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Further Continuing Appropriations Act - Overview - Spending Bill Version 1

Further Continuing Appropriations Act - Overview - Spending Bill Version 1

@rashmi
@rashmi
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..................................................................... (Original Signature of Memb…
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2 Sec. 3. References. DIVISION A—FURTHER CONTINUING APPROPRIATIONS ACT, 2025 DIVISION B—DISAS…
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3 Subtitle B—Prohibition and Notification on Investments Relating to Covered National Security …
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4 Sec. 503. Critical supply chain resilience working group. Sec. 504. Department of Commerce ca…
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5 Sec. 1402. SelectUSA defined. Sec. 1403. Findings. Sec. 1404. Coordination with State-level…
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6 Sec. 102. Making certain adjustments to coverage of home or community-based services under Me…
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7 Sec. 221. Contracting parity for MedPAC and MACPAC. Sec. 222. Adjustments to Medicare part D …
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8 Subtitle A—Extensions Sec. 401. Extension for community health centers, National Health Servi…
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9 Subtitle D—Miscellaneous Matters Sec. 551. Delivery of a controlled substance by a pharmacy t…
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10 Sec. 648. National Disaster Medical System. Sec. 649. Volunteer Medical Reserve Corps. Sec…
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11 Subtitle A—General Provisions Sec. 101. Purposes. Sec. 102. Definitions. Sec. 103. Table…
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12 Sec. 161. Community participation. Sec. 162. Workforce councils. Sec. 163. Advisory commit…
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13 TITLE IV—DEPARTMENT OF LABOR TECHNICAL ASSISTANCE Sec. 401. Technical assistance for transfo…
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14 Sec. 303. GAO study on Nutrition Services Incentive Program. Sec. 304. Innovations in nutrit…
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15 1 be treated as referring only to the provisions of that divi2 sion. 3 DIVISION A—FURTHER C…
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16 1 mospheric Administration—Procurement, Acquisition and 2 Construction’ may be apportioned u…
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17 1 up to the rate for operations necessary for ‘Columbia Class 2 Submarine (AP)’ in an amount…
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18 1 ginia Class Submarine program or to other nuclear-pow2 ered vessel programs. 3 ‘‘SEC. 158…
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19 1 Other Defense Activities’ may be apportioned up to the 2 rate for operations necessary to …
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20 1 ‘‘SEC. 162. In addition to amounts otherwise pro2 vided by section 101, there is appropriat…
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21 1 ‘‘(4) substituting ‘section 747 of division B of 2 Public Law 118–47, as in effect on Sept…
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22 1 Affairs—Veterans Health Administration—Medical Serv2 ices’ shall not apply during the perio…
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23 1 This division may be cited as the ‘‘Further Con2 tinuing Appropriations Act, 2025’’. 3 DI…
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24 1 the Secretary of Agriculture (referred to in this title as 2 ‘‘Secretary’’): Provided, Tha…
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25 1 reinsurance years in a manner consistent with Section 771 2 of the Consolidated Appropriat…
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26 1 keting—Office of the Secretary’’, as last amended by sec2 tion 791(c) of title VII of divis…
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27 1 Crop Disaster Assistance Program coverage: Provided fur2 ther, That the amount provided in …
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28 1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. …
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29 1 requirement pursuant to section 251(b)(2)(A)(i) of the 2 Balanced Budget and Emergency Def…
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30 1 FARM PRODUCTION AND CONSERVATION 2 PROGRAMS 3 FARM SERVICE AGENCY 4 EMERGENCY FOREST RE…
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31 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 RU…
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32 1 7508(a)(1)), $25,000,000, to remain available until Sep2 tember 30, 2026: Provided, That su…
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33 1 (iii) by inserting after ‘‘the Secretary 2 of Agriculture’’ the following: ‘‘, or the 3 …
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34 1 required by that subsection shall include information 2 and justification with regard to a…
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35 1 the date of enactment of this Act, make a 1-time economic 2 assistance payment to each pro…
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36 1 (3) The expected cost of production per acre for 2 an eligible commodity referred to in pa…
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37 1 (B) For purposes of subparagraph (A)(i), 2 the economic loss for an eligible commodity 3…
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38 1 (D) For purposes of subparagraph (C)(i), 2 the Secretary shall consider acreage planted to…
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39 1 (B) the national average payment yield for 2 the eligible commodity described in section …
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40 1 (3) The payment limitations under paragraph 2 (2) shall be separate from annual payment li…
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41 1 (d) Amounts provided by this section are designated 2 by the Congress as being for an emer…
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42 1 within the amount appropriated under this heading in this 2 Act, $10,000,000 shall be tran…
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43 1 NATIONAL OCEANIC AND ATMOSPHERIC 2 ADMINISTRATION 3 OPERATIONS, RESEARCH, AND FACILITIES …
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44 1 Balanced Budget and Emergency Deficit Control Act of 2 1985. 3 PROCUREMENT, ACQUISITION …
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45 1 FISHERIES DISASTER ASSISTANCE 2 For an additional amount for ‘‘Fisheries Disaster As3 sist…
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46 1 30, 2027, for necessary expenses related to the protection 2 of the residences of the Supr…
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47 1 $740,200,000, to remain available until expended: Pro2 vided, That up to 20 percent of such…
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48 1 September 30, 2025, for necessary expenses related to the 2 consequences of severe storms,…
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49 1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. …
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50 1 Provided, That such amount is designated by the Congress 2 as being for an emergency requi…
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51 1 OPERATION AND MAINTENANCE, ARMY NATIONAL 2 GUARD 3 For an additional amount for ‘‘Operatio…
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52 1 consequences of Hurricane Helene: Provided, That such 2 amount is designated by the Congre…
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53 1 RESEARCH, DEVELOPMENT, TEST AND 2 EVALUATION 3 RESEARCH, DEVELOPMENT, TEST AND EVALUATIO…
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54 1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 2 DEFENSE HEALTH PROGRAM 3 For an additional amount …
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55 1 endar year 2022, 2023, or 2024: Provided further, That 2 not later than 60 days after the …
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56 1 heading in this Act: Provided further, That such amount 2 is designated by the Congress as…
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57 1 projects that have previously received funds under this 2 heading in chapter 4 of title X …
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58 1 or section 104 of the Water Resources and Development 2 Act of 2020 shall be derived from …
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59 1 Act and not less than three business days prior to public 2 release, the Chief of Engineer…
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60 1 MISSISSIPPI RIVER AND TRIBUTARIES 2 For an additional amount for ‘‘Mississippi River and …
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61 1 and support emergency operations, repairs, and other ac2 tivities in response to such disas…
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62 1 That $46,534,000 shall be available for deposit into the 2 Aging Infrastructure Account es…
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63 1 ATOMIC ENERGY DEFENSE ACTIVITIES 2 NATIONAL NUCLEAR SECURITY 3 ADMINISTRATION 4 WEAPON…
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64 1 TITLE V 2 THE JUDICIARY 3 SUPREME COURT OF THE UNITED STATES 4 SALARIES AND EXPENSES 5…
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65 1 by section 7(b) of the Small Business Act: Provided, That 2 such amount is designated by t…
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66 1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 2 For an additional amount for ‘‘Procurement, C…
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67 1 Support’’ for audits and investigations funded under 2 ‘‘Federal Emergency Management Agen…
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68 1 the Congress as being for an emergency requirement pur2 suant to section 251(b)(2)(A)(i) of…
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69 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Defici…
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70 1 Guidelines as published in the Federal Register (Vol. 48, 2 No. 190, September 29, 1983), …
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71 1 UNITED STATES GEOLOGICAL SURVEY 2 SURVEYS, INVESTIGATIONS, AND RESEARCH 3 For an additiona…
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72 1 for necessary expenses related to the consequences of nat2 ural disasters occurring in and …
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73 1 to section 251(b)(2)(A)(i) of the Balanced Budget and 2 Emergency Deficit Control Act of 1…
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74 1 tion to eligible recipients in the form of forgiveness of prin2 cipal, negative interest lo…
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75 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Defici…
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76 1 tion thereof: Provided further, That funds appropriated 2 under this paragraph in this Act…
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77 1 notwithstanding section 1442(b) of the Safe Drinking 2 Water Act, funds appropriated under…
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78 1 gress as being for an emergency requirement pursuant to 2 section 251(b)(2)(A)(i) of the B…
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79 1 Act: Provided further, That the Administrator of the Envi2 ronmental Protection Agency may …
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80 1 canes, and other natural disasters: Provided, That such 2 amount is designated by the Cong…
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81 1 NATIONAL FOREST SYSTEM 2 For an additional amount for ‘‘National Forest Sys3 tem’’, $2,523…
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82 1 GENERAL PROVISIONS—THIS TITLE 2 SEC. 2701. Notwithstanding section 3304 of title 5, 3 Un…
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83 1 of anticipated uses of funds made available in this title 2 by State and Territory, and by…
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84 1 activities authorized under section 319(a) of the Public 2 Health Service Act: Provided, T…
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85 1 care homes, and the Secretary of Health and Human 2 Services shall develop parameters on t…
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86 1 Care and Development Block Grant Act: Provided further, 2 That payments made to States, te…
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87 1 available in this title in this Act, and submitted to such 2 Committees quarterly until al…
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88 1 to the Committees on Appropriations of the House of Rep2 resentatives and the Senate form 1…
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89 1 section 251(b)(2)(A)(i) of the Balanced Budget and 2 Emergency Deficit Control Act of 1985…
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90 1 penses related to the consequences of Typhoon Mawar: 2 Provided, That not later than 60 da…
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91 1 Balanced Budget and Emergency Deficit Control Act of 2 1985. 3 DEPARTMENT OF VETERANS AF…
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92 1 2029, for necessary expenses related to the consequences 2 of Hurricanes Milton and Helene…
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93 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 CO…
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94 1 vided further, That such amount is designated by the Con2 gress as being for an emergency r…
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95 1 cluding interest, from whatever source derived, recovered 2 by a State, a political subdiv…
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96 1 DEPARTMENT OF HOUSING AND URBAN 2 DEVELOPMENT 3 COMMUNITY PLANNING AND DEVELOPMENT 4 CO…
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97 1 the proposed use of all funds, including criteria for eligi2 bility and how the use of thes…
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98 1 and housing, economic revitalization, and mitigation in the 2 most impacted and distressed…
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99 1 that use such funds to supplement other Federal assist2 ance may adopt, without review or p…
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100 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 T…
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101 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Defic…
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102 1 (A) for purposes of section 251 of such 2 Act; 3 (B) for purposes of an allocation to t…
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103 1 DIVISION C—OTHER MATTERS 2 TITLE I—DISASTER RELIEF 3 SEC. 101. DISASTER GRANT CLOSEOUT …
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104 1 (A) by redesignating subparagraphs (A) 2 and (B) as clauses (i) and (ii), respectively, a…
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105 1 grantee or subgrantee receiving the financial as2 sistance for costs described in subparag…
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106 1 ‘‘(4) AVAILABILITY.—Excess funds for manage2 ment costs made available to a grantee or sub…
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107 1 Relief and Emergency Assistance Act (42 U.S.C. 2 5165b) during the period of a major disa…
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108 1 SEC. 103. REIMBURSEMENT FOR REPAIR, REPLACEMENT, 2 AND RESTORATION WORK ON PRIVATE 3 RO…
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109 1 (1) Private roads or bridges shall be inspected 2 by appropriate State, Indian Tribal, or…
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110 1 compliance with all applicable State and Federal 2 regulations and requirements that pert…
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111 1 the Administrator and the applicant). Once certified by 2 a professionally licensed engin…
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112 1 (I) significantly reduce the viabil2 ity of pathogens and weed seeds; and 3 (II) stabili…
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113 1 (D) INDIAN TRIBE.—The term ‘‘Indian 2 Tribe’’ has the meaning given the term in sec3 tio…
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114 1 tion by a materials manufacturer, includ2 ing for the manufacturing of new products. 3 (…
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115 1 cycling’ have the meanings given the terms in sub2 section (b) of the Recycling and Compos…
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116 1 ‘‘(C) DEFINITION OF PROCESSING.—For 2 purposes of this paragraph, the term ‘proc3 essing…
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117 1 ‘‘(D) a review of the practices of manufac2 turers and companies that are moving to using …
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118 1 ‘‘(I) the types of accepted resin, 2 if applicable; and 3 ‘‘(II) the packaging or produ…
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119 1 ‘‘(1) the number and types of recycling and 2 composting programs; 3 ‘‘(2) the types an…
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120 1 available under subsection (f) of the Recycling and 2 Composting Accountability Act— 3 …
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121 1 ‘‘(A) to reduce the overall waste produced 2 by the States, units of local government, an…
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122 1 ‘‘(2) prepare a report on the end-market sale of 2 compost from, to the extent practicabl…
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123 1 (d) FEDERAL AGENCY ACTIVITIES RELATED TO RE2 CYCLING.—Not later than 2 years after the dat…
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124 1 (3) identifying activities that Federal agencies 2 could carry out to further promote rec…
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125 1 nation, and to what use those specific recyclable ma2 terials were lost. 3 (4) EVALUATIO…
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126 1 (2) NONDISCLOSURE.—Any information col2 lected to carry out this section shall not be made…
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127 1 Indian Self-Determination and Education Assistance 2 Act (25 U.S.C. 5304). 3 (5) MATERI…
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128 1 (8) TRANSFER STATION.—The term ‘‘transfer 2 station’’ means a facility that— 3 (A) rece…
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129 1 award grants, on a competitive basis, to eligible entities 2 to improve recycling accessi…
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130 1 (3) if the eligible entity is a public-private part2 nership, the financial health of the …
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131 1 (i) MINIMUM AND MAXIMUM GRANT AMOUNT.—A 2 grant awarded to an eligible entity under the p…
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132 1 (3) to the extent information is available, a de2 scription of how grant funds received un…
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133 1 (1) in paragraph (1), by striking ‘‘2020 and 2 2021’’ and inserting ‘‘2026 and 2027’’; …
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134 1 (A) by striking ‘‘(4) The Administrator, 2 upon’’ and inserting the following: 3 ‘‘(4) …
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135 1 lized in the certification of any model year 2 vehicle pursuant to paragraph (1)(A); or …
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136 1 sumer and Fuel Retailer Choice Act of 2 2024, and is accompanied by appropriate’’; 3 (i…
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137 1 tion 211(o)(9) of the Clean Air Act (42 U.S.C. 2 7545(o)(9)) is amended by adding at the …
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138 1 ‘‘(iii) COMPLIANCE YEAR 2018.—In 2 addition to small refineries described in 3 clause (…
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139 1 trator of the Environmental Protection Agency, in collabo2 ration with the Commodity Futur…
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140 1 (A) The term ‘‘appropriate congressional 2 committees’’ means— 3 (i) the Committee on F…
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141 1 (C) The term ‘‘intelligence community’’ 2 has the meaning given such term in section 3 …
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142 1 their primary geographic areas of oper2 ations; 3 (ii) list Haitian political and econom…
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143 1 by the United States, the statutory 2 basis for such designation; 3 (v) describe in det…
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144 1 (B) FORM OF REPORT.—The report re2 quired under subparagraph (A) shall be sub3 mitted in …
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145 1 sional committees before such waiver is to take 2 effect that such waiver would serve a n…
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146 1 (1) IN GENERAL.—A requirement to block and 2 prohibit all transactions in all property an…
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147 1 2017, and ending on September 30, 2 2030.’’; and 3 (ii) by amending subparagraph (C) to…
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148 1 the Harmonized Tariff Schedule of the United States to 2 restore such special tariff trea…
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149 1 Act of 2018 (50 U.S.C. 4841 et seq.) with respect 2 to such boycotts. 3 (c) TERMINATION…
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150 1 ‘‘(A) For each license application or other 2 request for authorization, the name of the …
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151 1 ‘‘(i) the Committee on Foreign Affairs 2 of the House of Representatives; and 3 ‘‘(ii) …
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152 1 SEC. 306. TEN-YEAR STATUTE OF LIMITATIONS FOR EX2 PORT CONTROL AND ANTI-BOYCOTT VIOLA3 TI…
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153 1 (b) ANTI-BOYCOTT VIOLATIONS.—Section 1774 of 2 the Export Control Reform Act of 2018 (50 …
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154 1 TITLE IV—VETERANS 2 SEC. 401. PROTECTING REGULAR ORDER FOR VETERANS 3 ACT OF 2024. 4 …
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155 1 (2) DEFINITIONS.—In this subsection: 2 (A) APPROPRIATE COMMITTEES OF CON3 GRESS.—The ter…
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156 1 Section 706(d) of title 38, United States Code, is amended 2 by adding at the end the fol…
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157 1 ‘‘(aa) The Under Secretary for Benefits, 2 the Under Secretary for Health, or the Under …
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158 1 ‘‘(II) any critical skill incentive provided under 2 paragraph (1) to the employee for th…
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159 1 SEC. 402. IMPROVING VETERANS’ EXPERIENCE ACT OF 2024. 2 (a) SHORT TITLE.—This section may…
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160 1 and other beneficiaries’ satisfaction with and usage 2 of benefits and services furnished…
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161 1 ‘‘(5) Assessing and advising the Secretary on 2 the accuracy and helpfulness of the websi…
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162 1 ‘‘(B) Data regarding veteran and beneficiary 2 satisfaction with and usage of benefits or…
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163 1 other beneficiary unless such individual provides ap2 propriate consent to allow such info…
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164 1 (c) COMPTROLLER GENERAL REVIEW OF VETERANS 2 EXPERIENCE OFFICE AND CUSTOMER SERVICE IMPROV…
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165 1 SEC. 403. NAMING THE DEPARTMENT OF VETERANS AF2 FAIRS COMMUNITY-BASED OUTPATIENT 3 CLINI…
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166 1 that sought to honor and serve the patriots who so 2 nobly served their country. 3 (3) …
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167 1 the United States to the veterans center referred to 2 in paragraph (1). 3 TITLE V—COMP…
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168 1 fiscal years beginning on or after the date of the enact2 ment of this Act, to carry out t…
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169 1 Subtitle A—Imposition of Sanctions 2 SEC. 101. IMPOSITION OF SANCTIONS. 3 (a) IN GENERA…
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170 1 to a person that commits an unlawful act described in sec2 tion 206(a) of such Act (50 U.S…
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171 1 (1) may consider credible information obtained 2 by other countries, nongovernmental orga…
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172 1 (A) means the People’s Republic of China; 2 and 3 (B) includes the Hong Kong Special Ad…
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173 1 or a group of entities described in clause (i), 2 (ii), (iii), or (iv); and 3 (B) that …
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174 1 (B) an entity organized under the laws of 2 the United States or of any jurisdiction with…
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175 1 ered national security transaction in a prohibited tech2 nology. 3 ‘‘(b) EVASION.—Any tr…
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176 1 priate, the heads of other relevant Federal depart2 ments and agencies, may issue regulati…
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177 1 (a) in determining the legal consequences of 2 that violation. 3 ‘‘(B) SELF-DISCLOSURE …
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178 1 ‘‘(C) prioritizing transparency and stake2 holder involvement in the process of issuing th…
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179 1 basis of the violation with respect to 2 which the penalty is imposed. 3 ‘‘(iii) DIVEST…
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180 1 the authority provided by section 801(a) to prohibit know2 ingly engaging in such covered …
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181 1 duplication of reporting requirements under 2 current regulation; 3 ‘‘(B) adopting the …
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182 1 ‘‘(I) $250,000; or 2 ‘‘(II) an amount that is twice the 3 amount of the transaction tha…
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183 1 ‘‘(7) IDENTIFICATION OF NON-NOTIFIED ACTIV2 ITY.—The Secretary, in coordination with the S…
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184 1 ‘‘(B) Information provided to Congress or 2 any of the appropriate congressional commit3…
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185 1 take effect, and not less frequently than annually there2 after for 7 years, the Secretary…
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186 1 United States if developed or acquired by a 2 country of concern; 3 ‘‘(B) explaining wh…
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187 1 ered national security transaction that neces2 sitated a notification; 3 ‘‘(4) includes …
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188 1 tion of this title, including recommendations 2 with respect to whether the definition of…
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189 1 and the Committee on Financial Services of the House of 2 Representatives testimony with …
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190 1 veloped or acquired by a country of con2 cern; and 3 ‘‘(ii) if the Secretary determines …
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191 1 ber of one or more of the appropriate congressional 2 committees. 3 ‘‘SEC. 804. MULTILA…
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192 1 ‘‘(b) STRATEGY FOR MULTILATERAL ENGAGEMENT 2 AND COORDINATION.—Not later than 180 days aft…
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193 1 ‘‘(2) a list of partner and allied countries to 2 target for cooperation in developing th…
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194 1 ‘‘(b) CONFIDENTIALITY OF EVIDENCE.—The Sec2 retary shall establish a mechanism for the pub…
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195 1 any domestic governmental entity, or to any 2 foreign governmental entity of a United Sta…
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196 1 term ‘appropriate congressional committees’ 2 means— 3 ‘‘(A) the Committee on Financial…
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197 1 ‘‘(B) is a member of the Central Com2 mittee of the Chinese Communist Party; 3 ‘‘(C) is …
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198 1 ‘‘(ii) the provision of a loan or similar 2 debt financing arrangement to a covered 3 f…
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199 1 that will result in, or that the United 2 States person intends to result in— 3 ‘‘(I) t…
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200 1 with Congress and in accordance with this title, 2 the term ‘covered national security tr…
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201 1 funds, or other pooled investment 2 fund (other than as described in sub3 clause (II)) w…
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202 1 ‘‘(v) the acquisition by a United 2 States person of the equity or other inter3 est owne…
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203 1 ‘‘(I) contractual arrangements or 2 the procurement of material inputs 3 for any covere…
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204 1 ‘‘(ii) underwriting services; 2 ‘‘(iii) credit rating services; and 3 ‘‘(iv) other serv…
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205 1 ‘‘(iv) develops any artificial intel2 ligence system that is not covered under 3 clause …
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206 1 ‘‘(aa) cybersecurity applica2 tions; 3 ‘‘(bb) digital forensics tools; 4 ‘‘(cc) penetr…
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207 1 ‘‘(A) IN GENERAL.—The term ‘prohibited 2 technology’ means a technology with respect to …
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208 1 lations, or integrated circuits designed for 2 operation at or below 4.5 Kelvin; 3 ‘‘(i…
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209 1 ‘‘(v) packages any integrated circuit 2 using advanced packaging techniques; 3 ‘‘(vi) d…
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210 1 ‘‘(x) develops a quantum computer or 2 produces any critical components required 3 to p…
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211 1 ‘‘(xiii) develops, designs, or produces 2 materials, components, avionics, flight con3 t…
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212 1 Munitions List set forth in the Inter2 national Traffic in Arms Regulations 3 under subc…
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213 1 ered foreign person intends to be used for, 2 any— 3 ‘‘(I) military end use (such as fo…
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214 1 ‘‘(10) UNITED STATES PERSON.—The term 2 ‘United States person’ means— 3 ‘‘(A) any Unite…
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215 1 include certain facilities and property of 2 the intelligence community and National 3 …
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216 1 propriate security clearances, regarding the list 2 of sites identified under subsection …
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217 1 (c) CENTRALIZATION OF MONITORING AND EN2 FORCEMENT FUNCTIONS.—Section 721(q)(2) of the De…
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218 1 (1) IN GENERAL.—Not later than 365 days 2 after the date of the enactment of this Act, an…
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219 1 that led to the identification of the entities described 2 in such lists. 3 (3) RISK-BA…
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220 1 (b) REQUIREMENT FOR DIVESTMENT.— 2 (1) IN GENERAL.—The President shall promul3 gate rule…
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221 1 (3) NOTICE AND BRIEFING.—The President 2 shall notify the appropriate congressional commi…
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222 1 Chinese Military-Industrial Complex Companies 2 List’’ means the list maintained by the O…
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223 1 SEC. 122. EXTENSION OF FILING DEADLINE FOR CERTAIN 2 PRE-EXISTING REPORTING COMPANIES. …
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224 1 redesignate the 121st Fighter Squadron of the 113th 2 Wing, District of Columbia Air Nati…
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225 1 (B) in paragraph (2), in the matter pre2 ceding subparagraph (A), by inserting ‘‘and 3 m…
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226 1 of the Interior (hereafter referred to as the ‘‘Sec2 retary’’), acting under the authority…
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227 1 (b) DEVELOPMENT AND USES OF CAMPUS.—After 2 transfer of administrative jurisdiction over …
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228 1 the Campus as set forth under subsection (b) after trans2 fer of administrative jurisdicti…
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229 1 planning and ongoing management of the develop2 ment. 3 (6) The District shall carry out…
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230 1 (d) SURVEY.— 2 (1) REQUIRING SURVEY.—As soon as prac3 ticable after the date of the enac…
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231 1 (4) AVAILABILITY OF SURVEY AND MAP FOR 2 PUBLIC INSPECTION.—The survey conducted under 3…
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232 1 (A) any costs of carrying out the survey 2 under subsection (d); and 3 (B) any costs of…
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233 1 of the Campus’’ means the area designated in the 2 map referred to in subsection (m) as ‘…
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234 1 with, as reasonably determined by the Sec2 retary. 3 (B) Such noncompliance has not been…
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235 1 ministrative jurisdiction over the Campus reverts to 2 the Secretary under this subsectio…
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236 1 picted on the map entitled ‘‘Anacostia Park, Robert F. 2 Kennedy Memorial Stadium Campus …
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237 1 (5) the term ‘‘Office of the Chief Administrative 2 Officer’’ means the Office of the Chi…
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238 1 (2) CHIEF ADMINISTRATIVE OFFICER AND PRO2 VIDERS FOR A HOUSE OFFICE.—The Office of the 3…
238/1547
239 1 porarily or otherwise) through the use of an electronic sys2 tem established, maintained, …
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240 1 (g) PREEMPTION.—Except as provided in this sec2 tion, any provision of law or rule of civi…
240/1547
241 1 SEC. 607. ADDITIONAL SPECIAL ASSESSMENT. 2 Section 3014 of title 18, United States Code, …
241/1547
242 1 (B) in paragraph (8), by striking the pe2 riod at the end; and 3 (C) by adding at the en…
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243 1 2020, 2021, 2022, and 2023’’ and inserting ‘‘2025 2 through 2029’’. 3 (e) OFFENDER REEN…
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244 1 (1) prohibit any commercial or industrial pur2 pose in which high concentration sodium nit…
244/1547
245 1 (2) HIGH CONCENTRATION OF SODIUM NI2 TRITE.—The term high concentration of sodium ni3 tri…
245/1547
246 1 under subsection (a), the Commission shall limit the appli2 cation of such standards to co…
246/1547
247 1 the proposed revision, in whole or in part, does not 2 improve the safety of the consumer…
247/1547
248 1 (B) the make and model of the lithium-ion 2 battery and micromobility product that result…
248/1547
249 1 (1) that holds a license issued by the Commis2 sion pursuant to— 3 (A) section 309(j) of…
249/1547
250 1 (A) that holds any authorization, license, 2 or other grant of authority issued by the Co…
250/1547
251 1 (1) APPROPRIATE NATIONAL SECURITY AGEN2 CY.—The term ‘‘appropriate national security agen…
251/1547
252 1 SEC. 502. ADDITIONAL RESPONSIBILITIES OF ASSISTANT 2 SECRETARY OF COMMERCE FOR INDUSTRY …
252/1547
253 1 (3) Encourage the growth and competitiveness 2 of United States production and manufactur…
253/1547
254 1 tries that are described in section 507(2)(B) to the 2 United States and countries that a…
254/1547
255 1 ing for critical and emerging technologies), 2 and critical supply chains; 3 (ii) asses…
255/1547
256 1 rupt, strain, or eliminate the critical supply 2 chain; 3 (D) evaluating the capability…
256/1547
257 1 (2) In consultation with State and local govern2 ments, the Working Group, and (as appropr…
257/1547
258 1 chains, critical industries, and emerging tech2 nologies; 3 (E) identifying opportunitie…
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259 1 (9) the Office of the Director of National Intel2 ligence; and 3 (10) the Small Business…
259/1547
260 1 (2) describes supply chain data collected, re2 tained, and analyzed by the Assistant Secre…
260/1547
261 1 ments, shall submit to the relevant committees of 2 Congress a report that— 3 (A) ident…
261/1547
262 1 emerging technologies, as appropriate, for 2 the authentication and traceability of crit…
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263 1 (bb) surge production of 2 critical goods and production 3 equipment; and 4 (cc) main…
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264 1 industries (including critical industries for 2 emerging technologies); 3 (E) with rega…
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265 1 (i) support sufficient access to critical 2 goods by mitigating vulnerabilities in crit3…
265/1547
266 1 for critical industries (including critical in2 dustries for emerging technologies) by— …
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267 1 (V) consulting with countries 2 that are allies or key international 3 partner nations …
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268 1 (B) confidential business information of a 2 private sector entity; or 3 (C) classified…
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269 1 (3) to implement any measure or recommenda2 tion suggested by the Secretary or Assistant S…
269/1547
270 1 such information, be used directly by the 2 Department of Commerce, any other Fed3 eral,…
270/1547
271 1 (bb) to the Comptroller Gen2 eral of the United States, or any 3 authorized representati…
271/1547
272 1 vided under law, such as trade secret pro2 tection. 3 (B) EXPRESS STATEMENT.—The express…
272/1547
273 1 (3) INDEPENDENTLY OBTAINED INFORMA2 TION.—Nothing in this subsection may be construed 3 …
273/1547
274 1 assistance under section 9902 of the William M. 2 (Mac) Thornberry National Defense Autho…
274/1547
275 1 (C) consulting with agencies implementing 2 similar activities related to critical supply…
275/1547
276 1 (A) means a country that is critical to ad2 dressing critical supply chain weaknesses and …
276/1547
277 1 rial (including any mineral, metal, or advanced proc2 essed material), article, commodity,…
277/1547
278 1 (A) sustaining and adapting a critical sup2 ply chain during a supply chain shock; 3 (B)…
278/1547
279 1 velopment, engineering, or production activities nec2 essary for manufacturing a critical …
279/1547
280 1 (ix) Microelectronics, optical fiber ray, 2 and high performance and advanced com3 puter…
280/1547
281 1 nology that is necessary for the manufacturing of a 2 critical good. 3 (16) PRODUCTION …
281/1547
282 1 (i) effective private sector risk man2 agement and mitigation planning to sus3 tain criti…
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283 1 (I) a country described in para2 graph (2)(B); or 3 (II) an entity or an individual 4 …
283/1547
284 1 technology’’ means a distributed digital database 2 where data is— 3 (A) shared across …
284/1547
285 1 (6) TOKEN.—The term ‘‘token’’ means a trans2 ferable, digital representation of informatio…
285/1547
286 1 nology or other distributed ledger technology, appli2 cations built on blockchain technolo…
286/1547
287 1 (5) to support engagement with the public to 2 develop a compendium of proposals for prac…
287/1547
288 1 technology or other distributed ledger tech2 nology, tokens, and tokenization; and 3 (D)…
288/1547
289 1 (c) ESTABLISHMENT OF NATIONAL BLOCKCHAIN 2 DEPLOYMENT ADVISORY COMMITTEE.— 3 (1) ESTABLI…
289/1547
290 1 (as determined necessary by the Secretary), 2 which may include— 3 (i) blockchain techn…
290/1547
291 1 (x) covered nongovernmental rep2 resentatives; and 3 (xi) artists and the content creato…
291/1547
292 1 distributed ledger technology, tokens, and 2 tokenization; 3 (3) support operations, in…
292/1547
293 1 (1) consult closely and regularly with stake2 holders, including private sector individual…
293/1547
294 1 built on blockchain technology or other distributed 2 ledger technology, tokens, and toke…
294/1547
295 1 (g) CONSULTATION.—In implementing this section, 2 the Secretary may, as appropriate, cons…
295/1547
296 1 (b) FINAL REPORT.—Not later than 18 months be2 fore the termination of the Advisory Commit…
296/1547
297 1 (2) COMPOSITION.—To the extent practicable, 2 the membership of the Task Force shall be c…
297/1547
298 1 Transportation of the Senate, a report on sixth-gen2 eration wireless technology, includin…
298/1547
299 1 leverage such technology, including with regard 2 to siting, deployment, and adoption. …
299/1547
300 1 (ii) the Chair otherwise determines 2 that such entity poses a threat to the na3 tional …
300/1547
301 1 SEC. 902. PROHIBITION ON GRANT OF CERTAIN SATELLITE 2 LICENSES, UNITED STATES MARKET ACCE…
301/1547
302 1 ‘‘(1) BLANKET-LICENSED EARTH STATION.— 2 The term ‘blanket-licensed earth station’ means …
302/1547
303 1 orbit satellite system or a nongeostationary 2 orbit satellite system; or 3 ‘‘(B) a gat…
303/1547
304 1 (1) by redesignating subsection (h) as sub2 section (i); and 3 (2) by inserting after su…
304/1547
305 1 ‘‘(C) IDENTIFIABLE INDIVIDUAL.—The 2 term ‘identifiable individual’ means an indi3 vidua…
305/1547
306 1 merce, to use an interactive computer service to 2 knowingly publish an intimate visual d…
306/1547
307 1 merce, to use an interactive computer service to 2 knowingly publish an intimate visual d…
307/1547
308 1 ‘‘(III) as part of medical edu2 cation, diagnosis, or treatment or for 3 a legitimate me…
308/1547
309 1 merce, to use an interactive computer service to 2 knowingly publish a digital forgery of…
309/1547
310 1 ‘‘(i) abuse, humiliate, harass, or de2 grade the minor; or 3 ‘‘(ii) arouse or gratify th…
310/1547
311 1 ‘‘(IV) in the reporting of unlaw2 ful content or unsolicited or unwel3 come conduct or in…
311/1547
312 1 Code, imprisoned not more than 3 years, or 2 both. 3 ‘‘(5) RULES OF CONSTRUCTION.—For p…
312/1547
313 1 ‘‘(B) THREATS INVOLVING DIGITAL FOR2 GERIES.— 3 ‘‘(i) THREATS INVOLVING ADULTS.— 4 Any…
313/1547
314 1 ‘‘(i) any material distributed in viola2 tion of that paragraph; 3 ‘‘(ii) the person’s i…
314/1547
315 1 (b) DEFENSES.—Section 223(e)(1) of the Commu2 nications Act of 1934 (47 U.S.C. 223(e)(1)) …
315/1547
316 1 (II) was published without the 2 consent of the identifiable individual; 3 and 4 (ii)…
316/1547
317 1 visual depiction was published without the 2 consent of the identifiable individual; and …
317/1547
318 1 sible, but not later than 48 hours after receiving 2 such request— 3 (A) remove the int…
318/1547
319 1 (A) IN GENERAL.—Except as provided in 2 subparagraph (D), the Commission shall en3 force…
319/1547
320 1 that are not organized to carry on business for 2 their own profit or that of their membe…
320/1547
321 1 application to publish, curate, host, or 2 make available content of nonconsensual 3 in…
321/1547
322 1 SEC. 1005. SEVERABILITY. 2 If any provision of this title, or an amendment made 3 by th…
322/1547
323 1 ‘‘(B) the term ‘new covered funding award’ 2 means an award of covered funding that is …
323/1547
324 1 ational capabilities, and has a reasonable busi2 ness plan, to deploy the proposed network…
324/1547
325 1 ered funding award, the Commission shall set a 2 penalty for pre-authorization defaults o…
325/1547
326 1 cilitate and promote domestic travel and tourism to 2 those locations and events.’’. 3 …
326/1547
327 1 and facilitating and promoting international travel 2 and tourism to those locations and …
327/1547
328 1 (2) by striking ‘‘In this title, the term ‘COVID2 19 public health emergency’—’’ and inser…
328/1547
329 1 SEC. 1302. REQUIRED DISCLOSURE OF A CAMERA OR RE2 CORDING CAPABILITY IN CERTAIN INTER3 NE…
329/1547
330 1 under this title shall be subject to the penalties and 2 entitled to the privileges and i…
330/1547
331 1 title shall confer any rights on any person, State, or local2 ity, nor shall operate to bi…
331/1547
332 1 (C) any device or apparatus described in 2 sections 255, 716, and 718, and subsections …
332/1547
333 1 SEC. 1403. FINDINGS. 2 Congress makes the following findings: 3 (1) Semiconductors unde…
333/1547
334 1 (C) materials and equipment used to man2 ufacture semiconductor products. 3 (5) The Fede…
334/1547
335 1 (B) what barriers to such investment may 2 exist and how to amplify State efforts to attr…
335/1547
336 1 SEC. 1405. REPORT ON INCREASING FOREIGN DIRECT IN2 VESTMENT IN SEMICONDUCTOR-RELATED 3 M…
336/1547
337 1 (B) working with State-level economic de2 velopment organizations and implementing any 3…
337/1547
338 1 (A) display the total services price, if a 2 price is displayed, in any advertisement, ma…
338/1547
339 1 (3) INDEMNIFICATION PROVISIONS.—Nothing 2 in this section shall be construed to prohibit …
339/1547
340 1 (ii) PRIVILEGES AND IMMUNITIES.— 2 Any person who violates this section shall 3 be subj…
340/1547
341 1 civil action under subparagraph (A) 2 shall notify the Commission in writing 3 that the…
341/1547
342 1 (C) INVESTIGATORY POWERS.—Nothing in 2 this paragraph may be construed to prevent the 3…
342/1547
343 1 section 1391 of title 28, United States 2 Code; or 3 (II) another court of competent …
343/1547
344 1 (ii) SAVINGS PROVISION.—Nothing in 2 this paragraph may be construed to pro3 hibit an au…
344/1547
345 1 the total services price after receiving notice 2 that such information was false or inac…
345/1547
346 1 (B) preempt any law of a State or political 2 subdivision of a State to the extent that s…
346/1547
347 1 (3) COVERED ENTITY.—The term ‘‘covered en2 tity’’ means a person, partnership, or corporat…
347/1547
348 1 to-business platform, consumer-facing platform, or 2 both, that displays, including throu…
348/1547
349 1 family dwelling or a unit in a condominium, coopera2 tive, or time-share, that provides co…
349/1547
350 1 (B) does not include— 2 (i) any taxes or fees imposed by a 3 government or quasi-govern…
350/1547
351 1 ondary market ticket issuer, or secondary market ticket 2 exchange to offer for sale an e…
351/1547
352 1 market ticket exchange may sell, offer for sale, or adver2 tise for sale a service to an i…
352/1547
353 1 (2) shall not state that the ticket issuer, sec2 ondary market ticket issuer, or secondary…
353/1547
354 1 scheduled event, a replacement event ticket for the 2 rescheduled event in the same or a …
354/1547
355 1 issuer, or secondary market ticket exchange shall provide 2 a clear and conspicuous expla…
355/1547
356 1 et seq.) were incorporated into and made a part of 2 this title. 3 (2) PRIVILEGES AND I…
356/1547
357 1 (A) taking place in a venue with a seating 2 or attendance capacity exceeding 200 persons…
357/1547
358 1 (7) OPTIONAL PRODUCT OR SERVICE.—The 2 term ‘‘optional product or service’’ means a produ…
358/1547
359 1 ing the base event ticket price and any event ticket 2 fee. 3 (12) VENUE.—The term ‘‘ve…
359/1547
360 1 (1) COVERED COUNTRY.—The term ‘‘covered 2 country’’ means a country specified in section …
360/1547
361 1 Subtitle A—Reauthorization 2 SEC. 1911. REAUTHORIZATION OF THE NATIONAL TELE3 COMMUNICAT…
361/1547
362 1 ‘‘(3) DEPUTY UNDER SECRETARY.—The Dep2 uty Under Secretary of Commerce for Communica3 tio…
362/1547
363 1 day before the date of the enactment of this Act may 2 serve as the Under Secretary and t…
363/1547
364 1 nual rate of the basic pay of the Under Sec2 retary) shall take effect on the first day of…
364/1547
365 1 (2) ASSIGNED FUNCTIONS.—Section 103(b)(2) 2 of the National Telecommunications and Inform…
365/1547
366 1 the National Telecommunications and Information 2 Administration Organization Act (47 U.S…
366/1547
367 1 amended by striking ‘‘Assistant Secretary for Com2 munications and Information of the Depa…
367/1547
368 1 (B) by striking ‘‘Assistant Secretary’’ each 2 place the term appears and inserting ‘‘Und…
368/1547
369 1 (ii) by redesignating paragraphs (5) 2 through (32) as paragraphs (4) through 3 (31), r…
369/1547
370 1 (B) by striking ‘‘Assistant Secretary’’ each 2 place the term appears and inserting ‘‘Und…
370/1547
371 1 (III) in subsection (d)(2)(B), in 2 the heading, by striking ‘‘ASSISTANT 3 SECRETARY’’ a…
371/1547
372 1 (II) in subsection (d)(1), by 2 striking ‘‘ASSISTANT SECRETARY’’ 3 and inserting ‘‘UNDE…
372/1547
373 1 (iv) by striking ‘‘Assistant Secretary’’ 2 each place the term appears and inserting 3 …
373/1547
374 1 Information Administration Organization Act are re2 pealed. 3 (3) INITIAL REPORT REQUIRE…
374/1547
375 1 section may be construed to expand or contract the 2 authority of the Secretary, the Unde…
375/1547
376 1 Appropriations Act, 2021 (47 U.S.C. 2 1307(c)(2)(C)). 3 (B) If amounts in the Public Wi…
376/1547
377 1 Appropriations Act, 2021 (47 U.S.C. 2 1307(c)(2)(C)) is amended— 3 (i) in the matter pr…
377/1547
378 1 60304(d)(1), and each fiscal year there2 after in which the Under Secretary awards 3 gra…
378/1547
379 1 submits a report required by paragraph (1) to 2 the committees described in such paragrap…
379/1547
380 1 Subtitle B—Office of Spectrum 2 Management 3 SEC. 1921. OFFICE OF SPECTRUM MANAGEMENT. …
380/1547
381 1 quencies that will be used by such stations, and de2 velop and maintain techniques, databa…
381/1547
382 1 ernment to construct and operate a radio station at 2 the seat of Government of the Unite…
382/1547
383 1 Subtitle C—Office of International 2 Affairs 3 SEC. 1931. OFFICE OF INTERNATIONAL AFFAI…
383/1547
384 1 international telecommunications and information 2 policy; 3 ‘‘(2) present on internati…
384/1547
385 1 policy meetings and the activities related to prepara2 tion for such meetings; 3 ‘‘(7) i…
385/1547
386 1 ‘‘(11) carry out any other duties of the NTIA 2 with respect to international telecommuni…
386/1547
387 Sec. 201. Extension of increased inpatient hospital payment adjustment for certain low-volum…
387/1547
388 Sec. 313. Enhancements to the court improvement program. Sec. 314. Expanding regional partn…
388/1547
389 Sec. 518. Protecting suicide prevention lifeline from cybersecurity incidents. Sec. 519. Br…
389/1547
390 Subtitle B—Federal Planning and Coordination Sec. 621. All-Hazards Emergency Preparedness a…
390/1547
391 Sec. 801. Research into pediatric uses of drugs; additional authorities of Food and Drug Ad…
391/1547
392 1 such plan) to furnish items and services to, 2 or order, prescribe, refer, or certify eli…
392/1547
393 1 ‘‘(I) that is located in any other 2 State; 3 ‘‘(II) that— 4 ‘‘(aa) was determined by…
393/1547
394 1 such State plan (or a waiver of 2 such plan); and 3 ‘‘(III) that has not been— 4 ‘‘(a…
394/1547
395 1 ‘‘(iii) STATE.—The term ‘State’ 2 means 1 of the 50 States or the District 3 of Columbi…
395/1547
396 1 (A) in paragraph (2)— 2 (i) in subparagraph (E)— 3 (I) by inserting ‘‘, not less fre4 …
396/1547
397 1 waiver granted under this subsection and main2 tains a list of individuals waiting to enro…
397/1547
398 1 ‘‘(i) for individuals newly receiving 2 such services within the past 12 months, 3 the …
398/1547
399 1 garding such services as the State is required to pro2 vide under subsection (c)(11)(B).’’…
399/1547
400 1 (b) DEMONSTRATION PROGRAM TO EXPAND HCBS 2 COVERAGE UNDER SECTION 1915(C) WAIVERS.—Sectio…
400/1547
401 1 of home or community-based services 2 (other than room and board (as described 3 in par…
401/1547
402 1 areas (as determined by the Sec2 retary); 3 ‘‘(V) give preference to States 4 that hav…
402/1547
403 1 ‘‘(I) APPROVAL.—Not later than 2 18 months after the date of the enact3 ment of this par…
403/1547
404 1 a waiver described in such clause, consult 2 with— 3 ‘‘(I) individuals in need of (and …
404/1547
405 1 to individuals described in clause (iii), all 2 other waivers (if any) granted under this…
405/1547
406 1 ‘‘(iv) The State established needs2 based criteria for determining whether an 3 individu…
406/1547
407 1 the Secretary may specify) regarding the 2 number of individuals described in clause 3 …
407/1547
408 1 of time that such individuals have re2 ceived such service; 3 ‘‘(III) a comparison betwe…
408/1547
409 1 for home and community-based services under section 2 1915 of the Social Security Act (42…
409/1547
410 1 (42 U.S.C. 1396a(a)(10)(A)(ii)(XV)) is amended by 2 striking ‘‘but less than 65,’’. 3 (…
410/1547
411 1 (B) in paragraph (87), by striking the pe2 riod at the end and inserting ‘‘; and’’; and …
411/1547
412 1 such decision is a denial of such eligibility, 2 such individual has exhausted the indivi…
412/1547
413 1 ‘‘(ii) with respect to an individual de2 scribed in subparagraph (C)(ii), would be 3 so …
413/1547
414 1 ‘‘(i) was receiving home and commu2 nity-based services (as defined in section 3 9817(a)…
414/1547
415 1 (b) IMPLEMENTATION FUNDING.—There are appro2 priated, out of any funds in the Treasury not…
415/1547
416 1 formation in accordance with such section (or suc2 cessor regulation), except that this pa…
416/1547
417 1 tity that is provided to such entity directly from, or 2 verified by such entity directly…
417/1547
418 1 SEC. 107. MODIFYING CERTAIN STATE REQUIREMENTS FOR 2 ENSURING DECEASED INDIVIDUALS DO NOT…
418/1547
419 1 frequently than quarterly, review the Death 2 Master File (as such term is defined in sec…
419/1547
420 1 ‘‘(C) REINSTATEMENT OF COVERAGE IN 2 THE EVENT OF ERROR.—If a State determines 3 that an…
420/1547
421 1 SEC. 108. ONE-YEAR DELAY OF MEDICAID AND CHIP RE2 QUIREMENTS FOR HEALTH SCREENINGS, RE3 F…
421/1547
422 1 U.S.C. 1396a(a)(84)), as added by section 5121 2 of subtitle C of title V of division FF …
422/1547
423 1 added by section 5121 of subtitle C of title V 2 of division FF of the Consolidated Appro…
423/1547
424 1 scribing the State’s progress towards implementing, and 2 its plans to come into complian…
424/1547
425 1 lowing information (to the extent practicable) with 2 respect to maternity, labor, and de…
425/1547
426 1 (D) The amounts applicable hospitals are 2 paid for maternity, labor, and delivery servic…
426/1547
427 1 447.203(b)(3) of title 42, Code of Federal 2 Regulations), other Federally-funded or 3 …
427/1547
428 1 (A) The hospital provides labor and deliv2 ery services and more than 50 percent of the …
428/1547
429 1 quired under paragraph (1), to remain available 2 until expended. 3 (5) HHS REPORT ON S…
429/1547
430 1 Human Services for purposes of implementing this sec2 tion. 3 SEC. 110. MODIFYING CERTAI…
430/1547
431 1 (B) in clause (ii), by striking ‘‘January 1, 2 2025,’’ and all that follows through ‘‘202…
431/1547
432 1 (II) in subclause (II), by striking 2 the period and inserting ‘‘; and’’; and 3 (III) b…
432/1547
433 1 or applicable plan for such services fur2 nished to such individuals during such 3 year.…
433/1547
434 1 under section 1923 of the Social Security Act 2 (42 U.S.C. 1396r–4) applicable to that St…
434/1547
435 1 (C) AUTHORITY TO PERMIT RETROACTIVE 2 MODIFICATION OF STATE PLAN AMENDMENTS 3 TO ALLOW FO…
435/1547
436 1 1923(j)(2) of the Social Security Act (42 2 U.S.C. 1396r–4(j)(2)). 3 (D) REPORTING.—If …
436/1547
437 1 marks (as such term is defined by the Secretary) as 2 follows: 3 ‘‘(A) USE OF VENDOR.—T…
437/1547
438 1 net of all discounts, rebates, and other 2 price concessions (to the extent any 3 infor…
438/1547
439 1 (2) in subparagraph (B) of paragraph (1), by 2 striking ‘‘subparagraph (A)(ii)’’ and inse…
439/1547
440 1 ‘‘(F) SURVEY REPORTING.—In order to 2 meet the requirement of section 1902(a)(54), a 3 …
440/1547
441 1 mined by the Secretary and shall include at 2 least the following: 3 ‘‘(i) The monthly …
441/1547
442 1 on a retail community pharmacy or appli2 cable non-retail pharmacy if— 3 ‘‘(I) the retai…
442/1547
443 1 is part of a chain), in an amount not 2 to exceed $100,000 for each such vio3 lation. …
443/1547
444 1 payment methodologies for retail community 2 pharmacies.’’; 3 (5) in paragraph (2)— 4…
444/1547
445 1 may influence the costs reported by pharmacies 2 that are affiliates (as defined in subse…
445/1547
446 1 any subsequent fiscal year shall remain avail2 able until expended.’’ after the period. …
446/1547
447 1 other specified entity (as such terms are defined in 2 section 1903(m)(9)(D)).’’. 3 (c)…
447/1547
448 1 meet the definition of applicable non-retail phar2 macies (as such term is defined in subs…
448/1547
449 1 made by this section shall be exempt from the re2 quirements of section 553 of title 5, Un…
449/1547
450 1 tity responsible for coverage of covered out2 patient drugs dispensed to individuals enrol…
450/1547
451 1 pharmacy or provider that dispenses 2 the drug; and 3 ‘‘(III) is made in a manner that …
451/1547
452 1 ment that would have been made 2 by the entity or the PBM for the 3 ingredient cost of …
452/1547
453 1 the Secretary upon request in a form and 2 manner specified by the Secretary, all costs …
453/1547
454 1 such as direct and indirect remuneration 2 fees or assessments, as defined by the Sec3 r…
454/1547
455 1 ‘‘(v) Covered entities described in sub2 paragraph (N) of such section. 3 ‘‘(vi) Covered…
455/1547
456 1 macies and providers for a covered outpatient drug 2 or the net cost of the drug) or grou…
456/1547
457 1 other specified entity (as defined in paragraph 2 (9)(D)(iii)) unless such services are p…
457/1547
458 1 retary of Health and Human Services under section 2 1927(e) of the Social Security Act (4…
458/1547
459 1 (iv) by striking ‘‘December 31, 2024’’ 2 and inserting ‘‘December 31, 2025’’; 3 (B) in …
459/1547
460 1 (ii) by striking ‘‘fiscal year 2025’’ and 2 inserting ‘‘fiscal year 2026’’; 3 (iii) by …
460/1547
461 1 (1) in clause (i), by striking ‘‘January 1, 2025’’ 2 and inserting ‘‘January 1, 2026’’; a…
461/1547
462 1 (A) by striking ‘‘through 2024’’ and insert2 ing ‘‘through 2025’’; 3 (B) by striking ‘‘f…
462/1547
463 1 (B) by inserting ‘‘, or, with respect to 2 2027, 3.53 percent’’ after ‘‘1.88 percent’’; …
463/1547
464 1 SEC. 205. TEMPORARY PAYMENT INCREASE UNDER THE 2 MEDICARE PHYSICIAN FEE SCHEDULE TO AC3 …
464/1547
465 1 ing on December 31, 2025’’ after ‘‘December 2 31, 2024’’; and 3 (2) in the third senten…
465/1547
466 1 (b) AREA AGENCIES ON AGING.—Subsection 2 (b)(1)(B) of such section 119 is amended— 3 (1…
466/1547
467 1 ERAL AND STATE PROGRAMS.—Subsection (d)(2) of such 2 section 119 is amended— 3 (1) in c…
467/1547
468 1 (2) in paragraph (4)(C)(iii), by striking ‘‘ending 2 on December 31, 2024’’ and inserting…
468/1547
469 1 (3) by adding at the end the following new sub2 paragraph: 3 ‘‘(C) PAYMENT RULE FOR 2025…
469/1547
470 1 established under section 1833(a)(3), as 2 applicable. 3 ‘‘(iii) REQUIRING MODIFIERS.—N…
470/1547
471 1 Social Security Act (42 U.S.C. 1395m(y)(2)) is 2 amended by striking ‘‘January 1, 2025’’ …
471/1547
472 1 if such individual is located in an area that is sub2 ject to a moratorium on the enrollme…
472/1547
473 1 ‘‘(i) by a physician or practitioner 2 that contracts with an entity that owns 3 such v…
473/1547
474 1 retary) to indicate that such encounter was conducted via 2 telehealth’’ after ‘‘as deter…
474/1547
475 1 (C) in paragraph (3)(E), by adding at the 2 end the following new flush sentence: 3 ‘‘T…
475/1547
476 1 Hospital Care at Home initiative to determine 2 which individuals may be furnished servic…
476/1547
477 1 settings (including the timing, frequency, 2 and causes of such transfers and dis3 charg…
477/1547
478 1 ‘‘(v) socioeconomic information on in2 dividuals treated in comparable inpatient 3 setti…
478/1547
479 1 shall post on a website of the Centers for Medicare 2 & Medicaid Services a report on the…
479/1547
480 1 such term is used for purposes of such section) 2 if the Secretary determines that, witho…
480/1547
481 1 manner as such provision applies to items for which 2 payment may be made under such subs…
481/1547
482 1 of the Social Security Act (42 U.S.C. 1395j et 2 seq.); 3 (C) whether an order for such…
482/1547
483 1 (4) such other information as the Inspector 2 General determines appropriate. 3 SEC. 21…
483/1547
484 1 (4) Best practices on integrating the use of 2 video platforms that enable multi-person v…
484/1547
485 1 (5) Interpreter or translator professional asso2 ciations. 3 (6) Health and language ser…
485/1547
486 1 (b) PROGRAM INSTRUCTION AUTHORITY.—Notwith2 standing any other provision of law, the Secre…
486/1547
487 1 under the Diabetes Prevention Recognition Pro2 gram; and 3 (B) in the case of online MDP…
487/1547
488 1 Health Program’’ (88 Fed. Reg. 78818 (November 2 16, 2023)) (or a successor regulation). …
488/1547
489 1 Secretary shall, to the extent practicable, seek input from 2 relevant stakeholders to in…
489/1547
490 1 SEC. 218. EXTENSION OF TEMPORARY INCLUSION OF AU2 THORIZED ORAL ANTIVIRAL DRUGS AS COV3 E…
490/1547
491 1 and services to the same extent as executive agencies 2 under the authority of sections 3…
491/1547
492 1 (1) in paragraph (1)(D)(ii), by striking ‘‘that 2 does not exceed $1 for’’ and all that f…
492/1547
493 1 for such a drug for the preceding 2 plan year, increased by the an3 nual percentage incr…
493/1547
494 1 (2) in paragraph (4)(A)(ii), by inserting ‘‘(be2 fore 2027)’’ after ‘‘a subsequent year’’.…
494/1547
495 1 rectory that includes the information de2 scribed in subparagraph (B); 3 ‘‘(ii) not less…
495/1547
496 1 access covered benefits from a provider with 2 which such organization offering such plan…
496/1547
497 1 Social Security Act (42 U.S.C. 1395w–22(d)) is 2 amended— 3 (A) in paragraph (1)(C)— …
497/1547
498 1 not participating in the network of a specified 2 MA plan (as defined in subsection (c)(3…
498/1547
499 1 practicable, by not later than the first day 2 of an annual, coordinated election period …
499/1547
500 1 fered by the organization to annually do the fol2 lowing: 3 ‘‘(i) Conduct an analysis es…
500/1547
501 1 ‘‘(B) DETERMINATION OF ACCURACY 2 SCORE.— 3 ‘‘(i) IN GENERAL.—The Secretary 4 shall sp…
501/1547
502 1 case of a specified MA plan with low enrollment 2 (as defined by the Secretary). 3 ‘‘(D…
502/1547
503 1 available until expended, to carry out the 2 amendments made by this paragraph. 3 (3) G…
503/1547
504 1 (iv) administrative costs to providers 2 and Medicare Advantage organizations; 3 and …
504/1547
505 1 ministrative burden, such as data standardiza2 tion, and best practices to maintain accura…
505/1547
506 1 (A) Best practices for Medicare Advantage 2 organizations on how to work with providers t…
506/1547
507 1 U.S.C. 1395j et seq.) on when to update the Na2 tional Plan and Provider Enumeration Syste…
507/1547
508 1 under section 515 of the Federal Food, Drug, 2 and Cosmetic Act; 3 ‘‘(B) is— 4 ‘‘(i) …
508/1547
509 1 (1) IN GENERAL.—Section 1834 of the Social 2 Security Act (42 U.S.C. 1395m) is amended by…
509/1547
510 1 detection screening test furnished during a year 2 to an individual if— 3 ‘‘(i) such in…
510/1547
511 1 (2) CONFORMING AMENDMENTS.— 2 (A) Section 1833 of the Social Security 3 Act (42 U.S.C. …
511/1547
512 1 in section 1861(nnn))’’ after ‘‘(as de2 scribed in section 1861(ddd)(1))’’. 3 (c) RULE O…
512/1547
513 1 the first calendar quarter beginning on or after the date 2 that is 1 year after the date…
513/1547
514 1 ‘‘(B) at infusion rates that the Secretary 2 determines would require the use of an exter…
514/1547
515 1 ‘‘(I) IN GENERAL.—Notwith2 standing any other provision of law, 3 for plan years beginni…
515/1547
516 1 tices, whether pharmacy reimburse2 ment and dispensing fees paid by 3 PDP sponsors to ne…
516/1547
517 1 (b) ESSENTIAL RETAIL PHARMACIES.—Section 2 1860D–42 of the Social Security Act (42 U.S.C.…
517/1547
518 1 to the dispensing of covered part D drugs, in2 cluding a comparison of such trends between…
518/1547
519 1 ‘‘(F) a comparison of the volume of cov2 ered part D drugs dispensed by essential retail …
519/1547
520 1 pharmacy’ means, with respect to a plan year, a re2 tail pharmacy that— 3 ‘‘(A) is not a…
520/1547
521 1 Services, a list of pharmacies that meet the cri2 teria described in subparagraphs (A) and…
521/1547
522 1 insofar as any such payments or fees are not 2 otherwise reported, at a time, and in a fo…
522/1547
523 1 ‘‘(i) ALLEGATION SUBMISSION PROC2 ESS.— 3 ‘‘(I) IN GENERAL.—Not later 4 than January 1…
523/1547
524 1 ‘‘(bb) ALLEGATIONS RELAT2 ING TO CONTRACT MODIFICA3 TIONS.—In the case where a con4 trac…
524/1547
525 1 and in a form and manner, speci2 fied by the Secretary; and 3 ‘‘(bb) shall not prohibit …
525/1547
526 1 under this clause on a routine basis, 2 the Secretary may temporarily pro3 hibit such ph…
526/1547
527 1 ‘‘(aa) retaliate against a 2 pharmacy for submitting any al3 legations under this clause…
527/1547
528 1 sions of section 1128A (other than 2 subsections (a) and (b)) shall apply to 3 a civil …
528/1547
529 1 paragraphs (A) through (K)’’ and inserting 2 ‘‘subparagraphs (A) through (L)’’. 3 (d) A…
529/1547
530 1 (2) MA–PD PLANS.—Section 1857(f)(3) of the 2 Social Security Act (42 U.S.C. 1395w–27(f)(3…
530/1547
531 1 ‘‘(A) identifiable information about individ2 uals or entities unless such information is …
531/1547
532 1 provide that any pharmacy benefit manager acting 2 on behalf of such sponsor has a writte…
532/1547
533 1 definition of such term under paragraph 2 (7)(B)) if such payment is a flat dollar 3 am…
533/1547
534 1 lated to direct and indirect remuneration 2 for manufacturer rebates under this part, 3…
534/1547
535 1 priate by the Secretary. The Secretary, in 2 consultation with the Office of the Inspec3…
535/1547
536 1 the Secretary, that the pharmacy ben2 efit manager has entered into a writ3 ten agreement…
536/1547
537 1 title 42, Code of Federal Regulations, 2 or a successor regulation; 3 ‘‘(III) ‘specialt…
537/1547
538 1 able to such sponsor at no cost to such 2 sponsor in a format specified by the Sec3 reta…
538/1547
539 1 channel through which the drug 2 was dispensed, including retail, 3 mail order, special…
539/1547
540 1 ‘‘(gg) total rebates paid by 2 the manufacturer on the drug as 3 reported under the Det…
540/1547
541 1 fide service fees, attributable to 2 the drug and retained by the 3 pharmacy benefit ma…
541/1547
542 1 that are included in the phar2 macy network of such plan. 3 ‘‘(cc) The interquartile 4…
542/1547
543 1 or other entity that acquires pre2 scription drugs, that initially ac3 quires the drug an…
543/1547
544 1 ‘‘(aa) A list of currently 2 marketed generic drugs approved 3 under section 505(j) of …
544/1547
545 1 day supply of each of the generic 2 drugs described in item (aa), had 3 the plan provid…
545/1547
546 1 Service Act pursuant to an appli2 cation that refers to such ref3 erence product that are…
546/1547
547 1 had the plan provided coverage 2 for such products on the same 3 formulary tier as the …
547/1547
548 1 that plan, inclusive of bona fide serv2 ice fees. 3 ‘‘(VII) The total spending on cov4 …
548/1547
549 1 ‘‘(bb) The amount of com2 pensation provided by such phar3 macy benefit manager or affili…
549/1547
550 1 such pharmacy benefit manager or an 2 affiliate of such pharmacy benefit 3 manager and …
550/1547
551 1 the contract or agreement and 2 the manufacturers of such drugs, 3 and a high-level des…
551/1547
552 1 ‘‘(i) IN GENERAL.—Not less than once 2 a year, at the request of the PDP sponsor, 3 the…
552/1547
553 1 clause (iii) and other information, data, 2 and records relevant to the audit to such 3…
553/1547
554 1 such pharmacy benefit manager, that such 2 pharmacy benefit manager or affiliate re3 imb…
554/1547
555 1 basis, alleged violations of paragraph (1)(A) or 2 subparagraph (C). 3 ‘‘(C) ANTI-RETAL…
555/1547
556 1 ‘‘(A) prohibiting flat dispensing fees or re2 imbursement or payment for ingredient costs …
556/1547
557 1 or a pharmacy under this subsection that is not 2 otherwise publicly available or availab…
557/1547
558 1 (section 406 of title 5, United States 2 Code), and other applicable statutes. 3 ‘‘(B) …
558/1547
559 1 ‘‘(i) owns or is owned by, controls or 2 is controlled by, or is otherwise related in 3…
559/1547
560 1 ‘‘(i) drug price, such as wholesale ac2 quisition cost or drug benchmark price 3 (such a…
560/1547
561 1 essing of drug prior authorization requests, the 2 adjudication of appeals or grievances …
561/1547
562 1 Centers for Medicare & Medicaid Services Pro2 gram Management Account, out of any money …
562/1547
563 1 perts, to the extent available, with respect to the fol2 lowing: 3 (A) The type, magnitu…
563/1547
564 1 PD plans regarding pharmacy bene2 fits; or 3 (II) review PDP sponsor and 4 Medicare Ad…
564/1547
565 1 scription drug price-related compensation struc2 tures, such as the potential for fees or …
565/1547
566 1 (G) Other issues determined to be relevant 2 and appropriate by the Comptroller General. …
566/1547
567 1 and other figures for the types of informa2 tion submitted; 3 (ii) an analysis of any di…
567/1547
568 1 SEC. 228. REQUIRING A SEPARATE IDENTIFICATION NUM2 BER AND AN ATTESTATION FOR EACH OFF3 C…
568/1547
569 1 status attestation that such department is 2 compliant with the requirements described …
569/1547
570 1 ‘‘(C) OFF-CAMPUS OUTPATIENT DEPART2 MENT OF A PROVIDER DEFINED.—For purposes 3 of this p…
570/1547
571 1 SEC. 229. MEDICARE SEQUESTRATION. 2 Section 251A(6) of the Balanced Budget and Emer3 gen…
571/1547
572 1 SEC. 230. MEDICARE IMPROVEMENT FUND. 2 Section 1898(b)(1) of the Social Security Act (42 …
572/1547
573 1 SEC. 312. REAUTHORIZATION OF CHILD WELFARE PRO2 GRAMS. 3 (a) REAUTHORIZATION OF SUBPART …
573/1547
574 1 ing ‘‘2017 through 2023’’ and inserting ‘‘2025 through 2 2029’’. 3 (c) PROGRAM IMPROVEM…
574/1547
575 1 participant consent, including hearings and 2 legal representation; 3 ‘‘(B) the develop…
575/1547
576 1 preliminary information on best practices not later 2 than October 1, 2025. 3 ‘‘(3) ADD…
576/1547
577 1 (B) by striking ‘‘2017 through 2023’’ and 2 inserting ‘‘2025 through 2029’’; and 3 (2) …
577/1547
578 1 (1) IN GENERAL.—Section 437(f)(1) (42 U.S.C. 2 629g(f)(1)) is amended by inserting ‘‘, an…
578/1547
579 1 (2) by striking the period at the end of para2 graph (5) and inserting ‘‘; and’’; and 3 …
579/1547
580 1 ‘‘(iii) The Administrator of the Na2 tional Institute on Drug Abuse.’’. 3 (h) REPORTS TO…
580/1547
581 1 (j) ADDITION OF JUVENILE COURT AS REQUIRED 2 PARTNER.—Section 437(f)(2)(A) (42 U.S.C. 3 …
581/1547
582 1 (2) Section 437(f)(2) (42 U.S.C. 629g(f)(2)) is 2 amended by striking subparagraph (B) an…
582/1547
583 1 ‘‘(10) FAMILY RESOURCE CENTER.— 2 ‘‘(A) IN GENERAL.—The term ‘family re3 source center’ …
583/1547
584 1 sistent with the overall purpose of the cat2 egory.’’. 3 (c) UPDATING STATE PLAN REQUIRE…
584/1547
585 1 ‘‘(ii) any individual who is a parent or 2 guardian, or has legal custody, of the 3 chi…
585/1547
586 1 section 440 as section 443 and inserting before such 2 section the following: 3 ‘‘SEC. …
586/1547
587 1 ‘‘(b) LIMITATION ON APPLICABILITY.—Subsection 2 (a) of this section shall not apply to an…
587/1547
588 1 (B) notify each recipient of funds under 2 part B of title IV of the Social Security Act …
588/1547
589 1 (A) IN GENERAL.—Section 428 (42 U.S.C. 2 628) is amended by striking subsections (a) and …
589/1547
590 1 cluding how the State will ensure timely notice 2 to Indian tribes of State custody proce…
590/1547
591 1 ‘‘(2) Timely tribal notice of State child custody 2 proceedings involving an Indian child…
591/1547
592 1 be necessary to facilitate informing States and public child 2 welfare agencies on how to…
592/1547
593 1 the affected Indian tribes, modify any reporting require2 ment imposed by or under this pa…
593/1547
594 1 (A) by striking ‘‘section 433(a)’’ the 1st 2 place it appears and inserting ‘‘sections 43…
594/1547
595 1 ‘‘(A) services and programs described in 2 section 471(e); or 3 ‘‘(B) kinship navigator…
595/1547
596 1 part E, or an agency administering 2 the plan under the supervision of the 3 State agen…
596/1547
597 1 pursuant to clause (i) of this subpara2 graph. 3 ‘‘(iii) A certification from the appli…
597/1547
598 1 ‘‘(B) Maximizing the number of evidence2 based services or programs to be included in the …
598/1547
599 1 (A) in approving an application under this sub2 section submitted by the eligible entity. …
599/1547
600 1 to the clearinghouse of practices described 2 in section 476(d)(2). 3 ‘‘(B) BY THE SECR…
600/1547
601 1 ‘‘(A) LIMITATIONS.—Of the amounts avail2 able to carry out this subsection, the Secretary …
601/1547
602 1 program pursuant to paragraph (2) that is not 2 provided by the entity. 3 ‘‘(C) SERVICE…
602/1547
603 1 ‘‘(1) IN GENERAL.—The Secretary shall ap2 prove a plan that meets the requirements of sub…
603/1547
604 1 ‘‘(B) the State has made publicly acces2 sible on a website of the State agency a report …
604/1547
605 1 (D) by striking the period at the end of 2 subparagraph (F) and inserting ‘‘ ; and’’; and…
605/1547
606 1 (3) in paragraph (7)(A), by inserting ‘‘with kin2 ship caregivers or’’ before ‘‘in a foste…
606/1547
607 1 (III) by adding at the end the 2 following: 3 ‘‘(v) connections to individualized as4 …
607/1547
608 1 ‘‘(3) a description of how the entity will directly 2 fund, or provide data to the Secret…
608/1547
609 1 (D) by striking subsection (d) and insert2 ing the following: 3 ‘‘(d) FEDERAL SHARE.—An …
609/1547
610 1 SEC. 320. AVOIDING NEGLECT BY ADDRESSING POVERTY. 2 (a) FAMILY PRESERVATION SERVICES.—Sec…
610/1547
611 1 and consistent with the overall purpose of the 2 category.’’. 3 (b) STATE PLAN REQUIREM…
611/1547
612 1 (b) MINIMUM GRANT AMOUNT.—Section 433(e) (42 2 U.S.C. 629c(e)) is amended by striking par…
612/1547
613 1 ‘‘(3) OTHER STATES.—From the amount re2 served pursuant to section 436(b)(4)(A) for any fi…
613/1547
614 1 foster care under the responsibility of the 2 State, with an emphasis on— 3 ‘‘(I) reduc…
614/1547
615 1 (d) ELIMINATION OF COST-SHARE PENALTY TIED TO 2 MONTHLY CASEWORKER VISIT STANDARD.—Section…
615/1547
616 1 ‘‘(3) 1-YEAR PLANNING GRANTS.—The Sec2 retary may make a planning grant to a recipient of …
616/1547
617 1 clude any entity with experience in serving incarcer2 ated parents and their children. 3…
617/1547
618 1 ‘‘(3) A framework for identifying— 2 ‘‘(A) each covered foster child eligible for 3 ser…
618/1547
619 1 correctional facilities to promote meaningful rela2 tionships through regular and developm…
619/1547
620 1 ‘‘(B) For correctional facilities, fostering 2 visitation and communication that is devel…
620/1547
621 1 ‘‘(iv) security procedures to comfort 2 children and be minimally invasive; and 3 ‘‘(v)…
621/1547
622 1 tion and visitation for the covered foster 2 child, which may include the purchase of 3…
622/1547
623 1 ‘‘(5) LEGAL ASSISTANCE.—Grantees shall facili2 tate access to necessary legal services and…
623/1547
624 1 ‘‘(2) EVALUATIONS.—The Secretary shall con2 duct an evaluation of program outcomes, includ…
624/1547
625 1 ‘‘(I) interim results of the evalua2 tion described in paragraph (2); 3 ‘‘(II) disaggreg…
625/1547
626 1 ‘‘(g) AUTHORITY OF SECRETARY WITH RESPECT TO 2 INDIAN TRIBES AND TRIBAL ORGANIZATIONS.— …
626/1547
627 1 (b) CONFORMING AMENDMENTS.— 2 (1) Section 431(a)(2)(B)(vii) (42 U.S.C. 3 629a(a)(2)(B)(…
627/1547
628 1 issue and disseminate, or update and revise, as applicable, 2 guidance to State agencies …
628/1547
629 1 ‘‘(c) EVALUATION, RESEARCH, AND TECHNICAL AS2 SISTANCE WITH RESPECT TO TARGETED PROGRAM RE…
629/1547
630 1 redesignating paragraphs (2) through (5) as para2 graphs (1) through (4), respectively. …
630/1547
631 1 SEC. 325. REPORT ON POST ADOPTION AND SUBSIDIZED 2 GUARDIANSHIP SERVICES. 3 (a) IN GENE…
631/1547
632 1 ilies that adopted children from foster care and the 2 extent to which the services are e…
632/1547
633 1 is deemed to be a separate regular session of the State 2 legislature. 3 (c) APPLICATIO…
633/1547
634 1 SEC. 332. IMPROVING THE EFFECTIVENESS OF TRIBAL 2 CHILD SUPPORT ENFORCEMENT AGENCIES. 3…
634/1547
635 1 (C) Section 6103(l) of such Code is 2 amended— 3 (i) in paragraph (6)— 4 (I) by strik…
635/1547
636 1 Security Act which has been approved by 2 the Secretary of Health and Human Serv3 ices u…
636/1547
637 1 established or enforced may be dis2 closed by such agency to any agent of 3 such agency …
637/1547
638 1 obligations are sought to be established or 2 enforced may be disclosed by such agency …
638/1547
639 1 (18), (19), or (20) or any entity’’ each 2 place it appears in the matter following 3 s…
639/1547
640 1 (1) in the subsection heading, by striking 2 ‘‘STATE’’; and 3 (2) by striking ‘‘and Sta…
640/1547
641 1 (iv) by striking ‘‘for fiscal year 2024 2 or 2025’’ and inserting ‘‘for fiscal year 3 2…
641/1547
642 1 (i) by striking ‘‘and for the period’’ 2 and inserting ‘‘for the period’’; 3 (ii) by st…
642/1547
643 1 (C) by inserting ‘‘, and for the period be2 ginning on October 1, 2025, and ending on De3…
643/1547
644 1 Affordable Care Act (42 U.S.C. 254b–2(b)(1)) is amend2 ed— 3 (1) in subparagraph (E), by…
644/1547
645 1 ‘‘(J) $4,600,000,000 for fiscal year 2026; 2 and’’. 3 (b) EXTENSION FOR THE NATIONAL HE…
645/1547
646 1 ‘‘(A) $230,000,000, for the period of fiscal 2 years 2011 through 2015; 3 ‘‘(B) $60,000…
646/1547
647 1 shall be subject to the requirements contained in Public 2 Law 117–328 for funds for prog…
647/1547
648 1 (1) in subparagraph (D), by striking ‘‘and’’ at 2 the end; 3 (2) in subparagraph (E), b…
648/1547
649 1 ‘‘(G) $200,000,000 for fiscal year 2026, to 2 remain available until expended.’’. 3 Sub…
649/1547
650 1 ‘‘(bb) the total number of 2 individuals so enrolled on July 1 3 of the fiscal year pri…
650/1547
651 1 (2) INCLUSIONS.—The report required under 2 paragraph (1) shall include— 3 (A) a projec…
651/1547
652 1 (D) any recommendations of the Secretary 2 to make changes to the formula under such sec…
652/1547
653 1 Subtitle A—Prevention 2 SEC. 511. PRENATAL AND POSTNATAL HEALTH. 3 Section 317L(d) of t…
653/1547
654 1 (2) in subsection (b)(2)— 2 (A) in subparagraph (B), by inserting ‘‘, 3 and associated …
654/1547
655 1 overdoses, and associated risk factors, including 2 changes in patterns of such controlle…
655/1547
656 1 ‘‘PART O—FETAL ALCOHOL SYNDROME 2 PREVENTION AND SERVICES PROGRAM 3 ‘‘SEC. 399H. FETAL …
656/1547
657 1 ‘‘(D) strategies to coordinate information 2 and services across affected community agen…
657/1547
658 1 ‘‘(B) developing and expanding screening 2 and diagnostic capacity for FASD; 3 ‘‘(C) de…
658/1547
659 1 provide technical assistance to eligible entities to 2 carry out subsection (a). 3 ‘‘(2…
659/1547
660 1 ‘‘(B) a description of an advisory com2 mittee the entity will establish to provide guid3…
660/1547
661 1 prevent the occurrence of FASD by carrying out the pro2 grams described in subsection (b).…
661/1547
662 1 ty shall submit to the Secretary an application at such 2 time, in such manner, and conta…
662/1547
663 1 cation and awareness of fetal alcohol spectrum dis2 orders (referred to in this section as…
663/1547
664 1 (1) in subsection (a), by striking ‘‘tribes and 2 tribal’’ and inserting ‘‘Tribes and Tri…
664/1547
665 1 SEC. 517. DONALD J. COHEN NATIONAL CHILD TRAUMATIC 2 STRESS INITIATIVE. 3 (a) TECHNICAL…
665/1547
666 1 ‘‘(1) COORDINATING CENTER.—The NCTSI’’; 2 and 3 (B) by adding at the end the following:…
666/1547
667 1 (6) by amending subsection (h) to read as fol2 lows: 3 ‘‘(h) APPLICATION AND EVALUATION.…
667/1547
668 1 ‘‘(3) $97,000,000 for fiscal year 2027; 2 ‘‘(4) $100,000,000 for fiscal year 2028; and …
668/1547
669 1 ‘‘(A) IN GENERAL.—The program’s net2 work administrator receiving Federal funding 3 purs…
669/1547
670 1 ‘‘(ii) any identified cybersecurity inci2 dents to the program within a reasonable 3 amo…
670/1547
671 1 each crisis center employs in the provision 2 of services as a participant in the program…
671/1547
672 1 SEC. 519. BRUCE’S LAW. 2 (a) YOUTH PREVENTION AND RECOVERY.—Section 3 7102(c) of the SU…
672/1547
673 1 group shall be composed of members of the Com2 mittee (or the designees of such members) a…
673/1547
674 1 ‘‘(i) examine Federal efforts to reduce 2 and prevent drug overdose by fentanyl-con3 tam…
674/1547
675 1 tives, a report on the activities carried out by 2 the Work Group under subparagraph (C),…
675/1547
676 1 (2) recommended information to include as in2 structions for use to disseminate with at-ho…
676/1547
677 1 (1) an update on the actions taken by the FDA 2 to consider the effectiveness, safety, be…
677/1547
678 1 consideration of the public health effects) of such opioid 2 analgesic drugs. 3 SEC. 52…
678/1547
679 1 such applicant will target outreach to women 2 disproportionately impacted by maternal su…
679/1547
680 1 each of fiscal years 2019 through 2023’’ and inserting 2 ‘‘$40,000,000 for each of fiscal…
680/1547
681 1 mental disability service providers’’ before ‘‘, individ2 uals who are’’; and 3 (3) in s…
681/1547
682 1 (referred to in this section as the ‘‘block grant program’’) 2 for first episode psychosi…
682/1547
683 1 mental illness and children with serious emo2 tional disturbance. 3 (2) GUIDANCE.—Not la…
683/1547
684 1 (2) if appropriate, request that the Attorney 2 General initiate rulemaking proceedings t…
684/1547
685 1 ‘‘(A) professional development of peer sup2 port specialists; and 3 ‘‘(B) making recover…
685/1547
686 1 ‘‘(A) a description of the distinct roles and 2 responsibilities of the Regional Center a…
686/1547
687 1 (1) in subsection (d)(2)— 2 (A) in the matter preceding subparagraph 3 (A), by striking…
687/1547
688 1 lated to the status of such referrals or contractual 2 arrangements, including an assessm…
688/1547
689 1 ‘‘(E) INDIAN TRIBE; TRIBAL ORGANIZA2 TION.—The terms ‘Indian Tribe’ and ‘Tribal 3 organi…
689/1547
690 1 (B) in subparagraph (A), by striking ‘‘and 2 abuse’’; and 3 (C) in subparagraph (B), by…
690/1547
691 1 ‘‘(D) $14,000,000 for fiscal year 2028; 2 and 3 ‘‘(E) $15,000,000 for fiscal year 2029.…
691/1547
692 1 cluding, if necessary, provisional data for cal2 endar year 2022. 3 ‘‘(B) The highest av…
692/1547
693 1 ‘‘(2) TRANSPORTATION SERVICES.—An entity 2 receiving a grant under this section may use n…
693/1547
694 1 (A) in paragraph (1), by inserting ‘‘for 2 grants awarded prior to the date of enactment …
694/1547
695 1 (A) by striking the section heading and in2 serting ‘‘CAREER ACT; RECOVERY HOUSING 3 PILO…
695/1547
696 1 (bb) by inserting ‘‘for cal2 endar years 2018 through 2022’’ 3 after ‘‘participation rat…
696/1547
697 1 (1) by striking the item relating to section 7183 2 and inserting the following: ‘‘Sec.…
697/1547
698 1 ‘‘(A) by injection or implantation for the 2 purpose of maintenance or detoxification tre…
698/1547
699 1 (i) in the matter preceding paragraph 2 (1), by striking ‘‘303(g)’’ and inserting 3 ‘‘3…
699/1547
700 1 (v) in the matter being stricken by 2 paragraph (5), by striking ‘‘303(g)’’ and 3 inser…
700/1547
701 1 Medical Association, the Acad2 emy of General Dentistry, the 3 American Optometric Assoc…
701/1547
702 1 dental or podiatric medicine cur2 riculum’’; and 3 (B) in subparagraph (B)— 4 (i) in c…
702/1547
703 1 (b) EFFECTIVE DATE.—The amendment made by 2 subsection (a) shall take effect as if enacte…
703/1547
704 1 ignee’’ and inserting ‘‘Tribal organization or the des2 ignee of the Governor or Tribal or…
704/1547
705 1 (B) in subparagraph (A), by inserting ‘‘, 2 including requests from State or Tribal healt…
705/1547
706 1 threats’’ before the period at the end of the 2 first sentence; 3 (B) in paragraph (2)—…
706/1547
707 1 (iv) in subparagraph (B), by striking 2 ‘‘pandemic influenza’’ and inserting ‘‘a 3 path…
707/1547
708 1 SEC. 613. HOSPITAL PREPAREDNESS PROGRAM. 2 (a) INCREASING PARTICIPATION BY EMS IN THE 3 …
708/1547
709 1 (iii) by striking the period and insert2 ing ‘‘; and’’; and 3 (iv) by adding at the end …
709/1547
710 1 ‘‘(C) designate a lead entity to administer such 2 award and support coordination between…
710/1547
711 1 SEC. 614. FACILITIES AND CAPACITIES OF THE CENTERS 2 FOR DISEASE CONTROL AND PREVENTION T…
711/1547
712 1 (B) by redesignating subparagraph (H) as 2 subparagraph (I); 3 (C) by inserting after s…
712/1547
713 1 fiscal year 2025, and $3,265,000,000 for fiscal year 2 2026’’. 3 (b) GAO REPORT.—Sectio…
713/1547
714 1 grants, contracts, or cooperative agreements to eligible en2 tities to establish, maintain…
714/1547
715 1 ‘‘(D) a plan to sustain such wastewater 2 surveillance activities described in such appli…
715/1547
716 1 ‘‘(1) establish or enhance existing capacity and 2 capabilities to conduct wastewater sam…
716/1547
717 1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To 2 carry out this section, there is authorized t…
717/1547
718 1 SEC. 617. REAUTHORIZATION OF MOSQUITO ABATEMENT 2 FOR SAFETY AND HEALTH PROGRAM. 3 Sect…
718/1547
719 1 (4) in subsection (f)(1), by striking ‘‘2019 2 through 2023’’ and inserting ‘‘2025 and 20…
719/1547
720 1 curement, and replenishment decisions of the 2 Secretary.’’; 3 (B) in paragraph (4)— …
720/1547
721 1 ‘‘(iv) that include, as appropriate, par2 ticipation by relevant industry, academia, 3 p…
721/1547
722 1 nents, testing kits, reagents, and other 2 testing supplies)’’ after ‘‘supply needs’’; …
722/1547
723 1 and submit to the Committee on Health, Education, 2 Labor, and Pensions of the Senate and…
723/1547
724 1 ing such agents that are an emerging infectious 2 disease’’ after ‘‘become a pandemic’’; …
724/1547
725 1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘and blood banks’’ 3 after…
725/1547
726 1 (F) by inserting after paragraph (8) the 2 following: 3 ‘‘(9) OTHER SETTINGS.—Supportin…
726/1547
727 1 encouraging health care facilities to use recognized 2 security practices meeting or exce…
727/1547
728 1 ‘‘(b) PURPOSES.—The purpose of the plan under sub2 section (a) shall be to— 3 ‘‘(1) faci…
728/1547
729 1 ‘‘(ii) point-of-care diagnostics; and 2 ‘‘(iii) rapid at-home diagnostics; 3 ‘‘(B) impr…
729/1547
730 1 dian Tribes and Tribal organizations, and other relevant 2 public and private entities. …
730/1547
731 1 in subsection (b) and relevant public and 2 private entities’’; and 3 (ii) by inserting…
731/1547
732 1 (D) by redesignating paragraph (4) as 2 paragraph (5); 3 (E) by inserting after paragra…
732/1547
733 1 ‘‘(b) ADVISORY COUNCIL.— 2 ‘‘(1) IN GENERAL.—The Secretary may con3 tinue the Presidenti…
733/1547
734 1 ‘‘(B) COORDINATION.—The Advisory 2 Council shall, to the greatest extent practicable, 3…
734/1547
735 1 eliminated, including with respect to the task 2 force established under subsection (a).’…
735/1547
736 1 toward mitigation of such risks.’’ after the 2 first sentence; and 3 (ii) in subparagra…
736/1547
737 1 inserting ‘‘with respect to such stockpile 2 are followed, regularly reviewed, and up3 d…
737/1547
738 1 ‘‘(M) communicate to relevant vendors re2 garding modifications, renewals, extensions, or …
738/1547
739 1 ‘‘(I) planning for potential coun2 termeasure deployment, distribution, 3 or dispensing …
739/1547
740 1 2022 and 2023’’ and inserting ‘‘$1,100,000,000 for 2 fiscal year 2025, and $1,210,000,000…
740/1547
741 1 ment and manufacture of such medical 2 countermeasures; and’’; and 3 (ii) in subparagra…
741/1547
742 1 ‘‘(D) SUNSET.—This paragraph shall cease 2 to have force or effect after December 31, 3…
742/1547
743 1 (A) in paragraph (1)— 2 (i) by redesignating subparagraph (D) 3 as subparagraph (E); an…
743/1547
744 1 SEC. 628. FELLOWSHIP AND TRAINING PROGRAMS. 2 Section 317G of the Public Health Service A…
744/1547
745 1 rapid response to, biological agents, including emerg2 ing infectious diseases; 3 (2) en…
745/1547
746 1 Working Group shall make recommendations to the Sec2 retary in administering awards under …
746/1547
747 1 (g) REPORT TO CONGRESS.—Not later than 1 year 2 after the date of the enactment of this A…
747/1547
748 1 PREVENT Pandemics Act (Public Law 117–328); 2 and 3 (6) activities undertaken by the Se…
748/1547
749 1 determined to be a country of concern as defined in 2 paragraph (2). 3 ‘‘(2) COUNTRIES …
749/1547
750 1 provides such evidence in a report sub2 mitted to the Committee on Health, Edu3 cation, L…
750/1547
751 1 ‘‘(4) SUNSET.—The limitation under this sub2 section shall expire on December 31, 2026.’’.…
751/1547
752 1 (ii) SUBMISSION OF PETITION.—An 2 individual who receives a notification de3 scribed in …
752/1547
753 1 than the applicable deadline for filing a pe2 tition under such section 2116. 3 (B) REQU…
753/1547
754 1 the special master shall, not later than 30 2 days after such determination, notify the …
754/1547
755 1 eral Circuit pursuant to such sub2 section (e) or (f). 3 (iii) ELIGIBILITY.—To be eligib…
755/1547
756 1 individual may be eligible for compensation 2 under this section with respect to a vaccin…
756/1547
757 1 taining the information required under 2 subsection (c)’’ after ‘‘unless a petition’’; …
757/1547
758 1 cine Injury Table, all vaccines in a vaccine category 2 on the Vaccine Injury Table, incl…
758/1547
759 1 (i) by moving the margin 2 ems to the 2 right; and 3 (ii) by striking ‘‘, or’’ and inse…
759/1547
760 1 relating to coronavirus disease 2019, the following 2 shall apply: 3 (A) Notwithstandin…
760/1547
761 1 SEC. 632. SUPPORTING AT-RISK INDIVIDUALS DURING 2 EMERGENCY RESPONSES. 3 (a) TECHNICAL …
761/1547
762 1 spond to, and recover from, such public health 2 emergencies; and 3 (B) assisting appli…
762/1547
763 1 emergency declared by the Governor of a State or by the 2 Secretary under section 319 of …
763/1547
764 1 (b) NATIONAL ADVISORY COMMITTEE ON SENIORS 2 AND DISASTERS.—Section 2811B of the Public He…
764/1547
765 1 priate, shall appoint to the Advisory Committee 2 under paragraph (1) at least 13 individ…
765/1547
766 1 2811C of the Public Health Service Act (42 U.S.C. 2 300hh–10d) is amended— 3 (1) by red…
766/1547
767 1 ‘‘(B) FEDERAL MEMBERS.—The Federal 2 members shall include the following:’’; 3 (iv) by …
767/1547
768 1 paredness, response, or recovery for indi2 viduals with disabilities. 3 ‘‘(iii) At least…
768/1547
769 1 (4) by amending subsection (h), as so redesig2 nated, to read as follows: 3 ‘‘(h) SUNSET…
769/1547
770 1 ment sufficient to achieve such successful drug de2 velopment and related milestones; 3 …
770/1547
771 1 (F) the number of manufacturers that 2 would be seeking approval for a drug or bring3 in…
771/1547
772 1 Subtitle D—Additional 2 Reauthorizations 3 SEC. 641. MEDICAL COUNTERMEASURE PRIORITY RE…
772/1547
773 1 (2) in subsection (e)(2), by striking ‘‘September 2 30, 2023’’ and inserting ‘‘December 3…
773/1547
774 1 SEC. 646. ENSURING COLLABORATION AND COORDINATION 2 IN MEDICAL COUNTERMEASURE DEVELOP3 M…
774/1547
775 1 through 2023’’ and inserting ‘‘2025 through 2026, to re2 main available through December 3…
775/1547
776 1 2019 through 2023’’ and inserting ‘‘fiscal years 2 2025 through 2029’’. 3 (2) TECHNICAL…
776/1547
777 1 (A) not later than 30 days after the date 2 of enactment of this Act, convene a committee…
777/1547
778 1 cation, Labor, and Pensions of the 2 Senate. 3 (2) ASSESSMENT TOPICS.—The topics listed…
778/1547
779 1 for parents in-hospital, in non-hospital set2 tings, and post-discharge. 3 (3) ANALYSIS.…
779/1547
780 1 (A) in subclause (I), by striking ‘‘as appli2 cable’’ and inserting ‘‘if available’’; and …
780/1547
781 1 collaboratives, best practices on how to prevent ma2 ternal mortality and morbidity that c…
781/1547
782 1 (2) in paragraph (2)(D), by striking ‘‘preven2 tion and treatment of sickle cell disease’’…
782/1547
783 1 SEC. 705. TRAUMATIC BRAIN INJURIES. 2 (a) THE BILL PASCRELL, JR., NATIONAL PROGRAM 3 FOR…
783/1547
784 1 (bb) by redesignating clause 2 (ii) as clause (iv); 3 (cc) by inserting after clause …
784/1547
785 1 (A) by amending the section heading to 2 read as follows: ‘‘THE BILL PASCRELL, JR., 3 N…
785/1547
786 1 identify and address concussion’’ before the pe2 riod at the end; and 3 (F) by adding at…
786/1547
787 1 Public Health Service Act (42 U.S.C. 300d–52) is 2 amended— 3 (A) in subsection (b)(2)—…
787/1547
788 1 determines that such matching fund amount would 2 result in an inability of the State or …
788/1547
789 1 ‘‘(I) brain injuries caused by an2 oxia due to trauma; and 3 ‘‘(II) damage to the brain …
789/1547
790 1 (c) REPORT TO CONGRESS.—Not later than 2 years 2 after the date of enactment of this Act,…
790/1547
791 1 (d) STUDY ON LONG-TERM SYMPTOMS OR CONDI2 TIONS RELATED TO TRAUMATIC BRAIN INJURY.— 3 (1…
791/1547
792 1 (2) PUBLIC REPORT.—Not later than 2 years 2 after the date of enactment of this Act, the …
792/1547
793 1 SEC. 707. DR. LORNA BREEN HEALTH CARE PROVIDER PRO2 TECTION. 3 (a) DISSEMINATION OF BEST…
793/1547
794 1 (A) by striking ‘‘to eligible entities in’’ and 2 inserting ‘‘to eligible entities that— …
794/1547
795 1 Program Coordination, Planning, and 2 Strategic Initiatives’’; 3 (iii) by striking ‘‘10…
795/1547
796 1 tutes of Health should continue to oversee and co2 ordinate research that is conducted or …
796/1547
797 1 (2) summarizes advancements made in pediatric 2 research with funds allocated pursuant to…
797/1547
798 1 (II) by striking ‘‘; and’’ and in2 serting a semicolon; 3 (v) by redesignating paragraph…
798/1547
799 1 (A) in subsection (a)— 2 (i) in paragraph (1), by striking 3 ‘‘that, initially’’ and al…
799/1547
800 1 (B) by striking ‘‘Labor and Human Re2 sources’’ and inserting ‘‘Health, Education, 3 Lab…
800/1547
801 1 (2) a summary of trends in the number of indi2 viduals served through such program; and …
801/1547
802 1 Down syndrome and co-occurring conditions and de2 velopment of new interventions; 3 ‘‘(3…
802/1547
803 1 ‘‘(c) COORDINATION; PRIORITIZING NONDUPLICA2 TIVE RESEARCH.—The Director of NIH shall ensu…
803/1547
804 1 Related Agencies of the Committee on Appropria2 tions of the House of Representatives and …
804/1547
805 1 ‘‘SEC. 409L. IMPROVE INITIATIVE. 2 ‘‘(a) IN GENERAL.—The Director of the National In3 st…
805/1547
806 1 ‘‘(3) target health disparities associated with 2 maternal mortality and severe maternal …
806/1547
807 1 (C) in subparagraph (C), by striking 2 ‘‘twenty-four-hour telephone service’’ and in3 se…
807/1547
808 1 part 160 of title 45, Code of Federal Regula2 tions, and subparts A, C, and E of part 164 …
808/1547
809 1 ‘‘(3) DISTRIBUTION.—Any amounts collected 2 under this subsection shall— 3 ‘‘(A) be cre…
809/1547
810 1 ‘‘(5) GAO REVIEW.—Not later than 2 years 2 after the date of enactment of this subsection…
810/1547
811 1 ‘‘(c) NO CONSIDERATION OF INCOME OF ORGAN RE2 CIPIENT.—The recipient of a grant under this…
811/1547
812 1 ‘‘(h) ANNUAL REPORT.—Not later than December 31 2 of each year, beginning in Fiscal Year …
812/1547
813 1 inserting ‘‘section, $25,000,000 for each of fiscal years 2 2025 through 2027.’’. 3 TIT…
813/1547
814 1 ‘‘(i) the drug or biological product for 2 which the application referred to in such 3 …
814/1547
815 1 submitting the application under 2 paragraph (1)(B); and 3 ‘‘(bb) that is directed at a…
815/1547
816 1 ‘‘(II) more than one active ingre2 dient, if an application for the com3 bination of acti…
816/1547
817 1 (2) DETERMINATION OF APPLICABLE REQUIRE2 MENTS.—Section 505B(e)(1) of the Federal Food, …
817/1547
818 1 (A) in paragraph (3)(C), as redesignated 2 by paragraph (1)(A) of this subsection, by 3…
818/1547
819 1 is submitted on or after the date that is 3 years after the 2 date of enactment of this A…
819/1547
820 1 or burdens on, pediatric cancer drug develop2 ment. 3 (B) FINDINGS.—Not later than 10 ye…
820/1547
821 1 under section 303)’’ and inserting ‘‘(except that 2 the drug or biological product shall …
821/1547
822 1 ‘‘(C) after reviewing such written response, 2 determine whether the person demonstrated …
822/1547
823 1 (3) in paragraph (16), by striking the period at 2 the end and inserting ‘‘; and’’; and …
823/1547
824 1 upon the submission of a human drug applica2 tion under section 505(b)(1) or section 351(a…
824/1547
825 1 (i) The indications for each drug or 2 biological product that— 3 (I) is the subject of…
825/1547
826 1 (iv) The value of such priority review 2 voucher if transferred. 3 (v) Identification o…
826/1547
827 1 section 529 of the Federal Food, Drug, 2 and Cosmetic Act (21 U.S.C. 360ff) to at3 tempt…
827/1547
828 1 the House of Representatives and the Committee on 2 Health, Education, Labor, and Pension…
828/1547
829 1 already approved or licensed drug was approved or 2 licensed’’; and 3 (4) by adding at …
829/1547
830 1 ‘‘SEC. 1015. ABRAHAM ACCORDS OFFICE. 2 ‘‘(a) IN GENERAL.—The Secretary, acting through …
830/1547
831 1 oversight of regulated commodities, provide 2 technical assistance to regulatory partners…
831/1547
832 1 ‘‘(e) NATIONAL SECURITY.—Nothing in this section 2 shall be construed to require any acti…
832/1547
833 1 (D) recommendations for increasing and 2 improving coordination between the Food and 3 …
833/1547
834 1 or a health insurance issuer offering group health insur2 ance coverage, or an entity prov…
834/1547
835 1 offered in connection with such a plan and an entity 2 providing pharmacy benefit managem…
835/1547
836 1 ‘‘(A) in the case of a group health plan 2 that is offered by a specified large employer …
836/1547
837 1 each covered drug (identified by the 2 National Drug Code); 3 ‘‘(III) for each such cla…
837/1547
838 1 sale acquisition cost, listed 2 as cost per days supply and 3 cost per dosage unit, on …
838/1547
839 1 ‘‘(DD) days supply of 2 such drug per fill; 3 ‘‘(VII) the net price per course of 4 t…
839/1547
840 1 rebates, fees, alternative discounts, or 2 other remuneration; 3 ‘‘(XI) the total amoun…
840/1547
841 1 ‘‘(ii) a list of each therapeutic class 2 (as defined by the Secretary) for which a 3 c…
841/1547
842 1 ‘‘(bb) that is related to utili2 zation of drugs or drug spending; 3 ‘‘(IV) the average …
842/1547
843 1 including any amounts spent by par2 ticipants and beneficiaries on drugs 3 not covered u…
843/1547
844 1 retary, in consultation with stake2 holders; and 3 ‘‘(III) any change in formulary 4 p…
844/1547
845 1 ‘‘(III) a list of all drugs dis2 pensed by such pharmacies to partici3 pants or beneficia…
845/1547
846 1 ‘‘(cc) the lowest cost per 2 dosage unit, per 30-day supply 3 and per 90-day supply, fo…
846/1547
847 1 Secretary through guidance, program in2 struction, or otherwise (with no require3 ment of…
847/1547
848 1 rulemaking) that the Secretary deter2 mines useful to participants or bene3 ficiaries in …
848/1547
849 1 muneration for such drugs, including 2 copayment assistance dollars paid, co3 payment ca…
849/1547
850 1 ‘‘(III) the retention of the entity 2 by the group health plan or health in3 surance iss…
850/1547
851 1 large plan, such group health plan may, on an an2 nual basis, for plan years beginning on …
851/1547
852 1 regulations’) and shall restrict the use and dis2 closure of such information according to…
852/1547
853 1 the creation, receipt, maintenance, or 2 transmission of protected health informa3 tion …
853/1547
854 1 requirement for entities providing pharmacy 2 benefit management services on behalf of th…
854/1547
855 1 lic disclosure of the information contained in a 2 report described in paragraph (1), exc…
855/1547
856 1 half of group health plans and health insurance 2 issuers offering group health insurance…
856/1547
857 1 ‘‘(d) ENFORCEMENT.— 2 ‘‘(1) IN GENERAL.—The Secretary shall enforce 3 this section. The…
857/1547
858 1 each day during which such violation continues or 2 such information is not disclosed or …
858/1547
859 1 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to permit a healt…
859/1547
860 1 ‘‘(2) APPLICABLE GROUP PURCHASING ORGANI2 ZATION.—The term ‘applicable group purchasing or…
860/1547
861 1 fits, calculated after the application of rebates, fees, 2 alternative discounts, or othe…
861/1547
862 1 by a plan sponsor described in clause (ii) or (iii) of 2 section 3(16)(B) of the Employee…
862/1547
863 1 (iii) in paragraph (2)(C)(ii), by insert2 ing ‘‘(other than section 2799A–11)’’ after 3 …
863/1547
864 1 ‘‘(1) not limit or delay the disclosure of infor2 mation to the group health plan (includi…
864/1547
865 1 less frequently than every 6 months (or, at the re2 quest of a group health plan, not less…
865/1547
866 1 ‘‘(i) a list of drugs for which a claim 2 was filed and, with respect to each such 3 dr…
866/1547
867 1 ‘‘(IV) the proprietary name, es2 tablished name or proper name, and 3 National Drug Code…
867/1547
868 1 ‘‘(BB) in the case of a 2 generic drug, the average 3 wholesale price, listed as 4 co…
868/1547
869 1 alternative discounts, or other remu2 neration received from applicable enti3 ties; 4 ‘…
869/1547
870 1 counts, or other remuneration from 2 such entities— 3 ‘‘(aa) for claims incurred 4 du…
870/1547
871 1 ‘‘(I) the total gross spending on 2 drugs in such class before rebates, 3 price concess…
871/1547
872 1 all drugs within the therapeutic class 2 for which a claim was filed during the 3 repor…
872/1547
873 1 health plan or health insurance coverage 2 exceeded $10,000 during the reporting pe3 rio…
873/1547
874 1 such plan or issuer) has an affiliated phar2 macy or pharmacy under common owner3 ship, i…
874/1547
875 1 plicable) to the plan or issuer, 2 and to participants and bene3 ficiaries; 4 ‘‘(bb) t…
875/1547
876 1 network of such plan or coverage; 2 and 3 ‘‘(dd) the net acquisition 4 cost per dosag…
876/1547
877 1 ficiary, a cost per claim, the fee structure 2 or reimbursement model, and estimated 3 …
877/1547
878 1 ‘‘(III) states that participants 2 and beneficiaries may request specific, 3 claims-lev…
878/1547
879 1 drug manufacturer) to participants 2 and beneficiaries; 3 ‘‘(iv) amounts paid directly …
879/1547
880 1 order, specialty, or retail pharmacies that 2 are affiliated with or under common own3 e…
880/1547
881 1 tion described in paragraph (2)(A), in addition to 2 the information described in paragra…
881/1547
882 1 ices on behalf of a group health plan or 2 health insurance issuer offering group 3 hea…
882/1547
883 1 the Genetic Information Nondiscrimination 2 Act of 2008 (Public Law 110–233) (in3 cludin…
883/1547
884 1 provided to the participant or beneficiary, or 2 providing individual notification. 3 ‘…
884/1547
885 1 ‘‘(ii) prevent disclosure for the pur2 poses of subsection (c), or any other public 3 di…
885/1547
886 1 through rulemaking, promulgate any other final 2 regulations necessary to implement the r…
886/1547
887 1 lated to compliance with subsections (a), (b), or (c) of this 2 section or section 502(c)…
887/1547
888 1 ‘‘(3) CONTRACTED COMPENSATION.—The term 2 ‘contracted compensation’ means the sum of any …
888/1547
889 1 ‘‘(7) REMUNERATION.—The term ‘remunera2 tion’ has the meaning given such term by the Sec3…
889/1547
890 1 given such term in section 1847A(c)(6)(B) of the 2 Social Security Act (42 U.S.C. 1395w– …
890/1547
891 1 half of such a plan or issuer that fails to pro2 vide the information required under secti…
891/1547
892 1 effort to comply with the requirements of sec2 tion 726.’’; and 3 (C) in section 732(a) …
892/1547
893 1 tered into on or after the effective date, with an applicable 2 entity unless such applic…
893/1547
894 1 under this subsection), shall submit to the group 2 health plan a report in accordance wi…
894/1547
895 1 viding pharmacy benefit management 2 services or other applicable entity on 3 behalf of…
895/1547
896 1 ‘‘(VI) with respect to each drug 2 dispensed, for each type of dispensing 3 channel (in…
896/1547
897 1 ‘‘(BB) participants and 2 beneficiaries for whom a 3 claim for such drug was 4 filed …
897/1547
898 1 which no claim is submitted under the 2 plan; 3 ‘‘(IX) the total net spending on 4 th…
898/1547
899 1 payment cards applied, or other dis2 counts provided by each drug manu3 facturer (or enti…
899/1547
900 1 tities, in rebates, fees, alternative dis2 counts, or other remuneration from 3 such ent…
900/1547
901 1 ‘‘(VII) the total out-of-pocket 2 spending under the plan by partici3 pants and benefici…
901/1547
902 1 class, selected from a list of standard 2 rationales established by the Sec3 retary, in …
902/1547
903 1 macies to participants or beneficiaries 2 in such plan; and 3 ‘‘(III) a list of all dru…
903/1547
904 1 ‘‘(cc) the lowest cost per 2 dosage unit, per 30-day supply 3 and per 90-day supply, fo…
904/1547
905 1 that the Secretary determines useful to 2 group health plans for purposes of select3 ing…
905/1547
906 1 ‘‘(III) states that participants 2 and beneficiaries may request specific, 3 claims-lev…
906/1547
907 1 ‘‘(iv) amounts paid directly or indi2 rectly in rebates, fees, or any other type of 3 co…
907/1547
908 1 ty providing pharmacy benefit management 2 services under such plan, including manda3 to…
908/1547
909 1 ‘‘(A) IN GENERAL.—An entity providing 2 pharmacy benefit management services on be3 half…
909/1547
910 1 tion 164.504(a) of title 45, Code of Fed2 eral Regulations (or successor regulations). 3…
910/1547
911 1 U.S.C. 794), section 1557 of the Patient 2 Protection and Affordable Care Act (42 3 U.S…
911/1547
912 1 lations) or as permitted by the HIPAA privacy 2 regulations. 3 ‘‘(F) CLARIFICATION REGA…
912/1547
913 1 supply chain, in order to prevent anti-competi2 tive behavior. 3 ‘‘(5) STANDARD FORMAT A…
913/1547
914 1 ‘‘(1) the summary document described in sub2 section (b)(2)(B)(ii); and 3 ‘‘(2) the info…
914/1547
915 1 benefit management services on behalf of such 2 a plan or issuer, or any entity described…
915/1547
916 1 ‘‘(5) NET SPENDING.—The term ‘net spending’, 2 with respect to prescription drug benefits…
916/1547
917 1 lished or maintained by a plan sponsor described in 2 clause (ii) or (iii) of section 3(1…
917/1547
918 1 to such group health plan (and the reference in subsection 2 (e)(1) to the employer) shal…
918/1547
919 1 ‘‘(II) Pursuant to subsection (a), subpara2 graphs (C) and (D) of section 406(a)(1) shall …
919/1547
920 1 ‘‘(C)(i)(I) For plan years beginning on or after 2 the date that is 30 months after the d…
920/1547
921 1 ble entity unless 100 percent of rebates, fees, 2 alternative discounts, and other remune…
921/1547
922 1 90 days after the end of each quarter; 2 or 3 ‘‘(BB) in the case of an under4 payment …
922/1547
923 1 ‘‘(III) the records of such rebates, fees, al2 ternative discounts, and other remuneration…
923/1547
924 1 such contracts or use of such information in audits 2 for purposes unrelated to this sect…
924/1547
925 1 rebates, fees, alternative discounts, and other 2 remuneration to the participant or bene…
925/1547
926 1 (b) RULE OF CONSTRUCTION.—Subclause (II)(aa) of 2 section 408(b)(2)(B)(viii) of the Emplo…
926/1547
927 1 (I) by striking ‘‘Consulting,’’ and 2 inserting ‘‘Other services,’’; and 3 (II) by stri…
927/1547
928 1 (B) SENSE OF CONGRESS.—It is the sense 2 of Congress that the amendment made by sub3 par…
928/1547
929 1 406(a)(1)(C) with respect to a transaction 2 described under this subparagraph or sub3 p…
929/1547
930 1 (C) TECHNICAL AMENDMENT.—Section 2 408(b)(2)(B)(ii)(I)(aa) of the Employee Retire3 ment …
930/1547
931 1 during the review of an abbreviated application under this 2 subsection for such drug. …
931/1547
932 1 ‘‘(iv) If the Secretary makes a written determination 2 described in clause (iii)(II), th…
932/1547
933 1 metic Act, as added by subsection (a)), including 2 with respect to assessing pH adjuster…
933/1547
934 1 method of using the biological product, or a method 2 or product used to manufacture the …
934/1547
935 1 product used in the manufacture of such biological 2 product. 3 ‘‘(ii) Patents that are…
935/1547
936 1 that would enable the reference product sponsor 2 to form a reasonable belief with respec…
936/1547
937 1 ‘‘(D) In determining whether good cause has been 2 shown for the purposes of subparagraph…
937/1547
938 1 Act (42 U.S.C. 262(k)) on or after the date of enactment 2 of this Act. 3 TITLE X—MISCE…
938/1547
939 1 (b) FEHBP.—Section 8906 of title 5, United States 2 Code, is amended by adding at the end…
939/1547
940 1 (1) shall apply with respect to plan years begin2 ning on or after January 1, 2026; or 3…
940/1547
941 CHAPTER 3—PERFORMANCE ACCOUNTABILITY Sec. 119. Performance accountability system. Subtitle…
941/1547
942 Sec. 176. YouthBuild Program. Sec. 177. Reentry employment opportunities. Sec. 178. Youth…
942/1547
943 1 TITLE I—WORKFORCE 2 DEVELOPMENT ACTIVITIES 3 Subtitle A—General Provisions 4 SEC. 101…
943/1547
944 1 ‘‘(5) FOUNDATIONAL SKILL NEEDS.—The term 2 ‘foundational skill needs’ means, with respect…
944/1547
945 1 ‘‘(A) that is selected or designed to meet 2 the specific skill demands of an employer (i…
945/1547
946 1 (1) in clause (i), by inserting ‘‘, including such 2 a closure or layoff due to advances …
946/1547
947 1 (h) INDIVIDUAL WITH A BARRIER TO EMPLOY2 MENT.—Section 3(24) of the Workforce Innovation a…
947/1547
948 1 (i) INDUSTRY OR SECTOR PARTNERSHIP.—Section 2 3(26) of the Workforce Innovation and Oppor…
948/1547
949 1 (k) EDUCATIONAL AGENCIES.—Section 3(34) of the 2 Workforce Innovation and Opportunity Act…
949/1547
950 1 (n) JUSTICE-INVOLVED INDIVIDUAL.—Section 3(38) 2 of the Workforce Innovation and Opportun…
950/1547
951 1 (3) of section 134(c) or activities described in sec2 tion 129(c)(2), and includes— 3 ‘‘…
951/1547
952 1 ‘‘(B) a strategy for validating the achieve2 ment of the performance described in subpara…
952/1547
953 1 (4) by redesignating subparagraph (E) as sub2 paragraph (F); 3 (5) by inserting after su…
953/1547
954 1 upskilling accounts described in section 2 134(d)(4)(E); 3 ‘‘(iv) facilitating business…
954/1547
955 1 one of the programs or activities carried out by a 2 one-stop partner specified in sectio…
955/1547
956 1 uation that such activity, service, strategy, or 2 intervention is likely to improve stud…
956/1547
957 1 (u) REDESIGNATIONS.—Section 3 of the Workforce 2 Innovation and Opportunity Act (29 U.S.C…
957/1547
958 ‘‘Sec. 174. Strengthening community colleges workforce development grants program.’’; and …
958/1547
959 1 (i) by redesignating subparagraphs 2 (C) through (E) as subparagraphs (D) 3 through (F)…
959/1547
960 1 remain in unsubsidized employment’’; 2 and 3 (II) by striking ‘‘and’’ at the end; 4 (…
960/1547
961 1 ‘‘(I) remove or streamline licens2 ing requirements, as appropriate; and 3 ‘‘(II) improv…
961/1547
962 1 (ii) in subparagraph (C)— 2 (I) in clause (ii)(I), by inserting 3 ‘‘utilizing a continu…
962/1547
963 1 (2) in subsection (c)(3)— 2 (A) in subparagraph (A), by striking 3 ‘‘shall’’ the second…
963/1547
964 1 ‘‘(A) review each region in the State iden2 tified under this subsection (as such subsecti…
964/1547
965 1 ‘‘(2) CONTINUATION PERIOD.—Except as pro2 vided in paragraph (5) of this subsection and su…
965/1547
966 1 ‘‘(aa) include an explanation 2 of the strategic goals and objec3 tives that the State i…
966/1547
967 1 gram year after the date of enactment of the A 2 Stronger Workforce for America Act. 3 …
967/1547
968 1 cials of the local areas in the State 2 shall comply with the requirements of 3 clause …
968/1547
969 1 designations approved pursuant to clause 2 (iii)(II) shall take effect in accordance with…
969/1547
970 1 upon receipt of a request for a redesigna2 tion of a local area described in clause (ii), …
970/1547
971 1 ‘‘(ii) sustained fiscal integrity; or 2 ‘‘(iii) in the case of a local area in any 3 pl…
971/1547
972 1 graph (3), (4), or (5), as applicable, has not 2 been followed. 3 ‘‘(C) SECRETARIAL REQ…
972/1547
973 1 ‘‘(B) multiple local boards in a planning 2 region to develop an agreement to operate as …
973/1547
974 1 subparagraphs (F) and (G) of such paragraph’’ 2 after ‘‘delivery efforts’’; 3 (3) by re…
974/1547
975 1 ‘‘(iii) the required activities for local 2 areas under this Act (including the re3 quir…
975/1547
976 1 ‘‘(i) the Governor shall propose to the 2 legislature of the State to designate such 3 …
976/1547
977 1 ‘‘(ii)(I) has a population of less than 2 5,100,000, as determined by the last de3 cenni…
977/1547
978 1 the average of the overall State program 2 scores (as referred to in section 116(f)(2)) …
978/1547
979 1 local areas that comprised the 2 State prior to the designation of 3 the State as a sin…
979/1547
980 1 the Governor receives the consent 2 of a majority of the legislature of 3 the State to …
980/1547
981 1 clause (II)(aa) with respect to 2 the State.’’. 3 (e) DEFINITION OF ‘‘PERFORMED SUCCESS…
981/1547
982 1 (B) in subparagraph (C)— 2 (i) in clause (i), by inserting after 3 ‘‘title II’’ the fol…
982/1547
983 1 ‘‘(iv) may include faculty and staff 2 members working directly with students in 3 prov…
983/1547
984 1 ‘‘(IV) for a local area in which a 2 Job Corps campus (as such term is 3 defined in sec…
984/1547
985 1 ‘‘(II) may include, in a local area 2 with a significant number of dis3 located workers …
985/1547
986 1 or after- school and summer learning 2 programs, in the local area. 3 ‘‘(vi) A standing…
986/1547
987 1 (2) in paragraph (3), by inserting ‘‘, including, 2 to the extent practicable, local repr…
987/1547
988 1 2302(3)) offered within the local area’’ before the 2 period at the end; 3 (5) in parag…
988/1547
989 1 (7) in paragraph (12)(A), by striking ‘‘activi2 ties’’ and inserting ‘‘funds allocated to …
989/1547
990 1 (i) by redesignating subparagraphs 2 (D), (E), and (F) as subparagraphs (E), 3 (F), and…
990/1547
991 1 as identified under paragraph (9), and a de2 scription of how the local board will address…
991/1547
992 1 (D) in paragraph (6)(B), by inserting ‘‘, 2 such as the use of affiliated sites’’ after …
992/1547
993 1 (G) in paragraph (13), by inserting before 2 the semicolon at the end the following: ‘‘, …
993/1547
994 1 (ii) in subclause (IV), by striking 2 ‘‘secondary school diploma’’ and inserting 3 ‘‘re…
994/1547
995 1 (i) in subclause (II)— 2 (I) by striking ‘‘fourth’’ and in3 serting ‘‘second’’; 4 (II)…
995/1547
996 1 (C) in clause (iii), by striking ‘‘secondary 2 school diploma’’ and inserting ‘‘regular h…
996/1547
997 1 ‘‘(aa) propose to the State 2 expected levels of performance, 3 for each of the corresp…
997/1547
998 1 ‘‘(aa) evaluate each of the 2 expected levels of performance 3 proposed under subclause…
998/1547
999 1 programs described in clause (ii) 2 for such State— 3 ‘‘(AA) the expected 4 level of …
999/1547
1000 1 State plan, as described in clause 2 (iii)(II)(cc),’’; and 3 (ii) in subclause (II)— …
1000/1547
1001 1 status, foster care status, school status, 2 education level, highest grade level com3 …
1001/1547
1002 1 Education, shall take into account the need to 2 maximize the value of the templates for…
1002/1547
1003 1 core program as necessary for effective re2 porting; and 3 ‘‘(ii) shall periodically re…
1003/1547
1004 1 onstrated to the State the ability to com2 ply, and agree to comply, with all applica3 b…
1004/1547
1005 1 ‘‘(i) participant earnings in unsub2 sidized employment during the 4 quarters 3 after p…
1005/1547
1006 1 training account described in section 2 134(c)(3)(F)(iii) or a training contract de3 sc…
1006/1547
1007 1 training services in the State, which shall in2 clude, subject to paragraph (6)(C)— 3 ‘…
1007/1547
1008 1 worker program authorized under 2 chapter 3 of subtitle B, disaggregated 3 by the type…
1008/1547
1009 1 scribed in section 122(b)(5)(B)(i)(III) 2 for the participant; and 3 ‘‘(V) the number …
1009/1547
1010 1 (I) through (IV) of subsection 2 (b)(2)(A)(i) for participants in the 3 State receivin…
1010/1547
1011 1 porting search, discovery, comparison, 2 analysis, navigation, and guidance; 3 ‘‘(ii) …
1011/1547
1012 1 scribed in section 502(a)(1) of the A Stronger 2 Workforce for America Act, that was not…
1012/1547
1013 1 ‘‘(f) SANCTIONS FOR STATE FAILURE TO MEET 2 STATE PERFORMANCE ACCOUNTABILITY MEASURES.— …
1013/1547
1014 1 or the Secretary of Education, as appro2 priate, determines that the State meets the 3 …
1014/1547
1015 1 (referred to in the regulations carrying out this 2 section as an ‘overall State program…
1015/1547
1016 1 as appropriate, determines that the State meets 2 such State adjusted levels of performa…
1016/1547
1017 1 ‘‘(iii) in the case of amounts available 2 under section 132(b)(1)(B), was 1 of the 5 …
1017/1547
1018 1 turn funds of paragraph (1)(B) or paragraph 2 (2)(B) of this subsection) have otherwise …
1018/1547
1019 1 of section 132(b) for such program year, 2 compared to the total allotments made (be3 f…
1019/1547
1020 1 (B) by striking ‘‘local performance ac2 countability measures established under sub3 sec…
1020/1547
1021 1 diately succeeding program year under 2 chapter 2 or 3 of subtitle B for the pro3 gram …
1021/1547
1022 1 of parameters described under section 2 106(b)(1)(B); or 3 ‘‘(iii) taking another sign…
1022/1547
1023 1 ‘‘(ii) the amounts remaining after the 2 reservations under clause (i) shall be re3 all…
1023/1547
1024 1 ‘‘(i) INFORMATION AND TECHNICAL ASSISTANCE.— 2 Beginning not later than 12 months after …
1024/1547
1025 1 entity) to assist in carrying out the performance re2 porting requirements of this sectio…
1025/1547
1026 1 ica Act, the Secretary of Labor and the Secretary of Edu2 cation shall fully implement th…
1026/1547
1027 1 (A) in subparagraph (B)— 2 (i) in clause (xi), by inserting ‘‘and’’ 3 at the end; 4 …
1027/1547
1028 1 ‘‘(II) under Public Law 117–167 2 (commonly known as the ‘CHIPS and 3 Science Act of 2…
1028/1547
1029 1 (c) ONE-STOP OPERATORS.—Section 121(d) of the 2 Workforce Innovation and Opportunity Act…
1029/1547
1030 1 lowing: ‘‘or joint labor-management organiza2 tion’’; 3 (3) by redesignating paragraphs…
1030/1547
1031 1 ‘‘(ii) may, subject to the requirements 2 under subparagraph (B), directly provide 3 s…
1031/1547
1032 1 ducting the competition in which the 2 operator intends to compete to be se3 lected as …
1032/1547
1033 1 (d) ONE-STOP DELIVERY.—Section 121(e) of the 2 Workforce Innovation and Opportunity Act …
1033/1547
1034 1 ‘‘(I) a virtual center if the local 2 area complies with subparagraph (E); 3 or 4 ‘‘…
1034/1547
1035 1 (i) by striking ‘‘as applicable and 2 practicable, shall’’ and inserting ‘‘in the 3 ca…
1035/1547
1036 1 each of the programs, services, and activities 2 described in paragraph (1) that are vir…
1036/1547
1037 1 ‘‘(B) PARTNER CONTRIBUTIONS.—Subject 2 to subparagraph (D), the covered portions of 3 …
1037/1547
1038 1 (II) by striking subclause (III) 2 and inserting the following: 3 ‘‘(III) VOCATIONAL R…
1038/1547
1039 1 the option described in paragraph 2 (1)(A)(i)(I)’’; and 3 (ii) in the second sentence,…
1039/1547
1040 1 (g) OTHER FUNDS.—Section 121(i)(2) of the Work2 force Innovation and Opportunity Act (29 …
1040/1547
1041 1 ‘‘(A) procedures regarding the eligibility of 2 providers of training services to receiv…
1041/1547
1042 1 providers of entrepreneurial skills development 2 programs, industry or sector partnersh…
1042/1547
1043 1 that the program for which the provider is seeking 2 eligibility under this section— 3…
1043/1547
1044 1 under this title) for the program to receive 2 and maintain eligibility under this secti…
1044/1547
1045 1 ‘‘(B) PERFORMANCE CRITERIA.—The per2 formance criteria to receive and maintain eligi3 bi…
1045/1547
1046 1 ‘‘(aa) participant wages 2 from unsubsidized employment 3 during the second quarter af…
1046/1547
1047 1 ‘‘(3) EMPLOYER-SPONSORED OR INDUSTRY OR 2 SECTORAL PARTNERSHIP DESIGNATION.— 3 ‘‘(A) IN…
1047/1547
1048 1 such partnership, for each such participant 2 that successfully completes the program. …
1048/1547
1049 1 form the provider of such program of their abil2 ity to display the WIL seal, as describe…
1049/1547
1050 1 level median earnings of individuals ages 2 25 through 34 in the labor force who have …
1050/1547
1051 1 their State that achieve the performance nec2 essary to receive a WIL designation. 3 ‘‘…
1051/1547
1052 1 ‘‘(A) be made available by the State in a 2 common, linked, open, and interoperable data…
1052/1547
1053 1 ‘‘(III) the total cost of the pro2 gram, including the costs of the pub3 lished tuition …
1053/1547
1054 1 ‘‘(II) the necessary information 2 to determine the percentage of such 3 participants …
1054/1547
1055 1 applications and in making determinations of such 2 eligibility based on the criteria, i…
1055/1547
1056 1 ‘‘(A) FAILURE TO PROVIDE REQUIRED IN2 FORMATION.—With respect to a provider of 3 traini…
1056/1547
1057 1 available shall be notified of such failure by 2 the Governor. 3 ‘‘(ii) SECOND CONSECU…
1057/1547
1058 1 ‘‘(i) 2 times shall be determined ineli2 gible under this section by the Governor 3 for…
1058/1547
1059 1 gibility under the procedure described in para2 graph (4)(B)(iii); and 3 ‘‘(B) enable e…
1059/1547
1060 1 provider to submit the same application materials 2 and information to the Governor of t…
1060/1547
1061 1 propriate list of providers determined to be eligible 2 under this section to offer a pr…
1061/1547
1062 1 such credential through an eligible program 2 under this section or through, as applicab…
1062/1547
1063 1 ‘‘(B) with respect to a program described 2 in subsection (b)(3) that is offered by a pr…
1063/1547
1064 1 ‘‘(B) in a manner that does not reveal per2 sonally identifiable information about an ind…
1064/1547
1065 1 Governor shall provide an opportunity for interested mem2 bers of the public to make reco…
1065/1547
1066 1 ‘‘(2) INCENTIVE PAYMENTS.—Incentive pay2 ments to providers established under paragraph (…
1066/1547
1067 1 essary to enable the use of State administrative data 2 to generate such performance inf…
1067/1547
1068 1 services under section 122 of the Workforce Innovation 2 and Opportunity Act (29 U.S.C. …
1068/1547
1069 1 CHAPTER 2—YOUTH WORKFORCE 2 INVESTMENT ACTIVITIES 3 SEC. 131. RESERVATIONS; REALLOCATI…
1069/1547
1070 1 ‘‘(ii) An industry or sector partner2 ship and career pathways development 3 fund descr…
1070/1547
1071 1 (b) REALLOCATION AMONG LOCAL AREAS.—Section 2 128(c) of the Workforce Innovation and Opp…
1071/1547
1072 1 which the determination under paragraph (2) is 2 made.’’. 3 SEC. 132. USE OF FUNDS FOR…
1072/1547
1073 1 dividual is eligible to participate in such 2 activities, the operator or provider may …
1073/1547
1074 1 ‘‘(aa) continue serving such 2 individual using non-Federal 3 funds; or 4 ‘‘(bb) end…
1074/1547
1075 1 subparagraph (B)(iii)(V), the one-stop op2 erator or service provider involved shall— 3…
1075/1547
1076 1 (i) in the subparagraph heading, by 2 striking ‘‘OUT-OF-SCHOOL’’ and inserting 3 ‘‘OPP…
1076/1547
1077 1 (BB) by striking ‘‘and 2 is’’ and inserting ‘‘and’’; 3 (bb) in item (aa), by striking …
1077/1547
1078 1 (C) DEFINITION OF IN-SCHOOL YOUTH.— 2 Clause (iv) of section 129(a)(1)(C) of the Work3 …
1078/1547
1079 1 activity for in-school youth carried out under 2 this chapter.’’. 3 (2) EXCEPTION AND …
1079/1547
1080 1 (iii) by inserting ‘‘in the State’’ after 2 ‘‘subsection (c)’’; 3 (C) in subparagraph …
1080/1547
1081 1 (c) REQUIRED STATEWIDE YOUTH ACTIVITIES.— 2 Section 129(b)(1) of the Workforce Innovatio…
1081/1547
1082 1 in-demand industry sectors or occupations’’ after ‘‘in 2 the State’’; 3 (3) in subpara…
1082/1547
1083 1 grams that prepare students for in-demand in2 dustry sectors or occupations; 3 ‘‘(H) de…
1083/1547
1084 1 the State receiving assistance under section 2 172; and 3 ‘‘(K) coordinating activitie…
1084/1547
1085 1 equivalent’’ and inserting ‘‘regular high 2 school diploma or its recognized equiva3 le…
1085/1547
1086 1 (II) by inserting ‘‘that meet the 2 requirements of paragraph (10)’’ after 3 ‘‘school …
1086/1547
1087 1 year for in-school youth and op2 portunity youth who are enrolled 3 in school; or 4 ‘…
1087/1547
1088 1 (G) in subparagraph (N), by striking the 2 period at the end and inserting ‘‘; and’’; an…
1088/1547
1089 1 tunity Act (29 U.S.C. 3164(c)(5)) is amended by in2 serting ‘‘or local area’’ after ‘‘you…
1089/1547
1090 1 services provided to an adult or dislocated 2 worker. 3 ‘‘(B) SPECIAL RULE FOR IN-SCHO…
1090/1547
1091 1 needs of the employer and the age, skill, and in2 formed aspirations of the eligible yout…
1091/1547
1092 1 ‘‘(ii) may not pay less than the high2 est applicable wage required by the appli3 cable …
1092/1547
1093 1 high-skill, high-wage, or in-demand industry 2 sectors or occupations.’’. 3 (8) CONFOR…
1093/1547
1094 1 (1) in paragraph (1), by striking ‘‘section 2 128(a)’’ and inserting ‘‘section 128(a)(1)…
1094/1547
1095 1 (A) in subparagraph (A)— 2 (i) by striking ‘‘that does not’’ and in3 serting the follow…
1095/1547
1096 1 (i) by striking ‘‘that does not’’ and in2 serting the following: ‘‘that— 3 ‘‘(i) does n…
1096/1547
1097 1 ‘‘(5) USE OF INCENTIVE FUNDS.—Any amounts 2 provided to a local area as a performance in…
1097/1547
1098 1 one, or both, of the funds referred to in 2 subparagraph (C));’’; and 3 (C) by inserti…
1098/1547
1099 1 (II) in subclause (II), by striking 2 the period at the end and inserting ‘‘; 3 and’’;…
1099/1547
1100 1 requirements of such section 414(c).’’; 2 and 3 (ii) by adding at the end the fol4 lo…
1100/1547
1101 1 (II) by amending subclause (IV) 2 to read as follows: 3 ‘‘(IV) local areas, one-stop o…
1101/1547
1102 1 pertise in providing opportunities 2 for covered veterans (as defined 3 in section 421…
1102/1547
1103 1 provided from the National Di2 rectory of New Hires in accord3 ance with section 453(j)(…
1103/1547
1104 1 sitional jobs, or sponsors of ap2 prenticeships and pre-apprentice3 ships’’; 4 (II) in…
1104/1547
1105 1 (bb) by striking ‘‘and’’ at 2 the end; and 3 (VII) by adding at the end the 4 follow…
1105/1547
1106 1 industry organizations, employers (includ2 ing small and mid-sized employers), indus3 tr…
1106/1547
1107 1 purpose of accelerating attain2 ment of such credential; and 3 ‘‘(cc) postsecondary cre…
1107/1547
1108 1 ‘‘(ix) disseminating to local areas and 2 employers information relating to the com3 pe…
1108/1547
1109 1 Workforce Innovation and Opportunity Act (29 2 U.S.C. 3174(a)(3)(A))— 3 (A) in clause …
1109/1547
1110 1 (C) in clause (iii)— 2 (i) by striking ‘‘ and prior learning as3 sessment to’’ and inse…
1110/1547
1111 1 (I) in item (cc), by inserting ‘‘ac2 tivities carried out by comprehensive 3 transition…
1111/1547
1112 1 (G) in clause (xi), by inserting ‘‘that ex2 ceed the local levels of performance’’ after …
1112/1547
1113 1 ‘‘(xvi) developing partnerships be2 tween educational institutions (including 3 area ca…
1113/1547
1114 1 ‘‘(xix) establishing and administering 2 an industry or sector partnership and ca3 reer…
1114/1547
1115 1 occupation (in this paragraph referred to as a 2 ‘participating employer’). 3 ‘‘(B) OP…
1115/1547
1116 1 determined by the Governor and sub2 ject to the requirements of subclause 3 (II) of thi…
1116/1547
1117 1 ployed by the participating em2 ployer of the eligible entity for 3 the 6-month period …
1117/1547
1118 1 with 25 or fewer employees, 90 per2 cent of the costs. 3 ‘‘(II) In the case of a partic…
1118/1547
1119 1 the amount of the wages paid by the 2 participating employer of the eligible 3 entity …
1119/1547
1120 1 ‘‘(I) a participating employer or 2 a group of participating employers; 3 ‘‘(II) an in…
1120/1547
1121 1 to be employed upon completion; 2 and 3 ‘‘(bb) may be provided— 4 ‘‘(AA) by the elig…
1121/1547
1122 1 ‘‘(A) PURPOSE.—The purpose of this para2 graph is to establish new or expand existing in…
1122/1547
1123 1 training opportunities for individuals with 2 barriers to employment. 3 ‘‘(iii) Streng…
1123/1547
1124 1 give priority consideration to eligible part2 nerships that— 3 ‘‘(I) include (or will i…
1124/1547
1125 1 ship activities (including rural 2 areas in the State); or 3 ‘‘(dd) are— 4 ‘‘(AA) op…
1125/1547
1126 1 ‘‘(II) a 2-year Tribal College or 2 University (as defined in section 3 316(b) of the …
1126/1547
1127 1 ‘‘(III) a description of the high2 growth or high-wage industry sector 3 to be served b…
1127/1547
1128 1 ‘‘(cc) a description of strate2 gies that will be developed to help 3 such workers and …
1128/1547
1129 1 ing services described in section 2 122(d); and 3 ‘‘(IX) a commitment from a par4 tic…
1129/1547
1130 1 ‘‘(II) by carrying out an edu2 cation and training program that— 3 ‘‘(aa) leads to the …
1130/1547
1131 1 percent of the grant funds to carry out 2 planning activities during the first year of …
1131/1547
1132 1 ‘‘(bb) an education and 2 training program, including any 3 apprenticeship program or …
1132/1547
1133 1 gram offered through the education and 2 training program of the partnership, and 3 wh…
1133/1547
1134 1 work-based learning, or on-the-job 2 training program; and 3 ‘‘(VI) other evidence-bas…
1134/1547
1135 1 ing youth, seeking to participate 2 in a career pathway program; 3 ‘‘(bb) strategies t…
1135/1547
1136 1 ciples of universal design for 2 learning, as appropriate; 3 ‘‘(bb) the acquisition of…
1136/1547
1137 1 receipt, management, and expenditure of the 2 grant funds. 3 ‘‘(H) NON-FEDERAL COST SH…
1137/1547
1138 1 ‘‘(ii) NON-FEDERAL SHARE.—Any 2 costs of establishing, operating, and sus3 taining such…
1138/1547
1139 1 primary indicators of performance under 2 clause (i) or (ii) of section 116(b)(2)(A), as…
1139/1547
1140 1 ‘‘(aa) includes a partici2 pating employer; and 3 ‘‘(bb) is seeking to further 4 impl…
1140/1547
1141 1 ‘‘(III) includes occupations deter2 mined by the Governor— 3 ‘‘(aa) with wages that are…
1141/1547
1142 1 (A) in subparagraph (A)(iv), by striking 2 ‘‘to’’ and inserting ‘‘to provide business se…
1142/1547
1143 1 3224a(c)) after funds allocated to 2 such local area under paragraph (1) 3 of such sec…
1143/1547
1144 1 (2) CAREER SERVICES.—Section 134(c)(2) of 2 the Workforce Innovation and Opportunity Act…
1144/1547
1145 1 to streamline access to assistance 2 for such individuals, to avoid du3 plication of se…
1145/1547
1146 1 ‘‘(bb) information on job 2 skills necessary to obtain the jobs 3 included on such lis…
1146/1547
1147 1 and understandable to one-stop center 2 customers, relating to the availability 3 of s…
1147/1547
1148 1 ‘‘(bb) referral to the services or assist2 ance described in item (aa), as appro3 priate…
1148/1547
1149 1 cluding prior work experience, military 2 service, education, and the in-demand in3 dus…
1149/1547
1150 1 (I) in subclause (I)(aa), as so re2 designated, by inserting ‘‘, including a 3 competen…
1150/1547
1151 1 ‘‘(C) USE OF PREVIOUS ASSESSMENTS.—A 2 one-stop operator or one-stop partner shall not …
1151/1547
1152 1 (3) TRAINING SERVICES.—Section 134(c)(3) of 2 the Workforce Innovation and Opportunity A…
1152/1547
1153 1 ‘‘(iii) EMPLOYER REFERRAL.— 2 ‘‘(I) IN GENERAL.—A one-stop 3 operator or one-stop part…
1153/1547
1154 1 er an individual who meets the re2 quirements of subclause (I) of this 3 clause is elig…
1154/1547
1155 1 (II) by striking ‘‘under other 2 grant assistance programs, including’’ 3 and insertin…
1155/1547
1156 1 (ii) by striking ‘‘paragraph 2 (2)(A)(xii)’’ and inserting ‘‘paragraph 3 (2)(B)(vii)’’…
1156/1547
1157 1 bursement described in section 3(44)’’ and 2 inserting ‘‘reimbursement described in sec…
1157/1547
1158 1 ‘‘(ii) the length of the skills develop2 ment program; 3 ‘‘(iii) the recognized postsec…
1158/1547
1159 1 recruitment and other business services and strate2 gies on behalf of employers, includin…
1159/1547
1160 1 strategies for area employers, which may 2 include career pathways, skills upgrading, …
1160/1547
1161 1 ‘‘(iv) The marketing of business serv2 ices offered under this title to appropriate 3 a…
1161/1547
1162 1 (A) in clause (iii), by striking ‘‘10 percent’’ 2 and inserting ‘‘30 percent’’; 3 (B) …
1162/1547
1163 1 (ii) in subclause (III), by inserting 2 ‘‘and’’ at the end; and 3 (iii) by adding at t…
1163/1547
1164 1 ‘‘(xiii) the use of competency-based 2 assessments for individuals upon initial as3 ses…
1164/1547
1165 1 (2) SUPPORTIVE SERVICES.—Section 2 134(d)(2)(B) of the Workforce Innovation and Op3 por…
1165/1547
1166 1 (ii) by redesignating clauses (ii) and 2 (iii) as clauses (iii) and (iv), respectively; …
1166/1547
1167 1 Opportunity Act (29 U.S.C. 3174(d)(4)(B)) is 2 amended— 3 (i) by striking ‘‘The traini…
1167/1547
1168 1 for the program of training services pro2 vided to an incumbent worker, a local 3 board…
1168/1547
1169 1 upskilling accounts under clause (i) 2 shall establish criteria for determining 3 the …
1169/1547
1170 1 ‘‘(aa) IN GENERAL.—An in2 cumbent worker described in item 3 (bb) shall be ineligible t…
1170/1547
1171 1 cost of the program of training serv2 ices selected by such worker; and 3 ‘‘(II) funds …
1171/1547
1172 1 ‘‘SEC. 136. AUTHORIZATION OF APPROPRIATIONS. 2 ‘‘(a) YOUTH WORKFORCE INVESTMENT ACTIVI3…
1172/1547
1173 1 (B) in clause (i), by striking ‘‘or’’ at the 2 end; 3 (C) in clause (ii), by striking …
1173/1547
1174 1 (C) in subparagraph (A), as so redesig2 nated, by striking the period at the end and in3…
1174/1547
1175 1 in subparagraph (A) or (B) of section 2 145(b)(1); and’’; and 3 (iv) in subparagraph (…
1175/1547
1176 1 (2) in subsection (b)— 2 (A) in the heading, by inserting ‘‘AND 3 CERTAIN OTHER ARMED F…
1176/1547
1177 1 section 479D of the Higher Education Act of 1965 2 (20 U.S.C. 1087uu–2) for financial ai…
1177/1547
1178 1 (B) by striking ‘‘centers’’ each place it ap2 pears and inserting ‘‘campuses’’. 3 SEC. …
1178/1547
1179 1 (aa) by striking ‘‘operate a 2 Job Corps center’’ and inserting 3 ‘‘operate a Job Corp…
1179/1547
1180 1 primary indicators of performance for eligi2 ble youth; 3 ‘‘(II) in the case of an enti…
1180/1547
1181 1 ees at the campus intend to seek 2 employment; and 3 ‘‘(bb) the degree to which 4 su…
1181/1547
1182 1 cure learning environment for enroll2 ees.’’; and 3 (II) in clause (ii), by striking …
1182/1547
1183 1 rity and access to campus facilities, including 2 procedures to report on and respond to…
1183/1547
1184 1 (B) in the second sentence, by striking 2 ‘‘centers’’ and inserting ‘‘Centers’’; 3 (6)…
1184/1547
1185 1 agreed to in the agreement described in 2 subsection (a)(1)(A); or 3 ‘‘(ii) achieve an…
1185/1547
1186 1 (1) by striking ‘‘center’’ each place it appears 2 and inserting ‘‘campus’’; 3 (2) by …
1186/1547
1187 1 (4) in subsection (b), by striking ‘‘career and 2 technical educational institutions’’ a…
1187/1547
1188 1 SEC. 158. SUPPORT. 2 Section 150 of the Workforce Innovation and Oppor3 tunity Act (29 …
1188/1547
1189 1 ‘‘(A) hire staff and provide staff profes2 sional development; 3 ‘‘(B) set terms and en…
1189/1547
1190 1 ‘‘(e) PRIOR NOTICE.—Prior to making a change to 2 the agreement described in section 147…
1190/1547
1191 1 ‘‘(c) APPEAL PROCESS.— 2 ‘‘(1) ENROLLEE APPEALS.—A disciplinary 3 measure taken by a d…
1191/1547
1192 1 ‘‘(ii) the behavioral records of such 2 enrollee. 3 ‘‘(C) DEFAULT APPROVAL.—The Secret…
1192/1547
1193 1 SEC. 162. WORKFORCE COUNCILS. 2 Section 154 of the Workforce Innovation and Oppor3 tuni…
1193/1547
1194 1 (2) by striking ‘‘centers’’ and inserting ‘‘cam2 puses’’; 3 (3) by striking ‘‘center’’ …
1194/1547
1195 1 SEC. 164. EXPERIMENTAL PROJECTS AND TECHNICAL AS2 SISTANCE. 3 Section 156 of the Workfo…
1195/1547
1196 1 (2) in subsection (f)— 2 (A) by striking ‘‘may accept on behalf of 3 the Job Corps or …
1196/1547
1197 1 ‘‘(A) IN GENERAL.—The Secretary’’; 2 (ii) by inserting ‘‘that are ambitious 3 yet achi…
1197/1547
1198 1 optimal return on the use of Federal 2 funds; and 3 ‘‘(iv) any other considerations id…
1198/1547
1199 1 and the Committee on Health, Education, 2 Labor, and Pensions of the Senate a re3 port …
1199/1547
1200 1 (C) in paragraph (3)(B), by striking ‘‘(J), 2 and (K)’’ and inserting ‘‘(K), and (L)’’; …
1200/1547
1201 1 (F) in paragraph (5), as so redesignated— 2 (i) in subparagraph (A), by striking 3 ‘‘a…
1201/1547
1202 1 clause (ii) of such subparagraph for the purposes of 2 the report required under paragra…
1202/1547
1203 1 (4) in subsection (e), by striking ‘‘116(i)(2)’’ 2 and inserting ‘‘116(j)(2)’’; and 3 …
1203/1547
1204 1 ance improvement plan under this para2 graph for such program year or the suc3 ceeding p…
1204/1547
1205 1 graph, referred to as a ‘comprehensive im2 provement period’) to improve the perform3 an…
1205/1547
1206 1 15 percent of all Job Corps campuses, the 2 Secretary shall take further substantial ac…
1206/1547
1207 1 activities under section 148, 2 counseling and job placement 3 under section 149, stan…
1207/1547
1208 1 reservation, subclause (III) of such 2 clause shall be applied by— 3 ‘‘(aa) by substit…
1208/1547
1209 1 ‘‘(4) CIVILIAN CONSERVATION CENTERS.—With 2 respect to a Civilian Conservation Center th…
1209/1547
1210 1 (A) in the heading, by striking ‘‘CENTER’’ 2 and inserting ‘‘CAMPUS’’; and 3 (B) by st…
1210/1547
1211 1 SEC. 169. CONFORMING AMENDMENTS. 2 Section 146(a) of the Workforce Innovation and Op3 p…
1211/1547
1212 1 ‘‘(C) are evidence-based, to the extent 2 practicable.’’; 3 (4) in subsection (d)(2), …
1212/1547
1213 1 scribed in subparagraph (A)(i) in that fol2 lowing award year.’’; 3 (5) in subsection (…
1213/1547
1214 1 period at the end of the paragraph and insert2 ing the following: ‘‘section 116(b)(2)(A)—…
1214/1547
1215 1 tities funded under this section on the employ2 ment and earnings indicators described in…
1215/1547
1216 1 (7) in subsection (i)— 2 (A) in paragraph (4)— 3 (i) in subparagraph (A)— 4 (I) by s…
1216/1547
1217 1 only for the remainder of that term. Such 2 an individual may serve on the Council 3 a…
1217/1547
1218 1 this subsection $542,000 for each of the fiscal years 2 2025 through 2030.’’. 3 SEC. 1…
1218/1547
1219 1 (III) of section 116(b)(2)(A)(i) for the purposes of 2 the report required under paragra…
1219/1547
1220 1 (A) in the heading, by striking ‘‘ALLOCA2 TION’’ and inserting ‘‘ALLOCATION; FUNDING 3 O…
1220/1547
1221 1 (2) in subparagraphs (B), (C), and (D), by 2 striking ‘‘training’’ each place it appears…
1221/1547
1222 1 (1) in the header, by striking ‘‘DISLOCATED 2 WORKER’’ and inserting ‘‘PERFORMANCE ACCOUN…
1222/1547
1223 1 ‘‘(d) COMMUNITIES IMPACTED BY SUBSTANCE USE 2 DISORDERS.—The Secretary shall, as part of …
1223/1547
1224 1 (I) by striking ‘‘; and’’ at the 2 end; and 3 (II) by inserting ‘‘, including in4 div…
1224/1547
1225 1 ‘‘(A) IN GENERAL.—The Secretary’’; and 2 (ii) by adding at the end the following 3 new…
1225/1547
1226 1 exit from programs carried out under this 2 Act— 3 ‘‘(i) including with respect to fac…
1226/1547
1227 1 by individuals with disabilities, including wheth2 er an individual who is unable to rece…
1227/1547
1228 1 ‘‘(II) the quality of applications 2 received for grants and contracts 3 under such se…
1228/1547
1229 1 tain credentials and secure unsubsidized 2 employment. 3 ‘‘(E) STUDY ON STATEWIDE CRIT…
1229/1547
1230 1 a study that will review the usage of industry 2 or sector partnership and career pathwa…
1230/1547
1231 1 ‘‘(G) STUDY ON THE EFFECTIVENESS OF 2 EMPLOYER-BASED TRAINING.—The Secretary 3 shall, n…
1231/1547
1232 1 system service delivery, labor market data 2 system performance, data collection and in…
1232/1547
1233 1 ment of the A Stronger Workforce for America 2 Act, conduct a study on the alignment of …
1233/1547
1234 1 ‘‘(i) uses the most rigorous available 2 methods that are appropriate and feasible 3 t…
1234/1547
1235 1 ‘‘(C) EVALUATION OF GRANTS.— 2 ‘‘(i) IN GENERAL.—For each grant or 3 contract awarded …
1235/1547
1236 1 program year, the Secretary shall use not less than 2 5 percent and not more than 10 per…
1236/1547
1237 1 ‘‘(C) a description of how the proposed ac2 tivities will— 3 ‘‘(i) support the reportin…
1237/1547
1238 1 outputs created with the grant funds after the 2 grant period ends. 3 ‘‘(3) PRIORITY.—…
1238/1547
1239 1 the credential navigation feature described 2 in section 122(d)(2); 3 ‘‘(ii) participa…
1239/1547
1240 1 section 208 of the Educational Technical 2 Assistance Act of 2002 (20 U.S.C. 9607). 3 …
1240/1547
1241 1 ownership of a verified and secure record of 2 their skills and achievements and the abi…
1241/1547
1242 1 shall be used to supplement, and not supplant, 2 other Federal, State, or local funds us…
1242/1547
1243 1 SEC. 175. NATIONAL DISLOCATED WORKER GRANTS. 2 Section 170 of the Workforce Innovation a…
1243/1547
1244 1 tity receiving a grant under this section to determine 2 the performance of such entity …
1244/1547
1245 1 (iii) by inserting after subparagraph 2 (B) the following: 3 ‘‘(C) SUBSTANCE USE RELAT…
1245/1547
1246 1 (A) in paragraph (4), by striking ‘‘home2 less individuals’’ and inserting ‘‘individuals …
1246/1547
1247 1 (D) in paragraph (12), by striking ‘‘home2 less individuals’’ and inserting ‘‘individuals…
1247/1547
1248 1 ‘‘(II) carrying out programs for 2 the benefit of Indians. 3 ‘‘(ii) RURAL RESERVATION.…
1248/1547
1249 1 tions that are not described in such 2 clause.’’; 3 (B) in paragraph (2)— 4 (i) in s…
1249/1547
1250 1 (bb) by inserting ‘‘unsub2 sidized’’ after ‘‘retaining’’; and 3 (IV) in clause (viii), …
1250/1547
1251 1 (I) in the header, by striking 2 ‘‘MINIMUM REQUIREMENTS’’ and in3 serting ‘‘REQUIREMENT…
1251/1547
1252 1 (aa) by striking ‘‘(including 2 agencies of Indian tribes)’’ and 3 inserting ‘‘, India…
1252/1547
1253 1 achieve on the primary indicators of per2 formance described in section 3 116(b)(2)(A)(…
1253/1547
1254 1 (iii) in subparagraph (J)(iii), by add2 ing ‘‘and’’ after the semicolon; 3 (iv) in subp…
1254/1547
1255 1 ‘‘(2) USE OF WAGE RECORDS.—The Secretary 2 shall make arrangements with a State or other…
1255/1547
1256 1 education experiences of youth served by such pro2 grams.’’; 3 (7) in subsection (g), b…
1256/1547
1257 1 ‘‘(1) to improve the employment, earnings, and 2 skill attainment, and reduce recidivism…
1257/1547
1258 1 ‘‘(A) except as provided in subparagraph 2 (B), in order to implement reentry projects t…
1258/1547
1259 1 ‘‘(i) make direct awards to youth 2 project eligible entities to implement such 3 yout…
1259/1547
1260 1 ‘‘(ii) to monitor and support such en2 tities; 3 ‘‘(B) shall use not less than 20 perce…
1260/1547
1261 1 ‘‘(D) shall ensure awards made under this 2 section are made to eligible entities from g…
1261/1547
1262 1 ‘‘(ii) not later than 90 days after such 2 release; 3 ‘‘(C) whose strategy and design …
1262/1547
1263 1 ‘‘(F) that will serve a rural area. 2 ‘‘(6) CONSTRUCTION.— 3 ‘‘(A) PROJECTS WITH INTER…
1263/1547
1264 1 in paragraph (2) and, as applicable, paragraph (3) 2 or (4). 3 ‘‘(2) CONTENTS.—An appl…
1264/1547
1265 1 ‘‘(E) A description of— 2 ‘‘(i) the partnerships the eligible enti3 ty will establish w…
1265/1547
1266 1 ‘‘(H) A description of the proposed levels 2 of performance to be achieved with respect …
1266/1547
1267 1 ‘‘(N) For a project that also serves as a 2 program carried out under section 225, a de…
1267/1547
1268 1 ‘‘(C) A description of how the intermediary 2 will facilitate the replication of evidenc…
1268/1547
1269 1 Corps, or a program of an institution of 2 higher education; 3 ‘‘(ii) how the youth re…
1269/1547
1270 1 ing eligible youth, and the strategies the el2 igible entity will use to ensure that serv…
1270/1547
1271 1 in subparagraphs (A) through (O) of section 2 129(c)(2). 3 ‘‘(2) ALLOWABLE ACTIVITIES.…
1271/1547
1272 1 other necessary documents for employment and 2 removing barriers to employment. 3 ‘‘(G…
1272/1547
1273 1 ‘‘(4) MATCHING.—An eligible entity shall pro2 vide a match, which may be provided in cash…
1273/1547
1274 1 youth or reentry projects for both eli2 gible adults and eligible youth; and 3 ‘‘(ii) a…
1274/1547
1275 1 ‘‘(C) The characteristics of project partici2 pants when entering the project involved, i…
1275/1547
1276 1 ‘‘(1) IN GENERAL.—Not later than 5 years 2 after the first award of funds under this sec…
1276/1547
1277 1 wages earned and benefits), career ad2 vancement, measurable skills gains, and 3 recogn…
1277/1547
1278 1 vided, to ensure that such participants are 2 prepared to fully benefit from education, …
1278/1547
1279 1 ‘‘(ii) include analysis of participant 2 feedback and outcome and process meas3 ures; a…
1279/1547
1280 1 ‘‘(C) not later than 60 days after the com2 pletion date described in subparagraph (B), …
1280/1547
1281 1 ‘‘(D) an explanation of any waivers grant2 ed by the Secretary of the matching require3 …
1281/1547
1282 1 ties with any required data collection, analysis, and 2 coordination related to such eva…
1282/1547
1283 1 ‘‘(E) a labor organization or joint labor2 management organization; 3 ‘‘(F) an industry…
1283/1547
1284 1 ‘‘(I) was released from incarcer2 ation in a correctional institution (in3 cluding being…
1284/1547
1285 1 program, ordered through that sys2 tem; or 3 ‘‘(B) an individual who— 4 ‘‘(i) is not …
1285/1547
1286 1 amended by inserting after section 172, as added by the 2 preceding section, the followi…
1286/1547
1287 1 postsecondary education and career pathways, in2 cluding apprenticeships, that result in …
1287/1547
1288 1 section (e)(2)(B), identifying best practices, and 2 facilitating the sharing of best pr…
1288/1547
1289 1 come of not more than 150 percent of the pov2 erty line; or 3 ‘‘(D) include within the …
1289/1547
1290 1 is an apprenticeship program that serves youth and re2 quires each enrolled youth apprent…
1290/1547
1291 1 velop industry-specific or occupation-specific 2 workplace competencies and skills. 3 …
1291/1547
1292 1 project in the area served by the eligible entity, 2 and a citation of the data source f…
1292/1547
1293 1 ‘‘(ii) with respect to an identified 2 project by an eligible entity described in 3 su…
1293/1547
1294 1 Federal, State, and local costs of such sup2 portive services; 3 ‘‘(F) if the eligible …
1294/1547
1295 1 the Act of August 16, 1937 (commonly 2 known as the ‘National Apprenticeship 3 Act’; 5…
1295/1547
1296 1 ‘‘(5) A description of expected outcomes and 2 outputs from the project that includes— …
1296/1547
1297 1 this section, including any funds the eligible entity 2 intends to use to fulfill the ma…
1297/1547
1298 1 ‘‘(A) recruit youth to and enroll youth in 2 an identified program, including conducting…
1298/1547
1299 1 schools or dual or concurrent enroll2 ment programs to support youth pre3 apprentices or…
1299/1547
1300 1 and mentors to effectively support youth par2 ticipating in the identified program; 3 ‘…
1300/1547
1301 1 supportive services in accordance with that para2 graph. 3 ‘‘(e) LEVELS OF PERFORMANCE.…
1301/1547
1302 1 pare and submit to the Secretary a report eval2 uating the performance and impact of the …
1302/1547
1303 1 ‘‘(iii) total participants who attain a 2 regular high school diploma or recognized 3 …
1303/1547
1304 1 disaggregated by the type of education, 2 skills development, and apprenticeship op3 po…
1304/1547
1305 1 during that period, as a direct result of a 2 grant under this section; and 3 ‘‘(iv) f…
1305/1547
1306 1 each of the eligible entity’s identified pro2 grams. 3 ‘‘(ii) END OF PROGRAM EVALUA4 T…
1306/1547
1307 1 ‘‘(f) EVALUATIONS AND REPORTS.— 2 ‘‘(1) REPORT TO CONGRESS.—Not later than 3 24 months…
1307/1547
1308 1 tunities or apprenticeship opportunities for youth 2 used by— 3 ‘‘(A) eligible entitie…
1308/1547
1309 1 ‘‘(B) MINIMUM LEGAL AGE.—The eligible 2 entity shall only serve in-school youth, and op…
1309/1547
1310 1 such program and may not provide on-the-job train2 ing in a covered occupation to such yo…
1310/1547
1311 1 U.S.C. 50 et seq.), that is designed for youth not 2 younger than age 16 or older than a…
1311/1547
1312 1 the meanings given the terms ‘tribally controlled col2 lege or university’ and ‘tribally …
1312/1547
1313 1 university, or Tribally controlled postsecondary 2 career and technical institution; 3…
1313/1547
1314 1 ‘‘(O) a consortium of entities described in 2 any of subparagraphs (A) through (N); or …
1314/1547
1315 1 ‘‘(II) shall include as a partner— 2 ‘‘(aa) at least 1 employer or 3 an industry or tr…
1315/1547
1316 1 such as a community college sys2 tem office, a single State edu3 cational board, or Stat…
1316/1547
1317 1 ‘‘(7) GRANT.—The term ‘grant’ means a con2 tract, cooperative agreement, or award. 3 ‘‘…
1317/1547
1318 1 that are approved by the Office of Apprenticeship or 2 State apprenticeship agencies. …
1318/1547
1319 1 ‘‘(ii) assisting in the design, approval, 2 registration, and implementation of ap3 pre…
1319/1547
1320 1 with organizations to provide access to or 2 referrals for supportive services, financia…
1320/1547
1321 1 and accountability for apprenticeship programs with2 in the State. 3 ‘‘(18) SUBGROUP OF…
1321/1547
1322 1 ‘‘(22) YOUTH APPRENTICESHIP AGREEMENT.— 2 The term ‘youth apprenticeship agreement’ mean…
1322/1547
1323 1 SEC. 179. STRENGTHENING COMMUNITY COLLEGES GRANT 2 PROGRAM. 3 Subtitle D of title I of…
1323/1547
1324 1 ‘‘(2) RESERVATION.—Of the amounts appro2 priated to carry out this section under section …
1324/1547
1325 1 than 4 years each if the eligible institution dem2 onstrates that, during the most recent…
1325/1547
1326 1 including any arrangements to place individuals 2 who complete the workforce development…
1326/1547
1327 1 ‘‘(i) leverage additional resources to 2 support the programs to be funded with 3 the …
1327/1547
1328 1 used in such workforce development programs 2 are based and an explanation of how such e…
1328/1547
1329 1 offered by the eligible institution, including 2 with respect to any performance indicat…
1329/1547
1330 1 ‘‘(C) have, or will seek to have, the career 2 education programs supported by the grant…
1330/1547
1331 1 ‘‘(D) uses an evidence-based program de2 sign that is appropriate for the activities carr…
1331/1547
1332 1 outreach to individuals with barriers to 2 employment to encourage such individuals 3 …
1332/1547
1333 1 ‘‘(IV) the skills and competencies 2 necessary to achieve to earn such cre3 dential; …
1333/1547
1334 1 ‘‘(A) Establish, improve, or expand— 2 ‘‘(i) articulation agreements (as de3 fined in s…
1334/1547
1335 1 of eligible providers of training services de2 scribed in section 122(d). 3 ‘‘(C) Purch…
1335/1547
1336 1 section. Such levels of performance shall be estab2 lished on the following indicators: …
1336/1547
1337 1 ‘‘(iii) increasing program and policy 2 alignment across systems and decreasing 3 dupl…
1337/1547
1338 1 the levels of performance that will apply to each 2 eligible institution, taking into ac…
1338/1547
1339 1 ‘‘(II) agrees to be evaluated in 2 accordance with the levels of perform3 ance determin…
1339/1547
1340 1 tiveness of the eligible institutions receiving a grant 2 under this section. 3 ‘‘(2) …
1340/1547
1341 1 ‘‘(C) created alignment between eligible in2 stitutions and the workforce development sys…
1341/1547
1342 1 ‘‘(4) DATA ACCESSIBILITY.—The Secretary 2 shall make available on a publicly accessible …
1342/1547
1343 1 Education, Labor, and Pensions of the Senate 2 a report on such evaluation; and 3 ‘‘(C…
1343/1547
1344 1 the Assistant Secretary for Policy of the Department 2 of Labor. 3 ‘‘(2) COMMUNITY COL…
1344/1547
1345 1 ‘‘(D) a degree-granting Tribal College or 2 University (as defined in section 316(b)(3) …
1345/1547
1346 1 (1) by redesignating subsections (e) and (f) as 2 subsections (g) and (h), respectively;…
1346/1547
1347 1 out section 173 $65,000,000 for each of the fiscal years 2 2025 through 2030.’’. 3 Sub…
1347/1547
1348 1 3241(c)(3)(B)) is amended by inserting ‘‘for a period of 2 not less than 2 years’’ befor…
1348/1547
1349 1 cipients’’ each place it appears and inserting ‘‘recipients 2 and subrecipients’’. 3 S…
1349/1547
1350 1 the Governor to determine if a substantial violation 2 of this title has occurred.’’; …
1350/1547
1351 1 significant number of individuals with barriers to 2 employment.’’; 3 (5) in paragraph…
1351/1547
1352 1 SEC. 197. STATE FLEXIBILITY PILOT AUTHORITY. 2 Section 190 of the Workforce Innovation a…
1352/1547
1353 1 ‘‘(1) WAIVERS, PILOT PROJECT GRANT 2 AMOUNTS, AND RESERVATIONS.—Notwithstanding 3 any o…
1353/1547
1354 1 dated sum to the State, for purposes of 2 carrying out the project, the State’s total …
1354/1547
1355 1 board during the pilot project, use the 2 funds described in subclause (I) for 3 purpo…
1355/1547
1356 1 of carrying out the project on behalf 2 of such consortium. 3 ‘‘(C) STATE RESERVATION.…
1356/1547
1357 1 ment opportunities, including for 2 youth (particularly opportunity 3 youth); 4 ‘‘(I…
1357/1547
1358 1 tively, of subparagraph (B), to the local area or 2 consortium of local areas, respectiv…
1358/1547
1359 1 providers of training services that will re2 ceive funding under the pilot project; 3 ‘…
1359/1547
1360 1 this section, a State, local area, or consortium 2 of local areas may only use a term de…
1360/1547
1361 1 ‘‘(ii) include a description of— 2 ‘‘(I) the populations served under 3 the pilot proj…
1361/1547
1362 1 ties carried out under the pilot project 2 to— 3 ‘‘(I) the outcomes of similarly sit4…
1362/1547
1363 1 ‘‘(I) would not have been con2 ducted without the waiving of statu3 tory or regulatory p…
1363/1547
1364 1 ‘‘(1) IN GENERAL.—A pilot project approved 2 under this section for a State, local area,…
1364/1547
1365 1 ginning of the first year of the pre2 ceding 5-year pilot project period; or 3 ‘‘(II) t…
1365/1547
1366 1 (iii) of subsection (b)(1)(B) approved for a local 2 area or a consortium of local areas…
1366/1547
1367 1 ‘‘(A) a State designated as a single State 2 local area under section 106(d), including …
1367/1547
1368 1 ‘‘(d) APPLICATION.— 2 ‘‘(1) IN GENERAL.—To be eligible to carry out 3 a pilot project …
1368/1547
1369 1 State to serve as the fiscal 2 agent during the project; 3 and 4 ‘‘(bb) written veri…
1369/1547
1370 1 State to serve as the fiscal 2 agent; and 3 ‘‘(bb) written verification 4 from each …
1370/1547
1371 1 delivery system described in sub2 section (b)(2)(A)(iv); 3 ‘‘(iii) the goals the State,…
1371/1547
1372 1 or, in a case of a project that will be carried out 2 by a local area or a consortium, a…
1372/1547
1373 1 described in such application, not later 2 than 90 days after the date on which such 3…
1373/1547
1374 1 Secretary to a State under subparagraph 2 (A)(ii)(II) shall provide the State with— 3 …
1374/1547
1375 1 ‘‘(i) first, to applications submitted by 2 eligible States with a population of not 3…
1375/1547
1376 1 ‘‘(e) STATE PILOT PROJECT REQUIREMENTS.—A 2 State, local area, or consortium that has be…
1376/1547
1377 1 ‘‘(A) is greater than the number of partici2 pants served by such State, local area, or c…
1377/1547
1378 1 ‘‘(5) REPORTING OUTCOMES.—Submit, on an 2 annual basis, to the Secretary a report, with …
1378/1547
1379 1 latory requirements listed in subparagraphs (A) and 2 (B) of subsection (b)(2). 3 ‘‘(f…
1379/1547
1380 1 ried out under the project under this sec2 tion, which shall meet the requirements of 3…
1380/1547
1381 1 located worker program under chapter 2 3 of such subtitle (using the program 3 determi…
1381/1547
1382 1 ‘‘(C) AGREED LEVEL FOR PERFORMANCE 2 ON EXPECTED LEVELS OF PERFORMANCE.— 3 Prior to app…
1382/1547
1383 1 ‘‘(i) deemed to be levels of perform2 ance agreed to under section 3 116(b)(3)(A)(iv), …
1383/1547
1384 1 section 116 for any program year that is appli2 cable to any year of the pilot project pe…
1384/1547
1385 1 ‘‘(B) APPROPRIATE ENTITY.—For the purposes of 2 this paragraph, the term ‘appropriate en…
1385/1547
1386 1 square mile, as determined by the most recent 2 decennial census of the Bureau of the Ce…
1386/1547
1387 1 (B) in subparagraph (B), by striking 2 ‘‘and’’ at the end; 3 (C) by redesignating subp…
1387/1547
1388 1 (C) in clause (iii), by striking ‘‘English 2 language learner’’ and inserting ‘‘English …
1388/1547
1389 1 ‘‘(A) include skills development, postsec2 ondary preparation activities, digital literac…
1389/1547
1390 1 ‘‘(B) navigate the transition from adult 2 education to postsecondary education; 3 ‘‘(…
1390/1547
1391 1 (1) in subsection (d)(3), by striking ‘‘sec2 ondary’’ and inserting ‘‘regular high’’; and…
1391/1547
1392 1 istering the performance accountability system under sec2 tion 116.’’. 3 SEC. 206. MATC…
1392/1547
1393 1 (1) in paragraph (1)— 2 (A) in subparagraph (A), by striking ‘‘ac3 tivities.’’ and inse…
1393/1547
1394 1 212, including facilitating partnerships 2 with the appropriate State entities to con3 …
1394/1547
1395 1 cation and training in an in-demand indus2 try sector or occupation within the State; 3…
1395/1547
1396 1 (D) by striking subparagraph (K) (as so 2 redesignated) and inserting the following: 3…
1396/1547
1397 1 linked to increased use of integrated education 2 and training or other forms of instruc…
1397/1547
1398 1 ‘‘(a) PROGRAM AUTHORIZED.— 2 ‘‘(1) IN GENERAL.—From funds made available 3 under secti…
1398/1547
1399 1 (4) by redesignating subsections (d) and (e) as 2 subsections (e) and (f), respectively;…
1399/1547
1400 1 in section 172, in conjunction with the activities de2 scribed in subsection (b).’’; 3 …
1400/1547
1401 1 (A) by striking ‘‘From grant funds’’ and 2 inserting the following: 3 ‘‘(1) IN GENERAL…
1401/1547
1402 1 and English learners and are evidence-based (to 2 the extent practicable), which may inc…
1402/1547
1403 1 tends to serve individuals using such activities, in order 2 to align the amount of fund…
1403/1547
1404 1 SEC. 211. LOCAL ADMINISTRATIVE COST LIMITS. 2 Section 233(a) of the Workforce Innovation…
1404/1547
1405 1 duce the data collection and reporting burden on eli2 gible providers;’’; and 3 (2) in …
1405/1547
1406 1 learning disabilities, and with 2 adults who are English learn3 ers;’’; 4 (bb) in sub…
1406/1547
1407 1 that States may adopt on a voluntary basis, 2 through— 3 ‘‘(i) the development and dis…
1407/1547
1408 1 TITLE III—AMENDMENTS TO 2 OTHER LAWS 3 SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT. …
1408/1547
1409 1 (D) by adding at the end the following: 2 ‘‘(2) beginning with the first fiscal year for…
1409/1547
1410 1 (2) in subsection (e), by inserting before the pe2 riod at the end the following: ‘‘and i…
1410/1547
1411 1 ‘‘(iii) real-time trends in new and 2 emerging occupational roles, and in new 3 and em…
1411/1547
1412 1 (3) in subsection (e)(2)(H), by striking ‘‘section 2 116(i)(2) of the Workforce Innovati…
1412/1547
1413 1 section 173 of the Workforce Innovation 2 and Opportunity Act; and 3 ‘‘(iii) using the…
1413/1547
1414 1 graph referred to as the ‘remainder 2 amount’) for a fiscal year to make allot3 ments t…
1414/1547
1415 1 receive an allotment under this subpara2 graph for a fiscal year that is less than— 3 ‘…
1415/1547
1416 1 with this clause, reallot to eligible 2 States amounts that are made avail3 able to Sta…
1416/1547
1417 1 mination is made, as compared to the 2 total amount of the State allotments 3 for all …
1417/1547
1418 ‘‘(III) 33 and 1 1 ⁄3 percent of the 2 funds on the basis described in sub3 paragraph (B)…
1418/1547
1419 1 ‘‘(II) AMOUNT.—The amount 2 available for reallocation for a pro3 gram year is equal to…
1419/1547
1420 1 local area means a local area that 2 does not have an amount available for 3 reallotme…
1420/1547
1421 1 er selecting a program of training services 2 from the list of eligible providers of tra…
1421/1547
1422 1 ‘‘(iii) WIOA FUNDS.—A local area 2 may not use funds made available to the 3 local are…
1422/1547
1423 1 than any costs that exceed the limit 2 set by the local area pursuant to 3 clause (ii)…
1423/1547
1424 1 period or, if such a worker has received such 2 training services during such period, th…
1424/1547
1425 1 force Innovation and Opportunity Act (29 U.S.C. 2 3102). 3 ‘‘(6) RULE OF CONSTRUCTION.…
1425/1547
1426 1 SEC. 304. REFERENCES TO OTHER LAWS. 2 (a) REFERENCES TO PROVISIONS OF THE WORK3 FORCE I…
1426/1547
1427 1 (B) in subsection (d)(4)(A)(ii), by striking 2 ‘‘Job Corps centers’’ and inserting ‘‘Job…
1427/1547
1428 1 ing of the Department of Health and Human Services and 2 the Office of Special Education…
1428/1547
1429 1 (B) the Employment and Training Admin2 istration; 3 (C) the Administration for Communit…
1429/1547
1430 1 (3) INDIVIDUALS WITH DISABILITIES.—The 2 term ‘‘individuals with disabilities’’ means in…
1430/1547
1431 1 ‘‘SEC. 505. REPORT ON DATA CAPABILITY AND INTEROPER2 ABILITY OF FEDERAL AND STATE DATABAS…
1431/1547
1432 1 ‘‘(D) the Federal and State workforce 2 training programs from which each Federal and …
1432/1547
1433 1 carry out this Act and the amendments made by this 2 Act, and on individual privacy; 3…
1433/1547
1434 1 ‘‘(7) include a survey of the security protocols 2 used for protecting personal data, in…
1434/1547
1435 1 ‘‘(A) customer service and outcome man2 agement systems utilized by States for pro3 gram…
1435/1547
1436 1 report regarding the initial findings of the report re2 quired under this section. 3 ‘‘…
1436/1547
1437 1 (B) the amendment to paragraph (1) of 2 subsection (d) of that section 116, the amend3 …
1437/1547
1438 1 first day of the second full program year after the 2 date of enactment of this Act. 3…
1438/1547
1439 1 (1) ELIGIBLE PROVIDERS OF TRAINING SERV2 ICES.—Each Governor and local board shall imple…
1439/1547
1440 1 plan to comply with the amendments made 2 by this division to section 102 of the Work3 …
1440/1547
1441 1 that complies with the requirements of sec2 tion 108 of the Workforce Innovation and 3 …
1441/1547
1442 1 ister proposed regulations relating to the transition 2 to, and implementation of, the A…
1442/1547
1443 1 DIVISION G—OLDER AMERICANS 2 ACT REAUTHORIZATION ACT 3 OF 2024 4 SEC. 1. SHORT TITLE…
1443/1547
1444 TITLE III—ENHANCING INNOVATION AND FLEXIBILITY IN NUTRITION SERVICES Sec. 301. Medically…
1444/1547
1445 1 a section or other provision, the reference shall be consid2 ered to be made to that sect…
1445/1547
1446 1 (5) in paragraph (2), by inserting ‘‘to improve 2 health outcomes and reduce health care…
1446/1547
1447 1 disorders and cognitive impairments authorized under this 2 Act and serve as an effectiv…
1447/1547
1448 1 and the Committee on Education and the Workforce of 2 the House of Representatives on th…
1448/1547
1449 1 activities of each such center and demonstration 2 project; 3 ‘‘(ii) a citation to the…
1449/1547
1450 1 departments and agencies to ensure that the aging net2 work and individuals served under …
1450/1547
1451 1 and sources of funding (including any transfer of funding 2 between area agencies on agi…
1451/1547
1452 1 ‘agreement’) with a profitmaking organization for the re2 cipient to provide services to …
1452/1547
1453 1 ment in accordance with subsection (c) and 2 the rates are consistent with the prevailin…
1453/1547
1454 1 ‘‘(ii) provide assurances to the State 2 agency that— 3 ‘‘(I) nothing in the agreement…
1454/1547
1455 1 ‘‘(i) notify the State agency of such 2 change; and 3 ‘‘(ii) provide the assurances de…
1455/1547
1456 1 ‘‘(2) described in subsection (a) may not— 2 ‘‘(A) result in the displacement of service…
1456/1547
1457 1 goals of this Act. The Assistant Secretary shall annually 2 prepare and submit to the Co…
1457/1547
1458 1 cipient shall provide a justification to the State 2 agency within 30 days of receiving …
1458/1547
1459 1 (A) in subparagraph (B)(i), by striking 2 ‘‘any service to older individuals’’ and inser…
1459/1547
1460 1 (b) CONSIDERATIONS.—In disseminating the guid2 ance under subsection (a), the Assistant S…
1460/1547
1461 1 SEC. 109. AREA AGENCY ON AGING CAPABILITIES. 2 (a) ORGANIZATION.—Section 305(c) (42 U.S.…
1461/1547
1462 1 contractual or other arrangements, and oversee ac2 tivities in accordance with— 3 ‘‘(A)…
1462/1547
1463 1 SEC. 110. SUPPORTING OLDER INDIVIDUALS WITH DISABIL2 ITIES THROUGH IMPROVED COORDINATION.…
1463/1547
1464 1 abilities education, research, and service, and 2 State protection and advocacy agencies…
1464/1547
1465 1 (c) DEFINITIONS.—Section 102 (42 U.S.C. 3002) is 2 amended— 3 (1) in paragraph (4), by…
1465/1547
1466 1 capacity building, organizational development, inno2 vation, and other methods of growing…
1466/1547
1467 1 ‘‘TITLE II—WHITE HOUSE 2 CONFERENCE ON AGING 3 ‘‘SEC. 201. AUTHORIZATION OF THE CONFER…
1467/1547
1468 1 ‘‘(1) evaluate the manner in which the objec2 tives of the Older Americans Act of 1965 (4…
1468/1547
1469 1 ness, and economic insecurity, including food insecu2 rity, and promotion of healthy agin…
1469/1547
1470 1 ‘‘SEC. 202. CONFERENCE ADMINISTRATION. 2 ‘‘(a) ADMINISTRATION.—In administering this sec…
1470/1547
1471 1 subchapter III of chapter 53 of such title, relating 2 to classification and General Sch…
1471/1547
1472 1 with such information as may be necessary to evalu2 ate Federal programs and policies rel…
1472/1547
1473 1 nary report of the Conference shall be accepted by the Sec2 retary. 3 ‘‘(b) FINAL REPOR…
1473/1547
1474 1 (1) in section 201(d)(3)(J) (42 U.S.C. 2 3011(d)(3)(J)), by striking ‘‘Speaker of the Ho…
1474/1547
1475 1 (4) in section 339 (42 U.S.C. 3030g–21), by 2 striking ‘‘this chapter’’ each place it ap…
1475/1547
1476 1 (4) by inserting after subparagraph (K) the fol2 lowing: 3 ‘‘(L) providing information …
1476/1547
1477 1 (b) FALLS PREVENTION PROGRAMS.—Section 2 411(a)(15) (42 U.S.C. 3032(a)(15)) is amended t…
1477/1547
1478 1 nections across different generations in a family 2 and in the community;’’; and 3 (2)…
1478/1547
1479 1 based on the best available science, that may improve 2 health outcomes. 3 SEC. 204. E…
1479/1547
1480 1 taining and maintaining adequate housing, including resi2 dential repair and renovation p…
1480/1547
1481 1 carrying out, and promoting participation in 2 multigenerational activities to—’’; 3 (…
1481/1547
1482 1 ment of the Supporting Older Americans Act of 2 2020,’’ and inserting ‘‘on which the fir…
1482/1547
1483 1 in the community in close geographic proximity, rel2 ative to the area, to family members…
1483/1547
1484 1 the House of Representatives the report required by sub2 section (a). 3 SEC. 209. IMPRO…
1484/1547
1485 1 TITLE III—ENHANCING INNOVA2 TION AND FLEXIBILITY IN NU3 TRITION SERVICES 4 SEC. 301. M…
1485/1547
1486 1 ‘‘, tailored to their individual medical and nutritional 2 needs to the extent feasible,…
1486/1547
1487 1 tion Services Incentive Program under section 311 (42 2 U.S.C. 3030a) (referred to in th…
1487/1547
1488 1 House of Representatives a report on the results of the 2 study under this section. 3 …
1488/1547
1489 1 vate entity, including a nutrition service 2 provider, a multipurpose senior center, a …
1489/1547
1490 1 Assistant Secretary shall submit a report to the 2 Committee on Health, Education, Labor…
1490/1547
1491 1 sistant Secretary or pursuant to subsection (a), that 2 are demonstrated to be effective…
1491/1547
1492 1 to the Committee on Health, Education, Labor, and 2 Pensions and the Special Committee o…
1492/1547
1493 1 from applying to nutrition projects utilizing an inno2 vative approach under this subsect…
1493/1547
1494 1 (c) DEFINITIONS RELATING TO THE NATIONAL FAM2 ILY CAREGIVER SUPPORT PROGRAM.— 3 (1) IN …
1494/1547
1495 1 ‘‘(II) the ease for the caregiver to 2 access information, supports, or serv3 ices, and…
1495/1547
1496 1 of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 7801)); or 3 ‘‘(ii) …
1496/1547
1497 1 372(a)(2) (as amended by paragraph (1)(B)) 2 and 372(a)(4)(B)(iii) (as amended by para3…
1497/1547
1498 1 ‘‘(B) the circumstances and unique needs 2 of different types of caregivers, including t…
1498/1547
1499 1 (A) in paragraph (1), by inserting ‘‘, which 2 may include the improvement of the qualit…
1499/1547
1500 1 (B) in paragraph (2), by striking ‘‘and’’ at 2 the end; 3 (C) by redesignating paragra…
1500/1547
1501 1 SEC. 404. DIRECT CARE WORKFORCE RESOURCE CENTER. 2 Section 411(a)(13) (42 U.S.C. 3032(a)…
1501/1547
1502 1 that addresses training and other educational 2 needs of family caregivers, which activi…
1502/1547
1503 1 section 4 as section 2 and moving the section so as to 2 follow section 1. 3 (c) ADVIS…
1503/1547
1504 1 (i) in subparagraph (A)— 2 (I) in the matter preceding clause 3 (i), by striking ‘‘rel…
1504/1547
1505 1 order, including opioid use disorder, 2 or, as applicable and appropriate, 3 needs and…
1505/1547
1506 1 (II) in clause (ii), by striking the 2 ‘‘and’’ at the end; 3 (III) by redesignating cl…
1506/1547
1507 1 (III) by inserting after ‘‘sub2 mitted,’’ the following: ‘‘and every 2 3 years thereaft…
1507/1547
1508 1 (2) in subsection (d)(2), by inserting ‘‘in’’ after 2 ‘‘caregiver programs’’. 3 (b) CO…
1508/1547
1509 1 (A) in subparagraph (D)(iii), by inserting 2 ‘‘, including toward the long-term performa…
1509/1547
1510 1 particular statistical model used and other fac2 tors taken into account, as described in…
1510/1547
1511 1 petition after that subsequent competition.’’; 2 and 3 (B) in paragraph (3)(B)(iii), b…
1511/1547
1512 1 nancial counseling), and library, recreational, 2 and other similar services;’’. 3 (2)…
1512/1547
1513 1 SEC. 502. GAO REPORT ON ALIGNMENT WITHIN THE COM2 MUNITY SERVICE EMPLOYMENT PROGRAM. 3 …
1513/1547
1514 1 American community service employment program, 2 compared with the expected levels of pe…
1514/1547
1515 1 grantees under title V of the Older Americans Act 2 of 1965 (42 U.S.C. 3056 et seq.) and…
1515/1547
1516 1 as the ‘Committee’) to provide advice and guidance 2 to the Assistant Secretary on matte…
1516/1547
1517 1 ‘‘(vi) any other agency or office with subject 2 matter expertise that the Assistant Sec…
1517/1547
1518 1 ‘‘(i) consult with Indian Tribes and confer with orga2 nizations representing Native Hawa…
1518/1547
1519 1 Workforce of the House of Representatives, a report on 2 the use of funds under part D. …
1519/1547
1520 1 (A) estimating the number of Native 2 Americans unserved by programs under such 3 titl…
1520/1547
1521 1 SEC. 604. TECHNICAL AMENDMENTS. 2 The Older Americans Act of 1965 (42 U.S.C. 3001 3 et…
1521/1547
1522 1 (4) by striking ‘‘tribe’’, ‘‘tribes’’, and ‘‘tribal’’ 2 each place such terms appear and…
1522/1547
1523 1 adult protective services programs, and 2 other legal services relating to defense of …
1523/1547
1524 1 (D) in subparagraph (C), by adding ‘‘and’’ 2 at the end; and 3 (E) by adding at the en…
1524/1547
1525 1 of the Office performs activities that require special2 ized training, with a goal of red…
1525/1547
1526 1 ried out under the Older Americans Act of 1965 (42 2 U.S.C. 3001 et seq.), including an …
1526/1547
1527 1 cal year 2024’’ and inserting ‘‘$2,753,033 for 2 fiscal year 2025, $2,753,033 for fiscal…
1527/1547
1528 1 $10,967,554 for fiscal year 2028, and 2 $10,967,554 for fiscal year 2029’’. 3 SEC. 802…
1528/1547
1529 1 year 2026, $381,342,000 for fiscal year 2027, 2 $381,342,000 for fiscal year 2028, and …
1529/1547
1530 1 SEC. 803. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND 2 LONGEVITY. 3 Section 411(b) (42 U…
1530/1547
1531 1 SEC. 805. GRANTS FOR NATIVE AMERICANS. 2 Section 643 (42 U.S.C. 3057n) is amended— 3 (…
1531/1547
1532 1 (2) in subsection (b), by striking ‘‘$5,107,110’’ 2 and all that follows through ‘‘fisca…
1532/1547
1533 1 (2) DATE SPECIFIED.—With respect to an au2 thority described in paragraph (1), the date s…
1533/1547
1534 1 1201 of that Act (7 U.S.C. 9031)), sugarcane, or 2 sugar beets for the 2024 crop year pu…
1534/1547
1535 1 2024’’ and inserting ‘‘December 31, 2 2025’’. 3 (ii) AVAILABILITY OF PREMIUM DIS4 COU…
1535/1547
1536 1 (A) subsections (a) and (b) of section 1602 2 of the Agricultural Act of 2014 (7 U.S.C. …
1536/1547
1537 1 (2) VOLUNTARY PUBLIC ACCESS AND HABITAT 2 INCENTIVE PROGRAM.—Section 1240R(f)(1) of the …
1537/1547
1538 1 U.S.C. 7507(d)(5)) is amended by striking 2 ‘‘2024’’ and inserting ‘‘2025’’. 3 (B) REP…
1538/1547
1539 1 ‘‘(1) MANDATORY FUNDING.—Of the funds of 2 the Commodity Credit Corporation, the Secreta…
1539/1547
1540 1 (i) by striking clauses (ii) and (iii); 2 and 3 (ii) by adding at the end the fol4 lo…
1540/1547
1541 1 ‘‘SEC. 7502. GRAZINGLANDS RESEARCH LABORATORY. 2 ‘‘Except as otherwise specifically auth…
1541/1547
1542 1 8110(b)) is amended in paragraphs (1)(A) and 2 (2)(A) by striking ‘‘2024’’ each place it…
1542/1547
1543 1 (ii) by striking ‘‘2024’’ and inserting 2 ‘‘2024, and $1,000,000 for fiscal year 3 202…
1543/1547
1544 1 (i) in subsection (b), in the matter 2 preceding paragraph (1), by striking 3 ‘‘2024’’…
1544/1547
1545 1 1627a(c)) is amended by striking ‘‘for fiscal 2 year 2024’’ and inserting ‘‘for each of …
1545/1547
1546 1 which was required to be submitted during fiscal 2 year 2024, shall continue, and the re…
1546/1547
1547 1 (b) BIOREFINERY, RENEWABLE CHEMICAL, AND 2 BIOBASED PRODUCT MANUFACTURING ASSISTANCE.—Of …
1547/1547

Further Continuing Appropriations Act - Overview - Spending Bill Version 1

  • 1. ..................................................................... (Original Signature of Member) 118TH CONGRESS 2D SESSION H. R. ll Making further continuing appropriations for the fiscal year ending September 30, 2025, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. COLE introduced the following bill; which was referred to the Committee on llllllllllllll A BILL Making further continuing appropriations for the fiscal year ending September 30, 2025, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Further Continuing 5 Appropriations and Disaster Relief Supplemental Appro6 priations Act, 2025’’. 7 SEC. 2. TABLE OF CONTENTS. 8 The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 2. 2 Sec. 3. References. DIVISION A—FURTHER CONTINUING APPROPRIATIONS ACT, 2025 DIVISION B—DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2025 DIVISION C—OTHER MATTERS TITLE I—DISASTER RELIEF Sec. 101. Disaster grant closeout procedures. Sec. 102. Availability of excess funds. Sec. 103. Reimbursement for repair, replacement, and restoration work on private roads and bridges impacted by Tropical Storm Helene. TITLE II—RECYCLING, WATER, AND ENVIRONMENT RELATED PROVISIONS Sec. 201. Recycling and composting accountability. Sec. 202. Recycling Infrastructure and Accessibility Program. Sec. 203. Drinking water infrastructure risk and resilience. Sec. 204. Reauthorization of Diesel Emissions Reduction Act. Sec. 205. Nationwide Consumer and Fuel Retailer Choice Act of 2024. TITLE III—FOREIGN AFFAIRS Sec. 301. Global engagement center extension. Sec. 302. Haiti Criminal Collusion Transparency Act of 2024. Sec. 303. Extension of special rules for Haiti under Caribbean Basin Economic Recovery Act. Sec. 304. Reports on foreign boycotts of Israel. Sec. 305. Licensing transparency. Sec. 306. Ten-year statute of limitations for export control and anti-boycott violations. TITLE IV—VETERANS Sec. 401. Protecting Regular Order for Veterans Act of 2024. Sec. 402. Improving Veterans’ Experience Act of 2024. Sec. 403. Naming the Department of Veterans Affairs community-based outpatient clinic in Plano, Texas, as the ‘‘U.S. Congressman Sam Johnson Memorial VA Clinic’’. Sec. 404. Eddie Bernice Johnson VA Medical Center. TITLE V—COMPREHENSIVE OUTBOUND INVESTMENT NATIONAL SECURITY ACT OF 2024 Sec. 1. Short title. Sec. 2. Secretary defined. Sec. 3. Severability. Sec. 4. Authorization of appropriations. Sec. 5. Termination. Subtitle A—Imposition of Sanctions Sec. 101. Imposition of sanctions. Sec. 102. Definitions. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 3. 3 Subtitle B—Prohibition and Notification on Investments Relating to Covered National Security Transactions Sec. 111. Prohibition and notification on investments relating to covered national security transactions. Sec. 112. Review of and reporting on national security sensitive sites for purposes of reviews of real estate transactions by the Committee on Foreign Investment in the United States. Subtitle C—Securities and Related Matters Sec. 121. Requirements relating to the Non-SDN Chinese Military-Industrial Complex Companies List. Sec. 122. Extension of filing deadline for certain pre-existing reporting companies. TITLE VI—MISCELLANEOUS Sec. 601. Commodity Futures Trading Commission whistleblower program. Sec. 602. Transfer and redesignation of the 121st fighter squadron of the 113th wing, District of Columbia air national guard. Sec. 603. Public availability of reports on disaster assistance. Sec. 604. Transfer of administrative jurisdiction over RFK Memorial Stadium Campus to District of Columbia. Sec. 605. Treatment of electronic services provided for House offices. Sec. 606. Protection of certain facilities and assets from unmanned aircraft. Sec. 607. Additional special assessment. Sec. 608. National Cybersecurity Protection System Authorization. DIVISION D—COMMERCE MATTERS TITLE I—SECOND CHANCE REAUTHORIZATION ACT OF 2024 Sec. 101. Short title. Sec. 102. Improvements to existing programs. TITLE II—YOUTH POISONING PREVENTION Sec. 201. Short title. Sec. 202. Banning of products containing a high concentration of sodium nitrite. TITLE III—CONSUMER PRODUCT SAFETY STANDARD FOR CERTAIN BATTERIES Sec. 301. Consumer product safety standard for certain batteries. TITLE IV—FOREIGN ADVERSARY COMMUNICATIONS TRANSPARENCY ACT Sec. 401. Short title. Sec. 402. List of entities holding FCC authorizations, licenses, or other grants of authority and having certain foreign ownership. TITLE V—PROMOTING RESILIENT SUPPLY CHAINS Sec. 501. Short title. Sec. 502. Additional responsibilities of Assistant Secretary of Commerce for Industry and Analysis. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 4. 4 Sec. 503. Critical supply chain resilience working group. Sec. 504. Department of Commerce capability assessment. Sec. 505. No additional funds. Sec. 506. Sunset. Sec. 507. Definitions. TITLE VI—DEPLOYING AMERICAN BLOCKCHAINS Sec. 601. Short title. Sec. 602. Definitions. Sec. 603. Department of Commerce leadership on blockchain. Sec. 604. Reports to Congress. TITLE VII—FUTURE NETWORKS ACT Sec. 801. Short title. Sec. 802. 6G task force. Sec. 803. Termination of task force. TITLE VIII—SECURE SPACE ACT OF 2024 Sec. 901. Short title. Sec. 902. Prohibition on grant of certain satellite licenses, United States market access, or earth station authorizations. TITLE IX—TAKE IT DOWN ACT Sec. 1001. Short title. Sec. 1002. Criminal prohibition on intentional disclosure of nonconsensual intimate visual depictions. Sec. 1003. Notice and removal of nonconsensual intimate visual depictions. Sec. 1004. Definitions. Sec. 1005. Severability. TITLE X—RURAL BROADBAND PROTECTION ACT OF 2024 Sec. 1101. Short title. Sec. 1102. Vetting process for prospective high-cost universal service fund applicants. TITLE XI—AMERICAN MUSIC TOURISM Sec. 1201. Short title. Sec. 1202. Responsibilities of the Assistant Secretary of Commerce for Travel and Tourism. TITLE XII—INFORMING CONSUMERS ABOUT SMART DEVICES Sec. 1301. Short title. Sec. 1302. Required disclosure of a camera or recording capability in certain internet-connected devices. Sec. 1303. Enforcement by the Federal Trade Commission. Sec. 1304. Definition of covered device. Sec. 1305. Effective date. TITLE XIII—SECURING SEMICONDUCTOR SUPPLY CHAINS ACT OF 2024 Sec. 1401. Short title. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 5. 5 Sec. 1402. SelectUSA defined. Sec. 1403. Findings. Sec. 1404. Coordination with State-level economic development organizations. Sec. 1405. Report on increasing foreign direct investment in semiconductor-related manufacturing and production. Sec. 1406. No additional funds. TITLE XIV—HOTEL FEES TRANSPARENCY ACT Sec. 1601. Short title. Sec. 1602. Prohibition on unfair and deceptive advertising of hotel rooms and other short-term rental prices. TITLE XV—TRANSPARENCY IN CHARGES FOR KEY EVENTS TICKETING Sec. 1701. Short title. Sec. 1702. All inclusive ticket price disclosure. Sec. 1703. Speculative ticketing ban. Sec. 1704. Disclosures. Sec. 1705. Refund requirements. Sec. 1706. Report by the Federal Trade Commission on BOTS Act of 2016 enforcement. Sec. 1707. Enforcement. Sec. 1708. Definitions. TITLE XVI—ROUTERS ACT Sec. 1801. Short title. Sec. 1802. Study of national security risks posed by certain routers and modems. TITLE XVII—NTIA REAUTHORIZATION Sec. 1901. Short title. Sec. 1902. Definitions. Subtitle A—Reauthorization Sec. 1911. Reauthorization of the National Telecommunications and Information Administration Organization Act. Sec. 1912. NTIA Consolidated Reporting Act. Subtitle B—Office of Spectrum Management Sec. 1921. Office of Spectrum Management. Subtitle C—Office of International Affairs Sec. 1931. Office of International Affairs. DIVISION E—HEALTH Sec. 1. Short title; table of contents. TITLE I—MEDICAID Sec. 101. Streamlined enrollment process for eligible out-of-state providers under Medicaid and CHIP. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 6. 6 Sec. 102. Making certain adjustments to coverage of home or community-based services under Medicaid. Sec. 103. Removing certain age restrictions on Medicaid eligibility for working adults with disabilities. Sec. 104. Medicaid State plan requirement for determining residency and coverage for military families. Sec. 105. Ensuring the reliability of address information provided under the Medicaid program. Sec. 106. Codifying certain Medicaid provider screening requirements related to deceased providers. Sec. 107. Modifying certain State requirements for ensuring deceased individuals do not remain enrolled. Sec. 108. One-year delay of Medicaid and CHIP requirements for health screenings, referrals, and case management services for eligible juveniles in public institutions; State interim work plans. Sec. 109. State studies and HHS report on costs of providing maternity, labor, and delivery services. Sec. 110. Modifying certain disproportionate share hospital allotments. Sec. 111. Modifying certain limitations on disproportionate share hospital payment adjustments under the Medicaid program. Sec. 112. Ensuring accurate payments to pharmacies under Medicaid. Sec. 113. Preventing the use of abusive spread pricing in Medicaid. TITLE II—MEDICARE Sec. 201. Extension of increased inpatient hospital payment adjustment for certain low-volume hospitals. Sec. 202. Extension of the Medicare-dependent hospital (MDH) program. Sec. 203. Extension of add-on payments for ambulance services. Sec. 204. Extending incentive payments for participation in eligible alternative payment models. Sec. 205. Temporary payment increase under the Medicare physician fee schedule to account for exceptional circumstances. Sec. 206. Extension of funding for quality measure endorsement, input, and selection. Sec. 207. Extension of funding outreach and assistance for low-income programs. Sec. 208. Extension of the work geographic index floor. Sec. 209. Extension of certain telehealth flexibilities. Sec. 210. Requiring modifier for use of telehealth to conduct face-to-face encounter prior to recertification of eligibility for hospice care. Sec. 211. Extending acute hospital care at home waiver flexibilities. Sec. 212. Enhancing certain program integrity requirements for DME under Medicare. Sec. 213. Guidance on furnishing services via telehealth to individuals with limited English proficiency. Sec. 214. In-home cardiopulmonary rehabilitation flexibilities. Sec. 215. Inclusion of virtual diabetes prevention program suppliers in MDPP Expanded Model. Sec. 216. Medication-induced movement disorder outreach and education. Sec. 217. Report on wearable medical devices. Sec. 218. Extension of temporary inclusion of authorized oral antiviral drugs as covered part D drugs. Sec. 219. Extension of adjustment to calculation of hospice cap amount. Sec. 220. Multiyear contracting authority for MedPAC and MACPAC. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 7. 7 Sec. 221. Contracting parity for MedPAC and MACPAC. Sec. 222. Adjustments to Medicare part D cost-sharing reductions for low-income individuals. Sec. 223. Requiring Enhanced and Accurate Lists of (REAL) Health Providers Act. Sec. 224. Medicare coverage of multi-cancer early detection screening tests. Sec. 225. Medicare coverage of external infusion pumps and non-self-administrable home infusion drugs. Sec. 226. Assuring pharmacy access and choice for Medicare beneficiaries. Sec. 227. Modernizing and Ensuring PBM Accountability. Sec. 228. Requiring a separate identification number and an attestation for each off-campus outpatient department of a provider. Sec. 229. Medicare sequestration. Sec. 230. Medicare improvement fund. TITLE III—HUMAN SERVICES Subtitle A—Reauthorize Child Welfare Services and Strengthen State and Tribal Child Support Program Sec. 301. Short title. PART 1—CHILD WELFARE REAUTHORIZATION AND MODERNIZATION Sec. 311. Short title; references. Sec. 312. Reauthorization of child welfare programs. Sec. 313. Enhancements to the court improvement program. Sec. 314. Expanding regional partnership grants to address parental substance use disorder as cause of child removal. Sec. 315. Modernization; reducing administrative burden. Sec. 316. Streamlining funding for Indian tribes. Sec. 317. Accelerating access to Family First prevention services. Sec. 318. Strengthening support for youth aging out of foster care. Sec. 319. Recognizing the importance of relative and kinship caregivers. Sec. 320. Avoiding neglect by addressing poverty. Sec. 321. Strengthening support for caseworkers. Sec. 322. Demonstration projects for improving relationships between incarcerated parents and children in foster care. Sec. 323. Guidance to States on improving data collection and reporting for youth in residential treatment programs. Sec. 324. Streamlining research, training, and technical assistance funding. Sec. 325. Report on post adoption and subsidized guardianship services. Sec. 326. Effective date. PART 2—STRENGTHENING STATE AND TRIBAL CHILD SUPPORT Sec. 331. Short title. Sec. 332. Improving the effectiveness of tribal child support enforcement agencies. Subtitle B—Other Matters Sec. 341. Sexual risk avoidance education extension. Sec. 342. Personal responsibility education extension. Sec. 343. Extension of funding for family-to-family health information centers. TITLE IV—PUBLIC HEALTH EXTENDERS VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 8. 8 Subtitle A—Extensions Sec. 401. Extension for community health centers, National Health Service Corps, and teaching health centers that operate GME programs. Sec. 402. Extension of special diabetes programs. Subtitle B—World Trade Center Health Program Sec. 411. 9/11 responder and survivor health funding corrections. TITLE V—SUPPORT ACT REAUTHORIZATION Sec. 501. Short title. Subtitle A—Prevention Sec. 511. Prenatal and postnatal health. Sec. 512. Monitoring and education regarding infections associated with illicit drug use and other risk factors. Sec. 513. Preventing overdoses of controlled substances. Sec. 514. Support for individuals and families impacted by fetal alcohol spectrum disorder. Sec. 515. Promoting state choice in PDMP systems. Sec. 516. First responder training program. Sec. 517. Donald J. Cohen National Child Traumatic Stress Initiative. Sec. 518. Protecting suicide prevention lifeline from cybersecurity incidents. Sec. 519. Bruce’s law. Sec. 520. Guidance on at-home drug disposal systems. Sec. 521. Assessment of opioid drugs and actions. Sec. 522. Grant program for State and Tribal response to opioid use disorders. Subtitle B—Treatment Sec. 531. Residential treatment program for pregnant and postpartum women. Sec. 532. Improving access to addiction medicine providers. Sec. 533. Mental and behavioral health education and training grants. Sec. 534. Loan repayment program for substance use disorder treatment workforce. Sec. 535. Development and dissemination of model training programs for substance use disorder patient records. Sec. 536. Task force on best practices for trauma-informed identification, referral, and support. Sec. 537. Grants to enhance access to substance use disorder treatment. Sec. 538. State guidance related to individuals with serious mental illness and children with serious emotional disturbance. Sec. 539. Reviewing the scheduling of approved products containing a combination of buprenorphine and naloxone. Subtitle C—Recovery Sec. 541. Building communities of recovery. Sec. 542. Peer support technical assistance center. Sec. 543. Comprehensive opioid recovery centers. Sec. 544. Youth prevention and recovery. Sec. 545. CAREER Act. Sec. 546. Addressing economic and workforce impacts of the opioid crisis. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00008 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 9. 9 Subtitle D—Miscellaneous Matters Sec. 551. Delivery of a controlled substance by a pharmacy to a prescribing practitioner. Sec. 552. Technical correction on controlled substances dispensing. Sec. 553. Required training for prescribers of controlled substances. Sec. 554. Extension of temporary order for fentanyl-related substances. TITLE VI—PANDEMIC AND ALL-HAZARDS PREPAREDNESS AND RESPONSE Sec. 601. Short title. Subtitle A—State and Local Readiness and Response Sec. 611. Temporary reassignment of State and local personnel during a public health emergency. Sec. 612. Public Health Emergency Preparedness program. Sec. 613. Hospital Preparedness Program. Sec. 614. Facilities and capacities of the Centers for Disease Control and Prevention to combat public health security threats. Sec. 615. Pilot program to support State medical stockpiles. Sec. 616. Enhancing domestic wastewater surveillance for pathogen detection. Sec. 617. Reauthorization of Mosquito Abatement for Safety and Health program. Subtitle B—Federal Planning and Coordination Sec. 621. All-Hazards Emergency Preparedness and Response. Sec. 622. National Health Security Strategy. Sec. 623. Improving development and distribution of diagnostic tests. Sec. 624. Combating antimicrobial resistance. Sec. 625. Strategic National Stockpile and material threats. Sec. 626. Medical countermeasures for viral threats with pandemic potential. Sec. 627. Public Health Emergency Medical Countermeasures Enterprise. Sec. 628. Fellowship and training programs. Sec. 629. Regional biocontainment research laboratories. Sec. 629A. Limitation related to countries of concern conducting certain research. Subtitle C—Addressing the Needs of All Individuals Sec. 631. Improving access to certain programs. Sec. 632. Supporting at-risk individuals during emergency responses. Sec. 633. National advisory committees. Sec. 634. National Academies study on prizes. Subtitle D—Additional Reauthorizations Sec. 641. Medical countermeasure priority review voucher. Sec. 642. Epidemic Intelligence Service. Sec. 643. Monitoring and distribution of certain medical countermeasures. Sec. 644. Regional health care emergency preparedness and response systems. Sec. 645. Emergency system for advance registration of volunteer health professionals. Sec. 646. Ensuring collaboration and coordination in medical countermeasure development. Sec. 647. Military and civilian partnership for trauma readiness. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00009 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 10. 10 Sec. 648. National Disaster Medical System. Sec. 649. Volunteer Medical Reserve Corps. Sec. 649A. Epidemiology-laboratory capacity. TITLE VII—PUBLIC HEALTH PROGRAMS Sec. 701. Action for dental health. Sec. 702. PREEMIE. Sec. 703. Preventing maternal deaths. Sec. 704. Sickle cell disease prevention and treatment. Sec. 705. Traumatic brain injuries. Sec. 706. Lifespan respite care. Sec. 707. Dr. Lorna Breen health care provider protection. Sec. 708. Gabriella Miller kids first research. Sec. 709. SCREENS for Cancer. Sec. 710. DeOndra Dixon INCLUDE Project. Sec. 711. IMPROVE Initiative. Sec. 712. Organ Procurement and Transplantation Network. Sec. 713. Honor Our Living Donors. Sec. 714. Program for pediatric studies of drugs. TITLE VIII—FOOD AND DRUG ADMINISTRATION Subtitle A—Give Kids a Chance Sec. 801. Research into pediatric uses of drugs; additional authorities of Food and Drug Administration regarding molecularly targeted cancer drugs. Sec. 802. Ensuring completion of pediatric study requirements. Sec. 803. FDA report on PREA enforcement. Sec. 804. Extension of authority to issue priority review vouchers to encourage treatments for rare pediatric diseases. Sec. 805. Limitations on exclusive approval or licensure of orphan drugs. Subtitle B—United States-Abraham Accords Cooperation and Security Sec. 811. Establishment of Abraham Accords Office within Food and Drug Administration. TITLE IX—LOWERING PRESCRIPTION DRUG COSTS Sec. 901. Oversight of pharmacy benefit management services. Sec. 902. Full rebate pass through to plan; exception for innocent plan fiduciaries. Sec. 903. Increasing transparency in generic drug applications. Sec. 904. Title 35 amendments. TITLE X—MISCELLANEOUS Sec. 1001. Two-year extension of safe harbor for absence of deductible for telehealth. Sec. 1002. Eligibility for FEHBP enrollment for Members of Congress. DIVISION F—A STRONGER WORKFORCE FOR AMERICA ACT Sec. 1. Short title; table of contents. TITLE I—WORKFORCE DEVELOPMENT ACTIVITIES VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 11. 11 Subtitle A—General Provisions Sec. 101. Purposes. Sec. 102. Definitions. Sec. 103. Table of contents amendments. Subtitle B—System Alignment CHAPTER 1—STATE PROVISIONS Sec. 111. State workforce development board. Sec. 112. Unified State plan. CHAPTER 2—LOCAL PROVISIONS Sec. 115. Workforce development areas. Sec. 116. Local workforce development boards. Sec. 117. Local plan. CHAPTER 3—PERFORMANCE ACCOUNTABILITY Sec. 119. Performance accountability system. Subtitle C—Workforce Investment Activities and Providers CHAPTER 1—WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Sec. 123. Eligible providers of youth workforce investment activities. CHAPTER 2—YOUTH WORKFORCE INVESTMENT ACTIVITIES Sec. 131. Reservations; Reallocation. Sec. 132. Use of funds for youth workforce investment activities. CHAPTER 3—ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES Sec. 141. State allotments. Sec. 142. Reservations for State activities; within State allocations; Reallocation. Sec. 143. Use of funds for employment and training activities. CHAPTER 4—GENERAL WORKFORCE INVESTMENT PROVISIONS Sec. 145. Authorization of appropriations. Subtitle D—Job Corps Sec. 151. Purposes. Sec. 152. Definitions. Sec. 153. Individuals eligible for the Job Corps. Sec. 154. Recruitment, screening, selection, and assignment of enrollees. Sec. 155. Job Corps Campuses. Sec. 156. Program activities. Sec. 157. Counseling and job placement. Sec. 158. Support. Sec. 159. Operations. Sec. 160. Standards of conduct. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00011 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 12. 12 Sec. 161. Community participation. Sec. 162. Workforce councils. Sec. 163. Advisory committees. Sec. 164. Experimental projects and technical assistance. Sec. 165. Special provisions. Sec. 166. Management information. Sec. 167. Job Corps oversight and reporting. Sec. 168. Authorization of appropriations. Sec. 169. Conforming amendments. Subtitle E—National Programs Sec. 171. Native American programs. Sec. 172. Migrant and seasonal farmworker programs. Sec. 173. Technical assistance. Sec. 174. Evaluations and research. Sec. 175. National dislocated worker grants. Sec. 176. YouthBuild Program. Sec. 177. Reentry employment opportunities. Sec. 178. Youth apprenticeship readiness grant program. Sec. 179. Strengthening community colleges grant program. Sec. 180. Authorization of appropriations. Subtitle F—Administration Sec. 191. Requirements and restrictions. Sec. 192. Monitoring. Sec. 193. Fiscal controls; sanctions. Sec. 194. Administrative adjudication. Sec. 195. Judicial review. Sec. 196. General waivers of statutory or regulatory requirements. Sec. 197. State flexibility pilot authority. Sec. 198. General program requirements. TITLE II—ADULT EDUCATION AND LITERACY Sec. 201. Purpose. Sec. 202. Definitions. Sec. 203. Authorization of appropriations. Sec. 204. Special rule. Sec. 205. Performance accountability system. Sec. 206. Matching requirement. Sec. 207. State leadership activities. Sec. 208. Programs for corrections education and other institutionalized individuals. Sec. 209. Grants and contracts for eligible providers. Sec. 210. Local application. Sec. 211. Local administrative cost limits. Sec. 212. National leadership activities. Sec. 213. Integrated English literacy and civics education. TITLE III—AMENDMENTS TO OTHER LAWS Sec. 301. Amendments to the Wagner-Peyser Act. Sec. 302. Job training grants. Sec. 303. Access to National Directory of New Hires. Sec. 304. References to other laws. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00012 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 13. 13 TITLE IV—DEPARTMENT OF LABOR TECHNICAL ASSISTANCE Sec. 401. Technical assistance for transforming to competitive integrated employment. TITLE V—GENERAL PROVISIONS Sec. 501. Report on data capability and interoperability of Federal and State databases and data exchange agreements. Sec. 502. Effective dates; transition authority. DIVISION G—OLDER AMERICANS ACT REAUTHORIZATION ACT OF 2024 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Definitions. TITLE I—STRENGTHENING THE AGING NETWORK TO MEET THE NEEDS OF OLDER INDIVIDUALS Sec. 101. Declaration of objectives. Sec. 102. Addressing mental health and substance use disorders and cognitive impairments of older individuals. Sec. 103. List of national resource centers. Sec. 104. Awareness of relevant Federal programs. Sec. 105. Evaluations and surveys. Sec. 106. Contracting. Sec. 107. Guidance on reallocation of funding between area agencies on aging. Sec. 108. Right to first refusal. Sec. 109. Area agency on aging capabilities. Sec. 110. Supporting older individuals with disabilities through improved coordination. Sec. 111. Business acumen, fiscal training, and technical assistance. Sec. 112. Enhancing access to assistive technology. Sec. 113. White House Conference on Aging. Sec. 114. Technical amendments. TITLE II—IMPROVING HEALTH OUTCOMES AND ENCOURAGING INDEPENDENCE FOR OLDER INDIVIDUALS Sec. 201. Disease prevention and health promotion services. Sec. 202. Improving health outcomes. Sec. 203. Technical assistance on evidence-based programs. Sec. 204. Enhancing multipurpose senior centers. Sec. 205. Addressing home modifications. Sec. 206. National resource center for engaging older adults. Sec. 207. Multigenerational and civic engagement activities. Sec. 208. Report relating to health outcomes for older individuals living with or near family members. Sec. 209. Improving broadband coordination and reducing social isolation. TITLE III—ENHANCING INNOVATION AND FLEXIBILITY IN NUTRITION SERVICES Sec. 301. Medically tailored meals. Sec. 302. Grab-and-go meals. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00013 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 14. 14 Sec. 303. GAO study on Nutrition Services Incentive Program. Sec. 304. Innovations in nutrition programs and services. TITLE IV—SUPPORTING FAMILY CAREGIVERS Sec. 401. Improving the National Family Caregiver Support Program. Sec. 402. Emphasizing respite care. Sec. 403. Clarifying supportive services. Sec. 404. Direct care workforce resource center. Sec. 405. Supporting Grandparents Raising Grandchildren Act. Sec. 406. RAISE Family Caregivers Act. TITLE V—COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT Sec. 501. Improving the Community Service Employment Program. Sec. 502. GAO report on alignment within the Community Service Employment Program. TITLE VI—IMPROVING SERVICES FOR NATIVE ELDERS Sec. 601. Older Americans Tribal Advisory Committee. Sec. 602. Supportive services; set aside. Sec. 603. GAO report on Tribal services. Sec. 604. Technical amendments. TITLE VII—STRENGTHENING THE LONG-TERM CARE OMBUDSMAN PROGRAMS AND ELDER ABUSE PREVENTION Sec. 701. Director of the Office of Long-Term Care Ombudsman Programs. Sec. 702. Legal assistance training resources relating to elder abuse prevention. Sec. 703. Improving training of volunteers under the State Long-Term Care Ombudsman Program. Sec. 704. Reporting on State Long-Term Care Ombudsman Programs. Sec. 705. Study on State Long-Term Care Ombudsman Programs. TITLE VIII—AUTHORIZATIONS OF APPROPRIATIONS Sec. 801. Administration on Aging. Sec. 802. Grants for State and community programs on aging. Sec. 803. Activities for health, independence, and longevity. Sec. 804. Community Service Senior Opportunities Act. Sec. 805. Grants for Native Americans. Sec. 806. Allotments for elder rights protection activities. DIVISION H—EXTENSION OF AGRICULTURAL PROGRAM Sec. 1. Extension of agricultural programs. Sec. 2. Rescissions. 1 SEC. 3. REFERENCES. 2 Except as expressly provided otherwise, any reference 3 to ‘‘this Act’’ contained in any division of this Act shall VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 15. 15 1 be treated as referring only to the provisions of that divi2 sion. 3 DIVISION A—FURTHER CONTINUING 4 APPROPRIATIONS ACT, 2025 5 SEC. 101. The Continuing Appropriations Act, 2025 6 (division A of Public Law 118–83) is amended— 7 (1) in section 101(9), by striking ‘‘, and includ8 ing section 7 in the matter preceding division A of 9 Public Law 118–47’’; 10 (2) by striking the date specified in section 11 106(3) and inserting ‘‘March 14, 2025’’; 12 (3) in section 126 to read as follows: 13 ‘‘SEC. 126. Notwithstanding section 101, amounts 14 are provided for ‘District of Columbia—Federal Payment 15 for Emergency Planning and Security Costs in the Dis16 trict of Columbia’ at a rate for operations of $90,000,000, 17 of which not less than $50,000,000 shall be for costs asso18 ciated with the Presidential Inauguration to be held in 19 January 2025: Provided, That such amounts may be ap20 portioned up to the rate for operations necessary to main21 tain emergency planning and security activities.’’; and 22 (4) by adding after section 152 the following 23 new sections: 24 ‘‘SEC. 153. Amounts made available by section 101 25 for ‘Department of Commerce—National Oceanic and AtVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 16. 16 1 mospheric Administration—Procurement, Acquisition and 2 Construction’ may be apportioned up to the rate for oper3 ations necessary to maintain the acquisition schedule for 4 Geostationary Earth Orbit in an amount not to exceed 5 $625,000,000. 6 ‘‘SEC. 154. Amounts made available by section 101 7 for ‘Department of Justice—Justice Operations, Manage8 ment and Accountability—Justice Information Sharing 9 Technology’ may be apportioned up to the rate for oper10 ations necessary to carry out proactive vulnerability detec11 tion and penetration testing activities. 12 ‘‘SEC. 155. In addition to amounts otherwise pro13 vided by section 101, there is appropriated to the Depart14 ment of Justice for ‘Federal Bureau of Investigation— 15 Salaries and Expenses’, $16,668,000, for an additional 16 amount for fiscal year 2025, to remain available until Sep17 tember 30, 2026, to conduct risk reduction and modifica18 tion of National Security Systems: Provided, That such 19 amount is designated by the Congress as being for an 20 emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. 23 ‘‘SEC. 156. (a) Amounts made available by section 24 101 to the Department of Defense for ‘Procurement— 25 Shipbuilding and Conversion, Navy’, may be apportioned VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 17. 17 1 up to the rate for operations necessary for ‘Columbia Class 2 Submarine (AP)’ in an amount not to exceed 3 $5,996,130,000. 4 ‘‘(b) Amounts made available by section 101 to the 5 Department of Defense for ‘Procurement—Shipbuilding 6 and Conversion, Navy’ may be apportioned up to the rate 7 for operations necessary for ‘Columbia Class Submarine’ 8 in an amount not to exceed $2,922,300,000. 9 ‘‘SEC. 157. (a) In addition to amounts otherwise pro10 vided by section 101, there is appropriated to the Depart11 ment of Defense for ‘Procurement—Shipbuilding and 12 Conversion, Navy’, $5,691,000,000, for an additional 13 amount for fiscal year 2025, to remain available until Sep14 tember 30, 2029, for the Virginia Class Submarine pro15 gram and for workforce wage and non-executive salary im16 provements for other nuclear-powered vessel programs: 17 Provided, That such amount is designated by the Congress 18 as being for an emergency requirement pursuant to sec19 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer20 gency Deficit Control Act of 1985. 21 ‘‘(b) Amounts appropriated by subsection (a) may be 22 used to incrementally fund contract obligations for the im23 provement of workforce wages and non-executive level sal24 aries on new or existing contracts pertaining to the VirVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 18. 18 1 ginia Class Submarine program or to other nuclear-pow2 ered vessel programs. 3 ‘‘SEC. 158. In addition to amounts otherwise pro4 vided by section 101, there is appropriated to the Depart5 ment of Defense for ‘Operation and Maintenance—De6 fense-Wide’, $913,440,000, for an additional amount for 7 fiscal year 2025, to remain available until September 30, 8 2026, to conduct risk reduction and modification of Na9 tional Security Systems: Provided, That the amount pro10 vided by this section may be transferred to accounts under 11 the headings ‘Operation and Maintenance’, ‘Procurement’, 12 and ‘Research, Development, Test and Evaluation’: Pro13 vided further, That funds transferred pursuant to the pre14 ceding proviso shall be merged with and available for the 15 same purpose and for the same time period as the appro16 priations to which the funds are transferred: Provided fur17 ther, That any transfer authority provided herein is in ad18 dition to any other transfer authority provided by law: 19 Provided further, That such amount is designated by the 20 Congress as being for an emergency requirement pursuant 21 to section 251(b)(2)(A)(i) of the Balanced Budget and 22 Emergency Deficit Control Act of 1985. 23 ‘‘SEC. 159. (a) Amounts made available by section 24 101 for ‘Department of Energy—Atomic Energy Defense 25 Activities—Environmental and Other Defense Activities— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 19. 19 1 Other Defense Activities’ may be apportioned up to the 2 rate for operations necessary to sustain specialized secu3 rity activities. 4 ‘‘(b) The Director of the Office of Management and 5 Budget and the Secretary of Energy shall notify the Com6 mittees on Appropriations of the House of Representatives 7 and the Senate not later than 3 days after each use of 8 the authority provided in subsection (a). 9 ‘‘SEC. 160. In addition to amounts otherwise pro10 vided by section 101, there is appropriated to the Depart11 ment of Energy for ‘Atomic Energy Defense Activities— 12 Environmental and Other Defense Activities—Other De13 fense Activities’, $1,750,000, for an additional amount for 14 fiscal year 2025, to remain available until September 30, 15 2026, to conduct risk reduction and modification of Na16 tional Security Systems: Provided, That such amount is 17 designated by the Congress as being for an emergency re18 quirement pursuant to section 251(b)(2)(A)(i) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 20 ‘‘SEC. 161. During the period covered by this Act, 21 section 10609(a) of the Northwestern New Mexico Rural 22 Water Projects Act (subtitle B of title X of Public Law 23 111–11) shall be applied by substituting ‘$1,640,000,000’ 24 for ‘$870,000,000’ and ‘2025’ for ‘2024’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 20. 20 1 ‘‘SEC. 162. In addition to amounts otherwise pro2 vided by section 101, there is appropriated to the Depart3 ment of the Treasury for ‘Departmental Offices—Office 4 of Terrorism and Financial Intelligence—Salaries and Ex5 penses’, $908,000, for an additional amount for fiscal year 6 2025, to remain available until September 30, 2026, to 7 conduct risk reduction and modification of National Secu8 rity Systems: Provided, That such amount is designated 9 by the Congress as being for an emergency requirement 10 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg11 et and Emergency Deficit Control Act of 1985. 12 ‘‘SEC. 163. Section 302 of title III of Public Law 13 108-494 shall be applied by substituting the date specified 14 in section 106(3) of this Act for ‘December 31, 2024’ each 15 place it appears. 16 ‘‘SEC. 164. (a) Notwithstanding section 101, section 17 747 of title VII of division B of Public Law 118–47 shall 18 be applied through the date specified in section 106(3) of 19 this Act by— 20 ‘‘(1) substituting ‘2024’ for ‘2023’ each place it 21 appears; 22 ‘‘(2) substituting ‘2025’ for ‘2024’ each place it 23 appears; 24 ‘‘(3) substituting ‘2026’ for ‘2025’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 21. 21 1 ‘‘(4) substituting ‘section 747 of division B of 2 Public Law 118–47, as in effect on September 30, 3 2024’ for ‘section 747 of division E of Public Law 4 117–328’ each place it appears. 5 ‘‘(b) Subsection (a) shall not take effect until the first 6 day of the first applicable pay period beginning on or after 7 January 1, 2025. 8 ‘‘SEC. 165. Amounts made available by section 101 9 for ‘Department of Education—Student Aid Administra10 tion’ may be apportioned up to the rate for operations nec11 essary to ensure the continuation of student loan servicing 12 activities and student aid application and eligibility deter13 mination processes. 14 ‘‘SEC. 166. During the period covered by this Act, 15 section 123 of division A of Public Law 118–42 and the 16 provisions carrying the same restriction in prior Acts mak17 ing appropriations to the Department of Defense for mili18 tary construction shall not apply to unobligated balances 19 from prior year appropriations made available under the 20 heading ‘Department of Defense—Military Construction, 21 Army’ and such balances may be obligated for an access 22 road project at Arlington National Cemetery. 23 ‘‘SEC. 167. (a) Notwithstanding section 101, the sec24 ond proviso under the heading ‘Department of Veterans VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 22. 22 1 Affairs—Veterans Health Administration—Medical Serv2 ices’ shall not apply during the period covered by this Act. 3 ‘‘(b) Notwithstanding section 101, the second proviso 4 under the heading ‘Department of Veterans Affairs—Vet5 erans Health Administration—Medical Community Care’ 6 shall not apply during the period covered by this Act. 7 ‘‘(c) Notwithstanding section 101, the second proviso 8 under the heading ‘Department of Veterans Affairs—Vet9 erans Health Administration—Medical Support and Com10 pliance’ shall not apply during the period covered by this 11 Act. 12 ‘‘SEC. 168. Notwithstanding section 101, the fifth 13 and sixth provisos under the heading ‘Millennium Chal14 lenge Corporation’ in division F of Public Law 118–47 15 shall be applied by substituting ‘December 31, 2025’ for 16 ‘December 31, 2024’ each place it appears. 17 ‘‘SEC. 169. Amounts made available by section 101 18 for ‘Department of Transportation—Federal Aviation Ad19 ministration—Operations’ may be apportioned up to the 20 rate for operations necessary to fund mandatory pay in21 creases and other inflationary adjustments, to maintain 22 and improve air traffic services, to hire and train air traf23 fic controllers, and to continue aviation safety oversight, 24 while avoiding service reductions.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 23. 23 1 This division may be cited as the ‘‘Further Con2 tinuing Appropriations Act, 2025’’. 3 DIVISION B—DISASTER RELIEF 4 SUPPLEMENTAL APPROPRIA5 TIONS ACT, 2025 6 The following sums are appropriated, out of any 7 money in the Treasury not otherwise appropriated, for the 8 fiscal year ending September 30, 2025, and for other pur9 poses, namely: 10 TITLE I 11 DEPARTMENT OF AGRICULTURE 12 AGRICULTURAL PROGRAMS 13 PROCESSING, RESEARCH, AND MARKETING 14 OFFICE OF THE SECRETARY 15 For an additional amount for ‘‘Office of the Sec16 retary’’, $30,780,000,000, to remain available until ex17 pended, for necessary expenses related to losses of rev18 enue, quality or production of crops (including milk, on19 farm stored commodities, crops prevented from planting, 20 and harvested adulterated wine grapes), trees, bushes, and 21 vines, as a consequence of droughts, wildfires, hurricanes, 22 floods, derechos, excessive heat, tornadoes, winter storms, 23 freeze, including a polar vortex, smoke exposure, and ex24 cessive moisture occurring in calendar years 2023 and 25 2024 under such terms and conditions as determined by VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 24. 24 1 the Secretary of Agriculture (referred to in this title as 2 ‘‘Secretary’’): Provided, That of the amounts provided in 3 this paragraph under this heading in this Act, the Sec4 retary shall use up to $2,000,000,000 to provide assist5 ance to producers of livestock, as determined by the Sec6 retary, for losses incurred during calendar years 2023 and 7 2024 due to drought, wildfires, or floods: Provided further, 8 That the Secretary may provide assistance for such losses 9 in the form of block grants to eligible States and terri10 tories and such assistance may include compensation to 11 producers, as determined by the Secretary, for timber (in12 cluding payments to non-Federal forest landowners), cit13 rus, pecan, and poultry (including infrastructure) losses, 14 and for agricultural producers who have suffered losses 15 due to the failure of Mexico to deliver water to the United 16 States in accordance with the 1944 Water Treaty: Pro17 vided further, That of the amounts provided under this 18 heading in this Act, the Secretary shall offer individualized 19 technical assistance to interested non-insured producers to 20 help them apply for assistance made available under this 21 heading: Provided further, That of the amounts made 22 available under this paragraph under this heading in this 23 Act, the Secretary may use up to $30,000,000, for reim24 bursement for administrative and operating expenses 25 available for crop insurance contracts for 2022 and 2023 VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 25. 25 1 reinsurance years in a manner consistent with Section 771 2 of the Consolidated Appropriations Act, 2023 (Public Law 3 117–328): Provided further, That of the amounts made 4 available under this paragraph under this heading in this 5 Act, and without regard to 44 U.S.C. 3501 et. seq., the 6 Secretary shall use $3,000,000 to carry out regular testing 7 for the purposes of verifying and validating the method8 ology and protocols of the inspection of molasses at any 9 United States ports of entry, including whether the molas10 ses meets each statutory requirement without the use of 11 additives or blending, relevant definitional explanatory 12 notes, and each property typical of molasses in the United 13 States as directed in Senate Report 118–193: Provided 14 further, That at the election of a processor eligible for a 15 loan under section 156 of the Federal Agriculture Im16 provement and Reform Act of 1996 (7 U.S.C. 7272) or 17 a cooperative processor of dairy, the Secretary shall make 18 payments for losses in 2023 and 2024 to such processors 19 (to be paid to producers, as determined by such proc20 essors) in lieu of payments to producers and under the 21 same terms and conditions as payments made to proc22 essors pursuant to title I of the Additional Supplemental 23 Appropriations for Disaster Relief Act, 2019 (Public Law 24 116–20) under the heading ‘‘Department of Agriculture— 25 Agricultural Programs—Processing, Research and MarVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 26. 26 1 keting—Office of the Secretary’’, as last amended by sec2 tion 791(c) of title VII of division B of the Further Con3 solidated Appropriations Act, 2020 (Public Law 116–94): 4 Provided further, That notwithstanding section 5 760.1503(j) of title 7, Code of Federal Regulations, in the 6 event that a processor described in the preceding proviso 7 does not elect to receive payments under such clause, the 8 Secretary shall make direct payments to producers under 9 this heading in this Act: Provided further, That the total 10 amount of payments received under this paragraph under 11 this heading in this Act for producers who did not obtain 12 a policy or plan of insurance for an insurable commodity 13 for the applicable crop year under the Federal Crop Insur14 ance Act (7 U.S.C. 1501 et seq.) for the crop incurring 15 the losses or did not file the required paperwork and pay 16 the service fee by the applicable State filing deadline for 17 a noninsurable commodity for the applicable crop year 18 under Noninsured Crop Disaster Assistance Program for 19 the crop incurring the losses shall not exceed 70 percent 20 of the loss as determined by the Secretary, except the Sec21 retary shall provide payments not to exceed 90 percent 22 of the producer’s revenue losses as determined by the Sec23 retary if the Secretary determines a de minimis amount 24 of a producer’s revenue loss is attributable to crops for 25 which the producer did not insure or obtain Noninsured VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 27. 27 1 Crop Disaster Assistance Program coverage: Provided fur2 ther, That the amount provided in this paragraph under 3 this heading in this Act shall be subject to the terms and 4 conditions set forth in the first, second, sixth, seventh, 5 eighth, ninth, tenth, and 12th provisos under this heading 6 in title I of the Disaster Relief Supplemental Appropria7 tions Act, 2022 (division B of Public Law 117–43), except 8 that such ninth proviso under such heading shall be ap9 plied by substituting ‘‘2023 and 2024’’ for ‘‘2020 and 10 2021’’ and the Secretary shall apply a separate payment 11 limit for economic assistance payments: Provided further, 12 That not later than 120 days after the enactment of this 13 Act, and for each fiscal quarter thereafter until the 14 amounts provided under this heading in this Act are ex15 pended, the Secretary shall report to the Committees on 16 Appropriations of the House of Representatives and the 17 Senate on the implementation of any programs provided 18 for under this heading in this Act specifying the type, 19 amount, and method of such assistance by State and terri20 tory: Provided further, That of the amounts provided in 21 this paragraph, $10,000,000,000 shall be made available 22 for the Secretary to make economic assistance available 23 pursuant to section 2102 of this title in this Act: Provided 24 further, That such amount is designated by the Congress 25 as being for an emergency requirement pursuant to secVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 28. 28 1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 3 For an additional amount for ‘‘Office of the Sec4 retary’’, $220,000,000, to remain available until expended, 5 for the Secretary to provide assistance in the form of block 6 grants to eligible States to provide compensation to pro7 ducers for necessary expenses related to crop, timber, and 8 livestock losses, including on-farm infrastructure, as a 9 consequence of any weather event in 2023 or 2024 that 10 a State, in its sole discretion, determines warrants such 11 relief: Provided, That eligible States are those States with 12 a net farm income for 2023 of less than $250,000,000, 13 as recorded in the data in the Economic Research Service 14 publication ‘‘Farm Income and Wealth Statistics’’ as of 15 December 3, 2024, and fewer than eight thousand farms 16 and an average farm size of fewer than one thousand acres 17 per farm, as recorded in the National Agricultural Statis18 tics Service publication ‘‘Farms and Land in Farms 2023 19 Summary (February, 2024)’’: Provided further, That the 20 Secretary shall work with eligible States on any necessary 21 terms and conditions of the block grants, fully taking in 22 account the needs of each State: Provided further, That 23 any such terms and conditions may not impose additional 24 costs on producers: Provided further, That such amount 25 is designated by the Congress as being for an emergency VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 29. 29 1 requirement pursuant to section 251(b)(2)(A)(i) of the 2 Balanced Budget and Emergency Deficit Control Act of 3 1985. 4 OFFICE OF INSPECTOR GENERAL 5 For an additional amount for ‘‘Office of Inspector 6 General’’, $7,500,000, to remain available until expended, 7 for audits, investigations, and other oversight of projects 8 and activities carried out with funds made available to the 9 Department of Agriculture in this Act: Provided, That 10 such amount is designated by the Congress as being for 11 an emergency requirement pursuant to section 12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14 AGRICULTURAL RESEARCH SERVICE 15 BUILDINGS AND FACILITIES 16 For an additional amount for ‘‘Buildings and Facili17 ties’’, $42,500,000, to remain available until expended: 18 Provided, That such amount is designated by the Congress 19 as being for an emergency requirement pursuant to sec20 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer21 gency Deficit Control Act of 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 30. 30 1 FARM PRODUCTION AND CONSERVATION 2 PROGRAMS 3 FARM SERVICE AGENCY 4 EMERGENCY FOREST RESTORATION PROGRAM 5 For an additional amount for ‘‘Emergency Forest 6 Restoration Program’’, $356,535,000, to remain available 7 until expended: Provided, That such amount is designated 8 by the Congress as being for an emergency requirement 9 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg10 et and Emergency Deficit Control Act of 1985. 11 EMERGENCY CONSERVATION PROGRAM 12 For an additional amount for ‘‘Emergency Conserva13 tion Program’’, $828,000,000, to remain available until 14 expended: Provided, That such amount is designated by 15 the Congress as being for an emergency requirement pur16 suant to section 251(b)(2)(A)(i) of the Balanced Budget 17 and Emergency Deficit Control Act of 1985. 18 NATURAL RESOURCES CONSERVATION SERVICE 19 EMERGENCY WATERSHED PROTECTION PROGRAM 20 For an additional amount for ‘‘Emergency Watershed 21 Protection Program’’ for necessary expenses for the Emer22 gency Watershed Protection Program, $920,000,000, to 23 remain available until expended: Provided, That such 24 amount is designated by the Congress as being for an 25 emergency requirement pursuant to section VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 31. 31 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 RURAL DEVELOPMENT PROGRAMS 4 RURAL DEVELOPMENT DISASTER ASSISTANCE FUND 5 For an additional amount for the ‘‘Rural Develop6 ment Disaster Assistance Fund’’ as authorized under sec7 tion 6945 of title 7, United States Code, as amended by 8 this Act, $362,500,000, to remain available until ex9 pended: Provided, That section 6945(b) of title 7, United 10 States Code, shall apply to amounts provided under this 11 heading in this Act: Provided further, That amounts pro12 vided under this heading in this Act may not be trans13 ferred pursuant to section 2257 of title 7, United States 14 Code: Provided further, That such amount is designated 15 by the Congress as being for an emergency requirement 16 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg17 et and Emergency Deficit Control Act of 1985. 18 DOMESTIC FOOD PROGRAMS 19 FOOD AND NUTRITION SERVICE 20 COMMODITY ASSISTANCE PROGRAM 21 For an additional amount for ‘‘Commodity Assistance 22 Program’’ for the emergency food assistance program as 23 authorized by section 27(a) of the Food and Nutrition Act 24 of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the 25 Emergency Food Assistance Act of 1983 (7 U.S.C. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 32. 32 1 7508(a)(1)), $25,000,000, to remain available until Sep2 tember 30, 2026: Provided, That such funds shall be for 3 infrastructure needs related to the consequences of a 4 major disaster declaration pursuant to the Robert T. Staf5 ford Disaster Relief and Emergency Assistance Act (42 6 U.S.C. 5121 et seq.) in calendar years 2023 and 2024: 7 Provided further, That such amount is designated by the 8 Congress as being for an emergency requirement pursuant 9 to section 251(b)(2)(A)(i) of the Balanced Budget and 10 Emergency Deficit Control Act of 1985. 11 GENERAL PROVISIONS—THIS TITLE 12 SEC. 2101. Section 10101 of the Disaster Relief and 13 Recovery Supplemental Appropriations Act, 2008 (division 14 B of Public Law 110–329; 7 U.S.C. 6945) is amended— 15 (1) in subsection (b)— 16 (A) in the first sentence— 17 (i) by striking ‘‘for authorized activi18 ties’’ and inserting ‘‘, in the form of loans, 19 grants, loan guarantees, or cooperative 20 agreements, for any authorized activity’’; 21 (ii) by striking ‘‘or’’ between ‘‘Presi22 dent’’ and ‘‘the Secretary of Agriculture’’ 23 and inserting a comma; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 33. 33 1 (iii) by inserting after ‘‘the Secretary 2 of Agriculture’’ the following: ‘‘, or the 3 Governor of a State or Territory’’; 4 (B) in the second sentence, inserting after 5 ‘‘to carry out the activity’’, the following: ‘‘, but 6 shall not be limited to the original form of as7 sistance, if any’’; and 8 (C) by inserting after the first sentence, as 9 so amended, the following: ‘‘The cost of such 10 direct and guaranteed loans, including the cost 11 of modifying loans, shall be as defined in sec12 tion 502 of the Congressional Budget Act of 13 1974.’’; and 14 (2) in subsection (c), to read as follows— 15 ‘‘(c) WAIVER OF ACTIVITY OR PROJECT LIMITA16 TIONS.—For any activity or project for which amounts in 17 the Rural Development Disaster Assistance Fund will be 18 obligated under subsection (b)— 19 ‘‘(1) the Secretary of Agriculture may waive 20 any limits on population, income, age, and duplica21 tion with respect to replacement of damaged or de22 stroyed utilities, or cost-sharing otherwise applicable, 23 except that, if the amounts proposed to be obligated 24 in connection with the disaster would exceed the 25 amount specified in subsection (h), the notification VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 34. 34 1 required by that subsection shall include information 2 and justification with regard to any waivers to be 3 granted under this subsection; 4 ‘‘(2) the Secretary of Agriculture may use alter5 native sources of income data provided by local, re6 gional, State, or Federal government sources to de7 termine program eligibility; and 8 ‘‘(3) with respect to grants authorized by 7 9 U.S.C. 1926(a)(19), the Secretary of Agriculture 10 shall not require the applicant to demonstrate that 11 it is unable to finance the proposed project from its 12 own resources, or through commercial credit at rea13 sonable rates and terms, or other funding sources 14 without grant assistance.’’. 15 (3) Amounts provided by this section are des16 ignated by the Congress as being for an emergency 17 requirement pursuant to section 251(b)(2)(A)(i) of 18 the Balanced Budget and Emergency Deficit Control 19 Act of 1985. 20 SEC. 2102. (a)(1) With respect to the 2024 crop year, 21 if the Secretary determines that the expected gross return 22 per acre for an eligible commodity determined under para23 graph (2) is less than the expected cost of production per 24 acre for that eligible commodity determined under para25 graph (3), the Secretary shall, not later than 90 days after VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 35. 35 1 the date of enactment of this Act, make a 1-time economic 2 assistance payment to each producer of that eligible com3 modity during that crop year. 4 (2) The expected gross return per acre for an 5 eligible commodity referred to in paragraph (1) shall 6 be equal to— 7 (A) in the case of wheat, corn, grain sor8 ghum, barley, oats, cotton, rice, and soybeans, 9 the product obtained by multiplying— 10 (i) the projected average farm price 11 for the applicable eligible commodity for 12 the 2024–2025 marketing year contained 13 in the most recent World Agricultural Sup14 ply and Demand Estimates published be15 fore the date of enactment of this Act by 16 the World Agricultural Outlook Board; and 17 (ii) the national average harvested 18 yield per acre for the applicable eligible 19 commodity for the most recent 10 crop 20 years, as determined by the Secretary; and 21 (B) in the case of each eligible commodity 22 not specified in subparagraph (A), a com23 parable estimate of gross returns, as deter24 mined by the Secretary. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 36. 36 1 (3) The expected cost of production per acre for 2 an eligible commodity referred to in paragraph (1) 3 shall be equal to— 4 (A) in the case of wheat, corn, grain sor5 ghum, barley, oats, cotton, rice, and soybeans, 6 the total costs listed for the 2024 crop year 7 with respect to the applicable eligible com8 modity contained in the most recent data prod9 uct entitled ‘‘national average cost-of-produc10 tion forecasts for major U.S. field crops’’ pub11 lished by the Economic Research Service; and 12 (B) in the case of each eligible commodity 13 not specified in subparagraph (A), a com14 parable total estimated cost-of-production, as 15 determined by the Secretary. 16 (4)(A) The amount of an economic assistance 17 payment to a producer for an eligible commodity 18 under paragraph (1) shall be equal to 26 percent of 19 the product obtained by multiplying— 20 (i) the economic loss for that eligible 21 commodity determined under subpara22 graph (B); and 23 (ii) the eligible acres of that eligible 24 commodity on the farm determined under 25 subparagraph (C). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 37. 37 1 (B) For purposes of subparagraph (A)(i), 2 the economic loss for an eligible commodity 3 shall be equal to the difference between— 4 (i) the expected cost of production per 5 acre for that eligible commodity, as deter6 mined under paragraph (3); and 7 (ii) the expected gross return per acre 8 for that eligible commodity, as determined 9 under paragraph (2). 10 (C) For purposes of subparagraph (A)(ii), 11 the eligible acres of an eligible commodity on a 12 farm shall be equal to the sum obtained by add13 ing— 14 (i) the acreage planted on the farm to 15 that eligible commodity for harvest, graz16 ing, haying, silage, or other similar pur17 poses for the 2024 crop year; and 18 (ii) an amount equal to 50 percent of 19 the acreage on the farm that was pre20 vented from being planted during the 2024 21 crop year to that eligible commodity be22 cause of drought, flood, or other natural 23 disaster, or other condition beyond the con24 trol of the producers on the farm, as deter25 mined by the Secretary. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 38. 38 1 (D) For purposes of subparagraph (C)(i), 2 the Secretary shall consider acreage planted to 3 include any land devoted to planted acres for 4 accepted skip-row planting patterns, as deter5 mined by the Secretary. 6 (E) If the Secretary determines there is in7 sufficient data to determine the comparable es8 timate of gross returns with respect to an eligi9 ble commodity under paragraph (2)(B) or a 10 comparable total estimated cost-of-production 11 with respect to an eligible commodity under 12 paragraph (3)(B), the Secretary shall use data 13 related to a similarly situated commodity for 14 purposes of determining the payment amount 15 under this paragraph. 16 (5) In no case shall the amount of an economic 17 assistance payment to a producer for an eligible 18 commodity under paragraph (1) be equal to less 19 than the product obtained by multiplying— 20 (A) 8 percent of the reference price for the 21 eligible commodity described in section 22 1111(19) of the Agricultural Act of 2014 (7 23 U.S.C. 9011(19)); VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 39. 39 1 (B) the national average payment yield for 2 the eligible commodity described in section 3 1111(15) of that Act (7 U.S.C. 9011(15)); and 4 (C) the number of eligible acres for the eli5 gible commodity described in paragraph (4)(C). 6 (b)(1) Except as provided in paragraph (2), sections 7 1001, 1001A, 1001B, and 1001C of the Food Security 8 Act of 1985 (7 U.S.C. 1308, 1308–1, 1308–2, 1308–3) 9 shall apply with respect to assistance provided under this 10 section. 11 (2) The total amount of payments received, di12 rectly or indirectly, by a person or legal entity (ex13 cept a joint venture or general partnership) under 14 this section may not exceed— 15 (A) $125,000, if less than 75 percent of 16 the average gross income of the person or legal 17 entity for the 2020, 2021, and 2022 tax years 18 is derived from farming, ranching, or 19 silviculture activities; and 20 (B) $250,000, if not less than 75 percent 21 of the average gross income of the person or 22 legal entity for the 2020, 2021, and 2022 tax 23 years is derived from farming, ranching, or 24 silviculture activities. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 40. 40 1 (3) The payment limitations under paragraph 2 (2) shall be separate from annual payment limita3 tions under any other program. 4 (c) In this section: 5 (1) The terms ‘‘extra-long staple cotton’’ and 6 ‘‘producer’’ have the meanings given those terms in 7 section 1111 of the Agricultural Act of 2014 (7 8 U.S.C. 9011). 9 (2) The term ‘‘cotton’’ means extra-long staple 10 cotton and upland cotton. 11 (3)(A) The term ‘‘eligible commodity’’ means a 12 loan commodity (as defined in section 1201(a) of the 13 Agricultural Act of 2014 (7 U.S.C. 9031(a)). 14 (B) The term ‘‘eligible commodity’’ does 15 not include graded wool, nongraded wool, mo16 hair, or honey. 17 (4) The terms ‘‘legal entity’’ and ‘‘person’’ have 18 the meanings given those terms in section 1001(a) 19 of the Food Security Act of 1985 (7 U.S.C. 20 1308(a)). 21 (5) The term ‘‘rice’’ means long grain rice and 22 medium grain rice. 23 (6) The term ‘‘Secretary’’ means the Secretary 24 of Agriculture. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 41. 41 1 (d) Amounts provided by this section are designated 2 by the Congress as being for an emergency requirement 3 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg4 et and Emergency Deficit Control Act of 1985. 5 TITLE II 6 DEPARTMENT OF COMMERCE 7 ECONOMIC DEVELOPMENT ADMINISTRATION 8 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 9 (INCLUDING TRANSFERS OF FUNDS) 10 For an additional amount for ‘‘Economic Develop11 ment Assistance Programs’’, $1,510,000,000, to remain 12 available until expended, pursuant to sections 209 and 703 13 of the Public Works and Economic Development Act (42 14 U.S.C. 3149 and 3233), for economic adjustment assist15 ance related to flood mitigation, disaster relief, long-term 16 recovery, and restoration of infrastructure in areas that 17 received a major disaster designation as a result of hurri18 canes, wildfires, severe storms and flooding, tornadoes, 19 and other natural disasters occurring in calendar years 20 2023 and 2024 under the Robert T. Stafford Disaster Re21 lief and Emergency Assistance Act (42 U.S.C. 5121 et 22 seq.): Provided, That within the amount appropriated 23 under this heading in this Act, up to 3 percent of funds 24 may be transferred to ‘‘Salaries and Expenses’’ for admin25 istration and oversight activities: Provided further, That VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 42. 42 1 within the amount appropriated under this heading in this 2 Act, $10,000,000 shall be transferred to the Delta Re3 gional Authority (7 U.S.C. 2009aa et seq.): Provided fur4 ther, That the Delta Regional Authority shall notify the 5 Committees on Appropriations of the House of Represent6 atives and the Senate 15 days prior to the obligation of 7 the amounts made available under the preceding proviso: 8 Provided further, That the Secretary of Commerce is au9 thorized to appoint and fix the compensation of such tem10 porary personnel as may be necessary to implement the 11 requirements under this heading in this Act, without re12 gard to the provisions of title 5, United States Code, gov13 erning appointments in the competitive service: Provided 14 further, That within the amount appropriated under this 15 heading in this Act, $7,000,000 shall be transferred to 16 ‘‘Departmental Management—Office of Inspector Gen17 eral’’ for carrying out investigations and audits related to 18 the funding provided under this heading in this Act: Pro19 vided further, That such amount is designated by the Con20 gress as being for an emergency requirement pursuant to 21 section 251(b)(2)(A)(i) of the Balanced Budget and 22 Emergency Deficit Control Act of 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 43. 43 1 NATIONAL OCEANIC AND ATMOSPHERIC 2 ADMINISTRATION 3 OPERATIONS, RESEARCH, AND FACILITIES 4 For an additional amount for ‘‘Operations, Research, 5 and Facilities’’ for necessary expenses related to the con6 sequences of hurricanes, typhoons, flooding, wildfires, and 7 other disasters in calendar years 2023 and 2024, 8 $244,000,000, to remain available until September 30, 9 2026, as follows: 10 (1) $144,000,000 for repair and replacement of 11 observing assets, real property, and equipment; for 12 marine debris assessment and removal; and for map13 ping, charting, and geodesy services; and 14 (2) $100,000,000 for necessary expenses re15 lated to the consequences of tornadoes, hurricanes, 16 typhoons, flooding, and wildfires in calendar year 17 2024; 18 Provided, That the National Oceanic and Atmospheric Ad19 ministration shall submit a spending plan to the Commit20 tees on Appropriations of the House of Representatives 21 and the Senate not later than 45 days after the date of 22 enactment of this Act: Provided further, That such amount 23 is designated by the Congress as being for an emergency 24 requirement pursuant to section 251(b)(2)(A)(i) of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 44. 44 1 Balanced Budget and Emergency Deficit Control Act of 2 1985. 3 PROCUREMENT, ACQUISITION AND CONSTRUCTION 4 For an additional amount for ‘‘Procurement, Acquisi5 tion and Construction’’ for necessary expenses related to 6 the consequences of hurricanes, typhoons, wildfires, volca7 noes, and other disasters in calendar years 2022, 2023 8 and 2024, $499,000,000, to remain available until ex9 pended, as follows: 10 (1) $100,000,000 for repair and replacement of 11 observing assets, real property, and equipment; and 12 (2) $399,000,000 for the acquisition of hurri13 cane hunter aircraft and related expenses as author14 ized under section 11708 of division K of Public 15 Law 117–263: 16 Provided, That the National Oceanic and Atmospheric Ad17 ministration shall submit a spending plan to the Commit18 tees on Appropriations of the House of Representatives 19 and the Senate not later than 45 days after the date of 20 enactment of this Act: Provided further, That such amount 21 is designated by the Congress as being for an emergency 22 requirement pursuant to section 251(b)(2)(A)(i) of the 23 Balanced Budget and Emergency Deficit Control Act of 24 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 45. 45 1 FISHERIES DISASTER ASSISTANCE 2 For an additional amount for ‘‘Fisheries Disaster As3 sistance’’ for necessary expenses associated with fishery 4 resource disaster relief as authorized by law, 5 $300,000,000, to remain available until expended: Pro6 vided, That notwithstanding section 312(a)(3)(A) of the 7 Magnuson-Stevens Fishery Conservation and Manage8 ment Act (18 U.S.C. 1861a(a)(3)(A)), any request for a 9 fishery resource disaster determination in Tribal salmon 10 and urchin fisheries received by the Secretary prior to 11 September 30, 2025, may be evaluated by the Secretary: 12 Provided further, That a portion of the amounts provided 13 under this heading in this Act shall be used to provide 14 additional assistance up to the historical percentage for 15 positively determined disasters announced in calendar year 16 2024 that were partially funded: Provided further, That 17 such amount is designated by the Congress as being for 18 an emergency requirement pursuant to section 19 251(b)(2)(A)(i) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21 DEPARTMENT OF JUSTICE 22 UNITED STATES MARSHALS SERVICE 23 SALARIES AND EXPENSES 24 For an additional amount for ‘‘Salaries and Ex25 penses’’, $12,000,000, to remain available until September VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 46. 46 1 30, 2027, for necessary expenses related to the protection 2 of the residences of the Supreme Court Justices: Provided, 3 That such amount is designated by the Congress as being 4 for an emergency requirement pursuant to section 5 251(b)(2)(A)(i) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 FEDERAL PRISON SYSTEM 8 BUILDINGS AND FACILITIES 9 For an additional amount for ‘‘Buildings and Facili10 ties’’, $64,795,500, to remain available until expended, for 11 necessary expenses related to the consequences of major 12 disasters: Provided, That such amount is designated by 13 the Congress as being for an emergency requirement pur14 suant to section 251(b)(2)(A)(i) of the Balanced Budget 15 and Emergency Deficit Control Act of 1985. 16 SCIENCE 17 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 18 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND 19 RESTORATION 20 (INCLUDING TRANSFER OF FUNDS) 21 For an additional amount for ‘‘Construction and En22 vironmental Compliance and Restoration’’ for repair and 23 replacement of National Aeronautics and Space Adminis24 tration facilities damaged by hurricanes, tropical storms, 25 typhoons, and tornadoes in calendar years 2023 and 2024, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 47. 47 1 $740,200,000, to remain available until expended: Pro2 vided, That up to 20 percent of such amount may be 3 transferred to ‘‘Space Operations’’ for necessary expenses 4 related to communications facilities and equipment, re5 quired remediation, and alternative operations caused by 6 Typhoon Mawar: Provided further, That except as pro7 vided in the preceding proviso, the amounts appropriated 8 under this heading in this Act shall not be available for 9 transfer under any transfer authority provided for the Na10 tional Aeronautics and Space Administration in an appro11 priation Act for fiscal year 2025: Provided further, That 12 the National Aeronautics and Space Administration shall 13 submit a spending plan to the Committees on Appropria14 tions of the House of Representatives and the Senate not 15 later than 45 days after the date of enactment of this Act: 16 Provided further, That such amount is designated by the 17 Congress as being for an emergency requirement pursuant 18 to section 251(b)(2)(A)(i) of the Balanced Budget and 19 Emergency Deficit Control Act of 1985. 20 TITLE III 21 DEPARTMENT OF DEFENSE 22 OPERATION AND MAINTENANCE 23 OPERATION AND MAINTENANCE, ARMY 24 For an additional amount for ‘‘Operation and Main25 tenance, Army’’, $451,894,000, to remain available until VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 48. 48 1 September 30, 2025, for necessary expenses related to the 2 consequences of severe storms, straight-line winds, torna3 does, microbursts, and hurricanes in calendar years 2023 4 and 2024: Provided, That such amount is designated by 5 the Congress as being for an emergency requirement pur6 suant to section 251(b)(2)(A)(i) of the Balanced Budget 7 and Emergency Deficit Control Act of 1985. 8 OPERATION AND MAINTENANCE, NAVY 9 For an additional amount for ‘‘Operation and Main10 tenance, Navy’’, $1,454,153,000, to remain available until 11 September 30, 2025, for necessary expenses related to the 12 consequences of Hurricanes Ian, Nicole, Idalia, Helene, 13 and Milton, Typhoon Mawar, and severe storms in cal14 endar year 2023: Provided, That such amount is des15 ignated by the Congress as being for an emergency re16 quirement pursuant to section 251(b)(2)(A)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 18 OPERATION AND MAINTENANCE, MARINE CORPS 19 For an additional amount for ‘‘Operation and Main20 tenance, Marine Corps’’, $8,900,000, to remain available 21 until September 30, 2025, for necessary expenses related 22 to the consequences of Hurricanes Helene and Milton: 23 Provided, That such amount is designated by the Congress 24 as being for an emergency requirement pursuant to secVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 49. 49 1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer2 gency Deficit Control Act of 1985. 3 OPERATION AND MAINTENANCE, AIR FORCE 4 For an additional amount for ‘‘Operation and Main5 tenance, Air Force’’, $912,778,000, to remain available 6 until September 30, 2025, for necessary expenses related 7 to the consequences of Hurricanes Helene and Milton and 8 Typhoon Mawar: Provided, That such amount is des9 ignated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 12 OPERATION AND MAINTENANCE, SPACE FORCE 13 For an additional amount for ‘‘Operation and Main14 tenance, Space Force’’, $90,230,000, to remain available 15 until September 30, 2025, for necessary expenses related 16 to the consequences of Hurricanes Helene and Milton and 17 Typhoon Mawar: Provided, That such amount is des18 ignated by the Congress as being for an emergency re19 quirement pursuant to section 251(b)(2)(A)(i) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985. 21 OPERATION AND MAINTENANCE, DEFENSE-WIDE 22 For an additional amount for ‘‘Operation and Main23 tenance, Defense-Wide’’, $1,208,000, to remain available 24 until September 30, 2025, for necessary expenses related 25 to the consequences of Hurricanes Helene and Milton: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 50. 50 1 Provided, That such amount is designated by the Congress 2 as being for an emergency requirement pursuant to sec3 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer4 gency Deficit Control Act of 1985. 5 OPERATION AND MAINTENANCE, ARMY RESERVE 6 For an additional amount for ‘‘Operation and Main7 tenance, Army Reserve’’, $19,594,000, to remain available 8 until September 30, 2025, for necessary expenses related 9 to the consequences of Hurricanes Helene and Milton and 10 microbursts in calendar year 2024: Provided, That such 11 amount is designated by the Congress as being for an 12 emergency requirement pursuant to section 13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. 15 OPERATION AND MAINTENANCE, AIR FORCE RESERVE 16 For an additional amount for ‘‘Operation and Main17 tenance, Air Force Reserve’’, $1,319,000, to remain avail18 able until September 30, 2025, for necessary expenses re19 lated to the consequences of Hurricanes Helene and Mil20 ton and Typhoon Mawar: Provided, That such amount is 21 designated by the Congress as being for an emergency re22 quirement pursuant to section 251(b)(2)(A)(i) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 51. 51 1 OPERATION AND MAINTENANCE, ARMY NATIONAL 2 GUARD 3 For an additional amount for ‘‘Operation and Main4 tenance, Army National Guard’’, $26,065,000, to remain 5 available until September 30, 2025, for necessary expenses 6 related to the consequences of Hurricanes Helene and Mil7 ton, Typhoon Mawar, and severe storms in calendar years 8 2023 and 2024: Provided, That such amount is designated 9 by the Congress as being for an emergency requirement 10 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg11 et and Emergency Deficit Control Act of 1985. 12 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 13 For an additional amount for ‘‘Operation and Main14 tenance, Air National Guard’’, $2,209,000, to remain 15 available until September 30, 2025, for necessary expenses 16 related to the consequences of Hurricane Helene and Ty17 phoon Mawar: Provided, That such amount is designated 18 by the Congress as being for an emergency requirement 19 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg20 et and Emergency Deficit Control Act of 1985. 21 PROCUREMENT 22 PROCUREMENT OF AMMUNITION, ARMY 23 For an additional amount for ‘‘Procurement of Am24 munition, Army’’, $125,100,000, to remain available until 25 September 30, 2027, for necessary expenses related to the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 52. 52 1 consequences of Hurricane Helene: Provided, That such 2 amount is designated by the Congress as being for an 3 emergency requirement pursuant to section 4 251(b)(2)(A)(i) of the Balanced Budget and Emergency 5 Deficit Control Act of 1985. 6 OTHER PROCUREMENT, AIR FORCE 7 For an additional amount for ‘‘Other Procurement, 8 Air Force’’, $129,722,000, to remain available until Sep9 tember 30, 2027, for necessary expenses related to the 10 consequences of Typhoon Mawar: Provided, That such 11 amount is designated by the Congress as being for an 12 emergency requirement pursuant to section 13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. 15 PROCUREMENT, SPACE FORCE 16 For an additional amount for ‘‘Procurement, Space 17 Force’’, $37,994,000, to remain available until September 18 30, 2027, for necessary expenses related to the con19 sequences of Typhoon Mawar: Provided, That such 20 amount is designated by the Congress as being for an 21 emergency requirement pursuant to section 22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 23 Deficit Control Act of 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 53. 53 1 RESEARCH, DEVELOPMENT, TEST AND 2 EVALUATION 3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 4 ARMY 5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Army’’, $41,400,000, to re7 main available until September 30, 2026, for necessary ex8 penses related to the consequences of severe storms and 9 wave overwash: Provided, That such amount is designated 10 by the Congress as being for an emergency requirement 11 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg12 et and Emergency Deficit Control Act of 1985. 13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 14 AIR FORCE 15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Air Force’’, $69,278,000, to 17 remain available until September 30, 2026, for necessary 18 expenses related to the consequences of Typhoon Mawar: 19 Provided, That such amount is designated by the Congress 20 as being for an emergency requirement pursuant to sec21 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer22 gency Deficit Control Act of 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 54. 54 1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 2 DEFENSE HEALTH PROGRAM 3 For an additional amount for ‘‘Defense Health Pro4 gram’’, $17,362,000, to remain available until September 5 30, 2025, for necessary expenses related to the con6 sequences of Hurricanes Helene and Milton: Provided, 7 That such amount is designated by the Congress as being 8 for an emergency requirement pursuant to section 9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 TITLE IV 12 CORPS OF ENGINEERS—CIVIL 13 DEPARTMENT OF THE ARMY 14 CORPS OF ENGINEERS—CIVIL 15 INVESTIGATIONS 16 For an additional amount for ‘‘Investigations’’, 17 $20,000,000, to remain available until expended, for nec18 essary expenses related to the completion, or initiation and 19 completion, of flood and storm damage reduction, includ20 ing shore protection, studies that are currently authorized, 21 to reduce risks from future floods and hurricanes, at full 22 Federal expense: Provided, That amounts made available 23 under this heading in this Act shall be for high-priority 24 studies of projects in States and insular areas with a 25 major disaster, including for glacial lake outbursts, in calVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 55. 55 1 endar year 2022, 2023, or 2024: Provided further, That 2 not later than 60 days after the date of enactment of this 3 Act and not less than three business days prior to public 4 release, the Chief of Engineers shall submit directly to the 5 Committees on Appropriations of the House of Represent6 atives and the Senate a detailed work plan for the funds 7 provided under this heading in this Act, including a list 8 of study locations, new studies selected to be initiated, the 9 total cost for each study selected for funding, the remain10 ing cost for each ongoing study selected for funding, and 11 a schedule by fiscal year of the proposed use of such funds: 12 Provided further, That the Secretary of the Army shall not 13 deviate from the work plan, once the plan has been sub14 mitted to such Committees: Provided further, That funds 15 included in a submitted work plan shall be deemed allo16 cated to specific projects and subject to the reprogram17 ming requirements specified in section 101(6) of the En18 ergy and Water Development and Related Agencies Ap19 propriations Act, 2024: Provided further, That beginning 20 not later than 60 days after the date of enactment of this 21 Act and until all amounts provided under this heading in 22 this Act have been expended, the Assistant Secretary of 23 the Army for Civil Works shall provide a quarterly report 24 directly to such Committees detailing the allocation, obli25 gation, and expenditure of the funds provided under this VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 56. 56 1 heading in this Act: Provided further, That such amount 2 is designated by the Congress as being for an emergency 3 requirement pursuant to section 251(b)(2)(A)(i) of the 4 Balanced Budget and Emergency Deficit Control Act of 5 1985. 6 CONSTRUCTION 7 For an additional amount for ‘‘Construction’’, 8 $700,000,000, to remain available until expended, for nec9 essary expenses to address emergency situations at Corps 10 of Engineers projects, construct Corps of Engineers 11 projects, and rehabilitate and repair damages caused by 12 natural disasters to Corps of Engineers projects: Provided, 13 That of the amount provided under this heading in this 14 Act, $100,000,000 shall be used for continuing authorities 15 projects to reduce the risk of flooding and storm damage, 16 notwithstanding project number or program cost limita17 tions: Provided further, That of the amount provided 18 under this heading in this Act, $300,000,000 shall be to 19 complete, or initiate and complete, without regard to new 20 start or new investment decision considerations, a useful 21 increment of work for water-related environmental infra22 structure assistance in States and insular areas that were 23 impacted by disasters occurring in or prior to calendar 24 year 2024: Provided further, That of the amount provided 25 under this heading in this Act, $300,000,000 shall be for VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 57. 57 1 projects that have previously received funds under this 2 heading in chapter 4 of title X of the Disaster Relief Ap3 propriations Act, 2013 (division A of Public Law 113–2), 4 title IV of division B of the Bipartisan Budget Act of 2018 5 (Public Law 115–123), or title IV of the Disaster Relief 6 Supplemental Appropriations Act, 2022 (division B of 7 Public Law 117–43), and for which non-Federal interests 8 have entered into binding agreements with the Secretary 9 as of the date of enactment of this Act: Provided further, 10 That each project receiving funds pursuant to the pre11 ceding proviso shall be subject to the terms and conditions 12 of such chapter 4 of title X of the Disaster Relief Appro13 priations Act, 2013 (division A of Public Law 113–2), title 14 IV of division B of the Bipartisan Budget Act of 2018 15 (Public Law 115–123), or title IV of the Disaster Relief 16 Supplemental Appropriations Act, 2022 (division B of 17 Public Law 117–43), and as specifically modified by sec18 tion 111 of the Energy and Water Development and Re19 lated Agencies Appropriations Act, 2024 (division D of 20 Public Law 118–42), as applicable: Provided further, That 21 of the amount provided under this heading in this Act, 22 such sums as are necessary to cover the Federal share of 23 eligible construction costs for coastal harbors and chan24 nels, and for inland harbors eligible to be derived from 25 the Harbor Maintenance Trust Fund under section 101 VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 58. 58 1 or section 104 of the Water Resources and Development 2 Act of 2020 shall be derived from the general fund of the 3 Treasury: Provided further, That for projects receiving 4 funding under this heading in this Act, the limitation con5 cerning total project costs in section 902 of the Water Re6 sources Development Act of 1986 (Public Law 99–662) 7 shall not apply to funds provided under this heading in 8 this Act: Provided further, That for any projects using 9 funding provided under this heading in this Act, the non10 Federal cash contribution for projects shall be financed 11 in accordance with the provisions of section 103(k) of Pub12 lic Law 99–662 over a period of 30 years from the date 13 of completion of the project, separable element, or useful 14 increment: Provided further, That any projects initiated 15 using funds provided under this heading in this Act shall 16 be initiated only after non-Federal interests have entered 17 into binding agreements with the Secretary requiring, 18 where applicable, the non-Federal interests to pay 100 19 percent of the operation, maintenance, repair, replace20 ment, and rehabilitation costs of the project and to hold 21 and save the United States free from damages due to the 22 construction or operation and maintenance of the project, 23 except for damages due to the fault or negligence of the 24 United States or its contractors: Provided further, That 25 not later than 60 days after the date of enactment of this VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 59. 59 1 Act and not less than three business days prior to public 2 release, the Chief of Engineers shall submit directly to the 3 Committees on Appropriations of the House of Represent4 atives and the Senate a detailed work plan for the funds 5 provided under this heading in this Act, including a list 6 of project locations, the total cost for all projects, and a 7 schedule by fiscal year of proposed use of such funds: Pro8 vided further, That the Secretary shall not deviate from 9 the work plan, once the plan has been submitted to such 10 Committees: Provided further, That funds included in a 11 submitted work plan shall be deemed allocated to specific 12 projects and subject to the reprogramming requirements 13 specified in section 101(7) of the Energy and Water De14 velopment and Related Agencies Appropriations Act, 15 2024: Provided further, That beginning not later than 60 16 days after the date of enactment of this Act and until all 17 amounts provided under this heading in this Act have been 18 expended, the Assistant Secretary of the Army for Civil 19 Works shall provide a quarterly report directly to such 20 Committees detailing the allocation, obligation, and ex21 penditure of the funds provided under this heading in this 22 Act: Provided further, That such amount is designated by 23 the Congress as being for an emergency requirement pur24 suant to section 251(b)(2)(A)(i) of the Balanced Budget 25 and Emergency Deficit Control Act of 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 60. 60 1 MISSISSIPPI RIVER AND TRIBUTARIES 2 For an additional amount for ‘‘Mississippi River and 3 Tributaries’’, $50,000,000, to remain available until ex4 pended, for necessary expenses to address emergency situ5 ations at Corps of Engineers projects, and to construct, 6 and rehabilitate and repair damages to Corps of Engineers 7 projects, caused by natural disasters: Provided, That be8 ginning not later than 60 days after the date of enactment 9 of this Act and until all amounts provided under this head10 ing in this Act have been expended, the Assistant Sec11 retary of the Army for Civil Works shall provide a quar12 terly report directly to the Committees on Appropriations 13 of the House of Representatives and the Senate detailing 14 the allocation, obligation, and expenditure of the funds 15 provided under this heading in this Act: Provided further, 16 That such amount is designated by the Congress as being 17 for an emergency requirement pursuant to section 18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 19 Deficit Control Act of 1985. 20 FLOOD CONTROL AND COASTAL EMERGENCIES 21 For an additional amount for ‘‘Flood Control and 22 Coastal Emergencies’’, as authorized by section 5 of the 23 Act of August 18, 1941 (33 U.S.C. 701n), $745,000,000, 24 to remain available until expended, for necessary expenses 25 to prepare for flood, hurricane, and other natural disasters VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 61. 61 1 and support emergency operations, repairs, and other ac2 tivities in response to such disasters, as authorized by law: 3 Provided, That funding provided under this heading in 4 this Act utilized to repair authorized shore protection 5 projects shall restore such projects to their full project 6 profile at full Federal expense: Provided further, That be7 ginning not later than 60 days after the date of enactment 8 of this Act and until all amounts provided under this head9 ing in this Act have been expended, the Chief of Engineers 10 shall provide a quarterly report directly to the Committees 11 on Appropriations of the House of Representatives and the 12 Senate detailing the allocation, obligation, and expenditure 13 of the funds provided under this heading in this Act: Pro14 vided further, That such amount is designated by the Con15 gress as being for an emergency requirement pursuant to 16 section 251(b)(2)(A)(i) of the Balanced Budget and 17 Emergency Deficit Control Act of 1985. 18 DEPARTMENT OF THE INTERIOR 19 BUREAU OF RECLAMATION 20 WATER AND RELATED RESOURCES 21 For an additional amount for ‘‘Water and Related 22 Resources’’, $74,464,000, to remain available until ex23 pended, of which $27,930,000 shall be for necessary ex24 penses related to the consequences of natural disasters 25 that occurring in or prior to calendar year 2024: Provided, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 62. 62 1 That $46,534,000 shall be available for deposit into the 2 Aging Infrastructure Account established by section 3 9603(d)(1) of the Omnibus Public Land Management Act 4 of 2009 (43 U.S.C. 510b(d)(1)), and shall be made avail5 able for reserved or transferred works that have suffered 6 a critical failure, in accordance with section 40901(2)(A) 7 of division D of Public Law 117–58: Provided further, 8 That such amount is designated by the Congress as being 9 for an emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 DEPARTMENT OF ENERGY 13 ENERGY PROGRAMS 14 STRATEGIC PETROLEUM RESERVE 15 For an additional amount for ‘‘Strategic Petroleum 16 Reserve’’, $60,000,000, to remain available until ex17 pended, for necessary expenses related to damages caused 18 by natural disasters: Provided, That such amount is des19 ignated by the Congress as being for an emergency re20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal21 anced Budget and Emergency Deficit Control Act of 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 63. 63 1 ATOMIC ENERGY DEFENSE ACTIVITIES 2 NATIONAL NUCLEAR SECURITY 3 ADMINISTRATION 4 WEAPONS ACTIVITIES 5 For an additional amount for ‘‘Weapons Activities’’, 6 $1,884,000, to remain available until expended, for nec7 essary expenses related to damages caused by Hurricanes 8 Helene and Milton: Provided, That such amount is des9 ignated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 12 ENVIRONMENTAL AND OTHER DEFENSE 13 ACTIVITIES 14 DEFENSE ENVIRONMENTAL CLEANUP 15 For an additional amount for ‘‘Defense Environ16 mental Cleanup’’, $2,415,000, to remain available until 17 expended, for necessary expenses related to damages 18 caused by Hurricanes Helene and Milton: Provided, That 19 such amount is designated by the Congress as being for 20 an emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 64. 64 1 TITLE V 2 THE JUDICIARY 3 SUPREME COURT OF THE UNITED STATES 4 SALARIES AND EXPENSES 5 For an additional amount for ‘‘Salaries and Ex6 penses’’, $13,597,000, to remain available until expended, 7 for protection of the residences of the Supreme Court Jus8 tices: Provided, That such amount is designated by the 9 Congress as being for an emergency requirement pursuant 10 to section 251(b)(2)(A)(i) of the Balanced Budget and 11 Emergency Deficit Control Act of 1985. 12 INDEPENDENT AGENCIES 13 SMALL BUSINESS ADMINISTRATION 14 DISASTER LOANS PROGRAM ACCOUNT 15 (INCLUDING TRANSFER OF FUNDS) 16 For an additional amount for ‘‘Disaster Loans Pro17 gram Account’’ for the cost of direct loans authorized by 18 section 7(b) of the Small Business Act, $2,249,000,000, 19 to remain available until expended, of which $50,000,000 20 shall be transferred to ‘‘Small Business Administration— 21 Office of Inspector General’’ for audits and reviews of dis22 aster loans and the disaster loans programs, and of which 23 $613,000,000 may be transferred to ‘‘Small Business Ad24 ministration—Salaries and Expenses’’ for administrative 25 expenses to carry out the disaster loan program authorized VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 65. 65 1 by section 7(b) of the Small Business Act: Provided, That 2 such amount is designated by the Congress as being for 3 an emergency requirement pursuant to section 4 251(b)(2)(A)(i) of the Balanced Budget and Emergency 5 Deficit Control Act of 1985. 6 TITLE VI 7 DEPARTMENT OF HOMELAND SECURITY 8 SECURITY, ENFORCEMENT, AND 9 INVESTIGATIONS 10 COAST GUARD 11 OPERATIONS AND SUPPORT 12 For an additional amount for ‘‘Operations and Sup13 port’’, $102,500,000, to remain available until September 14 30, 2027, for necessary expenses related to the con15 sequences of the Francis Scott Key Bridge collapse and 16 other disasters, including for minor repairs, maintenance, 17 and environmental remediation costs: Provided, That the 18 Commandant of the Coast Guard shall provide to the 19 Committees on Appropriations of the House of Represent20 atives and the Senate an expenditure plan and quarterly 21 updates for the expenditure of such funds: Provided fur22 ther, That such amount is designated by the Congress as 23 being for an emergency requirement pursuant to section 24 251(b)(2)(A)(i) of the Balanced Budget and Emergency 25 Deficit Control Act of 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 66. 66 1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 2 For an additional amount for ‘‘Procurement, Con3 struction, and Improvements’’, $210,200,000, to remain 4 available until September 30, 2029, for necessary expenses 5 related to the consequences of disasters: Provided, That 6 the Commandant of the Coast Guard shall provide to the 7 Committees on Appropriations of the House of Represent8 atives and the Senate an expenditure plan and quarterly 9 updates for the expenditure of such funds: Provided fur10 ther, That such amount is designated by the Congress as 11 being for an emergency requirement pursuant to section 12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14 PROTECTION, PREPAREDNESS, RESPONSE, AND 15 RECOVERY 16 FEDERAL EMERGENCY MANAGEMENT AGENCY 17 DISASTER RELIEF FUND 18 (INCLUDING TRANSFER OF FUNDS) 19 For an additional amount for ‘‘Disaster Relief 20 Fund’’, $29,000,000,000, to remain available until ex21 pended, of which $28,000,000,000 shall be for major dis22 asters declared pursuant to the Robert T. Stafford Dis23 aster Relief and Emergency Assistance Act (42 U.S.C. 24 5121 et seq.): Provided, That $4,000,000 shall be trans25 ferred to ‘‘Office of Inspector General—Operations and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 67. 67 1 Support’’ for audits and investigations funded under 2 ‘‘Federal Emergency Management Agency—Disaster Re3 lief Fund’’: Provided further, That such amount is des4 ignated by the Congress as being for an emergency re5 quirement pursuant to section 251(b)(2)(A)(i) of the Bal6 anced Budget and Emergency Deficit Control Act of 1985. 7 HERMIT’S PEAK/CALF CANYON FIRE ASSISTANCE 8 ACCOUNT 9 (INCLUDING TRANSFER OF FUNDS) 10 For an additional amount for ‘‘Hermit’s Peak/Calf 11 Canyon Fire Assistance Account’’, $1,500,000,000, to re12 main available until expended: Provided, That $1,000,000 13 shall be transferred to ‘‘Office of Inspector General—Op14 erations and Support’’ for oversight of activities author15 ized by the Hermit’s Peak/Calf Canyon Fire Assistance 16 Act: Provided further, That the amounts provided under 17 this heading in this Act shall be subject to the reporting 18 requirement in the third proviso of section 136 of the Con19 tinuing Appropriations Act, 2023 (division A of Public 20 Law 117–180): Provided further, That amounts provided 21 under this heading in this Act shall be subject to the same 22 authorities and conditions as if such amounts were pro23 vided by title III of the Department of Homeland Security 24 Appropriations Act, 2024 (division C of Public Law 118– 25 47): Provided further, That such amount is designated by VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 68. 68 1 the Congress as being for an emergency requirement pur2 suant to section 251(b)(2)(A)(i) of the Balanced Budget 3 and Emergency Deficit Control Act of 1985. 4 RESEARCH, DEVELOPMENT, TRAINING, AND 5 SERVICES 6 FEDERAL LAW ENFORCEMENT TRAINING CENTERS 7 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 8 For an additional amount for ‘‘Procurement, Con9 struction, and Improvements’’, $14,020,000, to remain 10 available until September 30, 2029, for necessary expenses 11 relating to the consequences of disasters: Provided, That 12 such amount is designated by the Congress as being for 13 an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 TITLE VII 17 DEPARTMENT OF THE INTERIOR 18 BUREAU OF LAND MANAGEMENT 19 MANAGEMENT OF LANDS AND RESOURCES 20 For an additional amount for ‘‘Management of Lands 21 and Resources’’, $58,115,000, to remain available until 22 expended, for necessary expenses related to the con23 sequences of natural disasters occurring in and prior to 24 calendar year 2024: Provided, That such amount is des25 ignated by the Congress as being for an emergency reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 69. 69 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 UNITED STATES FISH AND WILDLIFE SERVICE 4 CONSTRUCTION 5 For an additional amount for ‘‘Construction’’, 6 $500,000,000, to remain available until expended, for nec7 essary expenses related to the consequences of natural dis8 asters occurring in and prior to calendar year 2024: Pro9 vided, That such amount is designated by the Congress 10 as being for an emergency requirement pursuant to sec11 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 13 NATIONAL PARK SERVICE 14 HISTORIC PRESERVATION FUND 15 For an additional amount for ‘‘Historic Preservation 16 Fund’’, $50,000,000, to remain available until expended, 17 for necessary expenses related to the consequences of nat18 ural disasters occurring in and prior to calendar year 19 2024, including costs to States, Tribes, and territories 20 necessary to complete compliance activities required by 21 section 306108 of title 54, United States Code, and costs 22 needed to administer the program: Provided, That funds 23 appropriated under this heading in this Act shall be used 24 for historic and cultural resource preservation work that 25 meets the Secretary of the Interior’s Standards and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 70. 70 1 Guidelines as published in the Federal Register (Vol. 48, 2 No. 190, September 29, 1983), to include Reconstruction 3 of National Register listed or eligible sites: Provided fur4 ther, That grants using funds appropriated under this 5 heading in this Act shall only be available for areas that 6 have received a major disaster declaration pursuant to the 7 Robert T. Stafford Disaster Relief and Emergency Assist8 ance Act (42 U.S.C. 5121 et seq.): Provided further, That 9 such grants shall not be subject to a non-Federal matching 10 requirement: Provided further, That such amount is des11 ignated by the Congress as being for an emergency re12 quirement pursuant to section 251(b)(2)(A)(i) of the Bal13 anced Budget and Emergency Deficit Control Act of 1985. 14 CONSTRUCTION 15 For an additional amount for ‘‘Construction’’, 16 $2,262,871,000, to remain available until expended, for 17 necessary expenses related to the consequences of disas18 ters, including hurricanes, tropical storms, tornadoes, and 19 other severe storms, wildfire, fire, and flooding occurring 20 in and prior to calendar year 2024: Provided, That such 21 amount is designated by the Congress as being for an 22 emergency requirement pursuant to section 23 251(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 71. 71 1 UNITED STATES GEOLOGICAL SURVEY 2 SURVEYS, INVESTIGATIONS, AND RESEARCH 3 For an additional amount for ‘‘Surveys, Investiga4 tions, and Research’’, $2,743,000, to remain available 5 until expended, for necessary expenses related to the con6 sequences of natural disasters occurring in and prior to 7 calendar year 2024: Provided, That such amount is des8 ignated by the Congress as being for an emergency re9 quirement pursuant to section 251(b)(2)(A)(i) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 11 INDIAN AFFAIRS 12 BUREAU OF INDIAN AFFAIRS 13 OPERATION OF INDIAN PROGRAMS 14 For an additional amount for ‘‘Operation of Indian 15 Programs’’, $17,765,000, to remain available until ex16 pended, for necessary expenses related to the consequences 17 of natural disasters occurring in and prior to calendar 18 year 2024: Provided, That such amount is designated by 19 the Congress as being for an emergency requirement pur20 suant to section 251(b)(2)(A)(i) of the Balanced Budget 21 and Emergency Deficit Control Act of 1985. 22 BUREAU OF INDIAN EDUCATION 23 EDUCATION CONSTRUCTION 24 For an additional amount for ‘‘Education Construc25 tion’’, $153,000,000, to remain available until expended, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 72. 72 1 for necessary expenses related to the consequences of nat2 ural disasters occurring in and prior to calendar year 3 2024: Provided, That such amount is designated by the 4 Congress as being for an emergency requirement pursuant 5 to section 251(b)(2)(A)(i) of the Balanced Budget and 6 Emergency Deficit Control Act of 1985. 7 OFFICE OF INSPECTOR GENERAL 8 SALARIES AND EXPENSES 9 For an additional amount for ‘‘Salaries and Ex10 penses’’, $8,000,000, to remain available until expended, 11 for oversight of the Department of the Interior activities 12 funded by this Act: Provided, That such amount is des13 ignated by the Congress as being for an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 16 ENVIRONMENTAL PROTECTION AGENCY 17 LEAKING UNDERGROUND STORAGE TANK TRUST FUND 18 PROGRAM 19 For an additional amount for ‘‘Leaking Underground 20 Storage Tank Trust Fund Program’’, $17,000,000, to re21 main available until expended, for necessary expenses re22 lated to the consequences of Hurricanes Helene and 23 Hilary: Provided, That such amount is designated by the 24 Congress as being for an emergency requirement pursuant VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 73. 73 1 to section 251(b)(2)(A)(i) of the Balanced Budget and 2 Emergency Deficit Control Act of 1985. 3 STATE AND TRIBAL ASSISTANCE GRANTS 4 For an additional amount for ‘‘State and Tribal As5 sistance Grants’’, $3,000,000,000 to remain available 6 until expended, of which $1,230,000,000 shall be for cap7 italization grants for the Clean Water State Revolving 8 Funds under title VI of the Federal Water Pollution Con9 trol Act, and of which $1,770,000,000 shall be for capital10 ization grants under section 1452 of the Safe Drinking 11 Water Act: Provided, That notwithstanding section 604(a) 12 of the Federal Water Pollution Control Act and section 13 1452(a)(1)(D) of the Safe Drinking Water Act, funds ap14 propriated under this paragraph in this Act shall be pro15 vided to States or territories in EPA Regions 3, 4, and 16 9 in amounts determined by the Administrator of the En17 vironmental Protection Agency for wastewater treatment 18 works and drinking water facilities impacted by Hurri19 canes Helene and Milton and Hawaii wildfires: Provided 20 further, That notwithstanding the requirements of section 21 603(i) of the Federal Water Pollution Control Act and sec22 tion 1452(d) of the Safe Drinking Water Act, for the 23 funds appropriated under this paragraph in this Act, each 24 State shall use not less than 30 percent of the amount 25 of its capitalization grants to provide additional subsidizaVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 74. 74 1 tion to eligible recipients in the form of forgiveness of prin2 cipal, negative interest loans or grants, or any combination 3 of these: Provided further, That the funds appropriated 4 under this paragraph in this Act shall be used for eligible 5 projects whose purpose is to reduce flood or fire damage 6 risk and vulnerability or to enhance resiliency to rapid hy7 drologic change or natural disaster at treatment works, 8 as defined by section 212 of the Federal Water Pollution 9 Control Act, or any eligible facilities under section 1452 10 of the Safe Drinking Water Act, and for other eligible 11 tasks at such treatment works or facilities necessary to 12 further such purposes: Provided further, That the funds 13 provided under this paragraph in this Act shall not be sub14 ject to the matching or cost share requirements of section 15 1452(e) of the Safe Drinking Water Act: Provided further, 16 That funds provided under this paragraph in this Act shall 17 not be subject to the matching or cost share requirements 18 of sections 602(b)(2), 602(b)(3), or 202 of the Federal 19 Water Pollution Control Act: Provided further, That the 20 Administrator of the Environmental Protection Agency 21 may retain up to $5,000,000 of the funds appropriated 22 under this paragraph in this Act for management and 23 oversight: Provided further, That such amount is des24 ignated by the Congress as being for an emergency reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 75. 75 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 For an additional amount for ‘‘State and Tribal As4 sistance Grants’’, $85,000,000, to remain available until 5 expended, for capitalization grants for the Clean Water 6 State Revolving Funds under title VI of the Federal Water 7 Pollution Control Act: Provided, That notwithstanding 8 section 604(a) of the Federal Water Pollution Control Act, 9 funds appropriated under this paragraph in this Act shall 10 be provided to States or territories in EPA Regions 3 and 11 4 impacted by Hurricanes Helene and Milton in amounts 12 determined by the Administrator of the Environmental 13 Protection Agency to improve the resilience of decentral14 ized wastewater treatment systems to flooding, to assess 15 the potential to connect homes served by decentralized 16 wastewater treatment systems to centralized wastewater 17 systems, and to fund such connections: Provided further, 18 That notwithstanding the requirements of section 603(i) 19 of the Federal Water Pollution Control Act, for the funds 20 appropriated under this paragraph in this Act, each State 21 shall use 100 percent of the amount of its capitalization 22 grants to provide additional subsidization to eligible recipi23 ents in the form of forgiveness of principal, grants, nega24 tive interest loans, other loan forgiveness, and through 25 buying, refinancing, or restructuring debt or any combinaVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 76. 76 1 tion thereof: Provided further, That funds appropriated 2 under this paragraph in this Act shall not be subject to 3 the matching or cost share requirements of sections 4 602(b)(2), 602(b)(3), or 202 of the Federal Water Pollu5 tion Control Act: Provided further, That the Administrator 6 of the Environmental Protection Agency may retain up to 7 $3,000,000 of the funds appropriated under this para8 graph in this Act for management and oversight: Provided 9 further, That such amount is designated by the Congress 10 as being for an emergency requirement pursuant to sec11 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 13 For an additional amount for ‘‘State and Tribal As14 sistance Grants’’, $60,000,000, to remain available until 15 expended, for necessary expenses to address water emer16 gencies under section 1442(b) of the Safe Drinking Water 17 Act (42 U.S.C. 300j–1(b)) or section 504(a) of the Fed18 eral Water Pollution Control Act (33 U.S.C. 1364) in 19 States or territories in EPA Regions 3 and 4 impacted 20 by Hurricanes Helene and Milton: Provided, That notwith21 standing section 1442(b) of the Safe Drinking Water Act, 22 funds appropriated under this paragraph in this Act may 23 be used to provide technical assistance and grants regard24 less of whether the emergency situation presents a sub25 stantial danger to public health: Provided further, That VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 77. 77 1 notwithstanding section 1442(b) of the Safe Drinking 2 Water Act, funds appropriated under this paragraph in 3 this Act may be used to provide grants regardless of 4 whether such grants will be used to support actions that 5 would not otherwise be taken without emergency assist6 ance: Provided further, That funds appropriated under 7 this paragraph in this Act may be used to provide tech8 nical assistance and grants under section 1442(b) of the 9 Safe Drinking Water Act to any appropriate recipient, as 10 determined by the Administrator of the Environmental 11 Protection Agency, to assist in responding to and alle12 viating an emergency situation affecting a privately owned 13 water system: Provided further, That funds appropriated 14 under this paragraph in this Act may be used to take ac15 tions authorized under section 504(a) of the Federal 16 Water Pollution Control Act that the Administrator of the 17 Environmental Protection Agency deems necessary to pro18 tect the health or welfare of persons affected by a water 19 emergency, including other necessary actions and for pro20 viding technical assistance and grants to address such 21 water emergency: Provided further, That the Adminis22 trator of the Environmental Protection Agency may retain 23 up to $1,000,000 of the funds appropriated under this 24 paragraph in this Act for management and oversight: Pro25 vided further, That such amount is designated by the ConVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 78. 78 1 gress as being for an emergency requirement pursuant to 2 section 251(b)(2)(A)(i) of the Balanced Budget and 3 Emergency Deficit Control Act of 1985. 4 For an additional amount for ‘‘State and Tribal As5 sistance Grants’’, $10,000,000, to remain available until 6 expended, for grants and other activities authorized by 7 subsections (a) through (c) of section 103 of the Clean 8 Air Act (42 U.S.C. 7403) or section 105 of such Act (42 9 U.S.C. 7405) for necessary expenses related to the con10 sequences of Hurricanes Milton and Helene, including re11 pair or replacement of damaged air monitoring equipment: 12 Provided, That funds appropriated under this paragraph 13 in this Act may be awarded noncompetitively: Provided 14 further, That such amount is designated by the Congress 15 as being for an emergency requirement pursuant to sec16 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer17 gency Deficit Control Act of 1985. 18 For an additional amount for ‘‘State and Tribal As19 sistance Grants’’, $95,000,000, to remain available until 20 expended, for the hazardous waste financial assistance 21 grants program and other solid waste management activi22 ties for necessary expenses related to the consequences of 23 Hurricanes Helene and Milton: Provided, That none of the 24 funds appropriated under this paragraph in this Act shall 25 be subject to section 3011(b) of the Solid Waste Disposal VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 79. 79 1 Act: Provided further, That the Administrator of the Envi2 ronmental Protection Agency may retain up to $500,000 3 of the funds appropriated under this paragraph in this Act 4 for management and oversight: Provided further, That 5 such amount is designated by the Congress as being for 6 an emergency requirement pursuant to section 7 251(b)(2)(A)(i) of the Balanced Budget and Emergency 8 Deficit Control Act of 1985. 9 DEPARTMENT OF AGRICULTURE 10 FOREST SERVICE 11 FOREST SERVICE OPERATIONS 12 For an additional amount for ‘‘Forest Service Oper13 ations’’, $68,100,000, to remain available until expended, 14 for necessary expenses related to the consequences of cal15 endar year 2022, 2023, and 2024 wildfires, hurricanes, 16 and other natural disasters: Provided, That such amount 17 is designated by the Congress as being for an emergency 18 requirement pursuant to section 251(b)(2)(A)(i) of the 19 Balanced Budget and Emergency Deficit Control Act of 20 1985. 21 FOREST AND RANGELAND RESEARCH 22 For an additional amount for ‘‘Forest and Rangeland 23 Research’’, $26,000,000, to remain available until ex24 pended, for necessary expenses related to the consequences 25 of calendar year 2022, 2023, and 2024 wildfires, hurriVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 80. 80 1 canes, and other natural disasters: Provided, That such 2 amount is designated by the Congress as being for an 3 emergency requirement pursuant to section 4 251(b)(2)(A)(i) of the Balanced Budget and Emergency 5 Deficit Control Act of 1985. 6 STATE, PRIVATE, AND TRIBAL FORESTRY 7 For an additional amount for ‘‘State, Private, and 8 Tribal Forestry’’, $208,000,000, to remain available until 9 expended, for necessary expenses related to the con10 sequences of calendar year 2022, 2023, and 2024 11 wildfires, hurricanes, and other natural disasters: Pro12 vided, That of the amounts made available under this 13 heading in this Act, $14,000,000 shall be to provide For14 est Health Protection assistance to States for an emerging 15 eastern spruce budworm outbreak approaching the north16 eastern U.S. border: Provided further, That with respect 17 to the preceding proviso, an award of financial assistance 18 from the Forest Service will not be subject to a non-Fed19 eral cost-share requirement: Provided further, That such 20 amount is designated by the Congress as being for an 21 emergency requirement pursuant to section 22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 23 Deficit Control Act of 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 81. 81 1 NATIONAL FOREST SYSTEM 2 For an additional amount for ‘‘National Forest Sys3 tem’’, $2,523,000,000, to remain available until expended: 4 Provided, That of the amounts made available under this 5 heading in this Act, $2,448,000,000 shall be for necessary 6 expenses related to the consequences of calendar year 7 2022, 2023, and 2024 wildfires, hurricanes, and other 8 natural disasters: Provided further, That of the amounts 9 made available under this heading in this Act, 10 $75,000,000 shall be for the construction or maintenance 11 of shaded fuel breaks in the Pacific Regions: Provided fur12 ther, That such amount is designated by the Congress as 13 being for an emergency requirement pursuant to section 14 251(b)(2)(A)(i) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 CAPITAL IMPROVEMENT AND MAINTENANCE 17 For an additional amount for ‘‘Capital Improvement 18 and Maintenance’’, $3,525,000,000, to remain available 19 until expended, for necessary expenses related to the con20 sequences of calendar year 2022, 2023, and 2024 21 wildfires, hurricanes, and other natural disasters: Pro22 vided, That such amount is designated by the Congress 23 as being for an emergency requirement pursuant to sec24 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer25 gency Deficit Control Act of 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 82. 82 1 GENERAL PROVISIONS—THIS TITLE 2 SEC. 2701. Notwithstanding section 3304 of title 5, 3 United States Code, and without regard to the provisions 4 of sections 3309 through 3318 of such title 5, the Sec5 retary of the Interior and the Secretary of Agriculture, 6 acting through the Chief of the Forest Service, may re7 cruit and directly appoint highly qualified individuals into 8 the competitive service to address critical hiring needs for 9 the planning and execution of the projects and activities 10 funded in this title: Provided, That such authority shall 11 not apply to positions in the Excepted Service or the Sen12 ior Executive Service: Provided further, That any action 13 authorized herein shall be consistent with the merit prin14 ciples of section 2301 of such title 5, and the Department 15 of the Interior and the Department of Agriculture shall 16 comply with the public notice requirements of section 3327 17 of such title 5: Provided further, That the authority under 18 this section shall terminate on September 30, 2029: Pro19 vided further, That amounts provided by this section are 20 designated by the Congress as being for an emergency re21 quirement pursuant to section 251(b)(2)(A)(i) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985. 23 SEC. 2702. Not later than 45 days after the date of 24 enactment of this Act, the agencies receiving funds appro25 priated by this title shall provide a detailed operating plan VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 83. 83 1 of anticipated uses of funds made available in this title 2 by State and Territory, and by program, project, and ac3 tivity, to the Committees on Appropriations of the House 4 of Representatives and the Senate: Provided, That no such 5 funds shall be obligated before the operating plans are 6 provided to such Committees: Provided further, That such 7 plans shall be updated, including obligations and expendi8 tures to date, and submitted to such Committees on Ap9 propriations every 60 days until all such funds are ex10 pended. 11 TITLE VIII 12 DEPARTMENT OF HEALTH AND HUMAN 13 SERVICES 14 ADMINISTRATION FOR CHILDREN AND FAMILIES 15 PAYMENTS TO STATES FOR THE CHILD CARE AND 16 DEVELOPMENT BLOCK GRANT 17 For an additional amount for ‘‘Payments to States 18 for the Child Care and Development Block Grant’’, 19 $250,000,000, to remain available through September 30, 20 2026, for necessary expenses directly related to the con21 sequences of major disasters and emergencies declared 22 pursuant to the Robert T. Stafford Disaster Relief and 23 Emergency Assistance Act (42 U.S.C. 5121 et seq.) occur24 ring in 2023 and 2024 (referred to under this heading 25 in this Act as ‘‘covered disaster or emergency’’), including VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 84. 84 1 activities authorized under section 319(a) of the Public 2 Health Service Act: Provided, That the Secretary of 3 Health and Human Services shall allocate such funds to 4 States, territories, and Tribes based on assessed need not5 withstanding sections 658J and 658O of the Child Care 6 and Development Block Grant Act of 1990: Provided fur7 ther, That not to exceed 2 percent of funds appropriated 8 in this paragraph may be reserved, to remain available 9 until expended, for Federal administration costs: Provided 10 further, That such funds may be used for alteration, ren11 ovation, construction, equipment, and other capital im12 provement costs, including for child care facilities without 13 regard to section 658F(b) of such Act, and for other ex14 penditures related to child care, as necessary to meet the 15 needs of areas affected by a covered disaster or emergency: 16 Provided further, That funds made available in this para17 graph may be used without regard to section 658G of such 18 Act and with amounts allocated for such purposes ex19 cluded from the calculation of percentages under sub20 section 658E(c)(3) of such Act: Provided further, That 21 notwithstanding section 658J(c) of such Act, funds allot22 ted to a State may be obligated by the State in that fiscal 23 year or the succeeding three fiscal years: Provided further, 24 That Federal interest provisions will not apply to the ren25 ovation or construction of privately-owned family child VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 85. 85 1 care homes, and the Secretary of Health and Human 2 Services shall develop parameters on the use of funds for 3 family child care homes: Provided further, That the Sec4 retary shall not retain Federal interest after a period of 5 10 years (from the date on which the funds are made 6 available to purchase or improve the property) in any facil7 ity renovated or constructed with funds made available in 8 this paragraph: Provided further, That funds made avail9 able in this paragraph shall not be available for costs that 10 are reimbursed by the Federal Emergency Management 11 Agency, under a contract for insurance, or by self-insur12 ance: Provided further, That funds appropriated in this 13 paragraph may be made available to restore amounts, ei14 ther directly or through reimbursement, for obligations in15 curred for such purposes, prior to the date of enactment 16 of this Act: Provided further, That such amount is des17 ignated by the Congress as being for an emergency re18 quirement pursuant to section 251(b)(2)(A)(i) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 20 For an additional amount for ‘‘Payments to States 21 for the Child Care and Development Block Grant’’, 22 $250,000,000, to remain available until September 30, 23 2025: Provided, That amounts made available in this 24 paragraph shall be available without regard to require25 ments in sections 658E(c)(3)(E) or 658G of the Child VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 86. 86 1 Care and Development Block Grant Act: Provided further, 2 That payments made to States, territories, Indian Tribes, 3 and Tribal organizations from amounts made available in 4 this paragraph shall be obligated in this fiscal year or the 5 succeeding two fiscal years: Provided further, That 6 amounts made available in this paragraph shall be used 7 to supplement and not supplant other Federal, State, and 8 local public funds expended to provide child care services 9 for eligible individuals: Provided further, That such 10 amount is designated by the Congress as being for an 11 emergency requirement pursuant to section 12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14 GENERAL PROVISION—THIS TITLE 15 SEC. 2801. Not later than 45 days after the date of 16 enactment of this Act, the agencies receiving funds appro17 priated by this title in this Act shall provide a detailed 18 operating plan of anticipated uses of funds made available 19 in this title in this Act by State and territory, and by pro20 gram, project, and activity, to the Committees on Appro21 priations of the House of Representatives and the Senate: 22 Provided, That no such funds shall be obligated before the 23 operating plans are provided to such Committees: Pro24 vided further, That such plans shall be updated, including 25 obligations to date and anticipated use of funds made VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 87. 87 1 available in this title in this Act, and submitted to such 2 Committees quarterly until all such funds expire. 3 TITLE IX 4 LEGISLATIVE BRANCH 5 GOVERNMENT ACCOUNTABILITY OFFICE 6 SALARIES AND EXPENSES 7 For an additional amount for ‘‘Salaries and Ex8 penses’’, $10,000,000, to remain available until expended, 9 for audits and investigations related to Hurricanes Helene 10 and Milton, and other disasters declared pursuant to the 11 Robert T. Stafford Disaster Relief and Emergency Assist12 ance Act (42 U.S.C. 5121 et seq.) in calendar years 2023 13 and 2024: Provided, That such amount is designated by 14 the Congress as being for an emergency requirement pur15 suant to section 251(b)(2)(A)(i) of the Balanced Budget 16 and Emergency Deficit Control Act of 1985. 17 TITLE X 18 DEPARTMENT OF DEFENSE 19 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 20 For an additional amount for ‘‘Military Construction, 21 Navy and Marine Corps’’, $1,127,281,000, to remain 22 available until September 30, 2029, for necessary expenses 23 related to the consequences of Typhoon Mawar: Provided, 24 That not later than 60 days after enactment of this Act, 25 the Secretary of the Navy, or their designee, shall submit VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 88. 88 1 to the Committees on Appropriations of the House of Rep2 resentatives and the Senate form 1391 for each specific 3 project and an expenditure plan for funds provided under 4 this heading in this Act: Provided further, That such funds 5 may be obligated or expended for design and military con6 struction projects not otherwise authorized by law: Pro7 vided further, That such amount is designated by the Con8 gress as being for an emergency requirement pursuant to 9 section 251(b)(2)(A)(i) of the Balanced Budget and 10 Emergency Deficit Control Act of 1985. 11 MILITARY CONSTRUCTION, AIR FORCE 12 For an additional amount for ‘‘Military Construction, 13 Air Force’’, $487,300,000, to remain available until Sep14 tember 30, 2029, for necessary expenses related to the 15 consequences of Typhoon Mawar: Provided, That not later 16 than 60 days after enactment of this Act, the Secretary 17 of the Air Force, or their designee, shall submit to the 18 Committees on Appropriations of the House of Represent19 atives and the Senate form 1391 for each specific project 20 and an expenditure plan for funds provided under this 21 heading in this Act: Provided further, That such funds 22 may be obligated or expended for design and military con23 struction projects not otherwise authorized by law: Pro24 vided further, That such amount is designated by the Con25 gress as being for an emergency requirement pursuant to VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 89. 89 1 section 251(b)(2)(A)(i) of the Balanced Budget and 2 Emergency Deficit Control Act of 1985. 3 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 4 For an additional amount for ‘‘Military Construction, 5 Army National Guard’’, $21,000,000, to remain available 6 until September 30, 2029, for necessary expenses related 7 to the consequences of Typhoon Mawar and severe storms 8 in calendar year 2023: Provided, That not later than 60 9 days after enactment of this Act, the Director of the Army 10 National Guard, or their designee, shall submit to the 11 Committees on Appropriations of the House of Represent12 atives and the Senate form 1391 for each specific project 13 and an expenditure plan for funds provided under this 14 heading in this Act: Provided further, That such funds 15 may be obligated or expended for design and military con16 struction projects not otherwise authorized by law: Pro17 vided further, That such amount is designated by the Con18 gress as being for an emergency requirement pursuant to 19 section 251(b)(2)(A)(i) of the Balanced Budget and 20 Emergency Deficit Control Act of 1985. 21 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE 22 CORPS 23 For an additional amount for ‘‘Family Housing Con24 struction, Navy and Marine Corps’’, $27,399,000, to re25 main available until September 30, 2029, for necessary exVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 90. 90 1 penses related to the consequences of Typhoon Mawar: 2 Provided, That not later than 60 days after enactment of 3 this Act, the Secretary of the Navy, or their designee, shall 4 submit to the Committees on Appropriations of the House 5 of Representatives and the Senate an expenditure plan for 6 funds provided under this heading in this Act: Provided 7 further, That such amount is designated by the Congress 8 as being for an emergency requirement pursuant to sec9 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985. 11 FAMILY HOUSING OPERATION AND MAINTENANCE, 12 NAVY AND MARINE CORPS 13 For an additional amount for ‘‘Family Housing Oper14 ation and Maintenance, Navy and Marine Corps’’, 15 $102,168,000, to remain available until September 30, 16 2026, for necessary expenses related to the consequences 17 of Typhoon Mawar: Provided, That not later than 60 days 18 after enactment of this Act, the Secretary of the Navy, 19 or their designee, shall submit to the Committees on Ap20 propriations of the House of Representatives and the Sen21 ate an expenditure plan for funds provided under this 22 heading in this Act: Provided further, That such amount 23 is designated by the Congress as being for an emergency 24 requirement pursuant to section 251(b)(2)(A)(i) of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 91. 91 1 Balanced Budget and Emergency Deficit Control Act of 2 1985. 3 DEPARTMENT OF VETERANS AFFAIRS 4 VETERANS HEALTH ADMINISTRATION 5 MEDICAL SERVICES 6 For an additional amount for ‘‘Medical Services’’, 7 $19,258,000, to remain available until September 30, 8 2027, for necessary expenses related to the consequences 9 of Hurricanes Milton and Helene: Provided, That such 10 amount is designated by the Congress as being for an 11 emergency requirement pursuant to section 12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14 MEDICAL SUPPORT AND COMPLIANCE 15 For an additional amount for ‘‘Medical Support and 16 Compliance’’, $330,000, to remain available until Sep17 tember 30, 2027, for necessary expenses related to the 18 consequences of Hurricanes Milton and Helene: Provided, 19 That such amount is designated by the Congress as being 20 for an emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. 23 MEDICAL FACILITIES 24 For an additional amount for ‘‘Medical Facilities’’, 25 $41,660,000, to remain available until September 30, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 92. 92 1 2029, for necessary expenses related to the consequences 2 of Hurricanes Milton and Helene and other Federally de3 clared disasters occurring in 2023 and 2024: Provided, 4 That such amount is designated by the Congress as being 5 for an emergency requirement pursuant to section 6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 7 Deficit Control Act of 1985. 8 NATIONAL CEMETERY ADMINISTRATION 9 For an additional amount for ‘‘National Cemetery 10 Administration’’ for necessary expenses related to the con11 sequences of Hurricanes Milton and Helene, $693,000, to 12 remain available until September 30, 2029: Provided, 13 That such amount is designated by the Congress as being 14 for an emergency requirement pursuant to section 15 251(b)(2)(A)(i) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985. 17 DEPARTMENTAL ADMINISTRATION 18 CONSTRUCTION, MAJOR PROJECTS 19 For an additional amount for ‘‘Construction, Major 20 Projects’’, $4,000,000, to remain available until Sep21 tember 30, 2029, for necessary expenses related to the 22 consequences of Hurricanes Milton and Helene: Provided, 23 That such amount is designated by the Congress as being 24 for an emergency requirement pursuant to section VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 93. 93 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 CONSTRUCTION, MINOR PROJECTS 4 For an additional amount for ‘‘Construction, Minor 5 Projects’’, $2,020,000, to remain available until Sep6 tember 30, 2029, for necessary expenses related to the 7 consequences of Hurricanes Milton and Helene: Provided, 8 That such amount is designated by the Congress as being 9 for an emergency requirement pursuant to section 10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 TITLE XI 13 DEPARTMENT OF STATE AND RELATED 14 AGENCY 15 DEPARTMENT OF STATE 16 INTERNATIONAL COMMISSIONS 17 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 18 UNITED STATES AND MEXICO 19 CONSTRUCTION 20 For an additional amount for ‘‘Construction’’, 21 $250,000,000, to remain available until expended: Pro22 vided, That funds provided under this heading in this Act 23 shall be subject to prior consultation with, and the regular 24 notification procedures of, the Committees on Appropria25 tions of the House of Representatives and the Senate: ProVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 94. 94 1 vided further, That such amount is designated by the Con2 gress as being for an emergency requirement pursuant to 3 section 251(b)(2)(A)(i) of the Balanced Budget and 4 Emergency Deficit Control Act of 1985. 5 TITLE XII 6 DEPARTMENT OF TRANSPORTATION 7 FEDERAL HIGHWAY ADMINISTRATION 8 EMERGENCY RELIEF PROGRAM 9 For an additional amount for the ‘‘Emergency Relief 10 Program’’ as authorized under section 125 of title 23, 11 United States Code, $8,086,020,000, to remain available 12 until expended: Provided, That notwithstanding subsection 13 (e) of section 120 of title 23, United States Code, for any 14 obligations made on or after March 26, 2024, for fiscal 15 year 2024, this fiscal year, and hereafter, the Federal 16 share for Emergency Relief funds made available under 17 section 125 of such title to respond to damage caused by 18 the cargo ship Dali to the Francis Scott Key Bridge lo19 cated in Baltimore City and Baltimore and Anne Arundel 20 Counties, Maryland, including reconstruction of that 21 bridge and its approaches, shall be 100 percent: Provided 22 further, That consistent with section 668.105(e) of title 23 23, Code of Federal Regulations (or a successor regula24 tion), any insurance proceeds, judgments, settlements, 25 penalties, fines, or other compensation for damages, inVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 95. 95 1 cluding interest, from whatever source derived, recovered 2 by a State, a political subdivision of a State, or a toll au3 thority for repair, including reconstruction, of the Francis 4 Scott Key Bridge located in Baltimore City and Baltimore 5 and Anne Arundel Counties, Maryland, in response to, or 6 as a result of, the damage caused by the cargo ship Dali 7 to that bridge and its approaches, shall be used upon re8 ceipt to reduce liability on the repair, including reconstruc9 tion, of such bridge and its approaches from the emer10 gency fund authorized under section 125 of title 23, 11 United States Code: Provided further, That any funds re12 covered and used to reduce liability pursuant to the pre13 ceding proviso shall not exceed the total amount of liability 14 on the repair, including reconstruction, of the Francis 15 Scott Key Bridge located in Baltimore City and Baltimore 16 and Anne Arundel Counties, Maryland, and its ap17 proaches, from the emergency fund authorized under sec18 tion 125 of title 23, United States Code: Provided further, 19 That such amount is designated by the Congress as being 20 for an emergency requirement pursuant to section 21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 22 Deficit Control Act of 1985. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 96. 96 1 DEPARTMENT OF HOUSING AND URBAN 2 DEVELOPMENT 3 COMMUNITY PLANNING AND DEVELOPMENT 4 COMMUNITY DEVELOPMENT FUND 5 (INCLUDING TRANSFERS OF FUNDS) 6 For an additional amount for ‘‘Community Develop7 ment Fund’’, $12,039,000,000, to remain available until 8 expended, for the same purposes and under the same 9 terms and conditions as funds appropriated under such 10 heading in title VIII of the Disaster Relief Supplemental 11 Appropriations Act, 2022 (Public Law 117–43), except 12 that such amounts shall be for major disasters that oc13 curred in 2023 or 2024 and the fourth, tenth, 15th, 16th, 14 20th, and 21st provisos under such heading in such Act 15 shall not apply: Provided, That the Secretary of Housing 16 and Urban Development shall allocate all funds provided 17 under this heading in this Act for the total estimate for 18 unmet needs including additional mitigation for qualifying 19 disasters and publish such allocations in the Federal Reg20 ister no later than January 15, 2025: Provided further, 21 That the amount obligated for each qualifying disaster 22 area shall be no less than the amounts specified in such 23 Federal Register publication, unless such allocation is re24 jected by the grantee: Provided further, That a grantee 25 shall submit a plan to the Secretary for approval detailing VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 97. 97 1 the proposed use of all funds, including criteria for eligi2 bility and how the use of these funds will address long3 term recovery and restoration of infrastructure and hous4 ing, economic revitalization, and mitigation in the most 5 impacted and distressed areas: Provided further, That un6 obligated balances remaining as of the date of enactment 7 of this Act included under Treasury Appropriation Fund 8 Symbol 86 X 0162 from Public Laws 108–324, 109–148, 9 109–234, 110–252, 110–329, 111–212, 112–55, and 10 113–2 shall also be available for the purposes authorized 11 under this heading in this Act (except that the amount 12 for each set-aside provided herein shall not be exceeded), 13 notwithstanding the purposes for which such amounts 14 were appropriated: Provided further, That of the amounts 15 made available under this heading in this Act, 16 $45,000,000 shall be transferred to ‘‘Department of 17 Housing and Urban Development—Management and Ad18 ministration—Program Offices’’ for salaries and expenses 19 of the Office of Community Planning and Development for 20 necessary costs, including information technology costs, of 21 administering and overseeing the obligation and expendi22 ture of amounts made available for activities authorized 23 under title I of the Housing and Community Development 24 Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster 25 relief, long-term recovery, restoration of infrastructure VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 98. 98 1 and housing, economic revitalization, and mitigation in the 2 most impacted and distressed areas resulting from a 3 major disaster in this, prior, or future Acts (‘‘this, prior, 4 or future disaster Acts’’): Provided further, That of the 5 amounts made available under this heading in this Act, 6 $1,850,000 shall be transferred to ‘‘Department of Hous7 ing and Urban Development—Information Technology 8 Fund’’ for the disaster recovery data portal: Provided fur9 ther, That of the amounts made available under this head10 ing in this Act, $7,000,000 shall be transferred to ‘‘De11 partment of Housing and Urban Development—Office of 12 Inspector General’’ for necessary costs of overseeing and 13 auditing amounts made available in this, prior, or future 14 disaster Acts: Provided further, That of the amounts made 15 available under this heading in this Act, $25,000,000 shall 16 be made available for capacity building and technical as17 sistance, including assistance on contracting and procure18 ment processes, to support recipients of allocations from 19 this, prior, or future disaster Acts: Provided further, That 20 amounts made available under this heading in this Act 21 may be used by a grantee to assist utilities as part of a 22 disaster-related eligible activity under section 105(a) of 23 the Housing and Community Development Act of 1974 24 (42 U.S.C. 5305(a)): Provided further, That recipients of 25 funds made available in this, prior, or future disaster Acts VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 99. 99 1 that use such funds to supplement other Federal assist2 ance may adopt, without review or public comment, any 3 environmental review, approval, or permit performed by 4 a Federal agency, and such adoption shall satisfy the re5 sponsibilities of the recipient with respect to such environ6 mental review, approval or permit, so long as the actions 7 covered by the existing environmental review, approval, or 8 permit and the actions proposed for these supplemental 9 funds are substantially the same: Provided further, That 10 the Secretary or a State may, upon receipt of a request 11 for release of funds and certification, immediately approve 12 the release of funds for any activity or project if the recipi13 ent has adopted an environmental review, approval or per14 mit under the previous proviso or if the activity or project 15 is categorically excluded from review under the National 16 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 17 seq.), notwithstanding section 104(g)(2) of the Housing 18 and Community Development Act of 1974 (42 U.S.C. 19 5304(g)(2)): Provided further, That such amount and 20 amounts repurposed under this heading that were pre21 viously designated by the Congress as an emergency re22 quirement pursuant to a concurrent resolution on the 23 budget or the Balanced Budget and Emergency Deficit 24 Control Act of 1985 are designated by the Congress as 25 being for an emergency requirement pursuant to section VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 100. 100 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 TITLE XIII 4 GENERAL PROVISIONS 5 SEC. 21301. Each amount appropriated or made 6 available by this Act is in addition to amounts otherwise 7 appropriated for the fiscal year involved. 8 SEC. 21302. No part of any appropriation contained 9 in this Act shall remain available for obligation beyond 10 the current fiscal year unless expressly so provided herein. 11 SEC. 21303. Unless otherwise provided for by this 12 Act, the additional amounts appropriated by this Act to 13 appropriations accounts shall be available under the au14 thorities and conditions applicable to such appropriations 15 accounts for fiscal year 2025. 16 SEC. 21304. Each amount designated in divisions A 17 or B by the Congress as being for an emergency require18 ment pursuant to section 251(b)(2)(A)(i) of the Balanced 19 Budget and Emergency Deficit Control Act of 1985 shall 20 be available (or repurposed, rescinded, or transferred, if 21 applicable) only if the President subsequently so des22 ignates all such amounts and transmits such designations 23 to the Congress. 24 SEC. 21305. Any amount appropriated by divisions 25 A or B, designated by the Congress as an emergency reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 101. 101 1 quirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985, 3 and subsequently so designated by the President, and 4 transferred pursuant to transfer authorities provided by 5 this division shall retain such designation. 6 SEC. 21306. Budgetary Effects.— 7 (1) STATUTORY PAYGO SCORECARDS.—The 8 budgetary effects of division C and each succeeding 9 division shall not be entered on either PAYGO score10 card maintained pursuant to section 4(d) of the 11 Statutory Pay-As-You-Go Act of 2010. 12 (2) SENATE PAYGO SCORECARDS.—The budg13 etary effects of division C and each succeeding divi14 sion shall not be entered on any PAYGO scorecard 15 maintained for purposes of section 4106 of H. Con. 16 Res. 71 (115th Congress). 17 (3) CLASSIFICATION OF BUDGETARY EF18 FECTS.—Notwithstanding Rule 3 of the Budget 19 Scorekeeping Guidelines set forth in the joint ex20 planatory statement of the committee of conference 21 accompanying Conference Report 105–217 and sec22 tion 250(c)(8) of the Balanced Budget and Emer23 gency Deficit Control Act of 1985, the budgetary ef24 fects of division C and each succeeding division shall 25 not be estimated— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 102. 102 1 (A) for purposes of section 251 of such 2 Act; 3 (B) for purposes of an allocation to the 4 Committee on Appropriations pursuant to sec5 tion 302(a) of the Congressional Budget Act of 6 1974; and 7 (C) for purposes of paragraph (4)(C) of 8 section 3 of the Statutory Pay-As-You-Go Act 9 of 2010 as being included in an appropriation 10 Act. 11 (4) BALANCES ON THE PAYGO SCORECARDS.— 12 Effective on the date of the adjournment of the sec13 ond session of the 118th Congress, and for the pur14 poses of the annual report issued pursuant to section 15 5 of the Statutory Pay-As-You-Go Act of 2010 (2 16 U.S.C. 934) after such adjournment and for deter17 mining whether a sequestration order is necessary 18 under such section, the balances on the PAYGO 19 scorecards established pursuant to paragraphs (4) 20 and (5) of section 4(d) of such Act shall be zero. 21 This division may be cited as the ‘‘Disaster Relief 22 Supplemental Appropriations Act, 2025’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 103. 103 1 DIVISION C—OTHER MATTERS 2 TITLE I—DISASTER RELIEF 3 SEC. 101. DISASTER GRANT CLOSEOUT PROCEDURES. 4 Section 705 of the Robert T. Stafford Disaster Relief 5 and Emergency Assistance Act (42 U.S.C. 5205) is 6 amended— 7 (1) by striking ‘‘State or local government’’ and 8 inserting ‘‘State, local government, or the owner or 9 operator of a private nonprofit facility’’ each place it 10 appears; 11 (2) in paragraphs (3) and (4) of subsection (b) 12 by striking ‘‘Federal, State, or local government’’ 13 and inserting ‘‘Federal Government, State, local gov14 ernment, or the owner or operator of a private non15 profit facility’’; and 16 (3) in subsection (d)(1) by striking ‘‘State, 17 local,’’ and inserting ‘‘State, local government, the 18 owner or operator of a private nonprofit facility,’’. 19 SEC. 102. AVAILABILITY OF EXCESS FUNDS. 20 (a) IN GENERAL.—Section 324 of the Robert T. 21 Stafford Disaster Relief and Emergency Assistance Act 22 (42 U.S.C. 5165b) is amended— 23 (1) in subsection (b)(2)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 104. 104 1 (A) by redesignating subparagraphs (A) 2 and (B) as clauses (i) and (ii), respectively, and 3 adjusting the margins accordingly; and 4 (B) in the matter preceding clause (i), as 5 so redesignated, by striking ‘‘provide the fol6 lowing percentage rates’’ and inserting ‘‘pro7 vide— 8 ‘‘(A) excess funds for management costs as 9 described in subsection (c); and 10 ‘‘(B) the following percentage rates’’; 11 (2) by redesignating subsection (c) as sub12 section (d); and 13 (3) by inserting after subsection (b) the fol14 lowing: 15 ‘‘(c) USE OF EXCESS FUNDS FOR MANAGEMENT 16 COSTS.— 17 ‘‘(1) DEFINITION.—In this subsection, the term 18 ‘excess funds for management costs’ means the dif19 ference between— 20 ‘‘(A) the amount of the applicable specific 21 management costs authorized under subsection 22 (b)(1) and subsection (b)(2)(B); and 23 ‘‘(B) as of the date on which the grant 24 award is closed, the amount of funding for 25 management costs activities expended by the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 105. 105 1 grantee or subgrantee receiving the financial as2 sistance for costs described in subparagraph 3 (A). 4 ‘‘(2) AVAILABILITY OF EXCESS FUNDS FOR 5 MANAGEMENT COSTS.—The President may make 6 available to a grantee or subgrantee receiving finan7 cial assistance under section 403, 404, 406, 407, or 8 502 any excess funds for management costs. 9 ‘‘(3) USE OF FUNDS.—Excess funds for man10 agement costs made available to a grantee or sub11 grantee under paragraph (2) may be used for— 12 ‘‘(A) activities associated with building ca13 pacity to prepare for, recover from, or mitigate 14 the impacts of a major disaster or emergency 15 declared under section 401 or 501, respectively; 16 and 17 ‘‘(B) management costs associated with 18 any— 19 ‘‘(i) major disaster; 20 ‘‘(ii) emergency; 21 ‘‘(iii) disaster preparedness measure; 22 or 23 ‘‘(iv) mitigation activity or measure 24 authorized under section 203, 204, 205, or 25 404. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 106. 106 1 ‘‘(4) AVAILABILITY.—Excess funds for manage2 ment costs made available to a grantee or sub3 grantee under paragraph (2) shall remain available 4 to the grantee or subgrantee until the date that is 5 5 years after the date on which the excess funds for 6 management costs are made available under para7 graph (2).’’. 8 (b) APPLICABILITY.—The amendments made by sub9 section (a) shall apply with respect to any grant award 10 in relation to a major disaster or emergency declared 11 under section 401 or 501, respectively, of the Robert T. 12 Stafford Disaster Relief and Emergency Assistance Act 13 (42 U.S.C. 5170, 5191)— 14 (1) the declaration of which is made on or after 15 the date of enactment of this Act; and 16 (2) that is funded with amounts appropriated 17 on or after the date of enactment of this Act. 18 (c) GAO STUDY.—Not later than 180 days after the 19 date of enactment of this Act, the Comptroller General 20 of the United States shall submit to the Committee on 21 Homeland Security and Governmental Affairs of the Sen22 ate and the Committee on Transportation and Infrastruc23 ture of the House of Representatives a report— 24 (1) on the actual management costs described 25 in section 324 of the Robert T. Stafford Disaster VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 107. 107 1 Relief and Emergency Assistance Act (42 U.S.C. 2 5165b) during the period of a major disaster dec3 laration under section 401 of such Act (42 U.S.C. 4 5170) to determine whether the amount set aside for 5 those management costs after the date of enactment 6 of this Act is appropriate; and 7 (2) that includes the management costs de8 scribed in section 324 of the Robert T. Stafford Dis9 aster Relief and Emergency Assistance Act (42 10 U.S.C. 5165b) for each disaster declared under dur11 ing the period of a major disaster declaration under 12 section 401 of such Act (42 U.S.C. 5170) during the 13 5-year period preceding the date of the report, the 14 amount set aside for those management costs, the 15 use of those management costs, the length of each 16 disaster, and the reason for the length of each dis17 aster. 18 (d) NO ADDITIONAL FUNDS.—No additional funds 19 are authorized to be appropriated to carry out the amend20 ments made by subsection (a). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 108. 108 1 SEC. 103. REIMBURSEMENT FOR REPAIR, REPLACEMENT, 2 AND RESTORATION WORK ON PRIVATE 3 ROADS AND BRIDGES IMPACTED BY TROP4 ICAL STORM HELENE. 5 (a) ELIGIBILITY FOR REIMBURSEMENT.—Notwith6 standing any provision of the Robert T. Stafford Disaster 7 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 8 seq.) or the regulations governing the public assistance 9 program of the Federal Emergency Management Agency 10 under such Act, the State, Indian Tribal, and local govern11 ments in North Carolina covered under major disaster 12 declaration FEMA–4827–DR–NC (relating to Tropical 13 Storm Helene) shall be eligible for reimbursement for the 14 cost of repairs, replacements, or restoration to private 15 roads and bridges, without regard to pre-existing condi16 tion, under section 428 of such Act that— 17 (1) are used as the sole means of access to pri18 mary residences or essential community services; 19 (2) are significantly damaged or destroyed as a 20 direct result of Tropical Storm Helene as identified 21 in FEMA–4827–DR–NC; and 22 (3) does not duplicate work that has already 23 been completed. 24 (b) CONDITIONS OF REIMBURSEMENT.—Reimburse25 ment under this section shall be subject to the following 26 conditions: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 109. 109 1 (1) Private roads or bridges shall be inspected 2 by appropriate State, Indian Tribal, or local govern3 ment officials or their designees to verify the scope, 4 need, and cost-effectiveness of any mitigation meas5 ures for the proposed repair, replacement, or res6 toration. 7 (2) The State, Indian Tribal, or local govern8 ments requesting assistance shall ensure that the 9 private roads or bridges being repaired, replaced, or 10 restored remain open for disaster recovery activities 11 for the duration of the repair, replacement, or res12 toration process. 13 (3) The State or Indian Tribal governments 14 shall be responsible for documenting all costs associ15 ated with repairs, replacements, or restorations with16 in their jurisdiction in accordance with Federal 17 Emergency Management Agency policy. 18 (4) The State, Indian Tribal, or local govern19 ment applying for public assistance funding shall ob20 tain authority or permission to perform the work to 21 permanently repair, replace, or restore the private 22 roads and bridges. 23 (5) The State, Indian Tribal, or local govern24 ment applying for public assistance funding shall en25 sure the work under this section is performed in VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 110. 110 1 compliance with all applicable State and Federal 2 regulations and requirements that pertain to work 3 that is permanent in nature. 4 (c) DUPLICATION OF BENEFITS.— 5 (1) IN GENERAL.—Any individual or household 6 that has received assistance prior to the date of en7 actment of this section pursuant to section 408 of 8 the Robert T. Stafford Disaster Relief and Emer9 gency Assistance Act (42 U.S.C. 5174) for the pur10 poses of repairing a private road or bridge eligible 11 under this section may proceed with such repairs or 12 return any such assistance to have such repair eligi13 ble pursuant to this section. 14 (2) CALCULATION.—In the event the individual 15 or household chooses to proceed with such repairs 16 utilizing assistance provided pursuant to section 408 17 of the Robert T. Stafford Disaster Relief and Emer18 gency Assistance Act (42 U.S.C. 5174) for a private 19 road or bridge, such assistance shall not be counted 20 against the maximum amount of assistance for such 21 individual or household under such section. 22 (d) ELIGIBLE COSTS.—In determining eligible costs, 23 the Administrator shall base such determinations on prop24 erly conducted and certified cost estimates prepared by 25 professionally licensed engineers (mutually agreed upon by VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 111. 111 1 the Administrator and the applicant). Once certified by 2 a professionally licensed engineer and accepted by the Ad3 ministrator, the estimates on which grants made pursuant 4 to this section are based shall be presumed to be reason5 able and eligible costs, as long as there is no evidence of 6 fraud. 7 TITLE II—RECYCLING, WATER, 8 AND ENVIRONMENT RELATED 9 PROVISIONS 10 SEC. 201. RECYCLING AND COMPOSTING ACCOUNTABILITY. 11 (a) SHORT TITLE.—This section may be cited as the 12 ‘‘Recycling and Composting Accountability Act’’. 13 (b) DEFINITIONS.— 14 (1) IN GENERAL.—In this section: 15 (A) ADMINISTRATOR.—The term ‘‘Admin16 istrator’’ means the Administrator of the Envi17 ronmental Protection Agency. 18 (B) COMPOST.—The term ‘‘compost’’ 19 means a product that— 20 (i) is manufactured through the con21 trolled aerobic, biological decomposition of 22 biodegradable materials; 23 (ii) has been subjected to medium and 24 high temperature organisms, which— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 112. 112 1 (I) significantly reduce the viabil2 ity of pathogens and weed seeds; and 3 (II) stabilize carbon in the prod4 uct such that the product is beneficial 5 to plant growth; and 6 (iii) is typically used as a soil amend7 ment, but may also contribute plant nutri8 ents. 9 (C) COMPOSTABLE MATERIAL.—The term 10 ‘‘compostable material’’ means material that is 11 a feedstock for creating compost, including— 12 (i) wood; 13 (ii) agricultural crops; 14 (iii) paper, such as cardboard and 15 other paper products; 16 (iv) certified compostable products as17 sociated with organic waste; 18 (v) other organic plant material; 19 (vi) organic waste, including food 20 waste and yard waste; and 21 (vii) such other material that is com22 posed of biomass that can be continually 23 replenished or renewed, as determined by 24 the Administrator. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 113. 113 1 (D) INDIAN TRIBE.—The term ‘‘Indian 2 Tribe’’ has the meaning given the term in sec3 tion 4 of the Indian Self-Determination and 4 Education Assistance Act (25 U.S.C. 5304). 5 (E) RECYCLABLE MATERIAL.—The term 6 ‘‘recyclable material’’ means a material that is 7 obsolete, previously used, off-specification, sur8 plus, or incidentally produced for processing 9 into a specification-grade commodity for which 10 a reuse market currently exists or is being de11 veloped. 12 (F) RECYCLING.—The term ‘‘recycling’’ 13 means the series of activities— 14 (i) during which recyclable materials 15 are processed into specification-grade com16 modities and consumed as raw-material 17 feedstock, in lieu of virgin materials, in the 18 manufacturing of new products; 19 (ii) that may, with regard to recycla20 ble materials and prior to the activities de21 scribed in clause (i), include sorting, collec22 tion, processing, and brokering; and 23 (iii) that result, subsequent to proc24 essing described in clause (i), in consumpVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 114. 114 1 tion by a materials manufacturer, includ2 ing for the manufacturing of new products. 3 (G) STATE.—The term ‘‘State’’ has the 4 meaning given the term in section 1004 of the 5 Solid Waste Disposal Act (42 U.S.C. 6903). 6 (2) DEFINITION OF PROCESSING.—In subpara7 graphs (E) and (F) of paragraph (1), the term 8 ‘‘processing’’ means any mechanical, manual, or 9 other method that— 10 (A) transforms a recyclable material into a 11 specification-grade commodity; and 12 (B) may occur in multiple steps, with dif13 ferent phases, including sorting, occurring at 14 different locations. 15 (c) REPORTS ON COMPOSTING AND RECYCLING IN16 FRASTRUCTURE CAPABILITIES.— 17 (1) IN GENERAL.—Subtitle D of the Solid 18 Waste Disposal Act (42 U.S.C. 6941 et seq.) is 19 amended by adding at the end the following: 20 ‘‘SEC. 4011. REPORTS ON COMPOSTING AND RECYCLING IN21 FRASTRUCTURE CAPABILITIES. 22 ‘‘(a) DEFINITIONS.—In this section: 23 ‘‘(1) RECYCLING AND COMPOSTING ACCOUNT24 ABILITY ACT TERMS.—The terms ‘compost’, 25 ‘compostable material’, ‘recyclable material’, and ‘reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 115. 115 1 cycling’ have the meanings given the terms in sub2 section (b) of the Recycling and Composting Ac3 countability Act. 4 ‘‘(2) COMPOSTING FACILITY.—The term 5 ‘composting facility’ means a location, structure, or 6 device that transforms compostable materials into 7 compost. 8 ‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’ 9 has the meaning given the term in section 4 of the 10 Indian Self-Determination and Education Assistance 11 Act (25 U.S.C. 5304). 12 ‘‘(4) MATERIALS RECOVERY FACILITY.— 13 ‘‘(A) IN GENERAL.—The term ‘materials 14 recovery facility’ means a dedicated facility 15 where primarily residential recyclable materials, 16 which are diverted from disposal by the gener17 ator and collected separately from municipal 18 solid waste, are mechanically or manually sort19 ed into commodities for further processing into 20 specification-grade commodities for sale to end 21 users. 22 ‘‘(B) EXCLUSION.—The term ‘materials 23 recovery facility’ does not include a solid waste 24 management facility that may process munic25 ipal solid waste to remove recyclable materials. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 116. 116 1 ‘‘(C) DEFINITION OF PROCESSING.—For 2 purposes of this paragraph, the term ‘proc3 essing’ has the meaning given the term in sub4 section (b)(2) of the Recycling and Composting 5 Accountability Act. 6 ‘‘(b) REPORT.— 7 ‘‘(1) IN GENERAL.—The Administrator shall re8 quest information and data from, collaborate with, 9 or contract with, as necessary and appropriate, 10 States, units of local government, and Indian Tribes, 11 for the provision, preparation, and publication of a 12 report, or to expand work under the National Recy13 cling Strategy to include information and data, on 14 compostable materials and efforts to reduce contami15 nation rates for recycling, including— 16 ‘‘(A) an evaluation of existing Federal, 17 State, and local laws that may present barriers 18 to implementation of composting strategies; 19 ‘‘(B) a description and evaluation of 20 composting infrastructure and programs within 21 States, units of local government, and Indian 22 Tribes; 23 ‘‘(C) an estimate of the costs and approxi24 mate land needed to expand composting pro25 grams; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 117. 117 1 ‘‘(D) a review of the practices of manufac2 turers and companies that are moving to using 3 compostable packaging and food service ware 4 for the purpose of making the composting proc5 ess the end-of-life use of those products. 6 ‘‘(2) SUBMISSION.—Not later than 2 years 7 after the date of enactment of this section, the Ad8 ministrator shall submit to Congress the report pre9 pared under paragraph (1). 10 ‘‘(c) INVENTORY OF MATERIALS RECOVERY FACILI11 TIES.—Not later than 3 years after the date of enactment 12 of this section, and every 4 years thereafter, the Adminis13 trator, in consultation with relevant Federal agencies and 14 States, units of local government, and Indian Tribes, 15 shall— 16 ‘‘(1) prepare an inventory or estimate of mate17 rials recovery facilities in the United States, includ18 ing— 19 ‘‘(A) the number of materials recovery fa20 cilities in each State; and 21 ‘‘(B) a general description of the materials 22 that each of those materials recovery facilities 23 can process, including— 24 ‘‘(i) in the case of plastic, a descrip25 tion of— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 118. 118 1 ‘‘(I) the types of accepted resin, 2 if applicable; and 3 ‘‘(II) the packaging or product 4 format, such as a jug, a carton, or 5 film; 6 ‘‘(ii) food packaging and service ware, 7 such as a bottle, cutlery, or a cup; 8 ‘‘(iii) paper; 9 ‘‘(iv) aluminum, such as an aluminum 10 beverage can, food can, aerosol can, or foil; 11 ‘‘(v) steel, such as a steel food or aer12 osol can; 13 ‘‘(vi) other scrap metal; 14 ‘‘(vii) glass; or 15 ‘‘(viii) any other material not de16 scribed in any of clauses (i) through (vii) 17 that a materials recovery facility processes; 18 and 19 ‘‘(2) submit to Congress the inventory or esti20 mate prepared under paragraph (1). 21 ‘‘(d) INFORMATION ON RECYCLING AND COMPOSTING 22 SYSTEMS.—The Administrator shall, as necessary and ap23 propriate, collaborate or contract with States, units of 24 local government, and Indian Tribes to estimate, with re25 spect to the United States— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 119. 119 1 ‘‘(1) the number and types of recycling and 2 composting programs; 3 ‘‘(2) the types and forms of materials accepted 4 by recycling or composting programs; 5 ‘‘(3) the number of individuals— 6 ‘‘(A) with access to recycling and 7 composting services to at least the extent of ac8 cess to disposal services; and 9 ‘‘(B) who use, on a percentage basis, the 10 recycling and composting services described in 11 subparagraph (A); 12 ‘‘(4) the number of individuals with barriers to 13 accessing recycling and composting services similar 14 to their access to disposal services and the types of 15 those barriers experienced; 16 ‘‘(5) the inbound contamination and capture 17 rates of recycling and composting programs; 18 ‘‘(6) if applicable, other available recycling or 19 composting programs; and 20 ‘‘(7) the average costs and benefits to States, 21 units of local government, and Indian Tribes of recy22 cling and composting programs. 23 ‘‘(e) RECYCLING REPORTING RATES.— 24 ‘‘(1) COLLECTION OF DATA; DEVELOPMENT OF 25 RATES.—The Administrator may use amounts made VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 120. 120 1 available under subsection (f) of the Recycling and 2 Composting Accountability Act— 3 ‘‘(A) to biannually collect, in collaboration 4 with States, to the extent practicable, informa5 tion supplied on a voluntary basis to develop 6 the estimated rates described in subparagraphs 7 (B) and (C); 8 ‘‘(B) to develop a standardized estimated 9 rate of recyclable materials in States that pro10 vide information under subparagraph (A) that 11 have been successfully diverted from the waste 12 stream and brought to a materials recovery fa13 cility or composting facility; and 14 ‘‘(C) to develop an estimated national recy15 cling rate based on the information described in 16 subparagraphs (A) and (B). 17 ‘‘(2) USE.—Using amounts made available 18 under subsection (f) of the Recycling and 19 Composting Accountability Act, the Administrator 20 may use the information collected and rates devel21 oped under paragraph (1) to provide requesting 22 States, units of local government, and Indian Tribes 23 data and technical assistance— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 121. 121 1 ‘‘(A) to reduce the overall waste produced 2 by the States, units of local government, and 3 Indian Tribes; 4 ‘‘(B) to assist the States, units of local 5 government, and Indian Tribes in under6 standing the nuances of the information col7 lected relating to diversion activities; and 8 ‘‘(C) to increase recycling and composting 9 rates of the States, units of local government, 10 and Indian Tribes. 11 ‘‘(f) REPORT ON END MARKETS.—The Adminis12 trator, in collaboration or contract with, as necessary and 13 appropriate, relevant Federal agencies, States, units of 14 local government, or Indian Tribes, shall— 15 ‘‘(1) provide an update to the report submitted 16 under section 306 of the Save Our Seas 2.0 Act 17 (Public Law 116–224; 134 Stat. 1096) to include an 18 addendum on the end-market sale of all recyclable 19 materials from materials recovery facilities that 20 process recyclable materials, including, to the extent 21 practicable— 22 ‘‘(A) the total, in dollars per ton, domestic 23 sales of bales of recyclable materials; and 24 ‘‘(B) the total, in dollars per ton, inter25 national sales of bales of recyclable materials; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 122. 122 1 ‘‘(2) prepare a report on the end-market sale of 2 compost from, to the extent practicable, compostable 3 materials, including the total, in dollars per ton, of 4 domestic sales of compostable materials; and 5 ‘‘(3) not later than 3 years after the date of en6 actment of this section, submit to Congress the up7 date to the report prepared under paragraph (1) and 8 the report prepared under paragraph (2). 9 ‘‘(g) PRIVILEGED OR CONFIDENTIAL INFORMA10 TION.— 11 ‘‘(1) IN GENERAL.—Information collected under 12 subsection (e)(1) or paragraph (1) or (2) of sub13 section (f) shall not include any privileged or con14 fidential information described in section 552(b)(4) 15 of title 5, United States Code. 16 ‘‘(2) NONDISCLOSURE.—Information collected 17 to carry out this section shall not be made public if 18 the information meets the requirements of section 19 552(b) of title 5, United States Code.’’. 20 (2) CLERICAL AMENDMENT.—The table of con21 tents in section 1001 of the Solid Waste Disposal 22 Act (Public Law 89–272; 90 Stat. 2795; 98 Stat. 23 3268) is amended by inserting after the item relat24 ing to section 4010 the following: ‘‘Sec. 4011. Report on composting and recycling infrastructure capabilities.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00122 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 123. 123 1 (d) FEDERAL AGENCY ACTIVITIES RELATED TO RE2 CYCLING.—Not later than 2 years after the date of enact3 ment of this Act, and every 2 years thereafter until 2033, 4 the Comptroller General of the United States shall make 5 publicly available a report— 6 (1) detailing or, to the extent practicable, pro7 viding an estimate of— 8 (A) the total annual recycling and 9 composting rates reported by all Federal agen10 cies; and 11 (B) the total annual percentage of prod12 ucts containing recyclable material, compostable 13 material, or recovered materials purchased by 14 all Federal agencies, including— 15 (i) the total quantity of procured 16 products containing recyclable material or 17 recovered materials listed in the com18 prehensive procurement guidelines pub19 lished under section 6002(e) of the Solid 20 Waste Disposal Act (42 U.S.C. 6962(e)); 21 and 22 (ii) the total quantity of compostable 23 material purchased by all Federal agencies; 24 (2) identifying the activities of each Federal 25 agency that promote recycling or composting; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 124. 124 1 (3) identifying activities that Federal agencies 2 could carry out to further promote recycling or 3 composting. 4 (e) STUDY ON THE DIVERSION OF RECYCLABLE MA5 TERIALS FROM A CIRCULAR MARKET.— 6 (1) IN GENERAL.—Not later than 1 year after 7 the date of enactment of this Act, the Administrator 8 shall develop a metric for determining the proportion 9 of recyclable materials in commercial and municipal 10 waste streams that are being diverted from a cir11 cular market. 12 (2) STUDY; REPORT.—Not later than 1 year 13 after the development of a metric under paragraph 14 (1), the Administrator shall conduct a study of, and 15 submit to Congress a report on, the proportion of re16 cyclable materials in commercial and municipal 17 waste streams that, during each of the 10 calendar 18 years preceding the year of submission of the report, 19 were diverted from a circular market. 20 (3) DATA.—The report under paragraph (2) 21 shall provide data on specific recyclable materials, 22 including aluminum, plastics, paper and paperboard, 23 textiles, and glass, that were prevented from remain24 ing in a circular market through disposal or elimiVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 125. 125 1 nation, and to what use those specific recyclable ma2 terials were lost. 3 (4) EVALUATION.—The report under paragraph 4 (2) shall include an evaluation of whether the estab5 lishment or improvement of recycling programs 6 would— 7 (A) improve recycling rates; 8 (B) reduce the quantity of recyclable mate9 rials being unutilized in a circular market; and 10 (C) affect prices paid by consumers for 11 products using materials recycled in the circular 12 market. 13 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 14 authorized to be appropriated to the Administrator to 15 carry out this section and the amendments made by this 16 section $4,000,000 for each of fiscal years 2025 through 17 2029. 18 (g) ADMINISTRATION.— 19 (1) UNFUNDED MANDATES.—The Adminis20 trator or the Secretary of Commerce may not exer21 cise any authority under this section or any amend22 ment made by this section if exercising that author23 ity would require a State, a unit of local govern24 ment, or an Indian Tribe to carry out a mandate for 25 which funding is not available. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 126. 126 1 (2) NONDISCLOSURE.—Any information col2 lected to carry out this section shall not be made 3 public if the information meets the requirements of 4 section 552(b) of title 5, United States Code. 5 SEC. 202. RECYCLING INFRASTRUCTURE AND ACCESSI6 BILITY PROGRAM. 7 (a) DEFINITIONS.—In this section: 8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 11 (2) CURBSIDE RECYCLING.—The term 12 ‘‘curbside recycling’’ means the process by which 13 residential recyclable materials are picked up 14 curbside. 15 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means— 17 (A) a State (as defined in section 1004 of 18 the Solid Waste Disposal Act (42 U.S.C. 19 6903)); 20 (B) a unit of local government; 21 (C) an Indian Tribe; and 22 (D) a public-private partnership. 23 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 24 has the meaning given the term in section 4 of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 127. 127 1 Indian Self-Determination and Education Assistance 2 Act (25 U.S.C. 5304). 3 (5) MATERIALS RECOVERY FACILITY.— 4 (A) IN GENERAL.—The term ‘‘materials 5 recovery facility’’ means a recycling facility 6 where primarily residential recyclables, which 7 are diverted from disposal by a generator and 8 collected separately from municipal solid waste, 9 are mechanically or manually sorted into com10 modities for further processing into specifica11 tion-grade commodities for sale to end users. 12 (B) EXCLUSION.—The term ‘‘materials re13 covery facility’’ does not include a solid waste 14 management facility that may process munic15 ipal solid waste to remove recyclable materials. 16 (6) PILOT GRANT PROGRAM.—The term ‘‘pilot 17 grant program’’ means the Recycling Infrastructure 18 and Accessibility Program established under sub19 section (b). 20 (7) RECYCLABLE MATERIAL.—The term ‘‘recy21 clable material’’ means obsolete, previously used, off22 specification, surplus, or incidentally produced mate23 rial for processing into a specification-grade com24 modity for which a market exists. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 128. 128 1 (8) TRANSFER STATION.—The term ‘‘transfer 2 station’’ means a facility that— 3 (A) receives and consolidates recyclable 4 material from curbside recycling or drop-off fa5 cilities; and 6 (B) loads the recyclable material onto trac7 tor trailers, railcars, or barges for transport to 8 a distant materials recovery facility or another 9 recycling-related facility. 10 (9) UNDERSERVED COMMUNITY.—The term 11 ‘‘underserved community’’ means a community, in12 cluding an unincorporated area, without access to 13 full recycling services because— 14 (A) transportation, distance, or other rea15 sons render utilization of available processing 16 capacity at an existing materials recovery facil17 ity cost prohibitive; or 18 (B) the processing capacity of an existing 19 materials recovery facility is insufficient to 20 manage the volume of recyclable materials pro21 duced by that community. 22 (b) ESTABLISHMENT.—Not later than 18 months 23 after the date of enactment of this Act, the Administrator 24 shall establish a pilot grant program, to be known as the 25 ‘‘Recycling Infrastructure and Accessibility Program’’, to VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 129. 129 1 award grants, on a competitive basis, to eligible entities 2 to improve recycling accessibility in a community or com3 munities within the same geographic area. 4 (c) GOAL.—The goal of the pilot grant program is 5 to fund eligible projects that will significantly improve ac6 cessibility to recycling systems through investments in in7 frastructure in underserved communities through the use 8 of a hub-and-spoke model for recycling infrastructure de9 velopment. 10 (d) APPLICATIONS.—To be eligible to receive a grant 11 under the pilot grant program, an eligible entity shall sub12 mit to the Administrator an application at such time, in 13 such manner, and containing such information as the Ad14 ministrator may require. 15 (e) CONSIDERATIONS.—In selecting eligible entities 16 to receive a grant under the pilot grant program, the Ad17 ministrator shall consider— 18 (1) whether the community or communities in 19 which the eligible entity is seeking to carry out a 20 proposed project has curbside recycling; 21 (2) whether the proposed project of the eligible 22 entity will improve accessibility to recycling services 23 in a single underserved community or multiple un24 derserved communities; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 130. 130 1 (3) if the eligible entity is a public-private part2 nership, the financial health of the private entity 3 seeking to enter into that public-private partnership. 4 (f) PRIORITY.—In selecting eligible entities to receive 5 a grant under the pilot grant program, the Administrator 6 shall give priority to eligible entities seeking to carry out 7 a proposed project in a community in which there is not 8 more than 1 materials recovery facility within a 75-mile 9 radius of that community. 10 (g) USE OF FUNDS.—An eligible entity awarded a 11 grant under the pilot grant program may use the grant 12 funds for projects to improve recycling accessibility in 13 communities, including in underserved communities, by— 14 (1) increasing the number of transfer stations; 15 (2) expanding curbside recycling collection pro16 grams where appropriate; and 17 (3) leveraging public-private partnerships to re18 duce the costs associated with collecting and trans19 porting recyclable materials in underserved commu20 nities. 21 (h) PROHIBITION ON USE OF FUNDS.—An eligible 22 entity awarded a grant under the pilot grant program may 23 not use the grant funds for projects relating to recycling 24 education programs. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 131. 131 1 (i) MINIMUM AND MAXIMUM GRANT AMOUNT.—A 2 grant awarded to an eligible entity under the pilot grant 3 program shall be in an amount— 4 (1) not less than $500,000; and 5 (2) not more than $15,000,000. 6 (j) SET-ASIDE.—The Administrator shall set aside 7 not less than 70 percent of the amounts made available 8 to carry out the pilot grant program for each fiscal year 9 to award grants to eligible entities to carry out a proposed 10 project or program in a single underserved community or 11 multiple underserved communities. 12 (k) FEDERAL SHARE.—The Federal share of the cost 13 of a project or program carried out by an eligible entity 14 using grant funds shall be not more than 95 percent. 15 (l) REPORT.—Not later than 2 years after the date 16 on which the first grant is awarded under the pilot grant 17 program, the Administrator shall submit to Congress a re18 port describing the implementation of the pilot grant pro19 gram, which shall include— 20 (1) a list of eligible entities that have received 21 a grant under the pilot grant program; 22 (2) the actions taken by each eligible entity that 23 received a grant under the pilot grant program to 24 improve recycling accessibility with grant funds; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 132. 132 1 (3) to the extent information is available, a de2 scription of how grant funds received under the pilot 3 grant program improved recycling rates in each com4 munity in which a project or program was carried 5 out under the pilot grant program. 6 (m) AUTHORIZATION OF APPROPRIATIONS.— 7 (1) IN GENERAL.—There is authorized to be 8 appropriated to the Administrator to carry out the 9 pilot grant program $30,000,000 for each of fiscal 10 years 2025 through 2029, to remain available until 11 expended. 12 (2) ADMINISTRATIVE COSTS AND TECHNICAL 13 ASSISTANCE.—Of the amounts made available under 14 paragraph (1), the Administrator may use up to 5 15 percent— 16 (A) for administrative costs relating to car17 rying out the pilot grant program; and 18 (B) to provide technical assistance to eligi19 ble entities applying for a grant under the pilot 20 grant program. 21 SEC. 203. DRINKING WATER INFRASTRUCTURE RISK AND 22 RESILIENCE. 23 Section 1433(g) of the Safe Drinking Water Act (42 24 U.S.C. 300i–2(g)) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 133. 133 1 (1) in paragraph (1), by striking ‘‘2020 and 2 2021’’ and inserting ‘‘2026 and 2027’’; 3 (2) in paragraph (4), by striking ‘‘$5,000,000’’ 4 and inserting ‘‘$10,000,000’’; 5 (3) in paragraph (5), by striking 6 ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; and 7 (4) in paragraph (6)— 8 (A) by striking ‘‘$25,000,000’’ and insert9 ing ‘‘$50,000,000’’; and 10 (B) by striking ‘‘2020 and 2021’’ and in11 serting ‘‘2026 and 2027’’. 12 SEC. 204. REAUTHORIZATION OF DIESEL EMISSIONS RE13 DUCTION ACT. 14 Section 797(a) of the Energy Policy Act of 2005 (42 15 U.S.C. 16137(a)) is amended by striking ‘‘2024’’ and in16 serting ‘‘2029’’. 17 SEC. 205. NATIONWIDE CONSUMER AND FUEL RETAILER 18 CHOICE ACT OF 2024. 19 (a) SHORT TITLE.—This section may be cited as the 20 ‘‘Nationwide Consumer and Fuel Retailer Choice Act of 21 2024’’. 22 (b) ETHANOL WAIVER.— 23 (1) EXISTING WAIVERS.—Section 211(f)(4) of 24 the Clean Air Act (42 U.S.C. 7545(f)(4)) is amend25 ed— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 134. 134 1 (A) by striking ‘‘(4) The Administrator, 2 upon’’ and inserting the following: 3 ‘‘(4) WAIVERS.— 4 ‘‘(A) IN GENERAL.—The Administrator, 5 on’’; 6 (B) in subparagraph (A) (as so des7 ignated)— 8 (i) in the first sentence— 9 (I) by striking ‘‘of this sub10 section’’ each place it appears; and 11 (II) by striking ‘‘if he deter12 mines’’ and inserting ‘‘if the Adminis13 trator determines’’; and 14 (ii) in the second sentence, by striking 15 ‘‘The Administrator’’ and inserting the fol16 lowing: 17 ‘‘(B) FINAL ACTION.—The Adminis18 trator’’; and 19 (C) by adding at the end the following: 20 ‘‘(C) REID VAPOR PRESSURE.—A fuel or 21 fuel additive may be introduced into commerce 22 if— 23 ‘‘(i)(I) the Administrator determines 24 that the fuel or fuel additive is substan25 tially similar to a fuel or fuel additive utiVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 135. 135 1 lized in the certification of any model year 2 vehicle pursuant to paragraph (1)(A); or 3 ‘‘(II) the fuel or fuel additive has been 4 granted a waiver under subparagraph (A) 5 and meets all of the conditions of that 6 waiver other than any limitation of the 7 waiver with respect to the Reid Vapor 8 Pressure of the fuel or fuel additive; and 9 ‘‘(ii) the fuel or fuel additive meets all 10 other applicable Reid Vapor Pressure re11 quirements under subsection (h).’’. 12 (2) REID VAPOR PRESSURE LIMITATION.—Sec13 tion 211(h) of the Clean Air Act (42 U.S.C. 14 7545(h)) is amended— 15 (A) by striking ‘‘vapor pressure’’ each 16 place it appears and inserting ‘‘Vapor Pres17 sure’’; 18 (B) in paragraph (4), in the matter pre19 ceding subparagraph (A), by striking ‘‘10 per20 cent’’ and inserting ‘‘10 to 15 percent’’; and 21 (C) in paragraph (5)(A)— 22 (i) by striking ‘‘Upon notification, ac23 companied by’’ and inserting ‘‘On receipt 24 of a notification that is submitted after the 25 date of enactment of the Nationwide ConVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 136. 136 1 sumer and Fuel Retailer Choice Act of 2 2024, and is accompanied by appropriate’’; 3 (ii) by striking ‘‘10 percent’’ and in4 serting ‘‘10 to 15 percent’’; and 5 (iii) by adding at the end the fol6 lowing: ‘‘Upon the enactment of the Na7 tionwide Consumer and Fuel Retailer 8 Choice Act of 2024, any State for which 9 the notification from the Governor of a 10 State was submitted before the date of en11 actment of the Nationwide Consumer and 12 Fuel Retailer Choice Act of 2024 and to 13 which the Administrator applied the Reid 14 Vapor Pressure limitation established by 15 paragraph (1) shall instead have the Reid 16 Vapor Pressure limitation established by 17 paragraph (4) apply to all fuel blends con18 taining gasoline and 10 to 15 percent de19 natured anhydrous ethanol that are sold, 20 offered for sale, dispensed, supplied, of21 fered for supply, transported, or introduced 22 into commerce in the area during the high 23 ozone season.’’. 24 (c) GENERATION OF CREDITS BY SMALL REFIN25 ERIES UNDER THE RENEWABLE FUEL PROGRAM.—SecVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 137. 137 1 tion 211(o)(9) of the Clean Air Act (42 U.S.C. 2 7545(o)(9)) is amended by adding at the end the fol3 lowing: 4 ‘‘(E) CREDITS GENERATED FOR 2016–2018 5 COMPLIANCE YEARS.— 6 ‘‘(i) RULE.—For any small refinery 7 described in clause (ii) or (iii), the credits 8 described in the respective clause shall 9 be— 10 ‘‘(I) returned to the small refin11 ery and, notwithstanding paragraph 12 (5)(C), deemed eligible for future 13 compliance years; or 14 ‘‘(II) applied as a credit in the 15 EPA Moderated Transaction System 16 (EMTS) account of the small refinery. 17 ‘‘(ii) COMPLIANCE YEARS 2016 AND 18 2017.—Clause (i) applies with respect to 19 any small refinery that— 20 ‘‘(I) retired credits generated for 21 compliance years 2016 or 2017; and 22 ‘‘(II) submitted a petition under 23 subparagraph (B)(i) for that compli24 ance year that remained outstanding 25 as of December 1, 2022. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 138. 138 1 ‘‘(iii) COMPLIANCE YEAR 2018.—In 2 addition to small refineries described in 3 clause (ii), clause (i) applies with respect 4 to any small refinery— 5 ‘‘(I) that submitted a petition 6 under subparagraph (B)(i) for compli7 ance year 2018 by September 1, 8 2019; 9 ‘‘(II) that retired credits gen10 erated for compliance year 2018 as 11 part of the compliance demonstration 12 of the small refinery for compliance 13 year 2018 by March 31, 2019; and 14 ‘‘(III) for which— 15 ‘‘(aa) the petition remained 16 outstanding as of December 1, 17 2022; or 18 ‘‘(bb) the Administrator de19 nied the petition as of July 1, 20 2022, and has not returned the 21 retired credits as of December 1, 22 2022.’’. 23 (d) ADDRESSING RENEWABLE FUEL MARKET MA24 NIPULATION AND TRANSPARENCY.—Not later than 90 25 days after the date of enactment of this Act, the AdminisVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 139. 139 1 trator of the Environmental Protection Agency, in collabo2 ration with the Commodity Futures Trading Commission, 3 shall— 4 (1) review all applicable Renewable Identifica5 tion Number (as described in section 80.1425 of title 6 40, Code of Federal Regulations (or successor regu7 lations)) data collected for the EPA Moderated 8 Transaction System (as defined in section 80.2 of 9 title 40, Code of Federal Regulations (or successor 10 regulations)); and 11 (2) submit to Congress a report that identifies 12 any additional data that should be collected to re13 duce renewable fuel market manipulation. 14 TITLE III—FOREIGN AFFAIRS 15 SEC. 301. GLOBAL ENGAGEMENT CENTER EXTENSION. 16 Section 1287(j) of the National Defense Authoriza17 tion Act for Fiscal Year 2017 (Public Law 114–328; 22 18 U.S.C. 2656 note) is amended by striking ‘‘on the date 19 that is 8 years after the date of the enactment of this 20 Act’’ and inserting ‘‘on the date that is 9 years after the 21 date of the enactment of this Act’’. 22 SEC. 302. HAITI CRIMINAL COLLUSION TRANSPARENCY 23 ACT OF 2024. 24 (a) REPORTING REQUIREMENTS.— 25 (1) DEFINITIONS.—In this subsection: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 140. 140 1 (A) The term ‘‘appropriate congressional 2 committees’’ means— 3 (i) the Committee on Foreign Rela4 tions of the Senate; 5 (ii) the Select Committee on Intel6 ligence of the Senate; 7 (iii) the Committee on the Judiciary 8 of the Senate; 9 (iv) the Committee on Banking, Hous10 ing, and Urban Affairs of the Senate; 11 (v) the Committee on Foreign Affairs 12 of the House of Representatives; 13 (vi) the Permanent Select Committee 14 on Intelligence of the House of Represent15 atives; 16 (vii) the Committee on the Judiciary 17 of the House of Representatives; and 18 (viii) the Committee on Financial 19 Services of the House of Representatives. 20 (B) The term ‘‘economic elites’’ means 21 board members, officers, and executives of 22 groups, committees, corporations, or other enti23 ties that exert substantial influence or control 24 over Haiti’s economy, infrastructure, or par25 ticular industries. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 141. 141 1 (C) The term ‘‘intelligence community’’ 2 has the meaning given such term in section 3 3(4) of the National Security Act of 1947 (50 4 U.S.C. 3003(4)). 5 (D) The term ‘‘political and economic 6 elites’’ means political elites and economic 7 elites. 8 (E) The term ‘‘political elites’’ means cur9 rent and former government officials and their 10 high-level staff, political party leaders, and po11 litical committee leaders. 12 (2) REPORT REQUIRED.— 13 (A) IN GENERAL.—Not later than 270 14 days after the date of the enactment of this 15 Act, and annually thereafter for the following 5 16 years, the Secretary of State, in coordination 17 with other Federal agencies as appropriate, 18 shall submit a report to the appropriate con19 gressional committees regarding the ties be20 tween criminal gangs and political and eco21 nomic elites in Haiti. The report shall— 22 (i) identify prominent criminal gangs 23 in Haiti, describe their criminal activities 24 including coercive recruitment, and identify VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 142. 142 1 their primary geographic areas of oper2 ations; 3 (ii) list Haitian political and economic 4 elites who knowingly have direct and sig5 nificant links to criminal gangs; 6 (iii) describe in detail the relationship 7 between the individuals listed pursuant to 8 clause (ii) and the criminal gangs identi9 fied pursuant to clause (i); 10 (iv) list Haitian political and economic 11 elites with links to criminal activities who 12 are currently subjected to visa restrictions 13 or sanctions by the United States, its 14 international partners, or the United Na15 tions, including information regarding— 16 (I) the date on which each such 17 Haitian political or economic elite was 18 designated for restrictions or sanc19 tions; 20 (II) which countries have des21 ignated such Haitian political and 22 economic elites for restrictions or 23 sanctions; and 24 (III) for Haitian political and 25 economic elites who were designated VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 143. 143 1 by the United States, the statutory 2 basis for such designation; 3 (v) describe in detail how Haitian po4 litical and economic elites use their rela5 tionships with criminal gangs to advance 6 their political and economic interests and 7 agenda; 8 (vi) include a list of each criminal or9 ganization assessed to be trafficking Hai10 tians and other individuals to the United 11 States border; 12 (vii) include an assessment of how the 13 nature and extent of collusion between po14 litical and economic elites and criminal 15 gangs threatens the Haitian people and 16 United States national interests and activi17 ties in the country, including the provision 18 of security assistance to the Haitian gov19 ernment; and 20 (viii) include an assessment of poten21 tial actions that the Government of the 22 United States and the Government of 23 Haiti could take to address the findings 24 made pursuant to clause (vii). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 144. 144 1 (B) FORM OF REPORT.—The report re2 quired under subparagraph (A) shall be sub3 mitted in unclassified form, but may include a 4 classified annex. 5 (3) DESIGNATIONS OF POLITICAL AND ECO6 NOMIC ELITES.— 7 (A) IN GENERAL.—The Secretary of State, 8 in coordination with the heads of other relevant 9 Federal agencies and departments, shall iden10 tify persons identified pursuant to clause (i) 11 and (ii) of paragraph (2)(A) who shall be sub12 jected to visa restrictions and may be subjected 13 to asset blocking sanctions under— 14 (i) section 7031(c) of the Department 15 of State, Foreign Operations, and Related 16 Programs Appropriations Act, 2022 (divi17 sion K of Public Law 117–103; 8 U.S.C. 18 1182 note); or 19 (ii) section 1263 of the Global 20 Magnitsky Human Rights Accountability 21 Act (22 U.S.C. 10102). 22 (B) WAIVER.—The President may waive 23 the requirements under subparagraph (A) with 24 respect to a foreign person if the President cer25 tifies and reports to the appropriate congresVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 145. 145 1 sional committees before such waiver is to take 2 effect that such waiver would serve a national 3 interest of the United States. 4 (C) PUBLIC AVAILABILITY.—The list of 5 persons identified pursuant to paragraph 6 (2)(A)(ii) shall be posted on a publicly acces7 sible website of the Department of State con8 currently with the submission of the report re9 quired under paragraph (2)(A). 10 (D) IMPLEMENTATION AUTHORITY.—The 11 President may exercise all authorities provided 12 to the President under sections 203 and 205 of 13 the International Emergency Economic Powers 14 Act (50 U.S.C. 1702 and 1704) for purposes of 15 carrying out this section. 16 (E) RULE OF CONSTRUCTION.—Nothing in 17 this section shall be construed to affect the 18 availability of any existing authorities to issue 19 waivers, exceptions, exemptions, licenses, or 20 other authorizations. 21 (4) SUNSET.—This section shall cease to have 22 effect on the date that is 5 years after the date of 23 the enactment of this Act. 24 (b) EXCEPTION RELATING TO IMPORTATION OF 25 GOODS.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 146. 146 1 (1) IN GENERAL.—A requirement to block and 2 prohibit all transactions in all property and interests 3 in property pursuant to the authority provided by 4 this section shall not include the authority or a re5 quirement to impose sanctions on the importation of 6 goods. 7 (2) GOOD DEFINED.—In this section, the term 8 ‘‘good’’ means any article, natural or manmade sub9 stance, material, supply or manufactured product, 10 including inspection and test equipment, and exclud11 ing technical data. 12 SEC. 303. EXTENSION OF SPECIAL RULES FOR HAITI 13 UNDER CARIBBEAN BASIN ECONOMIC RE14 COVERY ACT. 15 (a) IN GENERAL.—Section 213A of the Caribbean 16 Basin Economic Recovery Act (19 U.S.C. 2703a) is 17 amended— 18 (1) in subsection (b)— 19 (A) in paragraph (1)— 20 (i) by amending subparagraph 21 (B)(v)(I) to read as follows: 22 ‘‘(I) APPLICABLE PERCENT23 AGE.—The term ‘applicable percent24 age’ means 60 percent or more during 25 the period beginning on December 20, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 147. 147 1 2017, and ending on September 30, 2 2030.’’; and 3 (ii) by amending subparagraph (C) to 4 read as follows: 5 ‘‘(C) QUANTITATIVE LIMITATIONS.—The 6 preferential treatment described in subpara7 graph (A) shall be extended, during each period 8 after the initial applicable 1-year period, to not 9 more than 1.25 percent of the aggregate square 10 meter equivalents of all apparel articles im11 ported into the United States in the most re12 cent 12-month period for which data are avail13 able.’’; and 14 (B) in paragraph (2), by striking ‘‘in each 15 of the 16 succeeding 1-year periods’’ each place 16 it appears and inserting ‘‘in any of the suc17 ceeding 1-year periods’’; and 18 (2) by amending subsection (h) to read as fol19 lows: 20 ‘‘(h) TERMINATION.—The duty-free treatment pro21 vided under this section shall remain in effect until Sep22 tember 30, 2030.’’. 23 (b) MODIFICATIONS TO THE HARMONIZED TARIFF 24 SCHEDULE OF THE UNITED STATES.—The President 25 shall proclaim such modifications as may be necessary to VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 148. 148 1 the Harmonized Tariff Schedule of the United States to 2 restore such special tariff treatment to articles that lost 3 such treatment due to prior modifications made to U.S. 4 notes, tariff headings, subheadings or statistical suffixes 5 in chapters 1 through 97 of the Harmonized Tariff Sched6 ule of the United States before the date of the enactment 7 of this Act and remain eligible for such tariff treatment 8 due to the amendments made by subsection (a) to section 9 213A of the Caribbean Basin Economic Recovery Act. 10 SEC. 304. REPORTS ON FOREIGN BOYCOTTS OF ISRAEL. 11 (a) IN GENERAL.—Not later than 1 year after the 12 date of the enactment of this Act, and annually thereafter, 13 the head of the Office of Antiboycott Compliance of the 14 Bureau of Industry and Security of the Department of 15 Commerce shall submit to the Committee on Banking, 16 Housing, and Urban Affairs of the Senate and the Com17 mittee on Foreign Affairs of the House of Representatives 18 a report on foreign boycotts described in section 1773(a) 19 of the Anti-Boycott Act of 2018 (50 U.S.C. 4842(a)) tar20 geted at the State of Israel. 21 (b) ELEMENTS.—The report required by subsection 22 (a) shall include a description of— 23 (1) the foreign boycotts; and 24 (2) the steps taken by the Secretary of Com25 merce to enforce the provisions of the Anti-Boycott VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 149. 149 1 Act of 2018 (50 U.S.C. 4841 et seq.) with respect 2 to such boycotts. 3 (c) TERMINATION.—The requirement to submit re4 ports under subsection (a) shall terminate on the date that 5 is 5 years after the date of the enactment of this Act. 6 SEC. 305. LICENSING TRANSPARENCY. 7 Section 1756 of the Export Control Reform Act of 8 2018 (50 U.S.C. 4815) is amended by adding at the end 9 the following: 10 ‘‘(e) REPORT.— 11 ‘‘(1) IN GENERAL.—Not later than one year 12 after the date of the enactment of this subsection, 13 and not less frequently than annually thereafter, the 14 Secretary, shall, subject to the availability of appro15 priations, submit to the appropriate congressional 16 committees a report on license applications, enforce17 ment actions, and other requests for authorization 18 for the export, reexport, release, and in-country 19 transfer of items controlled under this part to cov20 ered entities. 21 ‘‘(2) ELEMENTS.—The report required by para22 graph (1) shall include, with respect to the one year 23 preceding the previous one-year period, the fol24 lowing: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 150. 150 1 ‘‘(A) For each license application or other 2 request for authorization, the name of the enti3 ty submitting the application, a brief descrip4 tion of the item (including the Export Control 5 Classification Number (ECCN) and level of 6 control, if applicable), the name of the end-user, 7 the end-user’s location, a value estimate, deci8 sion with respect to the license application or 9 authorization, and the date of submission. 10 ‘‘(B) The date, location, and result of any 11 related enforcement activities, such as end-use 12 checks, to ensure compliance with United 13 States export controls. 14 ‘‘(C) Aggregate statistics on all license ap15 plications and other requests for authorization 16 as described in subparagraph (A). 17 ‘‘(3) CONFIDENTIALITY OF INFORMATION.— 18 The information required to be provided in the re19 ports required by this subsection (other than the in20 formation required by paragraph (2)(C)) shall be ex21 empt from public disclosure pursuant to section 22 1761(h)(1). 23 ‘‘(4) DEFINITIONS.—In this subsection— 24 ‘‘(A) the term ‘appropriate congressional 25 committees’ means— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 151. 151 1 ‘‘(i) the Committee on Foreign Affairs 2 of the House of Representatives; and 3 ‘‘(ii) the Committee on Banking, 4 Housing, and Urban Affairs of the Senate; 5 and 6 ‘‘(B) the term ‘covered entity’ means any 7 entity that— 8 ‘‘(i) is located or operating in a coun9 try listed in Country Group D:5 under 10 Supplement No. 1 to part 740 of title 15, 11 Code of Federal Regulations; and 12 ‘‘(ii) is included on— 13 ‘‘(I) the list maintained and set 14 forth in Supplement No. 4 to part 15 744 of the Export Administration 16 Regulations; or 17 ‘‘(II) the list maintained and set 18 forth in Supplement No. 7 to part 19 744 of the Export Administration 20 Regulations.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 152. 152 1 SEC. 306. TEN-YEAR STATUTE OF LIMITATIONS FOR EX2 PORT CONTROL AND ANTI-BOYCOTT VIOLA3 TIONS. 4 (a) EXPORT CONTROL VIOLATIONS.—Section 1760 5 of the Export Control Reform Act of 2018 (50 U.S.C. 6 4819) is amended by adding at the end the following: 7 ‘‘(g) STATUTE OF LIMITATIONS.— 8 ‘‘(1) TIME FOR COMMENCING PROCEEDINGS.— 9 ‘‘(A) IN GENERAL.—An action, suit, or 10 proceeding for the enforcement of any civil fine, 11 penalty, or forfeiture, pecuniary or otherwise, 12 under this section may not be entertained un13 less the action, suit, or proceeding is com14 menced within the 10-year period beginning on 15 the date of the violation upon which the civil 16 fine, penalty, or forfeiture is based. 17 ‘‘(B) COMMENCEMENT.—For purposes of 18 subparagraph (A), the commencement of an ac19 tion, suit, or proceeding includes the issuance of 20 a charging letter. 21 ‘‘(2) TIME FOR INDICTMENT.—No person may 22 be prosecuted, tried, or punished for any offense 23 under subsection (a) unless the indictment is found 24 or the information is instituted within the 10-year 25 period beginning on the latest date of the violation 26 upon which the indictment or information is based.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 153. 153 1 (b) ANTI-BOYCOTT VIOLATIONS.—Section 1774 of 2 the Export Control Reform Act of 2018 (50 U.S.C. 4843) 3 is amended by adding at the end the following: 4 ‘‘(e) STATUTE OF LIMITATIONS.— 5 ‘‘(1) TIME FOR COMMENCING PROCEEDINGS.— 6 ‘‘(A) IN GENERAL.—An action, suit, or 7 proceeding for the enforcement of any civil fine, 8 penalty, or forfeiture, pecuniary or otherwise, 9 under this section may not be entertained un10 less the action, suit, or proceeding is com11 menced within the 10-year period beginning on 12 the date of the violation upon which the civil 13 fine, penalty, or forfeiture is based. 14 ‘‘(B) COMMENCEMENT.—For purposes of 15 subparagraph (A), the commencement of an ac16 tion, suit, or proceeding includes the issuance of 17 a charging letter. 18 ‘‘(2) TIME FOR INDICTMENT.—No person shall 19 be prosecuted, tried, or punished for any offense 20 under section 1773(a)(1) unless the indictment is 21 found or the information is instituted within the 10- 22 year period beginning on the latest date of the viola23 tion upon which the indictment or information is 24 based.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 154. 154 1 TITLE IV—VETERANS 2 SEC. 401. PROTECTING REGULAR ORDER FOR VETERANS 3 ACT OF 2024. 4 (a) SHORT TITLE.—This section may be cited as the 5 ‘‘Protecting Regular Order for Veterans Act of 2024’’ or 6 the ‘‘PRO Veterans Act of 2024’’. 7 (b) QUARTERLY BRIEFINGS ON DEPARTMENT OF 8 VETERANS AFFAIRS BUDGETARY SHORTFALLS.— 9 (1) QUARTERLY BRIEFINGS.— 10 (A) QUARTERLY BRIEFINGS REQUIRED.— 11 During the first quarter beginning after the 12 date of the enactment of this Act and in each 13 quarter thereafter until the date that is three 14 years after the date of the enactment of this 15 Act, the Secretary of Veterans Affairs shall pro16 vide to the appropriate committees of Congress 17 a quarterly briefing, in person, on the budget of 18 the Department of Veterans Affairs and any 19 shortfall the Department may be experiencing. 20 (B) PLANS.—In any case in which the Sec21 retary informs Congress during a briefing 22 under paragraph (1) that the Department is ex23 periencing a shortfall, the Secretary shall, dur24 ing such briefing, present the plans of the Sec25 retary to address or mitigate the shortfall. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 155. 155 1 (2) DEFINITIONS.—In this subsection: 2 (A) APPROPRIATE COMMITTEES OF CON3 GRESS.—The term ‘‘appropriate committees of 4 Congress’’ means— 5 (i) the Committee on Veterans’ Af6 fairs and the Committee on Appropriations 7 of the Senate; and 8 (ii) the Committee on Veterans’ Af9 fairs and the Committee on Appropriations 10 of the House of Representatives. 11 (B) SHORTFALL.—The term ‘‘shortfall’’, 12 with respect to a fiscal year, means that the 13 amount of appropriations required by the De14 partment of Veterans Affairs for such fiscal 15 year to meet all of the statutory obligations of 16 the Department during that fiscal year exceeds 17 the amount of appropriations requested for the 18 Department for that fiscal year in the budget of 19 the President submitted pursuant to section 20 1105(a) of title 31, United States Code, for 21 that fiscal year. 22 (c) LIMITATIONS ON PROVISION OF INCENTIVES FOR 23 CRITICAL SKILLS TO SENIOR EXECUTIVE SERVICE EM24 PLOYEES OF DEPARTMENT OF VETERANS AFFAIRS.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 156. 156 1 Section 706(d) of title 38, United States Code, is amended 2 by adding at the end the following: 3 ‘‘(7)(A) Subject to subparagraph (B)(ii), a critical 4 skill incentive may not be provided under paragraph (1) 5 to an employee of the Department employed in a Senior 6 Executive Service position, or a position in another com7 parable system for senior-level Government employees, as 8 defined by the Secretary, whose position is at the Central 9 Office of the Department, including the Veterans Health 10 Administration, the Veterans Benefits Administration, 11 and the National Cemetery Administration, regardless of 12 the actual location where the employee performs the func13 tions of the position. 14 ‘‘(B)(i) A critical skill incentive provided under para15 graph (1) to an employee of the Department employed in 16 a Senior Executive Service position, or a position in an17 other comparable system for senior-level Government em18 ployees, as defined by the Secretary, not described in sub19 paragraph (A) of this paragraph may only be provided— 20 ‘‘(I) on an individual basis and may not be pro21 vided to a group of such employees; and 22 ‘‘(II) upon approval of the following officers or 23 those serving in an acting capacity: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 157. 157 1 ‘‘(aa) The Under Secretary for Benefits, 2 the Under Secretary for Health, or the Under 3 Secretary for Memorial Affairs. 4 ‘‘(bb) The Assistant Secretary for Human 5 Resources and Administration. 6 ‘‘(cc) The Director of the Office of Man7 agement or the Chief Financial Officer. 8 ‘‘(dd) The Assistant Secretary for Ac9 countability and Whistleblower Protection. 10 ‘‘(ee) The General Counsel. 11 ‘‘(ff) Such other officers as the Secretary 12 determines appropriate. 13 ‘‘(ii) In the case of an employee of the Department 14 employed in a Senior Executive Service position, or a posi15 tion in another comparable system for senior-level Govern16 ment employees, as defined by the Secretary, whose posi17 tion is primarily at the Central Office of the Department, 18 but who performs some portion of the employee’s job func19 tion at other facilities of the Department, as defined by 20 the Secretary, not at Central Office— 21 ‘‘(I) the employee shall not be considered de22 scribed in subparagraph (A) with respect to the por23 tion of the employee’s job function that is based out 24 of non-Central Office facilities of the Department; 25 and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 158. 158 1 ‘‘(II) any critical skill incentive provided under 2 paragraph (1) to the employee for the portion of the 3 employee’s job function that is based out of facilities 4 of the Department other than the Central Office 5 shall be proportionate to the time spent at those De6 partment facilities. 7 ‘‘(C)(i) Not later than one year after the date of the 8 enactment of the Protecting Regular Order for Veterans 9 Act of 2024, and not less frequently than once each year 10 thereafter, the Secretary shall submit to the Committee 11 on Veterans’ Affairs of the Senate and the Committee on 12 Veterans’ Affairs of the House of Representatives an an13 nual report on the employees of the Department employed 14 in a Senior Executive Service position, or a position in 15 another comparable system for senior-level Government 16 employees, as defined by the Secretary, who were provided 17 a critical skill incentive under paragraph (1). 18 ‘‘(ii) Reports submitted pursuant to clause (i) may 19 be submitted by incorporating their contents into other 20 congressionally mandated reports to the committees de21 scribed in such clause. 22 ‘‘(D) In this paragraph, the term ‘Senior Executive 23 Service position’ has the meaning given such term in sec24 tion 3132(a) of title 5.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 159. 159 1 SEC. 402. IMPROVING VETERANS’ EXPERIENCE ACT OF 2024. 2 (a) SHORT TITLE.—This section may be cited as the 3 ‘‘Improving Veterans’ Experience Act of 2024’’. 4 (b) ESTABLISHMENT OF VETERANS EXPERIENCE 5 OFFICE.— 6 (1) IN GENERAL.—Chapter 3 of title 38, United 7 States Code, is amended by adding at the end the 8 following new section: 9 ‘‘§ 325. Veterans Experience Office 10 ‘‘(a) ESTABLISHMENT.—There is established in the 11 Department within the Office of the Secretary an office 12 to be known as the ‘Veterans Experience Office’ (in this 13 section referred to as the ‘Office’). 14 ‘‘(b) HEAD OF OFFICE.—(1) The head of the Office 15 shall be the Chief Veterans Experience Officer. 16 ‘‘(2) The Chief Veterans Experience Officer shall— 17 ‘‘(A) be appointed by the Secretary from among 18 individuals the Secretary considers qualified to per19 form the duties of the position; 20 ‘‘(B) report directly to the Secretary; and 21 ‘‘(C) be responsible for carrying out the func22 tions of the Office set forth under subsection (c). 23 ‘‘(c) FUNCTION.—The functions of the Office are as 24 follows: 25 ‘‘(1) Carrying out the key customer experience 26 initiatives of the Department relating to veterans’ VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 160. 160 1 and other beneficiaries’ satisfaction with and usage 2 of benefits and services furnished under laws admin3 istered by the Secretary for which they are eligible, 4 including setting the strategy, framework, policy, 5 and other guidance for the Department relating to 6 customer experience, including ensuring the activi7 ties of the Office and those of other organizations 8 and offices within the Department are coordinated 9 and not duplicative. 10 ‘‘(2) Requiring the heads of other organizations 11 and offices within the Department to report regu12 larly on customer experience metrics, action plans, 13 and other customer experience improvement efforts 14 to the Chief Veterans Experience Officer. 15 ‘‘(3) Collecting veteran-derived data— 16 ‘‘(A) to determine veteran and beneficiary 17 satisfaction with and usage of the benefits and 18 services furnished under laws administered by 19 the Secretary for which they are eligible; and 20 ‘‘(B) to be considered during policymaking. 21 ‘‘(4) Providing strategic guidance and strategies 22 to Department entities for engaging with veterans 23 and beneficiaries regarding benefits and services fur24 nished under laws administered by the Secretary, in25 cluding those not using such benefits and services. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 161. 161 1 ‘‘(5) Assessing and advising the Secretary on 2 the accuracy and helpfulness of the websites and 3 other customer-facing information of the Depart4 ment, be it available electronically or in any other 5 format. 6 ‘‘(6) Assessing and advising the Secretary on 7 the status and opportunities for improvement of the 8 customer service efforts of the Department. 9 ‘‘(d) REPORTS.—(1) Each year, the Chief Veterans 10 Experience Officer shall submit to the Secretary a sum11 mary of the data received by the Chief Veterans Experi12 ence Officer under subsection (c)(2). 13 ‘‘(2) Each year, not later than 180 days after the 14 date on which the Secretary receives the summary under 15 paragraph (1), the Secretary shall submit to Congress an 16 annual summary and analysis of the matters summarized 17 pursuant to such paragraph. 18 ‘‘(3) Each annual summary submitted pursuant to 19 paragraph (2) shall include the following: 20 ‘‘(A) Data regarding customer service and expe21 rience feedback, disaggregated by benefit or service 22 furnished under laws administered by the Secretary, 23 and relevant demographic data of the veterans and 24 beneficiaries providing the feedback. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 162. 162 1 ‘‘(B) Data regarding veteran and beneficiary 2 satisfaction with and usage of benefits or services, 3 disaggregated by benefit or service furnished under 4 laws administered by the Secretary, and relevant de5 mographic data of the veterans and beneficiaries 6 providing the feedback, including— 7 ‘‘(i) potential reasons for not using the 8 benefits or services, such as— 9 ‘‘(I) eligibility; 10 ‘‘(II) lack of knowledge or awareness 11 of existence of benefit or service; 12 ‘‘(III) barriers of technology, informa13 tion, or time; and 14 ‘‘(IV) other related reasons; and 15 ‘‘(ii) an analysis of how such reasons may 16 be addressed. 17 ‘‘(e) STAFF AND RESOURCES.—(1) The Secretary 18 shall ensure that— 19 ‘‘(A) the Office has such staff, resources, and 20 access to customer service and experience informa21 tion as may be necessary to carry out the functions 22 of the Office; and 23 ‘‘(B) any information provided to the Office 24 does not include personally identifiable information 25 of an individual veteran, survivor, dependent, or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 163. 163 1 other beneficiary unless such individual provides ap2 propriate consent to allow such information to be 3 shared with the Office. 4 ‘‘(2) Funds available for basic pay and other adminis5 trative expenses of other Department organizations and 6 offices may be available to reimburse the Office for all 7 services provided at rates which will recover actual costs 8 for services provided to such organizations if the Secretary 9 determines that contributing to such costs will not under10 mine the ability of any such organization or office to pro11 vide services required by such office. 12 ‘‘(3) Nothing in this subsection shall be construed to 13 authorize an increase in the number of full-time employees 14 otherwise authorized for the Department. 15 ‘‘(f) PRIVACY.—Nothing in this section shall be con16 strued to authorize the Chief Veterans Experience Officer 17 to disclose any record in contravention of section 552a of 18 title 5 (commonly referred to as the ‘Privacy Act of 19 1974’). 20 ‘‘(g) SUNSET.—The requirements and authorities of 21 this section shall terminate on September 30, 2028.’’. 22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of chapter 3 of such title is 24 amended by adding at the end the following new 25 item: ‘‘325. Veterans Experience Office.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00163 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 164. 164 1 (c) COMPTROLLER GENERAL REVIEW OF VETERANS 2 EXPERIENCE OFFICE AND CUSTOMER SERVICE IMPROVE3 MENT EFFORTS.—Not later than 540 days after the date 4 of the enactment of this Act, the Comptroller General of 5 the United States shall— 6 (1) complete an analysis of the methodology, ef7 fectiveness, and implementation of findings and 8 feedback of veterans and beneficiaries used by the 9 Department of Veterans Affairs, including the Vet10 erans Experience Office, to improve veteran and 11 beneficiary customer experience and satisfaction, in12 cluding through the use of what are known as 13 ‘‘trust-scores’’, Veteran Signals also known as 14 ‘‘VSignals’’, and related survey and data collection 15 activities, processes, and initiatives; and 16 (2) submit to the Committee on Veterans’ Af17 fairs of the Senate and the Committee on Veterans’ 18 Affairs of the House of Representatives a report set19 ting forth the findings of the Comptroller General 20 with respect to the analysis completed pursuant to 21 paragraph (1). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 165. 165 1 SEC. 403. NAMING THE DEPARTMENT OF VETERANS AF2 FAIRS COMMUNITY-BASED OUTPATIENT 3 CLINIC IN PLANO, TEXAS, AS THE ‘‘U.S. CON4 GRESSMAN SAM JOHNSON MEMORIAL VA 5 CLINIC’’. 6 (a) SHORT TITLE.—This section may be cited as the 7 ‘‘U.S. Congressman Sam Johnson Memorial VA Clinic 8 Act’’. 9 (b) NAME OF DEPARTMENT OF VETERANS AFFAIRS 10 COMMUNITY-BASED OUTPATIENT CLINIC, PLANO, 11 TEXAS.— The Department of Veterans Affairs commu12 nity-based outpatient clinic in Plano, Texas, shall after the 13 date of the enactment of this Act be known and designated 14 as the ‘‘U.S. Congressman Sam Johnson Memorial VA 15 Clinic’’. Any reference to such clinic in any law, regula16 tion, map, document, record, or other paper of the United 17 States shall be considered to be a reference to the U.S. 18 Congressman Sam Johnson Memorial VA Clinic. 19 SEC. 404. EDDIE BERNICE JOHNSON VA MEDICAL CENTER. 20 (a) FINDINGS.—Congress finds the following: 21 (1) Congresswoman Eddie Bernice Johnson 22 served the veteran community diligently during her 23 16 years working as the Chief Psychiatric Nurse of 24 the Dallas VA Medical Center. 25 (2) Throughout her 30 years in Congress, 26 Eddie Bernice Johnson introduced numerous bills VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 166. 166 1 that sought to honor and serve the patriots who so 2 nobly served their country. 3 (3) Congresswoman Johnson introduced, and 4 won passage of, the Dr. James Allen Veteran Vision 5 Equity Act of 2007 (Public Law 110–157; 38 6 U.S.C. 101 note), which assists those wounded in 7 service in receiving the treatment they need, and in8 creases the dignity shown to those who gave their 9 last full measure of devotion to the country that they 10 served. 11 (4) Congresswoman Eddie Bernice Johnson was 12 a trailblazer who worked tirelessly on behalf of 13 American veterans and has earned the respect and 14 honor of her native city of Dallas, State of Texas, 15 the United States, and the Congress. 16 (b) DESIGNATION OF THE EDDIE BERNICE JOHNSON 17 VA MEDICAL CENTER.— 18 (1) DESIGNATION.—The Dallas Veterans Cen19 ter of the Department of Veterans Affairs located at 20 4500 South Lancaster Road, Dallas, Texas, shall, 21 after the date of the enactment of this Act, be 22 known and designated as the ‘‘Eddie Bernice John23 son VA Medical Center’’. 24 (2) REFERENCE.—Any reference in any law, 25 regulation, map, document, paper, or other record of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 167. 167 1 the United States to the veterans center referred to 2 in paragraph (1). 3 TITLE V—COMPREHENSIVE OUT4 BOUND INVESTMENT NA5 TIONAL SECURITY ACT OF 6 2024 7 SEC. 1. SHORT TITLE. 8 This title may be cited as the ‘‘Comprehensive Out9 bound Investment National Security Act of 2024’’ or 10 ‘‘COINS Act of 2024’’. 11 SEC. 2. SECRETARY DEFINED. 12 Except as otherwise provided, in this title, the term 13 ‘‘Secretary’’ means the Secretary of the Treasury. 14 SEC. 3. SEVERABILITY. 15 If any provision of this title, or the application there16 of, is held invalid, the validity of the remainder of this 17 title and the application of such provision to other persons 18 and circumstances shall not be affected thereby. 19 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 20 (a) IN GENERAL.—There is authorized to be appro21 priated $150,000,000 to the Department of the Treasury, 22 out of which amounts may be transferred to the Depart23 ment of Commerce to jointly conduct outreach to industry 24 and persons affected by this title, for each of the first two VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 168. 168 1 fiscal years beginning on or after the date of the enact2 ment of this Act, to carry out this title. 3 (b) HIRING AUTHORITY.— 4 (1) BY THE PRESIDENT.—The President may 5 appoint, without regard to the provisions of sections 6 3309 through 3318 of title 5, United States Code, 7 not more than 15 individuals directly to positions in 8 the competitive service (as defined in section 2102 of 9 that title) to carry out this title. 10 (2) BY AGENCIES.—The Secretary and the Sec11 retary of Commerce may appoint, without regard to 12 the provisions of sections 3309 through 3318 of title 13 5, United States Code, individuals directly to posi14 tions in the competitive service (as defined in section 15 2102 of that title) of the Department of the Treas16 ury and the Department of Commerce, respectively, 17 to carry out this title. 18 SEC. 5. TERMINATION. 19 This title shall cease to have any force or effect on 20 the date on which the Secretary of Commerce revises sec21 tion 791.4 of title 15, Code of Federal Regulations, to re22 move the People’s Republic of China from the list of for23 eign adversaries contained in such section. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 169. 169 1 Subtitle A—Imposition of Sanctions 2 SEC. 101. IMPOSITION OF SANCTIONS. 3 (a) IN GENERAL.—The President may impose the 4 sanctions described in subsection (b) with respect to any 5 foreign person determined by the Secretary, in consulta6 tion with the Secretary of State, to be a covered foreign 7 person. 8 (b) SANCTIONS DESCRIBED.—The President may ex9 ercise all of the powers granted to the President under 10 the International Emergency Economic Powers Act (50 11 U.S.C. 1701 et seq.) to the extent necessary to block and 12 prohibit all transactions in property and interests in prop13 erty of a foreign person that is determined to be a covered 14 foreign person pursuant to subsection (a) if such property 15 and interests in property are in the United States, come 16 within the United States, or are or come within the posses17 sion or control of a United States person. 18 (c) PENALTIES.—The penalties provided for in sub19 sections (b) and (c) of section 206 of the International 20 Emergency Economic Powers Act (50 U.S.C. 1705) shall 21 apply to any person who violates, attempts to violate, con22 spires to violate, or causes a violation of any prohibition 23 of this section, or an order or regulation prescribed under 24 this section, to the same extent that such penalties apply VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 170. 170 1 to a person that commits an unlawful act described in sec2 tion 206(a) of such Act (50 U.S.C. 1705(a)). 3 (d) EXCEPTION FOR INTELLIGENCE AND LAW EN4 FORCEMENT ACTIVITIES.—Sanctions under this section 5 shall not apply with respect to any activity subject to the 6 reporting requirements under title V of the National Secu7 rity Act of 1947 (50 U.S.C. 3091 et seq.) or any author8 ized intelligence activities of the United States. 9 (e) EXCEPTION FOR UNITED STATES GOVERNMENT 10 ACTIVITIES.—Nothing in this section shall prohibit trans11 actions for the conduct of the official business of the Fed12 eral Government by employees, grantees, or contractors 13 thereof. 14 (f) REPORT TO CONGRESS.—Not later than 365 days 15 after the date of the enactment of this Act, and annually 16 thereafter for 7 years, the Secretary shall submit to the 17 appropriate congressional committees a report that— 18 (1) states whether each foreign person on the 19 Non-SDN Chinese Military-Industrial Complex Com20 panies List is a covered foreign person; and 21 (2) shall be submitted in unclassified form, but 22 may include a classified annex. 23 (g) CONSIDERATION OF CERTAIN INFORMATION IN 24 IMPOSING SANCTIONS.—In determining whether a foreign 25 person is a covered foreign person, the President— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 171. 171 1 (1) may consider credible information obtained 2 by other countries, nongovernmental organizations, 3 or the appropriate congressional committees that re4 lates to the foreign person; and 5 (2) may consider any other information that the 6 Secretary deems relevant. 7 (h) ADMINISTRATIVE PROVISIONS.—The President 8 may exercise all authorities provided under sections 203 9 and 205 of the International Emergency Economic Powers 10 Act (50 U.S.C. 1702 and 1704) to carry out this section. 11 (i) DELEGATION.—The President shall delegate the 12 authorities granted by this section to the Secretary. 13 SEC. 102. DEFINITIONS. 14 In this subtitle: 15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means— 18 (A) the Committee on Financial Services 19 and the Committee on Foreign Affairs of the 20 House of Representatives; and 21 (B) the Committee on Banking, Housing, 22 and Urban Affairs and the Committee on For23 eign Relations of the Senate. 24 (2) COUNTRY OF CONCERN.—The term ‘‘coun25 try of concern’’— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 172. 172 1 (A) means the People’s Republic of China; 2 and 3 (B) includes the Hong Kong Special Ad4 ministrative Region and the Macau Special Ad5 ministrative Region. 6 (3) COVERED FOREIGN PERSON.—The term 7 ‘‘covered foreign person’’ means a foreign person— 8 (A)(i) that is incorporated in, has a prin9 cipal place of business in, or is organized under 10 the laws of a country of concern; 11 (ii) the equity securities of which are pri12 marily traded in the ordinary course of business 13 on one or more exchanges in a country of con14 cern; 15 (iii) that is a member of the Central Com16 mittee of the Chinese Communist Party; 17 (iv) that is the state or the government of 18 a country of concern, as well as any political 19 subdivision, agency, or instrumentality thereof; 20 (v) that is subject to the direction or con21 trol of any entity described in clause (i), (ii), 22 (iii), or (iv); or 23 (vi) that is owned in the aggregate, directly 24 or indirectly, 50 percent or more by an entity VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 173. 173 1 or a group of entities described in clause (i), 2 (ii), (iii), or (iv); and 3 (B) that knowingly engaged in significant 4 operations in the defense and related materiel 5 sector or the surveillance technology sector of 6 the economy of a country of concern. 7 (4) FOREIGN PERSON.—The term ‘‘foreign per8 son’’ means a person, country, state, or government 9 (and any political subdivision, agency, or instrumen10 tality thereof) that is not a United States person. 11 (5) NON-SDN CHINESE MILITARY-INDUSTRIAL 12 COMPLEX COMPANIES LIST.—The term ‘‘Non-SDN 13 Chinese Military-Industrial Complex Companies 14 List’’ means the list maintained by the Office of 15 Foreign Assets Control of the Department of the 16 Treasury under Executive Order 13959, as amended 17 by Executive Order 14032 (50 U.S.C. 1701 note; re18 lating to addressing the threat from securities in19 vestments that finance certain companies of the Peo20 ple’s Republic of China), or any successor order. 21 (6) UNITED STATES PERSON.—The term 22 ‘‘United States person’’ means— 23 (A) any United States citizen or an alien 24 lawfully admitted for permanent residence to 25 the United States; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 174. 174 1 (B) an entity organized under the laws of 2 the United States or of any jurisdiction within 3 the United States (including any foreign branch 4 of such an entity); or 5 (C) any person in the United States. 6 Subtitle B—Prohibition and Notifi7 cation on Investments Relating 8 to Covered National Security 9 Transactions 10 SEC. 111. PROHIBITION AND NOTIFICATION ON INVEST11 MENTS RELATING TO COVERED NATIONAL 12 SECURITY TRANSACTIONS. 13 The Defense Production Act of 1950 (50 U.S.C. 14 4501 et seq.) is amended by adding at the end the fol15 lowing: 16 ‘‘TITLE VIII—PROHIBITION AND 17 NOTIFICATION ON INVEST18 MENTS RELATING TO COV19 ERED NATIONAL SECURITY 20 TRANSACTIONS 21 ‘‘SEC. 801. PROHIBITION ON INVESTMENTS. 22 ‘‘(a) IN GENERAL.—The Secretary may prohibit, in 23 accordance with regulations issued under subsection (e), 24 a United States person from knowingly engaging in a covVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 175. 175 1 ered national security transaction in a prohibited tech2 nology. 3 ‘‘(b) EVASION.—Any transaction by a United States 4 person or within the United States that evades or avoids, 5 has the purpose of evading or avoiding, causes a violation 6 of, or attempts to violate the prohibition set forth in sub7 section (a) is prohibited. 8 ‘‘(c) WAIVER.—Subject to subsection (d), the Sec9 retary is authorized to exempt from the prohibition set 10 forth in subsection (a) any activity determined by the 11 President, in consultation with the Secretary, the Sec12 retary of Commerce and, as appropriate, the heads of 13 other relevant Federal departments and agencies, to be in 14 the national interest of the United States. 15 ‘‘(d) CONGRESSIONAL NOTIFICATION.—The Sec16 retary shall— 17 ‘‘(1) notify the appropriate congressional com18 mittees not later than 5 business days after issuing 19 a waiver under subsection (c); and 20 ‘‘(2) include in such notification an identifica21 tion of the national interest justifying the use of the 22 waiver. 23 ‘‘(e) REGULATIONS.— 24 ‘‘(1) IN GENERAL.—The Secretary, in consulta25 tion with the Secretary of Commerce and, as approVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 176. 176 1 priate, the heads of other relevant Federal depart2 ments and agencies, may issue regulations to carry 3 out this section in accordance with subchapter II of 4 chapter 5 and chapter 7 of title 5, United States 5 Code (commonly known as ‘Administrative Proce6 dure Act’). 7 ‘‘(2) NON-BINDING FEEDBACK.— 8 ‘‘(A) IN GENERAL.—The regulations issued 9 under paragraph (1) shall include a process 10 under which a person can request non-binding 11 feedback on a confidential basis as to whether 12 a transaction would constitute a covered na13 tional security transaction in a prohibited tech14 nology. 15 ‘‘(B) AUTHORITY TO LIMIT FRIVOLOUS 16 FEEDBACK REQUESTS.—In establishing the 17 process required by subparagraph (A), the Sec18 retary may prescribe limitations on requests for 19 feedback identified as frivolous for purposes of 20 this subsection. 21 ‘‘(3) NOTICE AND OPPORTUNITY TO CURE.— 22 ‘‘(A) IN GENERAL.—The regulations issued 23 under paragraph (1) shall account for whether 24 a United States person has self-identified a vio25 lation of the prohibition set forth in subsection VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 177. 177 1 (a) in determining the legal consequences of 2 that violation. 3 ‘‘(B) SELF-DISCLOSURE LETTERS.—The 4 regulations issued under paragraph (1) shall 5 dictate the form and content of a letter of self6 disclosure, which shall include relevant facts 7 about the violation, why the United States per8 son believes its activity to have violated the pro9 hibition set forth in subsection (a), and a pro10 posal for mitigation of the harm of such action. 11 ‘‘(4) PUBLIC NOTICE AND COMMENT.—The reg12 ulations issued under paragraph (1) shall be subject 13 to public notice and comment. 14 ‘‘(5) LOW-BURDEN REGULATIONS.—In issuing 15 regulations under paragraph (1), the Secretary shall 16 balance the priority of protecting the national secu17 rity interest of the United States while, to the extent 18 practicable— 19 ‘‘(A) minimizing the cost and complexity of 20 compliance for affected parties, including the 21 duplication of reporting requirements under 22 current regulations; 23 ‘‘(B) adopting the least burdensome alter24 native that achieves regulatory objectives; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 178. 178 1 ‘‘(C) prioritizing transparency and stake2 holder involvement in the process of issuing the 3 rules. 4 ‘‘(6) PENALTIES.— 5 ‘‘(A) IN GENERAL.—The regulations issued 6 under paragraph (1) shall provide for the impo7 sition of civil penalties described in subpara8 graph (B) for violations of the prohibition set 9 forth in subsection (a). 10 ‘‘(B) PENALTIES DESCRIBED.— 11 ‘‘(i) UNLAWFUL ACTS.—It shall be 12 unlawful for a person to violate, attempt to 13 violate, conspire to violate, or cause a vio14 lation of any license, order, regulation, no15 tification requirement, or prohibition 16 issued under this section. 17 ‘‘(ii) CIVIL PENALTY.—The Secretary 18 may impose a civil penalty on any person 19 who commits an unlawful act described in 20 clause (i) in an amount not to exceed the 21 greater of— 22 ‘‘(I) $250,000; or 23 ‘‘(II) an amount that is twice the 24 amount of the transaction that is the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 179. 179 1 basis of the violation with respect to 2 which the penalty is imposed. 3 ‘‘(iii) DIVESTMENT.—The Secretary 4 may compel the divestment of a covered 5 national security transaction in a prohib6 ited technology determined to be in viola7 tion of this title. 8 ‘‘(iv) RELIEF.—The President may di9 rect the Attorney General of the United 10 States to seek appropriate relief, including 11 divestment relief, in the district courts of 12 the United States, in order to implement 13 and enforce this title. 14 ‘‘(7) BURDEN OF PROOF.—In accordance with 15 section 556(d) of title 5, United States Code, in an 16 enforcement action for a violation of the prohibition 17 set forth in subsection (a), the burden of proof shall 18 be upon the Secretary. 19 ‘‘SEC. 802. NOTIFICATION ON INVESTMENTS. 20 ‘‘(a) MANDATORY NOTIFICATION.—Not later than 21 450 days after the date of the enactment of this title, the 22 Secretary shall issue regulations prescribed in accordance 23 with subsection (b), to require a United States person that 24 engages in a covered national security transaction in a 25 prohibited technology (unless the Secretary has exercised VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 180. 180 1 the authority provided by section 801(a) to prohibit know2 ingly engaging in such covered national security trans3 action) or a notifiable technology to submit to the Sec4 retary a written notification of the transaction not later 5 than 30 days after the completion date of the transaction. 6 ‘‘(b) REGULATIONS.— 7 ‘‘(1) IN GENERAL.—Not later than 450 days 8 after the date of the enactment of this title, the Sec9 retary, in consultation with the Secretary of Com10 merce and, as appropriate, the heads of other rel11 evant Federal departments and agencies, shall issue 12 regulations to carry out this section in accordance 13 with subchapter II of chapter 5 and chapter 7 of 14 title 5, United States Code (commonly known as 15 ‘Administrative Procedure Act’). 16 ‘‘(2) PUBLIC NOTICE AND COMMENT.—The reg17 ulations issued under paragraph (1) shall be subject 18 to public notice and comment. 19 ‘‘(3) LOW-BURDEN REGULATIONS.—In issuing 20 regulations under paragraph (1), the Secretary shall 21 balance the priority of protecting the national secu22 rity interest of the United States while, to the extent 23 practicable— 24 ‘‘(A) minimizing the cost and complexity of 25 compliance for affected parties, including the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 181. 181 1 duplication of reporting requirements under 2 current regulation; 3 ‘‘(B) adopting the least burdensome alter4 native that achieves regulatory objectives; and 5 ‘‘(C) prioritizing transparency and stake6 holder involvement in the process of issuing the 7 rules. 8 ‘‘(4) PENALTIES.— 9 ‘‘(A) IN GENERAL.—The regulations issued 10 under paragraph (1) shall provide for the impo11 sition of civil penalties described in subpara12 graph (B) for violations of the notification re13 quirement set forth in subsection (a). 14 ‘‘(B) PENALTIES DESCRIBED.— 15 ‘‘(i) UNLAWFUL ACTS.—It shall be 16 unlawful for a person to violate, attempt to 17 violate, conspire to violate, or cause a vio18 lation of any license, order, regulation, no19 tification requirement, or prohibition 20 issued under this section. 21 ‘‘(ii) CIVIL PENALTY.—A civil penalty 22 may be imposed on any person who com23 mits an unlawful act described in clause (i) 24 in an amount not to exceed the greater 25 of— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 182. 182 1 ‘‘(I) $250,000; or 2 ‘‘(II) an amount that is twice the 3 amount of the transaction that is the 4 basis of the violation with respect to 5 which the penalty is imposed. 6 ‘‘(5) BURDEN OF PROOF.—In accordance with 7 section 556(d) of title 5, United States Code, in an 8 enforcement action for a violation of the prohibition 9 set forth in subsection (a), the burden of proof shall 10 be upon the Secretary. 11 ‘‘(6) COMPLETENESS OF NOTIFICATION.— 12 ‘‘(A) IN GENERAL.—The Secretary shall, 13 upon receipt of a notification under subsection 14 (a), and in consultation with the Secretary of 15 Commerce, promptly inspect the notification for 16 completeness. 17 ‘‘(B) INCOMPLETE NOTIFICATIONS.—If a 18 notification submitted under subsection (a) is 19 incomplete, the Secretary shall promptly inform 20 the United States person that submits the noti21 fication that the notification is not complete 22 and provide an explanation of relevant material 23 respects in which the notification is not com24 plete. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 183. 183 1 ‘‘(7) IDENTIFICATION OF NON-NOTIFIED ACTIV2 ITY.—The Secretary, in coordination with the Sec3 retary of Commerce, shall establish a process to 4 identify covered national security transactions in a 5 prohibited technology or a notifiable technology for 6 which— 7 ‘‘(A) a notification is not submitted to the 8 Secretary under subsection (a); and 9 ‘‘(B) information is reasonably available. 10 ‘‘(c) CONFIDENTIALITY OF INFORMATION.— 11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), any information or documentary material 13 filed with the Secretary pursuant to this section 14 shall be exempt from disclosure under section 15 552(b)(3) of title 5, United States Code, and no 16 such information or documentary material may be 17 made public by any government agency or Member 18 of Congress. 19 ‘‘(2) EXCEPTIONS.—The exemption from disclo20 sure provided by paragraph (1) shall not prevent the 21 disclosure of the following: 22 ‘‘(A) Information relevant to any adminis23 trative or judicial action or proceeding. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 184. 184 1 ‘‘(B) Information provided to Congress or 2 any of the appropriate congressional commit3 tees. 4 ‘‘(C) Information important to the national 5 security analysis or actions of the Secretary to 6 any domestic governmental entity, or to any 7 foreign governmental entity of an ally or part8 ner of the United States, under the direction 9 and authorization of the Secretary, only to the 10 extent necessary for national security purposes, 11 and subject to appropriate confidentiality and 12 classification requirements. 13 ‘‘(D) Information that the parties have 14 consented to be disclosed to third parties. 15 ‘‘(E) Information where the disclosure of 16 such information is determined by the Secretary 17 to be in the national security interest. 18 ‘‘(d) INAPPLICABILITY.—If the Secretary prohibits a 19 covered national security transaction in a prohibited tech20 nology under section 801, the requirements of this section 21 shall not apply with respect to the covered national secu22 rity transaction. 23 ‘‘SEC. 803. REPORT. 24 ‘‘(a) IN GENERAL.—Not later than one year after the 25 date on which the regulations issued under section 801(e) VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 185. 185 1 take effect, and not less frequently than annually there2 after for 7 years, the Secretary, in consultation with the 3 Secretary of Commerce, shall submit to the appropriate 4 congressional committees a report that— 5 ‘‘(1) lists all enforcement actions taken subject 6 to the regulations during the year preceding submis7 sion of the report, which includes, with respect to 8 each such action, a description of— 9 ‘‘(A) the prohibited technology or notifiable 10 technology; 11 ‘‘(B) the covered national security trans12 action; and 13 ‘‘(C) the covered foreign person; 14 ‘‘(2) provides an assessment of whether Con15 gress should amend the definition of the term ‘pro16 hibited technology’ by— 17 ‘‘(A) identifying additional technologies, 18 not currently listed as a prohibited technology, 19 that the Secretary, in consultation with the Sec20 retary of Commerce and, as applicable, the Sec21 retary of Defense, the Secretary of State, the 22 Secretary of Energy, the Director of National 23 Intelligence, and the heads of any other rel24 evant Federal agencies, determines may pose an 25 acute threat to the national security of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 186. 186 1 United States if developed or acquired by a 2 country of concern; 3 ‘‘(B) explaining why each technology iden4 tified in subparagraph (A) may pose an acute 5 threat to the national security of the United 6 States if developed or acquired by a country of 7 concern; and 8 ‘‘(C) recommending the repeal of tech9 nologies from the category of prohibited tech10 nology to the extent that the technologies no 11 longer pose an acute threat to the national se12 curity of the United States if developed or ac13 quired by a country of concern; 14 ‘‘(3) lists all notifications submitted under sec15 tion 802 during the year preceding submission of the 16 report and includes, with respect to each such notifi17 cation— 18 ‘‘(A) basic information on each party to 19 the covered national security transaction with 20 respect to which the notification was submitted; 21 and 22 ‘‘(B) the nature of the covered national se23 curity transaction that was the subject to the 24 notification, including the elements of the covVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 187. 187 1 ered national security transaction that neces2 sitated a notification; 3 ‘‘(4) includes a summary of those notifications, 4 disaggregated by prohibited technology, notifiable 5 technology, by covered national security transaction, 6 and by country of concern; 7 ‘‘(5) provides additional context and informa8 tion regarding trends in the prohibited technology, 9 notifiable technology, the types of covered national 10 security transaction, and the countries involved in 11 those notifications; and 12 ‘‘(6) assesses the overall impact of those notifi13 cations, including recommendations for— 14 ‘‘(A) expanding existing Federal programs 15 to support the production or supply of prohib16 ited technologies or notifiable technologies in 17 the United States, including the potential of ex18 isting authorities to address any related na19 tional security concerns; 20 ‘‘(B) investments needed to enhance pro21 hibited technologies or notifiable technologies 22 and reduce dependence on countries of concern 23 regarding those technologies; and 24 ‘‘(C) the continuation, expansion, or modi25 fication of the implementation and administraVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 188. 188 1 tion of this title, including recommendations 2 with respect to whether the definition of the 3 term ‘country of concern’ under section 807(2) 4 should be amended to add or remove countries. 5 ‘‘(b) CONSIDERATION OF CERTAIN INFORMATION.— 6 In preparing the report pursuant to subsection (a), the 7 Secretary— 8 ‘‘(1) shall consider information provided jointly 9 by the chairperson and ranking member of any of 10 the appropriate congressional committees; 11 ‘‘(2) may consider credible information obtained 12 by other countries and nongovernmental organiza13 tions that monitor the military, surveillance, intel14 ligence, or technology capabilities of a country of 15 concern; and 16 ‘‘(3) may consider any other information that 17 the Secretary deems relevant. 18 ‘‘(c) FORM OF REPORT.—Each report required by 19 this section shall be submitted in unclassified form, but 20 may include a classified annex. 21 ‘‘(d) TESTIMONY REQUIRED.—Not later than one 22 year after the date of the enactment of this title, and an23 nually thereafter for five years, the Secretary and the Sec24 retary of Commerce shall each provide to the Committee 25 on Banking, Housing, and Urban Affairs of the Senate VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 189. 189 1 and the Committee on Financial Services of the House of 2 Representatives testimony with respect to the national se3 curity threats relating to investments by United States 4 persons in countries of concern and broader international 5 capital flows. 6 ‘‘(e) REQUESTS BY APPROPRIATE CONGRESSIONAL 7 COMMITTEES.— 8 ‘‘(1) IN GENERAL.—After receiving a request 9 that meets the requirements of paragraph (2) with 10 respect to whether a technology should be included 11 in the amendments as described in subsection (a)(2), 12 the Secretary shall, in preparing the report pursuant 13 to subsection (a)— 14 ‘‘(A) determine if that technology may 15 pose an acute threat to the national security of 16 the United States if developed or acquired by a 17 country of concern; and 18 ‘‘(B) include in the report pursuant to sub19 section (a) an explanation with respect to that 20 determination that includes— 21 ‘‘(i) a statement of whether or not the 22 technology, as determined by the Sec23 retary, may pose an acute threat to the na24 tional security of the United States if deVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 190. 190 1 veloped or acquired by a country of con2 cern; and 3 ‘‘(ii) if the Secretary determines 4 that— 5 ‘‘(I) the technology may pose an 6 acute threat to the national security 7 of the United States if developed or 8 acquired by a country of concern, an 9 explanation for such determination 10 and a recommendation whether that 11 technology should be named a prohib12 ited technology or a notifiable tech13 nology; and 14 ‘‘(II) the technology would not 15 pose an acute threat to the national 16 security of the United States if devel17 oped or acquired by a country of con18 cern, an explanation for such deter19 mination. 20 ‘‘(2) REQUIREMENTS.—A request under para21 graph (1) with respect to whether a technology may 22 pose an acute threat to the national security of the 23 United States if developed or acquired by a country 24 of concern shall be submitted to the Secretary in 25 writing jointly by the chairperson and ranking memVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 191. 191 1 ber of one or more of the appropriate congressional 2 committees. 3 ‘‘SEC. 804. MULTILATERAL ENGAGEMENT AND COORDINA4 TION. 5 ‘‘(a) AUTHORITIES.—The Secretary, in coordination 6 with the Secretary of State, the Secretary of Commerce, 7 and the heads of other relevant Federal agencies, should— 8 ‘‘(1) conduct bilateral and multilateral engage9 ment with the governments of countries that are al10 lies and partners of the United States to promote 11 and increase coordination of protocols and proce12 dures to facilitate the effective implementation of 13 and appropriate compliance with the prohibitions 14 pursuant to this title; 15 ‘‘(2) upon adoption of protocols and procedures 16 described in paragraph (1), work with those govern17 ments to establish mechanisms for sharing informa18 tion, including trends, with respect to such activities; 19 and 20 ‘‘(3) work with and encourage the governments 21 of countries that are allies and partners of the 22 United States to develop similar mechanisms of their 23 own, for the exclusive purpose of preventing the de24 velopment or acquisition of prohibited technologies 25 by a country of concern. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 192. 192 1 ‘‘(b) STRATEGY FOR MULTILATERAL ENGAGEMENT 2 AND COORDINATION.—Not later than 180 days after the 3 date of the enactment of this title, the Secretary, in con4 sultation with the Secretary of State, the Secretary of 5 Commerce, and the heads of other relevant Federal agen6 cies, should— 7 ‘‘(1) develop a strategy to work with the gov8 ernments of countries that are allies and partners of 9 the United States to develop mechanisms that are 10 comparable to the prohibitions pursuant to this title, 11 for the exclusive purpose of preventing the develop12 ment and acquisition of prohibited technologies by a 13 country of concern; and 14 ‘‘(2) assess opportunities to provide technical 15 assistance to those countries with respect to the de16 velopment of those mechanisms. 17 ‘‘(c) REPORT.—Not later than one year after the date 18 of the enactment of this title, and annually thereafter for 19 four years, the Secretary shall submit to the appropriate 20 congressional committees a report that includes— 21 ‘‘(1) a discussion of any strategy developed pur22 suant to subsection (b)(1), including key tools and 23 objectives for the development of comparable mecha24 nisms by the governments of allies and partners of 25 the United States; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 193. 193 1 ‘‘(2) a list of partner and allied countries to 2 target for cooperation in developing their own prohi3 bitions; 4 ‘‘(3) the status of the strategy’s implementation 5 and outcomes; and 6 ‘‘(4) a description of impediments to the estab7 lishment of comparable mechanisms by governments 8 of allies and partners of the United States. 9 ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES 10 DEFINED.—In this section, the term ‘appropriate congres11 sional committees’ means— 12 ‘‘(1) the Committee on Foreign Relations and 13 the Committee on Banking, Housing, and Urban Af14 fairs of the Senate; and 15 ‘‘(2) the Committee on Foreign Affairs and the 16 Committee on Financial Services of the House of 17 Representatives. 18 ‘‘SEC. 805. PUBLIC DATABASE OF COVERED FOREIGN PER19 SONS. 20 ‘‘(a) IN GENERAL.—The Secretary, in consultation 21 with the Secretary of Commerce, may establish a publicly 22 accessible, non-exhaustive database that identifies covered 23 foreign persons in a prohibited technology pursuant to this 24 title. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 194. 194 1 ‘‘(b) CONFIDENTIALITY OF EVIDENCE.—The Sec2 retary shall establish a mechanism for the public, includ3 ing Congress, stakeholders, investors, and nongovern4 mental organizations, to submit evidence on a confidential 5 basis regarding whether a foreign person is a covered for6 eign person in a prohibited technology and should be in7 cluded in the database described in subsection (a), if any. 8 ‘‘(c) EXEMPTION FROM DISCLOSURE.— 9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), any information or documentary material 11 filed with the Secretary pursuant to this section 12 shall be exempt from disclosure under section 13 552(b)(3) of title 5, United States Code, and no 14 such information or documentary material may be 15 made public (other than the identity of a covered 16 foreign person in accordance with subsection (b)). 17 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 18 prohibit the disclosure of the following: 19 ‘‘(A) Information relevant to any adminis20 trative or judicial action or proceeding. 21 ‘‘(B) Information to Congress or any duly 22 authorized committee or subcommittee of Con23 gress. 24 ‘‘(C) Information important to the national 25 security analysis or actions of the Secretary to VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 195. 195 1 any domestic governmental entity, or to any 2 foreign governmental entity of a United States 3 ally or partner, under the exclusive direction 4 and authorization of the Secretary, only to the 5 extent necessary for national security purposes, 6 and subject to appropriate confidentiality and 7 classification requirements. 8 ‘‘(D) Information that the parties have 9 consented to be disclosed to third parties. 10 ‘‘(d) RULE OF CONSTRUCTION.—The database de11 scribed in subsection (a), if any, shall not be considered 12 to be an exhaustive or comprehensive list of covered for13 eign persons for the purposes of this title. 14 ‘‘SEC. 806. RULE OF CONSTRUCTION. 15 ‘‘Nothing in this title may be construed to negate the 16 authority of the President under any authority, process, 17 regulation, investigation, enforcement measure, or review 18 provided by or established under any other provision of 19 Federal law, or any other authority of the President or 20 the Congress under the Constitution of the United States. 21 ‘‘SEC. 807. DEFINITIONS. 22 ‘‘In this title: 23 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—Except as provided by section 804(d), the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 196. 196 1 term ‘appropriate congressional committees’ 2 means— 3 ‘‘(A) the Committee on Financial Services, 4 the Committee on Foreign Affairs, the Com5 mittee on Energy and Commerce, and the Com6 mittee on Appropriations of the House of Rep7 resentatives; and 8 ‘‘(B) the Committee on Banking, Housing, 9 and Urban Affairs and the Committee on Ap10 propriations of the Senate. 11 ‘‘(2) COUNTRY OF CONCERN.—The term ‘coun12 try of concern’— 13 ‘‘(A) means the People’s Republic of 14 China; and 15 ‘‘(B) includes the Hong Kong Special Ad16 ministrative Region and the Macau Special Ad17 ministrative Region. 18 ‘‘(3) COVERED FOREIGN PERSON.—Subject to 19 regulations prescribed in accordance with this title, 20 the term ‘covered foreign person’ means a foreign 21 person that— 22 ‘‘(A) is incorporated in, has a principal 23 place of business in, or is organized under the 24 laws of a country of concern; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 197. 197 1 ‘‘(B) is a member of the Central Com2 mittee of the Chinese Communist Party; 3 ‘‘(C) is subject to the direction or control 4 of a country of concern, an entity described in 5 subparagraph (A) or (B), or the state or the 6 government of a country of concern (including 7 any political subdivision, agency, or instrumen8 tality thereof); or 9 ‘‘(D) is owned in the aggregate, directly or 10 indirectly, 50 percent or more by a country of 11 concern, an entity described in subparagraph 12 (A) or (B), or the state or the government of 13 a country of concern (including any political 14 subdivision, agency, or instrumentality thereof). 15 ‘‘(4) COVERED NATIONAL SECURITY TRANS16 ACTION.— 17 ‘‘(A) IN GENERAL.—Subject to such regu18 lations as may be issued in accordance with this 19 title, the term ‘covered national security trans20 action’ means any activity engaged in by a 21 United States person that involves— 22 ‘‘(i) the acquisition of an equity inter23 est or contingent equity interest in a cov24 ered foreign person; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 198. 198 1 ‘‘(ii) the provision of a loan or similar 2 debt financing arrangement to a covered 3 foreign person, where such debt financ4 ing— 5 ‘‘(I) is convertible to an equity 6 interest; or 7 ‘‘(II) affords or will afford the 8 United States person the right to 9 make management decisions with re10 spect to or on behalf of a covered for11 eign person or the right to appoint 12 members of the board of directors (or 13 equivalent) of the covered foreign per14 son; 15 ‘‘(iii) the entrance by such United 16 States person into a joint venture with a 17 covered foreign person; 18 ‘‘(iv) the conversion of a contingent 19 equity interest (or interest equivalent to a 20 contingent equity interest) or conversion of 21 debt to an equity interest in a covered for22 eign person; 23 ‘‘(v) the acquisition, leasing, or other 24 development of operations, land, property, 25 or other assets in a country of concern VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 199. 199 1 that will result in, or that the United 2 States person intends to result in— 3 ‘‘(I) the establishment of a cov4 ered foreign person; or 5 ‘‘(II) the engagement of a person 6 of a country of concern in a prohib7 ited technology where it was not pre8 viously engaged in such prohibited 9 technology; 10 ‘‘(vi) knowingly directing transactions 11 by foreign persons that the United States 12 person has knowledge at the time of the 13 transaction would constitute an activity de14 scribed in clause (i), (ii), (iii), (iv), or (v), 15 if engaged in by a United States person; or 16 ‘‘(vii) the acquisition of a limited part17 ner or equivalent interest in a venture cap18 ital fund, private equity fund, fund of 19 funds, or other pooled investment fund 20 that the United States person has knowl21 edge at the time of the acquisition, intends 22 to engage in an activity described in clause 23 (i), (ii), (iii), (iv), (v), or (vi). 24 ‘‘(B) EXCEPTIONS.—Subject to notice and 25 comment regulations prescribed in consultation VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 200. 200 1 with Congress and in accordance with this title, 2 the term ‘covered national security transaction’ 3 does not include— 4 ‘‘(i) any transaction the value of 5 which the Secretary determines is de mini6 mis; 7 ‘‘(ii) any category of transactions that 8 the Secretary determines is in the national 9 interest of the United States; 10 ‘‘(iii) an investment— 11 ‘‘(I) in a security (as defined in 12 section 3(a) of the Securities Ex13 change Act of 1934(15 U.S.C. 14 78c(a))) that is traded on an ex15 change or the over-the-counter market 16 in any jurisdiction; 17 ‘‘(II) in a security issued by an 18 investment company (as defined in 19 section 3 of the Investment Company 20 Act of 1940(15 U.S.C. 80a–3)) that is 21 registered with the Securities and Ex22 change Commission; 23 ‘‘(III) made as a limited partner 24 or equivalent in a venture capital 25 fund, private equity fund, fund of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 201. 201 1 funds, or other pooled investment 2 fund (other than as described in sub3 clause (II)) where— 4 ‘‘(aa) the limited partner or 5 equivalent’s committed capital is 6 not more than $2,000,000, ag7 gregated across any investment 8 and co-investment vehicles of the 9 fund; or 10 ‘‘(bb) the limited partner or 11 equivalent has secured a binding 12 contractual assurance that its 13 capital in the fund will not be 14 used to engage in a transaction 15 that would be a covered national 16 security transaction if engaged in 17 by a United States person; or 18 ‘‘(IV) in a derivative of a security 19 described under subclause (I), (II), or 20 (III); 21 ‘‘(iv) any ancillary transaction under22 taken by a financial institution (as defined 23 in section 5312 of title 31, United States 24 Code); VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 202. 202 1 ‘‘(v) the acquisition by a United 2 States person of the equity or other inter3 est owned or held by a covered foreign per4 son in an entity or assets located outside 5 of a country of concern in which the 6 United States person is acquiring the to7 tality of the interest in the entity held by 8 the covered foreign person; 9 ‘‘(vi) an intracompany transfer of 10 funds, as defined in regulations prescribed 11 in accordance with this title, from a United 12 States parent company to a subsidiary lo13 cated in a country of concern or a trans14 action that, but for this clause, would be a 15 covered national security transaction be16 tween a United States person and its con17 trolled foreign person that supports oper18 ations that are not covered national secu19 rity transactions or that maintains covered 20 national security transactions that the con21 trolled foreign person was engaged in prior 22 to January 2, 2025; 23 ‘‘(vii) a transaction secondary to a 24 covered national security transaction, in25 cluding— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 203. 203 1 ‘‘(I) contractual arrangements or 2 the procurement of material inputs 3 for any covered national security 4 transaction (such as raw materials); 5 ‘‘(II) bank lending; 6 ‘‘(III) the processing, clearing, or 7 sending of payments by a bank; 8 ‘‘(IV) underwriting services; 9 ‘‘(V) debt rating services; 10 ‘‘(VI) prime brokerage; 11 ‘‘(VII) global custody; 12 ‘‘(VIII) equity research or anal13 ysis; or 14 ‘‘(IX) other similar services; 15 ‘‘(viii) any ordinary or administrative 16 business transaction as may be defined in 17 such regulations; or 18 ‘‘(ix) any transaction completed before 19 the date of the enactment of this title. 20 ‘‘(C) ANCILLARY TRANSACTION DE21 FINED.—In this paragraph, the term ‘ancillary 22 transaction’ means— 23 ‘‘(i) the processing, settling, clearing, 24 or sending of payments and cash trans25 actions; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 204. 204 1 ‘‘(ii) underwriting services; 2 ‘‘(iii) credit rating services; and 3 ‘‘(iv) other services ordinarily incident 4 to and part of the provision of financial 5 services, such as opening deposit accounts, 6 direct custody services, foreign exchange 7 services, remittances services, and safe de8 posit services. 9 ‘‘(5) FOREIGN PERSON.—The term ‘foreign per10 son’ means a person that is not a United States per11 son. 12 ‘‘(6) NOTIFIABLE TECHNOLOGY.— 13 ‘‘(A) IN GENERAL.—The term ‘notifiable 14 technology’ means a technology with respect to 15 which a covered foreign person— 16 ‘‘(i) designs any advanced integrated 17 circuit that is not covered under paragraph 18 (8)(A)(iii); 19 ‘‘(ii) fabricates any integrated circuit 20 that is not covered under paragraph 21 (8)(A)(iv); 22 ‘‘(iii) packages any integrated circuit 23 that is not covered under paragraph 24 (8)(A)(v); or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 205. 205 1 ‘‘(iv) develops any artificial intel2 ligence system that is not covered under 3 clause (vii), (viii), (ix), or (xvi) of para4 graph (8)(A), and that is— 5 ‘‘(I) designed to be used for— 6 ‘‘(aa) any military end use 7 (such as for weapons targeting, 8 target identification, combat sim9 ulation, military vehicle or weap10 ons control, military decision11 making, weapons design (includ12 ing chemical, biological, radio13 logical, or nuclear weapons), or 14 combat system logistics and 15 maintenance); or 16 ‘‘(bb) any government intel17 ligence or mass-surveillance end 18 use (such as through incorpora19 tion of features such as mining 20 text, audio, or video, image rec21 ognition, location tracking, or 22 surreptitious listening devices); 23 ‘‘(II) intended by the covered for24 eign person or joint venture to be 25 used for— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 206. 206 1 ‘‘(aa) cybersecurity applica2 tions; 3 ‘‘(bb) digital forensics tools; 4 ‘‘(cc) penetration testing 5 tools; or 6 ‘‘(dd) control of robotic sys7 tems; or 8 ‘‘(III) trained using a quantity of 9 computing power greater than 1023 10 computational operations (such as in11 teger or floating-point operations). 12 ‘‘(B) UPDATES.—The Secretary, in con13 sultation with Congress, may prescribe regula14 tions in accordance with this title to refine the 15 technical parameters of technologies described 16 in subparagraph (A) as reasonably needed for 17 national security purposes or to add or remove 18 categories to or from the list in subparagraph 19 (A). 20 ‘‘(7) PARTY.—The term ‘party’, with respect to 21 a covered national security transaction, has the 22 meaning given that term in regulations prescribed in 23 accordance with this title. 24 ‘‘(8) PROHIBITED TECHNOLOGY.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 207. 207 1 ‘‘(A) IN GENERAL.—The term ‘prohibited 2 technology’ means a technology with respect to 3 which a covered foreign person— 4 ‘‘(i) develops or produces any design 5 automation software for the design of inte6 grated circuits or advanced packaging; 7 ‘‘(ii) develops or produces any— 8 ‘‘(I) electronic design automation 9 software for the design of integrated 10 circuits or advanced packaging; 11 ‘‘(II) front-end semiconductor 12 fabrication equipment designed for the 13 volume fabrication of integrated cir14 cuits, including equipment used in the 15 production stages from a blank wafer 16 or substrate to a completed wafer or 17 substrate; or 18 ‘‘(III) equipment for performing 19 volume advanced packaging; 20 ‘‘(iii) designs any integrated circuit 21 designs that meet or exceed the specifica22 tions set in Export Control Classification 23 Number (ECCN) 3A090 in Supplement 24 No. 1 to the Export Administration ReguVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 208. 208 1 lations, or integrated circuits designed for 2 operation at or below 4.5 Kelvin; 3 ‘‘(iv) fabricates integrated circuits 4 that are— 5 ‘‘(I) logic integrated circuits 6 using a non-planar transistor architec7 ture or with a technology node of 16/ 8 14 nanometers or less, including fully 9 depleted silicon-on-insulator (FDSOI) 10 integrated circuits; 11 ‘‘(II) NOT–AND (NAND) mem12 ory integrated circuits with 128 layers 13 or more; 14 ‘‘(III) dynamic random-access 15 memory (DRAM) integrated circuits 16 using a technology node of 18 17 nanometer half-pitch or less; 18 ‘‘(IV) integrated circuits manu19 factured from a gallium-based com20 pound semiconductor; 21 ‘‘(V) integrated circuits using 22 graphene transistors or carbon 23 nanotubes; or 24 ‘‘(VI) integrated circuits designed 25 for operation at or below 4.5 Kelvin; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 209. 209 1 ‘‘(v) packages any integrated circuit 2 using advanced packaging techniques; 3 ‘‘(vi) develops, designs, or produces 4 any commodity, material, software, or 5 technology designed exclusively for use in 6 or with extreme ultraviolet lithography fab7 rication equipment; 8 ‘‘(vii) develops, designs, or produces 9 any artificial intelligence models trained with at least 1025 10 floating point oper11 ations; 12 ‘‘(viii) develops, designs, or produces 13 any artificial intelligence models that rely 14 upon or utilize advanced integrated circuits 15 that meet or exceed the specifications set 16 in Export Control Classification Number 17 (ECCN) 3A090 in Supplement No. 1 to 18 the Export Administration Regulations; 19 ‘‘(ix) develops, designs, or produces 20 any artificial intelligence models designed 21 for use by the Government of the People’s 22 Republic of China, its special administra23 tive regions, or its agencies and instrumen24 talities; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 210. 210 1 ‘‘(x) develops a quantum computer or 2 produces any critical components required 3 to produce a quantum computer such as a 4 dilution refrigerator or two-stage pulse 5 tube cryocooler; 6 ‘‘(xi) develops or produces any quan7 tum sensing platform designed for, or 8 which the relevant covered foreign person 9 intends to be used for, any military, gov10 ernment intelligence, or mass-surveillance 11 end use; 12 ‘‘(xii) develops or produces quantum 13 networks or quantum communication sys14 tems designed for or intended to be used 15 for— 16 ‘‘(I) networking to scale up the 17 capabilities of quantum computers, 18 such as for the purposes of breaking 19 or compromising encryption; 20 ‘‘(II) secure communications, 21 such as quantum key distribution; or 22 ‘‘(III) any other application that 23 has any military, government intel24 ligence, or mass-surveillance end use; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 211. 211 1 ‘‘(xiii) develops, designs, or produces 2 materials, components, avionics, flight con3 trol, propulsion, Global Positioning System 4 (GPS), data relay, and target detection 5 systems designed for use in hypersonic sys6 tems or capable of sustainable operations 7 above 1,000 degrees Celsius; 8 ‘‘(xiv) develops, installs, sells, or pro9 duces any supercomputer enabled by ad10 vanced integrated circuits that can provide 11 theoretical compute capacity of 100 or 12 more double-precision (64-bit) petaflops or 13 200 or more single-precision (32-bit) 14 petaflops of processing power within a 15 41,600 cubic foot or smaller envelope; 16 ‘‘(xv) develops, designs, or produces 17 any other technologies in the advanced 18 semiconductors and microelectronics sec19 tor, the artificial intelligence sector, the 20 high-performance computing and super21 computing sector, the hypersonic missiles 22 sector, or the quantum information science 23 and technology sector that are— 24 ‘‘(I) defense articles or defense 25 services included on the United States VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 212. 212 1 Munitions List set forth in the Inter2 national Traffic in Arms Regulations 3 under subchapter M of chapter I of 4 title 22, Code of Federal Regulations; 5 ‘‘(II) specially designed and pre6 pared nuclear equipment, parts or 7 components, materials, software, or 8 technologies covered by part 810 of 9 title 10, Code of Federal Regulations 10 (relating to assistance to foreign 11 atomic energy activities); 12 ‘‘(III) nuclear facilities, equip13 ment, or materials covered by part 14 110 of title 10, Code of Federal Regu15 lations (relating to export and import 16 of nuclear equipment and material); 17 or 18 ‘‘(IV) emerging or foundational 19 technologies controlled pursuant to 20 section 1758 of the Export Control 21 Reform Act of 2018 (50 U.S.C. 22 4817); or 23 ‘‘(xvi) develops any artificial intel24 ligence system that is designed to be exclu25 sively used for, or which the relevant covVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 213. 213 1 ered foreign person intends to be used for, 2 any— 3 ‘‘(I) military end use (such as for 4 weapons targeting, target identifica5 tion, combat simulation, military vehi6 cle or weapon control, military deci7 sion-making, weapons design (includ8 ing chemical, biological, radiological, 9 or nuclear weapons), or combat sys10 tem logistics and maintenance); or 11 ‘‘(II) government intelligence or 12 mass-surveillance end (such as 13 through incorporation of features such 14 as mining text, audio, or video, image 15 recognition, location tracking, or sur16 reptitious listening devices). 17 ‘‘(B) UPDATES.—The Secretary, in con18 sultation with Congress, may prescribe regula19 tions in accordance with this title to make up20 dates to the technical parameters of tech21 nologies described in subparagraph (A) as rea22 sonably needed for national security purposes. 23 ‘‘(9) SECRETARY.—Except as otherwise pro24 vided, the term ‘Secretary’ means the Secretary of 25 the Treasury. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 214. 214 1 ‘‘(10) UNITED STATES PERSON.—The term 2 ‘United States person’ means— 3 ‘‘(A) any United States citizen or an alien 4 lawfully admitted for permanent residence to 5 the United States; 6 ‘‘(B) an entity organized under the laws of 7 the United States or of any jurisdiction within 8 the United States (including any foreign branch 9 of such an entity); or 10 ‘‘(C) any person in the United States.’’. 11 SEC. 112. REVIEW OF AND REPORTING ON NATIONAL SECU12 RITY SENSITIVE SITES FOR PURPOSES OF RE13 VIEWS OF REAL ESTATE TRANSACTIONS BY 14 THE COMMITTEE ON FOREIGN INVESTMENT 15 IN THE UNITED STATES. 16 (a) LIST OF NATIONAL SECURITY SENSITIVE 17 SITES.—Section 721(a)(4)(C) of the Defense Production 18 Act of 1950 (50 U.S.C. 4565(a)(4)(C)) is amended by 19 adding at the end the following: 20 ‘‘(iii) LIST OF SITES.—For purposes 21 of subparagraph (B)(ii), the Committee 22 may prescribe through regulations a list of 23 facilities and property of the United States 24 Government that are sensitive for reasons 25 relating to national security. Such list may VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 215. 215 1 include certain facilities and property of 2 the intelligence community and National 3 Laboratories (as defined in section 2 of the 4 Energy Policy Act of 2005 (42 U.S.C. 5 15801)).’’. 6 (b) REVIEW AND REPORTS.—Section 721(m) of the 7 Defense Production Act of 1950 (50 U.S.C. 4565(m)(2)) 8 is amended— 9 (1) in paragraph (2), by adding at the end the 10 following: 11 ‘‘(L) A list of all notices and declarations 12 filed and all reviews or investigations of covered 13 transactions completed during the period relat14 ing to facilities and property of the United 15 States Government determined to be sensitive 16 for reasons relating to national security for pur17 poses of subsection (a)(4)(B)(ii). 18 ‘‘(M) A certification that the list of sites 19 identified under subsection (a)(4)(C)(iii) re20 flects consideration of the recommended up21 dates and revisions submitted under paragraph 22 (4)(B). Upon request from any Member of Con23 gress specified in subsection (b)(3)(C)(iii), the 24 chairperson shall provide a classified briefing to 25 that Member, and staff of the member with apVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 216. 216 1 propriate security clearances, regarding the list 2 of sites identified under subsection 3 (a)(4)(C)(iii).’’; 4 (2) by redesignating paragraph (4) as para5 graph (5); and 6 (3) by inserting after paragraph (3) the fol7 lowing: 8 ‘‘(4) ANNUAL REVIEW OF LIST OF FACILITIES 9 AND PROPERTY.—Not later than January 31 of each 10 year, each member of the Committee shall— 11 ‘‘(A) review the facilities and property of 12 the agency represented by that member that are 13 on the list prescribed under subparagraph 14 (C)(iii) of subsection (a)(4) of facilities and 15 property that are sensitive for reasons relating 16 to national security for purposes of subpara17 graph (B)(ii) of that subsection; and 18 ‘‘(B) submit to the chairperson a report on 19 that review, after approval of the report by an 20 Assistant Secretary or equivalent official of the 21 agency, which shall include any recommended 22 updates or revisions to the list regarding facili23 ties and property administered by the member 24 of the Committee.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 217. 217 1 (c) CENTRALIZATION OF MONITORING AND EN2 FORCEMENT FUNCTIONS.—Section 721(q)(2) of the De3 fense Production Act of 1950 (50 U.S.C. 4565(q)(2)) is 4 amended by inserting before the period the following: ‘‘, 5 such as monitoring of agreements and conditions entered 6 into or imposed under subsection (l) and enforcement of 7 this section’’. 8 (d) MANDATORY DECLARATIONS OF TRANSACTIONS 9 RELATING TO CRITICAL INFRASTRUCTURE AND CRITICAL 10 TECHNOLOGIES.—Section 721(b)(1)(C)(v)(IV)(cc) of the 11 Defense Production Act of 1950 (50 U.S.C. 12 4565(b)(1)(C)(v)(IV)(cc)) is amended by striking ‘‘sub13 section (a)(4)(B)(iii)(II)’’ and inserting ‘‘subclause (I) or 14 (II) of subsection (a)(4)(B)(iii)’’. 15 (e) EXTENSION.—Section 717(a) of the Defense Pro16 duction Act of 1950 (50 U.S.C. 4564(a)) is amended by 17 striking ‘‘September 30, 2025’’ and inserting ‘‘September 18 30, 2026’’. 19 Subtitle C—Securities and Related 20 Matters 21 SEC. 121. REQUIREMENTS RELATING TO THE NON-SDN CHI22 NESE MILITARY-INDUSTRIAL COMPLEX COM23 PANIES LIST. 24 (a) REPORT.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 218. 218 1 (1) IN GENERAL.—Not later than 365 days 2 after the date of the enactment of this Act, and bi3 ennially thereafter for 6 years, the Secretary shall 4 submit to the appropriate congressional committees 5 a report that states whether any of the following for6 eign persons qualifies for inclusion on the Non-SDN 7 Chinese Military-Industrial Complex Companies 8 List: 9 (A) Any PRC person listed on the Military 10 End-User List (Supplement No. 7 to part 744 11 of the Export Administration Regulations). 12 (B) Any PRC person listed pursuant to 13 section 1260H of the William M. (Mac) Thorn14 berry National Defense Authorization Act for 15 Fiscal Year 2021 (10 U.S.C. 113 note). 16 (C) Any PRC person listed on the Depart17 ment of Commerce’s Entity List (Supplement 18 No. 4 to part 744 of the Export Administration 19 Regulations). 20 (2) PROCESS REQUIRED.—To prepare the re21 ports under paragraph (1), the President shall es22 tablish a process under which the Federal agencies 23 responsible for administering the lists described in 24 subparagraphs (A), (B), and (C) of paragraph (1) 25 shall share with each other all relevant information VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 219. 219 1 that led to the identification of the entities described 2 in such lists. 3 (3) RISK-BASED PRIORITIZATION FRAME4 WORK.—In making the initial determinations under 5 paragraph (1), the Secretary may establish a risk6 based prioritization framework factoring in 7 prioritization of entity review submitted to the Sec8 retary by the Federal agencies administering the 9 lists described in subparagraphs (A), (B), and (C) of 10 paragraph (1). 11 (4) ANNUAL REPORTS TO THE APPROPRIATE 12 CONGRESSIONAL COMMITTEES.—The report under 13 paragraph (1) may summarize findings concerning 14 entities previously reviewed pursuant to this section 15 and do not necessitate additional review by the Sec16 retary. 17 (5) MATTERS TO BE INCLUDED.—The Sec18 retary shall include in the report required by para19 graph (1) an overview of the criteria required for 20 listing on Non-SDN Chinese Military-Industrial 21 Complex Companies List. The heads of the Federal 22 agencies administering the lists described in sub23 paragraphs (A), (B), and (C) of paragraph (1) shall 24 provide an overview of the criteria for entity identi25 fication or listing on each respective list. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 220. 220 1 (b) REQUIREMENT FOR DIVESTMENT.— 2 (1) IN GENERAL.—The President shall promul3 gate rules that prohibit a United States person from 4 knowingly holding securities of entities on the Non5 SDN Chinese Military-Industrial Complex Compa6 nies List, after the date that is 365 days after the 7 date of enactment of this Act. 8 (2) AUTHORIZATION.—The prohibitions on in9 vestment imposed under paragraph (1) shall not 10 apply to a transaction in a security that is entered 11 into on or before the date that is 365 days after the 12 date of enactment of this Act by a United States 13 person, if such transaction is entered into solely to 14 divest of the security. 15 (c) WAIVER.— 16 (1) IN GENERAL.—The President may establish 17 a process under which the requirements of sub18 section (b) shall not apply if the President deter19 mines to do so is necessary to protect the national 20 security or foreign policy objectives of the United 21 States. 22 (2) CASE-BY-CASE REQUIREMENT.—Determina23 tions under paragraph (1) shall be issued on a case24 by-case basis for each entity on the Non-SDN Chi25 nese Military-Industrial Complex Companies List. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 221. 221 1 (3) NOTICE AND BRIEFING.—The President 2 shall notify the appropriate congressional committees 3 in writing in advance of issuing a determination 4 under paragraph (1) and shall provide a substantive 5 briefing on the determination to the appropriate con6 gressional committees within 30 days of issuing a 7 determination. 8 (d) DEFINITIONS.—In this section: 9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 12 (A) the Committee on Financial Services 13 and the Committee on Foreign Affairs of the 14 House of Representatives; and 15 (B) the Committee on Banking, Housing, 16 and Urban Affairs of the Senate. 17 (2) COUNTRY OF CONCERN.—The term ‘‘coun18 try of concern’’— 19 (A) means the People’s Republic of China; 20 and 21 (B) includes the Hong Kong Special Ad22 ministrative Region and the Macau Special Ad23 ministrative Region. 24 (3) NON-SDN CHINESE MILITARY-INDUSTRIAL 25 COMPLEX COMPANIES LIST.—The term ‘‘Non-SDN VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 222. 222 1 Chinese Military-Industrial Complex Companies 2 List’’ means the list maintained by the Office of 3 Foreign Assets Control of the Department of the 4 Treasury under Executive Order 13959, as amended 5 by Executive Order 14032 (50 U.S.C. 1701 note; re6 lating to addressing the threat from securities in7 vestments that finance certain companies of the Peo8 ple’s Republic of China), and any successor order. 9 (4) PRC PERSON.—The term ‘‘PRC person’’ 10 means a foreign person that— 11 (A) is incorporated in a principal place of 12 business in, or is organized under the laws of, 13 a country of concern; 14 (B) is a member of the Central Committee 15 of the Chinese Communist Party; 16 (C) is the state or the government of a 17 country of concern, as well as any political sub18 division, agency, or instrumentality thereof; or 19 (D) is owned in the aggregate, directly or 20 indirectly, 50 percent or more by an entity or 21 a group of entities described in subparagraph 22 (A), (B), or (C). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 223. 223 1 SEC. 122. EXTENSION OF FILING DEADLINE FOR CERTAIN 2 PRE-EXISTING REPORTING COMPANIES. 3 Section 5336(b)(1)(B) of title 31, United States 4 Code, is amended by striking ‘‘before the effective date 5 of the regulations prescribed under this subsection shall, 6 in a timely manner, and not later than 2 years after the 7 effective date of the regulations prescribed under this sub8 section,’’ and inserting ‘‘before January 1, 2024, shall, not 9 later than January 1, 2026,’’. 10 TITLE VI—MISCELLANEOUS 11 SEC. 601. COMMODITY FUTURES TRADING COMMISSION 12 WHISTLEBLOWER PROGRAM. 13 (a) IN GENERAL.—Section 1(b) of Public Law 117– 14 25 (135 Stat. 297; 136 Stat. 2133; 136 Stat. 5984) is 15 amended, in paragraphs (3) and (4), by striking ‘‘October 16 1, 2024’’ each place it appears and inserting ‘‘March 14, 17 2025’’. 18 (b) EFFECTIVE DATE.—The amendments made by 19 subsection (a) shall take effect as if enacted on September 20 30, 2024. 21 SEC. 602. TRANSFER AND REDESIGNATION OF THE 121ST 22 FIGHTER SQUADRON OF THE 113TH WING, 23 DISTRICT OF COLUMBIA AIR NATIONAL 24 GUARD. 25 (a) IN GENERAL.—Not later than September 30, 26 2025, the Secretary of the Air Force shall transfer and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 224. 224 1 redesignate the 121st Fighter Squadron of the 113th 2 Wing, District of Columbia Air National Guard to the 3 175th Wing of the Maryland Air National Guard. 4 (b) SAVINGS PROVISION.—Nothing in this section 5 shall be construed to authorize the transfer or relocation 6 of billets or operational equipment from Joint Base An7 drews. 8 SEC. 603. PUBLIC AVAILABILITY OF REPORTS ON DISASTER 9 ASSISTANCE. 10 Section 12091 of the Small Business Disaster Re11 sponse and Loan Improvements Act of 2008 (15 U.S.C. 12 636k) is amended— 13 (1) in subsection (a)— 14 (A) in paragraph (1), by inserting ‘‘and 15 make publicly available’’ after ‘‘Representa16 tives’’; and 17 (B) in paragraph (2), in the matter pre18 ceding subparagraph (A), by inserting ‘‘and 19 made publicly available’’ after ‘‘submitted’’; 20 (2) in subsection (b)— 21 (A) in paragraph (1), by inserting ‘‘and 22 make publicly available’’ after ‘‘Representa23 tives’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 225. 225 1 (B) in paragraph (2), in the matter pre2 ceding subparagraph (A), by inserting ‘‘and 3 made publicly available’’ after ‘‘submitted’’; 4 (3) in subsection (c)— 5 (A) in paragraph (1), by inserting ‘‘and 6 make publicly available’’ after ‘‘Representa7 tives’’; and 8 (B) in paragraph (2), in the matter pre9 ceding subparagraph (A), by inserting ‘‘and 10 made publicly available’’ after ‘‘submitted’’; and 11 (4) in subsection (e)— 12 (A) in paragraph (1)— 13 (i) by striking ‘‘a report’’; and 14 (ii) by inserting ‘‘and make publicly 15 available a report’’ after ‘‘Representa16 tives’’; and 17 (B) in paragraph (2), in the matter pre18 ceding subparagraph (A), by inserting ‘‘and 19 made publicly available’’ after ‘‘submitted’’. 20 SEC. 604. TRANSFER OF ADMINISTRATIVE JURISDICTION 21 OVER RFK MEMORIAL STADIUM CAMPUS TO 22 DISTRICT OF COLUMBIA. 23 (a) EXERCISE OF TRANSFER AUTHORITY.— 24 (1) TRANSFER.—Not later than 180 days after 25 the date of the enactment of this Act, the Secretary VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 226. 226 1 of the Interior (hereafter referred to as the ‘‘Sec2 retary’’), acting under the authority of section 8124 3 of title 40, United States Code (except as provided 4 under paragraph (2)), shall transfer administrative 5 jurisdiction over the Robert F. Kennedy Memorial 6 Stadium Campus (hereafter referred to as the 7 ‘‘Campus’’) to the District of Columbia (hereafter 8 referred to as the ‘‘District’’), subject to a Declara9 tion of Covenants with the District which is con10 sistent with the succeeding provisions of this section 11 and which includes such other terms and conditions 12 as may be agreed to by the Secretary and the Dis13 trict. 14 (2) WAIVER OF REQUIREMENT FOR PRIOR REC15 OMMENDATION OF NATIONAL CAPITAL PLANNING 16 COMMISSION.—The second sentence of section 17 8124(a) of title 40, United States Code, shall not 18 apply to the transfer of administrative jurisdiction 19 over the Campus under this section. 20 (3) NO EFFECT ON STATUS OF OWNERSHIP OF 21 CAMPUS.—Consistent with section 8124 of title 40, 22 United States Code, the transfer of administrative 23 jurisdiction over the Campus under this section does 24 not change the status of the ownership of the Cam25 pus by the United States. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 227. 227 1 (b) DEVELOPMENT AND USES OF CAMPUS.—After 2 transfer of administrative jurisdiction over the Campus 3 under this section, the District may develop and use, and 4 permit the development and use of, the Campus for any 5 of the following purposes: 6 (1) Stadium purposes, including training facili7 ties, offices, and other structures necessary to sup8 port a stadium. 9 (2) Commercial and residential development. 10 (3) Facilities, open space, and public outdoor 11 opportunities, which may include supporting cultural 12 activities, educational activities, and recreational ac13 tivities, as such terms are defined in section 3306(a) 14 of title 40, United States Code. 15 (4) Such other public purposes for which the 16 Campus was used or approved for use prior to June 17 1, 1985. 18 (5) Demolition purposes to facilitate develop19 ment and use of the Campus under subparagraphs 20 (1) through (4). 21 (c) SPECIFIC REQUIREMENTS RELATING TO DEVEL22 OPMENT AND USE OF CAMPUS.—The Declaration of Cov23 enants entered into under subsection (a)(1) shall include 24 provisions to require the District to meet the following re25 quirements as a condition of the development and use of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 228. 228 1 the Campus as set forth under subsection (b) after trans2 fer of administrative jurisdiction over the Campus under 3 this section: 4 (1) The District shall ensure that the develop5 ment and use does not materially degrade or ad6 versely impact any lands under the jurisdiction of 7 the National Park Service, including the restoration 8 of the wetlands south of Kingman Island. 9 (2) The District shall designate, develop, oper10 ate, and maintain at least 30 percent of the Campus 11 (excluding the riparian area of the Campus as de12 fined in subsection (g)(2)) as the ‘‘Robert F. Ken13 nedy Memorial Park’’ as parks and open space to 14 provide land for passive and active outdoor recre15 ation and shall require that portion to be reserved 16 for such purposes for the duration of the transfer. 17 (3) The District shall ensure that the develop18 ment and use provides for improved public access to 19 the Anacostia River and shall not interrupt the Ana20 costia River Trail. 21 (4) The District shall, to the extent necessary, 22 ensure that parking facilities are provided to accom23 modate the development. 24 (5) The District shall provide for adequate pub25 lic safety and security measures and resources in the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 229. 229 1 planning and ongoing management of the develop2 ment. 3 (6) The District shall carry out measures that, 4 to the greatest extent practicable, will reduce the im5 pact of noise and traffic of the development on sur6 rounding residential areas in the District. 7 (7) The District shall operate and maintain the 8 riparian area of the Campus in accordance with sub9 section (g). 10 (8) The District shall ensure that no Member 11 of Congress, Delegate or Resident Commissioner to 12 the Congress, or any other official of the Govern13 ment of the United States or the Government of the 14 District of Columbia shall be admitted to any share 15 or part of any lease entered into by the District in 16 the exercise of the administrative jurisdiction over 17 the Campus transferred under this section, or to any 18 benefit that may arise therefrom, including any con19 tract or agreement made, entered into, or accepted 20 by or on behalf of the District as a result of this sec21 tion. Nothing in the previous sentence may be con22 strued to apply to a person who is a shareholder or 23 other beneficial owner of any publicly held corpora24 tion or other entity, if the lease is for the general 25 benefit of such corporation or other entity. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 230. 230 1 (d) SURVEY.— 2 (1) REQUIRING SURVEY.—As soon as prac3 ticable after the date of the enactment of this Act, 4 the District shall conduct a survey of the Campus, 5 which shall determine the exact acreage and legal 6 description of the Campus by a boundary survey 7 prepared by a qualified Federally-, State-, or Dis8 trict-licensed surveyor who is approved by the Sec9 retary. 10 (2) SUBMISSION TO CONGRESS.—Upon comple11 tion, the survey conducted under paragraph (1) shall 12 be submitted to— 13 (A) the Committee on Oversight and Ac14 countability and the Committee on Natural Re15 sources of the House of Representatives; and 16 (B) the Committee on Homeland Security 17 and Governmental Affairs and the Committee 18 on Energy and Natural Resources of the Sen19 ate. 20 (3) INCORPORATION IN DECLARATION OF COV21 ENANTS FOR TRANSFER.—The survey conducted 22 under paragraph (1) shall be incorporated in the 23 Declaration of Covenants entered into under sub24 section (a)(1). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 231. 231 1 (4) AVAILABILITY OF SURVEY AND MAP FOR 2 PUBLIC INSPECTION.—The survey conducted under 3 paragraph (1), together with the map of the Campus 4 referred to in subsection (m), shall be kept on file 5 and available for public inspection in the appropriate 6 offices of the Secretary. 7 (e) MEMORANDUM OF UNDERSTANDING.—As a con8 dition of the development and use of the Campus after 9 transfer of administrative jurisdiction over the Campus 10 under this section, the Secretary and the District shall 11 enter into a memorandum of understanding to determine 12 an allocation of the costs of carrying out all responsibilities 13 of the United States and the District with respect to the 14 Campus under the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act of 1980 (42 16 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act 17 (42 U.S.C. 6901 et seq.), including any costs of any re18 sponse action with respect to any contamination present 19 on the Campus. 20 (f) COSTS.— 21 (1) COSTS OF TRANSFER.—The District shall 22 be responsible for payment of any costs of carrying 23 out the transfer of administrative jurisdiction over 24 the Campus under this section, including— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 232. 232 1 (A) any costs of carrying out the survey 2 under subsection (d); and 3 (B) any costs of carrying out any environ4 mental analysis required under Federal law. 5 (2) COSTS AFTER TRANSFER.—Except as pro6 vided under the memorandum of understanding en7 tered into under subsection (e), the Secretary shall 8 not be responsible for payment of any costs or ex9 penses that are incurred by the District or any other 10 party (other than the United States) associated with 11 the Campus after the transfer of administrative ju12 risdiction under this section. 13 (g) SPECIAL RULES FOR RIPARIAN AREA.— 14 (1) RESTRICTION ON DEVELOPMENT AND 15 USE.—The Declaration of Covenants entered into 16 under subsection (a)(1) shall include provisions to 17 ensure that the riparian area of the Campus may 18 not be developed or used for any purposes other 19 than the continuing maintenance of any develop20 ment, use, or infrastructure (including roads and 21 pathways) existing at the time of the execution of 22 the transfer of administrative jurisdiction over the 23 Campus under this section. 24 (2) RIPARIAN AREA OF THE CAMPUS DE25 FINED.—In this subsection, the term ‘‘riparian area VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 233. 233 1 of the Campus’’ means the area designated in the 2 map referred to in subsection (m) as ‘‘Riparian Area 3 (Area F)’’. 4 (h) PROHIBITING USE OF FEDERAL FUNDS FOR 5 STADIUM.—The Declaration of Covenants entered into 6 under subsection (a)(1) shall include provisions to ensure 7 that the District may not use Federal funds for stadium 8 purposes on the Campus, including training facilities, of9 fices, and other structures necessary to support a stadium. 10 (i) TERM.—The transfer of administrative jurisdic11 tion over the Campus under this section shall be in effect 12 for a term of not less than 99 years, and may be renewed 13 for subsequent periods agreed to by the Secretary and the 14 District. 15 (j) REVERSION OF ADMINISTRATIVE JURISDIC16 TION.— 17 (1) GROUNDS FOR REVERSION.—The Declara18 tion of Covenants entered into under subsection 19 (a)(1) shall include provisions stating that adminis20 trative jurisdiction over the Campus transferred 21 under this section shall revert to the Secretary if 22 each of the following occurs: 23 (A) The terms and conditions of the Dec24 laration of Covenants have not been complied VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 234. 234 1 with, as reasonably determined by the Sec2 retary. 3 (B) Such noncompliance has not been cor4 rected within 90 days after written notice of 5 such noncompliance has been received by the 6 District. Such noncompliance shall be treated 7 as corrected if the District and the Secretary 8 enter into an agreement that the Secretary 9 finds adequate to ensure that the Campus will 10 be developed and used in a manner consistent 11 with the purposes referred to in subsection (b). 12 (2) TIMING.—The Secretary may not seek the 13 reversion of administrative jurisdiction over the 14 Campus under this subsection before the expiration 15 of 90 days after the date on which written notice of 16 the alleged violation is received by the District. The 17 notice shall include notice of the Secretary’s inten18 tion for administrative jurisdiction over the Campus 19 to revert to the Secretary. 20 (3) COST OF REHABILITATING PROPERTY.— 21 The Declaration of Covenants entered into under 22 subsection (a)(1) shall include provisions requiring 23 the District to bear the actual cost of removing 24 structures from or rehabilitating the Campus if adVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 235. 235 1 ministrative jurisdiction over the Campus reverts to 2 the Secretary under this subsection. 3 (k) RULE OF CONSTRUCTION RELATED TO THE AP4 PLICABILITY TO THE ADMINISTRATIVE JURISDICTION 5 TRANSFER.—Nothing in this section may be construed to 6 affect or limit the application of or obligation to comply 7 with the Comprehensive Environmental Response, Com8 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 9 seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 10 et seq.). 11 (l) CONFORMING AMENDMENT; TERMINATION OF 12 EXISTING LEASE.—Effective on the date of the transfer 13 of administrative jurisdiction over the Campus under this 14 section— 15 (1) the District of Columbia Stadium Act of 16 1957 (sec. 3–321 et seq., D.C. Official Code) is re17 pealed; and 18 (2) the lease dated January 14, 1988, between 19 the United States and the District for the use of the 20 Campus, as authorized by section 7(b)(1)(B) of such 21 Act (sec. 3–326(b)(1)(B), D.C. Official Code), is ter22 minated. 23 (m) DEFINITION.—In this section, the term ‘‘Robert 24 F. Kennedy Memorial Stadium Campus’’ means the ap25 proximately 174 acres of Federal land as generally deVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 236. 236 1 picted on the map entitled ‘‘Anacostia Park, Robert F. 2 Kennedy Memorial Stadium Campus – Transfer of Ad3 ministrative Jurisdiction’’, numbered 831/189,767, and 4 dated January 2024. 5 SEC. 605. TREATMENT OF ELECTRONIC SERVICES PRO6 VIDED FOR HOUSE OFFICES. 7 (a) IN GENERAL.—In this section— 8 (1) the term ‘‘agent of the Office of the Chief 9 Administrative Officer’’ includes a provider of elec10 tronic communication service or remote computing 11 service commissioned or used through the Office of 12 the Chief Administrative Officer by a House office 13 to provide such services to the House office; 14 (2) the term ‘‘electronic communication service’’ 15 has the meaning given that term in section 2510 of 16 title 18, United States Code; 17 (3) the term ‘‘House data’’, with respect to a 18 House office, means any electronic mail or other 19 electronic or data communication, other data (in20 cluding metadata), or other information of the 21 House office; 22 (4) the term ‘‘House office’’ means any employ23 ing office whose salaries or expenses are disbursed 24 by the Office of the Chief Administrative Officer; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 237. 237 1 (5) the term ‘‘Office of the Chief Administrative 2 Officer’’ means the Office of the Chief Administra3 tive Officer of the House of Representatives; 4 (6) the term ‘‘provider for a House office’’ 5 means a provider of electronic communication serv6 ice or remote computing service directly commis7 sioned or used by a House office to provide such 8 services; and 9 (7) the term ‘‘remote computing service’’ has 10 the meaning given that term in section 2711 of title 11 18, United States Code. 12 (b) TREATMENT.— 13 (1) RETAINING POSSESSION.— 14 (A) IN GENERAL.—A House office shall be 15 deemed to retain possession of any House data 16 of the House office, without regard to the use 17 by the House office of any individual or entity 18 described in paragraph (2) for the purposes of 19 any function or service described in paragraph 20 (2). 21 (B) RULE OF CONSTRUCTION.—Subpara22 graph (A) shall not be construed to limit the 23 use by an intended recipient of any House data 24 from a House office. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 238. 238 1 (2) CHIEF ADMINISTRATIVE OFFICER AND PRO2 VIDERS FOR A HOUSE OFFICE.—The Office of the 3 Chief Administrative Officer, any officer, employee, 4 or agent of the Office of the Chief Administrative 5 Officer, and any provider for a House office shall 6 not be treated as acquiring possession, custody, or 7 control of any House data by reason of its being 8 transmitted, processed, or stored (whether tempo9 rarily or otherwise) through the use of an electronic 10 system established, maintained, or operated, or the 11 use of electronic services provided, in whole or in 12 part by the Office of the Chief Administrative Offi13 cer, the officer, employee, or agent of the Office of 14 the Chief Administrative Officer, or the provider for 15 the House office. 16 (c) NOTIFICATION.—Notwithstanding any other pro17 vision of law or rule of civil or criminal procedure, the 18 Office of the Chief Administrative Officer, any officer, em19 ployee, or agent of the Office of the Chief Administrative 20 Officer, and any provider for a House office that is pro21 viding services to or used by a House office shall not be 22 barred, through operation of any court order or any statu23 tory provision, from notifying the House office of any legal 24 process seeking disclosure of House data of the House of25 fice that is transmitted, processed, or stored (whether temVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 239. 239 1 porarily or otherwise) through the use of an electronic sys2 tem established, maintained, or operated, or the use of 3 electronic services provided, in whole or in part by the Of4 fice of the Chief Administrative Officer, the officer, em5 ployee, or agent of the Office of the Chief Administrative 6 Officer, or the provider for a House office. 7 (d) MOTIONS TO QUASH OR MODIFY.—Upon a mo8 tion made promptly by a House office or provider for a 9 House office, a court of competent jurisdiction shall quash 10 or modify any legal process directed to the provider for 11 a House office if compliance with the legal process would 12 require the disclosure of House data of the House office. 13 (e) INFORMATION REGARDING IMPLICATIONS OF 14 USING PROVIDERS.—The Office of the Chief Administra15 tive Officer, in consultation with the House Office of Gen16 eral Counsel, shall provide information regarding the po17 tential constitutional implications and the potential impact 18 on privileges that may be asserted to each House office 19 that commissions or uses a provider of electronic commu20 nication service or remote computing service. 21 (f) APPLICABLE PRIVILEGES.—Nothing in this sec22 tion shall be construed to limit or supersede any applicable 23 privilege, immunity, or other objection that may apply to 24 the disclosure of House data. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 240. 240 1 (g) PREEMPTION.—Except as provided in this sec2 tion, any provision of law or rule of civil or criminal proce3 dure of any State, political subdivision, or agency thereof, 4 which is inconsistent with this section shall be deemed to 5 be preempted and superseded. 6 (h) EFFECTIVE DATE.—This section shall apply with 7 respect to— 8 (1) any legal process seeking disclosure of 9 House data of a House office that is filed, issued, 10 or made on or after the date of the enactment of 11 this Act; and 12 (2) any matter that is pending on or after the 13 date of enactment of this Act that relates to a legal 14 process described in paragraph (1) that is filed, 15 issued, or made before the date of the enactment of 16 this Act, unless the House data of the House office 17 was disclosed in accordance with such legal process 18 before the date of the enactment of this Act. 19 SEC. 606. PROTECTION OF CERTAIN FACILITIES AND AS20 SETS FROM UNMANNED AIRCRAFT. 21 Section 210G(i) of the Homeland Security Act of 22 2002 (6 U.S.C. 124n(i)) is amended by striking ‘‘Decem23 ber 20, 2024’’ and inserting ‘‘March 14, 2025’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 241. 241 1 SEC. 607. ADDITIONAL SPECIAL ASSESSMENT. 2 Section 3014 of title 18, United States Code, is 3 amended by striking ‘‘December 23, 2024’’ and inserting 4 ‘‘March 14, 2025’’. 5 SEC. 608. NATIONAL CYBERSECURITY PROTECTION SYS6 TEM AUTHORIZATION. 7 Section 227(a) of the Federal Cybersecurity En8 hancement Act of 2015 (6 U.S.C. 1525(a)) is amended 9 by striking ‘‘December 20, 2024’’ and inserting ‘‘March 10 14, 2025’’. 11 DIVISION D—COMMERCE 12 MATTERS 13 TITLE I—SECOND CHANCE 14 REAUTHORIZATION ACT OF 2024 15 SECTION 101. SHORT TITLE. 16 This Act may be cited as the ‘‘Second Chance Reau17 thorization Act of 2024’’. 18 SEC. 102. IMPROVEMENTS TO EXISTING PROGRAMS. 19 (a) STATE AND LOCAL REENTRY DEMONSTRATION 20 PROJECTS.—Section 2976 of title I of the Omnibus Crime 21 Control and Safe Streets Act of 1968 (34 U.S.C. 10631) 22 is amended— 23 (1) in subsection (b)— 24 (A) in paragraph (7), by striking ‘‘and’’ at 25 the end; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 242. 242 1 (B) in paragraph (8), by striking the pe2 riod at the end; and 3 (C) by adding at the end the following: 4 ‘‘(9) treating substance use disorders, including 5 by providing peer recovery services, case manage6 ment, and access to overdose education and overdose 7 reversal medications; and 8 ‘‘(10) providing reentry housing services.’’; and 9 (2) in subsection (o)(1), by striking ‘‘2019 10 through 2023’’ and inserting ‘‘2025 through 2029’’. 11 (b) GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE 12 TREATMENT.—Section 2926(a) of the Omnibus Crime 13 Control and Safe Streets Act of 1968 (34 U.S.C. 14 10595a(a)) is amended by striking ‘‘2019 through 2023’’ 15 and inserting ‘‘2025 through 2029’’. 16 (c) GRANT PROGRAM TO EVALUATE AND IMPROVE 17 EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVE18 NILE FACILITIES.—Section 1001(a)(28) of the Omnibus 19 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 20 10261(a)(28)) is amended by striking ‘‘2019, 2020, 2021, 21 2022, and 2023’’ and inserting ‘‘2025 through 2029’’. 22 (d) CAREERS TRAINING DEMONSTRATION 23 GRANTS.—Section 115(f) of the Second Chance Act of 24 2007 (34 U.S.C. 60511(f)) is amended by striking ‘‘2019, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 243. 243 1 2020, 2021, 2022, and 2023’’ and inserting ‘‘2025 2 through 2029’’. 3 (e) OFFENDER REENTRY SUBSTANCE ABUSE AND 4 CRIMINAL JUSTICE COLLABORATION PROGRAM.—Section 5 201(f)(1) of the Second Chance Act of 2007 (34 U.S.C. 6 60521(f)(1)) is amended by striking ‘‘2019 through 2023’’ 7 and inserting ‘‘2025 through 2029’’. 8 (f) COMMUNITY-BASED MENTORING AND TRANSI9 TIONAL SERVICE GRANTS TO NONPROFIT ORGANIZA10 TIONS.—Section 211(f) of the Second Chance Act of 2007 11 (34 U.S.C. 60531(f)) is amended by striking ‘‘2019 12 through 2023’’ and inserting ‘‘2025 through 2029’’. 13 TITLE II—YOUTH POISONING 14 PREVENTION 15 SEC. 201. SHORT TITLE. 16 This title may be cited as the ‘‘Youth Poisoning Pro17 tection Act’’. 18 SEC. 202. BANNING OF PRODUCTS CONTAINING A HIGH 19 CONCENTRATION OF SODIUM NITRITE. 20 (a) IN GENERAL.—Any consumer product containing 21 a high concentration of sodium nitrite shall be considered 22 to be a banned hazardous product under section 8 of the 23 Consumer Product Safety Act ( 15 U.S.C. 2057). 24 (b) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed to— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 244. 244 1 (1) prohibit any commercial or industrial pur2 pose in which high concentration sodium nitrite is 3 not customarily produced or distributed for sale to, 4 or use or consumption by, or enjoyment of, a con5 sumer; and 6 (2) apply to high concentration sodium nitrite 7 that meets the definition of a drug, device, or cos8 metic (as such terms are defined in sections 201(g), 9 (h), and (i) of the Federal Food, Drug, and Cos10 metic Act ( 21 U.S.C. 321(g), (h), and (i))), or food 11 (as defined in section 201(f) of such Act ( 21 U.S.C. 12 321(f))), including poultry and poultry products (as 13 such terms are defined in sections 4(e) and (f) of 14 the Poultry Products Inspection Act ( 21 U.S.C. 15 453(e)and (f))), meat and meat food products (as 16 such terms are defined in section 1(j) of the Federal 17 Meat Inspection Act ( 21 U.S.C. 601(j))), and eggs 18 and egg products (as such terms are defined in sec19 tion 4 of the Egg Products Inspection Act ( 21 20 U.S.C. 1033)). 21 (c) DEFINITIONS.—For purposes of this section: 22 (1) CONSUMER PRODUCT.—The term consumer 23 product has the meaning given that term under sec24 tion 3(a)(5) of the Consumer Product Safety Act ( 25 15 U.S.C. 2052(a)(5)). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 245. 245 1 (2) HIGH CONCENTRATION OF SODIUM NI2 TRITE.—The term high concentration of sodium ni3 trite means a concentration of 10 or more percent 4 by weight of sodium nitrite. 5 (d) EFFECTIVE DATE.—This section shall take effect 6 90 days after the date of enactment of this Act. 7 TITLE III—CONSUMER PRODUCT 8 SAFETY STANDARD FOR CER9 TAIN BATTERIES 10 SEC. 301. CONSUMER PRODUCT SAFETY STANDARD FOR 11 CERTAIN BATTERIES. 12 (a) CONSUMER PRODUCT SAFETY STANDARD RE13 QUIRED.—Not later than 180 days after the date of the 14 enactment of this Act, the Consumer Product Safety Com15 mission (referred to in this section as the ‘‘Commission’’) 16 shall promulgate, under section 553 of title 5, United 17 States Code, the provisions of ANSI/CAN/UL 2271- 18 Standard for Batteries for Use in Light Electric Vehicle 19 Applications, ANSI/CAN/UL 2849-Standard for Safety 20 for Electrical Systems for eBikes, and ANSI/CA/UL 21 2272-Standard for Electrical Systems for Personal E-Mo22 bility Devices, as in effect on the date of enactment of 23 this Act, as final consumer product safety standards. 24 (b) CONSUMER PRODUCT SAFETY COMMISSION DE25 TERMINATION OF SCOPE.—In adopting the standards VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 246. 246 1 under subsection (a), the Commission shall limit the appli2 cation of such standards to consumer products as defined 3 in section 3(a)(5) of the Consumer Product Safety Act (15 4 U.S.C. 2052(a)(5)). 5 (c) REVISION OF VOLUNTARY STANDARDS.— 6 (1) NOTICE TO COMMISSION.—If the provisions 7 of ANSI/CAN/UL 2271-Standard for Batteries for 8 Use in Light Electric Vehicle Applications, ANSI/ 9 CAN/UL 2849-Standard for Safety for Electrical 10 Systems for eBikes, or ANSI/CAN/UL 2272-Stand11 ard for Electrical Systems for Personal E-Mobility 12 Devices, are revised following the enactment of this 13 Act, the organization that revised the requirements 14 of such standard shall notify the Commission after 15 the final approval of the revision. 16 (2) TREATMENT OF REVISION.—The revised 17 voluntary standard shall be considered to be a con18 sumer product safety standard issued by the Com19 mission under section 9 of the Consumer Product 20 Safety Act (15 U.S.C. 2058), effective 180 days 21 after the date on which the organization notifies the 22 Commission (or such later date specified by the 23 Commission in the Federal Register) unless, within 24 90 days after receiving that notice, the Commission 25 notifies the organization that it has determined that VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 247. 247 1 the proposed revision, in whole or in part, does not 2 improve the safety of the consumer product covered 3 by the standard and that the Commission is retain4 ing the existing consumer product safety standard. 5 (d) TREATMENT OF STANDARD.—A standard pro6 mulgated under this section, including a revision of such 7 standard adopted by the Commission, shall be treated as 8 a consumer product safety rule promulgated under section 9 9 of the Consumer Product Safety Act (15 U.S.C. 2058). 10 (e) REPORT TO CONGRESS.— 11 (1) IN GENERAL.—Not later than 5 years after 12 the date of enactment of this Act, the Commission 13 shall submit to the Committee on Commerce, 14 Science, and Transportation of the Senate and the 15 Committee on Energy and Commerce of the House 16 of Representatives, a report regarding fires, explo17 sions, and other hazards relating to lithium-ion bat18 teries used in micromobility products during the pe19 riod beginning on the date of enactment of this Act 20 and ending on the report date. 21 (2) CONTENT.—The report required by para22 graph (1) shall describe, at a minimum— 23 (A) the source of the information that was 24 provided to the Commission regarding the fire, 25 explosion, or other hazard; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 248. 248 1 (B) the make and model of the lithium-ion 2 battery and micromobility product that resulted 3 in a fire, explosion, or other hazard, if known; 4 (C) whether a lithium-ion battery involved 5 in a fire, explosion, or other hazard complied 6 with the standard required by this section, if 7 known; and 8 (D) if known, the manufacturer and coun9 try of manufacture of a lithium-ion battery that 10 resulted in a fire, explosion, or other hazard. 11 TITLE IV—FOREIGN ADVERSARY 12 COMMUNICATIONS TRANS13 PARENCY ACT 14 SEC. 401. SHORT TITLE. 15 This title may be cited as the ‘‘Foreign Adversary 16 Communications Transparency Act’’. 17 SEC. 402. LIST OF ENTITIES HOLDING FCC AUTHORIZA18 TIONS, LICENSES, OR OTHER GRANTS OF AU19 THORITY AND HAVING CERTAIN FOREIGN 20 OWNERSHIP. 21 (a) IN GENERAL.—Not later than 120 days after the 22 date of the enactment of this Act, the Commission shall 23 publish on the internet website of the Commission a list 24 of each entity— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 249. 249 1 (1) that holds a license issued by the Commis2 sion pursuant to— 3 (A) section 309(j) of the Communications 4 Act of 1934 (47 U.S.C. 309(j)); or 5 (B) the Act of May 27, 1921 (47 U.S.C. 6 34 et seq.; commonly known as the ‘‘Cable 7 Landing Licensing Act’’) and Executive Order 8 10530 (3 U.S.C. 301 note; relating to the per9 formance of certain functions vested in or sub10 ject to the approval of the President); and 11 (2) with respect to which— 12 (A) a covered entity holds an equity or vot13 ing interest that is required to be reported to 14 the Commission under the ownership rules of 15 the Commission; or 16 (B) an appropriate national security agen17 cy has determined that a covered entity exerts 18 control, regardless of whether such covered enti19 ty holds an equity or voting interest as de20 scribed in subparagraph (A). 21 (b) RULEMAKING.— 22 (1) IN GENERAL.—Not later than 18 months 23 after the date of the enactment of this Act, the 24 Commission shall issue rules to obtain information 25 to identify each entity— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 250. 250 1 (A) that holds any authorization, license, 2 or other grant of authority issued by the Com3 mission (other than a license described in sub4 section (a)(1)); and 5 (B) with respect to which a covered entity 6 holds an equity or voting interest that is re7 quired to be reported to the Commission under 8 the ownership rules of the Commission. 9 (2) PLACEMENT ON LIST.—Not later than 1 10 year after the Commission issues the rules required 11 by paragraph (1), the Commission shall place each 12 entity described in such paragraph on the list pub13 lished under subsection (a). 14 (c) PAPERWORK REDUCTION ACT EXEMPTION.—A 15 collection of information conducted or sponsored by the 16 Commission to implement this section does not constitute 17 a collection of information for the purposes of subchapter 18 I of chapter 35 of title 44, United States Code (commonly 19 referred to as the ‘‘Paperwork Reduction Act’’). 20 (d) ANNUAL UPDATES.—The Commission shall, not 21 less frequently than annually, update the list published 22 under subsection (a), including with respect to any entity 23 required to be placed on such list by subsection (b)(2). 24 (e) DEFINITIONS.—In this section: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 251. 251 1 (1) APPROPRIATE NATIONAL SECURITY AGEN2 CY.—The term ‘‘appropriate national security agen3 cy’’ has the meaning given such term in section 9 4 of the Secure and Trusted Communications Net5 works Act of 2019 (47 U.S.C. 1608). 6 (2) COMMISSION.—The term ‘‘Commission’’ 7 means the Federal Communications Commission. 8 (3) COVERED COUNTRY.—The term ‘‘covered 9 country’’ means a country specified in section 10 4872(d)(2) of title 10, United States Code. 11 (4) COVERED ENTITY.—The term ‘‘covered en12 tity’’ means— 13 (A) the government of a covered country; 14 (B) an entity organized under the laws of 15 a covered country; and 16 (C) a subsidiary of an entity described in 17 subparagraph (B), regardless of whether the 18 subsidiary is organized under the laws of a cov19 ered country. 20 TITLE V—PROMOTING 21 RESILIENT SUPPLY CHAINS 22 SEC. 501. SHORT TITLE. 23 This title may be cited as the ‘‘Promoting Resilient 24 Supply Chains Act of 2024’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 252. 252 1 SEC. 502. ADDITIONAL RESPONSIBILITIES OF ASSISTANT 2 SECRETARY OF COMMERCE FOR INDUSTRY 3 AND ANALYSIS. 4 In addition to the responsibilities of the Assistant 5 Secretary on the day before the date of the enactment of 6 this Act, the Assistant Secretary shall have the following 7 responsibilities: 8 (1) Promote the stability and resilience of crit9 ical supply chains and critical and emerging tech10 nologies that strengthen the national security of the 11 United States. 12 (2) Lead the Working Group established pursu13 ant to section 503 and consult covered nongovern14 mental representatives, industry, institutions of 15 higher education, and State and local governments 16 in order to— 17 (A) promote resilient critical supply chains; 18 and 19 (B) identify, prepare for, and respond to 20 supply chain shocks to— 21 (i) critical industries; 22 (ii) critical supply chains; and 23 (iii) critical and emerging tech24 nologies. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00252 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 253. 253 1 (3) Encourage the growth and competitiveness 2 of United States production and manufacturing in 3 the United States of emerging technologies. 4 (4) Assess the resilience, diversity, and strength 5 of critical supply chains and critical and emerging 6 technologies. 7 (5) In consultation with the Secretary of State 8 and the United States Trade Representative, sup9 port the availability of critical goods from domestic 10 manufacturers, domestic enterprises, and manufac11 turing operations in countries that are allies or key 12 international partner nations. 13 (6) Assist the Federal Government in preparing 14 for and responding to supply chain shocks to critical 15 supply chains, including by improving flexible manu16 facturing capacities and capabilities in the United 17 States. 18 (7) Consistent with United States obligations 19 under international agreements, encourage and 20 incentivize the reduced reliance of domestic enter21 prises and domestic manufacturers on critical goods 22 from countries that are described in section 23 507(2)(B). 24 (8) Encourage the relocation of manufacturing 25 facilities that manufacture critical goods from counVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 254. 254 1 tries that are described in section 507(2)(B) to the 2 United States and countries that are allies or key 3 international partner nations to strengthen the resil4 ience, diversity, and strength of critical supply 5 chains. 6 SEC. 503. CRITICAL SUPPLY CHAIN RESILIENCE WORKING 7 GROUP. 8 (a) ESTABLISHMENT.—Not later than 120 days after 9 the date of the enactment of this Act, the Assistant Sec10 retary shall establish a working group to be known as the 11 ‘‘Supply Chain Resilience Working Group’’ (in this title 12 referred to as the ‘‘Working Group’’) composed of the 13 Federal agencies that rely upon the Industry and Analysis 14 Business unit analysis, including agencies enumerated in 15 subsection (c). 16 (b) ACTIVITIES.—Not later than 1 year after the date 17 of the enactment of this Act, the Assistant Secretary shall 18 carry out the following activities: 19 (1) In consultation with the Working Group— 20 (A) assessing, mapping, and modeling crit21 ical supply chains, including for critical and 22 emerging technologies, which may include— 23 (i) modeling the impact of supply 24 chain shocks on critical industries (includVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 255. 255 1 ing for critical and emerging technologies), 2 and critical supply chains; 3 (ii) assessing the demand for and sup4 ply of critical goods, production equipment, 5 and manufacturing technology needed for 6 critical supply chains, including critical 7 goods, production equipment, and manu8 facturing technology obtained by or pur9 chased from a person outside of the United 10 States or imported into the United States; 11 and 12 (iii) assessing manufacturing, 13 warehousing, transportation, and distribu14 tion related to critical supply chains; 15 (B) identifying high priority gaps and 16 vulnerabilities in critical supply chains and crit17 ical industries (including critical industries for 18 critical and emerging technologies) that— 19 (i) exist as of the date of the enact20 ment of this Act; or 21 (ii) are anticipated to occur after the 22 date of the enactment of this Act; 23 (C) identifying potential supply chain 24 shocks to a critical supply chain that may disVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 256. 256 1 rupt, strain, or eliminate the critical supply 2 chain; 3 (D) evaluating the capability and capacity 4 of domestic manufacturers or manufacturers lo5 cated in countries that are allies or key inter6 national partner nations to serve as sources for 7 critical goods, production equipment, or manu8 facturing technology needed in critical supply 9 chains; 10 (E) evaluating the effect on market sta11 bility that may result from the disruption, 12 strain, or elimination of a critical supply chain; 13 (F) evaluating the state of the manufac14 turing workforce, including by— 15 (i) identifying the needs of domestic 16 manufacturers; and 17 (ii) identifying opportunities to create 18 high-quality manufacturing jobs; and 19 (G) identifying and describing necessary 20 tools, including commercially available risk as21 sessment tools, that leverage data and industry 22 expertise to provide insights into critical supply 23 chain vulnerabilities, including how such tools 24 fulfill the requirements described in subpara25 graphs (A) through (F). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 257. 257 1 (2) In consultation with State and local govern2 ments, the Working Group, and (as appropriate) 3 countries that are allies or key international partner 4 nations— 5 (A) identifying opportunities to reduce 6 gaps and vulnerabilities in critical supply chains 7 and critical industries; 8 (B) encouraging consultation between the 9 Federal Government, industry, covered non10 governmental representatives, institutions of 11 higher education, and State and local govern12 ments to— 13 (i) better respond to supply chain 14 shocks to critical supply chains and critical 15 industries (including critical industries for 16 emerging technologies); and 17 (ii) coordinate response efforts to sup18 ply chain shocks; 19 (C) encouraging consultation between the 20 Federal Government and the governments of 21 countries that are allies or key international 22 partner nations; 23 (D) identifying opportunities to build the 24 capacity of the United States in critical supply VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 258. 258 1 chains, critical industries, and emerging tech2 nologies; 3 (E) identifying opportunities to build the 4 capacity of countries that are allies or key 5 international partner nations in critical indus6 tries (including critical industries for emerging 7 technologies) and critical supply chains; and 8 (F) developing and assessing contingency 9 plans and coordination mechanisms to improve 10 the response of critical supply chains and crit11 ical industries to supply chain shocks. 12 (c) WORKING GROUP MEMBERSHIP.—The Working 13 Group shall include a representative from each Federal 14 agency that relies on the analysis of the Industry and 15 Analysis business unit, including— 16 (1) the Department of State; 17 (2) the Department of Defense; 18 (3) the Department of Homeland Security; 19 (4) the Department of Transportation; 20 (5) the Department of Energy; 21 (6) the Department of Agriculture; 22 (7) the Department of the Interior; 23 (8) the Department of Health and Human 24 Services; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 259. 259 1 (9) the Office of the Director of National Intel2 ligence; and 3 (10) the Small Business Administration. 4 (d) DESIGNATIONS.—The Assistant Secretary shall— 5 (1) not later than 120 days after the date of 6 the enactment of this Act, designate— 7 (A) critical industries; 8 (B) critical supply chains; and 9 (C) critical goods; 10 (2) provide for a period of public comment and 11 review in carrying out paragraph (1); and 12 (3) update the designations made pursuant to 13 paragraph (1) not less frequently than once every 4 14 years, including designations for technologies that 15 are not described in section 507(12)(B) that the As16 sistant Secretary considers necessary. 17 (e) IMPLEMENTATION REPORT.—Not later than 1 18 year after the date of the enactment of this Act, the As19 sistant Secretary shall submit to the relevant committees 20 of Congress a report that— 21 (1) details supply chain activities, including ap22 plicable activities described in subsection (b) and re23 sponsibilities described in section 502, that the As24 sistant Secretary has conducted over the past year; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 260. 260 1 (2) describes supply chain data collected, re2 tained, and analyzed by the Assistant Secretary over 3 the past year; 4 (3) identifies and describes necessary tools, in5 cluding commercially available risk assessment tools, 6 that leverage data and industry expertise to provide 7 insights into critical supply chain vulnerabilities, in8 cluding how such tools fulfill each responsibility de9 scribed in subsection (b); 10 (4) identifies and describes all Federal agencies 11 with authorities or responsibilities described in sub12 section (b); and 13 (5) identifies Federal agencies, programs, and 14 bureaus with duplicative purposes to fulfill any of 15 the authorities or responsibilities described in sub16 section (b). 17 (f) NATIONAL STRATEGY AND REVIEW ON CRITICAL 18 SUPPLY CHAIN RESILIENCY AND MANUFACTURING IN 19 THE UNITED STATES.— 20 (1) IN GENERAL.—Not later than 18 months 21 after the date of the enactment of this Act, and an22 nually thereafter, the Assistant Secretary, in con23 sultation with the Working Group, covered non24 governmental representatives, industries, institutions 25 of higher education, and State and local governVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 261. 261 1 ments, shall submit to the relevant committees of 2 Congress a report that— 3 (A) identifies— 4 (i) critical infrastructure that may as5 sist in fulfilling the responsibilities de6 scribed in section 502; 7 (ii) critical and emerging technologies 8 that may assist in fulfilling the responsibil9 ities described in section 502, including 10 such technologies that may be critical to 11 addressing preparedness, weaknesses, and 12 vulnerabilities relating to critical supply 13 chains; 14 (iii) critical industries, critical supply 15 chains, and critical goods designated pur16 suant to subsection (d); 17 (iv) other supplies and services that 18 are critical to the crisis preparedness of 19 the United States; 20 (v) substitutes for critical goods, pro21 duction equipment, and manufacturing 22 technology; 23 (vi) methods and technologies, includ24 ing blockchain technology, distributed ledg25 er technology, and other critical and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 262. 262 1 emerging technologies, as appropriate, for 2 the authentication and traceability of crit3 ical goods; and 4 (vii) countries that are allies or key 5 international partner nations; 6 (B) describes the matters identified and 7 evaluated under subsection (b)(1), including— 8 (i) the manufacturing base, critical 9 supply chains, and emerging technologies 10 in the United States, including the manu11 facturing base and critical supply chains 12 for— 13 (I) critical goods; 14 (II) production equipment; and 15 (III) manufacturing technology; 16 and 17 (ii) the ability of the United States 18 to— 19 (I) maintain readiness with re20 spect to preparing for and responding 21 to supply chain shocks; and 22 (II) in response to a supply chain 23 shock— 24 (aa) surge production in 25 critical industries; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 263. 263 1 (bb) surge production of 2 critical goods and production 3 equipment; and 4 (cc) maintain access to crit5 ical goods, production equipment, 6 and manufacturing technology; 7 (C) assesses and describes— 8 (i) the demand and supply of critical 9 goods, production equipment, and manu10 facturing technology; 11 (ii) the production of critical goods, 12 production equipment, and manufacturing 13 technology by domestic manufacturers; 14 (iii) the capability and capacity of do15 mestic manufacturers and manufacturers 16 in countries that are allies or key inter17 national partner nations to manufacture 18 critical goods, production equipment, and 19 manufacturing technology; and 20 (iv) how supply chain shocks could af21 fect rural, Tribal, and underserved commu22 nities; 23 (D) identifies threats and supply chain 24 shocks that may disrupt, strain, or eliminate 25 critical supply chains, critical goods, and critical VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 264. 264 1 industries (including critical industries for 2 emerging technologies); 3 (E) with regard to any threat identified 4 under subparagraph (D), lists any threat or 5 supply chain shock that may originate from a 6 country, or a company or individual from a 7 country, that is described in section 507(2)(B); 8 (F) assesses— 9 (i) the resilience and capacity of the 10 manufacturing base, critical supply chains, 11 and workforce of the United States and 12 countries that are allies or key inter13 national partner nations that can sustain 14 critical industries (including critical indus15 tries for emerging technologies) through a 16 supply chain shock; and 17 (ii) the effect innovation has on do18 mestic manufacturers; 19 (G) assesses the flexible manufacturing ca20 pacity and capability available in the United 21 States in the case of a supply chain shock; and 22 (H) develops a strategy for the Depart23 ment of Commerce to support the resilience, di24 versity, and strength of critical supply chains 25 and critical and emerging technologies to— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 265. 265 1 (i) support sufficient access to critical 2 goods by mitigating vulnerabilities in crit3 ical supply chains, including critical supply 4 chains concentrated in countries that are 5 described in section 507(2)(B); 6 (ii) consult with other relevant agen7 cies to assist countries that are allies or 8 key international partner nations in build9 ing capacity for manufacturing critical 10 goods; 11 (iii) recover from supply chain shocks; 12 (iv) identify, in consultation with the 13 Working Group and other relevant agen14 cies, actions relating to critical supply 15 chains or emerging technologies that the 16 United States may take to improve re17 sponses to supply chain shocks; 18 (v) protect against supply chain 19 shocks relating to critical supply chains 20 from countries that are described in sec21 tion 507(2)(B); and 22 (vi) make specific recommendations to 23 implement the strategy under this section 24 and improve the security and resiliency of 25 manufacturing capacity and supply chains VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 266. 266 1 for critical industries (including critical in2 dustries for emerging technologies) by— 3 (I) developing long-term strate4 gies; 5 (II) increasing visibility into the 6 networks and capabilities of domestic 7 manufacturers and suppliers of do8 mestic manufacturers; 9 (III) identifying and mitigating 10 risks, including— 11 (aa) significant 12 vulnerabilities to supply chain 13 shocks; and 14 (bb) exposure to gaps and 15 vulnerabilities in domestic capac16 ity or capabilities and sources of 17 imports needed to sustain critical 18 industries (including critical in19 dustries for emerging tech20 nologies) or critical supply 21 chains; 22 (IV) identifying opportunities to 23 reuse and recycle critical goods, in24 cluding raw materials, to increase re25 silient critical supply chains; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 267. 267 1 (V) consulting with countries 2 that are allies or key international 3 partner nations on— 4 (aa) sourcing critical goods, 5 production equipment, and man6 ufacturing technology; and 7 (bb) developing, sustaining, 8 and expanding production and 9 availability of critical goods, pro10 duction equipment, and manufac11 turing technology during a supply 12 chain shock; and 13 (VI) providing guidance to other 14 relevant agencies with respect to crit15 ical goods, supply chains, and critical 16 industries (including critical industries 17 for emerging technologies) that should 18 be prioritized to support United 19 States leadership in the deployment of 20 such technologies. 21 (2) PROHIBITION.—The report submitted pur22 suant to paragraph (1) may not include— 23 (A) critical supply chain information that 24 is not aggregated; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 268. 268 1 (B) confidential business information of a 2 private sector entity; or 3 (C) classified information. 4 (3) FORM.—The report submitted pursuant to 5 paragraph (1), and any update submitted thereafter, 6 shall be submitted to the relevant committees of 7 Congress in unclassified form and may include a 8 classified annex. 9 (4) PUBLIC COMMENT.—The Assistant Sec10 retary shall provide for a period of public comment 11 and review in developing the report submitted pursu12 ant to paragraph (1). 13 (g) CONSULTATION.—Not later than 1 year after the 14 date of the enactment of this Act, the Assistant Secretary 15 shall enter into an agreement with the head of any rel16 evant agency to obtain any information, data, or assist17 ance that the Assistant Secretary determines necessary to 18 conduct the activities described in subsection (b). 19 (h) RULE OF CONSTRUCTION.—Nothing in this sec20 tion may be construed to require any private entity— 21 (1) to share information with the Secretary or 22 Assistant Secretary; 23 (2) to request assistance from the Secretary or 24 Assistant Secretary; or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 269. 269 1 (3) to implement any measure or recommenda2 tion suggested by the Secretary or Assistant Sec3 retary in response to a request by the private entity. 4 (i) PROTECTION OF VOLUNTARILY SHARED CRIT5 ICAL SUPPLY CHAIN INFORMATION.— 6 (1) PROTECTION.— 7 (A) IN GENERAL.—Notwithstanding any 8 other provision of law, critical supply chain in9 formation (including the identity of the submit10 ting person or entity) that is voluntarily sub11 mitted under this section to the Department of 12 Commerce for use by the Department for pur13 poses of this section, when accompanied by an 14 express statement described in subparagraph 15 (B)— 16 (i) shall be exempt from disclosure 17 under section 552(b)(3) of title 5, United 18 States Code (commonly referred to as the 19 ‘‘Freedom of Information Act’’); 20 (ii) is not subject to any agency rules 21 or judicial doctrine regarding ex parte 22 communications with a decision-making of23 ficial; 24 (iii) may not, without the written con25 sent of the person or entity submitting VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 270. 270 1 such information, be used directly by the 2 Department of Commerce, any other Fed3 eral, State, or local authority, or any third 4 party, in any civil action arising under 5 Federal or State law if such information is 6 submitted in good faith; 7 (iv) may not, without the written con8 sent of the person or entity submitting 9 such information, be used or disclosed by 10 any officer or employee of the United 11 States for purposes other than the pur12 poses of this section, except— 13 (I) in furtherance of an investiga14 tion or the prosecution of a criminal 15 act; or 16 (II) when disclosure of the infor17 mation would be— 18 (aa) to either House of Con19 gress, or to the extent of matter 20 within its jurisdiction, any com21 mittee or subcommittee thereof, 22 any joint committee thereof, or 23 any subcommittee of any such 24 joint committee; or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 271. 271 1 (bb) to the Comptroller Gen2 eral of the United States, or any 3 authorized representative of the 4 Comptroller General, in the 5 course of the performance of the 6 duties of the Government Ac7 countability Office; 8 (v) may not, if provided to a State or 9 local government or government agency— 10 (I) be made available pursuant to 11 any State or local law requiring dis12 closure of information or records; 13 (II) otherwise be disclosed or dis14 tributed to any party by such State or 15 local government or government agen16 cy without the written consent of the 17 person or entity submitting such in18 formation; or 19 (III) be used other than for the 20 purpose of carrying out this section, 21 or in furtherance of an investigation 22 or the prosecution of a criminal act; 23 and 24 (vi) does not constitute a waiver of 25 any applicable privilege or protection proVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 272. 272 1 vided under law, such as trade secret pro2 tection. 3 (B) EXPRESS STATEMENT.—The express 4 statement described in this subparagraph, with 5 respect to information or records, is— 6 (i) in the case of written information 7 or records, a written marking on the infor8 mation or records substantially similar to 9 the following: ‘‘This information is volun10 tarily submitted to the Federal Govern11 ment in expectation of protection from dis12 closure as provided by the provisions of the 13 Promoting Resilient Supply Chains Act of 14 2024.’’; or 15 (ii) in the case of oral information, a 16 written statement similar to the statement 17 described in clause (i) submitted within a 18 reasonable period following the oral com19 munication. 20 (2) LIMITATION.—No communication of critical 21 supply chain information to the Department of Com22 merce made pursuant to this section may be consid23 ered to be an action subject to the requirements of 24 chapter 10 of title 5, United States Code. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 273. 273 1 (3) INDEPENDENTLY OBTAINED INFORMA2 TION.—Nothing in this subsection may be construed 3 to limit or otherwise affect the ability of a State, 4 local, or Federal Government entity, agency, or au5 thority, or any third party, under applicable law to 6 obtain critical supply chain information in a manner 7 not covered by paragraph (1), including any infor8 mation lawfully and properly disclosed generally or 9 broadly to the public and to use such information in 10 any manner permitted by law. For purposes of this 11 subsection, a permissible use of independently ob12 tained information includes the disclosure of such in13 formation under section 2302(b)(8) of title 5, 14 United States Code. 15 (4) TREATMENT OF VOLUNTARY SUBMITTAL OF 16 INFORMATION.—The voluntary submittal to the De17 partment of Commerce of information or records 18 that are protected from disclosure by this section 19 may not be construed to constitute compliance with 20 any requirement to submit such information to an 21 agency under any other provision of law. 22 (5) INAPPLICABILITY TO SEMICONDUCTOR IN23 CENTIVE PROGRAM.—This subsection does not apply 24 to the voluntary submission of critical supply chain 25 information in an application for Federal financial VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 274. 274 1 assistance under section 9902 of the William M. 2 (Mac) Thornberry National Defense Authorization 3 Act for Fiscal Year 2021 (Public Law 116–283). 4 SEC. 504. DEPARTMENT OF COMMERCE CAPABILITY AS5 SESSMENT. 6 (a) REPORT REQUIRED.—The Secretary shall 7 produce a report— 8 (1) identifying the duties, responsibilities, re9 sources, programs, and expertise within the offices 10 and bureaus of the Department of Commerce rel11 evant to critical supply chain resilience and manu12 facturing innovation; 13 (2) identifying and assessing the purpose, legal 14 authority, effectiveness, efficiency, and limitations of 15 each office or bureau identified under paragraph (1); 16 and 17 (3) providing recommendations to enhance the 18 activities related to critical supply chain resilience 19 and manufacturing innovation of the Department of 20 Commerce, including— 21 (A) improving the effectiveness, efficiency, 22 and impact of the offices and bureaus identified 23 under paragraph (1); 24 (B) coordinating across offices and bu25 reaus identified under paragraph (1); and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 275. 275 1 (C) consulting with agencies implementing 2 similar activities related to critical supply chain 3 resilience and manufacturing innovation. 4 (b) SUBMISSION OF REPORT.—Not later than 2 years 5 after the date of the enactment of this Act, the Secretary 6 shall submit to the relevant committees of Congress the 7 report required by subsection (a), along with a strategy 8 to implement, as appropriate and as determined by the 9 Secretary, the recommendations contained in the report. 10 SEC. 505. NO ADDITIONAL FUNDS. 11 No additional funds are authorized to be appro12 priated to carry out this title. 13 SEC. 506. SUNSET. 14 This title and all requirements, responsibilities, and 15 obligations under this title shall terminate on the date that 16 is 10 years after the date of the enactment of this Act. 17 SEC. 507. DEFINITIONS. 18 In this title: 19 (1) AGENCY.—The term ‘‘agency’’ has the 20 meaning given that term in section 551 of title 5, 21 United States Code. 22 (2) ALLY OR KEY INTERNATIONAL PARTNER 23 NATION.—The term ‘‘ally or key international part24 ner nation’’— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 276. 276 1 (A) means a country that is critical to ad2 dressing critical supply chain weaknesses and 3 vulnerabilities; and 4 (B) does not include— 5 (i) a country that poses a significant 6 risk to the national security or economic 7 security of the United States; or 8 (ii) a country that is described in sec9 tion 503(b) of the RANSOMWARE Act 10 (title V of division BB of the Consolidated 11 Appropriations Act, 2023; Public Law 12 117–328; 136 Stat. 5564). 13 (3) ASSISTANT SECRETARY.—The term ‘‘Assist14 ant Secretary’’ means the Assistant Secretary of 15 Commerce assigned by the Secretary to direct the 16 office of Industry and Analysis. 17 (4) COVERED NONGOVERNMENTAL REPRESENT18 ATIVE.—The term ‘‘covered nongovernmental rep19 resentative’’ means a representative as specified in 20 the second sentence of section 135(b)(1) of the 21 Trade Act of 1974 (19 U.S.C. 2155(b)(1)), except 22 that such term does not include a representative of 23 a non-Federal government. 24 (5) CRITICAL GOOD.—The term ‘‘critical good’’ 25 means any raw, in process, or manufactured mateVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 277. 277 1 rial (including any mineral, metal, or advanced proc2 essed material), article, commodity, supply, product, 3 or item for which an absence of supply would have 4 a debilitating impact on— 5 (A) the national security or economic secu6 rity of the United States; and 7 (B) either— 8 (i) critical infrastructure; or 9 (ii) an emerging technology. 10 (6) CRITICAL INDUSTRY.—The term ‘‘critical 11 industry’’ means an industry that— 12 (A) is critical for the national security or 13 economic security of the United States; and 14 (B) produces or procures a critical good. 15 (7) CRITICAL INFRASTRUCTURE.—The term 16 ‘‘critical infrastructure’’ has the meaning given that 17 term in section 1016 of the Critical Infrastructures 18 Protection Act of 2001 (42 U.S.C. 5195c). 19 (8) CRITICAL SUPPLY CHAIN.—The term ‘‘crit20 ical supply chain’’ means a supply chain for a crit21 ical good. 22 (9) CRITICAL SUPPLY CHAIN INFORMATION.— 23 The term ‘‘critical supply chain information’’ means 24 information that is not customarily in the public do25 main and relates to— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 278. 278 1 (A) sustaining and adapting a critical sup2 ply chain during a supply chain shock; 3 (B) critical supply chain risk mitigation 4 and recovery planning with respect to a supply 5 chain shock, including any planned or past as6 sessment, projection, or estimate of a vulner7 ability within the critical supply chain, includ8 ing testing, supplier network assessments, pro9 duction flexibility, supply chain risk evaluations, 10 supply chain risk management planning, or risk 11 audits; or 12 (C) operational best practices, planning, 13 and supplier partnerships that enable enhanced 14 resilience of a critical supply chain during a 15 supply chain shock, including response, repair, 16 recovery, reconstruction, insurance, or con17 tinuity. 18 (10) DOMESTIC ENTERPRISE.—The term ‘‘do19 mestic enterprise’’ means an enterprise that con20 ducts business in the United States and procures a 21 critical good. 22 (11) DOMESTIC MANUFACTURER.—The term 23 ‘‘domestic manufacturer’’ means a business that 24 conducts in the United States the research and deVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 279. 279 1 velopment, engineering, or production activities nec2 essary for manufacturing a critical good. 3 (12) EMERGING TECHNOLOGY.—The term 4 ‘‘emerging technology’’ means a technology that is 5 critical for the national security or economic security 6 of the United States, including the following: 7 (A) Technologies included in the American 8 COMPETE Act (title XV of division FF of the 9 Consolidated Appropriations Act, 2021; Public 10 Law 116–260; 134 Stat. 3276). 11 (B) The following technologies: 12 (i) Artificial intelligence. 13 (ii) Automated vehicles and unmanned 14 delivery systems. 15 (iii) Blockchain and other distributed 16 ledger, data storage, data management, 17 and cybersecurity technologies. 18 (iv) Quantum computing and quan19 tum sensing. 20 (v) Additive manufacturing. 21 (vi) Advanced manufacturing and the 22 Internet of Things. 23 (vii) Nano technology. 24 (viii) Robotics. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 280. 280 1 (ix) Microelectronics, optical fiber ray, 2 and high performance and advanced com3 puter hardware and software. 4 (x) Semiconductors. 5 (xi) Advanced materials science, in6 cluding composition 2D, other next genera7 tion materials, and related manufacturing 8 technologies. 9 (13) INSTITUTION OF HIGHER EDUCATION.— 10 The term ‘‘institution of higher education’’ has the 11 meaning given that term in section 101 of the High12 er Education Act of 1965 (20 U.S.C. 1001). 13 (14) MANUFACTURE.—The term ‘‘manufac14 ture’’— 15 (A) means any activity that is necessary 16 for the development, production, processing, 17 distribution, or delivery of any raw, in process, 18 or manufactured material (including any min19 eral, metal, and advanced processed material), 20 article, commodity, supply, product, critical 21 good, or item of supply; and 22 (B) does not include software unrelated to 23 the manufacturing process. 24 (15) MANUFACTURING TECHNOLOGY.—The 25 term ‘‘manufacturing technology’’ means a techVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 281. 281 1 nology that is necessary for the manufacturing of a 2 critical good. 3 (16) PRODUCTION EQUIPMENT.—The term 4 ‘‘production equipment’’ means any component, sub5 system, system, equipment, tooling, accessory, part, 6 or assembly necessary for the manufacturing of a 7 critical good. 8 (17) RELEVANT COMMITTEES OF CONGRESS.— 9 The term ‘‘relevant committees of Congress’’ means 10 the following: 11 (A) The Committee on Commerce, Science, 12 and Transportation of the Senate. 13 (B) The Committee on Energy and Com14 merce of the House of Representatives. 15 (18) RESILIENT CRITICAL SUPPLY CHAIN.—The 16 term ‘‘resilient critical supply chain’’ means a crit17 ical supply chain that— 18 (A) ensures that the United States can 19 sustain critical industry, including emerging 20 technologies, production, critical supply chains, 21 services, and access to critical goods, production 22 equipment, and manufacturing technology dur23 ing a supply chain shock; and 24 (B) has key components of resilience that 25 include— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 282. 282 1 (i) effective private sector risk man2 agement and mitigation planning to sus3 tain critical supply chains and supplier 4 networks during a supply chain shock; and 5 (ii) minimized or managed exposure to 6 a supply chain shock. 7 (19) SECRETARY.—The term ‘‘Secretary’’ 8 means the Secretary of Commerce. 9 (20) STATE.—The term ‘‘State’’ means each of 10 the several States, the District of Columbia, each 11 commonwealth, territory, or possession of the United 12 States, and each federally recognized Indian Tribe. 13 (21) SUPPLY CHAIN SHOCK.—The term ‘‘supply 14 chain shock’’— 15 (A) means an event causing severe or seri16 ous disruption to normal operations or capacity 17 in a supply chain; and 18 (B) includes— 19 (i) a natural disaster; 20 (ii) a pandemic; 21 (iii) a biological threat; 22 (iv) a cyber attack; 23 (v) a geopolitical conflict; 24 (vi) a terrorist or geopolitical attack; 25 (vii) a trade disruption caused by— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 283. 283 1 (I) a country described in para2 graph (2)(B); or 3 (II) an entity or an individual 4 subject to the jurisdiction of such a 5 country; and 6 (viii) an event for which the President 7 declares a major disaster or an emergency 8 under section 401 or 501, respectively, of 9 the Robert T. Stafford Disaster Relief and 10 Emergency Assistance Act (42 U.S.C. 11 5170; 42 U.S.C. 5191). 12 TITLE VI—DEPLOYING 13 AMERICAN BLOCKCHAINS 14 SEC. 601. SHORT TITLE. 15 This title may be cited as the ‘‘Deploying American 16 Blockchains Act of 2024’’. 17 SEC. 602. DEFINITIONS. 18 In this title: 19 (1) ADVISORY COMMITTEE.—The term ‘‘Advi20 sory Committee’’ means the National Blockchain 21 Deployment Advisory Committee established pursu22 ant to section 603(c). 23 (2) BLOCKCHAIN TECHNOLOGY OR OTHER DIS24 TRIBUTED LEDGER TECHNOLOGY.—The term 25 ‘‘blockchain technology or other distributed ledger VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 284. 284 1 technology’’ means a distributed digital database 2 where data is— 3 (A) shared across a network of computers 4 to create a ledger of verified information among 5 network participants; 6 (B) linked using cryptography to maintain 7 the integrity of the ledger and to execute other 8 functions; and 9 (C) distributed among network partici10 pants in an automated fashion to concurrently 11 update network participants on the state of the 12 ledger and other functions. 13 (3) COVERED NONGOVERNMENTAL REPRESENT14 ATIVE.—The term ‘‘covered nongovernmental rep15 resentative’’ means a representative as specified in 16 the second sentence of section 135(b)(1) of the 17 Trade Act of 1974 (19 U.S.C. 2155(b)(1)), except 18 that such term does not include a representative of 19 a non-Federal government. 20 (4) SECRETARY.—The term ‘‘Secretary’’ means 21 the Secretary of Commerce. 22 (5) STATE.—The term ‘‘State’’ means each of 23 the several States, the District of Columbia, each 24 commonwealth, territory, or possession of the United 25 States, and each federally recognized Indian Tribe. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 285. 285 1 (6) TOKEN.—The term ‘‘token’’ means a trans2 ferable, digital representation of information re3 corded on blockchain technology or other distributed 4 ledger technology. 5 (7) TOKENIZATION.—The term ‘‘tokenization’’ 6 means the process of creating a token. 7 SEC. 603. DEPARTMENT OF COMMERCE LEADERSHIP ON 8 BLOCKCHAIN. 9 (a) FUNCTION OF SECRETARY.—The Secretary shall 10 serve as a principal advisor to the President for policy per11 taining to the deployment, use, application, and competi12 tiveness of blockchain technology or other distributed ledg13 er technology, applications built on blockchain technology 14 or other distributed ledger technology, tokens, and 15 tokenization. 16 (b) ACTIVITIES.—The Secretary shall support the 17 leadership of the United States with respect to the deploy18 ment, use, application, and competitiveness of blockchain 19 technology or other distributed ledger technology, applica20 tions built on blockchain technology or other distributed 21 ledger technology, tokens, and tokenization by organizing 22 the Advisory Committee— 23 (1) to examine and to provide recommendations 24 on issues and risks relating to the deployment, use, 25 application, and competitiveness of blockchain techVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 286. 286 1 nology or other distributed ledger technology, appli2 cations built on blockchain technology or other dis3 tributed ledger technology, tokens, and tokenization, 4 including the issues of decentralized identity, cyber5 security, key storage and security systems, artificial 6 intelligence, fraud reduction, regulatory compliance, 7 e-commerce, health care applications, and supply 8 chain resiliency; 9 (2) to support and to promote the improvement 10 and security of blockchain technology or other dis11 tributed ledger technology, applications built on 12 blockchain technology or other distributed ledger 13 technology, tokens, and tokenization; 14 (3) to help to promote the leadership of the 15 United States with respect to the deployment, use, 16 application, and competitiveness of blockchain tech17 nology or other distributed ledger technology, appli18 cations built on blockchain technology or other dis19 tributed ledger technology, tokens, and tokenization; 20 (4) to promote the national security of the 21 United States with respect to blockchain technology 22 or other distributed ledger technology, applications 23 built on blockchain technology or other distributed 24 ledger technology, tokens, and tokenization; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 287. 287 1 (5) to support engagement with the public to 2 develop a compendium of proposals for practices as 3 part of the work described in subsection (d); 4 (6) to consider policies to encourage coordina5 tion among Federal agencies with respect to the de6 ployment of blockchain technology or other distrib7 uted ledger technology, applications built on 8 blockchain technology or other distributed ledger 9 technology, tokens, and tokenization; 10 (7) to examine— 11 (A) how Federal agencies can benefit from 12 utilizing blockchain technology or other distrib13 uted ledger technology, applications built on 14 blockchain technology or other distributed ledg15 er technology, tokens, and tokenization; 16 (B) the current use by Federal agencies of 17 blockchain technology or other distributed ledg18 er technology, applications built on blockchain 19 technology or other distributed ledger tech20 nology, tokens, and tokenization; 21 (C) the current and future preparedness 22 and ability of Federal agencies to adopt 23 blockchain technology or other distributed ledg24 er technology, applications built on blockchain VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 288. 288 1 technology or other distributed ledger tech2 nology, tokens, and tokenization; and 3 (D) additional security measures Federal 4 agencies may need to take— 5 (i) to securely use blockchain tech6 nology or other distributed ledger tech7 nology, applications built on blockchain 8 technology or other distributed ledger tech9 nology, tokens, and tokenization, including 10 to support the security of critical infra11 structure; and 12 (ii) to enhance the resiliency of Fed13 eral systems against cyber threats to 14 blockchain technology or other distributed 15 ledger technology, applications built on 16 blockchain technology or other distributed 17 ledger technology, tokens, and 18 tokenization; and 19 (8) to support coordination of the activities of 20 the Federal Government relating to the security of 21 blockchain technology and other distributed ledger 22 technology, applications built on blockchain tech23 nology or other distributed ledger technology, to24 kens, and tokenization. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 289. 289 1 (c) ESTABLISHMENT OF NATIONAL BLOCKCHAIN 2 DEPLOYMENT ADVISORY COMMITTEE.— 3 (1) ESTABLISHMENT.— 4 (A) IN GENERAL.—Not later than 180 5 days after the date of the enactment of this 6 Act, the Secretary shall, in consultation with 7 the heads of relevant Federal agencies, establish 8 an advisory committee to support the adoption 9 of blockchain technology or other distributed 10 ledger technology, applications built on 11 blockchain technology or other distributed ledg12 er technology, tokens, and tokenization. 13 (B) DESIGNATION.—The advisory com14 mittee established pursuant to subparagraph 15 (A) shall be known as the ‘‘National Blockchain 16 Deployment Advisory Committee’’. 17 (2) MEMBERSHIP COMPOSITION.—The Advisory 18 Committee shall consist of members appointed by 19 the Secretary, which shall include— 20 (A) the Secretary; 21 (B) representatives of Federal agencies (as 22 determined necessary by the Secretary); and 23 (C) covered nongovernmental representa24 tives with expertise related to blockchain tech25 nology or other distributed ledger technology VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 290. 290 1 (as determined necessary by the Secretary), 2 which may include— 3 (i) blockchain technology or other dis4 tributed ledger technology infrastructure 5 operators, suppliers, service providers, and 6 vendors; 7 (ii) application developers building on 8 blockchain technology or other distributed 9 ledger technology; 10 (iii) developers and organizations sup11 porting the advancement and deployment 12 of public blockchain technology or other 13 distributed ledger technology; 14 (iv) subject matter experts rep15 resenting industrial sectors that can ben16 efit from blockchain technology or other 17 distributed ledger technology; 18 (v) small, medium, and large busi19 nesses; 20 (vi) think tanks and academia; 21 (vii) nonprofit organizations and con22 sumer groups; 23 (viii) cybersecurity experts; 24 (ix) rural stakeholders; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 291. 291 1 (x) covered nongovernmental rep2 resentatives; and 3 (xi) artists and the content creator 4 community. 5 (3) TERMINATION OF ADVISORY COMMITTEE.— 6 The Advisory Committee shall terminate on the date 7 that is 7 years after the date of the enactment of 8 this Act. 9 (d) BEST PRACTICES.—The Secretary shall, on an 10 ongoing basis, facilitate and support the development of 11 a compendium of identified or recommended guidelines or 12 best practices for the deployment of blockchain technology 13 or other distributed ledger technology, applications built 14 on blockchain technology or other distributed ledger tech15 nology, tokens, and tokenization that— 16 (1) support the deployment of technologies 17 needed to advance the capabilities of blockchain 18 technology or other distributed ledger technology, 19 applications built on blockchain technology or other 20 distributed ledger technology, tokens, and 21 tokenization; 22 (2) support the interoperability of blockchain 23 technology or other distributed ledger technology, 24 applications built on blockchain technology or other VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 292. 292 1 distributed ledger technology, tokens, and 2 tokenization; 3 (3) support operations, including hashing and 4 key storage and security systems, that form the 5 foundation of blockchain technology or other distrib6 uted ledger technology, applications built on 7 blockchain technology or other distributed ledger 8 technology, tokens, and tokenization; 9 (4) reduce cybersecurity risks that may com10 promise blockchain technology or other distributed 11 ledger technology, applications built on blockchain 12 technology or other distributed ledger technology, to13 kens, and tokenization; and 14 (5) quantify the value and potential cost sav15 ings associated with adoption of blockchain tech16 nology or other distributed ledger technology, appli17 cations built on blockchain technology or other dis18 tributed ledger technology, tokens, and tokenization, 19 including through comparative analyses of competing 20 and existing technologies within specific industry ap21 plications. 22 (e) ADDITIONAL REQUIREMENTS.—In carrying out 23 this section, the Secretary shall— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 293. 293 1 (1) consult closely and regularly with stake2 holders, including private sector individuals and enti3 ties, and incorporate industry expertise; 4 (2) collaborate with private sector stakeholders 5 to identify prioritized, flexible, repeatable, perform6 ance-based, and cost-effective approaches to the de7 ployment of blockchain technology or other distrib8 uted ledger technology, applications built on 9 blockchain technology or other distributed ledger 10 technology, tokens, and tokenization; 11 (3) make public research and information per12 taining to the use of, and marketplace for, 13 blockchain technology or other distributed ledger 14 technology, applications built on blockchain tech15 nology or other distributed ledger technology, to16 kens, and tokenization; 17 (4) develop standardized terminology for, and 18 promote common understanding of, blockchain tech19 nology or other distributed ledger technology, appli20 cations built on blockchain technology or other dis21 tributed ledger technology, tokens, and tokenization; 22 (5) align the recommendations of the compen23 dium described in subsection (d) with the goal of fa24 cilitating the ease of use of blockchain technology or 25 other distributed ledger technology, applications VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 294. 294 1 built on blockchain technology or other distributed 2 ledger technology, tokens, and tokenization; 3 (6) support open-source infrastructure, data 4 management, and authentication activities with re5 spect to blockchain technology or other distributed 6 ledger technology, applications built on blockchain 7 technology or other distributed ledger technology, to8 kens, and tokenization; and 9 (7) consider the needs and interests of both the 10 private and public sector, including small businesses 11 and Federal, State, and local governments. 12 (f) RULES OF CONSTRUCTION.—Nothing in this sec13 tion may be construed— 14 (1) to require a private entity to share informa15 tion with the Secretary; 16 (2) to require a private entity to request assist17 ance from the Secretary; 18 (3) to require a private entity to implement any 19 measure or recommendation suggested by the Sec20 retary in response to a request by the private entity; 21 or 22 (4) to require the adoption of the best practices 23 described in subsection (d). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 295. 295 1 (g) CONSULTATION.—In implementing this section, 2 the Secretary may, as appropriate, consult with the heads 3 of relevant Federal agencies. 4 SEC. 604. REPORTS TO CONGRESS. 5 (a) INTERIM REPORTS.—Not later than 2 years after 6 the date of the enactment of this Act, and annually there7 after, the Secretary shall make public on the website of 8 the Department of Commerce and submit to the Com9 mittee on Commerce, Science, and Transportation of the 10 Senate and the Committee on Energy and Commerce of 11 the House of Representatives a report that includes— 12 (1) a description of the activities of the Sec13 retary under this title during the preceding year; 14 (2) any recommendations by the Secretary for 15 additional legislation to strengthen the competitive16 ness of the United States with respect to blockchain 17 technology or other distributed ledger technology, 18 applications built on blockchain technology or other 19 distributed ledger technology, tokens, and 20 tokenization; and 21 (3) a description of any emerging risks and 22 long-term trends with respect to blockchain tech23 nology or other distributed ledger technology, appli24 cations built on blockchain technology or other dis25 tributed ledger technology, tokens, and tokenization. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 296. 296 1 (b) FINAL REPORT.—Not later than 18 months be2 fore the termination of the Advisory Committee pursuant 3 to section 603(c)(3), the Secretary shall make available 4 to the public on the website of the Department of Com5 merce and submit to the President, the Committee on 6 Commerce, Science, and Transportation of the Senate, 7 and the Committee on Energy and Commerce of the 8 House of Representatives a final report containing the 9 findings, conclusions, and recommendations of the Advi10 sory Committee. 11 TITLE VII—FUTURE NETWORKS 12 ACT 13 SEC. 801. SHORT TITLE. 14 This title may be cited as the ‘‘Future Uses of Tech15 nology Upholding Reliable and Enhanced Networks Act’’ 16 or the ‘‘FUTURE Networks Act’’. 17 SEC. 802. 6G TASK FORCE. 18 (a) ESTABLISHMENT.—Not later than 120 days after 19 the date of the enactment of this Act, the Commission 20 shall establish a task force to be known as the ‘‘6G Task 21 Force’’. 22 (b) MEMBERSHIP.— 23 (1) APPOINTMENT.—The members of the Task 24 Force shall be appointed by the Chair. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 297. 297 1 (2) COMPOSITION.—To the extent practicable, 2 the membership of the Task Force shall be com3 posed of the following: 4 (A) Representatives of companies in the 5 communications industry, except companies 6 that are determined by the Chair to be not 7 trusted. 8 (B) Representatives of public interest orga9 nizations or academic institutions, except public 10 interest organizations or academic institutions 11 that are determined by the Chair to be not 12 trusted. 13 (C) Representatives of the Federal Govern14 ment, State governments, local governments, or 15 Tribal Governments, with at least one member 16 representing each such type of government. 17 (c) REPORT.— 18 (1) IN GENERAL.—Not later than 1 year after 19 the date on which the Task Force is established 20 under subsection (a), the Task Force shall publish 21 in the Federal Register and on the website of the 22 Commission, and submit to the Committee on En23 ergy and Commerce of the House of Representatives 24 and the Committee on Commerce, Science, and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 298. 298 1 Transportation of the Senate, a report on sixth-gen2 eration wireless technology, including— 3 (A) the status of industry-led standards4 setting bodies in setting standards for such 5 technology; 6 (B) possible uses of such technology identi7 fied by industry-led standards-setting bodies 8 that are setting standards for such technology; 9 (C) any limitations of such technology (in10 cluding any supply chain or cybersecurity limi11 tations) identified by industry-led standards-set12 ting bodies that are setting standards for such 13 technology; 14 (D) workforce needs to build, maintain, 15 and utilize 6G and advanced wireless commu16 nications technologies and networks, and strate17 gies to conduct the necessary workforce train18 ing; 19 (E) possible uses of emerging technologies 20 and Open RAN networks to bolster 6G and ad21 vanced wireless networks; and 22 (F) how to best work with entities across 23 the Federal Government, State governments, 24 local governments, and Tribal Governments to VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 299. 299 1 leverage such technology, including with regard 2 to siting, deployment, and adoption. 3 (2) DRAFT REPORT; PUBLIC COMMENT.—The 4 Task Force shall— 5 (A) not later than 180 days after the date 6 on which the Task Force is established under 7 subsection (a), publish in the Federal Register 8 and on the website of the Commission a draft 9 of the report required by paragraph (1); and 10 (B) accept public comments on such draft 11 and take such comments into consideration in 12 preparing the final version of such report. 13 (d) DEFINITIONS.—In this section: 14 (1) CHAIR.—The term ‘‘Chair’’ means the 15 Chair of the Commission. 16 (2) COMMISSION.—The term ‘‘Commission’’ 17 means the Federal Communications Commission. 18 (3) NOT TRUSTED.— 19 (A) IN GENERAL.—The term ‘‘not trusted’’ 20 means, with respect to an entity, that— 21 (i) the Chair has made a public deter22 mination that such entity is owned by, con23 trolled by, or subject to the influence of a 24 foreign adversary; or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 300. 300 1 (ii) the Chair otherwise determines 2 that such entity poses a threat to the na3 tional security of the United States. 4 (B) CRITERIA FOR DETERMINATION.—In 5 making a determination under subparagraph 6 (A)(ii), the Chair shall use the criteria de7 scribed in paragraphs (1) through (4) of section 8 2(c) of the Secure and Trusted Communica9 tions Networks Act of 2019 (47 U.S.C. 10 1601(c)), as appropriate. 11 (4) STATE.—The term ‘‘State’’ has the mean12 ing given such term in section 3 of the Communica13 tions Act of 1934 (47 U.S.C. 153). 14 (5) TASK FORCE.—The term ‘‘Task Force’’ 15 means the 6G Task Force established under sub16 section (a). 17 SEC. 803. TERMINATION OF TASK FORCE. 18 The Task Force shall be terminated 30 days after 19 the date on which the Task Force submits the report re20 quired under section 2(c) of this Act. 21 TITLE VIII—SECURE SPACE ACT 22 OF 2024 23 SEC. 901. SHORT TITLE. 24 This title may be cited as the ‘‘Secure Space Act of 25 2024’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 301. 301 1 SEC. 902. PROHIBITION ON GRANT OF CERTAIN SATELLITE 2 LICENSES, UNITED STATES MARKET ACCESS, 3 OR EARTH STATION AUTHORIZATIONS. 4 (a) IN GENERAL.—The Secure and Trusted Commu5 nications Networks Act of 2019 (47 U.S.C. 1601 et seq.) 6 is amended— 7 (1) by redesignating sections 10 and 11 as sec8 tions 11 and 12, respectively; and 9 (2) by inserting after section 9 the following: 10 ‘‘SEC. 10. PROHIBITION ON GRANT OF CERTAIN SATELLITE 11 LICENSES, UNITED STATES MARKET ACCESS, 12 OR EARTH STATION AUTHORIZATIONS. 13 ‘‘(a) IN GENERAL.—The Commission may not grant 14 a license for, or a petition for a declaratory ruling to ac15 cess the United States market using, a geostationary orbit 16 satellite system or a nongeostationary orbit satellite sys17 tem, or an authorization to use an individually licensed 18 earth station or a blanket-licensed earth station, if such 19 license, grant of market access, or authorization would be 20 held or controlled by— 21 ‘‘(1) an entity that produces or provides any 22 covered communications equipment or service; or 23 ‘‘(2) an affiliate (as defined in section 3 of the 24 Communications Act of 1934 (47 U.S.C. 153)) of an 25 entity described in paragraph (1). 26 ‘‘(b) DEFINITIONS.—In this section: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 302. 302 1 ‘‘(1) BLANKET-LICENSED EARTH STATION.— 2 The term ‘blanket-licensed earth station’ means an 3 earth station that is licensed with a geostationary 4 orbit satellite system or a nongeostationary orbit 5 satellite system. 6 ‘‘(2) GATEWAY STATION.—The term ‘gateway 7 station’ means an earth station or a group of earth 8 stations that— 9 ‘‘(A) supports the routing and switching 10 functions of a geostationary orbit satellite sys11 tem or a nongeostationary orbit satellite sys12 tem; 13 ‘‘(B) may also be used for telemetry, track14 ing, and command transmissions; 15 ‘‘(C) does not originate or terminate com16 munication traffic; and 17 ‘‘(D) is not for the exclusive use of any 18 customer. 19 ‘‘(3) INDIVIDUALLY LICENSED EARTH STA20 TION.—The term ‘individually licensed earth station’ 21 means— 22 ‘‘(A) an earth station (other than a blan23 ket-licensed earth station) that sends a signal 24 to, and receives a signal from, a geostationary VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 303. 303 1 orbit satellite system or a nongeostationary 2 orbit satellite system; or 3 ‘‘(B) a gateway station.’’. 4 (b) APPLICABILITY.—Section 10 of the Secure and 5 Trusted Communications Networks Act of 2019, as added 6 by subsection (a), shall apply with respect to the grant 7 of a license, petition, or authorization on or after the date 8 of the enactment of this Act. 9 (c) RULES.—Not later than 1 year after the date of 10 the enactment of this Act, the Federal Communications 11 Commission shall issue rules to implement section 10 of 12 the Secure and Trusted Communications Networks Act of 13 2019, as added by subsection (a). 14 TITLE IX—TAKE IT DOWN ACT 15 SEC. 1001. SHORT TITLE. 16 This title may be cited as the ‘‘Tools to Address 17 Known Exploitation by Immobilizing Technological 18 Deepfakes on Websites and Networks Act’’ or the ‘‘TAKE 19 IT DOWN Act’’. 20 SEC. 1002. CRIMINAL PROHIBITION ON INTENTIONAL DIS21 CLOSURE OF NONCONSENSUAL INTIMATE 22 VISUAL DEPICTIONS. 23 (a) IN GENERAL.—Section 223 of the Communica24 tions Act of 1934 (47 U.S.C. 223) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 304. 304 1 (1) by redesignating subsection (h) as sub2 section (i); and 3 (2) by inserting after subsection (g) the fol4 lowing: 5 ‘‘(h) INTENTIONAL DISCLOSURE OF NONCONSEN6 SUAL INTIMATE VISUAL DEPICTIONS.— 7 ‘‘(1) DEFINITIONS.—In this subsection: 8 ‘‘(A) CONSENT.—The term ‘consent’ 9 means an affirmative, conscious, and voluntary 10 authorization made by an individual free from 11 force, fraud, duress, misrepresentation, or coer12 cion. 13 ‘‘(B) DIGITAL FORGERY.—The term ‘dig14 ital forgery’ means any intimate visual depic15 tion of an identifiable individual created 16 through the use of software, machine learning, 17 artificial intelligence, or any other computer18 generated or technological means, including by 19 adapting, modifying, manipulating, or altering 20 an authentic visual depiction, that, when viewed 21 as a whole by a reasonable person, is indistin22 guishable from an authentic visual depiction of 23 the individual. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 305. 305 1 ‘‘(C) IDENTIFIABLE INDIVIDUAL.—The 2 term ‘identifiable individual’ means an indi3 vidual— 4 ‘‘(i) who appears in whole or in part 5 in an intimate visual depiction; and 6 ‘‘(ii) whose face, likeness, or other dis7 tinguishing characteristic (including a 8 unique birthmark or other recognizable 9 feature) is displayed in connection with 10 such intimate visual depiction. 11 ‘‘(D) INTERACTIVE COMPUTER SERVICE.— 12 The term ‘interactive computer service’ has the 13 meaning given the term in section 230. 14 ‘‘(E) INTIMATE VISUAL DEPICTION.—The 15 term ‘intimate visual depiction’ has the mean16 ing given such term in section 1309 of the Con17 solidated Appropriations Act, 2022 (15 U.S.C. 18 6851). 19 ‘‘(F) MINOR.—The term ‘minor’ means 20 any individual under the age of 18 years. 21 ‘‘(2) OFFENSE INVOLVING AUTHENTIC INTI22 MATE VISUAL DEPICTIONS.— 23 ‘‘(A) INVOLVING ADULTS.—Except as pro24 vided in subparagraph (C), it shall be unlawful 25 for any person, in interstate or foreign comVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 306. 306 1 merce, to use an interactive computer service to 2 knowingly publish an intimate visual depiction 3 of an identifiable individual who is not a minor 4 if— 5 ‘‘(i) the intimate visual depiction was 6 obtained or created under circumstances in 7 which the person knew or reasonably 8 should have known the identifiable indi9 vidual had a reasonable expectation of pri10 vacy; 11 ‘‘(ii) what is depicted was not volun12 tarily exposed by the identifiable individual 13 in a public or commercial setting; 14 ‘‘(iii) what is depicted is not a matter 15 of public concern; and 16 ‘‘(iv) publication of the intimate visual 17 depiction— 18 ‘‘(I) is intended to cause harm; 19 or 20 ‘‘(II) causes harm, including psy21 chological, financial, or reputational 22 harm, to the identifiable individual. 23 ‘‘(B) INVOLVING MINORS.—Except as pro24 vided in subparagraph (C), it shall be unlawful 25 for any person, in interstate or foreign comVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 307. 307 1 merce, to use an interactive computer service to 2 knowingly publish an intimate visual depiction 3 of an identifiable individual who is a minor with 4 intent to— 5 ‘‘(i) abuse, humiliate, harass, or de6 grade the minor; or 7 ‘‘(ii) arouse or gratify the sexual de8 sire of any person. 9 ‘‘(C) EXCEPTIONS.—Subparagraphs (A) 10 and (B) shall not apply to— 11 ‘‘(i) a lawfully authorized investiga12 tive, protective, or intelligence activity of— 13 ‘‘(I) a law enforcement agency of 14 the United States, a State, or a polit15 ical subdivision of a State; or 16 ‘‘(II) an intelligence agency of 17 the United States; 18 ‘‘(ii) a disclosure made reasonably and 19 in good faith— 20 ‘‘(I) to a law enforcement officer 21 or agency; 22 ‘‘(II) as part of a document pro23 duction or filing associated with a 24 legal proceeding; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 308. 308 1 ‘‘(III) as part of medical edu2 cation, diagnosis, or treatment or for 3 a legitimate medical, scientific, or 4 education purpose; 5 ‘‘(IV) in the reporting of unlaw6 ful content or unsolicited or unwel7 come conduct or in pursuance of a 8 legal, professional, or other lawful ob9 ligation; or 10 ‘‘(V) to seek support or help with 11 respect to the receipt of an unsolicited 12 intimate visual depiction; 13 ‘‘(iii) a disclosure reasonably intended 14 to assist the identifiable individual; or 15 ‘‘(iv) a person who possesses or pub16 lishes an intimate visual depiction of him17 self or herself engaged in nudity or sexu18 ally explicit conduct (as that term is de19 fined in section 2256(2)(A) of title 18, 20 United States Code). 21 ‘‘(3) OFFENSE INVOLVING DIGITAL FOR22 GERIES.— 23 ‘‘(A) INVOLVING ADULTS.—Except as pro24 vided in subparagraph (C), it shall be unlawful 25 for any person, in interstate or foreign comVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 309. 309 1 merce, to use an interactive computer service to 2 knowingly publish a digital forgery of an identi3 fiable individual who is not a minor if— 4 ‘‘(i) the digital forgery was published 5 without the consent of the identifiable indi6 vidual; 7 ‘‘(ii) what is depicted was not volun8 tarily exposed by the identifiable individual 9 in a public or commercial setting; 10 ‘‘(iii) what is depicted is not a matter 11 of public concern; and 12 ‘‘(iv) publication of the digital for13 gery— 14 ‘‘(I) is intended to cause harm; 15 or 16 ‘‘(II) causes harm, including psy17 chological, financial, or reputational 18 harm, to the identifiable individual. 19 ‘‘(B) INVOLVING MINORS.—Except as pro20 vided in subparagraph (C), it shall be unlawful 21 for any person, in interstate or foreign com22 merce, to use an interactive computer service to 23 knowingly publish a digital forgery of an identi24 fiable individual who is a minor with intent 25 to— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 310. 310 1 ‘‘(i) abuse, humiliate, harass, or de2 grade the minor; or 3 ‘‘(ii) arouse or gratify the sexual de4 sire of any person. 5 ‘‘(C) EXCEPTIONS.—Subparagraphs (A) 6 and (B) shall not apply to— 7 ‘‘(i) a lawfully authorized investiga8 tive, protective, or intelligence activity of— 9 ‘‘(I) a law enforcement agency of 10 the United States, a State, or a polit11 ical subdivision of a State; or 12 ‘‘(II) an intelligence agency of 13 the United States; 14 ‘‘(ii) a disclosure made reasonably and 15 in good faith— 16 ‘‘(I) to a law enforcement officer 17 or agency; 18 ‘‘(II) as part of a document pro19 duction or filing associated with a 20 legal proceeding; 21 ‘‘(III) as part of medical edu22 cation, diagnosis, or treatment or for 23 a legitimate medical, scientific, or 24 education purpose; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 311. 311 1 ‘‘(IV) in the reporting of unlaw2 ful content or unsolicited or unwel3 come conduct or in pursuance of a 4 legal, professional, or other lawful ob5 ligation; or 6 ‘‘(V) to seek support or help with 7 respect to the receipt of an unsolicited 8 intimate visual depiction; 9 ‘‘(iii) a disclosure reasonably intended 10 to assist the identifiable individual; or 11 ‘‘(iv) a person who possesses or pub12 lishes a digital forgery of himself or herself 13 engaged in nudity or sexually explicit con14 duct (as that term is defined in section 15 2256(2)(A) of title 18, United States 16 Code). 17 ‘‘(4) PENALTIES.— 18 ‘‘(A) OFFENSES INVOLVING ADULTS.—Any 19 person who violates paragraph (2)(A) or (3)(A) 20 shall be fined under title 18, United States 21 Code, imprisoned not more than 2 years, or 22 both. 23 ‘‘(B) OFFENSES INVOLVING MINORS.—Any 24 person who violates paragraph (2)(B) or (3)(B) 25 shall be fined under title 18, United States VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 312. 312 1 Code, imprisoned not more than 3 years, or 2 both. 3 ‘‘(5) RULES OF CONSTRUCTION.—For purposes 4 of paragraphs (2) and (3)— 5 ‘‘(A) the fact that the identifiable indi6 vidual provided consent for the creation of the 7 intimate visual depiction shall not establish that 8 the individual provided consent for the publica9 tion of the intimate visual depiction; and 10 ‘‘(B) the fact that the identifiable indi11 vidual disclosed the intimate visual depiction to 12 another individual shall not establish that the 13 identifiable individual provided consent for the 14 publication of the intimate visual depiction by 15 the person alleged to have violated paragraph 16 (2) or (3), respectively. 17 ‘‘(6) THREATS.— 18 ‘‘(A) THREATS INVOLVING AUTHENTIC IN19 TIMATE VISUAL DEPICTIONS.—Any person who 20 intentionally threatens to commit an offense 21 under paragraph (2) for the purpose of intimi22 dation, coercion, extortion, or to create mental 23 distress shall be punished as provided in para24 graph (4). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 313. 313 1 ‘‘(B) THREATS INVOLVING DIGITAL FOR2 GERIES.— 3 ‘‘(i) THREATS INVOLVING ADULTS.— 4 Any person who intentionally threatens to 5 commit an offense under paragraph (3)(A) 6 for the purpose of intimidation, coercion, 7 extortion, or to create mental distress shall 8 be fined under title 18, United States 9 Code, imprisoned not more than 18 10 months, or both. 11 ‘‘(ii) THREATS INVOLVING MINORS.— 12 Any person who intentionally threatens to 13 commit an offense under paragraph (3)(B) 14 for the purpose of intimidation, coercion, 15 extortion, or to create mental distress shall 16 be fined under title 18, United States 17 Code, imprisoned not more than 30 18 months, or both. 19 ‘‘(7) FORFEITURE.— 20 ‘‘(A) IN GENERAL.—The court, in impos21 ing a sentence on any person convicted of a vio22 lation of paragraph (2) or (3), shall order, in 23 addition to any other sentence imposed and ir24 respective of any provision of State law, that 25 the person forfeit to the United States— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 314. 314 1 ‘‘(i) any material distributed in viola2 tion of that paragraph; 3 ‘‘(ii) the person’s interest in property, 4 real or personal, constituting or derived 5 from any gross proceeds of the violation, or 6 any property traceable to such property, 7 obtained or retained directly or indirectly 8 as a result of the violation; and 9 ‘‘(iii) any personal property of the 10 person used, or intended to be used, in any 11 manner or part, to commit or to facilitate 12 the commission of the violation. 13 ‘‘(B) PROCEDURES.—Section 413 of the 14 Controlled Substances Act (21 U.S.C. 853), 15 with the exception of subsections (a) and (d), 16 shall apply to the criminal forfeiture of property 17 under subparagraph (A). 18 ‘‘(8) RESTITUTION.—The court shall order res19 titution for an offense under paragraph (2) or (3) in 20 the same manner as under section 2264 of title 18, 21 United States Code. 22 ‘‘(9) RULE OF CONSTRUCTION.—Nothing in 23 this subsection shall be construed to limit the appli24 cation of any other relevant law, including section 25 2252 of title 18, United States Code.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 315. 315 1 (b) DEFENSES.—Section 223(e)(1) of the Commu2 nications Act of 1934 (47 U.S.C. 223(e)(1)) is amended 3 by striking ‘‘or (d)’’ and inserting ‘‘, (d), or (h)’’. 4 (c) TECHNICAL AND CONFORMING AMENDMENT.— 5 Subsection (i) of section 223 of the Communications Act 6 of 1934 (47 U.S.C. 223), as so redesignated by subsection 7 (a), is amended by inserting ‘‘DEFINITIONS.—’’ before 8 ‘‘For purposes of this section’’. 9 SEC. 1003. NOTICE AND REMOVAL OF NONCONSENSUAL IN10 TIMATE VISUAL DEPICTIONS. 11 (a) IN GENERAL.— 12 (1) NOTICE AND REMOVAL PROCESS.— 13 (A) ESTABLISHMENT.—Not later than 1 14 year after the date of enactment of this Act, a 15 covered platform shall establish a process 16 whereby an identifiable individual (or an au17 thorized person acting on behalf of such indi18 vidual) may— 19 (i) notify the covered platform of an 20 intimate visual depiction published on the 21 covered platform that— 22 (I) includes a depiction of the 23 identifiable individual; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 316. 316 1 (II) was published without the 2 consent of the identifiable individual; 3 and 4 (ii) submit a request for the covered 5 platform to remove such intimate visual 6 depiction. 7 (B) REQUIREMENTS.—A notification and 8 request for removal of an intimate visual depic9 tion submitted under the process established 10 under subparagraph (A) shall include, in writ11 ing— 12 (i) a physical or electronic signature 13 of the identifiable individual (or an author14 ized person acting on behalf of such indi15 vidual); 16 (ii) an identification of, and informa17 tion reasonably sufficient for the covered 18 platform to locate, the intimate visual de19 piction of the identifiable individual; 20 (iii) a brief statement that the identi21 fiable individual has a good faith belief 22 that any intimate visual depiction identi23 fied under clause (ii) is not consensual, in24 cluding any relevant information for the 25 covered platform to determine the intimate VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 317. 317 1 visual depiction was published without the 2 consent of the identifiable individual; and 3 (iv) information sufficient to enable 4 the covered platform to contact the identi5 fiable individual (or an authorized person 6 acting on behalf of such individual). 7 (2) NOTICE OF PROCESS.—A covered platform 8 shall provide on the platform a clear and con9 spicuous notice, which may be provided through a 10 clear and conspicuous link to another web page or 11 disclosure, of the notice and removal process estab12 lished under paragraph (1)(A) that— 13 (A) is easy to read and in plain language; 14 and 15 (B) provides information regarding the re16 sponsibilities of the covered platform under this 17 section, including a description of how an indi18 vidual can submit a notification and request for 19 removal. 20 (3) REMOVAL OF NONCONSENSUAL INTIMATE 21 VISUAL DEPICTIONS.—Upon receiving a valid re22 moval request from an identifiable individual (or an 23 authorized person acting on behalf of such indi24 vidual) using the process described in paragraph 25 (1)(A)(ii), a covered platform shall, as soon as posVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 318. 318 1 sible, but not later than 48 hours after receiving 2 such request— 3 (A) remove the intimate visual depiction; 4 and 5 (B) make reasonable efforts to identify and 6 remove any known identical copies of such de7 piction. 8 (4) LIMITATION ON LIABILITY.—A covered plat9 form shall not be liable for any claim based on the 10 covered platform’s good faith disabling of access to, 11 or removal of, material claimed to be a nonconsen12 sual intimate visual depiction based on facts or cir13 cumstances from which the unlawful publishing of 14 an intimate visual depiction is apparent, regardless 15 of whether the intimate visual depiction is ultimately 16 determined to be unlawful or not. 17 (b) ENFORCEMENT BY THE COMMISSION.— 18 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC19 TICES.—A failure to reasonably comply with the no20 tice and takedown obligations under subsection (a) 21 shall be treated as a violation of a rule defining an 22 unfair or a deceptive act or practice under section 23 18(a)(1)(B) of the Federal Trade Commission Act 24 (15 U.S.C. 57a(a)(1)(B)). 25 (2) POWERS OF THE COMMISSION.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 319. 319 1 (A) IN GENERAL.—Except as provided in 2 subparagraph (D), the Commission shall en3 force this section in the same manner, by the 4 same means, and with the same jurisdiction, 5 powers, and duties as though all applicable 6 terms and provisions of the Federal Trade 7 Commission Act (15 U.S.C. 41 et seq.) were in8 corporated into and made a part of this section. 9 (B) PRIVILEGES AND IMMUNITIES.—Any 10 person who violates this section shall be subject 11 to the penalties and entitled to the privileges 12 and immunities provided in the Federal Trade 13 Commission Act (15 U.S.C. 41 et seq.). 14 (C) AUTHORITY PRESERVED.—Nothing in 15 this title shall be construed to limit the author16 ity of the Federal Trade Commission under any 17 other provision of law. 18 (D) SCOPE OF JURISDICTION.—Notwith19 standing sections 4, 5(a)(2), or 6 of the Federal 20 Trade Commission Act (15 U.S.C. 44, 45(a)(2), 21 46), or any jurisdictional limitation of the Com22 mission, the Commission shall also enforce this 23 section in the same manner provided in sub24 paragraph (A), with respect to organizations VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 320. 320 1 that are not organized to carry on business for 2 their own profit or that of their members. 3 SEC. 1004. DEFINITIONS. 4 In this title: 5 (1) COMMISSION.—The term ‘‘Commission’’ 6 means the Federal Trade Commission. 7 (2) CONSENT; DIGITAL FORGERY; IDENTIFI8 ABLE INDIVIDUAL; INTIMATE VISUAL DEPICTION.— 9 The terms ‘‘consent’’, ‘‘digital forgery’’, ‘‘identifiable 10 individual’’, ‘‘intimate visual depiction’’, and 11 ‘‘minor’’ have the meaning given such terms in sec12 tion 223(h) of the Communications Act of 1934 (47 13 U.S.C. 223), as added by section 1002. 14 (3) COVERED PLATFORM.— 15 (A) IN GENERAL.—The term ‘‘covered 16 platform’’ means a website, online service, on17 line application, or mobile application— 18 (i) that serves the public; and 19 (ii)(I) that primarily provides a forum 20 for user-generated content, including mes21 sages, videos, images, games, and audio 22 files; or 23 (II) for which it is in the regular 24 course of trade or business of the website, 25 online service, online application, or mobile VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 321. 321 1 application to publish, curate, host, or 2 make available content of nonconsensual 3 intimate visual depictions. 4 (B) EXCLUSIONS.—The term ‘‘covered 5 platform’’ shall not include the following: 6 (i) A provider of broadband internet 7 access service (as described in section 8 8.1(b) of title 47, Code of Federal Regula9 tions, or successor regulation). 10 (ii) Electronic mail. 11 (iii) Except as provided in subpara12 graph (A)(ii)(II), an online service, appli13 cation, or website— 14 (I) that consists primarily of con15 tent that is not user generated but is 16 preselected by the provider of such on17 line service, application, or website; 18 and 19 (II) for which any chat, com20 ment, or interactive functionality is 21 incidental to, directly related to, or 22 dependent on the provision of the con23 tent described in subclause (I). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 322. 322 1 SEC. 1005. SEVERABILITY. 2 If any provision of this title, or an amendment made 3 by this title, is determined to be unenforceable or invalid, 4 the remaining provisions of this title and the amendments 5 made by this title shall not be affected. 6 TITLE X—RURAL BROADBAND 7 PROTECTION ACT OF 2024 8 SEC. 1101. SHORT TITLE. 9 This title may be cited as the ‘‘Rural Broadband Pro10 tection Act of 2024’’. 11 SEC. 1102. VETTING PROCESS FOR PROSPECTIVE HIGH12 COST UNIVERSAL SERVICE FUND APPLI13 CANTS. 14 Section 254 of the Communications Act of 1934 (47 15 U.S.C. 254) is amended by adding at the end the fol16 lowing: 17 ‘‘(m) VETTING OF HIGH-COST FUND RECIPIENTS.— 18 ‘‘(1) DEFINITIONS.—In this subsection— 19 ‘‘(A) the term ‘covered funding’ means any 20 new offer of high-cost universal service program 21 funding, including funding provided through a 22 reverse competitive bidding mechanism provided 23 under this section, for the deployment of a 24 broadband-capable network and the provision of 25 supported services over the network; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 323. 323 1 ‘‘(B) the term ‘new covered funding award’ 2 means an award of covered funding that is 3 made based on an application submitted to the 4 Commission on or after the date on which rules 5 are promulgated under paragraph (2). 6 ‘‘(2) COMMISSION RULEMAKING.—Not later 7 than 180 days after the date of enactment of this 8 subsection, the Commission shall initiate a rule9 making proceeding to establish a vetting process for 10 applicants for, and other recipients of, a new covered 11 funding award. 12 ‘‘(3) CONTENTS.— 13 ‘‘(A) IN GENERAL.—In promulgating rules 14 under paragraph (2), the Commission shall pro15 vide that, consistent with principles of tech16 nology neutrality, the Commission will only 17 award covered funding to applicants that can 18 demonstrate that they meet the qualifications in 19 subparagraph (B). 20 ‘‘(B) QUALIFICATIONS DESCRIBED.—An 21 applicant for a new covered funding award shall 22 include in the initial application a proposal con23 taining sufficient detail and documentation for 24 the Commission to ascertain that the applicant 25 possesses the technical, financial, and operVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 324. 324 1 ational capabilities, and has a reasonable busi2 ness plan, to deploy the proposed network and 3 deliver services with the relevant performance 4 characteristics and requirements defined by the 5 Commission and as pledged by the applicant. 6 ‘‘(C) EVALUATION OF PROPOSAL.—The 7 Commission shall evaluate a proposal described 8 in subparagraph (B) against— 9 ‘‘(i) reasonable and well-established 10 technical, financial, and operational stand11 ards, including the technical standards 12 adopted by the Commission in orders of 13 the Commission relating to Establishing 14 the Digital Opportunity Data Collection 15 (WC Docket No. 19–195) (or orders of the 16 Commission relating to modernizing any 17 successor collection) for purposes of enti18 ties that must report broadband avail19 ability coverage; and 20 ‘‘(ii) the applicant’s history of com21 plying with requirements in Commission 22 and other government broadband deploy23 ment funding programs. 24 ‘‘(D) PENALTIES FOR PRE-AUTHORIZATION 25 DEFAULTS.—In adopting rules for any new covVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00324 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 325. 325 1 ered funding award, the Commission shall set a 2 penalty for pre-authorization defaults of at least 3 $9,000 per violation and may not limit the base 4 forfeiture to an amount less than 30 percent of 5 the applicant’s total support, unless the Com6 mission demonstrates the need for lower pen7 alties in a particular instance.’’. 8 TITLE XI—AMERICAN MUSIC 9 TOURISM 10 SEC. 1201. SHORT TITLE. 11 This title may be cited as the ‘‘American Music Tour12 ism Act of 2024’’. 13 SEC. 1202. RESPONSIBILITIES OF THE ASSISTANT SEC14 RETARY OF COMMERCE FOR TRAVEL AND 15 TOURISM. 16 (a) DOMESTIC TRAVEL AND TOURISM.—Section 17 605(b) of the Visit America Act (15 U.S.C. 9803(b)) is 18 amended— 19 (1) in paragraph (2), by striking ‘‘; and’’ and 20 inserting a semicolon; 21 (2) in paragraph (3), by striking the period at 22 the end and inserting ‘‘; and’’; and 23 (3) by adding at the end the following: 24 ‘‘(4) identify locations and events in the United 25 States that are important to music tourism and faVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 326. 326 1 cilitate and promote domestic travel and tourism to 2 those locations and events.’’. 3 (b) FACILITATION OF INTERNATIONAL BUSINESS 4 AND LEISURE TRAVEL.—Section 605 of the Visit America 5 Act (15 U.S.C. 9803) is amended by striking subsection 6 (d) and inserting the following: 7 ‘‘(d) FACILITATION OF INTERNATIONAL BUSINESS 8 AND LEISURE TRAVEL.—The Assistant Secretary, in co9 ordination with relevant Federal agencies, shall strive to 10 increase and facilitate international business and leisure 11 travel to the United States and ensure competitiveness 12 by— 13 ‘‘(1) facilitating large meetings, incentives, con14 ferences, and exhibitions in the United States; 15 ‘‘(2) emphasizing rural and other destinations 16 in the United States that are rich in cultural herit17 age or ecological tourism, among other uniquely 18 American destinations, as locations for hosting inter19 national meetings, incentives, conferences, and exhi20 bitions; 21 ‘‘(3) facilitating and promoting international 22 travel and tourism to sports and recreation events 23 and activities in the United States; and 24 ‘‘(4) identifying locations and events in the 25 United States that are important to music tourism VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 327. 327 1 and facilitating and promoting international travel 2 and tourism to those locations and events.’’. 3 (c) REPORTING REQUIREMENTS.—Section 605(f) of 4 the Visit America Act (15 U.S.C. 9803(f)) is amended by 5 adding at the end the following: 6 ‘‘(4) REPORT ON GOALS RELATING TO DOMES7 TIC AND INTERNATIONAL TRAVEL.—Not later than 8 1 year after the date of enactment of the American 9 Music Tourism Act of 2024, and every 2 years 10 thereafter, the Assistant Secretary shall submit to 11 the Subcommittee on Tourism, Trade, and Export 12 Promotion of the Committee on Commerce, Science, 13 and Transportation of the Senate and the Sub14 committee on Innovation, Data, and Commerce of 15 the Committee on Energy and Commerce of the 16 House of Representatives a report of activities, find17 ings, achievements, and vulnerabilities relating to 18 the goals described in subsections (a) through (d).’’. 19 (d) DEFINITION.—Section 600 of title VI of division 20 BB of the Consolidated Appropriations Act, 2023 (15 21 U.S.C. 9801) is amended— 22 (1) by redesignating paragraphs (1) and (2) as 23 subparagraphs (A) and (B), respectively, and adjust24 ing the margins accordingly; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 328. 328 1 (2) by striking ‘‘In this title, the term ‘COVID2 19 public health emergency’—’’ and inserting the 3 following: 4 ‘‘In this title: 5 ‘‘(1) COVID-19 PUBLIC HEALTH EMER6 GENCY.—The term ‘COVID-19 public health emer7 gency’—’’; and 8 (3) by adding at the end the following: 9 ‘‘(2) MUSIC TOURISM.—The term ‘music tour10 ism’ means— 11 ‘‘(A) the act of traveling to a State or lo12 cality to visit historic or modern day music-re13 lated attractions, including museums, studios, 14 venues of all sizes, and other sites related to 15 music; or 16 ‘‘(B) the act of traveling to a State or lo17 cality to attend a music festival, a concert, or 18 other live musical performance or music-related 19 special event.’’. 20 TITLE XII—INFORMING CON21 SUMERS ABOUT SMART DE22 VICES 23 SEC. 1301. SHORT TITLE. 24 This title may be cited as the ‘‘Informing Consumers 25 about Smart Devices Act’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 329. 329 1 SEC. 1302. REQUIRED DISCLOSURE OF A CAMERA OR RE2 CORDING CAPABILITY IN CERTAIN INTER3 NET-CONNECTED DEVICES. 4 Each manufacturer of a covered device shall disclose, 5 clearly and conspicuously and prior to purchase, whether 6 the covered device manufactured by the manufacturer con7 tains a camera or microphone as a component of the cov8 ered device. 9 SEC. 1303. ENFORCEMENT BY THE FEDERAL TRADE COM10 MISSION. 11 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 12 A violation of section 1302 shall be treated as a violation 13 of a rule defining an unfair or deceptive act or practice 14 prescribed under section 18(a)(1)(B) of the Federal Trade 15 Commission Act (15 U.S.C. 57a(a)(1)(B)). 16 (b) ACTIONS BY THE COMMISSION.— 17 (1) IN GENERAL.—The Federal Trade Commis18 sion (in this title referred to as the ‘‘Commission’’) 19 shall enforce this title in the same manner, by the 20 same means, and with the same jurisdiction, powers, 21 and duties as though all applicable terms and provi22 sions of the Federal Trade Commission Act (15 23 U.S.C. 41 et seq.) were incorporated into and made 24 a part of this title. 25 (2) PENALTIES AND PRIVILEGES.—Any person 26 who violates this title or a regulation promulgated VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 330. 330 1 under this title shall be subject to the penalties and 2 entitled to the privileges and immunities provided in 3 the Federal Trade Commission Act (15 U.S.C. 41 et 4 seq.). 5 (3) SAVINGS CLAUSE.—Nothing in this title 6 shall be construed to limit the authority of the Com7 mission under any other provision of law. 8 (c) COMMISSION GUIDANCE.—Not later than 180 9 days after the date of enactment of this title, the Commis10 sion, through outreach to relevant private entities, shall 11 issue guidance to assist manufacturers in complying with 12 the requirements of this title, including guidance about 13 best practices for making the disclosure required by sec14 tion 1302 as clear and conspicuous and age appropriate 15 as practicable and about best practices for the use of a 16 pictorial (as defined in section 2(a) of the Consumer Re17 view Fairness Act of 2016 (15 U.S.C. 45b(a))) visual rep18 resentation of the information to be disclosed. 19 (d) TAILORED GUIDANCE.—A manufacturer of a cov20 ered device may petition the Commission for tailored guid21 ance as to how to meet the requirements of section 1302 22 consistent with existing rules of practice or any successor 23 rules. 24 (e) LIMITATION ON COMMISSION GUIDANCE.—No 25 guidance issued by the Commission with respect to this VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 331. 331 1 title shall confer any rights on any person, State, or local2 ity, nor shall operate to bind the Commission or any per3 son to the approach recommended in such guidance. In 4 any enforcement action brought pursuant to this title, the 5 Commission shall allege a specific violation of a provision 6 of this title. The Commission may not base an enforce7 ment action on, or execute a consent order based on, prac8 tices that are alleged to be inconsistent with any such 9 guidelines, unless the practices allegedly violate section 10 1302. 11 SEC. 1304. DEFINITION OF COVERED DEVICE. 12 As used in this title, the term ‘‘covered device’’— 13 (1) means a consumer product, as defined by 14 section 3(a) of the Consumer Product Safety Act 15 (15 U.S.C. 2052(a)) that is capable of connecting to 16 the internet, a component of which is a camera or 17 microphone; and 18 (2) does not include— 19 (A) a telephone (including a mobile phone), 20 a laptop, tablet, or any device that a consumer 21 would reasonably expect to have a microphone 22 or camera; 23 (B) any device that is specifically marketed 24 as a camera, telecommunications device, or 25 microphone; or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 332. 332 1 (C) any device or apparatus described in 2 sections 255, 716, and 718, and subsections 3 (aa) and (bb) of section 303 of the Communica4 tions Act of 1934 (47 U.S.C. 255; 617; 619; 5 and 303(aa) and (bb)), and any regulations 6 promulgated thereunder. 7 SEC. 1305. EFFECTIVE DATE. 8 This title shall apply to all covered devices manufac9 tured after the date that is 180 days after the date on 10 which guidance is issued by the Commission under section 11 1303(c), and shall not apply to covered devices manufac12 tured or sold before such date, or otherwise introduced 13 into interstate commerce before such date. 14 TITLE XIII—SECURING SEMI15 CONDUCTOR SUPPLY CHAINS 16 ACT OF 2024 17 SEC. 1401. SHORT TITLE. 18 This title may be cited as the ‘‘Securing Semicon19 ductor Supply Chains Act of 2024’’. 20 SEC. 1402. SELECTUSA DEFINED. 21 In this title, the term ‘‘SelectUSA’’ means the 22 SelectUSA program of the Department of Commerce es23 tablished by Executive Order 13577 (76 Fed. Reg. 24 35,715). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 333. 333 1 SEC. 1403. FINDINGS. 2 Congress makes the following findings: 3 (1) Semiconductors underpin the United States 4 and global economies, including manufacturing sec5 tors. Semiconductors are also essential to the na6 tional security of the United States. 7 (2) A shortage of semiconductors, brought 8 about by the COVID–19 pandemic and other com9 plex factors impacting the overall supply chain, has 10 threatened the economic recovery of the United 11 States and industries that employ millions of United 12 States citizens. 13 (3) Addressing current challenges and building 14 resilience against future risks requires ensuring a se15 cure and stable supply chain for semiconductors that 16 will support the economic and national security 17 needs of the United States and its allies. 18 (4) The supply chain for semiconductors is 19 complex and global. While the United States plays 20 a leading role in certain segments of the semicon21 ductor industry, securing the supply chain requires 22 onshoring, reshoring, or diversifying vulnerable seg23 ments, such as for— 24 (A) fabrication; 25 (B) advanced packaging; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 334. 334 1 (C) materials and equipment used to man2 ufacture semiconductor products. 3 (5) The Federal Government can leverage for4 eign direct investment and private dollars to grow 5 the domestic manufacturing and production capacity 6 of the United States for vulnerable segments of the 7 semiconductor supply chain. 8 (6) The SelectUSA program of the Department 9 of Commerce, in coordination with other Federal 10 agencies and State-level economic development orga11 nizations, is positioned to boost foreign direct invest12 ment in domestic manufacturing and to help secure 13 the semiconductor supply chain of the United States. 14 SEC. 1404. COORDINATION WITH STATE-LEVEL ECONOMIC 15 DEVELOPMENT ORGANIZATIONS. 16 Not later than 180 days after the date of the enact17 ment of this Act, the Executive Director of SelectUSA 18 shall solicit comments from State-level economic develop19 ment organizations— 20 (1) to review— 21 (A) what efforts the Federal Government 22 can take to support increased foreign direct in23 vestment in any segment of semiconductor-re24 lated production; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 335. 335 1 (B) what barriers to such investment may 2 exist and how to amplify State efforts to attract 3 such investment; 4 (C) public opportunities those organiza5 tions have identified to attract foreign direct in6 vestment to help increase investment described 7 in subparagraph (A); and 8 (D) resource gaps or other challenges that 9 prevent those organizations from increasing 10 such investment; and 11 (2) to develop recommendations for— 12 (A) how SelectUSA can increase such in13 vestment independently or through partnership 14 with those organizations; and 15 (B) working with countries that are allies 16 or partners of the United States to ensure that 17 foreign adversaries (as defined in section 18 8(c)(2) of the Secure and Trusted Communica19 tions Networks Act of 2019 (47 U.S.C. 20 1607(c)(2))) do not benefit from United States 21 efforts to increase such investment. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 336. 336 1 SEC. 1405. REPORT ON INCREASING FOREIGN DIRECT IN2 VESTMENT IN SEMICONDUCTOR-RELATED 3 MANUFACTURING AND PRODUCTION. 4 Not later than 2 years after the date of the enact5 ment of this Act, the Executive Director of SelectUSA, 6 in coordination with the Federal Interagency Investment 7 Working Group established by Executive Order 13577 (76 8 Fed. Reg. 35,715; relating to establishment of the 9 SelectUSA Initiative), shall submit to the Committee on 10 Commerce, Science, and Transportation of the Senate and 11 the Committee on Energy and Commerce of the House 12 of Representatives a report that includes— 13 (1) a review of the comments SelectUSA re14 ceived from State-level economic development organi15 zations under section 4; 16 (2) a description of activities SelectUSA is en17 gaged in to increase foreign direct investment in 18 semiconductor-related manufacturing and produc19 tion; and 20 (3) an assessment of strategies SelectUSA may 21 implement to achieve an increase in such investment 22 and to help secure the United States supply chain 23 for semiconductors, including by— 24 (A) working with other relevant Federal 25 agencies; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 337. 337 1 (B) working with State-level economic de2 velopment organizations and implementing any 3 strategies or recommendations SelectUSA re4 ceived from those organizations. 5 SEC. 1406. NO ADDITIONAL FUNDS. 6 No additional funds are authorized to be appro7 priated for the purpose of carrying out this title. The Ex8 ecutive Director of SelectUSA shall carry out this title 9 using amounts otherwise available to the Executive Direc10 tor for such purposes. 11 TITLE XIV—HOTEL FEES 12 TRANSPARENCY ACT 13 SEC. 1601. SHORT TITLE. 14 This title may be cited as the ‘‘Hotel Fees Trans15 parency Act of 2024’’. 16 SEC. 1602. PROHIBITION ON UNFAIR AND DECEPTIVE AD17 VERTISING OF HOTEL ROOMS AND OTHER 18 SHORT-TERM RENTAL PRICES. 19 (a) PROHIBITION.— 20 (1) IN GENERAL.—It shall be unlawful for a 21 covered entity to display, advertise, market, or offer 22 in interstate commerce, including through direct of23 ferings, third-party distribution, or metasearch refer24 rals, a price for covered services that does not clear25 ly, conspicuously, and prominently— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 338. 338 1 (A) display the total services price, if a 2 price is displayed, in any advertisement, mar3 keting, or price list wherever the covered serv4 ices are displayed, advertised, marketed, or of5 fered for sale; 6 (B) disclose to any individual who seeks to 7 purchase covered services the total services 8 price at the time the covered services are first 9 displayed to the individual and anytime there10 after throughout the covered services pur11 chasing process; and 12 (C) disclose, prior to the final purchase, 13 any tax, fee, or assessment imposed by any gov14 ernment entity, quasi-government entity, or 15 government-created special district or program 16 on the sale of covered services. 17 (2) INDIVIDUAL COMPONENTS.—Provided that 18 such displays are less prominent than the total serv19 ice price required in paragraph (1), nothing in this 20 Act shall be construed to prohibit the display of— 21 (A) individual components of the total 22 price; or 23 (B) details of other items not required by 24 paragraph (1). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 339. 339 1 (3) INDEMNIFICATION PROVISIONS.—Nothing 2 in this section shall be construed to prohibit any cov3 ered entity from entering into a contract with any 4 other covered entity that contains an indemnification 5 provision with respect to price or fee information 6 disclosed, exchanged, or shared between the covered 7 entities that are parties to the contract. 8 (b) ENFORCEMENT.— 9 (1) ENFORCEMENT BY THE COMMISSION.— 10 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC11 TICES.—A violation of subsection (a) shall be 12 treated as a violation of a rule defining an un13 fair or deceptive act or practice prescribed 14 under section 18(a)(1)(B) of the Federal Trade 15 Commission Act (15 U.S.C. 57a(a)(1)(B)). 16 (B) POWERS OF THE COMMISSION.— 17 (i) IN GENERAL.—The Commission 18 shall enforce this section in the same man19 ner, by the same means, and with the 20 same jurisdiction, powers, and duties as 21 though all applicable terms and provisions 22 of the Federal Trade Commission Act (15 23 U.S.C. 41 et seq.) were incorporated into 24 and made a part of this Act. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 340. 340 1 (ii) PRIVILEGES AND IMMUNITIES.— 2 Any person who violates this section shall 3 be subject to the penalties and entitled to 4 the privileges and immunities provided in 5 the Federal Trade Commission Act (15 6 U.S.C. 41 et seq.). 7 (iii) AUTHORITY PRESERVED.—Noth8 ing in this section shall be construed to 9 limit the authority of the Commission 10 under any other provision of law. 11 (2) ENFORCEMENT BY STATES.— 12 (A) IN GENERAL.—If the attorney general 13 of a State has reason to believe that an interest 14 of the residents of the State has been or is 15 being threatened or adversely affected by a 16 practice that violates subsection (a), the attor17 ney general of the State may, as parens patriae, 18 bring a civil action on behalf of the residents of 19 the State in an appropriate district court of the 20 United States to obtain appropriate relief. 21 (B) RIGHTS OF THE COMMISSION.— 22 (i) NOTICE TO THE COMMISSION.— 23 (I) IN GENERAL.—Except as pro24 vided in subclause (III), the attorney 25 general of a State, before initiating a VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 341. 341 1 civil action under subparagraph (A) 2 shall notify the Commission in writing 3 that the attorney general intends to 4 bring such civil action. 5 (II) CONTENTS.—The notifica6 tion required by subclause (I) shall in7 clude a copy of the complaint to be 8 filed to initiate the civil action. 9 (III) EXCEPTION.—If it is not 10 feasible for the attorney general of a 11 State to provide the notification re12 quired by subclause (I) before initi13 ating a civil action under subpara14 graph (A), the attorney general shall 15 notify the Commission immediately 16 upon instituting the civil action. 17 (ii) INTERVENTION BY THE COMMIS18 SION.—The Commission may— 19 (I) intervene in any civil action 20 brought by the attorney general of a 21 State under subparagraph (A); and 22 (II) upon intervening— 23 (aa) be heard on all matters 24 arising in the civil action; and 25 (bb) file petitions for appeal. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 342. 342 1 (C) INVESTIGATORY POWERS.—Nothing in 2 this paragraph may be construed to prevent the 3 attorney general of a State from exercising the 4 powers conferred on the attorney general by the 5 laws of the State to conduct investigations, to 6 administer oaths or affirmations, or to compel 7 the attendance of witnesses or the production of 8 documentary or other evidence. 9 (D) ACTION BY THE COMMISSION.—When10 ever a civil action has been instituted by or on 11 behalf of the Commission for violation of sub12 section (a), no attorney general of a State may, 13 during the pendency of that action, institute an 14 action under subparagraph (A) against any de15 fendant named in the complaint in that action 16 for a violation of subsection (a) alleged in such 17 complaint. 18 (E) VENUE; SERVICE OF PROCESS.— 19 (i) VENUE.—Any action brought 20 under subparagraph (A) may be brought 21 in— 22 (I) the district court of the 23 United States that meets applicable 24 requirements relating to venue under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 343. 343 1 section 1391 of title 28, United States 2 Code; or 3 (II) another court of competent 4 jurisdiction. 5 (ii) SERVICE OF PROCESS.—In an ac6 tion brought under subparagraph (A), 7 process may be served in any district in 8 which— 9 (I) the defendant is an inhab10 itant, may be found, or transacts 11 business; or 12 (II) venue is proper under section 13 1391 of title 28, United States Code. 14 (F) ACTIONS BY OTHER STATE OFFI15 CIALS.— 16 (i) IN GENERAL.—In addition to civil 17 actions brought by an attorney general 18 under subparagraph (A), any other officer 19 of a State who is authorized by the State 20 to do so may bring a civil action under 21 subparagraph (A), subject to the same re22 quirements and limitations that apply 23 under this paragraph to civil actions 24 brought by attorneys general. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 344. 344 1 (ii) SAVINGS PROVISION.—Nothing in 2 this paragraph may be construed to pro3 hibit an authorized official of a State from 4 initiating or continuing any proceeding in 5 a court of the State for a violation of any 6 civil or criminal law of the State. 7 (3) AFFIRMATIVE DEFENSE.—In any action 8 pursuant to paragraph (1) or (2), an intermediary 9 or third-party online seller may assert an affirmative 10 defense if such intermediary or third-party online 11 seller— 12 (A) established procedures to receive up-to13 date price information from hotels or short14 term rentals, or agents acting on behalf of a 15 hotel or short-term rental; 16 (B) relied in good faith on information 17 provided to the intermediary or third-party on18 line seller by a hotel or short-term rental, or 19 agent acting on behalf of such hotel or short20 term rental, and such information was inac21 curate at the time it was provided to the inter22 mediary or third-party online seller; and 23 (C) took prompt action to remove or cor24 rect any false or inaccurate information about VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 345. 345 1 the total services price after receiving notice 2 that such information was false or inaccurate. 3 (c) PREEMPTION.— 4 (1) IN GENERAL.—A State, or political subdivi5 sion of a State, may not maintain, enforce, pre6 scribe, or continue in effect any law, rule, regulation, 7 requirement, standard, or other provision having the 8 force and effect of law of the State, or political sub9 division of the State, that prohibits a covered entity 10 from advertising, displaying, marketing, or otherwise 11 offering, or otherwise affects the manner in which a 12 covered entity may advertise, display, market, or 13 otherwise offer, for sale in interstate commerce, in14 cluding through a direct offering, third-party dis15 tribution, or metasearch referral, a price of a res16 ervation for a covered service, and that requires fee 17 disclosure, unless the law requires the total services 18 price to include each service fee, as defined in sub19 section (d)(8), and in accordance with subsection 20 (a)(1). 21 (2) RULE OF CONSTRUCTION.—This section 22 may not be construed to— 23 (A) preempt any law of a State or political 24 subdivision of a State relating to contracts or 25 torts; or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 346. 346 1 (B) preempt any law of a State or political 2 subdivision of a State to the extent that such 3 law relates to an act of fraud, unauthorized ac4 cess to personal information, or notification of 5 unauthorized access to personal information. 6 (d) DEFINITIONS.—In this Act: 7 (1) BASE SERVICES PRICE.—The term ‘‘base 8 services price’’ — 9 (A) means, with respect to the covered 10 services provided by a hotel or short-term rent11 al, the price in order to obtain the covered serv12 ices of the hotel or short-term rental; and 13 (B) does not include— 14 (i) any service fee; 15 (ii) any taxes or fees imposed by a 16 government or quasi-government entity; 17 (iii) assessment fees of a government18 created special district or program; or 19 (iv) any charges or fees for an op20 tional product or service associated with 21 the covered services that may be selected 22 by a purchaser of covered services. 23 (2) COMMISSION.—The term ‘‘Commission’’ 24 means the Federal Trade Commission. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 347. 347 1 (3) COVERED ENTITY.—The term ‘‘covered en2 tity’’ means a person, partnership, or corporation 3 with respect to whom the Commission has jurisdic4 tion under section 5(a)(2) of the Federal Trade 5 Commission Act (15 U.S.C. 45(a)(2)), including— 6 (A) a hotel or short-term rental; 7 (B) a third-party online seller; or 8 (C) an intermediary. 9 (4) COVERED SERVICES.—The term ‘‘covered 10 services’’— 11 (A) means the temporary provision of a 12 room, building, or other lodging facility; and 13 (B) does not include the provision of a 14 meeting room, banquet services, or catering 15 services. 16 (5) HOTEL.—The term ‘‘hotel’’ means an es17 tablishment that is— 18 (A) primarily engaged in providing a cov19 ered service to the general public; and 20 (B) promoted, advertised, or marketed in 21 interstate commerce or for which such estab22 lishment’s services are sold in interstate com23 merce. 24 (6) INTERMEDIARY.—The term ‘‘intermediary’’ 25 means an entity that operates either as a businessVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 348. 348 1 to-business platform, consumer-facing platform, or 2 both, that displays, including through direct offer3 ings, third-party distribution, or metasearch referral, 4 a price for covered services or price comparison tools 5 for consumers seeking covered services. 6 (7) OPTIONAL PRODUCT OR SERVICE.—The 7 term ‘‘optional product or service’’ means a product 8 or service that an individual does not need to pur9 chase to use or obtain covered services 10 (8) SERVICE FEE.—The term ‘‘service fee’’— 11 (A) means a charge imposed by a covered 12 entity that must be paid in order to obtain cov13 ered services; and 14 (B) does not include— 15 (i) any taxes or fees imposed by a 16 government or quasi-government entity; 17 (ii) any assessment fees of a govern18 ment-created special district or program; 19 or 20 (iii) any charges or fees for an op21 tional product or service associated with 22 the covered services that may be selected 23 by a purchaser of covered services. 24 (9) SHORT-TERM RENTAL.—The term ‘‘short25 term rental’’ means a property, including a singleVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 349. 349 1 family dwelling or a unit in a condominium, coopera2 tive, or time-share, that provides covered services 3 (either with respect to the entire property or a part 4 of the property) to the general public— 5 (A) in exchange for a fee; 6 (B) for periods shorter than 30 consecutive 7 days; and 8 (C) is promoted, advertised, or marketed in 9 interstate commerce or for which such prop10 erty’s services are sold in interstate commerce. 11 (10) STATE.—The term ‘‘State’’ means each of 12 the 50 States, the District of Columbia, and any ter13 ritory or possession of the United States. 14 (11) THIRD-PARTY ONLINE SELLER.—The term 15 ‘‘third-party online seller’’ means any person other 16 than a hotel or short-term rental that sells covered 17 services or offers for sale covered services with re18 spect to a hotel or short-term rental in a transaction 19 facilitated on the internet. 20 (12) TOTAL SERVICES PRICE.—The term ‘‘total 21 services’’— 22 (A) means, with respect to covered serv23 ices, the total cost of the covered services, in24 cluding the base services price and any service 25 fees; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 350. 350 1 (B) does not include— 2 (i) any taxes or fees imposed by a 3 government or quasi-government entity; 4 (ii) any assessment fees of a govern5 ment-created special district or program; 6 or 7 (iii) any charges or fees for an op8 tional product or service associated with 9 the covered services that may be selected 10 by a purchaser of covered services. 11 (e) EFFECTIVE DATE.—The prohibition under sub12 section (a) shall take effect 450 days after the date of 13 the enactment of this Act and shall apply to advertise14 ments, displays, marketing, and offers of covered services 15 of a covered entity made on or after such date. 16 TITLE XV—TRANSPARENCY IN 17 CHARGES FOR KEY EVENTS 18 TICKETING 19 SEC. 1701. SHORT TITLE. 20 This title may be cited as the ‘‘Transparency In 21 Charges for Key Events Ticketing Act’’ or the ‘‘TICKET 22 Act’’. 23 SEC. 1702. ALL INCLUSIVE TICKET PRICE DISCLOSURE. 24 Beginning 180 days after the date of the enactment 25 of this Act, it shall be unlawful for a ticket issuer, secVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 351. 351 1 ondary market ticket issuer, or secondary market ticket 2 exchange to offer for sale an event ticket unless the ticket 3 issuer, secondary market ticket issuer, or secondary mar4 ket ticket exchange— 5 (1) clearly and conspicuously displays the total 6 event ticket price, if a price is displayed, in any ad7 vertisement, marketing, or price list wherever the 8 ticket is offered for sale; 9 (2) clearly and conspicuously discloses to any 10 individual who seeks to purchase an event ticket the 11 total event ticket price at the time the ticket is first 12 displayed to the individual and anytime thereafter 13 throughout the ticket purchasing process; and 14 (3) provides an itemized list of the base event 15 ticket price and each event ticket fee prior to the 16 completion of the ticket purchasing process. 17 SEC. 1703. SPECULATIVE TICKETING BAN. 18 (a) PROHIBITION.—Beginning 180 days after the 19 date of the enactment of this Act, a ticket issuer, sec20 ondary market ticket issuer, or secondary market ticket 21 exchange that does not have actual or constructive posses22 sion of an event ticket shall not sell, offer for sale, or ad23 vertise for sale such event ticket. 24 (b) SERVICES PERMITTED.—Notwithstanding sub25 section (a), a secondary market ticket issuer or secondary VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 352. 352 1 market ticket exchange may sell, offer for sale, or adver2 tise for sale a service to an individual to obtain an event 3 ticket on behalf of such individual if the secondary market 4 ticket issuer or secondary market ticket exchange complies 5 with the following: 6 (1) Does not market or list the service as an 7 event ticket. 8 (2) Maintains a clear, distinct, and easily dis9 cernible separation between the service and event 10 tickets that persists throughout the entire service se11 lection and purchasing process. 12 (3) Clearly and conspicuously discloses before 13 selection of the service that the service is not an 14 event ticket and that the purchase of the service 15 does not guarantee an event ticket. 16 SEC. 1704. DISCLOSURES. 17 A ticket issuer, secondary market ticket issuer, or 18 secondary market ticket exchange— 19 (1) if offering an event ticket for resale, shall 20 provide a clear and conspicuous statement, before a 21 consumer purchases the event ticket from the ticket 22 issuer, secondary market ticket issuer, or secondary 23 market ticket exchange, that the issuer or exchange 24 is engaged in the secondary sale of event tickets; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 353. 353 1 (2) shall not state that the ticket issuer, sec2 ondary market ticket issuer, or secondary market 3 ticket exchange is affiliated with or endorsed by a 4 venue, team, or artist, as applicable, including by 5 using words like ‘‘official’’ in promotional materials, 6 social media promotions, or paid advertising, unless 7 a partnership agreement has been executed or the 8 issuer or exchange has the express written consent 9 of the venue, team, or artist, as applicable. 10 SEC. 1705. REFUND REQUIREMENTS. 11 (a) CANCELLATION.—Beginning 180 days after the 12 date of the enactment of this Act, if an event is canceled 13 or postponed (except for a case in which an event is can14 celed or postponed due to a cause beyond the reasonable 15 control of the issuer, including a natural disaster, civil dis16 turbance, or otherwise unforeseeable impediment), a ticket 17 issuer, secondary market ticket issuer, or secondary mar18 ket ticket exchange shall provide the purchaser of an event 19 ticket from the issuer or exchange for the canceled or post20 poned event, at a minimum— 21 (1) if the event is cancelled, a full refund for 22 the total event ticket price; 23 (2) subject to availability, if the event is post24 poned for not more than 6 months and the original 25 event ticket is no longer valid for entry to the reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 354. 354 1 scheduled event, a replacement event ticket for the 2 rescheduled event in the same or a comparable loca3 tion once the event has been rescheduled; or 4 (3) if the event is postponed for more than 6 5 months, at the option of the purchaser— 6 (A) a full refund for the total event ticket 7 price; or 8 (B) if the original event ticket is no longer 9 valid for entry to the rescheduled event, a re10 placement event ticket for the rescheduled event 11 in the same or a comparable location once the 12 event has been rescheduled. 13 (b) DISCLOSURE OF GUARANTEE AND REFUND POL14 ICY REQUIRED.—Beginning 180 days after the date of the 15 enactment of this Act, a ticket issuer, secondary market 16 ticket issuer, or secondary market ticket exchange shall 17 disclose clearly and conspicuously to a purchaser before 18 the completion of an event ticket sale the guarantee or 19 refund policy of such ticket issuer, secondary market tick20 et issuer, or secondary market ticket exchange, including 21 under what circumstances any refund issued will include 22 a refund of any event ticket fee. 23 (c) DISCLOSURE OF HOW TO OBTAIN A REFUND RE24 QUIRED.—Beginning 180 days after the date of the enact25 ment of this Act, a ticket issuer, secondary market ticket VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 355. 355 1 issuer, or secondary market ticket exchange shall provide 2 a clear and conspicuous explanation of how to obtain a 3 refund of the total event ticket price. 4 SEC. 1706. REPORT BY THE FEDERAL TRADE COMMISSION 5 ON BOTS ACT OF 2016 ENFORCEMENT. 6 Not later than 6 months after the date of the enact7 ment of this Act, the Commission shall submit to Congress 8 a report on enforcement of the Better Online Ticket Sales 9 Act of 2016 (Public Law 114–274; 15 U.S.C. 45c), includ10 ing any enforcement action taken, challenges with enforce11 ment and coordination with State Attorneys General, and 12 recommendations on how to improve enforcement and in13 dustry compliance. 14 SEC. 1707. ENFORCEMENT. 15 (a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—A 16 violation of this title shall be treated as a violation of a 17 rule defining an unfair or deceptive act or practice under 18 section 18(a)(1)(B) of the Federal Trade Commission Act 19 (15 U.S.C. 57a(a)(1)(B)). 20 (b) POWERS OF COMMISSION.— 21 (1) IN GENERAL.—The Commission shall en22 force this title in the same manner, by the same 23 means, and with the same jurisdiction, powers, and 24 duties as though all applicable terms and provisions 25 of the Federal Trade Commission Act (15 U.S.C. 41 VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 356. 356 1 et seq.) were incorporated into and made a part of 2 this title. 3 (2) PRIVILEGES AND IMMUNITIES.—Any person 4 who violates this title shall be subject to the pen5 alties and entitled to the privileges and immunities 6 provided in the Federal Trade Commission Act (15 7 U.S.C. 41 et seq.). 8 (3) AUTHORITY PRESERVED.—Nothing in this 9 title shall be construed to limit the authority of the 10 Commission under any other provision of law. 11 SEC. 1708. DEFINITIONS. 12 In this title: 13 (1) ARTIST.—The term ‘‘artist’’ means any per14 former, musician, comedian, producer, ensemble or 15 production entity of a theatrical production, sports 16 team owner, or similar person. 17 (2) BASE EVENT TICKET PRICE.—The term 18 ‘‘base event ticket price’’ means, with respect to an 19 event ticket, the price of the event ticket excluding 20 the cost of any event ticket fees. 21 (3) COMMISSION.—The term ‘‘Commission’’ 22 means the Federal Trade Commission. 23 (4) EVENT.—The term ‘‘event’’ means any live 24 concert, theatrical performance, sporting event, 25 show, or similarly scheduled live activity, that is— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 357. 357 1 (A) taking place in a venue with a seating 2 or attendance capacity exceeding 200 persons; 3 (B) open to the general public; and 4 (C) promoted, advertised, or marketed in 5 interstate commerce, or for which event tickets 6 are generally sold or distributed in interstate 7 commerce. 8 (5) EVENT TICKET; TICKET ISSUER.—The 9 terms ‘‘event ticket’’ and ‘‘ticket issuer’’ have the 10 meaning given those terms in the Better Online 11 Ticket Sales Act of 2016 (Public Law 114–274). 12 (6) EVENT TICKET FEE.—The term ‘‘event 13 ticket fee’’— 14 (A) means a charge for an event ticket 15 that must be paid in addition to the base event 16 ticket price in order to obtain an event ticket 17 from a ticket issuer, secondary market ticket 18 issuer, or secondary market ticket exchange, in19 cluding any service fee, charge and order proc20 essing fee, delivery fee, facility charge fee, tax, 21 and any other charge; and 22 (B) does not include any charge or fee for 23 an optional product or service associated with 24 the event that may be selected by a purchaser 25 of an event ticket. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 358. 358 1 (7) OPTIONAL PRODUCT OR SERVICE.—The 2 term ‘‘optional product or service’’ means a product 3 or service that an individual does not need to pur4 chase to use or take possession of an event ticket. 5 (8) RESALE; SECONDARY SALE.—The terms 6 ‘‘resale’’ and ‘‘secondary sale’’ mean any sale of an 7 event ticket that occurs after the initial sale of the 8 event ticket by a ticket issuer. 9 (9) SECONDARY MARKET TICKET EXCHANGE.— 10 The term ‘‘secondary market ticket exchange’’ 11 means any person that in the regular course of trade 12 or business of that person operates a platform or ex13 change for advertising, listing, or selling resale tick14 ets, on behalf of itself, vendors, or a secondary mar15 ket ticket issuer. 16 (10) SECONDARY MARKET TICKET ISSUER.— 17 The term ‘‘secondary market ticket issuer’’ means 18 any person, including a ticket issuer, that resells or 19 makes a secondary sale of an event ticket to the gen20 eral public in the regular course of the trade or busi21 ness of the person. 22 (11) TOTAL EVENT TICKET PRICE.—The term 23 ‘‘total event ticket price’’ means, with respect to an 24 event ticket, the total cost of the event ticket, includVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 359. 359 1 ing the base event ticket price and any event ticket 2 fee. 3 (12) VENUE.—The term ‘‘venue’’ means a 4 physical space at which an event takes place. 5 TITLE XVI—ROUTERS ACT 6 SEC. 1801. SHORT TITLE. 7 This title may be cited as the ‘‘Removing Our Unse8 cure Technologies to Ensure Reliability and Security Act’’ 9 or the ‘‘ROUTERS Act’’. 10 SEC. 1802. STUDY OF NATIONAL SECURITY RISKS POSED BY 11 CERTAIN ROUTERS AND MODEMS. 12 (a) IN GENERAL.—The Secretary shall conduct a 13 study of the national security risks posed by consumer 14 routers, modems, and devices that combine a modem and 15 router that are designed, developed, manufactured, or sup16 plied by persons owned by, controlled by, or subject to the 17 influence of a covered country. 18 (b) REPORT TO CONGRESS.—Not later than 1 year 19 after the date of the enactment of this Act, the Secretary 20 shall submit to the Committee on Energy and Commerce 21 of the House of Representatives and the Committee on 22 Commerce, Science, and Transportation of the Senate a 23 report on the results of the study conducted under sub24 section (a). 25 (c) DEFINITIONS.—In this section: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 360. 360 1 (1) COVERED COUNTRY.—The term ‘‘covered 2 country’’ means a country specified in section 3 4872(d)(2) of title 10, United States Code. 4 (2) SECRETARY.—The term ‘‘Secretary’’ means 5 the Secretary of Commerce, in consultation with the 6 Assistant Secretary of Commerce for Communica7 tions and Information. 8 TITLE XVII—NTIA 9 REAUTHORIZATION 10 SEC. 1901. SHORT TITLE. 11 This title may be cited as the ‘‘National Tele12 communications and Information Administration Reau13 thorization Act of 2024’’ or the ‘‘NTIA Reauthorization 14 Act of 2024’’. 15 SEC. 1902. DEFINITIONS. 16 In this title: 17 (1) COMMISSION.—The term ‘‘Commission’’ 18 means the Federal Communications Commission. 19 (2) NTIA.—The term ‘‘NTIA’’ means the Na20 tional Telecommunications and Information Admin21 istration. 22 (3) UNDER SECRETARY.—The term ‘‘Under 23 Secretary’’ means the Under Secretary of Commerce 24 for Communications and Information. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 361. 361 1 Subtitle A—Reauthorization 2 SEC. 1911. REAUTHORIZATION OF THE NATIONAL TELE3 COMMUNICATIONS AND INFORMATION AD4 MINISTRATION ORGANIZATION ACT. 5 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 6 151 of the National Telecommunications and Information 7 Administration Organization Act is amended by striking 8 ‘‘$17,600,000 for fiscal year 1992 and $17,900,000 for 9 fiscal year 1993’’ and inserting ‘‘$57,000,000 for fiscal 10 year 2025 and $57,000,000 for fiscal year 2026’’. 11 (b) UNDER SECRETARY OF COMMERCE FOR COMMU12 NICATIONS AND INFORMATION.— 13 (1) UNDER SECRETARY; DEPUTY UNDER SEC14 RETARY.— 15 (A) UNDER SECRETARY.—The National 16 Telecommunications and Information Adminis17 tration Organization Act (47 U.S.C. 901 et seq) 18 is amended by striking ‘‘Assistant Secretary’’ 19 each place it appears and inserting ‘‘Under Sec20 retary’’. 21 (B) DEPUTY UNDER SECRETARY.—Section 22 103(a) of the National Telecommunications and 23 Information Administration Organization Act 24 (47 U.S.C. 902(a)), as amended by this section, 25 is amended by adding at the end the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 362. 362 1 ‘‘(3) DEPUTY UNDER SECRETARY.—The Dep2 uty Under Secretary of Commerce for Communica3 tions and Information shall— 4 ‘‘(A) be the principal policy advisor of the 5 Under Secretary; 6 ‘‘(B) perform such other functions as the 7 Under Secretary shall from time to time assign 8 or delegate; and 9 ‘‘(C) act as Under Secretary during the 10 absence or disability of the Under Secretary or 11 in the event of a vacancy in the office of the 12 Under Secretary.’’. 13 (2) CONTINUATION OF CIVIL ACTIONS.—This 14 subsection, and the amendments made by this sub15 section, shall not abate any civil action commenced 16 by or against the Assistant Secretary of Commerce 17 for Communications and Information before the date 18 of the enactment of this Act, except that the Under 19 Secretary shall be substituted as a party to the ac20 tion on and after such date. 21 (3) CONTINUATION IN OFFICE.—The individual 22 serving as the Assistant Secretary of Commerce for 23 Communications and Information and the individual 24 serving as the Deputy Assistant Secretary of Com25 merce for Communications and Information on the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 363. 363 1 day before the date of the enactment of this Act may 2 serve as the Under Secretary and the Deputy Under 3 Secretary of Commerce for Communications and In4 formation, respectively, on and after that date with5 out the need for renomination or reappointment. 6 (4) REFERENCES.—Any reference in a law, reg7 ulation, document, paper, or other record of the 8 United States to the Assistant Secretary of Com9 merce for Communications and Information shall, on 10 and after the date of the enactment of this Act, be 11 deemed to be a reference to the Under Secretary. 12 (5) EXECUTIVE SCHEDULE.— 13 (A) IN GENERAL.—Subchapter II of chap14 ter 53 of title 5, United States Code, is amend15 ed— 16 (i) in section 5314, by adding at the 17 end the following: 18 ‘‘Under Secretary of Commerce for Commu19 nications and Information.’’; and 20 (ii) in section 5315, in the item relat21 ing to the Assistant Secretaries of Com22 merce, by striking ‘‘(11)’’ and inserting 23 ‘‘(10)’’. 24 (B) EFFECTIVE DATE.—The amendment 25 made by subparagraph (A) (establishing the anVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 364. 364 1 nual rate of the basic pay of the Under Sec2 retary) shall take effect on the first day of the 3 first pay period beginning after the date of the 4 enactment of this Act. 5 (c) AUTHORITIES AND RESPONSIBILITIES.— 6 (1) COORDINATION OF EXECUTIVE BRANCH 7 VIEWS ON MATTERS BEFORE THE FEDERAL COMMU8 NICATIONS COMMISSION.—Section 105(a)(1) of the 9 National Telecommunications and Information Ad10 ministration Organization Act (47 U.S.C. 904(a)(1)) 11 is amended— 12 (A) by striking ‘‘to ensure that the con13 duct’’ and inserting the following: ‘‘to ensure 14 that— 15 ‘‘(A) the conduct’’; 16 (B) in subparagraph (A), as so designated, 17 by striking the period at the end and inserting 18 ‘‘; and’’; and 19 (C) by adding at the end the following: 20 ‘‘(B) the views of the executive branch on 21 matters presented to the Commission are, con22 sistent with section 103(b)(2)(J)— 23 ‘‘(i) appropriately coordinated; and 24 ‘‘(ii) reflective of executive branch pol25 icy.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 365. 365 1 (2) ASSIGNED FUNCTIONS.—Section 103(b)(2) 2 of the National Telecommunications and Informa3 tion Administration Organization Act (47 U.S.C. 4 902(b)(2)) is amended— 5 (A) in the matter preceding subparagraph 6 (A), by inserting ‘‘, some of which were’’ before 7 ‘‘transferred to the Secretary’’; and 8 (B) in subparagraph (M), by inserting ‘‘, 9 publish reports,’’ after ‘‘studies’’. 10 (3) RULE OF CONSTRUCTION.—Nothing in the 11 amendments made by paragraphs (1) and (2) may 12 be construed to expand or contract the authority of 13 the Commission. 14 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 15 (1) PUBLIC TELECOMMUNICATIONS FINANCING 16 ACT OF 1978.—Section 106(c) of the Public Tele17 communications Financing Act of 1978 (5 U.S.C. 18 5316 note; Public Law 95–567) is amended by strik19 ing ‘‘The position of Deputy Assistant Secretary of 20 Commerce for Communications and Information, es21 tablished in Department of Commerce Organization 22 Order Numbered 10–10 (effective March 26, 23 1978),’’ and inserting ‘‘The position of Deputy 24 Under Secretary of Commerce for Communications 25 and Information, established under section 103(a) of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 366. 366 1 the National Telecommunications and Information 2 Administration Organization Act (47 U.S.C. 3 902(a)),’’. 4 (2) COMMUNICATIONS ACT OF 1934.—Section 5 344(d)(2) of the Communications Act of 1934 (47 6 U.S.C. 344(d)(2)) is amended by striking ‘‘Assistant 7 Secretary’’ and inserting ‘‘Under Secretary’’. 8 (3) HOMELAND SECURITY ACT OF 2002.—Sec9 tion 1805(d)(2) of the Homeland Security Act of 10 2002 (6 U.S.C. 575(d)(2)) is amended by striking 11 ‘‘Assistant Secretary for Communications and Infor12 mation of the Department of Commerce’’ and insert13 ing ‘‘Under Secretary of Commerce for Communica14 tions and Information’’. 15 (4) AGRICULTURE IMPROVEMENT ACT OF 16 2018.—Section 6212 of the Agriculture Improvement 17 Act of 2018 (7 U.S.C. 950bb–6) is amended— 18 (A) in subsection (d)(1), in the heading, by 19 striking ‘‘ASSISTANT SECRETARY’’ and inserting 20 ‘‘UNDER SECRETARY’’; and 21 (B) by striking ‘‘Assistant Secretary’’ each 22 place the term appears and inserting ‘‘Under 23 Secretary’’. 24 (5) TITLE 17, UNITED STATES CODE.—Section 25 1201(a)(1)(C) of title 17, United States Code, is VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 367. 367 1 amended by striking ‘‘Assistant Secretary for Com2 munications and Information of the Department of 3 Commerce’’ and inserting ‘‘Under Secretary of Com4 merce for Communications and Information’’. 5 (6) UNLOCKING CONSUMER CHOICE AND WIRE6 LESS COMPETITION ACT.—Section 2(b) of the 7 Unlocking Consumer Choice and Wireless Competi8 tion Act (17 U.S.C. 1201 note; Public Law 113– 9 144) is amended by striking ‘‘Assistant Secretary 10 for Communications and Information of the Depart11 ment of Commerce’’ and inserting ‘‘Under Secretary 12 of Commerce for Communications and Information’’. 13 (7) COMMUNICATIONS SATELLITE ACT OF 14 1962.—Section 625(a)(1) of the Communications 15 Satellite Act of 1962 (47 U.S.C. 763d(a)(1)) is 16 amended, in the matter preceding subparagraph (A), 17 by striking ‘‘Assistant Secretary’’ and inserting 18 ‘‘Under Secretary of Commerce’’. 19 (8) SPECTRUM PIPELINE ACT OF 2015.—The 20 Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note; 21 title X of Public Law 114–74) is amended— 22 (A) in section 1002(1), in the heading, by 23 striking ‘‘ASSISTANT SECRETARY’’ and inserting 24 ‘‘UNDER SECRETARY’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00367 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 368. 368 1 (B) by striking ‘‘Assistant Secretary’’ each 2 place the term appears and inserting ‘‘Under 3 Secretary’’. 4 (9) WARNING, ALERT, AND RESPONSE NET5 WORK ACT.—Section 606 of the Warning, Alert, and 6 Response Network Act (47 U.S.C. 1205) is amend7 ed— 8 (A) by striking ‘‘Assistant Secretary’’ each 9 place the term appears and inserting ‘‘Under 10 Secretary’’; and 11 (B) in subsection (b), in the first sentence, 12 by striking ‘‘for7Communications’’ and insert13 ing ‘‘for Communications’’. 14 (10) AMERICAN RECOVERY AND REINVESTMENT 15 ACT OF 2009.—Section 6001 of the American Recov16 ery and Reinvestment Act of 2009 (47 U.S.C. 1305) 17 is amended by striking ‘‘Assistant Secretary’’ each 18 place the term appears and inserting ‘‘Under Sec19 retary’’. 20 (11) MIDDLE CLASS TAX RELIEF AND JOB CRE21 ATION ACT OF 2012.—Title VI of the Middle Class 22 Tax Relief and Job Creation Act of 2012 (47 U.S.C. 23 1401 et seq.) is amended— 24 (A) in section 6001 (47 U.S.C. 1401)— 25 (i) by striking paragraph (4); VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00368 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 369. 369 1 (ii) by redesignating paragraphs (5) 2 through (32) as paragraphs (4) through 3 (31), respectively; and 4 (iii) by inserting after paragraph (31), 5 as so redesignated, the following: 6 ‘‘(32) UNDER SECRETARY.—The term ‘Under 7 Secretary’ means the Under Secretary of Commerce 8 for Communications and Information.’’; and 9 (B) by striking ‘‘Assistant Secretary’’ each 10 place the term appears and inserting ‘‘Under 11 Secretary’’. 12 (12) RAY BAUM’S ACT OF 2018.—The RAY 13 BAUM’S Act of 2018 (division P of Public Law 14 115–141; 132 Stat. 348) is amended by striking 15 ‘‘Assistant Secretary’’ each place the term appears 16 and inserting ‘‘Under Secretary’’. 17 (13) SECURE AND TRUSTED COMMUNICATIONS 18 NETWORKS ACT OF 2019.—Section 8 of the Secure 19 and Trusted Communications Networks Act of 2019 20 (47 U.S.C. 1607) is amended— 21 (A) in subsection (c)(1), in the heading, by 22 striking ‘‘ASSISTANT SECRETARY’’ and inserting 23 ‘‘UNDER SECRETARY’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 370. 370 1 (B) by striking ‘‘Assistant Secretary’’ each 2 place the term appears and inserting ‘‘Under 3 Secretary’’. 4 (14) TITLE 51, UNITED STATES CODE.—Section 5 50112(3) of title 51, United States Code, is amend6 ed, in the matter preceding subparagraph (A), by 7 striking ‘‘Assistant Secretary’’ each place the term 8 appears and inserting ‘‘Under Secretary’’. 9 (15) CONSOLIDATED APPROPRIATIONS ACT, 10 2021.—The Consolidated Appropriations Act, 2021 11 (Public Law 116–260) is amended— 12 (A) in title IX of division N— 13 (i) in section 902(a)(2), in the head14 ing, by striking ‘‘ASSISTANT SECRETARY’’ 15 and inserting ‘‘UNDER SECRETARY’’; 16 (ii) in section 905— 17 (I) in subsection (a)(1), in the 18 heading, by striking ‘‘ASSISTANT SEC19 RETARY’’ and inserting ‘‘UNDER SEC20 RETARY’’; 21 (II) in subsection (c)(3)(B), in 22 the heading, by striking ‘‘ASSISTANT 23 SECRETARY’’ and inserting ‘‘UNDER 24 SECRETARY’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00370 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 371. 371 1 (III) in subsection (d)(2)(B), in 2 the heading, by striking ‘‘ASSISTANT 3 SECRETARY’’ and inserting ‘‘UNDER 4 SECRETARY’’; and 5 (iii) by striking ‘‘Assistant Secretary’’ 6 each place the term appears and inserting 7 ‘‘Under Secretary’’; and 8 (B) in title IX of division FF— 9 (i) in section 903(g)(2), in the head10 ing, by striking ‘‘ASSISTANT SECRETARY’’ 11 and inserting ‘‘UNDER SECRETARY’’; and 12 (ii) by striking ‘‘Assistant Secretary’’ 13 each place the term appears and inserting 14 ‘‘Under Secretary’’. 15 (16) INFRASTRUCTURE INVESTMENT AND JOBS 16 ACT.—The Infrastructure Investment and Jobs Act 17 (Public Law 117–58) is amended— 18 (A) in section 27003, by striking ‘‘Assist19 ant Secretary’’ each place the term appears and 20 inserting ‘‘Under Secretary’’; 21 (B) in division F— 22 (i) in section 60102— 23 (I) in subsection (a)(2)(A), by 24 striking ‘‘ASSISTANT SECRETARY’’ 25 and inserting ‘‘UNDER SECRETARY’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 372. 372 1 (II) in subsection (d)(1), by 2 striking ‘‘ASSISTANT SECRETARY’’ 3 and inserting ‘‘UNDER SECRETARY’’; 4 and 5 (III) in subsection (h)— 6 (aa) in paragraph (1)(B), by 7 striking ‘‘ASSISTANT SEC8 RETARY’’ and inserting ‘‘UNDER 9 SECRETARY’’; and 10 (bb) in paragraph 11 (5)(B)(iii), by striking ‘‘ASSIST12 ANT SECRETARY’’ and inserting 13 ‘‘UNDER SECRETARY’’; 14 (ii) in title III— 15 (I) in section 60302(5), by strik16 ing ‘‘ASSISTANT SECRETARY’’ and in17 serting ‘‘UNDER SECRETARY’’; and 18 (II) in section 19 60305(d)(2)(B)(ii), by striking ‘‘AS20 SISTANT SECRETARY’’ and inserting 21 ‘‘UNDER SECRETARY’’; 22 (iii) in section 60401(a)(2), by strik23 ing ‘‘ASSISTANT SECRETARY’’ and insert24 ing ‘‘UNDER SECRETARY’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00372 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 373. 373 1 (iv) by striking ‘‘Assistant Secretary’’ 2 each place the term appears and inserting 3 ‘‘Under Secretary’’; and 4 (C) in division J, in title I, in the matter 5 under the heading ‘‘distance learning, telemedi6 cine, and broadband program’’ under the head7 ing ‘‘Rural Utilities Service’’ under the heading 8 ‘‘RURAL DEVELOPMENT PROGRAMS’’, by 9 striking ‘‘Assistant Secretary’’ and inserting 10 ‘‘Under Secretary’’. 11 SEC. 1912. NTIA CONSOLIDATED REPORTING ACT. 12 (a) ELIMINATION OF CERTAIN OUTDATED OR COM13 PLETED REPORTING REQUIREMENTS.— 14 (1) BTOP QUARTERLY REPORT.—Section 15 6001(d) of the American Recovery and Reinvestment 16 Act of 2009 (47 U.S.C. 1305(d)) is amended— 17 (A) in paragraph (2), by striking the semi18 colon at the end and inserting ‘‘; and’’; 19 (B) in paragraph (3), by striking ‘‘; and’’ 20 and inserting a period; and 21 (C) by striking paragraph (4). 22 (2) CERTAIN REPORTS REQUIRED BY NATIONAL 23 TELECOMMUNICATIONS AND INFORMATION ADMINIS24 TRATION ORGANIZATION ACT.—Sections 154, 155, 25 and 156 of the National Telecommunications and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 374. 374 1 Information Administration Organization Act are re2 pealed. 3 (3) INITIAL REPORT REQUIRED BY SECTION 4 9202(a)(1)(G) OF THE NDAA FOR FISCAL YEAR 5 2021.—Section 9202(a)(1)(G) of the William M. 6 (Mac) Thornberry National Defense Authorization 7 Act for Fiscal Year 2021 (47 U.S.C. 906(a)(1)(G)) 8 is amended— 9 (A) in clause (ii), by redesignating sub10 clauses (I), (II), and (III) as clauses (i), (ii), 11 and (iii), respectively, and conforming the mar12 gins of such clauses accordingly; and 13 (B) by striking ‘‘REPORTS TO CONGRESS’’ 14 and all that follows through ‘‘For each fiscal 15 year’’ and inserting ‘‘ANNUAL REPORT TO CON16 GRESS.—For each fiscal year’’. 17 (4) REPORT TO PRESIDENT.—Section 105(a) of 18 the National Telecommunications and Information 19 Administration Organization Act (47 U.S.C. 904(a)) 20 is amended— 21 (A) by striking paragraph (2); and 22 (B) by redesignating paragraph (3) as 23 paragraph (2). 24 (5) EFFECT ON AUTHORITY.—Nothing in this 25 subsection or the amendments made by this subVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 375. 375 1 section may be construed to expand or contract the 2 authority of the Secretary, the Under Secretary, the 3 NTIA, or the Commission. 4 (6) OTHER REPORTS.—Nothing in this sub5 section or the amendments made by this subsection 6 may be construed to prohibit or otherwise prevent 7 the Secretary, the Under Secretary, the NTIA, or 8 the Commission from producing any additional re9 ports otherwise within the authority of the Sec10 retary, the Under Secretary, the NTIA, or the Com11 mission, respectively. 12 (b) CONSOLIDATED ANNUAL REPORT.— 13 (1) IN GENERAL.—In the first quarter of each 14 calendar year, the Under Secretary shall publish on 15 the website of the NTIA and submit to the Com16 mittee on Energy and Commerce of the House of 17 Representatives and the Committee on Commerce, 18 Science, and Transportation of the Senate a report 19 that contains the reports described in paragraph (2) 20 for the fiscal year ending most recently before the 21 beginning of such quarter. 22 (2) REPORTS DESCRIBED.—The reports de23 scribed in this paragraph are the following: 24 (A) The report required by section 25 903(c)(2)(C) of division FF of the Consolidated VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 376. 376 1 Appropriations Act, 2021 (47 U.S.C. 2 1307(c)(2)(C)). 3 (B) If amounts in the Public Wireless Sup4 ply Chain Innovation Fund established by sec5 tion 9202(a)(1)(A)(i) of the William M. (Mac) 6 Thornberry National Defense Authorization Act 7 for Fiscal Year 2021 (47 U.S.C. 8 906(a)(1)(A)(i)) were available for the fiscal 9 year described in paragraph (1) of this sub10 section, the report required by section 11 9202(a)(1)(G) of such Act (47 U.S.C. 12 906(a)(1)(G)). 13 (C) If the Under Secretary awarded grants 14 under section 60304(d)(1) of the Infrastructure 15 Investment and Jobs Act (47 U.S.C. 16 1723(d)(1)) in the fiscal year described in para17 graph (1) of this subsection, the report required 18 by section 60306(a)(1)(A) of such Act (47 19 U.S.C. 1725(a)(1)(A)). 20 (3) TIMING OF UNDERLYING REPORTING RE21 QUIREMENTS.— 22 (A) REPORT OF OFFICE OF INTERNET 23 CONNECTIVITY AND GROWTH.—Section 24 903(c)(2)(C) of division FF of the Consolidated VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 377. 377 1 Appropriations Act, 2021 (47 U.S.C. 2 1307(c)(2)(C)) is amended— 3 (i) in the matter preceding clause 4 (i)— 5 (I) by striking ‘‘Not later than 1 6 year after the date of the enactment 7 of this Act, and every year there8 after,’’ and inserting ‘‘In the first 9 quarter of each calendar year,’’; and 10 (II) by inserting ‘‘, for the fiscal 11 year ending most recently before the 12 beginning of such quarter,’’ after ‘‘a 13 report’’; and 14 (ii) in clause (i), by striking ‘‘for the 15 previous year’’. 16 (B) REPORT ON DIGITAL EQUITY GRANT 17 PROGRAMS.—Section 60306(a)(1) of the Infra18 structure Investment and Jobs Act (47 U.S.C. 19 1725(a)(1)) is amended— 20 (i) in the matter preceding subpara21 graph (A), by striking ‘‘Not later than 1 22 year’’ and all that follows through ‘‘shall— 23 ’’ and inserting the following: ‘‘For the 24 first fiscal year in which the Under Sec25 retary awards grants under section VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 378. 378 1 60304(d)(1), and each fiscal year there2 after in which the Under Secretary awards 3 grants under such section, the Under Sec4 retary shall—’’; and 5 (ii) in subparagraph (A)— 6 (I) by inserting ‘‘in the first 7 quarter of the first calendar year that 8 begins after the end of such fiscal 9 year,’’ before ‘‘submit’’; and 10 (II) by striking ‘‘, for the year 11 covered by the report’’. 12 (4) SATISFACTION OF UNDERLYING REPORTING 13 REQUIREMENTS.— 14 (A) IN GENERAL.—Except as provided in 15 subparagraph (B), the publication and submis16 sion of a report as required by paragraph (1) 17 in the first quarter of a calendar year shall be 18 treated as satisfying any requirement to publish 19 or otherwise make publicly available or to sub20 mit to Congress or to a committee of Congress 21 a report described in paragraph (2) for the fis22 cal year ending most recently before the begin23 ning of such quarter. 24 (B) CERTAIN SUBMISSION REQUIRE25 MENTS.—At the time when the Under Secretary VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 379. 379 1 submits a report required by paragraph (1) to 2 the committees described in such paragraph, 3 the Under Secretary shall submit any portion of 4 such report that relates to a report described in 5 paragraph (2)(C) to each committee of Con6 gress not described in paragraph (1) to which 7 such report would (without regard to subpara8 graph (A) of this paragraph) be required to be 9 submitted. 10 (5) APPLICABILITY.—Paragraph (1), and the 11 amendments made by paragraph (3), shall apply be12 ginning on January 1 of the first calendar year that 13 begins after the date of the enactment of this Act. 14 (c) EXTENSION OF CERTAIN AUDIT AND REPORTING 15 REQUIREMENTS.—Section 902(c)(4)(A) of division N of 16 the Consolidated Appropriations Act, 2021 (47 U.S.C. 17 1306(c)(4)(A)) is amended by striking ‘‘fiscal years 2021 18 and 2022’’ and inserting ‘‘fiscal years 2021, 2022, 2023, 19 and 2024’’. 20 (d) DEFINITION.—In this section, the term ‘‘Sec21 retary’’ means the Secretary of Commerce. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00379 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 380. 380 1 Subtitle B—Office of Spectrum 2 Management 3 SEC. 1921. OFFICE OF SPECTRUM MANAGEMENT. 4 Part A of the National Telecommunications and In5 formation Administration Organization Act (47 U.S.C. 6 901 et seq.) is amended by adding at the end the fol7 lowing: 8 ‘‘SEC. 106. OFFICE OF SPECTRUM MANAGEMENT. 9 ‘‘(a) ESTABLISHMENT.—There is established within 10 the NTIA an Office of Spectrum Management (in this sec11 tion referred to as the ‘Office’). 12 ‘‘(b) HEAD OF OFFICE.— 13 ‘‘(1) IN GENERAL.—The head of the Office 14 shall be an Associate Administrator for Spectrum 15 Management (in this section referred to as the ‘As16 sociate Administrator’). 17 ‘‘(2) REQUIREMENT TO REPORT.—The Asso18 ciate Administrator shall report to the Under Sec19 retary (or a designee of the Under Secretary). 20 ‘‘(c) DUTIES.—The Associate Administrator shall, at 21 the direction of the Under Secretary— 22 ‘‘(1) carry out responsibilities under section 23 103(b)(2)(A) (relating to frequency assignments for 24 radio stations belonging to and operated by the 25 United States), make frequency allocations for freVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 381. 381 1 quencies that will be used by such stations, and de2 velop and maintain techniques, databases, measure3 ments, files, and procedures necessary for such allo4 cations; 5 ‘‘(2) carry out responsibilities under section 6 103(b)(2)(K) (relating to establishing policies con7 cerning spectrum assignments and use by radio sta8 tions belonging to and operated by the United 9 States) and provide Federal agencies with guidance 10 to ensure that the conduct of telecommunications ac11 tivities by such agencies is consistent with such poli12 cies; 13 ‘‘(3) represent the interests of Federal agencies 14 in the process through which the Commission and 15 the NTIA jointly determine the National Table of 16 Frequency Allocations, and coordinate with the 17 Commission in the development of a comprehensive 18 long-range plan for improved management of all 19 electromagnetic spectrum resources; 20 ‘‘(4) appoint the chairpersons of and provide 21 secretariat functions for the Interdepartmental 22 Radio Advisory Committee and the Interagency 23 Spectrum Advisory Council; 24 ‘‘(5) carry out responsibilities under section 25 103(b)(2)(B) (relating to authorizing a foreign govVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 382. 382 1 ernment to construct and operate a radio station at 2 the seat of Government of the United States) and 3 assign frequencies for use by such stations; 4 ‘‘(6) provide advice and assistance to the Under 5 Secretary and coordinate with the Associate Admin6 istrator for International Affairs in carrying out 7 spectrum management aspects of the international 8 policy responsibilities of the NTIA, including spec9 trum-related responsibilities under section 10 103(b)(2)(G); 11 ‘‘(7) carry out spectrum-related responsibilities 12 under section 103(b)(2)(H) (relating to coordination 13 of the telecommunications activities of the executive 14 branch and assistance in the formulation of policies 15 and standards for such activities); 16 ‘‘(8) carry out spectrum-related responsibilities 17 under section 103(b)(2)(Q) (relating to certain ac18 tivities with respect to telecommunications re19 sources); and 20 ‘‘(9) carry out any other duties of the NTIA 21 with respect to spectrum policy that the Under Sec22 retary may designate.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 383. 383 1 Subtitle C—Office of International 2 Affairs 3 SEC. 1931. OFFICE OF INTERNATIONAL AFFAIRS. 4 Part A of the National Telecommunications and In5 formation Administration Organization Act (47 U.S.C. 6 901 et seq.), as amended by the preceding provisions of 7 this title, is further amended by adding at the end the 8 following: 9 ‘‘SEC. 107. OFFICE OF INTERNATIONAL AFFAIRS. 10 ‘‘(a) ESTABLISHMENT.—There is established within 11 the NTIA an Office of International Affairs (in this sec12 tion referred to as the ‘Office’). 13 ‘‘(b) HEAD OF OFFICE.— 14 ‘‘(1) IN GENERAL.—The head of the Office 15 shall be an Associate Administrator for International 16 Affairs (in this section referred to as the ‘Associate 17 Administrator’). 18 ‘‘(2) REQUIREMENT TO REPORT.—The Asso19 ciate Administrator shall report to the Under Sec20 retary (or a designee of the Under Secretary). 21 ‘‘(c) DUTIES.—The Associate Administrator shall, at 22 the direction of the Under Secretary— 23 ‘‘(1) in coordination with the Secretary of 24 State, conduct analysis of, review, and formulate VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 384. 384 1 international telecommunications and information 2 policy; 3 ‘‘(2) present on international telecommuni4 cations and information policy— 5 ‘‘(A) before the Commission, Congress, 6 and others; and 7 ‘‘(B) in coordination with the Secretary of 8 State, before international telecommunications 9 bodies, including the International Tele10 communication Union; 11 ‘‘(3) conduct or obtain analysis on economic 12 and other aspects of international telecommuni13 cations and information policy; 14 ‘‘(4) formulate, and recommend to the Under 15 Secretary, polices and plans with respect to prepara16 tion for and participation in international tele17 communications and information policy activities; 18 ‘‘(5) in coordination with the Secretary of 19 State, coordinate NTIA and interdepartmental eco20 nomic, technical, operational, and other preparations 21 related to participation by the United States in 22 international telecommunications and information 23 policy conferences and negotiations; 24 ‘‘(6) ensure NTIA representation with respect 25 to international telecommunications and information VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 385. 385 1 policy meetings and the activities related to prepara2 tion for such meetings; 3 ‘‘(7) in coordination with the Secretary of 4 State, coordinate with Federal agencies and private 5 organizations engaged in activities involving inter6 national telecommunications and information policy 7 matters and maintain cognizance of the activities of 8 United States signatories with respect to related 9 treaties, agreements, and other instruments; 10 ‘‘(8) provide advice and assistance related to 11 international telecommunications and information 12 policy to other Federal agencies charged with re13 sponsibility for international negotiations, to 14 strengthen the position and serve the best interests 15 of the United States in the conduct of negotiations 16 with foreign nations; 17 ‘‘(9) provide advice and assistance to the Under 18 Secretary with respect to evaluating the inter19 national impact of matters pending before the Com20 mission, other Federal agencies, and Congress; 21 ‘‘(10) carry out, at the request of the Secretary, 22 the responsibilities of the Secretary under the Com23 munications Satellite Act of 1962 (47 U.S.C. 701 et 24 seq.) and other Federal laws related to international 25 telecommunications and information policy; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 386. 386 1 ‘‘(11) carry out any other duties of the NTIA 2 with respect to international telecommunications and 3 information policy that the Under Secretary may 4 designate.’’. 5 DIVISION E—HEALTH 6 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 7 (a) SHORT TITLE.—This division may be cited as the 8 ‘‘Health Improvements, Extenders, and Reauthorizations 9 Act’’. 10 (b) TABLE OF CONTENTS.—The table of contents for 11 this division is as follows: Sec. 1. Short title; table of contents. TITLE I—MEDICAID Sec. 101. Streamlined enrollment process for eligible out-of-state providers under Medicaid and CHIP. Sec. 102. Making certain adjustments to coverage of home or community-based services under Medicaid. Sec. 103. Removing certain age restrictions on Medicaid eligibility for working adults with disabilities. Sec. 104. Medicaid State plan requirement for determining residency and coverage for military families. Sec. 105. Ensuring the reliability of address information provided under the Medicaid program. Sec. 106. Codifying certain Medicaid provider screening requirements related to deceased providers. Sec. 107. Modifying certain State requirements for ensuring deceased individuals do not remain enrolled. Sec. 108. One-year delay of Medicaid and CHIP requirements for health screenings, referrals, and case management services for eligible juveniles in public institutions; State interim work plans. Sec. 109. State studies and HHS report on costs of providing maternity, labor, and delivery services. Sec. 110. Modifying certain disproportionate share hospital allotments. Sec. 111. Modifying certain limitations on disproportionate share hospital payment adjustments under the Medicaid program. Sec. 112. Ensuring accurate payments to pharmacies under Medicaid. Sec. 113. Preventing the use of abusive spread pricing in Medicaid. TITLE II—MEDICARE VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00386 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 387. 387 Sec. 201. Extension of increased inpatient hospital payment adjustment for certain low-volume hospitals. Sec. 202. Extension of the Medicare-dependent hospital (MDH) program. Sec. 203. Extension of add-on payments for ambulance services. Sec. 204. Extending incentive payments for participation in eligible alternative payment models. Sec. 205. Temporary payment increase under the Medicare physician fee schedule to account for exceptional circumstances. Sec. 206. Extension of funding for quality measure endorsement, input, and selection. Sec. 207. Extension of funding outreach and assistance for low-income programs. Sec. 208. Extension of the work geographic index floor. Sec. 209. Extension of certain telehealth flexibilities. Sec. 210. Requiring modifier for use of telehealth to conduct face-to-face encounter prior to recertification of eligibility for hospice care. Sec. 211. Extending acute hospital care at home waiver flexibilities. Sec. 212. Enhancing certain program integrity requirements for DME under Medicare. Sec. 213. Guidance on furnishing services via telehealth to individuals with limited English proficiency. Sec. 214. In-home cardiopulmonary rehabilitation flexibilities. Sec. 215. Inclusion of virtual diabetes prevention program suppliers in MDPP Expanded Model. Sec. 216. Medication-induced movement disorder outreach and education. Sec. 217. Report on wearable medical devices. Sec. 218. Extension of temporary inclusion of authorized oral antiviral drugs as covered part D drugs. Sec. 219. Extension of adjustment to calculation of hospice cap amount. Sec. 220. Multiyear contracting authority for MedPAC and MACPAC. Sec. 221. Contracting parity for MedPAC and MACPAC. Sec. 222. Adjustments to Medicare part D cost-sharing reductions for low-income individuals. Sec. 223. Requiring Enhanced and Accurate Lists of (REAL) Health Providers Act. Sec. 224. Medicare coverage of multi-cancer early detection screening tests. Sec. 225. Medicare coverage of external infusion pumps and non-self-administrable home infusion drugs. Sec. 226. Assuring pharmacy access and choice for Medicare beneficiaries. Sec. 227. Modernizing and Ensuring PBM Accountability. Sec. 228. Requiring a separate identification number and an attestation for each off-campus outpatient department of a provider. Sec. 229. Medicare sequestration. Sec. 230. Medicare improvement fund. TITLE III—HUMAN SERVICES Subtitle A—Reauthorize Child Welfare Services and Strengthen State and Tribal Child Support Program Sec. 301. Short title. PART 1—CHILD WELFARE REAUTHORIZATION AND MODERNIZATION Sec. 311. Short title; references. Sec. 312. Reauthorization of child welfare programs. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00387 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 388. 388 Sec. 313. Enhancements to the court improvement program. Sec. 314. Expanding regional partnership grants to address parental substance use disorder as cause of child removal. Sec. 315. Modernization; reducing administrative burden. Sec. 316. Streamlining funding for Indian tribes. Sec. 317. Accelerating access to Family First prevention services. Sec. 318. Strengthening support for youth aging out of foster care. Sec. 319. Recognizing the importance of relative and kinship caregivers. Sec. 320. Avoiding neglect by addressing poverty. Sec. 321. Strengthening support for caseworkers. Sec. 322. Demonstration projects for improving relationships between incarcerated parents and children in foster care. Sec. 323. Guidance to States on improving data collection and reporting for youth in residential treatment programs. Sec. 324. Streamlining research, training, and technical assistance funding. Sec. 325. Report on post adoption and subsidized guardianship services. Sec. 326. Effective date. PART 2—STRENGTHENING STATE AND TRIBAL CHILD SUPPORT Sec. 331. Short title. Sec. 332. Improving the effectiveness of tribal child support enforcement agencies. Subtitle B—Other Matters Sec. 341. Sexual risk avoidance education extension. Sec. 342. Personal responsibility education extension. Sec. 343. Extension of funding for family-to-family health information centers. TITLE IV—PUBLIC HEALTH EXTENDERS Subtitle A—Extensions Sec. 401. Extension for community health centers, National Health Service Corps, and teaching health centers that operate GME programs. Sec. 402. Extension of special diabetes programs. Subtitle B—World Trade Center Health Program Sec. 411. 9/11 responder and survivor health funding corrections. TITLE V—SUPPORT ACT REAUTHORIZATION Sec. 501. Short title. Subtitle A—Prevention Sec. 511. Prenatal and postnatal health. Sec. 512. Monitoring and education regarding infections associated with illicit drug use and other risk factors. Sec. 513. Preventing overdoses of controlled substances. Sec. 514. Support for individuals and families impacted by fetal alcohol spectrum disorder. Sec. 515. Promoting state choice in PDMP systems. Sec. 516. First responder training program. Sec. 517. Donald J. Cohen National Child Traumatic Stress Initiative. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00388 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 389. 389 Sec. 518. Protecting suicide prevention lifeline from cybersecurity incidents. Sec. 519. Bruce’s law. Sec. 520. Guidance on at-home drug disposal systems. Sec. 521. Assessment of opioid drugs and actions. Sec. 522. Grant program for State and Tribal response to opioid use disorders. Subtitle B—Treatment Sec. 531. Residential treatment program for pregnant and postpartum women. Sec. 532. Improving access to addiction medicine providers. Sec. 533. Mental and behavioral health education and training grants. Sec. 534. Loan repayment program for substance use disorder treatment workforce. Sec. 535. Development and dissemination of model training programs for substance use disorder patient records. Sec. 536. Task force on best practices for trauma-informed identification, referral, and support. Sec. 537. Grants to enhance access to substance use disorder treatment. Sec. 538. State guidance related to individuals with serious mental illness and children with serious emotional disturbance. Sec. 539. Reviewing the scheduling of approved products containing a combination of buprenorphine and naloxone. Subtitle C—Recovery Sec. 541. Building communities of recovery. Sec. 542. Peer support technical assistance center. Sec. 543. Comprehensive opioid recovery centers. Sec. 544. Youth prevention and recovery. Sec. 545. CAREER Act. Sec. 546. Addressing economic and workforce impacts of the opioid crisis. Subtitle D—Miscellaneous Matters Sec. 551. Delivery of a controlled substance by a pharmacy to a prescribing practitioner. Sec. 552. Technical correction on controlled substances dispensing. Sec. 553. Required training for prescribers of controlled substances. Sec. 554. Extension of temporary order for fentanyl-related substances. TITLE VI—PANDEMIC AND ALL-HAZARDS PREPAREDNESS AND RESPONSE Sec. 601. Short title. Subtitle A—State and Local Readiness and Response Sec. 611. Temporary reassignment of State and local personnel during a public health emergency. Sec. 612. Public Health Emergency Preparedness program. Sec. 613. Hospital Preparedness Program. Sec. 614. Facilities and capacities of the Centers for Disease Control and Prevention to combat public health security threats. Sec. 615. Pilot program to support State medical stockpiles. Sec. 616. Enhancing domestic wastewater surveillance for pathogen detection. Sec. 617. Reauthorization of Mosquito Abatement for Safety and Health program. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00389 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 390. 390 Subtitle B—Federal Planning and Coordination Sec. 621. All-Hazards Emergency Preparedness and Response. Sec. 622. National Health Security Strategy. Sec. 623. Improving development and distribution of diagnostic tests. Sec. 624. Combating antimicrobial resistance. Sec. 625. Strategic National Stockpile and material threats. Sec. 626. Medical countermeasures for viral threats with pandemic potential. Sec. 627. Public Health Emergency Medical Countermeasures Enterprise. Sec. 628. Fellowship and training programs. Sec. 629. Regional biocontainment research laboratories. Sec. 629A. Limitation related to countries of concern conducting certain research. Subtitle C—Addressing the Needs of All Individuals Sec. 631. Improving access to certain programs. Sec. 632. Supporting at-risk individuals during emergency responses. Sec. 633. National advisory committees. Sec. 634. National Academies study on prizes. Subtitle D—Additional Reauthorizations Sec. 641. Medical countermeasure priority review voucher. Sec. 642. Epidemic Intelligence Service. Sec. 643. Monitoring and distribution of certain medical countermeasures. Sec. 644. Regional health care emergency preparedness and response systems. Sec. 645. Emergency system for advance registration of volunteer health professionals. Sec. 646. Ensuring collaboration and coordination in medical countermeasure development. Sec. 647. Military and civilian partnership for trauma readiness. Sec. 648. National Disaster Medical System. Sec. 649. Volunteer Medical Reserve Corps. Sec. 649A. Epidemiology-laboratory capacity. TITLE VII—PUBLIC HEALTH PROGRAMS Sec. 701. Action for dental health. Sec. 702. PREEMIE. Sec. 703. Preventing maternal deaths. Sec. 704. Sickle cell disease prevention and treatment. Sec. 705. Traumatic brain injuries. Sec. 706. Lifespan respite care. Sec. 707. Dr. Lorna Breen health care provider protection. Sec. 708. Gabriella Miller kids first research. Sec. 709. SCREENS for Cancer. Sec. 710. DeOndra Dixon INCLUDE Project. Sec. 711. IMPROVE Initiative. Sec. 712. Organ Procurement and Transplantation Network. Sec. 713. Honor Our Living Donors. Sec. 714. Program for pediatric studies of drugs. TITLE VIII—FOOD AND DRUG ADMINISTRATION Subtitle A—Give Kids a Chance VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00390 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 391. 391 Sec. 801. Research into pediatric uses of drugs; additional authorities of Food and Drug Administration regarding molecularly targeted cancer drugs. Sec. 802. Ensuring completion of pediatric study requirements. Sec. 803. FDA report on PREA enforcement. Sec. 804. Extension of authority to issue priority review vouchers to encourage treatments for rare pediatric diseases. Sec. 805. Limitations on exclusive approval or licensure of orphan drugs. Subtitle B—United States-Abraham Accords Cooperation and Security Sec. 811. Establishment of Abraham Accords Office within Food and Drug Administration. TITLE IX—LOWERING PRESCRIPTION DRUG COSTS Sec. 901. Oversight of pharmacy benefit management services. Sec. 902. Full rebate pass through to plan; exception for innocent plan fiduciaries. Sec. 903. Increasing transparency in generic drug applications. Sec. 904. Title 35 amendments. TITLE X—MISCELLANEOUS Sec. 1001. Two-year extension of safe harbor for absence of deductible for telehealth. Sec. 1002. Eligibility for FEHBP enrollment for Members of Congress. 1 TITLE I—MEDICAID 2 SEC. 101. STREAMLINED ENROLLMENT PROCESS FOR ELI3 GIBLE OUT-OF-STATE PROVIDERS UNDER 4 MEDICAID AND CHIP. 5 (a) IN GENERAL.—Section 1902(kk) of the Social Se6 curity Act (42 U.S.C. 1396a(kk)) is amended by adding 7 at the end the following new paragraph: 8 ‘‘(10) STREAMLINED ENROLLMENT PROCESS 9 FOR ELIGIBLE OUT-OF-STATE PROVIDERS.— 10 ‘‘(A) IN GENERAL.—The State— 11 ‘‘(i) adopts and implements a process 12 to allow an eligible out-of-State provider to 13 enroll under the State plan (or a waiver of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 392. 392 1 such plan) to furnish items and services to, 2 or order, prescribe, refer, or certify eligi3 bility for items and services for, qualifying 4 individuals without the imposition of 5 screening or enrollment requirements by 6 such State that exceed the minimum nec7 essary for such State to provide payment 8 to an eligible out-of-State provider under 9 such State plan (or a waiver of such plan), 10 such as the provider’s name and National 11 Provider Identifier (and such other infor12 mation specified by the Secretary); and 13 ‘‘(ii) provides that an eligible out-of14 State provider that enrolls as a partici15 pating provider in the State plan (or a 16 waiver of such plan) through such process 17 shall be so enrolled for a 5-year period, un18 less the provider is terminated or excluded 19 from participation during such period. 20 ‘‘(B) DEFINITIONS.—In this paragraph: 21 ‘‘(i) ELIGIBLE OUT-OF-STATE PRO22 VIDER.—The term ‘eligible out-of-State 23 provider’ means, with respect to a State, a 24 provider— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 393. 393 1 ‘‘(I) that is located in any other 2 State; 3 ‘‘(II) that— 4 ‘‘(aa) was determined by the 5 Secretary to have a limited risk 6 of fraud, waste, and abuse for 7 purposes of determining the level 8 of screening to be conducted 9 under section 1866(j)(2), has 10 been so screened under such sec11 tion 1866(j)(2), and is enrolled in 12 the Medicare program under title 13 XVIII; or 14 ‘‘(bb) was determined by the 15 State agency administering or su16 pervising the administration of 17 the State plan (or a waiver of 18 such plan) of such other State to 19 have a limited risk of fraud, 20 waste, and abuse for purposes of 21 determining the level of screening 22 to be conducted under paragraph 23 (1) of this subsection, has been 24 so screened under such para25 graph (1), and is enrolled under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 394. 394 1 such State plan (or a waiver of 2 such plan); and 3 ‘‘(III) that has not been— 4 ‘‘(aa) excluded from partici5 pation in any Federal health care 6 program pursuant to section 7 1128 or 1128A; 8 ‘‘(bb) excluded from partici9 pation in the State plan (or a 10 waiver of such plan) pursuant to 11 part 1002 of title 42, Code of 12 Federal Regulations (or any suc13 cessor regulation), or State law; 14 or 15 ‘‘(cc) terminated from par16 ticipating in a Federal health 17 care program or the State plan 18 (or a waiver of such plan) for a 19 reason described in paragraph 20 (8)(A). 21 ‘‘(ii) QUALIFYING INDIVIDUAL.—The 22 term ‘qualifying individual’ means an indi23 vidual under 21 years of age who is en24 rolled under the State plan (or waiver of 25 such plan). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00394 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 395. 395 1 ‘‘(iii) STATE.—The term ‘State’ 2 means 1 of the 50 States or the District 3 of Columbia.’’. 4 (b) CONFORMING AMENDMENTS.— 5 (1) Section 1902(a)(77) of the Social Security 6 Act (42 U.S.C. 1396a(a)(77)) is amended by insert7 ing ‘‘enrollment,’’ after ‘‘screening,’’. 8 (2) The subsection heading for section 9 1902(kk) of such Act (42 U.S.C. 1396a(kk)) is 10 amended by inserting ‘‘enrollment,’’ after ‘‘screen11 ing,’’. 12 (3) Section 2107(e)(1)(G) of such Act (42 13 U.S.C. 1397gg(e)(1)(G)) is amended by inserting 14 ‘‘enrollment,’’ after ‘‘screening,’’. 15 (c) EFFECTIVE DATE.—The amendments made by 16 this section shall take effect on the date that is 3 years 17 after the date of enactment of this Act. 18 SEC. 102. MAKING CERTAIN ADJUSTMENTS TO COVERAGE 19 OF HOME OR COMMUNITY-BASED SERVICES 20 UNDER MEDICAID. 21 (a) INCREASING TRANSPARENCY OF HCBS COV22 ERAGE UNDER MEDICAID.— 23 (1) IN GENERAL.—Section 1915(c) of the So24 cial Security Act (42 U.S.C. 1396n(c)) is amend25 ed— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 396. 396 1 (A) in paragraph (2)— 2 (i) in subparagraph (E)— 3 (I) by inserting ‘‘, not less fre4 quently than’’ before ‘‘annually’’; and 5 (II) by inserting ‘‘(including, 6 with respect to such information pro7 vided on or after July 9, 2027, the in8 formation specified in paragraph 9 (11))’’ before the period at the end; 10 and 11 (ii) by adding at the end the following 12 flush sentence: 13 ‘‘The Secretary shall make all information provided 14 under subparagraph (E) on or after the date of the 15 enactment of this sentence publicly available on the 16 website of the Centers for Medicare & Medicaid 17 Services.’’; and 18 (B) by adding at the end the following new 19 paragraph: 20 ‘‘(11) For purposes of paragraph (2)(E), the 21 information specified in this paragraph is the fol22 lowing: 23 ‘‘(A) In the case of a State that limits the 24 number of individuals who may be provided 25 home or community-based services under a VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 397. 397 1 waiver granted under this subsection and main2 tains a list of individuals waiting to enroll in 3 such waiver, a description of how the State 4 maintains such list, including— 5 ‘‘(i) information on whether the State 6 screens individuals on such list to deter7 mine whether such individuals are eligible 8 to receive such services under such waiver; 9 ‘‘(ii) information on whether (and, if 10 applicable, how often) the State periodi11 cally re-screens individuals on such list for 12 eligibility; 13 ‘‘(iii) the number of people on such 14 list of individuals waiting to enroll in such 15 waiver; and 16 ‘‘(iv) the average amount of time that 17 individuals newly enrolled in such waiver 18 within the past 12 months were on such 19 list of individuals waiting to enroll in such 20 waiver. 21 ‘‘(B) With respect to homemaker services, 22 home health aide services, personal care serv23 ices, and habilitation services furnished under 24 waivers under this subsection, by each such 25 service type— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 398. 398 1 ‘‘(i) for individuals newly receiving 2 such services within the past 12 months, 3 the average amount of time (which may be 4 determined using statistically valid random 5 sampling of such individuals) from when 6 such services are initially approved for 7 such an individual to when such individual 8 begins receiving such services; and 9 ‘‘(ii) the percentage of authorized 10 hours (which may be determined using sta11 tistically valid random sampling of individ12 uals authorized to receive such services) 13 that are provided within the past 12 14 months.’’. 15 (2) CONFORMING AMENDMENTS.—Section 1915 16 of the Social Security Act (42 U.S.C. 1396n) is 17 amended— 18 (A) in subsection (i) by adding at the end 19 the following new paragraph: 20 ‘‘(8) REPORTING REQUIREMENT.—With respect 21 to homemaker services, home health aide services, 22 personal care services, and habilitation services pro23 vided under this subsection on or after July 9, 2027, 24 the State, not less frequently than annually, shall 25 provide to the Secretary the same information reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 399. 399 1 garding such services as the State is required to pro2 vide under subsection (c)(11)(B).’’; 3 (B) in subsection (j)(2)(E), by inserting 4 after the second sentence the following: ‘‘With 5 respect to any homemaker services, home health 6 aide services, personal care services, and habili7 tation services provided under this subsection 8 on or after July 9, 2027, the State, not less fre9 quently than annually, shall provide to the Sec10 retary the same information regarding such 11 services as the State is required to provide 12 under subsection (c)(11)(B).’’; and 13 (C) in subsection (k)(3)(E)— 14 (i) by striking ‘‘and’’ after ‘‘the cost 15 of such services and supports,’’; and 16 (ii) by inserting before the period, the 17 following: ‘‘, and with respect to home18 maker services, home health aide services, 19 personal care services, and habilitation 20 services provided under this subsection on 21 or after July 9, 2027, not less frequently 22 than annually, the same information re23 garding such services as the State is re24 quired to provide under subsection 25 (c)(11)(B)’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 400. 400 1 (b) DEMONSTRATION PROGRAM TO EXPAND HCBS 2 COVERAGE UNDER SECTION 1915(C) WAIVERS.—Section 3 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)), 4 as amended by subsection (a), is further amended— 5 (1) in paragraph (2)(E), by inserting ‘‘, and the 6 information specified in paragraph (12)(C)(v), when 7 applicable’’ after ‘‘paragraph (11)’’; and 8 (2) by adding at the end the following new 9 paragraph: 10 ‘‘(12) DEMONSTRATION PROGRAM TO EXPAND 11 COVERAGE FOR HOME OR COMMUNITY-BASED SERV12 ICES.— 13 ‘‘(A) IN GENERAL.— 14 ‘‘(i) APPROVAL.—Not later than 24 15 months after the date on which the plan16 ning grants under subparagraph (B) are 17 awarded, notwithstanding paragraph (1), 18 the Secretary may approve a waiver that is 19 standalone from any other waiver approved 20 under this subsection for not more than 5 21 States, selected in accordance with clause 22 (ii), to include as medical assistance under 23 the State plan of such State, for the 3-year 24 period beginning on the date of such ap25 proval, payment for part or all of the cost VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 401. 401 1 of home or community-based services 2 (other than room and board (as described 3 in paragraph (1))) approved by the Sec4 retary which are provided pursuant to a 5 written plan of care to individuals de6 scribed in subparagraph (C)(iii). 7 ‘‘(ii) SELECTION CRITERIA.—In se8 lecting States for purposes of clause (i), 9 the Secretary shall— 10 ‘‘(I) only select States that re11 ceived a planning grant under sub12 paragraph (B); 13 ‘‘(II) only select States that meet 14 the requirements specified in subpara15 graph (C) and such other require16 ments as the Secretary may determine 17 appropriate; 18 ‘‘(III) select States in a manner 19 that ensures geographic diversity; 20 ‘‘(IV) give preference to States 21 with a higher percentage (relative to 22 other States that apply to be selected 23 for purposes of clause (i)) of the total 24 State population residing in rural VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 402. 402 1 areas (as determined by the Sec2 retary); 3 ‘‘(V) give preference to States 4 that have demonstrated more progress 5 in rebalancing long-term services and 6 supports systems under this title, as 7 determined based on the relative share 8 of individuals who use home or com9 munity-based services (as defined by 10 the Secretary) under this title as a 11 percentage of total individuals who 12 use long-term services and supports 13 (as defined by the Secretary) under 14 this title (in the most recent year for 15 which such data is available); and 16 ‘‘(VI) give preference to States 17 that pursue a waiver under this para18 graph that incorporates the provision 19 of mental health services for adults 20 with serious mental illness, children 21 with serious emotional disturbances, 22 or individuals with substance use dis23 order. 24 ‘‘(B) PLANNING GRANTS.— 25 ‘‘(i) IN GENERAL.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 403. 403 1 ‘‘(I) APPROVAL.—Not later than 2 18 months after the date of the enact3 ment of this paragraph, the Secretary 4 shall award planning grants of not 5 more than $5,000,000 each to not 6 more than 10 States for purposes of 7 preparing to submit a request for a 8 waiver under this subsection (includ9 ing for costs to implement the waiver 10 or other activities to expand the provi11 sion of home or community-based 12 services under this section) to provide 13 home or community-based services to 14 individuals described in subparagraph 15 (C)(iii). 16 ‘‘(II) SELECTION CRITERIA.—In 17 awarding planning grants under sub18 clause (I), the Secretary shall use the 19 selection criteria specified in sub20 clauses (III) through (VI) of subpara21 graph (A)(ii). 22 ‘‘(ii) CONSULTATION.—A State that is 23 awarded a planning grant under clause (i) 24 shall, in preparing to submit a request for VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 404. 404 1 a waiver described in such clause, consult 2 with— 3 ‘‘(I) individuals in need of (and 4 not receiving) home or community5 based services, individuals receiving 6 home or community-based services, 7 and the caregivers of such individuals; 8 ‘‘(II) providers furnishing home 9 or community-based services; and 10 ‘‘(III) such other stakeholders, as 11 the Secretary may specify. 12 ‘‘(C) STATE REQUIREMENTS.—In addition 13 to the requirements specified under this sub14 section (except for the requirements described 15 in subparagraphs (C) and (D) of paragraph (2) 16 and any other requirement the Secretary deter17 mines to be inapplicable in the context of a 18 waiver relation to individuals who do not re19 quire the level of care described in paragraph 20 (1)), the requirements specified in this para21 graph are, with respect to a State, the fol22 lowing: 23 ‘‘(i) As of the date that such State re24 quests a waiver under this subsection to 25 provide home or community-based services VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 405. 405 1 to individuals described in clause (iii), all 2 other waivers (if any) granted under this 3 subsection to such State meet the require4 ments of this subsection. 5 ‘‘(ii) The State demonstrates to the 6 Secretary that approval of a waiver under 7 this subsection with respect to individuals 8 described in clause (iii) will not result in a 9 material increase of the average amount of 10 time that individuals with respect to whom 11 a determination described in paragraph (1) 12 has been made will need to wait to receive 13 home or community-based services under 14 any waiver granted under this subsection, 15 as determined by the Secretary. 16 ‘‘(iii) The State establishes needs17 based criteria, subject to the approval of 18 the Secretary, to identify individuals for 19 whom a determination described in para20 graph (1) is not applicable, who will be eli21 gible for home or community-based serv22 ices under a waiver approved under this 23 paragraph, and specifies the home or com24 munity-based services such individuals so 25 eligible will receive. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 406. 406 1 ‘‘(iv) The State established needs2 based criteria for determining whether an 3 individual described in clause (iii) requires 4 the level of care provided in a hospital, 5 nursing facility, or an intermediate care fa6 cility for individuals with developmental 7 disabilities under the State plan or under 8 any waiver of such plan that are more 9 stringent than the needs-based criteria es10 tablished under clause (iii) for determining 11 eligibility for home or community-based 12 services. 13 ‘‘(v) The State attests that the State’s 14 average per capita expenditure for medical 15 assistance under the State plan (or waiver 16 of such plan) provided with respect to such 17 individuals enrolled in a waiver under this 18 paragraph will not exceed the State’s aver19 age per capita expenditures for medical as20 sistance for individuals receiving institu21 tional care under the State plan (or waiver 22 of such plan) for the duration that the 23 waiver under this paragraph is in effect. 24 ‘‘(vi) The State provides to the Sec25 retary data (in such form and manner as VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 407. 407 1 the Secretary may specify) regarding the 2 number of individuals described in clause 3 (i) with respect to a State seeking approval 4 of a waiver under this subsection, to whom 5 the State will make such services available 6 under such waiver. 7 ‘‘(vii) The State agrees to provide to 8 the Secretary, not less frequently than an9 nually, data for purposes of paragraph 10 (2)(E) (in such form and manner as the 11 Secretary may specify) regarding, with re12 spect to each preceding year in which a 13 waiver under this subsection to provide 14 home and community-based services to in15 dividuals described in clause (iii) was in ef16 fect— 17 ‘‘(I) the cost (as such term is de18 fined by the Secretary) of such serv19 ices furnished to individuals described 20 in clause (iii), broken down by type of 21 service; 22 ‘‘(II) with respect to each type of 23 home and community-based service 24 provided under the waiver, the length VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 408. 408 1 of time that such individuals have re2 ceived such service; 3 ‘‘(III) a comparison between the 4 data described in subclause (I) and 5 any comparable data available with 6 respect to individuals with respect to 7 whom a determination described in 8 paragraph (1) has been made and 9 with respect to individuals receiving 10 institutional care under this title; and 11 ‘‘(IV) the number of individuals 12 who have received home and commu13 nity-based services under the waiver 14 during the preceding year.’’. 15 (c) NON-APPLICATION OF THE PAPERWORK REDUC16 TION ACT.—Chapter 35 of title 44, United States Code 17 (commonly referred to as the ‘‘Paperwork Reduction Act 18 of 1995’’), shall not apply to the implementation of the 19 amendments made by subsections (a) and (b). 20 (d) CMS GUIDANCE TO STATES ON INTERIM COV21 ERAGE UNDER SECTION 1915 HOME AND COMMUNITY22 BASED SERVICES AUTHORITIES.—Not later than January 23 1, 2027, the Secretary of Health and Human Services 24 shall issue guidance to the States to clarify how a State 25 may provide, with respect to an individual who is eligible VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 409. 409 1 for home and community-based services under section 2 1915 of the Social Security Act (42 U.S.C. 1396n), cov3 erage of such services pursuant to a provisional written 4 plan of care, pending finalization, with respect to such in5 dividual. 6 (e) FUNDING.— 7 (1) IN GENERAL.—There are appropriated, out 8 of any funds in the Treasury not otherwise obli9 gated, $71,000,000 for fiscal year 2025, to remain 10 available until expended, to the Secretary of Health 11 and Human Services for purposes of carrying out 12 subsection (d) and the amendments made by sub13 section (b). 14 (2) RESERVATION FOR PLANNING GRANTS.—Of 15 the amount appropriated under paragraph (1), the 16 Secretary of Health and Human Services shall re17 serve $50,000,000 of such amount to award plan18 ning grants under the demonstration program estab19 lished by the amendments made by subsection (b). 20 SEC. 103. REMOVING CERTAIN AGE RESTRICTIONS ON MED21 ICAID ELIGIBILITY FOR WORKING ADULTS 22 WITH DISABILITIES. 23 (a) MODIFICATION OF OPTIONAL BUY-IN GROUPS.— 24 (1) IN GENERAL.—Section 25 1902(a)(10)(A)(ii)(XV) of the Social Security Act VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 410. 410 1 (42 U.S.C. 1396a(a)(10)(A)(ii)(XV)) is amended by 2 striking ‘‘but less than 65,’’. 3 (2) DEFINITION MODIFICATION.—Section 4 1905(v)(1)(A) of the Social Security Act (42 U.S.C. 5 1396d(v)(1)(A)) is amended by striking ‘‘, but less 6 than 65,’’. 7 (b) APPLICATION TO CERTAIN STATES.—A State 8 that, as of the date of enactment of this Act, provides for 9 making medical assistance available to individuals de10 scribed in subclause (XV) or (XVI) of section 11 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 12 1396a(a)(10)(A)(ii)) shall not be regarded as failing to 13 comply with the requirements of either such subclause (as 14 amended by subsection (a)(1)) or with section 15 1905(v)(1)(A) of the Social Security Act (42 U.S.C. 16 1396d(v)(1)(A)) (as amended by subsection (a)(2)) before 17 January 1, 2027. 18 SEC. 104. MEDICAID STATE PLAN REQUIREMENT FOR DE19 TERMINING RESIDENCY AND COVERAGE FOR 20 MILITARY FAMILIES. 21 (a) IN GENERAL.—Section 1902 of the Social Secu22 rity Act (42 U.S.C. 1396a) is amended— 23 (1) in subsection (a)— 24 (A) in paragraph (86), by striking ‘‘and’’ 25 at the end; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 411. 411 1 (B) in paragraph (87), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 3 (C) by inserting after paragraph (87), the 4 following new paragraph: 5 ‘‘(88) beginning January 1, 2028, provide, with 6 respect to an active duty relocated individual (as de7 fined in subsection (uu)(1))— 8 ‘‘(A) that, for purposes of determining eli9 gibility for medical assistance under the State 10 plan (or waiver of such plan), such active duty 11 relocated individual is treated as a resident of 12 the State unless such individual voluntarily 13 elects not to be so treated for such purposes; 14 ‘‘(B) that if, at the time of relocation (as 15 described in subsection (uu)(1)), such active 16 duty relocated individual is on a home and com17 munity-based services waiting list (as defined in 18 subsection (uu)(2)), such individual remains on 19 such list until— 20 ‘‘(i) the State completes an assess21 ment and renders a decision with respect 22 to the eligibility of such individual to re23 ceive the relevant home and community24 based services at the time a slot for such 25 services becomes available and, in the case VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 412. 412 1 such decision is a denial of such eligibility, 2 such individual has exhausted the individ3 ual’s opportunity for a fair hearing; or 4 ‘‘(ii) such individual elects to be re5 moved from such list; and 6 ‘‘(C) payment for medical assistance fur7 nished under the State plan (or a waiver of the 8 plan) on behalf of such active duty relocated in9 dividual in the military service relocation State 10 (as referred to in subsection (uu)(1)(B)(i)), to 11 the extent that such assistance is available in 12 such military service relocation State in accord13 ance with such guidance as the Secretary may 14 issue to ensure access to such assistance.’’; and 15 (2) by adding at the end the following new sub16 section: 17 ‘‘(uu) ACTIVE DUTY RELOCATED INDIVIDUAL; HOME 18 AND COMMUNITY-BASED SERVICES WAITING LIST.—For 19 purposes of subsection (a)(88) and this subsection: 20 ‘‘(1) ACTIVE DUTY RELOCATED INDIVIDUAL.— 21 The term ‘active duty relocated individual’ means an 22 individual— 23 ‘‘(A) who— 24 ‘‘(i) is enrolled under the State plan 25 (or waiver of such plan); or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 413. 413 1 ‘‘(ii) with respect to an individual de2 scribed in subparagraph (C)(ii), would be 3 so enrolled pursuant to subsection 4 (a)(10)(A)(ii)(VI) if such individual began 5 receiving home and community-based serv6 ices; 7 ‘‘(B) who— 8 ‘‘(i) is a member of the Armed Forces 9 engaged in active duty service and is relo10 cated to another State (in this subsection 11 referred to as the ‘military service reloca12 tion State’) by reason of such service; 13 ‘‘(ii) would be described in clause (i) 14 except that the individual stopped being 15 engaged in active duty service (including 16 by reason of retirement from such service) 17 and the last day on which the individual 18 was engaged in active duty service oc19 curred not more than 12 months ago; or 20 ‘‘(iii) is a dependent (as defined by 21 the Secretary) of a member described in 22 clause (i) or (ii) who relocates to the mili23 tary service relocation State with such 24 member; and 25 ‘‘(C) who— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 414. 414 1 ‘‘(i) was receiving home and commu2 nity-based services (as defined in section 3 9817(a)(2)(B) of the American Rescue 4 Plan Act of 2021) at the time of such relo5 cation; or 6 ‘‘(ii) if the State maintains a home 7 and community-based services waiting list, 8 was on such home and community-based 9 services waiting list at the time of such re10 location. 11 ‘‘(2) HOME AND COMMUNITY-BASED SERVICES 12 WAITING LIST.—The term ‘home and community13 based services waiting list’ means, in the case of a 14 State that has a limit on the number of individuals 15 who may receive home and community-based services 16 under section 1115(a), section 1915(c), or section 17 1915(j), a list maintained by such State of individ18 uals who are requesting to receive such services 19 under 1 or more such sections but for whom the 20 State has not yet completed an assessment and ren21 dered a decision with respect to the eligibility of 22 such individuals to receive the relevant home and 23 community-based services at the time a slot for such 24 services becomes available due to such limit.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 415. 415 1 (b) IMPLEMENTATION FUNDING.—There are appro2 priated, out of any funds in the Treasury not otherwise 3 obligated, $1,000,000 for each of fiscal years 2025 4 through 2029, to remain available until expended, to the 5 Secretary of Health and Human Services for purposes of 6 implementing the amendments made by subsection (a). 7 SEC. 105. ENSURING THE RELIABILITY OF ADDRESS INFOR8 MATION PROVIDED UNDER THE MEDICAID 9 PROGRAM. 10 (a) IN GENERAL.—Section 1902(a) of the Social Se11 curity Act (42 U.S.C. 1396a(a)), as previously amended 12 by this title, is amended— 13 (1) in paragraph (87), by striking ‘‘and’’ at the 14 end; 15 (2) in paragraph (88), by striking the period at 16 the end and inserting ‘‘; and’’; and 17 (3) by inserting after paragraph (88) the fol18 lowing new paragraph: 19 ‘‘(89) beginning January 1, 2026, provide for a 20 process to regularly obtain address information for 21 individuals enrolled under such plan (or a waiver of 22 such plan) from reliable data sources (as described 23 in section 435.919(f)(1)(iii) of title 42, Code of Fed24 eral Regulations (or a successor regulation)) and act 25 on any changes to such an address based on such inVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 416. 416 1 formation in accordance with such section (or suc2 cessor regulation), except that this paragraph shall 3 only apply in the case of the 50 States and the Dis4 trict of Columbia.’’. 5 (b) APPLICATION TO CHIP.—Section 2107(e)(1) of 6 the Social Security Act (42 U.S.C. 1397gg(e)(1)) is 7 amended— 8 (1) by redesignating subparagraphs (H) 9 through (U) as subparagraphs (I) through (V), re10 spectively; and 11 (2) by inserting after subparagraph (G) the fol12 lowing new subparagraph: 13 ‘‘(H) Section 1902(a)(89) (relating to reg14 ularly obtaining address information for enroll15 ees).’’. 16 (c) ENSURING TRANSMISSION OF ADDRESS INFOR17 MATION FROM MANAGED CARE ORGANIZATIONS.—Sec18 tion 1932 of the Social Security Act (42 U.S.C. 1396u– 19 2) is amended by adding at the end the following new sub20 section: 21 ‘‘(j) TRANSMISSION OF ADDRESS INFORMATION.— 22 Beginning January 1, 2026, each contract under a State 23 plan with a managed care entity under section 1903(m) 24 shall provide that the entity transmits to the State any 25 address information for an individual enrolled with the enVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 417. 417 1 tity that is provided to such entity directly from, or 2 verified by such entity directly with, such individual.’’. 3 SEC. 106. CODIFYING CERTAIN MEDICAID PROVIDER 4 SCREENING REQUIREMENTS RELATED TO 5 DECEASED PROVIDERS. 6 Section 1902(kk)(1) of the Social Security Act (42 7 U.S.C. 1396a(kk)(1)) is amended— 8 (1) by striking ‘‘The State’’ and inserting: 9 ‘‘(A) IN GENERAL.—The State’’; and 10 (2) by adding at the end the following new sub11 paragraph: 12 ‘‘(B) ADDITIONAL PROVIDER SCREEN13 ING.—Beginning January 1, 2027, as part of 14 the enrollment (or reenrollment or revalidation 15 of enrollment) of a provider or supplier under 16 this title, and not less frequently than quarterly 17 during the period that such provider or supplier 18 is so enrolled, the State conducts a check of the 19 Death Master File (as such term is defined in 20 section 203(d) of the Bipartisan Budget Act of 21 2013) to determine whether such provider or 22 supplier is deceased.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 418. 418 1 SEC. 107. MODIFYING CERTAIN STATE REQUIREMENTS FOR 2 ENSURING DECEASED INDIVIDUALS DO NOT 3 REMAIN ENROLLED. 4 Section 1902 of the Social Security Act (42 U.S.C. 5 1396a), as previously amended by this title, is amended— 6 (1) in subsection (a)— 7 (A) in paragraph (88), by striking ‘‘; and’’ 8 and inserting a semicolon; 9 (B) in paragraph (89), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 11 (C) by inserting after paragraph (89) the 12 following new paragraph: 13 ‘‘(90) provide that the State shall comply with 14 the eligibility verification requirements under sub15 section (vv), except that this paragraph shall apply 16 only in the case of the 50 States and the District 17 of Columbia.’’; and 18 (2) by adding at the end the following new sub19 section: 20 ‘‘(vv) VERIFICATION OF CERTAIN ELIGIBILITY CRI21 TERIA.— 22 ‘‘(1) IN GENERAL.—For purposes of subsection 23 (a)(90), the eligibility verification requirements, be24 ginning January 1, 2026, are as follows: 25 ‘‘(A) QUARTERLY SCREENING TO VERIFY 26 ENROLLEE STATUS.—The State shall, not less VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 419. 419 1 frequently than quarterly, review the Death 2 Master File (as such term is defined in section 3 203(d) of the Bipartisan Budget Act of 2013) 4 to determine whether any individuals enrolled 5 for medical assistance under the State plan (or 6 waiver of such plan) are deceased. 7 ‘‘(B) DISENROLLMENT UNDER STATE 8 PLAN.—If the State determines, based on infor9 mation obtained from the Death Master File, 10 that an individual enrolled for medical assist11 ance under the State plan (or waiver of such 12 plan) is deceased, the State shall— 13 ‘‘(i) treat such information as factual 14 information confirming the death of a ben15 eficiary for purposes of section 431.213(a) 16 of title 42, Code of Federal Regulations (or 17 any successor regulation); 18 ‘‘(ii) disenroll such individual from the 19 State plan (or waiver of such plan); and 20 ‘‘(iii) discontinue any payments for 21 medical assistance under this title made on 22 behalf of such individual (other than pay23 ments for any items or services furnished 24 to such individual prior to the death of 25 such individual). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 420. 420 1 ‘‘(C) REINSTATEMENT OF COVERAGE IN 2 THE EVENT OF ERROR.—If a State determines 3 that an individual was misidentified as deceased 4 based on information obtained from the Death 5 Master File, and was erroneously disenrolled 6 from medical assistance under the State plan 7 (or waiver of such plan) based on such 8 misidentification, the State shall immediately 9 reenroll such individual under the State plan 10 (or waiver of such plan), retroactive to the date 11 of such disenrollment. 12 ‘‘(2) RULE OF CONSTRUCTION.—Nothing under 13 this subsection shall be construed to preclude the 14 ability of a State to use other electronic data sources 15 to timely identify potentially deceased beneficiaries, 16 so long as the State is also in compliance with the 17 requirements of this subsection (and all other re18 quirements under this title relating to Medicaid eli19 gibility determination and redetermination).’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 421. 421 1 SEC. 108. ONE-YEAR DELAY OF MEDICAID AND CHIP RE2 QUIREMENTS FOR HEALTH SCREENINGS, RE3 FERRALS, AND CASE MANAGEMENT SERV4 ICES FOR ELIGIBLE JUVENILES IN PUBLIC 5 INSTITUTIONS; STATE INTERIM WORK PLANS. 6 (a) IN GENERAL.—Section 5121(d) of subtitle C of 7 title V of division FF of the Consolidated Appropriations 8 Act, 2023 (Public Law 117–328) is amended— 9 (1) by striking ‘‘The amendments made by this 10 section’’ and inserting the following: 11 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 12 the amendments made by this section’’; and 13 (2) by adding at the end the following new 14 paragraph: 15 ‘‘(2) DELAY OF DATE BY WHICH STATES MUST 16 COMPLY WITH CERTAIN JUVENILE JUSTICE-RE17 LATED REQUIREMENTS.—A State shall not be re18 garded as failing to comply with the requirements of 19 section 1902(a)(84)(D) or 2102(d)(2) of the Social 20 Security Act (42 U.S.C. 1396a(a)(84)(D), 21 1397bb(d)(2)) before January 1, 2026.’’. 22 (b) CLARIFYING NONAPPLICATION OF REQUIRE23 MENTS TO INDIVIDUALS IN FEDERAL CUSTODY.— 24 (1) MEDICAID.— 25 (A) Subparagraph (D) of section 26 1902(a)(84) of the Social Security Act (42 VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 422. 422 1 U.S.C. 1396a(a)(84)), as added by section 5121 2 of subtitle C of title V of division FF of the 3 Consolidated Appropriations Act, 2023 (Public 4 Law 117–328), is amended by striking ‘‘an in5 dividual who is an eligible juvenile’’ and insert6 ing ‘‘an individual (other than an individual 7 who is in Federal custody, including as an in8 mate in a Federal prison) who is an eligible ju9 venile’’. 10 (B) Section 5122(a) of subtitle C of title 11 V of division FF of the Consolidated Appropria12 tions Act, 2023 (Public Law 117–328) is 13 amended— 14 (i) by striking ‘‘paragraph (31)’’ each 15 place it appears and inserting ‘‘the last 16 numbered paragraph’’; and 17 (ii) in paragraph (1), by striking ‘‘an 18 individual who is an eligible juvenile’’ and 19 inserting ‘‘an individual (other than an in20 dividual who is in Federal custody, includ21 ing as an inmate in a Federal prison) who 22 is an eligible juvenile’’. 23 (2) CHIP.— 24 (A) Subsection (d)(2) of section 2102 of 25 the Social Security Act (42 U.S.C. 1397bb), as VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 423. 423 1 added by section 5121 of subtitle C of title V 2 of division FF of the Consolidated Appropria3 tions Act, 2023 (Public Law 117–328), is 4 amended by striking ‘‘a targeted low-income 5 child who’’ and inserting ‘‘a targeted low in6 come child (other than a child who is in Federal 7 custody, including as an inmate in a Federal 8 prison) who’’. 9 (B) Section 5122(b)(2) of subtitle C of 10 title V of division FF of the Consolidated Ap11 propriations Act, 2023 (Public Law 117–328) 12 is amended by striking ‘‘a child who is’’ and in13 serting ‘‘a child (other than a child who is in 14 Federal custody, including as an inmate in a 15 Federal prison) who is’’. 16 (3) EFFECTIVE DATE.—The amendments made 17 by this subsection shall take effect as if enacted on 18 December 29, 2022. 19 (c) INTERIM WORK PLAN.—Not later than June 30, 20 2025, each State (as such term is defined in section 21 1101(a)(1) of the Social Security Act (42 U.S.C. 22 1301(a)(1)) for purposes of titles XIX and XXI of such 23 Act) shall submit to the Secretary of Health and Human 24 Services an interim work plan, in such form and con25 taining such information as the Secretary may specify, deVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 424. 424 1 scribing the State’s progress towards implementing, and 2 its plans to come into compliance with, the requirements 3 imposed by the amendments made by section 5121 of sub4 title C of title V of division FF of the Consolidated Appro5 priations Act, 2023 (Public Law 117–328), consistent 6 with the guidance issued by the Centers for Medicare & 7 Medicaid Services in State Health Official Letter #24– 8 004 on July 23, 2024. 9 SEC. 109. STATE STUDIES AND HHS REPORT ON COSTS OF 10 PROVIDING MATERNITY, LABOR, AND DELIV11 ERY SERVICES. 12 (a) STATE STUDY.— 13 (1) IN GENERAL.—Not later than 24 months 14 after the date of enactment of this Act, and every 15 5 years thereafter, each State (as such term is de16 fined in section 1101(a)(1) of the Social Security 17 Act (42 U.S.C. 1301(a)(1)) for purposes of titles 18 XIX and XXI of such Act) shall conduct a study on 19 the costs of providing maternity, labor, and delivery 20 services in applicable hospitals (as defined in para21 graph (3)) and submit the results of such study to 22 the Secretary of Health and Human Services (re23 ferred to in this section as the ‘‘Secretary’’). 24 (2) CONTENT OF STUDY.—A State study re25 quired under paragraph (1) shall include the folVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00424 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 425. 425 1 lowing information (to the extent practicable) with 2 respect to maternity, labor, and delivery services fur3 nished by applicable hospitals located in the State: 4 (A) An estimate of the cost of providing 5 maternity, labor, and delivery services at appli6 cable hospitals, based on the expenditures a 7 representative sample of such hospitals incurred 8 for providing such services during the 2 most 9 recent years for which data is available. 10 (B) An estimate of the cost of providing 11 maternity, labor, and delivery services at appli12 cable hospitals that ceased providing labor and 13 delivery services within the past 5 years, based 14 on the expenditures a representative sample of 15 such hospitals incurred for providing such serv16 ices during the 2 most recent years for which 17 data is available. 18 (C) To the extent data allows, an analysis 19 of the extent to which geographic location, com20 munity demographics, and local economic fac21 tors (as defined by the Secretary) affect the 22 cost of providing maternity, labor, and delivery 23 services at applicable hospitals, including the 24 cost of services that support the provision of 25 maternity, labor, and delivery services. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 426. 426 1 (D) The amounts applicable hospitals are 2 paid for maternity, labor, and delivery services, 3 by geographic location and hospital size, 4 under— 5 (i) Medicare; 6 (ii) the State Medicaid program, in7 cluding payment amounts for such services 8 under fee-for-service payment arrange9 ments and under managed care (as appli10 cable); 11 (iii) the State CHIP plan, including 12 payment amounts for such services under 13 fee-for-service payment arrangements and 14 under managed care (as applicable); and 15 (iv) private health insurance. 16 (E) A comparative payment rate anal17 ysis— 18 (i) comparing payment rates for ma19 ternity, labor, and delivery services (inclu20 sive of all payments received by applicable 21 hospitals for furnishing maternity, labor, 22 and delivery services) under the State 23 Medicaid fee-for-service program to such 24 payment rates for such services under 25 Medicare (as described in section VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00426 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 427. 427 1 447.203(b)(3) of title 42, Code of Federal 2 Regulations), other Federally-funded or 3 State-funded programs (including, to the 4 extent data is available, Medicaid managed 5 care rates), and to the payment rates for 6 such services, to the extent data is avail7 able, of private health insurers within geo8 graphic areas of the State; and 9 (ii) analyzing different payment meth10 ods for such services, such as the use of 11 bundled payments, quality incentives, and 12 low-volume adjustments. 13 (F) An evaluation, using such methodology 14 and parameters established by the Secretary, of 15 whether each hospital located in the State that 16 furnishes maternity, labor, and delivery services 17 is expected to experience in the next 3 years 18 significant changes in particular expenditures 19 or types of reimbursement for maternity, labor, 20 and delivery services. 21 (3) APPLICABLE HOSPITAL DEFINED.—For 22 purposes of this subsection, the term ‘‘applicable 23 hospital’’ means any hospital located in a State that 24 meets either of the following criteria: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 428. 428 1 (A) The hospital provides labor and deliv2 ery services and more than 50 percent of the 3 hospital’s births (in the most recent year for 4 which such data is available) are financed by 5 the Medicaid program or CHIP. 6 (B) The hospital— 7 (i) is located in a rural area (as de8 fined by the Federal Office of Rural 9 Health Policy for the purpose of rural 10 health grant programs administered by 11 such Office); 12 (ii) based on the most recent 2 years 13 of data available (as determined by the 14 Secretary), furnished services for less than 15 an average of 300 births per year; and 16 (iii) provides labor and delivery serv17 ices. 18 (4) ASSISTANCE TO SMALL HOSPITALS IN COM19 PILING COST INFORMATION.—There are appro20 priated to the Secretary for fiscal year 2025, 21 $10,000,000 for the purpose of providing grants and 22 technical assistance to a hospital described in para23 graph (3)(B) to enable such hospital to compile de24 tailed information for use in the State studies reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 429. 429 1 quired under paragraph (1), to remain available 2 until expended. 3 (5) HHS REPORT ON STATE STUDIES.—For 4 each year in which a State is required to conduct a 5 study under paragraph (1), the Secretary shall issue, 6 not later than 12 months after the date on which 7 the State submits to the Secretary the data de8 scribed in such paragraph, a publicly available re9 port that compiles and details the results of such 10 study and includes the information described in 11 paragraph (2). 12 (b) HHS REPORT ON NATIONAL DATA COLLECTION 13 FINDINGS.—Not later than 3 years after the date of en14 actment of this Act, the Secretary shall submit to Con15 gress, and make publicly available, a report analyzing the 16 first studies conducted by States under subsection (a)(1), 17 including recommendations for improving data collection 18 on the cost of providing maternity, labor, and delivery 19 services. 20 (c) IMPLEMENTATION FUNDING.—In addition to the 21 amount appropriated under subsection (a)(4), there are 22 appropriated, out of any funds in the Treasury not other23 wise obligated, $3,000,000 for fiscal year 2025, to remain 24 available until expended, to the Secretary of Health and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 430. 430 1 Human Services for purposes of implementing this sec2 tion. 3 SEC. 110. MODIFYING CERTAIN DISPROPORTIONATE SHARE 4 HOSPITAL ALLOTMENTS. 5 (a) EXTENDING TENNESSEE DSH ALLOTMENTS.— 6 Section 1923(f)(6)(A)(vi) of the Social Security Act (42 7 U.S.C. 1396r–4(f)(6)(A)(vi)) is amended— 8 (1) in the heading, by striking ‘‘2025’’ and in9 serting ‘‘2026 AND FOR THE 1ST QUARTER OF FISCAL 10 YEAR 2027’’; 11 (2) by striking ‘‘fiscal year 2025’’ and inserting 12 ‘‘fiscal year 2026’’; and 13 (3) by inserting ‘‘, and the DSH allotment for 14 Tennessee for the 1st quarter of fiscal year 2027, 15 shall be $13,275,000’’ before the period. 16 (b) ELIMINATING AND DELAYING DSH ALLOTMENT 17 REDUCTIONS.—Section 1923(f) of the Social Security Act 18 (42 U.S.C. 1396r–4(f)) is amended— 19 (1) in paragraph (7)(A)— 20 (A) in clause (i), in the matter preceding 21 subclause (I), by striking ‘‘January 1, 2025,’’ 22 and all that follows through ‘‘2027’’ and insert23 ing ‘‘January 1, 2027, and ending September 24 30, 2027, and for fiscal year 2028’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 431. 431 1 (B) in clause (ii), by striking ‘‘January 1, 2 2025,’’ and all that follows through ‘‘2027’’ and 3 inserting ‘‘January 1, 2027, and ending Sep4 tember 30, 2027, and for fiscal year 2028’’; 5 and 6 (2) in paragraph (8), by striking ‘‘2027’’ and 7 inserting ‘‘2028’’. 8 SEC. 111. MODIFYING CERTAIN LIMITATIONS ON DIS9 PROPORTIONATE SHARE HOSPITAL PAY10 MENT ADJUSTMENTS UNDER THE MEDICAID 11 PROGRAM. 12 (a) IN GENERAL.—Section 1923(g) of the Social Se13 curity Act (42 U.S.C. 1396r–4(g)) is amended— 14 (1) in paragraph (1)— 15 (A) in subparagraph (A)— 16 (i) in the matter preceding clause (i), 17 by striking ‘‘(other than a hospital de18 scribed in paragraph (2)(B))’’; 19 (ii) in clause (i), by inserting ‘‘with 20 respect to such hospital and year’’ after 21 ‘‘described in subparagraph (B)’’; and 22 (iii) in clause (ii)— 23 (I) in subclause (I), by striking 24 ‘‘and’’ at the end; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 432. 432 1 (II) in subclause (II), by striking 2 the period and inserting ‘‘; and’’; and 3 (III) by adding at the end the 4 following new subclause: 5 ‘‘(III) payments made under title 6 XVIII or by an applicable plan (as de7 fined in section 1862(b)(8)(F)) for 8 such services.’’; and 9 (B) in subparagraph (B)— 10 (i) in the matter preceding clause (i), 11 by striking ‘‘in this clause are’’ and insert12 ing ‘‘in this subparagraph are, with respect 13 to a hospital and a year,’’; and 14 (ii) by adding at the end the following 15 new clause: 16 ‘‘(iii) Individuals who are eligible for 17 medical assistance under the State plan or 18 under a waiver of such plan and for whom 19 the State plan or waiver is a payor for 20 such services after application of benefits 21 under title XVIII or under an applicable 22 plan (as defined in section 1862(b)(8)(F)), 23 but only if the hospital has in the aggre24 gate incurred costs exceeding payments 25 under such State plan, waiver, title XVIII, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 433. 433 1 or applicable plan for such services fur2 nished to such individuals during such 3 year.’’; 4 (2) by striking paragraph (2); 5 (3) by redesignating paragraph (3) as para6 graph (2); and 7 (4) in paragraph (2), as so redesignated, by 8 striking ‘‘Notwithstanding paragraph (2) of this 9 subsection (as in effect on October 1, 2021), para10 graph (2)’’ and inserting ‘‘Paragraph (2)’’. 11 (b) EFFECTIVE DATE.— 12 (1) IN GENERAL.—Except as provided in para13 graph (2), the amendments made by this section 14 shall apply to payment adjustments made under sec15 tion 1923 of the Social Security Act (42 U.S.C. 16 1396r–4) for Medicaid State plan rate years begin17 ning on or after the date of enactment of this Act. 18 (2) STATE OPTION TO DISTRIBUTE UNSPENT 19 DSH ALLOTMENTS FROM PRIOR YEARS UP TO MODI20 FIED CAP.— 21 (A) IN GENERAL.—If, for any Medicaid 22 State plan rate year that begins on or after Oc23 tober 1, 2021, and before the date of enactment 24 of this Act, a State did not spend the full 25 amount of its Federal fiscal year allotment VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 434. 434 1 under section 1923 of the Social Security Act 2 (42 U.S.C. 1396r–4) applicable to that State 3 plan rate year, the State may use the unspent 4 portion of such allotment to increase the 5 amount of any payment adjustment made to a 6 hospital for such rate year, provided that— 7 (i) such payment adjustment (as so 8 increased) is consistent with subsection (g) 9 of such section (as amended by this sec10 tion); and 11 (ii) the total amount of all payment 12 adjustments for the State plan rate year 13 (as so increased) does not exceed the dis14 proportionate share hospital allotment for 15 the State and applicable Federal fiscal 16 year under subsection (f) of such section. 17 (B) NO RECOUPMENT OF PAYMENTS AL18 READY MADE TO HOSPITALS.—A State shall not 19 recoup any payment adjustment made by the 20 State to a hospital for a Medicaid State plan 21 rate year described in subparagraph (A) if such 22 payment adjustment is consistent with section 23 1923(g) of such Act (42 U.S.C. 1396r–4(g)) as 24 in effect on October 1, 2021. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 435. 435 1 (C) AUTHORITY TO PERMIT RETROACTIVE 2 MODIFICATION OF STATE PLAN AMENDMENTS 3 TO ALLOW FOR INCREASES.— 4 (i) IN GENERAL.—Subject to para5 graph (2), solely for the purpose of allow6 ing a State to increase the amount of a 7 payment adjustment to a hospital for a 8 Medicaid State plan rate year described in 9 subparagraph (A) pursuant to this para10 graph, a State may retroactively modify a 11 provision of the Medicaid State plan, a 12 waiver of such plan, or a State plan 13 amendment that relates to such rate year 14 and the Secretary may approve such modi15 fication. 16 (ii) DEADLINE.—A State may not 17 submit a request for approval of a retro18 active modification to a provision of the 19 Medicaid State plan, a waiver of such plan, 20 or a State plan amendment for a Medicaid 21 State plan rate year after the date by 22 which the State is required to submit the 23 independent certified audit for that State 24 plan rate year as required under section VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 436. 436 1 1923(j)(2) of the Social Security Act (42 2 U.S.C. 1396r–4(j)(2)). 3 (D) REPORTING.—If a State increases a 4 payment adjustment made to a hospital for a 5 Medicaid State plan rate year pursuant to this 6 paragraph, the State shall include information 7 on such increased payment adjustment as part 8 of the next annual report submitted by the 9 State under section 1923(j)(1) of the Social Se10 curity Act (42 U.S.C. 1396r–4(j)(1)). 11 SEC. 112. ENSURING ACCURATE PAYMENTS TO PHAR12 MACIES UNDER MEDICAID. 13 (a) IN GENERAL.—Section 1927(f) of the Social Se14 curity Act (42 U.S.C. 1396r–8(f)) is amended— 15 (1) in paragraph (1)(A)— 16 (A) by redesignating clause (ii) as clause 17 (iii); and 18 (B) by striking ‘‘and’’ after the semicolon 19 at the end of clause (i) and all that precedes it 20 through ‘‘(1)’’ and inserting the following: 21 ‘‘(1) DETERMINING PHARMACY ACTUAL ACQUI22 SITION COSTS.—The Secretary shall conduct a sur23 vey of retail community pharmacy drug prices and 24 applicable non-retail pharmacy drug prices to deter25 mine national average drug acquisition cost benchVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 437. 437 1 marks (as such term is defined by the Secretary) as 2 follows: 3 ‘‘(A) USE OF VENDOR.—The Secretary 4 may contract services for— 5 ‘‘(i) with respect to retail community 6 pharmacies, the determination of retail 7 survey prices of the national average drug 8 acquisition cost for covered outpatient 9 drugs that represent a nationwide average 10 of consumer purchase prices for such 11 drugs, net of all discounts, rebates, and 12 other price concessions (to the extent any 13 information with respect to such discounts, 14 rebates, and other price concessions is 15 available) based on a monthly survey of 16 such pharmacies; 17 ‘‘(ii) with respect to applicable non-re18 tail pharmacies— 19 ‘‘(I) the determination of survey 20 prices, separate from the survey prices 21 described in clause (i), of the non-re22 tail national average drug acquisition 23 cost for covered outpatient drugs that 24 represent a nationwide average of con25 sumer purchase prices for such drugs, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 438. 438 1 net of all discounts, rebates, and other 2 price concessions (to the extent any 3 information with respect to such dis4 counts, rebates, and other price con5 cessions is available) based on a 6 monthly survey of such pharmacies; 7 and 8 ‘‘(II) at the discretion of the Sec9 retary, for each type of applicable 10 non-retail pharmacy, the determina11 tion of survey prices, separate from 12 the survey prices described in clause 13 (i) or subclause (I) of this clause, of 14 the national average drug acquisition 15 cost for such type of pharmacy for 16 covered outpatient drugs that rep17 resent a nationwide average of con18 sumer purchase prices for such drugs, 19 net of all discounts, rebates, and other 20 price concessions (to the extent any 21 information with respect to such dis22 counts, rebates, and other price con23 cessions is available) based on a 24 monthly survey of such pharmacies; 25 and’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 439. 439 1 (2) in subparagraph (B) of paragraph (1), by 2 striking ‘‘subparagraph (A)(ii)’’ and inserting ‘‘sub3 paragraph (A)(iii)’’; 4 (3) in subparagraph (D) of paragraph (1), by 5 striking clauses (ii) and (iii) and inserting the fol6 lowing: 7 ‘‘(ii) The vendor must update the Sec8 retary no less often than monthly on the 9 survey prices for covered outpatient drugs. 10 ‘‘(iii) The vendor must differentiate, 11 in collecting and reporting survey data, for 12 all cost information collected, whether a 13 pharmacy is a retail community pharmacy 14 or an applicable non-retail pharmacy, in15 cluding whether such pharmacy is an affil16 iate (as defined in subsection (k)(14)), 17 and, in the case of an applicable non-retail 18 pharmacy, which type of applicable non-re19 tail pharmacy it is using the relevant phar20 macy type indicators included in the guid21 ance required by subsection (d)(2) of sec22 tion 112 of the Health Improvements, Ex23 tenders, and Reauthorizations Act.’’; 24 (4) by adding at the end of paragraph (1) the 25 following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 440. 440 1 ‘‘(F) SURVEY REPORTING.—In order to 2 meet the requirement of section 1902(a)(54), a 3 State shall require that any retail community 4 pharmacy or applicable non-retail pharmacy in 5 the State that receives any payment, reimburse6 ment, administrative fee, discount, rebate, or 7 other price concession related to the dispensing 8 of covered outpatient drugs to individuals re9 ceiving benefits under this title, regardless of 10 whether such payment, reimbursement, admin11 istrative fee, discount, rebate, or other price 12 concession is received from the State or a man13 aged care entity or other specified entity (as 14 such terms are defined in section 15 1903(m)(9)(D)) directly or from a pharmacy 16 benefit manager or another entity that has a 17 contract with the State or a managed care enti18 ty or other specified entity (as so defined), shall 19 respond to surveys conducted under this para20 graph. 21 ‘‘(G) SURVEY INFORMATION.—Information 22 on national drug acquisition prices obtained 23 under this paragraph shall be made publicly 24 available in a form and manner to be deterVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 441. 441 1 mined by the Secretary and shall include at 2 least the following: 3 ‘‘(i) The monthly response rate to the 4 survey including a list of pharmacies not in 5 compliance with subparagraph (F). 6 ‘‘(ii) The sampling methodology and 7 number of pharmacies sampled monthly. 8 ‘‘(iii) Information on price concessions 9 to pharmacies, including discounts, re10 bates, and other price concessions, to the 11 extent that such information may be pub12 licly released and has been collected by the 13 Secretary as part of the survey. 14 ‘‘(H) PENALTIES.— 15 ‘‘(i) IN GENERAL.—Subject to clauses 16 (ii), (iii), and (iv), the Secretary shall en17 force the provisions of this paragraph with 18 respect to a pharmacy through the estab19 lishment of civil money penalties applicable 20 to a retail community pharmacy or an ap21 plicable non-retail pharmacy. 22 ‘‘(ii) BASIS FOR PENALTIES.—The 23 Secretary shall impose a civil money pen24 alty established under this subparagraph VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 442. 442 1 on a retail community pharmacy or appli2 cable non-retail pharmacy if— 3 ‘‘(I) the retail pharmacy or appli4 cable non-retail pharmacy refuses or 5 otherwise fails to respond to a request 6 for information about prices in con7 nection with a survey under this sub8 section; 9 ‘‘(II) knowingly provides false in10 formation in response to such a sur11 vey; or 12 ‘‘(III) otherwise fails to comply 13 with the requirements established 14 under this paragraph. 15 ‘‘(iii) PARAMETERS FOR PEN16 ALTIES.— 17 ‘‘(I) IN GENERAL.—A civil money 18 penalty established under this sub19 paragraph may be assessed with re20 spect to each violation, and with re21 spect to each non-compliant retail 22 community pharmacy (including a 23 pharmacy that is part of a chain) or 24 non-compliant applicable non-retail 25 pharmacy (including a pharmacy that VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 443. 443 1 is part of a chain), in an amount not 2 to exceed $100,000 for each such vio3 lation. 4 ‘‘(II) CONSIDERATIONS.—In de5 termining the amount of a civil money 6 penalty imposed under this subpara7 graph, the Secretary may consider the 8 size, business structure, and type of 9 pharmacy involved, as well as the type 10 of violation and other relevant factors, 11 as determined appropriate by the Sec12 retary. 13 ‘‘(iv) RULE OF APPLICATION.—The 14 provisions of section 1128A (other than 15 subsections (a) and (b)) shall apply to a 16 civil money penalty under this subpara17 graph in the same manner as such provi18 sions apply to a civil money penalty or pro19 ceeding under section 1128A(a). 20 ‘‘(I) LIMITATION ON USE OF APPLICABLE 21 NON-RETAIL PHARMACY PRICING INFORMA22 TION.—No State shall use pricing information 23 reported by applicable non-retail pharmacies 24 under subparagraph (A)(ii) to develop or inform VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 444. 444 1 payment methodologies for retail community 2 pharmacies.’’; 3 (5) in paragraph (2)— 4 (A) in subparagraph (A), by inserting ‘‘, 5 including payment rates and methodologies for 6 determining ingredient cost reimbursement 7 under managed care entities or other specified 8 entities (as such terms are defined in section 9 1903(m)(9)(D)),’’ after ‘‘under this title’’; and 10 (B) in subparagraph (B), by inserting 11 ‘‘and the basis for such dispensing fees’’ before 12 the semicolon; 13 (6) by redesignating paragraph (4) as para14 graph (5); 15 (7) by inserting after paragraph (3) the fol16 lowing new paragraph: 17 ‘‘(4) OVERSIGHT.— 18 ‘‘(A) IN GENERAL.—The Inspector General 19 of the Department of Health and Human Serv20 ices shall conduct periodic studies of the survey 21 data reported under this subsection, as appro22 priate, including with respect to substantial 23 variations in acquisition costs or other applica24 ble costs, as well as with respect to how internal 25 transfer prices and related party transactions VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 445. 445 1 may influence the costs reported by pharmacies 2 that are affiliates (as defined in subsection 3 (k)(14)) or are owned by, controlled by, or re4 lated under a common ownership structure with 5 a wholesaler, distributor, or other entity that 6 acquires covered outpatient drugs relative to 7 costs reported by pharmacies not affiliated with 8 such entities. The Inspector General shall pro9 vide periodic updates to Congress on the results 10 of such studies, as appropriate, in a manner 11 that does not disclose trade secrets or other 12 proprietary information. 13 ‘‘(B) APPROPRIATION.—There is appro14 priated to the Inspector General of the Depart15 ment of Health and Human Services, out of 16 any money in the Treasury not otherwise ap17 propriated, $5,000,000 for fiscal year 2025, to 18 remain available until expended, to carry out 19 this paragraph.’’; and 20 (8) in paragraph (5), as so redesignated— 21 (A) by inserting ‘‘, and $9,000,000 for fis22 cal year 2025 and each fiscal year thereafter,’’ 23 after ‘‘2010’’; and 24 (B) by inserting ‘‘Funds appropriated 25 under this paragraph for fiscal year 2025 and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 446. 446 1 any subsequent fiscal year shall remain avail2 able until expended.’’ after the period. 3 (b) DEFINITIONS.—Section 1927(k) of the Social Se4 curity Act (42 U.S.C. 1396r–8(k)) is amended— 5 (1) in the matter preceding paragraph (1), by 6 striking ‘‘In the section’’ and inserting ‘‘In this sec7 tion’’; and 8 (2) by adding at the end the following new 9 paragraphs: 10 ‘‘(12) APPLICABLE NON-RETAIL PHARMACY.— 11 The term ‘applicable non-retail pharmacy’ means a 12 pharmacy that is licensed as a pharmacy by the 13 State and that is not a retail community pharmacy, 14 including a pharmacy that dispenses prescription 15 medications to patients primarily through mail and 16 specialty pharmacies. Such term does not include 17 nursing home pharmacies, long-term care facility 18 pharmacies, hospital pharmacies, clinics, charitable 19 or not-for-profit pharmacies, government phar20 macies, or low dispensing pharmacies (as defined by 21 the Secretary). 22 ‘‘(13) AFFILIATE.—The term ‘affiliate’ means 23 any entity that is owned by, controlled by, or related 24 under a common ownership structure with a phar25 macy benefit manager or a managed care entity or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 447. 447 1 other specified entity (as such terms are defined in 2 section 1903(m)(9)(D)).’’. 3 (c) EFFECTIVE DATE.— 4 (1) IN GENERAL.—Subject to paragraph (2), 5 the amendments made by this section shall take ef6 fect on the first day of the first quarter that begins 7 on or after the date that is 6 months after the date 8 of enactment of this Act. 9 (2) DELAYED APPLICATION TO APPLICABLE 10 NON-RETAIL PHARMACIES.—The pharmacy survey 11 requirements established by the amendments to sec12 tion 1927(f) of the Social Security Act (42 U.S.C. 13 1396r–8(f)) made by this section shall apply to re14 tail community pharmacies beginning on the effec15 tive date described in paragraph (1), but shall not 16 apply to applicable non-retail pharmacies until the 17 first day of the first quarter that begins on or after 18 the date that is 18 months after the date of enact19 ment of this Act. 20 (d) IDENTIFICATION OF APPLICABLE NON-RETAIL 21 PHARMACIES.— 22 (1) IN GENERAL.—Not later than January 1, 23 2026, the Secretary of Health and Human Services 24 shall, in consultation with stakeholders as appro25 priate, publish guidance specifying pharmacies that VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 448. 448 1 meet the definition of applicable non-retail phar2 macies (as such term is defined in subsection 3 (k)(12) of section 1927 of the Social Security Act 4 (42 U.S.C. 1396r–8), as added by subsection (b)), 5 and that will be subject to the survey requirements 6 under subsection (f)(1) of such section, as amended 7 by subsection (a). 8 (2) INCLUSION OF PHARMACY TYPE INDICA9 TORS.—The guidance published under paragraph (1) 10 shall include pharmacy type indicators to distinguish 11 between different types of applicable non-retail phar12 macies, such as pharmacies that dispense prescrip13 tions primarily through the mail and pharmacies 14 that dispense prescriptions that require special han15 dling or distribution. An applicable non-retail phar16 macy may be identified through multiple pharmacy 17 type indicators. 18 (e) IMPLEMENTATION.— 19 (1) IN GENERAL.—Notwithstanding any other 20 provision of law, the Secretary of Health and 21 Human Services may implement the amendments 22 made by this section by program instruction or oth23 erwise. 24 (2) NONAPPLICATION OF ADMINISTRATIVE PRO25 CEDURE ACT.—Implementation of the amendments VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 449. 449 1 made by this section shall be exempt from the re2 quirements of section 553 of title 5, United States 3 Code. 4 (f) NONAPPLICATION OF PAPERWORK REDUCTION 5 ACT.—Chapter 35 of title 44, United States Code, shall 6 not apply to any data collection undertaken by the Sec7 retary of Health and Human Services under section 8 1927(f) of the Social Security Act (42 U.S.C. 1396r–8(f)), 9 as amended by this section. 10 SEC. 113. PREVENTING THE USE OF ABUSIVE SPREAD PRIC11 ING IN MEDICAID. 12 (a) IN GENERAL.—Section 1927 of the Social Secu13 rity Act (42 U.S.C. 1396r–8) is amended— 14 (1) in subsection (e), by adding at the end the 15 following new paragraph: 16 ‘‘(6) TRANSPARENT PRESCRIPTION DRUG PASS17 THROUGH PRICING REQUIRED.— 18 ‘‘(A) IN GENERAL.—A contract between 19 the State and a pharmacy benefit manager (re20 ferred to in this paragraph as a ‘PBM’), or a 21 contract between the State and a managed care 22 entity or other specified entity (as such terms 23 are defined in section 1903(m)(9)(D) and col24 lectively referred to in this paragraph as the 25 ‘entity’) that includes provisions making the enVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00449 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 450. 450 1 tity responsible for coverage of covered out2 patient drugs dispensed to individuals enrolled 3 with the entity, shall require that payment for 4 such drugs and related administrative services 5 (as applicable), including payments made by a 6 PBM on behalf of the State or entity, is based 7 on a transparent prescription drug pass8 through pricing model under which— 9 ‘‘(i) any payment made by the entity 10 or the PBM (as applicable) for such a 11 drug— 12 ‘‘(I) is limited to— 13 ‘‘(aa) ingredient cost; and 14 ‘‘(bb) a professional dis15 pensing fee that is not less than 16 the professional dispensing fee 17 that the State would pay if the 18 State were making the payment 19 directly in accordance with the 20 State plan; 21 ‘‘(II) is passed through in its en22 tirety (except as reduced under Fed23 eral or State laws and regulations in 24 response to instances of waste, fraud, 25 or abuse) by the entity or PBM to the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00450 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 451. 451 1 pharmacy or provider that dispenses 2 the drug; and 3 ‘‘(III) is made in a manner that 4 is consistent with sections 447.502, 5 447.512, 447.514, and 447.518 of 6 title 42, Code of Federal Regulations 7 (or any successor regulation) as if 8 such requirements applied directly to 9 the entity or the PBM, except that 10 any payment by the entity or the 11 PBM for the ingredient cost of such 12 drug purchased by a covered entity 13 (as defined in subsection (a)(5)(B)) 14 may exceed the actual acquisition cost 15 (as defined in 447.502 of title 42, 16 Code of Federal Regulations, or any 17 successor regulation) for such drug 18 if— 19 ‘‘(aa) such drug was subject 20 to an agreement under section 21 340B of the Public Health Serv22 ice Act; 23 ‘‘(bb) such payment for the 24 ingredient cost of such drug does 25 not exceed the maximum payVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 452. 452 1 ment that would have been made 2 by the entity or the PBM for the 3 ingredient cost of such drug if 4 such drug had not been pur5 chased by such covered entity; 6 and 7 ‘‘(cc) such covered entity re8 ports to the Secretary (in a form 9 and manner specified by the Sec10 retary), on an annual basis and 11 with respect to payments for the 12 ingredient costs of such drugs so 13 purchased by such covered entity 14 that are in excess of the actual 15 acquisition costs for such drugs, 16 the aggregate amount of such ex17 cess; 18 ‘‘(ii) payment to the entity or the 19 PBM (as applicable) for administrative 20 services performed by the entity or PBM is 21 limited to an administrative fee that re22 flects the fair market value (as defined by 23 the Secretary) of such services; 24 ‘‘(iii) the entity or the PBM (as appli25 cable) makes available to the State, and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 453. 453 1 the Secretary upon request in a form and 2 manner specified by the Secretary, all costs 3 and payments related to covered outpatient 4 drugs and accompanying administrative 5 services (as described in clause (ii)) in6 curred, received, or made by the entity or 7 the PBM, broken down (as specified by the 8 Secretary), to the extent such costs and 9 payments are attributable to an individual 10 covered outpatient drug, by each such 11 drug, including any ingredient costs, pro12 fessional dispensing fees, administrative 13 fees (as described in clause (ii)), post-sale 14 and post-invoice fees, discounts, or related 15 adjustments such as direct and indirect re16 muneration fees, and any and all other re17 muneration, as defined by the Secretary; 18 and 19 ‘‘(iv) any form of spread pricing 20 whereby any amount charged or claimed by 21 the entity or the PBM (as applicable) that 22 exceeds the amount paid to the pharmacies 23 or providers on behalf of the State or enti24 ty, including any post-sale or post-invoice 25 fees, discounts, or related adjustments VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 454. 454 1 such as direct and indirect remuneration 2 fees or assessments, as defined by the Sec3 retary, (after allowing for an administra4 tive fee as described in clause (ii)) is not 5 allowable for purposes of claiming Federal 6 matching payments under this title. 7 ‘‘(B) PUBLICATION OF INFORMATION.— 8 The Secretary shall publish, not less frequently 9 than on an annual basis and in a manner that 10 does not disclose the identity of a particular 11 covered entity or organization, information re12 ceived by the Secretary pursuant to subpara13 graph (A)(iii)(III) that is broken out by State 14 and by each of the following categories of cov15 ered entity within each such State: 16 ‘‘(i) Covered entities described in sub17 paragraph (A) of section 340B(a)(4) of the 18 Public Health Service Act. 19 ‘‘(ii) Covered entities described in sub20 paragraphs (B) through (K) of such sec21 tion. 22 ‘‘(iii) Covered entities described in 23 subparagraph (L) of such section. 24 ‘‘(iv) Covered entities described in 25 subparagraph (M) of such section. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00454 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 455. 455 1 ‘‘(v) Covered entities described in sub2 paragraph (N) of such section. 3 ‘‘(vi) Covered entities described in 4 subparagraph (O) of such section.’’; and 5 (2) in subsection (k), as previously amended by 6 this title, by adding at the end the following new 7 paragraph: 8 ‘‘(14) PHARMACY BENEFIT MANAGER.—The 9 term ‘pharmacy benefit manager’ means any person 10 or entity that, either directly or through an inter11 mediary, acts as a price negotiator or group pur12 chaser on behalf of a State, managed care entity (as 13 defined in section 1903(m)(9)(D)), or other specified 14 entity (as so defined), or manages the prescription 15 drug benefits provided by a State, managed care en16 tity, or other specified entity, including the proc17 essing and payment of claims for prescription drugs, 18 the performance of drug utilization review, the proc19 essing of drug prior authorization requests, the man20 aging of appeals or grievances related to the pre21 scription drug benefits, contracting with pharmacies, 22 controlling the cost of covered outpatient drugs, or 23 the provision of services related thereto. Such term 24 includes any person or entity that acts as a price ne25 gotiator (with regard to payment amounts to pharVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 456. 456 1 macies and providers for a covered outpatient drug 2 or the net cost of the drug) or group purchaser on 3 behalf of a State, managed care entity, or other 4 specified entity or that carries out 1 or more of the 5 other activities described in the preceding sentence, 6 irrespective of whether such person or entity calls 7 itself a pharmacy benefit manager.’’. 8 (b) CONFORMING AMENDMENTS.—Section 1903(m) 9 of such Act (42 U.S.C. 1396b(m)) is amended— 10 (1) in paragraph (2)(A)(xiii)— 11 (A) by striking ‘‘and (III)’’ and inserting 12 ‘‘(III)’’; 13 (B) by inserting before the period at the 14 end the following: ‘‘, and (IV) if the contract in15 cludes provisions making the entity responsible 16 for coverage of covered outpatient drugs, the 17 entity shall comply with the requirements of 18 section 1927(e)(6)’’; and 19 (C) by moving the margin 2 ems to the 20 left; and 21 (2) by adding at the end the following new 22 paragraph: 23 ‘‘(10) No payment shall be made under this 24 title to a State with respect to expenditures incurred 25 by the State for payment for services provided by an VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00456 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 457. 457 1 other specified entity (as defined in paragraph 2 (9)(D)(iii)) unless such services are provided in ac3 cordance with a contract between the State and such 4 entity which satisfies the requirements of paragraph 5 (2)(A)(xiii).’’. 6 (c) EFFECTIVE DATE.—The amendments made by 7 this section shall apply to contracts between States and 8 managed care entities, other specified entities, or phar9 macy benefit managers that have an effective date begin10 ning on or after the date that is 18 months after the date 11 of enactment of this Act. 12 (d) IMPLEMENTATION.— 13 (1) IN GENERAL.—Notwithstanding any other 14 provision of law, the Secretary of Health and 15 Human Services may implement the amendments 16 made by this section by program instruction or oth17 erwise. 18 (2) NONAPPLICATION OF ADMINISTRATIVE PRO19 CEDURE ACT.—Implementation of the amendments 20 made by this section shall be exempt from the re21 quirements of section 553 of title 5, United States 22 Code. 23 (e) NONAPPLICATION OF PAPERWORK REDUCTION 24 ACT.—Chapter 35 of title 44, United States Code, shall 25 not apply to any data collection undertaken by the SecVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 458. 458 1 retary of Health and Human Services under section 2 1927(e) of the Social Security Act (42 U.S.C. 1396r– 3 8(e)), as amended by this section. 4 TITLE II—MEDICARE 5 SEC. 201. EXTENSION OF INCREASED INPATIENT HOSPITAL 6 PAYMENT ADJUSTMENT FOR CERTAIN LOW7 VOLUME HOSPITALS. 8 (a) IN GENERAL.—Section 1886(d)(12) of the Social 9 Security Act (42 U.S.C. 1395ww(d)(12)) is amended— 10 (1) in subparagraph (B), in the matter pre11 ceding clause (i), by striking ‘‘fiscal year 2025 be12 ginning on January 1, 2025, and ending on Sep13 tember 30, 2025, and in fiscal year 2026’’ and in14 serting ‘‘fiscal year 2026 beginning on January 1, 15 2026, and ending on September 30, 2026, and in 16 fiscal year 2027’’; 17 (2) in subparagraph (C)(i)— 18 (A) in the matter preceding subclause 19 (I)— 20 (i) by striking ‘‘through 2024’’ and 21 inserting ‘‘through 2025’’; 22 (ii) by striking ‘‘fiscal year 2025’’ and 23 inserting ‘‘fiscal year 2026’’; 24 (iii) by striking ‘‘October 1, 2024’’ 25 and inserting ‘‘October 1, 2025’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 459. 459 1 (iv) by striking ‘‘December 31, 2024’’ 2 and inserting ‘‘December 31, 2025’’; 3 (B) in subclause (III)— 4 (i) by striking ‘‘through 2024’’ and 5 inserting ‘‘through 2025’’; 6 (ii) by striking ‘‘fiscal year 2025’’ and 7 inserting ‘‘fiscal year 2026’’; 8 (iii) by striking ‘‘October 1, 2024’’ 9 and inserting ‘‘October 1, 2025’’; and 10 (iv) by striking ‘‘December 31, 2024’’ 11 and inserting ‘‘December 31, 2025’’; and 12 (C) in subclause (IV)— 13 (i) by striking ‘‘fiscal year 2025’’ and 14 inserting ‘‘fiscal year 2026’’; 15 (ii) by striking ‘‘January 1, 2025’’ 16 and inserting ‘‘January 1, 2026’’; 17 (iii) by striking ‘‘September 30, 18 2025’’ and inserting ‘‘September 30, 19 2026’’; and 20 (iv) by striking ‘‘fiscal year 2026’’ 21 and inserting ‘‘fiscal year 2027’’; and 22 (3) in subparagraph (D)— 23 (A) in the matter preceding clause (i)— 24 (i) by striking ‘‘through 2024’’ and 25 inserting ‘‘through 2025’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 460. 460 1 (ii) by striking ‘‘fiscal year 2025’’ and 2 inserting ‘‘fiscal year 2026’’; 3 (iii) by striking ‘‘October 1, 2024’’ 4 and inserting ‘‘October 1, 2025’’; and 5 (iv) by striking ‘‘December 31, 2024’’ 6 and inserting ‘‘December 31, 2025’’; and 7 (B) in clause (ii)— 8 (i) by striking ‘‘through 2024’’ and 9 inserting ‘‘through 2025’’; 10 (ii) by striking ‘‘fiscal year 2025’’ and 11 inserting ‘‘fiscal year 2026’’; 12 (iii) by striking ‘‘October 1, 2024’’ 13 and inserting ‘‘October 1, 2025’’; and 14 (iv) by striking ‘‘December 31, 2024’’ 15 and inserting ‘‘December 31, 2025’’. 16 (b) IMPLEMENTATION.—Notwithstanding any other 17 provision of law, the Secretary of Health and Human 18 Services may implement the amendments made by this 19 section by program instruction or otherwise. 20 SEC. 202. EXTENSION OF THE MEDICARE-DEPENDENT HOS21 PITAL (MDH) PROGRAM. 22 (a) IN GENERAL.—Section 1886(d)(5)(G) of the So23 cial Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amend24 ed— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 461. 461 1 (1) in clause (i), by striking ‘‘January 1, 2025’’ 2 and inserting ‘‘January 1, 2026’’; and 3 (2) in clause (ii)(II), by striking ‘‘January 1, 4 2025’’ and inserting ‘‘January 1, 2026’’. 5 (b) CONFORMING AMENDMENTS.— 6 (1) IN GENERAL.—Section 1886(b)(3)(D) of 7 the Social Security Act (42 U.S.C. 8 1395ww(b)(3)(D)) is amended— 9 (A) in the matter preceding clause (i), by 10 striking ‘‘January 1, 2025’’ and inserting ‘‘Jan11 uary 1, 2026’’; and 12 (B) in clause (iv)— 13 (i) by striking ‘‘fiscal year 2024’’ and 14 inserting ‘‘fiscal year 2025’’; 15 (ii) by striking ‘‘fiscal year 2025’’ and 16 inserting ‘‘fiscal year 2026’’; 17 (iii) by striking ‘‘October 1, 2024’’ 18 and inserting ‘‘October 1, 2025’’; and 19 (iv) by striking ‘‘December 31, 2024’’ 20 and inserting ‘‘December 31, 2025’’. 21 (2) PERMITTING HOSPITALS TO DECLINE RE22 CLASSIFICATION.—Section 13501(e)(2) of the Omni23 bus Budget Reconciliation Act of 1993 (42 U.S.C. 24 1395ww note) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 462. 462 1 (A) by striking ‘‘through 2024’’ and insert2 ing ‘‘through 2025’’; 3 (B) by striking ‘‘fiscal year 2025’’ and in4 serting ‘‘fiscal year 2026’’; 5 (C) by striking ‘‘October 1, 2024’’ and in6 serting ‘‘October 1, 2025’’; and 7 (D) by striking ‘‘December 31, 2024’’ and 8 inserting ‘‘December 31, 2025’’. 9 SEC. 203. EXTENSION OF ADD-ON PAYMENTS FOR AMBU10 LANCE SERVICES. 11 Section 1834(l) of the Social Security Act (42 U.S.C. 12 1395m(l)) is amended— 13 (1) in paragraph (12)(A), by striking ‘‘January 14 1, 2025’’ and inserting ‘‘January 1, 2027’’; and 15 (2) in paragraph (13), by striking ‘‘January 1, 16 2025’’ each place it appears and inserting ‘‘January 17 1, 2027’’ in each such place. 18 SEC. 204. EXTENDING INCENTIVE PAYMENTS FOR PARTICI19 PATION IN ELIGIBLE ALTERNATIVE PAYMENT 20 MODELS. 21 (a) IN GENERAL.—Section 1833(z) of the Social Se22 curity Act (42 U.S.C. 1395l(z)) is amended— 23 (1) in paragraph (1)(A)— 24 (A) by striking ‘‘with 2026’’ and inserting 25 ‘‘with 2027’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 463. 463 1 (B) by inserting ‘‘, or, with respect to 2 2027, 3.53 percent’’ after ‘‘1.88 percent’’; 3 (2) in paragraph (2)— 4 (A) in subparagraph (B)— 5 (i) in the heading, by striking ‘‘2026’’ 6 and inserting ‘‘2027’’; and 7 (ii) in the matter preceding clause (i), 8 by striking ‘‘2026’’ and inserting ‘‘2027’’; 9 (B) in subparagraph (C)— 10 (i) in the heading, by striking ‘‘2027’’ 11 and inserting ‘‘2028’’; and 12 (ii) in the matter preceding clause (i), 13 by striking ‘‘2027’’ and inserting ‘‘2028’’; 14 and 15 (C) in subparagraph (D), by striking ‘‘and 16 2026’’ and inserting ‘‘2026, and 2027’’; and 17 (3) in paragraph (4)(B), by inserting ‘‘or, with 18 respect to 2027, 3.53 percent’’ after ‘‘1.88 percent’’. 19 (b) CONFORMING AMENDMENTS.—Section 20 1848(q)(1)(C)(iii) of the Social Security Act (42 U.S.C. 21 1395w–4(q)(1)(C)(iii)) is amended— 22 (1) in subclause (II), by striking ‘‘2026’’ and 23 inserting ‘‘2027’’; and 24 (2) in subclause (III), by striking ‘‘2027’’ and 25 inserting ‘‘2028’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 464. 464 1 SEC. 205. TEMPORARY PAYMENT INCREASE UNDER THE 2 MEDICARE PHYSICIAN FEE SCHEDULE TO AC3 COUNT FOR EXCEPTIONAL CIRCUMSTANCES. 4 (a) IN GENERAL.—Section 1848(t)(1) of the Social 5 Security Act (42 U.S.C. 1395w– 4(t)(1)) is amended— 6 (1) in subparagraph (D), by striking ‘‘and’’ at 7 the end; 8 (2) in subparagraph (E), by striking the period 9 at the end and inserting ‘‘; and’’; and 10 (3) by adding at the end the following new sub11 paragraph: 12 ‘‘(F) such services furnished on or after 13 January 1, 2025, and before January 1, 2026, 14 by 2.5 percent.’’. 15 (b) CONFORMING AMENDMENT.—Section 16 1848(c)(2)(B)(iv)(V) is amended by striking ‘‘or 2024’’ 17 and inserting ‘‘2024, or 2025’’. 18 SEC. 206. EXTENSION OF FUNDING FOR QUALITY MEASURE 19 ENDORSEMENT, INPUT, AND SELECTION. 20 Section 1890(d)(2) of the Social Security Act (42 21 U.S.C. 1395aaa(d)(2)) is amended— 22 (1) in the first sentence— 23 (A) by striking ‘‘and $9,000,000’’ and in24 serting ‘‘$9,000,000’’; and 25 (B) by inserting ‘‘, and $5,000,000 for the 26 period beginning on January 1, 2025, and endVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 465. 465 1 ing on December 31, 2025’’ after ‘‘December 2 31, 2024’’; and 3 (2) in the third sentence— 4 (A) by striking ‘‘and the period’’ and in5 serting ‘‘, the period’’; 6 (B) by inserting ‘‘and the period beginning 7 on January 1, 2025, and ending on December 8 31, 2025,’’ after ‘‘December 31, 2024,’’; and 9 (C) by inserting ‘‘or period’’ after ‘‘pre10 ceding fiscal year’’. 11 SEC. 207. EXTENSION OF FUNDING OUTREACH AND ASSIST12 ANCE FOR LOW-INCOME PROGRAMS. 13 (a) STATE HEALTH INSURANCE ASSISTANCE PRO14 GRAMS.—Subsection (a)(1)(B) of section 119 of the Medi15 care Improvements for Patients and Providers Act of 2008 16 (42 U.S.C. 1395b–3 note) is amended— 17 (1) in clause (xiii), by striking ‘‘and’’ at the 18 end; 19 (2) in clause (xiv), by striking the period and 20 inserting ‘‘; and’’; and 21 (3) by inserting after clause (xiv) the following 22 new clause: 23 ‘‘(xv) for the period beginning on Jan24 uary 1, 2025, and ending on December 31, 25 2026, $30,000,000.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 466. 466 1 (b) AREA AGENCIES ON AGING.—Subsection 2 (b)(1)(B) of such section 119 is amended— 3 (1) in clause (xiii), by striking ‘‘and’’ at the 4 end; 5 (2) in clause (xiv), by striking the period and 6 inserting ‘‘; and’’; and 7 (3) by inserting after clause (xiv) the following 8 new clause: 9 ‘‘(xv) for the period beginning on Jan10 uary 1, 2025, and ending on December 31, 11 2026, $30,000,000.’’. 12 (c) AGING AND DISABILITY RESOURCE CENTERS.— 13 Subsection (c)(1)(B) of such section 119 is amended— 14 (1) in clause (xiii), by striking ‘‘and’’ at the 15 end; 16 (2) in clause (xiv), by striking the period and 17 inserting ‘‘; and’’; and 18 (3) by inserting after clause (xiv) the following 19 new clause: 20 ‘‘(xv) for the period beginning on Jan21 uary 1, 2025, and ending on December 31, 22 2026, $10,000,000.’’. 23 (d) COORDINATION OF EFFORTS TO INFORM OLDER 24 AMERICANS ABOUT BENEFITS AVAILABLE UNDER FEDVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 467. 467 1 ERAL AND STATE PROGRAMS.—Subsection (d)(2) of such 2 section 119 is amended— 3 (1) in clause (xiii), by striking ‘‘and’’ at the 4 end; 5 (2) in clause (xiv), by striking the period and 6 inserting ‘‘; and’’; and 7 (3) by inserting after clause (xiv) the following 8 new clause: 9 ‘‘(xv) for the period beginning on Jan10 uary 1, 2025, and ending on December 31, 11 2026, $30,000,000.’’. 12 SEC. 208. EXTENSION OF THE WORK GEOGRAPHIC INDEX 13 FLOOR. 14 Section 1848(e)(1)(E) of the Social Security Act (42 15 U.S.C. 1395w–4(e)(1)(E)) is amended by striking ‘‘Janu16 ary 1, 2025’’ and inserting ‘‘January 1, 2026’’. 17 SEC. 209. EXTENSION OF CERTAIN TELEHEALTH FLEXIBILI18 TIES. 19 (a) REMOVING GEOGRAPHIC REQUIREMENTS AND 20 EXPANDING ORIGINATING SITES FOR TELEHEALTH 21 SERVICES.—Section 1834(m) of the Social Security Act 22 (42 U.S.C. 1395m(m)) is amended— 23 (1) in paragraph (2)(B)(iii), by striking ‘‘end24 ing December 31, 2024’’ and inserting ‘‘ending De25 cember 31, 2026’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 468. 468 1 (2) in paragraph (4)(C)(iii), by striking ‘‘ending 2 on December 31, 2024’’ and inserting ‘‘ending on 3 December 31, 2026’’. 4 (b) EXPANDING PRACTITIONERS ELIGIBLE TO FUR5 NISH TELEHEALTH SERVICES.—Section 1834(m)(4)(E) 6 of the Social Security Act (42 U.S.C. 1395m(m)(4)(E)) 7 is amended by striking ‘‘ending on December 31, 2024’’ 8 and inserting ‘‘ending on December 31, 2026’’. 9 (c) EXTENDING TELEHEALTH SERVICES FOR FED10 ERALLY QUALIFIED HEALTH CENTERS AND RURAL 11 HEALTH CLINICS.—Section 1834(m)(8) of the Social Se12 curity Act (42 U.S.C. 1395m(m)(8)) is amended— 13 (1) in subparagraph (A), by striking ‘‘ending on 14 December 31, 2024’’ and inserting ‘‘ending on De15 cember 31, 2026’’; 16 (2) in subparagraph (B)— 17 (A) in the subparagraph heading, by in18 serting ‘‘BEFORE 2025’’ after ‘‘RULE’’; 19 (B) in clause (i), by striking ‘‘during the 20 periods for which subparagraph (A) applies’’ 21 and inserting ‘‘before January 1, 2025’’; and 22 (C) in clause (ii), by inserting ‘‘furnished 23 to an eligible telehealth individual before Janu24 ary 1, 2025’’ after ‘‘telehealth services’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 469. 469 1 (3) by adding at the end the following new sub2 paragraph: 3 ‘‘(C) PAYMENT RULE FOR 2025 AND 4 2026.— 5 ‘‘(i) IN GENERAL.—A telehealth serv6 ice furnished to an eligible telehealth indi7 vidual by a Federally qualified health cen8 ter or rural health clinic on or after Janu9 ary 1, 2025, and before January 1, 2027, 10 shall be paid as a Federally qualified 11 health center service or rural health clinic 12 service (as applicable) under the prospec13 tive payment system established under sec14 tion 1834(o) or the methodology for all-in15 clusive rates established under section 16 1833(a)(3), respectively. 17 ‘‘(ii) TREATMENT OF COSTS.—Costs 18 associated with the furnishing of telehealth 19 services by a Federally qualified health 20 center or rural health clinic on or after 21 January 1, 2025, and before January 1, 22 2027, shall be considered allowable costs 23 for purposes of the prospective payment 24 system established under section 1834(o) 25 and the methodology for all-inclusive rates VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 470. 470 1 established under section 1833(a)(3), as 2 applicable. 3 ‘‘(iii) REQUIRING MODIFIERS.—Not 4 later than July 1, 2025, the Secretary 5 shall establish requirements to include 1 or 6 more codes or modifiers, as determined ap7 propriate by the Secretary, in the case of 8 claims for telehealth services furnished to 9 an eligible telehealth individual by a Feder10 ally qualified health center or rural health 11 clinic.’’. 12 (d) DELAYING THE IN-PERSON REQUIREMENTS 13 UNDER MEDICARE FOR MENTAL HEALTH SERVICES 14 FURNISHED THROUGH TELEHEALTH AND TELE15 COMMUNICATIONS TECHNOLOGY.— 16 (1) DELAY IN REQUIREMENTS FOR MENTAL 17 HEALTH SERVICES FURNISHED THROUGH TELE18 HEALTH.—Section 1834(m)(7)(B)(i) of the Social 19 Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is 20 amended, in the matter preceding subclause (I), by 21 striking ‘‘on or after’’ and all that follows through 22 ‘‘described in section 1135(g)(1)(B))’’ and inserting 23 ‘‘on or after January 1, 2027’’. 24 (2) MENTAL HEALTH VISITS FURNISHED BY 25 RURAL HEALTH CLINICS.—Section 1834(y)(2) of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00470 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 471. 471 1 Social Security Act (42 U.S.C. 1395m(y)(2)) is 2 amended by striking ‘‘January 1, 2025’’ and all that 3 follows through the period at the end and inserting 4 ‘‘January 1, 2027.’’. 5 (3) MENTAL HEALTH VISITS FURNISHED BY 6 FEDERALLY QUALIFIED HEALTH CENTERS.—Section 7 1834(o)(4)(B) of the Social Security Act (42 U.S.C. 8 1395m(o)(4)(B)) is amended by striking ‘‘January 9 1, 2025’’ and all that follows through the period at 10 the end and inserting ‘‘January 1, 2027.’’. 11 (e) ALLOWING FOR THE FURNISHING OF AUDIO12 ONLY TELEHEALTH SERVICES.—Section 1834(m)(9) of 13 the Social Security Act (42 U.S.C. 1395m(m)(9)) is 14 amended by striking ‘‘ending on December 31, 2024’’ and 15 inserting ‘‘ending on December 31, 2026’’. 16 (f) EXTENDING USE OF TELEHEALTH TO CONDUCT 17 FACE-TO-FACE ENCOUNTER PRIOR TO RECERTIFICATION 18 OF ELIGIBILITY FOR HOSPICE CARE.—Section 19 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 20 1395f(a)(7)(D)(i)(II)) is amended— 21 (1) by striking ‘‘ending on December 31, 2024’’ 22 and inserting ‘‘ending on December 31, 2026’’; and 23 (2) by inserting ‘‘, except that this subclause 24 shall not apply in the case of such an encounter with 25 an individual occurring on or after January 1, 2025, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 472. 472 1 if such individual is located in an area that is sub2 ject to a moratorium on the enrollment of hospice 3 programs under this title pursuant to section 4 1866(j)(7), if such individual is receiving hospice 5 care from a provider that is subject to enhanced 6 oversight under this title pursuant to section 7 1866(j)(3), or if such encounter is performed by a 8 hospice physician or nurse practitioner who is not 9 enrolled under section 1866(j) and is not an opt-out 10 physician or practitioner (as defined in section 11 1802(b)(6)(D))’’ before the semicolon. 12 (g) REQUIRING MODIFIERS FOR TELEHEALTH SERV13 ICES IN CERTAIN INSTANCES.—Section 1834(m) of the 14 Social Security Act (42 U.S.C. 1395m(m)) is amended by 15 adding at the end the following new paragraph: 16 ‘‘(10) REQUIRED USE OF MODIFIERS IN CER17 TAIN INSTANCES.—Not later than January 1, 2026, 18 the Secretary shall establish requirements to include 19 1 or more codes or modifiers, as determined appro20 priate by the Secretary, in the case of— 21 ‘‘(A) claims for telehealth services under 22 this subsection that are furnished through a 23 telehealth virtual platform— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00472 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 473. 473 1 ‘‘(i) by a physician or practitioner 2 that contracts with an entity that owns 3 such virtual platform; or 4 ‘‘(ii) for which a physician or practi5 tioner has a payment arrangement with an 6 entity for use of such virtual platform; and 7 ‘‘(B) claims for telehealth services under 8 this subsection that are furnished incident to a 9 physician’s or practitioner’s professional serv10 ice.’’. 11 (h) PROGRAM INSTRUCTION AUTHORITY.—The Sec12 retary of Health and Human Services may implement the 13 amendments made by this section through program in14 struction or otherwise. 15 SEC. 210. REQUIRING MODIFIER FOR USE OF TELEHEALTH 16 TO CONDUCT FACE-TO-FACE ENCOUNTER 17 PRIOR TO RECERTIFICATION OF ELIGIBILITY 18 FOR HOSPICE CARE. 19 Section 1814(a)(7)(D)(i)(II) of the Social Security 20 Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)), as amended by sec21 tion 209(f) of the Health Improvements, Extenders, and 22 Reauthorizations Act, is further amended by inserting ‘‘, 23 but only if, in the case of such an encounter occurring 24 on or after January 1, 2026, any hospice claim includes 25 1 or more modifiers or codes (as specified by the SecVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 474. 474 1 retary) to indicate that such encounter was conducted via 2 telehealth’’ after ‘‘as determined appropriate by the Sec3 retary’’. 4 SEC. 211. EXTENDING ACUTE HOSPITAL CARE AT HOME 5 WAIVER FLEXIBILITIES. 6 Section 1866G of the Social Security Act (42 U.S.C. 7 1395cc–7) is amended— 8 (1) in the section heading, by inserting ‘‘THE 9 THOMAS R. CARPER, TIM SCOTT, BRAD R. 10 WENSTRUP, D.P.M., AND EARL BLUMENAUER’’ 11 after ‘‘EXTENSION OF’’; 12 (2) in subsection (a)— 13 (A) in paragraph (1)— 14 (i) by striking ‘‘2024’’ and inserting 15 ‘‘2029’’; and 16 (ii) by striking ‘‘in the Acute Hospital 17 Care at Home initiative of the Secretary’’ 18 and inserting ‘‘in the Thomas R. Carper, 19 Tim Scott, Brad R. Wenstrup, D.P.M., 20 and Earl Blumenauer Acute Hospital Care 21 at Home initiative of the Secretary (in this 22 section referred to as the ‘Acute Hospital 23 Care at Home initiative’)’’; 24 (B) in paragraph (2), by striking ‘‘of the 25 Secretary’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 475. 475 1 (C) in paragraph (3)(E), by adding at the 2 end the following new flush sentence: 3 ‘‘The Secretary may require that such data and 4 information be submitted through a hospital’s 5 cost report, through such survey instruments as 6 the Secretary may develop, through medical 7 record information, or through such other 8 means as the Secretary determines appro9 priate.’’; 10 (3) in subsection (b)— 11 (A) in the subsection heading, by striking 12 ‘‘STUDY’’ and inserting ‘‘INITIAL STUDY’’; 13 (B) in paragraph (1)(A), by striking ‘‘of 14 the Secretary’’; and 15 (C) in paragraph (3), by inserting ‘‘or sub16 section (c)’’ before the period at the end; 17 (4) by redesignating subsections (c) and (d) as 18 subsections (d) and (e), respectively; and 19 (5) by inserting after subsection (b) the fol20 lowing new subsection: 21 ‘‘(c) SUBSEQUENT STUDY AND REPORT.— 22 ‘‘(1) IN GENERAL.—Not later than September 23 30, 2028, the Secretary shall conduct a study to— 24 ‘‘(A) analyze, to the extent practicable, the 25 criteria established by hospitals under the Acute VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 476. 476 1 Hospital Care at Home initiative to determine 2 which individuals may be furnished services 3 under such initiative; and 4 ‘‘(B) analyze and compare (both within 5 and between hospitals participating in the ini6 tiative, and relative to comparable hospitals 7 that do not participate in the initiative, for rel8 evant parameters such as diagnosis-related 9 groups)— 10 ‘‘(i) quality of care furnished to indi11 viduals with similar conditions and charac12 teristics in the inpatient setting and 13 through the Acute Hospital Care at Home 14 initiative, including health outcomes, hos15 pital readmission rates (including readmis16 sions both within and beyond 30 days post17 discharge), hospital mortality rates, length 18 of stay, infection rates, composition of care 19 team (including the types of labor used, 20 such as contracted labor), the ratio of 21 nursing staff, transfers from the hospital 22 to the home, transfers from the home to 23 the hospital (including the timing, fre24 quency, and causes of such transfers), 25 transfers and discharges to post-acute care VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 477. 477 1 settings (including the timing, frequency, 2 and causes of such transfers and dis3 charges), and patient and caregiver experi4 ence of care; 5 ‘‘(ii) clinical conditions treated and di6 agnosis-related groups of discharges from 7 inpatient settings relative to discharges 8 from the Acute Hospital Care at Home ini9 tiative; 10 ‘‘(iii) costs incurred by the hospital 11 for furnishing care in inpatient settings 12 relative to costs incurred by the hospital 13 for furnishing care through the Acute Hos14 pital Care at Home initiative, including 15 costs relating to staffing, equipment, food, 16 prescriptions, and other services, as deter17 mined by the Secretary; 18 ‘‘(iv) the quantity, mix, and intensity 19 of services (such as in-person visits and 20 virtual contacts with patients and the in21 tensity of such services) furnished in inpa22 tient settings relative to the Acute Hospital 23 Care at Home initiative, and, to the extent 24 practicable, the nature and extent of family 25 or caregiver involvement; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 478. 478 1 ‘‘(v) socioeconomic information on in2 dividuals treated in comparable inpatient 3 settings relative to the initiative, including 4 racial and ethnic data, income, housing, 5 geographic proximity to the brick-and-mor6 tar facility and whether such individuals 7 are dually eligible for benefits under this 8 title and title XIX; and 9 ‘‘(vi) the quality of care, outcomes, 10 costs, quantity and intensity of services, 11 and other relevant metrics between individ12 uals who entered into the Acute Hospital 13 Care at Home initiative directly from an 14 emergency department compared with indi15 viduals who entered into the Acute Hos16 pital Care at Home initiative directly from 17 an existing inpatient stay in a hospital. 18 ‘‘(2) SELECTION BIAS.—In conducting the 19 study under paragraph (1), the Secretary shall, to 20 the extent practicable, analyze and compare individ21 uals who participate and do not participate in the 22 initiative controlling for selection bias or other fac23 tors that may impact the reliability of data. 24 ‘‘(3) REPORT.—Not later than September 30, 25 2028, the Secretary of Health and Human Services VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 479. 479 1 shall post on a website of the Centers for Medicare 2 & Medicaid Services a report on the study conducted 3 under paragraph (1). 4 ‘‘(4) FUNDING.—In addition to amounts other5 wise available, there is appropriated to the Centers 6 for Medicare & Medicaid Services Program Manage7 ment Account for fiscal year 2025, out of any 8 amounts in the Treasury not otherwise appropriated, 9 $6,000,000, respectively, to remain available until 10 expended, for purposes of carrying out this section.’’. 11 SEC. 212. ENHANCING CERTAIN PROGRAM INTEGRITY RE12 QUIREMENTS FOR DME UNDER MEDICARE. 13 (a) DURABLE MEDICAL EQUIPMENT.— 14 (1) IN GENERAL.—Section 1834(a) of the So15 cial Security Act (42 U.S.C. 1395m(a)) is amended 16 by adding at the end the following new paragraph: 17 ‘‘(23) MASTER LIST INCLUSION AND CLAIM RE18 VIEW FOR CERTAIN ITEMS.— 19 ‘‘(A) MASTER LIST INCLUSION.—Begin20 ning January 1, 2028, for purposes of the Mas21 ter List described in section 414.234(b) of title 22 42, Code of Federal Regulations (or any suc23 cessor regulation), an item for which payment 24 may be made under this subsection shall be 25 treated as having aberrant billing patterns (as VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 480. 480 1 such term is used for purposes of such section) 2 if the Secretary determines that, without ex3 planatory contributing factors (such as fur4 nishing emergent care services), a substantial 5 number of claims for such items under this sub6 section are for such items ordered by a physi7 cian or practitioner who has not previously 8 (during a period of not less than 24 months, as 9 established by the Secretary) furnished to the 10 individual involved any item or service for which 11 payment may be made under this title. 12 ‘‘(B) CLAIM REVIEW.—With respect to 13 items furnished on or after January 1, 2028, 14 that are included on the Master List pursuant 15 to subparagraph (A), if such an item is not sub16 ject to a determination of coverage in advance 17 pursuant to paragraph (15)(C), the Secretary 18 may conduct prepayment review of claims for 19 payment for such item.’’. 20 (2) CONFORMING AMENDMENT FOR PROS21 THETIC DEVICES, ORTHOTICS, AND PROSTHETICS.— 22 Section 1834(h)(3) of the Social Security Act (42 23 U.S.C. 1395m(h)(3)) is amended by inserting ‘‘, and 24 paragraph (23) of subsection (a) shall apply to pros25 thetic devices, orthotics, and prosthetics in the same VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 481. 481 1 manner as such provision applies to items for which 2 payment may be made under such subsection’’ be3 fore the period at the end. 4 (b) REPORT ON IDENTIFYING CLINICAL DIAGNOSTIC 5 LABORATORY TESTS AT HIGH RISK FOR FRAUD AND EF6 FECTIVE MITIGATION MEASURES.—Not later than Janu7 ary 1, 2026, the Inspector General of the Department of 8 Health and Human Services shall submit to Congress a 9 report assessing fraud risks relating to claims for clinical 10 diagnostic laboratory tests for which payment may be 11 made under section 1834A of the Social Security Act (42 12 U.S.C. 1395m–1) and effective tools for reducing such 13 fraudulent claims. The report may include information re14 garding— 15 (1) which, if any, clinical diagnostic laboratory 16 tests are identified as being at high risk of fraudu17 lent claims, and an analysis of the factors that con18 tribute to such risk; 19 (2) with respect to a clinical diagnostic labora20 tory test identified under paragraph (1) as being at 21 high risk of fraudulent claims— 22 (A) the amount payable under such section 23 1834A with respect to such test; 24 (B) the number of such tests furnished to 25 individuals enrolled under part B of title XVIII VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 482. 482 1 of the Social Security Act (42 U.S.C. 1395j et 2 seq.); 3 (C) whether an order for such a test was 4 more likely to come from a provider with whom 5 the individual involved did not have a prior re6 lationship, as determined on the basis of prior 7 payment experience; and 8 (D) the frequency with which a claim for 9 payment under such section 1834A included the 10 payment modifier identified by code 59 or 91; 11 and 12 (3) suggested strategies for reducing the num13 ber of fraudulent claims made with respect to tests 14 so identified as being at high risk, including— 15 (A) an analysis of whether the Centers for 16 Medicare & Medicaid Services can detect aber17 rant billing patterns with respect to such tests 18 in a timely manner; 19 (B) any strategies for identifying and mon20 itoring the providers who are outliers with re21 spect to the number of such tests that such pro22 viders order; and 23 (C) targeted education efforts to mitigate 24 improper billing for such tests; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 483. 483 1 (4) such other information as the Inspector 2 General determines appropriate. 3 SEC. 213. GUIDANCE ON FURNISHING SERVICES VIA TELE4 HEALTH TO INDIVIDUALS WITH LIMITED 5 ENGLISH PROFICIENCY. 6 (a) IN GENERAL.—Not later than 1 year after the 7 date of the enactment of this section, the Secretary of 8 Health and Human Services, in consultation with 1 or 9 more entities from each of the categories described in 10 paragraphs (1) through (7) of subsection (b), shall issue 11 and disseminate, or update and revise as applicable, guid12 ance for the entities described in such subsection on the 13 following: 14 (1) Best practices on facilitating and inte15 grating use of interpreters during a telemedicine ap16 pointment. 17 (2) Best practices on providing accessible in18 structions on how to access telecommunications sys19 tems (as such term is used for purposes of section 20 1834(m) of the Social Security Act (42 U.S.C. 21 1395m(m)) for individuals with limited English pro22 ficiency. 23 (3) Best practices on improving access to dig24 ital patient portals for individuals with limited 25 English proficiency. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00483 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 484. 484 1 (4) Best practices on integrating the use of 2 video platforms that enable multi-person video calls 3 furnished via a telecommunications system for pur4 poses of providing interpretation during a telemedi5 cine appointment for an individual with limited 6 English proficiency. 7 (5) Best practices for providing patient mate8 rials, communications, and instructions in multiple 9 languages, including text message appointment re10 minders and prescription information. 11 (b) ENTITIES DESCRIBED.—For purposes of sub12 section (a), an entity described in this subsection is an 13 entity in 1 or more of the following categories: 14 (1) Health information technology service pro15 viders, including— 16 (A) electronic medical record companies; 17 (B) remote patient monitoring companies; 18 and 19 (C) telehealth or mobile health vendors and 20 companies. 21 (2) Health care providers, including— 22 (A) physicians; and 23 (B) hospitals. 24 (3) Health insurers. 25 (4) Language service companies. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00484 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 485. 485 1 (5) Interpreter or translator professional asso2 ciations. 3 (6) Health and language services quality certifi4 cation organizations. 5 (7) Patient and consumer advocates, including 6 such advocates that work with individuals with lim7 ited English proficiency. 8 SEC. 214. IN-HOME CARDIOPULMONARY REHABILITATION 9 FLEXIBILITIES. 10 (a) IN GENERAL.—Section 1861(eee)(2) of the Social 11 Security Act (42 U.S.C. 1395x(eee)(2)) is amended— 12 (1) in subparagraph (A)(ii), by inserting ‘‘(in13 cluding, with respect to items and services furnished 14 through audio and video real-time communications 15 technology (excluding audio-only) on or after Janu16 ary 1, 2025, and before January 1, 2027, in the 17 home of an individual who is an outpatient of the 18 hospital)’’ after ‘‘outpatient basis’’; and 19 (2) in subparagraph (B), by inserting ‘‘(includ20 ing, with respect to items and services furnished 21 through audio and video real-time communications 22 technology on or after January 1, 2025, and before 23 January 1, 2027, the virtual presence of such physi24 cian, physician assistant, nurse practitioner, or clin25 ical nurse specialist)’’ after ‘‘under the program’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 486. 486 1 (b) PROGRAM INSTRUCTION AUTHORITY.—Notwith2 standing any other provision of law, the Secretary of 3 Health and Human Services may implement the amend4 ments made by this section by program instruction or oth5 erwise. 6 SEC. 215. INCLUSION OF VIRTUAL DIABETES PREVENTION 7 PROGRAM SUPPLIERS IN MDPP EXPANDED 8 MODEL. 9 (a) IN GENERAL.—Not later than January 1, 2026, 10 the Secretary shall revise the regulations under parts 410 11 and 424 of title 42, Code of Federal Regulations, to pro12 vide that, for the period beginning January 1, 2026, and 13 ending December 31, 2030— 14 (1) an entity may participate in the MDPP by 15 offering only online MDPP services via synchronous 16 or asynchronous technology or telecommunications if 17 such entity meets the conditions for enrollment as 18 an MDPP supplier (as specified in section 19 424.205(b) of title 42, Code of Federal Regulations 20 (or a successor regulation)); 21 (2) if an entity participates in the MDPP in the 22 manner described in paragraph (1)— 23 (A) the administrative location of such en24 tity shall be the address of the entity on file VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 487. 487 1 under the Diabetes Prevention Recognition Pro2 gram; and 3 (B) in the case of online MDPP services 4 furnished by such entity to an MDPP bene5 ficiary who was not located in the same State 6 as the entity at the time such services were fur7 nished, the entity shall not be prohibited from 8 submitting a claim for payment for such serv9 ices solely by reason of the location of such ben10 eficiary at such time; and 11 (3) no limit is applied on the number of times 12 an individual may enroll in the MDPP. 13 (b) DEFINITIONS.—In this section: 14 (1) MDPP.—The term ‘‘MDPP’’ means the 15 Medicare Diabetes Prevention Program conducted 16 under section 1115A of the Social Security Act (42 17 U.S.C. 1315a), as described in the final rule pub18 lished in the Federal Register entitled ‘‘Medicare 19 and Medicaid Programs; CY 2024 Payment Policies 20 Under the Physician Fee Schedule and Other 21 Changes to Part B Payment and Coverage Policies; 22 Medicare Shared Savings Program Requirements; 23 Medicare Advantage; Medicare and Medicaid Pro24 vider and Supplier Enrollment Policies; and Basic VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 488. 488 1 Health Program’’ (88 Fed. Reg. 78818 (November 2 16, 2023)) (or a successor regulation). 3 (2) REGULATORY TERMS.—The terms ‘‘Diabe4 tes Prevention Recognition Program’’, ‘‘full CDC 5 DPRP recognition’’, ‘‘MDPP beneficiary’’, ‘‘MDPP 6 services’’, and ‘‘MDPP supplier’’ have the meanings 7 given each such term in section 410.79(b) of title 8 42, Code of Federal Regulations. 9 (3) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of Health and Human Services. 11 SEC. 216. MEDICATION-INDUCED MOVEMENT DISORDER 12 OUTREACH AND EDUCATION. 13 Not later than January 1, 2026, the Secretary shall 14 use existing communications mechanisms to provide edu15 cation and outreach to physicians and appropriate non16 physician practitioners participating under the Medicare 17 program under title XVIII of the Social Security Act (42 18 U.S.C. 1395 et seq.) with respect to periodic screening for 19 medication-induced movement disorders that are associ20 ated with the treatment of mental health disorders in at21 risk patients, as well as resources related to clinical guide22 lines and best practices for furnishing such screening serv23 ices through telehealth. Such education and outreach shall 24 include information on how to account for such screening 25 services in evaluation and management code selection. The VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 489. 489 1 Secretary shall, to the extent practicable, seek input from 2 relevant stakeholders to inform such education and out3 reach. Such education and outreach may also address 4 other relevant screening services furnished through tele5 health, as the Secretary determines appropriate. 6 SEC. 217. REPORT ON WEARABLE MEDICAL DEVICES. 7 Not later than 18 months after the date of the enact8 ment of this Act, the Comptroller General of the United 9 States shall conduct a technology assessment of, and sub10 mit to Congress a report on, the capabilities and limita11 tions of wearable medical devices used to support clinical 12 decision-making. Such report shall include a description 13 of— 14 (1) the potential for such devices to accurately 15 prescribe treatments; 16 (2) an examination of the benefits and chal17 lenges of artificial intelligence to augment such ca18 pabilities; and 19 (3) policy options to enhance the benefits and 20 mitigate potential challenges of developing or using 21 such devices. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00489 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 490. 490 1 SEC. 218. EXTENSION OF TEMPORARY INCLUSION OF AU2 THORIZED ORAL ANTIVIRAL DRUGS AS COV3 ERED PART D DRUGS. 4 Section 1860D–2(e)(1)(C) of the Social Security Act 5 (42 U.S.C. 1395w–102(e)(1)(C)) is amended by striking 6 ‘‘December 31, 2024’’ and inserting ‘‘December 31, 7 2025’’. 8 SEC. 219. EXTENSION OF ADJUSTMENT TO CALCULATION 9 OF HOSPICE CAP AMOUNT. 10 Section 1814(i)(2)(B) of the Social Security Act (42 11 U.S.C. 1395f(i)(2)(B)) is amended— 12 (1) in clause (ii), by striking ‘‘2033’’ and in13 serting ‘‘2034’’; and 14 (2) in clause (iii), by striking ‘‘2033’’ and in15 serting ‘‘2034’’. 16 SEC. 220. MULTIYEAR CONTRACTING AUTHORITY FOR 17 MEDPAC AND MACPAC. 18 Section 3904 of title 41, United States Code, is 19 amended by adding at the end the following new sub20 sections: 21 ‘‘(i) THE MEDICARE PAYMENT ADVISORY COMMIS22 SION.—The Medicare Payment Advisory Commission may 23 use available funds to enter into contracts for the procure24 ment of severable services for a period that begins in one 25 fiscal year and ends in the next fiscal year and may enter 26 into multiyear contracts for the acquisition of property VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 491. 491 1 and services to the same extent as executive agencies 2 under the authority of sections 3902 and 3903 of this 3 title. 4 ‘‘(j) THE MEDICAID AND CHIP PAYMENT AND AC5 CESS COMMISSION.—The Medicaid and CHIP Payment 6 and Access Commission may use available funds to enter 7 into contracts for the procurement of severable services 8 for a period that begins in one fiscal year and ends in 9 the next fiscal year and may enter into multiyear contracts 10 for the acquisition of property and services to the same 11 extent as executive agencies under the authority of sec12 tions 3902 and 3903 of this title.’’. 13 SEC. 221. CONTRACTING PARITY FOR MEDPAC AND 14 MACPAC. 15 In fiscal year 2025 and thereafter, for all contracts 16 for goods and services to which the Medicare and Payment 17 Advisory Commission or the Medicaid and CHIP Payment 18 and Access Commission is a party, the following Federal 19 Acquisition Regulation (FAR) clauses will apply: FAR 20 52.232–39 and FAR 52.233–4 (or a successor clause). 21 SEC. 222. ADJUSTMENTS TO MEDICARE PART D COST-SHAR22 ING REDUCTIONS FOR LOW-INCOME INDIVID23 UALS. 24 Section 1860D–14(a) of the Social Security Act (42 25 U.S.C. 1395w–114(a)) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00491 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 492. 492 1 (1) in paragraph (1)(D)(ii), by striking ‘‘that 2 does not exceed $1 for’’ and all that follows through 3 the period at the end and inserting ‘‘that does not 4 exceed— 5 ‘‘(I) for a plan year before 6 2027— 7 ‘‘(aa) for a generic drug or a 8 preferred drug that is a multiple 9 source drug (as defined in section 10 1927(k)(7)(A)(i)), $1 or, if less, 11 the copayment amount applicable 12 to an individual under clause 13 (iii); and 14 ‘‘(bb) for any other drug, $3 15 or, if less, the copayment amount 16 applicable to an individual under 17 clause (iii); and 18 ‘‘(II) for plan year 2027 and 19 each subsequent plan year— 20 ‘‘(aa) for a generic drug, $0; 21 ‘‘(bb) for a preferred drug 22 that is a multiple source drug (as 23 defined in section 24 1927(k)(7)(A)(i)), the dollar 25 amount applied under this clause VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 493. 493 1 for such a drug for the preceding 2 plan year, increased by the an3 nual percentage increase in the 4 consumer price index (all items; 5 U.S. city average) as of Sep6 tember of such preceding year, 7 or, if less, the copayment amount 8 applicable to an individual under 9 clause (iii); and 10 ‘‘(cc) for a drug not de11 scribed in either item (aa) or 12 (bb), the dollar amount applied 13 under this clause for such a drug 14 for the preceding plan year, in15 creased in the manner specified 16 in item (bb), or, if less, the co17 payment amount applicable to an 18 individual under clause (iii). 19 Any amount established under item (bb) or 20 (cc) of subclause (II), that is based on an 21 increase of $1 or $3, that is not a multiple 22 of 5 cents or 10 cents, respectively, shall 23 be rounded to the nearest multiple of 5 24 cents or 10 cents, respectively.’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 494. 494 1 (2) in paragraph (4)(A)(ii), by inserting ‘‘(be2 fore 2027)’’ after ‘‘a subsequent year’’. 3 SEC. 223. REQUIRING ENHANCED AND ACCURATE LISTS OF 4 (REAL) HEALTH PROVIDERS ACT. 5 (a) IN GENERAL.—Section 1852(c) of the Social Se6 curity Act (42 U.S.C. 1395w–22(c)) is amended— 7 (1) in paragraph (1)(C)— 8 (A) by striking ‘‘plan, and any’’ and insert9 ing ‘‘plan, any’’; and 10 (B) by inserting the following before the 11 period at the end: ‘‘, and, in the case of a speci12 fied MA plan (as defined in paragraph (3)(C)), 13 for plan year 2027 and subsequent plan years, 14 the information described in paragraph (3)(B)’’; 15 and 16 (2) by adding at the end the following new 17 paragraph: 18 ‘‘(3) PROVIDER DIRECTORY ACCURACY.— 19 ‘‘(A) IN GENERAL.—For plan year 2027 20 and subsequent plan years, each MA organiza21 tion offering a specified MA plan (as defined in 22 subparagraph (C)) shall, for each such plan of23 fered by the organization— 24 ‘‘(i) maintain, on a publicly available 25 internet website, an accurate provider diVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00494 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 495. 495 1 rectory that includes the information de2 scribed in subparagraph (B); 3 ‘‘(ii) not less frequently than once 4 every 90 days (or, in the case of a hospital 5 or any other facility determined appro6 priate by the Secretary, at a lesser fre7 quency specified by the Secretary but in no 8 case less frequently than once every 12 9 months), verify the provider directory in10 formation of each provider listed in such 11 directory and, if applicable, update such 12 provider directory information; 13 ‘‘(iii) if the organization is unable to 14 verify such information with respect to a 15 provider, include in such directory an indi16 cation that the information of such pro17 vider may not be up to date; and 18 ‘‘(iv) remove a provider from such di19 rectory within 5 business days if the orga20 nization determines that the provider is no 21 longer a provider participating in the net22 work of such plan. 23 ‘‘(B) PROVIDER DIRECTORY INFORMA24 TION.—The information described in this sub25 paragraph is information enrollees may need to VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 496. 496 1 access covered benefits from a provider with 2 which such organization offering such plan has 3 an agreement for furnishing items and services 4 covered under such plan such as name, spe5 cialty, contact information, primary office or fa6 cility address, whether the provider is accepting 7 new patients, accommodations for people with 8 disabilities, cultural and linguistic capabilities, 9 and telehealth capabilities. 10 ‘‘(C) SPECIFIED MA PLAN.—In this para11 graph, the term ‘specified MA plan’ means— 12 ‘‘(i) a network-based plan (as defined 13 in subsection (d)(5)(C)); or 14 ‘‘(ii) a Medicare Advantage private 15 fee-for-service plan (as defined in section 16 1859(b)(2)) that meets the access stand17 ards under subsection (d)(4), in whole or 18 in part, through entering into contracts or 19 agreements as provided for under subpara20 graph (B) of such subsection.’’. 21 (b) ACCOUNTABILITY FOR PROVIDER DIRECTORY 22 ACCURACY.— 23 (1) COST SHARING FOR SERVICES FURNISHED 24 BASED ON RELIANCE ON INCORRECT PROVIDER DI25 RECTORY INFORMATION.—Section 1852(d) of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 497. 497 1 Social Security Act (42 U.S.C. 1395w–22(d)) is 2 amended— 3 (A) in paragraph (1)(C)— 4 (i) in clause (ii), by striking ‘‘or’’ at 5 the end; 6 (ii) in clause (iii), by striking the 7 semicolon at the end and inserting ‘‘, or’’; 8 and 9 (iii) by adding at the end the fol10 lowing new clause: 11 ‘‘(iv) the services are furnished by a 12 provider that is not participating in the 13 network of a specified MA plan (as defined 14 in subsection (c)(3)(C)) but is listed in the 15 provider directory of such plan on the date 16 on which the appointment is made, as de17 scribed in paragraph (7)(A);’’; and 18 (B) by adding at the end the following new 19 paragraph: 20 ‘‘(7) COST SHARING FOR SERVICES FURNISHED 21 BASED ON RELIANCE ON INCORRECT PROVIDER DI22 RECTORY INFORMATION.— 23 ‘‘(A) IN GENERAL.—For plan year 2027 24 and subsequent plan years, if an enrollee is fur25 nished an item or service by a provider that is VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 498. 498 1 not participating in the network of a specified 2 MA plan (as defined in subsection (c)(3)(C)) 3 but is listed in the provider directory of such 4 plan (as required to be provided to an enrollee 5 pursuant to subsection (c)(1)(C)) on the date 6 on which the appointment is made, and if such 7 item or service would otherwise be covered 8 under such plan if furnished by a provider that 9 is participating in the network of such plan, the 10 MA organization offering such plan shall ensure 11 that the enrollee is only responsible for the less12 er of— 13 ‘‘(i) the amount of cost sharing that 14 would apply if such provider had been par15 ticipating in the network of such plan; or 16 ‘‘(ii) the amount of cost sharing that 17 would otherwise apply (without regard to 18 this subparagraph). 19 ‘‘(B) NOTIFICATION REQUIREMENT.—For 20 plan year 2027 and subsequent plan years, each 21 MA organization that offers a specified MA 22 plan shall— 23 ‘‘(i) notify enrollees of their cost-shar24 ing protections under this paragraph and 25 make such notifications, to the extent VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 499. 499 1 practicable, by not later than the first day 2 of an annual, coordinated election period 3 under section 1851(e)(3) with respect to a 4 year; 5 ‘‘(ii) include information regarding 6 such cost-sharing protections in the pro7 vider directory of each specified MA plan 8 offered by the MA organization.; and 9 ‘‘(iii) notify enrollees of their cost10 sharing protections under this paragraph 11 in an explanation of benefits.’’. 12 (2) REQUIRED PROVIDER DIRECTORY ACCU13 RACY ANALYSIS AND REPORTS.— 14 (A) IN GENERAL.—Section 1857(e) of the 15 Social Security Act (42 U.S.C. 1395w–27(e)) is 16 amended by adding at the end the following 17 new paragraph: 18 ‘‘(6) PROVIDER DIRECTORY ACCURACY ANAL19 YSIS AND REPORTS.— 20 ‘‘(A) IN GENERAL.—Beginning with plan 21 years beginning on or after January 1, 2027, 22 subject to subparagraph (C), a contract under 23 this section with an MA organization shall re24 quire the organization, for each specified MA 25 plan (as defined in section 1852(c)(3)(C)) ofVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 500. 500 1 fered by the organization to annually do the fol2 lowing: 3 ‘‘(i) Conduct an analysis estimating 4 the accuracy of the provider directory in5 formation of such plan using a random 6 sample of providers included in such pro7 vider directory as follows: 8 ‘‘(I) Such a random sample shall 9 include a random sample of each spe10 cialty of providers with a high inaccu11 racy rate of provider directory infor12 mation relative to other specialties of 13 providers, as determined by the Sec14 retary. 15 ‘‘(II) For purposes of subclause 16 (I), one type of specialty may be pro17 viders specializing in mental health or 18 substance use disorder treatment. 19 ‘‘(ii) Submit to the Secretary a report 20 containing the results of the analysis con21 ducted under clause (i), including an accu22 racy score for such provider directory in23 formation (as determined using a plan 24 verification method specified by the Sec25 retary under subparagraph (B)(i)). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 501. 501 1 ‘‘(B) DETERMINATION OF ACCURACY 2 SCORE.— 3 ‘‘(i) IN GENERAL.—The Secretary 4 shall specify plan verification methods, 5 such as using telephonic verification or 6 other approaches using data sources main7 tained by an MA organization or using 8 publicly available data sets, that MA orga9 nizations may use for estimating accuracy 10 scores of the provider directory information 11 of specified MA plans offered by such or12 ganizations. 13 ‘‘(ii) ACCURACY SCORE METHOD14 OLOGY.—With respect to each such meth15 od specified by the Secretary as described 16 in clause (i), the Secretary shall specify a 17 methodology for MA organizations to use 18 in estimating such accuracy scores. Each 19 such methodology shall take into account 20 the administrative burden on plans and 21 providers and the relative importance of 22 certain provider directory information on 23 enrollee ability to access care. 24 ‘‘(C) EXCEPTION.—The Secretary may 25 waive the requirements of this paragraph in the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 502. 502 1 case of a specified MA plan with low enrollment 2 (as defined by the Secretary). 3 ‘‘(D) TRANSPARENCY.—Beginning with 4 plan years beginning on or after January 1, 5 2028, the Secretary shall post accuracy scores 6 (as reported under subparagraph (A)(ii)), in a 7 machine readable file, on the internet website of 8 the Centers for Medicare & Medicaid Services.’’. 9 (B) PROVISION OF INFORMATION TO 10 BENEFICIARIES.—Section 1851(d)(4) of the So11 cial Security Act (42 U.S.C. 1395w–21(d)(4)) 12 is amended by adding at the end the following 13 new subparagraph: 14 ‘‘(F) PROVIDER DIRECTORY.—Beginning 15 with plan years beginning on or after January 16 1, 2028, the accuracy score of the plan’s pro17 vider directory (as reported under section 18 1857(e)(6)(A)(ii)) listed prominently on the 19 plan’s provider directory.’’. 20 (C) FUNDING.—In addition to amounts 21 otherwise available, there is appropriated to the 22 Centers for Medicare & Medicaid Services Pro23 gram Management Account, out of any money 24 in the Treasury not otherwise appropriated, 25 $4,000,000 for fiscal year 2025, to remain VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 503. 503 1 available until expended, to carry out the 2 amendments made by this paragraph. 3 (3) GAO STUDY AND REPORT.— 4 (A) ANALYSIS.—The Comptroller General 5 of the United States (in this paragraph referred 6 to as the ‘‘Comptroller General’’) shall conduct 7 a study of the implementation of the amend8 ments made by paragraphs (1) and (2). To the 9 extent data are available and reliable, such 10 study shall include an analysis of— 11 (i) the use of cost-sharing protections 12 required under section 1852(d)(7)(A) of 13 the Social Security Act, as added by para14 graph (1); 15 (ii) the trends in provider directory in16 formation accuracy scores under section 17 1857(e)(6)(A)(ii) of the Social Security 18 Act (as added by paragraph (2)(A)), both 19 overall and among providers specializing in 20 mental health or substance use disorder 21 treatment; 22 (iii) provider response rates by plan 23 verification methods; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 504. 504 1 (iv) administrative costs to providers 2 and Medicare Advantage organizations; 3 and 4 (v) other items determined appro5 priate by the Comptroller General. 6 (B) REPORT.—Not later than January 15, 7 2032, the Comptroller General shall submit to 8 Congress a report containing the results of the 9 study conducted under subparagraph (A), to10 gether with recommendations for such legisla11 tion and administrative action as the Comp12 troller General determines appropriate. 13 (c) GUIDANCE ON MAINTAINING ACCURATE PRO14 VIDER DIRECTORIES.— 15 (1) STAKEHOLDER MEETING.— 16 (A) IN GENERAL.—Not later than 3 17 months after the date of enactment of this Act, 18 the Secretary of Health and Human Services 19 (referred to in this subsection as the ‘‘Sec20 retary’’) shall hold a public meeting to receive 21 input on approaches for maintaining accurate 22 provider directories for Medicare Advantage 23 plans under part C of title XVIII of the Social 24 Security Act (42 U.S.C. 1395w–21 et seq.), in25 cluding input on approaches for reducing adVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 505. 505 1 ministrative burden, such as data standardiza2 tion, and best practices to maintain accurate 3 provider directory information. 4 (B) PARTICIPANTS.—Participants of the 5 meeting under subparagraph (A) shall include 6 representatives from the Centers for Medicare & 7 Medicaid Services and the Assistant Secretary 8 for Technology Policy and Office of the Na9 tional Coordinator for Health Information 10 Technology. Such meeting shall be open to the 11 public. To the extent practicable, the Secretary 12 shall include health care providers, companies 13 that specialize in relevant technologies, health 14 insurers, and patient advocates. 15 (2) GUIDANCE TO MEDICARE ADVANTAGE OR16 GANIZATIONS.—Not later than 12 months after the 17 date of enactment of this Act, the Secretary shall 18 issue guidance to Medicare Advantage organizations 19 offering Medicare Advantage plans under part C of 20 title XVIII of the Social Security Act (42 U.S.C. 21 1395w–21 et seq.) on maintaining accurate provider 22 directories for such plans, taking into consideration 23 input received during the stakeholder meeting under 24 paragraph (1). Such guidance may include the fol25 lowing, as determined appropriate by the Secretary: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 506. 506 1 (A) Best practices for Medicare Advantage 2 organizations on how to work with providers to 3 maintain the accuracy of provider directories 4 and reduce provider and Medicare Advantage 5 organization burden with respect to maintaining 6 the accuracy of provider directories. 7 (B) Information on data sets and data 8 sources with information that could be used by 9 Medicare Advantage organizations to maintain 10 accurate provider directories. 11 (C) Approaches for utilizing data sources 12 maintained by Medicare Advantage organiza13 tions and publicly available data sets to main14 tain accurate provider directories. 15 (D) Information to be included in provider 16 directories that may be useful for Medicare 17 beneficiaries to assess plan networks when se18 lecting a plan and accessing providers partici19 pating in plan networks during the plan year. 20 (3) GUIDANCE TO PART B PROVIDERS.—Not 21 later than 12 months after the date of enactment of 22 this Act, the Secretary shall issue guidance to pro23 viders of services and suppliers who furnish items or 24 services for which benefits are available under part 25 B of title XVIII of the Social Security Act (42 VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 507. 507 1 U.S.C. 1395j et seq.) on when to update the Na2 tional Plan and Provider Enumeration System for 3 information changes. 4 SEC. 224. MEDICARE COVERAGE OF MULTI-CANCER EARLY 5 DETECTION SCREENING TESTS. 6 (a) COVERAGE.—Section 1861 of the Social Security 7 Act (42 U.S.C. 1395x) is amended— 8 (1) in subsection (s)(2)— 9 (A) by striking the semicolon at the end of 10 subparagraph (JJ) and inserting ‘‘; and’’; and 11 (B) by adding at the end the following new 12 subparagraph: 13 ‘‘(KK) multi-cancer early detection screen14 ing tests (as defined in subsection (nnn));’’; and 15 (2) by adding at the end the following new sub16 section: 17 ‘‘(nnn) MULTI-CANCER EARLY DETECTION SCREEN18 ING TESTS.— 19 ‘‘(1) IN GENERAL.—The term ‘multi-cancer 20 early detection screening test’ means a test fur21 nished to an individual for the concurrent detection 22 of multiple cancer types across multiple organ sites 23 on or after January 1, 2029, that— 24 ‘‘(A) is cleared under section 510(k), clas25 sified under section 513(f)(2), or approved VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 508. 508 1 under section 515 of the Federal Food, Drug, 2 and Cosmetic Act; 3 ‘‘(B) is— 4 ‘‘(i) a genomic sequencing blood or 5 blood product test that includes the anal6 ysis of cell-free nucleic acids; or 7 ‘‘(ii) a test based on samples of bio8 logical material that provide results com9 parable to those obtained with a test de10 scribed in clause (i), as determined by the 11 Secretary; and 12 ‘‘(C) the Secretary determines is— 13 ‘‘(i) reasonable and necessary for the 14 prevention or early detection of an illness 15 or disability; and 16 ‘‘(ii) appropriate for individuals enti17 tled to benefits under part A or enrolled 18 under part B. 19 ‘‘(2) NCD PROCESS.—In making determina20 tions under paragraph (1)(C) regarding the coverage 21 of a new test, the Secretary shall use the process for 22 making national coverage determinations (as defined 23 in section 1869(f)(1)(B)) under this title.’’. 24 (b) PAYMENT AND STANDARDS FOR MULTI-CANCER 25 EARLY DETECTION SCREENING TESTS.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 509. 509 1 (1) IN GENERAL.—Section 1834 of the Social 2 Security Act (42 U.S.C. 1395m) is amended by add3 ing at the end the following new subsection: 4 ‘‘(aa) PAYMENT AND STANDARDS FOR MULTI-CAN5 CER EARLY DETECTION SCREENING TESTS.— 6 ‘‘(1) PAYMENT AMOUNT.—The payment 7 amount for a multi-cancer early detection screening 8 test (as defined in section 1861(nnn)) is— 9 ‘‘(A) with respect to such a test furnished 10 before January 1, 2031, equal to the payment 11 amount in effect on the date of the enactment 12 of this subsection for a multi-target stool 13 screening DNA test covered pursuant to section 14 1861(pp)(1)(D); and 15 ‘‘(B) with respect to such a test furnished 16 on or after January 1, 2031, equal to the lesser 17 of— 18 ‘‘(i) the amount described in subpara19 graph (A); or 20 ‘‘(ii) the payment amount determined 21 for such test under section 1834A. 22 ‘‘(2) LIMITATIONS.— 23 ‘‘(A) IN GENERAL.—No payment may be 24 made under this part for a multi-cancer early VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00509 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 510. 510 1 detection screening test furnished during a year 2 to an individual if— 3 ‘‘(i) such individual— 4 ‘‘(I) is under 50 years of age; or 5 ‘‘(II) as of January 1 of such 6 year, has attained the age specified in 7 subparagraph (B) for such year; or 8 ‘‘(ii) such a test was furnished to the 9 individual during the previous 11 months. 10 ‘‘(B) AGE SPECIFIED.—For purposes of 11 subparagraph (A)(i)(II), the age specified in 12 this subparagraph is— 13 ‘‘(i) for 2029, 65 years of age; and 14 ‘‘(ii) for a succeeding year, the age 15 specified in this subparagraph for the pre16 ceding year, increased by 1 year. 17 ‘‘(C) STANDARDS FOLLOWING USPSTF 18 RATING OF A OR B.—In the case of a multi-can19 cer early detection screening test that is rec20 ommended with a grade of A or B by the 21 United States Preventive Services Task Force, 22 beginning on the date on which coverage for 23 such test is provided pursuant to section 24 1861(ddd)(1), the preceding provisions of this 25 paragraph shall not apply.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 511. 511 1 (2) CONFORMING AMENDMENTS.— 2 (A) Section 1833 of the Social Security 3 Act (42 U.S.C. 1395l) is amended— 4 (i) in subsection (a)— 5 (I) in paragraph (1)(D)(i)(I), by 6 striking ‘‘section 1834(d)(1)’’ and in7 serting ‘‘subsection (d)(1) or (aa) of 8 section 1834’’; and 9 (II) in paragraph (2)(D)(i)(I), by 10 striking ‘‘section 1834(d)(1)’’ and in11 serting ‘‘subsection (d)(1) or (aa) of 12 section 1834’’; and 13 (ii) in subsection (h)(1)(A), by strik14 ing ‘‘section 1834(d)(1)’’ and inserting 15 ‘‘subsections (d)(1) and (aa) of section 16 1834’’. 17 (B) Section 1862(a)(1)(A) of the Social 18 Security Act (42 U.S.C. 1395y(a)(1)(A)) is 19 amended— 20 (i) by striking ‘‘or additional preven21 tive services’’ and inserting ‘‘, additional 22 preventive services’’; and 23 (ii) by inserting ‘‘, or multi-cancer 24 early detection screening tests (as defined VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 512. 512 1 in section 1861(nnn))’’ after ‘‘(as de2 scribed in section 1861(ddd)(1))’’. 3 (c) RULE OF CONSTRUCTION RELATING TO OTHER 4 CANCER SCREENING TESTS.—Nothing in this section, in5 cluding the amendments made by this section, shall be 6 construed— 7 (1) in the case of an individual who undergoes 8 a multi-cancer early detection screening test, to af9 fect coverage under part B of title XVIII of the So10 cial Security Act for other cancer screening tests 11 covered under such title, such as screening tests for 12 breast, cervical, colorectal, lung, or prostate cancer; 13 or 14 (2) in the case of an individual who undergoes 15 another cancer screening test, to affect coverage 16 under such part for a multi-cancer early detection 17 screening test or the use of such a test as a diag18 nostic or confirmatory test for a result of the other 19 cancer screening test. 20 SEC. 225. MEDICARE COVERAGE OF EXTERNAL INFUSION 21 PUMPS AND NON-SELF-ADMINISTRABLE 22 HOME INFUSION DRUGS. 23 (a) IN GENERAL.—Section 1861(n) of the Social Se24 curity Act (42 U.S.C. 1395x(n)) is amended by adding 25 at the end the following new sentence: ‘‘Beginning with VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00512 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 513. 513 1 the first calendar quarter beginning on or after the date 2 that is 1 year after the date of the enactment of this sen3 tence, an external infusion pump and associated home in4 fusion drug (as defined in subsection (iii)(3)(C)) or other 5 associated supplies that do not meet the appropriate for 6 use in the home requirement applied to the definition of 7 durable medical equipment under section 414.202 of title 8 42, Code of Federal Regulations (or any successor to such 9 regulation) shall be treated as meeting such requirement 10 if each of the following criteria is satisfied: 11 ‘‘(1) The prescribing information approved by 12 the Food and Drug Administration for the home in13 fusion drug associated with the pump instructs that 14 the drug should be administered by or under the su15 pervision of a health care professional. 16 ‘‘(2) A qualified home infusion therapy supplier 17 (as defined in subsection (iii)(3)(D)) administers or 18 supervises the administration of the drug or biologi19 cal in a safe and effective manner in the patient’s 20 home (as defined in subsection (iii)(3)(B)). 21 ‘‘(3) The prescribing information described in 22 paragraph (1) instructs that the drug should be in23 fused at least 12 times per year— 24 ‘‘(A) intravenously or subcutaneously; or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 514. 514 1 ‘‘(B) at infusion rates that the Secretary 2 determines would require the use of an external 3 infusion pump.’’. 4 (b) COST SHARING NOTIFICATION.—The Secretary 5 of Health and Human Services shall ensure that patients 6 are notified of the cost sharing for electing home infusion 7 therapy compared to other applicable settings of care for 8 the furnishing of infusion drugs under the Medicare pro9 gram. 10 SEC. 226. ASSURING PHARMACY ACCESS AND CHOICE FOR 11 MEDICARE BENEFICIARIES. 12 (a) IN GENERAL.—Section 1860D–4(b)(1) of the So13 cial Security Act (42 U.S.C. 1395w–104(b)(1)) is amend14 ed by striking subparagraph (A) and inserting the fol15 lowing: 16 ‘‘(A) IN GENERAL.— 17 ‘‘(i) PARTICIPATION OF ANY WILLING 18 PHARMACY.—A PDP sponsor offering a 19 prescription drug plan shall permit any 20 pharmacy that meets the standard contract 21 terms and conditions under such plan to 22 participate as a network pharmacy of such 23 plan. 24 ‘‘(ii) CONTRACT TERMS AND CONDI25 TIONS.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 515. 515 1 ‘‘(I) IN GENERAL.—Notwith2 standing any other provision of law, 3 for plan years beginning on or after 4 January 1, 2028, in accordance with 5 clause (i), contract terms and condi6 tions offered by such PDP sponsor 7 shall be reasonable and relevant ac8 cording to standards established by 9 the Secretary under subclause (II). 10 ‘‘(II) STANDARDS.—Not later 11 than the first Monday in April of 12 2027, the Secretary shall establish 13 standards for reasonable and relevant 14 contract terms and conditions for pur15 poses of this clause. 16 ‘‘(III) REQUEST FOR INFORMA17 TION.—Not later than April 1, 2026, 18 for purposes of establishing the stand19 ards under subclause (II), the Sec20 retary shall issue a request for infor21 mation to seek input on trends in pre22 scription drug plan and network phar23 macy contract terms and conditions, 24 current prescription drug plan and 25 network pharmacy contracting pracVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 516. 516 1 tices, whether pharmacy reimburse2 ment and dispensing fees paid by 3 PDP sponsors to network pharmacies 4 sufficiently cover the ingredient and 5 operational costs of such pharmacies, 6 the use and application of pharmacy 7 quality measures by PDP sponsors for 8 network pharmacies, PDP sponsor re9 strictions or limitations on the dis10 pensing of covered part D drugs by 11 network pharmacies (or any subsets of 12 such pharmacies), PDP sponsor au13 diting practices for network phar14 macies, areas in current regulations or 15 program guidance related to con16 tracting between prescription drug 17 plans and network pharmacies requir18 ing clarification or additional speci19 ficity, factors for consideration in de20 termining the reasonableness and rel21 evance of contract terms and condi22 tions between prescription drug plans 23 and network pharmacies, and other 24 issues as determined appropriate by 25 the Secretary.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 517. 517 1 (b) ESSENTIAL RETAIL PHARMACIES.—Section 2 1860D–42 of the Social Security Act (42 U.S.C. 1395w– 3 152) is amended by adding at the end the following new 4 subsection: 5 ‘‘(e) ESSENTIAL RETAIL PHARMACIES.— 6 ‘‘(1) IN GENERAL.—With respect to plan years 7 beginning on or after January 1, 2028, the Sec8 retary shall publish reports, at least once every 2 9 years until 2034, and periodically thereafter, that 10 provide information, to the extent feasible, on— 11 ‘‘(A) trends in ingredient cost reimburse12 ment, dispensing fees, incentive payments and 13 other fees paid by PDP sponsors offering pre14 scription drug plans and MA organizations of15 fering MA–PD plans under this part to essen16 tial retail pharmacies (as defined in paragraph 17 (2)) with respect to the dispensing of covered 18 part D drugs, including a comparison of such 19 trends between essential retail pharmacies and 20 pharmacies that are not essential retail phar21 macies; 22 ‘‘(B) trends in amounts paid to PDP spon23 sors offering prescription drug plans and MA 24 organizations offering MA–PD plans under this 25 part by essential retail pharmacies with respect VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 518. 518 1 to the dispensing of covered part D drugs, in2 cluding a comparison of such trends between 3 essential retail pharmacies and pharmacies that 4 are not essential retail pharmacies; 5 ‘‘(C) trends in essential retail pharmacy 6 participation in pharmacy networks and pre7 ferred pharmacy networks for prescription drug 8 plans offered by PDP sponsors and MA–PD 9 plans offered by MA organizations under this 10 part, including a comparison of such trends be11 tween essential retail pharmacies and phar12 macies that are not essential retail pharmacies; 13 ‘‘(D) trends in the number of essential re14 tail pharmacies, including variation in such 15 trends by geographic region or other factors; 16 ‘‘(E) a comparison of cost-sharing for cov17 ered part D drugs dispensed by essential retail 18 pharmacies that are network pharmacies for 19 prescription drug plans offered by PDP spon20 sors and MA–PD plans offered by MA organi21 zations under this part and cost-sharing for 22 covered part D drugs dispensed by other net23 work pharmacies for such plans located in simi24 lar geographic areas that are not essential retail 25 pharmacies; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 519. 519 1 ‘‘(F) a comparison of the volume of cov2 ered part D drugs dispensed by essential retail 3 pharmacies that are network pharmacies for 4 prescription drug plans offered by PDP spon5 sors and MA–PD plans offered by MA organi6 zations under this part and such volume of dis7 pensing by network pharmacies for such plans 8 located in similar geographic areas that are not 9 essential retail pharmacies, including informa10 tion on any patterns or trends in such compari11 son specific to certain types of covered part D 12 drugs, such as generic drugs or drugs specified 13 as specialty drugs by a PDP sponsor under a 14 prescription drug plan or an MA organization 15 under an MA–PD plan; and 16 ‘‘(G) a comparison of the information de17 scribed in subparagraphs (A) through (F) be18 tween essential retail pharmacies that are net19 work pharmacies for prescription drug plans of20 fered by PDP sponsors under this part and es21 sential retail pharmacies that are network phar22 macies for MA–PD plans offered by MA organi23 zations under this part. 24 ‘‘(2) DEFINITION OF ESSENTIAL RETAIL PHAR25 MACY.—In this subsection, the term ‘essential retail VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00519 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 520. 520 1 pharmacy’ means, with respect to a plan year, a re2 tail pharmacy that— 3 ‘‘(A) is not a pharmacy that is an affiliate 4 as defined in paragraph (4); and 5 ‘‘(B) is located in— 6 ‘‘(i) a medically underserved area (as 7 designated pursuant to section 8 330(b)(3)(A) of the Public Health Service 9 Act); 10 ‘‘(ii) a rural area in which there is no 11 other retail pharmacy within 10 miles, as 12 determined by the Secretary; 13 ‘‘(iii) a suburban area in which there 14 is no other retail pharmacy within 2 miles, 15 as determined by the Secretary; or 16 ‘‘(iv) an urban area in which there is 17 no other retail pharmacy within 1 mile, as 18 determined by the Secretary. 19 ‘‘(3) LIST OF ESSENTIAL RETAIL PHAR20 MACIES.— 21 ‘‘(A) PUBLICATION OF LIST OF ESSENTIAL 22 RETAIL PHARMACIES.—For each plan year (be23 ginning with plan year 2028), the Secretary 24 shall publish, on a publicly available internet 25 website of the Centers for Medicare & Medicaid VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 521. 521 1 Services, a list of pharmacies that meet the cri2 teria described in subparagraphs (A) and (B) of 3 paragraph (2) to be considered an essential re4 tail pharmacy. 5 ‘‘(B) REQUIRED SUBMISSIONS FROM PDP 6 SPONSORS.—For each plan year (beginning 7 with plan year 2028), each PDP sponsor offer8 ing a prescription drug plan and each MA orga9 nization offering an MA–PD plan shall submit 10 to the Secretary, for the purposes of deter11 mining retail pharmacies that meet the criterion 12 specified in subparagraph (A) of paragraph (2), 13 a list of retail pharmacies that are affiliates of 14 such sponsor or organization, or are affiliates of 15 a pharmacy benefit manager acting on behalf of 16 such sponsor or organization, at a time, and in 17 a form and manner, specified by the Secretary. 18 ‘‘(C) REPORTING BY PDP SPONSORS AND 19 MA ORGANIZATIONS.—For each plan year be20 ginning with plan year 2027, each PDP sponsor 21 offering a prescription drug plan and each MA 22 organization offering an MA–PD plan under 23 this part shall submit to the Secretary informa24 tion on incentive payments and other fees paid 25 by such sponsor or organization to pharmacies, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 522. 522 1 insofar as any such payments or fees are not 2 otherwise reported, at a time, and in a form 3 and manner, specified by the Secretary. 4 ‘‘(D) IMPLEMENTATION.—Notwithstanding 5 any other provision of law, the Secretary may 6 implement this paragraph by program instruc7 tion or otherwise. 8 ‘‘(E) NONAPPLICATION OF PAPERWORK 9 REDUCTION ACT.—Chapter 35 of title 44, 10 United States Code, shall not apply to the im11 plementation of this paragraph. 12 ‘‘(4) DEFINITION OF AFFILIATE; PHARMACY 13 BENEFIT MANAGER.—In this subsection, the terms 14 ‘affiliate’ and ‘pharmacy benefit manager’ have the 15 meaning given those terms in section 1860D– 16 12(h)(7).’’. 17 (c) ENFORCEMENT.— 18 (1) IN GENERAL.—Section 1860D–4(b)(1) of 19 the Social Security Act (42 U.S.C. 1395w– 20 104(b)(1)) is amended by adding at the end the fol21 lowing new subparagraph: 22 ‘‘(F) ENFORCEMENT OF STANDARDS FOR 23 REASONABLE AND RELEVANT CONTRACT TERMS 24 AND CONDITIONS.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 523. 523 1 ‘‘(i) ALLEGATION SUBMISSION PROC2 ESS.— 3 ‘‘(I) IN GENERAL.—Not later 4 than January 1, 2028, the Secretary 5 shall establish a process through 6 which a pharmacy may submit to the 7 Secretary an allegation of a violation 8 by a PDP sponsor offering a prescrip9 tion drug plan of the standards for 10 reasonable and relevant contract 11 terms and conditions under subpara12 graph (A)(ii), or of subclause (VIII) 13 of this clause. 14 ‘‘(II) FREQUENCY OF SUBMIS15 SION.— 16 ‘‘(aa) IN GENERAL.—Except 17 as provided in item (bb), the alle18 gation submission process under 19 this clause shall allow pharmacies 20 to submit any allegations of vio21 lations described in subclause (I) 22 not more frequently than once 23 per plan year per contract be24 tween a pharmacy and a PDP 25 sponsor. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 524. 524 1 ‘‘(bb) ALLEGATIONS RELAT2 ING TO CONTRACT MODIFICA3 TIONS.—In the case where a con4 tract between a pharmacy and a 5 PDP sponsor is modified fol6 lowing the submission of allega7 tions by a pharmacy with respect 8 to such contract and plan year, 9 the allegation submission process 10 under this clause shall allow such 11 pharmacy to submit an additional 12 allegation related to those modi13 fications with respect to such 14 contract and plan year. 15 ‘‘(III) ACCESS TO RELEVANT 16 DOCUMENTS AND MATERIALS.—A 17 PDP sponsor subject to an allegation 18 under this clause— 19 ‘‘(aa) shall provide docu20 ments or materials, as specified 21 by the Secretary, including con22 tract offers made by such spon23 sor to such pharmacy or cor24 respondence related to such of25 fers, to the Secretary at a time, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 525. 525 1 and in a form and manner, speci2 fied by the Secretary; and 3 ‘‘(bb) shall not prohibit or 4 otherwise limit the ability of a 5 pharmacy to submit such docu6 ments or materials to the Sec7 retary for the purpose of submit8 ting an allegation or providing 9 evidence for such an allegation 10 under this clause. 11 ‘‘(IV) STANDARDIZED TEM12 PLATE.—The Secretary shall establish 13 a standardized template for phar14 macies to use for the submission of al15 legations described in subclause (I). 16 Such template shall require that the 17 submission include a certification by 18 the pharmacy that the information in19 cluded is accurate, complete, and true 20 to the best of the knowledge, informa21 tion, and belief of such pharmacy. 22 ‘‘(V) PREVENTING FRIVOLOUS 23 ALLEGATIONS.—In the case where the 24 Secretary determines that a pharmacy 25 has submitted frivolous allegations VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 526. 526 1 under this clause on a routine basis, 2 the Secretary may temporarily pro3 hibit such pharmacy from using the 4 allegation submission process under 5 this clause, as determined appropriate 6 by the Secretary. 7 ‘‘(VI) EXEMPTION FROM FREE8 DOM OF INFORMATION ACT.—Allega9 tions submitted under this clause shall 10 be exempt from disclosure under sec11 tion 552 of title 5, United States 12 Code. 13 ‘‘(VII) RULE OF CONSTRUC14 TION.—Nothing in this clause shall be 15 construed as limiting the ability of a 16 pharmacy to pursue other legal ac17 tions or remedies, consistent with ap18 plicable Federal or State law, with re19 spect to a potential violation of a re20 quirement described in this subpara21 graph. 22 ‘‘(VIII) ANTI-RETALIATION AND 23 ANTI-COERCION.—Consistent with ap24 plicable Federal or State law, a PDP 25 sponsor shall not— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 527. 527 1 ‘‘(aa) retaliate against a 2 pharmacy for submitting any al3 legations under this clause; or 4 ‘‘(bb) coerce, intimidate, 5 threaten, or interfere with the 6 ability of a pharmacy to submit 7 any such allegations. 8 ‘‘(ii) INVESTIGATION.—The Secretary 9 shall investigate, as determined appro10 priate by the Secretary, allegations sub11 mitted pursuant to clause (i). 12 ‘‘(iii) ENFORCEMENT.— 13 ‘‘(I) IN GENERAL.—In the case 14 where the Secretary determines that a 15 PDP sponsor offering a prescription 16 drug plan has violated the standards 17 for reasonable and relevant contract 18 terms and conditions under subpara19 graph (A)(ii), the Secretary may use 20 authorities under sections 1857(g) 21 and 1860D–12(b)(3)(E) to impose 22 civil monetary penalties or other inter23 mediate sanctions. 24 ‘‘(II) APPLICATION OF CIVIL 25 MONETARY PENALTIES.—The proviVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00527 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 528. 528 1 sions of section 1128A (other than 2 subsections (a) and (b)) shall apply to 3 a civil monetary penalty under this 4 clause in the same manner as such 5 provisions apply to a penalty or pro6 ceeding under section 1128A(a).’’. 7 (2) CONFORMING AMENDMENT.—Section 8 1857(g)(1) of the Social Security Act (42 U.S.C. 9 1395w–27(g)(1)) is amended— 10 (A) in subparagraph (J), by striking ‘‘or’’ 11 after the semicolon; 12 (B) by redesignating subparagraph (K) as 13 subparagraph (L); 14 (C) by inserting after subparagraph (J), 15 the following new subparagraph: 16 ‘‘(K) fails to comply with the standards for 17 reasonable and relevant contract terms and con18 ditions under subparagraph (A)(ii) of section 19 1860D–4(b)(1); or’’; 20 (D) in subparagraph (L), as redesignated 21 by subparagraph (B), by striking ‘‘through (J)’’ 22 and inserting ‘‘through (K)’’; and 23 (E) in the flush matter following subpara24 graph (L), as so redesignated, by striking ‘‘subVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 529. 529 1 paragraphs (A) through (K)’’ and inserting 2 ‘‘subparagraphs (A) through (L)’’. 3 (d) ACCOUNTABILITY OF PHARMACY BENEFIT MAN4 AGERS FOR VIOLATIONS OF REASONABLE AND RELEVANT 5 CONTRACT TERMS AND CONDITIONS.— 6 (1) IN GENERAL.—Section 1860D–12(b) of the 7 Social Security Act (42 U.S.C. 1395w–112) is 8 amended by adding at the end the following new 9 paragraph: 10 ‘‘(9) ACCOUNTABILITY OF PHARMACY BENEFIT 11 MANAGERS FOR VIOLATIONS OF REASONABLE AND 12 RELEVANT CONTRACT TERMS AND CONDITIONS.— 13 For plan years beginning on or after January 1, 14 2028, each contract entered into with a PDP spon15 sor under this part with respect to a prescription 16 drug plan offered by such sponsor shall provide that 17 any pharmacy benefit manager acting on behalf of 18 such sponsor has a written agreement with the PDP 19 sponsor under which the pharmacy benefit manager 20 agrees to reimburse the PDP sponsor for any 21 amounts paid by such sponsor under section 1860D– 22 4(b)(1)(F)(iii)(I) to the Secretary as a result of a 23 violation described in such section if such violation 24 is related to a responsibility delegated to the phar25 macy benefit manager by such PDP sponsor.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00529 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 530. 530 1 (2) MA–PD PLANS.—Section 1857(f)(3) of the 2 Social Security Act (42 U.S.C. 1395w–27(f)(3)) is 3 amended by adding at the end the following new 4 subparagraph: 5 ‘‘(F) ACCOUNTABILITY OF PHARMACY 6 BENEFIT MANAGERS FOR VIOLATIONS OF REA7 SONABLE AND RELEVANT CONTRACT TERMS.— 8 For plan years beginning on or after January 9 1, 2028, section 1860D–12(b)(9).’’. 10 (e) BIENNIAL REPORT ON ENFORCEMENT AND 11 OVERSIGHT OF PHARMACY ACCESS REQUIREMENTS.— 12 Section 1860D–42 of the Social Security Act (42 U.S.C. 13 1395w–152), as amended by subsection (b), is amended 14 by adding at the end the following new subsection: 15 ‘‘(f) BIENNIAL REPORT ON ENFORCEMENT AND 16 OVERSIGHT OF PHARMACY ACCESS REQUIREMENTS.— 17 ‘‘(1) IN GENERAL.—Not later than 2 years 18 after the date of enactment of this subsection, and 19 at least once every 2 years thereafter, the Secretary 20 shall publish a report on enforcement and oversight 21 actions and activities undertaken by the Secretary 22 with respect to the requirements under section 23 1860D–4(b)(1). 24 ‘‘(2) LIMITATION.—A report under paragraph 25 (1) shall not disclose— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00530 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 531. 531 1 ‘‘(A) identifiable information about individ2 uals or entities unless such information is oth3 erwise publicly available; or 4 ‘‘(B) trade secrets with respect to any enti5 ties.’’. 6 (f) FUNDING.—In addition to amounts otherwise 7 available, there is appropriated to the Centers for Medi8 care & Medicaid Services Program Management Account, 9 out of any money in the Treasury not otherwise appro10 priated, $188,000,000 for fiscal year 2025, to remain 11 available until expended, to carry out this section. 12 SEC. 227. MODERNIZING AND ENSURING PBM ACCOUNT13 ABILITY. 14 (a) IN GENERAL.— 15 (1) PRESCRIPTION DRUG PLANS.—Section 16 1860D–12 of the Social Security Act (42 U.S.C. 17 1395w–112) is amended by adding at the end the 18 following new subsection: 19 ‘‘(h) REQUIREMENTS RELATING TO PHARMACY BEN20 EFIT MANAGERS.—For plan years beginning on or after 21 January 1, 2028: 22 ‘‘(1) AGREEMENTS WITH PHARMACY BENEFIT 23 MANAGERS.—Each contract entered into with a 24 PDP sponsor under this part with respect to a pre25 scription drug plan offered by such sponsor shall VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00531 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 532. 532 1 provide that any pharmacy benefit manager acting 2 on behalf of such sponsor has a written agreement 3 with the PDP sponsor under which the pharmacy 4 benefit manager, and any affiliates of such phar5 macy benefit manager, as applicable, agree to meet 6 the following requirements: 7 ‘‘(A) NO INCOME OTHER THAN BONA FIDE 8 SERVICE FEES.— 9 ‘‘(i) IN GENERAL.—The pharmacy 10 benefit manager and any affiliate of such 11 pharmacy benefit manager shall not derive 12 any remuneration with respect to any serv13 ices provided on behalf of any entity or in14 dividual, in connection with the utilization 15 of covered part D drugs, from any such en16 tity or individual other than bona fide serv17 ice fees, subject to clauses (ii) and (iii). 18 ‘‘(ii) INCENTIVE PAYMENTS.—For the 19 purposes of this subsection, an incentive 20 payment (as determined by the Secretary) 21 paid by a PDP sponsor to a pharmacy 22 benefit manager that is performing serv23 ices on behalf of such sponsor shall be 24 deemed a ‘bona fide service fee’ (even if 25 such payment does not otherwise meet the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00532 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 533. 533 1 definition of such term under paragraph 2 (7)(B)) if such payment is a flat dollar 3 amount, is consistent with fair market 4 value (as specified by the Secretary), is re5 lated to services actually performed by the 6 pharmacy benefit manager or affiliate of 7 such pharmacy benefit manager, on behalf 8 of the PDP sponsor making such payment, 9 in connection with the utilization of cov10 ered part D drugs, and meets additional 11 requirements, if any, as determined appro12 priate by the Secretary. 13 ‘‘(iii) CLARIFICATION ON REBATES 14 AND DISCOUNTS USED TO LOWER COSTS 15 FOR COVERED PART D DRUGS.—Rebates, 16 discounts, and other price concessions re17 ceived by a pharmacy benefit manager or 18 an affiliate of a pharmacy benefit manager 19 from manufacturers, even if such price 20 concessions are calculated as a percentage 21 of a drug’s price, shall not be considered a 22 violation of the requirements of clause (i) 23 if they are fully passed through to a PDP 24 sponsor and are compliant with all regu25 latory and subregulatory requirements reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00533 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 534. 534 1 lated to direct and indirect remuneration 2 for manufacturer rebates under this part, 3 including in cases where a PDP sponsor is 4 acting as a pharmacy benefit manager on 5 behalf of a prescription drug plan offered 6 by such PDP sponsor. 7 ‘‘(iv) EVALUATION OF REMUNERATION 8 ARRANGEMENTS.—Components of subsets 9 of remuneration arrangements (such as 10 fees or other forms of compensation paid 11 to or retained by the pharmacy benefit 12 manager or affiliate of such pharmacy ben13 efit manager), as determined appropriate 14 by the Secretary, between pharmacy ben15 efit managers or affiliates of such phar16 macy benefit managers, as applicable, and 17 other entities involved in the dispensing or 18 utilization of covered part D drugs (includ19 ing PDP sponsors, manufacturers, phar20 macies, and other entities as determined 21 appropriate by the Secretary) shall be sub22 ject to review by the Secretary, in con23 sultation with the Office of the Inspector 24 General of the Department of Health and 25 Human Services, as determined approVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00534 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 535. 535 1 priate by the Secretary. The Secretary, in 2 consultation with the Office of the Inspec3 tor General, shall review whether remu4 neration under such arrangements is con5 sistent with fair market value (as specified 6 by the Secretary) through reviews and as7 sessments of such remuneration, as deter8 mined appropriate. 9 ‘‘(v) DISGORGEMENT.—The pharmacy 10 benefit manager shall disgorge any remu11 neration paid to such pharmacy benefit 12 manager or an affiliate of such pharmacy 13 benefit manager in violation of this sub14 paragraph to the PDP sponsor. 15 ‘‘(vi) ADDITIONAL REQUIREMENTS.— 16 The pharmacy benefit manager shall— 17 ‘‘(I) enter into a written agree18 ment with any affiliate of such phar19 macy benefit manager, under which 20 the affiliate shall identify and disgorge 21 any remuneration described in clause 22 (v) to the pharmacy benefit manager; 23 and 24 ‘‘(II) attest, subject to any re25 quirements determined appropriate by VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00535 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 536. 536 1 the Secretary, that the pharmacy ben2 efit manager has entered into a writ3 ten agreement described in subclause 4 (I) with any relevant affiliate of the 5 pharmacy benefit manager. 6 ‘‘(B) TRANSPARENCY REGARDING GUARAN7 TEES AND COST PERFORMANCE EVALUA8 TIONS.—The pharmacy benefit manager shall— 9 ‘‘(i) define, interpret, and apply, in a 10 fully transparent and consistent manner 11 for purposes of calculating or otherwise 12 evaluating pharmacy benefit manager per13 formance against pricing guarantees or 14 similar cost performance measurements re15 lated to rebates, discounts, price conces16 sions, or net costs, terms such as— 17 ‘‘(I) ‘generic drug’, in a manner 18 consistent with the definition of the 19 term under section 423.4 of title 42, 20 Code of Federal Regulations, or a suc21 cessor regulation; 22 ‘‘(II) ‘brand name drug’, in a 23 manner consistent with the definition 24 of the term under section 423.4 of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00536 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 537. 537 1 title 42, Code of Federal Regulations, 2 or a successor regulation; 3 ‘‘(III) ‘specialty drug’; 4 ‘‘(IV) ‘rebate’; and 5 ‘‘(V) ‘discount’; 6 ‘‘(ii) identify any drugs, claims, or 7 price concessions excluded from any pric8 ing guarantee or other cost performance 9 measure in a clear and consistent manner; 10 and 11 ‘‘(iii) where a pricing guarantee or 12 other cost performance measure is based 13 on a pricing benchmark other than the 14 wholesale acquisition cost (as defined in 15 section 1847A(c)(6)(B)) of a drug, cal16 culate and provide a wholesale acquisition 17 cost-based equivalent to the pricing guar18 antee or other cost performance measure. 19 ‘‘(C) PROVISION OF INFORMATION.— 20 ‘‘(i) IN GENERAL.—Not later than 21 July 1 of each year, beginning in 2028, the 22 pharmacy benefit manager shall submit to 23 the PDP sponsor, and to the Secretary, a 24 report, in accordance with this subpara25 graph, and shall make such report availVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00537 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 538. 538 1 able to such sponsor at no cost to such 2 sponsor in a format specified by the Sec3 retary under paragraph (5). Each such re4 port shall include, with respect to such 5 PDP sponsor and each plan offered by 6 such sponsor, the following information 7 with respect to the previous plan year: 8 ‘‘(I) A list of all drugs covered by 9 the plan that were dispensed includ10 ing, with respect to each such drug— 11 ‘‘(aa) the brand name, ge12 neric or non-proprietary name, 13 and National Drug Code; 14 ‘‘(bb) the number of plan 15 enrollees for whom the drug was 16 dispensed, the total number of 17 prescription claims for the drug 18 (including original prescriptions 19 and refills, counted as separate 20 claims), and the total number of 21 dosage units of the drug dis22 pensed; 23 ‘‘(cc) the number of pre24 scription claims described in item 25 (bb) by each type of dispensing VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00538 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 539. 539 1 channel through which the drug 2 was dispensed, including retail, 3 mail order, specialty pharmacy, 4 long term care pharmacy, home 5 infusion pharmacy, or other types 6 of pharmacies or providers; 7 ‘‘(dd) the average wholesale 8 acquisition cost, listed as cost per 9 day’s supply, cost per dosage 10 unit, and cost per typical course 11 of treatment (as applicable); 12 ‘‘(ee) the average wholesale 13 price for the drug, listed as price 14 per day’s supply, price per dos15 age unit, and price per typical 16 course of treatment (as applica17 ble); 18 ‘‘(ff) the total out-of-pocket 19 spending by plan enrollees on 20 such drug after application of 21 any benefits under the plan, in22 cluding plan enrollee spending 23 through copayments, coinsurance, 24 and deductibles; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00539 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 540. 540 1 ‘‘(gg) total rebates paid by 2 the manufacturer on the drug as 3 reported under the Detailed DIR 4 Report (or any successor report) 5 submitted by such sponsor to the 6 Centers for Medicare & Medicaid 7 Services; 8 ‘‘(hh) all other direct or in9 direct remuneration on the drug 10 as reported under the Detailed 11 DIR Report (or any successor re12 port) submitted by such sponsor 13 to the Centers for Medicare & 14 Medicaid Services; 15 ‘‘(ii) the average pharmacy 16 reimbursement amount paid by 17 the plan for the drug in the ag18 gregate and disaggregated by dis19 pensing channel identified in item 20 (cc); 21 ‘‘(jj) the average National 22 Average Drug Acquisition Cost 23 (NADAC); and 24 ‘‘(kk) total manufacturer-de25 rived revenue, inclusive of bona VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00540 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 541. 541 1 fide service fees, attributable to 2 the drug and retained by the 3 pharmacy benefit manager and 4 any affiliate of such pharmacy 5 benefit manager. 6 ‘‘(II) In the case of a pharmacy 7 benefit manager that has an affiliate 8 that is a retail, mail order, or spe9 cialty pharmacy, with respect to drugs 10 covered by such plan that were dis11 pensed, the following information: 12 ‘‘(aa) The percentage of 13 total prescriptions that were dis14 pensed by pharmacies that are an 15 affiliate of the pharmacy benefit 16 manager for each drug. 17 ‘‘(bb) The interquartile 18 range of the total combined costs 19 paid by the plan and plan enroll20 ees, per dosage unit, per course 21 of treatment, per 30-day supply, 22 and per 90-day supply for each 23 drug dispensed by pharmacies 24 that are not an affiliate of the 25 pharmacy benefit manager and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00541 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 542. 542 1 that are included in the phar2 macy network of such plan. 3 ‘‘(cc) The interquartile 4 range of the total combined costs 5 paid by the plan and plan enroll6 ees, per dosage unit, per course 7 of treatment, per 30-day supply, 8 and per 90-day supply for each 9 drug dispensed by pharmacies 10 that are an affiliate of the phar11 macy benefit manager and that 12 are included in the pharmacy 13 network of such plan. 14 ‘‘(dd) The lowest total com15 bined cost paid by the plan and 16 plan enrollees, per dosage unit, 17 per course of treatment, per 30- 18 day supply, and per 90-day sup19 ply, for each drug that is avail20 able from any pharmacy included 21 in the pharmacy network of such 22 plan. 23 ‘‘(ee) The difference between 24 the average acquisition cost of 25 the affiliate, such as a pharmacy VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00542 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 543. 543 1 or other entity that acquires pre2 scription drugs, that initially ac3 quires the drug and the amount 4 reported under subclause (I)(jj) 5 for each drug. 6 ‘‘(ff) A list inclusive of the 7 brand name, generic or non-pro8 prietary name, and National 9 Drug Code of covered part D 10 drugs subject to an agreement 11 with a covered entity under sec12 tion 340B of the Public Health 13 Service Act for which the phar14 macy benefit manager or an affil15 iate of the pharmacy benefit 16 manager had a contract or other 17 arrangement with such a covered 18 entity in the service area of such 19 plan. 20 ‘‘(III) Where a drug approved 21 under section 505(c) of the Federal 22 Food, Drug, and Cosmetic Act (re23 ferred to in this subclause as the ‘list24 ed drug’) is covered by the plan, the 25 following information: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 544. 544 1 ‘‘(aa) A list of currently 2 marketed generic drugs approved 3 under section 505(j) of the Fed4 eral Food, Drug, and Cosmetic 5 Act pursuant to an application 6 that references such listed drug 7 that are not covered by the plan, 8 are covered on the same for9 mulary tier or a formulary tier 10 typically associated with higher 11 cost-sharing than the listed drug, 12 or are subject to utilization man13 agement that the listed drug is 14 not subject to. 15 ‘‘(bb) The estimated average 16 beneficiary cost-sharing under 17 the plan for a 30-day supply of 18 the listed drug. 19 ‘‘(cc) Where a generic drug 20 listed under item (aa) is on a for21 mulary tier typically associated 22 with higher cost-sharing than the 23 listed drug, the estimated aver24 age cost-sharing that a bene25 ficiary would have paid for a 30- VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 545. 545 1 day supply of each of the generic 2 drugs described in item (aa), had 3 the plan provided coverage for 4 such drugs on the same for5 mulary tier as the listed drug. 6 ‘‘(dd) A written justification 7 for providing more favorable cov8 erage of the listed drug than the 9 generic drugs described in item 10 (aa). 11 ‘‘(ee) The number of cur12 rently marketed generic drugs 13 approved under section 505(j) of 14 the Federal Food, Drug, and 15 Cosmetic Act pursuant to an ap16 plication that references such 17 listed drug. 18 ‘‘(IV) Where a reference product 19 (as defined in section 351(i) of the 20 Public Health Service Act) is covered 21 by the plan, the following information: 22 ‘‘(aa) A list of currently 23 marketed biosimilar biological 24 products licensed under section 25 351(k) of the Public Health VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00545 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 546. 546 1 Service Act pursuant to an appli2 cation that refers to such ref3 erence product that are not cov4 ered by the plan, are covered on 5 the same formulary tier or a for6 mulary tier typically associated 7 with higher cost-sharing than the 8 reference product, or are subject 9 to utilization management that 10 the reference product is not sub11 ject to. 12 ‘‘(bb) The estimated average 13 beneficiary cost-sharing under 14 the plan for a 30-day supply of 15 the reference product. 16 ‘‘(cc) Where a biosimilar bi17 ological product listed under item 18 (aa) is on a formulary tier typi19 cally associated with higher cost20 sharing than the reference prod21 uct, the estimated average cost22 sharing that a beneficiary would 23 have paid for a 30-day supply of 24 each of the biosimilar biological 25 products described in item (aa), VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00546 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 547. 547 1 had the plan provided coverage 2 for such products on the same 3 formulary tier as the reference 4 product. 5 ‘‘(dd) A written justification 6 for providing more favorable cov7 erage of the reference product 8 than the biosimilar biological 9 product described in item (aa). 10 ‘‘(ee) The number of cur11 rently marketed biosimilar bio12 logical products licensed under 13 section 351(k) of the Public 14 Health Service Act, pursuant to 15 an application that refers to such 16 reference product. 17 ‘‘(V) Total gross spending on 18 covered part D drugs by the plan, not 19 net of rebates, fees, discounts, or 20 other direct or indirect remuneration. 21 ‘‘(VI) The total amount retained 22 by the pharmacy benefit manager or 23 an affiliate of such pharmacy benefit 24 manager in revenue related to utiliza25 tion of covered part D drugs under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 548. 548 1 that plan, inclusive of bona fide serv2 ice fees. 3 ‘‘(VII) The total spending on cov4 ered part D drugs net of rebates, fees, 5 discounts, or other direct and indirect 6 remuneration by the plan. 7 ‘‘(VIII) An explanation of any 8 benefit design parameters under such 9 plan that encourage plan enrollees to 10 fill prescriptions at pharmacies that 11 are an affiliate of such pharmacy ben12 efit manager, such as mail and spe13 cialty home delivery programs, and re14 tail and mail auto-refill programs. 15 ‘‘(IX) The following information: 16 ‘‘(aa) A list of all brokers, 17 consultants, advisors, and audi18 tors that receive compensation 19 from the pharmacy benefit man20 ager or an affiliate of such phar21 macy benefit manager for refer22 rals, consulting, auditing, or 23 other services offered to PDP 24 sponsors related to pharmacy 25 benefit management services. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00548 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 549. 549 1 ‘‘(bb) The amount of com2 pensation provided by such phar3 macy benefit manager or affiliate 4 to each such broker, consultant, 5 advisor, and auditor. 6 ‘‘(cc) The methodology for 7 calculating the amount of com8 pensation provided by such phar9 macy benefit manager or affil10 iate, for each such broker, con11 sultant, advisor, and auditor. 12 ‘‘(X) A list of all affiliates of the 13 pharmacy benefit manager. 14 ‘‘(XI) A summary document sub15 mitted in a standardized template de16 veloped by the Secretary that includes 17 such information described in sub18 clauses (I) through (X). 19 ‘‘(ii) WRITTEN EXPLANATION OF CON20 TRACTS OR AGREEMENTS WITH DRUG 21 MANUFACTURERS.— 22 ‘‘(I) IN GENERAL.—The phar23 macy benefit manager shall, not later 24 than 30 days after the finalization of 25 any contract or agreement between VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00549 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 550. 550 1 such pharmacy benefit manager or an 2 affiliate of such pharmacy benefit 3 manager and a drug manufacturer (or 4 subsidiary, agent, or entity affiliated 5 with such drug manufacturer) that 6 makes rebates, discounts, payments, 7 or other financial incentives related to 8 one or more covered part D drugs or 9 other prescription drugs, as applica10 ble, of the manufacturer directly or 11 indirectly contingent upon coverage, 12 formulary placement, or utilization 13 management conditions on any other 14 covered part D drugs or other pre15 scription drugs, as applicable, submit 16 to the PDP sponsor a written expla17 nation of such contract or agreement. 18 ‘‘(II) REQUIREMENTS.—A writ19 ten explanation under subclause (I) 20 shall— 21 ‘‘(aa) include the manufac22 turer subject to the contract or 23 agreement, all covered part D 24 drugs and other prescription 25 drugs, as applicable, subject to VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00550 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 551. 551 1 the contract or agreement and 2 the manufacturers of such drugs, 3 and a high-level description of 4 the terms of such contract or 5 agreement and how such terms 6 apply to such drugs; and 7 ‘‘(bb) be certified by the 8 Chief Executive Officer, Chief Fi9 nancial Officer, or General Coun10 sel of such pharmacy benefit 11 manager, or affiliate of such 12 pharmacy benefit manager, as 13 applicable, or an individual dele14 gated with the authority to sign 15 on behalf of one of these officers, 16 who reports directly to the offi17 cer. 18 ‘‘(III) DEFINITION OF OTHER 19 PRESCRIPTION DRUGS.—For purposes 20 of this clause, the term ‘other pre21 scription drugs’ means prescription 22 drugs covered as supplemental bene23 fits under this part or prescription 24 drugs paid outside of this part. 25 ‘‘(D) AUDIT RIGHTS.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 552. 552 1 ‘‘(i) IN GENERAL.—Not less than once 2 a year, at the request of the PDP sponsor, 3 the pharmacy benefit manager shall allow 4 for an audit of the pharmacy benefit man5 ager to ensure compliance with all terms 6 and conditions under the written agree7 ment described in this paragraph and the 8 accuracy of information reported under 9 subparagraph (C). 10 ‘‘(ii) AUDITOR.—The PDP sponsor 11 shall have the right to select an auditor. 12 The pharmacy benefit manager shall not 13 impose any limitations on the selection of 14 such auditor. 15 ‘‘(iii) PROVISION OF INFORMATION.— 16 The pharmacy benefit manager shall make 17 available to such auditor all records, data, 18 contracts, and other information necessary 19 to confirm the accuracy of information 20 provided under subparagraph (C), subject 21 to reasonable restrictions on how such in22 formation must be reported to prevent re23 disclosure of such information. 24 ‘‘(iv) TIMING.—The pharmacy benefit 25 manager must provide information under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 553. 553 1 clause (iii) and other information, data, 2 and records relevant to the audit to such 3 auditor within 6 months of the initiation of 4 the audit and respond to requests for addi5 tional information from such auditor with6 in 30 days after the request for additional 7 information. 8 ‘‘(v) INFORMATION FROM AFFILI9 ATES.—The pharmacy benefit manager 10 shall be responsible for providing to such 11 auditor information required to be reported 12 under subparagraph (C) or under clause 13 (iii) of this subparagraph that is owned or 14 held by an affiliate of such pharmacy ben15 efit manager. 16 ‘‘(2) ENFORCEMENT.— 17 ‘‘(A) IN GENERAL.—Each PDP sponsor 18 shall— 19 ‘‘(i) disgorge to the Secretary any 20 amounts disgorged to the PDP sponsor by 21 a pharmacy benefit manager under para22 graph (1)(A)(v); 23 ‘‘(ii) require, in a written agreement 24 with any pharmacy benefit manager acting 25 on behalf of such sponsor or affiliate of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00553 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 554. 554 1 such pharmacy benefit manager, that such 2 pharmacy benefit manager or affiliate re3 imburse the PDP sponsor for any civil 4 money penalty imposed on the PDP spon5 sor as a result of the failure of the phar6 macy benefit manager or affiliate to meet 7 the requirements of paragraph (1) that are 8 applicable to the pharmacy benefit man9 ager or affiliate under the agreement; and 10 ‘‘(iii) require, in a written agreement 11 with any such pharmacy benefit manager 12 acting on behalf of such sponsor or affil13 iate of such pharmacy benefit manager, 14 that such pharmacy benefit manager or af15 filiate be subject to punitive remedies for 16 breach of contract for failure to comply 17 with the requirements applicable under 18 paragraph (1). 19 ‘‘(B) REPORTING OF ALLEGED VIOLA20 TIONS.—The Secretary shall make available and 21 maintain a mechanism for manufacturers, PDP 22 sponsors, pharmacies, and other entities that 23 have contractual relationships with pharmacy 24 benefit managers or affiliates of such pharmacy 25 benefit managers to report, on a confidential VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00554 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 555. 555 1 basis, alleged violations of paragraph (1)(A) or 2 subparagraph (C). 3 ‘‘(C) ANTI-RETALIATION AND ANTI-COER4 CION.—Consistent with applicable Federal or 5 State law, a PDP sponsor shall not— 6 ‘‘(i) retaliate against an individual or 7 entity for reporting an alleged violation 8 under subparagraph (B); or 9 ‘‘(ii) coerce, intimidate, threaten, or 10 interfere with the ability of an individual 11 or entity to report any such alleged viola12 tions. 13 ‘‘(3) CERTIFICATION OF COMPLIANCE.— 14 ‘‘(A) IN GENERAL.—Each PDP sponsor 15 shall furnish to the Secretary (at a time and in 16 a manner specified by the Secretary) an annual 17 certification of compliance with this subsection, 18 as well as such information as the Secretary de19 termines necessary to carry out this subsection. 20 ‘‘(B) IMPLEMENTATION.—Notwithstanding 21 any other provision of law, the Secretary may 22 implement this paragraph by program instruc23 tion or otherwise. 24 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 25 this subsection shall be construed as— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00555 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 556. 556 1 ‘‘(A) prohibiting flat dispensing fees or re2 imbursement or payment for ingredient costs 3 (including customary, industry-standard dis4 counts directly related to drug acquisition that 5 are retained by pharmacies or wholesalers) to 6 entities that acquire or dispense prescription 7 drugs; or 8 ‘‘(B) modifying regulatory requirements or 9 sub-regulatory program instruction or guidance 10 related to pharmacy payment, reimbursement, 11 or dispensing fees. 12 ‘‘(5) STANDARD FORMATS.— 13 ‘‘(A) IN GENERAL.—Not later than June 14 1, 2027, the Secretary shall specify standard, 15 machine-readable formats for pharmacy benefit 16 managers to submit annual reports required 17 under paragraph (1)(C)(i). 18 ‘‘(B) IMPLEMENTATION.—Notwithstanding 19 any other provision of law, the Secretary may 20 implement this paragraph by program instruc21 tion or otherwise. 22 ‘‘(6) CONFIDENTIALITY.— 23 ‘‘(A) IN GENERAL.—Information disclosed 24 by a pharmacy benefit manager, an affiliate of 25 a pharmacy benefit manager, a PDP sponsor, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00556 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 557. 557 1 or a pharmacy under this subsection that is not 2 otherwise publicly available or available for pur3 chase shall not be disclosed by the Secretary or 4 a PDP sponsor receiving the information, ex5 cept that the Secretary may disclose the infor6 mation for the following purposes: 7 ‘‘(i) As the Secretary determines nec8 essary to carry out this part. 9 ‘‘(ii) To permit the Comptroller Gen10 eral to review the information provided. 11 ‘‘(iii) To permit the Director of the 12 Congressional Budget Office to review the 13 information provided. 14 ‘‘(iv) To permit the Executive Direc15 tor of the Medicare Payment Advisory 16 Commission to review the information pro17 vided. 18 ‘‘(v) To the Attorney General for the 19 purposes of conducting oversight and en20 forcement under this title. 21 ‘‘(vi) To the Inspector General of the 22 Department of Health and Human Serv23 ices in accordance with its authorities 24 under the Inspector General Act of 1978 VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 558. 558 1 (section 406 of title 5, United States 2 Code), and other applicable statutes. 3 ‘‘(B) RESTRICTION ON USE OF INFORMA4 TION.—The Secretary, the Comptroller General, 5 the Director of the Congressional Budget Of6 fice, and the Executive Director of the Medicare 7 Payment Advisory Commission shall not report 8 on or disclose information disclosed pursuant to 9 subparagraph (A) to the public in a manner 10 that would identify— 11 ‘‘(i) a specific pharmacy benefit man12 ager, affiliate, pharmacy, manufacturer, 13 wholesaler, PDP sponsor, or plan; or 14 ‘‘(ii) contract prices, rebates, dis15 counts, or other remuneration for specific 16 drugs in a manner that may allow the 17 identification of specific contracting parties 18 or of such specific drugs. 19 ‘‘(7) DEFINITIONS.—For purposes of this sub20 section: 21 ‘‘(A) AFFILIATE.—The term ‘affiliate’ 22 means, with respect to any pharmacy benefit 23 manager or PDP sponsor, any entity that, di24 rectly or indirectly— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 559. 559 1 ‘‘(i) owns or is owned by, controls or 2 is controlled by, or is otherwise related in 3 any ownership structure to such pharmacy 4 benefit manager or PDP sponsor; or 5 ‘‘(ii) acts as a contractor, principal, or 6 agent to such pharmacy benefit manager 7 or PDP sponsor, insofar as such con8 tractor, principal, or agent performs any of 9 the functions described under subpara10 graph (C). 11 ‘‘(B) BONA FIDE SERVICE FEE.—The term 12 ‘bona fide service fee’ means a fee that is reflec13 tive of the fair market value (as specified by the 14 Secretary, through notice and comment rule15 making) for a bona fide, itemized service actu16 ally performed on behalf of an entity, that the 17 entity would otherwise perform (or contract for) 18 in the absence of the service arrangement and 19 that is not passed on in whole or in part to a 20 client or customer, whether or not the entity 21 takes title to the drug. Such fee must be a flat 22 dollar amount and shall not be directly or indi23 rectly based on, or contingent upon— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00559 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 560. 560 1 ‘‘(i) drug price, such as wholesale ac2 quisition cost or drug benchmark price 3 (such as average wholesale price); 4 ‘‘(ii) the amount of discounts, rebates, 5 fees, or other direct or indirect remunera6 tion with respect to covered part D drugs 7 dispensed to enrollees in a prescription 8 drug plan, except as permitted pursuant to 9 paragraph (1)(A)(ii); 10 ‘‘(iii) coverage or formulary placement 11 decisions or the volume or value of any re12 ferrals or business generated between the 13 parties to the arrangement; or 14 ‘‘(iv) any other amounts or meth15 odologies prohibited by the Secretary. 16 ‘‘(C) PHARMACY BENEFIT MANAGER.—The 17 term ‘pharmacy benefit manager’ means any 18 person or entity that, either directly or through 19 an intermediary, acts as a price negotiator or 20 group purchaser on behalf of a PDP sponsor or 21 prescription drug plan, or manages the pre22 scription drug benefits provided by such spon23 sor or plan, including the processing and pay24 ment of claims for prescription drugs, the per25 formance of drug utilization review, the procVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00560 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 561. 561 1 essing of drug prior authorization requests, the 2 adjudication of appeals or grievances related to 3 the prescription drug benefit, contracting with 4 network pharmacies, controlling the cost of cov5 ered part D drugs, or the provision of related 6 services. Such term includes any person or enti7 ty that carries out one or more of the activities 8 described in the preceding sentence, irrespective 9 of whether such person or entity calls itself a 10 ‘pharmacy benefit manager’.’’. 11 (2) MA–PD PLANS.—Section 1857(f)(3) of the 12 Social Security Act (42 U.S.C. 1395w–27(f)(3)) is 13 amended by adding at the end the following new 14 subparagraph: 15 ‘‘(F) REQUIREMENTS RELATING TO PHAR16 MACY BENEFIT MANAGERS.—For plan years be17 ginning on or after January 1, 2028, section 18 1860D–12(h).’’. 19 (3) NONAPPLICATION OF PAPERWORK REDUC20 TION ACT.—Chapter 35 of title 44, United States 21 Code, shall not apply to the implementation of this 22 subsection. 23 (4) FUNDING.— 24 (A) SECRETARY.—In addition to amounts 25 otherwise available, there is appropriated to the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00561 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 562. 562 1 Centers for Medicare & Medicaid Services Pro2 gram Management Account, out of any money 3 in the Treasury not otherwise appropriated, 4 $113,000,000 for fiscal year 2025, to remain 5 available until expended, to carry out this sub6 section. 7 (B) OIG.—In addition to amounts other8 wise available, there is appropriated to the In9 spector General of the Department of Health 10 and Human Services, out of any money in the 11 Treasury not otherwise appropriated, 12 $20,000,000 for fiscal year 2025, to remain 13 available until expended, to carry out this sub14 section. 15 (b) GAO STUDY AND REPORT ON PRICE-RELATED 16 COMPENSATION ACROSS THE SUPPLY CHAIN.— 17 (1) STUDY.—The Comptroller General of the 18 United States (in this subsection referred to as the 19 ‘‘Comptroller General’’) shall conduct a study de20 scribing the use of compensation and payment struc21 tures related to a prescription drug’s price within 22 the retail prescription drug supply chain in part D 23 of title XVIII of the Social Security Act (42 U.S.C. 24 1395w–101 et seq.). Such study shall summarize in25 formation from Federal agencies and industry exVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00562 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 563. 563 1 perts, to the extent available, with respect to the fol2 lowing: 3 (A) The type, magnitude, other features 4 (such as the pricing benchmarks used), and 5 prevalence of compensation and payment struc6 tures related to a prescription drug’s price, 7 such as calculating fee amounts as a percentage 8 of a prescription drug’s price, between inter9 mediaries in the prescription drug supply chain, 10 including— 11 (i) pharmacy benefit managers; 12 (ii) PDP sponsors offering prescrip13 tion drug plans and Medicare Advantage 14 organizations offering MA–PD plans; 15 (iii) drug wholesalers; 16 (iv) pharmacies; 17 (v) manufacturers; 18 (vi) pharmacy services administrative 19 organizations; 20 (vii) brokers, auditors, consultants, 21 and other entities that— 22 (I) advise PDP sponsors offering 23 prescription drug plans and Medicare 24 Advantage organizations offering MA– VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00563 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 564. 564 1 PD plans regarding pharmacy bene2 fits; or 3 (II) review PDP sponsor and 4 Medicare Advantage organization con5 tracts with pharmacy benefit man6 agers; and 7 (viii) other service providers that con8 tract with any of the entities described in 9 clauses (i) through (vii) that may use 10 price-related compensation and payment 11 structures, such as rebate aggregators (or 12 other entities that negotiate or process 13 price concessions on behalf of pharmacy 14 benefit managers, plan sponsors, or phar15 macies). 16 (B) The primary business models and com17 pensation structures for each category of inter18 mediary described in subparagraph (A). 19 (C) Variation in price-related compensation 20 structures between affiliated entities (such as 21 entities with common ownership, either full or 22 partial, and subsidiary relationships) and unaf23 filiated entities. 24 (D) Potential conflicts of interest among 25 contracting entities related to the use of preVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 565. 565 1 scription drug price-related compensation struc2 tures, such as the potential for fees or other 3 payments set as a percentage of a prescription 4 drug’s price to advantage formulary selection, 5 distribution, or purchasing of prescription drugs 6 with higher prices. 7 (E) Notable differences, if any, in the use 8 and level of price-based compensation struc9 tures over time and between different market 10 segments, such as under part D of title XVIII 11 of the Social Security Act (42 U.S.C. 1395w– 12 101 et seq.) and the Medicaid program under 13 title XIX of such Act (42 U.S.C. 1396 et seq.). 14 (F) The effects of drug price-related com15 pensation structures and alternative compensa16 tion structures on Federal health care programs 17 and program beneficiaries, including with re18 spect to cost-sharing, premiums, Federal out19 lays, biosimilar and generic drug adoption and 20 utilization, drug shortage risks, and the poten21 tial for fees set as a percentage of a drug’s 22 price to advantage the formulary selection, dis23 tribution, or purchasing of drugs with higher 24 prices. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00565 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 566. 566 1 (G) Other issues determined to be relevant 2 and appropriate by the Comptroller General. 3 (2) REPORT.—Not later than 2 years after the 4 date of enactment of this section, the Comptroller 5 General shall submit to Congress a report containing 6 the results of the study conducted under paragraph 7 (1), together with recommendations for such legisla8 tion and administrative action as the Comptroller 9 General determines appropriate. 10 (c) MEDPAC REPORTS ON AGREEMENTS WITH 11 PHARMACY BENEFIT MANAGERS WITH RESPECT TO PRE12 SCRIPTION DRUG PLANS AND MA-PD PLANS.— 13 (1) IN GENERAL.—The Medicare Payment Ad14 visory Commission shall submit to Congress the fol15 lowing reports: 16 (A) INITIAL REPORT.—Not later than the 17 first March 15 occurring after the date that is 18 2 years after the date on which the Secretary 19 makes the data available to the Commission, a 20 report regarding agreements with pharmacy 21 benefit managers with respect to prescription 22 drug plans and MA–PD plans. Such report 23 shall include, to the extent practicable— 24 (i) a description of trends and pat25 terns, including relevant averages, totals, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 567. 567 1 and other figures for the types of informa2 tion submitted; 3 (ii) an analysis of any differences in 4 agreements and their effects on plan en5 rollee out-of-pocket spending and average 6 pharmacy reimbursement, and other im7 pacts; and 8 (iii) any recommendations the Com9 mission determines appropriate. 10 (B) FINAL REPORT.—Not later than 2 11 years after the date on which the Commission 12 submits the initial report under subparagraph 13 (A), a report describing any changes with re14 spect to the information described in subpara15 graph (A) over time, together with any rec16 ommendations the Commission determines ap17 propriate. 18 (2) FUNDING.—In addition to amounts other19 wise available, there is appropriated to the Medicare 20 Payment Advisory Commission, out of any money in 21 the Treasury not otherwise appropriated, 22 $1,000,000 for fiscal year 2025, to remain available 23 until expended, to carry out this subsection. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00567 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 568. 568 1 SEC. 228. REQUIRING A SEPARATE IDENTIFICATION NUM2 BER AND AN ATTESTATION FOR EACH OFF3 CAMPUS OUTPATIENT DEPARTMENT OF A 4 PROVIDER. 5 (a) IN GENERAL.—Section 1833(t) of the Social Se6 curity Act (42 U.S.C. 1395l(t)) is amended by adding at 7 the end the following new paragraph: 8 ‘‘(23) USE OF UNIQUE HEALTH IDENTIFIERS; 9 ATTESTATION.— 10 ‘‘(A) IN GENERAL.—No payment may be 11 made under this subsection (or under an appli12 cable payment system pursuant to paragraph 13 (21)) for items and services furnished on or 14 after January 1, 2026, by an off-campus out15 patient department of a provider (as defined in 16 subparagraph (C)) unless— 17 ‘‘(i) such department has obtained, 18 and such items and services are billed 19 under, a standard unique health identifier 20 for health care providers (as described in 21 section 1173(b)) that is separate from 22 such identifier for such provider; 23 ‘‘(ii) such provider has submitted to 24 the Secretary, during the 2-year period 25 ending on the date such items and services 26 are so furnished, an initial provider-based VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00568 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 569. 569 1 status attestation that such department is 2 compliant with the requirements described 3 in section 413.65 of title 42, Code of Fed4 eral Regulations (or a successor regula5 tion); and 6 ‘‘(iii) after such provider has sub7 mitted an attestation under clause (ii), 8 such provider has submitted a subsequent 9 attestation within the timeframe specified 10 by the Secretary. 11 ‘‘(B) PROCESS FOR SUBMISSION AND RE12 VIEW.—Not later than 1 year after the date of 13 enactment of this paragraph, the Secretary 14 shall, through notice and comment rulemaking, 15 establish a process for each provider with an 16 off-campus outpatient department of a provider 17 to submit an initial and subsequent attestation 18 pursuant to clauses (ii) and (iii), respectively, of 19 subparagraph (A), and for the Secretary to re20 view each such attestation and determine, 21 through site visits, remote audits, or other 22 means (as determined appropriate by the Sec23 retary), whether such department is compliant 24 with the requirements described in such sub25 paragraph. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00569 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 570. 570 1 ‘‘(C) OFF-CAMPUS OUTPATIENT DEPART2 MENT OF A PROVIDER DEFINED.—For purposes 3 of this paragraph, the term ‘off-campus out4 patient department of a provider’ means a de5 partment of a provider (as defined in section 6 413.65 of title 42, Code of Federal Regulations, 7 or any successor regulation) that is not lo8 cated— 9 ‘‘(i) on the campus (as defined in such 10 section) of such provider; or 11 ‘‘(ii) within the distance (described in 12 such definition of campus) from a remote 13 location of a hospital facility (as defined in 14 such section).’’. 15 (b) HHS OIG ANALYSIS.—Not later than January 16 1, 2030, the Inspector General of the Department of 17 Health and Human Services shall submit to Congress— 18 (1) an analysis of the process established by the 19 Secretary of Health and Human Services to conduct 20 the reviews and determinations described in section 21 1833(t)(23)(B) of the Social Security Act, as added 22 by subsection (a) of this section; and 23 (2) recommendations based on such analysis, as 24 the Inspector General determines appropriate. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00570 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 571. 571 1 SEC. 229. MEDICARE SEQUESTRATION. 2 Section 251A(6) of the Balanced Budget and Emer3 gency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is 4 amended— 5 (1) in subparagraph (D), by striking ‘‘such 6 that,’’ and all that follows and inserting ‘‘such that 7 the payment reduction shall be 2.0 percent.’’; and 8 (2) by adding at the end the following: 9 ‘‘(F) On the date on which the President sub10 mits the budget under section 1105 of title 31, 11 United States Code, for fiscal year 2033, the Presi12 dent shall order a sequestration of payments for the 13 Medicare programs specified in section 256(d), effec14 tive upon issuance, such that, notwithstanding the 2 15 percent limit specified in subparagraph (A) for such 16 payments— 17 ‘‘(i) with respect to the first 2 months in 18 which such order is effective for such fiscal 19 year, the payment reduction shall be 2.0 per20 cent; and 21 ‘‘(ii) with respect to the last 10 months in 22 which such order is effective for such fiscal 23 year, the payment reduction shall be 0 per24 cent.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 572. 572 1 SEC. 230. MEDICARE IMPROVEMENT FUND. 2 Section 1898(b)(1) of the Social Security Act (42 3 U.S.C. 1395iii(b)(1)) is amended by striking 4 ‘‘$3,197,000,000’’ and inserting ‘‘$1,891,500,000’’. 5 TITLE III—HUMAN SERVICES 6 Subtitle A—Reauthorize Child Wel7 fare Services and Strengthen 8 State and Tribal Child Support 9 Program 10 SEC. 301. SHORT TITLE. 11 This subtitle may be cited as the ‘‘Supporting Amer12 ica’s Children and Families Act’’. 13 PART 1—CHILD WELFARE REAUTHORIZATION 14 AND MODERNIZATION 15 SEC. 311. SHORT TITLE; REFERENCES. 16 (a) SHORT TITLE.—This part may be cited as the 17 ‘‘Protecting America’s Children by Strengthening Fami18 lies Act’’. 19 (b) REFERENCES.—Except as otherwise expressly 20 provided, wherever in this part an amendment or repeal 21 is expressed in terms of an amendment to, or repeal of, 22 a section or other provision, the reference shall be consid23 ered to be made to that section or other provision of the 24 Social Security Act. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00572 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 573. 573 1 SEC. 312. REAUTHORIZATION OF CHILD WELFARE PRO2 GRAMS. 3 (a) REAUTHORIZATION OF SUBPART 1; DISCRE4 TIONARY FUNDING.—Section 425 (42 U.S.C. 625) is 5 amended by striking ‘‘2017 through 2023’’ and inserting 6 ‘‘2025 through 2029’’. 7 (b) REAUTHORIZATION OF SUBPART 2; ENHANCED 8 SUPPORT.—Section 436(a) (42 U.S.C. 629f(a)) is amend9 ed by striking ‘‘each of fiscal years 2017 through 2023’’ 10 and inserting ‘‘fiscal year 2025 and $420,000,000 for 11 each of fiscal years 2026 through 2029’’. 12 (c) REAUTHORIZATION OF SUBPART 2; DISCRE13 TIONARY FUNDING.—Section 437(a) (42 U.S.C. 629g(a)) 14 is amended by striking ‘‘2017 through 2023’’ and insert15 ing ‘‘2025 through 2029’’. 16 (d) FUNDING LIMITATION.—Section 423(a)(2)(A) 17 (42 U.S.C. 623(a)(2)(A)) is amended by inserting ‘‘, not 18 to exceed $10,000,000’’ before the semicolon. 19 SEC. 313. ENHANCEMENTS TO THE COURT IMPROVEMENT 20 PROGRAM. 21 (a) INCREASE IN RESERVATION OF FUNDS.—Section 22 436(b)(2) (42 U.S.C. 629f(b)(2)) is amended by inserting 23 ‘‘for fiscal year 2025 and $40,000,000 for fiscal year 2026 24 and each succeeding fiscal year’’ before ‘‘for grants’’. 25 (b) EXTENSION OF STATE MATCH REQUIREMENT.— 26 Section 438(d) (42 U.S.C. 629h(d)) is amended by strikVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00573 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 574. 574 1 ing ‘‘2017 through 2023’’ and inserting ‘‘2025 through 2 2029’’. 3 (c) PROGRAM IMPROVEMENTS.—Section 438(a) (42 4 U.S.C. 629h(a)) is amended— 5 (1) in paragraph (1), by adding at the end the 6 following: 7 ‘‘(F) that determine the appropriateness 8 and best practices for use of technology to con9 duct remote hearings, subject to participant 10 consent, including to ensure maximum partici11 pation of individuals involved in proceedings 12 and to enable courts to maintain operations in 13 times of public health or other emergencies;’’; 14 (2) in paragraph (2)(C), by striking ‘‘per15 sonnel.’’ and inserting ‘‘personnel and supporting 16 optimal use of remote hearing technology; and’’; and 17 (3) by adding at the end the following: 18 ‘‘(3) to ensure continuity of needed court serv19 ices, prevent disruption of the services, and enable 20 their recovery from threats such as public health cri21 ses, natural disasters or cyberattacks, including 22 through— 23 ‘‘(A) support for technology that allows 24 court proceedings to occur remotely subject to VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 575. 575 1 participant consent, including hearings and 2 legal representation; 3 ‘‘(B) the development of guidance and pro4 tocols for responding to the occurrences and co5 ordinating with other agencies; and 6 ‘‘(C) other activities carried out to ensure 7 backup systems are in place.’’. 8 (d) IMPLEMENTATION GUIDANCE ON SHARING BEST 9 PRACTICES FOR TECHNOLOGICAL CHANGES NEEDED FOR 10 REMOTE COURT PROCEEDINGS FOR FOSTER CARE OR 11 ADOPTION.—Section 438 (42 U.S.C. 629h) is amended by 12 adding at the end the following: 13 ‘‘(e) GUIDANCE.— 14 ‘‘(1) IN GENERAL.—Every 5 years, the Sec15 retary shall issue implementation guidance for shar16 ing information on best practices for— 17 ‘‘(A) technological changes needed for 18 court proceedings for foster care, guardianship, 19 or adoption to be conducted remotely in a way 20 that maximizes engagement and protects the 21 privacy of participants; and 22 ‘‘(B) the manner in which the proceedings 23 should be conducted. 24 ‘‘(2) INITIAL ISSUANCE.—The Secretary shall 25 issue initial guidance required by paragraph (1) with VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00575 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 576. 576 1 preliminary information on best practices not later 2 than October 1, 2025. 3 ‘‘(3) ADDITIONAL CONSULTATION.—The Sec4 retary shall consult with Indian tribes on the devel5 opment of appropriate guidelines for State court 6 proceedings involving Indian children to maximize 7 engagement of Indian tribes and provide appropriate 8 guidelines on conducting State court proceedings 9 subject to the Indian Child Welfare Act of 1978 (25 10 U.S.C. 1901 et seq.).’’. 11 SEC. 314. EXPANDING REGIONAL PARTNERSHIP GRANTS 12 TO ADDRESS PARENTAL SUBSTANCE USE DIS13 ORDER AS CAUSE OF CHILD REMOVAL. 14 (a) INCREASE IN RESERVATION OF FUNDS.—Section 15 436(b)(5) (42 U.S.C. 629f(b)(5)) is amended by striking 16 ‘‘each of fiscal years 2017 through 2023’’ and inserting 17 ‘‘fiscal year 2025 and $30,000,000 for fiscal year 2026 18 and each succeeding fiscal year’’. 19 (b) REAUTHORIZATION.—Section 437(f) (42 U.S.C. 20 629g(f)) is amended— 21 (1) in paragraph (3)(A)— 22 (A) by striking ‘‘In addition to amounts 23 authorized to be appropriated to carry out this 24 section, the’’ and inserting ‘‘The’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00576 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 577. 577 1 (B) by striking ‘‘2017 through 2023’’ and 2 inserting ‘‘2025 through 2029’’; and 3 (2) in paragraph (10), by striking ‘‘for each of 4 fiscal years 2017 through 2023’’. 5 (c) AUTHORITY TO WAIVE PLANNING PHASE.—Sec6 tion 437(f)(3)(B)(iii) (42 U.S.C. 629g(f)(3)(B)(iii)) is 7 amended— 8 (1) by striking all that precedes ‘‘grant award9 ed’’ and inserting the following: 10 ‘‘(iii) SUFFICIENT PLANNING.— 11 ‘‘(I) IN GENERAL.—A’’; and 12 (2) by striking ‘‘may not exceed $250,000, 13 and’’; and 14 (3) by adding after and below the end the fol15 lowing: 16 ‘‘(II) EXCEPTION.—The Sec17 retary, on a case-by-case basis, may 18 waive the planning phase for a part19 nership that demonstrates that the 20 partnership has engaged in sufficient 21 planning before submitting an appli22 cation for a grant under this sub23 section.’’. 24 (d) EXPANDING AVAILABILITY OF EVIDENCE-BASED 25 SERVICES.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00577 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 578. 578 1 (1) IN GENERAL.—Section 437(f)(1) (42 U.S.C. 2 629g(f)(1)) is amended by inserting ‘‘, and expand 3 the scope of the evidence-based services that may be 4 approved by the clearinghouse established under sec5 tion 476(d)’’ before the period. 6 (2) CONSIDERATIONS FOR AWARDING 7 GRANTS.—Section 437(f)(7) (42 U.S.C. 629g(f)(7)) 8 is amended— 9 (A) by striking ‘‘and’’ at the end of sub10 paragraph (D); 11 (B) by striking the period at the end of 12 subparagraph (E) and inserting ‘‘; and’’; and 13 (C) by adding at the end the following: 14 ‘‘(F) have submitted information pursuant 15 to paragraph (4)(F) that demonstrates the ca16 pability to participate in rigorous evaluation of 17 program effectiveness.’’. 18 (e) TECHNICAL ASSISTANCE ON USING REGIONAL 19 PARTNERSHIP GRANT FUNDS IN COORDINATION WITH 20 OTHER FEDERAL FUNDS TO BETTER SERVE FAMILIES 21 AFFECTED BY A SUBSTANCE USE DISORDER.—Section 22 435(d) (42 U.S.C. 629e(d)) is amended— 23 (1) by striking ‘‘and’’ at the end of paragraph 24 (4); VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00578 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 579. 579 1 (2) by striking the period at the end of para2 graph (5) and inserting ‘‘; and’’; and 3 (3) by adding at the end the following: 4 ‘‘(6) use grants under section 437(f) in coordi5 nation with other Federal funds to better serve fami6 lies in the child welfare system that are affected by 7 a substance use disorder.’’. 8 (f) PERFORMANCE INDICATORS.—Section 9 437(f)(8)(A) (42 U.S.C. 629g(f)(8)(A)) is amended in the 10 1st sentence— 11 (1) by striking ‘‘this subsection’’ the 1st place 12 it appears and inserting ‘‘the Protecting America’s 13 Children by Strengthening Families Act’’; 14 (2) by inserting ‘‘child permanency, reunifica15 tion, re-entry into care,’’ before ‘‘parental recovery’’; 16 and 17 (3) by inserting ‘‘, and access to services for 18 families with substance use disorder, including those 19 with children who are overrepresented in foster care, 20 difficult to place, or have disproportionately low per21 manency rates’’ before the period. 22 (g) PERFORMANCE INDICATOR CONSULTATION RE23 QUIRED.—Section 437(f)(8)(B) (42 U.S.C. 24 629g(f)(8)(B)) is amended by redesignating clause (iii) as 25 clause (iv) and inserting after clause (ii) the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00579 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 580. 580 1 ‘‘(iii) The Administrator of the Na2 tional Institute on Drug Abuse.’’. 3 (h) REPORTS TO CONGRESS.—Section 437(f)(9)(B) 4 (42 U.S.C. 629g(f)(9)(B)) is amended— 5 (1) by striking ‘‘and’’ at the end of clause (ii); 6 (2) by striking the period at the end of clause 7 (iii) and inserting ‘‘; and’’; and 8 (3) by adding at the end the following: 9 ‘‘(iv) whether any programs funded by 10 the grants were submitted to the clearing11 house established under section 476(d) for 12 review and the results of any such re13 view.’’. 14 (i) PRIORITY FOR STATEWIDE SERVICE GROWTH.— 15 Section 437(f)(7) (42 U.S.C. 629g(f)(7)), as amended by 16 subsection (d)(2) of this section, is amended— 17 (1) by striking ‘‘and’’ at the end of subpara18 graph (E); 19 (2) by striking the period at the end of sub20 paragraph (F) and inserting ‘‘; and’’; and 21 (3) by adding at the end the following: 22 ‘‘(G) are a State or public agency, or out23 line a plan to increase the availability of serv24 ices funded under the grant statewide.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00580 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 581. 581 1 (j) ADDITION OF JUVENILE COURT AS REQUIRED 2 PARTNER.—Section 437(f)(2)(A) (42 U.S.C. 3 629g(f)(2)(A)) is amended by adding at the end the fol4 lowing: 5 ‘‘(iii) The most appropriate adminis6 trative office of the juvenile court or State 7 court overseeing court proceedings involv8 ing families who come to the attention of 9 the court due to child abuse or neglect.’’. 10 (k) ADDITIONAL OPTIONAL PARTNER.—Section 11 437(f)(2)(C) (42 U.S.C. 629g(f)(2)(C)) is amended by re12 designating clause (ix) as clause (x) and inserting after 13 clause (viii) the following: 14 ‘‘(ix) State or local agencies that ad15 minister Federal health care, housing, fam16 ily support, or other related programs.’’. 17 (l) CONFORMING AMENDMENTS.— 18 (1) Section 437(f)(2)(D) (42 U.S.C. 19 629g(f)(2)(D)) is amended— 20 (A) by adding ‘‘and’’ at the end of clause 21 (i); 22 (B) by striking ‘‘; and’’ at the end of 23 clause (ii) and inserting a period; and 24 (C) by striking clause (iii). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00581 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 582. 582 1 (2) Section 437(f)(2) (42 U.S.C. 629g(f)(2)) is 2 amended by striking subparagraph (B) and redesig3 nating subparagraphs (C) and (D) as subparagraphs 4 (B) and (C), respectively 5 SEC. 315. MODERNIZATION; REDUCING ADMINISTRATIVE 6 BURDEN. 7 (a) IN GENERAL.—Section 431 (42 U.S.C. 629a) is 8 amended by adding at the end the following: 9 ‘‘(c) USE OF TECHNOLOGY.— 10 ‘‘(1) USE OF PORTAL.—The services referred to 11 in subsection (a) may include the means of access to 12 and use of an electronic or digital portal to facilitate 13 the provision of community support to care for and 14 meet specific needs of families and children. 15 ‘‘(2) LIMITATION.—Such a portal shall not re16 tain or share personally identifiable information 17 about a beneficiary without consent or for any pur18 pose other than referral.’’. 19 (b) ALLOWING SUPPORT FOR FAMILY RESOURCE 20 CENTERS.—Section 431(a) (42 U.S.C. 629a(a)) is amend21 ed— 22 (1) in paragraph (2)(A), by inserting ‘‘, includ23 ing services provided by family resource centers,’’ 24 before ‘‘designed’’; and 25 (2) by adding at the end the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 583. 583 1 ‘‘(10) FAMILY RESOURCE CENTER.— 2 ‘‘(A) IN GENERAL.—The term ‘family re3 source center’ means a community or school4 based hub of support services for families 5 that— 6 ‘‘(i) utilizes an approach that is multi7 generational, strengths-based, and family8 centered; 9 ‘‘(ii) reflects, and is responsive to, 10 community needs and interests; 11 ‘‘(iii) provides support at no or low 12 cost for participants; and 13 ‘‘(iv) builds communities of peer sup14 port for families, including kinship fami15 lies, to develop social connections that re16 duce isolation and stress. 17 ‘‘(B) SPECIAL RULE.—For purposes of 18 this subpart, an expenditure for a service pro19 vided by a family resource center may be treat20 ed as an expenditure for any 1 or more of fam21 ily support services, family preservation serv22 ices, family reunification services, or adoption 23 promotion and support services as long as the 24 expenditure is related to serving the children 25 and families in the specified category and conVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00583 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 584. 584 1 sistent with the overall purpose of the cat2 egory.’’. 3 (c) UPDATING STATE PLAN REQUIREMENT.—Sec4 tion 422(b)(1) (42 U.S.C. 622(b)(1)) is amended to read 5 as follows: 6 ‘‘(1) provide that a State agency will administer 7 or supervise the administration of the plan under 8 this subpart;’’. 9 (d) ACCESS TO LEGAL REPRESENTATION.—Section 10 422(b)(4) (42 U.S.C. 622(b)(4)) is amended— 11 (1) by striking ‘‘and’’ at the end of subpara12 graph (A); 13 (2) by adding ‘‘and’’ at the end of subpara14 graph (B); and 15 (3) by adding at the end the following: 16 ‘‘(C) the steps that the State will take to 17 ensure that, with respect to any judicial pro18 ceeding involving a child and in which there is 19 an allegation of child abuse or neglect, includ20 ing a proceeding on dependency, adoption, 21 guardianship, or termination of parental rights, 22 information about available independent legal 23 representation is provided to— 24 ‘‘(i) the child, as appropriate; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00584 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 585. 585 1 ‘‘(ii) any individual who is a parent or 2 guardian, or has legal custody, of the 3 child;’’. 4 (e) SUPPORTING MENTAL HEALTH AND WELL5 BEING OF CHILDREN IN FOSTER CARE.—Section 6 422(b)(15)(A) (42 U.S.C. 622(b)(15) is amended— 7 (1) in the matter preceding clause (i)— 8 (A) by inserting ‘‘and, if applicable, the 9 State agency responsible for mental health serv10 ices,’’ before ‘‘and in consultation’’; and 11 (B) by inserting ‘‘mental health pro12 viders,’’ before ‘‘other experts’’; 13 (2) in clause (ii), by inserting ‘‘a list of services 14 provided to support the physical and’’ before ‘‘emo15 tional’’; 16 (3) in clause (iv), by inserting ‘‘and mental 17 health’’ before ‘‘services’’; 18 (4) in clause (v), by inserting ‘‘, informed con19 sent of youth, and compliance with professional 20 practice guidelines’’ before the semicolon; and 21 (5) in clause (vi), by inserting ‘‘, licensed men22 tal health providers,’’ before ‘‘or other’’. 23 (f) REDUCTION OF ADMINISTRATIVE BURDEN.— 24 (1) IN GENERAL.—Subpart 3 of part B of title 25 IV (42 U.S.C. 629m) is amended by redesignating VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 586. 586 1 section 440 as section 443 and inserting before such 2 section the following: 3 ‘‘SEC. 441. REDUCTION OF ADMINISTRATIVE BURDEN. 4 ‘‘(a) IN GENERAL.—The Secretary shall reduce the 5 burden of administering this part imposed on the recipi6 ents of funds under this part, by— 7 ‘‘(1) reviewing and revising administrative data 8 collection instruments and forms to eliminate dupli9 cation and streamline reporting requirements for the 10 recipients while collecting all data required under 11 this part; 12 ‘‘(2) in coordination with activities required 13 under the Paperwork Reduction Act, conducting an 14 analysis of the total number of hours reported by 15 the recipients to comply with paperwork require16 ments and exploring, in consultation with the recipi17 ents, how to reduce the number of hours required 18 for the compliance by at least 15 percent; 19 ‘‘(3) collecting input from the recipients with 20 respect to fiscal and oversight requirements and 21 making changes to ensure consistency with stand22 ards and guidelines for other Federal formula grant 23 programs based on the input; and 24 ‘‘(4) respecting the sovereignty of Indian tribes 25 when complying with this subsection. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00586 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 587. 587 1 ‘‘(b) LIMITATION ON APPLICABILITY.—Subsection 2 (a) of this section shall not apply to any reporting or data 3 collection otherwise required by law that would affect the 4 ability of the Secretary to monitor and ensure compliance 5 with State plans approved under this part or ensure that 6 funds are expended consistent with this part. 7 ‘‘SEC. 442. PUBLIC ACCESS TO STATE PLANS. 8 ‘‘The Secretary shall— 9 ‘‘(1) create a standardized format for State 10 plans required under sections 422 and 432 used to 11 monitor compliance with those sections; 12 ‘‘(2) produce comparisons and analyses of 13 trends in State plans to inform future technical as14 sistance and policy development; 15 ‘‘(3) make the State plans available on a public 16 website; and 17 ‘‘(4) include on the website aggregated national 18 summaries of State submissions as the Secretary 19 deems appropriate.’’. 20 (2) IMPLEMENTATION.—Within 2 years after 21 the date of the enactment of this Act, the Secretary 22 of Health and Human Services shall— 23 (A) comply with section 441 of the Social 24 Security Act, as added by the amendment made 25 by paragraph (1); and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00587 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 588. 588 1 (B) notify each recipient of funds under 2 part B of title IV of the Social Security Act of 3 any change made by the Secretary pursuant to 4 such section affecting the recipient. 5 (3) REPORT.—Within 3 years after the date of 6 the enactment of this Act, the Secretary of Health 7 and Human Services shall submit to the Committee 8 on Ways and Means of the House of Representatives 9 and the Committee on Finance of the Senate a re10 port describing the efforts of the Secretary to com11 ply with section 441 of the Social Security Act, as 12 added by the amendment made by paragraph (1), in13 cluding the specific actions to comply with each 14 paragraph of such section. 15 (g) PRIMARY PREVENTION PARTNERS.—Section 16 435(a)(2)(B) (42 U.S.C. 429e(a)(2)(B)) is amended by in17 serting ‘‘including community-based partners with exper18 tise in preventing unnecessary child welfare system in19 volvement’’ before the semicolon. 20 SEC. 316. STREAMLINING FUNDING FOR INDIAN TRIBES. 21 (a) SUBPART 1.— 22 (1) TRIBAL SET-ASIDE; DIRECT PAYMENTS TO 23 TRIBES; EXEMPTIVE AUTHORITY.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00588 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 589. 589 1 (A) IN GENERAL.—Section 428 (42 U.S.C. 2 628) is amended by striking subsections (a) and 3 (b) and inserting the following: 4 ‘‘(a) RESERVATION OF FUNDS; DIRECT PAY5 MENTS.—Out of any amount appropriated pursuant to 6 section 425 for a fiscal year, the Secretary shall reserve 7 3 percent for grants to Indian tribes and tribal organiza8 tions, which shall be paid directly to Indian tribes and 9 tribal organizations with a plan approved under this sub10 part, in accordance with section 433(a).’’. 11 (B) CONFORMING AMENDMENT.—Section 12 423(a) (42 U.S.C. 623(a)) is amended by strik13 ing ‘‘the sum appropriated pursuant to section 14 425 for each fiscal year’’ and inserting ‘‘for 15 each fiscal year, the sum appropriated pursuant 16 to section 425 remaining after applying section 17 428(a)’’. 18 (C) TECHNICAL AMENDMENT.—Section 19 428(c) (42 U.S.C. 628(c)) is amended by strik20 ing ‘‘450b’’ and inserting ‘‘5304’’. 21 (2) IMPROVING COMPLIANCE WITH THE INDIAN 22 CHILD WELFARE ACT.— 23 (A) STATE PLAN REQUIREMENT.—Section 24 422(b)(9) (42 U.S.C. 622(b)(9)) is amended by 25 striking ‘‘Act;’’ and inserting ‘‘Act of 1978, inVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00589 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 590. 590 1 cluding how the State will ensure timely notice 2 to Indian tribes of State custody proceedings 3 involving Indian children, foster care or adop4 tive placements of Indian children, and case 5 recordkeeping as such matters relate to trans6 fers of jurisdiction, termination of parental 7 rights, and active efforts;’’. 8 (B) TECHNICAL ASSISTANCE.—Subpart 1 9 of part B of title IV (42 U.S.C. 621 et seq.) is 10 amended by adding at the end the following: 11 ‘‘SEC. 429B. EFFECTIVE IMPLEMENTATION OF THE INDIAN 12 CHILD WELFARE ACT OF 1978. 13 ‘‘(a) IN GENERAL.—Not later than October 1, 2025, 14 the Secretary, in consultation with Indian tribal organiza15 tions and States, shall develop a plan and provide tech16 nical assistance supporting effective implementation of the 17 Indian Child Welfare Act of 1978, including specific meas18 ures identified in State plans as required by section 19 422(b)(9) of this Act. The technical assistance plan shall 20 be based on data sufficient to assess State strengths and 21 areas for improvement in implementing Federal standards 22 established under the Indian Child Welfare Act of 1978, 23 including, at a minimum, the following: 24 ‘‘(1) Timely identification of Indian children 25 and extended family members. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00590 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 591. 591 1 ‘‘(2) Timely tribal notice of State child custody 2 proceedings involving an Indian child. 3 ‘‘(3) Reports of cases in which a transfer of ju4 risdiction (as defined under the Indian Child Wel5 fare Act of 1978) was granted or was not granted, 6 and reasons specified for denial in cases where 7 transfer was denied. 8 ‘‘(4) In cases in which a State court orders a 9 foster care placement of an Indian child, whether re10 quirements for active efforts to prevent the breakup 11 of the Indian family, testimony of a qualified expert 12 witness, and evidentiary standards were met. 13 ‘‘(5) Whether an Indian child was placed in a 14 placement that is required to be preferred under the 15 Indian Child Welfare Act of 1978, and if not, the 16 reasons specified. 17 ‘‘(6) In cases in which a State court orders the 18 termination of parental rights to an Indian child, 19 whether requirements for active efforts to prevent 20 the breakup of the Indian family, testimony of a 21 qualified expert witness, and evidentiary standards 22 were met. 23 ‘‘(b) INTERAGENCY COORDINATION.—On request of 24 the Secretary, the Secretary of the Interior shall provide 25 the Secretary with such guidance and assistance as may VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00591 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 592. 592 1 be necessary to facilitate informing States and public child 2 welfare agencies on how to comply with the Indian Child 3 Welfare Act of 1978, including specific measures identi4 fied in State plans as required by section 422(b)(9) of this 5 Act. 6 ‘‘(c) BIENNIAL REPORTS TO CONGRESS.—The Sec7 retary shall biennially submit to the Committee on Ways 8 and Means of the House of Representatives and the Com9 mittee on Finance of the Senate a written report on how— 10 ‘‘(1) the States are complying with the Indian 11 Child Welfare Act of 1978 and section 422(b)(9) of 12 this Act, as informed by data collected under this 13 section; and 14 ‘‘(2) the Secretary is assisting States and In15 dian tribes to improve implementation of Federal 16 standards established under the Indian Child Wel17 fare Act of 1978.’’. 18 (3) REPORTING REQUIREMENTS; ADMINISTRA19 TIVE COSTS.— 20 (A) IN GENERAL.—Section 428 (42 U.S.C. 21 628) is amended by redesignating subsection (c) 22 as subsection (d) and inserting before such sub23 section the following: 24 ‘‘(b) AUTHORITY TO STREAMLINE REPORTING RE25 QUIREMENTS.—The Secretary shall, in consultation with VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00592 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 593. 593 1 the affected Indian tribes, modify any reporting require2 ment imposed by or under this part on an Indian tribe, 3 tribal organization, or tribal consortium if the total of the 4 amounts allotted to the Indian tribe, tribal organization, 5 or tribal consortium under this part for the fiscal year is 6 not more than $50,000, and in a manner that limits the 7 administrative burden on any tribe to which not more than 8 $50,000 is allotted under this subpart for the fiscal year. 9 ‘‘(c) TRIBAL AUTHORITY TO SUBSTITUTE THE FED10 ERAL NEGOTIATED INDIRECT COST RATE FOR ADMINIS11 TRATIVE COSTS CAP.—For purposes of sections 12 422(b)(14) and 424(e), an Indian tribal organization may 13 elect to have the weighted average of the indirect cost 14 rates in effect under part 220 of title 2, Code of Federal 15 Regulations with respect to the administrative costs of the 16 Indian tribal organization apply in lieu of the percentage 17 specified in each such section.’’. 18 (B) CONFORMING AMENDMENTS.—Section 19 431(a) (42 U.S.C. 629a(a)) is amended in each 20 of paragraphs (5) and (6) by striking ‘‘428(c)’’ 21 and inserting ‘‘428(d)’’. 22 (b) SUBPART 2.— 23 (1) TRIBAL PLAN EXEMPTION.—Section 24 432(b)(2)(B) (42 U.S.C. 629b(b)(2)(B)) is amend25 ed— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00593 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 594. 594 1 (A) by striking ‘‘section 433(a)’’ the 1st 2 place it appears and inserting ‘‘sections 433(a) 3 and 437(c)(1) combined’’; and 4 (B) by striking ‘‘section 433(a)’’ the 2nd 5 place it appears and inserting ‘‘such sections’’. 6 (2) APPLICATION OF TRIBAL SET-ASIDE BE7 FORE OTHER SET-ASIDES.—Section 436(b)(3) (42 8 U.S.C. 429f(b)(3)) is amended by striking ‘‘After 9 applying paragraphs (4) and (5) (but before apply10 ing paragraphs (1) or (2)), the’’ and inserting 11 ‘‘The’’. 12 (3) INCREASE IN FUNDING FOR TRIBAL COURT 13 IMPROVEMENT PROGRAM.—Section 438(c)(3) (42 14 U.S.C. 629h(c)(3)) is amended by inserting ‘‘for fis15 cal year 2025, and $2,000,000 for each of fiscal 16 years 2026 through 2029,’’ before ‘‘for grants’’. 17 SEC. 317. ACCELERATING ACCESS TO FAMILY FIRST PRE18 VENTION SERVICES. 19 (a) IN GENERAL.—Section 435 (42 U.S.C. 629e) is 20 amended by adding at the end the following: 21 ‘‘(f) PREVENTION SERVICES EVALUATION PARTNER22 SHIPS.— 23 ‘‘(1) PURPOSE.—The purpose of this subsection 24 is to authorize the Secretary to make competitive 25 grants to support the timely evaluation of— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00594 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 595. 595 1 ‘‘(A) services and programs described in 2 section 471(e); or 3 ‘‘(B) kinship navigator programs described 4 in section 474(a)(7). 5 ‘‘(2) GRANTS.—In accordance with applications 6 approved under this subsection, the Secretary may 7 make grants, on a competitive basis, to eligible enti8 ties to carry out projects designed to evaluate a serv9 ice or program provided by the eligible entity, or an 10 entity in partnership with the eligible entity, with re11 spect to the requirements for a promising practice, 12 supported practice, or well-supported practice de13 scribed in section 471(e)(4)(C). 14 ‘‘(3) APPLICATIONS.— 15 ‘‘(A) IN GENERAL.—An eligible entity may 16 apply to the Secretary for a grant under this 17 subsection to carry out a project that meets the 18 following requirements: 19 ‘‘(i) The project is designed in accord20 ance with paragraph (2). 21 ‘‘(ii) The project is to be carried out 22 by the applicant in partnership with— 23 ‘‘(I) a State agency that admin24 isters, or supervises the administra25 tion of, the State plan approved under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00595 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 596. 596 1 part E, or an agency administering 2 the plan under the supervision of the 3 State agency; and 4 ‘‘(II) if the applicant is unable or 5 unwilling to do so, at least 1 external 6 evaluator to carry out the evaluation 7 of the service or program provided by 8 the applicant. 9 ‘‘(B) CONTENTS.—The application shall 10 contain the following: 11 ‘‘(i) A description of the project, in12 cluding— 13 ‘‘(I) a statement explaining why 14 a grant is necessary to carry out the 15 project; and 16 ‘‘(II) the amount of grant funds 17 that would be disbursed to each entity 18 described in subparagraph (A)(ii) in 19 partnership with the applicant. 20 ‘‘(ii) A certification from each entity 21 described in subparagraph (A)(ii) that pro22 vides assurances that the individual or en23 tity is in partnership with the applicant 24 and will fulfill the responsibilities of the 25 entity specified in the description provided VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00596 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 597. 597 1 pursuant to clause (i) of this subpara2 graph. 3 ‘‘(iii) A certification from the appli4 cant that provides assurances that the ap5 plicant intends to comply with subpara6 graph (A)(ii)(II), if applicable. 7 ‘‘(iv) At the option of the eligible enti8 ty, a certification from the applicant that 9 the applicant requires an external eval10 uator secured by the Secretary pursuant to 11 paragraph (5), if applicable. 12 ‘‘(4) PRIORITIES.—In approving applications 13 under this subsection, the Secretary shall prioritize 14 the following: 15 ‘‘(A) Addressing, with respect to the clear16 inghouse of practices described in section 17 476(d)(2), deficiencies or gaps identified by the 18 Secretary in consultation with— 19 ‘‘(i) States, political subdivisions of a 20 State, and tribal communities carrying out, 21 or receiving the benefits of, a service or 22 program; and 23 ‘‘(ii) child welfare experts, including 24 individuals with lived experience. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00597 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 598. 598 1 ‘‘(B) Maximizing the number of evidence2 based services or programs to be included in the 3 clearinghouse of practices described in section 4 476(d)(2). 5 ‘‘(C) Timely completion of evaluations and 6 the production of evidence. 7 ‘‘(D) Supporting services or programs that 8 are based on, or are adaptations to new popu9 lation settings of, a service or program with re10 liable evidence about the benefits and risks of 11 the service or program. 12 ‘‘(5) AVAILABILITY OF EXTERNAL EVAL13 UATORS.— 14 ‘‘(A) IN GENERAL.—Before accepting ap15 plications under this subsection, the Secretary 16 shall make reasonable efforts to identify at least 17 1 entity to serve as an external evaluator for 18 any eligible entity that includes a certification 19 under paragraph (3)(B)(iv) with an application 20 under this subsection. 21 ‘‘(B) NO EFFECT ON CONSIDERATION OF 22 APPLICATION.—The Secretary may not consider 23 whether an eligible entity is in partnership with 24 an external evaluator described in paragraph VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00598 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 599. 599 1 (A) in approving an application under this sub2 section submitted by the eligible entity. 3 ‘‘(6) REPORTS.— 4 ‘‘(A) BY GRANT RECIPIENTS.—Within 1 5 year after receiving a grant under this sub6 section, and every year thereafter for the next 7 5 years, the grant recipient shall submit to the 8 Secretary a written report on— 9 ‘‘(i) the use of grant funds; 10 ‘‘(ii) whether the program or service 11 evaluated by the project meets a require12 ment specified in section 471(e)(4)(C), in13 cluding information about— 14 ‘‘(I) how the program or service 15 is being carried out in accordance 16 with standards specified in the re17 quirement; 18 ‘‘(II) any outcomes of the pro19 gram or service; and 20 ‘‘(III) any outcome with respect 21 to which the service or program com22 pares favorably to a comparison prac23 tice; and 24 ‘‘(iii) whether the Secretary has in25 cluded the program or service in an update VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00599 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 600. 600 1 to the clearinghouse of practices described 2 in section 476(d)(2). 3 ‘‘(B) BY THE SECRETARY.—The Secretary 4 shall submit to the Committee on Ways and 5 Means of the House of Representatives and to 6 the Committee on Finance of the Senate an an7 nual written report on— 8 ‘‘(i) the grants awarded under this 9 subsection; 10 ‘‘(ii) the programs funded by the 11 grants; 12 ‘‘(iii) any technical assistance pro13 vided by the Secretary in carrying out this 14 subsection, including with respect to the 15 efforts to secure external evaluators pursu16 ant to paragraph (5); and 17 ‘‘(iv) any efforts by the Secretary to 18 support program evaluation and review 19 pursuant to section 471(e) and inclusion of 20 programs in the pre-approved list of serv21 ices and programs described in section 22 471(e)(4)(D) or the clearinghouse of prac23 tices described in section 476(d)(2). 24 ‘‘(7) FUNDING.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00600 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 601. 601 1 ‘‘(A) LIMITATIONS.—Of the amounts avail2 able to carry out this subsection, the Secretary 3 may use not more than 5 percent to provide 4 technical assistance. 5 ‘‘(B) CARRYOVER.—Amounts made avail6 able to carry out this subsection shall remain 7 available until expended. 8 ‘‘(8) DEFINITIONS.—In this subsection: 9 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi10 ble entity’ means any of the following providing 11 a service or program or, in the sole determina12 tion of the Secretary, able to provide a service 13 or program if awarded a grant under this sub14 section: 15 ‘‘(i) A State, a political subdivision of 16 a State, or an agency or department of a 17 State or political subdivision of a State. 18 ‘‘(ii) An entity described in subpara19 graph (A) or (B) of section 426(a)(1). 20 ‘‘(iii) An Indian tribe or tribal organi21 zation. 22 ‘‘(B) EXTERNAL EVALUATOR.—The term 23 ‘external evaluator’ means an entity with the 24 ability and willingness to evaluate a service or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00601 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 602. 602 1 program pursuant to paragraph (2) that is not 2 provided by the entity. 3 ‘‘(C) SERVICE OR PROGRAM.—The term 4 ‘service or program’— 5 ‘‘(i) means a service or program de6 scribed in section 471(e); and 7 ‘‘(ii) includes a kinship navigator pro8 gram described in section 474(a)(7).’’. 9 (b) FUNDING.—Section 437(b) (42 U.S.C. 629g(b)) 10 is amended by adding at the end the following: 11 ‘‘(5) PREVENTIVE SERVICES EVALUATION 12 PARTNERSHIPS.—The Secretary shall reserve 13 $5,000,000 for grants under section 435(f) for each 14 of fiscal years 2026 through 2029.’’. 15 SEC. 318. STRENGTHENING SUPPORT FOR YOUTH AGING 16 OUT OF FOSTER CARE. 17 (a) CASEWORKER VISITS.—Section 422(b)(17) (42 18 U.S.C. 622(b)(17)) is amended by inserting ‘‘, and include 19 a description of how the State may offer virtual case20 worker visits to youth in care who have attained the age 21 of 18 years and provided informed consent for virtual vis22 its’’ before the semicolon. 23 (b) YOUTH AND FAMILY ENGAGEMENT IN CHILD 24 WELFARE PROGRAM PLANNING.—Section 432(b)(1) (42 25 U.S.C. 629b(b)(1)) is amended to read as follows: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00602 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 603. 603 1 ‘‘(1) IN GENERAL.—The Secretary shall ap2 prove a plan that meets the requirements of sub3 section (a) only if— 4 ‘‘(A) the plan was developed jointly by the 5 Secretary and the State, and the State, in de6 veloping the plan, consulted with— 7 ‘‘(i) appropriate public and nonprofit 8 private agencies; 9 ‘‘(ii) community-based organizations 10 involved in providing services for children 11 and families in the areas of family preser12 vation, family support, family reunifica13 tion, foster care, kinship, and adoption 14 promotion and support; 15 ‘‘(iii) parents with child welfare expe16 rience, foster parents, adoptive parents, 17 and kinship caregivers; and 18 ‘‘(iv) children, youth, and young 19 adults with experience in the child welfare 20 system, including State boards and coun21 cils comprised of youth with lived experi22 ence who represent the diversity of chil23 dren in the State to whom the plan would 24 apply; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00603 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 604. 604 1 ‘‘(B) the State has made publicly acces2 sible on a website of the State agency a report 3 that outlines how the State has implemented 4 the suggestions of the children and youth re5 ferred to in subparagraph (A)(iv).’’. 6 SEC. 319. RECOGNIZING THE IMPORTANCE OF RELATIVE 7 AND KINSHIP CAREGIVERS. 8 (a) IN GENERAL.—Section 431(a) (42 U.S.C. 9 629a(a)), as amended by section 316(b)(2) of this part, 10 is amended— 11 (1) in paragraph (1)— 12 (A) in the matter preceding subparagraph 13 (A)— 14 (i) by striking ‘‘children’’ and insert15 ing ‘‘children, youth,’’; and 16 (ii) by striking ‘‘adoptive and ex17 tended’’ and inserting ‘‘kinship and adop18 tive’’; 19 (B) in subparagraph (D), by striking ‘‘par20 ents and other caregivers (including foster par21 ents)’’ and inserting ‘‘parents, kinship care22 givers, and foster parents’’; 23 (C) by striking ‘‘and’’ at the end of sub24 paragraph (E); VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00604 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 605. 605 1 (D) by striking the period at the end of 2 subparagraph (F) and inserting ‘‘ ; and’’; and 3 (E) by adding at the end the following: 4 ‘‘(G)(i) peer-to-peer mentoring and support 5 programs with demonstrated experience fos6 tering constructive relationships between chil7 dren and families and mentors with relevant 8 lived experience or interactions with the child 9 welfare system; and 10 ‘‘(ii) for purposes of this subpart, an ex11 penditure for a service described in clause (i) 12 may be treated as an expenditure for any 1 or 13 more of family support services, family preser14 vation services, family reunification services, or 15 adoption promotion and support services, as 16 long as the expenditure is related to serving the 17 children and families in the specified category 18 and consistent with the overall purpose of the 19 category.’’; 20 (2) in paragraph (2)(B)— 21 (A) in clause (i), by striking ‘‘children’’ 22 and inserting ‘‘children, youth,’’; and 23 (B) in clause (ii), by striking ‘‘extended’’ 24 and inserting ‘‘kinship’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00605 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 606. 606 1 (3) in paragraph (7)(A), by inserting ‘‘with kin2 ship caregivers or’’ before ‘‘in a foster family home’’; 3 and 4 (4) by adding at the end the following: 5 ‘‘(11) YOUTH.—The term ‘youth’ means an in6 dividual who has not attained 26 years of age.’’. 7 (b) KINSHIP NAVIGATORS.— 8 (1) IN GENERAL.—Section 427 (42 U.S.C. 627) 9 is amended— 10 (A) in the section heading, by striking 11 ‘‘FAMILY CONNECTION GRANTS’’ and insert12 ing ‘‘KINSHIP NAVIGATORS’’; 13 (B) in subsection (a)— 14 (i) in the matter preceding paragraph 15 (1), by striking ‘‘helping’’ and inserting 16 ‘‘administering programs to help’’; 17 (ii) by striking ‘‘of—’’ and all that 18 follows through ‘‘a kinship’’ and inserting 19 ‘‘of a kinship’’; 20 (iii) in paragraph (1)(C)— 21 (I) by striking ‘‘and’’ at the end 22 of clause (iii); 23 (II) by adding ‘‘and’’ at the end 24 of clause (iv); and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00606 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 607. 607 1 (III) by adding at the end the 2 following: 3 ‘‘(v) connections to individualized as4 sistance, as needed;’’; 5 (iv) by striking paragraphs (2) 6 through (4); 7 (v) by redesignating subparagraphs 8 (A) through (G) of paragraph (1) as para9 graphs (1) through (7), respectively; 10 (vi) by redesignating clauses (i) 11 through (iv) and clause (v) (as added by 12 clause (iii)(III) of this subparagraph) as 13 subparagraphs (A) through (E), respec14 tively; 15 (vii) by moving each provision so re16 designated 2 ems to the left; and 17 (viii) by striking ‘‘caregiving;’’ and in18 serting ‘‘caregiving.’’; 19 (C) in subsection (b)— 20 (i) in paragraph (1), by striking ‘‘1 or 21 more of’’; 22 (ii) by redesignating paragraphs (3) 23 and (4) as paragraphs (4) and (5), respec24 tively, and inserting after paragraph (2) 25 the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00607 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 608. 608 1 ‘‘(3) a description of how the entity will directly 2 fund, or provide data to the Secretary for, an eval3 uation which will publish and submit information to 4 the clearinghouse described in section 476(d)(2) and 5 which is designed to meet the requirements of sec6 tion 471(e)(4)(C), or a description of how the funds 7 will be used to help the State transition to a pro8 gram for which the State will seek reimbursement 9 under section 474(a)(7);’’; 10 (iii) in paragraph (4) (as so redesig11 nated), by striking ‘‘and’’ at the end; 12 (iv) in paragraph (5) (as so redesig13 nated), by striking the period and inserting 14 ‘‘; and’’; and 15 (v) by adding at the end the following: 16 ‘‘(6) if the entity is a State, local or tribal child 17 welfare agency— 18 ‘‘(A) documentation of support from a rel19 evant community-based organization with expe20 rience serving kinship families when applicable; 21 or 22 ‘‘(B) a description of how the organization 23 plans to coordinate its services and activities 24 with those offered by the relevant community25 based organizations.’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00608 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 609. 609 1 (D) by striking subsection (d) and insert2 ing the following: 3 ‘‘(d) FEDERAL SHARE.—An entity to which a grant 4 is made under this section may use the grant to pay not 5 more than 75 percent of the cost of the activities to be 6 carried out by the entity pursuant to this section.’’; 7 (E) in subsection (g)— 8 (i) by striking all that precedes ‘‘2 9 percent’’ and inserting the following: 10 ‘‘(g) RESERVATION OF FUNDS FOR TECHNICAL AS11 SISTANCE.—The Secretary may reserve’’; and 12 (ii) by striking ‘‘subsection (h)’’ the 13 2nd place it appears and inserting ‘‘section 14 437(b)(6)’’; and 15 (F) by striking subsection (h). 16 (2) RESERVATION OF DISCRETIONARY 17 FUNDS.—Section 437(b) (42 U.S.C. 629g(b)), as 18 amended by section 318(b) of this part, is amended 19 by adding at the end the following: 20 ‘‘(6) KINSHIP NAVIGATORS.—The Secretary 21 shall reserve $10,000,000 for grants under section 22 427 for each of fiscal years 2026 through 2029.’’. 23 (3) CONFORMING AMENDMENT.—Section 24 474(a)(7) (42 U.S.C. 674(a)(7)) is amended by 25 striking ‘‘427(a)(1)’’ and inserting ‘‘427(a)’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00609 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 610. 610 1 SEC. 320. AVOIDING NEGLECT BY ADDRESSING POVERTY. 2 (a) FAMILY PRESERVATION SERVICES.—Section 3 431(a)(1) (42 U.S.C. 629a(a)(1)), as amended by section 4 320(a)(1) of this part, is amended— 5 (1) in subparagraph (F), by striking ‘‘and’’ 6 after the semicolon; 7 (2) in subparagraph (G), by striking the period 8 and inserting ‘‘; and’’; and 9 (3) by adding at the end the following: 10 ‘‘(H)(i) services providing nonrecurring 11 short term benefits (including supports related 12 to housing instability, utilities, transportation, 13 and food assistance, among other basic needs) 14 that address immediate needs related to a spe15 cific crisis, situation, or event affecting the abil16 ity of a child to remain in a home established 17 for the child that is not intended to meet an on18 going need; and 19 ‘‘(ii) for purposes of this subpart, an ex20 penditure for a service described in clause (i) 21 may be treated as an expenditure for any 1 or 22 more of family support services, family preser23 vation services, family reunification services, or 24 adoption promotion and support services as 25 long as the expenditure is related to serving the 26 children and families in the specified category VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00610 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 611. 611 1 and consistent with the overall purpose of the 2 category.’’. 3 (b) STATE PLAN REQUIREMENTS.—Section 432(a) 4 (42 U.S.C. 629b(a)) is amended— 5 (1) in paragraph (9), by striking ‘‘and’’ after 6 the semicolon; 7 (2) in paragraph (10), by striking the period 8 and inserting ‘‘; and’’; and 9 (3) by adding at the end the following: 10 ‘‘(11) provides a description of policies in place, 11 including training for employees, to address child 12 welfare reports and investigations of neglect con13 cerning the living arrangements or subsistence needs 14 of a child with the goal to prevent the separation of 15 a child from a parent of the child solely due to pov16 erty, to ensure access to services described in section 17 431(a)(1)(H).’’. 18 SEC. 321. STRENGTHENING SUPPORT FOR CASEWORKERS. 19 (a) REAUTHORIZATION OF, AND INCREASE IN FUND20 ING FOR, CASEWORKER VISITS.—Section 436(b)(4)(A) 21 (42 U.S.C. 629f(b)(4)(A)) is amended by striking ‘‘each 22 of fiscal years 2017 through 2023’’ and inserting ‘‘fiscal 23 year 2025 and $26,000,000 for fiscal year 2026 and each 24 succeeding fiscal year’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00611 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 612. 612 1 (b) MINIMUM GRANT AMOUNT.—Section 433(e) (42 2 U.S.C. 629c(e)) is amended by striking paragraphs (1) 3 and (2) and inserting the following: 4 ‘‘(1) BASE ALLOTMENT.—From the amount re5 served pursuant to section 436(b)(4)(A) for any fis6 cal year, the Secretary shall first allot to each State 7 (other than an Indian tribe) that has provided to the 8 Secretary such documentation as may be necessary 9 to verify that the jurisdiction has complied with sec10 tion 436(b)(4)(B)(ii) during the fiscal year, a base 11 allotment of $100,000, and shall then allot to each 12 of those States an amount determined in paragraph 13 (2) or (3) of this subsection, as applicable. 14 ‘‘(2) TERRITORIES.—From the amount reserved 15 pursuant to section 436(b)(4)(A) for any fiscal year 16 that remains after applying paragraph (1) of this 17 subsection for the fiscal year, the Secretary shall 18 allot to each jurisdiction specified in subsection (b) 19 of this section to which a base allotment is made 20 under such paragraph (1) an amount determined in 21 the same manner as the allotment to each of such 22 jurisdictions is determined under section 423 (with23 out regard to the initial allotment of $70,000 to 24 each State). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00612 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 613. 613 1 ‘‘(3) OTHER STATES.—From the amount re2 served pursuant to section 436(b)(4)(A) for any fis3 cal year that remains after applying paragraphs (1) 4 and (2) of this subsection for the fiscal year, the 5 Secretary shall allot to each State (other than an In6 dian tribe) not specified in subsection (b) of this sec7 tion to which a base allotment was made under 8 paragraph (1) of this subsection an amount equal to 9 such remaining amount multiplied by the supple10 mental nutrition assistance program benefits per11 centage of the State (as defined in subsection (c)(2) 12 of this section) for the fiscal year, except that in ap13 plying subsection (c)(2)(A) of this section, ‘sub14 section (e)(3)’ shall be substituted for ‘such para15 graph (1)’.’’. 16 (c) REQUIREMENT TO USE FUNDS TO IMPROVE 17 QUALITY OF CASEWORKER VISITS WITH FOSTER CHIL18 DREN.—Section 436(b)(4)(B)(i) (42 U.S.C. 19 629f(b)(4)(B)(i)) is amended to read as follows: 20 ‘‘(i) IN GENERAL.—A State to which 21 an amount is paid from amounts reserved 22 under subparagraph (A) shall use the 23 amount to improve the quality of monthly 24 caseworker visits with children who are in VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00613 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 614. 614 1 foster care under the responsibility of the 2 State, with an emphasis on— 3 ‘‘(I) reducing caseload ratios and 4 the administrative burden on case5 workers, to improve caseworker deci6 sion making on the safety, perma7 nency, and well-being of foster chil8 dren and on activities designed to in9 crease retention, recruitment, and 10 training of caseworkers; 11 ‘‘(II) implementing technology 12 solutions to streamline caseworker du13 ties and modernize systems, ensuring 14 improved efficiency and effectiveness 15 in child welfare services; 16 ‘‘(III) improving caseworker safe17 ty; 18 ‘‘(IV) mental health resources to 19 support caseworker well-being, includ20 ing peer-to-peer support programs; 21 and 22 ‘‘(V) recruitment campaigns 23 aimed at attracting qualified case24 worker candidates.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00614 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 615. 615 1 (d) ELIMINATION OF COST-SHARE PENALTY TIED TO 2 MONTHLY CASEWORKER VISIT STANDARD.—Section 3 424(f) (42 U.S.C. 624(f)) is amended— 4 (1) by striking ‘‘(1)(A)’’; and 5 (2) by striking paragraphs (1)(B) and (2). 6 SEC. 322. DEMONSTRATION PROJECTS FOR IMPROVING RE7 LATIONSHIPS BETWEEN INCARCERATED 8 PARENTS AND CHILDREN IN FOSTER CARE. 9 (a) IN GENERAL.—Section 439 (42 U.S.C. 629i) is 10 amended to read as follows: 11 ‘‘SEC. 439. STATE PARTNERSHIP PLANNING AND DEM12 ONSTRATION GRANTS TO SUPPORT MEAN13 INGFUL RELATIONSHIPS BETWEEN FOSTER 14 CHILDREN AND THE INCARCERATED PAR15 ENTS OF THE CHILDREN. 16 ‘‘(a) AUTHORITY.— 17 ‘‘(1) IN GENERAL.—The Secretary may make 18 demonstration grants to eligible State partnerships 19 to develop, implement, and provide support for pro20 grams that enable and sustain meaningful relation21 ships between covered foster children and the incar22 cerated parents of the children. 23 ‘‘(2) PAYMENT OF ANNUAL INSTALLMENTS.— 24 The Secretary shall pay each demonstration grant in 25 5 annual installments. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00615 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 616. 616 1 ‘‘(3) 1-YEAR PLANNING GRANTS.—The Sec2 retary may make a planning grant to a recipient of 3 a demonstration grant, to be paid to the recipient 1 4 year before payment of the 1st annual installment of 5 the demonstration grant and in an amount not 6 greater than any installment of the demonstration 7 grant, if— 8 ‘‘(A) the recipient includes a request for a 9 planning grant in the application under sub10 section (c); and 11 ‘‘(B) the Secretary determines that a plan12 ning grant would assist the recipient and im13 prove the effectiveness of the demonstration 14 grant. 15 ‘‘(b) ELIGIBLE STATE PARTNERSHIP DEFINED.— 16 ‘‘(1) IN GENERAL.—In this section, the term 17 ‘eligible State partnership’ means an agreement en18 tered into by, at a minimum, the following: 19 ‘‘(A) The State child welfare agency re20 sponsible for the administration of the State 21 plans under this part. 22 ‘‘(B) The State agency responsible for 23 adult corrections. 24 ‘‘(2) ADDITIONAL PARTNERS.—For purposes of 25 this section, an eligible State partnership may inVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00616 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 617. 617 1 clude any entity with experience in serving incarcer2 ated parents and their children. 3 ‘‘(3) PARTNERSHIPS ENTERED INTO BY INDIAN 4 TRIBES OR TRIBAL CONSORTIA.—Notwithstanding 5 paragraph (1), if an Indian tribe or tribal consor6 tium enters into a partnership pursuant to this sec7 tion that does not consist solely of tribal child wel8 fare agencies (or a consortium of the agencies), the 9 partnership shall be considered an eligible State 10 partnership for purposes of this section. 11 ‘‘(c) APPLICATION REQUIREMENTS.—An eligible 12 State partnership seeking a demonstration grant under 13 this section to carry out a program described in subsection 14 (a)(1) shall submit an application to the Secretary at such 15 time, in such manner, and containing such information as 16 the Secretary may require. The application shall include 17 the following: 18 ‘‘(1) A summary of the program, including how 19 the program will support a meaningful relationship 20 between a covered foster child and an incarcerated 21 parent of the child. 22 ‘‘(2) A description of the activities to be carried 23 out by the program, which must include all of the 24 activities described in subsection (d) that are in the 25 best interest of the covered foster child. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00617 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 618. 618 1 ‘‘(3) A framework for identifying— 2 ‘‘(A) each covered foster child eligible for 3 services under the program, including, to the 4 extent practicable, coordination of data between 5 relevant State child welfare agencies and court 6 systems; and 7 ‘‘(B) the roles and responsibilities of the 8 entities in the partnership. 9 ‘‘(4) Documentation that the applicant is an eli10 gible State partnership. 11 ‘‘(5) Assurances that the applicant will partici12 pate fully in the evaluation described in subsection 13 (f)(2) and shall maintain records for the program, 14 including demographic information disaggregated by 15 relevant characteristics with respect to covered foster 16 children and incarcerated parents who participate in 17 the program. 18 ‘‘(d) PROGRAM ACTIVITIES.—To the extent that the 19 activities are in the best interest of the covered foster 20 child, the activities referred to in subsection (c)(2) shall 21 include the following: 22 ‘‘(1) REVISION OF POLICIES.—Through con23 sultation with incarcerated parents and their fami24 lies, grantees shall promote organizational policies of 25 participating child welfare entities and collaborating VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00618 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 619. 619 1 correctional facilities to promote meaningful rela2 tionships through regular and developmentally ap3 propriate communication and visitation between cov4 ered foster children and the incarcerated parents, in5 cluding, when appropriate, the following: 6 ‘‘(A) For child welfare entities— 7 ‘‘(i) inclusion of parents in case plan8 ning and decision making for children; 9 ‘‘(ii) regular sharing of information 10 and responses to requests for information 11 between caseworkers and incarcerated par12 ents with respect to the case information 13 of a child, any changes to a case, perma14 nency plans, requirements to maintain pa15 rental rights, and any efforts to terminate 16 parental rights; 17 ‘‘(iii) appropriate opportunities for in18 carcerated parents to demonstrate their re19 lationship with a covered foster child given 20 their incarceration, including training and 21 courses required for a service plan; and 22 ‘‘(iv) the enhanced visitation described 23 in paragraph (2). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00619 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 620. 620 1 ‘‘(B) For correctional facilities, fostering 2 visitation and communication that is develop3 mentally appropriate in terms of— 4 ‘‘(i) the nature of communication and 5 visitation, including— 6 ‘‘(I) the ability to physically 7 touch parents; 8 ‘‘(II) engaging with parents in lo9 cations that are appropriate for the 10 age and development of the child; 11 ‘‘(III) exchanging items that are 12 appropriate to the age and develop13 ment of the child, include expectations 14 that are appropriate for the age and 15 development of the child related to be16 havior, attire, and wait times; and 17 ‘‘(IV) allowing appropriate adults 18 to bring children if legal guardians 19 are not available to promote regular 20 contact; 21 ‘‘(ii) reasonable inclusion of all chil22 dren of the parent; 23 ‘‘(iii) communication and visitation at 24 times when the children are available; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 621. 621 1 ‘‘(iv) security procedures to comfort 2 children and be minimally invasive; and 3 ‘‘(v) promoting parent-child relation4 ships regardless of the sentence imposed 5 on the parent. 6 ‘‘(2) ENHANCED VISITATION.— 7 ‘‘(A) Grantees shall facilitate weekly com8 munication and, for at least 9 days each year, 9 in-person visitation between a covered foster 10 child and any incarcerated parent of the child. 11 ‘‘(B) Electronic visitation (such as live 12 video visits, phone calls, and recorded books) 13 may be used but shall not be the sole method 14 to promote a meaningful relationship for pur15 poses of the grant. 16 ‘‘(C) Enhanced visitation programs shall— 17 ‘‘(i) integrate best practices for visita18 tion programs with incarcerated parents 19 and their children; 20 ‘‘(ii) adopt developmentally appro21 priate visitation policies and procedures 22 such as those described in paragraph 23 (1)(B); 24 ‘‘(iii) reduce or eliminate the cost of 25 developmentally appropriate communicaVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00621 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 622. 622 1 tion and visitation for the covered foster 2 child, which may include the purchase of 3 communication technology, covering trans4 portation, insurance, and lodging costs, 5 costs related to providing appropriate visi6 tation spaces and activities, and other rel7 evant costs; 8 ‘‘(iv) to the extent practicable, inte9 grate appropriate parenting education to 10 help prepare and process visits; and 11 ‘‘(v) avoid restricting visitation and 12 communication as a punishment for the in13 carcerated parents. 14 ‘‘(3) TRAINING.—Grantees shall incorporate on15 going training for child welfare workers, correctional 16 facility staff, and other program providers to under17 stand the importance of promoting meaningful rela18 tionships between children and incarcerated parents. 19 ‘‘(4) CASE MANAGEMENT.—Grantees shall pro20 vide case management services for the incarcerated 21 parents of a covered foster child to promote the rela22 tionship, access to services, and coordination with 23 the caseworkers of the covered foster child to 24 strengthen the relationship. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00622 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 623. 623 1 ‘‘(5) LEGAL ASSISTANCE.—Grantees shall facili2 tate access to necessary legal services and may use 3 grant funds for services that are not reimbursable 4 under other Federal programs. 5 ‘‘(e) FEDERAL SHARE.—The Federal share of the 6 cost of any activity carried out using a grant made under 7 this section shall be not greater than 75 percent. 8 ‘‘(f) TECHNICAL ASSISTANCE, EVALUATIONS, AND 9 REPORTS.— 10 ‘‘(1) TECHNICAL ASSISTANCE.—The Secretary 11 shall provide technical assistance with respect to 12 grants under this section, including by— 13 ‘‘(A) assisting grantees in understanding 14 best practices in promoting meaningful relation15 ships between incarcerated parents and their 16 children as well as consulting with appropriate 17 stakeholders when developing their programs; 18 ‘‘(B) assisting grantees with establishing 19 and analyzing implementation and performance 20 indicators; and 21 ‘‘(C) conducting an annual technical assist22 ance and training meeting and an annual grant23 ee meeting so that grantees can learn from the 24 experiences of other grantees. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00623 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 624. 624 1 ‘‘(2) EVALUATIONS.—The Secretary shall con2 duct an evaluation of program outcomes, including 3 with respect to parent and child well-being, parent4 child interactions, parental involvement, awareness 5 of child development and parenting practices, place6 ment stability, and termination of parental rights 7 with respect to covered foster children and incarcer8 ated parents, to measure program effectiveness, as 9 determined by the Secretary, and identify opportuni10 ties for improved program practices and implemen11 tation. 12 ‘‘(3) REPORTS TO THE CONGRESS.— 13 ‘‘(A) INITIAL REPORT.—Not later than 3 14 years after the date of the enactment of this 15 section, the Secretary shall submit to the Com16 mittee on Ways and Means of the House of 17 Representatives and the Committee on Finance 18 of the Senate a report that includes— 19 ‘‘(i) the number of applications for 20 grants under this section; 21 ‘‘(ii) the number of grants awarded, 22 and the amounts for each grant; and 23 ‘‘(iii) information on the grants, in24 cluding— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00624 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 625. 625 1 ‘‘(I) interim results of the evalua2 tion described in paragraph (2); 3 ‘‘(II) disaggregated data on cov4 ered foster children and incarcerated 5 parents; 6 ‘‘(III) information on the com7 position of eligible State partnerships; 8 ‘‘(IV) best practices for facili9 tating meaningful relationships be10 tween covered foster children and in11 carcerated parents; and 12 ‘‘(V) barriers to implementation 13 or expansion of programs funded 14 under this section. 15 ‘‘(B) FINAL REPORT.—Not later than 6 16 years after the date of the enactment of this 17 section, the Secretary shall submit to the Com18 mittee on Ways and Means of the House of 19 Representatives and the Committee on Finance 20 of the Senate a report that includes— 21 ‘‘(i) the final results of the evaluation 22 described in paragraph (2); and 23 ‘‘(ii) recommendations for refinements 24 to grant requirements to improve program 25 outcomes. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00625 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 626. 626 1 ‘‘(g) AUTHORITY OF SECRETARY WITH RESPECT TO 2 INDIAN TRIBES AND TRIBAL ORGANIZATIONS.— 3 ‘‘(1) WAIVER OR MODIFICATION OF REQUIRE4 MENTS.—In making a grant to an Indian tribe or 5 tribal organization under this section, the Secretary 6 may waive the matching requirement of subsection 7 (e) or modify an application requirement imposed by 8 or under subsection (c) if the Secretary determines 9 that the waiver or modification is appropriate to the 10 needs, culture, and circumstances of the Indian tribe 11 or tribal organization. 12 ‘‘(2) EVALUATION.—The Secretary shall use 13 tribally relevant data in carrying out the evaluation 14 under subsection (f)(2) with respect to an Indian 15 tribe or tribal organization. 16 ‘‘(h) LIMITATIONS ON AUTHORIZATION OF APPRO17 PRIATIONS.—There is authorized to be appropriated to the 18 Secretary not more than $35,000,000 for each of fiscal 19 years 2026 through 2029 to carry out this section. 20 ‘‘(i) DEFINITION OF COVERED FOSTER CHILD.—In 21 this section, the term ‘covered foster child’ means a child 22 that— 23 ‘‘(1) is in foster care; and 24 ‘‘(2) has at least 1 parent incarcerated in a 25 Federal, State, or local correctional facility.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00626 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 627. 627 1 (b) CONFORMING AMENDMENTS.— 2 (1) Section 431(a)(2)(B)(vii) (42 U.S.C. 3 629a(a)(2)(B)(vii)) is amended by striking ‘‘(as de4 fined in section 439(b)(2))’’. 5 (2) Section 431(a) (42 U.S.C. 629a(a)), as 6 amended by sections 316(b)(2) and 320(a)(4) of this 7 part, is amended by adding at the end the following: 8 ‘‘(12) MENTORING.—The term ‘mentoring’ 9 means a structured, managed program in which chil10 dren are appropriately matched with screened and 11 trained adult volunteers for one on-one relationships, 12 involving meetings and activities on a regular basis, 13 intended to meet, in part, the child’s need for in14 volvement with a caring and supportive adult who 15 provides a positive role model.’’. 16 SEC. 323. GUIDANCE TO STATES ON IMPROVING DATA COL17 LECTION AND REPORTING FOR YOUTH IN 18 RESIDENTIAL TREATMENT PROGRAMS. 19 Within 2 years after the date of the enactment of this 20 Act, the Secretary of Health and Human Services, in con21 sultation with the Department of Education, the Adminis22 tration for Children and Families, the Centers for Medi23 care and Medicaid Services, the Administration for Com24 munity Living, the Department of Justice, and other rel25 evant policy experts, as determined by the Secretary, shall VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00627 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 628. 628 1 issue and disseminate, or update and revise, as applicable, 2 guidance to State agencies in administering State plans 3 approved under parts B and E of title IV of the Social 4 Security Act on the following: 5 (1) Best practices for Federal and State agen6 cies to collect data and share information related to 7 the well-being of youth residing in residential treat8 ment facilities, including those facilities operating in 9 multiple States or serving out-of-state youth. 10 (2) Best practices on improving State collection 11 and sharing of data related to incidences of mal12 treatment of youth residing in residential treatment 13 facilities, including with respect to meeting the re14 quirement of section 471(a)(9)(A) of such Act for 15 such youth in foster care. 16 (3) Best practices on improving oversight of 17 youth residential programs receiving Federal fund18 ing, and research-based strategies for risk assess19 ment related to the health, safety, and well-being of 20 youth in the facilities. 21 SEC. 324. STREAMLINING RESEARCH, TRAINING, AND 22 TECHNICAL ASSISTANCE FUNDING. 23 (a) REPURPOSING DISCRETIONARY RESEARCH SET24 ASIDE.—Section 435(c) (42 U.S.C. 629e(c)) is amended 25 to read as follows: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00628 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 629. 629 1 ‘‘(c) EVALUATION, RESEARCH, AND TECHNICAL AS2 SISTANCE WITH RESPECT TO TARGETED PROGRAM RE3 SOURCES.—Of the amount reserved under section 4 437(b)(1) for a fiscal year, the Secretary shall use not less 5 than— 6 ‘‘(1) $1,000,000 for technical assistance to 7 grantees under section 437(f) and to support design 8 of local site evaluations with the goal of publishing 9 and submitting evaluation findings to the clearing10 house established under section 476(d), or to award 11 grants to allow current or former grantees under 12 section 437(f) to analyze, publish, and submit to the 13 clearinghouse data collected during past grants; and 14 ‘‘(2) $1,000,000 for technical assistance re15 quired under section 429B of this Act to support ef16 fective implementation of the Indian Child Welfare 17 Act of 1978 and to support development of associ18 ated State plan measures described pursuant to sec19 tion 422(b)(9) of this Act.’’. 20 (b) ELIMINATION OF RESEARCH SET-ASIDE FROM 21 MANDATORY FUNDS.— 22 (1) IN GENERAL.—Section 436(b) (42 U.S.C. 23 629f(b)), as amended by the preceding provisions of 24 this Act, is amended by striking paragraph (1) and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00629 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 630. 630 1 redesignating paragraphs (2) through (5) as para2 graphs (1) through (4), respectively. 3 (2) CONFORMING AMENDMENTS.— 4 (A) Section 433(a) (42 U.S.C. 629c(a)) is 5 amended by striking ‘‘436(b)(3)’’ and inserting 6 ‘‘436(b)(2)’’. 7 (B) Section 433(e) (42 U.S.C. 629c(e)), as 8 amended by section 322(b) of this part, is 9 amended by striking ‘‘436(b)(4)(A)’’ and insert10 ing ‘‘436(b)(3)(A)’’ each place it appears. 11 (C) Section 434(a)(2)(A) (42 U.S.C. 12 629d(a)(2)(A)) is amended by striking 13 ‘‘436(b)(4)(B)’’ and inserting ‘‘436(b)(3)(B)’’. 14 (D) Section 437(b)(1) (42 U.S.C. 15 629g(b)(1)) is amended by striking ‘‘436(b)(1)’’ 16 and inserting ‘‘435’’. 17 (E) Section 437(f)(3) (42 U.S.C. 18 629g(f)(3)) is amended by striking ‘‘436(b)(5)’’ 19 and inserting ‘‘436(b)(4)’’. 20 (F) Section 438(c) (42 U.S.C. 629g(c)) is 21 amended in each of paragraphs (1) through (3) 22 is amended by striking ‘‘436(b)(2)’’ and insert23 ing ‘‘436(b)(1)’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00630 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 631. 631 1 SEC. 325. REPORT ON POST ADOPTION AND SUBSIDIZED 2 GUARDIANSHIP SERVICES. 3 (a) IN GENERAL.—Within 2 years after the date of 4 the enactment of this Act, the Secretary of Health and 5 Human Services shall prepare and submit to the Com6 mittee on Ways and Means of the House of Representa7 tives and the Committee on Finance of the Senate a report 8 on children who enter into foster care under the super9 vision of a State administering a plan approved under part 10 B or E of title IV of the Social Security Act after finaliza11 tion of an adoption or legal guardianship. 12 (b) INFORMATION.—The Secretary shall include in 13 the report information, to the extent available through the 14 Adoption and Foster Care Analysis and Reporting System 15 and other data sources, regarding the incidence of adop16 tion disruption and dissolution affecting children described 17 in subsection (a) and factors associated with such cir18 cumstances, including— 19 (1) whether affected individuals received pre- or 20 post-legal adoption services; and 21 (2) other relevant information, such as the age 22 of the child involved. 23 (c) POST-ADOPTION SERVICES AND GUARDIAN24 SHIP.—The Secretary shall include in the report— 25 (1) a summary of post-adoption services and 26 guardianship in each State that are available to famVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00631 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 632. 632 1 ilies that adopted children from foster care and the 2 extent to which the services are evidence-based or 3 evidence-informed. 4 (2) a summary of funding and funding sources 5 for the services in each State, including set-asides 6 under the Promoting Safe and Stable Families pro7 gram. 8 SEC. 326. EFFECTIVE DATE. 9 (a) IN GENERAL.—The amendments made by this 10 part shall take effect on October 1, 2025, and shall apply 11 to payments under part B of title IV of the Social Security 12 Act for calendar quarters beginning on or after such date. 13 (b) DELAY PERMITTED IF STATE LEGISLATION RE14 QUIRED.—If the Secretary of Health and Human Services 15 determines that State legislation (other than legislation 16 appropriating funds) is required in order for a State plan 17 developed pursuant to part B of title IV of the Social Se18 curity Act to meet the additional requirements imposed 19 by the amendments made by this part, the plan shall not 20 be regarded as failing to meet any of the additional re21 quirements before the 1st day of the 1st calendar quarter 22 beginning after the first regular session of the State legis23 lature that begins after the date of the enactment of this 24 Act. For purposes of the preceding sentence, if the State 25 has a 2-year legislative session, each year of the session VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00632 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 633. 633 1 is deemed to be a separate regular session of the State 2 legislature. 3 (c) APPLICATION TO PROGRAMS OPERATED BY IN4 DIAN TRIBAL ORGANIZATIONS.—In the case of an Indian 5 tribe, tribal organization, or tribal consortium that the 6 Secretary of Health and Human Services determines re7 quires time to take action necessary to comply with the 8 additional requirements imposed by the amendments made 9 by this part (whether the tribe, organization, or tribal con10 sortium has a plan under section 479B of the Social Secu11 rity Act or a cooperative agreement or contract entered 12 into with a State), the Secretary shall provide the tribe, 13 organization, or tribal consortium with such additional 14 time as the Secretary determines is necessary for the tribe, 15 organization, or tribal consortium to take the action to 16 comply with the additional requirements before being re17 garded as failing to comply with the requirements. 18 PART 2—STRENGTHENING STATE AND TRIBAL 19 CHILD SUPPORT 20 SEC. 331. SHORT TITLE. 21 This part may be cited as the ‘‘Strengthening State 22 and Tribal Child Support Enforcement Act’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00633 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 634. 634 1 SEC. 332. IMPROVING THE EFFECTIVENESS OF TRIBAL 2 CHILD SUPPORT ENFORCEMENT AGENCIES. 3 (a) IMPROVING THE COLLECTION OF PAST-DUE 4 CHILD SUPPORT THROUGH STATE AND TRIBAL PARITY 5 IN THE ALLOWABLE USE OF TAX INFORMATION.— 6 (1) AMENDMENT TO THE SOCIAL SECURITY 7 ACT.—Section 464 of the Social Security Act (42 8 U.S.C. 664) is amended by adding at the end the 9 following: 10 ‘‘(d) APPLICABILITY TO INDIAN TRIBES AND TRIBAL 11 ORGANIZATIONS RECEIVING A GRANT UNDER THIS 12 PART.—This section, except for the requirement to dis13 tribute amounts in accordance with section 457, shall 14 apply to an Indian tribe or tribal organization receiving 15 a grant under section 455(f) in the same manner in which 16 this section applies to a State with a plan approved under 17 this part.’’. 18 (2) AMENDMENTS TO THE INTERNAL REVENUE 19 CODE.— 20 (A) Section 6103(a)(2) of the Internal 21 Revenue Code of 1986 is amended by striking 22 ‘‘any local child support enforcement agency’’ 23 and inserting ‘‘any tribal or local child support 24 enforcement agency’’. 25 (B) Section 6103(a)(3) of such Code is 26 amended by inserting ‘‘, (8)’’ after ‘‘(6)’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00634 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 635. 635 1 (C) Section 6103(l) of such Code is 2 amended— 3 (i) in paragraph (6)— 4 (I) by striking ‘‘or local’’ in sub5 paragraph (A) and inserting ‘‘tribal, 6 or local’’; 7 (II) by striking ‘‘AND LOCAL’’ in 8 the heading thereof and inserting 9 ‘‘TRIBAL, AND LOCAL’’; 10 (III) by striking ‘‘The following’’ 11 in subparagraph (B) and inserting 12 ‘‘The’’; 13 (IV) by striking the colon and all 14 that follows in subparagraph (B) and 15 inserting a period; and 16 (V) by adding at the end the fol17 lowing: 18 ‘‘(D) STATE, TRIBAL, OR LOCAL CHILD 19 SUPPORT ENFORCEMENT AGENCY.—For pur20 poses of this paragraph, the following shall be 21 treated as a State, tribal, or local child support 22 enforcement agency: 23 ‘‘(i) Any agency of a State or political 24 subdivision thereof operating pursuant to a 25 plan described in section 454 of the Social VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00635 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 636. 636 1 Security Act which has been approved by 2 the Secretary of Health and Human Serv3 ices under part D of title IV of such Act. 4 ‘‘(ii) Any child support enforcement 5 agency of an Indian tribe or tribal organi6 zation receiving a grant under section 7 455(f) of the Social Security Act.’’; 8 (ii) in paragraph (8)— 9 (I) in subparagraph (A), by strik10 ing ‘‘or State or local’’ and inserting 11 ‘‘, State, tribal, or local’’; 12 (II) in subparagraph (B), by 13 striking ‘‘enforced pursuant to a plan 14 described’’ and all that follows 15 through ‘‘of such Act’’ and inserting 16 ‘‘enforced pursuant to the provisions 17 of part D of title IV of the Social Se18 curity Act’’; 19 (III) by adding at the end of sub20 paragraph (B) the following: ‘‘The in21 formation disclosed to any child sup22 port enforcement agency under sub23 paragraph (A) with respect to any in24 dividual with respect to whom child 25 support obligations are sought to be VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00636 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 637. 637 1 established or enforced may be dis2 closed by such agency to any agent of 3 such agency which is under contract 4 with such agency for purposes of, and 5 to the extent necessary in, estab6 lishing and collecting child support 7 obligations from, and locating, individ8 uals owing such obligations.’’; 9 (IV) by striking subparagraph 10 (C) and inserting the following: 11 ‘‘(C) STATE, TRIBAL, OR LOCAL CHILD 12 SUPPORT ENFORCEMENT AGENCY.—For pur13 poses of this paragraph, the term ‘State, tribal, 14 or local child support enforcement agency’ has 15 the same meaning as when used in paragraph 16 (6)(D).’’; and 17 (V) by striking ‘‘AND LOCAL’’ in 18 the heading thereof and inserting 19 ‘‘TRIBAL, AND LOCAL’’; and 20 (iii) in paragraph (10)(B), by adding 21 at the end the following new clause: 22 ‘‘(iii) The information disclosed to any 23 child support enforcement agency under 24 subparagraph (A) with respect to any indi25 vidual with respect to whom child support VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00637 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 638. 638 1 obligations are sought to be established or 2 enforced may be disclosed by such agency 3 to any agent of such agency which is under 4 contract with such agency for purposes of, 5 and to the extent necessary in, establishing 6 and collecting child support obligations 7 from, and locating, individuals owing such 8 obligations.’’. 9 (D) Section 6103(p)(4) of such Code is 10 amended— 11 (i) by striking ‘‘subsection (l)(10), 12 (13)(A), (13)(B), (13)(C), (13)(D)(i), (16), 13 (18), (19), or (20), or any entity’’ in the 14 matter preceding subparagraph (A) and in15 serting ‘‘subsection (l)(6), (8), (10), 16 (13)(A), (13)(B), (13)(C), (13)(D)(i), (16), 17 (18), (19), or (20), or any Indian tribe or 18 tribal organization receiving a grant under 19 section 455(f) of the Social Security Act, 20 or any entity’’; 21 (ii) by striking ‘‘subsection (l)(10)’’ in 22 subparagraph (F)(i) and inserting ‘‘sub23 section (l)(6), (8), (10)’’; 24 (iii) by striking ‘‘subsection (l)(10), 25 (13)(A), (13)(B), (13)(C), (13)(D)(i), (16), VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00638 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 639. 639 1 (18), (19), or (20) or any entity’’ each 2 place it appears in the matter following 3 subparagraph (F)(iii) and inserting ‘‘sub4 section (l)(6), (8), (10), (13)(A), (13)(B), 5 (13)(C), (13)(D)(i), (16), (18), (19), or 6 (20), or any Indian tribe or tribal organi7 zation receiving a grant under section 8 455(f) of the Social Security Act, or any 9 entity’’; and 10 (iv) by inserting ‘‘, (8)’’ after ‘‘para11 graph (6)(A)’’ in the matter following sub12 paragraph (F)(iii). 13 (E) Section 6103(p)(9) of such Code is 14 amended by striking ‘‘or local’’ and inserting 15 ‘‘tribal, or local’’. 16 (F) Section 6402(c) of such Code is 17 amended by adding at the end the following: 18 ‘‘For purposes of this subsection, any reference 19 to a State shall include a reference to any In20 dian tribe or tribal organization receiving a 21 grant under section 455(f) of the Social Secu22 rity Act.’’. 23 (b) REIMBURSEMENT FOR REPORTS.—Section 24 453(g) of the Social Security Act (42 U.S.C. 653(g)) is 25 amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00639 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 640. 640 1 (1) in the subsection heading, by striking 2 ‘‘STATE’’; and 3 (2) by striking ‘‘and State’’ and inserting ‘‘, 4 State, and tribal’’. 5 (c) TECHNICAL AMENDMENTS.—Paragraphs (7) and 6 (33) of section 454 of the Social Security Act (42 U.S.C. 7 654) are each amended by striking ‘‘450b’’ and inserting 8 ‘‘5304’’. 9 Subtitle B—Other Matters 10 SEC. 341. SEXUAL RISK AVOIDANCE EDUCATION EXTEN11 SION. 12 Section 510 of the Social Security Act (42 U.S.C. 13 710) is amended— 14 (1) in subsection (a)— 15 (A) in paragraph (1)— 16 (i) by striking ‘‘and for the period’’ 17 and inserting ‘‘for the period’’; 18 (ii) by striking ‘‘December 31, 2024’’ 19 and inserting ‘‘September 30, 2025’’; 20 (iii) by inserting ‘‘and for the period 21 beginning on October 1, 2025, and ending 22 on December 31, 2025,’’ before ‘‘allot to 23 each State’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00640 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 641. 641 1 (iv) by striking ‘‘for fiscal year 2024 2 or 2025’’ and inserting ‘‘for fiscal year 3 2024, 2025, or 2026’’; and 4 (B) in paragraph (2), by striking ‘‘or 5 2025’’ each place it appears and inserting ‘‘, 6 2025, or 2026’’; and 7 (2) in subsection (f)(1)— 8 (A) by striking ‘‘and for the period’’ and 9 inserting ‘‘for the period’’; 10 (B) by striking ‘‘December 31, 2024’’ and 11 inserting ‘‘September 30, 2025’’; and 12 (C) by inserting ‘‘, and for the period be13 ginning on October 1, 2025, and ending on De14 cember 31, 2025, an amount equal to the pro 15 rata portion of the amount appropriated for the 16 corresponding period for fiscal year 2025’’ after 17 ‘‘corresponding period for fiscal year 2024’’. 18 SEC. 342. PERSONAL RESPONSIBILITY EDUCATION EXTEN19 SION. 20 Section 513 of the Social Security Act (42 U.S.C. 21 713) is amended— 22 (1) in subsection (a)(1)— 23 (A) in subparagraph (A), in the matter 24 preceding clause (i)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00641 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 642. 642 1 (i) by striking ‘‘and for the period’’ 2 and inserting ‘‘for the period’’; 3 (ii) by striking ‘‘December 31, 2024’’ 4 and inserting ‘‘September 30, 2025’’; and 5 (iii) by inserting ‘‘and for the period 6 beginning on October 1, 2025, and ending 7 on December 31, 2025,’’ before ‘‘the Sec8 retary shall allot’’; and 9 (B) in subparagraph (B)(i)— 10 (i) by striking ‘‘and for the period’’ 11 and inserting ‘‘for the period’’; 12 (ii) by striking ‘‘December 31, 2024’’ 13 and inserting ‘‘September 30, 2025’’; and 14 (iii) by inserting ‘‘, and for the period 15 beginning on October 1, 2025, and ending 16 on December 31, 2025’’ before the period; 17 (2) in subsection (c)(3), by striking ‘‘fiscal year 18 2024 or 2025’’ and inserting ‘‘fiscal year 2024, 19 2025, or 2026’’; and 20 (3) in subsection (f)— 21 (A) by striking ‘‘and for the period’’ and 22 inserting ‘‘for the period’’; 23 (B) by striking ‘‘December 31, 2024’’ and 24 inserting ‘‘September 30, 2025’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00642 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 643. 643 1 (C) by inserting ‘‘, and for the period be2 ginning on October 1, 2025, and ending on De3 cember 31, 2025, an amount equal to the pro 4 rata portion of the amount appropriated for the 5 corresponding period for fiscal year 2025’’ after 6 ‘‘corresponding period for fiscal year 2024’’. 7 SEC. 343. EXTENSION OF FUNDING FOR FAMILY-TO-FAMILY 8 HEALTH INFORMATION CENTERS. 9 Section 501(c)(1)(A)(viii) of the Social Security Act 10 (42 U.S.C. 701(c)(1)(A)(viii)) is amended— 11 (1) by striking ‘‘$1,500,000’’ and inserting 12 ‘‘$7,500,000’’; and 13 (2) by striking ‘‘for the portion of fiscal year 14 2025 before January 1, 2025’’ and inserting ‘‘for 15 the period beginning on October 1, 2024, and ending 16 on December 31, 2025’’. 17 TITLE IV—PUBLIC HEALTH 18 EXTENDERS 19 Subtitle A—Extensions 20 SEC. 401. EXTENSION FOR COMMUNITY HEALTH CENTERS, 21 NATIONAL HEALTH SERVICE CORPS, AND 22 TEACHING HEALTH CENTERS THAT OPERATE 23 GME PROGRAMS. 24 (a) EXTENSION FOR COMMUNITY HEALTH CEN25 TERS.—Section 10503(b)(1) of the Patient Protection and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00643 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 644. 644 1 Affordable Care Act (42 U.S.C. 254b–2(b)(1)) is amend2 ed— 3 (1) in subparagraph (E), by striking ‘‘and’’ at 4 the end; 5 (2) in subparagraph (F), by striking ‘‘, 6 $4,000,000,000 for each of fiscal years 2019 7 through 2023’’ and all that follows through ‘‘and 8 ending on December 31, 2024; and’’ and inserting 9 a semicolon; and 10 (3) by adding at the end the following: 11 ‘‘(G) $4,000,000,000 for each of fiscal 12 years 2019 through 2023; 13 ‘‘(H) $526,027,397 for the period begin14 ning on October 1, 2023, and ending on No15 vember 17, 2023, $690,410,959 for the period 16 beginning on November 18, 2023, and ending 17 on January 19, 2024, $536,986,301 for the pe18 riod beginning on January 20, 2024, and end19 ing on March 8, 2024, and $3,592,328,767 for 20 the period beginning on October 1, 2023, and 21 ending on December 31, 2024; 22 ‘‘(I) $3,365,753,425 for the period begin23 ning on January 1, 2025, and ending on Sep24 tember 30, 2025; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00644 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 645. 645 1 ‘‘(J) $4,600,000,000 for fiscal year 2026; 2 and’’. 3 (b) EXTENSION FOR THE NATIONAL HEALTH SERV4 ICE CORPS.—Section 10503(b)(2) of the Patient Protec5 tion and Affordable Care Act (42 U.S.C. 254b–2(b)(2)) 6 is amended— 7 (1) in subparagraph (H), by striking ‘‘and’’ at 8 the end; 9 (2) in subparagraph (I), by striking the period 10 at the end and inserting a semicolon; and 11 (3) by adding at the end the following: 12 ‘‘(J) $261,780,822 for the period begin13 ning on January 1, 2025, and ending on Sep14 tember 30, 2025; and 15 ‘‘(K) $350,000,000 for fiscal year 2026.’’. 16 (c) TEACHING HEALTH CENTERS THAT OPERATE 17 GRADUATE MEDICAL EDUCATION PROGRAMS.—Section 18 340H(g)(1) of the Public Health Service Act (42 U.S.C. 19 256h(g)(1)) is amended— 20 (1) by striking ‘‘not to exceed $230,000,000’’ 21 and all that follows through ‘‘and ending on Decem22 ber 31, 2024,’’; and 23 (2) by striking the period at the end and insert24 ing the following: ‘‘, not to exceed— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00645 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 646. 646 1 ‘‘(A) $230,000,000, for the period of fiscal 2 years 2011 through 2015; 3 ‘‘(B) $60,000,000 for each of fiscal years 4 2016 and 2017; 5 ‘‘(C) $126,500,000 for each of fiscal years 6 2018 through 2023; 7 ‘‘(D) $16,635,616 for the period beginning 8 on October 1, 2023, and ending on November 9 17, 2023, $21,834,247 for the period beginning 10 on November 18, 2023, and ending on January 11 19, 2024, $16,982,192 for the period beginning 12 on January 20, 2024, and ending on March 8, 13 2024, and $164,136,986 for the period begin14 ning on October 1, 2023, and ending on De15 cember 31, 2024; 16 ‘‘(E) $156,000,000 for the period begin17 ning on January 1, 2025, and ending on Sep18 tember 30, 2025; 19 ‘‘(F) $225,000,000 for fiscal year 2026; 20 ‘‘(G) $250,000,000 for fiscal year 2027; 21 ‘‘(H) $275,000,000 for fiscal year 2028; 22 and 23 ‘‘(I) $300,000,000 for fiscal year 2029.’’. 24 (d) APPLICATION OF PROVISIONS.—Amounts appro25 priated pursuant to the amendments made by this section VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00646 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 647. 647 1 shall be subject to the requirements contained in Public 2 Law 117–328 for funds for programs authorized under 3 sections 330 through 340 of the Public Health Service Act 4 (42 U.S.C. 254b et seq.). 5 (e) CONFORMING AMENDMENTS.—Section 3014(h) 6 of title 18, United States Code, is amended— 7 (1) in paragraph (1), by striking ‘‘under sub8 paragraphs (E) and (F) of section 10503(b)(1) of 9 the Patient Protection and Affordable Care Act (42 10 U.S.C. 254b–2(b)(1))’’ and inserting ‘‘under section 11 10503(b)(1) of the Patient Protection and Afford12 able Care Act (42 U.S.C. 254b–2(b)(1)) for fiscal 13 year 2015 and each subsequent fiscal year (or period 14 thereof)’’; and 15 (2) in paragraph (4), by striking ‘‘and section 16 101(d) of the Consolidated Appropriations Act, 17 2024’’ and inserting ‘‘section 101(d) of the Consoli18 dated Appropriations Act, 2024, and section 401 of 19 the Health Improvements, Extenders, and Reauthor20 izations Act’’. 21 SEC. 402. EXTENSION OF SPECIAL DIABETES PROGRAMS. 22 (a) EXTENSION OF SPECIAL DIABETES PROGRAMS 23 FOR TYPE I DIABETES.—Section 330B(b)(2) of the Pub24 lic Health Service Act (42 U.S.C. 254c–2(b)(2)) is amend25 ed— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00647 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 648. 648 1 (1) in subparagraph (D), by striking ‘‘and’’ at 2 the end; 3 (2) in subparagraph (E), by striking the period 4 at the end and inserting a semicolon; and 5 (3) by adding at the end the following: 6 ‘‘(F) $149,589,041 for the period begin7 ning on January 1, 2025, and ending on Sep8 tember 30, 2025, to remain available until ex9 pended; and 10 ‘‘(G) $200,000,000 for fiscal year 2026, to 11 remain available until expended.’’. 12 (b) EXTENDING FUNDING FOR SPECIAL DIABETES 13 PROGRAMS FOR INDIANS.—Section 330C(c)(2) of the 14 Public Health Service Act (42 U.S.C. 254c–3(c)(2)) is 15 amended— 16 (1) in subparagraph (D), by striking ‘‘and’’ at 17 the end; 18 (2) in subparagraph (E), by striking the period 19 at the end and inserting a semicolon; and 20 (3) by adding at the end the following: 21 ‘‘(F) $149,589,041 for the period begin22 ning on January 1, 2025, and ending on Sep23 tember 30, 2025, to remain available until ex24 pended; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00648 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 649. 649 1 ‘‘(G) $200,000,000 for fiscal year 2026, to 2 remain available until expended.’’. 3 Subtitle B—World Trade Center 4 Health Program 5 SEC. 411. 9/11 RESPONDER AND SURVIVOR HEALTH FUND6 ING CORRECTIONS. 7 (a) IN GENERAL.—Section 3351(a)(2)(A) of the 8 Public Health Service Act (42 U.S.C. 300mm– 9 61(a)(2)(A)) is amended— 10 (1) in clause (x), by striking ‘‘; and’’ and insert11 ing a semicolon; 12 (2) by redesignating clause (xi) as clause (xii); 13 and 14 (3) by inserting after clause (x), the following: 15 ‘‘(xi) for each of fiscal years 2026 16 through 2040— 17 ‘‘(I) the amount determined 18 under this subparagraph for the pre19 vious fiscal year multiplied by 1.05; 20 multiplied by 21 ‘‘(II) the ratio of— 22 ‘‘(aa) the total number of 23 individuals enrolled in the WTC 24 Program on July 1 of such pre25 vious fiscal year; to VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00649 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 650. 650 1 ‘‘(bb) the total number of 2 individuals so enrolled on July 1 3 of the fiscal year prior to such 4 previous fiscal year; and’’. 5 (b) REPORT TO CONGRESS.— 6 (1) IN GENERAL.—Not later than 3 years after 7 the date of enactment of this Act, the Secretary of 8 Health and Human Services (referred to in this sub9 section as the ‘‘Secretary’’) shall conduct an assess10 ment of anticipated budget authority and outlays of 11 the World Trade Center Health Program (referred 12 to in this subsection as the ‘‘Program’’) through the 13 duration of the Program and submit a report sum14 marizing such assessment to— 15 (A) the Speaker and minority leader of the 16 House of Representatives; 17 (B) the majority and minority leaders of 18 the Senate; 19 (C) the Committee on Health, Education, 20 Labor, and Pensions and Committee on the 21 Budget of the Senate; and 22 (D) the Committee on Energy and Com23 merce and the Committee on the Budget of the 24 House of Representatives. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00650 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 651. 651 1 (2) INCLUSIONS.—The report required under 2 paragraph (1) shall include— 3 (A) a projection of Program budgetary 4 needs on a per-fiscal year basis through fiscal 5 year 2090; 6 (B) a review of Program modeling for each 7 of fiscal years 2017 through the fiscal year 8 prior to the fiscal year in which the report is 9 issued to assess how anticipated budgetary 10 needs compared to actual expenditures; 11 (C) an assessment of the projected budget 12 authority and expenditures of the Program 13 through fiscal year 2090 by comparing— 14 (i) such projected authority and ex15 penditures resulting from application of 16 section 3351(a)(2)(A) of the Public Health 17 Service Act (42 U.S.C. 300mm– 18 61(a)(2)(A)), as amended by subsection 19 (a); and 20 (ii) such projected authority and ex21 penditures that would result if such section 22 were amended so that the formula under 23 clause (xi) of such section, as amended by 24 subsection (a), were to be extended 25 through fiscal year 2090; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00651 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 652. 652 1 (D) any recommendations of the Secretary 2 to make changes to the formula under such sec3 tion 3351(a)(2)(A), as so amended, to fully off4 set anticipated Program expenditures through 5 fiscal year 2090. 6 (c) TECHNICAL AMENDMENTS.—Title XXXIII of the 7 Public Health Service Act (42 U.S.C. 300mm et seq.) is 8 amended— 9 (1) in section 3352(d) (42 U.S.C. 300mm– 10 62(d)), by striking ‘‘Any amounts’’ and inserting 11 ‘‘Any unobligated amounts’’; 12 (2) in section 3353(d) (42 U.S.C. 300mm– 13 63(d)), by striking ‘‘Any amounts’’ and inserting 14 ‘‘Any unobligated amounts’’; and 15 (3) in section 3354(d) (42 U.S.C. 300mm– 16 64(d)), by striking ‘‘Any amounts’’ and inserting 17 ‘‘Any unobligated amounts’’. 18 TITLE V—SUPPORT ACT 19 REAUTHORIZATION 20 SEC. 501. SHORT TITLE. 21 This title may be cited as the ‘‘SUPPORT for Pa22 tients and Communities Reauthorization Act of 2024’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00652 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 653. 653 1 Subtitle A—Prevention 2 SEC. 511. PRENATAL AND POSTNATAL HEALTH. 3 Section 317L(d) of the Public Health Service Act (42 4 U.S.C. 247b–13(d)) is amended by striking ‘‘such sums 5 as may be necessary for each of the fiscal years 2019 6 through 2023’’ and inserting ‘‘$4,250,000 for each of fis7 cal years 2025 through 2029’’. 8 SEC. 512. MONITORING AND EDUCATION REGARDING IN9 FECTIONS ASSOCIATED WITH ILLICIT DRUG 10 USE AND OTHER RISK FACTORS. 11 Section 317N(d) of the Public Health Service Act (42 12 U.S.C. 247b–15(d)) is amended by striking ‘‘fiscal years 13 2019 through 2023’’ and inserting ‘‘fiscal years 2025 14 through 2029’’. 15 SEC. 513. PREVENTING OVERDOSES OF CONTROLLED SUB16 STANCES. 17 (a) IN GENERAL.—Section 392A of the Public 18 Health Service Act (42 U.S.C. 280b–1) is amended— 19 (1) in subsection (a)(2)— 20 (A) in subparagraph (C), by inserting ‘‘and 21 associated risks’’ before the period at the end; 22 and 23 (B) in subparagraph (D), by striking 24 ‘‘opioids’’ and inserting ‘‘substances causing 25 overdose’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00653 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 654. 654 1 (2) in subsection (b)(2)— 2 (A) in subparagraph (B), by inserting ‘‘, 3 and associated risk factors,’’ after ‘‘such 4 overdoses’’; 5 (B) in subparagraph (C), by striking ‘‘cod6 ing’’ and inserting ‘‘monitoring and identi7 fying’’; 8 (C) in subparagraph (E)— 9 (i) by inserting a comma after ‘‘public 10 health laboratories’’; and 11 (ii) by inserting ‘‘and other emerging 12 substances related’’ after ‘‘analogues’’; and 13 (D) in subparagraph (F), by inserting 14 ‘‘and associated risk factors’’ after ‘‘overdoses’’. 15 (b) ADDITIONAL GRANTS.—Section 392A(a)(3) of 16 the Public Health Service Act (42 U.S.C. 280b–1(a)(3)) 17 is amended— 18 (1) in the matter preceding subparagraph (A), 19 by striking ‘‘and Indian Tribes—’’ and inserting 20 ‘‘and Indian Tribes for the following purposes:’’; 21 (2) by amending subparagraph (A) to read as 22 follows: 23 ‘‘(A) To carry out innovative projects for 24 grantees to detect, identify, and rapidly respond 25 to controlled substance misuse, abuse, and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00654 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 655. 655 1 overdoses, and associated risk factors, including 2 changes in patterns of such controlled sub3 stance use. Such projects may include the use 4 of innovative, evidence-based strategies for de5 tecting such patterns, such as wastewater sur6 veillance, if proven to support actionable pre7 vention strategies, in a manner consistent with 8 applicable Federal and State privacy laws.’’; 9 and 10 (3) in subparagraph (B), by striking ‘‘for any’’ 11 and inserting ‘‘For any’’. 12 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 13 392A(e) of the Public Health Service Act (42 U.S.C. 14 280b–1(e)) is amended by striking ‘‘$496,000,000 for 15 each of fiscal years 2019 through 2023’’ and inserting 16 ‘‘$505,579,000 for each of fiscal years 2025 through 17 2029’’. 18 SEC. 514. SUPPORT FOR INDIVIDUALS AND FAMILIES IM19 PACTED BY FETAL ALCOHOL SPECTRUM DIS20 ORDER. 21 (a) IN GENERAL.—Part O of title III of the Public 22 Health Service Act (42 U.S.C. 280f et seq.) is amended 23 to read as follows: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00655 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 656. 656 1 ‘‘PART O—FETAL ALCOHOL SYNDROME 2 PREVENTION AND SERVICES PROGRAM 3 ‘‘SEC. 399H. FETAL ALCOHOL SPECTRUM DISORDERS PRE4 VENTION, INTERVENTION, AND SERVICES DE5 LIVERY PROGRAM. 6 ‘‘(a) IN GENERAL.—The Secretary shall establish or 7 continue activities to support a comprehensive fetal alcohol 8 spectrum disorders (referred to in this section as ‘FASD’) 9 education, prevention, identification, intervention, and 10 services delivery program, which may include— 11 ‘‘(1) an education and public awareness pro12 gram to support, conduct, and evaluate the effective13 ness of— 14 ‘‘(A) educational programs targeting 15 health professions schools, social and other sup16 portive services, educators and counselors and 17 other service providers in all phases of child18 hood development, and other relevant service 19 providers, concerning the prevention, identifica20 tion, and provision of services for infants, chil21 dren, adolescents and adults with FASD; 22 ‘‘(B) strategies to educate school-age chil23 dren, including pregnant and high-risk youth, 24 concerning FASD; 25 ‘‘(C) public and community awareness pro26 grams concerning FASD; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00656 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 657. 657 1 ‘‘(D) strategies to coordinate information 2 and services across affected community agen3 cies, including agencies providing social services 4 such as foster care, adoption, and social work, 5 agencies providing health services, and agencies 6 involved in education, vocational training and 7 civil and criminal justice; 8 ‘‘(2) supporting and conducting research on 9 FASD, as appropriate, including to— 10 ‘‘(A) develop appropriate medical diag11 nostic methods for identifying FASD; and 12 ‘‘(B) develop effective culturally and lin13 guistically appropriate evidence-based or evi14 dence-informed interventions and appropriate 15 supports for preventing prenatal alcohol expo16 sure, which may co-occur with exposure to other 17 substances; 18 ‘‘(3) building State and Tribal capacity for the 19 identification, treatment, and support of individuals 20 with FASD and their families, which may include— 21 ‘‘(A) utilizing and adapting existing Fed22 eral, State, or Tribal programs to include 23 FASD identification and FASD-informed sup24 port; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00657 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 658. 658 1 ‘‘(B) developing and expanding screening 2 and diagnostic capacity for FASD; 3 ‘‘(C) developing, implementing, and evalu4 ating targeted FASD-informed intervention 5 programs for FASD; 6 ‘‘(D) providing training with respect to 7 FASD for professionals across relevant sectors; 8 and 9 ‘‘(E) disseminating information about 10 FASD and support services to affected individ11 uals and their families; and 12 ‘‘(4) an applied research program concerning 13 intervention and prevention to support and conduct 14 service demonstration projects, clinical studies and 15 other research models providing advocacy, edu16 cational and vocational training, counseling, medical 17 and mental health, and other supportive services, as 18 well as models that integrate and coordinate such 19 services, that are aimed at the unique challenges fac20 ing individuals with Fetal Alcohol Syndrome or 21 Fetal Alcohol Effect and their families. 22 ‘‘(b) GRANTS AND TECHNICAL ASSISTANCE.— 23 ‘‘(1) IN GENERAL.—The Secretary may award 24 grants, cooperative agreements and contracts and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00658 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 659. 659 1 provide technical assistance to eligible entities to 2 carry out subsection (a). 3 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re4 ceive a grant, or enter into a cooperative agreement 5 or contract, under this section, an entity shall— 6 ‘‘(A) be a State, Indian Tribe or Tribal or7 ganization, local government, scientific or aca8 demic institution, or nonprofit organization; 9 and 10 ‘‘(B) prepare and submit to the Secretary 11 an application at such time, in such manner, 12 and containing such information as the Sec13 retary may require, including a description of 14 the activities that the entity intends to carry 15 out using amounts received under this section. 16 ‘‘(3) ADDITIONAL APPLICATION CONTENTS.— 17 The Secretary may require that an eligible entity in18 clude in the application submitted under paragraph 19 (2)(B)— 20 ‘‘(A) a designation of an individual to 21 serve as a FASD State or Tribal coordinator of 22 activities such eligible entity proposes to carry 23 out through a grant, cooperative agreement, or 24 contract under this section; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 660. 660 1 ‘‘(B) a description of an advisory com2 mittee the entity will establish to provide guid3 ance for the entity on developing and imple4 menting a statewide or Tribal strategic plan to 5 prevent FASD and provide for the identifica6 tion, treatment, and support of individuals with 7 FASD and their families. 8 ‘‘(c) DEFINITION OF FASD-INFORMED.—For pur9 poses of this section, the term ‘FASD-informed’, with re10 spect to support or an intervention program, means that 11 such support or intervention program uses culturally and 12 linguistically informed evidence-based or practice-based 13 interventions and appropriate resources to support an im14 proved quality of life for an individual with FASD and 15 the family of such individual. 16 ‘‘SEC. 399I. STRENGTHENING CAPACITY AND EDUCATION 17 FOR FETAL ALCOHOL SPECTRUM DIS18 ORDERS. 19 ‘‘(a) IN GENERAL.—The Secretary shall award 20 grants, contracts, or cooperative agreements, as the Sec21 retary determines appropriate, to public or nonprofit pri22 vate entities with demonstrated expertise in the field of 23 fetal alcohol spectrum disorders (referred to in this section 24 as ‘FASD’). Such awards shall be for the purposes of 25 building local, Tribal, State, and nationwide capacities to VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00660 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 661. 661 1 prevent the occurrence of FASD by carrying out the pro2 grams described in subsection (b). 3 ‘‘(b) PROGRAMS.—An entity receiving an award 4 under subsection (a) may use such award for the following 5 purposes: 6 ‘‘(1) Developing and supporting public edu7 cation and outreach activities to raise public aware8 ness of the risks associated with alcohol consumption 9 during pregnancy. 10 ‘‘(2) Acting as a clearinghouse for evidence11 based resources on FASD prevention, identification, 12 and culturally and linguistically appropriate best 13 practices to help inform systems of care for individ14 uals with FASD across their lifespan. 15 ‘‘(3) Increasing awareness and understanding 16 of efficacious, evidence-based screening tools and 17 culturally and linguistically appropriate evidence18 based intervention services and best practices, which 19 may include improving the capacity for State, Trib20 al, and local affiliates. 21 ‘‘(4) Providing technical assistance to recipients 22 of grants, cooperative agreements, or contracts 23 under section 399H, as appropriate. 24 ‘‘(c) APPLICATION.—To be eligible for a grant, con25 tract, or cooperative agreement under this section, an entiVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00661 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 662. 662 1 ty shall submit to the Secretary an application at such 2 time, in such manner, and containing such information as 3 the Secretary may require. 4 ‘‘(d) SUBCONTRACTING.—A public or private non5 profit entity may carry out the following activities required 6 under this section through contracts or cooperative agree7 ments with other public and private nonprofit entities with 8 demonstrated expertise in FASD: 9 ‘‘(1) Resource development and dissemination. 10 ‘‘(2) Intervention services. 11 ‘‘(3) Training and technical assistance. 12 ‘‘SEC. 399J. AUTHORIZATION OF APPROPRIATIONS. 13 ‘‘There are authorized to be appropriated to carry out 14 this part $12,500,000 for each of fiscal years 2025 15 through 2029.’’. 16 (b) REPORT.—Not later than 4 years after the date 17 of enactment of this Act, and every year thereafter, the 18 Secretary of Health and Human Services shall prepare 19 and submit to the Committee on Health, Education, 20 Labor, and Pensions of the Senate and the Committee on 21 Energy and Commerce of the House of Representatives 22 a report containing— 23 (1) a review of the activities carried out pursu24 ant to sections 399H and 399I of the Public Health 25 Service Act, as amended, to advance public eduVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00662 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 663. 663 1 cation and awareness of fetal alcohol spectrum dis2 orders (referred to in this section as ‘‘FASD’’); 3 (2) a description of— 4 (A) the activities carried out pursuant to 5 such sections 399H and 399I to identify, pre6 vent, and treat FASD; and 7 (B) methods used to evaluate the outcomes 8 of such activities; and 9 (3) an assessment of activities carried out pur10 suant to such sections 399H and 399I to support in11 dividuals with FASD. 12 SEC. 515. PROMOTING STATE CHOICE IN PDMP SYSTEMS. 13 Section 399O(h) of the Public Health Service Act (42 14 U.S.C. 280g–3(h)) is amended by adding at the end the 15 following: 16 ‘‘(5) PROMOTING STATE CHOICE.—Nothing in 17 this section shall be construed to authorize the Sec18 retary to require States to use a specific vendor or 19 a specific interoperability connection other than to 20 align with nationally recognized, consensus-based 21 open standards, such as in accordance with sections 22 3001 and 3004.’’. 23 SEC. 516. FIRST RESPONDER TRAINING PROGRAM. 24 Section 546 of the Public Health Service Act (42 25 U.S.C. 290ee–1) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00663 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 664. 664 1 (1) in subsection (a), by striking ‘‘tribes and 2 tribal’’ and inserting ‘‘Tribes and Tribal’’; 3 (2) in subsections (a), (c), and (d)— 4 (A) by striking ‘‘approved or cleared’’ each 5 place it appears and inserting ‘‘approved, 6 cleared, or otherwise legally marketed’’; and 7 (B) by striking ‘‘opioid’’ each place it ap8 pears; 9 (3) in subsection (f)— 10 (A) by striking ‘‘approved or cleared’’ each 11 place it appears and inserting ‘‘approved, 12 cleared, or otherwise legally marketed’’; 13 (B) in paragraph (1), by striking ‘‘opioid’’; 14 (C) in paragraph (2)— 15 (i) by striking ‘‘opioid and heroin’’ 16 and inserting ‘‘opioid, heroin, and other 17 drug’’; and 18 (ii) by striking ‘‘opioid overdose’’ and 19 inserting ‘‘overdose’’; and 20 (D) in paragraph (3), by striking ‘‘opioid 21 and heroin’’; and 22 (4) in subsection (h), by striking ‘‘$36,000,000 23 for each of fiscal years 2019 through 2023’’ and in24 serting ‘‘$56,000,000 for each of fiscal years 2025 25 through 2029’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00664 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 665. 665 1 SEC. 517. DONALD J. COHEN NATIONAL CHILD TRAUMATIC 2 STRESS INITIATIVE. 3 (a) TECHNICAL AMENDMENT.—The second part G of 4 title V of the Public Health Service Act (42 U.S.C. 290kk 5 et seq.), as added by section 144 of the Community Re6 newal Tax Relief Act (Public Law 106–554), is amend7 ed— 8 (1) by redesignating such part as part J; and 9 (2) by redesignating sections 581 through 584 10 as sections 596 through 596C, respectively. 11 (b) IN GENERAL.—Section 582 of the Public Health 12 Service Act (42 U.S.C. 290hh–1) is amended— 13 (1) in the section heading, by striking ‘‘VIO14 LENCE RELATED STRESS’’ and inserting ‘‘TRAU15 MATIC EVENTS’’; 16 (2) in subsection (a)— 17 (A) in the matter preceding paragraph (1), 18 by striking ‘‘tribes and tribal’’ and inserting 19 ‘‘Tribes and Tribal’’; and 20 (B) in paragraph (2), by inserting ‘‘and 21 dissemination’’ after ‘‘the development’’; 22 (3) in subsection (b), by inserting ‘‘and dissemi23 nation’’ after ‘‘the development’’; 24 (4) in subsection (d)— 25 (A) by striking ‘‘The NCTSI’’ and insert26 ing the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00665 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 666. 666 1 ‘‘(1) COORDINATING CENTER.—The NCTSI’’; 2 and 3 (B) by adding at the end the following: 4 ‘‘(2) NCTSI GRANTEES.—In carrying out sub5 section (a)(2), NCTSI grantees shall develop 6 trainings and other resources, as applicable and ap7 propriate, to support implementation of the evi8 dence-based practices developed and disseminated 9 under such subsection.’’; 10 (5) in subsection (e)— 11 (A) by redesignating paragraphs (1) and 12 (2) as subparagraphs (A) and (B), respectively, 13 and adjusting the margins accordingly; 14 (B) in subparagraph (A), as so redesig15 nated, by inserting ‘‘and implementation’’ after 16 ‘‘the dissemination’’; 17 (C) by striking ‘‘The NCTSI’’ and insert18 ing the following: 19 ‘‘(1) COORDINATING CENTER.—The NCTSI’’; 20 and 21 (D) by adding at the end the following: 22 ‘‘(2) NCTSI GRANTEES.—NCTSI grantees shall, 23 as appropriate, collaborate with other such grantees, 24 the NCTSI coordinating center, and the Secretary in 25 carrying out subsections (a)(2) and (d)(2).’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00666 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 667. 667 1 (6) by amending subsection (h) to read as fol2 lows: 3 ‘‘(h) APPLICATION AND EVALUATION.—To be eligible 4 to receive a grant, contract, or cooperative agreement 5 under subsection (a), a public or nonprofit private entity 6 or an Indian Tribe or Tribal organization shall submit to 7 the Secretary an application at such time, in such manner, 8 and containing such information and assurances as the 9 Secretary may require, including— 10 ‘‘(1) a plan for the evaluation of the activities 11 funded under the grant, contract, or agreement, in12 cluding both process and outcomes evaluation, and 13 the submission of an evaluation at the end of the 14 project period; and 15 ‘‘(2) a description of how such entity, Indian 16 Tribe, or Tribal organization will support efforts led 17 by the Secretary or the NCTSI coordinating center, 18 as applicable, to evaluate activities carried out under 19 this section.’’; and 20 (7) by amending subsection (j) to read as fol21 lows: 22 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 23 is authorized to be appropriated to carry out this section— 24 ‘‘(1) $93,887,000 for fiscal year 2025; 25 ‘‘(2) $95,000,000 for fiscal year 2026; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00667 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 668. 668 1 ‘‘(3) $97,000,000 for fiscal year 2027; 2 ‘‘(4) $100,000,000 for fiscal year 2028; and 3 ‘‘(5) $100,000,000 for fiscal year 2029.’’. 4 SEC. 518. PROTECTING SUICIDE PREVENTION LIFELINE 5 FROM CYBERSECURITY INCIDENTS. 6 (a) NATIONAL SUICIDE PREVENTION LIFELINE PRO7 GRAM.—Section 520E–3(b) of the Public Health Service 8 Act (42 U.S.C. 290bb–36c(b)) is amended— 9 (1) in paragraph (4), by striking ‘‘and’’ at the 10 end; 11 (2) in paragraph (5), by striking the period at 12 the end and inserting ‘‘; and’’; and 13 (3) by adding at the end the following: 14 ‘‘(6) taking such steps as may be necessary to 15 ensure the suicide prevention hotline is protected 16 from cybersecurity incidents and eliminates known 17 cybersecurity vulnerabilities.’’. 18 (b) REPORTING.—Section 520E–3 of the Public 19 Health Service Act (42 U.S.C. 290bb–36c) is amended— 20 (1) by redesignating subsection (f) as sub21 section (g); and 22 (2) by inserting after subsection (e) the fol23 lowing: 24 ‘‘(f) CYBERSECURITY REPORTING.— 25 ‘‘(1) NOTIFICATION.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00668 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 669. 669 1 ‘‘(A) IN GENERAL.—The program’s net2 work administrator receiving Federal funding 3 pursuant to subsection (a) shall report to the 4 Assistant Secretary, in a manner that protects 5 personal privacy, consistent with applicable 6 Federal and State privacy laws— 7 ‘‘(i) any identified cybersecurity 8 vulnerabilities to the program within a rea9 sonable amount of time after identification 10 of such a vulnerability; and 11 ‘‘(ii) any identified cybersecurity inci12 dents to the program within a reasonable 13 amount of time after identification of such 14 incident. 15 ‘‘(B) LOCAL AND REGIONAL CRISIS CEN16 TERS.—Local and regional crisis centers par17 ticipating in the program shall report to the 18 program’s network administrator identified 19 under subparagraph (A), in a manner that pro20 tects personal privacy, consistent with applica21 ble Federal and State privacy laws— 22 ‘‘(i) any identified cybersecurity 23 vulnerabilities to the program within a rea24 sonable amount of time after identification 25 of such vulnerability; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00669 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 670. 670 1 ‘‘(ii) any identified cybersecurity inci2 dents to the program within a reasonable 3 amount of time after identification of such 4 incident. 5 ‘‘(2) NOTIFICATION.—If the program’s network 6 administrator receiving funding pursuant to sub7 section (a) discovers, or is informed by a local or re8 gional crisis center pursuant to paragraph (1)(B) of, 9 a cybersecurity vulnerability or incident, within a 10 reasonable amount of time after such discovery or 11 receipt of information, such entity shall report the 12 vulnerability or incident to the Assistant Secretary. 13 ‘‘(3) CLARIFICATION.— 14 ‘‘(A) OVERSIGHT.— 15 ‘‘(i) LOCAL AND REGIONAL CRISIS 16 CENTERS.—Except as provided in clause 17 (ii), local and regional crisis centers par18 ticipating in the program shall oversee all 19 technology each center employs in the pro20 vision of services as a participant in the 21 program. 22 ‘‘(ii) NETWORK ADMINISTRATOR.— 23 The program’s network administrator re24 ceiving Federal funding pursuant to sub25 section (a) shall oversee the technology VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00670 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 671. 671 1 each crisis center employs in the provision 2 of services as a participant in the program 3 if such oversight responsibilities are estab4 lished in the applicable network participa5 tion agreement. 6 ‘‘(B) SUPPLEMENT, NOT SUPPLANT.—The 7 cybersecurity incident reporting requirements 8 under this subsection shall supplement, and not 9 supplant, cybersecurity incident reporting re10 quirements under other provisions of applicable 11 Federal law that are in effect on the date of the 12 enactment of the SUPPORT for Patients and 13 Communities Reauthorization Act of 2024.’’. 14 (c) STUDY.—Not later than 180 days after the date 15 of the enactment of this Act, the Comptroller General of 16 the United States shall— 17 (1) conduct and complete a study that evaluates 18 cybersecurity risks and vulnerabilities associated 19 with the 9–8–8 National Suicide Prevention Lifeline; 20 and 21 (2) submit a report on the findings of such 22 study to the Committee on Health, Education, 23 Labor, and Pensions of the Senate and the Com24 mittee on Energy and Commerce of the House of 25 Representatives. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00671 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 672. 672 1 SEC. 519. BRUCE’S LAW. 2 (a) YOUTH PREVENTION AND RECOVERY.—Section 3 7102(c) of the SUPPORT for Patients and Communities 4 Act (42 U.S.C. 290bb–7a(c)) is amended— 5 (1) in paragraph (3)(A)(i), by inserting ‘‘, 6 which may include strategies to increase education 7 and awareness of the potency and dangers of syn8 thetic opioids (including drugs contaminated with 9 fentanyl) and, as appropriate, other emerging drug 10 use or misuse issues’’ before the semicolon; and 11 (2) in paragraph (4)(A), by inserting ‘‘and 12 strategies to increase education and awareness of 13 the potency and dangers of synthetic opioids (includ14 ing drugs contaminated with fentanyl) and, as ap15 propriate, emerging drug use or misuse issues’’ be16 fore the semicolon. 17 (b) INTERDEPARTMENTAL SUBSTANCE USE DIS18 ORDERS COORDINATING COMMITTEE.—Section 7022 of 19 the SUPPORT for Patients and Communities Act (42 20 U.S.C. 290aa note) is amended— 21 (1) by striking subsection (g) and inserting the 22 following: 23 ‘‘(g) WORKING GROUPS.— 24 ‘‘(1) IN GENERAL.—The Committee may estab25 lish working groups for purposes of carrying out the 26 duties described in subsection (e). Any such working VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00672 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 673. 673 1 group shall be composed of members of the Com2 mittee (or the designees of such members) and may 3 hold such meetings as are necessary to carry out the 4 duties delegated to the working group. 5 ‘‘(2) ADDITIONAL FEDERAL INTERAGENCY 6 WORK GROUP ON FENTANYL CONTAMINATION OF IL7 LEGAL DRUGS.— 8 ‘‘(A) ESTABLISHMENT.—The Secretary, 9 acting through the Committee, shall establish a 10 Federal Interagency Work Group on Fentanyl 11 Contamination of Illegal Drugs (referred to in 12 this paragraph as the ‘Work Group’) consisting 13 of representatives from relevant Federal depart14 ments and agencies on the Committee. 15 ‘‘(B) CONSULTATION.—The Work Group 16 shall consult with relevant stakeholders and 17 subject matter experts, including— 18 ‘‘(i) State, Tribal, and local subject 19 matter experts in reducing, preventing, and 20 responding to drug overdose caused by 21 fentanyl contamination of illicit drugs; and 22 ‘‘(ii) family members of both adults 23 and youth who have overdosed by fentanyl 24 contaminated illicit drugs. 25 ‘‘(C) DUTIES.—The Work Group shall— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00673 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 674. 674 1 ‘‘(i) examine Federal efforts to reduce 2 and prevent drug overdose by fentanyl-con3 taminated illicit drugs; 4 ‘‘(ii) identify strategies to improve 5 State, Tribal, and local responses to over6 dose by fentanyl-contaminated illicit drugs; 7 ‘‘(iii) coordinate with the Secretary, as 8 appropriate, in carrying out activities to 9 raise public awareness of synthetic opioids 10 and other emerging drug use and misuse 11 issues; 12 ‘‘(iv) make recommendations to Con13 gress for improving Federal programs, in14 cluding with respect to the coordination of 15 efforts across such programs; and 16 ‘‘(v) make recommendations for edu17 cating youth on the potency and dangers of 18 drugs contaminated by fentanyl. 19 ‘‘(D) ANNUAL REPORT TO SECRETARY.— 20 The Work Group shall annually prepare and 21 submit to the Secretary, the Committee on 22 Health, Education, Labor, and Pensions of the 23 Senate, and the Committee on Energy and 24 Commerce and the Committee on Education 25 and the Workforce of the House of RepresentaVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00674 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 675. 675 1 tives, a report on the activities carried out by 2 the Work Group under subparagraph (C), in3 cluding recommendations to reduce and prevent 4 drug overdose by fentanyl contamination of ille5 gal drugs, in all populations, and specifically 6 among youth at risk for substance misuse.’’; 7 and 8 (2) by striking subsection (i) and inserting the 9 following: 10 ‘‘(i) SUNSET.—The Committee shall 11 terminate on September 30, 2029.’’. 12 SEC. 520. GUIDANCE ON AT-HOME DRUG DISPOSAL SYS13 TEMS. 14 (a) IN GENERAL.—Not later than one year after the 15 date of enactment of this Act, the Secretary of Health and 16 Human Services, in consultation with the Administrator 17 of the Drug Enforcement Administration, shall publish 18 guidance to facilitate the use of at-home safe disposal sys19 tems for applicable drugs. 20 (b) CONTENTS.—The guidance under subsection (a) 21 shall include— 22 (1) recommended standards for effective at23 home drug disposal systems to meet applicable re24 quirements enforced by the Food and Drug Adminis25 tration; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00675 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 676. 676 1 (2) recommended information to include as in2 structions for use to disseminate with at-home drug 3 disposal systems; 4 (3) best practices and educational tools to sup5 port the use of an at-home drug disposal system, as 6 appropriate; and 7 (4) recommended use of licensed health pro8 viders for the dissemination of education, instruc9 tion, and at-home drug disposal systems, as appro10 priate. 11 SEC. 521. ASSESSMENT OF OPIOID DRUGS AND ACTIONS. 12 (a) IN GENERAL.—Not later than one year after the 13 date of enactment of this Act, the Secretary of Health and 14 Human Services (referred to in this section as the ‘‘Sec15 retary’’) shall publish on the website of the Food and 16 Drug Administration (referred to in this section as the 17 ‘‘FDA’’) a report that outlines a plan for assessing opioid 18 analgesic drugs that are approved under section 505 of 19 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 20 355) that addresses the public health effects of such opioid 21 analgesic drugs as part of the benefit-risk assessment and 22 the activities of the FDA that relate to facilitating the de23 velopment of nonaddictive medical products intended to 24 treat pain or addiction. Such report shall include— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00676 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 677. 677 1 (1) an update on the actions taken by the FDA 2 to consider the effectiveness, safety, benefit-risk pro3 file, and use of approved opioid analgesic drugs; 4 (2) a timeline for an assessment of the potential 5 need, as appropriate, for labeling changes, revised or 6 additional postmarketing requirements, enforcement 7 actions, or withdrawals for opioid analgesic drugs; 8 (3) an overview of the steps that the FDA has 9 taken to support the development and approval of 10 nonaddictive medical products intended to treat pain 11 or addiction, and actions planned to further support 12 the development and approval of such products; and 13 (4) an overview of the consideration by the 14 FDA of clinical trial methodologies for analgesic 15 drugs, including the enriched enrollment randomized 16 withdrawal methodology, and the benefits and draw17 backs associated with different trial methodologies 18 for such drugs, incorporating any public input re19 ceived under subsection (b). 20 (b) PUBLIC INPUT.—In carrying out subsection (a), 21 the Secretary shall provide an opportunity for public input 22 concerning the regulation by the FDA of opioid analgesic 23 drugs, including scientific evidence that relates to condi24 tions of use, safety, or benefit-risk assessment (including VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00677 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 678. 678 1 consideration of the public health effects) of such opioid 2 analgesic drugs. 3 SEC. 522. GRANT PROGRAM FOR STATE AND TRIBAL RE4 SPONSE TO OPIOID USE DISORDERS. 5 The activities carried out pursuant to section 6 1003(b)(4)(A) of the 21st Century Cures Act (42 U.S.C. 7 290ee–3a(b)(4)(A)) may include facilitating access to 8 products used to prevent overdose deaths by detecting the 9 presence of one or more substances, such as fentanyl and 10 xylazine test strips, to the extent the purchase and posses11 sion of such products is consistent with Federal and State 12 law. 13 Subtitle B—Treatment 14 SEC. 531. RESIDENTIAL TREATMENT PROGRAM FOR PREG15 NANT AND POSTPARTUM WOMEN. 16 Section 508 of the Public Health Service Act (42 17 U.S.C. 290bb–1) is amended— 18 (1) in subsection (d)(11)(C), by striking ‘‘pro19 viding health services’’ and inserting ‘‘providing 20 health care services’’; 21 (2) in subsection (g)— 22 (A) by inserting ‘‘a plan describing’’ after 23 ‘‘will provide’’; and 24 (B) by adding at the end the following: 25 ‘‘Such plan may include a description of how VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00678 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 679. 679 1 such applicant will target outreach to women 2 disproportionately impacted by maternal sub3 stance use disorder.’’; and 4 (3) in subsection (s), by striking ‘‘$29,931,000 5 for each of fiscal years 2019 through 2023’’ and in6 serting ‘‘$38,931,000 for each of fiscal years 2025 7 through 2029’’. 8 SEC. 532. IMPROVING ACCESS TO ADDICTION MEDICINE 9 PROVIDERS. 10 Section 597 of the Public Health Service Act (42 11 U.S.C. 290ll) is amended— 12 (1) in subsection (a)(1), by inserting ‘‘diag13 nosis,’’ after ‘‘related to’’; and 14 (2) in subsection (b), by inserting ‘‘addiction 15 medicine,’’ after ‘‘psychiatry,’’. 16 SEC. 533. MENTAL AND BEHAVIORAL HEALTH EDUCATION 17 AND TRAINING GRANTS. 18 Section 756(f) of the Public Health Service Act (42 19 U.S.C. 294e–1(f)) is amended by striking ‘‘fiscal years 20 2023 through 2027’’ and inserting ‘‘fiscal years 2025 21 through 2029’’. 22 SEC. 534. LOAN REPAYMENT PROGRAM FOR SUBSTANCE 23 USE DISORDER TREATMENT WORKFORCE. 24 Section 781(j) of the Public Health Service Act (42 25 U.S.C. 295h(j)) is amended by striking ‘‘$25,000,000 for VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00679 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 680. 680 1 each of fiscal years 2019 through 2023’’ and inserting 2 ‘‘$40,000,000 for each of fiscal years 2025 through 3 2029’’. 4 SEC. 535. DEVELOPMENT AND DISSEMINATION OF MODEL 5 TRAINING PROGRAMS FOR SUBSTANCE USE 6 DISORDER PATIENT RECORDS. 7 Section 7053 of the SUPPORT for Patients and 8 Communities Act (42 U.S.C. 290dd–2 note) is amended 9 by striking subsection (e). 10 SEC. 536. TASK FORCE ON BEST PRACTICES FOR TRAUMA11 INFORMED IDENTIFICATION, REFERRAL, AND 12 SUPPORT. 13 Section 7132 of the SUPPORT for Patients and 14 Communities Act (Public Law 115–271; 132 Stat. 4046) 15 is amended— 16 (1) in subsection (b)(1)— 17 (A) by redesignating subparagraph (CC) as 18 subparagraph (DD); and 19 (B) by inserting after subparagraph (BB) 20 the following: 21 ‘‘(CC) The Administration for Community 22 Living.’’; 23 (2) in subsection (d)(1), in the matter pre24 ceding subparagraph (A), by inserting ‘‘, developVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00680 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 681. 681 1 mental disability service providers’’ before ‘‘, individ2 uals who are’’; and 3 (3) in subsection (i), by striking ‘‘2023’’ and in4 serting ‘‘2029’’. 5 SEC. 537. GRANTS TO ENHANCE ACCESS TO SUBSTANCE 6 USE DISORDER TREATMENT. 7 Section 3203 of the SUPPORT for Patients and 8 Communities Act (21 U.S.C. 823 note) is amended— 9 (1) by striking subsection (b); and 10 (2) by striking ‘‘(a) IN GENERAL.—The Sec11 retary’’ and inserting the following: ‘‘The Sec12 retary’’. 13 SEC. 538. STATE GUIDANCE RELATED TO INDIVIDUALS 14 WITH SERIOUS MENTAL ILLNESS AND CHIL15 DREN WITH SERIOUS EMOTIONAL DISTURB16 ANCE. 17 (a) REVIEW OF USE OF CERTAIN FUNDING.—Not 18 later than 1 year after the date of enactment of this Act, 19 the Secretary of Health and Human Services (referred to 20 in this section as the ‘‘Secretary’’), acting through the As21 sistant Secretary for Mental Health and Substance Use, 22 shall conduct a review of State use of funds made available 23 under the Community Mental Health Services Block 24 Grant program under subpart I of part B of title XIX 25 of the Public Health Service Act (42 U.S.C. 300x et seq.) VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00681 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 682. 682 1 (referred to in this section as the ‘‘block grant program’’) 2 for first episode psychosis activities. Such review shall con3 sider the following: 4 (1) How States use funds for evidence-based 5 treatments and services according to the standard of 6 care for individuals with early serious mental illness 7 and children with a serious emotional disturbance. 8 (2) The percentages of the State funding under 9 the block grant program expended on early serious 10 mental illness and first episode psychosis, and the 11 number of individuals served under such funds. 12 (b) REPORT AND GUIDANCE.— 13 (1) REPORT.—Not later than 180 days after 14 the completion of the review under subsection (a), 15 the Secretary shall submit to the Committee on 16 Health, Education, Labor, and Pensions and the 17 Committee on Appropriations of the Senate and the 18 Committee on Energy and Commerce and the Com19 mittee on Appropriations of the House of Represent20 atives a report describing— 21 (A) the findings of the review under sub22 section (a); and 23 (B) any recommendations for changes to 24 the block grant program that would facilitate 25 improved outcomes for individuals with serious VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00682 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 683. 683 1 mental illness and children with serious emo2 tional disturbance. 3 (2) GUIDANCE.—Not later than 1 year after 4 the date on which the report is submitted under 5 paragraph (1), the Secretary shall update the guid6 ance provided to States under the block grant pro7 gram on coordinated specialty care and other evi8 dence-based mental health care services for individ9 uals with serious mental illness and children with a 10 serious emotional disturbance, based on the findings 11 and recommendations of such report. 12 SEC. 539. REVIEWING THE SCHEDULING OF APPROVED 13 PRODUCTS CONTAINING A COMBINATION OF 14 BUPRENORPHINE AND NALOXONE. 15 (a) SECRETARY OF HHS.—The Secretary of Health 16 and Human Services shall, consistent with the require17 ments and procedures set forth in sections 201 and 202 18 of the Controlled Substances Act (21 U.S.C. 811, 812)— 19 (1) review the relevant data pertaining to the 20 scheduling of products containing a combination of 21 buprenorphine and naloxone that have been ap22 proved under section 505 of the Federal Food, 23 Drug, and Cosmetic Act (21 U.S.C. 355); and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00683 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 684. 684 1 (2) if appropriate, request that the Attorney 2 General initiate rulemaking proceedings to revise the 3 schedules accordingly with respect to such products. 4 (b) ATTORNEY GENERAL.—The Attorney General 5 shall review any request made by the Secretary of Health 6 and Human Services under subsection (a)(2) and deter7 mine whether to initiate proceedings to revise the sched8 ules in accordance with the criteria set forth in sections 9 201 and 202 of the Controlled Substances Act (21 U.S.C. 10 811, 812). 11 Subtitle C—Recovery 12 SEC. 541. BUILDING COMMUNITIES OF RECOVERY. 13 Section 547(f) of the Public Health Service Act (42 14 U.S.C. 290ee–2(f)) is amended by striking ‘‘$5,000,000 15 for each of fiscal years 2019 through 2023’’ and inserting 16 ‘‘$16,000,000 for each of fiscal years 2025 through 17 2029’’. 18 SEC. 542. PEER SUPPORT TECHNICAL ASSISTANCE CEN19 TER. 20 Section 547A of the Public Health Service Act (42 21 U.S.C. 290ee–2a) is amended— 22 (1) in subsection (b)(4), by striking ‘‘building; 23 and’’ and inserting the following: ‘‘building, such 24 as— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00684 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 685. 685 1 ‘‘(A) professional development of peer sup2 port specialists; and 3 ‘‘(B) making recovery support services 4 available in nonclinical settings; and’’; 5 (2) by redesignating subsections (d) and (e) as 6 subsections (e) and (f), respectively; 7 (3) by inserting after subsection (c) the fol8 lowing: 9 ‘‘(d) REGIONAL CENTERS.— 10 ‘‘(1) IN GENERAL.—The Secretary may estab11 lish one regional technical assistance center (referred 12 to in this subsection as the ‘Regional Center’), with 13 existing resources, to assist the Center in carrying 14 out activities described in subsection (b) within the 15 geographic region of such Regional Center in a man16 ner that is tailored to the needs of such region. 17 ‘‘(2) EVALUATION.—Not later than 4 years 18 after the date of enactment of the SUPPORT for 19 Patients and Communities Reauthorization Act of 20 2024, the Secretary shall evaluate the activities of 21 the Regional Center and submit to the Committee 22 on Health, Education, Labor, and Pensions of the 23 Senate and the Committee on Energy and Com24 merce of the House of Representatives a report on 25 the findings of such evaluation, including— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00685 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 686. 686 1 ‘‘(A) a description of the distinct roles and 2 responsibilities of the Regional Center and the 3 Center; 4 ‘‘(B) available information relating to the 5 outcomes of the Regional Center under this 6 subsection, such as any impact on the oper7 ations and efficiency of the Center relating to 8 requests for technical assistance and support 9 within the region of such Regional Center; 10 ‘‘(C) a description of any gaps or areas of 11 duplication relating to the activities of the Re12 gional Center and the Center within such re13 gion; and 14 ‘‘(D) recommendations relating to the 15 modification, expansion, or termination of the 16 Regional Center under this subsection. 17 ‘‘(3) TERMINATION.—This subsection shall ter18 minate on September 30, 2029.’’; and 19 (4) in subsection (f), as so redesignated, by 20 striking ‘‘$1,000,000 for each of fiscal years 2019 21 through 2023’’ and inserting ‘‘$2,000,000 for each 22 of fiscal years 2025 through 2029’’. 23 SEC. 543. COMPREHENSIVE OPIOID RECOVERY CENTERS. 24 Section 552 of the Public Health Service Act (42 25 U.S.C. 290ee–7) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00686 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 687. 687 1 (1) in subsection (d)(2)— 2 (A) in the matter preceding subparagraph 3 (A), by striking ‘‘and in such manner’’ and in4 serting ‘‘, in such manner, and containing such 5 information and assurances, including relevant 6 documentation,’’; and 7 (B) in subparagraph (A), by striking ‘‘is 8 capable of coordinating with other entities to 9 carry out’’ and inserting ‘‘has the demonstrated 10 capability to carry out, through referral or con11 tractual arrangements’’; 12 (2) in subsection (h)— 13 (A) by redesignating paragraphs (1) 14 through (4) as subparagraphs (A) through (D), 15 respectively, and adjusting the margins accord16 ingly; 17 (B) by striking ‘‘With respect to’’ and in18 serting the following: 19 ‘‘(1) IN GENERAL.—With respect to’’; and 20 (C) by adding at the end the following: 21 ‘‘(2) ADDITIONAL REPORTING FOR CERTAIN EL22 IGIBLE ENTITIES.—An entity carrying out activities 23 described in subsection (g) through referral or con24 tractual arrangements shall include in the submis25 sions required under paragraph (1) information reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00687 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 688. 688 1 lated to the status of such referrals or contractual 2 arrangements, including an assessment of whether 3 such referrals or contractual arrangements are sup4 porting the ability of such entity to carry out such 5 activities.’’; and 6 (3) in subsection (j), by striking ‘‘2019 through 7 2023’’ and inserting ‘‘2025 through 2029’’. 8 SEC. 544. YOUTH PREVENTION AND RECOVERY. 9 Section 7102(c) of the SUPPORT for Patients and 10 Communities Act (42 U.S.C. 290bb–7a(c)) (as amended 11 by section 110(a)) is amended— 12 (1) in paragraph (2)— 13 (A) in subparagraph (A)— 14 (i) in clause (i)— 15 (I) by inserting ‘‘, or a consor16 tium of local educational agencies,’’ 17 after ‘‘a local educational agency’’; 18 and 19 (II) by striking ‘‘high schools’’ 20 and inserting ‘‘secondary schools’’; 21 and 22 (ii) in clause (vi), by striking ‘‘tribe, 23 or tribal’’ and inserting ‘‘Tribe, or Tribal’’; 24 (B) by amending subparagraph (E) to read 25 as follows: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00688 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 689. 689 1 ‘‘(E) INDIAN TRIBE; TRIBAL ORGANIZA2 TION.—The terms ‘Indian Tribe’ and ‘Tribal 3 organization’ have the meanings given such 4 terms in section 4 of the Indian Self-Deter5 mination and Education Assistance Act (25 6 U.S.C. 5304).’’; 7 (C) by redesignating subparagraph (K) as 8 subparagraph (L); and 9 (D) by inserting after subparagraph (J) 10 the following: 11 ‘‘(K) SECONDARY SCHOOL.—The term 12 ‘secondary school’ has the meaning given such 13 term in section 8101 of the Elementary and 14 Secondary Education Act of 1965 (20 U.S.C. 15 7801).’’; 16 (2) in paragraph (3)(A), in the matter pre17 ceding clause (i)— 18 (A) by striking ‘‘and abuse’’; and 19 (B) by inserting ‘‘at increased risk for sub20 stance misuse’’ after ‘‘specific populations’’; 21 (3) in paragraph (4)— 22 (A) in the matter preceding subparagraph 23 (A), by striking ‘‘Indian tribes’’ and inserting 24 ‘‘Indian Tribes’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00689 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 690. 690 1 (B) in subparagraph (A), by striking ‘‘and 2 abuse’’; and 3 (C) in subparagraph (B), by striking ‘‘peer 4 mentoring’’ and inserting ‘‘peer-to-peer sup5 port’’; 6 (4) in paragraph (5), by striking ‘‘tribal’’ and 7 inserting ‘‘Tribal’’; 8 (5) in paragraph (6)(A)— 9 (A) in clause (iv), by striking ‘‘; and’’ and 10 inserting a semicolon; and 11 (B) by adding at the end the following: 12 ‘‘(vi) a plan to sustain the activities 13 carried out under the grant program, after 14 the grant program has ended; and’’; 15 (6) in paragraph (8), by striking ‘‘2022’’ and 16 inserting ‘‘2027’’; and 17 (7) by amending paragraph (9) to read as fol18 lows: 19 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— 20 To carry out this subsection, there are authorized to 21 be appropriated— 22 ‘‘(A) $10,000,000 for fiscal year 2025; 23 ‘‘(B) $12,000,000 for fiscal year 2026; 24 ‘‘(C) $13,000,000 for fiscal year 2027; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00690 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 691. 691 1 ‘‘(D) $14,000,000 for fiscal year 2028; 2 and 3 ‘‘(E) $15,000,000 for fiscal year 2029.’’. 4 SEC. 545. CAREER ACT. 5 (a) IN GENERAL.—Section 7183 of the SUPPORT 6 for Patients and Communities Act (42 U.S.C. 290ee–8) 7 is amended— 8 (1) in the section heading, by inserting ‘‘; 9 TREATMENT, RECOVERY, AND WORKFORCE 10 SUPPORT GRANTS’’ after ‘‘CAREER ACT’’; 11 (2) in subsection (b), by inserting ‘‘each’’ before 12 ‘‘for a period’’; 13 (3) in subsection (c)— 14 (A) in paragraph (1), by striking ‘‘the 15 rates described in paragraph (2)’’ and inserting 16 ‘‘the average rates for calendar years 2018 17 through 2022 described in paragraph (2)’’; and 18 (B) by amending paragraph (2) to read as 19 follows: 20 ‘‘(2) RATES.—The rates described in this para21 graph are the following: 22 ‘‘(A) The highest age-adjusted average 23 rates of drug overdose deaths for calendar years 24 2018 through 2022 based on data from the 25 Centers for Disease Control and Prevention, inVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00691 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 692. 692 1 cluding, if necessary, provisional data for cal2 endar year 2022. 3 ‘‘(B) The highest average rates of unem4 ployment for calendar years 2018 through 2022 5 based on data provided by the Bureau of Labor 6 Statistics. 7 ‘‘(C) The lowest average labor force par8 ticipation rates for calendar years 2018 through 9 2022 based on data provided by the Bureau of 10 Labor Statistics.’’; 11 (4) in subsection (g)— 12 (A) in each of paragraphs (1) and (3), by 13 redesignating subparagraphs (A) and (B) as 14 clauses (i) and (ii), respectively, and adjusting 15 the margins accordingly; 16 (B) by redesignating paragraphs (1) 17 through (3) as subparagraphs (A) through (C), 18 respectively, and adjusting the margins accord19 ingly; 20 (C) in the matter preceding subparagraph 21 (A) (as so redesignated), by striking ‘‘An enti22 ty’’ and inserting the following: 23 ‘‘(1) IN GENERAL.—An entity’’; and 24 (D) by adding at the end the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00692 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 693. 693 1 ‘‘(2) TRANSPORTATION SERVICES.—An entity 2 receiving a grant under this section may use not 3 more than 5 percent of the funds for providing 4 transportation for individuals to participate in an ac5 tivity supported by a grant under this section, which 6 transportation shall be to or from a place of work 7 or a place where the individual is receiving voca8 tional education or job training services or receiving 9 services directly linked to treatment of or recovery 10 from a substance use disorder. 11 ‘‘(3) LIMITATION.—The Secretary may not re12 quire an entity to, or give priority to an entity that 13 plans to, use the funds of a grant under this section 14 for activities that are not specified in this sub15 section.’’; 16 (5) in subsection (i)(2), by inserting ‘‘, which 17 shall include employment and earnings outcomes de18 scribed in subclauses (I) and (III) of section 19 116(b)(2)(A)(i) of the Workforce Innovation and 20 Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)) with 21 respect to the participation of such individuals with 22 a substance use disorder in programs and activities 23 funded by the grant under this section’’ after ‘‘sub24 section (g)’’; 25 (6) in subsection (j)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00693 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 694. 694 1 (A) in paragraph (1), by inserting ‘‘for 2 grants awarded prior to the date of enactment 3 of the SUPPORT for Patients and Commu4 nities Reauthorization Act of 2024’’ after 5 ‘‘grant period under this section’’; and 6 (B) in paragraph (2)— 7 (i) in the matter preceding subpara8 graph (A), by striking ‘‘2 years after sub9 mitting the preliminary report required 10 under paragraph (1)’’ and inserting ‘‘Sep11 tember 30, 2029’’; and 12 (ii) in subparagraph (A), by striking 13 ‘‘(g)(3)’’ and inserting ‘‘(g)(1)(C)’’; and 14 (7) in subsection (k), by striking ‘‘$5,000,000 15 for each of fiscal years 2019 through 2023’’ and in16 serting ‘‘$12,000,000 for each of fiscal years 2025 17 through 2029’’. 18 (b) REAUTHORIZATION OF THE CAREER ACT; RE19 COVERY HOUSING PILOT PROGRAM.— 20 (1) IN GENERAL.—Section 8071 of the SUP21 PORT for Patients and Communities Act (42 22 U.S.C. 5301 note; Public Law 115–271) is amend23 ed— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00694 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 695. 695 1 (A) by striking the section heading and in2 serting ‘‘CAREER ACT; RECOVERY HOUSING 3 PILOT PROGRAM’’; 4 (B) in subsection (a), by striking ‘‘through 5 2023’’ and inserting ‘‘through 2029’’; 6 (C) in subsection (b)— 7 (i) in paragraph (1), by striking ‘‘not 8 later than 60 days after the date of enact9 ment of this Act’’ and inserting ‘‘not later 10 than 60 days after the date of enactment 11 of the SUPPORT for Patients and Com12 munities Reauthorization Act of 2024’’; 13 and 14 (ii) in paragraph (2)(B)(i)— 15 (I) in subclause (I)— 16 (aa) by striking ‘‘for cal17 endar years 2013 through 2017’’; 18 and 19 (bb) by inserting ‘‘for cal20 endar years 2018 through 2022’’ 21 after ‘‘rates of unemployment’’; 22 (II) in subclause (II)— 23 (aa) by striking ‘‘for cal24 endar years 2013 through 2017’’; 25 and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00695 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 696. 696 1 (bb) by inserting ‘‘for cal2 endar years 2018 through 2022’’ 3 after ‘‘participation rates’’; and 4 (III) by striking subclause (III) 5 and inserting the following: 6 ‘‘(III) The highest age-adjusted 7 average rates of drug overdose deaths 8 for calendar years 2018 through 2022 9 based on data from the Centers for 10 Disease Control and Prevention, in11 cluding, if necessary, provisional data 12 for calendar year 2022.’’; and 13 (D) in subsection (f), by striking ‘‘For the 14 2-year period following the date of enactment of 15 this Act, the’’ and inserting ‘‘The’’. 16 (2) CONFORMING AMENDMENT.—Subtitle F of 17 title VIII of the SUPPORT for Patients and Com18 munities Act (Public Law 115–271; 132 Stat. 4095) 19 is amended by striking the subtitle heading and in20 serting the following: ‘‘Subtitle F—CAREER 21 Act; Recovery Housing Pilot Program’’ . 22 (c) CLERICAL AMENDMENTS.—The table of contents 23 in section 1(b) of the SUPPORT for Patients and Com24 munities Act (Public Law 115–271; 132 Stat. 3894) is 25 amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00696 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 697. 697 1 (1) by striking the item relating to section 7183 2 and inserting the following: ‘‘Sec. 7183. CAREER Act; treatment, recovery, and workforce support grants.’’; 3 (2) by striking the item relating to subtitle F 4 of title VIII and inserting the following: ‘‘Subtitle F—CAREER Act; Recovery Housing Pilot Program’’; and 5 (3) by striking the item relating to section 8071 6 and inserting the following: ‘‘Sec. 8071. CAREER Act; Recovery Housing Pilot Program.’’. 7 SEC. 546. ADDRESSING ECONOMIC AND WORKFORCE IM8 PACTS OF THE OPIOID CRISIS. 9 Section 8041(g)(1) of the SUPPORT for Patients 10 and Communities Act (29 U.S.C. 3225a(g)(1)) is amended 11 by striking ‘‘2023’’ and inserting ‘‘2029’’. 12 Subtitle D—Miscellaneous Matters 13 SEC. 551. DELIVERY OF A CONTROLLED SUBSTANCE BY A 14 PHARMACY TO A PRESCRIBING PRACTI15 TIONER. 16 Section 309A(a) of the Controlled Substances Act 17 (21 U.S.C. 829a(a)) is amended by striking paragraph (2) 18 and inserting the following: 19 ‘‘(2) the controlled substance is a drug in 20 schedule III, IV, or V to be administered— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00697 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 698. 698 1 ‘‘(A) by injection or implantation for the 2 purpose of maintenance or detoxification treat3 ment; or 4 ‘‘(B) subject to a risk evaluation and miti5 gation strategy pursuant to section 505–1 of 6 the Federal Food, Drug, and Cosmetic Act (21 7 U.S.C. 355–1) that includes elements to assure 8 safe use of the drug described in subsection 9 (f)(3)(E) of such section, including a require10 ment for post-administration monitoring by a 11 health care provider.’’. 12 SEC. 552. TECHNICAL CORRECTION ON CONTROLLED SUB13 STANCES DISPENSING. 14 Effective as if included in the enactment of Public 15 Law 117–328— 16 (1) section 1252(a) of division FF of Public 17 Law 117–328 (136 Stat. 5681) is amended, in the 18 matter being inserted into section 302(e) of the Con19 trolled Substances Act, by striking ‘‘303(g)’’ and in20 serting ‘‘303(h)’’; 21 (2) section 1262 of division FF of Public Law 22 117–328 (136 Stat. 5681) is amended— 23 (A) in subsection (a)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00698 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 699. 699 1 (i) in the matter preceding paragraph 2 (1), by striking ‘‘303(g)’’ and inserting 3 ‘‘303(h)’’; 4 (ii) in the matter being stricken by 5 subsection (a)(2), by striking ‘‘(g)(1)’’ and 6 inserting ‘‘(h)(1)’’; and 7 (iii) in the matter being inserted by 8 subsection (a)(2), by striking ‘‘(g) Practi9 tioners’’ and inserting ‘‘(h) Practitioners’’; 10 and 11 (B) in subsection (b)— 12 (i) in the matter being stricken by 13 paragraph (1), by striking ‘‘303(g)(1)’’ 14 and inserting ‘‘303(h)(1)’’; 15 (ii) in the matter being inserted by 16 paragraph (1), by striking ‘‘303(g)’’ and 17 inserting ‘‘303(h)’’; 18 (iii) in the matter being stricken by 19 paragraph (2)(A), by striking ‘‘303(g)(2)’’ 20 and inserting ‘‘303(h)(2)’’; 21 (iv) in the matter being stricken by 22 paragraph (3), by striking ‘‘303(g)(2)(B)’’ 23 and inserting ‘‘303(h)(2)(B)’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00699 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 700. 700 1 (v) in the matter being stricken by 2 paragraph (5), by striking ‘‘303(g)’’ and 3 inserting ‘‘303(h)’’; and 4 (vi) in the matter being stricken by 5 paragraph (6), by striking ‘‘303(g)’’ and 6 inserting ‘‘303(h)’’; and 7 (3) section 1263(b) of division FF of Public 8 Law 117–328 (136 Stat. 5685) is amended— 9 (A) by striking ‘‘303(g)(2)’’ and inserting 10 ‘‘303(h)(2)’’; and 11 (B) by striking ‘‘(21 U.S.C. 823(g)(2))’’ 12 and inserting ‘‘(21 U.S.C. 823(h)(2))’’. 13 SEC. 553. REQUIRED TRAINING FOR PRESCRIBERS OF CON14 TROLLED SUBSTANCES. 15 (a) IN GENERAL.—Section 303 of the Controlled 16 Substances Act (21 U.S.C. 823) is amended— 17 (1) by redesignating the second subsection des18 ignated as subsection (l) as subsection (m); and 19 (2) in subsection (m)(1), as so redesignated— 20 (A) in subparagraph (A)— 21 (i) in clause (iv)— 22 (I) in subclause (I)— 23 (aa) by inserting ‘‘the Amer24 ican Academy of Family Physi25 cians, the American Podiatric VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00700 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 701. 701 1 Medical Association, the Acad2 emy of General Dentistry, the 3 American Optometric Associa4 tion,’’ before ‘‘or any other orga5 nization’’; 6 (bb) by striking ‘‘or the 7 Commission’’ and inserting ‘‘the 8 Commission’’; and 9 (cc) by inserting ‘‘, or the 10 Council on Podiatric Medical 11 Education’’ before the semicolon 12 at the end; and 13 (II) in subclause (III), by insert14 ing ‘‘or the American Academy of 15 Family Physicians’’ after ‘‘Associa16 tion’’; and 17 (ii) in clause (v), in the matter pre18 ceding subclause (I)— 19 (I) by striking ‘‘osteopathic medi20 cine, dental surgery’’ and inserting 21 ‘‘osteopathic medicine, podiatric medi22 cine, dental surgery’’; and 23 (II) by striking ‘‘or dental medi24 cine curriculum’’ and inserting ‘‘or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00701 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 702. 702 1 dental or podiatric medicine cur2 riculum’’; and 3 (B) in subparagraph (B)— 4 (i) in clause (i)— 5 (I) by inserting ‘‘the American 6 Pharmacists Association, the Accredi7 tation Council on Pharmacy Edu8 cation, the American Psychiatric 9 Nurses Association, the American 10 Academy of Nursing, the American 11 Academy of Family Physicians,’’ be12 fore ‘‘or any other organization’’; and 13 (II) by inserting ‘‘, the American 14 Academy of Family Physicians,’’ be15 fore ‘‘or the Accreditation Council’’; 16 and 17 (ii) in clause (ii)— 18 (I) by striking ‘‘or accredited 19 school’’ and inserting ‘‘, an accredited 20 school’’; and 21 (II) by inserting ‘‘, or an accred22 ited school of pharmacy’’ before ‘‘in 23 the United States’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00702 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 703. 703 1 (b) EFFECTIVE DATE.—The amendment made by 2 subsection (a) shall take effect as if enacted on December 3 29, 2022. 4 SEC. 554. EXTENSION OF TEMPORARY ORDER FOR 5 FENTANYL-RELATED SUBSTANCES. 6 Effective as if included in the enactment of the Tem7 porary Reauthorization and Study of the Emergency 8 Scheduling of Fentanyl Analogues Act (Public Law 116– 9 114), section 2 of such Act is amended by striking ‘‘De10 cember 31, 2024’’ and inserting ‘‘September 30, 2026’’. 11 TITLE VI—PANDEMIC AND ALL12 HAZARDS PREPAREDNESS 13 AND RESPONSE 14 SEC. 601. SHORT TITLE. 15 This title may be cited as the ‘‘Pandemic and All16 Hazards Preparedness and Response Act’’. 17 Subtitle A—State and Local 18 Readiness and Response 19 SEC. 611. TEMPORARY REASSIGNMENT OF STATE AND 20 LOCAL PERSONNEL DURING A PUBLIC 21 HEALTH EMERGENCY. 22 Section 319(e) of the Public Health Service Act (42 23 U.S.C. 247d(e)) is amended— 24 (1) in paragraph (1), by striking ‘‘tribal organi25 zation or such Governor or tribal organization’s desVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00703 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 704. 704 1 ignee’’ and inserting ‘‘Tribal organization or the des2 ignee of the Governor or Tribal organization, or the 3 State or Tribal health official’’; 4 (2) in paragraph (2)(B)— 5 (A) in the matter preceding clause (i), by 6 striking ‘‘tribal organization’’ and inserting 7 ‘‘Tribal organization, or the State or Tribal 8 health official’’; and 9 (B) in clause (v), by striking ‘‘tribal orga10 nization’’ and inserting ‘‘Tribal organization or 11 State or Tribal health official’’; 12 (3) in paragraph (6)— 13 (A) in the matter preceding subparagraph 14 (A)— 15 (i) by striking ‘‘Reauthorization Act 16 of 2013’’ and inserting ‘‘and Response 17 Act’’; and 18 (ii) by striking ‘‘appropriate commit19 tees of the Congress’’ and inserting ‘‘Com20 mittee on Health, Education, Labor, and 21 Pensions of the Senate and the Committee 22 on Energy and Commerce of the House of 23 Representatives’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00704 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 705. 705 1 (B) in subparagraph (A), by inserting ‘‘, 2 including requests from State or Tribal health 3 officials’’ before the semicolon; 4 (4) in paragraph (7)(A), by striking ‘‘tribal or5 ganization’’ and inserting ‘‘Tribal organization’’; and 6 (5) in paragraph (8), by striking ‘‘December 7 31, 2024’’ and inserting ‘‘December 31, 2026’’. 8 SEC. 612. PUBLIC HEALTH EMERGENCY PREPAREDNESS 9 PROGRAM. 10 Section 319C–1 of the Public Health Service Act (42 11 U.S.C. 247d–3a) is amended— 12 (1) in subsection (b)(2)— 13 (A) in subparagraph (A)(ii), by striking 14 ‘‘influenza’’ and inserting ‘‘response planning’’; 15 and 16 (B) in subparagraph (H), by inserting ‘‘, 17 such as community-based organizations, includ18 ing faith-based organizations, and other public 19 and private entities’’ after ‘‘stakeholders’’; 20 (2) in subsection (g)— 21 (A) in paragraph (1), in the matter pre22 ceding subparagraph (A), by inserting ‘‘and the 23 ability of each entity receiving an award under 24 subsection (a) to respond to all-hazards VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00705 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 706. 706 1 threats’’ before the period at the end of the 2 first sentence; 3 (B) in paragraph (2)— 4 (i) in the paragraph heading, by strik5 ing ‘‘INFLUENZA’’ and inserting ‘‘RE6 SPONSE’’; and 7 (ii) in subparagraph (A)— 8 (I) by striking ‘‘to pandemic in9 fluenza’’ and inserting ‘‘to a pathogen 10 causing a pandemic, including pan11 demic influenza’’; and 12 (II) by striking ‘‘such pandemic 13 influenza’’ and inserting ‘‘such pan14 demic response’’; 15 (C) in paragraph (5)— 16 (i) in the paragraph heading, by strik17 ing ‘‘INFLUENZA’’ and inserting ‘‘PAN18 DEMIC RESPONSE’’; 19 (ii) in the matter preceding subpara20 graph (A), by striking ‘‘2019’’ and insert21 ing ‘‘2026’’; 22 (iii) in subparagraph (A), by striking 23 ‘‘2018’’ and inserting ‘‘2025’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00706 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 707. 707 1 (iv) in subparagraph (B), by striking 2 ‘‘pandemic influenza’’ and inserting ‘‘a 3 pathogen causing a pandemic’’; and 4 (D) in paragraph (6)— 5 (i) in subparagraph (A), in the matter 6 preceding clause (i), by striking ‘‘The 7 amounts described in this paragraph are 8 the following amounts that are payable to 9 an entity for activities described in this 10 section or section 319C–2’’ and inserting 11 ‘‘The Secretary shall withhold from an en12 tity pursuant to paragraph (5) for non13 compliance with the requirements of this 14 section or section 319C–2 as follows’’; and 15 (ii) in subparagraph (B), by inserting 16 ‘‘with respect to the requirements of this 17 section or section 319C–2’’ after ‘‘para18 graph (5)’’; and 19 (3) in subsection (h)(1)(A), by striking 20 ‘‘$685,000,000 for each of fiscal years 2019 through 21 2023’’ and inserting ‘‘$735,000,000 for each of fis22 cal years 2025 and 2026, to remain available 23 through December 31, 2026’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00707 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 708. 708 1 SEC. 613. HOSPITAL PREPAREDNESS PROGRAM. 2 (a) INCREASING PARTICIPATION BY EMS IN THE 3 HOSPITAL PREPAREDNESS PROGRAM.— 4 (1) IN GENERAL.—Section 319C–2 of the Pub5 lic Health Service Act (42 U.S.C. 247d–3b) is 6 amended— 7 (A) in subsection (b)(1)(A)— 8 (i) in clause (iii)(III), by striking ‘‘; 9 and’’ and inserting a semicolon; and 10 (ii) by striking clause (iv) and insert11 ing the following: 12 ‘‘(iv) one or more emergency medical 13 service organizations; and 14 ‘‘(v) to the extent practicable, one or 15 more emergency management organiza16 tions; and’’; and 17 (B) in subsection (g)(1)— 18 (i) by striking ‘‘(1) LOCAL RESPONSE 19 CAPABILITIES’’ and inserting: 20 ‘‘(1) LOCAL RESPONSE CAPABILITIES.— 21 ‘‘(A) PROGRAM COORDINATION.—’’; 22 (ii) by striking ‘‘extent practicable, 23 ensure’’ and inserting the following: ‘‘ex24 tent practicable— 25 ‘‘(i) ensure’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00708 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 709. 709 1 (iii) by striking the period and insert2 ing ‘‘; and’’; and 3 (iv) by adding at the end the fol4 lowing: 5 ‘‘(ii) seek to increase participation of 6 eligible entities described in subsection 7 (b)(1)(A) with lower participation rates 8 relative to other eligible entities, such as 9 emergency medical services organizations 10 and health care facilities in underserved 11 areas.’’. 12 (2) PREFERENCES.—Section 319C– 13 2(d)(1)(A)(iii) of the Public Health Service Act (42 14 U.S.C. 247d–3b(d)(1)(A)(iii)) is amended by strik15 ing ‘‘subsection (b)(1)(A)(ii)’’ and inserting ‘‘clauses 16 (ii) and (iv) of subsection (b)(1)(A)’’. 17 (b) IMPROVING MEDICAL READINESS AND RESPONSE 18 CAPABILITIES.—Section 319C–2 of the Public Health 19 Service Act (42 U.S.C. 247d–3b) is amended— 20 (1) in subsection (b)(2)— 21 (A) in subparagraph (A), by striking 22 ‘‘and’’ at the end; 23 (B) in subparagraph (B), by striking the 24 period and inserting ‘‘; and’’; and 25 (C) by inserting at the end the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00709 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 710. 710 1 ‘‘(C) designate a lead entity to administer such 2 award and support coordination between entities de3 scribed in this subsection.’’; 4 (2) in subsection (g)(1), as amended by sub5 section (a)(1)(B), by adding at the end the fol6 lowing: 7 ‘‘(B) REGIONAL OPERATIONS.—An eligible 8 entity shall establish and maintain, or leverage 9 an existing, capability to enable coordination of 10 regional medical operations, which may include 11 systems to facilitate information sharing and 12 coordination, within a coalition described under 13 subsection (b)(1)(A) and, as appropriate, 14 among multiple coalitions that are in close geo15 graphic proximity to each other.’’; and 16 (3) in subsection (j)(1)— 17 (A) in subparagraph (A), by striking ‘‘for 18 each of fiscal years 2019 through 2023’’ and 19 inserting ‘‘for each of fiscal years 2025 and 20 2026, to remain available through December 21 31, 2026’’; and 22 (B) in subparagraph (B)(iii), by striking 23 ‘‘September 30, 2023’’ and inserting ‘‘Decem24 ber 31, 2026’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00710 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 711. 711 1 SEC. 614. FACILITIES AND CAPACITIES OF THE CENTERS 2 FOR DISEASE CONTROL AND PREVENTION TO 3 COMBAT PUBLIC HEALTH SECURITY 4 THREATS. 5 Section 319D(h) of the Public Health Service Act (42 6 U.S.C. 247d–4(h)) is amended— 7 (1) in paragraph (1), by striking ‘‘$25,000,000 8 for each of fiscal years 2022 and 2023’’ and insert9 ing ‘‘$40,000,000 for each of fiscal years 2025 and 10 2026’’, to remain available through December 31, 11 2026; and 12 (2) in paragraph (2), by striking ‘‘2022 and 13 2023’’ and inserting ‘‘2025 and 2026, to remain 14 available through December 31, 2026’’. 15 SEC. 615. PILOT PROGRAM TO SUPPORT STATE MEDICAL 16 STOCKPILES. 17 (a) IN GENERAL.—Section 319F–2(i) of the Public 18 Health Service Act (42 U.S.C. 247d–6b(i)) is amended— 19 (1) in paragraph (2)(B)(i)— 20 (A) in subclause (I), by striking ‘‘and 21 2024’’ and inserting ‘‘through 2025’’; and 22 (B) in subclause (II), by striking ‘‘2025’’ 23 and inserting ‘‘2026’’; 24 (2) in paragraph (4)— 25 (A) in subparagraph (G), by striking ‘‘; 26 and’’ at the end and inserting a semicolon; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00711 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 712. 712 1 (B) by redesignating subparagraph (H) as 2 subparagraph (I); 3 (C) by inserting after subparagraph (G) 4 the following: 5 ‘‘(H) facilitate the sharing of best practices 6 among States within a consortia of States in re7 ceipt of funding related to establishing and 8 maintaining a stockpile of medical products; 9 and’’; and 10 (D) in subparagraph (I), as so redesig11 nated, by striking ‘‘State efforts’’ and inserting 12 ‘‘State or regional efforts’’; 13 (3) by redesignating paragraphs (5) through 14 (9) as paragraphs (6) through (10), respectively; 15 (4) by inserting after paragraph (4) the fol16 lowing: 17 ‘‘(5) COORDINATION.—An entity in receipt of 18 an award under paragraph (1), in carrying out the 19 activities under this subsection, shall coordinate with 20 appropriate health care entities, health officials, and 21 emergency management officials within the jurisdic22 tion of such State or States.’’; and 23 (5) in paragraph (10), as so redesignated, by 24 striking ‘‘$3,500,000,000 for each of fiscal years 25 2023 and 2024’’ and inserting ‘‘$3,365,000,000 for VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00712 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 713. 713 1 fiscal year 2025, and $3,265,000,000 for fiscal year 2 2026’’. 3 (b) GAO REPORT.—Section 2409(b) of the PRE4 VENT Pandemics Act (Public Law 117–328) is amend5 ed— 6 (1) in paragraph (2), by striking ‘‘; and’’ and 7 inserting a semicolon; 8 (2) in paragraph (3), by striking the period and 9 inserting ‘‘; and’’; and 10 (3) by adding at the end the following: 11 ‘‘(4) the impact of any regional stockpiling ap12 proaches carried out under subsection (i)(1) of sec13 tion 319F–2 of the Public Health Service Act (42 14 U.S.C. 247d–6b).’’. 15 SEC. 616. ENHANCING DOMESTIC WASTEWATER SURVEIL16 LANCE FOR PATHOGEN DETECTION. 17 (a) IN GENERAL.—Title III of the Public Health 18 Service Act is amended by inserting after section 317V 19 (42 U.S.C. 247b–24) the following: 20 ‘‘SEC. 317W. WASTEWATER SURVEILLANCE FOR PATHOGEN 21 DETECTION. 22 ‘‘(a) WASTEWATER SURVEILLANCE SYSTEM.—The 23 Secretary, acting through the Director of the Centers for 24 Disease Control and Prevention and in coordination with 25 other Federal departments and agencies, shall award VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00713 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 714. 714 1 grants, contracts, or cooperative agreements to eligible en2 tities to establish, maintain, or improve activities related 3 to the detection and monitoring of infectious diseases 4 through wastewater for public health emergency prepared5 ness and response purposes. 6 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 7 an award under this section, an entity shall— 8 ‘‘(1) be a State, Tribal, or local health depart9 ment, or a partnership between such a health de10 partment and other public and private entities; and 11 ‘‘(2) submit to the Secretary an application at 12 such time, in such manner, and containing such in13 formation as the Secretary may reasonably require, 14 which shall include— 15 ‘‘(A) a description of activities proposed to 16 be carried out pursuant to an award under sub17 section (a); 18 ‘‘(B) factors such entity proposes to use to 19 select wastewater sampling sites; 20 ‘‘(C) factors such entity proposes to use to 21 determine whether a response to findings from 22 such wastewater sampling may be warranted, 23 and a plan for responding, as appropriate, con24 sistent with applicable plans developed by such 25 entity pursuant to section 319C–1; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00714 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 715. 715 1 ‘‘(D) a plan to sustain such wastewater 2 surveillance activities described in such applica3 tion following the conclusion of the award pe4 riod; and 5 ‘‘(E) any additional information the Sec6 retary may require. 7 ‘‘(c) CONSIDERATION.—In making awards under sub8 section (a), the Secretary may give priority to eligible enti9 ties that have submitted an application that— 10 ‘‘(1) details plans to provide public access to 11 deidentified data generated through such wastewater 12 surveillance activities in a manner that allows for 13 comparison to such data generated by other recipi14 ents of an award under subsection (a); and 15 ‘‘(2) provides an assessment of community 16 needs related to ongoing infectious disease moni17 toring, including estimates of the incidence and 18 prevalence of infectious diseases that can be detected 19 in wastewater and availability, at the time of the ap20 plication, of other forms of infectious disease detec21 tion in the jurisdiction. 22 ‘‘(d) USE OF FUNDS.—An eligible entity shall, as ap23 propriate, use amounts awarded under this section to— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00715 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 716. 716 1 ‘‘(1) establish or enhance existing capacity and 2 capabilities to conduct wastewater sampling, testing, 3 and related analysis; 4 ‘‘(2) conduct wastewater surveillance, as appro5 priate, in areas or facilities with increased risk of in6 fectious disease outbreaks and limited ability to uti7 lize other forms of infectious disease detection, such 8 as at individual facilities, institutions, and locations 9 in rural areas or areas in which wastewater is not 10 treated through the relevant local utility of the juris11 diction; and 12 ‘‘(3) implement projects that use evidence-based 13 or innovative practices to conduct wastewater sur14 veillance activities. 15 ‘‘(e) PARTNERSHIPS.—In carrying out activities 16 under this section, eligible entities shall identify opportuni17 ties to partner with other public or private entities to le18 verage relevant capabilities maintained by such entities, 19 as appropriate and consistent with this section. 20 ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary, in 21 consultation with the heads of other applicable Federal 22 agencies and departments, as appropriate, shall provide 23 technical assistance to recipients of awards under this sec24 tion to facilitate the planning, development, and imple25 mentation of activities described in subsection (d). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00716 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 717. 717 1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To 2 carry out this section, there is authorized to be appro3 priated $20,000,000 for each of fiscal years 2025 and 4 2026, to remain available through December 31, 2026.’’. 5 (b) WASTEWATER SURVEILLANCE RESEARCH.— 6 (1) IN GENERAL.—The Secretary of Health and 7 Human Services (in this subsection referred to as 8 the ‘‘Secretary’’) shall continue to conduct or sup9 port research on the use of wastewater surveillance 10 to detect and monitor emerging infectious diseases, 11 which may include— 12 (A) research to improve the efficiency and 13 effectiveness of wastewater sample collection 14 and analysis and increase the sensitivity and 15 specificity of wastewater testing methods; and 16 (B) implementation and development of 17 evidence-based practices to facilitate the esti18 mation of the incidence and prevalence of infec19 tious disease within a community. 20 (2) NON-DUPLICATION OF EFFORT.—The Sec21 retary shall ensure that activities carried out under 22 this subsection do not unnecessarily duplicate efforts 23 of other agencies and offices within the Department 24 of Health and Human Services related to wastewater 25 surveillance. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00717 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 718. 718 1 SEC. 617. REAUTHORIZATION OF MOSQUITO ABATEMENT 2 FOR SAFETY AND HEALTH PROGRAM. 3 Section 317S of the Public Health Service Act (42 4 U.S.C. 247b–21) is amended— 5 (1) in subsection (a)(3)(A), by striking ‘‘sub6 section (b)(3)’’ and inserting ‘‘subsection (b)(4)’’; 7 (2) in subsection (b)— 8 (A) by redesignating paragraphs (3) 9 through (6) as paragraphs (4) through (7), re10 spectively; and 11 (B) by inserting after paragraph (2) the 12 following: 13 ‘‘(3) CONSIDERATIONS.—The Secretary may 14 consider the use of innovative and novel technology 15 for mosquito prevention and control in making 16 grants under paragraph (1).’’; 17 (3) by amending subsection (d) to read as fol18 lows: 19 ‘‘(d) USES OF FUNDS.—Amounts appropriated under 20 subsection (f) may be used by the Secretary to provide 21 training and technical assistance with respect to the plan22 ning, development, and operation of assessments and 23 plans under subsection (a) and control programs under 24 subsection (b). The Secretary may provide such training 25 and technical assistance directly or through awards of 26 grants or contracts to public and private entities.’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00718 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 719. 719 1 (4) in subsection (f)(1), by striking ‘‘2019 2 through 2023’’ and inserting ‘‘2025 and 2026, to re3 main available through December 31, 2026’’. 4 Subtitle B—Federal Planning and 5 Coordination 6 SEC. 621. ALL-HAZARDS EMERGENCY PREPAREDNESS AND 7 RESPONSE. 8 Section 2811 of the Public Health Service Act (42 9 U.S.C. 300hh–10) is amended— 10 (1) in subsection (b)— 11 (A) in paragraph (3)— 12 (i) by striking ‘‘Oversee advanced re13 search, development, and procurement’’ 14 and inserting the following: 15 ‘‘(A) IN GENERAL.—Oversee advanced re16 search, development, procurement, and replen17 ishment’’; and 18 (ii) by adding at the end the fol19 lowing: 20 ‘‘(B) DEVELOPMENT OF REQUIRE21 MENTS.—Lead the development and approval, 22 and, on a routine basis, the review and update, 23 of requirements for such countermeasures and 24 products, including related capabilities, to in25 form the advanced research, development, proVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00719 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 720. 720 1 curement, and replenishment decisions of the 2 Secretary.’’; 3 (B) in paragraph (4)— 4 (i) in subparagraph (F)— 5 (I) in the matter preceding clause 6 (i), by striking ‘‘and in consultation 7 with the Secretary of Homeland Secu8 rity,’’; and 9 (II) in clause (i), by inserting 10 ‘‘enhance’’ after ‘‘capabilities and’’; 11 (ii) in subparagraph (G)— 12 (I) in the matter preceding clause 13 (i), by inserting ‘‘the Office of Pan14 demic Preparedness and Response 15 Policy,’’ after ‘‘Veterans Affairs,’’; 16 (II) in clause (i), by striking 17 ‘‘based on’’ and inserting ‘‘based on— 18 ’’; 19 (III) in clause (ii), by striking ‘‘; 20 and’’ at the end and inserting a semi21 colon; 22 (IV) in clause (iii), by striking 23 the period and inserting ‘‘; and’’; and 24 (V) by adding at the end the fol25 lowing: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00720 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 721. 721 1 ‘‘(iv) that include, as appropriate, par2 ticipation by relevant industry, academia, 3 professional societies, and other stake4 holders.’’; 5 (iii) in subparagraph (H)— 6 (I) by inserting ‘‘and the Direc7 tor of the Office of Pandemic Pre8 paredness and Response Policy’’ after 9 ‘‘Security Affairs’’; and 10 (II) by inserting ‘‘and medical 11 product and supply capacity planning 12 pursuant to subparagraph (J), includ13 ing discussion of any relevant identi14 fied supply chain vulnerabilities’’ be15 fore the period at the end; 16 (iv) in subparagraph (I), by inserting 17 ‘‘the Director of the Office of Pandemic 18 Preparedness and Response Policy,’’ after 19 ‘‘Security Affairs,’’; and 20 (v) in subparagraph (J)(i), in the 21 matter preceding subclause (I), by insert22 ing ‘‘(including ancillary medical supplies 23 and components of medical products, such 24 as active pharmaceutical ingredients, key 25 starting materials, medical device compoVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00721 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 722. 722 1 nents, testing kits, reagents, and other 2 testing supplies)’’ after ‘‘supply needs’’; 3 and 4 (C) in paragraph (7)— 5 (i) in the matter preceding subpara6 graph (A), by inserting ‘‘and the require7 ments developed pursuant to paragraph 8 (3)(B)’’ after ‘‘subsection (d)’’; 9 (ii) by redesignating subparagraphs 10 (E) and (F) as subparagraphs (F) and 11 (G), respectively; and 12 (iii) by inserting after subparagraph 13 (D) the following: 14 ‘‘(E) include a professional judgment of 15 anticipated budget needs for each future fiscal 16 year accounted for in such plan to account for 17 the full range of anticipated medical counter18 measure needs and life-cycle costs to address 19 such priorities and requirements;’’; 20 (2) in subsection (d)— 21 (A) by amending paragraph (1) to read as 22 follows: 23 ‘‘(1) IN GENERAL.—Not later than March 15, 24 2020, and biennially thereafter, the Assistant Sec25 retary for Preparedness and Response shall develop VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00722 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 723. 723 1 and submit to the Committee on Health, Education, 2 Labor, and Pensions of the Senate and the Com3 mittee on Energy and Commerce of the House of 4 Representatives a coordinated strategy for medical 5 countermeasures to address chemical, biological, ra6 diological, and nuclear threats, informed by the re7 quirements developed pursuant to subsection 8 (b)(3)(B). Not later than 180 days after the submis9 sion of such strategy to such committees, the Assist10 ant Secretary for Preparedness and Response shall 11 submit an accompanying implementation plan to 12 such committees. In developing such a strategy and 13 plan, the Assistant Secretary for Preparedness and 14 Response shall consult with the Public Health Emer15 gency Medical Countermeasures Enterprise estab16 lished under section 2811–1. Such strategy and plan 17 shall be known as the Public Health Emergency 18 Medical Countermeasures Enterprise Strategy and 19 Implementation Plan.’’; and 20 (B) in paragraph (2), in the matter pre21 ceding subparagraph (A), by inserting ‘‘strategy 22 and’’ before ‘‘plan’’; and 23 (3) in subsection (f)— 24 (A) in paragraph (1), in the matter pre25 ceding subparagraph (A), by inserting ‘‘, includVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00723 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 724. 724 1 ing such agents that are an emerging infectious 2 disease’’ after ‘‘become a pandemic’’; and 3 (B) in paragraph (2)(A), by striking 4 ‘‘$250,000,000 for each of fiscal years 2019 5 through 2023’’ and inserting ‘‘$335,000,000 6 for each of fiscal years 2025 and 2026, to re7 main available through December 31, 2026’’. 8 SEC. 622. NATIONAL HEALTH SECURITY STRATEGY. 9 Section 2802 of the Public Health Service Act (42 10 U.S.C. 300hh–1) is amended— 11 (1) in subsection (a)(3)— 12 (A) by striking ‘‘In 2022, the’’ and insert13 ing ‘‘The’’; and 14 (B) by inserting ‘‘, maintaining, and sus15 taining’’ after ‘‘establishing’’; and 16 (2) in subsection (b)— 17 (A) in paragraph (2)— 18 (i) in subparagraph (A), by inserting 19 ‘‘that support interagency coordination and 20 availability of information, as appropriate’’ 21 before the period; 22 (ii) in subparagraph (B), by inserting 23 ‘‘rapid testing,’’ after ‘‘and supplies,’’; 24 (B) in paragraph (3)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00724 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 725. 725 1 (i) in the matter preceding subpara2 graph (A), by inserting ‘‘and blood banks’’ 3 after ‘‘dental health facilities’’; 4 (ii) in subparagraph (C), by inserting 5 ‘‘and current capacity of facilities within 6 such systems, as applicable’’ before the pe7 riod; and 8 (iii) in subparagraph (D), by inserting 9 ‘‘and other medical products and medical 10 supplies consistent with the activities car11 ried out under section 2811(b)(4)(J)’’ be12 fore the period; 13 (C) in paragraph (5), by inserting ‘‘appli14 cable federally funded activities and’’ after ‘‘(in15 cluding’’; 16 (D) in paragraph (8)— 17 (i) in subparagraph (A), by inserting 18 ‘‘public health and medical’’ before ‘‘activi19 ties’’; and 20 (ii) in subparagraph (B), by striking 21 ‘‘familiarity with’’ and inserting ‘‘under22 standing of, and coordination between,’’; 23 (E) by redesignating paragraphs (9) and 24 (10) as paragraphs (10) and (12), respectively; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00725 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 726. 726 1 (F) by inserting after paragraph (8) the 2 following: 3 ‘‘(9) OTHER SETTINGS.—Supporting Federal, 4 State, local, and Tribal coordination and planning 5 with respect to facilities in which there is an in6 creased risk of infectious disease outbreaks, includ7 ing such facilities that address the needs of at-risk 8 individuals, in the event of a public health emer9 gency declared under section 319.’’; 10 (G) by inserting after subparagraph (10), 11 as so redesignated, the following: 12 ‘‘(11) OTHER HAZARDS.—Assessing current 13 and potential health security threats from natural 14 disasters with respect to public health and medical 15 preparedness and response.’’; 16 (H) by inserting after paragraph (12), as 17 so redesignated, the following: 18 ‘‘(13) CYBERSECURITY RESILIENCY OF HEALTH 19 CARE SYSTEMS.—Consistent with the requirements 20 of section 2218 of the Homeland Security Act of 21 2002, strengthening the ability of States, local com22 munities, and Tribal communities to prepare for, re23 spond to, and be resilient against cybersecurity 24 vulnerabilities or cybersecurity attacks that affect 25 public health and health information technology, and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00726 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 727. 727 1 encouraging health care facilities to use recognized 2 security practices meeting or exceeding the ap3 proaches established under section 405(d) of the Cy4 bersecurity Act of 2015.’’; and 5 (I) by striking ‘‘tribal’’ each place it ap6 pears and inserting ‘‘Tribal’’. 7 SEC. 623. IMPROVING DEVELOPMENT AND DISTRIBUTION 8 OF DIAGNOSTIC TESTS. 9 Section 319B of the Public Health Service Act (42 10 U.S.C. 247d–2) is amended to read as follows: 11 ‘‘SEC. 319B. IMPROVING DEVELOPMENT AND DISTRIBU12 TION OF DIAGNOSTIC TESTS. 13 ‘‘(a) DIAGNOSTIC TESTING PREPAREDNESS PLAN.— 14 The Secretary shall develop, make publicly available, not 15 later than 1 year after the date of enactment of the Pan16 demic and All-Hazards Preparedness and Response Act, 17 and update not less frequently than every 3 years there18 after, a plan for the rapid development, validation, author19 ization, manufacture, procurement, and distribution of di20 agnostic tests, and for rapid scaling of testing capacity, 21 in response to chemical, biological, radiological, or nuclear 22 threats, including emerging infectious diseases, for which 23 a public health emergency is declared under section 319, 24 or that has significant potential to cause such a public 25 health emergency. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00727 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 728. 728 1 ‘‘(b) PURPOSES.—The purpose of the plan under sub2 section (a) shall be to— 3 ‘‘(1) facilitate the development and utilization 4 of diagnostic tests; 5 ‘‘(2) describe the processes for the rapid devel6 opment, validation, authorization, manufacture, pro7 curement, and distribution of diagnostic tests, and 8 for rapid scaling of testing capacity; and 9 ‘‘(3) facilitate coordination and collaboration 10 among public and private entities to improve the 11 rapid development and utilization of diagnostic test12 ing during a public health emergency. 13 ‘‘(c) CONSIDERATIONS.—The plan under subsection 14 (a) shall take into consideration— 15 ‘‘(1) domestic capacity, including any such ca16 pacity established through partnerships with public 17 and private entities pursuant to subsection (e), to 18 support the development, validation, manufacture, 19 procurement, and distribution of tests, and the rapid 20 scaling of testing capacity; 21 ‘‘(2) novel technologies and platforms that— 22 ‘‘(A) may be used to improve testing capa23 bilities, including— 24 ‘‘(i) high-throughput laboratory 25 diagnostics; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00728 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 729. 729 1 ‘‘(ii) point-of-care diagnostics; and 2 ‘‘(iii) rapid at-home diagnostics; 3 ‘‘(B) improve the accessibility of diagnostic 4 tests; and 5 ‘‘(C) facilitate the development and manu6 facture of diagnostic tests; 7 ‘‘(3) medical supply needs related to testing, in8 cluding diagnostic testing, equipment, supplies, and 9 component parts, and any potential vulnerabilities 10 related to the availability of such medical supplies 11 and related planning needs, consistent with section 12 2811(b)(4)(J); 13 ‘‘(4) strategies for the rapid and efficient dis14 tribution of tests locally, regionally, or nationwide 15 and appropriate scaling of laboratory testing capac16 ity; and 17 ‘‘(5) assessment of such strategies through 18 drills and operational exercises carried out under 19 section 2811(b)(4)(G), as appropriate. 20 ‘‘(d) COORDINATION.—To inform the development 21 and update of the plan under subsection (a), and in car22 rying out activities to implement such plan, the Secretary 23 shall coordinate with industry, such as device manufactur24 ers, clinical and reference laboratories, and medical prod25 uct distributors, States, local governmental entities, InVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00729 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 730. 730 1 dian Tribes and Tribal organizations, and other relevant 2 public and private entities. 3 ‘‘(e) CAPACITY BUILDING.—The Secretary may con4 tract with public and private entities, as appropriate, to 5 increase domestic capacity in the rapid development, vali6 dation, authorization, manufacture, procurement, and dis7 tribution of diagnostic tests, as appropriate, to State, 8 local, and Tribal health departments and other appro9 priate entities for immediate public health response activi10 ties to address an infectious disease with respect to which 11 a public health emergency is declared under section 319, 12 or that has significant potential to cause such a public 13 health emergency.’’. 14 SEC. 624. COMBATING ANTIMICROBIAL RESISTANCE. 15 (a) IN GENERAL.—Section 319E of the Public 16 Health Service Act (42 U.S.C. 247d–5) is amended— 17 (1) in subsection (a)— 18 (A) in paragraph (1), by inserting ‘‘and ac19 tivities’’ after ‘‘Federal programs’’; 20 (B) in paragraph (2)— 21 (i) by striking ‘‘public health constitu22 encies, manufacturers, veterinary and med23 ical professional societies and others’’ and 24 inserting ‘‘the Advisory Council described VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00730 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 731. 731 1 in subsection (b) and relevant public and 2 private entities’’; and 3 (ii) by inserting ‘‘, pursuant to para4 graph (4),’’ after ‘‘comprehensive plan’’; 5 (C) by amending paragraph (3) to read as 6 follows: 7 ‘‘(3) AGENDA.—The task force described in 8 paragraph (1) shall consider factors the Secretary 9 considers appropriate, including factors to— 10 ‘‘(A) slow the emergence of resistant bac11 teria and fungi and prevent the spread of re12 sistant infections; 13 ‘‘(B) strengthen activities to combat resist14 ance with respect to zoonotic diseases; 15 ‘‘(C) advance development and use of rapid 16 and innovative capabilities, including diagnostic 17 tests, for identification and characterization of 18 resistant bacteria and fungi; 19 ‘‘(D) accelerate basic and applied research 20 and development for new antibiotics, 21 antifungals, and other related therapeutics and 22 vaccines; and 23 ‘‘(E) support international collaboration 24 and capacities for antimicrobial-resistance pre25 vention, detection, and control.’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00731 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 732. 732 1 (D) by redesignating paragraph (4) as 2 paragraph (5); 3 (E) by inserting after paragraph (3) the 4 following: 5 ‘‘(4) ACTION PLAN.—Not later than October 1, 6 2026, and every 5 years thereafter, the task force 7 described in paragraph (1) shall develop and submit 8 to the Committee on Health, Education, Labor, and 9 Pensions and the Committee on Appropriations of 10 the Senate and the Committee on Energy and Com11 merce and the Committee on Appropriations of the 12 House of Representatives a plan regarding Federal 13 programs and activities to combat antimicrobial re14 sistance, including measurable outcomes, as appro15 priate, informed by— 16 ‘‘(A) the agenda described in paragraph 17 (3); 18 ‘‘(B) input provided by the Advisory Coun19 cil described in subsection (b); and 20 ‘‘(C) input from other relevant stake21 holders provided pursuant to paragraph (2).’’; 22 (2) by redesignating subsections (b) through (o) 23 as subsections (c) through (p), respectively; 24 (3) by inserting after subsection (a) the fol25 lowing: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00732 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 733. 733 1 ‘‘(b) ADVISORY COUNCIL.— 2 ‘‘(1) IN GENERAL.—The Secretary may con3 tinue the Presidential Advisory Council on Com4 bating Antibiotic-Resistant Bacteria, referred to in 5 this subsection as the ‘Advisory Council’. 6 ‘‘(2) DUTIES.—The Advisory Council shall ad7 vise and provide information and recommendations 8 to the Secretary, acting through the Task Force es9 tablished under subsection (a), regarding Federal 10 programs and activities intended to reduce or com11 bat antimicrobial-resistant bacteria or fungi that 12 may present a public health threat and improve ca13 pabilities to prevent, diagnose, mitigate, or treat 14 such resistance. Such advice, information, and rec15 ommendations may be related to improving Federal 16 efforts related to factors described in subsection 17 (a)(3) and other topics related to antimicrobial re18 sistance, as appropriate. 19 ‘‘(3) MEETINGS AND COORDINATION.— 20 ‘‘(A) MEETINGS.—The Advisory Council 21 shall meet not less frequently than biannually 22 and, to the extent practicable, in coordination 23 with meetings of the task force established 24 under subsection (a). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00733 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 734. 734 1 ‘‘(B) COORDINATION.—The Advisory 2 Council shall, to the greatest extent practicable, 3 coordinate activities carried out by the Council 4 with the task force established under subsection 5 (a). 6 ‘‘(4) FACA.—Chapter 10 of title 5, United 7 States Code, shall apply to the activities and duties 8 of the Advisory Council. 9 ‘‘(5) SUNSET.— 10 ‘‘(A) IN GENERAL.—The Advisory Council 11 under this subsection shall terminate on De12 cember 31, 2026. 13 ‘‘(B) EXTENSION OF ADVISORY COUN14 CIL.—Not later than October 1, 2026, the Sec15 retary shall submit to the Committee on 16 Health, Education, Labor, and Pensions of the 17 Senate and the Committee on Energy and Com18 merce of the House of Representatives a report 19 that includes a recommendation on whether the 20 Advisory Council should be extended, and iden21 tifying whether there are other committees, 22 councils, or task forces that have overlapping or 23 similar duties to that of the Advisory Council, 24 and whether such committees, councils, or task 25 forces should be combined, restructured, or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00734 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 735. 735 1 eliminated, including with respect to the task 2 force established under subsection (a).’’; and 3 (4) in subsection (n), as so redesignated, by 4 striking ‘‘(f) through (j)’’ and inserting ‘‘(g) through 5 (k)’’. 6 (b) CONFORMING AMENDMENT.—Section 505 of the 7 Pandemic and All-Hazards Preparedness and Advancing 8 Innovation Act of 2019 (42 U.S.C. 247d–5 note; Public 9 Law 116–22) is amended by striking subsection (a) and 10 all that follows through ‘‘Not later’’ in subsection (e) and 11 inserting the following: 12 ‘‘Not later’’. 13 SEC. 625. STRATEGIC NATIONAL STOCKPILE AND MATE14 RIAL THREATS. 15 Section 319F–2 of the Public Health Service Act (42 16 U.S.C. 247d–6b) is amended— 17 (1) in subsection (a)— 18 (A) in paragraph (2)— 19 (i) in subparagraph (A), by inserting 20 ‘‘Such review shall include a description of 21 how the Secretary manages and mitigates 22 risks associated with gaps between current 23 inventory levels and stockpiling goals, 24 prioritizes such risks, and tracks progress VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00735 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 736. 736 1 toward mitigation of such risks.’’ after the 2 first sentence; and 3 (ii) in subparagraph (B)(i), by amend4 ing subclause (IV) to read as follows: 5 ‘‘(IV) the emergency health secu6 rity threat or threats such counter7 measure procurement is intended to 8 address, including— 9 ‘‘(aa) whether such procure10 ment is consistent with meeting 11 emergency health security needs 12 associated with such threat or 13 threats; and 14 ‘‘(bb) in the case of a coun15 termeasure that addresses a bio16 logical agent, whether such agent 17 has an increased likelihood to be18 come resistant to, more resistant 19 to, or evade, such counter20 measure relative to other avail21 able medical countermeasures;’’; 22 (B) in paragraph (3)— 23 (i) in subparagraph (B), by striking 24 ‘‘are followed, regularly reviewed, and up25 dated with respect to such stockpile’’ and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00736 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 737. 737 1 inserting ‘‘with respect to such stockpile 2 are followed, regularly reviewed, and up3 dated to reflect best practices’’; 4 (ii) in subparagraph (I), by inserting 5 ‘‘, through a standard operating proce6 dure,’’ after ‘‘ensure’’; 7 (iii) by redesignating subparagraphs 8 (H) through (K) as subparagraphs (I) 9 through (L), respectively; 10 (iv) by inserting after subparagraph 11 (G) the following: 12 ‘‘(H) utilize tools to enable the timely and 13 accurate tracking of the contents of the stock14 pile throughout the deployment of such con15 tents, including tracking of the location and ge16 ographic distribution and utilization of such 17 contents;’’; 18 (v) in subparagraph (K), as so redes19 ignated, by striking ‘‘; and’’ at the end and 20 inserting a semicolon; 21 (vi) in subparagraph (L), as so redes22 ignated, by striking the period and insert23 ing ‘‘; and’’; and 24 (vii) by adding at the end the fol25 lowing: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00737 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 738. 738 1 ‘‘(M) communicate to relevant vendors re2 garding modifications, renewals, extensions, or 3 terminations of contracts, or the intent to exer4 cise options for such contracts, within 30 days, 5 as practicable, of such determination, including 6 through the development of a contract notifica7 tion process.’’; 8 (C) in paragraph (5)(B), in the matter 9 preceding clause (i), by inserting ‘‘, which may 10 accompany the review required under paragraph 11 (2),’’ after ‘‘Representatives a report’’; and 12 (D) in paragraph (6)(A)— 13 (i) by redesignating clauses (viii) 14 through (x) as clauses (ix) through (xi), re15 spectively; and 16 (ii) by inserting after clause (vii) the 17 following: 18 ‘‘(viii) with respect to any change in 19 the Federal organizational management of 20 the stockpile, an assessment and compari21 son of any differences in the processes and 22 operations resulting from such change, in23 cluding— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00738 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 739. 739 1 ‘‘(I) planning for potential coun2 termeasure deployment, distribution, 3 or dispensing capabilities; 4 ‘‘(II) organizational structure; 5 ‘‘(III) communication with rel6 evant stakeholders related to procure7 ment decisions; 8 ‘‘(IV) processes related to pro9 curement, deployment, and use of 10 stockpiled countermeasures; 11 ‘‘(V) communication and coordi12 nation with the Public Health Emer13 gency Medical Countermeasures En14 terprise and other related Federal en15 tities; 16 ‘‘(VI) inventory management; 17 and 18 ‘‘(VII) availability and use of re19 sources for such activities;’’; and 20 (2) in subsection (c)(2)(C), by striking 21 ‘‘promptly’’ and inserting ‘‘, not later than 60 days 22 after each such determination,’’; 23 (3) in subsection (f)(1), by striking 24 ‘‘$610,000,000 for each of fiscal years 2019 through 25 2021, and $750,000,000 for each of fiscal years VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00739 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 740. 740 1 2022 and 2023’’ and inserting ‘‘$1,100,000,000 for 2 fiscal year 2025, and $1,210,000,000 for fiscal year 3 2026’’; and 4 (4) in subsection (g)(1), by striking ‘‘2019 5 through 2028’’ and inserting ‘‘2025 through 2034’’. 6 SEC. 626. MEDICAL COUNTERMEASURES FOR VIRAL 7 THREATS WITH PANDEMIC POTENTIAL. 8 Section 319L of the Public Health Service Act (42 9 U.S.C. 247d–7e) is amended— 10 (1) in subsection (c)— 11 (A) in paragraph (4)— 12 (i) in subparagraph (D)— 13 (I) in clause (ii), by striking ‘‘; 14 and’’ and inserting a semicolon; and 15 (II) by redesignating clause (iii) 16 as clause (iv); and 17 (III) by inserting after clause (ii) 18 the following: 19 ‘‘(iii) research and development of 20 medical countermeasures for priority virus 21 families that have significant potential to 22 cause a pandemic, including such counter23 measures that take either pathogen-specific 24 or pathogen-agnostic approaches, and plat25 form technologies to improve the developVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00740 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 741. 741 1 ment and manufacture of such medical 2 countermeasures; and’’; and 3 (ii) in subparagraph (F)(ii), by insert4 ing ‘‘or priority virus families and other 5 viral pathogens that pose a threat due to 6 their significant potential to cause a pan7 demic,’’ after ‘‘pandemic influenza,’’; and 8 (B) in paragraph (5), by adding at the end 9 the following: 10 ‘‘(I) NOTIFICATION.—In awarding con11 tracts, grants, cooperative agreements, or other 12 transactions under this section, the Secretary 13 shall communicate to relevant vendors regard14 ing modifications, renewals, extensions, or ter15 minations of contracts, including through the 16 development of a contract notification process, 17 within 30 days of such determination, as prac18 ticable.’’; 19 (2) in subsection (d)(2), by striking 20 ‘‘$611,700,000 for each of fiscal years 2019 through 21 2023’’ and inserting ‘‘$950,000,000 for each of fis22 cal years 2025 and 2026’’; and 23 (3) in subsection (e)(1), by amending subpara24 graph (D) to read as follows: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00741 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 742. 742 1 ‘‘(D) SUNSET.—This paragraph shall cease 2 to have force or effect after December 31, 3 2026.’’. 4 SEC. 627. PUBLIC HEALTH EMERGENCY MEDICAL COUN5 TERMEASURES ENTERPRISE. 6 Section 2811–1 of the Public Health Service Act (42 7 U.S.C. 300hh–10a) is amended— 8 (1) in subsection (b)— 9 (A) by redesignating paragraph (11) as 10 paragraph (13); 11 (B) by inserting after paragraph (10) the 12 following: 13 ‘‘(11) The Director of the Biomedical Advanced 14 Research and Development Authority. 15 ‘‘(12) The Director of the Strategic National 16 Stockpile.’’; and 17 (C) in paragraph (13), as so redesignated, 18 by striking ‘‘the Director of the Biomedical Ad19 vanced Research and Development Authority, 20 the Director of the Strategic National Stock21 pile, the Director of the National Institute of 22 Allergy and Infectious Diseases,’’ and inserting 23 ‘‘the Director of the National Institute of Al24 lergy and Infectious Diseases’’; and 25 (2) in subsection (c)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00742 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 743. 743 1 (A) in paragraph (1)— 2 (i) by redesignating subparagraph (D) 3 as subparagraph (E); and 4 (ii) by inserting after subparagraph 5 (C) the following: 6 ‘‘(D) Assist the Secretary in developing 7 strategies for appropriate and evidence-based 8 allocation and distribution of countermeasures 9 to jurisdictions, in a manner that supports the 10 availability and use of such countermeasures, 11 for public health and medical preparedness and 12 response needs.’’; 13 (B) in paragraph (2), by inserting ‘‘rel14 evant stakeholders, including industry,’’ after 15 ‘‘consider input from’’; and 16 (C) by adding at the end the following: 17 ‘‘(3) INFORMATION SHARING.—The Secretary 18 shall, as appropriate and in a manner that does not 19 compromise national security, communicate and 20 share information related to recommendations made 21 and strategies developed under paragraph (1) with 22 relevant stakeholders, including industry and State, 23 local, and Tribal public health departments.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00743 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 744. 744 1 SEC. 628. FELLOWSHIP AND TRAINING PROGRAMS. 2 Section 317G of the Public Health Service Act (42 3 U.S.C. 247b–8) is amended— 4 (1) by striking ‘‘The Secretary,’’ and inserting 5 the following: 6 ‘‘(a) IN GENERAL.—The Secretary,’’; and 7 (2) by adding at the end the following: 8 ‘‘(b) NONCOMPETITIVE CONVERSION.— 9 ‘‘(1) IN GENERAL.—The Secretary may non10 competitively convert an individual who has com11 pleted an epidemiology, surveillance, or laboratory 12 fellowship or training program under subsection (a) 13 to a career-conditional appointment without regard 14 to the provisions of subchapter I of chapter 33 of 15 title 5, United States Code, provided that such indi16 vidual meets qualification requirements for the ap17 pointment.’’. 18 SEC. 629. REGIONAL BIOCONTAINMENT RESEARCH LAB19 ORATORIES. 20 (a) IN GENERAL.—The Secretary of Health and 21 Human Services (referred to in this section as the ‘‘Sec22 retary’’) shall make awards to establish or maintain, as 23 applicable, not fewer than 12 regional biocontainment lab24 oratories, for purposes of— 25 (1) conducting biomedical research to support 26 public health and medical preparedness for, and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00744 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 745. 745 1 rapid response to, biological agents, including emerg2 ing infectious diseases; 3 (2) ensuring the availability of surge capacity 4 for purposes of responding to such biological agents; 5 (3) supporting information sharing between, 6 and the dissemination of findings to, researchers and 7 other relevant individuals to facilitate collaboration 8 between industry and academia; and 9 (4) providing, as appropriate and applicable, 10 technical assistance and training to researchers and 11 other relevant individuals to support the biomedical 12 research workforce in improving the management 13 and mitigation of safety and security risks in the 14 conduct of research involving such biological agents. 15 (b) REQUIREMENTS.—As a condition of receiving a 16 grant under this section, a regional biocontainment labora17 tory shall agree to such oversight activities as the Sec18 retary determines appropriate, including periodic meetings 19 with relevant officials of the Department of Health and 20 Human Services, facility inspections, and other activities 21 as necessary and appropriate to ensure compliance with 22 the terms and conditions of such award. 23 (c) WORKING GROUP.—The Secretary shall establish 24 a Working Group, consisting of a representative from each 25 entity in receipt of an award under subsection (a). The VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00745 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 746. 746 1 Working Group shall make recommendations to the Sec2 retary in administering awards under this section, for pur3 poses of— 4 (1) improving the quality and consistency of ap5 plicable procedures and practices within laboratories 6 funded pursuant to subsection (a); and 7 (2) ensuring coordination, as appropriate, of 8 federally funded activities carried out at such labora9 tories. 10 (d) DEFINITION.—In this section, the term ‘‘regional 11 biocontainment laboratory’’ means a Biosafety or Animal 12 Biosafety Level–3 and Level–2 facility located at an insti13 tution in the United States that is designated by the Sec14 retary to carry out the activities described in subsection 15 (a). 16 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 17 out this section, there are authorized to be appropriated 18 $52,000,000 for each of fiscal years 2025 and 2026, to 19 remain available through December 31, 2026. 20 (f) ADMINISTRATIVE EXPENSES.—Of the amount 21 available to carry out this section for a fiscal year, the 22 Secretary may use not more than 5 percent for the admin23 istrative expenses of carrying out this section, including 24 expenses related to carrying out subsection (c). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 747. 747 1 (g) REPORT TO CONGRESS.—Not later than 1 year 2 after the date of the enactment of this Act, and biannually 3 thereafter, the Secretary, in consultation with the heads 4 of applicable Federal departments and agencies shall re5 port to the Committee on Health, Education, Labor, and 6 Pensions of the Senate and the Committee on Energy and 7 Commerce of the House of Representatives on— 8 (1) the activities and accomplishments of the 9 regional biocontainment laboratories; 10 (2) any published or disseminated research 11 findings based on research conducted in such labora12 tories in the applicable year; 13 (3) oversight activities carried out by the Sec14 retary pursuant to subsection (b); 15 (4) activities undertaken by the Secretary to 16 take into consideration the capacity and capabilities 17 of the network of regional biocontainment labora18 tories in activities to prepare for and respond to bio19 logical agents, which may include leveraging such ca20 pacity and capabilities to support the Laboratory 21 Response Network, as applicable and appropriate; 22 (5) plans for the maintenance and sustainment 23 of federally funded activities conducted at the re24 gional biocontainment laboratories, consistent with 25 the strategy required under section 2312 of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00747 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 748. 748 1 PREVENT Pandemics Act (Public Law 117–328); 2 and 3 (6) activities undertaken by the Secretary to co4 ordinate with the heads of other relevant Federal de5 partments and agencies to ensure that work carried 6 out by each such facility on behalf of the Secretary 7 and such other relevant heads is prioritized, is com8 plementary to the work carried out by other such fa9 cilities and other relevant federally funded activities, 10 and avoids unnecessary duplication. 11 SEC. 629A. LIMITATION RELATED TO COUNTRIES OF CON12 CERN CONDUCTING CERTAIN RESEARCH. 13 Section 2315(c) of the PREVENT Pandemics Act 14 (42 U.S.C. 6627) is amended to read as follows: 15 ‘‘(c) LIMITATIONS ON COUNTRIES OF CONCERN CON16 DUCTING CERTAIN RESEARCH.— 17 ‘‘(1) IN GENERAL.—The Secretary of Health 18 and Human Services (referred to in this subsection 19 as the ‘Secretary’) shall not fund research that may 20 reasonably be anticipated to involve the creation, 21 transfer, and use of enhanced pathogens of pan22 demic potential or biological agents or toxins listed 23 pursuant to section 351A(a)(1) of the Public Health 24 Service Act if such research is conducted by a for25 eign entity at a facility located in a country that is VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00748 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 749. 749 1 determined to be a country of concern as defined in 2 paragraph (2). 3 ‘‘(2) COUNTRIES OF CONCERN.— 4 ‘‘(A) DEFINITION.—For purposes of this 5 subsection, a ‘country of concern’ means the 6 People’s Republic of China, the Democratic 7 People’s Republic of Korea, the Russian Fed8 eration, the Islamic Republic of Iran, and any 9 other country as determined pursuant to sub10 paragraph (B). 11 ‘‘(B) ADDITIONAL COUNTRIES.—The Di12 rector of National Intelligence (referred to in 13 this subsection as the ‘Director’) shall, in con14 sultation with the Secretary, add additional 15 countries of concern for purposes of paragraph 16 (1), only if— 17 ‘‘(i) the Director determines that evi18 dence exists that a country has malicious 19 intent related to the creation, enhance20 ment, transfer, or use of pathogens of pan21 demic potential or biological agents or tox22 ins listed pursuant to such section 23 351A(a)(1); and 24 ‘‘(ii) in a manner that does not com25 promise national security, the Director VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00749 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 750. 750 1 provides such evidence in a report sub2 mitted to the Committee on Health, Edu3 cation, Labor, and Pensions of the Senate 4 and the Committee on Energy and Com5 merce of the House of Representatives. 6 ‘‘(C) LIMITATION.—Paragraph (1) shall 7 not take effect with respect to a country of con8 cern identified under subparagraph (B) until 9 the date that is 15 days after the date on which 10 the Director submits the report described in 11 subparagraph (B)(ii). 12 ‘‘(3) CLARIFICATION.— 13 ‘‘(A) IN GENERAL.—The requirement of 14 paragraph (1) may be waived by the President 15 for the duration of the initial response to an 16 outbreak of a novel emerging infectious disease 17 if the President determines that such require18 ment impedes the ability of the Federal Govern19 ment to immediately respond to such outbreak. 20 ‘‘(B) NOTIFICATION.—The President shall 21 notify such committees of Congress not later 22 than 48 hours after exercising the waiver under 23 subparagraph (A), and shall provide updates to 24 such committees related to the use of such 25 waiver every 15 days thereafter. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00750 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 751. 751 1 ‘‘(4) SUNSET.—The limitation under this sub2 section shall expire on December 31, 2026.’’. 3 Subtitle C—Addressing the Needs 4 of All Individuals 5 SEC. 631. IMPROVING ACCESS TO CERTAIN PROGRAMS. 6 (a) PROCEDURES RELATED TO THE TRANSITION OF 7 CERTAIN CLAIMS.— 8 (1) PROCEDURES FOR CORRECTING SUBMIS9 SIONS.— 10 (A) REQUESTS INITIALLY SUBMITTED 11 UNDER SECTION 319F–4.— 12 (i) IN GENERAL.—In the case of a re13 quest for compensation submitted under 14 section 319F–4 of the Public Health Serv15 ice Act (42 U.S.C. 247d–6e) for an injury 16 or death related to a medical product for 17 active immunization to prevent coronavirus 18 disease 2019 that the Secretary determines 19 to be ineligible pursuant to subsection 20 (b)(4)(B) of such section 319F–4, the Sec21 retary shall, not later than 30 days after 22 such determination, notify the individual 23 submitting the request of such determina24 tion. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00751 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 752. 752 1 (ii) SUBMISSION OF PETITION.—An 2 individual who receives a notification de3 scribed in clause (i) shall be eligible to sub4 mit a petition to the United States Court 5 of Federal Claims under section 2111 of 6 the Public Health Service Act (42 U.S.C. 7 300aa–11) with respect to the same med8 ical product administration claimed in the 9 request submitted under section 319F–4 of 10 such Act (42 U.S.C. 247d–6e), provided 11 such petition is submitted not later than 12 the later of— 13 (I) 1 year after receiving such 14 notification under clause (i); or 15 (II) the last date on which the 16 individual otherwise would be eligible 17 to submit a petition relating to such 18 injury, as specified in section 2116 of 19 such Act (42 U.S.C. 300aa–16). 20 (iii) ELIGIBILITY.—To be eligible to 21 submit a petition in accordance with clause 22 (ii), the petitioner shall have submitted the 23 request that was determined to be ineli24 gible as described in clause (i) not later VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00752 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 753. 753 1 than the applicable deadline for filing a pe2 tition under such section 2116. 3 (B) REQUESTS INITIALLY SUBMITTED 4 UNDER SECTION 2111.— 5 (i) IN GENERAL.—If a special master 6 determines that— 7 (I) a petition submitted under 8 section 2111 of the Public Health 9 Service Act (42 U.S.C. 300aa–11) re10 lated to a medical product for active 11 immunization to prevent coronavirus 12 disease 2019 that is ineligible for the 13 program under subtitle 2 of title XXI 14 of the Public Health Service Act (42 15 U.S.C. 300aa–10 et seq.) because it 16 relates to a medical product adminis17 tered at a time when the medical 18 product was not included in the table 19 under section 2114 of such Act (42 20 U.S.C. 300aa–14); and 21 (II) the medical product was ad22 ministered when it was a covered 23 countermeasure subject to a declara24 tion under section 319F–3(b) of such 25 Act (42 U.S.C. 247d–6d(b)), VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00753 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 754. 754 1 the special master shall, not later than 30 2 days after such determination, notify the 3 petitioner of such determination. 4 (ii) SUBMISSION OF REQUEST.—An 5 individual who receives a notification de6 scribed in clause (i) shall be eligible to sub7 mit a request for compensation under sec8 tion 319F–4(b) of the Public Health Serv9 ice Act (42 U.S.C. 247d–6e(b)) with re10 spect to the same medical product adminis11 tration claimed in the petition submitted 12 under section 2111 of such Act (42 U.S.C. 13 300aa–11)— 14 (I) not later than 1 year after re15 ceiving such notification; or 16 (II) in the case that the notifica17 tion is issued after judicial review of 18 the petition under subsection (e) or 19 (f) of section 2112 of such Act (42 20 U.S.C. 300aa–12), not later than 1 21 year after the judgment of the United 22 States Court of Federal Claims or the 23 mandate is issued by the United 24 States Court of Appeals for the FedVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00754 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 755. 755 1 eral Circuit pursuant to such sub2 section (e) or (f). 3 (iii) ELIGIBILITY.—To be eligible to 4 submit a request for compensation in ac5 cordance with clause (ii), the individual 6 submitting the request shall have sub7 mitted the petition under section 2111 of 8 the Public Health Service Act (42 U.S.C. 9 300aa–11) that was determined to be ineli10 gible not later than 1 year after the date 11 of administration of the medical product. 12 (2) CHANGES TO CERTAIN PROGRAMS.— 13 (A) SECTION 319F–4.—Section 319F–4 of 14 the Public Health Service Act (42 U.S.C. 15 247d–6e) is amended— 16 (i) in subsection (b)(4)— 17 (I) by striking ‘‘Except as pro18 vided’’ and inserting the following: 19 ‘‘(A) IN GENERAL.—Except as provided’’; 20 and 21 (II) by adding at the end the fol22 lowing: 23 ‘‘(B) EXCLUSION OF INJURIES ELIGIBLE 24 FOR PETITION UNDER TITLE XXI.—Notwith25 standing any other provision of this section, no VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00755 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 756. 756 1 individual may be eligible for compensation 2 under this section with respect to a vaccine 3 that, at the time it was administered, was in4 cluded in the Vaccine Injury Table under sec5 tion 2114.’’; and 6 (ii) in subsection (d)(3)— 7 (I) by striking ‘‘This section’’ 8 and inserting the following: 9 ‘‘(A) IN GENERAL.—This section’’; and 10 (II) by adding at the end the fol11 lowing: 12 ‘‘(B) EXHAUSTION OF REMEDIES.—A cov13 ered individual shall not be considered to have 14 exhausted remedies as described in paragraph 15 (1), nor be eligible to seek remedy under section 16 319F–3(d), unless such individual has provided 17 to the Secretary all supporting documentation 18 necessary to facilitate the determinations re19 quired under subsection (b)(4).’’. 20 (B) TITLE XXI.—Title XXI of the Public 21 Health Service Act (42 U.S.C. 300aa–1 et seq.) 22 is amended— 23 (i) in section 2111(a)(2)(A) (42 24 U.S.C. 300aa–11(a)(2)(A)), in the matter 25 preceding clause (i), by inserting ‘‘conVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00756 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 757. 757 1 taining the information required under 2 subsection (c)’’ after ‘‘unless a petition’’; 3 (ii) in section 2112(d) (42 U.S.C. 4 300aa–12(d))— 5 (I) by adding at the end of para6 graph (1) the following: ‘‘Such des7 ignation shall not occur until the peti8 tioner has filed all materials required 9 under section 2111(c).’’; and 10 (II) in paragraph (3)(A)(ii), by 11 striking ‘‘the petition was filed’’ and 12 inserting ‘‘on which the chief special 13 master makes the designation pursu14 ant to paragraph (1)’’; 15 (iii) in section 2114(e) (42 U.S.C. 16 300aa–14(e)), by adding at the end the 17 following: 18 ‘‘(4) LICENSURE REQUIREMENT.—Notwith19 standing paragraphs (2) and (3), the Secretary may 20 not revise the Vaccine Injury Table to include a vac21 cine for which the Centers for Disease Control and 22 Prevention has issued a recommendation for routine 23 use in children or pregnant women until at least one 24 application for such vaccine has been approved 25 under section 351. Upon such revision of the VacVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00757 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 758. 758 1 cine Injury Table, all vaccines in a vaccine category 2 on the Vaccine Injury Table, including vaccines au3 thorized under emergency use pursuant to section 4 564 of the Federal Food, Drug, and Cosmetic Act, 5 shall be considered included in the Vaccine Injury 6 Table.’’; and 7 (iv) in section 2116 (42 U.S.C. 8 300aa–16), by adding at the end the fol9 lowing: 10 ‘‘(d) CLARIFICATION.—Notwithstanding subsections 11 (a) and (b), an injury or death related to a vaccine admin12 istered at a time when the vaccine was a covered counter13 measure subject to a declaration under section 319F–3(b) 14 shall not be eligible for compensation under the Pro15 gram.’’. 16 (b) ACCELERATING INJURY COMPENSATION PRO17 GRAM ADMINISTRATION AND ENSURING PROGRAM INTEG18 RITY.— 19 (1) PETITIONS FOR COMPENSATION.—Section 20 2111(a)(2)(A)(i) of the Public Health Service Act 21 (42 U.S.C. 300aa–11(a)(2)(A)(i)) is amended— 22 (A) in subclause (I), by striking ‘‘, and’’ 23 and inserting a semicolon; 24 (B) in subclause (II)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00758 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 759. 759 1 (i) by moving the margin 2 ems to the 2 right; and 3 (ii) by striking ‘‘, or’’ and inserting ‘‘; 4 and’’; and 5 (C) by adding at the end the following: 6 ‘‘(III) the judgment described in subclause 7 (I) does not result from a petitioner’s motion to 8 dismiss the case; or’’. 9 (2) DETERMINATION OF GOOD FAITH.—Section 10 2115(e)(1) of the Public Health Service Act (42 11 U.S.C. 300aa–15(e)(1)) is amended by adding at the 12 end the following: ‘‘When making a determination of 13 good faith under this paragraph, the special master 14 or court may consider whether the petitioner dem15 onstrated an intention to obtain compensation on 16 such petition and was not merely seeking to satisfy 17 the exhaustion requirement under section 2121(b).’’. 18 (c) EXTENSION OF DEADLINES TO SUBMIT RE19 QUESTS FOR COMPENSATION FOR CERTAIN INJURIES.— 20 (1) IN GENERAL.—With respect to claims filed 21 under section 319F–4 of the Public Health Service 22 Act (42 U.S.C. 247d–6e) alleging a covered injury 23 caused by the administration or use of a covered 24 countermeasure pursuant to a declaration under sec25 tion 319F–3(b) of such Act (42 U.S.C. 247d–6d(b)) VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00759 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 760. 760 1 relating to coronavirus disease 2019, the following 2 shall apply: 3 (A) Notwithstanding the filing deadline ap4 plicable under such section 319F–4, the claim 5 shall be filed within 3 years of the administra6 tion or use of the covered countermeasure, or 1 7 year after the date of enactment of this Act, 8 whichever is later, and, if a claim filed under 9 such section 319F–4 with respect to such ad10 ministration or use was filed before the date of 11 enactment of this Act and denied on the basis 12 of having not been filed within the time period 13 required under subsection (b)(4) of such section 14 319F–4, such claim may be refiled pursuant to 15 this subparagraph. 16 (B) With respect to a claim relating to the 17 administration of a medical product for active 18 immunization to prevent coronavirus disease 19 2019 such a claim may be filed under the such 20 section 319F–4 only if the administration of 21 such vaccine occurred prior to the addition of 22 the vaccine to the Vaccine Injury Table under 23 section 2114 of the Public Health Service Act 24 (42 U.S.C. 300aa–14). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00760 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 761. 761 1 SEC. 632. SUPPORTING AT-RISK INDIVIDUALS DURING 2 EMERGENCY RESPONSES. 3 (a) TECHNICAL ASSISTANCE FOR AT-RISK INDIVID4 UALS AND DISASTERS.— 5 (1) IN GENERAL.—The Secretary of Health and 6 Human Services (referred to in this section as the 7 ‘‘Secretary’’) may provide appropriate technical as8 sistance to States, localities, Tribes, and other appli9 cable entities related to addressing the unique needs 10 and considerations of at-risk individuals, as defined 11 in section 2802(b)(4) of the Public Health Service 12 Act (42 U.S.C. 300hh–1(b)(4)), in the event of a 13 public health emergency declared by the Secretary 14 pursuant to section 319 of the Public Health Service 15 Act (42 U.S.C. 247d). 16 (2) TECHNICAL ASSISTANCE.—The technical 17 assistance described in paragraph (1) shall include— 18 (A) developing, identifying, evaluating, and 19 disseminating evidence-based or evidence-in20 formed strategies to improve health and address 21 other near-term or long-term outcomes for at22 risk individuals related to public health emer23 gencies, including by addressing such unique 24 needs and considerations in carrying out public 25 health and medical activities to prepare for, reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00761 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 762. 762 1 spond to, and recover from, such public health 2 emergencies; and 3 (B) assisting applicable entities, through 4 contracts or cooperative agreements, as appro5 priate, in the implementation of such evidence6 based strategies. 7 (3) CONSULTATION.—In carrying out activities 8 under paragraph (2), the Secretary shall take into 9 consideration relevant findings and recommendations 10 of, and, as appropriate, consult with, the National 11 Advisory Committee on Individuals with Disabilities 12 and Disasters established under section 2811C of 13 the Public Health Service Act (42 U.S.C. 300hh– 14 10d), the National Advisory Committee on Children 15 and Disasters under section 2811A of such Act (42 16 U.S.C. 300hh–10b), and the National Advisory 17 Committee on Seniors and Disasters under section 18 2811B of such Act (42 U.S.C. 300hh–10c). 19 (b) CRISIS STANDARDS OF CARE.—Not later than 2 20 years after the date of enactment of this Act, the Sec21 retary, acting through the Director of the Office for Civil 22 Rights of the Department of Health and Human Services, 23 shall issue guidance to States and localities on the develop24 ment or modification of State and local crisis standards 25 of care for use during the response to a public health VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00762 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 763. 763 1 emergency declared by the Governor of a State or by the 2 Secretary under section 319 of the Public Health Service 3 Act (42 U.S.C. 247d), or a major disaster or emergency 4 declared by the President under section 401 or 501, re5 spectively, of the Robert T. Stafford Disaster Relief and 6 Emergency Assistance Act (42 U.S.C. 5170, 5191) to en7 sure that such standards of care are consistent with the 8 nondiscrimination requirements of section 504 of the Re9 habilitation Act of 1973 (29 U.S.C. 794), title II of the 10 Americans with Disabilities Act of 1990 (42 U.S.C. 12131 11 et seq.), and the Age Discrimination Act of 1975 (42 12 U.S.C. 6101 et seq.). 13 SEC. 633. NATIONAL ADVISORY COMMITTEES. 14 (a) NATIONAL ADVISORY COMMITTEE ON CHILDREN 15 AND DISASTERS.—Subsection (g) of section 2811A of the 16 Public Health Service Act (42 U.S.C. 300hh–10b) is 17 amended to read as follows: 18 ‘‘(g) SUNSET.— 19 ‘‘(1) IN GENERAL.—The Advisory Committee 20 shall terminate on December 31, 2026. 21 ‘‘(2) EXTENSION OF ADVISORY COMMITTEE.— 22 Not later than October 1, 2025, the Secretary shall 23 submit to Congress a recommendation on whether 24 the Advisory Committee should be extended beyond 25 the date described in paragraph (1).’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00763 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 764. 764 1 (b) NATIONAL ADVISORY COMMITTEE ON SENIORS 2 AND DISASTERS.—Section 2811B of the Public Health 3 Service Act (42 U.S.C. 300hh–10c) is amended— 4 (1) in subsection (d)— 5 (A) in paragraph (1)— 6 (i) by inserting ‘‘and departments’’ 7 after ‘‘agencies’’; and 8 (ii) by striking ‘‘17 members’’ and in9 serting ‘‘25 members’’; and 10 (B) in paragraph (2)— 11 (i) by striking subparagraphs (J) and 12 (K); 13 (ii) by redesignating subparagraphs 14 (A) through (I) and (L) as clauses (i) 15 through (x), respectively, and adjusting the 16 margins accordingly; 17 (iii) by inserting before clause (i), as 18 so redesignated, the following: 19 ‘‘(B) FEDERAL MEMBERS.—The Federal 20 members shall include the following:’’; and 21 (iv) by inserting before subparagraph 22 (B), as so designated, the following: 23 ‘‘(A) NON-FEDERAL MEMBERS.—The Sec24 retary in consultation with such other heads of 25 agencies and departments as may be approVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00764 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 765. 765 1 priate, shall appoint to the Advisory Committee 2 under paragraph (1) at least 13 individuals, in3 cluding the following: 4 ‘‘(i) At least 3 non-Federal health 5 care providers with expertise in geriatric 6 medical disaster planning, preparedness, 7 response, or recovery. 8 ‘‘(ii) At least 3 representatives of 9 State, local, territorial, or Tribal agencies 10 with expertise in geriatric disaster plan11 ning, preparedness, response, or recovery. 12 ‘‘(iii) At least 2 non-Federal profes13 sionals with training in gerontology, such 14 as social workers, scientists, human serv15 ices specialists, or other non-medical pro16 fessionals, with experience in disaster plan17 ning, preparedness, response, or recovery 18 among other adults.’’; and 19 (2) by amending subsection (g) to read as fol20 lows: 21 ‘‘(g) SUNSET.—The Advisory Committee shall termi22 nate on December 31, 2026.’’. 23 (c) NATIONAL ADVISORY COMMITTEE ON INDIVID24 UALS WITH DISABILITIES AND DISASTERS.—Section VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00765 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 766. 766 1 2811C of the Public Health Service Act (42 U.S.C. 2 300hh–10d) is amended— 3 (1) by redesignating subsections (c) through (g) 4 as subsections (d) through (h), respectively; 5 (2) by inserting after subsection (b) the fol6 lowing: 7 ‘‘(c) ADDITIONAL DUTIES.—The Advisory Committee 8 may provide advice and recommendations to the Secretary 9 with respect to individuals with disabilities and the med10 ical and public health grants and cooperative agreements 11 as applicable to preparedness and response activities 12 under this title and title III.’’; 13 (3) in subsection (d), as so redesignated— 14 (A) in paragraph (1), by striking ‘‘17 15 members’’ and inserting ‘‘25 members’’; 16 (B) in paragraph (2)— 17 (i) by striking subparagraphs (K) 18 through (M); 19 (ii) by redesignating subparagraphs 20 (A) through (J) as clauses (i) through (x), 21 respectively, and adjusting the margins ac22 cordingly; 23 (iii) by inserting before clause (i), as 24 so redesignated, the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00766 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 767. 767 1 ‘‘(B) FEDERAL MEMBERS.—The Federal 2 members shall include the following:’’; 3 (iv) by adding at the end of subpara4 graph (B), as so designated, the following: 5 ‘‘(xi) Representatives of such other 6 Federal agencies as the Secretary deter7 mines necessary to fulfill the duties of the 8 Advisory Committee.’’; and 9 (v) by inserting before subparagraph 10 (B), as so designated, the following: 11 ‘‘(A) NON-FEDERAL MEMBERS.—The Sec12 retary in consultation with such other heads of 13 agencies and departments as may be appro14 priate, shall appoint to the Advisory Committee 15 under paragraph (1) at least 13 individuals, in16 cluding the following: 17 ‘‘(i) At least 4 non-Federal health 18 care professionals with expertise in dis19 ability accessibility before, during, and 20 after disasters, medical and mass care dis21 aster planning, preparedness, response, or 22 recovery. 23 ‘‘(ii) At least 3 representatives of 24 State, local, Tribal, or territorial agencies 25 with expertise in disaster planning, preVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00767 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 768. 768 1 paredness, response, or recovery for indi2 viduals with disabilities. 3 ‘‘(iii) At least 4 individuals with a dis4 ability with expertise in disaster planning, 5 preparedness, response, or recovery for in6 dividuals with disabilities. 7 ‘‘(iv) Other members as the Secretary 8 determines appropriate, of whom— 9 ‘‘(I) at least one such member 10 shall represent a local, State, or na11 tional organization with expertise in 12 individuals with disabilities; 13 ‘‘(II) at least one such member 14 shall be an individual with a dis15 ability; and 16 ‘‘(III) at least one such member 17 shall be an individual with expertise in 18 the needs of housing services, includ19 ing during the response to, and recov20 ery from, disasters.’’; and 21 (C) by adding at the end the following: 22 ‘‘(3) CONSIDERATION.—In appointing members, 23 including the Chair, to the Committee under this 24 subsection, the Secretary may give consideration to 25 disability status.’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00768 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 769. 769 1 (4) by amending subsection (h), as so redesig2 nated, to read as follows: 3 ‘‘(h) SUNSET.—The Advisory Committee shall termi4 nate on December 31, 2026.’’. 5 SEC. 634. NATIONAL ACADEMIES STUDY ON PRIZES. 6 (a) IN GENERAL.—Not later than 90 days after the 7 date of enactment of this Act, the Secretary of Health and 8 Human Services shall seek to enter into an agreement 9 with the National Academies of Sciences, Engineering, 10 and Medicine (referred to in this section as the ‘‘National 11 Academies’’) to conduct a study to examine— 12 (1) alternative models for directly funding, or 13 stimulating investment in, biomedical research and 14 development that delink research and development 15 costs from the prices of drugs, including the pro16 gressive replacement of patents and regulatory 17 exclusivities on new drugs with a combination of ex18 panded support for research and innovation prizes to 19 reward the successful development of drugs or 20 achievement of related milestones; 21 (2) the dollar amount of innovation prizes for 22 different stages of research and development of dif23 ferent classes or types of drugs, and total annual 24 funding, that would be necessary to stimulate investVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00769 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 770. 770 1 ment sufficient to achieve such successful drug de2 velopment and related milestones; 3 (3) the relative effectiveness and efficiency of 4 such alternative models in stimulating innovation, 5 compared to the status quo that includes patents 6 and regulatory exclusivities; 7 (4) strategies to implement such alternative 8 models described in paragraph (1), including a 9 phased transition; and 10 (5) the anticipated economic and societal im11 pacts of such alternative models, including an as12 sessment of impact on— 13 (A) the number and variety of new drugs 14 that would be developed, approved, and mar15 keted in the United States, including such new 16 drugs intended to prevent, diagnose, or treat a 17 rare disease or condition; 18 (B) the rate at which new drugs would be 19 developed, approved, and marketed in the 20 United States; 21 (C) access to medication; 22 (D) health outcomes; 23 (E) average lifespan and disease burden in 24 the United States; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00770 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 771. 771 1 (F) the number of manufacturers that 2 would be seeking approval for a drug or bring3 ing a drug to market for the first time; 4 (G) Federal discretionary and mandatory 5 spending; and 6 (H) public and private insurance markets. 7 (b) REQUIREMENTS.—In conducting the study pursu8 ant to subsection (a), the National Academies shall hold 9 not fewer than 2 public listening sessions to solicit feed10 back from interested parties, including representatives of 11 academia, professional societies, patient advocates, public 12 health organizations, relevant Federal departments and 13 agencies, drug developers, representatives of other rel14 evant industries, and subject matter experts. 15 (c) REPORT.—Not later than 2 years after the agree16 ment under subsection (a), the National Academies shall 17 submit to the Committee on Health, Education, Labor, 18 and Pensions and the Committee on Appropriations of the 19 Senate and the Committee on Energy and Commerce and 20 the Committee on Appropriations of the House of Rep21 resentatives a report on the study conducted pursuant to 22 subsection (a). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00771 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 772. 772 1 Subtitle D—Additional 2 Reauthorizations 3 SEC. 641. MEDICAL COUNTERMEASURE PRIORITY REVIEW 4 VOUCHER. 5 Section 565A(g) of the Federal Food, Drug, and Cos6 metic Act (21 U.S.C. 360bbb–4a) is amended by striking 7 ‘‘October 1, 2023’’ and inserting ‘‘December 31, 2026’’. 8 SEC. 642. EPIDEMIC INTELLIGENCE SERVICE. 9 Section 317F(c)(2) of the Public Health Service Act 10 (42 U.S.C. 247b–7(c)(2)) is amended by striking ‘‘2019 11 through 2023’’ and inserting ‘‘2025 and 2026, to remain 12 available through December 31, 2026’’. 13 SEC. 643. MONITORING AND DISTRIBUTION OF CERTAIN 14 MEDICAL COUNTERMEASURES. 15 Section 319A(e) of the Public Health Service Act (42 16 U.S.C. 247d–1(e)) is amended by striking ‘‘2019 through 17 2023’’ and inserting ‘‘2025 and 2026, to remain available 18 through December 31, 2026’’. 19 SEC. 644. REGIONAL HEALTH CARE EMERGENCY PRE20 PAREDNESS AND RESPONSE SYSTEMS. 21 Section 319C–3 of the Public Health Service Act (42 22 U.S.C. 247d–3c) is amended— 23 (1) in subsection (b)(3), by striking ‘‘under 24 the’’ and all that follows through ‘‘such Act)’’ and 25 inserting ‘‘under law’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00772 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 773. 773 1 (2) in subsection (e)(2), by striking ‘‘September 2 30, 2023’’ and inserting ‘‘December 31, 2026’’. 3 SEC. 645. EMERGENCY SYSTEM FOR ADVANCE REGISTRA4 TION OF VOLUNTEER HEALTH PROFES5 SIONALS. 6 (1) IN GENERAL.—Section 319I of the Public 7 Health Service Act (42 U.S.C. 247d–7b) is amend8 ed— 9 (A) in subsection (a), by striking ‘‘Not 10 later than 12 months after the date of enact11 ment of the Pandemic and All-Hazards Pre12 paredness Act, the Secretary shall link existing 13 State verification systems to maintain a single 14 national interoperable network of systems,’’ and 15 inserting ‘‘The Secretary shall continue to 16 maintain a single national interoperable net17 work of verification systems,’’ and 18 (B) in subsection (k), by striking ‘‘2019 19 through 2023’’ and inserting ‘‘2025 and 2026, 20 to remain available through December 31, 21 2026’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00773 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 774. 774 1 SEC. 646. ENSURING COLLABORATION AND COORDINATION 2 IN MEDICAL COUNTERMEASURE DEVELOP3 MENT. 4 Section 319L–1(b) of the Public Health Service Act 5 (42 U.S.C. 247d–7f(b)) is amended by striking ‘‘Decem6 ber 31, 2024’’ and inserting ‘‘December 31, 2026’’. 7 SEC. 647. MILITARY AND CIVILIAN PARTNERSHIP FOR 8 TRAUMA READINESS. 9 Section 1291(g) of the Public Health Service Act (42 10 U.S.C. 300d–91(g)) is amended by striking ‘‘2019 11 through 2023’’ and inserting ‘‘2025 and 2026, to remain 12 available through December 31, 2026’’. 13 SEC. 648. NATIONAL DISASTER MEDICAL SYSTEM. 14 Section 2812 of the Public Health Service Act (42 15 U.S.C. 300hh–11) is amended— 16 (1) in subsection (c)(4)(B), by striking ‘‘Decem17 ber 31, 2024’’ and inserting ‘‘December 31, 2026’’; 18 and 19 (2) in subsection (g), by striking ‘‘$57,400,000 20 for each of fiscal years 2019 through 2023’’ and in21 serting ‘‘$65,900,000 for each of fiscal years 2025 22 and 2026, to remain available through December 31, 23 2026’’. 24 SEC. 649. VOLUNTEER MEDICAL RESERVE CORPS. 25 Section 2813(i) of the Public Health Service Act (42 26 U.S.C. 300hh–15(i)) is amended by striking ‘‘2019 VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00774 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 775. 775 1 through 2023’’ and inserting ‘‘2025 through 2026, to re2 main available through December 31, 2026’’. 3 SEC. 649A. EPIDEMIOLOGY-LABORATORY CAPACITY. 4 Section 2821(b) of the Public Health Service Act (42 5 U.S.C. 300hh–31(b)) is amended, in the matter preceding 6 paragraph (1), by striking ‘‘2019 through 2023’’ and in7 serting ‘‘2025 and 2026, to remain available through De8 cember 31, 2026’’. 9 TITLE VII—PUBLIC HEALTH 10 PROGRAMS 11 SEC. 701. ACTION FOR DENTAL HEALTH. 12 Section 340G(f) of the Public Health Service Act (42 13 U.S.C. 256g(f)) is amended by striking ‘‘$13,903,000 for 14 each of fiscal years 2019 through 2023’’ and inserting 15 ‘‘$15,000,000 for each of fiscal years 2025 through 2029, 16 to remain available until expended’’. 17 SEC. 702. PREEMIE. 18 (a) RESEARCH RELATING TO PRETERM LABOR AND 19 DELIVERY AND THE CARE, TREATMENT, AND OUTCOMES 20 OF PRETERM AND LOW BIRTHWEIGHT INFANTS.— 21 (1) IN GENERAL.—Section 3(e) of the Pre22 maturity Research Expansion and Education for 23 Mothers who deliver Infants Early Act (42 U.S.C. 24 247b–4f(e)) is amended by striking ‘‘fiscal years VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00775 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 776. 776 1 2019 through 2023’’ and inserting ‘‘fiscal years 2 2025 through 2029’’. 3 (2) TECHNICAL CORRECTION.—Effective as if 4 included in the enactment of the PREEMIE Reau5 thorization Act of 2018 (Public Law 115–328), sec6 tion 2 of such Act is amended, in the matter pre7 ceding paragraph (1), by striking ‘‘Section 2’’ and 8 inserting ‘‘Section 3’’. 9 (b) INTERAGENCY WORKING GROUP.—Section 5(a) 10 of the PREEMIE Reauthorization Act of 2018 (Public 11 Law 115–328) is amended by striking ‘‘The Secretary of 12 Health and Human Services, in collaboration with other 13 departments, as appropriate, may establish’’ and inserting 14 ‘‘Not later than 18 months after the date of the enactment 15 of the Health Improvements, Extenders, and Reauthoriza16 tions Act, the Secretary of Health and Human Services, 17 in collaboration with other departments, as appropriate, 18 shall establish’’. 19 (c) STUDY ON PRETERM BIRTHS.— 20 (1) IN GENERAL.—The Secretary of Health and 21 Human Services shall enter into appropriate ar22 rangements with the National Academies of 23 Sciences, Engineering, and Medicine under which 24 the National Academies shall— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00776 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 777. 777 1 (A) not later than 30 days after the date 2 of enactment of this Act, convene a committee 3 of experts in maternal health to study pre4 mature births in the United States; and 5 (B) upon completion of the study under 6 subparagraph (A)— 7 (i) approve by consensus a report on 8 the results of such study; 9 (ii) include in such report— 10 (I) an assessment of each of the 11 topics listed in paragraph (2); 12 (II) the analysis required by 13 paragraph (3); and 14 (III) the raw data used to de15 velop such report; and 16 (iii) not later than 24 months after 17 the date of enactment of this Act, transmit 18 such report to— 19 (I) the Secretary of Health and 20 Human Services; 21 (II) the Committee on Energy 22 and Commerce of the House of Rep23 resentatives; and 24 (III) the Committee on Finance 25 and the Committee on Health, EduVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00777 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 778. 778 1 cation, Labor, and Pensions of the 2 Senate. 3 (2) ASSESSMENT TOPICS.—The topics listed in 4 this subsection are each of the following: 5 (A) The financial costs of premature birth 6 to society, including— 7 (i) an analysis of stays in neonatal in8 tensive care units and the cost of such 9 stays; 10 (ii) long-term costs of stays in such 11 units to society and the family involved 12 post-discharge; and 13 (iii) health care costs for families 14 post-discharge from such units (such as 15 medications, therapeutic services, co-pay16 ments for visits, and specialty equipment). 17 (B) The factors that impact preterm birth 18 rates. 19 (C) Opportunities for earlier detection of 20 premature birth risk factors, including— 21 (i) opportunities to improve maternal 22 and infant health; and 23 (ii) opportunities for public health 24 programs to provide support and resources VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00778 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 779. 779 1 for parents in-hospital, in non-hospital set2 tings, and post-discharge. 3 (3) ANALYSIS.—The analysis required by this 4 subsection is an analysis of— 5 (A) targeted research strategies to develop 6 effective drugs, treatments, or interventions to 7 bring at-risk pregnancies to term; 8 (B) State and other programs’ best prac9 tices with respect to reducing premature birth 10 rates; and 11 (C) precision medicine and preventative 12 care approaches starting early in the life course 13 (including during pregnancy) with a focus on 14 behavioral and biological influences on pre15 mature birth, child health, and the trajectory of 16 such approaches into adulthood. 17 SEC. 703. PREVENTING MATERNAL DEATHS. 18 (a) MATERNAL MORTALITY REVIEW COMMITTEE.— 19 Section 317K(d) of the Public Health Service Act (42 20 U.S.C. 247b–12(d)) is amended— 21 (1) in paragraph (1)(A), by inserting ‘‘(includ22 ing obstetricians and gynecologists)’’ after ‘‘clinical 23 specialties’’; and 24 (2) in paragraph (3)(A)(i)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00779 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 780. 780 1 (A) in subclause (I), by striking ‘‘as appli2 cable’’ and inserting ‘‘if available’’; and 3 (B) in subclause (III), by striking ‘‘, as ap4 propriate’’ and inserting ‘‘and coordinating with 5 death certifiers to improve the collection of 6 death record reports and the quality of death 7 records, including by amending cause-of-death 8 information on a death certificate, as appro9 priate’’. 10 (b) BEST PRACTICES RELATING TO THE PREVEN11 TION OF MATERNAL MORTALITY.—Section 317K of the 12 Public Health Service Act (42 U.S.C. 247b–12) is amend13 ed— 14 (1) by redesignating subsections (e) and (f) as 15 subsections (f) and (g), respectively; and 16 (2) by inserting after subsection (d) the fol17 lowing: 18 ‘‘(e) BEST PRACTICES RELATING TO THE PREVEN19 TION OF MATERNAL MORTALITY.— 20 ‘‘(1) IN GENERAL.—The Secretary, acting 21 through the Director of the Centers for Disease 22 Control and Prevention, shall, in consultation with 23 the Administrator of the Health Resources and Serv24 ices Administration, disseminate to hospitals, State 25 professional society groups, and perinatal quality VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00780 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 781. 781 1 collaboratives, best practices on how to prevent ma2 ternal mortality and morbidity that consider and re3 flect best practices identified through other relevant 4 Federal maternal health programs. 5 ‘‘(2) FREQUENCY.—The Secretary, acting 6 through the Director of the Centers for Disease 7 Control and Prevention, shall disseminate the best 8 practices referred to in paragraph (1) not less than 9 once per fiscal year.’’. 10 (c) EXTENSION.—Subsection (g) of section 317K of 11 the Public Health Service Act (42 U.S.C. 247b–12), as 12 redesignated by subsection (b), is amended by striking 13 ‘‘$58,000,000 for each of fiscal years 2019 through 2023’’ 14 and inserting ‘‘$100,000,000 for each of fiscal years 2025 15 through 2029’’. 16 SEC. 704. SICKLE CELL DISEASE PREVENTION AND TREAT17 MENT. 18 (a) IN GENERAL.—Section 1106(b) of the Public 19 Health Service Act (42 U.S.C. 300b–5(b)) is amended— 20 (1) in paragraph (1)(A)(iii), by striking ‘‘pre21 vention and treatment of sickle cell disease’’ and in22 serting ‘‘treatment of sickle cell disease and the pre23 vention and treatment of complications of sickle cell 24 disease’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00781 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 782. 782 1 (2) in paragraph (2)(D), by striking ‘‘preven2 tion and treatment of sickle cell disease’’ and insert3 ing ‘‘treatment of sickle cell disease and the preven4 tion and treatment of complications of sickle cell dis5 ease’’; 6 (3) in paragraph (3)— 7 (A) in subparagraph (A), by striking 8 ‘‘enter into a contract with’’ and inserting 9 ‘‘make a grant to, or enter into a contract or 10 cooperative agreement with,’’; and 11 (B) in subparagraph (B), in each of 12 clauses (ii) and (iii), by striking ‘‘prevention 13 and treatment of sickle cell disease’’ and insert14 ing ‘‘treatment of sickle cell disease and the 15 prevention and treatment of complications of 16 sickle cell disease’’; and 17 (4) in paragraph (6), by striking ‘‘$4,455,000 18 for each of fiscal years 2019 through 2023’’ and in19 serting ‘‘$8,205,000 for each of fiscal years 2025 20 through 2029’’. 21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that further research should be undertaken to ex23 pand the understanding of the causes of, and to find cures 24 for, heritable blood disorders, including sickle cell disease. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00782 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 783. 783 1 SEC. 705. TRAUMATIC BRAIN INJURIES. 2 (a) THE BILL PASCRELL, JR., NATIONAL PROGRAM 3 FOR TRAUMATIC BRAIN INJURY SURVEILLANCE AND 4 REGISTRIES.— 5 (1) PREVENTION OF TRAUMATIC BRAIN IN6 JURY.—Section 393B of the Public Health Service 7 Act (42 U.S.C. 280b–1c) is amended— 8 (A) in subsection (a), by inserting ‘‘and 9 prevalence’’ after ‘‘incidence’’; 10 (B) in subsection (b)— 11 (i) in paragraph (1), by inserting 12 ‘‘and reduction of associated injuries and 13 fatalities’’ before the semicolon; 14 (ii) in paragraph (2), by inserting 15 ‘‘and related risk factors’’ before the semi16 colon; and 17 (iii) in paragraph (3)— 18 (I) in the matter preceding sub19 paragraph (A), by striking ‘‘2020’’ 20 each place it appears and inserting 21 ‘‘2030’’; and 22 (II) in subparagraph (A)— 23 (aa) in clause (i), by striking 24 ‘‘; and’’ and inserting a semi25 colon; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00783 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 784. 784 1 (bb) by redesignating clause 2 (ii) as clause (iv); 3 (cc) by inserting after clause 4 (i) the following: 5 ‘‘(ii) populations at higher risk of 6 traumatic brain injury, including popu7 lations whose increased risk is due to occu8 pational or circumstantial factors; 9 ‘‘(iii) causes of, and risk factors for, 10 traumatic brain injury; and’’; and 11 (dd) in clause (iv), as so re12 designated, by striking ‘‘arising 13 from traumatic brain injury’’ and 14 inserting ‘‘, which may include 15 related mental health and other 16 conditions, arising from trau17 matic brain injury, including’’; 18 and 19 (C) in subsection (c), by inserting ‘‘, and 20 other relevant Federal departments and agen21 cies’’ before the period at the end. 22 (2) NATIONAL PROGRAM FOR TRAUMATIC 23 BRAIN INJURY SURVEILLANCE AND REGISTRIES.— 24 Section 393C of the Public Health Service Act (42 25 U.S.C. 280b–1d) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00784 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 785. 785 1 (A) by amending the section heading to 2 read as follows: ‘‘THE BILL PASCRELL, JR., 3 NATIONAL PROGRAM FOR TRAUMATIC 4 BRAIN INJURY SURVEILLANCE AND REG5 ISTRIES’’; 6 (B) in subsection (a)— 7 (i) in the matter preceding paragraph 8 (1), by inserting ‘‘to identify populations 9 that may be at higher risk for traumatic 10 brain injuries, to collect data on the causes 11 of, and risk factors for, traumatic brain in12 juries,’’ after ‘‘related disability,’’; 13 (ii) in paragraph (1), by inserting ‘‘, 14 including the occupation of the individual, 15 when relevant to the circumstances sur16 rounding the injury’’ before the semicolon; 17 and 18 (iii) in paragraph (4), by inserting 19 ‘‘short- and long-term’’ before ‘‘outcomes’’; 20 (C) by striking subsection (b); 21 (D) by redesignating subsection (c) as sub22 section (b); 23 (E) in subsection (b), as so redesignated, 24 by inserting ‘‘and evidence-based practices to VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00785 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 786. 786 1 identify and address concussion’’ before the pe2 riod at the end; and 3 (F) by adding at the end the following: 4 ‘‘(c) AVAILABILITY OF INFORMATION.—The Sec5 retary, acting through the Director of the Centers for Dis6 ease Control and Prevention, shall make publicly available 7 aggregated information on traumatic brain injury and 8 concussion described in this section, including on the 9 website of the Centers for Disease Control and Prevention. 10 Such website, to the extent feasible, shall include aggre11 gated information on populations that may be at higher 12 risk for traumatic brain injuries and strategies for pre13 venting or reducing risk of traumatic brain injury that are 14 tailored to such populations.’’. 15 (3) AUTHORIZATION OF APPROPRIATIONS.— 16 Section 394A of the Public Health Service Act (42 17 U.S.C. 280b–3) is amended— 18 (A) in subsection (a), by striking ‘‘1994, 19 and’’ and inserting ‘‘1994,’’; and 20 (B) in subsection (b), by striking ‘‘2020 21 through 2024’’ and inserting ‘‘2025 through 22 2029’’. 23 (b) STATE GRANT PROGRAMS.— 24 (1) STATE GRANTS FOR PROJECTS REGARDING 25 TRAUMATIC BRAIN INJURY.—Section 1252 of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00786 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 787. 787 1 Public Health Service Act (42 U.S.C. 300d–52) is 2 amended— 3 (A) in subsection (b)(2)— 4 (i) by inserting ‘‘, taking into consid5 eration populations that may be at higher 6 risk for traumatic brain injuries’’ after 7 ‘‘outreach programs’’; and 8 (ii) by inserting ‘‘Tribal,’’ after 9 ‘‘State,’’; 10 (B) in subsection (c), by adding at the end 11 the following: 12 ‘‘(3) MAINTENANCE OF EFFORT.—With respect 13 to activities for which a grant awarded under sub14 section (a) is to be expended, a State or American 15 Indian consortium shall agree to maintain expendi16 tures of non-Federal amounts for such activities at 17 a level that is not less than the level of such expendi18 tures maintained by the State or American Indian 19 consortium for the fiscal year preceding the fiscal 20 year for which the State or American Indian consor21 tium receives such a grant. 22 ‘‘(4) WAIVER.—The Secretary may, upon the 23 request of a State or American Indian consortium, 24 waive not more than 50 percent of the matching 25 fund amount under paragraph (1), if the Secretary VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00787 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 788. 788 1 determines that such matching fund amount would 2 result in an inability of the State or American In3 dian consortium to carry out the purposes under 4 subsection (a). A waiver provided by the Secretary 5 under this paragraph shall apply only to the fiscal 6 year involved.’’; 7 (C) in subsection (e)(3)(B)— 8 (i) by striking ‘‘(such as third party 9 payers, State agencies, community-based 10 providers, schools, and educators)’’; and 11 (ii) by inserting ‘‘(such as third party 12 payers, State agencies, community-based 13 providers, schools, and educators)’’ after 14 ‘‘professionals’’; 15 (D) in subsection (h), by striking para16 graphs (1) and (2) and inserting the following: 17 ‘‘(1) AMERICAN INDIAN CONSORTIUM; STATE.— 18 The terms ‘American Indian consortium’ and ‘State’ 19 have the meanings given such terms in section 1253. 20 ‘‘(2) TRAUMATIC BRAIN INJURY.— 21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the term ‘traumatic brain injury’— 23 ‘‘(i) means an acquired injury to the 24 brain; 25 ‘‘(ii) may include— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00788 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 789. 789 1 ‘‘(I) brain injuries caused by an2 oxia due to trauma; and 3 ‘‘(II) damage to the brain from 4 an internal or external source that re5 sults in infection, toxicity, surgery, or 6 vascular disorders not associated with 7 aging; and 8 ‘‘(iii) does not include brain dysfunc9 tion caused by congenital or degenerative 10 disorders, or birth trauma. 11 ‘‘(B) REVISIONS TO DEFINITION.—The 12 Secretary may revise the definition of the term 13 ‘traumatic brain injury’ under this paragraph, 14 as the Secretary determines necessary, after 15 consultation with States and other appropriate 16 public or nonprofit private entities.’’; and 17 (E) in subsection (i), by striking ‘‘2020 18 through 2024’’ and inserting ‘‘2025 through 19 2029’’. 20 (2) STATE GRANTS FOR PROTECTION AND AD21 VOCACY SERVICES.—Section 1253(l) of the Public 22 Health Service Act (42 U.S.C. 300d–53(l)) is 23 amended by striking ‘‘2020 through 2024’’ and in24 serting ‘‘2025 through 2029’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00789 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 790. 790 1 (c) REPORT TO CONGRESS.—Not later than 2 years 2 after the date of enactment of this Act, the Secretary of 3 Health and Human Services (referred to in this Act as 4 the ‘‘Secretary’’) shall submit to the Committee on 5 Health, Education, Labor, and Pensions of the Senate and 6 the Committee on Energy and Commerce of the House 7 of Representatives a report that contains— 8 (1) an overview of populations who may be at 9 higher risk for traumatic brain injury, such as indi10 viduals affected by domestic violence or sexual as11 sault and public safety officers as defined in section 12 1204 of the Omnibus Crime Control and Safe 13 Streets Act of 1968 (34 U.S.C. 10284); 14 (2) an outline of existing surveys and activities 15 of the Centers for Disease Control and Prevention 16 on traumatic brain injuries and any steps the agency 17 has taken to address gaps in data collection related 18 to such higher risk populations, which may include 19 leveraging surveys such as the National Intimate 20 Partner and Sexual Violence Survey to collect data 21 on traumatic brain injuries; 22 (3) an overview of any outreach or education ef23 forts to reach such higher risk populations; and 24 (4) any challenges associated with reaching 25 such higher risk populations. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00790 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 791. 791 1 (d) STUDY ON LONG-TERM SYMPTOMS OR CONDI2 TIONS RELATED TO TRAUMATIC BRAIN INJURY.— 3 (1) IN GENERAL.—The Secretary, in consulta4 tion with stakeholders and the heads of other rel5 evant Federal departments and agencies, as appro6 priate, shall conduct, either directly or through a 7 contract with a nonprofit private entity, a study to— 8 (A) examine the incidence and prevalence 9 of long-term or chronic symptoms or conditions 10 in individuals who have experienced a traumatic 11 brain injury; 12 (B) examine the evidence base of research 13 related to the chronic effects of traumatic brain 14 injury across the lifespan; 15 (C) examine any correlations between trau16 matic brain injury and increased risk of other 17 conditions, such as dementia and mental health 18 conditions; 19 (D) assess existing services available for 20 individuals with such long-term or chronic 21 symptoms or conditions; and 22 (E) identify any gaps in research related to 23 such long-term or chronic symptoms or condi24 tions of individuals who have experienced a 25 traumatic brain injury. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00791 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 792. 792 1 (2) PUBLIC REPORT.—Not later than 2 years 2 after the date of enactment of this Act, the Sec3 retary shall— 4 (A) submit to the Committee on Energy 5 and Commerce of the House of Representatives 6 and the Committee on Health, Education, 7 Labor, and Pensions of the Senate a report de8 tailing the findings, conclusions, and rec9 ommendations of the study described in para10 graph (1); and 11 (B) in the case that such study is con12 ducted directly by the Secretary, make the re13 port described in subparagraph (A) publicly 14 available on the website of the Department of 15 Health and Human Services. 16 SEC. 706. LIFESPAN RESPITE CARE. 17 (a) DEFINITION OF FAMILY CAREGIVER.—Section 18 2901(5) of the Public Health Service Act (42 U.S.C. 19 300ii(5)) is amended by striking ‘‘unpaid adult’’ and in20 serting ‘‘unpaid individual’’. 21 (b) FUNDING.—Section 2905 of the Public Health 22 Service Act (42 U.S.C. 300ii–4) is amended by striking 23 ‘‘fiscal years 2020 through fiscal year 2024’’ and inserting 24 ‘‘fiscal years 2025 through 2029’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00792 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 793. 793 1 SEC. 707. DR. LORNA BREEN HEALTH CARE PROVIDER PRO2 TECTION. 3 (a) DISSEMINATION OF BEST PRACTICES.— Section 4 2 of the Dr. Lorna Breen Health Care Provider Protection 5 Act (Public Law 117–105) is amended by striking ‘‘2 6 years’’ and inserting ‘‘5 years’’. 7 (b) EDUCATION AND AWARENESS INITIATIVE EN8 COURAGING USE OF MENTAL HEALTH AND SUBSTANCE 9 USE DISORDER SERVICES BY HEALTH CARE PROFES10 SIONALS.—Section 3 of the Dr. Lorna Breen Health Care 11 Provider Protection Act (Public Law 117–105) is amend12 ed— 13 (1) in subsection (b), by inserting ‘‘and annu14 ally thereafter,’’ after ‘‘of this Act,’’; and 15 (2) in subsection (c), by striking ‘‘2022 through 16 2024’’ and inserting ‘‘2025 through 2029’’. 17 (c) PROGRAMS TO PROMOTE MENTAL HEALTH 18 AMONG THE HEALTH PROFESSIONAL WORKFORCE.—The 19 second section 764 of the Public Health Service Act (42 20 U.S.C. 294t), as added by section 4 of the Dr. Lorna 21 Breen Health Care Provider Protection Act (Public Law 22 117–105), is amended— 23 (1) by redesignating such section 764 as section 24 764A; 25 (2) in subsection (a)(3)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00793 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 794. 794 1 (A) by striking ‘‘to eligible entities in’’ and 2 inserting ‘‘to eligible entities that— 3 ‘‘(A) are in’’; 4 (B) by striking the period and inserting ‘‘; 5 or’’; and 6 (C) by adding at the end the following: 7 ‘‘(B) have a focus on the reduction of ad8 ministrative burden on health care workers.’’; 9 (3) in subsection (c), by inserting ‘‘not less 10 than’’ after ‘‘period of’’; and 11 (4) in subsection (f), by striking ‘‘2022 through 12 2024’’ and inserting ‘‘2025 through 2029’’. 13 SEC. 708. GABRIELLA MILLER KIDS FIRST RESEARCH. 14 (a) FUNDING FOR THE PEDIATRIC RESEARCH INI15 TIATIVE.— 16 (1) IN GENERAL.—The Public Health Service 17 Act (42 U.S.C. 201 et seq.) is amended— 18 (A) in section 402A(a)(2) (42 U.S.C. 19 282a(a)(2))— 20 (i) in the heading— 21 (I) by striking ‘‘10-YEAR’’; and 22 (II) by striking ‘‘THROUGH COM23 MON FUND’’; 24 (ii) by striking ‘‘to the Common 25 Fund’’ and inserting ‘‘to the Division of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00794 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 795. 795 1 Program Coordination, Planning, and 2 Strategic Initiatives’’; 3 (iii) by striking ‘‘10-Year’’; 4 (iv) by striking ‘‘and reserved under 5 subsection (c)(1)(B)(i) of this section’’; 6 and 7 (v) by striking ‘‘2014 through 2023’’ 8 and inserting ‘‘2025 through 2031’’; 9 (B) in each of paragraphs (1)(A) and 10 (2)(C) of section 402A(c) (42 U.S.C. 282a(c)), 11 by striking ‘‘section 402(b)(7)(B)’’ and insert12 ing ‘‘section 402(b)(7)(B)(i)’’; and 13 (C) in section 402(b)(7)(B)(ii) (42 U.S.C. 14 282(b)(7)(B)(ii)), by striking ‘‘the Common 15 Fund’’ and inserting ‘‘the Division of Program 16 Coordination, Planning, and Strategic Initia17 tives’’. 18 (2) CONFORMING AMENDMENT.—Section 19 9008(i)(2) of the Internal Revenue Code of 1986 20 (26 U.S.C. 9008(i)(2)) is amended by striking ‘‘10- 21 Year’’. 22 (b) COORDINATION OF NIH FUNDING FOR PEDI23 ATRIC RESEARCH.— 24 (1) SENSE OF CONGRESS.—It is the sense of 25 the Congress that the Director of the National InstiVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00795 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 796. 796 1 tutes of Health should continue to oversee and co2 ordinate research that is conducted or supported by 3 the National Institutes of Health for research on pe4 diatric cancer and other pediatric diseases and con5 ditions, including through the Pediatric Research 6 Initiative Fund. 7 (2) AVOIDING DUPLICATION.—Section 8 402(b)(7)(B)(ii) of the Public Health Service Act 9 (42 U.S.C. 282(b)(7)(B)(ii)) is amended by inserting 10 ‘‘and shall prioritize, as appropriate, such pediatric 11 research that does not duplicate existing research 12 activities of the National Institutes of Health’’ be13 fore ‘‘; and’’. 14 (c) REPORT ON PROGRESS AND INVESTMENTS IN PE15 DIATRIC RESEARCH.—Not later than 5 years after the 16 date of the enactment of this Act, the Secretary of Health 17 and Human Services shall submit to the Committee on 18 Energy and Commerce of the House of Representatives 19 and the Committee on Health, Education, Labor, and 20 Pensions of the Senate a report that— 21 (1) details pediatric research projects and ini22 tiatives receiving funds allocated pursuant to section 23 402(b)(7)(B)(ii) of the Public Health Service Act 24 (42 U.S.C. 282(b)(7)(B)(ii)); and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00796 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 797. 797 1 (2) summarizes advancements made in pediatric 2 research with funds allocated pursuant to such sec3 tion. 4 SEC. 709. SCREENS FOR CANCER. 5 (a) NATIONAL BREAST AND CERVICAL CANCER 6 EARLY DETECTION PROGRAM.—Title XV of the Public 7 Health Service Act (42 U.S.C. 300k et seq.) is amended— 8 (1) in section 1501 (42 U.S.C. 300k)— 9 (A) in subsection (a)— 10 (i) in paragraph (2), by striking ‘‘the 11 provision of appropriate follow-up services 12 and support services such as case manage13 ment’’ and inserting ‘‘that appropriate fol14 low-up services are provided’’; 15 (ii) in paragraph (3), by striking 16 ‘‘programs for the detection and control’’ 17 and inserting ‘‘for the prevention, detec18 tion, and control’’; 19 (iii) in paragraph (4), by striking ‘‘the 20 detection and control’’ and inserting ‘‘the 21 prevention, detection, and control’’; 22 (iv) in paragraph (5)— 23 (I) by striking ‘‘monitor’’ and in24 serting ‘‘ensure’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00797 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 798. 798 1 (II) by striking ‘‘; and’’ and in2 serting a semicolon; 3 (v) by redesignating paragraph (6) as 4 paragraph (9); 5 (vi) by inserting after paragraph (5) 6 the following: 7 ‘‘(6) to enhance appropriate support activities 8 to increase breast and cervical cancer screenings, 9 such as navigation of health care services, implemen10 tation of evidence-based or evidence-informed strate11 gies to increase breast and cervical cancer screening 12 in health care settings, and facilitation of access to 13 health care settings; 14 ‘‘(7) to reduce disparities in breast and cervical 15 cancer incidence, morbidity, and mortality, including 16 in populations with higher than average rates; 17 ‘‘(8) to improve access to breast and cervical 18 cancer screening and diagnostic services and reduce 19 related barriers, including factors that relate to neg20 ative health outcomes; and’’; and 21 (vii) in paragraph (9), as so redesig22 nated, by striking ‘‘through (5)’’ and in23 serting ‘‘through (8)’’; and 24 (B) by striking subsection (d); 25 (2) in section 1503 (42 U.S.C. 300m)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00798 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 799. 799 1 (A) in subsection (a)— 2 (i) in paragraph (1), by striking 3 ‘‘that, initially’’ and all that follows 4 through the semicolon and inserting ‘‘that 5 appropriate breast and cervical cancer 6 screening and diagnostic services are pro7 vided consistent with relevant evidence8 based recommendations; and’’; 9 (ii) by striking paragraphs (2) and 10 (4); 11 (iii) by redesignating paragraph (3) as 12 paragraph (2); and 13 (iv) in paragraph (2), as so redesig14 nated, by striking ‘‘; and’’ and inserting a 15 period; and 16 (B) by striking subsection (d); 17 (3) in section 1508(b) (42 U.S.C. 300n–4(b))— 18 (A) by striking ‘‘1 year after the date of 19 the enactment of the National Breast and Cer20 vical Cancer Early Detection Program Reau21 thorization of 2007, and annually thereafter,’’ 22 and inserting ‘‘2 years after the date of enact23 ment of the Health Improvements, Extenders, 24 and Reauthorizations Act, and every 5 years 25 thereafter,’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00799 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 800. 800 1 (B) by striking ‘‘Labor and Human Re2 sources’’ and inserting ‘‘Health, Education, 3 Labor, and Pensions’’; and 4 (C) by striking ‘‘preceding fiscal year’’ and 5 inserting ‘‘preceding 2 fiscal years in the case 6 of the first report after the date of enactment 7 of the Health Improvements, Extenders, and 8 Reauthorizations Act and preceding 5 fiscal 9 years for each report thereafter’’; and 10 (4) in section 1510(a) (42 U.S.C. 300n–5(a))— 11 (A) by striking ‘‘2011, and’’ and inserting 12 ‘‘2011,’’; and 13 (B) by inserting ‘‘, and $235,500,000 for 14 each of fiscal years 2025 through 2029’’ before 15 the period at the end before the period at the 16 end. 17 (b) GAO STUDY.—Not later than September 30, 18 2027, the Comptroller General of the United States shall 19 report to the Committee on Health, Education, Labor, and 20 Pensions of the Senate and the Committee on Energy and 21 Commerce of the House of Representatives on the work 22 of the National Breast and Cervical Cancer Early Detec23 tion Program, including— 24 (1) an estimate of the number of individuals eli25 gible for services provided under such program; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00800 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 801. 801 1 (2) a summary of trends in the number of indi2 viduals served through such program; and 3 (3) an assessment of any factors that may be 4 driving the trends identified under paragraph (2), 5 including any barriers to accessing breast and cer6 vical cancer screenings provided by such program. 7 SEC. 710. DEONDRA DIXON INCLUDE PROJECT. 8 Part B of title IV of the Public Health Service Act 9 (42 U.S.C. 284 et seq.) is amended by adding at the end 10 the following: 11 ‘‘SEC. 409K. DOWN SYNDROME RESEARCH. 12 ‘‘(a) IN GENERAL.—The Director of NIH shall carry 13 out a program of research, training, and investigation re14 lated to Down syndrome to be known as the ‘INvestigation 15 of Co-occurring conditions across the Lifespan to Under16 stand Down syndromE Project’ or the ‘INCLUDE 17 Project’. 18 ‘‘(b) PROGRAM ELEMENTS.—The program under 19 subsection (a) shall include— 20 ‘‘(1) high-risk, high reward research on the ef21 fects of trisomy 21 on human development and 22 health; 23 ‘‘(2) promoting research for participants with 24 Down syndrome across the lifespan, including cohort 25 studies to facilitate improved understanding of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00801 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 802. 802 1 Down syndrome and co-occurring conditions and de2 velopment of new interventions; 3 ‘‘(3) expanding the number of clinical trials 4 that are inclusive of, or expressly for, participants 5 with Down syndrome, including novel biomedical and 6 pharmacological interventions and other therapies 7 designed to promote or enhance activities of daily 8 living; 9 ‘‘(4) research on the biological mechanisms in 10 individuals with Down syndrome pertaining to struc11 tural, functional, and behavioral anomalies and dys12 function as well as stunted growth; 13 ‘‘(5) supporting research to improve diagnosis 14 and treatment of conditions co-occurring with Down 15 syndrome, including the identification of biomarkers 16 related to risk factors, diagnosis, and clinical re17 search and therapeutics; 18 ‘‘(6) research on the causes of increased preva19 lence, and concurrent treatment, of co-occurring con20 ditions, such as Alzheimer’s disease and related de21 mentias and autoimmunity, in individuals with Down 22 syndrome; and 23 ‘‘(7) research, training, and investigation on im24 proving the quality of life of individuals with Down 25 syndrome and their families. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00802 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 803. 803 1 ‘‘(c) COORDINATION; PRIORITIZING NONDUPLICA2 TIVE RESEARCH.—The Director of NIH shall ensure 3 that— 4 ‘‘(1) the programs and activities of the insti5 tutes and centers of the National Institutes of 6 Health relating to Down syndrome and co-occurring 7 conditions are coordinated, including through the 8 Office of the Director of NIH and priority-setting 9 reviews conducted pursuant to section 402(b)(3); 10 and 11 ‘‘(2) such institutes and centers, prioritize, as 12 appropriate, Down syndrome research that does not 13 duplicate existing research activities of the National 14 Institutes of Health. 15 ‘‘(d) CONSULTATION WITH STAKEHOLDERS.—In 16 carrying out activities under this section, the Director of 17 NIH shall, as appropriate and to the maximum extent fea18 sible, consult with relevant stakeholders, including patient 19 advocates, to ensure that such activities take into consid20 eration the needs of individuals with Down syndrome. 21 ‘‘(e) BIENNIAL REPORTS TO CONGRESS.— 22 ‘‘(1) IN GENERAL.—The Director of NIH shall 23 submit, on a biennial basis, to the Committee on 24 Energy and Commerce and the Subcommittee on 25 Labor, Health and Human Services, Education, and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00803 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 804. 804 1 Related Agencies of the Committee on Appropria2 tions of the House of Representatives and the Com3 mittee on Health, Education, Labor, and Pensions 4 and the Subcommittee on Labor, Health and 5 Human Services, Education, and Related Agencies 6 of the Committee on Appropriations of the Senate, 7 a report that catalogs the research conducted or 8 supported under this section. 9 ‘‘(2) CONTENTS.—Each report under para10 graph (1) shall include— 11 ‘‘(A) identification of the institute or cen12 ter involved; 13 ‘‘(B) a statement of whether the research 14 is or was being carried out directly by such in15 stitute or center or by multiple institutes and 16 centers; and 17 ‘‘(C) identification of any resulting real18 world evidence that is or may be used for clin19 ical research and medical care for patients with 20 Down syndrome.’’. 21 SEC. 711. IMPROVE INITIATIVE. 22 Part B of title IV of the Public Health Service Act 23 (42 U.S.C. 284 et seq.), as amended by section 710, is 24 further amended by adding at the end the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00804 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 805. 805 1 ‘‘SEC. 409L. IMPROVE INITIATIVE. 2 ‘‘(a) IN GENERAL.—The Director of the National In3 stitutes of Health shall carry out a program of research 4 to improve health outcomes to be known as the Imple5 menting a Maternal health and PRegnancy Outcomes Vi6 sion for Everyone Initiative (referred to in this section as 7 the ‘Initiative’). 8 ‘‘(b) OBJECTIVES.—The Initiative shall— 9 ‘‘(1) advance research to— 10 ‘‘(A) reduce preventable causes of maternal 11 mortality and severe maternal morbidity; 12 ‘‘(B) reduce health disparities related to 13 maternal health outcomes, including such dis14 parities associated with medically underserved 15 populations; and 16 ‘‘(C) improve health for pregnant and 17 postpartum women before, during, and after 18 pregnancy; 19 ‘‘(2) use an integrated approach to understand 20 the factors, including biological, behavioral, and 21 other factors, that affect maternal mortality and se22 vere maternal morbidity by building an evidence 23 base for improved outcomes in specific regions of the 24 United States; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00805 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 806. 806 1 ‘‘(3) target health disparities associated with 2 maternal mortality and severe maternal morbidity 3 by— 4 ‘‘(A) implementing and evaluating commu5 nity-based interventions for disproportionately 6 affected women; and 7 ‘‘(B) identifying risk factors and the un8 derlying biological mechanisms associated with 9 leading causes of maternal mortality and severe 10 maternal morbidity in the United States. 11 ‘‘(c) SUNSET.—The authority under this section shall 12 expire on September 30, 2029.’’. 13 SEC. 712. ORGAN PROCUREMENT AND TRANSPLANTATION 14 NETWORK. 15 Section 372 of the Public Health Service Act (42 16 U.S.C. 274) is amended— 17 (1) in subsection (b)(2)— 18 (A) by moving the margins of subpara19 graphs (M) through (O) 2 ems to the left; 20 (B) in subparagraph (A)— 21 (i) in clause (i), by striking ‘‘, and’’ 22 and inserting ‘‘; and’’; and 23 (ii) in clause (ii), by striking the 24 comma at the end and inserting a semi25 colon; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00806 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 807. 807 1 (C) in subparagraph (C), by striking 2 ‘‘twenty-four-hour telephone service’’ and in3 serting ‘‘24-hour telephone or information tech4 nology service’’; 5 (D) in each of subparagraphs (B) through 6 (M), by striking the comma at the end and in7 serting a semicolon; 8 (E) in subparagraph (N), by striking 9 ‘‘transportation, and’’ and inserting ‘‘transpor10 tation;’’; 11 (F) in subparagraph (O), by striking the 12 period and inserting a semicolon; and 13 (G) by adding at the end the following: 14 ‘‘(P) encourage the integration of elec15 tronic health records systems through applica16 tion programming interfaces (or successor tech17 nologies) among hospitals, organ procurement 18 organizations, and transplant centers, including 19 the use of automated electronic hospital refer20 rals and the grant of remote, electronic access 21 to hospital electronic health records of potential 22 donors by organ procurement organizations, in 23 a manner that complies with the privacy regula24 tions promulgated under the Health Insurance 25 Portability and Accountability Act of 1996, at VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00807 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 808. 808 1 part 160 of title 45, Code of Federal Regula2 tions, and subparts A, C, and E of part 164 of 3 such title (or any successor regulations); and 4 ‘‘(Q) consider establishing a dashboard to 5 display the number of transplants performed, 6 the types of transplants performed, the number 7 and types of organs that entered the Organ 8 Procurement and Transplantation Network sys9 tem and failed to be transplanted, and other 10 appropriate statistics, which should be updated 11 more frequently than annually.’’; and 12 (2) by adding at the end the following: 13 ‘‘(d) REGISTRATION FEES.— 14 ‘‘(1) IN GENERAL.—The Secretary may collect 15 registration fees from any member of the Organ 16 Procurement and Transplantation Network for each 17 transplant candidate such member places on the list 18 described in subsection (b)(2)(A)(i). Such registra19 tion fees shall be collected and distributed only to 20 support the operation of the Organ Procurement 21 and Transplantation Network. Such registration fees 22 are authorized to remain available until expended. 23 ‘‘(2) COLLECTION.—The Secretary may collect 24 the registration fees under paragraph (1) directly or 25 through awards made under subsection (b)(1)(A). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00808 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 809. 809 1 ‘‘(3) DISTRIBUTION.—Any amounts collected 2 under this subsection shall— 3 ‘‘(A) be credited to the currently applicable 4 appropriation, account, or fund of the Depart5 ment of Health and Human Services as discre6 tionary offsetting collections; and 7 ‘‘(B) be available, only to the extent and in 8 the amounts provided in advance in appropria9 tions Acts, to distribute such fees among 10 awardees described in subsection (b)(1)(A). 11 ‘‘(4) TRANSPARENCY.—The Secretary shall— 12 ‘‘(A) promptly post on the website of the 13 Organ Procurement and Transplantation Net14 work— 15 ‘‘(i) the amount of registration fees 16 collected under this subsection from each 17 member of the Organ Procurement and 18 Transplantation Network; and 19 ‘‘(ii) a list of activities such fees are 20 used to support; and 21 ‘‘(B) update the information posted pursu22 ant to subparagraph (A), as applicable for each 23 calendar quarter for which fees are collected 24 under paragraph (1). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00809 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 810. 810 1 ‘‘(5) GAO REVIEW.—Not later than 2 years 2 after the date of enactment of this subsection, the 3 Comptroller General of the United States shall, to 4 the extent data are available— 5 ‘‘(A) conduct a review concerning the ac6 tivities under this subsection; and 7 ‘‘(B) submit to the Committee on Health, 8 Education, Labor, and Pensions and the Com9 mittee on Finance of the Senate and the Com10 mittee on Energy and Commerce of the House 11 of Representatives, a report on such review, in12 cluding related recommendations, as applicable. 13 ‘‘(6) SUNSET.—The authority to collect reg14 istration fees under paragraph (1) shall expire on 15 the date that is 3 years after the date of enactment 16 of the Health Improvements, Extenders, and Reau17 thorizations Act.’’. 18 SEC. 713. HONOR OUR LIVING DONORS. 19 (a) NO CONSIDERATION OF INCOME OF ORGAN RE20 CIPIENT.—Section 377 of the Public Health Service Act 21 (42 U.S.C. 274f) is amended— 22 (1) by redesignating subsections (c) through (f) 23 as subsections (d) through (g), respectively; 24 (2) by inserting after subsection (b) the fol25 lowing: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00810 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 811. 811 1 ‘‘(c) NO CONSIDERATION OF INCOME OF ORGAN RE2 CIPIENT.—The recipient of a grant under this section, in 3 providing reimbursement to a donating individual through 4 such grant, shall not give any consideration to the income 5 of the organ recipient.’’; and 6 (3) in subsection (f), as so redesignated— 7 (A) in paragraph (1), by striking ‘‘sub8 section (c)(1)’’ and inserting ‘‘subsection 9 (d)(1)’’; and 10 (B) in paragraph (2), by striking ‘‘sub11 section (c)(2)’’ and inserting ‘‘subsection 12 (d)(2)’’. 13 (b) REMOVAL OF EXPECTATION OF PAYMENTS BY 14 ORGAN RECIPIENTS.—Section 377(e) of the Public 15 Health Service Act (42 U.S.C. 274f(e)), as redesignated 16 by section 2(1), is amended— 17 (1) in paragraph (1), by adding ‘‘or’’ at the 18 end; 19 (2) in paragraph (2), by striking ‘‘; or’’ and in20 serting a period; and 21 (3) by striking paragraph (3). 22 (c) ANNUAL REPORT.—Section 377 of the Public 23 Health Service Act (42 U.S.C. 274f), as amended by sec24 tions 2 and 3, is amended by adding at the end the fol25 lowing: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00811 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 812. 812 1 ‘‘(h) ANNUAL REPORT.—Not later than December 31 2 of each year, beginning in Fiscal Year 2026, the Secretary 3 shall— 4 ‘‘(1) prepare, submit to the Congress, and make 5 public a report on whether grants under this section 6 provided adequate funding during the preceding fis7 cal year to reimburse all donating individuals par8 ticipating in the grant program under this section 9 for all qualifying expenses; and 10 ‘‘(2) include in each such report— 11 ‘‘(A) the estimated number of all donating 12 individuals participating in the grant program 13 under this section who did not receive reim14 bursement for all qualifying expenses during 15 the preceding fiscal year; and 16 ‘‘(B) the total amount of funding that is 17 estimated to be necessary to fully reimburse all 18 donating individuals participating in the grant 19 program under this section for all qualifying ex20 penses.’’. 21 SEC. 714. PROGRAM FOR PEDIATRIC STUDIES OF DRUGS. 22 Section 409I(d)(1) of the Public Health Service Act 23 (42 U.S.C. 284m(d)(1)) is amended by striking ‘‘section,’’ 24 and all that follows through the period at the end and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00812 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 813. 813 1 inserting ‘‘section, $25,000,000 for each of fiscal years 2 2025 through 2027.’’. 3 TITLE VIII—FOOD AND DRUG 4 ADMINISTRATION 5 Subtitle A—Give Kids a Chance 6 SEC. 801. RESEARCH INTO PEDIATRIC USES OF DRUGS; AD7 DITIONAL AUTHORITIES OF FOOD AND DRUG 8 ADMINISTRATION REGARDING MOLECU9 LARLY TARGETED CANCER DRUGS. 10 (a) IN GENERAL.— 11 (1) ADDITIONAL ACTIVE INGREDIENT FOR AP12 PLICATION DRUG; LIMITATION REGARDING NOVEL13 COMBINATION APPLICATION DRUG.—Section 14 505B(a)(3) of the Federal Food, Drug, and Cos15 metic Act (21 U.S.C. 355c(a)(3)) is amended— 16 (A) by redesignating subparagraphs (B) 17 and (C) as subparagraphs (C) and (D), respec18 tively; and 19 (B) by striking subparagraph (A) and in20 serting the following: 21 ‘‘(A) IN GENERAL.—For purposes of para22 graph (1)(B), the investigation described in this 23 paragraph is a molecularly targeted pediatric 24 cancer investigation of— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00813 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 814. 814 1 ‘‘(i) the drug or biological product for 2 which the application referred to in such 3 paragraph is submitted; or 4 ‘‘(ii) such drug or biological product 5 used in combination with— 6 ‘‘(I) an active ingredient of a 7 drug or biological product— 8 ‘‘(aa) for which an approved 9 application under section 505(j) 10 under this Act or under section 11 351(k) of the Public Health 12 Service Act is in effect; and 13 ‘‘(bb) that is determined by 14 the Secretary, after consultation 15 with the applicant, to be part of 16 the standard of care for treating 17 a pediatric cancer; or 18 ‘‘(II) an active ingredient of a 19 drug or biological product— 20 ‘‘(aa) for which an approved 21 application under section 505(b) 22 of this Act or section 351(a) of 23 the Public Health Service Act to 24 treat an adult cancer is in effect 25 and is held by the same person VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00814 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 815. 815 1 submitting the application under 2 paragraph (1)(B); and 3 ‘‘(bb) that is directed at a 4 molecular target that the Sec5 retary determines to be substan6 tially relevant to the growth or 7 progression of a pediatric cancer. 8 ‘‘(B) ADDITIONAL REQUIREMENTS.— 9 ‘‘(i) DESIGN OF INVESTIGATION.—A 10 molecularly targeted pediatric cancer inves11 tigation referred to in subparagraph (A) 12 shall be designed to yield clinically mean13 ingful pediatric study data that is gathered 14 using appropriate formulations for each 15 age group for which the study is required, 16 regarding dosing, safety, and preliminary 17 efficacy to inform potential pediatric label18 ing. 19 ‘‘(ii) LIMITATION.—An investigation 20 described in subparagraph (A)(ii) may be 21 required only if the drug or biological 22 product for which the application referred 23 to in paragraph (1)(B) contains either— 24 ‘‘(I) a single new active ingre25 dient; or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00815 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 816. 816 1 ‘‘(II) more than one active ingre2 dient, if an application for the com3 bination of active ingredients has not 4 previously been approved but each ac5 tive ingredient is in a drug product 6 that has been previously approved to 7 treat an adult cancer. 8 ‘‘(iii) RESULTS OF ALREADY-COM9 PLETED PRECLINICAL STUDIES OF APPLI10 CATION DRUG.—With respect to an inves11 tigation required pursuant to paragraph 12 (1)(B), the Secretary may require the re13 sults of any completed preclinical studies 14 relevant to the initial pediatric study plan 15 be submitted to the Secretary at the same 16 time that the initial pediatric study plan 17 required under subsection (e)(1) is sub18 mitted. 19 ‘‘(iv) RULE OF CONSTRUCTION RE20 GARDING INACTIVE INGREDIENTS.—With 21 respect to a combination of active ingredi22 ents referred to in subparagraph (A)(ii), 23 such subparagraph shall not be construed 24 as addressing the use of inactive ingredi25 ents with such combination.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00816 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 817. 817 1 (2) DETERMINATION OF APPLICABLE REQUIRE2 MENTS.—Section 505B(e)(1) of the Federal Food, 3 Drug, and Cosmetic Act (21 U.S.C. 355c(e)(1)) is 4 amended by adding at the end the following: ‘‘The 5 Secretary shall determine whether subparagraph (A) 6 or (B) of subsection (a)(1) applies with respect to an 7 application before the date on which the applicant is 8 required to submit the initial pediatric study plan 9 under paragraph (2)(A).’’. 10 (3) CLARIFYING APPLICABILITY.—Section 11 505B(a)(1) of the Federal Food, Drug, and Cos12 metic Act (21 U.S.C. 355c(a)(1)) is amended by 13 adding at the end the following: 14 ‘‘(C) RULE OF CONSTRUCTION.—No appli15 cation that is subject to the requirements of 16 subparagraph (B) shall be subject to the re17 quirements of subparagraph (A), and no appli18 cation (or supplement to an application) that is 19 subject to the requirements of subparagraph 20 (A) shall be subject to the requirements of sub21 paragraph (B).’’. 22 (4) CONFORMING AMENDMENTS.—Section 23 505B(a) of the Federal Food, Drug, and Cosmetic 24 Act (21 U.S.C. 355c(a)) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00817 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 818. 818 1 (A) in paragraph (3)(C), as redesignated 2 by paragraph (1)(A) of this subsection, by 3 striking ‘‘investigations described in this para4 graph’’ and inserting ‘‘investigations referred to 5 in subparagraph (A)’’; and 6 (B) in paragraph (3)(D), as redesignated 7 by paragraph (1)(A) of this subsection, by 8 striking ‘‘the assessments under paragraph 9 (2)(B)’’ and inserting ‘‘the assessments re10 quired under paragraph (1)(A)’’. 11 (b) GUIDANCE.—The Secretary of Health and 12 Human Services, acting through the Commissioner of 13 Food and Drugs, shall— 14 (1) not later than 12 months after the date of 15 enactment of this Act, issue draft guidance on the 16 implementation of the amendments made by sub17 section (a); and 18 (2) not later than 12 months after closing the 19 comment period on such draft guidance, finalize 20 such guidance. 21 (c) APPLICABILITY.—The amendments made by this 22 section apply with respect to any application under section 23 505(b) of the Federal Food, Drug, and Cosmetic Act (21 24 U.S.C. 355(b)) and any application under section 351(a) 25 of the Public Health Service Act (42 U.S.C. 262(a)), that VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00818 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 819. 819 1 is submitted on or after the date that is 3 years after the 2 date of enactment of this Act. 3 (d) REPORTS TO CONGRESS.— 4 (1) SECRETARY OF HEALTH AND HUMAN SERV5 ICES.—Not later than 6 years after the date of en6 actment of this Act, the Secretary of Health and 7 Human Services shall submit to the Committee on 8 Energy and Commerce of the House of Representa9 tives and the Committee on Health, Education, 10 Labor, and Pensions of the Senate a report on the 11 Secretary’s efforts, in coordination with industry, to 12 ensure implementation of the amendments made by 13 subsection (a). 14 (2) GAO STUDY AND REPORT.— 15 (A) STUDY.—Not later than 8 years after 16 the date of enactment of this Act, the Comp17 troller General of the United States shall con18 duct a study of the effectiveness of requiring 19 assessments and investigations described in sec20 tion 505B of the Federal Food, Drug, and Cos21 metic Act (21 U.S.C.355c), as amended by sub22 section (a), in the development of drugs and bi23 ological products for pediatric cancer indica24 tions, including consideration of any benefits to, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00819 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 820. 820 1 or burdens on, pediatric cancer drug develop2 ment. 3 (B) FINDINGS.—Not later than 10 years 4 after the date of enactment of this Act, the 5 Comptroller General shall submit to the Com6 mittee on Energy and Commerce of the House 7 of Representatives and the Committee on 8 Health, Education, Labor, and Pensions of the 9 Senate a report containing the findings of the 10 study conducted under subparagraph (A). 11 SEC. 802. ENSURING COMPLETION OF PEDIATRIC STUDY 12 REQUIREMENTS. 13 (a) EQUAL ACCOUNTABILITY FOR PEDIATRIC STUDY 14 REQUIREMENTS.—Section 505B(d) of the Federal Food, 15 Drug, and Cosmetic Act (21 U.S.C. 355c(d)) is amend16 ed— 17 (1) in paragraph (1), by striking ‘‘Beginning 18 270’’ and inserting ‘‘NONCOMPLIANCE LETTER.— 19 Beginning 270’’; 20 (2) in paragraph (2)— 21 (A) by striking ‘‘The drug or’’ and insert22 ing ‘‘EFFECT OF NONCOMPLIANCE.—The drug 23 or’’; and 24 (B) by striking ‘‘(except that the drug or 25 biological product shall not be subject to action VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00820 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 821. 821 1 under section 303)’’ and inserting ‘‘(except that 2 the drug or biological product shall be subject 3 to action under section 303 only if such person 4 demonstrated a lack of due diligence in satis5 fying the applicable requirement)’’; and 6 (3) by adding at the end the following: 7 ‘‘(3) LIMITATION.—The Secretary shall not 8 issue enforcement actions under section 303 for fail9 ures under this subsection in the case of a drug or 10 biological product that is no longer marketed.’’. 11 (b) DUE DILIGENCE.—Section 505B(d) of the Fed12 eral Food, Drug, and Cosmetic Act (21 U.S.C. 355c(d)), 13 as amended by subsection (a), is further amended by add14 ing at the end the following: 15 ‘‘(4) DUE DILIGENCE.—Before the Secretary 16 may conclude that a person failed to submit or oth17 erwise meet a requirement as described in the mat18 ter preceding paragraph (1), the Secretary shall— 19 ‘‘(A) issue a noncompliance letter pursuant 20 to paragraph (1); 21 ‘‘(B) provide such person with a 45-day 22 period beginning on the date of receipt of such 23 noncompliance letter to respond in writing as 24 set forth in such paragraph; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00821 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 822. 822 1 ‘‘(C) after reviewing such written response, 2 determine whether the person demonstrated a 3 lack of due diligence in satisfying such require4 ment.’’. 5 (c) CONFORMING AMENDMENTS.—Section 6 303(f)(4)(A) of the Federal Food, Drug, and Cosmetic Act 7 (21 U.S.C. 333(f)(4)(A)) is amended by striking ‘‘or 505– 8 1’’ and inserting ‘‘505–1, or 505B’’. 9 (d) TRANSITION RULE.—The Secretary of Health 10 and Human Services may take enforcement action under 11 section 303 of the Federal Food, Drug, and Cosmetic Act 12 (21 U.S.C. 333) only for failures described in section 13 505B(d) of such Act (21 U.S.C. 355c(d)) that occur on 14 or after the date that is 180 days after the date of enact15 ment of this Act. 16 SEC. 803. FDA REPORT ON PREA ENFORCEMENT. 17 Section 508(b) of the Food and Drug Administration 18 Safety and Innovation Act (21 U.S.C. 355c–1(b)) is 19 amended— 20 (1) in paragraph (11), by striking the semicolon 21 at the end and inserting ‘‘, including an evaluation 22 of compliance with deadlines provided for in defer23 rals and deferral extensions;’’; 24 (2) in paragraph (15), by striking ‘‘and’’ at the 25 end; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00822 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 823. 823 1 (3) in paragraph (16), by striking the period at 2 the end and inserting ‘‘; and’’; and 3 (4) by adding at the end the following: 4 ‘‘(17) a listing of penalties, settlements, or pay5 ments under section 303 of the Federal Food, Drug, 6 and Cosmetic Act (21 U.S.C. 353) for failure to 7 comply with requirements under such section 505B, 8 including, for each penalty, settlement, or payment, 9 the name of the drug, the sponsor thereof, and the 10 amount of the penalty, settlement, or payment im11 posed; and’’. 12 SEC. 804. EXTENSION OF AUTHORITY TO ISSUE PRIORITY 13 REVIEW VOUCHERS TO ENCOURAGE TREAT14 MENTS FOR RARE PEDIATRIC DISEASES. 15 (a) EXTENSION.—Paragraph (5) of section 529(b) of 16 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 17 360ff(b)) is amended by striking ‘‘December 20, 2024, un18 less’’ and all that follows through the period at the end 19 and inserting ‘‘September 30, 2029.’’. 20 (b) USER FEE PAYMENT.—Section 529(c)(4) of the 21 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 22 360ff(c)(4)) is amended by striking subparagraph (A) and 23 inserting the following: 24 ‘‘(A) IN GENERAL.—The priority review 25 user fee required by this subsection shall be due VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00823 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 824. 824 1 upon the submission of a human drug applica2 tion under section 505(b)(1) or section 351(a) 3 of the Public Health Service Act for which the 4 priority review voucher is used. All other user 5 fees associated with the human drug application 6 shall be due as required by the Secretary or 7 under applicable law.’’. 8 (c) GAO REPORT ON EFFECTIVENESS OF RARE PE9 DIATRIC DISEASE PRIORITY VOUCHER AWARDS IN 10 INCENTIVIZING RARE PEDIATRIC DISEASE DRUG DEVEL11 OPMENT.— 12 (1) GAO STUDY.— 13 (A) STUDY.—The Comptroller General of 14 the United States shall conduct a study of the 15 effectiveness of awarding rare pediatric disease 16 priority vouchers under section 529 of the Fed17 eral Food, Drug, and Cosmetic Act (21 U.S.C. 18 360ff), as amended by subsection (a), in the de19 velopment of human drug products that treat or 20 prevent rare pediatric diseases (as defined in 21 such section 529). 22 (B) CONTENTS OF STUDY.—In conducting 23 the study under subparagraph (A), the Comp24 troller General shall examine the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00824 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 825. 825 1 (i) The indications for each drug or 2 biological product that— 3 (I) is the subject of a rare pedi4 atric disease product application (as 5 defined in section 529 of the Federal 6 Food, Drug, and Cosmetic Act (21 7 U.S.C. 360ff)) for which a priority re8 view voucher was awarded; and 9 (II) was approved under section 10 505 of the Federal Food, Drug, and 11 Cosmetic Act (42 U.S.C. 355) or li12 censed under section 351 of the Pub13 lic Health Service Act (42 U.S.C. 14 262). 15 (ii) Whether, and to what extent, an 16 unmet need related to the treatment or 17 prevention of a rare pediatric disease was 18 met through the approval or licensure of 19 such a drug or biological product. 20 (iii) The size of the company to which 21 a priority review voucher was awarded 22 under section 529 of the Federal Food, 23 Drug, and Cosmetic Act (21 U.S.C. 360ff) 24 for such a drug or biological product. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00825 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 826. 826 1 (iv) The value of such priority review 2 voucher if transferred. 3 (v) Identification of each drug for 4 which a priority review voucher awarded 5 under such section 529 was used. 6 (vi) The size of the company using 7 each priority review voucher awarded 8 under such section 529. 9 (vii) The length of the period of time 10 between the date on which a priority re11 view voucher was awarded under such sec12 tion 529 and the date on which it was 13 used. 14 (viii) Whether, and to what extent, an 15 unmet need related to the treatment or 16 prevention of a rare pediatric disease was 17 met through the approval under section 18 505 of the Federal Food, Drug, and Cos19 metic Act (42 U.S.C. 355) or licensure 20 under section 351 of the Public Health 21 Service Act (42 U.S.C. 262) of a drug for 22 which a priority review voucher was used. 23 (ix) Whether, and to what extent, 24 companies were motivated by the avail25 ability of priority review vouchers under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00826 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 827. 827 1 section 529 of the Federal Food, Drug, 2 and Cosmetic Act (21 U.S.C. 360ff) to at3 tempt to develop a drug for a rare pedi4 atric disease. 5 (x) Whether, and to what extent, pedi6 atric review vouchers awarded under such 7 section were successful in stimulating de8 velopment and expedited patient access to 9 drug products for treatment or prevention 10 of a rare pediatric disease that wouldn’t 11 otherwise take place without the incentive 12 provided by such vouchers. 13 (xi) The impact of such priority re14 view vouchers on the workload, review 15 process, and public health prioritization ef16 forts of the Food and Drug Administra17 tion. 18 (xii) Any other incentives in Federal 19 law that exist for companies developing 20 drugs or biological products described in 21 clause (i). 22 (2) REPORT ON FINDINGS.—Not later than 5 23 years after the date of the enactment of this Act, the 24 Comptroller General of the United States shall sub25 mit to the Committee on Energy and Commerce of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00827 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 828. 828 1 the House of Representatives and the Committee on 2 Health, Education, Labor, and Pensions of the Sen3 ate a report containing the findings of the study 4 conducted under paragraph (1). 5 SEC. 805. LIMITATIONS ON EXCLUSIVE APPROVAL OR LI6 CENSURE OF ORPHAN DRUGS. 7 (a) IN GENERAL.—Section 527 of the Federal Food, 8 Drug, and Cosmetic Act (21 U.S.C. 360cc) is amended— 9 (1) in subsection (a), in the matter following 10 paragraph (2), by striking ‘‘same disease or condi11 tion’’ and inserting ‘‘same approved use or indica12 tion within such rare disease or condition’’; 13 (2) in subsection (b)— 14 (A) in the matter preceding paragraph (1), 15 by striking ‘‘same rare disease or condition’’ 16 and inserting ‘‘same approved use or indication 17 for which such 7-year period applies to such al18 ready approved or licensed drug’’; and 19 (B) in paragraph (1), by inserting ‘‘, relat20 ing to the approved use or indication,’’ after 21 ‘‘the needs’’; 22 (3) in subsection (c)(1), by striking ‘‘same rare 23 disease or condition as the already approved drug’’ 24 and inserting ‘‘same use or indication for which the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00828 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 829. 829 1 already approved or licensed drug was approved or 2 licensed’’; and 3 (4) by adding at the end the following: 4 ‘‘(f) APPROVED USE OR INDICATION DEFINED.—In 5 this section, the term ‘approved use or indication’ means 6 the use or indication approved under section 505 of this 7 Act or licensed under section 351 of the Public Health 8 Service Act for a drug designated under section 526 for 9 a rare disease or condition.’’. 10 (b) APPLICATION OF AMENDMENTS.—The amend11 ments made by subsection (a) shall apply with respect to 12 any drug designated under section 526 of the Federal 13 Food, Drug, and Cosmetic Act (21 U.S.C. 360bb), regard14 less of the date on which the drug was so designated, and 15 regardless of the date on which the drug was approved 16 under section 505 of such Act (21 U.S.C. 355) or licensed 17 under section 351 of the Public Health Service Act (42 18 U.S.C. 262). 19 Subtitle B—United States-Abraham 20 Accords Cooperation and Security 21 SEC. 811. ESTABLISHMENT OF ABRAHAM ACCORDS OFFICE 22 WITHIN FOOD AND DRUG ADMINISTRATION. 23 (a) IN GENERAL.—Chapter X of the Federal Food, 24 Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amend25 ed by adding at the end the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00829 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 830. 830 1 ‘‘SEC. 1015. ABRAHAM ACCORDS OFFICE. 2 ‘‘(a) IN GENERAL.—The Secretary, acting through 3 the Commissioner of Food and Drugs, shall establish with4 in the Food and Drug Administration an office, to be 5 known as the Abraham Accords Office, to be headed by 6 a director. 7 ‘‘(b) OFFICE.—Not later than 2 years after the date 8 of enactment of this section, the Secretary shall— 9 ‘‘(1) in consultation with the governments of 10 Abraham Accords countries, as well as appropriate 11 United States Government diplomatic and security 12 personnel— 13 ‘‘(A) select the location of the Abraham 14 Accords Office in an Abraham Accords country; 15 and 16 ‘‘(B) establish such office; and 17 ‘‘(2) assign to such office such personnel of the 18 Food and Drug Administration as the Secretary de19 termines necessary to carry out the functions of 20 such office. 21 ‘‘(c) DUTIES.—The Secretary, acting through the Di22 rector of the Abraham Accords Office, shall— 23 ‘‘(1) after the Abraham Accords Office is estab24 lished— 25 ‘‘(A) as part of the Food and Drug Admin26 istration’s work to strengthen the international VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00830 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 831. 831 1 oversight of regulated commodities, provide 2 technical assistance to regulatory partners in 3 Abraham Accords countries on strengthening 4 regulatory oversight and converging regulatory 5 requirements for the oversight of regulated 6 products, including good manufacturing prac7 tices and other issues relevant to manufacturing 8 medical products that are regulated by the 9 Food and Drug Administration; and 10 ‘‘(B) facilitate interactions between the 11 Food and Drug Administration and interested 12 parties in Abraham Accords countries, including 13 by sharing relevant information regarding 14 United States regulatory pathways with such 15 parties, and facilitate feedback on the research, 16 development, and manufacturing of products 17 regulated in accordance with this Act; and 18 ‘‘(2) carry out other functions and activities as 19 the Secretary determines to be necessary to carry 20 out this section. 21 ‘‘(d) ABRAHAM ACCORDS COUNTRY DEFINED.—In 22 this section, the term ‘Abraham Accords country’ means 23 a country identified by the Department of State as having 24 signed the Abraham Accords Declaration. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00831 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 832. 832 1 ‘‘(e) NATIONAL SECURITY.—Nothing in this section 2 shall be construed to require any action inconsistent with 3 a national security recommendation provided by the Fed4 eral Government.’’. 5 (b) REPORT TO CONGRESS.— 6 (1) IN GENERAL.—Not later than 3 years after 7 the date of enactment of this Act, the Secretary of 8 Health and Human Services shall submit to the 9 Congress a report on the Abraham Accords Office, 10 including— 11 (A) an evaluation of how the Office has ad12 vanced progress toward conformance with Food 13 and Drug Administration regulatory require14 ments by manufacturers in the Abraham Ac15 cords countries; 16 (B) a numerical count of parties that the 17 Office has helped facilitate interactions or feed18 back pursuant to section 1015(c)(1)(B) of the 19 Federal Food, Drug, and Cosmetic Act (as 20 added by subsection (a)); 21 (C) a summary of technical assistance pro22 vided to regulatory partners in Abraham Ac23 cords countries pursuant to subparagraph (A) 24 of such section 1015(c)(1); and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00832 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 833. 833 1 (D) recommendations for increasing and 2 improving coordination between the Food and 3 Drug Administration and entities in Abraham 4 Accords countries. 5 (2) ABRAHAM ACCORDS COUNTRY DEFINED.— 6 In this subsection, the term ‘‘Abraham Accords 7 country’’ has the meaning given such term in section 8 1015(d) of the Federal Food, Drug, and Cosmetic 9 Act (as added by subsection (a)). 10 TITLE IX—LOWERING 11 PRESCRIPTION DRUG COSTS 12 SEC. 901. OVERSIGHT OF PHARMACY BENEFIT MANAGE13 MENT SERVICES. 14 (a) PUBLIC HEALTH SERVICE ACT.—Title XXVII of 15 the Public Health Service Act (42 U.S.C. 300gg et seq.) 16 is amended— 17 (1) in part D (42 U.S.C. 300gg–111 et seq.), 18 by adding at the end the following new section: 19 ‘‘SEC. 2799A–11. OVERSIGHT OF ENTITIES THAT PROVIDE 20 PHARMACY BENEFIT MANAGEMENT SERV21 ICES. 22 ‘‘(a) IN GENERAL.—For plan years beginning on or 23 after the date that is 30 months after the date of enact24 ment of this section (referred to in this subsection and 25 subsection (b) as the ‘effective date’), a group health plan VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00833 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 834. 834 1 or a health insurance issuer offering group health insur2 ance coverage, or an entity providing pharmacy benefit 3 management services on behalf of such a plan or issuer, 4 shall not enter into a contract, including an extension or 5 renewal of a contract, entered into on or after the effective 6 date, with an applicable entity unless such applicable enti7 ty agrees to— 8 ‘‘(1) not limit or delay the disclosure of infor9 mation to the group health plan (including such a 10 plan offered through a health insurance issuer) in 11 such a manner that prevents an entity providing 12 pharmacy benefit management services on behalf of 13 a group health plan or health insurance issuer offer14 ing group health insurance coverage from making 15 the reports described in subsection (b); and 16 ‘‘(2) provide the entity providing pharmacy ben17 efit management services on behalf of a group health 18 plan or health insurance issuer relevant information 19 necessary to make the reports described in sub20 section (b). 21 ‘‘(b) REPORTS.— 22 ‘‘(1) IN GENERAL.—For plan years beginning 23 on or after the effective date, in the case of any con24 tract between a group health plan or a health insur25 ance issuer offering group health insurance coverage VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00834 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 835. 835 1 offered in connection with such a plan and an entity 2 providing pharmacy benefit management services on 3 behalf of such plan or issuer, including an extension 4 or renewal of such a contract, entered into on or 5 after the effective date, the entity providing phar6 macy benefit management services on behalf of such 7 a group health plan or health insurance issuer, not 8 less frequently than every 6 months (or, at the re9 quest of a group health plan, not less frequently 10 than quarterly, and under the same conditions, 11 terms, and cost of the semiannual report under this 12 subsection), shall submit to the group health plan a 13 report in accordance with this section. Each such re14 port shall be made available to such group health 15 plan in plain language, in a machine-readable for16 mat, and as the Secretary may determine, other for17 mats. Each such report shall include the information 18 described in paragraph (2). 19 ‘‘(2) INFORMATION DESCRIBED.—For purposes 20 of paragraph (1), the information described in this 21 paragraph is, with respect to drugs covered by a 22 group health plan or group health insurance cov23 erage offered by a health insurance issuer in connec24 tion with a group health plan during each reporting 25 period— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00835 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 836. 836 1 ‘‘(A) in the case of a group health plan 2 that is offered by a specified large employer or 3 that is a specified large plan, and is not offered 4 as health insurance coverage, or in the case of 5 health insurance coverage for which the election 6 under paragraph (3) is made for the applicable 7 reporting period— 8 ‘‘(i) a list of drugs for which a claim 9 was filed and, with respect to each such 10 drug on such list— 11 ‘‘(I) the contracted compensation 12 paid by the group health plan or 13 health insurance issuer for each cov14 ered drug (identified by the National 15 Drug Code) to the entity providing 16 pharmacy benefit management serv17 ices or other applicable entity on be18 half of the group health plan or health 19 insurance issuer; 20 ‘‘(II) the contracted compensa21 tion paid to the pharmacy, by any en22 tity providing pharmacy benefit man23 agement services or other applicable 24 entity on behalf of the group health 25 plan or health insurance issuer, for VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00836 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 837. 837 1 each covered drug (identified by the 2 National Drug Code); 3 ‘‘(III) for each such claim, the 4 difference between the amount paid 5 under subclause (I) and the amount 6 paid under subclause (II); 7 ‘‘(IV) the proprietary name, es8 tablished name or proper name, and 9 National Drug Code; 10 ‘‘(V) for each claim for the drug 11 (including original prescriptions and 12 refills) and for each dosage unit of the 13 drug for which a claim was filed, the 14 type of dispensing channel used to 15 furnish the drug, including retail, mail 16 order, or specialty pharmacy; 17 ‘‘(VI) with respect to each drug 18 dispensed, for each type of dispensing 19 channel (including retail, mail order, 20 or specialty pharmacy)— 21 ‘‘(aa) whether such drug is a 22 brand name drug or a generic 23 drug, and— 24 ‘‘(AA) in the case of a 25 brand name drug, the wholeVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00837 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 838. 838 1 sale acquisition cost, listed 2 as cost per days supply and 3 cost per dosage unit, on the 4 date such drug was dis5 pensed; and 6 ‘‘(BB) in the case of a 7 generic drug, the average 8 wholesale price, listed as 9 cost per days supply and 10 cost per dosage unit, on the 11 date such drug was dis12 pensed; and 13 ‘‘(bb) the total number of— 14 ‘‘(AA) prescription 15 claims (including original 16 prescriptions and refills); 17 ‘‘(BB) participants and 18 beneficiaries for whom a 19 claim for such drug was 20 filed through the applicable 21 dispensing channel; 22 ‘‘(CC) dosage units and 23 dosage units per fill of such 24 drug; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00838 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 839. 839 1 ‘‘(DD) days supply of 2 such drug per fill; 3 ‘‘(VII) the net price per course of 4 treatment or single fill, such as a 30- 5 day supply or 90-day supply to the 6 plan or coverage after rebates, fees, 7 alternative discounts, or other remu8 neration received from applicable enti9 ties; 10 ‘‘(VIII) the total amount of out11 of-pocket spending by participants 12 and beneficiaries on such drug, in13 cluding spending through copayments, 14 coinsurance, and deductibles, but not 15 including any amounts spent by par16 ticipants and beneficiaries on drugs 17 not covered under the plan or cov18 erage, or for which no claim is sub19 mitted under the plan or coverage; 20 ‘‘(IX) the total net spending on 21 the drug; 22 ‘‘(X) the total amount received, 23 or expected to be received, by the plan 24 or issuer from any applicable entity in VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00839 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 840. 840 1 rebates, fees, alternative discounts, or 2 other remuneration; 3 ‘‘(XI) the total amount received, 4 or expected to be received, by the enti5 ty providing pharmacy benefit man6 agement services, from applicable en7 tities, in rebates, fees, alternative dis8 counts, or other remuneration from 9 such entities— 10 ‘‘(aa) for claims incurred 11 during the reporting period; and 12 ‘‘(bb) that is related to utili13 zation of such drug or spending 14 on such drug; and 15 ‘‘(XII) to the extent feasible, in16 formation on the total amount of re17 muneration for such drug, including 18 copayment assistance dollars paid, co19 payment cards applied, or other dis20 counts provided by each drug manu21 facturer (or entity administering co22 payment assistance on behalf of such 23 drug manufacturer), to the partici24 pants and beneficiaries enrolled in 25 such plan or coverage; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00840 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 841. 841 1 ‘‘(ii) a list of each therapeutic class 2 (as defined by the Secretary) for which a 3 claim was filed under the group health 4 plan or health insurance coverage during 5 the reporting period, and, with respect to 6 each such therapeutic class— 7 ‘‘(I) the total gross spending on 8 drugs in such class before rebates, 9 price concessions, alternative dis10 counts, or other remuneration from 11 applicable entities; 12 ‘‘(II) the net spending in such 13 class after such rebates, price conces14 sions, alternative discounts, or other 15 remuneration from applicable entities; 16 ‘‘(III) the total amount received, 17 or expected to be received, by the enti18 ty providing pharmacy benefit man19 agement services, from applicable en20 tities, in rebates, fees, alternative dis21 counts, or other remuneration from 22 such entities— 23 ‘‘(aa) for claims incurred 24 during the reporting period; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00841 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 842. 842 1 ‘‘(bb) that is related to utili2 zation of drugs or drug spending; 3 ‘‘(IV) the average net spending 4 per 30-day supply and per 90-day 5 supply by the plan or by the issuer 6 with respect to such coverage and its 7 participants and beneficiaries, among 8 all drugs within the therapeutic class 9 for which a claim was filed during the 10 reporting period; 11 ‘‘(V) the number of participants 12 and beneficiaries who filled a prescrip13 tion for a drug in such class, includ14 ing the National Drug Code for each 15 such drug; 16 ‘‘(VI) if applicable, a description 17 of the formulary tiers and utilization 18 mechanisms (such as prior authoriza19 tion or step therapy) employed for 20 drugs in that class; and 21 ‘‘(VII) the total out-of-pocket 22 spending under the plan or coverage 23 by participants and beneficiaries, in24 cluding spending through copayments, 25 coinsurance, and deductibles, but not VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00842 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 843. 843 1 including any amounts spent by par2 ticipants and beneficiaries on drugs 3 not covered under the plan or cov4 erage or for which no claim is sub5 mitted under the plan or coverage; 6 ‘‘(iii) with respect to any drug for 7 which gross spending under the group 8 health plan or health insurance coverage 9 exceeded $10,000 during the reporting pe10 riod or, in the case that gross spending 11 under the group health plan or coverage 12 exceeded $10,000 during the reporting pe13 riod with respect to fewer than 50 drugs, 14 with respect to the 50 prescription drugs 15 with the highest spending during the re16 porting period— 17 ‘‘(I) a list of all other drugs in 18 the same therapeutic class as such 19 drug; 20 ‘‘(II) if applicable, the rationale 21 for the formulary placement of such 22 drug in that therapeutic category or 23 class, selected from a list of standard 24 rationales established by the SecVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00843 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 844. 844 1 retary, in consultation with stake2 holders; and 3 ‘‘(III) any change in formulary 4 placement compared to the prior plan 5 year; and 6 ‘‘(iv) in the case that such plan or 7 issuer (or an entity providing pharmacy 8 benefit management services on behalf of 9 such plan or issuer) has an affiliated phar10 macy or pharmacy under common owner11 ship, including mandatory mail and spe12 cialty home delivery programs, retail and 13 mail auto-refill programs, and cost sharing 14 assistance incentives funded by an entity 15 providing pharmacy benefit services— 16 ‘‘(I) an explanation of any ben17 efit design parameters that encourage 18 or require participants and bene19 ficiaries in the plan or coverage to fill 20 prescriptions at mail order, specialty, 21 or retail pharmacies; 22 ‘‘(II) the percentage of total pre23 scriptions dispensed by such phar24 macies to participants or beneficiaries 25 in such plan or coverage; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00844 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 845. 845 1 ‘‘(III) a list of all drugs dis2 pensed by such pharmacies to partici3 pants or beneficiaries enrolled in such 4 plan or coverage, and, with respect to 5 each drug dispensed— 6 ‘‘(aa) the amount charged, 7 per dosage unit, per 30-day sup8 ply, or per 90-day supply (as ap9 plicable) to the plan or issuer, 10 and to participants and bene11 ficiaries; 12 ‘‘(bb) the median amount 13 charged to such plan or issuer, 14 and the interquartile range of the 15 costs, per dosage unit, per 30- 16 day supply, and per 90-day sup17 ply, including amounts paid by 18 the participants and bene19 ficiaries, when the same drug is 20 dispensed by other pharmacies 21 that are not affiliated with or 22 under common ownership with 23 the entity and that are included 24 in the pharmacy network of such 25 plan or coverage; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00845 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 846. 846 1 ‘‘(cc) the lowest cost per 2 dosage unit, per 30-day supply 3 and per 90-day supply, for each 4 such drug, including amounts 5 charged to the plan or coverage 6 and to participants and bene7 ficiaries, that is available from 8 any pharmacy included in the 9 network of such plan or coverage; 10 and 11 ‘‘(dd) the net acquisition 12 cost per dosage unit, per 30-day 13 supply, and per 90-day supply, if 14 such drug is subject to a max15 imum price discount; and 16 ‘‘(B) with respect to any group health 17 plan, including group health insurance coverage 18 offered in connection with such a plan, regard19 less of whether the plan or coverage is offered 20 by a specified large employer or whether it is a 21 specified large plan— 22 ‘‘(i) a summary document for the 23 group health plan that includes such infor24 mation described in clauses (i) through (iv) 25 of subparagraph (A), as specified by the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00846 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 847. 847 1 Secretary through guidance, program in2 struction, or otherwise (with no require3 ment of notice and comment rulemaking), 4 that the Secretary determines useful to 5 group health plans for purposes of select6 ing pharmacy benefit management serv7 ices, such as an estimated net price to 8 group health plan and participant or bene9 ficiary, a cost per claim, the fee structure 10 or reimbursement model, and estimated 11 cost per participant or beneficiary; 12 ‘‘(ii) a summary document for plans 13 and issuers to provide to participants and 14 beneficiaries, which shall be made available 15 to participants or beneficiaries upon re16 quest to their group health plan (including 17 in the case of group health insurance cov18 erage offered in connection with such a 19 plan), that— 20 ‘‘(I) contains such information 21 described in clauses (iii), (iv), (v), and 22 (vi), as applicable, as specified by the 23 Secretary through guidance, program 24 instruction, or otherwise (with no re25 quirement of notice and comment VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00847 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 848. 848 1 rulemaking) that the Secretary deter2 mines useful to participants or bene3 ficiaries in better understanding the 4 plan or coverage or benefits under 5 such plan or coverage; 6 ‘‘(II) contains only aggregate in7 formation; and 8 ‘‘(III) states that participants 9 and beneficiaries may request specific, 10 claims-level information required to be 11 furnished under subsection (c) from 12 the group health plan or health insur13 ance issuer; and 14 ‘‘(iii) with respect to drugs covered by 15 such plan or coverage during such report16 ing period— 17 ‘‘(I) the total net spending by the 18 plan or coverage for all such drugs; 19 ‘‘(II) the total amount received, 20 or expected to be received, by the plan 21 or issuer from any applicable entity in 22 rebates, fees, alternative discounts, or 23 other remuneration; and 24 ‘‘(III) to the extent feasible, in25 formation on the total amount of reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00848 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 849. 849 1 muneration for such drugs, including 2 copayment assistance dollars paid, co3 payment cards applied, or other dis4 counts provided by each drug manu5 facturer (or entity administering co6 payment assistance on behalf of such 7 drug manufacturer) to participants 8 and beneficiaries; 9 ‘‘(iv) amounts paid directly or indi10 rectly in rebates, fees, or any other type of 11 compensation (as defined in section 12 408(b)(2)(B)(ii)(dd)(AA) of the Employee 13 Retirement Income Security Act) to bro14 kerage firms, brokers, consultants, advi15 sors, or any other individual or firm, for— 16 ‘‘(I) the referral of the group 17 health plan’s or health insurance 18 issuer’s business to an entity pro19 viding pharmacy benefit management 20 services, including the identity of the 21 recipient of such amounts; 22 ‘‘(II) consideration of the entity 23 providing pharmacy benefit manage24 ment services by the group health 25 plan or health insurance issuer; or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00849 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 850. 850 1 ‘‘(III) the retention of the entity 2 by the group health plan or health in3 surance issuer; 4 ‘‘(v) an explanation of any benefit de5 sign parameters that encourage or require 6 participants and beneficiaries in such plan 7 or coverage to fill prescriptions at mail 8 order, specialty, or retail pharmacies that 9 are affiliated with or under common own10 ership with the entity providing pharmacy 11 benefit management services under such 12 plan or coverage, including mandatory mail 13 and specialty home delivery programs, re14 tail and mail auto-refill programs, and 15 cost-sharing assistance incentives directly 16 or indirectly funded by such entity; and 17 ‘‘(vi) total gross spending on all drugs 18 under the plan or coverage during the re19 porting period. 20 ‘‘(3) OPT-IN FOR GROUP HEALTH INSURANCE 21 COVERAGE OFFERED BY A SPECIFIED LARGE EM22 PLOYER OR THAT IS A SPECIFIED LARGE PLAN.—In 23 the case of group health insurance coverage offered 24 in connection with a group health plan that is of25 fered by a specified large employer or is a specified VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00850 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 851. 851 1 large plan, such group health plan may, on an an2 nual basis, for plan years beginning on or after the 3 date that is 30 months after the date of enactment 4 of this section, elect to require an entity providing 5 pharmacy benefit management services on behalf of 6 the health insurance issuer to submit to such group 7 health plan a report that includes all of the informa8 tion described in paragraph (2)(A), in addition to 9 the information described in paragraph (2)(B). 10 ‘‘(4) PRIVACY REQUIREMENTS.— 11 ‘‘(A) IN GENERAL.—An entity providing 12 pharmacy benefit management services on be13 half of a group health plan or a health insur14 ance issuer offering group health insurance cov15 erage shall report information under paragraph 16 (1) in a manner consistent with the privacy reg17 ulations promulgated under section 13402(a) of 18 the Health Information Technology for Eco19 nomic and Clinical Health Act and consistent 20 with the privacy regulations promulgated under 21 the Health Insurance Portability and Account22 ability Act of 1996 in part 160 and subparts A 23 and E of part 164 of title 45, Code of Federal 24 Regulations (or successor regulations) (referred 25 to in this paragraph as the ‘HIPAA privacy VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00851 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 852. 852 1 regulations’) and shall restrict the use and dis2 closure of such information according to such 3 privacy regulations and such HIPAA privacy 4 regulations. 5 ‘‘(B) ADDITIONAL REQUIREMENTS.— 6 ‘‘(i) IN GENERAL.—An entity pro7 viding pharmacy benefit management serv8 ices on behalf of a group health plan or 9 health insurance issuer offering group 10 health insurance coverage that submits a 11 report under paragraph (1) shall ensure 12 that such report contains only summary 13 health information, as defined in section 14 164.504(a) of title 45, Code of Federal 15 Regulations (or successor regulations). 16 ‘‘(ii) RESTRICTIONS.—In carrying out 17 this subsection, a group health plan shall 18 comply with section 164.504(f) of title 45, 19 Code of Federal Regulations (or a suc20 cessor regulation), and a plan sponsor shall 21 act in accordance with the terms of the 22 agreement described in such section. 23 ‘‘(C) RULE OF CONSTRUCTION.— 24 ‘‘(i) Nothing in this section shall be 25 construed to modify the requirements for VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00852 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 853. 853 1 the creation, receipt, maintenance, or 2 transmission of protected health informa3 tion under the HIPAA privacy regulations. 4 ‘‘(ii) Nothing in this section shall be 5 construed to affect the application of any 6 Federal or State privacy or civil rights law, 7 including the HIPAA privacy regulations, 8 the Genetic Information Nondiscrimination 9 Act of 2008 (Public Law 110–233) (in10 cluding the amendments made by such 11 Act), the Americans with Disabilities Act 12 of 1990 (42 U.S.C. 12101 et sec), section 13 504 of the Rehabilitation Act of 1973 (29 14 U.S.C. 794), section 1557 of the Patient 15 Protection and Affordable Care Act (42 16 U.S.C. 18116), title VI of the Civil Rights 17 Act of 1964 (42 U.S.C. 2000d), and title 18 VII of the Civil Rights Act of 1964 (42 19 U.S.C. 2000e). 20 ‘‘(D) WRITTEN NOTICE.—Each plan year, 21 group health plans, including with respect to 22 group health insurance coverage offered in con23 nection with a group health plan, shall provide 24 to each participant or beneficiary written notice 25 informing the participant or beneficiary of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00853 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 854. 854 1 requirement for entities providing pharmacy 2 benefit management services on behalf of the 3 group health plan or health insurance issuer of4 fering group health insurance coverage to sub5 mit reports to group health plans under para6 graph (1), as applicable, which may include in7 corporating such notification in plan documents 8 provided to the participant or beneficiary, or 9 providing individual notification. 10 ‘‘(E) LIMITATION TO BUSINESS ASSOCI11 ATES.—A group health plan receiving a report 12 under paragraph (1) may disclose such informa13 tion only to the entity from which the report 14 was received or to that entity’s business associ15 ates as defined in section 160.103 of title 45, 16 Code of Federal Regulations (or successor regu17 lations) or as permitted by the HIPAA privacy 18 regulations. 19 ‘‘(F) CLARIFICATION REGARDING PUBLIC 20 DISCLOSURE OF INFORMATION.—Nothing in 21 this section shall prevent an entity providing 22 pharmacy benefit management services on be23 half of a group health plan or health insurance 24 issuer offering group health insurance coverage, 25 from placing reasonable restrictions on the pubVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00854 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 855. 855 1 lic disclosure of the information contained in a 2 report described in paragraph (1), except that 3 such plan, issuer, or entity may not— 4 ‘‘(i) restrict disclosure of such report 5 to the Department of Health and Human 6 Services, the Department of Labor, or the 7 Department of the Treasury; or 8 ‘‘(ii) prevent disclosure for the pur9 poses of subsection (c), or any other public 10 disclosure requirement under this section. 11 ‘‘(G) LIMITED FORM OF REPORT.—The 12 Secretary shall define through rulemaking a 13 limited form of the report under paragraph (1) 14 required with respect to any group health plan 15 established by a plan sponsor that is, or is af16 filiated with, a drug manufacturer, drug whole17 saler, or other direct participant in the drug 18 supply chain, in order to prevent anti-competi19 tive behavior. 20 ‘‘(5) STANDARD FORMAT AND REGULATIONS.— 21 ‘‘(A) IN GENERAL.—Not later than 18 22 months after the date of enactment of this sec23 tion, the Secretary shall specify through rule24 making a standard format for entities providing 25 pharmacy benefit management services on beVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00855 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 856. 856 1 half of group health plans and health insurance 2 issuers offering group health insurance cov3 erage, to submit reports required under para4 graph (1). 5 ‘‘(B) ADDITIONAL REGULATIONS.—Not 6 later than 18 months after the date of enact7 ment of this section, the Secretary shall, 8 through rulemaking, promulgate any other final 9 regulations necessary to implement the require10 ments of this section. In promulgating such 11 regulations, the Secretary shall, to the extent 12 practicable, align the reporting requirements 13 under this section with the reporting require14 ments under section 2799A–10. 15 ‘‘(c) REQUIREMENT TO PROVIDE INFORMATION TO 16 PARTICIPANTS OR BENEFICIARIES.—A group health plan, 17 including with respect to group health insurance coverage 18 offered in connection with a group health plan, upon re19 quest of a participant or beneficiary, shall provide to such 20 participant or beneficiary— 21 ‘‘(1) the summary document described in sub22 section (b)(2)(B)(ii); and 23 ‘‘(2) the information described in subsection 24 (b)(2)(A)(i)(III) with respect to a claim made by or 25 on behalf of such participant or beneficiary. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00856 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 857. 857 1 ‘‘(d) ENFORCEMENT.— 2 ‘‘(1) IN GENERAL.—The Secretary shall enforce 3 this section. The enforcement authority under this 4 subsection shall apply only with respect to group 5 health plans (including group health insurance cov6 erage offered in connection with such a plan) to 7 which the requirements of subparts I and II of part 8 A and part D apply in accordance with section 2722, 9 and with respect to entities providing pharmacy ben10 efit management services on behalf of such plans 11 and applicable entities providing services on behalf 12 of such plans. 13 ‘‘(2) FAILURE TO PROVIDE INFORMATION.—A 14 group health plan, a health insurance issuer offering 15 group health insurance coverage, an entity providing 16 pharmacy benefit management services on behalf of 17 such a plan or issuer, or an applicable entity pro18 viding services on behalf of such a plan or issuer 19 that violates subsection (a); an entity providing 20 pharmacy benefit management services on behalf of 21 such a plan or issuer that fails to provide the infor22 mation required under subsection (b); or a group 23 health plan that fails to provide the information re24 quired under subsection (c), shall be subject to a 25 civil monetary penalty in the amount of $10,000 for VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00857 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 858. 858 1 each day during which such violation continues or 2 such information is not disclosed or reported. 3 ‘‘(3) FALSE INFORMATION.—A health insurance 4 issuer, an entity providing pharmacy benefit man5 agement services, or a third party administrator pro6 viding services on behalf of such issuer offered by a 7 health insurance issuer that knowingly provides false 8 information under this section shall be subject to a 9 civil monetary penalty in an amount not to exceed 10 $100,000 for each item of false information. Such 11 civil monetary penalty shall be in addition to other 12 penalties as may be prescribed by law. 13 ‘‘(4) PROCEDURE.—The provisions of section 14 1128A of the Social Security Act, other than sub15 sections (a) and (b) and the first sentence of sub16 section (c)(1) of such section shall apply to civil 17 monetary penalties under this subsection in the 18 same manner as such provisions apply to a penalty 19 or proceeding under such section. 20 ‘‘(5) WAIVERS.—The Secretary may waive pen21 alties under paragraph (2), or extend the period of 22 time for compliance with a requirement of this sec23 tion, for an entity in violation of this section that 24 has made a good-faith effort to comply with the re25 quirements in this section. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00858 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 859. 859 1 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to permit a health insurance issuer, 3 group health plan, entity providing pharmacy benefit man4 agement services on behalf of a group health plan or 5 health insurance issuer, or other entity to restrict disclo6 sure to, or otherwise limit the access of, the Secretary to 7 a report described in subsection (b)(1) or information re8 lated to compliance with subsections (a), (b), (c), or (d) 9 by such issuer, plan, or entity. 10 ‘‘(f) DEFINITIONS.—In this section: 11 ‘‘(1) APPLICABLE ENTITY.—The term ‘applica12 ble entity’ means— 13 ‘‘(A) an applicable group purchasing orga14 nization, drug manufacturer, distributor, whole15 saler, rebate aggregator (or other purchasing 16 entity designed to aggregate rebates), or associ17 ated third party; 18 ‘‘(B) any subsidiary, parent, affiliate, or 19 subcontractor of a group health plan, health in20 surance issuer, entity that provides pharmacy 21 benefit management services on behalf of such 22 a plan or issuer, or any entity described in sub23 paragraph (A); or 24 ‘‘(C) such other entity as the Secretary 25 may specify through rulemaking. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00859 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 860. 860 1 ‘‘(2) APPLICABLE GROUP PURCHASING ORGANI2 ZATION.—The term ‘applicable group purchasing or3 ganization’ means a group purchasing organization 4 that is affiliated with or under common ownership 5 with an entity providing pharmacy benefit manage6 ment services. 7 ‘‘(3) CONTRACTED COMPENSATION.—The term 8 ‘contracted compensation’ means the sum of any in9 gredient cost and dispensing fee for a drug (inclusive 10 of the out-of-pocket costs to the participant or bene11 ficiary), or another analogous compensation struc12 ture that the Secretary may specify through regula13 tions. 14 ‘‘(4) GROSS SPENDING.—The term ‘gross 15 spending’, with respect to prescription drug benefits 16 under a group health plan or health insurance cov17 erage, means the amount spent by a group health 18 plan or health insurance issuer on prescription drug 19 benefits, calculated before the application of rebates, 20 fees, alternative discounts, or other remuneration. 21 ‘‘(5) NET SPENDING.—The term ‘net spending’, 22 with respect to prescription drug benefits under a 23 group health plan or health insurance coverage, 24 means the amount spent by a group health plan or 25 health insurance issuer on prescription drug beneVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00860 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 861. 861 1 fits, calculated after the application of rebates, fees, 2 alternative discounts, or other remuneration. 3 ‘‘(6) PLAN SPONSOR.—The term ‘plan sponsor’ 4 has the meaning given such term in section 3(16)(B) 5 of the Employee Retirement Income Security Act of 6 1974. 7 ‘‘(7) REMUNERATION.—The term ‘remunera8 tion’ has the meaning given such term by the Sec9 retary through rulemaking, which shall be reevalu10 ated by the Secretary every 5 years. 11 ‘‘(8) SPECIFIED LARGE EMPLOYER.—The term 12 ‘specified large employer’ means, in connection with 13 a group health plan (including group health insur14 ance coverage offered in connection with such a 15 plan) established or maintained by a single em16 ployer, with respect to a calendar year or a plan 17 year, as applicable, an employer who employed an 18 average of at least 100 employees on business days 19 during the preceding calendar year or plan year and 20 who employs at least 1 employee on the first day of 21 the calendar year or plan year. 22 ‘‘(9) SPECIFIED LARGE PLAN.—The term ‘spec23 ified large plan’ means a group health plan (includ24 ing group health insurance coverage offered in con25 nection with such a plan) established or maintained VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00861 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 862. 862 1 by a plan sponsor described in clause (ii) or (iii) of 2 section 3(16)(B) of the Employee Retirement In3 come Security Act of 1974 that had an average of 4 at least 100 participants on business days during 5 the preceding calendar year or plan year, as applica6 ble. 7 ‘‘(10) WHOLESALE ACQUISITION COST.—The 8 term ‘wholesale acquisition cost’ has the meaning 9 given such term in section 1847A(c)(6)(B) of the 10 Social Security Act.’’; and 11 (2) in section 2723 (42 U.S.C. 300gg–22)— 12 (A) in subsection (a)— 13 (i) in paragraph (1), by inserting 14 ‘‘(other than section 2799A–11)’’ after 15 ‘‘part D’’; and 16 (ii) in paragraph (2), by inserting 17 ‘‘(other than section 2799A–11)’’ after 18 ‘‘part D’’; and 19 (B) in subsection (b)— 20 (i) in paragraph (1), by inserting 21 ‘‘(other than section 2799A–11)’’ after 22 ‘‘part D’’; 23 (ii) in paragraph (2)(A), by inserting 24 ‘‘(other than section 2799A–11)’’ after 25 ‘‘part D’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00862 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 863. 863 1 (iii) in paragraph (2)(C)(ii), by insert2 ing ‘‘(other than section 2799A–11)’’ after 3 ‘‘part D’’. 4 (b) EMPLOYEE RETIREMENT INCOME SECURITY ACT 5 OF 1974.— 6 (1) IN GENERAL.—Subtitle B of title I of the 7 Employee Retirement Income Security Act of 1974 8 (29 U.S.C. 1021 et seq.) is amended— 9 (A) in subpart B of part 7 (29 U.S.C. 10 1185 et seq.), by adding at the end the fol11 lowing: 12 ‘‘SEC. 726. OVERSIGHT OF ENTITIES THAT PROVIDE PHAR13 MACY BENEFIT MANAGEMENT SERVICES. 14 ‘‘(a) IN GENERAL.—For plan years beginning on or 15 after the date that is 30 months after the date of enact16 ment of this section (referred to in this subsection and 17 subsection (b) as the ‘effective date’), a group health plan 18 or a health insurance issuer offering group health insur19 ance coverage, or an entity providing pharmacy benefit 20 management services on behalf of such a plan or issuer, 21 shall not enter into a contract, including an extension or 22 renewal of a contract, entered into on or after the effective 23 date, with an applicable entity unless such applicable enti24 ty agrees to— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00863 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 864. 864 1 ‘‘(1) not limit or delay the disclosure of infor2 mation to the group health plan (including such a 3 plan offered through a health insurance issuer) in 4 such a manner that prevents an entity providing 5 pharmacy benefit management services on behalf of 6 a group health plan or health insurance issuer offer7 ing group health insurance coverage from making 8 the reports described in subsection (b); and 9 ‘‘(2) provide the entity providing pharmacy ben10 efit management services on behalf of a group health 11 plan or health insurance issuer relevant information 12 necessary to make the reports described in sub13 section (b). 14 ‘‘(b) REPORTS.— 15 ‘‘(1) IN GENERAL.—For plan years beginning 16 on or after the effective date, in the case of any con17 tract between a group health plan or a health insur18 ance issuer offering group health insurance coverage 19 offered in connection with such a plan and an entity 20 providing pharmacy benefit management services on 21 behalf of such plan or issuer, including an extension 22 or renewal of such a contract, entered into on or 23 after the effective date, the entity providing phar24 macy benefit management services on behalf of such 25 a group health plan or health insurance issuer, not VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00864 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 865. 865 1 less frequently than every 6 months (or, at the re2 quest of a group health plan, not less frequently 3 than quarterly, and under the same conditions, 4 terms, and cost of the semiannual report under this 5 subsection), shall submit to the group health plan a 6 report in accordance with this section. Each such re7 port shall be made available to such group health 8 plan in plain language, in a machine-readable for9 mat, and as the Secretary may determine, other for10 mats. Each such report shall include the information 11 described in paragraph (2). 12 ‘‘(2) INFORMATION DESCRIBED.—For purposes 13 of paragraph (1), the information described in this 14 paragraph is, with respect to drugs covered by a 15 group health plan or group health insurance cov16 erage offered by a health insurance issuer in connec17 tion with a group health plan during each reporting 18 period— 19 ‘‘(A) in the case of a group health plan 20 that is offered by a specified large employer or 21 that is a specified large plan, and is not offered 22 as health insurance coverage, or in the case of 23 health insurance coverage for which the election 24 under paragraph (3) is made for the applicable 25 reporting period— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00865 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 866. 866 1 ‘‘(i) a list of drugs for which a claim 2 was filed and, with respect to each such 3 drug on such list— 4 ‘‘(I) the contracted compensation 5 paid by the group health plan or 6 health insurance issuer for each cov7 ered drug (identified by the National 8 Drug Code) to the entity providing 9 pharmacy benefit management serv10 ices or other applicable entity on be11 half of the group health plan or health 12 insurance issuer; 13 ‘‘(II) the contracted compensa14 tion paid to the pharmacy, by any en15 tity providing pharmacy benefit man16 agement services or other applicable 17 entity on behalf of the group health 18 plan or health insurance issuer, for 19 each covered drug (identified by the 20 National Drug Code); 21 ‘‘(III) for each such claim, the 22 difference between the amount paid 23 under subclause (I) and the amount 24 paid under subclause (II); VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00866 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 867. 867 1 ‘‘(IV) the proprietary name, es2 tablished name or proper name, and 3 National Drug Code; 4 ‘‘(V) for each claim for the drug 5 (including original prescriptions and 6 refills) and for each dosage unit of the 7 drug for which a claim was filed, the 8 type of dispensing channel used to 9 furnish the drug, including retail, mail 10 order, or specialty pharmacy; 11 ‘‘(VI) with respect to each drug 12 dispensed, for each type of dispensing 13 channel (including retail, mail order, 14 or specialty pharmacy)— 15 ‘‘(aa) whether such drug is a 16 brand name drug or a generic 17 drug, and— 18 ‘‘(AA) in the case of a 19 brand name drug, the whole20 sale acquisition cost, listed 21 as cost per days supply and 22 cost per dosage unit, on the 23 date such drug was dis24 pensed; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00867 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 868. 868 1 ‘‘(BB) in the case of a 2 generic drug, the average 3 wholesale price, listed as 4 cost per days supply and 5 cost per dosage unit, on the 6 date such drug was dis7 pensed; and 8 ‘‘(bb) the total number of— 9 ‘‘(AA) prescription 10 claims (including original 11 prescriptions and refills); 12 ‘‘(BB) participants and 13 beneficiaries for whom a 14 claim for such drug was 15 filed through the applicable 16 dispensing channel; 17 ‘‘(CC) dosage units and 18 dosage units per fill of such 19 drug; and 20 ‘‘(DD) days supply of 21 such drug per fill; 22 ‘‘(VII) the net price per course of 23 treatment or single fill, such as a 30- 24 day supply or 90-day supply to the 25 plan or coverage after rebates, fees, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00868 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 869. 869 1 alternative discounts, or other remu2 neration received from applicable enti3 ties; 4 ‘‘(VIII) the total amount of out5 of-pocket spending by participants 6 and beneficiaries on such drug, in7 cluding spending through copayments, 8 coinsurance, and deductibles, but not 9 including any amounts spent by par10 ticipants and beneficiaries on drugs 11 not covered under the plan or cov12 erage, or for which no claim is sub13 mitted under the plan or coverage; 14 ‘‘(IX) the total net spending on 15 the drug; 16 ‘‘(X) the total amount received, 17 or expected to be received, by the plan 18 or issuer from any applicable entity in 19 rebates, fees, alternative discounts, or 20 other remuneration; 21 ‘‘(XI) the total amount received, 22 or expected to be received, by the enti23 ty providing pharmacy benefit man24 agement services, from applicable en25 tities, in rebates, fees, alternative disVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00869 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 870. 870 1 counts, or other remuneration from 2 such entities— 3 ‘‘(aa) for claims incurred 4 during the reporting period; and 5 ‘‘(bb) that is related to utili6 zation of such drug or spending 7 on such drug; and 8 ‘‘(XII) to the extent feasible, in9 formation on the total amount of re10 muneration for such drug, including 11 copayment assistance dollars paid, co12 payment cards applied, or other dis13 counts provided by each drug manu14 facturer (or entity administering co15 payment assistance on behalf of such 16 drug manufacturer), to the partici17 pants and beneficiaries enrolled in 18 such plan or coverage; 19 ‘‘(ii) a list of each therapeutic class 20 (as defined by the Secretary) for which a 21 claim was filed under the group health 22 plan or health insurance coverage during 23 the reporting period, and, with respect to 24 each such therapeutic class— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00870 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 871. 871 1 ‘‘(I) the total gross spending on 2 drugs in such class before rebates, 3 price concessions, alternative dis4 counts, or other remuneration from 5 applicable entities; 6 ‘‘(II) the net spending in such 7 class after such rebates, price conces8 sions, alternative discounts, or other 9 remuneration from applicable entities; 10 ‘‘(III) the total amount received, 11 or expected to be received, by the enti12 ty providing pharmacy benefit man13 agement services, from applicable en14 tities, in rebates, fees, alternative dis15 counts, or other remuneration from 16 such entities— 17 ‘‘(aa) for claims incurred 18 during the reporting period; and 19 ‘‘(bb) that is related to utili20 zation of drugs or drug spending; 21 ‘‘(IV) the average net spending 22 per 30-day supply and per 90-day 23 supply by the plan or by the issuer 24 with respect to such coverage and its 25 participants and beneficiaries, among VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00871 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 872. 872 1 all drugs within the therapeutic class 2 for which a claim was filed during the 3 reporting period; 4 ‘‘(V) the number of participants 5 and beneficiaries who filled a prescrip6 tion for a drug in such class, includ7 ing the National Drug Code for each 8 such drug; 9 ‘‘(VI) if applicable, a description 10 of the formulary tiers and utilization 11 mechanisms (such as prior authoriza12 tion or step therapy) employed for 13 drugs in that class; and 14 ‘‘(VII) the total out-of-pocket 15 spending under the plan or coverage 16 by participants and beneficiaries, in17 cluding spending through copayments, 18 coinsurance, and deductibles, but not 19 including any amounts spent by par20 ticipants and beneficiaries on drugs 21 not covered under the plan or cov22 erage or for which no claim is sub23 mitted under the plan or coverage; 24 ‘‘(iii) with respect to any drug for 25 which gross spending under the group VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00872 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 873. 873 1 health plan or health insurance coverage 2 exceeded $10,000 during the reporting pe3 riod or, in the case that gross spending 4 under the group health plan or coverage 5 exceeded $10,000 during the reporting pe6 riod with respect to fewer than 50 drugs, 7 with respect to the 50 prescription drugs 8 with the highest spending during the re9 porting period— 10 ‘‘(I) a list of all other drugs in 11 the same therapeutic class as such 12 drug; 13 ‘‘(II) if applicable, the rationale 14 for the formulary placement of such 15 drug in that therapeutic category or 16 class, selected from a list of standard 17 rationales established by the Sec18 retary, in consultation with stake19 holders; and 20 ‘‘(III) any change in formulary 21 placement compared to the prior plan 22 year; and 23 ‘‘(iv) in the case that such plan or 24 issuer (or an entity providing pharmacy 25 benefit management services on behalf of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00873 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 874. 874 1 such plan or issuer) has an affiliated phar2 macy or pharmacy under common owner3 ship, including mandatory mail and spe4 cialty home delivery programs, retail and 5 mail auto-refill programs, and cost sharing 6 assistance incentives funded by an entity 7 providing pharmacy benefit services— 8 ‘‘(I) an explanation of any ben9 efit design parameters that encourage 10 or require participants and bene11 ficiaries in the plan or coverage to fill 12 prescriptions at mail order, specialty, 13 or retail pharmacies; 14 ‘‘(II) the percentage of total pre15 scriptions dispensed by such phar16 macies to participants or beneficiaries 17 in such plan or coverage; and 18 ‘‘(III) a list of all drugs dis19 pensed by such pharmacies to partici20 pants or beneficiaries enrolled in such 21 plan or coverage, and, with respect to 22 each drug dispensed— 23 ‘‘(aa) the amount charged, 24 per dosage unit, per 30-day sup25 ply, or per 90-day supply (as apVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00874 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 875. 875 1 plicable) to the plan or issuer, 2 and to participants and bene3 ficiaries; 4 ‘‘(bb) the median amount 5 charged to such plan or issuer, 6 and the interquartile range of the 7 costs, per dosage unit, per 30- 8 day supply, and per 90-day sup9 ply, including amounts paid by 10 the participants and bene11 ficiaries, when the same drug is 12 dispensed by other pharmacies 13 that are not affiliated with or 14 under common ownership with 15 the entity and that are included 16 in the pharmacy network of such 17 plan or coverage; 18 ‘‘(cc) the lowest cost per 19 dosage unit, per 30-day supply 20 and per 90-day supply, for each 21 such drug, including amounts 22 charged to the plan or coverage 23 and to participants and bene24 ficiaries, that is available from 25 any pharmacy included in the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00875 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 876. 876 1 network of such plan or coverage; 2 and 3 ‘‘(dd) the net acquisition 4 cost per dosage unit, per 30-day 5 supply, and per 90-day supply, if 6 such drug is subject to a max7 imum price discount; and 8 ‘‘(B) with respect to any group health 9 plan, including group health insurance coverage 10 offered in connection with such a plan, regard11 less of whether the plan or coverage is offered 12 by a specified large employer or whether it is a 13 specified large plan— 14 ‘‘(i) a summary document for the 15 group health plan that includes such infor16 mation described in clauses (i) through (iv) 17 of subparagraph (A), as specified by the 18 Secretary through guidance, program in19 struction, or otherwise (with no require20 ment of notice and comment rulemaking), 21 that the Secretary determines useful to 22 group health plans for purposes of select23 ing pharmacy benefit management serv24 ices, such as an estimated net price to 25 group health plan and participant or beneVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00876 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 877. 877 1 ficiary, a cost per claim, the fee structure 2 or reimbursement model, and estimated 3 cost per participant or beneficiary; 4 ‘‘(ii) a summary document for plans 5 and issuers to provide to participants and 6 beneficiaries, which shall be made available 7 to participants or beneficiaries upon re8 quest to their group health plan (including 9 in the case of group health insurance cov10 erage offered in connection with such a 11 plan), that— 12 ‘‘(I) contains such information 13 described in clauses (iii), (iv), (v), and 14 (vi), as applicable, as specified by the 15 Secretary through guidance, program 16 instruction, or otherwise (with no re17 quirement of notice and comment 18 rulemaking) that the Secretary deter19 mines useful to participants or bene20 ficiaries in better understanding the 21 plan or coverage or benefits under 22 such plan or coverage; 23 ‘‘(II) contains only aggregate in24 formation; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00877 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 878. 878 1 ‘‘(III) states that participants 2 and beneficiaries may request specific, 3 claims-level information required to be 4 furnished under subsection (c) from 5 the group health plan or health insur6 ance issuer; and 7 ‘‘(iii) with respect to drugs covered by 8 such plan or coverage during such report9 ing period— 10 ‘‘(I) the total net spending by the 11 plan or coverage for all such drugs; 12 ‘‘(II) the total amount received, 13 or expected to be received, by the plan 14 or issuer from any applicable entity in 15 rebates, fees, alternative discounts, or 16 other remuneration; and 17 ‘‘(III) to the extent feasible, in18 formation on the total amount of re19 muneration for such drugs, including 20 copayment assistance dollars paid, co21 payment cards applied, or other dis22 counts provided by each drug manu23 facturer (or entity administering co24 payment assistance on behalf of such VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00878 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 879. 879 1 drug manufacturer) to participants 2 and beneficiaries; 3 ‘‘(iv) amounts paid directly or indi4 rectly in rebates, fees, or any other type of 5 compensation (as defined in section 6 408(b)(2)(B)(ii)(dd)(AA)) to brokerage 7 firms, brokers, consultants, advisors, or 8 any other individual or firm, for— 9 ‘‘(I) the referral of the group 10 health plan’s or health insurance 11 issuer’s business to an entity pro12 viding pharmacy benefit management 13 services, including the identity of the 14 recipient of such amounts; 15 ‘‘(II) consideration of the entity 16 providing pharmacy benefit manage17 ment services by the group health 18 plan or health insurance issuer; or 19 ‘‘(III) the retention of the entity 20 by the group health plan or health in21 surance issuer; 22 ‘‘(v) an explanation of any benefit de23 sign parameters that encourage or require 24 participants and beneficiaries in such plan 25 or coverage to fill prescriptions at mail VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00879 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 880. 880 1 order, specialty, or retail pharmacies that 2 are affiliated with or under common own3 ership with the entity providing pharmacy 4 benefit management services under such 5 plan or coverage, including mandatory mail 6 and specialty home delivery programs, re7 tail and mail auto-refill programs, and 8 cost-sharing assistance incentives directly 9 or indirectly funded by such entity; and 10 ‘‘(vi) total gross spending on all drugs 11 under the plan or coverage during the re12 porting period. 13 ‘‘(3) OPT-IN FOR GROUP HEALTH INSURANCE 14 COVERAGE OFFERED BY A SPECIFIED LARGE EM15 PLOYER OR THAT IS A SPECIFIED LARGE PLAN.—In 16 the case of group health insurance coverage offered 17 in connection with a group health plan that is of18 fered by a specified large employer or is a specified 19 large plan, such group health plan may, on an an20 nual basis, for plan years beginning on or after the 21 date that is 30 months after the date of enactment 22 of this section, elect to require an entity providing 23 pharmacy benefit management services on behalf of 24 the health insurance issuer to submit to such group 25 health plan a report that includes all of the informaVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00880 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 881. 881 1 tion described in paragraph (2)(A), in addition to 2 the information described in paragraph (2)(B). 3 ‘‘(4) PRIVACY REQUIREMENTS.— 4 ‘‘(A) IN GENERAL.—An entity providing 5 pharmacy benefit management services on be6 half of a group health plan or a health insur7 ance issuer offering group health insurance cov8 erage shall report information under paragraph 9 (1) in a manner consistent with the privacy reg10 ulations promulgated under section 13402(a) of 11 the Health Information Technology for Eco12 nomic and Clinical Health Act (42 U.S.C. 13 17932(a)) and consistent with the privacy regu14 lations promulgated under the Health Insur15 ance Portability and Accountability Act of 1996 16 in part 160 and subparts A and E of part 164 17 of title 45, Code of Federal Regulations (or suc18 cessor regulations) (referred to in this para19 graph as the ‘HIPAA privacy regulations’) and 20 shall restrict the use and disclosure of such in21 formation according to such privacy regulations 22 and such HIPAA privacy regulations. 23 ‘‘(B) ADDITIONAL REQUIREMENTS.— 24 ‘‘(i) IN GENERAL.—An entity pro25 viding pharmacy benefit management servVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00881 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 882. 882 1 ices on behalf of a group health plan or 2 health insurance issuer offering group 3 health insurance coverage that submits a 4 report under paragraph (1) shall ensure 5 that such report contains only summary 6 health information, as defined in section 7 164.504(a) of title 45, Code of Federal 8 Regulations (or successor regulations). 9 ‘‘(ii) RESTRICTIONS.—In carrying out 10 this subsection, a group health plan shall 11 comply with section 164.504(f) of title 45, 12 Code of Federal Regulations (or a suc13 cessor regulation), and a plan sponsor shall 14 act in accordance with the terms of the 15 agreement described in such section. 16 ‘‘(C) RULE OF CONSTRUCTION.— 17 ‘‘(i) Nothing in this section shall be 18 construed to modify the requirements for 19 the creation, receipt, maintenance, or 20 transmission of protected health informa21 tion under the HIPAA privacy regulations. 22 ‘‘(ii) Nothing in this section shall be 23 construed to affect the application of any 24 Federal or State privacy or civil rights law, 25 including the HIPAA privacy regulations, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00882 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 883. 883 1 the Genetic Information Nondiscrimination 2 Act of 2008 (Public Law 110–233) (in3 cluding the amendments made by such 4 Act), the Americans with Disabilities Act 5 of 1990 (42 U.S.C. 12101 et sec), section 6 504 of the Rehabilitation Act of 1973 (29 7 U.S.C. 794), section 1557 of the Patient 8 Protection and Affordable Care Act (42 9 U.S.C. 18116), title VI of the Civil Rights 10 Act of 1964 (42 U.S.C. 2000d), and title 11 VII of the Civil Rights Act of 1964 (42 12 U.S.C. 2000e). 13 ‘‘(D) WRITTEN NOTICE.—Each plan year, 14 group health plans, including with respect to 15 group health insurance coverage offered in con16 nection with a group health plan, shall provide 17 to each participant or beneficiary written notice 18 informing the participant or beneficiary of the 19 requirement for entities providing pharmacy 20 benefit management services on behalf of the 21 group health plan or health insurance issuer of22 fering group health insurance coverage to sub23 mit reports to group health plans under para24 graph (1), as applicable, which may include in25 corporating such notification in plan documents VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00883 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 884. 884 1 provided to the participant or beneficiary, or 2 providing individual notification. 3 ‘‘(E) LIMITATION TO BUSINESS ASSOCI4 ATES.—A group health plan receiving a report 5 under paragraph (1) may disclose such informa6 tion only to the entity from which the report 7 was received or to that entity’s business associ8 ates as defined in section 160.103 of title 45, 9 Code of Federal Regulations (or successor regu10 lations) or as permitted by the HIPAA privacy 11 regulations. 12 ‘‘(F) CLARIFICATION REGARDING PUBLIC 13 DISCLOSURE OF INFORMATION.—Nothing in 14 this section shall prevent an entity providing 15 pharmacy benefit management services on be16 half of a group health plan or health insurance 17 issuer offering group health insurance coverage, 18 from placing reasonable restrictions on the pub19 lic disclosure of the information contained in a 20 report described in paragraph (1), except that 21 such plan, issuer, or entity may not— 22 ‘‘(i) restrict disclosure of such report 23 to the Department of Health and Human 24 Services, the Department of Labor, or the 25 Department of the Treasury; or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00884 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 885. 885 1 ‘‘(ii) prevent disclosure for the pur2 poses of subsection (c), or any other public 3 disclosure requirement under this section. 4 ‘‘(G) LIMITED FORM OF REPORT.—The 5 Secretary shall define through rulemaking a 6 limited form of the report under paragraph (1) 7 required with respect to any group health plan 8 established by a plan sponsor that is, or is af9 filiated with, a drug manufacturer, drug whole10 saler, or other direct participant in the drug 11 supply chain, in order to prevent anti-competi12 tive behavior. 13 ‘‘(5) STANDARD FORMAT AND REGULATIONS.— 14 ‘‘(A) IN GENERAL.—Not later than 18 15 months after the date of enactment of this sec16 tion, the Secretary shall specify through rule17 making a standard format for entities providing 18 pharmacy benefit management services on be19 half of group health plans and health insurance 20 issuers offering group health insurance cov21 erage, to submit reports required under para22 graph (1). 23 ‘‘(B) ADDITIONAL REGULATIONS.—Not 24 later than 18 months after the date of enact25 ment of this section, the Secretary shall, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00885 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 886. 886 1 through rulemaking, promulgate any other final 2 regulations necessary to implement the require3 ments of this section. In promulgating such 4 regulations, the Secretary shall, to the extent 5 practicable, align the reporting requirements 6 under this section with the reporting require7 ments under section 725. 8 ‘‘(c) REQUIREMENT TO PROVIDE INFORMATION TO 9 PARTICIPANTS OR BENEFICIARIES.—A group health plan, 10 including with respect to group health insurance coverage 11 offered in connection with a group health plan, upon re12 quest of a participant or beneficiary, shall provide to such 13 participant or beneficiary— 14 ‘‘(1) the summary document described in sub15 section (b)(2)(B)(ii); and 16 ‘‘(2) the information described in subsection 17 (b)(2)(A)(i)(III) with respect to a claim made by or 18 on behalf of such participant or beneficiary. 19 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to permit a health insurance issuer, 21 group health plan, entity providing pharmacy benefit man22 agement services on behalf of a group health plan or 23 health insurance issuer, or other entity to restrict disclo24 sure to, or otherwise limit the access of, the Secretary to 25 a report described in subsection (b)(1) or information reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00886 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 887. 887 1 lated to compliance with subsections (a), (b), or (c) of this 2 section or section 502(c)(13) by such issuer, plan, or enti3 ty. 4 ‘‘(e) DEFINITIONS.—In this section: 5 ‘‘(1) APPLICABLE ENTITY.—The term ‘applica6 ble entity’ means— 7 ‘‘(A) an applicable group purchasing orga8 nization, drug manufacturer, distributor, whole9 saler, rebate aggregator (or other purchasing 10 entity designed to aggregate rebates), or associ11 ated third party; 12 ‘‘(B) any subsidiary, parent, affiliate, or 13 subcontractor of a group health plan, health in14 surance issuer, entity that provides pharmacy 15 benefit management services on behalf of such 16 a plan or issuer, or any entity described in sub17 paragraph (A); or 18 ‘‘(C) such other entity as the Secretary 19 may specify through rulemaking. 20 ‘‘(2) APPLICABLE GROUP PURCHASING ORGANI21 ZATION.—The term ‘applicable group purchasing or22 ganization’ means a group purchasing organization 23 that is affiliated with or under common ownership 24 with an entity providing pharmacy benefit manage25 ment services. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00887 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 888. 888 1 ‘‘(3) CONTRACTED COMPENSATION.—The term 2 ‘contracted compensation’ means the sum of any in3 gredient cost and dispensing fee for a drug (inclusive 4 of the out-of-pocket costs to the participant or bene5 ficiary), or another analogous compensation struc6 ture that the Secretary may specify through regula7 tions. 8 ‘‘(4) GROSS SPENDING.—The term ‘gross 9 spending’, with respect to prescription drug benefits 10 under a group health plan or health insurance cov11 erage, means the amount spent by a group health 12 plan or health insurance issuer on prescription drug 13 benefits, calculated before the application of rebates, 14 fees, alternative discounts, or other remuneration. 15 ‘‘(5) NET SPENDING.—The term ‘net spending’, 16 with respect to prescription drug benefits under a 17 group health plan or health insurance coverage, 18 means the amount spent by a group health plan or 19 health insurance issuer on prescription drug bene20 fits, calculated after the application of rebates, fees, 21 alternative discounts, or other remuneration. 22 ‘‘(6) PLAN SPONSOR.—The term ‘plan sponsor’ 23 has the meaning given such term in section 24 3(16)(B). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00888 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 889. 889 1 ‘‘(7) REMUNERATION.—The term ‘remunera2 tion’ has the meaning given such term by the Sec3 retary through rulemaking, which shall be reevalu4 ated by the Secretary every 5 years. 5 ‘‘(8) SPECIFIED LARGE EMPLOYER.—The term 6 ‘specified large employer’ means, in connection with 7 a group health plan (including group health insur8 ance coverage offered in connection with such a 9 plan) established or maintained by a single em10 ployer, with respect to a calendar year or a plan 11 year, as applicable, an employer who employed an 12 average of at least 100 employees on business days 13 during the preceding calendar year or plan year and 14 who employs at least 1 employee on the first day of 15 the calendar year or plan year. 16 ‘‘(9) SPECIFIED LARGE PLAN.—The term ‘spec17 ified large plan’ means a group health plan (includ18 ing group health insurance coverage offered in con19 nection with such a plan) established or maintained 20 by a plan sponsor described in clause (ii) or (iii) of 21 section 3(16)(B) that had an average of at least 100 22 participants on business days during the preceding 23 calendar year or plan year, as applicable. 24 ‘‘(10) WHOLESALE ACQUISITION COST.—The 25 term ‘wholesale acquisition cost’ has the meaning VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00889 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 890. 890 1 given such term in section 1847A(c)(6)(B) of the 2 Social Security Act (42 U.S.C. 1395w– 3 3a(c)(6)(B)).’’; 4 (B) in section 502 (29 U.S.C. 1132)— 5 (i) in subsection (a)(6), by striking 6 ‘‘or (9)’’ and inserting ‘‘(9), or (13)’’; 7 (ii) in subsection (b)(3), by striking 8 ‘‘under subsection (c)(9)’’ and inserting 9 ‘‘under paragraphs (9) and (13) of sub10 section (c)’’; and 11 (iii) in subsection (c), by adding at 12 the end the following: 13 ‘‘(13) SECRETARIAL ENFORCEMENT AUTHORITY 14 RELATING TO OVERSIGHT OF PHARMACY BENEFIT 15 MANAGEMENT SERVICES.— 16 ‘‘(A) FAILURE TO PROVIDE INFORMA17 TION.—The Secretary may impose a penalty 18 against a plan administrator of a group health 19 plan, a health insurance issuer offering group 20 health insurance coverage, or an entity pro21 viding pharmacy benefit management services 22 on behalf of such a plan or issuer, or an appli23 cable entity (as defined in section 726(f)) that 24 violates section 726(a); an entity providing 25 pharmacy benefit management services on beVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00890 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 891. 891 1 half of such a plan or issuer that fails to pro2 vide the information required under section 3 726(b); or any person who causes a group 4 health plan to fail to provide the information 5 required under section 726(c), in the amount of 6 $10,000 for each day during which such viola7 tion continues or such information is not dis8 closed or reported. 9 ‘‘(B) FALSE INFORMATION.—The Sec10 retary may impose a penalty against a plan ad11 ministrator of a group health plan, a health in12 surance issuer offering group health insurance 13 coverage, an entity providing pharmacy benefit 14 management services, or an applicable entity 15 (as defined in section 726(f)) that knowingly 16 provides false information under section 726, in 17 an amount not to exceed $100,000 for each 18 item of false information. Such penalty shall be 19 in addition to other penalties as may be pre20 scribed by law. 21 ‘‘(C) WAIVERS.—The Secretary may waive 22 penalties under subparagraph (A), or extend 23 the period of time for compliance with a re24 quirement of this section, for an entity in viola25 tion of section 726 that has made a good-faith VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00891 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 892. 892 1 effort to comply with the requirements of sec2 tion 726.’’; and 3 (C) in section 732(a) (29 U.S.C. 4 1191a(a)), by striking ‘‘section 711’’ and in5 serting ‘‘sections 711 and 726’’. 6 (2) CLERICAL AMENDMENT.—The table of con7 tents in section 1 of the Employee Retirement In8 come Security Act of 1974 (29 U.S.C. 1001 et seq.) 9 is amended by inserting after the item relating to 10 section 725 the following new item: ‘‘Sec. 726. Oversight of entities that provide pharmacy benefit management services.’’. 11 (c) INTERNAL REVENUE CODE OF 1986.— 12 (1) IN GENERAL.—Chapter 100 of the Internal 13 Revenue Code of 1986 is amended— 14 (A) by adding at the end of subchapter B 15 the following: 16 ‘‘SEC. 9826. OVERSIGHT OF ENTITIES THAT PROVIDE PHAR17 MACY BENEFIT MANAGEMENT SERVICES. 18 ‘‘(a) IN GENERAL.—For plan years beginning on or 19 after the date that is 30 months after the date of enact20 ment of this section (referred to in this subsection and 21 subsection (b) as the ‘effective date’), a group health plan, 22 or an entity providing pharmacy benefit management serv23 ices on behalf of such a plan, shall not enter into a con24 tract, including an extension or renewal of a contract, enVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00892 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 893. 893 1 tered into on or after the effective date, with an applicable 2 entity unless such applicable entity agrees to— 3 ‘‘(1) not limit or delay the disclosure of infor4 mation to the group health plan in such a manner 5 that prevents an entity providing pharmacy benefit 6 management services on behalf of a group health 7 plan from making the reports described in sub8 section (b); and 9 ‘‘(2) provide the entity providing pharmacy ben10 efit management services on behalf of a group health 11 plan relevant information necessary to make the re12 ports described in subsection (b). 13 ‘‘(b) REPORTS.— 14 ‘‘(1) IN GENERAL.—For plan years beginning 15 on or after the effective date, in the case of any con16 tract between a group health plan and an entity pro17 viding pharmacy benefit management services on be18 half of such plan, including an extension or renewal 19 of such a contract, entered into on or after the effec20 tive date, the entity providing pharmacy benefit 21 management services on behalf of such a group 22 health plan, not less frequently than every 6 months 23 (or, at the request of a group health plan, not less 24 frequently than quarterly, and under the same con25 ditions, terms, and cost of the semiannual report VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00893 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 894. 894 1 under this subsection), shall submit to the group 2 health plan a report in accordance with this section. 3 Each such report shall be made available to such 4 group health plan in plain language, in a machine5 readable format, and as the Secretary may deter6 mine, other formats. Each such report shall include 7 the information described in paragraph (2). 8 ‘‘(2) INFORMATION DESCRIBED.—For purposes 9 of paragraph (1), the information described in this 10 paragraph is, with respect to drugs covered by a 11 group health plan during each reporting period— 12 ‘‘(A) in the case of a group health plan 13 that is offered by a specified large employer or 14 that is a specified large plan, and is not offered 15 as health insurance coverage, or in the case of 16 health insurance coverage for which the election 17 under paragraph (3) is made for the applicable 18 reporting period— 19 ‘‘(i) a list of drugs for which a claim 20 was filed and, with respect to each such 21 drug on such list— 22 ‘‘(I) the contracted compensation 23 paid by the group health plan for each 24 covered drug (identified by the Na25 tional Drug Code) to the entity proVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00894 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 895. 895 1 viding pharmacy benefit management 2 services or other applicable entity on 3 behalf of the group health plan; 4 ‘‘(II) the contracted compensa5 tion paid to the pharmacy, by any en6 tity providing pharmacy benefit man7 agement services or other applicable 8 entity on behalf of the group health 9 plan, for each covered drug (identified 10 by the National Drug Code); 11 ‘‘(III) for each such claim, the 12 difference between the amount paid 13 under subclause (I) and the amount 14 paid under subclause (II); 15 ‘‘(IV) the proprietary name, es16 tablished name or proper name, and 17 National Drug Code; 18 ‘‘(V) for each claim for the drug 19 (including original prescriptions and 20 refills) and for each dosage unit of the 21 drug for which a claim was filed, the 22 type of dispensing channel used to 23 furnish the drug, including retail, mail 24 order, or specialty pharmacy; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00895 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 896. 896 1 ‘‘(VI) with respect to each drug 2 dispensed, for each type of dispensing 3 channel (including retail, mail order, 4 or specialty pharmacy)— 5 ‘‘(aa) whether such drug is a 6 brand name drug or a generic 7 drug, and— 8 ‘‘(AA) in the case of a 9 brand name drug, the whole10 sale acquisition cost, listed 11 as cost per days supply and 12 cost per dosage unit, on the 13 date such drug was dis14 pensed; and 15 ‘‘(BB) in the case of a 16 generic drug, the average 17 wholesale price, listed as 18 cost per days supply and 19 cost per dosage unit, on the 20 date such drug was dis21 pensed; and 22 ‘‘(bb) the total number of— 23 ‘‘(AA) prescription 24 claims (including original 25 prescriptions and refills); VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00896 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 897. 897 1 ‘‘(BB) participants and 2 beneficiaries for whom a 3 claim for such drug was 4 filed through the applicable 5 dispensing channel; 6 ‘‘(CC) dosage units and 7 dosage units per fill of such 8 drug; and 9 ‘‘(DD) days supply of 10 such drug per fill; 11 ‘‘(VII) the net price per course of 12 treatment or single fill, such as a 30- 13 day supply or 90-day supply to the 14 plan after rebates, fees, alternative 15 discounts, or other remuneration re16 ceived from applicable entities; 17 ‘‘(VIII) the total amount of out18 of-pocket spending by participants 19 and beneficiaries on such drug, in20 cluding spending through copayments, 21 coinsurance, and deductibles, but not 22 including any amounts spent by par23 ticipants and beneficiaries on drugs 24 not covered under the plan, or for VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00897 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 898. 898 1 which no claim is submitted under the 2 plan; 3 ‘‘(IX) the total net spending on 4 the drug; 5 ‘‘(X) the total amount received, 6 or expected to be received, by the plan 7 from any applicable entity in rebates, 8 fees, alternative discounts, or other 9 remuneration; 10 ‘‘(XI) the total amount received, 11 or expected to be received, by the enti12 ty providing pharmacy benefit man13 agement services, from applicable en14 tities, in rebates, fees, alternative dis15 counts, or other remuneration from 16 such entities— 17 ‘‘(aa) for claims incurred 18 during the reporting period; and 19 ‘‘(bb) that is related to utili20 zation of such drug or spending 21 on such drug; and 22 ‘‘(XII) to the extent feasible, in23 formation on the total amount of re24 muneration for such drug, including 25 copayment assistance dollars paid, coVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00898 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 899. 899 1 payment cards applied, or other dis2 counts provided by each drug manu3 facturer (or entity administering co4 payment assistance on behalf of such 5 drug manufacturer), to the partici6 pants and beneficiaries enrolled in 7 such plan; 8 ‘‘(ii) a list of each therapeutic class 9 (as defined by the Secretary) for which a 10 claim was filed under the group health 11 plan during the reporting period, and, with 12 respect to each such therapeutic class— 13 ‘‘(I) the total gross spending on 14 drugs in such class before rebates, 15 price concessions, alternative dis16 counts, or other remuneration from 17 applicable entities; 18 ‘‘(II) the net spending in such 19 class after such rebates, price conces20 sions, alternative discounts, or other 21 remuneration from applicable entities; 22 ‘‘(III) the total amount received, 23 or expected to be received, by the enti24 ty providing pharmacy benefit man25 agement services, from applicable enVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00899 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 900. 900 1 tities, in rebates, fees, alternative dis2 counts, or other remuneration from 3 such entities— 4 ‘‘(aa) for claims incurred 5 during the reporting period; and 6 ‘‘(bb) that is related to utili7 zation of drugs or drug spending; 8 ‘‘(IV) the average net spending 9 per 30-day supply and per 90-day 10 supply by the plan and its partici11 pants and beneficiaries, among all 12 drugs within the therapeutic class for 13 which a claim was filed during the re14 porting period; 15 ‘‘(V) the number of participants 16 and beneficiaries who filled a prescrip17 tion for a drug in such class, includ18 ing the National Drug Code for each 19 such drug; 20 ‘‘(VI) if applicable, a description 21 of the formulary tiers and utilization 22 mechanisms (such as prior authoriza23 tion or step therapy) employed for 24 drugs in that class; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00900 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 901. 901 1 ‘‘(VII) the total out-of-pocket 2 spending under the plan by partici3 pants and beneficiaries, including 4 spending through copayments, coin5 surance, and deductibles, but not in6 cluding any amounts spent by partici7 pants and beneficiaries on drugs not 8 covered under the plan or for which 9 no claim is submitted under the plan; 10 ‘‘(iii) with respect to any drug for 11 which gross spending under the group 12 health plan exceeded $10,000 during the 13 reporting period or, in the case that gross 14 spending under the group health plan ex15 ceeded $10,000 during the reporting pe16 riod with respect to fewer than 50 drugs, 17 with respect to the 50 prescription drugs 18 with the highest spending during the re19 porting period— 20 ‘‘(I) a list of all other drugs in 21 the same therapeutic class as such 22 drug; 23 ‘‘(II) if applicable, the rationale 24 for the formulary placement of such 25 drug in that therapeutic category or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00901 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 902. 902 1 class, selected from a list of standard 2 rationales established by the Sec3 retary, in consultation with stake4 holders; and 5 ‘‘(III) any change in formulary 6 placement compared to the prior plan 7 year; and 8 ‘‘(iv) in the case that such plan (or an 9 entity providing pharmacy benefit manage10 ment services on behalf of such plan) has 11 an affiliated pharmacy or pharmacy under 12 common ownership, including mandatory 13 mail and specialty home delivery programs, 14 retail and mail auto-refill programs, and 15 cost sharing assistance incentives funded 16 by an entity providing pharmacy benefit 17 services— 18 ‘‘(I) an explanation of any ben19 efit design parameters that encourage 20 or require participants and bene21 ficiaries in the plan to fill prescrip22 tions at mail order, specialty, or retail 23 pharmacies; 24 ‘‘(II) the percentage of total pre25 scriptions dispensed by such pharVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00902 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 903. 903 1 macies to participants or beneficiaries 2 in such plan; and 3 ‘‘(III) a list of all drugs dis4 pensed by such pharmacies to partici5 pants or beneficiaries enrolled in such 6 plan, and, with respect to each drug 7 dispensed— 8 ‘‘(aa) the amount charged, 9 per dosage unit, per 30-day sup10 ply, or per 90-day supply (as ap11 plicable) to the plan, and to par12 ticipants and beneficiaries; 13 ‘‘(bb) the median amount 14 charged to such plan, and the 15 interquartile range of the costs, 16 per dosage unit, per 30-day sup17 ply, and per 90-day supply, in18 cluding amounts paid by the par19 ticipants and beneficiaries, when 20 the same drug is dispensed by 21 other pharmacies that are not af22 filiated with or under common 23 ownership with the entity and 24 that are included in the phar25 macy network of such plan; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00903 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 904. 904 1 ‘‘(cc) the lowest cost per 2 dosage unit, per 30-day supply 3 and per 90-day supply, for each 4 such drug, including amounts 5 charged to the plan and to par6 ticipants and beneficiaries, that 7 is available from any pharmacy 8 included in the network of such 9 plan; and 10 ‘‘(dd) the net acquisition 11 cost per dosage unit, per 30-day 12 supply, and per 90-day supply, if 13 such drug is subject to a max14 imum price discount; and 15 ‘‘(B) with respect to any group health 16 plan, regardless of whether the plan is offered 17 by a specified large employer or whether it is a 18 specified large plan— 19 ‘‘(i) a summary document for the 20 group health plan that includes such infor21 mation described in clauses (i) through (iv) 22 of subparagraph (A), as specified by the 23 Secretary through guidance, program in24 struction, or otherwise (with no require25 ment of notice and comment rulemaking), VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00904 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 905. 905 1 that the Secretary determines useful to 2 group health plans for purposes of select3 ing pharmacy benefit management serv4 ices, such as an estimated net price to 5 group health plan and participant or bene6 ficiary, a cost per claim, the fee structure 7 or reimbursement model, and estimated 8 cost per participant or beneficiary; 9 ‘‘(ii) a summary document for plans 10 to provide to participants and beneficiaries, 11 which shall be made available to partici12 pants or beneficiaries upon request to their 13 group health plan, that— 14 ‘‘(I) contains such information 15 described in clauses (iii), (iv), (v), and 16 (vi), as applicable, as specified by the 17 Secretary through guidance, program 18 instruction, or otherwise (with no re19 quirement of notice and comment 20 rulemaking) that the Secretary deter21 mines useful to participants or bene22 ficiaries in better understanding the 23 plan or benefits under such plan; 24 ‘‘(II) contains only aggregate in25 formation; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00905 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 906. 906 1 ‘‘(III) states that participants 2 and beneficiaries may request specific, 3 claims-level information required to be 4 furnished under subsection (c) from 5 the group health plan; and 6 ‘‘(iii) with respect to drugs covered by 7 such plan during such reporting period— 8 ‘‘(I) the total net spending by the 9 plan for all such drugs; 10 ‘‘(II) the total amount received, 11 or expected to be received, by the plan 12 from any applicable entity in rebates, 13 fees, alternative discounts, or other 14 remuneration; and 15 ‘‘(III) to the extent feasible, in16 formation on the total amount of re17 muneration for such drugs, including 18 copayment assistance dollars paid, co19 payment cards applied, or other dis20 counts provided by each drug manu21 facturer (or entity administering co22 payment assistance on behalf of such 23 drug manufacturer) to participants 24 and beneficiaries; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00906 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 907. 907 1 ‘‘(iv) amounts paid directly or indi2 rectly in rebates, fees, or any other type of 3 compensation (as defined in section 4 408(b)(2)(B)(ii)(dd)(AA) of the Employee 5 Retirement Income Security Act (29 6 U.S.C. 1108(b)(2)(B)(ii)(dd)(AA))) to bro7 kerage firms, brokers, consultants, advi8 sors, or any other individual or firm, for— 9 ‘‘(I) the referral of the group 10 health plan’s business to an entity 11 providing pharmacy benefit manage12 ment services, including the identity 13 of the recipient of such amounts; 14 ‘‘(II) consideration of the entity 15 providing pharmacy benefit manage16 ment services by the group health 17 plan; or 18 ‘‘(III) the retention of the entity 19 by the group health plan; 20 ‘‘(v) an explanation of any benefit de21 sign parameters that encourage or require 22 participants and beneficiaries in such plan 23 to fill prescriptions at mail order, specialty, 24 or retail pharmacies that are affiliated with 25 or under common ownership with the entiVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00907 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 908. 908 1 ty providing pharmacy benefit management 2 services under such plan, including manda3 tory mail and specialty home delivery pro4 grams, retail and mail auto-refill pro5 grams, and cost-sharing assistance incen6 tives directly or indirectly funded by such 7 entity; and 8 ‘‘(vi) total gross spending on all drugs 9 under the plan during the reporting period. 10 ‘‘(3) OPT-IN FOR GROUP HEALTH INSURANCE 11 COVERAGE OFFERED BY A SPECIFIED LARGE EM12 PLOYER OR THAT IS A SPECIFIED LARGE PLAN.—In 13 the case of group health insurance coverage offered 14 in connection with a group health plan that is of15 fered by a specified large employer or is a specified 16 large plan, such group health plan may, on an an17 nual basis, for plan years beginning on or after the 18 date that is 30 months after the date of enactment 19 of this section, elect to require an entity providing 20 pharmacy benefit management services on behalf of 21 the health insurance issuer to submit to such group 22 health plan a report that includes all of the informa23 tion described in paragraph (2)(A), in addition to 24 the information described in paragraph (2)(B). 25 ‘‘(4) PRIVACY REQUIREMENTS.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00908 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 909. 909 1 ‘‘(A) IN GENERAL.—An entity providing 2 pharmacy benefit management services on be3 half of a group health plan shall report infor4 mation under paragraph (1) in a manner con5 sistent with the privacy regulations promul6 gated under section 13402(a) of the Health In7 formation Technology for Economic and Clin8 ical Health Act (42 U.S.C. 17932(a)) and con9 sistent with the privacy regulations promul10 gated under the Health Insurance Portability 11 and Accountability Act of 1996 in part 160 and 12 subparts A and E of part 164 of title 45, Code 13 of Federal Regulations (or successor regula14 tions) (referred to in this paragraph as the 15 ‘HIPAA privacy regulations’) and shall restrict 16 the use and disclosure of such information ac17 cording to such privacy regulations and such 18 HIPAA privacy regulations. 19 ‘‘(B) ADDITIONAL REQUIREMENTS.— 20 ‘‘(i) IN GENERAL.—An entity pro21 viding pharmacy benefit management serv22 ices on behalf of a group health plan that 23 submits a report under paragraph (1) shall 24 ensure that such report contains only sum25 mary health information, as defined in secVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00909 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 910. 910 1 tion 164.504(a) of title 45, Code of Fed2 eral Regulations (or successor regulations). 3 ‘‘(ii) RESTRICTIONS.—In carrying out 4 this subsection, a group health plan shall 5 comply with section 164.504(f) of title 45, 6 Code of Federal Regulations (or a suc7 cessor regulation), and a plan sponsor shall 8 act in accordance with the terms of the 9 agreement described in such section. 10 ‘‘(C) RULE OF CONSTRUCTION.— 11 ‘‘(i) Nothing in this section shall be 12 construed to modify the requirements for 13 the creation, receipt, maintenance, or 14 transmission of protected health informa15 tion under the HIPAA privacy regulations. 16 ‘‘(ii) Nothing in this section shall be 17 construed to affect the application of any 18 Federal or State privacy or civil rights law, 19 including the HIPAA privacy regulations, 20 the Genetic Information Nondiscrimination 21 Act of 2008 (Public Law 110–233) (in22 cluding the amendments made by such 23 Act), the Americans with Disabilities Act 24 of 1990 (42 U.S.C. 12101 et sec), section 25 504 of the Rehabilitation Act of 1973 (29 VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00910 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 911. 911 1 U.S.C. 794), section 1557 of the Patient 2 Protection and Affordable Care Act (42 3 U.S.C. 18116), title VI of the Civil Rights 4 Act of 1964 (42 U.S.C. 2000d), and title 5 VII of the Civil Rights Act of 1964 (42 6 U.S.C. 2000e). 7 ‘‘(D) WRITTEN NOTICE.—Each plan year, 8 group health plans shall provide to each partici9 pant or beneficiary written notice informing the 10 participant or beneficiary of the requirement for 11 entities providing pharmacy benefit manage12 ment services on behalf of the group health 13 plan to submit reports to group health plans 14 under paragraph (1), as applicable, which may 15 include incorporating such notification in plan 16 documents provided to the participant or bene17 ficiary, or providing individual notification. 18 ‘‘(E) LIMITATION TO BUSINESS ASSOCI19 ATES.—A group health plan receiving a report 20 under paragraph (1) may disclose such informa21 tion only to the entity from which the report 22 was received or to that entity’s business associ23 ates as defined in section 160.103 of title 45, 24 Code of Federal Regulations (or successor reguVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00911 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 912. 912 1 lations) or as permitted by the HIPAA privacy 2 regulations. 3 ‘‘(F) CLARIFICATION REGARDING PUBLIC 4 DISCLOSURE OF INFORMATION.—Nothing in 5 this section shall prevent an entity providing 6 pharmacy benefit management services on be7 half of a group health plan, from placing rea8 sonable restrictions on the public disclosure of 9 the information contained in a report described 10 in paragraph (1), except that such plan or enti11 ty may not— 12 ‘‘(i) restrict disclosure of such report 13 to the Department of Health and Human 14 Services, the Department of Labor, or the 15 Department of the Treasury; or 16 ‘‘(ii) prevent disclosure for the pur17 poses of subsection (c), or any other public 18 disclosure requirement under this section. 19 ‘‘(G) LIMITED FORM OF REPORT.—The 20 Secretary shall define through rulemaking a 21 limited form of the report under paragraph (1) 22 required with respect to any group health plan 23 established by a plan sponsor that is, or is af24 filiated with, a drug manufacturer, drug whole25 saler, or other direct participant in the drug VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00912 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 913. 913 1 supply chain, in order to prevent anti-competi2 tive behavior. 3 ‘‘(5) STANDARD FORMAT AND REGULATIONS.— 4 ‘‘(A) IN GENERAL.—Not later than 18 5 months after the date of enactment of this sec6 tion, the Secretary shall specify through rule7 making a standard format for entities providing 8 pharmacy benefit management services on be9 half of group health plans, to submit reports re10 quired under paragraph (1). 11 ‘‘(B) ADDITIONAL REGULATIONS.—Not 12 later than 18 months after the date of enact13 ment of this section, the Secretary shall, 14 through rulemaking, promulgate any other final 15 regulations necessary to implement the require16 ments of this section. In promulgating such 17 regulations, the Secretary shall, to the extent 18 practicable, align the reporting requirements 19 under this section with the reporting require20 ments under section 9825. 21 ‘‘(c) REQUIREMENT TO PROVIDE INFORMATION TO 22 PARTICIPANTS OR BENEFICIARIES.—A group health plan, 23 upon request of a participant or beneficiary, shall provide 24 to such participant or beneficiary— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00913 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 914. 914 1 ‘‘(1) the summary document described in sub2 section (b)(2)(B)(ii); and 3 ‘‘(2) the information described in subsection 4 (b)(2)(A)(i)(III) with respect to a claim made by or 5 on behalf of such participant or beneficiary. 6 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed to permit a health insurance issuer, 8 group health plan, entity providing pharmacy benefit man9 agement services on behalf of a group health plan or 10 health insurance issuer, or other entity to restrict disclo11 sure to, or otherwise limit the access of, the Secretary to 12 a report described in subsection (b)(1) or information re13 lated to compliance with subsections (a), (b), or (c) of this 14 section or section 4980D(g) by such issuer, plan, or entity. 15 ‘‘(e) DEFINITIONS.—In this section: 16 ‘‘(1) APPLICABLE ENTITY.—The term ‘applica17 ble entity’ means— 18 ‘‘(A) an applicable group purchasing orga19 nization, drug manufacturer, distributor, whole20 saler, rebate aggregator (or other purchasing 21 entity designed to aggregate rebates), or associ22 ated third party; 23 ‘‘(B) any subsidiary, parent, affiliate, or 24 subcontractor of a group health plan, health in25 surance issuer, entity that provides pharmacy VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00914 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 915. 915 1 benefit management services on behalf of such 2 a plan or issuer, or any entity described in sub3 paragraph (A); or 4 ‘‘(C) such other entity as the Secretary 5 may specify through rulemaking. 6 ‘‘(2) APPLICABLE GROUP PURCHASING ORGANI7 ZATION.—The term ‘applicable group purchasing or8 ganization’ means a group purchasing organization 9 that is affiliated with or under common ownership 10 with an entity providing pharmacy benefit manage11 ment services. 12 ‘‘(3) CONTRACTED COMPENSATION.—The term 13 ‘contracted compensation’ means the sum of any in14 gredient cost and dispensing fee for a drug (inclusive 15 of the out-of-pocket costs to the participant or bene16 ficiary), or another analogous compensation struc17 ture that the Secretary may specify through regula18 tions. 19 ‘‘(4) GROSS SPENDING.—The term ‘gross 20 spending’, with respect to prescription drug benefits 21 under a group health plan, means the amount spent 22 by a group health plan on prescription drug benefits, 23 calculated before the application of rebates, fees, al24 ternative discounts, or other remuneration. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00915 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 916. 916 1 ‘‘(5) NET SPENDING.—The term ‘net spending’, 2 with respect to prescription drug benefits under a 3 group health plan, means the amount spent by a 4 group health plan on prescription drug benefits, cal5 culated after the application of rebates, fees, alter6 native discounts, or other remuneration. 7 ‘‘(6) PLAN SPONSOR.—The term ‘plan sponsor’ 8 has the meaning given such term in section 3(16)(B) 9 of the Employee Retirement Income Security Act of 10 1974 (29 U.S.C. 1002(16)(B)). 11 ‘‘(7) REMUNERATION.—The term ‘remunera12 tion’ has the meaning given such term by the Sec13 retary, through rulemaking, which shall be reevalu14 ated by the Secretary every 5 years. 15 ‘‘(8) SPECIFIED LARGE EMPLOYER.—The term 16 ‘specified large employer’ means, in connection with 17 a group health plan established or maintained by a 18 single employer, with respect to a calendar year or 19 a plan year, as applicable, an employer who em20 ployed an average of at least 100 employees on busi21 ness days during the preceding calendar year or plan 22 year and who employs at least 1 employee on the 23 first day of the calendar year or plan year. 24 ‘‘(9) SPECIFIED LARGE PLAN.—The term ‘spec25 ified large plan’ means a group health plan estabVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00916 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 917. 917 1 lished or maintained by a plan sponsor described in 2 clause (ii) or (iii) of section 3(16)(B) of the Em3 ployee Retirement Income Security Act of 1974 (29 4 U.S.C. 1002(16)(B)) that had an average of at least 5 100 participants on business days during the pre6 ceding calendar year or plan year, as applicable. 7 ‘‘(10) WHOLESALE ACQUISITION COST.—The 8 term ‘wholesale acquisition cost’ has the meaning 9 given such term in section 1847A(c)(6)(B) of the 10 Social Security Act (42 U.S.C. 1395w– 11 3a(c)(6)(B)).’’; 12 (2) EXCEPTION FOR CERTAIN GROUP HEALTH 13 PLANS.—Section 9831(a)(2) of the Internal Revenue 14 Code of 1986 is amended by inserting ‘‘other than 15 with respect to section 9826,’’ before ‘‘any group 16 health plan’’. 17 (3) ENFORCEMENT.—Section 4980D of the In18 ternal Revenue Code of 1986 is amended by adding 19 at the end the following new subsection: 20 ‘‘(g) APPLICATION TO REQUIREMENTS IMPOSED ON 21 CERTAIN ENTITIES PROVIDING PHARMACY BENEFIT 22 MANAGEMENT SERVICES.—In the case of any requirement 23 under section 9826 that applies with respect to an entity 24 providing pharmacy benefit management services on be25 half of a group health plan, any reference in this section VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00917 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 918. 918 1 to such group health plan (and the reference in subsection 2 (e)(1) to the employer) shall be treated as including a ref3 erence to such entity.’’. 4 (4) CLERICAL AMENDMENT.—The table of sec5 tions for subchapter B of chapter 100 of the Inter6 nal Revenue Code of 1986 is amended by adding at 7 the end the following new item: ‘‘Sec. 9826. Oversight of entities that provide pharmacy benefit management services.’’. 8 SEC. 902. FULL REBATE PASS THROUGH TO PLAN; EXCEP9 TION FOR INNOCENT PLAN FIDUCIARIES. 10 (a) IN GENERAL.—Section 408(b)(2) of the Em11 ployee Retirement Income Security Act of 1974 (29 12 U.S.C. 1108(b)(2)) is amended— 13 (1) in subparagraph (B)(viii)— 14 (A) by redesignating subclauses (II) 15 through (IV) as subclauses (III) through (V), 16 respectively; 17 (B) in subclause (I)— 18 (i) by striking ‘‘subclause (II)’’ and 19 inserting ‘‘subclause (III)’’; and 20 (ii) by striking ‘‘subclauses (II) and 21 (III)’’ and inserting ‘‘subclauses (III) and 22 (IV)’’; and 23 (C) by inserting after subclause (I) the fol24 lowing: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00918 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 919. 919 1 ‘‘(II) Pursuant to subsection (a), subpara2 graphs (C) and (D) of section 406(a)(1) shall not 3 apply to a responsible plan fiduciary, notwith4 standing any failure to remit required amounts 5 under subparagraph (C)(i), if the following condi6 tions are met: 7 ‘‘(aa) The responsible plan fiduciary did 8 not know that the covered service provider 9 failed or would fail to make required remit10 tances and reasonably believed that the covered 11 service provider remitted such required 12 amounts. 13 ‘‘(bb) The responsible plan fiduciary, upon 14 discovering that the covered service provider 15 failed to remit the required amounts, requests 16 in writing that the covered service provider 17 remit such amounts. 18 ‘‘(cc) If the covered service provider fails 19 to comply with a written request described in 20 subclause (III) within 90 days of the request, 21 the responsible plan fiduciary notifies the Sec22 retary of the covered service provider’s failure, 23 in accordance with subclauses (III) and (IV).’’; 24 and 25 (2) by adding at the end the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00919 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 920. 920 1 ‘‘(C)(i)(I) For plan years beginning on or after 2 the date that is 30 months after the date of enact3 ment of this subparagraph (referred to in this clause 4 as the ‘effective date’), no contract or arrangement 5 or renewal or extension of a contract or arrange6 ment, entered into on or after the effective date, for 7 services between a covered plan and a covered serv8 ice provider, through a health insurance issuer offer9 ing group health insurance coverage, a third party 10 administrator, an entity providing pharmacy benefit 11 management services, or other entity, for pharmacy 12 benefit management services, is reasonable within 13 the meaning of this paragraph unless such entity 14 providing pharmacy benefit management services— 15 ‘‘(aa) remits 100 percent of rebates, fees, 16 alternative discounts, and other remuneration 17 received from any applicable entity that are re18 lated to utilization of drugs or drug spending 19 under such health plan or health insurance cov20 erage, to the group health plan or health insur21 ance issuer offering group health insurance cov22 erage; and 23 ‘‘(bb) does not enter into any contract for 24 pharmacy benefit management services on be25 half of such a plan or coverage, with an applicaVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00920 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 921. 921 1 ble entity unless 100 percent of rebates, fees, 2 alternative discounts, and other remuneration 3 received under such contract that are related to 4 the utilization of drugs or drug spending under 5 such group health plan or health insurance cov6 erage are remitted to the group health plan or 7 health insurance issuer by the entity providing 8 pharmacy benefit management services. 9 ‘‘(II) Nothing in subclause (I) shall be con10 strued to affect the term of a contract or arrange11 ment, as in effect on the effective date (as described 12 in such subclause), except that such subclause shall 13 apply to any renewal or extension of such a contract 14 or arrangement entered into on or after such effec15 tive date, as so described. 16 ‘‘(ii) With respect to such rebates, fees, alter17 native discounts, and other remuneration— 18 ‘‘(I) the rebates, fees, alternative dis19 counts, and other remuneration under clause 20 (i)(I) shall be— 21 ‘‘(aa) remitted— 22 ‘‘(AA) on a quarterly basis, to 23 the group health plan or the group 24 health insurance issuer, not later than VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00921 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 922. 922 1 90 days after the end of each quarter; 2 or 3 ‘‘(BB) in the case of an under4 payment in a remittance for a prior 5 quarter, as soon as practicable, but 6 not later than 90 days after notice of 7 the underpayment is first given; 8 ‘‘(bb) fully disclosed and enumerated 9 to the group health plan or health insur10 ance issuer; and 11 ‘‘(cc) returned to the covered service 12 provider for pharmacy benefit management 13 services on behalf of the group health plan 14 if any audit by a plan sponsor, issuer or a 15 third party designated by a plan sponsor, 16 indicates that the amounts received are in17 correct after such amounts have been paid 18 to the group health plan or health insur19 ance issuer; 20 ‘‘(II) the Secretary may establish proce21 dures for the remittance of rebates fees, alter22 native discounts, and other remuneration under 23 subclause (I)(aa) and the disclosure of rebates, 24 fees, alternative discounts, and other remunera25 tion under subclause (I)(bb); and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00922 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 923. 923 1 ‘‘(III) the records of such rebates, fees, al2 ternative discounts, and other remuneration 3 shall be available for audit by the plan sponsor, 4 issuer, or a third party designated by a plan 5 sponsor, not less than once per plan year. 6 ‘‘(iii) To ensure that an entity providing phar7 macy benefit management services is able to meet 8 the requirements of clause (ii)(I), a rebate 9 aggregator (or other purchasing entity designed to 10 aggregate rebates) and an applicable group pur11 chasing organization shall remit such rebates to the 12 entity providing pharmacy benefit management serv13 ices not later than 45 days after the end of each 14 quarter. 15 ‘‘(iv) A third-party administrator of a group 16 health plan, a health insurance issuer offering group 17 health insurance coverage, or a covered service pro18 vider for pharmacy benefit management services 19 under such health plan or health insurance coverage 20 shall make rebate contracts with rebate aggregators 21 or drug manufacturers available for audit by such 22 plan sponsor or designated third party, subject to 23 reasonable restrictions (as determined by the Sec24 retary) on confidentiality to prevent re-disclosure of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00923 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 924. 924 1 such contracts or use of such information in audits 2 for purposes unrelated to this section. 3 ‘‘(v) Audits carried out under clauses (ii)(III) 4 and (iv) shall be performed by an auditor selected by 5 the responsible plan fiduciary. Payment for such au6 dits shall not be made, whether directly or indirectly, 7 by the entity providing pharmacy benefit manage8 ment services. 9 ‘‘(vi) Nothing in this subparagraph shall be 10 construed to— 11 ‘‘(I) prohibit reasonable payments to enti12 ties offering pharmacy benefit management 13 services for bona fide services using a fee struc14 ture not described in this subparagraph, pro15 vided that such fees are transparent and quan16 tifiable to group health plans and health insur17 ance issuers; 18 ‘‘(II) require a third-party administrator of 19 a group health plan or covered service provider 20 for pharmacy benefit management services 21 under such health plan or health insurance cov22 erage to remit bona fide service fees to the 23 group health plan; 24 ‘‘(III) limit the ability of a group health 25 plan or health insurance issuer to pass through VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00924 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 925. 925 1 rebates, fees, alternative discounts, and other 2 remuneration to the participant or beneficiary; 3 or 4 ‘‘(IV) modify the requirements for the cre5 ation, receipt, maintenance, or transmission of 6 protected health information under the privacy 7 regulations promulgated under the Health In8 surance Portability and Accountability Act of 9 1996 in part 160 and subparts A and E of part 10 164 of title 45, Code of Federal Regulations (or 11 successor regulations). 12 ‘‘(vii) For purposes of this subparagraph— 13 ‘‘(I) the terms ‘applicable entity’ and ‘ap14 plicable group purchasing organization’ have 15 the meanings given such terms in section 16 726(e); 17 ‘‘(II) the terms ‘covered plan’, ‘covered 18 service provider’, and ‘responsible plan fidu19 ciary’ have the meanings given such terms in 20 subparagraph (B); and 21 ‘‘(III) the terms ‘group health insurance 22 coverage’, ‘health insurance coverage’, and 23 ‘health insurance issuer’ have the meanings 24 given such terms in section 733.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00925 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 926. 926 1 (b) RULE OF CONSTRUCTION.—Subclause (II)(aa) of 2 section 408(b)(2)(B)(viii) of the Employee Retirement In3 come Security Act of 1974 (29 U.S.C. 4 1108(b)(2)(B)(viii)), as amended by subsection (a), shall 5 not be construed to relieve or limit a responsible plan fidu6 ciary from the duty to monitor the practices of any covered 7 service provider that contracts with the applicable covered 8 plan, including for the purposes of ensuring the reason9 ableness of compensation. For purposes of this subsection, 10 the terms ‘‘covered plan’’, ‘‘covered service provider’’, and 11 ‘‘responsible plan fiduciary’’ have the meanings given such 12 terms in section 408(b)(2)(B)(ii) of the Employee Retire13 ment Income Security Act of 1974 (29 U.S.C. 14 1108(b)(2)(B)(ii)). 15 (c) CLARIFICATION OF COVERED SERVICE PRO16 VIDER.— 17 (1) SERVICES.— 18 (A) IN GENERAL.—Section 19 408(b)(2)(B)(ii)(I)(bb) of the Employee Retire20 ment Income Security Act of 1974 (29 U.S.C. 21 1108(b)(2)(B)(ii)(I)(bb)) is amended— 22 (i) in subitem (AA) by striking ‘‘Bro23 kerage services,’’ and inserting ‘‘Services 24 (including brokerage services),’’; and 25 (ii) in subitem (BB)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00926 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 927. 927 1 (I) by striking ‘‘Consulting,’’ and 2 inserting ‘‘Other services,’’; and 3 (II) by striking ‘‘related to the 4 development or implementation of 5 plan design’’ and all that follows 6 through the period at the end and in7 serting ‘‘including any of the fol8 lowing: plan design, insurance or in9 surance product selection (including 10 vision and dental), recordkeeping, 11 medical management, benefits admin12 istration selection (including vision 13 and dental), stop-loss insurance, phar14 macy benefit management services, 15 wellness design and management serv16 ices, transparency tools, group pur17 chasing organization agreements and 18 services, participation in and services 19 from preferred vendor panels, disease 20 management, compliance services, em21 ployee assistance programs, or third 22 party administration services, or con23 sulting services related to any such 24 services.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00927 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 928. 928 1 (B) SENSE OF CONGRESS.—It is the sense 2 of Congress that the amendment made by sub3 paragraph (A) clarifies the existing requirement 4 of covered service providers with respect to 5 services described in section 6 408(b)(2)(B)(ii)(I)(bb)(BB) of the Employee 7 Retirement Income Security Act of 1974 (29 8 U.S.C. 1108(b)(2)(B)(ii)(I)(bb)(BB)) that were 9 in effect since the application date described in 10 section 202(e) of the No Surprises Act (Public 11 Law 116–260; 29 U.S.C. 1108 note), and does 12 not impose any additional requirement under 13 section 408(b)(2)(B) of such Act. 14 (2) CERTAIN ARRANGEMENTS FOR PHARMACY 15 BENEFIT MANAGEMENT SERVICES CONSIDERED AS 16 INDIRECT.— 17 (A) IN GENERAL.—Section 408(b)(2)(B)(i) 18 of the Employee Retirement Income Security 19 Act of 1974 (29 U.S.C. 1108(b)(2)(B)(i)) is 20 amended— 21 (i) by striking ‘‘requirements of this 22 clause’’ and inserting ‘‘requirements of this 23 subparagraph’’; and 24 (ii) by adding at the end the fol25 lowing: ‘‘For purposes of applying section VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00928 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 929. 929 1 406(a)(1)(C) with respect to a transaction 2 described under this subparagraph or sub3 paragraph (C), a contract or arrangement 4 for services between a covered plan and an 5 entity providing services to the plan, in6 cluding a health insurance issuer providing 7 health insurance coverage in connection 8 with the covered plan, in which such entity 9 contracts, in connection with such plan, 10 with a service provider for pharmacy ben11 efit management services, shall be consid12 ered an indirect furnishing of goods, serv13 ices, or facilities between the covered plan 14 and the service provider for pharmacy ben15 efit management services acting as the 16 party in interest.’’. 17 (B) HEALTH INSURANCE ISSUER AND 18 HEALTH INSURANCE COVERAGE DEFINED.— 19 Section 408(b)(2)(B)(ii)(I)(aa) of such Act (29 20 U.S.C. 1108(b)(2)(B)(ii)(I)(aa)) is amended by 21 inserting before the period at the end ‘‘and the 22 terms ‘health insurance coverage’ and ‘health 23 insurance issuer’ have the meanings given such 24 terms in section 733(b)’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00929 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 930. 930 1 (C) TECHNICAL AMENDMENT.—Section 2 408(b)(2)(B)(ii)(I)(aa) of the Employee Retire3 ment Income Security Act of 1974 (29 U.S.C. 4 1108(b)(2)(B)(ii)(I)(aa)) is amended by insert5 ing ‘‘in’’ after ‘‘defined’’. 6 SEC. 903. INCREASING TRANSPARENCY IN GENERIC DRUG 7 APPLICATIONS. 8 (a) IN GENERAL.—Section 505(j)(3) of the Federal 9 Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(3)) is 10 amended by adding at the end the following: 11 ‘‘(H)(i) Upon request (in controlled correspondence 12 or an analogous process) by a person that has submitted 13 or intends to submit an abbreviated application under this 14 subsection for a drug that is required by regulation to con15 tain one or more of the same inactive ingredients in the 16 same concentrations as the listed drug referred to, or for 17 which the Secretary determines there is a scientific jus18 tification for an approach that is in vitro, in whole or in 19 part, to be used to demonstrate bioequivalence for a drug 20 if such a drug contains one or more of the same inactive 21 ingredients in the same concentrations as the listed drug 22 referred to, the Secretary shall inform the person whether 23 such drug is qualitatively and quantitatively the same as 24 the listed drug. The Secretary may also provide such infor25 mation to such a person on the Secretary’s own initiative VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00930 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 931. 931 1 during the review of an abbreviated application under this 2 subsection for such drug. 3 ‘‘(ii) Notwithstanding section 301(j), if the Secretary 4 determines that such drug is not qualitatively or quan5 titatively the same as the listed drug, the Secretary shall 6 identify and disclose to the person— 7 ‘‘(I) the ingredient or ingredients that cause 8 such drug not to be qualitatively or quantitatively 9 the same as the listed drug; and 10 ‘‘(II) for any ingredient for which there is an 11 identified quantitative deviation, the amount of such 12 deviation. 13 ‘‘(iii) If the Secretary determines that such drug is 14 qualitatively and quantitatively the same as the listed 15 drug, the Secretary shall not change or rescind such deter16 mination after the submission of an abbreviated applica17 tion for such drug under this subsection unless— 18 ‘‘(I) the formulation of the listed drug has been 19 changed and the Secretary has determined that the 20 prior listed drug formulation was withdrawn for rea21 sons of safety or effectiveness; or 22 ‘‘(II) the Secretary makes a written determina23 tion that the prior determination must be changed 24 because an error has been identified. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00931 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 932. 932 1 ‘‘(iv) If the Secretary makes a written determination 2 described in clause (iii)(II), the Secretary shall provide no3 tice and a copy of the written determination to the person 4 making the request under clause (i). 5 ‘‘(v) The disclosures authorized under clauses (i) and 6 (ii) are disclosures authorized by law, including for pur7 poses of section 1905 of title 18, United States Code. This 8 subparagraph shall not otherwise be construed to author9 ize the disclosure of nonpublic qualitative or quantitative 10 information about the ingredients in a listed drug, or to 11 affect the status, if any, of such information as trade se12 cret or confidential commercial information for purposes 13 of section 301(j) of this Act, section 552 of title 5, United 14 States Code, or section 1905 of title 18, United States 15 Code.’’. 16 (b) GUIDANCE.— 17 (1) IN GENERAL.—Not later than one year 18 after the date of enactment of this Act, the Sec19 retary of Health and Human Services shall issue 20 draft guidance, or update guidance, describing how 21 the Secretary will determine whether a drug is quali22 tatively and quantitatively the same as the listed 23 drug (as such terms are used in section 24 505(j)(3)(H) of the Federal Food, Drug, and CosVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00932 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 933. 933 1 metic Act, as added by subsection (a)), including 2 with respect to assessing pH adjusters. 3 (2) PROCESS.—In issuing guidance under this 4 subsection, the Secretary of Health and Human 5 Services shall— 6 (A) publish draft guidance; 7 (B) provide a period of at least 60 days for 8 comment on the draft guidance; and 9 (C) after considering any comments re10 ceived and not later than one year after the 11 close of the comment period on the draft guid12 ance, publish final guidance. 13 (c) APPLICABILITY.—Section 505(j)(3)(H) of the 14 Federal Food, Drug, and Cosmetic Act, as added by sub15 section (a), applies beginning on the date of enactment 16 of this Act, irrespective of the date on which the guidance 17 required by subsection (b) is finalized. 18 SEC. 904. TITLE 35 AMENDMENTS. 19 (a) IN GENERAL.—Section 271(e) of title 35, United 20 States Code, is amended— 21 (1) in paragraph (2)(C), in the flush text fol22 lowing clause (ii), by adding at the end the fol23 lowing: ‘‘With respect to a submission described in 24 clause (ii), the act of infringement shall extend to 25 any patent that claims the biological product, a VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00933 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 934. 934 1 method of using the biological product, or a method 2 or product used to manufacture the biological prod3 uct.’’; and 4 (2) by adding at the end the following: 5 ‘‘(7)(A) Subject to subparagraphs (C), (D), and (E), 6 if the sponsor of an approved application for a reference 7 product, as defined in section 351(i) of the Public Health 8 Service Act (42 U.S.C. 262(i)) (referred to in this para9 graph as the ‘reference product sponsor’), brings an action 10 for infringement under this section against an applicant 11 for approval of a biological product under section 351(k) 12 of such Act that references that reference product (re13 ferred to in this paragraph as the ‘subsection (k) appli14 cant’), the reference product sponsor may assert in the 15 action a total of not more than 20 patents of the type 16 described in subparagraph (B), not more than 10 of which 17 shall have issued after the date specified in section 18 351(l)(7)(A) of such Act. 19 ‘‘(B) The patents described in this subparagraph are 20 patents that satisfy each of the following requirements: 21 ‘‘(i) Patents that claim the biological product 22 that is the subject of an application under section 23 351(k) of the Public Health Service Act (42 U.S.C. 24 262(k)) (or a use of that product) or a method or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00934 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 935. 935 1 product used in the manufacture of such biological 2 product. 3 ‘‘(ii) Patents that are included on the list of 4 patents described in paragraph (3)(A) of section 5 351(l) of the Public Health Service Act (42 U.S.C. 6 262(l)), including as provided under paragraph (7) 7 of such section 351(l). 8 ‘‘(iii) Patents that— 9 ‘‘(I) have an actual filing date of more 10 than 4 years after the date on which the ref11 erence product is approved; or 12 ‘‘(II) include a claim to a method in a 13 manufacturing process that is not used by the 14 reference product sponsor. 15 ‘‘(C) The court in which an action described in sub16 paragraph (A) is brought may increase the number of pat17 ents limited under that subparagraph— 18 ‘‘(i) if the request to increase that number is 19 made without undue delay; and 20 ‘‘(ii)(I) if the interest of justice so requires; or 21 ‘‘(II) for good cause shown, which— 22 ‘‘(aa) shall be established if the subsection 23 (k) applicant fails to provide information re24 quired section 351(k)(2)(A) of the Public 25 Health Service Act (42 U.S.C. 262(k)(2)(A)) VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00935 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 936. 936 1 that would enable the reference product sponsor 2 to form a reasonable belief with respect to 3 whether a claim of infringement under this sec4 tion could reasonably be asserted; and 5 ‘‘(bb) may be established— 6 ‘‘(AA) if there is a material change to 7 the biological product (or process with re8 spect to the biological product) of the sub9 section (k) applicant that is the subject of 10 the application; 11 ‘‘(BB) if, with respect to a patent on 12 the supplemental list described in section 13 351(l)(7)(A) of Public Health Service Act 14 (42 U.S.C. 262(l)(7)(A)), the patent would 15 have issued before the date specified in 16 such section 351(l)(7)(A) but for the fail17 ure of the Office to issue the patent or a 18 delay in the issuance of the patent, as de19 scribed in paragraph (1) of section 154(b) 20 and subject to the limitations under para21 graph (2) of such section 154(b); or 22 ‘‘(CC) for another reason that shows 23 good cause, as determined appropriate by 24 the court. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00936 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 937. 937 1 ‘‘(D) In determining whether good cause has been 2 shown for the purposes of subparagraph (C)(ii)(II), a 3 court may consider whether the reference product sponsor 4 has provided a reasonable description of the identity and 5 relevance of any information beyond the subsection (k) ap6 plication that the court believes is necessary to enable the 7 court to form a belief with respect to whether a claim of 8 infringement under this section could reasonably be as9 serted. 10 ‘‘(E) The limitation imposed under subparagraph 11 (A)— 12 ‘‘(i) shall apply only if the subsection (k) appli13 cant completes all actions required under paragraphs 14 (2)(A), (3)(B)(ii), (5), (6)(C)(i), (7), and (8)(A) of 15 section 351(l) of the Public Health Service Act (42 16 U.S.C. 262(l)); and 17 ‘‘(ii) shall not apply with respect to any patent 18 that claims, with respect to a biological product, a 19 method for using that product in therapy, diagnosis, 20 or prophylaxis, such as an indication or method of 21 treatment or other condition of use.’’. 22 (b) APPLICABILITY.—The amendments made by sub23 section (a) shall apply with respect to an application sub24 mitted under section 351(k) of the Public Health Service VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00937 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 938. 938 1 Act (42 U.S.C. 262(k)) on or after the date of enactment 2 of this Act. 3 TITLE X—MISCELLANEOUS 4 SEC. 1001. TWO-YEAR EXTENSION OF SAFE HARBOR FOR 5 ABSENCE OF DEDUCTIBLE FOR TELEHEALTH. 6 (a) IN GENERAL.—Section 223(c)(2)(E)(ii) of the In7 ternal Revenue Code of 1986 is amended by striking ‘‘Jan8 uary 1, 2025’’ and inserting ‘‘January 1, 2027’’. 9 (b) EFFECTIVE DATE.—The amendments made by 10 this section shall apply to plan years beginning after De11 cember 31, 2024. 12 SEC. 1002. ELIGIBILITY FOR FEHBP ENROLLMENT FOR 13 MEMBERS OF CONGRESS. 14 (a) PPACA.—Subparagraph (D) of section 15 1312(d)(3) of the Patient Protection and Affordable Care 16 Act (Public Law 111–148) is amended— 17 (1) in the subparagraph heading, by striking 18 ‘‘MEMBERS OF CONGRESS’’ and inserting ‘‘CON19 GRESSIONAL STAFF’’; and 20 (2) in clause (i)— 21 (A) by striking ‘‘Members of Congress 22 and’’; and 23 (B) by striking ‘‘a Member of Congress 24 or’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00938 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 939. 939 1 (b) FEHBP.—Section 8906 of title 5, United States 2 Code, is amended by adding at the end the following: 3 ‘‘(h)(1) Any Member of Congress may elect to enroll 4 in a health benefits plan offered through the D.C. Small 5 Business Health Options Program created under the Pa6 tient Protection and Affordable Care Act (Public Law 7 111–148) (or an amendment made by such Act) and, if 8 so enrolled, shall receive Government contributions under 9 this section. 10 ‘‘(2) Contributions under this section— 11 ‘‘(A) except as provided in paragraph (1), may 12 not be provided with respect to any health benefits 13 plan— 14 ‘‘(i) created under such Act or an amend15 ment made by such Act; or 16 ‘‘(ii) offered through an exchange estab17 lished under such Act or an amendment made 18 by such Act; and 19 ‘‘(B) may be provided with respect to either en20 rollment in such a health plan described under para21 graph (1) or to enrollment in a health benefits plan 22 offered under this chapter, but not both.’’. 23 (c) EFFECTIVE DATE.—This section and the amend24 ments made by this section— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00939 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 940. 940 1 (1) shall apply with respect to plan years begin2 ning on or after January 1, 2026; or 3 (2) in the case that the Office of Personnel 4 Management establishes an open enrollment period 5 during plan year 2025 for individuals to enroll in a 6 plan approved or contracted for under chapter 89 of 7 title 5, United States Code, for coverage that begins 8 during such plan year, shall apply beginning on the 9 first day that such coverage is effective. 10 DIVISION F—A STRONGER 11 WORKFORCE FOR AMERICA ACT 12 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 13 (a) SHORT TITLE.—This division may be cited as the 14 ‘‘A Stronger Workforce for America Act’’. 15 (b) TABLE OF CONTENTS.—The table of contents for 16 this division is as follows: Sec. 1. Short title; table of contents. TITLE I—WORKFORCE DEVELOPMENT ACTIVITIES Subtitle A—General Provisions Sec. 101. Purposes. Sec. 102. Definitions. Sec. 103. Table of contents amendments. Subtitle B—System Alignment CHAPTER 1—STATE PROVISIONS Sec. 111. State workforce development board. Sec. 112. Unified State plan. CHAPTER 2—LOCAL PROVISIONS Sec. 115. Workforce development areas. Sec. 116. Local workforce development boards. Sec. 117. Local plan. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00940 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 941. 941 CHAPTER 3—PERFORMANCE ACCOUNTABILITY Sec. 119. Performance accountability system. Subtitle C—Workforce Investment Activities and Providers CHAPTER 1—WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS Sec. 121. Establishment of one-stop delivery systems. Sec. 122. Identification of eligible providers of training services. Sec. 123. Eligible providers of youth workforce investment activities. CHAPTER 2—YOUTH WORKFORCE INVESTMENT ACTIVITIES Sec. 131. Reservations; Reallocation. Sec. 132. Use of funds for youth workforce investment activities. CHAPTER 3—ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES Sec. 141. State allotments. Sec. 142. Reservations for State activities; within State allocations; Reallocation. Sec. 143. Use of funds for employment and training activities. CHAPTER 4—GENERAL WORKFORCE INVESTMENT PROVISIONS Sec. 145. Authorization of appropriations. Subtitle D—Job Corps Sec. 151. Purposes. Sec. 152. Definitions. Sec. 153. Individuals eligible for the Job Corps. Sec. 154. Recruitment, screening, selection, and assignment of enrollees. Sec. 155. Job Corps Campuses. Sec. 156. Program activities. Sec. 157. Counseling and job placement. Sec. 158. Support. Sec. 159. Operations. Sec. 160. Standards of conduct. Sec. 161. Community participation. Sec. 162. Workforce councils. Sec. 163. Advisory committees. Sec. 164. Experimental projects and technical assistance. Sec. 165. Special provisions. Sec. 166. Management information. Sec. 167. Job Corps oversight and reporting. Sec. 168. Authorization of appropriations. Sec. 169. Conforming amendments. Subtitle E—National Programs Sec. 171. Native American programs. Sec. 172. Migrant and seasonal farmworker programs. Sec. 173. Technical assistance. Sec. 174. Evaluations and research. Sec. 175. National dislocated worker grants. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00941 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 942. 942 Sec. 176. YouthBuild Program. Sec. 177. Reentry employment opportunities. Sec. 178. Youth apprenticeship readiness grant program. Sec. 179. Strengthening community colleges grant program. Sec. 180. Authorization of appropriations. Subtitle F—Administration Sec. 191. Requirements and restrictions. Sec. 192. Monitoring. Sec. 193. Fiscal controls; sanctions. Sec. 194. Administrative adjudication. Sec. 195. Judicial review. Sec. 196. General waivers of statutory or regulatory requirements. Sec. 197. State flexibility pilot authority. Sec. 198. General program requirements. TITLE II—ADULT EDUCATION AND LITERACY Sec. 201. Purpose. Sec. 202. Definitions. Sec. 203. Authorization of appropriations. Sec. 204. Special rule. Sec. 205. Performance accountability system. Sec. 206. Matching requirement. Sec. 207. State leadership activities. Sec. 208. Programs for corrections education and other institutionalized individuals. Sec. 209. Grants and contracts for eligible providers. Sec. 210. Local application. Sec. 211. Local administrative cost limits. Sec. 212. National leadership activities. Sec. 213. Integrated English literacy and civics education. TITLE III—AMENDMENTS TO OTHER LAWS Sec. 301. Amendments to the Wagner-Peyser Act. Sec. 302. Job training grants. Sec. 303. Access to National Directory of New Hires. Sec. 304. References to other laws. TITLE IV—DEPARTMENT OF LABOR TECHNICAL ASSISTANCE Sec. 401. Technical assistance for transforming to competitive integrated employment. TITLE V—GENERAL PROVISIONS Sec. 501. Report on data capability and interoperability of Federal and State databases and data exchange agreements. Sec. 502. Effective dates; transition authority. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00942 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 943. 943 1 TITLE I—WORKFORCE 2 DEVELOPMENT ACTIVITIES 3 Subtitle A—General Provisions 4 SEC. 101. PURPOSES. 5 Section 2 of the Workforce Innovation and Oppor6 tunity Act (29 U.S.C. 3101) is amended— 7 (1) in paragraph (1), by striking ‘‘support serv8 ices’’ and inserting ‘‘supportive services’’; 9 (2) in paragraph (2), by inserting ‘‘, for youth 10 and adults,’’ after ‘‘economic development systems’’; 11 (3) in paragraph (6), by striking ‘‘of the work12 force, reduce welfare dependency,’’ and inserting ‘‘of 13 the workforce, provide economic mobility, reduce de14 pendency on public assistance programs,’’; and 15 (4) by adding at the end the following: 16 ‘‘(7) To prepare a globally competitive work17 force by developing robust education and skills devel18 opment programs for youth to access career path19 ways that will lead such youth into in-demand indus20 try sectors and occupations.’’. 21 SEC. 102. DEFINITIONS. 22 (a) FOUNDATIONAL SKILL NEEDS.—Section 3(5) of 23 the Workforce Innovation and Opportunity Act (29 U.S.C. 24 3102(5)) is amended to read as follows: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00943 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 944. 944 1 ‘‘(5) FOUNDATIONAL SKILL NEEDS.—The term 2 ‘foundational skill needs’ means, with respect to an 3 individual who is a youth or adult, that the indi4 vidual— 5 ‘‘(A) has English reading, writing, or com6 puting skills at or below the 8th grade level on 7 a generally accepted standardized test; or 8 ‘‘(B) is unable to compute or solve prob9 lems, is unable to read, write, or speak English, 10 or does not possess digital literacy skills, at a 11 level necessary to function in the individual’s 12 education or occupation, in the individual’s 13 family, or in society.’’. 14 (b) CAREER PATHWAY.—Section 3(7)(F) of the 15 Workforce Innovation and Opportunity Act (29 U.S.C. 16 3102(7)(F)) is amended by striking ‘‘secondary school di17 ploma’’ and inserting ‘‘regular high school diploma’’. 18 (c) EMPLOYER-DIRECTED SKILLS DEVELOPMENT.— 19 Section 3(14) of the Workforce Innovation and Oppor20 tunity Act (29 U.S.C. 3102(14)) is amended to read as 21 follows: 22 ‘‘(14) EMPLOYER-DIRECTED SKILLS DEVELOP23 MENT.—The term ‘employer-directed skills develop24 ment’ means skills development provided through a 25 program— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00944 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 945. 945 1 ‘‘(A) that is selected or designed to meet 2 the specific skill demands of an employer (in3 cluding a group of employers); 4 ‘‘(B) that is conducted pursuant to the 5 terms and conditions established under an em6 ployer-directed skills agreement described in 7 section 134(c)(3)(I), including a commitment 8 by the employer to employ an individual upon 9 successful completion of the program; and 10 ‘‘(C) for which the employer pays a portion 11 of the cost of the program, as determined by 12 the local board involved, which shall not be less 13 than— 14 ‘‘(i) 10 percent of the cost, in the case 15 of an employer with 50 or fewer employees; 16 ‘‘(ii) 25 percent of the cost, in the 17 case of an employer with more than 50 but 18 not more than 100 employees; and 19 ‘‘(iii) 50 percent of the cost, in the 20 case of an employer with more than 100 21 employees.’’. 22 (d) DISLOCATED WORKER.—Section 3(15)(B) of the 23 Workforce Innovation and Opportunity Act (29 U.S.C. 24 3102(15)(B)) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00945 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 946. 946 1 (1) in clause (i), by inserting ‘‘, including such 2 a closure or layoff due to advances in automation 3 technology’’ before the semicolon; and 4 (2) in clause (iii), by striking ‘‘section 5 134(c)(2)(A)(xii)’’ and inserting ‘‘section 6 134(c)(2)(B)(vii)’’. 7 (e) DISPLACED HOMEMAKER.—Section 3(16) of the 8 Workforce Innovation and Opportunity Act (29 U.S.C. 9 3102(16)) is amended, in the matter preceding subpara10 graph (A), by striking ‘‘family members’’ and inserting ‘‘a 11 family member’’. 12 (f) ELIGIBLE YOUTH.—Section 3(18) of the Work13 force Innovation and Opportunity Act (29 U.S.C. 14 3102(18)) is amended by striking ‘‘out-of-school’’ and in15 serting ‘‘opportunity’’. 16 (g) ENGLISH LEARNER.—Section 3 of the Workforce 17 Innovation and Opportunity Act (29 U.S.C. 3102) is fur18 ther amended— 19 (1) in paragraph (21)— 20 (A) in the heading, by striking ‘‘LAN21 GUAGE’’; and 22 (B) by striking ‘‘language’’; and 23 (2) in paragraph (24)(I), by striking ‘‘lan24 guage’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00946 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 947. 947 1 (h) INDIVIDUAL WITH A BARRIER TO EMPLOY2 MENT.—Section 3(24) of the Workforce Innovation and 3 Opportunity Act (29 U.S.C. 3102(24)) is amended— 4 (1) by amending subparagraph (F) to read as 5 follows: 6 ‘‘(F) Justice-involved individuals.’’; 7 (2) in subparagraph (G)— 8 (A) by striking ‘‘Homeless individuals (as’’ 9 and inserting ‘‘Individuals experiencing home10 lessness (meaning homeless individuals’’; 11 (B) by striking ‘‘(42 U.S.C. 14043e12 2(6)))’’ and inserting ‘‘(34 U.S.C. 12473(6)))’’; 13 and 14 (C) by striking ‘‘homeless children’’ and all 15 that follows through ‘‘defined’’ and inserting 16 ‘‘youth experiencing homelessness (meaning 17 homeless children or youths, as defined’’; 18 (3) by redesignating subparagraphs (I) through 19 (N) as subparagraphs (J) through (O), respectively; 20 (4) by inserting after subparagraph (H) the fol21 lowing: 22 ‘‘(I) Opportunity youth.’’; and 23 (5) in subparagraph (K), as so redesignated, by 24 striking ‘‘section 167(i)’’ and inserting ‘‘167(j)’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00947 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 948. 948 1 (i) INDUSTRY OR SECTOR PARTNERSHIP.—Section 2 3(26) of the Workforce Innovation and Opportunity Act 3 (29 U.S.C. 3102(26)) is amended— 4 (1) in subparagraph (A)(ii), by striking ‘‘or an5 other labor representative, as appropriate;’’ and in6 serting ‘‘and, to the extent practicable, another labor 7 representative;’’; and 8 (2) in subparagraph (B)— 9 (A) by redesignating clauses (vi) through 10 (xi) as clauses (viii) through (xiii), respectively; 11 and 12 (B) by striking clause (v) and inserting the 13 following: 14 ‘‘(v) State educational agencies or 15 local educational agencies; 16 ‘‘(vi) State higher education agencies, 17 as defined in section 103 of the Higher 18 Education Act of 1965 (20 U.S.C. 1003), 19 or State systems of higher education; 20 ‘‘(vii) other State or local agencies;’’. 21 (j) LOCAL AREA.—Section 3(32) of the Workforce 22 Innovation and Opportunity Act (29 U.S.C. 3102(32)) is 23 amended by striking ‘‘sections 106(c)(3)(A)’’ and insert24 ing ‘‘sections 106(c)(4)(A)’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00948 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 949. 949 1 (k) EDUCATIONAL AGENCIES.—Section 3(34) of the 2 Workforce Innovation and Opportunity Act (29 U.S.C. 3 3102(34)) is amended to read as follows: 4 ‘‘(1) LOCAL EDUCATIONAL AGENCY; STATE 5 EDUCATIONAL AGENCY.—The terms ‘local edu6 cational agency’ and ‘State educational agency’ have 7 the meanings given the terms in section 8101 of the 8 Elementary and Secondary Education Act of 1965.’’. 9 (l) LOCAL PLAN.—Section 3(35) of the Workforce 10 Innovation and Opportunity Act (29 U.S.C. 3102(32)) is 11 amended by striking ‘‘section 106(c)(3)(B)’’ and inserting 12 ‘‘section 106(c)(4)(B)’’. 13 (m) LOW-INCOME INDIVIDUAL.—Section 14 3(36)(A)(iii) of the Workforce Innovation and Oppor15 tunity Act (29 U.S.C. 3102(36)(A)(iii)) is amended— 16 (1) by striking ‘‘is a homeless individual (as’’ 17 and inserting ‘‘is an individual experiencing home18 lessness (meaning a homeless individual as’’; 19 (2) by striking ‘‘(42 U.S.C. 14043e-2(6)))’’ and 20 inserting ‘‘(34 U.S.C. 12473(6)))’’; and 21 (3) by striking ‘‘homeless child’’ and all that 22 follows through ‘‘defined’’ and inserting ‘‘youth ex23 periencing homelessness (meaning a homeless child 24 or youth, as defined’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00949 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 950. 950 1 (n) JUSTICE-INVOLVED INDIVIDUAL.—Section 3(38) 2 of the Workforce Innovation and Opportunity Act (29 3 U.S.C. 3102(38)) is amended— 4 (1) in the heading, by striking ‘‘OFFENDER’’ 5 and inserting ‘‘JUSTICE-INVOLVED INDIVIDUAL’’; 6 and 7 (2) in the matter preceding subparagraph (A), 8 by striking ‘‘offender’’ and inserting ‘‘justice-in9 volved individual’’. 10 (o) OPPORTUNITY YOUTH.—Section 3(46) of the 11 Workforce Innovation and Opportunity Act (29 U.S.C. 12 3102(46)) is amended— 13 (1) in the heading, by striking ‘‘OUT-OF14 SCHOOL’’ and inserting ‘‘OPPORTUNITY’’; and 15 (2) by striking ‘‘out-of-school’’ and inserting 16 ‘‘opportunity’’. 17 (p) PAY-FOR-PERFORMANCE CONTRACT STRAT18 EGY.—Section 3(47) of the Workforce Innovation and Op19 portunity Act (29 U.S.C. 3102(47)) is amended to read 20 as follows: 21 ‘‘(47) PAY-FOR-PERFORMANCE CONTRACT 22 STRATEGY.—The term ‘pay-for-performance contract 23 strategy’ means a performance-based contract strat24 egy that uses pay-for-performance contracts in the 25 provision of services described in paragraph (2) or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00950 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 951. 951 1 (3) of section 134(c) or activities described in sec2 tion 129(c)(2), and includes— 3 ‘‘(A) contracts, each of which— 4 ‘‘(i) shall specify a fixed amount that 5 will be paid to an eligible service provider 6 (which may include a local or national 7 community-based organization or inter8 mediary, community college, or other pro9 vider) based on the achievement of speci10 fied levels of performance on the primary 11 indicators of performance described in sec12 tion 116(b)(2)(A) for target populations as 13 identified by the local board and which 14 shall identify a specific target for the num15 ber or percentage of individuals to be 16 served that will be individuals with barriers 17 to employment, within a defined timetable; 18 and 19 ‘‘(ii) may provide for bonus payments 20 to such service provider to expand capacity 21 to provide effective training and other serv22 ices, including bonus payments for exceed23 ing the identified target for serving individ24 uals with barriers to employment; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00951 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 952. 952 1 ‘‘(B) a strategy for validating the achieve2 ment of the performance described in subpara3 graph (A); and 4 ‘‘(C) a description of how the State or 5 local area will reallocate funds not paid to a 6 provider because the achievement of the per7 formance described in subparagraph (A) did not 8 occur, for further activities related to such a 9 contract strategy, subject to section 10 189(g)(2)(D).’’. 11 (q) RAPID RESPONSE ACTIVITY.—Section 3(51) of 12 the Workforce Innovation and Opportunity Act (29 U.S.C. 13 3102(51)) is amended— 14 (1) in the matter preceding subparagraph (A), 15 by inserting ‘‘, through a rapid response unit’’ after 16 ‘‘designated by a State’’; 17 (2) in subparagraph (B), by inserting before 18 the semicolon at the end the following: ‘‘, including 19 access through individual training accounts for eligi20 ble dislocated workers under section 414(c) of the 21 American Competitiveness and Workforce Improve22 ment Act of 1998 (29 U.S.C. 3224a)’’; 23 (3) in subparagraph (D), by striking ‘‘and’’ at 24 the end; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00952 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 953. 953 1 (4) by redesignating subparagraph (E) as sub2 paragraph (F); 3 (5) by inserting after subparagraph (D) the fol4 lowing new subparagraph: 5 ‘‘(E) assistance in identifying workers eli6 gible for assistance, including workers who work 7 a majority of their time offsite or remotely;’’; 8 (6) in subparagraph (F), as so redesignated, by 9 striking the period at the end and inserting ‘‘; and’’; 10 and 11 (7) by adding at the end the following: 12 ‘‘(G) the provision of business engagement 13 or layoff aversion strategies and other activities 14 designed to prevent or minimize the duration of 15 unemployment, such as— 16 ‘‘(i) connecting employers to short17 term compensation or other programs de18 signed to prevent layoffs; 19 ‘‘(ii) conducting worker skill assess20 ment, and programs to match workers to 21 different occupations; 22 ‘‘(iii) establishing incumbent worker 23 training or other upskilling approaches, in24 cluding through incumbent worker VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00953 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 954. 954 1 upskilling accounts described in section 2 134(d)(4)(E); 3 ‘‘(iv) facilitating business support ac4 tivities, such as connecting employers to 5 programs that offer access to credit, finan6 cial support, and business consulting; and 7 ‘‘(v) partnering or contracting with 8 business-focused organizations to assess 9 risks to companies, and to propose, imple10 ment, and measure the impact of strategies 11 and services to address such risks.’’. 12 (r) SCHOOL DROPOUT.—Section 3(54) of the Work13 force Innovation and Opportunity Act (29 U.S.C. 14 3102(54)) is amended by striking ‘‘secondary school di15 ploma’’ and inserting ‘‘regular high school diploma’’. 16 (s) SUPPORTIVE SERVICES.—Section 3(59) of the 17 Workforce Innovation and Opportunity Act (29 U.S.C. 18 3102(59)) is amended by striking ‘‘housing,’’ and insert19 ing ‘‘assistive technology, housing, food assistance,’’. 20 (t) NEW DEFINITIONS.—Section 3 of the Workforce 21 Innovation and Opportunity Act (29 U.S.C. 3102) is fur22 ther amended by adding at the end the following: 23 ‘‘(72) CO-ENROLLMENT.—The term ‘co-enroll24 ment’ means simultaneous enrollment in more than VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00954 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 955. 955 1 one of the programs or activities carried out by a 2 one-stop partner specified in section 121(b)(1)(B). 3 ‘‘(73) DIGITAL LITERACY SKILLS.—The term 4 ‘digital literacy skills’ has the meaning given the 5 term in section 203. 6 ‘‘(74) EVIDENCE-BASED.—The term ‘evidence7 based’, when used with respect to an activity, serv8 ice, strategy, or intervention, or content of materials, 9 means an activity, service, strategy, or intervention, 10 or content of materials that— 11 ‘‘(A) demonstrates a statistically signifi12 cant effect on improving participant outcomes 13 or other relevant outcomes based on— 14 ‘‘(i) strong evidence from at least 1 15 well-designed and well-implemented experi16 mental study; 17 ‘‘(ii) moderate evidence from at least 18 1 well-designed and well-implemented 19 quasi-experimental study; or 20 ‘‘(iii) promising evidence from at least 21 1 well-designed and well-implemented cor22 relational study with statistical controls for 23 selection bias; or 24 ‘‘(B)(i) demonstrates a rationale based on 25 high-quality research findings or positive evalVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00955 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 956. 956 1 uation that such activity, service, strategy, or 2 intervention is likely to improve student out3 comes or other relevant outcomes; and 4 ‘‘(ii) includes ongoing efforts to examine the ef5 fects of such activity, service, strategy, or interven6 tion. 7 ‘‘(75) LABOR ORGANIZATION.—The term ‘labor 8 organization’ means a labor organization, as defined 9 in section 2(5) of the National Labor Relations Act 10 (29 U.S.C. 152(5)), and an organization rep11 resenting public sector employees. 12 ‘‘(76) REGULAR HIGH SCHOOL DIPLOMA.—The 13 term ‘regular high school diploma’ has the meaning 14 given the term in section 8101 of the Elementary 15 and Secondary Education Act of 1965 (20 U.S.C. 16 7801). 17 ‘‘(77) UNIVERSAL DESIGN FOR LEARNING.— 18 The term ‘universal design for learning’ has the 19 meaning given the term in section 103 of the Higher 20 Education Act of 1965 (20 U.S.C. 1003). 21 ‘‘(78) WORK-BASED LEARNING.—The term 22 ‘work-based learning’ has the meaning given the 23 term in section 3 of the Carl D. Perkins Career and 24 Technical Education Act of 2006 (20 U.S.C. 25 2302).’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00956 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 957. 957 1 (u) REDESIGNATIONS.—Section 3 of the Workforce 2 Innovation and Opportunity Act (29 U.S.C. 3102) is fur3 ther amended by redesignating paragraphs (5), (6), (7), 4 (8), (9), (14), (19), (20), (21), (22), (23), (24), (25), (26), 5 (27), (28), (29), (30), (31), (32), (33), (34), (35), (36), 6 (37), (38), (39), (40), (41), (42), (43), (44), (45), (46), 7 (47), (48), (49), (50), (51), (52), (53), (54), (55), (56), 8 (57), (58), (59), (60), (61), (62), (63), (64), (65), (66), 9 (67), (68), (69), (70), (71), (72), (73), (74), (75), (76), 10 (77), and (78), as paragraphs (24), (5), (6), (7), (8), (19), 11 (20), (21), (22), (25), (26), (27), (28), (29), (30), (31), 12 (32), (34), (36), (37), (38), (39), (40), (41), (42), (33), 13 (43), (44), (45), (46), (47), (48), (50), (49), (51), (52), 14 (53), (54), (55), (56), (57), (59), (60), (61), (62), (63), 15 (64), (65), (66), (67), (69), (70), (72), (73), (74), (75), 16 (76), (77), (78), (9), (14), (23), (35), (58), (68), and (71), 17 respectively. 18 SEC. 103. TABLE OF CONTENTS AMENDMENTS. 19 The table of contents in section 1(b) of the Workforce 20 Innovation and Opportunity Act is amended— 21 (1) by redesignating the item relating to section 22 172 as section 175; 23 (2) by inserting after the item relating to sec24 tion 171, the following: ‘‘Sec. 172. Reentry employment opportunities. ‘‘Sec. 173. Youth apprenticeship readiness grant program. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00957 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 958. 958 ‘‘Sec. 174. Strengthening community colleges workforce development grants program.’’; and 1 (3) by striking the item relating to section 190 2 and inserting the following: ‘‘Sec. 190. State flexibility pilot authority.’’. 3 Subtitle B—System Alignment 4 CHAPTER 1—STATE PROVISIONS 5 SEC. 111. STATE WORKFORCE DEVELOPMENT BOARD. 6 Section 101 of the Workforce Innovation and Oppor7 tunity Act (29 U.S.C. 3112) is amended— 8 (1) in subsection (b)(1)(C)(ii)(IV), by striking 9 ‘‘out-of-school youth’’ and inserting ‘‘opportunity 10 youth’’; and 11 (2) in subsection (d)— 12 (A) in paragraph (3)(B), by striking ‘‘low13 skilled adults’’ and inserting ‘‘adults with 14 foundational skill needs’’; and 15 (B) in paragraph (5)(A), by inserting after 16 ‘‘including strategies’’ the following: ‘‘(such as 17 the principles of universal design for learning)’’. 18 SEC. 112. UNIFIED STATE PLAN. 19 Section 102 of the Workforce Innovation and Oppor20 tunity Act (29 U.S.C. 3112) is amended— 21 (1) in subsection (b)— 22 (A) in paragraph (1)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00958 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 959. 959 1 (i) by redesignating subparagraphs 2 (C) through (E) as subparagraphs (D) 3 through (F), respectively; 4 (ii) by inserting the following after 5 subparagraph (B): 6 ‘‘(C) a description of— 7 ‘‘(i) how the State will use real-time 8 labor market information to continually as9 sess the economic conditions and workforce 10 trends described in subparagraphs (A) and 11 (B); and 12 ‘‘(ii) how the State will communicate 13 changes in such conditions or trends to the 14 workforce system in the State;’’; 15 (iii) in subparagraph (D), as so redes16 ignated, by inserting ‘‘the extent to which 17 such activities are evidence-based,’’ after 18 ‘‘of such activities,’’; 19 (iv) in subparagraph (E), as so redes20 ignated— 21 (I) by striking ‘‘and for meeting 22 the skilled workforce needs of employ23 ers’’ and inserting ‘‘and for preparing 24 workers to meet the skilled workforce 25 needs of employers and to enter and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00959 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 960. 960 1 remain in unsubsidized employment’’; 2 and 3 (II) by striking ‘‘and’’ at the end; 4 (v) in subparagraph (F), as so redes5 ignated, by striking the period at the end 6 and inserting a semicolon; and 7 (vi) by adding at the end the fol8 lowing: 9 ‘‘(G) a description of any activities the 10 State is conducting to expand economic oppor11 tunity for individuals and reduce barriers to 12 labor market entry by— 13 ‘‘(i) developing, in cooperation with 14 employers, education and training pro15 viders, and other stakeholders, statewide 16 skills-based initiatives that promote the use 17 of demonstrated skills and competencies as 18 an alternative to the exclusive use of de19 gree attainment as a requirement for em20 ployment or advancement in a career; and 21 ‘‘(ii) evaluating the existing occupa22 tional licensing policies in the State and 23 identifying potential changes to recommend 24 to the appropriate State entity to— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00960 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 961. 961 1 ‘‘(I) remove or streamline licens2 ing requirements, as appropriate; and 3 ‘‘(II) improve the reciprocity of 4 licensing, including through partici5 pating in interstate licensing com6 pacts; 7 ‘‘(H) an analysis of the opportunity youth 8 population in the State, including the estimated 9 number of opportunity youth and any gaps in 10 services provided to such population by other 11 existing workforce development activities, as 12 identified under subparagraph (D); 13 ‘‘(I) a description of the availability of ap14 prenticeship and pre-apprenticeship programs 15 in the State and the providers of such pro16 grams, including any that serve youth; and 17 ‘‘(J) a description of any strategies the 18 State will use to prioritize the funding of evi19 dence-based programs through the funds avail20 able for statewide workforce development activi21 ties described in section 128(a).’’; and 22 (B) in paragraph (2)— 23 (i) in subparagraph (B), by striking 24 ‘‘including a description’’ and inserting 25 ‘‘which may include a description’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00961 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 962. 962 1 (ii) in subparagraph (C)— 2 (I) in clause (ii)(I), by inserting 3 ‘‘utilizing a continuous quality im4 provement approach,’’ after ‘‘year,’’; 5 and 6 (II) in clause (viii), by striking 7 ‘‘necessary for effective State oper8 ating systems and policies’’ and in9 serting ‘‘useful to States to be in10 cluded in the State plan, on an op11 tional basis’’; 12 (iii) in subparagraph (D)(i)— 13 (I) in subclause (II), by striking 14 ‘‘any’’; and 15 (II) in subclause (IV), by striking 16 ‘‘section 121(h)(2)(E)’’ and inserting 17 ‘‘section 121(h)(1)(E)’’; and 18 (iv) in subparagraph (E)— 19 (I) in clause (iv), by striking 20 ‘‘116(i)’’ and inserting ‘‘116(j)’’; and 21 (II) in clause (x), by striking 22 ‘‘necessary for the administration of 23 the core programs’’ and inserting 24 ‘‘useful to States to be included in the 25 State plan, on an optional basis’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00962 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 963. 963 1 (2) in subsection (c)(3)— 2 (A) in subparagraph (A), by striking 3 ‘‘shall’’ the second place it appears and insert4 ing ‘‘may’’; and 5 (B) in subparagraph (B)— 6 (i) by striking ‘‘required’’; and 7 (ii) by inserting ‘‘, except that com8 municating changes in economic conditions 9 and workforce trends to the workforce sys10 tem in the State as described in subsection 11 (b)(1)(C) shall not be considered modifica12 tions subject to approval under this para13 graph’’ before the period at the end. 14 CHAPTER 2—LOCAL PROVISIONS 15 SEC. 115. WORKFORCE DEVELOPMENT AREAS. 16 (a) REGIONS.—Section 106(a) of the Workforce In17 novation and Opportunity Act (29 U.S.C. 3121(a)) is 18 amended by adding at the end the following: 19 ‘‘(3) REVIEW.—Before the second full program 20 year after the date of enactment of the A Stronger 21 Workforce for America Act, in order for a State to 22 receive an allotment under section 127(b) or 132(b) 23 and as part of the process for developing the State 24 plan, a State shall— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00963 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 964. 964 1 ‘‘(A) review each region in the State iden2 tified under this subsection (as such subsection 3 was in effect on the day before the date of en4 actment of the A Stronger Workforce for Amer5 ica Act); and 6 ‘‘(B) after consultation with the local 7 boards and chief elected officials in the local 8 areas and consistent with the considerations de9 scribed in subsection (b)(1)(B)— 10 ‘‘(i) revise such region and any other 11 region impacted by such revision; or 12 ‘‘(ii) make a determination to main13 tain such region with no revision.’’. 14 (b) LOCAL AREAS.—Section 106(b) of the Workforce 15 Innovation and Opportunity Act (29 U.S.C. 3121(b)) is 16 amended— 17 (1) in paragraph (1)— 18 (A) in subparagraph (A), by striking ‘‘sub19 section (d), and consistent with paragraphs (2) 20 and (3),’’ and inserting ‘‘subsection (d)’’; and 21 (B) in subparagraph (B), by striking ‘‘(ex22 cept for those local areas described in para23 graphs (2) and (3))’’; and 24 (2) by striking paragraphs (2) through (7), and 25 inserting the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00964 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 965. 965 1 ‘‘(2) CONTINUATION PERIOD.—Except as pro2 vided in paragraph (5) of this subsection and sub3 section (d), in order to receive an allotment under 4 section 127(b) or 132(b), the Governor shall main5 tain the designations of local areas in the State 6 under this subsection (as in effect on the day before 7 the date of enactment of the A Stronger Workforce 8 for America Act) until the end of the third full pro9 gram year after the date of enactment of the A 10 Stronger Workforce for America Act. 11 ‘‘(3) INITIAL ALIGNMENT REVIEW.— 12 ‘‘(A) IN GENERAL.—Prior to the third full 13 program year after the date of enactment of the 14 A Stronger Workforce for America Act, the 15 Governor shall— 16 ‘‘(i) review the designations of local 17 areas in the State (as in effect on the day 18 before the date of enactment of the A 19 Stronger Workforce for America Act); and 20 ‘‘(ii)(I) based on the considerations 21 described in paragraph (1)(B), issue pro22 posed redesignations of local areas in the 23 State through the process described in 24 paragraph (1)(A), which shall— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00965 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 966. 966 1 ‘‘(aa) include an explanation 2 of the strategic goals and objec3 tives that the State intends to 4 achieve through such redesigna5 tions; and 6 ‘‘(bb) be subject to the ap7 proval of the chief elected offi8 cials of the local areas in the 9 State in accordance with the 10 process described in subpara11 graph (C); or 12 ‘‘(II) with respect to a State de13 scribed in subsection (d)(2)(B), if the 14 Governor determines that such State 15 should be designated as a single State 16 local area, conduct a process in ac17 cordance with the requirements of 18 subsection (d)(2). 19 ‘‘(B) DESIGNATION OF LOCAL AREAS.—A 20 redesignation of local areas in a State that is 21 approved by a majority of the chief elected offi22 cials of the local areas in the State through the 23 process described in subparagraph (C) shall 24 take effect on the first day of the 4th full proVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00966 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 967. 967 1 gram year after the date of enactment of the A 2 Stronger Workforce for America Act. 3 ‘‘(C) PROCESS TO REACH MAJORITY AP4 PROVAL.—To approve a designation of local 5 areas in the State, the chief elected officials of 6 the local areas in the State shall comply with 7 the following: 8 ‘‘(i) INITIAL VOTE.—Not later than 9 60 days after the Governor issues proposed 10 redesignations under subparagraph (A), 11 the chief elected official of each local area 12 shall review the proposed redesignations 13 and submit a vote to the Governor either 14 approving or rejecting the proposed redes15 ignations. 16 ‘‘(ii) RESULTS OF INITIAL VOTE.—If 17 a majority of the chief elected officials of 18 the local areas in the State vote under 19 clause (i)— 20 ‘‘(I) to approve such proposed re21 designations, such redesignations shall 22 take effect in accordance with sub23 paragraph (B); or 24 ‘‘(II) to disapprove such proposed 25 redesignations, the chief elected offiVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00967 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 968. 968 1 cials of the local areas in the State 2 shall comply with the requirements of 3 clause (iii). 4 ‘‘(iii) ALTERNATE REDESIGNA5 TIONS.—In the case of the disapproval de6 scribed in clause (ii)(II), not later than 7 120 days after the Governor issues pro8 posed redesignations under subparagraph 9 (A), the chief elected officials of the local 10 areas in the State shall— 11 ‘‘(I) select 2 alternate redesigna12 tions of local areas— 13 ‘‘(aa) one of which aligns 14 with the regional economic devel15 opment areas in the State; and 16 ‘‘(bb) one of which aligns 17 with the regions described in sub18 paragraph (A) or (B) of sub19 section (a)(2); and 20 ‘‘(II) conduct a vote to approve, 21 by majority vote, 1 of the 2 alternate 22 redesignations described in subclause 23 (I). 24 ‘‘(iv) EFFECTIVE DATE OF ALTER25 NATE DESIGNATIONS.—The alternate reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00968 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 969. 969 1 designations approved pursuant to clause 2 (iii)(II) shall take effect in accordance with 3 subparagraph (B). 4 ‘‘(4) SUBSEQUENT ALIGNMENT REVIEWS.—On 5 the date that is the first day of the 12th full pro6 gram year after the date of enactment of the A 7 Stronger Workforce for America Act, and every 8 8 years thereafter, the Governor shall— 9 ‘‘(A) review the designation of local areas; 10 and 11 ‘‘(B) carry out the requirements of para12 graph (3)(A)(ii), except that any redesignation 13 of local areas in a State that is approved by a 14 majority of the chief elected officials of the local 15 areas in the State through the process de16 scribed in paragraph (3)(C) shall take effect on 17 the first day of the next full program year after 18 the Governor’s review pursuant to this para19 graph. 20 ‘‘(5) INTERIM REVISIONS.— 21 ‘‘(A) APPROVAL OF CERTAIN REDESIGNA22 TION REQUESTS.— 23 ‘‘(i) IN GENERAL.—At any time, and 24 notwithstanding the requirements of para25 graphs (2), (3), and (4), the Governor, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00969 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 970. 970 1 upon receipt of a request for a redesigna2 tion of a local area described in clause (ii), 3 may approve such request. 4 ‘‘(ii) REQUESTS.—The following re5 quests may be approved pursuant to clause 6 (i) upon request: 7 ‘‘(I) A request from multiple 8 local areas to be redesignated as a 9 single local area. 10 ‘‘(II) A request from multiple 11 local areas for a revision to the des12 ignations of such local areas, which 13 would not impact the designations of 14 local areas that have not made such 15 request. 16 ‘‘(III) A request for designation 17 as a local area from an area described 18 in section 107(c)(1)(C). 19 ‘‘(B) OTHER REDESIGNATIONS.—Other 20 than the redesignations described in subpara21 graph (A), the Governor may only redesignate 22 a local area outside of the process described in 23 paragraphs (3) and (4), if the local area that 24 will be subject to such redesignation has not— 25 ‘‘(i) performed successfully; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00970 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 971. 971 1 ‘‘(ii) sustained fiscal integrity; or 2 ‘‘(iii) in the case of a local area in any 3 planning region described in subparagraph 4 (B) or (C) of subsection (a)(2), met the re5 quirements described in subsection (c)(1). 6 ‘‘(C) EFFECTIVE DATE.—Any redesigna7 tion of a local area approved by the Governor 8 under subparagraph (A) or (B) shall take effect 9 on the first date of the first full program year 10 after such date of approval. 11 ‘‘(6) APPEALS.— 12 ‘‘(A) IN GENERAL.—The local board of a 13 local area that is subject to a redesignation of 14 such local area under paragraph (3), (4), or (5) 15 may submit an appeal to maintain its existing 16 designation to the State board under an appeal 17 process established in the State plan as speci18 fied in section 102(b)(2)(D)(i)(III). 19 ‘‘(B) STATE BOARD REQUIREMENTS.—The 20 State board shall grant an appeal to maintain 21 an existing designation of a local area described 22 in subparagraph (A) only if the local board of 23 the local area can demonstrate that the process 24 for redesignation of such local area under paraVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00971 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 972. 972 1 graph (3), (4), or (5), as applicable, has not 2 been followed. 3 ‘‘(C) SECRETARIAL REQUIREMENTS.—If a 4 request to maintain an existing designation as 5 a local area is not granted as a result of such 6 appeal, the Secretary, after receiving a request 7 for review from the local board of such local 8 area and determining that the local board was 9 not accorded procedural rights under the ap10 peals process referred to in subparagraph (A), 11 shall— 12 ‘‘(i) review the process for the redesig13 nation of the local area under paragraph 14 (3), (4), or (5), as applicable; and 15 ‘‘(ii) upon determining that the appli16 cable process has not been followed, re17 quire that the local area’s existing designa18 tion be maintained. 19 ‘‘(7) REDESIGNATION INCENTIVE.—The State 20 may provide funding from funds made available 21 under sections 128(a)(1) and 133(a)(1) to provide 22 payments to incentivize— 23 ‘‘(A) groups of local areas to request to be 24 redesignated as a single local area under para25 graph (5)(A); VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00972 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 973. 973 1 ‘‘(B) multiple local boards in a planning 2 region to develop an agreement to operate as a 3 regional consortium under subsection (c)(3); or 4 ‘‘(C) effective provision of services to indi5 viduals served by a local area, including individ6 uals with barriers to employment, during the 7 first program year that begins after the redesig8 nation of a local area.’’. 9 (c) REGIONAL COORDINATION.—Section 106(c) of 10 the Workforce Innovation and Opportunity Act (29 U.S.C. 11 3121(c)) is amended— 12 (1) in paragraph (1)— 13 (A) by redesignating subparagraphs (F) 14 through (H) as subparagraphs (G) through (I), 15 respectively; and 16 (B) by inserting the following after sub17 paragraph (E): 18 ‘‘(F) the establishment of cost arrange19 ments for services described in subsections (c) 20 and (d) of section 134, including the pooling of 21 funds for such services, as appropriate, for the 22 region;’’; 23 (2) in paragraph (2), by inserting ‘‘, including 24 to assist with establishing administrative costs ar25 rangements or cost arrangements for services under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00973 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 974. 974 1 subparagraphs (F) and (G) of such paragraph’’ 2 after ‘‘delivery efforts’’; 3 (3) by redesignating paragraph (3) as para4 graph (4); and 5 (4) by inserting after paragraph (2), as so 6 amended, the following: 7 ‘‘(3) REGIONAL CONSORTIUMS.— 8 ‘‘(A) IN GENERAL.—The local boards and 9 chief elected officials of any local area in any 10 planning region described in subparagraph (B) 11 or (C) of subsection (a)(2) may develop an 12 agreement to receive funding under section 13 128(b) and section 133(b) as a single consor14 tium for the planning region. 15 ‘‘(B) FISCAL AGENT.—If the local boards 16 and chief elected officials develop such an 17 agreement— 18 ‘‘(i) one of the chief elected officials in 19 the planning region shall designate the fis20 cal agent for the consortium; 21 ‘‘(ii) the local boards shall develop a 22 memorandum of understanding to jointly 23 administer the activities for the consor24 tium; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00974 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 975. 975 1 ‘‘(iii) the required activities for local 2 areas under this Act (including the re3 quired functions of the local boards de4 scribed in section 107(d)) shall apply to 5 such a consortium as a whole and may not 6 be applied separately or differently to the 7 local areas or local boards within such con8 sortium.’’. 9 (d) SINGLE STATE LOCAL AREAS.—Section 106(d) 10 of the Workforce Innovation and Opportunity Act (29 11 U.S.C. 3121(d)) is amended— 12 (1) by redesignating paragraph (2) as para13 graph (3); and 14 (2) by inserting after paragraph (1), the fol15 lowing: 16 ‘‘(2) NEW DESIGNATION.— 17 ‘‘(A) PROCESS.—If, upon a review de18 scribed in paragraph (3)(A) or (4)(B) of sub19 section (b) of a State described in subparagraph 20 (B) of this paragraph, the Governor of such 21 State determines, after consultation with the 22 State board, that such State should be des23 ignated as a single State local area— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00975 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 976. 976 1 ‘‘(i) the Governor shall propose to the 2 legislature of the State to designate such 3 State as a single State local area; 4 ‘‘(ii) in a case in which the majority 5 of the legislature of the State consents to 6 the Governor’s proposed designation— 7 ‘‘(I) such designation shall take 8 effect in accordance with subpara9 graph (C); and 10 ‘‘(II) the Governor shall identify 11 the State as a local area in the State 12 plan; and 13 ‘‘(iii) in a case in which in which the 14 majority of the legislature of the State 15 does not so consent to the Governor’s pro16 posed designation, the designations of the 17 local areas in the State shall be maintained 18 and shall be subject to the requirements of 19 subsection (b)(4). 20 ‘‘(B) STATE DESCRIBED.—A State de21 scribed in this subparagraph is a State that— 22 ‘‘(i) has not been designated as a sin23 gle State local area under paragraph (1); 24 and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00976 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 977. 977 1 ‘‘(ii)(I) has a population of less than 2 5,100,000, as determined by the last de3 cennial census preceding such designation; 4 or 5 ‘‘(II) contains 5 or fewer local areas. 6 ‘‘(C) EFFECTIVE DATE.—Notwithstanding 7 subsection (b)(2), a designation described in 8 paragraph (A) shall take effect on the later 9 of— 10 ‘‘(i) the first day of the third full pro11 gram year after the date of enactment of 12 the A Stronger Workforce for America Act; 13 or 14 ‘‘(ii) the first day of the first full pro15 gram year following the date on which the 16 Governor so designates the State as a sin17 gle State local area. 18 ‘‘(D) REESTABLISHMENT OF LOCAL 19 AREAS.— 20 ‘‘(i) IN GENERAL.—At the end of the 21 5-year period beginning on the date on 22 which a State is designated as a single 23 State local area under subparagraph (A), 24 the Secretary shall notify the Governor of 25 such State if, during such 5-year period, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00977 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 978. 978 1 the average of the overall State program 2 scores (as referred to in section 116(f)(2)) 3 across the adult and dislocated worker pro4 grams and youth programs authorized 5 under chapters 2 and 3 of subtitle B are 6 lower than the average of the State overall 7 program scores across such programs dur8 ing the 5-year period ending on the date 9 prior the date on which such State was so 10 designated. 11 ‘‘(ii) DETERMINATION AFTER NO12 TICE.— 13 ‘‘(I) IN GENERAL.—If, after re14 ceiving the notice described in clause 15 (i) with respect to a State, the Gov16 ernor determines— 17 ‘‘(aa) that the designation of 18 the State as a single State local 19 area should be maintained, the 20 Governor shall comply with sub21 clause (II) or (III), as appro22 priate; or 23 ‘‘(bb) that such designation 24 should not be so maintained, the 25 Governor shall reestablish the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00978 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 979. 979 1 local areas that comprised the 2 State prior to the designation of 3 the State as a single State local 4 area under subparagraph (A), 5 and such reestablishment shall 6 take effect on the first day of the 7 first full program year after the 8 Governor receives such notice. 9 ‘‘(II) REQUIREMENTS FOR MAIN10 TAINING DESIGNATION.—A designa11 tion described in subclause (I)(aa) 12 with respect to a State may only be so 13 maintained if the Governor— 14 ‘‘(aa) not later than 180 15 days after the date on which 16 Governor receives the notice de17 scribed in clause (i), issues a 18 public notice of the determination 19 by the Governor that the designa20 tion of such State as a single 21 State local area should be main22 tained; and 23 ‘‘(bb) not later than 1 year 24 after the date on which the Gov25 ernor issues such public notice, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00979 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 980. 980 1 the Governor receives the consent 2 of a majority of the legislature of 3 the State to so maintain the des4 ignation. 5 ‘‘(III) FAILURE TO MEET RE6 QUIREMENTS.—If the Governor fails 7 to comply with each of the require8 ments of subclause (II) with respect 9 to a State— 10 ‘‘(aa) a designation de11 scribed in subclause (I)(aa) for 12 such State may not be so main13 tained; and 14 ‘‘(bb) the Governor shall re15 establish the local areas that 16 comprised the State prior to the 17 designation of the State as a sin18 gle State local area under sub19 paragraph (A), and such reestab20 lishment shall take effect on the 21 first full program year after the 22 date that is 1 year after the date 23 on which the Governor issues the 24 public notice described in subVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00980 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 981. 981 1 clause (II)(aa) with respect to 2 the State.’’. 3 (e) DEFINITION OF ‘‘PERFORMED SUCCESS4 FULLY’’.—Section 106(e)(1) of the Workforce Innovation 5 and Opportunity Act (29 U.S.C. 3121(e)) is amended to 6 read as follows: 7 ‘‘(1) PERFORMED SUCCESSFULLY.—The term 8 ‘performed successfully’, used with respect to a local 9 area, means the local area is not subject to correc10 tive action as described in section 116(g)(2) on the 11 local performance accountability measures for the 12 most recent year for which data are available pre13 ceding the determination of performance under this 14 paragraph.’’. 15 SEC. 116. LOCAL WORKFORCE DEVELOPMENT BOARDS. 16 (a) MEMBERSHIP.—Section 107(b) of the Workforce 17 Innovation and Opportunity Act (29 U.S.C. 3122(b)) is 18 amended— 19 (1) in paragraph (2)— 20 (A) in subparagraph (B)— 21 (i) by striking ‘‘20’’ and inserting 22 ‘‘30’’; and 23 (ii) in clause (iv), by striking ‘‘out-of24 school youth’’ and inserting ‘‘opportunity 25 youth’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00981 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 982. 982 1 (B) in subparagraph (C)— 2 (i) in clause (i), by inserting after 3 ‘‘title II’’ the following: ‘‘(including activi4 ties through corrections education pro5 grams under such title)’’; 6 (ii) in clause (ii), by inserting after 7 ‘‘community colleges’’ the following: ‘‘and, 8 as applicable, historically Black colleges 9 and universities (meaning part B institu10 tions as defined in section 322 of the 11 Higher Education Act of 1965 (20 U.S.C. 12 1061)), minority-serving institutions 13 (meaning institutions defined in any of 14 paragraphs (1) through (7) of section 15 371(a) of such Act (20 U.S.C.1067q(a)), 16 and Tribal colleges or universities (as such 17 term is defined in section 316(b) of such 18 Act (20 U.S.C. 1059c(b))) and comprehen19 sive transition and postsecondary programs 20 for students with intellectual disabilities 21 (as such term is defined in section 760 of 22 the Higher Education Act of 1965 (20 23 U.S.C. 1140)));’’; and 24 (iii) by adding at the end the fol25 lowing: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00982 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 983. 983 1 ‘‘(iv) may include faculty and staff 2 members working directly with students in 3 providing workforce investment activities 4 through education or training programs 5 that support an industry cluster.’’; and 6 (2) in paragraph (4)(A)— 7 (A) in clause (ii), by striking ‘‘include’’ 8 and all that follows through the period at the 9 end and inserting the following: ‘‘include— 10 ‘‘(I) representatives from commu11 nity-based organizations and other 12 representatives with professional ex13 pertise in youth workforce develop14 ment programs and with a dem15 onstrated record of success in serving 16 eligible youth; 17 ‘‘(II) opportunity youth, includ18 ing youth who are individuals with 19 disabilities; 20 ‘‘(III) at least one representative 21 of a public or nonprofit agency that 22 serves youth, including juvenile justice 23 and child welfare agencies, and at 24 least one representative of a local pub25 lic housing authority; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00983 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 984. 984 1 ‘‘(IV) for a local area in which a 2 Job Corps campus (as such term is 3 defined in section 142) is located, at 4 least one representative of that cam5 pus; and 6 ‘‘(V) for a local area in which a 7 center for a YouthBuild program (as 8 such term is defined in section 9 171(b)) is located, at least one rep10 resentative of that center.’’; and 11 (B) by adding at the end the following: 12 ‘‘(iv) A standing committee to provide 13 information and to assist with planning, 14 operational, and other issues relating to 15 the engagement of representatives of the 16 workforce in the local area, which— 17 ‘‘(I) shall include at least one 18 representative of local labor organiza19 tions or joint labor-management orga20 nizations, including at least one rep21 resentative of either of such organiza22 tions with special interest or expertise 23 in youth workforce readiness or ap24 prenticeship and pre-apprenticeship 25 programs that serve youth; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00984 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 985. 985 1 ‘‘(II) may include, in a local area 2 with a significant number of dis3 located workers (as determined by the 4 local board), at least one representa5 tive with special interest or expertise 6 in providing supports for finding edu7 cation, training, and employment op8 portunities for dislocated workers. 9 ‘‘(v) A standing committee to provide 10 information and to assist with planning, 11 operational, and other issues relating to 12 the engagement of educational entities in 13 the local area, which shall include, at a 14 minimum— 15 ‘‘(I) at least one representative of 16 a local educational agency that serves 17 students residing in such local area; 18 ‘‘(II) at least one representative 19 of institutions of higher education in 20 the local area, including community 21 colleges; and 22 ‘‘(III) at least one representative 23 of entities administering education 24 and training activities, including ca25 reer and technical education programs VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00985 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 986. 986 1 or after- school and summer learning 2 programs, in the local area. 3 ‘‘(vi) A standing committee to provide 4 information and to assist with planning, 5 operational, and other issues relating to 6 the provision of services to justice- involved 7 individuals, including pre-release edu8 cation, training, and career services for 9 such individuals, which shall include— 10 ‘‘(I) at least one justice-involved 11 individual; and 12 ‘‘(II) representatives from com13 munity-based organizations with spe14 cial interest or expertise in reentry 15 services for incarcerated and justice16 involved individuals, including at least 17 one representative of an organization 18 that is a recipient of a grant under 19 section 172.’’. 20 (b) FUNCTIONS OF LOCAL BOARD.—Section 107(d) 21 of the Workforce Innovation and Opportunity Act (29 22 U.S.C. 3122(d)) is amended— 23 (1) in paragraph (2)(A), by striking ‘‘section 24 108(b)(1)(D)’’ and inserting ‘‘108(b)(1)(E)’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00986 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 987. 987 1 (2) in paragraph (3), by inserting ‘‘, including, 2 to the extent practicable, local representatives of the 3 core programs and the programs described in section 4 121(b)(1)(B),’’ after ‘‘system stakeholders’’; 5 (3) in paragraph (4)— 6 (A) in subparagraph (B), by inserting 7 ‘‘and industry and sector partnerships’’ after 8 ‘‘intermediaries’’; 9 (B) in subparagraph (C), by inserting ‘‘, 10 local educational agencies, community colleges 11 and other institutions of higher education’’ 12 after ‘‘economic development entities’’; and 13 (C) in subparagraph (D)— 14 (i) by striking ‘‘proven’’ and inserting 15 ‘‘evidence-based’’; 16 (ii) by inserting ‘‘individual’’ after 17 ‘‘needs of’’; and 18 (iii) by inserting ‘‘from a variety of in19 dustries and occupations’’ after ‘‘and em20 ployers’’; 21 (4) in paragraph (5), by inserting ‘‘and which, 22 to the extent practicable, shall be aligned with career 23 and technical education programs of study (as de24 fined in section 3 of the Carl D. Perkins Career and 25 Technical Education Act of 2006 (20 U.S.C. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00987 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 988. 988 1 2302(3)) offered within the local area’’ before the 2 period at the end; 3 (5) in paragraph (6)— 4 (A) in the heading, by striking ‘‘PROVEN’’ 5 and inserting ‘‘EVIDENCE-BASED’’; 6 (B) in subparagraph (A)— 7 (i) by striking ‘‘proven’’ and inserting 8 ‘‘evidence-based’’; 9 (ii) by inserting ‘‘and covered veterans 10 (as defined in section 4212(a)(3)(A) of 11 title 38, United States Code)’’ after ‘‘em12 ployment’’; and 13 (iii) by inserting ‘‘, and give priority 14 to covered persons in accordance with sec15 tion 4215 of title 38, United States Code’’ 16 after ‘‘delivery system’’; and 17 (C) in subparagraph (B), by striking 18 ‘‘proven’’ and inserting ‘‘evidence-based’’; 19 (6) in paragraph (10)(C)— 20 (A) by inserting ‘‘, on the State eligible 21 training provider list,’’ after ‘‘identify’’; and 22 (B) by inserting ‘‘that operate in or are ac23 cessible to individuals’’ after ‘‘training serv24 ices’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00988 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 989. 989 1 (7) in paragraph (12)(A), by striking ‘‘activi2 ties’’ and inserting ‘‘funds allocated to the local area 3 under section 128(b) and section 133(b) for the 4 youth workforce development activities described in 5 section 129 and local employment and training ac6 tivities described in section 134(b), and the activi7 ties’’. 8 (c) LIMITATIONS.—Section 107(g)(1)(D) of the 9 Workforce Innovation and Opportunity Act (29 U.S.C. 10 3122(g)(1)(D)) is amended by striking ‘‘needed or’’ and 11 inserting the following: ‘‘, that the local board is failing 12 to meet the requirements for eligible providers of training 13 services under section 122, or’’. 14 SEC. 117. LOCAL PLAN. 15 Section 108 of the Workforce Innovation and Oppor16 tunity Act (29 U.S.C. 3123) is amended— 17 (1) in subsection (a)— 18 (A) by striking ‘‘section 102(b)(1)(E)’’ and 19 inserting ‘‘section 102(b)(1)(F); and 20 (B) by striking ‘‘shall prepare’’ and insert21 ing ‘‘may prepare’’; and 22 (2) in subsection (b)— 23 (A) in paragraph (1)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00989 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 990. 990 1 (i) by redesignating subparagraphs 2 (D), (E), and (F) as subparagraphs (E), 3 (F), and (H), respectively; 4 (ii) by inserting the following after 5 subparagraph (C): 6 ‘‘(D) a description of— 7 ‘‘(i) how the local area will use real8 time labor market information to contin9 ually assess the economic conditions and 10 workforce trends described in subpara11 graphs (A), (B), and (C); and 12 ‘‘(ii) how changes in such conditions 13 or trends will be communicated to job14 seekers, education and training providers, 15 and employers in the local area;’’; 16 (iii) in subparagraph (F), as so redes17 ignated, by striking ‘‘and’’ at the end; and 18 (iv) by inserting after subparagraph 19 (F), as so redesignated, the following: 20 ‘‘(G) an analysis, which may be conducted 21 in coordination with the State, of the oppor22 tunity youth population in the local area includ23 ing the estimated number of such youth and 24 any gaps in services for such population from 25 other existing workforce development activities, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 991. 991 1 as identified under paragraph (9), and a de2 scription of how the local board will address any 3 such gaps in services identified in such analysis; 4 and’’; 5 (B) in paragraph (2), by striking ‘‘section 6 102(b)(1)(E)’’ and inserting ‘‘section 7 102(b)(1)(F); 8 (C) in paragraph (4)— 9 (i) in subparagraph (A)— 10 (I) by striking ‘‘and’’ at the end 11 of clause (iii); and 12 (II) by adding at the end the fol13 lowing: 14 ‘‘(v) carry out any statewide skills15 based initiatives identified in the State 16 plan that promote the use of demonstrated 17 skills and competencies as an alternative to 18 the exclusive use of degree attainment as a 19 requirement for employment or advance20 ment in a career; and’’; and 21 (ii) in subparagraph (B), by striking 22 ‘‘customized training’’ and inserting ‘‘em23 ployer-directed skills development’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00991 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 992. 992 1 (D) in paragraph (6)(B), by inserting ‘‘, 2 such as the use of affiliated sites’’ after 3 ‘‘means’’; 4 (E) in paragraph (9)— 5 (i) by striking ‘‘including activities’’ 6 and inserting the following: ‘‘including— 7 ‘‘(A) the availability of community based 8 organizations that serve youth primarily during 9 nonschool time hours to carry out activities 10 under section 129; 11 ‘‘(B) activities’’; 12 (ii) in subparagraph (B), as so redes13 ignated— 14 (I) by inserting ‘‘or evidence15 based’’ after ‘‘successful’’; and 16 (II) by adding ‘‘and’’ at the end; 17 and 18 (iii) by adding at the end the fol19 lowing: 20 ‘‘(C) the availability of preapprenticeship 21 and apprenticeship programs serving youth;’’; 22 (F) in paragraph (12), by inserting ‘‘in23 cluding as described in section 134(c)(2),’’ after 24 ‘‘system,’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00992 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 993. 993 1 (G) in paragraph (13), by inserting before 2 the semicolon at the end the following: ‘‘, and 3 encourage eligible youth who are enrolled in 4 adult education and literacy activities under 5 title II to co-enroll in youth workforce invest6 ment activities carried out by the local board, 7 as appropriate’’. 8 CHAPTER 3—PERFORMANCE 9 ACCOUNTABILITY 10 SEC. 119. PERFORMANCE ACCOUNTABILITY SYSTEM. 11 (a) STATE PERFORMANCE ACCOUNTABILITY MEAS12 URES.— 13 (1) PRIMARY INDICATORS OF PERFORMANCE.— 14 Section 116(b)(2)(A) of the Workforce Innovation 15 and Opportunity Act (29 U.S.C. 3141(b)(2)(A)) is 16 amended— 17 (A) in clause (i)— 18 (i) in subclause (II)— 19 (I) by striking ‘‘fourth’’ and in20 serting ‘‘second’’; and 21 (II) by inserting ‘‘and remain in 22 unsubsidized employment during the 23 fourth quarter after exit from the pro24 gram’’ after ‘‘the program’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00993 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 994. 994 1 (ii) in subclause (IV), by striking 2 ‘‘secondary school diploma’’ and inserting 3 ‘‘regular high school diploma’’; 4 (iii) in subclause (V)— 5 (I) by striking ‘‘, during a pro6 gram year,’’; 7 (II) by striking ‘‘are in’’ and in8 serting ‘‘enter into’’; and 9 (III) by inserting before the 10 semicolon at the end the following: 11 ‘‘within 12 months after the quarter 12 in which the participant enters into 13 the education and training program’’; 14 and 15 (iv) by amending subclause (VI) to 16 read as follows: 17 ‘‘(VI) of the program partici18 pants who received training services 19 during a program year, the percentage 20 of such program participants who par21 ticipated in on-the-job training, em22 ployer-directed skills development, in23 cumbent worker training, or an ap24 prenticeship.’’; 25 (B) in clause (ii)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00994 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 995. 995 1 (i) in subclause (II)— 2 (I) by striking ‘‘fourth’’ and in3 serting ‘‘second’’; 4 (II) by inserting ‘‘, and who re5 main either in such activities or un6 subsidized employment during the 7 fourth quarter after exit from the pro8 gram’’ after ‘‘the program’’; and 9 (III) by striking ‘‘and’’ at the 10 end; 11 (ii) in subclause (III)— 12 (I) by striking ‘‘(VI)’’ and insert13 ing ‘‘(V)’’; and 14 (II) by striking the period at the 15 end and inserting ‘‘; and’’; and 16 (iii) by adding at the end the fol17 lowing: 18 ‘‘(IV) of the program partici19 pants who exited the program during 20 a program year, the percentage of 21 such program participants who com22 pleted, prior to such exit, a work ex23 perience as described in section 24 129(c)(2)(C).’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00995 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 996. 996 1 (C) in clause (iii), by striking ‘‘secondary 2 school diploma’’ and inserting ‘‘regular high 3 school diploma’’; and 4 (D) by striking clause (iv). 5 (2) LEVELS OF PERFORMANCE.—Section 6 116(b)(3)(A) of the Workforce Innovation and Op7 portunity Act (29 U.S.C. 3141(b)(3)(A)) is amend8 ed— 9 (A) by amending clause (iii) to read as fol10 lows: 11 ‘‘(iii) IDENTIFICATION IN STATE 12 PLAN.— 13 ‘‘(I) SECRETARIES.—For each 14 State submitting a State plan, the 15 Secretary of Labor and the Secretary 16 of Education shall, not later than 17 January 15 of the year in which such 18 State plan is submitted, for the first 19 2 program years covered by the State 20 plan, and not later than January 15 21 of the second program year covered by 22 the State plan, for the third and 23 fourth program years covered by the 24 State plan— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00996 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 997. 997 1 ‘‘(aa) propose to the State 2 expected levels of performance, 3 for each of the corresponding pri4 mary indicators of performance 5 for each of the programs de6 scribed in clause (ii) for such 7 State, which shall— 8 ‘‘(AA) be consistent 9 with the factors listed in 10 clause (v); and 11 ‘‘(BB) be proposed in a 12 manner that ensures suffi13 cient time is provided for 14 the State to evaluate and re15 spond to such proposals; and 16 ‘‘(bb) publish, on a public 17 website of the Department of 18 Labor, the statistical model de19 veloped under clause (viii) and 20 the methodology used to develop 21 each such expected level of per22 formance. 23 ‘‘(II) STATES.—Each State 24 shall— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00997 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 998. 998 1 ‘‘(aa) evaluate each of the 2 expected levels of performance 3 proposed under subclause (I) 4 with respect to such State; 5 ‘‘(bb) based on such evalua6 tion of each such expected level 7 of performance— 8 ‘‘(AA) accept the ex9 pected level of performance 10 as so proposed; or 11 ‘‘(BB) provide a coun12 terproposal for such ex13 pected level of performance, 14 including an analysis of how 15 the counterproposal address16 es factors or circumstances 17 unique to the State that 18 may not have been ac19 counted for in the expected 20 level of performance; and 21 ‘‘(cc) include in the State 22 plan, with respect to each of the 23 corresponding primary indicators 24 of performance for each of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00998 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 999. 999 1 programs described in clause (ii) 2 for such State— 3 ‘‘(AA) the expected 4 level of performance pro5 posed under subclause (I); 6 ‘‘(BB) the counter7 proposal for such proposed 8 level, if any; and 9 ‘‘(CC) the level of per10 formance that is agreed to 11 under clause (iv).’’; 12 (B) in clause (iv)— 13 (i) in subclause (I)— 14 (I) in the second sentence, by 15 striking ‘‘the levels identified in the 16 State plan under clause (iii) and the 17 factors described in clause (v)’’ and 18 inserting ‘‘the factors described in 19 clause (v) and any counterproposal, 20 and the analysis provided by the State 21 with such counterproposal, described 22 in clause (iii)(II)(bb)(BB)’’; and 23 (II) in the third sentence, by 24 striking ‘‘incorporated into the State 25 plan’’ and inserting ‘‘included in the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 00999 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1000. 1000 1 State plan, as described in clause 2 (iii)(II)(cc),’’; and 3 (ii) in subclause (II)— 4 (I) in the second sentence, by 5 striking ‘‘the factors described in 6 clause (v)’’ and inserting ‘‘the factors 7 described in clause (v) and any coun8 terproposal, and the analysis provided 9 by the State with such counter10 proposal, described in clause 11 (iii)(II)(bb)(BB)’’; and 12 (II) in the third sentence, by 13 striking ‘‘incorporated into the State 14 plan’’ and inserting ‘‘included in the 15 State plan, as described in clause 16 (iii)(II)(cc),’’; and 17 (C) in clause (v)(II)— 18 (i) in the matter preceding item (aa), 19 by striking ‘‘based on’’ and inserting 20 ‘‘based on each consideration that is found 21 to be predictive of performance on an indi22 cator for a program and consists of’’; and 23 (ii) in item (bb), by striking ‘‘ex-of24 fender status, and welfare dependency’’ 25 and inserting ‘‘justice-involved individual VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01000 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1001. 1001 1 status, foster care status, school status, 2 education level, highest grade level com3 pleted, low-income status, and receipt of 4 public assistance’’. 5 (b) PERFORMANCE REPORTS.—Section 116(d) of the 6 Workforce Innovation and Opportunity Act (29 U.S.C. 7 3141(d)) is amended— 8 (1) by amending paragraph (1) to read as fol9 lows: 10 ‘‘(1) IN GENERAL.— 11 ‘‘(A) TEMPLATES FOR PERFORMANCE RE12 PORTS.—Not later than 12 months after the 13 date of enactment of the A Stronger Workforce 14 for America Act, the Secretary of Labor, in 15 conjunction with the Secretary of Education, 16 shall develop, or review and modify, as appro17 priate, to comply with the requirements of this 18 subsection, the templates for performance re19 ports that shall be used by States (including by 20 States on behalf of eligible providers of training 21 services under section 122) and local areas to 22 produce a report on outcomes achieved by the 23 core programs. In developing, or reviewing and 24 modifying, such templates, the Secretary of 25 Labor, in conjunction with the Secretary of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01001 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1002. 1002 1 Education, shall take into account the need to 2 maximize the value of the templates for work3 ers, jobseekers, employers, local elected officials, 4 State officials, Federal policymakers, and other 5 key stakeholders. 6 ‘‘(B) STANDARDIZED REPORTING.—In de7 veloping, or reviewing and modifying, the tem8 plates under subparagraph (A), the Secretary of 9 Labor, in conjunction with the Secretary of 10 Education, shall ensure that States and local 11 areas, in producing performance reports for 12 core programs and eligible providers of training 13 services, collect and report information on com14 mon data elements— 15 ‘‘(i) in a comparable and uniform for16 mat; and 17 ‘‘(ii) using terms that are assigned 18 identical meanings across all such reports. 19 ‘‘(C) ADDITIONAL REPORTING.—The Sec20 retary of Labor, in conjunction with the Sec21 retary of Education— 22 ‘‘(i) in addition to the information on 23 the common data elements, may require 24 additional information with respect to any VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01002 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1003. 1003 1 core program as necessary for effective re2 porting; and 3 ‘‘(ii) shall periodically review any such 4 requirement for additional information to 5 ensure the requirement is necessary and 6 does not impose an undue reporting bur7 den. 8 ‘‘(D) PRIVACY.—The Secretary of Labor, 9 in conjunction with the Secretary of Education, 10 shall ensure subparagraph (B) is carried out in 11 a manner that protects and promotes individual 12 privacy and data security, in accordance with 13 applicable Federal privacy laws. 14 ‘‘(E) ACCESS TO WAGE RECORDS.— 15 ‘‘(i) ACCESS.—A State may facilitate 16 for a local area that meets the require17 ments of clause (ii), for the sole purpose of 18 fulfilling the reporting requirements under 19 this subsection, access to the quarterly 20 wage records (excluding such records made 21 available by any other State) of program 22 participants in the local area. 23 ‘‘(ii) PRIVACY PROTECTIONS.—To re24 ceive access to such quarterly wage 25 records, the local area shall have demVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01003 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1004. 1004 1 onstrated to the State the ability to com2 ply, and agree to comply, with all applica3 ble Federal and State requirements relat4 ing to the access and use of such quarterly 5 wage records, including requirements relat6 ing to data privacy and cybersecurity.’’; 7 (2) in paragraph (2)— 8 (A) in subparagraph (B), by inserting ‘‘, 9 and aggregated to compare those levels of per10 formance for all individuals with barriers to em11 ployment with those levels of performance for 12 all other individuals’’ before the semicolon at 13 the end; 14 (B) in subparagraphs (D) and (F), by 15 striking ‘‘career and training services, respec16 tively’’ and inserting ‘‘career services, training 17 services, and supportive services, respectively’’; 18 (C) by redesignating subparagraphs (J) 19 through (L) as subparagraphs (K) through (M), 20 respectively and inserting after subparagraph 21 (I) the following: 22 ‘‘(J) the median earnings gain of partici23 pants who received training services, calculated 24 as the median value of the difference between— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01004 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1005. 1005 1 ‘‘(i) participant earnings in unsub2 sidized employment during the 4 quarters 3 after program exit; and 4 ‘‘(ii) participant earnings in the 4 5 quarters prior to entering the program;’’; 6 and 7 (D) in subparagraph (L), as so redesig8 nated— 9 (i) by striking clause (ii); and 10 (ii) by striking ‘‘strategies for pro11 grams’’ and all that follows through ‘‘the 12 performance’’, and inserting ‘‘strategies for 13 programs, the performance’’; 14 (3) in paragraph (3)— 15 (A) in subparagraph (A), by striking ‘‘(L)’’ 16 and inserting ‘‘(M)’’; 17 (B) in subparagraph (B), by striking 18 ‘‘and’’ at the end; 19 (C) by redesignating subparagraph (C) as 20 subparagraph (F); and 21 (D) by inserting after subparagraph (B) 22 the following: 23 ‘‘(C) the percentage of the local area’s allo24 cation under section 133(b) that the local area 25 spent on services paid for through an individual VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01005 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1006. 1006 1 training account described in section 2 134(c)(3)(F)(iii) or a training contract de3 scribed in section 134(c)(3)(G)(ii); 4 ‘‘(D) the percentage of the local area’s al5 location under section 133(b) that the local 6 area spent on supportive services; 7 ‘‘(E) the percentage of the local area’s al8 location under section 133(b), if any, that is 9 spent on incumbent worker training, 10 disaggregated by whether the amount so spent 11 was spent on the provision of incumbent worker 12 training through contracts or through incum13 bent worker upskilling accounts described in 14 section 134(d)(4)(E); and’’; 15 (4) by amending paragraph (4) to read as fol16 lows: 17 ‘‘(4) CONTENTS OF ELIGIBLE TRAINING PRO18 VIDERS PERFORMANCE REPORT.— 19 ‘‘(A) IN GENERAL.—The State shall use 20 the information submitted by the eligible pro21 viders of training services under section 122 22 and administrative records, including quarterly 23 wage records, of the participants of the pro24 grams offered by the providers to produce a 25 performance report on the eligible providers of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01006 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1007. 1007 1 training services in the State, which shall in2 clude, subject to paragraph (6)(C)— 3 ‘‘(i) with respect to each program of 4 study (or the equivalent) of a provider on 5 the list described in section 122(d)— 6 ‘‘(I) information specifying the 7 levels of performance achieved with 8 respect to the primary indicators of 9 performance described in subclauses 10 (I) through (IV) of subsection 11 (b)(2)(A)(i) with respect to all individ12 uals engaging in the program of study 13 (or the equivalent); and 14 ‘‘(II) the total number of individ15 uals exiting from the program of 16 study (or the equivalent), 17 disaggregated by whether such indi18 viduals completed the program of 19 study (or equivalent); and 20 ‘‘(ii) with respect to all eligible pro21 viders of training services under section 22 122— 23 ‘‘(I) the total number of partici24 pants who received training services 25 through each adult and dislocated VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01007 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1008. 1008 1 worker program authorized under 2 chapter 3 of subtitle B, disaggregated 3 by the type of entity that provided the 4 training services, during the most re5 cent program year and the 3 pre6 ceding program years; 7 ‘‘(II) the total number of partici8 pants who exited from training serv9 ices, disaggregated by the type of en10 tity that provided the training serv11 ices, and by whether such participants 12 completed the training services, dur13 ing the most recent program year and 14 the 3 preceding program years; 15 ‘‘(III) the average cost per par16 ticipant for the participants who re17 ceived training services, disaggregated 18 by the type of entity that provided the 19 training, during the most recent pro20 gram year and the 3 preceding pro21 gram years; 22 ‘‘(IV) the average of the per-pro23 gram ratios of median earnings in24 crease for a participant to the total 25 cost of the provider’s program, as deVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01008 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1009. 1009 1 scribed in section 122(b)(5)(B)(i)(III) 2 for the participant; and 3 ‘‘(V) the number of individuals 4 with barriers to employment served by 5 each adult and dislocated worker pro6 gram authorized under chapter 3 of 7 subtitle B, disaggregated by each sub8 population of such individuals, and by 9 race, ethnicity, sex, and age; and 10 ‘‘(iii) to the extent practicable, with 11 respect to each recognized postsecondary 12 credential on the list of credentials award13 ed by eligible providers in the State de14 scribed in section 122(d)(2)— 15 ‘‘(I) information specifying the 16 levels of performance achieved with 17 respect to the primary indicators of 18 performance described in subclauses 19 (I) through (IV) of subsection 20 (b)(2)(A)(i) for all participants in the 21 State receiving such credential; and 22 ‘‘(II) information specifying the 23 levels of performance achieved with 24 respect to the primary indicators of 25 performance described in subclauses VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01009 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1010. 1010 1 (I) through (IV) of subsection 2 (b)(2)(A)(i) for participants in the 3 State receiving such credential who 4 are individuals with barriers to em5 ployment, disaggregated by each sub6 population of such individuals, and by 7 race, ethnicity, sex, and age.’’; and 8 (5) in paragraph (6)— 9 (A) by amending subparagraph (A) to read 10 as follows: 11 ‘‘(A) STATE PERFORMANCE REPORTS.— 12 The Secretary of Labor and the Secretary of 13 Education shall annually make available the 14 performance reports for States containing the 15 information described in paragraph (2), which 16 shall include making such reports available— 17 ‘‘(i) digitally using transparent, 18 linked, open, and interoperable data for19 mats that are human readable and ma20 chine actionable such that the data from 21 these reports— 22 ‘‘(I) are easily understandable; 23 and 24 ‘‘(II) can be easily included in 25 web-based tools and services supVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01010 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1011. 1011 1 porting search, discovery, comparison, 2 analysis, navigation, and guidance; 3 ‘‘(ii) in a printable format; and 4 ‘‘(iii) in multiple languages, to the ex5 tent practicable.’’; 6 (B) in subparagraph (B)— 7 (i) by striking ‘‘(including by elec8 tronic means), in an easily understandable 9 format,’’; and 10 (ii) by adding at the end the fol11 lowing: ‘‘The Secretary of Labor and the 12 Secretary of Education shall include, on 13 the website where the State performance 14 reports are required under subparagraph 15 (A) to be made available, a link to local 16 area performance reports and the eligible 17 provider of training services report for 18 each State. Such reports shall be made 19 available in each of the formats described 20 in subparagraph (A).’’; and 21 (C) by adding at the end the following: 22 ‘‘(E) RULE OF CONSTRUCTION.—Nothing 23 in this subsection shall be construed to require 24 the retroactive collection of information, from 25 program years prior to the effective date deVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01011 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1012. 1012 1 scribed in section 502(a)(1) of the A Stronger 2 Workforce for America Act, that was not re3 quired under this subsection prior to that effec4 tive date.’’. 5 (c) EVALUATION OF STATE PROGRAMS.—Section 6 116(e) of the Workforce Innovation and Opportunity Act 7 (29 U.S.C. 3141(e)) is amended— 8 (1) in paragraph (1)— 9 (A) in the first sentence, by striking ‘‘shall 10 conduct ongoing’’ and inserting ‘‘shall use data 11 to conduct analyses and ongoing’’; and 12 (B) in the second sentence, by striking 13 ‘‘conduct the’’ and inserting ‘‘conduct such 14 analyses and’’; and 15 (2) in paragraph (2), by adding ‘‘A State may 16 use various forms of analysis, such as machine 17 learning or other advanced analytics, to improve pro18 gram operations and outcomes and to identify areas 19 for further evaluation.’’ at the end. 20 (d) SANCTIONS FOR STATE FAILURE TO MEET 21 STATE PERFORMANCE ACCOUNTABILITY MEASURES.— 22 Section 116(f) of the Workforce Innovation and Oppor23 tunity Act (29 U.S.C. 3141(f)) is amended to read as fol24 lows: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01012 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1013. 1013 1 ‘‘(f) SANCTIONS FOR STATE FAILURE TO MEET 2 STATE PERFORMANCE ACCOUNTABILITY MEASURES.— 3 ‘‘(1) TARGETED SUPPORT AND ASSISTANCE.— 4 ‘‘(A) IN GENERAL.—If a State fails to 5 meet 80 percent of the State adjusted level of 6 performance for an indicator described in sub7 section (b)(2)(A) (referred to in the regulations 8 carrying out this section as an ‘individual indi9 cator score’) for a core program for any pro10 gram year, the Secretary of Labor and the Sec11 retary of Education shall provide technical as12 sistance. 13 ‘‘(B) SANCTIONS.— 14 ‘‘(i) IN GENERAL.—If the State fails 15 in the manner described in subclause (I) or 16 (II) of clause (ii) with respect to the pro17 gram year specified in that subclause, the 18 percentage of each amount that could (in 19 the absence of this subsection) be reserved 20 by the Governor under section 128(a)(1) 21 for the immediately succeeding program 22 year shall be reduced by 5 percent and an 23 amount equivalent to the amount reduced 24 shall be returned to the Secretary of Labor 25 until such date as the Secretary of Labor VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01013 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1014. 1014 1 or the Secretary of Education, as appro2 priate, determines that the State meets the 3 State adjusted level of performance, in the 4 case of a failure described in clause (ii)(II), 5 or has submitted the reports for the appro6 priate program years, in the case of a fail7 ure described in clause (ii)(I). 8 ‘‘(ii) FAILURES.—A State shall be 9 subject to clause (i)— 10 ‘‘(I) if (except in the case of ex11 ceptional circumstances as determined 12 by the Secretary of Labor or the Sec13 retary of Education, as appropriate), 14 such State fails to submit a report 15 under subsection (d) for any program 16 year; or 17 ‘‘(II) for a failure under subpara18 graph (A) that has continued for a 19 second consecutive program year. 20 ‘‘(2) COMPREHENSIVE SUPPORT AND ASSIST21 ANCE.— 22 ‘‘(A) IN GENERAL.—If a State fails to 23 meet an average of 90 percent of the State ad24 justed levels of performance for a single core 25 program across all indicators of performance VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01014 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1015. 1015 1 (referred to in the regulations carrying out this 2 section as an ‘overall State program score’) for 3 any program year, or if a State fails to meet an 4 average of 90 percent of the State adjusted lev5 els of performance for a single indicator of per6 formance across all core programs (referred to 7 in the regulations carrying out this section as 8 an ‘overall State indicator score’) for any pro9 gram year, the Secretary of Labor and the Sec10 retary of Education shall provide technical as11 sistance, as described and authorized under sec12 tion 168(b), including assistance in the develop13 ment of a comprehensive performance improve14 ment plan. 15 ‘‘(B) SECOND CONSECUTIVE YEAR FAIL16 URE.—If such failure under subparagraph (A) 17 continues for a second consecutive program 18 year, the percentage of each amount that could 19 (in the absence of this subsection) be reserved 20 by the Governor under section 128(a)(1) for the 21 immediately succeeding program year shall be 22 reduced by 8 percent and an amount equivalent 23 to the amount reduced shall be returned to the 24 Secretary of Labor until such date as the Sec25 retary of Labor or the Secretary of Education, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01015 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1016. 1016 1 as appropriate, determines that the State meets 2 such State adjusted levels of performance. 3 ‘‘(3) LIMITATION.—The total reduction under 4 this subsection to the percentage of each amount 5 that could (in the absence of this subsection) be re6 served by the Governor under section 128(a)(1) may 7 not exceed 10 percent for a program year. 8 ‘‘(4) REALLOTMENT OF REDUCTIONS.— 9 ‘‘(A) IN GENERAL.—The amounts available 10 for reallotment for a program year shall be re11 allotted to a State (in this paragraph referred 12 to as an ‘eligible State’) that— 13 ‘‘(i) was not subject to a reduction of 14 funds under paragraph (1)(B) or para15 graph (2)(B) of this subsection for such 16 program year; 17 ‘‘(ii) in the case of amounts available 18 under section 127(b)(1)(C), was 1 of the 5 19 States that achieved, in the most recent 20 program year, the greatest increase from 21 the prior year to the average of the State’s 22 adjusted levels of performance across all 23 indicators of performance for the youth 24 program under chapter 2 of subtitle B; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01016 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1017. 1017 1 ‘‘(iii) in the case of amounts available 2 under section 132(b)(1)(B), was 1 of the 5 3 States that achieved, in the most recent 4 program year, the greatest increase from 5 the prior year to the average of the State’s 6 adjusted levels of performance across all 7 indicators of performance for the adult 8 program under chapter 3 of subtitle B; 9 and 10 ‘‘(iv) in the case of amounts available 11 under section 132(b)(2)(B), was 1 of the 5 12 States that achieved, in the most recent 13 program year, the greatest increase from 14 the prior year to the average of the State’s 15 adjusted levels of performance across all 16 indicators of performance for the dis17 located worker program under chapter 3 of 18 subtitle B. 19 ‘‘(B) AMOUNTS AVAILABLE FOR REALLOT20 MENT.—In this paragraph, the term ‘amounts 21 available for reallotment for a program year’ 22 means the amounts available under section 23 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) 24 of section 132(b) for such program year which 25 could (in the absence of the requirements to reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01017 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1018. 1018 1 turn funds of paragraph (1)(B) or paragraph 2 (2)(B) of this subsection) have otherwise been 3 reserved under section 128(a)(1) by a Governor 4 of a State for such program year. 5 ‘‘(C) REALLOTMENT AMOUNTS.—In mak6 ing reallotments under subparagraph (A) for a 7 program year to eligible States, the Secretary 8 shall allot to each eligible State— 9 ‘‘(i) in the case of amounts available 10 under section 127(b)(1)(C), an amount 11 based on the relative amount of the allot12 ment made (before the reallotments under 13 this paragraph are made) to such eligible 14 State under section 127(b)(1)(C) for such 15 program year, compared to the total allot16 ments made (before the reallotments under 17 this paragraph are made) to all eligible 18 States under section 127(b)(1)(C) for such 19 program year; 20 ‘‘(ii) in the case of amounts available 21 under paragraph (1)(B) of section 132(b), 22 an amount based on the relative amount of 23 the allotment made (before the reallot24 ments under this paragraph are made) to 25 such eligible State under paragraph (1)(B) VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01018 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1019. 1019 1 of section 132(b) for such program year, 2 compared to the total allotments made (be3 fore the reallotments under this paragraph 4 are made) to all eligible States under para5 graph (1)(B) of section 132(b) for such 6 program year; and 7 ‘‘(iii) in the case of amounts available 8 under paragraph (2)(B) of section 132(b), 9 an amount based on the relative amount of 10 the allotment made (before the reallot11 ments under this paragraph are made) to 12 such eligible State under paragraph (2)(B) 13 of section 132(b) for such program year, 14 compared to the total allotments made (be15 fore the reallotments under this paragraph 16 are made) to all eligible States under para17 graph (2)(B) of section 132(b) for such 18 program year.’’. 19 (e) SANCTIONS FOR LOCAL AREA FAILURE TO MEET 20 LOCAL PERFORMANCE ACCOUNTABILITY MEASURES.— 21 Section 116(g) of the Workforce Innovation and Oppor22 tunity Act (29 U.S.C. 3141(g)) is amended— 23 (1) in paragraph (1)— 24 (A) by inserting ‘‘80 percent of the’’ before 25 ‘‘local performance’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01019 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1020. 1020 1 (B) by striking ‘‘local performance ac2 countability measures established under sub3 section (c)’’ and inserting ‘‘local level of per4 formance established under subsection (c) for 5 an indicator of performance described in sub6 section (b)(2)(A) for a single program, an aver7 age of 90 percent of the local levels of perform8 ance across all such indicators for a single pro9 gram, or an average of 90 percent of the local 10 levels of performance for a single such indicator 11 across all programs,’’; and 12 (2) in paragraph (2)— 13 (A) by amending subparagraph (A) to read 14 as follows: 15 ‘‘(A) IN GENERAL.—If such failure con16 tinues, the Governor shall take corrective ac17 tions, which shall include— 18 ‘‘(i) in the case of such failure, as de19 scribed in paragraph (1), for a second con20 secutive year, on any single indicator, 21 across indicators for a single program, or 22 on a single indicator across programs, a 5- 23 percent reduction in the amount that 24 would (in the absence of this clause) be al25 located to the local area for the immeVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01020 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1021. 1021 1 diately succeeding program year under 2 chapter 2 or 3 of subtitle B for the pro3 gram subject to the performance failure; 4 ‘‘(ii) in the case of such failure, as de5 scribed in paragraph (1), for a third con6 secutive year, the development of a reorga7 nization plan through which the Governor 8 shall— 9 ‘‘(I) require the appointment and 10 certification of a new local board, con11 sistent with the criteria established 12 under section 107(b); 13 ‘‘(II) prohibit the use of one-stop 14 delivery system contractors or service 15 providers identified as achieving a 16 poor level of performance; and 17 ‘‘(III) redesignate a local area 18 (which may include merging a local 19 area with another local area), if the 20 Governor determines that the likely 21 cause of such continued performance 22 failure of a local area is due to such 23 local area’s designation being granted 24 without the appropriate consideration VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01021 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1022. 1022 1 of parameters described under section 2 106(b)(1)(B); or 3 ‘‘(iii) taking another significant action 4 determined appropriate by the Governor.’’; 5 (B) in subparagraph (B)(i), by inserting 6 ‘‘(ii)’’ after ‘‘subparagraph (A)’’; and 7 (C) by adding at the end the following: 8 ‘‘(D) REALLOCATION OF REDUCTIONS.— 9 With respect to any amounts available to carry 10 out section 128(b), paragraph (2)(A) or (3) of 11 section 133(b), and section 133(b)(2)(B) to a 12 Governor for a program year which would (in 13 the absence of subparagraph (A)(i)) have other14 wise been allocated by such Governor to a local 15 area (referred to individually in this subpara16 graph as an ‘unallocated amount’) for such pro17 gram year— 18 ‘‘(i) 10 percent of those 3 unallocated 19 amounts shall be reserved by the Governor 20 to provide technical assistance to local 21 areas within the State that were subject to 22 a reduction of allocation amounts pursuant 23 to subparagraph (A)(i) for such program 24 year; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01022 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1023. 1023 1 ‘‘(ii) the amounts remaining after the 2 reservations under clause (i) shall be re3 allocated by the Governor, to the local 4 areas within the State that were not sub5 ject to a reduction of allocation amounts 6 pursuant to subparagraph (A)(i) for such 7 program year, in a manner determined by 8 the Governor, which may take into consid9 eration the extent to which local areas 10 serve a significant number, as determined 11 by the Governor, of individuals with bar12 riers to employment.’’. 13 (f) ESTABLISHING PAY-FOR-PERFORMANCE CON14 TRACT STRATEGY INCENTIVES.—Section 116(h) of the 15 Workforce Innovation and Opportunity Act (29 U.S.C. 16 3141(h)) is amended by striking ‘‘non-Federal funds’’ and 17 inserting ‘‘not more than 5 percent of the funds reserved 18 under section 128(a)(1)’’. 19 (g) INFORMATION AND TECHNICAL ASSISTANCE.— 20 Section 116 of the Workforce Innovation and Opportunity 21 Act (29 U.S.C. 3141) is amended— 22 (1) by redesignating subsection (i) as subsection 23 (j); and 24 (2) by inserting after subsection (h) the fol25 lowing: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01023 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1024. 1024 1 ‘‘(i) INFORMATION AND TECHNICAL ASSISTANCE.— 2 Beginning not later than 12 months after the date of en3 actment of the A Stronger Workforce for America Act, 4 the Secretary of Labor shall hold meetings with each State 5 board and State agency that administers a core program, 6 and that requests such a meeting, to provide information 7 and technical assistance concerning the performance ac8 countability measures established in accordance with sub9 section (b), and related requirements for States under this 10 section.’’. 11 (h) FISCAL AND MANAGEMENT ACCOUNTABILITY IN12 FORMATION SYSTEMS.—Section 116(j) of the Workforce 13 Innovation and Opportunity Act (29 U.S.C. 3141(j)), as 14 so redesignated, is amended— 15 (1) in the first sentence of paragraph (2), by 16 inserting ‘‘, and may use information provided from 17 the National Directory of New Hires in accordance 18 with section 453(j)(8) of the Social Security Act (42 19 U.S.C. 653(j)(8))’’ after ‘‘State law’’; 20 (2) by redesignating paragraph (3) as para21 graph (4); and 22 (3) by inserting after paragraph (2) the fol23 lowing: 24 ‘‘(3) DESIGNATED ENTITY.—The Governor 25 shall designate a State agency (or appropriate State VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01024 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1025. 1025 1 entity) to assist in carrying out the performance re2 porting requirements of this section for core pro3 grams and eligible providers of training services. 4 The designated State agency (or appropriate State 5 entity) shall be responsible for— 6 ‘‘(A) facilitating data matches using quar7 terly wage record information, including wage 8 record information made available by other 9 States, to measure employment and earnings 10 outcomes; 11 ‘‘(B) notifying State agencies that admin12 ister core programs and eligible providers of 13 training services of the State’s procedures for 14 data validation and reliability, as described in 15 subsection (d)(5); and 16 ‘‘(C) protection against disaggregation that 17 would violate applicable privacy standards, as 18 described in subsection (d)(6)(C).’’. 19 (i) IMPLEMENTATION OF PERFORMANCE ACCOUNT20 ABILITY MEASURES.—Section 116 of the Workforce Inno21 vation and Opportunity Act (29 U.S.C. 3141) is amended 22 by adding at the end the following: 23 ‘‘(k) IMPLEMENTATION OF PERFORMANCE ACCOUNT24 ABILITY MEASURES.—Not later than 12 months after the 25 date of enactment of the A Stronger Workforce for AmerVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01025 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1026. 1026 1 ica Act, the Secretary of Labor and the Secretary of Edu2 cation shall fully implement the requirements of this sec3 tion for programs described in subsection (b)(3)(A)(iv), in4 cluding— 5 ‘‘(1) developing and disseminating the objective 6 statistical adjustment model described in subsection 7 (b)(3)(A)(viii) and using the model as described in 8 subsection (b)(3)(A)(viii) for each program; and 9 ‘‘(2) notifying the State agencies carrying out 10 such programs of the performance accountability 11 measures established under this section, of the re12 porting and evaluation requirements for such pro13 grams, and of the sanctions requirements for pro14 grams that fail to meet State adjusted levels of per15 formance under subsection (b)(3)(A)(iv).’’. 16 Subtitle C—Workforce Investment 17 Activities and Providers 18 CHAPTER 1—WORKFORCE INVESTMENT 19 ACTIVITIES AND PROVIDERS 20 SEC. 121. ESTABLISHMENT OF ONE-STOP DELIVERY SYS21 TEMS. 22 (a) ONE-STOP PARTNERS.—Section 121(b) of the 23 Workforce Innovation and Opportunity Act (29 U.S.C. 24 3151(b)) is amended— 25 (1) in paragraph (1)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01026 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1027. 1027 1 (A) in subparagraph (B)— 2 (i) in clause (xi), by inserting ‘‘and’’ 3 at the end; 4 (ii) by striking clause (xii); and 5 (iii) by redesignating clause (xiii) as 6 clause (xii); and 7 (B) in subparagraph (C), by striking ‘‘sub8 paragraph (B)(xiii)’’ and inserting ‘‘subpara9 graph (B)(xii)’’; and 10 (2) in paragraph (2)— 11 (A) in subparagraph (A), by striking 12 ‘‘With’’ and inserting ‘‘At the direction of the 13 Governor or with’’; and 14 (B) in subparagraph (B)— 15 (i) in clause (vi), by striking ‘‘and’’ at 16 the end; 17 (ii) by redesignating clause (vii) as 18 clause (viii); 19 (iii) by inserting after clause (vi) the 20 following: 21 ‘‘(vii) any applicable economic devel22 opment and workforce development pro23 grams carried out in the State— 24 ‘‘(I) by the Economic Develop25 ment Administration; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01027 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1028. 1028 1 ‘‘(II) under Public Law 117–167 2 (commonly known as the ‘CHIPS and 3 Science Act of 2022’); 4 ‘‘(III) under the Infrastructure 5 Investment and Jobs Act (Public Law 6 117–58); or 7 ‘‘(IV) under Public Law 117–168 8 (commonly known as the ‘Inflation 9 Reduction Act of 2022’); and’’; and 10 (iv) in clause (viii), as so redesig11 nated— 12 (I) by inserting ‘‘opportunity 13 youth services,’’ after ‘‘education,’’; 14 and 15 (II) by inserting ‘‘, by commu16 nity-based organizations,’’ after ‘‘li17 braries’’. 18 (b) MEMORANDUM OF UNDERSTANDING.—Section 19 121(c)(2)(A)(iv) of the Workforce Innovation and Oppor20 tunity Act (29 U.S.C. 3151(c)(2)(A)(iv)) is amended by 21 striking ‘‘access to services, including access to technology 22 and materials, made’’ and inserting ‘‘access or referral to 23 services, including access or referral to technology, mate24 rials, and other supportive services, made’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01028 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1029. 1029 1 (c) ONE-STOP OPERATORS.—Section 121(d) of the 2 Workforce Innovation and Opportunity Act (29 U.S.C. 3 3151(d)) is amended— 4 (1) in paragraph (1), by striking ‘‘paragraphs 5 (2) and (3)’’ and inserting ‘‘paragraphs (2) and 6 (5)’’; 7 (2) in paragraph (2)(B)— 8 (A) in the matter preceding clause (i), by 9 inserting ‘‘(including effectiveness in serving in10 dividuals with barriers to employment)’’ after 11 ‘‘demonstrated effectiveness’’; 12 (B) in clause (i), by inserting after ‘‘edu13 cation’’ the following: ‘‘or an area career and 14 technical education school’’; 15 (C) in clause (v), by striking ‘‘and’’; 16 (D) by redesignating clause (vi) as clause 17 (viii); 18 (E) by inserting after clause (v) the fol19 lowing: 20 ‘‘(vi) a public library; 21 ‘‘(vii) a local board that meets the re22 quirements of paragraph (4); and’’; and 23 (F) in clause (viii), as so redesignated, by 24 inserting after ‘‘labor organization’’ the folVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01029 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1030. 1030 1 lowing: ‘‘or joint labor-management organiza2 tion’’; 3 (3) by redesignating paragraphs (3) and (4) as 4 paragraphs (5) and (6), respectively; and 5 (4) by inserting after paragraph (2) the fol6 lowing: 7 ‘‘(3) RESPONSIBILITIES.— 8 ‘‘(A) IN GENERAL.—In operating a one9 stop delivery system referred to in subsection 10 (e), a one-stop operator— 11 ‘‘(i) shall— 12 ‘‘(I) manage the physical and vir13 tual infrastructure and operations of 14 the one-stop delivery system in the 15 local area; 16 ‘‘(II) facilitate coordination 17 among the one-stop partners in such 18 one-stop delivery system; and 19 ‘‘(III) take the necessary steps to 20 ensure efficient and effective service 21 delivery for individuals served by the 22 one-stop delivery system, including in23 dividuals with barriers to employment; 24 and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01030 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1031. 1031 1 ‘‘(ii) may, subject to the requirements 2 under subparagraph (B), directly provide 3 services to job seekers and employers. 4 ‘‘(B) INTERNAL CONTROLS.—In a case in 5 which a one-stop operator seeks to operate as a 6 service provider pursuant to subparagraph 7 (A)(ii), the local board shall establish internal 8 controls (which shall include written policies 9 and procedures)— 10 ‘‘(i) with respect to the competition in 11 which the one-stop operator will compete to 12 be selected as such service provider, and 13 the subsequent oversight, monitoring, and 14 evaluation of the performance of such one15 stop operator as such service provider; and 16 ‘‘(ii) which— 17 ‘‘(I) require compliance with— 18 ‘‘(aa) relevant Office of 19 Management and Budget circu20 lars relating to conflicts of inter21 est; and 22 ‘‘(bb) any applicable State 23 conflict of interest policy; and 24 ‘‘(II) prohibit a one-stop operator 25 from developing, managing, or conVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01031 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1032. 1032 1 ducting the competition in which the 2 operator intends to compete to be se3 lected as a service provider. 4 ‘‘(4) LOCAL BOARDS AS ONE-STOP OPERA5 TORS.—Subject to approval from the chief elected 6 official and Governor and in accordance with any 7 other eligibility criteria established by the State, a 8 local board may serve as a one-stop operator, if the 9 local board— 10 ‘‘(A) enters into a written agreement with 11 the chief elected official that clarifies how the 12 local board will carry out the functions and re13 sponsibilities as a one-stop operator in a man14 ner that complies with the appropriate internal 15 controls to prevent any conflicts of interest, 16 which shall include how the local board, while 17 serving as a one-stop operator, will— 18 ‘‘(i) comply with the relevant Office of 19 Management and Budget circulars relating 20 to conflicts of interest; and 21 ‘‘(ii) any applicable State conflict of 22 interest policy; and 23 ‘‘(B) complies with the other applicable re24 quirements of this subsection.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01032 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1033. 1033 1 (d) ONE-STOP DELIVERY.—Section 121(e) of the 2 Workforce Innovation and Opportunity Act (29 U.S.C. 3 3151(e)) is amended— 4 (1) in paragraph (1)— 5 (A) by redesignating subparagraphs (D) 6 and (E) as subparagraphs (E) and (F), respec7 tively; and 8 (B) by inserting after subparagraph (C) 9 the following: 10 ‘‘(D) provide referrals to supportive serv11 ices, to the extent practicable;’’; 12 (2) in paragraph (2)— 13 (A) in subparagraph (A), to read as fol14 lows: 15 ‘‘(A) shall make each of the programs, 16 services (meaning a referral in the case of sup17 portive services, for the purposes of this para18 graph), and activities described in paragraph 19 (1) available— 20 ‘‘(i) at not less than 1 physical or vir21 tual center for each local area of the State, 22 except that, in the case of 1 or more local 23 areas that share at least 1 common border, 24 each such local area may share— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01033 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1034. 1034 1 ‘‘(I) a virtual center if the local 2 area complies with subparagraph (E); 3 or 4 ‘‘(II) a physical center, if such 5 center is located in a location that 6 promotes accessibility to services for 7 individuals residing in all such local 8 areas served by the center; and 9 ‘‘(ii) in a manner that is designed to 10 promote efficiency, coordination, quality, 11 and accessibility for individuals with bar12 riers to employment, as determined by the 13 local board, in the delivery of such pro14 grams, services, and activities;’’; 15 (B) in subparagraph (B)(i), by inserting 16 after ‘‘affiliated sites’’ the following: ‘‘(such as 17 a site of any of the entities described in sub18 section (d)(2)(B))’’; 19 (C) in subparagraph (C)— 20 (i) by inserting after ‘‘centers’’ the 21 following: ‘‘(which may be virtual or phys22 ical centers)’’; and 23 (ii) by striking ‘‘and’’ at the end; 24 (D) in subparagraph (D)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01034 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1035. 1035 1 (i) by striking ‘‘as applicable and 2 practicable, shall’’ and inserting ‘‘in the 3 case of a one-stop delivery system that is 4 making each of the programs, services, and 5 activities described in paragraph (1) acces6 sible at not less than 1 physical center, as 7 described in subparagraph (A)(i)(II), shall, 8 as applicable and practicable,’’; and 9 (ii) by striking the period at the end 10 and inserting ‘‘, and local areas that share 11 at least 1 common border may coordinate 12 in making such programs, services, and ac13 tivities accessible through electronic means 14 through such a one-stop delivery system; 15 and’’; and 16 (E) by inserting after subparagraph (D) 17 the following: 18 ‘‘(E) in the case of a one-stop delivery sys19 tem that is making each of the programs, serv20 ices, and activities accessible through electronic 21 means, as described in subparagraph (A)(i)(I), 22 shall have not fewer than 2 affiliated sites (not 23 fewer than 1 of which will have not fewer than 24 1 professional staff member) with a physical lo25 cation where individuals can access, virtually, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01035 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1036. 1036 1 each of the programs, services, and activities 2 described in paragraph (1) that are virtually ac3 cessible.’’; and 4 (3) in paragraph (4), by inserting after the first 5 sentence the following: ‘‘The system identifier shall 6 be prominently and visibly displayed at each com7 prehensive and specialized one-stop center operated 8 by the one-stop delivery system, including physical 9 and virtual centers identified in paragraph (2)(A), 10 and the sites and centers described in subparagraphs 11 (B) through (E) of paragraph (2).’’. 12 (e) CERTIFICATION AND IMPROVEMENT CRITERIA.— 13 Section 121(g)(2)(A) of the Workforce Innovation and 14 Opportunity Act (29 U.S.C. 3151(g)(2)(A)) is amended 15 by striking ‘‘under subsections (h)(1)’’ and inserting 16 ‘‘under subsections (h)(1)(C)’’. 17 (f) FUNDING OF ONE-STOP INFRASTRUCTURE.—Sec18 tion 121(h) of the Workforce Innovation and Opportunity 19 Act (29 U.S.C. 3151(h)) is amended— 20 (1) by striking paragraph (1); 21 (2) by redesignating paragraphs (2) and (3) as 22 paragraphs (1) and (2), respectively; 23 (3) in paragraph (1), as so redesignated— 24 (A) by amending subparagraph (B) to read 25 as follows: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01036 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1037. 1037 1 ‘‘(B) PARTNER CONTRIBUTIONS.—Subject 2 to subparagraph (D), the covered portions of 3 funding for a fiscal year shall be provided to 4 the Governor from the programs described in 5 subsection (b)(1) to pay the costs of infrastruc6 ture of one-stop centers in local areas of the 7 State.’’; 8 (B) in subparagraph (C)(i)— 9 (i) by striking ‘‘for funding pursuant 10 to clause (i)(II) or (ii) of paragraph (1)(A) 11 by each partner,’’; and 12 (ii) by striking the third sentence; and 13 (C) in subparagraph (D)— 14 (i) in clause (ii), by striking ‘‘For 15 local areas in a State that are not covered 16 by paragraph (1)(A)(i)(I), the’’ and insert17 ing ‘‘The’’; 18 (ii) in clause (ii)— 19 (I) in subclause (I)— 20 (aa) by striking ‘‘WIA’’ in 21 the header and inserting 22 ‘‘WIOA’’; and 23 (bb) by striking ‘‘3 percent’’ 24 and inserting ‘‘5 percent’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01037 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1038. 1038 1 (II) by striking subclause (III) 2 and inserting the following: 3 ‘‘(III) VOCATIONAL REHABILITA4 TION.—Notwithstanding subclauses 5 (I) and (II), an entity administering a 6 program described in subsection 7 (b)(1)(B)(iii) shall not be required to 8 provide from that program, under this 9 paragraph, a portion that exceeds 1.5 10 percent of the amount of Federal 11 funds provided to carry out such pro12 gram in the State for a program 13 year.’’; and 14 (iii) in clause (iii), by striking ‘‘For 15 local areas in a State that are not covered 16 by paragraph (1)(A)(i)(I), an’’ and insert17 ing ‘‘An’’; 18 (4) in paragraph (2), as so redesignated— 19 (A) in subparagraph (A), by striking ‘‘pur20 poses of assisting in’’ and inserting ‘‘purpose 21 of’’; and 22 (B) in subparagraph (B)— 23 (i) in the first sentence, by striking 24 ‘‘not funding costs of infrastructure under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01038 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1039. 1039 1 the option described in paragraph 2 (1)(A)(i)(I)’’; and 3 (ii) in the second sentence, by insert4 ing after ‘‘local area,’’ the following: ‘‘the 5 intensity of services provided by such cen6 ters, the number and types of one-stop 7 partners engaged by or providing services 8 through such centers’’; 9 (5) by inserting after paragraph (2), as so re10 designated, the following: 11 ‘‘(3) SUPPLEMENTAL INFRASTRUCTURE FUND12 ING.—For any fiscal year in which the allocation re13 ceived by a local area under paragraph (2) is insuffi14 cient to cover the total costs of infrastructure of 15 one-stop centers in such local area, the local board, 16 the chief elected official, and the one-stop partners 17 that have entered into the local memorandum of un18 derstanding with the local board under subsection 19 (c) may agree to fund the remainder of any such 20 costs using a method described in such memo21 randum.’’; and 22 (6) in paragraph (4), by inserting after ‘‘oper23 ation of the one-stop center’’ the following: ‘‘(wheth24 er for in-person or virtual service delivery)’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01039 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1040. 1040 1 (g) OTHER FUNDS.—Section 121(i)(2) of the Work2 force Innovation and Opportunity Act (29 U.S.C. 3 3151(i)(2)) is amended by striking ‘‘intake,’’ and all that 4 follows through ‘‘skills,’’ and inserting ‘‘intake, case man5 agement, assessment of needs, appraisal of foundational 6 skill needs,’’. 7 SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 8 TRAINING SERVICES. 9 (a) IN GENERAL.—Section 122 of the Workforce In10 novation and Opportunity Act (29 U.S.C. 3152) is amend11 ed— 12 (1) by redesignating subsections (f) through (i) 13 as subsections (g) through (j), respectively; 14 (2) by striking the section heading and all that 15 follows through subsection (e) and inserting the fol16 lowing: 17 ‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 18 TRAINING SERVICES. 19 ‘‘(a) ELIGIBILITY.— 20 ‘‘(1) IN GENERAL.—Except as provided in sub21 section (i), the Governor, after consultation with the 22 State board and considering the State’s adjusted lev23 els of performance described in section 24 116(b)(3)(A)(iv), shall establish— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01040 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1041. 1041 1 ‘‘(A) procedures regarding the eligibility of 2 providers of training services to receive funds 3 provided under section 133(b) for the provision 4 of training services through programs with eli5 gibility under this section (in this section re6 ferred to as ‘eligible programs’) in local areas in 7 the State; and 8 ‘‘(B) the minimum levels of performance 9 on the criteria for a program to receive such eli10 gibility. 11 ‘‘(2) PROVIDERS.—Subject to the provisions of 12 this section, to be eligible to receive those funds for 13 the provision of training services, the provider shall 14 be— 15 ‘‘(A) an institution of higher education 16 that provides a program that leads to a recog17 nized postsecondary credential; 18 ‘‘(B) an entity that carries out programs 19 registered under the Act of August 16, 1937 20 (commonly known as the ‘National Apprentice21 ship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 22 50 et seq.); or 23 ‘‘(C) another public or private provider of 24 a program of training services, which may in25 clude joint labor-management organizations, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01041 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1042. 1042 1 providers of entrepreneurial skills development 2 programs, industry or sector partnerships, 3 groups of employers, trade or professional asso4 ciations, and eligible providers of adult edu5 cation and literacy activities under title II (if 6 such activities are provided in combination with 7 occupational skills training or integrated edu8 cation and training programs). 9 ‘‘(3) INCLUSION IN LIST OF ELIGIBLE PRO10 VIDERS.—A provider described in subparagraph (A) 11 or (C) of paragraph (2) shall comply with the cri12 teria, information requirements, and procedures es13 tablished under this section to be included on the list 14 of eligible providers of training services described in 15 subsection (d). A provider described in paragraph 16 (2)(B) shall be included and maintained on the list 17 of eligible providers of training services described in 18 subsection (d) for so long as the corresponding pro19 gram of the provider remains registered as described 20 in paragraph (2)(B). 21 ‘‘(b) CRITERIA AND INFORMATION REQUIRE22 MENTS.— 23 ‘‘(1) GENERAL CRITERIA FOR PROGRAMS.— 24 Each provider shall demonstrate to the Governor VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01042 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1043. 1043 1 that the program for which the provider is seeking 2 eligibility under this section— 3 ‘‘(A) prepares participants to meet the hir4 ing requirements of potential employers in the 5 State, or a local area within the State, for em6 ployment that— 7 ‘‘(i) is high-skill and high-wage; or 8 ‘‘(ii) is in an in-demand industry sec9 tor or occupation; 10 ‘‘(B) leads to a recognized postsecondary 11 credential; 12 ‘‘(C) has been offered by the provider for 13 not less than 1 year; and 14 ‘‘(D) meets the performance requirements 15 for eligibility described in paragraph (2). 16 ‘‘(2) PERFORMANCE CRITERIA FOR ELIGI17 BILITY.— 18 ‘‘(A) IN GENERAL.—The Governor shall— 19 ‘‘(i) establish and publicize minimum 20 levels of performance for each of the cri21 teria listed in subparagraph (B) that a 22 program offered by a provider of training 23 services shall achieve, for all participants 24 in the program (including participants for 25 whom the provider receives payments VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01043 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1044. 1044 1 under this title) for the program to receive 2 and maintain eligibility under this section; 3 ‘‘(ii) verify the performance achieved 4 by such a program with respect to each 5 such criterion to determine whether the 6 program meets the corresponding min7 imum level of performance established 8 under clause (i)— 9 ‘‘(I) in the case of the criteria de10 scribed in (ii) through (iv) of subpara11 graph (B), using State administrative 12 data (such as quarterly wage records); 13 and 14 ‘‘(II) in the case of the criteria 15 described in subparagraph (B)(i), 16 using any applicable method for such 17 verification; and 18 ‘‘(iii) in verifying the performance 19 achievement of a program to make such 20 determination, verify that such program 21 included a sufficient number of program 22 participants to protect participants’ per23 sonally identifiable information, and to 24 provide information that is a reliable indi25 cator of performance achievement. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01044 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1045. 1045 1 ‘‘(B) PERFORMANCE CRITERIA.—The per2 formance criteria to receive and maintain eligi3 bility for a program under this section are each 4 of the following: 5 ‘‘(i) The credential attainment rate of 6 program participants (calculated as the 7 percentage of program participants who 8 obtain the recognized postsecondary cre9 dential that the program prepares partici10 pants to earn within 6 months after exit 11 from the program). 12 ‘‘(ii) The job placement rate of pro13 gram participants (calculated as the per14 centage of program participants in unsub15 sidized employment during the second 16 quarter after exit from the program). 17 ‘‘(iii) The median earnings of program 18 participants who are in unsubsidized em19 ployment during the second quarter after 20 exit from the program. 21 ‘‘(iv) The ratio of median earnings in22 crease to the total cost of program, cal23 culated as the ratio of— 24 ‘‘(I) the median value of the dif25 ference between— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01045 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1046. 1046 1 ‘‘(aa) participant wages 2 from unsubsidized employment 3 during the second quarter after 4 program exit; and 5 ‘‘(bb) participant wages dur6 ing the quarter prior to entering 7 the program; to 8 ‘‘(II) the total cost of the pro9 gram (as described in paragraph 10 (5)(B)(i)(III)). 11 ‘‘(C) LOCAL CRITERIA.—With respect to 12 any program receiving eligibility under this sec13 tion from a Governor, a local board in the State 14 may require higher levels of performance than 15 the minimum levels of performance established 16 by the Governor under this paragraph for the 17 program to be an eligible program in the cor18 responding local area, but may not— 19 ‘‘(i) require any information or appli20 cation from the provider that is not re21 quired for such eligibility; or 22 ‘‘(ii) establish a performance require23 ment with respect to any criterion not list24 ed in subparagraph (B). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01046 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1047. 1047 1 ‘‘(3) EMPLOYER-SPONSORED OR INDUSTRY OR 2 SECTORAL PARTNERSHIP DESIGNATION.— 3 ‘‘(A) IN GENERAL.—The Governor shall 4 establish procedures and criteria for a provider 5 to demonstrate that a program meets, in apply6 ing for an employer-sponsored designation for a 7 program that has received eligibility under this 8 subsection, which shall include demonstrating a 9 commitment from an employer or an industry 10 or sectoral partnership to— 11 ‘‘(i) pay to the provider, on behalf of 12 each participant enrolled in such program 13 under this Act, not less than 25 percent of 14 the total cost of the program (as described 15 in paragraph (5)(B)(i)(III)), which shall be 16 provided in lieu of 25 percent of the 17 amount that the provider would have oth18 erwise received under section 133(b) for 19 the provision of training services by such 20 program to such participant; and 21 ‘‘(ii) guarantee an interview and 22 meaningful consideration for a job with the 23 employer, or in the case of an industry or 24 sector partnership, an employer within VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01047 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1048. 1048 1 such partnership, for each such participant 2 that successfully completes the program. 3 ‘‘(B) RESTRICTION ON FINANCIAL AR4 RANGEMENT.—A provider of a program receiv5 ing an employer-sponsored designation under 6 this paragraph may not— 7 ‘‘(i) have an ownership stake in the 8 employer or industry or sectoral partner9 ship making a commitment described in 10 subparagraph (A); or 11 ‘‘(ii) enter into an arrangement to re12 imburse an employer or partnership for the 13 costs of a participant paid by such em14 ployer or partnership under this para15 graph. 16 ‘‘(4) WORKFORCE INNOVATION LEADER DES17 IGNATION.— 18 ‘‘(A) IN GENERAL.—If the Governor deter19 mines that a program offered by an eligible pro20 vider meets the minimum levels of performance 21 described in subparagraph (B) to receive a 22 Workforce Innovation Leader (or WIL) des23 ignation, which designates the program as a 24 WIL program, the Governor shall grant the 25 program designation as a WIL program and inVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01048 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1049. 1049 1 form the provider of such program of their abil2 ity to display the WIL seal, as described in sub3 paragraph (C), in marketing materials. 4 ‘‘(B) LEVELS.—A eligible program shall 5 meet the levels of performance to receive a WIL 6 designation if such program has achieved— 7 ‘‘(i) a credential attainment rate of 8 program participants (calculated as the 9 percentage of program participants who 10 obtain the recognized postsecondary cre11 dential that the program prepares partici12 pants to earn within 6 months after exit 13 from the program) of not less than 80 per14 cent; 15 ‘‘(ii) a job placement rate of program 16 participants (calculated as the percentage 17 of program participants in unsubsidized 18 employment during the second quarter 19 after exit from the program) of not less 20 than 70 percent; 21 ‘‘(iii) median earnings of program 22 participants who are in unsubsidized em23 ployment during the second quarter after 24 exit from the program that are not less 25 than 25 percent greater than the StateVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01049 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1050. 1050 1 level median earnings of individuals ages 2 25 through 34 in the labor force who have 3 only a regular high school diploma or its 4 recognized equivalent; and 5 ‘‘(iv) a ratio of greater than 1.5 of 6 median earnings increase to the total cost 7 of program, calculated as the ratio of— 8 ‘‘(I) the median value of the dif9 ference between— 10 ‘‘(aa) participant wages 11 from unsubsidized employment 12 during the second quarter after 13 program exit; and 14 ‘‘(bb) participant wages dur15 ing the quarter prior to entering 16 the program; to 17 ‘‘(II) the total cost of the pro18 gram (as described in paragraph 19 (5)(B)(i)(III)). 20 ‘‘(C) WIL SEAL.—Not later than 2 years 21 after the date of enactment of the A Stronger 22 Workforce for America Act, the Secretary shall 23 design a seal signifying that a program has 24 achieved a WIL designation, for the Governor 25 of each State to provide to any programs in VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01050 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1051. 1051 1 their State that achieve the performance nec2 essary to receive a WIL designation. 3 ‘‘(D) LOSS OF WIL DESIGNATION.—If, dur4 ing the annual review of eligibility described in 5 subsection (c)(3), the Governor determines that 6 a WIL program no longer meets the levels de7 scribed in subparagraph (B) or otherwise has 8 eligibility under this section revoked or termi9 nated, or the provider of the program has eligi10 bility terminated under subsection (g)(1)(A), 11 the Governor shall revoke the program’s WIL 12 designation and inform the provider of such 13 program that such provider may no longer dis14 play the WIL seal in marketing materials or 15 otherwise. 16 ‘‘(5) INFORMATION REQUIREMENTS.—A pro17 vider that seeks to establish eligibility under this 18 section, and an eligible provider, shall submit appro19 priate, accurate, and timely information to the Gov20 ernor, to enable the Governor to carry out sub21 section (d), with respect to all participants in each 22 eligible program (including participants for whom 23 the provider receives payments under this title) of24 fered by the provider, which information shall— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01051 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1052. 1052 1 ‘‘(A) be made available by the State in a 2 common, linked, open, and interoperable data 3 format; and 4 ‘‘(B) consist of— 5 ‘‘(i) information on— 6 ‘‘(I) in the case of an eligible pro7 vider offering a program who is seek8 ing to maintain eligibility, the per9 formance of the program with respect 10 to the indicators described in section 11 116(b)(2)(A) for participants in the 12 program; 13 ‘‘(II) the recognized postsec14 ondary credentials received by such 15 participants, including, in relation to 16 each such credential, the issuing enti17 ty, any third-party endorsements, the 18 occupations for which the credential 19 prepares individuals, the competencies 20 achieved by the individuals, the level 21 of mastery of such competencies (in22 cluding how mastery is assessed) 23 achieved by the individuals, and any 24 transfer value or stackability; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01052 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1053. 1053 1 ‘‘(III) the total cost of the pro2 gram, including the costs of the pub3 lished tuition and fees, supplies, and 4 books, and any other costs required 5 by the provider, for a participant in 6 the program; 7 ‘‘(IV) the percentage of such par8 ticipants that complete the program 9 within the expected time to comple10 tion; and 11 ‘‘(V) the program’s level of per12 formance on the criteria described in 13 paragraph (2) and not otherwise in14 cluded in clause (I) of this clause; and 15 ‘‘(ii) with respect to employment and 16 earnings measures described in subclauses 17 (I) through (III) of section 116(b)(2)(A)(i) 18 and the performance criteria described in 19 subsection (b)(2) for such participants— 20 ‘‘(I) the necessary information 21 for the State to develop program per22 formance data using State adminis23 trative data (such as quarterly wage 24 records); and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01053 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1054. 1054 1 ‘‘(II) the necessary information 2 to determine the percentage of such 3 participants who entered unsubsidized 4 employment in an occupation related 5 to the program, to the extent prac6 ticable. 7 ‘‘(6) ELIGIBLE PROVIDER.—In this section, 8 other than subsection (i), a provider of an eligible 9 program under this section shall be considered to be 10 identified as an eligible provider of training services. 11 ‘‘(c) PROCEDURES.— 12 ‘‘(1) APPLICATION PROCEDURES.—The proce13 dures established under subsection (a) shall identify 14 the application process for a provider of training 15 services (for a program offered by the provider) to 16 become eligible to receive funds provided under sec17 tion 133(b) for the provision of training services. 18 That process shall be implemented in a manner that 19 minimizes the financial and administrative burden 20 on the provider and shall not require the submission 21 of information in excess of the information required 22 to determine a program’s eligibility under para23 graphs (1), (2), and (5) of subsection (b). The pro24 cedures shall identify the respective roles of the 25 State and local areas in receiving and reviewing the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01054 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1055. 1055 1 applications and in making determinations of such 2 eligibility based on the criteria, information require3 ments, and procedures established under this sec4 tion. The procedures shall also establish a process, 5 for a provider of training services to appeal a denial 6 or revocation or termination of eligibility under this 7 section, that includes an opportunity for a hearing 8 and prescribes appropriate time limits to ensure 9 prompt resolution of the appeal. 10 ‘‘(2) APPROVAL.—A Governor shall make a de11 termination of such eligibility with respect to a pro12 gram for which the provider is seeking eligibility 13 under this section not later than 30 days after re14 ceipt of an application submitted by such provider 15 consistent with the procedures in paragraph (1). 16 ‘‘(3) RENEWAL PROCEDURES.—The procedures 17 established by the Governor shall also provide for 18 annual review and renewal of eligibility under this 19 section for a program of training services that con20 tinues to meet the requirements under paragraphs 21 (1), (2), and (5) of subsection (b). 22 ‘‘(4) REVOCATION OF ELIGIBILITY.—The proce23 dures established under subsection (a) shall adhere 24 to the following requirements for revocation of eligi25 bility by the Governor: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01055 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1056. 1056 1 ‘‘(A) FAILURE TO PROVIDE REQUIRED IN2 FORMATION.—With respect to a provider of 3 training services that is eligible under this sec4 tion for a program year with respect to an eligi5 ble program, but that does not provide the in6 formation described in subsection (b)(5) with 7 respect to such program for such program year 8 (including information on performance nec9 essary to determine if the program meets the 10 minimum levels of performance on the perform11 ance criteria to maintain eligibility), the pro12 vider shall be ineligible under this section with 13 respect to such program for the program year 14 after the program year for which the provider 15 fails to provide such information. 16 ‘‘(B) FAILURE TO MEET PERFORMANCE 17 CRITERIA.— 18 ‘‘(i) FIRST YEAR.—The provider of an 19 eligible program that has received eligi20 bility under subsection (c)(2) for a pro21 gram year but fails to meet the minimum 22 levels of performance on the performance 23 criteria described in subsection (b)(2) for 24 the most recent program year for which 25 performance data on such criteria are VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01056 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1057. 1057 1 available shall be notified of such failure by 2 the Governor. 3 ‘‘(ii) SECOND CONSECUTIVE YEAR.—A 4 program that fails to meet the minimum 5 levels of performance for a second consecu6 tive program year shall be ineligible under 7 this section with respect to such program 8 for the program year following such second 9 consecutive program year and until the 10 program meets the minimum levels of per11 formance. 12 ‘‘(iii) REAPPLICATION.—A provider 13 that loses eligibility under this subpara14 graph with respect to a program may re15 apply to receive eligibility for the program 16 according to the procedures described in 17 this subparagraph if the program meets 18 the minimum levels of performance de19 scribed in clause (i), for the most recent 20 program year for which performance data 21 on the performance criteria are available. 22 ‘‘(C) REPEATED FAILURE.—A program for 23 which the Governor revokes eligibility under 24 subparagraph (A) or (B)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01057 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1058. 1058 1 ‘‘(i) 2 times shall be determined ineli2 gible under this section by the Governor 3 for a period of at least 2 years; 4 ‘‘(ii) 3 times shall be determined ineli5 gible under the section by the Governor for 6 a period of at least 5 years; and 7 ‘‘(iii) more than 3 times shall be de8 termined ineligible under this section by 9 the Governor for a period of at least 10 10 years. 11 ‘‘(5) CONTINUITY OF TRAINING SERVICES.—A 12 provider of a program for which the Governor re13 vokes eligibility under paragraph (4) shall— 14 ‘‘(A) be prohibited from enrolling any new 15 participants whose participation would be fund16 ed under section 133(b) in the program and 17 from receiving any payments from funds pro18 vided under section 133(b) for any participants 19 not already enrolled in the program on the date 20 of revocation or termination until and unless 21 the Governor determines that the provider has 22 demonstrated that the program offered by the 23 provider has met the requirements for the pro24 vider to gain the opportunity to reapply for eliVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01058 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1059. 1059 1 gibility under the procedure described in para2 graph (4)(B)(iii); and 3 ‘‘(B) enable each participant currently en4 rolled in the program, on the date of the rev5 ocation or termination, to complete such pro6 gram. 7 ‘‘(6) NOTIFICATION OF PROGRAM LOSS OF ELI8 GIBILITY.—The local board serving participants 9 whose participation is funded under section 133(b) 10 in a program for which eligibility is revoked by the 11 Governor under this subsection shall notify such par12 ticipants that such program no longer meets the 13 State’s requirements for eligible providers of train14 ing services under this Act and that the participant 15 has the opportunity to continue receiving training 16 services from such program, in order to complete the 17 program. 18 ‘‘(7) MULTISTATE PROVIDERS.—The proce19 dures established under subsection (a) shall specify 20 the process for any provider of training services of21 fering a program that is eligible under this section 22 in a first State to establish eligibility under this sec23 tion in an additional State, which shall, to the extent 24 practicable, minimize financial and administrative 25 burdens on any such provider by authorizing the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01059 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1060. 1060 1 provider to submit the same application materials 2 and information to the Governor of the additional 3 State that was accepted by the Governor granting 4 the provider’s eligibility in the first State, as long as 5 the program meets the applicable State requirements 6 for such eligibility established under subsection (b). 7 ‘‘(8) ONLINE PROVIDERS.—The procedures es8 tablished under subsection (a) shall apply to a pro9 vider that delivers training services exclusively on10 line. If a participant chooses a provider that delivers 11 training services exclusively online and is not located 12 in the State of the local area that approved such 13 training services for the participant in accordance 14 with section 133(c)(3)(A)(i), such provider shall be 15 ineligible to receive payment for such participant 16 from funds allotted to such State under section 132 17 unless such provider is on the list of eligible pro18 viders of training services described in subsection (d) 19 for such State with respect to the program involved. 20 ‘‘(d) LIST AND INFORMATION TO ASSIST PARTICI21 PANTS IN CHOOSING PROVIDERS.— 22 ‘‘(1) IN GENERAL.—In order to facilitate and 23 assist participants in choosing employment and 24 training activities and in choosing providers of train25 ing services, the Governor shall ensure that an apVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01060 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1061. 1061 1 propriate list of providers determined to be eligible 2 under this section to offer a program in the State 3 (and, as appropriate, in a local area), accompanied 4 by information identifying the recognized postsec5 ondary credential offered by the provider and other 6 appropriate information, is prepared. The list shall 7 be provided to the local boards in the State, and 8 made available to such participants and to members 9 of the public through the one-stop delivery system in 10 the State in accordance with paragraph (4). 11 ‘‘(2) CREDENTIAL NAVIGATION FEATURE.— 12 ‘‘(A) IN GENERAL.—In order to enhance 13 the ability of participants and employers to un14 derstand and compare the value of the recog15 nized postsecondary credentials awarded by eli16 gible programs offered by providers of training 17 services in a State, the Governor shall establish 18 (or develop in partnership with other States), a 19 credential navigation feature that allows partici20 pants and the public to search a list of such 21 recognized postsecondary credentials, and the 22 providers awarding and programs leading to 23 such a credential, which shall include, with re24 spect to each such credential (aggregated for all 25 participants in the State that have received VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01061 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1062. 1062 1 such credential through an eligible program 2 under this section or through, as applicable, an3 other program carried out under this title)— 4 ‘‘(i) the information required under 5 subsection (b)(5)(B)(i)(II); and 6 ‘‘(ii) the performance of participants 7 with respect to the indicators (relating to 8 employment and earnings outcomes) de9 scribed in subclauses (I) through (III) of 10 section 116(b)(2)(i). 11 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 12 in this paragraph shall be construed to require 13 a State that has a credential navigation feature 14 that permits a search of a list containing the 15 information described in this paragraph to re16 place such credential navigation feature with 17 the feature described in subparagraph (A). 18 ‘‘(3) ACCOMPANYING INFORMATION.—The ac19 companying information referred to in paragraph (1) 20 shall consist of— 21 ‘‘(A) with respect to providers described in 22 subparagraphs (A) and (C) of subsection (a)(2), 23 information provided by such providers 24 (disaggregated by local areas served, as applica25 ble) in accordance with subsection (b); VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01062 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1063. 1063 1 ‘‘(B) with respect to a program described 2 in subsection (b)(3) that is offered by a pro3 vider, information promoting the program as 4 having an employer-sponsored designation and 5 identifying the employer or partnership spon6 soring the program; and 7 ‘‘(C) with respect to a program described 8 in subsection (b)(4) that is offered by a pro9 vider, information promoting the program as 10 being a WIL program and displaying the seal 11 described in subsection (b)(4)(C). 12 ‘‘(4) AVAILABILITY.—The list (including the 13 credential navigation feature described in paragraph 14 (2)), and the accompanying information shall be 15 made available to participants and to members of 16 the public through the one-stop delivery system in 17 the State— 18 ‘‘(A) on a publicly accessible website 19 that— 20 ‘‘(i) is consumer-tested; and 21 ‘‘(ii) is searchable, easily understand22 able, and navigable, and allows for the 23 comparison of eligible programs through 24 the use of language in a common, linked, 25 open, and interoperable data format; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01063 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1064. 1064 1 ‘‘(B) in a manner that does not reveal per2 sonally identifiable information about an indi3 vidual participant. 4 ‘‘(5) WEBSITE TECHNICAL ASSISTANCE.—The 5 Secretary shall— 6 ‘‘(A) upon request, provide technical assist7 ance to a State on establishing a website that 8 meets the requirements of paragraph (4); and 9 ‘‘(B) disseminate to each State effective 10 practices or resources from States and private 11 sector entities related to establishing a website 12 that is consumer-tested to ensure that the 13 website is searchable, easily understandable, 14 and navigable. 15 ‘‘(6) LIMITATION.—In carrying out the require16 ments of this subsection, no personally identifiable 17 information regarding a student, including a Social 18 Security number, student identification number, or 19 other identifier, may be disclosed without the prior 20 written consent of the student or student’s parent in 21 compliance with section 444 of the General Edu22 cation Provisions Act (20 U.S.C. 1232g). 23 ‘‘(e) OPPORTUNITY TO SUBMIT COMMENTS.—In es24 tablishing, under this section, criteria, procedures, and the 25 list of eligible providers described in subsection (d), the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01064 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1065. 1065 1 Governor shall provide an opportunity for interested mem2 bers of the public to make recommendations and submit 3 comments regarding such criteria, procedures, and list. 4 ‘‘(f) PROVIDER PERFORMANCE INCENTIVES.— 5 ‘‘(1) IN GENERAL.—The Governor shall estab6 lish a system of performance incentive payments to 7 be awarded to eligible providers in addition to the 8 amount paid under section 133(b) to such providers 9 for the provision of training services to participants 10 of eligible programs. Such system of performance in11 centive payments may be established to award the 12 payments to providers of eligible programs that— 13 ‘‘(A) achieve levels of performance above 14 the minimum levels established by the Governor 15 under subsection (b)(2); 16 ‘‘(B) serve a significantly higher number of 17 individuals with barriers to employment com18 pared to training providers offering similar 19 training services; or 20 ‘‘(C) achieve other performance successes, 21 including those related to jobs that provide eco22 nomic stability and upward mobility (such as 23 jobs with high wages and family sustainable 24 benefits) as determined by the State or the 25 local board. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01065 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1066. 1066 1 ‘‘(2) INCENTIVE PAYMENTS.—Incentive pay2 ments to providers established under paragraph (1) 3 shall be awarded to eligible providers from funds re4 served by the Governor under section 128(a)(1), ex5 cept that not more than 5 percent of the funds re6 served by the Governor under section 128(a)(1) may 7 be used for such payments.’’; 8 (3) by striking subsections (i) and (j) and in9 serting the following: 10 ‘‘(i) ON-THE-JOB TRAINING, EMPLOYER-DIRECTED 11 SKILLS DEVELOPMENT, INCUMBENT WORKER TRAINING, 12 AND OTHER TRAINING EXCEPTIONS.— 13 ‘‘(1) IN GENERAL.—Providers of on-the-job 14 training, employer-directed skills development, in15 cumbent worker training, internships, paid or un16 paid work experience opportunities, or transitional 17 employment shall not be subject to the requirements 18 of subsections (a) through (f). 19 ‘‘(2) COLLECTION AND DISSEMINATION OF IN20 FORMATION.—A one-stop operator in a local area 21 shall collect the minimum amount of information 22 from providers of on-the-job training, employer-di23 rected skills development, incumbent worker train24 ing, internships, paid or unpaid work experience op25 portunities, and transitional employment as necVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01066 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1067. 1067 1 essary to enable the use of State administrative data 2 to generate such performance information as the 3 Governor may require, and use the information to 4 determine whether the providers meet such perform5 ance criteria as the Governor may require. The one6 stop operator shall disseminate information identi7 fying such providers that meet the criteria as eligible 8 providers, and the performance information, through 9 the one-stop delivery system. Providers determined 10 to meet the criteria shall be considered to be identi11 fied as eligible providers of training services. 12 ‘‘(j) TECHNICAL ASSISTANCE.—The Governor may 13 apply to the Secretary for technical assistance, as de14 scribed in section 168(c), for purposes of carrying out the 15 requirements of the amendments made by the A Stronger 16 Workforce for America Act to this section, and the Sec17 retary shall provide such technical assistance in a timely 18 manner.’’. 19 (b) REPORT TO CONGRESS ON STATE PERFORMANCE 20 CRITERIA.—Not later than 4 years after the date of enact21 ment of the A Stronger Workforce for America Act, the 22 Secretary shall submit a report to the Committee on Edu23 cation and the Workforce of the House of Representatives 24 and the Committee on Health, Education, Labor, and 25 Pensions of the Senate on eligible providers of training VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01067 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1068. 1068 1 services under section 122 of the Workforce Innovation 2 and Opportunity Act (29 U.S.C. 3152), as amended by 3 this division, in each State that shall include— 4 (1) the minimum levels of performance estab5 lished by the Governor of each State with respect to 6 the performance criteria under subsection (b)(2) of 7 that section 122 for such eligible providers of train8 ing services in the State; 9 (2) the number of such eligible providers of 10 training services in the State in each program year 11 that begins after the date of enactment of this Act, 12 compared with the number of such providers in the 13 State in the program year that began immediately 14 preceding that date of enactment; and 15 (3) the average length of time that such eligible 16 providers of training services in the State maintain 17 eligibility, disaggregated by the type of entity that 18 provided the training services. 19 SEC. 123. ELIGIBLE PROVIDERS OF YOUTH WORKFORCE IN20 VESTMENT ACTIVITIES. 21 Section 123(a) of the Workforce Innovation and Op22 portunity Act (29 U.S.C. 3153(a)) is amended by insert23 ing ‘‘, which may include providers of pre-apprenticeship 24 programs, and apprenticeship programs, that serve 25 youth,’’ before ‘‘identified based’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01068 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1069. 1069 1 CHAPTER 2—YOUTH WORKFORCE 2 INVESTMENT ACTIVITIES 3 SEC. 131. RESERVATIONS; REALLOCATION. 4 (a) RESERVATIONS FOR STATEWIDE ACTIVITIES.— 5 Section 128(a) of the Workforce Innovation and Oppor6 tunity Act (29 U.S.C. 3163(a)) is amended— 7 (1) in paragraph (2), by striking ‘‘reserved 8 amounts’’ in each place and inserting ‘‘reserved 9 amounts required under paragraph (1)’’; and 10 (2) by adding at the end the following: 11 ‘‘(3) CRITICAL INDUSTRY SKILLS FUND, AND 12 INDUSTRY SECTOR PARTNERSHIP AND CAREER 13 PATHWAYS DEVELOPMENT FUND.— 14 ‘‘(A) AUTHORIZED RESERVATION.—In ad15 dition to the reservations required under para16 graph (1) and section 133(a)(2), and subject to 17 subparagraph (B), the Governor may reserve 18 not more than 10 percent of each of the 19 amounts allotted to the State under section 20 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) 21 of section 132(b) for a fiscal year to establish 22 and administer any one, or both, of the fol23 lowing: 24 ‘‘(i) A critical industry skills fund de25 scribed in section 134(a)(4). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01069 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1070. 1070 1 ‘‘(ii) An industry or sector partner2 ship and career pathways development 3 fund described in section 134(a)(5). 4 ‘‘(B) MATCHING FUNDS.— 5 ‘‘(i) REQUIREMENT.—The amount of 6 funds reserved by a Governor under sub7 paragraph (A) for a fiscal year may not ex8 ceed the amount of funds that such Gov9 ernor commits to using from any of the 10 funds listed in clause (ii) of this subpara11 graph for the purposes of establishing and 12 administering the funds described in 13 clauses (i) and (ii) of subparagraph (A) for 14 such fiscal year. 15 ‘‘(ii) SOURCES OF MATCHING 16 FUNDS.—The funds listed in this clause 17 are as follows: 18 ‘‘(I) Funds reserved by the Gov19 ernor under paragraph (1) of this 20 subsection. 21 ‘‘(II) Other Federal funds not 22 described in subclause (I). 23 ‘‘(III) State funds.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01070 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1071. 1071 1 (b) REALLOCATION AMONG LOCAL AREAS.—Section 2 128(c) of the Workforce Innovation and Opportunity Act 3 (29 U.S.C. 3173(c)) is amended— 4 (1) in paragraph (1), by inserting the following 5 before the period at the end: ‘‘as performance-based 6 incentive payments’’; and 7 (2) in paragraph (4)— 8 (A) by striking ‘‘that does not’’ and insert9 ing the following: ‘‘that— 10 ‘‘(A) does not’’; 11 (B) by striking the period at the end and 12 inserting a semicolon; and 13 (C) by adding at the end the following: 14 ‘‘(B) has met or exceeded an average of 15 100 percent of the local level of performance 16 described in section 116(c)(1)(B) for the local 17 area across all indicators for the youth program 18 authorized under this chapter for the most re19 cent program year for which performance data 20 is available; and 21 ‘‘(C) was not subject to corrective action 22 by the Governor under section 184(a)(5)(A) for 23 a determination of non-compliance with the uni24 form administrative requirements described in 25 section 184(a)(3) for the program year for VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01071 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1072. 1072 1 which the determination under paragraph (2) is 2 made.’’. 3 SEC. 132. USE OF FUNDS FOR YOUTH WORKFORCE INVEST4 MENT ACTIVITIES. 5 (a) OPPORTUNITY YOUTH.—Section 129 of the 6 Workforce Innovation and Opportunity Act (29 U.S.C. 7 3164) is amended by striking ‘‘out-of-school’’ each place 8 it appears and inserting ‘‘opportunity’’. 9 (b) YOUTH PARTICIPANT ELIGIBILITY.— 10 (1) ELIGIBILITY DETERMINATION.— 11 (A) ELIGIBILITY.—Subparagraph (A) of 12 section 129(a)(1) of the Workforce Innovation 13 and Opportunity Act (29 U.S.C. 3164(a)(1)) is 14 amended to read as follows: 15 ‘‘(A) ELIGIBILITY DETERMINATION.— 16 ‘‘(i) IN GENERAL.—To be eligible to 17 participate in activities carried out under 18 this chapter during any program year, an 19 individual shall, at the time the eligibility 20 determination is made, be an opportunity 21 youth or an in-school youth. 22 ‘‘(ii) ENROLLMENT.—If a one-stop 23 operator or eligible provider of youth work24 force activities carrying out activities under 25 this chapter reasonably believes that an inVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01072 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1073. 1073 1 dividual is eligible to participate in such 2 activities, the operator or provider may 3 allow such individual to participate in such 4 activities for not more than a 40-day pe5 riod during which the operator or provider 6 shall obtain the necessary information to 7 make an eligibility determination with re8 spect to such individual (which may involve 9 working with such individual and other en10 tities in the local area, and using available 11 sources of administrative data, to obtain 12 the necessary information). 13 ‘‘(iii) DETERMINATION OF INELIGI14 BILITY.—With respect to an individual who 15 is determined to be ineligible for activities 16 under this chapter by a one-stop operator 17 or an eligible provider of youth workforce 18 activities during the period described in 19 clause (ii) and who does not qualify for an 20 exception under paragraph (3)(A)(ii) appli21 cable to the local area involved, such oper22 ator or service provider— 23 ‘‘(I) may— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01073 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1074. 1074 1 ‘‘(aa) continue serving such 2 individual using non-Federal 3 funds; or 4 ‘‘(bb) end the participation 5 of such individual in activities 6 under this chapter and refer the 7 individual to other services that 8 may be available in the local area 9 for which the individual may be 10 eligible; and 11 ‘‘(II) shall be paid for any serv12 ices provided to such individual under 13 this chapter during the period de14 scribed in clause (ii) by the local area 15 involved using funds allocated to such 16 area under section 128(b). 17 ‘‘(iv) DETERMINATION PROCESS FOR 18 YOUTH EXPERIENCING HOMELESSNESS 19 AND FOSTER YOUTH.—In determining 20 whether an individual is eligible to partici21 pate in activities carried out under this 22 chapter on the basis of being an individual 23 who is a youth experiencing homelessness, 24 or a youth in foster care, as described in VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01074 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1075. 1075 1 subparagraph (B)(iii)(V), the one-stop op2 erator or service provider involved shall— 3 ‘‘(I) if determining whether the 4 individual is a youth experiencing 5 homelessness, use a process that is in 6 compliance with the requirements of 7 subsection (a) of section 479D of the 8 Higher Education Act of 1965 (20 9 U.S.C. 1087uu–2) for financial aid 10 administrators; and 11 ‘‘(II) if determining whether the 12 individual is a youth in foster care, 13 use a process that is in compliance 14 with the requirements of subsection 15 (b) of section 479D of the Higher 16 Education Act of 1965 (20 U.S.C. 17 1087uu–2) for financial aid adminis18 trators.’’. 19 (B) DEFINITION OF OPPORTUNITY 20 YOUTH.—Subparagraph (B) of section 21 129(a)(1) of the Workforce Innovation and Op22 portunity Act (29 U.S.C. 3164(a)(1)) is amend23 ed— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01075 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1076. 1076 1 (i) in the subparagraph heading, by 2 striking ‘‘OUT-OF-SCHOOL’’ and inserting 3 ‘‘OPPORTUNITY’’; 4 (ii) in clause (i), by inserting ‘‘, except 5 that an individual described in subpara6 graph (IV) or (V) of clause (iii) may be at7 tending school (as defined under State 8 law)’’ after ‘‘(as defined under State law)’’; 9 (iii) in clause (ii), by inserting before 10 the semicolon at the end, the following : ‘‘, 11 except that an individual described in sub12 paragraph (IV) or (V) of clause (iii) may 13 be not younger than age 14 or older than 14 age 24’’; and 15 (iv) in clause (iii)— 16 (I) in subclause (III)— 17 (aa) in the matter preceding 18 item (aa)— 19 (AA) by striking ‘‘sec20 ondary school diploma or its 21 recognized equivalent’’ and 22 inserting ‘‘regular high 23 school diploma or its recog24 nized equivalent’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01076 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1077. 1077 1 (BB) by striking ‘‘and 2 is’’ and inserting ‘‘and’’; 3 (bb) in item (aa), by striking 4 ‘‘basic skills deficient;’’ and in5 serting ‘‘has foundational skill 6 needs;’’; and 7 (cc) in item (bb), by striking 8 ‘‘an English language learner’’ 9 and inserting ‘‘is an English 10 learner’’; and 11 (II) in subclause (V)— 12 (aa) by striking ‘‘A homeless 13 individual (’’ and inserting ‘‘An 14 individual experiencing homeless15 ness (meaning a homeless indi16 vidual,’’; 17 (bb) by striking ‘‘(42 U.S.C. 18 14043e-2(6))’’ and inserting ‘‘(34 19 U.S.C. 12473(6))’’; and 20 (cc) by striking ‘‘a homeless 21 child or youth (’’ and inserting 22 ‘‘a youth experiencing homeless23 ness (meaning a homeless child 24 or youth,’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01077 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1078. 1078 1 (C) DEFINITION OF IN-SCHOOL YOUTH.— 2 Clause (iv) of section 129(a)(1)(C) of the Work3 force Innovation and Opportunity Act (29 4 U.S.C. 3164(a)(1)(C)) is amended— 5 (i) in subclause (I), by striking ‘‘Basic 6 skills deficient.’’ and inserting ‘‘An indi7 vidual who has foundational skill needs.’’; 8 (ii) in subclause (II), by striking ‘‘lan9 guage’’; 10 (iii) by striking subclauses (III) and 11 (IV); and 12 (iv) by redesignating subclauses (V), 13 (VI), and (VII) as subclauses (III), (IV), 14 and (V), respectively. 15 (D) RULE FOR CERTAIN OPPORTUNITY 16 YOUTH.—Section 129(a)(1) of the Workforce 17 Innovation and Opportunity Act (29 U.S.C. 18 3164(a)(1)) is amended by adding at the end 19 the following: 20 ‘‘(D) RULE FOR CERTAIN OPPORTUNITY 21 YOUTH.—An opportunity youth described in 22 subclause (IV) or (V) of subparagraph (B)(iii) 23 who is attending any school (as defined under 24 State law) shall be eligible to participate in any VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01078 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1079. 1079 1 activity for in-school youth carried out under 2 this chapter.’’. 3 (2) EXCEPTION AND LIMITATION.—Section 4 129(a)(3) of the Workforce Innovation and Oppor5 tunity Act (29 U.S.C. 3164(a)(3)) is amended— 6 (A) in subparagraph (A)(ii), by striking 7 ‘‘5’’ and inserting ‘‘10’’; and 8 (B) in subparagraph (B)— 9 (i) by striking ‘‘5’’ and inserting 10 ‘‘10’’; and 11 (ii) by striking ‘‘paragraph 12 (1)(C)(iv)(VII)’’ and inserting ‘‘paragraph 13 (1)(C)(iv)(V)’’. 14 (3) OPPORTUNITY YOUTH PRIORITY.—Section 15 129(a)(4) of the Workforce Innovation and Oppor16 tunity Act (29 U.S.C. 3164(a)(4)) is amended— 17 (A) in the paragraph heading, by striking 18 ‘‘OUT-OF-SCHOOL’’ and inserting ‘‘OPPOR19 TUNITY’’; 20 (B) in subparagraph (A)— 21 (i) by striking ‘‘75’’ each place it ap22 pears and inserting ‘‘70’’; 23 (ii) by inserting ‘‘the total amount of’’ 24 before ‘‘funds available’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01079 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1080. 1080 1 (iii) by inserting ‘‘in the State’’ after 2 ‘‘subsection (c)’’; 3 (C) in subparagraph (B)(i), by striking 4 ‘‘75’’ and inserting ‘‘70’’; 5 (D) by redesignating subparagraph (B), as 6 so amended, as subparagraph (C); and 7 (E) by inserting after subparagraph (A) 8 the following: 9 ‘‘(B) LOCAL AREA TARGETS.—The local 10 board, the chief elected official, and the Gov11 ernor shall negotiate and reach agreement on 12 the minimum amount of funds provided to a 13 local area under subsection (c) that shall be 14 used to provide youth workforce investment ac15 tivities for opportunity youth based on the 16 needs of youth in the local area, which— 17 ‘‘(i) may not be an amount that is less 18 than 45 percent of the funds provided to 19 such local area under subsection (c); and 20 ‘‘(ii) shall be the amount that is nec21 essary for the State to meet the require22 ments of subparagraph (A) with respect to 23 the total amount of funds available for 24 local areas under subsection (c).’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01080 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1081. 1081 1 (c) REQUIRED STATEWIDE YOUTH ACTIVITIES.— 2 Section 129(b)(1) of the Workforce Innovation and Oppor3 tunity Act (29 U.S.C. 3164(b)(1)) is amended— 4 (1) in the matter preceding subparagraph (A), 5 by striking ‘‘sections 128(a)’’ and inserting ‘‘sections 6 128(a)(1)’’; 7 (2) in subparagraph (B), by inserting ‘‘through 8 a website that is consumer-tested to ensure that the 9 website is easily understood, searchable, and navi10 gable and allows for comparison of eligible providers 11 based on the program elements offered by such pro12 viders and the performance of such providers on the 13 primary indicators of performance for the youth pro14 gram as described in section 116(b)(2)(A)(ii)’’ after 15 ‘‘under section 123’’; and 16 (3) in subparagraph (D), by striking ‘‘section 17 116(i)’’ and inserting ‘‘section 116(j)’’. 18 (d) ALLOWABLE STATEWIDE YOUTH ACTIVITIES.— 19 Section 129(b)(2) of the Workforce Innovation and Oppor20 tunity Act (29 U.S.C. 3164(b)(2)) is amended— 21 (1) in the matter preceding subparagraph (A), 22 by striking ‘‘sections 128(a)’’ and inserting ‘‘sections 23 128(a)(1)’’; 24 (2) in subparagraph (C), by inserting ‘‘, which 25 may include providing guidance on career options in VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01081 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1082. 1082 1 in-demand industry sectors or occupations’’ after ‘‘in 2 the State’’; 3 (3) in subparagraph (D)— 4 (A) in clause (iv), by striking ‘‘and’’ at the 5 end; and 6 (B) by inserting after clause (v) the fol7 lowing: 8 ‘‘(vi) supporting the ability to under9 stand relevant tax information and obliga10 tions;’’; 11 (4) in subparagraph (E), by striking the period 12 at the end and inserting a semicolon; and 13 (5) by adding at the end the following: 14 ‘‘(F) establishing, supporting, and expand15 ing work-based learning opportunities, including 16 transitional jobs, that are aligned with career 17 pathways; 18 ‘‘(G) raising public awareness (including 19 through public service announcements, such as 20 social media campaigns and elementary and 21 secondary school showcases and school visits) 22 about career and technical education programs 23 and community-based and youth services orga24 nizations, and other endeavors focused on proVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01082 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1083. 1083 1 grams that prepare students for in-demand in2 dustry sectors or occupations; 3 ‘‘(H) developing partnerships between edu4 cational institutions (including area career and 5 technical schools and institutions of higher edu6 cation) and employers to create or improve 7 workforce development programs to address the 8 identified education and skill needs of the work9 force and the employment needs of employers in 10 the regions or local areas of the State, as deter11 mined based on the most recent analysis con12 ducted under subparagraphs (B) and (C) of 13 section 102(b)(1); 14 ‘‘(I) coordinating activities with providers 15 of a pre-apprenticeship program or apprentice16 ship program for youth in the State to estab17 lish, support, or expand the program described 18 in this subparagraph, including any such pro19 gram in the State receiving assistance under 20 section 173; 21 ‘‘(J) coordinating activities with entities 22 implementing reentry projects in the State fo23 cused on establishing or improving workforce 24 development programs for justice- involved 25 youth, including any such reentry projects in VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01083 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1084. 1084 1 the State receiving assistance under section 2 172; and 3 ‘‘(K) coordinating activities with agencies 4 implementing corrections education and other 5 education programs in the State focused on 6 providing incarcerated youth with education 7 and skills development programs, including any 8 such programs in the State receiving assistance 9 under section 225.’’. 10 (e) LOCAL ELEMENTS AND REQUIREMENTS.— 11 (1) PROGRAM DESIGN.—Section 129(c)(1) of 12 the Workforce Innovation and Opportunity Act (29 13 U.S.C. 3164(c)(1)) is amended— 14 (A) in subparagraph (A), by striking 15 ‘‘basic skills’’ and inserting ‘‘foundational skill 16 needs’’; 17 (B) in subparagraph (B), by inserting 18 ‘‘(which, in the case of a participant 18 years 19 or older, may include co-enrollment in any em20 ployment or training activity provided under 21 section 134 for adults)’’ after ‘‘services for the 22 participant’’; 23 (C) in subparagraph (C)— 24 (i) in clause (i), by striking ‘‘sec25 ondary school diploma or its recognized VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01084 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1085. 1085 1 equivalent’’ and inserting ‘‘regular high 2 school diploma or its recognized equiva3 lent’’; and 4 (ii) in clause (v), by inserting ‘‘high5 skill, high-wage, or’’ after ‘‘small employ6 ers, in’’; and 7 (D) in subparagraph (D), by striking ‘‘10’’ 8 and inserting ‘‘30’’. 9 (2) PROGRAM ELEMENTS.—Section 129(c)(2) 10 of the Workforce Innovation and Opportunity Act 11 (29 U.S.C. 3164(c)(2)) is amended— 12 (A) in the matter preceding subparagraph 13 (A), by striking ‘‘secondary school diploma or 14 its recognized equivalent’’ and inserting ‘‘reg15 ular high school diploma or its recognized 16 equivalent’’; 17 (B) in subparagraph (A), by striking ‘‘sec18 ondary school diploma or its recognized equiva19 lent’’ and inserting ‘‘regular high school di20 ploma or its recognized equivalent’’; 21 (C) in subparagraph (C)— 22 (i) in clause (i)— 23 (I) by striking ‘‘other’’ and in24 serting ‘‘year-round’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01085 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1086. 1086 1 (II) by inserting ‘‘that meet the 2 requirements of paragraph (10)’’ after 3 ‘‘school year’’; 4 (ii) in clause (ii), by inserting ‘‘and 5 apprenticeship programs that serve youth’’ 6 after ‘‘programs’’; 7 (iii) by amending clause (iii) to read 8 as follows: 9 ‘‘(iii) internships that— 10 ‘‘(I) are paid internships or are 11 unpaid internships for which academic 12 credit may be awarded; 13 ‘‘(II) are, to the extent prac14 ticable, aligned with in-demand indus15 try sectors or occupations in the State 16 or local area; and 17 ‘‘(III) for which participants 18 shall be paid (by the entity providing 19 the internship, through funds allo20 cated to the local area pursuant to 21 paragraph (1) for the program, or by 22 another entity) if such internships are 23 longer than— 24 ‘‘(aa) 4 weeks in the sum25 mer or 8 weeks during the school VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01086 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1087. 1087 1 year for in-school youth and op2 portunity youth who are enrolled 3 in school; or 4 ‘‘(bb) 8 weeks for oppor5 tunity youth who are not enrolled 6 in school;’’; 7 (iv) by redesignating clause (iv) as 8 clause (v); 9 (v) by inserting after clause (iii), as so 10 amended, the following: 11 ‘‘(iv) job shadowing;’’; 12 (vi) in clause (v), as so redesignated, 13 by inserting ‘‘and’’ at the end; and 14 (vii) by adding at the end the fol15 lowing: 16 ‘‘(vi) work-based learning;’’; 17 (D) in subparagraph (H), by striking 18 ‘‘adult mentoring’’ and inserting ‘‘coaching and 19 adult mentoring services’’; 20 (E) in subparagraph (I), by inserting ‘‘(in21 cluding case management)’’ after ‘‘services’’; 22 (F) in subparagraph (M)— 23 (i) by inserting ‘‘high-skill, high-wage, 24 or’’ before ‘‘in-demand industry’’; and 25 (ii) by striking the ‘‘and’’ at the end; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01087 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1088. 1088 1 (G) in subparagraph (N), by striking the 2 period at the end and inserting ‘‘; and’’; and 3 (H) by adding at the end the following: 4 ‘‘(O) activities to develop fundamental 5 workforce readiness, which may include cre6 ativity, collaboration, critical thinking, digital 7 literacy, persistence, and other relevant skills.’’. 8 (3) PRIORITY.—Section 129(c)(4) of the Work9 force Innovation and Opportunity Act (29 U.S.C. 10 3164(c)(4)) is amended to read as follows: 11 ‘‘(4) PRIORITY.— 12 ‘‘(A) WORK EXPERIENCES.—Not less than 13 40 percent of the funds allocated to the local 14 area as described in paragraph (1) shall be 15 used to provide in-school youth and opportunity 16 youth with activities under paragraph (2)(C). 17 ‘‘(B) APPRENTICESHIPS AND PRE-APPREN18 TICESHIPS FOR YOUTH.—Not less than 12 and 1 19 ⁄2 percent of the funds used for the purposes 20 described in subparagraph (A) shall be used to 21 provide in-school youth and opportunity youth 22 with activities under paragraph (2)(C)(ii).’’. 23 (4) RULE OF CONSTRUCTION.—Section 24 129(c)(5) of the Workforce Innovation and OpporVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01088 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1089. 1089 1 tunity Act (29 U.S.C. 3164(c)(5)) is amended by in2 serting ‘‘or local area’’ after ‘‘youth services’’. 3 (5) LINKAGES.—Section 129(c)(7) of the Work4 force Innovation and Opportunity Act (29 U.S.C. 5 3164(c)(7)) is amended by inserting ‘‘, secondary 6 schools, and area career and technical schools’’ after 7 ‘‘agencies’’. 8 (6) INDIVIDUAL TRAINING ACCOUNTS.—Section 9 129(c) of the Workforce Innovation and Opportunity 10 Act (29 U.S.C. 3164(c)) is amended by adding at 11 the end the following: 12 ‘‘(9) INDIVIDUAL TRAINING ACCOUNTS.— 13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), funds allocated pursuant to para15 graph (1) to a local area may be used to pay, 16 through an individual training account, an eligi17 ble provider of training services described in 18 section 122(d) for training services described in 19 section 134(c)(3) provided to in-school youth 20 who are not younger than age 16 and not older 21 than age 21 and opportunity youth, in the same 22 manner that an individual training account is 23 used to pay an eligible provider of training serv24 ices under section 134(c)(3)(F)(iii) for training VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01089 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1090. 1090 1 services provided to an adult or dislocated 2 worker. 3 ‘‘(B) SPECIAL RULE FOR IN-SCHOOL 4 YOUTH YOUNGER THAN AGE 18.—To use an in5 dividual training account to pay for a program 6 of training services that will take place during 7 regular school hours for an in-school youth who 8 is younger than the age 18, the local area shall 9 receive written approval from the secondary 10 school at which the in-school youth is enrolled 11 prior to the start of the program of training 12 services.’’. 13 (7) SUMMER AND YEAR-ROUND EMPLOYMENT 14 OPPORTUNITIES REQUIREMENTS.—Section 129(c) of 15 the Workforce Innovation and Opportunity Act (29 16 U.S.C. 3164(c)) is further amended by adding at the 17 end the following: 18 ‘‘(10) SUMMER AND YEAR-ROUND EMPLOYMENT 19 OPPORTUNITIES REQUIREMENTS.— 20 ‘‘(A) IN GENERAL.—A summer employ21 ment opportunity or a year-round employment 22 opportunity referred to in paragraph (2)(C)(i) 23 shall be a program that matches eligible youth 24 participating in such program with an appro25 priate employer (based on factors including the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01090 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1091. 1091 1 needs of the employer and the age, skill, and in2 formed aspirations of the eligible youth) that— 3 ‘‘(i) shall include— 4 ‘‘(I) a component of occupational 5 skills education; and 6 ‘‘(II) not less than 2 of the ac7 tivities described in subparagraphs 8 (G), (H), (I), (K), (M), and (O) of 9 paragraph (2); 10 ‘‘(ii) may not use funds allocated 11 under this chapter to subsidize more than 12 50 percent of the wages of each eligible 13 youth participant in such program; 14 ‘‘(iii) in the case of a summer employ15 ment opportunity, complies with the re16 quirements of subparagraph (B); and 17 ‘‘(iv) in the case of a year-round em18 ployment opportunity, complies with the 19 requirements of subparagraph (C). 20 ‘‘(B) SUMMER EMPLOYMENT OPPOR21 TUNITY.—In addition to the applicable require22 ments described in subparagraph (A), a sum23 mer employment opportunity— 24 ‘‘(i) may not be less than 4 weeks; 25 and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01091 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1092. 1092 1 ‘‘(ii) may not pay less than the high2 est applicable wage required by the appli3 cable Federal, State, or local minimum 4 wage law. 5 ‘‘(C) YEAR-ROUND EMPLOYMENT OPPOR6 TUNITY.—In addition to the applicable require7 ments described in subparagraph (A), a year8 round employment opportunity— 9 ‘‘(i) may not be shorter than 180 days 10 or longer than 1 year; 11 ‘‘(ii) may not pay less than the high12 est applicable wage required by the appli13 cable Federal, State, or local minimum 14 wage law; and 15 ‘‘(iii) may not employ the eligible 16 youth for less than 20 hours per week, ex17 cept in instances when the eligible youth 18 are under the age of 18 or enrolled in 19 school. 20 ‘‘(D) PRIORITY.—In selecting summer em21 ployment opportunities or year-round employ22 ment opportunities for purposes of paragraph 23 (2)(C)(i), a local area shall give priority to such 24 opportunities that meet the requirements of this 25 paragraph and that are in existing or emerging VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01092 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1093. 1093 1 high-skill, high-wage, or in-demand industry 2 sectors or occupations.’’. 3 (8) CONFORMING AMENDMENT.—Section 4 129(c)(3)(B) of the Workforce Innovation and Op5 portunity Act (29 U.S.C. 3164(c)(3)(B)) is amended 6 by striking ‘‘basic skills’’ and inserting 7 ‘‘foundational skill needs’’. 8 CHAPTER 3—ADULT AND DISLOCATED 9 WORKER EMPLOYMENT AND TRAIN10 ING ACTIVITIES 11 SEC. 141. STATE ALLOTMENTS. 12 Section 132(a)(2)(A) of the Workforce Innovation 13 and Opportunity Act (29 U.S.C. 3172(a)(2)(A)) is amend14 ed by— 15 (1) striking ‘‘, 169(c) (relating to dislocated 16 worker projects),’’; and 17 (2) by inserting ‘‘, and under subsections (c) 18 (related to dislocated worker projects) and (d) (re19 lated to workforce data quality initiatives) of section 20 169’’ before ‘‘; and’’ 21 SEC. 142. RESERVATIONS FOR STATE ACTIVITIES; WITHIN 22 STATE ALLOCATIONS; REALLOCATION. 23 (a) RESERVATIONS FOR STATE ACTIVITIES.—Section 24 133(a) of the Workforce Innovation and Opportunity Act 25 (29 U.S.C. 3173(a)) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01093 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1094. 1094 1 (1) in paragraph (1), by striking ‘‘section 2 128(a)’’ and inserting ‘‘section 128(a)(1)’’; and 3 (2) by adding at the end the following: 4 ‘‘(3) CRITICAL INDUSTRY SKILLS FUND, AND 5 INDUSTRY OR SECTOR PARTNERSHIP AND CAREER 6 PATHWAYS FUND.—In addition to the reservations 7 required under paragraphs (1) and (2), the Gov8 ernor may make the reservation authorized under 9 section 128(a)(3).’’. 10 (b) WITHIN STATE ALLOCATIONS.—Section 11 133(b)(1) of the Workforce Innovation and Opportunity 12 Act (29 U.S.C. 3173(b)) is amended— 13 (1) in subparagraph (A), by striking ‘‘sub14 section (a)(1)’’ and inserting ‘‘paragraph (1) or (3) 15 of subsection (a)’’; and 16 (2) in subparagraph (B), by striking ‘‘para17 graph (1) or (2) of subsection (a)’’ and inserting 18 ‘‘paragraph (1), (2), or (3) of subsection (a)’’. 19 (c) REALLOCATION AMONG LOCAL AREAS.—Section 20 133(c) of the Workforce Innovation and Opportunity Act 21 (29 U.S.C. 3173(c)) is amended— 22 (1) in paragraph (1), by inserting before the pe23 riod at the end, the following: ‘‘as performance24 based incentive payments’’; 25 (2) in paragraph (4)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01094 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1095. 1095 1 (A) in subparagraph (A)— 2 (i) by striking ‘‘that does not’’ and in3 serting the following: ‘‘that— 4 ‘‘(i) does not’’; 5 (ii) by striking ‘‘; and’’ and inserting 6 a semicolon; and 7 (iii) by adding at the end the fol8 lowing: 9 ‘‘(ii) has met or exceeded an average 10 of 100 percent of the local level of per11 formance described in section 116(c)(1)(B) 12 for the local area across all indicators for 13 the adult program authorized under this 14 chapter for the most recent program year 15 for which performance data is available; 16 and 17 ‘‘(iii) was not subject to corrective ac18 tion by the Governor under section 19 184(a)(5)(A) for a determination of non20 compliance with the uniform administrative 21 requirements described in section 22 184(a)(3) for the program year for which 23 the determination under paragraph (2) is 24 made; and’’; and 25 (B) in subparagraph (B)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01095 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1096. 1096 1 (i) by striking ‘‘that does not’’ and in2 serting the following: ‘‘that— 3 ‘‘(i) does not’’; 4 (ii) by striking the period at the end 5 and inserting a semicolon; and 6 (iii) by adding at the end the fol7 lowing: 8 ‘‘(ii) has met or exceeded an average 9 of 100 percent of the local level of per10 formance described in section 116(c)(1)(B) 11 for the local area across all indicators for 12 the dislocated worker program authorized 13 under this chapter for the most recent pro14 gram year for which performance data is 15 available; and 16 ‘‘(iii) was not subject to corrective ac17 tion by the Governor under section 18 184(a)(5)(A) for a determination of non19 compliance with the uniform administrative 20 requirements described in section 21 184(a)(3) for the program year for which 22 the determination under paragraph (2) is 23 made; and’’; and 24 (3) by adding at the end the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01096 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1097. 1097 1 ‘‘(5) USE OF INCENTIVE FUNDS.—Any amounts 2 provided to a local area as a performance incentive 3 payment under this subsection shall not be subject 4 to the requirements described in section 5 134(c)(1)(B).’’. 6 SEC. 143. USE OF FUNDS FOR EMPLOYMENT AND TRAINING 7 ACTIVITIES. 8 (a) STATEWIDE EMPLOYMENT AND TRAINING AC9 TIVITIES.— 10 (1) IN GENERAL.—Section 134(a)(1) of the 11 Workforce Innovation and Opportunity Act (29 12 U.S.C. 3174(a)(1))— 13 (A) in subparagraph (A), by striking 14 ‘‘and’’ at the end; 15 (B) in subparagraph (B)— 16 (i) in the matter preceding clause (i), 17 by striking ‘‘128(a)’’ and inserting 18 ‘‘128(a)(1)’’; and 19 (ii) by amending clause (ii) to read as 20 follows: 21 ‘‘(ii) may be used to carry out any of 22 the statewide employment and training ac23 tivities described in paragraph (3) (includ24 ing establishing and administering any VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01097 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1098. 1098 1 one, or both, of the funds referred to in 2 subparagraph (C));’’; and 3 (C) by inserting before the flush left text 4 at the end the following: 5 ‘‘(C) as described in section 128(a)(3), 6 shall be used to establish and administer any 7 one, or both, of the following: 8 ‘‘(i) a critical industry skills fund de9 scribed in paragraph (4); or 10 ‘‘(ii) an industry or sector partnership 11 and career pathways development fund de12 scribed in paragraph (5),’’. 13 (2) REQUIRED STATEWIDE EMPLOYMENT AND 14 TRAINING ACTIVITIES.— 15 (A) STATEWIDE RAPID RESPONSE ACTIVI16 TIES.—Section 134(a)(2)(A) of the Workforce 17 Innovation and Opportunity Act (29 U.S.C. 18 3174(a)(2)(A)) is amended— 19 (i) in clause (i)— 20 (I) in subclause (I)— 21 (aa) by striking ‘‘working’’ 22 and inserting ‘‘as a rapid re23 sponse unit working’’; and 24 (bb) by striking ‘‘and’’ at 25 the end; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01098 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1099. 1099 1 (II) in subclause (II), by striking 2 the period at the end and inserting ‘‘; 3 and’’; and 4 (III) by adding at the end the 5 following: 6 ‘‘(III) provision of additional as7 sistance to any local area that has ex8 cess demand for individual training 9 accounts for dislocated workers in 10 such local area and requests such ad11 ditional assistance under this sub12 clause in accordance with paragraph 13 (4) of section 414(c) of the American 14 Competitiveness and Workforce Im15 provement Act of 1998 (29 U.S.C. 16 3224a(5)), upon a determination by 17 the State that, in using funds allo18 cated to such local area pursuant to 19 paragraph (1) of such section 414(c) 20 and in using funds as required under 21 subsection (c)(1)(B) of this section for 22 the purpose described in paragraph 23 (2)(A) of such section 414(c)), the 24 local area is in compliance with the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01099 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1100. 1100 1 requirements of such section 414(c).’’; 2 and 3 (ii) by adding at the end the fol4 lowing: 5 ‘‘(iii) INSUFFICIENT FUNDS TO MEET 6 EXCESS DEMAND.—If a State determines 7 that a local area with excess demand as 8 described in clause (i)(III) has met the 9 compliance requirements described in such 10 clause, but the State does not have suffi11 cient funds reserved under section 12 133(a)(2) to meet such excess demand, the 13 State— 14 ‘‘(I) shall notify the Secretary of 15 such excess demand; and 16 ‘‘(II) if eligible, may apply for a 17 national dislocated worker grant 18 under section 170 of this Act.’’. 19 (B) STATEWIDE EMPLOYMENT AND TRAIN20 ING ACTIVITIES.—Section 134(a)(2)(B) of the 21 Workforce Innovation and Opportunity Act (29 22 U.S.C. 3174(a)(2)(B) is amended— 23 (i) in clause (i)— 24 (I) in subclause (III), by striking 25 ‘‘and’’ at the end; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01100 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1101. 1101 1 (II) by amending subclause (IV) 2 to read as follows: 3 ‘‘(IV) local areas, one-stop opera4 tors, one-stop partners, and eligible 5 providers, including the development 6 and training of staff, which may in7 clude— 8 ‘‘(aa) the development and 9 training of staff to provide infor10 mation about wage levels and 11 available benefits across in-de12 mand industry sectors or occupa13 tions, and information about op14 portunities for individuals with 15 barriers to employment to enter 16 in-demand industry sectors or oc17 cupations and nontraditional oc18 cupations; 19 ‘‘(bb) providing capacity 20 building and technical assistance 21 to State board and local board 22 members on the development of 23 exemplary program activities; 24 ‘‘(cc) the development and 25 education of staff to increase exVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01101 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1102. 1102 1 pertise in providing opportunities 2 for covered veterans (as defined 3 in section 4212(a)(3)(A) of title 4 38, United States Code) to enter 5 in-demand industry sectors or oc6 cupations and nontraditional oc7 cupations: and 8 ‘‘(dd) the provision of tech9 nical assistance to local areas 10 that fail to meet local perform11 ance accountability measures de12 scribed in section 116(c); and’’; 13 and 14 (III) by adding at the end the 15 following: 16 ‘‘(V) local boards and eligible 17 providers of training services in car18 rying out the performance reporting 19 required under section 116(d), includ20 ing facilitating data matches for pro21 gram participants— 22 ‘‘(aa) using quarterly wage 23 record information (including the 24 wage records made available by 25 any other State and information VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01102 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1103. 1103 1 provided from the National Di2 rectory of New Hires in accord3 ance with section 453(j)(8) of the 4 Social Security Act (42 U.S.C. 5 653(j)(8))); and 6 ‘‘(bb) other sources of infor7 mation, as necessary to measure 8 the performance of programs and 9 activities conducted under this 10 chapter or chapter 2 of this sub11 title;’’; 12 (ii) in clause (ii), by striking ‘‘section 13 106(b)(7)’’ and inserting ‘‘section 14 106(b)(6)’’; 15 (iii) in clause (iii), by striking ‘‘section 16 116(i)’’ and inserting ‘‘section 116(j)’’; 17 and 18 (iv) in clause (v)— 19 (I) in subclause (II)— 20 (aa) by striking ‘‘customized 21 training’’ and inserting ‘‘em22 ployer-directed skills develop23 ment’’; and 24 (bb) by striking ‘‘transi25 tional jobs’’ and inserting ‘‘tranVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01103 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1104. 1104 1 sitional jobs, or sponsors of ap2 prenticeships and pre-apprentice3 ships’’; 4 (II) in subclause (III), by insert5 ing ‘‘, including business engaged in 6 joint labor-management partnerships’’ 7 before the semicolon; 8 (III) in subclause (IV), by insert9 ing ‘‘, including on the principles of 10 universal design for learning’’ before 11 the semicolon; 12 (IV) by redesignating subclauses 13 (V) and (VI) as subclauses (VI) and 14 (VII), respectively; 15 (V) by inserting after subclause 16 (IV) the following: 17 ‘‘(V) information on effective co18 ordination of supportive services for 19 workers and jobseekers;’’; 20 (VI) in subclause (VI), as so re21 designated— 22 (aa) by striking ‘‘subsections 23 (d) and (h) of section 122’’ and 24 inserting ‘‘subsections (d) and (i) 25 of section 122’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01104 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1105. 1105 1 (bb) by striking ‘‘and’’ at 2 the end; and 3 (VII) by adding at the end the 4 following: 5 ‘‘(VIII) information to partici6 pants on understanding and accessing 7 State-administered programs and 8 services available to jobseekers;’’; 9 (v) by redesignating clause (vi) as 10 clause (vii); 11 (vi) by inserting after clause (v) the 12 following: 13 ‘‘(vi) notifying participants of an eligi14 ble program of training services whose par15 ticipation is funded under this Act, if such 16 program’s status as an eligible program of 17 training services is revoked under section 18 122(c)(4);’’; 19 (vii) in clause (vii), as so redesig20 nated, by striking the period at the end 21 and inserting a semicolon; and 22 (viii) by adding at the end the fol23 lowing: 24 ‘‘(viii) coordinating (which may be 25 done in partnership with other States) with VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01105 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1106. 1106 1 industry organizations, employers (includ2 ing small and mid-sized employers), indus3 try or sector partnerships, training pro4 viders, local boards, and institutions of 5 higher education to identify or develop 6 competency-based assessments that are a 7 valid and reliable method of collecting in8 formation with respect to, and measuring, 9 the prior knowledge, skills, and abilities of 10 individuals who are adults or dislocated 11 workers for the purpose of— 12 ‘‘(I) awarding, based on the 13 knowledge, skills, and abilities of such 14 an individual validated by such assess15 ments— 16 ‘‘(aa) a recognized postsec17 ondary credential that is used by 18 employers in the State for re19 cruitment, hiring, retention, or 20 advancement purposes; 21 ‘‘(bb) postsecondary credit 22 toward a recognized postsec23 ondary credential aligned with in24 demand industry sectors and oc25 cupations in the State for the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01106 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1107. 1107 1 purpose of accelerating attain2 ment of such credential; and 3 ‘‘(cc) postsecondary credit 4 for progress along a career path5 way developed by the State or a 6 local area within the State; 7 ‘‘(II) developing individual em8 ployment plans under subsection 9 (c)(2)(B)(vii)(II) that incorporate the 10 knowledge, skills, and abilities of such 11 an individual to identify— 12 ‘‘(aa) in-demand industry 13 sectors or occupations that re14 quire similar knowledge, skills, 15 and abilities; and 16 ‘‘(bb) any upskilling needed 17 for the individual to secure em18 ployment in such a sector or oc19 cupation; and 20 ‘‘(III) helping such an individual 21 communicate such knowledge, skills, 22 and abilities to prospective employers 23 through a skills-based resume, profile, 24 or portfolio; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01107 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1108. 1108 1 ‘‘(ix) disseminating to local areas and 2 employers information relating to the com3 petency-based assessments identified or de4 veloped pursuant to clause (viii), includ5 ing— 6 ‘‘(I) any credential or credit 7 awarded pursuant to items (aa) 8 through (cc) of clause (viii)(I); 9 ‘‘(II) the industry organizations, 10 employers, training providers, and in11 stitutions of higher education located 12 within the State that recognize the 13 knowledge, skills, and abilities of an 14 individual validated by such assess15 ments; 16 ‘‘(III) how such assessments may 17 be provided to, and accessed by, indi18 viduals through the one-stop delivery 19 system; and 20 ‘‘(IV) information on the extent 21 to which such assessments are being 22 used by employers and local areas in 23 the State.’’. 24 (3) ALLOWABLE STATEWIDE EMPLOYMENT AND 25 TRAINING ACTIVITIES.—Section 134(a)(3)(A) of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01108 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1109. 1109 1 Workforce Innovation and Opportunity Act (29 2 U.S.C. 3174(a)(3)(A))— 3 (A) in clause (i)— 4 (i) by inserting ‘‘or evidence-based’’ 5 after ‘‘innovative’’; 6 (ii) by inserting ‘‘local communities 7 and’’ after ‘‘needs of’’; 8 (iii) by striking ‘‘customized training’’ 9 and inserting ‘‘employer-directed skills de10 velopment’’; 11 (iv) by inserting ‘‘and partnerships 12 with’’ after ‘‘utilization of’’; 13 (v) by inserting ‘‘and labor-manage14 ment partnerships’’ after ‘‘business inter15 mediaries’’; and 16 (vi) by inserting ‘‘and medium-sized’’ 17 before ‘‘employers) in the State, and’’; 18 (B) in clause (ii)— 19 (i) by inserting ‘‘, or bringing evi20 dence-based strategies to scale,’’ after 21 ‘‘strategies’’; and 22 (ii) by inserting ‘‘supporting such in23 dividuals in achieving economic self-suffi24 ciency and mobility, and’’ after ‘‘employ25 ment and’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01109 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1110. 1110 1 (C) in clause (iii)— 2 (i) by striking ‘‘ and prior learning as3 sessment to’’ and inserting ‘‘, prior learn4 ing assessment, or a competency-based as5 sessment identified or developed by the 6 State under paragraph (2)(B)(viii), to’’; 7 and 8 (ii) by striking ‘‘stackable’’ and insert9 ing ‘‘permit articulation into higher level 10 degree or other credential programs’’; 11 (D) in clause (iv), by inserting ‘‘, which 12 may include on-the job training, employer-di13 rected skills development, transitional jobs, in14 dustry or sector partnerships, apprenticeships, 15 and other programs’’ after ‘‘employment’’; 16 (E) in clause (v), by inserting ‘‘which ac17 tivities may incorporate the principles of uni18 versal design for learning and be’’ after ‘‘sub19 section (c)(3),’’; 20 (F) in clause (viii)— 21 (i) in subclause (I), by inserting ‘‘, in22 cluding such activities funded through 23 other Federal and State laws’’ after ‘‘de24 velopment activities’’; and 25 (ii) in subclause (II)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01110 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1111. 1111 1 (I) in item (cc), by inserting ‘‘ac2 tivities carried out by comprehensive 3 transition and postsecondary pro4 grams for students with intellectual 5 disabilities established under section 6 767 of the Higher Education Act of 7 1965 (20 U.S.C. 1140g),’’ after ‘‘de8 velopmental disabilities,’’; 9 (II) in item (dd), by striking ‘‘ac10 tivities, including those’’ and inserting 11 ‘‘activities and services to promote 12 digital literacy skills, including activi13 ties and services’’; 14 (III) in item (ee), by striking 15 ‘‘ex-offenders in reentering the work16 force; and’’ and inserting ‘‘ justice-in17 volved individuals in reentering the 18 workforce;’’; and 19 (IV) by adding at the end the fol20 lowing: 21 ‘‘(gg) programs under the 22 Older Americans Act of 1965 (42 23 U.S.C. 3001 et seq.) that support 24 employment and economic secu25 rity; and’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01111 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1112. 1112 1 (G) in clause (xi), by inserting ‘‘that ex2 ceed the local levels of performance’’ after 3 ‘‘local areas’’; 4 (H) in clause (xiii), by striking ‘‘and’’ at 5 the end; 6 (I) in clause (xiv)— 7 (i) by inserting ‘‘conducting feasibility 8 studies for the effectiveness of such strate9 gies in meeting the employment and skills 10 development needs of target populations in 11 the local areas that are using such feasi12 bility studies,’’ after ‘‘data collection,’’; and 13 (ii) by striking the period at the end 14 and inserting a semicolon; and 15 (J) by adding at the end the following: 16 ‘‘(xv) supporting employers seeking to 17 implement skills-based hiring practices, 18 which may include technical assistance on 19 the use and validation of employment as20 sessments (including competency-based as21 sessments developed or identified by the 22 State pursuant to paragraph (2)(B)(viii)), 23 and support in the creation of skills-based 24 job descriptions; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01112 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1113. 1113 1 ‘‘(xvi) developing partnerships be2 tween educational institutions (including 3 area career and technical education 4 schools, local educational agencies, and in5 stitutions of higher education) and employ6 ers to create or improve workforce develop7 ment programs to address the identified 8 education and skill needs of the workforce 9 and the employment needs of employers in 10 regions of the State, as determined by the 11 most recent analysis conducted under sub12 paragraphs (A), (B), and (D) of section 13 102(b)(1); 14 ‘‘(xvii) identifying and making avail15 able to residents of the State, free or re16 duced cost access to online skills develop17 ment programs that are aligned with in-de18 mand industries or occupations in the 19 State and lead to attainment of a recog20 nized postsecondary credential valued by 21 employers in such industries or occupa22 tions; 23 ‘‘(xviii) establishing and administering 24 a critical industry skills fund described in 25 paragraph (4); and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01113 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1114. 1114 1 ‘‘(xix) establishing and administering 2 an industry or sector partnership and ca3 reer pathways development fund described 4 in paragraph (5).’’. 5 (4) CRITICAL INDUSTRY SKILLS FUND.—Sec6 tion 134(a) of the Workforce Innovation and Oppor7 tunity Act (29 U.S.C. 3174(a)), as amended, is fur8 ther amended by adding at the end the following: 9 ‘‘(4) CRITICAL INDUSTRY SKILLS FUND.— 10 ‘‘(A) PERFORMANCE-BASED PAYMENTS.— 11 In addition to the funds described in paragraph 12 (3)(A), a State may use any funds reserved 13 under paragraph (3)(A) of section 128(a) to es14 tablish and administer a critical industry skills 15 fund to award performance-based payments on 16 a per-worker basis to eligible entities that pro17 vide, to prospective workers or incumbent work18 ers (which may include youth age 18 through 19 age 24), eligible skills development programs 20 that are in any of the industries and occupa21 tions identified by the Governor (in consultation 22 with the State board) for purposes of this para23 graph, and that will result in employment or re24 tention with an employer in such an industry or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01114 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1115. 1115 1 occupation (in this paragraph referred to as a 2 ‘participating employer’). 3 ‘‘(B) OPTIONAL PRIORITY.—The Governor 4 (in consultation with the State board) may se5 lect the industries and occupations identified 6 under subparagraph (A) that should be 7 prioritized under this paragraph. 8 ‘‘(C) SUBMISSION OF PROPOSALS.—To be 9 eligible to receive a payment under the critical 10 industry skills fund established under this para11 graph by a State, an eligible entity shall submit 12 to the Governor, a proposal describing the eligi13 ble skills development program to be provided 14 by the eligible entity under this paragraph, in 15 such form, at such time, and containing such 16 information, as the Governor may reasonably 17 require. 18 ‘‘(D) REIMBURSEMENT FOR APPROVED 19 PROPOSALS.— 20 ‘‘(i) STATE REQUIREMENTS.— 21 ‘‘(I) IN GENERAL.—With respect 22 to each eligible entity whose proposal 23 under subparagraph (C) has been ap24 proved by the Governor, the Governor 25 shall make payments (in an amount VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01115 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1116. 1116 1 determined by the Governor and sub2 ject to the requirements of subclause 3 (II) of this clause, subparagraph (E), 4 and any other limitations determined 5 necessary by the State) from the crit6 ical industry skills fund established 7 under this paragraph to such eligible 8 entity for each participant of the eligi9 ble skills development program de10 scribed in such proposal and with re11 spect to whom the eligible entity 12 meets the requirements of clause (ii). 13 ‘‘(II) PAYMENTS.—In making 14 payments to an eligible entity under 15 subclause (I) with respect to a partici16 pant— 17 ‘‘(aa) a portion of the total 18 payment shall be made after the 19 participant successfully completes 20 the eligible skills development 21 program offered by the eligible 22 entity; and 23 ‘‘(bb) the remainder of such 24 total payment shall be made after 25 the participant has been emVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01116 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1117. 1117 1 ployed by the participating em2 ployer of the eligible entity for 3 the 6-month period after success4 ful completion of the program. 5 ‘‘(ii) ELIGIBLE ENTITY REQUIRE6 MENTS.—To be eligible to receive the pay7 ments described in clause (i) with respect 8 to a participant, an eligible entity shall 9 submit such documentation as the Gov10 ernor determines necessary to verify 11 whether the participant meets the require12 ments of items (aa) and (bb) of clause 13 (i)(II), and to comply with the perform14 ance reporting described in subparagraph 15 (F). 16 ‘‘(E) NON-FEDERAL COST SHARING.— 17 ‘‘(i) LIMITS ON FEDERAL SHARE.—An 18 eligible entity may not receive funds under 19 subparagraph (D) with respect to a partici20 pant of the eligible skills development pro21 gram offered by the eligible entity in ex22 cess of the following costs of such program 23 with respect to such participant: 24 ‘‘(I) In the case of a partici25 pating employer of such eligible entity VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01117 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1118. 1118 1 with 25 or fewer employees, 90 per2 cent of the costs. 3 ‘‘(II) In the case of a partici4 pating employer of such eligible entity 5 with more than 25 employees, but 6 fewer than 100 employees, 75 percent 7 of the costs. 8 ‘‘(III) In the case of a partici9 pating employer of such eligible entity 10 with 100 or more employees, 50 per11 cent of the costs. 12 ‘‘(ii) NON-FEDERAL SHARE.— 13 ‘‘(I) IN GENERAL.—Any costs of 14 the eligible skills development pro15 gram offered to a participant by such 16 eligible entity that are not covered by 17 the funds received under subpara18 graph (D) shall be the non-Federal 19 share provided by the eligible entity 20 (in cash or in-kind). 21 ‘‘(II) EMPLOYER COST SHAR22 ING.—If the eligible skills develop23 ment program is being provided on24 the-job, the non-Federal share pro25 vided by an eligible entity may include VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01118 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1119. 1119 1 the amount of the wages paid by the 2 participating employer of the eligible 3 entity to a participant while such par4 ticipant is receiving the training. 5 ‘‘(F) PERFORMANCE REPORTING.—Using 6 the participant information provided by eligible 7 entities under subparagraph (D)(ii), the State 8 shall submit to the Secretary a report, on an 9 annual basis, with respect to all participants for 10 which the eligible entities received funds under 11 this paragraph for the most recent program 12 year, which shall include— 13 ‘‘(i) the number of individuals who 14 participated in eligible skills development 15 programs provided by such eligible entities 16 through the critical industry skills fund 17 under this paragraph; and 18 ‘‘(ii) the performance of such partici19 pants on the primary indicators of per20 formance described in subclauses (I) 21 through (III) of section 116(b)(2)(A)(i). 22 ‘‘(G) DEFINITIONS.—In this paragraph: 23 ‘‘(i) ELIGIBLE ENTITY.—The term ‘el24 igible entity’ means— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01119 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1120. 1120 1 ‘‘(I) a participating employer or 2 a group of participating employers; 3 ‘‘(II) an industry or sector part4 nership that includes a participating 5 employer; or 6 ‘‘(III) another entity serving as 7 an intermediary (such as a local 8 board) that is in partnership with a 9 participating employer. 10 ‘‘(ii) ELIGIBLE SKILLS DEVELOPMENT 11 PROGRAM.—The term ‘eligible skills devel12 opment program’, when used with respect 13 to an eligible entity— 14 ‘‘(I) means a program with re15 spect to which a State may set a max16 imum and minimum length (in 17 weeks); 18 ‘‘(II) includes work-based edu19 cation or related occupational skills 20 instruction that— 21 ‘‘(aa) develops the specific 22 technical skills necessary for suc23 cessful performance of the occu24 pations in which participants are VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01120 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1121. 1121 1 to be employed upon completion; 2 and 3 ‘‘(bb) may be provided— 4 ‘‘(AA) by the eligible 5 entity; or 6 ‘‘(BB) by any training 7 provider that is selected by 8 the eligible entity and with9 out regard to whether such 10 provider is on a list of eligi11 ble providers of training 12 services described in section 13 122(d); and 14 ‘‘(III) does not include employee 15 onboarding, orientation, or profes16 sional development generally provided 17 to employees.’’. 18 (5) INDUSTRY OR SECTOR PARTNERSHIP AND 19 CAREER PATHWAYS DEVELOPMENT FUND.—Section 20 134(a) of the Workforce Innovation and Opportunity 21 Act (29 U.S.C. 3174(a)), as amended, is further 22 amended by adding at the end the following: 23 ‘‘(5) INDUSTRY OR SECTOR PARTNERSHIP AND 24 CAREER PATHWAYS DEVELOPMENT FUND.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01121 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1122. 1122 1 ‘‘(A) PURPOSE.—The purpose of this para2 graph is to establish new or expand existing in3 dustry or sector partnerships and career path4 way programs to encourage regional economic 5 growth and competitiveness, and improve work6 er training, retention, and advancement. 7 ‘‘(B) DESCRIPTION OF FUND.—In addition 8 to the funds described in paragraph (3)(A), a 9 State may use any funds reserved under para10 graph (3)(A) of section 128(a) to establish and 11 administer an industry or sector partnership 12 and career pathways development fund to 13 award grants to eligible partnerships to estab14 lish or expand industry or sector partnerships 15 that include employers in a high-growth or 16 high-wage industry of the State in order to 17 meet the following objectives: 18 ‘‘(i) Build capacity among such part19 nerships to prepare jobseekers and incum20 bent workers participating in such partner21 ships for careers in such a high-growth or 22 high-wage industry. 23 ‘‘(ii) Leverage the capacity of such 24 partnerships to develop, improve, expand, 25 or implement education, employment, and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01122 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1123. 1123 1 training opportunities for individuals with 2 barriers to employment. 3 ‘‘(iii) Strengthen coordination between 4 such industry or sector partnerships and 5 one-stop partners for the local areas in6 volved that are described in paragraphs (1) 7 and (2) of section 121(b). 8 ‘‘(iv) Develop or expand a career 9 pathway program that utilizes integrated 10 education and training strategies and sup11 ports multiple points of entry and exit for 12 working learners. 13 ‘‘(C) DURATION.—Each grant awarded 14 under this paragraph shall be for a period of 15 not more than 2 years. 16 ‘‘(D) AWARD BASIS.— 17 ‘‘(i) GEOGRAPHIC DIVERSITY.—The 18 Governor shall award grants under this 19 paragraph in a manner that ensures geo20 graphic diversity in the areas in the State 21 in which activities will be carried out under 22 the grants. 23 ‘‘(ii) PRIORITY.—In awarding grants 24 under this paragraph, the Governor shall VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01123 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1124. 1124 1 give priority consideration to eligible part2 nerships that— 3 ‘‘(I) include (or will include) as a 4 partner in the industry or sector part5 nership to be established or expanded 6 under this paragraph, a 2-year public 7 institution of higher education; 8 ‘‘(II) demonstrate long-term sus9 tainability of such industry or sector 10 partnership; and 11 ‘‘(III) demonstrate the ability of 12 such industry or sector partnership to 13 serve individuals who— 14 ‘‘(aa) are individuals with a 15 barrier to employment, including 16 individuals with disabilities; 17 ‘‘(bb) are facing significant 18 worker dislocation due to a dis19 ruption or change in the regional 20 or State economy or labor mar21 ket; 22 ‘‘(cc) have traditionally been 23 underserved by regional economic 24 development and sector partnerVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01124 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1125. 1125 1 ship activities (including rural 2 areas in the State); or 3 ‘‘(dd) are— 4 ‘‘(AA) opportunity 5 youth, disadvantaged youth, 6 or disadvantaged adults; or 7 ‘‘(BB) unemployed in8 dividuals, within the mean9 ing of section 6(b)(1)(B) of 10 the Wagner-Peyser Act (29 11 U.S.C. 49e(b)(1)(B)). 12 ‘‘(iii) ADDITIONAL OPTIONAL PRI13 ORITY.—In awarding grants under this 14 paragraph, in addition to the priority con15 sideration required under clause (ii), the 16 Governor may give priority consideration 17 to eligible partnerships that include, or will 18 include, as a partner in the industry or 19 sector partnership to be established or ex20 panded under this section— 21 ‘‘(I) a 4-year public institution of 22 higher education at which the highest 23 degree that is predominantly awarded 24 to students is an associate degree; or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01125 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1126. 1126 1 ‘‘(II) a 2-year Tribal College or 2 University (as defined in section 3 316(b) of the Higher Education Act 4 of 1965 (20 U.S.C. 1059c(b)). 5 ‘‘(E) APPLICATION.— 6 ‘‘(i) IN GENERAL.—An eligible part7 nership seeking a grant under this para8 graph shall submit an application to the 9 Governor at such time, in such manner, 10 and containing such information as the 11 Governor may reasonably require, includ12 ing the contents described in clause (ii). 13 ‘‘(ii) CONTENTS.—An eligible partner14 ship seeking a grant under this paragraph 15 shall submit an application to the Governor 16 under clause (i) containing, at minimum— 17 ‘‘(I) a description of the eligible 18 partnership, and the industry or sec19 tor partnership that will be estab20 lished or expanded with such grant; 21 ‘‘(II) the expected participation 22 and responsibilities of each of the 23 partners that will be included in such 24 industry or sector partnership; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01126 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1127. 1127 1 ‘‘(III) a description of the high2 growth or high-wage industry sector 3 to be served by such industry or sec4 tor partnership, and a description of 5 how such industry sector was identi6 fied; 7 ‘‘(IV) a description of the work8 ers and other individuals who will be 9 targeted or recruited by such industry 10 or sector partnership, including the 11 number of workers and other individ12 uals who will be served by the part13 nership; 14 ‘‘(V) an analysis of the existing 15 labor market to be served by such in16 dustry or sector partnership, which in17 cludes— 18 ‘‘(aa) a description of poten19 tial barriers to employment for 20 the targeted workers and other 21 individuals; 22 ‘‘(bb) the estimated share of 23 such workers and other individ24 uals who are individuals with a 25 barrier to employment; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01127 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1128. 1128 1 ‘‘(cc) a description of strate2 gies that will be developed to help 3 such workers and other individ4 uals overcome such barriers; 5 ‘‘(VI) a description of the Fed6 eral and non-Federal resources, avail7 able under provisions of law other 8 than this paragraph, that will be le9 veraged in support of such industry or 10 sector partnership and the activities 11 carried out by the partnership under 12 this paragraph; 13 ‘‘(VII) a description, using com14 mon, linked, open-data descriptive 15 language, of the recognized postsec16 ondary credential that will be provided 17 to individuals who successfully com18 plete the education and training pro19 gram provided through an education 20 provider in such industry or sector 21 partnership; 22 ‘‘(VIII) an assurance that any el23 igible provider of training services in 24 such industry or sector partnership is 25 on a list of eligible providers of trainVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01128 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1129. 1129 1 ing services described in section 2 122(d); and 3 ‘‘(IX) a commitment from a par4 ticipating employer in such industry 5 or sector partnership to employ each 6 participant of such education and 7 training program (which may be a ca8 reer pathway program) for not less 9 than a 1-year period, in accordance 10 with the employment policies of such 11 employer, after successful completion 12 of the training portion of the edu13 cation and training program operated 14 by such participating employer. 15 ‘‘(F) USES OF FUNDS.— 16 ‘‘(i) IN GENERAL.—An eligible part17 nership awarded a grant under this para18 graph shall use such grant funds to estab19 lish a new industry or sector partnership 20 or expand the industry or sector partner21 ship of the eligible partnership to meet the 22 objectives listed in subparagraph (B)— 23 ‘‘(I) by engaging businesses in 24 accordance with clause (iii); and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01129 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1130. 1130 1 ‘‘(II) by carrying out an edu2 cation and training program that— 3 ‘‘(aa) leads to the recognized 4 postsecondary credential de5 scribed in the eligible partner6 ship’s application in subpara7 graph (E)(ii)(VII); 8 ‘‘(bb) includes an appren9 ticeship, work-based learning, or 10 on-the-job training program that 11 leads to an employment commit12 ment described in subparagraph 13 (E)(ii)(IX) with a participating 14 employer of the industry or sec15 tor partnership; 16 ‘‘(cc) may include the devel17 opment or expansion of a new or 18 existing career pathway program 19 as described in clause (iv); and 20 ‘‘(dd) may include the provi21 sion of supportive services as de22 scribed in clause (v). 23 ‘‘(ii) PLANNING ACTIVITIES.—An eli24 gible partnership receiving a grant under 25 this paragraph may use not more than 20 VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01130 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1131. 1131 1 percent of the grant funds to carry out 2 planning activities during the first year of 3 the grant period that are necessary to es4 tablish a new industry or sector partner5 ship or expand the industry or sector part6 nership of the eligible partnership, which 7 may include— 8 ‘‘(I) recruiting key stakeholders 9 in the high-growth or high-wage in10 dustry to be served by such industry 11 or sector partnership; 12 ‘‘(II) conducting outreach to local 13 businesses, employers, labor organiza14 tions, local boards, education and 15 training providers, and business and 16 employer associations; 17 ‘‘(III) identifying, through an 18 evaluation, the training needs of mul19 tiple businesses in the high-growth or 20 high-wage industry, including identi21 fying any needs for— 22 ‘‘(aa) skills critical to com23 petitiveness and innovation in the 24 high-growth or high-wage indus25 try; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01131 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1132. 1132 1 ‘‘(bb) an education and 2 training program, including any 3 apprenticeship program or other 4 work-based learning program 5 supported by the grant; and 6 ‘‘(cc) the usage of career 7 pathways to align education and 8 training with job openings in the 9 high-growth or high-wage indus10 try; and 11 ‘‘(IV) recruiting individuals with 12 barriers to employment to participate 13 in the education and training pro14 gram. 15 ‘‘(iii) BUSINESS ENGAGEMENT.—An 16 industry or sector partnership established 17 or expanded with a grant under this para18 graph shall use the grant funds to engage 19 businesses (including small and medium20 sized businesses that are in the high21 growth or high-wage industry and that 22 may be a participating employer of the 23 partnership) in the establishment and im24 plementation of an apprenticeship, work25 based learning, or on-the-job training proVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01132 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1133. 1133 1 gram offered through the education and 2 training program of the partnership, and 3 which may include— 4 ‘‘(I) the navigation of the reg5 istration process for a sponsor of such 6 an apprenticeship program; 7 ‘‘(II) the connection of the busi8 ness with an education provider in the 9 industry or sector partnership to de10 velop classroom instruction to com11 plement learning through such an ap12 prenticeship, work-based learning, or 13 on-the-job training program; 14 ‘‘(III) the development of such a 15 work-based learning program; 16 ‘‘(IV) the provision of career 17 awareness activities for participants of 18 such an apprenticeship, work-based 19 learning, or on-the-job training pro20 gram, such as career guidance and 21 academic counseling; 22 ‘‘(V) the recruitment of individ23 uals with barriers to employment to 24 participate in such an apprenticeship, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01133 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1134. 1134 1 work-based learning, or on-the-job 2 training program; and 3 ‘‘(VI) other evidence-based ap4 proaches to connecting businesses 5 with workers and establishing path6 ways to unsubsidized employment for 7 individuals participating in the edu8 cation and training program and 9 other programs funded under this 10 title. 11 ‘‘(iv) CAREER PATHWAY PROGRAMS.— 12 ‘‘(I) IN GENERAL.—An industry 13 or sector partnership established or 14 expanded with a grant under this 15 paragraph may use such grant funds 16 for the development or expansion of a 17 new or existing career pathway pro18 gram that utilizes integrated edu19 cation and training strategies and 20 supports multiple entry and exit 21 points for working students and other 22 working participants, which may in23 clude— 24 ‘‘(aa) dual-enrollment ap25 proaches for participants, includVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01134 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1135. 1135 1 ing youth, seeking to participate 2 in a career pathway program; 3 ‘‘(bb) strategies that help 4 working students and other non5 traditional and adult student 6 populations access skills and the 7 recognized postsecondary creden8 tials described in subparagraph 9 (E)(ii)(VII) of the eligible part10 nership’s application; and 11 ‘‘(cc) strategies that incor12 porate the principles of universal 13 design for learning. 14 ‘‘(II) AUTHORIZED ACTIVITIES.— 15 In establishing or expanding such new 16 or existing career pathway program, 17 the industry or sector partnership 18 may use a grant under this paragraph 19 for— 20 ‘‘(aa) the provision of evi21 dence-based professional develop22 ment for faculty and other staff 23 of an education provider in the 24 industry or sector partnership, 25 which may incorporate the prinVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01135 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1136. 1136 1 ciples of universal design for 2 learning, as appropriate; 3 ‘‘(bb) the acquisition of 4 equipment necessary to support 5 the delivery of the career path6 way program; and 7 ‘‘(cc) any other evidence8 based activities to support the 9 development or implementation 10 of the career pathway program. 11 ‘‘(v) SUPPORTIVE SERVICES.—In ac12 cordance with section 181(h), an industry 13 or sector partnership established or ex14 panded with a grant under this paragraph 15 may use such grant funds to provide sup16 portive services to support the success of 17 individuals, including individuals with bar18 riers to employment, who are participating 19 in training services, as described in sub20 section (c)(3)(D), which are offered 21 through such partnership. 22 ‘‘(G) DESIGNATION OF A FISCAL AGENT.— 23 An eligible partnership receiving a grant under 24 this paragraph shall designate an entity of the 25 eligible partnership as the fiscal agent for the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01136 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1137. 1137 1 receipt, management, and expenditure of the 2 grant funds. 3 ‘‘(H) NON-FEDERAL COST SHARING.— 4 ‘‘(i) LIMITS ON FEDERAL SHARE.—An 5 industry or sector partnership established 6 or expanded with a grant under this para7 graph may not receive such grant funds 8 for purposes of funding the education and 9 training program offered through such 10 partnership in excess of the following costs 11 of establishing, operating, and sustaining 12 such program: 13 ‘‘(I) In the case in which the par14 ticipating employers in such eligible 15 partnership employ 25 or fewer em16 ployees, 70 percent of the costs. 17 ‘‘(II) In the case in which the 18 participating employers in such eligi19 ble partnership employ more than 25 20 employees, but fewer than 100 em21 ployees, 55 percent of the costs. 22 ‘‘(III) In the case in which the 23 participating employers in such eligi24 ble partnership employ 100 or more 25 employees, 40 percent of the costs. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01137 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1138. 1138 1 ‘‘(ii) NON-FEDERAL SHARE.—Any 2 costs of establishing, operating, and sus3 taining such program that are not covered 4 by the grant received under this paragraph 5 shall be the non-Federal share provided by 6 the industry or sector partnership. 7 ‘‘(I) PERFORMANCE REPORTING.—Not 8 later than 2 years after the first award of funds 9 under this paragraph is made by the Governor 10 and on an annual basis thereafter, the Governor 11 shall prepare and submit to the Secretary a re12 port with respect to the participants served by 13 each eligible partnership receiving funds under 14 this paragraph in the most recent program 15 year, which report shall include— 16 ‘‘(i) levels of performance achieved by 17 the eligible partnership, with respect to the 18 primary indicators of performance under 19 clause (i) or (ii) of section 116(b)(2)(A), as 20 applicable, for all individuals served by the 21 eligible partnership, disaggregated by race, 22 ethnicity, sex, disability status, and age; 23 and 24 ‘‘(ii) levels of performance achieved by 25 the eligible partnership with respect to the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01138 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1139. 1139 1 primary indicators of performance under 2 clause (i) or (ii) of section 116(b)(2)(A), as 3 applicable, for individuals with barriers to 4 employment served by the eligible partner5 ship, disaggregated by race, ethnicity, sex, 6 disability status, and age. 7 ‘‘(J) AVAILABILITY OF REPORT.—The re8 port submitted by eligible partnerships under 9 subparagraph (I) shall— 10 ‘‘(i) be made digitally available by the 11 Secretary using linked, open, and inter12 operable data; and 13 ‘‘(ii) include the number of individuals 14 who were served by each such eligible part15 nership. 16 ‘‘(K) LIMIT ON ADMINISTRATIVE COSTS.— 17 An eligible partnership receiving a grant under 18 this paragraph may not use more than 10 per19 cent of the grant funds for administrative costs. 20 ‘‘(L) DEFINITIONS.—In this paragraph: 21 ‘‘(i) ELIGIBLE PARTNERSHIP.—The 22 term ‘eligible partnership’ means— 23 ‘‘(I) an industry or sector part24 nership that— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01139 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1140. 1140 1 ‘‘(aa) includes a partici2 pating employer; and 3 ‘‘(bb) is seeking to further 4 implement or expand such indus5 try or sector partnership; or 6 ‘‘(II) a workforce collaborative 7 that is seeking to become an industry 8 or sector partnership that includes a 9 participating employer. 10 ‘‘(ii) HIGH-GROWTH OR HIGH-WAGE 11 INDUSTRY.—The term ‘high-growth or 12 high-wage industry’, when used with re13 spect to an eligible partnership, means an 14 industry that— 15 ‘‘(I) has, or is expected to have, 16 a high rate of growth and an unmet 17 demand for skilled workers, as deter18 mined by the Governor of the State in 19 which the eligible partnership is lo20 cated; 21 ‘‘(II) has been designated by the 22 Governor as an in-demand industry 23 experiencing high growth in such 24 State; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01140 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1141. 1141 1 ‘‘(III) includes occupations deter2 mined by the Governor— 3 ‘‘(aa) with wages that are 4 significantly higher than an occu5 pation of similar level of skill or 6 needed skill development; or 7 ‘‘(bb) that are aligned with 8 career pathways into higher wage 9 occupations. 10 ‘‘(iii) PARTICIPATING EMPLOYER.— 11 The term ‘participating employer’, when 12 used with respect to an eligible partner13 ship, means an employer in a high-growth 14 or high-wage industry that is (or will be) 15 part of the industry or sector partnership 16 that will be expanded (or established) by 17 the eligible partnership under this para18 graph.’’. 19 (b) REQUIRED LOCAL EMPLOYMENT AND TRAINING 20 ACTIVITIES.— 21 (1) MINIMUM AMOUNT FOR SKILLS DEVELOP22 MENT.—Section 134(c)(1) of the Workforce Innova23 tion and Opportunity Act (29 U.S.C. 3174(c)(1)) is 24 amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01141 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1142. 1142 1 (A) in subparagraph (A)(iv), by striking 2 ‘‘to’’ and inserting ‘‘to provide business services 3 described in paragraph (4) and’’; 4 (B) by redesignating subparagraph (B) as 5 subparagraph (C); and 6 (C) by inserting after subparagraph (A), 7 as so amended, the following: 8 ‘‘(B) MINIMUM AMOUNT FOR SKILLS DE9 VELOPMENT.— 10 ‘‘(i) IN GENERAL.—Subject to clause 11 (ii), not less than 50 percent of the funds 12 described in subparagraph (A) shall be 13 used by the local area— 14 ‘‘(I) for the payment of training 15 services— 16 ‘‘(aa) provided to adults 17 under paragraph (3)(F)(iii); and 18 ‘‘(bb) provided to adults and 19 dislocated workers under para20 graph (3)(G)(ii); and 21 ‘‘(II) for the payment of training 22 services under paragraph (2)(A) of 23 section 414(c) of the American Com24 petitiveness and Workforce Improve25 ment Act of 1998 (29 U.S.C. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01142 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1143. 1143 1 3224a(c)) after funds allocated to 2 such local area under paragraph (1) 3 of such section 414(c) have been ex4 hausted. 5 ‘‘(ii) EXCEPTION.—With respect to a 6 local area that uses any funds described in 7 subparagraph (A) to provide supportive 8 services, in accordance with subsection 9 (d)(2) of this section, for adults and dis10 located workers who are participating in 11 training services, or individualized career 12 services described in clauses (iii) and (vii) 13 of paragraph (2)(B) that enable participa14 tion in training services, each percentage 15 of such funds so used shall reduce, by one 16 percentage point, the percentage of such 17 funds required to be used by such local 18 area in accordance with clause (i), except 19 that such percentage of funds may not be 20 reduced by more than 10 percentage points 21 pursuant to this clause.’’; and 22 (D) in subparagraph (C), as so redesig23 nated, by striking ‘‘and (ii)’’ and inserting ‘‘, 24 (ii), and (iv)’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01143 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1144. 1144 1 (2) CAREER SERVICES.—Section 134(c)(2) of 2 the Workforce Innovation and Opportunity Act (29 3 U.S.C. 3174(c)(2)) is amended— 4 (A) by redesignating subparagraphs (A) 5 through (C) as subparagraphs (B) through (D), 6 respectively; 7 (B) by inserting before subparagraph (B), 8 as so redesignated, the following: 9 ‘‘(A) BASIC CAREER SERVICES.— 10 ‘‘(i) IN GENERAL.—The one-stop de11 livery system— 12 ‘‘(I) shall coordinate with the 13 Employment Service office colocated 14 with the one-stop delivery system for 15 such Employment Service office to 16 provide, using the funds allotted to 17 the State under section 6 of the Wag18 ner-Peyser Act (29 U.S.C. 49e), basic 19 career services, which shall— 20 ‘‘(aa) include, at a min21 imum, the services listed in 22 clause (ii); and 23 ‘‘(bb) be available to individ24 uals who are adults or dislocated 25 workers in an integrated manner VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01144 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1145. 1145 1 to streamline access to assistance 2 for such individuals, to avoid du3 plication of services, and to en4 hance coordination of services; 5 and 6 ‘‘(II) may use funds allocated 7 under paragraph (1), as necessary, to 8 supplement the services that are pro9 vided pursuant to subclause (I) to in10 dividuals who are adults or dislocated 11 workers. 12 ‘‘(ii) SERVICES.—The basic career 13 services provided pursuant to clause (i) 14 shall include— 15 ‘‘(I) provision of workforce and 16 labor market employment statistics in17 formation, including the provision of 18 accurate (and, to the extent prac19 ticable, real-time) information relating 20 to local, regional, and national labor 21 market areas, including— 22 ‘‘(aa) job vacancy listings in 23 such labor market areas; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01145 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1146. 1146 1 ‘‘(bb) information on job 2 skills necessary to obtain the jobs 3 included on such listings; and 4 ‘‘(cc) information relating to 5 local occupations in demand 6 (which may include entrepreneur7 ship opportunities), and the earn8 ings, skill requirements, and op9 portunities for advancement for 10 such occupations; 11 ‘‘(II) labor exchange services, in12 cluding job search and placement as13 sistance and, in appropriate cases, ca14 reer counseling, including— 15 ‘‘(aa) provision of informa16 tion on in-demand industry sec17 tors and occupations; 18 ‘‘(bb) provision of informa19 tion on nontraditional employ20 ment; and 21 ‘‘(cc) provision of informa22 tion on entrepreneurship, as ap23 propriate; 24 ‘‘(III)(aa) provision of informa25 tion, in formats that are usable by VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01146 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1147. 1147 1 and understandable to one-stop center 2 customers, relating to the availability 3 of supportive services or assistance, 4 including child care, child support, 5 medical or child health assistance 6 under title XIX or XXI of the Social 7 Security Act (42 U.S.C. 1396 et seq. 8 and 1397aa et seq.), benefits under 9 the supplemental nutrition assistance 10 program established under the Food 11 and Nutrition Act of 2008 (7 U.S.C. 12 2011 et seq.), assistance through the 13 earned income tax credit under sec14 tion 32 of the Internal Revenue Code 15 of 1986, and assistance under a State 16 program for temporary assistance for 17 needy families funded under part A of 18 title IV of the Social Security Act (42 19 U.S.C. 601 et seq.) and other sup20 portive services and transportation 21 provided through funds made avail22 able under such part, available in the 23 local area; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01147 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1148. 1148 1 ‘‘(bb) referral to the services or assist2 ance described in item (aa), as appro3 priate; 4 ‘‘(IV) provision of information 5 and assistance regarding filing claims 6 for unemployment compensation; and 7 ‘‘(V) assistance in establishing 8 eligibility for programs of financial aid 9 assistance for training and education 10 programs that are not funded under 11 this Act.’’; 12 (C) in subparagraph (B), as so redesig13 nated— 14 (i) in the heading, by striking the 15 heading and inserting ‘‘INDIVIDUALIZED 16 CAREER’’; 17 (ii) in the matter preceding clause 18 (i)— 19 (I) by inserting ‘‘individualized’’ 20 before ‘‘career services’’; and 21 (II) by inserting ‘‘shall, to the ex22 tent practicable, be evidence-based,’’ 23 before ‘‘and shall’’; 24 (iii) in clause (iii), by inserting ‘‘, and 25 a determination (considering factors inVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01148 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1149. 1149 1 cluding prior work experience, military 2 service, education, and the in-demand in3 dustry sectors and occupations in the local 4 area) of whether such an individual would 5 benefit from a competency-based assess6 ment developed or identified by the State 7 pursuant to subsection (a)(2)(B)(viii) to 8 accelerate the time to obtaining employ9 ment that leads to economic self-sufficiency 10 or career advancement’’ before the semi11 colon at the end; 12 (iv) by striking clauses (iv), (vi), (ix), 13 (x), and (xi); 14 (v) by redesignating clauses (v), (vii), 15 (viii), (xii), and (xiii) as clauses (iv), (v), 16 (vi), (vii), and (viii), respectively; 17 (vi) in clause (v), as so redesignated, 18 by inserting ‘‘and credential’’ after ‘‘by 19 program’’; 20 (vii) in clause (vi), as so redesignated, 21 by inserting ‘‘and in multiple languages, to 22 the extent practicable,’’ after ‘‘customers,’’; 23 and 24 (viii) in clause (vii), as so redesig25 nated— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01149 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1150. 1150 1 (I) in subclause (I)(aa), as so re2 designated, by inserting ‘‘, including a 3 competency-based assessment devel4 oped or identified by the State pursu5 ant to subsection (a)(2)(B)(viii)’’ after 6 ‘‘tools’’; 7 (II) in subclause (VI), by insert8 ing ‘‘digital literacy skills,’’ after 9 ‘‘learning skills,’’; 10 (III) in subclause (X), by strik11 ing ‘‘or’’ at the end; 12 (IV) in subclause (XI)— 13 (aa) by striking ‘‘language’’; 14 and 15 (bb) by striking ‘‘and’’ at 16 the end and inserting ‘‘or’’; 17 (V) by adding at the end the fol18 lowing: 19 ‘‘(XII) review or creation of a re20 sume or similar document showcasing 21 the skills, experience, relevant creden22 tials, and education of the individual; 23 and’’. 24 (D) by amending subparagraph (C), as so 25 redesignated, to read as follows: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01150 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1151. 1151 1 ‘‘(C) USE OF PREVIOUS ASSESSMENTS.—A 2 one-stop operator or one-stop partner shall not 3 be required to conduct a new interview, evalua4 tion, or assessment of a participant under sub5 paragraph (B)(vii) if the one-stop operator or 6 one-stop partner determines that— 7 ‘‘(i) it is appropriate to use a recent 8 interview, evaluation, or assessment of the 9 participant conducted pursuant to another 10 education or training program; and 11 ‘‘(ii) using such recent interview, eval12 uation, or assessment will accelerate an eli13 gibility determination.’’; and 14 (E) in subparagraph (D), as so redesig15 nated— 16 (i) in the matter preceding clause 17 (i)— 18 (I) by inserting ‘‘individualized’’ 19 before ‘‘career’’; and 20 (II) by striking ‘‘subparagraph 21 (A)’’ and inserting ‘‘subparagraph 22 (B)’’; and 23 (ii) in clause (ii), by inserting ‘‘, li24 braries, and community-based organiza25 tions’’ after ‘‘nonprofit service providers’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01151 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1152. 1152 1 (3) TRAINING SERVICES.—Section 134(c)(3) of 2 the Workforce Innovation and Opportunity Act (29 3 U.S.C. 3174(c)(3)) is amended— 4 (A) in subparagraph (A)— 5 (i) in clause (i), in the matter pre6 ceding subclause (I), by striking ‘‘clause 7 (ii)’’ and inserting ‘‘clause (ii) or (iii)’’; 8 (ii) by amending clause (i)(II) to read 9 as follows: 10 ‘‘(II) who select programs of 11 training services that are directly 12 linked to the employment opportuni13 ties— 14 ‘‘(aa) in the local area or the 15 planning region; 16 ‘‘(bb) in another area to 17 which the adults or dislocated 18 workers are willing to commute 19 or relocate; or 20 ‘‘(cc) that may be performed 21 remotely;’’. 22 (iii) by redesignating clause (iii) as 23 clause (iv); 24 (iv) by inserting after clause (ii) the 25 following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01152 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1153. 1153 1 ‘‘(iii) EMPLOYER REFERRAL.— 2 ‘‘(I) IN GENERAL.—A one-stop 3 operator or one-stop partner shall not 4 be required to conduct an interview, 5 evaluation, or assessment of an indi6 vidual under clause (i) if such indi7 vidual— 8 ‘‘(aa) is referred by an em9 ployer to receive on-the-job train10 ing or employer-directed skills de11 velopment in connection with 12 that employer; and 13 ‘‘(bb) has been certified by 14 the employer as being an indi15 vidual who is in need of training 16 services to obtain unsubsidized 17 employment with such employer 18 and who has the skills and quali19 fications to successfully partici20 pate in the selected program of 21 training services. 22 ‘‘(II) PRIORITY.—A one-stop op23 erator or one-stop partner shall follow 24 the priority system in effect under 25 subparagraph (E) to determine whethVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01153 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1154. 1154 1 er an individual who meets the re2 quirements of subclause (I) of this 3 clause is eligible to receive training 4 services.’’; and 5 (v) by adding at the end the following: 6 ‘‘(v) ADULT EDUCATION AND FAMILY 7 LITERACY ACTIVITIES.—In the case of an 8 individual who, after an interview, evalua9 tion, or assessment under clause (i)(I), is 10 determined to not have the skills and 11 qualifications to successfully participate in 12 the selected program of training services 13 under clause (i)(I)(cc), the one-stop oper14 ator or one-stop partner shall refer such 15 individual to adult education and literacy 16 activities under title II, including for co-en17 rollment in such activities, as appro18 priate.’’; 19 (B) in subparagraph (B)— 20 (i) in clause (i)— 21 (I) in subclause (I), by striking 22 ‘‘other grant assistance for such serv23 ices, including’’ and inserting ‘‘assist24 ance for such services under’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01154 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1155. 1155 1 (II) by striking ‘‘under other 2 grant assistance programs, including’’ 3 and inserting ‘‘under’’; and 4 (ii) by adding at the end the fol5 lowing: 6 ‘‘(iv) PARTICIPATION DURING ELIGI7 BILITY DETERMINATION.—An individual 8 may participate in a program of training 9 services during the period during which 10 such individual’s eligibility for training 11 services under subparagraph (A)(i) is being 12 determined, except that the provider of 13 such a program shall receive reimburse14 ment under this Act for the individual’s 15 participation during such period only if 16 such individual is determined to be eligible 17 under subparagraph (A)(i).’’; 18 (C) in subparagraph (D)(xi), by striking 19 ‘‘customized training’’ and inserting ‘‘employer20 directed skills development’’; 21 (D) in subparagraph (E)— 22 (i) by striking ‘‘are basic skills defi23 cient’’ and inserting ‘‘have foundational 24 skill needs’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01155 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1156. 1156 1 (ii) by striking ‘‘paragraph 2 (2)(A)(xii)’’ and inserting ‘‘paragraph 3 (2)(B)(vii)’’; 4 (E) in subparagraph (F)(ii), by inserting 5 ‘‘and the levels of performance for such pro6 viders on the performance criteria described in 7 section 122(b) for the 2 most recent program 8 years’’ after ‘‘in section 122(d)’’; 9 (F) in subparagraph (G)(ii)— 10 (i) in subclause (II), by striking ‘‘cus11 tomized training’’ and inserting ‘‘employer12 directed skills development’’; and 13 (ii) in subclause (IV)— 14 (I) by striking ‘‘is a’’ and insert15 ing ‘‘is an evidence-based’’; and 16 (II) by inserting ‘‘and to support 17 such individuals in gaining requisite 18 skills for in-demand industry sectors 19 or occupations in the local area, ob20 taining recognized postsecondary cre21 dentials, and entering unsubsidized 22 employment’’ after ‘‘employment’’; 23 (G) in subparagraph (H)— 24 (i) in clause (i), in the matter pre25 ceding subclause (I), by striking ‘‘reimVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01156 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1157. 1157 1 bursement described in section 3(44)’’ and 2 inserting ‘‘reimbursement described in sec3 tion 3(48)’’; and 4 (ii) in clause (ii)— 5 (I) in subclause (I), by inserting 6 ‘‘, such as the extent to which partici7 pants are individuals with barriers to 8 employment’’ after ‘‘participants’’; 9 and 10 (II) in subclause (III), by insert11 ing ‘‘in an occupation or industry sec12 tor, including whether the skills a par13 ticipant will obtain are transferable to 14 other employers, occupations, or in15 dustries in the local area or the 16 State’’ after ‘‘opportunities’’; and 17 (H) by adding at the end the following: 18 ‘‘(I) EMPLOYER-DIRECTED SKILLS DEVEL19 OPMENT.—An employer may receive a contract 20 from a local board to provide employer-directed 21 skills development to a participant or group of 22 participants if the employer submits to the local 23 board an agreement that establishes— 24 ‘‘(i) the provider of the skills develop25 ment program, which may be the employer; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01157 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1158. 1158 1 ‘‘(ii) the length of the skills develop2 ment program; 3 ‘‘(iii) the recognized postsecondary 4 credentials that will be awarded to, or the 5 occupational skills that will be gained by, 6 program participants; 7 ‘‘(iv) the cost of the skills development 8 program; 9 ‘‘(v) the estimated earnings of pro10 gram participants upon successful comple11 tion of the program; 12 ‘‘(vi) the amount of such cost that will 13 be paid by the employer, which shall not be 14 less than the amount specified in subpara15 graph (C) of section 3(19); and 16 ‘‘(vii) a commitment by the employer 17 to employ the participating individual or 18 individuals upon successful completion of 19 the program.’’. 20 (c) BUSINESS SERVICES.—Section 134(c) of the 21 Workforce Innovation and Opportunity Act (29 U.S.C. 22 3174(c)) is further amended by adding at the end the fol23 lowing: 24 ‘‘(4) BUSINESS SERVICES.—Funds described in 25 paragraph (1) shall be used to provide appropriate VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01158 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1159. 1159 1 recruitment and other business services and strate2 gies on behalf of employers, including small employ3 ers and mid-sized employers, that meet the work4 force investment needs of area employers, as deter5 mined by the local board and consistent with the 6 local plan under section 108, which services— 7 ‘‘(A) may be provided— 8 ‘‘(i) through effective business inter9 mediaries working in conjunction with the 10 local board; 11 ‘‘(ii) on a fee-for-service basis; or 12 ‘‘(iii) through the leveraging of eco13 nomic development, philanthropic, and 14 other public and private resources in a 15 manner determined appropriate by the 16 local board; and 17 ‘‘(B) may include one or more of the fol18 lowing: 19 ‘‘(i) Developing and implementing in20 dustry sector strategies (including strate21 gies involving industry partnerships, re22 gional skills alliances, industry skill panels, 23 and sectoral skills partnerships). 24 ‘‘(ii) Developing and delivering inno25 vative workforce investment services and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01159 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1160. 1160 1 strategies for area employers, which may 2 include career pathways, skills upgrading, 3 skill standard development and certifi4 cation for recognized postsecondary creden5 tial or other employer use, apprenticeship, 6 developing and offering industry-recognized 7 credential (including short-term industry8 recognized credential) programs, including 9 those that support individuals with 10 foundational skill needs, and other effective 11 initiatives for meeting the workforce in12 vestment needs of area employers and 13 workers. 14 ‘‘(iii) Assistance to area employers in 15 managing reductions in force in coordina16 tion with rapid response activities provided 17 under subsection (a)(2)(A) and developing 18 strategies for the aversion of layoffs, which 19 strategies may include early identification 20 of firms at risk of layoffs, use of feasibility 21 studies to assess the needs of and options 22 for at-risk firms, and the delivery of em23 ployment and training activities to address 24 risk factors. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01160 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1161. 1161 1 ‘‘(iv) The marketing of business serv2 ices offered under this title to appropriate 3 area employers, including small and mid4 sized employers. 5 ‘‘(v) Technical assistance or other 6 support to employers seeking to implement 7 skills-based hiring practices, which may in8 clude technical assistance on the use and 9 validation of employment assessments, in10 cluding competency-based assessments de11 veloped or identified by the State pursuant 12 to paragraph (2)(B)(viii), and support in 13 the creation of skills-based job descrip14 tions. 15 ‘‘(vi) Other services described in this 16 subsection, including providing information 17 and referral to microenterprise services, as 18 appropriate, and specialized business serv19 ices not traditionally offered through the 20 one-stop delivery system.’’. 21 (d) PERMISSIBLE LOCAL EMPLOYMENT AND TRAIN22 ING ACTIVITIES.— 23 (1) ACTIVITIES.—Section 134(d)(1)(A) of the 24 Workforce Innovation and Opportunity Act (29 25 U.S.C. 3174(d)(1)(A)) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01161 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1162. 1162 1 (A) in clause (iii), by striking ‘‘10 percent’’ 2 and inserting ‘‘30 percent’’; 3 (B) in clause (v), by inserting ‘‘case man4 agement,’’ after ‘‘assessments,’’; 5 (C) in clause (vi)— 6 (i) in subclause (III), by striking 7 ‘‘and’’ at the end; 8 (ii) by redesignating subclause (IV) as 9 subclause (VI); and 10 (iii) by inserting after subclause (III) 11 the following: 12 ‘‘(IV) employment and training 13 activities under subsections (d) and 14 (o) of section 6 of the Food and Nu15 trition Act of 2008 (7 U.S.C. 2015); 16 ‘‘(V) programs under the Older 17 Americans Act of 1965 (42 U.S.C. 18 3001 et seq.) that support employ19 ment and economic security; and’’; 20 (D) in clause (vii)— 21 (i) in subclause (II)— 22 (I) by inserting ‘‘and providers of 23 supportive services,’’ after ‘‘small em24 ployers,’’; and 25 (II) by striking ‘‘and’’ at the end; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01162 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1163. 1163 1 (ii) in subclause (III), by inserting 2 ‘‘and’’ at the end; and 3 (iii) by adding at the end the fol4 lowing: 5 ‘‘(IV) to strengthen, through pro6 fessional development activities, the 7 knowledge and capacity of one-stop 8 staff to use the latest digital tech9 nologies, tools, and strategies to de10 liver high quality services and out11 comes for jobseekers, workers, and 12 employers, which may incorporate uni13 versal design for learning;’’; 14 (E) by striking clause (ix); 15 (F) by redesignating clauses (x) through 16 (xii) as clauses (ix) through (xi), respectively; 17 (G) in clause (x), as so redesignated, by 18 striking ‘‘and’’ at the end; 19 (H) in clause (xi), as so redesignated, by 20 striking the period at the end and inserting a 21 semicolon; and 22 (I) by adding at the end the following: 23 ‘‘(xii) training programs for individ24 uals who are dislocated workers as a result 25 of advances in automation technology; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01163 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1164. 1164 1 ‘‘(xiii) the use of competency-based 2 assessments for individuals upon initial as3 sessment of skills (pursuant to subsection 4 (c)(2)(A)(iii)) or completion of training 5 services or other learning experiences; 6 ‘‘(xiv) the development of partnerships 7 between educational institutions (including 8 area career and technical education 9 schools, local educational agencies, and in10 stitutions of higher education) and employ11 ers to create or improve workforce develop12 ment programs to address the identified 13 education and skill needs of the workforce 14 and the employment needs of employers in 15 a region, as determined based on the most 16 recent analysis conducted by the local 17 board under section 107(d)(2); and 18 ‘‘(xv) assistance to one or more public 19 libraries located in the local area that has 20 demonstrated success in leveraging addi21 tional resources (such as staff, facilities, 22 computers, and learning materials) to pro23 vide free and open access to individualized 24 career services, in order to promote and 25 expand access to such services.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01164 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1165. 1165 1 (2) SUPPORTIVE SERVICES.—Section 2 134(d)(2)(B) of the Workforce Innovation and Op3 portunity Act (29 U.S.C. 3174(d)(2)(B)) is amend4 ed, by inserting ‘‘, including through programs of 5 one-stop partners, who are’’ after ‘‘programs’’. 6 (3) NEEDS-RELATED PAYMENTS.—Section 7 134(d)(3) of the Workforce Innovation and Oppor8 tunity Act (29 U.S.C. 3174(d)(3)) is amended— 9 (A) in subparagraph (A), by inserting ‘‘or 10 for financial assistance through a program car11 ried out by a one-stop partner’’ after ‘‘com12 pensation’’; and 13 (B) in subparagraph (B), by inserting ‘‘or 14 financial assistance through a program carried 15 out by a one-stop partner’’ after ‘‘compensa16 tion’’ 17 (4) INCUMBENT WORKER TRAINING PRO18 GRAMS.— 19 (A) IN GENERAL.—Section 134(d)(4)(A) of 20 the Workforce Innovation and Opportunity Act 21 (29 U.S.C. 3174(d)(4)(A)) is amended— 22 (i) in clause (i), by striking ‘‘20’’ and 23 inserting ‘‘30’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01165 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1166. 1166 1 (ii) by redesignating clauses (ii) and 2 (iii) as clauses (iii) and (iv), respectively; 3 and 4 (iii) by inserting after clause (i) the 5 following: 6 ‘‘(ii) INCREASE IN RESERVATION OF 7 FUNDS.—Notwithstanding clause (i)— 8 ‘‘(I) with respect to a local area 9 that had a rate of unemployment of 10 not more than 3 percent for not less 11 than 6 months during the preceding 12 program year, clause (i) shall be ap13 plied by substituting ‘40 percent’ for 14 ‘30 percent’; or 15 ‘‘(II) with respect to a local area 16 that meets the requirement in sub17 clause (I) and is located in a State 18 that had a labor force participation 19 rate of not less than 69 percent for 20 not less than 6 months during the 21 preceding program year, clause (i) 22 shall be applied by substituting ‘45 23 percent’ for ‘30 percent’.’’. 24 (B) TRAINING ACTIVITIES.—Section 25 134(d)(4)(B) of the Workforce Innovation and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01166 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1167. 1167 1 Opportunity Act (29 U.S.C. 3174(d)(4)(B)) is 2 amended— 3 (i) by striking ‘‘The training’’, and in4 serting the following: 5 ‘‘(i) IN GENERAL.—The training’’; 6 and 7 (ii) by striking ‘‘delivering training’’ 8 and inserting ‘‘delivering training, such as 9 industry or sector partnerships’’. 10 (C) NON-FEDERAL SHARE.—Section 11 134(d)(4)(D)(ii)(III) of the Workforce Innova12 tion and Opportunity Act (29 U.S.C. 13 3174(d)(4)(D)(ii)(III)) is amended by striking 14 ‘‘50’’ and inserting ‘‘55’’. 15 (D) INCUMBENT WORKER UPSKILLING AC16 COUNTS.—Section 134(d)(4) of the Workforce 17 Innovation and Opportunity Act (29 U.S.C. 18 3174(d)(4)) is further amended by adding at 19 the end the following: 20 ‘‘(E) INCUMBENT WORKER UPSKILLING 21 ACCOUNTS.— 22 ‘‘(i) IN GENERAL.—To establish in23 cumbent worker upskilling accounts 24 through which an eligible provider of train25 ing services under section 122 may be paid VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01167 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1168. 1168 1 for the program of training services pro2 vided to an incumbent worker, a local 3 board— 4 ‘‘(I)(aa) may use, from the funds 5 reserved by the local area under sub6 paragraph (A)(i), an amount that 7 does not exceed 5 percent of the funds 8 allocated to such local area under sec9 tion 133(b); or 10 ‘‘(bb) if the local area reserved funds 11 under subparagraph (A)(ii), may use, from 12 the funds reserved by the local area under 13 subparagraph (A)(ii), an amount that does 14 not exceed 10 percent of the funds allo15 cated to such local area under section 16 133(b); and 17 ‘‘(II) may use funds reserved 18 under section 134(a)(2)(A) for state19 wide rapid response activities and pro20 vided by the State to local area to es21 tablish such accounts. 22 ‘‘(ii) ELIGIBILITY.— 23 ‘‘(I) IN GENERAL.—Subject to 24 subclause (II), a local board that 25 seeks to establish incumbent worker VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01168 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1169. 1169 1 upskilling accounts under clause (i) 2 shall establish criteria for determining 3 the eligibility of an incumbent worker 4 to receive such an account, which 5 shall take into account factors of— 6 ‘‘(aa) the wages of the in7 cumbent worker as of the date of 8 determining such worker’s eligi9 bility under this clause; 10 ‘‘(bb) the career advance11 ment opportunities for the in12 cumbent worker in the occupa13 tion of such worker as of such 14 date; and 15 ‘‘(cc) the ability of the in16 cumbent worker to, upon comple17 tion of the program of training 18 services selected by such worker, 19 secure employment in an in-de20 mand industry or occupation in 21 the local area that will lead to 22 economic self-sufficiency and 23 wages higher than the current 24 wages of the incumbent worker. 25 ‘‘(II) LIMITATION.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01169 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1170. 1170 1 ‘‘(aa) IN GENERAL.—An in2 cumbent worker described in item 3 (bb) shall be ineligible to receive 4 an incumbent worker upskilling 5 account under this subparagraph. 6 ‘‘(bb) INELIGIBILITY.—Item 7 (aa) shall apply to an incumbent 8 worker— 9 ‘‘(AA) whose total an10 nual wages for the most re11 cent year are greater than 12 the median household in13 come of the State; or 14 ‘‘(BB) who has earned 15 a baccalaureate or profes16 sional degree. 17 ‘‘(iii) COST SHARING FOR CERTAIN IN18 CUMBENT WORKERS.—With respect to an 19 incumbent worker who is determined to be 20 eligible to receive an incumbent worker 21 upskilling account and who is not a low-in22 come individual— 23 ‘‘(I) such incumbent worker shall 24 pay not less than 25 percent of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01170 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1171. 1171 1 cost of the program of training serv2 ices selected by such worker; and 3 ‘‘(II) funds provided through the 4 incumbent worker upskilling account 5 established for such worker shall cover 6 the remaining 75 percent of the cost 7 of the program.’’. 8 (E) TRANSITIONAL JOBS.—Section 9 134(d)(5) of the Workforce Innovation and Op10 portunity Act (29 U.S.C. 3174(d)(5)) is amend11 ed by striking ‘‘10’’ and inserting ‘‘15’’. 12 (e) RULE OF CONSTRUCTION.—Section 134 of the 13 Workforce Innovation and Opportunity Act (29 U.S.C. 14 3174) is further amended by adding at the end the fol15 lowing: 16 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to abrogate a collective bargaining 18 agreement that covers employees of an entity providing a 19 program of training services, including an incumbent 20 worker training program.’’. 21 CHAPTER 4—GENERAL WORKFORCE 22 INVESTMENT PROVISIONS 23 SEC. 145. AUTHORIZATION OF APPROPRIATIONS. 24 Section 136 of the Workforce Innovation and Oppor25 tunity Act (29 U.S.C. 3181) is amended to read as follows: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01171 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1172. 1172 1 ‘‘SEC. 136. AUTHORIZATION OF APPROPRIATIONS. 2 ‘‘(a) YOUTH WORKFORCE INVESTMENT ACTIVI3 TIES.—There are authorized to be appropriated to carry 4 out the activities described in section 127(a) 5 $976,573,900 for each of the fiscal years 2025 through 6 2030. 7 ‘‘(b) ADULT EMPLOYMENT AND TRAINING ACTIVI8 TIES.—There are authorized to be appropriated to carry 9 out the activities described in section 132(a)(1) 10 $912,218,500 for each of the fiscal years 2025 through 11 2030. 12 ‘‘(c) DISLOCATED WORKER EMPLOYMENT AND 13 TRAINING ACTIVITIES.—There are authorized to be ap14 propriated to carry out the activities described in section 15 132(a)(2) $1,391,483,193 for each of the fiscal years 16 2025 through 2030.’’. 17 Subtitle D—Job Corps 18 SEC. 151. PURPOSES. 19 Section 141 of the Workforce Innovation and Oppor20 tunity Act (29 U.S.C. 3191) is amended— 21 (1) by striking ‘‘centers’’ each place it appears 22 and inserting ‘‘campuses’’; and 23 (2) in paragraph (1)(A)— 24 (A) by striking ‘‘secondary school diplo25 mas’’ and inserting ‘‘regular high school diplo26 mas or their recognized equivalents’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01172 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1173. 1173 1 (B) in clause (i), by striking ‘‘or’’ at the 2 end; 3 (C) in clause (ii), by striking ‘‘, including 4 an apprenticeship program; and’’ and inserting 5 ‘‘; or’’; and 6 (D) by adding at the end the following: 7 ‘‘(iii) enrollment in an apprenticeship 8 program; and’’. 9 SEC. 152. DEFINITIONS. 10 Section 142 of the Workforce Innovation and Oppor11 tunity Act (29 U.S.C. 3192) is amended— 12 (1) in paragraphs (1), (7), (8), and (10), by 13 striking ‘‘center’’ each place it appears and inserting 14 ‘‘campus’’; 15 (2) in paragraph (1)(B), by inserting ‘‘the com16 munity in which the Job Corps campus is located or 17 the’’ after ‘‘serves’’; 18 (3) in paragraph (5)— 19 (A) by striking ‘‘secondary school diploma 20 or’’ and inserting ‘‘regular high school diploma 21 or its’’; 22 (B) by striking ‘‘that prepares’’ and insert23 ing ‘‘that— 24 ‘‘(A) prepares’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01173 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1174. 1174 1 (C) in subparagraph (A), as so redesig2 nated, by striking the period at the end and in3 serting ‘‘; and’’; and 4 (D) by adding at the end the following: 5 ‘‘(B) may lead to the attainment of a rec6 ognized postsecondary credential.’’; and 7 (4) in paragraph (7), by striking ‘‘CENTER’’ in 8 the heading and inserting ‘‘CAMPUS’’. 9 SEC. 153. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 10 Section 144 of the Workforce Innovation and Oppor11 tunity Act (29 U.S.C. 3194) is amended— 12 (1) in subsection (a)— 13 (A) in paragraph (1)— 14 (i) by striking ‘‘21’’ and inserting 15 ‘‘24’’; 16 (ii) by inserting ‘‘ or, if the date of 17 enrollment is not greater than 60 days 18 after the date of application, the date of 19 application,’’ after ‘‘enrollment,’’; 20 (iii) by amending subparagraph (A) to 21 read as follows: 22 ‘‘(A) an individual who is age 16 or 17 23 shall be eligible only upon an individual deter24 mination by the director of a Job Corps campus 25 that such individual meets the criteria described VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01174 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1175. 1175 1 in subparagraph (A) or (B) of section 2 145(b)(1); and’’; and 3 (iv) in subparagraph (B), by striking 4 ‘‘either’’; 5 (B) in paragraph (2), by inserting after 6 ‘‘individual’’ the following: ‘‘or a resident of a 7 qualified opportunity zone as defined in section 8 1400Z–1(a) of the Internal Revenue Code of 9 1986’’; and 10 (C) in paragraph (3)— 11 (i) by amending subparagraph (A) to 12 read as follows: 13 ‘‘(A) Has foundational skill needs.’’; and 14 (ii) in subparagraph (C)— 15 (I) by striking ‘‘A homeless indi16 vidual (as’’ and inserting ‘‘An indi17 vidual experiencing homelessness 18 (meaning a homeless individual as’’; 19 (II) by striking ‘‘(42 U.S.C. 20 14043e-2(6)))’’ and inserting ‘‘(34 21 U.S.C. 12473(6)))’’; and 22 (III) by striking ‘‘homeless child 23 or youth (as’’ and inserting ‘‘youth 24 experiencing homelessness (meaning a 25 homeless child or youth as’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01175 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1176. 1176 1 (2) in subsection (b)— 2 (A) in the heading, by inserting ‘‘AND 3 CERTAIN OTHER ARMED FORCES MEMBERS’’ 4 after ‘‘VETERANS’’; and 5 (B) by inserting ‘‘or a member of the 6 Armed Forces eligible for preseparation coun7 seling of the Transition Assistance Program 8 under section 1142 of title 10, United States 9 Code,’’ after ‘‘a veteran’’; and 10 (3) by inserting at the end the following: 11 ‘‘(c) SPECIAL RULE FOR YOUTH EXPERIENCING 12 HOMELESSNESS AND FOSTER YOUTH.—In determining 13 whether an individual is eligible to enroll for services 14 under this subtitle on the basis of being a youth experi15 encing homelessness, or a youth in foster care, as de16 scribed in subsection (a)(3)(C), staff shall— 17 ‘‘(1) if determining whether the individual is a 18 youth experiencing homelessness, use a process that 19 is in compliance with the requirements of subsection 20 (a) of section 479D of the Higher Education Act of 21 1965 (20 U.S.C. 1087uu–2) for financial aid admin22 istrators; and 23 ‘‘(2) if determining whether the individual is a 24 youth in foster care, use a process that is in compli25 ance with the requirements of subsection (b) of such VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01176 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1177. 1177 1 section 479D of the Higher Education Act of 1965 2 (20 U.S.C. 1087uu–2) for financial aid administra3 tors.’’. 4 SEC. 154. RECRUITMENT, SCREENING, SELECTION, AND AS5 SIGNMENT OF ENROLLEES. 6 Section 145 of the Workforce Innovation and Oppor7 tunity Act (29 U.S.C. 3195) is amended— 8 (1) in subsection (a)— 9 (A) in paragraph (2)— 10 (i) in subparagraph (A), by striking 11 ‘‘45’’ and inserting ‘‘55’’; 12 (ii) in subparagraph (D), by striking 13 ‘‘and’’; 14 (iii) in subparagraph (E), by striking 15 the period and inserting ‘‘; and’’; and 16 (iv) by adding at the end the fol17 lowing: 18 ‘‘(F) assist applicable one-stop centers and 19 other entities identified in paragraph (3) in de20 veloping joint applications for Job Corps, 21 YouthBuild, and the youth activities described 22 in section 129.’’; and 23 (2) in subsections (b), (c), and (d)— 24 (A) by striking ‘‘center’’ each place it ap25 pears and inserting ‘‘campus’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01177 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1178. 1178 1 (B) by striking ‘‘centers’’ each place it ap2 pears and inserting ‘‘campuses’’. 3 SEC. 155. JOB CORPS CAMPUSES. 4 Section 147 of the Workforce Innovation and Oppor5 tunity Act (29 U.S.C. 3197) is amended— 6 (1) in the heading, by striking ‘‘CENTERS’’ 7 and inserting ‘‘CAMPUSES’’; 8 (2) in subsection (a)— 9 (A) in paragraph (1)— 10 (i) by striking ‘‘center’’ each place it 11 appears and inserting ‘‘campus’’; and 12 (ii) in subparagraph (A), by inserting 13 after ‘‘area career and technical education 14 school,’’ the following: ‘‘an institution of 15 higher education,’’; 16 (B) in paragraph (2)— 17 (i) in subparagraph (A)— 18 (I) by striking ‘‘center’’ each 19 place it appears and inserting ‘‘cam20 pus’’; and 21 (II) by inserting after ‘‘United 22 States Code,’’ the following: ‘‘and sec23 tion 159(f)(2)(B)(i)(III),’’; and 24 (ii) in subparagraph (B)— 25 (I) in clause (i)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01178 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1179. 1179 1 (aa) by striking ‘‘operate a 2 Job Corps center’’ and inserting 3 ‘‘operate a Job Corps campus’’; 4 (bb) by striking subclause 5 (IV); 6 (cc) by redesignating sub7 clauses (I), (II), (III), and (V), 8 as subclauses (III), (IV), (V), 9 and (VI), respectively; 10 (dd) by inserting before sub11 clause (III), as so redesignated, 12 the following: 13 ‘‘(I)(aa) in the case of an entity 14 that has previously operated a Job 15 Corps campus, a numeric metric of 16 the past achievement on the primary 17 indicators of performance for eligible 18 youth described in section 19 116(b)(2)(A)(ii); or 20 ‘‘(bb) in the case of an entity that has 21 not previously operated a Job Corps cam22 pus, a comparable alternative numeric met23 ric on the past effectiveness of the entity 24 in successfully assisting at-risk youth to 25 connect to the labor force, based on such VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01179 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1180. 1180 1 primary indicators of performance for eligi2 ble youth; 3 ‘‘(II) in the case of an entity that 4 has previously operated a Job Corps 5 campus, any information regarding 6 the entity included in any report de7 veloped by the Office of Inspector 8 General of the Department of 9 Labor;’’; 10 (ee) in subclause (III), as so 11 redesignated, by striking ‘‘cen12 ter’’ and inserting ‘‘campus’’; 13 (ff) by amending subclause 14 (IV), as so redesignated, to read 15 as follows: 16 ‘‘(IV) the ability of the entity to 17 offer career and technical education 18 and training that has been proposed 19 by the workforce council under section 20 154(c), including— 21 ‘‘(aa) the degree to which 22 such education and training re23 flects employment opportunities 24 in the local areas in which enrollVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01180 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1181. 1181 1 ees at the campus intend to seek 2 employment; and 3 ‘‘(bb) the degree to which 4 such education and training leads 5 to a recognized postsecondary 6 credential, or postsecondary cred7 it, that permits articulation into 8 a higher level or other degree or 9 credential program;’’; 10 (gg) in subclause (V), as so 11 redesignated, by striking ‘‘center 12 is located;’’ and inserting ‘‘cam13 pus is located, including agree14 ments to provide off-campus 15 work-based learning opportunities 16 aligned with the career and tech17 nical education provided to en18 rollees; and’’; and 19 (hh) by amending subclause 20 (VI), as so redesignated, to read 21 as follows: 22 ‘‘(VI) the ability of the entity to 23 implement an effective behavior man24 agement plan, as described in section 25 152(a), and maintain a safe and seVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01181 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1182. 1182 1 cure learning environment for enroll2 ees.’’; and 3 (II) in clause (ii), by striking 4 ‘‘center’’ and inserting ‘‘campus’’; and 5 (C) in paragraph (3)— 6 (i) by striking ‘‘center’’ each place it 7 appears and inserting ‘‘campus’’; 8 (ii) in subparagraph (B), by inserting 9 ‘‘or postsecondary credit, which credit shall 10 permit articulation into a credential pro11 gram’’ after ‘‘program’’; 12 (iii) in subparagraph (D), by inserting 13 after ‘‘is located’’ the following: ‘‘, includ14 ing agreements to provide off-campus 15 work-based learning opportunities aligned 16 with the career and technical education 17 provided to enrollees’’; 18 (iv) by redesignating subparagraphs 19 (E), (F), (G), (H), (I), (J), and (K) as 20 subparagraphs (F), (G), (H), (I), (J), (K), 21 and (L), respectively; and 22 (v) by inserting after subparagraph 23 (D) the following: 24 ‘‘(E) A description of the policies that will 25 be implemented at the campus regarding secuVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01182 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1183. 1183 1 rity and access to campus facilities, including 2 procedures to report on and respond to viola3 tions of the disciplinary policy described in sec4 tion 152(b) and other emergencies occurring on 5 campus.’’; 6 (3) in subsection (b)— 7 (A) in the heading, by striking ‘‘CENTERS’’ 8 and inserting ‘‘CAMPUSES’’; 9 (B) by striking ‘‘center’’ each place it ap10 pears and inserting ‘‘campus’’; 11 (C) by striking ‘‘centers’’ each place it ap12 pears and inserting ‘‘campuses’’; 13 (D) in paragraph (2)(A), by striking ‘‘20 14 percent’’ and inserting ‘‘25 percent’’; and 15 (E) in paragraph (3)(A)(iv), by striking 16 ‘‘secondary school diplomas’’ and inserting 17 ‘‘regular high school diplomas’’; 18 (4) in subsection (c)— 19 (A) by striking ‘‘centers’’ and inserting 20 ‘‘campuses’’; and 21 (B) by striking ‘‘20 percent’’ and inserting 22 ‘‘30 percent’’; 23 (5) in subsection (d)— 24 (A) in the first sentence, by striking ‘‘cen25 ters’’ and inserting ‘‘campuses’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01183 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1184. 1184 1 (B) in the second sentence, by striking 2 ‘‘centers’’ and inserting ‘‘Centers’’; 3 (6) in subsection (e)— 4 (A) in paragraph (1), by striking ‘‘centers’’ 5 and inserting ‘‘campuses’’; and 6 (B) in paragraph (2), by striking ‘‘450b)’’ 7 and inserting ‘‘5304)’’; 8 (7) in subsection (f), by striking ‘‘2-year pe9 riod’’ and inserting ‘‘3-year period’’; and 10 (8) in subsection (g)— 11 (A) by striking ‘‘center’’ each place it ap12 pears and inserting ‘‘campus’’; 13 (B) in paragraph (1)— 14 (i) by striking subparagraphs (A) and 15 (B) and inserting the following: 16 ‘‘(A) failed to achieve an average of 80 17 percent or higher of the expected level of per18 formance under section 159(c)(1) across all of 19 the primary indicators of performance for eligi20 ble youth described in section 116(b)(2)(A)(ii); 21 or 22 ‘‘(B) failed to— 23 ‘‘(i) take reasonable measures to 24 achieve an average of 80 percent of the 25 planned average onboard strength that was VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01184 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1185. 1185 1 agreed to in the agreement described in 2 subsection (a)(1)(A); or 3 ‘‘(ii) achieve an average of 60 percent 4 of the planned average onboard strength 5 that was agreed to in the agreement de6 scribed in subsection (a)(1)(A).’’; 7 (C) in paragraph (2)(B), by inserting ‘‘or 8 onboard strength or enrollment’’ after ‘‘per9 formance’’; 10 (D) in paragraph (3), by striking ‘‘shall 11 provide’’ and inserting ‘‘shall provide, at least 12 30 days prior to renewing the agreement’’; and 13 (E) in paragraph (4)— 14 (i) in subparagraph (C), by striking 15 ‘‘and’’ after the semicolon; 16 (ii) by redesignating subparagraph 17 (D) as subparagraph (E); and 18 (iii) by inserting after subparagraph 19 (C) the following: 20 ‘‘(D) has maintained a safe and secure 21 campus environment; and’’. 22 SEC. 156. PROGRAM ACTIVITIES. 23 Section 148 of the Workforce Innovation and Oppor24 tunity Act (29 U.S.C. 3198) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01185 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1186. 1186 1 (1) by striking ‘‘center’’ each place it appears 2 and inserting ‘‘campus’’; 3 (2) by striking ‘‘centers’’ each place it appears 4 and inserting ‘‘campuses’’; 5 (3) in subsection (a)— 6 (A) in the subsection heading, by striking 7 ‘‘CENTERS’’ and inserting ‘‘CAMPUSES’’; 8 and 9 (B) in paragraph (1)— 10 (i) by inserting ‘‘incorporate the prin11 ciples of universal design for learning and 12 may’’ after ‘‘may’’; 13 (ii) by inserting before the period at 14 the end the following: ‘‘, and productive ac15 tivities, such as tutoring or other skills de16 velopment opportunities, for enrollees to 17 participate in outside of regular class time 18 and work hours’’; and 19 (iii) by striking ‘‘clauses (i) through 20 (xi) of section 134(c)(2)(A)’’ and inserting 21 ‘‘subclauses (I) through (V) of section 22 134(c)(2)(A)(ii) or in clauses (i) through 23 (viii) of section 134(c)(2)(B)’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01186 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1187. 1187 1 (4) in subsection (b), by striking ‘‘career and 2 technical educational institutions’’ and inserting 3 ‘‘area career and technical education schools’’; 4 (5) in subsection (c)(1)— 5 (A) by striking ‘‘the eligible providers’’ and 6 inserting ‘‘any eligible provider’’; and 7 (B) by inserting after ‘‘under section 122’’ 8 the following: ‘‘that is aligned with the career 9 and technical education an enrollee has com10 pleted’’; and 11 (6) in subsection (d), by inserting ‘‘, in coordi12 nation with the operator of the Job Corps program 13 in which a graduate was enrolled,’’ after ‘‘Sec14 retary’’. 15 SEC. 157. COUNSELING AND JOB PLACEMENT. 16 Section 149(b) of the Workforce Innovation and Op17 portunity Act (29 U.S.C. 3199(b)) is amended— 18 (1) by inserting ‘‘, in coordination with the op19 erator of a Job Corps campus,’’ after ‘‘The Sec20 retary’’; 21 (2) by inserting ‘‘assigned to such campus’’ 22 after ‘‘for enrollees’’; and 23 (3) by inserting ‘‘, in coordination with the op24 erator,’’ after ‘‘, the Secretary’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01187 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1188. 1188 1 SEC. 158. SUPPORT. 2 Section 150 of the Workforce Innovation and Oppor3 tunity Act (29 U.S.C. 3200) is amended— 4 (1) in subsection (a), by striking ‘‘centers’’ and 5 inserting ‘‘campuses’’; and 6 (2) by adding at the end the following: 7 ‘‘(d) PERIOD OF TRANSITION.—Notwithstanding the 8 requirements of section 146(b), a Job Corps graduate may 9 remain an enrollee and a resident of a Job Corps campus 10 for not more than one month after graduation as such 11 graduate transitions into independent living and employ12 ment if such graduate receives written approval from the 13 director of the Job Corps campus to remain such a resi14 dent.’’. 15 SEC. 159. OPERATIONS. 16 Section 151 of the Workforce Innovation and Oppor17 tunity Act (29 U.S.C. 3201) is amended— 18 (1) by striking ‘‘center’’ each place it appears 19 and inserting ‘‘campus’’; and 20 (2) by adding at the end the following: 21 ‘‘(d) LOCAL AUTHORITY.— 22 ‘‘(1) IN GENERAL.—Subject to the limitations 23 of the budget approved by the Secretary for a Job 24 Corps campus, the operator of a Job Corps campus 25 shall have the authority, without prior approval from 26 the Secretary, to— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01188 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1189. 1189 1 ‘‘(A) hire staff and provide staff profes2 sional development; 3 ‘‘(B) set terms and enter into agreements 4 with Federal, State, or local educational part5 ners, such as secondary schools, institutions of 6 higher education, child development centers, 7 units of Junior Reserve Officers’ Training 8 Corps programs established under section 2031 9 of title 10, United States Code, or employers; 10 and 11 ‘‘(C) engage with and educate stakeholders 12 (including eligible applicants for the Job Corps) 13 about Job Corps operations, selection proce14 dures, and activities. 15 ‘‘(2) NONAPPLICABILITY.—Notwithstanding 16 section 6702 of title 41, United States Code, or any 17 other provision of law, chapter 67 of such title shall 18 not apply to any agreement described in paragraph 19 (1)(B) for the purpose of providing child care to en20 rollees between an entity described in such para21 graph and an operator of a Job Corps campus, if 22 the operator is not using amounts made available 23 under this subtitle to pay for such child care serv24 ices. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01189 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1190. 1190 1 ‘‘(e) PRIOR NOTICE.—Prior to making a change to 2 the agreement described in section 147(a) or an operating 3 plan described in this section, the Secretary shall solicit 4 from the operators of the Job Corps campuses information 5 on any operational costs the operators expect to result 6 from such change.’’. 7 SEC. 160. STANDARDS OF CONDUCT. 8 Section 152 of the Workforce Innovation and Oppor9 tunity Act (29 U.S.C. 3202) is amended— 10 (1) by striking ‘‘centers’’ each place it appears 11 and inserting ‘‘campuses’’; 12 (2) in subsection (a), by inserting ‘‘As part of 13 the operating plan required under section 151(a), 14 the director of each Job Corps campus shall develop 15 and implement a behavior management plan con16 sistent with the standards of conduct and subject to 17 the approval of the Secretary.’’ at the end; 18 (3) in subsection (b)(2)— 19 (A) in subparagraph (A), by striking ‘‘or 20 disruptive’’; and 21 (B) in subparagraph (C)(ii), by inserting 22 ‘‘, subject to the appeal process described in 23 subsection (c)’’ after ‘‘subparagraph (A)’’; and 24 (4) by amending subsection (c) to read as fol25 lows: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01190 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1191. 1191 1 ‘‘(c) APPEAL PROCESS.— 2 ‘‘(1) ENROLLEE APPEALS.—A disciplinary 3 measure taken by a director under this section shall 4 be subject to expeditious appeal in accordance with 5 procedures established by the Secretary. 6 ‘‘(2) DIRECTOR APPEALS.— 7 ‘‘(A) IN GENERAL.—Not later than 1 year 8 after the date of enactment of the A Stronger 9 Workforce for America Act, the Secretary shall 10 establish an appeals process under which the di11 rector of a Job Corps campus may submit a re12 quest that an enrollee who has engaged in an 13 activity which is a violation of the guidelines es14 tablished pursuant to subsection (b)(2)(A) re15 main enrolled in the program, but be subject to 16 other disciplinary actions in lieu of automatic 17 separation from the program. 18 ‘‘(B) CONTENTS.—A request under sub19 paragraph (A) shall include— 20 ‘‘(i) a signed certification from the di21 rector attesting that, to the belief of the di22 rector, the continued enrollment of such 23 enrollee would not impact the safety or 24 learning environment of the campus; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01191 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1192. 1192 1 ‘‘(ii) the behavioral records of such 2 enrollee. 3 ‘‘(C) DEFAULT APPROVAL.—The Secretary 4 shall review such appeal within 30 days of re5 ceiving such appeal and either approve or deny 6 the appeal. An appeal shall be considered ap7 proved if the Secretary has not denied such ap8 peal after 30 days.’’. 9 SEC. 161. COMMUNITY PARTICIPATION. 10 Section 153 of the Workforce Innovation and Oppor11 tunity Act (29 U.S.C. 3203) is amended— 12 (1) by striking ‘‘center’’ each place it appears 13 and inserting ‘‘campus’’; 14 (2) in subsection (a), by striking ‘‘centers’’ and 15 inserting ‘‘campuses’’; 16 (3) in subsection (b)(1)(C)— 17 (A) in clause (iii), by striking ‘‘and’’ at the 18 end; and 19 (B) by adding at the end the following: 20 ‘‘(v) industry or sector partnerships, where 21 applicable; and’’; and 22 (4) in subsection (c), in the heading, by striking 23 ‘‘CENTERS’’ and inserting ‘‘CAMPUSES’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01192 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1193. 1193 1 SEC. 162. WORKFORCE COUNCILS. 2 Section 154 of the Workforce Innovation and Oppor3 tunity Act (29 U.S.C. 3204) is amended— 4 (1) by striking ‘‘center’’ each place it appears 5 and inserting ‘‘campus’’; 6 (2) in subsection (b)(1)— 7 (A) in subparagraph (B), by striking 8 ‘‘and’’ at the end; 9 (B) by redesignating subparagraph (C) as 10 subparagraph (D); and 11 (C) by inserting the following after sub12 paragraph (B): 13 ‘‘(C) representatives of community-based 14 organizations; and’’; 15 (3) in subsection (c)(2)(C), by inserting ‘‘, rec16 ognized postsecondary credentials,’’ after ‘‘skills’’; 17 and 18 (4) in subsection (d), in the heading, by strik19 ing ‘‘NEW CENTERS’’ and inserting ‘‘NEW CAM20 PUSES’’. 21 SEC. 163. ADVISORY COMMITTEES. 22 Section 155 of the Workforce Innovation and Oppor23 tunity Act (29 U.S.C. 3205) is amended— 24 (1) by striking ‘‘The Secretary’’ and inserting 25 ‘‘(a) IN GENERAL.—The Secretary’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01193 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1194. 1194 1 (2) by striking ‘‘centers’’ and inserting ‘‘cam2 puses’’; 3 (3) by striking ‘‘center’’ and inserting ‘‘cam4 pus’’; and 5 (4) by adding at the end the following: 6 ‘‘(b) ADVISORY COMMITTEE TO IMPROVE JOB CORPS 7 SAFETY AND PERFORMANCE.—Not later than one year 8 after the date of enactment of the A Stronger Workforce 9 for America Act, the Secretary shall establish an advisory 10 committee to provide recommendations on effective or evi11 dence-based strategies to improve— 12 ‘‘(1) safety, security, and learning conditions on 13 Job Corps campuses; 14 ‘‘(2) the standards for campus safety estab15 lished under section 159(c)(4); 16 ‘‘(3) the levels of performance established under 17 section 159(c)(1), including recommendations to im18 prove the effectiveness and rigor of such levels of 19 performance and recommendations to ensure such 20 levels promote continuous performance improvement; 21 and 22 ‘‘(4) the effectiveness of performance improve23 ment plans and other measures to continuously im24 prove the performance of the Job Corps program.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01194 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1195. 1195 1 SEC. 164. EXPERIMENTAL PROJECTS AND TECHNICAL AS2 SISTANCE. 3 Section 156 of the Workforce Innovation and Oppor4 tunity Act (29 U.S.C. 3206) is amended— 5 (1) by striking ‘‘center’’ and inserting ‘‘cam6 pus’’; 7 (2) by striking ‘‘centers’’ and inserting ‘‘cam8 puses’’; and 9 (3) in subsection (b)— (A) by striking ‘‘1 10 ⁄4 of 1 percent to pro11 vide’’ and inserting ‘‘1.25 percent to provide’’; 12 and 13 (B) in paragraph (1), by striking ‘‘and’’ at 14 the end of subparagraph (C) and by adding at 15 the end the following: 16 ‘‘(D) in the development and implementa17 tion of a behavior management plan under sec18 tion 152(a); and 19 ‘‘(E) in complying with the campus and 20 student safety standards described in section 21 159(c)(4); and’’. 22 SEC. 165. SPECIAL PROVISIONS. 23 Section 158 of the Workforce Innovation and Oppor24 tunity Act (29 U.S.C. 3208) is amended— 25 (1) by striking ‘‘center’’ each place it appears 26 and inserting ‘‘campus’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01195 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1196. 1196 1 (2) in subsection (f)— 2 (A) by striking ‘‘may accept on behalf of 3 the Job Corps or individual Job Corps cam4 puses charitable donations of cash’’ and insert5 ing ‘‘(or the Secretary of Agriculture, as appro6 priate), on behalf of the Job Corps, or a Job 7 Corps campus operator, on behalf of such cam8 pus, may accept grants, charitable donations of 9 cash,’’; and 10 (B) by inserting at the end the following: 11 ‘‘Notwithstanding sections 501(b) and 522 of 12 title 40, United States Code, any property ac13 quired by a Job Corps campus shall be directly 14 transferred, on a nonreimbursable basis, to the 15 Secretary.’’. 16 SEC. 166. MANAGEMENT INFORMATION. 17 (a) LEVELS OF PERFORMANCE.—Section 159 of the 18 Workforce Innovation and Opportunity Act (29 U.S.C. 19 3209) is amended— 20 (1) by striking ‘‘center’’ each place it appears 21 and inserting ‘‘campus’’; 22 (2) in subsection (c)— 23 (A) in paragraph (1)— 24 (i) by striking ‘‘The Secretary’’ and 25 inserting the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01196 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1197. 1197 1 ‘‘(A) IN GENERAL.—The Secretary’’; 2 (ii) by inserting ‘‘that are ambitious 3 yet achievable and’’ after ‘‘program’’; and 4 (iii) by adding at the end the fol5 lowing new subparagraphs: 6 ‘‘(B) LEVELS OF PERFORMANCE.—In es7 tablishing the expected levels of performance 8 under subparagraph (A) for a Job Corps cam9 pus, the Secretary may take into account fac10 tors including— 11 ‘‘(i) how the levels involved compare 12 with the recent performance of such cam13 pus and the performance of other cam14 puses within the same State or geographic 15 region; 16 ‘‘(ii) the levels of performance set for 17 the primary indicators of performance de18 scribed in section 116(b)(2)(A)(ii) for the 19 youth programs authorized under chapter 20 2 of subtitle B for the State in which the 21 campus is located; 22 ‘‘(iii) the extent to which the levels in23 volved promote continuous improvement in 24 performance on the primary indicators of 25 performance by such campus and ensure VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01197 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1198. 1198 1 optimal return on the use of Federal 2 funds; and 3 ‘‘(iv) any other considerations identi4 fied by the Secretary after reviewing the 5 recommendations of the advisory group de6 scribed in section 155(b). 7 ‘‘(C) PERFORMANCE PER CONTRACT.—The 8 Secretary shall ensure the expected levels of 9 performance are established in the relevant con10 tract or agreement. 11 ‘‘(D) ADJUSTMENTS BASED ON ECONOMIC 12 CONDITIONS AND INDIVIDUALS SERVED DURING 13 THE PROGRAM YEAR.— 14 ‘‘(i) IN GENERAL.—In the event of a 15 significant economic downturn, the Sec16 retary shall adjust the applicable levels of 17 performance for each of the campuses for 18 a program year to reflect the actual eco19 nomic conditions during such program 20 year. 21 ‘‘(ii) REPORT TO CONGRESS.—Prior 22 to implementing the adjustments described 23 in clause (i), the Secretary shall submit to 24 the Committee on Education and the 25 Workforce of the House of Representatives VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01198 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1199. 1199 1 and the Committee on Health, Education, 2 Labor, and Pensions of the Senate a re3 port explaining the reason for such adjust4 ments. 5 ‘‘(E) REVIEW OF LEVELS OF PERFORM6 ANCE.—The Office of Inspector General of the 7 Department of Labor shall, every 5 years, sub8 mit to the Committee on Education and the 9 Workforce of the House of Representatives and 10 the Committee on Health, Education, Labor, 11 and Pensions of the Senate, and publish in the 12 Federal Register and on a publicly available 13 website of the Department, a report con14 taining— 15 ‘‘(i) a quadrennial review of the ex16 pected levels of performance; and 17 ‘‘(ii) an evaluation of whether— 18 ‘‘(I) the Secretary is establishing 19 such expected levels of performance in 20 accordance with this Act; and 21 ‘‘(II) such expected levels have 22 led to continued improvement of the 23 Job Corps program.’’; 24 (B) in paragraph (2)(B), by striking ‘‘(L), 25 and (M)’’ and inserting ‘‘(M), and (N)’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01199 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1200. 1200 1 (C) in paragraph (3)(B), by striking ‘‘(J), 2 and (K)’’ and inserting ‘‘(K), and (L)’’; 3 (D) by redesignating paragraph (4) as 4 paragraph (5); 5 (E) by inserting after paragraph (3) the 6 following: 7 ‘‘(4) CAMPUS SAFETY.— 8 ‘‘(A) IN GENERAL.—The Secretary shall 9 establish campus and student safety standards. 10 The Secretary shall provide technical assistance 11 and develop a safety improvement plan for a 12 Job Corps campus that fails to achieve such 13 standards. 14 ‘‘(B) CONSIDERATIONS.—In establishing 15 the campus and student safety standards under 16 subparagraph (A), the Secretary shall take into 17 account— 18 ‘‘(i) incidents related to safety that 19 are reported to the Secretary; 20 ‘‘(ii) survey data from enrollees, fac21 ulty, staff, and community members; and 22 ‘‘(iii) any other considerations identi23 fied by the Secretary after reviewing the 24 recommendations of the advisory group de25 scribed in section 155(b).’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01200 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1201. 1201 1 (F) in paragraph (5), as so redesignated— 2 (i) in subparagraph (A), by striking 3 ‘‘and’’ at the end; 4 (ii) in subparagraph (B), by striking 5 the period at the end and inserting a semi6 colon; and 7 (iii) by adding at the end the fol8 lowing: 9 ‘‘(C) the number of contracts that were 10 awarded a renewal compared to those eligible 11 for a renewal; 12 ‘‘(D) the number of campuses where the 13 contract was awarded to a new operator; and 14 ‘‘(E) the number of campuses that were 15 required to receive performance improvement, 16 as described under subsection (f)(2).’’; and 17 (G) by adding at the end the following: 18 ‘‘(6) WAGE RECORDS.—The Secretary shall 19 make arrangements with a State or other appro20 priate entity to facilitate the use of State wage 21 records to evaluate the performance of Job Corps 22 campuses on the employment and earnings indica23 tors described in clause (i)(III) of subparagraph (A) 24 of section 116(b)(2) and subclauses (I) and (II) of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01201 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1202. 1202 1 clause (ii) of such subparagraph for the purposes of 2 the report required under paragraph (5).’’; 3 (3) in subsection (d)(1)— 4 (A) by inserting ‘‘and make available on 5 the website of the Department pertaining to the 6 Job Corps program in a manner that is con7 sumer-tested to ensure it is easily understood, 8 searchable, and navigable,’’ after ‘‘subsection 9 (c)(4),’’; 10 (B) in subparagraph (B), by striking ‘‘gen11 der’’ and inserting ‘‘sex’’; 12 (C) in subparagraph (F), by striking ‘‘reg13 ular secondary school diploma’’ and inserting 14 ‘‘regular high school diploma’’; 15 (D) in subparagraph (G), by striking ‘‘reg16 ular secondary school diploma’’ and inserting 17 ‘‘regular high school diploma’’; 18 (E) by redesignating subparagraphs (J) 19 through (O) as subparagraphs (K) through (P), 20 respectively; and 21 (F) by inserting the following after sub22 paragraph (I): 23 ‘‘(J) the number of appeals under section 24 152(c) and a description of each appeal that 25 was approved;’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01202 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1203. 1203 1 (4) in subsection (e), by striking ‘‘116(i)(2)’’ 2 and inserting ‘‘116(j)(2)’’; and 3 (5) in subsection (g)(2), by striking ‘‘comply’’ 4 and inserting ‘‘attest to compliance’’. 5 (b) PERFORMANCE ASSESSMENTS AND IMPROVE6 MENTS.—Section 159(f) of the Workforce Innovation and 7 Opportunity Act (29 U.S.C. 3209) is amended to read as 8 follows: 9 ‘‘(f) PERFORMANCE ASSESSMENTS AND IMPROVE10 MENTS.— 11 ‘‘(1) ASSESSMENTS.—The Secretary shall con12 duct an annual assessment of the performance of 13 each Job Corps campus on the primary indicators of 14 performance described in section 116(b)(2)(A)(ii), 15 where each indicator shall be given equal weight in 16 determining the overall performance of the campus. 17 Based on the assessment, the Secretary shall take 18 measures to continuously improve the performance 19 of the Job Corps program. 20 ‘‘(2) PERFORMANCE IMPROVEMENT.— 21 ‘‘(A) COMPREHENSIVE IMPROVEMENT.— 22 ‘‘(i) IN GENERAL.—With respect to a 23 Job Corps campus that, for a program 24 year, performs as described in clause (ii) 25 and is not already subject to a performVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01203 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1204. 1204 1 ance improvement plan under this para2 graph for such program year or the suc3 ceeding program year, the Secretary shall 4 develop and implement, for a comprehen5 sive improvement period beginning with 6 the succeeding program year, a perform7 ance improvement plan that meets the re8 quirements of clause (iii). 9 ‘‘(ii) PERFORMANCE FAILURES.—A 10 Job Corps campus performs as described 11 in this clause if, for a program year, such 12 campus— 13 ‘‘(I) fails to meet an average of 14 90 percent on the expected levels of 15 performance across all the primary in16 dicators of performance specified in 17 subsection (c)(1); and 18 ‘‘(II) is ranked among the lowest 19 20 percent of all Job Corps campuses. 20 ‘‘(iii) PERFORMANCE IMPROVEMENT 21 PLAN REQUIREMENTS.—A performance im22 provement plan, with respect to a Job 23 Corps campus, shall require the Secretary 24 to take substantial action during a 3 con25 secutive program year period (in this paraVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01204 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1205. 1205 1 graph, referred to as a ‘comprehensive im2 provement period’) to improve the perform3 ance of such campus, which shall include— 4 ‘‘(I) providing technical assist5 ance to the campus; 6 ‘‘(II) changing the management 7 staff of the campus; 8 ‘‘(III) changing the career and 9 technical education and training of10 fered at the campus; 11 ‘‘(IV) replacing the operator of 12 the campus; or 13 ‘‘(V) reducing the capacity of the 14 campus. 15 ‘‘(B) CHRONIC FAILURE.— 16 ‘‘(i) IN GENERAL.—With respect to a 17 Job Corps campus that, for the two con18 secutive program years immediately fol19 lowing a comprehensive improvement pe20 riod and regardless of whether such cam21 pus is subject to a subsequent comprehen22 sive improvement period, fails to meet an 23 average of 85 percent on the expected lev24 els of performance across all the primary 25 indicators and is ranked among the lowest VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01205 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1206. 1206 1 15 percent of all Job Corps campuses, the 2 Secretary shall take further substantial ac3 tion to improve the performance of such 4 campus, which shall include— 5 ‘‘(I) relocating the campus; 6 ‘‘(II) closing the campus; or 7 ‘‘(III) notifying the State in 8 which the campus is located of such 9 failure and, if such State submits a 10 written plan to operate a residential 11 campus in the current location, the 12 Secretary— 13 ‘‘(aa) shall enter into a 14 memorandum of understanding 15 with the State for the purpose of 16 so operating a residential campus 17 and award funding directly to the 18 State for such purpose; 19 ‘‘(bb) may encourage inno20 vation in such memorandum of 21 understanding by waiving any 22 statutory or regulatory require23 ment of this subtitle except for 24 those related to participant eligi25 bility under section 144, program VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01206 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1207. 1207 1 activities under section 148, 2 counseling and job placement 3 under section 149, standards of 4 conduct under section 152, and 5 performance reporting and ac6 countability under this section; 7 and 8 ‘‘(cc) if a State chooses to 9 award funds received under this 10 clause to an entity that is not a 11 State agency or other State enti12 ty, require that such State de13 velop award criteria that will give 14 priority consideration for the pri15 mary contract or grant for oper16 ation of the campus to any appli17 cant that is a non-profit organi18 zation with expertise in serving 19 opportunity youth and that oth20 erwise meets such award criteria. 21 ‘‘(ii) INDIAN TRIBES.— 22 ‘‘(I) IN GENERAL.—In the case 23 of a Job Corps campus described in 24 clause (i) that is located on an Indian VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01207 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1208. 1208 1 reservation, subclause (III) of such 2 clause shall be applied by— 3 ‘‘(aa) by substituting ‘Indian 4 Tribe’ for ‘State’ in each place it 5 appears; and 6 ‘‘(bb) in item (cc), by sub7 stituting ‘Tribal organization’ for 8 ‘State agency or other State enti9 ty’. 10 ‘‘(II) DEFINITION.—In this para11 graph, the terms ‘Indian Tribe’ and 12 ‘Tribal organization’ have the mean13 ings given such terms in subsections 14 (e) and (l), respectively, of section 4 15 of the Indian Self-Determination and 16 Education Assistance Act (25 U.S.C. 17 5304). 18 ‘‘(3) ADDITIONAL PERFORMANCE IMPROVE19 MENT.—In addition to the performance improvement 20 plans required under paragraph (2), the Secretary 21 may develop and implement additional performance 22 improvement plans for a Job Corps campus that 23 fails to meet criteria established by the Secretary 24 other than the expected levels of performance de25 scribed in subsection (c)(1). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01208 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1209. 1209 1 ‘‘(4) CIVILIAN CONSERVATION CENTERS.—With 2 respect to a Civilian Conservation Center that, for 3 3 consecutive program years, fails to meet an average 4 of 90 percent of the expected levels of performance 5 across all the primary indicators of performance 6 specified in subsection (c)(1) and is ranked among 7 the lowest 15 percent of campuses, the Secretary of 8 Labor or, if appropriate, the Secretary of Agri9 culture shall select, on a competitive basis, an entity 10 to operate part or all of the Civilian Conservation 11 Center in accordance with the requirements of sec12 tion 147.’’. 13 (c) CONFORMING AMENDMENTS.—Section 159 of the 14 Workforce Innovation and Opportunity Act (29 U.S.C. 15 3209) is further amended— 16 (1) in subsection (a)(3), by striking ‘‘centers’’ 17 and inserting ‘‘campuses’’; 18 (2) in subsection (g)(1), in the heading, by 19 striking ‘‘CENTER’’ and inserting ‘‘CAMPUS’’; and 20 (3) in subsection (j), in the heading, by striking 21 ‘‘CENTER’’ and inserting ‘‘CAMPUS’’. 22 SEC. 167. JOB CORPS OVERSIGHT AND REPORTING. 23 Section 161 of the Workforce Innovation and Oppor24 tunity Act (29 U.S.C. 3211) is amended— 25 (1) in subsection (c)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01209 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1210. 1210 1 (A) in the heading, by striking ‘‘CENTER’’ 2 and inserting ‘‘CAMPUS’’; and 3 (B) by striking ‘‘center’’ and inserting 4 ‘‘campus’’; 5 (2) by redesignating subsection (d) as sub6 section (e); and 7 (3) by inserting after subsection (c) the fol8 lowing new subsection: 9 ‘‘(d) REPORT ON IMPLEMENTATION OF REC10 OMMENDATIONS.—The Secretary shall, on an annual 11 basis, prepare and submit to the applicable committees a 12 report regarding the implementation of all outstanding 13 recommendations regarding the Job Corps program from 14 the Office of Inspector General of the Department of 15 Labor or the Government Accountability Office.’’. 16 SEC. 168. AUTHORIZATION OF APPROPRIATIONS. 17 Section 162 of the Workforce Innovation and Oppor18 tunity Act (29 U.S.C. 3212) is amended to read as follows: 19 ‘‘SEC. 162. AUTHORIZATION OF APPROPRIATIONS. 20 ‘‘There are authorized to be appropriated to carry out 21 this subtitle $1,760,155,000 for each of the fiscal years 22 2025 through 2030.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01210 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1211. 1211 1 SEC. 169. CONFORMING AMENDMENTS. 2 Section 146(a) of the Workforce Innovation and Op3 portunity Act (29 U.S.C. 3196(a)) is amended by striking 4 ‘‘App. 451’’ and inserting ‘‘3801’’. 5 Subtitle E—National Programs 6 SEC. 171. NATIVE AMERICAN PROGRAMS. 7 Section 166 of the Workforce Innovation and Oppor8 tunity Act (29 U.S.C. 3221) is amended— 9 (1) in subsection (a)(2), by striking ‘‘(25 10 U.S.C. 450 et seq.)’’ and inserting ‘‘(25 U.S.C. 11 5301 et seq.)’’; 12 (2) in subsection (b)— 13 (A) in paragraph (2), by striking ‘‘(25 14 U.S.C. 450b)’’ and inserting ‘‘(25 U.S.C. 15 5304)’’; and 16 (B) in paragraph (3), by inserting ‘‘(20 17 U.S.C. 7517)’’ before the period at the end; 18 (3) in subsection (d)(1)— 19 (A) in subparagraph (A), by striking 20 ‘‘and’’; 21 (B) in subparagraph (B)— 22 (i) by striking ‘‘leading’’ and inserting 23 ‘‘or self-employment that leads’’; and 24 (ii) by striking the period at the end 25 and inserting ‘‘; and’’; and 26 (C) by adding at the end the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01211 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1212. 1212 1 ‘‘(C) are evidence-based, to the extent 2 practicable.’’; 3 (4) in subsection (d)(2), by striking subpara4 graph (B) and inserting the following: 5 ‘‘(B) ADMINISTRATIVE COSTS.—Not more 6 than 15 percent of the funds made available to 7 an entity under subsection (c) may be used for 8 the administrative costs of the activities and 9 services described in subparagraph (A). 10 ‘‘(C) SPECIAL RULES.— 11 ‘‘(i) ELIGIBILITY.—Notwithstanding 12 any other provision of this section, individ13 uals who were eligible to participate in pro14 grams under section 401 of the Job Train15 ing Partnership Act (as such section was 16 in effect on the day before the date of en17 actment of the Workforce Investment Act 18 of 1998) shall be eligible to participate in 19 an activity assisted under this section. 20 ‘‘(ii) TRANSFER OF UNOBLIGATED 21 FUNDS.—An entity receiving funds under 22 subsection (c) may transfer such funds 23 that are unobligated for an award year to 24 the following award year for activities deVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01212 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1213. 1213 1 scribed in subparagraph (A)(i) in that fol2 lowing award year.’’; 3 (5) in subsection (e)(3), by inserting ‘‘or to de4 velop skills necessary for successful self-employ5 ment’’ before the semicolon at the end; 6 (6) in subsection (h)— 7 (A) in paragraph (1)— 8 (i) in the heading, by striking the 9 heading and inserting ‘‘PERFORMANCE 10 STANDARDS’’; 11 (ii) by striking subparagraph (A) and 12 inserting the following: 13 ‘‘(A) CONSULTATION ON PERFORMANCE 14 STANDARDS.—The Secretary, in consultation 15 with the Native American Employment and 16 Training Council, shall develop performance 17 standards on the primary indicators of perform18 ance described in section 116(b)(2)(A) that 19 shall be applicable to programs under this sec20 tion.’’; and 21 (iii) in subparagraph (B), in the mat22 ter preceding clause (i), by striking ‘‘indi23 cators and’’; 24 (B) in paragraph (2), by striking ‘‘section 25 116(b)(2)(A)’’ and all that follows through the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01213 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1214. 1214 1 period at the end of the paragraph and insert2 ing the following: ‘‘section 116(b)(2)(A)— 3 ‘‘(A) taking into consideration— 4 ‘‘(i) economic conditions; 5 ‘‘(ii) characteristics and needs of the 6 individuals and groups served, including 7 the differences in needs among such 8 groups in various geographic service areas; 9 and 10 ‘‘(iii) other appropriate factors, in11 cluding the economic circumstances of the 12 communities served; and 13 ‘‘(B) using, to the extent practicable, the 14 statistical adjustment model under section 15 116(b)(3)(A)(viii).’’; and 16 (C) by adding at the end the following: 17 ‘‘(3) PROGRAM PLAN.—The levels agreed to 18 under paragraph (2) shall be the adjusted levels of 19 performance and shall be incorporated in the pro20 gram plan. 21 ‘‘(4) WAGE RECORDS.— 22 ‘‘(A) IN GENERAL.—The Secretary shall 23 make arrangements with any State or other ap24 propriate entity to facilitate the use of State 25 wage records to evaluate the performance of enVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01214 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1215. 1215 1 tities funded under this section on the employ2 ment and earnings indicators described in sub3 clauses (I) through (III) of section 4 116(b)(2)(A)(i) for the purposes of the report 5 required under paragraph (5). 6 ‘‘(B) OTHER WAGE RECORDS.—For any 7 individual working in Indian country (as de8 fined in section 1151 of title 18, United States 9 Code) whose wages are not submitted to a rel10 evant State as an unemployment insurance 11 wage record, the Indian tribe with jurisdiction 12 over that Indian country may submit other 13 forms of documentation of the wages of such in14 dividual to the State for purposes of the report 15 required under paragraph (5). 16 ‘‘(5) PERFORMANCE RESULTS.—For each pro17 gram year, the Secretary shall make available on a 18 publicly accessible website of the Department of 19 Labor a report on the performance, during such pro20 gram year, of entities funded under this section 21 on— 22 ‘‘(A) the primary indicators of performance 23 described in section 116(b)(2)(A); and 24 ‘‘(B) the adjusted levels of performance for 25 such entities as described in paragraph (2).’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01215 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1216. 1216 1 (7) in subsection (i)— 2 (A) in paragraph (4)— 3 (i) in subparagraph (A)— 4 (I) by striking ‘‘Using’’ and in5 serting the following: 6 ‘‘(i) ESTABLISHMENT.—Using’’; and 7 (II) by adding at the end the fol8 lowing: 9 ‘‘(ii) RECOMMENDATIONS.—The Sec10 retary shall meet, on not less than an an11 nual basis, with the Council to consider 12 recommendations from the Council on the 13 operation and administration of the pro14 grams assisted under this section.’’; 15 (ii) in subparagraph (B)— 16 (I) by striking ‘‘The Council’’ 17 and inserting the following: 18 ‘‘(i) IN GENERAL.—The Council’’; and 19 (II) by inserting at the end the 20 following: 21 ‘‘(ii) VACANCIES.—An individual ap22 pointed to fill a vacancy on the Council oc23 curring before the expiration of the term 24 for which the predecessor of such indi25 vidual was appointed shall be appointed VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01216 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1217. 1217 1 only for the remainder of that term. Such 2 an individual may serve on the Council 3 after the expiration of such term until a 4 successor is appointed.’’; and 5 (iii) in subparagraph (F), by inserting 6 ‘‘, virtually or in person’’ before the period 7 at the end; and 8 (B) in paragraph (6)— 9 (i) by striking ‘‘more than one State’’ 10 and inserting ‘‘a State’’; 11 (ii) by inserting ‘‘or provided by an12 other grantee that receives funds awarded 13 under subtitle B from any State for adult, 14 youth, or dislocated worker programs’’ 15 after ‘‘this title’’; 16 (iii) by striking ‘‘Governors of the af17 fected States’’ and inserting ‘‘Governor of 18 any affected State’’; and 19 (iv) by striking ‘‘the States’’ and in20 serting ‘‘the State or other grantee’’; and 21 (8) by amending subsection (k)(2) to read as 22 follows: 23 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 24 There are authorized to be appropriated to carry out VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01217 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1218. 1218 1 this subsection $542,000 for each of the fiscal years 2 2025 through 2030.’’. 3 SEC. 172. MIGRANT AND SEASONAL FARMWORKER PRO4 GRAMS. 5 Section 167 of the Workforce Innovation and Oppor6 tunity Act (29 U.S.C. 3222) is amended— 7 (1) in subsection (b)— 8 (A) by striking ‘‘To be’’ and inserting the 9 following: 10 ‘‘(1) IN GENERAL.—To be’’; and 11 (B) by adding at the end the following: 12 ‘‘(2) PROHIBITION ON GEOGRAPHIC LIMITA13 TIONS.—In determining eligibility under paragraph 14 (1), the Secretary may not place limitations on the 15 geographic location of the entity or on the intended 16 area to be served.’’; 17 (2) in subsection (c), by adding at the end the 18 following: 19 ‘‘(5) WAGE RECORDS.—The Secretary shall 20 make arrangements with a State or other appro21 priate entity to facilitate the use of State wage 22 records to evaluate the performance of entities fund23 ed under this section on the employment and earn24 ings indicators described in subclauses (I) through VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01218 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1219. 1219 1 (III) of section 116(b)(2)(A)(i) for the purposes of 2 the report required under paragraph (6). 3 ‘‘(6) PERFORMANCE RESULTS.—For each pro4 gram year, the Secretary shall make available on a 5 publicly accessible website of the Department a re6 port on the performance, during such program year, 7 of entities funded under this section on— 8 ‘‘(A) the primary indicators of performance 9 described in section 116(b)(2)(A); and 10 ‘‘(B) the adjusted levels of performance for 11 such entities as described in paragraph (3).’’; 12 (3) in subsection (d)(1), by inserting ‘‘develop13 ment of digital literacy skills,’’ after ‘‘literacy in14 struction,’’; 15 (4) by redesignating subsections (e) through (i) 16 as subsections (f) through (j), respectively; 17 (5) by inserting after subsection (d) the fol18 lowing: 19 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 10 20 percent of the funds provided to an entity under this sec21 tion may be used for the administrative costs of the activi22 ties and services carried out under subsection (d).’’; and 23 (6) in subsection (i), as so redesignated— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01219 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1220. 1220 1 (A) in the heading, by striking ‘‘ALLOCA2 TION’’ and inserting ‘‘ALLOCATION; FUNDING 3 OBLIGATION’’; 4 (B) by striking ‘‘From’’ and inserting the 5 following: 6 ‘‘(1) FUNDING ALLOCATION.—From’’; and 7 (C) by adding at the end the following: 8 ‘‘(2) FUNDING OBLIGATION.—Funds appro9 priated and made available to carry out this section 10 for any fiscal year may be obligated by the Secretary 11 during the period beginning on April 1 of the cal12 endar year that begins during such fiscal year and 13 ending on June 30 of the following calendar year to 14 be made available to an entity described in sub15 section (b).’’. 16 SEC. 173. TECHNICAL ASSISTANCE. 17 (a) GENERAL TECHNICAL ASSISTANCE.—Section 18 168(a)(1) of the Workforce Innovation and Opportunity 19 Act (29 U.S.C. 3223(a)(1)) is amended— 20 (1) by striking ‘‘appropriate training, technical 21 assistance, staff development’’ and inserting ‘‘appro22 priate education, technical assistance, professional 23 development for staff’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01220 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1221. 1221 1 (2) in subparagraphs (B), (C), and (D), by 2 striking ‘‘training’’ each place it appears and insert3 ing ‘‘professional development’’; 4 (3) by redesignating subparagraphs (G) and 5 (H) as subparagraphs (J) and (K), respectively; and 6 (4) by inserting after subparagraph (F) the fol7 lowing: 8 ‘‘(G) assistance to the one-stop delivery 9 system and the Employment Service established 10 under the Wagner-Peyser Act for the integra11 tion of basic career service activities pursuant 12 to section 134(c)(2)(A); 13 ‘‘(H) assistance to States with maintain14 ing, and making accessible to jobseekers and 15 employers, the lists of eligible providers of 16 training services required under section 122; 17 ‘‘(I) assistance to States that apply for 18 such assistance under section 122(j) for the 19 purposes described in such subsection;’’. 20 (b) PERFORMANCE ACCOUNTABILITY TECHNICAL 21 ASSISTANCE.—Section 168(b) of the Workforce Innova22 tion and Opportunity Act (29 U.S.C. 3223(b)) is amend23 ed— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01221 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1222. 1222 1 (1) in the header, by striking ‘‘DISLOCATED 2 WORKER’’ and inserting ‘‘PERFORMANCE ACCOUNT3 ABILITY’’; and 4 (2) in paragraph (1)— 5 (A) in the first sentence— 6 (i) by inserting ‘‘, pursuant to para7 graphs (1) and (2) of section 116(f),’’ after 8 ‘‘technical assistance’’; and 9 (ii) by striking ‘‘with respect to em10 ployment and training activities for dis11 located workers’’ and inserting ‘‘with re12 spect to the core programs’’; and 13 (B) in the second sentence— 14 (i) by striking ‘‘assistance to dis15 located workers’’ and inserting ‘‘assistance 16 to individuals served by a core program’’; 17 and 18 (ii) by striking ‘‘provided to dislocated 19 workers’’ and inserting ‘‘provided to such 20 individuals’’. 21 (c) COMMUNITIES IMPACTED BY SUBSTANCE USE 22 DISORDERS.—Section 168 of the Workforce Innovation 23 and Opportunity Act (29 U.S.C. 3223) is further amended 24 by adding at the end the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01222 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1223. 1223 1 ‘‘(d) COMMUNITIES IMPACTED BY SUBSTANCE USE 2 DISORDERS.—The Secretary shall, as part of the activities 3 described in subsection (c)(2), evaluate and disseminate 4 to States and local areas information regarding evidence5 based and promising practices for addressing the economic 6 workforce impacts associated with high rates of substance 7 use disorders, which information shall— 8 ‘‘(1) be updated annually to reflect the most re9 cent and available research; and 10 ‘‘(2) include information— 11 ‘‘(A) shared by States and local areas re12 garding effective practices for addressing such 13 impacts; and 14 ‘‘(B) on how to apply for any funding that 15 may be available under section 170(b)(1)(E).’’. 16 SEC. 174. EVALUATIONS AND RESEARCH. 17 (a) IN GENERAL.—Section 169 of the Workforce In18 novation and Opportunity Act (29 U.S.C. 3224) is amend19 ed— 20 (1) in subsection (a)— 21 (A) in paragraph (2)— 22 (i) by redesignating subparagraph (G) 23 as subparagraph (H); 24 (ii) in subparagraph (F)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01223 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1224. 1224 1 (I) by striking ‘‘; and’’ at the 2 end; and 3 (II) by inserting ‘‘, including in4 dividuals with barriers to employ5 ment’’ after ‘‘demographic groups’’; 6 and 7 (iii) by inserting the following after 8 subparagraph (F): 9 ‘‘(G) the extent to which such programs or 10 activities are using emerging technology to— 11 ‘‘(i) collect, analyze, use, and dissemi12 nate accurate and transparent local and 13 State level labor market information; 14 ‘‘(ii) integrate administrative data, in 15 accordance with Federal and State privacy 16 laws, to more comprehensively understand 17 and improve education and workforce out18 comes; and 19 ‘‘(iii) identify and address deficiencies 20 in existing Federal, State, and local work21 force data infrastructure and related 22 source systems; and’’; 23 (B) in paragraph (3)— 24 (i) by striking ‘‘The Secretary’’ and 25 inserting the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01224 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1225. 1225 1 ‘‘(A) IN GENERAL.—The Secretary’’; and 2 (ii) by adding at the end the following 3 new subparagraph: 4 ‘‘(B) LIMITATION.—The Secretary may 5 not use the authority described in subparagraph 6 (A) if the evaluations required under paragraph 7 (1) have not been initiated or completed in the 8 time period required.’’; and 9 (C) in paragraph (4), in the second sen10 tence— 11 (i) by striking ‘‘The Secretary’’ and 12 inserting ‘‘Beginning after the date of en13 actment of the A Stronger Workforce for 14 America Act, the Secretary’’; and 15 (ii) by striking ‘‘2019’’ and inserting 16 ‘‘2028’’; and 17 (2) in subsection (b)— 18 (A) by amending paragraph (4) to read as 19 follows: 20 ‘‘(4) STUDIES AND REPORTS.— 21 ‘‘(A) STUDY ON EMPLOYMENT CONDI22 TIONS.—The Secretary, in coordination with 23 other heads of Federal agencies, as appropriate, 24 may conduct a study examining the nature of 25 participants’ unsubsidized employment after VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01225 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1226. 1226 1 exit from programs carried out under this 2 Act— 3 ‘‘(i) including with respect to factors 4 such as the availability of paid time off in 5 the employment, health and retirement 6 benefits provided through the employment, 7 workplace safety standards at the place of 8 employment, the predictability and stability 9 of the work schedule for the employment, 10 the ability to obtain through the employ11 ment credentials that may permit articula12 tion into a higher level or other degree or 13 credential program, and advancement op14 portunities in the employment; and 15 ‘‘(ii) that includes a description of the 16 feasibility of Congress establishing, 17 through future legislation, an indicator of 18 performance under section 116 related to 19 such factors. 20 ‘‘(B) STUDY ON IMPROVING WORKFORCE 21 SERVICES FOR INDIVIDUALS WITH DISABIL22 ITIES.—The Secretary of Labor, in coordination 23 with the Secretary of Education and the Sec24 retary of Health and Human Services, may con25 duct studies that analyze the access to services VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01226 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1227. 1227 1 by individuals with disabilities, including wheth2 er an individual who is unable to receive serv3 ices under title IV due to a wait list for such 4 services is able to receive services under titles I 5 through III. 6 ‘‘(C) STUDY ON THE EFFECTIVENESS OF 7 PAY FOR PERFORMANCE.—The Secretary shall, 8 not later than 4 years after the date of enact9 ment of the A Stronger Workforce for America 10 Act, conduct a study that— 11 ‘‘(i) compares the effectiveness of the 12 pay-for-performance strategies used under 13 sections 129, 134, and 172 after such date 14 of enactment to the awarding of grants 15 and contracts under such sections as in ef16 fect on the day before the date of enact17 ment of such Act; and 18 ‘‘(ii) examines, with respect to grants 19 under sections 129, 134, and 172 after 20 such date of enactment— 21 ‘‘(I) the competition structure of 22 pay-for-performance grants and con23 tracts under such sections; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01227 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1228. 1228 1 ‘‘(II) the quality of applications 2 received for grants and contracts 3 under such sections; and 4 ‘‘(III) whether individuals with 5 barriers to employment were effec6 tively served under the pay-for-per7 formance strategies for grants and 8 contracts under such sections. 9 ‘‘(D) STUDY ON INDIVIDUAL TRAINING AC10 COUNTS FOR DISLOCATED WORKERS.—The Sec11 retary shall, not later than 4 years after the 12 date of enactment of the A Stronger Workforce 13 for America Act, conduct a study that compares 14 the usage of individual training accounts for 15 dislocated workers after such date of enactment 16 to the usage of such accounts prior to such date 17 of enactment, including a comparison of— 18 ‘‘(i) the types of training services and 19 occupations targeted by dislocated workers 20 when using their individual training ac21 counts; and 22 ‘‘(ii) the effectiveness of the skills de23 velopment funded through individual train24 ing accounts in helping such individuals atVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01228 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1229. 1229 1 tain credentials and secure unsubsidized 2 employment. 3 ‘‘(E) STUDY ON STATEWIDE CRITICAL IN4 DUSTRY SKILLS FUNDS.—The Secretary shall, 5 not later than 4 years after the date of enact6 ment of the A Stronger Workforce for America 7 Act, conduct a study that will review the usage 8 of statewide critical industry skills funds estab9 lished by States under section 134(a)(4) and 10 identify, for purposes of measuring the overall 11 effectiveness of the program— 12 ‘‘(i) the industries targeted by the 13 funds under section 134(a)(4); 14 ‘‘(ii) the occupations for which work15 ers are being upskilled; 16 ‘‘(iii) how frequently skills develop17 ment is provided to prospective workers 18 and incumbent workers, and 19 ‘‘(iv) the reported performance out20 comes. 21 ‘‘(F) STUDY ON INDUSTRY OR SECTOR 22 PARTNERSHIP AND CAREER PATHWAYS DEVEL23 OPMENT FUNDS.—The Secretary shall, not later 24 than 4 years after the date of enactment of the 25 A Stronger Workforce for America Act, conduct VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01229 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1230. 1230 1 a study that will review the usage of industry 2 or sector partnership and career pathways de3 velopment funds established by States under 4 section 134(a)(5) and identify, for purposes of 5 measuring the overall effectiveness of the pro6 gram— 7 ‘‘(i) the industries targeted by the 8 funds under section 134(a)(5) and the 9 growth in employment opportunities in 10 such industries over the period of the 11 study; 12 ‘‘(ii) the occupations workers are re13 ceiving skills development for and how fre14 quently such skills development is occur15 ring through the funds under section 16 134(a)(5); 17 ‘‘(iii) the States where such funds 18 were used to establish new industry or sec19 tor partnerships, the States where such 20 funds were used to expand existing indus21 try or sector partnerships, and an overview 22 of the types of partners participating in 23 such partnerships; and 24 ‘‘(iv) the reported performance out25 comes. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01230 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1231. 1231 1 ‘‘(G) STUDY ON THE EFFECTIVENESS OF 2 EMPLOYER-BASED TRAINING.—The Secretary 3 shall, not later than 4 years after the date of 4 enactment of the A Stronger Workforce for 5 America Act, conduct a study that measures 6 the effectiveness of on-the-job training, em7 ployer-directed skills training, apprenticeship, 8 and incumbent worker training under this title 9 in preparing jobseekers and workers, including 10 those with barriers to employment, for unsub11 sidized employment. Such study shall include 12 the cost per participant and wage and employ13 ment outcomes, as compared to other methods 14 of training. 15 ‘‘(H) STUDY ON THE EFFECTIVENESS AND 16 USE OF EMERGING TECHNOLOGY IN THE WORK17 FORCE DEVELOPMENT SYSTEM.—The Secretary 18 shall, not later than 4 years after the date of 19 enactment of the A Stronger Workforce for 20 America Act, conduct a study that— 21 ‘‘(i) measures the effectiveness of 22 emerging technology (including artificial 23 intelligence and machine learning) and 24 other advanced computational methods, in 25 improving State workforce development VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01231 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1232. 1232 1 system service delivery, labor market data 2 system performance, data collection and in3 tegration to understand participant and 4 program outcomes, and end-user tools for 5 facilitating career exploration or related 6 data insights; 7 ‘‘(ii) measures the extent to which 8 States have adopted and implemented such 9 technology and methods in their workforce 10 development systems, including by describ11 ing how the technology or method is being 12 used, analyzing the accuracy of such tech13 nology or method, and identifying any ex14 hibited bias by any such technology or 15 method; and 16 ‘‘(iii) includes an analysis of the con17 sequences of advances in automation tech18 nology on employment opportunities, skills 19 development, including digital literacy 20 skills development, and worker dislocation. 21 ‘‘(I) STUDY ON THE ALIGNMENT BETWEEN 22 EDUCATION AND WORKFORCE DEVELOPMENT 23 SYSTEMS.—The Secretary of Labor, in coordi24 nation with the Secretary of Education, shall, 25 not later than 4 years after the date of enactVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01232 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1233. 1233 1 ment of the A Stronger Workforce for America 2 Act, conduct a study on the alignment of work3 force development programs under this Act with 4 elementary and secondary education and post5 secondary education. The study shall examine— 6 ‘‘(i) State efforts to integrate data re7 lated to career and technical education 8 programs, dual enrollment programs, pre9 apprenticeships and apprenticeships, and 10 other work-based learning programs to in11 form decisionmaking and improve edu12 cational opportunities and outcomes; 13 ‘‘(ii) challenges related to and strate14 gies that promote such alignment to facili15 tate student participation in high-quality 16 college and career pathways; and 17 ‘‘(iii) governance structures and fund18 ing sources to promote such alignment. 19 ‘‘(J) STUDY ON JOB CORPS.—The Sec20 retary of Labor shall, not later than 4 years 21 after the date of enactment of the A Stronger 22 Workforce for America Act, conduct an evalua23 tion that— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01233 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1234. 1234 1 ‘‘(i) uses the most rigorous available 2 methods that are appropriate and feasible 3 to evaluate program effectiveness; 4 ‘‘(ii) measures the effect of the Job 5 Corps program on participating individuals 6 on outcomes related to the purposes de7 scribed in section 141(1), including edu8 cational attainment, employment, earnings, 9 and other related outcomes, compared with 10 the non-participant peers of those individ11 uals, to determine if the program has a 12 statistically significant effect (including 13 long-term effects) on such outcomes; and 14 ‘‘(iii) evaluates the cost-effectiveness 15 of the program. 16 ‘‘(K) REPORTS.—The Secretary shall pre17 pare and disseminate to the Committee on 18 Health, Education, Labor, and Pensions of the 19 Senate and the Committee on Education and 20 the Workforce of the House of Representatives, 21 and on the publicly available website of the De22 partment, reports containing the results of the 23 studies conducted under this paragraph.’’; and 24 (B) in paragraph (5), by adding at the end 25 the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01234 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1235. 1235 1 ‘‘(C) EVALUATION OF GRANTS.— 2 ‘‘(i) IN GENERAL.—For each grant or 3 contract awarded under this paragraph, 4 the Secretary shall conduct a rigorous eval5 uation of the multistate project to deter6 mine the impact of the activities supported 7 by the project, including the impact on the 8 employment and earnings of program par9 ticipants. 10 ‘‘(ii) REPORT.—The Secretary shall 11 prepare and disseminate to the Committee 12 on Health, Education, Labor, and Pen13 sions of the Senate and the Committee on 14 Education and the Workforce of the House 15 of Representatives, and to the public, in16 cluding through electronic means, reports 17 containing the results of evaluations con18 ducted under this subparagraph.’’. 19 (b) WORKFORCE DATA QUALITY INITIATIVE.—Sec20 tion 169 of the Workforce Innovation and Opportunity Act 21 (29 U.S.C. 3224) is further amended by adding at the 22 end the following: 23 ‘‘(d) WORKFORCE DATA QUALITY INITIATIVE.— 24 ‘‘(1) GRANT PROGRAM.—Of amounts made 25 available pursuant to section 132(a)(2)(A) for any VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01235 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1236. 1236 1 program year, the Secretary shall use not less than 2 5 percent and not more than 10 percent of such 3 amounts, and may also use funds authorized for 4 purposes of carrying out this section, to award 5 grants to eligible entities to create workforce longitu6 dinal data systems and associated resources for the 7 purposes of strengthening program quality, building 8 State capacity to produce evidence for decision9 making, meeting performance reporting require10 ments, protecting privacy, and improving trans11 parency. 12 ‘‘(2) APPLICATION.—To be eligible to receive a 13 grant under this subsection, an eligible entity shall 14 submit an application to the Secretary at such time 15 and in such manner as the Secretary may require, 16 which shall include— 17 ‘‘(A) a description of the proposed activi18 ties that will be conducted by the eligible entity, 19 including a description of the need for such ac20 tivities and a detailed budget for such activities; 21 ‘‘(B) a description of the expected out22 comes and outputs (such as systems or prod23 ucts) that will result from the proposed activi24 ties and the proposed uses of such outputs; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01236 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1237. 1237 1 ‘‘(C) a description of how the proposed ac2 tivities will— 3 ‘‘(i) support the reporting of perform4 ance data, including employment and earn5 ings outcomes, for the performance ac6 countability requirements under section 7 116, including outcomes for eligible pro8 viders of training services; 9 ‘‘(ii) improve workforce data stand10 ardization across programs in the State; 11 and 12 ‘‘(iii) improve the collection, accuracy, 13 timeliness, and usability of real-time, econ14 omy-wide data on new and emerging skills 15 and in-demand occupational roles; 16 ‘‘(D) a description of the methods and pro17 cedures the eligible entity will use to ensure the 18 security and privacy of the collection, storage, 19 and use of all data involved in the systems and 20 resources supported through the grant, includ21 ing compliance with State and Federal privacy 22 and confidentiality statutes and regulations; 23 and 24 ‘‘(E) a plan for how the eligible entity will 25 continue the activities or sustain the use of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01237 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1238. 1238 1 outputs created with the grant funds after the 2 grant period ends. 3 ‘‘(3) PRIORITY.—In awarding grants under the 4 subsection, the Secretary shall give priority to— 5 ‘‘(A) eligible entities that are— 6 ‘‘(i) a State agency of a State that 7 has not previously received a grant from 8 the Secretary for the purposes of this sub9 section and demonstrates a substantial 10 need to improve its data infrastructure; or 11 ‘‘(ii) a consortium of State agencies 12 that is comprised of State agencies from 13 multiple States and includes at least one 14 State agency described in clause (i) and 15 has the capacity to make significant con16 tributions toward building interoperable, 17 cross-State data infrastructure; and 18 ‘‘(B) eligible entities that will use grant 19 funds to— 20 ‘‘(i) expand the adoption and use of 21 linked, open, and interoperable data on 22 credentials, including through the develop23 ment of a credential registry or other tools 24 and services designed to help learners and 25 workers make informed decisions, such as VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01238 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1239. 1239 1 the credential navigation feature described 2 in section 122(d)(2); 3 ‘‘(ii) participate in and contribute 4 data to a multistate data collaborative, in5 cluding data that provide participating 6 States the ability to better understand— 7 ‘‘(I) earnings and employment 8 outcomes of individuals who work out9 of-State; and 10 ‘‘(II) cross-State earnings and 11 employment trends; 12 ‘‘(iii) enhance collaboration with pri13 vate sector workforce and labor market 14 data entities and the end-users of work15 force and labor market data, including in16 dividuals, employers, economic development 17 agencies, and workforce development pro18 viders; 19 ‘‘(iv) leverage the use of non-Federal 20 contributions to improve workforce data in21 frastructure, including staff capacity build22 ing; or 23 ‘‘(v) expand existing statewide inte24 grated longitudinal data systems, including 25 such systems receiving assistance under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01239 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1240. 1240 1 section 208 of the Educational Technical 2 Assistance Act of 2002 (20 U.S.C. 9607). 3 ‘‘(4) USE OF FUNDS.—In addition to the activi4 ties described in paragraph (3)(B), an eligible entity 5 awarded a grant under this subsection may use 6 funds to carry out any of the following activities: 7 ‘‘(A) Developing or enhancing a State’s 8 workforce longitudinal data system, including 9 by participating and contributing data to the 10 State’s data system, if applicable, that links 11 with elementary and secondary school and post12 secondary data. 13 ‘‘(B) Accelerating the replication and 14 adoption of data systems, projects, products, or 15 practices already in use in one or more States 16 to other States. 17 ‘‘(C) Research and labor market data im18 provement activities to improve the timeliness, 19 relevance, and accessibility of such data 20 through pilot projects that are developed locally 21 but designed to scale to other regions or States. 22 ‘‘(D) Establishing, enhancing, or con23 necting to a system of interoperable learning 24 and employment records that provides individ25 uals who choose to participate in such system VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01240 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1241. 1241 1 ownership of a verified and secure record of 2 their skills and achievements and the ability to 3 share such record with employers and education 4 providers. 5 ‘‘(E) Developing policies, guidelines, and 6 security measures for data collection, storing, 7 and sharing to ensure compliance with relevant 8 Federal and State privacy laws and regulations. 9 ‘‘(F) Increasing local board access to and 10 integration with the State’s workforce longitu11 dinal data system in a secure manner. 12 ‘‘(G) Creating or participating in a data 13 exchange for collecting and using standards14 based jobs and employment data including, at a 15 minimum, job titles or occupation codes. 16 ‘‘(H) Improving State and local staff ca17 pacity to understand, use, and analyze data to 18 improve decisionmaking and improve partici19 pant outcomes. 20 ‘‘(5) ADMINISTRATION.— 21 ‘‘(A) DURATION.—A grant awarded under 22 this subsection may be for a period of up to 3 23 years. 24 ‘‘(B) SUPPLEMENT, NOT SUPPLANT.— 25 Funds made available under this subsection VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01241 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1242. 1242 1 shall be used to supplement, and not supplant, 2 other Federal, State, or local funds used for de3 velopment of State data systems. 4 ‘‘(C) REPORT.—Each eligible entity that 5 receives a grant under this subsection shall sub6 mit a report to the Secretary not later than 180 7 days after the conclusion of the grant period on 8 the activities supported through the grant and 9 improvements in the use of workforce and labor 10 market information that have resulted from 11 such activities. 12 ‘‘(6) DEFINITIONS.—In this subsection, the 13 term ‘eligible entity’ means a State agency or con14 sortium of State agencies, including a multistate 15 data collaborative, that is or includes the State agen16 cies responsible for— 17 ‘‘(A) State employer wage records used by 18 the State’s unemployment insurance programs 19 in labor market information reporting and anal20 ysis and for fulfilling the reporting require21 ments of this Act; 22 ‘‘(B) the production of labor market infor23 mation; and 24 ‘‘(C) the direct administration of one or 25 more of the core programs.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01242 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1243. 1243 1 SEC. 175. NATIONAL DISLOCATED WORKER GRANTS. 2 Section 170 of the Workforce Innovation and Oppor3 tunity Act (29 U.S.C. 3225) is amended— 4 (1) in subsection (b)— 5 (A) in paragraph (1)— 6 (i) in subparagraph (C), by striking 7 ‘‘and’’ at the end; 8 (ii) in subparagraph (D)(ii), by strik9 ing the period at the end and inserting ‘‘; 10 and’’; and 11 (iii) by adding at the end the fol12 lowing: 13 ‘‘(E) to an entity described in subsection 14 (c)(1)(B) to provide employment and training 15 activities related to the prevention and treat16 ment of substance use disorders, including ad17 diction treatment, mental health treatment, and 18 pain management, in an area that, as a result 19 of widespread substance use, addiction, and 20 overdoses, has higher-than-average demand for 21 such activities that exceeds the availability of 22 State and local resources to provide such activi23 ties.’’; and 24 (B) by adding at the end the following: 25 ‘‘(3) PERFORMANCE RESULTS.—The Secretary 26 shall collect the necessary information from each enVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01243 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1244. 1244 1 tity receiving a grant under this section to determine 2 the performance of such entity on the primary indi3 cators of performance described in section 4 116(b)(2)(A)(i) and make such information available 5 on the publicly accessible website of the Department 6 in a format that does not reveal personally identifi7 able information.’’; and 8 (2) in subsection (c)— 9 (A) in paragraph (1)(A)— 10 (i) by striking ‘‘subsection (b)(1)(A)’’ 11 and inserting ‘‘subparagraph (A) or (E) of 12 subsection (b)(1)’’; and 13 (ii) by striking ‘‘, in such manner, and 14 containing such information’’ and inserting 15 ‘‘and in such manner’’; and 16 (B) in paragraph (2)— 17 (i) in subparagraph (B)— 18 (I) in the heading, by striking 19 ‘‘RETRAINING’’ and inserting 20 ‘‘RESKILLING’’; and 21 (II) by striking ‘‘retraining’’ and 22 inserting ‘‘reskilling’’; 23 (ii) by redesignating subparagraphs 24 (C) and (D) as subparagraphs (D) and 25 (E), respectively; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01244 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1245. 1245 1 (iii) by inserting after subparagraph 2 (B) the following: 3 ‘‘(C) SUBSTANCE USE RELATED 4 GRANTS.—In order to be eligible to receive em5 ployment and training assistance under a na6 tional dislocated worker grant awarded pursu7 ant to subsection (b)(1)(E), an individual shall 8 be— 9 ‘‘(i) a dislocated worker; 10 ‘‘(ii) a long-term unemployed indi11 vidual; 12 ‘‘(iii) an individual who is unemployed 13 or significantly underemployed as a result 14 of widespread substance use in the area; or 15 ‘‘(iv) an individual who is employed or 16 seeking employment in a health care pro17 fession involved in the prevention and 18 treatment of substance use disorders, in19 cluding such professions that provide ad20 diction treatment, mental health treat21 ment, or pain management.’’. 22 SEC. 176. YOUTHBUILD PROGRAM. 23 Section 171 of the Workforce Innovation and Oppor24 tunity Act (29 U.S.C. 3226) is amended— 25 (1) in subsection (a)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01245 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1246. 1246 1 (A) in paragraph (4), by striking ‘‘home2 less individuals’’ and inserting ‘‘individuals ex3 periencing homelessness’’; and 4 (B) in paragraph (5), by striking ‘‘home5 less and low-income families’’ and inserting 6 ‘‘low-income families and families of individuals 7 experiencing homelessness’’; 8 (2) in subsection (b)— 9 (A) by amending paragraph (4) to read as 10 follows: 11 ‘‘(4) INDIVIDUAL EXPERIENCING HOMELESS12 NESS.—The term ‘individual experiencing homeless13 ness’ means an individual who is a homeless indi14 vidual (as defined in section 41403(6) of the Vio15 lence Against Women Act of 1994 (34 U.S.C. 16 12473(6)) or a homeless child or youth (as defined 17 in section 725(2) of the McKinney-Vento Homeless 18 Assistance Act (42 U.S.C. 11434a(2))).’’; 19 (B) in paragraph (5), by striking ‘‘home20 less individuals’’ and inserting ‘‘individuals ex21 periencing homelessness’’; 22 (C) in paragraph (7), by striking ‘‘(25 23 U.S.C. 450b)’’ and inserting ‘‘(25 U.S.C. 24 5304)’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01246 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1247. 1247 1 (D) in paragraph (12), by striking ‘‘home2 less individuals’’ and inserting ‘‘individuals ex3 periencing homelessness’’; 4 (3) in subsection (c)— 5 (A) by amending paragraph (1) to read as 6 follows: 7 ‘‘(1) AMOUNT OF GRANTS; RESERVATION.— 8 ‘‘(A) AMOUNT OF GRANTS.—Subject to 9 subparagraph (B), the Secretary is authorized 10 to make grants to applicants for the purpose of 11 carrying out YouthBuild programs approved 12 under this section. 13 ‘‘(B) RESERVATION FOR RURAL AREAS 14 AND INDIAN TRIBES.— 15 ‘‘(i) TRIBAL RESERVATION.—Subject 16 to clause (iii), in carrying out subpara17 graph (A), the Secretary shall reserve not 18 less than 5 percent of the total amount ap19 propriated for the purposes of that sub20 paragraph to make grants to applicants 21 that are— 22 ‘‘(I) Indian tribes, tribal organi23 zations, or Native Hawaiian organiza24 tions (as such term is defined in sec25 tion 166(b)); or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01247 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1248. 1248 1 ‘‘(II) carrying out programs for 2 the benefit of Indians. 3 ‘‘(ii) RURAL RESERVATION.—Subject 4 to clause (iii), in carrying out subpara5 graph (A), the Secretary shall reserve not 6 less than 10 percent of the total amount 7 appropriated for purposes of that subpara8 graph to make grants to applicants that 9 are located in rural areas. 10 ‘‘(iii) EXCEPTION.—If the Secretary 11 does not receive a sufficient number of ap12 plications of sufficient quality to award the 13 amounts reserved under clause (i) or 14 amounts reserved under clause (ii) in ac15 cordance with the requirements of the ap16 plicable clause, the Secretary may— 17 ‘‘(I) award grants to applicants 18 described in clause (i) or clause (ii), 19 as the case may be, in an amount not 20 to exceed $1,500,000 per grant; and 21 ‘‘(II) use any remaining amount 22 reserved under the applicable clause 23 to, notwithstanding the requirements 24 of that clause, award grants under 25 subparagraph (A) to other applicaVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01248 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1249. 1249 1 tions that are not described in such 2 clause.’’; 3 (B) in paragraph (2)— 4 (i) in subparagraph (A)— 5 (I) in clause (iv)— 6 (aa) in subclause (II), by 7 striking ‘‘language learners’’ and 8 inserting ‘‘learners’’; 9 (bb) in subclause (III), by 10 striking ‘‘a secondary’’ and in11 serting ‘‘a regular high’’; and 12 (cc) in subclause (IV), by 13 striking ‘‘required’’ and inserting 14 ‘‘available Federal, State, or in15 stitutional’’; 16 (II) in clause (v), by striking 17 ‘‘drug and alcohol abuse’’ and insert18 ing ‘‘substance use disorder’’; 19 (III) in clause (vii)— 20 (aa) by inserting ‘‘to ensure 21 full participation in a YouthBuild 22 program, including such services 23 for individuals with disabilities,’’ 24 after ‘‘services’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01249 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1250. 1250 1 (bb) by inserting ‘‘unsub2 sidized’’ after ‘‘retaining’’; and 3 (IV) in clause (viii), by inserting 4 ‘‘, including career services’’ after 5 ‘‘assistance’’; 6 (ii) in subparagraph (B), by striking 7 ‘‘homeless individuals’’ and inserting ‘‘indi8 viduals experiencing homelessness’’ each 9 place the term appears; and 10 (iii) by adding at the end the fol11 lowing: 12 ‘‘(I) Provision of meals and other food as13 sistance to participants in conjunction with an14 other activity described in this paragraph. 15 ‘‘(J) Provision of information on and refer16 ral to Federal and State means tested pro17 grams.’’; 18 (C) in paragraph (3)— 19 (i) in subparagraph (A), by striking 20 ‘‘such time, in such manner, and con21 taining such information’’ and inserting 22 ‘‘such time and in such manner’’; and 23 (ii) in subparagraph (B)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01250 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1251. 1251 1 (I) in the header, by striking 2 ‘‘MINIMUM REQUIREMENTS’’ and in3 serting ‘‘REQUIREMENTS’’; 4 (II) by striking ‘‘, at a min5 imum’’; 6 (III) in clause (iii), by striking 7 ‘‘unions’’ and inserting ‘‘labor organi8 zations’’; 9 (IV) by amending clause (v) to 10 read as follows: 11 ‘‘(v) a description of the educational 12 and job training activities, work opportuni13 ties, postsecondary education and training 14 opportunities, and other services that will 15 be provided to participants, and how those 16 activities, opportunities, and services will— 17 ‘‘(I) prepare youth for employ18 ment in in-demand industry sectors or 19 occupations in the labor market area 20 described in clause (i); and 21 ‘‘(II) support youth in attaining 22 a regular high school diploma or its 23 recognized equivalent;’’; 24 (V) in clause (vii)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01251 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1252. 1252 1 (aa) by striking ‘‘(including 2 agencies of Indian tribes)’’ and 3 inserting ‘‘, Indian tribes, tribal 4 organizations, and tribal edu5 cational agencies (as such term is 6 defined in section 6132(b) of the 7 Elementary and Secondary Edu8 cation Act of 1965 (20 U.S.C. 9 7452(b)))’’; and 10 (bb) by striking ‘‘homeless 11 individuals and other agencies 12 that serve youth who are home13 less individuals,’’ and inserting 14 ‘‘individuals experiencing home15 lessness and other agencies that 16 serve youth who are individuals 17 experiencing homelessness,’’; 18 (VI) in clause (x), by inserting 19 ‘‘located in the region proposed to be 20 served by such applicant, as applica21 ble’’ after ‘‘tribes’’; 22 (VII) by amending clause (xii) to 23 read as follows: 24 ‘‘(xii) a description of the levels of 25 performance the applicant expects to VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01252 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1253. 1253 1 achieve on the primary indicators of per2 formance described in section 3 116(b)(2)(A)(ii);’’; 4 (VIII) in clause (xiii), by striking 5 ‘‘unions’’ and inserting ‘‘labor organi6 zations’’; 7 (IX) by redesignating clauses 8 (xv) through (xxi) as clauses (xvi) 9 through (xxii), respectively; and 10 (X) by inserting after clause (xiv) 11 the following: 12 ‘‘(xv) a description of any strategies 13 the applicant will use to engage program 14 participants in providing feedback and in15 forming decision-making related to the 16 program;’’; and 17 (D) in paragraph (4)— 18 (i) by striking ‘‘such selection criteria 19 as the Secretary shall establish under this 20 section, which shall include criteria’’ and 21 inserting ‘‘selection criteria’’; 22 (ii) in subparagraph (I), by striking 23 ‘‘homeless individuals’’ and inserting ‘‘indi24 viduals experiencing homelessness’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01253 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1254. 1254 1 (iii) in subparagraph (J)(iii), by add2 ing ‘‘and’’ after the semicolon; 3 (iv) in subparagraph (K), by striking 4 ‘‘; and’’ and inserting a period; and 5 (v) by striking subparagraph (L); 6 (4) in subsection (d)— 7 (A) in paragraph (1), by striking ‘‘home8 less individuals’’ and inserting ‘‘individuals ex9 periencing homelessness’’; and 10 (B) in paragraph (2), by striking ‘‘home11 less individuals’’ and inserting ‘‘individuals ex12 periencing homelessness’’; 13 (5) in subsection (e)(1)— 14 (A) in subparagraph (A)(ii), by striking 15 ‘‘offender’’ and inserting ‘‘who is a justice-in16 volved individual’’; and 17 (B) in subparagraph (B)(i)— 18 (i) by striking ‘‘are basic skills defi19 cient’’ and inserting ‘‘have foundational 20 skill needs’’; and 21 (ii) by striking ‘‘secondary’’ and in22 serting ‘‘regular high’’; 23 (6) in subsection (f), by striking paragraph (2) 24 and inserting the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01254 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1255. 1255 1 ‘‘(2) USE OF WAGE RECORDS.—The Secretary 2 shall make arrangements with a State or other ap3 propriate entity to facilitate the use of State wage 4 records to evaluate the performance of YouthBuild 5 programs funded under this section on the employ6 ment and earnings indicators described in section 7 116(b)(2)(A)(ii) for the purposes of the report re8 quired under paragraph (3). 9 ‘‘(3) PERFORMANCE RESULTS.—For each pro10 gram year, the Secretary shall make available, on a 11 publicly accessible website of the Department, a re12 port on the performance of YouthBuild programs, 13 during such program year, funded under this section 14 on— 15 ‘‘(A) the primary indicators of performance 16 described in section 116(b)(2)(A)(ii); and 17 ‘‘(B) the expected levels of performance for 18 such programs as described in paragraph (1). 19 ‘‘(4) CONSULTATION.—In establishing expected 20 levels of performance under paragraph (1), the Sec21 retary shall consult, on not less than an annual 22 basis, with entities carrying out YouthBuild pro23 grams to ensure such levels of performance account 24 for the workforce development and postsecondary VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01255 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1256. 1256 1 education experiences of youth served by such pro2 grams.’’; 3 (7) in subsection (g), by inserting at the end 4 the following: 5 ‘‘(4) ANNUAL RELEASE OF FUNDING OPPOR6 TUNITY ANNOUNCEMENT.—The Secretary shall, to 7 the greatest extent practicable, announce new fund8 ing opportunities for grants under this section dur9 ing the same time period each year for which such 10 grants are available.’’; and 11 (8) by amending subsection (i) to read as fol12 lows: 13 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 14 are authorized to be appropriated to carry out this section 15 $108,150,000 for each of the fiscal years 2025 through 16 2030.’’. 17 SEC. 177. REENTRY EMPLOYMENT OPPORTUNITIES. 18 Subtitle D of title I of the Workforce Innovation and 19 Opportunity Act (29 U.S.C. 3221 et seq.) is amended— 20 (1) by redesignating section 172 as section 175; 21 and 22 (2) by inserting after section 171 the following: 23 ‘‘SEC. 172. REENTRY EMPLOYMENT OPPORTUNITIES. 24 ‘‘(a) PURPOSES.—The purposes of this section are— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01256 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1257. 1257 1 ‘‘(1) to improve the employment, earnings, and 2 skill attainment, and reduce recidivism, of adults 3 and youth who have been involved with the justice 4 system; 5 ‘‘(2) to prompt innovation and improvement in 6 the reentry of justice-involved individuals into the 7 workforce so that successful initiatives can be estab8 lished or continued, and replicated; and 9 ‘‘(3) to further develop the evidence on how to 10 improve employment, earnings, and skill attainment, 11 and reduce recidivism, of justice-involved individuals, 12 through rigorous evaluations of specific services pro13 vided, including how they affect different popu14 lations and how they are best combined and 15 sequenced, and disseminate such evidence to entities 16 supporting the reentry of justice-involved individuals 17 into the workforce. 18 ‘‘(b) REENTRY EMPLOYMENT OPPORTUNITIES PRO19 GRAM.— 20 ‘‘(1) IN GENERAL.—From the amounts appro21 priated under section 175(e) and not reserved under 22 subsection (h), the Secretary shall carry out a Re23 entry Employment Opportunities Program, through 24 which the Secretary— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01257 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1258. 1258 1 ‘‘(A) except as provided in subparagraph 2 (B), in order to implement reentry projects that 3 serve eligible adults or eligible youth shall, on 4 a competitive basis— 5 ‘‘(i) make direct awards (through 6 grants, contracts, or cooperative agree7 ments) to eligible entities to implement 8 such reentry projects; and 9 ‘‘(ii) in any year for which the Sec10 retary makes awards under clause (i), 11 make intermediary awards to eligible enti12 ties who are national or regional inter13 mediaries, who shall use the award 14 funds— 15 ‘‘(I) to make direct awards to eli16 gible entities to implement such re17 entry projects; or 18 ‘‘(II) to implement such reentry 19 projects; and 20 ‘‘(B) in order to implement youth reentry 21 employment opportunities projects, through 22 that program, that serve eligible youth shall, on 23 a competitive basis— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01258 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1259. 1259 1 ‘‘(i) make direct awards to youth 2 project eligible entities to implement such 3 youth reentry projects; and 4 ‘‘(ii) in any year for which the Sec5 retary makes awards under clause (i), 6 make intermediary awards to youth project 7 eligible entities who are national or re8 gional intermediaries, who shall use the 9 award funds— 10 ‘‘(I) to make direct awards to 11 youth project eligible entities to imple12 ment such youth reentry projects; or 13 ‘‘(II) to implement such youth re14 entry projects. 15 ‘‘(2) ALLOCATION TO ACTIVITIES.—From the 16 amounts appropriated under section 175(e) and not 17 reserved under subsection (h), the Secretary— 18 ‘‘(A) shall use not less than 20 percent of 19 such amounts for awards under paragraph 20 (1)(A) to eligible entities to serve as national or 21 regional intermediaries to provide the award 22 funds to other eligible entities— 23 ‘‘(i) to implement reentry projects de24 scribed in paragraph (1)(A); and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01259 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1260. 1260 1 ‘‘(ii) to monitor and support such en2 tities; 3 ‘‘(B) shall use not less than 20 percent of 4 such amounts for direct or intermediary awards 5 under paragraph (1)(B) to— 6 ‘‘(i) implement youth reentry projects 7 described in paragraph (1)(B); and 8 ‘‘(ii) in cases in which the award re9 cipients make direct awards to other youth 10 reentry project eligible entities, monitor 11 and support such entities; 12 ‘‘(C) shall use 20 percent of such amounts, 13 from the portion reserved to carry out para14 graph (1)(A), to award funds to eligible entities 15 using pay-for-performance contracts— 16 ‘‘(i) that specify a fixed amount that 17 will be paid to such an entity based on the 18 achievement, within a defined timeframe, 19 of proposed levels of performance described 20 under subsection (e)(2)(A) on the indica21 tors of performance described in subsection 22 (e)(1)(A)(i); and 23 ‘‘(ii) which may provide for bonus 24 payments to such entity to expand capacity 25 to provide effective services; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01260 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1261. 1261 1 ‘‘(D) shall ensure awards made under this 2 section are made to eligible entities from geo3 graphically diverse areas, in addition to giving 4 the priorities described in paragraph (5). 5 ‘‘(3) INITIAL AWARD PERIODS.—The Secretary 6 shall make an award under this section for an initial 7 period of not more than 4 years. 8 ‘‘(4) ADDITIONAL AWARDS.—The Secretary 9 may make, for a period of not more than 4 years, 10 1 or more additional awards to an eligible entity 11 that received an award under this section if the eligi12 ble entity achieved the levels of performance agreed 13 upon with the Secretary (as described in subsection 14 (e)(2)) for the most recent award period. 15 ‘‘(5) PRIORITY.—In awarding funds under this 16 section, the Secretary shall give priority to eligible 17 entities whose applications submitted under sub18 section (c) demonstrate a commitment to use such 19 funds to implement a reentry project— 20 ‘‘(A) that will serve a high-poverty area; 21 ‘‘(B) that will enroll eligible youth or eligi22 ble adults— 23 ‘‘(i) prior to the release of such indi24 viduals from incarceration in a correctional 25 institution; or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01261 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1262. 1262 1 ‘‘(ii) not later than 90 days after such 2 release; 3 ‘‘(C) whose strategy and design are evi4 dence-based; 5 ‘‘(D) for which the eligible entity will es6 tablish a partnership with— 7 ‘‘(i) a business; 8 ‘‘(ii) an institution of higher education 9 or provider under section 122 (as deter10 mined by the State where services are 11 being provided) to provide project partici12 pants with a program leading to a recog13 nized postsecondary credential in an in-de14 mand industry sector or occupation; 15 ‘‘(iii) a local educational agency; or 16 ‘‘(iv) an agency that receives assist17 ance for a program under section 225; 18 ‘‘(E) that provides training services, in19 cluding employment-directed skills development 20 and on-the-job training, that are designed to 21 meet the specific requirements of an employer 22 (including a group of employers), industry, or 23 sector, and are conducted with a commitment 24 by the employer to employ individuals upon suc25 cessful completion of the preparation; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01262 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1263. 1263 1 ‘‘(F) that will serve a rural area. 2 ‘‘(6) CONSTRUCTION.— 3 ‘‘(A) PROJECTS WITH INTERMEDIARIES.— 4 An intermediary who receives funds under para5 graph (1), to the extent that the intermediary 6 uses the funds to make direct awards to eligible 7 entities, shall carry out the functions of the 8 Secretary described in paragraphs (3), (4), and 9 (5) of this subsection, and paragraphs (1), (2) 10 (other than paragraph (2)(J)), and (4) of sub11 section (c). 12 ‘‘(B) REENTRY EMPLOYMENT OPPORTUNI13 TIES PROGRAM PROJECTS.—For purposes of 14 this section, a reference to an eligible entity, 15 used with respect to a youth reentry project 16 carried out under paragraph (1)(B), shall be 17 considered to be a reference to a youth project 18 eligible entity. 19 ‘‘(c) APPLICATION.— 20 ‘‘(1) FORM AND PROCEDURE.—To be qualified 21 to receive funds under this section, an eligible entity 22 shall submit an application to the Secretary at such 23 time, and in such manner, as is determined by the 24 Secretary, and containing the information described VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01263 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1264. 1264 1 in paragraph (2) and, as applicable, paragraph (3) 2 or (4). 3 ‘‘(2) CONTENTS.—An application submitted by 4 an eligible entity under paragraph (1) shall contain 5 the following: 6 ‘‘(A) A description of the eligible entity, in7 cluding the experience of the eligible entity in 8 providing education, employment, and training 9 services for justice-involved individuals. 10 ‘‘(B) A description of the needs that will 11 be addressed by the reentry project supported 12 by the funds received under this section and the 13 target participant population and the geo14 graphic area to be served. 15 ‘‘(C) A description of the proposed edu16 cation, employment, and training services and 17 supportive services, if applicable, to be provided 18 under such reentry project, and how such ac19 tivities will prepare participants for employment 20 in an in-demand industry sector or occupation 21 within the geographic area to be served by such 22 reentry project. 23 ‘‘(D) The anticipated schedule for carrying 24 out the activities proposed for the reentry 25 project. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01264 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1265. 1265 1 ‘‘(E) A description of— 2 ‘‘(i) the partnerships the eligible enti3 ty will establish with agencies and entities 4 within the criminal justice system, agencies 5 and entities within the juvenile justice sys6 tem, local boards, one-stop operators, one7 stop partners, community-based organiza8 tions, and employers (including local busi9 nesses) to provide participants in the re10 entry project with work-based learning, job 11 placement, and recruitment (if applicable); 12 and 13 ‘‘(ii) how the eligible entity will co14 ordinate its activities with other services 15 and benefits available to justice-involved 16 individuals in the geographic area to be 17 served by the reentry project. 18 ‘‘(F) A description of the manner in which 19 individuals will be recruited and selected for 20 participation for the reentry project. 21 ‘‘(G) A detailed budget and a description 22 of the system of fiscal controls, and auditing 23 and accountability procedures, that will be used 24 to ensure fiscal soundness for the reentry 25 project. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01265 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1266. 1266 1 ‘‘(H) A description of the proposed levels 2 of performance to be achieved with respect to 3 the indicators of performance described in sub4 section (e). 5 ‘‘(I) A description of the evidence-based 6 practices the eligible entity will use in adminis7 tration of the reentry project. 8 ‘‘(J) An assurance that the eligible entity 9 will collect, disaggregate by each subpopulation 10 of individuals with barriers to employment, and 11 by race, ethnicity, sex, and age, and report to 12 the Secretary the data required with respect to 13 the reentry project carried out by the eligible 14 entity for purposes of determining levels of per15 formance achieved and conducting the evalua16 tion under this section. 17 ‘‘(K) An assurance that the eligible entity 18 will provide a match as described in subsection 19 (d)(4). 20 ‘‘(L) A description of how the eligible enti21 ty plans to continue the reentry project after 22 the award period. 23 ‘‘(M) For any project offering a recognized 24 postsecondary credential, a description of how 25 the project leads to the credential. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01266 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1267. 1267 1 ‘‘(N) For a project that also serves as a 2 program carried out under section 225, a de3 scription of how the award funds will be used 4 to carry out the education described in section 5 225, in conjunction with the activities described 6 in subsection (d). 7 ‘‘(3) ADDITIONAL CONTENT FOR INTER8 MEDIARY APPLICANTS.—An application submitted by 9 an eligible entity seeking to serve as a national or 10 regional intermediary as described in subparagraph 11 (A) or (B) of subsection (b)(1) shall also contain 12 each of the following: 13 ‘‘(A) An identification and description of 14 the eligible entities that will be subawardees of 15 such intermediary and implement the reentry 16 projects, which shall include subawardees in— 17 ‘‘(i) 3 or more noncontiguous metro18 politan areas or rural areas; and 19 ‘‘(ii) not fewer than 2 States. 20 ‘‘(B) A description of the services and sup21 ports the intermediary will provide to the sub22 awardees, including administrative and fiscal 23 support to ensure the subawardees comply with 24 all subaward requirements. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01267 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1268. 1268 1 ‘‘(C) A description of how the intermediary 2 will facilitate the replication of evidence-based 3 practices or other best practices identified by 4 the intermediary across all subawardees. 5 ‘‘(D) If such intermediary is currently re6 ceiving, or has previously received, funds under 7 this section as an intermediary to implement a 8 reentry project, an assurance that none of the 9 subawardees identified under subparagraph (A) 10 are current or were previous subawardees of the 11 intermediary for such reentry project and failed 12 to meet the levels of performance established 13 for such reentry project. 14 ‘‘(4) ADDITIONAL CONTENT FOR YOUTH REO 15 APPLICATIONS.—An application submitted under 16 paragraph (1) by a youth project eligible entity seek17 ing to serve youth applicants through an award de18 scribed in subsection (b)(1)(B) shall also contain the 19 following: 20 ‘‘(A) A description of— 21 ‘‘(i) how the youth reentry project will 22 facilitate the enrollment of eligible youth in 23 a program of a local educational agency, a 24 program of adult education and literacy 25 activities, a YouthBuild program, the Job VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01268 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1269. 1269 1 Corps, or a program of an institution of 2 higher education; 3 ‘‘(ii) how the youth reentry project 4 will connect eligible youth with mentors or 5 peer support groups to provide guidance, 6 encouragement, and positive role modeling 7 during the reentry process; 8 ‘‘(iii) how the youth reentry project 9 will involve family members, guardians, 10 and other supportive people in an eligible 11 youth’s life in the reentry process; 12 ‘‘(iv) how the youth reentry project 13 will provide or support access to counseling 14 and substance use disorder programs for 15 an eligible youth; 16 ‘‘(v) how the youth reentry project 17 will assist eligible youth to find safe and 18 stable housing; 19 ‘‘(vi) how the youth reentry project 20 will ensure activities carried out under an 21 award described in subsection (b)(1)(B) 22 are designed to meet the needs of the pop23 ulation served; and 24 ‘‘(vii) the experience of the eligible en25 tity in providing services to youth, includVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01269 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1270. 1270 1 ing eligible youth, and the strategies the el2 igible entity will use to ensure that services 3 provided are age-appropriate for eligible 4 youth. 5 ‘‘(B) A description of how a youth project 6 eligible entity plans to provide skills develop7 ment, for stakeholders involved in an eligible 8 youth’s reentry, on best practices pertaining to 9 eligible youth and reentry. 10 ‘‘(d) USES OF FUNDS.— 11 ‘‘(1) REQUIRED ACTIVITIES.—An eligible entity 12 that receives funds under this section shall use such 13 funds to implement a reentry project for eligible 14 adults, eligible youth, or both, that provides each of 15 the following: 16 ‘‘(A) One or more of the individualized ca17 reer services listed in subclauses (I) through 18 (IX) of section 134(c)(2)(B)(vii). 19 ‘‘(B) One or more of the training services 20 listed in clauses (i) through (xi) in section 21 134(c)(3)(D), including subsidized employment 22 opportunities through transitional jobs. 23 ‘‘(C) For participants who are eligible 24 youth, 1 or more of the program elements listed VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01270 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1271. 1271 1 in subparagraphs (A) through (O) of section 2 129(c)(2). 3 ‘‘(2) ALLOWABLE ACTIVITIES.—An eligible enti4 ty that receives funds under this section may use 5 such funds to provide to eligible adults, eligible 6 youth, or both, each of the following: 7 ‘‘(A) Followup services after placement in 8 unsubsidized employment as described in sec9 tion 134(c)(2)(B)(viii). 10 ‘‘(B) Apprenticeship programs. 11 ‘‘(C) Education in digital literacy skills. 12 ‘‘(D) Mentoring. 13 ‘‘(E) Assistance in obtaining employment, 14 including as a result of the eligible entity— 15 ‘‘(i) establishing and developing rela16 tionships and networks with large and 17 small employers; and 18 ‘‘(ii) coordinating with employers to 19 develop employer-directed skills develop20 ment programs and on-the-job training. 21 ‘‘(F) Assistance with driver’s license rein22 statement (including assistance with removing 23 or expunging records as permitted under the 24 applicable Federal or State law to facilitate that 25 reinstatement) and fees for driver’s licenses and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01271 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1272. 1272 1 other necessary documents for employment and 2 removing barriers to employment. 3 ‘‘(G) Provision of or referral to evidence4 based mental health treatment by licensed prac5 titioners. 6 ‘‘(H) Provision of or referral to substance 7 use disorder treatment services, provided that 8 funds awarded under this section are only used 9 to provide such services to participants who are 10 unable to obtain such services through other 11 programs providing such services. 12 ‘‘(I) Provision of or referral to supportive 13 services, provided that, notwithstanding section 14 181(h)(2), no more than 10 percent of funds 15 awarded to an eligible entity under this section 16 may be used to provide such services to partici17 pants who may be able to obtain such services 18 through other programs providing such services. 19 ‘‘(3) ADMINISTRATIVE COST LIMIT.—An eligible 20 entity may not use more than 7 percent of the funds 21 received under this section for administrative costs, 22 including for costs related to collecting information, 23 analysis, and coordination for purposes of subsection 24 (e) or (f). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01272 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1273. 1273 1 ‘‘(4) MATCHING.—An eligible entity shall pro2 vide a match, which may be provided in cash or in3 kind, for the costs of the project in an amount that 4 is not less than 25 percent of the total amount of 5 funds awarded to the entity under this section for 6 the period involved, except that the Secretary may 7 waive the matching requirement, on a case-by-case 8 basis and for not more than 20 percent of all awards 9 made under this section, if the eligible entity in10 volved demonstrates significant financial hardship. 11 ‘‘(e) LEVELS OF PERFORMANCE.— 12 ‘‘(1) ESTABLISHMENT OF LEVELS.— 13 ‘‘(A) IN GENERAL.—The Secretary shall 14 establish expected levels of performance for re15 entry projects funded under this section for— 16 ‘‘(i) each of the primary indicators of 17 performance— 18 ‘‘(I) for adults, as described in 19 section 116(b)(2)(A)(i), for eligible 20 adults in reentry projects for eligible 21 adults or reentry projects for both eli22 gible adults and eligible youth; and 23 ‘‘(II) for youth, as described in 24 section 116(b)(2)(A)(ii), for eligible 25 youth in reentry projects for eligible VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01273 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1274. 1274 1 youth or reentry projects for both eli2 gible adults and eligible youth; and 3 ‘‘(ii) an indicator of performance es4 tablished by the Secretary with respect to 5 participant recidivism. 6 ‘‘(B) UPDATES.—The levels established 7 under subparagraph (A) shall be updated for 8 each 4-year-award period. 9 ‘‘(2) AGREEMENT ON LEVELS OF PERFORM10 ANCE.—In establishing and updating levels of per11 formance under paragraph (1), the Secretary shall 12 reach agreement on such levels with the eligible enti13 ties receiving awards under this section that will be 14 subject to such levels, based on, as the Secretary de15 termines relevant for each indicator of performance 16 applicable under paragraph (1), each of the fol17 lowing factors: 18 ‘‘(A) The proposed levels of performance of 19 each such eligible entity described in the appli20 cation submitted under subsection (c)(2)(H). 21 ‘‘(B) The local economic conditions of the 22 geographic area to be served by each such eligi23 ble entity, including differences in unemploy24 ment rates and job losses or gains in particular 25 industries. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01274 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1275. 1275 1 ‘‘(C) The characteristics of project partici2 pants when entering the project involved, in3 cluding— 4 ‘‘(i) criminal records; 5 ‘‘(ii) indicators of work history; 6 ‘‘(iii) work experience; 7 ‘‘(iv) educational or occupational skills 8 attainment; 9 ‘‘(v) levels of literacy or English pro10 ficiency; 11 ‘‘(vi) disability status; 12 ‘‘(vii) homelessness; and 13 ‘‘(viii) receipt of public assistance. 14 ‘‘(3) FAILURE TO MEET LEVELS OF PERFORM15 ANCE.—In the case of an eligible entity that fails to 16 meet the levels of performance established under 17 paragraph (1) and updated to reflect the actual local 18 economic conditions and characteristics of partici19 pants (as described in subparagraphs (B) and (C) of 20 paragraph (2)) served by the reentry project involved 21 for any award year, the Secretary shall provide tech22 nical assistance to the eligible entity, including the 23 development of a performance improvement plan. 24 ‘‘(f) EVALUATION OF REENTRY PROJECTS.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01275 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1276. 1276 1 ‘‘(1) IN GENERAL.—Not later than 5 years 2 after the first award of funds under this section is 3 made, the Secretary (acting through the Chief Eval4 uation Officer) shall meet each of the following re5 quirements: 6 ‘‘(A) DESIGN AND CONDUCT OF EVALUA7 TION.—Design and conduct an evaluation to 8 evaluate the effectiveness of the reentry projects 9 funded under this section, which meets the re10 quirements of paragraph (2), and includes an 11 evaluation of each of the following: 12 ‘‘(i) The effectiveness of such projects 13 in assisting individuals with finding unsub14 sidized employment, and maintaining un15 subsidized employment during the second 16 quarter and fourth quarter after exit from 17 the project. 18 ‘‘(ii) The effectiveness of such projects 19 in assisting individuals with earning recog20 nized postsecondary credentials. 21 ‘‘(iii) The effectiveness of such 22 projects in relation to their cost, including 23 the extent to which the projects improve 24 reentry outcomes, including in employ25 ment, compensation (which may include VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01276 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1277. 1277 1 wages earned and benefits), career ad2 vancement, measurable skills gains, and 3 recognized postsecondary credentials 4 earned, and including the extent to which 5 the projects reduce recidivism of partici6 pants in comparison to comparably situ7 ated individuals who did not participate in 8 such projects. 9 ‘‘(iv) The effectiveness of specific 10 services and interventions provided and of 11 the overall project design. 12 ‘‘(v) If applicable, the extent to which 13 such projects effectively serve various de14 mographic groups, including people of dif15 ferent geographic locations, ages, races, 16 national origins, and criminal records, and 17 individuals with disabilities. 18 ‘‘(vi) If applicable, the appropriate19 ness of the sequencing, combination, or 20 concurrent structure, of services for each 21 subpopulation of individuals who are par22 ticipants in such projects, such as the 23 order, combination, or concurrent structure 24 of services in which transitional jobs and 25 occupational skills development are proVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01277 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1278. 1278 1 vided, to ensure that such participants are 2 prepared to fully benefit from education, 3 employment, and training services provided 4 under the project. 5 ‘‘(vii) Limitations or barriers to edu6 cation and employment encountered by 7 participants served by the projects as a re8 sult of occupational or educational licens9 ing restrictions. 10 ‘‘(B) DATA ACCESSIBILITY.—Make avail11 able, on the publicly accessible website managed 12 by the Department of Labor, data collected 13 during the course of evaluation under this sub14 section, in an aggregated format that does not 15 disclose personally identifiable information. 16 ‘‘(2) DESIGN REQUIREMENTS.—An evaluation 17 under this subsection— 18 ‘‘(A) shall— 19 ‘‘(i) be designed by the Secretary (act20 ing through the Chief Evaluation Officer) 21 in conjunction with the eligible entities car22 rying out the reentry projects being evalu23 ated; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01278 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1279. 1279 1 ‘‘(ii) include analysis of participant 2 feedback and outcome and process meas3 ures; and 4 ‘‘(iii) use designs that employ the 5 most rigorous analytical and statistical 6 methods that are reasonably feasible, such 7 as the use of control groups; and 8 ‘‘(B) may not— 9 ‘‘(i) collect personally identifiable in10 formation, except to the extent such infor11 mation is necessary to conduct the evalua12 tion; or 13 ‘‘(ii) reveal or share personally identi14 fiable information. 15 ‘‘(3) PUBLICATION AND REPORTING OF EVAL16 UATION FINDINGS.—The Secretary (acting through 17 the Chief Evaluation Officer) shall— 18 ‘‘(A) in accordance with the timeline deter19 mined to be appropriate by the Chief Evalua20 tion Officer, publish an interim report on such 21 evaluation; 22 ‘‘(B) not later than 90 days after the date 23 on which any evaluation is completed under this 24 subsection, publish and make publicly available 25 the results of such evaluation; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01279 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1280. 1280 1 ‘‘(C) not later than 60 days after the com2 pletion date described in subparagraph (B), 3 submit to the Committee on Education and the 4 Workforce of the House of Representatives and 5 the Committee on Health, Education, Labor, 6 and Pensions of the Senate a report on such 7 evaluation. 8 ‘‘(g) ANNUAL REPORT.— 9 ‘‘(1) CONTENTS.—Subject to paragraph (2), 10 the Secretary shall post, using transparent, linked, 11 open, and interoperable data formats, on the publicly 12 accessible website described in subsection (f)(1)(B), 13 an annual report, covering the most recent program 14 preceding the report, on— 15 ‘‘(A) the number of individuals who par16 ticipated in projects assisted under this section 17 during the program year; 18 ‘‘(B) the percentage of such individuals 19 who successfully completed the requirements of 20 such projects; 21 ‘‘(C) the performance of eligible entities on 22 such projects as measured by the indicators of 23 performance set forth in subsection (e); and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01280 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1281. 1281 1 ‘‘(D) an explanation of any waivers grant2 ed by the Secretary of the matching require3 ment under subsection (d)(4). 4 ‘‘(2) DISAGGREGATION.—The information pro5 vided under subparagraphs (A) through (C) of para6 graph (1) with respect to a program year shall be 7 disaggregated by each project assisted under this 8 section for such program year. 9 ‘‘(h) RESERVATION OF FUNDS.—Of the funds appro10 priated under section 175(e) for a fiscal year, the Sec11 retary— 12 ‘‘(1) may reserve not more than 5 percent for 13 the administration of awards made under this sec14 tion, of which not more than 2 percent of the appro15 priated funds may be reserved for the provision of— 16 ‘‘(A) technical assistance to eligible entities 17 that receive funds under this section; and 18 ‘‘(B) outreach and technical assistance to 19 eligible entities desiring to receive such funds, 20 including assistance with application develop21 ment and submission; and 22 ‘‘(2) shall reserve not less than 1 percent and 23 not more than 2.5 percent for the evaluation activi24 ties under subsection (f) or to support eligible entiVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01281 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1282. 1282 1 ties with any required data collection, analysis, and 2 coordination related to such evaluation activities. 3 ‘‘(i) DEFINITIONS.—In this section: 4 ‘‘(1) AWARD.—The term ‘award’ means an 5 award of funds through a grant, contract, or cooper6 ative agreement. 7 ‘‘(2) CHIEF EVALUATION OFFICER.—The term 8 ‘Chief Evaluation Officer’ means the head of the 9 independent evaluation office located in the Office of 10 the Assistant Secretary for Policy of the Department 11 of Labor. 12 ‘‘(3) CORRECTIONAL INSTITUTION.—The term 13 ‘correctional institution’ has the meaning given the 14 term in section 225(e). 15 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en16 tity’ means— 17 ‘‘(A) a private nonprofit organization 18 under section 501(c)(3) of the Internal Revenue 19 Code of 1986 that is exempt from taxation 20 under section 501(a) of such Code, including a 21 community-based or faith-based organization; 22 ‘‘(B) a local board; 23 ‘‘(C) a State or local government; 24 ‘‘(D) an Indian or Native American entity 25 eligible for grants under section 166; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01282 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1283. 1283 1 ‘‘(E) a labor organization or joint labor2 management organization; 3 ‘‘(F) an industry or sector partnership; 4 ‘‘(G) an institution of higher education; or 5 ‘‘(H) a consortium of the entities described 6 in subparagraphs (A) through (G). 7 ‘‘(5) ELIGIBLE ADULT.—The term ‘eligible 8 adult’ means a justice-involved individual who is age 9 25 or older. 10 ‘‘(6) ELIGIBLE YOUTH.—The term ‘eligible 11 youth’ means a justice-involved individual who is not 12 younger than age 14 or older than age 24. 13 ‘‘(7) HIGH-POVERTY.—The term ‘high-poverty’, 14 when used with respect to a geographic area, means 15 an area with a poverty rate of at least 20 percent 16 as determined based on the most recently available 17 data from the American Community Survey con18 ducted by the Bureau of the Census. 19 ‘‘(8) JUSTICE-INVOLVED INDIVIDUAL.—Not20 withstanding section 3, the term ‘justice-involved in21 dividual’ means— 22 ‘‘(A) an individual of any age who— 23 ‘‘(i) not more than 5 years before en24 rollment in a project funded under sub25 section (b)(1)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01283 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1284. 1284 1 ‘‘(I) was released from incarcer2 ation in a correctional institution (in3 cluding being enrolled in a work re4 lease center at the institution); or 5 ‘‘(II) finished serving an alter6 native sentence, or a sentence to a di7 version program, ordered through the 8 adult criminal justice system; or 9 ‘‘(ii) on such date of enrollment, is 10 subject to the adult criminal justice sys11 tem, including an individual who— 12 ‘‘(I) is incarcerated in a correc13 tional institution (including being en14 rolled in a work release center at the 15 institution), but is scheduled to be re16 leased not more than 180 days after 17 such date of enrollment; 18 ‘‘(II) is residing in a residential 19 reentry center; 20 ‘‘(III) is subject to electronic or 21 home-based monitoring; 22 ‘‘(IV) is in the community on 23 probation or parole; or 24 ‘‘(V) is serving an alternative 25 sentence, or a sentence to a diversion VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01284 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1285. 1285 1 program, ordered through that sys2 tem; or 3 ‘‘(B) an individual who— 4 ‘‘(i) is not younger than age 14 or 5 older than age 24; and 6 ‘‘(ii) has been— 7 ‘‘(I) charged with, or convicted 8 of, any criminal offense; or 9 ‘‘(II) charged with, detained for, 10 or adjudicated of, a delinquent act or 11 status offense in a juvenile court. 12 ‘‘(9) YOUTH PROJECT ELIGIBLE ENTITY.—The 13 term ‘youth project eligible entity’ means— 14 ‘‘(A) an organization described in section 15 501(c)(3) of the Internal Revenue Code of 1986 16 that is exempt from taxation under section 17 501(a) of such Code; or 18 ‘‘(B) a State or local juvenile justice agen19 cy, or a State or local adult correctional agency 20 with a focus on eligible youth.’’. 21 SEC. 178. YOUTH APPRENTICESHIP READINESS GRANT 22 PROGRAM. 23 Subtitle D of title I of the Workforce Innovation and 24 Opportunity Act (29 U.S.C. 3221 et seq.) is further VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01285 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1286. 1286 1 amended by inserting after section 172, as added by the 2 preceding section, the following: 3 ‘‘SEC. 173. YOUTH APPRENTICESHIP READINESS GRANT 4 PROGRAM. 5 ‘‘(a) PURPOSES.—The purposes of this section are— 6 ‘‘(1) to increase earnings and employment for 7 in-school youth and opportunity youth, ages 16 8 through 24, through enrollment in and completion of 9 evidence-based pre-apprenticeship programs and ap10 prenticeship programs that serve youth; 11 ‘‘(2) to engage educational entities, organiza12 tions carrying out programs that serve opportunity 13 youth, local educational agencies, State boards, local 14 boards, employers, workforce partners (including 15 one-stop partners), and other apprenticeship inter16 mediaries, to establish innovative models for pre-ap17 prenticeship programs and apprenticeship programs 18 that serve youth, including coordinating with pro19 grams that offer supportive services that can enable 20 participation in and completion of the program; and 21 ‘‘(3) to promote alignment between education 22 and workforce development systems (such as 23 through public-private partnerships) to enable in24 school youth and opportunity youth to participate in VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01286 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1287. 1287 1 postsecondary education and career pathways, in2 cluding apprenticeships, that result in careers. 3 ‘‘(b) YOUTH APPRENTICESHIP READINESS GRANT 4 PROGRAM.— 5 ‘‘(1) IN GENERAL.—From the amounts made 6 available to carry out this section under section 7 414(c) of the American Competitiveness and Work8 force Improvement Act (29 U.S.C. 3224a) and not 9 reserved under paragraph (2), the Secretary shall, 10 on a competitive basis, make grants to eligible enti11 ties for projects to develop new or expand existing 12 pre-apprenticeship programs and apprenticeships 13 that serve youth. 14 ‘‘(2) ADMINISTRATIVE RESERVATION.—Of the 15 amounts made available to carry out this section, the 16 Secretary may reserve not more than 5 percent for 17 the administration of grants made under this sec18 tion, including— 19 ‘‘(A) not more than 3 percent for the pro20 vision of technical assistance to eligible entities 21 during the application period or the implemen22 tation phase of such grant; and 23 ‘‘(B) not more than 2 percent for evalua24 tions of employment and earnings outcomes de25 scribed in clauses (vi), (vii), and (viii) of subVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01287 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1288. 1288 1 section (e)(2)(B), identifying best practices, and 2 facilitating the sharing of best practices among 3 eligible entities by carrying out the identifica4 tion and dissemination described in subsection 5 (f)(2). 6 ‘‘(3) GRANT PERIOD.—The Secretary shall 7 make such a grant for a period of not more than 4 8 years and may extend the grant for a period of not 9 more than 2 additional years if the grant recipient 10 is making progress in achieving the objectives of the 11 project’s identified programs. 12 ‘‘(4) PRIORITY.—In making grants under this 13 section, the Secretary shall give priority to eligible 14 entities that— 15 ‘‘(A) serve an area with significant work16 force shortages in the industry sector or occu17 pation for which the eligible entity proposes to 18 establish an identified program; 19 ‘‘(B) propose to expand or have a dem20 onstrated track record of expanding employ21 ment opportunities and career pathways for in22 dividuals with a barrier to employment; 23 ‘‘(C) propose to primarily serve a popu24 lation that is located in a rural or urban com25 munity and has an area median household inVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01288 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1289. 1289 1 come of not more than 150 percent of the pov2 erty line; or 3 ‘‘(D) include within the eligible entity a 4 high-need local educational agency or a high5 need educational service agency. 6 ‘‘(5) MATCHING REQUIREMENT FOR GRANTS.— 7 In order to receive a grant from the Secretary under 8 this section, an eligible entity shall provide a non9 Federal contribution, which may be provided in cash 10 or in-kind, for the costs of the project in an amount 11 that is not less than 25 percent of the total amount 12 of funds awarded to the entity for such period. 13 ‘‘(c) APPLICATION.—An eligible entity that desires to 14 receive a grant under this section shall submit an applica15 tion to the Secretary at such time and in such manner 16 as the Secretary may require and shall include the fol17 lowing: 18 ‘‘(1)(A) A description of the eligible entity’s 19 proposed project, to be supported by such grant, in20 cluding a provision identifying whether such project 21 will develop or expand 1 or more pre-apprenticeship 22 programs or 1 or more apprenticeship programs that 23 serve youth. 24 ‘‘(B) Except in the case of an identified program by 25 an eligible entity described in subsection (i)(5)(A)(i) that VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01289 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1290. 1290 1 is an apprenticeship program that serves youth and re2 quires each enrolled youth apprentice to have a regular 3 high school diploma (or recognized equivalent) as a condi4 tion of enrollment, an assurance that each identified pro5 gram will be designed to enable— 6 ‘‘(i) in-school youth to receive a regular high 7 school diploma (in partnership with the local edu8 cational agency that serves such youth) and receive 9 a recognized postsecondary credential (other than 10 such a credential that is a baccalaureate degree) 11 upon completion of the program; or 12 ‘‘(ii) opportunity youth to receive a high school 13 diploma or recognized equivalent and receive a rec14 ognized postsecondary credential (other than such a 15 credential that is a baccalaureate degree) upon com16 pletion of the program. 17 ‘‘(2) A description of the eligible entity and a 18 description of how such eligible entity will— 19 ‘‘(A) engage with employers to develop or 20 expand, and sustain, each identified program; 21 and 22 ‘‘(B) combine academic, career and tech23 nical education, or related classroom instruction 24 with on-the-job training, allowing youth to deVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01290 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1291. 1291 1 velop industry-specific or occupation-specific 2 workplace competencies and skills. 3 ‘‘(3) A description of the need for and design 4 of the project, including— 5 ‘‘(A) a description of the specific youth 6 population to be served by the project, includ7 ing— 8 ‘‘(i) the subgroups of participants in 9 the population and skill levels of such par10 ticipants, and whether such participants 11 are in-school youth or opportunity youth; 12 ‘‘(ii) how the project will increase em13 ployment opportunities for youth who are 14 individuals with a barrier to employment 15 and youth from different subgroups of par16 ticipants; and 17 ‘‘(iii) how the eligible entity will en18 sure that a wide range of youth, including 19 youth who are individuals with a barrier to 20 employment and youth from different sub21 groups of participants, are able to partici22 pate in each identified program; 23 ‘‘(B) a description of the industry sector or 24 occupation targeted through the eligible entity’s 25 proposed project, the projected demand for the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01291 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1292. 1292 1 project in the area served by the eligible entity, 2 and a citation of the data source for the pro3 jected demand; 4 ‘‘(C) a description of the on-the-job train5 ing portion of the project, including a list of the 6 partners responsible for providing the on-the7 job training, and how such training will be de8 signed flexibly to meet the needs and schedule 9 of in-school youth and opportunity youth; 10 ‘‘(D) a description of the related classroom 11 instruction portion of the project, including— 12 ‘‘(i) how coursework for that instruc13 tion will be integrated into each identified 14 program and developed in conjunction with 15 and provided by education and training 16 providers that are or are within the eligible 17 entity, the specific partners that will pro18 vide the related classroom instruction, and 19 (as applicable) how the program may be 20 aligned with the programs of early college 21 high schools or dual or concurrent enroll22 ment programs to support youth pre-ap23 prentices or apprentices involved in earning 24 postsecondary credit; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01292 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1293. 1293 1 ‘‘(ii) with respect to an identified 2 project by an eligible entity described in 3 subsection (i)(5)(A)(ii) that is designed to 4 serve in-school youth, a description of how 5 the eligible entity, through the project, will 6 partner with the local educational agency 7 that serves such youth to align challenging 8 State academic standards and occupational 9 skill standards to enable such youth to ob10 tain a regular high school diploma while 11 served by the program; and 12 ‘‘(iii) an explanation of how the 13 project will combine academic, career and 14 technical education, or related classroom 15 instruction with on-the-job training; 16 ‘‘(E) a description of the proposed sup17 portive services strategy for the youth pre-ap18 prentices or apprentices involved, how the 19 project will partner with or refer youth pre-ap20 prentices or apprentices to entities in the area 21 served by the eligible entity that provide sup22 portive services, how such supportive services 23 will promote retention in and completion of the 24 identified program involved, and the projected VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01293 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1294. 1294 1 Federal, State, and local costs of such sup2 portive services; 3 ‘‘(F) if the eligible entity proposes to oper4 ate an apprenticeship program that serves 5 youth— 6 ‘‘(i) the youth apprenticeship agree7 ment the eligible entity intends to use; 8 ‘‘(ii) a description of how such eligible 9 entity will incorporate into the apprentice10 ship program recognized postsecondary 11 credentials that enable youth apprentices 12 to articulate to employment or higher level 13 degree or other credential programs for 14 multiple pathways, including enrollment in 15 postsecondary education and employment; 16 and 17 ‘‘(iii) if the eligible entity proposes to 18 develop a new apprenticeship program that 19 serves youth, a description of how the lead 20 applicant and partners will register such 21 new program with the Office of Appren22 ticeship or State apprenticeship agency 23 and ensure the employer or sponsor is in 24 compliance with the standards and require25 ments of a registered apprenticeship under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01294 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1295. 1295 1 the Act of August 16, 1937 (commonly 2 known as the ‘National Apprenticeship 3 Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 4 50 et seq.), and that youth apprentices will 5 earn a recognized postsecondary credential; 6 and 7 ‘‘(G) if the eligible entity proposes to oper8 ate a pre-apprenticeship program— 9 ‘‘(i) a description of how the eligible 10 entity, through the program, will connect 11 participants to and prepare participants 12 for an apprenticeship program; and 13 ‘‘(ii) an explanation of how the eligible 14 entity, in carrying out the project involved, 15 will work with alternative and non-tradi16 tional schools, institutions of higher edu17 cation, and opportunity youth programs. 18 ‘‘(4) A description of how the eligible entity will 19 promote alignment between local or State education 20 and workforce development systems by supporting 21 policies or practices that facilitate transitions from 22 secondary school (including alternative and nontradi23 tional schools) and pre-apprenticeship programs to 24 apprenticeship programs and postsecondary edu25 cation. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01295 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1296. 1296 1 ‘‘(5) A description of expected outcomes and 2 outputs from the project that includes— 3 ‘‘(A) an attestation that the eligible entity 4 will report to the Secretary, in a timely and 5 complete manner, the information required 6 under subsection (e); and 7 ‘‘(B) estimated levels of performance over 8 each year of the grant period for each of the in9 dicators described in subparagraphs (B) and 10 (C) of subsection (e)(2). 11 ‘‘(6) A description of the roles and responsibil12 ities of each entity involved in the project, including 13 any such entity that is a State or local government 14 entity, qualified intermediary, service provider, inde15 pendent evaluator, or other stakeholder. 16 ‘‘(7) An attestation that the eligible entity has, 17 or will attempt to develop, a memorandum of under18 standing with any relevant State workforce agency 19 to facilitate matches to wage record data for youth 20 pre-apprentices or apprentices to obtain the nec21 essary information to fulfill the requirements of sub22 section (e)(2). 23 ‘‘(8) The total intended budget for the project, 24 including a description of any additional resources 25 that may supplement the amount awarded under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01296 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1297. 1297 1 this section, including any funds the eligible entity 2 intends to use to fulfill the matching funds require3 ment described under subsection (b)(5), and a de4 scription of the eligible entity’s plan to sustain the 5 project funded through the grant beyond the conclu6 sion of the grant period. 7 ‘‘(9) For any program offering a recognized 8 postsecondary credential, a description of how the 9 program leads to the credential. 10 ‘‘(d) USES OF FUNDS.— 11 ‘‘(1) IN GENERAL.—An eligible entity receiving 12 a grant under this section shall use the grant funds 13 to carry out the project proposed under subsection 14 (c) for purposes of carrying out 1 or more of the fol15 lowing activities: 16 ‘‘(A) Develop or expand a pre-apprentice17 ship program. 18 ‘‘(B) Develop or expand an apprenticeship 19 program that serves youth, including registering 20 such a program and its youth apprentices 21 through the Office of Apprenticeship or an ap22 plicable State apprenticeship agency. 23 ‘‘(2) ADDITIONAL USES.—An eligible entity re24 ceiving a grant under this section may use the grant 25 funds, for each identified program, to— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01297 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1298. 1298 1 ‘‘(A) recruit youth to and enroll youth in 2 an identified program, including conducting 3 outreach to individuals with a barrier to em4 ployment and individuals preparing for non5 traditional employment (when the identified 6 program is in such field); 7 ‘‘(B) conduct participant assessments to 8 determine skill levels; 9 ‘‘(C) support the provision of on-the-job 10 training for participants in accordance with 11 subsection (c)(3)(C), including by developing or 12 modifying training activities to meet the needs 13 of participants, as applicable; 14 ‘‘(D) support the provision of related class15 room instruction by education and training pro16 viders for participants in accordance with sub17 section (c)(3)(D), including— 18 ‘‘(i) the development of courses at the 19 secondary level— 20 ‘‘(I) that are aligned with re21 quirements to obtain a regular high 22 school diploma and integrated into the 23 identified program; and 24 ‘‘(II) that may be aligned with 25 the requirements of early college high VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01298 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1299. 1299 1 schools or dual or concurrent enroll2 ment programs to support youth pre3 apprentices or youth apprentices in4 volved in earning postsecondary cred5 it; 6 ‘‘(ii) if the identified program is de7 signed to serve in-school youth, the align8 ment of challenging State academic stand9 ards and occupational skill standards in 10 secondary education; 11 ‘‘(iii) payment of participant tuition 12 or other educational fees for projects; and 13 ‘‘(iv) the provision of instructional 14 materials, equipment, and educational 15 technology for such instruction; 16 ‘‘(E) provide supportive services such as 17 transportation, child care, dependent care, 18 housing, and needs-related payments to enable 19 youth to participate in and complete the edu20 cation and training activities of the identified 21 program; 22 ‘‘(F) provide professional development op23 portunities for secondary and postsecondary 24 educators, and employers and mentors in the 25 project, to prepare the educators, employers, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01299 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1300. 1300 1 and mentors to effectively support youth par2 ticipating in the identified program; 3 ‘‘(G) increase awareness among parents, 4 educators, students (especially individuals with 5 a barrier to employment, individuals from un6 derserved populations, and individuals from 7 nontraditional apprenticeship populations), and 8 employers or apprenticeship sponsors in the tar9 geted service area about the benefits of youth 10 participating in a pre-apprenticeship program 11 or an apprenticeship program that serves youth; 12 ‘‘(H) promote innovation, inclusion in the 13 identified program, and alignment of the pro14 gram with programs authorized under the Carl 15 D. Perkins Career and Technical Education Act 16 of 2006 (20 U.S.C. 2301 et seq.); and 17 ‘‘(I) develop and integrate data collection 18 systems, including within a statewide longitu19 dinal data system, to track educational and em20 ployment outcomes of participants in the identi21 fied program. 22 ‘‘(3) SUPPORTIVE SERVICES.—An eligible entity 23 receiving a grant under this section may use, as pro24 vided in paragraph (2)(E), not more than 15 percent 25 of grant funds awarded under this section to provide VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01300 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1301. 1301 1 supportive services in accordance with that para2 graph. 3 ‘‘(e) LEVELS OF PERFORMANCE.— 4 ‘‘(1) TARGETED LEVELS OF PERFORMANCE.— 5 ‘‘(A) IN GENERAL.—An eligible entity re6 ceiving a grant under this section shall, in ac7 cordance with the indicators for participant out8 comes described in paragraph (2)(B) and for 9 program outputs described in paragraph (2)(C), 10 identify targeted levels of performance for such 11 indicators, which shall, at minimum, be equal to 12 or greater than the estimated levels of perform13 ance identified by the eligible entity in the enti14 ty’s application under subsection (c)(5). 15 ‘‘(B) AGREEMENT ON TARGETED LEVELS 16 OF PERFORMANCE.—Not later than 2 months 17 after the identification described in subpara18 graph (A), the eligible entity shall reach an 19 agreement with the Secretary on levels of per20 formance for each indicator described in sub21 paragraphs (B) and (C) of paragraph (2). 22 ‘‘(2) ANNUAL RECIPIENT REPORT.— 23 ‘‘(A) IN GENERAL.—Not later than 2 years 24 after receipt of a grant under this section and 25 annually thereafter, the eligible entity shall preVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01301 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1302. 1302 1 pare and submit to the Secretary a report eval2 uating the performance and impact of the 3 project funded through the grant with respect 4 to participant outcome and program output in5 dicators described in subparagraphs (B) and 6 (C), disaggregated by the subgroups of partici7 pants subject to paragraph (3). 8 ‘‘(B) PARTICIPANT OUTCOMES.—Con9 sistent with subparagraph (A), an eligible entity 10 receiving a grant under this section shall report 11 to the Secretary data, for each identified pro12 gram carried out by the eligible entity, on par13 ticipant outcome indicators for each such pro14 gram consisting of the— 15 ‘‘(i) total participants served and en16 rolled in any identified program, 17 disaggregated by youth pre-apprentices 18 and apprentices; 19 ‘‘(ii) retention rate during each fiscal 20 year of participants enrolled in any identi21 fied program in the project that have not 22 completed such program, compared to that 23 retention rate for the previous fiscal year, 24 disaggregated by youth pre-apprentices 25 and apprentices; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01302 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1303. 1303 1 ‘‘(iii) total participants who attain a 2 regular high school diploma or recognized 3 equivalent, disaggregated by youth pre-ap4 prentices and apprentices; 5 ‘‘(iv) total participants who complete 6 such an identified program; 7 ‘‘(v) total participants who receive an 8 associate or baccalaureate degree or other 9 type of recognized postsecondary credential 10 during or upon completion of the identified 11 program; 12 ‘‘(vi) median hourly wage of youth 13 pre-apprentices (as applicable) or youth 14 apprentices on the date of exit from the 15 identified program and during the second 16 and fourth quarters after exit from the 17 program, and a comparison of such wage 18 to the local median hourly wage for the in19 dustry sector or occupation for which the 20 identified program is targeted; 21 ‘‘(vii) total participants in employ22 ment during the second and fourth quarter 23 after exit from the program; and 24 ‘‘(viii) total participants who complete 25 a pre-apprenticeship program, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01303 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1304. 1304 1 disaggregated by the type of education, 2 skills development, and apprenticeship op3 portunities or employment pursued by such 4 youth pre-apprentices after such comple5 tion. 6 ‘‘(C) PROGRAM OUTPUTS.—Consistent 7 with subparagraph (A), an eligible entity receiv8 ing a grant under this section shall report to 9 the Secretary data on program output indica10 tors consisting of the— 11 ‘‘(i) total number of all identified pro12 grams developed or expanded during the 13 period covered by the report, disaggregated 14 by pre-apprenticeship programs and ap15 prenticeship programs that serve youth; 16 ‘‘(ii) total number of apprenticeships 17 that serve youth, if applicable, that were 18 developed or expanded during that period, 19 including an apprenticeship program ex20 panded as described in subsection (d)(1) to 21 new industry sectors, occupations, or serv22 ice areas; 23 ‘‘(iii) total number of employers who 24 became engaged in an identified program VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01304 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1305. 1305 1 during that period, as a direct result of a 2 grant under this section; and 3 ‘‘(iv) for each year of the period cov4 ered by the report, the total share of the 5 grant received under this section spent by 6 the eligible entity on the uses of funds de7 scribed under subparagraphs (C) and (D) 8 of subsection (d)(2). 9 ‘‘(3) DISAGGREGATION.—The disaggregation of 10 data under paragraph (2) shall not be required in a 11 case where the number of participants in the sub12 group of participants is insufficient to yield statis13 tically reliable information or the results would re14 veal personally identifiable information about an in15 dividual participant. 16 ‘‘(4) USE OF RESULTS.— 17 ‘‘(A) EVALUATION.— 18 ‘‘(i) ANNUAL EVALUATION.—Not later 19 than 2 years after the date of enactment 20 of the A Stronger Workforce for America 21 Act and annually thereafter, the Secretary 22 shall evaluate whether each eligible entity 23 involved met the agreed levels of perform24 ance described in paragraph (1)(B) for VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01305 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1306. 1306 1 each of the eligible entity’s identified pro2 grams. 3 ‘‘(ii) END OF PROGRAM EVALUA4 TION.—Not later than 30 days after each 5 cohort of participants completes an eligible 6 entity’s identified program, the Secretary 7 shall evaluate whether the eligible entity 8 met the agreed levels of performance for 9 that identified program. 10 ‘‘(B) TECHNICAL ASSISTANCE.—If the 11 Secretary determines under subparagraph (A) 12 that an eligible entity fails to meet 1 or more 13 of the agreed levels of performance for an iden14 tified program, the Secretary shall provide tech15 nical assistance, including assistance in the de16 velopment of a performance improvement plan. 17 ‘‘(C) NONRENEWAL OF GRANT.—If the 18 Secretary determines, 1 year after the eligible 19 entity receives that technical assistance and im20 plements that plan, that the eligible entity fails 21 to meet the agreed levels of performance de22 scribed in paragraph (1)(B) for an identified 23 program, the Secretary shall not extend a grant 24 for that eligible entity for that program under 25 subsection (b). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01306 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1307. 1307 1 ‘‘(f) EVALUATIONS AND REPORTS.— 2 ‘‘(1) REPORT TO CONGRESS.—Not later than 3 24 months after the date of enactment of the A 4 Stronger Workforce for America Act and annually 5 thereafter, the Secretary, in coordination with the 6 Secretary of Education, using data reported by eligi7 ble entities pursuant to the requirements under sub8 section (e)— 9 ‘‘(A) shall publish the data; 10 ‘‘(B) shall prepare and make publicly avail11 able a report containing the data on the indica12 tors described in subparagraphs (B) and (C) of 13 subsection (e)(2); and 14 ‘‘(C) shall submit the report to the Com15 mittee on Health, Education, Labor, and Pen16 sions of the Senate and the Committee on Edu17 cation and the Workforce of the House of Rep18 resentatives. 19 ‘‘(2) SHARING OF BEST PRACTICES.—Not later 20 than 2 years after the date of enactment of the A 21 Stronger Workforce for America Act, the Secretary 22 shall use funds reserved under subsection (b)(2)(C) 23 to identify and disseminate, through a website devel24 oped by the Department of Labor, best practices in 25 developing and expanding pre-apprenticeship opporVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01307 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1308. 1308 1 tunities or apprenticeship opportunities for youth 2 used by— 3 ‘‘(A) eligible entities receiving a grant 4 under this section; and 5 ‘‘(B) States and local areas adopting inno6 vative and effective practices to develop and ex7 pand such opportunities. 8 ‘‘(g) COMPLIANCE WITH OTHER LAWS AND AGREE9 MENTS.— 10 ‘‘(1) COLLECTIVE BARGAINING.—Nothing in a 11 youth apprenticeship agreement under this section 12 shall be construed to invalidate an applicable provi13 sion in a collective bargaining agreement, between 14 employers and employees, that establishes higher 15 standards for programs in the national apprentice16 ship system. 17 ‘‘(2) CHILD LABOR.— 18 ‘‘(A) IN GENERAL.—An eligible entity car19 rying out a project under this section shall en20 sure compliance with the provisions on child 21 labor under the Fair Labor Standards Act of 22 1938 (29 U.S.C. 201 et seq.) and State law (in23 cluding Federal and State regulations under 24 those laws), and with State workers’ compensa25 tion laws. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01308 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1309. 1309 1 ‘‘(B) MINIMUM LEGAL AGE.—The eligible 2 entity shall only serve in-school youth, and op3 portunity youth, who are not younger than the 4 minimum legal age to be employed as appren5 tices under the Fair Labor Standards Act of 6 1938 (29 U.S.C. 201 et seq.) and any applica7 ble State laws. 8 ‘‘(C) PRE-APPRENTICESHIP EXCEPTION.— 9 An eligible entity that prepares or intends to 10 prepare individuals for a covered occupation 11 may submit an application under subsection (c) 12 to develop or expand a pre-apprenticeship pro13 gram that serves a youth who is younger than 14 the age of 18 only if the program is limited to 15 classroom instruction in the covered occupation. 16 ‘‘(h) SPECIAL RULES REGARDING PROTECTIONS FOR 17 YOUTH IN PROGRAMS THAT PREPARE YOUTH FOR COV18 ERED OCCUPATIONS.— 19 ‘‘(1) PRE-APPRENTICESHIPS IN COVERED OCCU20 PATIONS FOR YOUTH UNDER THE AGE OF 18.—A 21 pre-apprenticeship program supported using funds 22 awarded under this section that serves or intends to 23 serve a youth who is younger than the age of 18 and 24 prepares such youth for a covered occupation may 25 only provide classroom instruction to such youth in VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01309 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1310. 1310 1 such program and may not provide on-the-job train2 ing in a covered occupation to such youth in such 3 program. 4 ‘‘(2) PROHIBITION ON YOUTH APPRENTICE5 SHIPS IN COVERED OCCUPATIONS FOR YOUTH 6 UNDER THE AGE OF 18.—An apprenticeship pro7 gram that serves youth that is supported using 8 funds awarded under this section and that prepares 9 a youth apprentice for a covered occupation may not 10 enroll in such program a youth who is younger than 11 the age of 18. 12 ‘‘(3) APPRENTICESHIPS FOR YOUTH UNDER 13 THE AGE OF 18.—An apprenticeship program sup14 ported using funds awarded under this section may 15 serve youth who are not younger than age 16 or 16 older than age 17, provided that such program is 17 not preparing such youth for a covered occupation. 18 ‘‘(i) DEFINITIONS.—In this section: 19 ‘‘(1) APPRENTICESHIP PROGRAM THAT SERVES 20 YOUTH.—The term ‘apprenticeship program that 21 serves youth’ means a registered apprenticeship pro22 gram registered by the Office of Apprenticeship or 23 a State apprenticeship agency under the Act of Au24 gust 16, 1937 (commonly known as the ‘National 25 Apprenticeship Act’; 50 Stat. 664, chapter 663; 29 VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01310 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1311. 1311 1 U.S.C. 50 et seq.), that is designed for youth not 2 younger than age 16 or older than age 24. 3 ‘‘(2) COVERED OCCUPATION.—The term ‘cov4 ered occupation’ means an occupation in— 5 ‘‘(A) manufacturing; 6 ‘‘(B) construction; 7 ‘‘(C) mining; 8 ‘‘(D) trenching or excavation; 9 ‘‘(E) logging or an occupation related to 10 timber; 11 ‘‘(F) work involving a saw mill; 12 ‘‘(G) work involving the operation of heavy 13 machinery; 14 ‘‘(H) work involving exposure to radio15 active substances or to ionizing radiations; 16 ‘‘(I) meat processing; 17 ‘‘(J) demolition; 18 ‘‘(K) explosives; or 19 ‘‘(L) work in any industry sector or occu20 pation that is prohibited to a youth who is 21 younger than the age of 18 under the laws or 22 policies of the State where the work occurs. 23 ‘‘(3) CTE TERMS.—The terms ‘Tribally con24 trolled college or university’ and ‘Tribally controlled 25 postsecondary career and technical institution’ have VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01311 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1312. 1312 1 the meanings given the terms ‘tribally controlled col2 lege or university’ and ‘tribally controlled postsec3 ondary career and technical institution’, respectively, 4 in section 3 of the Carl D. Perkins Career and Tech5 nical Education Act of 2006 (20 U.S.C. 2302). 6 ‘‘(4) EDUCATION AND TRAINING PROVIDER.— 7 The term ‘education and training provider’ means— 8 ‘‘(A) an area career and technical edu9 cation school; 10 ‘‘(B) an early college high school; 11 ‘‘(C) a provider of a dual or concurrent en12 rollment program; 13 ‘‘(D) a community-based organization that 14 offers job training; 15 ‘‘(E) a high school operated by a local edu16 cational agency; 17 ‘‘(F) a local educational agency, edu18 cational service agency, or State educational 19 agency; 20 ‘‘(G) a Tribal education agency (meaning 21 such an agency within the meaning of section 22 3(20)(E) of the Carl D. Perkins Career and 23 Technical Education Act of 2006 (20 U.S.C. 24 2302(20)(E))), Tribally controlled college or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01312 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1313. 1313 1 university, or Tribally controlled postsecondary 2 career and technical institution; 3 ‘‘(H) the Bureau of Indian Education; 4 ‘‘(I) an institution of higher education; 5 ‘‘(J) a State entity that coordinates higher 6 education, such as a community college system 7 office, a single State educational board, or 8 State higher education agency (as defined in 9 section 103 of the Higher Education Act of 10 1965 (20 U.S.C. 1003)); 11 ‘‘(K) a historically Black college or univer12 sity, meaning a part B institution as defined in 13 section 322 of the Higher Education Act of 14 1965 (20 U.S.C. 1061); 15 ‘‘(L) a minority-serving institution; 16 ‘‘(M) a local agency administering plans 17 under title I of the Rehabilitation Act of 1973 18 (29 U.S.C. 720 et seq.), other than section 112 19 or part C of that title (29 U.S.C. 732, 741); 20 ‘‘(N) a related integrated instruction pro21 vider, including a qualified intermediary acting 22 as a related integrated instruction provider as 23 approved by the Office of Apprenticeship or a 24 State apprenticeship agency recognized by the 25 Secretary; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01313 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1314. 1314 1 ‘‘(O) a consortium of entities described in 2 any of subparagraphs (A) through (N); or 3 ‘‘(P) as used with respect to an eligible en4 tity described in paragraph (5)(A)(i), the joint 5 labor-management organization that is such eli6 gible entity. 7 ‘‘(5) ELIGIBLE ENTITY.— 8 ‘‘(A) IN GENERAL.—The term ‘eligible en9 tity’ means— 10 ‘‘(i) a joint labor-management organi11 zation; or 12 ‘‘(ii) a partnership that— 13 ‘‘(I) shall include as the lead ap14 plicant 1 entity that is— 15 ‘‘(aa) an education and 16 training provider; 17 ‘‘(bb) a workforce develop18 ment system entity; 19 ‘‘(cc) a qualified inter20 mediary; 21 ‘‘(dd) a State agency of the 22 State in which the partnership is 23 located; or 24 ‘‘(ee) a joint labor-manage25 ment organization; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01314 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1315. 1315 1 ‘‘(II) shall include as a partner— 2 ‘‘(aa) at least 1 employer or 3 an industry or trade association 4 that represents at least 2 employ5 ers; 6 ‘‘(bb) an education and 7 training provider; 8 ‘‘(cc) the State apprentice9 ship agency; 10 ‘‘(dd) a local board or the 11 State board; 12 ‘‘(ee) a local educational 13 agency, if the partnership is serv14 ing in-school youth; or 15 ‘‘(ff) a qualified inter16 mediary; and 17 ‘‘(III) may include as an addi18 tional partner— 19 ‘‘(aa) the State educational 20 agency; 21 ‘‘(bb) an institution of high22 er education; 23 ‘‘(cc) an Indian Tribe; 24 ‘‘(dd) the State entity that 25 coordinates higher education, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01315 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1316. 1316 1 such as a community college sys2 tem office, a single State edu3 cational board, or State higher 4 education agency (as defined in 5 section 103 of the Higher Edu6 cation Act of 1965 (20 U.S.C. 7 1003)); 8 ‘‘(ee) a community-based or9 ganization that offers job train10 ing; or 11 ‘‘(ff) a joint labor-manage12 ment organization. 13 ‘‘(B) RULE OF CONSTRUCTION.—For pur14 poses of this section, a reference to a lead appli15 cant, partner, or partnership between a lead ap16 plicant and partners, with respect to an eligible 17 entity described in subparagraph (A)(i), shall be 18 deemed to be a reference to the eligible entity. 19 ‘‘(6) ESEA TERMS.—The terms ‘dual or con20 current enrollment program’, ‘early college high 21 school’, ‘educational service agency’, and ‘high 22 school’ have the meanings given the terms in section 23 8101 of the Elementary and Secondary Education 24 Act of 1965 (20 U.S.C. 7801). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01316 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1317. 1317 1 ‘‘(7) GRANT.—The term ‘grant’ means a con2 tract, cooperative agreement, or award. 3 ‘‘(8) HIGH-NEED EDUCATIONAL SERVICE AGEN4 CY.—The term ‘high-need educational service agen5 cy’ means an educational service agency that serves 6 a significant number or percentage of high-need 7 local educational agencies. 8 ‘‘(9) HIGH-NEED LOCAL EDUCATIONAL AGEN9 CY.—The term ‘high-need local educational agency’ 10 has the meaning given the term in section 200 of the 11 Higher Education Act of 1965 (20 U.S.C. 1021). 12 ‘‘(10) IDENTIFIED PROGRAM.—The term ‘iden13 tified program’ means a pre-apprenticeship program, 14 or youth program that serves youth, that is proposed 15 to be carried out by an eligible entity in an applica16 tion approved under subsection (c) for a project. 17 ‘‘(11) MINORITY-SERVING INSTITUTION.—The 18 term ‘minority-serving institution’ means an institu19 tion defined in any of paragraphs (1) through (7) of 20 section 371(a) of the Higher Education Act of 1965 21 (20 U.S.C. 1067q(a)). 22 ‘‘(12) NATIONAL APPRENTICESHIP SYSTEM.— 23 The term ‘national apprenticeship system’ means the 24 apprenticeship programs, apprenticeship programs 25 that serve youth, and pre-apprenticeship programs VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01317 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1318. 1318 1 that are approved by the Office of Apprenticeship or 2 State apprenticeship agencies. 3 ‘‘(13) PRE-APPRENTICESHIP PROGRAM.—The 4 term ‘pre-apprenticeship program’ means a program 5 that— 6 ‘‘(A) prepares youth to enroll in and com7 plete an apprenticeship program; 8 ‘‘(B) maintains a written partnership with 9 an apprenticeship program; and 10 ‘‘(C) in the case of a program with respect 11 to a covered occupation, is provided only 12 through classroom instruction for any youth 13 pre-apprentice who is younger than the age of 14 18. 15 ‘‘(14) QUALIFIED INTERMEDIARY.—The term 16 ‘qualified intermediary’— 17 ‘‘(A) means a nonprofit entity operating in 18 a State or local area that demonstrates exper19 tise and experience in serving participants, em20 ployers, and schools by— 21 ‘‘(i) building, sustaining, measuring, 22 and improving the quality and performance 23 of apprenticeship programs that serve 24 youth; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01318 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1319. 1319 1 ‘‘(ii) assisting in the design, approval, 2 registration, and implementation of ap3 prenticeship programs that serve youth, in4 cluding program development and meeting 5 program requirements, including registra6 tion and reporting requirements; 7 ‘‘(iii) in collaboration with 1 or more 8 State educational agencies, local edu9 cational agencies, or institutions of higher 10 education included in the eligible entity in11 volved, providing collaborative professional 12 development activities such as training for 13 workplace supervisors, mentors, counselors, 14 and teachers, instructors, and other edu15 cators; 16 ‘‘(iv) supporting the recruitment for, 17 retention in, and completion of apprentice18 ship programs that serve youth with re19 spect to potential or enrolled youth appren20 tices, including youth apprentices who are 21 from low-income backgrounds or members 22 of nontraditional apprenticeship popu23 lations; 24 ‘‘(v) developing and providing sup25 portive services including by partnering VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01319 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1320. 1320 1 with organizations to provide access to or 2 referrals for supportive services, financial 3 literacy services, and other support based 4 upon needs of potential or enrolled youth 5 apprentices; or 6 ‘‘(vi) serving as a program sponsor; 7 and 8 ‘‘(B) may consist of— 9 ‘‘(i) a joint labor-management organi10 zation; 11 ‘‘(ii) a community-based organization; 12 or 13 ‘‘(iii) an industry association. 14 ‘‘(15) STATE.—The term ‘State’ means each of 15 the several States of the United States, the District 16 of Columbia, the Commonwealth of Puerto Rico, and 17 an outlying area. 18 ‘‘(16) STATE AGENCY.—The term ‘State agen19 cy’ means a State educational agency, State work20 force agency, or State apprenticeship agency. 21 ‘‘(17) STATE APPRENTICESHIP AGENCY.—The 22 term ‘State apprenticeship agency’ means an agency 23 of a State government that has been authorized by 24 the Office of Apprenticeship to register and oversee 25 apprenticeship programs and has the responsibility VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01320 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1321. 1321 1 and accountability for apprenticeship programs with2 in the State. 3 ‘‘(18) SUBGROUP OF PARTICIPANTS.—The term 4 ‘subgroup of participants’ means— 5 ‘‘(A) in-school youth; 6 ‘‘(B) opportunity youth; and 7 ‘‘(C) each of the special populations, as de8 fined in section 3 of the Carl D. Perkins Career 9 and Technical Education Act of 2006 (20 10 U.S.C. 2302). 11 ‘‘(19) WORKFORCE DEVELOPMENT SYSTEM EN12 TITY.—The term ‘workforce development system en13 tity’ means an entity that is involved in admin14 istering a workforce development system established 15 under this Act, which shall be a State board, a local 16 board, or an Indian Tribe, Tribal organization, or 17 Native Hawaiian organization, as defined in section 18 166(b). 19 ‘‘(20) YOUTH.—The term ‘youth’ means an in20 dividual who is not younger than age 16 or older 21 than age 24. 22 ‘‘(21) YOUTH APPRENTICE.—The term ‘youth’, 23 used with respect to an apprentice, means a youth 24 who is participating in an apprenticeship program 25 that serves youth. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01321 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1322. 1322 1 ‘‘(22) YOUTH APPRENTICESHIP AGREEMENT.— 2 The term ‘youth apprenticeship agreement’ means a 3 written agreement under subsection (c)(3)(F) that is 4 agreed to by each of the following: 5 ‘‘(A) A youth. 6 ‘‘(B) The youth’s parent or legal guardian, 7 as applicable. 8 ‘‘(C) One or more local educational agen9 cies, if the eligible entity involved is serving in10 school youth. 11 ‘‘(D) The youth apprenticeship sponsor, 12 which may be an employer. 13 ‘‘(E) As applicable, a qualified inter14 mediary for an apprenticeship program that 15 serves youth. 16 ‘‘(F) As applicable, one or more institu17 tions of higher education. 18 ‘‘(G) As applicable, one or more employers. 19 ‘‘(23) YOUTH PRE-APPRENTICE.—The term 20 ‘youth’, used with respect to a pre-apprentice, means 21 a youth who is participating in a pre-apprenticeship 22 program.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01322 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1323. 1323 1 SEC. 179. STRENGTHENING COMMUNITY COLLEGES GRANT 2 PROGRAM. 3 Subtitle D of title I of the Workforce Innovation and 4 Opportunity Act (29 U.S.C. 3221 et seq.) is further 5 amended by inserting after section 173, as added by the 6 preceding section, the following: 7 ‘‘SEC. 174. STRENGTHENING COMMUNITY COLLEGES WORK8 FORCE DEVELOPMENT GRANTS PROGRAM. 9 ‘‘(a) PURPOSES.—The purposes of this section are— 10 ‘‘(1) to establish, improve, or expand high-qual11 ity workforce development programs at community 12 colleges; and 13 ‘‘(2) to expand opportunities for individuals to 14 obtain recognized postsecondary credentials that are 15 nationally or regionally portable and stackable for 16 high-skill, high-wage, or in-demand industry sectors 17 or occupations. 18 ‘‘(b) STRENGTHENING COMMUNITY COLLEGES 19 WORKFORCE DEVELOPMENT GRANTS PROGRAM.— 20 ‘‘(1) IN GENERAL.—From the amounts appro21 priated to carry out this section under section 175(f) 22 and not reserved under paragraph (2), the Secretary 23 shall, on a competitive basis, make grants to eligible 24 institutions to carry out the activities described in 25 subsection (e). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01323 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1324. 1324 1 ‘‘(2) RESERVATION.—Of the amounts appro2 priated to carry out this section under section 3 175(f), the Secretary may reserve not more than 2 4 percent for the administration of grants awarded 5 under this section, including— 6 ‘‘(A) providing technical assistance and 7 targeted outreach to support eligible institu8 tions serving a high number or high percentage 9 of low-income individuals or individuals with 10 barriers to employment, and rural-serving eligi11 ble institutions, to provide guidance and assist12 ance in the process of applying for grants under 13 this section; and 14 ‘‘(B) evaluating and reporting on the per15 formance and impact of programs funded under 16 this section in accordance with subsections (f) 17 through (h). 18 ‘‘(c) AWARD PERIOD.— 19 ‘‘(1) INITIAL GRANT PERIOD.—Each grant 20 under this section shall be awarded for an initial pe21 riod of not more than 4 years. 22 ‘‘(2) SUBSEQUENT GRANTS.—An eligible insti23 tution that receives an initial grant under this sec24 tion may receive one or more additional grants 25 under this section for additional periods of not more VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01324 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1325. 1325 1 than 4 years each if the eligible institution dem2 onstrates that, during the most recently completed 3 grant period for a grant received under this section, 4 such eligible institution achieved the levels of per5 formance agreed to by the eligible institution with 6 respect to the performance indicators specified in 7 subsection (f). 8 ‘‘(d) APPLICATION.— 9 ‘‘(1) IN GENERAL.—To be eligible to receive a 10 grant under this section, an eligible institution shall 11 submit an application to the Secretary at such time 12 and in such manner as the Secretary may require. 13 ‘‘(2) CONTENTS.—An application submitted by 14 an eligible institution under paragraph (1) shall in15 clude a description of each the following: 16 ‘‘(A) The extent to which the eligible insti17 tution has demonstrated success building part18 nerships with employers in in-demand industry 19 sectors or occupations to provide students with 20 the skills needed for occupations in such indus21 tries and an explanation of the results of any 22 such partnerships. 23 ‘‘(B) The methods and strategies the eligi24 ble institution will use to engage with employers 25 in in-demand industry sectors or occupations, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01325 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1326. 1326 1 including any arrangements to place individuals 2 who complete the workforce development pro3 grams supported by the grant into employment 4 with such employers. 5 ‘‘(C) The proposed eligible institution and 6 industry partnership that the eligible institution 7 will establish or maintain to comply with sub8 section (e)(1), including— 9 ‘‘(i) the roles and responsibilities of 10 each employer, organization, agency, or in11 stitution of higher education that the eligi12 ble institution will partner with to carry 13 out the activities under this section; and 14 ‘‘(ii) the needs that will be addressed 15 by such eligible institution and industry 16 partnership. 17 ‘‘(D) One or more industries that such 18 partnership will target and real-time labor mar19 ket data demonstrating that those industries 20 are aligned with employer demand in the geo21 graphic area to be served by the eligible institu22 tion. 23 ‘‘(E) The extent to which the eligible insti24 tution can— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01326 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1327. 1327 1 ‘‘(i) leverage additional resources to 2 support the programs to be funded with 3 the grant, which shall include written com4 mitments of any leveraged or matching 5 funds for the proposed programs; and 6 ‘‘(ii) demonstrate the future sustain7 ability of each such program. 8 ‘‘(F) The steps the institution will take to 9 ensure the high quality of each program to be 10 funded with the grant, including the career 11 pathways within such programs. 12 ‘‘(G) The population and geographic area 13 to be served by the eligible institution, including 14 the number of individuals the eligible institution 15 intends to serve during the grant period. 16 ‘‘(H) The workforce development programs 17 to be supported by the grant. 18 ‘‘(I) The recognized postsecondary creden19 tials that are expected to be earned by partici20 pants in such workforce development programs 21 and the related high-skill, high-wage, or in-de22 mand industry sectors or occupations for which 23 such programs will prepare participants. 24 ‘‘(J) The evidence upon which the edu25 cation and skills development strategies to be VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01327 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1328. 1328 1 used in such workforce development programs 2 are based and an explanation of how such evi3 dence influenced the design of the programs to 4 improve education and employment outcomes. 5 ‘‘(K) How activities of the eligible institu6 tion are expected to align with the workforce 7 strategies identified in— 8 ‘‘(i) any State plan or local plan sub9 mitted under this Act by the State, out10 lying area, or locality in which the eligible 11 institution is expected to operate; 12 ‘‘(ii) any State plan submitted under 13 section 122 of the Carl D. Perkins Career 14 and Technical Education Act of 2006 (20 15 U.S.C. 2342) by such State or outlying 16 area; and 17 ‘‘(iii) any economic development plan 18 of the chief executive of such State or out19 lying area. 20 ‘‘(L) The goals of the eligible institution 21 with respect to— 22 ‘‘(i) capacity building (as described in 23 subsection (f)(1)(B)); and 24 ‘‘(ii) the expected performance of indi25 viduals participating in the programs to be VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01328 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1329. 1329 1 offered by the eligible institution, including 2 with respect to any performance indicators 3 applicable under section 116 or subsection 4 (f) of this section. 5 ‘‘(3) CONSIDERATION OF PREVIOUS EXPERI6 ENCE.—The Secretary may not disqualify an eligible 7 institution from receiving a grant under this section 8 solely because such institution lacks previous experi9 ence in building partnerships, as described in para10 graph (2)(A). 11 ‘‘(4) PRIORITY.—In awarding grants under this 12 section, the Secretary shall give priority to eligible 13 institutions that— 14 ‘‘(A) will use the grant to serve— 15 ‘‘(i) individuals with barriers to em16 ployment; or 17 ‘‘(ii) incumbent workers who need to 18 gain or improve foundational skills to en19 hance their employability; 20 ‘‘(B) use competency-based assessments, 21 such as the competency-based assessment iden22 tified by the State in which the eligible institu23 tion is located under section 134(a)(2)(B)(vii), 24 to award academic credit for prior learning for 25 programs supported by the grant; or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01329 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1330. 1330 1 ‘‘(C) have, or will seek to have, the career 2 education programs supported by the grant in3 cluded on the list of eligible providers of train4 ing services under section 122 for the State in 5 which the eligible institution is located. 6 ‘‘(e) USES OF FUNDS.— 7 ‘‘(1) ELIGIBLE INSTITUTION AND INDUSTRY 8 PARTNERSHIP.—For the purpose of carrying out the 9 activities specified in paragraphs (2) and (3), an eli10 gible institution that receives a grant under this sec11 tion shall establish a partnership (or continue an ex12 isting partnership) with one or more employers in an 13 in-demand industry sector or occupation (in this sec14 tion referred to as an ‘eligible institution and indus15 try partnership’) and shall maintain such partner16 ship for the duration of the grant period. The eligi17 ble institution shall ensure that the partnership— 18 ‘‘(A) targets one or more specific high19 skill, high-wage, or in-demand industries; 20 ‘‘(B) includes collaboration with the work21 force development system; 22 ‘‘(C) serves adult and dislocated workers, 23 incumbent workers, and new entrants to the 24 workforce; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01330 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1331. 1331 1 ‘‘(D) uses an evidence-based program de2 sign that is appropriate for the activities carried 3 out by the partnership; 4 ‘‘(E) incorporates work-based learning op5 portunities; and 6 ‘‘(F) incorporates, to the extent appro7 priate, virtual service delivery to facilitate tech8 nology-enabled learning. 9 ‘‘(2) REQUIRED ACTIVITIES.—An eligible insti10 tution that receives a grant under this section shall, 11 in consultation with the employers in the eligible in12 stitution and industry partnership described in para13 graph (1)— 14 ‘‘(A) establish, improve, or expand high15 quality, evidence-based workforce development 16 programs, career pathway programs, or work17 based learning programs (including apprentice18 ship programs or preapprenticeships); 19 ‘‘(B) provide career services to individuals 20 participating in the programs funded with the 21 grant to facilitate retention and program com22 pletion, which may include— 23 ‘‘(i) career navigation, coaching, 24 mentorship, and case management serv25 ices, including providing information and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01331 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1332. 1332 1 outreach to individuals with barriers to 2 employment to encourage such individuals 3 to participate in programs funded with the 4 grant; and 5 ‘‘(ii) providing access to course mate6 rials, technological devices, required equip7 ment, and other supports necessary for 8 participation in and successful completion 9 of such programs; and 10 ‘‘(C) make available, in a format that is 11 open, searchable, and easily comparable, infor12 mation on— 13 ‘‘(i) curricula and recognized postsec14 ondary credentials offered through pro15 grams funded with the grant, including 16 any curricula or credentials created or fur17 ther developed using such grant, which for 18 each recognized postsecondary credential, 19 shall include— 20 ‘‘(I) the issuing entity of such 21 credential; 22 ‘‘(II) any third-party endorse23 ments of such credential; 24 ‘‘(III) the occupations for which 25 the credential prepares individuals; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01332 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1333. 1333 1 ‘‘(IV) the skills and competencies 2 necessary to achieve to earn such cre3 dential; 4 ‘‘(V) the level of mastery of such 5 skills and competencies (including how 6 mastery is assessed); and 7 ‘‘(VI) any transfer value or 8 stackability of the credential; 9 ‘‘(ii) any skills or competencies devel10 oped by individuals who participate in such 11 programs beyond the skills and com12 petencies identified as part of the recog13 nized postsecondary credential awarded; 14 and 15 ‘‘(iii) related employment and earn16 ings outcomes on the primary indicators of 17 performance described in subclauses (I) 18 through (III) of section 116(b)(2)(A)(i). 19 ‘‘(3) ADDITIONAL ACTIVITIES.—In addition to 20 the activities required under paragraph (2), an eligi21 ble institution that receives a grant under this sec22 tion shall, in consultation with the employers in the 23 eligible institution and industry partnership de24 scribed in paragraph (1), carry out one or more of 25 the following activities: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01333 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1334. 1334 1 ‘‘(A) Establish, improve, or expand— 2 ‘‘(i) articulation agreements (as de3 fined in section 486A(a) of the Higher 4 Education Act of 1965 (20 U.S.C. 5 1093a(a))); 6 ‘‘(ii) credit transfer agreements; 7 ‘‘(iii) corequisite remediation pro8 grams that enable a student to receive re9 medial education services while enrolled in 10 a postsecondary course rather than requir11 ing the student to receive remedial edu12 cation before enrolling in such a course; 13 ‘‘(iv) dual or concurrent enrollment 14 programs; 15 ‘‘(v) competency-based education and 16 assessment; or 17 ‘‘(vi) policies and processes to award 18 academic credit for prior learning or for 19 the programs described in paragraph 20 (2)(A). 21 ‘‘(B) Establish or implement plans for pro22 viders of the programs described in paragraph 23 (2)(A) to meet the criteria and carry out the 24 procedures necessary to be included on the list VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01334 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1335. 1335 1 of eligible providers of training services de2 scribed in section 122(d). 3 ‘‘(C) Purchase, lease, or refurbish special4 ized equipment as necessary to carry out such 5 programs, provided that not more than 15 per6 cent of the funds awarded to the eligible insti7 tution under this section may be used for activi8 ties described in this subparagraph. 9 ‘‘(D) Reduce or eliminate unmet financial 10 need relating to the cost of attendance (as de11 fined under section 472 of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1087ll)) of par13 ticipants in such programs. 14 ‘‘(4) ADMINISTRATIVE COST LIMIT.—An eligible 15 institution may use not more than 7 percent of the 16 funds awarded under this section for administrative 17 costs, including costs related to collecting informa18 tion, analysis, and coordination for purposes of sub19 section (f). 20 ‘‘(f) LEVELS OF PERFORMANCE AND PERFORMANCE 21 REVIEWS.— 22 ‘‘(1) IN GENERAL.—The Secretary shall develop 23 and implement guidance that establishes the levels 24 of performance that are expected to be achieved by 25 each eligible institution receiving a grant under this VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01335 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1336. 1336 1 section. Such levels of performance shall be estab2 lished on the following indicators: 3 ‘‘(A) Each of the primary indicators of 4 performance for adults described in section 5 116(b)(2)(A)(i), which shall be applied for all 6 individuals who participated in a program that 7 received funding from a grant under this sec8 tion. 9 ‘‘(B) The extent to which the eligible insti10 tution built capacity by— 11 ‘‘(i) increasing the breadth and depth 12 of employer engagement and investment in 13 workforce development programs in the in14 demand industry sectors and occupations 15 targeted by the eligible institution and in16 dustry partnership established or main17 tained by the eligible institution under sub18 section (e)(1); 19 ‘‘(ii) designing or implementing new 20 and accelerated instructional techniques or 21 technologies, including the use of advanced 22 online and technology-enabled learning 23 (such as immersive technology); and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01336 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1337. 1337 1 ‘‘(iii) increasing program and policy 2 alignment across systems and decreasing 3 duplicative services or service gaps. 4 ‘‘(C) With respect to individuals who par5 ticipated in a workforce development program 6 funded with the grant— 7 ‘‘(i) the percentage of participants 8 who successfully completed the program; 9 and 10 ‘‘(ii) of the participants who were in11 cumbent workers at the time of enrollment 12 in the program, the percentage who ad13 vanced into higher level positions during or 14 after completing the program. 15 ‘‘(2) CONSULTATION AND DETERMINATION OF 16 LEVELS OF PERFORMANCE.— 17 ‘‘(A) CONSIDERATION.—In developing lev18 els of performance in accordance with para19 graph (1), the Secretary shall take into consid20 eration the goals of the eligible institution pur21 suant to subsection (d)(2)(L). 22 ‘‘(B) DETERMINATION.—After completing 23 the consideration required under subparagraph 24 (A), the Secretary shall separately determine VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01337 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1338. 1338 1 the levels of performance that will apply to each 2 eligible institution, taking into account— 3 ‘‘(i) the expected levels of performance 4 of each eligible institution with respect to 5 the goals described by the eligible institu6 tion pursuant to subsection (d)(2)(L); and 7 ‘‘(ii) local economic conditions in the 8 geographic area to be served by the eligible 9 institution, including differences in unem10 ployment rates and job losses or gains in 11 particular industries. 12 ‘‘(C) NOTICE AND ACKNOWLEDGMENT.— 13 ‘‘(i) NOTICE.—The Secretary shall 14 provide each eligible institution with a 15 written notification that sets forth the lev16 els of performance that will apply to the el17 igible institution, as determined under sub18 paragraph (B). 19 ‘‘(ii) ACKNOWLEDGMENT.—After re20 ceiving the notification described in clause 21 (i), each eligible institution shall submit to 22 the Secretary written confirmation that the 23 eligible institution— 24 ‘‘(I) received the notification; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01338 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1339. 1339 1 ‘‘(II) agrees to be evaluated in 2 accordance with the levels of perform3 ance determined by the Secretary. 4 ‘‘(3) PERFORMANCE REVIEWS.—On an annual 5 basis during each year of the grant period, the Sec6 retary shall evaluate the performance during such 7 year of each eligible institution receiving a grant 8 under this section in a manner consistent with the 9 levels of performance determined for such institution 10 pursuant to paragraph (2). 11 ‘‘(4) FAILURE TO MEET LEVELS OF PERFORM12 ANCE.—After conducting an evaluation under para13 graph (3), if the Secretary determines that an eligi14 ble institution did not achieve the levels of perform15 ance applicable to the eligible institution under para16 graph (2), the Secretary shall— 17 ‘‘(A) provide technical assistance to the eli18 gible institution; and 19 ‘‘(B) develop a performance improvement 20 plan for the eligible institution. 21 ‘‘(g) EVALUATIONS AND REPORTS.— 22 ‘‘(1) IN GENERAL.—Not later than 4 years 23 after the date on which the first grant is made 24 under this section, the Secretary shall design and 25 conduct an evaluation to determine the overall effecVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01339 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1340. 1340 1 tiveness of the eligible institutions receiving a grant 2 under this section. 3 ‘‘(2) ELEMENTS.—The evaluation of the effec4 tiveness of eligible institutions conducted under 5 paragraph (1) shall include an assessment of the 6 general effectiveness of programs and activities sup7 ported by the grants awarded to such eligible insti8 tutions under this section, including the extent to 9 which the programs and activities— 10 ‘‘(A) developed new, or expanded existing, 11 successful industry sector strategies, including 12 the extent to which such eligible institutions 13 deepened employer engagement and developed 14 workforce development programs that met in15 dustry skill needs; 16 ‘‘(B) created, expanded, or enhanced ca17 reer pathways, including the extent to which the 18 eligible institutions developed or improved com19 petency-based education and assessment, credit 20 for prior learning, modularized and self-paced 21 curricula, integrated education and workforce 22 development, dual enrollment in secondary and 23 postsecondary career pathways, stacked and 24 latticed credentials, and online and distance 25 learning; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01340 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1341. 1341 1 ‘‘(C) created alignment between eligible in2 stitutions and the workforce development sys3 tem; 4 ‘‘(D) assisted individuals with finding, re5 taining, or advancing in employment; 6 ‘‘(E) assisted individuals with earning rec7 ognized postsecondary credentials; and 8 ‘‘(F) provided equal access to various de9 mographic groups, including people of different 10 geographic locations, ages, races, national ori11 gins, and sexes. 12 ‘‘(3) DESIGN REQUIREMENTS.—The evaluation 13 under this subsection shall— 14 ‘‘(A) be designed by the Secretary (acting 15 through the Chief Evaluation Officer) in con16 junction with the eligible institutions being eval17 uated; 18 ‘‘(B) include analysis of program partici19 pant feedback and outcome and process meas20 ures; and 21 ‘‘(C) use designs that employ the most rig22 orous analytical and statistical methods that 23 are reasonably feasible, such as the use of con24 trol groups. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01341 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1342. 1342 1 ‘‘(4) DATA ACCESSIBILITY.—The Secretary 2 shall make available on a publicly accessible website 3 of the Department of Labor any data collected as 4 part of the evaluation under this subsection. Such 5 data shall be made available in an aggregated for6 mat that does not reveal personally identifiable in7 formation and that ensures compliance with relevant 8 Federal laws, including section 444 of the General 9 Education Provisions Act (commonly known as the 10 ‘Family Educational Rights and Privacy Act of 11 1974’) (20 U.S.C. 1232g). 12 ‘‘(5) PUBLICATION AND REPORTING OF EVAL13 UATION FINDINGS.—The Secretary (acting through 14 the Chief Evaluation Officer) shall— 15 ‘‘(A) in accordance with the timeline deter16 mined to be appropriate by the Chief Evalua17 tion Officer, publish an interim report on the 18 preliminary results of the evaluation conducted 19 under this subsection; 20 ‘‘(B) not later than 60 days after the date 21 on which the evaluation is completed under this 22 subsection, submit to the Committee on Edu23 cation and the Workforce of the House of Rep24 resentatives and the Committee on Health, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01342 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1343. 1343 1 Education, Labor, and Pensions of the Senate 2 a report on such evaluation; and 3 ‘‘(C) not later than 90 days after such 4 completion date, publish and make the results 5 of such evaluation available on a publicly acces6 sible website of the Department of Labor. 7 ‘‘(h) ANNUAL REPORTS.—The Secretary shall make 8 available on a publicly accessible website of the Depart9 ment of Labor, in transparent, linked, open, and inter10 operable data formats, the following information: 11 ‘‘(1) The performance of eligible institutions on 12 the capacity-building performance indicator set forth 13 under subsection (f)(1)(B). 14 ‘‘(2) The performance of eligible institutions on 15 the workforce development participant outcome per16 formance indicators set forth under subsection 17 (f)(1)(C). 18 ‘‘(3) The number of individuals enrolled in 19 workforce development programs funded with a 20 grant under this section. 21 ‘‘(i) DEFINITIONS.—In this section: 22 ‘‘(1) CHIEF EVALUATION OFFICER.—The term 23 ‘Chief Evaluation Officer’ means the head of the 24 independent evaluation office located in the Office of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01343 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1344. 1344 1 the Assistant Secretary for Policy of the Department 2 of Labor. 3 ‘‘(2) COMMUNITY COLLEGE.—The term ‘com4 munity college’ means— 5 ‘‘(A) a public institution of higher edu6 cation (as defined in section 101(a) of the 7 Higher Education Act (20 U.S.C. 1001(a)), at 8 which— 9 ‘‘(i) the highest degree awarded is an 10 associate degree; or 11 ‘‘(ii) an associate degree is the most 12 frequently awarded degree; 13 ‘‘(B) a branch campus of a 4-year public 14 institution of higher education (as defined in 15 section 101 of the Higher Education Act of 16 1965 (20 U.S.C. 1001)), if, at such branch 17 campus— 18 ‘‘(i) the highest degree awarded is an 19 associate degree; or 20 ‘‘(ii) an associate degree is the most 21 frequently awarded degree; 22 ‘‘(C) a 2-year Tribal College or University 23 (as defined in section 316(b)(3) of the Higher 24 Education Act of 1965 (20 U.S.C. 25 1059c(b)(3))); or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01344 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1345. 1345 1 ‘‘(D) a degree-granting Tribal College or 2 University (as defined in section 316(b)(3) of 3 the Higher Education Act of 1965 (20 U.S.C. 4 1059c(b)(3))) at which— 5 ‘‘(i) the highest degree awarded is an 6 associate degree; or 7 ‘‘(ii) an associate degree is the most 8 frequently awarded degree. 9 ‘‘(3) ELIGIBLE INSTITUTION.—The term ‘eligi10 ble institution’ means— 11 ‘‘(A) a community college; 12 ‘‘(B) a postsecondary vocational institution 13 (as defined in section 102(c) of the Higher 14 Education Act of 1965 (20 U.S.C. 1002(c))); or 15 ‘‘(C) a consortium of such colleges or insti16 tutions. 17 ‘‘(j) SUPPLEMENT NOT SUPPLANT.—Funds made 18 available under this section shall be used to supplement, 19 and not supplant, other Federal, State, and local public 20 funds made available for carrying out the activities de21 scribed in this section.’’. 22 SEC. 180. AUTHORIZATION OF APPROPRIATIONS. 23 Section 175 of the Workforce Innovation and Oppor24 tunity Act, as so redesignated, is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01345 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1346. 1346 1 (1) by redesignating subsections (e) and (f) as 2 subsections (g) and (h), respectively; and 3 (2) by striking subsections (a) through (d) and 4 inserting the following: 5 ‘‘(a) NATIVE AMERICAN PROGRAMS.—There are au6 thorized to be appropriated to carry out section 166 (not 7 including subsection (k) of such section) $61,800,000 for 8 each of the fiscal years 2025 through 2030. 9 ‘‘(b) MIGRANT AND SEASONAL FARMWORKER PRO10 GRAMS.—There are authorized to be appropriated to carry 11 out section 167 $100,317,900 for each of the fiscal years 12 2025 through 2030. 13 ‘‘(c) TECHNICAL ASSISTANCE.—There are authorized 14 to be appropriated to carry out section 168 $5,000,000 15 for each of the fiscal years 2025 through 2030. 16 ‘‘(d) EVALUATIONS AND RESEARCH.—There are au17 thorized to be appropriated to carry out section 169 18 $12,720,000 for each of the fiscal years 2025 through 19 2030. 20 ‘‘(e) REENTRY PROGRAM.—There are authorized to 21 be appropriated to carry out section 172 $115,000,000 for 22 each of the fiscal years 2025 through 2030. 23 ‘‘(f) STRENGTHENING COMMUNITY COLLEGES PRO24 GRAM.—There are authorized to be appropriated to carry VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01346 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1347. 1347 1 out section 173 $65,000,000 for each of the fiscal years 2 2025 through 2030.’’. 3 Subtitle F—Administration 4 SEC. 191. REQUIREMENTS AND RESTRICTIONS. 5 (a) LABOR STANDARDS.—Section 181(b) of the 6 Workforce Innovation and Opportunity Act (29 U.S.C. 7 3241(b)) is amended by adding at the end the following: 8 ‘‘(8) CHILD LABOR.—Individuals in on-the-job 9 training or individuals employed in programs and 10 activities under this title shall be employed in ac11 cordance with the provisions on child labor under 12 the Fair Labor Standards Act of 1938 (29 U.S.C. 13 201 et seq.) and applicable State law. 14 ‘‘(9) CONSULTATION.—If an employer provides 15 on-the-job training, incumbent worker training, or 16 employer-directed skills development with funds 17 made available under this title directly to employees 18 of such employer that are subject to a collective bar19 gaining agreement with the employer, the employer 20 shall consult with the labor organization that rep21 resents such employees on the planning and design 22 of such training or development.’’. 23 (b) REMEDIES.—Section 181(c)(3)(B) of the Work24 force Innovation and Opportunity Act (29 U.S.C. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01347 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1348. 1348 1 3241(c)(3)(B)) is amended by inserting ‘‘for a period of 2 not less than 2 years’’ before the semicolon at the end. 3 (c) RELOCATION.—Section 181(d)(2) of the Work4 force Innovation and Opportunity Act (29 U.S.C. 5 3241(d)(2)) is amended by striking ‘‘incumbent worker 6 training,’’ and inserting ‘‘incumbent worker training, em7 ployer-directed skills development,’’. 8 (d) SUPPORTIVE SERVICES.—Section 181 of the 9 Workforce Innovation and Opportunity Act (29 U.S.C. 10 3241) is amended by adding at the end the following: 11 ‘‘(h) SUPPORTIVE SERVICES.—Except as provided in 12 section 134(d)(2), funds provided under this title may only 13 be used to provide supportive services to individuals who— 14 ‘‘(1) are participating in activities under pro15 grams authorized under this title; 16 ‘‘(2) are unable to obtain the supportive serv17 ices through programs listed in section 121(b)(2); 18 and 19 ‘‘(3) require supportive services to enable par20 ticipation in activities under programs authorized 21 under this title.’’. 22 SEC. 192. MONITORING. 23 Section 183 of the Workforce Innovation and Oppor24 tunity Act (29 U.S.C. 3243) is amended by striking ‘‘reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01348 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1349. 1349 1 cipients’’ each place it appears and inserting ‘‘recipients 2 and subrecipients’’. 3 SEC. 193. FISCAL CONTROLS; SANCTIONS. 4 Section 184(b) of the Workforce Innovation and Op5 portunity Act (29 U.S.C. 3244(b)) is amended— 6 (1) by redesignating paragraphs (1), (2), and 7 (3) as paragraphs (3), (5), and (6), respectively; 8 (2) by inserting before paragraph (3), as so re9 designated, the following: 10 ‘‘(1) IN GENERAL.—For the purposes of this 11 title, a substantial violation shall— 12 ‘‘(A) be determined in accordance with the 13 procedures established by the Governor as de14 scribed in paragraph (2); and 15 ‘‘(B) include any willful violation of the re16 quirements under subsections (a) or (b) of sec17 tion 181 for which there has been a final deter18 mination of the violation without any remaining 19 right to appeal. 20 ‘‘(2) PROCEDURES.—The Governor shall estab21 lish procedures to be used by local areas and, in the 22 case of funds described in section 128(a) or per23 taining to the enforcement provisions under section 24 122(g), by any other individual or entity specified by VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01349 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1350. 1350 1 the Governor to determine if a substantial violation 2 of this title has occurred.’’; 3 (3) in paragraph (3), as so redesignated— 4 (A) in subparagraph (A), by striking ‘‘; 5 or’’ and inserting a semicolon; 6 (B) in subparagraph (B)(v), by striking 7 the period at the end and inserting ‘‘; or’’; and 8 (C) by adding at the end the following: 9 ‘‘(C) reduce any local allotment under sec10 tion 128(b) or 133(b) to the local area involved 11 by not more than 5 percent for the fiscal year 12 after the fiscal year in which the substantial 13 violation, for which corrective action was not 14 taken, occurred.’’; 15 (4) by inserting after paragraph (3), as so re16 designated, the following: 17 ‘‘(4) REALLOCATION OF REDUCTIONS.—Any 18 amount that was reduced from an allotment to a 19 local area in accordance with paragraph (3)(C) shall 20 be reallocated by the Governor to the other local 21 areas within the State that are not subject to an ac22 tion described in paragraph (3) in a manner deter23 mined by the Governor, which may take into consid24 eration whether such other local area is serving a VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01350 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1351. 1351 1 significant number of individuals with barriers to 2 employment.’’; 3 (5) in paragraph (5), as so redesignated, by 4 striking ‘‘(A) and (B)’’ and inserting ‘‘(A), (B), and 5 (C)’’; and 6 (6) in paragraph (6), as so redesignated, by 7 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph 8 (2)’’ 9 SEC. 194. ADMINISTRATIVE ADJUDICATION. 10 Section 186(a) of the Workforce Innovation and Op11 portunity Act (29 U.S.C. 3246(a)) is amended by striking 12 ‘‘184’’ and inserting ‘‘181 or 184’’. 13 SEC. 195. JUDICIAL REVIEW. 14 Section 187(a)(1) of the Workforce Innovation and 15 Opportunity Act (29 U.S.C. 3247(a)(1)) is amended by 16 striking ‘‘184’’ and inserting ‘‘181 or 184’’. 17 SEC. 196. GENERAL WAIVERS OF STATUTORY OR REGU18 LATORY REQUIREMENTS. 19 Section 189(i)(3)(A)(i) of the Workforce Innovation 20 and Opportunity Act (29 U.S.C. 3249(i)(3)(A)(i)) is 21 amended by striking ‘‘procedures for review and approval 22 of plans’’ and inserting ‘‘the procedures for review and 23 approval of plans, the performance reports described in 24 section 116(d), and the requirement described in section 25 134(c)(1)(B)’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01351 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1352. 1352 1 SEC. 197. STATE FLEXIBILITY PILOT AUTHORITY. 2 Section 190 of the Workforce Innovation and Oppor3 tunity Act (29 U.S.C. 3250) is amended to read as follows: 4 ‘‘SEC. 190. STATE FLEXIBILITY PILOT AUTHORITY. 5 ‘‘(a) PURPOSE.—The purpose of this section is to— 6 ‘‘(1) authorize States to apply under this sec7 tion, in the case of an eligible State, on behalf of the 8 State as a whole, or for any State, on behalf of a 9 local area or a consortium of local areas in the 10 State, to receive the allotments or allocations of the 11 State or the local areas, respectively, for youth work12 force investment activities under chapter 2 of sub13 title B and adult and dislocated worker employment 14 and training activities under chapter 3 of subtitle B 15 as a consolidated grant for 5 years for the purpose 16 of carrying out a pilot project to pursue innovative 17 reforms to achieve better outcomes for jobseekers, 18 workers, employers, and taxpayers; and 19 ‘‘(2) require that rigorous evaluations be con20 ducted to demonstrate if better outcomes and oppor21 tunities to achieve economic self-sufficiency for par22 ticipants, including participants receiving a priority 23 for services under this section, and associated inno24 vative reforms to improve service delivery were 25 achieved as a result of such pilot projects. 26 ‘‘(b) GENERAL AUTHORITY.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01352 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1353. 1353 1 ‘‘(1) WAIVERS, PILOT PROJECT GRANT 2 AMOUNTS, AND RESERVATIONS.—Notwithstanding 3 any other provision of subtitle A or B, except as oth4 erwise provided in this section, during the pilot 5 project period applicable to a pilot project approved 6 for a State pursuant to subsection (d)(3), the Sec7 retary, the Governor of a State participating in such 8 pilot project on behalf of the State as a whole, local 9 area, or consortium of local areas, and a local area 10 or consortium of local areas on whose behalf a Gov11 ernor is participating in such a pilot project, shall, 12 as applicable, comply with each of the following: 13 ‘‘(A) WAIVERS.—Subject to paragraph (2), 14 the Secretary shall waive for the State as a 15 whole, or for the local area or the consortium 16 of local areas selected by the State to carry out 17 such pilot project, all the statutory and regu18 latory requirements of subtitles A and B. 19 ‘‘(B) PILOT PROJECT GRANT AMOUNTS.— 20 For each fiscal year applicable to a pilot period, 21 the Secretary shall carry out the following: 22 ‘‘(i) STATE AS A WHOLE.—In a case 23 of a State approved to carry out a pilot 24 project under this section on behalf of the 25 State as a whole, distribute as a consoliVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01353 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1354. 1354 1 dated sum to the State, for purposes of 2 carrying out the project, the State’s total 3 allotment for such fiscal year under— 4 ‘‘(I) subsections (b)(1)(C) and 5 (c) of section 127; 6 ‘‘(II) paragraphs (1)(B) and 7 (2)(B) of section 132(b); and 8 ‘‘(III) section 132(c). 9 ‘‘(ii) LOCAL AREA.—In a case of a 10 local area selected by a State and approved 11 to carry out a pilot project under this sec12 tion, require the State to— 13 ‘‘(I) distribute as a consolidated 14 sum to the local board for such local 15 area, for purposes of carrying out the 16 project, the local area’s allocation for 17 such fiscal year under— 18 ‘‘(aa) subsections (b) and (c) 19 of section 128; and 20 ‘‘(bb) subsections (b) and 21 (c) of section 133; or 22 ‘‘(II) if the local board of the 23 local area enters into a written agree24 ment with the State for the State to 25 serve as the fiscal agent for the local VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01354 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1355. 1355 1 board during the pilot project, use the 2 funds described in subclause (I) for 3 purposes of carrying out the project 4 on behalf of the local board. 5 ‘‘(iii) CONSORTIUM OF LOCAL 6 AREAS.—In a case of a consortium of local 7 areas selected by a State and approved to 8 carry out a pilot project under this section, 9 require the State to— 10 ‘‘(I) distribute as a consolidated 11 sum to the consortium, for purposes 12 of carrying out the project, the total 13 amount of the allocations for the local 14 areas in such consortium for such fis15 cal year under— 16 ‘‘(aa) subsections (b) and (c) 17 of section 128; and 18 ‘‘(bb) subsections (b) and 19 (c) of section 133; or 20 ‘‘(II) if the consortium enters 21 into a written agreement with the 22 State for the State to serve as the fis23 cal agent for the consortium during 24 the pilot project, use the funds de25 scribed in subclause (I) for purposes VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01355 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1356. 1356 1 of carrying out the project on behalf 2 of such consortium. 3 ‘‘(C) STATE RESERVATION.—The Governor 4 of a State participating in a pilot project on be5 half of the State as a whole shall reserve not 6 less than 25 percent of the consolidated sum al7 lotted to the State, as described in subpara8 graph (B)(i), for the purpose of developing and 9 implementing evidence-based workforce develop10 ment activities in the State. Such activities— 11 ‘‘(i) shall comply with the priority of 12 service requirement described in subsection 13 (e)(3); and 14 ‘‘(ii) may include strategies such as— 15 ‘‘(I) innovative skills development 16 programs to improve employment out17 comes for jobseekers, incumbent work18 ers, and dislocated workers; 19 ‘‘(II) job training programs and 20 assistance with removing barriers to 21 employment for justice-involved indi22 viduals; 23 ‘‘(III) pre-apprenticeships, ap24 prenticeships, and evidence-based 25 workforce development and employVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01356 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1357. 1357 1 ment opportunities, including for 2 youth (particularly opportunity 3 youth); 4 ‘‘(IV) the development and 5 strengthening of industry or sector 6 partnerships and training programs 7 offered under such partnerships; 8 ‘‘(V) the optimization of sup9 portive service delivery and the inte10 gration of such services within the 11 workforce system to promote retention 12 in and completion of training pro13 grams for participants served under 14 the pilot project; and 15 ‘‘(VI) other strategies as may be 16 appropriate and necessary to achieve 17 better outcomes for jobseekers, work18 ers, employers, and taxpayers, as de19 termined by the Governor. 20 ‘‘(D) LOCAL AREA AND CONSORTIUM RES21 ERVATION.—A local area or a consortium of 22 local areas for which a pilot project is author23 ized under this section shall reserve not less 24 than 25 percent of the consolidated sum allot25 ted, as described in clause (ii) or (iii), respecVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01357 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1358. 1358 1 tively, of subparagraph (B), to the local area or 2 consortium of local areas, respectively, for the 3 purpose of developing and implementing evi4 dence-based workforce development activities 5 described in subparagraph (C) in the local area 6 or local areas served by the consortium, respec7 tively. 8 ‘‘(2) EXCEPTIONS.— 9 ‘‘(A) IN GENERAL.—A State, local area, or 10 consortium of local areas carrying out a pilot 11 project under this section shall comply with 12 statutory or regulatory requirements of this Act 13 relating to— 14 ‘‘(i) performance accountability and 15 reporting, except as otherwise provided in 16 this section; 17 ‘‘(ii) the membership of local boards 18 or State boards in instances where a State 19 carrying out a pilot project will maintain 20 the use of such local boards or State 21 boards, respectively, during the pilot 22 project period; 23 ‘‘(iii) the requirement to set minimum 24 levels of performance on the criteria de25 scribed in section 122(b)(2)(B) for any VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01358 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1359. 1359 1 providers of training services that will re2 ceive funding under the pilot project; 3 ‘‘(iv) the establishment of the one-stop 4 delivery system to make the services and 5 activities carried out under the pilot 6 project available to individuals in the 7 State, local area, or consortium of local 8 areas carrying out the pilot project, except 9 that, of the requirements in section 121(e), 10 such one-stop delivery system shall only be 11 required to meet the requirements of para12 graph (2) of that section and only with re13 spect to the services and activities of the 14 pilot project; 15 ‘‘(v) the fiscal and management ac16 countability information systems described 17 in section 116(j) and, in the case of a pilot 18 project carried out by a local area or con19 sortium of local areas, the provisions on 20 fiscal integrity described in section 106; 21 and 22 ‘‘(vi) the priority of service described 23 in section 134(c)(3)(E). 24 ‘‘(B) APPLICABILITY OF DEFINED 25 TERMS.—In carrying out a pilot project under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01359 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1360. 1360 1 this section, a State, local area, or consortium 2 of local areas may only use a term defined in 3 section 3 to describe an activity carried out 4 under such pilot project if the State, local area, 5 or consortium of local areas gives such term the 6 same meaning as such term is given under such 7 section. 8 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 9 in subparagraph (A)(iv) shall be construed to 10 prevent a State, local area, or consortium of 11 local areas carrying out a pilot project under 12 this section from deciding to maintain the one13 stop delivery system in effect for the State, 14 local area, or consortium, respectively, prior to 15 the start of the pilot project. 16 ‘‘(3) AUTHORITY FOR THIRD-PARTY EVALUA17 TION.— 18 ‘‘(A) IN GENERAL.—Not later than 180 19 days after the first pilot project is approved 20 under this section, the Secretary shall contract 21 with a third-party evaluator to conduct a rig22 orous evaluation of each pilot project approved 23 under this section. The evaluation shall— 24 ‘‘(i) cover the entire period of each 25 pilot project; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01360 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1361. 1361 1 ‘‘(ii) include a description of— 2 ‘‘(I) the populations served under 3 the pilot project, including with re4 spect to individuals with barriers to 5 employment served under the pilot 6 project, disaggregated by each sub7 population of such individuals, and by 8 race, ethnicity, sex, and age; 9 ‘‘(II) the services provided 10 through the pilot project, the pro11 viders of such services, and the cost of 12 such services, disaggregated by the 13 type of service provided; 14 ‘‘(III) if the pilot project is car15 ried out by a State, the geographic 16 distribution within the State of the 17 services provided under the pilot 18 project; and 19 ‘‘(IV) the workforce development 20 systems in the State, local area, or 21 consortium of local areas that were af22 fected, and the nature of such effects, 23 as a result of the pilot project; 24 ‘‘(iii) compare the employment and 25 earnings outcomes of participants in activiVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01361 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1362. 1362 1 ties carried out under the pilot project 2 to— 3 ‘‘(I) the outcomes of similarly sit4 uated individuals who do not partici5 pate in such activities and who are lo6 cated in such State, such local area, 7 or a local area in such consortium, as 8 applicable; 9 ‘‘(II) the outcomes of similarly 10 situated participants in similarly situ11 ated States or local areas within such 12 States, as applicable, that do not re13 ceive authority to carry out a pilot 14 project under this section; and 15 ‘‘(III) the outcomes of partici16 pants in activities under chapter 2 or 17 3 of subtitle B in the State, local 18 area, or a local area in the consortium 19 that was awarded a waiver prior to 20 the award of such waiver; 21 ‘‘(iv) conduct a qualitative analysis 22 that identifies any practices or strategies 23 (including promising, evidence-based, or in24 novative practices and strategies) that— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01362 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1363. 1363 1 ‘‘(I) would not have been con2 ducted without the waiving of statu3 tory or regulatory provisions through 4 the pilot project; and 5 ‘‘(II) led to changes in employ6 ment and earnings outcomes for the 7 participants, including employment 8 and earnings outcomes for partici9 pants who are opportunity youth and 10 individuals with barriers to employ11 ment; and 12 ‘‘(v) compare the outcomes for sub13 clauses (I), (II), and (III) of clause (iii) 14 with respect to the subpopulations de15 scribed in section 116(d)(2)(B). 16 ‘‘(B) REPORT.—Not later than 2 years 17 after the final year of a pilot project approved 18 under this section, the Secretary shall submit to 19 the Committee on Education and the Workforce 20 of the House of Representatives and the Com21 mittee on Health, Education, Labor, and Pen22 sions of the Senate the results of the evaluation 23 conducted under this paragraph. 24 ‘‘(c) PILOT PERIOD; LIMITATIONS.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01363 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1364. 1364 1 ‘‘(1) IN GENERAL.—A pilot project approved 2 under this section for a State, local area, or consor3 tium— 4 ‘‘(A) shall be carried out for a 5-year pilot 5 project period; and 6 ‘‘(B) may be renewed for an additional 4- 7 year pilot project period, if the State, local 8 area, or consortium— 9 ‘‘(i) for each of the final 3 years of 10 the preceding 5-year pilot project period, 11 meets its expected levels of performance 12 established under subsection (f)(1)(C); and 13 ‘‘(ii) for the final year of the pre14 ceding 5-year pilot project period, achieves 15 a performance improvement of not less 16 than an average of a 5-percent increase 17 across all of the indicators of performance 18 described in clauses (i) and (ii) of sub19 section (f)(1)(A), compared with— 20 ‘‘(I) the highest level of perform21 ance for the corresponding indicators 22 of performance, as described in sub23 section (f)(1)(B)(i) with respect to 24 such State, for the most recent pro25 gram year that ended prior to the beVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01364 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1365. 1365 1 ginning of the first year of the pre2 ceding 5-year pilot project period; or 3 ‘‘(II) the alternate baseline level 4 of performance for the corresponding 5 indicators of performance that is 6 agreed upon between the State and 7 the Secretary under subsection 8 (f)(1)(B)(ii). 9 ‘‘(2) LIMITATIONS.— 10 ‘‘(A) PILOT PERIOD LIMITATIONS.—For 11 each pilot period (including renewals of such 12 period) the Secretary may not approve— 13 ‘‘(i) more than 5 pilot projects for eli14 gible States described in paragraph (3) to 15 carry out a pilot project described in sub16 section (b)(1)(B)(i), except as provided in 17 subparagraph (C); and 18 ‘‘(ii) more than 4 pilot projects for 19 local areas (or consortia of local areas) to 20 carry out a pilot project described in clause 21 (ii) or (iii) of subsection (b)(1)(B). 22 ‘‘(B) STATE LIMITATIONS.—Not more 23 than 1 pilot project may be approved under this 24 section per State. For purposes of this subpara25 graph, a pilot project described in clause (ii) or VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01365 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1366. 1366 1 (iii) of subsection (b)(1)(B) approved for a local 2 area or a consortium of local areas, respectively, 3 in a State shall be considered a pilot project ap4 proved under this section for the State. 5 ‘‘(C) SUBSEQUENT APPROVAL.—Notwith6 standing subparagraph (A)(i), the Secretary 7 may award authority to carry out a pilot project 8 for a State as a whole under this section to 2 9 additional eligible States described in paragraph 10 (3), if, at the beginning of the third year of the 11 pilot projects awarded to the 5 eligible States 12 under subparagraph (A)(i), each of such 13 States— 14 ‘‘(i) has met or exceeded expected lev15 els of performance under the primary indi16 cators of performance described in section 17 116(b)(2)(A); and 18 ‘‘(ii) meets the requirement described 19 in subsection (e)(4). 20 ‘‘(3) ELIGIBLE STATES.—The Secretary may 21 not approve a pilot project for a State as a whole 22 described in subsection (b)(1)(B)(i) unless, at the 23 time of submission of the application, such State is 24 an eligible State, meaning— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01366 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1367. 1367 1 ‘‘(A) a State designated as a single State 2 local area under section 106(d), including a 3 State that has received consent to be so des4 ignated under section 106(d)(2); or 5 ‘‘(B) a State with— 6 ‘‘(i) a labor force participation rate 7 that is less than 60 percent for the most 8 recent program year; and 9 ‘‘(ii) a population of less than 10 5,100,000, as determined by the most re11 cent decennial census released by the Bu12 reau of the Census. 13 ‘‘(4) EQUITABLE FLEXIBILITY PILOT AUTHOR14 ITY.—No less than 2 and no more than 3 of the eli15 gible States for which the Secretary awards author16 ity to carry out a pilot project for the eligible State 17 as a whole under this section shall be States eligible 18 under paragraph (3)(B), at the time of submission 19 of the application, except that in the case of subse20 quent approval described in paragraph (2)(C), ex21 actly 50 percent of the eligible States for which the 22 Secretary awards authority under such paragraph to 23 carry out a pilot project for the eligible State as a 24 whole shall be States eligible under paragraph 25 (3)(B). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01367 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1368. 1368 1 ‘‘(d) APPLICATION.— 2 ‘‘(1) IN GENERAL.—To be eligible to carry out 3 a pilot project under this section, a State shall sub4 mit to the Secretary an application at such time and 5 in such manner as the Secretary may reasonably re6 quire, and containing the information described in 7 paragraph (2). 8 ‘‘(2) CONTENT.—Each application submitted by 9 a State under this subsection shall include the fol10 lowing: 11 ‘‘(A) A description of the pilot project to 12 be carried out under this section, including— 13 ‘‘(i) whether the project will be car14 ried out— 15 ‘‘(I) by the State as a whole; 16 ‘‘(II) by a local area, and if so— 17 ‘‘(aa) an identification of— 18 ‘‘(AA) such local area; 19 and 20 ‘‘(BB) whether the 21 local area will be the fiscal 22 agent for the project, or 23 whether the local board has 24 entered into a written agree25 ment with the State for the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01368 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1369. 1369 1 State to serve as the fiscal 2 agent during the project; 3 and 4 ‘‘(bb) written verification 5 from the local board for such 6 local area that such local board 7 agrees— 8 ‘‘(AA) to carry out such 9 project; and 10 ‘‘(BB) to the fiscal 11 agent identified in item 12 (aa)(BB); or 13 ‘‘(III) by a consortium of local 14 areas in the State, and if so— 15 ‘‘(aa) an identification of— 16 ‘‘(AA) each local area 17 that comprises the consor18 tium; and 19 ‘‘(BB) the local area 20 that will serve as the fiscal 21 agent for the consortium 22 during the project, or wheth23 er the consortium has en24 tered into a written agree25 ment with the State for the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01369 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1370. 1370 1 State to serve as the fiscal 2 agent; and 3 ‘‘(bb) written verification 4 from each local board of each 5 local area identified in item 6 (aa)(AA) that such local board 7 agrees— 8 ‘‘(AA) to carry out such 9 project as a consortium; and 10 ‘‘(BB) to the fiscal 11 agent for the consortium 12 identified in item (aa)(BB); 13 ‘‘(ii) a description of the activities to 14 be carried out under the project, includ15 ing— 16 ‘‘(I) the activities to be carried 17 out under the reservation required 18 under subparagraph (C) or (D) of 19 subsection (b)(1), as applicable; 20 ‘‘(II) how the activities will com21 ply with the priority of service de22 scribed in subsection (e)(3); and 23 ‘‘(III) how the activities will be 24 made available through the one-stop VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01370 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1371. 1371 1 delivery system described in sub2 section (b)(2)(A)(iv); 3 ‘‘(iii) the goals the State, local area, 4 or consortium intends to achieve through 5 such activities, which shall be aligned with 6 the purpose described in subsection (a); 7 and 8 ‘‘(iv) a description of any reforms or 9 improvements, including any reforms or 10 improvements that may be evidence-based, 11 to service delivery to be carried out under 12 the project. 13 ‘‘(B) A description of the performance out14 comes the State, the local area, or consortium 15 expects to achieve for such activities for each 16 year of the pilot project period as described in 17 subsection (f)(1). 18 ‘‘(C) A description of how the State, local 19 area, or consortium consulted with employers, 20 the State board, and the local boards in the 21 State in determining the activities to carry out 22 under the pilot project. 23 ‘‘(D) A description of how the State will 24 make such activities available to jobseekers and 25 employers in each of the local areas in the State VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01371 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1372. 1372 1 or, in a case of a project that will be carried out 2 by a local area or a consortium, a description 3 of how such services will be made available to 4 jobseekers and employers in such local area or 5 each of the local areas in the consortium. 6 ‘‘(E) A description, if appropriate, of how 7 the State, local area, or consortium will inte8 grate the funds received, and the activities car9 ried out, under the pilot project under this sec10 tion with funds and activities for State work11 force development programs and other Federal, 12 State, or local workforce, education, or social 13 service programs (including the programs and 14 activities listed in section 103(a)(2), the pro15 gram of adult education and literacy activities 16 authorized under title II, and the program au17 thorized under title I of the Rehabilitation Act 18 of 1973 (29 U.S.C. 720 et seq.)). 19 ‘‘(F) An assurance that the State, local 20 area, or consortium will meet the requirements 21 of this section. 22 ‘‘(3) SECRETARIAL APPROVAL.— 23 ‘‘(A) IN GENERAL.—The Secretary shall— 24 ‘‘(i) approve an application submitted 25 under this subsection, and the pilot project VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01372 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1373. 1373 1 described in such application, not later 2 than 90 days after the date on which such 3 application is submitted, unless the Sec4 retary meets the requirements of clause 5 (ii); and 6 ‘‘(ii) have the authority to disapprove 7 such application only if, by not later than 8 90 days after the date on which such appli9 cation is submitted, the Secretary— 10 ‘‘(I) determines— 11 ‘‘(aa) that such application 12 is subject to the limitations de13 scribed in subsection (c)(2); or 14 ‘‘(bb) that such application 15 fails to meet the requirements of 16 this section; and 17 ‘‘(II) in a case which the Sec18 retary makes the determination de19 scribed in subclause (I)(bb), provides 20 to the State a written explanation of 21 initial disapproval that meets the re22 quirements of subparagraph (B). 23 ‘‘(B) INITIAL DISAPPROVAL.—An expla24 nation of initial disapproval provided by the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01373 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1374. 1374 1 Secretary to a State under subparagraph 2 (A)(ii)(II) shall provide the State with— 3 ‘‘(i) a detailed explanation of why the 4 application does not meet the requirements 5 of this section; and 6 ‘‘(ii) if the State is not subject to the 7 limitations described in subsection (c), an 8 opportunity to revise and resubmit the 9 State’s application under this section. 10 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 11 in this paragraph shall be construed to require 12 the Secretary to approve more pilot projects 13 than allowed under the limitations described in 14 subsection (c)(2). 15 ‘‘(4) PRIORITY.—In approving pilot projects 16 under this section in the case that more eligible 17 States, for the State as a whole, or more States, on 18 behalf of local areas and consortia of local areas, 19 have submitted applications that meet the require20 ments of this section than the Secretary is allowed 21 to approve pursuant to the limitations described in 22 subsection (c)(2), the Secretary shall give priority 23 consideration as follows: 24 ‘‘(A) For applications seeking a pilot 25 project for the eligible State as a whole— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01374 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1375. 1375 1 ‘‘(i) first, to applications submitted by 2 eligible States with a population of not 3 more than 5,000,000 and not less than 15 4 workforce boards, as of the date of enact5 ment of the A Stronger Workforce for 6 America Act; and 7 ‘‘(ii) second, to applications submitted 8 by eligible States that have achieved the 9 State adjusted levels of performance for 10 the youth program authorized under chap11 ter 2 of subtitle B and the adult and dis12 located worker programs authorized under 13 chapter 3 of subtitle B in the most recent 14 program year for which performance infor15 mation is available. 16 ‘‘(B) For applications seeking a pilot 17 project for a local area or consortium of local 18 areas, to applications submitted by local areas 19 or consortia of local areas that have achieved 20 the negotiated local levels of performance for 21 such youth program and such adult and dis22 located worker programs in the most recent 23 program year for which performance informa24 tion is available. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01375 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1376. 1376 1 ‘‘(e) STATE PILOT PROJECT REQUIREMENTS.—A 2 State, local area, or consortium that has been approved 3 to carry out a pilot project under this section shall meet 4 each of the following requirements: 5 ‘‘(1) USE OF FUNDS.—Use the funds received 6 pursuant to subsection (b)(1)(B) solely to carry out 7 the activities of the pilot project to achieve the goals 8 of the pilot project, as described in subsection 9 (d)(2)(A). 10 ‘‘(2) ADMINISTRATIVE COSTS LIMITATION.— 11 Use not more than 10 percent of the funds received 12 pursuant to subsection (b)(1)(B) for a fiscal year for 13 the administrative costs of carrying out the pilot 14 project. 15 ‘‘(3) PRIORITY FOR SERVICES.—Give priority 16 for services under the project to veterans and their 17 eligible spouses in accordance with the requirements 18 of section 4215 of title 38, United States Code, re19 cipients of public assistance, low-income individuals, 20 individuals who have foundational skill needs, oppor21 tunity youth, and dislocated workers. 22 ‘‘(4) NUMBER OF PARTICIPANTS.—Serve a 23 number of participants under the activities of the 24 pilot project for each year of the pilot project period 25 that— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01376 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1377. 1377 1 ‘‘(A) is greater than the number of partici2 pants served by such State, local area, or con3 sortium, as applicable, under the programs de4 scribed in subparagraph (A) of section 3(13) 5 for the most recent program year that ended 6 prior to the beginning of the first year of the 7 pilot project period; or 8 ‘‘(B) is not less than the number of par9 ticipants to be served under the activities of the 10 pilot project that is agreed upon between the 11 State, local area, or consortium, as applicable, 12 and the Secretary— 13 ‘‘(i) prior to the Secretary’s approval 14 of the application submitted under sub15 section (d); and 16 ‘‘(ii) after the Secretary takes into ac17 count— 18 ‘‘(I) the goals the State, local 19 area, or consortium intends to achieve 20 through the pilot project; and 21 ‘‘(II) the participants the State, 22 local area, or consortium intends to 23 serve under such project. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01377 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1378. 1378 1 ‘‘(5) REPORTING OUTCOMES.—Submit, on an 2 annual basis, to the Secretary a report, with respect 3 to such State, local area, or consortium— 4 ‘‘(A) on participant outcomes for each in5 dicator of performance described in subsection 6 (f)(1)(A) for the activities carried out under the 7 project; 8 ‘‘(B) on the applicable requirements of sec9 tion 116(d)(2), including— 10 ‘‘(i) subparagraph (B) of such section; 11 and 12 ‘‘(ii) subparagraphs (C), (D), (E), 13 (F), (G), and (J) of such section, as such 14 subparagraphs are applicable to activities 15 under the pilot project; and 16 ‘‘(C) containing a description of how the 17 State spent the amounts reserved under sub18 section (b)(1)(C) or the local area or consor19 tium spent the amounts reserved under sub20 section (b)(1)(D), as applicable, and any evi21 dence-based practices developed with such 22 amounts. 23 ‘‘(6) COMPLIANCE WITH CERTAIN EXISTING RE24 QUIREMENTS.—Comply with the statutory or reguVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01378 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1379. 1379 1 latory requirements listed in subparagraphs (A) and 2 (B) of subsection (b)(2). 3 ‘‘(f) PERFORMANCE ACCOUNTABILITY.— 4 ‘‘(1) ESTABLISHMENT OF BASELINE LEVELS 5 FOR PERFORMANCE.— 6 ‘‘(A) IN GENERAL.—Each State shall de7 scribe in the application submitted under sub8 section (d), for each year of the pilot project pe9 riod— 10 ‘‘(i) with respect to participants who 11 are at least 25 years old, the expected 12 State levels of performance or expected 13 local levels of performance, as the case 14 may be, for each of the indicators of per15 formance under section 116(b)(2)(A)(i) for 16 the activities carried out under the project 17 under this section, which shall meet the re18 quirements of subparagraph (B); and 19 ‘‘(ii) with respect to participants who 20 are at least 16 years old and not older 21 than 24 years old, the expected State levels 22 of performance or expected local levels of 23 performance, as the case may be, for each 24 of the indicators of performance under sec25 tion 116(b)(2)(A)(ii) for the activities carVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01379 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1380. 1380 1 ried out under the project under this sec2 tion, which shall meet the requirements of 3 subparagraph (B). 4 ‘‘(B) FIFTH YEAR.—Each of the expected 5 levels of performance established pursuant to 6 subparagraph (A) for each of the indicators of 7 performance for the fifth year of the pilot 8 project period shall be higher than— 9 ‘‘(i) the highest State adjusted or ne10 gotiated local level of performance, as ap11 plicable, for the corresponding indicator of 12 performance for the programs described in 13 subparagraph (A) of section 3(13), for the 14 most recent program year for such State 15 that ended prior to the beginning of the 16 first year of the pilot project period; or 17 ‘‘(ii) an alternate baseline level of per18 formance that— 19 ‘‘(I) shall not be lower than the 20 most recent State adjusted or nego21 tiated local level of performance (in22 cluding any revisions) for the cor23 responding indicator of performance 24 for the youth program under chapter 25 2 of subtitle B or the adult or disVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01380 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1381. 1381 1 located worker program under chapter 2 3 of such subtitle (using the program 3 determined most applicable by the 4 Governor of the State submitting the 5 application), taking into account the 6 goals the State intends to achieve 7 through the pilot project and the par8 ticipants the State intends to serve 9 through such project; and 10 ‘‘(II) is agreed upon between the 11 State and the Secretary— 12 ‘‘(aa) prior to the Sec13 retary’s approval of the applica14 tion submitted under subsection 15 (d); and 16 ‘‘(bb) after the Secretary 17 takes into account— 18 ‘‘(AA) the goals the 19 State intends to achieve 20 through the pilot project; 21 and 22 ‘‘(BB) the participants 23 the State intends to serve 24 under such project. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01381 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1382. 1382 1 ‘‘(C) AGREED LEVEL FOR PERFORMANCE 2 ON EXPECTED LEVELS OF PERFORMANCE.— 3 Prior to approving an application for a pilot 4 project submitted by a State, and using the ex5 pected levels of performance described in such 6 application, the Secretary shall reach an agree7 ment with such State on the expected levels of 8 performance for each of the indicators of per9 formance. In reaching an agreement on such 10 expected levels of performance, the Secretary 11 and the State may consider the factors de12 scribed in section 116(b)(3)(A)(v). 13 ‘‘(2) SANCTIONS.— 14 ‘‘(A) IN GENERAL.—The sanctions de15 scribed in section 116(f)(1)(B) shall apply to a 16 State, local area, or consortium of local areas 17 beginning on the third year of the pilot project 18 period (and, for failures described in clause 19 (ii)(II) of that section, shall first apply for con20 secutive failures in that third year and the fol21 lowing year) for such State, local area, or con22 sortium, except that the expected levels of per23 formance established under paragraph (1) shall 24 be— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01382 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1383. 1383 1 ‘‘(i) deemed to be levels of perform2 ance agreed to under section 3 116(b)(3)(A)(iv), for purposes of this para4 graph; and 5 ‘‘(ii) adjusted at the end of each pro6 gram year to reflect the actual characteris7 tics of participants served and the actual 8 economic conditions experienced using a 9 statistical adjustment model similar to the 10 model described in section 11 116(b)(3)(A)(viii). 12 ‘‘(B) INELIGIBILITY FOR RENEWAL.—A 13 State, local area, or consortium that is subject 14 to such sanctions shall be ineligible to renew its 15 pilot project period under subsection (c). 16 ‘‘(3) IMPACT OF LOCAL OR CONSORTIUM PILOT 17 PROJECTS ON STATEWIDE ACCOUNTABILITY.—With 18 respect to a State with an approved pilot project for 19 a local area or consortium of local areas in the 20 State— 21 ‘‘(A) the performance of such local area or 22 consortium for the programs described in sub23 paragraph (A) of section 3(13) shall not be in24 cluded in the levels of performance for such 25 State for any of such programs for purposes of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01383 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1384. 1384 1 section 116 for any program year that is appli2 cable to any year of the pilot project period; 3 and 4 ‘‘(B) with respect to any local areas of the 5 State that are not part of the pilot project, the 6 State shall reach a new agreement with the 7 Secretary, for purposes of section 116(b)(3)(A), 8 on levels of performance for such programs for 9 such program years. 10 ‘‘(g) TERMINATION.—Except as provided under sub11 section (c)(1)(B), the Secretary may not approve a pilot 12 project after December 31, 2030.’’. 13 SEC. 198. GENERAL PROGRAM REQUIREMENTS. 14 Section 194 of the Workforce Innovation and Oppor15 tunity Act (29 U.S.C. 3254)) is amended by adding at 16 the end the following: 17 ‘‘(16)(A) IN GENERAL.—Each recipient of 18 funds described in section 128(a), section 128(b), or 19 section 133(b) or under subtitle C or D (including 20 a provider described in section 122(i) that is award21 ed such funds by a State or local area) shall provide 22 to the appropriate entity an assurance that the re23 cipient will adhere to the requirements under sub24 sections (a) and (b) of section 181. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01384 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1385. 1385 1 ‘‘(B) APPROPRIATE ENTITY.—For the purposes of 2 this paragraph, the term ‘appropriate entity’ means— 3 ‘‘(i) in the case of any funds described in sec4 tion 128(a), the Governor of the State providing 5 such funds; 6 ‘‘(ii) in the case of any funds described in sec7 tion 128(b) or section 133(b), the local board pro8 viding such funds; and 9 ‘‘(iii) in the case of any funds under subtitle C 10 or D, the Secretary. 11 ‘‘(17) REGARDING STATES WITH LOW POPU12 LATION DENSITY.— 13 ‘‘(A) LOW-DENSITY WORKFORCE AREA 14 CONSIDERATIONS.—In the case of a local area 15 located in a ‘low-density workforce area’, sec16 tion 129(c)(4) shall be applied— 17 ‘‘(i) by substituting ‘25 percent’ for 18 ‘40 percent’; and 19 ‘‘(ii) by substituting ‘7 and 1/2 per20 cent’ for ‘12 and 1/2 percent’. 21 ‘‘(B) LOW-DENSITY WORKFORCE AREA 22 DEFINITION.—In this title, the term ‘low-den23 sity workforce area’ means a State with a popu24 lation density of less than 1.5 persons per VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01385 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1386. 1386 1 square mile, as determined by the most recent 2 decennial census of the Bureau of the Census.’’. 3 TITLE II—ADULT EDUCATION 4 AND LITERACY 5 SEC. 201. PURPOSE. 6 Section 202 of the Workforce Innovation and Oppor7 tunity Act (29 U.S.C. 3271) is amended— 8 (1) in paragraph (1), by inserting ‘‘(including 9 digital literacy skills)’’ before ‘‘necessary’’; 10 (2) in paragraph (3), by striking ‘‘secondary 11 school diploma’’ and inserting ‘‘regular high school 12 diploma or its recognized equivalent’’; and 13 (3) in paragraph (4), by striking ‘‘English lan14 guage learners’’ and inserting ‘‘English learners’’. 15 SEC. 202. DEFINITIONS. 16 Section 203 of the Workforce Innovation and Oppor17 tunity Act (29 U.S.C. 3272) is amended— 18 (1) in paragraph (1)— 19 (A) in subparagraph (A)— 20 (i) by striking ‘‘and speak’’ and in21 serting ‘‘listen, speak, and comprehend’’; 22 and 23 (ii) by striking ‘‘secondary’’ and in24 serting ‘‘regular high’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01386 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1387. 1387 1 (B) in subparagraph (B), by striking 2 ‘‘and’’ at the end; 3 (C) by redesignating subparagraph (C) as 4 subparagraph (D); and 5 (D) by inserting after subparagraph (B) 6 the following: 7 ‘‘(C) develop and use digital literacy skills; 8 and’’; 9 (2) by redesignating paragraphs (3) through 10 (14), (15), (16), and (17), as paragraphs (4) 11 through (15), (17), (18), and (19), respectively; 12 (3) by inserting after paragraph (2) the fol13 lowing: 14 ‘‘(3) DIGITAL LITERACY SKILLS.—The term 15 ‘digital literacy skills’ has the meaning given the 16 term in section 202 of the Museum and Library 17 Services Act (20 U.S.C. 9101).’’; 18 (4) in paragraph (5)(C) (as so redesignated)— 19 (A) by striking clause (i) and inserting the 20 following: 21 ‘‘(i) has foundational skill needs;’’; 22 (B) in clause (ii), by striking ‘‘secondary’’ 23 and inserting ‘‘regular high’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01387 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1388. 1388 1 (C) in clause (iii), by striking ‘‘English 2 language learner’’ and inserting ‘‘English learn3 er’’; 4 (5) in paragraph (7) (as so redesignated)— 5 (A) in subparagraph (A), by striking 6 ‘‘English language learners’’ and inserting 7 ‘‘English learners’’; and 8 (B) in subparagraph (B)(i)(I), by striking 9 ‘‘secondary’’ and inserting ‘‘regular high’’; 10 (6) in paragraph (8) (as so redesignated)— 11 (A) in the paragraph heading, by striking 12 ‘‘LANGUAGE’’; and 13 (B) in the matter preceding subparagraph 14 (A), by striking ‘‘English language learner’’ and 15 inserting ‘‘English learner’’; 16 (7) in the matter preceding subparagraph (A) 17 in paragraph (10) (as so redesignated), by inserting 18 ‘‘and educational’’ after ‘‘the economic’’; 19 (8) in paragraph (13) (as so redesignated)— 20 (A) by striking ‘‘English language learn21 ers’’ and inserting ‘‘English learners’’; and 22 (B) by striking ‘‘and may include work23 force training.’’ and inserting the following: 24 ‘‘and may— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01388 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1389. 1389 1 ‘‘(A) include skills development, postsec2 ondary preparation activities, digital literacy 3 skills instruction, financial literacy instruction, 4 and workforce training; and 5 ‘‘(B) be provided concurrently with other 6 activities and services, such as adult edu7 cation.’’; 8 (9) in paragraph (14) (as so redesignated), by 9 striking ‘‘and speak in English, compute, and solve 10 problems,’’ and inserting ‘‘speak, and comprehend in 11 English, compute, solve problems, and have digital 12 literacy skills,’’; and 13 (10) by inserting after paragraph (15) (as so 14 redesignated) the following: 15 ‘‘(16) POSTSECONDARY PREPARATION ACTIVI16 TIES.—The term ‘postsecondary preparation activi17 ties’ means academic counseling (which may be pro18 vided by a college and career navigator) and services 19 designed to support enrollment and success in post20 secondary education that include assisting individ21 uals to— 22 ‘‘(A) identify postsecondary educational op23 tions that prepare individuals for unsubsidized 24 employment; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01389 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1390. 1390 1 ‘‘(B) navigate the transition from adult 2 education to postsecondary education; 3 ‘‘(C) navigate the transition from adult 4 education to workforce development programs 5 and services; 6 ‘‘(D) coenroll in adult education and work7 force development programs, if applicable; 8 ‘‘(E) improve academic skills so that indi9 viduals are prepared to participate in postsec10 ondary education without need for remediation; 11 or 12 ‘‘(F) learn notetaking, study skills, and 13 other skills that promote student success in 14 postsecondary education.’’. 15 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 16 Section 206 of the Workforce Innovation and Oppor17 tunity Act (29 U.S.C. 3275) is amended to read as follows: 18 ‘‘SEC. 206. AUTHORIZATION OF APPROPRIATIONS. 19 ‘‘There are authorized to be appropriated to carry out 20 this title $751,042,100 for each of the fiscal years 2025 21 through 2030.’’. 22 SEC. 204. SPECIAL RULE. 23 Section 211 of the Workforce Innovation and Oppor24 tunity Act (29 U.S.C. 3291) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01390 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1391. 1391 1 (1) in subsection (d)(3), by striking ‘‘sec2 ondary’’ and inserting ‘‘regular high’’; and 3 (2) in subsection (e)(3), by striking ‘‘period de4 scribed in section 3(45)’’ and inserting ‘‘period de5 scribed in subparagraph (B) of section 3(50)’’. 6 SEC. 205. PERFORMANCE ACCOUNTABILITY SYSTEM. 7 Section 212 of the Workforce Innovation and Oppor8 tunity Act (29 U.S.C. 3292) is amended to read as follows: 9 ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM. 10 ‘‘(a) IN GENERAL.—Programs and activities author11 ized in this title are subject to the performance account12 ability provisions described in section 116, except that the 13 indicator described in subsection (b)(2)(A)(i)(VI) of such 14 section shall be applied as if it were the percentage of pro15 gram participants who exited the program during the pro16 gram year and completed an integrated education and 17 training program. 18 ‘‘(b) DATA COLLECTION.—Notwithstanding section 19 134(a) of the Higher Education Act of 1965 (20 U.S.C. 20 1015c(a)), the Secretary is authorized to collect 21 deidentified participant-level data for participants in pro22 grams and activities funded under this title on the infor23 mation required for State performance reports as de24 scribed in section 116(d) for the sole purpose of adminVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01391 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1392. 1392 1 istering the performance accountability system under sec2 tion 116.’’. 3 SEC. 206. MATCHING REQUIREMENT. 4 Section 222(b) of the Workforce Innovation and Op5 portunity Act (29 U.S.C. 3302(b)) is amended by adding 6 at the end the following: 7 ‘‘(3) PUBLIC AVAILABILITY OF INFORMATION 8 ON MATCHING FUNDS.—Each eligible agency shall 9 maintain, on a publicly accessible website of such 10 agency and in an easily accessible format, informa11 tion documenting the non-Federal contributions 12 made available to programs that offer adult edu13 cation and literacy activities or family literacy activi14 ties pursuant to this subsection, including— 15 ‘‘(A) the sources of such contributions, ex16 cept that in the case of private contributions, 17 names of the individuals or entities providing 18 such contributions may not be disclosed; and 19 ‘‘(B) in the case of funds made available 20 by a State or outlying area, an explanation of 21 how such funds are distributed to eligible pro22 viders.’’. 23 SEC. 207. STATE LEADERSHIP ACTIVITIES. 24 Section 223(a) of the Workforce Innovation and Op25 portunity Act (29 U.S.C. 3303(a)) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01392 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1393. 1393 1 (1) in paragraph (1)— 2 (A) in subparagraph (A), by striking ‘‘ac3 tivities.’’ and inserting ‘‘activities and the iden4 tification of opportunities to coordinate with ac5 tivities supported under the Carl D. Perkins 6 Career and Technical Education Act of 2006 7 (20 U.S.C. 2301 et seq.) to expand integrated 8 education and training programs.’’; 9 (B) in subparagraph (C)— 10 (i) in clause (i), by striking ‘‘based on 11 the most rigorous or scientifically valid re12 search available and appropriate, in read13 ing, writing, speaking, mathematics,’’ and 14 inserting ‘‘based on evidence-based prac15 tices, in reading, writing, speaking, 16 English comprehension, mathematics,’’; 17 (ii) in clause (ii), by striking ‘‘and’’ at 18 the end; 19 (iii) in clause (iii), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 21 (iv) by adding at the end the fol22 lowing: 23 ‘‘(iv) assistance in reporting partici24 pant outcomes for the performance ac25 countability system described in section VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01393 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1394. 1394 1 212, including facilitating partnerships 2 with the appropriate State entities to con3 duct matches with State administrative 4 data (such as wage records) to determine 5 program performance on the indicators of 6 performance described in subclauses (I) 7 through (III) of section 116(b)(2)(A)(i) 8 and which may include assistance in inte9 grating with statewide longitudinal data 10 systems.’’; 11 (C) by redesignating subparagraph (D) as 12 subparagraph (E); and 13 (D) by inserting after subparagraph (C) 14 the following: 15 ‘‘(D) The development, identification, ac16 quisition, and dissemination (which may be 17 done in coordination with other States) of evi18 dence-based instructional materials (to the ex19 tent available) that lead to literacy, English lan20 guage acquisition, a recognized postsecondary 21 credential, or any combination of such results; 22 and— 23 ‘‘(i) are designed to meet the needs of 24 adult learners, including English learners, 25 and may be developed for integrated eduVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01394 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1395. 1395 1 cation and training in an in-demand indus2 try sector or occupation within the State; 3 and 4 ‘‘(ii) will improve the instruction pro5 vided pursuant to the local activities re6 quired under section 231(b).’’; and 7 (2) in paragraph (2)— 8 (A) by redesignating subparagraphs (E), 9 (F), (G), (H), (I), (J), (K), (L), and (M), as 10 subparagraphs (F), (G), (H), (I), (J), (K), (L), 11 (M), and (R), respectively; 12 (B) by inserting after subparagraph (D) 13 the following: 14 ‘‘(E) Developing content and models for 15 programs that support family literacy activi16 ties.’’; 17 (C) in subparagraph (J)(i) (as so redesig18 nated)— 19 (i) by striking ‘‘mathematics, and 20 English’’ and inserting ‘‘mathematics, 21 English’’; and 22 (ii) by striking ‘‘acquisition;’’ and in23 serting ‘‘acquisition, and digital literacy 24 skills;’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01395 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1396. 1396 1 (D) by striking subparagraph (K) (as so 2 redesignated) and inserting the following: 3 ‘‘(K) Developing and piloting of strategies 4 for improving adult educator recruitment, qual5 ity, and retention, such as— 6 ‘‘(i) the provision of professional de7 velopment; and 8 ‘‘(ii) the development and mainte9 nance of policies for awarding recognized 10 postsecondary credentials to adult edu11 cators who demonstrate effectiveness at 12 improving the achievement of adult stu13 dents.’’; 14 (E) in subparagraph (L) (as so redesig15 nated), by striking ‘‘English language learners’’ 16 and inserting ‘‘English learners’’; 17 (F) in subparagraph (M) (as so redesig18 nated), by inserting ‘‘, which may include 19 through partnerships with local educational 20 agencies or public agencies to recruit eligible in21 dividuals’’ after ‘‘employers’’; and 22 (G) by inserting after subparagraph (M) 23 (as so redesignated) the following: 24 ‘‘(N) Performance incentive payments to 25 eligible providers, including incentive payments VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01396 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1397. 1397 1 linked to increased use of integrated education 2 and training or other forms of instruction link3 ing adult education with the development of oc4 cupational skills for an in-demand industry sec5 tor or occupation in the State. 6 ‘‘(O) Strengthening the quality and effec7 tiveness of adult education and programs that 8 support family literacy activities in the State 9 through support for program quality standards 10 and accreditation requirements. 11 ‘‘(P) Raising public awareness (including 12 through public service announcements, such as 13 social media campaigns) about career and tech14 nical education programs and community-based 15 organizations, and other endeavors focused on 16 programs that prepare individuals for in-de17 mand industry sectors or occupations. 18 ‘‘(Q) Postsecondary preparation activi19 ties.’’. 20 SEC. 208. PROGRAMS FOR CORRECTIONS EDUCATION AND 21 OTHER INSTITUTIONALIZED INDIVIDUALS. 22 Section 225 of the Workforce Innovation and Oppor23 tunity Act (29 U.S.C. 3305) is amended— 24 (1) by striking subsection (a) and inserting the 25 following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01397 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1398. 1398 1 ‘‘(a) PROGRAM AUTHORIZED.— 2 ‘‘(1) IN GENERAL.—From funds made available 3 under section 222(a)(1) for a fiscal year, each eligi4 ble agency shall carry out corrections education and 5 education for justice-involved individuals and other 6 institutionalized individuals. 7 ‘‘(2) PRIORITY.—An eligible agency granting 8 awards from funds authorized under paragraph (1) 9 shall give priority to an eligible entity that proposes 10 to operate an educational program in a correctional 11 institution that is also served by a program author12 ized under section 172.’’; 13 (2) in subsection (b)— 14 (A) in the matter preceding paragraph (1), 15 by striking ‘‘for criminal offenders in correc16 tional institutions and for other institutional17 ized individuals’’ and inserting ‘‘for justice-in18 volved individuals in correctional institutions 19 and for other institutionalized individuals’’; and 20 (B) in paragraph (3), by striking ‘‘sec21 ondary school credit’’ and inserting ‘‘attainment 22 of a regular high school diploma or its recog23 nized equivalent’’; 24 (3) in subsection (c), by striking ‘‘criminal of25 fenders’’ and inserting ‘‘justice-involved individuals’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01398 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1399. 1399 1 (4) by redesignating subsections (d) and (e) as 2 subsections (e) and (f), respectively; 3 (5) by inserting after subsection (c) the fol4 lowing: 5 ‘‘(d) COORDINATION.—Each eligible agency that is 6 using assistance provided under this section to carry out 7 a program for justice-involved individuals within a correc8 tional institution shall— 9 ‘‘(1) coordinate such educational programs with 10 career and technical education activities provided to 11 individuals in State institutions from funds reserved 12 under section 112(a)(2)(A) of the Carl D. Perkins 13 Career and Technical Education Act of 2006 (20 14 U.S.C. 2322(a)(2)(A)); 15 ‘‘(2) identify opportunities to develop integrated 16 education and training opportunities for such indi17 viduals; 18 ‘‘(3) coordinate with institutions of higher edu19 cation operating a prison education program in the 20 State; and 21 ‘‘(4) if the correctional institution is also served 22 by a program authorized under section 172, provide 23 a description of how the award funds under this sec24 tion will be used to carry out the activities described VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01399 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1400. 1400 1 in section 172, in conjunction with the activities de2 scribed in subsection (b).’’; 3 (6) in subsection (e) (as so redesignated), by 4 striking ‘‘criminal offenders’’ and inserting ‘‘justice5 involved individuals’’; and 6 (7) in subsection (f) (as so redesignated)— 7 (A) in paragraph (1)(F), by striking 8 ‘‘criminal offenders’’ and inserting ‘‘justice-in9 volved individuals’’; and 10 (B) by striking paragraph (2) and insert11 ing the following: 12 ‘‘(2) JUSTICE-INVOLVED INDIVIDUAL.—The 13 term ‘justice-involved individual’ means any indi14 vidual who has been adjudicated delinquent or con15 victed of a crime and imprisoned under Federal or 16 State law. 17 ‘‘(3) PRISON EDUCATION PROGRAM.—The term 18 ‘prison education program’ has the meaning given 19 the term in section 484 of the Higher Education Act 20 of 1965 (20 U.S.C. 1091).’’. 21 SEC. 209. GRANTS AND CONTRACTS FOR ELIGIBLE PRO22 VIDERS. 23 Section 231 of the Workforce Innovation and Oppor24 tunity Act (29 U.S.C. 3321) is amended— 25 (1) in subsection (a)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01400 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1401. 1401 1 (A) by striking ‘‘From grant funds’’ and 2 inserting the following: 3 ‘‘(1) IN GENERAL.—From grant funds’’; and 4 (B) by adding at the end the following: 5 ‘‘(2) PROMPT AVAILABILITY OF FUNDS.—Each 6 eligible agency shall ensure that funds are available 7 for reimbursement to an eligible provider that is 8 awarded a multiyear grant or contract under para9 graph (1) not later than 45 days after the date on 10 which the multiyear grant or contract is awarded.’’; 11 (2) in subsection (d), by striking ‘‘section 12 203(4)’’ and inserting ‘‘section 203(5)’’; 13 (3) in subsection (e)— 14 (A) in paragraph (1)(B)(ii), by striking 15 ‘‘English language learners’’ and inserting 16 ‘‘English learners’’; 17 (B) in paragraph (5)— 18 (i) in subparagraph (A), by striking 19 ‘‘and’’ at the end; 20 (ii) in subparagraph (B), by adding 21 ‘‘and’’ at the end; and 22 (iii) by adding at the end the fol23 lowing: 24 ‘‘(C) uses instructional materials that are 25 designed to meet the needs of adult learners VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01401 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1402. 1402 1 and English learners and are evidence-based (to 2 the extent practicable), which may include, but 3 shall not be required to include, the instruc4 tional materials disseminated by the State 5 under section 223(a)(1)(D);’’; 6 (C) in paragraph (6)— 7 (i) by striking ‘‘speaking, mathe8 matics, and English’’ and inserting 9 ‘‘speaking and listening, mathematics, 10 comprehension, and English’’; and 11 (ii) by inserting before the semicolon 12 at the end the following: ‘‘, which may in13 clude the application of the principles of 14 universal design for learning’’; and 15 (D) in paragraph (10), by inserting ‘‘local 16 educational agencies,’’ after ‘‘strong links 17 with’’; and 18 (4) by adding at the end the following: 19 ‘‘(f) COST ANALYSIS.—In determining the amount of 20 funds to be awarded in grants or contracts under this sec21 tion, the eligible agency may consider the costs of pro22 viding learning in context, including integrated education 23 and training and workplace adult education and literacy 24 activities, and the extent to which the eligible provider inVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01402 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1403. 1403 1 tends to serve individuals using such activities, in order 2 to align the amount of funds awarded with such costs.’’. 3 SEC. 210. LOCAL APPLICATION. 4 Section 232 of the Workforce Innovation and Oppor5 tunity Act (29 U.S.C. 3322) is amended— 6 (1) in paragraph (4), by inserting ‘‘and coordi7 nate with the appropriate State entity’’ after ‘‘data’’; 8 (2) in paragraph (6), by striking ‘‘; and’’ and 9 inserting ‘‘, such as how the eligible provider may 10 provide adult education and literacy activities in a 11 manner that is integrated with postsecondary prepa12 ration activities to enable students to prepare for op13 portunities to attain a recognized postsecondary cre14 dential;’’; 15 (3) by redesignating paragraph (7) as para16 graph (8); and 17 (4) by inserting after paragraph (6) the fol18 lowing: 19 ‘‘(7) a description of how the eligible provider 20 will provide learning in context, including through 21 partnerships with employers to offer workplace adult 22 education and literacy activities and integrated edu23 cation and training; and’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01403 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1404. 1404 1 SEC. 211. LOCAL ADMINISTRATIVE COST LIMITS. 2 Section 233(a) of the Workforce Innovation and Op3 portunity Act (29 U.S.C. 3323(a)) is amended— 4 (1) in paragraph (1), by striking ‘‘95’’ and in5 serting ‘‘85’’; and 6 (2) by striking paragraph (2) and inserting the 7 following: 8 ‘‘(2) the remaining amount— 9 ‘‘(A) not to exceed 10 percent, may be 10 used for professional development for adult edu11 cators; and 12 ‘‘(B) not to exceed 5 percent, shall be used 13 for planning, administration (including carrying 14 out the requirements of section 116), profes15 sional development of administrative staff, and 16 the activities described in paragraphs (3) and 17 (5) of section 232.’’. 18 SEC. 212. NATIONAL LEADERSHIP ACTIVITIES. 19 Section 242 of the Workforce Innovation and Oppor20 tunity Act (29 U.S.C. 3332) is amended— 21 (1) in subsection (b)(1), by striking ‘‘116;’’ and 22 inserting ‘‘116, including the dissemination of effec23 tive practices used by States to use statewide longi24 tudinal data systems or other sources of administra25 tive data to determine program performance and reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01404 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1405. 1405 1 duce the data collection and reporting burden on eli2 gible providers;’’; and 3 (2) in subsection (c)— 4 (A) in paragraph (1)— 5 (i) in subparagraph (A), by inserting 6 ‘‘including, where appropriate, the applica7 tion of the principles of universal design 8 for learning and’’ after ‘‘literacy activi9 ties,’’; 10 (ii) in subparagraph (B), by striking 11 ‘‘English language learners’’ and inserting 12 ‘‘English learners’’; and 13 (iii) in subparagraph (C), by inserting 14 ‘‘skills’’ after ‘‘digital literacy’’; and 15 (B) in paragraph (2)— 16 (i) in subparagraph (C)— 17 (I) in clause (i), by striking ‘‘rig18 orous research’’ and inserting ‘‘evi19 dence-based practices’’; and 20 (II) in clause (vii)— 21 (aa) in subclause (I), by 22 striking ‘‘adults with’’ and all 23 that follows through the semi24 colon and inserting ‘‘adults with 25 disabilities, including adults with VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01405 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1406. 1406 1 learning disabilities, and with 2 adults who are English learn3 ers;’’; 4 (bb) in subclause (III), by 5 striking ‘‘and’’ after the semi6 colon; 7 (cc) in subclause (IV), by in8 serting ‘‘and’’ after the semi9 colon; and 10 (dd) by adding at the end 11 the following: 12 ‘‘(V) programs that offer family 13 literacy activities;’’; 14 (ii) in subparagraph (F), by striking 15 ‘‘and’’ after the semicolon; 16 (iii) by redesignating subparagraph 17 (G) as subparagraph (J); and 18 (iv) by inserting after subparagraph 19 (F) the following: 20 ‘‘(G) developing and rigorously evaluating 21 programs for the preparation of effective adult 22 educators and disseminating the results of such 23 evaluations; 24 ‘‘(H) carrying out initiatives to support the 25 effectiveness and impact of adult education, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01406 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1407. 1407 1 that States may adopt on a voluntary basis, 2 through— 3 ‘‘(i) the development and dissemina4 tion of staffing models, which may include 5 full-time staffing models, that prioritize 6 demonstrated effectiveness and continuous 7 improvement in supporting the learning of 8 adult students; and 9 ‘‘(ii) the evaluation and improvement 10 of program quality standards and accredi11 tation requirements; 12 ‘‘(I) providing technical assistance to eligi13 ble agencies regarding effective professional de14 velopment for programs that offer adult edu15 cation and literacy activities or family literacy 16 activities; and’’. 17 SEC. 213. INTEGRATED ENGLISH LITERACY AND CIVICS 18 EDUCATION. 19 Section 243(c)(1) of the Workforce Innovation and 20 Opportunity Act (29 U.S.C. 3333(c)(1)) is amended by 21 striking ‘‘English language learners’’ and inserting 22 ‘‘English learners’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01407 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1408. 1408 1 TITLE III—AMENDMENTS TO 2 OTHER LAWS 3 SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT. 4 (a) DEFINITIONS.—Section 2(5) of the Wagner5 Peyser Act (29 U.S.C. 49a(5)) is amended by inserting 6 ‘‘the Commonwealth of the Northern Mariana Islands, 7 American Samoa,’’ after ‘‘Guam,’’. 8 (b) UNEMPLOYMENT COMPENSATION LAW REQUIRE9 MENT.—Section 5(b)(1) of the Wagner-Peyser Act (29 10 U.S.C. 49d(b)(1)) is amended by inserting ‘‘the Common11 wealth of the Northern Mariana Islands, or American 12 Samoa,’’ after ‘‘Guam,’’. 13 (c) ALLOTMENTS.—Section 6 of the Wagner-Peyser 14 Act (29 U.S.C. 49e) is amended— 15 (1) in subsection (a)— 16 (A) by striking ‘‘except for Guam’’ and in17 serting ‘‘except for Guam, the Commonwealth 18 of the Northern Mariana Islands, and American 19 Samoa’’; 20 (B) by striking ‘‘first allot to Guam and 21 the Virgin Islands’’ and inserting the following: 22 ‘‘first allot— 23 ‘‘(1) to Guam and the Virgin Islands’’; 24 (C) by striking the period at the end and 25 inserting ‘‘; and’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01408 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1409. 1409 1 (D) by adding at the end the following: 2 ‘‘(2) beginning with the first fiscal year for 3 which the total amount available for allotments 4 under this section is greater than the total amount 5 available for allotments under this section for fiscal 6 year 2024, and for each succeeding fiscal year, to 7 each of the Commonwealth of the Northern Mariana 8 Islands and American Samoa, an amount which is 9 equal to one-half of the amount allotted to Guam 10 under paragraph (1) for the corresponding fiscal 11 year.’’; and 12 (2) in subsection (b)(1), in the matter following 13 subparagraph (B), by inserting ‘‘, the Common14 wealth of the Northern Mariana Islands, American 15 Samoa,’’ after ‘‘Guam’’. 16 (d) USE OF FUNDS.—Section 7 of the Wagner17 Peyser Act (29 U.S.C. 49f) is amended— 18 (1) in subsection (a)(1), by striking ‘‘and refer19 ral to employers’’ and inserting ‘‘referral to employ20 ers, and the services described in section 21 134(c)(2)(A)(ii) of the Workforce Innovation and 22 Opportunity Act (29 U.S.C. 3174(c)(2)(A)(ii)) when 23 provided by the employment service office colocated 24 with the one-stop delivery system’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01409 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1410. 1410 1 (2) in subsection (e), by inserting before the pe2 riod at the end the following: ‘‘and in accordance 3 with the requirements of section 134(c)(2)(A)(i)(I) 4 of the Workforce Innovation and Opportunity Act 5 (29 U.S.C. 3174(c)(2)(A)(i)(I))’’. 6 (e) WORKFORCE AND LABOR MARKET INFORMATION 7 SYSTEM.—Section 15 of the Wagner-Peyser Act (29 8 U.S.C. 49l–2) is amended— 9 (1) in subsection (a)(1)— 10 (A) in subparagraph (A)— 11 (i) in the matter preceding clause (i), 12 by striking ‘‘timely manner’’ and inserting 13 ‘‘manner that is as close to real-time as 14 practicable’’; 15 (ii) in clause (i), by striking ‘‘part16 time, and seasonal workers’’ and inserting 17 ‘‘part-time, contingent, and seasonal work18 ers, and workers engaged in alternative 19 employment arrangements’’; 20 (iii) by redesignating clauses (iii) and 21 (iv) as clauses (iv) and (v), respectively; 22 and 23 (iv) by inserting after clause (ii), the 24 following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01410 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1411. 1411 1 ‘‘(iii) real-time trends in new and 2 emerging occupational roles, and in new 3 and emerging skills by occupation and in4 dustry, with particular attention paid to 5 State and local conditions;’’; 6 (B) in subparagraph (B)(i), by inserting 7 ‘‘(including, to the extent practicable, real8 time)’’ after ‘‘current’’; and 9 (C) in subparagraph (G), by striking 10 ‘‘user-friendly manner and’’ and inserting 11 ‘‘manner that makes the data, information, and 12 analysis available on-demand and is user-friend13 ly,’’; 14 (2) in subsection (b)(2)(F)— 15 (A) in clause (i), by striking ‘‘; and’’ and 16 inserting ‘‘(including, to the extent practicable, 17 provided in real time);’’; 18 (B) by redesignating clause (ii) as clause 19 (iii); and 20 (C) by inserting after clause (i), as so 21 amended, the following: 22 ‘‘(ii) the capabilities of digital tech23 nology and modern data collection ap24 proaches are effectively utilized; and’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01411 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1412. 1412 1 (3) in subsection (e)(2)(H), by striking ‘‘section 2 116(i)(2) of the Workforce Innovation and Oppor3 tunity Act’’ and inserting ‘‘section 116(j)(2) of the 4 Workforce Innovation and Opportunity Act’’; and 5 (4) by amending subsection (g) to read as fol6 lows: 7 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 8 is authorized to be appropriated to carry out this section 9 $64,532,600 for each of the fiscal years 2025 through 10 2030.’’. 11 SEC. 302. JOB TRAINING GRANTS. 12 Section 414(c) of the American Competitiveness and 13 Workforce Improvement Act of 1998 (29 U.S.C. 3224a) 14 is amended to read as follows: 15 ‘‘(c) JOB TRAINING GRANTS.— 16 ‘‘(1) ALLOTMENT.— 17 ‘‘(A) IN GENERAL.—Of the funds available 18 under section 286(s)(2) of the Immigration and 19 Nationality Act (8 U.S.C. 1356(s)(2)), the Sec20 retary of Labor shall, for each fiscal year— 21 ‘‘(i) return permanently 12 percent of 22 such amounts in each fiscal year to the 23 general fund of the Treasury; 24 ‘‘(ii) use $65,000,000 of such funds to 25 carry out the program established under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01412 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1413. 1413 1 section 173 of the Workforce Innovation 2 and Opportunity Act; and 3 ‘‘(iii) using the funds remaining after 4 carrying out clauses (i) and (ii), make al5 lotments to each State that receives an al6 lotment under section 132(b) of the Work7 force Innovation and Opportunity Act (29 8 U.S.C. 3172(b)) for the purpose of pro9 viding training services through individual 10 training accounts for eligible dislocated 11 workers as described in paragraph (2)(A). 12 ‘‘(B) RESERVATION; ALLOTMENT AMONG 13 STATES.— 14 ‘‘(i) RESERVATION.—From the 15 amount made available under subpara16 graph (A)(iii) for a fiscal year, the Secretary shall reserve not more than 1 17 ⁄4 of 1 18 percent of such amount to provide assist19 ance to the outlying areas for the purpose 20 described in paragraph (2)(A). 21 ‘‘(ii) ALLOTMENT AMONG STATES.— 22 Subject to clause (iii) of this subpara23 graph, the Secretary shall use the remain24 der of the amount made available under 25 subparagraph (A)(iii) (in this subparaVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01413 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1414. 1414 1 graph referred to as the ‘remainder 2 amount’) for a fiscal year to make allot3 ments to States described in subparagraph 4 (A)(iii) on the following basis: ‘‘(I) 33 and 1 5 ⁄3 percent shall be 6 allotted on the basis of the relative 7 number of unemployed individuals in 8 each such State, compared to the total 9 number of unemployed individuals in 10 all such States. ‘‘(II) 33 and 1 11 ⁄3 percent shall be 12 allotted on the basis of the relative 13 number of disadvantaged adults in 14 each such State, compared to the total 15 number of disadvantaged adults in all 16 such States. ‘‘(III) 33 and 1 17 ⁄3 percent shall be 18 allotted on the basis of the relative 19 number of individuals in the civilian 20 labor force in each such State, com21 pared to the total number in the civil22 ian labor force in all such States. 23 ‘‘(iii) SMALL STATE MINIMUM.—The 24 Secretary shall ensure that no State shall VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01414 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1415. 1415 1 receive an allotment under this subpara2 graph for a fiscal year that is less than— 3 ‘‘(I) in the case of a fiscal year 4 for which the remainder amount is not more than $180,000,000, 3 5 ⁄10 of 1 6 percent of such remainder amount; 7 and 8 ‘‘(II) in the case of a fiscal year 9 for which the remainder amount ex10 ceeds $180,000,000, the total of— ‘‘(aa) 3 11 ⁄10 of 1 percent of 12 $180,000,000; and ‘‘(bb) 2 13 ⁄5 of 1 percent of 14 such excess amount. 15 ‘‘(iv) DISADVANTAGED ADULT DE16 FINED.—For purposes of this subpara17 graph and subparagraph (C), the term 18 ‘disadvantaged adult’ has the meaning 19 given such term in section 20 132(b)(1)(B)(v)(IV) of the Workforce In21 novation and Opportunity Act (29 U.S.C. 22 3172(b)(1)(B)(v)(IV)). 23 ‘‘(v) REALLOTMENT.— 24 ‘‘(I) IN GENERAL.—The Sec25 retary of Labor shall, in accordance VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01415 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1416. 1416 1 with this clause, reallot to eligible 2 States amounts that are made avail3 able to States from allotments made 4 under this subparagraph (referred to 5 individually in this subsection as a 6 ‘State allotment’) and that are avail7 able for reallotment. 8 ‘‘(II) AMOUNT.—The amount 9 available for reallotment for a pro10 gram year is equal to the amount by 11 which the unobligated balance of the 12 State allotment, at the end of the pro13 gram year prior to the program year 14 for which the determination under 15 this subclause is made, exceeds 20 16 percent of such allotment for the prior 17 program year. 18 ‘‘(III) REALLOTMENT.—In mak19 ing reallotments to eligible States of 20 amounts available pursuant to sub21 clause (II) for a program year, the 22 Secretary shall allot to each eligible 23 State an amount based on the relative 24 amount of the State allotment for the 25 program year for which the deterVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01416 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1417. 1417 1 mination is made, as compared to the 2 total amount of the State allotments 3 for all eligible States for such pro4 gram year. 5 ‘‘(IV) ELIGIBILITY.—For pur6 poses of this subsection, an ‘eligible 7 State’ means a State that does not 8 have an amount available for reallot9 ment under subclause (II) for the pro10 gram year for which the determina11 tion under subclause (II) is made. 12 ‘‘(C) WITHIN STATE ALLOCATIONS.— 13 ‘‘(i) IN GENERAL.—The Governor 14 shall allocate the funds allotted to the 15 State under subparagraph (B) for a fiscal 16 year to the local areas in the State on the 17 following basis: ‘‘(I) 33 and 1 18 ⁄3 percent of the 19 funds on the basis described in sub20 paragraph (B)(ii)(I). ‘‘(II) 33 and 1 21 ⁄3 percent of the 22 funds on the basis described in sub23 paragraph (B)(ii)(II). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01417 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1418. 1418 ‘‘(III) 33 and 1 1 ⁄3 percent of the 2 funds on the basis described in sub3 paragraph (B)(ii)(III). 4 ‘‘(ii) APPLICATION.—For purposes of 5 carrying out clause (i)— 6 ‘‘(I) references in subparagraph 7 (B)(ii) to a State shall be deemed to 8 be references to a local area; and 9 ‘‘(II) references in subparagraph 10 (B)(ii) to all States shall be deemed to 11 be references to all local areas in the 12 State involved. 13 ‘‘(iii) REALLOCATION AMONG LOCAL 14 AREAS.— 15 ‘‘(I) IN GENERAL.—The Gov16 ernor may, in accordance with this 17 clause and after consultation with the 18 State board, reallocate to eligible local 19 areas within the State amounts that 20 are made available to local areas from 21 allocations made under this subpara22 graph (referred to individually in this 23 subsection as a ‘local allocation’) and 24 that are available for reallocation. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01418 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1419. 1419 1 ‘‘(II) AMOUNT.—The amount 2 available for reallocation for a pro3 gram year is equal to the amount by 4 which the unobligated balance of the 5 local allocation, at the end of the pro6 gram year prior to the program year 7 for which the determination under 8 this subclause is made, exceeds 20 9 percent of such allocation for the 10 prior program year. 11 ‘‘(III) REALLOCATION.—In mak12 ing reallocations to eligible local areas 13 of amounts available pursuant to sub14 clause (II) for a program year, the 15 Governor shall allocate to each eligible 16 local area within the State an amount 17 based on the relative amount of the 18 local allocation for the program year 19 for which the determination is made, 20 as compared to the total amount of 21 the local allocations for all eligible 22 local areas in the State for such pro23 gram year. 24 ‘‘(IV) ELIGIBILITY.—For pur25 poses of this subsection, an eligible VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01419 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1420. 1420 1 local area means a local area that 2 does not have an amount available for 3 reallotment under subclause (II) for 4 the program year for which the deter5 mination under subclause (II) is 6 made. 7 ‘‘(2) USE OF FUNDS.— 8 ‘‘(A) IN GENERAL.—Funds allocated pur9 suant to paragraph (1) to a local area shall be 10 used to pay, through the use of an individual 11 training account in accordance with section 12 134(c)(3)(F)(iii) of the Workforce Innovation 13 and Opportunity Act (29 U.S.C. 14 3174(c)(3)(F)(iii)), an eligible provider of train15 ing services from the list of eligible providers of 16 training services described in section 122(d) of 17 such Act (29 U.S.C. 3152(d)) for training serv18 ices provided to eligible dislocated workers in 19 the local area. 20 ‘‘(B) REQUIREMENTS FOR LOCAL 21 AREAS.—As a condition of receipt of funds 22 under paragraph (1), a local area shall agree to 23 each of the following: 24 ‘‘(i) REQUIRED NOTICE TO WORK25 ERS.—Prior to an eligible dislocated workVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01420 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1421. 1421 1 er selecting a program of training services 2 from the list of eligible providers of train3 ing services under section 122(d) of the 4 Workforce Innovation and Opportunity Act 5 (29 U.S.C. 3152(d)), the local area shall 6 inform such dislocated worker of any op7 portunities the dislocated worker may have 8 to participate in on-the-job training or em9 ployer-directed skills development funded 10 through such local area. 11 ‘‘(ii) AMOUNTS AVAILABLE.—Except 12 as provided in clause (iv)(II), a local 13 area— 14 ‘‘(I) may not limit the maximum 15 amount available for an individual 16 training account for an eligible dis17 located worker under subparagraph 18 (A) to an amount that is less than 19 $5,000; and 20 ‘‘(II) may not pay an amount, 21 through the use of an individual train22 ing account under subparagraph (A), 23 for training services provided to an el24 igible dislocated worker that exceeds 25 the costs of such services. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01421 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1422. 1422 1 ‘‘(iii) WIOA FUNDS.—A local area 2 may not use funds made available to the 3 local area for a fiscal year pursuant to sec4 tion 134(c)(1)(B) of the Workforce Innova5 tion and Opportunity Act (29 U.S.C. 6 3174(c)(1)(B)) to make payments under 7 subparagraph (A) until the funds allocated 8 to the local area pursuant to paragraph (1) 9 of this subsection for such fiscal year have 10 been exhausted. 11 ‘‘(iv) EXHAUSTION OF ALLOCA12 TIONS.—Upon the exhaustion of the funds 13 allocated to the local area pursuant to 14 paragraph (1) of this subsection, for the 15 purpose of paying, through the use of indi16 vidual training accounts under subpara17 graph (A), the costs of training services for 18 eligible dislocated workers in the local area 19 seeking such services, the local area— 20 ‘‘(I) shall use any funds made 21 available to the local area pursuant to 22 section 134(c)(1)(B) of the Workforce 23 Innovation and Opportunity Act (29 24 U.S.C. 3174(c)(1)(B)) to pay for such 25 costs under subparagraph (A) (other VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01422 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1423. 1423 1 than any costs that exceed the limit 2 set by the local area pursuant to 3 clause (ii) or subclause (II)); and 4 ‘‘(II) for any eligible dislocated 5 worker who is not a low-income indi6 vidual, may limit the maximum 7 amount available for the individual 8 training account under subparagraph 9 (A) for such worker to an amount 10 that is less than $5,000. 11 ‘‘(3) ELIGIBLE DISLOCATED WORKER.—A dis12 located worker shall be an eligible dislocated worker 13 for purposes of this subsection if the dislocated 14 worker— 15 ‘‘(A) meets the requirements under section 16 134(c)(3)(A)(i) of the Workforce Innovation 17 and Opportunity Act (29 U.S.C. 18 3174(c)(3)(A)(i)) to be eligible for training 19 services; and 20 ‘‘(B) has not received training services 21 through an individual training account under 22 this subsection or under section 23 134(c)(3)(F)(iii) of the Workforce Innovation 24 and Opportunity Act (29 U.S.C. 25 3174(c)(3)(F)(iii)) during the preceding 5-year VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01423 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1424. 1424 1 period or, if such a worker has received such 2 training services during such period, the worker 3 has been granted an exception by the local area 4 due to an exceptional circumstance, as deter5 mined by the local area. 6 ‘‘(4) EXCESS DEMAND.—Upon the exhaustion 7 of the funds allocated to a local area pursuant to 8 paragraph (1) of this subsection and any funds that 9 may be available to such local area pursuant to sec10 tion 134(c)(1)(B) of the Workforce Innovation and 11 Opportunity Act (29 U.S.C. 3174(c)(1)(B)) for the 12 purpose described in paragraph (2)(A) of this sub13 section, the local area— 14 ‘‘(A) may request additional funds for such 15 purpose from the Governor under section 16 134(a)(2)(A)(i)(III) of the Workforce Innova17 tion and Opportunity Act (29 U.S.C. 18 3174(a)(2)(A)(i)(III)); and 19 ‘‘(B) shall not be required to pay for train20 ing services or establish an individual training 21 account for an eligible dislocated worker. 22 ‘‘(5) DEFINITIONS.—Except as otherwise speci23 fied, a term used in this subsection shall have the 24 meaning given such term in section 3 of the WorkVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01424 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1425. 1425 1 force Innovation and Opportunity Act (29 U.S.C. 2 3102). 3 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in 4 this subsection shall be construed to provide an indi5 vidual with an entitlement to a service under this 6 subsection or under title I of the Workforce Innova7 tion and Opportunity Act (29 U.S.C. 3111 et seq.) 8 or to mandate a State or local area to provide a 9 service if Federal funds are not available for such 10 service.’’. 11 SEC. 303. ACCESS TO NATIONAL DIRECTORY OF NEW 12 HIRES. 13 Section 453(j)(8) of the Social Security Act (42 14 U.S.C. 653(j)(8)) is amended— 15 (1) in subparagraph (A)— 16 (A) by inserting ‘‘or conducting the report17 ing and evaluation activities required under sec18 tion 116 of the Workforce Innovation and Op19 portunity Act (29 U.S.C. 3141)’’ after ‘‘State 20 law’’; and 21 (B) by striking ‘‘such program’’ and in22 serting ‘‘such programs’’; and 23 (2) in subparagraph (C)(i), by striking ‘‘pur24 poses of administering a program referred to’’ and 25 inserting ‘‘the purposes specified’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01425 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1426. 1426 1 SEC. 304. REFERENCES TO OTHER LAWS. 2 (a) REFERENCES TO PROVISIONS OF THE WORK3 FORCE INNOVATION AND OPPORTUNITY ACT.— 4 (1) Section 8041(g)(2)(C) of the SUPPORT for 5 Patients and Communities Act (29 U.S.C. 6 3225a(g)(2)(C)) is amended by striking ‘‘section 7 172(f) of such Act (29 U.S.C. 3227(f))’’ and insert8 ing ‘‘section 175(h) of such Act (29 U.S.C. 9 3227(h))’’. 10 (2) Section 60302(23) of the Digital Equity Act 11 of 2021 (47 U.S.C. 1721(23)) is amended by strik12 ing ‘‘section 3(66) of the Workforce Innovation and 13 Opportunity Act (29 U.S.C. 3102(66))’’ and insert14 ing ‘‘section 3 of the Workforce Innovation and Op15 portunity Act (29 U.S.C. 3102)’’. 16 (b) RELATED PROVISIONS.— 17 (1) Section 286(s)(2) of the Immigration and 18 Nationality Act (8 U.S.C. 1356(s)(2)) is amended by 19 striking ‘‘demonstration programs and projects’’ and 20 inserting ‘‘the programs, activities, and uses’’. 21 (2) Section 1154 of title 10, United States 22 Code, is amended— 23 (A) in paragraphs (2)(C) and (3)(D) of 24 subsection (a), by striking ‘‘Job Corps center as 25 defined’’ and inserting ‘‘Job Corps campus as 26 described’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01426 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1427. 1427 1 (B) in subsection (d)(4)(A)(ii), by striking 2 ‘‘Job Corps centers’’ and inserting ‘‘Job Corps 3 campuses’’; and 4 (C) in subsection (e)(2)(E), by striking 5 ‘‘Job Corps center’’ and inserting ‘‘Job Corps 6 campus’’. 7 (3) Section 7102(c) of the SUPPORT for Pa8 tients and Communities Act (42 U.S.C. 290bb– 9 7a(c)) is amended— 10 (A) in paragraph (2)(I), by striking ‘‘(I)’’ 11 and all that follows through ‘‘meaning’’, and in12 serting the following: 13 ‘‘(I) OPPORTUNITY YOUTH.—The term 14 ‘opportunity youth’ has the meaning’’; and 15 (B) in paragraph (3)(A), by striking ‘‘out16 of-school’’ and inserting ‘‘opportunity’’. 17 TITLE IV—DEPARTMENT OF 18 LABOR TECHNICAL ASSISTANCE 19 SEC. 401. TECHNICAL ASSISTANCE FOR TRANSFORMING TO 20 COMPETITIVE INTEGRATED EMPLOYMENT. 21 (a) IN GENERAL.—From the amounts appropriated 22 under subsection (c), the Secretary (acting through the 23 Office of Disability Employment Policy in partnership 24 with the Employment and Training Administration), in 25 partnership with the Administration for Community LivVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01427 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1428. 1428 1 ing of the Department of Health and Human Services and 2 the Office of Special Education and Rehabilitative Serv3 ices of the Department of Education, shall establish a 4 Center for Technical Assistance for Transforming to Com5 petitive Integrated Employment to— 6 (1) provide technical assistance to employers 7 who are transitioning from employing individuals 8 with disabilities using special certificates on such 9 transition, which shall include technical assistance 10 on providing services that result in competitive inte11 grated employment; 12 (2) provide technical assistance to State agen13 cies seeking to support such employers described in 14 paragraph (1) on such transition described in para15 graph (1) on coordination and alignment of services 16 and funding in support of such transition, including 17 technical assistance on how such services and fund18 ing can result in competitive integrated employment; 19 (3) in providing the technical assistance de20 scribing in paragraphs (1) and (2), coordinate such 21 technical assistance with education materials and op22 portunities made available through existing technical 23 assistance provided by— 24 (A) the Office of Disability Employment 25 Policy; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01428 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1429. 1429 1 (B) the Employment and Training Admin2 istration; 3 (C) the Administration for Community 4 Living of the Department of Health and 5 Human Services; and 6 (D) the Office of Special Education and 7 Rehabilitative Services of the Department of 8 Education; and 9 (4) in providing the technical assistance de10 scribed in paragraphs (1) and (2), make use of tech11 nical assistance that is in existence on the date of 12 enactment of this Act, including the CIE Trans13 formation Hub, the Advancing State Policy Integra14 tion for Recovery and Employment Initiative, and 15 the National Expansion of Employment Opportuni16 ties Network. 17 (b) DEFINITIONS.—In this section: 18 (1) COMPETITIVE INTEGRATED EMPLOY19 MENT.—The term ‘‘competitive integrated employ20 ment’’ has the meaning given the term in section 21 7(5) of the Rehabilitation Act of 1973 (29 U.S.C. 22 705(5)). 23 (2) DISABILITY.—The term ‘‘disability’’ in24 cludes any intellectual, developmental, mental health, 25 or other disability. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01429 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1430. 1430 1 (3) INDIVIDUALS WITH DISABILITIES.—The 2 term ‘‘individuals with disabilities’’ means individ3 uals described in section 14(c)(1) of the Fair Labor 4 Standards Act of 1938 (29 U.S.C. 214(c)(1)). 5 (4) SECRETARY.—The term ‘‘Secretary’’ means 6 the Secretary of Labor. 7 (5) SPECIAL CERTIFICATE.—The term ‘‘special 8 certificate’’ means a special certificate issued under 9 section 14(c) of the Fair Labor Standards Act of 10 1938 (29 U.S.C. 214(c)). 11 (6) STATE.—The term ‘‘State’’ means each of 12 the 50 States, the District of Columbia, the Com13 monwealth of Puerto Rico, and the territory of 14 Guam. 15 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 16 authorized to be appropriated to carry out this section, 17 $10,000,000 for each of fiscal years 2025 through 2030. 18 TITLE V—GENERAL PROVISIONS 19 SEC. 501. REPORT ON DATA CAPABILITY AND INTEROPER20 ABILITY OF FEDERAL AND STATE DATABASES 21 AND DATA EXCHANGE AGREEMENTS. 22 The Workforce Innovation and Opportunity Act (29 23 U.S.C. 3101 et seq.) is amended by striking section 505 24 and inserting the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01430 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1431. 1431 1 ‘‘SEC. 505. REPORT ON DATA CAPABILITY AND INTEROPER2 ABILITY OF FEDERAL AND STATE DATABASES 3 AND DATA EXCHANGE AGREEMENTS. 4 ‘‘(a) IN GENERAL.—The Comptroller General of the 5 United States shall prepare and submit an interim report 6 and a final report to Congress regarding existing Federal 7 and State databases and data exchange agreements, as of 8 the date of the report, and the interoperability of data in 9 such databases and agreements, that contain job training 10 information relevant to the administration of programs 11 authorized under this Act (as amended by the A Stronger 12 Workforce for America Act) and the amendments made 13 by this Act (as so amended). 14 ‘‘(b) REQUIREMENTS.—The report required under 15 subsection (a) shall— 16 ‘‘(1) list existing Federal and State databases 17 and data exchange agreements described in sub18 section (a) and, for each, describe— 19 ‘‘(A) the purposes of the database or 20 agreement; 21 ‘‘(B) the data elements, such as wage and 22 employment outcomes, contained in the data23 base or accessible under the agreement; 24 ‘‘(C) the data elements described in sub25 paragraph (B) that are shared between States; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01431 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1432. 1432 1 ‘‘(D) the Federal and State workforce 2 training programs from which each Federal and 3 State database derives the data elements de4 scribed in subparagraph (B); 5 ‘‘(E) the number and type of common data 6 elements across such databases and data ex7 change agreements; 8 ‘‘(F) the number and type of Federal and 9 State agencies having access to such data; 10 ‘‘(G) the number and type of private re11 search organizations having access to, through 12 grants, contracts, or other agreements, such 13 data; 14 ‘‘(H) whether the database or data ex15 change agreement provides for opt-out proce16 dures for individuals whose data is shared 17 through the database or data exchange agree18 ment; and 19 ‘‘(I) the volume of data being shared and 20 applied to improve performance accountability 21 and effectiveness of programs under this Act; 22 ‘‘(2) study the effects that access by State 23 workforce agencies and the Secretary of Labor to 24 the databases and data exchange agreements de25 scribed in subsection (a) would have on efforts to VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01432 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1433. 1433 1 carry out this Act and the amendments made by this 2 Act, and on individual privacy; 3 ‘‘(3) explore opportunities to enhance— 4 ‘‘(A) the quality, reliability, timeliness, and 5 reporting frequency of the data included in such 6 databases and data exchange agreements; and 7 ‘‘(B) the commonality and interoperability 8 of data elements included in such databases and 9 data exchange agreements; 10 ‘‘(4) describe, for each database or data ex11 change agreement considered by the study described 12 in subsection (a), the number of individuals whose 13 data is contained in each database or accessible 14 through the data agreement, and the specific data 15 elements contained in each that could be used to 16 personally identify an individual; 17 ‘‘(5) include the number of data breaches hav18 ing occurred since 2014 to data systems adminis19 tered by Federal and State agencies; 20 ‘‘(6) include the number of data breaches re21 garding any type of personal data having occurred 22 since 2014 to private research organizations with 23 whom Federal and State agencies contract for stud24 ies; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01433 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1434. 1434 1 ‘‘(7) include a survey of the security protocols 2 used for protecting personal data, including best 3 practices shared amongst States for access to, and 4 administration of, data elements stored and rec5 ommendations for improving security protocols for 6 the safe warehousing of data elements; 7 ‘‘(8) include an evaluation of the State wage 8 interchange system developed by the Department of 9 Labor and report on the effectiveness of the system 10 in facilitating data exchange between State agencies 11 for the purpose of assessing and reporting on State 12 and local performance for the programs authorized 13 under this Act; 14 ‘‘(9) include an assessment of the feasibility, 15 costs, and potential impacts of establishing federally16 designated, transparent, interoperable, and non17 proprietary data exchange standards using human 18 readable and machine actionable data formats for 19 necessary categories of information that a State 20 agency operating a program under this Act may re21 ceive through each database or data exchange agree22 ment described in subsection (a); 23 ‘‘(10) include a survey of— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01434 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1435. 1435 1 ‘‘(A) customer service and outcome man2 agement systems utilized by States for pro3 grams under each title of this Act; 4 ‘‘(B) the level of interoperability (if any) of 5 such systems; 6 ‘‘(C) whether any State has successfully 7 connected such a system serving a program 8 under a title of this Act with such a system 9 serving a program under another title of this 10 Act; and 11 ‘‘(D) the benefits achieved through any 12 such connection; and 13 ‘‘(11) describe the most significant develop14 ments and advancements pertaining to Federal and 15 State databases and data exchange agreements de16 scribed in subsection (a) since the final report was 17 submitted by the Comptroller General to Congress 18 under this section, as in effect on the day before the 19 date of enactment of the A Stronger Workforce for 20 America Act. 21 ‘‘(c) TIMING OF REPORTS.— 22 ‘‘(1) INTERIM REPORT.—Not later than 18 23 months after the date of enactment of the A Strong24 er Workforce for America Act, the Comptroller Gen25 eral shall prepare and submit to Congress an interim VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01435 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1436. 1436 1 report regarding the initial findings of the report re2 quired under this section. 3 ‘‘(2) FINAL REPORT.—Not later than 2 years 4 after the date of enactment of the A Stronger Work5 force for America Act, the Comptroller General shall 6 prepare and submit to Congress the final report re7 quired under this section.’’. 8 SEC. 502. EFFECTIVE DATES; TRANSITION AUTHORITY. 9 (a) EFFECTIVE DATES.— 10 (1) IN GENERAL.—This division, and the 11 amendments made by this division, shall take effect 12 on the first day of the first full program year after 13 the date of enactment of this Act, except as other14 wise provided in this division. 15 (2) PERFORMANCE ACCOUNTABILITY SYS16 TEM.—The amendments made to section 116 of the 17 Workforce Innovation and Opportunity Act (29 18 U.S.C. 3141) by this division shall take effect on the 19 first day of the second full program year after the 20 date of enactment of this Act, except that— 21 (A) the amendments to clauses (iii) 22 through (v) of subsection (b)(3)(A) of that sec23 tion 116 shall take effect on January 1, 2026; 24 and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01436 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1437. 1437 1 (B) the amendment to paragraph (1) of 2 subsection (d) of that section 116, the amend3 ments to subsections (i) and (j) of that section 4 116 that are made by section 119(g) of this di5 vision, and the amendment to subsection (k) of 6 that section 116, shall take effect on the day 7 that is 1 year after the date of enactment of 8 this Act. 9 (3) ONE-STOP DELIVERY SYSTEM.—The amend10 ments made to section 121 of the Workforce Innova11 tion and Opportunity Act (29 U.S.C. 3151) by this 12 division shall take effect on the first day of the sec13 ond full program year after the date of enactment 14 of this Act. 15 (4) YOUTH WORKFORCE INVESTMENT ACTIVI16 TIES.—The amendments made to section 129 of the 17 Workforce Innovation and Opportunity Act (29 18 U.S.C. 3164) by this division shall take effect on the 19 first day of the second full program year after the 20 date of enactment of this Act. 21 (5) ADULT AND DISLOCATED WORKER ACTIVI22 TIES.—The amendments made to section 134 of the 23 Workforce Innovation and Opportunity Act (29 24 U.S.C. 3174) by this division shall take effect on the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01437 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1438. 1438 1 first day of the second full program year after the 2 date of enactment of this Act. 3 (6) JOB CORPS MANAGEMENT INFORMATION 4 REQUIREMENTS.—The amendments made to section 5 159 of the Workforce Innovation and Opportunity 6 Act (29 U.S.C. 3209) by this division shall take ef7 fect on the first day of the second full program year 8 after the date of enactment of this Act. 9 (b) TRANSITION AUTHORITY.— 10 (1) IN GENERAL.—Pursuant to section 503(a) 11 of the Workforce Innovation and Opportunity Act 12 (29 U.S.C. 3343(a)), the Secretary of Labor and the 13 Secretary of Education shall, effective on the date of 14 enactment of this Act, have the authority to take 15 such steps as are necessary to provide for the or16 derly implementation of the amendments to the 17 Workforce Innovation and Opportunity Act (29 18 U.S.C. 3101 et seq.) by this division, including ad19 dressing cross references to provisions specified in 20 subparagraphs (A) and (B) of subsection (a)(2). 21 (2) TERMINATION.—The authority described in 22 paragraph (1) shall terminate on the first day of the 23 second full program year after the date of enactment 24 of this Act. 25 (c) TRANSITION PERIOD FOR IMPLEMENTATION.— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01438 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1439. 1439 1 (1) ELIGIBLE PROVIDERS OF TRAINING SERV2 ICES.—Each Governor and local board shall imple3 ment the requirements of section 122 of the Work4 force Innovation and Opportunity Act (29 U.S.C. 5 3152), as amended by this division, not later than 6 the first day of the second full program year after 7 the date of enactment of this Act. In order to facili8 tate early implementation of that section 122, the 9 Governor may establish transition procedures under 10 which eligible providers of training services under 11 chapter 1 of subtitle B of title I of the Workforce 12 Innovation and Opportunity Act (29 U.S.C. 3151 et 13 seq.), as such chapter was in effect on the day be14 fore the date of enactment of this Act, may continue 15 to be eligible to provide such services until December 16 31, 2026, or until such earlier date as the Governor 17 determines to be appropriate. 18 (2) STATE PLANS AND LOCAL PLANS.— 19 (A) MODIFICATION OF PLANS.—Not later 20 than the first day of the second full program 21 year after the date of enactment of this Act— 22 (i) each Governor of a State shall sub23 mit to the Secretary of Labor any modi24 fications to the State plan in effect for 25 such State that are necessary for the State VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01439 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1440. 1440 1 plan to comply with the amendments made 2 by this division to section 102 of the Work3 force Innovation and Opportunity Act (29 4 U.S.C. 3112); and 5 (ii) each local board shall submit to 6 the Governor of a State any modifications 7 to the local plan in effect for the local area 8 served by the local board that are nec9 essary for the local plan to comply with the 10 amendments made by this division to sec11 tion 108 of the Workforce Innovation and 12 Opportunity Act (29 U.S.C. 3123). 13 (B) NEW PLANS.—Not later than the first 14 day of the fourth full program year after the 15 date of enactment of this Act— 16 (i) each Governor of a State shall sub17 mit to the Secretary of Labor a new State 18 plan for such State that complies with the 19 requirements of section 102 of the Work20 force Innovation and Opportunity Act (29 21 U.S.C. 3112), as amended by this division; 22 and 23 (ii) each local board shall submit to 24 the Governor of a State a new local plan 25 for the local area served by the local board VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01440 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1441. 1441 1 that complies with the requirements of sec2 tion 108 of the Workforce Innovation and 3 Opportunity Act (29 U.S.C. 3123), as 4 amended by this division. 5 (3) DEFINITIONS.—In this subsection, the 6 terms ‘‘local board’’, ‘‘local plan’’, ‘‘State’’, ‘‘State 7 plan’’, and ‘‘training services’’ have the meanings 8 given the terms in section 3 of the Workforce Inno9 vation and Opportunity Act (29 U.S.C. 3102). 10 (d) CONFORMING AMENDMENTS.— 11 (1) REPEAL.—Subsections (a) through (e) of 12 section 503 of the Workforce Innovation and Oppor13 tunity Act (29 U.S.C. 3343) are repealed. 14 (2) REGULATIONS.—Section 503 of such Act is 15 amended— 16 (A) by redesignating subsections (f) and 17 (g) as subsections (a) and (b), respectively; 18 (B) by amending subsection (a) to read as 19 follows: 20 ‘‘(a) REGULATIONS.— 21 ‘‘(1) PROPOSED REGULATIONS.—Not later than 22 180 days after the date of enactment of the A 23 Stronger Workforce for America Act, the Secretary 24 of Labor, and the Secretary of Education, as appro25 priate, shall develop and publish in the Federal RegVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01441 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1442. 1442 1 ister proposed regulations relating to the transition 2 to, and implementation of, the A Stronger Work3 force for America Act, including the amendments to 4 this Act made by the A Stronger Workforce for 5 America Act. 6 ‘‘(2) FINAL REGULATIONS.—Not later than 12 7 months after the date of enactment of the A Strong8 er Workforce for America Act, the Secretaries de9 scribed in paragraph (1), as appropriate, shall de10 velop and publish in the Federal Register final regu11 lations relating to the transition to, and implementa12 tion of, the A Stronger Workforce for America Act, 13 including the amendments to this Act made by the 14 A Stronger Workforce for America Act.’’; and 15 (C) in subsection (b), as so redesignated, 16 by striking ‘‘subsection (f)’’ and inserting ‘‘sub17 section (a)’’. 18 (3) EFFECTIVE DATE.—The amendments made 19 by this subsection shall take effect on the date of en20 actment of this Act. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01442 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1443. 1443 1 DIVISION G—OLDER AMERICANS 2 ACT REAUTHORIZATION ACT 3 OF 2024 4 SEC. 1. SHORT TITLE. 5 This division may be cited as the ‘‘Older Americans 6 Act Reauthorization Act of 2024’’. 7 SEC. 2. TABLE OF CONTENTS. 8 The table of contents for this division is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Definitions. TITLE I—STRENGTHENING THE AGING NETWORK TO MEET THE NEEDS OF OLDER INDIVIDUALS Sec. 101. Declaration of objectives. Sec. 102. Addressing mental health and substance use disorders and cognitive impairments of older individuals. Sec. 103. List of national resource centers. Sec. 104. Awareness of relevant Federal programs. Sec. 105. Evaluations and surveys. Sec. 106. Contracting. Sec. 107. Guidance on reallocation of funding between area agencies on aging. Sec. 108. Right to first refusal. Sec. 109. Area agency on aging capabilities. Sec. 110. Supporting older individuals with disabilities through improved coordination. Sec. 111. Business acumen, fiscal training, and technical assistance. Sec. 112. Enhancing access to assistive technology. Sec. 113. White House Conference on Aging. Sec. 114. Technical amendments. TITLE II—IMPROVING HEALTH OUTCOMES AND ENCOURAGING INDEPENDENCE FOR OLDER INDIVIDUALS Sec. 201. Disease prevention and health promotion services. Sec. 202. Improving health outcomes. Sec. 203. Technical assistance on evidence-based programs. Sec. 204. Enhancing multipurpose senior centers. Sec. 205. Addressing home modifications. Sec. 206. National resource center for engaging older adults. Sec. 207. Multigenerational and civic engagement activities. Sec. 208. Report relating to health outcomes for older individuals living with or near family members. Sec. 209. Improving broadband coordination and reducing social isolation. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01443 Fmt 6652 Sfmt 6211 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1444. 1444 TITLE III—ENHANCING INNOVATION AND FLEXIBILITY IN NUTRITION SERVICES Sec. 301. Medically tailored meals. Sec. 302. Grab-and-go meals. Sec. 303. GAO study on Nutrition Services Incentive Program. Sec. 304. Innovations in nutrition programs and services. TITLE IV—SUPPORTING FAMILY CAREGIVERS Sec. 401. Improving the National Family Caregiver Support Program. Sec. 402. Emphasizing respite care. Sec. 403. Clarifying supportive services. Sec. 404. Direct care workforce resource center. Sec. 405. Supporting Grandparents Raising Grandchildren Act. Sec. 406. RAISE Family Caregivers Act. TITLE V—COMMUNITY SERVICE SENIOR OPPORTUNITIES ACT Sec. 501. Improving the Community Service Employment Program. Sec. 502. GAO report on alignment within the Community Service Employment Program. TITLE VI—IMPROVING SERVICES FOR NATIVE ELDERS Sec. 601. Older Americans Tribal Advisory Committee. Sec. 602. Supportive services; set aside. Sec. 603. GAO report on Tribal services. Sec. 604. Technical amendments. TITLE VII—STRENGTHENING THE LONG-TERM CARE OMBUDSMAN PROGRAMS AND ELDER ABUSE PREVENTION Sec. 701. Director of the Office of Long-Term Care Ombudsman Programs. Sec. 702. Legal assistance training resources relating to elder abuse prevention. Sec. 703. Improving training of volunteers under the State Long-Term Care Ombudsman Program. Sec. 704. Reporting on State Long-Term Care Ombudsman Programs. Sec. 705. Study on State Long-Term Care Ombudsman Programs. TITLE VIII—AUTHORIZATIONS OF APPROPRIATIONS Sec. 801. Administration on Aging. Sec. 802. Grants for State and community programs on aging. Sec. 803. Activities for health, independence, and longevity. Sec. 804. Community Service Senior Opportunities Act. Sec. 805. Grants for Native Americans. Sec. 806. Allotments for elder rights protection activities. 1 SEC. 3. REFERENCES. 2 Except as otherwise expressly provided in this divi3 sion, wherever in this division an amendment or repeal is 4 expressed in terms of an amendment to, or a repeal of, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01444 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1445. 1445 1 a section or other provision, the reference shall be consid2 ered to be made to that section or other provision of the 3 Older Americans Act of 1965 (42 U.S.C. 3001 et seq.). 4 SEC. 4. DEFINITIONS. 5 In this division, the terms ‘‘area agency on aging’’, 6 ‘‘Assistant Secretary’’, ‘‘older individual’’, and ‘‘Sec7 retary’’ have the meanings given such terms in section 102 8 of the Older Americans Act of 1965 (42 U.S.C. 3002). 9 TITLE I—STRENGTHENING THE 10 AGING NETWORK TO MEET 11 THE NEEDS OF OLDER INDI12 VIDUALS 13 SEC. 101. DECLARATION OF OBJECTIVES. 14 Section 101 (42 U.S.C. 3001) is amended— 15 (1) in the matter preceding paragraph (1), by 16 striking ‘‘of the following objectives:’’ and inserting 17 ‘‘of the objectives of—’’; 18 (2) in each of paragraphs (1) through (10), by 19 amending the first word so that it begins with a low20 ercase letter; 21 (3) in each of paragraphs (1) through (8), by 22 striking the period at the end and inserting a semi23 colon; 24 (4) in each of paragraphs (9) and (10), by 25 striking the period at the end and inserting ‘‘; and’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01445 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1446. 1446 1 (5) in paragraph (2), by inserting ‘‘to improve 2 health outcomes and reduce health care expendi3 tures’’ after ‘‘economic status’’; 4 (6) by redesignating paragraphs (1) through 5 (10) as subparagraphs (A) through (J), respectively, 6 and adjusting the margins accordingly; 7 (7) in the matter preceding subparagraph (A) 8 (as so redesignated), by striking ‘‘our democratic so9 ciety, the older people’’ and inserting the following: 10 ‘‘our democratic society— 11 ‘‘(1) the older people’’; and 12 (8) by adding at the end the following: 13 ‘‘(2) the families of older individuals and com14 munity-based organizations, including faith-based or15 ganizations, also play a vital role in supporting and 16 honoring older individuals and their happiness, dig17 nity, and independence.’’. 18 SEC. 102. ADDRESSING MENTAL HEALTH AND SUBSTANCE 19 USE DISORDERS AND COGNITIVE IMPAIR20 MENTS OF OLDER INDIVIDUALS. 21 Section 201(f) (42 U.S.C. 3011(f)) is amended to 22 read as follows: 23 ‘‘(f)(1) The Assistant Secretary may designate an of24 ficer or employee who shall be responsible for the adminis25 tration of services for mental health and substance use VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01446 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1447. 1447 1 disorders and cognitive impairments authorized under this 2 Act and serve as an effective and visible advocate for the 3 related needs of older individuals within the Department 4 of Health and Human Services, including by ensuring that 5 relevant information disseminated and research conducted 6 or supported by the Department takes into consideration 7 such services. 8 ‘‘(2) It shall be the duty of the Assistant Secretary, 9 acting through the individual designated under paragraph 10 (1), and in consultation with the heads of relevant agen11 cies within the Department of Health and Human Serv12 ices, including the Substance Abuse and Mental Health 13 Services Administration, to develop objectives, priorities, 14 and a long-term plan for supporting State and local efforts 15 under this Act involving education about, and prevention, 16 detection, and treatment of, mental health and substance 17 use disorders and cognitive impairments, including age-re18 lated dementia, depression, and Alzheimer’s disease and 19 related neurological disorders with neurological and or20 ganic brain dysfunction. 21 ‘‘(3) Not later than 2 years after the date of enact22 ment of the Older Americans Act Reauthorization Act of 23 2024, the Assistant Secretary shall report to the Com24 mittee on Health, Education, Labor, and Pensions of the 25 Senate, the Special Committee on Aging of the Senate, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01447 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1448. 1448 1 and the Committee on Education and the Workforce of 2 the House of Representatives on the activities of the offi3 cer or employee designated under paragraph (1) in car4 rying out the requirements under this subsection, includ5 ing any activities to identify and reduce duplication and 6 gaps across the Department in such information dissemi7 nated and research conducted or supported by the Depart8 ment.’’. 9 SEC. 103. LIST OF NATIONAL RESOURCE CENTERS. 10 Section 202 (42 U.S.C. 3012) is amended— 11 (1) in subsection (d)(4), by striking ‘‘Resource 12 Center on Elder Abuse’’ and inserting ‘‘Center’’; and 13 (2) by striking subsection (h) and inserting the 14 following: 15 ‘‘(h)(1) The Assistant Secretary shall publish online 16 in a publicly accessible format, on an annual basis, a list 17 of national resource centers and demonstration projects 18 authorized under, or administratively established through 19 funds provided under, this Act. 20 ‘‘(2) The Assistant Secretary shall ensure that the 21 list published pursuant to paragraph (1)— 22 ‘‘(A) includes— 23 ‘‘(i) a description of each such center and dem24 onstration project, including the projected goals and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01448 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1449. 1449 1 activities of each such center and demonstration 2 project; 3 ‘‘(ii) a citation to the statutory authorization of 4 each such center and demonstration project, or a ci5 tation to the statutory authority that the Assistant 6 Secretary relies upon to administratively establish 7 each such center and demonstration project; 8 ‘‘(iii) the award amount for each such center 9 and demonstration project; and 10 ‘‘(iv) a summary of any evaluations required 11 under this Act for each such center, including a de12 scription of any measures of effectiveness; and 13 ‘‘(B) is directly provided to State agencies, area agen14 cies on aging, and the Committee on Health, Education, 15 Labor, and Pensions and the Special Committee on Aging 16 of the Senate and the Committee on Education and the 17 Workforce of the House of Representatives.’’. 18 SEC. 104. AWARENESS OF RELEVANT FEDERAL PROGRAMS. 19 Title II (42 U.S.C. 3011 et seq.) is amended by in20 serting after section 203A (42 U.S.C. 3013a) the fol21 lowing: 22 ‘‘SEC. 203B. AWARENESS OF RELEVANT FEDERAL PRO23 GRAMS. 24 ‘‘In carrying out section 203(a)(1), the Assistant Sec25 retary shall coordinate with the heads of relevant Federal VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01449 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1450. 1450 1 departments and agencies to ensure that the aging net2 work and individuals served under this Act are aware of, 3 and, subject to applicable eligibility criteria, have access 4 to, Federal programs that may advance the objectives of 5 this Act, including programs described in section 203(b) 6 and other programs to meet housing, health care, and 7 other supportive service needs to help such individuals age 8 in place.’’. 9 SEC. 105. EVALUATIONS AND SURVEYS. 10 Section 206 (42 U.S.C. 3017) is amended— 11 (1) by striking subsection (d) and inserting the 12 following: 13 ‘‘(d)(1) In carrying out evaluations under this sec14 tion, the Secretary shall— 15 ‘‘(A) award grants to, or enter into contracts with, 16 public or nonprofit private organizations or academic or 17 research institutions to survey State agencies, area agen18 cies on aging, and other program and project participants 19 about the strengths and weaknesses of the programs and 20 projects; and 21 ‘‘(B) conduct, where appropriate, evaluations that 22 compare the effectiveness of related programs in achieving 23 common objectives. 24 ‘‘(2) The surveys and evaluations under paragraph 25 (1) shall include information on programs, services, use VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01450 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1451. 1451 1 and sources of funding (including any transfer of funding 2 between area agencies on aging), identified unmet need 3 for services and related indicators, and any other chal4 lenges faced by State agencies and area agencies on aging 5 in carrying out the activities of this Act. 6 ‘‘(3) The Secretary shall, in carrying out the evalua7 tions under paragraph (1), consult with organizations con8 cerned with older individuals, including organizations that 9 represent minority individuals, older individuals residing 10 in rural areas, and older individuals with disabilities.’’; 11 and 12 (2) in subsection (g), by striking ‘‘him’’ and in13 serting ‘‘the Secretary’’. 14 SEC. 106. CONTRACTING. 15 (a) IN GENERAL.—Section 212 (42 U.S.C. 3020c) is 16 amended— 17 (1) in the section heading, by striking ‘‘AND 18 GRANT AUTHORITY’’; 19 (2) by striking subsection (a) and inserting the 20 following: 21 ‘‘(a) IN GENERAL.—Subject to subsection (b), this 22 Act shall not be construed to prevent a recipient of a grant 23 or a contract under this Act (other than title V) from en24 tering into a contract, commercial relationship, or other 25 business arrangement (referred to in this section as an VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01451 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1452. 1452 1 ‘agreement’) with a profitmaking organization for the re2 cipient to provide services to individuals or entities not 3 otherwise receiving services under this Act, provided 4 that— 5 ‘‘(1) in the case funds provided under this Act 6 are used in developing or carrying out the agree7 ment— 8 ‘‘(A) such agreement guarantees that the 9 cost is reimbursed to the recipient; 10 ‘‘(B) if such agreement provides for the 11 provision of 1 or more services, of the type pro12 vided under this Act by or on behalf of such re13 cipient, to an individual or entity seeking to re14 ceive such services— 15 ‘‘(i) the individuals and entities may 16 only purchase such services at their fair 17 market rate; 18 ‘‘(ii) all costs incurred by the recipient 19 in providing such services (and not other20 wise reimbursed under subparagraph (A)), 21 are reimbursed to such recipient; and 22 ‘‘(iii) except in the case of an agree23 ment with a health plan or health care pro24 vider, the recipient reports the rates for 25 providing such services under such agreeVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01452 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1453. 1453 1 ment in accordance with subsection (c) and 2 the rates are consistent with the prevailing 3 market rate for provision of such services 4 in the relevant geographic area as deter5 mined by the State agency or area agency 6 on aging (as applicable); and 7 ‘‘(C) any amount of payment to the recipi8 ent under the agreement that exceeds reim9 bursement under this subsection of the recipi10 ent’s costs is used to provide, or support the 11 provision of, services under this Act; and 12 ‘‘(2) subject to subsection (e), in the case no 13 funds provided under this Act are used in developing 14 or carrying out the agreement— 15 ‘‘(A) not later than 45 days after the 16 agreement first goes into effect, and annually 17 thereafter until the termination of such agree18 ment, the recipient of a grant or contract under 19 this Act shall, in writing— 20 ‘‘(i) notify the State agency of— 21 ‘‘(I) the existence of the agree22 ment; and 23 ‘‘(II) the services provided and 24 populations served under the agree25 ment; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01453 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1454. 1454 1 ‘‘(ii) provide assurances to the State 2 agency that— 3 ‘‘(I) nothing in the agreement— 4 ‘‘(aa) undermines— 5 ‘‘(AA) the duties of the 6 recipient under this Act; or 7 ‘‘(BB) the provision of 8 services in accordance with 9 this Act; or 10 ‘‘(bb) violates any other 11 terms and conditions of an award 12 received by the recipient under 13 this Act; and 14 ‘‘(II) any potential real or per15 ceived conflict of interest with respect 16 to the agreement has been prevented, 17 mitigated, or otherwise addressed, in18 cluding providing a description of any 19 such conflicts of interest and a de20 scription of the actions taken to miti21 gate such conflicts of interest; and 22 ‘‘(B) not later than 45 days after the pop23 ulation or services under the agreement sub24 stantially change due to an amendment to the 25 agreement, the recipient shall, in writing— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01454 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1455. 1455 1 ‘‘(i) notify the State agency of such 2 change; and 3 ‘‘(ii) provide the assurances described 4 in subparagraph (A)(ii) with respect to 5 such change.’’; 6 (3) by striking subsection (b) and inserting the 7 following: 8 ‘‘(b) ENSURING APPROPRIATE USE OF FUNDS.—An 9 agreement— 10 ‘‘(1) described in subsection (a)(1) may not— 11 ‘‘(A) be made without the prior approval of 12 the State agency (or, in the case of a grantee 13 under title VI, without the prior recommenda14 tion of the Director of the Office for American 15 Indian, Alaska Native, and Native Hawaiian 16 Programs and the prior approval of the Assist17 ant Secretary), after timely submission of all 18 relevant documents related to the agreement in19 cluding information on all costs incurred; or 20 ‘‘(B) directly or indirectly provide for, or 21 have the effect of, paying, reimbursing, sub22 sidizing, or otherwise compensating an indi23 vidual or entity in an amount that exceeds the 24 fair market value of the services subject to such 25 agreement; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01455 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1456. 1456 1 ‘‘(2) described in subsection (a) may not— 2 ‘‘(A) result in the displacement of services 3 otherwise available to an older individual with 4 greatest social need, an older individual with 5 greatest economic need, or an older individual 6 who is at risk for institutional placement; or 7 ‘‘(B) in any other way compromise, under8 mine, or be inconsistent with the objective of 9 serving the needs of older individuals, as deter10 mined by the Assistant Secretary.’’; 11 (4) by striking subsection (c) and inserting the 12 following: 13 ‘‘(c) MONITORING AND REPORTING.—To ensure that 14 any agreement described in subsection (a)(1) complies 15 with the requirements of this section and other applicable 16 provisions of this Act, the Assistant Secretary shall de17 velop and implement uniform monitoring procedures and 18 reporting requirements consistent with the provisions of 19 subparagraphs (A) through (E) of section 306(a)(13) in 20 consultation with the State agencies and area agencies on 21 aging. The Assistant Secretary shall conduct a review on 22 the impact of such agreements on the provision of services 23 under this Act, including the number of agreements per 24 State, summaries of such agreements, and the impact of 25 such agreements on access to services consistent with the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01456 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1457. 1457 1 goals of this Act. The Assistant Secretary shall annually 2 prepare and submit to the Committee on Health, Edu3 cation, Labor, and Pensions of the Senate, the Special 4 Committee on Aging of the Senate, and the Committee 5 on Education and the Workforce of the House of Rep6 resentatives the findings of such review.’’; and 7 (5) by striking subsection (e) and inserting the 8 following: 9 ‘‘(e) REQUESTING ADDITIONAL INFORMATION FOR 10 CERTAIN NON-OAA AGREEMENTS.— 11 ‘‘(1) IN GENERAL.—In the case of an agree12 ment described in subsection (a)(2), if the State 13 agency has a reasonable belief that an agreement 14 may violate the assurances provided under sub15 section (a)(2)(A)(ii), the State agency may request 16 additional information from the recipient of funds 17 under this Act that is a party to such agreement, 18 which may include a request for a copy of such 19 agreement. Such recipient shall make a good faith 20 effort to address such request for additional infor21 mation, except that such recipient shall not provide 22 agreements or other data that are restricted under 23 the terms of a non-disclosure agreement signed by 24 such recipient. If such recipient declines to provide 25 a copy of an agreement to a State agency, such reVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01457 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1458. 1458 1 cipient shall provide a justification to the State 2 agency within 30 days of receiving such request. 3 ‘‘(2) CONFIDENTIALITY.—A State agency shall 4 keep confidential, as required by applicable Federal 5 and State law, all information received under this 6 subsection that is— 7 ‘‘(A) a trade secret; 8 ‘‘(B) commercial or financial information; 9 and 10 ‘‘(C) information obtained from an indi11 vidual that is privileged and confidential. 12 ‘‘(f) DEFINITIONS.—In this section: 13 ‘‘(1) COST.—The term ‘cost’ means an expense, 14 including an administrative expense, incurred by a 15 recipient in developing or carrying out an agreement 16 described in subsection (a), whether the recipient 17 contributed funds, staff time, or other plant, equip18 ment, or services to meet the expense. 19 ‘‘(2) RECIPIENT.—The term ‘recipient’ means 20 an area agency on aging in a State with multiple 21 planning and service areas.’’. 22 (b) AREA PLANS.—Section 306 (42 U.S.C. 3026) is 23 amended— 24 (1) in subsection (a)(13)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01458 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1459. 1459 1 (A) in subparagraph (B)(i), by striking 2 ‘‘any service to older individuals’’ and inserting 3 ‘‘any service under this Act to older individuals 4 or caregivers’’; and 5 (B) in subparagraph (E), by inserting ‘‘or 6 caregivers under this Act’’ after ‘‘older individ7 uals’’; and 8 (2) in subsection (g), by inserting ‘‘, except as 9 provided under section 212(a)(2),’’ after ‘‘Nothing 10 in this Act’’. 11 SEC. 107. GUIDANCE ON REALLOCATION OF FUNDING BE12 TWEEN AREA AGENCIES ON AGING. 13 (a) IN GENERAL.—Not later than 1 year after the 14 date of enactment of this Act, the Assistant Secretary 15 shall disseminate one-time guidance to State agencies (as 16 defined in section 102 of the Older Americans Act of 1965 17 (42 U.S.C. 3002)) and area agencies on aging on cir18 cumstances under which funds appropriated pursuant to 19 part B and subparts 1 and 2 of part C of title III of the 20 Older Americans Act (42 U.S.C. 3030d et seq., 42 U.S.C. 21 3030e et seq., 42 U.S.C. 3030f et seq.) may be appro22 priate to reallocate between area agencies on aging within 23 a single State, with the approval of the State agency and 24 the concurrence of any involved area agencies on aging, 25 within a budget year. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01459 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1460. 1460 1 (b) CONSIDERATIONS.—In disseminating the guid2 ance under subsection (a), the Assistant Secretary may 3 consider circumstances that affect the expenditure of the 4 funds described in such subsection. 5 SEC. 108. RIGHT TO FIRST REFUSAL. 6 Section 305(b)(5)(B) (42 U.S.C. 3025(b)(5)(B)) is 7 amended to read as follows: 8 ‘‘(B) Whenever a State agency designates a new area 9 agency on aging after the date of enactment of the Older 10 Americans Act Reauthorization Act of 2024, the State 11 agency shall give the right to first refusal to a unit of 12 general purpose local government if— 13 ‘‘(i) such unit can meet the requirements of 14 subsection (c); 15 ‘‘(ii)(I) such unit has demonstrated experience 16 administering services for older individuals; or 17 ‘‘(II) the State agency determines that there is not 18 another entity eligible under subsection (c)(1) within the 19 planning and service area with such demonstrated experi20 ence; and 21 ‘‘(iii) the boundaries of such unit and the 22 boundaries of the planning and service area are rea23 sonably contiguous.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01460 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1461. 1461 1 SEC. 109. AREA AGENCY ON AGING CAPABILITIES. 2 (a) ORGANIZATION.—Section 305(c) (42 U.S.C. 3 3025(c)) is amended— 4 (1) by redesignating paragraphs (1) through 5 (5) as subparagraphs (A) through (E), respectively, 6 and moving such subparagraphs 2 ems to the right; 7 (2) by striking ‘‘shall be’’ and inserting the fol8 lowing: ‘‘shall— 9 ‘‘(1) be—’’; 10 (3) in subparagraph (E), as so redesignated— 11 (A) by striking ‘‘(b)(5)’’ and inserting 12 ‘‘(b)(5)(A)’’; and 13 (B) by inserting ‘‘and’’ after the semicolon; 14 and 15 (4) by striking ‘‘and shall provide assurance, 16 determined adequate by the State agency, that the 17 area agency on aging will have the ability to develop 18 an area plan and to carry out, directly or through 19 contractual or other arrangements, a program in ac20 cordance with the plan within the planning and serv21 ice area.’’ and inserting the following: 22 ‘‘(2) provide assurance, determined adequate by 23 the State agency, that the area agency on aging will 24 have the ability, and maintain the capabilities nec25 essary, to develop an area plan as required under 26 section 306(a), and carry out, directly or through VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01461 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1462. 1462 1 contractual or other arrangements, and oversee ac2 tivities in accordance with— 3 ‘‘(A) the plan within the planning and 4 service area; 5 ‘‘(B) any other relevant requirements of 6 this Act; 7 ‘‘(C) other applicable Federal and State 8 laws; and 9 ‘‘(D) other terms and conditions of awards 10 received under this Act.’’. 11 (b) PLANS.—Section 306(f)(1) (42 U.S.C. 12 3026(f)(1)) is amended— 13 (1) by inserting ‘‘the assurances required under 14 section 305(c)(2),’’ after ‘‘of this section,’’; and 15 (2) by striking the period at the end and insert16 ing ‘‘, and if the State agency determines, in the dis17 cretion of the State agency, that an area agency on 18 aging failed in 2 successive years to comply with the 19 requirements under this title, then the State agency 20 may require the area agency on aging to submit a 21 plan for a 1-year period that meets such require22 ments, for subsequent years until the State agency 23 determines that the area agency on aging is in com24 pliance with such requirements.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01462 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1463. 1463 1 SEC. 110. SUPPORTING OLDER INDIVIDUALS WITH DISABIL2 ITIES THROUGH IMPROVED COORDINATION. 3 (a) AREA PLANS.—Section 306(a)(5) (42 U.S.C. 4 3026(a)(5)) is amended by striking ‘‘with agencies that 5 develop or provide services for individuals with disabil6 ities’’ and inserting ‘‘with entities that develop or provide 7 services for individuals with disabilities, which may include 8 centers for independent living, relevant service providers, 9 and other community-based organizations, as appro10 priate’’. 11 (b) SUPPORTING OLDER INDIVIDUALS WITH DIS12 ABILITIES THROUGH IMPROVED COORDINATION.— 13 (1) IN GENERAL.—The Administrator of the 14 Administration for Community Living of the Depart15 ment of Health and Human Services (referred to in 16 this section as the ‘‘Administrator’’) shall identify— 17 (A) opportunities to improve coordination 18 between the aging and disability networks, 19 which may include the formation of partner20 ships to serve individuals eligible for programs 21 under the Older Americans Act of 1965 (42 22 U.S.C. 3001 et seq.); 23 (B) lessons learned from disability net24 works, including centers for independent living, 25 State developmental disabilities councils, univer26 sity centers for excellence in developmental disVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01463 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1464. 1464 1 abilities education, research, and service, and 2 State protection and advocacy agencies that 3 could improve operations and service delivery 4 within the aging network; and 5 (C) any technical assistance needs related 6 to subparagraphs (A) and (B). 7 (2) GUIDANCE.—Not later than 2 years after 8 the date of enactment of this Act, the Administrator 9 shall issue guidance to State agencies and area 10 agencies on aging on strategies to leverage disability 11 networks, including centers for independent living, 12 State developmental disabilities councils, university 13 centers for excellence in developmental disabilities, 14 education, research, and service, and State protec15 tion and advocacy agencies, as appropriate, to 16 strengthen the provision of services under the Older 17 Americans Act of 1965 (42 U.S.C. 3001 et seq.). 18 (3) TECHNICAL ASSISTANCE.—The Adminis19 trator shall coordinate across the Administration for 20 Community Living to address any technical assist21 ance needs identified under paragraph (1)(C) in a 22 manner that does not unnecessarily duplicate other 23 technical assistance activities carried out prior to the 24 date of enactment of this Act. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01464 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1465. 1465 1 (c) DEFINITIONS.—Section 102 (42 U.S.C. 3002) is 2 amended— 3 (1) in paragraph (4), by striking ‘‘(as defined 4 in section 3 of the Americans with Disabilities Act 5 of 1990 (42 U.S.C. 12102))’’; 6 (2) in paragraph (13), by striking ‘‘The term’’ 7 and all that follows through ‘‘adjustment.’’ and in8 serting ‘‘The term ‘disability’ has the meaning given 9 such term in section 3 of the Americans with Dis10 abilities Act of 1990 (42 U.S.C. 12102).’’; and 11 (3) in paragraph (49)(B), by striking ‘‘of the 12 major life activities specified in subparagraphs (A) 13 through (G) of paragraph (8)’’ and inserting ‘‘major 14 life activities specified in section 3(2) of the Ameri15 cans with Disabilities Act of 1990 (42 U.S.C. 16 12102(2)).’’. 17 SEC. 111. BUSINESS ACUMEN, FISCAL TRAINING, AND TECH18 NICAL ASSISTANCE. 19 Section 307(a) (42 U.S.C. 3027(a)) is amended by 20 adding at the end the following: 21 ‘‘(31) The plan shall provide assurances that 22 the State agency, to the extent feasible and when 23 applicable and appropriate, provides technical assist24 ance for area agencies on aging related to the devel25 opment of business acumen, sound fiscal practices, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01465 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1466. 1466 1 capacity building, organizational development, inno2 vation, and other methods of growing and sustaining 3 the capacity of the aging network to carry out activi4 ties funded under this Act to serve older individuals 5 and caregivers most effectively.’’. 6 SEC. 112. ENHANCING ACCESS TO ASSISTIVE TECHNOLOGY. 7 Section 307(a) (42 U.S.C. 3027(a)), as amended by 8 section 111 of this division, is further amended by adding 9 at the end the following: 10 ‘‘(32) The plan shall provide assurances that 11 the State will coordinate services, to the extent fea12 sible, with lead agencies designated to carry out 13 State assistive technology programs under the As14 sistive Technology Act of 1998 (29 U.S.C. 3001 et 15 seq.) and with area agencies on aging to assist eligi16 ble older individuals, including older individuals with 17 disabilities, in accessing and acquiring assistive tech18 nology.’’. 19 SEC. 113. WHITE HOUSE CONFERENCE ON AGING. 20 Title II of the Older Americans Act Amendments of 21 1987 (42 U.S.C. 3001 note; Public Law 100–175) is 22 amended by striking title II and inserting the following: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01466 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1467. 1467 1 ‘‘TITLE II—WHITE HOUSE 2 CONFERENCE ON AGING 3 ‘‘SEC. 201. AUTHORIZATION OF THE CONFERENCE. 4 ‘‘(a) AUTHORITY TO CALL CONFERENCE.—Not ear5 lier than January 21, 2025 and not later than December 6 31, 2025, the President shall convene the White House 7 Conference on Aging in order to fulfill the purpose set 8 forth in subsection (c) and to make fundamental policy 9 recommendations regarding programs that are important 10 to older individuals and to the families and communities 11 of such individuals. 12 ‘‘(b) PLANNING AND DIRECTION.—The Conference 13 described in subsection (a) shall be planned and conducted 14 under the direction of the Secretary, in cooperation with 15 the Assistant Secretary for Aging, the Director of the Na16 tional Institute on Aging, the Administrator of the Centers 17 for Medicare and Medicaid Services, the Social Security 18 Administrator, and the heads of such other Federal agen19 cies serving older individuals as are appropriate. Planning 20 and conducting the Conference includes the assignment of 21 personnel. 22 ‘‘(c) PURPOSE.—The purpose of the Conference de23 scribed in subsection (a) shall be to gather individuals rep24 resenting the spectrum of thought and experience in the 25 field of aging to— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01467 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1468. 1468 1 ‘‘(1) evaluate the manner in which the objec2 tives of the Older Americans Act of 1965 (42 U.S.C. 3 3001 et seq.) can be met by using the resources and 4 talents of older individuals, of families and commu5 nities of such individuals, and of individuals from 6 the public and private sectors; 7 ‘‘(2) evaluate the manner in which Federal poli8 cies, programs, and activities meet and respond to 9 the needs of older individuals, including an examina10 tion of innovative and fiscally responsible strategies 11 relating to retirement security, caregiving, nutrition 12 and supportive services, health care, elder justice, 13 and long-term services and supports; 14 ‘‘(3) be informed by the work and recommenda15 tions of the Interagency Coordinating Committee on 16 Healthy Aging and Age-Friendly Communities, 17 evaluate the recommendations of the Committee, 18 and, as appropriate, suggest implementation strate19 gies for such recommendations; and 20 ‘‘(4) develop recommendations to guide the 21 President, Congress, and Federal agencies in im22 proving Federal programs that serve older individ23 uals, which may relate to the prevention and mitiga24 tion of disease, injury, abuse, social isolation, loneliVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01468 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1469. 1469 1 ness, and economic insecurity, including food insecu2 rity, and promotion of healthy aging in place. 3 ‘‘(d) CONFERENCE PARTICIPANTS AND DELE4 GATES.— 5 ‘‘(1) PARTICIPANTS.—In order to carry out the 6 purposes of this section, the Conference shall bring 7 together— 8 ‘‘(A) representatives of Federal, State, 9 Tribal, and local governments; 10 ‘‘(B) professionals and volunteers who are 11 working in the field of aging; and 12 ‘‘(C) representatives of the general public, 13 particularly older individuals. 14 ‘‘(2) SELECTION OF DELEGATES.—The dele15 gates shall be selected without regard to political af16 filiation or past partisan activity and shall, to the 17 best of the appointing authority’s ability, be rep18 resentative of the spectrum of thought in the field 19 of aging. Delegates shall include older individuals, 20 individuals who are professionals in the field of 21 aging, individuals who are community leaders, mi22 nority individuals, individuals from rural areas, low23 income individuals, and representatives of Federal, 24 State, Tribal, and local governments. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01469 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1470. 1470 1 ‘‘SEC. 202. CONFERENCE ADMINISTRATION. 2 ‘‘(a) ADMINISTRATION.—In administering this sec3 tion, the Secretary shall— 4 ‘‘(1) consult with relevant State, Tribal, and 5 local officials, stakeholders, and subject matter ex6 perts in planning the Conference; 7 ‘‘(2) request the cooperation and assistance of 8 the heads of such other Federal departments and 9 agencies, including such officials of the Interagency 10 Coordinating Committee on Healthy Aging and Age11 Friendly Communities, as may be appropriate in the 12 carrying out of this section; 13 ‘‘(3) make available for public comment a pro14 posed agenda for the Conference, which will reflect 15 to the greatest extent possible the major issues fac16 ing older individuals, consistent with the provisions 17 of section 201(c); 18 ‘‘(4) prepare and make available such back19 ground materials for the use of delegates to the Con20 ference as the Secretary deems necessary; and 21 ‘‘(5) engage such additional personnel as may 22 be necessary to carry out the provisions of this sec23 tion without regard to provisions of title 5, United 24 States Code, governing appointments in the competi25 tive service, and without regard to chapter 51 and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01470 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1471. 1471 1 subchapter III of chapter 53 of such title, relating 2 to classification and General Schedule pay rates. 3 ‘‘(b) DUTIES.—The Secretary shall, in carrying out 4 the Secretary’s responsibilities and functions under this 5 section, and as part of the White House Conference on 6 Aging, ensure that— 7 ‘‘(1) the agenda prepared under subsection 8 (a)(3) for the Conference is published in the Federal 9 Register not later than 30 days after such agenda 10 is approved by the Secretary; 11 ‘‘(2) the personnel engaged under subsection 12 (a)(5) shall be fairly balanced in terms of points of 13 views represented and shall be appointed without re14 gard to political affiliation or previous partisan ac15 tivities; 16 ‘‘(3) the recommendations of the Conference 17 are not inappropriately influenced by any appointing 18 authority or by any special interest, but will instead 19 be the result of the independent judgment of the 20 Conference; and 21 ‘‘(4) current and adequate statistical data, in22 cluding decennial census data, and other information 23 on the well-being of older individuals in the United 24 States, are readily available, in advance of the Con25 ference, to the delegates of the Conference, together VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01471 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1472. 1472 1 with such information as may be necessary to evalu2 ate Federal programs and policies relating to aging. 3 In carrying out this subparagraph, the Secretary is 4 authorized to make grants to, and enter into cooper5 ative agreements with, public agencies and nonprofit 6 private organizations. 7 ‘‘(c) GIFTS.—The Secretary may accept, on behalf of 8 the United States, gifts (in cash or in kind, including vol9 untary and uncompensated services) that shall be available 10 to carry out this title. Gifts of cash shall be available in 11 addition to amounts appropriated to carry out this title. 12 Gifts may be earmarked by the donor for a specific pur13 pose. 14 ‘‘(d) RECORDS.—The Secretary shall maintain 15 records regarding— 16 ‘‘(1) the sources, amounts, and uses of gifts ac17 cepted under subsection (c); and 18 ‘‘(2) the identity of each person receiving assist19 ance to carry out this title, and the amount of such 20 assistance received by each such person. 21 ‘‘SEC. 203. REPORT OF THE CONFERENCE. 22 ‘‘(a) PRELIMINARY REPORT.—Not later than 100 23 days after the date on which the Conference adjourns, the 24 Secretary shall publish and deliver to the States a prelimi25 nary report on the Conference. Comments on the prelimiVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01472 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1473. 1473 1 nary report of the Conference shall be accepted by the Sec2 retary. 3 ‘‘(b) FINAL REPORT.—Not later than 180 days after 4 the date on which the Conference adjourns, the Secretary 5 shall publish and transmit to the President and to Con6 gress recommendations resulting from the Conference and 7 suggestions for any administrative action and legislation 8 necessary to implement the recommendations contained 9 within the report. 10 ‘‘SEC. 204. DEFINITIONS. 11 ‘‘In this title: 12 ‘‘(1) CONFERENCE.—The term ‘Conference’ 13 means the White House Conference on Aging. 14 ‘‘(2) SECRETARY.—The term ‘Secretary’ means 15 the Secretary of Health and Human Services. 16 ‘‘(3) STATE.—The term ‘State’ means any of 17 the several States, the District of Columbia, the 18 Commonwealth of Puerto Rico, Guam, American 19 Samoa, the Virgin Islands of the United States, the 20 Trust Territory of the Pacific Islands, or the Com21 monwealth of the Northern Mariana Islands.’’. 22 SEC. 114. TECHNICAL AMENDMENTS. 23 The Older Americans Act of 1965 (42 U.S.C. 3001 24 et seq.) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01473 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1474. 1474 1 (1) in section 201(d)(3)(J) (42 U.S.C. 2 3011(d)(3)(J)), by striking ‘‘Speaker of the House 3 of Representatives and the President pro tempore of 4 the Senate’’ and inserting ‘‘Committee on Health, 5 Education, Labor, and Pensions of the Senate and 6 the Committee on Education and the Workforce of 7 the House of Representatives’’; 8 (2) in section 202(b)(8)(E) (42 U.S.C. 9 3012(b)(8)(E)), by striking ‘‘preventative health 10 benefits under the provisions of, and amendments 11 made by, the Medicare Prescription Drug, Improve12 ment, and Modernization Act of 2003’’ and inserting 13 ‘‘preventive health benefits under such program’’; 14 (3) in section 203(c)(7) (42 U.S.C. 15 3013(c)(7))— 16 (A) in the matter preceding subparagraph 17 (A), by striking ‘‘the Committee on Education 18 and Labor of the House of Representatives’’ 19 and inserting ‘‘the Committee on Education 20 and the Workforce of the House of Representa21 tives’’; and 22 (B) in subparagraph (C), by striking 23 ‘‘chairman’’ and inserting ‘‘chairperson’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01474 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1475. 1475 1 (4) in section 339 (42 U.S.C. 3030g–21), by 2 striking ‘‘this chapter’’ each place it appears and in3 serting ‘‘this part’’; and 4 (5) in section 432(b)(1) (42 U.S.C. 5 3033a(b)(1)), by striking ‘‘Speaker of the House of 6 Representatives and the President pro tempore of 7 the Senate’’ and inserting ‘‘Committee on Health, 8 Education, Labor, and Pensions of the Senate and 9 the Committee on Education and the Workforce of 10 the House of Representatives’’. 11 TITLE II—IMPROVING HEALTH 12 OUTCOMES AND ENCOUR13 AGING INDEPENDENCE FOR 14 OLDER INDIVIDUALS 15 SEC. 201. DISEASE PREVENTION AND HEALTH PROMOTION 16 SERVICES. 17 Section 102(14) (42 U.S.C. 3002(14)) is amended— 18 (1) in subparagraph (B), by inserting ‘‘heart 19 rate, respiratory function,’’ after ‘‘hearing,’’; 20 (2) in subparagraph (K), by inserting ‘‘pro21 viding’’ before ‘‘information’’; 22 (3) by redesignating subparagraphs (L), (M), 23 (N), and (O), as subparagraphs (M), (N), (O), and 24 (P), respectively; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01475 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1476. 1476 1 (4) by inserting after subparagraph (K) the fol2 lowing: 3 ‘‘(L) providing information concerning 4 testing, diagnosis, and treatment of infectious 5 diseases, taking into consideration infectious 6 diseases for which older individuals are at in7 creased risk of infection or serious health out8 comes;’’; and 9 (5) in subparagraph (P), as so redesignated, by 10 striking ‘‘subparagraphs (A) through (N)’’ and in11 serting ‘‘subparagraphs (A) through (O)’’. 12 SEC. 202. IMPROVING HEALTH OUTCOMES. 13 (a) RESEARCH AND EVALUATION ACTIVITIES.—Sec14 tion 201 (42 U.S.C. 3011) is amended— 15 (1) in subsection (c)(3)(B), by striking ‘‘in be16 half’’ and inserting ‘‘on behalf’’; and 17 (2) in subsection (g)— 18 (A) in paragraph (3)(A)(ii), by inserting 19 ‘‘reduction of health care expenditures,’’ after 20 ‘‘quality of life,’’; and 21 (B) in paragraph (7), by inserting ‘‘and 22 recommendations relating to further research, 23 evaluation, and demonstration projects con24 ducted under this section’’ after ‘‘title IV’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01476 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1477. 1477 1 (b) FALLS PREVENTION PROGRAMS.—Section 2 411(a)(15) (42 U.S.C. 3032(a)(15)) is amended to read 3 as follows: 4 ‘‘(15) bringing to scale and sustaining evidence5 based falls prevention programs to reduce the num6 ber of falls, fear of falling, and fall-related injuries 7 affecting older individuals, including older individ8 uals with disabilities, which shall— 9 ‘‘(A) provide training and technical assist10 ance to the aging network; and 11 ‘‘(B) share best practices with the aging 12 network, including the Aging and Disability Re13 source Centers;’’. 14 (c) INTERAGENCY COORDINATING COMMITTEE ON 15 HEALTHY AGING AND AGE-FRIENDLY COMMUNITIES.— 16 Section 203(c) (42 U.S.C. 3013(c)) is amended— 17 (1) in paragraph (6)(B)— 18 (A) in clause (ii), by striking ‘‘and’’ after 19 the semicolon; 20 (B) in clause (iii), by inserting ‘‘and’’ after 21 the semicolon; and 22 (C) by adding at the end the following: 23 ‘‘(iv) strategies to address social isolation, 24 including by promoting strong and stable conVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01477 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1478. 1478 1 nections across different generations in a family 2 and in the community;’’; and 3 (2) in paragraph (7), as amended by section 4 114(3) of this division— 5 (A) in subparagraph (B), by striking 6 ‘‘and’’ at the end; 7 (B) by redesignating subparagraph (C) as 8 subparagraph (D); and 9 (C) by inserting after subparagraph (B) 10 the following: 11 ‘‘(C) contains an assessment of the effec12 tiveness of relevant Federal efforts and pro13 grams, including implementation of best prac14 tices described in paragraph (6)(B); and’’. 15 SEC. 203. TECHNICAL ASSISTANCE ON EVIDENCE-BASED 16 PROGRAMS. 17 (a) TECHNICAL ASSISTANCE.—The Assistant Sec18 retary, at the request of a State agency (as defined in sec19 tion 102 of the Older Americans Act of 1965 (42 U.S.C. 20 3002)) or area agencies on aging, may provide technical 21 assistance on the requirements of evidence-based pro22 grams under the Older Americans Act of 1965 (42 U.S.C. 23 3001 et seq.). 24 (b) CONSIDERATION.—The Assistant Secretary may 25 consider whether there are evidence-informed practices, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01478 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1479. 1479 1 based on the best available science, that may improve 2 health outcomes. 3 SEC. 204. ENHANCING MULTIPURPOSE SENIOR CENTERS. 4 (a) IN GENERAL.—Section 202(a)(30) (42 U.S.C. 5 3012(a)(30)) is amended by inserting ‘‘, access to services 6 provided at multipurpose senior centers, and (where ap7 propriate) the establishment and maintenance of multi8 purpose senior centers’’ before the semicolon at the end. 9 (b) AREA AGENCY ON AGING PLANS.—Section 10 306(a)(2)(A) (42 U.S.C. 3026(a)(2)(A)) is amended by in11 serting ‘‘, including those services provided at multipur12 pose senior centers, where appropriate’’ before the semi13 colon at the end. 14 (c) STATE PLANS.—Section 307(a)(2)(A) (42 U.S.C. 15 3027(a)(2)(A)) is amended by inserting ‘‘and, to the ex16 tent feasible, make such evaluation public’’ before the 17 semicolon at the end. 18 SEC. 205. ADDRESSING HOME MODIFICATIONS. 19 (a) INDOOR AIR QUALITY.—Section 361(c) (42 20 U.S.C. 3030m(c)) is amended by striking ‘‘buildings’’ and 21 all that follows and inserting ‘‘buildings and residences 22 where older individuals congregate or live’’. 23 (b) WEATHERIZATION.—Section 321(a)(4) (42 24 U.S.C. 3030d(a)(4)) is amended by striking subparagraph 25 (A) and inserting ‘‘(A) to assist older individuals in obVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01479 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1480. 1480 1 taining and maintaining adequate housing, including resi2 dential repair and renovation projects, and (if assistance 3 for weatherization projects does not unnecessarily dupli4 cate other Federal assistance available) weatherization 5 projects, designed to enable older individuals to maintain 6 their homes in conformity with minimum housing and (as 7 applicable and appropriate) other relevant standards, in 8 order to support such older individuals in aging in place 9 and maintaining their health;’’. 10 SEC. 206. NATIONAL RESOURCE CENTER FOR ENGAGING 11 OLDER ADULTS. 12 Section 411(a)(18) (42 U.S.C. 3032(a)(18)) is 13 amended by inserting ‘‘, such as providing appropriate 14 training, resources, and best practices to the aging net15 work’’ after ‘‘older individuals’’. 16 SEC. 207. MULTIGENERATIONAL AND CIVIC ENGAGEMENT 17 ACTIVITIES. 18 Section 417 (42 U.S.C. 3032f) is amended— 19 (1) in subsection (a)— 20 (A) in the matter preceding paragraph (1), 21 by striking ‘‘projects,’’ and all that follows 22 through ‘‘to—’’ and inserting the following: 23 ‘‘projects to serve individuals in younger gen24 erations and older individuals by developing, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01480 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1481. 1481 1 carrying out, and promoting participation in 2 multigenerational activities to—’’; 3 (B) in paragraph (2), by adding ‘‘and’’ at 4 the end; 5 (C) in paragraph (3), by striking ‘‘opportu6 nities for older individuals to become a mentor 7 to individuals in younger generations; and’’ and 8 inserting ‘‘opportunities— 9 ‘‘(A) for older individuals to become men10 tors to individuals in younger generations; and 11 ‘‘(B) at facilities that serve older individ12 uals or individuals in younger generations, at 13 which multigenerational activities might 14 occur.’’; and 15 (D) by striking paragraph (4); 16 (2) in subsection (c)(2), by striking ‘‘(4)’’ and 17 inserting ‘‘(3)’’; 18 (3) in subsection (d)— 19 (A) by striking paragraph (1); and 20 (B) by redesignating paragraphs (2) 21 through (5) as paragraphs (1) through (4), re22 spectively; 23 (4) in subsection (g)— 24 (A) in paragraph (1), in the matter pre25 ceding subparagraph (A), by striking ‘‘of enactVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01481 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1482. 1482 1 ment of the Supporting Older Americans Act of 2 2020,’’ and inserting ‘‘on which the first grant 3 is awarded under this section following the date 4 of enactment of the Older Americans Act Reau5 thorization Act of 2024,’’; and 6 (B) in paragraph (2), in the matter pre7 ceding subparagraph (A), by striking ‘‘the 8 Speaker of the House of Representatives and 9 the President pro tempore of the Senate’’ and 10 inserting ‘‘the Committee on Health, Edu11 cation, Labor, and Pensions of the Senate and 12 the Committee on Education and the Workforce 13 of the House of Representatives’’; and 14 (5) in subsection (h)(1), by striking ‘‘or a fam15 ily support program.’’ and inserting ‘‘or a family 16 support program, or a program at a multipurpose 17 senior center, long-term care facility, or any other 18 residential facility for older individuals.’’. 19 SEC. 208. REPORT RELATING TO HEALTH OUTCOMES FOR 20 OLDER INDIVIDUALS LIVING WITH OR NEAR 21 FAMILY MEMBERS. 22 (a) IN GENERAL.—The Secretary shall prepare a re23 port that assesses— 24 (1) the health outcomes for older individuals 25 who live with, on the same property as, or otherwise VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01482 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1483. 1483 1 in the community in close geographic proximity, rel2 ative to the area, to family members; and 3 (2) the degree to which programs under the 4 Older Americans Act of 1965 (42 U.S.C. 3001 et 5 seq.) promote living in the settings described in 6 paragraph (1), as appropriate. 7 (b) INCLUSION.—The report described under sub8 section (a) shall include— 9 (1) an assessment of physical and mental health 10 outcomes of older individuals who live in the settings 11 described in subsection (a)(1) in comparison to phys12 ical and mental health outcomes of older individuals 13 who do not live in such settings; 14 (2) an assessment of the extent to which living 15 in such settings mitigates social isolation and loneli16 ness in older adults; and 17 (3) a description of the different types of such 18 settings and whether, and to what extent, findings 19 under paragraphs (1) and (2) vary across such dif20 ferent types. 21 (c) SUBMISSION.—Not later than 2 years after the 22 date of enactment of this Act, the Secretary shall submit 23 to the Committee on Health, Education, Labor, and Pen24 sions and the Special Committee on Aging of the Senate 25 and the Committee on Education and the Workforce of VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01483 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1484. 1484 1 the House of Representatives the report required by sub2 section (a). 3 SEC. 209. IMPROVING BROADBAND COORDINATION AND 4 REDUCING SOCIAL ISOLATION. 5 (a) IN GENERAL.—The Assistant Secretary shall, as 6 appropriate, coordinate with the Assistant Secretary of 7 Commerce for Communications and Information of the 8 National Telecommunications and Information Adminis9 tration to ensure that the aging network (as defined in 10 section 102 of the Older Americans Act of 1965 (42 11 U.S.C. 3002)) and other relevant stakeholders are aware 12 of, and, subject to applicable eligibility criteria, have ac13 cess to, Federal programs relating to digital literacy and 14 the adoption of broadband that may support healthy aging 15 and aging in place for older individuals. 16 (b) REPORT.—Not later than 90 days after the date 17 of enactment of this Act, the Assistant Secretary shall pre18 pare, and submit to the Committee on Health, Education, 19 Labor, and Pensions, the Special Committee on Aging, 20 and the Committee on Commerce, Science, and Transpor21 tation of the Senate and the Committee on Education and 22 the Workforce of the House of Representatives, a report 23 regarding any coordination efforts carried out pursuant to 24 subsection (a). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01484 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1485. 1485 1 TITLE III—ENHANCING INNOVA2 TION AND FLEXIBILITY IN NU3 TRITION SERVICES 4 SEC. 301. MEDICALLY TAILORED MEALS. 5 (a) DEFINITIONS.—Section 102(14) (42 U.S.C. 6 3002(14)) is amended— 7 (1) in subparagraph (C), by inserting ‘‘, which 8 may include counseling related to the provision of 9 medically tailored meals,’’ after ‘‘counseling’’; and 10 (2) in subparagraph (D), by inserting ‘‘(includ11 ing from medically tailored meals)’’ after ‘‘improved 12 nutrition’’. 13 (b) ADMINISTRATION OF NUTRITION SERVICES.— 14 Section 205(a)(2)(A) (42 U.S.C. 3016(a)(2)(A)) is 15 amended— 16 (1) in clause (vi), by inserting ‘‘, including 17 through the use of innovative approaches’’ after 18 ‘‘systems’’; and 19 (2) in clause (viii), by inserting ‘‘and innovative 20 interventions’’ after ‘‘including strategies’’. 21 (c) NUTRITION EDUCATION.—Section 214(2)(C) (42 22 U.S.C. 3020e(2)(C)) is amended by inserting ‘‘, including 23 interventions,’’ after ‘‘other activities’’. 24 (d) NUTRITION SERVICES PURPOSES.—Section 25 330(3) (42 U.S.C. 3030d–21(3)) is amended by inserting VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01485 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1486. 1486 1 ‘‘, tailored to their individual medical and nutritional 2 needs to the extent feasible,’’ after ‘‘services’’. 3 SEC. 302. GRAB-AND-GO MEALS. 4 Section 308(b)(4) (42 U.S.C. 3028(b)(4)) is amended 5 by adding at the end the following: 6 ‘‘(E) A State may elect in its plan under section 307 7 to allow use of not more than 25 percent of the funds 8 received by such State under subpart 1 of part C, cal9 culated after any transfers under subparagraphs (A) and 10 (B) are completed, to make meals available at congregate 11 meal sites or other community locations for consumption 12 by older individuals outside such sites and locations, such 13 as carry-out or similar meals. A State electing to allow 14 use of funds under the preceding sentence shall— 15 ‘‘(i) ensure that such allowable use com16 plements the delivery of services through the con17 gregate meals program under section 331; and 18 ‘‘(ii) notify the Assistant Secretary of such elec19 tion, including a description of the amount and per20 centage of funds received by such State under sub21 part 1 of part C to be used for such purposes.’’. 22 SEC. 303. GAO STUDY ON NUTRITION SERVICES INCENTIVE 23 PROGRAM. 24 (a) IN GENERAL.—The Comptroller General of the 25 United States shall conduct a study to evaluate the NutriVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01486 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1487. 1487 1 tion Services Incentive Program under section 311 (42 2 U.S.C. 3030a) (referred to in this section as the ‘‘Pro3 gram’’). 4 (b) INCLUSIONS.—The study under this section— 5 (1) shall— 6 (A) include an assessment of how States 7 and Tribal organizations use funding provided 8 under the Program, including the degree to 9 which States and Tribal organizations use such 10 funding to procure food products from local or 11 regional producers for meals supported under 12 the Program; and 13 (B) identify any challenges or barriers to 14 increasing the use of local and regional pro15 ducers under the Program; and 16 (2) may make recommendations related to im17 proving the effectiveness of the Program, including 18 with respect to the use of local and regional pro19 ducers. 20 (c) REPORT TO CONGRESS.—Not later than 18 21 months after the date of enactment of this Act, the Comp22 troller General of the United States shall submit to the 23 Committee on Health, Education, Labor, and Pensions 24 and the Special Committee on Aging of the Senate and 25 the Committee on Education and the Workforce of the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01487 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1488. 1488 1 House of Representatives a report on the results of the 2 study under this section. 3 SEC. 304. INNOVATIONS IN NUTRITION PROGRAMS AND 4 SERVICES. 5 Subpart 3 of part C of title III (42 U.S.C. 3030g– 6 21 et seq.) is amended by adding at the end the following: 7 ‘‘SEC. 340. INNOVATIONS IN NUTRITION PROGRAMS AND 8 SERVICES. 9 ‘‘(a) DEMONSTRATION TO REDUCE HUNGER, FOOD 10 INSECURITY, AND MALNUTRITION.— 11 ‘‘(1) IN GENERAL.—From funds available 12 under paragraph (5), the Assistant Secretary shall 13 make grants, on a competitive basis, to eligible enti14 ties, to achieve the purposes of section 330(1) by de15 veloping, testing, implementing, and evaluating inno16 vative local or regional approaches to improve the 17 quality, effectiveness, efficiency, and outcomes of nu18 trition projects and services described in sections 19 311, 331, and 336. 20 ‘‘(2) ELIGIBILITY.—In order to be eligible for a 21 grant under paragraph (1), an entity shall— 22 ‘‘(A) be— 23 ‘‘(i) a State agency, an area agency 24 on aging, an Indian Tribe, a Tribal organi25 zation, or another public or nonprofit priVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01488 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1489. 1489 1 vate entity, including a nutrition service 2 provider, a multipurpose senior center, a 3 health care entity, or an institution of 4 higher education; or 5 ‘‘(ii) a partnership between any enti6 ties described in clause (i); and 7 ‘‘(B) submit an application at such time 8 and in such manner as the Assistant Secretary 9 may require, including— 10 ‘‘(i) a description of an innovative ap11 proach referred to in paragraph (1) that 12 the entity proposes to implement under the 13 grant; 14 ‘‘(ii) a plan for evaluating the effec15 tiveness, including cost-effectiveness, of the 16 innovative approach proposed; and 17 ‘‘(iii) a plan for the publication of the 18 results of such evaluation. 19 ‘‘(3) PRIORITY.—In selecting eligible entities 20 for grants under this subsection, the Assistant Sec21 retary shall give priority to eligible entities proposing 22 to carry out a grant in 1 or more rural areas. 23 ‘‘(4) REPORT.—Not later than 1 year after the 24 date of enactment of the Older Americans Act Reau25 thorization Act of 2024, and annually thereafter, the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01489 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1490. 1490 1 Assistant Secretary shall submit a report to the 2 Committee on Health, Education, Labor, and Pen3 sions and the Special Committee on Aging of the 4 Senate and the Committee on Education and the 5 Workforce of the House of Representatives describ6 ing any activities carried out under paragraph (1), 7 an assessment of the outcomes of such activities 8 using rigorous methodologies, and recommendations 9 for inclusion of any successful innovative approaches 10 within nutrition programs established under this 11 Act. 12 ‘‘(5) RESERVATION.—From the total of the 13 amounts made available for a fiscal year under para14 graphs (1) and (2) of section 303(b) and in section 15 311(e), the Assistant Secretary shall reserve an 16 amount equal to not more than 1 percent to carry 17 out activities described in paragraph (1) of this sub18 section. 19 ‘‘(b) INNOVATIVE APPROACHES TO REDUCE HUN20 GER, FOOD INSECURITY, AND MALNUTRITION.— 21 ‘‘(1) IN GENERAL.—Subject to paragraph (6), 22 in carrying out nutrition projects established under 23 this Act, a State agency or title VI grantee may im24 plement innovative approaches, including any appli25 cable approaches implemented previously by the AsVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01490 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1491. 1491 1 sistant Secretary or pursuant to subsection (a), that 2 are demonstrated to be effective, to achieve the pur3 poses described in section 330(1) by improving— 4 ‘‘(A) the quality, composition, preparation, 5 modality, delivery, or location of meals provided 6 to older individuals under this Act; or 7 ‘‘(B) the efficiency and effectiveness of dis8 tributing, delivering, or otherwise making meals 9 available to older individuals under this Act. 10 ‘‘(2) WAIVER.—At the request of a State agen11 cy implementing an approach under paragraph (1), 12 the Assistant Secretary may waive any requirements 13 of subpart 1 or 2 with respect to such State agency 14 if such requirements impede the ability of such State 15 agency to successfully implement such an approach. 16 ‘‘(3) FLEXIBILITY.—The Secretary shall pro17 vide maximum flexibility to a title VI grantee imple18 menting an approach under paragraph (1) in the 19 same manner as the Secretary provides maximum 20 flexibility in accordance with section 614(c)(3). 21 ‘‘(4) SUNSET.—The authority to carry out ac22 tivities described in paragraph (1) shall expire on 23 October 1, 2029. 24 ‘‘(5) REPORT.—Not later than September 30, 25 2028, the Assistant Secretary shall submit a report VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01491 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1492. 1492 1 to the Committee on Health, Education, Labor, and 2 Pensions and the Special Committee on Aging of the 3 Senate and the Committee on Education and the 4 Workforce of the House of Representatives describ5 ing any activities carried out by State agencies or 6 title VI grantees under paragraph (1), an assess7 ment of the outcomes of such activities using rig8 orous methodologies, and recommendations for inclu9 sion of any successful innovative approaches within 10 nutrition programs established under this Act. 11 ‘‘(6) USE OF ALLOTMENT.—If the amount ap12 propriated to carry out section 311 for a fiscal year 13 exceeds the amount appropriated to carry out sec14 tion 311 for the prior fiscal year or fiscal year 2024, 15 whichever is greater, a State agency and title VI 16 grantee in receipt of an allotment under section 17 311(b) may elect to use the difference between the 18 allotment received for the fiscal year and the allot19 ment received for the prior fiscal year or fiscal year 20 2024, whichever is greater, for activities described in 21 paragraph (1). 22 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in 23 this subsection shall be construed as limiting or pro24 hibiting the requirements described in section 339 VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01492 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1493. 1493 1 from applying to nutrition projects utilizing an inno2 vative approach under this subsection.’’. 3 TITLE IV—SUPPORTING FAMILY 4 CAREGIVERS 5 SEC. 401. IMPROVING THE NATIONAL FAMILY CAREGIVER 6 SUPPORT PROGRAM. 7 (a) STATE REQUIREMENTS FOR STATE AND COMMU8 NITY PROGRAMS ON AGING GRANTS.—Section 9 305(a)(3)(E) (42 U.S.C. 3025(a)(3)(E)) is amended— 10 (1) in clause (i), by striking ‘‘and’’ at the end; 11 (2) in clause (ii), by striking the period at the 12 end and inserting ‘‘; and’’; and 13 (3) by adding at the end the following: 14 ‘‘(iii) available supports for family 15 caregivers and older relative caregivers (as 16 defined in section 372(a)).’’. 17 (b) AREA PLAN REQUIREMENTS.—Section 18 306(a)(7)(D) (42 U.S.C. 3026(a)(7)(D)) is amended— 19 (1) in clause (i), by striking ‘‘and’’ at the end; 20 (2) in clause (ii), by adding ‘‘and’’ after the 21 semicolon; and 22 (3) by adding at the end the following: 23 ‘‘(iii) available supports for family 24 caregivers and older relative caregivers (as 25 defined in section 372(a));’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01493 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1494. 1494 1 (c) DEFINITIONS RELATING TO THE NATIONAL FAM2 ILY CAREGIVER SUPPORT PROGRAM.— 3 (1) IN GENERAL.—Section 372(a) (42 U.S.C. 4 3030s(a)) is amended— 5 (A) in paragraph (1)— 6 (i) in the first sentence, by striking 7 ‘‘The term’’ and inserting the following: 8 ‘‘(A) IN GENERAL.—The term’’; and 9 (ii) in subparagraph (A) (as so des10 ignated), in the second sentence— 11 (I) by striking the period at the 12 end and inserting ‘‘; and’’; 13 (II) by striking ‘‘Such assess14 ment shall be administered through’’ 15 and inserting the following: 16 ‘‘(B) ADMINISTRATION OF ASSESS17 MENTS.—A caregiver assessment under sub18 paragraph (A) shall— 19 ‘‘(i) be administered through’’; and 20 (III) by adding at the end the 21 following: 22 ‘‘(ii) take into account— 23 ‘‘(I) linguistic and cultural dif24 ferences; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01494 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1495. 1495 1 ‘‘(II) the ease for the caregiver to 2 access information, supports, or serv3 ices, and the timeliness of access to 4 such information, supports, or serv5 ices; 6 ‘‘(III) barriers to accessing infor7 mation, supports, or services; 8 ‘‘(IV) the availability of informa9 tion, supports, or services in accessible 10 formats; and 11 ‘‘(V) the quality of information, 12 supports, or services received, and the 13 degree to which it is helpful to the 14 caregiver.’’; 15 (B) by striking paragraph (2) and insert16 ing the following: 17 ‘‘(2) CHILD OR YOUTH.—The term ‘child or 18 youth’ means an individual who is not more than— 19 ‘‘(A) 18 years of age; or 20 ‘‘(B) 22 years of age, in the case of an in21 dividual who is enrolled in any form of school22 ing (including on a part-time basis), includ23 ing— 24 ‘‘(i) in high school or secondary school 25 (as such terms are defined in section 8101 VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01495 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1496. 1496 1 of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 7801)); or 3 ‘‘(ii) in an institution of higher edu4 cation (as defined in section 102 of the 5 Higher Education Act of 1965 (20 U.S.C. 6 1002)).’’; and 7 (C) in paragraph (4)(B)— 8 (i) in clause (i), by inserting ‘‘adult’’ 9 after ‘‘or other’’; and 10 (ii) by amending clause (iii) to read as 11 follows: 12 ‘‘(iii)(I) has a legal relationship to the 13 child or youth, such as legal custody, adop14 tion, or guardianship, or is raising the 15 child or youth informally; and 16 ‘‘(II) in the case of a child or youth de17 scribed in paragraph (2)(B) who is 18 years of 18 age or older, had established such a legal rela19 tionship, or began raising such child or youth 20 informally, prior to the child or youth reaching 21 the age of 18; and’’. 22 (2) CONFORMING AMENDMENTS.—Part E of 23 title III (42 U.S.C. 3030s et seq.) is amended— 24 (A) by inserting ‘‘or youth’’ after ‘‘child’’ 25 each place it appears (other than in sections VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01496 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1497. 1497 1 372(a)(2) (as amended by paragraph (1)(B)) 2 and 372(a)(4)(B)(iii) (as amended by para3 graph (1)(C)(ii))); and 4 (B) in section 373(c)(2)(B) (42 U.S.C. 5 3030s–1(c)(2)(B)), by inserting ‘‘or youth’’ 6 after ‘‘children’’. 7 (d) PROGRAM AUTHORIZED.—Section 373 (42 8 U.S.C. 3030s–1) is amended— 9 (1) in subsection (b)(3)— 10 (A) by inserting ‘‘which may include trau11 ma-informed services, peer supports,’’ after ‘‘in12 dividual counseling,’’; and 13 (B) by inserting ‘‘elder abuse prevention,’’ 14 after ‘‘nutrition,’’; 15 (2) in subsection (c)— 16 (A) in the subsection heading, by striking 17 ‘‘PRIORITY’’ and inserting ‘‘PRIORITY; CONSID18 ERATION’’; and 19 (B) by adding at the end the following: 20 ‘‘(3) CONSIDERATION.—In providing services 21 under this part, the State shall consider— 22 ‘‘(A) that older relative caregivers caring 23 for multiple children or youth may need greater 24 resources and supports; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01497 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1498. 1498 1 ‘‘(B) the circumstances and unique needs 2 of different types of caregivers, including the 3 needs of children or youth and their older rel4 ative caregivers whose families have been af5 fected by substance use disorder, including 6 opioid use disorder.’’; 7 (3) in subsection (e)— 8 (A) in the matter preceding paragraph (1), 9 by striking ‘‘Not later than’’ and all that fol10 lows through ‘‘the Assistant Secretary shall’’ 11 and inserting ‘‘The Assistant Secretary shall, 12 on a regular basis’’; 13 (B) in paragraph (1)— 14 (i) in subparagraph (B), by striking 15 ‘‘and’’ at the end; 16 (ii) by redesignating subparagraph 17 (C) as subparagraph (D); and 18 (iii) by inserting after subparagraph 19 (B) the following: 20 ‘‘(C) the use of caregiver assessments; 21 and’’; and 22 (C) in paragraph (2), by striking ‘‘make 23 available’’ and inserting ‘‘prepare, publish, and 24 disseminate’’; 25 (4) in subsection (i)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01498 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1499. 1499 1 (A) in paragraph (1), by inserting ‘‘, which 2 may include the improvement of the quality and 3 consistency of caregiver assessments and access 4 to other information, supports, or services’’ 5 after ‘‘section 631’’; and 6 (B) in paragraph (2), by inserting ‘‘(in7 cluding outcome measures)’’ after ‘‘program 8 evaluation’’; and 9 (5) in subsection (j)— 10 (A) in the matter preceding paragraph (1), 11 by striking ‘‘Not later than’’ and all that fol12 lows through ‘‘shall provide technical assist13 ance’’ and inserting ‘‘Beginning not later than 14 1 year after the date of enactment of the Older 15 Americans Act Reauthorization Act of 2024, 16 the Assistant Secretary, in consultation with 17 stakeholders with appropriate expertise and, as 18 appropriate, informed by the most recent strat19 egy developed under the RAISE Family Care20 givers Act (42 U.S.C. 3030s note) and the most 21 recent report developed under the Supporting 22 Grandparents Raising Grandchildren Act (Pub23 lic Law 115–196; 132 Stat. 1511), shall pro24 vide ongoing technical assistance’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01499 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1500. 1500 1 (B) in paragraph (2), by striking ‘‘and’’ at 2 the end; 3 (C) by redesignating paragraph (3) as 4 paragraph (4); and 5 (D) by inserting after paragraph (2) the 6 following: 7 ‘‘(3) the quality and consistency of caregiver as8 sessments used across States; and’’. 9 SEC. 402. EMPHASIZING RESPITE CARE. 10 Section 321(a)(19) (42 U.S.C. 3030d(a)(19)) is 11 amended to read as follows: 12 ‘‘(19) services, which may include respite care 13 through various models, designed to support family 14 members and other persons providing voluntary care 15 to older individuals that need long-term care serv16 ices, which may include older individuals with cog17 nitive impairments such as Alzheimer’s disease and 18 related disorders with neurological and organic brain 19 dysfunction;’’. 20 SEC. 403. CLARIFYING SUPPORTIVE SERVICES. 21 Section 321(a)(18) (42 U.S.C. 3030d(a)(18)) is 22 amended by striking ‘‘mentally impaired older individuals’’ 23 and inserting ‘‘older individuals with cognitive, physical, 24 or mental impairments’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01500 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1501. 1501 1 SEC. 404. DIRECT CARE WORKFORCE RESOURCE CENTER. 2 Section 411(a)(13) (42 U.S.C. 3032(a)(13)) is 3 amended— 4 (1) in subparagraph (B), by adding ‘‘and’’ at 5 the end; 6 (2) by redesignating subparagraphs (A) and 7 (B) as clauses (i) and (ii), respectively, and adjust8 ing the margins accordingly; 9 (3) in the matter preceding clause (i) (as so re10 designated)— 11 (A) by inserting ‘‘and, as appropriate, the 12 heads of other relevant Federal departments 13 and agencies’’ after ‘‘Labor’’; and 14 (B) by striking ‘‘workers, and the solic15 iting,’’ and inserting the following: ‘‘workers, 16 including— 17 ‘‘(A) the soliciting,’’; and 18 (4) by adding at the end the following: 19 ‘‘(B) the establishment and operation of a 20 national resource center that supports the 21 growth and professionalization of the direct 22 care workforce necessary to meet the needs of 23 older individuals and individuals with disabil24 ities, and, in a manner that does not unneces25 sarily duplicate the activities of other resource 26 centers supported by the Assistant Secretary, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01501 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1502. 1502 1 that addresses training and other educational 2 needs of family caregivers, which activities of 3 the center may include— 4 ‘‘(i) the provision of training and 5 technical assistance, including through the 6 development and dissemination of edu7 cational materials, to States, long-term 8 services and supports providers, direct care 9 workers, and family caregivers; and 10 ‘‘(ii) promoting existing, and sup11 porting the demonstration of new, strate12 gies for the recruitment, retention, career 13 development, or advancement of direct care 14 workers to reduce barriers to entry for a 15 diverse and high-quality direct care work16 force, including providing wages, benefits, 17 and advancement opportunities needed to 18 attract or retain direct care workers;’’. 19 SEC. 405. SUPPORTING GRANDPARENTS RAISING GRAND20 CHILDREN ACT. 21 (a) FINDINGS.—The Supporting Grandparents Rais22 ing Grandchildren Act (Public Law 115–196; 132 Stat. 23 1511) is amended by striking section 2. 24 (b) DEFINITIONS.—The Supporting Grandparents 25 Raising Grandchildren Act is amended by redesignating VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01502 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1503. 1503 1 section 4 as section 2 and moving the section so as to 2 follow section 1. 3 (c) ADVISORY COUNCIL.—Section 3 of the Sup4 porting Grandparents Raising Grandchildren Act is 5 amended— 6 (1) in subsection (b)— 7 (A) in paragraph (1)— 8 (i) by redesignating subparagraphs 9 (G) through (I) as subparagraphs (H) 10 through (J); 11 (ii) by inserting after subparagraph 12 (F) the following: 13 ‘‘(G) The Assistant Secretary for Health.’’; 14 (iii) in subparagraph (I), as so redes15 ignated, by striking ‘‘of children’’; and 16 (iv) in subparagraph (J), as so redes17 ignated, by striking ‘‘relatives’’ and insert18 ing ‘‘relative caregivers’’; and 19 (B) by adding at the end the following: 20 ‘‘(3) LIMITATION ON NON-FEDERAL MEM21 BERS.—Not more than 10 members of the Advisory 22 Council may be individuals who are not Federal offi23 cers or employees.’’; 24 (2) in subsection (c)— 25 (A) in paragraph (1)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01503 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1504. 1504 1 (i) in subparagraph (A)— 2 (I) in the matter preceding clause 3 (i), by striking ‘‘relatives’’ and insert4 ing ‘‘relative caregivers’’; and 5 (II) in clause (i)— 6 (aa) by striking ‘‘the 7 health,’’ and inserting ‘‘the near8 and long-term health, including 9 mental health,’’; and 10 (bb) by striking ‘‘care; and’’ 11 and inserting ‘‘care, including 12 any needs related to the cir13 cumstances that caused such 14 children to be raised by a grand15 parent or older relative caregiver; 16 and’’; and 17 (ii) in subparagraph (B)— 18 (I) by striking ‘‘(B)’’ and all that 19 follows through ‘‘In’’ and inserting 20 the following: 21 ‘‘(B) CONSIDERATIONS.—In’’; and 22 (II) by striking ‘‘needs of those 23 affected by the opioid crisis’’ and in24 serting ‘‘needs and challenges of indi25 viduals affected by substance use disVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01504 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1505. 1505 1 order, including opioid use disorder, 2 or, as applicable and appropriate, 3 needs and challenges of individuals re4 lated to other circumstances, which 5 may include public health emer6 gencies’’; 7 (B) in paragraph (2)— 8 (i) in subparagraph (A), in the matter 9 preceding clause (i), by striking ‘‘enact10 ment of this Act’’ and inserting ‘‘enact11 ment of the Older Americans Act Reau12 thorization Act of 2024’’; and 13 (ii) in subparagraph (B)— 14 (I) in clause (i)— 15 (aa) by striking ‘‘relatives’’ 16 and inserting ‘‘relative care17 givers’’; and 18 (bb) by striking ‘‘needs of 19 children’’ and all that follows 20 through ‘‘epidemic;’’ and insert21 ing ‘‘needs of children and their 22 older relative caregivers who have 23 been affected by substance use 24 disorder, including opioid use dis25 order;’’; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01505 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1506. 1506 1 (II) in clause (ii), by striking the 2 ‘‘and’’ at the end; 3 (III) by redesignating clause (iii) 4 as clause (iv); and 5 (IV) by inserting after clause (ii) 6 the following: 7 ‘‘(iii) a description of any activities of 8 the Department of Health and Human 9 Services to evaluate the effectiveness of 10 supportive services in addressing the needs 11 of children and their older relative care12 givers, including those who have been af13 fected by substance use disorder, including 14 opioid use disorder, and any related find15 ings; and’’; 16 (C) in paragraph (3)— 17 (i) in the matter preceding subpara18 graph (A)— 19 (I) by striking ‘‘(3)’’ and all that 20 follows through ‘‘Not’’ and inserting 21 the following: 22 ‘‘(3) FOLLOW-UP REPORTS.—Not’’; 23 (II) by striking ‘‘2 years’’ and in24 serting ‘‘180 days’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01506 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1507. 1507 1 (III) by inserting after ‘‘sub2 mitted,’’ the following: ‘‘and every 2 3 years thereafter until the Advisory 4 Council terminates under subsection 5 (f),’’; and 6 (D) in paragraph (4) by striking ‘‘rel7 atives’’ each place it appears and inserting ‘‘rel8 ative caregivers’’; 9 (3) in subsection (d), by striking ‘‘the Federal 10 Advisory Committee Act (5 U.S.C. App.).’’ and in11 serting ‘‘chapter 10 of title 5, United States Code.’’; 12 and 13 (4) in subsection (f), by striking ‘‘terminate’’ 14 and all that follows through ‘‘Act.’’ and inserting 15 ‘‘terminate on September 30, 2029.’’. 16 SEC. 406. RAISE FAMILY CAREGIVERS ACT. 17 (a) STRATEGY.—Section 3 of the RAISE Family 18 Caregivers Act (42 U.S.C. 3030s note) is amended— 19 (1) in subsection (c)— 20 (A) in the matter preceding paragraph (1), 21 by inserting ‘‘(or the Secretary’s designee)’’ 22 after ‘‘The Secretary’’; and 23 (B) in paragraph (1), by inserting ‘‘and 24 made publicly available by the Secretary,’’ after 25 ‘‘caregiver programs,’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01507 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1508. 1508 1 (2) in subsection (d)(2), by inserting ‘‘in’’ after 2 ‘‘caregiver programs’’. 3 (b) COUNCIL.—Section 4(e) of that Act (42 U.S.C. 4 3030s note) is amended by striking ‘‘The Federal Advi5 sory Committee Act (5 U.S.C. App.)’’ and inserting 6 ‘‘Chapter 10 of title 5, United States Code,’’. 7 (c) SUNSET EXTENSION.—Section 6 of that Act (42 8 U.S.C. 3030s note) is amended by striking ‘‘terminate’’ 9 and all that follows through ‘‘Act.’’ and inserting ‘‘termi10 nate on September 30, 2029.’’. 11 TITLE V—COMMUNITY SERVICE 12 SENIOR OPPORTUNITIES ACT 13 SEC. 501. IMPROVING THE COMMUNITY SERVICE EMPLOY14 MENT PROGRAM. 15 (a) PROGRAM.—Section 502(b)(1) (42 U.S.C. 16 3056(b)(1)) is amended— 17 (1) in subparagraph (C)(ii), by striking ‘‘section 18 513(a)(2)(E)’’ and inserting ‘‘section 513(a)(2)(F)’’; 19 and 20 (2) in subparagraph (E), by inserting ‘‘older in21 dividuals,’’ after ‘‘youth,’’. 22 (b) PERFORMANCE.—Section 513 (42 U.S.C. 3056k) 23 is amended— 24 (1) in subsection (a)(2)— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01508 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1509. 1509 1 (A) in subparagraph (D)(iii), by inserting 2 ‘‘, including toward the long-term performance 3 goals determined by the Department of Labor 4 under the Government Performance and Re5 sults Act of 1993 (Public Law 103–62; 107 6 Stat. 285) and the amendments made by such 7 Act,’’ after ‘‘core measures’’; 8 (B) by redesignating subparagraph (E) as 9 subparagraph (F); and 10 (C) by inserting after subparagraph (D) 11 the following: 12 ‘‘(E) BIENNIAL REPORT.—Not later than 13 2 years after the date of enactment of the Older 14 Americans Act Reauthorization Act of 2024, 15 and every 2 years thereafter during the period 16 of the program described in section 502(a)(1), 17 the Secretary shall prepare, make publicly avail18 able, and submit to the Committee on Health, 19 Education, Labor, and Pensions and the Spe20 cial Committee on Aging of the Senate and the 21 Committee on Education and the Workforce of 22 the House of Representatives a report regard23 ing the methodology used to arrive at the ex24 pected levels of performance described in sub25 paragraph (B) for each grantee, including the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01509 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1510. 1510 1 particular statistical model used and other fac2 tors taken into account, as described in sub3 paragraph (D).’’; 4 (2) in subsection (b)(1)(C), by striking ‘‘fourth 5 quarter after exit from the project’’ and inserting 6 ‘‘second quarter after exit from the project and re7 main in unsubsidized employment during the fourth 8 quarter after exit from the project’’; 9 (3) in subsection (c) and paragraphs (1)(A), 10 (2)(A), and (3)(A) of subsection (d), by striking 11 ‘‘subsection (a)(2)(E)’’ and inserting ‘‘subsection 12 (a)(2)(F)’’; and 13 (4) in subsection (d)— 14 (A) in paragraph (2)(B)(iii), by adding at 15 the end the following: ‘‘For grants awarded on 16 or after the date that is 2 years after the date 17 of enactment of the Older Americans Act Reau18 thorization Act of 2024, any grantee who has 19 failed to meet the expected levels of perform20 ance for the 2 consecutive years prior to the 21 subsequent grant competition under section 514 22 shall not be allowed to compete in the subse23 quent grant competition under section 514 fol24 lowing the second consecutive year of failure 25 but may compete in the next such grant comVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01510 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1511. 1511 1 petition after that subsequent competition.’’; 2 and 3 (B) in paragraph (3)(B)(iii), by adding at 4 the end the following: ‘‘For grants awarded on 5 or after the date that is 2 years after the date 6 of enactment of the Older Americans Act Reau7 thorization Act of 2024, if the Secretary deter8 mines that the State fails to meet the expected 9 levels of performance described in subparagraph 10 (A) for 2 consecutive program years, the Sec11 retary shall provide for the conduct by the 12 State of a competition to award the funds allot13 ted to the State under section 506(e) for the 14 first full program year following the Secretary’s 15 determination.’’. 16 (c) DEFINITIONS AND RULE.— 17 (1) DEFINITIONS.—Section 518(a)(1)(A) (42 18 U.S.C. 3056p(a)(1)(A)) is amended to read as fol19 lows: 20 ‘‘(A) social, health, welfare, and edu21 cational services (including literacy tutoring and 22 services provided by the aging network), legal 23 and other counseling services and assistance 24 (including tax counseling and assistance and fiVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01511 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1512. 1512 1 nancial counseling), and library, recreational, 2 and other similar services;’’. 3 (2) RULE.—Section 518(b)(2)(F) (42 U.S.C. 4 3056p(b)(2)(F)) is amended to read as follows: 5 ‘‘(F) has failed to find employment after receiv6 ing any combination of training services or the fol7 lowing career services provided under title I of the 8 Workforce Innovation and Opportunity Act (29 9 U.S.C. 3111 et seq.)— 10 ‘‘(i) initial or comprehensive skills assess11 ment; 12 ‘‘(ii) labor exchange services; 13 ‘‘(iii) provision of workforce and labor mar14 ket information or job search assistance; 15 ‘‘(iv) development of an individual employ16 ment plan; 17 ‘‘(v) group or individual counseling; 18 ‘‘(vi) career planning; 19 ‘‘(vii) internship, work experience, work20 force preparation activities, or prevocational 21 services; 22 ‘‘(viii) English language acquisition and in23 tegrated education and training; or 24 ‘‘(ix) followup services;’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01512 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1513. 1513 1 SEC. 502. GAO REPORT ON ALIGNMENT WITHIN THE COM2 MUNITY SERVICE EMPLOYMENT PROGRAM. 3 (a) REVIEW.—Not later than 18 months after the 4 date of enactment of this Act, the Comptroller General 5 of the United States shall complete a review in which the 6 Comptroller General— 7 (1) evaluates— 8 (A) the distinct differences and similarities 9 between the older American community service 10 employment program as authorized under title 11 V of the Older Americans Act of 1965 (42 12 U.S.C. 3056 et seq.) and the programs carried 13 out under title I of the Workforce Innovation 14 and Opportunity Act (29 U.S.C. 3111 et seq.); 15 and 16 (B) how the programs described in sub17 paragraph (A) serve older individuals in seeking 18 and obtaining community service employment; 19 (2) analyzes the expected levels of performance 20 described in section 513(a) of the Older Americans 21 Act of 1965 (42 U.S.C. 3056k(a)), the efficacy and 22 impacts of the indicators of performance described 23 in section 513(b) of the Older Americans Act of 24 1965 (42 U.S.C. 3056k(b)), and corrective measures 25 described in section 513(d) of the Older Americans 26 Act of 1965 (42 U.S.C. 3056k(d)) for the older VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01513 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1514. 1514 1 American community service employment program, 2 compared with the expected levels of performance, 3 efficacy and impacts of the indicators of perform4 ance, and corrective measures described in section 5 116 of the Workforce Innovation and Opportunity 6 Act (29 U.S.C. 3141) for programs authorized 7 under title I of such Act, including the efficacy of 8 the indicators of performance described in section 9 513(b) of the Older Americans Act of 1965 (42 10 U.S.C. 3056k(b)) for individuals described in sub11 section (a)(3)(B)(ii) or subsection (b) of section 518 12 of the Older Americans Act of 1965 (42 U.S.C. 13 3056p); 14 (3) develops recommendations for any alter15 native measures that may better measure the effi16 cacy of the older American community service em17 ployment program as authorized under title V of the 18 Older Americans Act of 1965 (42 U.S.C. 3056 et 19 seq.) for individuals described in subsection 20 (a)(3)(B)(ii) or subsection (b) of section 518 of the 21 Older Americans Act of 1965 (42 U.S.C. 3056p) to 22 achieve the objectives described in section 101 of the 23 Older Americans Act of 1965 (42 U.S.C. 3001); and 24 (4) evaluates how the Department of Labor co25 ordinates delivery of services with State and national VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01514 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1515. 1515 1 grantees under title V of the Older Americans Act 2 of 1965 (42 U.S.C. 3056 et seq.) and with States 3 and local workforce development areas under title I 4 of the Workforce Innovation and Opportunity Act 5 (29 U.S.C. 3111 et seq.) to serve older individuals. 6 (b) REPORT TO CONGRESS.—Not later than 180 days 7 after the review required under this section is completed, 8 the Comptroller General shall submit to the Committee 9 on Health, Education, Labor, and Pensions and the Spe10 cial Committee on Aging of the Senate and the Committee 11 on Education and the Workforce of the House of Rep12 resentatives a report on the results of such review. 13 TITLE VI—IMPROVING SERVICES 14 FOR NATIVE ELDERS 15 SEC. 601. OLDER AMERICANS TRIBAL ADVISORY COM16 MITTEE. 17 Section 201(c) (42 U.S.C. 3011(c)) is amended by 18 adding at the end the following: 19 ‘‘(4)(A) In addition to other methods of govern20 ment-to-government consultation between the Ad21 ministration and Indian Tribes and conferring with 22 organizations representing Native Hawaiians, the 23 Assistant Secretary shall establish an advisory com24 mittee, to be known as the ‘Older Americans Tribal 25 Advisory Committee’ (referred to in this paragraph VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01515 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1516. 1516 1 as the ‘Committee’) to provide advice and guidance 2 to the Assistant Secretary on matters relating to the 3 needs of older individuals who are Native Americans 4 and implementation of related programs and activi5 ties under this Act. 6 ‘‘(B) The Committee shall be composed of 11 voting, 7 non-Federal members, including— 8 ‘‘(i) geographically diverse individuals with ex9 pertise on the range of issues affecting Indian 10 Tribes, organizations representing Native Hawai11 ians, and older individuals who are Native Ameri12 cans; 13 ‘‘(ii) not less than 1 member who is an Alaska 14 Native; and 15 ‘‘(iii) not less than 1 member who is a Native 16 Hawaiian. 17 ‘‘(C) The Committee shall include non-voting, ex offi18 cio representatives of relevant Federal departments and 19 agencies, including— 20 ‘‘(i) the Administration; 21 ‘‘(ii) the Indian Health Service; 22 ‘‘(iii) the Centers for Medicare & Medicaid 23 Services; 24 ‘‘(iv) the Department of the Interior; 25 ‘‘(v) the Department of Labor; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01516 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1517. 1517 1 ‘‘(vi) any other agency or office with subject 2 matter expertise that the Assistant Secretary deter3 mines appropriate. 4 ‘‘(D) The Committee shall meet in person not less 5 frequently than twice each year. 6 ‘‘(E) The Committee shall coordinate, as appropriate, 7 with the Secretary’s Tribal Advisory Committee of the De8 partment of Health and Human Services. 9 ‘‘(F)(i) Not less frequently than once each year, the 10 Committee shall submit to the Assistant Secretary and 11 make publicly available a report that describes— 12 ‘‘(I) the activities of the Committee during the pre13 vious year; and 14 ‘‘(II) recommendations for administrative action, in15 cluding the identification of any statutory barriers to car16 rying out such recommendations, for the following year. 17 ‘‘(ii) Not later than 60 days after the date on which 18 the Assistant Secretary receives a report under clause (i), 19 the Assistant Secretary shall submit to the Committee a 20 written response to such report. 21 ‘‘(G) Chapter 10 of title 5, United States Code, shall 22 not apply to the Committee. 23 ‘‘(H) In establishing, developing procedures for, and 24 operating the Committee, the Assistant Secretary shall— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01517 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1518. 1518 1 ‘‘(i) consult with Indian Tribes and confer with orga2 nizations representing Native Hawaiians; and 3 ‘‘(ii) take into consideration best practices of other 4 Tribal advisory committees operated by the Department 5 of Health and Human Services before the date of enact6 ment of the Older Americans Act Reauthorization Act of 7 2024.’’. 8 SEC. 602. SUPPORTIVE SERVICES; SET ASIDE. 9 (a) SUPPORTIVE SERVICES.—Section 636 (42 U.S.C. 10 3057k–21) is amended— 11 (1) in subsection (a), by striking ‘‘may’’ and in12 serting ‘‘shall, as practicable,’’; and 13 (2) in subsection (b)(2), by striking ‘‘in-home 14 assistance’’ and inserting ‘‘in-home services’’. 15 (b) FUNDING SET ASIDE.—Section 644 (42 U.S.C. 16 3057o) is amended— 17 (1) by striking ‘‘Of’’ and inserting the fol18 lowing: 19 ‘‘(a) IN GENERAL.—Of’’; and 20 (2) by adding at the end the following: 21 ‘‘(b) REPORT.—Not later than 1 year after the date 22 of enactment of the Older Americans Act Reauthorization 23 Act of 2024, the Assistant Secretary shall submit to the 24 Committee on Health, Education, Labor, and Pensions of 25 the Senate and the Committee on Education and the VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01518 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1519. 1519 1 Workforce of the House of Representatives, a report on 2 the use of funds under part D. Such report shall include— 3 ‘‘(1) the total amount of funds made available 4 under subsection (a) to carry out part D for each 5 fiscal year; 6 ‘‘(2) a list of award recipients under part D; 7 and 8 ‘‘(3) a summary of supportive services for 9 healthy aging and independence provided under part 10 D.’’. 11 SEC. 603. GAO REPORT ON TRIBAL SERVICES. 12 Not later than 18 months after the date of enactment 13 of this Act, the Comptroller General of the United States 14 shall submit to Congress a report that— 15 (1) evaluates and identifies barriers to Indian 16 Tribes (as defined in section 4 of the Indian Self17 Determination and Education Assistance Act (25 18 U.S.C. 5304)) and organizations serving Native Ha19 waiians accessing programs under title VI of the 20 Older Americans Act of 1965 (42 U.S.C. 3057 et 21 seq.), and coordination of such programs under such 22 title VI with programs funded under titles III and 23 IV of such Act (42 U.S.C. 3021 et seq., 42 U.S.C. 24 3031 et seq.), including by— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01519 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1520. 1520 1 (A) estimating the number of Native 2 Americans unserved by programs under such 3 title VI; 4 (B) identifying States and area agencies 5 on aging making grants to Indian Tribes under 6 such title III; and 7 (C) providing estimates of funding nec8 essary to support programs under such title VI 9 for all Tribal organizations (as defined in sec10 tion 4 of the Indian Self-Determination and 11 Education Assistance Act (25 U.S.C. 5304)) 12 and organizations serving Native Hawaiians 13 that are not eligible under such title VI (as in 14 effect on the date of enactment of this Act); 15 and 16 (2) details how grantees under title V of the 17 Older Americans Act of 1965 (42 U.S.C. 3056 et 18 seq.) are serving older individuals who are Native 19 Americans with funds received under such title V, 20 including by evaluating how the Secretary of Labor 21 coordinates with State and national grantees under 22 such title V to serve older individuals who are Native 23 Americans. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01520 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1521. 1521 1 SEC. 604. TECHNICAL AMENDMENTS. 2 The Older Americans Act of 1965 (42 U.S.C. 3001 3 et seq.) is amended— 4 (1) in section 102 (42 U.S.C. 3002)— 5 (A) in paragraph (27), by striking ‘‘the 6 term ‘Indian tribe’ means any tribe’’ and insert7 ing ‘‘the term ‘Indian Tribe’ means any Tribe’’; 8 and 9 (B) in paragraph (56), by striking ‘‘the 10 term ‘tribal organization’ means’’ and inserting 11 ‘‘the term ‘Tribal organization’ means’’; 12 (2) in section 418(a)(2)(6) (42 U.S.C. 13 3032g(a)(2)(6)), by striking ‘‘Speaker of the House 14 of Representatives and the President pro tempore of 15 the Senate’’ and inserting ‘‘Committee on Health, 16 Education, Labor, and Pensions of the Senate and 17 the Committee on Education and the Workforce of 18 the House of Representatives’’; 19 (3) in section 612(c) (42 U.S.C. 3057c(c))— 20 (A) by striking ‘‘terms ‘Indian tribe’ and 21 ‘tribal organization’ have’’ and inserting ‘‘terms 22 ‘Indian Tribe’ and ‘Tribal organization’ have’’; 23 and 24 (B) by striking ‘‘(25 U.S.C. 450b)’’ and 25 inserting ‘‘(25 U.S.C. 5304)’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01521 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1522. 1522 1 (4) by striking ‘‘tribe’’, ‘‘tribes’’, and ‘‘tribal’’ 2 each place such terms appear and inserting ‘‘Tribe’’, 3 ‘‘Tribes’’, and ‘‘Tribal’’, respectively. 4 TITLE VII—STRENGTHENING 5 THE LONG-TERM CARE OM6 BUDSMAN PROGRAMS AND 7 ELDER ABUSE PREVENTION 8 SEC. 701. DIRECTOR OF THE OFFICE OF LONG-TERM CARE 9 OMBUDSMAN PROGRAMS. 10 Section 201(d)(2)(A) (42 U.S.C. 3011(d)(2)(A)) is 11 amended, in the second sentence, by inserting ‘‘serve on 12 a full-time basis and’’ after ‘‘shall’’. 13 SEC. 702. LEGAL ASSISTANCE TRAINING RESOURCES RE14 LATING TO ELDER ABUSE PREVENTION. 15 Section 201(e)(2)(A) (42 U.S.C. 3011(e)(2)(A)) is 16 amended by striking clause (v) and inserting the following: 17 ‘‘(v) establishing an information clear18 inghouse to collect, maintain, and dissemi19 nate information concerning best practices 20 and resources for training, technical assist21 ance, and other activities, which may in22 clude training resources for paralegals or 23 law students who are under the direct su24 pervision of an attorney, to assist State 25 Long-Term Care Ombudsman programs, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01522 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1523. 1523 1 adult protective services programs, and 2 other legal services relating to defense of 3 guardianship, promotion of self-determina4 tion, and the matters described in clause 5 (ii)(I), and to assist States and commu6 nities to carry out evidence-based programs 7 to prevent and address elder abuse, ne8 glect, and exploitation;’’. 9 SEC. 703. IMPROVING TRAINING OF VOLUNTEERS UNDER 10 THE STATE LONG-TERM CARE OMBUDSMAN 11 PROGRAM. 12 Section 712 (42 U.S.C. 3058g) is amended— 13 (1) in subsection (h)(5)— 14 (A) in the matter preceding subparagraph 15 (A)— 16 (i) by striking ‘‘the representatives’’ 17 and inserting ‘‘each type of representa18 tive’’; and 19 (ii) by inserting ‘‘types of’’ before 20 ‘‘unpaid volunteers’’; 21 (B) in subparagraph (A), by inserting ‘‘for 22 each such type of representative’’ before the 23 semicolon at the end; 24 (C) in subparagraph (B)(iii), by striking 25 ‘‘and’’ at the end; VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01523 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1524. 1524 1 (D) in subparagraph (C), by adding ‘‘and’’ 2 at the end; and 3 (E) by adding at the end the following: 4 ‘‘(D) with respect to representatives of the 5 Office who are unpaid volunteers, take into con6 sideration the degree to which each such type of 7 unpaid volunteer performs activities requiring 8 specialized training, with a goal of reducing un9 necessary training requirements for prospective 10 unpaid volunteers;’’; and 11 (2) by adding at the end the following: 12 ‘‘(k) TRAINING REQUIREMENTS FOR UNPAID VOL13 UNTEERS.— 14 ‘‘(1) IN GENERAL.—In providing the model 15 standards described in subsection (h)(5), the Direc16 tor of the Office of Long-Term Care Ombudsman 17 Programs shall review and, as necessary, update 18 such model standards on a regular basis to tailor 19 such model standards to the individualized training 20 needs of each type of representative of the Office, in21 cluding each type of unpaid volunteer. 22 ‘‘(2) CONSIDERATIONS.—In carrying out para23 graph (1), the Director of the Office of Long-Term 24 Care Ombudsman Programs shall take into consider25 ation the degree to which each type of representative VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01524 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1525. 1525 1 of the Office performs activities that require special2 ized training, with a goal of reducing unnecessary 3 training requirements for unpaid volunteers.’’. 4 SEC. 704. REPORTING ON STATE LONG-TERM CARE OM5 BUDSMAN PROGRAMS. 6 Chapter 2 of subtitle A of title VII (42 U.S.C. 3058f 7 et seq.) is amended by adding at the end the following: 8 ‘‘SEC. 714. REPORTS TO CONGRESS. 9 ‘‘Each year, the Assistant Secretary shall submit to 10 the Committee on Health, Education, Labor, and Pen11 sions and the Special Committee on Aging of the Senate 12 and the Committee on Education and the Workforce of 13 the House of Representatives, and make publicly available, 14 a report that— 15 ‘‘(1) aggregates all reports submitted under sec16 tion 712(h) for such year; and 17 ‘‘(2) provides a summary of the findings of 18 such reports.’’. 19 SEC. 705. STUDY ON STATE LONG-TERM CARE OMBUDSMAN 20 PROGRAMS. 21 (a) IN GENERAL.—The Assistant Secretary shall 22 seek to enter into a contract with the National Academies 23 of Sciences, Engineering, and Medicine (referred to in this 24 section as the ‘‘National Academies’’) to conduct a study 25 on the State Long-Term Care Ombudsman programs carVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01525 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1526. 1526 1 ried out under the Older Americans Act of 1965 (42 2 U.S.C. 3001 et seq.), including an assessment of the effec3 tiveness of such programs and any related challenges and 4 recommendations. The study shall include an assessment 5 of the current (as of the date on which the contract is 6 entered into) recommended staff-to-bed ratio for such pro7 grams, as appropriate. 8 (b) REPORT.—Not later than 18 months after the 9 date on which a contract is entered into under subsection 10 (a), the National Academies shall publicly issue a report 11 on the findings of the study under this section. 12 TITLE VIII—AUTHORIZATIONS 13 OF APPROPRIATIONS 14 SEC. 801. ADMINISTRATION ON AGING. 15 Section 216 (42 U.S.C. 3020f) is amended— 16 (1) in subsection (a), by striking 17 ‘‘$43,937,410’’ and all that follows through ‘‘fiscal 18 year 2024’’ and inserting ‘‘$55,469,968 for fiscal 19 year 2025, $55,469,968 for fiscal year 2026, 20 $55,469,968 for fiscal year 2027, $55,469,968 for 21 fiscal year 2028, and $55,469,968 for fiscal year 22 2029’’; and 23 (2) in subsection (b)— 24 (A) in paragraph (1), by striking 25 ‘‘$2,180,660’’ and all that follows through ‘‘fisVerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01526 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1527. 1527 1 cal year 2024’’ and inserting ‘‘$2,753,033 for 2 fiscal year 2025, $2,753,033 for fiscal year 3 2026, $2,753,033 for fiscal year 2027, 4 $2,753,033 for fiscal year 2028, and 5 $2,753,033 for fiscal year 2029’’; 6 (B) in paragraph (2), by striking 7 ‘‘$1,988,060’’ and all that follows through ‘‘fis8 cal year 2024’’ and inserting ‘‘$2,509,880 for 9 fiscal year 2025, $2,509,880 for fiscal year 10 2026, $2,509,880 for fiscal year 2027, 11 $2,509,880 for fiscal year 2028, and 12 $2,509,880 for fiscal year 2029’’; 13 (C) in paragraph (3), by striking 14 ‘‘$1,371,740’’ and all that follows through ‘‘fis15 cal year 2024’’ and inserting ‘‘$1,731,790 for 16 fiscal year 2025, $1,731,790 for fiscal year 17 2026, $1,731,790 for fiscal year 2027, 18 $1,731,790 for fiscal year 2028, and 19 $1,731,790 for fiscal year 2029’’; and 20 (D) in paragraph (4), by striking 21 ‘‘$8,687,330’’ and all that follows through ‘‘fis22 cal year 2024’’ and inserting ‘‘$10,967,554 for 23 fiscal year 2025, $10,967,554 for fiscal year 24 2026, $10,967,554 for fiscal year 2027, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01527 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1528. 1528 1 $10,967,554 for fiscal year 2028, and 2 $10,967,554 for fiscal year 2029’’. 3 SEC. 802. GRANTS FOR STATE AND COMMUNITY PROGRAMS 4 ON AGING. 5 (a) IN GENERAL.—Section 303 (42 U.S.C. 3023) is 6 amended— 7 (1) in subsection (a)(1), by striking 8 ‘‘$412,029,180’’ and all that follows through ‘‘fiscal 9 year 2024’’ and inserting ‘‘$520,177,347 for fiscal 10 year 2025, $520,177,347 for fiscal year 2026, 11 $520,177,347 for fiscal year 2027, $520,177,347 for 12 fiscal year 2028, and $520,177,347 for fiscal year 13 2029’’; 14 (2) in subsection (b)— 15 (A) in paragraph (1), by striking 16 ‘‘$530,015,940’’ and all that follows through 17 ‘‘fiscal year 2024’’ and inserting ‘‘$669,132,913 18 for fiscal year 2025, $669,132,913 for fiscal 19 year 2026, $669,132,913 for fiscal year 2027, 20 $669,132,913 for fiscal year 2028, and 21 $669,132,913 for fiscal year 2029’’; and 22 (B) in paragraph (2), by striking 23 ‘‘$268,935,940’’ and all that follows through 24 ‘‘fiscal year 2024’’ and inserting ‘‘$381,342,000 25 for fiscal year 2025, $381,342,000 for fiscal VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01528 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1529. 1529 1 year 2026, $381,342,000 for fiscal year 2027, 2 $381,342,000 for fiscal year 2028, and 3 $381,342,000 for fiscal year 2029’’; 4 (3) in subsection (d), by striking 5 ‘‘$26,587,360’’ and all that follows through ‘‘fiscal 6 year 2024’’ and inserting ‘‘$33,565,929 for fiscal 7 year 2025, $33,565,929 for fiscal year 2026, 8 $33,565,929 for fiscal year 2027, $33,565,929 for 9 fiscal year 2028, and $33,565,929 for fiscal year 10 2029’’; and 11 (4) in subsection (e), by striking 12 ‘‘$193,869,020’’ and all that follows through ‘‘fiscal 13 year 2024’’ and inserting ‘‘$244,755,171 for fiscal 14 year 2025, $244,755,171 for fiscal year 2026, 15 $244,755,171 for fiscal year 2027, $244,755,171 for 16 fiscal year 2028, and $244,755,171 for fiscal year 17 2029’’. 18 (b) NUTRITION SERVICES INCENTIVE PROGRAM.— 19 Section 311(e) (42 U.S.C. 3030a(e)) is amended by strik20 ing ‘‘$171,273,830’’ and all that follows through ‘‘fiscal 21 year 2024’’ and inserting ‘‘$216,229,264 for fiscal year 22 2025, $216,229,264 for fiscal year 2026, $216,229,264 23 for fiscal year 2027, $216,229,264 for fiscal year 2028, 24 and $216,229,264 for fiscal year 2029’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01529 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1530. 1530 1 SEC. 803. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND 2 LONGEVITY. 3 Section 411(b) (42 U.S.C. 3032(b)) is amended— 4 (1) in paragraph (1), by striking 5 ‘‘$14,514,550’’ and all that follows through ‘‘fiscal 6 year 2024’’ and inserting ‘‘$26,564,974 for fiscal 7 year 2025, $26,564,974 for fiscal year 2026, 8 $26,564,974 for fiscal year 2027, $26,564,974 for 9 fiscal year 2028, and $26,564,974 for fiscal year 10 2029’’; and 11 (2) in paragraph (2), by striking 12 ‘‘$15,613,440’’ and all that follows through ‘‘fiscal 13 year 2024’’ and inserting ‘‘$19,711,608 for fiscal 14 year 2025, $19,711,608 for fiscal year 2026, 15 $19,711,608 for fiscal year 2027, $19,711,608 for 16 fiscal year 2028, and $19,711,608 for fiscal year 17 2029’’. 18 SEC. 804. COMMUNITY SERVICE SENIOR OPPORTUNITIES 19 ACT. 20 Section 517(a) (42 U.S.C. 3056o(a)) is amended by 21 striking ‘‘$428,000,000’’ and all that follows through ‘‘fis22 cal year 2024’’ and inserting ‘‘$540,340,139 for fiscal 23 year 2025, $540,340,139 for fiscal year 2026, 24 $540,340,139 for fiscal year 2027, $540,340,139 for fis25 cal year 2028, and $540,340,139 for fiscal year 2029’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01530 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1531. 1531 1 SEC. 805. GRANTS FOR NATIVE AMERICANS. 2 Section 643 (42 U.S.C. 3057n) is amended— 3 (1) in paragraph (1), by striking 4 ‘‘$37,102,560’’ and all that follows through ‘‘fiscal 5 year 2024’’ and inserting ‘‘$47,028,435 for fiscal 6 year 2025, $47,028,435 for fiscal year 2026, 7 $47,028,435 for fiscal year 2027, $47,028,435 for 8 fiscal year 2028, and $47,028,435 for fiscal year 9 2029’’; and 10 (2) in paragraph (2), by striking 11 ‘‘$10,759,920’’ and all that follows through ‘‘fiscal 12 year 2024’’ and inserting ‘‘$13,584,151 for fiscal 13 year 2025, $13,584,151 for fiscal year 2026, 14 $13,584,151 for fiscal year 2027, $13,584,151 for 15 fiscal year 2028, and $13,584,151 for fiscal year 16 2029’’. 17 SEC. 806. ALLOTMENTS FOR ELDER RIGHTS PROTECTION 18 ACTIVITIES. 19 Section 702 (42 U.S.C. 3058a) is amended— 20 (1) in subsection (a), by striking 21 ‘‘$18,066,950’’ and all that follows through ‘‘fiscal 22 year 2024’’ and inserting ‘‘$22,809,108 for fiscal 23 year 2025, $22,809,108 for fiscal year 2026, 24 $22,809,108 for fiscal year 2027, $22,809,108 for 25 fiscal year 2028, and $22,809,108 for fiscal year 26 2029’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01531 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1532. 1532 1 (2) in subsection (b), by striking ‘‘$5,107,110’’ 2 and all that follows through ‘‘fiscal year 2024’’ and 3 inserting ‘‘$6,447,609 for fiscal year 2025, 4 $6,447,609 for fiscal year 2026, $6,447,609 for fis5 cal year 2027, $6,447,609 for fiscal year 2028, and 6 $6,447,609 for fiscal year 2029’’. 7 DIVISION H—EXTENSION OF 8 AGRICULTURAL PROGRAM 9 SEC. 1. EXTENSION OF AGRICULTURAL PROGRAMS. 10 (a) EXTENSION.— 11 (1) IN GENERAL.—Except as otherwise pro12 vided in this section and the amendments made by 13 this section, notwithstanding any other provision of 14 law, the authorities (including any limitations on 15 such authorities) provided by each provision of the 16 Agriculture Improvement Act of 2018 (Public Law 17 115–334; 132 Stat. 4490) and each provision of law 18 amended by that Act (and for mandatory programs 19 at such funding levels) as in effect (including pursu20 ant to section 102 of division B of the Further Con21 tinuing Appropriations and Other Extensions Act, 22 2024 (Public Law 118–22)) on September 30, 2024, 23 shall continue and be carried out until the date spec24 ified in paragraph (2). VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01532 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1533. 1533 1 (2) DATE SPECIFIED.—With respect to an au2 thority described in paragraph (1), the date specified 3 in this paragraph is the later of— 4 (A) September 30, 2025; 5 (B) the date specified with respect to such 6 authority in the Agriculture Improvement Act 7 of 2018 (Public Law 115–334; 132 Stat. 4490) 8 or a provision of law amended by that Act 9 (Public Law 115–334; 132 Stat. 4490); or 10 (C) the date in effect with respect to such 11 authority pursuant to section 102 of division B 12 of the Further Continuing Appropriations and 13 Other Extensions Act, 2024 (Public Law 118– 14 22). 15 (b) DISCRETIONARY PROGRAMS.—Programs carried 16 out using the authorities described in subsection (a)(1) 17 that are funded by discretionary appropriations (as de18 fined in section 250(c) of the Balanced Budget and Emer19 gency Deficit Control Act of 1985 (2 U.S.C. 900(c))) shall 20 be subject to the availability of appropriations. 21 (c) COMMODITY PROGRAMS.— 22 (1) IN GENERAL.—The provisions of law appli23 cable to a covered commodity (as defined in section 24 1111 of the Agricultural Act of 2014 (7 U.S.C. 25 9011)), a loan commodity (as defined in section VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01533 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1534. 1534 1 1201 of that Act (7 U.S.C. 9031)), sugarcane, or 2 sugar beets for the 2024 crop year pursuant to title 3 I of that Act (7 U.S.C. 9011 et seq.), each amend4 ment made by subtitle C of title I of the Agriculture 5 Improvement Act of 2018 (Public Law 115–334; 6 132 Stat. 4511), and section 102 of division B of 7 the Further Continuing Appropriations and Other 8 Extensions Act, 2024 (Public Law 118–22) shall be 9 applicable to the 2025 crop year for that covered 10 commodity, loan commodity, sugarcane, or sugar 11 beets. 12 (2) EXTRA LONG STAPLE COTTON.—Section 13 1208(a) of the Agricultural Act of 2014 (7 U.S.C. 14 9038 (a)) is amended by striking ‘‘2024’’ and insert15 ing ‘‘2026’’. 16 (3) EXTENSION OF PAYMENT AMOUNT.—Sec17 tion 1116(d) of the Agricultural Act of 2014 (7 18 U.S.C. 9016(d)) is amended, in the matter pre19 ceding paragraph (1), by striking ‘‘2024’’ and in20 serting ‘‘2025’’. 21 (4) DAIRY.— 22 (A) DAIRY MARGIN COVERAGE.— 23 (i) DURATION.—Section 1409 of the 24 Agricultural Act of 2014 (7 U.S.C. 9059) 25 is amended by striking ‘‘December 31, VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01534 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1535. 1535 1 2024’’ and inserting ‘‘December 31, 2 2025’’. 3 (ii) AVAILABILITY OF PREMIUM DIS4 COUNT.—With respect to coverage for cal5 endar year 2025, section 1407(g) of the 6 Agricultural Act of 2014 (7 U.S.C. 7 9057(g)) shall only apply to a participating 8 dairy operation with respect to which the 9 premium was reduced in accordance with 10 that section (as applied to such partici11 pating dairy operation pursuant to section 12 102(c)(2)(B)(ii) of division B of the Fur13 ther Continuing Appropriations and Other 14 Extensions Act, 2024 (Public Law 118– 15 22)) for calendar year 2024. 16 (B) DAIRY FORWARD PRICING PROGRAM.— 17 Section 1502(e)(2) of the Food, Conservation, 18 and Energy Act of 2008 (7 U.S.C. 8772(e)(2)) 19 is amended by striking ‘‘2027’’ and inserting 20 ‘‘2028’’. 21 (5) SUSPENSION OF PERMANENT PRICE SUP22 PORT AUTHORITIES.—The provisions of law specified 23 in— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01535 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1536. 1536 1 (A) subsections (a) and (b) of section 1602 2 of the Agricultural Act of 2014 (7 U.S.C. 3 9092)— 4 (i) shall not be applicable to the 2025 5 crops of covered commodities (as defined 6 in section 1111 of that Act (7 U.S.C. 7 9011)), cotton, and sugar; and 8 (ii) shall not be applicable to milk 9 through December 31, 2025; and 10 (B) section 1602(c) of that Act (7 U.S.C. 11 9092(c)) shall not be applicable to the crops of 12 wheat planted for harvest in calendar year 13 2025. 14 (d) OTHER PROGRAMS.— 15 (1) GRASSROOTS SOURCE WATER PROTECTION 16 PROGRAM.—Section 1240O(b)(3) of the Food Secu17 rity Act of 1985 (16 U.S.C. 3839bb–2(b)(3)) is 18 amended— 19 (A) in subparagraph (A), by striking the 20 ‘‘and’’ at the end; 21 (B) in subparagraph (B), by striking the 22 period at the end and inserting ‘‘; and’’; and 23 (C) by adding at the end the following: 24 ‘‘(C) $1,000,000 beginning in fiscal year 25 2025, to remain available until expended.’’. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01536 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1537. 1537 1 (2) VOLUNTARY PUBLIC ACCESS AND HABITAT 2 INCENTIVE PROGRAM.—Section 1240R(f)(1) of the 3 Food Security Act of 1985 (16 U.S.C. 3839bb– 4 5(f)(1)) is amended— 5 (A) by striking the ‘‘and’’ after ‘‘2023,’’; 6 and 7 (B) by inserting ‘‘, and $10,000,000 for 8 fiscal year 2025’’ before the period at the end. 9 (3) FERAL SWINE ERADICATION AND CONTROL 10 PILOT PROGRAM.—Section 2408(g)(1) of the Agri11 culture Improvement Act of 2018 (7 U.S.C. 8351 12 note; Public Law 115–334) is amended— 13 (A) by striking ‘‘and’’ and inserting a 14 comma; and 15 (B) by inserting ‘‘, and $15,000,000 for 16 fiscal year 2025’’ before the period at the end. 17 (4) COMMODITY TRUST.—Section 302(h)(2) of 18 the Bill Emerson Humanitarian Trust Act (7 U.S.C. 19 1736f–1(h)(2)) is amended by striking ‘‘September 20 30, 2024’’ and inserting ‘‘September 30, 2025’’. 21 (5) NUTRITION.— 22 (A) STATE AND LOCAL SUPPLEMENTATION 23 OF COMMODITIES.—Section 203D(d)(5) of the 24 Emergency Food Assistance Act of 1983 (7 VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01537 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1538. 1538 1 U.S.C. 7507(d)(5)) is amended by striking 2 ‘‘2024’’ and inserting ‘‘2025’’. 3 (B) REPLACEMENT EXTENSION.—Section 4 501(b)(2)(C) of division HH of the Consoli5 dated Appropriations Act, 2023 (7 U.S.C. 6 2016a(b)(2)(C)) is amended by striking ‘‘De7 cember 20, 2024’’ and inserting ‘‘September 8 30, 2028’’. 9 (6) RESEARCH.— 10 (A) SCHOLARSHIPS FOR STUDENTS.—Sec11 tion 1446 of the National Agricultural Re12 search, Extension, and Teaching Policy Act of 13 1977 (7 U.S.C. 3222a) is amended— 14 (i) in subsection (a)— 15 (I) in paragraph (1), in the mat16 ter preceding subparagraph (A), by 17 inserting ‘‘(to be known as David A. 18 Scott 1890 Scholarships)’’ after 19 ‘‘scholarships’’; 20 (II) by striking paragraph (3); 21 and 22 (III) by redesignating paragraph 23 (4) as paragraph (3); and 24 (ii) by amending subsection (b)(1) to 25 read as follows: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01538 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1539. 1539 1 ‘‘(1) MANDATORY FUNDING.—Of the funds of 2 the Commodity Credit Corporation, the Secretary 3 shall make available to carry out this section 4 $15,000,000 for fiscal year 2025 and each fiscal 5 year thereafter.’’. 6 (B) URBAN, INDOOR, AND OTHER EMERG7 ING AGRICULTURAL PRODUCTION RESEARCH, 8 EDUCATION, AND EXTENSION INITIATIVE.—Sec9 tion 1672E(d)(1) of the Food, Agriculture, 10 Conservation, and Trade Act of 1990 (7 U.S.C. 11 5925g(d)(1)) is amended— 12 (i) in subparagraph (A), by striking 13 ‘‘and’’ at the end; 14 (ii) in subparagraph (B), by striking 15 the period at the end and inserting ‘‘; 16 and’’; and 17 (iii) by adding at the end the fol18 lowing: 19 ‘‘(C) $2,000,000 for fiscal year 2025, to 20 remain available until expended.’’. 21 (C) FOUNDATION FOR FOOD AND AGRI22 CULTURE RESEARCH.—Section 7601(g)(1)(A) 23 of the Agricultural Act of 2014 (7 U.S.C. 24 5939(g)(1)(A)) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01539 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1540. 1540 1 (i) by striking clauses (ii) and (iii); 2 and 3 (ii) by adding at the end the fol4 lowing: 5 ‘‘(ii) ADDITIONAL FUNDING.—Of the 6 funds of the Commodity Credit Corpora7 tion, the Secretary shall transfer to the 8 Foundation to carry out this section, to re9 main available until expended— 10 ‘‘(I) on the date on which the 11 strategic plan described in subsection 12 (f)(3)(B)(iv) is submitted, 13 $185,000,000; 14 ‘‘(II) not later than 30 days after 15 November 17, 2023, $37,000,000; 16 and 17 ‘‘(III) not later than 30 days 18 after the date of enactment of this 19 subclause, $37,000,000.’’. 20 (D) GRAZINGLANDS RESEARCH LABORA21 TORY.—Section 7502 of the Food, Conserva22 tion, and Energy Act of 2008 (Public Law 23 110–246; 122 Stat. 2019; 132 Stat. 4817) is 24 amended to read as follows: VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01540 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1541. 1541 1 ‘‘SEC. 7502. GRAZINGLANDS RESEARCH LABORATORY. 2 ‘‘Except as otherwise specifically authorized by law 3 and notwithstanding any other provision of law, the Fed4 eral land and facilities at El Reno, Oklahoma, adminis5 tered by the Secretary (as of the date of enactment of this 6 Act) as the Grazinglands Research Laboratory, shall not 7 at any time, in whole or in part, be declared to be excess 8 or surplus Federal property under chapter 5 of subtitle 9 I of title 40, United States Code, or otherwise be conveyed 10 or transferred in whole or in part, for the period beginning 11 on the date of the enactment of this Act and ending on 12 September 30, 2025.’’. 13 (7) ENERGY.— 14 (A) BIOBASED MARKETS PROGRAM.—Sec15 tion 9002(k)(1) of the Farm Security and 16 Rural Investment Act of 2002 (7 U.S.C. 17 8102(k)(1)) is amended by striking ‘‘2024’’ and 18 inserting ‘‘2025’’. 19 (B) BIOENERGY PROGRAM FOR ADVANCED 20 BIOFUELS.—Section 9005(g)(1)(F) of the Farm 21 Security and Rural Investment Act of 2002 (7 22 U.S.C. 8105(g)(1)(F)) is amended by striking 23 ‘‘2024’’ and inserting ‘‘2025’’. 24 (C) FEEDSTOCK FLEXIBILITY PROGRAM.— 25 Section 9010(b) of the Farm Security and 26 Rural Investment Act of 2002 (7 U.S.C. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01541 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1542. 1542 1 8110(b)) is amended in paragraphs (1)(A) and 2 (2)(A) by striking ‘‘2024’’ each place it appears 3 and inserting ‘‘2025’’. 4 (8) HORTICULTURE.— 5 (A) ORGANIC PRODUCTION AND MARKET 6 DATA INITIATIVES.—Section 7407(d)(1) of the 7 Farm Security and Rural Investment Act of 8 2002 (7 U.S.C. 5925c(d)(1)) is amended— 9 (i) in subparagraph (B), by striking 10 ‘‘and’’ at the end; 11 (ii) in subparagraph (C), by striking 12 the period at the end and inserting ‘‘; 13 and’’; and 14 (iii) by adding at the end the fol15 lowing: 16 ‘‘(D) $1,000,000 for fiscal year 2025.’’. 17 (B) MODERNIZATION AND IMPROVEMENT 18 OF INTERNATIONAL TRADE TECHNOLOGY SYS19 TEMS AND DATA COLLECTION.—Section 20 2123(c)(4) of the Organic Foods Production 21 Act of 1990 (7 U.S.C. 6522(c)(4)) is amended, 22 in the matter preceding subparagraph (A)— 23 (i) by striking ‘‘2019 and’’ and insert24 ing ‘‘2019,’’; and VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01542 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1543. 1543 1 (ii) by striking ‘‘2024’’ and inserting 2 ‘‘2024, and $1,000,000 for fiscal year 3 2025’’. 4 (C) NATIONAL ORGANIC CERTIFICATION 5 COST-SHARE PROGRAM.—Section 6 10606(d)(1)(C) of the Farm Security and 7 Rural Investment Act of 2002 (7 U.S.C. 8 6523(d)(1)(C)) is amended by striking ‘‘2024’’ 9 and inserting ‘‘2025’’. 10 (D) MULTIPLE CROP AND PESTICIDE USE 11 SURVEY.—Section 10109(c)(1) of the Agri12 culture Improvement Act of 2018 (Public Law 13 115–334; 132 Stat. 4906) is amended— 14 (i) by striking ‘‘2019 and’’ and insert15 ing ‘‘2019,’’; and 16 (ii) by striking ‘‘2024’’ and inserting 17 ‘‘2024, and $100,000 for fiscal year 18 2025’’. 19 (9) MISCELLANEOUS.— 20 (A) PIMA AGRICULTURE COTTON TRUST 21 FUND.—Section 12314 of the Agricultural Act 22 of 2014 (7 U.S.C. 2101 note; Public Law 113– 23 79) is amended— VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01543 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1544. 1544 1 (i) in subsection (b), in the matter 2 preceding paragraph (1), by striking 3 ‘‘2024’’ and inserting ‘‘2025’’; and 4 (ii) in subsection (h), by striking 5 ‘‘2024’’ and inserting ‘‘2025’’. 6 (B) AGRICULTURE WOOL APPAREL MANU7 FACTURERS TRUST FUND.—Section 12315 of 8 the Agricultural Act of 2014 (7 U.S.C. 7101 9 note; Public Law 113–79) is amended by strik10 ing ‘‘2024’’ each place it appears and inserting 11 ‘‘2025’’. 12 (C) WOOL RESEARCH AND PROMOTION.— 13 Section 12316(a) of the Agricultural Act of 14 2014 (7 U.S.C. 7101 note; Public Law 113–79) 15 is amended by striking ‘‘2024’’ and inserting 16 ‘‘2025’’. 17 (D) EMERGENCY CITRUS DISEASE RE18 SEARCH AND DEVELOPMENT TRUST FUND.— 19 Section 12605(d) of the Agriculture Improve20 ment Act of 2018 (7 U.S.C. 7632 note; Public 21 Law 115–334) is amended by striking ‘‘2024’’ 22 and inserting ‘‘2025’’. 23 (E) SHEEP PRODUCTION AND MARKETING 24 GRANT PROGRAM.—Section 209(c) of the Agri25 cultural Marketing Act of 1946 (7 U.S.C. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01544 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1545. 1545 1 1627a(c)) is amended by striking ‘‘for fiscal 2 year 2024’’ and inserting ‘‘for each of fiscal 3 years 2024 and 2025’’. 4 (10) EXCEPTIONS.— 5 (A) MANDATORY FUNDING.—Subsection 6 (a) does not apply with respect to mandatory 7 funding under the following provisions of law: 8 (i) Section 1614(c)(4) of the Agricul9 tural Act of 2014 (7 U.S.C. 9097(c)(4)). 10 (ii) Subparagraphs (A) and (B) of 11 section 1241(a)(1) of the Food Security 12 Act of 1985 (16 U.S.C. 3841(a)(1)). 13 (B) LIMITATIONS.—Subsection (a) does 14 not apply with respect to limitations under the 15 following provisions of law in fiscal year 2025: 16 (i) Section 1240G of the Food Secu17 rity Act of 1985 (16 U.S.C. 3839aa–7). 18 (ii) Section 1240L(f) of the Food Se19 curity Act of 1985 (16 U.S.C. 3839aa– 20 24(f)). 21 (e) REPORTS.— 22 (1) IN GENERAL.—Subject to paragraph (2), 23 any requirement under a provision of law described 24 in paragraph (1) of subsection (a) to submit a re25 port on a recurring basis, and the final report under VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01545 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1546. 1546 1 which was required to be submitted during fiscal 2 year 2024, shall continue, and the requirement shall 3 be carried out, on the same recurring basis, until the 4 later of the dates specified in paragraph (2) of that 5 subsection. 6 (2) APPROPRIATIONS REQUIRED.—If discre7 tionary appropriations (as defined in section 250(c) 8 of the Balanced Budget and Emergency Deficit Con9 trol Act of 1985 (2 U.S.C. 900(c))) are required to 10 carry out a reporting requirement described in para11 graph (1), the application of that paragraph to that 12 reporting requirement shall be subject to the avail13 ability of appropriations. 14 (f) EFFECTIVE DATE.—Except with respect to sub15 paragraph (C) of subsection (d)(6) and the amendments 16 made by such subparagraph, this section and the amend17 ments made by this section shall be applied and adminis18 tered as if this section and those amendments had been 19 enacted on September 30, 2024. 20 SEC. 2. RESCISSIONS. 21 (a) RURAL DEVELOPMENT LOANS AND GRANTS.— 22 Of the unobligated balances of amounts made available 23 under section 313B(e)(2) of the Rural Electrification Act 24 of 1936 (7 U.S.C. 940c–2(e)(2)), $3,835,000 is rescinded. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01546 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)
  • 1547. 1547 1 (b) BIOREFINERY, RENEWABLE CHEMICAL, AND 2 BIOBASED PRODUCT MANUFACTURING ASSISTANCE.—Of 3 the unobligated balances of amounts made available under 4 section 9003(g)(1)(A) of the Farm Security and Rural In5 vestment Act of 2002 (7 U.S.C. 8103(g)(1)(A)), 6 $115,610,000 is rescinded. 7 (c) OFFICE OF THE SECRETARY.—Of the unobligated 8 balances of amounts made available under the heading 9 ‘‘Department of Agriculture—Agricultural Programs— 10 Office of the Secretary’’ in title I of division B of the 11 Coronavirus Aid, Relief, and Economic Security Act (Pub12 lic Law 116–136; 134 Stat. 505), $18,500,000 is re13 scinded. 14 (d) DISTANCE LEARNING, TELEMEDICINE, AND 15 BROADBAND PROGRAM.—Of the unobligated balances of 16 amounts made available under the heading ‘‘Rural Devel17 opment Programs—Rural Utilities Service—Distance 18 learning, telemedicine, and broadband program’’ in title 19 I of division B of the Coronavirus Aid, Relief, and Eco20 nomic Security Act (Public Law 116–136; 134 Stat. 507), 21 $4,750,000 is rescinded. VerDate Nov 24 2008 17:46 Dec 17, 2024 Jkt 000000 PO 00000 Frm 01547 Fmt 6652 Sfmt 6201 C:\USERS\KSALMON\APPDATA\ROAMING\SOFTQUAD\XMETAL\11.0\GEN\C\D121724.03 December 17, 2024 (5:46 p.m.) I:\FY25\SUPPS\D121724.038.XML l:\v7\121724\7121724.012.xml (955033|8)


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