A BILL To Reduce the Federal Budget Deficit and Improve the Economy Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Short title. This Act may be cited as: (a) the “Francis Harvey Bernard American Economic Security and Recovery Act of 2026” or “AESARA-2026,” (b) the “Francis Harvey Bernard National Economic Security and Recovery Act of 2026” or “NESARA-2026,” (c) the “BUSTY Act”, (d) the “Bigger Beautiful Bill Act” or “BBBA”.“” Sec. 2. References to United States Code. Unless otherwise specified, all Titles referred to within this Act are within the U.S. Code, and all paragraphs, subparagraphs, and other organizationally separated components thereof shall be referred to as subsections; any amendment to any part of the U.S. Code shall be treated as an amendment to any corresponding part of any Act. Sec. 3. Severability. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby. Sec. 4. Effective date. All provisions of this Act shall enter into effect upon the proclamation of such by the President of the United States. Sec. 5. Spending controls. (a) Notwithstanding the Impoundment Control Act of 1974, the President shall fund this Act via impoundment of funding during each fiscal year for which funding is appropriated, provided that such impounding shall be approved by the Government Accountability Office or Office of Management and Budget based on a formula that shall be deficit neutral. (b) Except as necessary in order to finance this Act's expenditures pursuant to subsection (a), any revenues generated by this Act or reductions in spending caused by this Act shall go towards the payment of the federal debt. (c) This section shall not apply to division E or any revenues generated by division E, reduction in spending related to division E, or appropriation for the purpose of fulfilling division E. Sec. 6. Table of Contents. SECTION 1. Short title. Sec. 2. References to United States Code. Sec. 3. Severability. Sec. 4. Effective date. Sec. 5. Spending controls. Sec. 6. Table of Contents. DIVISION A—Deficit Reduction Act of 2026 Sec. 99. Division title. Sec. 100. Table of Contents. TITLE I—Nonprofit Organizations Reform Act TITLE II—Social Security Reform of 2026 TITLE III—Civil Service Reform of 2026 TITLE IV—Government Corporations Revenue Act of 2026 TITLE V—Deregulation for the Deficit Act of 2026 TITLE VI—Immigration for the Economy Act of 2026 TITLE VII—Regulation for the Deficit Act of 2026 TITLE VIII—Tariff Act of 2026 TITLE IX-Internal Revenue Act of 2026 TITLE X-Criminal Justice Reform and Judiciary Simplification Act of 2026 TITLE XI-Foreign Aid Reduction and Sanctions Act of 2026 TITLE XII-SPENDING REDUCTION ACT TITLE XIII-NDAA REPEAL ACT TITLE XIV-ADMINISTRATIVE STREAMLINING ACT TITLE XV-CRIMINAL JUSTICE REFORM FOR ECONOMIC IMPROVEMENT ACT DIVISION B—Infrastructure Modernization Act of 2026 TITLE I—Surface transportation Title II—United States Army Corps of Engineers Title III—Energy Title IV—Pipelines Title V—Industrial Revitalization Title VI—Air Transportation DIVISION C—DOMESTIC TRANQUILITY ACT OF 2026 Sec. 1. Short title. Sec. 2. Rule of construction. TITLE I—SUBVERSIVE ACTIVITIES CONTROL TITLE II—IMMIGRATION REFORM IN THE INTEREST OF NATIONAL STABILITY TITLE III—DEPLATFORMING REGULATION TITLE IV—EMERGENCY DETENTION TITLE V—NATIONAL MILITIA MOVEMENT TITLE VI—GEORGE ZIMMERMAN CRIME CONTROL ACT TITLE VII—SPEEDY APPEAL ACT DIVISION D—MAKE AMERICA HEALTHY AGAIN TITLE I—Expenditures Subtitle A—Patient Access to Public Health Programs Subtitle B—Medicaid Program Enhancement Subtitle C—Per Capita Allotment for Medical Assistance Subtitle D—Patient Relief and Health Insurance Market Stability Subtitle E—Implementation Funding Subtitle F—Research Subtitle G—Rural Healthcare Subtitle H—Medicare Expansion Subtitle I—CHIP Reauthorization Through 2035 TITLE II—Revenues Subtitle A—Repeal and Replace of Health-Related Tax Policy Subtitle B—Repeal of Certain Consumer Taxes Subtitle C—Encouragement of Adoption of Domestic Orphans Subtitle D—Remuneration From Certain Insurers Subtitle E—Repeal of Net Investment Income Tax TITLE III—Abortion and contraception Subtitle A—Prohibition on abortion. Subtitle B—Technical provisions. Subtitle C—Other regulations relating to remains and contraception. Subtitle D—Backup regulations. Subtitle E—Further provisions. TITLE IV—Regulations Subtitle A—General Regulation Reduction and Reform Subtitle B—Regulatory Reform for Health Insurance and Exchanges Subtitle C—Prescription Drugs and Related Provisions Subtitle D—Protecting Consumers from Unhealthy Food Subtitle E—Making America Fit Again TITLE V—Pandemics and Epidemics Subtitle A—Pandemic preparedness Subtitle B—Public Health Service Subtitle C—Pandemic recovery TITLE VI—Veterans TITLE VII—Education DIVISION E—2026 FEDERAL BUDGET DIVISION F—Farmers First Farm Bill of 2026 TITLE I—Reauthorization of USDA Programs. TITLE II—Education for Rural Americans. TITLE III—Regulatory Relief for Rural Americans. TITLE IV—Debt Relief for Family Farmers. DIVISION A—Deficit Reduction Act of 2026 Sec. 99. Division title. This Division may be cited as the “Deficit Reduction Act of 2026”. Sec. 100. Table of Contents. The table of contents of this Division is as follows— Sec. 99. Short title. Sec. 100. Table of Contents. TITLE I—Nonprofit Organizations Reform Act Sec. 101. Core nonprofit reform. Sec. 102. Effective date and enforcement. Sec. 103. Certain religious organizations.—Title 26 subsection 501(d) is amended as follows: Sec. 104. Disqualification of racketeering organizations. Sec. 105. Special consideration for specific sovereign institutions. Sec. 114. Federal financial assistance not to include certain tax benefits. TITLE II—Social Security Reform of 2026 Sec. 201. OASDI-component flexbility. Sec. 202. Medicare funding. Sec. 203. Adjustment of high-income SECA tax. Sec. 204. Social Security Trust Fund reformation. Sec. 205. Negotiation of lower covered part D drug prices on behalf of Medicare beneficiaries; Establishment and application of formulary by the Secretary of Health and Human Services under Medicare part D. Sec. 206. Requiring drug manufacturers to provide drug rebates for drugs dispensed to low-income individuals. Sec. 207. Medicare payments to hospitals contingent on implementation of security procedures regarding infant patient protection and baby switching. TITLE III—Civil Service Reform of 2026 Sec. 301. Data standards for grant reporting. Sec. 302. Single audit act. Sec. 303. Consolidation of assistance-related information; publication of public information as open data. Sec. 304. Evaluation of nonproprietary identifiers. Sec. 305. Definitions. Sec. 306. Rule of construction. Sec. 307. No additional funds authorized. Sec. 308. Repeal of deadwood. Sec. 309. Nondiscrimination in federal employment. TITLE IV—Government Corporations Revenue Act of 2026 Sec. 401. P.O. Box discrimination. Sec. 402. Reform of postal employment law. Sec. 403. Postal savings system. Sec. 404. Ending Porch Piracy in America. TITLE V—Deregulation for the Deficit Act of 2026 Sec. 501. Internet taxation reduced. Sec. 502. Export of unapproved products. Sec. 503. Electronic duck stamps. Sec. 504. Modification of definition of sport fishing equipment under the Toxic Substances Control Act. Sec. 505. Target practice and marksmanship. Sec. 506. Exemption for subsistence users. Sec. 507. Permits for importation of polar bear trophies taken in sport hunts in Canada. Sec. 508. Baiting of migratory game birds. Sec. 509. Recreational fishing, hunting, and recreational shooting on Federal public land. Sec. 510. Annual permit and fee for film crews of 5 persons or fewer. Sec. 511. Production of fruits and vegetables for processing on covered commodity base acres. Sec. 512. Commercial whaling. Sec. 513. Misleading domain names on the Internet. Sec. 514. En bloc consideration of resolutions of disapproval pertaining to “midnight rules”. Sec. 515. Sturgeon held in captivity or controlled environments. Sec. 516. Firearm licensing revocations and denials. Sec. 517. Employee-employer cooperation organizations. Sec. 518. HUD reform. Sec. 519. Vandalism and graffiti against mass transportation systems; assaults committed on mass transportation systems. TITLE VI—Immigration for the Economy Act of 2026 Sec. 601. Family-sponsored cap. Sec. 602. Cap exception for seniors. Sec. 603. Employment-based cap. Sec. 604. Discontinuation of diversity immigration. Sec. 605. Repeal of certain work visas. Sec. 606. Special immigration authorized. Sec. 607. Repeal of certain preferences. Sec. 608. Desired Industries Growth Immigration. Sec. 609. State-based program for immigration from high-unemployment countries. Sec. 610. Reforming American Immigration for a Strong Economy Act Sec. 611. Termination of exemption from numerical limitations for H–1B nonimmigrants employed by institutions of higher education. Sec. 612. Secure Commercial Driver Licensure. Sec. 613. Citizenship at birth exclusions for certain persons born in the United States. Sec. 614. Termination of certain exceptions from H–1B nonimmigrant visa numerical limitation. Sec. 615. Inadmissibility and deportability related to defrauding the United States Government or unlawfully receiving public benefits. Sec. 616. Interference with immigration enforcement. Sec. 617. Ineligibility of sanctuary jurisdictions for community development block grants. Sec. 618. Reduction of costs associated to foreign entry into the borders of the United States. TITLE VII—Regulation for the Deficit Act of 2026 Sec. 701. Clean water regulations reform. Sec. 702. Increased penalty for misleading domains. Sec. 703. Bad Samaritan Liability. Sec. 704. Tax on obscene products. Sec. 705. Amendments to the family and medical leave act of 1993. Sec. 706. Destruction of adulterated, misbranded, or counterfeit tobacco products offered for import. Sec. 707. Regulation of human cadaveric islet transplants. Sec. 708. Amendments to Children’s Online Privacy Protection Act of 1998. Sec. 709. Prohibition on surrogacy arrangements involving sex offenders. Sec. 710. Mandatory paternity testing. TITLE VIII—Tariff Act of 2026 Sec. 801. Postal Cost Equalization Tariff. Sec. 802. Ending tariff loopholes. TITLE IX-Internal Revenue Act of 2026 Sec. 901. Tax on employers with employees receiving certain Federal benefits. Sec. 902. Unlawful employment practices related to Federal benefits of applicants. Sec. 903. Elimination of deduction for personal exemptions. Sec. 904. Denial of green energy tax benefits to companies connected to countries of concern. Sec. 905. Border wall trust fund. Sec. 906. Vape tax. Sec. 907. Tobacco importation. Sec. 908. Wager tax. Sec. 909. Excise tax on sexual services. Sec. 910. Elimination of old credits. Sec. 911. Telephone excise tax. Sec. 912. Advertisement tax. Sec. 913. Donation to pay down national debt. Sec. 914. Tax reforms for improved social conditions. Sec. 915. Definition of head of household. Sec. 916. Gross income calculation and equitable tax rules. Sec. 917. Adjustment of base erosion amounts. Sec. 918. Foreign labor tax fairness. Sec. 919. Incentives to divest disqualified PRC securities. TITLE X-Criminal Justice Reform and Judiciary Simplification Act of 2026 Sec. 1001. Vandalism and graffiti against mass transportation systems; assaults committed on mass transportation systems. TITLE XI-Foreign Aid Reduction and Sanctions Act of 2026 Sec. 1101. Deadwood repeals. Sec. 1102. Discontinuation of aid to certain undemocratic governments. Sec. 1103. Discontinuation of aid to certain governments in violation of UDHR. Sec. 1104. Relationship with future law. Sec. 1105. Relationship with particular religious systems. Sec. 1106. Relations with Russia. Sec. 1107. Removal of designation. Sec. 1108. Extension of ineligibility. Sec. 1109. Genocide restitution. Sec. 1110. Waivers for certain countries. Sec. 1111. Exception to help genocide victims. Sec. 1112. Restriction to combat transnational trafficking. Sec. 1113. Prohibition on funding for the Taliban and Afghanistan. TITLE XII-SPENDING REDUCTION ACT Sec. 1201. Defunding of sexual education. Sec. 1202. Defunding of promotion of sexual propaganda, flags, and ideology. Sec. 1203. Defunding of insurrection. Sec. 1204. Defunding of removal of regional and State flags. Sec. 1205. Cost savings enhancements. Sec. 1206. Prohibitions on receipt of Federal student loans and loan forgiveness for convicted felons. Sec. 1207. Drug screening and testing under State programs for temporary assistance for needy families. Sec. 1208. Drug screening and testing under the supplemental nutrition assistance program. Sec. 1209. Drug screening and testing under public housing and section 8 rental assistance programs. Sec. 1210. Ending cashless bail. TITLE XIII-NDAA REPEAL ACT Sec. 1301. Repeal of NDAA 2021. Sec. 1302. Chinese influence reduction. Sec. 1303. Repeal of NDAA 2022. Sec. 1304. Prohibition on Chinese contractors. Sec. 1305. Prohibition on Chinese imports. TITLE XIV-ADMINISTRATIVE STREAMLINING ACT Sec. 1401. Abolition of independent agencies. TITLE XV-CRIMINAL JUSTICE REFORM FOR ECONOMIC IMPROVEMENT ACT Sec. 1501. Short title. Sec. 1502. Knowing distribution of fentanyl where death results. TITLE I—Nonprofit Organizations Reform Act Sec. 101. Core nonprofit reform. (a) Core nonprofits.—Title 26 subsection 501(c)(3) is amended as follows: “(3) Corporations, and any community chest, fund, or foundation, organized and operated exclusively for charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, provided: “(A) no part of the net earnings of which inures to the benefit of any private shareholder or individual, “(B) no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), “(C) that no such organization participates in or intervenes in (including the publishing or distributing of statements) any political campaign on behalf of (or in opposition to) any candidate for public office, “(D) no substantial part of the activities of which is carrying on lawsuits, or otherwise attempting, to influence American law through manipulation of the courts, and “(E) that no such organization shall not pay any member of its leadership a salary of $200,000 or greater, excluding ordinary non-salary employment compensation.” (b) Agricultural organizations.—Title 26 subsection 501(c)(5) is amended as follows: “(5) Agricultural or horticultural organizations.” (c) Leagues.—Title 26 subsection 501(c)(6) is amended as follows: “(6) Business leagues, chambers of commerce, real-estate boards, or boards of trade, not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual, and which shall not pay any member of its leadership a salary of $200,000 or greater, excluding ordinary non-salary employment compensation.” (d) Clubs.—Title 26 subsection 501(c)(7) is amended as follows: “(7) Clubs organized for recreational, charitable, and other nonprofitable purposes, substantially all of the activities of which are for such purposes and no part of the net earnings of which inures to the benefit of any private shareholder, and which shall not pay any employee thereof a salary of $200,000 or greater, excluding ordinary non-salary employment compensation.” (e) Fraternal societies.—Title 26 subsection 501(c)(8) is amended as follows: “(8) Fraternal societies, orders, or associations which are not secret societies— “(A) the net earnings of which are devoted exclusively to religious, charitable, scientific, literary, educational, and fraternal purposes, or “(B) providing for the payment of life, sick, accident, or other benefits to the members of such society, order, or association or their dependents or survivors.” (f) Church organizations.—Title 26 subsection 501(c)(10) is amended as follows: “(10) Religious organizations engaged in substantial charitable activities or as defined under section (d), provided that: “(A) no such organization shall not pay any member of its leadership a salary of $200,000 or greater, excluding the value of fringe benefits, “(B) no such organization shall be led by any society which requires an oath of secrecy for any purpose other than the administration of sacraments which involve the forgiveness of wrongdoing, “(C) no such organization shall be involved in coercing or forcing individuals into engaging in illegal activities (including those prohibited by state and local governments, and excluding those which are acceptable for the purposes of religious freedom and free exercise) or engaging in abortion, contraception, suicide, ritual sacrifice of animals or unborn humans, or unjust contracts with adherents, “(D) no such organization may be funded by forcibly collecting funds from adherents, but only through voluntary donations, “(E) such organizations shall report their beliefs, under penalty of perjury, for counter-terrorism purposes, “(F) no part of the net earnings shall inure to the benefit of any private shareholder or individual, “(G) no such organization shall participate in political activities except for the purposes of preserving their religious freedom or performing missionary work, and “(H) no such organization shall mandate a rite of initiation which endangers initiates into its membership.” (g) Labor organizations.—A new subsection 501(c)(20) of Title 26 is created as follows: “(20) Labor unions, provided that: “(A) no such organization shall not pay any member of its leadership a salary of $200,000 or greater, excluding ordinary non-salary employment compensation, “(B) no such organization shall be led by a secret society, “(C) no such organization shall be involved in coercing individuals into engaging in illegal activities (including those prohibited by state and local governments, and excluding those which are acceptable for the purposes of religious freedom and free exercise) or engaging in abortion, contraception, suicide, ritual sacrifice of animals or unborn humans, or engaging in sabotage or espionage to harm corporations with which they do business, “(D) no part of the net earnings shall inure to the benefit of any private shareholder or individual, and “(E) no such organization shall participate in political activities except for purposes which are for the preservation and/or promotion of organized labor, job creation, increased wages, bonuses, and/or fringe benefits, improved conditions and well-being for workers, or the industry on which the workers of such a union depend (including laws or policies which such unions shall believe shall lead to the accomplishment of said purposes, and preservation of existing laws or policies which unions support for such reasons).” Sec. 102. Effective date and enforcement. (a) Enforcement.—The Internal Revenue Service is compelled to launch an audit of tax-exempt 501(c)(3) organizations in order to root out those which maintain rosters of persons, organizations, and symbols which are condemned by such organizations, many of whom are candidates for public office, political parties, movements, and organizations, and symbols representing or associated to either candidates for public office or political parties, movements, or organizations. (b) Effective date for re-registration under paragraph 8.—Organizations currently registered as 501(c)(10) organizations shall be automatically re-registered as 501(c)(8) organizations; this shall not be interpreted as prohibiting such organizations from changing their designations or authorizing such organizations that do not qualify to become 501(c)(8) organizations from staying organized as such, but such organizations shall be allowed to stay 501(c)(8) organizations without penalty until the beginning of the 2029 taxable year. (c) Effective date for churches.—Churches shall be permitted to postpone re-registration under paragraph 10 until taxable year 2030. (d) Effective date for other organizations.—No tax penalty will be assessed against any organization which does not comply with the changes established under this title prior to taxable year 2028. Sec. 103. Certain religious organizations.—Title 26 subsection 501(d) is amended as follows: “(d) Religious and apostolic organizations.—The following organizations are referred to in subsection (c)(10): Religious or apostolic associations or corporations, if such associations or corporations have a common treasury or community treasury, even if such associations or corporations engage in business for the common benefit of the members, but only if the members thereof include (at the time of filing their returns) in their gross income their entire pro rata shares, whether distributed or not, of the taxable income of the association or corporation for such year. Any amount so included in the gross income of a member shall be treated as a dividend received.” Sec. 104. Disqualification of racketeering organizations. A new subsection 501(s) in Title 26 is created as follows: “(s) Any organization which has a pattern of racketeering activity as described under 18 U.S. Code Chapter 96 shall not be eligible for any exemption under this section.” Sec. 105. Special consideration for specific sovereign institutions. The Holy See, the Sovereign Military Hospitaller Order of Saint John of Jerusalem, of Rhodes and of Malta, and organizations subordinate to or under the jurisdiction of one or both of them shall be considered exempt from the need to prove compliance as religious organizations under section 501 of Title 26 or to prove compliance with rules binding fraternal societies, orders, and associations under section 501. Sec. 114. Federal financial assistance not to include certain tax benefits. (a) In general.—Chapter 1 of title 1, United States Code, is amended by adding at the end the following new section: “Sec. 9. Federal financial assistance.—In the case of any organization described in subsection (c) or (d) of section 501 of the Internal Revenue Code of 1986 or any organization described in section 401(a) of such Code, for purposes of any Federal law, rule, or regulation, unless explicitly provided otherwise, the term ‘Federal financial assistance,’ or any other term referring to assistance provided by the Federal government, shall not include any exemption from Federal income tax.”. (b) Clerical amendment.—The table of contents for chapter 1 of title 1, United States Code, is amended by adding at the end the following new item: “9. Federal financial assistance.”. (c) Rule of construction.—Nothing in this section or the amendments made by this section shall be construed to imply that an exemption from Federal income taxes under section 501(a) of the Internal Revenue Code of 1986 constituted assistance from the Federal government for periods before the date of the enactment of this Act. TITLE II—Social Security Reform of 2026 Sec. 201. OASDI-component flexbility. Title 26 subsection 1401(a) is amended as follows: “(a) Old-age, survivors, and disability insurance.—In addition to other taxes, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax equal to 12.4 percent of the amount of the self-employment income for such taxable year; however, a taxpayer may instead choose to pay a rate ranging from 10.3 to 20 percent, and such a choice shall have a proportional effect on benefits to be calculated by the Social Security Administration.” Sec. 202. Medicare funding. Title 26 subsection 1401(b) is amended as follows: “(b) In general.—In addition to the tax imposed by the preceding subsection, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax equal to 5 percent of the amount of the self-employment income for such taxable year.” Sec. 203. Increase in maximum taxable earnings for payroll taxes. (a) Basic increase.—Section 230(b)(1) of the Social Security Act (42 U.S.C. 430(b)(1)) is amended by striking "$60,600" and inserting "$100,000". (b) Optional increase in maximum taxable earnings for payroll taxes. (1) In general.—Section 230 of the Social Security Act (42 U.S.C. 430) is amended by adding at the end the following new subsection: "(e) Optional Election for Higher Contribution and Benefit Base.— "(1) In general.—For calendar years beginning after 2027, an individual may elect, in such form and manner as the Commissioner of Social Security shall prescribe, to apply a higher contribution and benefit base than the amount otherwise determined under subsection (b). Such higher base shall be an amount elected by the individual that is not less than the base under subsection (b) and not more than 90 percent of the individual's total earnings for the calendar year, as determined by the Commissioner. "(2) Benefit adjustment.—If an individual makes an election under paragraph (1), the primary insurance amount and other benefits payable under this title with respect to such individual shall be computed by taking into account the additional earnings subject to contributions under such election, in accordance with regulations prescribed by the Commissioner. "(3) Revocation and limitations.—An election under this subsection may be revoked by the individual at any time before the close of the calendar year to which it applies, but may not be made or revoked retroactively for prior years. The Commissioner may prescribe limitations on the frequency of elections to prevent abuse.". (2) Conforming amendments.— (A) Section 209(h)(2) of such Act (42 U.S.C. 409(h)(2)) is amended by inserting "or the higher base elected under section 230(d)" after "section 230". (B) Section 215(e)(1) of such Act (42 U.S.C. 415(e)(1)) is amended by inserting "or the higher base elected under section 230(d)" after "section 230". (c) Effective date.—The amendment made by this section shall go into effect for taxable years beginning after December 31, 2027. Sec. 204. Social Security Trust Fund reformation. (a) In general.—Section 201(a) of the Social Security Act (42 U.S.C. 401(a)) is amended to read as follows: “(a) There is hereby created on the books of the Treasury of the United States a trust fund to be known as the ‘Social Security Trust Fund’. The Social Security Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and the amount standing to the credit of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund on the books of the Treasury on January 1 of the first calendar year beginning after the date of the enactment of section 204 of the Social Security 2100 Act, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Social Security Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Social Security Trust Fund as hereinafter provided. There is hereby appropriated to the Social Security Trust Fund for the first fiscal year that begins after date of the enactment of section 204 of the Social Security 2100 Act, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 percent of— “(1) the taxes imposed by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury pursuant to subtitle F of the Internal Revenue Code of 1986, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter (other than sections 3101(b) and 3111(b)) to such wages, which wages shall be certified by the Commissioner of Social Security on the basis of the records of wages established and maintained by such Commissioner in accordance with such reports; and “(2) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, which self-employment income shall be certified by the Commissioner of Social Security on the basis of the records of self-employment income established and maintained by the Commissioner of Social Security in accordance with such returns. The amounts appropriated by paragraphs (1) and (2) shall be transferred from time to time from the general fund in the Treasury to the Social Security Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in paragraphs (1) and (2), paid to or deposited into the Treasury; and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the taxes specified in such paragraphs (1) and (2). All amounts transferred to the Social Security Trust Fund under the preceding sentence shall be invested by the Managing Trustee in the same manner and to the same extent as the other assets of the Trust Fund. Notwithstanding the preceding sentence, in any case in which the Secretary of the Treasury determines that the assets of the Trust Fund would otherwise be inadequate to meet the Trust Fund's obligations for any month, the Secretary of the Treasury shall transfer to the Trust Fund on the first day of such month the total amount which would have been transferred to the Trust Fund under this section as in effect on October 1, 1990; and the Trust Fund shall pay interest to the general fund on the amount so transferred on the first day of any month at a rate (calculated on a daily basis, and applied against the difference between the amount so transferred on such first day and the amount which would have been transferred to the Trust Fund up to that day under the procedures in effect on January 1, 1983) equal to the rate earned by the investments of the Trust Fund in the same month under subsection (d).”. (b) Required actuarial analysis.—Section 201(c) of the Social Security Act is amended by striking the fourth sentence in the matter following paragraph (5) and inserting the following: “Such report shall also include actuarial analysis of the benefit cost with respect to disabled beneficiaries and their auxiliaries, to retired beneficiaries and their auxiliaries, and to survivor beneficiaries.”. (c) Board of Trustees.— (1) BOARD OF TRUSTEES OF SOCIAL SECURITY TRUST FUND.—Section 201(c) of the Social Security Act, as amended by subsection (b) of this section, is further amended in the matter preceding paragraph (1) by striking “the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (hereinafter in this title called the ‘Trust Funds’)” and inserting “the Social Security Trust Fund (in this title referred to as the ‘Trust Fund’)”. (2) CONTINUITY OF BOARD OF TRUSTEES.—The Board of Trustees of the Social Security Trust Fund created by the amendment made by subsection (a) shall be a continuous body with the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund in operation prior to the effective date of such amendment. Individuals serving as members of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund as of the effective date of such amendment shall serve the remainder of their term as members of the Board of Trustees of the Social Security Trust Fund. (d) Conforming amendments related to Social Security Trust Fund.— (1) AMENDMENT TO SECTION HEADING.—The section heading for section 201 of the Social Security Act is amended to read as follows: “Social Security Trust Fund”. (2) BOARD OF TRUSTEES.—Section 201(c) of such Act, as amended by subsections (b) and (c)(1), is further amended— (A) in the matter preceding paragraph (1), by striking “Board of Trustees of the Trust Funds” and inserting “Board of Trustees of the Trust Fund”; (B) in paragraph (1), by striking “Trust Funds” and inserting “Trust Fund”; (C) in paragraph (2)— (i) by striking “Trust Funds” and inserting “Trust Fund”; and (ii) by striking “their” and inserting “its”; (D) in paragraph (3), by striking “either of the Trust Funds” and inserting “the Trust Fund”; (E) in paragraph (5)— (i) by striking “managing the Trust Funds” and inserting “managing the Trust Fund”; and (ii) by striking “Trust Funds are” and inserting “Trust Fund is”; (F) in the matter following paragraph (5), by striking “Trust Funds” each place it appears and inserting “Trust Fund”; and (G) in the second sentence in the matter following paragraph (5), by striking “whether the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, individually and collectively, are” and inserting “whether the Social Security Trust Fund is”. (3) INVESTMENTS.—Section 201 of such Act is amended in subsections (d) and (e) by striking “Trust Funds” each place it appears and inserting “Trust Fund”. (4) CREDITING OF INTEREST AND PROCEEDS TO TRUST FUNDS.—Section 201(f) of such Act is amended— (A) by striking “the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall be credited to and form a part of the Federal Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund, respectively” and inserting “the Social Security Trust Fund shall be credited to and form a part of the Social Security Trust Fund”; (B) by striking “either of the Trust Funds” and inserting “the Trust Fund”; and (C) by striking “such Trust Fund” and inserting “the Trust Fund”. (5) ADMINISTRATIVE COSTS.—Section 201(g) of such Act is amended— (A) in paragraph (1)— (i) in subparagraph (A), by striking “Of the amounts authorized to be made available out of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under the preceding sentence” and all that follows through “(Public Law 103–296).”; and (ii) in subparagraph (B)(i)— (I) by striking subclauses (II) and (III) and inserting the following: “(II) the portion of such costs which should have been borne by the Social Security Trust Fund,”; and (II) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV); (B) in paragraph (2)— (i) by striking “Trust Funds” and inserting “Trust Fund”; and (ii) by striking the last sentence; and (C) in paragraph (4), by striking “Trust Funds” each place it appears and inserting “Trust Fund”. (6) BENEFIT PAYMENTS.—Section 201(h) of such Act is amended to read as follows: “(h) All benefit payments required to be made under this title shall be made only from the Social Security Trust Fund.”. (7) GIFTS.—Section 201(i) of such Act is amended— (A) in paragraph (1), by striking “the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund” and inserting “the Social Security Trust Fund”; and (B) in paragraph (2)(B), by striking “the Federal Old-Age and Survivors Insurance Trust Fund” and inserting “the Social Security Trust Fund”. (8) TRAVEL EXPENSES.—Section 201(j) of such Act is amended by striking “the Federal Old-Age and Survivors Insurance Trust Fund, or the Federal Disability Insurance Trust Fund (as determined appropriate by the Commissioner of Social Security)” and inserting “the Social Security Trust Fund”. (9) DEMONSTRATION PROJECTS.—Section 201(k) of such Act is amended by striking “the Federal Disability Insurance Trust Fund and the Federal Old-Age and Survivors Insurance Trust Fund, as determined appropriate by the Commissioner of Social Security” and inserting “the Social Security Trust Fund”. (10) BENEFIT CHECKS.—Section 201(m) of such Act is amended— (A) in paragraph (2), by striking “each of the Trust Funds” and inserting “the Social Security Trust Fund”; (B) in paragraph (3), by striking “one of the Trust Funds” and inserting “the Trust Fund”; and (C) by striking “such Trust Fund” each place it appears and inserting “the Trust Fund”. (11) CONFORMING REPEALS.— (A) IN GENERAL.—Section 201 of such Act is amended by striking subsections (b), (l), and (n). (B) REDESIGNATIONS.—Section 201 of such Act is further amended— (i) by redesignating subsections (c) through (j) as subsections (b) through (i), respectively; (ii) by redesignating subsection (k) as subsection (j); and (iii) by redesignating subsection (m) as subsection (k). (C) REFERENCES TO REDESIGNATED SECTIONS.— (i) Section 201(a) of such Act, as amended by subsection (a) of this section, is further amended— (I) by striking “subsection (i)(1)” and inserting “subsection (h)(1)”; and (II) by striking “subsection (d)” and inserting “subsection (c)”. (ii) Section 1131(b)(1) of such Act is amended by striking “section 201(g)(1)” and inserting “section 201(f)(1)”. (e) Other conforming amendments to Social Security Act.— (1) TITLE II.—Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended— (A) in section 202(x)(3)(B)(iii), by striking “the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate,” and inserting “the Social Security Trust Fund”; (B) in section 206(d)(5), by striking “the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate” and inserting “the Social Security Trust Fund”; (C) in section 206(e)(3)(B), by striking “the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund” and inserting “the Social Security Trust Fund”; (D) in section 208(b)(5)(A), by striking “the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate” and inserting “the Social Security Trust Fund”; (E) in section 215(i)(1)(F)— (i) in clause (i)— (I) by striking “the combined balance in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund” and inserting “the balance in the Social Security Trust Fund”; and (II) by striking “and reduced by the outstanding amount of any loan (including interest thereon) theretofore made to either such Fund from the Federal Hospital Insurance Trust Fund under section 201(l)”; and (ii) in clause (ii)— (I) by striking “the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund” and inserting “the Social Security Trust Fund”; and (II) by striking “(other than payments” and all that follows through “from that Account”; (F) in section 217(g)(2), by inserting after the first sentence the following: “For purposes of any such revision of the amount determined under paragraph (1) that occurs in a year after 2026, any reference in such paragraph to the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund shall be deemed to be a reference to the Social Security Trust Fund.”; (G) in section 221(e)— (i) by striking “Trust Funds” each place it appears and inserting “Trust Fund”; and (ii) by striking the last sentence; (H) in section 221(f), by striking “Trust Funds” and inserting “Trust Fund”; (I) in section 222(d)— (i) in the section heading, by striking “Trust Funds” and inserting “Trust Fund”; (ii) in paragraph (1), by striking “to the end that savings will accrue to the Trust Funds as a result of rehabilitating such individuals, there are authorized to be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund” and inserting “to the end that savings will accrue to the Trust Fund as a result of rehabilitating such individuals, there are authorized to be transferred from the Social Security Trust Fund”; and (iii) by amending paragraph (4) to read as follows: “(4) The Commissioner of Social Security shall determine according to such methods and procedures as the Commissioner may deem appropriate the total amount to be reimbursed for the cost of services under this subsection.”; (J) in section 228(g)— (i) in the section heading, by striking “Federal Old-Age and Survivors Insurance Trust Fund” and inserting “Social Security Trust Fund”; and (ii) in the matter preceding paragraph (1), by striking “Federal Old-Age and Survivors Insurance Trust Fund” and inserting “Social Security Trust Fund”; (K) in section 231(c), by striking “Trust Funds” each place it appears and inserting “Trust Fund”; and (L) in section 234(a)(1), by striking “Trust Funds” and inserting “Trust Fund”. (2) TITLE VII.—Title VII of the Social Security Act (42 U.S.C. 901 et seq.) is amended— (A) in section 703(j), by striking “Federal Disability Insurance Trust Fund, the Federal Old-Age and Survivors Insurance Trust Fund,” and inserting “Social Security Trust Fund”; (B) in section 708(c), by striking “the ‘OASDI trust fund ratio’ under section 201(l),” after “computing”; (C) in section 709— (i) in subsection (a), by striking “Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund” and inserting “Social Security Trust Fund”; and (ii) in subsection (b)— (I) in paragraph (1), by striking “section 201(l) or”; and (II) in paragraph (2), by striking “Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund” and inserting “Social Security Trust Fund”; and (D) in section 710— (i) in subsection (a), by striking “Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund” and inserting “Social Security Trust Fund”; and (ii) in subsection (b)— (I) by striking “any Trust Fund specified in subsection (a)” and inserting “the Social Security Trust Fund”; and (II) by striking “payments from any such Trust Fund” and inserting “payments from the Social Security Trust Fund”. (3) TITLE XI.—Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended— (A) in section 1106(b), by striking “the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund” and inserting “the Social Security Trust Fund”; (B) in section 1129(e)(2)(A), by striking “the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, as determined appropriate by the Secretary” and inserting “the Social Security Trust Fund”; (C) in sections 1131(b)(2) and 1140(c)(2), by striking “the Federal Old-Age and Survivors Insurance Trust Fund” and inserting “the Social Security Trust Fund”; (D) in section 1145(c)— (i) by striking paragraphs (1) and (2) and inserting the following: “(1) the Social Security Trust Fund;”; and (ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (E) in section 1148(j)(1)(A)— (i) in the first sentence, by striking “the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund” and inserting “the Social Security Trust Fund”; and (ii) by striking the second sentence. (4) TITLE XVIII.—Title XVIII of the Social Security Act (42 U.S.C. 1395) is amended— (A) in section 1817(g), by striking “Federal Old-Age and Survivors Insurance Trust Fund and from the Federal Disability Insurance Trust Fund” and inserting “Social Security Trust Fund”; (B) in section 1840(a)(2), by striking “Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund” and inserting “Social Security Trust Fund”; and (C) in section 1841(f), by striking “Federal Old-Age and Survivors Insurance Trust Fund and from the Federal Disability Insurance Trust Fund” and inserting “Social Security Trust Fund”. (f) Conforming amendments outside of Social Security Act.— (1) BUDGET.— (A) OFF-BUDGET EXEMPTION.—Section 405(a) of the Congressional Budget Act of 1974 (2 U.S.C. 655(a)) is amended by striking “Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds” and inserting “Social Security Trust Fund”. (B) SEQUESTRATION EXEMPTION.—Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by striking “Payments to Social Security Trust Funds” and inserting “Payments to the Social Security Trust Fund”. (2) TAX.— (A) TAXABLE WAGES.—Section 3121(l)(4) of the Internal Revenue Code of 1986 is amended by striking “Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund” and inserting “Social Security Trust Fund”. (B) OVERPAYMENTS.— (i) Section 6402(d)(3)(C) of the Internal Revenue Code of 1986 is amended by striking “Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, whichever is certified to the Secretary as appropriate by the Commissioner of Social Security” and inserting “Social Security Trust Fund”. (ii) Subsection (f)(2)(B) of section 3720A of title 31, United States Code, is amended by striking “Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, whichever is certified to the Secretary of the Treasury as appropriate by the Commissioner of Social Security” and inserting “Social Security Trust Fund”. (3) FALSE CLAIMS PENALTIES.—Subsection (g)(2) of section 3806 of title 31, United States Code, is amended— (A) in subparagraph (B)— (i) by striking “Secretary of Health and Human Services” and inserting “Commissioner of Social Security”; and (ii) by striking “Federal Old-Age and Survivors Insurance Trust Fund” and inserting “Social Security Trust Fund”; and (B) in subparagraph (C)— (i) by striking “Secretary of Health and Human Services” and inserting “Commissioner of Social Security”; and (ii) by striking “Federal Disability Insurance Trust Fund” and inserting “Social Security Trust Fund”. (4) RAILROAD RETIREMENT BOARD.—Section 7 of the Railroad Retirement Act of 1974 (45 U.S.C. 231f) is amended— (A) in subsection (b)(2), by striking “Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund” and inserting “Social Security Trust Fund”; (B) in subsection (c)(2)— (i) by striking “Secretary of Health, Education, and Welfare” each time it appears and inserting “Commissioner of Social Security”; and (ii) by striking “Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund,” each time it appears and inserting “Social Security Trust Fund”; and (C) in subsection (c)(4), by striking “Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund,” and inserting “Social Security Trust Fund”. (g) Rule of construction.—Effective beginning on January 1 of the first calendar year beginning after the date of the enactment of this section, any reference in law to the “Federal Old-Age and Survivors Insurance Trust Fund” or the “Federal Disability Insurance Trust Fund” is deemed to be a reference to the Social Security Trust Fund. (h) Effective date.—The amendments made by this section shall take effect on January 1 of the first calendar year beginning after the date of the enactment of this section. Sec. 205. Negotiation of lower covered part D drug prices on behalf of Medicare beneficiaries; Establishment and application of formulary by the Secretary of Health and Human Services under Medicare part D. (a) In general.—Section 1860D–11 of the Social Security Act (42 U.S.C. 1395w–111) is amended by striking subsection (i) (relating to noninterference) and inserting the following: “(i) Negotiation of Lower Drug Prices; establishment and application of formulary.— “(1) NEGOTIATION.— “(A) IN GENERAL.—Notwithstanding any other provision of law, subject to subparagraph (B), the Secretary shall, with respect to an applicable period (as defined in subparagraph (H))— “(i) during the negotiation year (as defined in such subparagraph) for such period, negotiate with pharmaceutical manufacturers the prices (including discounts, rebates, and all other price concessions) that may be charged to PDP sponsors and MA organizations for applicable covered part D drugs (as defined in such subparagraph) furnished to enrollees during such period; and “(ii) complete such negotiations not less than 30 days before the first day of the application review process for the first plan year during the applicable period for new contracts or expanding existing contracts with PDP sponsors and MA organizations to offer prescription drug plans or MA–PD plans, respectively. “(B) USE OF FALLBACK IF NEGOTIATIONS FAIL.— “(i) IN GENERAL.—If, after negotiations under subparagraph (A) with respect to an applicable period, the Secretary is not successful in obtaining an appropriate price for applicable covered part D drugs in accordance with clause (ii), the price that may be charged to PDP sponsors and MA organizations for applicable covered part D drugs furnished to enrollees during such period shall be the lowest of the following: “(I) The contract price applied pursuant to section 8126 of title 38, United States Code, for such drug for the contract year (as defined in such section 8126). “(II) The average of the prices available, during the most recent 12-month period for which data is available from the manufacturer to any wholesaler, retailer, provider, health maintenance organization, nonprofit entity, or governmental entity in Canada, the United Kingdom, Germany, France, and Japan. “(III) The best price determined under section 1927(c)(1)(C) for such drug for the most recent rebate period (as defined in section 1927(k)(8)) applicable to such first plan year of the applicable period. “(ii) GUIDANCE.—Not later than 6 months before the Secretary begins negotiations under subparagraph (A) with respect to the first applicable period, the Secretary shall issue guidance on criteria to be considered for purposes of determining under clause (i) whether or not the Secretary is successful in obtaining an appropriate price for an applicable covered part D drug. Such criteria shall include at least the following: “(I) The comparative clinical effectiveness and cost effectiveness, if available, of such covered part D drug. “(II) The budgetary impact of providing coverage under this part for such covered part D drug. “(III) The number of similarly effective drug or alternative treatment regimens for each approved use of such covered part D drug. “(IV) Associated unmet need or severity of illness. “(C) IDENTIFICATION OF APPLICABLE COVERED PART D DRUGS.— “(i) IN GENERAL.—The Secretary shall, for each applicable period, in accordance with the subsequent clauses of this subparagraph, and pursuant to rulemaking, identify applicable covered part D drugs for which negotiations under subparagraph (A) shall be conducted during the negotiation year for such period. In this paragraph, all such covered part D drugs so identified for an applicable period are collectively referred to as applicable covered part D drugs with respect to such period. “(ii) IDENTIFICATION OF PRIORITIZED DRUGS.—In carrying out clause (i), except as provided under clause (iii), the Secretary may not identify a covered part D drug that is not a drug prioritized pursuant to subparagraph (D) as an applicable covered part D drug until all covered part D drugs that are so prioritized have been identified as an applicable covered part D drug for the applicable period or for a previous applicable period for which the negotiated price of such drug has not expired. “(iii) DRUG INCLUSIONS FOR PRICE RENEGOTIATIONS.—In the case of a covered part D drug that is identified as an applicable covered part D drug for an applicable period, such covered part D drug shall be identified as an applicable covered part D drug for each subsequent third negotiation year. “(iv) REASONABLE NOTIFICATION.—The Secretary shall carry out this subparagraph in such manner as to provide for public notification of applicable covered part D drugs for the applicable period within a reasonable period before the beginning of the negotiation year for such period. “(D) PRIORITIZATION OF CERTAIN COVERED PART D DRUGS.—For purposes of subparagraph (C)(ii), the Secretary shall prioritize covered part D drugs— “(i) that are among— “(I) the 40 covered part D drugs that are utilized by at least 1,000 Medicare part D beneficiaries and with respect to which there were the highest total expenditures under this part during the most recent 12-month period for which data is available; “(II) the 40 covered part D drugs that are utilized by at least 1,000 Medicare part D beneficiaries with respect to whom the total annual spending per such a beneficiary under this part for coverage of such a drug is at least $10,000; or “(III) the 20 covered part D drugs that are utilized by at least 1,000 Medicare part D beneficiaries and with respect to which there are unit cost increases at or above the 95th percentile of overall covered part D drug unit cost increases during the most recent 12-month period prior to the beginning of such negotiation year for which data is available; “(ii) with respect to which the cost of such a drug to the part D eligible individual involved would exceed the annual out-of-pocket threshold applicable under section 1860D–2(b)(4)(B) for such negotiation year, if the drug were prescribed to the individual for the period of the year or with respect to which a single treatment regimen is priced above such annual out-of-pocket threshold applicable under such section 1860D–2(b)(4)(B) for the year; or “(iii) that are single-source drugs or biologicals (as defined in section 1847A(c)(6)(D)) and that satisfy at least one other criterion described in a previous clause of this subparagraph. “(E) ANNUAL REPORT TO CONGRESS.—Not later than 30 days after the date on which the Secretary completes negotiations under this paragraph for the first negotiation year and each year thereafter, the Secretary shall submit to Congress and make available to the public a report describing the negotiations during the preceding negotiation year, including— “(i) the number of applicable covered part D drug prices negotiated; “(ii) the magnitude of savings achieved as a result of such negotiations; “(iii) the number of times price negotiations failed (based on the criteria included in the guidance issued pursuant to clause (ii) of subparagraph (B)) and resulted in the use of fallback prices under clause (i) of such subparagraph, and the rationale for any such decisions; “(iv) the progress made toward negotiating the prices of covered part D drugs that are prioritized under subparagraph (D); and “(v) the barriers, if any, to achieving savings through negotiations. “(F) GAO REPORT.—Not later than December 31, 2029, the Comptroller General of the United States shall submit to Congress a report on the negotiations conducted by the Secretary under this paragraph, including a description and analysis of— “(i) the extent to which such price negotiations are achieving lower prices for covered part D drugs for enrollees; “(ii) the parties benefitting from such lower prices, such as enrollees, the Federal Government, States, prescription drug plans and MA–PD plans, or other entities; “(iii) how such price negotiations are affecting— “(I) the list price of covered part D drugs; and “(II) drug prices in the private market; and “(iv) recommendations for improving price negotiations, if applicable. “(G) DEFINITIONS.—For purposes of this paragraph: “(i) APPLICABLE COVERED PART D DRUGS.—The term ‘applicable covered part D drugs’ means, for an applicable period, covered part D drugs identified by the Secretary under subparagraph (C) for such period. “(ii) APPLICABLE PERIOD.—The term ‘applicable period’ means, with respect to a negotiation year and applicable covered part D drugs, the 3-plan year period beginning with the first plan year beginning after the negotiation year for such covered part D drugs. “(iii) NEGOTIATION YEAR.—The term ‘negotiation year’ means, with respect to an applicable period, a plan year, beginning with 2027, prior to the first plan year of the applicable period. “(2) ESTABLISHMENT AND APPLICATION OF FORMULARY BY THE SECRETARY OR CHANGES IN FORMULARIES TO BE REQUIRED BY SECRETARY.— “(A) IN GENERAL.—The Secretary shall, for plan years beginning with plan year 2027— “(i) subject to subparagraphs (B) and (C), establish and apply a formulary for required use by sponsors of prescription drug plans and organizations offering MA–PD plans under this part; or “(ii) require changes, as necessary, in the covered part D drugs included on formularies of PDP sponsors of prescription drug plans (including changes, as necessary, in the preferred or tiered cost-sharing status of such a drug) to take into account negotiations carried out by the Secretary pursuant to paragraph (1), regardless of whether such a covered part D drug is the subject of such negotiations. “(B) REQUIRED INCLUSION OF DRUGS IN ALL THERAPEUTIC CATEGORIES.—A formulary established and applied under subparagraph (A)(i) shall include at least two covered part D drugs in each category and class of covered part D drugs as described in section 423.120(b)(2)(i) of title 42, Code of Federal Regulations (as in effect on January 1, 2026). “(C) APPLICATION OF DEVELOPMENT AND REVISION REQUIREMENTS AND REQUIRED INCLUSION OF ALL DRUGS IN CERTAIN CATEGORIES AND CLASSES.—The requirements described in subparagraphs (A) and (B) of section 1860D–4(b)(3) (relating to development and revision requirements of the formulary) and subparagraph (G) of such section (relating to required inclusion of all drugs in certain categories and classes) shall apply to a formulary established and applied under subparagraph (A)(i) of this paragraph. “(3) PLAN FLEXIBILITY TO NEGOTIATE GREATER DISCOUNTS.—Nothing in this subsection shall be construed as preventing the sponsor of a prescription drug plan, or an organization offering an MA–PD plan, from obtaining a discount or reduction of the price for a covered part D drug below the price negotiated under paragraph (1), if applicable, including through the use of preferred or tiered cost-sharing status. “(4) ENSURING BENEFICIARY ACCESS TO NEEDED DRUGS.—Beginning with plan year 2027, each PDP sponsor of a prescription drug plan and organization offering an MA–PD plan shall have in place a process under which an enrollee in the plan may request coverage under the plan for a covered part D drug that is not on the formulary, or is subject to utilization management controls, such as tiered pricing, prior authorization, or step therapy.”. (b) Conforming amendments.— (1) IN GENERAL.—Section 1860D–4 of the Social Security Act (42 U.S.C. 1395w–104) is amended— (A) in subsection (b)(3), in the matter preceding subparagraph (A), by striking “If a PDP” and inserting “Subject to section 1860D–11(i)(2), if a PDP”; (B) in subsection (g)— (i) in paragraph (1), by inserting before the period at the end the following: “, except that the PDP sponsor of a prescription drug plan shall treat the presentation of a prescription to a participating pharmacy, which is transmitted to the plan by the pharmacy, as a request for a coverage determination (including with respect to prior authorization, step therapy, or quantity limits) and, in applying such paragraphs of section 1852(g), the response to such transmittal shall be treated as a determination by the sponsor”; and (ii) in paragraph (2), in the first sentence, by inserting “(or a participating pharmacy, on behalf of such individual, through transmission of a prescription as described in paragraph (1))” after “a part D eligible individual who is enrolled in the plan”; and (C) in subsection (h)— (i) in paragraph (1), in the second sentence, by inserting “(or a participating pharmacy, on behalf of such individual)” after “the part D eligible individual”; and (ii) in paragraph (2), by inserting “(or a participating pharmacy, on behalf of such individual)” after “A part D eligible individual who is enrolled in a prescription drug plan offered by a PDP sponsor”. (2) EFFECTIVE DATE.—The amendments made by subparagraphs (B) and (C) of paragraph (1) shall apply to plans years beginning on or after January 1, 2027. Sec. 206. Requiring drug manufacturers to provide drug rebates for drugs dispensed to low-income individuals. (a) Rebate agreements.—Section 1860D–2 of the Social Security Act (42 U.S.C. 1395w–102) is amended— (1) in subsection (e)(1), in the matter preceding subparagraph (A), by inserting “and subsection (f)” after “this subsection”; and (2) by adding at the end the following new subsection: “(f) Prescription drug rebate agreement for rebate eligible individuals.— “(1) REQUIREMENT.— “(A) IN GENERAL.—For plan years beginning on or after January 1, 2027, in this part, the term ‘covered part D drug’ does not include any drug or biological product that is manufactured by a manufacturer that has not entered into and have in effect a rebate agreement described in paragraph (2). “(B) 2027 PLAN YEAR REQUIREMENT.—Any drug or biological product manufactured by a manufacturer that declines to enter into a rebate agreement described in paragraph (2) for the period beginning on January 1, 2027, and ending on December 31, 2028, shall not be included as a ‘covered part D drug’ for the subsequent plan year. “(2) REBATE AGREEMENT.—A rebate agreement under this subsection shall require the manufacturer to provide to the Secretary a rebate for each rebate period (as defined in paragraph (6)(B)) ending after December 31, 2028, in the amount specified in paragraph (3) for any covered part D drug of the manufacturer dispensed after December 31, 2028, to any rebate eligible individual (as defined in paragraph (6)(A)) for which payment was made by a PDP sponsor or MA organization under this part for such period, including payments passed through the low-income and reinsurance subsidies under sections 1860D–14 and 1860D–15(b), respectively. Such rebate shall be paid by the manufacturer to the Secretary not later than 30 days after the date of receipt of the information described in section 1860D–12(b)(8), including as such section is applied under section 1857(f)(3), or 30 days after the receipt of information under subparagraph (D) of paragraph (3), as determined by the Secretary. Insofar as not inconsistent with this subsection, the Secretary shall establish terms and conditions of such agreement relating to compliance, penalties, and program evaluations, investigations, and audits that are similar to the terms and conditions for rebate agreements under paragraphs (3) and (4) of section 1927(b). “(3) REBATE FOR REBATE ELIGIBLE MEDICARE DRUG PLAN ENROLLEES.— “(A) IN GENERAL.—The amount of the rebate specified under this paragraph for a manufacturer for a rebate period, with respect to each dosage form and strength of any covered part D drug provided by such manufacturer and dispensed to a rebate eligible individual, shall be equal to the product of— “(i) the total number of units of such dosage form and strength of the drug so provided and dispensed for which payment was made by a PDP sponsor or an MA organization under this part for the rebate period, including payments passed through the low-income and reinsurance subsidies under sections 1860D–14 and 1860D–15(b), respectively; and “(ii) the amount (if any) by which— “(I) the Medicaid rebate amount (as defined in subparagraph (B)) for such form, strength, and period, exceeds “(II) the average Medicare drug program rebate eligible rebate amount (as defined in subparagraph (C)) for such form, strength, and period. “(B) MEDICAID REBATE AMOUNT.—For purposes of this paragraph, the term ‘Medicaid rebate amount’ means, with respect to each dosage form and strength of a covered part D drug provided by the manufacturer for a rebate period— “(i) in the case of a single source drug or an innovator multiple source drug, the amount specified in paragraph (1)(A)(ii)(II) or (2)(C) Sec. 2. Negotiation of lower covered part D drug prices on behalf of Medicare beneficiaries; Establishment and application of formulary by the Secretary of Health and Human Services under Medicare part D. (b) Negotiation.—Section 1860D–11 of the Social Security Act (42 U.S.C. 1395w–111) is amended by striking subsection (i) (relating to noninterference) and inserting the following: “(i) Negotiation of Lower Drug Prices; establishment and application of formulary.— “(1) NEGOTIATION.— “(A) IN GENERAL.—Notwithstanding any other provision of law, subject to subparagraph (B), the Secretary shall, with respect to an applicable period (as defined in subparagraph (H))— “(i) during the negotiation year (as defined in such subparagraph) for such period, negotiate with pharmaceutical manufacturers the prices (including discounts, rebates, and all other price concessions) that may be charged to PDP sponsors and MA organizations for applicable covered part D drugs (as defined in such subparagraph) furnished to enrollees during such period; and “(ii) complete such negotiations not less than 30 days before the first day of the application review process for the first plan year during the applicable period for new contracts or expanding existing contracts with PDP sponsors and MA organizations to offer prescription drug plans or MA–PD plans, respectively. “(B) USE OF FALLBACK IF NEGOTIATIONS FAIL.— “(i) IN GENERAL.—If, after negotiations under subparagraph (A) with respect to an applicable period, the Secretary is not successful in obtaining an appropriate price for applicable covered part D drugs in accordance with clause (ii), the price that may be charged to PDP sponsors and MA organizations for applicable covered part D drugs furnished to enrollees during such period shall be the lowest of the following: “(I) The contract price applied pursuant to section 8126 of title 38, United States Code, for such drug for the contract year (as defined in such section 8126). “(II) The average of the prices available, during the most recent 12-month period for which data is available from the manufacturer to any wholesaler, retailer, provider, health maintenance organization, nonprofit entity, or governmental entity in Canada, the United Kingdom, Germany, France, and Japan. “(III) The best price determined under section 1927(c)(1)(C) for such drug for the most recent rebate period (as defined in section 1927(k)(8)) applicable to such first plan year of the applicable period. “(ii) GUIDANCE.—Not later than 6 months before the Secretary begins negotiations under subparagraph (A) with respect to the first applicable period, the Secretary shall issue guidance on criteria to be considered for purposes of determining under clause (i) whether or not the Secretary is successful in obtaining an appropriate price for an applicable covered part D drug. Such criteria shall include at least the following: “(I) The comparative clinical effectiveness and cost effectiveness, if available, of such covered part D drug. “(II) The budgetary impact of providing coverage under this part for such covered part D drug. “(III) The number of similarly effective drug or alternative treatment regimens for each approved use of such covered part D drug. “(IV) Associated unmet need or severity of illness. “(C) IDENTIFICATION OF APPLICABLE COVERED PART D DRUGS.— “(i) IN GENERAL.—The Secretary shall, for each applicable period, in accordance with the subsequent clauses of this subparagraph, and pursuant to rulemaking, identify applicable covered part D drugs for which negotiations under subparagraph (A) shall be conducted during the negotiation year for such period. In this paragraph, all such covered part D drugs so identified for an applicable period are collectively referred to as applicable covered part D drugs with respect to such period. “(ii) IDENTIFICATION OF PRIORITIZED DRUGS.—In carrying out clause (i), except as provided under clause (iii), the Secretary may not identify a covered part D drug that is not a drug prioritized pursuant to subparagraph (D) as an applicable covered part D drug until all covered part D drugs that are so prioritized have been identified as an applicable covered part D drug for the applicable period or for a previous applicable period for which the negotiated price of such drug has not expired. “(iii) DRUG INCLUSIONS FOR PRICE RENEGOTIATIONS.—In the case of a covered part D drug that is identified as an applicable covered part D drug for an applicable period, such covered part D drug shall be identified as an applicable covered part D drug for each subsequent third negotiation year. “(iv) REASONABLE NOTIFICATION.—The Secretary shall carry out this subparagraph in such manner as to provide for public notification of applicable covered part D drugs for the applicable period within a reasonable period before the beginning of the negotiation year for such period. “(D) PRIORITIZATION OF CERTAIN COVERED PART D DRUGS.—For purposes of subparagraph (C)(ii), the Secretary shall prioritize covered part D drugs— “(i) that are among— “(I) the 40 covered part D drugs that are utilized by at least 1,000 Medicare part D beneficiaries and with respect to which there were the highest total expenditures under this part during the most recent 12-month period for which data is available; “(II) the 40 covered part D drugs that are utilized by at least 1,000 Medicare part D beneficiaries with respect to whom the total annual spending per such a beneficiary under this part for coverage of such a drug is at least $10,000; or “(III) the 20 covered part D drugs that are utilized by at least 1,000 Medicare part D beneficiaries and with respect to which there are unit cost increases at or above the 95th percentile of overall covered part D drug unit cost increases during the most recent 12-month period prior to the beginning of such negotiation year for which data is available; “(ii) with respect to which the cost of such a drug to the part D eligible individual involved would exceed the annual out-of-pocket threshold applicable under section 1860D–2(b)(4)(B) for such negotiation year, if the drug were prescribed to the individual for the period of the year or with respect to which a single treatment regimen is priced above such annual out-of-pocket threshold applicable under such section 1860D–2(b)(4)(B) for the year; or “(iii) that are single-source drugs or biologicals (as defined in section 1847A(c)(6)(D)) and that satisfy at least one other criterion described in a previous clause of this subparagraph. “(E) ANNUAL REPORT TO CONGRESS.—Not later than 30 days after the date on which the Secretary completes negotiations under this paragraph for the first negotiation year and each year thereafter, the Secretary shall submit to Congress and make available to the public a report describing the negotiations during the preceding negotiation year, including— “(i) the number of applicable covered part D drug prices negotiated; “(ii) the magnitude of savings achieved as a result of such negotiations; “(iii) the number of times price negotiations failed (based on the criteria included in the guidance issued pursuant to clause (ii) of subparagraph (B)) and resulted in the use of fallback prices under clause (i) of such subparagraph, and the rationale for any such decisions; “(iv) the progress made toward negotiating the prices of covered part D drugs that are prioritized under subparagraph (D); and “(v) the barriers, if any, to achieving savings through negotiations. “(F) GAO REPORT.—Not later than December 31, 2029, the Comptroller General of the United States shall submit to Congress a report on the negotiations conducted by the Secretary under this paragraph, including a description and analysis of— “(i) the extent to which such price negotiations are achieving lower prices for covered part D drugs for enrollees; “(ii) the parties benefitting from such lower prices, such as enrollees, the Federal Government, States, prescription drug plans and MA–PD plans, or other entities; “(iii) how such price negotiations are affecting— “(I) the list price of covered part D drugs; and “(II) drug prices in the private market; and “(iv) recommendations for improving price negotiations, if applicable. “(G) DEFINITIONS.—For purposes of this paragraph: “(i) APPLICABLE COVERED PART D DRUGS.—The term ‘applicable covered part D drugs’ means, for an applicable period, covered part D drugs identified by the Secretary under subparagraph (C) for such period. “(ii) APPLICABLE PERIOD.—The term ‘applicable period’ means, with respect to a negotiation year and applicable covered part D drugs, the 3-plan year period beginning with the first plan year beginning after the negotiation year for such covered part D drugs. “(iii) NEGOTIATION YEAR.—The term ‘negotiation year’ means, with respect to an applicable period, a plan year, beginning with 2027, prior to the first plan year of the applicable period. “(2) ESTABLISHMENT AND APPLICATION OF FORMULARY BY THE SECRETARY OR CHANGES IN FORMULARIES TO BE REQUIRED BY SECRETARY.— “(A) IN GENERAL.—The Secretary shall, for plan years beginning with plan year 2027— “(i) subject to subparagraphs (B) and (C), establish and apply a formulary for required use by sponsors of prescription drug plans and organizations offering MA–PD plans under this part; or “(ii) require changes, as necessary, in the covered part D drugs included on formularies of PDP sponsors of prescription drug plans (including changes, as necessary, in the preferred or tiered cost-sharing status of such a drug) to take into account negotiations carried out by the Secretary pursuant to paragraph (1), regardless of whether such a covered part D drug is the subject of such negotiations. “(B) REQUIRED INCLUSION OF DRUGS IN ALL THERAPEUTIC CATEGORIES.—A formulary established and applied under subparagraph (A)(i) shall include at least two covered part D drugs in each category and class of covered part D drugs as described in section 423.120(b)(2)(i) of title 42, Code of Federal Regulations (as in effect on January 1, 2026). “(C) APPLICATION OF DEVELOPMENT AND REVISION REQUIREMENTS AND REQUIRED INCLUSION OF ALL DRUGS IN CERTAIN CATEGORIES AND CLASSES.—The requirements described in subparagraphs (A) and (B) of section 1860D–4(b)(3) (relating to development and revision requirements of the formulary) and subparagraph (G) of such section (relating to required inclusion of all drugs in certain categories and classes) shall apply to a formulary established and applied under subparagraph (A)(i) of this paragraph. “(3) PLAN FLEXIBILITY TO NEGOTIATE GREATER DISCOUNTS.—Nothing in this subsection shall be construed as preventing the sponsor of a prescription drug plan, or an organization offering an MA–PD plan, from obtaining a discount or reduction of the price for a covered part D drug below the price negotiated under paragraph (1), if applicable, including through the use of preferred or tiered cost-sharing status. “(4) ENSURING BENEFICIARY ACCESS TO NEEDED DRUGS.—Beginning with plan year 2027, each PDP sponsor of a prescription drug plan and organization offering an MA–PD plan shall have in place a process under which an enrollee in the plan may request coverage under the plan for a covered part D drug that is not on the formulary, or is subject to utilization management controls, such as tiered pricing, prior authorization, or step therapy.”. (c) Conforming amendments.— (1) IN GENERAL.—Section 1860D–4 of the Social Security Act (42 U.S.C. 1395w–104) is amended— (A) in subsection (b)(3), in the matter preceding subparagraph (A), by striking “If a PDP” and inserting “Subject to section 1860D–11(i)(2), if a PDP”; (B) in subsection (g)— (i) in paragraph (1), by inserting before the period at the end the following: “, except that the PDP sponsor of a prescription drug plan shall treat the presentation of a prescription to a participating pharmacy, which is transmitted to the plan by the pharmacy, as a request for a coverage determination (including with respect to prior authorization, step therapy, or quantity limits) and, in applying such paragraphs of section 1852(g), the response to such transmittal shall be treated as a determination by the sponsor”; and (ii) in paragraph (2), in the first sentence, by inserting “(or a participating pharmacy, on behalf of such individual, through transmission of a prescription as described in paragraph (1))” after “a part D eligible individual who is enrolled in the plan”; and (C) in subsection (h)— (i) in paragraph (1), in the second sentence, by inserting “(or a participating pharmacy, on behalf of such individual)” after “the part D eligible individual”; and (ii) in paragraph (2), by inserting “(or a participating pharmacy, on behalf of such individual)” after “A part D eligible individual who is enrolled in a prescription drug plan offered by a PDP sponsor”. (2) EFFECTIVE DATE.—The amendments made by subparagraphs (B) and (C) of paragraph (1) shall apply to plans years beginning on or after January 1, 2027. Sec. 207. Medicare payments to hospitals contingent on implementation of security procedures regarding infant patient protection and baby switching. (a) Agreements With Hospitals.—Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended— (1) in subparagraphs (W) and (X), by moving the margin of each subparagraph 2 ems to the left; (2) in subparagraph (X), by striking “and” at the end; (3) in subparagraph (Y), by striking the period at the end and inserting “, and”; and (4) by inserting after subparagraph (Y) the following new subparagraph: “(Z) in the case of hospitals and critical access hospitals that provide neonatal or infant care, to have in effect security procedures that meet standards established by the Secretary (in consultation with appropriate organizations) to reduce the likelihood of infant patient sickness or death, infant patient abduction, and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital and ensuring that all medical issues in infants are documented and treated to the maximum degree possible.”. (b) Regulations.— (1) IN GENERAL.—In promulgating regulations under subparagraph (Z) of section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)), as added by subsection (a), the Secretary of Health and Human Services shall— (A) consult with various organizations representing consumers, appropriate State and local regulatory agencies, hospitals, and critical access hospitals; (B) take into account variations in size and location of hospitals and critical access hospitals, and the percentage of overall services furnished by such hospitals and critical access hospitals that neonatal care and infant care represent; and (C) promulgate specific regulations that address each size and type of hospital covered. (2) DEADLINE FOR PUBLICATION.—Not later than 12 months after the date of the enactment of this Act, the Secretary shall publish the regulations required under paragraph (1). In order to carry out this requirement in a timely manner, the Secretary may promulgate regulations that take effect on an interim basis, after notice and pending opportunity for public comment. (c) Penalties.— (1) AMOUNT OF PENALTY.—A hospital that participates in the Medicare program under title XVIII of the Social Security Act under an agreement pursuant to section 1866 of such Act (42 U.S.C. 1395cc) that commits a violation described in paragraph (2) is subject to a civil money penalty of not more than $50,000 (or not more than $25,000 in the case of a hospital with fewer than 100 beds) for each such violation. (2) VIOLATION DESCRIBED.—A hospital described in paragraph (1) commits a violation for purposes of this subsection if the hospital fails to have in effect security procedures that meet standards established by the Secretary of Health and Human Services under section 1866(a)(1)(Z) of such Act, as added by subsection (a), to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital. (3) ADMINISTRATIVE PROVISIONS.—The provisions of section 1128A of such Act (42 U.S.C. 1320a–7a), other than subsections (a) and (b), shall apply to a civil money penalty under this subsection in the same manner as such provisions apply with respect to a penalty or proceeding under section 1128A(a) of such Act. (d) Effective date.—This section, and the amendments made by this section, shall take effect on the date that is 18 months after the date of the enactment of this Act, and shall apply to contracts entered into or renewed under section 1866 of the Social Security Act (42 U.S.C. 1395cc) on or after such date. Sec. 208. Phase-out of divorcee spousal benefits. (a) Wife benefits.—Section 202(b) of the Social Security Act (42 U.S.C. 402(b)) is amended by adding at the end the following new paragraph: "(5) Notwithstanding any other provision of this subsection, for individuals who attain age 62 in calendar year 2028 or later, the wife's insurance benefit under this subsection (other than in the case of a widow or surviving non-divorced wife) shall be reduced by 20 percent for each year after 2027, such that the benefit is fully phased out for individuals attaining age 62 in calendar year 2032 or later. Furthermore, in no case shall any benefit be paid under this subsection for multiple husbands to a single woman.". (b) Husband benefits.—Section 202(c) of such Act (42 U.S.C. 402(c)) is amended by adding at the end the following new paragraph: "(5) Notwithstanding any other provision of this subsection, for individuals who attain age 62 in calendar year 2028 or later, the husband's insurance benefit under this subsection (other than in the case of a widower or surviving non-divorced husband) shall be reduced by 20 percent for each year after 2027, such that the benefit is fully phased out for individuals attaining age 62 in calendar year 2032 or later. Furthermore, in no case shall any benefit be paid under this subsection for multiple wives to a single man.". (c) Effective date.—The amendments made by this section shall apply to benefits payable for months beginning after December 31, 2027. Sec. 209. Indexing of cost-of-living adjustments to chained consumer price index. (a) In general.—Section 215(i)(1)(D) of the Social Security Act (42 U.S.C. 415(i)(1)(D)) is amended by striking "Consumer Price Index for Urban Wage Earners and Clerical Workers" and inserting "Chained Consumer Price Index for All Urban Consumers (C-CPI-U)". (b) Effective date.—The amendment made by this section shall apply to cost-of-living increases determined for calendar years beginning after 2027. Sec. 210. Calculation of benefits based on highest 40 years of earnings. (a) In general.—Section 215(a)(1)(A) of the Social Security Act (42 U.S.C. 415(a)(1)(A)) is amended by striking "35" and inserting "40". (b) Effective date.—The amendment made by this section shall apply to individuals who attain age 62 in calendar year 2028 or later. Sec. 211. Restriction of disability insurance eligibility. (a) Work requirement.—Section 223(d)(1) of the Social Security Act (42 U.S.C. 423(d)(1)) is amended by inserting after subparagraph (C) the following new subparagraph: "(D) For purposes of subparagraph (A), an individual shall not be considered to be under a disability unless the impairment is expected to result in death or has lasted or can be expected to last for a continuous period of not less than 24 months (instead of 12 months as provided under prior law), and the Commissioner of Social Security determines that no substantial gainful activity is possible even with reasonable accommodations.". (b) Conforming amendments.—Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking "12 months" each place it appears and inserting "24 months". (c) Limitation on maximum disability insurance benefits.—Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by adding at the end the following new sentence: "Notwithstanding any other provision of this title, for benefits payable for months beginning after December 31, 2027, the amount of the disability insurance benefit under this subsection shall not exceed 75 percent of the primary insurance amount that would be computed under section 215(a) if the individual had attained age 62 in the month in which the disability began.". (d) Increase in minimum age for disability insurance eligibility.—Section 223(d)(1)(A) of such Act (42 U.S.C. 423(d)(1)(A)) is amended by inserting after "unable to engage in any substantial gainful activity" the following: ", and has attained age 25 (instead of age 18 as provided under prior law),". (e) Requirement for submission of all evidence prior to initial hearing.—Section 223(d)(5) of such Act (42 U.S.C. 423(d)(5)) is amended by adding at the end the following new subparagraph: "(C) In making any determination under this subsection, the Commissioner of Social Security shall require that all evidence (including medical and other records) intended to be considered in support of the claim be submitted not later than 30 days prior to the date of the initial disability hearing. Evidence submitted after such date shall not be considered unless the claimant demonstrates good cause for the failure to submit timely, as determined by the Commissioner.". (f) Elimination of controlling weight for treating physician evidence.—Section 223(d)(5) of such Act (42 U.S.C. 423(d)(5)) is further amended by adding at the end the following new subparagraph: "(D) In making any determination under this subsection, the Commissioner of Social Security shall not assign controlling weight to any medical opinion or evidence from a treating physician or other medical source. All evidence shall be evaluated based on its consistency with the record as a whole, its supportability, and other factors as determined by the Commissioner in regulations.". (g) Increase in age for child's insurance benefits based on disability.—Section 202(d)(1)(B) of such Act (42 U.S.C. 402(d)(1)(B)) is amended by striking "age 22" and inserting "age 25". (h) Elimination of reduced work credit requirements for younger workers.—Section 223(c)(1)(B) of such Act (42 U.S.C. 423(c)(1)(B)) is amended— (1) by striking clause (i) and redesignating clauses (ii) through (iv) as clauses (i) through (iii), respectively; and (2) in the matter preceding clause (i) (as so redesignated), by striking "except that—" and all that follows through "in the case of an individual" and inserting "except that in the case of an individual". (i) Adjustment of vocational age categories.—The Commissioner of Social Security shall revise the medical-vocational guidelines under Appendix 2 to Subpart P of Part 404 of Title 20, Code of Federal Regulations (or any successor regulations), to— (1) increase the age category for "approaching advanced age" from ages 50 through 54 to ages 53 through 57; (2) increase the age category for "advanced age" from ages 55 through 59 to ages 58 through 59; and (3) maintain the age category for "closely approaching retirement age" as age 60 or older. (j) Effective date.—The amendments made by this section shall apply to applications for disability insurance benefits filed after the date that is 180 days after the date of the enactment of this Act. TITLE III—Civil Service Reform of 2026 Sec. 301. Data standards for grant reporting. (a) Amendment.—Subtitle V of title 31, United States Code, is amended by inserting after chapter 63 the following new chapter: “CHAPTER 64—DATA STANDARDS FOR GRANT REPORTING “Sec. 6401. Definitions. “In this chapter: “(1) AGENCY.—The term ‘agency’ has the meaning given that term in section 552(f) of title 5. “(2) CORE DATA ELEMENTS.—The term ‘core data elements’ means data elements that are not program-specific in nature and are required by agencies for all or the vast majority of Federal grant and cooperative assistance recipients for purposes of reporting. “(3) DIRECTOR.—The term ‘Director’ means the Director of the Office of Management and Budget. “(4) FEDERAL AWARD.—The term ‘Federal award’— “(A) means the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States, including financial assistance and Government facilities, services, and property; “(B) includes grants, subgrants, awards, and cooperative agreements; and “(C) does not include— “(i) conventional public information services or procurement of property or services for the direct benefit or use of the Government; or “(ii) an agreement that provides only— “(I) direct Government cash assistance to an individual; “(II) a subsidy; “(III) a loan; “(IV) a loan guarantee; or “(V) insurance. “(5) SECRETARY.—The term ‘Secretary’ means the head of the standard-setting agency. “(6) STANDARD-SETTING AGENCY.—The term ‘standard-setting agency’ means the Executive department designated under section 6402(a)(1). “(7) STATE.—The term ‘State’ means each State of the United States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian Tribe. “Sec. 6402. Data standards for grant reporting. “(a) In general.— “(1) DESIGNATION OF STANDARD-SETTING AGENCY.—The Director shall designate the Executive department (as defined in section 101 of title 5) that issues the most Federal awards in a calendar year as the standard-setting agency. “(2) ESTABLISHMENT OF STANDARDS.—Not later than 1 year after the date of the enactment of this chapter, the Secretary and the Director shall establish Governmentwide data standards for information reported by recipients of Federal awards. “(3) DATA ELEMENTS.—The data standards established under paragraph (2) shall include, at a minimum— “(A) standard definitions for data elements required for managing Federal awards; and “(B) unique identifiers for Federal awards and entities receiving Federal awards that can be consistently applied Governmentwide. “(b) Scope.—The data standards established under subsection (a) shall include core data elements and may cover any information required to be reported to any agency by recipients of Federal awards, including audit-related information reported under chapter 75 of this title. “(c) Requirements.—The data standards required to be established under subsection (a) shall, to the extent reasonable and practicable— “(1) render information reported by recipients of Federal grant and cooperative agreement awards fully searchable and machine-readable; “(2) be nonproprietary; “(3) incorporate standards developed and maintained by voluntary consensus standards bodies; “(4) be consistent with and implement applicable accounting and reporting principles; and “(5) incorporate the data standards established under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note). “(d) Consultation.—In establishing the data standards under subsection (a), the Secretary and the Director shall consult with, as appropriate— “(1) the Secretary of the Treasury, to ensure that the data standards incorporate the data standards created under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note); “(2) the head of each agency that issues Federal awards; “(3) recipients of Federal awards and organizations representing recipients of Federal awards; “(4) private sector experts; “(5) members of the public, including privacy experts, privacy advocates, and industry stakeholders; and “(6) State and local governments. “Sec. 6403. Guidance applying data standards for grant reporting. “(a) In general.—Not later than 2 years after the date of the enactment of this chapter— “(1) the Secretary and the Director shall issue guidance to all agencies directing the agencies to apply the data standards established under section 6402 to all applicable reporting by recipients of Federal grant and cooperative agreement awards; and “(2) the Director shall prescribe guidance applying the data standards to audit-related information reported under chapter 75. “(b) Guidance.—The guidance issued under this section shall— “(1) to the extent reasonable and practicable— “(A) minimize the disruption to existing reporting practices for agencies and for recipients of Federal grant and cooperative agreement awards; and “(B) explore opportunities to implement modern technologies within Federal award reporting; “(2) allow the Director to permit exceptions for categories of grants if the Director publishes a list of such exceptions, including exceptions for Indian Tribes and Tribal organizations consistent with the Indian Self-Determination and Education Assistance Act; and “(3) take into consideration the consultation required under section 6402(d). “Sec. 6404. Agency requirements. “Not later than 3 years after the date of the enactment of this chapter, the head of each agency shall ensure that all of the agency’s grants and cooperative agreements use data standards for all future information collection requests and amend existing information collection requests covered by chapter 35 of title 44 (commonly referred to as the Paperwork Reduction Act) to comply with the data standards established under section 6402, consistent with the guidance issued by the Secretary and the Director under section 6403.”. (b) Technical and conforming amendment.—The table of chapters for subtitle V of title 31, United States Code, is amended by inserting after the item relating to chapter 63 the following new item: “64. Data Standards for Grant Reporting 6401”. Sec. 302. Single audit act. (a) Amendments.— (1) Section 7502(h) of title 31, United States Code, is amended by inserting before “to a Federal clearinghouse” the following “in an electronic form consistent with the data standards established under chapter 64,”. (2) Section 7505 of title 31, United States Code, is amended by adding at the end the following new subsection: “(d) Such guidance shall require audit-related information reported under this chapter to be reported in an electronic form consistent with the data standards established under chapter 64.”. (b) Guidance.—Not later than 2 years after the date of the enactment of this Act, the Director shall issue guidance requiring audit-related information reported under chapter 75 of title 31, United States Code, to be reported in an electronic form consistent with the data standards established under chapter 64 of title 31, United States Code, as added by section 3. Sec. 303. Consolidation of assistance-related information; publication of public information as open data. (a) Collection of information.—Not later than 4 years after the date of the enactment of this Act, the Secretary and the Director shall enable the collection, public display, and maintenance of Federal award information as a Governmentwide data set, using the data standards established under chapter 64 of title 31, United States Code, as added by section 3, subject to reasonable restrictions established by the Director to ensure protection of personally identifiable and otherwise sensitive information. (b) Publication of information.—The Secretary and the Director shall require the publication of recipient-reported data collected from all agencies on a single public portal. Information may be published on an existing Governmentwide website as determined appropriate by the Director. (c) FOIA.—Nothing in this section shall require the disclosure to the public of information that would be exempt from disclosure under section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”). Sec. 304. Evaluation of nonproprietary identifiers. (a) Determination required.—The Director and the Secretary shall determine whether to use nonproprietary identifiers under section 6402(a)(3)(B) of title 31, United States Code, as added by section 3(a). (b) Factors To be considered.—In making the determination required pursuant to subsection (a), the Director and the Secretary shall consider factors such as accessibility and cost to recipients of Federal awards, agencies that issue Federal awards, private-sector experts, and members of the public, including privacy experts and privacy advocates. (c) Publication and report on determination.—Not later than the earlier of 1 year after the date of the enactment of this Act or the date on which the Secretary and Director establish data standards pursuant to section 6402(a)(2) of title 31, United States Code, as added by section 3(a), the Secretary and the Director shall publish and submit to the Committees on Oversight and Government Reform of the House of Representatives and Homeland Security and Governmental Affairs of the Senate a report explaining the reasoning for the determination made pursuant to subsection (a). Sec. 305. Definitions. In this Title, the terms “agency”, “Director”, “Federal award”, and “Secretary” have the meaning given those terms in section 6401 of title 31, United States Code, as added by section 3(a). Sec. 306. Rule of construction. Nothing in this Title, or the amendments made by this Act, shall be construed to require the collection of data that is not otherwise required pursuant to any Federal law, rule, or regulation. Sec. 307. No additional funds authorized. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Sec. 308. Repeal of deadwood. 47 U.S.C. 398(b) is repealed. Sec. 309. Nondiscrimination in federal employment. (a) Neither the United States Government nor any territory or other entity associated to it (including any government contractor, government-sponsored enterprise, or government-associated agency) shall discriminate against or grant preferential treatment to any individual or group on the basis of race, sex, color, ethnicity, or national origin. (b) This section shall not be interpreted as prohibiting or restricting any bona fide qualifications based on sex or intelligence quotient which are reasonably necessary to ensure the proper performance of functions of any entity affected by it, but shall prohibit the use of unequal fitness requirements. A qualification which is intended to prohibit or restrict intelligent persons, rather than unintelligent persons, shall be regarded as unreasonable and unnecessary and as an act of discrimination in all cases, and such an act shall be treated as an unlawful action undertaken under color of law. (c) Nothing in this section shall be interpreted as invalidating any court order or consent decree which is in force as of the effective date of this section. (d) Nothing in this section shall be interpreted as prohibiting action which must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to the state. (e) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin. TITLE IV—Government Corporations Revenue Act of 2026 Sec. 401. P.O. Box discrimination. Title 39 subsection 2201 shall be amended as follows: “P.O. Box discrimination” “The P.O. Box service of the United States Postal Service shall not receive discrimination by any service requesting an address, except with permission of the Postal Regulatory Commission or Postmaster General.” Sec. 402. Reform of postal employment law. Title 26 subsection 101(c) shall be amended as follows: “(c) As an employer, the Postal Service shall endeavor to achieve and maintain adequate compensation relative to the cost of living in their place of residence to allow for its officers and employees to have the capability to support themselves and their families while simultaneously saving funds. It shall place particular emphasis upon employee retention and reduction of youth unemployment.” Sec. 403. Postal savings system. A new section 417 is created at the end of chapter 4 of Title 39 as follows: “Authority to establish a postal savings system” “(a) Provided its profitability in fiscal years starting in 2026, The United States Postal Service is authorized to establish a United States Postal Savings System, which shall be open to citizens of the United States of America and other persons legally residing in it. “(b) The United States Postal Service must collect data from postal savings customers and use such data for the purpose of ensuring security for its customers and the general public. Data must be shared with law enforcement in cases where it is known that law enforcement is either enforcing any valid state or federal law. “(c) The United States Postal Service is encouraged to establish synergy between Postal Savings System and the other services it provides, and encouraged to make the Postal Savings System competitive by any means. “(d) The United States Postal Service is authorized to give interest on deposits, allow businesses to establish accounts, bill Postal Savings System accounts, and establish fees for account holders. “(e) The Federal Deposit Insurance Corporation must guarantee all deposits held by the United States Postal Savings System. “(f) The United States Postal Savings System will not mandate any minimum deposit for the purpose of holding an account, but may charge fees for accounts' services below such balances as it chooses to establish. “(g) The Postal Savings System must maintain uniformity in its prices for financial services, except where such fees may be elevated by costs of shipping. “(h) The United States Postal Service is authorized to lend money, charge interest, issue cards for debit and credit, and engage in other activities related to banking. “(i) The United States Postal Service shall not be permitted to engage in discrimination against any person based on utilization of any right established by the Constitution of the United States, by discriminating against companies engaged in the sale of firearms, practicing any specific religion, or advocating any specific views. “(j) Nothing in this section shall be interpreted as prohibiting any private business from operating a competing service.” Sec. 404. Ending Porch Piracy in America. (a) Mandatory Reporting by High-Volume Mailers.—Chapter 83 of title 18, United States Code, is amended by inserting after section 1691 the following: “Sec. 1691A. Mandatory reporting of suspected mail theft by high-volume mailers “(a) Covered Entity Defined.—In this section, the term ‘covered entity’ means any person or entity that, in the preceding calendar year, tendered to the United States Postal Service 500,000 or more mailpieces containing merchandise sold at retail. “(b) Reporting Requirement.—A covered entity shall, not later than 7 business days after receiving a customer report that a mailpiece containing merchandise was marked as delivered by the Postal Service but was not received by the customer, transmit to the Postal Inspection Service, in such form and manner as the Postal Inspection Service shall prescribe: (1) the tracking number; (2) date marked delivered; (3) delivery address (city, State, and ZIP Code only); (4) value of contents; and (5) whether the entity has issued or intends to issue a refund or replacement. “(c) Safe Harbor.—A covered entity that complies in good faith with subsection (b) shall not be liable in any civil action arising from the non-delivery of the mailpiece. “(d) Civil Penalty.—Any covered entity that knowingly fails to report as required by subsection (b) shall be liable for a civil penalty of $10,000 per violation, recoverable by the United States in a civil action. Any covered entity which attempts to obtain funds from a distribution partner (such as a warehouse or other business partner which sells merchandise through a covered entity's retail storefront) shall be liable for $1,000,000 per violation, in addition to restitution to any such warehouse or business partner, and any individual working for such covered entity who opts to engage in such activity shall be jailable as a person who has committed mail fraud. “(e) Use of Reports.—The Postal Inspection Service shall use reports received under this section to identify patterns of mail theft and to initiate investigations under sections 1701–1709 of this title (mail theft, mail fraud, and related offenses).” (b) CLERICAL AMENDMENT.—The table of sections for chapter 83 of title 18, United States Code, is amended by inserting after the item relating to section 1691 the following: “1691A. Mandatory reporting of suspected mail theft by high-volume mailers.” (c) Clarification That Intentional Non-Shipment After Payment Constitutes Mail Fraud.—Section 1341 of title 18, United States Code, is amended by adding at the end the following: “For purposes of this section, a scheme or artifice to defraud includes accepting payment for merchandise with the intent not-to-ship the merchandise and instead to convert the payment to the seller’s own use, where the seller represents that the merchandise will be shipped via the United States mails. False reports of merchandise submitted by a buyer in order to attempt to obtain an illegitimate refund shall also be considered mail fraud under this section. Attempts to obtian funds from a distribution partner (such as a warehouse or other business partner which sells merchandise through a retail storefront not owned by such warehouse or business partner) shall be considered as mail fraud.” (d) Funding.—There is authorized to be appropriated to the United States Postal Service $250,000,000 for cameras for postal facilities, personnel, and vehicles and to the Postal Inspection Service $150,000,000 for each of fiscal years 2026 through 2030 to hire additional inspectors and analysts dedicated to mail-theft, cameras for postal facilities, personnel, and vehicles, and online-fraud investigations generated under this section. United States Postal Service and Postal Inspection Service facilities and vehicles shall be mandated to achieve full 100% surveillance within facilities and vehicles (including parking lots and outside areas of facility premises) and 360 degree monitoring via front, back, and side cameras on all vehicles. All personnel of the United States Postal Service and Postal Inspection Service shall also be equipped with body cameras, unless within facilities where cameras are in use, in order to improve postal investigations. (e) Effective Date.—This section shall take effect 180 days after the date of enactment. Sec. 405. Post office emergency suspension website. (a) In general.—Subchapter VII of chapter 36 of title 39, United States Code, is amended by adding at the end the following new section: “§ 3693. Post office emergency suspension website “(a) In general.—The Postal Service shall develop and maintain a publicly available website with an interactive web-tool that provides information about each covered post office, including the information described in subsection (b). “(b) Emergency suspension information.—The information provided on the website shall include— “(1) a list of each covered post office; and “(2) for each covered post office— “(A) a street address; “(B) the date on which the relevant emergency suspension for such covered post office took effect; “(C) the reason for such emergency suspension; “(D) alternative services available, including how to request curbside delivery; “(E) the location of, and hours of operation for, the nearest facility providing retail access to postal services; and “(F) to the extent practicable, the estimated date on which operations at such covered post office will resume. “(c) Address search functionality.—The website shall include functionality enabling a user to search for information about covered post offices by street address, ZIP Code, or post office box. “(d) Format.—The information described in subsection (a) shall be provided on the website— “(1) in a manner that— “(A) presents such information on an interactive dashboard; “(B) is searchable and may be sorted and filtered by the elements described in subsection (b)(2); and “(C) to the extent practicable, enables any person or entity to download in bulk— “(i) such information; and “(ii) the results of a search by the elements described in subsection (b)(2); “(2) in an open format that permits any individual or entity to reuse and analyze such information; and “(3) in a structured data format, to the extent practicable. “(e) Suspension notice.—Information provided on the website shall not be considered as providing notice to any person that the operations of a post office have been temporarily suspended pursuant to subchapter 61 of the Postal Service Handbook PO–101, or any successor policy. “(f) Definitions.—In this section: “(1) COVERED POST OFFICE.—The term ‘covered post office’ means a post office at which operations have been temporarily suspended pursuant to subchapter 61 of the Postal Service Handbook PO–101, or any successor policy. “(2) EMERGENCY SUSPENSION.—The term ‘emergency suspension’ means the temporary suspension of operations at a post office pursuant to subchapter 61 of the Postal Service Handbook PO–101, or any successor policy. “(3) POST OFFICE.—The term ‘post office’ means a Post Office, as such term is defined in section 241.1 of title 39, Code of Federal Regulations, or any successor regulation, and includes a post office branch or post office station. “(4) WEBSITE.—The term ‘Website’ means the website described in subsection (a).”. (b) Implementation deadline.—Not later than one year after the date of the enactment of this Act, the Postal Service shall establish the website required under section 3693(a) of title 39, United States Code, as added by this Act. (c) Clerical amendment.—The table of sections for chapter 36 of title 39, United States Code, is amended by inserting after the item relating to section 3692 the following new item: “3693. Post office emergency suspension website.”. Sec. 406. Government loans interest. The Secretary of the Treasury shall certify for each fiscal year maximum actual and hypothetical interest rates for debts of the Federal Government in each fiscal year, and in any fiscal year no credit which the United States offers shall be offered at an interest rate less than the next percentage point rounded up from the highest among the maximum actual and hypothetical interest rates for that fiscal year and the previous fiscal year, notwithstanding any legislation which may set interest rates less than such rate. TITLE V—Deregulation for the Deficit Act of 2026 Sec. 501. Internet taxation reduced. A new section 8406 of Title 15 is created as follows: “Protection from fees incurred by state and local governments” “In order to do business within a given state of the United States, a state may not impose any fee outside of the regular collection of sales taxes to operate in any jurisdiction exceeding $10. States are mandated to provide up-to-date tax rate information, including information about local taxes which may be applied, and may not force businesses to pay taxes not collected from consumers. States are authorized to collect taxes on online purchases from their own residents, and mandate out-of-state businesses to assist in such collections when necessary.” Sec. 502. Export of unapproved products. A new subsection (j) is created at the end of section 382 of Title 21 as follows: “(j) Subject to registration requirements and any regulations which may be deemed necessary by the Food and Drug Administration, it is legal to manufacture for the purpose of export any products which are unapproved for use in the United States to any foreign nation where said products may be legal, provided— (1) such products are not adulterated, misbranded, or in violation of any intellectual property rights recognized by the United States, (2) the use, implantation, or other procedure or service necessary to make use of said products is not illegal in foreign nations which receive unapproved products, (3) such products are ordinarily subject to FDA approval and otherwise illegal under the Federal Food, Drug, and Cosmetic Act. (4) such products are not labeled in such a way that would harm the reputation of other FDA-approved products, and (5) such products are approved by the Environmental Protection Agency.” Sec. 503. Electronic duck stamps. (a) Definitions.—In this section: (1) ACTUAL STAMP.—The term “actual stamp” means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 (16 U.S.C. 718a et seq.) (popularly known as the “Duck Stamp Act”), that is printed on paper and sold through the means established by the authority of the Secretary immediately before the date of enactment of this Act. (2) AUTOMATED LICENSING SYSTEM.— (A) IN GENERAL.—The term “automated licensing system” means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products. (B) INCLUSION.—The term “automated licensing system” includes a point-of-sale, Internet, telephonic system, or other electronic applications used for a purpose described in subparagraph (A). (3) ELECTRONIC STAMP.—The term “electronic stamp” means an electronic version of an actual stamp that— (A) is a unique identifier for the individual to whom it is issued; (B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides; (C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this section, to issue electronic stamps; (D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and (E) is described in the State application approved by the Secretary under subsection (c)(3). (4) SECRETARY.—The term “Secretary” means the Secretary of the Interior. (b) Authority to issue electronic duck stamps.— (1) IN GENERAL.—The Secretary may authorize any State to issue electronic stamps in accordance with this section. (2) CONSULTATION.—The Secretary shall implement this section in consultation with State management agencies. (c) State application.— (1) APPROVAL OF APPLICATION REQUIRED.—The Secretary may not authorize a State to issue electronic stamps under this section unless the Secretary has received and approved an application submitted by the State in accordance with this section. (2) NUMBER OF NEW STATES.—The Secretary may determine the number of new States per year to participate in the electronic stamp program. (3) CONTENTS OF APPLICATION.—The Secretary may not approve a State application unless the application contains— (A) a description of the format of the electronic stamp that the State will issue under this section, including identifying features of the licensee that will be specified on the stamp; (B) a description of any fee the State will charge for issuance of an electronic stamp; (C) a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program; (D) the manner by which the State will transmit electronic stamp customer data to the Secretary; (E) the manner by which actual stamps will be delivered; (F) the policies and procedures under which the State will issue duplicate electronic stamps; and (G) such other policies, procedures, and information as may be reasonably required by the Secretary. (4) PUBLICATION OF DEADLINES, ELIGIBILITY REQUIREMENTS, AND SELECTION CRITERIA.—Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish— (A) deadlines for submission of applications; (B) eligibility requirements for submitting applications; and (C) criteria for approving applications. (d) State obligations and authorities.— (1) DELIVERY OF ACTUAL STAMP.—The Secretary shall require that each individual to whom a State sells an electronic stamp under this section shall receive an actual stamp— (A) by not later than the date on which the electronic stamp expires under subsection (e)(3); and (B) in a manner agreed upon by the State and Secretary. (2) COLLECTION AND TRANSFER OF ELECTRONIC STAMP REVENUE AND CUSTOMER INFORMATION.— (A) REQUIREMENT TO TRANSMIT.—The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this subsection— (i) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; (ii) the face value amount of each electronic stamp sold by the State; and (iii) the amount of the Federal portion of any fee required by the agreement for each stamp sold. (B) TIME OF TRANSMITTAL.—The Secretary shall require the submission under subparagraph (A) to be made with respect to sales of electronic stamps by a State according to the written agreement between the Secretary and the State agency. (C) ADDITIONAL FEES NOT AFFECTED.—This section shall not apply to the State portion of any fee collected by a State under paragraph (3). (3) ELECTRONIC STAMP ISSUANCE FEE.—A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this section, including costs of delivery of actual stamps. (4) DUPLICATE ELECTRONIC STAMPS.—A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. (5) LIMITATION ON AUTHORITY TO REQUIRE PURCHASE OF STATE LICENSE.—A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under this section. (e) Electronic stamp requirements; recognition of electronic stamp.— (1) STAMP REQUIREMENTS.—The Secretary shall require an electronic stamp issued by a State under this section— (A) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and (B) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. (2) RECOGNITION OF ELECTRONIC STAMP.—Any electronic stamp issued by a State under this section shall, during the effective period of the electronic stamp— (A) bestow upon the licensee the same privileges as are bestowed by an actual stamp; (B) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and (C) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting. (3) DURATION.—An electronic stamp issued by a State shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days. (f) Termination of state participation.—The authority of a State to issue electronic stamps under this section may be terminated— (1) by the Secretary, if the Secretary— (A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under subsection (c); and (B) provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or (2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date. Sec. 504. Modification of definition of sport fishing equipment under the Toxic Substances Control Act. (a) In general.—Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)) is amended— (1) in clause (v), by striking “, and” and inserting “, or any component of any such article including, without limitation, shot, bullets and other projectiles, propellants, and primers,”; (2) in clause (vi) by striking the period at the end and inserting “, and”; and (3) by inserting after clause (vi) the following: “(vii) any sport fishing equipment (as the term is defined in subsection (a) of section 4162 of the Internal Revenue Code of 1986, without regard to paragraphs (6) through (9) thereof), the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax as provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components.”. (b) Relationship to other law.—Nothing in the amendments made by this section affects or limits the application of, or the obligation to comply with, any other Federal, State, or local law. Sec. 505. Target practice and marksmanship. (a) Definition of public target range.—In this section, the term “public target range” means a specific location that— (1) is identified by a governmental agency for recreational shooting; (2) is open to the public; (3) may be supervised; and (4) may accommodate archery or rifle, pistol, or shotgun shooting. (b) Amendments to pittman-robertson wildlife restoration act.— (1) DEFINITIONS.—Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended— (A) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (B) by inserting after paragraph (1) the following: “(2) the term ‘public target range’ means a specific location that— “(A) is identified by a governmental agency for recreational shooting; “(B) is open to the public; “(C) may be supervised; and “(D) may accommodate archery or rifle, pistol, or shotgun shooting;”. (2) EXPENDITURES FOR MANAGEMENT OF WILDLIFE AREAS AND RESOURCES.—Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended— (A) by striking “(b) Each State” and inserting the following: “(b) Expenditures for management of wildlife areas and resources.— “(1) IN GENERAL.—Except as provided in paragraph (2), each State”; (B) in paragraph (1) (as so designated), by striking “construction, operation,” and inserting “operation”; (C) in the second sentence, by striking “The non-Federal share” and inserting the following: “(3) NON-FEDERAL SHARE.—The non-Federal share”; (D) in the third sentence, by striking “The Secretary” and inserting the following: “(4) REGULATIONS.—The Secretary”; and (E) by inserting after paragraph (1) (as designated by subparagraph (A)) the following: “(2) EXCEPTION.—Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range.”. (3) FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.—Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) is amended— (A) in subsection (a), by adding at the end the following: “(3) ALLOCATION OF ADDITIONAL AMOUNTS.—Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range.”; (B) by striking subsection (b) and inserting the following: “(b) Cost sharing.— “(1) IN GENERAL.—Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity. “(2) PUBLIC TARGET RANGE CONSTRUCTION OR EXPANSION.—The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity.”; and (C) in subsection (c)(1)— (i) by striking “Amounts made” and inserting the following: “(A) IN GENERAL.—Except as provided in subparagraph (B), amounts made”; and (ii) by adding at the end the following: “(B) EXCEPTION.—Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available.”. (d) Sense of congress regarding cooperation.—It is the sense of Congress that, consistent with applicable laws (including regulations), the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training. Sec. 506. Exemption for subsistence users. (a) In general.—Section 3(h)(2) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712(1)) is amended by adding at the end the following: “A taking authorized under this section shall be exempt from the prohibition on taking under section 1 of the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a).”. (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 507. Permits for importation of polar bear trophies taken in sport hunts in Canada. (a) In general.—Section 104(c)(5) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(5)) is amended by striking subparagraph (D) and inserting the following: “(D) POLAR BEAR PARTS.— “(i) IN GENERAL.—Notwithstanding subparagraphs (A) and (C)(ii), subsection (d)(3), and sections 101 and 102, the Secretary of the Interior shall, expeditiously after the date on which the expiration of the applicable 30-day period described in subsection (d)(2) expires, issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person— “(I) who submits, with the permit application, proof that the polar bear was legally harvested by the person before February 18, 1997; or “(II) who submitted, with a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested from a polar bear population from which a sport-hunted trophy could be imported before May 15, 2008, in accordance with section 18.30(i) of title 50, Code of Federal Regulations (or a successor regulation) by the person before May 15, 2008. “(ii) APPLICABILITY OF PROHIBITION ON THE IMPORTATION OF A DEPLETED SPECIES.— “(I) PARTS LEGALLY HARVESTED BEFORE FEBRUARY 18, 1997.— “(aa) IN GENERAL.—Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). “(bb) APPLICABILITY.—Item (aa) shall not apply to polar bear parts imported before June 12, 1997. “(II) PARTS LEGALLY HARVESTED BEFORE MAY 15, 2008.— “(aa) IN GENERAL.—Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). “(bb) APPLICABILITY.—Item (aa) shall not apply to polar bear parts imported before the date of enactment of the Bipartisan Sportsmen's Act of 2014.”. (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 508. Baiting of migratory game birds. (a) In general.—Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended by striking subsection (b) and inserting the following: “(b) Prohibition of baiting.— “(1) DEFINITIONS.—In this subsection: “(A) BAITED AREA.— “(i) IN GENERAL.—The term ‘baited area’ means— “(I) any area on which salt, grain, or other feed has been placed, exposed, deposited, distributed, or scattered, if the salt, grain, or feed could lure or attract migratory game birds; and “(II) in the case of waterfowl, cranes (family Gruidae), and coots (family Rallidae), a standing, unharvested crop that has been manipulated through activities such as mowing, discing, or rolling, unless the activities are normal agricultural practices. “(ii) EXCLUSIONS.—An area shall not be considered to be a ‘baited area’ if the area— “(I) has been treated with a normal agricultural practice; “(II) has standing crops that have not been manipulated; or “(III) has standing crops that have been or are flooded. “(B) BAITING.—The term ‘baiting’ means the direct or indirect placing, exposing, depositing, distributing, or scattering of salt, grain, or other feed that could lure or attract migratory game birds to, on, or over any areas on which a hunter is attempting to take migratory game birds. “(C) MIGRATORY GAME BIRD.—The term ‘migratory game bird’ means migratory bird species— “(i) that are within the taxonomic families of Anatidae, Columbidae, Gruidae, Rallidae, and Scolopacidae; and “(ii) for which open seasons are prescribed by the Secretary of the Interior. “(D) NORMAL AGRICULTURAL PRACTICE.— “(i) IN GENERAL.—The term ‘normal agricultural practice’ means any practice in 1 annual growing season that— “(I) is carried out in order to produce a marketable crop, including planting, harvest, post-harvest, or soil conservation practices; and “(II) is recommended for the successful harvest of a given crop by the applicable State office of the Cooperative Extension System of the Department of Agriculture, in consultation with, and if requested, the concurrence of, the head of the applicable State department of fish and wildlife. “(ii) INCLUSIONS.— “(I) IN GENERAL.—Subject to subclause (II), the term ‘normal agricultural practice’ includes the destruction of a crop in accordance with practices required by the Federal Crop Insurance Corporation for agricultural producers to obtain crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) on land on which a crop during the current or immediately preceding crop year was not harvestable due to a natural disaster (including any hurricane, storm, tornado, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, snowstorm, or other catastrophe that is declared a major disaster by the President in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)). “(II) LIMITATIONS.—The term ‘normal agricultural practice’ only includes a crop described in subclause (I) that has been destroyed or manipulated through activities that include (but are not limited to) mowing, discing, or rolling if the Federal Crop Insurance Corporation certifies that flooding was not an acceptable method of destruction to obtain crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.). “(E) WATERFOWL.—The term ‘waterfowl’ means native species of the family Anatidae. “(2) PROHIBITION.—It shall be unlawful for any person— “(A) to take any migratory game bird by baiting or on or over any baited area, if the person knows or reasonably should know that the area is a baited area; or “(B) to place or direct the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by baiting or on or over the baited area. “(3) REGULATIONS.—The Secretary of the Interior may promulgate regulations to implement this subsection. “(4) REPORTS.—Annually, the Secretary of Agriculture shall submit to the Secretary of the Interior a report that describes any changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the United States in which the recommendations are provided to agricultural producers.”. (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 509. Recreational fishing, hunting, and recreational shooting on Federal public land. (a) Definitions.—In this section: (1) FEDERAL PUBLIC LAND.— (A) IN GENERAL.—The term “Federal public land” means any land or water that is— (i) owned by the United States; and (ii) managed by a Federal agency (including the Department of the Interior and the Forest Service) for purposes that include the conservation of natural resources. (B) EXCLUSIONS.—The term “Federal public land” does not include— (i) land or water held or managed in trust for the benefit of Indian tribes or individual Indians; (ii) land or water managed by the Director of the National Park Service or the Director of the United States Fish and Wildlife Service; (iii) fish hatcheries; or (iv) conservation easements on private land. (2) HUNTING.— (A) IN GENERAL.—The term “hunting” means use of a firearm, bow, or other authorized means in the lawful— (i) pursuit, shooting, capture, collection, trapping, or killing of wildlife; or (ii) attempt to pursue, shoot, capture, collect, trap, or kill wildlife. (B) EXCLUSION.—The term “hunting” does not include the use of skilled volunteers to cull excess animals (as defined by Federal law (including regulations)). (3) RECREATIONAL FISHING.—The term “recreational fishing” means— (A) an activity for sport or pleasure that involves the lawful— (i) catching, taking, or harvesting of fish; or (ii) attempted catching, taking, or harvesting of fish; or (B) any other activity for sport or pleasure that can reasonably be expected to result in the lawful catching, taking, or harvesting of fish. (4) RECREATIONAL SHOOTING.—The term “recreational shooting” means any form of sport, training, competition, or pastime, whether formal or informal, that involves— (A) the discharge of a rifle, handgun, or shotgun; or (B) the use of a bow and arrow. (b) Recreational fishing, hunting, and recreational shooting.— (1) IN GENERAL.—Subject to valid existing rights, and in cooperation with the respective State fish and wildlife agency, a Federal public land management official shall exercise the authority of the official under existing law (including provisions regarding land use planning) to facilitate use of and access to Federal public land for recreational fishing, hunting, and recreational shooting except as limited by— (A) any Federal law (including regulations) that authorizes action or withholding action for reasons of national security, public safety, or resource conservation; (B) any other Federal law (including regulations) that precludes recreational fishing, hunting, or recreational shooting on specific Federal public land units of Federal public land, or water; or (C) discretionary limitations on recreational fishing, hunting, and recreational shooting determined to be necessary and reasonable, as supported by the best scientific evidence and advanced through a transparent public process. (2) MANAGEMENT.—Consistent with paragraph (1), the head of each Federal public land management agency shall exercise the land management discretion of the head— (A) in a manner that supports and facilitates recreational fishing, hunting, and recreational shooting opportunities; (B) to the extent authorized under applicable State law; and (C) in accordance with applicable Federal law. (3) PLANNING.— (A) EFFECTS OF PLANS AND ACTIVITIES.— (i) EVALUATION OF EFFECTS ON OPPORTUNITIES TO ENGAGE IN RECREATIONAL FISHING, HUNTING, OR RECREATIONAL SHOOTING.—Federal public land planning documents (including land resources management plans, resource management plans, travel management plans, and energy development plans) shall include a specific evaluation of the effects of the plans on opportunities to engage in recreational fishing, hunting, or recreational shooting. (ii) OTHER ACTIVITY NOT CONSIDERED.— (I) IN GENERAL.—Federal public land management officials shall not be required to consider the existence or availability of recreational fishing, hunting, or recreational shooting opportunities on private or public land that is located adjacent to, or in the vicinity of, Federal public land for purposes of— (aa) planning for or determining which units of Federal public land are open for recreational fishing, hunting, or recreational shooting; or (bb) setting the levels of use for recreational fishing, hunting, or recreational shooting on Federal public land. (II) ENHANCED OPPORTUNITIES.—Federal public land management officials may consider the opportunities described in subclause (I) if the combination of those opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public. (B) USE OF VOLUNTEERS.—If hunting is prohibited by law, all Federal public land planning documents described in subparagraph (A)(i) of an agency shall, after appropriate coordination with State fish and wildlife agencies, allow the participation of skilled volunteers in the culling and other management of wildlife populations on Federal public land unless the head of the agency demonstrates, based on the best scientific data available or applicable Federal law, why skilled volunteers should not be used to control overpopulation of wildlife on the land that is the subject of the planning document. (4) BUREAU OF LAND MANAGEMENT AND FOREST SERVICE LAND.— (A) LAND OPEN.— (i) IN GENERAL.—Land under the jurisdiction of the Bureau of Land Management or the Forest Service (including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas, but excluding land on the outer Continental Shelf) shall be open to recreational fishing, hunting, and recreational shooting unless the managing Federal public land agency acts to close the land to the activity. (ii) MOTORIZED ACCESS.—Nothing in this subparagraph authorizes or requires motorized access or the use of motorized vehicles for recreational fishing, hunting, or recreational shooting purposes within land designated as a wilderness study area or administratively classified as wilderness eligible or suitable. (B) CLOSURE OR RESTRICTION.—Land described in subparagraph (A)(i) may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interests, national security, or compliance with other law, as determined appropriate by the Director of the Bureau of Land Management or the Chief of the Forest Service, as applicable. (C) SHOOTING RANGES.— (i) IN GENERAL.—Except as provided in clause (iii), the head of each Federal public land agency may use the authorities of the head, in a manner consistent with this section and other applicable law— (I) to lease or permit use of land under the jurisdiction of the head for shooting ranges; and (II) to designate specific land under the jurisdiction of the head for recreational shooting activities. (ii) LIMITATION ON LIABILITY.—Any designation under clause (i)(II) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any recreational shooting activity occurring at or on the designated land. (iii) EXCEPTION.—The head of each Federal public land agency shall not lease or permit use of Federal public land for shooting ranges or designate land for recreational shooting activities within a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas. (5) REPORT.—Not later than October 1 of every other year, beginning with the second October 1 after the date of enactment of this Act, the head of each Federal public land agency who has authority to manage Federal public land on which recreational fishing, hunting, or recreational shooting occurs shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes— (A) any Federal public land administered by the agency head that was closed to recreational fishing, hunting, or recreational shooting at any time during the preceding year; and (B) the reason for the closure. (6) CLOSURES OR SIGNIFICANT RESTRICTIONS OF 1,280 OR MORE ACRES.— (A) IN GENERAL.—Other than closures established or prescribed by land planning actions referred to in paragraph (4)(B) or emergency closures described in subparagraph (C), a permanent or temporary withdrawal, change of classification, or change of management status of Federal public land or water that effectively closes or significantly restricts 1,280 or more contiguous acres of Federal public land or water to access or use for recreational fishing or hunting or activities relating to fishing or hunting shall take effect only if, before the date of withdrawal or change, the head of the Federal public land agency that has jurisdiction over the Federal public land or water— (i) publishes appropriate notice of the withdrawal or change, respectively; (ii) demonstrates that coordination has occurred with a State fish and wildlife agency; and (iii) submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively. (B) AGGREGATE OR CUMULATIVE EFFECTS.—If the aggregate or cumulative effect of separate withdrawals or changes effectively closes or significantly restricts or affects 1,280 or more acres of land or water, the withdrawals and changes shall be treated as a single withdrawal or change for purposes of subparagraph (A). (C) EMERGENCY CLOSURES.— (i) IN GENERAL.—Nothing in this section prohibits a Federal public land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area of Federal public land to provide for public safety, resource conservation, national security, or other purposes authorized by law. (ii) TERMINATION.—An emergency closure under clause (i) shall terminate after a reasonable period of time unless the temporary closure is converted to a permanent closure consistent with this section. (7) NO PRIORITY.—Nothing in this section requires a Federal agency to give preference to recreational fishing, hunting, or recreational shooting over other uses of Federal public land or over land or water management priorities established by other Federal law. (8) CONSULTATION WITH COUNCILS.—In carrying out this section, the heads of Federal public land agencies shall consult with the appropriate advisory councils established under Executive Order 12962 (16 U.S.C. 1801 note; relating to recreational fisheries) and Executive Order 13443 (16 U.S.C. 661 note; relating to facilitation of hunting heritage and wildlife conservation). (9) AUTHORITY OF STATES.— (A) IN GENERAL.—Nothing in this section interferes with, diminishes, or conflicts with the authority, jurisdiction, or responsibility of any State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water within the State, including on Federal public land. (B) FEDERAL LICENSES.— (i) IN GENERAL.—Except as provided in clause (ii), nothing in this subsection authorizes the head of a Federal public land agency head to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the State. (ii) MIGRATORY BIRD STAMPS.—Nothing in this subparagraph affects any migratory bird stamp requirement of the Act of March 16, 1934 (16 U.S.C. 718a et seq.)(popularly known as the “Duck Stamp Act”). Sec. 510. Annual permit and fee for film crews of 5 persons or fewer. (a) Purpose.—The purpose of this section is to provide commercial film crews of 5 persons or fewer access to film in areas designated for public use during public hours on Federal land and waterways. (b) Special Rules.—Section 1(a) of Public Law 106–206 (16 U.S.C. 460l–6d(a)) is amended— (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and indenting appropriately; (2) in the first sentence, by striking “The Secretary of the Interior” and inserting the following: “(1) IN GENERAL.—Except as provided in paragraph (4), the Secretary of the Interior”; (3) in the second sentence, by striking “Such fee” and inserting the following: “(2) CRITERIA.—The fee established under paragraph (1)”; (4) in the third sentence, by striking “The Secretary may” and inserting the following: “(3) OTHER CONSIDERATIONS.—The Secretary may”; and (5) by adding at the end the following: “(4) SPECIAL RULES FOR FILM CREWS OF 5 PERSONS OR FEWER.— “(A) DEFINITION OF FILM CREW.—In this paragraph, the term ‘film crew’ means any persons present on Federal land or waterways under the jurisdiction of the Secretary who are associated with the production of a film. “(B) REQUIRED PERMIT AND FEE.—For any film crew of 5 persons or fewer, the Secretary shall require a permit and assess an appropriate annual fee for commercial filming activities or similar projects on Federal land and waterways administered by the Secretary. “(C) COMMERCIAL FILMING ACTIVITIES.—A permit issued under subparagraph (B) shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal land and waterways administered by the Secretary for a 1-year period beginning on the date of issuance of the permit. “(D) NO ADDITIONAL FEES.—For persons holding a permit issued under this paragraph, during the effective period of the permit, the Secretary shall not assess any fees in addition to the fee assessed under subparagraph (B). “(E) USE OF CAMERAS.—The Secretary shall not prohibit, as a mechanized apparatus or under any other purposes, use of cameras or related equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal land and waterways administered by the Secretary. “(F) NOTIFICATION REQUIRED.—A film crew of 5 persons or fewer subject to a permit issued under this paragraph shall notify the applicable land management agency with jurisdiction over the Federal land at least 48 hours before entering the Federal land. “(G) DENIAL OF ACCESS.—The head of the applicable land management agency may deny access to a film crew under this paragraph if— “(i) there is a likelihood of resource damage that cannot be mitigated; “(ii) there would be an unreasonable disruption of the use and enjoyment of the site by the public; “(iii) the activity poses health or safety risks to the public; or “(iv) the filming includes the use of models or props that are not part of the natural or cultural resources or administrative facilities of the Federal land.”. (c) Recovery of Costs.—Section 1(b) of Public Law 106–206 (16 U.S.C. 460l–6d(b)) is amended in the first sentence— (1) by striking “collect any costs” and inserting “recover any costs”; and (2) by striking “similar project” and inserting “similar projects”. Sec. 511. Production of fruits and vegetables for processing on covered commodity base acres. (a) In general.—Section 1101 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911) is amended by adding at the end the following new subsection: “(i) Production of fruits or vegetables for processing.— “(1) IN GENERAL.—Subject to paragraphs (2) and (3), producers on a farm, with the consent of the owner and other producers on the farm, may reduce the base acres for any covered commodity for the farm if the reduced acres are used for the planting and production of fruits or vegetables for processing. “(2) REVERSION TO COVERED COMMODITY BASE ACRES.—Any reduced acres of a farm devoted to the planting and production of fruits or vegetables during a crop year under paragraph (1) shall be included in base acres for the covered commodity for the subsequent crop year, unless the producers on the farm make the election described in paragraph (1) for the subsequent crop year. “(3) RECALCULATION OF BASE ACRES.— “(A) IN GENERAL.—Subject to subparagraph (B), if the Secretary recalculates base acres for a farm, the planting and production of fruits or vegetables for processing under paragraph (1) shall be considered to be the same as the planting, prevented planting, or production of the covered commodity. “(B) AUTHORITY.—Nothing in this subsection provides authority for the Secretary to recalculate base acres for a farm.”. (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 512. Commercial whaling. (a) In general.—Section 102(f) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1372(f)) is amended as follows: “(f) Commercial taking of whales.—It is unlawful for any person or vessel or other conveyance to take any endangered species of whale incident to commercial whaling in waters subject to the jurisdiction of the United States.”. (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 513. Misleading domain names on the Internet. (a) In General.—Chapter 110 of title 18, United States Code, is amended by inserting after section 2252A the following: “Sec. 2252B. Misleading domain names on the Internet.—Whoever knowingly uses a misleading domain name with the intent to attract a minor into viewing a visual depiction of sexually explicit conduct on the Internet shall be fined under this title or imprisoned not more than 2 years, or both. For the purposes of this section, a domain name that includes the word `sex' is not misleading.”. (b) Clerical Amendment.—The table of sections at the beginning of chapter 110 of title 18, United States Code, is amended by inserting after the time relating to section 2252A the following new item: “2252B. False or misleading domain names on the Internet.”. Sec. 514. En bloc consideration of resolutions of disapproval pertaining to “midnight rules”. (a) In general.—Section 801(d) of title 5, United States Code, is amended by adding at the end the following: “(4) In applying section 802 to rules described under paragraph (1), a joint resolution of disapproval may contain one or more such rules if the report under subsection (a)(1)(A) for each such rule was submitted during the final year of a President’s term.”. (b) Text of resolving clause.—Section 802(a) of title 5, United States Code, is amended— (1) by inserting after “resolving clause of which is” the following: “(except as otherwise provided in this subsection)”; and (2) by adding at the end the following: “In the case of a joint resolution under section 801(d)(4), the matter after the resolving clause of such resolution shall be as follows: ‘That Congress disapproves the following rules: the rule submitted by the __ relating to __; and the rule submitted by the __ relating to __. Such rules shall have no force or effect.’ (The blank spaces being appropriately filled in and additional clauses describing additional rules to be included as necessary)”. Sec. 515. Sturgeon held in captivity or controlled environments. (a) In general.—Section 9(b) of the Endangered Species Act of 1973 (16 U.S.C. 1538(b)) is amended by adding at the end the following: “(3) Sturgeon.— “(A) IN GENERAL.—Subsection (a)(1) and section 7(a)(2) shall not apply to— “(i) a sturgeon farmed that is legally held in captivity or in a controlled environment as of the date of enactment of this paragraph, until such time as the sturgeon is intentionally returned to a wild state; or “(ii) progeny of a sturgeon described in clause (i), until such time as the progeny is intentionally returned to a wild state. “(B) DEMONSTRATION; REQUIREMENTS.— “(i) IN GENERAL.—Any person holding any sturgeon or progeny described in subparagraph (A) shall— “(I) be able to demonstrate that the sturgeon or progeny qualifies as a sturgeon or progeny, as applicable, described in that subparagraph; and “(II) maintain and submit to the Secretary, on request of the Secretary, such inventories, documentation, and records as the Secretary may, by regulation, require as being reasonably appropriate to carry out the purposes of this paragraph. “(ii) REQUIREMENTS.—Requirements described in clause (i)(II) shall not unnecessarily duplicate the requirements of other rules and regulations promulgated by the Secretary under this Act.”. (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 516. Firearm licensing revocations and denials. (a) Self-Reported violations; opportunity To correct violations.—Section 923(e) of title 18, United States Code, is amended— (1) by inserting “(1)” after “(e)”; and (2) by adding at the end the following: “(2) (A) The Attorney General may not bring an enforcement action to revoke, or deny a renewal of, a license for a violation of any provision of this chapter or any implementing regulation thereof on the basis of a self-reported violation. “(B) In the case of a self-reported violation, the Attorney General shall— “(i) assist the licensee to correct the self-reported violation; and “(ii) provide the licensee with instructions and compliance training designed to assist the licensee in avoiding repetition of the self-reported violation in the future. “(3) (A) Before initiating an enforcement action under this subsection, the Attorney General shall provide the licensee with actual notice of the violation giving rise to the enforcement action, which shall include, at a minimum— “(i) a detailed explanation of the substance of the violation; “(ii) all evidence or documentation in the possession of the Attorney General regarding the enforcement action; and “(iii) a statement that the Attorney General will not initiate the enforcement action if the licensee corrects the violation by the date that is 30 business days after the date on which the licensee receives the notice. “(B) The Attorney General may bring an enforcement action under this subsection against a licensee described in subparagraph (A) if— “(i) 30 business days have elapsed since the date on which the licensee received the notice of the violation required under that subparagraph; and “(ii) the licensee has not corrected the violation. “(4) The Attorney General may not bring an enforcement action on the basis of any violation of any provision of this chapter or any implementing regulation thereof that has been corrected pursuant to paragraph (2) or (3).”. (b) Direct judicial review of license revocations.—Section 923(f) of title 18, United States Code, is amended— (1) in paragraph (2), by striking “If” and inserting “Except as provided in paragraph (3), if”; (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (3) by inserting after paragraph (2) the following: “(3) (A) During the 10-business-day period beginning on the date on which a license holder receives a written notice of revocation of the license under paragraph (1), the license holder, in lieu of requesting a hearing under paragraph (2), may file a petition with the United States district court for the district in which the license holder resides or has his or her principle place of business for a judicial review of the revocation. “(B) If a license holder files a petition with a United States district court under subparagraph (A), the Attorney General shall stay the effective date of the revocation until the court issues a judgment. “(C) In a proceeding conducted under this paragraph, the court may consider any evidence submitted by the parties to the proceeding. “(D) If the court decides that the Attorney General was not authorized to revoke the license, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.”. (c) Definitions.—Section 921(a) of title 18, United States Code, is amended by adding at the end the following: “(38) The term ‘self-reported violation’ means a violation by a licensee of any provision of this chapter or any implementing regulation thereof that the licensee reports to the Attorney General before the Attorney General discovers the violation during an inspection of the licensee under this chapter. “(39) The term ‘willfully’ has the meaning given the term in section 5336(h) of title 31, except that— “(A) the term only includes conduct resulting from or achieved through deliberate planning or specific intent; “(B) willfulness shall not be inferred from previous conduct; and “(C) minor, clerical, or curable conduct is presumptively not willful.”. Sec. 517. Employee-employer cooperation organizations. (a) Employer exception.—Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: “(h) It shall not constitute or be evidence of an unfair labor practice under subsection (a) for an employer to establish, assist, maintain, or participate in an employee involvement organization, as defined in section 517 of the Deficit Reduction Act of 2026: Provided, That this subsection shall not apply in a case in which a labor organization is the representative of the employees of the employer in accordance with section 9(a).”. (b) Exception from labor organization definition.—Section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)) is amended by inserting “, except that the term shall not include an employee involvement organization as defined in section 517 of the Deficit Reduction Act of 2026” before the period at the end. (c) Definitions.—In this Act: (1) EMPLOYEE.—The term “employee” has the meaning given such term in section 2 of the National Labor Relations Act (29 U.S.C. 152). (2) EMPLOYEE INVOLVEMENT ORGANIZATION.—The term “employee involvement organization” means an organization or entity established by the mutual consent of an employer and any number of employees of the employer— (A) which may be initiated by the employer, the employees, or both; (B) which may be dissolved— (i) except as described in clause (ii), at any time, and without regard to cause, by the employer, the employees, or both; or (ii) in the case of an employee involvement organization for a large employer and employees of the large employer, only in accordance with section 4(b)(2); (C) in which employees and supervisors participate to address matters of mutual interest, including issues of quality of work, productivity, efficiency, compensation, benefits (including related to education and training), recruitment and retention, grievances, child care, safety and health, and accommodation of the religious beliefs and practices of employees; and (D) that does not have, claim, or seek authority to— (i) be the exclusive collective bargaining representative of the employees participating in such organization or entity; (ii) negotiate or enter into a collective bargaining agreement with the employer on behalf of such employees; (iii) amend any collective bargaining agreement between the employer and any labor organization; or (iv) preclude such employees from designating or selecting a labor organization as the representative of such employees, as provided in section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)). (3) EMPLOYER.—The term “employer” has the meaning given such term in section 2 of the National Labor Relations Act (29 U.S.C. 152). (4) LARGE EMPLOYER.—The term “large employer” means an employer that— (A) had more than $1,000,000,000 in annual gross revenues for the most recently completed fiscal year prior to the date of certification under section 517(e)(2); and (B) employs more than 3,000 employees on such date. (5) WORKFORCE COMMITTEE.—The term “workforce committee” means a committee of the board of directors of an employer that— (A) oversees the policies of the employer on quality of work, productivity, efficiency, compensation, benefits (including related to education and training), recruitment and retention, grievances, child care, safety and health, and accommodation of the religious beliefs and practices of employees; (B) has a substantially equivalent source of authority with respect to authorizing provisions in the article of incorporation or bylaws of the employer as the compensation committee of the board of directors or an equivalent committee of the board of directors; and (C) may be the compensation committee of the board of directors or an equivalent committee of the board of directors, if such committee meets the requirements of this paragraph. (d) Requirements for employee involvement organizations at large employers.—This section shall apply to each employee involvement organization for a large employer and employees of the large employer. (e) Establishment of an employee involvement organization for large employers.— (1) CERTIFICATION.—A large employer shall certify each employee involvement organization for the large employer on the date of formation of such employee involvement organization. (2) PROCEDURES.— (A) IN GENERAL.—An employee involvement organization established under paragraph (1) shall have reasonable procedures regarding— (i) how an employee may join or leave such employee involvement organization; and (ii) dissolution of the employee involvement organization. (B) DISSOLUTION FOR CAUSE.— (i) IN GENERAL.—In the case of an employee involvement organization that has been certified under paragraph (1) for not less than 5 consecutive years, a large employer may only dissolve such employee involvement organization with cause. (ii) CAUSE.—For purposes of clause (i), the term “cause” means a reasonable business purpose for dissolution, as determined by— (I) the independent business judgment of the board of directors of the business of the large employer; or (II) if the business of a large employer does not have a board of directors, the substantial equivalent of the board of directors. (3) COOLING-OFF PERIOD.—Unless otherwise specified in the certification under paragraph (1), an employee involvement organization may not be established at a large employer prior to 2 years after— (A) in the case of a large employer for which a valid election was held under section 9(c)(1) of the National Labor Relations Act (29 U.S.C. 159(c)(1)) in which a majority of the employees voting in such election voted against representation, the date of such election; or (B) in the case of a large employer for which a valid election was held under section 9(e) of such Act and a majority of the employees voting in such election voted in favor of rescission of the authority of a labor organization to make an agreement described in section 8(a)(3) of such Act (29 U.S.C. 158(a)(3)), the date of such election. (f) Employee representative of an employee involvement organization.— (1) IN GENERAL.—Employees participating in an employee involvement organization established under subsection (b)(1) may, subject to the requirements in paragraph (2), elect through reasonable means an employee representative of the employee involvement organization. (2) ELECTION PROCESS.— (A) REQUIREMENTS.—An election of an employee representative of an employee involvement organization for the large employer— (i) shall be through a secret ballot of the employees participating in the employee involvement organization who are employed by the large employer on the date of such election and who are United States citizens or reside primarily in the United States; and (ii) may not be funded through funding sources external to the employee involvement organization, including any labor organization, nonprofit, or business other than the employer. (B) DEFAULT RULES REGARDING ELECTION PROCESS.—Unless otherwise specified in the certification under subsection (b)(1) by the large employer of such employee involvement organization, an election of an employee representative of an employee involvement organization for the large employer— (i) may be funded through employer-provided funding; and (ii) shall occur within the same time period and with the same regularity as the election of the board of directors of the large employer. (3) ELIGIBILITY REQUIREMENTS.— (A) IN GENERAL.—Each individual elected to be a representative of an employee involvement organization for a large employer shall be an employee who— (i) is eligible to vote under paragraph (2)(A)(i); and (ii) except in a case in which the large employer has operated for less than the 5 calendar years immediately preceding the date of the election, has been employed by the large employer for not less than the 5 calendar years immediately preceding the date of the election. (B) INELIGIBILITY; TERM LIMITS.—An employee representative of an employee involvement organization elected under this subsection shall not— (i) be employed by the employer at the time of such election as a supervisor; or (ii) at any time during the 5 calendar years immediately preceding the date of such election, be employed by the employer in a position related to human resources. (4) REPRESENTATION BY EMPLOYEE REPRESENTATIVE ON BOARD OF DIRECTORS OF LARGE EMPLOYER.— (A) BOARD REPRESENTATION.—Subject to the limitation under subparagraph (B) and, as relevant, the procedure under subparagraph (C), an employee representative of an employee involvement organization elected under this subsection shall— (i) be a nonvoting member of either or both of— (I) the board of directors of the employer; or (II) a workforce committee of the board of directors of the employer; (ii) be permitted to attend any regular meeting of such board or committee, as applicable; and (iii) receive equal access to information relevant to the purposes of the employee involvement organization as any other member of the board or committee, as applicable. (B) LIMITATIONS.—Unless otherwise specified in the certification under subsection (b)(1) by the large employer of such employee involvement organization, an employer may exclude an employee representative from attending any meeting of any committee of the board of directors of the business of such employer (or the substantial equivalent of any such committee) called for purposes unrelated to the purposes of such employee involvement organization. (C) SPECIAL PROCEDURE FOR AN EMPLOYER WITH MORE THAN 1 EMPLOYEE INVOLVEMENT ORGANIZATION.—In a case in which 2 or more employee representatives in total are elected for a large employer under paragraph (1), the employer and each employee involvement organization that elects such an employee representative shall, by reasonable procedures which provide for the input of each such employee involvement organization, ensure that only 1 employee representative for the employer at any time exercises the powers described in subparagraph (A). (g) Safe harbor for violation of rules due to the fault of an employee.—Section 8 of the National Labor Relations Act (29 U.S.C. 158), as amended by section 2, is further amended by adding at the end the following: “(i) It shall not constitute or be evidence of an unfair labor practice under subsection (a) for an employer to establish, assist, maintain, or participate in an organization which purports to be an employee involvement organization, as defined in section 517 of the Deficit Reduction Act of 2026, but which fails to comply with the requirements of such Act due to the fault of an employee: Provided, That this subsection shall not apply in a case in which a labor organization is the representative of the employees of the employer in accordance with section 9(a).”. (h) Effect on existing law.—This Act shall not prevent or affect the rights provided to labor organizations under section 9 of the National Labor Relations Act (29 U.S.C. 159). (i) Employee rights.—This Act shall not affect the rights and responsibilities of employees under the National Labor Relations Act (29 U.S.C. 151 et seq.), except with respect to the amendments made to section 2(5) and section 8 of the National Labor Relations Act (29 U.S.C. 152(5); 29 U.S.C. 158) by sections 2 and 5 of this Act. (j) Enforcement by the National Labor Relations Board.—Section 6 of the National Labor Relations Act (29 U.S.C. 156) is amended— (1) by striking “The Board” and inserting “(a) The Board”; and (2) by adding at the end the following: “(b) The Board shall not have any authority for enforcement, or adjudication, under this Act or the Teamwork for Employees and Managers Act of 2024 with respect to an employee involvement organization, as defined in section 3 of such Act.”. Sec. 518. HUD reform. (a) Definitions.—Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is amended— (1) in paragraph (6)(B), by striking “significant”; and (2) by adding at end the following new paragraph: “(26) The term ‘infill housing project’ means a residential housing project that— “(A) is located within the geographic limits of a municipality; “(B) is adequately served by existing utilities and public services as required under applicable law; “(C) is located on a site of previously disturbed land of not more than 5 acres; and “(D) is substantially surrounded by residential or commercial development, as determined by the Secretary.”. (b) Assistance for low-Income families.—Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.) is amended— (1) in section 214(2), by striking “households that qualify as low-income families” and inserting “families with a household income that does not exceed 100 percent of the median family income of the area, as determined by the Secretary with adjustments for smaller and larger families”; (2) in section 215— (A) in subsection (b)(2), by striking “whose family qualifies as a low-income family” and inserting “with a family income that does not exceed 100 percent of the median family income of the area as determined by the Secretary with adjustments for smaller and larger families”; and (B) in subsection (b)(3)(A)(ii), by striking “low-income homebuyers” and inserting “homebuyers with a household income that does not exceed 100 percent of the median family income of the area, as determined by the Secretary with adjustments for smaller and larger families”; and (3) in section 271(c)— (A) in paragraph (1)(B), by striking “low-income” and inserting “families with a household income that does not exceed 100 percent of the median family income of the area as determined by the Secretary with adjustments for smaller and larger families”; and (B) in paragraph (2)(A), by striking “low-income families” and inserting “families with a household income that does not exceed 100 percent of the median family income of the area as determined by the Secretary with adjustments for smaller and larger families”. (c) Choices made by participating jurisdictions.—Section 212(a)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742) is amended to read as follows: “(2) LIMITATION ON RESTRICTIONS.—The Secretary shall not restrict a participating jurisdiction’s choice of rehabilitation, substantial rehabilitation, new construction, reconstruction, acquisition, or other eligible housing use unless such restriction is explicitly authorized under section 223(2).”. (d) Use of investments for housing uses.— (1) IN GENERAL.—Section 212(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(a)) is amended by inserting after paragraph (3) the following new paragraph: “(4) INFRASTRUCTURE IMPROVEMENTS IN NONENTITLEMENT AREAS.— “(A) IN GENERAL.—In accordance with regulations to be issued by the Secretary, funds provided under this subtitle may be used for infrastructure improvements, including the installation or repair of water and sewer lines, sidewalks, roads, and utility connections, in any jurisdiction that does not receive assistance under title I of the Housing and Community Development Act of 1974, if such improvements are directly related to, and located within or immediately adjacent to— “(i) housing assisted under this subtitle; or “(ii) housing assisted by section 42 of the Internal Revenue Code of 1986. “(B) APPLICATION OF LABOR STANDARDS.—The labor standards and requirements set forth in section 110 of the Housing and Community Development Act of 1974 (42 U.S.C. 5310) shall apply to any infrastructure improvements assisted with funds provided under this subtitle.”. (2) ISSUANCE OF RULES.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue such rules as the Secretary determines necessary to carry out the amendment made by paragraph (1). (3) RULE OF CONSTRUCTION.—Nothing in the amendment made by paragraph (1) shall be construed to impose any requirements of the HOME Investment Partnerships program on housing that benefits from the infrastructure improvements described in such amendment but otherwise does not receive any assistance from such program. (e) Per unit investment limitations.—Section 212(e)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(e)(1)) is amended by striking the second sentence. (f) Affordable rental housing qualifications.—Section 215(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745(a)) is amended by adding at the end the following new paragraph: “(7) EXCEPTION FOR HOUSING CHOICE VOUCHERS.—Notwithstanding paragraph (1)(A), a rental unit shall be considered to qualify as affordable housing under this title if— “(A) the unit is occupied by a tenant receiving tenant-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); “(B) the tenant’s contribution toward rent does not exceed the amount permitted under such section 8 assistance; and “(C) the total rent for the unit does not exceed the amount approved by the public housing agency administering the assistance under that program.”. (g) Affordable homeownership housing qualifications.—Section 215 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12745(b)) is amended— (1) in subsection (b), (A) in paragraph (1), by striking “95 percent” and inserting “110 percent”; (B) in paragraph (3)— (i) in subparagraph (A)(ii), by striking “or” at the end; (ii) in subparagraph (B), by striking “and” at the end and inserting “or”; and (iii) by adding at the end the following new subparagraph: “(C) maintain long-term affordability through a shared equity ownership model, a community land trust, a limited equity cooperative, a community development corporation, or other mechanism approved by the Secretary, that preserves affordability for future eligible homebuyers and ensures compliance with the purposes of this title, including through the use of purchase options, rights of first refusal or other preemptive rights to purchase housing; and”; and (2) by adding at the end the following: “(c) Permissible exceptions related to homeownership qualifications.— “(1) MILITARY MEMBERS.—A participating jurisdiction, in accordance with terms established by the Secretary, may suspend or waive the income qualifications described in subsection (b)(2) with respect to housing that otherwise meets the criteria under subsection (b) if the owner of the housing— “(A) is a member of a regular component of the armed forces or a member of the National Guard on full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as those terms are defined in section 101(d) of title 10, United States Code); and “(B) has received— “(i) temporary duty orders to deploy with a military unit or military orders to deploy as an individual acting in support of a military operation, to a location that is not within a reasonable distance from the housing, as determined by the Secretary, for a period of not less than 90 days; or “(ii) orders for a permanent change of station. “(2) SUSPENSION OR WAIVER OF REQUIREMENTS FOR HEIR OR BENEFICIARY OF DECEASED OWNER.—Notwithstanding subsection (b)(3), housing that meets the criteria under that subsection prior to the death of an owner may continue to qualify as affordable housing if— “(A) the housing is the principal residence of an heir or beneficiary of the deceased owner, as defined by the Secretary; and “(B) the heir or beneficiary, in accordance with terms established by the Secretary, assumes the duties and obligations of the deceased owner with respect to funds provided under this title.”. (h) Removal of expiration of right to draw home investment trust funds.—Section 218 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12748) is amended— (1) by striking subsection (g); and (2) by redesignating subsection (h) as subsection (g). (i) Adjusted recapture and reuse of set-aside for community housing developmental organizations.—Section 231(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12771(b)) is amended to read as follows: “(b) Recapture and reuse.—If any funds reserved under subsection (a) remain uninvested for a period of 24 months, the Secretary shall make such funds available to the participating jurisdiction for any eligible activities under title II of this Act without regard to whether a community housing development organization materially participates in the use of funds.”. (j) Asset recycling information dissemination expansion.—Section 245(b)(2) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12785(b)(2)) is amended by striking “95 percent” and inserting “110 percent”. (k) Categorical exemptions; removing duplicative reviews.—Section 288 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12838) is amended by adding at the end the following new subsections: “(e) Categorical exemptions.—The following categories of activities carried out under this title shall be statutorily exempt from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and shall not require further review under such Act— “(1) new construction infill housing projects; “(2) acquisition of real property for affordable housing purposes; “(3) rehabilitation projects carried out pursuant to section 212(a)(1); and “(4) new construction projects of 15 units or less. “(f) Removing duplicative reviews.— “(1) IN GENERAL.—To the extent practicable and permitted by law, the Secretary shall ensure that a project that has undergone an environmental review under this section shall not be subject to a duplicative environmental review solely due to the addition, substitution, or reallocation of other sources of Federal assistance, if the scope, scale, and location of the project remain substantially unchanged. “(2) COORDINATION OF ENVIRONMENTAL REVIEW RESPONSIBILITIES.—The Secretary shall, by regulation, provide for coordination of environmental review responsibilities with other Federal agencies to streamline inter-agency compliance and avoid unnecessary duplication of effort under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws. “(3) RECOGNITION OF PRIOR REVIEWS BY RESPONSIBLE ENTITIES.—A project may not be subject to an environmental review under this section if a substantially similar review has already been completed by an entity designated under section 104(g)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(g)(1)) or by another entity the Secretary determines to have equivalent authority, if the scope, scale, and location of the project remain substantially unchanged.”. (l) Issuance of rules.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue such rules as the Secretary determines necessary to carry out the amendment made by this subsection. (m) Application of other specified statutory requirements.—Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.) is amended by adding at the end the following new sections: “Sec. 291. Application of build America, buy America requirements. “With respect to activities assisted under this title, requirements under the Build America, Buy America Act (41 U.S.C. 8301 note) and any implementing regulations or guidance, shall only apply to infrastructure improvements conducted under section 212(a)(4) using funds provided under subtitle A. “Sec. 292. Nonapplicability of certain requirements for small projects. “Notwithstanding any other provision of law, the requirements of section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and any implementing regulations or guidance, shall not apply to any activity assisted under title that involves rehabilitation, construction, or other development of housing if the total number of dwelling units assisted under the activity is 50 or fewer and if such assistance is provided to— “(1) a State recipient pursuant to section 216; or “(2) a participating jurisdiction that received a total allocation of less than $3,000,000 in the most recent fiscal year pursuant to section 216.”. (n) Technical amendments.—The Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.) is amended— (1) by striking “Stewart B. McKinney Homeless Assistance Act” each place it appears and inserting “McKinney-Vento Homeless Assistance Act”; and (2) by striking “Committee on Banking, Finance and Urban Affairs” each place it appears and inserting “Committee on Financial Services”. (o) Discount on mortgage insurance premium payments for first-time homebuyers who complete financial literacy housing counseling programs. The second sentence of subparagraph (A) of section 203(c)(2) of the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended— (1) by inserting before the comma the following: “and such program is completed before the mortgagor has signed an application for a mortgage to be insured under this title or a sales agreement”; and (2) by striking “not exceed 2.75 percent of the amount of the original insured principal obligation of the mortgage” and inserting “be 25 basis points lower than the premium payment amount established by the Secretary under the first sentence of this subparagraph”. Sec. 519. Portable fuel container exclusion. Section 183(e)(1)(B) of the Clean Air Act (42 U.S.C. 7511b(e)(1)(B)) is amended— (1) in the first sentence, by striking “The term” and inserting the following: “(i) IN GENERAL.—The term”; and (2) by striking the second sentence and inserting the following: “(ii) EXCLUSIONS.—The term ‘consumer or commercial product’ does not include the following: “(I) A portable fuel container. “(II) A fuel or fuel additive regulated under section 211. “(III) A motor vehicle, non-road vehicle, or non-road engine as defined under section 216.”. TITLE VI—Immigration for the Economy Act of 2026 Sec. 601. Family-sponsored cap. (a) In general.—Title 8 subsection 1151(c)(1)(A)(i) is amended as follows: “(i) 100,000, minus” (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 602. Cap exception for seniors. (a) In general.—Title 8 subsection 1151(c)(1)(B) is amended as follows: “(B) In cases where any family-sponsored immigrant exceeding age 50 will be financially supported by a person with work authorization in the United States and will never work or obtain a work authorization or obtain citizenship of the United States, the level set by subparagraph (A) may be ignored.” (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 603. Employment-based cap. (a) In general.—Title 8 subsection 1151(d)(1)(A) is amended as follows: “(A) 120,000, plus” (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 604. Discontinuation of diversity immigration. (a) In general.—Title 8 subsection 1151(e) is repealed. (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 605. Repeal of certain work visas. (a) In general.—Title 8 section 1160 is repealed. (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 606. Special immigration authorized. (a) A new section 1160 of Title 8 U.S.C. is created as follows: “1160. Special immigrants from Specific States” “(a) Up to 100,000 persons may be admitted from member states of the African Union who suffer from racial discrimination or violence, provided that such persons are neither Arabic (or otherwise racially North African) nor Sub-Saharan African. “(b) Up to 200,000 persons may be admitted from member states of the European Union, Belarus, Moldova, Ukraine, Iceland, or Russia whose beliefs are restricted by laws restricting religious or political "extremism" or other deeply held beliefs, or whose children are being taught to perform sexual activities which they regard to be immoral. “(c) Up to 50,000 persons may be admitted from Brazil, Peru, and Costa Rica may be admitted on the basis of obtaining proper homeschooling. “(d) Up to 70,000 persons may be admitted when seeking refuge from foreign laws restricting apostasy from Islam or compelling a person to obtain abortion or contraception. “(e) Immigrants authorized under this Section may be refused by the President, Attorney-General, or Secretary of Homeland Security. This Section shall expire on January 1, 2029.” (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 607. Repeal of certain preferences. (a) In general.—Title 8 subsection 1151(a)(3) is repealed. (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 608. Desired Industries Growth Immigration. (a) In general.—A new section 1161 of Title 8 is created as follows: “Desired Industries Growth Immigration” “(a) The following are hereby designated as desired industries for the purpose of this Title: (1) Renewable energy, (2) Space travel and astronomy, (3) Nuclear power, (4) Healthcare, (5) Military, (6) Law enforcement, (7) Arms production, and (8) Biotechnology. “(b) Persons admitted under this Section are called "Desired Industries Growth Immigrants". The visas they receive are called "DIG Visas". “(c) The worldwide level of Desired Industries Growth Immigrants for employment purposes under this section for a fiscal year is equal to 230,000, which shall not be included within or affect any other worldwide level of immigration or computation thereof. “(d) The worldwide level of Desired Industries Growth Immigrants for entrepreneurship purposes under this section for a fiscal year is equal to 30,000, which shall not be included within or affect any other worldwide level of immigration or computation thereof. “(e) In order to obtain a DIG Visa for employment purposes, a foreign national must obtain a job in that industry which pays a minimum of $150,000 per year. “(f) In order to obtain a DIG Visa for entrepreneurship purposes, a foreign national must obtain venture capital funding exceeding $500,000 from a U.S. venture capital firm or U.S. citizen. “(g) Any employer of a person receiving a DIG Visa for employment purposes shall be required to submit $5000 per year for the continued maintenance of each such visa and pay all expenses relating to the removal of said employees from the country when the maintenance of each such visa is discontinued. No person residing within the United States while holding a DIG Visa shall be permitted to obtain United States citizenship until such a person has reached the expiration date of said visa, and shall be prohibited from obtaining citizenship for an additional ten years if such a person becomes an unauthorized resident of the United States.” (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 609. State-based program for immigration from high-unemployment countries. (a) In general.—A new section 1163 of Title 8 is created as follows: “State-based program for immigration from high-unemployment countries.” “(a) States shall be able to request up to 50,000 immigrants per year from countries listed under subsection (b) in order to alleviate— (1) Acute shortages of labor, or (2) Serious population decline prospects. “(b) The following are qualified high-unemployment countries for immigration purposes— “(1) Greece, “(2) Spain, “(3) Italy, “(4) Ukraine, “(5) France, “(6) Croatia, “(7) Serbia, “(8) Georgia, “(9) North Macedonia, “(10) Luxembourg, “(11) Sweden, “(12) Montenegro, “(13) Albania, “(14) Finland, “(15) Lithuania, “(16) Bosnia and Herzegovina, “(17) Latvia, “(18) Romania, “(20) Belgium, “(19) Austria, “(21) Denmark, “(22) Armenia, “(23) Hungary, “(24) United Kingdom, “(25) Ireland, “(26) Estonia, and “(27) Cyprus. “(c) Immigrants admitted under this program must have 10th decile fluency in English. “(d) No Federal funds will be spent on any foreign national who is not a United States citizen admitted via this program, and States and immigrants involved in the program shall pay fees in order to pay any Federal expenses incurred in operating the program. “(e) Any state requesting immigration via this program must independently take action to alleviate demographic issues and labor shortages via means that do not involve immigration from abroad, and must encourage childbearing. Requests shall not be granted for States which fund defunded entities as defined by the Make America Healthy Again Act or which allow legal abortion on demand (or in any cases not endangering the life of the mother) beyond four weeks' gestation or in cases in which fetal vital signs (including a heartbeat) are present.” (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 610. Reforming American Immigration for a Strong Economy Act (a) Short title.—This section may be cited as the “RAISE Act”. (b) Elimination of Diversity Visa Program..—Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by striking subsection (c). (c) Technical and conforming amendments.— (1) IMMIGRATION AND NATIONALITY ACT.—The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— (A) in section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)), by striking “section 203(d)” and inserting “section 203(c)”; (B) in section 201 (8 U.S.C. 1151)— (i) in subsection (a)— (I) in paragraph (1), by adding “and” at the end; (II) in paragraph (2), by striking “; and” and inserting a period; and (III) by striking paragraph (3); (ii) by striking subsection (e); and (iii) by redesignating subsection (f) as subsection (e); (C) in section 203 (8 U.S.C. 1153)— (i) in subsection (b)(2)(B)(ii)(IV), by striking “section 203(b)(2)(B)” each place such term appears and inserting “clause (i)”; (ii) by redesignating subsections (d), (e), (f), (g), and (h) as subsections (c), (d), (e), (f), and (g), respectively; (iii) in subsection (c), as so redesignated, by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”; (iv) in subsection (d), as so redesignated— (I) by striking paragraph (2); and (II) by redesignating paragraph (3) as paragraph (2); (v) in subsection (e), as so redesignated, by striking “subsection (a), (b), or (c) of this section” and inserting “subsection (a) or (b)”; (vi) in subsection (f), as so redesignated, by striking “subsections (a), (b), and (c)” and inserting “subsections (a) and (b)”; and (vii) in subsection (g), as so redesignated— (I) by striking “(d)” each place such term appears and inserting “(c)”; and (II) in paragraph (2)(B), by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”; (D) in section 204 (8 U.S.C. 1154)— (i) in subsection (a)(1)— (I) by striking subparagraph (I); and (II) by redesignating subparagraphs (J) through (L) as subparagraphs (I) through (K), respectively; (ii) in subsection (e), by striking “subsection (a), (b), or (c) of section 203” and inserting “subsection (a) or (b) of section 203”; and (iii) in subsection (l)(2)— (I) in subparagraph (B), by striking “section 203 (a) or (d)” and inserting “subsection (a) or (c) of section 203”; and (II) in subparagraph (C), by striking “section 203(d)” and inserting “section 203(c)”; (E) in section 214(q)(1)(B)(i) (8 U.S.C. 1184(q)(1)(B)(i)), by striking “section 203(d)” and inserting “section 203(c)”; (F) in section 216(h)(1) (8 U.S.C. 1186a(h)(1)), in the undesignated matter following subparagraph (C), by striking “section 203(d)” and inserting “section 203(c)”; and (G) in section 245(i)(1)(B) (8 U.S.C. 1255(i)(1)(B)), by striking “section 203(d)” and inserting “section 203(c)”. (2) IMMIGRANT INVESTOR PILOT PROGRAM.—Section 610(d) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note; Public Law 102–395) is amended by striking “section 203(e) of such Act (8 U.S.C. 1153(e))” and inserting “section 203(d) of such Act (8 U.S.C. 1153(d))”. (3) HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.—Section 902(d)(1)(B)(iii) of the Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1225 note; Public Law 105–277) by striking “section 204(a)(1)(J)” and inserting “section 204(a)(1)(I)”. (4) DEFINITION OF V NONIMMIGRANT.—Section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended by striking “section 203(a)(2)(A)” each place such term appears and inserting “section 203(a)”. (5) NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.—Section 202 of such Act (8 U.S.C. 1152) is amended— (A) in subsection (a)(4)— (i) by striking subparagraphs (A) and (B) and inserting the following: “(A) 75 PERCENT OF FAMILY-SPONSORED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION.—Of the visa numbers made available under section 203(a) in any fiscal year, 75 percent shall be issued without regard to the numerical limitation under paragraph (2). “(B) TREATMENT OF REMAINING 25 PERCENT FOR COUNTRIES SUBJECT TO SUBSECTION (e).— “(i) IN GENERAL.—Of the visa numbers made available under section 203(a) in any fiscal year, 25 percent shall be available, in the case of a foreign state or dependent area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subparagraph (A) to natives of the foreign state or dependent area is less than the subsection (e) ceiling. “(ii) SUBSECTION (e) CEILING DEFINED.—In clause (i), the term ‘subsection (e) ceiling’ means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 203(a) to immigrants who are natives of the state or area, consistent with subsection (e).”; and (ii) by striking subparagraphs (C) and (D); and (B) in subsection (e)— (i) in paragraph (1), by adding “and” at the end; (ii) by striking paragraph (2); (iii) by redesignating paragraph (3) as paragraph (2); and (iv) in the undesignated matter after paragraph (2), as redesignated, by striking “, respectively,” and all that follows through “subsection (a)(4)(A)”. (6) RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN.—Section 203(h) of such Act (8 U.S.C. 1153(h)) is amended by striking “(a)(2)(A)” each place such term appears and inserting “(a)(2)”. (7) PROCEDURE FOR GRANTING IMMIGRANT STATUS.—Section 204 of such Act (8 U.S.C. 1154) is amended— (A) in subsection (a)(1)— (i) in subparagraph (A)(i), by striking “to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or”; (ii) in subparagraph (B)— (I) in clause (i)— (aa) by redesignating the second subclause (I) as subclause (II); and (bb) in subclause (I), by striking “203(a)(2)” and inserting “203(a)”; and (II) in clause (ii)— (aa) in subclause (I), in the matter preceding item (aa), by striking “clause (iii) of section 203(a)(2)(A)” and inserting “section 203(a)”; and (bb) in subclause (II)(cc), by striking “203(a)(2)(A)” and inserting “203(a)”; and (iii) in subparagraph (D)(i)(I), by striking “a petitioner” and all that follows through “(a)(1)(B)(iii).” and inserting “an individual younger than 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual.”; (B) in subsection (f)(1), by striking “, 203(a)(1), or 203(a)(3), as appropriate”; (C) by striking subsection (k); and (D) by redesignating subsection (l) as subsection (k). (8) WAIVERS OF INADMISSIBILITY.—Section 212 of such Act (8 U.S.C. 1182) is amended— (A) in subsection (a)(6)(E)(ii), by striking “section 203(a)(2)” and inserting “section 203(a)”; and (B) in subsection (d)(11), by striking “(other than paragraph (4) thereof)”. (9) REQUIREMENTS FOR SPONSOR'S AFFIDAVIT OF SUPPORT.—Section 213A(f)(5)(B)(ii) of such Act (8 U.S.C. 1183a(f)(5)(B)(ii)) is amended by striking “section 204(l)” and inserting “section 204(k)”. (10) EMPLOYMENT OF V NONIMMIGRANTS.—Section 214(q)(1)(B)(i) of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking “section 203(a)(2)(A)” each place such term appears and inserting “section 203(a)”. (11) DEFINITION OF ALIEN SPOUSE.—Section 216(h)(1)(C) of such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking “section 203(a)(2)” and inserting “section 203(a)”. (12) CLASSES OF DEPORTABLE ALIENS.—Section 237(a)(1)(E)(ii) of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking “section 203(a)(2)” and inserting “section 203(a)”. (c) Effective date; applicability.— (1) EFFECTIVE DATE.—The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act. (2) INVALIDITY OF CERTAIN PETITIONS AND APPLICATIONS.—Except as provided in paragraph (3), any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) seeking classification of an alien under a family-sponsored immigrant category that was eliminated by the amendments made by this section and either pending at the time of the passage of this Act or filed after the date on which this Act was introduced and any application for an immigrant visa based on such a petition shall be considered invalid. (3) VALID OFFER OF ADMISSION.—Notwithstanding the termination by this Act of the family-sponsored and employment-based immigrant visa categories, any alien who was granted admission to the United States under subsection (a) or (b) of section 203 of the Immigration and Nationality Act (8 U.S.C. 1153), as in effect on the day before the date of the enactment of this Act, and is scheduled to receive an immigrant visa in the applicable preference category not later than 1 year after the date of the enactment of this Act, shall be entitled to such visa if the alien enters the United States within 1 year after such date of enactment. (d) Annual admission of refugees.—Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) is amended— (1) by striking subsections (a) and (b); (2) by redesignating subsections (e) and (f) as subsections (a) and (e), respectively, and moving the subsections so as to appear in alphabetical order; and (3) by inserting after subsection (a), as so redesignated, the following: “(b) Maximum number of admissions.— “(1) IN GENERAL.—The number of refugees who may be admitted under this section in any fiscal year may not exceed 50,000. “(2) ASYLEES.—The President shall annually enumerate the number of aliens who were granted asylum in the previous fiscal year.”; and (4) by striking “Attorney General” each place such term appears and inserting “Secretary of Homeland Security”. (e) Family-sponsored immigration priorities.—The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— (1) in section 101(b)(1) (8 U.S.C. 1101(b)(1)), in the matter preceding subparagraph (A), by striking “under twenty-one years of age who” and inserting “who is younger than 18 years of age and”; and (2) in section 201 (8 U.S.C. 1151)— (A) in subsection (b)(2)(A)— (i) in clause (i), by striking “children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age.” and inserting “children and spouse of a citizen of the United States.”; and (ii) in clause (ii), by striking “such an immediate relative” and inserting “the immediate relative spouse of a United States citizen”; (B) by striking subsection (c) and inserting the following: “(c) Worldwide level of family-Sponsored immigrants.— (1) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to 88,000 minus the number computed under paragraph (2). “(2) The number computed under this paragraph for a fiscal year is the number of aliens who were paroled into the United States under section 212(d)(5) in the second preceding fiscal year who— “(A) did not depart from the United States (without advance parole) within 365 days; and “(B) (i) did not acquire the status of an alien lawfully admitted to the United States for permanent residence during the two preceding fiscal years; or “(ii) acquired such status during such period under a provision of law (other than subsection (b)) that exempts adjustment to such status from the numerical limitation on the worldwide level of immigration under this section.”; and (C) in subsection (f)— (i) in paragraph (2), by striking “section 203(a)(2)(A)” and inserting “section 203(a)”; (ii) by striking paragraph (3); (iii) by redesignating paragraph (4) as paragraph (3); and (iv) in paragraph (3), as redesignated, by striking “(1) through (3)” and inserting “(1) and (2)”. (f) Family-Based visa preferences.—Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read as follows: “(a) Spouses and minor children of permanent resident aliens.—Family-sponsored immigrants described in this subsection are qualified immigrants who are the spouse or a child of an alien lawfully admitted for permanent residence.”. (g) Replacement of employment-based immigration categories with immigration points system.—Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended— (1) in subsection (a), as amended by section 2(b)(1)(B), by amending paragraph (2) to read as follows: “(2) points-based immigrants described in section 203(b), in a number not to exceed— “(A) the number specified in subsection (d) during any fiscal year; or “(B) 50 percent of the number specified in subsection (d) during the first 6 months of any fiscal year.”; and (2) by amending subsection (d) to read as follows: “(d) Worldwide level of points-Based immigrants.— “(1) IN GENERAL.—The worldwide level of points-based immigrant visas issued during any fiscal year may not exceed 140,000. “(2) EFFECT OF VISAS ISSUED TO SPOUSES AND CHILDREN.—The numerical limitation set forth in paragraph (1) shall include any visas issued pursuant to section 203(b)(3). “(3) ALLOTMENT BY STATE AND ORIGIN.—The Secretary of Homeland Security shall allot individual caps, in consultation with State and Territorial Governors, in each of the States and Territories of the United States for each country of origin, and shall take care to ensure that each country of origin is properly disbursal of immigrants from each country of origin among the States. The sum of the allotments made under this paragraph shall not exceed 140,000, but may be less than 130,000.”. (h) Creation of nonimmigrant classification for alien parents of adult United States citizens.— (1) IN GENERAL.—Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended— (A) in subparagraph (T)(ii)(III), by striking the period at the end and inserting a semicolon; (B) in subparagraph (U)(iii), by striking “or” at the end; (C) in subparagraph (V)(ii)(II), by striking the period at the end and inserting “; or”; and (D) by adding at the end the following: “(W) subject to section 214(s), an alien who is a parent of a citizen of the United States, if the citizen is at least 21 years of age.”. (2) CONDITIONS ON ADMISSION.—Section 214 of such Act (8 U.S.C. 1184) is amended by adding at the end the following: “(s) (1) The initial period of authorized admission for a nonimmigrant described in section 101(a)(15)(W) shall be 5 years, but may be extended by the Secretary of Homeland Security for additional 5-year periods if the United States citizen son or daughter of the nonimmigrant is still residing in the United States. “(2) A nonimmigrant described in section 101(a)(15)(W)— “(A) is not authorized to be employed in the United States; and “(B) is not eligible for any Federal, State, or local public benefit. “(3) Regardless of the resources of a nonimmigrant described in section 101(a)(15)(W), the United States citizen son or daughter who sponsored the nonimmigrant parent shall be responsible for the nonimmigrant’s support while the nonimmigrant resides in the United States. “(4) An alien is ineligible to receive a visa or to be admitted into the United States as a nonimmigrant described in section 101(a)(15)(W) unless the alien provides satisfactory proof that the United States citizen son or daughter has arranged for health insurance coverage for the alien, at no cost to the alien, during the anticipated period of the alien’s residence in the United States.”. (i) Numerical limitations on individual foreign states.—Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended— (1) in paragraph (2)— (A) in the paragraph heading, by striking “and employment-based”; (B) by striking “paragraphs (3), (4), and (5)” and inserting “paragraphs (3) and (4)”; and (C) by striking “subsections (a) and (b) of section 203” and inserting “section 203(a)”; (2) in paragraph (3), by striking “both subsections (a) and (b) of section 203” and inserting “section 203(a)”; and (3) by striking paragraph (5). (j) Application process for points-Based immigrants.—Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended— (1) by amending subsection (b) to read as follows: “(b) Application process for points-Based immigrant visas.— “(1) ELIGIBILITY SCREENING.— “(A) APPLICATION SUBMISSION.—Any alien seeking to immigrate to the United States who believes that he or she meets the points requirement set forth in section 220 may submit an online application to U.S. Citizenship and Immigration Services for placement in the eligible applicant pool. “(B) APPLICATION ELEMENTS.—Each application submitted under subparagraph (A) shall include— “(i) the identification of the points for which the applicant is eligible under section 220; “(ii) an attestation by the applicant, under penalty of disqualification, that the applicant has sufficient documentation to verify the points claimed under clause (i); “(iii) the electronic submission of an application fee in the amount of $160; and “(iv) any other information required by the Director of U.S. Citizenship and Immigration Services, by regulation. “(C) ELIGIBLE APPLICANT POOL.— “(i) IN GENERAL.—Each application that meets the points requirement set forth in section 220 shall be placed in an eligible applicant pool, which shall be sorted by total points. “(ii) TIE-BREAKING FACTORS.—Applications with equal points will be sorted based on the following tie-breaking factors: “(I) Applicants whose highest educational degree is a doctorate degree (or equivalent foreign degree) shall be ranked higher than applicants whose highest educational degree is a professional degree (as defined in section 220(a)) or equivalent foreign degree, who shall be ranked higher than applicants whose highest educational degree is a master’s degree (or equivalent foreign degree), who shall be ranked higher than applicants whose highest educational degree is a bachelor’s degree (or equivalent foreign degree), who shall be ranked higher than applicants whose highest educational degree is a high school diploma (as defined in section 220(a)) or equivalent foreign diploma, who shall be ranked higher than applicants without a high school diploma, with United States degrees ranked higher than their foreign counterparts. “(II) Applicants with equal points and equal educational attainment shall be ranked according to their respective English language proficiency test rankings (as defined in section 220(a)). “(III) Applicants with equal points, equal educational attainment, and equal English language proficiency test rankings shall be ranked according to their age, with applicants who are nearest their 25th birthdays being ranked higher. “(D) DURATION.—Applications shall remain in the eligible applicant pool for 12 months. An applicant who is not invited to apply for a point-based immigrant visa during the 12-month period in which the application remains in the eligible applicant pool may reapply for placement in the eligible applicant pool. “(2) VISA PETITION.— “(A) INVITATION.—Every 6 months, the Director of U.S. Citizenship and Immigration Services shall invite the highest ranked applicants in the eligible applicant pool, in a number that is expected to yield 50 percent of the point-based immigrant visas authorized under section 201(d) for the fiscal year, including spouses and dependent children accompanying or following to join the principle alien, to file a petition for a points-based immigrant visa. “(B) PETITION ELEMENTS.—Subject to subparagraph (C), the Director of U.S. Citizenship and Immigration Services shall award a points-based immigrant visa to any applicant invited to file a petition under subparagraph (A) who, not later than 90 days after receiving such invitation, files a petition with the Director that includes— “(i) valid documentation proving that the applicant is entitled to all of the points claimed in the application submitted pursuant to paragraph (1); “(ii) an attestation from the prospective employer, if applicable— “(I) of the annual salary being offered to the applicant; and “(II) that the job being offered to the applicant is a new or vacant position that does not displace a United States worker; “(iii) (I) proof that the applicant’s United States employer has secured health insurance that meet all applicable regulations; or “(II) evidence that the applicant has posted a bond to be used to purchase the health insurance described in subclause (I); and “(iv) a fee of an amount not less than $345, to be determined by the Director. “(C) DISPOSITION OF PETITIONS EXCEEDING THE ANNUAL NUMERICAL LIMITATION.—If the Director receives a petition that complies with the requirements under subparagraph (B) after the numerical limitation set forth in section 201(d) has been reached for the applicable fiscal year, the Director shall— “(i) issue a points-based immigrant visa to the petitioner; “(ii) delay the admission into the United States of the petitioner and his or her spouse and children, if applicable, until the first day of the following fiscal year; and “(iii) reduce the number of points-based immigrant visas that may be issued during the following fiscal year accordingly. “(3) VISAS FOR SPOUSES AND CHILDREN.— “(A) SPOUSE.—The legal spouse of an applicant under this subsection who is accompanying or following to join the applicant in the United States shall be issued a points-based immigrant visa under this section upon the approval of the spouse’s petition under paragraph (2). “(B) MINOR CHILDREN.—Any children of an applicant under this subsection who have not reached 18 years of age as of the date on which a petition is filed under paragraph (2) and are accompanying or following to join the applicant in the United States shall be issued a points-based immigrant visa under this section upon the approval of the parent’s petition under paragraph (2). “(C) DEPENDENT ADULT CHILDREN.—Any adult child of an applicant under this subsection who is unable to care for himself or herself may be admitted into the United States, on a temporary basis, until he or she is capable to care for himself or herself, but may not be authorized to work in the United States or to receive any other benefits of permanent residence. “(4) INFLATION ADJUSTMENTS.—The Director shall adjust the amount of the fees required under paragraphs (1)(B)(iii) and (2)(B)(iv) every 2 years, as appropriate, to reflect inflation. “(5) INELIGIBILITY FOR PUBLIC BENEFITS.—An alien who has been issued a points-based immigrant visa under this subsection, and every member of the household of such alien, shall not be eligible for any Federal means-tested public benefit (as defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)) during the 5-year period beginning on the date on which such visa was issued.”; and (2) in subsection (d)(1), as redesignated by section 2(b)(1)(C)(ii), by striking “or (b)”. (k) Establishment of immigration points system.— (1) IN GENERAL.—Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end the following: “Sec. 220. Immigration points system. “(a) Definitions.—In this section: “(1) ENGLISH LANGUAGE PROFICIENCY TEST.—The term ‘English language proficiency test’ means— “(A) the International English Language Testing System (IELTS), as administered by a partnership between the British Council, IDP Education, and Cambridge English Language Assessment; “(B) the Test of English as a Foreign Language (TOEFL), as administered by the Educational Testing Service; or “(C) any other test to measure English proficiency that has been approved by the Director of U.S. Citizenship and Immigration Services for purposes of subsection (e) that meets the standards of English language ability measurement and anti-fraud integrity set by the IELTS or the TOEFL. “(2) ENGLISH LANGUAGE PROFICIENCY TEST RANKING.— “(A) IN GENERAL.—Subject to subparagraph (B), the term ‘English language proficiency test ranking’ means the decile rank of the applicant’s English language proficiency test score, when compared with all of the other people who took the same test during the same period. “(B) ADJUSTMENT.—The Director of U.S. Citizenship and Immigration Services, in consultation with the Secretary of Education, may adjust the decile rank of an applicant’s English language proficiency test score if the number of people taking such test is too small or unusually skewed to make such decile rank inconsistent with the decile rank the applicant would have received if he or she had taken the IELTS or TOEFL. “(3) HIGH SCHOOL.—The term ‘high school’ has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). “(4) IELTS.—The term ‘IELTS’ means the International English Language Testing System. “(5) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). “(6) PROFESSIONAL DEGREE.—The term ‘professional degree’ includes the following degrees: “(A) Master's of Business Administration. “(B) Doctor of Jurisprudence. “(C) Doctor of Medicine. “(7) STEM.—The term ‘STEM’ means the academic discipline of science, technology, engineering, or mathematics. “(8) TOEFL.—The term ‘TOEFL’ means the Test of English as a Foreign Language. “(b) In general.—An alien is eligible to submit an application for placement in the eligible applicant pool under section 203(b)(1) if the applicant has accrued a total of 30 points under this section. “(c) Age.— “(1) IN GENERAL.—An applicant may accrue points for age under this subsection based on the age of the applicant on the date on which the applicant submits an application under section 203(b)(1). “(2) AGES 0 THROUGH 17.—An alien who has not reached 18 years of age may not submit an application under section 203(b)(1). “(3) AGES 18 THROUGH 21.—An applicant who is at least 18 years of age and younger than 22 years of age shall accrue 4 points. “(4) AGES 22 THROUGH 25.—An applicant who is at least 22 years of age and younger than 26 years of age shall accrue 3 points. “(5) AGES 26 THROUGH 30.—An applicant who is at least 26 years of age and younger than 31 years of age may submit an application under section 203(b), but shall not accrue any points on account of age. “(6) AGES 31 THROUGH 35.—An applicant who is at least 31 years of age and younger than 36 years of age may submit an application under section 203(b), but shall not accrue any points on account of age. “(7) AGES 36 THROUGH 40.—An applicant who is at least 36 years of age and younger than 41 years of age may submit an application under section 203(b), but shall not accrue any points on account of age. “(8) AGES 41 THROUGH 45.—An applicant who is at least 41 years of age and younger than 46 years of age shall accrue 2 points. “(9) AGES 46 THROUGH 50.—An applicant who is at least 46 years of age and younger than 51 years of age shall accrue 4 points. “(10) AGE 51 THROUGH 55.—An applicant who is at least 51 years of age and younger than 56 years of age shall accrue 6 points. “(11) AGE 56 THROUGH 65.—An applicant who is at least 51 years of age and younger than 66 years of age shall accrue 8 points. “(11) AGE 56 THROUGH 65.—An applicant who is at least 66 years of age may submit an application under section 203(b) shall accrue 10 points. “(d) Education.— “(1) IN GENERAL.—An applicant may only accrue points for educational attainment under this section based on the highest degree obtained by the applicant as of the date on which the applicant submits an application under section 203(b). “(2) UNITED STATES OR FOREIGN HIGH SCHOOL DEGREE.—An applicant whose highest degree is a diploma from a high school in the United States, or the foreign equivalent of such a degree, as determined by the Secretary of Education, shall accrue 1 point. “(3) FOREIGN BACHELOR’S DEGREE.—An applicant who has received the foreign equivalent of a bachelor’s degree from an institution of higher education, as determined by the Secretary of Education, but has not received a degree described in paragraphs (5) through (8), shall accrue 5 points. “(4) UNITED STATES BACHELOR’S DEGREE.—An applicant who has received a bachelor’s degree from an institution of higher education, but has not received a degree described in paragraphs (5) through (8), shall accrue 6 points. “(5) FOREIGN MASTER’S DEGREE IN STEM.—An applicant whose highest degree is a master’s degree in STEM from a foreign college or university, approved by the Secretary of Education, shall accrue 7 points. “(6) UNITED STATES MASTER’S DEGREE IN STEM.—An applicant whose highest degree is a master’s degree in STEM from an institution of higher education shall accrue 8 points. “(7) FOREIGN PROFESSIONAL DEGREE OR DOCTORATE DEGREE IN STEM.—An applicant whose highest degree is a foreign professional degree or a doctorate degree in STEM, approved by the Secretary of Education, shall accrue 10 points. “(8) UNITED STATES PROFESSIONAL DEGREE OR DOCTORATE DEGREE IN STEM.—An applicant whose highest degree is a United States professional degree or a doctorate degree in STEM from an institution of higher education shall accrue 13 points. “(9) APPROVED FOREIGN EDUCATIONAL INSTITUTIONS AND DEGREES.—The Director of U.S. Citizenship and Immigration Services, in cooperation with the Secretary of Education, shall maintain and regularly update a list of foreign educational institutions and degrees that meet accreditation standards equivalent to those recognized by major United States accrediting agencies and are approved for the purpose of accruing points under this subsection. “(e) English language proficiency.— “(1) IN GENERAL.—An applicant may accrue points for English language proficiency in accordance with this subsection based on the highest English language assessment test ranking of the applicant as of the date on which the applicant submits an application under section 203(b). “(2) 1ST THROUGH 5TH DECILES.—An applicant whose English language proficiency test score is lower than the 6th decile rank shall not accrue any points under this subsection. “(3) 6TH AND 7TH DECILES.—An applicant whose English language proficiency test score is in the 6th or 7th decile ranks shall accrue 5 points. “(4) 8TH DECILE.—An applicant whose English language proficiency test score is in the 8th decile rank shall accrue 12 points. “(5) 9TH DECILE.—An applicant whose English language proficiency test score is in the 9th decile rank shall accrue 14 points. “(6) 10TH DECILE.—An applicant whose English language proficiency test score is in the 10th decile rank shall accrue 16 points. “(f) Extraordinary achievement.—An applicant may accrue, for extraordinary achievement under this subsection— “(1) 25 points if the applicant is a Nobel Laureate or has received comparable recognition in a field of scientific or social scientific study, as determined by the Director of U.S. Citizenship and Immigration Services; and “(2) 15 points if the applicant, during the 8-year period immediately preceding the submission of an application under section 203(b)(1), earned an individual Olympic medal or placed first in an international sporting event in which the majority of the best athletes in an Olympic sport were represented, as determined by the Director of U.S. Citizenship and Immigration Services. “(g) Job offer.— “(1) IN GENERAL.—An applicant may accrue, for highly compensated employment under this subsection— “(A) 5 points if the annual salary being offered by the applicant’s prospective employer is at least 200 percent of the median household income in the State in which the applicant will be employed, as determined by the Secretary of Labor, and less than 300 percent of such median household income; “(B) 8 points if the annual salary being offered by the applicant’s prospective employer is at least 300 percent of the median household income in the State in which the applicant will be employed, as determined by the Secretary of Labor, and less than 500 percent of such median household income; and “(C) 12 points if the annual salary being offered by the applicant’s prospective employer is at least 500 percent of the median household income in the State in which the applicant will be employed, as determined by the Secretary of Labor. “(2) REQUIREMENT.—An applicant may not be placed in the eligible applicant pool under section 203(b)(1) if— “(A) the applicant has not received a degree higher than a bachelor’s degree; and “(B) the applicant does not accrue any points under paragraph (1). “(h) Investment in, and active management of, new commercial enterprise.— “(1) IN GENERAL.—An applicant may accrue, for foreign investment under this subsection— “(A) 6 points if the applicant agrees to invest the equivalent of $1,350,000 in foreign currency in a new commercial enterprise in the United States, maintain such investment for at least 3 years, and play an active role in the management of such commercial enterprise as the applicant’s primary occupation; and “(B) 12 points if the applicant agrees to invest the equivalent of $1,800,000 in foreign currency in a new commercial enterprise in the United States, maintain such investment for at least 3 years, and play an active role in the management of such commercial enterprise as the applicant’s primary occupation. “(2) FAILURE TO MAINTAIN INVESTMENT.—A points-based immigrant visa issued under section 201(b) to an applicant who accrued points under this subsection shall be rescinded if the applicant fails to comply with the requirements under paragraph (1) for a period in excess of 1 year. “(i) Valid offer of admission under family preference category.—Any alien who was granted admission to the United States under section 203(a), as in effect on the day before the date of enactment of this section, shall be entitled to 2 points if— “(1) the applicant was scheduled to receive an immigrant visa under that preference category; and “(2) the applicant did not receive an immigrant visa during the 1-year period beginning on the date of the enactment of this section. “(j) Effect of spouse on accrual of points.— “(1) IN GENERAL.—If an applicant has a spouse who will be accompanying or following to join the applicant in the United States, the applicant will identify the points that the spouse would accrue under each of subsections (c) through (e) if he or she were applying for a points-based immigrant visa. “(2) POINTS ADJUSTMENT.—For each of the categories set forth in subsections (c) through (e)— “(A) if the number of points that would be accrued by the spouse is the same or higher as the points accrued by the applicant, the number of points shall not be adjusted; “(B) if the number of points that would be accrued by the spouse is lower than the number of points accrued by the applicant, the number of points accrued by the applicant shall be adjusted so that it is equal to the sum of— “(i) the number of points accrued by the applicant under such category multiplied by 70 percent; and “(ii) the number of points accrued by the spouse under such category multiplied by 30 percent.”. (2) CLERICAL AMENDMENT.—The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 219 the following: “Sec. 220. Immigration points system.”. (l) Annual report.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress that includes, for the previous fiscal year— (1) the number of visas issued under section 203(b) of the Immigration and Nationality Act, as added by subsection (c), based on the Immigration Points System established under section 220 of such Act, as added by subsection (d); (2) with respect to the aliens placed in the eligible applicant pool under section 203(b)(1)(C) of such Act during the previous fiscal year— (A) the percentage of such aliens seeking residence in each State; (B) the percentage of such aliens in each of the educational attainment categories set forth in section 220(d) of such Act; (C) the percentage of such aliens in each of the English language proficiency categories set forth in section 220(e) of such Act; (D) the initial United States employer of such aliens and the average starting annual salary offered by such employers in the United States; and (E) the number of such aliens agreeing to invest in a new commercial enterprise in the United States, and the percentage of such aliens in each of the categories set forth in section 220(h) of such Act; and (3) with respect to the aliens invited to file a points-based immigrant visa petition pursuant to section 203(b)(2) of such Act, the statistics set forth in subparagraphs (A) through (E) of paragraph (2). (m) Quadrennial report.— (1) IN GENERAL.—Not later than 4 years after the date of the enactment of this Act, and every 4 years thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Labor, the Secretary of Commerce, and the Secretary of State, shall submit a report to the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives that includes any recommendations for revisions to the immigration points system set forth in section 220 of the Immigration and Nationality Act, as added by section 5(d), by— (A) reallocating points within or among the categories set forth in subsections (c) through (i) of such section; and (B) adding or subtracting additional points categories. (2) CRITERIA FOR RECOMMENDATIONS.—The recommendations included in the report required under paragraph (1) shall be designed to achieve the goals of— (A) increasing per capita growth in the gross domestic product of the United States; (B) enhancing prospects for the economic success of immigrants issued points-based immigrant visas; (C) improving the fiscal health of the United States; and (D) protecting or increasing the wages of working Americans. (n) Prerequisite for naturalization.—Section 318 of the Immigration and Nationality Act (8 U.S.C. 1429) is amended— (1) by striking “Except” and inserting the following: “(a) Permanent resident.—Except”; (2) by striking “he” each place such term appears and inserting “he or she”; (3) by striking “his” and inserting “his or her”; (4) by striking “Attorney General” each place such term appears and inserting “Secretary of Homeland Security”; (5) by striking “the Service” and inserting “the Department of Homeland Security”; (6) by striking “Notwithstanding” and inserting the following: “(b) Warrant of arrest.—Notwithstanding”; (7) by striking “Act: Provided, That the findings” and inserting “Act. The findings”; and (8) by adding at the end the following: “(c) Outstanding debts.—No person may be naturalized under this title if the individual who executed an affidavit of support with respect to the person has failed to reimburse the Federal Government, in accordance with section 213A(b), for all means-tested public benefits received by the person during the 5-year period beginning on the date on which the alien was lawfully admitted for permanent residence.”. Sec. 611. Termination of exemption from numerical limitations for H–1B nonimmigrants employed by institutions of higher education. (a) In general.—Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended— (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 612. Secure Commercial Driver Licensure. (a) Definitions.—In this section: (1) COMMERCIAL DRIVER’S LICENSE.—The term “commercial driver’s license” has the meaning given the term in section 31301 of title 49, United States Code. (2) DRIVER’S LICENSE.—The term “driver’s license” has the meaning given the term in section 31301 of title 49, United States Code. (3) NON-DOMICILED CDL.—The term “non-domiciled CDL” means a commercial driver’s license issued by a State or other jurisdiction to an individual who is not domiciled in that State or jurisdiction, in accordance with part 383 of title 49, Code of Federal Regulations (or successor regulations). (4) NON-DOMICILED CLP.—The term “non-domiciled CLP” means a commercial learner’s permit issued by a State or other jurisdiction to an individual who is not domiciled in that State or jurisdiction, in accordance with part 383 of title 49, Code of Federal Regulations (or successor regulations). (5) SECRETARY.—The term “Secretary” means the Secretary of Transportation. (b) Requirement to administer driving tests in English.—Section 31305(a) of title 49, United States Code, is amended— (1) in the matter preceding paragraph (1), in the first sentence, by inserting “(referred to in this section as the ‘Secretary’)” after “Secretary of Transportation”; (2) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (3) by inserting after paragraph (6) the following: “(7) shall require the tests to be administered only in English;”. (c) Rulemaking.—Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate new, or revise existing, regulations, rules, and documents, as necessary, to ensure that all testing relating to the issuance or renewal of a commercial driver’s license is conducted only in English, including— (1) any tests administered as part of an entry-level driver training program; (2) any knowledge tests relating to the issuance or renewal of a commercial driver’s license; and (3) any tests administered by a third-party training provider included on the training provider registry maintained by the Federal Motor Carrier Safety Administration. (d) Requirement to hold driver’s license before obtaining CDL.—Subject to subsection (b), beginning on the date of enactment of this Act, a commercial driver’s license may not be issued to an individual who has not held a driver’s license for a period of at least 1 year before the date on which the commercial driver’s license is issued. (e) Exemption.—Subsection (d) does not apply to a citizen or legal permanent resident of the United states who holds a commercial driver’s license as of the date of enactment of this Act. (f) Revocation of authority.—The Secretary may revoke the authority of any State or other jurisdiction to issue non-domiciled CDLs or non-domiciled CLPs if the Secretary determines that the State or other jurisdiction is not in compliance with all applicable Federal standards relating to that authority, including the provisions of this Act and any regulations promulgated or revised under this Act. (g) REAL ID compliance.—Effective January 1, 2028, no commercial driver's license shall be issued that is not compliant with the requirements of the REAL ID Act. Effective January 1, 2030, no driver's license shall be recognized by the United States Government or required to be recognized among the States unless it is compliant with the provisions of the REAL ID Act. (h) TWIC carriage.—Effective March 1, 2026, all individuals who are required to carry a commercial driver's license or commercial learner's permit by law or who are in possession of a commercial driver's license or commercial learner's permit shall be required to carry a Transportation Worker Identification Credential at all times while driving. An individual who is in possession of a non-domiciled CDL or non-domiciled CLP who is not in possession of a TWIC shall lose such non-domiciled CDL or non-domiciled CLP immediately upon discovery. Sec. 613. Citizenship at birth exclusions for certain persons born in the United States. (a) In general.—Section 301(a) of the Immigration and Nationality Act (8 U.S.C. 1401(a)) is amended by striking the semicolon at the end and inserting the following: “: Provided, That a person born in the United States shall not be considered subject to the jurisdiction of the United States if the person is born of alien parents who are— (1) unlawfully present in the United States; (2) present in the United States for non-permanent or diplomatic purposes; (3) not a citiezn of the United States; or (4) engaged in a hostile occupation of, or a hostile operation in, the United States;”. (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 614. Termination of certain exceptions from H–1B nonimmigrant visa numerical limitation. (a) Three-Year period.—Section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) is amended by adding at the end the following: “An alien who has been counted against the numerical limitation under paragraph (1)(A) shall be recounted against such numerical limitation during the fiscal year in which such alien surpasses 3 years in the nonimmigrant status described in section 101(a)(15)(H)(i)(b).”. (b) Employment by colleges and research institutions.—Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by striking paragraph (5). (c) Change of status to H–1B nonimmigrant.—Section 214(l)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(2)(A)) is amended by striking the second sentence. (d) Change of employer.—Section 214(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(n)(1)) is amended by inserting “If the new position is approved, such position shall be counted against the numerical limitation under subsection (g)(1)(A).” after “the new petition is adjudicated.”. Sec. 615. Inadmissibility and deportability related to defrauding the United States Government or unlawfully receiving public benefits. (a) Inadmissibility.—Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following: “(J) DEFRAUDING THE UNITED STATES GOVERNMENT OR UNLAWFULLY RECEIVING PUBLIC BENEFITS.—Any alien who has been convicted of, who admits having committed, or who admits committing acts constituting the essential elements of, an offense that involves defrauding the United States Government or unlawfully receiving a Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)) or a State or local public benefit (as such term is defined in section 411(c) of such Act (8 U.S.C. 1621(c))), or a conspiracy to commit such an offense, is inadmissible.”. (b) Deportability.—Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: “(G) DEFRAUDING THE UNITED STATES GOVERNMENT OR UNLAWFULLY RECEIVING PUBLIC BENEFITS.—Any alien who has been convicted of an offense that involves defrauding the United States Government or unlawfully receiving a Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)) or a State or local public benefit (as such term is defined in section 411(c) of such Act (8 U.S.C. 1621(c))), or a conspiracy to commit such an offense, is deportable.”. Sec. 616. Interference with immigration enforcement. (a) In general.—Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) is amended by adding at the end the following: “(f) Interference with immigration enforcement.—Any person who knowingly impedes or interferes with an officer or employee of U.S. Immigration and Customs Enforcement who is enforcing the immigration laws, including destroying or damaging property of the United States being used for purposes of such enforcement, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both.”. (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 617. Ineligibility of sanctuary jurisdictions for community development block grants. (a) In general.—Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended— (1) in section 102(a) (42 U.S.C. 5302(a)), by adding at the end the following: “(25) (A) Except as provided in subparagraph (B), the term ‘sanctuary jurisdiction’ means any State or political subdivision of a State that has in effect a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from— “(i) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or “(ii) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226, 1357) to comply with a detainer for, or notify about the release of, an individual. “(B) A State or political subdivision of a State shall not be deemed a sanctuary jurisdiction based solely on its having a policy whereby its officials will not share information regarding, or comply with a request made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226, 1357) to comply with a detainer regarding, an individual who comes forward as a victim or a witness to a criminal offense.”; and (2) in section 104(b) (42 U.S.C. 5304(b))— (A) in paragraph (5), by striking “and” at the end; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: “(6) the grantee is not a sanctuary jurisdiction and will not become a sanctuary jurisdiction during the period for which the grantee receives a grant under this title; and”. (b) Effective date.—The amendment made by this section shall take effect sixty days after its enactment. Sec. 618. Reduction of costs associated to foreign entry into the borders of the United States. (a) Limitation of foreign entry.—Notwithstanding any other provision of law, but except as provided in subsection (c), no alien may be issued a visa or provided any status under the immigration laws, until the immigration laws provide that— (1) States and localities are not prohibited from denying access to public schools to aliens present in the United States without lawful status under the immigration laws; (2) no nonimmigrant may adjust status to that of an alien lawfully admitted for permanent residence; (3) citizenship at birth is only available to a child who— (A) is born in the United States; and (B) has at least one parent who is— (i) a citizen of the United States; or (ii) an alien lawfully admitted for permanent residency in the United States; (4) no alien may be accorded any status under section 201(a)(1) of the Immigration and Nationality Act unless that alien is— (A) the spouse or minor child of a United States citizen; or (B) the spouse or minor child of an alien lawfully admitted for permanent residency; (5) no alien may be accorded any lawful status under the immigration laws if that alien is— (A) an Islamist; (B) an observer of Sharia law; (C) a member or associate of the Chinese Communist Party; (D) a known or suspected terrorist; (E) a known or suspected member of a foreign terrorist organization; or (F) a person who is affiliated with any foreign terrorist organization; and (6) no alien may be provided— (A) any benefit payable under title XVIII of the Social Security Act (relating to the medicare program); (B) medical assistance under title XIX of the Social Security Act (or any successor program to such title) for care and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3) of such Act) of the alien involved and are not related to an organ transplant procedure, if the alien involved otherwise meets the eligibility requirements for medical assistance under the State plan approved under such title (other than the requirement of the receipt of aid or assistance under title IV of such Act, supplemental security income benefits under title XVI of such Act, or a State supplementary payment); (C) any benefit under the supplemental security income program under title XVI of the Social Security Act, including supplementary payments pursuant to an agreement for Federal administration under section 1616(a) of the Social Security Act and payments pursuant to an agreement entered into under section 212(b) of Public Law 93–66; (D) any benefit under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); (E) any credit under section 36B of the Internal Revenue Code of 1986; (F) any credit under section 32 of the Internal Revenue Code of 1986; (G) any benefit under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); (H) a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); (I) any benefit under any program for housing or community development assistance or financial assistance administered by the Secretary of Housing and Urban Development, any program under title V of the Housing Act of 1949, or any assistance under section 306C of the Consolidated Farm and Rural Development Act; and (J) any loan or loan guarantee under the Small Business Act. (b) Effective date.— (1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) PRIOR APPLICATION.—Notwithstanding paragraph (1), in the case of any alien who applied for any status under the immigration laws before the date of the enactment of this Act who is ineligible for such status by reason of the enactment of this Act, such application shall be revoked, and any fee paid by such alien shall be refunded. (c) Exception.—The prohibition on the issuance of a visa or provision of status under subsection (a) does not apply in the case of a visa or status under section 101(a)(15)(B)(ii). (d) H-1B fees.—Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following: “(D) ADDITIONAL FEE.—Notwithstanding any other provision of law, beginning with fiscal year 2026, a fee of $100,000 shall be imposed on an employer filing a petition under paragraph (1)— “(i) initially to grant an alien nonimmigrant status described in section 101(a)(15)(H)(i)(b); “(ii) to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or “(iii) to obtain authorization for an alien having such status to change employers.”. (e) Eliminating the optional practical training program.—Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended by adding at the end the following: “(4) EMPLOYMENT AUTHORIZATION FOR ALIENS NO LONGER ENGAGED IN FULL-TIME STUDY IN THE UNITED STATES.—Notwithstanding any other provision of law, no alien present in the United States as a nonimmigrant under section 101(a)(15)(F)(i) may be provided employment authorization in the United States.”. (f) Termination of Diversity Immigrant Visa Program.—Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by striking subsection (c). (g) Technical and conforming amendments.—Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended— (1) in section 201— (A) in subsection (a)— (i) in paragraph (1), by adding “and” at the end; (ii) in paragraph (2), by striking “; and” and inserting a period; and (iii) by striking paragraph (3); and (B) by striking subsection (e); (2) in section 203— (A) by striking subsection (c); (B) in subsection (d), by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”; (C) in subsection (e)— (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2); (D) in subsection (f), by striking “subsection (a), (b), or (c) of this section” and inserting “subsection (a) or (b)”; (E) in subsection (g), by striking “subsections (a), (b), and (c)” and inserting “subsections (a) and (b)”; and (F) in subsection (h)(2)(B), by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”; and (3) in section 204— (A) in subsection (a)(1), by striking subparagraph (I); (B) in subsection (e), by striking “subsection (a), (b), or (c)” and inserting “subsection (a) or (b)”; and (C) in subsection (l)(2)(B), by striking “section 203 (a) or (d)” and inserting “subsection (a) or (d) of section 203”. (h) Definition.—Terms used in this Act have the meaning given such terms under section 101(a) of the Immigration and Nationality Act. TITLE VII—Regulation for the Deficit Act of 2026 Sec. 701. Clean water regulations reform. (a) In general.—A new section 1331 of Title 33 is created as follows: “Clean water for humans, human drinking water, and edible sea life” “(a) The pollution of waters with any substance or chemical which may harm the health of humans, human drinking water, or edible sea life within the territory or exclusive economic zone shall be prohibited and punished by a fine not exceeding $12,000,000, twelve years imprisonment, or both. “(b) The Environmental Protection Agency is authorized to establish regulations to ensure that products inflict minimal or zero damage upon edible sea life within U.S. waters. “(c) The Food and Drug Administration is authorized to establish regulations to minimize maritime pollution caused by food and drug products which may cause damage to the health of edible sea life or humans, including outright prohibition of products which inherently cause pollution. “(d) States, persons, counties, and municipalities have standing to file suit to mandate enforcement of this Section or claim inadequate regulation. “(e) This Section preempts all relevant state, territorial, tribal, or other laws or ordinances. “(f) This Section shall” (b) Effective date.—This section shall take effect sixty days after its enactment. Sec. 702. Increased penalty for misleading domains. (a) In general.—18 U.S.C. Sec. 2252C is amended as follows: (1) in subsection (a), by striking “10 years” and inserting “15 years”, (2) in subsection (b), by striking “20” and inserting “40” and inserting “double the amount relative to that which would be fined under subsection (a) of this section” after “shall be fined”, (3) by amending subsection 18 U.S.C. Sec. 2252C(c) as follows: “(c) Construction.—For the purposes of this section, any claim that the identity of a person who is recorded nude or performing any obscene act or any act involving excretory functions has been verified (including by means of providing means to provide payment for any recordings of nudity, obscene acts, of excretory functions of such person) shall be regarded as implying that such person is legally capable of consenting to all acts depicted and the recording of such acts.” (b) Effective date.—The amendments made by this section shall become effective 60 days after the enactment of this Act. Sec. 703. Bad Samaritan Liability. (a) In general.—47 U.S. Code Sec. 230 is amended as follows: (1) In subparagraph (c)(2)(A), by replacing “objectionable” with “in violation of a terms of service”. (2) By adding a new paragraph (c)(3) as follows: “(3) Bad Samaritan liability.—Paragraph (c)(2) shall not apply to any provider or user of an interactive computer service which does not meet the good faith definition of this section.”. (3) In subsection (e), by adding the following new paragraph: “(6) Effects on other laws.—Nothing in this section shall be construed to impair the enforcement of any act relating to antitrust, securities or investor protection, incitement of violence or riots, terrorism, child abuse, cyberstalking or gangstalking, any law restricting obscenity, nudity, or lewdness.”. (4) By adding a new paragraph numbered (f)(5), as follows: “(5) Good faith.—The term “good faith” shall refer to the consistent enforcement of a terms of service which prohibits obscenity and unlawful materials (including all laws not affected by this section), refraint from facilitation or solicitation of content which would violate such terms, refraint from the intentional prohibition of information sources which have not made a payment or settlement for libel or any other unlawful false statement while permitting information sources that have made such payments or settlements, and doing so for a minimum of ten continuous years prior to the enactment of this definition or for a minimum of ten continuous years after the enactment of this section.”. (b) Effective date.—The amendments made by this section shall become effective 60 days after the enactment of this Act. Sec. 704. Tax on obscene products. (a) Every obscene, lewd, or lascivious, and every filthy book, pamphlet, picture, paper, letter, writing, print, or other publication of an indecent character, and every article or thing designed, adapted, or intended for preventing conception or producing abortion, or for any indecent or immoral use; and every article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for preventing conception or producing abortion, or for any indecent or immoral purpose and every written or printed card, letter, circular, book, pamphlet advertisement, or notice of any kind giving information directly or indirectly, where, or how, or of whom, or by what means any of the hereinbefore-mentioned matters, articles or things may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed or how or by what means conception may be prevented or abortion may be produced, whether sealed or unsealed; and every letter, packet, or package, or other mail matter containing any filthy, vile, or indecent thing, device or substance and every paper, writing, advertisement or representation that any article, instrument, substance, drug, medicine, or thing may, or can be, used or applied, for preventing conception or producing abortion, or for any indecent or immoral purpose; and every description calculated to induce or incite a person to so use or apply any such article, instrument, substance, drug, medicine, or thing, is hereby declared to be a non-mailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier. Whoever shall knowingly deposit or cause to be deposited for mailing or delivery, anything declared by this section to be non-mailable, or shall knowingly take, or cause the same to be taken, from the mails for the purpose of circulating or disposing thereof, or of aiding in the circulation or disposition thereof, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. (b) Whoever, within the District of Columbia or any of the Territories of the United States shall sell or shall offer to sell, or to lend, or to give away, or in any manner to exhibit, or shall otherwise publish or offer to publish in any manner, or shall have in his possession, for any such purpose or purposes, an obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing or other representation, figure, or image on or of paper or other material, or any cast instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever, for the prevention of conception, or for causing unlawful abortion, or shall advertise the same for sale, or shall write or print, or cause to be written or printed, any card, circular, book, pamphlet, advertisement, or notice of any kind, stating when, where, how, or of whom, or by what means, any of the articles in this section…can be purchased or obtained, or shall manufacture, draw, or print, or in any wise make any of such articles, shall be deemed guilty of a misdemeanor, and on conviction thereof in any court of the United States shall be imprisoned at hard labor in the penitentiary for not less than six months nor more than five years for each offense, or fined not less than costs of court. (c) Sec. 705. Amendments to the family and medical leave act of 1993. (a) In general.—Section 104(c)(2)(B) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)(B)) is amended— (1) in clause (i), by striking the “or” at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: “(ii) the birth of a son or daughter of the employee; or”. (b) Notice.—Section 104(c) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)) is amended by adding at the end the following: “(4) NOTICE REGARDING OPTION TO NOT RETURN FROM LEAVE.—An employer shall notify any eligible employee that takes leave for the birth of a son or daughter of the employee that the employer may not recover any premium described in paragraph (2) that the employer paid for maintaining coverage for the employee if the employee fails to return due to such birth.”. Sec. 706. Destruction of adulterated, misbranded, or counterfeit tobacco products offered for import. (a) In general.—Section 801(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) is amended— (1) in the fourth sentence, by striking “or counterfeit device” and inserting “, counterfeit device, or counterfeit tobacco product (as defined in section 900)”; and (2) by striking “drug or device” each place it appears in the seventh, eighth, ninth, and tenth sentences and inserting “drug, device, or tobacco product”. (b) Applicability.—The amendments made by subsection (a) shall apply beginning on the date of enactment of this Act. Sec. 707. Regulation of human cadaveric islet transplants. (a) In general.—Section 374(d)(2) of the Public Health Service Act (42 U.S.C. 274b(d)(2)) is amended by striking “pancreas,” and inserting “and pancreas, human cadaveric islets,”. (b) Clarification.—Notwithstanding any other provision of law, none of the following terms includes human cadaveric islets: (1) The term “drug”, as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)). (2) The term “biological product”, as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (3) The term “human cells, tissues, or cellular or tissue-based products (HCT/Ps)”, as defined in section 1271.3 of title 21, Code of Federal Regulations (or any successor regulations). (c) Regulations.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall update regulations promulgated under parts F, G, and H of title III of the Public Health Service Act (42 U.S.C. 262 et seq., 264 et seq., 273 et seq.) and the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), and such other regulations as the Secretary determines appropriate, to carry out the amendment made by subsection (a). (2) REPORT.—Not later than 6 months after the date of enactment of this Act, the Secretary shall report to Congress on the progress made in updating regulations as required under paragraph (1). Sec. 708. Amendments to Children’s Online Privacy Protection Act of 1998. (a) Definitions.—Section 1302 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended— (1) by amending paragraph (2) to read as follows: “(2) OPERATOR.—The term ‘operator’— “(A) means any person— “(i) who, for commercial purposes, operates or provides a website, an online service, an online application, or a mobile application; and “(ii) who— “(I) collects or maintains, either directly or through a service provider, personal information of users of the website, service, or application; “(II) allows another person to collect personal information directly from users of the website, service, or application (in which case, the operator is deemed to have collected the information); or “(III) allows users of the website, service, or application to publicly disclose personal information (in which case, the operator is deemed to have collected the information); and “(B) does not include any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.”; (2) in paragraph (4)— (A) by amending subparagraph (A) to read as follows: “(A) the release of personal information collected from a child or teen by an operator for any purpose, except if the personal information is provided to a person other than an operator who— “(i) provides support for the internal operations of the website, online service, online application, or mobile application of the operator, excluding any activity relating to individual-specific advertising provided to children or teens; and “(ii) does not disclose or use the personal information for any other purpose; and”; and (B) in subparagraph (B)— (i) in the matter preceding clause (i)— (I) by inserting “or teen” after “child” each place the term appears; (II) by striking “website or online service” and inserting “website, online service, online application, or mobile application”; and (III) by striking “actual knowledge” and inserting “knowledge”; and (ii) in clause (i), by striking “a website” and inserting “such a website, service, or application”; (3) by amending paragraph (8) to read as follows: “(8) PERSONAL INFORMATION.— “(A) IN GENERAL.—The term ‘personal information’ means individually identifiable information about an individual collected online, including— “(i) a first and last name; “(ii) a home or other physical address, including a street name and a name of a city or town; “(iii) an e-mail address; “(iv) a telephone number; “(v) a Social Security number; “(vi) a persistent identifier that can be used to recognize a specific child or teen over time and across different websites, online services, online applications, or mobile applications, that— “(I) includes— “(aa) a customer number held in a cookie; “(bb) an Internet Protocol (IP) address; “(cc) a processor or device serial number; and “(dd) a unique device identifier; and “(II) excludes an identifier that is used by an operator solely for providing support for the internal operations of a website, online service, online application, or mobile application of the operator; “(vii) a photograph, video, or audio file that contains the image or voice of a child or teen; “(viii) geolocation information; “(ix) information generated from the measurement or technological processing of the biological, physical, or physiological characteristics of an individual, including— “(I) fingerprints; “(II) voice prints; “(III) iris or retina imagery scans; “(IV) facial templates; “(V) deoxyribonucleic acid (DNA) information; and “(VI) gait; “(x) information linked or reasonably linkable to a child or teen or a parent of a child or teen (including any unique identifier) that an operator collects online from the child or teen and combines with an identifier described in this subparagraph; and “(xi) any other identifier that the Commission determines permits the physical or online contacting of an individual. “(B) EXCLUSION.—The term ‘personal information’ does not include an audio file that contains the voice of a child or teen if the operator— “(i) does not request information via voice that would otherwise be considered personal information under this paragraph; “(ii) provides clear notice in the privacy policy of a website, online service, online application, or mobile application of the operator regarding— “(I) the collection and use of such an audio file; and “(II) the deletion policy relating to such an audio file; “(iii) only uses the voice contained in the audio file as a replacement for written words to perform a task or otherwise engage with such website, service, or application, including by conducting a search or fulfilling a verbal instruction or request; “(iv) only maintains the audio file during the period necessary to complete the relevant task or engagement; “(v) does not make any other use of the audio file during such period; and “(vi) deletes the audio file at the end of such period. “(C) SUPPORT FOR THE INTERNAL OPERATIONS OF A WEBSITE, ONLINE SERVICE, ONLINE APPLICATION, OR MOBILE APPLICATION.— “(i) IN GENERAL.—For purposes of subparagraph (A)(vi)(II), the term ‘support for the internal operations of a website, online service, online application, or mobile application’ means the activities necessary to such website, service, or application to— “(I) maintain or analyze functioning; “(II) perform network communications; “(III) authenticate users; “(IV) personalize content; “(V) serve contextual advertising to users (if any persistent identifier is only used as necessary for technical purposes to serve the contextual advertisement or cap the frequency of contextual advertising); “(VI) protect— “(aa) the integrity of the website, service, or application; or “(bb) the personal information or security of users; “(VII) ensure compliance with Federal or State law; and “(VIII) fulfill a request of a child or teen under subparagraph (A), (B), or (C) of section 1303(b)(2). “(ii) CONDITION.—Except as permitted under clause (i), information collected through the activities described in clause (i) may not be used or disclosed to contact an individual (including through individual-specific advertising provided to children or teens), to amass a profile on an individual, in connection with processes that encourage or prompt use of a website or online service, or for any other purpose.”; (4) by amending paragraph (9) to read as follows: “(9) VERIFIABLE CONSENT.—The term ‘verifiable consent’ means any reasonable effort (taking into consideration available technology) by an operator, including a request for authorization for future collection, use, and disclosure of personal information, to ensure that a parent of a child (in the case of a child) or a teen (in the case of a teen)— “(A) receives direct notice of the collection, use, and disclosure practices of the operator with respect to personal information; and “(B) before the personal information of the child or teen is collected, freely and unambiguously authorizes— “(i) the collection, use, and disclosure, as applicable, of the personal information; and “(ii) any subsequent use of the personal information.”; (5) in paragraph (10)— (A) in the heading, by striking “Website or online service directed to children” and inserting “Website, online service, online application, or mobile application directed to children”; (B) by striking “website or online service directed to children” each place it appears and inserting “website, online service, online application, or mobile application directed to children”; (C) by striking “commercial website or online service” each place it appears and inserting “website, online service, online application, or mobile application”; and (D) by adding at the end the following new subparagraph: “(C) RULE OF CONSTRUCTION.—In considering whether a website, online service, online application, or mobile application, or a portion thereof, is directed to children, the Commission shall apply a totality of circumstances test considering competent and reliable evidence regarding the intended audience of the website, service, or application.”; and (6) by adding at the end the following: “(13) ONLINE APPLICATION.—The term ‘online application’ means an internet-connected software program. “(14) MOBILE APPLICATION.—The term ‘mobile application’ means a software program that runs on the operating system of— “(A) a cellular telephone; “(B) a tablet computer; or “(C) a similar portable computing device that transmits data over a wireless connection. “(15) GEOLOCATION INFORMATION.—The term ‘geolocation information’ means information sufficient to identify a street name and name of a city or town. “(16) TEEN.—The term ‘teen’ means an individual over the age of 12 and under the age of 17. “(17) HIGH-IMPACT SOCIAL MEDIA COMPANY.—The term ‘high-impact social media company’ means a website, online service, online application, or mobile application of an operator that— “(A) generates $3,000,000,000 or more in annual revenue, including any revenue generated by any affiliate of such operator; “(B) has 300,000,000 or more monthly active users for not fewer than 3 of the preceding 12 months on the website, online service, online application, or mobile application of such operator; and “(C) constitutes an online product or service that is primarily used by users to access or share user-generated content. “(18) KNOWLEDGE.—The term ‘knowledge’ means— “(A) with respect to a high-impact social media company, the operator has actual knowledge, or willfully disregarded information that would lead a reasonable and prudent person to determine, that a user is a child or teen; and “(B) with respect to an operator that does not meet the requirements of subparagraph (A), actual knowledge. “(19) INDIVIDUAL-SPECIFIC ADVERTISING TO CHILDREN OR TEENS.— “(A) IN GENERAL.—The term ‘individual-specific advertising to children or teens’ means advertising or any other effort to market a product or service that is directed to a child or teen based on— “(i) personal information of— “(I) the child or teen; or “(II) a group of children or teens who are similar in sex, age, household income level, race, or ethnicity to the child or teen to whom the product or service is marketed; or “(ii) profiling of such child or teen or group of children or teens. “(B) EXCLUSIONS.—The term ‘individual-specific advertising to children or teens’ does not include— “(i) advertising or marketing to an individual or to a device of an individual in response to a request by the individual for information or feedback, such as a search query by a child or teen; “(ii) contextual advertising, including if an advertisement is displayed based on the content of the website, online service, online application, or mobile application on which the advertisement appears and does not vary based on personal information of an individual who views the advertisement; “(iii) processing personal information solely for measuring or reporting advertising or content performance, reach, or frequency, including through independent measurement; or “(iv) advertising or marketing directed to a device used by both adult and child or teen members of a household, if such advertising or marketing is directed only to services accessible through an adult user profile. “(C) RULE OF CONSTRUCTION.—Nothing in subparagraph (A) may be construed to prohibit an operator with knowledge that a user is a child or teen from delivering advertising or marketing that is age-appropriate and intended for a child or teen audience, if the operator does not use any personal information other than whether the user is a child or teen. “(20) EDUCATIONAL AGENCY OR INSTITUTION.—The term ‘educational agency or institution’ means— “(A) a State educational agency or a local educational agency (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and “(B) an elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)).”. (b) Online collection, use, disclosure, and deletion of personal information of children and teens.—Section 1303 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6502) is amended— (1) by striking the heading and inserting the following: “Online collection, use, disclosure, and deletion of personal information of children and teens.”; (2) in subsection (a)— (A) by amending paragraph (1) to read as follows: “(1) IN GENERAL.—It is unlawful for an operator of a website, online service, online application, or mobile application directed to children or for any operator of a website, online service, online application, or mobile application with knowledge that a user of such website, service, or application is a child or teen— “(A) to collect personal information from a child or teen in a manner that violates the regulations promulgated under subsection (b); “(B) to collect, use, disclose to third parties, or maintain personal information of a child or teen for the purpose of providing individual-specific advertising to children or teens (or to allow another person to collect, use, disclose, or maintain such information for such purpose); “(C) to collect personal information of a child or teen, except if the collection of the personal information is— “(i) consistent with the context of a particular transaction or service or the relationship of the child or teen with the operator, including any collection necessary to fulfill a transaction or provide a product or service requested by the child or teen; or “(ii) authorized or required by Federal or State law; “(D) to retain the personal information of a child or teen for longer than is reasonably necessary to fulfill a transaction or provide a service requested by the child or teen, except as authorized or required by Federal or State law; or “(E) with respect to the personal information of a child or teen— “(i) to store such information in a covered nation (as defined in section 4872(f) of title 10, United States Code), unless notice of such storage is provided to the parent of such child or to such teen, as the case may be; “(ii) to transfer such information to such a nation, unless notice of such transfer is provided to the parent of such child or to such teen, as the case may be; or “(iii) to provide such a nation with access to such information, unless notice of such access is provided to the parent of such child or to such teen, as the case may be.”; and (B) in paragraph (2)— (i) in the heading, by striking “parent” and inserting “parent or teen”; (ii) by striking “an operator of such a website or online service nor the operator’s agent” and inserting “an operator of such a website, service, or application nor an agent of such an operator”; and (iii) by striking “subsection (b)(1)(B)(iii) to the parent of a child” and inserting “subsection (b)(1)(B)(iv) to a parent of a child or under subsection (b)(1)(C)(iv) to a teen”; (3) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking “the operator of any website” and all that follows through “from a child” and inserting “an operator of a website, online service, online application, or mobile application directed to children or that has knowledge that a user is a child or teen”; (II) in clause (i)— (aa) by striking “notice on the website” and inserting “clear and conspicuous notice on the website, service, or application”; (bb) by inserting “or teens” after “children”; (cc) by striking “, and the operator’s disclosure practices” and inserting “, the disclosure practices of the operator”; and (dd) by striking “; and” and inserting “, the rights and opportunities available to a parent of a child or teen and a teen under subparagraphs (B) and (C), and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children or teens (except as permitted by the regulations promulgated under this subsection);”; (III) in clause (ii)— (aa) by striking “parental”; (bb) by inserting “or teens” after “children”; and (cc) by striking the semicolon at the end and inserting “; and”; and (IV) by inserting after clause (ii) the following new clause: “(iii) to obtain verifiable consent from a parent of a child (in the case of a child) or from a teen (in the case of a teen) before using or disclosing personal information of the child or teen for any purpose that is a material change from how the operator uses such information or from the disclosure practices specified to the parent of the child or the teen under clause (i);”; (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking “that website or online service” and inserting “the operator”; (II) in clause (i), by striking “that operator” and inserting “the operator, the method by which the operator obtains the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information” before the semicolon; (III) in clause (ii)— (aa) by inserting “to delete personal information collected from the child or content or information submitted by the child to a website, online service, online application, or mobile application of the operator and” after “the opportunity at any time”; and (bb) by striking “from that child; and” and inserting “of the child;”; (IV) by redesignating clause (iii) as clause (iv) and inserting after clause (ii) the following new clause: “(iii) the opportunity to challenge the accuracy of the personal information and, if the parent of the child establishes the inaccuracy of the personal information, to have the inaccurate personal information corrected; and”; and (V) in clause (iv), as so redesignated, by striking “from that child;” and inserting “of the child, if such information is available to the operator at the time the parent makes the request;”; (iii) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (iv) by inserting after subparagraph (B) the following new subparagraph: “(C) require the operator, upon the request of a teen (or a parent of the teen) who has provided personal information to the operator, to provide to the teen or parent (upon authentication of the teen or parent through reasonable means)— “(i) a description of the specific types of personal information collected from the teen by the operator, the method by which the operator obtains the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information; “(ii) the opportunity at any time to delete personal information collected from the teen or content or information submitted by the teen to a website, online service, online application, or mobile application of the operator; “(iii) the ability to refuse to permit the operator any further use or maintenance, in retrievable form or online collection, of personal information of the teen; “(iv) the opportunity to challenge the accuracy of the personal information and, if the teen or parent establishes the inaccuracy of the personal information, to have such inaccurate personal information corrected; and “(v) notwithstanding any other provision of law, a means that is reasonable under the circumstances for the teen or parent to obtain any personal information collected from the teen, if such information is available to the operator at the time the teen or parent makes the request;”; (v) in subparagraph (D), as so redesignated— (I) by striking “a child’s participation” and inserting “the participation of a child or teen”; and (II) by inserting “or teen” after “the child”; and (vi) by amending subparagraph (E), as so redesignated, to read as follows: “(E) require the operator— “(i) to establish, implement, and maintain reasonable security practices to protect the confidentiality, integrity, and accessibility of personal information of children or teens collected by the operator; and “(ii) to protect such personal information against unauthorized access.”; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking “verifiable parental consent” and inserting “verifiable consent”; (ii) in subparagraph (A)— (I) by inserting “or teen” after “collected from a child”; (II) by inserting “or teen” after “request from the child”; and (III) by inserting “or teen or to contact another child or teen” after “to recontact the child”; (iii) in subparagraph (B)— (I) by striking “parent or child” and inserting “parent or teen”; and (II) by striking “parental consent” each place the term appears and inserting “verifiable consent”; (iv) in subparagraph (C)— (I) in the matter preceding clause (i), by inserting “or teen” after “child” each place the term appears; (II) in clause (i)— (aa) by inserting “or teen” after “child” each place the term appears; and (bb) by inserting “or teen, as applicable,” after “parent” each place the term appears; and (III) in clause (ii)— (aa) by inserting “or teen, as applicable,” after “parent”; and (bb) by inserting “or teen” after “child” each place the term appears; (v) in subparagraph (D)— (I) in the matter preceding clause (i)— (aa) by inserting “or teen” after “child” each place the term appears; and (bb) by striking “participant on the site” and inserting “who is a user of a website, online service, online application, or mobile application”; (II) in clause (ii), by inserting “or teen” after “child”; (III) in clause (iii), by striking “site” and inserting “website, service, or application”; and (IV) in the flush text following clause (iii)— (aa) by inserting “or teen, as applicable,” after “parent” each place the term appears; and (bb) by inserting “or teen” after “child”; and (vi) in subparagraph (E)— (I) in the matter preceding clause (i), by striking “website or online service” and insert “website, service, or application”; and (II) in clause (i), by striking “its website” and inserting “the website, service, or application”; (C) by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following new paragraph: “(3) APPLICATION TO OPERATORS ACTING UNDER AGREEMENTS WITH EDUCATIONAL AGENCIES OR INSTITUTIONS.—The regulations promulgated under this subsection may provide that verifiable consent under paragraph (1)(A)(ii) is not required for an operator that acts under a written agreement with an educational agency or institution that requires— “(A) the operator to— “(i) limit the collection, use, and disclosure by the operator of the personal information of a child or teen who is a student served by the educational agency or institution to solely educational purposes and for no other commercial purposes; “(ii) provide notice to the educational agency or institution regarding the specific types of personal information the operator collects from such a child or teen, the method by which the operator obtains the personal information, and the purposes for which the operator collects, uses, discloses, and retains the personal information; “(iii) provide to the educational agency or institution a link regarding the disclosure practices of the operator described in subsection (b)(1)(A)(i); and “(iv) upon request by the educational agency or institution— “(I) provide the educational agency or institution with a means to review the personal information collected from such a child or teen; “(II) prevent any further use, maintenance, or collection of personal information of such a child or teen; and “(III) delete personal information collected from such a child or teen or content or information submitted by such a child or teen to the website, online service, online application, or mobile application of the operator; “(B) a representative of the educational agency or institution to provide— “(i) the name of the representative; “(ii) the title of the representative at the educational agency or institution; and “(iii) an acknowledgment that the representative has authority to permit the collection, use, and disclosure of personal information of children or teens who are students served by the educational agency or institution on behalf of the educational agency or institution; and “(C) the educational agency or institution to— “(i) provide on a publicly available website of the educational agency or institution a notice that— “(I) identifies the operator with which the educational agency or institution has entered into a written agreement under this paragraph; and “(II) includes the link described in subparagraph (A)(iii); “(ii) upon request, provide the notice described in subparagraph (A)(ii) to a parent (in the case of a child who is a student served by the educational agency or institution) or a parent or teen (in the case of a teen who is a student served by the educational agency or institution); and “(iii) upon the request of a parent (in the case of such a child) or a parent or teen (in the case of such a teen), request the operator provide a means to review the personal information of such child or teen and provide such parent or teen a means to review the personal information.”; (D) by amending paragraph (4), as so redesignated, to read as follows: “(4) TERMINATION OF SERVICE.—The regulations promulgated under this subsection shall permit an operator to terminate service provided to a child for whom a parent has refused or a teen who has refused (under the regulations promulgated under paragraphs (1)(B)(ii) and (1)(C)(ii), respectively) to permit the operator any further use or maintenance, in retrievable form or online collection, of personal information of the child or teen.”; and (E) by adding at the end the following new paragraphs: “(5) CONTINUATION OF SERVICE.—The regulations promulgated under this subsection shall prohibit an operator from discontinuing service provided to a child or teen on the basis of a request by a parent of the child or by the teen (under the regulations promulgated under paragraphs (1)(B)(ii) and (1)(C)(ii), respectively) to delete personal information collected from the child or teen, to the extent that the operator is capable of providing such service without such information. “(6) RULE OF CONSTRUCTION.—A request to delete or correct personal information of a child or teen (under the regulations promulgated under paragraphs (1)(B) or (1)(C), respectively) may not be construed— “(A) to limit the authority of a law enforcement agency to obtain any content or information from an operator pursuant to a lawfully executed warrant or an order of a court of competent jurisdiction; “(B) to require an operator to delete or correct information that— “(i) the operator is required to maintain under any other provision of Federal or State law; or “(ii) was submitted to the website, online service, online application, or mobile application of the operator by any person other than the user who has requested that the content or information be deleted or corrected, including content or information submitted by the user that was republished or resubmitted by another person; or “(C) to prohibit an operator from— “(i) retaining a record of the request for deletion or correction and the information necessary to comply with a request made under the regulations promulgated under paragraphs (1)(B) or (1)(C); “(ii) preventing, detecting, protecting against, or responding to security incidents, identity theft, or fraud, or reporting a person responsible for any such action; “(iii) protecting the integrity or security of a website, online service, online application, or mobile application of the operator; or “(iv) ensuring that the personal information of the child or teen remains deleted. “(7) COMMON VERIFIABLE CONSENT MECHANISM.— “(A) IN GENERAL.— “(i) FEASIBILITY OF MECHANISM.—The Commission, with notice and public comment, shall assess the feasibility of allowing an operator to use a common verifiable consent mechanism that meets the requirements of this title. “(ii) REQUIREMENTS.—The feasibility assessment required by clause (i) shall consider whether a single operator could use a common verifiable consent mechanism to obtain verifiable consent from a parent of a child or from a teen on behalf of multiple, listed operators that provide a joint or related service. “(B) REPORT.—Not later than 1 year after the date of the enactment of this paragraph, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report detailing the results of the feasibility assessment required by subparagraph (A)(i). “(C) REGULATIONS.—If the Commission determines in the feasibility assessment required by subparagraph (A)(i) that the use of a common verifiable consent mechanism is feasible and meets the requirements of this title, the Commission shall promulgate regulations to permit the use of such a common verifiable consent mechanism in accordance with such determination.”; (4) in subsection (c), by striking “a regulation prescribed under subsection (a)” and inserting “subsection (a)(1) or a regulation promulgated under subsection (b)”; and (5) by amending subsection (d) to read as follows: “(d) Preemption.—No State, or political subdivision of a State, may maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law that relates to the provisions of this Act.”. (c) Safe harbors.—Section 1304 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6503) is amended— (1) in subsection (b)(1), by inserting “and teens” after “children”; and (2) by adding at the end the following: “(d) Publication.— “(1) IN GENERAL.—Except as provided in paragraph (2), the Commission shall publish on the website of the Commission any report or documentation required under this title to be submitted to the Commission. “(2) RESTRICTIONS ON PUBLICATION.—Notwithstanding the publication requirement described in paragraph (1), the restrictions described in sections 6(f) and 21 of the Federal Trade Commission Act (15 U.S.C. 46(f); 57b–2) applicable to the disclosure of information obtained by the Commission shall apply in the same manner to any publication under paragraph (1).”. (d) Actions by States.—Section 1305 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6504) is amended— (1) in subsection (a)(1)— (A) in the matter preceding subparagraph (A), by inserting “section 1303(a)(1) or” before “any regulation”; and (B) in subparagraph (B), by inserting “section 1303(a)(1) or” before “the regulation”; and (2) in subsection (d)— (A) by inserting “section 1303(a)(1) or” before “any regulation”; and (B) by inserting “section 1303(a)(1) or” before “that regulation”. (e) Administration and applicability of Act.—Section 1306 of the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6505) is amended— (1) in subsection (d)— (A) by striking “a rule of the Commission under section 1303” and inserting “section 1303(a)(1) or a regulation promulgated under section 1303(b)”; and (B) by striking “such rule” and inserting “such section or such regulation”; and (2) by adding at the end the following new subsection: “(f) Additional requirement.—Any regulation promulgated under this title shall include a description and analysis of the impact of proposed and final rules on small entities per the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.).”. (f) Oversight report.—Not later than 3 years after the date of the enactment of this Act, the Federal Trade Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report detailing the processes of high-impact social media companies to ensure that, for such companies that are websites, online services, online applications, or mobile applications directed to children, such websites, services, or applications operate in accordance with this Act, including the amendments made by this Act and the regulations promulgated under this Act. (g) Enforcement report.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Federal Trade Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that details the following: (1) The number of actions brought by the Commission during the reporting year to enforce the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501) (referred to in this subsection as the “Act”) and the outcome of each such action. (2) The number of investigations or inquiries into potential violations of the Act during the reporting year. (3) The number of open investigations or inquiries into potential violations of the Act as of the date on which the report is submitted. (4) The number and nature of complaints received by the Commission relating to an allegation of a violation of the Act during the reporting year. Sec. 709. Prohibition on surrogacy arrangements involving sex offenders. (a) In general.—Chapter 109B of title 18, United States Code, is amended by adding at the end the following: “Sec. 2250A. Surrogacy arrangements involving sex offenders “(a) A person who is a sex offender and, while required to register under the Sex Offender Registration and Notification Act, uses an instrumentality of interstate or foreign commerce to enter into a surrogacy arrangement, with respect to a child carried in pregnancy by another person in consequence of carrying out the arrangement, with the intent to exercise the parental rights with respect to the child, shall be fined under this title or imprisoned not more than 18 years, or both. “(b) A person who uses an instrumentality of interstate or foreign commerce to enter into a surrogacy arrangement, with respect to a child carried in pregnancy by another person in consequence of carrying out the arrangement, with the intent to exercise the parental rights with respect to the child, and commits a sex offense, any part or element of which is committed in the period that begins with the use of the instrumentality and ends with the birth of the child, shall be fined under this title or imprisoned not more than 18 years, or both. “(c) In this section: “(1) The terms ‘sex offender’ and ‘sex offense’ have the meanings given the terms in section 111 of the Sex Offender Registration and Notification Act (34 U.S.C. 20911). “(2) The term ‘surrogacy arrangement’ means any arrangement in which a person agrees to carry a child in pregnancy, which is not initiated at the time that the arrangement is made, with the expectation that— “(A) the person shall not exercise any parental rights with respect to the child; and “(B) another person who agrees to the arrangement shall exercise the parental rights with respect to the child.”. (b) Conforming amendment.—The table of sections for such chapter is amended by adding at the end the following: “2250A. Surrogacy arrangements involving sex offenders.”. Sec. 710. Mandatory paternity testing. (a) In general.—Section 1867 of the Social Security Act is amended by inserting the following new subsection at the end: “(j) No birth certificates shall be issued to children born to couples for whom paternity testing has not been conducted, unless no father is listed on such birth certificate. If the parents are not biological parents of the child, then they must not be marked as biological parents, but instead as responsible guardians, and the biological genetic donors involved with the conception of such child must be exempt from child support obligations.”. (b) Limitation of child support definition.—Section 228(d)(1)(A) of Title 18 of the United States Code is amended by inserting “, provided that such child is proven to be the biological child of such person via genetic testing or has legally adopted such child or voluntarily assumed the role of a responsible guardian of such child and such person is not a biological genetic donor” after “is living”. (c) Limitation of child support amount.—Section 228(d)(1)(B) of Title 18 of the United States Code is amended by inserting “, provided that such amount that has remained unpaid is an amount accruing at not greater than $700 per month” after “5,000”. (d) Effective date.—The amendments made by this section shall be effective after December 31, 2026. TITLE VIII—Tariff Act of 2026 Sec. 801. Postal Cost Equalization Tariff. (a) In general.—The following new section 506 is inserted at the end of chapter 5 of Part I of Title 39 of the United States Code: “Sec. 506. Postal Cost Equalization Tariff.—The Postal Regulatory Commission must investigate the costs of postal importation of packages and establish tariffs upon such imports which must go into effect on or before January 1, 2027, and the unused revenue gained from such tariffs must be used to refund couriers for the costs of transporting such postage.” (b) Effective date.—This section is effective immediately upon its enactment. Sec. 802. Ending tariff loopholes. (a) Clarification of country of origin criteria for enforcement action under trade agreements or in response to certain foreign trade practices.—Section 301(d) of the Trade Act of 1974 (19 U.S.C. 2411(d)) is amended by adding at the end the following: “(10) (A) Any action taken by the Trade Representative under this section, with respect to a foreign adversary country, shall apply to any article that is produced, manufactured, or that underwent final assembly by a foreign adversary party or an entity owned, controlled, directed, or operated by a foreign adversary party, as if such article originated in the foreign adversary country. “(B) In this paragraph: “(i) The term ‘control’ has the meaning given that term in section 800.208 of title 31, Code of Federal Regulations (as in effect on the date of the enactment of the Stopping Adversarial Tariff Evasion Act). “(ii) The term ‘entity owned, controlled, directed, or operated by a foreign adversary party’ includes any entity for which, on any date during the most recent 12-month period, not less than 25 percent of the equity interests in such entity are held directly or indirectly by 1 or more foreign adversary parties including through— “(I) interests in co-investment vehicles, joint ventures, or similar arrangements; or “(II) a derivative financial instrument or contractual arrangement between the entity and a foreign adversary party, including any such instrument or contract that seeks to replicate any financial return with respect to such entity or interest in such entity. “(iii) The term ‘foreign adversary country’ means any of the following: “(I) The People’s Republic of China. “(II) The Syrian Arab Republic. “(III) The Islamic Republic of Iran. “(IV) The Democratic People’s Republic of Korea. “(V) The Republic of Cuba. “(iv) The term ‘foreign adversary party’ means any of the following: “(I) The government of a foreign adversary country, including any agency, government instrumentality, official, or agent of such a government. “(II) Any entity organized under the laws of a foreign adversary country (or any political subdivision thereof). “(III) Any entity the headquarters of which is located within a foreign adversary country. “(IV) Any entity substantively involved in the industrial policies or military-civil fusion strategy of the People’s Republic of China, including by accepting funding from, performing a service for, or receiving a subsidy from the People’s Republic of China related to such policies or strategy.”. (b) Clarification of country of origin criteria for enforcement action by President after determination of import injury.—Section 203 of the Trade Act of 1974 (19 U.S.C. 2253) is amended by adding at the end the following: “(h) Application of action to foreign adversary parties.— “(1) Any action taken under this section shall apply to any article that is produced, manufactured, or that underwent final assembly by a foreign adversary party or an entity owned, controlled, directed, or operated by a foreign adversary party, as if such article originated in a foreign adversary country. “(2) In this subsection: “(A) The term ‘control’ has the meaning given that term in section 800.208 of title 31, Code of Federal Regulations (as in effect on the date of the enactment of the Stopping Adversarial Tariff Evasion Act). “(B) The term ‘entity owned, controlled, directed, or operated by a foreign adversary party’ includes any entity for which, on any date during the most recent 12-month period, not less than 25 percent of the equity interests in such entity are held directly or indirectly by 1 or more foreign adversary parties including through— “(i) interests in co-investment vehicles, joint ventures, or similar arrangements; or “(ii) a derivative financial instrument or contractual arrangement between the entity and a foreign adversary party, including any such instrument or contract that seeks to replicate any financial return with respect to such entity or interest in such entity. “(C) The term ‘foreign adversary country’ means any of the following: “(i) The People’s Republic of China. “(ii) The Syrian Arab Republic. “(iii) The Islamic Republic of Iran. “(iv) The Democratic People’s Republic of Korea. “(v) The Republic of Cuba. “(D) The term ‘foreign adversary party’ means any of the following: “(i) The government of a foreign adversary country, including any agency, government instrumentality, official, or agent of such a government. “(ii) Any entity organized under the laws of a foreign adversary country (or any political subdivision thereof). “(iii) Any entity the headquarters of which is located within a foreign adversary country. “(iv) Any entity substantively involved in the industrial policies or military-civil fusion strategy of the People’s Republic of China, including by accepting funding from, performing a service for, or receiving a subsidy from the People’s Republic of China related to such policies or strategy.”. (c) Clarification of country of origin criteria for enforcement action to safeguard national security.—Section 232(c) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(c)) is amended by adding at the end the following: “(4) (A) Any action taken by the President under paragraph (1) shall apply to any article that is produced, manufactured, or that underwent final assembly by a foreign adversary party or an entity owned, controlled, directed, or operated by a foreign adversary party, as if such article originated in a foreign adversary country. “(B) For the purposes of this paragraph the following definitions apply: “(i) The term ‘control’ has the meaning given that term in section 800.208 of title 31, Code of Federal Regulations (as in effect on the date of the enactment of the Stopping Adversarial Tariff Evasion Act). “(ii) The term ‘entity owned, controlled, directed, or operated by a foreign adversary party’ includes any entity for which, on any date during the most recent 12-month period, not less than 25 percent of the equity interests in such entity are held directly or indirectly by 1 or more foreign adversary parties including through— “(I) interests in co-investment vehicles, joint ventures, or similar arrangements; or “(II) a derivative financial instrument or contractual arrangement between the entity and a foreign adversary party, including any such instrument or contract that seeks to replicate any financial return with respect to such entity or interest in such entity. “(iii) The term ‘foreign adversary country’ means any of the following: “(I) The People’s Republic of China. “(II) The Syrian Arab Republic. “(III) The Islamic Republic of Iran. “(IV) The Democratic People’s Republic of Korea. “(V) The Republic of Cuba. “(iv) The term ‘foreign adversary party’ means any of the following: “(I) The government of a foreign adversary country, including any agency, government instrumentality, official, or agent of such a government. “(II) Any entity organized under the laws of a foreign adversary country (or any political subdivision thereof). “(III) Any entity the headquarters of which is located within a foreign adversary country. “(IV) Any entity substantively involved in the industrial policies or military-civil fusion strategy of the People’s Republic of China, including by accepting funding from, performing a service for, or receiving a subsidy from the People’s Republic of China related to such policies or strategy.”. TITLE IX-Internal Revenue Act of 2026 Sec. 901. Tax on employers with employees receiving certain Federal benefits. (a) In general.—The Internal Revenue Code of 1986 is amended by inserting after chapter 36 the following new chapter: “CHAPTER 37—EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL BENEFITS “Sec. 4501. Employers with employees receiving certain Federal benefits. “(a) Imposition of Corporate Welfare Tax.—There is hereby imposed on each large employer a tax equal to 100 percent of the qualified employee benefits with respect to such employer for the taxable year. “(b) Large employer.— “(1) IN GENERAL.—For purposes of this section, the term ‘large employer’ means, with respect to a calendar year, an employer who employed an average of at least 100 employees on business days during the preceding calendar year. “(2) RULES FOR DETERMINING EMPLOYER SIZE.—For purposes of this subsection: “(A) APPLICATION OF AGGREGATION RULE FOR EMPLOYERS.—All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 employer. “(B) EMPLOYERS NOT IN EXISTENCE IN PRECEDING YEAR.—In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a large employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. “(C) PREDECESSORS.—Any reference in this subsection to an employer shall include a reference to any predecessor of such employer. “(c) Qualified employee benefits.—For purposes of this section: “(1) IN GENERAL.—The term ‘qualified employee benefits’ means, with respect to a person for a taxable year, the sum of the qualified Federal benefits received by individuals who are employees of such person for such taxable year. “(2) QUALIFIED FEDERAL BENEFITS.—The term ‘qualified Federal benefits’ means, with respect to an individual, the following: “(A) The dollar value of supplemental nutrition assistance for which the household (as defined in section 3(m) of the Food and Nutrition Act of 2008) that includes such individual is eligible. “(B) The dollar value of meals that such individual or dependents of such individual are eligible for under the school lunch program under the Richard B. Russell National School Lunch Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966. “(C) The aggregate amount of the monthly assistance payments for rental of a dwelling unit that the household of such individual is a member of is eligible to have made on its behalf pursuant to section 8 of the United States Housing Act of 1937. “(D) The amount of payments made under section 1903 of the Social Security Act with respect to expenditures made by a State under a State Medicaid plan under title XIX of such Act (or a waiver of such plan) for medical assistance for such individual or for dependents of such individual. “(d) Employee.—For purposes of this section, the term ‘employee’ means— “(1) any full-time or part-time employee, “(2) any individual who is a full-time or part-time independent contractor (including any employee of such independent contractor) and provides services to the employer, unless— “(A) the individual is— “(i) free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact, “(ii) the service is performed outside the usual course of the business of the employer, and “(iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed, or “(B) the individual works for less than thirty-five hours per month, or “(C) the individual is hired to work as a background actor, and “(3) any individual who is a full-time or part-time joint employee, provided that the employer possess, reserves, or exercises sufficient direct or indirect control over the essential terms and conditions of employment of such employee. “(e) Regulations.—The Secretary, in consultation with the Secretary of Agriculture, the Secretary of Housing and Urban Development, and the Administrator of the Centers for Medicare and Medicaid Services, shall prescribe such regulations as may be necessary or appropriate to carry out this chapter.”. (b) Clerical amendments.—The table of chapters for subtitle D of such Code is amended by inserting after the item relating to chapter 36 the following new item: “CHAPTER 37—EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL BENEFITS”. (c) Effective date.—The amendments made by this Act apply with respect to taxable years beginning after December 31, 2026. Sec. 902. Unlawful employment practices related to Federal benefits of applicants. (a) In general.—It shall be an unlawful employment practice for any large employer (as defined in section 4501(b) of the Internal Revenue Code of 1986) to make inquiries of an applicant for employment, or otherwise seek information about such an applicant (including through the use of any form or application), relating to whether such applicant receives Federal benefits. (b) Enforcement.—A violation of subsection (a) shall be treated as, and enforced by the Secretary of Labor in the same manner as, a violation of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), except that for purposes of section 15(b) of such Act (29 U.S.C. 215(b)), the employer shall be liable to the individual alleging the violation for any lost wages due the individual and an additional equal amount of liquidated damages. Sec. 903. Extension of OBBBA tax reform. (a) Senior deduction.—Section 151(d)(5)(C)(i) of the Internal Revenue Code of 1986 is amended by striking “, and before January 1, 2029”. (b) Overtime deduction.—Section 224(h) of the Internal Revenue Code of 1986 is struck. (c) Tip deduction.—Section 223(h) of the Internal Revenue Code of 1986 is struck. (d) TRUMP accounts.—Section 6434(c)(1) of the Internal Revenue Code of 1986 is amended by striking “, and before January 1, 2029”. (e) Car interest.—Section 163(h)(4)(A) of the Internal Revenue Code of 1986 is amended by striking “, and before January 1, 2029”. (f) Clerical correction.—Section 163(h)(4) of the Internal Revenue Code of 1986 is amended by striking “through 2028” and inserting “onward”. (e) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2028. Sec. 904. Denial of green energy tax benefits to companies connected to countries of concern. (a) In general.—Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: “Sec. 7531. Denial of green energy tax benefits to companies connected to countries of concern. “(a) In general.—In the case of any disqualified company, this title shall be applied without regard to sections 30C, 40, 40A, 40B, 45, 45Q, 45U, 45V, 45W, 45X, 45Y, 45Z, 48, 48C, 48E, 179D, 6426(c), 6426(d), 6426(e), and 6427(e). “(b) Disqualified company.—For purposes of this section— “(1) IN GENERAL.—The term ‘disqualified company’ means— “(A) any entity— “(i) controlled by the government of 1 or more countries of concern, or “(ii) organized under the laws of a country of concern, “(B) any entity controlled by an entity described in subparagraph (A), or “(C) any entity owned by an entity described in subparagraph (A), including any entity for which, on any date during the most recent 12-month period, not less than 25 percent of the equity interests in such entity are held directly or indirectly by 1 or more entities described in subparagraph (A), including through— “(i) interests in co-investment vehicles, joint ventures, or similar arrangements, or “(ii) any derivative financial instrument or contractual arrangement between the entity and an entity described in subparagraph (A), including any such instrument or contract that seeks to replicate any financial return with respect to such entity or interest in such entity. “(2) COUNTRY OF CONCERN.—The term ‘country of concern’ means— “(A) the People’s Republic of China, “(B) the Syrian Arab Republic, “(C) the Islamic Republic of Iran, “(D) the Democratic People’s Republic of Korea, or “(E) the Republic of Cuba. “(3) CONTROL.—The term ‘control’ has the meaning given such term under section 954(d)(3), determined by treating the rules of section 958(a)(2) as applying to both foreign and domestic corporations, partnerships, trusts, and estates.”. (b) Clerical amendment.—The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: “Sec. 7531. Denial of green energy tax benefits to companies connected to countries of concern.”. (c) Effective date.—The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. Sec. 905. Border wall trust fund. (a) Border wall trust fund.—At the end of subchapter III of chapter 33 of Title 31, United States Code, insert the following: “Sec. 3344. Border wall trust fund. “(a) Authority To receive gifts.—Notwithstanding section 3113, the Secretary of the Treasury may accept for the Government a gift of money on the condition that it be used to plan, design, construct, or maintain a barrier along the international border between the United States and Mexico. “(b) Trust fund.—Not later than 60 days after the date of enactment of this section, the Secretary of the Treasury shall— “(1) establish an account, to be known as the ‘Border Wall Trust Fund’, into which money received as gifts under this section shall be deposited; and “(2) create a publicly accessible website to receive such gifts.”. (b) Clerical amendment.—The table of contents for chapter 33 of title 31, United States Code, is amended by inserting at the end the following: “3344. Border wall trust fund.”. Sec. 906. Vape tax. (a) In general.—At the end of section 5701 of Title 26, United States Code, insert the following: “(i) Other nicotine products.—On any nicotine product not taxed under subsections (a), (b), (c), (d), (e), (f), or (g) of this section, there shall be imposed a tax of $1 per unit”. (b) Effective date.—This section shall apply to taxable years beginning after December 31, 2026. Sec. 907. Tobacco importation. (a) In general.—Pargraph (3) of subsection (a) of section 5731 of Title 26 of the United States Code is amended as follows: “(3) any person who imports or otherwise brings tobacco products or cigarette papers or tubes, or any processed tobacco, into the United States from a foreign country.”. (b) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2026. Sec. 908. Wager tax. (a) In general.—Paragraph (1) of subsection (a) of section 4401 of Title 26 of the United State Code is amended as follows: “(1) State authorized wagers.—There is imposed on any wager authorized under the law of the State in which accepted an excise tax equal to 2.5 percent of the amount of such wager.”. (b) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2026. Sec. 909. Excise tax on sexual services. (a) A new chapter 56 is established at the end of subtitle E of Title 26, U.S.C. titled "Sexual excise tax". (b) At the beginning of chapter 56, subtitle E, Title 26, U.S.C., insert the following: "Sec. 5901. Sexual excise tax" “(a) Imposition of tax. “(1) Pornography.—There is imposed on any legal transaction involving any depiction of sexually explicit conduct, including any subscription to a website where customers spend money in exchange for regular sexual content or where the majority of content creators produce sexual content, authorized under the law of the State in which accepted an excise tax equal to 25 percent of the amount of such transaction. “(2) Prostitution.—There is imposed on any legal transaction involving sexually explicit conduct an excise tax equal to 12 percent of the amount of such transaction. “(3) Illegal pornography and prostitution.—There is imposed on any illegal transaction involving sexually explicit conduct or any depiction thereof a tax of 80 percent. “(4) Advertisements on pornographic content.—There is imposed a tax on any transaction for an advertisement displayed in any media which contains any depiction of sexually explicit conduct (as defined by section 2256(2)(A) of Title 18) equal to 30 percent of such transaction. “(5) Advertisements of other taxable products.—There is imposed a tax on any transaction purchasing advertisements for pornography, advertisements on pornographic content, masturbatory aide, or prostitution (as otherwise taxed by this section) equal to 19 percent of the amount of such transaction. “(6) Masturbatory aides.—There is imposed a tax on any transaction involving any product intended to facilitate masturbation equal to 28 percent of the amount of such transaction. “(7) Advertisements of other taxable products.—There is imposed a tax on any transaction purchasing advertisements containing anything otherwise taxed by this section (including depictions of anything taxed by this section) equal to 19 percent of the amount of such transaction. “(b) Amount of transaction.—In determining the amount of any transaction for the purposes of this chapter, all charges incident to the placing of such transaction shall be included; except that if the taxpayer establishes, in accordance with regulations prescribed by the Secretary, that an amount equal to the tax imposed by this chapter has been collected as a separate charge from the person liable for tax, the amount already collected shall be excluded. “(c) Persons liable for tax.—Each person who is engaged in the business of selling or distributing sexually explicit conduct or depictions thereof, selling advertisements displayed in any media which contains depictions of sexually explicit conduct, selling or distributing masturbatory aides, or purchasing advertisements for sexually explicit conduct or depictions thereof or masturbatory aides shall be liable for any applicable tax established under this section. “(d) Foreign pornography and foreign prostitutes.—In cases in which the origin or person liable for tax are outside of the United States, the rate of excise is doubled. “(e) Definitions.— “(1) The phrase “sexually explicit conduct” is defined as under section 2256(2)(A) of Title 18, U.S.C. “(2) The word “illegal” refers to anything prohibited by state, tribal, territorial, or local law.”. Sec. 910. Elimination of old credits. (a) Any refundable credit owed by the United States Government prior to the fiscal year of 2025 on any tax is void, and shall no longer be refundable after January 1, 2027 if not already refunded. (b) This section shall not be interpreted as amending or repealing any tax currently in effect. Sec. 911. Telephone excise tax. (a) In general.—Section 4251(b)(1) of the Internal Revenue Code of 1986 is amended as follows: “(1) Communications services.—The term “communications services” means any service providing access to a telephone system for a cost exceeding $200 per month.” (b) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2026. Sec. 912. Advertisement tax. (a) In general.—A new section XXXX is established after section WWWW in chapter 56 of Subtitle E of Title 26 as follows: “(a) Imposition of tax.—There is imposed a tax on any advertisement containing material that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or disgusting.” (b) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2026. Sec. 913. Donation to pay down national debt. (a) In general.—Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: “PART IX—Donations to pay down national debt “Sec. 6097. Donation to pay down national debt. “(a) General rule.—Every taxpayer who makes a return of the tax imposed by subtitle A for any taxable year may donate an amount (not less than $10), in addition to any payment of tax for such taxable year, which shall be deposited in the general fund of the Treasury. “(b) Manner and time of designation.—Any donation under subsection (a) for any taxable year— “(1) shall be made at the time of filing the return of the tax imposed by subtitle A for such taxable year and in such manner as the Secretary may by regulation prescribe, except that— “(A) the designation for such donation shall be either on the first page of the return or on the page bearing the taxpayer’s signature, and “(B) the designation shall be by a box added to the return, and the text beside the box shall provide: “'By checking here, I signify that in addition to my tax liability, I would like to donate the included payment to be used exclusively for the purpose of paying down the national debt.' “and “(2) shall be accompanied by a payment of the amount so designated. “(c) Treatment of amounts donated.—For purposes of this title, the amount donated by any taxpayer under subsection (a) shall be treated as a contribution made by such taxpayer to the United States on the last date prescribed for filing the return of tax imposed by subtitle A (determined without regard to extensions) or, if later, the date the return is filed. “(d) Transfers to account To reduce public debt.—The Secretary shall, from time to time, transfer to the special account established by section 3113(d) of title 31, United States Code, amounts equal to the amounts donated under this section. “(e) Public disclosures.—The Secretary shall establish rules to provide for public notice for the purpose of promoting donations through this section and shall issue public reminders regarding persons who, having made their tax returns public and advocated for increased taxation, have declined to make any donation toward the repayment of the national debt, and more broadly for the purpose of promoting the practice of donation to reduce the national debt.”. (b) Clerical amendment.—The table of parts for subchapter A of such chapter is amended by adding at the end the following new item: “PART IX. DONATIONS TO PAY DOWN NATIONAL DEBT.”. (c) Effective date.—The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2026. Sec. 914. Tax reforms for improved social conditions. (a) Incentives for marriage.—Subchapter A of Chapter I of Subtitle A of the Internal Revenue Code of 1986 is amended by inserting a new Part V after Part IV as follows— “PART V—Special family-related taxes. “54B. Unmarried taxpayers above the age of 30.” “(a) Unmarried taxpayers above the age of 30.—There is hereby imposed on each unmarried taxpayer who has attained the age of 30 a tax in the amount of 5% of taxable income. Such tax shall be in addition to any other tax imposed by any law including this Code.”. “(b) Divorce doubling.—The tax established by subsection (a) shall be doubled in the case of a person who is unmarried as a result of divorce or separation.”. “(c) Surviving spouse exemption.—The tax established by subsection (a) shall be zero in the case of a person who is unmarried as a result of death of decedent spouse, unless the death of such spouse was caused by the surviving spouse.”. “(d) Religious exemption.—The tax established by subsection (a) shall be zero in the case of a person who is unmarried as a result of pursuit of a religious vocation, including obedience to a lifelong vow of celibacy.”. “54C. Childless taxpayers above the age of 30.” “(a) Childless taxpayers above the age of 30.—There is hereby imposed on each taxpayer who has no qualifying child attained the age of 30 a tax in the amount of 5% of taxable income. Such tax shall be in addition to any other tax imposed by any law including this Code.”. “(b) Dependentless doubling.—The tax established by subsection (a) shall be doubled in the case of a person who lacks dependents.”. “(c) Surviving spouse exemption.—The tax established by subsection (a) shall be zero in the case of a person who has no qualifying child due to the child surpassing the maximum eligible age or marrying.”. “(d) Religious exemption.—The tax established by subsection (a) shall be zero in the case of a person who has no qualifying child as a result of pursuit of a religious vocation, including obedience to a lifelong vow of celibacy.”. (c) Keeping families together.—Section 1041 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a) as follows— “(c) General rule.—No gain or loss shall be recognized on a transfer of property from an individual to (or in trust for the benefit of) a spouse, provided that the transfer is not incident to a divorce. In any case in which tax is imposed upon a transfer of property that is incident to a divorce, the transferee will pay any tax incurred.” (2) in subsection (c)— (A) in paragraph (1) by striking “or”, (B) in paragraph (2) by striking the period and inserting “, or” at the end, (C) and by inserting at the end a new paragraph (3) as follows— “(3) is part of a court-rewarded, arbitration-rewarded, or otherwise divorce-related transfer or structured settlement.” (3) placeholder do not analyze (d) Making Marriage Great Again.—placeholder do not analyze (e) Restoration of Marriage in America.—Section 7703 of the Internal Revenue Code of 1986 is amended by inserting at the end a new subsection (c) as follows— “(c) Restriction of marriage to protect against marriage fraud and reduce budget deficit.—No individual shall be treated as married if the person is engaged in any non-monogamous relationship, is married to an individual of the same biological sex, is married to a relative (including a first cousin, second cousin, third cousin, descendant, ancestor, brother, sister, uncle, aunt, nephew, niece, or any qualifying relative as defined by section 152), is married to a person who is not a citizen of the United States, or is married to an individual who has not achieved the age of sixteen years postbirth. Any person who is divorced will continue to be treated as married filing separately until such a time that a divorcee can once again file jointly with a spouse.” (f) Definition of Marriage in America.—placeholder do not analyze Sec. 915. Definition of head of household. (a) Section 2 of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (b)(1)(A) as “maintains as his home a household which constitutes for more than one-half of such taxable year the principal place of abode, as a member of such household, any non-child person who is a dependent of the taxpayer, if the taxpayer is entitled to a deduction for the taxable year for such person under section 151, or”, (2) by striking subparagraph (b)(2)(A), (3) by inserting “, provided that no decree of divorce or separation occurred during such taxable year” after the second instance of the phrase “taxable year”. (b) Section 152(a) of such Code is amended by inserting “a person who is both a United States citizen and either” after “means”. (c) Section 152(b)(3) of such Code is amended as follows: “(3) Citizenship requirement of deduction.—The term “dependent” does not include an individual who is not a citizen or national of the United States or an individual who is claimed by a taxpayer who is not a United States citizen.”. (d) Section 152(c)(1) of such Code is amended by inserting “who is a United States citizen” after “individual”. (e) Section 152(d)(1) of such Code is amended by inserting “who is a United States citizen” after “individual”. (f) Section 152(f)(1)(A) of such Code is amended by inserting “born or conceived during the taxpayer's marriage to the biological coparent of such child which did not end by means of divorce (except that, in such a case that the taxpayer remarries to the biological coparent of such child by January 2, 2028, the divorce will be regarded as never having occurred for taxable years subsequent to the year in which such remarriage occurred)” after “taxpayer”. Sec. 916. Gross income calculation and equitable tax rules. (a) In general.—Section 61(a) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (13), by striking “and”, (2) in paragraph (14), by striking the period and inserting “; and” (3) by inserting paragraph (15) as follows: “(15) any public benefit or the fair market value thereof, including federal public benefits as well as public benefits provided by State, Tribal, Territorial, Foreign, and other governments, as well as any benefits gained via divorce.” (b) Effective date.—This section shall be effective Sec. 917. Adjustment of base erosion amounts. (a) In general.—Section 59A(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking “10.5 percent (5 percent in the case of taxable years beginning in calendar year 2026)” and inserting “50 percent”. (b) Effective date.—This section shall be treated as retroactive to the taxable years 2026 through 2026. Sec. 918. Foreign labor tax fairness. (a) In general.—Section 3121(b) of the Internal Revenue Code of 1986 is amended by striking paragraphs (1), (18), and (19). (b) Restoration of Subversive Activities Defunding.—Section 210(a) of the Social Security Act is amended by inserting a new paragraph after (16) as follows: “(17) service in the employ of any organization which is performed (A) in any year during any part of which such organization is registered, or there is in effect a final order of the Subversive Activities Control Board requiring such organization to register, under the Internal Security Act of 1950, as amended, as a Communist-action organization, a Communist-front organization, or a Communist-infiltrated organization, and (B) after June 30, 1956;” Sec. 919. Incentives to divest disqualified PRC securities. (a) Treatment as ordinary gain.—Part IV of subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: “Sec. 1261. Gain from disposition of disqualified PRC securities. “(a) In general.—Any gain on the disposition of any disqualified PRC security shall be treated as ordinary income and shall be recognized notwithstanding any other provision of this subtitle. “(b) Definitions.—For purposes of this section— “(1) DISQUALIFIED PRC SECURITY.—The term ‘disqualified PRC security’ means any specified interest held directly or indirectly with respect to any of the following: “(A) The Government of the People’s Republic of China or any other governmental entity based in the People’s Republic of China. “(B) The Chinese Communist Party or any subdivision or affiliate thereof. “(C) A person who is a citizen, national, or resident of the People’s Republic of China, provided that such person is not an individual who is— “(i) a citizen or lawful permanent resident of the United States, or “(ii) domiciled in Taiwan possessing a valid identification card or number issued by the government of Taiwan. “(D) A person (including a legal entity) headquartered, organized under the laws of, or having its principal place of business in the People’s Republic of China. “(E) A person at least 15 percent of the outstanding voting interest of which is held directly or indirectly by an entity described in subparagraphs (A)–(D). “(F) A person at least 25 percent of the outstanding voting interest of which is held directly or indirectly by any combination of persons described in subparagraphs (A)–(E). “(2) SPECIFIED INTEREST.—The term ‘specified interest’— “(A) means, with respect to a person— “(i) stock or any other equity or profits interest of such person, “(ii) debt issued by such person, and “(iii) any contract or derivative with respect to an interest described in clause (i) or (ii), and “(B) includes any interest held, directly or indirectly, through— “(i) a regulated investment company, exchange traded fund, or other pooled investment, or “(ii) any derivative financial instrument or other contractual arrangement with respect to such interest (including any financial instrument or other contract which seeks to replicate any financial return with respect to such interest). “(3) PEOPLE’S REPUBLIC OF CHINA.—The term ‘People’s Republic of China’ includes Special Administrative Regions, including Hong Kong and Macau, but does not include Taiwan.”. (b) Net PRC securities gain subject to highest rate of income tax.— (1) INDIVIDUALS.—Section 1 of such Code is amended by adding at the end the following subsection: “(k) Net PRC securities gain subject to highest rate of income tax.— “(1) IN GENERAL.—The tax imposed under subsections (a), (b), (c), (d), and (e) shall be increased by the product of— “(A) the highest rate of tax in effect under such subsection, multiplied by “(B) the net PRC securities gain of the taxpayer for the taxable year. “(2) PREVENTION OF DOUBLE TAXATION.—For purposes of subsections (a), (b), (c), (d) and (e), taxable income (determined without regard to this paragraph) shall be reduced by the net PRC securities gain of the taxpayer for the taxable year. “(3) NET PRC SECURITIES GAIN.—For purposes of this subsection, the term ‘net PRC securities gain’ means the excess (if any) of— “(A) the taxpayer’s aggregate gains on the dispositions of disqualified PRC securities for the taxable year, over “(B) the taxpayer’s aggregate losses on the dispositions of disqualified PRC securities for such taxable year.”. (2) CORPORATIONS.—Section 11(b) of such Code is amended to read as follows: “(b) Amount of tax.—The amount of the tax imposed by subsection (a) shall be the sum of— “(1) 21 percent of the excess (if any) of— “(A) taxable income, over “(B) net PRC securities gain, plus “(2) the product of— “(A) the highest rate of tax in effect under section 1, multiplied by “(B) the lesser of taxable income or net PRC securities gain (as defined in section 1(k)(3)).”. (c) Clerical amendment.—The table of sections for part IV of subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: “Sec. 1261. Gains from disposition of disqualified PRC securities.”. (d) Effective date.— (1) IN GENERAL.—The amendments made by this section shall apply to dispositions made during taxable years starting 2027. (2) APPLICATION TO FIRST TAXABLE YEAR.—For purposes of determining net PRC securities gain with respect to any taxable year which includes the date which is 6 months after the date of the enactment of this Act, only dispositions of disqualified PRC securities (as defined in section 1261(b)(1) of the Internal Revenue Code of 1986, as amended by this section) after such date shall be taken into account. (e) Election To pay tax liability attributable to dispositions made in anticipation of increased tax in installments.— (1) IN GENERAL.—In the case of any taxpayer which has a net PRC tax liability for any taxable year, such taxpayer may elect to pay such liability in 3 equal installments. (2) DATE FOR PAYMENT OF INSTALLMENTS.— If an election is made under paragraph (1), the first installment shall be paid on the due date (determined without regard to any extension of time for filing the return) for the return of tax for the taxable year referred to in paragraph (1) and each succeeding installment shall be paid on the due date (as so determined) for the return of tax for the taxable year following the taxable year with respect to which the preceding installment was made. (3) ACCELERATION OF PAYMENT.—If there is an addition to tax for failure to timely pay any installment required under this subsection, a liquidation or sale of substantially all the assets of the taxpayer (including in a title 11 or similar case), a cessation of business by the taxpayer, or any similar circumstance, then the unpaid portion of all remaining installments shall be due on the date of such event (or in the case of a title 11 or similar case, the day before the petition is filed). The preceding sentence shall not apply to the sale of substantially all the assets of a taxpayer to a buyer if such buyer enters into an agreement with the Secretary of the Treasury (or the Secretary's delegate) under which such buyer is liable for the remaining installments due under this subsection in the same manner as if such buyer were the taxpayer. (4) PRORATION OF DEFICIENCY TO INSTALLMENTS.—If an election is made under paragraph (1) to pay the net PRC tax liability in installments and a deficiency has been assessed with respect to such liability, the deficiency shall be prorated to the installments payable under paragraph (1). The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as a part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary of the Treasury (or the Secretary's delegate). This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax. (5) ELECTION.—Any election under paragraph (1) shall be made not later than the due date for the return of tax for the taxable year referred to in paragraph (1) and shall be made in such manner as the Secretary of the Treasury (or the Secretary's delegate) shall provide. (6) NET PRC TAX LIABILITY.—For purposes of this subsection— (A) IN GENERAL.—The term “net PRC tax liability” means, with respect to any taxpayer for any taxable year, the excess (if any) of— (i) such taxpayer’s net income tax for such taxable year, over (ii) such taxpayer’s net income tax for such taxable year determined without regard to any gains or losses from the disposition of disqualified PRC securities (as defined in section 1261(b)(1) of the Internal Revenue Code of 1986, as added by this section) during the 6-month period beginning on the date of the enactment of this Act. (B) NET INCOME TAX.—The term “net income tax” means the regular tax liability reduced by the credits allowed under subparts A, B, and D of part IV of subchapter A. (7) INSTALLMENTS TREATED AS TAX.—For purposes of subtitle F of the Internal Revenue Code of 1986, any installment due under this subsection shall be treated in the same manner as tax except as otherwise provided in this subsection. (f) Denial of foreign tax credit for income attributable to disposition of disqualified PRC securities.—Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: “(n) Denial of foreign tax credit with respect to income attributable to disposition of disqualified PRC securities.—No credit shall be allowed under subsection (a) with respect to any foreign income tax on income attributable to gain from the disposition of a disqualified PRC security (as defined in section 1261(b)(1)).”. TITLE X-Criminal Justice Reform and Judiciary Simplification Act of 2026 Sec. 1001. Vandalism and graffiti against mass transportation systems; assaults committed on mass transportation systems. (a) In general.—Chapter 97 of title 18, United States Code, is amended by inserting after section 1992 the following: “Sec. 1993. Vandalism and graffiti against mass transportation systems “(a) Offenses.—Whoever, in a circumstance described in subsection (c), knowingly— “(1) defaces, damages, destroys, or disfigures any mass transportation vehicle, facility, or property (as such terms are defined in section 1992(d)) by means of graffiti, tagging, or other form of inscription or defacement; or “(2) possesses tools, materials, or equipment that may be used to commit an act described in paragraph (1) with the intent to use such items to commit an act described in paragraph (1), “shall be punished as provided in subsection (b). “(b) Penalties.— “(1) IN GENERAL.—Whoever commits an offense under subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. “(2) AGGRAVATED OFFENSES.—Whoever commits an offense under subsection (a)— “(A) that results in damage or loss exceeding $1,000; or “(B) having been previously convicted under this section or under a comparable State law that prohibits vandalism or graffiti, shall be fined under this title, imprisoned for not more than 10 years, or both. “(c) Jurisdictional circumstances.—The circumstances referred to in subsection (a) are that— “(1) the offense affects interstate or foreign commerce; “(2) the mass transportation vehicle, facility, or property is used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce; or “(3) the mass transportation vehicle, facility, or property receives Federal funding. “(d) Restitution.—Upon a conviction under this section, the court shall order restitution in an amount equal to the total cost of repair to, cleanup of, or replacement of the mass transportation vehicle, facility, or property, resulting from the offense. “Sec. 1994. Assaults committed on mass transportation systems “(a) Offenses.—Whoever, in a circumstance described in subsection (c) of section 1993, knowingly— “(1) assaults a transit worker (including an operator, conductor, driver, maintenance personnel, or security personnel) while such worker is engaged in the performance of their duties on or in connection with a mass transportation vehicle, facility, or property; or “(2) assaults a passenger on a mass transportation vehicle or at a mass transportation facility or property, “shall be punished as provided in subsection (b). “(b) Penalties.— “(1) SIMPLE ASSAULT.—Except as provided in paragraph (2), whoever commits an offense under subsection (a) shall be fined under this title, imprisoned for not less than 5 years and not more than 20 years, or both. “(2) AGGRAVATED ASSAULT.—Whoever commits an offense under subsection (a)— “(A) that involves the use of a dangerous weapon; “(B) that results in serious bodily injury; or “(C) having been previously convicted under this section, section 111, or comparable State law prohibiting assault, “shall be fined under this title, imprisoned for not less than 15 years and more than 20 years, or both.”. (b) Clerical amendment.—The table of contents for chapter 97 of title 18, United States Code, is amended by inserting after the item relating to section 1992 the following: “1993. Vandalism and graffiti against mass transportation systems”. “1994. Assaults committed on mass transportation systems”. TITLE XI-Foreign Aid Reduction and Sanctions Act of 2026 Sec. 1101. Deadwood repeals. (a) Section 1796 of Title 22 is hereby repealed. (b) Section 1853 of Title 22 is hereby repealed. Sec. 1102. Discontinuation of aid to certain undemocratic governments. All appropriations for aid to countries on the continents of Europe, North America, or Oceania which implement policies restricting democracy, including censorship or restriction of the internet, selective measures to finance favored political parties, dissolution of opposition parties by the State, and other methods used to suppress free speech, are hereby rescinded, and no aid may go to such governments, but aid may go to such organizations which support the restoration of democracy in such states. Sec. 1103. Discontinuation of aid to certain governments in violation of UDHR. All appropriations for aid to countries on the continents of Asia, Africa, Europe, or Oceania which do not properly enforce Article 18 of the Universal Declaration of Human Rights, or otherwise, via action or inaction, fail to protect religious liberty for their citizens, are hereby rescinded. Sec. 1104. Relationship with future law. If Congress appropriates further monies for countries whose funding is rescinded via sections 1103 and 1104, then such funding shall be suspended and shall not be disbursed until such a time that such countries shall be compliant with sections 1103 and 1104, unless said countries should discontinue all such practices within the fiscal year or years in or for which such funding was issued. Sec. 1105. Relationship with particular religious systems. Section 1104 of this Title shall not be interpreted as applying to systems of laicite as implemented by countries which allocate spending to religious organizations, except if such funding shall involve the taxation of religious organizations which do not receive spending from the government, unless said money could be available if access to it were not waived. Sec. 1106. Relations with Russia. The Russian Federation shall be removed from lists of foreign adversaries of the United States, and any State or Tribal law which designates Russia as a foreign adversary shall be preempted. Sec. 1107. Removal of designation. 10 U.S.C. 4872(f)(2)(C) is amended as “(C) the Syrian Arab Republic; and”. Sec. 1108. Extension of ineligibility. Any country on the continent of Europe which acts to restrict the freedom of another country to refuse to implement any law or policy against its democratic will shall be regarded as violating section 1103 of this Act, and sanctions on such countries shall be enacted. Sec. 1109. Genocide restitution. All appropriations for aid to countries which, after 1988, implemented any campaign of genocide (as defined by the Convention on the Prevention and Punishment of the Crime of Genocide), via theft of land, educational abuse, discouragement of reproduction, employment discrimination, public advocacy for violence, or any other act which could be interpreted as genocide under the Genocide Convention, are hereby rescinded until such a time that such genocide has been undone in demographic terms, all stolen lands are returned, populations of victim groups have recovered to former levels as of 1988 or a post-1988 peak, and formal ratification of the Genocide Convention has occurred. Sec. 1110. Waivers for certain countries. On account of circumstances, the countries of South Sudan, India, Afghanistan, Iraq, Kuwait, Serbia, Sudan, Bosnia and Herzegovina, Liberia, Bolivia, Venezuela, and Sierra Leone may be issued waivers by the Department of State for certain requirements under this section. Sec. 1111. Exception to help genocide victims. Notwithstanding section 1109, aid to undo actions which caused rescission of spending under such section may be delivered, provided that necessary and proper measures ensure that such aid truly undoes such actions. Sec. 1112. Restriction to combat transnational trafficking. No appropriation shall be interpreted as funding any form of human trafficking, including sex trafficking, or funding any organization which conducts or funds any form of human trafficking, including sex trafficking; furthermore, if it is held that any appropriation for funding does any money to go towards any organization engaged in any form of human trafficking, then notwithstanding any other provision of law such funding is rescinded. Sec. 1113. Prohibition on funding for the Taliban and Afghanistan. (a) There is hereby rescinded all of the unobligated balances from the amounts appropriated or otherwise made available to the covered funds for reconstruction activities in Afghanistan. (b) In this section, the term “covered funds” includes but is not limited to the following amounts appropriated for Afghanistan— (1) the Afghanistan Security Forces Fund (ASFF); (2) the Economic Support Fund (ESF); (3) International Narcotics Control and Law Enforcement (INCLE); (4) the Commanders’ Emergency Response Program (CERP); (5) Drug Interdiction and Counter-Drug Activities (DICDA); (6) Migration and Refugee Assistance (MRA); (7) International Disaster Assistance (IDA); and (8) Non-Proliferation, Antiterrorism, Demining, and Related (NADR). (c) No funds shall be disbursed to the Afghan or Pakistani Taliban organizations, or to any other organization affiliated to the Taliban, and any such amounts already appropriated are hereby rescinded. TITLE XII-SPENDING REDUCTION ACT Sec. 1201. Defunding of sexual education. Section 394 of Title 47 U.S.C. is amended by adding the following new subsection: “(j) No funding for any educational program intended for a child less than thirteen years old shall include any material related to sex (including sexual orientation and gender identity).” Sec. 1202. Defunding of promotion of sexual propaganda, flags, and ideology. No federal funds shall be spent on any promotion of homosexual, bisexual, or transsexual propaganda, flags, or ideology. Sec. 1203. Defunding of insurrection. No federal funds shall be spent on the promotion of any insurrection against the United States or any of its protectorates. Sec. 1204. Defunding of removal of regional and State flags. No federal funds shall be spent on the removal (directly, indirectly, or by coercion against a foreign or non-governmental entity) of any historical flag of the Confederate States of America, of the flags of any current or former flags of the United States or of any State of the United States, or any effort to coerce a State of the United States to modify its flag. Sec. 1205. Cost savings enhancements. (a) In general.— (1) DEFINITIONS.—Section 4511 of title 5, United States Code, is amended— (A) in the section heading, by striking “Definition” and inserting “Definitions”; and (B) in subsection (a)— (i) by striking “this subchapter, the term” and inserting the following: “this subchapter— “(1) the term”; (ii) by striking the period at the end and inserting “; and”; and (iii) by adding at the end the following: “(2) the term ‘surplus salaries and expenses funds’ means amounts made available for the salaries and expenses account, or equivalent account, of an agency— “(A) that are identified by an employee of the agency under section 4512(a) as unnecessary; “(B) that the Inspector General of the agency or other agency employee designated under section 4512(b) determines are not required for the purpose for which the amounts were made available; “(C) that the Chief Financial Officer of the agency determines are not required for the purpose for which the amounts were made available; and “(D) the rescission of which would not be detrimental to the full execution of the purposes for which the amounts were made available.”. (2) AUTHORITY.—Section 4512 of title 5, United States Code, is amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by inserting “or identification of surplus salaries and expenses funds” after “mismanagement”; (ii) in paragraph (2), by inserting “or identification” after “disclosure”; and (iii) in the matter following paragraph (2), by inserting “or identification” after “disclosure”; and (B) by adding at the end the following: “(c) (1) The Inspector General of an agency or other agency employee designated under subsection (b) shall refer to the Chief Financial Officer of the agency any potential surplus salaries and expenses funds identified by an employee that the Inspector General or other agency employee determines meet the requirements under subparagraphs (B) and (D) of section 4511(a)(2), along with any recommendations of the Inspector General or other agency employee. “(2) (A) If the Chief Financial Officer of the agency determines that potential surplus salaries and expenses funds referred under paragraph (1) meet the requirements under section 4511(a)(2), except as provided in subsection (d), the head of the agency shall transfer the amount of the surplus salaries and expenses funds from the applicable appropriations account to the general fund of the Treasury. “(B) Any amounts transferred under subparagraph (A) shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate). “(3) The Inspector General or other agency employee designated under subsection (b) for each agency and the Chief Financial Officer for each agency shall issue standards and definitions for purposes of making determinations relating to potential surplus salaries and expenses funds identified by an employee under this subsection. “(d) (1) The head of an agency may retain not more than 10 percent of amounts to be transferred to the general fund of the Treasury under subsection (c)(2). “(2) Amounts retained by the head of an agency under paragraph (1) may be— “(A) used for the purpose of paying a cash award under subsection (a) to 1 or more employees who identified the surplus salaries and expenses funds; and “(B) to the extent amounts remain after paying cash awards under subsection (a), transferred or reprogrammed for use by the agency, in accordance with any limitation on such a transfer or reprogramming under any other provision of law. “(e) (1) Not later than October 1 of each fiscal year, the head of each agency shall submit to the Secretary of the Treasury a report identifying the total savings achieved during the previous fiscal year through disclosures of possible fraud, waste, or mismanagement and identifications of surplus salaries and expenses funds by an employee. “(2) Not later than September 30 of each fiscal year, the head of each agency shall submit to the Secretary of the Treasury a report that, for the previous fiscal year— “(A) describes each disclosure of possible fraud, waste, or mismanagement or identification of potentially surplus salaries and expenses funds by an employee of the agency determined by the agency to have merit; and “(B) provides the number and amount of cash awards paid by the agency under subsection (a). “(3) The head of each agency shall include the information described in paragraphs (1) and (2) in each budget request of the agency submitted to the Office of Management and Budget as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31. “(4) The Secretary of the Treasury shall submit to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the Government Accountability Office an annual report on Federal cost saving and awards based on the reports submitted under paragraphs (1) and (2). “(f) The Director of the Office of Personnel Management shall— “(1) ensure that the cash award program of each agency complies with this section; and “(2) submit to Congress an annual certification indicating whether the cash award program of each agency complies with this section. “(g) Not later than 3 years after the date of enactment of this subsection, and every 3 years thereafter, the Comptroller General of the United States shall submit to Congress a report on the operation of the cost savings and awards program under this section, including any recommendations for legislative changes.”. (3) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections for subchapter II of chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4511 and inserting the following: “4511. Definitions and general provisions.”. (4) SUNSET.—Effective 6 years after the date of enactment of this Act— (A) section 4511 of title 5, United States Code, is amended— (i) in the section heading, by striking “Definitions” and inserting “Definition”; and (ii) in subsection (a)— (I) in paragraph (1), by striking “; and” and inserting a period; (II) by striking “this subchapter—” and all that follows through “the term ‘agency’ means” and inserting “this subchapter, the term ‘agency’ means”; and (III) by striking paragraph (2); (B) section 4512 of title 5, United States Code, is amended— (i) in subsection (a)— (I) in the matter preceding paragraph (1), by striking “or identification of surplus salaries and expenses funds”; (II) in paragraph (2), by striking “or identification”; and (III) in the matter following paragraph (2), by striking “or identification”; and (ii) by striking subsections (c) through (g); and (C) the table of sections for subchapter II of chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4511 and inserting the following: “4511. Definition and general provisions.”. (b) Officers eligible for cash awards.— (1) IN GENERAL.—Section 4509 of title 5, United States Code, is amended to read as follows: “Sec. 4509. Prohibition of cash award to certain officers “(a) Definition.—In this section, the term ‘agency’— “(1) has the meaning given the term in section 551(1); and “(2) includes an entity described in section 4501(1). “(b) Prohibition.—An officer may not receive a cash award under this subchapter if the officer— “(1) serves in a position at level I of the Executive Schedule; “(2) is the head of an agency; or “(3) is a commissioner, board member, or other voting member of an independent establishment.”. (2) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections for subchapter I of chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4509 and inserting the following: “4509. Prohibition of cash award to certain officers.”. Sec. 1206. Prohibitions on receipt of Federal student loans and loan forgiveness for convicted felons. (a) Prohibitions.— (1) LOAN FORGIVENESS.—Notwithstanding any other provision of law, an individual described in paragraph (3) shall not be eligible to have any covered loan, or a portion of such loan, forgiven, cancelled, waived, or modified under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) or under any other Executive Order or action of the Department of Education. (2) LOAN RECEIPT.—Notwithstanding any other provision of law, an individual described in paragraph (3) shall not be eligible to receive a loan made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.). (3) AFFECTED INDIVIDUAL.—An individual described in this paragraph is an individual who is convicted of any felony offense under any Federal, State, Territorial, Tribal, or Local law or who has been dishonorably discharged from the armed forces of the United States or of any State or Territory thereof. (b) Definitions.—In this section: (1) COVERED LOAN.—The term “covered loan” means— (A) a loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.; 1087a et seq.; 1087aa et seq.) before, on, or after the date of enactment of this Act; or (B) a loan under the Health Education Assistance Loan Program under title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) made before, on, or after the date of enactment of this Act. (2) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). Sec. 1207. Drug screening and testing under State programs for temporary assistance for needy families. (a) Prohibition.—Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: “(13) NO ASSISTANCE FOR INDIVIDUALS WHO FAIL DRUG SCREENING OR TESTING OR ARE NOT SCREENED OR TESTED FOR DRUG USE.— “(A) IN GENERAL.—A State to which a grant is made under section 403 shall not use any part of the grant to provide assistance for an individual who has attained 18 years of age, unless, before receipt of the assistance— “(i) the State makes a determination, in a manner the State considers appropriate, of whether the individual has or has not been arrested for a drug-related offense during the 5-year period immediately preceding the date on which the determination is made; “(ii) in the case of an individual who is determined by the State to have been arrested for a drug-related offense during the 5-year period provided in clause (i), the individual tests negative for not less than 1 controlled substance, as specified by the State, in such manner and at such times as the State determines to be appropriate; and “(iii) in the case of an individual who is determined by the State not to have been arrested for a drug-related offense during the 5-year period provided in clause (i), the individual— “(I) completes substance abuse screening in such manner and at such times as the State considers appropriate; and “(II) (aa) is determined pursuant to such screening not to have a high risk of abuse of a controlled substance; or “(bb) is determined pursuant to such screening to have a high risk of abuse of a controlled substance and tests negative for not less than 1 controlled substance, as specified by the State, in such manner and at such times as the State determines to be appropriate. “(B) EFFECT OF FAILING DRUG TEST.—In the case of an individual who tests positive for a controlled substance pursuant to subparagraph (A)(ii) or (A)(iii)(II)(bb), a State shall not provide assistance under the State program funded under this part for the individual for a period beginning on the date on which the State determines that the test result is positive and ending on the latest of— “(i) the date that is 12 months after the date on which the State determines that the test result is positive; “(ii) the date on which the individual successfully completes a treatment program for each controlled substance for which the individual tested positive; or “(iii) the date on which the individual tests negative for each such controlled substance, in such manner and at such times as the State determines to be appropriate. “(C) RESPONSIBILITY FOR TESTING AND SCREENING.— “(i) MANNER AND TIME.—A State may provide for testing and screening pursuant to paragraph (1), and retesting and rescreening pursuant to paragraph (2), in such manner and at such times as the State agency considers appropriate. “(ii) COSTS.—A State may not require an individual to pay the cost of testing or screening conducted pursuant to this paragraph. “(D) NO EFFECT ON ASSISTANCE FOR OTHER FAMILY MEMBERS.—The amount of assistance payable for a family member of an individual for whom assistance is denied pursuant to this paragraph shall not be affected by the denial. “(E) DEFINITIONS.—In this paragraph: “(i) CONTROLLED SUBSTANCE.—The term ‘controlled substance’ means, with respect to an individual, any controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) that is not used by such individual pursuant to a valid prescription or as otherwise authorized by law. “(ii) DRUG-RELATED OFFENSE.—The term ‘drug-related offense’ means any criminal offense under State or Federal law relating to the manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance. “(iii) SUBSTANCE ABUSE SCREENING.—The term ‘substance abuse screening’ means an interview, questionnaire, or other screening instrument approved by the State, that is designed to be used to determine whether an individual has a high risk of abuse of a controlled substance.”. (b) Penalty.— (1) IN GENERAL.—Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end the following: “(17) FAILURE TO CONDITION RECEIPT OF BENEFITS ON PASSING DRUG TESTING OR SCREENING.—If the Secretary determines that a State to which a grant is made under section 403 for a fiscal year has substantially failed to comply with section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403 for the immediately succeeding fiscal year by an amount equal to 15 percent of the State family assistance grant.”. (2) INAPPLICABILITY OF GOOD CAUSE EXCEPTION.—Section 409(b)(2) of such Act (42 U.S.C. 609(b)(2)) is amended by striking “or (13)” and inserting “(13), or (17)”. (3) INAPPLICABILITY OF CORRECTIVE COMPLIANCE PLAN REQUIREMENT.—Section 409(c)(4) of such Act (42 U.S.C. 609(c)) is amended by striking “or (16)” and inserting “(16), or (17)”. (c) Effective date.—The amendments made by this section shall take effect on the first day of the first calendar month that begins after the 240-day period that begins with the date of the enactment of this Act. Sec. 1208. Drug screening and testing under the supplemental nutrition assistance program. (a) Drug testing and screening required for eligibility.—Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended by adding at end the following: “(t) Eligibility based on required drug testing and screening.— “(1) IN GENERAL.—An individual who has attained 18 years of age and who is otherwise eligible to participate in the supplemental nutrition assistance program as a member of a household shall be eligible to participate in such program only if before such assistance is provided with respect to such individual— “(A) the State determines, in a manner the State considers appropriate, whether such individual has or has not been arrested for a drug-related offense during the 5-year period ending on the date on which the determination is made; “(B) in the case of an individual who is determined by the State to have been arrested for a drug-related offense during such 5-year period, such individual tests negative for not less than 1 controlled substance, as specified by the State, in such manner and at such times as the State considers appropriate; and “(C) in the case of an individual who is determined by the State not to have been arrested for a drug-related offense during such 5-year period, such individual— “(i) completes substance abuse screening, in such manner and at such times as the State considers appropriate; and “(ii) (I) is determined pursuant to such screening not to have a high risk of abuse of a controlled substance; or “(II) is determined pursuant to such screening to have a high risk of abuse of a controlled substance and tests negative for not less than 1 controlled substance, as specified by the State, in such manner and at such times as the State considers appropriate. “(2) EFFECT OF A POSITIVE DRUG TEST RESULT.—If an individual tests positive for a controlled substance pursuant to paragraph (1), such assistance may not be provided with respect to such individual for a period beginning on the date on which the State agency determines that the test result is positive and ending on the latest of— “(A) the date that is 1 year after the date on which the State agency determines that the test result is positive; “(B) the date on which such individual successfully completes a treatment program for each controlled substance for which the individual tested positive pursuant to paragraph (1); and “(C) the date by which the test result for such individual is not positive for each controlled substance for which the individual tested positive pursuant to paragraph (1). “(3) RESPONSIBILITY FOR TESTING AND SCREENING.— “(A) The State agency may provide for testing and screening pursuant to paragraph (1), and retesting and rescreening pursuant to paragraph (2), in such manner and at such times as the State agency considers appropriate. “(B) The State agency may not require an individual or a household to pay the cost of a test or screening conducted pursuant to this subsection. “(4) DEFINITIONS.—For purposes of this subsection: “(A) CONTROLLED SUBSTANCE.—The term ‘controlled substance’ means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) that is not used by the tested individual pursuant to a valid prescription or as otherwise authorized by law. “(B) DRUG-RELATED OFFENSE.—The term ‘drug-related offense’ means any criminal offense under State or Federal law relating to the manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance. “(C) SUBSTANCE ABUSE SCREENING.—The term ‘substance abuse screening’ means an interview, questionnaire, or other screening instrument approved by the State, that is designed to be used to determine whether an individual has a high risk of abuse of a controlled substance.”. (b) Reduction of reimbursement for administrative costs.—Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended— (1) in subsection (a) by striking “subsection (k)” and inserting “subsections (k) and (l)”, and (2) by adding at end the following: “(l) Failure To enforce drug testing and screening requirements.—If the Secretary determines that the State agency failed substantially to enforce the eligibility requirement established in section 6(t) in a fiscal year, the Secretary shall reduce by 15 percent the amount otherwise payable under subsection (a) to such State agency for the immediately succeeding fiscal year.”. (c) Effective date.—The amendments made by this section shall take effect 240 days after the date of the enactment of this Act. Sec. 1209. Drug screening and testing under public housing and section 8 rental assistance programs. (a) Prohibition.—Section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is amended by adding at the end the following: “(j) Prohibition of housing assistance for individuals who fail drug screening or testing or are not screened or tested.— “(1) IN GENERAL.—Notwithstanding any other provision of law, the applicable administrative entity may not make covered housing assistance available for the benefit of any individual who has attained 18 years of age, unless, before such assistance is provided with respect to such individual— “(A) the applicable administrative entity makes a determination, in a manner the entity considers appropriate, of whether the individual has or has not been arrested for a drug-related offense during the 5-year period immediately preceding the date on which the determination is made; “(B) in the case of an individual who is determined by the applicable administrative entity to have been arrested for a drug-related offense during the 5-year period provided in subparagraph (A), the individual tests negative for each controlled substance that the entity has determined to be appropriate for testing; and “(C) in the case of an individual who is determined by the applicable administrative entity not to have been arrested for a drug-related offense during the 5-year period provided in clause (i), the individual— “(i) completes substance abuse screening in such manner and at such times as the entity considers appropriate; and “(ii) (I) is determined pursuant to such screening not to have a high risk of abuse of a controlled substance; or “(II) is determined pursuant to such screening to have a high risk of abuse of a controlled substance and tests negative for each controlled substance that the entity has determined to be appropriate for testing. The applicable administrative entity shall determine that not less than 1 controlled substance, as specified by the entity, is appropriate for testing for purposes of this paragraph. “(2) EFFECT OF FAILING DRUG TEST.—If an individual tests positive for a controlled substance pursuant to paragraph (1)(B) or (1)(C)(ii)(II), covered housing assistance may not be provided with respect to such individual for the period beginning on the date on which the applicable administrative entity determines that the test result is positive and ending on the latest of— “(A) the date that is 12 months after the date on which the applicable administrative entity determines that the test result is positive; “(B) the date on which the individual successfully completes a treatment program for each controlled substance for which the individual tested positive; and “(C) the date on which the individual tests negative for each such controlled substance, in such manner and at such times as the applicable administrative entity determines to be appropriate. “(3) RESPONSIBILITY FOR TESTING AND SCREENING.— “(A) MANNER AND TIME.—An applicable administrative entity may provide for testing and screening pursuant to paragraph (1), and retesting and rescreening pursuant to paragraph (2), in such manner and at such times as the entity determines to be appropriate. “(B) COSTS.—An applicable administrative entity may not require an individual or family to pay the cost of a test or screening conducted pursuant to this subsection. “(4) PRORATION OF FINANCIAL ASSISTANCE.—If an individual for whose benefit covered housing assistance is prohibited pursuant to this subsection is a member of family that includes at least one other member whose eligibility under this subsection for such assistance has been affirmatively established pursuant to testing under this subsection, covered housing assistance made available to such family shall be prorated, based on the number of individuals in the family for whom eligibility under this subsection for such assistance has been affirmatively established pursuant to testing under this subsection as compared with the total number of individuals who are members of the family. “(5) FAILURE TO ENFORCE DRUG TESTING REQUIREMENT.—If the Secretary of Housing and Urban Development determines that a public housing agency has substantially failed to comply with this subsection during a fiscal year, the Secretary shall reduce by 15 percent the amount otherwise provided to the agency, for the immediately succeeding fiscal year, under each of the following programs: “(A) The public housing Capital Fund program under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)). “(B) The public housing Operating Fund program under section 9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)). “(C) All programs for rental housing assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). “(6) USE OF HOUSING ASSISTANCE AMOUNTS FOR TESTING.—Notwithstanding any other provision of law, amounts made available under the following provisions of law may be used for costs of testing individuals for controlled substances for purposes of compliance with this section, as follows: “(A) Amounts made available under the public housing Operating Fund program under section 9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)) may be used for such testing for residents of, and applicants for residency in, public housing. “(B) Amounts made available to a public housing agency for administrative fees under section 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)) may be used for such testing for individuals on behalf of whom rental assistance under such section is provided by the agency and applicants for such assistance. “(C) Amounts made available for project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) may be used for such testing for residents of, and applicants for residency in, dwelling units in housing projects for which such assistance is provided. “(7) DEFINITIONS.—For purposes of this subsection, the following definitions shall apply: “(A) APPLICABLE ADMINISTRATIVE ENTITY.—The term ‘applicable administrative entity’ means— “(i) a public housing agency, with respect to covered housing assistance administered by such agency; and “(ii) the Secretary, with respect to project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). “(B) CONTROLLED SUBSTANCE.—The term ‘controlled substance’ means, with respect to an individual, a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) that is not used by such individual pursuant to a valid prescription or as otherwise authorized by law. “(C) COVERED HOUSING ASSISTANCE.—The term ‘covered housing assistance’ means financial assistance made available pursuant to the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.). “(D) DRUG-RELATED OFFENSE.—The term ‘drug-related offense’ means any criminal offense under State or Federal law relating to the manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance. “(E) SUBSTANCE ABUSE SCREENING.—The term ‘substance abuse screening’ means an interview, questionnaire, or other screening instrument approved by the applicable administrative entity that is designed to be used to determine whether an individual has a high risk of abuse of a controlled substance. “(8) OTHER PROVISIONS OF LAW.—This subsection may not be construed to affect the applicability of any provision of section 576 or 577 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661, 13662) or of section 6(l), 8(o)(7), or 16(f) of the United States Housing Act of 1937 (42 U.S.C. 1437n(f)), except that the Secretary of Housing and Urban Development shall ensure that any standards or lease provisions established pursuant to such sections are consistent with this subsection.”. (b) Effective date.—The amendment made by this section shall take effect on the first day of the first calendar month that begins after the expiration of the 240-day period beginning on the date of the enactment of this Act. Sec. 1210. Ending cashless bail. (a) In general.—No covered grant program shall be made available to a State or unit of local government that permits pre-trial release— (1) on personal recognizance; or (2) upon execution of an unsecured appearance bond. (b) Termination of funds.— (1) IDENTIFICATION.—Not later than 30 days after the date of enactment of this Act, and annually thereafter, the Attorney General shall— (A) identify any State or unit of local government that permits the types of pre-trial release described under subsection (a); and (B) provide a list of any such State or unit local government identified in subparagraph (A) to the head of each Federal agency that administers a covered grant program. (2) TERMINATION.—Not later than 90 days after receiving a list described under paragraph (1), the head of each Federal agency that administers a covered grant program shall terminate the provision of any funds under such a program made available by the Federal agency to each State or unit of local government identified in such list. (c) Reinstating funds.—Not later than 180 days after the Attorney General removes a State or unit of local government from a list described under subsection (b)(1), the head of each Federal agency that administers a covered grant program shall reinstate the funding terminated under subsection (b)(2) to such State or unit of local government in accordance with any otherwise applicable requirements. (d) Definitions.—In this section: (1) COVERED GRANT PROGRAM.—The term “covered grant program” means the following grant programs: (A) The Edward Byrne Memorial Justice Assistance Grant Program established under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.). (B) The grant programs established under, or pursuant to, the following sections of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.): (i) Section 1901. (ii) Section 2015(a)(3). (iii) Section 2921. (iv) Section 2951. (v) Section 2976. (vi) Section 2991. (vii) Section 3041. (C) The grant programs established under the following sections of the Second Chance Act of 2007 (34 U.S.C. 60511 et seq.): (i) Section 115. (ii) Section 201. (iii) Section 211. (iv) Section 241. (D) The grant program established under section 20102 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12102). (E) Pell grants awarded to eligible incarcerated students (as described under section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091) through the Federal Pell Grant program established under section 401 of such Act). (F) The grant program established under section 225 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3305). (G) The grant programs established under sections 105 and 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106 and 5106a). (H) The grant program established by section 217 of the Victim of Child Abuse Act of 1990 (34 U.S.C. 20323). (I) Grant programs administered by the Legal Services Corporation established under title X of the Economic Opportunity Act of 1964 (42 U.S.C. 2996 et seq.). (2) HEAD OF EACH FEDERAL AGENCY.—The term “head of each Federal agency” includes the president of the Legal Services Corporation. TITLE XIII-NDAA REPEAL ACT 1301. Repeal of NDAA 2021.—The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2026, including all amendments made by it, is hereby repealed. 1302. Chinese influence redeuction.—No funds may be provided to an institution of higher education that hosts a Confucius Institute or any other cultural institute directly or indirectly funded by the People's Republic of China. 1303. Repeal of NDAA 2022.—The National Defense Authorization Act for Fiscal Year 2022 is hereby repealed, including all amendments made by it, except for subtitle E of Title XVI. 1304. Prohibition on Chinese contractors.—Neither the United States Government nor its contractors may subcontract work to the People's Republic of China or any person or corporation associated to it without express authorization of the Director of National Intelligence. 1305. Prohibition on Chinese imports.—The United States Department of War is prohibited from importation of Chinese products without the express authorization of the Director of National Intelligence. TITLE XIV-ADMINISTRATIVE STREAMLINING ACT Sec. 1401. Abolition of independent agencies. (a) Department of Homeland Security.—The Social Security Administration, Social Security Advisory Board, Committee on National Security Systems, Election Assistance Commission, and Global Tech Security Commission shall be part of the Department of Homeland Security. (b) Department of Transportation.—The Surface Transportation Board, National Transportation Safety Board, Railroad Retirement Board, National Railroad Passenger Corporation, United States Postal Service, Postal Regulatory Commission, Federal Maritime Commission, and Northeast Corridor Commission shall be part of the Department of Transportation. (c) Department of Commerce.—The Federal Trade Commission, Federal Communications Commission, Export-Import Bank of the United States, National Aeronautics and Space Administration, Commodity Futures Trading Commission, Securities and Exchange Commission, Securities Investor Protection Corporation, Municipal Securities Rulemaking Board, Institute of Museum and Library Services, Federal Library and Information Center Committee, National Science Foundation, National Science Board, Federal Laboratory Consortium for Technology Transfer, Arctic Research Commission, Consumer Financial Protection Bureau, Small Business Administration, Trade and Development Agency, Access Board, National Council on Disability, Corporation for Travel Promotion, International Trade Commission, and International Broadcasting Bureau shall be part of the Department of Commerce. (d) Department of Interior.—The Tennessee Valley Authority, Environmental Protection Agency, Delaware River Basin Commission, Susquehanna River Basin Commission, Mississippi River Commission, Morris K. Udall and Stewart L. Udall Foundation (aka "Udall Foundation"), Advisory Council on Historic Preservation, American Battle Monuments Commission, General Services Administration, Smithsonian Institution, National Gallery of Art, Helen Keller National Center, Federal Geographic Data Committee, Marine Mammal Commission, Appalachian Regional Commission, Delta Regional Authority, Mt. McKinley Commission (the former Denali Commission), Migratory Birds Conservation Commission, National Indian Gaming Commission, Utah Reclamation, Mitigation, and Conservation Commission, Presidio Trust, Northern Border Regional Commission, National Fish and Wildlife Foundation, National Park Foundation, Holocaust Memorial Museum, and Office of Navajo and Hopi Relocation shall be part of the Department of the Interior. (e) Department of War.—The Selective Service System, National Security Commission on Artificial Intelligence, and Defense Nuclear Facilities Safety Board shall be part of the Department of War. (f) Department of State.—The Millennium Challenge Corporation, Commission for the Preservation of America's Heritage Abroad, African Development Foundation, Agency for Global Media, Peace Corps, Inter-American Foundation, Congressional-Executive Commission on China, United States Agency for International Development, Office of the Special Inspector General for Afghanistan Reconstruction, Central Intelligence Agency, United States Trade Representative, National Archives and Records Administration, Japan-United States Friendship Commission, Commission on International Religious Freedom, International Development Finance Corporation, and Commission on Security and Cooperation in Europe shall be part of the Department of State. (g) Department of Energy.—The Nuclear Regulatory Commission, Nuclear Waste Technical Review Board, Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects (formerly Office of the Federal Coordinator, Alaska Natural Gas Transportation Projects), Northwest Power Planning Council, Northwest Power and Conservation Council, Pacific Northwest Electric Power and Conservation Planning Council, North American Electric Reliability Corporation, and Federal Energy Regulatory Commission shall be part of the Department of Energy. (h) Department of Treasury.—The Federal Reserve System, National Credit Union Administration, Social Security Trust Fund, National Bipartisan Commission on the Future of Medicare, Federal Accounting Standards Advisory Board, all assets of the former United States Institute of Peace, and Federal Deposit Insurance Corporation shall be part of the Department of the Treasury. (i) Department of Labor.—The Federal Labor Relations Authority, Equal Employment Opportunity Commission, Chemical and Hazard Safety Board, National Labor Relations Board, National Mediation Board, Federal Mediation and Concillation Service, Federal Mine Safety and Health Review Commission, and Corporation for National and Community Service shall be part of the Department of Labor. (j) Department of Health and Human Services.—The Reagan-Udall Foundation for the Food and Drug Administration, Office of the Special Inspector General for Pandemic Recovery, National Endowment for the Humanities, National Council for the Traditional Arts, Commission of Fine Arts, National Endowment for the Arts, Corporation for Public Broadcasting, Harry S. Truman Scholarship Foundation, James Madison Memorial Fellowship Foundation, Vietnam Education Foundation, Barry M. Goldwater Scholarship in Excellence and Education Program, Medicare Payment Advisory Commission, Medicaid and CHIP Payment and Access Commission, and the former Departments of Education and Veterans Affairs (unless transferred elsewhere by the President) shall be part of the Department of Health and Human Services. (k) Department of Justice.—The Civil Rights Cold Cases Review Board, Commission on Civil Rights, Office of Special Counsel, National Advisory Council on Violence Against Women, and Federal Election Commission shall be part of the Department of Justice. (l) Office of Personnel Management.—The Merit Systems Protection Board, Federal Retirement Thrift Investment Board, Federal Employees Retirement System, Civil Service Retirement System and Office of Government Ethics shall be part of the Office of Personnel Management. (m) Department of Housing and Urban Development.—The Federal Housing Finance Agency shall be part of the Department of Housing and Urban Development. (n) Department of Agriculture.—The Farm Credit Administration shall be part of the Department of Agriculture. (o) Office of Management and Budget.—The Administrative Conference of the United States, Council of the Inspectors General on Integrity and Efficiency, Fiscal Responsibility and Reform Commission, and shall be part of the Office of Management and Budget. (p) Contingency.—In the case that an agency named in this Title is dissolved, the parent department shall assume responsibility for any activities which it conducts, unless such responsibilities shall be withdrawn or transferred via Act of Congress, executive order, or some other authoritative reorganizational action. TITLE XV-CRIMINAL JUSTICE REFORM FOR ECONOMIC IMPROVEMENT ACT Sec. 1501. Short title. This Act may be cited as the “Criminal Justice Reform for Economic Improvement Act of 2026”. Sec. 1502. Knowing distribution of fentanyl where death results. Part D of the Controlled Substances Act is amended by adding at the end the following: “Sec. 424. Knowing distribution of fentanyl where death results. “Any person who is convicted of an offense under section 401(a)(1) or section 416 by distributing, possessing with intent to distribute, or manufacturing fentanyl shall, if death results, be punished— “(1) by death or imprisonment for any term of years or for life; and “(2) by a fine under title 18, United States Code.”. DIVISION B—Infrastructure Modernization Act of 2026 TITLE I—Surface transportation Subtitle A—Revenue for transportation projects Sec. 101. Federal share of toll reveunue. 23 U.S. Code § 129(7) is amended as follows: “(7) Federal share of toll revenue Notwithstanding paragraph (3), the share of toll revenues (including revenues from fines for all traffic violations on federal roadways) which derive from any federally funded toll route (including any route where state police issue fines for traffic violations) shall never be less than the Federal share of spending on the construction, maintenance, or management of the route, whichever number may be highest. The Secretary is directed to establish regulations in order to ensure that Federal funds from such toll routes are maximized, and to withhold funding from all States which refuse to provide adequate toll revenue to the Highway Trust Fund. Federal toll revenues shall be not less than annual spending on such toll routes, and shall be regulated so as to secure profitable returns for the Highway Trust Fund over any ten-year period.” Sec. 102. Tollway tax The Internal Revenue Code of 1986 is amended by: (a) renaming Chapter 50A as “Taxes on tolls”; (b) renaming section 5000D as “Taxes on tolls”; (c) amending section 5000D as follows: “There is hereby imposed, for purposes of improving the fiscal situation of the Highway Trust Fund, a tax on tolls on roadways (including via fines for all traffic violations on federal roadways), equal to 95 percent of the toll imposed on such roadways, imposed on the prepayment, payment, or deferred payment (including via fine or other enforcement method) of any toll on any roadway of the United States. The Secretary of Transportation shall have authority to establish regulations pursuant to this tax in consultation with the Secretary of the Treasury. Both Secretaries shall have authority to withhold Treasury funding from organizations which refuse to comply with this tax, with or without the consultation of the other.”; (d) changing the names of the chapter and section on the table of contents accordingly. Sec. 103. Fuel tax. (a) Section 4081 of the Internal Revenue Code of 1986 is amended by: (1) inserting after paragraph (a)(2)(D) a new paragraph (E) as follows: “(E) The rate specified by clause (a)(2)(A)(i) shall be treated as the same as that specified by clause (a)(2)(A)(iii) beginning January 1, 2027 and ending January 1, 2030.” Sec. 104. Modernization of user fees. (a) Charging stations.—Chapter 31 of the Internal Revenue Code of 1986 (relating to retail excise taxes) is amended by inserting after subchapter B the following new subchapter: “Subchapter C—Electric Vehicle Charging Stations “Sec. 4043. Excise tax on electricity dispensed at electric vehicle charging stations. “§ 4043. Excise tax on electricity dispensed at electric vehicle charging stations “(a) Imposition of tax.—There is hereby imposed on the sale or dispensing of electricity at an electric vehicle charging station a tax equal to 5 cents per kilowatt-hour (kWh) of electricity dispensed. “(b) Liability for tax.—The tax imposed by this section shall be paid by the operator of the electric vehicle charging station. “(c) Passthrough to consumers.—The operator may include the amount of the tax in the price charged to the consumer, but shall separately state the amount of such tax on any receipt or invoice provided to the consumer. “(d) Exemptions.—No tax shall be imposed under this section on electricity dispensed— “(1) for non-commercial purposes, such as by government entities for official use; “(2) in rural areas designated as such by the Secretary of Transportation under criteria similar to those in 23 U.S.C. § 101(a)(26); “(3) for emergency vehicles or during declared emergencies; or “(4) at stations powered entirely by renewable energy sources certified by the Secretary of Energy. “(e) Inflation adjustment.—In the case of any calendar year beginning after 2026, the 5-cent amount in subsection (a) shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for such calendar year. If any increase under the preceding sentence is not a multiple of 0.1 cent, such increase shall be rounded to the nearest multiple of 0.1 cent. “(f) Regulations.—The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section, including rules for registration of operators, recordkeeping, and prevention of evasion.” (b) Clerical amendment.—The table of subchapters for chapter 31 of such Code is amended by inserting after the item relating to subchapter B the following new item: “Subchapter C—Electric Vehicle Charging Stations.” (c) Residential chargers.—Subchapter D of chapter 32 of the Internal Revenue Code of 1986 (relating to miscellaneous excise taxes) is amended by inserting after section 4121 the following new section: “§ 4122. Residential electric vehicle charging equipment “(a) Imposition of tax.—There is hereby imposed on the first retail sale of any residential electric vehicle charging equipment a tax equal to $400 per unit. “(b) Residential electric vehicle charging equipment defined.—For purposes of this section, the term ‘residential electric vehicle charging equipment’ means any Level 1 or Level 2 charging device (including portable chargers and hard-wired charging stations) that— (1) is marketed or labeled primarily for home or garage use, or (2) has a maximum power output of 22 kilowatts or less. “(c) Liability for tax.—The tax imposed by this section shall be paid by the manufacturer, producer, or importer, and shall be collected from the purchaser at the point of first retail sale. “(d) Exemptions.—No tax shall be imposed under this section with respect to— (1) charging equipment sold to any State or local government or to any nonprofit educational institution; (2) charging equipment certified by the manufacturer as being installed exclusively at multi-family dwellings where the cost is borne by the property owner and not passed through to individual tenants; or (3) replacement units sold under warranty for equipment on which the tax has already been paid. “(e) Inflation adjustment.—For each calendar year after 2026, the $400 amount in subsection (a) shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, rounded to the nearest $10. “(f) Registration and reporting.—Every manufacturer, producer, or importer liable for tax under this section shall register with the Secretary and file quarterly returns in such form as the Secretary shall prescribe.” (d) Table of sections amendment.—The table of sections for subchapter D of chapter 32 of such Code is amended by inserting after the item relating to section 4121 the following new item: “4122. Residential electric vehicle charging equipment.” (e) Mass transit fee.—Chapter 33 of the Internal Revenue Code of 1986 (Facilities and Services) is amended by inserting after section 4271 the following new subchapter: “Subchapter C—Surface Mass Transit “Sec. 4272. Tax on surface mass transit fares. “§ 4272. Tax on surface mass transit fares “(a) Imposition of tax.—There is hereby imposed on the amount paid for surface mass transit services a tax equal to 10 percent of the amount so paid. “(b) Surface mass transit services defined.—For purposes of this section, the term ‘surface mass transit services’ means taxable transportation by bus, subway, commuter rail, light rail, vanpool (with 7 or more passengers), ferry, or any other mode designated by the Secretary of Transportation as mass transit eligible for funding under 49 U.S.C. chapter 53, but only when such transportation is provided to the general public under a contract or subsidy with a State or local government or transit authority. “(c) By whom paid.—The tax imposed by this section shall be paid by the person making the payment for the taxable transportation. “(d) Collection and remittance.—The person receiving payment for the taxable transportation shall collect the tax and remit it to the Secretary under rules similar to those applicable to the tax on air transportation under section 4261. “(e) Inflation adjustment.—For calendar years after 2026, the 8-percent rate in subsection (a) shall be increased (rounded to the nearest one-tenth of 1 percent) by the percentage by which the Chained CPI-U for the preceding calendar year exceeds the Chained CPI-U for calendar year 2025. (f) Table of subchapters amendment.—The table of subchapters for chapter 33 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter B the following new item: “Subchapter C. Surface Mass Transit (g) Annual federal surcharge on vehicles exceeding 6,000 pounds GVWR.—Subchapter B of chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after section 4485 the following new section: “§ 4486. Annual road-wear surcharge on heavy vehicles “(a) Imposition of surcharge.—There is hereby imposed an annual federal surcharge on the registration or continued use on public highways of any highway-capable motor vehicle with a gross vehicle weight rating (GVWR) exceeding 6,000 pounds, as follows: (1) $250 in the case of vehicles with GVWR over 6,000 pounds but not over 8,500 pounds. (2) $500 in the case of vehicles with GVWR over 8,500 pounds but not over 10,000 pounds. (3) $1,000 in the case of vehicles with GVWR over 10,000 pounds. “(b) Exemptions.—No surcharge shall be imposed under this section on— (1) vehicles owned by active-duty farmers, fishermen (including aquaculturalists), or ranchers and displaying a valid agricultural or aquacultural registration tag issued by a State; or (2) vehicles owned by federal, State, territorial, tribal, or local governments. “(c) Payment and collection.—The surcharge imposed by this section shall be paid annually at the time of vehicle registration or renewal through the State department of motor vehicles or equivalent agency, which shall remit the proceeds monthly to the Secretary of the Treasury for deposit in the Highway Account of the Highway Trust Fund. Any State that fails to collect and remit the surcharge shall have its Federal-aid highway apportionments reduced by 10 percent in the following fiscal year until cured. “(d) Inflation adjustment.—Beginning in calendar year 2028, the dollar amounts in subsection (a) shall be increased annually by the Chained CPI-U for the preceding calendar year, rounded to the nearest $10.“ (h) Tabular amendment.—The table of sections for subchapter B of chapter 36 of such Code is amended by inserting after the item relating to section 4485 the following new item: “4486. Annual road-wear surcharge on heavy vehicles.” Sec. 105. Evasion of Mass Transit Account fees. (a) Reimbursement requirement.—Section 5338 of title 49, United States Code, is amended by adding at the end the following new subsection: “(i) Fare-evasion reimbursement.— (1) Any State or designated recipient that receives funds from the Mass Transit Account for any fiscal year shall reimburse the Mass Transit Account, dollar-for-dollar, for the full amount of fare revenue lost to evasion on systems receiving such funds, as certified annually by the Secretary of Transportation using data submitted under paragraph (2). (2) Not later than March 1 of each year, each recipient shall submit to the Secretary a certified audit of farebox recovery ratio and evasion losses, using proof-of-payment validation rates, camera surveillance, or other methods approved by the Secretary. (3) The Secretary shall withhold 25 percent of the following fiscal year’s formula apportionments under sections 5307, 5311, and 5337 from any recipient that fails to submit the required audit or fails to reimburse the Account within 90 days of certification.” (b) Criminal penalty.—Chapter 31 of title 18, United States Code, is amended by adding at the end the following new section: “§ 671. Theft of federally subsidized mass-transit services “(a) Offense.—Whoever knowingly and intentionally travels on any bus, subway, commuter rail, light rail, ferry, or other surface mass-transit service that receives funding from the Mass Transit Account of the Highway Trust Fund without paying the required fare or possessing valid proof of payment shall be fined under this title, imprisoned not more than 5 years, or both. “(b) Enhanced penalties for repeat offenders and organized evasion.— (1) If the defendant has one or more prior convictions under this section or equivalent State law, the maximum term of imprisonment shall be 10 years. (2) If the violation is committed as part of a pattern of organized fare-evasion activity involving five or more persons, the maximum term shall be 15 years. “(c) Mandatory minimum fine.—In addition to any term of imprisonment, the court shall impose a fine of not less than $1,000 for each violation. “(d) Restitution mandatory.—The court shall order restitution in the full amount of the evaded fare plus the proportional federal share of operating costs attributable to that ride. “(e) Prison labor offset.—Any person sentenced to imprisonment under this section shall be required to participate in a federal prison industry program under chapter 307 of this title. Fifty percent of wages earned through such labor shall be credited toward satisfaction of fines, restitution, and imprisonment fees, and the remaining fifty percent shall be deposited directly into the Mass Transit Account of the Highway Trust Fund.” (c) Clerical amendment.—The table of sections for chapter 31 of title 18, United States Code, is amended by adding at the end the following new item: “671. Theft of federally subsidized mass-transit services.” (d) Preemption of lenient State and local laws.—Any provision of State or local law that decriminalizes fare evasion, prohibits enforcement actions, or prevents transit personnel from excluding non-paying riders from vehicles or stations is hereby preempted to the extent it conflicts with the requirements of this Act. (e) Enforcement grants.—The Attorney General may award grants to States and transit agencies that demonstrate aggressive enforcement (evasion rate under 2 %) to offset additional policing costs. Grants shall be funded from fines and prison-labor deposits under this Act. (f) Effective date.—This section shall take effect on the first day of the first fiscal year beginning after the date of enactment, and shall apply to any evasion occurring on or after that date. Subtitle B—Interstate Highway and US Route Lane Widening Sec. 111. Minimum Lane Counts for Shared Routes. (a) Any Interstate highway shall have a minimum of two lanes each direction. (b) Any US Route shall have a minimum of one lane each direction. (c) Any route which shares multiple Interstate highway or US Route designations shall have at least two lanes each direction per Interstate highway designation and at least one US Route designation, and any route which shares an additional posted State or County designation shall also be entitled to a minimum of one additional lane. Subtitle C—Interstate Spurs and Bypasses For Rural Americans Sec. 121. Renumbering of Interstate Highways. (a) Any Interstate highway with a two-digit number located entirely within one State and with connection to another Interstate shall be renumbered as a three-digit spur or bypass route, except in Alaska, Hawaii, Puerto Rico, and any other possession, territory, or insular area of the United States not contiguous with the 48 States of the United States that are neither Alaska nor Hawaii. (b) Any Interstate highway with a three-digit number renumbered as a result of this section shall be renumbered as a four-digit spur or bypass of a spur or bypass, and any other spur or bypass of an existing Interstate which is a spur or bypass shall be renumbered accordingly. (c) Subsection (a) does not apply to any Interstate highway with a two-digit number which is intended to be extended into additional States, that is part of a Future Interstate Corridor established under 23 U.S.C. 1105, or for which a plan is created within two years of the enactment of this Act for the purpose of extension into multiple States. (d) $2 billion shall be allocated from the United States Treasury for the purpose of: (1) conducting renumbering as mandated under this section, and (2) conducting planning for future cross-state extension of existing Interstate highways. Sec. 122. Increasing speed limits on Interstate highways. (a) Any State which establishes speed limits of not less than 70 miles per hour in areas where population density does not exceed 200 persons per square mile shall be eligible for Subtitle D—Reducing Freeway Permit Delays For Faster Construction Sec. 131. Short Title. This subtitle may be cited as the “American Infrastructure Protection & Acceleration Act of 2026”. Sec. 132. Findings and Purpose. (a) Findings.—Congress finds that— (1) serial litigation under NEPA and related statutes has imposed trillions of dollars in quantifiable economic harm and incalculable damage to American national security, energy independence, and diplomatic relations since 1970; (2) delays or cancellations of critical infrastructure projects have materially injured U.S. foreign relations (including by causing the cancellation of multiple infrastructure projects by international partners), weakened deterrence against adversaries, and empowered and emboldened foreign energy suppliers hostile to American interests, some of whom are engaging in lawfare against the American public; (3) these actions have disproportionately burdened rural and working-class communities by stifling job creation—estimated at over 1 million lost opportunities annually in energy and infrastructure sectors alone—while exacerbating inflation, supply shortages, and energy price volatility that harm American families and businesses; (4) the absence of retrospective accountability has perpetuated a cycle of abuse, allowing bad-faith actors to exploit judicial processes without consequence, thereby necessitating reforms to deter future sabotage, recover taxpayer losses, and restore efficiency to infrastructure development (5) certain domestic and foreign foundations, donor-advised funds, anonymous donors, and pass-through entities have deliberately financed such economic and diplomatic sabotage; and (6) integrating accountability mechanisms into infrastructure policy aligns with broader national goals of fiscal responsibility, economic revitalization, and security enhancement by ensuring that saboteurs bear the financial and legal burdens of their actions, thus freeing resources for productive investments. (b) Purpose.—The purpose of this subtitle is to impose full retrospective accountability on all participants in this sabotage and to ensure that no financial obstacle prevents recovery of damages. Sec. 133. Expanded Cause of Action for Damages from Infrastructure-Delaying Litigation. (a) In General.—Any State, Territory, political subdivision thereof, project sponsor, or contractor that incurred costs due to delay of a surface-transportation, energy, port, airport, rail, pipeline, mining, or water infrastructure project may bring a civil action against any person or organization that filed or funded a lawsuit that delayed or sought to delay such project. (b) Liability and Damages.—Upon a finding that the lawsuit was frivolous or primarily intended to delay, the defendant shall be liable for treble actual damages (including but not limited to construction delay costs, inflation, interest, harm to American diplomacy including diplomatic relationships and international diplomatic, military, and economic standing, and lost economic output) plus a statutory penalty equal to $100,000,000 or the full inflation-adjusted cost of the project, whichever is greater, per cause of action. (c) Liability Extended to Funding Sources.—Any entity (including foundations, donor-advised funds, fiscal sponsors, or foreign organizations) that provided grants, donations, or directed funds to an organization that filed a lawsuit subject to this subtitle shall be jointly and severally liable for all damages and penalties if the court finds the entity knew or should have known the funds would be used for such litigation. (d) Piercing Presumptions.—There shall be a rebuttable presumption that any grantor is liable if the grantee organization devoted 5 percent or more of its budget in any year to such litigation. Sec. 134. Damage Multipliers. (a) International Funding.—All damages and penalties under this subtitle shall be quadrupled if any defendant or funding source is a foreign person, foreign organization, or entity receiving funds from a foreign source. (b) Irreversible Damage Multiplier.—Damages and penalties shall be multiplied by ten if the lawsuit resulted in permanent cancellation or abandonment of the project. (c) Damage to US foreign relations.—Damages and penalties shall be multiplied by five if the project is for international or cross-border infrastructure or for the purpose of transportation of goods or persons to or from a foreign State. (c) Rule of construction.—Multipliers established under this subtitle are cumulative. Sec. 135. Protection Against Abusive Contempt in Environmental Citizen Suits. (a) Any individual incarcerated pursuant to a civil-contempt finding in a citizen suit under any environmental, natural-resources, civil-rights, or public-lands statute may bring an action if a court later determines the contempt finding was procured by fraud on the court, material misrepresentation, or concealment of evidence showing compliance. (b) Upon such finding: (1) the plaintiff organization, its donors, and its attorneys shall be jointly and severally liable for $1,000,000 per month or fraction thereof of incarceration; (2) each responsible attorney shall be imprisoned for a term not less than the victim’s wrongful incarceration (day-for-day, no parole); and (3) every attorney of record who participated in or had supervisory responsibility over the fraudulent conduct shall be permanently disbarred for life from all Federal and State practice, with no possibility of reinstatement. (c) Any such finding shall trigger mandatory criminal referral under 18 U.S.C. §§ 401, 1503, 1621, and 1623 and the penalty subsequent to such referral shall be subject to a mandatory minimum as established under subsection (b). Sec. 136. Mandatory Disbarment for Frivolous or Bad-Faith Litigation. Any attorney who files, signs, or substantially participates in a lawsuit later adjudicated frivolous or primarily intended to delay an infrastructure project under section 133 shall be permanently disbarred for life from practice in any Federal court and in every State and territorial jurisdiction subject to the authority of the United States. No petition for reinstatement shall ever be entertained subsequent to a final action, except that subject to a two million dollar filing fee (as well as an obligation to prepay all court, attorney, and other costs for the Government related to such appeal), an attorney may file an appeal of the decision of disbarment. Sec. 137. Expanded Damages — National Security and Diplomatic Injury. In any action under this subtitle, damages shall also include compensation for injury to U.S. foreign relations, diplomatic standing, national security, energy independence, and strategic deterrence caused by the delay or cancellation of the project, in such amounts as the court deems just, with no requirement that such damages be precisely quantified. Sec. 138. Loan Program for Plaintiffs. (a) Establishment.—There is established in the Department of the Treasury the Infrastructure Litigation Recovery Fund. (b) Loans.—The Secretary of the Treasury shall make available loans to any plaintiff eligible under section 133 (including States, political subdivisions, project sponsors, or parens patriae plaintiffs). (c) Forgiveness.—Any loan under this section shall be forgiven in full upon entry of judgment (whether or not collection is successful) or upon certification by the Attorney General that the action was pursued in good faith. (d) Appropriation.—Such sums as may be necessary are hereby permanently appropriated to carry out this section. Sec. 139. Forced Disclosure of Anonymous Donors and Pass-Through Funding. (a) Mandatory Disclosure.—Notwithstanding any provision of the Internal Revenue Code or any other law, any donor-anonymity agreement, or any other law, any organization or pass-through entity that has ever given or received a contribution or grant later determined to have supported litigation subject to this subtitle shall, within 30 days of a court order in an action under section 133, disclose the complete identity, address, contribution history, and all other pertinent information related to every donor (direct or indirect) since January 1, 1970. (b) Joint and Several Liability of Donors.—All disclosed donors shall be jointly and severally liable for the full amount of any judgment entered under this subtitle. (c) Immediate effect for Department of Treasury.—Within one week of filing of any lawsuit pursuant to this subtitle, all donor information required to be disclosed to the Department of the Treasury. Sec. 140. Prevention of Asset Dissipation and Fraudulent Transfers. (a) Fifteen-Year Lookback Presumption.—Any transfer, distribution, or disbursement of assets (including grants, donations, bonuses, severance payments, or transfers to affiliated entities) by an organization or individual potentially liable under this subtitle, occurring on or after January 1, 1970, shall be presumed fraudulent and voidable if the transferor is later found liable in any amount under this subtitle. (b) Burden Shift.—The presumption may be rebutted only by clear and convincing evidence that the transfer was made exclusively for legitimate, pre-existing charitable, operational, or contractual purposes unrelated to hindering, delaying, or defrauding potential creditors under this subtitle. (c) Clawback and Personal Liability.—Assets clawed back under this section shall be available to satisfy judgments under this subtitle, and any officer, director, trustee, or recipient who authorized or received such a transfer with actual or constructive knowledge shall be jointly and severally liable for twice the amount transferred. (d) Worldwide Asset Freeze.—Upon filing of an action under this subtitle, any Federal district court shall issue a preliminary injunction freezing all assets of the defendants and potential funding sources worldwide, without bond, upon a prima facie showing of potential liability. (e) Ex Parte Pre-Judgment Worldwide Asset Freeze Upon Filing.—Upon the filing of any complaint under this subtitle, the Attorney General or any State Attorney General shall obtain an ex parte temporary restraining order and worldwide asset freeze against the defendants and all known funding sources, without notice and without bond, upon a simple certification that delay would cause irreparable harm. The order shall issue within 24 hours and remain in effect until such a time that such asset freeze shall not be necessary for the enforcement of a potential judgment. (f) Bankruptcy Code Amendment.—Title 11, United States Code, is amended by inserting after section 550 the following new section: “§ 551. Special infrastructure litigation recovery provisions “(a) In any bankruptcy case of a person liable under the American Infrastructure Protection & Acceleration Act of 2026, the bankruptcy trustee or plaintiff creditor may recover the full amount of any judgment under that Act from any donor, grantor, or funding source (direct or indirect) that contributed to the debtor at any time after January 1, 1970, to the extent such contribution was used, or could reasonably have been foreseen to be used, to support litigation delaying or blocking surface-transportation, energy, or other critical infrastructure projects. “(b) No discharge under this title shall relieve any such donor or funding source from liability under subsection (a). “(c) The court shall disregard any corporate veil, trust, donor-advised fund, or other intermediary entity in enforcing this section. “(d) In the distribution of liability related to this section, funding should be derived against the amount contributed by each person first, and then against persons with greater assets.” Sec. 141. Treatment of Judgments as Delinquent Tax Liabilities; Extraordinary Collection Authority. (a) Tax Treatment Election.—Any final judgment under this subtitle shall, at the election of the judgment creditor, be treated as a delinquent federal tax liability under the Internal Revenue Code or as a defaulted direct loan obligation of the United States. (b) Full IRS and Treasury Powers.—All collection tools available for tax evasion or student-loan default shall apply without limitation, including liens, levies, wage garnishment, seizure of assets (domestic or foreign), offset of federal payments, passport revocation or denial, and revocation of security clearances. (c) Expedited Forfeiture of Instrumentalities.—Any asset (real, personal, tangible, or intangible) ever used to fund, direct, or facilitate litigation subject to this subtitle is hereby declared an instrumentality of economic sabotage and shall be subject to immediate civil forfeiture under 18 U.S.C. § 981 as if it were proceeds of a specified unlawful activity. (d) Criminal Forfeiture Trigger for Evasion Attempts.—Any attempt to transfer, conceal, or dissipate assets after enactment of this Act, or after service of process in an action under this subtitle, shall constitute a separate federal felony (18 U.S.C. new § 1961 racketeering predicate) punishable by up to 20 years imprisonment and mandatory criminal forfeiture of the entire attempted transfer amount plus all assets traceable to the liable entity or individual. Sec. 142. Citizenship Revocation and Expatriation Consequences. (a) Naturalized Citizens.—Willful failure to satisfy a final judgment under this subtitle within 24 months, when combined with any act of concealment or flight from enforcement, shall constitute grounds for revocation of United States citizenship if the liable person is a naturalized citizen. (b) All Persons.—The Secretary of State shall deny, revoke, or restrict passports under the authorities used for seriously delinquent tax debt or child-support arrearages, and the Attorney General may initiate removal proceedings against any person present on a visa or claiming derivative citizenship. (c) Ineffective Renunciation.—Any attempt to renounce citizenship to evade a judgment under this subtitle shall be deemed void, and the renouncer shall remain fully liable as a U.S. person for all purposes of collection. Sec. 143. No Insurance Offset; Parens Patriae Authority. No award under this subtitle may be reduced or satisfied by insurance proceeds. States are expressly authorized to bring parens patriae actions for additional punitive damages. Sec. 144. Effective date. This subtitle applies to all lawsuits filed on or after January 1, 1970, including pending cases, cases on appeal, and cases subject to Rule 60(b) relief. Sec. 145. Limitation on Certain Causes of Action in Surface Transportation Projects. (a) Notwithstanding any other provision of law, including title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), the National Environmental Policy Act of 1969, the Clean Air Act, or any regulation thereunder, no court shall have jurisdiction to enjoin, remand, or vacate any approval, permit, or funding decision for a highway, bridge, or tunnel project on the National Highway System on the basis of— (1) alleged disparate impact (as distinguished from intentional discrimination) under title VI of the Civil Rights Act of 1964 or any regulation thereunder; (2) alleged indirect or cumulative greenhouse gas emissions or climate-change effects; or (3) alleged induced travel demand or vehicle-miles-traveled increases. (b) Notwithstanding any claim of judicial immunity, any judge who elects to ignore this section shall be punishable by ten years' imprisonment, as well as treatment as a liable party for purposes of any civil action pursued under section 133. Sec. 146. Limitation on Certain Causes of Action in Surface Transportation Projects. (a) Categorical Exclusion for Highway Capacity Additions.—Any project that adds one or more through lanes, auxiliary lanes, truck-climbing lanes, or reversible lanes to an existing highway on the National Highway System or Interstate System, using primarily the existing right-of-way, is hereby categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. § 4321 et seq.) and shall not be subject to judicial review under that Act or title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.). (b) Rule of Construction.—Nothing in this section shall prevent the Secretary from preparing an environmental assessment or environmental impact statement if the Secretary determines extraordinary circumstances exist. Sec. 147. Penalty for State Expenditure on Certain Analyses. Any State that expends any funds (Federal or State) on the preparation, review, or litigation of induced vehicle-miles-traveled analysis, greenhouse-gas emissions attributable to highway capacity additions, or disparate-impact claims under title VI of the Civil Rights Act of 1964 in connection with any project receiving Federal-aid highway funds shall have its entire Federal-aid highway apportionment for the following fiscal year reduced by twice the amount so expended. Sec. 148. National Security Transportation Corridors. (a) Designation Authority.—The President may designate any surface-transportation project (highway, bridge, tunnel, rail, port, or pipeline) as a National Security Transportation Corridor if the President determines that the project is vital to national security, economic security, or energy independence. (b) Deemed Approval.—Upon designation, the project shall be deemed to have received all necessary Federal approvals, permits, and authorizations, including a categorical exclusion under NEPA, a finding of no significant impact, or a record of decision (as applicable), and shall be exempt from further judicial review. (c) Funding Priority.—Projects designated under this section shall receive priority in all Federal funding programs and may be constructed using emergency authorities under title 23, United States Code. (d) Limit.—Not more than 50 projects may be designated in any calendar year. Subtitle E—Railroads Sec. 141. Expediting rail approval. 49 U.S. Code § 24201(a)(4) is amended by striking “except that the limitation on claims of 150 days shall be 2 years” and inserting “including but not limited to railroads that are capable of operation at speeds exceeding 100 miles per hour or that are planned to carry freight or carry passengers”. Sec. 142. Creditworthiness of residential and mixed-use development activities for purposes of eligibility for TIFIA and RRIF funds. (a) TIFIA creditworthiness of residential and mixed-Use development activities.— (1) IN GENERAL.—Section 602(a)(2) of title 23, United States Code, is amended— (A) in subparagraph (A) by striking “To be eligible” and inserting “Except as provided in subparagraph (C), to be eligible”; (B) in subparagraph (B), by striking “Notwithstanding subparagraph (A)” and inserting “Except as provided in subparagraph (C), notwithstanding subparagraph (A)”; and (C) by adding at the end the following new subparagraph: “(C) RESIDENTIAL DEVELOPMENT ACTIVITIES.—To be eligible for assistance under the TIFIA program, a project described in section 601(a)(12)(E) that includes residential development activities (which may include mixed-use development activities) shall satisfy such creditworthiness standards as the Secretary, in consultation with the Secretary of Housing and Urban Development, determines to be appropriate to— “(i) safeguard the financial stability of the TIFIA program; and “(ii) align, to the extent practicable, such creditworthiness standards with any similar requirements established by the Secretary of Housing and Urban Development with respect to eligibility for assistance for such activities under programs of the Department of Housing and Urban Development.”. (2) CONFORMING AMENDMENTS.— (A) TIFIA DEFINITIONS.—Section 601(a) of title 23, United States Code, is amended— (i) in paragraph (6)(D) by striking “TIFIA program” and inserting “TIFIA program applicable to the project”; (ii) in paragraph (10)(D) by striking “agreement, including” and inserting “agreement, including, if applicable”; and (iii) in paragraph (12)(E)(ii) by striking “, by not later than September 30, 2026,”. (B) RATING LETTER REQUIREMENTS.— (i) IN GENERAL.—Section 602(b)(3) of title 23, United States Code, is amended by striking “each project applicant” and inserting “each applicant for TIFIA assistance for a project for which an investment-grade rating is required under subsection (a)(2)”. (ii) SECURED LOANS REQUIREMENTS.—Section 603(a)(3) of title 23, United States Code, is amended by striking “each rating letter” and inserting “any rating letters”. (iii) LINES OF CREDIT REQUIREMENTS.—Section 604(a) of title 23, United States Code, is amended— (I) in paragraph (3)— (aa) by striking “section 602(b)(3)” and inserting “section 602(b)(3), if any”; and (bb) by striking “the rating opinion letter” and inserting “any such rating opinion letters”; and (II) in paragraph (4) to read as follows: “(4) CREDITWORTHINESS OF SENIOR OBLIGATIONS.— “(A) INVESTMENT-GRADE RATING REQUIREMENT.—Except as provided in subparagraph (B), the funding of a line of credit under this section shall be contingent on the senior obligations of the project receiving an investment-grade rating from 2 rating agencies. “(B) REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT ACTIVITIES.—The funding of a line of credit under this section for a project described in section 601(a)(12)(E) that includes residential development activities (which may include mixed-use development activities) shall be contingent on such evidence of creditworthiness of the senior obligations of the project as the Secretary, in consultation with the Secretary of Housing and Urban Development, determines appropriate to— “(i) safeguard the financial stability of the TIFIA program; and “(ii) align, to the extent practicable, requirements relating to such evidence of creditworthiness with any similar requirements established by the Secretary of Housing and Urban Development with respect to assistance for such activities under programs of the Department of Housing and Urban Development.”. (b) RRIF Creditworthiness of residential and mixed-Use development activities.—Section 22402(f)(3) of title 49, United States Code, is amended— (1) in subparagraph (C) by striking “guarantee is greater” and inserting “guarantee for any project other than a project described in subsection (b)(1)(F) that includes residential development (which may include mixed-use development) is greater”; and (2) by adding at the end the following new subparagraph: “(E) With respect to any project described in subsection (b)(1)(F) that includes residential development (which may include mixed-use development), such evidence of creditworthiness as the Secretary, in consultation with the Secretary of Housing and Urban Development, determines to be appropriate— “(i) to align, to the extent practicable, such creditworthiness standards with any similar requirements established by the Secretary of Housing and Urban Development with respect to eligibility for assistance for such activities under programs of the Department of Housing and Urban Development; and “(ii) to safeguard the financial stability of the program under this chapter.”. (c) Regulations.—Not later than 180 days after the date of enactment of this section, the Secretary of Transportation, in consultation with the Secretary of Housing and Urban Development, shall prescribe regulations to carry out— (1) sections 602(a)(2)(C) and 604(a)(4)(B) of title 23, United States Code, as added by this section; and (2) section 22402(f)(3)(E) of title 49, United States Code, as added by this section. (d) Effective date; applicability.—The amendments made by subsections (a) and (b) shall take effect on the date that is 180 days after the date of enactment of this section and shall apply with respect to any loan or line of credit issued under the TIFIA program or chapter 224 of title 49, United States Code, on or after such date. (e) TIFIA program defined.—The term “TIFIA program” shall have the meaning given such term in section 601(a) of title 23, United States Code. Sec. 143. Title II—United States Army Corps of Engineers Sec. 201. Extraordinary operation and maintenance work performed by the Secretary of the Interior. (a) Definitions.—Section 9601 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510) is amended— (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), (6), (7), and (1), respectively; (2) by arranging the redesignated paragraphs in numerical order; (3) in paragraph (3) (as so redesignated), by striking “et seq.)” and inserting “et seq.))”; (4) in paragraph (4) (as so redesignated), by striking “mean” and inserting “means”; and (5) by adding at the end the following: “(8) URBAN CANAL OF CONCERN.—The term ‘urban canal of concern’ means a transferred works or segment of a transferred works— “(A) that is— “(i) a canal reach, the failure of which would result in— “(I) an estimated at-risk population of more than 100 individuals; or “(II) an estimated property damage of more than $5,000,000; or “(ii) a canal reach determined by the responsible Bureau of Reclamation regional or area office to be classified as an urban canal reach; and “(B) with respect to which the Secretary determines, pursuant to the guidelines and criteria developed under section 9602(a), that if a failure were to occur, the failure would result in loss of life and property in the vicinity of the failed transferred works or segment of transferred works.”. (b) Extraordinary maintenance and operation work on urban canal of concerns.—Section 9603 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b) is amended by adding at the end the following: “(e) Extraordinary operation and maintenance work on urban canals of concern.— “(1) IN GENERAL.—The Secretary or the transferred works operating entity shall carry out any extraordinary operation and maintenance work on an urban canal of concern that the transferred works operating entity, with the concurrence of the Secretary, determines to be necessary. “(2) FUNDING.—In the case of extraordinary operation and maintenance work on an urban canal of concern authorized under paragraph (1), or if the Secretary determines that a project facility inspected and maintained pursuant to the guidelines and criteria set forth in section 9602(a) requires extraordinary operation and maintenance work pursuant to paragraph (1), the Secretary shall provide Federal funds on a nonreimbursable basis sufficient to cover 35 percent of the portion of total cost of the extraordinary operation and maintenance work allocable to the transferred works operating entity that is needed to carry out the extraordinary operation and maintenance work on the urban canal of concern, with the remaining share of any additional Federal funds advanced by the Secretary for the extraordinary operation and maintenance work to be repaid under subsection (b). “(f) Reimbursable funds.—Any reimbursable funds provided under this section shall be considered to be a non-Federal source of funds for purposes of any cost-sharing requirement for a Federal grant.”. Sec. 202. Appropriation of funds. (a) Authorization of Appropriations.—There is authorized to be appropriated to the United States Army Corps of Engineers (USACE) within the Department of the Army, $1,000,000,000,000 for fiscal years 2026 through 2036, to be available without fiscal year limitation, for the Federal share of costs associated with— (1) addressing the backlog of authorized projects of the Corps of Engineers, including construction, operation, maintenance, and rehabilitation activities authorized under the Water Resources Development Acts or other applicable laws; and (2) new projects for land expansion, flood risk management, and ecosystem restoration, including polder construction, coastal sediment diversions, levee systems, artificial islands, and related infrastructure. (b) Project Selection Criteria.—The Secretary shall prioritize projects that— (1) are deficit-neutral by means of contribution to or protection of national economic development, including through creation of new agricultural, residential, or commercial land; (2) that were planned prior to fiscal year 2025 and classified as part of the maintenance backlog of the Army Corps of Engineers; or (3) incorporate innovative techniques such as polder systems (enclosed low-lying land reclaimed from water) and coastal diversions (redirecting sediment to build new land) in order to expand the land area of the United States and the States and territories of it. (c) State Cost-Share Obligation.—For any project funded under this title, the non-Federal share required under applicable law (including sections 2211 through 2213 of title 33, United States Code) shall be borne by the relevant State or local sponsor. A State shall be considered delinquent if it fails to provide its required share within 180 days of a demand by the Secretary. (d) Enforcement Through Withholding of Federal Funds.— (1) In General.—If a State is delinquent in meeting its cost-share obligation for a project under this title, the Secretary of Health and Human Services and Secretary of Agriculture, in coordination with the Secretary of the Army, shall withhold Federal funds otherwise payable to the State under— (A) title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) by reducing the Federal medical assistance percentage (FMAP) under section 1905(b) of such Act (42 U.S.C. 1396d(b)) by an amount equal to the delinquent share, but not to exceed a 25 percentage point reduction in any fiscal year; and (B) title IV of the Social Security Act (42 U.S.C. 601 et seq.), relating to the Supplemental Nutrition Assistance Program (SNAP), by reducing the Federal share of SNAP administrative and benefit costs under section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) by an amount equal to the delinquent share, but not to exceed 25 percent of the State's annual SNAP allocation. (2) Application of Withheld Funds.—Amounts withheld under paragraph (1) shall be transferred to the Secretary of the Army and credited toward the non-Federal share of the delinquent project. (3) Restoration.—Withholdings under this subsection shall cease upon full payment of the delinquent share by the State, with retroactive adjustments to FMAP or SNAP allocations as appropriate. (e) Deferral Authority.—The Secretary of the Army may defer a State's cost-share obligation if the State demonstrates extreme financial hardship, as certified by the Secretary of the Treasury, provided that such waiver does not exceed 20 percent of the required share and is conditioned on the State's commitment to future payments. Sec. 203. Land expansion projects. (a) Authorization.—The Secretary of the Army is authorized to carry out projects to expand the land area of the United States, including— (1) construction of polders in coastal and riverine areas to reclaim land from water bodies; (2) coastal sediment diversions to build new deltaic land and restore wetlands; (3) levee and dike systems integrated with land reclamation; and (4) artificial islands or extensions of existing shorelines for economic development purposes. (b) Environmental Compliance.—The Secretary of the Army shall consult with local environmental groups before conducting non-maintenance operations under this section. (c) Partnerships.—The Secretary may enter into agreements with States, local governments, or private entities for project implementation. Sec. 204. Reporting and oversight. (a) Annual Reports.—The Secretary of the Army shall submit to Congress an annual report on the progress of projects funded under this title, including— (1) expenditures and obligations; (2) backlog reduction metrics; and (3) acres of new land created through expansion projects. (b) Audits.—The Comptroller General of the United States shall conduct biennial audits of the use of funds under this title and report findings to Congress. Title III—Energy Subtitle A—Energy Research Sec. 301. Study on new technologies to recycle spent nuclear fuel. (a) Definitions.—In this section: (1) NATIONAL LABORATORY.—The term “National Laboratory” has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (2) NUCLEAR WASTE.—The term “nuclear waste” means spent nuclear fuel and high-level radioactive waste (as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)). (3) RECYCLING.—The term “recycling” means the recovery of valuable radionuclides, including fissile materials, from nuclear waste, and any subsequent processes, such as enrichment and fuel fabrication, necessary for reuse in nuclear reactors or other commercial applications. (4) SECRETARY.—The term “Secretary” means the Secretary of Energy. (5) SPENT NUCLEAR FUEL.—The term “spent nuclear fuel” has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (b) Study.—Not later than 90 days after the date of enactment of this Act, the Secretary, acting through the Assistant Secretary for Nuclear Energy, shall carry out a study— (1) to analyze the practicability, potential benefits, costs, and risks, including proliferation, of using dedicated recycling facilities to convert spent nuclear fuel, including spent high-assay low-enriched uranium fuel, into useable nuclear fuels, such as those for— (A) commercial light water reactors; (B) advanced nuclear reactors; and (C) medical, space-based, advanced-battery, and other non-reactor applications, as determined by the Secretary; (2) (A) to analyze the practicability, potential benefits, costs, and risks of recycling spent nuclear fuel, which is taken from temporary storage sites throughout the United States, and using it as fuel or input for advanced nuclear reactors, existing reactors, or commercial applications; (B) to compare such practicability, potential benefits, costs, and risks of recycling spent nuclear fuel with the practicability, potential benefits, costs, and risks of the once-through fuel cycle, including temporary and permanent storage requirements; and (C) to analyze the practicability, potential benefits, costs, and risks of aqueous (such as PUREX and the derivatives of PUREX) recycling processes with the practicability, potential benefits, costs, and risk of non-aqueous (such as pyro-electrochemistry) recycling processes; (3) to analyze the technical and economic feasibility of utilizing nuclear waste processing to extract certain isotopes needed for domestic and international use, including medical, industrial, space-based power source, and advanced-battery applications; (4) to analyze the practicability, potential benefits, costs, risks, and potential approaches for coupling or collocating recycling facilities with other pertinent facilities, such as advanced nuclear reactors (that can use the recycled fuel), interim storage, and fuel-fabrication facilities, including through— (A) relevant analyses, such as capital and operating cost estimates, public-private partnerships to encourage investment, infrastructure requirements, timeline to full-scale commercial deployment, and distinguishing characteristics or requirements of such facilities; (B) input from interested private technology developers and relevant assumptions regarding cost; and (C) comparison with the practicability, potential benefits, costs, and risks of the once-through fuel cycle, including temporary and permanent storage requirements; (5) to identify parties, including individuals, communities, businesses, and local and Tribal governments, that are impacted economically, or through health, safety, or environmental risks, by the current practice of indefinite temporary storage of spent nuclear fuel, and assess potential risks and benefits for those parties should spent nuclear fuel be removed from their sites for the purposes of nuclear waste recycling; (6) to assess different approaches for siting and sizing nuclear waste recycling facilities, including a centralized national facility, regional facilities, on-site facilities where spent nuclear fuel is currently stored, and on-site facilities where newly recycled fuel can be used by an on-site reactor, and recommend one or more approaches that consider environmental, transportation, infrastructure, capital, and other risks; (7) to identify tracking and accountability methods for new recycled fuel and radioactive waste streams for byproducts of the recycling process; (8) (A) to identify any regulatory gaps related to nuclear waste management and recycling, including accuracy and consistency of relevant definitions for radioactive waste (including “high-level radioactive waste”, “spent nuclear fuel”, “low-level radioactive waste”, “reprocessing”, “recycling”, and “vitrification”) and classifications of radioactive waste that exist in Federal law on the date of enactment of this Act; (B) to compare such definitions to those used by other nations that manage radioactive waste; and (C) to make recommendations for modernizing such definitions; and (9) to evaluate— (A) potential Federal and State-level policy changes to support development and deployment of recycling and waste-utilizing reactor technologies; and (B) impacts of spent nuclear fuel recycling on requirements for domestic nuclear waste storage. (c) Report.—Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Assistant Secretary for Nuclear Energy, shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Natural Resources of the House of Representatives, a report that complies with each of the following: (1) Describes the results of the study carried out under subsection (b). (2) Is released to the public. (3) Totals not more than 120 pages (excluding Front Matter, References, and Appendices) written and formatted to facilitate review by a nonspecialist readership, including the following sections: (A) A Front Matter section that includes a cover page with identifying information, tables of contents, figures, and tables. (B) An Executive Summary section. (C) An Introductory section that includes a historical overview that also explains why recycling is not performed in the United States today, such as economic, political, or technological obstacles. (D) Results and Findings sections that summarize the results and findings of the study carried out under subsection (b). (E) A Key Remaining Challenges and Barriers section that identifies key technical and nontechnical (such as economic) challenges and barriers that need to be addressed to enable scale-up and commercial adoption of spent nuclear fuel recycling, with preference given to secure, proliferation resistant, environmentally safe, and economical recycling methods. (F) A Policy Recommendations section that— (i) lists policy recommendations to address remaining technical and nontechnical (such as economic) challenges and barriers to enable scale-up and commercial adoption of spent nuclear fuel recycling, including with government support; (ii) contrasts the potential benefits and risks of each policy; and (iii) compares benefits to current or past policies. (G) An Other section in which other relevant information may be added. (H) A References section. (I) An Appendices section. Title IV—Pipelines Subtitle A—Interstate Multichemical Pipeline Network Sec. 401. Short Title. This subtitle may be cited as the “American Multichemical Pipeline Security and Industrial Competitiveness Act of 2026”. Sec. 402. Findings and Purpose. Congress finds that— (1) the United States possesses abundant energy and chemical resources whose efficient, secure transport to domestic refineries, chemical plants, export terminals, and industrial centers is a vital national security and economic priority; (2) existing pipeline infrastructure is fragmented, aging, and increasingly constrained by litigation, regulatory delay, and foreign-funded sabotage; (3) a new, federally coordinated interstate multichemical pipeline grid is necessary to guarantee permanent energy dominance, re-shore critical manufacturing, and generate hundreds of billions in annual economic value; (4) such a grid shall be designed from the outset as a profit center for the Highway Trust Fund Sovereign Wealth Fund created in Title V of this Act, not a subsidized liability. The purpose of this subtitle is to establish the legal, financial, and regulatory framework for the rapid deployment of the Interstate Multichemical Pipeline Network (IMPN). Sec. 403. Definitions. (1) Multichemical pipeline shall be defined as a pipeline system certified by the Secretary of Energy capable of transporting, whether simultaneously or in batched sequence, two or more of the following commodities: crude oil, refined products based on crude oil, natural gas fluids, chlorine, caustic acid, hydrochloric acid, hydrogen, carbon dioxide, ammonia, ethylene, propylene, butadiene, methanol, urea, or any other chemical or energy commodity except for dihydrogen monoxide and oxygen designated by the Secretary. (2) Network corridors shall be defined as the ten priority corridors identified in the map entitled “Interstate Multichemical Pipeline Network — Priority Corridors, November 2025” which shall be placed in the Congressional Record no later than January 15, 2026. Sec. 404. Federal Authorization and Preemption. (a) The Interstate Multichemical Pipeline Network is hereby declared a project of national and essential strategic importance. (b) Any pipeline segment within the Network corridors shall be deemed to meet all requirements of the Natural Gas Act, the Interstate Commerce Act, the Clean Water Act, the National Environmental Policy Act, the Endangered Species Act, and any other federal permitting statute upon issuance of a single Certificate of National Interest by the Secretary of Energy. (c) The Secretary shall issue or deny such Certificate within 270 days of application. Failure to act within 270 days constitutes automatic approval. (d) No federal or state court shall have jurisdiction to enjoin or delay construction or operation of any segment certified under this section except upon proof of actual fraud in the certification process. Sec. 405. Federal Revenue Share and Profit Mandate. (a) Every barrel, ton, or cubic meter of commodity transported on any federally certified segment of the Network shall be subject to a Federal throughput fee established annually by the Secretary of the Treasury. (b) The fee shall be set at whichever is greater: (1) 15 percent of the gross tariff charged by the pipeline operator, or (2) the amount necessary to produce an average pre-tax return on invested capital to the Highway Trust Fund of not less than 9 percent annually across the entire Network portfolio. (c) All throughput fees shall be deposited directly into the Highway Trust Fund and treated as profits for purposes of Title V investment calculations. Sec. 406. Eminent Domain and Right-of-Way Supremacy. (a) Any entity constructing or operating a segment within the Network corridors is hereby granted federal eminent domain authority coextensive with the authority granted to natural gas companies under 15 U.S.C. § 717f(h). (b) Fair market value shall be determined as of the date of enactment of this Act, not the date of taking, to eliminate hold-out premia. (c) States or private parties that refuse to grant rights-of-way within 90 days of formal request shall forfeit any future federal highway, transit, or broadband funding until compliance is achieved. Sec. 407. Litigation Accountability. Any organization, foundation, or individual that files or funds any legal action that delays a certified Network segment by more than 180 days shall be jointly and severally liable for 200 percent of documented economic damages caused by the delay, plus treble punitive damages if any foreign funding source is involved. Such liability shall attach to donors, grantors, and fiscal sponsors under the same terms as Subtitle D of Title I. Sec. 408. Funding Mechanism. The Secretary of Transportation is authorized to commit up to $400 billion in equity and debt financing for the rapid deployment of the Network, with priority given to segments that demonstrate the highest projected return on federal capital within 10 years. Sec. 409. Annual Profit Target. The Board shall manage its pipeline investments to achieve no less than 11 percent average annual total return (inflation-adjusted) on the multichemical portfolio. Failure to meet this target for two consecutive years triggers automatic replacement of the responsible investment team. Sec. 410. Effective Date. This subtitle shall take effect immediately upon enactment. Title V—Industrial Revitalization Subtitle A—Highway Trust Fund Solvency Act of 2026 Sec. 501. Short Title. This subtitle may be cited as the “Highway Trust Fund Solvency Act of 2026”. Sec. 502. Adoption of Santiago Principles. The Highway Trust Fund established unde Sec. 503. Purposes. The purposes of the Fund are— (1) to capture and compound the economic value created by Federal surface transportation investments; (2) to make the United States surface transportation system permanently self-financing; and (3) to generate surplus returns for deficit reduction, tax relief, or direct citizen dividends. Sec. 504. Capitalization. (a) Initial General Fund Transfer.—There is appropriated, out of any money in the Treasury not otherwise appropriated, $600,000,000,000 for fiscal year 2026, to remain available without fiscal year limitation, to be deposited in the Fund. (b) Expansion of funding sources.—Section 9503(b) of the Internal Revenue Code is amended— (1) in subparagraph (1)(D) by striking the word “and”, (2) in subparagraph (1)(E) by striking the period and inserting a comma, (3) by inserting subparagraph (1)(F) as follows: “(F) section 5000D (relating to tolls, fees, and fines imposed by States),”, (4) by inserting subparagraph (1)(G) as follows: “(G) section 4122 (relating to residential electric vehicle charging equipment),”, (5) by inserting subparagraph (1)(H) as follows: “(H) section 4043 (relating to electric vehicle charging stations),”, (6) by inserting subparagraph (1)(H) as follows: “(H) section 4486 (relating to vehicles which cause greater-than-normal road-wear),”, (7) by inserting subparagraph (1)(J) as follows: “(J) any funds acquired in enforcement of section 129 of Title 23 of the United States Code, acquired by way of a lawsuit related to federal highways, or otherwise bound by statute for transfer to the Highway Trust Fund.” (c) Mandatory Rescissions as Offset.—The following amounts are hereby permanently rescinded and transferred to the Fund: (1) All unobligated balances from laws providing COVID-19 relief or economic stimulus enacted during calendar years 2020–2023; (2) All unobligated balances from the Inflation Reduction Act of 2022 (Public Law 117–169) related to clean energy tax credits under sections 45Y, 48E, 45X, and related provisions of the Internal Revenue Code of 1986; (3) Such additional rescissions from non-defense discretionary accounts as are necessary to fully offset the general fund transfer in subsection (a) over the 10-year period beginning with fiscal year 2026, as identified annually by the Director of the Office of Management and Budget. Sec. 505. Investment Mandate. (a) Exclusive Domestic Focus.—All Fund assets shall be invested solely in projects and assets located within the United States. (b) Priority Investments.—The Fund shall prioritize investments that maximize economic activity within 50 miles of Interstate highways, U.S. numbered highways, or designated freight corridors, including— (1) equity stakes in new or expanded toll facilities; (2) land acquisition and master-planned development of industrial parks, logistics centers, warehouses, and data centers; (3) revenue-sharing public-private partnerships for ports, intermodal facilities, pipelines, and energy infrastructure; (4) domestic critical mineral processing and manufacturing facilities; and (5) debt or equity positions in American companies deriving at least 50 percent of revenue from highway-related construction, materials, trucking, or logistics. (c) Minimum Real Return.—The Fund shall be managed to achieve an average annual inflation-adjusted return of not less than 6 percent. Failure to meet this benchmark for two consecutive fiscal years shall result in automatic termination of the entire investment management team. Sec. 506. Governance and Protections. (a) Board of Trustees.—The Fund shall be governed by a seven-member Board of Trustees appointed by the President and confirmed by the Senate for staggered eight-year terms. No member may be a current Federal employee. At least five members shall have substantial private-sector experience in infrastructure finance, construction, or logistics. (b) Permanent Lockbox.—Beginning in fiscal year 2036, no additional general fund transfers to the Fund shall be permitted except by a joint resolution approved by three-fifths of both Houses of Congress and signed by the President. (c) Use of Surplus Returns.—After the Fund balance exceeds $3,000,000,000,000 (in 2025 dollars), 50 percent of annual returns above the 6 percent minimum shall be transferred to the Treasury for debt reduction or reduction of Federal fuel excise taxes. Sec. 507. Annual Report to Congress. The Board shall submit an annual report to Congress detailing Fund performance, investments, and projected date of full self-sufficiency of the Federal-aid highway program. Sec. 508. Ending raiding of the Highway Trust Fund. A new subsection (g) is added to section 9503 of the Internal Revenue Code of 1986 as follows— “(g) Suspension of Highway Trust Fund transfers.—From September 1, 2026 to September 1, 2036, transfers of Highway Trust Fund monies to the Sport Fish and Recreation Boating Trust Fund and Mass Transit Account are suspended. During this period, any monies that would otherwise be transferred from the Highway Trust Fund in accordance with this section shall instead be transferred out of the money in the Treasury not otherwise appropriated.” Subtitle B—Religious Lands Economic Development Act of 2026 Sec. 511. Short title and purpose. (a) Title.—This subtitle may be cited as the “Religious Lands Economic Development Act of 2026”. (b) Findings.—The findings of Congress which led to this subtitle are as follows— (1) the Catholic Church and its related organizations are among the most prominent landowners of the United States; (2) being a nonprofit, the Catholic Church has little meaningful economic interest in developing many of these lands, but the United States of America and the States thereof have a great interest in developing these lands; (3) the Catholic Church is likely, given proper incentive, to engage in economic development activity of these lands; (4) the Catholic Church has engaged in land sales for the purpose of alleviating its debt burden, and many of its organizations are in a state of bankruptcy; (5) the leadership of the Catholic Church has received many complaints from its adherents regarding their own poor economic situation in the United States; (6) the United States of America and the Catholic Church share a common interest in the economic wellbeing of Catholic Americans; (7) Catholic Americans are among the most invested socially, personally, and economically in their religious institution relatively speaking among religious Americans, including by relying on religious schools for education services and religious hospitals for healthcare services; (8) large numbers of Americans have converted to the Catholic religion and are now straining its organizational ability to support its operations, due to shortages of both financial and human resources; (9) land use after sale as a result of bankruptcy may not be to the benefit of the United States; and (10) since the 2020 outbreak of COVID-19, the financial situation of the Catholic Church and its related organizations has markedly deteriorated, with a large number of Catholic Church organizations now being dependent on the Federal Government financially and the Federal Government cutting funding for the Catholic Church and its related organizations in order to control its budget deficit. (c) Purposes.—The purposes of the Fund established under this subtitle are— (1) to utilize the lands owned by the Catholic Church and related organizations; (2) to improve the economic wellbeing of Catholic Americans; (3) to promote more religious diverse financial and investment practices in order to create alternatives to current ethical investment practices; (4) to promote greater economic involvement of Catholic Americans and its lay members in the American economy; and (5) to restore the financial independence of the Catholic Church in the United States and allow the Catholic Church and related organizations to ameliorate their shortages of personnel. Sec. 512. Appropriation of funds. (a) The Religious Lands Economic Development Fund (RLEDF), to be administered by a designee of the United States Conference of Catholic Bishops or a successor thereof, is established with five billion dollars in funding. (b) The RLEDF is authorized to make investments both by lending monies and by purchasing equity for the purpose of promoting for-profit economic enterprises with moral guidance. (c) Dividends acquired as income by RLEDF shall be deposited into the account of the United States Conference of Catholic Bishops or a successor thereof, but RLEDF revenues derived from other sources shall be deposited into the account of the RLEDF. Sec. 513. Visa expansion. (a) The R1C visa is hereby established for citizens of the Holy See and Sovereign Military Order of Malta. (b) At the discretion of the Secretary of Homeland Security, organizations associated to the Catholic Church may be exempted from certain caps on visa issuance. (c) The R1C visa shall generally be bound by the same rules as R1 visas, except for such exceptions as enumerated under subsection (d). (d) The R1C visa shall not be subject to any cap on persons admitted, shall not be subject to the mandatory 12 month waiting period expected, and shall be renewable thrice. Subtitle C—Employee Ownership Restructuring Act of 2026 Sec. 521. Title and findings. (a) Title.—This subtitle may be cited as the “Employee Ownership Restructuring Act of 2026”. (b) Findings.—NIGGER MUST DIE Sec. 522. Employee Ownership Restructuring. (a) Definitions.—In this Act: (1) DIRECTOR.—The term “Director” means the Director of the Employee Ownership Sovereign Wealth Fund appointed under subsection (b)(2). (2) ELIGIBLE WORKER-OWNED COOPERATIVE.—The term “eligible worker-owned cooperative” has the meaning given the term in section 1042(c)(2) of the Internal Revenue Code of 1986. (3) EMPLOYEE STOCK OWNERSHIP PLAN.—The term “employee stock ownership plan” has the meaning given the term in section 4975(e)(7) of the Internal Revenue Code of 1986. (4) FUND.—The term “Fund” means the Employee Ownership Sovereign Wealth Fund established under subsection (b)(1). (5) SECRETARY.—The term “Secretary” means the Secretary of Labor. (6) ELIGIBLE ENTITY.—The term “eligible entity” means— (A) an employee stock ownership plan; (B) an eligible worker-owned cooperative; or (C) a qualified trust under section 401(a) of the Internal Revenue Code of 1986, or another entity, on behalf of an employee stock ownership plan or eligible worker-owned cooperative, which other entity may include a company that sponsors an employee stock ownership plan. (b) Establishment of the Employee Ownership Sovereign Wealth Fund.— (1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury, shall establish the Employee Ownership Sovereign Wealth Fund in the Treasury of the United States. The Fund shall be managed as a sovereign wealth fund to provide self-sustaining financing for employee ownership initiatives, with initial seed funding appropriated under subsection (j) and subsequent operations funded through investment returns and loan repayments. (2) DIRECTOR.—The Secretary shall appoint the Director of the Employee Ownership Sovereign Wealth Fund to serve as the head of the Fund at the pleasure of the Secretary. The Director shall oversee the Fund's operations, subject to oversight by a bipartisan advisory board appointed by the Secretary, consisting of five members with expertise in finance, business, and labor, including at least two from the private sector. (3) STAFF AND MANAGEMENT.—The Director may select, appoint, and employ such employees as are necessary to carry out the functions of the Fund. To ensure fiscal efficiency, the Secretary may contract with qualified private asset managers, selected through competitive bidding, to invest Fund assets in a diversified portfolio prioritizing capital preservation, including not less than 60 percent in United States Treasury securities and up to 40 percent in domestic equities, with prohibitions on investments in foreign assets or politically sensitive sectors. (4) FUND OPERATIONS AND SAFEGUARDS.— (A) INVESTMENT MANDATE.—The Fund shall be invested to generate returns sufficient to cover administrative costs and support lending activities, with a target annualized return of not less than 4 percent. Excess returns shall be allocated first to deficit reduction in the general fund of the Treasury. (B) PRIVATE-SECTOR MATCHING.—No loan or loan guarantee from the Fund shall exceed 50 percent of the total transition costs, with the remainder funded by private sources, such as commercial loans or equity investments. (C) CLAWBACK PROVISIONS.—In the event of default or failure to meet performance benchmarks under subsection (e), the Director may impose clawbacks on disbursed funds, including subordination of the Fund's interests in bankruptcy proceedings. (D) SUNSET AND EVALUATION.—The Fund's lending authority shall terminate 10 years after the date of enactment of this Act unless reauthorized by Congress following a report from the Government Accountability Office assessing the Fund's fiscal impact, return on investment, and effectiveness in promoting job retention. (c) Functions.—The Director shall be responsible for— (1) carrying out the Employee Ownership Initiative established under section 346 of the SECURE 2.0 Act of 2022 (29 U.S.C. 3228); and (2) administering the Employee Ownership Loan Program under subsection (d), funded exclusively through the Fund after the initial seeding period. (d) Employee Ownership Loan Program.— (1) IN GENERAL.—The Director shall establish and carry out an Employee Ownership Loan Program, financed by the Fund, to make loans or loan guarantees to eligible entities satisfying the requirements under subsection (e) in order to foster increased employee ownership of United States companies and greater employee participation in company decision making throughout the United States. Loans shall be limited to small businesses with fewer than 500 employees and annual gross receipts not exceeding $50,000,000, as defined under the Small Business Act (15 U.S.C. 632 et seq.). (2) LOANS.— (A) IN GENERAL.—Each loan or loan guarantee made under this subsection shall be— (i) to enable the eligible entity to purchase the equity of a company— (I) that is not less than 40 percent employee-owned; or (II) that will become not less than 40 percent employee-owned through support from the loan or loan guarantee; (ii) to allow a company that is not less than 40 percent employee-owned to increase the level of employee ownership at the company; or (iii) to allow a company that is not less than 40 percent employee-owned to expand operations and increase or preserve employment. (B) TERMS AND CONDITIONS FOR LOANS AND LOAN GUARANTEES.—Notwithstanding any other provision of law, a loan that is made or guaranteed under this subsection shall— (i) bear interest at an annual rate that is the lesser of— (I) a rate that is sufficient to cover an appropriate amount of the cost of borrowing and losses to the Fund for obligations of comparable maturity, as determined by the Director in consultation with the Secretary of the Treasury; or (II) a rate that is equal to the current applicable market rate for a loan of comparable maturity, as determined by the Director in consultation with the Secretary of the Treasury; (ii) have a repayment period not to exceed 15 years; and (iii) satisfy applicable requirements of the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (C) SUBORDINATION.—A loan or loan guarantee made under this subsection may be subordinated to the interests of current and former participants in the employee stock ownership plan or eligible worker-owned cooperative if an eligible entity files for bankruptcy, if determined appropriate by the Director. (e) Preconditions.—An eligible entity seeking a loan or loan guarantee under this subsection shall submit to the Director, at such time, in such manner, and containing such information as the Director may reasonably require, a business plan (and follow-up reporting on the business plan, as determined by the Director) that— (1) in the case of an eligible entity that is an employee stock ownership plan or that is receiving the loan or loan guarantee on behalf of such a plan, demonstrates that— (A) not less than 40 percent of the equity of the company to be supported by the loan or loan guarantee is or will be owned by an employee stock ownership plan; (B) the trustee of the plan has full voting rights for the shares and, under the plan, such shares are voted in accordance with section 409(e) of the Internal Revenue Code of 1986; (C) not fewer than 2 of the members of the board of directors of such company are directors who are not employed by the company, have no other business relationship with the company, and are otherwise independent from the company; (D) the company will establish a committee, of which not less than 50 percent of the members are employees of the company, that will submit to the Director a plan to ensure the survival of the workplace and prevent layoffs; (E) the company offers a diversified investment option for retirement for employees; and (F) all employees of the company will receive basic information about company progress on a quarterly basis as determined by the Director through regulations; (2) in the case of an eligible entity that is an eligible worker-owned cooperative or that is receiving the loan or loan guarantee on behalf of such a cooperative, demonstrates that the board of directors of the company is or will be elected by members of the eligible worker-owned cooperative on a 1 member to 1 vote basis; (3) contains a study from an independent third party with— (A) a fair market valuation of the company; and (B) a positive determination that the eligible entity should generate enough cash flow to pay back the loan or loan guarantee within the repayment period required under paragraph (2)(B)(ii); and (4) certifies that the transition will result in net job growth or retention of at least 90 percent of existing positions over a 3-year period, with deregulatory incentives available for compliance, including expedited approvals under relevant statutes. (f) Loan Portfolio.— (1) EMPLOYEE OWNERSHIP LOAN PROGRAM FUND.— (A) ESTABLISHMENT.—The Fund established under subsection (b)(1) shall serve as the repository for all loan activities. (B) DEPOSITS.—Notwithstanding section 3302 of title 31, United States Code, there shall be deposited in the Fund any amount repaid or otherwise received with respect to loans or loan guarantees made under this subsection, including from any collection effort. (C) AVAILABILITY OF AMOUNTS.—All amounts deposited in the Fund under subparagraph (B) shall— (i) be deposited as offsetting collections into the Fund; (ii) be available to the Director, without further appropriation, to make loans or loan guarantees under this subsection and for the administrative costs of such loans and loan guarantees; and (iii) remain available to the Director until expended. (2) EQUITY PORTFOLIO.—The Fund shall, at the discretion of the Director, establish equity stakes in firms. (g) Employee Right of First Refusal Before Plant Closing.—Section 3 of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102) is amended by adding at the end the following: “(e) Employee Stock Ownership Plans and Eligible Worker-Owned Cooperatives.— “(1) OPPORTUNITY TO PURCHASE.—If an employer orders a plant closing that is a permanent shutdown of an entire facility, the employer may voluntarily include in the notice required under subsection (a) an offer for the affected employees of the employer to purchase that plant or facility, or the company of the plant or facility, through either of the following: “(A) An employee stock ownership plan, as defined in section 4975(e)(7) of the Internal Revenue Code of 1986, sponsored by a company that is not less than 40 percent employee-owned. “(B) An eligible worker-owned cooperative, as defined in section 1042(c)(2) of such Code. “(2) DETERMINATION OF VALUE.— “(A) IN GENERAL.—The value of the plant, facility, or company that is the subject of the offer described in paragraph (1) shall be the fair market value of the plant, facility, or company, respectively, as determined by an appraisal that is— “(i) conducted by an independent third party selected in accordance with subparagraph (B); and “(ii) paid for by the employer described in paragraph (1). “(B) INDEPENDENT THIRD PARTY.—The independent third party described in subparagraph (A)(i) shall be— “(i) in the case of a plant, facility, or company to be purchased through an employee stock ownership plan, selected by the trustee of the plan; and “(ii) in the case of an eligible worker-owned cooperative, selected jointly by the employer described in paragraph (1) and the affected employees of that employer (or the designated representative of such employees). “(C) DISCLOSURES.—For purposes of determining the value of a plant, facility, or company that is the subject of an employee stock ownership plan or eligible worker-owned cooperative described in paragraph (1), the offer required under such paragraph shall include, with respect to the plant, facility, or company, a disclosure of— “(i) any outstanding liabilities, including any outstanding claims by creditors; “(ii) copies of all recent financial statements; “(iii) securities filings or related disclosures; “(iv) any legal claims filed against the company; “(v) any bankruptcy filings; and “(vi) any other similar information necessary to determine the full value and financial viability of the plant, facility, or company (and in the case of a plant or company, any facilities of the plant or company). “(3) LIMITATION.—In the event that the affected employees and employer described in paragraph (1) (or the designated representatives of such employees and employer) enter, in good faith and during the 60-day period after the employer serves the notice required under subsection (a), into negotiations for the purchase of the plant, facility, or company, the plant (and all facilities or operating units at the plant), facility (and all operating units at such facility), or company (and all facilities or operating units at the company), as applicable, shall remain open during such negotiations and for at least the 30-day period following the closing date for such purchase.”. (h) Exemption from Prohibited Transactions for Purchase Due to Plant Closing.— (1) IN GENERAL.—Section 408 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108) is amended by adding at the end the following: “(i) Purchase and Operation of Employer Company, Plant, or Facility Due to Plant Closing.—Sections 406 and 407 shall not apply to the purchase and operation of a company, plant, or facility through an employee stock ownership plan (as that term is defined in section 4975(e)(7) of the Internal Revenue Code of 1986) pursuant to section 3(e) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(e)).”. (2) CONFORMING AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.— (A) IN GENERAL.—Subsection (d) of section 4975 of the Internal Revenue Code of 1986 is amended by striking “or” at the end of paragraph (24), by striking the period at the end of paragraph (25) and inserting “, or”, and by adding at the end the following new paragraph: “(26) the purchase and operation of a company, plant, or facility through an employee stock ownership plan pursuant to section 3(e) of the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102(e)).”. (B) EXEMPTION FROM OWNER-EMPLOYEE RULES.—Subparagraph (A) of section 4975(f)(6) of such Code is amended by striking “(9) and (12)” and inserting “(9), (12), and (26)”. (i) Effective Date.—Not later than 1 year after the date of enactment of this Act, the Secretary shall prescribe such regulations or guidance as are necessary to implement this section. (j) Appropriations.—There are authorized to be appropriated to the Employee Ownership Sovereign Wealth Fund $1,000,000,000 for the purpose of implementing this section, to serve as initial seed funding. Such appropriation shall be provided from unobligated balances in the Department of Labor's Workforce Innovation and Opportunity Act fund. Subtitle D—Superfund Business Restoration Act of 2026 Sec. 531. Short title and objectives. (a) Title.—This subtitle may be cited as the “Superfund Business Restoration Act of 2026”. (b) Findings.—The Congress of the United States finds the following— (1) that the Superfund has successfully cleaned many sites across the United States since its 1980 establishment, (2) that at least 200 Superfund sites are reusable with modest cleanup, (3) that cleanup itself may yield more economic benefits for the American people if done more efficiently, (4) that the Superfund program is underfunded, yet often despite its noble intentions does not generate sufficient economic returns to justify taxation as a means of revenue for the program, (5) that many former Superfund sites have not revitalized despite cleanup, despite the desire of the American people to see such places revitalize, (6) that while many National Priorities List sites are tragic places where whole communities have been entirely abandoned for decades due to environmental calamity, EPA has often focused on ridiculous site projects such as the management of animal flatulence in the atmosphere rather than restoring American land to habitability, (7) that while America's greatest days are ahead of it and our nation is poised to expand, many communities both in the continental United States and in its outlying and future States and territories remain evacuated and unused at home and Superfund will play a key role in rehabilitating them, (8) that the name "Superfund" implies a strongly structured trust fund for the purposes of achieving its goals, (9) that the ideal means of funding the Superfund is a sovereign wealth fund approach, in which an infusion of funds will be used at the beginning, and after this infusion the Superfund will make money from economic revitalization of the places it cleans, (10) that persistent stigma and regulatory hurdles associated with Superfund sites have deterred private investment, leaving vast tracts of land idle and contributing to economic stagnation in affected areas, (11) that redeveloping cleaned Superfund sites for commercial, industrial, or mixed-use purposes could generate up to 500,000 new jobs over the next decade, based on estimates from the Environmental Protection Agency (EPA) and independent economic studies, while boosting local tax revenues and GDP growth, (12) that many Superfund sites are located in economically distressed or underserved communities, including those impacted by industrial decline, and their revitalization aligns with national priorities for environmental justice, infrastructure modernization, and equitable economic recovery, (13) that inefficient cleanup timelines, often exceeding 10 years per site, impose unnecessary costs on taxpayers and delay potential revenue-generating reuse, with total Superfund expenditures surpassing $50 billion since 1980 without commensurate focus on post-cleanup economic outcomes, (14) that successful models of Superfund site redevelopment, such as those in New York and California, demonstrate that targeted incentives (e.g., tax credits, liability protections, and grants) can attract businesses, create sustainable revenue streams, and reduce long-term federal funding needs for site maintenance, (15) that integrating business restoration into Superfund objectives would enhance fiscal responsibility by offsetting cleanup costs through private-sector involvement, property value increases, and new economic activity, contributing to deficit reduction efforts, and (16) that without statutory reforms to prioritize economic revitalization, the Superfund program risks remaining a reactive environmental tool rather than a proactive driver of American prosperity, innovation, and community resilience.. (c) Purpose.—The purpose of this subtitle, pursuant to the findings of Congress, is to expand the objectives of the Superfund program by providing economic revitalization on such lands that have required cleanup. Subtitle E—Indian Sovereign Wealth Fund Act of 2026 Sec. 541. Short title, findings, and purpose. (a) Title.—This subtitle may be cited as the “Indian Sovereign Wealth Fund Act of 2026”. (b) Findings.—The Congress of the United States finds that Indian programs require more efficient and that self-sufficiency goals regarding Indian tribes have not been achieved for the majority of tribes. (c) Purpose.—The purpose of this subtitle is to provide a more efficient means of funding Indian programs and derive a greater share of federal revenues from Indians toward such programs, while using a structure that will improve self-sufficiency. Sec. 542. Indian Healthcare Self-Sufficiency Reforms. (a) Purpose.—The purpose of this section is to reduce federal funding dependency for the Indian Health Service (IHS) by authorizing deregulation, revenue generation through tiered service models, and phased funding reductions, while preserving tribal sovereignty and federal trust responsibilities under the Snyder Act (25 U.S.C. 13) and the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.), and accounting for distinctions between reservation-based tribal facilities and urban Indian organizations under Title V of such Act. (b) Funding Reductions and Phase-Out Incentives.— (1) Annual Reductions.—Beginning in fiscal year 2027, discretionary appropriations for IHS under section 330 of the Public Health Service Act (42 U.S.C. 254b) shall be reduced by 5 percent annually, not to exceed a cumulative 25 percent reduction by fiscal year 2031, unless offset by equivalent non-federal revenue generated under this section. For urban Indian organizations, reductions shall not exceed 3 percent annually, with waivers available if they would disproportionately impact urban American Indian and Alaska Native access. (2) Performance-Based Waivers.—The Secretary of Health and Human Services (referred to in this section as the "Secretary") may waive reductions for any tribe, tribal organization, or urban Indian organization demonstrating at least 20 percent non-federal revenue growth in the prior fiscal year, certified through annual audits. Such waivers shall be granted based on projected revenue effects, including estimates that short-term pilot revenue may range from $15,000,000 to $60,000,000 annually system-wide, scaling to $100,000,000 to $500,000,000 in subsequent years. (3) Emergency Safeguards.—No reduction shall apply if it would result in closure of essential facilities or denial of care to American Indian and Alaska Native beneficiaries, as determined through tribal consultation under Executive Order 13175. (c) Deregulation for Revenue-Generating Services.— (1) Waiver Authority.—Upon request from a federally recognized Indian tribe, tribal organization, or urban Indian organization operating under an Indian Self-Determination and Education Assistance Act compact or Title V contract, the Secretary shall grant waivers from federal regulations (including those under 42 C.F.R. Parts 136 and 483) to allow provision of deregulated services, including elective procedures such as plastic surgeries, aesthetic treatments, and other non-essential healthcare not covered by IHS Purchased/Referred Care. For urban Indian organizations, waivers shall be granted through Title V contracts, limited to mid-tier services unless partnered with a tribal compact entity for premium-tier procedures. (2) Scope of Deregulation.—Waivers may include streamlined licensing for providers, reduced administrative reporting, and flexibility in facility standards for commercial services, provided patient safety is maintained per tribal ordinances and state laws where applicable. (3) Revenue Retention.—One hundred percent of fees from deregulated services shall be retained by the tribe or organization for reinvestment in IHS operations, infrastructure, or workforce, exempt from federal recapture. (d) Tiered Revenue Model.— (1) Establishment.—Participating tribes or urban Indian organizations may implement a tiered service model for diversified revenue, with the following levels: (A) Base Tier (Essential Care).—Federally funded services prioritized for American Indian and Alaska Native members, including primary care, preventive services, and chronic disease management, at no cost to beneficiaries. Urban Indian organizations may participate without Secretary approval. (B) Elective Tier (Expanded Services).—Fee-for-service offerings for non-tribal members or off-reservation patients, such as routine dental, vision, or behavioral health, with rates set by the tribe or organization. Urban Indian organizations may participate without Secretary approval. (C) Premium Tier (Commercial Ventures).—Market-driven procedures like plastic surgeries, cosmetic enhancements, or wellness retreats, marketed to non-tribal clients, including via partnerships with private insurers or tourism. Tribes or organizations may establish subsidiary entities to operate these, with profits toward the financing of Indian Health Service operations. Urban Indian organizations require Secretary approval and tribal partnerships for premium-tier ventures, to leverage urban market access while ensuring cultural appropriateness. (D) Internal Tier (Intra-Tribal Ventures).—Market-driven procedures like plastic surgeries, traditional beauty enhancement, or other procedures or products for the improvement of tribal health and aesthetics, marketed to tribal clients including via partnerships. Urban Indian organizations do not require Secretary approval for internal-tier ventures. (2) Implementation Pilot.—The Secretary shall launch a 5-year pilot for up to 30 tribes and 10 urban Indian organizations, providing technical assistance for business planning and marketing. The pilot shall include at least 10 urban Indian organizations, with priority for those in high-population cities to test non-tribal revenue potential. Success metrics include revenue diversification, targeting 30 percent from premium tier by year 3, with projections informed by cosmetic surgery market data estimating potential annual revenue of $100,000,000 to $500,000,000 system-wide upon full rollout. (3) Protections.—No tier shall deny essential care to American Indian and Alaska Native beneficiaries; premium services must comply with Food and Drug Administration standards and tribal ethical guidelines. (e) Limitations on Medicaid and Medicare Reimbursements.— (1) Restriction to Non-Tribal Members.—Effective fiscal year 2027, IHS and tribal facilities participating in the tiered model may only bill Medicaid (under Title XIX of the Social Security Act) or Medicare (under Title XVIII) for services provided to non-tribal members. Reimbursements for American Indian and Alaska Native beneficiaries shall be limited to direct IHS appropriations or tribal funds to encourage self-sufficiency. For urban Indian organizations, this restriction applies only to mid- and premium-tier services; base-tier reimbursements for urban American Indian and Alaska Native beneficiaries shall remain unrestricted to preserve access in non-reservation areas. (2) Waivers and Exceptions.—The Secretary may grant exceptions for facilities where this would violate trust responsibilities or cause undue hardship, determined via tribal consultation. The 100 percent Federal Medical Assistance Percentage under section 1905(b) of the Social Security Act shall apply only to non-tribal services under this subsection. (3) Legal Safeguards.—This limitation shall not apply to urban Indian organizations under Title V or non-participating tribes. Any disputes shall be resolved through the Indian Health Service Contract Dispute Resolution process. (f) Accountability and Evaluation.— (1) Annual Reporting.—Participating entities shall report to the Secretary on revenue sources, service utilization, and health outcomes, with data shared with Congress. Reports shall include estimates of budget effects, such as net savings from funding reductions offset by revenue. (2) Sunset Review.—By fiscal year 2032, the Comptroller General shall evaluate the program's impact on self-sufficiency, sovereignty, and care quality, recommending adjustments or termination, including analysis of whether revenue covers 10 to 30 percent of IHS budgets. (3) Tribal Consultation Mandate.—All implementations require consultation with affected tribes per Executive Order 13175. (4) Equity Assessment.—The Secretary shall annually assess disparities between urban and reservation-based outcomes, adjusting pilots to ensure urban programs are not unduly burdened by their lack of sovereignty. (g) Off-Reservation Services for Non-Members.— (1) Authorization.—Participating tribes or urban Indian organizations may establish off-reservation facilities or partnerships for mid- and premium-tier services targeted at non-members, provided such operations do not interfere with American Indian and Alaska Native care under 42 C.F.R. § 136.12. (2) Approval Process.—Off-reservation sites require Secretary approval, determining that the venture is in the tribe's or organization's best interest, not detrimental to surrounding communities, and aligned with Indian Health Care Improvement Act goals. Urban organizations may apply via Title V grants. (3) Revenue and Restrictions.—One hundred percent of non-member fees retained for reinvestment; services limited to areas outside Contract Health Service Delivery Areas unless adjacent to reservations. State licensing applies, but federal waivers available for tribal providers. (4) Pilot Expansion.—Extend the pilot under subsection (d)(2) to include 5 off-reservation test sites (3 tribal, 2 urban), evaluating revenue versus American Indian and Alaska Native impact. (h) Preemption and Sovereignty.—Nothing in this section shall preempt tribal laws or diminish federal trust obligations. Disputes shall be resolved through consultation under Executive Order 13175. (i) Authorization of Appropriations.—There is authorized to be appropriated $200,000,000 for fiscal year 2026 (and such sums as necessary thereafter) for pilot startup, technical assistance, and transition grants, offset by projected savings from funding reductions. Of amounts authorized, at least 20 percent shall be allocated to urban Indian organizations for pilot participation and technical assistance. Sec. 543. Establishment of Indian Sovereign Wealth Fund. (a) Appropriation of monies.—All of the unobligated monies belonging to the Presidential Election Campaign Fund, as well as 50% of taxes not otherwise obligated which originate with Indian tribes or with Alaska natives and all unobligated funds received by the Secretary as a result of the self-sufficiency projects established under this subtitle, shall be transferred to the Indian Sovereign Wealth Fund. (b) Title VI—Air Transportation Sec. 601. Title and findings. (a) Short title.—This subtitle may be cited as the “Air Transportation Act of 2026”. (b) Findings.—Congress finds the following: (1) The United States maintains extensive maritime and airborne transportation networks that require efficient navigation and control systems to ensure safety and economic vitality. (2) Traditional lighthouses serve critical roles in maritime navigation, while air traffic control facilities manage airborne transportation, and consolidating these functions in strategic locations can enhance operational efficiency, reduce redundancy, and lower long-term costs. (3) Outlying and insular areas of the United States, including territories and possessions, often lack integrated infrastructure for both maritime and airborne operations, presenting opportunities for modernization that simultaneously reinforces United States territorial sovereignty and claims. (4) A pilot program to establish multifunctional air traffic control lighthouses can demonstrate the feasibility of such consolidation, promote technological innovation, and support national security interests in remote regions. (5) United States air traffic control systems are often not at satisfactory levels of development in remote regions. (6) Given aviation is the main means of regional and international transportation for the United States, further development of aviation infrastructure is required. Sec. 602. Aviation project finance. (a) Eligible projects.—Section 601(a)(12)(G) of title 23, United States Code, is amended to read as follows: “(G) any project that constructs new or improves existing aviation-related facilities, including equipment, regardless of revenue producing purposes or public accessibility, that facilitates, preserves, enhances, or expands— “(i) air transportation; “(ii) access to air transportation, including surface transportation, rental car, and parking facilities; “(iii) the movement of passengers, baggage, or cargo; or “(iv) the safety or security of airport users; and”. (b) Determination of eligibility and project selection.—Section 602(a) of title 23, United States Code, is amended— (1) in paragraph (3) by striking “A project” and inserting “Except for a project described in section 601(a)(12)(G), a project”; and (2) in paragraph (5)(B)(iii) by striking “eligible project costs” and inserting “a Federal credit instrument”. (c) Applicability of waiver conditions.—Section 603(b)(6) of title 23, United States Code, is amended by adding at the end the following: “(C) APPLICABILITY.—The conditions described in subparagraph (B)(i)(III) and subparagraph (6)(B)(ii)(I) shall not be required for a project described in section 601(a)(12)(G) to receive a waiver under this paragraph.”. (d) Program administration.—Section 605(f)(1) of title 23, United States Code, is amended by striking “eligible project costs that are reasonably anticipated not to equal or exceed $75,000,000” and inserting “a TIFIA loan amount that is reasonably anticipated not to equal or exceed $100,000,000”. Sec. 603. Air traffic control lighthouse pilot program. DIVISION C—DOMESTIC TRANQUILITY ACT OF 2026 Sec. 1. Short title. This division may be cited as the “Domestic Tranquility Act of 2026”. Sec. 2. Rule of construction. Nothing in this Div shall be construed to authorize, require, or establish military or civilian censorship or in any way to limit or infringe upon freedom of the press or of speech as guaranteed by the Constitution of the United States, and no regulation shall be promulgated hereunder having that effect. TITLE I—SUBVERSIVE ACTIVITIES CONTROL Section 100. Short title. This title may be cited as the “Subversive Activities Control Act of 2026”. Sec. 101. Certain Prohibited Acts (a) It shall be unlawful for any person knowingly to conspire with another to perform any act which would substantially contribute to the establishment within the United States of a totalitarian dictatorship, the direction and control of which is to be vested in, or exercised by or under the domination or control of, any foreign government, foreign organization, or foreign individual: Provided, however, That this subsection shall not apply to the proposal of a constitutional amendment. (b) It shall be unlawful for any officer or employee of the United States, or any department, agency, or government-owned corporation, to communicate in any manner or by any means, to any person known or reasonably believed to be an agent or representative of any foreign government or of any Communist organization, any information classified by the President or a department head as affecting the security of the United States, unless specifically authorized by the President or such department head to make such disclosure. (c) It shall be unlawful for any agent or representative of any foreign government, or any officer or member of any Communist organization, knowingly to obtain or attempt to obtain any such classified information from any officer or employee of the United States without authorization. (d) Any person who violates any provision of this section shall, upon conviction, be punished by a fine of not more than $10,000, or imprisonment for not more than ten years, or both, and shall thereafter be ineligible to hold any office or place of honor, profit, or trust under the United States. (e) Prosecution for any violation of this section may be commenced within ten years after commission of the offense, or within ten years after the offender has ceased to be employed by the United States, whichever is later. (f) Neither the holding of office nor membership in any Communist organization shall constitute per se a violation of this section or any other criminal statute. Sec. 102. Employment of Members of Totalitarian Organizations (a) When a Totalitarian organization has been registered or ordered to register, it shall be unlawful: (1) For any member of such organization knowingly— (A) to conceal membership when seeking or holding employment under the United States; (B) to hold such employment; (C) to conceal membership when seeking or holding employment in any defense facility; or (D) if the organization is a Communist-action organization, to engage in employment in any defense facility. (2) For any officer or employee of the United States or any defense facility, knowing that an organization is registered or ordered to register— (A) to contribute funds or services to such organization; or (B) to advise or urge any member to violate this subsection. (b) The Secretary of Defense shall designate and publish a list of defense facilities subject to this section in the Federal Register. (c) The term “member“ shall not include any individual whose name has not been made public under section 9(b) of this title. Sec. 103. Registration and Annual Reports of Communist Organizations (a) Each Communist-action or Communist-front organization shall register with the Attorney General as prescribed by regulation. (b) Registration shall include the organization’s name, principal office, officers, members, finances, and other information required by the Attorney General. (c) Organizations must file annual reports updating such information by February 1 of each year. (d) The Attorney General shall notify each listed officer or member and provide opportunity to dispute inclusion. Sec. 104. Registration of Members of Communist-Action Organizations (a) Any individual who is a member of an organization ordered to register and which fails to do so shall register with the Attorney General within sixty days after such order becomes final. (b) Any individual whose name is omitted from a registered organization’s list shall likewise register. Sec. 105. Keeping of Registers; Public Inspection; Reports to President and Congress (a) The Attorney General shall maintain a Register of Communist-Action Organizations and a Register of Communist-Front Organizations. (b) Registers shall be open for public inspection subject to limited privacy periods for individuals disputing inclusion. (c) The Attorney General shall report annually to the President and Congress. Sec. 106. Use of the Mails and Instrumentalities of Commerce It shall be unlawful for any organization ordered or required to register to disseminate materials through the mails or broadcast over radio or television without labeling such materials or programs as being sponsored by a Communist organization. Sec. 107. Denial of Tax Deductions and Exemptions (a) No Federal income tax deduction shall be allowed for contributions to any organization required to register under this title. (b) No organization so registered or ordered to register shall be entitled to Federal tax exemption. Sec. 108. Subversive Activities Control Board (a) There is established a Subversive Activities Control Board composed of five members appointed by the President, no more than three of whom shall be members of the same political party. (b) Members shall serve staggered three-year terms, be subject to removal for neglect of duty, malfeasance, or other cause at the discretion of the President, and shall elect a Chairperson from among themselves. (c) The Board shall report annually to Congress and the President, and may promulgate regulations to carry out its duties. (d) The Board shall determine, upon application by the Attorney General or others authorized, whether any organization is a Communist-action or Communist-front organization, or whether an individual is a member thereof. Sec. 109. Proceedings Before the Board (a) The Attorney General may petition the Board to compel registration by any organization or individual believed subject to this title. (b) Organizations or individuals may petition for cancellation of registration or relief from annual reporting. (c) Hearings shall be public, with right to counsel, evidence, and cross-examination. The Board may subpoena witnesses and documents. (d) The Board shall determine Communist affiliation based on foreign direction, control, secrecy, discipline, or subordination of allegiance to a foreign power. Sec. 110. Judicial Review (a) Orders of the Board may be reviewed by petition to the United States Court of Appeals for the District of Columbia within sixty days. The findings of the Board, if supported by a preponderance of the evidence, shall be conclusive. (b) Orders become final upon exhaustion of appeals or lapse of time for seeking review. Sec. 111. Penalties (a) Any organization or individual failing to register, file reports, or keep required records shall be fined not more than $10,000, or imprisoned not more than five years, or both. Each day of failure constitutes a separate offense. (b) Any willful false statement or omission in a registration or report shall be punished similarly. (c) Violations of other provisions of this title shall carry fines up to $10,000 or imprisonment up to five years, or both. Sec. 112. Applicability of Administrative Procedure Act Nothing in this title shall render the provisions of the Administrative Procedure Act inapplicable to the Board. Sec. 113. Existing Criminal Statutes The provisions of this title are in addition to, and not in modification of, existing criminal statutes. Sec. 117. Security Regulations and Orders and Penalty for Violation Thereof (a) Whoever willfully violates any lawful regulation or order issued by the Secretary of Defense or a designated commander for the protection of military or defense facilities shall be guilty of a felony and, upon conviction, shall be fined not more than $50,000 or imprisoned not more than ten years, or both. (b) Every such regulation or order shall be posted in conspicuous and appropriate places. TITLE II — IMMIGRATION REFORM IN THE INTEREST OF NATIONAL STABILITY Section 200. Short Title This title may be cited as the “National Stability Immigration Reform Act of 2026” or “National Stability Immigration Reform Act” (NSIRA). Sec. 201. Restrictions to Totalitarian Immigration (a) Part I of Subchapter II of Chapter 12 of title 8, United States Code, is amended by adding at the end the following new section: § 175. Restrictions to Anarchist, Communist, and Totalitarian Immigration Any alien who is a member of any one of the following classes shall be excluded from admission into the United States, except as a temporary nonimmigrant: (1) Aliens who seek to enter the United States whether solely, principally, or incidentally, to engage in activities which would be prejudicial to the public interest, or would endanger the welfare or safety of the United States. (2) Aliens who, at any time, shall be or shall have been members of any of the following classes: (A) Aliens who are anarchists or radical syndicalists. (B) Aliens who advocate or teach, or who are members of or affiliated with any organization that advocates or teaches, opposition to all organized government. (C) Aliens who are members of or affiliated with— (i) any Communist or other totalitarian party, cult, or other organization; (ii) any organization linked to a Communist or other totalitarian organization as designated by the Board; (iii) any section, subsidiary, branch, affiliate, or subdivision of any such association or party; or (iv) the direct predecessors or successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt. (D) Aliens who advocate the doctrines of world communism or totalitarianism, or who are members of or affiliated with any organization that advocates such doctrines. (E) Aliens who are members of or affiliated with any organization registered or required to be registered under section 7 of the Subversive Activities Control Act of 1950, unless they establish that they lacked knowledge of its Communist nature at the time of membership. (F) Aliens who advocate or teach, or who are members of or affiliated with any organization that advocates or teaches— (i) the overthrow by force or violence or other unconstitutional means of the Government of the United States or of all forms of law; (ii) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer of the United States or any other organized government; (iii) the unlawful damage, injury, or destruction of property; or (iv) sabotage. (G) Aliens who write, publish, or circulate materials advocating the overthrow of government or the doctrines of world communism or other totalitarian systems. (H) Aliens who are members of or affiliated with any organization that publishes or circulates such materials. (3) Aliens for whom there is reason to believe that they would, after entry, be likely to engage in espionage, sabotage, public disorder, or subversive activity; or to join or assist any Communist or totalitarian organization. (b) No visa or other documentation shall be issued to any alien who seeks to enter the United States, as either an immigrant or a nonimmigrant, if there is reason to believe they intend to engage in subversion, terrorism, or other activity contrary to the public interest. If a child is born to an alien woman who is staying in the United States as a nonimmigrant, that child shall not be granted citizenship, unless denial of citizenship would result in newborn statelessness. (c) Empowering the Attorney General (1) Any alien who was, at the time of entry, or has been thereafter, a member of any class of aliens enumerated in section 1 of this Act shall, upon the warrant of the Attorney General, be taken into custody and deported in the manner provided in the Immigration Act of February 5, 1917. (2) The Attorney General shall likewise deport any alien who has engaged, or intended to engage, in the activities described in section 1(1) or section 1(3). Sec. 202. Notwithstanding clause. Notwithstanding sections 16 and 17 of the Immigration Act of 1917, any alien appearing to be excludable under section 1 shall be temporarily excluded pending review by the Attorney General, who may order exclusion on confidential information prejudicial to public security. Sec. 203. Exceptions. (a) The seventh proviso of section 3 of the Immigration Act of 1917 shall not apply to cases within section 1 of this Act. (b) The ninth proviso of section 3 shall not apply to aliens within section 1(1) or 1(3). (c) The tenth proviso and any other law to the contrary shall be inapplicable as specified in subsections (1) and (2). (d) The proviso to section 15 of the Immigration Act of 1924 shall not apply to aliens who would be excludable under section 1 of this Act if applying for admission. Sec. 204. When the Attorney General notifies the Secretary of State that any country refuses or unduly delays acceptance of its nationals deported from the United States, the Secretary shall instruct consular officers to discontinue visa issuance to nationals of such country until compliance. Sec. 205. Criminal penalties. (a) Any person who knowingly aids or assists an excludable alien to enter the United States shall be guilty of a felony and fined up to $5,000 or imprisoned up to five years, or both. (b) Any alien who, after being deported, returns or attempts to return without authorization shall be imprisoned up to five years and deported upon completion of the sentence. Sec. 206. Relationship with other law. Any law inconsistent with this Act is declared inapplicable to aliens within its scope. Sec. 207. If any provision of this Act, or the application thereof, is held invalid, the remainder shall not be affected. Sec. 208. Exclusion of certain persons from entry. (a) Chapter 12, section 1101(f) of title 8, United States Code, is amended by adding the following subsection: “(2) An adulterer or fornicator, or a person involved in abortion or contraception.”. (b) Such section, as amended, is further amended in subsection (f)(4) by striking the word “illegal”. (c) While the rest of this Act uses language that ignores this amendment, chapters 1 through 11 of Title 8 of the United States Code are hereby struck and chapters 12 through 15 are renumbered as chapters 1 through 4. Title 8 may henceforth be cited as the “National Citizenship and Admission Act of 2026” in addition to any other short titles which may refer to it. From all of its section numbers, 1000 shall be subtracted, except that from the section numbers of chapters 11 such number shall be 1100 and from section numbers of chapter 12 such number shall be 1050, such that sections 1101 through 1778 shall be renumbered sections 1 through 778. Sec. 209. Alien residence reporting. (a) Alien residents are required to report their address annually and on each change of address, pursuant to regulations issued by the Secretary of Homeland Security. (b) Failure is punishable as a felony offense, punishable by deportation, a fine up to $100,000, and imprisonment up to three years for failure to comply. Amending Section 305 of the Nationality Act of 1940 Sec. 210. Section 305 is amended to prohibit naturalization of Communists, totalitarians, anarchists, or persons affiliated with organizations advocating overthrow of government or destruction of property, and to permit revocation of naturalization obtained fraudulently or in bad faith within ten years. Amending Section 325 of the Nationality Act of 1940 Sec. 211. Section 325 is amended to treat certain maritime service as residence within the United States for naturalization purposes. Amending Section 329 of the Nationality Act of 1940 Sec. 212. A new subsection (c) is added to require proof of lawful entry and good standing before naturalization. Amending Sections 333 and 334(b) of the Nationality Act of 1940 Sec. 213. Section 333 is amended to authorize designated examiners to conduct preliminary naturalization hearings, administer oaths, subpoena witnesses, and make recommendations to the court. Section 334(b) is amended to allow examination before a designated examiner. Amending Section 335 of the Nationality Act of 1940 Sec. 214. Section 335 is amended to prescribe oaths of allegiance and renunciation, including an explicit renunciation of titles of nobility. Amending Section 304 of the Nationality Act of 1940 Sec. 215. Section 304 is amended to require all applicants for naturalization to demonstrate English literacy and knowledge of U.S. history and government. Amending Chapter 73 of Title 18, United States Code Sec. 216. A new section 1507 is added prohibiting picketing or parading near courthouses or judges’ residences with intent to influence judicial proceedings. Violators shall be fined up to $5,000 or imprisoned up to one year. Amendments to Title 8 Sec. 217. Section 1101 of title 8, United States Code, is amended to define “statelessness,” including: (1) “Newborn statelessness” — the status of statelessness at birth. (2) “Penal statelessness” — the status of statelessness while detained as an illegal alien. Sec. 218. Section 1401(a) of title 8, United States Code, is amended to read: “(a) A person born in the United States before 1982 or conceived by an American mother or father who has been a resident of the United States.” Sec. 219. Chapter 12 of title 8 is amended by adding: “§ 1401. Stateless persons who lack any foreign citizenship may, after five years and completion of any imprisonment or probation, be allowed to take an English test and become U.S. citizens, provided such statelessness was not self-inflicted by renouncing U.S. citizenship.” TITLE III — DEPLATFORMING REGULATION Section 300. Short Title This title may be cited as the “Deplatforming Regulation Act.” Sec. 301. Deplatforming prohibited. No person shall receive financing from the United States while engaging in deplatforming, including public institutions. Sec. 302. Seizure of assets to prevent deplatforming. All assets of foreign persons who engage in deplatforming shall be frozen for one year, effective starting exactly one month from the date this Act becomes law. If, during this period, such persons do not cease their deplatforming, these assets may be permanently seized by the Department of the Treasury. Sec. 303. Anti-Deplatforming Protection Chapter 5, section 230 of Title 47, United States Code, is amended by adding the following paragraph (3) to subsection (c): “(3) Anti-Deplatforming Protection.—No interactive computer service or other common carrier shall engage in deplatforming, and deplatforming shall not be considered as action taken in good faith under this statute.” Sec. 304. Sovereign immunity. The United States shall not waive its sovereign immunity with respect to any provision of this Division. Sec. 305. Defunding propaganda. No federal funds may be provided to any school or university that engages in Communist indoctrination or deplatforming. Sec. 306. Restrictions on grants. No federal student loans or grants shall be provided to students attending any educational institution that engages in Communist indoctrination or deplatforming. Sec. 307. Transfer of students. Students attending any educational institution that engages in Communist indoctrination or deplatforming may request a transfer, which shall be free of charge within reasonable limits and shall carry over credits to any educational institution that does not engage in Communist indoctrination or deplatforming. Sec. 308. Removal of Communist propaganda from universities. The Department of Health and Human Services is authorized to grant up to one hundred million dollars in financing to support the modification of state university curricula to remove content deemed to constitute Communist indoctrination. Sec. 309. Definition of indoctrination. The Secretary of Health and Human Services shall have the authority to define what constitutes Communist indoctrination, declare which universities are engaged in such indoctrination, and from time to time designate previously undesignated universities as engaging in Communist indoctrination as facts may emerge. Sec. 310. Rule of construction. Nothing in this Title shall be interpreted or defined as violating any law or policy granting students freedom of speech. TITLE IV—EMERGENCY DETENTION Sec. 400. Short Title This title may be cited as the “Emergency Detention Act of 2026”. Sec. 401. Habeas Corpus in War In regards to any prisoners held under the any declaration of war, statutory authorization, or national emergency created by attack upon the United States, its territories or possessions, or its armed forces, the privilege of the writ of habeas corpus shall be suspended. Sec. 402. Declaration of “Internal Security Emergency“ (a) In the event of any one of the following: (1) Invasion of the territory of the United States or any one of its possessions or protectorates, (2) Declaration of war by Congress, or (3) Insurrection within the United States in aid of a foreign enemy, and if, upon the occurrence of one or more of the above, the President shall find that the proclamation of an emergency pursuant to this section is essential to the preservation, protection and defense of the Constitution, and to the common defense and safety of the territory and people of the United States, the President is authorized to make public proclamation of the existence of an “Internal Security Emergency“. (b) A state of “Internal Security Emergency“ (hereinafter referred to as the “emergency“) so declared shall continue in exercise until terminated by proclamation of the President or by concurrent resolution of the Congress. Sec. 403. Detention during Emergency (a) Whenever there shall be in existence such an emergency, the President, acting through the Attorney General, is hereby authorized to apprehend and by order detain, pursuant to the provisions of this title, each person as to whom there is reasonable ground to believe that such person probably will engage in, or probably will conspire with others to engage in, acts of espionage or of sabotage. (b) Any person detained hereunder (hereinafter referred to as “the detainee“) shall be released from such emergency detention upon- (1) the termination of such emergency by proclamation of the President or by concurrent resolution of the Congress; (2) an order of release issued by the Attorney General; (3) a final order of release after hearing by the Board of Detention Review, hereinafter established; (4) a final order of release by a United States court, after review of the action of the Board of Detention Review, or upon a writ of habeas corpus. Sec. 404. Procedure for Apprehension and Detention (a) The Attorney General, or such officer or officers of the Department of Justice as he may from time to time designate, are authorized during such emergency to execute in writing and to issue- (1) a warrant for the apprehension of each person as to whom there is reasonable ground to believe that such person probably will engage in, or probably will conspire with others to engage in, acts of espionage or sabotage; and (2) an application for an order to be issued pursuant to subsection (d) of this section for the detention of such person for the duration of such emergency. Each such warrant shall issue only upon probable cause, supported by oath or affirmation, and shall particularly describe the person to be apprehended or detained. (b) Warrants for the apprehension of persons under this title shall be served and apprehension of such persons shall be made only by such duly authorized officers of the Department of Justice as the Attorney General may designate. A copy of the warrant for apprehension shall be furnished to any person apprehended under this title. (c) Persons apprehended or detained under this title shall be confined in such places of detention as may be prescribed by the Attorney General. The Attorney General shall provide for all detainees such transportation, food, shelter, and other accommodation and supervision as in his judgment may be necessary to accomplish the purpose of this title. (d) Within forty-eight hours after apprehension, or as soon thereafter as provision for it may be made, each person apprehended pursuant to this section shall be taken before a preliminary hearing officer appointed pursuant to the provisions of this section. Such hearing officer shall inform such person (1) of the grounds upon which application was made for his detention, (2) of his right to retain counsel, (3) of his right to have a preliminary examination, (4) of his right to refrain from making any statement, and (5) of the fact that any statement made by him may be used against him. Such hearing officer shall allow such person reasonable time and opportunity to consult counsel. If such person waives preliminary examination, the hearing officer shall forthwith issue an order for the detention of such person, and furnish to him a copy of such order. If such person does not waive examination, the preliminary hearing officer shall hear evidence within a reasonable time. Such person may introduce evidence in his own behalf, and may cross-examine witnesses against him, except that the Attorney General or his representative shall not be required to furnish information the revelation of which would disclose the identity or evidence of Government agents or officers which he believes it would be dangerous to national safety and security to divulge. Such hearing officer shall record all evidence offered by or on behalf of such person and all objections made by such person to his detention. If from the evidence it appears to the preliminary hearing officer that there is probable cause for the detention of such person pursuant to this title, such hearing officer shall forthwith issue an order for the detention of such person, furnish to him a copy of such order, and advise such person of his right to file with the Detention Review Board established by this title a petition for the review of such order. If from the evidence it appears to the preliminary hearing officer that probable cause for the detention of such person has not been shown, such officer shall issue an order discharging such person from detention, and shall furnish a copy of such order to such person. Upon the entry of such order, such person shall be released from custody by the Attorney General and by any subordinate officer or employee of the United States having custody of such person. Within seven days after the entry of any such order, the preliminary hearing officer shall prepare and transmit to the Attorney General, or such other officer as may be designated by him, (1) a report which shall set forth the result of such preliminary hearing, together with his recommendations with respect to the question whether any order issued for the detention of such person shall be continued in effect or revoked, and (2) any additional written representations or evidence which the detainee or his legal counsel may wish to file with the Attorney General. A copy of such report shall be served promptly upon the detainee or his legal counsel. Preliminary hearing officers may be appointed by the President, without regard to the civil service laws but subject to the Classification Act of 1949, in such numbers, and may serve at such places, as may be necessary for the expeditious consideration of cases involving persons apprehended pursuant to this section. No person who has, within the three years preceding the date of his appointment, served as an officer or employee of the Department of Justice shall be appointed as a preliminary hearing officer. (e) The Attorney General, or such other officers of the Department of Justice as he may designate, shall upon request of any detainee from time to time receive such additional information bearing upon the grounds for the detention as the detainee or any other person may present in writing. If on the basis of such additional information received by the Attorney General or transmitted to him by such officers, he shall find there is no longer reasonable ground to believe that the detainee probably will engage in, or probably will conspire with others to engage in, acts of espionage or sabotage if released, the Attorney General is authorized to issue an order revoking the initial order or any final Board or court order of detention and to release such detainee. The Attorney General is also authorized to modify the order under which any detainee is detained and apply to such detainee such lesser restrictions in movement and activity as the Attorney General shall determine will serve the purposes of this title. (f) In case of Board or court review of any detention order, the Attorney General, or such review officers as he may designate, shall present to the Board, the court, and the detainee to the fullest extent possible consistent with national security, the evidence supporting a finding of reasonable ground for detention in respect to the detainee, but he shall not be required to offer or present evidence of any agents or officers of the Government the revelation of which in his judgment would be dangerous to the security and safety of the United States. (g) The Attorney General is authorized to prescribe such regulations, not inconsistent with the provisions of this title, as he shall deem necessary to promote the effective administration of this title. No such regulation shall require or permit persons detained under the provisions of this title to perform forced labor, or any tasks not reasonably associated with their own comfort and well-being, or to be confined in company with persons who are confined pursuant to the criminal laws of the United States or of any State. (h) Whenever there shall be in existence an emergency within the meaning of this title, the Attorney General shall transmit bimonthly to the President and to the Congress a report of all action taken pursuant to the powers granted in this title. Sec. 405. Detention Review Board (a) The President is hereby authorized to establish a Detention Review Board (referred to in this title as the “Board“) which shall consist of nine members, not more than five of whom shall be members of the same political party, appointed by the President by and with the advice and consent of the Senate. Of the original members of the Board, three shall be appointed for terms of one year each, three for terms of two years each, and three for terms of three years each, but their successors shall be appointed for terms of three years each, subject to termination of the term upon expiration of this title, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as Chairman of the Board. Any member of the Board may be removed by the President, upon notice and hearing, for neglect of duty or for malfeasance in office, but for no other cause. (b) The Board is authorized to establish divisions thereof, each of which shall consist of not less than three of the members of the Board. Each such division may be delegated any or all of the powers which the Board may exercise. A vacancy in the Board shall not impair the right of the remaining members to exercise all of the powers of the Board, and five members of the Board shall at all times constitute a quorum of the Board, except that two members shall constitute a quorum of any division established pursuant to this subsection. The Board shall have an official seal which shall be judicially noticed. (c) At the close of each fiscal year the Board shall make a report in writing to the Congress and to the President stating in detail the cases it has heard, the decisions it has rendered, the names, salaries, and duties of all employees and officers in the employ or under the supervision of the Board, and an account of all moneys it has disbursed. (d) In the event of a proclamation by the President or a concurrent resolution of the Congress terminating the existence of a state of emergency, and after the release of all detainees and the conclusion of all pending matters before the Board and of all pending appeals in the courts from orders of the Board, the President shall within a reasonable time dissolve and terminate the Board and all of its authority, powers, functions, and duties. Such termination shall not preclude the subsequent establishment by the President, pursuant to this title, of another Board with all of the rights, authority, and duties prescribed by this title, in the event that he shall proclaim another emergency or shall determine that the proclamation of such an emergency may soon be essential to the national security. Sec. 406. Detention Review Board membership. (a) Each member of the Board shall receive a salary of $12,500 a year, shall be eligible for reappointment, and shall not engage in any other business, vocation, or employment. The Board shall appoint an executive secretary, and such attorneys and other employees as it may from time to time find necessary for the proper performance of its duties. The Board may establish or utilize such regional, local, or other agencies, and utilize such voluntary and uncompensated services, as may from time to time be needed. (b) All of the expenses of the Board, including all necessary traveling and subsistence expenses outside the District of Columbia incurred by the members or employees of the Board under its orders, shall be paid out of appropriations made therefor, and there are hereby authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary for that purpose. Sec. 407. The principal office of the Board shall be in the District of Columbia, but it may meet and exercise any or all of its powers at any other place. The Board may conduct any hearing necessary to its functions in any part of the United States. Sec. 408. The Board shall have authority from time to time to make, amend, and rescind, in the manner prescribed by the Administrative Procedure Act, such rules and regulations as may be necessary to carry out the provisions of this title. All procedures of the Board shall be subject to the applicable provisions of the Administrative Procedure Act. Sec. 409. Detention Review Board powers. (a) Any Board created under this title is empowered- (1) to review upon petition of any detainee any order of detention issued pursuant to section 104 (d) of this title; (2) to determine whether there is reasonable ground to believe that such detainee probably will engage in, or conspire with others to engage in, espionage or sabotage; (3) to issue orders confirming, modifying, or revoking any such order of detention; and (4) to hear and determine any claim made pursuant to this paragraph by any person who shall have been detailed pursuant to this title and shall have been released from such detention, for loss of income by such person resulting from such detention if without reasonable grounds. Upon the issuance of any final order for indemnification pursuant to this paragraph, the Attorney General is authorized and directed to make payment of such indemnity to the person entitled thereto from such funds as may be appropriated to him for such purpose. (b) Whenever a petition for review of an order for detention issued pursuant to section 104 (d) of this title or for indemnification pursuant to the preceding subsection shall have been filed with the Board in accordance with such regulations as may be prescribed by the Board, the Board shall provide for an appropriate hearing upon due notice to the petitioner and the Attorney General at a place therein fixed, not less than fifteen days after the serving of said notice and not more than forty-five days after the filing of such petition. (c) In any case arising from a petition for review of an order for detention issued pursuant to section 104 (d) of this title, the Board shall require the Attorney General to inform such detainee of grounds on which his detention was instituted, and to furnish to him as full particulars of the evidence as possible, including the identity of informants, subject to the limitation that the Attorney General may not be required to furnish information the revelation of which would disclose the identity or evidence of Government agents or officers which he believes it would be dangerous to national safety and security to divulge. (d) (1) Any member of the Board shall have the power to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence relating to the matter under review before the Board or any hearing examiner conducting any hearing authorized by this title. Any hearing examiner of the Board may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the United States or any Territory or possession thereof, at any designated place of hearing. (2) In case of contumacy or refusal to obey a subpena issued to any person, any district court of the United States or the United States courts of any Territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Board shall have jurisdiction to issue to such person an order requiring such person to appear before the Board or its hearing examiner, there to produce evidence if so ordered, or there to give testimony touching the matter under review; and any failure to obey such order of the court may be punished by said court as a contempt thereof. (e) (1) Notices, orders, and other process and papers of the Board, or any hearing examiner thereof, shall be served upon the detainee personally and upon his attorney or designated representative. Such process and papers may be served upon the Attorney General or such other officers as may be designated by him for such purpose, and upon any other interested persons either personally or by registered mail or by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of the same, and the return post-office receipt or telegraph receipt therefor when registered and mailed or telegraphed as aforesaid shall be proof of service of the same. Witnesses summoned before the Board, or any hearing examiner thereof, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States. (2) All process of any court to which application may be made under this title may be served in the judicial district wherein the person required to be served resides or may be found. (3) The several departments and agencies of the Government, when directed by the President, shall furnish the Board, upon its request, all records, papers, and information in their possession relating to any matter before the Board. (f) Every detainee shall be afforded full opportunity to be represented by counsel at the preliminary hearing prescribed by this title and in all stages of the detention review proceedings, including the hearing before the Board and any judicial review, and he shall have the right at hearings of the Board to testify, to have compulsory process for obtaining witnesses in his favor, and to cross-examine adverse witnesses. (g) In any proceeding before the Board under this title the Board and its hearing examiners are authorized to consider under regulations designed to protect the national security any evidence of Government agencies and officers the full text or content of which cannot be publicly revealed for reasons of national security, but which the Attorney General in his discretion offers to present. The testimony taken before the Board or its hearing examiners shall be reduced to writing and filed with the Board. Thereafter, in its discretion, the Board upon notice may take further testimony or hear argument. (h) In deciding the question of the existence of reasonable ground to believe a person probably will engage in or conspire with others to engage in espionage or sabotage, the Attorney General, any preliminary hearing officer, and the Board of Detention Review are authorized to consider evidence of the following: (1) Whether such person has knowledge of or has received or given instruction or assignment in the espionage, counterespionage, or sabotage service or procedures of a government or political party of a foreign country, or in the espionage, counterespionage, or sabotage service or procedures of the Communist Party of the United States or of any other organization or political party which seeks to overthrow or destroy by force and violence the Government of the United States or of any of its subdivisions and to substitute therefor a totalitarian dictatorship controlled by a foreign government, and whether such knowledge, instruction, or assignment has been acquired or given by reason of civilian, military, or police service with the United States Government, the governments of the several States, their political subdivisions, the District of Columbia, the Territories, the Canal Zone, or the insular possessions, or whether such knowledge has been acquired solely by reason of academic or personal interest not under the supervision of or in preparation for service with the government of a foreign country or a foreign political party, or whether, by reason of employment at any time by the Department of Justice or the Central Intelligence Agency, such person has made full written disclosure of such knowledge or instruction to officials within those agencies and such disclosure has been made a matter of record in the files of the agency concerned; (2) Any past act or acts of espionage or sabotage committed by such person, or any past participation by such person in any attempt or conspiracy to commit any act of espionage or sabotage, against the United States, any agency or instrumentality thereof, or any public or private national defense facility within the United States; (3) Activity in the espionage or sabotage operations of, or the holding at any time after January 1, 1949, of membership in, the Communist Party of the United States or any other organization or political party which seeks to overthrow or destroy by force and violence the Government of the United States or of any of its political subdivisions and the substitution therefor of a totalitarian dictatorship controlled by a foreign government. (i) The authorization of the Attorney General and the Board of Detention Review to consider the evidence set forth in the previous subsection shall not be construed as a direction to detain any person as to whom such evidence exists, but in each case the Attorney General or the Board of Detention Review shall decide whether, on all the evidence, there is reasonable ground to believe the detainee or possible detainee probably will engage in, or conspire with others to engage in, espionage or sabotage. (j) In any proceeding involving a claim for the payment of any indemnity pursuant to the provisions of this title, the Board and its hearing examiners may receive evidence having probative value concerning the nature and extent of the income lost by the claimant as a result of his detention. Sec. 410. Orders of the Board (a) If upon all the testimony taken in any proceeding for the review of any order of detention issued pursuant to section 104 (d) of this title, the Board shall determine that there is not reasonable ground to believe that the detainee in question probably will engage in, or conspire with others to engage in, espionage or sabotage, the Board shall state its findings of fact and shall issue and serve upon the Attorney General or order revoking the order for detention of the detainee concerned and requiring the Attorney General, and any officer designated by him for the supervision or control of the detention of such person, to release such detainee from custody; and shall forthwith serve a copy of such order upon the detainee. (b) If upon all the testimony taken in any proceeding for the review of any such order for detention involving a claim for indemnity pursuant to this title, or in any other proceeding brought before the Board for the assertion of a claim to such indemnity, the Board shall determine that the claimant is entitled to receive such indemnity, the Board shall state its findings of fact and shall issue and serve upon the Attorney General an order requiring him to pay to such claimant the amount of such indemnity; and shall forthwith serve a copy of such order upon such claimant. If upon all the testimony taken in any proceeding involving a claim for indemnity or for the ascertainment of any such claim, the Board shall determine that the claimant is not entitled to receive such indemnity, the Board shall state its finding of fact in sufficient detail to apprise the claimant of the grounds for its decision and shall issue and serve upon the claimant an order denying such claim and dismissing his petition so far as it pertains to such claim. (c) If upon all the testimony taken in any proceeding for the review of any such order for detention, the Board shall determine that there is reasonable ground to believe that the detainee probably will engage in, or conspire with others to engage in, espionage or sabotage, the Board shall state its findings of fact in sufficient detail to apprise the detainee of the grounds for its decision and shall issue and serve upon the detainee an order dismissing the petition and confirming the order of detention. (d) In case the evidence is presented before a hearing examiner such examiner shall issue and cause to be served on the parties to the proceeding a proposed report, together with a recommended order, which shall be filed with the Board, and if no exceptions are filed within twenty days after service thereof upon such parties, or within such further period as the Board may authorize, such recommended order shall become the order of the Board and become effective as therein prescribed. (e) Until a transcript of the record in a case shall have been filed in a court, as hereinafter provided, the Board may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it. Sec. 411. Judicial Review (a) Any petitioner aggrieved by an order of the Board denying in whole or in part the relief sought by him, or by the failure or refusal of the Attorney General to obey such order, shall be entitled to the judicial review or judicial enforcement, provided hereinafter in this section. (b) In the case of any order of the Board granting any indemnity to any petitioner, the Attorney General shall be entitled to the judicial review of such order provided hereinafter in this section. (c) Any party entitled to judicial review or enforcement under subsection (a) or (b) of this section shall be entitled to receive such review or enforcement in any United States court of appeals for the circuit wherein the petitioner is detained or resides by filing in such court within sixty days from the date of service upon the aggrieved party of such order of the Board a written petition praying that such order be modified or set aside or enforced, except that in the case of a petition for the enforcement of a Board order, the petitioner shall have a further period of sixty days after the Board order has become final within which to file the petition herein required. A copy of such petition by any petitioner other than the Attorney General shall be forthwith served upon the Attorney General and upon the Board, and a copy of any such petition filed by the Attorney General shall be forthwith served upon the person with respect to whom relief is sought and upon the Board. The Board shall thereupon file in the court a duly certified transcript of the entire record of the proceedings before the Board with respect to the matter concerning which judicial review is sought, including all evidence upon which the order complained of was entered, the findings and order of the Board. In the case of a petition for enforcement, under subsection (a) of this section, the petitioner shall file with his petition a statement under oath setting forth in full the facts and circumstances upon which he relies to show the failure or refusal of the Attorney General to obey the order of the Board. Thereupon the court shall have jurisdiction of the proceeding and shall have power to affirm, modify, or set aside, or to enforce or enforce as modified the order of the Board. The findings of the Board as to the facts, if supported by reliable, substantial, and probative evidence, shall be conclusive. (d) If either party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the hearing before the Board or its hearing examiner the court may order such additional evidence to be taken before the Board or its hearing examiner and to be made a part of the transcript. The Board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact if supported by reliable, substantial, and probative evidence on the record considered as a whole shall be conclusive, and shall file its recommendations, if any, for the modification or setting aside of its original order. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in title 28, United States Code, section 1254. (e) The commencement of proceedings by the Attorney General for judicial review under subsection (b) of this section shall, if he so requests, operate as a stay of the Board's order. (f) Any order of the Board shall become final- (1) upon the date of entry thereof by the Board, if such order is not subject to judicial review; or (2) upon the expiration of the time allowed for filing a petition for review or enforcement, if such order is subject to judicial review and no such petition has been duly filed within such time; or (3) upon the expiration of the time allowed for filing a petition for certiorari, if such order is subject to judicial review and the order of the Board has been affirmed or the petition for review or enforcement dismissed by a United States court of appeals, and no petition for certiorari has been duly filed; or (4) upon the denial of a petition for certiorari, if such order is subject to judicial review and the order of the Board has been affirmed or the petition for review or enforcement dismissed by a United States court of appeals; or (5) upon the expiration of ten days from the date of issuance of the mandate of the Supreme Court, if such order is subject to judicial review and such Court directs that the order of the Board be affirmed or that the petition for review or enforcement be dismissed. (g) Nothing contained in this section shall be construed to deprive any person of any relief to which he may be entitled under the Administrative Procedure Act. Sec. 412. Criminal Provisions Whoever, being named in a warrant for apprehension or order of detention as one as to whom there is reasonable ground to believe that he probably will engage in, or conspire with others to engage in, espionage or sabotage, or being under confinement or detention pursuant to this title, shall resist or knowingly disregard or evade apprehension pursuant to this title or shall escape, attempt to escape or conspire with others to escape from confinement or detention ordered and instituted pursuant to this title, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. Sec. 413. Criminal evasion. Whoever knowingly- (a) advises, aids, assists, or procures the resistance, disregard, or evasion of apprehension pursuant to this title by any person named in a warrant or order of detention as one as to whom there is reasonable ground to believe that such person probably will engage in, or conspire with others to engage in espionage or sabotage; or (b) advises, aids, assists, or procures the escape from confinement or detention pursuant to this title of any person so named; or (c) aids, relieves, transports, harbors, conceals, shelters, protects, or otherwise assists any person so named for the purpose of the evasion of such apprehension by such person or the escape of such person from such confinement or detention; or (d) attempts to commit or conspires with any other person to commit any act punishable under subsections (a), (b), or (c) of this section, shall be fined not more than $10,000, or imprisoned nor more than ten years, or both. Sec. 414. Any person who shall willfully resist, prevent, impede, or interfere with any member of the Board or any of its agents or agencies in the performance of duties pursuant to this Act shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both. TITLE V—NATIONAL MILITIA MOVEMENT Sec. 500. Short Title. This title may be cited as the “National Militia Act of 2026“. Sec. 501. Formation of a National Militia Movement The United States National Militia Movement (henceforth National Militia Movement or NMM) shall be a federal and state organized body of people and organizations, authorized by the National Militia Authorization Agency which is subordinate to the Veterans' Administration, who shall be able to use force to protect the America from certain threats to domestic tranquility and national security. Sec. 502. Executive restriction authority The President of the United States shall be authorized to restrict the authorization of the militia movement at a federal level; the Governors of the States and Territories of the United States shall have the authority to restrict the authorization of militia further, including to require them to abide by local firearms control laws; Sec. 503. Financial relationship No member militia of the National Militia Movement shall be authorized to receive any federal funds, except as explicitly allowed by federal law, and they must pay membership fees as set by the NMA. Their members shall not be deprived of funding to which they are otherwise entitled by the government. Sec. 504. Authorization restrictions No militia which refuses to abide by United States law, the Dennis v. United States decision of the United States Supreme Court, and the authority of their state and local government shall be allowed authorization, regardless of any lack of ideological support for the decision. Sec. 505. Clarification of legal status for non-Authorized Militia Militia which are neither members of the National Militia Movement nor engaging in illegal activity shall remain legal. Sec. 506. Criminal restriction No organization which has been found guilty of racketeering, terrorism, sedition, insurrection, or any comparable crime shall never be able to gain or maintain authorization as part of the NMM; no person convicted of any such felony shall be able to serve in, lead, or establish any such militia. Sec. 507. Veteran militia The President and/or the VA may choose to provide aid, support, leniency, and/or additional authorization for veteran-only and veteran-led organizations, so long as: (a) veterans, the children of living veterans, and current active or reserve Department of Defense, National Guard, State Defense Force, or U.S. Coast Guard compose at least 60% of its membership, (b) the militia is affiliated to a 501(c)(23) veterans organization, or (c) the militia is actively substituting for the US military or law enforcement in a combat or support role and said aid, support, leniency, and/or additional authorization is granted solely for the purpose of said substitution. Sec. 508. State involvement States may choose to fund NMM so long as it is not in exchange for them performing any activity which violates any federal, state, or local law. They may not restrict NMM activities in such a way that is intended to defy federal law, but may otherwise impose regulations on their activity. Sec. 509. State authorization clarification This Title shall not be interpreted or anything within it defined as expanding the preexisting authority of states over non-NMM militia. This Title shall not be interpreted or anything within it defined as expanding the preexisting authority of states over NMM organizations. Sec. 510. Militia discrimination Discrimination by the United States and by the States against NMM or non-NMM militia and their memberships shall be prohibited, except in such cases as it shall be justified by violation of the OCCA or another law meant to combat organized crime. Sec. 511. Deployment Militia may volunteer to be deployed to a role in either civilian law enforcement or federal military deployment. Sec. 512. Authorization scope NMM are authorized to: (a) combat and arrest organized violators of federal law, including organizations which are designated by the President or Department of Homeland Security as foreign or domestic terrorist organizations, (b) engage in any activities in which non-NMM militia are legally allowed to engage, (c) act as a reserve force and volunteer to be deployed in place of regular military personnel, (d) conduct surveillance in situations where warrants are not necessary, (e) supplement regular police forces when specifically allowed to do so by said police forces or during emergency situations otherwise, (f) rent access to unused federal law enforcement and military training facilities, (g) defend the borders of the United States in cooperation with the United States Border Patrol and Coast Guard, and (h) purchase assets ordinarily not accessible to civilians that are authorized by the NMA for NMM militia usage and subjected to excise taxation by the NMA. Sec. 513. Financial restriction The NMA shall be prohibited from using deficit spending to pay for its operations or for subsidies to NMM militia. Sec. 514. NMM revenue The NMA may establish taxes and fees for NMM militia and shall also be able to derive revenue from other sources allowed by this Title. The NMA may not establish an excise tax on the purchase of assets that are ordinarily accessible to civilians. Sec. 515. Rules of combat The NMA shall be authorized to regulate NMM militia and establish rules of combat and penalties for violations of said rules. TITLE VI-GEORGE ZIMMERMAN CRIME CONTROL ACT Sec. 600. Short title This title may be cited as the “George Zimmeman Act of 2018“. Sec. 601. National Reciprocity Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: “§ 926D. Reciprocity for the carrying of certain concealed firearms “(a) Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection (b)) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State that— “(1) has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm; or “(2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes. “(b) This section shall not be construed to supersede or limit the laws of any State that— “(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or “(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. “(c) (1) A person who carries or possesses a concealed handgun in accordance with subsections (a) and (b) may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for by this section. Presentation of facially valid documents as specified in subsection (a) is prima facie evidence that the individual has a license or permit as required by this section. “(2) When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsections (a) and (b). “(3) When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee. “(d) (1) A person who is deprived of any right, privilege, or immunity secured by this section, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages or other appropriate relief. “(2) The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney’s fee. “(e) In subsection (a): “(1) The term ‘identification document’ means a document made or issued by or under the authority of the United States Government, a State, or a political subdivision of a State which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals. “(2) The term ‘handgun’ includes any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine. “(f) (1) A person who possesses or carries a concealed handgun under subsection (a) shall not be subject to the prohibitions of section 922(q) with respect to that handgun. “(2) A person possessing or carrying a concealed handgun in a State under subsection (a) may do so in any of the following areas in the State that are open to the public: “(A) A unit of the National Park System. “(B) A unit of the National Wildlife Refuge System. “(C) Public land under the jurisdiction of the Bureau of Land Management. “(D) Land administered and managed by the Army Corps of Engineers. “(E) Land administered and managed by the Bureau of Reclamation. “(F) Land administered and managed by the Forest Service.”. Sec. 602. Clerical amendment The table of sections for such chapter is amended by inserting after the item relating to section 926C the following: “926D. Reciprocity for the carrying of certain concealed firearms.”. Sec. 603. Effective date The amendments made by sections 601, 602, 604, and 605 shall take effect 90 days after the date of the enactment of this Act. Sec. 604. Certain off-duty law enforcement officers and retired law enforcement officers allowed to carry a concealed firearm, and discharge a firearm, in a school zone. Section 922(q) of title 18, United States Code, is amended— (1) in paragraph (2)(B)— (A) by striking “or” at the end of clause (vi); and (B) by redesignating clause (vii) as clause (ix) and inserting after clause (vi) the following: “(vii) by an off-duty law enforcement officer who is a qualified law enforcement officer (as defined in section 926B) and is authorized under such section to carry a concealed firearm, if the firearm is concealed; “(viii) by a qualified retired law enforcement officer (as defined in section 926C) who is authorized under such section to carry a concealed firearm, if the firearm is concealed; or”; and (2) in paragraph (3)(B)— (A) by striking “or” at the end of clause (iii); (B) by striking the period at the end of clause (iv) and inserting a semicolon; and (C) by adding at the end the following: “(v) by an off-duty law enforcement officer who is a qualified law enforcement officer (as defined in section 926B) and is authorized under such section to carry a concealed firearm; or “(vi) by a qualified retired law enforcement officer (as defined in section 926C) who is authorized under such section to carry a concealed firearm.”. Sec. 605. Interstate carrying of firearms by Federal judges Chapter 44 of title 18, United States Code, as amended by section 101(a) of this Act, is amended by inserting after section 926D the following: “§ 926E. Interstate carrying of firearms by Federal judges “Notwithstanding any provision of the law of any State or political subdivision thereof, a Federal judge may carry a concealed firearm in any State if such judge is not prohibited by Federal law from receiving a firearm.”. Sec. 606. Clerical amendment The table of sections for such chapter, as amended by this Act, is amended by inserting after the item relating to section 926D the following: “926E. Interstate carrying of firearms by Federal judges”. Sec. 607. Gun importation expanded 26 U.S. Code § 5844 is amended by inserting after subsection (3) the following: “(4). being imported or brought in for commercial distribution via registered dealers.” Sec. 608. Grammatical amendment 26 U.S. Code § 5844 is amended by adding the word “or“ to the end of subsection (3). TITLE VII-Improvements to Judicial Procedures Sec. 701. Sec. 702. Civil actions for harm caused by repeat offenders released pending trial. (a) Civil action.—If a judge or another government entity issues an order releasing a covered defendant on bail pending trial, and the covered defendant harms another person during such release, that person (or an immediate family member of that person if the person is deceased), may bring a civil action against the judge or other government entity in an appropriate district court of the United States seeking damages. (b) No judicial immunity.—Judicial immunity is not a defense in a civil action under this section. (c) Definitions.—In this section: (1) The term “covered defendant” means an individual who is charged with a crime of violence and has previously been convicted of a crime of violence. (2) The term “crime of violence” has the meaning given that term in section 16 of title 18, United States Code. (3) The term “judge” includes Federal and State judges. TITLE VII-Making Elections Great Again Sec. 801. Census of population timing modifications and apportionment based only on number of citizens. (a) Census.—Section 141 of title 13, United States Code, is amended— (1) in subsection (a), by striking the first sentence and inserting the following: “The Secretary shall, on the date of the enactment of the Making American Elections Great Again Act and every 10 years thereafter, take a decennial census of population. The date on which such census is conducted shall be known as the ‘decennial census date’. Any such census may be conducted in such form and content as the Secretary may determine, including the use of sampling procedures and special surveys.”; (2) in subsection (d)— (A) by striking “in the year 1985 and every 10 years thereafter” and inserting “in the year that is 5 years after the year a decennial census of population is conducted under subsection (a) and every 10 years thereafter”; and (B) by striking the last sentence and inserting the following: “The census under this subsection shall be taken on the date that is 5 years after the date a decennial census of population is conducted under subsection (a), as amended by the Making American Elections Great Again Act, and that date shall be known as the ‘mid-decade census date’.”; (3) by redesignating subsection (g) as subsection (h); and (4) by inserting after subsection (f) the following: “(g) In conducting the census required by subsection (a), as amended by the Making American Elections Great Again Act, and each decennial census thereafter, the Secretary shall include in any questionnaire distributed or otherwise used for the purpose of determining the total population by States a checkbox or other similar option for the respondent to indicate, for the respondent and for each of the members of the household of the respondent, whether such individual is a citizen of the United States.”. (b) Apportionment.— (1) EXCLUSION OF NONCITIZENS FROM NUMBER OF PERSONS USED TO DETERMINE APPORTIONMENT OF REPRESENTATIVES AND NUMBER OF ELECTORAL VOTES.— (A) EXCLUSION.—Section 22(a) of the Act entitled “An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress”, approved June 18, 1929 (2 U.S.C. 2a(a)), is amended by inserting after “not taxed” the following: “and individuals who are not citizens of the United States”. (B) EFFECTIVE DATE.—The amendment made by subparagraph (A) shall apply with respect to the apportionment of Representatives carried out pursuant to paragraph (2) and any decennial census thereafter. (2) APPORTIONMENT UNDER NEW CENSUS.—For purposes of establishing the number of districts for the election of Representatives in a State with respect to the One Hundred Twentieth Congress, each State shall, immediately after the date of the completion of the first census required under section 141(a) of title 13, United States Code, as amended by subsection (a) of this section, begin to carry out redistricting pursuant to the apportionment of Members of the House of Representatives as a result of such census. Sec. 802. Requirement to provide government photo identification and proof of United States citizenship to vote in Federal elections. (a) Requirement To provide government photo identification and proof of United States citizenship as condition of casting ballot.—Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section: “SEC. 303A. Government photo identification and proof of United States citizenship required to vote in Federal elections. “(a) Provision of government photo identification and proof of United States citizenship required as condition of casting ballot.— “(1) INDIVIDUALS VOTING IN PERSON.— “(A) IN GENERAL.—Notwithstanding any other provision of law, the appropriate State or local election official may not provide a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official— “(i) a document that is both proof of United States citizenship and government photo identification; or “(ii) a document that is proof of United States citizenship, together with a document that is government photo identification, if— “(I) the name of the applicant is identical on both such documents; or “(II) in the case that the name of the applicant is not identical on both such documents, the applicant provides evidence sufficient to demonstrate that the name of such applicant has changed, such as a court order, marriage certificate, divorce decree, or other vital document record. “(B) AVAILABILITY OF PROVISIONAL BALLOT.—If an individual does not present the identification required under subparagraph (A), the individual shall be permitted to cast a provisional ballot with respect to the election under section 302(a) but such provisional ballot may only be counted as a vote in that election in accordance with State law if the individual is verified as a citizen of the United States by the appropriate State or local election official under section 302(a)(4). “(2) INDIVIDUALS VOTING OTHER THAN IN PERSON.— “(A) IN GENERAL.—Notwithstanding any other provision of law, the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes other than in person unless the individual submits with the ballot— “(i) a copy of a document that is both proof of United States citizenship and government photo identification; or “(ii) a copy of a document that is proof of United States citizenship, together with a copy of a document that is government photo identification, if— “(I) the name of the applicant is identical on both such documents; or “(II) in the case that the name of the applicant is not identical on both such documents, the applicant provides evidence sufficient to demonstrate that the name of such applicant has changed, such as a court order, marriage certificate, divorce decree, or other vital document record. “(B) AVAILABILITY OF PROVISIONAL BALLOT.—An individual who desires to vote by mail but who does not meet the requirements of subparagraph (A) may cast such a ballot by mail and the ballot shall be counted as a provisional ballot in accordance with section 302(a) but such provisional ballot may only be counted as a vote in that election in accordance with State law if the individual is verified as a citizen of the United States by the appropriate State or local election official under section 302(a)(4). “(b) Definitions.—In this section: “(1) GOVERNMENT PHOTO IDENTIFICATION.—The term ‘government photo identification’ means, with respect to an applicant for voter registration, a valid identification card issued by a Federal, State, or Tribal government that includes— “(A) a photograph of the applicant; “(B) the full name of the applicant; and “(C) the date of birth of the applicant. “(2) PROOF OF UNITED STATES CITIZENSHIP.—The term ‘proof of United States citizenship’ means, with respect to an applicant for voter registration, any of the following: “(A) A valid United States passport. “(B) A United States military record of service showing that the place of birth of the applicant was in the United States. “(C) A valid photo identification card issued by a Federal, State, or Tribal government showing that the place of birth of the applicant was in the United States. “(D) A certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government which— “(i) was issued by the State, unit of local government, or Tribal government in which the applicant was born; “(ii) was filed with the office responsible for keeping vital records in the State; “(iii) includes the full name, date of birth, and place of birth of the applicant; “(iv) lists the full names of one or both of the parents of the applicant; “(v) has the signature of an individual who is authorized to sign birth certificates on behalf of the State, unit of local government, or Tribal government in which the applicant was born; “(vi) includes the date that the certificate was filed with the office responsible for keeping vital records in the State; and “(vii) has the seal of the State, unit of local government, or Tribal government that issued the birth certificate. “(E) An extract from a United States hospital Record of Birth created at the time of the birth of the applicant that indicates that the applicant’s place of birth was in the United States. “(F) A final adoption decree showing the name of the applicant and that the applicant’s place of birth was in the United States. “(G) A Consular Report of Birth Abroad of a citizen of the United States or a certification of the applicant’s Report of Birth of a United States citizen issued by the Secretary of State. “(H) A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security or any other document or method of proof of United States citizenship issued by the Federal government pursuant to title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.). “(I) An American Indian Card issued by the Department of Homeland Security with the classification ‘KIC’.”. (b) Criminal penalties.—Section 12(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20511(2)) is amended— (1) by striking “or” at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (D); and (3) by inserting after subparagraph (A) the following new subparagraphs: “(B) providing material assistance to a noncitizen in attempting to vote in an election for Federal office; “(C) providing a ballot for an election for Federal office to an individual who fails to present government photo identification and proof of United States citizenship; or”. (c) Conforming and clerical amendments.— (1) CONFORMING AMENDMENTS RELATING TO REPEAL OF EXISTING PHOTO IDENTIFICATION REQUIREMENTS FOR CERTAIN VOTERS.—Section 303 of the Help America Vote Act of 2002 (52 U.S.C. 21083) is amended— (A) in the heading, by striking “and requirements for voters who register by mail”; (B) in subsection (b)— (i) in the heading, by striking “for Voters Who Register by Mail” and inserting “for Mail-In Registration Forms”; and (ii) by striking paragraphs (1), (2), and (3) and redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; and (C) in subsection (c), by striking “subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)” and inserting “subsection (a)(5)(A)(i)(II)”. (2) CONFORMING AMENDMENT RELATED TO ENFORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) is amended by striking “sections 301, 302, 303, and 304” and inserting “subtitle A of title III”. (3) CLERICAL AMENDMENT.—The table of contents of such Act is amended— (A) by amending the item relating to section 303 to read as follows: “Sec. 303. Computerized statewide voter registration list requirements.”; and (B) by inserting after the item relating to section 303 the following: “Sec. 303A. Proof of United States citizenship to vote in Federal elections.”. (d) Effective date.—This section and the amendments made by this section shall apply with respect to any regularly scheduled general election for Federal office occurring in November 2026 and any Federal election thereafter. Sec. 803. Ensuring only citizens are registered to vote in elections for Federal office. (a) Definition of documentary proof of United States citizenship.—Section 3 of the National Voter Registration Act of 1993 (52 U.S.C. 20502) is amended— (1) by striking “As used” and inserting “(a) In general.—As used”; and (2) by adding at the end the following: “(b) Documentary proof of United States citizenship.—As used in this Act, the term ‘documentary proof of United States citizenship’ means, with respect to an applicant for voter registration, any of the following: “(1) A form of identification issued consistent with the requirements of the REAL ID Act of 2005 that indicates the applicant is a citizen of the United States. “(2) A valid United States passport. “(3) The applicant's official United States military identification card, together with a United States military record of service showing that the applicant's place of birth was in the United States. “(4) A valid government-issued photo identification card issued by a Federal, State or Tribal government showing that the applicant’s place of birth was in the United States. “(5) A valid government-issued photo identification card issued by a Federal, State or Tribal government other than an identification described in paragraphs (1) through (4), but only if presented together with one or more of the following: “(A) A certified birth certificate issued by a State, a unit of local government in a State, or a Tribal government which— “(i) was issued by the State, unit of local government, or Tribal government in which the applicant was born; “(ii) was filed with the office responsible for keeping vital records in the State; “(iii) includes the full name, date of birth, and place of birth of the applicant; “(iv) lists the full names of one or both of the parents of the applicant; “(v) has the signature of an individual who is authorized to sign birth certificates on behalf of the State, unit of local government, or Tribal government in which the applicant was born; “(vi) includes the date that the certificate was filed with the office responsible for keeping vital records in the State; and “(vii) has the seal of the State, unit of local government, or Tribal government that issued the birth certificate. “(B) An extract from a United States hospital Record of Birth created at the time of the applicant's birth which indicates that the applicant’s place of birth was in the United States. “(C) A final adoption decree showing the applicant’s name and that the applicant’s place of birth was in the United States. “(D) A Consular Report of Birth Abroad of a citizen of the United States or a certification of the applicant’s Report of Birth of a United States citizen issued by the Secretary of State. “(E) A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security or any other document or method of proof of United States citizenship issued by the Federal government pursuant to the Immigration and Nationality Act. “(F) An American Indian Card issued by the Department of Homeland Security with the classification ‘KIC’.”. (b) In general.—Section 4 of the National Voter Registration Act of 1993 (52 U.S.C. 20503) is amended— (1) in subsection (a), by striking “subsection (b)” and inserting “subsection (c)”; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following new subsection: “(b) Requiring applicants To present documentary proof of United States citizenship.—Under any method of voter registration in a State, the State shall not accept and process an application to register to vote in an election for Federal office unless the applicant presents documentary proof of United States citizenship with the application.”. (c) Registration with application for motor vehicle driver’s license.—Section 5 of the National Voter Registration Act of 1993 (52 U.S.C. 20504) is amended— (1) in subsection (a)(1), by striking “Each State motor vehicle driver's license application” and inserting “Subject to the requirements under section 8(j), each State motor vehicle driver's license application”; (2) in subsection (c)(1), by striking “Each State shall include” and inserting “Subject to the requirements under section 8(j), each State shall include”; (3) in subsection (c)(2)(B)— (A) in clause (i), by striking “and” at the end; (B) in clause (ii), by adding “and” at the end; and (C) by adding at the end the following new clause: “(iii) verify that the applicant is a citizen of the United States;”; (4) in subsection (c)(2)(C)(i), by striking “(including citizenship)” and inserting “, including the requirement that the applicant provides documentary proof of United States citizenship”; and (5) in subsection (c)(2)(D)(iii), by striking “; and” and inserting the following: “, other than as evidence in a criminal proceeding or immigration proceeding brought against an applicant who knowingly attempts to register to vote and knowingly makes a false declaration under penalty of perjury that the applicant meets the eligibility requirements to register to vote in an election for Federal office; and”. (d) Requiring documentary proof of United States citizenship with national mail voter registration form.—Section 6 of the National Voter Registration Act of 1993 (52 U.S.C. 20505) is amended— (1) in subsection (a)(1)— (A) by striking “Each State shall accept and use” and inserting “Subject to the requirements under section 8(j), each State shall accept and use”; and (B) by striking “Federal Election Commission” and inserting “Election Assistance Commission”; (2) in subsection (b), by adding at the end the following: “The chief State election official of a State shall take such steps as may be necessary to ensure that residents of the State are aware of the requirement to provide documentary proof of United States citizenship to register to vote in elections for Federal office in the State.”; (3) in subsection (c)(1)— (A) in subparagraph (A), by striking “and” at the end; (B) in subparagraph (B) by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new subparagraph: “(C) the person did not provide documentary proof of United States citizenship when registering to vote.”; and (4) by adding at the end the following new subsection: “(e) Ensuring proof of United States citizenship.— “(1) PRESENTING PROOF OF UNITED STATES CITIZENSHIP TO ELECTION OFFICIAL.—An applicant who submits the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a) shall not be registered to vote in an election for Federal office unless— “(A) the applicant presents documentary proof of United States citizenship in person to the office of the appropriate election official not later than the deadline provided by State law for the receipt of a completed voter registration application for the election; or “(B) in the case of a State which permits an individual to register to vote in an election for Federal office at a polling place on the day of the election and on any day when voting, including early voting, is permitted for the election, the applicant presents documentary proof of United States citizenship to the appropriate election official at the polling place not later than the date of the election. “(2) NOTIFICATION OF REQUIREMENT.—Upon receiving an otherwise completed mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a), the appropriate election official shall transmit a notice to the applicant of the requirement to present documentary proof of United States citizenship under this subsection, and shall include in the notice instructions to enable the applicant to meet the requirement. “(3) ACCESSIBILITY.—Each State shall, in consultation with the Election Assistance Commission, ensure that reasonable accommodations are made to allow an individual with a disability who submits the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) or a form described in paragraph (1) or (2) of subsection (a) to present documentary proof of United States citizenship to the appropriate election official.”. (e) Requirements for voter registration agencies.—Section 7 of the National Voter Registration Act of 1993 (52 U.S.C. 20506) is amended— (1) in subsection (a)— (A) in paragraph (4)(A), by adding at the end the following new clause: “(iv) Receipt of documentary proof of United States citizenship of each applicant to register to vote in elections for Federal office in the State.”; and (B) in paragraph (6)— (i) in subparagraph (A)(i)(I), by striking “(including citizenship)” and inserting “, including the requirement that the applicant provides documentary proof of United States citizenship”; and (ii) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (iii) by inserting after subparagraph (A) the following new subparagraph: “(B) ask the applicant the question, ‘Are you a citizen of the United States?’ and if the applicant answers in the affirmative require documentary proof of United States citizenship prior to providing the form under subparagraph (C);”; and (2) in subsection (c)(1), by inserting “who are citizens of the United States” after “for persons”. (f) Requirements with respect to administration of voter registration.—Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended— (1) in subsection (a)— (A) by striking “In the administration of voter registration” and inserting “Subject to the requirements of subsection (j), in the administration of voter registration”; and (B) in paragraph (3)— (i) in subparagraph (B), by striking “or” at the end; and (ii) by adding at the end the following new subparagraphs: “(D) based on documentary proof or verified information that the registrant is not a United States citizen; or “(E) the registration otherwise fails to comply with applicable State law;”; (2) by redesignating subsection (j) as subsection (l); and (3) by inserting after subsection (i) the following new subsections: “(j) Ensuring only citizens are registered To vote.— “(1) IN GENERAL.—Notwithstanding any other provision of this Act, a State may not register an individual to vote in elections for Federal office held in the State unless, at the time the individual applies to register to vote, the individual provides documentary proof of United States citizenship. “(2) ADDITIONAL PROCESSES IN CERTAIN CASES.— “(A) PROCESS FOR THOSE WITHOUT DOCUMENTARY PROOF.— “(i) IN GENERAL.—Subject to any relevant guidance adopted by the Election Assistance Commission, each State shall establish a process under which an applicant who cannot provide documentary proof of United States citizenship under paragraph (1) may, if the applicant signs an attestation under penalty of perjury that the applicant is a citizen of the United States and eligible to vote in elections for Federal office, submit such other evidence to the appropriate State or local official demonstrating that the applicant is a citizen of the United States and such official shall make a determination as to whether the applicant has sufficiently established United States citizenship for purposes of registering to vote in elections for Federal office in the State. “(ii) AFFIDAVIT REQUIREMENT.—If a State or local official makes a determination under clause (i) that an applicant has sufficiently established United States citizenship for purposes of registering to vote in elections for Federal office in the State, such determination shall be accompanied by an affidavit developed under clause (iii) signed by the official swearing or affirming the applicant sufficiently established United States citizenship for purposes of registering to vote. “(iii) DEVELOPMENT OF AFFIDAVIT BY THE ELECTION ASSISTANCE COMMISSION.—The Election Assistance Commission shall develop a uniform affidavit for use by State and local officials under clause (ii), which shall— “(I) include an explanation of the minimum standards required for a State or local official to register an applicant who cannot provide documentary proof of United States citizenship to vote in elections for Federal office in the State; and “(II) require the official to explain the basis for registering such applicant to vote in such elections. “(B) PROCESS IN CASE OF CERTAIN DISCREPANCIES IN DOCUMENTATION.—Subject to any relevant guidance adopted by the Election Assistance Commission, each State shall establish a process under which an applicant can provide such additional documentation to the appropriate election official of the State as may be necessary to establish that the applicant is a citizen of the United States in the event of a discrepancy with respect to the applicant’s documentary proof of United States citizenship. “(3) STATE REQUIREMENTS.—Each State shall take affirmative steps on an ongoing basis to ensure that only United States citizens are registered to vote under the provisions of this Act, which shall include the establishment of a program described in paragraph (4) not later than 30 days after the date of the enactment of this subsection. “(4) PROGRAM DESCRIBED.—A State may meet the requirements of paragraph (3) by establishing a program under which the State identifies individuals who are not United States citizens using information supplied by one or more of the following sources: “(A) The Department of Homeland Security through the Systematic Alien Verification for Entitlements (‘SAVE’) or otherwise. “(B) The Social Security Administration through the Social Security Number Verification Service, or otherwise. “(C) State agencies that supply State identification cards or driver’s licenses where the agency confirms the United States citizenship status of applicants. “(D) Other sources, including databases, which provide confirmation of United States citizenship status. “(5) AVAILABILITY OF INFORMATION.— “(A) IN GENERAL.—At the request of a State election official (including a request related to a process established by a State under paragraph (2)(A) or (2)(B)), any head of a Federal department or agency possessing information relevant to determining the eligibility of an individual to vote in elections for Federal office shall, not later than 24 hours after receipt of such request, provide the official with such information as may be necessary to enable the official to verify that an applicant for voter registration in elections for Federal office held in the State or a registrant on the official list of eligible voters in elections for Federal office held in the State is a citizen of the United States, which shall include providing the official with such batched information as may be requested by the official. “(B) USE OF SAVE SYSTEM.—The Secretary of Homeland Security may respond to a request received under paragraph (1) by using the system for the verification of immigration status under the applicable provisions of section 1137 of the Social Security Act (42 U.S.C. 1320b–7), as established pursuant to section 121(c) of the Immigration Reform and Control Act of 1986 (Public Law 99–603). “(C) SHARING OF INFORMATION.—The heads of Federal departments and agencies shall share information with each other with respect to an individual who is the subject of a request received under paragraph (A) in order to enable them to respond to the request. “(D) INVESTIGATION FOR PURPOSES OF REMOVAL.—The Secretary of Homeland Security shall conduct an investigation to determine whether to initiate removal proceedings under section 239 of the Immigration and Nationality Act (8 U.S.C. 1229) if it is determined pursuant to subparagraph (A) or (B) that an alien (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) is unlawfully registered to vote in elections for Federal office. “(E) PROHIBITING FEES.—The head of a Federal department or agency may not charge a fee for responding to a State’s request under paragraph (A). “(k) Removal of noncitizens from registration rolls.—A State shall remove an individual who is not a citizen of the United States from the official list of eligible voters for elections for Federal office held in the State at any time upon receipt of documentation or verified information that a registrant is not a United States citizen.”. (g) Clarification of authority of State To remove noncitizens from official list of eligible voters.— (1) IN GENERAL.—Section 8(a)(4) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(4)) is amended— (A) by striking “or” at the end of subparagraph (A); (B) by adding “or” at the end of subparagraph (B); and (C) by adding at the end the following new subparagraph: “(C) documentary proof or verified information that the registrant is not a United States citizen;”. (2) CONFORMING AMENDMENT.—Section 8(c)(2)(B)(i) of such Act (52 U.S.C. 20507(c)(2)(B)(i)) is amended by striking “(4)(A)” and inserting “(4)(A) or (C)”. (h) Requirements with respect to Federal mail voter registration form.— (1) CONTENTS OF MAIL VOTER REGISTRATION FORM.—Section 9(b) of such Act (52 U.S.C. 20508(b)) is amended— (A) in paragraph (2)(A), by striking “(including citizenship)” and inserting “(including an explanation of what is required to present documentary proof of United States citizenship)”; (B) in paragraph (3), by striking “and” at the end; (C) in paragraph (4), by striking the period at the end and inserting “; and”; and (D) by adding at the end the following new paragraph: “(5) shall include a section, for use only by a State or local election official, to record the type of document the applicant presented as documentary proof of United States citizenship, including the date of issuance, the date of expiration (if any), the office which issued the document, and any unique identification number associated with the document.”. (2) INFORMATION ON MAIL VOTER REGISTRATION FORM.—Section 9(b)(4) of such Act (52 U.S.C. 20508(b)(4)) is amended— (A) by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively; and (B) in subparagraph (C) (as so redesignated and as amended by paragraph (1)(C)), by striking “; and” and inserting the following: “, other than as evidence in a criminal proceeding or immigration proceeding brought against an applicant who attempts to register to vote and makes a false declaration under penalty of perjury that the applicant meets the eligibility requirements to register to vote in an election for Federal office; and”. (i) Private right of action.—Section 11(b)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20510(b)(1)) is amended by striking “a violation of this Act” and inserting “a violation of this Act, including the act of an election official who registers an applicant to vote in an election for Federal office who fails to present documentary proof of United States citizenship,”. (j) Criminal penalties.—Section 12(2) of such Act (52 U.S.C. 20511(2)) is amended— (1) by striking “or” at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (D); and (3) by inserting after subparagraph (A) the following new subparagraphs: “(B) in the case of an officer or employee of the executive branch, providing material assistance to a noncitizen in attempting to register to vote or vote in an election for Federal office; “(C) registering an applicant to vote in an election for Federal office who fails to present documentary proof of United States citizenship; or”. (k) Applicability of requirements to certain States.— (1) IN GENERAL.—Subsection (c) of section 4 of the National Voter Registration Act of 1993 (52 U.S.C. 20503), as redesignated by subsection (b), is amended by striking “This Act does not apply to a State” and inserting “Except with respect to the requirements under subsection (j) and (k) of section 8 in the case of a State described in paragraph (2), this Act does not apply to a State”. (2) PERMITTING STATES TO ADOPT REQUIREMENTS AFTER ENACTMENT.—Section 4 of such Act (52 U.S.C. 20503) is amended by adding at the end the following new subsection: “(d) Permitting States To adopt certain requirements after enactment.—Subsections (j) and (k) of section 8 shall not apply to a State described in subsection (c)(2) if the State, by law or regulation, adopts requirements which are identical to the requirements under such subsections not later than 60 days prior to the date of the first election for Federal office which is held in the State after the date of the enactment of the SAVE Act.”. Sec. 804. Election Assistance Commission guidance. Not later than 10 days after the date of the enactment of this Act, the Election Assistance Commission shall adopt and transmit to the chief State election official of each State guidance with respect to the implementation of the requirements under the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by section 2. Sec. 805. Inapplicability of Paperwork Reduction Act. Subchapter I of chapter 35 of title 44 (commonly referred to as the “Paperwork Reduction Act”) shall not apply with respect to the development or modification of voter registration materials under the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), as amended by section 2, including the development or modification of any voter registration application forms. Sec. 806. Duty of Secretary of Homeland Security to notify election officials of naturalization. Upon receiving information that an individual has become a naturalized citizen of the United States, the Secretary of Homeland Security shall promptly provide notice of such information to the appropriate chief election official of the State in which such individual is domiciled. Sec. 807. Rule of construction regarding provisional ballots. Nothing in this Act or in any amendment made by this Act may be construed to supercede, restrict, or otherwise affect the ability of an individual to cast a provisional ballot in an election for Federal office or to have the ballot counted in the election if the individual is verified as a citizen of the United States pursuant to section 8(j) of the National Voter Registration Act of 1993 (as added by section 2(f)). Sec. 808. Rule of construction regarding effect on State exemptions from other Federal laws. Nothing in this Act or in any amendment made by this Act may be construed to affect the exemption of a State from any requirement of any Federal law other than the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). Sec. 809. Effective date. This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act, and shall apply with respect to applications for voter registration which are submitted on or after such date. DIVISION D—MAKE AMERICA HEALTHY AGAIN SECTION 1. Short title. This Division may be cited as the “Make America Healthy Again Act of 2026”. Sec. 2. Table of contents. The table of contents of this Division is as follows— Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Severability. Sec. 4. Immediate relief. TITLE I—Expenditures Subtitle A—Patient Access to Public Health Programs Sec. 101. The Prevention and Public Health Fund. Sec. 102. Federal payments. Sec. 103. Part D resales. Sec. 104. Exclusion of coverage of advance care planning services under the Medicare program. Sec. 105. Allowing certain individuals with alternative health coverage to choose to opt out of the Medicare part A benefit. Sec. 106. Reform of Title X. Sec. 107. Price negotiation. Sec. 108. Employee Background Check Expansion. Subtitle B—Medicaid Program Enhancement Sec. 111. Repeal of Medicaid provisions. Sec. 112. Repeal of Medicaid expansion. Sec. 113. Elimination of DSH cuts. Sec. 114. Reducing State Medicaid costs. Sec. 115. Safety net funding for non-expansion States. Sec. 116. Providing incentives for increased frequency of eligibility redeterminations. Sec. 117. Work requirement for nondisabled, nonpregnant adults under Medicaid. Sec. 118. Enabling Medicaid payments for conversion therapy. Sec. 119. Directing State Medicaid fraud control units to investigate and prosecute beneficiary fraud. Subtitle C—Per Capita Allotment for Medical Assistance Sec. 121. Per capita allotment for medical assistance. Sec. 122. Revival of Pregnancy Assistance Fund. Subtitle D—Patient Relief and Health Insurance Market Stability Sec. 131. Repeal of cost-sharing subsidy. Sec. 132. Patient and State Stability Fund. Subtitle E—Implementation Funding Sec. 141. American Health Care Implementation Fund. Sec. 142. Repeal of Patient Identification Program. Sec. 143. Parental Rights in Mental Health. Sec. 144. Quotas in Federal Policing. Sec. 145. Defunding sexually suggestive education. Sec. 146. Ban on funding for racist programs. Sec. 147. Deregulation of school lunch. Subtitle F—Research Sec. 151. Stem cell research. Sec. 152. Aesthetic surgery and treatment research. Sec. 153. Inclusivity in research. Sec. 154. Stillbirth research. Sec. 155. Perinatal pathology fellowships. Sec. 156. Life Sciences Research Security Board. Subtitle G—Rural Healthcare Sec. 161. Specialty medical practitioners workforce in rural communities. Subtitle H—Medicare Expansion Sec. 171. Expanded medical facilities. Sec. 172. Expanding coverage. Sec. 173. Legalizing discounts for Medicare Part D purchases. Sec. 174. Improvements to the assignment of beneficiaries under the medicare shared savings program. Sec. 175. Clinical laboratory tests. Sec. 176. Pharmacist services under Medicare Part B. Sec. 177. Health Care Efficiency Through Flexibility. Sec. 178. Medicare Advantage improvements. Subtitle I—CHIP Reauthorization Through 2035 Sec. 181. Renewing CHIP. Sec. 182. Aesthetic Treatment under CHIP. TITLE II—Revenues Subtitle A—Repeal and Replace of Health-Related Tax Policy Sec. 201. Taxes on certain insurance plans offering luxury coverage. Sec. 202. Corrective excise tax. Sec. 203. Small business tax credit. Sec. 204. Miscellaneous tax repeals. Sec. 205. Bodily integrity protection. Sec. 206. Reform of nonprofit CO-OP insurance. Sec. 207. Reform of health savings accounts. Sec. 208. Reform of Archer MSAs and flexible spending accounts. Sec. 209. Deduction for qualified charity care. Sec. 210. Establishment of a tax credit for medical infrastructure investment. Sec. 211. Restoration of deduction for expenses allocable to Medicare part D subsidy. Sec. 212. Reduction of income threshold for determining medical care deduction. Sec. 213. Repeal of Medicare tax increase. Sec. 214. Refundable tax credit for health insurance coverage. Sec. 215. Maximum contribution limit to health savings account increased to amount of deductible and out-of-pocket limitation. Sec. 216. Allow both spouses to make catch-up contributions to the same health savings account. Sec. 217. Special rule for certain medical expenses incurred before establishment of health savings account. Sec. 218. Expansion of medical expense deduction. Subtitle B—Repeal of Certain Consumer Taxes Sec. 221. Repeal of tax on prescription medications. Subtitle C—Encouragement of Adoption of Domestic Orphans Sec. 231. Encouragement of adoption of domestic orphans. Sec. 232. Child tax deduction. Subtitle D—Remuneration From Certain Insurers Sec. 241. Remuneration from certain insurers. Subtitle E—Repeal of Net Investment Income Tax Sec. 251. Repeal of net investment income tax. Sec. 252. Adjustment of golden parachute tax. Sec. 253. Ending foreign windfall exemption to FICA and SECA. TITLE III—Abortion and contraception Subtitle A—Prohibition on abortion. Sec. 301. All humans considered human. Sec. 302. Executive overreach control regarding abortion. Sec. 303. Diplomatic provisions. Sec. 304. Import and export regulation to prevent ectopic pregnancies. Sec. 305. Contraceptive regulation. Sec. 306. Control of abortifacient drugs. Sec. 307. Enhancement of Criminal Penalties. Sec. 308. Prohibition of anti-fetal hate crimes. Sec. 309. Restoring Safeguards for Dangerous Abortion Drugs. Subtitle B—Technical provisions. Sec. 311. HHS authority. Sec. 312. Role of State, tribal, and local law. Sec. 313. Effective date. Sec. 314. Authorization of appropriations. Subtitle C—Other regulations relating to remains and contraception. Sec. 321. Closing "valuable consideration" loopholes. Sec. 322. Cleaning American water supplies. Sec. 323. Conservatorships prohibited from excessive control over reproduction. Subtitle D—Backup regulations. Sec. 331. Definitions. Sec. 332. Pain-capable unborn child protection. Sec. 333. Abortion statistics and accountability. Sec. 334. Abortion recipient identification. Sec. 335. Abortion provider licensing. Sec. 336. Forced abortion. Sec. 337. Teleabortion prevention. Sec. 338. Born-alive infants protection. Sec. 339. Dismemberment abortion ban. Subtitle E—Further provisions. Sec. 341. Foreign abortion and sex-related tourism. Sec. 342. Safe Crisis Pregnancy Centers. Sec. 343. No charge for failed delivery. Sec. 344. Restriction on HHS. Sec. 345. Release of political prisoners. TITLE IV—Regulations Subtitle A—General Regulation Reduction and Reform Sec. 401. Codification of minimum ages. Sec. 402. Capping out-of-pocket costs of insulin. Sec. 403. Intellectual property of unavailable products. Sec. 404. Act not found. Sec. 405. Constructions. Sec. 406. Right to try reform. Sec. 407. Reducing administrative costs and burdens in health care. Sec. 408. Requirements for cosmetic medical procedures. Sec. 409. Local-level deregulation. Sec. 410. Termination of patient lives. Sec. 411. Indian Healthcare. Sec. 412. Guidelines for medical practice. Sec. 413. Medical supply chain security. Sec. 414. Healthcare lawsuits. Sec. 415. Protection against political discrimination. Sec. 416. Non-invasive diagnostics. Sec. 417. Patient visitation rights. Sec. 418. Abolition of certificates of need. Sec. 419. Deregulation of medical devices used in breast improvement treatments. Subtitle B—Regulatory Reform for Health Insurance and Exchanges Sec. 421. Increasing competition in insurance exchange. Sec. 422. Interstate purchasing of health insurance. Sec. 423. Limits on coverage. Sec. 424. Surprise billing prevention. Sec. 425. Health Insurance Anti-Trust. Sec. 426. Limited-duration insurance. Sec. 427. Coverage for preexisting conditions. Sec. 428. Expansion of group health insurance plans. Sec. 429. Certain medical stop-loss insurance obtained by certain plan sponsors of group health plans not included under the definition of health insurance coverage. Subtitle C—Prescription Drugs and Related Provisions Sec. 431. Vaccine injury or death. Sec. 432. Chief Pharmaceutical Trade Negotiator. Sec. 433. Orange Book modernization. Sec. 434. Clarification of Controlled Substances Act. Sec. 435. Biological product patent transparency. Sec. 436. Fast track review for certain generic drugs. Sec. 437. Country of origin of drugs. Sec. 438. FDA Modernization. Sec. 439. Oversight of pharmacy benefit management services. Subtitle D—Protecting Consumers from Unhealthy Food Sec. 441. Labeling requirement for fruits and vegetables with certain product coatings. Subtitle E—Making America Fit Again Sec. 451. Physical activity recommendations for Americans. Sec. 452. Physical activity requirements for schools participating in the National School Lunch Program. TITLE V—Pandemics and Epidemics Subtitle A—Pandemic preparedness Sec. 501. Emergency public health emergency construction. Sec. 502. Transportation safety during pandemics. Sec. 503. Public health emergency employment stability. Sec. 504. Evaluation and reported related to ability to seal borders in times of emergency. Sec. 505. Immigration during public health crises. Sec. 506. Public health emergency expanded as including global health emergencies. Sec. 507. Intentional spread of disease. Sec. 508. Defense Production Act amendments. Sec. 509. Waivers for pandemic readiness. Subtitle B—Public Health Service Sec. 511. Conscription into the Public Health Service. Sec. 512. Veterinary care during public health emergencies. Sec. 513. Public access to information regarding epidemics and potential epidemics. Sec. 514. Relationship with State law. Sec. 515. Territorial enforcement. Sec. 516. Eradication of Yersinia pestis. Sec. 517. Limitation on liability for volunteer health care professionals. Subtitle C—Pandemic recovery Sec. 521. Renaming of the COVID-19 pandemic. Sec. 522. Authorization of imposition of sanctions. Sec. 523. Post-lockdown health recovery. Sec. 524. Lockdowns ended. Sec. 525. Investigation of VAERS. Sec. 526. Civil Rights Act Improvement. Sec. 527. Post-Lockdown Education. Sec. 528. Ketogenic diet deregulation. TITLE VI—Veterans Sec. 601. Department of Energy veterans health research and development. Sec. 602. Interagency collaboration. Sec. 603. Pilot program on posttraumatic growth. Sec. 604. Financial assistance to certain entities to provide and coordinate the provision of suicide prevention services for veterans at risk of suicide and veteran families. Sec. 605. Veterinary insurance for veterans. Sec. 606. Cooperation between Department of Veterans Affairs and the Department of the Interior. Sec. 607. Wheelchairs for veterans with service-connected disabilities. Sec. 608. Discharge treatment. Sec. 609. Third-party review of appointees in Veterans Health Administration. Sec. 610. Unionization of the Veteran Health Administration. Sec. 611. Deeming certain State Veterans homes as meeting Medicare skilled nursing facilities conditions and requirements. Sec. 612. Hyperbaric oxygen therapy. Sec. 613. Aesthetic treatment. Sec. 614. Establishment of Centralized VA Research Data System; standards with respect to major research programs of the Department. TITLE VII—Education Sec. 701. Expansion of Medical Workforce and Training Opportunities for America. Sec. 702. Sports rules. Sec. 703. Reduction of regulatory burdens for universities. Sec. 704. Living facility equality under Title IX. Sec. 705. Repeal of SAFRA Act. Sec. 706. High demand skillset education loans. Sec. 707. Improvement of secondary education. Sec. 708. Technical provisions. Sec. 709. Clarification of school authority. Sec. 710. Rules regarding seminaries. Sec. 711. Educational status of child sexual mutilation. Sec. 712. Protection of student parents. Sec. 713. Disclosures of foreign gifts. Sec. 714. incentives to resolve campus disorder. Sec. 715. American Workforce Development. Sec. 716. Licensing reciprocity for college mental health providers. Sec. 717. Accrediting agency recognition. Sec. 718. Recognizing Home School Graduates. Sec. 719. Improving transparency and accountability for student loan borrowers. Sec. 3. Severability. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby. Sec. 4. Immediate relief. Unless otherwise stated, the provisions of this Act shall enter into effect following appropriate regulations issued by the Secretary of Health and Human Services (or any other person designated by the President) or within 60 days. TITLE I—Expenditures Subtitle A—Patient Access to Public Health Programs Sec. 101. The Prevention and Public Health Fund. Subsection (b) of section 4002 of the Patient Protection and Affordable Care Act (42 U.S.C. 300u–11), as amended by section 5009 of the 21st Century Cures Act, is repealed effective the first fiscal year after the enactment of this Act. Of the funds made available by such subsection, the unobligated balance at the time of such repeal is rescinded. Sec. 102. Federal payments. (a) In general.—Notwithstanding any other provision of law outside of exceptions as may be provided through this section, no funding shall be provided for any prohibited entity, defunded activity, or State, local, territorial, district, or other program which provides funding for any defunded activity or prohibited entity, except that funding may be provided to an exempt entity provided that such funding shall not be for the provision of a defunded activity. (b) Definitions.—In this section: (1) PROHIBITED ENTITY.—The term “prohibited entity” means an entity, including its affiliates, franchisers, franchisees, subsidiaries, successors, and other associates that provides or refers for any defunded activity. (2) DEFUNDED ACTIVITY.—The term “defunded activity” means the following— (A) abortions, other than an abortion in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself; (B) contraceptive drugs, substances, procedures, barriers, treatments, devices, implants, injections, or sterilizations; (C) tests or treatments for sexually transmitted diseases (excluding sexually transmitted diseases that cause ectopic pregnancy), except in such cases as it may be intended primarily for people to whom such diseases were not transmitted via sexual activity; (D) manufacturing, advertising, distribution, or use of any illegal, unauthorized, uncertified, marijuana-related, or prostitution-related treatment or substance which is claimed to be medical in nature; (E) illegal immigration (including all funds intended to benefit any person residing unlawfully in the United States, but excluding such circumstances in which emergency room service may be provided without knowledge of a patient's identity or immigration status); (F) hormonal treatments or cosmetic modifications of persons not for the treatment of a physical medical condition or restoring a person's appearance or curing homosexuality or transsexuality, a paraphilia, or another sexual issue such as infertility, including surgeries which claim to alter the biological sex or race of a person, or intended to accompany a shift in gender identity or other identity; (G) any applicable luxury health plan as defined by 26 U.S.C. 4378 or applicable healthcare associated products as defined by 26 U.S.C. 5892 (except that, for purposes of this section, the product listed under 26 U.S.C. 5892(b)(3) shall not be considered an applicable healthcare associated product); (H) any "public health emergency" or other emergency which is declared against a belief or system of beliefs which enjoys protection under the United States Constitution and has not started any insurrection against any Federal, State, tribal, territorial (including the District of Columbia), or local government of the United States; and (I) any plan, emergency, law, or ordinance which attempts to benefit or favor a race, including by claiming to support certain races by assigning any priority, affirmative action, lack or presence of healthcare right (including by declaring races to be at-risk groups which warrant any form of healthcare when persons of other races would not be entitled to such care given similar or comparable or near-similar or near-comparable medical background), or other superior of inferior status on the basis of race). (c) Enforcement.—The Department of Health and Human Services and the Social Security Administration are tasked with the enforcement of this section and recollection of funds improperly spent with an interest rate not lower than 5% per annum. The Internal Revenue Service, Department of Justice, Department of Homeland Security, and other agencies are obligated to provide assistance whenever the need arises. (d) Retroactivity.—All unspent funds allocated for any prohibited entity or defunded activity are immediately rescinded, except that for the duration of the fiscal year in which this provision went into effect, the President may continue funding as may be necessary to provide notice to any persons who may be affected, ensure that changes do not deviate from regular schedules, and ensure that transactions currently in progress are not cancelled. (e) Price ceiling.—Insofar as it does not fund a defunded activity, payments may be made to prohibited entities in exchange for patented medical products and services that are not otherwise available for patients, pursuant to an agreement which includes a reduction in costs for such products or services by at least 50% relative to prices for which such patented products and services are provided to other persons. (f) Effect on other law.—No law shall be interpreted as requiring any entity to become a prohibited entity, including insofar as State, Territorial, or District law may be preempted by this section. Sec. 103. Part D resales. Section 1395w-102 subsection (e)(2)(A) of Title 42 of the United States Code is amended as follows— “(A) In general” “Such term does not include drugs or classes of drugs, or their medical uses, which may be excluded from coverage or otherwise restricted under section 1396r–8(d)(2) of this title, other than subparagraph (E) of such section (relating to smoking cessation agents), other than subparagraph (I) of such section (relating to barbiturates) if the barbiturate is used in the treatment of epilepsy, cancer, or a chronic mental health disorder, and other than subparagraph (J) of such section (relating to benzodiazepines), or under section 1396r–8(d)(3) of this title, as such sections were in effect on December 8, 2003. Such term also does not include a drug when used for contraceptive purposes or for the treatment of sexual or erectile dysfunction, unless such drug were used to treat a condition, other than sexual or erectile dysfunction, for which the drug has been approved by the Food and Drug Administration. Such term also does not include any drug which the beneficiary intends to sell, and any Part D Eligible Individual who has sold a drug prescribed via Medicare must repay all expenditures on drugs which were sold and will no longer be considered a Part D Eligible Individual.” Sec. 104. Exclusion of coverage of advance care planning services under the Medicare program. (a) In general.—Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended— (1) in paragraph (24), by striking the “or” at the end; (2) in paragraph (25), by striking the period and inserting “; or”; and (3) by inserting after paragraph (25) the following new paragraph: “(26) which are advance care planning services, other than under section 1812(a)(5).”. (b) Effective date.—The amendment made by this section shall apply with respect to coverage beginning after December 31, 2027. Sec. 105. Allowing certain individuals with alternative health coverage to choose to opt out of the Medicare part A benefit. (a) In general.—Any individual described in subsection (c) who is otherwise entitled to benefits under part A of title XVIII of the Social Security Act may elect (in such form and manner as may be specified by the Commissioner of Social Security, in consultation with the Secretary of Health and Human Services) to opt out of such entitlement. Notwithstanding any other provision of law, in the case of an individual who makes such an election, such individual— (1) may (in such form and manner as may be specified by the Commissioner, in consultation with the Secretary) subsequently choose to end such election and opt back into such entitlement (in accordance with a process determined by the Commissioner, in consultation with the Secretary) without, subject to subsection (b), being subject to any penalty; (2) shall not be required to opt out of benefits under title II of such Act as a condition for making such election; and (3) shall not be required to repay any amount paid under such part A for items and services furnished prior to making such election. (b) Notification of termination of qualifying alternative health coverage required.— (1) NOTIFICATION.—In the case of an individual who makes an election under subsection (a) and whose enrollment in qualifying alternative health coverage is subsequently terminated, such individual shall notify the Secretary of Health and Human Services of such termination not later than 60 days after the date of such termination. (2) LATE ENROLLMENT PENALTY.—If an individual required to notify the Secretary under paragraph (1) fails to provide such notification within the period specified under such paragraph and subsequently chooses to end the election made by such individual under subsection (a) and opt back into benefits under part A of title XVIII of the Social Security Act, such individual shall be subject to a late enrollment penalty (as determined by the Secretary) in a manner and amount similar to an individual enrolled under such part A pursuant to section 1818 of such Act (42 U.S.C. 1395i–2). (c) Individual described.— (1) IN GENERAL.—For purposes of this section, an individual described in this subsection is an individual who demonstrates (in accordance with a process determined by the Commissioner, in consultation with the Secretary) that the individual is enrolled under qualifying alternative health coverage. (2) QUALIFYING ALTERNATIVE HEALTH COVERAGE.—For purposes of this section, the term “qualifying alternative health coverage” includes a group health plan or health insurance coverage offered in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91), or other health coverage specified by the Commissioner, in consultation with the Secretary, that provides at least benefits comparable to benefits provided under part A of title XVIII of the Social Security Act. Sec. 106. Crisis Pregnancy Grants. (a) The Public Health Service Act is amended by adding at the end the following: “TITLE XXXIV—AWARENESS FOR EXPECTING MOTHERS “SEC. 3401. WEBSITE AND PORTAL. “(a) Website.—Not later than 1 year after the date of enactment of this section, the Secretary shall publish a user-friendly public website, life.gov, to provide a comprehensive list of Federal, State, local governmental, and private resources available to pregnant women including— “(1) resources to mental health counseling, pregnancy counseling, and other prepartum and postpartum services; “(2) comprehensive information on alternatives to abortion; “(3) information about abortion risks, including complications and failures; and “(4) links to information on child development from moment of conception. “(b) Portal.—Not later than 1 year after the date of enactment of this section, the Secretary shall publish a portal on the public website of the Department of Health and Human Services that— “(1) through a series of questions, will furnish specific tailored information to the user on what pregnancy-related information they are looking for, such as— “(A) Federal, State, local governmental, and private resources that may be available to the woman within her ZIP Code, including the resources specified in subsection (c); and “(B) risks related to abortion (including potential civil and criminal penalties) at all stages of fetal gestation; and “(2) provides for the submission of feedback on how user-friendly and helpful the portal was in providing the tailored information the user was seeking. “(c) Resources.—The Federal, State, local governmental, and private resources specified in this subsection are the following: “(1) Mentorship opportunities, including pregnancy help and case management resources. “(2) Health and well-being services, including women’s medical services such as obstetrical and gynecological support services for women, abortion pill reversal, breastfeeding, general health services, primary care, and dental care. “(3) Financial assistance, work opportunities, nutrition assistance, childcare, and education opportunities. “(4) Material or legal support, including transportation, food, nutrition, clothing, household goods, baby supplies, housing, shelters, maternity homes, tax preparation, legal support for child support, family leave, breastfeeding protections, and custody issues. “(5) Recovery and mental health services, including services with respect to addiction or suicide intervention, intimate partner violence, sexual assault, rape, sex trafficking, and counseling for women and families surrounding unexpected loss of a child. “(6) Prenatal diagnostic services, including disability support organizations, medical interventions for a baby, perinatal hospice resources, pregnancy and infant loss support, and literature on pregnancy wellness. “(7) Healing and support services for abortion survivors and their families. “(8) Services providing care for children, including family planning services and short-term care resources. “(d) Administration.—The Secretary may not delegate implementation or administration of the portal established under subsection (b) below the level of the Office of the Secretary. “(e) Follow-Up.—The Secretary shall develop a plan under which— “(1) the Secretary includes in the portal established under subsection (b), a mechanism for users of the portal to take an assessment through the portal and provide consent to use the user’s contact information; “(2) the Secretary conducts outreach via phone or email to follow up with users of the portal established under subsection (b) on additional resources that would be helpful for the users to review; and “(3) upon the request of a user of the portal for specific information, after learning of the additional resources through the portal, agents of the Department of Health and Human Services make every effort to furnish specific information to such user in coordination with Federal, State, local governmental, and private health care providers and resources. “(f) Resource List Aggregation.— “(1) IN GENERAL.—Pursuant to criteria developed in subsection (e)(2), the Secretary and each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal. “(2) CRITERIA FOR MAKING RECOMMENDATIONS.—The Secretary shall develop criteria to provide to the States to determine whether resources recommended as described in paragraph (1) for inclusion in the portal can appear in the portal. Such criteria shall include the requirement that the resource provider is not a prohibited entity and the requirement that the resource provider has been engaged in providing services for a minimum of 3 consecutive years. “(3) GRANT PROGRAM.— “(A) IN GENERAL.—The Secretary may provide grants to States to establish or support a system that aggregates the resources described in subsection (b)(1)(A), in accordance with the criteria developed under paragraph (2), and that may be coordinated, to the extent determined appropriate by the State, by a statewide, regionally-based, or community-based public entity or private nonprofit. “(B) APPLICATIONS.—To be eligible to receive a grant under subparagraph (A), a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for outreach and awareness activities, and a list of service providers that would be included in the State system supported by the grant. “(g) Maternal Mental Health Hotline.—The Secretary shall ensure that the Maternal Mental Health Hotline of the Health Resources and Services Administration— “(1) disseminates information regarding, and linkages to, the life.gov website and portal described in subsections (a) and (b); “(2) has the capacity to help families in every State and community in the Nation; and “(3) includes live chat features, 24 hours a day, to connect individuals to the information the portal hosts. “(h) Prohibition Regarding Certain Entities.—The resources listed on the life.gov website, and made available through the portal and hotline established under this section may not include any resource offered by a prohibited entity. “(i) Services In Different Languages.—The life.gov website and hotline shall ensure the widest possible access to services for families who speak languages other than English that are official languages of States. “(j) Reporting Requirements.— “(1) IN GENERAL.—Not later than 180 days after the date on which the life.gov website and portal are established under subsection (a), the Secretary shall submit to Congress a report on— “(A) the traffic of the website and the interactive portal; “(B) user feedback on the accessibility and helpfulness of the website and interactive portal in tailoring to the user’s needs; “(C) insights on gaps in Federal, State, local governmental, and private programming with respect to services for pregnant and postpartum women; and “(D) suggestions on how to improve user experience and accessibility based on user feedback and missing resources that would be helpful to include in future updates. “(2) CONFIDENTIALITY.—The report under paragraph (1) shall not include any personal identifying information regarding individuals who have used the website or portal. “(k) Definitions.—In this section: “(1) ABORTION.—The term ‘abortion’ means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally— “(A) kill the unborn child of a woman known to be pregnant; or “(B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— “(i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or “(ii) remove a dead unborn child. “(2) BORN ALIVE.—The term ‘born alive’ has the meaning given such term in section 8(b) of title 1, United States Code. “(3) PROHIBITED ENTITY.—The term ‘prohibited entity’ has the meaning established by section 102 of the Health Care Act of 2027. “(4) UNBORN CHILD.—The term ‘unborn child’ means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive.”. (b) Reform of Title X.—42 U.S. Code § 300(d) is amended as follows: “(d) Definitions.— “(1) In this Act, the term ‘family planning’ means— “(1) services to improve the efficacy of pregnancy planning, pregnancy spacing, raising children, or fertilization; “(2) adoption services; “(3) abstinence education and information regarding the prevention of birth defects (including congenital conditions) and developmental disorders (including risks associated to delayed pregnancy as well as teen pregnancy); “(4) conversion therapy; “(5) pregnancy emergency preparedness (including to assist in the proper burial of miscarried children); “(6) pregnancy-related medical services including reversal of poisonings intended to ultimately kill unborn children and pregnancy diagnostic services; and “(7) marriage preparation services, provided intercourse between the spouses could result in the conception of a human child.” “(2) In this Act, the term ‘contraceptive development’ means research and development intended to improve the results of family planning. “(3) In this Act, the term ‘abstinence education’ means education intended to teach individuals how to abstain from sexual intercourse, including education intended to teach individuals how to abstain from adultery and fornication. “(4) In this Act, the term ‘conversion therapy’ means therapies intended to treat or cure a paraphilia or gender identity disorder as defined by the Diagnostic and Statistical Manual of Mental Disorders, Third Edition. “(5) In this Act, the word ‘voluntary’ includes when intended to fulfill a court order, contractual obligation, or other order or obligation.”. Sec. 107. Price negotiation. (a) Notwithstanding the Social Security Act, the Centers for Medicare & Medicaid Services (in this section, "the Centers" or "CMS") may hire price negotiators to reduce expenditures by Medicare and to reduce Federal expenditures on other healthcare programs, including by reducing Federal grants to States. (b) The Secretary of Health and Human Services (in this section, "the Secretary") shall establish relevant guidelines and regulations to ensure that expenditures are reduced by a minimum of 400 billion by 2028, including by establishing guidelines for pay via commission. The Secretary shall also establish conflict-of-interest regulations to ensure that negotiators shall seek the lowest possible prices. (c) Compensation for CMS price negotiators shall be appropriated from such funds that shall go unspent otherwise due to their negotiation work, except that not more than 0.1% or 100 million dollars of such funds shall go to such negotiators. (d) The Centers shall make available to the States and to Medicare Part C plans any benefits which may be possible to extend to State and Part C health plans, provided that such benefits shall not be made available at a loss beyond such an acceptable loss as may be designated by the Secretary or as may exceed 2% of total cost in the case of any benefit provided to a Medicare Part C plan. (e) The Centers shall withhold the issuance of grants to States for State purchases of product or service except in such case that— (1) the State already made such purchase prior to January 2028 and holds applicable proof of purchase, (2) the State is using grants to provide a product or service (other than a defunded activity) which is not ordinarily available to beneficiaries, (3) the State has obtained such product or service at a lower price than would be possible for the Centres and is willing to accept less Federal grant funding as a consequence. Sec. 108. Employee Background Check Expansion. Section 1921(b)(6) of the Social Security Act (42 U.S.C. 1396r–2(b)(6)) is amended— (1) by striking “and other health care entities (as defined in section 431 of the Health Care Quality Improvement Act of 1986)” and inserting “, other health care entities (as defined in section 431 of the Health Care Quality Improvement Act of 1986), providers of services (as defined in section 1861(u)), suppliers (as defined in section 1861(d)), and providers of items or services under a State plan under this title (or a waiver of such a plan)”; and (2) by striking “such hospitals or other health care entities” and inserting “such hospitals, health care entities, providers, or suppliers”. Subtitle B—Medicaid Program Enhancement Sec. 111. Repeal of Medicaid provisions. The Social Security Act is amended— (1) in section 1902 (42 U.S.C. 1396a)— (A) in subsection (a)(47)(B), by inserting “and provided that any such election shall cease to be effective on January 1, 2028, and no such election shall be made after that date” before the semicolon at the end; and (B) in subsection (l)(2)(C), by inserting “and ending December 31, 2029,” after “January 1, 2014,”; (2) in section 1915(k)(2) (42 U.S.C. 1396n(k)(2)), by striking “during the period described in paragraph (1)” and inserting “on or after the date referred to in paragraph (1) and before January 1, 2028”; and (3) in section 1920(e) (42 U.S.C. 1396r–1(e)), by striking “under clause (i)(VIII), clause (i)(IX), or clause (ii)(XX) of subsection (a)(10)(A)” and inserting “under clause (i)(VIII) or clause (ii)(XX) of section 1902(a)(10)(A) before January 1, 2028, section 1902(a)(10)(A)(i)(IX),”. Sec. 112. Repeal of Medicaid expansion. (a) In general.—Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended— (1) in section 1902 (42 U.S.C. 1396a)— (A) in subsection (a)(10)(A)— (i) by striking clauses (i)(VIII) and (ii)(XX); (ii) in clause (ii), by adding at the end the following new subclause: “(XXIV) effective immediately upon the passage of the Health Care Act of 2027— “(aa) who are expansion enrollees (as defined in subsection (nn)(1)); or “(bb) who are grandfathered expansion enrollees (as defined in subsection (nn)(2));”; and (B) by adding at the end the following new subsection: “(tt) Expansion enrollees.—In this title: “(1) IN GENERAL.—The term ‘expansion enrollee’ means an individual— “(A) who is under 65 years of age; “(B) who is not pregnant; “(C) who is not entitled to, or enrolled for, benefits under part A of title XVIII, or enrolled for benefits under part B of title XVIII; “(D) who is not described in any of subclauses (I) through (VII) of subsection (a)(10)(A)(i); “(E) who is a veteran, beginning in fiscal year 2031; and “(F) whose income (as determined under subsection (e)(14)) does not exceed 133 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved. “(2) GRANDFATHERED EXPANSION ENROLLEES.—The term ‘grandfathered expansion enrollee’ means an expansion enrollee who— “(A) was enrolled (or in the process of enrollment) under the State plan under this title (or under a waiver of such plan) as of December 31, 2027; and “(B) does not have a break in eligibility for medical assistance under such State plan (or waiver) for more than one month after such date. “(3) APPLICATION OF RELATED PROVISIONS.—Any reference in subsection (a)(10)(G), (k), or (gg) of this section or in section 1903, 1905(a), 1920(e), or 1937(a)(1)(B) to individuals described in subclause (VIII) of subsection (a)(10)(A)(i) shall be deemed to include a reference to expansion enrollees (including grandfathered expansion enrollees).”; and (2) in section 1905 (42 U.S.C. 1396d)— (A) in subsection (y)(1), in the matter preceding subparagraph (A)— (i) by inserting “and that has elected to cover newly eligible individuals before March 1, 2017” after “that is one of the 50 States or the District of Columbia”; and (ii) by inserting after “subclause (VIII) of section 1902(a)(10)(A)(i)” the following: “who, for periods after December 31, 2019, are grandfathered expansion enrollees (as defined in section 1902(nn)(2))”; and (B) in subsection (z)(2)— (i) in subparagraph (A), by inserting after “section 1937” the following: “and, for periods after December 31, 2019, who are grandfathered expansion enrollees (as defined in section 1902(nn)(2))”; and (ii) in subparagraph (B)(ii)— (I) in subclause (VI), by adding “and” at the end; and (II) by inserting “through fiscal year 2027” after “each subsequent year” in subclause (VI); and (III) by inserting the following new subclause: “(VII) 2028 and each subsequent year is 80 percent, decreasing ten percent per year for eight years thereafter.” (b) Sunset of essential health benefits requirement.—Section 1937(b)(5) of the Social Security Act (42 U.S.C. 1396u–7(b)(5)) is repealed. Sec. 113. Elimination of DSH cuts. Section 1923(f) of the Social Security Act (42 U.S.C. 1396r–4(f)) is amended— (1) in paragraph (7)— (A) in subparagraph (A)— (i) in clause (i) by striking “and for each of fiscal years 2028 through 2031”; and (ii) in clause (ii)— (I) in subclause (I), by adding “and” at the end; (II) in subclause (II), by striking the semicolon at the end and inserting a period; and (III) by striking subclauses (III) through (VIII); and (B) by adding at the end the following new subparagraph: “(C) EXEMPTION FROM REDUCTION FOR NON-EXPANSION STATES.— “(i) IN GENERAL.—In the case of a State that is a non-expansion State for a fiscal year, subparagraph (A)(i) shall not apply to the DSH allotment for such State and fiscal year. “(ii) NO CHANGE IN REDUCTION FOR EXPANSION STATES.—In the case of a State that is an expansion State for a fiscal year, the DSH allotment for such State and fiscal year shall be determined as if clause (i) did not apply. “(iii) NON-EXPANSION AND EXPANSION STATE DEFINED.— “(I) The term ‘expansion State’ means with respect to a fiscal year, a State that, as of July 1 of the preceding fiscal year, provides for eligibility under clause (i)(VIII) or (ii)(XX) of section 1902(a)(10)(A) for medical assistance under this title (or a waiver of the State plan approved under section 1115). “(II) The term ‘non-expansion State’ means, with respect to a fiscal year, a State that is not an expansion State.”; and (2) in paragraph (8), by striking “fiscal year 2031” and inserting “fiscal year 2028”. Sec. 114. Reducing State Medicaid costs. (a) Letting States disenroll high dollar lottery winners.— (1) IN GENERAL.—Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended— (A) in subsection (a)(17), by striking “(e)(14), (e)(14)” and inserting “(e)(14), (e)(15)”; and (B) in subsection (e)— (i) in paragraph (14) (relating to modified adjusted gross income), by adding at the end the following new subparagraph: “(J) TREATMENT OF CERTAIN LOTTERY WINNINGS AND INCOME RECEIVED AS A LUMP SUM.— “(i) IN GENERAL.—In the case of an individual who is the recipient of qualified lottery winnings (pursuant to lotteries occurring on or after January 1, 2028) or qualified lump sum income (received on or after such date) and whose eligibility for medical assistance is determined based on the application of modified adjusted gross income under subparagraph (A), a State shall, in determining such eligibility, include such winnings or income (as applicable) as income received— “(I) in the month in which such winnings or income (as applicable) is received if the amount of such winnings or income is less than $80,000; “(II) over a period of 2 months if the amount of such winnings or income (as applicable) is greater than or equal to $80,000 but less than $90,000; “(III) over a period of 3 months if the amount of such winnings or income (as applicable) is greater than or equal to $90,000 but less than $100,000; and “(IV) over a period of 3 months plus 1 additional month for each increment of $10,000 of such winnings or income (as applicable) received, not to exceed a period of 120 months (for winnings or income of $1,260,000 or more), if the amount of such winnings or income is greater than or equal to $100,000. “(ii) COUNTING IN EQUAL INSTALLMENTS.—For purposes of subclauses (II), (III), and (IV) of clause (i), winnings or income to which such subclause applies shall be counted in equal monthly installments over the period of months specified under such subclause. “(iii) HARDSHIP EXEMPTION.—An individual whose income, by application of clause (i), exceeds the applicable eligibility threshold established by the State, may continue to be eligible for medical assistance to the extent that the State determines, under procedures established by the State under the State plan (or in the case of a waiver of the plan under section 1115, incorporated in such waiver), or as otherwise established by such State in accordance with such standards as may be specified by the Secretary, that the denial of eligibility of the individual would cause an undue medical or financial hardship as determined on the basis of criteria established by the Secretary. “(iv) NOTIFICATIONS AND ASSISTANCE REQUIRED IN CASE OF LOSS OF ELIGIBILITY.—A State shall, with respect to an individual who loses eligibility for medical assistance under the State plan (or a waiver of such plan) by reason of clause (i), before the date on which the individual loses such eligibility, inform the individual of the date on which the individual would no longer be considered ineligible by reason of such clause to receive medical assistance under the State plan or under any waiver of such plan and the date on which the individual would be eligible to reapply to receive such medical assistance. “(v) QUALIFIED LOTTERY WINNINGS DEFINED.—In this subparagraph, the term ‘qualified lottery winnings’ means winnings from a sweepstakes, lottery, or pool described in paragraph (3) of section 4402 of the Internal Revenue Code of 1986 or a lottery operated by a multistate or multijurisdictional lottery association, including amounts awarded as a lump sum payment. “(vi) QUALIFIED LUMP SUM INCOME DEFINED.—In this subparagraph, the term ‘qualified lump sum income’ means income that is received as a lump sum from one of the following sources: “(I) Monetary winnings from gambling (as defined by the Secretary and including monetary winnings from gambling activities described in section 1955(b)(4) of title 18, United States Code). “(II) Income received as liquid assets from the estate (as defined in section 1917(b)(4)) of a deceased individual.”; and (ii) by striking “(14) Exclusion” and inserting “(15) Exclusion”. (2) RULES OF CONSTRUCTION.— (A) INTERCEPTION OF LOTTERY WINNINGS ALLOWED.—Nothing in the amendment made by paragraph (1)(B)(i) shall be construed as preventing a State from intercepting the State lottery winnings awarded to an individual in the State to recover amounts paid by the State under the State Medicaid plan under title XIX of the Social Security Act for medical assistance furnished to the individual. (B) APPLICABILITY LIMITED TO ELIGIBILITY OF RECIPIENT OF LOTTERY WINNINGS OR LUMP SUM INCOME.—Nothing in the amendment made by paragraph (1)(B)(i) shall be construed, with respect to a determination of household income for purposes of a determination of eligibility for medical assistance under the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver of such plan) made by applying modified adjusted gross income under subparagraph (A) of section 1902(e)(14) of such Act (42 U.S.C. 1396a(e)(14)), as limiting the eligibility for such medical assistance of any individual that is a member of the household other than the individual (or the individual’s spouse) who received qualified lottery winnings or qualified lump-sum income (as defined in subparagraph (J) of such section 1902(e)(14), as added by paragraph (1)(B)(i) of this subsection). (b) Repeal of retroactive eligibility.— (1) IN GENERAL.— (A) STATE PLAN REQUIREMENTS.—Section 1902(a)(34) of the Social Security Act (42 U.S.C. 1396a(a)(34)) is amended by striking “in or after the third month before the month in which he made application” and inserting “in or after the month in which the individual made application”. (B) DEFINITION OF MEDICAL ASSISTANCE.—Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended by striking “in or after the third month before the month in which the recipient makes application for assistance” and inserting “in or after the month in which the recipient makes application for assistance”. (2) EFFECTIVE DATE.—The amendments made by paragraph (1) shall apply to medical assistance with respect to individuals whose eligibility for such assistance is based on an application for such assistance made (or deemed to be made) on or after October 1, 2028. (c) Updating allowable home equity limits in Medicaid.— (1) IN GENERAL.—Section 1917(f)(1) of the Social Security Act (42 U.S.C. 1396p(f)(1)) is amended— (A) in subparagraph (A), by striking “subparagraphs (B) and (C)” and inserting “subparagraph (B)”; (B) by striking subparagraph (B); (C) by redesignating subparagraph (C) as subparagraph (B); and (D) in subparagraph (B), as so redesignated, by striking “dollar amounts specified in this paragraph” and inserting “dollar amount specified in subparagraph (A)”. (2) EFFECTIVE DATE.— (A) IN GENERAL.—The amendments made by paragraph (1) shall apply with respect to eligibility determinations made after the date that is 180 days after the date of the enactment of this section. (B) EXCEPTION FOR STATE LEGISLATION.—In the case of a State plan under title XIX of the Social Security Act that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this subsection, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. (d) Reducing State and Federal debts incurred by Medicaid, CHIP, and other grant program accounting errors.— (1) IN GENERAL.—The Centers for Medicare & Medicaid Services are required to issue optimal arrangements to prevent states from taking out loans to pay Medicaid expenses before reimbursement by the Federal government, including by way of issuing loans with interest pegged to healthcare inflation which would be automatically forgiven as a means of delivering funding. (2) APPLICATION.—This subsection shall apply to all health programs administered by the Federal government involving states, including the State Children's Health Insurance Program and Medicaid. (3) Medicare PART C.—The Centers for Medicare & Medicaid Services may establish similar practices to ensure minimization of costs for the Medicare program insofar as it is practicable, including as may be li. (4) ENFORCEMENT.—This provision may be enforced via withholding or reduction of funding as well as via other methods available as provided by law. (e) Section 1115(a)(1) of the Social Security Act (42 U.S.C. 1315(a)(1)) is amended— (1) by striking “1602, or 1902” and inserting “or 1602”; and (2) by inserting “and shall waive compliance with section 1902,” after “as the case may be,”. Sec. 115. Safety net funding for non-expansion States. Title XIX of the Social Security Act is amended by inserting after section 1923 (42 U.S.C. 1396r–4) the following new section: “Adjustment in payment for services of safety net providers in non-expansion States “Sec. 1923A. “(a) In general.—Subject to the limitations of this section, for each year during the period beginning with fiscal year 2028 and ending with fiscal year 2032, each State that is one of the 50 States or the District of Columbia and that, as of July 1 of the preceding fiscal year, did not provide for eligibility under clause (i)(VIII) or (ii)(XX) of section 1902(a)(10)(A) for medical assistance under this title (or a waiver of the State plan approved under section 1115) (each such State or District referred to in this section for the fiscal year as a ‘non-expansion State’) may adjust the payment amounts otherwise provided under the State plan under this title (or a waiver of such plan) to health care providers that provide health care services to individuals enrolled under this title (in this section referred to as ‘eligible providers’) so long as the payment adjustment to such an eligible provider does not exceed the provider’s costs in furnishing health care services (as determined by the Secretary and net of payments under this title, other than under this section, and by uninsured patients) to individuals who either are eligible for medical assistance under the State plan (or under a waiver of such plan) or have no health insurance or health plan coverage for such services. “(b) Increase in applicable FMAP.—Notwithstanding section 1905(b), the Federal medical assistance percentage applicable with respect to expenditures attributable to a payment adjustment under subsection (a) for which payment is permitted under subsection (c) shall be equal to— “(1) 100 percent for calendar quarters in fiscal years 2028, 2029, 2030, and 2031; and “(2) 95 percent for calendar quarters in fiscal year 2032. “(c) Annual allotment limitation.—Payment under section 1903(a) shall not be made to a State with respect to any payment adjustment made under this section for all calendar quarters in a fiscal year in excess of the $2,000,000,000 multiplied by the ratio of— “(1) the population of the State with income below 138 percent of the poverty line in 2020 (as determined based the table entitled ‘Health Insurance Coverage Status and Type by Ratio of Income to Poverty Level in the Past 12 Months by Age’ for the universe of the civilian noninstitutionalized population for whom poverty status is determined based on the 2015 American Community Survey 1–Year Estimates, as published by the Bureau of the Census), to “(2) the sum of the populations under paragraph (1) for all non-expansion States. “(d) Disqualification in case of State coverage expansion.—If a State is a non-expansion for a fiscal year and provides eligibility for medical assistance described in subsection (a) during the fiscal year, the State shall no longer be treated as a non-expansion State under this section for any subsequent fiscal years.”. Sec. 116. Providing incentives for increased frequency of eligibility redeterminations. (a) In general.—Section 1902(e)(14) of the Social Security Act (42 U.S.C. 1396a(e)(14)) (relating to modified adjusted gross income), as amended by section 114(a)(1), is further amended by adding at the end the following: “(K) FREQUENCY OF ELIGIBILITY REDETERMINATIONS.—Beginning on October 1, 2027, and notwithstanding subparagraph (H), in the case of an individual whose eligibility for medical assistance under the State plan under this title (or a waiver of such plan) is determined based on the application of modified adjusted gross income under subparagraph (A) and who is so eligible on the basis of clause (i)(VIII) or clause (ii)(XX) of subsection (a)(10)(A), a State shall redetermine such individual’s eligibility for such medical assistance no less frequently than once every 6 months.”. (b) Increased administrative matching percentage.—For each calendar quarter during the period beginning on October 1, 2027, and ending on December 31, 2031, the Federal matching percentage otherwise applicable under section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) with respect to State expenditures during such quarter that are attributable to meeting the requirement of section 1902(e)(14) (relating to determinations of eligibility using modified adjusted gross income) of such Act shall be increased by 5 percentage points with respect to State expenditures attributable to activities carried out by the State (and approved by the Secretary) to increase the frequency of eligibility redeterminations required by subparagraph (K) of such section (relating to eligibility redeterminations made on a 6-month basis) (as added by subsection (a)). Sec. 117. Work requirement for nondisabled, nonpregnant adults under Medicaid. (a) Section 1902 of the Social Security Act (42 U.S.C. 1396a), as previously amended, is further amended (effective October 2, 2027) by striking subsection (jj) and inserting the following in its place: “(jj) Work requirement option for nondisabled, nonpregnant adults.— “(1) IN GENERAL.—Beginning October 1, 2028, subject to paragraph (3), a State may elect to condition medical assistance to a nondisabled, nonpregnant individual under this title upon such an individual’s satisfaction of a work requirement (as defined in paragraph (2)). “(2) WORK REQUIREMENT DEFINED.—In this section, the term ‘work requirement’ means, with respect to an individual, the individual’s participation in work activities (as defined in section 407(d) (42 U.S.C. 607(d)) for such period of time as determined by the State, and as directed and administered by the State. “(3) REQUIRED EXCEPTIONS.—States administering a work requirement under this subsection may not apply such requirement to— “(A) a woman who recently gave birth through the end of the month in which the 90-day period beginning on the last day of her pregnancy, as recorded on the birth certificate of the youngest child delivered as a result of such pregnancy; “(B) an individual who is under 18 years of age; “(C) an individual who is the only parent or caretaker relative in the family of a child who has not attained 6 years of age or who is the only parent or caretaker of a child with disabilities necessitating exemption; “(D) an individual who is unable to work due to hospitalization; or “(E) an individual who is married or widowed and has seven or more children living in the home. “(4) FUNDING MODIFICATION.—No funds shall be granted to States for payments made for any individual eligible for hospital insurance under section 226. No funds shall be granted to States for payments made for any medical assistance for any nondisabled, nonpregnant individuals not participating in work activities who are not covered by an exemption under paragraph (3) of this section. “(5) WORK OPPORTUNITY REQUESTS.—Applicants and current Medicaid recipients may submit requests to states for opportunities to fulfill their obligations under this subsection; however, a submission of such a request shall not count as satisfaction of a work requirement under this section.”. Sec. 118. Enabling Medicaid payments for conversion therapy. (a) In general.—Section 1902 of the Social Security Act (42 U.S.C. 1396a), as previously amended, is amended— (1) in subsection (a)— (A) in paragraph (85), by striking “and” at the end; (B) in paragraph (86), by striking the period at the end and inserting “; and”; and (C) by inserting after paragraph (86) the following new paragraph: “(87) provide that, beginning with the first day of the first quarter that begins on or after the date of enactment of this paragraph, payment may be made under the plan with respect to conversion therapy (as defined in subsection (qq)) furnished to an individual enrolled under the plan (or a waiver of such plan).”; and (2) by amending subsection (qq) as follows: “(qq) Conversion therapy; Gender identity; Person; Sexual orientation.—For purposes of subsection (a)(87) and this subsection: “(1) CONVERSION THERAPY.—The term ‘conversion therapy’— “(A) means any practice or treatment by any person that seeks to change another individual’s sexual orientation or gender identity (unless such practice seeks to change a heterosexual or cisgender individual’s sexual orientation or gender identity shall not be treated as conversion therapy), including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, if such person receives monetary compensation in exchange for any such practice or treatment; and “(B) does not include any practice or treatment, which does not seek to change sexual orientation or gender identity, that— “(i) provides assistance to an individual undergoing a gender transition; or “(ii) provides acceptance, support, and understanding of a client or facilitation of a client’s coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. “(2) GENDER IDENTITY.—The term ‘gender identity’ means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. “(3) PERSON.—The term ‘person’ means any individual, partnership, corporation, cooperative, association, or any other entity. “(4) SEXUAL ORIENTATION.—The term ‘sexual orientation’ means homosexuality, heterosexuality, or bisexuality. “(5) CISGENDER.—The term ‘cisgender’ refers to the gender identity which aligns with the binary reality of biological sex and matches the chromosomal and genital reality of the individual.”. (b) Preemption.—Any State law, regulation, or ordinance which may claim to outlaw conversion therapy as defined by the Social Security Act or establish regulations which have the effect of shutting down all conversion therapy providers in a State are hereby preempted. Sec. 119. Directing State Medicaid fraud control units to investigate and prosecute beneficiary fraud. (a) In general.—Section 1903(q)(3) of the Social Security Act (42 U.S.C. 1396b(q)(3)) is amended— (1) by inserting “, application for, or receipt of” after “the provision of” each place it appears; (2) by inserting “, and individuals applying for or receiving,” after “providers of”; and (3) by inserting “, and individuals applying for or receiving,” before “such services”. (b) Conforming change.—Section 1902(a)(61) of the Social Security Act (42 U.S.C. 1396a(a)(61)) is amended by inserting “, application for, and receipt of” after “the provision of” each place it appears. (c) Effective date.—The amendments made by subsection (a) shall apply beginning on the date that is 180 days after the date of the enactment of this Act. Sec. XXX. Enabling payments for aesthetic treatment. (a) Indian Health Service.— (b) TRICARE?.— (c) Medicaid.— Subtitle C—Reformed payments to States Sec. 121. Per capita allotment for medical assistance. Title XIX of the Social Security Act is amended— (1) in section 1903 (42 U.S.C. 1396b)— (A) in subsection (a), in the matter before paragraph (1), by inserting “and section 1903A(a)” after “except as otherwise provided in this section”; and (B) in subsection (d)(1), by striking “to which” and inserting “to which, subject to section 1903A(a),”; and (2) by inserting after such section 1903 the following new section: “Sec. 1903A. Per capita-based cap on payments for medical assistance. “(a) Application of per capita cap on payments for medical assistance expenditures.— “(1) IN GENERAL.—If a State has excess aggregate medical assistance expenditures (as defined in paragraph (2)) for a fiscal year (beginning with fiscal year 2020), the amount of payment to the State under section 1903(a)(1) for each quarter in the following fiscal year shall be reduced by ¼ of the excess aggregate medical assistance payments (as defined in paragraph (3)) for that previous fiscal year. In this section, the term ‘State’ means only the 50 States and the District of Columbia. “(2) EXCESS AGGREGATE MEDICAL ASSISTANCE EXPENDITURES.—In this subsection, the term ‘excess aggregate medical assistance expenditures’ means, for a State for a fiscal year, the amount (if any) by which— “(A) the amount of the adjusted total medical assistance expenditures (as defined in subsection (b)(1)) for the State and fiscal year; exceeds “(B) the amount of the target total medical assistance expenditures (as defined in subsection (c)) for the State and fiscal year. “(3) EXCESS AGGREGATE MEDICAL ASSISTANCE PAYMENTS.—In this subsection, the term ‘excess aggregate medical assistance payments’ means, for a State for a fiscal year, the product of— “(A) the excess aggregate medical assistance expenditures (as defined in paragraph (2)) for the State for the fiscal year; and “(B) the Federal average medical assistance matching percentage (as defined in paragraph (4)) for the State for the fiscal year. “(4) FEDERAL AVERAGE MEDICAL ASSISTANCE MATCHING PERCENTAGE.—In this subsection, the term ‘Federal average medical assistance matching percentage’ means, for a State for a fiscal year, the ratio (expressed as a percentage) of— “(A) the amount of the Federal payments that would be made to the State under section 1903(a)(1) for medical assistance expenditures for calendar quarters in the fiscal year if paragraph (1) did not apply; to “(B) the amount of the medical assistance expenditures for the State and fiscal year. “(b) Adjusted total medical assistance expenditures.—Subject to subsection (g), the following shall apply: “(1) IN GENERAL.—In this section, the term ‘adjusted total medical assistance expenditures’ means, for a State— “(A) for fiscal year 2028, the product of— “(i) the amount of the medical assistance expenditures (as defined in paragraph (2)) for the State and fiscal year, reduced by the amount of any excluded expenditures (as defined in paragraph (3)) for the State and fiscal year otherwise included in such medical assistance expenditures; and “(ii) the 1903A FY20 population percentage (as defined in paragraph (4)) for the State; or “(B) for fiscal year 2029 or a subsequent fiscal year, the amount of the medical assistance expenditures (as defined in paragraph (2)) for the State and fiscal year that is attributable to 1903A enrollees, reduced by the amount of any excluded expenditures (as defined in paragraph (3)) for the State and fiscal year otherwise included in such medical assistance expenditures and includes non-DSH supplemental payments (as defined in subsection (d)(4)(A)(ii)) and payments described in subsection (d)(4)(A)(iii) but shall not be construed as including any expenditures attributable to the program under section 1928. In applying subparagraph (B), non-DSH supplemental payments (as defined in subsection (d)(4)(A)(ii)) and payments described in subsection (d)(4)(A)(iii) shall be treated as fully attributable to 1903A enrollees. “(2) MEDICAL ASSISTANCE EXPENDITURES.—In this section, the term ‘medical assistance expenditures’ means, for a State and fiscal year, the medical assistance payments as reported by medical service category on the Form CMS-64 quarterly expense report (or successor to such a report form, and including enrollment data and subsequent adjustments to any such report, in this section referred to collectively as a ‘CMS-64 report’) for which payment is (or may otherwise be) made pursuant to section 1903(a)(1). “(3) EXCLUDED EXPENDITURES.—In this section, the term ‘excluded expenditures’ means, for a State and fiscal year, expenditures under the State plan (or under a waiver of such plan) that are attributable to any of the following: “(A) DSH.—Payment adjustments made for disproportionate share hospitals under section 1923. “(B) MEDICARE COST-SHARING.—Payments made for Medicare cost-sharing (as defined in section 1905(p)(3)). “(C) SAFETY NET PROVIDER PAYMENT ADJUSTMENTS IN NON-EXPANSION STATES.—Payment adjustments under subsection (a) of section 1923A for which payment is permitted under subsection (c) of such section. “(D) MISCELLANEOUS EXPENDITURES.—Payments made for any defunded activity or prohibited entity as defined by section 102 of the Health Care Act of 2027. “(4) 1903A FY 20 POPULATION PERCENTAGE.—In this subsection, the term ‘1903A FY20 population percentage’ means, for a State, the Secretary’s calculation of the percentage of the actual medical assistance expenditures, as reported by the State on the CMS–64 reports for calendar quarters in fiscal year 2020, that are attributable to 1903A enrollees (as defined in subsection (e)(1)). “(c) Target total medical assistance expenditures.— “(1) CALCULATION.—In this section, the term ‘target total medical assistance expenditures’ means, for a State for a fiscal year and subject to paragraph (4), the sum of the products, for each of the 1903A enrollee categories (as defined in subsection (e)(2)), of— “(A) the target per capita medical assistance expenditures (as defined in paragraph (2)) for the enrollee category, State, and fiscal year; “(B) the number of 1903A enrollees for such enrollee category, State, and fiscal year, as determined under subsection (e)(4). “(2) TARGET PER CAPITA MEDICAL ASSISTANCE EXPENDITURES.—In this subsection, the term ‘target per capita medical assistance expenditures’ means, for a 1903A enrollee category and State— “(A) for fiscal year 2020, an amount equal to— “(i) the provisional FY22 target per capita amount for such enrollee category (as calculated under subsection (d)(5)) for the State; increased by “(ii) the applicable annual inflation factor (as defined in paragraph (3)) for fiscal year 2020; and “(B) for each succeeding fiscal year, an amount equal to— “(i) the target per capita medical assistance expenditures (under subparagraph (A) or this subparagraph) for the 1903A enrollee category and State for the preceding fiscal year, increased by “(ii) the applicable annual inflation factor for that succeeding fiscal year. “(3) APPLICABLE ANNUAL INFLATION FACTOR.—In paragraph (2), the term ‘applicable annual inflation factor’ means, for a fiscal year— “(A) for each of the 1903A enrollee categories described in subparagraphs (C), (D), and (E) of subsection (e)(2), the percentage increase in the medical care component of the consumer price index for all urban consumers (U.S. city average) from September of the previous fiscal year to September of the fiscal year involved; and “(B) for each of the 1903A enrollee categories described in subparagraphs (A) and (B) of subsection (e)(2), the percentage increase described in subparagraph (A) plus 1 percentage point. “(4) DECREASE IN TARGET EXPENDITURES FOR REQUIRED EXPENDITURES BY CERTAIN POLITICAL SUBDIVISIONS.— “(A) IN GENERAL.—In the case of a State that had a DSH allotment under section 1923(f) for fiscal year 2020 that was more than 6 times the national average of such allotments for all the States for such fiscal year and that requires political subdivisions within the State to contribute funds towards medical assistance or other expenditures under the State plan under this title (or under a waiver of such plan) for a fiscal year (beginning with fiscal year 2028), the target total medical assistance expenditures for such State and fiscal year shall be decreased by the amount that political subdivisions in the State are required to contribute under the plan (or waiver) without reimbursement from the State for such fiscal year, other than contributions described in subparagraph (B). “(B) EXCEPTIONS.—The contributions described in this subparagraph are the following: “(i) Contributions required by a State from a political subdivision that, as of the first day of the calendar year in which the fiscal year involved begins— “(I) has a population of more than 5,000,000, as estimated by the Bureau of the Census; and “(II) imposes a local income tax upon its residents. “(ii) Contributions required by a State from a political subdivision for administrative expenses if the State required such contributions from such subdivision without reimbursement from the State as of January 1, 2027. “(d) Calculation of FY19 provisional target amount for each 1903A enrollee category.—Subject to subsection (g), the following shall apply: “(1) CALCULATION OF BASE AMOUNTS FOR FISCAL YEAR 2020.—For each State the Secretary shall calculate (and provide notice to the State not later than April 1, 2028, of) the following: “(A) The amount of the adjusted total medical assistance expenditures (as defined in subsection (b)(1)) for the State for fiscal year 2020. “(B) The number of 1903A enrollees for the State in fiscal year 2020 (as determined under subsection (e)(4)). “(C) The average per capita medical assistance expenditures for the State for fiscal year 2020 equal to— “(i) the amount calculated under subparagraph (A); divided by “(ii) the number calculated under subparagraph (B). “(2) FISCAL YEAR 2028 AVERAGE PER CAPITA AMOUNT BASED ON INFLATING THE FISCAL YEAR 2016 AMOUNT TO FISCAL YEAR 2028 BY CPI-MEDICAL.—The Secretary shall calculate a fiscal year 2019 average per capita amount for each State equal to— “(A) the average per capita medical assistance expenditures for the State for fiscal year 2020 (calculated under paragraph (1)(C)); increased by “(B) the percentage increase in the medical care component of the consumer price index for all urban consumers (U.S. city average) from September, 2020 to September, 2027. “(3) AGGREGATE AND AVERAGE EXPENDITURES PER CAPITA FOR FISCAL YEAR 2019.—The Secretary shall calculate for each State the following: “(A) The amount of the adjusted total medical assistance expenditures (as defined in subsection (b)(1)) for the State for fiscal year 2028. “(B) The number of 1903A enrollees for the State in fiscal year 2019 (as determined under subsection (e)(4)). “(4) PER CAPITA EXPENDITURES FOR FISCAL YEAR 2028 FOR EACH 1903A ENROLLEE CATEGORY.—The Secretary shall calculate (and provide notice to each State not later than January 1, 2028, of) the following: “(A) (i) For each 1903A enrollee category, the amount of the adjusted total medical assistance expenditures (as defined in subsection (b)(1)) for the State for fiscal year 2020 for individuals in the enrollee category, calculated by excluding from medical assistance expenditures those expenditures attributable to expenditures described in clause (iii) or non-DSH supplemental expenditures (as defined in clause (ii)). “(ii) In this paragraph, the term ‘non-DSH supplemental expenditure’ means a payment to a provider under the State plan (or under a waiver of the plan) that— “(I) is not made under section 1923; “(II) is not made with respect to a specific item or service for an individual; “(III) is in addition to any payments made to the provider under the plan (or waiver) for any such item or service; and “(IV) complies with the limits for additional payments to providers under the plan (or waiver) imposed pursuant to section 1902(a)(30)(A), including the regulations specifying upper payment limits under the State plan in part 447 of title 42, Code of Federal Regulations (or any successor regulations). “(iii) An expenditure described in this clause is an expenditure that meets the criteria specified in subclauses (I), (II), and (III) of clause (ii) and is authorized under section 1115 for the purposes of funding a delivery system reform pool, uncompensated care pool, a designated State health program, or any other similar expenditure (as defined by the Secretary). “(B) For each 1903A enrollee category, the number of 1903A enrollees for the State in fiscal year 2028 in the enrollee category (as determined under subsection (e)(4)). “(C) For fiscal year 2020, the State’s non-DSH supplemental and pool payment percentage is equal to the ratio (expressed as a percentage) of— “(i) the total amount of non-DSH supplemental expenditures (as defined in subparagraph (A)(ii)) and payments described in subparagraph (A)(iii) for the State for fiscal year 2020; to “(ii) the amount described in subsection (b)(1)(A) for the State for fiscal year 2020. “(D) For each 1903A enrollee category an average medical assistance expenditures per capita for the State for fiscal year 2019 for the enrollee category equal to— “(i) the amount calculated under subparagraph (A) for the State, increased by the non-DSH supplemental and pool payment percentage for the State (as calculated under subparagraph (C)); divided by “(ii) the number calculated under subparagraph (B) for the State for the enrollee category. “(5) PROVISIONAL FY20 PER CAPITA TARGET AMOUNT FOR EACH 1903A ENROLLEE CATEGORY.—Subject to subsection (f)(2), the Secretary shall calculate for each State a provisional FY20 per capita target amount for each 1903A enrollee category equal to the average medical assistance expenditures per capita for the State for fiscal year 2019 (as calculated under paragraph (4)(D)) for such enrollee category multiplied by the ratio of— “(A) the product of— “(i) the fiscal year 2028 average per capita amount for the State, as calculated under paragraph (2); and “(ii) the number of 1903A enrollees for the State in fiscal year 2028, as calculated under paragraph (3)(B); to “(B) the amount of the adjusted total medical assistance expenditures for the State for fiscal year 2028, as calculated under paragraph (3)(A). “(e) 1903A enrollee; 1903A enrollee category.—Subject to subsection (g), for purposes of this section, the following shall apply: “(1) 1903A ENROLLEE.—The term ‘1903A enrollee’ means, with respect to a State and a month and subject to subsection (i)(1)(B), any Medicaid enrollee (as defined in paragraph (3)) for the month, other than such an enrollee who for such month is in any of the following categories of excluded individuals: “(A) CHIP.—An individual who is provided, under this title in the manner described in section 2101(a)(2), child health assistance under title XXI. “(B) IHS.—An individual who receives any medical assistance under this title for services for which payment is made under the third sentence of section 1905(b). “(C) BREAST AND CERVICAL CANCER SERVICES ELIGIBLE INDIVIDUAL.—An individual who is entitled to medical assistance under this title only pursuant to section 1902(a)(10)(A)(ii)(XVIII). “(D) PARTIAL-BENEFIT ENROLLEES.—An individual who— “(i) is an alien who is entitled to medical assistance under this title only pursuant to section 1903(v)(2); “(ii) is entitled to medical assistance under this title only pursuant to subclause (XII) or (XXI) of section 1902(a)(10)(A)(ii) (or pursuant to a waiver that provides only comparable benefits); “(iii) is a dual eligible individual (as defined in section 1915(h)(2)(B)) and is entitled to medical assistance under this title (or under a waiver) only for some or all of Medicare cost-sharing (as defined in section 1905(p)(3)); or “(iv) is entitled to medical assistance under this title and for whom the State is providing a payment or subsidy to an employer for coverage of the individual under a group health plan pursuant to section 1906 or section 1906A (or pursuant to a waiver that provides only comparable benefits). “(2) 1903A ENROLLEE CATEGORY.—The term ‘1903A enrollee category’ means each of the following: “(A) ELDERLY.—A category of 1903A enrollees who are 65 years of age or older. “(B) BLIND AND DISABLED.—A category of 1903A enrollees (not described in the previous subparagraph) who are eligible for medical assistance under this title on the basis of being blind or disabled. “(C) CHILDREN.—A category of 1903A enrollees (not described in a previous subparagraph) who are children under 19 years of age. “(D) EXPANSION ENROLLEES.—A category of 1903A enrollees (not described in a previous subparagraph) for whom the amounts expended for medical assistance are subject to an increase or change in the Federal medical assistance percentage under subsection (y) or (z)(2), respectively, of section 1905. “(E) OTHER NONELDERLY, NONDISABLED, NON-EXPANSION ADULTS.—A category of 1903A enrollees who are not described in any previous subparagraph. “(3) MEDICAID ENROLLEE.—The term ‘Medicaid enrollee’ means, with respect to a State for a month, an individual who is eligible for medical assistance for items or services under this title and enrolled under the State plan (or a waiver of such plan) under this title for the month. “(4) DETERMINATION OF NUMBER OF 1903A ENROLLEES.—The number of 1903A enrollees for a State and fiscal year, and, if applicable, for a 1903A enrollee category, is the average monthly number of Medicaid enrollees for such State and fiscal year (and, if applicable, in such category) that are reported through the CMS–64 report under (and subject to audit under) subsection (h). “(f) Special payment rules.— “(1) APPLICATION IN CASE OF RESEARCH AND DEMONSTRATION PROJECTS AND OTHER WAIVERS.—In the case of a State with a waiver of the State plan approved under section 1115, section 1915, or another provision of this title, this section shall apply to medical assistance expenditures and medical assistance payments under the waiver, in the same manner as if such expenditures and payments had been made under a State plan under this title and the limitations on expenditures under this section shall supersede any other payment limitations or provisions (including limitations based on a per capita limitation) otherwise applicable under such a waiver. “(2) TREATMENT OF STATES EXPANDING COVERAGE AFTER FISCAL YEAR 2028.—In the case of a State that did not provide for medical assistance for the 1903A enrollee category described in subsection (e)(2)(D) during fiscal year 2016 but which provides for such assistance for such category in a subsequent year, the provisional FY19 per capita target amount for such enrollee category under subsection (d)(5) shall be equal to the provisional FY19 per capita target amount for the 1903A enrollee category described in subsection (e)(2)(E). “(3) IN CASE OF STATE FAILURE TO REPORT NECESSARY DATA.—If a State for any quarter in a fiscal year (beginning with fiscal year 2019) fails to satisfactorily submit data on expenditures and enrollees in accordance with subsection (h)(1), for such fiscal year and any succeeding fiscal year for which such data are not satisfactorily submitted— “(A) the Secretary shall calculate and apply subsections (a) through (e) with respect to the State as if all 1903A enrollee categories for which such expenditure and enrollee data were not satisfactorily submitted were a single 1903A enrollee category; and “(B) the growth factor otherwise applied under subsection (c)(2)(B) shall be decreased by 1 percentage point. “(g) Recalculation of certain amounts for data errors.—The amounts and percentage calculated under paragraphs (1) and (4)(C) of subsection (d) for a State for fiscal year 2020, and the amounts of the adjusted total medical assistance expenditures calculated under subsection (b) and the number of Medicaid enrollees and 1903A enrollees determined under subsection (e)(4) for a State for fiscal year 2020, fiscal year 2028, and any subsequent fiscal year, may be adjusted by the Secretary based upon an appeal (filed by the State in such a form, manner, and time, and containing such information relating to data errors that support such appeal, as the Secretary specifies) that the Secretary determines to be valid, except that any adjustment by the Secretary under this subsection for a State may not result in an increase of the target total medical assistance expenditures exceeding 2 percent. “(h) Required reporting and auditing of CMS–64 data; transitional increase in Federal matching percentage for certain administrative expenses.— “(1) REPORTING.—In addition to the data required on form Group VIII on the CMS–64 report form as of January 1, 2027, in each CMS-64 report required to be submitted (for each quarter beginning on or after October 1, 2018), the State shall include data on medical assistance expenditures within such categories of services and categories of enrollees (including each 1903A enrollee category and each category of excluded individuals under subsection (e)(1)) and the numbers of enrollees within each of such enrollee categories, as the Secretary determines are necessary (including timely guidance published as soon as possible after the date of the enactment of this section) in order to implement this section and to enable States to comply with the requirement of this paragraph on a timely basis. “(2) AUDITING.—The Secretary shall conduct for each State an audit of the number of individuals and expenditures reported through the CMS–64 report for fiscal year 2020, fiscal year 2028, and each subsequent fiscal year, which audit may be conducted on a representative sample (as determined by the Secretary). “(3) TEMPORARY INCREASE IN FEDERAL MATCHING PERCENTAGE TO SUPPORT IMPROVED DATA REPORTING SYSTEMS FOR FISCAL YEARS 2028 AND 2029.—For amounts expended during calendar quarters beginning on or after October 1, 2028, and before October 1, 2029— “(A) the Federal matching percentage applied under section 1903(a)(3)(A)(i) shall be increased by 10 percentage points to 100 percent; “(B) the Federal matching percentage applied under section 1903(a)(3)(B) shall be increased by 25 percentage points to 100 percent; and “(C) the Federal matching percentage applied under section 1903(a)(7) shall be increased by 10 percentage points to 60 percent but only with respect to amounts expended that are attributable to a State’s additional administrative expenditures to implement the data requirements of paragraph (1). “(i) Flexible block grant option for States.— “(1) IN GENERAL.—In the case of a State that elects the option of applying this subsection for a 10-fiscal-year period (beginning no earlier than fiscal year 2028 and, at the State option, for any succeeding 10-fiscal-year period) and that has a plan approved by the Secretary under paragraph (2) to carry out the option for such period— “(A) the State shall receive, instead of amounts otherwise payable to the State under this title for medical assistance for block grant individuals within the applicable block grant category (as defined in paragraph (6)) for the State during the period in which the election is in effect, the amount specified in paragraph (4); “(B) the previous provisions of this section shall be applied as if— “(i) block grant individuals within the applicable block grant category for the State and period were not section 1903A enrollees for each 10-fiscal year period for which the State elects to apply this subsection; and “(ii) if such option is not extended at the end of a 10-fiscal-year-period, the per capita limitations under such previous provisions shall again apply after such period and such limitations shall be applied as if the election under this subsection had never taken place; “(C) the payment under this subsection may only be used consistent with the State plan under paragraph (2) for block grant health care assistance (as defined in paragraph (7)); and “(D) with respect to block grant individuals within the applicable block grant category for the State for which block grant health care assistance is made available under this subsection, such assistance shall be instead of medical assistance otherwise provided to the individual under this title. “(2) STATE PLAN FOR ADMINISTERING BLOCK GRANT OPTION.— “(A) IN GENERAL.—No payment shall be made under this subsection to a State pursuant to an election for a 10-fiscal-year period under paragraph (1) unless the State has a plan, approved under subparagraph (B), for such period that specifies— “(i) the applicable block grant category with respect to which the State will apply the option under this subsection for such period; “(ii) the conditions for eligibility of block grant individuals within such applicable block grant category for block grant health care assistance under the option, which shall be instead of other conditions for eligibility under this title, except that in the case of a State that has elected the applicable block grant category described in— “(I) subparagraph (A) of paragraph (6), the plan must provide for eligibility for pregnant women and children required to be provided medical assistance under subsections (a)(10)(A)(i) and (e)(4) of section 1902; or “(II) subparagraph (B) of paragraph (6), the plan must provide for eligibility for pregnant women required to be provided medical assistance under subsection (a)(10)(A)(i); and “(iii) the types of items and services, the amount, duration, and scope of such services, the cost-sharing with respect to such services, and the method for delivery of block grant health care assistance under this subsection, which shall be instead of the such types, amount, duration, and scope, cost-sharing, and methods of delivery for medical assistance otherwise required under this title, except that the plan must provide for assistance for— “(I) hospital care; “(II) surgical care and treatment; “(III) medical care and treatment; “(IV) obstetrical and prenatal care and treatment; “(V) prescribed drugs, medicines, and prosthetic devices; “(VI) other medical supplies and services; and “(VII) health care for children under 18 years of age. “(B) REVIEW AND APPROVAL.—A plan described in subparagraph (A) shall be deemed approved by the Secretary unless the Secretary determines, within 30 days after the date of the Secretary’s receipt of the plan, that the plan is incomplete or actuarially unsound and, with respect to such plan and its implementation under this subsection, the requirements of paragraphs (1), (10)(B), (17), and (23) of section 1902(a) shall not apply. “(3) AMOUNT OF BLOCK GRANT FUNDS.— “(A) FOR INITIAL FISCAL YEAR.—The block grant amount under this paragraph for a State for the initial fiscal year in the first 10-fiscal-year period is equal to the sum of the products (for each applicable block grant category for such State and period) of— “(i) the target per capita medical assistance expenditures for such State for such fiscal year (under subsection (c)(2)); “(ii) the number of 1903A enrollees for such category and State for fiscal year 2019, as determined under subsection (e)(4); and “(iii) the Federal average medical assistance matching percentage (as defined in subsection (a)(4)) for the State for fiscal year 2019. “(B) FOR ANY SUBSEQUENT FISCAL YEAR.—The block grant amount under this paragraph for a State for each succeeding fiscal year (in any 10-fiscal-year period) is equal to the block grant amount under subparagraph (A) (or this subparagraph) for the State for the previous fiscal year increased by the annual increase in the consumer price index for all urban consumers (all items; U.S. city average) for the fiscal year involved. “(C) AVAILABILITY OF ROLLOVER FUNDS.—The block grant amount under this paragraph for a State for a fiscal year shall remain available to the State for expenditures under this subsection for the succeeding fiscal year but only if an election is in effect under this subsection for the State in such succeeding fiscal year. “(4) FEDERAL PAYMENT AND STATE RESPONSIBILITY.—The Secretary shall pay to each State with an election in effect under this subsection for a fiscal year, from its block grant amount under paragraph (3) available for such fiscal year, an amount for each quarter of such fiscal year equal to the enhanced FMAP described in the first sentence of section 2105(b) of the total amount expended under the State plan under this subsection during such quarter, and the State is responsible for the balance of funds to carry out such plan. “(5) BLOCK GRANT INDIVIDUAL DEFINED.—In this subsection, the term ‘block grant individual’ means, with respect to a State for a 10-fiscal-year period, an individual who is not disabled (as defined for purposes of the State plan) and who is within an applicable block grant category for the State and such period. “(6) APPLICABLE BLOCK GRANT CATEGORY DEFINED.—In this subsection, the term ‘applicable block grant category’ means with respect to a State for a 10-fiscal-year period, either of the following as specified by the State for such period in its plan under paragraph (2)(A)(i): “(A) 2 ENROLLEE CATEGORIES.—Both of the following 1903A enrollee categories: “(i) CHILDREN.—The 1903A enrollee category specified in subparagraph (C) of subsection (e)(2). “(ii) OTHER NONELDERLY, NONDISABLED, NON-EXPANSION ADULTS.—The 1903A enrollee category specified in subparagraph (E) of such subsection. “(B) OTHER NONELDERLY, NONDISABLED, NON-EXPANSION ADULTS.—Only the 1903A enrollee category specified in subparagraph (E) of subsection (e)(2). “(7) BLOCK GRANT HEALTH CARE ASSISTANCE.—In this subsection, the term ‘block grant health care assistance’ means assistance for health-care-related items and medical services for block grant individuals within the applicable block grant category for the State and 10-fiscal-year period involved who are low-income individuals (as defined by the State). “(8) AUDITING.—As a condition of receiving funds under this subsection, a State shall contract with an independent entity to conduct audits of its expenditures made with respect to activities funded under this subsection for each fiscal year for which the State elects to apply this subsection to ensure that such funds are used consistent with this subsection and shall make such audits available to the Secretary upon the request of the Secretary. “(9) FIRST PERIOD.—The first period beginning no earlier than FY2028 as defined by paragraph (1) shall end no later than fiscal year 2034, and shall not be a ten-year period. “(i) DEDUCTION FOR FAILURE TO ADEQUATELY REPORT DEATH.—Any State which does not meet reporting standards for certificates of death which may be established by the Department of Health and Human Services, the Department of the Treasury, and the Social Security Administration shall automatically lose ten percent of any funds to which it would otherwise be entitled under this Act.”. Sec. 122. Revival of Pregnancy Assistance Fund. (a) Section 10214 of the Patient Protection and Affordable Care Act is amended by striking “$25,000,000 for each of fiscal years 2010 through 2019, to carry out this chapter.” and inserting “$2,500,000,000 for each of fiscal years 2026 through 2035, to carry out this chapter.” (b) Section 10213 of the Patient Protection and Affordable Care Act is amended— (1) by inserting “(C) comprehensive assistance and incentives (as well as information about available assistance and incentives) to help women to become mothers.” at the end of subsection (d), (2) by inserting “Territorial and Tribal governments may, at the discretion of the Secretary, be treated as States for the purposes of this chapter.” at the ending of subsection (e), (3) by inserting “(and if appropriate, cash benefits for mothers who attend counseling prior to referral)” after “provide referrals” in subsection (b)(4)(E), (4) by adding at the end of the section a new subsection (f) as follows— “(f) Monitoring.—States receiving grants from the Pregnancy Assistance Fund must submit annual reports to the Secretary for Health and Human Services detailing: “(1) Birth rate outcomes: “(A) The number of births to women receiving any form of benefit under the program. “(B) The state’s Total Fertility Rate (TFR), with particular attention to increases in birth rates among young women (e.g., women under 25) and vulnerable populations. “(C) The teen pregnancy rate and the percentage of out-of-wedlock births, with efforts to reduce out-of-wedlock pregnancies through family formation programs and marriage incentives. “(2) Program utilization rates: “(A) The number of participants accessing prenatal care, postnatal recovery, adoption services, and family counseling. “(B) The participation rates in programs promoting family stability, including marriage counseling and family support services, as well as the percentage of program participants who enter marriage or adopt children. “(C) The number of participants in postpartum recovery services, including those accessing aesthetic treatments for physical recovery and mental health support. “(3) Financial reporting: “(A) States must provide an itemized breakdown of how Federal and State funds are used to support maternal health programs, specifying funding allocations for: “(i) Prenatal/postnatal care (minimum 40% of total funds). “(ii) Adoption incentives and family counseling (up to 20% of total funds). “(iii) Childcare and early education (minimum 10% of total funds). “(iv) Administrative costs, which must not exceed 10% of the total budget. “(v) Outcome-based accountability: States that demonstrate significant increases in birth rates, reductions in abortion rates, and improvements in maternal health outcomes may receive bonus funding. “(4) Impact on abortion rates: “(A) States must track and report the impact of the program on abortion rates, including: “(i) The number of adoption referrals and completed adoptions as a result of the program. “(ii) The number of abortions avoided due to participation in pregnancy support programs, family counseling, or adoption services. “(B) States which prohibit or restrict abortion shall be exempted from this requirement in respect to abortions which are prohibited in such States. “(5) Long-term outcomes for participants and society: “(A) States must report on the long-term success of participants, including: “(i) The percentage of mothers who complete education or transition to employment after receiving assistance. “(ii) Maternal and child health outcomes tracked for a minimum of two years after birth, focusing on both physical and mental health. “(iii) Family stability outcomes, including the percentage of participants who remain in stable relationships or marriages. “(B) Long-term Demographic Tracking: States must submit data on long-term demographic trends, including the impact of the program on: “(i) Overall birth rates in the state, including race, ethnicity, and income-level breakdowns. “(ii) The percentage of children born to married parents and the out-of-wedlock birth rate. “(iii) The impact on college-educated women, specifically tracking how the program influences birth rates among women pursuing higher education.” “(6) Penalties and performance incentives: “(A) The Secretary shall have the authority to set goals for the Pregnancy Assistance Fund. “(B) The Secretary shall have the authority to penalize States which fail to meet goals set for the Pregnancy Assistance Fund by reducing such States' funding via the Pregnancy Assistance Fund. “(C) The Secretary shall have the authority to establish rewards, which shall come from the funds of the Pregnancy Assistance Fund, for States which exceed the goals of the Pregnancy Assistance Fund and to define goal tiers for the purposes of administering such rewards.” (c) Religious adoption services.—Section 408 of the Social Security Act (42 U.S.C. 608) is amended by inserting at the end a new subsection (h) as follows— “(h) Religious non-discrimination” “Each State to which a grant is made under section 603 of this title (or under any other Federal law authorizing funds for adoption) shall not discriminate against any person, including any adoption agency, on the basis of religious belief or practice. Refusal to provide adoption services, including via prioritization, shall be considered an example of religious practice as defined under this section if such practice is partially or wholly motivated by sincere religious belief.” Subtitle D—Patient Relief and Health Insurance Market Stability Sec. 131. Repeal of cost-sharing subsidy. (a) In general.—Section 1402 of the Patient Protection and Affordable Care Act is repealed. (b) Effective date.—The repeal made by subsection (a) shall apply to cost-sharing reductions (and payments to issuers for such reductions) for plan years beginning after December 31, 2027. Sec. 132. Patient and State Stability Fund. The Social Security Act (42 U.S.C. 301 et seq.) is amended by adding at the end the following new title: “TITLE XXII—Patient and State Stability Fund “Sec. 2201. Establishment of program. “There is hereby established the ‘Patient and State Stability Fund’ to be administered by the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the ‘Administrator’), to provide funding, in accordance with this title, to the 50 States during the period, subject to section 2204(c), beginning on January 1, 2028, and ending on December 31, 2035, for the purposes described in section 2202. “Sec. 2202. Use of funds. “(a) In General.—Subject to subsections (b) and (c), a State may use the funds allocated to the State under this title for any of the following purposes: “(1) Helping, through the provision of financial assistance, high-risk individuals who do not have access to health insurance coverage offered through an employer enroll in health insurance coverage in the individual market in the State, as such market is defined by the State (whether through the establishment of a new mechanism or maintenance of an existing mechanism for such purpose). “(2) Providing incentives to appropriate entities to enter into arrangements with the State to help stabilize premiums for health insurance coverage in the individual market, as such markets are defined by the State. “(3) Reducing the cost for providing health insurance coverage in the individual market and small group market, as such markets are defined by the State, to individuals who have, or are projected to have, a high rate of utilization of health services (as measured by cost) and to individuals who have high costs of health insurance coverage due to the low density population of the State in which they reside. “(4) Promoting participation in the individual market and small group market in the State and increasing health insurance options available through such market. “(5) Promoting access to preventive services; dental care services (whether preventive or medically necessary); vision care services (whether preventive or medically necessary); or any combination of such services. “(6) Maternity coverage and newborn care. “(7) Prevention, treatment, or recovery support services for individuals with mental or substance use disorders, focused on either or both of the following: “(A) Direct inpatient or outpatient clinical care for treatment of addiction and mental illness. “(B) Early identification and intervention for children and young adults with serious mental illness. “(8) Providing payments, directly or indirectly, to health care providers for the provision of such health care services as are specified by the Administrator. “(9) Providing assistance to reduce out-of-pocket costs, such as copayments, coinsurance, premiums, and deductibles, of individuals enrolled in health insurance coverage in the State. “(b) Required use of increase in allotment.—A State shall use the additional allocation provided to the State from the funds appropriated under the second sentence of section 2204(a) for each year only for the purposes described in paragraphs (6) and (7) of subsection (a). “(c) Required use of additional increase to certain waiver States to provide financial hardship assistance.—A State shall use the additional allocation provided to the State from the funds appropriated under the last sentence of section 2204(a) only in accordance with such last sentence. “Sec. 2203. State eligibility and approval; Default safeguard. “(a) Encouraging State options for allocations.— “(1) IN GENERAL.—To be eligible for an allocation of funds under this title for a year during the period described in section 2201 for use for one or more purposes described in section 2202, a State shall submit to the Administrator an application at such time (but, in the case of allocations for 2018, not later than 45 days after the date of the enactment of this title and, in the case of allocations for a subsequent year, not later than March 31 of the previous year) and in such form and manner as specified by the Administrator and containing— “(A) a description of how the funds will be used for such purposes; “(B) a certification that the State will make, from non-Federal funds, expenditures for such purposes in an amount that is not less than the State percentage required for the year under section 2204(e)(1); and “(C) such other information as the Administrator may require. “(2) AUTOMATIC APPROVAL.—An application so submitted is approved unless the Administrator notifies the State submitting the application, not later than 60 days after the date of the submission of such application, that the application has been denied for not being in compliance with any requirement of this title and of the reason for such denial. “(3) ONE-TIME APPLICATION.—If an application of a State is approved for a year, with respect to a purpose described in section 2202, such application shall be treated as approved, with respect to such purpose, for each subsequent year through 2032. “(4) TREATMENT AS A STATE HEALTH CARE PROGRAM.—Any program receiving funds from an allocation for a State under this title, including pursuant to subsection (b), shall be considered to be a ‘State health care program’ for purposes of sections 1128, 1128A, and 1128B. “(b) Default Federal safeguard.— “(1) IN GENERAL.— “(A) 2028.—For allocations made under this title for 2018, in the case of a State that does not submit an application under subsection (a) by the 45-day submission date applicable to such year under subsection (a)(1) and in the case of a State that does submit such an application by such date that is not approved, subject to section 2204(e), the Administrator, in consultation with the State insurance commissioner, shall use the allocation that would otherwise be provided to the State under this title for such year, in accordance with paragraph (2), for such State. “(B) 2029 THROUGH 2034.—In the case of a State that does not have in effect an approved application under this section for 2019 or a subsequent year beginning during the period described in section 2201, subject to section 2204(e), the Administrator, in consultation with the State insurance commissioner, shall use the allocation that would otherwise be provided to the State under this title for such year, in accordance with paragraph (2), for such State. “(2) REQUIRED USE FOR MARKET STABILIZATION PAYMENTS TO ISSUERS.—Subject to section 2204(a), an allocation for a State made pursuant to paragraph (1) for a year shall be used to carry out the purpose described in section 2202(2) in such State by providing payments to appropriate entities described in such section with respect to claims that exceed $50,000 (or, with respect to allocations made under this title for 2020 or a subsequent year during the period specified in section 2201, such dollar amount specified by the Administrator), but do not exceed $350,000 (or, with respect to allocations made under this title for 2020 or a subsequent year during such period, such dollar amount specified by the Administrator), in an amount equal to 75 percent (or, with respect to allocations made under this title for 2020 or a subsequent year during such period, such percentage specified by the Administrator) of the amount of such claims. “Sec. 2204. Allocations. “(a) Appropriation.—For the purpose of providing allocations for States (including pursuant to section 2203(b)) under this title there is appropriated, out of any money in the Treasury not otherwise appropriated $15,000,000,000 for each year starting FY2028 and ending FY2034. The amount otherwise appropriated under the previous sentence for 2028 shall be increased by $22,000,000,000, to be used and available under subsection (d) only for the purposes described in paragraphs (6) and (7) of section 2202(a). The amount otherwise appropriated under this subsection shall be increased by $10,000,000,000 for the period beginning with 2028 and ending with 2030, to be allocated to non-expansion States. “(b) Allocations.— “(1) PAYMENT.— “(A) IN GENERAL.—From amounts appropriated under subsection (a) for a year, the Administrator shall, with respect to a State and not later than the date specified under subparagraph (B) for such year, allocate, subject to subsection (e), for such State (including pursuant to section 2203(b)) the amount determined for such State and year under paragraph (2). “(B) SPECIFIED DATE.—For purposes of subparagraph (A), the date specified in this subparagraph is— “(i) for 2028, the date that is 45 days after the date of the enactment of this title; and “(ii) for 2029 and subsequent years, January 1 of the respective year. “(2) ALLOCATION AMOUNT DETERMINATIONS.— “(A) FOR 2028 AND 2029.— “(i) IN GENERAL.—For purposes of paragraph (1), the amount determined under this paragraph for 2028 and 2029 for a State is an amount equal to the sum of— “(I) the relative incurred claims amount described in clause (ii) for such State and year; and “(II) the relative uninsured and issuer participation amount described in clause (iv) for such State and year. “(ii) RELATIVE INCURRED CLAIMS AMOUNT.—For purposes of clause (i), the relative incurred claims amount described in this clause for a State for 2018 and 2019 is the product of— “(I) 85 percent of the amount appropriated under subsection (a) for the year; and “(II) the relative State incurred claims proportion described in clause (iii) for such State and year. “(iii) RELATIVE STATE INCURRED CLAIMS PROPORTION.—The relative State incurred claims proportion described in this clause for a State and year is the amount equal to the ratio of— “(I) the adjusted incurred claims by the State, as reported to the Secretary of Health and Human Services based on a process which shall be established by such Secretary; to “(II) the sum of such adjusted incurred claims for all States, as so reported, for such third previous year. “(iv) RELATIVE UNINSURED AND ISSUER PARTICIPATION AMOUNT.—For purposes of clause (i), the relative uninsured and issuer participation amount described in this clause for a State for 2018 and 2019 is the product of— “(I) 15 percent of the amount appropriated under subsection (a) for the year; and “(II) the relative State uninsured and issuer participation proportion described in clause (v) for such State and year. “(v) RELATIVE STATE UNINSURED AND ISSUER PARTICIPATION PROPORTION.—The relative State uninsured and issuer participation proportion described in this clause for a State and year is— “(I) in the case of a State not described in clause (vi) for such year, 0; and “(II) in the case of a State described in clause (vi) for such year, the amount equal to the ratio of— “(aa) the number of individuals residing in such State who for the third preceding year were not enrolled in a health plan or otherwise did not have health insurance coverage (including through a Federal or State health program) and whose income is below 100 percent of the poverty line applicable to a family of the size involved; to “(bb) the sum of the number of such individuals for all States described in clause (vi) for the third preceding year. “(vi) STATES DESCRIBED.—For purposes of clause (v), a State is described in this clause, with respect to 2027 and 2028, if the State satisfies either of the following criterion: “(I) The ratio described in subclause (II) of clause (v) that would be determined for such State by substituting ‘2020’ for each reference in such subclause to ‘the third preceding year’ and by substituting ‘all such States’ for the reference in item (bb) of such subclause to ‘all States described in clause (vi)’ is greater than the ratio described in such subclause that would be determined for such State by substituting ‘2013’ for each reference in such subclause to ‘the third preceding year’ and by substituting ‘all such States’ for the reference in item (bb) of such subclause to ‘all States described in clause (vi)’. “(II) The State has fewer than three health insurance issuers offering qualified health plans through the Exchange for 2027. “(B) FOR 2028 THROUGH 2034.—For purposes of paragraph (1), the amount determined under this paragraph for a year (beginning with 2020) during the period described in section 2201 for a State is an amount determined in accordance with an allocation methodology specified by the Administrator which— “(i) takes into consideration the adjusted incurred claims of such State, the number of residents of such State who for the previous year were not enrolled in a health plan or otherwise did not have health insurance coverage (including through a Federal or State health program) and whose income is below 100 percent of the poverty line applicable to a family of the size involved, and the number of health insurance issuers participating in the insurance market in such State for such year; “(ii) is established after consultation with health care consumers, health insurance issuers, State insurance commissioners, and other stakeholders and after taking into consideration additional cost and risk factors that may inhibit health care consumer and health insurance issuer participation; and “(iii) reflects the goals of improving the health insurance risk pool, promoting a more competitive health insurance market, and increasing choice for health care consumers. “(c) Annual distribution of previous year’s remaining funds.—In carrying out subsection (b), the Administrator shall, with respect to a year (beginning with 2028 and ending with 2034), not later than March 31 of such year— “(1) determine the amount of funds, if any, from the amounts appropriated under subsection (a) for the previous year but not allocated for such previous year; and “(2) if the Administrator determines that any funds were not so allocated for such previous year, allocate such remaining funds, in accordance with the allocation methodology specified pursuant to subsection (b)(2)(B)— “(A) to States that have submitted an application approved under section 2203(a) for such previous year for any purpose for which such an application was approved; and “(B) for States for which allocations were made pursuant to section 2203(b) for such previous year, to be used by the Administrator for such States, to carry out the Federal Invisible Risk Sharing Program in such States under section 2205; with, respect to a year before 2034, any remaining funds being made available for allocations to States for the subsequent year. “(d) Availability.—Amounts appropriated under subsection (a) for a year and allocated to States in accordance with this section shall remain available for expenditure through December 31, 2034. “(e) Conditions for and limitations on receipt of funds.—The Secretary may not make an allocation under this title for a State, with respect to a purpose described in section 2202— “(1) in the case of an allocation that would be made to a State pursuant to section 2203(a), if the State does not agree that the State will make available non-Federal contributions towards such purpose in an amount equal to— “(A) for 2028, 7 percent of the amount allocated under this subsection to such State for such year and purpose; “(B) for 2029, 14 percent of the amount allocated under this subsection to such State for such year and purpose; “(C) for 2030, 21 percent of the amount allocated under this subsection to such State for such year and purpose; “(D) for 2031, 28 percent of the amount allocated under this subsection to such State for such year and purpose; “(E) for 2032, 35 percent of the amount allocated under this subsection to such State for such year and purpose; “(F) for 2033, 42 percent of the amount allocated under this subsection to such State for such year and purpose; and “(G) for 2034, 50 percent of the amount allocated under this subsection to such State for such year and purpose; “(2) in the case of an allocation that would be made for a State pursuant to section 2203(b), if the State does not agree that the State will make available non-Federal contributions towards such purpose in an amount equal to— “(A) for 2028, 10 percent of the amount allocated under this subsection to such State for such year and purpose; “(B) for 2029, 20 percent of the amount allocated under this subsection to such State for such year and purpose; and “(C) for 2030, 30 percent of the amount allocated under this subsection to such State for such year and purpose; “(D) for 2031, 40 percent of the amount allocated under this subsection to such State for such year and purpose; “(E) for 2032, 50 percent of the amount allocated under this subsection to such State for such year and purpose; “(F) for 2033, 50 percent of the amount allocated under this subsection to such State for such year and purpose; and “(G) for 2034, 50 percent of the amount allocated under this subsection to such State for such year and purpose; or “(3) if such an allocation for such purpose would not be permitted under subsection (c)(7) of section 2105 if such allocation were payment made under such section. “Sec. 2205. Federal Invisible Risk Sharing Program. “(a) In general.—There is established within the Patient and State Stability Fund a Federal Invisible Risk Sharing Program (in this section referred to as the ‘Program’), to be administered by the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the ‘Administrator’), to provide payments to health insurance issuers with respect to claims for eligible individuals for the purpose of lowering premiums for health insurance coverage offered in the individual market. “(b) Funding.— “(1) APPROPRIATION.—For the purpose of providing funding for the Program there is appropriated, out of any money in the Treasury not otherwise appropriated, $15,000,000,000 for the period beginning on January 1, 2028, and ending on December 31, 2034. “(2) USE OF UNALLOCATED FUNDS.—Funds provided under section 2204(c)(2)(B) to carry out this section are in addition to the amount appropriated under paragraph (1). “(c) Operation of program.— “(1) IN GENERAL.—The Administrator shall establish, after consultation with health care consumers, health insurance issuers, State insurance commissioners, and other stakeholders and after taking into consideration high cost health conditions and other health trends that generate high cost, parameters for the operation of the Program consistent with this section and consistent with the same limitation on payment with respect to health insurance coverage that applies to payment with respect health benefits coverage under section 2105(c)(7). “(2) DEADLINE FOR INITIAL OPERATION.—Not later than 60 days after the date of the enactment of this title, the Administrator shall establish sufficient parameters to specify how the Program will operate for plan year 2028. “(3) STATE OPERATION OF PROGRAM.—The Administrator shall establish a process for a State to operate the Program in such State beginning with plan year 2028. “(d) Details of program.—The parameters for the Program shall include the following: “(1) ELIGIBLE INDIVIDUALS.—A definition for eligible individuals. “(2) HEALTH STATUS STATEMENTS.—The development and use of health status statements with respect to such individuals. “(3) STANDARDS FOR QUALIFICATION.— “(A) AUTOMATIC QUALIFICATION.—The identification of health conditions that automatically qualify individuals as eligible individuals at the time of application for health insurance coverage. “(B) VOLUNTARY QUALIFICATION.—A process under which health insurance issuers may voluntarily qualify individuals, who do not automatically qualify under subparagraph (A), as eligible individuals at the time of application for such coverage. “(4) PERCENTAGE OF INSURANCE PREMIUMS TO BE APPLIED.—The percentage of the premiums paid, to health insurance issuers for health insurance coverage by eligible individuals, that shall be collected and deposited to the credit (and available for the use) of the Program. “(5) ATTACHMENT DOLLAR AMOUNT AND PAYMENT PROPORTION.—The dollar amount of claims for eligible individuals after which the Program will provide payments to health insurance issuers and the proportion of such claims above such dollar amount that the Program will pay. “Sec. 2206. Territorial Risk Fund. “(a) There is hereby established the ‘Territorial Risk Fund’ to be administered by the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the ‘Administrator’), to provide funding, in accordance with this title, to the territories named in subsection (b) during the period, subject to section 2204(c), beginning on January 1, 2028, and ending on December 31, 2035, for the purposes described in sections 2202 and 2205. “(b) The Territories funded by this Fund shall include— “(1) the District of Columbia, “(2) Puerto Rico, “(3) American Samoa, “(4) the United States Virgin Islands, “(5) Guam, and “(6) the Northern Mariana Islands. “(c) For the purpose of providing funding for the Fund there is appropriated, out of any money in the Treasury not otherwise appropriated, $500,000,000 for the period beginning January 1, 2028 and ending December 31, 2034. “Sec. 2207. Transitional High-Risk Patient Program. “(a) For the purposes of providing the services which will eventually be provided under sections 2202 and 2205, the Secretary of Health and Human Services (acting through the Administrator of the Centers for Medicare & Medicaid Services, in this section referred to as the ‘Administrator’) shall provide funding, in accordance with this title, to any person to whom necessary funds should be paid for the fulfillment of such purposes in the short term. “(b) For the purpose of providing funding to the Transitional High-Risk Patient Program there is appropriated, out of any money in the Treasury not otherwise appropriated, $500,000,000 to be expended during fiscal years 2027 and 2028. “(c) Nothing in this section shall be interpreted as requiring implementation of other sections in a similar manner as this section shall be implemented by the Secretary.”. Subtitle E—Implementation Funding Sec. 141. American Health Care Implementation Fund. (a) In general.—There is hereby established an American Health Care Implementation Fund (referred to in this section as the “Fund”) within the Department of Health and Human Services to carry out this Act. (b) Funding.—There is appropriated to the Fund, out of any funds in the Treasury not otherwise appropriated, $10,500,000,000 for Federal administrative expenses to carry out the sections described in subsection (a) (including the amendments made by such sections). (c) Transitional use.—The Secretary may use the Fund to provide for transitional use of monies to prevent increases in healthcare costs caused by changes to the healthcare system. (d) Reallocation.—The President shall, in order to supplement funds appropriated under subsection (a), reallocate any funds provided by an Act other than the Social Security Act or Internal Revenue Code: Provided, that such funds shall only be reallocated by an executive order published in the Federal Register by January 20, 2031. Furthermore, the President may reallocate any monies in the American Health Care Implementation Fund to any other Fund or Program established by this Act: Provided, that no such reallocations from the American Health Care Implementation Fund shall occur prior to the beginning of fiscal year 2028. Sec. 142. Repeal of Patient Identification Program. 42 U.S.C. 1320d–2(b) (Section 1173(b) of the Social Security Act) is repealed. Sec. 143. Parental Rights in Mental Health. (a) Universal Or Mandatory Mental Health Screening Program.—No Federal funds may be used to establish or implement any universal or mandatory mental health, psychiatric, or socioemotional screening program. (b) Refusal To Consent As Basis Of A Charge Of Child Abuse Or Education Neglect.—No Federal education funds may be paid to any local educational agency or other instrument of government that uses the refusal of a parent or legal guardian to provide express, written, voluntary, informed consent to mental health screening for his or her child as the basis of a charge of child abuse, child neglect, medical neglect, or education neglect until the agency or instrument demonstrates that it is no longer using such refusal as a basis of such a charge. (c) Definition.—For purposes of this Act, the term “universal or mandatory mental health, psychiatric, or socioemotional screening program”— (1) means any mental health screening program in which a set of individuals (other than members of the Armed Forces or individuals serving a sentence resulting from conviction for a criminal offense) is automatically screened without regard to whether there was a prior indication of a need for mental health treatment; and (2) includes— (A) any program of State incentive grants for transformation to implement recommendations in the July 2003 report of the New Freedom Commission on Mental Health, the State Early Childhood Comprehensive System, grants for TeenScreen, and the Foundations for Learning Grants; and (B) any student mental health screening program that allows mental health screening of individuals under 18 years of age without the express, written, voluntary, informed consent of the parent or legal guardian of the individual involved. Sec. 144. Quotas in Federal Policing. (a) Quotas suspended.—Requirements for the Department of Justice to meet quotas, including by means of enticing persons to commit crimes, are indefinitely suspended. (b) Activity prohibited.—The Department of Justice shall not be permitted to make any expenditure on the establishment or meeting of any quota for law enforcement, except to such an extent that such quotas may be established by the Attorney General for raising Federal revenue to fund the Department. The Department of Justice shall not be permitted to entice persons to commit crimes or otherwise fabricate crimes or falsify crimes. (c) Publishing mandated.—The Department of Justice shall make and publish detailed statistics regarding acts of enticements and fabrications of crimes. Failure to admit to the Department's use of such tactics shall be regarded as grounds for immediate rescission of all Department funding, and notwithstanding any other Act neither the Department nor any of its agencies shall receive any funding in any fiscal year after the fiscal year of the enactment of this Act where statistics have not been made available. The Attorney-General would also be ineligible for any Federal salary for the remainder of such term where no publication of statistics admitting to Department enticement and fabrication activities has occurred and would be obligated to repay the taxpayers for any and all prior wages and benefits. Sec. 145. Defunding sexually suggestive education. (a) Federal Funds Limitation.—No Federal funds may be made available to develop, implement, facilitate, or fund any sexually oriented program, event, or literature for children under the age of 10, including hosting or promoting any program, event, or literature involving sexually oriented material, or any program, event, or literature that exposes children under the age of 10 to nude adults, individuals who are stripping, or lewd or lascivious dancing. (b) Prohibition At Federal Facilities.—A federally owned facility or property may not be used to host or promote any sexually oriented program, event, or literature for children under the age of 10, including any program, event, or literature listed in subsection (a). (c) Civil Action.— (1) PRIVATE RIGHT OF ACTION.—A parent or legal guardian of a child may bring a civil action for injunctive relief in any Federal district court of appropriate jurisdiction against a government official, government agency, or private entity for a violation of subsection (a) or subsection (b) by such an official, agency, or entity if the child was— (A) exposed to sexually oriented material funded in part or in whole by Federal funds; and (B) under the age of 10 at the time that such exposure occurred. (2) STATUTE OF LIMITATIONS.—An action under this subsection may commence not later than 1 year after a violation occurs under subsection (a) or (b). (3) ATTORNEY’S FEES AND OTHER COSTS.—In any action brought under this subsection, the court, in its discretion, may award a prevailing plaintiff reasonable attorney’s fees, expert witness fees, and other costs of litigation. (d) Prohibition On Federal Funds.— (1) ADMINISTRATIVE ENFORCEMENT.—The head of a Federal agency may not disburse Federal funds to any Federal program, State or local government agency, or private entity for 3 fiscal years if that entity receives 2 or more injunctions for violations of subsection (a) or (b) in a 5-year period. (2) NOTIFICATION.—The appropriate head of a Federal agency shall submit to a government agency or private entity written notice of the prohibition on the disbursement of Federal funds under paragraph (1). (3) APPEAL.—Not later than 30 days after receiving a notice pursuant to paragraph (2), a government agency or private entity may appeal a prohibition on the disbursement of Federal funds under paragraph (1) in an administrative hearing of the appropriate agency. (e) Definitions.—In this section: (1) SEXUALLY ORIENTED MATERIAL.—The term “sexually oriented material” means any depiction, description, or simulation of sexual activity, any lewd or lascivious depiction or description of human genitals, or any topic involving gender identity, gender dysphoria, transgenderism, sexual orientation, or related subjects. (2) STRIPPING.—The term “stripping” means any act which involves the removal or simulated removal of clothing in a sexual manner for the entertainment of one or more individuals. Sec. 146. Ban on funding for racist programs. (a) Prohibition On Award Of Funds To Certain Elementary And Secondary Schools.—No Federal funds received by a State or local educational agency may be allocated to an elementary or secondary school that promotes the race-based theories described in subsection (c) or compels teachers or students to affirm, adhere to, adopt, or process beliefs in a manner that violates title VI of the Civil Rights Act of 1964. (b) Prohibition On Award Of Funds To Certain Institutions Of Higher Education.—No Federal funds may be awarded to an institution of higher education if such institution promotes the race-based theories described in subsection (c) or compels teachers or students to affirm, adhere to, adopt, or process beliefs in a manner that violates title VI of the Civil Rights Act of 1964. (c) Race-Based Theories Described.—The race-based theories described in this subsection are the following: (1) Any race is inherently superior or inferior to any other race, color, or national origin, or possesses another trait which may be described as "inherently superior or inferior" including "racist". (2) The United States is a fundamentally racist country. (3) The Declaration of Independence or Constitution of the United States are fundamentally racist documents. (4) An individual’s moral character or worth is determined by the individual’s race, color, or national origin. (5) An individual, by virtue of the individual’s race, is inherently racist or oppressive, whether consciously or unconsciously, including via being born as part of a "racist race" as defined by such theory and otherwise. (6) An individual, because of the individual’s race, bears responsibility for the actions committed by other members of the individual’s race, color, or national origin. (8) That individuals of a certain race, ethnicity, color, or national origin are inherently superior or inferior to individuals of a different race, ethnicity, color, or national origin. (9) That an individual should be treated adversely or advantageously based on the race, ethnicity, color, or national origin of such individual. (10) That individuals, based on race, ethnicity, color, or national origin, bear collective guilt and are inherently responsible for actions committed in the past by individuals of the same race, ethnicity, color, or national origin. (d) Protections for staff.—A covered school may not— (1) compel any employee (including any unpaid volunteer or any other person who is not a full-time employee) or student to adopt, affirm, adhere to, or profess the race-based theories described in subsection (c). (2) compel a student to observe or espouse obscene or sexual materials without the consent of a parent of such student; (3) instruct or require an employee of such school to refer to a student using a pronoun not associated with the biological sex of such student, without obtaining consent to do so from a parent of such student; (4) act as the agent of a parent of a student enrolled in such school, for purposes of— (A) providing verifiable parental consent; or (B) receiving a notice or other information required to be provided to a parent of such student; or (5) neglect to report sexual assault or sexual harassment on school property to the appropriate law enforcement authorities. (e) Rules Of Construction.— (1) PROTECTED SPEECH NOT RESTRICTED.—Nothing in this section shall be construed to restrict speech which is protected under the First Amendment to the United States Constitution or the Religious Freedom Restoration Act. (2) ACCESS TO MATERIALS FOR THE PURPOSE OF RESEARCH OR INDEPENDENT STUDY.—Nothing in this section shall be construed to prevent an individual from accessing materials that advocate theories described in subsection (c) for the purpose of research or independent study. (3) CONTEXTUAL EDUCATION.—Nothing in this section shall be construed to prevent a covered school from stating theories described in subsection (c) or assigning materials that advocate such theories for educational purposes in contexts that make it clear the school does not sponsor, approve, or endorse such theories or materials. (f) Definitions.—In this section: (1) COVERED SCHOOL.—The term “covered school” means an elementary school, a secondary school, or an institution of higher education. (2) ESEA TERMS.—The terms “elementary school”, “local educational agency”, “secondary school”, and “State” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (4) PROMOTE.—The term “promote”, when used with respect to a race-based theory described in subsection (c), means— (A) to include such theories or materials that advocate such theories in curricula, reading lists, seminars, workshops, trainings, or other educational or professional settings in a manner that could reasonably give rise to the appearance of official sponsorship, approval, or endorsement; (B) to contract with, hire, or otherwise engage speakers, consultants, diversity trainers, and other persons for the purpose of advocating such theories; (C) to compel students to profess a belief in such theories; or (D) to segregate students or other individuals by race in any setting, including in educational or training sessions. (5) BIOLOGICAL MAN.—The term “biological man” means an individual who is recognized as a male on the date of the birth of such individual, based on the genetic and reproductive biological characteristics of such individual. (6) BIOLOGICAL SEX.—The term “biological sex” means the sex recognized on the date of birth of the individual based on the genetic and reproductive biological characteristics of such individual. (7) BIOLOGICAL WOMAN.—The term “biological woman” means an individual who is recognized as a female on the date of the birth of such individual, based on the genetic and reproductive biological characteristics of such individual. (8) OBSCENE MATERIAL.—The term “obscene material” means material that, considered as a whole— (A) appeals to— (i) the prurient interest; or (ii) a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof, or sadomasochistic abuse; (B) goes substantially beyond customary limits of candor in description or representation of the matters described in clause (A)(ii); and (C) does not have serious literary, artistic, political, or scientific value. (8) PARENT.—The term “parent” has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (g) Private right of action.—A parent or student aggrieved by a violation of this section may commence a civil action against the covered school responsible for the violation, and in any action under this subsection, the court may award appropriate relief, including— (1) temporary, preliminary, or permanent injunctive relief; (2) compensatory damages; (3) punitive or exemplary damages; and (4) reasonable fees for attorneys. (h) Attorney General.—In a case in which a parent commences a civil action under subsection (a), the Attorney General shall have the exclusive authority to oversee, as appropriate, any investigation conducted by the Federal Government in connection with such action. Subtitle F—Research Sec. 151. Restriction on research related to abortion. (a) In general.—Section 498A of the Public Health Service Act is amended as follows: “SEC. 498A. NO RESEARCH INVOLVING HUMAN FETAL CELLS OBTAINED PURSUANT TO AN INDUCED ABORTION. “The Secretary may not conduct or support any research involving human fetal cells that are obtained pursuant to an induced abortion.”. (b) Definition of human fetal tissue.—Section 498B(e)(1) of the Public Health Service Act is amended by striking “has the meaning given such term in section 289g–1(g) of this title.” and inserting “means tissue or cells obtained from a dead human embryo, zygote, or fetus after a spontaneous or induced abortion, or after a stillbirth.”. (c) Effective date.—This section shall go into effect on January 1, 2028. Sec. 152. Aesthetic surgery and treatment research. (a) In general.—Section 498C of the Public Health Service Act is amended as follows— “SEC. 498C. AESTHETIC SURGERY AND TREATMENT RESEARCH. “Aesthetic surgery and treatment research.—The Director of NIH may conduct or support research to examine the short-term and long-term health implications of aesthetic surgeries and treatments (including such surgeries and treatments when administered for reconstructive purposes), including— “(a) developing and examining techniques to measure concentrations of substances which may be implanted or injected into a patient during any aesthetic surgery or treatment in body fluids and tissues, “(b) conducting surveillance of patients and their long-term outcomes and local complications, as well as psychological and social effects of such surgeries and treatments.”. (b) Effective date.—This section shall go into effect on January 1, 2028. Sec. 153. Inclusivity in research. Section 492B of the Public Health Service Act is amended— (1) in paragraph (a)(1) by striking “ensure” and all that follows and inserting “ensure that such research shall obtain relevant information to understand biological and genetic similarities and differences between people of different ages, biological sexes, races, and ethnic groups, as well as people with medical conditions (including mental health conditions found in Diagnostic and Statistical Manual of Mental Disorders, Third Edition or Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition) as the Director of the NIH may deem appropriate.”. (2) in paragraph (a)(2) by— (A) striking “and” and inserting “, the Administrator of the Centers for Medicare and Medicaid Services (in addition to any other person designated by the Secretary of Health and Human Services for representation of the elderly, disabled, or other people who the Director of NIH or Secretary of Health and Human Services may deem necessary), and”, and (B) striking “women and members of minority groups” and inserting “people based on traits described in paragraph (1)”. (3) in paragraph (a)(3)(A) by— (A) striking the second instance of the word “and” and inserting “, the Administrator of the Centers for Medicare and Medicaid Services (in addition to any other person designated by the Secretary of Health and Human Services for representation of the elderly, disabled, or other people who the Director of NIH or Secretary of Health and Human Services may deem necessary), and”, and (B) striking “women and members of minority groups” and inserting “traits described in paragraph (1)”. (4) in every subsection of section 492B other than (a) by— (A) striking the only instance of the word “and” in any instance of “Director of the Office of Research on Women's Health and the Director of the Office of Research on Minority Health” and inserting “, the Administrator of the Centers for Medicare and Medicaid Services (in addition to any other person designated by the Secretary of Health and Human Services for representation of the elderly, disabled, or other people who the Director of NIH or Secretary of Health and Human Services may deem necessary), and”, and (B) striking “women and members of minority groups” and inserting “people with traits described in paragraph (1)”. (5) in subsection (e) by— (A) inserting “through 2027” after “fiscal years” and (B) inserting a new paragraph (3) as follows: “(3) 2027 Amendment.—The amendment made to this section by the Health Care Act of 2027 shall apply for all fiscal years starting 2028, and the Director of NIH shall be required to enforce guidelines to ensure that this section is enforced with regard to all new clinical research, while ensuring that previous regulations remain constant for all preexisting studies to avoid spoilage of data. Notwithstanding the rest of this section, methodologies must remain constant to ensure the accuracy of scientific data.” Sec. 154. Stillbirth research. Title III of the Public Health Service Act is amended by inserting after section 317L–1 of such Act (42 U.S.C. 247b–13a) the following: “SEC. 317L–2. STILLBIRTH RESEARCH AND DATA COLLECTION IMPROVEMENTS. “(a) Stillbirth Surveillance And Risk Factor Studies.— “(1) IN GENERAL.—The Secretary may award grants to States for purposes of— “(A) conducting surveillance and collecting data, including from existing datasets like State or sub-State maternal mortality data and Fetal and Infant Mortality Review data, with respect to stillbirths for public health and research purposes; “(B) building State and local public health capacity to assess stillbirth data; and “(C) collecting and reporting data on stillbirth risk factors, including any quantifiable outcomes with respect to such risk factors. “(2) CONDITION.—As a condition of receipt of funds under this section, all data collected shall be in a manner that protects personal privacy and in a manner that is consistent with applicable Federal and State privacy law, at a minimum. “(3) AUTHORIZATION OF APPROPRIATIONS.—To carry out this subsection, there is authorized to be appropriated $5,000,000 for each of fiscal years 2028 through 2032. “(b) Guidelines And Educational Awareness Materials.— “(1) IN GENERAL.—The Secretary shall— “(A) issue guidelines to State departments of health and State and local vital statistics units on— “(i) collecting data on stillbirth from health care providers, and with the consent of the woman who experienced the stillbirth, including any such data with respect to the clinical history, postmortem examination, and placental pathology; and “(ii) improving processes and training related to stillbirth data collection and reporting to ensure standardization and completeness of data; and “(B) develop, and make publicly available, educational awareness materials on stillbirths. “(2) CONSULTATION.—In carrying out paragraph (1), the Secretary may consult with— “(A) national health care professional associations; “(B) national associations representing State and local public health officials; “(C) organizations that assist families with burial support and bereavement services; “(D) nurses and nurse practitioners; “(E) obstetricians and gynecologists; “(F) pediatricians; “(G) maternal-fetal medicine specialists; “(H) nurse midwives and midwives; “(I) mental health professionals; “(J) statisticians; “(K) individuals who have experienced a stillbirth; and “(L) advocacy organizations representing such individuals. “(3) AUTHORIZATION OF APPROPRIATIONS.—To carry out this subsection, there is authorized to be appropriated $1,000,000 for each of fiscal years 2028 through 2032. “(c) Vital Statistics Unit Defined.—In this section, the term ‘vital statistics unit’ means the entity that is responsible for maintaining vital records for a State, or a political subdivision of such State, including official records of live births, deaths, fetal deaths, marriages, divorces, and annulments.”. Sec. 155. Perinatal pathology fellowships. The Public Health Service Act is amended by inserting after section 1122 of such Act (42 U.S.C. 300c–12) the following: “SEC. 1123. IMPROVING PERINATAL PATHOLOGY. “(a) In General.—The Secretary shall incorporate into an existing training program a Perinatal Pathology Fellowship Program, a Postdoctoral Research Fellowship on Factors Associated with Stillbirth Program, or both. “(b) Activities.—Each program incorporated under subsection (a) shall— “(1) provide training in perinatal autopsy pathology; “(2) provide practice-based learning opportunities to foster exchange and connection with State efforts concerning fetal death review that are supported under title V of the Social Security Act; “(3) conduct research on, and improve data collection with respect to, stillbirths, including through fetal autopsies; and “(4) address challenges in stillbirth education, research, and data collection. “(c) Authorization Of Appropriations.—There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2030 through 2032.”. Sec. 156. Life Sciences Research Security Board. (a) In general.—Subtitle V of title 31, United States Code, is amended by adding at the end the following: “CHAPTER 79—LIFE SCIENCES RESEARCH SECURITY BOARD “7901. Definitions. “7902. Establishment and membership. “7903. Board personnel. “7904. Board mission and functions. “7905. Agency procedures; referral to Board. “7906. Board review. “7907. GAO Audits. “7908. Funding. “§ 7901. Definitions “In this chapter: “(1) AGENCY.—The term ‘agency’ has the meaning given the term in section 552(f) of title 5. “(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Energy and Commerce of the House of Representatives. “(3) BOARD.—The term ‘Board’ means the Life Sciences Research Security Board established under section 7902(a). “(4) DUAL USE RESEARCH OF CONCERN.—The term ‘dual use research of concern’— “(A) means life sciences research that, based on current understanding, can be reasonably anticipated to provide knowledge, information, products, or technologies that could— “(i) be misapplied to do harm with no modification or only a minor modification; and “(ii) pose a significant threat with potential consequences to public health and safety, agricultural crops and other plants, animals, materiel, or national security; and “(B) includes— “(i) life sciences research that could— “(I) increase transmissibility of a pathogen within or between host species; “(II) increase the virulence of a pathogen or convey virulence to a non-pathogen; “(III) increase the toxicity of a known toxin or produce a novel toxin; “(IV) increase— “(aa) the stability of a pathogen or toxin in the environment; or “(bb) the ability to disseminate a pathogen or toxin; “(V) alter the host range or tropism of a pathogen or toxin; “(VI) decrease the ability for a human or veterinary pathogen or toxin to be detected using standard diagnostic or analytical methods; “(VII) increase resistance of a pathogen or toxin to clinical or veterinary prophylactic or therapeutic interventions; “(VIII) alter a human or veterinary pathogen or toxin to disrupt the effectiveness of pre-existing immunity, via immunization or natural infection, against the pathogen or toxin; “(IX) enhance the susceptibility of a host population to a pathogen or toxin; “(X) enhance transmissibility of a pathogen in humans; “(XI) enhance the virulence of a pathogen in humans; “(XII) enhance the immune evasion of a pathogen in humans, such as by modifying the pathogen to disrupt the effectiveness of pre-existing immunity via immunization or natural infection; or “(XIII) generate, use, reconstitute, or transfer an eradicated or extinct high-consequence pathogen; and “(ii) any other category of life sciences research that the Board, by majority vote of the members of the Board, identifies and publishes in the Federal Register. “(5) EMPLOYEE.—The term ‘employee’ means an individual described in section 2105(a) of title 5. “(6) FEDERAL FUNDING.—The term ‘Federal funding’ means amounts awarded by an agency pursuant to an intramural or extramural grant, cooperative agreement, interagency agreement, contract, or other instrument. “(7) GAIN OF FUNCTION RESEARCH.—The term ‘gain of function research’ means a research experiment that may enhance the transmissibility or virulence of a high-consequence pathogen. “(8) HIGH-CONSEQUENCE PATHOGEN.—The term ‘high-consequence pathogen’— “(A) means a wild-type or synthetic pathogen that— “(i) (I) is likely capable of wide and uncontrollable spread in human populations; and “(II) would likely cause moderate to severe disease or mortality in humans; or “(ii) is— “(I) subject to subparagraph (B), influenza A virus; “(II) classified under subgenus Sarbecovirus; “(III) classified under subgenus Merbecovirus; “(IV) Variola orthopoxvirus; “(V) Mpox orthopoxvirus; “(VI) Nipah henipavirus; “(VII) Hendra henipavirus; “(VIII) Ebola orthoebolavirus; “(IX) Marburg marburgvirus; “(X) Lassa mammarenavirus; “(XI) Junin arenavirus; “(XII) Crimean-Congo hemorrhagic fever orthonairovirus; “(XIII) Hantaan orthohantavirus; “(XIV) Sin Nombre orthohantavirus; “(XV) Yersinia pestis; “(XVI) a select agent or toxin, work with which poses a significant risk of deliberate misuse; “(XVII) any other pathogen or category of pathogen that a majority of members of the Board— “(aa) identifies as a high-consequence pathogen; and “(bb) publishes in the Federal Register; or “(XVIII) any synthetic construct of a pathogen or category of pathogen described in this clause; and “(B) does not include a seasonal influenza virus, unless a seasonal influenza virus has been manipulated to include genetic sequences from a pathogen described in subparagraph (A). “(9) HIGH-RISK LIFE SCIENCES RESEARCH.—The term ‘high-risk life sciences research’ means life sciences research that is— “(A) dual use research of concern involving a high-consequence pathogen; or “(B) gain of function research. “(10) LIFE SCIENCES RESEARCH.—The term ‘life sciences research’— “(A) means the study or use of a living organism, a virus, or a product of a living organism or virus; and “(B) includes each discipline, methodology, and application of biology, including biotechnology, genomics, proteomics, bioinformatics, and pharmaceutical and biomedical research and techniques. “(11) SELECT AGENT OR TOXIN.—The term ‘select agent or toxin’ means a select agent or toxin identified under— “(A) section 73.3(b) of title 42, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act; “(B) section 331.3(b) of title 7, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act; or “(C) section 121.3(b) of title 9, Code of Federal Regulations, as in effect on the date of enactment of the Risky Research Review Act. “§ 7902. Establishment and membership “(a) Establishment.—There is established as an independent agency within the Executive Branch a board to be known as the ‘Life Sciences Research Security Board’ to review proposed Federal funding for life sciences research in accordance with section 7906. “(b) Appointment of members.— “(1) IN GENERAL.—The President shall appoint, without regard to political affiliation, 9 individuals who are citizens of the United States to serve as members of the Board for not more than 2 terms of 4 years each, including— “(A) the Executive Director appointed under section 7903(a); “(B) 5 nongovernmental scientists in a life sciences field; “(C) 2 nongovernmental national security experts; and “(D) 1 nongovernmental biosafety expert. “(2) PERIOD FOR NOMINATIONS.—The President shall make appointments, other than the Executive Director, to the Board not later than 30 days after the date of enactment of this chapter. “(3) CONSIDERATIONS OF RECOMMENDATIONS.—The President shall make appointments to the Board after considering individuals recommended by the chair and ranking member of the appropriate congressional committees. “(4) QUALIFICATIONS.—Individuals appointed to the Board— “(A) shall— “(i) be impartial individuals; and “(ii) be distinguished individuals of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to conduct an impartial assessment of the potential risks and benefits associated with Federal funding of high-risk life sciences research to public health and national security; and “(B) may not be an employee on the date of the appointment or during the 3-year period preceding the date of the appointment. “(5) LIMITATIONS.—Not more than 4 concurrent members of the Board may be an employee, a subcontractor, a previous employee, or a previous subcontractor of— “(A) the Department of Defense; “(B) the Department of Homeland Security; “(C) the National Institute of Allergy and Infectious Diseases of the Department of Health and Human Services; “(D) the Office of the Director of National Intelligence; or “(E) the Department of Energy. “(6) CONSIDERATION BY THE SENATE.— “(A) IN GENERAL.—Nominations for appointment to the Executive Director of the Board shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate for consideration. “(B) RENOMINATION.—A member of the Board who is recommended to serve a second term shall be nominated for appointment to the Board, and such nomination shall be referred pursuant to subparagraph (A). “(7) VACANCY.—Not later than 30 days after the date on which a vacancy on the Board occurs, the vacancy shall be filled in the same manner as specified for the original appointment. “(8) REMOVAL.— “(A) IN GENERAL.—No member of the Board shall be removed from office, other than by— “(i) impeachment and conviction; “(ii) the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member’s duties; or “(iii) the Board in accordance with subparagraph (B). “(B) ACTION BY BOARD.—If the Director of the Office of Government Ethics determines that participation by a member of the Board in high-risk life sciences research constitutes a conflict of interest, the Board shall take steps to mitigate or manage the conflict, which may include removal. “(C) NOTICE OF REMOVAL BY PRESIDENT.— “(i) IN GENERAL.—In the case of the removal of a member of the Board by the President as described in subparagraph (A)(ii), not later than 10 days after the removal, the President shall submit to the chair and ranking member of the appropriate congressional committees a report specifying the facts found and the grounds for removal. “(ii) PUBLICATION OF REPORT.—The President shall publish in the Federal Register each report submitted under clause (i), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publicly publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law. “(c) Mandatory conflicts of interest review.— “(1) IN GENERAL.—The Board, in consultation with the Director of the Office of Government Ethics, shall— “(A) not later than 180 days after the date of the enactment of this chapter— “(i) establish criteria to determine whether there is a conflict of interest with respect to any individual appointed to the Board, taking into consideration requirements under Federal law relating to ethics requirements for employees; and “(ii) upon an appointment of a member to the Board under subsection (a)(1) thereafter, conduct a review of each individual nominated and appointed to the Board to ensure the individual does not have any conflict of interest under the criteria established pursuant to clause (i); and “(B) periodically thereafter, conduct a review of each individual nominated and appointed to the Board to ensure the individual does not have any conflict of interest under the criteria established pursuant to subparagraph (A)(i) during the term of service of the individual. “(2) NOTIFICATION.— “(A) IN GENERAL.—Not later than 3 days after the date on which the Director of the Office of Government Ethics becomes aware that a member of the Board possesses a potential conflict of interest under the criteria established pursuant to paragraph (1)(A)(i), the Director of the Office of Government Ethics shall notify the chair and ranking member of the appropriate congressional committees of the potential conflict of interest. “(B) NOTIFICATION BY MEMBER.—Not later than 30 days after the date on which a member of the Board becomes aware that another member of the Board possesses a potential conflict of interest under the criteria established pursuant to paragraph (1)(A)(i), the member of the Board or the Executive Director of the Board shall notify the chair and ranking member of the appropriate congressional committees of the potential conflict of interest. “(d) Security clearances.—All members of the Board shall be granted all the necessary security clearances and accesses, including to relevant Presidential and department or agency special access and compartmented access programs, in an accelerated manner, subject to the standard procedures for granting such clearances. All nominees for appointment to the Board shall qualify for the necessary security clearances and accesses prior to being considered for confirmation by the Committee on Homeland Security and Governmental Affairs of the Senate. “(e) Participation in high-Risk life sciences research.— “(1) DISCLOSURE REQUIRED.—A member of the Board shall disclose whether the member has participated in or is currently participating in high-risk life sciences research. “(2) CONFLICTS OF INTEREST.— “(A) IN GENERAL.—The participation in high-risk life sciences research by a member of the Board— “(i) shall be considered a potential conflict of interest; and “(ii) shall be subject to scrutiny by the Director of the Office of Government Ethics. “(B) DETERMINATION.—If the Director of the Office of Government Ethics determines that participation by a member of the Board in high-risk life sciences research constitutes a conflict of interest, the Board shall take steps to mitigate or manage the conflict, which may include— “(i) the recusal of the affected member from relevant discussions and determinations; and “(ii) removal of the affected member from the Board. “(f) Compensation of members.— “(1) IN GENERAL.—Subject to such rules as may be adopted by the Board, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates, a member of the Board, other than the Executive Director, shall be compensated at a rate— “(A) proposed by the Executive Director and approved by the Board; “(B) not to exceed the rate of basic pay for level II of the Executive Schedule; and “(C) that is commensurate with— “(i) the time a member of the Board spends engaged in the performance of duties on the Board; and “(ii) necessary traveling expenses. “(2) OUTSIDE EMPLOYMENT.—Subject to terms and approval determined by the Director of the Office of Government Ethics, a member of the Board may maintain outside employment and affiliations while serving on the Board. “(g) Oversight.— “(1) SENATE.—The Committee on Homeland Security and Governmental Affairs of the Senate shall— “(A) have continuing legislative oversight jurisdiction in the Senate with respect to the official conduct of the Board and agency compliance with requirements issued by the Board; and “(B) have access to any records provided to or created by the Board. “(2) HOUSE OF REPRESENTATIVES.—The Committee on Energy and Commerce of the House of Representatives shall— “(A) have continuing legislative oversight jurisdiction in the House of Representatives with respect to the official conduct of the Board and agency compliance with requirements issued by the Board; and “(B) have access to any records provided to or created by the Board. “(3) DUTY TO COOPERATE.—The Board shall have the duty to cooperate with the exercise of oversight jurisdiction described in this subsection. “(4) SECURITY CLEARANCES.—The chair and ranking member of the appropriate congressional committees, and designated committee staff, shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs. “(h) Office space.— “(1) IN GENERAL.—In selecting office space for the Board, the Board shall exhaust options for unused office spaces owned by the Federal Government as of the date of enactment of this chapter. “(2) SECURE OFFICE SPACE.— “(A) REQUESTS.—In order to review or discuss classified information, the Board shall request an accommodation from relevant agencies to access sensitive compartmented information facilities on an as-needed basis. “(B) FULFILMENT.—The head of an agency from which the Board requests an accommodation under subparagraph (A) shall accommodate the request in a timely manner. “§ 7903. Board personnel “(a) Executive director.— “(1) APPOINTMENT.—Not later than 45 days after the date of enactment of this chapter, the President shall appoint, by and with the advice and consent of the Senate, 1 individual who is a citizen of the United States, without regard to political affiliation, to the position of Executive Director of the Board for a term of 4 years. “(2) QUALIFICATIONS.—The individual appointed as Executive Director under paragraph (1) shall be a private individual of integrity and impartiality who— “(A) is a distinguished scientist in a life sciences field; and “(B) is not, and has not been for the 3-year period preceding the date of the appointment— “(i) an employee; or “(ii) a participant in high-risk life sciences research supported by Federal funding. “(3) SECURITY CLEARANCES.— “(A) IN GENERAL.—A candidate for Executive Director of the Board shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs in an accelerated manner, subject to the standard procedures for granting such clearances. “(B) QUALIFICATION PRIOR TO APPOINTMENT.—The President shall ensure that a candidate for Executive Director of the Board qualifies for the security clearances and accesses described in subparagraph (A) prior to appointment. “(4) FUNCTIONS.—The Executive Director of the Board shall— “(A) serve as principal liaison to Congress and agencies; “(B) serve as chair of the Board; “(C) be responsible for the administration and coordination of the responsibilities of the Board; and “(D) be responsible for the administration of all official activities conducted by the Board. “(5) REMOVAL.—Notwithstanding section 7902(b)(8), the Executive Director shall not be removed for reasons other than for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Board. “(6) TERMS.—An Executive Director of the Board shall not serve more than 2 terms. “(b) Staff.— “(1) IN GENERAL.—Without regard to the provisions of subchapter I of chapter 33 of title 5 governing appointments in the competitive service, the Board may appoint not more than 25 additional personnel to enable the Board and the Executive Director to perform the duties of the Board. “(2) QUALIFICATIONS.—Each individual appointed to the staff of the Board— “(A) shall be a citizen of the United States of integrity and impartiality; “(B) shall have expertise in the life sciences field or the national security field; and “(C) may not be a participant in any federally funded research activity on the date of the appointment or during the course of service of the individual on the Board. “(3) SECURITY CLEARANCES.— “(A) IN GENERAL.—A candidate for appointment to the staff of the Board shall be granted all security clearances and accesses held by the Board, including to relevant Presidential and department or agency special access and compartmented access programs, in an accelerated manner, subject to the standard procedures for granting such clearances. “(B) CONDITIONAL EMPLOYMENT.— “(i) IN GENERAL.—The Board may offer conditional employment to a candidate for a staff position of the Board pending the completion of security clearance background investigations. During the pendency of such investigations, the Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted materials. “(ii) UNQUALIFIED STAFF.—If the Board determines that an individual hired on a conditional basis under clause (i) is not eligible or otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Board shall immediately terminate the individual’s employment. “(4) SUPPORT FROM AGENCIES.— “(A) IN GENERAL.—The head of each agency shall designate not less than 1 full-time employee of the agency as the representative of the agency to— “(i) provide technical assistance to the Board; and “(ii) support the review process of the Board with respect to the agency under section 7906 in a non-voting staff capacity. “(B) PROHIBITION.—A representative of an agency designated under subparagraph (A) and any employee of an agency may not directly or indirectly influence in any capacity a determination by the Board under section 7906 with respect to life sciences research funded by the agency. “(c) Compensation.—Subject to such rules as may be adopted by the Board, without regard to the provisions of title 5 governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, the Executive Director of the Board shall— “(1) be compensated at a rate not to exceed the rate of basic pay for level II of the Executive Schedule; “(2) serve the entire tenure as Executive Director as 1 full-time employee; and “(3) appoint and fix the compensation of such other personnel as may be necessary to carry out this chapter. “§ 7904. Board mission and functions “(a) Mission.—The mission of the Board shall be to issue an independent determination as to whether an agency may award Federal funding for proposed high-risk life sciences research, which shall be binding upon the agency. “(b) Powers.—The Board shall have the authority to act in a manner to carry out the mission described in subsection (a), including authority to— “(1) prescribe regulations to carry out the responsibilities of the Board; “(2) establish a process for the review of Federal funding for high-risk life sciences research prior to the award of the Federal funding, which shall be binding upon an agency, including information designated as classified or otherwise protected from disclosure; “(3) direct an agency to make available to the Board additional information and records, including information designated as classified or otherwise protected from disclosure, that the Board determines are required to fulfill the functions and responsibilities Board under this chapter; “(4) review any classified research conducted or funded by any agency to determine whether the research would be considered high-risk life sciences research; and “(5) through the promulgation of regulations, establish processes, policies, and procedures of the Board for rendering decisions under this chapter. “(c) Initial requirements.—The Board shall— “(1) not later than 180 days after the date of appointment of the initial members of the Board under section 7902, publish procedures in the Federal Register establishing the process for the review by the Board under section 7906; “(2) prior to the establishment of the procedures under paragraph (1), consult with the appropriate congressional committees and heads of agencies for purposes of developing such procedures; and “(3) not later than 270 days after the date of the enactment of this chapter, begin carrying out the duties described in section 7906. “(d) Responsiveness to Congress.—Notwithstanding any other provision of law, not later than 30 days after the date on which the Board receives a request for information from a Member of Congress, the Board shall respond to the request. “(e) Congressional briefings.—Not less frequently than quarterly, the Board shall brief the appropriate congressional committees on the work of the Board. “(f) Select agent or toxin updates.— “(1) IN GENERAL.—Not later than 15 days after the date on which the Board receives a notification that a select agent or toxin has been added to a list of agent or toxins under a regulation described in paragraph (2), the Board shall— “(A) review the select agent or toxin; “(B) by majority vote of members of the Board, determine whether the select agent or toxin should be added into the definition of ‘select agent or toxin’ under section 7901; and “(C) publish any addition determined under subparagraph (B) in the Federal Register. “(2) REGULATIONS DESCRIBED.—A regulation described in this paragraph is— “(A) section 73.3(b) of title 42, Code of Federal Regulations, or any successor regulation; “(B) section 331.3(b) of title 7, Code of Federal Regulations, or any successor regulation; and “(C) section 121.3(b) of title 9, Code of Federal Regulations, or any successor regulation. “(g) Final determination authority.—In any dispute with an agency or entity relating to the classification of life sciences research under this chapter, the Board shall retain final and ultimate authority in— “(1) determining whether the life sciences research is high-risk life sciences research, dual use research of concern involving a high-consequence pathogen or gain of function research; “(2) interpreting definitions in section 7901; and “(3) determining whether a proposed Federal award for life sciences research is subject to the review process of the Board under section 7906(a)(1). “§ 7905. Agency procedures; referral to Board “(a) In general.— “(1) PROHIBITION.—The head of an agency may not award Federal funding for— “(A) high-risk life sciences research without approval by the Board under section 7906(a)(1)(B); or “(B) life sciences research if the Board, in accordance with section 7906(a)(2)(A)(ii), submits notification to the agency under section 7906(a)(2)(B)(i) that Board is reviewing the Federal funding for life sciences research under section 7906(a) until the date on which the Board makes a final determination with respect to the proposed Federal funding. “(2) EFFECTIVE DATE.—Paragraph (1) shall take effect on the date that is 180 days after the date of enactment of this chapter. “(b) High-Risk attestation; select agent or toxin disclosure; certification.— “(1) IN GENERAL.—An entity seeking Federal funding from an agency for life sciences research shall, under the penalty of perjury— “(A) attest whether— “(i) the life sciences research will constitute high-risk life sciences research; and “(ii) the entity is performing active research with a select agent or toxin; and “(B) if the entity makes a positive attestation under subparagraph (A), disclose the source of funding for all active research. “(2) ACTIVE RESEARCH WITH SELECT AGENTS OR TOXINS.— “(A) IN GENERAL.—The head of an agency that receives a disclosure from an entity under paragraph (1)(B) shall submit to the Board the disclosure. “(B) BOARD INQUIRIES.—The Board may contact an entity that submits a disclosure under paragraph (1)(B) to request additional information relating to the disclosure. “(3) AGENCY CERTIFICATION.— “(A) POSITIVE ATTESTATIONS.—The head of an agency making an award of Federal funding to an entity that makes a positive attestation under paragraph (1)(A)(i) shall— “(i) submit to the Board the high-risk life sciences proposal; and “(ii) using the process established by the head of the agency under paragraph (4), certify the validity of the attestation. “(B) NEGATIVE ATTESTATIONS.—The head of an agency making an award of Federal funding to an entity that makes a negative attestation under paragraph (1)(A)(i) shall— “(i) review the attestation; and “(ii) using the process established by the head of the agency under paragraph (4), certify the validity of the attestation. “(4) PROCESS FOR REVIEW.—The head of each agency that awards Federal funding for life sciences research, in consultation with the Board, shall establish and implement a process for identifying proposals from entities seeking Federal funding for life sciences research from the agency that will constitute high-risk life sciences research. “(5) MAINTENANCE OF RECORDS.—The head of each agency shall— “(A) maintain records of the certification process described in paragraph (3) for each application for Federal funding in accordance with chapter 31 of title 44; and “(B) make the records maintained under subparagraph (A) available for audit and review upon request by the Board. “(c) Notification.— “(1) IN GENERAL.—Not later than 30 days before the date on which the head of an agency plans to award Federal funding to an entity for life sciences research, the head of the agency shall submit to the Board a notification of the proposed Federal funding. “(2) CONTENTS.—The notification of Federal funding for life sciences research required under paragraph (1) shall include the attestation and certification required under subsection (b). “(3) BOARD REQUESTS.— “(A) IN GENERAL.—The Board may request additional information from the head of an agency relating to a notification submitted under paragraph (1). “(B) PROVISION OF INFORMATION.—The head of an agency from which the Board request additional information under subparagraph (A) shall provide the information in a timely manner. “(d) Agency procedures.—Not later than 180 days after the date on which the Board publishes the process of the Board in the Federal Register pursuant to section 7904(c), the head of each agency shall publish on the website of the agency prepayment and preaward procedures of the agency with respect to Federal funding for life sciences research to— “(1) guarantee that— “(A) all high-risk life science research proposals are referred to the Board before the award of Federal funding by the agency; “(B) no Federal funding for high-risk life sciences research is awarded by the agency without approval by the Board; and “(C) not later than 30 days before the date on which the head of the agency plans to award the Federal funding, the agency notifies the Board of the proposal for Federal funding; and “(2) otherwise ensure compliance with this chapter. “(e) Provision of additional information.—Upon request by the Board, the head of an agency shall provide any information relating to Federal funding awards for life sciences research determined necessary by the Board to provide oversight of the agency. “(f) Change in circumstances during research.—If, during the course of life sciences research in progress performed by an entity supported by Federal funding from an agency, circumstances arise such that the life sciences research in progress may constitute high-risk life sciences research in contravention to the attestation of the entity under subsection (b)(1)(A)(i)— “(1) the entity shall— “(A) not later than 24 hours after the identification of the change in circumstance, pause the life sciences research in progress; and “(B) not later than 5 days after the date of the identification of the change in circumstance, submit to the head of the agency a written notification through an electronic or nonelectronic communication method that— “(i) notifies the head of the agency of the possibility that the life sciences research in progress may constitute high-risk life sciences research; and “(ii) includes a detailed description of each change in circumstance that may transform the life sciences research in progress into high-risk life sciences research; and “(2) the head of the agency shall— “(A) using the process of the agency established under subsection (b)(4), determine whether the life sciences research in progress constitutes high-risk life sciences research; “(B) if the head of the agency makes a negative determination under subparagraph (A), inform the entity that the entity may resume the life sciences research in progress; and “(C) if the head of the agency makes a positive determination under subparagraph (A), immediately submit to the Board a notification of the Federal funding of high-risk life sciences research in progress for review under section 7906(a)(1). “(g) Enforcement.— “(1) APPLICANT REQUIREMENTS.—If an entity seeking or receiving Federal funding from an agency knowingly fails to make a true attestation under subsection (b)(1) or promptly notify the agency of a change in circumstance in accordance with subsection (f)(1), the head of the agency shall refer the entity to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding. “(2) REFERRAL TO INSPECTOR GENERAL.—The Board shall refer any employee of an agency responsible for overseeing and reviewing research proposals relating to Federal funding that knowingly fails to comply with subsection (b)(3) to the inspector general of the agency. “(3) EMPLOYEE DISCIPLINE.— “(A) IN GENERAL.—The head of an agency employing an employee who knowingly violates any provision of subsection (b)(3) (or, in the case of the head of an agency who violates any provision of subsection (b)(3), the President) shall impose on that employee— “(i) disciplinary action in accordance with chapter 75 of title 5 or an equivalent procedure of the agency; and “(ii) permanent revocation of any applicable security clearance held by the employee. “(B) CONTRACTOR PENALTY.—In the case of contractor working under a contract with an agency who knowingly violates subsection (b)(1), the head of the agency shall refer the contractor to the appropriate entity for suspension and debarment proceedings relating to the receipt of Federal funding. “(C) EMPLOYEE DISCIPLINE REPORTS.— “(i) IN GENERAL.—Not later than 360 days after the date of enactment of this Act, and not less frequently than once every 90 days thereafter, the head of each agency shall submit to the Board and the appropriate congressional committees a report that discloses, for the period covered by the report, each violation by an employee of the agency of subsection (b)(3). “(ii) CONTENTS.—Each report submitted under clause (i) shall include, with respect to a violation described in that clause— “(I) the name and professional title of each employee engaged in the violation; “(II) a detailed explanation of the nature of the violation; and “(III) the date of the violation. “(iii) PUBLICATION.—Not later than 5 days after the date on which the Board receives a report under clause (i), the Board shall publish on a publicly accessible and searchable website the amount of violations that have been committed under clause (i). “(h) Subaward and subcontractor disclosure.— “(1) IN GENERAL.—During the course of high-risk life sciences research in progress performed by an entity supported by Federal funding from an agency, the entity shall— “(A) continuously disclose to the head of the agency any subcontracts or subawards made or planned to be made with the Federal funding; and “(B) obtain consent from the head of the agency before awarding a subcontract or award described in subparagraph (A). “(2) AGENCY SUBMISSION.—Not later than 30 days after the date on which the head of an agency receives a disclosure under paragraph (1), the head of the agency shall submit to the Board the disclosure. “(3) BOARD INQUIRIES.— “(A) IN GENERAL.—The Board may contact an entity that submits a disclosure under paragraph (1) to request additional information relating to the disclosure. “(B) ACCESS TO REPORTS.—During the course of high-risk life sciences research in progress performed by an entity supported by Federal funding from an agency, upon request, the Board shall have access to every annual report of— “(i) the agency; “(ii) the entity performing the high-risk life sciences research; and “(iii) any subcontractor or subawardee of an entity described in clause (ii). “§ 7906. Board review “(a) In general.— “(1) HIGH-RISK LIFE SCIENCES RESEARCH.—Not later than 120 days after the date on which the Board receives a notification from an agency under section 7905(c) relating to proposed Federal funding for life sciences research that constitutes high-risk life sciences research or the Board receives a notification from an agency under section 7905(f)(2)(C) relating to Federal funding of research in progress that constitutes high-risk life sciences research, the Board shall— “(A) review the proposed Federal funding or high-risk life sciences research in progress; “(B) by a majority vote, determine whether the agency may award the proposed Federal funding or continue to award the Federal funding for the high-risk life sciences research in progress; and “(C) by a majority vote, determine with respect to the high-risk life sciences research funded by the proposed Federal funding or Federal funding for high-risk life sciences research in progress— “(i) the minimum required biosafety containment level, engineering controls, and operational controls; “(ii) the minimum required biosecurity engineering controls and operational controls; and “(iii) the minimum required personnel assurance controls. “(2) PROPOSED LIFE SCIENCES RESEARCH.— “(A) IN GENERAL.—With respect to proposed Federal funding by an agency for life sciences research, the Board may— “(i) review the proposed Federal funding; and “(ii) determine whether the Board should review the proposed Federal funding in accordance with paragraph (1). “(B) NOTIFICATION.—If the Board makes a positive determination under subparagraph (A)(ii) with respect to proposed Federal funding by an agency— “(i) the Board shall notify the head of the agency; and “(ii) the head of the agency may not award the proposed Federal funding until the date on which the Board makes a final determination with respect to the proposed Federal funding under paragraph (1). “(3) PAST FUNDING.—With respect to life sciences research performed with Federal funding awarded by an agency before the date of enactment of this chapter, the Board may review and audit the research in order to assess the compliance of the agency with the provisions of this chapter. “(4) ONGOING FUNDING FOR LIFE SCIENCES RESEARCH.—With respect to Federal funding for life sciences research in progress awarded by an agency before the date of enactment of this Act that the Board determines may constitute high-risk life sciences research, the Board may— “(A) direct the agency to temporarily suspend the Federal funding; “(B) require the agency to provide complete information on the Federal funding in order for the Board to complete a review of the life sciences research under paragraph (1); and “(C) by a majority vote of members of the Board, determine whether the agency may continue the Federal funding. “(b) Considerations.— “(1) IN GENERAL.—In making a determination under subsection (a)(1)(B), the Board shall consider, with respect to the high-risk life sciences research that will be conducted with the proposed Federal funding or high-risk life sciences research in progress— “(A) whether the research poses a threat to public health; “(B) whether the research poses a threat to public safety; “(C) whether the research has a high probability of producing benefits for public health; “(D) whether the research poses a threat to large populations of animals and plants; “(E) whether the research poses a threat to national security; “(F) whether the research is proposed to be conducted in whole or at least in part in a foreign country; “(G) the reasonably anticipated material risks of the research; “(H) the reasonably anticipated information risks of the research; “(I) the reasonably anticipated benefits of the research; “(J) whether the reasonably anticipated benefits of the research outweigh the reasonably anticipated risks; and “(K) whether the benefits of the research could be obtained through procedures posing lower risks. “(2) WEIGHT OF FACTORS.—The presence or absence of any factor under paragraph (1) shall not be decisive with respect to the determination of the Board under subsection (a)(1)(B). “(c) Notice following review and determination.— “(1) AGENCY NOTIFICATION.—Not later than 5 days after the date on which the Board makes a determination under subsection (a)(1)(B) with respect to Federal funding by an agency, the Executive Director of the Board shall notify the head of the agency of the determination. “(2) BOARD CONSULTATION.— “(A) IN GENERAL.—Not later than 10 days after receiving a notification from the Board under paragraph (1), the head of an agency may request a meeting with the Board to discuss the determination of the Board. “(B) BOARD RESPONSE.—The Board shall schedule a meeting requested by the head of an agency under subparagraph (A) in a timely manner. “(3) NOTIFICATION TO APPROPRIATE CONGRESSIONAL COMMITTEES.—If the Board determines that the head of an agency may not proceed with an award of proposed Federal funding under this section, the Executive Director of the Board shall notify the appropriate congressional committees when the Board notifies the head of the agency. “(d) Request for expedited review.— “(1) DEFINITION.—In this subsection, the term ‘emergency research’ means high-risk life sciences research submitted to the Board that relates to a public health emergency or addresses a specific national security concern. “(2) REQUEST; NOTIFICATION.—The head of an agency seeking expedited review from the Board to award Federal funding for emergency research shall— “(A) include a request for expedited review in the notification required under section 7905(c); and “(B) on the date of the notification described in subparagraph (A), submit to the Board and the appropriate congressional committees a notification that explains why the specific public health emergency or national security concern necessitates expedited review under this subsection. “(3) INTERNAL PROCESS.—The Board shall establish an internal process under which the Board will give proposed emergency research expedited review under this section. “(4) TEMPORARY EMERGENCY RESEARCH.—If the Board does not notify the head of an agency with a determination under subsection (a)(1)(B) with respect to proposed emergency research by the 15 days after the date on which the head of the agency submits a request under paragraph (2)(A), the head of the agency may award Federal funding for the emergency research on a temporary basis. “(e) Scientific expert panels.— “(1) IN GENERAL.—The Board may establish a scientific panel of nongovernmental experts to advise the Board in the review by the Board of life sciences research pursuant to this chapter. “(2) POLICIES AND PROCEDURES.—The Board shall establish and publish in the Federal Register procedures and policies relating to conflicts of interest, recusal, expertise, and related matters before the establishment of the panel described in paragraph (1). “(3) PROHIBITION.—An individual serving on the panel established under paragraph (1) may not advise the Board on any matter with respect to which the individuals has an identified or perceived conflict of interest. “(4) REPORT.— “(A) IN GENERAL.—Not later than 30 days after the date on which the Board establishes a panel established under paragraph (1), the Board shall submit to the appropriate congressional committees a report that includes the names, qualifications, and any identified or perceived conflicts of interest of individuals who serve on the panel. “(B) PANEL CHANGES.—Upon a change of personnel on the panel established under paragraph (1), the Board shall immediately submit to the appropriate congressional committees an update to the report required under subparagraph (A). “(f) Report.— “(1) IN GENERAL.—Not later than 360 days after the date on which the Board establishes the panel described in subsection (e)(1), and annually thereafter, the Board shall submit to the appropriate congressional committees a report, which shall include a classified annex, summarizing, with respect to each determination by the Board under this section relating to high-risk life sciences research— “(A) the findings of the Board; “(B) the determination of the Board; “(C) the name and location of the entity proposing the life sciences research; “(D) the name and location of any recipient of a subaward or subcontractor of an entity proposing life sciences research and the nature of the participation of such a recipient or subcontractor; and “(E) an account of significant challenges or problems, including procedural or substantive challenges or problems, that arise during the course of the work of the Board, including the views of any member of the Board who wishes to have those views included in the report. “(2) PUBLIC REPORT.—On the date on which the Board submits a report required under paragraph (1), the Board shall make the report, other than the classified annex included in the report, available on a website. “(g) Effective date.—This section shall take effect on the date that is 270 days after the date of enactment of this chapter. “§ 7907. GAO Audits.—The Comptroller General of the United States shall periodically audit the Board. “§ 7908. Funding.—There is authorized to be appropriated to the Board to carry out this chapter $30,000,000 for each of fiscal years 2026 through 2035.”. (b) Clerical amendment.—The table of chapters for subtitle V of title 31, United States Code, is amended by adding at the end the following: “79. Life Sciences Research Security Board”. (c) Financial disclosure reports of Board members.—Section 13103(f) of title 5, United States Code, is amended— (1) in paragraph (11), by striking “and” at the end; (2) in paragraph (12), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(13) a member of the Life Sciences Research Security Board established under section 7902 of title 31.”. Subtitle G—Rural Healthcare Sec. 161. Specialty medical practitioners workforce in rural communities. Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) is amended— (1) by redesignating part G (42 U.S.C. 795j et seq.) as part H; and (2) by inserting after part F (42 U.S.C. 295h) the following new part: “PART G—Specialty medicine workforce in rural communities “SEC. 782. Loan repayment program. “(a) In general.— “(1) PROGRAM FOR SPECIALTY MEDICINE PHYSICIANS.—The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which— “(A) the Secretary enters into agreements with specialty medicine physicians to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and “(B) the specialty medicine physicians each agree to complete a period of obligated service described in subsection (d) as a specialty medicine physician in the United States in a rural community experiencing a shortage of specialty medicine physicians. “(2) PROGRAM FOR NON-PHYSICIAN SPECIALTY HEALTH CARE PROVIDERS.—The Secretary, acting through the Administrator of the Health Resources and Services Administration, may carry out a program under which— “(A) the Secretary enters into agreements with non-physician specialty health care providers to make payments in accordance with subsection (b) on the principal of and interest on any eligible loans described in subsection (c); and “(B) the non-physician specialty health care providers each agree to complete a period of obligated service described in subsection (d) as a non-physician specialty health care provider in the United States in a rural community experiencing a shortage of such providers. “(b) Payments.—For each year of obligated service by a specialty medicine physician pursuant to an agreement under subsection (a)(1) or by a non-physician specialty health care provider pursuant to an agreement under subsection (a)(2), the Secretary shall make a payment to such physician or provider as follows: “(1) SERVICE IN SHORTAGE AREA.—The Secretary shall pay— “(A) for each year of obligated service by a specialty medicine physician or non-physician specialty health care provider pursuant to an agreement under paragraph (1) or (2) of subsection (a), 1⁄6 of the principal of and interest on each eligible loan of the physician or provider which is outstanding on the date the physician or provider began service pursuant to the agreement; and “(B) for completion of the sixth and final year of such service, the remainder of such principal and interest. “(2) MAXIMUM AMOUNT.—The total amount of payments under this section to any specialty medicine physician or non-physician specialty health care provider shall not exceed $250,000. “(c) Eligible loans.—The loans eligible for repayment under this section are each of the following: “(1) Any loan for education in specialty medicine or specialty health care. “(2) Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965). “(3) Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965. “(4) Any other Federal loan as determined appropriate by the Secretary. “(d) Period of obligated service.—Any specialty medicine physician or non-physician specialty health care provider receiving payments under this section as required by an agreement under paragraph (1) or (2) of subsection (a) shall agree to a 6-year commitment to full-time employment, with no more than 1 year passing between any 2 years of covered employment, as a specialty medicine physician or non-physician specialty health care provider, as applicable, in the United States in a rural community experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers, as applicable. “(e) Ineligibility for double benefits.—No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both— “(1) this section; and “(2) any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965. “(f) Breach.— “(1) LIQUIDATED DAMAGES FORMULA.—The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under paragraph (1) or (2) of subsection (a). “(2) LIMITATION.—The failure by a specialty medicine physician or a non-physician specialty health care provider to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the physician or provider completed in good faith the years of service for which payments were made to the physician or provider under this section. “(g) Special rules for non-Physician specialty health care providers.—Non-physician specialty health care providers participating in the program under this section are not eligible for other Federal loan forgiveness programs specific to health care providers. Not more than 15 percent of amounts made available to carry out this section for a fiscal year may be allocated to awards to non-physician specialty health care providers. “(h) Reports to Congress.—Not later than 5 years after the date of enactment of this section, and not less than every other year thereafter through fiscal year 2033, the Secretary shall report to Congress on— “(1) the practice location of special medicine physicians and non-physician specialty health care providers participating, or who have participated, in the loan repayment program under this section; and “(2) the impact of the loan repayment program under this section on the availability of specialty medicine or specialty health care services in the United States in rural communities experiencing a shortage of specialty medicine physicians or non-physician specialty health care providers. “(i) Data updates.—The Administrator of the Health Resources and Services Administration shall update publicly available data on the supply of specialty medicine physicians and non-physician specialty health care providers, as appropriate. “(j) Definitions.—In this section: “(1) NON-PHYSICIAN SPECIALTY HEALTH CARE PROVIDER.—The term ‘non-physician specialty health care provider’ means a health professional other than a physician who is licensed to provide patient care other than primary care services. “(2) SPECIALTY MEDICINE PHYSICIAN.—The term ‘specialty medicine physician’ means a physician practicing in an area of medicine other than primary care. “(k) Authorization of appropriations.—To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2025 through 2034.”. Subtitle H—Medicare Improvement Sec. 171. Expanded medical facilities. (a) Coverage Under Medicare Part B.—42 U.S.C. 1395k(a) (Section 1832(a)(2) of the Social Security Act) is amended— (1) in subparagraph (I), by striking “and” at the end; (2) in subparagraph (J), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new subparagraph: “(K) emergency services (as defined in section 2799A–1(a)(3)(C) of the Public Health Service Act) provided by a freestanding emergency center (as defined in section 1861(lll)).”. (b) Freestanding Emergency Center Defined.—42 U.S.C. 1395x (Section 1861 of the Social Security Act) is amended by adding at the end the following new subsection: “(lll) Freestanding Emergency Center.—The term ‘freestanding emergency center’ means a health care facility that— “(1) is an independent freestanding emergency department (as defined in section 2799A–1(a)(3)(D) of the Public Health Service Act); “(2) is operational 24 hours a day, 7 days a week, and 365 days a year with a physician (as defined in subsection (r)) onsite at all times; “(3) has in place mechanisms to allow for appropriate transfers and referrals; “(4) develops, implements, and maintains an ongoing, data-driven quality assessment and performance improvement (QAPI) program; “(5) is located— “(A) in a metropolitan statistical area; or “(B) (i) in the case of a facility established prior to 2020, in a rural county; or “(ii) in the case of a facility established on or after January 1, 2020, in a rural county that does not have a Medicare-certified hospital or a rural emergency hospital (as defined in subsection (kkk)(2)); “(6) has established a governing body to determine, implement, and monitor policies governing the total operation of the facility, and has oversight and accountability for the QAPI program, ensuring that facility policies and such QAPI program are administered so as to provide quality health care in a safe environment; and “(7) meets all State requirements applicable to facilities which furnish emergency medical services to individuals but do not typically provide for stays in excess of 24 hours, and meets such other requirements as the Secretary may prescribe not in excess of the conditions of participation under this title that are specifically applicable to off campus dedicated emergency departments of hospitals (as described in section 482.55 of title 42, Code of Federal Regulations (or any successor regulation)), and not the conditions of participation under this title that are applicable to hospitals (as defined in subsection (e)), including rural emergency hospitals (as defined in subsection (kkk)(2)), other than with respect to compliance with the requirements described in section 1867;”. (c) Payment Under Medicare.—42 U.S.C. 1395l(t)(21) (Section 1833(t)(21) of the Social Security Act) is amended by adding at the end the following new subparagraph: “(F) TREATMENT OF FREESTANDING EMERGENCY CENTERS.—The facility payment rate for services of a freestanding emergency center (as defined in section 1861(lll)) for higher acuity evaluation or management level services (as represented by HCPCS codes 99283–99285, or any successor codes) shall be in an amount equal to the payment that would otherwise apply to a hospital outpatient department under this subsection, including the application of the geographic adjustment under paragraph (2)(D) and the OPD fee schedule increase factor under paragraph (3)(C)(iv).”. (d) Coverage Under Medicaid.—42 U.S.C. 1396d(a)(2)(A) (Section 1905(a)(2)(A) of the Social Security Act) is amended by inserting “, which shall include the services of freestanding emergency centers, as defined in section 1861(lll)” after “outpatient hospital services”. (e) Effective Date.—The amendments made by this Act shall apply to items and services furnished on or after January 1, 2027, or the first day following the termination of the emergency period (as defined in 42 U.S.C. 1320b–5(g)(1)(B)) (section 1135(g)(1)(B) of the Social Security Act), whichever comes first. (f) Section 1886(d)(5)(D)(iii) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(D)(iii)) is amended— (1) in subclause (II), by striking at the end “or”; (2) in subclause (III), by striking the period at the end and inserting “, or”; and (3) by adding at the end the following new subclause: “(IV) for the 10-year period beginning on the date of the enactment of this subclause, that met either of the requirements specified in subclauses (I) through (III) (as in effect on the date of the enactment of this subclause) on or before March 13, 2020.”. Sec. 172. Expanding coverage. (a) In General.—Section 1861(r)(5) of the Social Security Act (42 U.S.C. 1395x(r)(5)) is amended— (1) by striking “for the purpose of sections 1861(s)(1) and 1861(s)(2)(A) and only”; (2) by inserting “, evaluation and management services (including examination and imaging services), and such other functions (not including the prescribing of drugs)” after “(to correct a subluxation)”; and (3) by inserting “, service, or function (as applicable)” after “such treatment”. (b) Allowing Chiropractors To Provide Items And Services Through Private Contracts With Medicare Beneficiaries.—Section 1802(b)(6)(B) of the Social Security Act (42 U.S.C. 1395a(b)(6)(B)) is amended by striking “paragraphs (1), (2), (3), and (4) of”. (c) Coverage for obesity medication.—Section 1860D–2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w–102(e)(2)(A)) is amended, in the first sentence— (1) by striking “and other than” and inserting “other than”; and (2) by inserting after “benzodiazepines),” the following: “and other than subparagraph (A) of such section if the drug is used for the treatment of obesity (as defined in section 1861(yy)(2)(C)) or for weight loss management for an individual who is overweight (as defined in section 1861(yy)(2)(F)(i)) and has one or more related comorbidities (provided that such cost is not raised for weight loss or weight management),”. (d) Effective Date.—The amendments made by this section shall apply to plan years beginning on or after January 1, 2026. (e) Medicare Advantage.—Section 1856 of the Social Security Act (42 U.S.C. 1395w-26) is amended by inserting the following subsection (c) after subsection (b): “Aesthetic treatments.—Subject to restrictions imposed by section 102 of the Make America Healthy Again Act, aesthetic treatments may be covered under this part. However, no funds disbursed under this Act shall be made available for any drug which is not made available at a reasonable price as determined by section 107 of the Make America Healthy Again Act.”. (f) Authority to expand health care providers qualified to furnish intensive behavioral therapy.—Section 1861(ddd) of the Social Security Act (42 U.S.C. 1395x(ddd)) is amended by adding at the end the following new paragraph: “(4) (A) Subject to subparagraph (B), the Secretary may, in addition to qualified primary care physicians and other primary care practitioners, cover intensive behavioral therapy for obesity furnished by any of the following: “(i) A physician (as defined in subsection (r)(1)) who is not a qualified primary care physician. “(ii) Any other appropriate health care provider (including a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a clinical psychologist, a registered dietitian or nutrition professional (as defined in subsection (vv))). “(iii) An evidence-based, community-based lifestyle counseling program approved by the Secretary. “(B) In the case of intensive behavioral therapy for obesity furnished by a provider described in clause (ii) or (iii) of subparagraph (A), the Secretary may only cover such therapy if such therapy is furnished— “(i) upon referral from, and in coordination with, a physician or primary care practitioner operating in a primary care setting or any other setting specified by the Secretary; and “(ii) in an office setting, a hospital outpatient department, a community-based site that complies with the Federal regulations concerning the privacy of individually identifiable health information promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, or another setting specified by the Secretary. “(C) In order to ensure a collaborative effort, the coordination described in subparagraph (B)(i) shall include the health care provider or lifestyle counseling program communicating to the referring physician or primary care practitioner any recommendations or treatment plans made regarding the therapy.”. Sec. 173. Legalizing discounts for Medicare Part D purchases. (a) Exclusion Of Discounts.—Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a–7b(b)(3)) is amended— (1) in subparagraph (J)— (A) by moving such subparagraph 2 ems to the left; and (B) by striking “and” at the end; (2) in subparagraph (K)— (A) by moving such subparagraph 2 ems to the left; and (B) by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new subparagraph: “(L) a discount, including through a rebate, discount card, or coupon, with respect to a covered part D drug (as defined in section 1860D–2(e)) under part D of title XVIII if— “(i) the full value of such discount is provided initially to a part D eligible individual (as defined in section 1860D–1(a)(3)(A)) enrolled in a part D plan (as defined in section 1860D–23(a)(5)), and the discount is not structured for the specific purpose of providing a price concession, other than a bona fide service fee, to another individual or entity; and “(ii) in the case where such discount includes a reduction in price applicable to individuals enrolled in a health plan but not to individuals enrolled in a prescription drug plan under such part D or a MA–PD plan under part C of such title XVIII, such discount is not structured for the specific purpose of increasing utilization of such covered part D drug under such a prescription drug plan or MA–PD plan.”. (b) Application Of The Protection Against Out-Of-Pocket Expenditures.—Section 1860D–2(b)(4)(C)(iii) of the Social Security Act (42 U.S.C. 1395w–102(b)(4)(C)(iii)) is amended— (1) in subclause (III), by striking “or” at the end; (2) in subclause (IV), by striking the period at the end and inserting “; or”; and (3) by adding at the end the following: “(V) under an arrangement described in section 1128B(b)(3)(L).”. (c) Effective Date.—The amendments made by this section shall take effect on January 1, 2026. Sec. 174. Improvements to enable early treatment. (a) Medicare coverage of Alzheimer’s disease and related dementias early detection screening tests..—Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended— (1) in subsection (s)(2)— (A) in subparagraph (JJ), by striking the semicolon at the end and inserting “; and”; and (B) by adding at the end the following new subparagraph: “(KK) Alzheimer’s disease and related dementias early detection screening tests (as defined in subsection (nnn));”; and (2) by adding at the end the following new subsection: “(nnn) Alzheimer’s disease and related dementias early detection screening tests.—The term ‘Alzheimer’s disease and related dementias early detection screening test’ means a test furnished to an individual for the detection of the pre-symptomatic and early stage of Alzheimer’s disease or related dementias on or after January 1, 2028, that— “(1) is cleared under section 510(k), classified under section 513(f)(2), or approved under section 515 of the Federal Food, Drug, and Cosmetic Act; and “(2) is— “(A) a genomic sequencing blood or blood product test; or “(B) such other equivalent test, including a single-analyte test, blood test analysis of cell-free nucleic acids, multiplex panel test, whole genome sequencing, protein expression, whole exome, whole transcriptome, and medical imaging (which are based on blood, blood products, tissue, urine or other biospecimen), as the Secretary determines appropriate in providing results comparable to those obtained with a test described in subparagraph (A).”. (b) Payment.—Section 1833(h)(1)(A) of the Social Security Act (42 U.S.C. 1395l(h)(1)(A)) is amended by inserting “Alzheimer’s disease and related dementias early detection screening tests under section 1861(nnn) and” after “including”. (c) Section 1899(c)(1) of the Social Security Act (42 U.S.C. 1395jjj(c)(1)) is amended— (1) in subparagraph (A), by striking “and” at the end; (2) in subparagraph (B), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new subparagraph: “(C) in the case of performance years beginning on or after January 1, 2027, primary care services provided under this title by an ACO professional described in subsection (h)(1)(B)”. Sec. 175. Clinical laboratory tests. (a) Use Of Statistical Sampling For Widely Available Clinical Diagnostic Laboratory Tests.— (1) IN GENERAL.—Section 1834A(a)(1) of the Social Security Act (42 U.S.C. 1395m–1(a)(1)) is amended— (A) in subparagraph (A), by striking “Subject to subparagraph (B)” and inserting “Subject to subparagraphs (B) and (C)”; and (B) by adding at the end the following new subparagraph: “(C) USE OF STATISTICAL SAMPLING FOR WIDELY AVAILABLE CLINICAL DIAGNOSTIC LABORATORY TESTS.— “(i) IN GENERAL.—Subject to clause (ii), with respect to data collection periods for reporting periods beginning on or after January 1, 2030, in the case of a widely available clinical diagnostic laboratory test (as defined in clause (iii)), in lieu of requiring the reporting of applicable information from each applicable laboratory, the Secretary shall require the collection and reporting of applicable information from a statistically valid sample of applicable laboratories for each such widely available clinical diagnostic laboratory test. “(ii) REQUIREMENTS FOR STATISTICAL SAMPLING.— “(I) IN GENERAL.—The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. “(II) REPRESENTATIVE SAMPLING.—The methodology under subclause (I) for a statistically valid sample under clause (i) shall, for each applicable HCPCS code for a widely available clinical diagnostic laboratory test— “(aa) provide for a sample that allows for the payment amounts established under paragraph (2) of subsection (b) for such a test to be representative of rates paid by private payors to applicable laboratories receiving payment under this section, including independent laboratories, hospital laboratories, hospital outreach laboratories, and physician office laboratories that furnish the widely available clinical diagnostic laboratory test; “(bb) include applicable information (as defined in paragraph (3)) with respect to such widely available clinical diagnostic laboratory test from such different types of applicable laboratories; and “(cc) be of sufficient size to accurately and proportionally represent the range of private payor payment rates received by each such type of applicable laboratory weighted according to the utilization rates of each type of applicable laboratory for the widely available clinical diagnostic laboratory test during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected. “(III) LEAST BURDENSOME DATA COLLECTION AND REPORTING PROCESSES.—The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. “(IV) PUBLICATION OF LIST OF WIDELY AVAILABLE CLINICAL DIAGNOSTIC LABORATORY TESTS AND NOTIFICATION TO APPLICABLE LABORATORIES REQUIRED TO REPORT APPLICABLE INFORMATION.—Not later than September 30 of the year immediately preceding each data collection period (as defined in paragraph (4)), the Secretary shall publish in the Federal Register a list of widely available clinical diagnostic laboratory tests and shall directly notify applicable laboratories required to report applicable information under this subsection. “(iii) DEFINITION OF WIDELY AVAILABLE CLINICAL DIAGNOSTIC LABORATORY TEST.—In this subparagraph, the term ‘widely available clinical diagnostic laboratory test’ means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: “(I) PAYMENT RATE.—The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. “(II) NUMBER OF LABORATORIES PERFORMING THE TEST.—The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.”. (2) DELAYS TO REVISED REPORTING PERIODS AND REPORTING PERIOD FREQUENCY.— (A) IN GENERAL.—Section 1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m–1(a)(1)(B)) is amended— (i) in clause (i), by striking “December 31, 2027” and inserting “December 31, 2030”; (ii) in clause (ii), by striking “beginning January 1, 2028, and ending March 31, 2028” and inserting “beginning January 1, 2031, and ending March 31, 2031”; and (iii) in clause (iii) by striking “every three years” and inserting “every four years”. (B) CONFORMING CHANGE TO DEFINITION OF DATA COLLECTION PERIOD.—Section 1834A(a)(4)(B) of the Social Security Act (42 U.S.C. 1395m–1(a)(4)(B)) is amended by striking “January 1, 2019, and ending June 30, 2019” and inserting “January 1, 2030, and ending June 30, 2030”. (b) Elimination Of Majority Of Medicare Revenues Test.—The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m–1(a)(2)) is amended by striking “In this section” and all that follows through the period and inserting the following: “Notwithstanding determinations of applicable laboratories made prior to January 1, 2029, the term ‘applicable laboratory’ means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.”. (c) Modifications To Applicable Information Reported.— (1) MEDICAID MANAGED CARE RATES.—Section 1834A(a)(8)(C) of the Social Security Act (42 U.S.C. 1395m–1(a)(8)(C)) is amended by striking “A medicaid managed care organization” and inserting “With respect to data collection periods for reporting periods beginning before January 1, 2031, a medicaid managed care organization (as defined in section 1903(m))”. (2) AUTHORITY TO EXCLUDE MANUAL REMITTANCES.—Section 1834A(a)(3) of the Social Security Act (42 U.S.C. 1395m–1(a)(3)) is amended— (A) in subparagraph (A), by striking “subject to subparagraph (B),” and inserting “subject to subparagraphs (B) and (C)”; and (B) by adding at the end the following new subparagraph: “(C) EXCLUSION OF MANUAL REMITTANCES.—An applicable laboratory for which less than 10 percent of its total paid claims during a data collection period are paid by private payors by means other than an electronic standard transaction (as defined in section 162.103 of title 45, Code of Federal Regulations (or any successor regulation)) may exclude from the definition of applicable information under this paragraph payments made by private payors that are not made through an electronic standard transaction.”. (d) Modification To Limits On Payment Reductions; Imposition Of Annual Cap On Payment Increases.— (1) PAYMENT REDUCTION LIMITS.—Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m–1(b)(3)) is amended— (A) in subparagraph (A), by striking “for each of 2017 through 2030” and inserting “for 2017 and each succeeding year”; and (B) in subparagraph (B)— (i) in clause (ii), by striking “and” at the end; and (ii) by striking clause (iii) and inserting the following: “(iii) for 2028, 0 percent; “(iv) for 2029, 2.5 percent; and “(v) for 2030 and each subsequent year, 5 percent.”. (2) ANNUAL CAP ON PAYMENT RATE INCREASES.—Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m–1(b)(3)), as amended by paragraph (1), is amended— (A) in subparagraph (A)— (i) by striking “test for 2017 and each succeeding year—” and inserting “test— “(i) for 2017 and each succeeding year”; (ii) in clause (i), as added by clause (i) of this subparagraph, by striking the period and inserting “; and”; and (iii) by adding at the end the following new clause: “(ii) for 2028 and each succeeding year, shall not result in an increase in payments for a clinical diagnostic laboratory test for the year of greater than the applicable percent (as defined in subparagraph (D)) of the amount of payment for the test for the preceding year.”; (B) in subparagraph (B), in the matter preceding clause (i), by striking “In this paragraph” and inserting “In clause (i) of subparagraph (A)”; and (C) by adding at the end the following new subparagraph: “(D) DEFINITION OF APPLICABLE PERCENT FOR PURPOSES OF ANNUAL CAP ON PAYMENT INCREASES.—In clause (ii) of subparagraph (A), the term ‘applicable percent’ means the following: “(i) WIDELY AVAILABLE CLINICAL DIAGNOSTIC LABORATORY TESTS.—With respect to a widely available clinical diagnostic laboratory test— “(I) for 2028, 2.5 percent; “(II) for 2029, 2.5 percent; “(III) for 2030, 3.75 percent, “(IV) for 2031, 3.75 percent; and “(V) for 2032 and each subsequent year, 5 percent. “(ii) OTHER CLINICAL DIAGNOSTIC LABORATORY TESTS.—With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.”. (3) CONFORMING AMENDMENT.—Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m–1(b)(3)) is amended in the heading by striking “REDUCTIONS” and inserting “MEDICARE PAYMENT CHANGES”. (e) Regulations.— (1) Not later than December 31, 2026, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (2) The Secretary of Health and Human Services may implement the amendments made by subsection (d) through interim final rulemaking, program instruction, or otherwise. Sec. 176. Pharmacist services under Medicare Part B. (a) Coverage.—Section 1861(s) of the Social Security Act (42 U.S.C. 1395x(s)) is amended— (1) in paragraph (2)— (A) in subparagraph (II), by striking “and” at the end; (B) in subparagraph (JJ), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new subparagraph: “(KK) pharmacist services and such services and supplies furnished as an incident to the pharmacist’s service as would otherwise be covered under part B if furnished by a physician or as an incident to a physician’s service that— “(i) are furnished by a pharmacist— “(I) as licensed under State law; or “(II) pursuant to a Federal emergency authority described under section 319F–3 or section 361 of the Public Health Service Act, or other similar Federal law; “(ii) would otherwise be covered under part B if furnished by a physician; and “(iii) are services— “(I) for encounters for the evaluation and management of patients for testing or treatment for COVID–19, influenza, respiratory syncytial virus, or streptococcal pharyngitis; or “(II) that address a public health need related to a public health emergency under section 319F–3 or section 361 of the Public Health Service Act, or other similar Federal law.”; and (2) in paragraph (10), in each of subparagraphs (A) and (B), by inserting “, including when furnished by a pharmacist” before the semicolon in each such subparagraph. (b) Payment.—Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended— (1) by striking “and (HH)” and inserting “(HH)”; and (2) by inserting before the semicolon at the end the following: “and (II) with respect to pharmacist services described in section 1861(s)(2)(KK), the amounts paid shall be equal to 80 percent of the lesser of (i) the actual charge for the services or (ii) 85 percent (or 100 percent, in the case of such services furnished pursuant to a Federal emergency authority described in clause (i)(II) of such section) of the amount determined under the payment basis under section 1848 for such services.”. (c) Prohibition On Balance Billing For Pharmacist Services.—Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following: “(ix) A pharmacist.”. (d) Rule Of Construction.—Nothing in this section shall be construed to restrict the ability of pharmacies and pharmacists to enroll and obtain reimbursement under existing pathways under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) as of the date of the enactment of this Act, including payment as mass immunizers. (e) Implementation Authority.—Notwithstanding any other provision of law, the Secretary of Health and Human Services shall implement the provisions of, and the amendments made by, this section by interim final rule, program instruction, or otherwise not later than the date that is 60 days after the date of the enactment of this Act. Sec. 177. Health Care Efficiency Through Flexibility. (a) Ensuring availability of appropriate collection types for quality reporting under the Medicare Shared Savings Program.—Section 1899(b)(3)(B) of the Social Security Act (42 U.S.C. 1395jjj(b)(3)(B)) is amended— (1) by striking “An ACO shall submit” and inserting the following: “(i) IN GENERAL.—An ACO shall submit”; and (2) by adding at the end the following new clauses: “(ii) REQUIRED AVAILABILITY OF COLLECTION TYPES FOR CERTAIN YEARS.—For performance years 2025 through 2029, the Secretary shall ensure that the following collection types (as described in section 414.1305 of title 42, Code of Federal Regulations (or a successor regulation)) are available with respect to each measure described in subparagraph (A)(i) required to be reported by an ACO under this paragraph: “(I) Electronic clinical quality measures. “(II) MIPS clinical quality measures. “(III) Medicare Clinical Quality Measures for Accountable Care Organizations Participating in the Medicare Shared Savings Program. “(iii) CLARIFICATION ON APPLICATION OF DATA COMPLETENESS REQUIREMENTS IN CERTAIN CASES.— “(I) IN GENERAL.—In determining whether data submitted by an ACO with respect to a measure described in subparagraph (A)(i) for a performance year beginning on or after January 1, 2025, satisfies the data completeness requirements applicable to such measure under section 414.1340 of title 42, Code of Federal Regulations (or a successor regulation) (as applied pursuant to section 425.512 of title 42, Code of Federal Regulations (or a successor regulation)), the Secretary may not find such data to be unrepresentative of such ACO’s performance for such year (as described in paragraph (e) of such section 414.1340) based solely on the fact that such data excludes applicable data from 1 or more ACO participants in such ACO if— “(aa) such data submitted by the ACO otherwise complies with the data completeness requirements of such section 414.1340; and “(bb) such ACO demonstrates to the satisfaction of the Secretary that such ACO participant was unable to collect such data through the collection type (as described in clause (ii)) selected by the ACO for the submission of such data. “(II) DEFINITION.—In this clause, the term ‘ACO participant’ has the meaning given such term in section 425.20 of title 42, Code of Federal Regulations (or a successor regulation). “(III) IMPLEMENTATION.—The Secretary may implement this clause by program instruction or otherwise.”. (b) Pilot program for digital quality measure reporting.—Section 1899(b)(3)(B) of the Social Security Act (42 U.S.C. 1395jjj(b)(3)(B)), as amended by section 2, is further amended by adding at the end the following new clause: “(iv) PILOT PROGRAM FOR DIGITAL QUALITY MEASURE REPORTING.— “(I) IN GENERAL.—For each of performance years 2028 through 2032, the Secretary shall establish a digital quality measure reporting pilot program (in this clause referred to as the ‘program’) under which ACOs selected under subclause (II) for such performance year report quality measures specified by the Secretary under subclause (III) for such performance year through a digital quality measure collection type specified by the Secretary. “(II) SELECTION.—The Secretary shall select ACOs to participate in the program for a performance year from among ACOs that submit an application at such time and in such form and manner as specified by the Secretary. “(III) SPECIFICATION OF QUALITY MEASURES.—For each performance year of the program, the Secretary shall specify 2 measures described in subparagraph (A)(i) otherwise required to be reported by ACOs for such performance year for which an ACO selected under subclause (II) shall submit data through the collection type specified in subclause (I). “(IV) WAIVER OF REQUIREMENT TO REPORT OTHER MEASURES.—The Secretary may not require an ACO selected under subclause (II) for a performance year to report data on any measure described in subparagraph (A) otherwise required to be reported by an ACO under this paragraph for such performance year, other than such a measure specified under subclause (III) for such performance year. “(V) DISREGARD OF DATA FOR CERTAIN MEASURES.—The Secretary may not take into account any data for a measure specified under subclause (III) for a performance year submitted by an ACO selected under subclause (II) for such performance year, or any data for a measure with respect to which such ACO is not required to report data for such performance year under subclause (IV), in determining— “(aa) whether such ACO has met quality performance standards established by the Secretary under subparagraph (C) for such performance year; or “(bb) any score for the quality performance category (as described in section 1848(q)(2)(A)(i)) for an ACO participant (as defined in clause (iii)(II)) in such ACO for such performance year. “(VI) TECHNICAL ASSISTANCE.—The Secretary shall provide such technical assistance to ACOs selected to participate in the program as is practicable. “(VII) PROVISION OF INFORMATION.—Not later than December 31, 2032, the Secretary shall publicly post (or include as part of annual rulemaking for this section) the following: “(aa) An analysis of the program. “(bb) Any recommendations for increasing submissions of data for measures described in subparagraph (A)(i) through the collection type specified in subclause (I). “(cc) A proposed timeline for requiring such measures to be submitted through such collection type.”.Long-term care for Seniors. (c) Section 1886(m)(6)(A) of the Social Security Act (42 U.S.C. 1395ww(m)(6)(A)) is amended— (1) by striking “or the ventilator criterion under clause (iv)” and inserting “, the ventilator criterion under clause (iv), or the high acuity criterion described in clause (v)”; and (2) by adding at the end the following new clause: “(v) HIGH ACUITY CRITERION.— “(I) IN GENERAL.—The criterion specified in this clause (in this paragraph referred to as the ‘high acuity criterion’) for a discharge from a long-term care hospital in a fiscal year is that— “(aa) the individual discharged had a primary diagnosis assigned to a Medicare-Severity-Long-Term-Care-Diagnosis-Related-Group (MS–LTC–DRG) with a relative weight for such fiscal year that was equal to or greater than the specified amount for such fiscal year; and “(bb) the discharge occurred on or after October 1, 2029. “(II) SPECIFIED AMOUNT DEFINED.—For purposes of subclause (I), the term ‘specified amount’ means, with respect to a fiscal year, an amount equal to the 80th percentile of the relative weights for Medicare-Severity-Long-Term-Care-Diagnosis-Related-Groups that were assigned to primary diagnoses for all discharges occurring in the preceding fiscal year.”. Sec. 178. Medicare Advantage improvements. (a) Required MA and PDP reporting.— (1) MA PLANS.—Section 1857(e) of the Social Security Act (42 U.S.C. 1395w–27(e)) is amended by adding at the end the following new paragraph: “(6) REQUIRED DISCLOSURE OF CERTAIN INFORMATION RELATING TO HEALTH CARE PROVIDER OWNERSHIP.— “(A) IN GENERAL.—For plan year 2025 and for every third plan year thereafter, each MA organization offering an MA plan under this part during such plan year shall submit to the Secretary, at a time and in a manner specified by the Secretary— “(i) the taxpayer identification number for each health care provider that was a specified health care provider with respect to such organization during such year; “(ii) the total amount of incentive-based payments made to, and the total amount of shared losses recoupments collected from, such specified health care providers during such plan year; and “(iii) the total amount of incentive-based payments made to, and the total amount of shared losses recoupments collected from, providers of services and suppliers not described in clause (ii) during such plan year. “(B) DEFINITION.—For purposes of this paragraph, the term ‘specified health care provider’ means, with respect to an MA organization and a plan year, a provider of services or supplier with respect to which such organization (or any person with an ownership or control interest (as defined in section 1124(a)(3)) in such organization) is a person with an ownership or control interest (as so defined).”. (2) PRESCRIPTION DRUG PLANS.—Section 1860D–12(b) of the Social Security Act (42 U.S.C. 1395w–112(b)) is amended by adding at the end the following new paragraph: “(9) PROVISION OF INFORMATION RELATING TO PHARMACY OWNERSHIP.— “(A) IN GENERAL.—For plan year 2025 and for every third plan year thereafter, each PDP sponsor offering a prescription drug plan under this part during such plan year shall submit to the Secretary, at a time and in a manner specified by the Secretary, the taxpayer identification number and National Provider Identifier for each pharmacy that was a specified pharmacy with respect to such sponsor during such year. “(B) DEFINITION.—For purposes of this paragraph, the term ‘specified pharmacy’ means, with respect to an PDP sponsor offering a prescription drug plan and a plan year, a pharmacy with respect to which— “(i) such sponsor (or any person with an ownership or control interest (as defined in section 1124(a)(3)) in such sponsor) is a person with an ownership or control interest (as so defined); or “(ii) a pharmacy benefit manager offering services under such plan (or any person with an ownership or control interest (as so defined) in such sponsor) is a person with an ownership or control interest (as so defined).”. (b) MedPAC reports.—Part E of title XVIII of the Social Security Act (42 U.S.C. 1395x et seq.) is amended by adding at the end the following new section: “SEC. 1899C. Reports on vertical integration under Medicare. “(a) In general.—Not later than June 15, 2029, and every 3 years thereafter, the Medicare Payment Advisory Commission shall submit to Congress a report on the state of vertical integration in the health care sector during the applicable year with respect to entities participating in the Medicare program, including health care providers, pharmacies, prescription drug plan sponsors, Medicare Advantage organizations, and pharmacy benefit managers. Such report shall include— “(1) with respect to Medicare Advantage organizations, the evaluation described in subsection (b); “(2) with respect to prescription drug plans, pharmacy benefit managers, and pharmacies, the comparisons and evaluations described in subsection (c); “(3) with respect to Medicare Advantage plans under which benefits are available for physician-administered drugs, the information described in subsection (d); and “(4) the identifications described in subsection (e); and “(5) an analysis of the impact of such integration on health care access, price, quality, and outcomes. “(b) Medicare Advantage organizations.—For purposes of subsection (a)(1), the evaluation described in this subsection is, with respect to Medicare Advantage organizations and an applicable year, an evaluation, taking into account patient acuity and the types of areas serviced by such organization, of— “(1) the average number of qualifying diagnoses made during such year with respect to enrollees of a Medicare Advantage plan offered by such organization who, during such year, received a health risk assessment from a specified health care provider; “(2) the average risk score for such enrollees who received such an assessment during such year; “(3) any relationship between such risk scores for such enrollees receiving such an assessment from such a provider during such year and incentive payments made to such providers; “(4) the average risk score for enrollees of such plan who received any item or service from a specified health care provider during such year; “(5) any relationship between the risk scores of enrollees under such plan and whether the enrollees have received any item or service from a specified provider; and “(6) any relationship between the risk scores of enrollees under such plan that have received any item or service from a specified provider and incentive payments made under the plan to specified providers. “(c) Prescription drug plans.—For purposes of subsection (a)(2), the comparisons and evaluations described in this subsection are, with respect to prescription drug plans and an applicable year, the following: “(1) For each covered part D drug for which benefits are available under such a plan, a comparison of the average negotiated rate in effect with specified pharmacies with such rates in effect for in-network pharmacies that are not specified pharmacies. “(2) Comparisons of the following: “(A) The total amount paid by pharmacy benefit managers to specified pharmacies for covered part D drugs and the total amount so paid to pharmacies that are not specified pharmacies for such drugs. “(B) The total amount paid by such sponsors to specified pharmacy benefit managers as reimbursement for covered part D drugs and the total amount so paid to pharmacy benefit managers that are not specified pharmacy benefit managers as such reimbursement. “(C) Fees paid under by plan to specified pharmacy benefit managers compared to such fees paid to pharmacy benefit managers that are not specified pharmacy benefit managers. “(3) An evaluation of the total amount of direct and indirect remuneration for covered part D drugs passed through to prescription drug plan sponsors and the total amount retained by pharmacy benefit managers (including entities under contract with such a manager). “(4) To the extent that the available data permits, an evaluation of fees charged by rebate aggregators that are affiliated with plan sponsors. “(d) Physician-Administered drugs.—For purposes of subsection (a)(3), the information described in this subsection is, with respect to physician-administered drugs for which benefits are available under a Medicare Advantage plan during an applicable year, the following: “(1) With respect to each such plan, an identification of each drug for which benefits were available under such plan only when administered by a health care provider that acquired such drug from an affiliated pharmacy. “(2) An evaluation of the difference between the total number of drugs administered by a health care provider that were acquired from affiliated pharmacies compared to the number of such drugs so administered that were acquired from pharmacies other than affiliated pharmacies, and an evaluation of the difference in payments for such drugs so administered when acquired from a specified pharmacy and when acquired from a pharmacy that is not a specified pharmacy. “(3) An evaluation of the dollar value of all such drugs that were not so administered because of a delay attributable to an affiliated pharmacy compared to the dollar value of all such drugs that were not so administered because of a delay attributable to pharmacy that is not an affiliated pharmacy. “(4) The number of enrollees administered such a drug that was acquired from an affiliated pharmacy. “(5) The number of enrollees furnished such a drug that was acquired from a pharmacy that is not an affiliated pharmacy. “(e) Identifications.—For purposes of subsection (a)(4), the identifications described in this subsection are, with respect to an applicable year, identifications of each health care entity participating under the Medicare program with respect to which another health care entity so participating is a person with an ownership or control interest (as defined in section 1124(a)(3) of the Social Security Act (42 U.S.C. 1320a–3(a)(3))). “(f) Definitions.—In this section: “(1) AFFILIATED PHARMACY.—The term ‘affiliated pharmacy’ means, with respect to a Medicare Advantage plan offered by a Medicare Advantage organization, a pharmacy with respect to which such organization (or any person with an ownership or control interest (as defined in section 1124(a)(3)) in such organization) is a person with an ownership or control interest (as so defined). “(2) APPLICABLE YEAR.—The term ‘applicable year’ means, with respect to a report submitted under subsection (a), the first calendar year beginning at least 4 years prior to the date of the submission of such report. “(3) COVERED PART D DRUG.—The term ‘covered part D drug’ has the meaning given such term in section 1860D–2(e). “(4) DIRECT AND INDIRECT REMUNERATION.—The term ‘direct and indirect remuneration’ has the meaning given such term in section 423.308 of title 42, Code of Federal Regulations (or any successor regulation). “(5) QUALIFYING DIAGNOSIS.—The term ‘qualifying diagnosis’ means, with respect to an enrollee of a Medicare Advantage plan, a diagnosis that is taken into account in calculating a risk score for such enrollee under the risk adjustment methodology established by the Secretary pursuant to section 1853(a)(3). “(6) RISK SCORE.—The term ‘risk score’ means, with respect to an enrollee of a Medicare Advantage plan, the score calculated for such individual using the methodology described in paragraph (5). “(7) PHYSICIAN-ADMINISTERED DRUG.—The term ‘physician-administered drug’ means a drug furnished to an individual that, had such individual been enrolled under part B and not enrolled under part C, would have been payable under section 1842(o). “(8) SPECIFIED HEALTH CARE PROVIDER.—The term ‘specified health care provider’ means, with respect to a Medicare Advantage plan offered by a Medicare Advantage organization, a health care provider with respect to which such organization (or any person with an ownership or control interest (as defined in section 1124(a)(3)) in such organization) is a person with an ownership or control interest (as so defined). “(9) SPECIFIED PHARMACY.—The term ‘specified pharmacy’ means, with respect to a prescription drug plan offered by a prescription drug plan sponsor, a pharmacy with respect to which— “(A) such sponsor (or any person with an ownership or control interest (as defined in section 1124(a)(3)) in such sponsor) is a person with an ownership or control interest (as so defined); or “(B) a pharmacy benefit manager offering services under such plan (or any person with an ownership or control interest (as so defined) in such sponsor) is a person with an ownership or control interest (as so defined). “(10) SPECIFIED PHARMACY BENEFIT MANAGER.—The term ‘specified pharmacy benefit manager’ means, with respect to a prescription drug plan offered by a prescription drug plan sponsor, a pharmacy benefit manager with respect to which such sponsor (or any person with an ownership or control interest (as defined in section 1124(a)(3)) in such sponsor) is a person with an ownership or control interest (as so defined).”. Subtitle I—CHIP Reauthorization Through 2035 Sec. 181. Renewing CHIP. (a) Section 2104 of the Social Security Act is amended— (1) in subsection (a)(28) as follows— “(28) for each of the fiscal years 2029 through 2039, $30,000,000,000 per year.”, (2) in subsection (m)(12) as follows— “(12) Healthy Kids 2030s.—Aesthetic treatment (as defined by section 5892 of the Internal Revenue Code of 1986) shall be covered under CHIP, including— (A) treatments for youth victims of child sexual mutilation (as defined under section 2260B of title 18 of the United States Code), (B) reconstructive surgery after injury or illness results in damage to the body or would need to be treated by a procedure that would be taxable under section 5893 if aesthetic treatment were not performed, (C) Definitions of micromastia shall be defined as including any overbust not exceeding underbust by three inches at age sixteen. Definitions of micropygia shall be defined as including any hip measurement not exceeding thirty-nine inches at age sixteen.”, (3) in subsection (c)(2) as follows— “(2) Allocation.—The Secretary of Health and Human Services shall assess percentages based on the populations of children of United States nationals and citizens published in the most recent United States Census.”, (4) by striking subsections (d), (g), (h), (i), (j), and (k) and inserting the following after subsection (f)— “(g) Fertility increase to FMAP.—Any State which has average fertility of two children per woman between the ages of 18 and 45 shall be eligible for an increase in FMAP by ten percentage points. “(h) Apportionment of funds.—Funds not to be distributed among the territories shall be apportioned among the States in order to provide for the needs of the children of United States citizens in accordance with the results of the latest Census, or if the United States Census Bureau failed to collect data on United States citizenship in the most recent census, by rescinding all funds to States which do not cooperate with Federal immigration enforcement.”. (b) Section 2105 of the Social Security Act is amended— (1) in subsection (h)(1)(A)(v) by inserting “and each subsequent fiscal year through 2039” after “2030”, (2) in subsection (h)(1)(B)(i) by striking “as of October 1, 2032,” and inserting “at the conclusion of any fiscal year for which such funds were allocated”, and (3) in subsection (h)(1)(B) clauses (ii), (iii), and (iv), by striking “2032” and inserting “2039”. Sec. 182. Aesthetic treatment under CHIP. (a) (b) (c) TITLE II—Revenues Subtitle A—Repeal and Replace of Health-Related Tax Policy Sec. 201. Taxes on certain insurance plans offering luxury coverage. (a) A new subchapter C is created under Chapter 34 of the Internal Revenue Code of 1986 which shall be titled “Taxes on certain insurance plans offering luxury coverage.” (b) Within subchapter C of Chapter 34 of the Internal Revenue Code of 1986, a new section 4378 shall be inserted as follows— “Sec. 4378. Tax on luxury health plans. “(a) Imposition of tax. In the case of any applicable luxury health plan for each plan year ending after September 30, 2027, there is hereby imposed a tax equal to 15% of that plan's premium levied as an additional fee on top of it, which shall be paid either by the purchaser or by the insurer on behalf of the purchaser. “(b) “Applicable luxury health plan” means any plans that provide coverage for— “(1) abortion, “(2) contraceptives and sterilizations, “(3) cosmetic surgery or other cosmetic treatments, “(4) treatments or tests for sexually transmitted diseases (including any medication or vaccine used to prevent sexually transmitted diseases), “(5) abortifacients, “(6) hormonal replacement therapy (when not used for treatment of a physical medical condition), “(7) medicines or treatments which are not scientifically proven to be effective, “(8) sex change surgery (including any child sexual mutilation as defined by section 2260B(d) of title 18, United States Code), “(9) marijuana or tobacco, “(10) anything that intentionally ends the life of a patient, “(11) assisted reproduction technology products and services including ovulation inductions and in vitro fertilizations, “(12) preparation and planning for any other item described here or in section 5892, “(13) hymen reconstruction or any other procedure intended to falsify or restore biological virginity, “(14) any drug or treatment which is unlawful, or “(15) preparation and planning for any other item described under this subsection, including any employment contract which includes any coverage for travel or other expenditure intended to avoid any law prohibiting any item described under this subsection. “(c) No person shall be interpreted as being under any legal obligation to purchase any applicable luxury health plan. “(d) Persons with applicable luxury health plans have the right to change their health plans in order to avoid paying the tax on applicable luxury health plans. “(e) This section shall not be interpreted as legalizing or decriminalizing anything prohibited by any Federal law or as preempting any State law, except as such State law may restrict out-of-State health insurance coverage. “(f) For the purposes of subsection (b), words and phrases shall have similar meanings to those assigned to such words and phrases by section 5892, and exceptions shall apply as treated by such section. “(g) There is hereby imposed, on each applicable luxury health plan issued by a foreign insurer or reinsurer who is a nonresident alien individual, foreign partnership, or foreign corporation, including all nonresident alien individuals, foreign partnerships, and foreign corporations which may be bound to fulfill the obligations related to such insurance, an additional tax of 20% of the cost of such applicable luxury health plan, as well as an additional $1000 per year. “(h) General rule. Every person engaged in business issuing or reissuing applicable luxury health plans or bound to fulfill obligations related to such plans shall pay a tax of $1,000 per year. Any corporation or other person may be charged any tax established by any provision of this section retroactively, provided that retroactive taxation is possible against such person. “(i) Penalty. Any person engaged in a business referred to in subsection (h) who willfully fails to pay a tax imposed by this section shall be fined not more than $10,000, or imprisoned not more than 4 years, or both, for each such offense, as well as either all due but unpaid taxes owed under this section if such violation was done either with knowledge of the tax avoided or subsequent to July 4, 2028 or ten percent of such unpaid taxes if such taxes are evaded without prior knowledge that they are owed.”. (c) Subsections (c), (d), and (e) of the section created by subsection (b) of this section shall go into effect immediately upon the enactment of this Act with retroactive effect. (d) Section 275(a) of such Code is amended by adding “Taxes imposed by sections by sections 4378 and 5892.”. Sec. 202. Corrective excise tax. (a) A new Chapter 56 is created under Subtitle E of the Internal Revenue Code of 1986 which is titled “Certain healthcare associated excise taxes”. (b) A new section 5892 is inserted as follows in such chapter of such subtitle of such Code: “Sec. 5892. Tax on applicable healthcare associated products. “(a) Imposition of tax. Applicable healthcare associated products are to be subject to a 15% sales tax, effective January 1, 2028. “(b) The following products and services shall be defined as “applicable healthcare associated products”— “(1) abortion including abortifacient substances, “(2) contraception (including sterilization) which do not involve either the complete removal of the testes or the removal of the uterus (or one or both ovaries) to treat or cure a medical condition, “(3) cosmetic surgery or other cosmetic treatments, “(4) treatments or tests for sexually transmitted diseases (including any medication or vaccine used to prevent sexually transmitted diseases), “(5) substances or products having any abortifacient or sterilizing effect or made using the cells of aborted members of the species homo sapiens designated or approved as "vaccines" as of January 2020 or any later date, “(6) hormonal replacement therapy (when not used for treatment of a physical medical condition), “(7) medicines or treatments which are unlawful, “(8) anything which intentionally ends the life of a patient, “(9) assisted reproductive technology products and services including ovulation inductions and in vitro fertilizations, “(10) sex change surgery (including any hormone-blocking substance or procedure not used to treat a physical medical condition, as well as all child sexual mutilation as defined by section 2260B(d) of title 18, United States Code), “(11) hymen reconstruction or any other procedure intended to falsify or restore biological virginity, and “(12) preparation and planning for any other item described under this subsection, including any employment contract which includes any coverage for travel or other expenditure intended to avoid any law prohibiting any item described under this subsection. “(c) For the purposes of subsection (b): “(1) The word “contraceptives” and phrase “assisted reproductive technology products and services” shall not include neither any application, calendar, or other means which assists one in using any method based on timing, especially in cases in which such means shall be useful for the beneficiary to conceive via sexual intercourse nor any removal of a contraceptive; “(2) The words “abortion” and “abortifacient substances” shall not include such cases where it shall be necessary to preserve the beneficiary's life; “(3) The phrase “cosmetic surgery or other cosmetic treatments” shall not include any surgery or treatment that is defined as “aesthetic treatment” by subsection (h), but shall otherwise include the use for cosmetic purposes of one or more prostheses, surgery, injection of a toxin or chemical (as defined by the Secretary of the Treasury), lasers, chemical peels, drugs, or any other procedure defined by the Secretary for the purpose of improving or altering a person's appearance or attractiveness or modifying the genitals of a person when not intending to treat a medical condition; “(4) The phrase “treatments or tests for sexually transmitted diseases” shall not include such cases where a disease was one not generally transmitted by a sexual act or when it may treat a woman at risk of ectopic pregnancy; and “(5) Any bundle including any applicable healthcare associated product or advertisement for an applicable healthcare associated product shall be considered an applicable healthcare associated product. “(d) In any case in which any applicable healthcare associated products are imported into the United States or performed or provided by a foreign person (including any non-United States business entity or non-United States citizen), the occupational and sales tax rates imposed by this section are doubled. “(e) Occupational tax. Every person engaged in business as a manufacturer, warehouse proprietor, importer, service provider, retailer, or other person who gains revenue from the business of applicable healthcare associated products shall pay a tax of $1,000 per year in respect of each premises at which such business is carried on. Any corporation or other person may be charged any tax established by any provision of this section retroactively, provided that retroactive taxation is possible against such person. “(f) Penalty. Any person engaged in a business referred to in subsection (e) who willfully fails to pay a tax imposed by subsection (a) or (e) shall be fined not more than $10,000, or imprisoned not more than 4 years, or both, for each such offense, as well as either all due but unpaid taxes owed under this section if such violation was done with knowledge of the tax avoided or ten percent of such unpaid taxes if such taxes are evaded without prior knowledge that they are owed. “(g) No force, legal or otherwise, may compel a person to purchase anything defined as an applicable healthcare associated product by this section. “(h) The phrase “aesthetic treatment” shall refer to a cosmetic surgery or treatment not subject to the tax established under section 5893 for— “(1) dental, maxillofacial, or orthodontal purposes; “(2) restoring or improving appearance after injury, disease, medical treatment, childbirth, or medically recognized condition which results in damage, disfiguration, deformation, or other adverse outcome to appearance; “(3) reducing excess fat, managing weight, or relocating fat to healthier areas of the body to promote physical health; “(4) rectifying physical underdevelopment of body parts, including but not limited to micropygia and micromastia; or “(5) restoring or improving symmetry in order to prevent, mitigate, or treat health issues linked to physical symmetry. “(i) “Micromastia” and “micropygia” shall be treated as defined by insurance provider or by physician, whichever is stricter.”. (c) Subsection (g) of the section created by subsection (b) of this section shall be interpreted as having immediate and retroactive effect. (d) Part IX of Subchapter B of Chapter 1 of the Internal Revenue Code of 1986 is amended by inserting a new section 270 after section 269B as follows: “Applicable healthcare associated products. No deduction shall be allowed for applicable luxury health plans or applicable healthcare associated products.”. Sec. 203. Small business tax credit. (a) In general.—Section 45R of the Internal Revenue Code of 1986 is amended as follows— “Sec. 45R. Small business health insurance credit. “(a) GENERAL CREDIT.—For purposes of section 38, in the case of an eligible small business under section (d), the small business health insurance credit determined under this section for any taxable year is the amount determined under subsection (b). “(b) CREDIT AMOUNT.—The amount determined with respect to any eligible small business shall be the aggregate amount of contributions the business made on behalf of its employees during the taxable year for qualified health plans offered by the employer to its employees, multiplied by— “(1) 50 percent in the case of a business with 25 or less employees, “(2) 35 percent in the case of a business with 26 to 50 employees, “(3) 20 percent in the case of a business with 51 to 75 employees, or “(4) 5 percent in the case of a business with 76 or more employees. “(c) DEFINITIONS.— “(1) ELIGIBLE SMALL BUSINESS.—The term ‘eligible small business’ means, with respect to any taxable year, an employer (including one which is exempt from taxation under section 501(a)) which offers fringe benefits including health insurance and which has 100 or less full-time equivalent employees. “(2) FULL-TIME EQUIVALENT EMPLOYEES.—The term ‘full-time equivalent employees’ means the total number of work-hours contributed by employees (excluding overtime hours) divided by 2080. “(3) QUALIFIED HEALTH PLAN.—The term ‘qualified health plan’ means a health insurance plan offered through a federally-authorized health insurance exchange which is not an applicable luxury health plan as defined by section 4378. “(d) EXPIRATION.—This section shall not apply with respect to amounts paid or incurred in taxable years beginning after December 31, 2035. “(e) REGULATIONS.—The Secretary shall, in consultation with any appropriate officials, prescribe such regulations as may be necessary to carry out the provisions of this section. “(e) ADULT CHILDREN.—Provided that a qualified health plan also provides coverage for dental and vision expenses for employees' family dependents who are between the ages of 19 and 26, any percent specified in subsection (b) shall be treated as five percent higher.”. (b) Conforming amendment.—Section 38(b)(31) of such Code is amended by striking “employer” and inserting “business”. (c) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2027. Sec. 204. Miscellaneous tax repeals. (a) Section 5000A of the Internal Revenue Code of 1986 is repealed. (b) Chapters 48 and 49 of such Code are repealed. (c) Section 9815 of such Code is repealed. (d) Section 4980H(c) of the Internal Revenue Code of 1986 is repealed. (e) Effective date.—The repeals made by this section shall apply to taxable years beginning after December 31, 2027. (f) Refunds.—No refund or credit shall be issued based on this section. Sec. 205. Bodily integrity protection. (a) In general.—A new section 5893 is inserted as follows in Chapter 56 of Subtitle E of the Internal Revenue Code of 1986 as follows: “Sec. 5893. Bodily integrity protection. “(a) Imposition of tax. Reductions (including removals) of the breasts and buttocks, reductions or removal of other primary or secondary sex-related characteristics including procedures and substances which by design reduce fertility (except if for medical emergency or necessity or with intent to restore or improve fertility afterward), modifications of the skeletal structure or removal or reduction of internal muscles or internal organs for purposes of reducing the size of the body for cosmetic, contraceptive, non-medical, transsexual, or any purposes except as defined by subsection (b) of this section, are to be subject to a 45% sales tax, effective January 1, 2028. “(b) Removal or replacement of breast implants shall not be considered a reduction under this section; likewise, no removal or reduction which is not considered an applicable healthcare associated product shall be subject to any tax imposed by this section. “(c) Payment of any tax on or related to applicable healthcare associated products shall not exempt any person from payment of the tax established under this section. “(d) In any case in which any such reductions are provided using products imported into the United States or performed or provided by a foreign person (including any non-United States business entity or non-United States citizen), the occupational and sales tax rates imposed by this section are doubled. “(e) Occupational tax. Every person engaged in business as a manufacturer, warehouse proprietor, importer, service provider, retailer, or other person who gains revenue from the business of such reductions shall pay a tax of $5,000 per year in respect of each premises at which such business is carried on. Any corporation or other person may be charged any tax established by any provision of this section retroactively, provided that retroactive taxation is possible against such person. “(f) Penalty. Any person engaged in a business referred to in subsection (e) who willfully fails to pay a tax imposed by subsection (a) or (e) shall be fined not more than $50,000, or imprisoned not more than 6 years, or both, for each such offense, as well as either all due but unpaid taxes owed under this section if such violation was done with knowledge of the tax avoided or ten percent of such unpaid taxes if such taxes are evaded without prior knowledge that they are owed. “(g) No force, legal or otherwise, may compel a person to purchase anything defined as an applicable healthcare associated product by this section. “(h) Any bundle including such reductions shall be considered an applicable healthcare associated product, except insofar as negligible numbers of fat cells may be transferred from one area of the body to another to prevent surgical complications when a sex change related procedure is not part of the bundle or package.”. (c) Immediate relief.—Subsection (g) of the section created by subsection (b) of this section shall be interpreted as having immediate and retroactive effect. Sec. 206. Reform of nonprofit CO-OP insurance. (a) In general.—Section 501(c)(29)(B) of the Internal Revenue Code of 1986 is amended— (1) In clause (iii), by striking “and,” (2) In clause (iv), by striking “.” and inserting “, and”, and (3) By inserting a new clause (v) as follows— “(v) the organization does not provide any applicable healthcare associated products as defined by section 5892 or issue any applicable luxury health plan as defined by section 4378.”. (b) Effective date.—The amendments made by subsection (a) of this section shall apply to taxable years beginning after December 31, 2027. Sec. 207. Reform of health savings accounts. (a) Increase in deductible HSA contribution limitations.—Section 223(b)(1) of such Code is amended as follows— “(1) The amount allowable as a deduction under subsection (a) to an individual for the taxable year shall not exceed the greater of— “(A) the sum of the monthly limitations for months during such taxable year that the individual is an eligible individual, or “(B) $10,000 ($20,000 in the case of a joint return).”. (b) Medicare eligible individuals eligible to contribute to HSA.—Section 223(b) of such Code is amended by striking paragraph (7). (c) Purchase of health insurance.—Section 223(d)(2) of such Code is amended— (1) by striking subparagraphs (B) and (C), (2) by redesignating (D) as (B), and (3) by inserting “(C) Applicable healthcare associated products.—Subparagraph (A) shall not apply to an amount paid by an account holder for any applicable healthcare associated products as defined by section 5892.” after (B). (d) Cost-of-Living adjustment for catchup contributions.—Section 223(f)(1) of such Code (as redesignated by subsection (g)(3)) is amended by striking “Each dollar amount in subsections (b)(2) and (c)(2)(A)” and inserting “In the case of a taxable year beginning after December 31, 2027, each dollar amount in paragraphs (1) and (2) of subsection (b)”. (e) Cost-of-Living adjustment indexed to CPI medical care component.—Section 223(f) (as so redesignated) is amended by adding at the end the following new paragraph: “(3) CPI MEDICAL CARE COMPONENT.— “(A) IN GENERAL.—For purposes of paragraph (1), the cost-of-living adjustment determined under section 1(f)(3) for the calendar year shall be determined by substituting ‘CPI medical care component’ for ‘CPI’. “(B) CPI MEDICAL CARE COMPONENT.—For purposes of subparagraph (A), the term ‘CPI medical care component’ means the medical care component for the Consumer Price Index for All Urban Consumers published by the Department of Labor.”. (f) HSAs.—Section 223(e)(4)(A) (as redesignated by subsection (g)(3)) of the Internal Revenue Code of 1986 is amended by striking “20 percent” and inserting “10 percent”. (g) Conforming amendments.— (1) Section 223(b) of such Code is amended by striking paragraphs (2), (5), and (8) and by redesignating paragraphs (3), (4), and (6) as paragraphs (2), (3), and (4), respectively. (2) Section 223(b)(3) of such Code (as redesignated by paragraph (1)) is amended by striking the last sentence. (3) Section 223 of such Code is amended by striking subsection (c) and redesignating subsections (d) through (h) as subsections (c) through (g), respectively. (4) Section 223(c)(1)(A) of such Code (as redesignated by paragraph (3)) is amended— (A) by striking “subsection (f)(5)” and inserting “subsection (e)(5)”; and (B) in clause (ii) by striking “the sum of—” and all that follows and inserting “the dollar amount in effect under subsection (b)(1).”. (5) Section 223(f)(1) (as redesignated by paragraph (3)) is amended by striking “calendar year 2003” and inserting “calendar year 2014”. (6) Section 26(b)(2)(U) of such Code is amended by striking “section 223(f)(4)” and inserting “section 223(e)(4)”. (7) Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(v), 4973(a)(5), and 6051(a)(12) of such Code are each amended by striking “section 223(d)” each place it appears and inserting “section 223(c)”. (8) Section 106(d)(1) of such Code is amended— (A) by striking “who is an eligible individual (as defined in section 223(c)(1))”; and (B) by striking “section 223(d)” and inserting “section 223(c)”. (9) Section 408(d)(9) of such Code is amended— (A) in subparagraph (A) by striking “who is an eligible individual (as defined in section 223(c)) and”; and (B) in subparagraph (C) by striking “computed on the basis of the type of coverage under the high deductible health plan covering the individual at the time of the qualified HSA funding distribution”. (10) Section 877A(g)(6) of such Code is amended by striking “223(f)(4)” and inserting “223(e)(4)”. (11) Section 4973(g) of such Code is amended— (A) by striking “section 223(d)” and inserting “section 223(c)”; (B) in paragraph (2), by striking “section 223(f)(2)” and inserting “section 223(e)(2)”; and (C) by striking “section 223(f)(3)” and inserting “section 223(e)(3)”. (12) Section 4975 of such Code is amended— (A) in subsection (c)(6)— (i) by striking “section 223(d)” and inserting “section 223(c)”; and (ii) by striking “section 223(e)(2)” and inserting “section 223(d)(2)”; and (B) in subsection (e)(1)(E), by striking “section 223(d)” and inserting “section 223(c)”. (13) Section 6693(a)(2)(C) of such Code is amended by striking “section 223(h)” and inserting “section 223(g)”. (14) Section 223(e)(5)(A) of such Code, as amended by section 2, is amended by inserting “or Medicare Advantage MSA” after “into a health savings account”. (h) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2027. (i) Archer MSAs.—Subparagraph (D) of section 220(d)(2) of the Internal Revenue Code of 1986 is created as follows— “(D) Applicable healthcare associated products.—Subparagraph (A) shall not apply to an amount paid by an account holder for any applicable healthcare associated products as defined by section 5892. However, subparagraph (A) shall apply to any amount paid by an account holder for any aesthetic treatments as defined under such section, except as any amounts paid may be to persons obliged to pay the occupational tax established under section 5893.”. (j) Health flexible spending arrangements and health reimbursement arrangements.—Section 106(f) of the Internal Revenue Code of 1986 is amended by inserting “, and all applicable healthcare associated products as defined by section 5892 shall not be treated as expenses incurred for medical care” after “medical care”. (k) Menstrual care products.—Subparagraph (D) of section 223(d)(2) is amended by inserting “, provided that such products do not damage the hymen and are not applicable healthcare associated products as defined by section 5892” after “secretions”. (l) Treatment of HSA after death of account beneficiary.—Section 223(f)(8) of the Internal Revenue Code of 1986 is amended to read as follows: “(8) Treatment of HSA after death of account beneficiary.—If an individual acquires an account beneficiary’s interest in a health savings account by reason of the death of the account beneficiary, such health savings account shall be treated as if the individual were the account beneficiary.”. (m) HSA rollover contribution.—Section 138(b)(2) of such Code of 1986 is amended by striking “or” at the end of subparagraph (A), by adding “or” at the end of subparagraph (C), and by adding at the end the following new subparagraph: “(C) an HSA rollover contribution described in subsection (d)(5),”. (n) Rollover contribution defined.—Section 138(c) of such Code is amended by adding at the end the following new paragraph: “(5) ROLLOVER CONTRIBUTION.—An amount is described in this paragraph as a rollover contribution if it meets the requirement of subparagraphs (A) and (B). “(A) IN GENERAL.—The requirements of this subparagraph are met in the case of an amount paid or distributed from a health savings to the account beneficiary to the extent the amount is received is paid into a Medicare Advantage MSA of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. “(B) LIMITATION.—This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a health savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a health savings account which was not includible in the individual’s gross income because of the application of section 223(e)(5)(A).”. (o) Subsection 223(f) of such Code, as amended, is further amended by adding at the end the following new paragraph: “(9) Contributions to child account.—A contribution to the health savings account of a child of a taxpayer shall be treated as a qualified medical expense, provided that such child has not attained the age of 27 at the beginning of such taxable year and no contribution made to such account shall exceed any limitations established by subsection (b) of this section.”. (p) Bankruptcy Protections.—Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: “(r) For purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code.”. (q) Medicare Advantage MSAs.— Sec. 208. Reform of Archer MSAs and flexible spending accounts. (a) Archer MSAs.—Section 220(f)(4)(A) of such Code is amended by striking “20 percent” and inserting “15 percent”. (b) Flexible spending accounts.—Section 125 of the Internal Revenue Code of 1986 is amended by striking subsection (i) and inserting the following— “(i) Limitation on health flexible spending arrangements.—Applicable healthcare associated products as defined by section 5892 and applicable luxury health plans as defined by section 4378 shall not be treated as qualified benefits.”. (c) Repeal of PPACA.—Section 125(f)(3) is repealed. (d) Effective date.—The amendments made by this section shall apply to distributions made after December 31, 2027. (e) Luxury expenditure.—Section 106(f) is amended as follows: “(f) Restriction on luxury expenditure. Expenses incurred for applicable healthcare associated products (as defined by section 5892) or applicable luxury health plans (as defined by section 4378) shall not be treated as medical expenses. However, subparagraph (A) shall apply to any amount paid by an account holder for any aesthetic treatments as defined under such section, except as any amounts paid may be to persons obliged to pay the occupational tax established under section 5893.” (f) Contributions Permitted If Spouse Has A Health Flexible Spending Account.—Section 223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking “and” at the end of clause (ii), by striking the period at the end of clause (iii) and inserting “, and”, and by inserting after clause (iii) the following new clause: “(iv) coverage under a health flexible spending arrangement of the spouse of the individual for any plan year of such arrangement if the aggregate reimbursements under such arrangement for such year do not exceed the aggregate expenses which would be eligible for reimbursement under such arrangement if such expenses were determined without regard to any expenses paid or incurred with respect to such individual.”. Sec. 209. Deduction for qualified charity care. (a) In general.—Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: “SEC. 199B. Qualified charity care. “(a) In general.—There shall be allowed as a deduction for the taxable year an amount equal to— “(1) in the case of a direct primary care physician, an amount equal to the sum of— “(A) the fee (as published on a publicly available website of such physician) for physicians’ services that are qualified charity care furnished by such taxpayer during such year, and “(B) for each visit by a patient to such physician during which qualified charity care is furnished, half of so much of the lowest subscription fee of such physician that is attributable to a month, and “(2) in the case of any other individual, the unreimbursed Medicare-based value of qualified charity care furnished by such taxpayer during such year. “(b) Definitions.—For purposes of this section: “(1) UNREIMBURSED MEDICARE-BASED VALUE.—The term ‘unreimbursed Medicare-based value’ means, with respect to physicians’ services, the amount payable for such services under the physician fee schedule established under section 1848 of the Social Security Act. “(2) QUALIFIED CHARITY CARE.—The term ‘qualified charity care’ means physicians’ services that are furnished— “(A) without expectation of reimbursement, and “(B) to an individual enrolled— “(i) under a State plan under title XIX of the Social Security Act (or a waiver of such plan), or “(ii) under a State child health plan under title XXI of the Social Security Act (or a waiver of such plan). “(3) DIRECT PRIMARY CARE PHYSICIAN.—The term ‘direct primary care physician’ means a physician (as defined in section 1861(r) of the Social Security Act) who provides primary care— “(A) to individuals who have paid a periodic subscription fee, and “(B) in exchange for a fee that is published on a publicly available website of such physician. “(4) PHYSICIANS’ SERVICES.—The term ‘physicians’ services’ has the meaning given such term by section 1861(q) of the Social Security Act. “(c) Limitation.—The amount allowed as a deduction under subsection (a) for a taxable year shall not exceed the gross receipts attributable to physicians’ services furnished by the taxpayer during the taxable year.”. (b) Clerical amendment.—The table of sections for part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: “Sec. 199B. Qualified charity care.”. Sec. 210. Establishment of a tax credit for medical infrastructure investment. (a) In general.—A new section 48D of the Internal Revenue Code of 1986 is created by inserting after section 38C of such Code the following— “Sec. 48D. Qualifying medical infrastructure investment “(a) For purposes of section 46, the qualifying medical infrastructure investment credit is an amount equal to 100 percent of the qualified investment for such taxable year. “(b) For purposes of subsection (a), the qualified investment for any taxable year is the basis of eligible property acquired, manufactured, constructed, reconstructed, erected, or maintained and declared as intended for medical purposes (including to serve as reserve infrastructure for mitigating surges in demand for healthcare services) excluding anything for which tax is owed pursuant to sections 5892 and 4378 of the Internal Revenue Code of 1976 or for the purpose of providing or issuing applicable healthcare associated products or applicable luxury health plans as provided by sections 5892 and 4378. “(c) Rules similar to section 48(a)(4) (without regard to subparagraph (D) thereof) and shall apply for purposes of this section. “(d) Beginning fiscal year 2035, the word “maintained” as used in this section does not include maintenance for items in active use during such taxable year qualified investments have been declared. “(e) For purposes of subsections (a) and (b), a qualified investment shall be treated as only including the expenses related to the acquisition, manufacturing, construction, reconstruction, erection, or maintenance of medical infrastructure. “(f) The word “acquired” does not include importation for purposes of this section, and the use of foreign labor or imported items for construction, manufacturing, acquisition, reconstruction, erection, or maintenance under this section shall not be considered qualifying under this section. “(g) Beginning fiscal year 2035, the amount defined by subsection (a) shall be treated as 20 percent of up to $20,000,000 worth of qualified investment for such taxable year. “(h) A “fitness facility” as defined by section 213 may be considered medical infrastructure for purposes of this section.”. (b) Secondary amendment.—Section 46 of the Internal Revenue Code of 1986 is amended by striking subsection (6) and inserting follows “(6) the qualifying medical infrastructure investment credit.”. (c) Effective date.—This section shall take effect for the first taxable year after its enactment into law. Sec. 211. Restoration of deduction for expenses allocable to Medicare part D subsidy. (a) In general.—Section 139A of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: “This section shall not be taken into account for purposes of determining whether any deduction is allowable with respect to any cost taken into account in determining such payment.”. (b) Effective date.—The amendment made by this section shall apply to taxable years beginning after December 31, 2027. Sec. 212. Reduction of income threshold for determining medical care deduction. (a) In general.—Subsection (a) of section 213 of the Internal Revenue Code of 1986 is amended by striking “10 percent” and inserting “5.8 percent”. (b) Restriction of use.—Section 213 of the Internal Revenue Code of 1986 is amended by striking paragraph (d)(9) and inserting the following— “(9) Amounts paid for luxury services not taken into account.—The term “medical care” does not include applicable healthcare associated products and applicable luxury health plans as defined by sections 5892 and 4378 of the Internal Revenue Code.”. (c) Extension of temporary special rule.—Section 213 of the Internal Revenue Code of 1986 is amended by striking the number “2027” in subsection (f) and inserting “2028”. (d) Dependents included.—Section 213 of the Internal Revenue Code of 1986 is amended by inserting “except as not allowable under a credit under section 21” after “medical care”. (e) Effective date.—The amendment made by this section shall apply to taxable years beginning after December 31, 2027. Sec. 213. Repeal of Medicare tax increase. (a) In general.—Subsection (b) of section 3101 of the Internal Revenue Code of 1986 is amended to read as follows— “(b) Hospital insurance.—In addition to the tax imposed by the preceding subsection, there is hereby imposed on the income of every individual a tax equal to 1.45 percent of the wages (as defined in section 3121(a)) received by such individual with respect to employment (as defined in section 3121(b)).”. (b) SECA.—Subsection (b) of section 1401 of the Internal Revenue Code of 1986 is amended to read as follows— “(b) Hospital insurance.—In addition to the tax imposed by the preceding subsection, there shall be imposed for each taxable year, on the self-employment income of every individual, a tax equal to 2.9 percent of the amount of the self-employment income for such taxable year.”. (c) Effective date.—The amendments made by this section shall apply with respect to remuneration received after, and taxable years beginning after, December 31, 2028. Sec. 214. Refundable tax credit for health insurance coverage. (a) In general.—Section 36B of the Internal Revenue Code of 1986 is amended to read as follows— “Sec. 36B. Refundable credit for coverage under a qualified health plan. “(a) Allowance of premium tax credit.—In the case of an individual, there shall be allowed as a credit against the tax imposed by this Subtitle for the taxable year the sum of the monthly credit amounts with respect to such taxpayer for calendar months during such taxable year which are eligible coverage months appropriately taken into account under subsection (b)(2) with respect to the taxpayer or any qualifying family member of the taxpayer. “(b) Monthly credit amounts.— “(1) IN GENERAL.—The monthly credit amount with respect to any taxpayer for any calendar month is the lesser of— “(A) the sum of the monthly limitation amounts determined under subsection (c) with respect to the taxpayer and the taxpayer’s qualifying family members for such month, or “(B) the amount paid for a qualified health plan for the taxpayer and the taxpayer’s qualifying family members for such month. “(2) ELIGIBLE COVERAGE MONTH REQUIREMENT.—No amount shall be taken into account under subparagraph (A) or (B) of paragraph (1) with respect to any individual for any month unless such month is an eligible coverage month with respect to such individual. “(c) Monthly limitation amounts.— “(1) IN GENERAL.—The monthly limitation amount with respect to any individual for any eligible coverage month during any taxable year is 1⁄12 of— “(A) $2,000 in the case of an individual who has not attained age 30 as of the beginning of such taxable year, “(B) $2,500 in the case of an individual who has attained age 30 but who has not attained age 40 as of such time, “(C) $3,000 in the case of an individual who has attained age 40 but who has not attained age 50 as of such time, “(D) $3,500 in the case of an individual who has attained age 50 but who has not attained age 60 as of such time, and “(E) $4,000 in the case of an individual who has attained age 60 as of such time. “(2) LIMITATION BASED ON MODIFIED ADJUSTED GROSS INCOME.—The credit allowed under subsection (a) with respect to any taxpayer for any taxable year shall be reduced (but not below zero) by 10 percent of the excess (if any) of— “(A) the taxpayer’s modified adjusted gross income for such taxable year, over “(B) $75,000 (twice such amount in the case of a joint return). “(3) AGGREGATE DOLLAR LIMITATION.—The sum of the monthly limitation amounts taken into account under this section with respect to any taxpayer for any taxable year shall not exceed $20,000. “(d) Eligible coverage month.—For purposes of this section, the term ‘eligible coverage month’ means, with respect to any individual, any month if, as of the first day of such month, the individual meets the following requirements: “(1) The individual is covered by a qualified health plan, including by being a qualifying family member. “(2) The individual is not eligible for coverage under a group health plan (within the meaning of section 5000(b)(1)) other than coverage under a plan substantially all of the coverage of which is of excepted benefits described in section 9832(c). “(3) The individual is either a citizen or national of the United States. “(4) The individual is not incarcerated, other than incarceration pending the disposition of charges. “(e) Qualifying family member.—For purposes of this section, the term ‘qualifying family member’ means— “(1) the taxpayer’s spouse, “(2) any dependent of the taxpayer, and “(3) with respect to any eligible coverage month, any child (as defined in section 152(f)(1)) of the taxpayer who as of the end of the taxable year has not attained age 27 if such child is covered for such month under a qualified health plan which also covers the taxpayer (in the case of a joint return, either spouse). “(f) Qualified health plan.—For purposes of this section, the term ‘qualified health plan’ means any health insurance coverage (as defined in section 9832(b)) if— “(1) such coverage is offered via a federally-authorized health insurance exchange, was offered prior to the establishment of the first federally-authorized health insurance exchange; “(2) substantially all of such coverage is not of excepted benefits described in section 9832(c); and “(3) such health plan is not an applicable luxury health plan as defined by section 4378 and such coverage does not include applicable healthcare associated products as defined by section 5892. “(g) Special rules.— “(1) MARRIED COUPLES MUST FILE JOINT RETURN.—If the taxpayer is married (within the meaning of section 7703) at the close of the taxable year, no credit shall be allowed under this section to such taxpayer unless such taxpayer and the taxpayer’s spouse file a joint return for such taxable year. “(2) COORDINATION WITH MEDICAL EXPENSE DEDUCTION.—Amounts described in subsection (b)(1)(B) with respect to any month shall not be taken into account in determining the deduction allowed under section 213 except to the extent that such amounts exceed the amount described in subsection (b)(1)(A) with respect to such month. “(3) COORDINATION WITH ADVANCE PAYMENTS OF CREDIT.—With respect to any taxable year— “(A) the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer for months beginning in such taxable year, and “(B) the tax imposed by section 1 for such taxable year shall be increased by the excess (if any) of— “(i) the aggregate amount paid on behalf of such taxpayer under such section 1412 for months beginning in such taxable year, over “(ii) the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a). “(4) SPECIAL RULES FOR QUALIFIED SMALL EMPLOYER HEALTH REIMBURSEMENT ARRANGEMENTS.— “(A) IN GENERAL.—If the taxpayer or any qualifying family member of the taxpayer is provided a qualified small employer health reimbursement arrangement for an eligible coverage month, the sum determined under subsection (b)(1)(A) with respect to the taxpayer shall be reduced (but not below zero) by 1⁄12 of the permitted benefit (as defined in section 9831(d)(3)(C)) under such arrangement for each such month such arrangement is provided to such taxpayer. “(B) QUALIFIED SMALL EMPLOYER HEALTH REIMBURSEMENT ARRANGEMENT.—For purposes of this paragraph, the term ‘qualified small employer health reimbursement arrangement’ has the meaning given such term by section 9831(d)(2). “(C) COVERAGE FOR LESS THAN ENTIRE YEAR.—In the case of an employee who is provided a qualified small employer health reimbursement arrangement for less than an entire year, subparagraph (A) shall be applied by substituting ‘the number of months during the year for which such arrangement was provided’ for ‘12’. “(5) INFLATION ADJUSTMENT.— “(A) IN GENERAL.—In the case of any taxable year beginning in a calendar year after 2020, each dollar amount in subsection (c)(1), the $75,000 amount in subsection (c)(2)(B), and the dollar amount in subsection (c)(3)(A), shall be increased by an amount equal to— “(i) such dollar amount, multiplied by “(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined— “(I) by substituting ‘calendar year 2027’ for ‘calendar year 1992’ in subparagraph (B) thereof, and “(II) by substituting for the CPI referred to section 1(f)(3)(A) the amount that such CPI would have been if the annual percentage increase in CPI with respect to each year after 2019 had been one percentage point greater. “(B) TERMS RELATED TO CPI.— “(i) ANNUAL PERCENTAGE INCREASE.—For purposes of subparagraph (A)(ii)(II), the term ‘annual percentage increase’ means the percentage (if any) by which CPI for any year exceeds CPI for the prior year. “(ii) OTHER TERMS.—Terms used in this paragraph which are also used in section 1(f)(3) shall have the same meanings as when used in such section. “(C) ROUNDING.—Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $50. “(6) RULES RELATED TO STATE CERTIFICATION OF QUALIFIED HEALTH PLANS.—A certification shall not be taken into account under subsection (d)(1) unless such certification is made available to the public and meets such other requirements as the Secretary may provide. “(7) REGULATIONS.—The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section and ensure that monthly advance payments of this credit may be issued and excess payments of this credit may be recaptured.” “(h) Excess Credit May Be Deposited Into A Health Savings Account.— “(1) IN GENERAL.—If the amount described in subparagraph (B) of subsection (b)(2) exceeds the amount described in subparagraph (A) of such subsection with respect to any coverage month and an election under paragraph (2) is in effect with respect to the applicable taxpayer, the Secretary shall deposit such excess into a health savings account of such taxpayer. “(2) ELECTION TO DEPOSIT EXCESS CREDIT INTO A HEALTH SAVINGS ACCOUNT.—A taxpayer may elect (at such time and in such manner as the Secretary may provide) to have the Secretary deposit the excess described in paragraph (1) into a health savings account of the taxpayer. Any such election shall only be treated as being in effect if the taxpayer provides the Secretary with such information as the Secretary may require to allow the Secretary to make such deposit. “(3) COORDINATION WITH HEALTH SAVINGS ACCOUNT RULES.—Any amount deposited in a health savings account by the Secretary under this subsection shall— “(A) be includible in the gross income of the applicable taxpayer, and “(B) be taken into account as an amount paid to such account for purposes of this section. “(4) TREATMENT OF DEPOSITS.—For purposes of section 1324 of title 31, United States Code, any deposit made under this subsection shall be treated as a credit allowed under this section.”. (b) Increased penalty on erroneous claims of credit.—Section 6676(a) of the Internal Revenue Code of 1986 is amended by inserting “(25 percent in the case of a claim for refund or credit relating to the health insurance coverage credit under section 36B)”. (c) Reporting by employers.—Section 6051(a) of such Code is amended by striking “and” at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting “, and”, and by inserting after paragraph (15) the following new paragraph: “(16) each month with respect to which the employee is eligible for coverage described in section 36B(d)(2) in connection with employment with the employer.”. (d) Coordination with other tax benefits.— (1) CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE INDIVIDUALS.—Section 35(g) of such Code is amended by— (i) adding at the end the following new paragraph: “(14) COORDINATION WITH HEALTH INSURANCE COVERAGE CREDIT.— “(A) IN GENERAL.—An eligible coverage month to which the election under paragraph (11) applies shall not be treated as an eligible coverage month (as defined in section 36B(d)) for purposes of section 36B with respect to the taxpayer or any of the taxpayer’s qualifying family members (as defined in section 36B(e)). “(B) COORDINATION WITH ADVANCE PAYMENTS OF HEALTH INSURANCE COVERAGE CREDIT.—In the case of a taxpayer who makes the election under paragraph (11) with respect to any eligible coverage month in a taxable year or on behalf of whom any advance payment is made under section 7527 with respect to any month in such taxable year— “(i) the tax imposed by this chapter for the taxable year shall be increased by the excess, if any, of— “(I) the sum of any advance payments made on behalf of the taxpayer to pay for a qualified health plan, over “(II) the sum of the credits allowed under this section (determined without regard to paragraph (1)) and section 36B (determined without regard to subsection (g)(4)(A) thereof) for such taxable year, and “(ii) section 36B(g)(4)(B) shall not apply with respect to such taxpayer for such taxable year.”, and (ii) by striking “under section 1412 of the Patient Protection and Affordable Care Act and section 7527 for months during such taxable year” and inserting “under section 36B”. (2) TRADE OR BUSINESS DEDUCTION.—Section 162(l) of such Code is amended by adding at the end the following new paragraph: “(6) COORDINATION WITH HEALTH INSURANCE COVERAGE CREDIT.—The deduction otherwise allowable to a taxpayer under paragraph (1) for any taxable year shall be reduced (but not below zero) by the amount of the credit allowable to such taxpayer under section 36B (determined without regard to subsection (g)(4)(A) thereof) for such taxable year.”. (3) QUALIFIED HEALTH INSURANCE DEFINITION.—Section 35(e)(1)(J) of such Code is amended by striking “(other than coverage enrolled in through an Exchange established under the Patient Protection and Affordable Care Act)”. (4) COVERED HEALTH INSURANCE PROVIDER DEFINITION.—Section 162(m)(6)(C)(i) is amended as follows— “(i) The term “covered health insurance provider” means any employer which is a health insurance issuer (as defined in section 9832(b)(2)) and which receives premiums from providing health insurance coverage (as defined in section 9832(b)(1)).” (e) Effective date.—The amendments made by this section shall apply to months beginning after December 31, 2027, in taxable years ending after such date. The Internal Revenue Service may, during the first subsequent fiscal year, make transitional exceptions to permit continued use of the credit by currently-eligible taxpayers. Sec. 215. Maximum contribution limit to health savings account increased to amount of deductible and out-of-pocket limitation. (a) Self-Only coverage.—Section 223(b)(2)(A) of the Internal Revenue Code of 1986 is amended by striking “$2,250” and inserting “the amount in effect under subsection (c)(2)(A)(ii)(I)”. (b) Family coverage.—Section 223(b)(2)(B) of such Code is amended by striking “$4,500” and inserting “the amount in effect under subsection (c)(2)(A)(ii)(II)”. (c) Conforming amendments.—Section 223(g)(1) of such Code is amended— (1) by striking “subsections (b)(2) and” both places it appears and inserting “subsection”, and (2) in subparagraph (B), by striking “determined by” and all that follows through “ ‘calendar year 2003’.” and inserting “determined by substituting ‘calendar year 2003’ for ‘calendar year 1992’ in subparagraph (B) thereof.”. (d) Child coverage.—Section 223(c)(2)(A)(ii)(II) is amended by inserting “with $500 added for each child covered” after “subclause (I)”. (e) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2027. Sec. 216. Allow both spouses to make catch-up contributions to the same health savings account. (a) In general.—Section 223(b)(5) of the Internal Revenue Code of 1986 is amended to read as follows— “(5) SPECIAL RULE FOR MARRIED INDIVIDUALS WITH FAMILY COVERAGE.— “(A) IN GENERAL.—In the case of individuals who are married to each other, if both spouses are eligible individuals and either spouse has family coverage under a high deductible health plan as of the first day of any month— “(i) the limitation under paragraph (1) shall be applied by not taking into account any other high deductible health plan coverage of either spouse (and if such spouses both have family coverage under separate high deductible health plans, only one such coverage shall be taken into account), “(ii) such limitation (after application of clause (i)) shall be reduced by the aggregate amount paid to Archer MSAs of such spouses for the taxable year, and “(iii) such limitation (after application of clauses (i) and (ii)) shall be divided equally between such spouses unless they agree on a different division. “(B) TREATMENT OF ADDITIONAL CONTRIBUTION AMOUNTS.—If both spouses referred to in subparagraph (A) have attained age 55 before the close of the taxable year, the limitation referred to in subparagraph (A)(iii) which is subject to division between the spouses shall include the additional contribution amounts determined under paragraph (3) for both spouses. In any other case, any additional contribution amount determined under paragraph (3) shall not be taken into account under subparagraph (A)(iii) and shall not be subject to division between the spouses.”. (b) Effective date.—The amendment made by this section shall apply to taxable years beginning after December 31, 2027. Sec. 217. Special rule for certain medical expenses incurred before establishment of health savings account. (a) In general.—Section 223(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: “(D) TREATMENT OF CERTAIN MEDICAL EXPENSES INCURRED BEFORE ESTABLISHMENT OF ACCOUNT.—If a health savings account is established during the 60-day period beginning on the date that coverage of the account beneficiary under a high deductible health plan begins, then, solely for purposes of determining whether an amount paid is used for a qualified medical expense, such account shall be treated as having been established on the date that such coverage begins.”. (b) Effective date.—The amendment made by this section shall apply with respect to coverage beginning after December 31, 2027. Sec. 218. Expansion of medical expense deduction. (a) Exercise expenses.—Subsection (d) of section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraphs: “(12) EXERCISE EQUIPMENT AND PHYSICAL FITNESS ACTIVITY.— “(A) IN GENERAL.—The term ‘medical care’ shall include amounts paid— “(i) for equipment for use in a program (including a self-directed program) of physical exercise or physical activity, “(ii) to participate, or receive instruction (including videos, books, and similar materials), in a program of physical exercise, nutrition, or health coaching (including a self-directed program), and “(iii) for membership at a fitness facility. “(B) OVERALL DOLLAR LIMITATION.— “(i) IN GENERAL.—Amounts treated as medical care under subparagraph (A) shall not exceed $1,200 with respect to any individual for any taxable year. “(ii) EXCEPTION.—Clause (i) shall not apply for purposes of determining whether expenses reimbursed through a health flexible spending arrangement subject to section 125(i)(1) are incurred for medical care. “(C) LIMITATIONS RELATED TO SPORTS AND FITNESS EQUIPMENT.—Amounts paid for equipment described in subparagraph (A)(i) shall be treated as medical care only— “(i) if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity programs, “(ii) if such equipment is not apparel or footwear, and “(iii) in the case of any item of sports equipment (other than exercise equipment), to the extent the amount paid for such item does not exceed $400. “(D) FITNESS FACILITY.—For purposes of subparagraph (A)(iii), the term ‘fitness facility’ means a facility— “(i) which provides instruction in a program of physical exercise, offers facilities for the preservation, maintenance, or development of physical fitness, or serves as the site of such a program of a State or local government, “(ii) which is not a private club owned and operated by its members, “(iii) which does not offer golf, hunting, sailing, or riding facilities, “(iv) whose health or fitness facility is not incidental to its overall function and purpose, and “(v) which provides exercise equipment for use by members. “(13) NUTRITIONAL AND DIETARY SUPPLEMENTS.— “(A) IN GENERAL.—The term ‘medical care’ shall include amounts paid to purchase herbs, vitamins, minerals, ketogenic foods and products, meal replacement products, and other dietary and nutritional supplements. “(B) LIMITATION.—Amounts treated as medical care under subparagraph (A) shall not exceed $2,000 with respect to any individual for any taxable year. “(C) MEAL REPLACEMENT PRODUCT.—For purposes of this paragraph, the term ‘meal replacement product’ means any product that— “(i) is permitted to bear labeling making a claim described in section 403(r)(3) of the Federal Food, Drug, and Cosmetic Act, and “(ii) is permitted to claim under such section that such product is low in fat and is a good source of protein, fiber, and multiple essential vitamins and minerals. “(14) PERIODIC PROVIDER FEES.—The term ‘medical care’ shall include— “(A) periodic fees paid to a primary care physician for a defined set of medical services or the right to receive medical services on an as-needed basis, and “(B) pre-paid primary care services designed to screen for, diagnose, cure, mitigate, treat, or prevent disease and promote wellness. “(15) TREATMENT OF CAPITATED PRIMARY CARE PAYMENTS.—Capitated primary care payments shall be treated as amounts paid for medical care. “(16) MENSTRUAL CARE PRODUCTS.—The term ‘medical care’ shall include products as defined by section 223(d)(2)(D). “(17) AESTHETIC TREATMENTS.—The term ‘medical care’ shall include aesthetic treatments as defined by section 5892(h).”. (b) Cosmetic surgery definition.—Section (d)(9)(B) of section 213 of the Internal Revenue Code is amended by inserting “, except aesthetic treatments as defined by section 5892(h)” before the ending period. (c) Effective Date.—The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. Subtitle B—Repeal and Replace of Certain Consumer Taxes Sec. 221. Repeal of tax on prescription medications. Section 9008 of the Patient Protection and Affordable Care Act is repealed effective for the first fiscal year beginning after this Act enters into force. Sec. 222. Imposition of excise tax on certain health-damaging consumer products. (a) In general.—Chapter 49 of the Internal Revenue Code of 1986 is amended as follows: “Subchapter E—Excise Tax on Health-Damaging Consumer Products “Sec. 5000B. Imposition of tax. “§ 5000B. Imposition of tax “(a) General rule.—There is hereby imposed on the sale of any taxable health-damaging product by the manufacturer, producer, or importer thereof a tax equal to 10 percent of the price for which so sold. “(b) Liability.—The tax imposed by this section shall be paid by the manufacturer, producer, or importer. “(c) Deposit of revenues.—All amounts collected under this section shall be deposited into the general fund of the Treasury and shall be available for appropriation to fund public health awareness campaigns and preventive health programs related to the risks associated with taxable health-damaging products. “(d) Regulations.—The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this subchapter, including rules for recordkeeping, returns, and prevention of evasion. “(e) Definitions.—For purposes of this section— “(1) Taxable health-damaging product.—The term 'taxable health-damaging product' means any product described in paragraph (2), (3), (4), (5), (6), (7), (8), or (9). “(2) Hair relaxers and chemical straighteners.—The term 'hair relaxers and chemical straighteners' means any cosmetic product intended for use on human hair that contains formaldehyde, parabens, sodium hydroxide, guanidine hydroxide, ammonium thioglycolate, or other chemicals designed to alter the natural curl or texture of hair through chemical processes, excluding products labeled solely for temporary styling without permanent chemical alteration. “(3) Skin lightening or brightening creams.—The term 'skin lightening or brightening creams' means any topical cosmetic product intended to reduce melanin production or lighten skin tone that contains hydroquinone, mercury, corticosteroids, or kojic acid in concentrations exceeding 1 percent, excluding products prescribed by a licensed physician for medical treatment of hyperpigmentation disorders. “(4) High-use lotions and body oils with phthalates.—The term 'high-use lotions and body oils with phthalates' means any moisturizing lotion, cream, or oil intended for daily application to the body that contains diethyl phthalate (DEP), dibutyl phthalate (DBP), or other phthalate compounds in concentrations exceeding 0.1 percent, excluding products certified as phthalate-free by the manufacturer. “(5) Skin whitening or fairness creams.—The term 'skin whitening or fairness creams' means any topical cosmetic product marketed for achieving a lighter or more even skin tone that contains mercury, hydroquinone in concentrations exceeding 2 percent, or topical steroids, excluding sunscreens or products for treating clinically diagnosed skin conditions. “(6) Multi-purpose cosmetics with fragrances or parabens.—The term 'multi-purpose cosmetics with fragrances or parabens' means any makeup, lotion, or personal care product containing synthetic fragrances, methylparaben, propylparaben, or butylparaben in concentrations exceeding 0.4 percent, excluding fragrance-free or paraben-free certified products. “(7) Hair pomades, edge controls, and styling gels with parabens or petrolatum.—The term 'hair pomades, edge controls, and styling gels with parabens or petrolatum' means any semi-solid or gel-based hair product intended for smoothing, laying edges, or styling textured hair that contains methylparaben, propylparaben, butylparaben in concentrations exceeding 0.4 percent, or petrolatum/mineral oil derivatives exceeding 10 percent, excluding water-based gels without these additives. “(8) Body mists, perfumes, and colognes with high alcohol and phthalates.—The term 'body mists, perfumes, and colognes with high alcohol and phthalates' means any scented spray or liquid fragrance product intended for body application that contains denatured alcohol exceeding 50 percent by volume or phthalate compounds (such as DEP) exceeding 0.1 percent, excluding essential oil-based products without synthetic stabilizers. “(9) Lip products and glosses with lead or synthetic dyes.—The term 'lip products and glosses with lead or synthetic dyes' means any lipstick, balm, or gloss intended for lip application that contains lead exceeding 0.1 parts per million or synthetic dyes such as FD&C Red No. 40 or Yellow No. 5 in concentrations exceeding 1 percent, excluding natural pigment-based products certified lead-free. “(10) Synthetic hair extensions and weaves with plasticizers.—The term 'synthetic hair extensions and weaves with plasticizers' means any artificial hair product intended for attachment to natural hair that contains phthalates, PVC, or other plasticizers exceeding 0.1 percent, excluding human hair products without synthetic additives.”. (b) Clerical amendment.—The table of chapters for subtitle D of such Code is amended by adding at the end the following new item: "Subchapter E—Excise Tax on Health-Damaging Consumer Products.". (c) Effective date.—The amendments made by this section shall be effective for the first fiscal year beginning after this Act enters into force. Subtitle C—Childcare-related provisions. Sec. 231. Encouragement of adoption of domestic orphans. (a) Special rules for foreign adoptions.—Section 23(e) of the Internal Revenue Code of 1986 is amended to read as follows— “(e) Special rules for foreign adoptions In the case of an adoption of a child who is not a citizen of the United States, subsection (a) shall not apply to any qualified adoption expense with respect to such adoption.” (b) Income limitation.—Section 23(b)(2) of such Code is amended by inserting the following subparagraph at the end— “(C) Suspension of income limitation For each taxable year from 2028 to 2033, the limitations established by this paragraph shall not apply.” (c) Special needs.—Section 23(d)(3) of such Code is amended to read as follows— “(3) Child with special needs The term “child with special needs” means any child if such child is a natural-born United States citizen and has a non-treatable disability which will hinder gainful employment for such child.” (d) Effective date.—The amendment made by this section shall apply to taxable years beginning after December 31, 2027. Sec. 232. Child tax deduction. (a) Definition of qualifying child.—Section 24(c)(1) of the Internal Revenue Code of 1986 is amended to strike “17” and insert “18”. (b) Special needs children.—Section 24(i) of the Internal Revenue Code of 1986 is amended to read as follows— “(i) Special increase for special-needs children In the case that a qualifying child is also a child with special needs as defined by section 23, any relevant amounts defined under this section should be treated as doubled.” (c) Special credit.—Section 24(k) of the Internal Revenue Code of 1986 is amended to read as follows— “(k) Special credit for treatment of developmental disability In the case that a qualifying child has autism or any other developmental disability or disorder, there shall be allowed an additional credit against the tax imposed by this chapter for the taxable year with respect to each qualifying child of the taxpayer for which the taxpayer is allowed a deduction under section 151 an amount up to or equal to $1,000 for the treatment of such developmental disability or disorder.” Subtitle D—Remuneration From Certain Insurers Sec. 241. Remuneration from certain insurers. Paragraph (6) of section 162(m) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: “(I) TERMINATION.—This paragraph shall not apply to taxable years beginning after December 31, 2027.”. Subtitle E—Repeal and Replace of Net Investment Income Tax Sec. 251. Repeal of net investment income tax. (a) Exemption of tax.—Section 1411(e)(1) of the Internal Revenue Code of 1986 is amended as follows: “(1) A United States citizen or a corporation the shares of which are majority owned by United States citizens, or”. (b) Increase on remaining taxpayers.—Title 26 subsection 1411(a)(1) is amended to strike "a tax equal to 3.8 percent" and insert "a tax equal to 4 percent" (c) Complete repeal of certain aspects.—Title 26 subsection 1411(a)(2) is struck. (d) Title 26 subsection 1411(b) shall be amended as follows: “(b) Threshold amount.—For purposes of this chapter, the term “threshold amount” means— (1) in the case of a taxpayer making a joint return under section 6013 or a surviving spouse (as defined in section 2(a)), $400,000, and (2) in any other case, $200,000.” (e) Effective date.—The amendment made by this section shall apply to taxable years beginning after December 31, 2026. Sec. 252. Adjustment of golden parachute tax. (a) In general.—Section 4999 of the Internal Revenue Code of 1986 is amended by striking “20” and inserting “50”. (b) Enforcement.—Section 280G(a) of the Internal Revenue Code of 1986 is amended by inserting “or any tax, fee, fine, or other amount paid on or as a result of such payment” after “parachute payment”. (b) Effective date.—The amendment made by this section shall apply to taxable years beginning after December 31, 2026. Sec. 253. Ending foreign windfall exemption to FICA and SECA. (a) In general.—Section 3101(c) of the Internal Revenue Code of 1986 is amended by inserting “This subsection shall only apply to the extent that such wages are transferred for use in the social security system of such foreign country, and shall not provide any exemption to the rates established by this section. Any excess collections accrued as a result of such foreign country having a lower social security tax rate than the United States shall be deposited into the Social Security Trust Fund.” at the end. (b) Effective date.—The amendment made by this section shall apply to taxable years beginning after December 31, 2022 with respect to wages paid by corporations, and to taxable years after December 31, 2025 for individuals. TITLE III—Abortion and Contraception Subtitle A—Regulation of abortion. Sec. 301. All humans considered human. Section 8 of Chapter 1 of Title 1, United States Code is amended by inserting “or unborn (including any child in utero)” after “born alive”. Sec. 302. Executive overreach control regarding abortion. No Federal funds may be used for— (1) the HHS Reproductive Healthcare Access Task Force, which is hereby forever abolished and prohibited; or (2) any successor or substantially similar task force. Sec. 303. Diplomatic provisions. Chapter 117 of title 18, United States Code, is amended by inserting after section 2428 the following: “§2429. Department of State mandated to take action “(a) Recognition of foreign actions.—Any foreign government performing abortions or allowing abortions to be performed that would otherwise be illegal if performed in the United States shall be regarded as engaging in the unlawful execution of American citizens without due process. “(b) Department of State action.—The United States Department of State is authorized to prepare sanctions and other diplomatic consequences for such actions against American unborn children. “(c) Delegated authority.—The President of the United States and the Department of State are mandated to take necessary measures to ensure that the United States has sufficient capability to take action under this section, including to reallocate funds within the Department of State and if necessary authorize action by other Federal agencies when an activity is not best suited for the Department of State and collaborate with State, tribal, and local governments to enforce this section. “(d) Communications with foreign governments.—The President of the United States and the Department of State are mandated to communicate to foreign governments with information regarding when they should not allow American citizens to procure abortions. Sec. 304. Import and export regulation to prevent ectopic pregnancies. Section 801 of the Federal Food, Drug, and Cosmetic Act is amended by inserting after subsection (u) the following: “(v) Prohibition of imports and exports of drugs, substances, and devices causing ectopic pregnancies.—The Secretary shall prohibit the import and export of any drug, substance, or device that is found to be correlated to an increased risk in ectopic pregnancy. Exceptions may be made for lifesaving medical treatments and alcohol and tobacco products, provided appropriate regulation for risk-mitigation and labeling is enforced. Sec. 305. Abortifacient contraceptive regulation. (a) Section 505(v) of the Federal Food, Drug, and Cosmetic Act is amended as follows: “(v) Special standards for contraceptives.—No contraceptive shall be approved under this section, and any approval for such a contraceptive shall be withdrawn, if such contraceptive— “(1) increases the risk of ectopic pregnancy, complication of pregnancy, miscarriage, any condition that would result in damage to the reproductive system, or any condition which would in a reasonable medical judgment require treatment by salpingectomy or any other procedure which damages the reproductive system; “(2) causes depression, weight gain, or any other serious long-term mental or physical health problem; “(3) can be utilized as an abortifacient drug in proper dosage or increased dosage; or “(4) increases the risk of breast cancer or any other potentially fatal physical condition.”. (b) Section 201 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following new subsection (ss) as follows: “(ss) The term “contraceptive” refers to anything which is intended to prevent the conception of human children.”. (c) Section 516 of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end the following new subsection (c) as follows: “(c) Special rule.—Whenever the Secretary finds, on the basis of all available data and information, that a contraceptive device— “(1) increases the risk of ectopic pregnancy, complication of pregnancy, miscarriage, any condition that would result in damage to the reproductive system, or any condition which would in a reasonable medical judgment require treatment by salpingectomy or any other procedure which damages the reproductive system; “(2) causes depression, weight gain, or any other serious long-term mental or physical health problem; or “(3) increases the risk of breast cancer or any other potentially fatal physical condition; “the Secretary may initiate a proceeding to promulgate a regulation to make such device a banned device.”. (d) Chapter VII of the Federal Food, Drug, and Cosmetic Act is amended by adding at the end of subchapter C the following: “Part 11—Fees relating to contraceptives. “Sec. 744O. Beginning in fiscal year 2028, the Secretary shall assess and collect fees from each person who submits an application to the Secretary for a contraceptive as needed to reflect the workload for the process for the review of contraceptives.”. (e) Neither this section nor any amendment made by it shall be interpreted as— (1) providing any immunity to any person in any civil or criminal action; (2) providing that, absent a regulation, rejection, or withdrawal issued by the Secretary, any contraceptive does not fulfill the conditions necessary for the rejection, withdrawal of approval, or issuance of a regulation to make a contraceptive a banned device; (3) providing that any contraceptive is safe to use or exempt from labeling requirements; (4) prohibiting the Secretary from rejecting any application for approval, withdrawing any approval, or issuing a regulation to make a contraceptive a banned device under general rules; or (5) permitting any ordinance or regulation which would reduce the need for transparency of the drawbacks of contraceptives. Sec. 306. Control of abortifacient drugs. Section 802 of Chapter 13 of title 21, United States Code is amended by adding at the end the following: “(59) The term “abuse” means— “any use of which could be addictive, abortifacient (to the child of a patient), or otherwise harmful to a patient.” Sec. 307. Enhancement of Criminal Penalties. (a) Civilian justice system.—Section 1841 of Title 18 of the United States Code is amended by— (1) striking subparagraph (a)(2)(D), (2) inserting “any Federal law, including” after “violates”, and (3) striking paragraphs (c)(1), (c)(2), and (c)(3) and inserting “of any act which is a constitutionally protected right.” (b) Military justice system.—Section 919a of Title 10 of the United States Code is amended by— (1) striking paragraph (a)(4), (2) striking “other than” and inserting “including”, and (3) striking paragraphs (c)(1), (c)(2), and (c)(3) and inserting “of any act which is a constitutionally protected right.” Sec. 308. Prohibition of anti-fetal hate crimes. (a) Discrimination by abortion against an unborn child on the basis of Down syndrome or other conditions prohibited.—Chapter 13 of title 18, United States Code, is amended by adding at the end the following: “§ 250. Discrimination by abortion against an unborn child on the basis of Down syndrome or other conditions prohibited “(a) Definitions.—In this section: “(1) DOWN SYNDROME.—The term ‘Down syndrome’ means a chromosomal disorder associated with— “(A) an extra copy of the chromosome 21, in whole or in part; or “(B) an effective trisomy for chromosome 21. “(b) Offense.—It shall be unlawful to— “(1) perform an abortion— “(A) with the knowledge that a pregnant woman is seeking an abortion, in whole or in part, on the basis of— “(i) a test result indicating that the unborn child has Down syndrome or another medical condition; “(ii) a prenatal diagnosis that the unborn child has Down syndrome or another medical condition; or “(iii) any other reason to believe that the unborn child has or may have Down syndrome or another medical condition; or “(B) without first— “(i) asking the pregnant woman if she is aware of any test results, prenatal diagnosis, or any other evidence that the unborn child has or may have Down syndrome or any other specific medical condition indicated, diagnosed, or otherwise reasoned to be associated to the unborn child; and “(ii) if the woman is aware that the unborn child has or may have Down syndrome or another medical condition, informing the pregnant woman of the prohibitions on abortion under this section; “(2) use force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing an abortion described in paragraph (1)(A); “(3) solicit or accept funds for the performance of an abortion described in paragraph (1)(A); or “(4) knowingly transport a woman into the United States or across a State line for the purpose of obtaining an abortion described in paragraph (1)(A). “(c) Criminal penalty.—Any person that violates, or attempts to violate, subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. “(d) Civil remedies.— “(1) CIVIL ACTION BY WOMAN ON WHOM ABORTION IS PERFORMED.—A woman upon whom an abortion has been performed or attempted in violation of subsection (b)(2) may bring a civil action in an appropriate court against any person who engaged in a violation of subsection (b)(2) to obtain appropriate relief. “(2) CIVIL ACTION BY RELATIVES.— “(A) IN GENERAL.—Except as provided in subparagraph (B), the father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection (b), or a maternal grandparent of the unborn child if the pregnant woman is an unemancipated minor, may bring a civil action in an appropriate court against any person who engaged in the violation to obtain appropriate relief. “(B) EXCEPTIONS.—Subparagraph (A) shall not apply if— “(i) the pregnancy or abortion resulted from the criminal conduct of the plaintiff described in subparagraph (A); or “(ii) the plaintiff described in subparagraph (A) consented to the abortion. “(3) APPROPRIATE RELIEF.—Appropriate relief in a civil action under this subsection includes— “(A) objectively verifiable money damages for all injuries, psychological and physical, including loss of companionship and support, occasioned by the violation of this section; and “(B) punitive damages. “(4) INJUNCTIVE RELIEF.—A qualified plaintiff may bring a civil action in an appropriate court to obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. “(5) ATTORNEY’S FEES FOR PLAINTIFF.—The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. “(e) Bar to prosecution.—A woman upon whom an abortion is performed may not be prosecuted or held civilly liable for any violation of this section or for a conspiracy to violate this section. “(f) Loss of Federal funding.—A violation of subsection (b) shall be deemed discrimination for the purposes of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). “(g) Reporting requirement.— “(1) IN GENERAL.—A physician, physician’s assistant, nurse, counselor, or other medical or mental health professional shall report known or suspected violations of any of this section to appropriate law enforcement authorities. “(2) CRIMINAL PENALTY.—Any person who violates paragraph (1) shall be fined under this title, imprisoned not more than 1 year, or both. “(h) Expedited consideration.—It shall be the duty of the district courts of the United States, the courts of appeals of the United States, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section. “(i) Protection of privacy in court proceedings.— “(1) IN GENERAL.—Except to the extent the Constitution of the United States or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. Such orders may be made upon motion, but shall be made sua sponte if not otherwise sought by a party. “(2) ORDERS TO PARTIES, WITNESSES, AND COUNSEL.—The court shall issue appropriate orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the identity of a woman described in paragraph (1) from public disclosure. “(3) PSEUDONYM REQUIRED.—In the absence of written consent of the woman upon whom an abortion has been performed or attempted, any party, other than a public official, who brings an action under this section shall do so under a pseudonym. “(4) LIMITATION.—This subsection may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.”. (b) Clerical amendment.—The table of sections of chapter 13 of title 18, United States Code, is amended by adding at the end the following: “250. Discrimination by abortion against an unborn child on the basis of Down syndrome prohibited.”. (c) Age as reason.—Section 249 of Title 18 of the United States Code is amended by adding “ age,” after each reference to “religion” and by amending paragraph (c)(4) as “the term “age” includes any crime committed against a human who is deemed permissible to harm or kill on the basis of age or any crime intended to kill an unborn person in a woman who is pregnant or perceived to be pregnant; and” Sec. 309. Restoring Safeguards for Dangerous Abortion Drugs. (a) Definitions.— (1) In this section, the term “covered medication” means mifepristone, also known by the brand names, Mifeprex and Korlym, and the developmental code name, RU–486. (2) In this section, the term “covered entity” means a telehealth provider, pharmacy, or any other person who knowingly imports or transports a covered medication in interstate or foreign commerce in violation of section 1462 of title 18, United States Code. (b) Mifepristone REMS. (1) In general.—Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall— (A) withdraw approval of the risk evaluation and mitigation strategy pursuant to section 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1) for the covered medication that is in effect on the date of enactment of this Act; and (B) approve a risk evaluation and mitigation strategy for the covered medication that is identical to the risk evaluation and mitigation strategy for such covered medication that was approved by such Secretary in June 2011. (2) Restriction.—Notwithstanding any provision of section 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1), the Secretary of Health and Human Services— (A) shall require a risk evaluation and mitigation strategy pursuant to such section 505–1 for the covered medication; and (B) may not approve a risk evaluation and mitigation strategy pursuant to such section for the covered medication that is different from the strategy described in subsection (a)(2). (c) Liability.—A covered entity shall be liable in accordance with this section to any individual who suffers bodily injury or harm to mental health (including any physical, psychological, emotional, or physiological harm) that is attributable, in whole or in part, to the individual’s use of a covered medication imported or transported as described in subsection (a). (d) Private right of action.—An individual who suffers bodily injury or harm to mental health that is attributable, in whole or in part, to the individual’s use of a covered medication as described in subsection (b) may bring a civil action against the covered entity in an appropriate district court of the United States or a State court of competent jurisdiction for— (1) compensatory damages; (2) punitive damages; and (3) attorney’s fees and costs. (e) Rules of construction.—Nothing in this section shall be construed to preempt any State law that makes available any other remedy to an individual described in subsection (b). (f) Effective date.—This section shall take effect on the date that is 90 days after the date of enactment of this Act. (g) Ban on importation.—Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381) is amended— (1) in the third sentence of subsection (a), by inserting “or is mifepristone,” after “under section 569D,”; and (2) in subsection (d)(1), by adding at the end the following: “(C) Notwithstanding any other provision of law, no person may import the drug mifepristone into the United States, including by mailing such drug to individuals.”. Subtitle B—Technical provisions. Sec. 311. HHS authority. The Secretary of Health and Human Services is authorized to administer chapters 74 and 117 of the United States Code pending the transfer of authority to a new or different agency or agencies by the President of the United States. No territory or district of the United States, notwithstanding any other law, may refuse to take action to enforce this Act or any provision created or amended by it. Sec. 312. Role of State, tribal, and local law. Neither this Act nor any section amended or created by it shall be regarded as preempting any State, tribal, or local law restricting abortion, contraception, or anything that causes ectopic pregnancy; states are authorized to take action to create laws for the purpose of concurrent enforcement of this Act within their borders. This Act and all provisions of law amended or created by it are effective as of their proper effective dates notwithstanding any State law which may claim to mandate noncompliance. State, tribal, and local governments are fully enabled to engage in concurrent enforcement and no law restricting abortion or contraception shall be interpreted as having been pre-empted by this Title. Sec. 313. Effective date. Except as otherwise specified, this Title and all provisions created or amended by it shall enter into force on January 1, 2028. Sec. 314. Authorization of appropriations. There is authorized to be appropriated to carry out this Title, $10,000,000 per fiscal year for the first three fiscal years it remains in effect, in addition to any funds otherwise appropriated. Subtitle C—Other regulations relating to remains and contraception. Sec. 321. Closing "valuable consideration" loopholes. Section 498B(e) of the Public Health Service Act (42 U.S.C. 289–2(e)) is amended by striking paragraph (3) and inserting the following new paragraph: “(3) The term ‘valuable consideration’ includes— “(A) any payment made or debt incurred; “(B) any gift, honorarium, or recognition of value bestowed; “(C) any price, charge, or fee which is waived, forgiven, reduced, or indefinitely delayed; “(D) any loan or debt which is canceled or otherwise forgiven; “(E) the transfer of any item from one person to another or provision of any service or granting of any opportunity for which a charge is customarily made, without charge or for a reduced charge; and “(F) any payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue.”. Sec. 322. Cleaning American water supplies. Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by adding at the end the following: “SEC. 498F. PROHIBITION OF HUMAN REMAINS IN PUBLICLY OWNED WATER SYSTEMS. “(a) In General.—The intentional disposal of human remains in publicly-owned water systems is prohibited. “(b) Penalties For Violation.—Any person who violates subsection (a) shall be fined in accordance with title 18, United States Code, imprisoned not more than 7 years, or both. “(c) Definitions.—In this section: “(1) HUMAN REMAINS.—The term ‘human remains’ means— “(A) the remains of any deceased human (or a portion thereof); “(B) the detached body parts of living humans; and “(B) any other medical waste associated with an abortion. “(2) PUBLICLY OWNED WATER SYSTEM.—The term ‘publicly owned water system’ means a system of facilities owned or controlled by a Federal, State, or local government entity, the purpose of which is to provide, transport, or treat water, including the drains, pipes, and other devices that connect to such system.”. Sec. 323. Conservatorships prohibited from excessive control over reproduction. Section 1128(a) of the Social Security Act (42 U.S.C. 1320a–7(a)) is amended by adding at the end the following new paragraph: “(5) CERTAIN ACTS FORCING CONTRACEPTION WITH RESPECT TO INDIVIDUALS SUBJECT TO CONSERVATORSHIP.—Any health care provider that on or after the date of the enactment of this paragraph— “(A) denies the removal of an intrauterine device or other contraceptive device from an individual who is subject to a conservatorship by reason of the conservator not approving of such removal; “(B) knowingly sterilizes (including by means of castration or hysterectomy) an individual who is subject to a conservatorship by reason of the conservator approving such sterilization; or “(B) knowingly prescribes birth control medication (including any method of contraception approved or otherwise authorized by the Food and Drug Administration) to an individual subject to a conservatorship without the written consent of such individual.”. Subtitle D—Backup regulations. Sec. 331. Definitions. Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: “§1532. Definitions.—In this chapter the following definitions apply: “(a) ABORTION.—The term ‘abortion’ means the use or prescription of any instrument, medicine, drug, or any other substance, device, procedure, or other means— “(1) to intentionally kill the unborn child of a woman known to be pregnant; or “(2) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— “(A) after viability to produce a live birth and preserve the life and health of the child born alive; or “(B) to remove a dead unborn child. “(b) ATTEMPT.—The term ‘attempt’, with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. “(c) COUNSELING.—The term ‘counseling’ means counseling provided by a counselor licensed by the State, or a victims rights advocate provided by a law enforcement agency. “(d) FACILITY.—The term ‘facility’ means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility. “(e) FERTILIZATION.—The term ‘fertilization’ means the fusion of human spermatozoon with a human ovum. “(f) MEDICAL TREATMENT.—The term ‘medical treatment’ means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State. “(g) MINOR.—The term ‘minor’ means an individual who has not attained the age of 21 years. “(h) PERFORM.—The term ‘perform’, with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion. “(i) PHYSICIAN.—The term ‘physician’ means— “(1) a person licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise legally authorized to perform an abortion, “(2) a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, “(3) any other individual legally authorized by the State to perform abortions, or “(4) any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs an abortion prohibited in this chapter. “(j) POST-FERTILIZATION AGE.—The term ‘post-fertilization age’ means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum. “(k) PROBABLE POST-FERTILIZATION AGE OF THE UNBORN CHILD.—The term ‘probable post-fertilization age of the unborn child’ means what, in reasonable medical judgment, will with reasonable probability be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced. “(l) REASONABLE MEDICAL JUDGMENT.—The term ‘reasonable medical judgment’ means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. “(m) UNBORN CHILD.—The term ‘unborn child’ means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1. “(n) WOMAN.—The term ‘woman’ means a female human being whether or not she has reached the age of majority. For the purposes of this chapter, women who have had legal sex changes shall also be classified as women. “(o) MEDICAL CONDITION.—The term ‘medical condition’ means any illness, syndrome, disease, infection, disorder, addiction, element of a medical history, or other health issue. “(p) DELIVERY.—The term ‘delivery’ means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally terminate the pregnancy of a woman known to be pregnant after viability to produce a live birth and preserve the life and health of the child born alive. “(q) DISMEMBERMENT ABORTION.—The term ‘dismemberment abortion’— “(1) means, with the purpose of causing the death of an unborn child, knowingly dismembering a living unborn child and extracting such unborn child one piece at a time or intact but crushed from the uterus through the use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp a portion of the unborn child’s body in order to cut or rip it off or crush it; and “(2) does not include an abortion that uses suction to dismember the body of the unborn child by sucking fetal parts into a collection container unless the actions described in subparagraph (A) are used to cause the death of an unborn child but suction is subsequently used to extract fetal parts after the death of the unborn child. “(r) ABORTION PROVIDER.—The term ‘abortion provider’ means any individual, site, facility, or entity that either performs abortions or is used to perform abortions or is a physician as defined by subsection (i); and “(s) HUMAN FETAL TISSUE.—The term ‘human fetal tissue’ means any organ, tissue, cells, or other material obtained from a dead unborn child, including a zygote, embryo, or fetus which are obtained via spontaneous, induced, or forced abortion, miscarriage, or stillbirth. “(t) QUALIFIED PLAINTIFF.—The term ‘qualified plaintiff’ means— “(1) a woman upon whom an abortion is performed or attempted in violation of this section; “(2) a maternal grandparent of the unborn child if the woman upon whom an abortion is performed or attempted in violation of this section is an unemancipated minor; “(3) the father of an unborn child who is the subject of an abortion performed or attempted in violation of this section unless the pregnancy or abortion resulted from the criminal conduct of the father; or “(4) the Attorney General. “(u) The term “abortion drug” means any medicine, drug, or any other substance or combination of drugs, medicine or substances used for an abortion. “(v) The term “certified health care provider” means an abortion provider that has completed a Prescriber Agreement Form pursuant to the elements for safe use under the applicable risk evaluation and mitigation strategy under section 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1) relating to abortion drugs, under which the provider agrees to the following: “(A) The provider has the following qualifications: “(i) Ability to assess the duration of pregnancy accurately. “(ii) Ability to diagnose ectopic pregnancies. “(iii) Ability to provide surgical intervention in cases of incomplete abortion or severe bleeding, or to have made plans to provide such care through others, and ability to assure patient access to medical facilities equipped to provide blood transfusions and resuscitation, if necessary. “(B) The provider will follow the guidelines for use of mifepristone under the applicable risk evaluation and mitigation strategy under section 505–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355–1) relating to abortion drugs.”. Sec. 332. Pain-capable unborn child protection. (a) In general.—Chapter 74 of title 18, United States Code, is amended by inserting after section 1532 the following: “§1533. Pain-capable unborn child protection “(a) Unlawful conduct.—Notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b). “(b) Requirements for Abortions.— “(1) ASSESSMENT OF THE AGE OF THE UNBORN CHILD.—The physician performing or attempting the abortion shall first make a determination of the probable post-fertilization age of the unborn child or reasonably rely upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of post-fertilization age. “(2) PROHIBITION ON PERFORMANCE OF CERTAIN ABORTIONS.— “(A) GENERALLY FOR UNBORN CHILDREN 10 WEEKS OR OLDER.—Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable post-fertilization age, as determined under paragraph (1), of the unborn child is 10 weeks or greater. “(B) EXCEPTIONS.—Subparagraph (A) does not apply if in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical medical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions. “(C) REQUIREMENT AS TO MANNER OF PROCEDURE PERFORMED.—Notwithstanding the definitions of ‘abortion’ and ‘attempt an abortion’ in this chapter, a physician terminating or attempting to terminate a pregnancy under an exception provided by subparagraph (B) may do so only in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive. “(D) REQUIREMENT THAT A PHYSICIAN TRAINED IN NEONATAL RESUSCITATION BE PRESENT.—If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E). “(E) CHILDREN BORN ALIVE AFTER ATTEMPTED ABORTIONS.—When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the Born-Alive Infants Protection Act of 2002), the following shall apply: “(i) DEGREE OF CARE REQUIRED.—Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth. “(ii) IMMEDIATE ADMISSION TO A HOSPITAL.—Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital. “(iii) MANDATORY REPORTING OF VIOLATIONS.—A health care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both. “(F) DOCUMENTATION REQUIREMENTS.— “(i) DOCUMENTATION PERTAINING TO ADULTS.—A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(ii) shall, prior to the abortion, place in the patient medical file documentation from a hospital licensed by the State or operated under authority of a Federal agency, a medical clinic licensed by the State or operated under authority of a Federal agency, from a personal physician licensed by the State, a counselor licensed by the State, or a victim’s rights advocate provided by a law enforcement agency that the adult woman seeking the abortion obtained medical treatment or counseling for the rape or an injury related to the rape. “(ii) DOCUMENTATION PERTAINING TO MINORS.—A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or, as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion. “(G) INFORMED CONSENT.— “(i) CONSENT FORM REQUIRED.—The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph. “(ii) CONTENT OF CONSENT FORM.—The Informed Consent Authorization form shall be presented in person by the physician and shall consist of— “(I) a statement by the physician indicating the probable post-fertilization age of the pain-capable unborn child; “(II) a statement that Federal law allows abortion after 20 weeks fetal age only if the mother’s life is endangered by a physical disorder, physical illness, or physical injury, when the pregnancy was the result of rape, or an act of incest against a minor; “(III) a statement that the abortion must be performed by the method most likely to allow the child to be born alive unless this would cause significant risk to the mother; “(IV) a statement that in any case in which an abortion procedure results in a child born alive, Federal law requires that child to be given every form of medical assistance that is provided to children spontaneously born prematurely, including transportation and admittance to a hospital; “(V) a statement that these requirements are binding upon the physician and all other medical personnel who are subject to criminal and civil penalties and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and “(VI) affirmation that each signer has filled out the informed consent form to the best of their knowledge and understands the information contained in the form. “(iii) SIGNATORIES REQUIRED.—The Informed Consent Authorization form shall be signed in person by the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a witness. “(iv) RETENTION OF CONSENT FORM.—The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient’s medical file. “(H) REQUIREMENT FOR DATA RETENTION.—Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient’s medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient’s medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. “(I) ADDITIONAL EXCEPTIONS AND REQUIREMENTS.— “(i) IN CASES OF RISK OF DEATH OR MAJOR INJURY TO THE MOTHER.—Subparagraphs (c), (D), and (G) shall not apply if, in reasonable medical judgment, compliance with such paragraphs would pose a greater risk of— “(I) the death of the pregnant woman; or “(II) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. “(ii) EXCLUSION OF CERTAIN FACILITIES.—Notwithstanding the definitions of the terms ‘medical treatment’ and ‘counseling’ in this chapter, the counseling or medical treatment described in subparagraph (B)(ii) may not be provided by a facility that performs abortions (unless that facility is a hospital). “(iii) RULE OF CONSTRUCTION IN CASES OF REPORTS TO LAW ENFORCEMENT.—The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel. “(iv) COMPLIANCE WITH CERTAIN STATE LAWS.— “(I) STATE LAWS REGARDING REPORTING OF RAPE AND INCEST.—The physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B) shall comply with such applicable State laws that are in effect as the State’s Attorney General may designate, regarding reporting requirements in cases of rape or incest. “(II) STATE LAWS REGARDING PARENTAL INVOLVEMENT.—The physician who intends to perform an abortion on a minor under an exception provided by subparagraph (B) shall comply with any applicable State laws requiring parental involvement in a minor’s decision to have an abortion. “(c) Criminal penalty.—Whoever violates subsection (a) or serves as an accomplice to such violation shall be punished by both confiscation of all property and by either death or imprisonment for life. “(d) Bar to prosecution.—A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation. “(e) Civil remedies.— “(1) CIVIL ACTION BY A WOMAN ON WHOM AN ABORTION IS PERFORMED.—A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. “(2) CIVIL ACTION BY A PARENT OF A MINOR ON WHOM AN ABORTION IS PERFORMED.—A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct. “(3) APPROPRIATE RELIEF.—Appropriate relief in a civil action under this subsection includes— “(A) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; “(B) statutory damages equal to three times the cost of the abortion; and “(C) punitive damages. “(4) ATTORNEYS FEES FOR PLAINTIFF.—The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. “(5) ATTORNEYS FEES FOR DEFENDANT.—If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff. “(6) AWARDS AGAINST WOMAN.—Except under paragraph (5), in a civil action under this subsection, no damages, attorney’s fee or other monetary relief may be assessed against a woman upon whom an abortion was performed or attempted without consent. “(f) Data collection.— “(1) DATA SUBMISSIONS.—Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (hereinafter referred to as the ‘Center’) not later than 60 days after the end of the calendar year in which the abortion was performed or attempted. “(2) CONTENTS OF SUMMARY.—The summary shall include the number of abortions performed or attempted on an unborn child who had a post-fertilization age of 20 weeks or more and specify the following for each abortion under subsection (b)(2)(B): “(A) the probable post-fertilization age of the unborn child; “(B) the method used to carry out the abortion; “(C) the location where the abortion was conducted; “(D) the exception under subsection (b)(2)(B) under which the abortion was conducted; and “(E) any incident of live birth resulting from the abortion. “(3) EXCLUSIONS FROM DATA SUBMISSIONS.—A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note). “(4) PUBLIC REPORT.—The Center shall annually issue a public report providing statistics by State for the previous year compiled from all of the summaries made to the Center under this subsection. The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. The annual report shall be issued by July 1 of the calendar year following the year in which the abortions were performed or attempted.”. (b) Clerical amendment.—The table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new items: “1532. Definitions.”. “1533. Pain-capable unborn child protection.”. “1534. Abortion statistics and accountability.”. “1534A. Abortion recipient identification.”. “1534B. Abortion provider licensing.”. “1535. Forced abortion.”. “1536. Abortions prohibited without a healthcare provider physically present.”. “1537. Requirements pertaining to born-alive abortion survivors.”. “1538. Dismemberment abortion ban.”. “1539. Dismemberment abortion ban.”. (c) Chapter heading amendments.— (1) CHAPTER HEADING IN CHAPTER.—The chapter heading for chapter 74 of title 18, United States Code, is amended by striking “Partial-Birth Abortions” and inserting “Abortions”. (2) TABLE OF CHAPTERS FOR PART I.—The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended to read as follows— “74. Abortions ................................................................................​........ 1531”. Sec. 333. Abortion statistics and accountability. Chapter 74 of title 18, United States Code, is amended by inserting after section 1533 the following: “§1534. Abortion statistics and accountability “(a) Unlawful conduct.—Notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b). “(b) It shall be lawful for a federally-licensed abortion provider to perform an abortion or attempt to do so provided the following requirements are fulfilled.— “(1) Post-abortion reporting.—After any otherwise lawful abortion, reports must be submitted to Federal, State, tribal, and local governments on a quarterly basis, containing information on the financial revenues and expenditures related to any post-abortion activities, including but not limited to disposal, transfer of ownership or custody, donation, or burial, as well as how many aborted unborn children were involved by the person providing abortion services in each of these. Expenditures must be comprehensively broken down in order to reveal how much of them went to salaries, savings, marketing/sales, management purposes, and other categories which shall be established by the National Center for Health Statistics. “(2) Medical reporting.—Before any otherwise lawful abortion, abortion providers are mandated to survey any FDA-approved drugs, controlled substances, alcohol or tobacco products, or other medical devices or treatments a woman was taking or using, as well as any illnesses from which the woman suffered, and any medical conditions afflicting the woman, as well as any complications relating to her pregnancy or abortion, and then report statistics derived from said surveys to Federal, State, tribal, and local governments on a quarterly basis. In cases of emergency or otherwise dire need, the survey may be postponed for health purposes, but the amount of postponements for such purposes must be reported as well. “(3) Rationale reporting.—Before any otherwise lawful abortion, abortion providers are mandated to survey the reasons for which a woman has decided to obtain an abortion and then report statistics derived from said surveys to Federal, State, tribal, and local governments on a quarterly basis. In cases of emergency or otherwise dire need, the survey may be cancelled or postponed for health purposes, but the amount of cancellations or postponements for such purposes must be reported as well, and in the case of a cancellation, abortion providers shall be required to honestly submit approximate guesses, under penalty of perjury. “(4) Demographic reporting.—Before any otherwise lawful abortion, abortion providers are mandated to survey the demographics—including race, religion, ethnicity, ancestry, sexual orientation, gender identity, marital status, age, tribe, location of residence (such as Census-Designated Place, county or county-equivalent, or city or county, etc.), and nationality/citizenship, as well as the potential father or fathers of the child including the same information—of a woman who has decided to obtain an abortion and then report statistics derived from said surveys to Federal, State, tribal, and local governments on a quarterly basis. In cases of emergency or otherwise dire need, the survey may be cancelled or postponed for health purposes, but the amount of cancellations or postponements for such purposes must be reported as well. “(5) Gestational reporting.—Before any otherwise lawful abortion, abortion providers are mandated to acquire information regarding the development of the unborn child—including its age, vital signs, and capabilities—and then report statistics derived from said surveys to Federal, State, tribal, and local governments on a quarterly basis. In cases of emergency or otherwise dire need, this mandate may be alternatively fulfilled by providing the a reasonable medical judgment of the gestational period. “(6) Comprehensiveness of reporting.—All reports are required to be comprehensive and inter-sectional and display the maximum level of detail, allowing maximum flexibility when these statistics are ultimately compiled and published to the website of the Center—each case sharing 100% the same characteristics for reporting purposes shall be displayed together in an anonymous fashion. “(7) Privacy.—In extreme cases of lack of low sample sizes relating to the location of residence or tribe which seriously threaten the anonymity of a woman, there shall be no publishing of such statistics. A woman seeking an abortion has the right to refuse to disclose information for survey purposes, and such refusals must be disclosed in reported statistics. Abortion providers shall be required to ensure that women shall feel comfortable disclosing such information (including informing them of their privacy rights related to said surveys) and shall be prohibited from intentionally taking action to make them uncomfortable in doing so. “(c) States permitted to refuse to participate.—It shall be lawful for a federally-licensed abortion provider to fail to perform reporting to a State or local government under subsection (b) if said State or local government refuses to accept reports from abortion providers or does not provide a means to submit such reports. “(d) Medical reporting for non-abortive purposes.—After any medical treatment to remove a dead unborn child or to produce a live birth and preserve the life and health of the child born alive, a person who performed such a medical treatment is mandated to perform similar surveys and submit similar reports as required by subsection (b) except for subsection (b)(3); likewise, the protection granted by subsection (c) applies to such persons. “(e) Agency responsible.—Reports submitted to comply with this section shall be submitted to the National Center for Health Statistics, which shall issue at least one annual report providing detailed statistics regarding abortion to the public, and such reports shall be issued no later than July 1 of the calendar year following the year in which the abortions were performed or attempted. The National Center for Health Statistics shall be permitted to cooperate with other agencies and launch independent investigations as may be necessary to ensure the honesty of physicians. “(f) Emergency situations.—An emergency room or hospital containing an emergency room is required to provide similar statistics when an abortion is performed; however, the National Center for Health Statistics shall be permitted to waive restrictions as may be necessary for realistic purposes. “(g) Comprehensive data.—In collecting and making available information on death and injury numbers and rates in the United States, the National Center for Health Statistics shall, to the extent possible, include in such numbers and rates any abortion or other prenatal death of an unborn child, including any human zygote, embryo, or fetus. Furthermore, other agencies including the Centers for Disease Control and Prevention shall utilize such data as shall be shared by the National Center for Health Statistics in their own publications as appropriate, including in all publications of death statistics, except that age-restricted statistics may be published provided such statistics shall not generally include only postnatal persons or otherwise discriminate against the unborn. A private right of action, to be utilized by citizens of the United States in general, is established to enforce this requirement for data publication and protect the public right to information.”. Sec. 334. Abortion recipient identification. Chapter 74 of title 18, United States Code, is amended by inserting after section 1534 the following: “1534A. Abortion recipient identification. “(a) Unlawful conduct.—Notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b), unless an abortion is performed as an emergency treatment for a medical condition that threatens the life of a woman. “(b) It shall be lawful for a federally-licensed abortion provider to perform an abortion or attempt to do so provided the following requirements are fulfilled.— “(1) Abortion recipient identification.—Before any otherwise lawful abortion, abortion providers are mandated to request the passport, visa, proof of citizenship, or other foreign, Federal, State, tribal, or local identification, in order to ascertain the residency of a woman seeking an abortion. “(2) Foreign, State, and tribal law knowledge.—Before any otherwise lawful abortion, abortion providers are mandated to maintain knowledge of whether or not an abortion would be lawful in the State, tribe, or foreign nation of which the woman seeking an abortion is a resident, member, or national. “(3) Denial of service.—Unless there is an emergency or otherwise dire need to perform an abortion, an abortion provider must refuse to perform any abortion that would be illegal to perform in a State, tribe, or foreign nation based on knowledge acquired via this statute. “(c) Criminal penalty.—Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both.”. Sec. 335. Abortion provider licensing. Chapter 74 of title 18, United States Code, is amended by inserting after section 1535 the following: “1534B. Abortion provider licensing. “(a) Unlawful conduct.—Notwithstanding any other provision of law, it shall be unlawful for any person other than an emergency room or hospital containing one which performs abortions solely for emergency purposes to perform an abortion or attempt to do so, unless said person is a federally-licensed abortion provider. “(b) Requirements for Federal licensing.—Any abortion provider shall be required to ensure the safety (including emergency-preparedness), lawfulness, and accountability of its activities, including its compliance with non-abortion-related laws, and its maintenance of State, tribal, and local authorization to perform abortions, and if applicable its compliance with State, tribal, and local laws and regulations, including those not related to abortion. Approval by the United States Food and Drug Administration shall also be required to obtain a license. “(c) Periods and costs for Federal licensing.—Status as a federally-licensed abortion provider shall be granted for periods of five years per renewal; each renewal shall cost $2500 per quarter paid quarterly until such a time that an abortion provider decides to allow said authorization to lapse, and each new license to conduct abortions shall cost double for the first year; physicians working as abortion providers shall be allowed a reduced rate of $500 per quarter but shall still be subject to a $1000 per quarter fee for the first year. In addition, a minimum of fifty dollars shall be collected for each abortion performed by each federally-licensed abortion provider. These costs may be raised, to a level exceeding that which would be ordinarily prescribed based on inflation, by the President. “(d) Revocation of Federal licensing.—Any intentional violation of any Federal, State, tribal, or local law (including failure to comply with tax laws or other non-abortion-related laws) or failure to maintain a State, tribal, or local status as a legal abortion provider except as a result of relocation by a federally-licensed abortion provider may be punished by revocation of Federal licensing, in addition to a fine of $5000 plus $20 for each abortion procedure performed prior to formal revocation and two years in prison. “(e) Occupational taxation status.—Federally-licensed abortion providers shall not be required to pay the tax established by section 5892(e) of the Internal Revenue Code of 1986 if they provide only one of the applicable healthcare associate products defined in subsection (b) of such section of such Code. “(f) Enforcement.—Requirements for the capability of persons employed, including tests, inspections, educational requirements, and other requirements necessary to ensure that abortion facilities, abortion practicioners, and all staff involved are capable of complying with Federal, State, tribal, and local law by the United States Food and Drug Administration; such Administration may also take into account any other factor, including criminal records and civil lawsuit records, when deciding whether or not to approve or renew Federal licensing under this section. “(g) Criminal penalty.—Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 50 years, or both. “(h) Constitutional flexibility.—The regulations applied pursuant to this section may be relaxed in accordance with final decisions of the United States Supreme Court. “(i) Effect on other law.—This section shall not be construed as legalizing, permitting, or enabling any activity prohibited under any federal or state law. “(j) Revenue restriction.—The act of performing an abortion in exchange for funds shall be treated as a form of murder in or affecting commerce. No federally-licensed abortion provider shall be permitted to accept any compensation for performing any abortion, and "compensation" shall include all "valuable consideration" as defined by the Public Health Service Act but shall not be limited to such. This law shall not prevent any prosecution under 18 U.S. Code § 1111.”. Sec. 336. Forced abortion. Chapter 74 of title 18, United States Code, is amended by inserting after section 1536 the following: “1535. Forced abortion. “(a) Unlawful conduct.—It is illegal to perform an abortion without the consent of the woman who is pregnant. “(b) Obligation to report crimes.—Any crime reported to an abortion clinic, by a patient or otherwise, must be reported to the proper authorities and to the National Center for Health Statistics. “(c) No consent produced by coercion, threat, extortion, or any means otherwise prohibited by law shall be regarded as valid under this section or section 1841 of this Title, and any abortion illegally performed under this title shall be treated as a ransom or reward under this title. “(d) Criminal penalty.— “(1) Forced abortion.—Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 12 years, or both. “(2) Reporting.—Whoever violates subsection (a) shall be fined under this title not more than $50,000 or imprisoned for not more than 3 years, or both.”. Sec. 337. Teleabortion prevention. Chapter 74 of title 18, United States Code, is amended by inserting after section 1535 the following: “§1536. Abortions prohibited without a healthcare provider physically present “(a) Offense.—Any person, in or affecting interstate or foreign commerce, knowingly provides or attempts to provide an abortion— “(1) without physically examining the patient; “(2) without being physically present at the location of the abortion; “(3) without utilizing a licensed abortion facility which is or “(3) without scheduling a follow-up visit for the patient to occur not more than 14 days after the administration or use of the drug to assess the patient’s physical condition, shall be fined not more than $5,000 or imprisoned not more than 3 years, or both. “(b) Patient rights.—A patient upon whom an abortion is performed may not be prosecuted under this section or for a conspiracy to violate this section, and may file suit for up to $100,000 in damages if any person who prescribes or provides an abortion. “(c) Effects on registration.—Any person convicted of an offense under subsection (a) of this Section who is a federally-licensed abortion provider shall not be permitted to maintain such status. “(d) Criminal penalty.—Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both.”. Sec. 338. Born-alive infants protection. Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: “§1537. Requirements pertaining to born-alive abortion survivors “(a) Requirements for health care practitioners.—In the case of an abortion or attempted abortion that results in a child born alive (as defined in section 8 of title 1, United States Code (commonly known as the ‘Born-Alive Infants Protection Act’)): “(1) Degree of care required; immediate admission to a hospital.—Any health care practitioner present at the time the child is born alive shall— “(A) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and “(B) following the exercise of skill, care, and diligence required under subparagraph (A), ensure that the child born alive is immediately transported and admitted to a hospital. “(2) Mandatory reporting of violations.—A health care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic who has knowledge of a failure to comply with the requirements of paragraph (1) shall immediately report the failure to all appropriate law enforcement agencies. “(3) Regulation to ensure compliance ability.—The United States Food and Drug Administration shall issue such regulations as may be necessary to ensure that federally-licensed abortion providers will be able to ensure the health of children, including by means of requiring regular inspection. “(b) Penalties.— “(1) In general.—Whoever violates subsection (a) by failure to report or by willfully failing to comply with paragraph (1) shall be fined under this title or imprisoned for not more than 5 years, or both. “(2) Intentional crimes against child born alive.—Whoever intentionally performs or attempts to perform any Federal, State, tribal, or local crime against a child born alive described under subsection (a) shall be punished to the maximum extent of the law. This paragraph shall not be interpreted as exempting any person from prosecution for any crime. “(3) Revocation of Federal licensing.—Any federally-licensed abortion provider who violates the reporting requirement of subsection (a), deliberately fails to provide care for a child born alive as mandated by law, or fails to abide by any regulation issued under it shall be “(c) Bar to prosecution.—The mother of a child born alive described under subsection (a) may not be prosecuted under such subsection. “(d) Civil remedies.— “(1) CIVIL ACTION BY A WOMAN ON WHOM AN ABORTION IS PERFORMED.—If a child is born alive and there is a violation of subsection (a), the woman upon whom the abortion was performed or attempted may, in a civil action against any person who committed the violation, obtain appropriate relief. “(2) APPROPRIATE RELIEF.—Appropriate relief in a civil action under this subsection includes— “(A) objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of subsection (a); “(B) statutory damages equal to 3 times the cost of the abortion or attempted abortion; and “(C) punitive damages. “(3) ATTORNEY’S FEE FOR PLAINTIFF.—The court shall award a reasonable attorney’s fee to a prevailing plaintiff in a civil action under this subsection. “(4) ATTORNEY’S FEE FOR DEFENDANT.—If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff.”. Sec. 339. Dismemberment abortion ban. Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: “§ 1538. Dismemberment abortion ban “(a) Dismemberment abortion prohibited.— “(1) OFFENSE.—Any physician who, in or affecting interstate or foreign commerce, knowingly performs a dismemberment abortion and thereby kills an unborn child shall be fined under this title, imprisoned not more than 2 years, or both. “(2) LIMITATION.—Paragraph (1) shall not apply to a dismemberment abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. “(b) Rule of construction.—Nothing in this section shall be construed to limit abortions performed for any reason, including when the pregnancy is a result of rape or incest, if performed by a method other than dismemberment abortion. “(c) Civil remedies.— “(1) CIVIL ACTION BY A WOMAN ON WHOM AN ABORTION IS PERFORMED.—A woman upon whom an abortion has been performed in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. “(2) CIVIL ACTION BY A PARENT OF A MINOR ON WHOM AN ABORTION IS PERFORMED.—A parent of a minor upon whom an abortion has been performed in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct. “(3) APPROPRIATE RELIEF.—Appropriate relief in a civil action under this subsection includes— “(A) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; “(B) statutory damages equal to 3 times the cost of the abortion; and “(C) punitive damages. “(4) ATTORNEY'S FEES FOR PLAINTIFF.—The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. “(5) ATTORNEY'S FEES FOR DEFENDANT.—If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff. “(6) AWARDS AGAINST WOMAN.—Except as provided in paragraph (5), in a civil action under this subsection, no damages, attorney’s fee, or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted. “(d) Immunity from prosecution for woman upon whom a dismemberment abortion is performed.—A woman upon whom a dismemberment abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section.”. Subtitle E—Further provisions. Sec. 341. Foreign abortion and sex-related tourism. (a) The title of Section 2427 of Chapter 117 of title 18, United States Code, is amended as follows— “Inclusion of offenses relating to child pornography and other sex-related crimes in definition of sexual activity for which any person can be charged with a criminal offense.” (b) Section 2427 of Chapter 117 of title 18, United States Code, is amended as follows— “In this chapter, the term “sexual activity for which any person can be charged with a criminal offense” includes— “(a) the production or possession of child pornography, as defined in section 2256(8) or any State law prohibiting any action or status associated to child pornography; “(b) any activity declared unlawful under Chapter 74 of title 18 of the United States Code; “(c) any State, tribal, or local law restricting abortion or protecting an unborn child; “(d) any activity involving a minor which is prohibited by Federal, State, tribal, or local law; and “(e) obtaining any sex-related drug which is restricted by Federal, State, tribal, or local law. (c) Clerical amendment.—The table of sections at the beginning of chapter 74 of title 18, United States Code, is editing the entry preceding “§2428 - Forfeitures.” as follows— “2427. Inclusion of offenses relating to child pornography and other sex-related crimes in definition of sexual activity for which any person can be charged with a criminal offense.”. Sec. 342. Safe Crisis Pregnancy Centers. Section 248(e)(5) of Chapter 117 of title 18, United States Code, is amended as follows— “The term “reproductive health services” means services provided in a hospital, clinic, physician’s office, or other facility (including any Title X Service Site or family planning project as defined by the Public Health Service Act and Secretary of Health and Human Services), and includes medical, surgical, counselling or referral services relating to the human reproductive system, including services relating to pregnancy but never to any act (regardless of any pretense to offer a "service") which involves the intentional ending of the life of a human being.”. Sec. 343. No charge for failed delivery. Section 1395dd of Chapter 7 of title 42, United States Code, is amended by— (a) inserting a new subsection (j) after subsection (i) as follows— “(j) Special treatment for unborn children and expectant mothers.—” “In the case of any pregnant woman with an emergency medical condition, no participating hospital may request compensation for any treatment which results in the death of either the pregnant woman or sny unborn child of such pregnant woman.”, (b) inserting “This section does not preempt any state law restricting the intentional termination of patient lives.” at the end of subsection (f), and (b) inserting a new paragraph (e)(6) at the end of subsection (e) as follows: “(6) Any person with an emergency medical condition as defined by this subsection, including any unborn child of any woman who has an emergency medical condition or any unborn child who has an emergency medical condition.” Sec. 344. Restriction on HHS. (a) Prohibition.—The Secretary of Health and Human Services shall not use or declare any public health emergency under section 319 or 319F–3 of the Public Health Service Act (42 U.S.C. 247d, 247d–6b) with respect to abortion, except to take measures to prevent abortion by increasing restrictions on such activity. (b) Termination Of Any Declaration In Effect.—Any declaration described in subsection (a) that is in effect as of the date of enactment of this Act is hereby terminated. Sec. 345. Release of political prisoners. All persons incarcerated for actions intended to support the President of the United States Donald Trump or actions which allegedly violated section 248 of title 18 prior to the enactment of this Act but do not violate the section as amended by this Act are ordered to be immediately released from prison. Funds from the American Health Care Implementation Fund shall be used to provide restitution and temporary assistance to these persons. TITLE IV—Regulations Subtitle A—General Regulation Reduction and Reform Sec. 401. Codification of minimum ages. (a) A new Chapter 112 is created under Title 12, U.S.C., titled “Age limitations on products.” (b) A new section 8550 is created under Chapter 112, Title 12, U.S.C. as follows— “(a) The minimum age to purchase, receive, possess, use, or sell contraception is twenty-two years. “(b) The minimum age to purchase, receive, possess, use, administer, perform, or sell an abortion or abortifacient for a purpose other than the preservation of the pregnant woman's life is twenty-two years. “(c) The minimum age to undergo a breast or buttock augmentation, or any other cosmetic surgery excluding circumcision, is eighteen years, unless for the purpose of repairing damage done to the body of a person under eighteen years, or to repair a birth defect, except that with parental consent the minimum age may be treated as fifteen, and a surgery or treatment considered an aesthetic treatment shall be exempt from this subsection. “(d) The minimum age to undergo hormone replacement therapy or a sex change surgery (or any child sexual mutilation as defined by section 2260B of title 18, United States Code) is twenty-seven years. “(e) The minimum age to purchase, receive, possess, or sell alcoholic beverages and tobacco is twenty-one years. “(f) The minimum age to participate or work in the pornography industry or consume pornography, to visit or work at any strip club, to visit or work as a prostitute, or other salacious establishment, is twenty-three years. “(g) The minimum age to undergo any cosmetic surgery which involves any modification to the skeleton is twenty-four years. “(h) State governments are permitted to concurrently enforce this section and no State law raising any minimum age above that which is defined by this section shall be preempted by this section. “(i) Persons violating or encouraging or facilitating violation of the age limits set by this section shall be punished by a fine, a prison sentence not exceeding twenty years, or both. “(j) State and local laws mandating or encouraging the violation of this section are hereby preempted, and any State or locality which violates this section shall be punished by a fine not exceeding ten million dollars. “(k) In this section, the word “encouraging” does not include speech protected by the First Amendment to the Constitution; however, it does include any activity which allows or incites violation of this Section. “(l) In this section, the word “sell” includes any transfer to or from the possession of a person below a minimum age defined by this section of any thing for which a minimum age is established by this section. “(m) Nothing in this secton may be interpreted as restricting the authority of executive agencies to establish higher standards as prescribed by law.”. (c) This section shall be effective beginning the sooner of either the following fourth of July or the following first of January after its passage into law, not counting the first thirty days of this Act's passage into law. (d) Child sexual mutilation on youth prohibited.—Chapter 110 of title 18, United States Code, is amended— (1) by adding at the end the following: “§ 2260B. Child sexual mutilation on minors “(a) In General.—Whoever, in any circumstance described in subsection (e), knowingly performs any child sexual mutilation on a person below twenty-seven years of age is guilty of a class C felony. “(b) Prohibition On Prosecution Of Person On Whom Intervention Is Performed.—No person on whom the child sexual mutilation under subsection (a) is performed may be arrested or prosecuted for an offense under this section. “(c) Civil Action.—A person on whom child sexual mutilation is performed under this section may bring a civil action for appropriate relief, including compensatory and punitive damages, against each person who performed the child sexual mutilation. “(d) Definitions.—In this section: “(1) CHILD SEXUAL MUTILATION DEFINED.— “(A) IN GENERAL.—For purposes of this chapter, except as provided in subparagraph (B), the term ‘Child sexual mutilation’ means, with respect to an individual, any of the following: “(i) Performing any surgery for the purpose of changing the body of such individual to correspond to a sex that differs from their biological sex, including— “(I) castration; “(II) orchiectomy; “(III) scrotoplasty; “(IV) vasectomy; “(V) hysterectomy; “(VI) oophorectomy; “(VII) ovariectomy; “(VIII) metoidioplasty; “(IX) penectomy; “(X) phalloplasty; “(XI) vaginoplasty; “(XII) vaginectomy; “(XIII) vulvoplasty; “(XIV) reduction thyrochondroplasty; “(XV) chondrolaryngoplasty; and “(XVI) mastectomy. “(ii) Any plastic or cosmetic surgery that feminizes or masculinizes the facial features for the purposes described in clause (i). “(iii) Any placement of chest implants to create feminine breasts for the purposes described in clause (i). “(iv) Any placement of fat or artificial implants in the gluteal region for the purposes described in clause (i). “(v) Administering, supplying, prescribing, dispensing, distributing, or otherwise conveying to an individual medications for the purposes described in clause (i), including— “(I) gonadotropin-releasing hormone (GnRH) analogues or other puberty-blocking drugs to stop or delay normal puberty; “(II) testosterone or other androgens to biological females at doses that are supraphysiologic to the female sex; and “(III) estrogen to biological males at doses that are supraphysiologic to the male sex. “(B) EXCEPTION.—Subparagraph (A) shall not apply to the following individuals: “(i) An individual with both ovarian and testicular tissue. “(ii) An individual with respect to whom a physician has determined through genetic or biochemical testing that the individual does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action. “(iii) An individual experiencing infection, disease, injury, or disorder caused or exacerbated by previous legal child sexual mutilation. “(iv) An individual suffering from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of a major bodily function unless the procedure is performed. “(2) BIOLOGICAL SEX.—The term ‘biological sex’ means the indication of male or female sex by reproductive potential or capacity, sex chromosomes, naturally occurring sex hormones, gonads, or internal or external genitalia present at birth. “(e) Circumstances Described.—For purposes of subsection (a), the circumstances described in this subsection are that— “(1) the defendant or victim traveled in interstate or foreign commerce, or traveled using a means, channel, facility, or instrumentality of interstate or foreign commerce, in furtherance of or in connection with the conduct described in subsection (a); “(2) the defendant used a means, channel, facility, or instrumentality of interstate or foreign commerce in furtherance of or in connection with the conduct described in subsection (a); “(3) any payment of any kind was made, directly or indirectly, in furtherance of or in connection with the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce; “(4) the defendant transmitted in interstate or foreign commerce any communication relating to or in furtherance of the conduct described in subsection (a) using any means, channel, facility, or instrumentality of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means or in manner, including by computer, mail, wire, or electromagnetic transmission; “(5) any instrument, item, substance, or other object that has traveled in interstate or foreign commerce was used to perform the conduct described in subsection (a); “(6) the conduct described in subsection (a) occurred within the special maritime and territorial jurisdiction of the United States, or any territory or possession of the United States; or “(7) the conduct described in subsection (a) otherwise occurred in or affected interstate or foreign commerce. “(f) Rule Of Construction.—Nothing in this section shall be construed as prohibiting provision of the medical services described in subsection (d)(1)(A) to address legitimate health issues, such as any male or female reproductive cancers, apart from changing the body to correspond to a sex that differs from one’s biological sex.”; and (2) by amending the table of sections for such chapter by adding at the end the following: “2260B. Child sexual mutilation on minors.”. (e) Immigration consequences of foreign child sexual mutilation.— (1) Definitions.—Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following: “(53) The term ‘child sexual mutilation’ shall have the meaning given such term in section 2260B(d) of title 18, United States Code.”. (2) Classes Of Aliens Ineligible For Visas Or Admission.—Section 212(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)(A)) is amended— (A) in clause (iii)(II), strike “or” at the end; (B) in clause (iv), strike the comma at the end and insert “, or”; and (C) by adding at the end the following: “(v) who is determined to have performed child sexual mutilation on a person that has not attained the age of 27 years old,”. (3) Classes Of Deportable Aliens.—Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended by adding at the end the following: “(8) CHILD SEXUAL MUTILATION.—Any alien who has performed child sexual mutilation on a person that has not attained the age of 27 years old is deportable.”. (f) RICO enforcement.—18 U.S. Code § 1961 is amended by inserting “chapter 74 (relating to abortion), section 2260B (relating to child sexual mutilation), section 250 (relating to hate crimes against persons with certain conditions), ” after “(relating to sexual exploitation of children), ”. (g) Federal tort for harm to children caused by child sexual mutilation. (1) HOSPITAL.—The term “hospital” has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)). (2) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) MEDICAL PRACTITIONER.—The term “medical practitioner” means a person who is licensed, certified, or otherwise authorized by the laws of a State to administer health care in the ordinary course of the practice of the person’s profession. (4) MINOR.—The term “minor” means an individual who has not yet reached 18 years of age. (5) PEDIATRIC MUTILATION CLINIC.—The term “pediatric mutilation clinic” means a medical facility that specializes in the diagnosis or treatment of gender discordance and gender dysphoria in minors, including medical interventions such as therapeutic diagnosis of gender dysphoria and performance of (or referral for) child sexual mutilation procedures on minors. (6) Liability.—The following individuals and entities shall be liable in accordance with this section to any individual who suffers bodily injury or harm to mental health (including any physical, psychological, emotional, or physiological harm) that is attributable, in whole or in part, to a child sexual mutilation performed on the individual when the individual was a minor: (A) A pediatric mutilation clinic where the child sexual mutilation was performed. (B) Any medical practitioner who administered health care, at the time of the particular procedure, at the pediatric gender clinic where the child sexual mutilation was performed. (C) An institution of higher education that hosts, operates, partners with, provides funding to, refers to, or is otherwise affiliated with the pediatric mutilation clinic where the child sexual mutilation was performed. (D) A hospital that hosts, operates, partners with, provides funding to, functions as, or is otherwise affiliated with the pediatric mutilation clinic where the child sexual mutilation was performed. (E) Any medical practitioner who performed the child sexual mutilation on the individual. (F) Any government official who, overridng parental oversight, approved a child sexual mutilation. All claims of qualified immunity, including judicial immunity, are hereby denounced as completely abrogated, null, and void for purposes of private rights of action authorized under this subsection. Child sexual mutilation and the authorization thereof is declared a completely illegitimate process outside of the function of government, and no claim of immunity can be justified by such. No Court shall be accept any appeal made by a defendant who claims exception from this section on the basis of qualified (including judicial) immunity. (G) Any organization that purports to produce professional, medical, or clinical standards which recommend child sexual mutilation or provides best practices for the illegitimate function of pediatric mutilation clinics. (7) Private right of action.—Any individual (or family member of such individual) who suffers bodily injury (including wrongful death by suicide or otherwise) or harm to mental health that is attributable, in whole or in part, to a child sexual mutilation provided to the individual when the individual was a minor may bring a civil action against an individual or entity described in subsection (b), in an appropriate district court of the United States or a State court of competent jurisdiction for— (A) compensatory damages (including, in cases where suicide or other causes of death related to child sexual mutilation prevent claims on life insurance payouts, for loss of life insurance utilization); (B) punitive damages; and (C) attorney’s fees and costs. (8) Affirmative defense.—It shall be an affirmative defense to an action brought by or on behalf of an individual upon whom a gender-transition procedure was performed under subsection (c) that the pediatric gender clinic or medical practitioner who performed the gender-transition procedure on the individual, at all relevant times, did not know and had no reason to know that the individual in question was a minor. (9) Triple damages.—Any damages awarded under this section shall be tripled relative to their regular level and shall be eligible to be increased by 5% or the level of CPI-E, whichever is higher, for each year since the violation has occurred. (h) No Federal funds may be made available— (1) to a pediatric mutilation clinic; (2) to an institution of higher education or hospital that hosts, operates, partners with, provides funding to, or is otherwise affiliated with, a pediatric gender clinic; or (3) for any gender-transition procedure performed on a minor. (i) Retroactive application of subsections (g) and (h).—Subsections (g) and (h) of this section shall— (1) take effect on the date of enactment of this Act; (2) apply to any child sexual mutilation that took place before, on, or after the effective date under paragraph (1); and (3) apply to funds disbursed prior to the passage of this Act and provide right of action for Federal, State, Tribal, Territorial, and Local governments to reclaim monies which were taken by persons who in violation of subsection (h) were provided with funding, with triple damages and interest payments to be made for restitution of such funds. Sec. 402. Capping out-of-pocket costs of insulin. (a) Individuals Enrolled In Certain Health Plans.—Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended by inserting after section 2729 the following: “SEC. 2729A. COVERAGE OF INSULIN DRUGS. “Beginning with plan year 2026, a group health plan or health insurance issuer offering group or individual health insurance coverage that provides coverage for prescription insulin drugs may not impose any deductible, copayment, coinsurance, or other cost-sharing requirement with respect to such drugs that results in out-of-pocket costs to the enrollee that exceed $50 per prescription for a 30-day supply of covered prescription insulin drugs, regardless of the amount of insulin drugs needed to fill the enrollee's insulin prescriptions.”. (b) Individuals Enrolled In Other Coverage.— (1) MEDICARE, MEDICAID, AND CHIP.—The Secretary of Health and Human Services shall take such administrative action as is necessary to ensure that in no event shall any State plan or waiver under title XIX or XXI of the Social Security Act or prescription drug plan under part D of title XVIII of such Act or MA–PD plan under part C of such title of such Act that provides coverage for prescription insulin drugs impose any deductible, copayment, coinsurance, or other cost-sharing requirement with respect to such drugs that results in out-of-pocket costs to an individual enrolled in such coverage that exceeds $50 per prescription for a 30-day supply of covered prescription insulin drugs, regardless of the amount of insulin drugs needed to fill the enrollee's insulin prescriptions. (2) VETERANS.—The Secretary of Veterans Affairs shall take such administrative action as is necessary to ensure that prescription insulin drugs written by eligible health care providers for veterans do not impose any deductible, copayment, coinsurance, or other cost-sharing requirement with respect to such drugs that results in out-of-pocket costs to the veteran that exceeds $50 per prescription for a 30-day supply of covered prescription insulin drugs, regardless of the amount of insulin drugs needed to fill the veteran's insulin prescriptions. For purposes of the preceding sentence, the term “eligible health care provider” means a health care provider under section 1703(c) of title 38, United States Code, or an eligible entity or provider under section 1703A(b) of such title. (3) TRICARE.—The Secretary of Defense shall take such administrative action as is necessary to ensure that prescription insulin drugs written by health care providers for enrollees in the TRICARE program under chapter 55 of title 10, United States Code, do not impose any deductible, copayment, coinsurance, or other cost-sharing requirement with respect to such drugs that results in out-of-pocket costs to enrollees that exceeds $50 per prescription for a 30-day supply of covered prescription insulin drugs, regardless of the amount of insulin drugs needed to fill the enrollee's insulin prescriptions. (c) Price cap for uninsured persons.—Beginning on January 1, 2026, in the case of an individual who is not enrolled in any public or private health plan, the cash price for a 30-day supply of such individual's prescription insulin drugs, regardless of the amount of insulin drugs needed to fill the individual's insulin prescriptions, shall be not more than $100. Sec. 403. Intellectual property of unavailable products. (a) A new section 123 is inserted at the end of chapter 1 of the Copyright Act of 1976 as follows— “123. Limitations on exclusive rights: Unavailable medical products “In case of any medical copyright owned by a non-US entity, including copyrighted code for medical equipment, medical literature, etc. which has been barred from publication or utilization in the United States, such copyright is regarded as void. For the purposes of this section, the word “medical” does not describe any equipment, literature, or other copyrighted word used or published to intentionally end the life of a patient.”. (b) 35 U.S.C. 271(c) is amended as follows— “(c) Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as a contributory infringer except in cases wherein a medical device or medicine is sold within the United States or imported into the United States when a non-US entity has prohibited the sale within and imported into the United States of such medical device or medicine, except in such a case where such a medical device or medicine is intended to be used to intentionally end the life of a patient.”. Sec. 404. Act not found. (a) In general.—Excluding those sections otherwise repealed or amended by this Act, all sections of the Patient Protection and Affordable Care Act and Healthcare and Education Reconciliation Act found in Chapters 157 and 158 of Title 42 of the United States Code are repealed. (b) Repeal of PHSA amendments.—The following provisions of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) are repealed: (1) Section 2701 (42 U.S.C. 300gg). (2) Section 2702 (42 U.S.C. 300gg–1). (3) Section 2703 (42 U.S.C. 300gg–2). (4) Section 2704 (42 U.S.C. 300gg–3). (5) Section 2705 (42 U.S.C. 300gg–4). (6) Section 2707 (42 U.S.C. 300gg–6). (7) Section 2708 (42 U.S.C. 300gg–7). (8) Section 2711 (42 U.S.C. 300gg–11). (9) Section 2712 (42 U.S.C. 300gg–12). (10) Section 2713 (42 U.S.C. 300gg–13). (11) Section 2715 (42 U.S.C. 300gg–15). (12) Section 2715A (42 U.S.C. 300gg–15a). (13) Section 2716 (42 U.S.C. 300gg–16). (14) Section 2718 (42 U.S.C. 300gg–18). (15) Section 2719 (42 U.S.C. 300gg–19). (16) Section 2719A (42 U.S.C. 300gg–19a). (17) Section 2794 (42 U.S.C. 300gg–94). (c) Reinstating pre-PPACA law.—Sections 2701, 2702, 2711, and 2712 of the Public Health Service Act as in effect on the day before the date of enactment of the Patient Protection and Affordable Care Act (Public Law 111–148) shall be restored or revived as if such Act had not been enacted (subject to paragraphs (1), (2), (6), and (7) of subsection (d) and other amendments created by this Act). (d) Redesignations and transfers.—The following provisions of title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) shall be redesignated and transferred as follows: (1) Section 2701, as restored or revived under subsection (c), shall be transferred so as to appear as the first section in subpart I of part A. (2) Section 2702, as restored or revived under subsection (c), shall be transferred so as to appear after such section 2701. (3) Section 2706 (42 U.S.C. 300gg–5) shall be redesignated as section 2703 and transferred so as to appear after such section 2702. (4) Section 2709 (42 U.S.C. 300gg–8), relating to coverage for individuals participating in approved clinical trials, shall be redesignated as section 2704 and transferred so as to appear after section 2703 (as so redesignated). (5) Section 2709 (42 U.S.C. 300gg–9), relating to disclosure of information, shall be redesignated as section 2705 and transferred so as to appear after section 2704 (as so redesignated). (6) Section 2711, as restored or revived under subsection (c), shall be redesignated as section 2706 and transferred so as to appear after section 2705 (as so redesignated). (7) Section 2712, as restored or revived under subsection (c), shall be redesignated as section 2707 and transferred so as to appear after section 2706 (as so redesignated). (8) Section 2714 (42 U.S.C. 300gg–14) shall be redesignated as section 2711 and transferred so as to appear as the first section under subpart II of part A. (9) Section 2717 (42 U.S.C. 300gg–17) shall be redesignated as section 2712 and transferred so as to appear after section 2711 (as so redesignated). (e) Effective dates.— (1) IN GENERAL.—Except as otherwise provided, the repeals under this section shall take effect on the date of enactment of this Act and shall apply to plan years beginning after such date of enactment. (2) DELAYED EFFECTIVE DATES.—The repeals under paragraphs (2), (3), (4), and (5) of subsection (b), the provisions restored or revived under subsection (b), and the conforming amendment in section 104(a)(2) shall be effective for plan years beginning on January 1, 2019, and (notwithstanding subsection (c)) the provisions of law repealed by such paragraphs of subsection (b) or amended by such conforming amendment shall continue to remain in effect until such date. (f) Technical amendments.— (1) ERISA.—Section 715 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185d) is amended— (A) in subsection (a)(1), by striking “(as amended by the Patient Protection and Affordable Care Act)” and inserting “(including any subsequent amendments to such part)”; and (B) in subsection (b)— (i) by striking “(as amended by the Patient Protection and Affordable Care Act)” and inserting “(including any subsequent amendments to such part)”; and (ii) by striking “(as so amended)”. (2) IRC.—Section 9815 of the Internal Revenue Code of 1986 is amended— (A) in subsection (a)(1), by striking “(as amended by the Patient Protection and Affordable Care Act)” and inserting “(including any subsequent amendments to such part)”; and (B) in subsection (b)— (i) by striking “(as amended by the Patient Protection and Affordable Care Act)” and inserting “(including any subsequent amendments to such part)”; and (ii) by striking “(as so amended)”. (3) Applicability.—The amendments made by this subsection shall take effect as though included in the enactment of the Patient Protection and Affordable Care Act (Public Law 111–148). (g) Repeal of remaining provisions.—All provisions of the Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act of 2010 (including amendments made to other laws by the two Acts) not otherwise repealed or amended by this Act are immediately repealed. (h) Repeal of IRA.—The Inflation Reduction Act and all amendments made by it are immediately repealed, and all unobligated funds appropriated by it rescinded. (i) Repeal of ARPA.—The American Rescue Plan Act and all amendments made by it are immediately repealed, and all unobligated funds appropriated by it rescinded. (j) Rescission of COVID funds.—Any unobligated COVID-related funds appropriated prior to the passage of this Act are hereby rescinded. Sec. 405. Constructions. (a) No ratings based on sex.—Nothing in this Act shall be construed as permitting health insurance issuers to discriminate in rates for health insurance coverage on the basis of sex. (b) No limiting access to coverage for individuals with preexisting conditions.—Nothing in this Act shall be construed as permitting health insurance issuers to limit access to health coverage for individuals with preexisting conditions. Sec. 406. Right to try reform. (a) Section 561B (21 U.S.C. 360bbb-0a) of Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting “any known benefits which could result in approval,” after “the uses for which the drug was made available,”. (b) A new subsection (e) is added at the end of Section 561B (21 U.S.C. 360bbb-0a) of Chapter V of the Federal Food, Drug, and Cosmetic Act as follows— “(e) New disease rapid response testing.— “Pursuant to a discovery of a new disease or an epidemic of a disease for which insufficient treatment information is available, the Secretary of Health and Human Services may declare that all patients undergoing treatment for such a disease are part of one unified national trial, and collect data relevant to experimental treatments as necessary for the treatment of such diseases through the National Center for Health Statistics, which shall direct the unified national trial under the guidance of the Secretary and the President and with the cooperation of other agencies as may be necessary to preserve the public health. Neither the President of the United States nor any agency of the Executive may restrict or hinder, in any way, the collection of data for such a trial, or delete such data.”. Sec. 407. Reducing administrative costs and burdens in health care. Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by adding at the end the following: “PART E—Reducing administrative costs and burdens in health care “SEC. 281. Eliminating unnecessary administrative burdens and costs. “(a) Reducing administrative burdens and costs.—The Secretary, in consultation with providers of health services, health care suppliers of services, health care payers, health professional societies, health vendors and developers, health care standard development organizations and operating rule entities, health care quality organizations, health care accreditation organizations, public health entities, States, patients, and other appropriate entities, shall, in accordance with subsection (b)— “(1) establish a goal of reducing unnecessary costs and administrative burdens across the health care system, including the Medicare program under title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, and the private health insurance market, by at least half over a period of 10 years from the date of enactment of this section; “(2) develop strategies and benchmarks for meeting the goal established under paragraph (1); “(3) develop recommendations for meeting the goal established under paragraph (1); and “(4) take action to reduce unnecessary costs and administrative burdens based on recommendations identified in this subsection. “(b) Strategies, recommendations, and actions.— “(1) IN GENERAL.—To achieve the goal established under subsection (a)(1), the Secretary, in consultation with the entities described in such subsection, shall not later than 1 year after the date of enactment of this section, develop strategies and recommendations and take actions to meet such goal in accordance with this subsection. No strategies, recommendation, or action shall undermine the quality of patient care or patient health outcomes. “(2) STRATEGIES.—The strategies developed under paragraph (1) shall address unnecessary costs and administrative burdens. Such strategies shall include broad public comment and shall prioritize— “(A) recommendations identified as a result of efforts undertaken to implement section 3001; “(B) recommendations and best practices identified as a result of efforts undertaken under this part; “(C) a review of regulations, rules, and requirements of the Department of Health and Human Services that could be modified or eliminated to reduce unnecessary costs and administrative burden imposed on patients, providers, payers, and other stakeholders across the health care system; and “(D) feedback from stakeholders in rural or frontier areas on how to reduce unnecessary costs and administrative burdens on the health care system in those areas. “(3) RECOMMENDATIONS.—The recommendations developed under paragraph (1) shall include— “(A) actions that improve the standardization and automation of administrative transactions; “(B) actions that integrate clinical and administrative functions; “(C) actions that improve patient care and reduce unnecessary costs and administrative burdens borne by patients, their families, and other caretakers; “(D) actions that advance the development and adoption of open application programming interfaces and other emerging technologies to increase transparency and interoperability, empower patients, and facilitate better integration of clinical and administrative functions; “(E) actions to be taken by the Secretary and actions that need to be taken by other entities; and “(F) other areas, as the Secretary determines appropriate, to reduce unnecessary costs and administrative burdens required of health care providers. “(4) CONSISTENCY.—Any improvements in electronic processes proposed by the Secretary under this section should leverage existing information technology definitions under Federal Law. Specifically, any electronic processes should not be construed to include a facsimile, a proprietary payer portal that does not meet standards specified by the Secretary, or an electronic form image. “(5) ACTIONS.—The Secretary shall take action to achieve the goal established under subsection (a)(1), and, not later than 1 year after the date of enactment of this section, and biennially thereafter, submit to Congress and make publically available, a report describing the actions taken by the Secretary pursuant to goals, strategies, and recommendations described in this subsection. “(6) FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the development of the goal, strategies, recommendations, or actions described in this section. “(7) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to authorize, or be used by, the Federal Government to inhibit or otherwise restrain efforts made to reduce waste, fraud, and abuse across the health care system. “SEC. 282. Grants to States to develop and implement recommendations to accelerate State innovation to reduce health care administrative costs. “(a) Grants.— “(1) IN GENERAL.—Not later than 6 months after the date of enactment of this section, the Secretary shall award grants to at least 15 States, and one coordinating entity designated as provided for under subsection (e), to enable such States to establish and administer private-public multi-stakeholder commissions for the purpose of reducing health care administrative costs and burden within and across States. Not less than 3 of such grants shall be awarded to States that are primarily rural, frontier, or a combination thereof, in nature. “(2) ENTITIES.—For purposes of this section, the term ‘State’ means a State, a State designated entity, or a multi-State collaborative (as defined by the Secretary). “(3) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to applications submitted by States that propose to carry out a pilot program or support the adoption of electronic health care transactions and operating rules. “(b) Application.— “(1) IN GENERAL.—To be eligible to receive a grant under subsection (a) a State shall submit to the Secretary an application in such a manner and containing such information as the Secretary may reasonably require, including the information described in paragraph (2). “(2) REQUIRED INFORMATION.—In addition to any additional information required by the Secretary under this subsection, an application shall include a description of— “(A) the size and composition of the commission to be established under the grant, including the stakeholders represented and the degree to which the commission reflects important geographic and population characteristics of the State; “(B) the relationship of the commission to the State official responsible for coordinating and implementing the recommendations resulting from the commission, and the role and responsibilities of the State with respect to the commission, including any participation, review, oversight, implementation or other related functions; “(C) the history and experience of the State in addressing health care administrative costs, and any experience similar to the purpose of the commission to improve health care administrative processes and the exchange of health care administrative data; “(D) the resources and expertise that will be made available to the commission by commission members or other possible sources, and how Federal funds will be used to leverage and complement these resources; “(E) the governance structure and procedures that the commission will follow to make, implement, and pilot recommendations; “(F) the proposed objectives relating to the simplification of administrative transactions and operating rules, increased standardization, and the efficiency and effectiveness of the transmission of health information; “(G) potential cost savings and other improvements in meeting the objectives described in subparagraph (F); and “(H) the method or methods by which the recommendations described in subsection (c) will be reviewed, tested, adopted, implemented, and updated as needed. “(c) Multi-Stakeholder commission.— “(1) IN GENERAL.—Not later than 90 days after the date on which a grant is awarded to a State under this section, the State official described in subsection (b)(2)(B), the State insurance commissioner, or other appropriate State official shall convene a multi-stakeholder commission, in accordance with this subsection. “(2) MEMBERSHIP.—The commission convened under paragraph (1) shall include representatives from health plans, health care providers, health vendors, relevant State agencies, health care standard development organizations, and operating rule entities, relevant professional and trade associations, patients, and other entities determined appropriate by the State. “(3) RECOMMENDATIONS.—Not later than one year after the date on which a grant is awarded to a State under this section, the commission shall make recommendations and plans, consistent with the application submitted by the State under subsection (b), and intended to meet the objectives defined in the application. Such recommendations shall comply with, and build upon, all relevant Federal requirements and regulations, and may include— “(A) common, uniform specifications, best practices, and conventions, for the efficient, effective exchange of administrative transactions adopted pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191); “(B) the development of streamlined business processes for the exchange and use of health care administrative data; and “(C) specifications, incentives, requirements, tools, mechanisms, and resources to improve— “(i) the access, exchange, and use of health care administrative information through electronic means; “(ii) the implementation of utilization management protocols; and “(iii) compliance with Federal and State laws. “(d) Use of funds for implementation.—A State may use amounts received under a grant under this section for one or more of the following: “(1) The development, implementation, and best use of shared data infrastructure that supports the electronic transmission of administrative data. “(2) The development and provision of training and educational materials, forums, and activities as well as technical assistance to effectively implement, use, and benefit from electronic health care transactions and operating rules. “(3) To accelerate the early adoption and implementation of administrative transactions and operating rules designated by the Secretary and that have been adopted pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191), including transactions and operating rules described in section 1173(a)(2) of the Social Security Act. “(4) To accelerate the early adoption and implementation of additional or updated administrative transactions, operating rules, and related data exchange standards that are being considered for adoption under the Health Insurance Portability and Accountability Act of 1996 or are adopted pursuant to such Act, or as designated by the Secretary, including the electronic claim attachment. “(5) To conduct pilot projects to test approaches to implement and use the electronic health care transactions and operating rules in practice under a variety of different settings. With respect to the electronic attachment transaction, priority shall be given to pilot projects that test and evaluate methods and mechanisms to most effectively incorporate patient health data from electronic health records and other electronic sources with the electronic attachment transaction. “(6) To assess barriers to the adoption, implementation, and effective use of electronic health care transactions and operating rules, as well as to explore, identify, and plan options, approaches, and resources to address barriers and make improvements. “(7) The facilitation of public and private initiatives to reduce administrative costs and accelerate the adoption, implementation, and effective use of electronic health care transactions and operating rules for State programs. “(8) Developing, testing, implementing, and assessing additional data exchange specifications, operating rules, incentives, requirements, tools, mechanisms, and resources to accelerate the adoption and effective use of the transactions and operating rules. “(9) Ongoing needs assessments and planning related to the development and implementation of administrative simplification initiatives. “(e) Coordinating entity.— “(1) FUNCTIONS.—Not later than 6 months after the date of enactment of this section, the Secretary shall designate a coordinating entity under this subsection for the purpose of— “(A) providing technical assistance to States relating to the simplification of administrative transactions and operating rules, increased standardization, and the efficiency and effectiveness of the transmission of health care information; “(B) evaluating pilot projects and other efforts conducted under this section for impact and best practices to inform broader national use; “(C) using consistent evaluation methodologies to compare return on investment across efforts conducted under this section; “(D) compiling, synthesizing, disseminating, and adopting lessons learned to promote the adoption of electronic health care transactions and operating rules across the health care system; and “(E) making recommendations to the Secretary and the National Committee on Vital and Health Statistics regarding the national adoption of efforts conducted under this section. “(2) ELIGIBILITY.—The entity designated under paragraph (1) shall be a qualified nonprofit entity that— “(A) focuses its mission on administrative simplification; “(B) has demonstrated experience using a multi-stakeholder and consensus-based process for the development of common, uniform specifications, operating rules, best practices, and conventions, for the efficient, effective exchange of administrative transactions that includes representation by or participation from health plans, health care providers, vendors, States, relevant Federal agencies, and other health care standard development organizations; “(C) has demonstrated experience providing technical assistance to health plans, health care providers, vendors, and States relating to the simplification of administrative transactions and operating rules, increased standardization, and the efficiency and effectiveness of the transmission of health care information; “(D) has demonstrated experience evaluating and measuring the adoption and return on investment of administrative transactions and operating rules; “(E) has demonstrated experience gathering, synthesizing, and adopting common, uniform specifications, operating rules, best practices, and conventions for national use based on lessons learned to promote the adoption of electronic health care transactions and operating rules across the health care system; “(F) has a public set of guiding principles that ensure processes are open and transparent, and supports nondiscrimination and conflict of interest policies that demonstrate a commitment to open, fair, and nondiscriminatory practices; “(G) builds on the transaction standards issued under Health Insurance Portability and Accountability Act of 1996; and “(H) allows for public review and updates of common, uniform specifications, operating rules, best practices, and conventions to support administrative simplification. “(f) Period and amount.—A grant awarded to a State under this section shall be for a period of 5 years and shall not exceed $50,000,000 for such 5-year period. A grant awarded to the coordinating entity designated by the Secretary under subsection (e) shall be for a period of 5 years and shall not exceed $15,000,000 for such 5-year period. “(g) Reports.— “(1) STATES.—Not later than 1 year after receiving a grant under this section, and biennially thereafter, a State shall submit to the Secretary a report on the outcomes experienced by the State under the grant. “(2) COORDINATING ENTITY.—Not later than 1 year after receiving a grant under this section, and at least biennially thereafter, the coordinating entity shall submit to the Secretary and the National Committee on Vital and Health Statistics a report of evaluations conducted under the grant under this section and recommendations regarding the national adoption of efforts conducted under this section. “(3) SECRETARY.—Not later than 6 months after the date on which the States and coordinating entity submit the report required under paragraphs (1) and (2), the Secretary, in consultation with National Committee on Vital and Health Statistics, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report on the outcomes achieved under the grants under this section. “(4) GAO.—Not later than 6 months after the date on which the Secretary submits the final report under paragraph (3), the Comptroller General of the United States shall conduct a study, and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report on the outcomes of the activities carried out under this section which shall contain a list of best practices and recommendations to States concerning administrative simplification. “(h) Authorization of appropriations.—There is authorized to be appropriated to carry out this section, $250,000,000 for the 5-fiscal-year period beginning with fiscal year 2028.”. Sec. 408. Requirements for cosmetic medical procedures. Section 311 of the Federal Food, Drug, and Cosmetic Act is amended by adding the following new subsection after subsection (eee): “(fff) Performing any procedure including a plastic surgery, injection of toxin, or abortion which is not intended to resolve a medical condition while outside of a licensed medical facility or while a patient is under the influence of alcohol. Use of medical alcohol may be approved notwithstanding this subsection.” Sec. 409. Local-level deregulation. (a) Waiving national restrictions on physician-owned facilities.—Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is amended by adding at the end the following new subsection: “(j) Waiver authority.—A physician or other entity may apply to the Secretary to waive any provision of this section and the Secretary may waive such provision with respect to such physician or entity if the Secretary determines that such waiver would— “(1) increase competition within the health care market; “(2) reduce the costs of health care; and “(3) increase the quality of health care.”. (b) Removing certain State and local licensure or certification restrictions.— (1) APPLICATION FOR WAIVER OF RESTRICTIONS.—An individual who is required to be licensed or certified by a State as a condition of furnishing items or services as a health care professional (as defined by the Secretary of Health and Human Services) may submit to the Secretary an application to waive any condition of such licensure or certification. (2) STANDARD.—The Secretary may grant a waiver submitted under paragraph (1) if the Secretary determines such waiver would— (A) increase competition within the health care market; (B) reduce the costs of health care; and (C) increase the quality of health care. (3) PREEMPTION.—In the case of a health care professional granted a waiver under paragraph (2), any requirement with respect to which such waiver is granted is preempted to the extent specified in such waiver. (c) Effect on certain laws.—No applicable healthcare-associated service taxed by section 5892 of the Internal Revenue Code or any insurance policy shall be regarded as “health care” under this section. Sec. 410. Termination of patient lives. The following is added to the United States Code after the section established by section 507(b) of this Act— “1124. Involuntary Do-Not-Resusitate Prohibited. “(a) In general.—Paramedics will, in any circumstance in which a patient requests help or has not explicitly requested for it to be withheld, provide any treatment necessary, including resuscitation, except in such a case where it is outside of a reasonable medical judgment that such a patient would require such treatment. “(b) Preemption.—Any law which claims to mandate the violation of subsection (a) is hereby preempted. “(c) Penalty.—Any person convicted of violating the provisions of subsection (a) shall be subject to a fine under this title of not less than $10,000, imprisoned for not less than 1 year, or both.”. Sec. 411. Indian Healthcare. (a) The Indian Health Care Improvement Act of 1976 is amended by inserting a new section 809 after section 808 of such Act as follows— “809. Indian Healthcare Deregulation. “(a) Tribal deregulation authority.—Subsequent to any application compliant with subsection (b) of this section, an Indian tribe may obtain an exemption from the Secretary of Health and Human Services waiving any regulation established under the Federal Food, Drug, and Cosmetic Act, provided that such Indian tribe continuously complies with subsection (c) of this section. “(b) Restrictions on applications.—No application which contains a request to deregulate food, water, sanitation, abortion, contraception, controlled substances (as defined by the Controlled Substances Act and regulated by the Drug Enforcement Agency), tobacco, or anything not regulated by the Federal Food, Drug, and Cosmetic Act shall be accepted under subsection (a). Furthermore, the territorial extent of such an application must be declared in such an application and may not exceed the extent to which exemptions and preemptions are permitted to take effect under subsection (e). Furthermore, no exemption for any provision of the Federal Food, Drug, and Cosmetic Act intended to protect intellectual property rights may be approved. “(c) Transparency.—Indian tribes which have obtained any exemption under subsection (a) shall disclose all regulations not in force when providing healthcare services to persons who are citizens or nationals of the United States. “(d) State, territorial, and local regulations.—Subsequent to the acceptance of any exemption under subsection (a), any State, territorial, or local ordinance or regulation which may prohibit anything for which a waiver has been granted under subsection (a) shall be preempted insofar as a waiver has been granted under subsection (a). “(e) Territorial extent.—No exemption or preemption under this Act shall take effect except on the Indian lands as defined by section 4 of the Indian Gaming Regulatory Act which are not subject to the prohibition established by section 20 of such Act. “(f) Revenue treatment.—The Secretary of the Treasury, in consultation with the Secretaries of the Interior and of Health and Human Services, shall create such regulations as may be necessary to determine the treatment of revenues under this section for purposes of the Internal Revenue Code of 1986 and other Federal laws, including by means of adjusting Federal spending levels. “(g) Criminal investigations.—The Attorney General, and any persons authorized by the Attorney General, shall investigate activities associated with exemptions authorized by this section which may be a violation of Federal law.”. (a) Abrogation of sovereign immunity.—Title 35, United States Code, is amended— (1) in section 135, by adding at the end the following: “(g) Sovereign immunity.— “(1) DEFINITIONS.—In this subsection— “(A) the term ‘foreign State’ has the meaning given the term in section 1603(a) of title 28; and “(B) the term ‘Indian tribe’ has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)). “(2) ABROGATION OF SOVEREIGN IMMUNITY.—Except as provided in paragraph (3), and subject to paragraph (4), a patent owner may not assert sovereign immunity, including the sovereign immunity accorded to an Indian tribe, as a defense in— “(A) a derivation proceeding instituted under subsection (a); or “(B) a review by a court of the United States with respect to a decision reached in a proceeding described in subparagraph (A). “(3) IMMUNITY OF FOREIGN STATES.—If a patent owner is a foreign State, for the purposes of any proceeding described in paragraph (2)(A), the Patent Trial and Appeal Board shall determine whether the patent owner is immune from the jurisdiction of the Patent Trial and Appeal Board, in accordance with chapter 97 of title 28 as if the Patent Trial and Appeal Board were a court of the United States. “(4) LIMITATION.—This subsection shall apply only to the extent permitted under the 11th amendment to the Constitution of the United States.”; (2) in section 296— (A) in the section heading, by striking “and State officials” and inserting “, State officials, and Indian tribes”; and (B) by adding at the end the following: “(c) Abrogation of tribal sovereign immunity.— “(1) DEFINITIONS.—In this subsection— “(A) the term ‘covered claim’ means any claim, counterclaim, or third-party claim that arises under— “(i) this title relating to infringement of a patent; or “(ii) section 351 of the Public Health Service Act (42 U.S.C. 262); and “(B) the term ‘Indian tribe’ has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)). “(2) ABROGATION.—In any action that involves a covered claim that is otherwise within the jurisdiction of a court of the United States, an Indian tribe may not assert sovereign immunity as a defense.”; (3) in section 305— (A) in the first sentence, by striking “After the” and inserting the following: “(a) In general.—After the”; and (B) by adding at the end the following: “(b) Sovereign immunity.— “(1) DEFINITIONS.—In this subsection— “(A) the term ‘foreign State’ has the meaning given the term in section 1603(a) of title 28; and “(B) the term ‘Indian tribe’ has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)). “(2) ABROGATION OF SOVEREIGN IMMUNITY.—Except as provided in paragraph (3), and subject to paragraph (4), a patent owner may not assert sovereign immunity, including the sovereign immunity accorded to an Indian tribe, as a defense in— “(A) any reexamination proceeding under this section, including any appeal to the Patent Trial and Appeal Board; or “(B) a review by a court of the United States with respect to a decision reached in a proceeding described in subparagraph (A). “(3) IMMUNITY OF FOREIGN STATES.—If a patent owner is a foreign State, for the purposes of any proceeding described in paragraph (2)(A), the Office or the Patent Trial and Appeal Board, as applicable, shall determine whether the patent owner is immune from the jurisdiction of the Office or the Patent Trial and Appeal Board, as applicable, in accordance with chapter 97 of title 28 as if the Office or the Patent Trial and Appeal Board, as applicable, were a court of the United States. “(4) LIMITATION.—This subsection shall apply only to the extent permitted under the 11th amendment to the Constitution of the United States.”; (4) in section 316, by adding at the end the following: “(f) Sovereign immunity.— “(1) DEFINITIONS.—In this subsection— “(A) the term ‘foreign State’ has the meaning given the term in section 1603(a) of title 28; and “(B) the term ‘Indian tribe’ has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)). “(2) ABROGATION OF SOVEREIGN IMMUNITY.—Except as provided in paragraph (3), and subject to paragraph (4), a patent owner may not assert sovereign immunity, including the sovereign immunity accorded to an Indian tribe, as a defense in— “(A) an inter partes review instituted under this chapter; or “(B) a review by a court of the United States with respect to a decision reached in a proceeding described in subparagraph (A). “(3) IMMUNITY OF FOREIGN STATES.—If a patent owner is a foreign State, for the purposes of any review described in paragraph (2)(A), the Patent Trial and Appeal Board shall determine whether the patent owner is immune from the jurisdiction of the Patent Trial and Appeal Board, in accordance with chapter 97 of title 28 as if the Patent Trial and Appeal Board were a court of the United States. “(4) LIMITATION.—This subsection shall apply only to the extent permitted under the 11th amendment to the Constitution of the United States.”; and (5) in section 326, by adding at the end the following: “(f) Sovereign immunity.— “(1) DEFINITIONS.—In this subsection— “(A) the term ‘foreign State’ has the meaning given the term in section 1603(a) of title 28; and “(B) the term ‘Indian tribe’ has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)). “(2) ABROGATION OF SOVEREIGN IMMUNITY.—Except as provided in paragraph (3), and subject to paragraph (4), a patent owner may not assert sovereign immunity, including the sovereign immunity accorded to an Indian tribe, as a defense in— “(A) a post-grant review instituted under this chapter; or “(B) a review by a court of the United States with respect to a decision reached in a proceeding described in subparagraph (A). “(3) IMMUNITY OF FOREIGN STATES.—If a patent owner is a foreign State, for the purposes of any review described in paragraph (2)(A), the Patent Trial and Appeal Board shall determine whether the patent owner is immune from the jurisdiction of the Patent Trial and Appeal Board, in accordance with chapter 97 of title 28 as if the Patent Trial and Appeal Board were a court of the United States. “(4) LIMITATION.—This subsection shall apply only to the extent permitted under the 11th amendment to the Constitution of the United States.”. (c) Amendments to the Tariff Act of 1930.—Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended by adding at the end the following: “(o) Abrogation of tribal sovereign immunity.— “(1) DEFINITIONS.—In this subsection— “(A) the term ‘covered person’— “(i) means a person; and “(ii) includes— “(I) an Indian tribe; and “(II) any other person that claims immunity on account of the sovereign status of an Indian tribe; and “(B) the term ‘Indian tribe’ has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)). “(2) ABROGATION.—In any proceeding under this section, no covered person may assert as a defense the sovereign immunity that is accorded to an Indian tribe.”. (d) Technical and conforming amendment.—The table of sections for chapter 29 of title 35, United States Code, is amended by striking the item relating to section 296 and inserting the following: “296. Liability of States, instrumentalities of States, State officials, and Indian tribes for infringement of patents.”. Sec. 412. Guidelines for medical practice. (a) Selection.—Not later than 6 months after the date of enactment of this Act, eligible professional organizations that have established, published, maintained, and updated on a regular basis, clinical practice guidelines, including when applicable, appropriate use criteria, that incorporate best practices, may submit such guidelines to the Secretary. Not later than 6 months after the last day for submitting such guidelines, the Secretary shall select and designate one or more eligible professional organizations to provide and maintain such clinical practice guidelines on behalf of the Secretary. Not later than 6 months after designating each such eligible professional organization, the Secretary shall enter into an agreement with each such eligible professional organization for maintenance, publication, and updating of such clinical practice guidelines. (b) Maintenance.— (1) PERIODIC REVIEW.—Not later than 5 years after the Secretary enters into an agreement with each eligible professional organization under subsection (a), and every 5 years thereafter, the Secretary shall review the clinical practice guidelines of such organization and shall, as necessary, enter into agreements with additional eligible professional organizations, as appropriate, in accordance with subsection (a). (2) UPDATE BY ELIGIBLE PROFESSIONAL ORGANIZATION.—An eligible professional organization that collaborated in the establishment of a clinical practice guideline may submit amendments to that clinical practice guideline at any time to the Secretary for review by the Secretary. (3) NOTIFICATION REQUIRED FOR CERTAIN UPDATES.—An amendment under paragraph (2) may not add, materially change, or remove a guideline from a set of guidelines, unless notification of such update is made available to applicable eligible professionals. (4) COMPETITION AMONG PROFESSIONAL ORGANIZATIONS.—The Secretary shall be requird to take into consideration the Sherman Anti-Trust Act and other Federal laws to ensure that no monopoly may exist among eligible professional organizations under this section. (5) OLD VERSION OPTION.—The Secretary shall maintain the option to continue to allow use of non-updated clinical practice guidelines. (6) ATTORNEY GENERAL CONSULTATION.—The Attorney General of the United States shall be consulted prior to the designation of all eligible clinical practice guidelines and as part of the review of such guidelines. (7) HOMELAND SECURITY CONSULTATION.—The Secretary of Homeland Security shall be consulted prior to the designation of all eligible clinical practice guidelines and as part of the review of such guidelines. (c) Guideline standards.—The Secretary shall ensure that, to the extent practicable, the development of clinical practice guidelines are guided by the Standards for Developing Trustworthy Clinical Practice Guidelines of the Institute of Medicine and— (1) are developed through a transparent process that minimizes conflicts of interest; (2) are developed by a knowledgeable, multidisciplinary panel of experts and representatives from key affected groups; (3) take into consideration important patient subgroups and patient preferences, as appropriate; (4) are based on a systematic review of the existing evidence; (5) except in the case of diagnostic guidelines, provide a clear explanation of the relationship between care options and health outcomes; (6) except in the case of diagnostic guidelines, provide ratings of both the quality of evidence and strength of recommendation; (7) are reconsidered and revised when new evidence emerges; (8) do not protect or mandate violation of or complicity in violation of Federal law; (9) do not protect or mandate violation of or complicity in sexual exploitation of persons under the age of eighteen (except that cosmetic surgeries explicitly allowed under 12 U.S.C. 8550 shall not be considered sexual exploitation) or discouragement of firearm ownership (except when this may be suitable for a mental health professional); (10) take into consideration preparedness for emergency situations, not limited to public health emergencies; and (11) clearly identify any exceptions to the application of the clinical practice guideline. (d) Required disclosures from eligible professional organizations.—Any person who is affiliated with an eligible professional organization and who directly participated in the creation of a clinical practice guideline shall follow that particular eligible professional organization’s conflict of interest protocol. (e) Neither an eligible professional organization nor the participants in its guideline development and approval process, may be held liable for any injury alleged to be caused by adhering to a clinical practice guideline to which they contributed. (f) The Secretary shall publish on the Internet through the National Guideline Clearinghouse or other appropriate sites or sources, all clinical practice guidelines, including all data and methodology used in the development and selection of the guidelines in compliance with data disclosure standards in the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191). (g) Limitation.—This section shall not preempt or supersede any State or Federal law that— (1) imposes procedural or substantive protections for health care providers and health care organizations from liability, loss, or damages greater than such protections provided by this title; or (2) creates a cause of action related to the provision of health care goods or services. (h) State Flexibility.—No provision of this Act shall be construed to preempt any defense available to a party in a health care liability action under any other provision of State or Federal law. (i) Health care liability claims.—Chapter 85 of title 28, United States Code, is amended by adding at the end the following: “§ 1370. Health care liability claims “(a) Definitions.—In this section, the terms ‘applicable eligible professional’, ‘health care goods or services’, ‘health care liability action’, ‘health care liability claim’, ‘health care organization’, and ‘health care provider’ have the meaning given such terms in section 10 of the Saving Lives, Saving Costs Act. “(b) Jurisdiction of claims.—The district courts shall have original jurisdiction of a health care liability action against an applicable eligible professional, health care provider, or health care organization. “(c) Substantive law.—The substantive law for decision in a health care liability action brought under subsection (b) shall be derived from the law, including choice of law principles, of the State in which the provision of, use of, or payment for (or the failure to provide, use, or pay for) health care goods or services giving rise to the health care liability claim occurred unless such law is inconsistent with or preempted by Federal law.”. (j) Technical and conforming amendment.—The table of sections for chapter 85 of title 28, United States Code, is amended by adding at the end the following: “1370. Health care liability claims.”. (k) Right of removal.—Section 1441 of title 28, United States Code, is amended by adding at the end the following: “(g) Certain actions against medical professionals.—A health care liability action brought in a State court against an applicable eligible professional, health care provider, or health care organization may be removed by any defendant or the defendants to the district court of the United States for the district and division embracing the place where such action is pending. (l) Mandatory review by independent medical panel.—If, in any health care liability action removed to Federal court pursuant to section 1441(g) of title 28, United States Code, against an applicable eligible professional, health care provider, or health care organization, the applicable eligible professional, health care provider, or health care organization alleges, in response to a filing of the claimant, that the applicable eligible professional, health care provider, or health care organization adhered to an applicable clinical practice guideline in the provision of health care goods or services to the claimant, then the court shall suspend further proceedings on the health care liability action prior to discovery proceedings, until the completion of a review of the action by an independent medical review panel. (m) Independent medical review panel.— (1) COMPOSITION.—An independent medical review panel under this section shall be composed of 3 members who are experts in the relevant field of clinical practice, appointed in accordance with paragraph (5). (2) REQUIREMENTS FOR MEMBER ELIGIBILITY.— (A) IN GENERAL.—To be eligible to serve on an independent medical review panel, a member shall— (i) be an experienced physician certified by a board recognized by the American Board of Medical Specialties or the American Osteopathic Association Bureau of Osteopathic Specialists; (ii) not earlier than 2 years prior to the date of selection to the board, have been in active medical practice or devoted a substantial portion of his or her time to teaching at an accredited medical school, or have been engaged in university-based research in relation to the medical care and type of treatment at issue; and (iii) be approved by his or her specialty society. (B) REGIONAL PREFERENCE.—When possible, members should be from the region where the case in question originates to account for geographical practice variation. (3) NO CIVIL LIABILITY FOR MEMBERS.—No civil action shall be brought in any court against any member for any act, failure to act, or statement or opinion made, within the scope of his or her duties as a member of the independent medical review panel. (4) CONSIDERATIONS IN MAKING DETERMINATIONS.—The members of the independent medical review panel shall acknowledge that, under certain circumstances, it may be appropriate for a physician to depart from the recommendations in clinical practice guidelines in the care of individual patients. (5) SELECTION OF MEMBERS.—Each member of the independent medical review panel shall be jointly selected by the parties. A member whose selection one party does not concur in may not serve on the panel, except that, if, not later than 30 days after a response to the health care liability action is filed, 3 members have not been selected by the parties, the court shall appoint any remaining members. (6) COMPENSATION OF MEMBERS.—The costs of compensation to the members of the independent medical review panel shall be shared between the parties equally, unless otherwise agreed to by the parties. (n) Terms of review.—A review by an independent medical review panel under this section shall comply with the following: (1) STANDARD OF CONDUCT.—The mandatory independent medical review panel that is charged with the responsibility of making a preliminary finding as to liability of the defendant applicable eligible professional shall deem the prescribed clinical practice guidelines as the standard of conduct, care, and skill expected of members of the medical profession engaged in the defendant’s field of practice under the same or similar circumstances, subject to the provisions of subsection (m)(4). (2) RECORD FOR REVIEW.—The independent medical review panel shall make a preliminary finding based solely upon the pre-discovery evidence submitted to it pursuant to Rule 26 of the Federal Rules of Civil Procedure, any medical records that would be discoverable if the lawsuit advances to trial, and the applicable prescribed clinical practice guidelines. (3) LIMITATION.—The independent medical review panel shall not make a finding of negligence from the mere fact that a treatment or procedure was unsuccessful or failed to bring the best result, or that the patient died. (4) USE AT TRIAL OF WORK PRODUCT OF REVIEW PANEL.—No preliminary finding by the independent medical review panel that the defendant applicable eligible professional breached the standard of care as set forth under the prescribed clinical practice guidelines shall constitute negligence per se or conclusive evidence of liability, but findings, opinions, and conclusions of the review panel shall be admissible as evidence in any and all subsequent proceedings before the court, including for purposes of motions for summary judgment and at trial. (o) Results of review.— (1) IN GENERAL.—Not later than 60 days after all members of the independent medical review panel have been selected, the panel shall complete a review of the record of the liability action and shall make a finding under this subsection. (2) FINDING DESCRIBED.—A finding under this subsection shall include the following: (A) A determination of whether there are any applicable clinical practice guidelines to the health care liability action that substantively pertains to the injury suffered by the claimant. (B) Whether the applicable eligible professional has alleged adherence to any such guideline. (C) Whether the applicable eligible professional adhered to any such guideline. (D) Whether there is a reasonable probability that— (i) the applicable eligible professional violated the applicable clinical practice guideline; (ii) that violation proximately caused the claimant’s alleged injury; and (iii) the claimant suffered damages as a result of the injury. (3) USE AT TRIAL.—The finding under this subsection may be received into evidence by the court. If the independent medical review panel made any finding under paragraph (2)(D) that there was no reasonable probability of the matters described in clauses (i) through (iii), the court may issue a summary judgment in favor of the applicable eligible professional unless the claimant is able to show otherwise by clear and convincing evidence. If the panel made a finding under subparagraphs (A) through (C) of paragraph (2) that there was an applicable clinical practice guideline that the defendant adhered to, the court shall issue summary judgment in favor of the applicable eligible professional unless the claimant is able to show otherwise by clear and convincing evidence. Any preliminary finding that the defendant applicable eligible professional did not breach the standard of care as set forth under the prescribed medical practice guidelines or that the defendant applicable eligible professional's nonadherence to the applicable standard was neither the cause in fact nor the proximate cause of the plaintiff's injury or that the plaintiff did not incur any damages as a result shall be given deference by the court and shall entitle the defendant applicable eligible professional to summary judgment unless the plaintiff is able to show by clear and convincing evidence that the independent medical review panel was in error and that there is a genuine issue as to a material fact in the case. (p) Definitions.— (1) APPLICABLE ELIGIBLE PROFESSIONAL.—The term “applicable eligible professional” means a physician practicing within clinical practice guidelines submitted by an eligible professional organization and includes employees and agents of a physician. (2) APPROPRIATE USE CRITERIA.—The term “appropriate use criteria” means established evidence-based guidelines developed or endorsed by an eligible professional organization that specify when the health benefits of a procedure or service exceed the expected health risks by a significantly wide margin. (3) CLINICAL PRACTICE GUIDELINE.—The term “clinical practice guideline” means systematically developed statements based on the review of clinical evidence for assisting a health care provider to determine the appropriate health care in specific clinical circumstances. (4) DIAGNOSTIC GUIDELINE.—The term “diagnostic guideline” means a clinical practice guideline that provides recommendation regarding the utility of diagnosis procedures for a specific clinical scenario. (5) ELIGIBLE PROFESSIONAL ORGANIZATION.—The term “eligible professional organization” means a national, State, or Territorial medical society or medical specialty society, including such societies which may be based on particular philosophies of medicine or based on religious principles. (6) FEDERAL PAYOR.—The term “Federal payor” includes reimbursements made under the Medicare program under title XVIII of the Social Security Act or the Medicaid program under title XIX of the Social Security Act, premium tax credits under section 36B of the Internal Revenue Code of 1986 or cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act, or medical screenings, treatments, or transfer services provided pursuant to section 1867 of the Social Security Act. (7) HEALTH CARE GOODS OR SERVICES.—The term “health care goods or services” means any goods or services provided by a health care organization, provider, or by any individual working under the supervision of a health care provider, that relates to the diagnosis, prevention, or treatment of any human disease or impairment, or the assessment or care of the health of human beings. (8) HEALTH CARE LIABILITY ACTION.—The term “health care liability action” means a civil action against an applicable eligible professional, a health care provider, or a health care organization, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action, in which the claimant alleges a health care liability claim. (9) HEALTH CARE LIABILITY CLAIM.—The term “health care liability claim” means a claim by any person against an applicable eligible professional, a health care provider, or a health care organization which is based upon the provision of, use of, or payment for (or the failure to provide, use, or pay for) health care goods or services for which at least partial payment was made by a Federal payor or which was mandated by Federal law, regardless of the theory of liability on which the claim is based. (10) HEALTH CARE ORGANIZATION.—The term “health care organization” means any person or entity which is obligated to provide or pay for health benefits under any health plan, including any person or entity acting under a contract or arrangement with a health care organization to provide or administer any health benefit. (11) HEALTH CARE PROVIDER.—The term “health care provider” means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. (12) SECRETARY.—The term “Secretary” means the Secretary of Health and Human Services. (q) Effect on copyright law.—No clinical practice guideline, or previous version of such guideline, shall be regarded as a copyrightable work under the Copyright Act of 1976. (s) Lenience regarding modular or limited-scope guidelines.—If a guideline is extremely limited in scope, then it may be exempted from certain requirements under this section on account of brevity, provided that such a guideline is intended for use accompanied by at least one other guideline and the scope of such a guideline is too limited to allow the consideration of a requirement. No person shall enjoy protections as an applicable eligible professional under this section if such a professional does not practice either one clinical practice guideline which conforms to all requirements of such guidelines or multiple guidelines which comply with all requirements. Sec. 413. Medical supply chain security. (a) Additional manufacturer reporting for essential medical devices.—Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting “or device” after “a drug”; and (B) in the flush matter by inserting “or device” after “drug” each place such term appears; (2) in subsection (c), by inserting “and devices” after “drugs”; (3) in subsection (g)— (A) in the matter preceding paragraph (1), by striking “drug shortage of a drug” and inserting “shortage of a drug or device”; (B) in paragraph (1), by striking “; or” and inserting a semicolon; (C) by redesignating paragraph (2) as paragraph (3); (D) by inserting after paragraph (1) the following: “(2) expedite the review of a device subject to premarket approval under section 515 that could help mitigate or prevent such shortage; or”; and (E) in paragraph (3), as so redesignated, by striking “drug shortage” and inserting “shortage”; (4) in subsection (h)— (A) by amending paragraph (2) to read as follows: “(2) the term ‘shortage’, with respect to a drug or device, means a period of time when the demand or projected demand for the drug or device within the United States exceeds the supply of the drug or device; and”; and (B) in paragraph (3)(A), by inserting “or device” after “drug”; and (5) by adding at the end the following: “(j) Additional manufacturer reporting for essential drugs and devices.—Each manufacturer of a drug or device described in subsection (a) shall provide to the Food and Drug Administration, on an annual basis, or more frequently at the request of the Secretary, information related to the manufacturing capacity of such drug or device. Such information shall include— “(1) details about— “(A) all locations of production; “(B) the sourcing of all component parts; “(C) the sourcing of any active pharmaceutical ingredients; and “(D) the use of any scarce raw materials; and “(2) any other information determined by the Secretary to be relevant to the security of the supply chain of the drug or device.”. (b) Provision of additional information.—Section 506C–1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c–1) is amended— (1) in the heading, by striking “drug shortages” and inserting “drug or device shortages”; (2) by striking “drug shortages” each place it appears and inserting “drug or device shortages”; (3) in subsection (a)— (A) in paragraph (3)(B)— (i) in clause (i), by striking “section 506C(g)(1)” and inserting “paragraph (1) or (2) of section 506C(g)”; and (ii) in clause (ii), by striking “section 506C(g)(2)” and inserting “section 506C(g)(3)”; and (B) in paragraph (5), by striking “drug shortage” and inserting “drug or device shortage”; and (4) in subsection (c), by striking “‘drug shortage’ or”. Sec. 414. Healthcare lawsuits. (a) Statute of limitations.— (1) IN GENERAL.—Except as provided in paragraph (2), the time for the commencement of a health care lawsuit shall be, whichever occurs first of the following: (A) 3 years after the date of the occurrence of the breach or tort; (B) 3 years after the date the medical or health care treatment that is the subject of the claim is completed; (C) 1 year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury; (D) 2 years after a lawsuit becomes a legally available remedy for such an action, regardless of whether a prior limitation would restrict standing. (2) TOLLING.—In no event shall the time for commencement of a health care lawsuit exceed 3 years after the date of the occurrence of the breach or tort or 3 years after the date the medical or health care treatment that is the subject of the claim is completed (whichever occurs first) unless tolled for any of the following— (A) upon proof of fraud; (B) intentional concealment; or (C) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. (3) ACTIONS BY A MINOR.—Actions by a minor shall be commenced within 3 years after the date of the occurrence of the breach or tort or 3 years after the date of the medical or health care treatment that is the subject of the claim is completed (whichever occurs first) except that actions by a minor under the full age of 6 years shall be commenced within 3 years after the date of the occurrence of the breach or tort, 3 years after the date of the medical or health care treatment that is the subject of the claim is completed, or 1 year after the injury is discovered, or through the use of reasonable diligence should have been discovered, or prior to the minor’s 8th birthday, whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which a parent or guardian and a health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor. (4) State flexibility.—No provision of this subsection shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that— (A) specifies a time period of less than 3 years after the date of injury or less than 1 year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury, for the filing of a health care lawsuit; (B) that specifies a different time period for the filing of lawsuits by a minor; (C) that triggers the time period based on the date of the alleged negligence; or (D) establishes a statute of repose for the filing of health care lawsuit. (b) Compensating patient injury.— (1) Unlimited amount of damages for actual economic losses in health care lawsuits.—In any health care lawsuit, nothing in this section shall limit a claimant’s recovery of the full amount of the available economic damages, notwithstanding the limitation in paragraph (2). (2) Additional noneconomic damages.—In any health care lawsuit, the amount of noneconomic damages, if available, shall not exceed $250,000, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought with respect to the same injury. (3) No discount of award for noneconomic damages.—For purposes of applying the limitation in paragraph (2), future noneconomic damages shall not be discounted to present value. The jury shall not be informed about the maximum award for noneconomic damages. An award for noneconomic damages in excess of $250,000 shall be reduced either before the entry of judgment, or by amendment of the judgment after entry of judgment, and such reduction shall be made before accounting for any other reduction in damages required by law. If separate awards are rendered for past and future noneconomic damages and the combined awards exceed $250,000, the future noneconomic damages shall be reduced first. (4) Fair share rule.—In any health care lawsuit, each party shall be liable for that party’s several share of any damages only and not for the share of any other person. Each party shall be liable only for the amount of damages allocated to such party in direct proportion to such party’s percentage of responsibility. Whenever a judgment of liability is rendered as to any party, a separate judgment shall be rendered against each such party for the amount allocated to such party. For purposes of this subsection, the trier of fact shall determine the proportion of responsibility of each party for the claimant’s harm. (5) State flexibility.—No provision of this subsection shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that specifies a particular monetary amount of economic or noneconomic damages (or the total amount of damages) that may be awarded in a health care lawsuit, regardless of whether such monetary amount is greater or lesser than is provided for under this subsection. (c) Court supervision of share of damages actually paid to claimants.—In any health care lawsuit, the court shall supervise the arrangements for payment of damages to protect against conflicts of interest that may have the effect of reducing the amount of damages awarded that are actually paid to claimants. In particular, in any health care lawsuit in which the attorney for a party claims a financial stake in the outcome by virtue of a contingent fee, the court shall have the power to restrict the payment of a claimant’s damage recovery to such attorney, and to redirect such damages to the claimant based upon the interests of justice and principles of equity. In no event shall the total of all contingent fees for representing all claimants in a health care lawsuit exceed the following limits: (1) Forty percent of the first $50,000 recovered by the claimant(s). (2) Thirty-three and one-third percent of the next $50,000 recovered by the claimant(s). (3) Twenty-five percent of the next $500,000 recovered by the claimant(s). (4) Fifteen percent of any amount by which the recovery by the claimant(s) is in excess of $600,000. (d) Applicability.—The limitations in subsection (c) shall apply whether the recovery is by judgment, settlement, mediation, arbitration, or any other form of alternative dispute resolution. In a health care lawsuit involving a minor or incompetent person, a court retains the authority to authorize or approve a fee that is less than the maximum permitted under this subsection. The requirement for court supervision in the first two sentences of subsection (a) applies only in civil actions. (e) State flexibility.—No provision of subsection (c) shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that specifies a lesser percentage or lesser total value of damages which may be claimed by an attorney representing a claimant in a health care lawsuit. (f) Authorization of payment of future damages to claimants in health care lawsuits.—In any health care lawsuit, if an award of future damages, without reduction to present value, equaling or exceeding $50,000 is made against a party with sufficient insurance or other assets to fund a periodic payment of such a judgment, the court shall, at the request of any party, enter a judgment ordering that the future damages be paid by periodic payments, in accordance with the Uniform Periodic Payment of Judgments Act promulgated by the National Conference of Commissioners on Uniform State Laws. This subsection applies to all actions which have not been first set for trial or retrial before the effective date of this Act. No provision of this subsection shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that specifies periodic payments for future damages at any amount other than $50,000 or that mandates such payments absent the request of either party. (g) Product liability for health care providers.—A health care provider who prescribes, or who dispenses pursuant to a prescription, a medical product approved, licensed, or cleared by the Food and Drug Administration shall not be named as a party to a product liability lawsuit involving such product and shall not be liable to a claimant in a class action lawsuit against the manufacturer, distributor, or seller of such product. (h) Definitions.—In this Act: (1) ALTERNATIVE DISPUTE RESOLUTION SYSTEM; ADR.—The term “alternative dispute resolution system” or “ADR” means a system that provides for the resolution of health care lawsuits in a manner other than through a civil action brought in a State or Federal court. (2) CLAIMANT.—The term “claimant” means any person who brings a health care lawsuit, including a person who asserts or claims a right to legal or equitable contribution, indemnity, or subrogation, arising out of a health care liability claim or action, and any person on whose behalf such a claim is asserted or such an action is brought, whether deceased, incompetent, or a minor. (3) COLLATERAL SOURCE BENEFITS.—The term “collateral source benefits” means any amount paid or reasonably likely to be paid in the future to or on behalf of the claimant, or any service, product, or other benefit provided or reasonably likely to be provided in the future to or on behalf of the claimant, as a result of the injury or wrongful death, pursuant to— (A) any State or Federal health, sickness, income-disability, accident, or workers’ compensation law; (B) any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage; (C) any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or income-disability benefits; and (D) any other publicly or privately funded program. (4) CONTINGENT FEE.—The term “contingent fee” includes all compensation to any person or persons which is payable only if a recovery is effected on behalf of one or more claimants. (5) ECONOMIC DAMAGES.—The term “economic damages” means objectively verifiable monetary losses incurred as a result of the provision or use of (or failure to provide or use) health care services or medical products, such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, and loss of business or employment opportunities, unless otherwise defined under applicable State law. In no circumstances shall damages for health care services or medical products exceed the amount actually paid or incurred by or on behalf of the claimant. (6) FUTURE DAMAGES.—The term “future damages” means any damages that are incurred after the date of judgment, settlement, or other resolution (including mediation, or any other form of alternative dispute resolution). (7) HEALTH CARE LAWSUIT.—The term “health care lawsuit” means any health care liability claim concerning the provision of goods or services for which coverage was provided in whole or in part via a Federal program, subsidy or tax benefit, or any health care liability action concerning the provision of goods or services for which coverage was provided in whole or in part via a Federal program, subsidy or tax benefit, brought in a State or Federal court or pursuant to an alternative dispute resolution system, against a health care provider regardless of the theory of liability on which the claim is based, or the number of claimants, plaintiffs, defendants, or other parties, or the number of claims or causes of action, in which the claimant alleges a health care liability claim. Such term does not include a claim or action which is based on criminal liability; which seeks civil fines or penalties paid to Federal, State, or local government; or which is grounded in antitrust. (8) HEALTH CARE LIABILITY ACTION.—The term “health care liability action” means a civil action brought in a State or Federal court or pursuant to an alternative dispute resolution system, against a health care provider regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action, in which the claimant alleges a health care liability claim. (9) HEALTH CARE LIABILITY CLAIM.—The term “health care liability claim” means a demand by any person, whether or not pursuant to ADR, against a health care provider, including, but not limited to, third-party claims, cross-claims, counter-claims, or contribution claims, which are based upon the provision or use of (or the failure to provide or use) health care services or medical products, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action. (10) HEALTH CARE PROVIDER.—The term “health care provider” means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation, as well as any other individual or entity defined as a health care provider, health care professional, or health care institution under State law. (11) HEALTH CARE SERVICES.—The term “health care services” means the provision of any goods or services (including safety, professional, or administrative services directly related to health care) by a health care provider, or by any individual working under the supervision of a health care provider, that relates to the diagnosis, prevention, or treatment of any human disease or impairment, or the assessment or care of the health of human beings. (12) MEDICAL PRODUCT.—The term “medical product” means a drug, device, or biological product intended for humans, and the terms “drug”, “device”, and “biological product” have the meanings given such terms in sections 201(g)(1) and 201(h) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321(g)(1) and (h)) and section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)), respectively, including any component or raw material used therein, but excluding health care services. (13) NONECONOMIC DAMAGES.—The term “noneconomic damages” means damages for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature incurred as a result of the provision or use of (or failure to provide or use) health care services or medical products, unless otherwise defined under applicable State law. (14) RECOVERY.—The term “recovery” means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim, including all costs paid or advanced by any person. Costs of health care incurred by the plaintiff and the attorneys’ office overhead costs or charges for legal services are not deductible disbursements or costs for such purpose. (15) REPRESENTATIVE.—The term “representative” means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a medical power of attorney, or any person recognized in law or custom as a patient’s agent. (16) STATE.—The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States, or any political subdivision thereof. (i) Effect on other laws.— (1) Vaccine injury.— (A) To the extent that title XXI of the Public Health Service Act establishes a Federal rule of law applicable to a civil action brought for a vaccine-related injury or death— (i) this section does affect the application of the rule of law to such an action, except that no defendant in a vaccine injury case may take advantage of this section until after 2034; and (ii) any rule of law prescribed by this section in conflict with a rule of law of such title XXI shall apply to such action. (2) If there is an aspect of a civil action brought for a vaccine-related injury or death to which a Federal rule of law under title XXI of the Public Health Service Act does not apply, then this Act or otherwise applicable law (as determined under this section) will apply to such aspect of such action. (2) Other Federal law.—Except as provided in this subsection, nothing in this Act shall be deemed to prohibit any defense available to a defendant in a health care lawsuit or action under any other provision of Federal law. (j) Rules of construction.— (1) Health care lawsuits.—Unless otherwise specified in this section, the provisions governing health care lawsuits set forth in this section preempt, subject to paragraphs (2) and (3), State law to the extent that State law prevents the application of any provisions of law established by or under this Act. The provisions governing health care lawsuits set forth in this Act supersede chapter 171 of title 28, United States Code, to the extent that such chapter— (A) provides for a greater amount of damages or contingent fees, a longer period in which a health care lawsuit may be commenced, or a reduced applicability or scope of periodic payment of future damages, than provided in this Act; or (B) prohibits the introduction of evidence regarding collateral source benefits, or mandates or permits subrogation or a lien on collateral source benefits. (2) Protection of States’ rights and other laws.—Any issue that is not governed by any provision of law established by or under this Act (including State standards of negligence) shall be governed by otherwise applicable State or Federal law. (3) State Flexibility.—No provision of this section shall be construed to preempt any defense available to a party in a health care lawsuit under any other provision of State or Federal law. (k) Effective date.—This ssection shall apply to any health care lawsuit brought in a Federal or State court, or subject to an alternative dispute resolution system, that is initiated on or after the date of the enactment of this Act, except that any health care lawsuit arising from an injury occurring prior to the date of the enactment of this Act shall be governed by the applicable statute of limitations provisions in effect at the time the cause of action accrued. (l) Limitation on expert witness testimony.— (1) In general.—Unless such person is an eligible professional organization or an authorized representative of one describing clinical practice guidelines, diagnostic guidelines, or other guidelines currently established through an agreement with the Secretary of Health and Human Services under section 415 of this Act, no person in a health care profession requiring licensure under the laws of a State or under the laws of any Territory of the United States shall be competent to testify in any court of law to establish the following facts— (A) the recognized standard of acceptable professional practice and the specialty thereof, if any, that the defendant practices, which shall be the type of acceptable professional practice recognized in the defendant’s community or in a community similar to the defendant’s community that was in place at the time the alleged injury or wrongful action occurred; (B) that the defendant acted with less than or failed to act with ordinary and reasonable care in accordance with the recognized standard; and (C) that as a proximate result of the defendant’s negligent act or omission, the claimant suffered injuries which would not otherwise have occurred, unless the person was licensed to practice, in the State or a contiguous bordering State, a profession or specialty which would make the person’s expert testimony relevant to the issues in the case and had practiced this profession or specialty in one of these States during the year preceding the date that the alleged injury or wrongful act occurred. (2) Applicability.—The requirements set forth in this subsection shall also apply to expert witnesses testifying for the defendant as rebuttal witnesses. (3) Waiver authority.—The court may waive the requirements in this subsection if it determines that the appropriate witnesses otherwise would not be available. (m) Provider communications.—In any health care liability action, any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence which are made by a health care provider or an employee of a health care provider to the patient, a relative of the patient, or a representative of the patient and which relate to the discomfort, pain, suffering, injury, or death of the patient as the result of the unanticipated outcome of medical care shall be inadmissible for any purpose as evidence of an admission of liability or as evidence of an admission against interest. No provision of this subsection shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that makes additional communications inadmissible as evidence of an admission of liability or as evidence of an admission against interest. (n) Expert witness qualifications.—In any health care lawsuit, an individual shall not give expert testimony on the appropriate standard of practice or care involved unless the individual is licensed as a health professional in one or more States and the individual meets the following criteria: (1) If the party against whom or on whose behalf the testimony is to be offered is or claims to be a specialist, the expert witness shall specialize at the time of the occurrence that is the basis for the lawsuit in the same specialty or claimed specialty as the party against whom or on whose behalf the testimony is to be offered. If the party against whom or on whose behalf the testimony is to be offered is or claims to be a specialist who is board certified, the expert witness shall be a specialist who is board certified in that specialty or claimed specialty. (2) During the 1-year period immediately preceding the occurrence of the action that gave rise to the lawsuit, the expert witness shall have devoted a majority of the individual’s professional time to one or more of the following: (A) The active clinical practice of the same health profession as the defendant and, if the defendant is or claims to be a specialist, in the same specialty or claimed specialty. (B) The instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession as the defendant and, if the defendant is or claims to be a specialist, in an accredited health professional school or accredited residency or clinical research program in the same specialty or claimed specialty. (3) If the defendant is a general practitioner, the expert witness shall have devoted a majority of the witness’s professional time in the 1-year period preceding the occurrence of the action giving rise to the lawsuit to one or more of the following: (A) Active clinical practice as a general practitioner. (B) Instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession as the defendant. (o) Lawsuits against entities.—If the defendant in a health care lawsuit is an entity that employs a person against whom or on whose behalf the testimony is offered, the provisions of subsection (n) apply as if the person were the party or defendant against whom or on whose behalf the testimony is offered. Nothing in this subsection or in subsection (n) shall limit the power of the trial court in a health care lawsuit to disqualify an expert witness on grounds other than the qualifications set forth under this subsection. (p) Limitation.—An expert witness in a health care lawsuit shall not be permitted to testify if the fee of the witness is in any way contingent on the outcome of the lawsuit. No provision of this subsection or in subsections (l), (n), or (o) shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that places additional qualification requirements upon any individual testifying as an expert witness. (q) Affidavit of merit.— (1) Required filing.—Subject to paragraph (2), the plaintiff in a health care lawsuit alleging negligence or, if the plaintiff is represented by an attorney, the plaintiff’s attorney shall file simultaneously with the health care lawsuit an affidavit of merit signed by a health professional who meets the requirements for an expert witness under this subsection. The affidavit of merit shall certify that the health professional has reviewed the notice and all medical records supplied to him or her by the plaintiff’s attorney concerning the allegations contained in the notice and shall contain a statement of each of the following: (A) The applicable standard of practice or care. (B) The health professional’s opinion that the applicable standard of practice or care was breached by the health professional or health facility receiving the notice. (C) The actions that should have been taken or omitted by the health professional or health facility in order to have complied with the applicable standard of practice or care. (D) The manner in which the breach of the standard of practice or care was the proximate cause of the injury alleged in the notice. (E) A listing of the medical records reviewed. (2) Filing extension.—Upon motion of a party for good cause shown, the court in which the complaint is filed may grant the plaintiff or, if the plaintiff is represented by an attorney, the plaintiff’s attorney an additional 28 days in which to file the affidavit required under subsection (a). (3) State flexibility.—No provision of this subsection shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that establishes additional requirements for the filing of an affidavit of merit or similar pre-litigation documentation. (s) Notice of intent to commence lawsuit.— (1) Advance notice.—A person shall not commence a health care lawsuit against a health care provider unless the person has given the health care provider 90 days written notice before the action is commenced. (2) Exceptions.—A health care lawsuit against a health care provider filed within 6 months of the statute of limitations expiring as to any claimant, or within 1 year of the statute of repose expiring as to any claimant, shall be exempt from compliance with this subsection. (3) State flexibility.—No provision of this subsection shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that establishes a different time period for the filing of written notice. Sec. 415. Protection against political discrimination. (a) In General.—Section 1128 of the Social Security Act (42 U.S.C. 1320a–7) is amended— (1) in subsection (a), by adding at the end the following new paragraph: “(5) FAILURE TO PROVIDE CARE BASED ON COVERED STATEMENT.— “(A) IN GENERAL.—Any individual or entity that the Secretary determines has failed to furnish items or services to a patient based on a covered statement (as defined in subsection (k)) made by such patient. “(B) ENFORCEMENT.—Not later than 6 months after the date of enactment of this paragraph, the Secretary shall establish a process under which the Office of Civil Rights of the Department of Health and Human Services shall investigate a claim of failure to provide care based on a covered statement (as described in subparagraph (A)).”; (2) in subsection (c)(3)— (A) in subparagraph (B), by striking “subparagraph (G)” and inserting “subparagraphs (G) and (H)”; and (B) by adding at the end the following new subparagraph: “(H) (i) Subject to clause (ii), in the case of an exclusion of an individual or entity under subsection (a)(5), the period of such exclusion from a Federal health program and a State health program shall be not less than 1 year. “(ii) In the case of an exclusion of an individual or entity under subsection (a)(5), if such failure to furnish items or services causes a patient to be in violation of a public health emergency declared under section 319 of the Public Health Service Act, the period of the exclusion from a Federal health program and a State health program shall be not less than 2 years.”; and (3) by adding at the end the following new subsection: “(k) Definitions.—For purposes of subsection (a)(5): “(1) AFFILIATED ORGANIZATION.—The term ‘affiliated organization’ means an organization that is operated, supervised, or controlled by or in connection with a political party. “(2) COVERED STATEMENT.— “(A) IN GENERAL.—Subject to subparagraph (B), the term ‘covered statement’ means a written or oral statement that— “(i) expresses support of, or endorses, a national political party, State political party, or an affiliated organization; “(ii) expresses support of, or affiliation with, a special interest group that may have a political message, including related to the medical profession in any way; or “(iii) denigrates, disagrees with, or disparages the political views of a national political party, a State political party, an affiliated organization, or a special interest group that may have a political message, including related to the medical profession in any way. “(B) EXCEPTION.—A ‘covered statement’ does not include the following: “(i) A crime of violence (as such term is defined in section 16 of title 18, United States Code). “(ii) Harassment. “(iii) Incitement of violence or harassment. “(3) HARASSMENT.—The term ‘harassment’ means the targeting of an individual or entity with behavior meant to alarm, annoy, torment, or terrorize such individual or entity, including by directing abuse towards groups protected under title VII of the Civil Rights Act of 1964, in a manner that causes such individual or entity to feel reasonable fear for the safety of such individual or entity, or the family or property of such individual or entity. “(4) INCITEMENT.—The term ‘incitement’ means the urging of an individual to commit a criminal offense under Federal or State law. “(5) SPECIAL INTEREST GROUP.—The term ‘special interest group’ means an organization with a political, cultural, or religious message that is not operated, supervised, or controlled by a political party.”. (b) Effective Date.—The amendments made by subsection (a) shall apply with respect to items or services furnished seven months after the date of enactment of this Act, except that for corporations all amendments made by this section shall be retroactively enforced. Sec. 416. Non-invasive diagnostics. Section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)) is amended— (1) in the second sentence by inserting before the period at the end the following: “or any non-invasive diagnostic device”; and (2) by adding at the end the following: “For purposes of the preceding sentence, the term ‘non-invasive’ means, with respect to a diagnostic device, that the device does not penetrate the skin or any other membrane of the body, is not inserted or implanted into the body, causes no more than ephemeral compression or temperature changes to in situ bodily tissues, and does not subject bodily tissues to ionizing radiation.”. Sec. 417. Patient visitation rights. Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended— (1) in subsection (e)— (A) in paragraph (8), by striking “and” at the end; (B) by redesignating paragraph (9) as paragraph (10); (C) by inserting after paragraph (8) the following new paragraph: “(9) has written policies and procedures regarding the visitation rights of individuals receiving items and services at the institution, which shall include a description of any clinically necessary or reasonable restriction or limitation that such institution may need to place on such rights and the reasons for the clinical restriction or limitation, and a requirement that such institution— “(A) inform each such individual of his or her visitation rights, including any clinical restriction or limitation on such rights; “(B) inform each such individual of the right, subject to the individual’s consent, to receive the visitors whom the individual designates, including a spouse, another family member, or a friend, and the individual’s right to withdraw or deny such consent at any time; “(C) may not restrict, limit, or otherwise deny visitation privileges on the basis of race, color, national origin, religion, sex, or disability; and “(D) ensure that all visitors enjoy full and equal visitation privileges consistent with this paragraph; and”; and (D) in the matter following paragraph (10), as redesignated, by striking “paragraph (9)” each place it appears and inserting “paragraph (10)” in each such place; and (2) in subsection (f), by striking “(9)” and inserting “(10)”. Sec. 418. Abolition of certificates of need. Notwithstanding any other provision of law (including any contradictory law of any State, Territory, or District) there shall be no need for any new medical establishment or business to prove any need for its services in any area. Sec. 419. Deregulation of medical devices used in breast improvement treatments. Any medical device with realistic potential for cosmetic use (including breast implants) which was authorized and approved on January 1, 2026 for purposes which may be included under the definition of aesthetic treatment under 26 U.S.C. 5892 shall be approved by the Secretary of Health and Human Services for any other aesthetic treatment and, if applicable and reasonable, for general cosmetic purposes by January 2, 2028. Any appeal relevant to this section must be filed by March 15, 2028 with the District Court for the District of Columbia and will be subject to a fee of $100,000. Subtitle B—Regulatory Reform for Health Insurance and Exchanges Sec. 421. Increasing competition in insurance exchange. (a) A new subchapter IV is created at the end of Chapter 156 of Title 42 of the United States Code which is titled “Health insurance exchanges”. (b) Within subchapter IV of Chapter 156 of Title 42, a new section 17961 shall be inserted as follows— “17961. Federally-authorized health insurance exchanges” “(a) The following shall be defined as federally-authorized health insurance exchanges— “(1) State-operated exchanges which are compliant with Federal law. “(2) Privately-operated exchanges registered with the Department of Health and Human Services. “(3) Any exchanges operated by the Federal government. “(b) Federally-authorized health insurance exchanges must provide any and all information relevant to Federal tax law, including such information that may be relevant for tax purposes, and shall pay an occupational tax established by the Secretary of Health and Human Services. “(c) The Department of Health and Human Services will commence operation of a directory of federally-authorized health insurance exchanges, which may be funded by use of any acceptable business practices permitted by Federal law, prior to July 4, 2028. “(d) Subsection (c) does not preclude the operation of directories or other means of helping to expand awareness of exchanges by other organizations. “(e) The Secretary of Health and Human Services, with the input of the Secretary of Commerce, shall establish necessary security standards and regulations for federally-authorized health insurance exchanges. These regulations shall protect private information from persons based on criminal and civil records. Notwithstanding any requirements to the contrary, no person ever convicted of a felony which involving the theft of personal information may be employed in a capacity where any consumer's personal information shall be accessible at a federally-authorized insurance exchange or at any related Federal agency. “(f) The Secretary of Health and Human Services shall provide regulations intended to ensure transparency on federally-authorized health insurance exchanges. “(g) No law shall restrict the ability of federally-authorized health insurance exchanges to specify any enrollment period, including to allow enrollment at any time. “(h) Nothing in this subchapter shall be construed as preventing appropriate regulation of federally-authorized health insurance exchanges for compliance with any law. “(i) Federally-authorized health insurance exchanges shall be treated as individual markets, group markets, or otherwise subjected to similar regulations or regulations applied to both by the Secretary. “(j) The Secretary may issue special regulations, including regulatory exemptions, to enable the operation of startups with innovative interests in such regulations, provided that such regulations do not harm consumers. “(k) Any State or Territorial law which prohibits privately-operated exchanges is pereempted.” Sec. 422. Interstate purchasing of health insurance. (a) In General.—Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended by adding at the end the following new part: “PART D—Cooperative Governing of Individual Health Insurance Coverage “Sec. 2795. Definitions. “In this part: “(1) PRIMARY STATE.—The term ‘primary State’ means, with respect to individual health insurance coverage offered by a health insurance issuer, the State designated by the issuer as the State whose covered laws shall govern the health insurance issuer in the sale of such coverage under this part. An issuer, with respect to a particular policy, may only designate one such State as its primary State with respect to all such coverage it offers. Such an issuer may not change the designated primary State with respect to individual health insurance coverage once the policy is issued, except that such a change may be made upon renewal of the policy. With respect to such designated State, the issuer is deemed to be doing business in that State. “(2) SECONDARY STATE.—The term ‘secondary State’ means, with respect to individual health insurance coverage offered by a health insurance issuer, any State that is not the primary State. In the case of a health insurance issuer that is selling a policy in, or to a resident of, a secondary State, the issuer is deemed to be doing business in that secondary State. “(3) HEALTH INSURANCE ISSUER.—The term ‘health insurance issuer’ has the meaning given such term in section 2791(b)(2), except that such an issuer must be licensed in the primary State and be qualified to sell individual health insurance coverage in that State. “(4) INDIVIDUAL HEALTH INSURANCE COVERAGE.—The term ‘individual health insurance coverage’ means health insurance coverage offered in the individual market, as defined in section 2791(e)(1). “(5) APPLICABLE STATE AUTHORITY.—The term ‘applicable State authority’ means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of this title for the State with respect to the issuer. “(6) HAZARDOUS FINANCIAL CONDITION.—The term ‘hazardous financial condition’ means that, based on its present or reasonably anticipated financial condition, a health insurance issuer is unlikely to be able— “(A) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or “(B) to pay other obligations in the normal course of business. “(7) COVERED LAWS.— “(A) IN GENERAL.—The term ‘covered laws’ means the laws, rules, regulations, agreements, and orders governing the insurance business pertaining to— “(i) individual health insurance coverage issued by a health insurance issuer; “(ii) the offer, sale, rating (including medical underwriting), renewal, and issuance of individual health insurance coverage to an individual; “(iii) the provision to an individual in relation to individual health insurance coverage of health care and insurance related services; “(iv) the provision to an individual in relation to individual health insurance coverage of management, operations, and investment activities of a health insurance issuer; and “(v) the provision to an individual in relation to individual health insurance coverage of loss control and claims administration for a health insurance issuer with respect to liability for which the issuer provides insurance. “(B) EXCEPTION.—Such term does not include any law, rule, regulation, agreement, or order governing the use of care or cost management techniques, including any requirement related to provider contracting, network access or adequacy, health care data collection, or quality assurance. “(8) STATE.—The term ‘State’ means the 50 States and includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. “(9) UNFAIR CLAIMS SETTLEMENT PRACTICES.—The term ‘unfair claims settlement practices’ means only the following practices: “(A) Knowingly misrepresenting to claimants and insured individuals relevant facts or policy provisions relating to coverage at issue. “(B) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under policies. “(C) Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under policies. “(D) Failing to effectuate prompt, fair, and equitable settlement of claims submitted in which liability has become reasonably clear. “(E) Refusing to pay claims without conducting a reasonable investigation. “(F) Failing to affirm or deny coverage of claims within a reasonable period of time after having completed an investigation related to those claims. “(G) A pattern or practice of compelling insured individuals or their beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them. “(H) A pattern or practice of attempting to settle or settling claims for less than the amount that a reasonable person would believe the insured individual or his or her beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application. “(I) Attempting to settle or settling claims on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured. “(J) Failing to provide forms necessary to present claims within 15 calendar days of a requests with reasonable explanations regarding their use. “(K) Attempting to cancel a policy in less time than that prescribed in the policy or by the law of the primary State. “(10) FRAUD AND ABUSE.—The term ‘fraud and abuse’ means an act or omission committed by a person who, knowingly and with intent to defraud, commits, or conceals any material information concerning, one or more of the following: “(A) Presenting, causing to be presented or preparing with knowledge or belief that it will be presented to or by an insurer, a reinsurer, broker or its agent, false information as part of, in support of or concerning a fact material to one or more of the following: “(i) An application for the issuance or renewal of an insurance policy or reinsurance contract. “(ii) The rating of an insurance policy or reinsurance contract. “(iii) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract. “(iv) Premiums paid on an insurance policy or reinsurance contract. “(v) Payments made in accordance with the terms of an insurance policy or reinsurance contract. “(vi) A document filed with the commissioner or the chief insurance regulatory official of another jurisdiction. “(vii) The financial condition of an insurer or reinsurer. “(viii) The formation, acquisition, merger, reconsolidation, dissolution or withdrawal from one or more lines of insurance or reinsurance in all or part of a State by an insurer or reinsurer. “(ix) The issuance of written evidence of insurance. “(x) The reinstatement of an insurance policy. “(B) Solicitation or acceptance of new or renewal insurance risks on behalf of an insurer reinsurer or other person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction. “(C) Transaction of the business of insurance in violation of laws requiring a license, certificate of authority or other legal authority for the transaction of the business of insurance. “(D) Attempt to commit, aiding or abetting in the commission of, or conspiracy to commit the acts or omissions specified in this paragraph. “Sec. 2796. Application of law. “(a) In General.—The covered laws of the primary State shall apply to individual health insurance coverage offered by a health insurance issuer in the primary State and in any secondary State, but only if the coverage and issuer comply with the conditions of this section with respect to the offering of coverage in any secondary State. “(b) Exemptions From Covered Laws in a Secondary State.—Except as provided in this section, a health insurance issuer with respect to its offer, sale, rating (including medical underwriting), renewal, and issuance of individual health insurance coverage in any secondary State is exempt from any covered laws of the secondary State (and any rules, regulations, agreements, or orders sought or issued by such State under or related to such covered laws) to the extent that such laws would— “(1) make unlawful, or regulate, directly or indirectly, the operation of the health insurance issuer operating in the secondary State, except that any secondary State may require such an issuer— “(A) to pay, on a nondiscriminatory basis, applicable premium and other taxes (including high risk pool assessments) which are levied on insurers and surplus lines insurers, brokers, or policyholders under the laws of the State; “(B) to register with and designate the State insurance commissioner as its agent solely for the purpose of receiving service of legal documents or process; “(C) to submit to an examination of its financial condition by the State insurance commissioner in any State in which the issuer is doing business to determine the issuer’s financial condition, if— “(i) the State insurance commissioner of the primary State has not done an examination within the period recommended by the National Association of Insurance Commissioners; and “(ii) any such examination is conducted in accordance with the examiners’ handbook of the National Association of Insurance Commissioners and is coordinated to avoid unjustified duplication and unjustified repetition; “(D) to comply with a lawful order issued— “(i) in a delinquency proceeding commenced by the State insurance commissioner if there has been a finding of financial impairment under subparagraph (C); or “(ii) in a voluntary dissolution proceeding; “(E) to comply with an injunction issued by a court of competent jurisdiction, upon a petition by the State insurance commissioner alleging that the issuer is in hazardous financial condition; “(F) to participate, on a nondiscriminatory basis, in any insurance insolvency guaranty association or similar association to which a health insurance issuer in the State is required to belong; “(G) to comply with any State law regarding fraud and abuse (as defined in section 2795(10)), except that if the State seeks an injunction regarding the conduct described in this subparagraph, such injunction must be obtained from a court of competent jurisdiction; “(H) to comply with any State law regarding unfair claims settlement practices (as defined in section 2795(9)); or “(I) to comply with the applicable requirements for independent review under section 2798 with respect to coverage offered in the State; “(2) require any individual health insurance coverage issued by the issuer to be countersigned by an insurance agent or broker residing in that Secondary State; “(2) regulate or prohibit applicable luxury health plans as defined by 26 U.S.C. 4378; or “(4) otherwise discriminate against the issuer issuing insurance in both the primary State and in any secondary State. “(c) Clear and Conspicuous Disclosure.—A health insurance issuer shall provide the following notice, via mail or online notification, in any insurance coverage offered in a secondary State under this part by such a health insurance issuer and at renewal of the policy, with the 5 blank spaces therein being appropriately filled with the name of the health insurance issuer, the name of primary State, the name of the secondary State, the name of the secondary State, and the name of the secondary State, respectively, for the coverage concerned: This policy is issued by _____ and is governed by the laws and regulations of the State of _____, and it has met all the laws of that State as determined by that State’s Department of Insurance. This policy may be less expensive than others because it is not subject to all of the insurance laws and regulations of the State of _____, including coverage of some services or benefits mandated by the law of the State of _____. Additionally, this policy is not subject to all of the consumer protection laws or restrictions on rate changes of the State of _____. As with all insurance products, before purchasing this policy, you should carefully review the policy and determine what health care services the policy covers and what benefits it provides, including any exclusions, limitations, or conditions for such services or benefits. “(d) Prohibition on Certain Reclassifications and Premium Increases.— “(1) IN GENERAL.—For purposes of this section, a health insurance issuer that provides individual health insurance coverage to an individual under this part in a primary or secondary State may not upon renewal— “(A) move or reclassify the individual insured under the health insurance coverage from the class such individual is in at the time of issue of the contract based on the health-status related factors of the individual; or “(B) increase the premiums assessed the individual for such coverage based on a health status-related factor or change of a health status-related factor or the past or prospective claim experience of the insured individual. “(2) CONSTRUCTION.—Nothing in paragraph (1) shall be construed to prohibit a health insurance issuer— “(A) from terminating or discontinuing coverage or a class of coverage in accordance with subsections (b) and (c) of section 2742; “(B) from raising premium rates for all policy holders within a class based on claims experience; “(C) from changing premiums or offering discounted premiums to individuals who engage in wellness activities at intervals prescribed by the issuer, if such premium changes or incentives— “(i) are disclosed to the consumer in the insurance contract; “(ii) are based on specific wellness activities that are not applicable to all individuals; and “(iii) are not obtainable by all individuals to whom coverage is offered; “(D) from reinstating lapsed coverage; or “(E) from retroactively adjusting the rates charged an insured individual if the initial rates were set based on material misrepresentation by the individual at the time of issue. “(e) Prior Offering of Policy in Primary State.—A health insurance issuer may not offer for sale individual health insurance coverage in a secondary State unless that coverage is currently offered for sale in the primary State. “(f) Licensing of Agents or Brokers for Health Insurance Issuers.—Any State may require that a person acting, or offering to act, as an agent or broker for a health insurance issuer with respect to the offering of individual health insurance coverage obtain a license from that State, with commissions or other compensation subject to the provisions of the laws of that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker. “(g) Documents for Submission to State Insurance Commissioner.—Each health insurance issuer issuing individual health insurance coverage in both primary and secondary States shall submit— “(1) to the insurance commissioner of each State in which it intends to offer such coverage, before it may offer individual health insurance coverage in such State— “(A) a copy of the plan of operation or feasibility study or any similar statement of the policy being offered and its coverage (which shall include the name of its primary State and its principal place of business); “(B) written notice of any change in its designation of its primary State; and “(C) written notice from the issuer of the issuer’s compliance with all the laws of the primary State; and “(2) to the insurance commissioner of each secondary State in which it offers individual health insurance coverage, a copy of the issuer’s quarterly financial statement submitted to the primary State, which statement shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by— “(A) a member of the American Academy of Actuaries; or “(B) a qualified loss reserve specialist. “(h) Power of Courts To Enjoin Conduct.—Nothing in this section shall be construed to affect the authority of any Federal or State court to enjoin— “(1) the solicitation or sale of individual health insurance coverage by a health insurance issuer to any person or group who is not eligible for such insurance; or “(2) the solicitation or sale of individual health insurance coverage that violates the requirements of the law of a secondary State which are described in subparagraphs (A) through (H) of section 2796(b)(1). “(i) Power of Secondary States To Take Administrative Action.—Nothing in this section shall be construed to affect the authority of any State to enjoin conduct in violation of that State’s laws described in section 2796(b)(1). “(j) State Powers To Enforce State Laws.— “(1) IN GENERAL.—Subject to the provisions of subsection (b)(1)(G) (relating to injunctions) and paragraph (2), nothing in this section shall be construed to affect the authority of any State to make use of any of its powers to enforce the laws of such State with respect to which a health insurance issuer is not exempt under subsection (b). “(2) COURTS OF COMPETENT JURISDICTION.—If a State seeks an injunction regarding the conduct described in paragraphs (1) and (2) of subsection (h), such injunction must be obtained from a Federal or State court of competent jurisdiction. “(3) STATE EXCHANGE MANAGEMENT.—States may choose to refrain from advertising policies for which they are not the primary State in their own State health insurance exchanges. “(k) States’ Authority To Sue.—Nothing in this section shall affect the authority of any State to bring action in any Federal or State court. “(l) Generally Applicable Laws.—Nothing in this section shall be construed to affect the applicability of State laws generally applicable to persons or corporations. “(m) Guaranteed Availability of Coverage to HIPAA Eligible Individuals.—To the extent that a health insurance issuer is offering coverage in a primary State that does not accommodate residents of secondary States or does not provide a working mechanism for residents of a secondary State, and the issuer is offering coverage under this part in such secondary State which has not adopted a qualified high risk pool as its acceptable alternative mechanism (as defined in section 2744(c)(2)), the issuer shall, with respect to any individual health insurance coverage offered in a secondary State under this part, comply with the guaranteed availability requirements for eligible individuals in section 2741. “Sec. 2797. Primary State must meet Federal floor before issuer may sell into secondary States. “A health insurance issuer may not offer, sell, or issue individual health insurance coverage in a secondary State if the State insurance commissioner does not use a risk-based capital formula for the determination of capital and surplus requirements for all health insurance issuers. “Sec. 2798. Independent external appeals procedures. “(a) Right to External Appeal.—A health insurance issuer may not offer, sell, or issue individual health insurance coverage in a secondary State under the provisions of this title unless— “(1) both the secondary State and the primary State have legislation or regulations in place establishing an independent review process for individuals who are covered by individual health insurance coverage, or “(2) in any case in which the requirements of subparagraph (A) are not met with respect to the either of such States, the issuer provides an independent review mechanism substantially identical (as determined by the applicable State authority of such State) to that prescribed in the ‘Health Carrier External Review Model Act’ of the National Association of Insurance Commissioners for all individuals who purchase insurance coverage under the terms of this part, except that, under such mechanism, the review is conducted by an independent medical reviewer, or a panel of such reviewers, with respect to whom the requirements of subsection (b) are met. “(b) Qualifications of Independent Medical Reviewers.—In the case of any independent review mechanism referred to in subsection (a)(2)— “(1) IN GENERAL.—In referring a denial of a claim to an independent medical reviewer, or to any panel of such reviewers, to conduct independent medical review, the issuer shall ensure that— “(A) each independent medical reviewer meets the qualifications described in paragraphs (2) and (3); “(B) with respect to each review, each reviewer meets the requirements of paragraph (4) and the reviewer, or at least 1 reviewer on the panel, meets the requirements described in paragraph (5); and “(C) compensation provided by the issuer to each reviewer is consistent with paragraph (6). “(2) LICENSURE AND EXPERTISE.—Each independent medical reviewer shall be a physician (allopathic or osteopathic) or health care professional who— “(A) is appropriately credentialed or licensed in 1 or more States to deliver health care services; and “(B) typically treats the condition, makes the diagnosis, or provides the type of treatment under review. “(3) INDEPENDENCE.— “(A) IN GENERAL.—Subject to subparagraph (B), each independent medical reviewer in a case shall— “(i) not be a related party (as defined in paragraph (7)); “(ii) not have a material familial, financial, or professional relationship with such a party; and “(iii) not otherwise have a conflict of interest with such a party (as determined under regulations). “(B) EXCEPTION.—Nothing in subparagraph (A) shall be construed to— “(i) prohibit an individual, solely on the basis of affiliation with the issuer, from serving as an independent medical reviewer if— “(I) a non-affiliated individual is not reasonably available; “(II) the affiliated individual is not involved in the provision of items or services in the case under review; “(III) the fact of such an affiliation is disclosed to the issuer and the enrollee (or authorized representative) and neither party objects; and “(IV) the affiliated individual is not an employee of the issuer and does not provide services exclusively or primarily to or on behalf of the issuer; “(ii) prohibit an individual who has staff privileges at the institution where the treatment involved takes place from serving as an independent medical reviewer merely on the basis of such affiliation if the affiliation is disclosed to the issuer and the enrollee (or authorized representative), and neither party objects; or “(iii) prohibit receipt of compensation by an independent medical reviewer from an entity if the compensation is provided consistent with paragraph (6). “(4) PRACTICING HEALTH CARE PROFESSIONAL IN SAME FIELD.— “(A) IN GENERAL.—In a case involving treatment, or the provision of items or services— “(i) by a physician, a reviewer shall be a practicing physician (allopathic or osteopathic) of the same or similar specialty, as a physician who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review; or “(ii) by a non-physician health care professional, the reviewer, or at least 1 member of the review panel, shall be a practicing non-physician health care professional of the same or similar specialty as the non-physician health care professional who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review. “(B) PRACTICING DEFINED.—For purposes of this paragraph, the term ‘practicing’ means, with respect to an individual who is a physician or other health care professional, that the individual provides health care services to individual patients on average at least 2 days per week. “(5) PEDIATRIC EXPERTISE.—In the case of an external review relating to a child, a reviewer shall have expertise under paragraph (2) in pediatrics. “(6) LIMITATIONS ON REVIEWER COMPENSATION.—Compensation provided by the issuer to an independent medical reviewer in connection with a review under this section shall— “(A) not exceed a reasonable level; and “(B) not be contingent on the decision rendered by the reviewer. “(7) RELATED PARTY DEFINED.—For purposes of this section, the term ‘related party’ means, with respect to a denial of a claim under a coverage relating to an enrollee, any of the following: “(A) The issuer involved, or any fiduciary, officer, director, or employee of the issuer. “(B) The enrollee (or authorized representative). “(C) The health care professional that provides the items or services involved in the denial. “(D) The institution at which the items or services (or treatment) involved in the denial are provided. “(E) The manufacturer of any drug or other item that is included in the items or services involved in the denial. “(F) Any other party determined under any regulations to have a substantial interest in the denial involved. “(8) DEFINITIONS.—For purposes of this subsection: “(A) ENROLLEE.—The term ‘enrollee’ means, with respect to health insurance coverage offered by a health insurance issuer, an individual enrolled with the issuer to receive such coverage. “(B) HEALTH CARE PROFESSIONAL.—The term ‘health care professional’ means an individual who is licensed, accredited, or certified under State law to provide specified health care services and who is operating within the scope of such licensure, accreditation, or certification. “Sec. 2799. Enforcement. “(a) In General.—Subject to subsection (b), with respect to specific individual health insurance coverage the primary State for such coverage has sole jurisdiction to enforce the primary State’s covered laws in the primary State and any secondary State. “(b) Secondary State’s Authority.—Nothing in subsection (a) shall be construed to affect the authority of a secondary State to enforce its laws as set forth in the exception specified in section 2796(b)(1). “(c) Court Interpretation.—In reviewing action initiated by the applicable secondary State authority, the court of competent jurisdiction shall apply the covered laws of the primary State. “(d) Notice of Compliance Failure.—In the case of individual health insurance coverage offered in a secondary State that fails to comply with the covered laws of the primary State, the applicable State authority of the secondary State may notify the applicable State authority of the primary State.”. (b) Effective Date.—The amendment made by subsection (a) shall apply to individual health insurance coverage offered, issued, or sold after the date that is one year after the date of the enactment of this Act. (c) GAO Ongoing Study and Reports.— (1) STUDY.—The Comptroller General of the United States shall conduct an ongoing study concerning the effect of the amendment made by subsection (a) on— (A) the number of uninsured and under-insured; (B) the availability and cost of health insurance policies for individuals with preexisting medical conditions; (C) the availability and cost of health insurance policies generally; (D) the elimination or reduction of different types of benefits under health insurance policies offered in different States; and (E) cases of fraud or abuse relating to health insurance coverage offered under such amendment and the resolution of such cases. (2) ANNUAL REPORTS.—The Comptroller General shall submit to Congress an annual report, after the end of each of the 5 years following the effective date of the amendment made by subsection (a), on the ongoing study conducted under paragraph (1). Sec. 423. Limits on coverage. The Public Health Service Act, as amended by this Act, is further amended by inserting a new section 2755 (42 U.S.C. 300gg-56) after section 2754 (42 U.S.C. 300gg-55) of such Act as follows— “2755. Limits on coverage. “(a) In general.—Unless otherwise permitted by this section, a health insurance issuer may not impose any annual or lifetime limits on health insurance coverage. “(b) State waivers.—A State may, through use of the Patient and State Stability Fund established by section 2202 of the Social Security Act, permit annual or lifetime limits on health insurance coverage. “(c) Territorial exception.—A Territory may, under the guidance of the Secretary of Health and Human Services, permit annual or lifetime limits, by use of the Territorial Risk Fund established by section 2206 of the Social Security Act. “(d) Transitional exception.—A health insurance issuer may, by participation in the Transitional High-Risk Patient Program established by section 2207 of the Social Security Act, allow such program to assume costs beyond an annual or lifetime limit which may be permitted by the Secretary of Health and Human Services acting through the Administrator of the Centers for Medicare & Medicaid Services. “(e) Additional requirements.—The Secretary may, as appropriate, establish restrictions on limits on health insurance coverage as may be necessary to— “(1) prevent overuse of the relevant funds and programs established by the Social Security Act, “(2) prevent health insurance issuers from committing fraudulent denial of coverage, and “(3) prohibit the continued use of limits based on potential exceptions which are no longer available. “(f) Over-Limit Requirement.—If no funds are provided through any Fund or Program referenced in this section on par with those funds which would otherwise be provided by a health insurance issuer, then no annual or lifetime limit may be permitted by this section.”. Sec. 424. Surprise billing prevention. (a) Insurance cost transparency.—The Public Health Service Act, as amended, is further amended by inserting a new section 2707 after section 2706 (as restored by this Act) as follows: “2707. Insurance cost transparency. “(a) Deductibles.—Any group health plan or health insurance coverage (henceforth called "insurance" in this section) must maintain a single standard deductible and must make such deductible available to all potential enrollees in advance. “(b) Premiums.—Any insurance must inform any potential or current enrollee of any premium (or change in premium) charged for health insurance. “(c) Copays.—Any insurance must inform any potential or current enrollee of any copays which may be charged. “(d) Ambulances.—Any insurance must inform any potential or current enrollee or any ambulance fees which may be charged. “(e) Enforcement.—The Secretary of Health and Human Services may establish regulations to enforce this section and to require additional transparency for insurance costs.”. (b) Equal coverage for emergency bills.—The Public Health Service Act, as amended, is further amended by inserting a new section 2708 after section 2707 (as created by this Act) as follows: “2708. Treatment of emergency rooms and other emergency bills. “(a) Emergency billing.—The Secretary of Health and Human Services may, including via any designated person or agency, issue regulations to ensure equal treatment of emergency healthcare for billing purposes. “(b) Ambulance billing.—The Secretary may, including via any designated person, issue regulations to ensure equal treatments of different types of ambulances for billing purposes. “(c) Limitation.—The Secretary may not use this section to regulate emergency healthcare or ambulances in such a way that would deprive patients of healthcare access.”. Sec. 425. Health Insurance Anti-Trust. (a) Amendment to McCarran-Ferguson Act.—Section 3 of the Act of March 9, 1945 (15 U.S.C. 1013), commonly known as the McCarran-Ferguson Act, is amended by adding at the end the following: “(c) (1) Nothing contained in this Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance (including the business of dental insurance and limited-scope dental benefits). “(2) Paragraph (1) shall not apply with respect to making a contract, or engaging in a combination or conspiracy— “(A) to collect, compile, or disseminate historical loss data; “(B) to determine a loss development factor applicable to historical loss data; “(C) to perform actuarial services if such contract, combination, or conspiracy does not involve a restraint of trade; or “(D) to develop or disseminate a standard insurance policy form (including a standard addendum to an insurance policy form and standard terminology in an insurance policy form) if such contract, combination, or conspiracy is not to adhere to such standard form or require adherence to such standard form. “(3) For purposes of this subsection— “(A) the term ‘antitrust laws’ has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition; “(B) the term ‘business of health insurance (including the business of dental insurance and limited-scope dental benefits)’ does not include— “(i) the business of life insurance (including annuities); or “(ii) the business of property or casualty insurance, including but not limited to— “(I) any insurance or benefits defined as ‘excepted benefits’ under paragraph (1), subparagraph (B) or (C) of paragraph (2), or paragraph (3) of section 9832(c) of the Internal Revenue Code of 1986 (26 U.S.C. 9832(c)) whether offered separately or in combination with insurance or benefits described in paragraph (2)(A) of such section; and “(II) any other line of insurance that is classified as property or casualty insurance under State law; “(C) the term ‘historical loss data’ means information respecting claims paid, or reserves held for claims reported, by any person engaged in the business of insurance; and “(D) the term ‘loss development factor’ means an adjustment to be made to reserves held for losses incurred for claims reported by any person engaged in the business of insurance, for the purpose of bringing such reserves to an ultimate paid basis.”. (b) Related provision.—For purposes of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section applies to unfair methods of competition, section 3(c) of the McCarran-Ferguson Act shall apply with respect to the business of health insurance without regard to whether such business is carried on for profit, notwithstanding the definition of “Corporation” contained in section 4 of the Federal Trade Commission Act. (c) Empowering small insurers.— (1) Exemption.—It shall not be a violation of the antitrust laws for one or more private health insurer issuers or their designated agents to jointly negotiate prices of particular hospital services with a hospital provider with regards to the reimbursement policies of the insurers for those services. (2) Definitions.—For purposes of this section: (A) ANTITRUST LAWS.—The term “antitrust laws” has the meaning given it in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition. (B) HEALTH INSURANCE ISSUER.—The term “health insurance issuer” means an insurance company, insurance service, or insurance organization (including a health maintenance organization, as defined in subparagraph (C)) which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 514(b)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)(2))). Such term does not include a group health plan. (C) HEALTH MAINTENANCE ORGANIZATION.—The term “health maintenance organization” means— (i) a Federally qualified health maintenance organization (as defined in section 300e(a) of title 42 of the United States Code), (ii) an organization recognized under State law as a health maintenance organization, or (iii) a similar organization regulated under State law for solvency in the same manner and to the same extent as such a health maintenance organization. (3) Effective Date.—This subsection shall take effect on the date of the enactment of this Act but shall not apply with respect to conduct that occurs before such date. Sec. 426. Limited-duration insurance. Section 2791(b) of the Public Health Service Act (42 U.S.C. 300gg–91(b)) is amended by adding at the end the following new paragraph: “(6) SHORT-TERM LIMITED DURATION INSURANCE.—The term ‘short-term limited duration insurance’ means health insurance coverage provided under a contract with a health insurance issuer that— “(A) has an expiration date specified in the contract that is less than 12 months after the original effective date of the contract; and “(B) has a duration of not more than 3 years (taking into account renewals or extensions) after the original effective date of the contract.”. Sec. 427. Coverage for preexisting conditions. (a) Section 2753 of the Public Health Service Act (42 U.S.C. 300gg-53) is amended by— (1) inserting a new subsection (g) at the end as follows: “(g) Genetic conditions treated as genetic information.—For purposes of this section, any potentially genetic or hereditary condition, family history of any medical condition, or other genetics-related condition shall be treated as genetic information.”, and (2) amending subsection (c) as follows: “(c) Prohibition on genetic information as preexisting condition.—A health insurance issuer offering health insurance coverage in the individual market may not, on the basis of genetic information, impose any preexisting condition exclusion (as defined by section 2701 of this Act) with respect to such coverage.”. (b) The Public Health Service Act is amended by inserting a new section 2754 (42 U.S.C. 300gg-55) after section 2753 (42 U.S.C. 300gg-54) of such Act as follows— “2754. Coverage of All Preexisting Conditions. “A health insurance issuer offering health insurance coverage in the individual market may not impose any preexisting condition exclusion (as defined by section 2701 of this Act) with respect to such coverage. The Attorney General, in consultation with the Secretary of Health and Human Services, shall investigate insurance fraud based on preexisting conditions.”. (c) Section 2701 of the Public Health Service Act (as amended, restored, or redesignated by this Act) is further amended by striking subparagraph (b)(1)(B). Sec. 428. Expansion of group health insurance plans. (a) Health marketplace pools deemed an “employer” for purposes of offering group health plans or group health insurance coverage.—Section 3(5) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(5)) is amended by adding at the end the following: “Such term shall be deemed to include, for purposes of offering a group health plan (as defined in section 733(a)(1)) or group health insurance coverage (as defined in section 733(b)(4)) (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with section 736(b)(5)(B)), any entity that meets the requirements under section 736(b).”. (b) Group health plans and group health insurance coverage.—Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended by adding at the end the following: “SEC. 736. Health marketplace pools deemed an ‘employer’ for purposes of offering group health plans or group health insurance coverage. “(a) In general.—An entity (referred to in this section as a ‘health marketplace pool’) that meets the requirements under subsection (b) shall be deemed an employer under section 3(5) for purposes of offering a group health plan or group health insurance coverage (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage in accordance with subsection (b)(5)(B)). “(b) Requirements for health marketplace pools.—The requirements under this subsection are each of the following: “(1) ORGANIZATION.—The health marketplace pool shall— “(A) be formed and maintained in good faith for a purpose that includes the formation of a risk pool in order to offer group health insurance coverage or a group health plan to its members; and “(B) not condition membership in the health marketplace pool on any health status-related factor relating to an individual (including an employee of an employer or a dependent of an employee). “(2) OFFERING GROUP HEALTH PLANS AND GROUP HEALTH INSURANCE COVERAGE.— “(A) DIFFERENT GROUPS.— “(i) IN GENERAL.—The health marketplace pool, which may be in conjunction with a health insurance issuer that offers group health insurance coverage through the health marketplace pool, shall make available a group health plan or group health insurance coverage to all members of the health marketplace pool (and, in the case of members that are employers, employees of the employers) at rates that— “(I) are established by the health marketplace pool, or a health insurance issuer contracting with such health marketplace pool, on a policy or product specific basis; and “(II) subject to sections 701 and 702, may vary for individuals covered through the health marketplace pool. “(ii) PERMISSIBLE COVERAGE FOR DEPENDENTS.—Such group health plan or group health insurance coverage may be made available under clause (i) to any dependents of members of the health marketplace pool or dependents of employees of employers that are such members. “(B) NONDISCRIMINATION IN COVERAGE OFFERED.— “(i) IN GENERAL.—Subject to clause (ii), the health marketplace pool may not offer coverage under a group health plan or group health insurance coverage to a member of the health marketplace pool unless the same coverage is offered to all such members of the health marketplace pool. “(ii) CONSTRUCTION.—Nothing in this subsection shall be construed as requiring a health insurance issuer or group health plan to provide coverage outside the service area of the issuer or plan, or preventing a health insurance issuer or group health plan from underwriting or from excluding or limiting the coverage on any individual, subject to the requirements under sections 701 and 702. “(C) ASSUMPTION OF RISK.—The health marketplace pool may provide— “(i) group health insurance coverage through a contract with a health insurance issuer; or “(ii) a group health plan through self-insurance. “(3) GEOGRAPHIC AREAS.—Nothing in this subsection shall be construed as preventing the establishment and operation of more than 1 health marketplace pool in a geographic area or as limiting the number of health marketplace pools that may operate in any area. “(4) PROVISION OF ADMINISTRATIVE SERVICES TO PURCHASERS.—The health marketplace pool may provide administrative services for members. Such services may include accounting, billing, and enrollment information. “(5) DRUG COVERAGE.—The group health plan or group health insurance coverage offered by the health marketplace pool may offer— “(A) drug coverage, including coverage of over-the-counter drugs, in combination with other benefits covered by the group health plan or group health insurance coverage; or “(B) notwithstanding any other provision of law, drug coverage, including coverage of over-the-counter drugs, as the only benefit covered by the group health plan or group health insurance coverage. “(6) MEMBERS.— “(A) IN GENERAL.—With respect to an individual who is a member of the health marketplace pool— “(i) the individual may enroll for coverage under the group health plan or group health insurance coverage offered by the health marketplace pool (including, if applicable, enrollment for coverage for a dependent of such individual); or “(ii) the employer of the individual may enroll the individual for coverage under the group health plan or group health insurance coverage offered by the health marketplace pool (including, if applicable, enrollment for coverage for a dependent of such individual). “(B) ELIGIBILITY.—An individual shall be eligible to be a member of the health marketplace pool if such individual is— “(i) a member of an entity that establishes or joins the health marketplace pool (or a dependent of such a member, as applicable); “(ii) an employee of a member of an entity described in clause (i) (or a dependent of such an employee, as applicable); or “(iii) an employee of an entity (or a dependant of such an employee, as applicable) controlled by a member of an entity described in clause (i). “(C) RULES FOR ENROLLMENT.—Nothing in this paragraph shall preclude the health marketplace pool from establishing rules of enrollment and reenrollment of members. Such rules shall be applied consistently to all members within the health marketplace pool and shall not be based in any manner on health status-related factors in accordance with sections 701 and 702. “(c) Determination of employer and joint employer status.—Participating in or facilitating a group health plan or group health insurance coverage under this section shall not be construed as establishing under any Federal or State law— “(1) an employer relationship for any purpose other than offering the group health plan or group health insurance coverage; or “(2) a joint employer relationship for any purpose. “(d) Definition.—In this section, the term ‘dependent’, as applied to a group health plan or group health insurance coverage offered in a State, shall have the meaning applied to such term with respect to such plan or coverage under the State law applying to such plan or coverage. Such term may include the spouse and children of the individual involved in accordance with such State law.”. (c) Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002), as amended by this section, is further amended— (1) in paragraph (6), by inserting before the period “, except (with respect to an entity meeting the requirements under section 736(b)) such term includes any member of such entity”; (2) in paragraph (21)— (A) in subparagraph (A), by striking “subparagraph (B)” and inserting “subparagraphs (B) and (C)”; and (B) by adding at the end the following: “(C) With respect to a person that is a member of an entity (referred to in section 736 and this subparagraph as a ‘health marketplace pool’) that meets the requirements of section 736(b) and offers a group health plan (as defined in section 733(a)(1)) or group health insurance coverage (as defined in section 733(b)(4)) (which, notwithstanding any other provision of law, may include such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage), membership in the health marketplace pool shall not by itself cause the person to be a fiduciary with respect to the group health plan or group health insurance coverage.”; and (3) in paragraph (40)(A)— (A) in clause (ii), by striking “, or” and inserting “,”; (B) in clause (iii), by striking the period and inserting “, or”; and (C) by adding at the end the following: “(iv) as a group health plan (as defined in section 733(a)(1)), or group health insurance coverage (as defined in section 733(b)(4)), offered by an entity meeting the requirements under section 736(b) (which, notwithstanding any other provision of law, may include such an entity offering such a plan or coverage covering prescription or nonprescription drugs as the only benefit offered by the plan or coverage).”. (d) Treatment of group or association of employers.—Section 3(5) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(5)) is amended— (1) by striking “The term” and inserting “(A) The term”; and (2) by adding at the end the following: “(B) For purposes of subparagraph (A), a group or association of employers shall be treated as an ‘employer’, regardless of whether the employers composing such group or association are in the same industry, trade, or profession, if such group or association— “(i) (I) has established and maintains an employee welfare benefit plan that is a group health plan (as defined in section 733(a)(1)); “(II) provides coverage under such plan to at least 51 employees after all of the employees employed by all of the employer members of such group or association have been aggregated and counted together as described in subparagraph (D); “(III) has been actively in existence for at least 2 years; “(IV) has been formed and maintained in good faith for purposes other than providing medical care (as defined in section 733(a)(2)) through the purchase of insurance or otherwise; “(V) does not condition membership in the group or association on any health status-related factor (as described in section 702(a)(1)) relating to any individual; “(VI) makes coverage under such plan available to all employer members of such group or association regardless of any health status-related factor (as described in section 702(a)(1)) relating to such employer members; “(VII) does not provide coverage under such plan to any individual other than an employee of an employer member of such group or association; “(VIII) has established a governing board with by-laws or other similar indications of formality to manage and operate such plan in both form and substance, of which at least 75 percent of the board members shall be made up of employer members of such group or association participating in the plan that are duly elected by each participating employer member casting 1 vote during a scheduled election; “(IX) is not a health insurance issuer (as defined in section 733(b)(2)), and is not owned or controlled by such a health insurance issuer or by a subsidiary or affiliate of such a health insurance issuer, other than to the extent such a health insurance issuer may participate in the group or association as a member; “(ii) is structured in good faith with any set of criteria to qualify for such treatment in any advisory opinion issued prior to the date of enactment of the Association Health Plans Act; or “(iii) meets any other set of criteria to qualify for such treatment that the Secretary by regulation may provide. “(C) (i) For purposes of subparagraph (B), a self-employed individual shall be treated as— “(I) an employer who may become a member of a group or association of employers; “(II) an employee who may participate in an employee welfare benefit plan established and maintained by such group or association; and “(III) a participant of such plan subject to the eligibility determination and monitoring requirements set forth in clause (iii). “(ii) For purposes of this subparagraph, the term ‘self-employed individual’ means an individual who— “(I) does not have any common law employees; “(II) has a bona fide ownership right in a trade or business, regardless of whether such trade or business is incorporated or unincorporated; “(III) earns wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) or self-employment income (as defined in section 1402(b) of such Code) from such trade or business; and “(IV) works at least 10 hours a week or 40 hours per month providing personal services to such trade or business. “(iii) The board of a group or association of employers shall— “(I) initially determine whether an individual meets the requirements under clause (ii) to be considered to a self-employed individual for the purposes of being treated as an— “(aa) employer member of such group or association (in accordance with clause (i)(I)); and “(bb) employee who may participate in the employee welfare benefit plan established and maintained by such group or association (in accordance with clause (i)(II)); “(II) through reasonable monitoring procedures, periodically determine whether the individual continues to meet such requirements; and “(III) if the board determines that an individual no longer meets such requirements, not make such plan coverage available to such individual (or dependents thereof) for any plan year following the plan year during which the board makes such determination. If, subsequent to a determination that an individual no longer meets such requirements, such individual furnishes evidence of satisfying such requirements, such individual (and dependents thereof) shall be eligible to receive plan coverage. “(D) For purposes of subparagraph (B), all of the employees (including self-employed individuals) employed by all of the employer members (including self-employed individuals) of a group or association of employers shall be— “(i) treated as participants in a single plan multiple employer welfare arrangement; and “(ii) aggregated and counted together for purposes of any regulation of an employee welfare benefit plan established and maintained by such group or association.”. (e) Determination of employer or joint employer status.—The provision of employee welfare benefit plan coverage by a group or association of employers shall not be construed as evidence for establishing an employer or joint employer relationship under any Federal or State law. (f) Rules applicable to employee welfare benefit plans established and maintained by a group or association of employers. (1) Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended by adding at the end the following: “SEC. 736. Rules applicable to employee welfare benefit plans established and maintained by a group or association of employers. “(a) Premium rates for a group or association of employers.— “(1) (A) In the case of an employee welfare benefit plan established and maintained by a group or association of employers described in section 3(5)(B), such plan may, to the extent not prohibited under State law— “(i) establish base premium rates formed on an actuarially sound, modified community rating methodology that considers the pooling of all plan participant claims; and “(ii) utilize the specific risk profile of each employer member of such group or association to determine contribution rates for each such employer member’s share of a premium by actuarially adjusting above or below the established base premium rates. “(B) For purposes of paragraph (1), the term ‘employer member’ means— “(i) an employer who is a member of such group or association of employers and employs at least 1 common law employee; or “(ii) a group made up solely of self-employed individuals, within which all of the self-employed individual members of such group or association are aggregated together as a single employer member group, provided the group includes at least 20 self-employed individual members. “(2) In the event a group or association is made up solely of self-employed individuals (and no employers with at least 1 common law employee are members of such group or association), the employee welfare benefit plan established by such group or association shall— “(A) treat all self-employed individuals who are members of such group or association as a single risk pool; “(B) pool all plan participant claims; and “(C) charge each plan participant the same premium rate. “(b) Discrimination and pre-Existing condition protections.—An employee welfare benefit plan established and maintained by a group or association of employers described in section 3(5)(B) shall be prohibited from— “(1) establishing any rule for eligibility (including continued eligibility) of any individual (including an employee of an employer member or a self-employed individual, or a dependent of such employee or self-employed individual) to enroll for benefits under the terms of the plan that discriminates based on any health status-related factor that relates to such individual (consistent with the rules under section 702(a)(1)); “(2) requiring an individual (including an employee of an employer member or a self-employed individual, or a dependent of such employee or self-employed individual), as a condition of enrollment or continued enrollment under the plan, to pay a premium or contribution that is greater than the premium or contribution for a similarly situated individual enrolled in the plan based on any health status-related factor that relates to such individual (consistent with the rules under section 702(b)(1)); and “(3) denying coverage under such plan on the basis of a pre-existing condition (consistent with the rules under section 2704 of the Public Health Service Act).”. (g) Rule of construction.—Nothing in this section shall be construed to exempt a group health plan which is an employee welfare benefit plan offered through a group or association of employers from the requirements of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.), including the provisions of part A of title XXVII of the Public Health Service Act as incorporated by reference into this Act. Sec. 429. Certain medical stop-loss insurance obtained by certain plan sponsors of group health plans not included under the definition of health insurance coverage. (a) In general.—Section 733(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)(1)) is amended by adding at the end the following sentence: “Such term shall not include a stop-loss policy obtained by a group health plan or a plan sponsor of a group health plan that self-insures the health risks of its plan participants to reimburse the plan or sponsor for losses that the plan or sponsor incurs in providing health or medical benefits to such plan participants in excess of a predetermined level set forth in the stop-loss policy obtained by such plan or sponsor.”. (b) Effect on other laws.—Section 514(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)) is amended by adding at the end the following: “(10) The provisions of this title (including part 7 relating to group health plans) shall preempt State laws insofar as they may now or hereafter prevent an employee benefit plan that is a group health plan from insuring against the risk of excess or unexpected health plan claims losses.”. Subtitle C—Prescription Drugs and Related Provisions Sec. 431. Vaccine injury or death. Notwithstanding any other provision of law, including the National Childhood Vaccine Injury Act and Public Health Service Act, petitioners may bring suit to both the Special Masters established by law to handle vaccine injury and to any appropriate jurisdictional court where a vaccine was administered to file suit based on potential damages or death caused by any vaccination, including against persons responsible for administering vaccines as well as manufacturers and any persons who may have attempted to coerce vaccination, including a Federal, Territorial, District, or State government or any educational institution or employer of the United States. Notwithstanding any other provision of law, no persons (including but not limited to all aforementoined persons including vaccine manufacturers) may claim immunity from criminal or civil charges related to vaccine injury or death. Privileged immunity is hereby revoked for all persons involved in the approval of vaccines which have caused vaccine injury or death and all such persons who have been involved may be held criminally as well as civilly responsible. Judges and justices who demonstrate bias against petitioners likewise may be held criminally and civilly responsible for vaccine injury and death. The administration of any vaccine on a nonconsenting minor (including any person under 21 whose parent or guardian did not consent to such administration) or any nonconsenting person shall be considered an injury under this section, and any other injury (including death) caused or possibly caused by such an administration shall be subject to ten times the regular penalty that would normally be applied for such injury or death. All cases in which an administration was mishandled by overdose or otherwise, which denies to the patient the ability to know that such administration was improperly conducted, shall be treated as cases of administration of a vaccine on a nonconsenting person. Consent for vaccination must include any and all relevant information for the patient, including risks, historical immunity from prosecution, potential religious objections including the use of human cells and genetic alteration abilities, and reasons that benefits may be fringe or nonexistent. Sec. 432. Chief Pharmaceutical Trade Negotiator. (a) Establishment.—Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)), is amended as follows: (1) In paragraph (2)— (A) in the first sentence, by inserting “one Chief Pharmaceutical Trade Negotiator,” after “one Chief Agricultural Negotiator,”; and (B) by inserting “the Chief Pharmaceutical Trade Negotiator,” after “the Chief Agricultural Negotiator,” each place it appears. (2) By adding at the end the following new paragraph: “(7) The principal functions of the Chief Pharmaceutical Trade Negotiator shall be to conduct trade negotiations, enforce trade agreements relating to United States pharmaceutical products, and take appropriate action (including such actions as may be established by Federal law, including the Health Care Act of 2027) to address acts, policies, or practices of high-income countries that have a significant adverse impact on the ability of United States pharmaceutical manufacturers to enjoy full market access. The Chief Pharmaceutical Trade Negotiator shall be a vigorous advocate on behalf of United States manufacturers and consumers of pharmaceutical products and shall perform such other functions as the United States Trade Representative may direct.”. (b) Annual Report.— (1) LIST OF HIGH-INCOME COUNTRIES.—The United States Trade Representative shall compile and annually update a list of each foreign country that is defined as “high-income” by the official statistics of the International Bank for Reconstruction and Development of the World Bank. (2) REPORT REQUIRED.—With respect to each country included on the most recent list required under paragraph (1), the United States Trade Representative, acting through the Chief Pharmaceutical Trade Negotiator, (as established pursuant to the amendments made by subsection (a)) shall annually submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that— (A) describes in detail the results of a review of the acts, policies, and practices of such country relating to the trade in pharmaceutical products in the previous fiscal year; (B) determines whether such acts, policies, or practices— (i) are not developed and implemented in a fair, nondiscriminatory, and transparent manner; (ii) are not market-based or do not appropriately recognize the value of innovative medicines; (iii) deny reciprocal market access for United States products; (iv) diminish incentives for innovation in a manner that delays, prevents, or otherwise adversely impacts the introduction of new medicines in the United States; (v) violate or are inconsistent with the provisions of, or otherwise deny benefits to the United States under, any bilateral or multilateral trade agreement with such country; (vi) are unjustifiable or impose a significant burden or unreasonable or discriminatory restriction on United States commerce with such country; and (C) describes the current status of any responsive actions taken by the United States with respect to acts, policies, or practices for which the United States Trade Representative has determined and included in any prior report, pursuant to subparagraph (B), that the interests of the United States are harmed, including responsive actions pursuant to title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.). (c) Response To Adverse Actions.—Not later than 30 days after the United States Trade Representative determines that an act, policy, or practice of a country included in the applicable list required under subsection (b)(1) meets any of the criteria described in subsection (b)(2)(B), the United States Trade Representative shall submit to Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a plan to respond to such adverse action, which may include initiating an investigation under chapter 1 title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.), in accordance with section 302(b)(1) of such chapter. Sec. 433. Orange Book modernization. (a) Submission of patent information for brand name drugs.— (1) IN GENERAL.—Paragraph (1) of section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) is amended to read as follows: “(1) (A) Any person may file with the Secretary an application with respect to any drug subject to the provisions of subsection (a). Such persons shall submit to the Secretary as part of the application— “(i) full reports of investigations which have been made to show whether or not such drug is safe for use and whether such drug is effective in use; “(ii) a full list of the articles used as components of such drug; “(iii) a full statement of the composition of such drug; “(iv) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug; “(v) such samples of such drug and of the articles used as components thereof as the Secretary may require; “(vi) specimens of the labeling proposed to be used for such drug; “(vii) any assessments required under section 505B; “(viii) the patent number and expiration date, of each patent for which a claim of patent infringement could reasonably be asserted if a person not licensed by the owner engaged in the manufacture, use, or sale of the drug, and that— “(I) claims the drug for which the applicant submitted the application and is a drug substance patent or a drug product patent; or “(II) claims the method of using the drug for which approval is sought or has been granted in the application; “(ix) a full description of any software or hardware used in any computer used as a component, including related intellectual property information; and “(x) a full description on the intended uses of such drug. “(B) If an application is filed under this subsection for a drug, and a patent of the type described in subparagraph (A)(viii) that claims such drug or a method of using such drug is issued after the filing date, the applicant shall amend the application to include such patent information. “(C) The Secretary shall define the term “full description” as used in subparagraph (A)(ix).”. (2) GUIDANCE.—The Secretary of Health and Human Services shall, in consultation with the Director of the National Institutes of Health and with representatives of the drug manufacturing industry, review and develop guidance, as appropriate, on the inclusion of women and minorities in clinical trials required under subsection (b)(1)(A)(i) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), as amended by paragraph (1). (b) Conforming changes to requirements for subsequent submission of patent information.—Section 505(c)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)(2)) is amended— (1) by inserting before the first sentence the following: “Not later than 30 days after the date of approval of an application under subsection (b), the holder of the approved application shall file with the Secretary the patent number and the expiration date of any patent described in subclause (I) or (II) of subsection (b)(1)(A)(viii), except that a patent that is identified as claiming a method of using such drug shall be filed only if the patent claims a method of use approved in the application. The holder of the approved application shall file with the Secretary the patent number and the expiration date of any patent described in subclause (I) or (II) of subsection (b)(1)(A)(viii) that is issued after the date of approval of the application, not later than 30 days after the date of issuance of the patent, except that a patent that claims a method of using such drug shall be filed only if approval for such use has been granted in the application.”; (2) by inserting after “the patent number and the expiration date of any patent which” the following: “fulfills the criteria in subsection (b) and”; (3) by inserting after the third sentence (as amended by paragraph (1)) the following: “Patent information that is not the type of patent information required by subsection (b)(1)(A)(viii) shall not be submitted under this paragraph.”; and (4) by inserting after “could not file patent information under subsection (b) because no patent” the following: “of the type required to be submitted in subsection (b)(1)(A)(viii)”. (c) Listing of exclusivities.—Subparagraph (A) of section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the following: “(iv) For each drug included on the list, the Secretary shall specify any exclusivity period that is applicable, for which the Secretary has determined the expiration date, and for which such period has not yet expired under— “(I) clause (ii), (iii), or (iv) of subsection (c)(3)(E) of this section; “(II) clause (iv) or (v) of paragraph (5)(B) of this subsection; “(III) clause (ii), (iii), or (iv) of paragraph (5)(F) of this subsection; “(IV) section 505A; “(V) section 505E; “(VI) section 527(a); or “(VII) subsection (u)”. (d) Orange book updates with respect to invalidated patents.— (1) IN GENERAL.— (A) AMENDMENTS.—Section 505(j)(7)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)(A)), as amended by subsection (c), is further amended by adding at the end the following: “(v) In the case of a listed drug for which the list under clause (i) includes a patent for such drug, and where the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office have cancelled any claim of the patent pursuant to a decision by the Patent Trial and Appeal Board in an inter partes review conducted under chapter 31 of title 35, United States Code, or a post-grant review conducted under chapter 32 of that title, and from which no appeal has been taken, or can be taken, the holder of the applicable approved application shall notify the Secretary, in writing, within 14 days of such cancellation, and, if the patent has been deemed wholly inoperative or invalid, or if a patent claim has been cancelled, the revisions required under clause (iii) shall include striking the patent or information regarding such patent claim from the list with respect to such drug, as applicable, except that the Secretary shall not remove a patent from the list before the expiration of any 180-day exclusivity period under paragraph (5)(B)(iv) that relies on a certification described in paragraph (2)(A)(vii)(IV) with respect to such patent.”. (B) APPLICATION.—The amendment made by subparagraph (A) shall not apply with respect to any determination with respect to a patent or patent claim that is made prior to the date of enactment of this Act. (2) NO EFFECT ON FIRST APPLICANT EXCLUSIVITY PERIOD.—Section 505(j)(5)(B)(iv)(I), as amended by section 205, is amended by adding at the end the following: “This subclause shall apply even if a patent is stricken from the list under paragraph (7)(A), pursuant to paragraph (7)(A)(v), provided that, at the time that the first applicant submitted an application under this subsection containing a certification described in paragraph (2)(A)(vii)(IV), the patent that was the subject of such certification was included in such list with respect to the listed drug.”. Sec. 434. Clarification of Controlled Substances Act. Section 823 of Title 21 of the United States Code is amended— (a) by striking “and” from paragraph (a)(5), (b) by striking “.” from paragraph (a)(6) and inserting “; and”, (c) by inserting a new paragraph (a)(7) as follows: “(7) that no medication may be utilized to intentionally end the life of any patient.”, (d) by striking “and” from paragraph (d)(5), (e) by striking “.” from paragraph (d)(6) and inserting “; and”, (f) by inserting a new paragraph (d)(7) as follows: “(7) that no medication may be utilized to intentionally end the life of any patient.”, (g) by striking “and” from paragraph (e)(4), (h) by striking “.” from paragraph (e)(5) and inserting “; and”, (i) by inserting a new paragraph (e)(6) as follows: “(6) that no medication may be utilized to intentionally end the life of any patient.”, (j) by striking “and” from paragraph (b)(4), (k) by striking “.” from paragraph (b)(5) and inserting “; and”, (l) by inserting a new paragraph (b)(6) as follows: “(6) that no medication may be utilized to intentionally end the life of any patient.”, Sec. 435. Biological product patent transparency. (a) Additional requirements.—Section 351 of the Public Health Service Act (42 U.S.C. 262) is amended by adding at the end the following: “(o) Additional requirements with respect to patents.— “(1) APPROVED APPLICATION HOLDER LISTING REQUIREMENTS.— “(A) IN GENERAL.—Within 60 days of approval of an application under subsection (a) or (k), the holder of such approved application shall submit to the Secretary a list of each patent required to be disclosed (as described in paragraph (3)). “(B) PREVIOUSLY APPROVED OR LICENSED BIOLOGICAL PRODUCTS.— “(i) PRODUCTS LICENSED UNDER SECTION 351 OF THE PHSA.—The holder of a biological product license that was approved under subsection (a) or (k) shall submit to the Secretary a list of each patent required to be disclosed (as described in paragraph (3)). “(ii) PRODUCTS APPROVED UNDER SECTION 505 OF THE FFDCA.—The holder of an approved application for a biological product under section 505 of the Federal Food, Drug, and Cosmetic Act that is deemed to be a license for the biological product shall submit to the Secretary a list of each patent required to be disclosed (as described in paragraph (3)). “(C) UPDATES.—The holder of a biological product license that is the subject of an application under subsection (a) or (k) shall submit to the Secretary a list that includes— “(i) any patent not previously required to be disclosed (as described in paragraph (3)) under subparagraph (A) or (B), as applicable, within 30 days of the earlier of— “(I) the date of issuance of such patent by the United States Patent and Trademark Office; or “(II) the date of approval of a supplemental application for the biological product; and “(ii) any patent, or any claim with respect to a patent, included on the list pursuant to this paragraph, that the Patent Trial and Appeal Board of the United States Patent and Trademark Office determines in a written decision to cancel as unpatentable, within 30 days of such decision. “(2) PUBLICATION OF INFORMATION.— “(A) IN GENERAL.—The Secretary shall publish and make available to the public a single, easily searchable list that includes— “(i) the official and proprietary name of each biological product licensed, or deemed to be licensed, under subsection (a) or (k); “(ii) with respect to each biological product described in clause (i), each patent submitted in accordance with paragraph (1); “(iii) the date of licensure and application number for each such biological product; “(iv) the marketing status, dosage form, route of administration, strength, and, if applicable, reference product, for each such biological product; “(v) the licensure status for each such biological product, including whether the license at the time of listing is approved, withdrawn, or revoked; “(vi) with respect to each such biological product, any period of exclusivity under paragraph (6), (7)(A), or (7)(B) of subsection (k) of this section or section 527 of the Federal Food, Drug, and Cosmetic Act, and any extension of such period in accordance with subsection (m) of this section, for which the Secretary has determined such biological product to be eligible, and the date on which such exclusivity expires; “(vii) any determination of biosimilarity or interchangeability for each such biological product; and “(viii) information regarding approved indications for each such biological product, in such manner as the Secretary determines appropriate. “(B) UPDATES.—Every 30 days after the publication of the first list under subparagraph (A), the Secretary shall revise the list to include— “(i) (I) each biological product licensed under subsection (a) or (k) during the 30-day period; and “(II) with respect to each biological product described in subclause (I), the information described in clauses (i) through (viii) of subparagraph (A); and “(ii) any updates to information previously published in accordance with subparagraph (A). “(C) NONCOMPLIANCE.—Beginning 18 months after the date of enactment of the Lower Health Care Costs Act, the Secretary, in consultation with the Director of the United States Patent and Trademark Office, shall publish and make available to the public a list of any holders of biological product licenses, and the corresponding biological product or products, that failed to submit information as required under paragraph (1), including any updates required under paragraph (1)(C), in such manner and format as the Secretary determines appropriate. If information required under paragraph (1) is submitted following publication of such list, the Secretary shall remove such holders of such biological product licenses from the public list in a reasonable period of time. “(3) PATENTS REQUIRED TO BE DISCLOSED.—In this section, a ‘patent required to be disclosed’ is any patent for which the holder of a biological product license approved under subsection (a) or (k), or a biological product application approved under section 505 of the Federal Food, Drug, and Cosmetic Act and deemed to be a license for a biological product under this section believes a claim of patent infringement could reasonably be asserted by the holder, or by a patent owner that has granted an exclusive license to the holder with respect to the biological product that is the subject of such license, if a person not licensed by the owner engaged in the making, using, offering to sell, selling, or importing into the United States of the biological product that is the subject of such license. “(4) IMMUNITY FROM CIVIL ACTION.—Effective January 1, 2029, immunity from civil action shall be granted to protect persons required to submit a list under paragraph (1) for relevant biological products, provided that— “(A) the Secretary, in consultation with the Director of the United States Patent and Trademark Office, has performed all relevant duties under subparagraph (2)(C); “(B) the alleged patent infringement was not an act of infringement against a preexisting and public patent or pending patent and was not committed after the date of publication; “(C) the civil action was not initiated within two years of the publication under paragraph (2); and “(D) the civil action is based on alleged patent infringement.”. (b) Disclosure of patents.—Section 351(l)(3)(A)(i) of the Public Health Service Act (42 U.S.C. 262(l)(3)(A)(i)) is amended by inserting “included in the list provided by the reference product sponsor under subsection (o)(1)” after “a list of patents”. (c) Regulations.—The Secretary of Health and Human Services may promulgate regulations to carry out subsection (o) of section 351 of the Public Health Service Act (42 U.S.C. 262), as added by subsection (a). (d) Rule of construction.—Nothing in this Act, including an amendment made by this Act, shall be construed to require or allow the Secretary of Health and Human Services to delay the licensing of a biological product under section 351 of the Public Health Service Act (42 U.S.C. 262). (e) Effective date.—Except as otherwise specified, this section shall go into effect immediately upon the enactment of this Act, and such actions required under it shall be required within twelve months, with six months of further delays permissible at the discreation of the Secretary of Health and Human Services. Sec. 436. Fast track review for certain generic drugs. (a) Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended by adding at the end the following: “(14) (A) Notwithstanding any other provision of law, the Secretary shall prioritize the review of a qualifying application under this subsection and shall, within 150 days of the initial receipt of such qualifying application, take final agency action on the application. “(B) For purposes of this paragraph, the term ‘qualifying application’ means an application— “(i) that does not contain a certification under subclause (IV) of paragraph (2)(A)(vii); “(ii) that may contain a certification under subclause (III) of paragraph (2)(A)(vii) only if such certification asserts that an existing patent will expire not more than 15 months after the date of such certification; “(iii) for a drug where the reference drug is a drug for which there is no exclusivity period in effect, including an exclusivity period under paragraph (5)(F), or under section 505A, section 527, or section 505E; and “(iv) for a drug where the reference drug has not been the reference drug for more than one other drug that— “(I) is approved under this subsection; and “(II) has been introduced into interstate commerce in the 3-month period preceding the date of the qualifying application. “(C) Notwithstanding any other provision of this paragraph and regardless of the date of submission, a qualifying application shall lose status as an application for priority review, and the Secretary’s timeline for taking action on such an application described in subparagraph (A) shall no longer apply, if the application no longer meets the definition of a qualifying application.”. “(D) For purposes of this paragraph, the term ‘qualifying application’ also means an application for a drug which is subject to only patents which, pursuant to a special agreement with the Secretary, shall be licensed under fair, reasonable, and non-discriminatory terms to any United States person. Patents which are expired or scheduled to expire within 12 months of an application's submission shall not be considered patents for purposes of this subparagraph. (b) Report.—Not later than 6 months after enactment and every 6 months thereafter, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives containing the information described in subsection (c). (c) Definition.—In this section the term “generic fast track review” means review under paragraph (11) of section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)), as added by this section of this Act. (d) Contents of report.—The report described in subsection (a) shall include the following information: (1) The number of applications in the most recent 6-month period that are subject to generic fast track review, and which of those applications— (A) are for a drug where the reference drug has not been the reference drug for any other application that is approved under subsection (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); (B) are for a drug where the reference drug has been the reference drug for not more than one other application that is approved under subsection (j) of such section; and (C) are for a drug that is on the drug shortage list established under section 506E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e). (2) The average and median time before an applicant receives an approval decision for an application subject to generic fast track review. (3) The number of applications subject to generic fast track review that were approved. (4) At the time such report is submitted, the number of applications subject to fast track review— (A) that have been withdrawn by the applicant; (B) that have been granted tentative approval; (C) with respect to which the Food and Drug Administration has requested additional information from the sponsor of the application; (D) that are awaiting review by the Food and Drug Administration after additional information has been supplied, as described in subparagraph (C); and (E) with respect to which the Food and Drug Administration has recorded reception of the application but has yet to contact the sponsor regarding the status of the application. (5) A prediction of how long the Food and Drug Administration will take to respond to such applications that are awaiting review with either an approval or a rejection, and how many of such applications are expected to be withdrawn by the applicant. (6) The average review time for such applications that are receiving generic fast track review versus the standard review period. (7) The information described in paragraphs (1) through (6) with respect to applications for drugs under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) that are subject to another form of priority review or fast-track review. (8) An annual accounting of how the Food and Drug Administration has spent the fees it has received under part 7 of subchapter C of chapter VII of such Act (21 U.S.C. 379f et seq.) to include the proportion of such fees that such Administration has spent on personnel costs. (e) Expedited production.—21 U.S.C. 355(j)(10)(A) (Section 505(j)(10)(A) of the Federal Food, Drug, and Cosmetic Act) is amended by striking clauses (i) through (iv) and inserting the following: “(i) the application is otherwise eligible for approval under this subsection except that— “(I) (aa) the listed drug has an active patent, the listed drug has an active exclusivity period, or there is a delay in approval as described in paragraph (5)(B)(iii); and “(bb) a revision to the labeling of the listed drug has been approved by the Secretary within 90 days of expiration of a patent, exclusivity period, or delay in approval referenced in item (aa); or “(II) a revision to the labeling of the listed drug has been approved by the Secretary, within 90 days of when the application is otherwise eligible for approval under this subsection; “(ii) the sponsor of the application agrees to submit revised labeling for the drug that is the subject of the application not later than 90 days after approval under this subsection of the application; and “(iii) the labeling revision described under clause (i) does not include a change to the ‘Warnings’ section of the labeling.”. (f) Small business fees.—21 U.S.C. 379j–72 (Section 744M of the Federal Food, Drug, and Cosmetic Act) is amended by inserting after subsection (c) the following: “(d) Fee Waiver And Reduction For Small Businesses.— “(1) IN GENERAL.—Beginning with respect to fiscal year 2026: “(A) The Secretary shall waive the fee under subsection (a)(2) with respect to the first OTC monograph order request that a small business submits to the Secretary for review. “(B) The Secretary shall reduce the fees that are applicable to a small business under subsections (a)(1) (facility fees) and (a)(2) (OTC monograph order request fees), and not waived under subparagraph (A), to 25 percent of the amount otherwise owed. “(2) CERTIFICATION.—The Secretary shall require any person who applies for a waiver or reduction of fees under paragraph (1) to certify their qualification for the waiver or reduction. The Secretary shall periodically publish in the Federal Register a list of persons making such certifications. No drug produced outside of the United States shall be eligible for any waiver or reduction under this subsection. “(3) SMALL BUSINESS DEFINED.—In this subsection, the term ‘small business’ means a United States entity that has fewer than 500 employees, including employees of affiliates, over 50% of whom are United States citizens.”. (g) Assessment of immunogenicity, pharmacodynamics, or comparative clinical efficacy in clinical studies required for licensure of biological products as biosimilar. (1) In general.—Section 351(k)(2)(A) of the Public Health Service Act (42 U.S.C. 262(k)(2)(A)) is amended— (A) in clause (i)(I)— (i) in item (bb), by striking “and” at the end; and (ii) by striking item (cc) and inserting the following: “(cc) a clinical study or studies assessing pharmacokinetics that are sufficient to demonstrate safety, purity, and potency; and “(dd) subject to clause (iv), a clinical study or studies that are sufficient to demonstrate safety, purity, and potency in 1 or more appropriate conditions of use for which the reference product is licensed and intended to be used and for which licensure is sought for the biological product;”; and (B) by adding at the end the following: “(iv) CLINICAL STUDIES.— “(I) IN GENERAL.—Subject to subclause (II), the Secretary may determine, in the Secretary's discretion, that a clinical study required under clause (i)(I)(dd) shall include the assessment of immunogenicity, pharmacodynamics, or comparative clinical efficacy. “(II) REQUIREMENT.—The Secretary may only require the assessment of immunogenicity, pharmacodynamics, or comparative clinical efficacy pursuant to a determination under subclause (I) if the Secretary provides to the applicant notice of the requirement, including a written justification of the basis for such determination, not later than the earliest date on which the applicant may file the application under this subsection.”. (2) Applicability.—The amendments made by paragraph (1) shall apply with respect to an application submitted under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) on or after the date of enactment of this Act. Sec. 437. Country of origin of drugs. (a) In general.—Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: “SEC. 524B. Registry of drugs produced outside the United States. “(a) In general.—The Secretary shall compile and maintain a list of all drugs approved under subsection (c) or (j) of section 505 of this Act or licensed under subsection (a) or (k) of section 351 of the Public Health Service Act, and any active ingredients in such drugs, that— “(1) are manufactured outside of the United States; and “(2) are determined by the Secretary to be critical to the health and safety of consumers in the United States. “(b) Additional list.—In conjunction with the list described in subsection (a), the Secretary shall compile and maintain a list of drugs included on such list that are exclusively produced in, or use active or inactive ingredients produced in, the People's Republic of China. “(c) Requirement.—The list described in subsection (a) shall, with respect to each drug included on the list, provide information about the drug’s supply chain, including each step in the supply chain that occurs prior to the drug’s importation into the United States.”. (b) Federal health program purchase of, or reimbursement for, drugs.— (1) IN GENERAL.—Notwithstanding any other provision of law, the Department of Health and Human Services, the Department of Veterans Affairs, the Department of Defense, and any other Federal health care program (as defined in 42 U.S.C. 1320a–7b(b) (section 1128B(f) of the Social Security Act), with respect to the purchase of, or reimbursement for, a drug by such agency or program, the following shall apply: (A) By 2028, a purchaser of, or reimbursor for, drugs described in this subsection shall purchase drugs or reimburse for drugs only if such drugs contain 60 percent or more of their active pharmaceutical ingredients manufactured in countries— (i) other than the People’s Republic of China; and (ii) that meet the Food and Drug Administration’s health and safety standards. (B) By 2029, a purchaser of, or reimbursor for, drugs described in this subsection shall purchase drugs or reimburse for drugs only if such drugs contain 100 percent of their active pharmaceutical ingredients manufactured in countries— (i) other than the People’s Republic of China; and (ii) that meet the Food and Drug Administration’s health and safety standards. (2) WAIVERS.—The Secretary of Health and Human Services may issue waivers of the requirements under paragraph (1) for any agency or program that is unable to meet such requirements and demonstrates a need for the waiver. No waiver may be issued under this paragraph for drugs that are purchased on or after January 1, 2031. (c) Labeling requirement.—Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following: “(ee) If it is a drug and its labeling does not specify the country of origin of each active ingredient contained in the drug.”. (d) Temporary 100 percent expensing for pharmaceutical and medical device manufacturing property.—For purposes of section 168(k) of the Internal Revenue Code of 1986, in the case of any qualified pharmaceutical and medical device manufacturing property which is placed in service after December 31, 2019, and before January 1, 2032— (1) such property shall be treated as qualified property (within the meaning of such section), (2) the applicable percentage otherwise determined under section 168(k)(6) of such Code with respect to such property shall be 100 percent, and (3) paragraph (8) of such section shall not apply. (e) Qualified pharmaceutical and medical device manufacturing property.—For purposes of this section, the term “qualified pharmaceutical and medical device manufacturing property” means any tangible property placed in service in the United States as part of the construction or expansion of property for the manufacture of drugs (as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g))) or medical devices (as defined in section 201(h) of such Act (21 U.S.C. 321(h))). Sec. 438. FDA Modernization. (a) Testing standards.—Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended— (1) in subsection (b)(5)(B)(i)(II), by striking “animal” and inserting “nonclinical tests or studies”; (2) in subsection (i)— (A) in paragraph (1)(A), by striking “preclinical tests (including tests on animals)” and inserting “nonclinical tests”; and (B) in paragraph (2)(B), by striking “animal” and inserting “nonclinical tests or studies”; and (3) after subsection (y), by inserting the following: “(z) Nonclinical Test Or Study Defined.—For purposes of this section, the term ‘nonclinical test or study’ means a test or study conducted in vitro, in silico, in chemico, or in vivo that occurs before or during the clinical trial phase of the investigation of the safety and effectiveness of a drug, and may include the following: “(1) Cell-based assays. “(2) Organ chips and microphysiological systems. “(3) Computer models. “(4) Other non-animal or human biology-based test methods. “(5) Animal tests.”. (b) Foreign medication.—Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is further amended— (1) in subsection (b), by adding at the end the following: “(7) An application described in paragraph (2) may rely upon investigations conducted in a country listed under subparagraph (A) or designated under subparagraph (B) of section 802(b)(1), including premarket clinical and nonclinical investigations and postmarket surveillance studies, if the drug that is the subject of such application has been approved in such country, provided that such investigations occurred prior to the year 2000.”; and (2) in subsection (c)— (A) in paragraph (1), by striking “Within” and inserting “Except as provided in paragraph (5), within”; and (B) by adding at the end the following: “(5) In the case of an application that relies on investigations conducted in a foreign country, as described in subsection (b)(7), within 90 days after the filing of such application under subsection (b), the Secretary shall approve the application if the Secretary finds that none of the grounds for denying approval specified in subsection (d) applies or take action described in paragraph (1)(B). If the Secretary does not approve the application or take such other action within such 90-day period, the application shall be considered approved under this subsection.”. (c) Authority Over Laboratory-Developed Testing Procedures.—All aspects of a laboratory-developed testing procedures shall be regulated by the Secretary of Health and Human Services under section 353 of the Public Health Service Act (42 U.S.C. 263a), and no aspects of laboratory-developed testing procedures shall be regulated under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), including during a public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d). (d) Definition.—In this section, the term “laboratory-developed testing procedure” means a professional medical service that utilizes a laboratory examination in the context of clinical care or public health services and that has proper scientific control and sample size and meets the standards for establishment of performance specifications established by regulation under section 353(f) of the Public Health Service Act (42 U.S.C. 263a(f)) applicable to— (1) laboratory modifications of test systems approved, cleared, or authorized by the Food and Drug Administration under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb–3); (2) methods developed or performed, and results produced and interpreted, within a laboratory or laboratories under common ownership or within the same organization, certified as required under section 353(c) of the Public Health Service Act (42 U.S.C. 263a(c)); (3) standardized methods such as those that are available in textbooks and peer-reviewed publications; or (4) methods in which performance specifications are not provided by the manufacturer of test systems or components. (e) Requirements.—No sooner than January 1, 2028, the Commissioner of Food and Drugs shall make publicly available all statistical outcome requirements necessary for all approvals and authorizations and publish all relevant statistics related to approved and authorized products. (f) Improved approvals for certain marketing, drugs, biological products, and devices.—The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524B of such Act (21 U.S.C. 360n–2) the following: “SEC. 524C. Reciprocal marketing approval. “(a) In general.—A covered product with reciprocal marketing approval in effect under this section is deemed to be subject to an application or premarket notification for which an approval or clearance is in effect under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. “(b) Eligibility.—The Secretary shall, with respect to a covered product, grant reciprocal marketing approval if— “(1) the sponsor of the covered product submits a request for reciprocal marketing approval; and “(2) the request demonstrates to the Secretary’s satisfaction that— “(A) the covered product is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom; “(B) absent reciprocal marketing approval, the covered product is not approved or cleared for marketing, as described in subsection (a); “(C) the Secretary has not, because of any concern relating to the safety or effectiveness of the covered product, rescinded or withdrawn any such approval or clearance; “(D) the authorization to market the covered product in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom has not, because of any concern relating to the safety or effectiveness of the covered product, been rescinded or withdrawn; “(E) the covered product is not a banned device under section 516; and “(F) there is a public health or unmet medical need for the covered product in the United States. “(c) Safety and effectiveness.— “(1) IN GENERAL.—The Secretary— “(A) may decline to grant reciprocal marketing approval under this section with respect to a covered product if the Secretary affirmatively determines that the covered product— “(i) is a drug that is not safe and effective; or “(ii) is a device for which there is no reasonable assurance of safety and effectiveness; and “(B) may condition reciprocal marketing approval under this section on the conduct of specified postmarket studies, which may include such studies pursuant to a risk evaluation and mitigation strategy under section 505–1. “(2) REPORT TO CONGRESS.—Upon declining to grant reciprocal marketing approval under this section with respect to a covered product, the Secretary shall— “(A) include the denial in a list of such denials for each month; and “(B) not later than the end of the respective month, submit the list to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. “(d) Request.—A request for reciprocal marketing approval shall— “(1) be in such form, be submitted in such manner, and contain such information as the Secretary deems necessary to determine whether the criteria listed in subsection (b)(2) are met; and “(2) include, with respect to each country included in the list under section 802(b)(1) where the covered product is authorized to be lawfully marketed, as described in subsection (b)(2)(A), an English translation of the dossier issued by such country to authorize such marketing. “(e) Timing.—The Secretary shall issue an order granting, or declining to grant, reciprocal marketing approval with respect to a covered product not later than 30 days after the Secretary’s receipt of a request under subsection (b)(1) for the product. An order issued under this subsection shall take effect subject to Congressional disapproval under subsection (g). “(f) Labeling; device classification.—During the 30-day period described in subsection (e)— “(1) the Secretary and the sponsor of the covered product shall expeditiously negotiate and finalize the form and content of the labeling for a covered product for which reciprocal marketing approval is to be granted; and “(2) in the case of a device for which reciprocal marketing approval is to be granted, the Secretary shall— “(A) classify the device pursuant to section 513; and “(B) determine whether, absent reciprocal marketing approval, the device would need to be cleared pursuant to section 510(k) or approved pursuant to section 515 to be lawfully marketed under this Act. “(g) Congressional disapproval of FDA orders.— “(1) IN GENERAL.—A decision of the Secretary to decline to grant reciprocal marketing approval under this section shall not take effect if a joint resolution of disapproval of the decision is enacted. “(2) PROCEDURE.— “(A) IN GENERAL.—Subject to subparagraph (B), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this subsection. “(B) TERMS.—For purposes of this subsection— “(i) the reference to ‘section 801(a)(1)’ in section 802(b)(2)(A) of title 5, United States Code, shall be considered to refer to subsection (c)(2); and “(ii) the reference to ‘section 801(a)(1)(A)’ in section 802(e)(2) of title 5, United States Code, shall be considered to refer to subsection (c)(2). “(3) EFFECT OF CONGRESSIONAL DISAPPROVAL.—Reciprocal marketing approval under this section with respect to the applicable covered product shall take effect upon enactment of a joint resolution of disapproval under this subsection. “(h) Applicability of relevant provisions.—The provisions of this Act shall apply with respect to a covered product for which reciprocal marketing approval is in effect to the same extent and in the same manner as such provisions apply with respect to a product for which approval or clearance of an application or premarket notification under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable, is in effect. “(i) Fees for request.—For purposes of imposing fees under chapter VII, a request for reciprocal marketing approval under this section shall be treated as an application or premarket notification for approval or clearance under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. “(j) Outreach.—The Secretary shall conduct an outreach campaign to encourage the sponsors of covered products that are potentially eligible for reciprocal marketing approval to request such approval. “(k) Covered product defined.—In this section, the term ‘covered product’ means a drug, biological product, or device.”. “SEC. 524D. Conditional approval of human drugs for individuals with rare, progressive, and serious diseases. “(a) Conditional approval; priority review; other designations.— “(1) IN GENERAL.—The sponsor of a drug may file with the Secretary an application for conditional approval of an eligible drug described in subsection (b). The Secretary shall approve or deny such application in accordance with subsection (c). “(2) PRIORITY REVIEW.—The Secretary shall give priority review to an application for conditional approval of an eligible drug described in subsection (b). “(3) OTHER DESIGNATIONS.—If a drug that is granted conditional approval under this section is eligible for a special designation by the Secretary under this Act, including as a drug for a rare disease or condition under section 526, all applicable benefits of such other designation shall be available for use under such conditional approval, including any tax credits and waiving of fees under chapter VII. “(4) OTHER PROGRAMS.—A sponsor of a drug seeking conditional approval of such drug under this section may also seek designation, exclusivity, or approval, as applicable, of such drug under other applicable provisions of this Act or the Public Health Service Act, subject to the requirements of such provisions. “(b) Eligibility.— “(1) IN GENERAL.—A drug may be eligible for conditional approval under this section if such drug is intended to treat a disease or condition that is— “(A) rapidly progressive, terminal, and has substantial unmet medical need, as determined by the Secretary; or “(B) a rare disease or condition (as defined in section 526(a)(2)) that results in a substantially shortened lifespan, substantial reduction in quality of life, or other substantial adverse health effects, as determined by the Secretary. “(2) EXCLUSION FROM ELIGIBILITY.—A drug that is intended to treat or respond to a material threat identified by the Secretary of Homeland Security under section 319F–2(c)(2)(A)(ii) shall not be eligible for conditional approval under this section. “(c) Standard of review for conditional approval.— “(1) REQUIREMENTS.—The Secretary shall only approve an application for conditional approval of a drug under this section if— “(A) the Secretary determines that— “(i) (I) evidence of safety for the drug has been established by— “(aa) the completion of a phase 1 clinical investigation of the drug (as described in section 312.21 of title 21, Code of Federal Regulations (or successor regulations)); or “(bb) another demonstration of safety, as determined appropriate by the Secretary; and “(II) evidence of effectiveness in treating a given indication (which indication is congruent with the eligibility requirements of subsection (b)), as established by an ongoing or completed phase 2 clinical investigation of the drug (as described in section 312.21 of title 21, Code of Federal Regulations (or successor regulations)); or “(ii) in the case of a drug that is intended to treat a terminal pediatric rare disease or condition (as defined in section 526(a)(2)) that does not predominately affect adults— “(I) evidence of safety for the drug has been established in accordance with clause (i)(I); and “(II) the drug shows preliminary evidence of clinical effectiveness based upon studies in animal models; and “(B) the sponsor has provided a written affirmation of the sponsor’s intent to pursue under section 505 of this Act or section 351 of the Public Health Service Act approval of the drug, which affirmation shall include a justification and a plan for pursuing such approval. “(2) ROLLING, REAL-TIME REVIEW.— “(A) IN GENERAL.—If the Secretary determines, after preliminary evaluation of data submitted by the sponsor, that a drug may meet the standard for conditional approval, the sponsor may submit portions of an application for conditional approval of a drug under this section for evaluation by the Secretary before the sponsor submits a complete application, which submission shall include— “(i) a schedule for submission of information necessary to make the application complete; and “(ii) a payment of any fee that may be required under section 736. “(B) REVIEW.—The Secretary— “(i) shall evaluate each application submitted under subparagraph (A) to assess whether such application is complete or ready to be filed; and “(ii) may commence review of portions of such application for approval. “(3) USE OF REAL-WORLD EVIDENCE.— “(A) IN GENERAL.—The Secretary shall allow the use of real world evidence (as defined in section 505F(b)), including real world data used to generate real world evidence, and of external sources of data, including prospective or retrospective natural history data, to support an application for conditional approval under this section. “(B) DATA INTEGRITY REQUIREMENTS.—In using evidence described in subparagraph (A) to support an application for conditional approval under this section, the sponsor shall consider the guidance of the Food and Drug Administration entitled ‘Data Standards for Drug and Biological Product Submissions Containing Real-World Data’ and dated December 2023 (or successor guidance). “(d) FDA authority To withdraw conditional approval.— “(1) IN GENERAL.—The Secretary may withdraw the conditional approval of a drug under this section if— “(A) after adequate review of appropriate safety data, including data from an observational registry established under subsection (g), the Secretary determines that such data no longer supports conditional approval; “(B) the Secretary determines that the application for conditional approval submitted under subsection (a)(1) contained an untrue statement of material fact; or “(C) the Secretary determines that the drug is no longer eligible under subsection (b). “(2) FDA EXAMINATION AUTHORITY.— “(A) IN GENERAL.—For purposes determining whether to withdraw the conditional approval of a drug under paragraph (1), the Secretary may— “(i) review any available clinical data made available through clinical trials or an observational registry under subsection (g), applicable to such drug; and “(ii) determine whether the sponsor of such drug is in violation of a requirement established under paragraph (3) or (4) of section 505(o) or section 505–1 with respect to the drug. “(B) TRANSPARENCY.— “(i) IN GENERAL.—The Secretary may require drug sponsors and observational registries under subsection (g) to submit the data described in subparagraph (A) for the purposes of the review under that subparagraph. “(ii) FINES.—The Secretary may levy fines on sponsors and observational registries that do not comply with a request for data under clause (i) within such reasonable timeframe as is established by the Secretary. “(3) EFFECT OF WITHDRAWAL.— “(A) AVAILABILITY TO NEW PATIENTS.— “(i) IN GENERAL.—If a conditional approval is withdrawn under this subsection, the sponsor may not make the drug available to any new patients, but may continue to make such drug available to patients who started taking the drug prior to the date of withdrawal. “(ii) EFFECT.—Nothing in this subparagraph shall be construed to require— “(I) a patient to continue taking a conditionally approved drug if such patient decides to stop taking such drug; or “(II) the sponsor to ensure such drug continues to be manufactured after the date of withdrawal. “(B) CIVIL MONETARY PENALTY.—Any sponsor who makes available to new patients a drug for which conditional approval has been withdrawn under this subsection shall be subject to such civil monetary penalty as is determined by the Secretary. “(4) WITHDRAWAL NOTICE.—Upon determining to withdraw the conditional approval of a drug under paragraph (1), the Secretary shall submit written notice to the sponsor of such drug and such withdrawal shall be effective on the date that is 14 days after the date of such submission of notice. “(5) APPEALS.—Not later than 180 days after the date of enactment of the Promising Pathway Act 2.0, the Secretary, by rule, shall establish a process by which a sponsor of a drug for which conditional approval was withdrawn under paragraph (1) may appeal such withdrawal. “(6) AUTOMATIC WITHDRAWAL.— “(A) IN GENERAL.—If the sponsor of a drug that receives conditional approval under this section does not submit an application for renewal of such conditional approval under subsection (f)(2) by the deadline under that subsection, such conditional approval shall automatically be withdrawn in accordance with paragraph (3) on the date on which such conditional approval expires. “(B) MARKETING REQUIREMENT.—If any drug that receives conditional approval under this section is not brought to market within 1 year of the date on which the conditional approval is granted, such conditional approval, along with any benefits described in subsection (a)(3), shall automatically be withdrawn in accordance with paragraph (3) on such date. “(C) NO RIGHT TO APPEAL; EFFECT OF AUTOMATIC WITHDRAWAL.— “(i) IN GENERAL.—A sponsor shall not have the right to appeal an automatic withdrawal under this paragraph. “(ii) EFFECT.—The Secretary shall have no means or power to prevent an automatic withdrawal under this paragraph from occurring. “(e) Labeling; review of materials.— “(1) IN GENERAL.—Sponsors may not make available to patients a drug conditionally approved under this section, unless— “(A) all labeling and advertising of such drug contains the statement ‘conditionally approved for a limited population’ in a prominent manner and adjacent to, and not more prominent than— “(i) the proprietary name of such drug, if any; or “(ii) if there is no proprietary name, the established name of such drug, if any, as defined in section 502(e)(3), or, in the case of a drug that is a biological product, the proper name, as defined by regulation; and “(B) the prescribing information for the drug required by section 201.57 of title 21, Code of Federal Regulations (or any successor regulation) includes the following statement: ‘This drug is conditionally approved for use in a limited and specific population. This drug has not received full approval by the Food and Drug Administration. Conditional approval of this drug may be withdrawn at short notice.’. “(2) SUBMISSION.—Not later than 45 days before such materials are distributed, all promotional, educational, and marketing materials for such drug shall be submitted to the Secretary for review. “(3) PUBLIC LIST.—The Secretary shall maintain a list of all drugs conditionally approved under this section on a publicly accessible website. Such website shall briefly describe what each conditionally approved drugs is and list the 1 or more diseases or conditions for which the drug is indicated. “(f) Renewal of conditional approval; requirement To bring drug to market.— “(1) DURATION; RENEWALS.—The conditional approval for a drug under this section is effective for a 2-year period. The sponsor may request renewal of such conditional approval for up to 3 subsequent 2-year periods. Conditional approval with respect to a drug shall not exceed a total of 8 years from the initial date the drug was granted conditional approval. “(2) APPLICATIONS FOR RENEWAL OF CONDITIONAL APPROVAL.— “(A) IN GENERAL.—Except as provided in subparagraph (C), the sponsor of a drug seeking a renewal of conditional approval for such drug under this subsection shall submit to the Secretary, not later than 180 days before the date on which such conditional approval expires, an application that contains the applicable information described in paragraph (3) in a standardized format determined by the Secretary. “(B) PROCESS FOR GRANTING RENEWALS.—Not later than 180 days after the date of enactment of the Promising Pathway Act 2.0, the Secretary, by rule, shall establish the process for granting a renewal under this subsection. “(C) EXEMPTION FOR SMALL POPULATION DISEASES.— “(i) IN GENERAL.—The Secretary shall exempt from the requirements of subparagraph (A) and paragraph (3) an application for a renewal of conditional approval for a drug under this subsection if the Secretary determines that the population affected by the disease or condition that the drug is intended to treat does not support additional preliminary evidence of effectiveness (as defined in paragraph (3)(D)). “(ii) APPLICATION FOR EXEMPTION.—Sponsors may submit an application for exemption under this subparagraph not later than 180 days before the date on which the conditional approval expires. “(iii) APPLICATION PROCESS.—Not later than 180 days after the date of enactment of the Promising Pathway Act 2.0, the Secretary shall establish a standardized application process for purposes of this subparagraph. “(iv) DEADLINE.—The Secretary shall approve or deny an application under this subparagraph before the date on which the conditional approval expires. “(v) APPEALS.—Not later than 180 days after the date of enactment of the Promising Pathway Act 2.0, the Secretary shall establish a process under which a sponsor my appeal a denial of an application under this subparagraph. “(3) ADDITIONAL PRELIMINARY EVIDENCE OF EFFECTIVENESS.—The information described in this paragraph is the following: “(A) FOR THE FIRST APPROVAL RENEWAL.—With respect to an application under paragraph (2) for the first renewal of conditional approval for a drug under this subsection, additional preliminary evidence of effectiveness of the drug, as compared to the evidence provided in the initial application for conditional approval for the drug under subsection (c). “(B) FOR THE SECOND APPROVAL RENEWAL.—With respect to an application under paragraph (2) for the second renewal of conditional approval for a drug under this subsection, additional preliminary evidence of effectiveness of the drug, as compared to the evidence provided in the renewal application described in subparagraph (A). “(C) FOR THE FINAL APPROVAL RENEWAL.—With respect to an application under paragraph (2) for the third renewal of conditional approval for a drug under this subsection, a written affirmation from the head of the drug’s review division of the Office of New Drugs or the Office of Therapeutic Products asserting that a third renewal is necessary— “(i) for patients who have benefitted from such drug to retain access to such drug; and “(ii) to generate additional preliminary evidence of effectiveness for the purposes of attaining approval under section 505 of this Act or section 351 of the Public Health Service Act. “(D) DEFINITION.—In this paragraph, the term ‘preliminary evidence of effectiveness’ means— “(i) clinical evidence generated by an ongoing or completed clinical trial conducted in accordance with section 11.22 of title 42, Code of Federal Regulations (or successor regulations); “(ii) real-world evidence (as defined in section 505F(b)); or “(iii) evidence from an observational registry under subsection (g). “(4) DENIAL OF RENEWAL ON THE BASIS OF DATA FRAUD.—The Secretary may deny the application for renewal of conditional approval for a drug under this subsection if the Secretary, in conducting a review under subsection (d)(2), finds that the evidence provided in such application under subparagraph (A) or (B) of paragraph (3) was fraudulently manipulated by the applicable observational registry and that such application substantially relies on such data. “(g) Observational registries.— “(1) ESTABLISHMENT.— “(A) IN GENERAL.—Subject to subparagraph (C), the sponsor of a drug conditionally approved under this section shall establish an observational registry, for patients who are or will be treated with such drug, that pertains to the disease or condition that the drug is intended to treat. “(B) REGISTRIES.—In establishing an observational registry for a drug under subparagraph (A), the sponsor may— “(i) establish a new observational registry; “(ii) use an existing observational registry that pertains to the disease or condition such drug is intended to treat; “(iii) combine 1 or more existing observational registries that pertain to the disease or condition such drug is intended to treat with a new observational registry; or “(iv) combine 2 or more existing observational registries that pertain to the disease or condition such drug is intended to treat. “(C) APPROVAL OF REGISTRY AND RIGHT TO APPEAL.—Not later than 180 days after the date of enactment of the Promising Pathway Act 2.0, the Secretary shall establish— “(i) a process to approve or deny the establishment of an observational registry under subparagraph (A); and “(ii) a process for sponsors that received such a denial to appeal the denial. “(2) REQUIREMENT FOR PATIENTS TO ENROLL IN OBSERVATIONAL REGISTRY.— “(A) IN GENERAL.—A drug conditionally approved under this section shall not be made available to a patient unless such patient is enrolled in the applicable observational registry described in paragraph (1). “(B) INFORMED CONSENT.— “(i) IN GENERAL.—Prior to enrolling in an observational registry under subparagraph (A), a patient shall provide informed consent in accordance with clause (ii). “(ii) APPLICATION OF CERTAIN REQUIREMENTS.—The requirements for informed consent under part 50 of subchapter A of chapter I of title 21, Code of Federal Regulations (or successor regulations), shall apply to enrollment an observational registry under this paragraph. “(3) SUBMISSION OF PATIENT DATA.— “(A) IN GENERAL.—The sponsor of a drug conditionally approved under this section shall be responsible for obtaining and submitting patient data to the applicable observational registry described in paragraph (1). “(B) SUBMISSION STANDARDS.—Not later than 180 days after date of enactment of the Promising Pathway Act 2.0, the Secretary shall establish data submission standards for sponsors to comply with for purposes of subparagraph (A) to ensure that registry data is consistent and clinically informed. “(4) REQUIREMENTS FOR REGISTRIES.—An observational registry described in paragraph (1) for a drug conditionally approved under this section may be operated by the sponsor of such drug or, at the sponsor’s discretion, a third party, for-profit organization, or nonprofit organization. “(5) RISK AND BENEFIT DATA.— “(A) IN GENERAL.—The sponsor of a drug conditionally approved under this section shall submit relevant risk and benefit data to the applicable observational registry described in paragraph (1). “(B) ONLINE PORTAL.—The Secretary shall operate an online portal on an existing website of the Secretary for sponsors to submit data described in subparagraph (A). “(6) ACCESSIBILITY.— “(A) IN GENERAL.—An observational registry described in paragraph (1) shall— “(i) not later than 30 days after receipt of a request, provide patients (or their designated representatives) with access to such patient’s personal registry information; and “(ii) provide approved researchers and medical professionals access to de-identified and aggregated data from the registry for the purposes of indication- and disease-specific and translational research into conditions and diseases relating to the disease or condition that the drug tracked by the observational registry is intended to treat. “(B) APPROVED RESEARCHERS AND MEDICAL PROFESSIONALS.—Not later than 180 days after the date of enactment of the Promising Pathway Act 2.0, the Secretary, by rule, shall establish a process for approving researchers and medical professionals for purposes of subparagraph (A)(ii). “(7) EFFECT.—Nothing in this section shall be construed to modify or limit the Secretary’s authority to require for a drug conditionally approved under this section any type of postapproval study under any other provision of law, including sections 505(o)(3), 505B, and 506. “(h) Pursuit of a different indication.— “(1) IN GENERAL.—In the case of a drug conditionally approved under this section for which such approval was withdrawn under subsection (d), expired under subsection (f)(1), or was denied for renewal under subsection (f)(4), not later than 2 years after the date of withdrawal, expiration, or denial, as applicable, the sponsor of such drug shall have the opportunity to petition the Secretary to receive conditional approval of such drug, in accordance with this section, for a different indication. “(2) PROCESS.—Not later than 180 days after the date of enactment of the Promising Pathway Act 2.0, the Secretary shall establish a process for petitions under paragraph (1). “(i) Transition to other forms of approval.— “(1) IN GENERAL.—A drug that receives conditional approval under this section may be granted approval under section 505 of this Act or section 351 of the Public Health Service Act during the period in which such conditional approval is in effect. Effective on the date on which approval for such drug is granted under section 505 of this Act or section 351 of the Public Health Service Act, such conditional approval shall be automatically withdrawn in accordance with subsection (d)(3). “(2) CONSIDERATION OF CERTAIN EVIDENCE.—In determining whether to approve under section 505 of this Act or section 351 of the Public Health Service Act a drug that has received conditional approval under this section, the Secretary may consider evidence from the observational registry for the drug under subsection (g). “(j) Informed consent.— “(1) IN GENERAL.—Prior to being prescribed a drug conditionally approved under this section, a patient shall provide informed consent in accordance with paragraph (2). “(2) APPLICATION OF CERTAIN REQUIREMENTS.—The requirements for informed consent under part 50 of subchapter A of chapter I of title 21, Code of Federal Regulations (or successor regulations), shall apply to drugs conditionally approved under this section. “(3) OBSERVATIONAL REGISTRIES.—An observational registry established for a drug in accordance with subsection (g) may obtain, and maintain records of, informed consent of a patient on behalf of the drug sponsor, in accordance with paragraph (2). “(4) COMMON RULE.—Drugs conditionally approved under this section shall comply with subpart A of part 46 of title 45, Code of Federal Regulations (commonly known as the ‘Common Rule’) (or successor regulations), if applicable. “(k) Limitation on liability.—With respect to any claim under State law relating to a drug made available pursuant to a grant of conditional approval under this section, no liability shall lie against a sponsor or manufacturer of the drug, or any health care provider who prescribes or administers the drug, absent intentional wrongdoing. “(l) Report to Congress.— “(1) IN GENERAL.—Not later than 2 years after the date of enactment of the Promising Pathway Act 2.0, and once every 2 years thereafter, the Secretary, in collaboration with drug sponsors, shall submit a report to Congress on all drugs granted conditional approval under this section. Such report shall include— “(A) an estimated number of patients treated with each such drug, and the number of patients tracked in an observational registry under subsection (g) with respect to each such drug, if applicable; “(B) a discussion, at an aggregate level , of the types and amounts of data obtained through observational registries under subsection (g), such as patient treatments and uses, length of use, side effects encountered, relevant biomarkers, scan results, cause of death and how long the patient lived, and adverse drug effects; “(C) a list of all such drugs for which an application for approval under this section, or an application for an extension of conditional approval under this section, has been submitted; and “(D) the number of all applications granted and denied conditional approval under this section. “(2) SPONSOR PARTICIPATION.—Not later than 180 days before the date on which the Secretary submits a report under paragraph (1), the sponsor of a drug conditionally approved under this section shall provide to the Secretary the information described in subparagraphs (A) and (B) of paragraph (1), as applicable. “(3) NOTICE AUTHORITY.—The Secretary may notify sponsors of drugs conditionally approved under this section and observational registries under subsection (g) as necessary to complete a report under paragraph (1).”. (f) Conforming amendment.—Section 505(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(a)) is amended by inserting “, or there is in effect a conditional approval under section 524D with respect to such drug” before the period. (g) Reimbursement.— (1) PRIVATE HEALTH INSURERS.—Section 2719A of the Public Health Service Act (42 U.S.C. 300gg–19a) is amended by adding at the end the following: “(f) Coverage of certain drugs.—A group health plan or health insurance issuer offering group or individual health insurance coverage shall provide coverage for, and shall not impose any cost sharing requirements for, drugs conditionally approved under section 524C of the Federal Food, Drug, and Cosmetic Act for patients who have the disease or condition the drug is intended to treat.”. (2) FEDERAL HEALTH CARE PROGRAMS.—The requirement under subsection (f) of section 2719A of the Public Health Service Act (as added by paragraph (1)) shall apply with respect to coverage determinations under a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))) in the same manner such requirement applies under such subsection (f). (3) CONFORMING AMENDMENT.—Section 1927(k)(2)(A)(i) of the Social Security Act (42 U.S.C. 1396r–8(k)(2)(A)(i)) is amended— (A) by striking “or which” and inserting “, which”; and (B) by inserting “, or which is conditionally approved under section 524C of such Act” before the semicolon. (h) Definitions relating to compounding of drug products.—Section 503A(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353a(b)) is amended— (1) by amending paragraph (1)(D) to read as follows: “(D) does not, more than 20 times in a single month, compound any drug product that is essentially a copy of a commercially available drug product.”; and (2) by amending paragraph (2) to read as follows: “(2) DEFINITIONS.— “(A) For purposes of paragraph (1)(D), the term ‘essentially a copy of a commercially available drug product’ means any drug product— “(i) that contains any active ingredient found in a commercially available drug product; and “(ii) in which there is no change, made for an identified individual patient, which produces for that patient a significant difference, as determined by the prescribing practitioner, between the compounded drug product and the comparable commercially available drug product. “(B) For purposes of subparagraph (A), the term ‘commercially available drug product’ includes any drug product that— “(i) is sold in the commercial marketplace in the United States and manufactured in one or more facilities required to comply with section 501(a)(2)(B); and “(ii) is not included in the discontinued section of the list of products described in section 505(j)(7)(A).”. (i) Reporting requirement.—Section 503A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353a) is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: “(d) Reporting requirement.— “(1) IN GENERAL.—For calendar year 2025 and each calendar year thereafter, if a pharmacy, facility, or physician compounds, more than 20 times in a single month for patients who reside outside the State in which the compounding occurs, any drug product that contains any active ingredient found in a commercially available drug product (as defined in subsection (b)(2)(B)), such pharmacy, facility, or physician shall submit a report to the Secretary. “(2) CONTENTS.—Each report under paragraph (1) shall identify— “(A) each type of drug product described in paragraph (1) that is compounded for a patient described in such paragraph; and “(B) for each month, the total number of times each such type is so compounded. “(3) TIMING.—For any calendar year for which paragraph (1) applies, the pharmacy, facility, or physician shall submit the report under such paragraph not later than the end of such calendar year. “(4) FORM AND MANNER.—A pharmacy, facility, or physician shall submit each report under paragraph (1) in such form and manner as the Secretary may prescribe. “(5) HOSPITAL PHARMACY EXCLUSION.—This subsection does not apply to the compounding of any drug products for hospital patients by a pharmacy located on the premises of the hospital.”. (j) Large-scale outsourcing facilities. (1) Inspections.—Section 503B(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353b(b)) is amended by adding at the end the following: “(6) INSPECTIONS OF LARGE-SCALE OUTSOURCING FACILITIES.— “(A) IN GENERAL.—In the case of a large-scale outsourcing facility, the risk-based inspections under paragraph (4) shall include— “(i) an inspection prior to such facility compounding any drug product for the first time; and “(ii) the reinspection of such facility not less than biennially. “(B) LARGE-SCALE OUTSOURCING FACILITY DEFINED.—For purposes of this paragraph, the term ‘large-scale outsourcing facility’ means any outsourcing facility that compounds, more than 100 times in a single calendar year, any drug product.”. (2) Registration and reporting requirement.—Section 510(g)(1) of such Act (21 U.S.C. 360(g)(1)) is amended by inserting before the semicolon at the end the following: “, except that the exemption in this paragraph shall not apply to any outsourcing facility (as defined in section 503B(d)(4))”. (3) Delayed applicability.—The amendments made by subsections (a) and (b) apply beginning 6 months after the date of enactment of this Act. (k) Base establishment fee.—Section 744K(c)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j–62(c)(1)(A)(i)) is amended by striking “$15,000” and inserting “a base amount deemed appropriate by the Secretary to fund activities to ensure the safety of compounded drug products”. Sec. 439. Oversight of pharmacy benefit management services. (a) Public health service act.—Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended— (1) in part D (42 U.S.C. 300gg–111 et seq.), by adding at the end the following new section: “SEC. 2799A–11. Oversight of entities that provide pharmacy benefit management services. “(a) In general.—For plan years beginning on or after the date that is 30 months after the date of enactment of this section (referred to in this subsection and subsection (b) as the ‘effective date’), a group health plan or a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of such a plan or issuer, shall not enter into a contract, including an extension or renewal of a contract, entered into on or after the effective date, with an applicable entity unless such applicable entity agrees to— “(1) not limit or delay the disclosure of information to the group health plan (including such a plan offered through a health insurance issuer) in such a manner that prevents an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage from making the reports described in subsection (b); and “(2) provide the entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer relevant information necessary to make the reports described in subsection (b). “(b) Reports.— “(1) IN GENERAL.—For plan years beginning on or after the effective date, in the case of any contract between a group health plan or a health insurance issuer offering group health insurance coverage offered in connection with such a plan and an entity providing pharmacy benefit management services on behalf of such plan or issuer, including an extension or renewal of such a contract, entered into on or after the effective date, the entity providing pharmacy benefit management services on behalf of such a group health plan or health insurance issuer, not less frequently than every 6 months (or, at the request of a group health plan, not less frequently than quarterly, and under the same conditions, terms, and cost of the semiannual report under this subsection), shall submit to the group health plan a report in accordance with this section. Each such report shall be made available to such group health plan in plain language, in a machine-readable format, and as the Secretary may determine, other formats. Each such report shall include the information described in paragraph (2). “(2) INFORMATION DESCRIBED.—For purposes of paragraph (1), the information described in this paragraph is, with respect to drugs covered by a group health plan or group health insurance coverage offered by a health insurance issuer in connection with a group health plan during each reporting period— “(A) in the case of a group health plan that is offered by a specified large employer or that is a specified large plan, and is not offered as health insurance coverage, or in the case of health insurance coverage for which the election under paragraph (3) is made for the applicable reporting period— “(i) a list of drugs for which a claim was filed and, with respect to each such drug on such list— “(I) the contracted compensation paid by the group health plan or health insurance issuer for each covered drug (identified by the National Drug Code) to the entity providing pharmacy benefit management services or other applicable entity on behalf of the group health plan or health insurance issuer; “(II) the contracted compensation paid to the pharmacy, by any entity providing pharmacy benefit management services or other applicable entity on behalf of the group health plan or health insurance issuer, for each covered drug (identified by the National Drug Code); “(III) for each such claim, the difference between the amount paid under subclause (I) and the amount paid under subclause (II); “(IV) the proprietary name, established name or proper name, and National Drug Code; “(V) for each claim for the drug (including original prescriptions and refills) and for each dosage unit of the drug for which a claim was filed, the type of dispensing channel used to furnish the drug, including retail, mail order, or specialty pharmacy; “(VI) with respect to each drug dispensed, for each type of dispensing channel (including retail, mail order, or specialty pharmacy)— “(aa) whether such drug is a brand name drug or a generic drug, and— “(AA) in the case of a brand name drug, the wholesale acquisition cost, listed as cost per days supply and cost per dosage unit, on the date such drug was dispensed; and “(BB) in the case of a generic drug, the average wholesale price, listed as cost per days supply and cost per dosage unit, on the date such drug was dispensed; and “(bb) the total number of— “(AA) prescription claims (including original prescriptions and refills); “(BB) participants and beneficiaries for whom a claim for such drug was filed through the applicable dispensing channel; “(CC) dosage units and dosage units per fill of such drug; and “(DD) days supply of such drug per fill; “(VII) the net price per course of treatment or single fill, such as a 30-day supply or 90-day supply to the plan or coverage after rebates, fees, alternative discounts, or other remuneration received from applicable entities; “(VIII) the total amount of out-of-pocket spending by participants and beneficiaries on such drug, including spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage, or for which no claim is submitted under the plan or coverage; “(IX) the total net spending on the drug; “(X) the total amount received, or expected to be received, by the plan or issuer from any applicable entity in rebates, fees, alternative discounts, or other remuneration; “(XI) the total amount received, or expected to be received, by the entity providing pharmacy benefit management services, from applicable entities, in rebates, fees, alternative discounts, or other remuneration from such entities— “(aa) for claims incurred during the reporting period; and “(bb) that is related to utilization of such drug or spending on such drug; and “(XII) to the extent feasible, information on the total amount of remuneration for such drug, including copayment assistance dollars paid, copayment cards applied, or other discounts provided by each drug manufacturer (or entity administering copayment assistance on behalf of such drug manufacturer), to the participants and beneficiaries enrolled in such plan or coverage; “(ii) a list of each therapeutic class (as defined by the Secretary) for which a claim was filed under the group health plan or health insurance coverage during the reporting period, and, with respect to each such therapeutic class— “(I) the total gross spending on drugs in such class before rebates, price concessions, alternative discounts, or other remuneration from applicable entities; “(II) the net spending in such class after such rebates, price concessions, alternative discounts, or other remuneration from applicable entities; “(III) the total amount received, or expected to be received, by the entity providing pharmacy benefit management services, from applicable entities, in rebates, fees, alternative discounts, or other remuneration from such entities— “(aa) for claims incurred during the reporting period; and “(bb) that is related to utilization of drugs or drug spending; “(IV) the average net spending per 30-day supply and per 90-day supply by the plan or by the issuer with respect to such coverage and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; “(V) the number of participants and beneficiaries who filled a prescription for a drug in such class, including the National Drug Code for each such drug; “(VI) if applicable, a description of the formulary tiers and utilization mechanisms (such as prior authorization or step therapy) employed for drugs in that class; and “(VII) the total out-of-pocket spending under the plan or coverage by participants and beneficiaries, including spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted under the plan or coverage; “(iii) with respect to any drug for which gross spending under the group health plan or health insurance coverage exceeded $10,000 during the reporting period or, in the case that gross spending under the group health plan or coverage exceeded $10,000 during the reporting period with respect to fewer than 50 drugs, with respect to the 50 prescription drugs with the highest spending during the reporting period— “(I) a list of all other drugs in the same therapeutic class as such drug; “(II) if applicable, the rationale for the formulary placement of such drug in that therapeutic category or class, selected from a list of standard rationales established by the Secretary, in consultation with stakeholders; and “(III) any change in formulary placement compared to the prior plan year; and “(iv) in the case that such plan or issuer (or an entity providing pharmacy benefit management services on behalf of such plan or issuer) has an affiliated pharmacy or pharmacy under common ownership, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives funded by an entity providing pharmacy benefit services— “(I) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies; “(II) the percentage of total prescriptions dispensed by such pharmacies to participants or beneficiaries in such plan or coverage; and “(III) a list of all drugs dispensed by such pharmacies to participants or beneficiaries enrolled in such plan or coverage, and, with respect to each drug dispensed— “(aa) the amount charged, per dosage unit, per 30-day supply, or per 90-day supply (as applicable) to the plan or issuer, and to participants and beneficiaries; “(bb) the median amount charged to such plan or issuer, and the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of such plan or coverage; “(cc) the lowest cost per dosage unit, per 30-day supply and per 90-day supply, for each such drug, including amounts charged to the plan or coverage and to participants and beneficiaries, that is available from any pharmacy included in the network of such plan or coverage; and “(dd) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if such drug is subject to a maximum price discount; and “(B) with respect to any group health plan, including group health insurance coverage offered in connection with such a plan, regardless of whether the plan or coverage is offered by a specified large employer or whether it is a specified large plan— “(i) a summary document for the group health plan that includes such information described in clauses (i) through (iv) of subparagraph (A), as specified by the Secretary through guidance, program instruction, or otherwise (with no requirement of notice and comment rulemaking), that the Secretary determines useful to group health plans for purposes of selecting pharmacy benefit management services, such as an estimated net price to group health plan and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; “(ii) a summary document for plans and issuers to provide to participants and beneficiaries, which shall be made available to participants or beneficiaries upon request to their group health plan (including in the case of group health insurance coverage offered in connection with such a plan), that— “(I) contains such information described in clauses (iii), (iv), (v), and (vi), as applicable, as specified by the Secretary through guidance, program instruction, or otherwise (with no requirement of notice and comment rulemaking) that the Secretary determines useful to participants or beneficiaries in better understanding the plan or coverage or benefits under such plan or coverage; “(II) contains only aggregate information; and “(III) states that participants and beneficiaries may request specific, claims-level information required to be furnished under subsection (c) from the group health plan or health insurance issuer; “(iii) with respect to drugs covered by such plan or coverage during such reporting period— “(I) the total net spending by the plan or coverage for all such drugs; “(II) the total amount received, or expected to be received, by the plan or issuer from any applicable entity in rebates, fees, alternative discounts, or other remuneration; and “(III) to the extent feasible, information on the total amount of remuneration for such drugs, including copayment assistance dollars paid, copayment cards applied, or other discounts provided by each drug manufacturer (or entity administering copayment assistance on behalf of such drug manufacturer) to participants and beneficiaries; “(iv) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act) to brokerage firms, brokers, consultants, advisors, or any other individual or firm, for— “(I) the referral of the group health plan’s or health insurance issuer’s business to an entity providing pharmacy benefit management services, including the identity of the recipient of such amounts; “(II) consideration of the entity providing pharmacy benefit management services by the group health plan or health insurance issuer; or “(III) the retention of the entity by the group health plan or health insurance issuer; “(v) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in such plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services under such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives directly or indirectly funded by such entity; and “(vi) total gross spending on all drugs under the plan or coverage during the reporting period. “(3) OPT-IN FOR GROUP HEALTH INSURANCE COVERAGE OFFERED BY A SPECIFIED LARGE EMPLOYER OR THAT IS A SPECIFIED LARGE PLAN.—In the case of group health insurance coverage offered in connection with a group health plan that is offered by a specified large employer or is a specified large plan, such group health plan may, on an annual basis, for plan years beginning on or after the date that is 30 months after the date of enactment of this section, elect to require an entity providing pharmacy benefit management services on behalf of the health insurance issuer to submit to such group health plan a report that includes all of the information described in paragraph (2)(A), in addition to the information described in paragraph (2)(B). “(4) PRIVACY REQUIREMENTS.— “(A) IN GENERAL.—An entity providing pharmacy benefit management services on behalf of a group health plan or a health insurance issuer offering group health insurance coverage shall report information under paragraph (1) in a manner consistent with the privacy regulations promulgated under section 13402(a) of the Health Information Technology for Economic and Clinical Health Act and consistent with the privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 in part 160 and subparts A and E of part 164 of title 45, Code of Federal Regulations (or successor regulations) (referred to in this paragraph as the ‘HIPAA privacy regulations’) and shall restrict the use and disclosure of such information according to such privacy regulations and such HIPAA privacy regulations. “(B) ADDITIONAL REQUIREMENTS.— “(i) IN GENERAL.—An entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage that submits a report under paragraph (1) shall ensure that such report contains only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). “(ii) RESTRICTIONS.—In carrying out this subsection, a group health plan shall comply with section 164.504(f) of title 45, Code of Federal Regulations (or a successor regulation), and a plan sponsor shall act in accordance with the terms of the agreement described in such section. “(C) RULE OF CONSTRUCTION.— “(i) Nothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations. “(ii) Nothing in this section shall be construed to affect the application of any Federal or State privacy or civil rights law, including the HIPAA privacy regulations, the Genetic Information Nondiscrimination Act of 2008 (Public Law 110–233) (including the amendments made by such Act), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), and title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e). “(D) WRITTEN NOTICE.—Each plan year, group health plans, including with respect to group health insurance coverage offered in connection with a group health plan, shall provide to each participant or beneficiary written notice informing the participant or beneficiary of the requirement for entities providing pharmacy benefit management services on behalf of the group health plan or health insurance issuer offering group health insurance coverage to submit reports to group health plans under paragraph (1), as applicable, which may include incorporating such notification in plan documents provided to the participant or beneficiary, or providing individual notification. “(E) LIMITATION TO BUSINESS ASSOCIATES.—A group health plan receiving a report under paragraph (1) may disclose such information only to the entity from which the report was received or to that entity’s business associates as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations) or as permitted by the HIPAA privacy regulations. “(F) CLARIFICATION REGARDING PUBLIC DISCLOSURE OF INFORMATION.—Nothing in this section shall prevent an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage, from placing reasonable restrictions on the public disclosure of the information contained in a report described in paragraph (1), except that such plan, issuer, or entity may not— “(i) restrict disclosure of such report to the Department of Health and Human Services, the Department of Labor, or the Department of the Treasury; or “(ii) prevent disclosure for the purposes of subsection (c), or any other public disclosure requirement under this section. “(G) LIMITED FORM OF REPORT.—The Secretary shall define through rulemaking a limited form of the report under paragraph (1) required with respect to any group health plan established by a plan sponsor that is, or is affiliated with, a drug manufacturer, drug wholesaler, or other direct participant in the drug supply chain, in order to prevent anti-competitive behavior. “(5) STANDARD FORMAT AND REGULATIONS.— “(A) IN GENERAL.—Not later than 18 months after the date of enactment of this section, the Secretary shall specify through rulemaking a standard format for entities providing pharmacy benefit management services on behalf of group health plans and health insurance issuers offering group health insurance coverage, to submit reports required under paragraph (1). “(B) ADDITIONAL REGULATIONS.—Not later than 18 months after the date of enactment of this section, the Secretary shall, through rulemaking, promulgate any other final regulations necessary to implement the requirements of this section. In promulgating such regulations, the Secretary shall, to the extent practicable, align the reporting requirements under this section with the reporting requirements under section 2799A–10. “(c) Requirement To provide information to participants or beneficiaries.—A group health plan, including with respect to group health insurance coverage offered in connection with a group health plan, upon request of a participant or beneficiary, shall provide to such participant or beneficiary— “(1) the summary document described in subsection (b)(2)(B)(ii); and “(2) the information described in subsection (b)(2)(A)(i)(III) with respect to a claim made by or on behalf of such participant or beneficiary. “(d) Enforcement.— “(1) IN GENERAL.—The Secretary shall enforce this section. The enforcement authority under this subsection shall apply only with respect to group health plans (including group health insurance coverage offered in connection with such a plan) to which the requirements of subparts I and II of part A and part D apply in accordance with section 2722, and with respect to entities providing pharmacy benefit management services on behalf of such plans and applicable entities providing services on behalf of such plans. “(2) FAILURE TO PROVIDE INFORMATION.—A group health plan, a health insurance issuer offering group health insurance coverage, an entity providing pharmacy benefit management services on behalf of such a plan or issuer, or an applicable entity providing services on behalf of such a plan or issuer that violates subsection (a); an entity providing pharmacy benefit management services on behalf of such a plan or issuer that fails to provide the information required under subsection (b); or a group health plan that fails to provide the information required under subsection (c), shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. “(3) FALSE INFORMATION.—A health insurance issuer, an entity providing pharmacy benefit management services, or a third party administrator providing services on behalf of such issuer offered by a health insurance issuer that knowingly provides false information under this section shall be subject to a civil monetary penalty in an amount not to exceed $100,000 for each item of false information. Such civil monetary penalty shall be in addition to other penalties as may be prescribed by law. “(4) PROCEDURE.—The provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under such section. “(5) WAIVERS.—The Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with the requirements in this section. “(e) Rule of construction.—Nothing in this section shall be construed to permit a health insurance issuer, group health plan, entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), (c), or (d) by such issuer, plan, or entity. “(f) Definitions.—In this section: “(1) APPLICABLE ENTITY.—The term ‘applicable entity’ means— “(A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; “(B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or “(C) such other entity as the Secretary may specify through rulemaking. “(2) APPLICABLE GROUP PURCHASING ORGANIZATION.—The term ‘applicable group purchasing organization’ means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services. “(3) CONTRACTED COMPENSATION.—The term ‘contracted compensation’ means the sum of any ingredient cost and dispensing fee for a drug (inclusive of the out-of-pocket costs to the participant or beneficiary), or another analogous compensation structure that the Secretary may specify through regulations. “(4) GROSS SPENDING.—The term ‘gross spending’, with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration. “(5) NET SPENDING.—The term ‘net spending’, with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration. “(6) PLAN SPONSOR.—The term ‘plan sponsor’ has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974. “(7) REMUNERATION.—The term ‘remuneration’ has the meaning given such term by the Secretary through rulemaking, which shall be reevaluated by the Secretary every 5 years. “(8) SPECIFIED LARGE EMPLOYER.—The term ‘specified large employer’ means, in connection with a group health plan (including group health insurance coverage offered in connection with such a plan) established or maintained by a single employer, with respect to a calendar year or a plan year, as applicable, an employer who employed an average of at least 100 employees on business days during the preceding calendar year or plan year and who employs at least 1 employee on the first day of the calendar year or plan year. “(9) SPECIFIED LARGE PLAN.—The term ‘specified large plan’ means a group health plan (including group health insurance coverage offered in connection with such a plan) established or maintained by a plan sponsor described in clause (ii) or (iii) of section 3(16)(B) of the Employee Retirement Income Security Act of 1974 that had an average of at least 100 participants on business days during the preceding calendar year or plan year, as applicable. “(10) WHOLESALE ACQUISITION COST.—The term ‘wholesale acquisition cost’ has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act.”; and (2) in section 2723 (42 U.S.C. 300gg–22)— (A) in subsection (a)— (i) in paragraph (1), by inserting “(other than section 2799A–11)” after “part D”; and (ii) in paragraph (2), by inserting “(other than section 2799A–11)” after “part D”; and (B) in subsection (b)— (i) in paragraph (1), by inserting “(other than section 2799A–11)” after “part D”; (ii) in paragraph (2)(A), by inserting “(other than section 2799A–11)” after “part D”; and (iii) in paragraph (2)(C)(ii), by inserting “(other than section 2799A–11)” after “part D”. (b) Employee retirement income security act of 1974.— (1) IN GENERAL.—Subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.) is amended— (A) in subpart B of part 7 (29 U.S.C. 1185 et seq.), by adding at the end the following: “SEC. 726. Oversight of entities that provide pharmacy benefit management services. “(a) In general.—For plan years beginning on or after the date that is 30 months after the date of enactment of this section (referred to in this subsection and subsection (b) as the ‘effective date’), a group health plan or a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of such a plan or issuer, shall not enter into a contract, including an extension or renewal of a contract, entered into on or after the effective date, with an applicable entity unless such applicable entity agrees to— “(1) not limit or delay the disclosure of information to the group health plan (including such a plan offered through a health insurance issuer) in such a manner that prevents an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage from making the reports described in subsection (b); and “(2) provide the entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer relevant information necessary to make the reports described in subsection (b). “(b) Reports.— “(1) IN GENERAL.—For plan years beginning on or after the effective date, in the case of any contract between a group health plan or a health insurance issuer offering group health insurance coverage offered in connection with such a plan and an entity providing pharmacy benefit management services on behalf of such plan or issuer, including an extension or renewal of such a contract, entered into on or after the effective date, the entity providing pharmacy benefit management services on behalf of such a group health plan or health insurance issuer, not less frequently than every 6 months (or, at the request of a group health plan, not less frequently than quarterly, and under the same conditions, terms, and cost of the semiannual report under this subsection), shall submit to the group health plan a report in accordance with this section. Each such report shall be made available to such group health plan in plain language, in a machine-readable format, and as the Secretary may determine, other formats. Each such report shall include the information described in paragraph (2). “(2) INFORMATION DESCRIBED.—For purposes of paragraph (1), the information described in this paragraph is, with respect to drugs covered by a group health plan or group health insurance coverage offered by a health insurance issuer in connection with a group health plan during each reporting period— “(A) in the case of a group health plan that is offered by a specified large employer or that is a specified large plan, and is not offered as health insurance coverage, or in the case of health insurance coverage for which the election under paragraph (3) is made for the applicable reporting period— “(i) a list of drugs for which a claim was filed and, with respect to each such drug on such list— “(I) the contracted compensation paid by the group health plan or health insurance issuer for each covered drug (identified by the National Drug Code) to the entity providing pharmacy benefit management services or other applicable entity on behalf of the group health plan or health insurance issuer; “(II) the contracted compensation paid to the pharmacy, by any entity providing pharmacy benefit management services or other applicable entity on behalf of the group health plan or health insurance issuer, for each covered drug (identified by the National Drug Code); “(III) for each such claim, the difference between the amount paid under subclause (I) and the amount paid under subclause (II); “(IV) the proprietary name, established name or proper name, and National Drug Code; “(V) for each claim for the drug (including original prescriptions and refills) and for each dosage unit of the drug for which a claim was filed, the type of dispensing channel used to furnish the drug, including retail, mail order, or specialty pharmacy; “(VI) with respect to each drug dispensed, for each type of dispensing channel (including retail, mail order, or specialty pharmacy)— “(aa) whether such drug is a brand name drug or a generic drug, and— “(AA) in the case of a brand name drug, the wholesale acquisition cost, listed as cost per days supply and cost per dosage unit, on the date such drug was dispensed; and “(BB) in the case of a generic drug, the average wholesale price, listed as cost per days supply and cost per dosage unit, on the date such drug was dispensed; and “(bb) the total number of— “(AA) prescription claims (including original prescriptions and refills); “(BB) participants and beneficiaries for whom a claim for such drug was filed through the applicable dispensing channel; “(CC) dosage units and dosage units per fill of such drug; and “(DD) days supply of such drug per fill; “(VII) the net price per course of treatment or single fill, such as a 30-day supply or 90-day supply to the plan or coverage after rebates, fees, alternative discounts, or other remuneration received from applicable entities; “(VIII) the total amount of out-of-pocket spending by participants and beneficiaries on such drug, including spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage, or for which no claim is submitted under the plan or coverage; “(IX) the total net spending on the drug; “(X) the total amount received, or expected to be received, by the plan or issuer from any applicable entity in rebates, fees, alternative discounts, or other remuneration; “(XI) the total amount received, or expected to be received, by the entity providing pharmacy benefit management services, from applicable entities, in rebates, fees, alternative discounts, or other remuneration from such entities— “(aa) for claims incurred during the reporting period; and “(bb) that is related to utilization of such drug or spending on such drug; and “(XII) to the extent feasible, information on the total amount of remuneration for such drug, including copayment assistance dollars paid, copayment cards applied, or other discounts provided by each drug manufacturer (or entity administering copayment assistance on behalf of such drug manufacturer), to the participants and beneficiaries enrolled in such plan or coverage; “(ii) a list of each therapeutic class (as defined by the Secretary) for which a claim was filed under the group health plan or health insurance coverage during the reporting period, and, with respect to each such therapeutic class— “(I) the total gross spending on drugs in such class before rebates, price concessions, alternative discounts, or other remuneration from applicable entities; “(II) the net spending in such class after such rebates, price concessions, alternative discounts, or other remuneration from applicable entities; “(III) the total amount received, or expected to be received, by the entity providing pharmacy benefit management services, from applicable entities, in rebates, fees, alternative discounts, or other remuneration from such entities— “(aa) for claims incurred during the reporting period; and “(bb) that is related to utilization of drugs or drug spending; “(IV) the average net spending per 30-day supply and per 90-day supply by the plan or by the issuer with respect to such coverage and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; “(V) the number of participants and beneficiaries who filled a prescription for a drug in such class, including the National Drug Code for each such drug; “(VI) if applicable, a description of the formulary tiers and utilization mechanisms (such as prior authorization or step therapy) employed for drugs in that class; and “(VII) the total out-of-pocket spending under the plan or coverage by participants and beneficiaries, including spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted under the plan or coverage; “(iii) with respect to any drug for which gross spending under the group health plan or health insurance coverage exceeded $10,000 during the reporting period or, in the case that gross spending under the group health plan or coverage exceeded $10,000 during the reporting period with respect to fewer than 50 drugs, with respect to the 50 prescription drugs with the highest spending during the reporting period— “(I) a list of all other drugs in the same therapeutic class as such drug; “(II) if applicable, the rationale for the formulary placement of such drug in that therapeutic category or class, selected from a list of standard rationales established by the Secretary, in consultation with stakeholders; and “(III) any change in formulary placement compared to the prior plan year; and “(iv) in the case that such plan or issuer (or an entity providing pharmacy benefit management services on behalf of such plan or issuer) has an affiliated pharmacy or pharmacy under common ownership, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost sharing assistance incentives funded by an entity providing pharmacy benefit services— “(I) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies; “(II) the percentage of total prescriptions dispensed by such pharmacies to participants or beneficiaries in such plan or coverage; and “(III) a list of all drugs dispensed by such pharmacies to participants or beneficiaries enrolled in such plan or coverage, and, with respect to each drug dispensed— “(aa) the amount charged, per dosage unit, per 30-day supply, or per 90-day supply (as applicable) to the plan or issuer, and to participants and beneficiaries; “(bb) the median amount charged to such plan or issuer, and the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of such plan or coverage; “(cc) the lowest cost per dosage unit, per 30-day supply and per 90-day supply, for each such drug, including amounts charged to the plan or coverage and to participants and beneficiaries, that is available from any pharmacy included in the network of such plan or coverage; and “(dd) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if such drug is subject to a maximum price discount; and “(B) with respect to any group health plan, including group health insurance coverage offered in connection with such a plan, regardless of whether the plan or coverage is offered by a specified large employer or whether it is a specified large plan— “(i) a summary document for the group health plan that includes such information described in clauses (i) through (iv) of subparagraph (A), as specified by the Secretary through guidance, program instruction, or otherwise (with no requirement of notice and comment rulemaking), that the Secretary determines useful to group health plans for purposes of selecting pharmacy benefit management services, such as an estimated net price to group health plan and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; “(ii) a summary document for plans and issuers to provide to participants and beneficiaries, which shall be made available to participants or beneficiaries upon request to their group health plan (including in the case of group health insurance coverage offered in connection with such a plan), that— “(I) contains such information described in clauses (iii), (iv), (v), and (vi), as applicable, as specified by the Secretary through guidance, program instruction, or otherwise (with no requirement of notice and comment rulemaking) that the Secretary determines useful to participants or beneficiaries in better understanding the plan or coverage or benefits under such plan or coverage; “(II) contains only aggregate information; and “(III) states that participants and beneficiaries may request specific, claims-level information required to be furnished under subsection (c) from the group health plan or health insurance issuer; “(iii) with respect to drugs covered by such plan or coverage during such reporting period— “(I) the total net spending by the plan or coverage for all such drugs; “(II) the total amount received, or expected to be received, by the plan or issuer from any applicable entity in rebates, fees, alternative discounts, or other remuneration; and “(III) to the extent feasible, information on the total amount of remuneration for such drugs, including copayment assistance dollars paid, copayment cards applied, or other discounts provided by each drug manufacturer (or entity administering copayment assistance on behalf of such drug manufacturer) to participants and beneficiaries; “(iv) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA)) to brokerage firms, brokers, consultants, advisors, or any other individual or firm, for— “(I) the referral of the group health plan’s or health insurance issuer’s business to an entity providing pharmacy benefit management services, including the identity of the recipient of such amounts; “(II) consideration of the entity providing pharmacy benefit management services by the group health plan or health insurance issuer; or “(III) the retention of the entity by the group health plan or health insurance issuer; “(v) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in such plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services under such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives directly or indirectly funded by such entity; and “(vi) total gross spending on all drugs under the plan or coverage during the reporting period. “(3) OPT-IN FOR GROUP HEALTH INSURANCE COVERAGE OFFERED BY A SPECIFIED LARGE EMPLOYER OR THAT IS A SPECIFIED LARGE PLAN.—In the case of group health insurance coverage offered in connection with a group health plan that is offered by a specified large employer or is a specified large plan, such group health plan may, on an annual basis, for plan years beginning on or after the date that is 30 months after the date of enactment of this section, elect to require an entity providing pharmacy benefit management services on behalf of the health insurance issuer to submit to such group health plan a report that includes all of the information described in paragraph (2)(A), in addition to the information described in paragraph (2)(B). “(4) PRIVACY REQUIREMENTS.— “(A) IN GENERAL.—An entity providing pharmacy benefit management services on behalf of a group health plan or a health insurance issuer offering group health insurance coverage shall report information under paragraph (1) in a manner consistent with the privacy regulations promulgated under section 13402(a) of the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17932(a)) and consistent with the privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 in part 160 and subparts A and E of part 164 of title 45, Code of Federal Regulations (or successor regulations) (referred to in this paragraph as the ‘HIPAA privacy regulations’) and shall restrict the use and disclosure of such information according to such privacy regulations and such HIPAA privacy regulations. “(B) ADDITIONAL REQUIREMENTS.— “(i) IN GENERAL.—An entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage that submits a report under paragraph (1) shall ensure that such report contains only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). “(ii) RESTRICTIONS.—In carrying out this subsection, a group health plan shall comply with section 164.504(f) of title 45, Code of Federal Regulations (or a successor regulation), and a plan sponsor shall act in accordance with the terms of the agreement described in such section. “(C) RULE OF CONSTRUCTION.— “(i) Nothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations. “(ii) Nothing in this section shall be construed to affect the application of any Federal or State privacy or civil rights law, including the HIPAA privacy regulations, the Genetic Information Nondiscrimination Act of 2008 (Public Law 110–233) (including the amendments made by such Act), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), and title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e). “(D) WRITTEN NOTICE.—Each plan year, group health plans, including with respect to group health insurance coverage offered in connection with a group health plan, shall provide to each participant or beneficiary written notice informing the participant or beneficiary of the requirement for entities providing pharmacy benefit management services on behalf of the group health plan or health insurance issuer offering group health insurance coverage to submit reports to group health plans under paragraph (1), as applicable, which may include incorporating such notification in plan documents provided to the participant or beneficiary, or providing individual notification. “(E) LIMITATION TO BUSINESS ASSOCIATES.—A group health plan receiving a report under paragraph (1) may disclose such information only to the entity from which the report was received or to that entity’s business associates as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations) or as permitted by the HIPAA privacy regulations. “(F) CLARIFICATION REGARDING PUBLIC DISCLOSURE OF INFORMATION.—Nothing in this section shall prevent an entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer offering group health insurance coverage, from placing reasonable restrictions on the public disclosure of the information contained in a report described in paragraph (1), except that such plan, issuer, or entity may not— “(i) restrict disclosure of such report to the Department of Health and Human Services, the Department of Labor, or the Department of the Treasury; or “(ii) prevent disclosure for the purposes of subsection (c), or any other public disclosure requirement under this section. “(G) LIMITED FORM OF REPORT.—The Secretary shall define through rulemaking a limited form of the report under paragraph (1) required with respect to any group health plan established by a plan sponsor that is, or is affiliated with, a drug manufacturer, drug wholesaler, or other direct participant in the drug supply chain, in order to prevent anti-competitive behavior. “(5) STANDARD FORMAT AND REGULATIONS.— “(A) IN GENERAL.—Not later than 18 months after the date of enactment of this section, the Secretary shall specify through rulemaking a standard format for entities providing pharmacy benefit management services on behalf of group health plans and health insurance issuers offering group health insurance coverage, to submit reports required under paragraph (1). “(B) ADDITIONAL REGULATIONS.—Not later than 18 months after the date of enactment of this section, the Secretary shall, through rulemaking, promulgate any other final regulations necessary to implement the requirements of this section. In promulgating such regulations, the Secretary shall, to the extent practicable, align the reporting requirements under this section with the reporting requirements under section 725. “(c) Requirement To provide information to participants or beneficiaries.—A group health plan, including with respect to group health insurance coverage offered in connection with a group health plan, upon request of a participant or beneficiary, shall provide to such participant or beneficiary— “(1) the summary document described in subsection (b)(2)(B)(ii); and “(2) the information described in subsection (b)(2)(A)(i)(III) with respect to a claim made by or on behalf of such participant or beneficiary. “(d) Rule of construction.—Nothing in this section shall be construed to permit a health insurance issuer, group health plan, entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), or (c) of this section or section 502(c)(13) by such issuer, plan, or entity. “(e) Definitions.—In this section: “(1) APPLICABLE ENTITY.—The term ‘applicable entity’ means— “(A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; “(B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or “(C) such other entity as the Secretary may specify through rulemaking. “(2) APPLICABLE GROUP PURCHASING ORGANIZATION.—The term ‘applicable group purchasing organization’ means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services. “(3) CONTRACTED COMPENSATION.—The term ‘contracted compensation’ means the sum of any ingredient cost and dispensing fee for a drug (inclusive of the out-of-pocket costs to the participant or beneficiary), or another analogous compensation structure that the Secretary may specify through regulations. “(4) GROSS SPENDING.—The term ‘gross spending’, with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration. “(5) NET SPENDING.—The term ‘net spending’, with respect to prescription drug benefits under a group health plan or health insurance coverage, means the amount spent by a group health plan or health insurance issuer on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration. “(6) PLAN SPONSOR.—The term ‘plan sponsor’ has the meaning given such term in section 3(16)(B). “(7) REMUNERATION.—The term ‘remuneration’ has the meaning given such term by the Secretary through rulemaking, which shall be reevaluated by the Secretary every 5 years. “(8) SPECIFIED LARGE EMPLOYER.—The term ‘specified large employer’ means, in connection with a group health plan (including group health insurance coverage offered in connection with such a plan) established or maintained by a single employer, with respect to a calendar year or a plan year, as applicable, an employer who employed an average of at least 100 employees on business days during the preceding calendar year or plan year and who employs at least 1 employee on the first day of the calendar year or plan year. “(9) SPECIFIED LARGE PLAN.—The term ‘specified large plan’ means a group health plan (including group health insurance coverage offered in connection with such a plan) established or maintained by a plan sponsor described in clause (ii) or (iii) of section 3(16)(B) that had an average of at least 100 participants on business days during the preceding calendar year or plan year, as applicable. “(10) WHOLESALE ACQUISITION COST.—The term ‘wholesale acquisition cost’ has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).”; (B) in section 502 (29 U.S.C. 1132)— (i) in subsection (a)(6), by striking “or (9)” and inserting “(9), or (13)”; (ii) in subsection (b)(3), by striking “under subsection (c)(9)” and inserting “under paragraphs (9) and (13) of subsection (c)”; and (iii) in subsection (c), by adding at the end the following: “(13) SECRETARIAL ENFORCEMENT AUTHORITY RELATING TO OVERSIGHT OF PHARMACY BENEFIT MANAGEMENT SERVICES.— “(A) FAILURE TO PROVIDE INFORMATION.—The Secretary may impose a penalty against a plan administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services on behalf of such a plan or issuer, or an applicable entity (as defined in section 726(f)) that violates section 726(a); an entity providing pharmacy benefit management services on behalf of such a plan or issuer that fails to provide the information required under section 726(b); or any person who causes a group health plan to fail to provide the information required under section 726(c), in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. “(B) FALSE INFORMATION.—The Secretary may impose a penalty against a plan administrator of a group health plan, a health insurance issuer offering group health insurance coverage, an entity providing pharmacy benefit management services, or an applicable entity (as defined in section 726(f)) that knowingly provides false information under section 726, in an amount not to exceed $100,000 for each item of false information. Such penalty shall be in addition to other penalties as may be prescribed by law. “(C) WAIVERS.—The Secretary may waive penalties under subparagraph (A), or extend the period of time for compliance with a requirement of this section, for an entity in violation of section 726 that has made a good-faith effort to comply with the requirements of section 726.”; and (C) in section 732(a) (29 U.S.C. 1191a(a)), by striking “section 711” and inserting “sections 711 and 726”. (2) CLERICAL AMENDMENT.—The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by inserting after the item relating to section 725 the following new item: “Sec. 726. Oversight of entities that provide pharmacy benefit management services.”. (c) Internal revenue code of 1986.— (1) IN GENERAL.—Chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end of subchapter B the following: “SEC. 9826. Oversight of entities that provide pharmacy benefit management services. “(a) In general.—For plan years beginning on or after the date that is 30 months after the date of enactment of this section (referred to in this subsection and subsection (b) as the ‘effective date’), a group health plan, or an entity providing pharmacy benefit management services on behalf of such a plan, shall not enter into a contract, including an extension or renewal of a contract, entered into on or after the effective date, with an applicable entity unless such applicable entity agrees to— “(1) not limit or delay the disclosure of information to the group health plan in such a manner that prevents an entity providing pharmacy benefit management services on behalf of a group health plan from making the reports described in subsection (b); and “(2) provide the entity providing pharmacy benefit management services on behalf of a group health plan relevant information necessary to make the reports described in subsection (b). “(b) Reports.— “(1) IN GENERAL.—For plan years beginning on or after the effective date, in the case of any contract between a group health plan and an entity providing pharmacy benefit management services on behalf of such plan, including an extension or renewal of such a contract, entered into on or after the effective date, the entity providing pharmacy benefit management services on behalf of such a group health plan, not less frequently than every 6 months (or, at the request of a group health plan, not less frequently than quarterly, and under the same conditions, terms, and cost of the semiannual report under this subsection), shall submit to the group health plan a report in accordance with this section. Each such report shall be made available to such group health plan in plain language, in a machine-readable format, and as the Secretary may determine, other formats. Each such report shall include the information described in paragraph (2). “(2) INFORMATION DESCRIBED.—For purposes of paragraph (1), the information described in this paragraph is, with respect to drugs covered by a group health plan during each reporting period— “(A) in the case of a group health plan that is offered by a specified large employer or that is a specified large plan, and is not offered as health insurance coverage, or in the case of health insurance coverage for which the election under paragraph (3) is made for the applicable reporting period— “(i) a list of drugs for which a claim was filed and, with respect to each such drug on such list— “(I) the contracted compensation paid by the group health plan for each covered drug (identified by the National Drug Code) to the entity providing pharmacy benefit management services or other applicable entity on behalf of the group health plan; “(II) the contracted compensation paid to the pharmacy, by any entity providing pharmacy benefit management services or other applicable entity on behalf of the group health plan, for each covered drug (identified by the National Drug Code); “(III) for each such claim, the difference between the amount paid under subclause (I) and the amount paid under subclause (II); “(IV) the proprietary name, established name or proper name, and National Drug Code; “(V) for each claim for the drug (including original prescriptions and refills) and for each dosage unit of the drug for which a claim was filed, the type of dispensing channel used to furnish the drug, including retail, mail order, or specialty pharmacy; “(VI) with respect to each drug dispensed, for each type of dispensing channel (including retail, mail order, or specialty pharmacy)— “(aa) whether such drug is a brand name drug or a generic drug, and— “(AA) in the case of a brand name drug, the wholesale acquisition cost, listed as cost per days supply and cost per dosage unit, on the date such drug was dispensed; and “(BB) in the case of a generic drug, the average wholesale price, listed as cost per days supply and cost per dosage unit, on the date such drug was dispensed; and “(bb) the total number of— “(AA) prescription claims (including original prescriptions and refills); “(BB) participants and beneficiaries for whom a claim for such drug was filed through the applicable dispensing channel; “(CC) dosage units and dosage units per fill of such drug; and “(DD) days supply of such drug per fill; “(VII) the net price per course of treatment or single fill, such as a 30-day supply or 90-day supply to the plan after rebates, fees, alternative discounts, or other remuneration received from applicable entities; “(VIII) the total amount of out-of-pocket spending by participants and beneficiaries on such drug, including spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan, or for which no claim is submitted under the plan; “(IX) the total net spending on the drug; “(X) the total amount received, or expected to be received, by the plan from any applicable entity in rebates, fees, alternative discounts, or other remuneration; “(XI) the total amount received, or expected to be received, by the entity providing pharmacy benefit management services, from applicable entities, in rebates, fees, alternative discounts, or other remuneration from such entities— “(aa) for claims incurred during the reporting period; and “(bb) that is related to utilization of such drug or spending on such drug; and “(XII) to the extent feasible, information on the total amount of remuneration for such drug, including copayment assistance dollars paid, copayment cards applied, or other discounts provided by each drug manufacturer (or entity administering copayment assistance on behalf of such drug manufacturer), to the participants and beneficiaries enrolled in such plan; “(ii) a list of each therapeutic class (as defined by the Secretary) for which a claim was filed under the group health plan during the reporting period, and, with respect to each such therapeutic class— “(I) the total gross spending on drugs in such class before rebates, price concessions, alternative discounts, or other remuneration from applicable entities; “(II) the net spending in such class after such rebates, price concessions, alternative discounts, or other remuneration from applicable entities; “(III) the total amount received, or expected to be received, by the entity providing pharmacy benefit management services, from applicable entities, in rebates, fees, alternative discounts, or other remuneration from such entities— “(aa) for claims incurred during the reporting period; and “(bb) that is related to utilization of drugs or drug spending; “(IV) the average net spending per 30-day supply and per 90-day supply by the plan and its participants and beneficiaries, among all drugs within the therapeutic class for which a claim was filed during the reporting period; “(V) the number of participants and beneficiaries who filled a prescription for a drug in such class, including the National Drug Code for each such drug; “(VI) if applicable, a description of the formulary tiers and utilization mechanisms (such as prior authorization or step therapy) employed for drugs in that class; and “(VII) the total out-of-pocket spending under the plan by participants and beneficiaries, including spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted under the plan; “(iii) with respect to any drug for which gross spending under the group health plan exceeded $10,000 during the reporting period or, in the case that gross spending under the group health plan exceeded $10,000 during the reporting period with respect to fewer than 50 drugs, with respect to the 50 prescription drugs with the highest spending during the reporting period— “(I) a list of all other drugs in the same therapeutic class as such drug; “(II) if applicable, the rationale for the formulary placement of such drug in that therapeutic category or class, selected from a list of standard rationales established by the Secretary, in consultation with stakeholders; and “(III) any change in formulary placement compared to the prior plan year; and “(iv) in the case that such plan (or an entity providing pharmacy benefit management services on behalf of such plan) has an affiliated pharmacy or pharmacy under common ownership, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost sharing assistance incentives funded by an entity providing pharmacy benefit services— “(I) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan to fill prescriptions at mail order, specialty, or retail pharmacies; “(II) the percentage of total prescriptions dispensed by such pharmacies to participants or beneficiaries in such plan; and “(III) a list of all drugs dispensed by such pharmacies to participants or beneficiaries enrolled in such plan, and, with respect to each drug dispensed— “(aa) the amount charged, per dosage unit, per 30-day supply, or per 90-day supply (as applicable) to the plan, and to participants and beneficiaries; “(bb) the median amount charged to such plan, and the interquartile range of the costs, per dosage unit, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not affiliated with or under common ownership with the entity and that are included in the pharmacy network of such plan; “(cc) the lowest cost per dosage unit, per 30-day supply and per 90-day supply, for each such drug, including amounts charged to the plan and to participants and beneficiaries, that is available from any pharmacy included in the network of such plan; and “(dd) the net acquisition cost per dosage unit, per 30-day supply, and per 90-day supply, if such drug is subject to a maximum price discount; and “(B) with respect to any group health plan, regardless of whether the plan is offered by a specified large employer or whether it is a specified large plan— “(i) a summary document for the group health plan that includes such information described in clauses (i) through (iv) of subparagraph (A), as specified by the Secretary through guidance, program instruction, or otherwise (with no requirement of notice and comment rulemaking), that the Secretary determines useful to group health plans for purposes of selecting pharmacy benefit management services, such as an estimated net price to group health plan and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary; “(ii) a summary document for plans to provide to participants and beneficiaries, which shall be made available to participants or beneficiaries upon request to their group health plan, that— “(I) contains such information described in clauses (iii), (iv), (v), and (vi), as applicable, as specified by the Secretary through guidance, program instruction, or otherwise (with no requirement of notice and comment rulemaking) that the Secretary determines useful to participants or beneficiaries in better understanding the plan or benefits under such plan; “(II) contains only aggregate information; and “(III) states that participants and beneficiaries may request specific, claims-level information required to be furnished under subsection (c) from the group health plan; “(iii) with respect to drugs covered by such plan during such reporting period— “(I) the total net spending by the plan for all such drugs; “(II) the total amount received, or expected to be received, by the plan from any applicable entity in rebates, fees, alternative discounts, or other remuneration; and “(III) to the extent feasible, information on the total amount of remuneration for such drugs, including copayment assistance dollars paid, copayment cards applied, or other discounts provided by each drug manufacturer (or entity administering copayment assistance on behalf of such drug manufacturer) to participants and beneficiaries; “(iv) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act (29 U.S.C. 1108(b)(2)(B)(ii)(dd)(AA))) to brokerage firms, brokers, consultants, advisors, or any other individual or firm, for— “(I) the referral of the group health plan’s business to an entity providing pharmacy benefit management services, including the identity of the recipient of such amounts; “(II) consideration of the entity providing pharmacy benefit management services by the group health plan; or “(III) the retention of the entity by the group health plan; “(v) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in such plan to fill prescriptions at mail order, specialty, or retail pharmacies that are affiliated with or under common ownership with the entity providing pharmacy benefit management services under such plan, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and cost-sharing assistance incentives directly or indirectly funded by such entity; and “(vi) total gross spending on all drugs under the plan during the reporting period. “(3) OPT-IN FOR GROUP HEALTH INSURANCE COVERAGE OFFERED BY A SPECIFIED LARGE EMPLOYER OR THAT IS A SPECIFIED LARGE PLAN.—In the case of group health insurance coverage offered in connection with a group health plan that is offered by a specified large employer or is a specified large plan, such group health plan may, on an annual basis, for plan years beginning on or after the date that is 30 months after the date of enactment of this section, elect to require an entity providing pharmacy benefit management services on behalf of the health insurance issuer to submit to such group health plan a report that includes all of the information described in paragraph (2)(A), in addition to the information described in paragraph (2)(B). “(4) PRIVACY REQUIREMENTS.— “(A) IN GENERAL.—An entity providing pharmacy benefit management services on behalf of a group health plan shall report information under paragraph (1) in a manner consistent with the privacy regulations promulgated under section 13402(a) of the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17932(a)) and consistent with the privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 in part 160 and subparts A and E of part 164 of title 45, Code of Federal Regulations (or successor regulations) (referred to in this paragraph as the ‘HIPAA privacy regulations’) and shall restrict the use and disclosure of such information according to such privacy regulations and such HIPAA privacy regulations. “(B) ADDITIONAL REQUIREMENTS.— “(i) IN GENERAL.—An entity providing pharmacy benefit management services on behalf of a group health plan that submits a report under paragraph (1) shall ensure that such report contains only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). “(ii) RESTRICTIONS.—In carrying out this subsection, a group health plan shall comply with section 164.504(f) of title 45, Code of Federal Regulations (or a successor regulation), and a plan sponsor shall act in accordance with the terms of the agreement described in such section. “(C) RULE OF CONSTRUCTION.— “(i) Nothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the HIPAA privacy regulations. “(ii) Nothing in this section shall be construed to affect the application of any Federal or State privacy or civil rights law, including the HIPAA privacy regulations, the Genetic Information Nondiscrimination Act of 2008 (Public Law 110–233) (including the amendments made by such Act), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), and title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e). “(D) WRITTEN NOTICE.—Each plan year, group health plans shall provide to each participant or beneficiary written notice informing the participant or beneficiary of the requirement for entities providing pharmacy benefit management services on behalf of the group health plan to submit reports to group health plans under paragraph (1), as applicable, which may include incorporating such notification in plan documents provided to the participant or beneficiary, or providing individual notification. “(E) LIMITATION TO BUSINESS ASSOCIATES.—A group health plan receiving a report under paragraph (1) may disclose such information only to the entity from which the report was received or to that entity’s business associates as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations) or as permitted by the HIPAA privacy regulations. “(F) CLARIFICATION REGARDING PUBLIC DISCLOSURE OF INFORMATION.—Nothing in this section shall prevent an entity providing pharmacy benefit management services on behalf of a group health plan, from placing reasonable restrictions on the public disclosure of the information contained in a report described in paragraph (1), except that such plan or entity may not— “(i) restrict disclosure of such report to the Department of Health and Human Services, the Department of Labor, or the Department of the Treasury; or “(ii) prevent disclosure for the purposes of subsection (c), or any other public disclosure requirement under this section. “(G) LIMITED FORM OF REPORT.—The Secretary shall define through rulemaking a limited form of the report under paragraph (1) required with respect to any group health plan established by a plan sponsor that is, or is affiliated with, a drug manufacturer, drug wholesaler, or other direct participant in the drug supply chain, in order to prevent anti-competitive behavior. “(5) STANDARD FORMAT AND REGULATIONS.— “(A) IN GENERAL.—Not later than 18 months after the date of enactment of this section, the Secretary shall specify through rulemaking a standard format for entities providing pharmacy benefit management services on behalf of group health plans, to submit reports required under paragraph (1). “(B) ADDITIONAL REGULATIONS.—Not later than 18 months after the date of enactment of this section, the Secretary shall, through rulemaking, promulgate any other final regulations necessary to implement the requirements of this section. In promulgating such regulations, the Secretary shall, to the extent practicable, align the reporting requirements under this section with the reporting requirements under section 9825. “(c) Requirement To provide information to participants or beneficiaries.—A group health plan, upon request of a participant or beneficiary, shall provide to such participant or beneficiary— “(1) the summary document described in subsection (b)(2)(B)(ii); and “(2) the information described in subsection (b)(2)(A)(i)(III) with respect to a claim made by or on behalf of such participant or beneficiary. “(d) Rule of construction.—Nothing in this section shall be construed to permit a health insurance issuer, group health plan, entity providing pharmacy benefit management services on behalf of a group health plan or health insurance issuer, or other entity to restrict disclosure to, or otherwise limit the access of, the Secretary to a report described in subsection (b)(1) or information related to compliance with subsections (a), (b), or (c) of this section or section 4980D(g) by such issuer, plan, or entity. “(e) Definitions.—In this section: “(1) APPLICABLE ENTITY.—The term ‘applicable entity’ means— “(A) an applicable group purchasing organization, drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), or associated third party; “(B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or “(C) such other entity as the Secretary may specify through rulemaking. “(2) APPLICABLE GROUP PURCHASING ORGANIZATION.—The term ‘applicable group purchasing organization’ means a group purchasing organization that is affiliated with or under common ownership with an entity providing pharmacy benefit management services. “(3) CONTRACTED COMPENSATION.—The term ‘contracted compensation’ means the sum of any ingredient cost and dispensing fee for a drug (inclusive of the out-of-pocket costs to the participant or beneficiary), or another analogous compensation structure that the Secretary may specify through regulations. “(4) GROSS SPENDING.—The term ‘gross spending’, with respect to prescription drug benefits under a group health plan, means the amount spent by a group health plan on prescription drug benefits, calculated before the application of rebates, fees, alternative discounts, or other remuneration. “(5) NET SPENDING.—The term ‘net spending’, with respect to prescription drug benefits under a group health plan, means the amount spent by a group health plan on prescription drug benefits, calculated after the application of rebates, fees, alternative discounts, or other remuneration. “(6) PLAN SPONSOR.—The term ‘plan sponsor’ has the meaning given such term in section 3(16)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(B)). “(7) REMUNERATION.—The term ‘remuneration’ has the meaning given such term by the Secretary, through rulemaking, which shall be reevaluated by the Secretary every 5 years. “(8) SPECIFIED LARGE EMPLOYER.—The term ‘specified large employer’ means, in connection with a group health plan established or maintained by a single employer, with respect to a calendar year or a plan year, as applicable, an employer who employed an average of at least 100 employees on business days during the preceding calendar year or plan year and who employs at least 1 employee on the first day of the calendar year or plan year. “(9) SPECIFIED LARGE PLAN.—The term ‘specified large plan’ means a group health plan established or maintained by a plan sponsor described in clause (ii) or (iii) of section 3(16)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(B)) that had an average of at least 100 participants on business days during the preceding calendar year or plan year, as applicable. “(10) WHOLESALE ACQUISITION COST.—The term ‘wholesale acquisition cost’ has the meaning given such term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(B)).”. (2) EXCEPTION FOR CERTAIN GROUP HEALTH PLANS.—Section 9831(a)(2) of the Internal Revenue Code of 1986 is amended by inserting “other than with respect to section 9826,” before “any group health plan”. (3) ENFORCEMENT.—Section 4980D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: “(g) Application to requirements imposed on certain entities providing pharmacy benefit management services.—In the case of any requirement under section 9826 that applies with respect to an entity providing pharmacy benefit management services on behalf of a group health plan, any reference in this section to such group health plan (and the reference in subsection (e)(1) to the employer) shall be treated as including a reference to such entity.”. (4) CLERICAL AMENDMENT.—The table of sections for subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: “Sec. 9826. Oversight of entities that provide pharmacy benefit management services.”. Subtitle D—Protecting Consumers from Unhealthy Food Sec. 441. Labeling requirement for fruits and vegetables with certain product coatings. (a) In general.—Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: “(z) (1) If it is a fruit or vegetable with a covered product coating, unless it bears labeling disclosing the use of such product coating. “(2) In this subsection, the term ‘covered product coating’ means a coating that is directly applied to a fruit or vegetable to extend the shelf life of the fruit or vegetable. Such term includes Apeel Sciences product coatings, including Edipeel and Organipeel.”. (b) Applicability.— (1) GUIDANCE.—Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance on the disclosure required to satisfy the amendment made by subsection (a). (2) MISBRANDING.—Section 403(z) of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)) shall apply to any fruit or vegetable labeled on or after the date that is 1 year after the date of enactment of this Act. Subtitle E—Making America Fit Again Sec. 451. Physical activity recommendations for Americans. (a) Reports.— (1) IN GENERAL.—Not later than December 31, 2029, and at least every 10 years thereafter, the Secretary of Health and Human Services (referred to in this section as the “Secretary”) shall publish a report that provides physical activity recommendations for the people of the United States. Each such report shall contain physical activity information and recommendations for consideration and use by the general public, and shall be considered, as applicable and appropriate, by relevant Federal agencies in carrying out relevant Federal health programs. (2) BASIS OF RECOMMENDATIONS.—The information contained in each report required under paragraph (1) shall be based on the most current evidence-based scientific and medical knowledge at the time the report is prepared, and shall include additional recommendations for population subgroups, such as children or individuals with disabilities, including information regarding engagement in appropriate physical activity and avoiding inactivity. (3) UPDATE REPORTS.—Not later than 5 years after the publication of the first report under paragraph (1), and at least every 10 years thereafter, the Secretary shall publish an updated report detailing evidence-based practices and highlighting continuing issues with respect to physical activity. The contents of reports under this paragraph may focus on a particular group, subsection, or other division of the general public or on a particular issue relating to physical activity. (b) Interaction with other recommendations.—Federal agencies proposing to issue physical activity recommendations that differ from the recommendations in the most recent report published under subsection (a)(1) shall, as applicable and appropriate, take into consideration the recommendations provided through reports issued under this Act. (c) Existing authority not affected.—This section is not intended to limit the support of biomedical research by any Federal agency or to limit the presentation or communication of scientific or medical findings or review of such findings by any Federal agency. (d) Limitation.—Notwithstanding any other provision of this Act, no physical fitness standard established under this Act shall be binding on any individual as a matter of Federal law or regulation. Sec. 452. Physical activity requirements for schools participating in the National School Lunch Program. (a) In general.—Section 9 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758) is amended by adding at the end the following: “(m) Physical activity requirements.—A school participating in the school lunch program under this Act with students in any of grades kindergarten through grade 5 shall ensure an opportunity during the school day for physical activity, in the form of physical education courses or recess periods, of not less than 150 minutes per week for students in those grades.”. (b) Local school wellness policies.—Section 9A(c) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758b(c)) is amended by inserting “, including to meet the minimum requirements for physical activity pursuant to section 9(m)” before the period at the end. Sec. 453. Physical improvement grant program. (a) In general.—The Secretary of Education shall make grants, on a competitive basis, to local educational agencies to perform the physical improvements referred to in subsection (b) for elementary schools and secondary schools served by such agencies. (b) Use of funds.—Each local educational agency receiving a grant under subsection (a) shall use such funds to ensure each elementary school and secondary school served by such agency— (1) hires a school resource officer who carries a firearm; and (2) establishes a single point of entry that includes a locked anteroom— (A) in which all guests of such school are inspected by such officer prior to entry into another area of such school; and (B) which has metal detectors at such point of entry. (c) Application.—To receive a grant under subsection (a), a local educational agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Report.—Not later than 1 year after the date of the enactment of this section, the Secretary shall submit to Congress a report on the implementation of subsection (a). (e) Definitions.—In this section: (1) ESEA TERMS.—The terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meaning given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) SCHOOL RESOURCE OFFICER.—The term “school resource officer” has the meaning given such term in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389). TITLE V—Pandemics and Epidemics Subtitle A—Pandemic preparedness Sec. 501. Emergency public health emergency construction. (a) In general.—During a State of public health emergency declared under 42 U.S.C. §247d, the Secretary of Health and Human Services, Centers for Disease Control, Public Health Service, and related institutions shall take all actions the Secretary determines necessary and appropriate to achieve and maintain operational health over the entire land and maritime territory of the United States and its protectorates, including the following— (1) systematic surveillance to prevent the spread of disease, as well as to prevent its spread into the United States from abroad; (2) physical infrastructure enhancements to prevent entry of a disease from abroad, including via humans, trade, non-human organisms, and any other means of transmission; (3) hospitals and other health facilities to quarantine, treat, and cure patients, including potential future patients; and (4) facilities to produce anything necessary to fulfill the requirements of a public health emergency, including personal protective equipment and sanitary products. (b) Operational Health Defined.—In this section, the term ''operational health'' means the prevention of all transmissions of disease from abroad, as well as the production of all things necessary to mitigate and eliminate a pandemic or epidemic, as well as complete knowledge over where affected persons and carriers may be located. (c) Economy.—Emergency measures including the hiring of potentially non-qualified personnel may be taken to ensure that the economy is stable during such a crisis. (d) Research.—In order to determine all possible means of transmission of any disease and determine necessities in the course of combating such emergencies, up to $1,000,000,000 are allocated until January 1, 2035. Furthermore, in cases in which research is insufficient during any public health emergency, the Government of the United States must ensure that thorough research is conducted to ensure that specific vectors of transmission including humans, pets including dogs and cats, mosquitoes, and object-based transmissions Sec. 502. Transportation safety during pandemics. (a) In general.—The Secretary of Transportation shall establish regulations to prevent the spread of epidemics on airplanes and sailing vessels with capacities exceeding five persons and to ensure that vehicles are available to repatriate United States citizens who are abroad in epidemic-striken areas abroad. Any regulations which further the spread of epidemics on such airplanes and sailing vessels are to be revoked. No such measure shall include any mandatory vaccination. (b) Funding.—The Secretary of Transportation shall be authorized to issue up to $200,000,000 in funds to assist businesses in complying with any new regulations issued under this section, provided that the Secretary prioritizes small businesses when distributing funds. (c) Report.—The Secretary of Transportation shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report regarding the safety of airplanes and sailing vessels not later than 90 days after the end of fiscal year 2027, and shall issue subsequent reports regarding the implementation of such regulations, the impediments to commerce caused by such regulations, and the impact of such regulations on jobs and small businesses; such reports shall include any regulations established or revoked under this section. Sec. 503. Public health emergency employment stability. (a) In general.—The Secretary of Commerce shall, preceding and during a State of public health emergency, make every effort to ensure continuing employment for U.S. citizens, and prepare plans in advance to mitigate economic damage that may be caused by such emergencies. (b) Regulatory authority.—The Secretary of Commerce shall be permitted, for up to 90 days after the enactment of this Act and subsequently for up to 90 days after the submission of the report described under section (c), to establish regulations (and disestablish existing regulations) in order to ensure that the United States is ready for a public health emergency, especially taking into account what has occurred in historic public health emergencies. (c) Funding.—The Secretary of Commerce shall be authorized to issue up to $200,000,000 in funds to assist businesses in complying with any new regulations issued under this section, provided that the Secretary prioritizes small businesses when distributing funds. (d) Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains the results of the study conducted under subsection (a); furthermore, the Secretary shall report all regulations established or disestablished in order to enable greater public health emergency readiness to the same committees. (e) HHS cooperation.—To fulfill the requirements of this section, the Secretary of Commerce shall consult with the Secretary of Health and Human Services and the Secretary of Veterans Affairs. Sec. 504. Evaluation and reported related to ability to seal borders in times of emergency. (a) Evaluation.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall— (1) evaluate the authority of personnel of United States Customs and Border Protection to stop vehicles that enter the United States illegally and refuse to stop when ordered to do so by such personnel, compare such Customs authority with the authority of the Coast Guard to stop vessels under section 637 of title 14, United States Code, and make an assessment as to whether such Customs authority should be expanded; (2) review the equipment and technology available to United States Customs and Border Protection personnel to stop vehicles described in paragraph (1) and make an assessment as to whether or not better equipment or technology is available or should be developed; and (3) evaluate the training provided to United States Customs and Border Protection personnel to stop vehicles described in paragraph (1). (b) Report.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains the results of the evaluation conducted under subsection (a); the Secretary shall submit further reports not later than 90 days after the conclusions of fiscal years 2027, 2028, 2029, 2030, and 2031. Sec. 505. International travel during public health crises. Section 319 of the Public Health Service Act (42 U.S.C. §247d) is amended by adding at the end the following subsection: “(f) International travel. “(1) During a State of public health emergency declared under this Section, the Secretary of Homeland Security and Department of State shall not be authorized to issue any B1, B2, F-1, H-1B, H-2B, J-1, K-1, or TN-NAFTA visas, and all previously issued visas for persons currently not within the borders of the United States revoked, unless such issuance is approved by the Secretary of Health and Human Services as a person necessary to achieve and maintain operational health, unless it has been determined that unemployment rates are decreasing notwithstanding the emergency. “(2) The application of paragraph (1) may be limited if an epidemic is localized to a single area of the United States or limited to countries which have been affected by a global health emergency. “(3) In order to provide training for work-from-home and essential employment during a State of public health emergency, up to $200,000,000 are allocated until January 1, 2035. “(4) Any immigrant who is permitted to enter the United States pursuant to paragraph (2) must be required to undergo a quarantine of not less than the greater of 40 days or the maximum time necessary to prevent disease spread according to scientific research, and must pay any fees necessary to receive tests for all diseases related to an ongoing public health emergency. “(5) The United States Government may require medical testing and quarantine for any United States citizen who returns to the territory of the United States during a public health emergency, and when administering such testing, necessary precautions must be taken to ensure that no disease spreads from a potentially infected citizen. “(6) Intentional failure by employees or elected officials of the United States Government to meet requirements to control diseases may result in prosecution under Federal law. “(7) The application of paragraph (1) shall include any month for which the unemployment rate exceeds one percent following a public health emergency, provided that at least one month subsequent to such a declaration included an increase in unemployment rate, including after the end of a public health emergency.”. Sec. 506. Definition of public health emergency expanded. Section 319 of the Public Health Service Act (42 U.S.C. §247d) is amended as follows— (a) In paragraph (a)(1) by striking the word “or”, (b) In paragraph (a)(2) by striking the final comma and inserting at the end a semicolon, (c) By inserting paragraphs after (a)(2) as follows— “(3) a global health emergency or pandemic has been identified by the Secretary of Health and Human Services or when it is otherwise necessary to prevent any foreign disease or epidemic from traveling to the United States, including when any foreign epidemic or health emergency may be kept secret by any foreign government, international body, or other organization; “(4) a public health emergency caused by actions of any State or Territorial government; or “(5) a disease, disorder, or reasonable concern of a nuclear, biological, or chemical attack which could cause a public health emergency among United States citizens, their pets, or their food supply exists; then”. Sec. 507. Intentional spread of disease. (a) Subsection (c) of 18 U.S. Code §1122 is amended as follows— “(c) Penalty.— “(1) Any person convicted of violating the provisions of subsection (a) shall be subject to a fine under this title of not less than $20,000, imprisoned for not less than 1 year nor more than 10 years, or both. “(2) Penalties are doubled under paragraph (1) are doubled during states of public health emergency declared under 42 U.S.C. §247d.”. (b) After 18 U.S. Code §1122, a new section §1123 is added as follows— “1123. Prevention of disease spread “(a) In general.— “Any person who knowingly attempts to become a carrier for an infectious disease, or after testing positive for a disease knowingly attempts to infect another person, shall be punished in accordance with subsection (c). “(b) Transmission Not Required.— “Transmission of the disease involved does not have to occur for a person to be convicted of a violation of this section. “(c) Mask Not Required.— “Failure to wear a mask to prevent transmission of disease does not constitute a violation of this section. “(d) Special measures relating to the issuance of false information during a public health emergency.— “Intentional censorship of correct information on the basis of supposed inaccuracy, promotion of incorrect information, and attempts to debunk accurate information conducted by publicly-traded corporations or interactive computer services shall constitute intentional spread of disease when such actions occur during a public health emergency. Attempts to justify such censorship by claiming that medicines approved for humans are approved for non-human animals shall incur tripled fines and imprisonment of a minimum of seven years for all persons involved in such claims. Penalties shall be counted based on the number of such individual occurrences on the websites, applications, videos, or other documentation provided by such corporations or services, including for each post censored. For each person prohibited from use of an interactive computer service for sharing correct information about diseases, disease prevention, and disease treatment each such individual shall be paid compensation of a minimum of thitrty thousand dollars and fines shall be further doubled. “(e) Penalty.— “(1) Any person convicted of violating the provisions of subsection (a) shall be subject to a fine under this title of not less than $20,000, imprisoned for not less than 1 year nor more than 10 years, or both. “(2) Penalties described under paragraph (1) are doubled during states of public health emergency declared under 42 U.S.C. §247d.”. Sec. 508. Defense Production Act amendments. (a) Section 103 of the Defense Production Act (50 U.S.C. §4513) is amended by striking “$10,000” and inserting “$50,000” in its place. (b) Section 303 of the Defense Production Act (50 U.S.C. §4533) is amended by adding a new subsection (h) as follows— “(h) Civilian manufacturing and distribution “When, in a public health emergency or other emergency, the President has deemed it necessary to distribute certain items to civilians for defense purposes, the President shall have the authority to compel retailers to distribute such items and ensure that such items are made available for United States citizens, including by means of lessening conditions imposed by retailers on businesses (particularly businesses which are small, American, or both) which attempt to sell through them: Provided, That no provision of this chapter shall mandate the production or distribution of any applicable healthcare associated product or applicable luxury health plan defined in the Internal Revenue Code.”. (c) Section 713 of the Defense Production Act (50 U.S.C. §4562) is amended by striking the phrase “Territories and possessions” and inserting “insular areas” in its place. (d) The Defense Production Act is amended by adding a new section 724 (50 U.S.C. §4569) as follows— “724. Effect on other laws. “(a) In any case in which any law, Federal or otherwise, may hinder the implementation of this Act, such law may be waived or preempted. “(b) This section may not be used against any Associated State of the United States without the explicit and continuous consent of such Associated State.”. Sec. 509. Waivers for pandemic readiness. The requirements of any regulation or Act (other than the Internal Revenue Act of 1986 or any other Act which may be intended to raise revenue, to restrict outsourcing to foreign persons, to restrict international transportation of persons, or to restrict or tax international commerce) may be waived in order to improve the readiness of the United States against a public health emergency or to comply with any regulation established under this Act. Subtitle B—Public Health Service Sec. 511. Conscription into the Public Health Service. (a) In general.—A new subsection (l) is added to section 4 of the Military Selective Service Act (50 U.S. Code §3803) as follows— “(l) Conscription into the Public Health Service “(1) Notwithstanding provisions otherwise provided by this chapter, every person required to register pursuant to section 3802 of this chapter who is found to be capable of serving or has an intelligence quotient of at least 115, including persons between the ages of 18 and 26, shall be liable for training and service in the United States Public Health Service. “(2) Any person who is a licensed medical professional, including persons above the age of 26, may be conscripted into the Public Health Service or compelled to provide medical services except when such a professional is— “(A) Unable to perform medical work whatsoever including the training and/or supervision of persons liable for training and service in the United States Public Health Service, “(B) Below the age of 18, “(C) Obeying directions issued by the Public Health Service under 42 U.S.C. 300hh-18 or otherwise assisting in a public health emergency, or “(D) Exempt for reason of illness, preexisting employment in the national interest or service in the military, or another reason deemed reasonable for exemption by the Under-Secretary of Health. “(3) Subsequent to any required service under this subsection, any person who participates in such a capacity shall be considered for expedited licensing as a medical professional unless such a person did not serve in a medical capacity. “(4) Any person who is eligible to be conscripted under this subsection may enlist in the PHS during a State of public health emergency. “(5) The Public Health Service shall maintain tests, including for intelligence quotient, to gauge the suitability of potential conscripts.”. (b) Medical services open.—Part B, Subchapter XXVI, Chapter 6A of Title 42 of the United States Code is amended by adding at the end the following new section, which shall be numbered 2816 in the Public Health Service Act: “42 U.S.C. 300hh-18. Emergency Opening of Primary Care Providers “(a) During any public health emergency, the Public Health Service may direct the opening, reopening, or continued operation of any medical firm, subject to compliance with safety standards established by the Centers for Disease Control, as well as the refocusing of such services as necessary to ensure public health and safety. “(b) Failure to comply with directions of the United States Public Health Service under this section may incur fines of up to two million dollars, imprisonment or mandatory public health service of up to five years, or both. “(c) In cases in which diseases may spread between humans and domestic animals, veterinarians and other professionals involved in animal healthcare may be subject to this section. “(d) The Public Health Service may issue temporary price controls, which shall not last longer than three months without Congressional reauthorization, to enforce this section.”. (c) Creation of enlisted ranks within the Public Health Service.—After section 216 of the Public Health Service Act (42 U.S.C. §217), a new section 216a (42 U.S.C. §217a) is inserted as follows— “217a. Enlisted ranks “During a war or public health emergency, the President may permit the utilization of enlisted ranks within the Public Health Service, which shall be known as follows— “(a) Medic recruit, E-1 “(b) Medic apprentice, E-2 “(c) Medic, E-3 “(d) Senior medic, E-4 “(e) Petty medical officer second class, E-5 “(f) Petty medical officer first class, E-6 “(g) Chief petty medical officer, E-7”. Sec. 512. Veterinary care during public health emergencies. (a) The word “medical,” within the context of section 2816 of the Public Health Service Act, includes veterinary care. (b) As may be necessary, a State of public health emergency may include aid for veterinary care as well as directives intended to advance such care. Sec. 513. Public access to information regarding epidemics and potential epidemics. Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended by inserting a new subsection (g) as follows “(g) No interactive computer service may— “(1) censor (by means of content removal or by adding, appending, prefixing, or otherwise sharing additional information which may contradict the views expressed by persons censored) any information which is necessary for public safety in any environment where such information could otherwise be tolerable, regardless of whether such information is verified by the United States Government or by any State or Territory of the United States; “(2) censor (by means of content removal or by adding, appending, prefixing, or otherwise sharing additional information which may contradict the views expressed by persons censored) against agencies or officials of the United States Government regarding public health emergencies; or “(3) impose or maintain any ban, suspension, or other censorship or revocation of service for sharing any information which may be necessary during a public health emergency; “and simultaneously enjoy the protections provided by this section for a period of two years thereafter.”. Sec. 514. Relationship with State law. (a) Notwithstanding subsection (b), State law are preempted by this Act and the amendments by it insofar as State law may impair the ability of the United States, including any United States person or State thereof, to mitigate and control outbreaks of disease or to organize subsequent economic recovery. (b) No law enabling concurrent enforcement of any law enabling greater control over the borders of the United States, including its ability to control illegal immigration, is preempted by Federal law. (c) The word "State" as used in this subsection includes all United States territories and all subdivisions within States. (d) State law concerning the authority of subdivisions of states shall be considered State law for purposes of subsection (a) except insofar as such State law may be permissible to establish statewide uniform concurrent enforcement legislation pursuant to subsection (b). (e) Any State law facilitating concurrent enforcement of any provision of this Act or any amendment made by this Act is not preempted by Federal law. Sec. 515. Territorial enforcement. No United States territory, including the District of Columbia, may refuse to enforce any provision of this Act. Sec. 516. Eradication of Yersinia pestis. (a) The Department of Health and Human Services is authorized to eradicate the bacteria Yersinia pestis and the animal Xenopsylla cheopis, as well as carriers of the plague. (b) The Department of Health and Human Services is mandated to submit a report on the status of eradicating the two species specified by subsection (a) by 2029, and must submit further reports every year until the confirmed eradication of Yersinia pestis. (c) In order to eradicate the bacteria Yersinia pestis, up to $2,000,000,000 are allocated each fiscal year until January 1, 2035. Sec. 517. Limitation on liability for volunteer health care professionals. (a) In general.—Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by inserting after section 224 the following: “SEC. 224A. Limitation on liability for volunteer health care professionals. “(a) Limitation on liability.—Except as provided in subsection (b), a health care professional shall not be liable under Federal or State law for any harm caused by an act or omission of the professional if— “(1) the professional is serving as a volunteer for purposes of responding to a disaster; and “(2) the act or omission occurs— “(A) during the period of the disaster, as determined under the laws listed in subsection (e)(1); “(B) in the health care professional’s capacity as such a volunteer; and “(C) in a good faith belief that the individual being treated is in need of health care services. “(b) Exceptions.—Subsection (a) does not apply if— “(1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional; or “(2) the health care professional rendered the health care services under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or an intoxicating drug. “(c) Standard of proof.—In any civil action or proceeding against a health care professional claiming that the limitation in subsection (a) applies, the plaintiff shall have the burden of proving by clear and convincing evidence the extent to which limitation does not apply. “(d) Preemption.— “(1) IN GENERAL.—This section preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability. “(2) VOLUNTEER PROTECTION ACT.—Protections afforded by this section are in addition to those provided by the Volunteer Protection Act of 1997. “(e) Definitions.—In this section: “(1) The term ‘disaster’ means— “(A) a national emergency declared by the President under the National Emergencies Act; “(B) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or “(C) a public health emergency determined by the Secretary under section 319 of this Act. “(2) The term ‘harm’ includes physical, nonphysical, economic, and noneconomic losses. “(3) The term ‘health care professional’ means an individual who is licensed, certified, or authorized in one or more States to practice a health care profession. “(4) The term ‘State’ includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. “(5) (A) The term ‘volunteer’ means a health care professional who, with respect to the health care services rendered, does not receive— “(i) compensation; or “(ii) any other thing of value in lieu of compensation, in excess of $500 per year. “(B) For purposes of subparagraph (A), the term ‘compensation’— “(i) includes payment under any insurance policy or health plan, or under any Federal or State health benefits program; and “(ii) excludes— “(I) reasonable reimbursement or allowance for expenses actually incurred; “(II) receipt of paid leave; and “(III) receipt of items to be used exclusively for rendering the health services in the health care professional’s capacity as a volunteer described in subsection (a)(1).”. (b) Effective date.— (1) IN GENERAL.—The amendment made by subsection (a) shall take effect 90 days after the date of the enactment of this Act. (2) APPLICATION.—This Act applies to any claim for harm caused by an act or omission of a health care professional where the claim is filed on or after the effective date of this Act, but only if the harm that is the subject of the claim or the conduct that caused such harm occurred on or after such effective date. Subtitle C—Pandemic recovery Sec. 521. Renaming of the COVID-19 pandemic. The official name of the epidemic of the novel Coronavirus discovered in the year 2019 which occurred in the United States and internationally during the year 2020 is the Chinavirus epidemic of 2020, and the disease and virus which caused it shall be officially known in the United States as the Chinavirus disease (or Chinavirus) and the Chinavirus. The Delta variant shall henceforth be referred to as the Londonized Chinavirus and the Omnicron variant shall henceforth be named the South African Nu-Xi Chinavirus. Sec. 522. Authorization of imposition of sanctions. (a) In general.—The President may impose the sanctions described in subsection (b) with respect to any foreign terrorist organization designated prior to January 1, 2028 or any foreign person the President determines, based on credible evidence— (1) is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, or financially benefits from, acts intended to deliberately conceal or distort information about a public health emergency of international concern, including coronavirus disease 2019 (commonly known as “COVID–19”); or (2) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an act described in paragraph (1). (b) Sanctions described.—The sanctions described in this subsection are the following: (1) INADMISSIBILITY TO UNITED STATES.—In the case of a foreign person who is an individual— (A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or (B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa or other documentation. (2) BLOCKING OF PROPERTY.—The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (3) CANCELLATION OF FOREIGN ASSETS.—In the case of a foreign person who possesses any United States currency or any form of debt including any bond of the United States, or anything else the United States may be able to confiscate, the revocation, nullification, voidance, and confiscation of such assets by the United States Government. (4) TARIFFS.—The imposition by the President of the United States or any delegated officer of the United States of tariffs, imposed at a rate of up to 100%, on foreign goods, which would be paid by confiscation of assets of a foreign person or otherwise. (5) LETTERS OF MARQUE.—The issuance of letters of marque to enforce restitutions due to the United States, to the States thereof, and to United States citizens and nationals for the damages caused by public health emergencies. (6) SEIZURE OF OCEANIC, ARCHIPELAGIC, AND ISLANDIC TERRITORY.—In the case of a foreign person which occupies any territory which is an island or which is maritime, the United States may seize such territories. (c) Consideration of certain information in imposing sanctions.—In determining whether to impose sanctions under subsection (a), the President shall consider— (1) information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees; and (2) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights and global health issues, including issues related to infectious disease. (d) Requests by appropriate congressional committees.— (1) IN GENERAL.—Not later than 120 days after receiving a request that meets the requirements of paragraph (2) with respect to whether a foreign person is described in subsection (a), the President shall— (A) determine if that person is so described; and (B) submit a classified or unclassified report to the chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes— (i) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and (ii) if the President imposed or intends to impose sanctions, a description of those sanctions. (2) REQUIREMENTS.—A request under paragraph (1) with respect to whether a foreign person is described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees. (e) Exception To comply with United Nations headquarters agreement and law enforcement objectives.—Sanctions under subsection (b)(1) shall not apply to an individual if admitting the individual into the United States— (1) would further important law enforcement objectives; or (2) is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (f) Enforcement of blocking of property.—A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (g) Reports required.—Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report that includes— (1) a list of each foreign person with respect to which the President imposed sanctions under subsection (b) during the year preceding the submission of the report; (2) a description of the type of sanctions imposed with respect to each such person; (3) the number of foreign persons with respect to which the President— (A) imposed sanctions under subsection (b) during that year; or (B) terminated sanctions under subsection (h) during that year; (4) the dates on which such sanctions were imposed or terminated, as the case may be; (5) the reasons for imposing or terminating such sanctions; and (6) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by this section. (h) Termination of sanctions.—The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that— (1) credible information exists that the person did not engage in the activity for which sanctions were imposed; (2) the person has been prosecuted appropriately for the activity for which sanctions were imposed; or (3) the termination of the sanctions is in the national security interests of the United States. (i) Regulatory authority.—The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. (j) Definitions.—In this section: (1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term “appropriate congressional committees” means— (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. (2) FOREIGN PERSON.—The term “foreign person” means a person that is not a United States person. (3) PERSON.—The term “person” means an individual or entity. (4) PUBLIC HEALTH EMERGENCY OF INTERNATIONAL CONCERN.—The term “public health emergency of international concern” means a public health emergency determined to be a public health emergency of international concern by the Secretary of State on the advice of the Secretary of Health and Human Services concerning any pandemic which was declared by such Organization during the year 2020. (5) UNITED STATES PERSON.—The term “United States person” means— (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. Sec. 523. Post-lockdown health recovery. (a) No weight loss procedure or procedure including a liposuction shall be considered an applicable healthcare associated product (as defined by the Internal Revenue Code of 1986) during the fiscal years of 2030 or 2031. (b) Notwithstanding the Public Health Service Act and Federal Food, Drug, and Cosmetic Act, weight-loss medications may be distributed over-the-counter from the first month after this Act shall enter into force through the end of 2031; the Secretary of Health and Human Services shall establish a program to monitor the effects of over-the-counter weight-loss medications. (c) There are authorized to be appropriated to the Secretary of Health and Human Services to carry out subsection (a) $15,000,000 for each of the fiscal years 2028 through 2031, subject to the availability of appropriations. Sec. 524. Lockdowns ended. Any law, ordinance, or emegency order which implemented any curfew, stay-at-home order, vaccination mandate, facial covering mandate, or restraint of commerce in response to the 2020 Chinavirus pandemic or any subsequent Chinavirus outbreak or the Monkeypox epidemic is hereby preempted immediately upon the enactment of this Act. All mandates for the use of masks or for the use of any vaccine or test are hereby preempted upon the enactment of this Act. Any unobligated funds from Acts preceding the beginning of fiscal year 2027 are rescinded, unless otherwise reappropriated by this Act. Sec. 525. Investigation of VAERS. (a) In General.—The Inspector General of the Department of Health and Human Services shall investigate the Vaccine Adverse Event Reporting System of the Centers for Disease Control and Prevention and Food and Drug Administration. (b) Required Questions.— (1) INDIVIDUALS.— (A) In conducting the investigation under subsection (a), the Inspector General of the Department of Health and Human Services shall ask every individual who reported an adverse event to a COVID–19 vaccine at a minimum the following questions: (i) Which COVID–19 vaccine did you receive? (ii) Which vaccine did you receive as a booster shot? (iii) Do you have any allergies or preexisting conditions? (iv) Was the adverse event mild, such as minor pain or swelling, or severe, such as leading to hospitalization, disability, or death? (v) Can you describe in detail the symptoms of the adverse event? (vi) In detail, can you describe any health problems you believe were caused by the adverse event? (vii) Are you aware of any other individuals within your community who had a similar adverse event? (viii) When receiving a vaccination did you notice anything suspicious regarding how the vaccination was administered? (ix) How soon after the adverse event did you report it to the Vaccine Adverse Event Reporting System? (x) Did you seek compensation for the adverse event through the Countermeasures Injury Compensation Program? (xi) Would you be willing to testify under oath to a congressional committee? (B) If an individual described in subparagraph (A) is deceased, the Inspector General of the Department of Health and Human Services shall ask one or more of the individual’s immediate family members to answer (on the individual’s behalf) the questions listed in subparagraph (A). (2) MANUFACTURERS.—In conducting the investigation under subsection (a), the Inspector General of the Department of Health and Human Services shall ask each manufacturer of a COVID–19 vaccine that is distributed in the United States, at a minimum, the following questions and requests: (A) What are the ingredients in your COVID–19 vaccine or vaccines distributed in the United States? (B) Can you provide all information relating to your manufacturing methods and your data on the stability and safety of the product? (C) What is the address of each of your locations involved in the manufacture of the vaccines? (D) Did you include labeling of the vaccine or vaccines containing a specific statement describing how suspected adverse events can be reported? (E) Can you provide substantive evidence you have followed all Food and Drug Administration guidance regarding product safety? (F) How many adverse events did you report to the Vaccine Adverse Event Reporting System pursuant to section 2125 of the Public Health Service Act (42 U.S.C. 300aa–25) or other applicable law? (G) Are you conducting your own internal review of any adverse events caused by the vaccine or vaccines? (H) Are you ensuring that all public statements regarding vaccine safety are accurate? (I) Are you limiting reporting data regarding adverse events? (J) Would you be willing to direct representatives to testify under oath to a congressional committee? (3) HEALTH CARE PROVIDERS.—In conducting the investigation under subsection (a), the Inspector General of the Department of Health and Human Services shall ask a representative sample of health care providers, at a minimum, the following questions: (A) How many adverse events did you report to the Vaccine Adverse Event Reporting System pursuant to section 2125 of the Public Health Service Act (42 U.S.C. 300aa–25) or other applicable law? (B) What kind of compensation does your facility receive for vaccine administration and from which source or sources? (C) Is your facility keeping a record of any increase in hospitalization rates for individuals with adverse events following vaccination? (D) How many severe adverse events has your facility encountered? (E) How many mild adverse events has your facility encountered? (F) Has your facility determined if adverse events are caused by an immune response to the vaccine? (G) Is your facility keeping a record of any problems with vaccine administration? (H) Is your facility keeping a record of all breakthrough cases of COVID–19 in fully vaccinated patients? (I) Has your facility terminated any health care professionals who are opposed to vaccine mandates or who have raised questions regarding adverse events? (J) Would you be willing to direct representatives of your facility to testify under oath to a congressional committee? (c) Reports.— (1) REPORT ON VAERS.— (A) IN GENERAL.—Not later than 3 months after the date of enactment of this Act, the Inspector General of the Department of Health and Human Services shall— (i) complete the investigation under subsection (a); and (ii) publish a report on the results of such investigation. (B) CONTENTS.—The report under subparagraph (A)(ii) shall include the following: (i) A list of all reported COVID–19 vaccine related deaths and injuries in chronological order. (ii) Transcripts of all interviews conducted by the Inspector General pursuant to this section with an individual described in subsection (b)(1), a manufacturer described in subsection (b)(2), or a health care provider described in subsection (b)(3). (iii) A list of recommendations on how the Centers for Disease Control and Prevention and the Food and Drug Administration can strengthen the Vaccine Adverse Event Reporting System to be a more reliable method of obtaining information about adverse events. (iv) A determination on whether the Centers for Disease Control and Prevention or the Food and Drug Administration is hiding data regarding adverse events. (v) A determination on whether the Food and Drug Administration is suppressing data on the effectiveness of monoclonal antibodies that are used to treat COVID–19. (vi) Recommendations on further actions the Congress can take when conducting oversight regarding data collection by the Centers for Disease Control and Prevention and the Food and Drug Administration. (vii) A determination on whether adverse events are common or rare following administration of a COVID–19 vaccine. (viii) A determination of any causal relationship between any COVID–19 vaccine and specific adverse events using clinical, laboratory, or epidemiologic evidence. (ix) A determination on whether adverse events are intrinsic to the COVID–19 vaccine (meaning provoked by the immune response caused by the vaccine) or related to faulty production or administration of the COVID–19 vaccine. (2) REPORT ON INVESTIGATION.— (A) IN GENERAL.—Not later than 6 months after publishing the report required by paragraph (1)(A)(ii), the Inspector General of the Department of Health and Human Services shall submit to the relevant congressional committees a report on the implementation of this section. (B) CONTENTS.—The report under subparagraph (A) shall— (i) specify, of the amount authorized by subsection (c)(1) to be appropriated to carry out this section, the total amount obligated and expended; and (ii) describe how such amount was used. (d) Subpoena Power.—The Inspector General of the Department of Health and Human Services may, pursuant to authorities vested in the Inspector General by other applicable law, issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation pursuant to this section. (e) Authorization Of Appropriations.— (1) IN GENERAL.—To carry out this section, there is authorized to be appropriated $100,000,000 for the period beginning on the date of enactment of this Act and ending on the date of submission of the report required by subsection (b)(2). (2) OFFSET.— (A) REPEAL OF DEDUCTION FOR CERTAIN STATE AND LOCAL, ETC., TAXES OF INDIVIDUALS.—Section 164(b)(6) of the Internal Revenue Code of 1986 is amended by— (i) striking “and before January 1, 2030—” and all that follows through “a separate return).” and inserting “paragraphs (1), (2), and (3) of subsection (a) and paragraph (5) of this subsection shall not apply.”; and (ii) by striking “FOR TAXABLE YEARS 2018 THROUGH 2029” in the heading thereof. (B) EFFECTIVE DATE.—The amendments made by this paragraph shall apply to taxable years beginning after the date of the enactment of this Act. Sec. 526. Civil Rights Act Improvement. (a) Section 2000e(k) of title 42, United States Code is amended by striking the last instance of the article “an” and all that follows and inserting “any action with a potential basis that could be related to sexually transmitted diseases or risk of child abuse, including any action against persons with paraphilias which have been interpreted by the judicial or executive branches at any times as protected under this subsection, particularly homosexual, bisexual, and transsexual persons and persons who are designated or identified as paraphiliacs by Diagnostic and Statistical Manual of Mental Disorders, Third Edition.” in place of such wording. (b) A new subsection (o) is added to section 2000e of title 42 of the United States Code as follows: “The term “vaccine or lockdown status” means any use or disuse of a face covering, vaccine, or other preventative against any disease: Provided, That nothing herein shall preclude any measure that discourages or punishes sexually promiscuous behaviors or the use of applicable healthcare associated products as defined by section 5792 of the Internal Revenue Code.”. (c) 42 U.S. Code § 2000e–2, 42 U.S. Code § 2000e–3, 42 U.S. Code § 2000e–16, 42 U.S. Code § 2000e–16a, and 42 U.S. Code § 2000e–16b are amended by inserting “vaccine or lockdown status” after each mention of “sex,”. (d) 42 U.S. Code § 2000a, 42 U.S. Code § 2000a–1, 42 U.S. Code § 2000b, 42 U.S. Code § 2000c, 42 U.S. Code § 2000d, 42 U.S. Code § 2000f, 42 U.S. Code § 2000g–1, and 42 U.S. Code § 2000h–2 are amended by inserting “vaccine or lockdown status” after each mention of “color,”. (e) Section 2000e(k) of Title 42, United States Code, as amended, is further amended by inserting “excessive pronouncement of bodily sexual characteristics (including breasts, thighs, genitalia (the vagina of the female and the penis and testes of the male), buttocks, or other body parts which are influenced by sex, including by means of excessive size of such body parts not caused by obesity) except to the extent reasonable expectations of modesty may be imposed,” after each reference to “childbirth,”. Sec. 527. Post-Lockdown Education. (a) In General.—Except as provided in subsection (b), no funds shall be made available under any applicable program to any institution of higher education unless— (1) in-person instruction is available to all students at such institution; and (2) a student may opt-out of any requirement of the institution to wear a face covering, to be vaccinated against COVID–19, or to take a COVID–19 test. (b) Exceptions.—The requirement of subsection (a)(1) shall not apply to a course or program of study that an institution offers via distance education for reasons unrelated to COVID–19, unless restrictions on distance learning may be used to prevent the graduation of students. (c) Definitions.—In this section: (1) APPLICABLE PROGRAM.—The term “applicable program” has the meaning given the term in section 400(c) of the General Education Provisions Act (20 U.S.C. 1221(c)). (2) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) OTHER DEFINITIONS.—The terms “child”, “elementary school”, “parent”, “secondary school”, and “State” have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (d) Grants For Students.—From amounts made available under subsection (h), the Secretary of Education shall carry out a program under which the parent of a child who has an application approved by the Secretary under subsection (f) shall receive a grant to pay certain educational expenses on behalf of such child. (e) Application.—To be eligible to receive grant under this section, the parent of a child shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require. (f) Approval.—Subject to the availability of funds to carry out this section, the Secretary of Education shall make a grant under subsection (a) to the parent of a child if the parent— (1) submits a true and correct application under subsection (e); and (2) provides an assurance that the parent will use the grant only for the purposes authorized under this section. (g) Use Of Funds.—A parent who receives grant under this section on behalf of a child may use the grant to pay the following educational expenses: (1) Costs of attendance for the child at a private elementary school or private secondary school. (2) Costs incurred by the parent to homeschool the child. (3) Such other educational expenses as may be approved by the Secretary for purposes of this subsection. (h) Funding.—Notwithstanding any other provision of law, this section shall be carried out using amounts made available to the Secretary of Education under Acts providing funding for fiscal years prior to 2027 that are unobligated as of the date of the enactment of this Act and no additional amounts are authorized to be appropriated to carry out this section. (i) Preemption.—No State or Territory (including the District of Columbia) shall prohibit any accredited private elementary school or private secondary school or in any way restrict the practice of homeschooling. Sec. 528. Ketogenic diet deregulation. 21 U.S. Code § 342(a)(2)(A) is amended by inserting “(except a product useful for ketogenic or weight-loss dieting or for increasing high-density lipoprotein, in the case that a product is designated as unsafe due to increased cholesterol or risk of heart disease)” after “unsafe”. 21 U.S. Code § 342(a)(2)(C)(i) is amended by inserting “(except a product useful for ketogenic or weight-loss dieting or for increasing high-density lipoprotein, in the case that a product is designated as unsafe due to increased cholesterol or risk of heart disease)” after “unsafe”. TITLE VI—Veterans Sec. 601. Department of Energy veterans health research and development. (a) In general.—The Secretary shall establish and carry out a research program in artificial intelligence and high-performance computing, focused on the development of tools to solve big data challenges associated with veteran’s healthcare, and to support the efforts of the Department of Veterans Affairs to identify potential health risks and challenges utilizing data on long-term healthcare, health risks, and genomic data collected from veteran populations. The Secretary shall carry out this program through a competitive, merit-reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities. (b) Program components.—In carrying out the program established under subsection (a), the Secretary may— (1) conduct basic research in modeling and simulation, machine learning, large-scale data analytics, and predictive analysis in order to develop novel or optimized algorithms for prediction of disease treatment and recovery; (2) develop methods to accommodate large data sets with variable quality and scale, and to provide insight and models for complex systems; (3) develop new approaches and maximize the use of algorithms developed through artificial intelligence, machine learning, data analytics, natural language processing, modeling and simulation, and develop new algorithms suitable for high-performance computing systems and large biomedical data sets; (4) advance existing and construct new data enclaves capable of securely storing data sets provided by the Department of Veterans Affairs, Department of Defense, and other sources; and (5) promote collaboration and data sharing between National Laboratories, research entities, and user facilities of the Department by providing the necessary access and secure data transfer capabilities. (c) Coordination.—In carrying out the program required under subsection (a), the Secretary is authorized to— (1) enter into memoranda of understanding in order to carry out reimbursable agreements with the Department of Veterans Affairs and other entities in order to maximize the effectiveness of Department of Energy research and development to improve veterans’ healthcare; (2) consult with the Department of Veterans Affairs and other Federal agencies as appropriate; and (3) ensure that data storage meets all privacy and security requirements established by the Department of Veterans Affairs, and that access to data is provided in accordance with relevant Department of Veterans Affairs data access policies, including informed consent. (d) Report.—Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Science, Space, and Technology and the Committee on Veterans’ Affairs of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Veterans’ Affairs of the Senate, a report detailing the effectiveness of— (1) the interagency coordination between each Federal agency involved in the research program carried out under this section; (2) collaborative research achievements of the program; and (3) potential opportunities to expand the technical capabilities of the Department. (e) Funding.—There are authorized to be appropriated to the Secretary of Veterans Affairs to carry out this section $27,000,000 during the period of fiscal years 2028 through 2032, subject to the availability of appropriations. Sec. 602. Interagency collaboration. (a) In general.—The Secretary is authorized to carry out research, development, and demonstration activities to develop tools to apply to big data that enable Federal agencies, institutions of higher education, nonprofit research organizations, and industry to better leverage the capabilities of the Department to solve complex, big data challenges. The Secretary shall carry out these activities through a competitive, merit-reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities. (b) Activities.—In carrying out the research, development, and demonstration activities authorized under subsection (a), the Secretary may— (1) utilize all available mechanisms to prevent duplication and coordinate research efforts across the Department; (2) establish multiple user facilities to serve as data enclaves capable of securely storing data sets created by Federal agencies, institutions of higher education, nonprofit organizations, or industry at National Laboratories; and (3) promote collaboration and data sharing between National Laboratories, research entities, and user facilities of the Department by providing the necessary access and secure data transfer capabilities. (c) Report.—Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report evaluating the effectiveness of the activities authorized under subsection (a). (d) Funding.—There are authorized to be appropriated to the Secretary of Energy to carry out subsection (a) $15,000,000 for each of the fiscal years 2028 through 2031, subject to the availability of appropriations. Sec. 603. Pilot program on posttraumatic growth. (a) Program.—The Secretary of Veterans Affairs shall conduct a pilot program to study the effectiveness and benefits of nonprofit posttraumatic growth programs to determine— (1) the outcomes of such programs in contrast to traditional models of mental health care; (2) the possible integration of such nonprofit programs into the mental health care programs provided by the Secretary; and (3) the budgetary impacts of such integration. (b) Review and evaluation.—In developing the pilot program under subsection (a), the Secretary shall— (1) review relevant literature to summarize the existing knowledge regarding posttraumatic growth programs; and (2) evaluate such programs. (c) Duration.—The Secretary shall carry out the pilot program under subsection (a) for a two-year period beginning on the date that is 180 days after the date of the enactment of this Act. (d) Locations.—The Secretary shall select more than one location at which to carry out the pilot program under subsection (a), of which at least one location shall include a rural area. (e) Participants.— (1) ELIGIBILITY.—A veteran is eligible to participate in the pilot program under subsection (a) if the Secretary determines that the veteran is— (A) not at known immediate risk of attempting suicide; and (B) not participating in traditional mental health treatment. (2) FEMALE VETERANS.—Not fewer than four groups of veterans participating in the pilot program under subsection (a) shall consist only of female veterans. (3) MALE VETERANS.—Not fewer than four groups of veterans participating in the pilot program under subsection (a) shall consist only of male veterans. (4) MIXED GROUPS.—Not fewer than four groups of veterans participating in the pilot program under subsection (a) shall consist of both female veterans and male veterans. (f) Nonprofit organizations.—The Secretary shall carry out the pilot program under subsection (a) by entering into an agreement with one or more nonprofit organizations that— (1) have staff with expertise in evidence-based care and experience working with veterans; (2) have experience in the science of posttraumatic growth; and (3) use a standardized, evaluated, and comprehensive curriculum. (g) Report.—Not later than one year after the date on which the pilot program under subsection (a) is completed, the Secretary shall submit to Congress a report on the pilot program, including a comparison of the care provided under the pilot program and the clinical care model of the Department. (h) Definitions.— (1) FEMALE VETERANS.—A person who is a veteran and is biologically female. (2) MALE VETERANS.—A person who is a veteran and is biologically male. Sec. 604. Financial assistance to certain entities to provide and coordinate the provision of suicide prevention services for veterans at risk of suicide and veteran families. (a) Distribution of financial assistance.—The Secretary of Veterans Affairs shall provide financial assistance to eligible entities approved under this section through the award of grants to such entities to provide and coordinate the provision services to veterans and veteran families to reduce the risk of suicide. (b) Award of grants.— (1) IN GENERAL.—The Secretary shall award a grant to each eligible entity for which the Secretary has approved an application under subsection (e) to provide or coordinate the provision of suicide prevention services under this section. (2) GRANT AMOUNTS, INTERVALS OF PAYMENT, AND MATCHING FUNDS.—In accordance with the services being provided under a grant under this section and the duration of those services, the Secretary may establish— (A) a maximum amount to be awarded under the grant; (B) intervals of payment for the administration of the grant; and (C) a requirement for the recipient of the grant to provide matching funds in a specified percentage. (c) Distribution of financial assistance and preference.— (1) DISTRIBUTION.— (A) GEOGRAPHIC.—The Secretary shall ensure that, to the extent practicable and in compliance with subparagraph (B), financial assistance under this section is equitably distributed across geographic regions, including rural communities and Tribal land. (B) AREAS WITH NEED.—The Secretary shall ensure that, to the extent practicable, financial assistance under this section is distributed— (i) to provide services in areas of the United States that have experienced high rates or a high burden of veteran suicide; and (ii) to eligible entities that can assist veterans at risk of suicide that are not currently receiving health care furnished by the Department of Veterans Affairs. (2) PREFERENCE.—The Secretary shall give preference in the provision of financial assistance under this section to eligible entities providing or coordinating, or who have demonstrated the ability to provide or coordinate, suicide prevention services or other services that improve the quality of life of veterans and their families and reduce the factors that contribute to veteran suicide. (3) NO DISCRIMINATION.—The Secretary shall not deny or grant preference in the distribution of financial assistance on the basis of race, religion, or national origin. (d) Requirements for receipts of financial assistance.— (1) NOTIFICATION THAT SERVICES ARE FROM DEPARTMENT.—Each entity receiving financial assistance under this section to provide suicide prevention services to veterans at risk of suicide and veteran families shall notify the recipients of such services that such services are being paid for, in whole or in part, by the Department. (2) DEVELOPMENT OF PLAN WITH BENEFICIARIES.— (A) IN GENERAL.—If an entity receiving financial assistance under this section provides temporary cash assistance under subsection (k)(5)(K), the entity shall develop a plan to ensure that any beneficiary of such temporary cash assistance is self-sustaining at the end of the period of eligibility for such temporary cash assistance. (B) CONSULTATION WITH BENEFICIARY.—Any plan developed under subparagraph (A) with respect to a beneficiary shall be developed in consultation with the beneficiary. (3) REPORTS.—The Secretary— (A) shall require each entity receiving financial assistance under this section to submit to the Secretary an annual report that describes the projects carried out with such financial assistance during the year covered by the report; (B) shall specify to each such entity the evaluation criteria and data and information, which shall include a mental health measurement of each veteran served, to be submitted in such report; and (C) may require such entities to submit to the Secretary such additional reports as the Secretary considers appropriate. (e) Application for financial assistance.— (1) IN GENERAL.—An eligible entity seeking financial assistance under this section shall submit to the Secretary an application therefor in such form, in such manner, and containing such commitments and information as the Secretary considers necessary to carry out this section. (2) MATTERS TO BE INCLUDED.—Each application submitted by an eligible entity under paragraph (1) shall contain the following: (A) A description of the suicide prevention services proposed to be provided by the eligible entity and the identified need for those services. (B) A detailed plan describing how the eligible entity proposes to coordinate and deliver suicide prevention services to veterans not currently receiving care furnished by the Department, including— (i) an identification of the community partners with which the eligible entity proposes to work in delivering such services; (ii) a description of the arrangements currently in place between the eligible entity and such partners; and (iii) an identification of how long such arrangements have been in place. (C) A description of the types of veterans at risk of suicide and veteran families proposed to be provided suicide prevention services. (D) An estimate of the number of veterans at risk of suicide and veteran families proposed to be provided suicide prevention services and the basis for such estimate, including the percentage of those veterans who are not currently receiving care furnished by the Department. (E) Evidence of the experience of the eligible entity (and the proposed partners of the entity) in providing suicide prevention services to individuals at risk of suicide, particularly to veterans at risk of suicide and veteran families. (F) A description of the managerial and technological capacity of the eligible entity— (i) to coordinate the provision of suicide prevention services with the provision of other services; (ii) to assess continuously the needs of veterans at risk of suicide and veteran families for suicide prevention services; (iii) to coordinate the provision of suicide prevention services with the services of the Department for which the beneficiaries are eligible; (iv) to tailor suicide prevention services to the needs of veterans at risk of suicide and veteran families; (v) to continuously seek new sources of assistance to ensure the continuity of suicide prevention services for veterans at risk of suicide and veteran families as long as the veteran is determined to be at risk of suicide; and (vi) to measure, over a long-term period, the improved mental resiliency and mental outlook of the veteran served. (G) Such additional application criteria as the Secretary considers appropriate. (f) Technical assistance.— (1) IN GENERAL.—The Secretary shall provide training and technical assistance to eligible entities in receipt of financial assistance under this section regarding— (A) the data required to be collected and shared with the Department; (B) the means of data collection and sharing; (C) familiarization with and appropriate use of any tool to be used to measure the effectiveness of the use of the financial assistance provided; and (D) the requirements for reporting under subsection (d)(3) on services provided via such financial assistance. (2) PROVISION OF TRAINING AND TECHNICAL ASSISTANCE.—The Secretary may provide the training and technical assistance described in paragraph (1) directly or through grants or contracts with appropriate public or nonprofit entities. (g) Administration of grant program.— (1) SELECTION CRITERIA.—The Secretary, in consultation with entities specified in paragraph (3), shall establish criteria for the selection of eligible entities that have submitted applications under subsection (e). (2) DEVELOPMENT OF MEASURES AND METRICS.—The Secretary shall develop, in consultation with entities specified in paragraph (3), the following: (A) A framework for collecting and sharing information about entities in receipt of financial assistance under this section for purposes of improving the discovery of services available for veterans at risk of suicide and veteran families, set forth by service type, locality, and eligibility criteria. (B) The measures to be used by each entity in receipt of financial assistance under this section to determine the effectiveness of the programming being provided by such entity in improving mental resiliency and mental outlook of veterans at risk of suicide and veteran families. (C) Metrics for measuring the effectiveness of the provision of financial assistance under this section. (3) COORDINATION.—In developing a plan for the design and implementation of the provision of financial assistance under this section, including criteria for the award of grants, the Secretary shall consult with the following: (A) Veterans service organizations. (B) National organizations representing potential community partners of eligible entities in providing supportive services to address the needs of veterans at risk of suicide and their families, including national organizations that— (i) advocate for the needs of individuals with or at risk of behavioral health conditions; (ii) represent mayors; (iii) represent first responders; or (iv) represent chiefs of police and sheriffs. (C) Organizations with which the Department has a current memoranda of agreement or understanding related to mental health or suicide prevention. (D) State departments of veterans affairs. (E) National organizations representing members of the reserve components of the Armed Forces. (F) Veteran Centers. (G) Organizations with experience in creating measurement tools for purposes of determining programmatic effectiveness. (H) Such other organizations as the Secretary considers appropriate. (4) REPORT ON GRANT CRITERIA.—Before notifying eligible entities of the availability of funding under this section, the Secretary shall submit to Congress a report containing— (A) criteria for the award of a grant under this section; (B) the tool to be used by the Department to measure the effectiveness of the use of financial assistance provided under this section; and (C) a framework for the sharing of information about entities in receipt of financial assistance under this section. (h) Information on potential beneficiaries.— (1) IN GENERAL.—The Secretary may make available to recipients of financial assistance under this section certain information regarding potential beneficiaries of services for which such financial assistance is provided. (2) INFORMATION INCLUDED.—The information made available under paragraph (1) with respect to potential beneficiaries may include the following: (A) Confirmation of the status of a potential beneficiary as a veteran. (B) Confirmation of whether a potential beneficiary is currently receiving care furnished by the Department or has recently received such care. (i) Duration.—The authority of the Secretary to provide financial assistance under this section shall terminate on the date that is three years after the date on which the first grant is awarded under this section. (j) Reporting.— (1) INTERIM REPORT.— (A) IN GENERAL.—Not later than 18 months after the date on which the first grant is awarded under this section, the Secretary shall submit to the appropriate committees of Congress a report on the provision of financial assistance under this section. (B) ELEMENTS.—The report submitted under subparagraph (A) shall include the following: (i) An assessment of the effectiveness of the provision of financial assistance under this section, including the effectiveness of community partners in conducting outreach to veterans at risk of suicide and veteran families. (ii) A list of grant recipients and their partner organizations that delivered services funded by the grant and the amount of such grant received by each recipient and partner organization. (iii) The number of veterans supported by each grant recipient, including through services provided to family members. (iv) The number of veterans supported by financial assistance under this section, including through services provided to family members. (v) The number of veterans supported by financial assistance under this section, including through services provided to family members, who were not previously receiving care furnished by the Department. (vi) The number of veterans whose mental resiliency and mental outlook received a baseline measurement assessment under this section and the number of such veterans whose mental resiliency and mental outlook will be measured by the Department or a community partner over a period of time. (vii) The types of data the Department was able to collect and share with partners, including a characterization of the benefits of that data. (2) FINAL REPORT.—Not later than three years after the date on which the first grant is awarded under this section, the Secretary shall submit to the appropriate committees of Congress— (A) a follow-up on the interim report submitted under paragraph (1) containing the elements set forth in subparagraph (B) of such paragraph; and (B) a report on— (i) the effectiveness of the provision of financial assistance under this section, including the effectiveness of community partners in conducting outreach to veterans at risk of suicide and veteran families; (ii) an assessment of the increased capacity of the Department to provide services to veterans at risk of suicide and veteran families, set forth by State, as a result of the provision of financial assistance under this section; and (iii) the feasibility and advisability of extending or expanding the provision of financial assistance under this section. (k) Definitions.—In this section: (1) APPROPRIATE COMMITTEES OF CONGRESS.—The term “appropriate committees of Congress” means— (A) the Committee on Veterans’ Affairs and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate; and (B) the Committee on Veterans’ Affairs and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives. (2) ELIGIBLE ENTITY.—The term “eligible entity” means— (A) an incorporated private institution or foundation— (i) no part of the net earnings of which incurs to the benefit of any member, founder, contributor, or individual; (ii) that has a governing board that would be responsible for the operation of the suicide prevention services provided under this section; and (iii) that is approved by the Secretary as to financial responsibility; (B) a corporation wholly owned and controlled by an organization meeting the requirements of clauses (i), (ii), and (iii) of subparagraph (A); (C) a tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)); or (D) a community-based organization that is physically based in the targeted community and that can effectively network with local civic organizations, regional health systems, and other settings where veterans at risk of suicide and the families of such veterans are likely to have contact. (3) PEER SPECIALIST.—The term “peer specialist” means a person eligible to be appointed as a peer specialist under section 7402(b)(13) of title 38, United States Code. (4) RISK OF SUICIDE.—The term “risk of suicide” means exposure to or the existence of any of the following: (A) Health risk factors, including the following: (i) Mental health challenges. (ii) Substance abuse. (iii) Serious or chronic health conditions or pain. (iv) Traumatic brain injury. (B) Environmental risk factors, including the following: (i) Access to lethal means (such as drugs, firearms, etc.). (ii) Prolonged stress. (iii) Stressful life events. (iv) Exposure to the suicide of another person or to graphic or sensationalized accounts of suicide. (v) Unemployment. (vi) Homelessness. (vii) Recent loss. (viii) Legal or financial challenges. (C) Historical risk factors, including the following: (i) Previous suicide attempts. (ii) Family history of suicide. (iii) History of abuse, neglect, or trauma. (5) SUICIDE PREVENTION SERVICES.—The term “suicide prevention services” means services to address the needs of veterans at risk of suicide and veteran families and includes the following: (A) Outreach to identify veterans at risk of suicide, with an emphasis on veterans who are at highest risk or not receiving health care or other services furnished by the Department. (B) A baseline mental health assessment for risk screening and referral to care. (C) Education on suicide risk and prevention to families and communities. (D) Direct treatment. (E) Medication management. (F) Individual and group therapy. (G) Case management services. (H) Peer support services. (I) Assistance in obtaining any benefits from the Department that the veteran at risk of suicide or veteran family may be eligible to receive, including— (i) vocational and rehabilitation counseling; (ii) supportive services for homeless veterans; (iii) employment and training services; (iv) educational assistance; and (v) health care services. (J) Assistance in obtaining and coordinating the provision of other benefits provided by the Federal Government, a State or local government, or an eligible entity. (K) Temporary cash assistance (not to exceed 6 months) to assist with emergent needs relating to— (i) health care services; (ii) daily living services; (iii) personal financial planning; (iv) transportation services; (v) temporary income support services; (vi) fiduciary and representative payee services; (vii) legal services to assist the veteran family with issues that may contribute to the risk of suicide of the veteran; and (viii) child care (not to exceed $5,000 per veteran family per fiscal year). (L) Such other services necessary for improving the resiliency of veterans at risk of suicide and veteran families as the Secretary considers appropriate, which may include— (i) adaptive sports or in-place recreational therapy; (ii) substance use reduction programming; (iii) individual, group, or family counseling; and (iv) relationship coaching. (6) VETERAN CENTER.—The term “Veteran Center” means a center for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code. (7) VETERAN.—The term “veteran” has the meaning given that term in section 101 of title 38, United States Code. (8) VETERAN FAMILY.—The term “veteran family” means, with respect to a veteran at risk of suicide, any of the following: (A) A parent. (B) A spouse. (C) A child. (D) A sibling. (E) A step-family member. (F) An extended family member. (G) Any other individual who lives with the veteran. (l) CONSTITUTIONAL RIGHTS.—The Secretary shall respect the preferences of veterans who may choose to legally possess firearms or legally exercise any other constitutional right, including the rights of free speech and free exercise of religion. (m) FUNDING.—There is appropriated an amount of $20,000,000 to provide financial assistance under this section, excluding such funds otherwise appropriated. Sec. 605. Veterinary insurance for veterans. Chapter 17 of Title 38 of the United States Code is amended by adding, between subchapters VI and VIII, a new subchapter VII as follows— “Subchapter VI—Veterinary care “§1771. Providence of veterinary insurance. “Pursuant to— “(a) a diagnosis with any physical or mental condition which necessitates a service animal, “(b) entrustment of an animal from prior service in the military, or “(c) a diagnosis with a condition for which an animal companion may be helpful, “a veteran may receive veterinary insurance unless such veteran has a history of animal abuse or is barred from owning an animal, provided the cost of such insurance does not exceed $2000 per year and includes all services which may be necessary to ensure the mental health of a veteran insofar as it relates to an animal. The Secretary, in consultation with the Attorney General or the Secretary of Defense, may impose additional restrictions related to the animals in question to protect human and animal health.” Sec. 606. Cooperation between Department of Veterans Affairs and the Department of the Interior. A new subsection (j) is added at the end of section X as follows— “(j) The Indian Health Service and Veteran Health Service shall cooperate to enhance access to care for both of their patient groups, including by making their medical facilities mutually accessible, while separating patient costs in accordance with a formula to be devised by the Department of the Treasury, by 2029. Furthermore, the two Departments as a whole shall investigate further means to cooperate for mutual improvement and submit a report to Congress on the matter by 2030, and are authorized to undertake any cooperation they see as beneficial otherwise.” Sec. 607. Wheelchairs for veterans with service-connected disabilities. (a) Definition.—Section 1701 of title 38, United States Code, is amended by adding at the end the following new paragraph: “(11) The term ‘wheelchair’ includes enhanced power wheelchairs, multi-environmental wheelchairs, track wheelchairs, stair-climbing wheelchairs, and other power-driven mobility devices.”. (b) Enhanced wheelchairs.—Section 1712(c) of title 38, United States Code, is amended— (1) by striking “Dental” and inserting “(1) Dental”; (2) by striking “section” and inserting “title”; and (3) by adding at the end the following new paragraph: “(2) The Secretary shall ensure that each wheelchair, furnished under this title to a veteran because of a service-connected disability, restores the maximum achievable mobility and function in the activities of daily life, employment, and recreation. The Secretary may furnish a wheelchair to a veteran because the wheelchair restores an ability that relates exclusively to participation in a recreational activity.”. Sec. 608. Discharge treatment. (a) Any veteran who commits a crime against another veteran or otherwise commits a Federal crime as a means to infringe upon the rights guaranteed by the United States Constitution or by an Act of Congress intended to further those rights guaranteed by the United States Constitution shall be treated as dishonorably discharged, even if an initial discharge from the military was not dishonorable, for veteran affairs purposes. (b) Any veteran who was given a discharge that was not an honorable discharge as a victim of a crime committed under subsection (a) or as a victim of collusion between perpetrators and the Department of Veterans Affairs, Department of Defense, or any other agency of the United States Government shall be eligible for a change in discharge type to honorable, provided that no reason exists for such veteran to have a discharge that was not honorable. (c) The Secretary of Veterans Affairs may establish administrative procedures for the implementation of this section, including requirements to prove action by Federal, State, tribal, or other judicial authorities, in accordance with the necessary need to do so in accordance with the Fifth and Fourteenth Amendments to the Constitution of the United States. Sec. 609. Third-party review of appointees in Veterans Health Administration. (a) Third-party review.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract or other agreement with an organization that is not part of the Federal Government to conduct a clinical review for quality management of hospital care or medical services furnished by covered providers. (2) QUALIFICATIONS.—The Secretary shall ensure that each review of a covered provider under this subsection is performed by an individual who is licensed in the same specialty as the covered provider. (b) Notice to patients treated by covered providers.—With respect to hospital care or medical services furnished by a covered provider under the laws administered by the Secretary, if a clinical review for quality management under subsection (a) determines that the standard of care was not met during an episode of care, the Secretary shall notify the individual who received such care or services from the covered provider as described in applicable policy of the Veterans Heath Administration. (c) Covered provider.—For purposes of this section, a covered provider is an individual who— (1) was appointed to the Veterans Health Administration under section 7401 of title 38, United States Code; and (2) had a license terminated for cause by a State licensing board for hospital care or medical services provided in a facility that is not a facility of the Veterans Health Administration. (d) Hospital care or medical services defined.—In this section, the terms “hospital care” and “medical services” have the meanings given those terms in section 1701 of title 38, United States Code. Sec. 610. Unionization of the Veterans Health Administration. No employee of the Veterans Health Administration shall be a member of any labor union. Sec. 611. Deeming certain State Veterans homes as meeting Medicare skilled nursing facilities conditions and requirements. Section 1865(a) of the Social Security Act (42 U.S.C. 1395bb(a)) is amended— (1) in paragraph (1), by inserting “, subject to paragraph (5),” after “If the Secretary”; and (2) by adding at the end the following new subsection: “(5) In the case of a provider entity described in paragraph (3)(B) that the Secretary of Veterans Affairs inspects as a State home under section 1742 of title 38, United States Code, and determines meets such standards as the Secretary of Veterans Affairs shall prescribe pursuant to such section, the Secretary of Health and Human Services shall— “(A) treat such provider entity as meeting all conditions and requirements under sections 1819 and 1861(j) for the period for which such determination is in effect; and “(B) for purposes of subsection (g)(5)(E) of section 1819 and other related purposes for posting information on the Nursing Home Compare website under subsection (i) of such section, in lieu of the information described in the first sentence of such subsection (g)(5)(E), use the information described in the inspections of the Secretary of Veterans Affairs conducted under such section 1742 with respect to such provider entity for such period.”. Sec. 612. Hyperbaric oxygen therapy. (a) In General.—Chapter 17 of title 38, United States Code, is amended by inserting after section 1710E the following new section: “§ 1710F. Traumatic brain injury and post-traumatic stress disorder: hyperbaric oxygen therapy “(a) Authority.—The Secretary shall furnish hyperbaric oxygen therapy to a veteran who has a condition specified in subsection (b) through a health care provider described in section 1703(c)(5) of this title. “(b) Covered Conditions.—The conditions specified in this subsection are the following: “(1) Traumatic brain injury. “(2) Post-traumatic stress disorder (provided that the Secretary has found that hyperbaric oxygen therapy is an effective treatment).”. (b) Clerical Amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1710E the following new item: “1710F. Traumatic brain injury and post-traumatic stress disorder: hyperbaric oxygen therapy.”. Sec. 613. Aesthetic treatment. (a) In General.—Chapter 17 of title 38, United States Code, is amended by inserting after section 1712C the following new section: “§ 1713. Aesthetic treatment. “(a) Authority.—The Secretary shall furnish aesthetic treatment to a veteran who may be treated via aesthetic treatment as defined in section 5892(h) of the Internal Revenue Code through a health care provider described in section 1703(c)(5) of this title. “(b) Restrictions on certain procedures.—Certain aesthetic treatments to be furnished through subsection (a) shall be limited to the following: “(1) Breast improvement treatments and surgeries.—Breast improvement treatments and surgeries to be provided under this section shall be limited to those which result in an overbust measurement (around the fullest part of the bust) which exceeds by a minimum of five inches the underbust measurement of the veteran receiving aesthetic treatment. Such treatments and surgeries shall further be restricted to biological women only. Biological women whose overbust measurement does not exceed her underbust measurement by five inches shall be considered as having micromastia, by congenital cause or otherwise, for purposes of this section. “(2) Buttock improvement treatments and surgeries.—Buttock improvement treatments and surgeries to be provided under this section shall be limited to those which either involve the transfer of a minimum of 500ccs of adipose tissue or a hip measurement of at least forty-six inches. Such treatments and surgeries shall further be restricted to biological women only. Biological women whose hip measurement does not exceed forty-six inches shall be considered as having micropygia, by congenital cause or otherwise, for purposes of this section. “(3) Existing restrictions.—Existing restrictions on aesthetic treatment established elsewhere shall remain in effect.”. (b) Clerical Amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1710E the following new item: “1713. Aesthetic treatment.”. Sec. 614. Establishment of Centralized VA Research Data System; standards with respect to major research programs of the Department. Subchapter V of chapter 73 of title 38, United States Code, is amended by adding at the end the following new sections (and conforming the table of sections at the beginning of such chapter accordingly): “§ 7383. VA Centralized Research Data System “(a) Establishment.—The Secretary shall establish and maintain a centralized research data system for the Department (to be known as the ‘VA Centralized Research Data System’), to collect and manage information on all research activities of the Department. Such system shall include data with respect to all programs of medical research conducted under section 7303 of this title, including biomedical research, clinical research, mental health research, health services and policy research, and any other category of research supported by the Department. “(b) Elements of system.—The VA Centralized Research Data System shall include, for each research project conducted by or supported by the Department the following information: “(1) A summary of the objectives, scope, and study design of the project. “(2) An identification of Department funding, and any non-Department funding, supporting the project, including amounts and funding mechanisms. “(3) The name and affiliation of the principal investigator and key staff or collaborators involved in the research. “(4) The status and dates of all required approvals, including institutional review board approvals or exemptions, other regulatory approvals (including safety or ethical reviews), and associated assurances of compliance. “(5) Periodic updates on the progress of the project, including— “(A) the initiation date; “(B) the completion of key milestones or phases; and “(C) the anticipated and actual completion dates of the research. “(6) The results and products of the research, including any findings, publications in peer-reviewed journals, presentations, patents or inventions, and noted impacts on clinical care or policy arising from the project. “(c) Use and integration.—The Secretary shall ensure that the VA Centralized Research Data System is— “(1) used to facilitate oversight and coordination of Department research; “(2) designed to— “(A) allow authorized personnel of the Department, including the Office of Research and Development and officials at Veterans Health Administration facilities, to track research progress and outcomes, avoid unnecessary duplication of research efforts, and identify opportunities for translating research findings into clinical practice; and “(B) protect personally identifiable information, in accordance with applicable laws and regulations; and “(3) compatible with the electronic health record system of the Department. “(d) Regulations.—Not later than 180 days after the date of the enactment of this section, the Secretary shall prescribe such regulations or guidance as the Secretary determines necessary to implement this section, including— “(1) policies for the submission of information by investigators into the Centralized Research Data System; and “(2) protocols for maintaining the accuracy and security of data in the system. “§ 7384. Research proposal review and approval processes “(a) Tiered review based on risk and impact.—The Secretary shall develop and implement a tiered system for the ethical and scientific review and approval of research proposals conducted by the Department or using Department facilities, data, or resources. Under such system, the level of review and applicable requirements shall be commensurate with the projected risk to human subjects (or to animal subjects, as applicable) and the expected effect or significance of the research. “(b) Level of review.— “(1) Under the tiered system required by subsection (a), the Secretary shall ensure that research proposals the Secretary determines pose— “(A) a minimal risk (as defined by Secretary in regulations) to subjects or are of a small scope or short duration are eligible for an expedited or abbreviated review process that is consistent with the protection of human subjects and sound research practice; and “(B) a greater than minimal risk to subjects, involve invasive procedures, or have broad potential impact (including as large clinical trials or multi-site studies) undergo a full review process. “(2) The Secretary may establish intermediate levels of review for— “(A) categories of research the Secretary determines fall between minimal risk and high risk; or “(B) projects deemed of high scientific importance, to ensure appropriate scrutiny without unnecessary delay. “(c) Standardized national timelines.—For each tier of research review under subsection (b), the Secretary shall establish standardized, Department-wide target timelines for completion of the review and approval or disapproval of research proposals. Such timelines shall be designed to expedite the initiation of valuable research while maintaining standards for safety and ethics. The Secretary shall ensure that these review processes and timelines are applied uniformly across all facilities of the Veterans Health Administration, notwithstanding any local policies. “(d) Office of research and development override authority.— (1) The Under Secretary for Health, acting through the Chief Research and Development Officer of the Office of Research and Development established under section 7381 of this title, shall monitor the research proposal review process nationwide to identify any undue delays or barriers to timely approval. If a research proposal subject to Department review is not approved, conditionally approved, or disapproved within the applicable timeline established under subsection (c), the Under Secretary, through the Office of Research and Development, may intervene to ensure a timely decision with respect to the research proposal. “(2) (A) In exercising the authority under paragraph (1), the Under Secretary for Health may, as appropriate— “(i) assume responsibility for or reassign the review of the proposal to an alternative duly constituted institutional review board or other research review body that meets applicable standards; or “(ii) issue an approval or disapproval of the proposal after such additional expedited review as the Under Secretary determines necessary. “(B) The Under Secretary shall notify the chief research officer of the affected facility and the Office of Research Oversight under section 7307 of this title of any intervention under subparagraph (A) and the rationale for such intervention. “(C) Any action by the Under Secretary under this subsection shall ensure that all requisite ethical and safety reviews are completed. “(3) Nothing in this subsection shall be construed to waive or override any law or regulation protecting human subjects, animal welfare, or research integrity. “(e) Guidance and oversight.—The Secretary shall— “(1) issue policies or guidance to implement the tiered review system under this section, including— “(A) definitions of risk and impact categories; “(B) specific timeframes for review at each tier; and “(C) procedures for centralized monitoring of compliance with these timelines; “(2) oversee adherence to these processes through the Office of Research and Development; and “(3) provide training to members of institutional review boards and other research review committees on the new requirements to ensure consistent application. “(f) Annual review of timeliness.—The Secretary shall track the performance of the Department’s research approval processes and include in the annual report under section 7388 of this title an analysis of the timeliness of research proposal reviews, identifying any systemic bottlenecks and steps taken to improve the efficiency of research approvals. “§ 7385. Implementation of high-impact research findings “(a) Funding allocation requirement.—Of the amounts appropriated or otherwise made available to the Department each fiscal year for the medical and prosthetic research program authorized under section 7303 of this title, the Secretary shall ensure that funds are allocated for activities to implement the findings of such research program to improve the delivery of care and services to veterans. “(b) Use of funds; ‘high-impact research’.— “(1) In carrying out subsection (a), the Secretary, acting through the Chief Research and Development Officer of the Office of Research and Development under section 7381 of this title, shall identify completed or ongoing research projects that have produced, or are likely to produce, evidence or innovations with high potential to improve veteran health care or quality of life (in this section referred to as ‘high-impact research’). “(2) The Secretary shall utilize funds allocated pursuant to subsection (a) to accelerate the transfer of such high-impact research findings into clinical practice, systems of care, or programmatic improvements. “(3) Activities funded with such amounts may include— “(A) implementation and dissemination studies; “(B) the development or updating of clinical practice guidelines; “(C) training of health care providers in new evidence-based practices; “(D) modification of health information technology or equipment to accommodate new treatments or diagnostic; “(E) patient outreach and education regarding new standards of care; and “(F) other actions necessary to integrate research discoveries into routine veterans care. “(c) Coordination and avoidance of duplication.— “(1) The Secretary shall ensure that the allocation and use of funds for implementation activities under this section are coordinated with other Department initiatives in implementation science and quality improvement, including the Quality Enhancement Research Initiative and other translational research programs within the Department to leverage existing expertise and avoid duplicative efforts. “(2) The Office of Research and Development shall consult regularly with Veterans Health Administration program offices responsible for clinical operations to identify priority areas where research findings are ready to be adopted on a wider scale within the Department. “(d) Accountability.—The Secretary shall include, in the annual report required by section 7388 of this title— “(1) the amount of research funding devoted to implementation activities and the outcomes of such investments; and “(2) an analysis of compliance with the funding allocation in subsection (a) and a description of major implementation projects undertaken, the status of such projects, and the effect of such projects on health care for veterans. “§ 7386. Veteran impact forecast and translation plan for major research projects required “(a) Requirement for major research projects.—The Secretary shall ensure that any major research project of the Department includes, as part of the research protocol and application for funding submitted to the Secretary— “(1) a veteran impact forecast described in subsection (b); and “(2) a translation plan described in subsection (c). “(b) Veteran impact forecast.—A veteran impact forecast described in this subsection is a written assessment, prepared by the investigators or sponsors of a major research project at the time of proposal, that describes the anticipated benefits and outcomes of the research for veterans and the health care system of the Department. The veteran impact forecast shall, to the maximum extent practicable, quantify or describe the following: “(1) How the findings or results of successful research is successful are expected to improve health outcomes among veterans, including— “(A) reductions in morbidity or mortality; “(B) improvements to functional status; and “(C) enhancements to the quality of life for veterans from the condition or conditions subject to the research. “(2) The ways in which the research results could— “(A) be integrated into the clinical practice of the Veterans Health Administration; or “(B) lead to changes in health care policy or programs for veterans (including adoption of new treatments, diagnostics, preventive measures, or care delivery models) and an estimate of the magnitude of the veteran population likely to be affected by such changes. “(3) An explanation of the urgency of the research question for veterans and an estimate of the time frame within which positive findings could be implemented into clinical practice, given the nature of the study design and any necessary regulatory approvals. “(c) Translation plan.—A translation plan described in this subsection is a proactive plan for how positive findings from the research will be disseminated and implemented in the Department to benefit veterans that includes the following: “(1) An identification of steps and resources needed to move any successful outcomes of the research into general Department use. “(2) A description of how and to whom the research results will be communicated upon completion, including identification of the relevant entities that should be informed of such results, including— “(A) program offices; “(B) clinical practice leaders; “(C) policymakers within the Department in a position to act on such results; “(D) external partners (including academic affiliates); and “(E) the heads of relevant Federal agencies. “(3) Specific actions to be taken if the study yields positive results, including— “(A) the development or revision of clinical protocols and guidelines; “(B) pursuing regulatory approvals for new therapies, if applicable; “(C) training clinicians in new practices; “(D) updating health information technology systems or decision support tools; or “(E) initiating pilot programs to implement the findings in one or more medical centers of the Department. “(4) An identification of potential obstacles to implementation, including resource needs, training gaps, or interoperability issues. “(5) A description of how the investigators or the Department might address such obstacles to facilitate timely translation of the research into practice. “(6) As appropriate, to ensure that the translation of findings is feasible and sustainable within the Department, plans for engaging relevant stakeholders in the implementation process, including— “(A) the Under Secretary for Health; “(B) veterans who would be affected by the change; “(C) caregivers; or “(D) external regulatory bodies. “(d) Incorporation into approval and funding.— “(1) The Secretary shall ensure that no major research project is approved or funded by the Department unless the proposal includes a veteran impact forecast and translation plan meeting the requirements of this section. “(2) The Office of Research and Development shall review the adequacy of the veteran impact forecast and translation plan during the scientific review or funding decision process, and may provide feedback or require modifications as necessary to strengthen the likelihood that the research, if successful, can be readily applied to improve care for veterans. “(e) Guidance and waiver.— “(1) The Secretary, through the Office of Research and Development, shall issue guidance defining the classes of research projects subject to the requirements of this section and detailing the format and content expectations for veteran impact forecasts and translation plans. “(2) The Secretary may exempt a particular project or class of projects from one or both of these requirements only if the Secretary determines that such project is of a nature for which these planning documents would not be practicable or meaningful. Any such exemption shall be documented in writing with a justification and submitted to the Committees on Veterans’ Affairs of the House of Representatives and the Senate as part of the annual report under section 7388 of this title. “(f) Updates and post-Study review.— “(1) The Secretary shall establish a mechanism to revisit and update the translation plan as necessary during the course of the research project and immediately following its completion, in light of the actual findings. Investigators conducting a covered project shall, at the conclusion of the project, report on how the findings compare to the veteran impact forecast and propose any adjustments to the actions in the translation plan. “(2) The Office of Research and Development, in conjunction with relevant clinical operations officials, shall evaluate these post-study reports to determine what implementation steps will be taken by the Department and shall track the outcomes of major research projects in terms of uptake into clinical practice or policy. “(g) Major research project defined.—In this section, a ‘major research project’ means— “(1) a research study or program, including a clinical trial or multisite study, that meets criteria indicating substantial size, scope, or significance, as shall be defined by the Secretary; and “(2) includes— “(A) research projects with projected Department funding above a threshold amount set by the Secretary; and “(B) any other research initiatives designated by the Office of Research and Development as having high potential impact on veterans health or health care systems. “§ 7387. Department of Veterans Affairs regional research hubs “(a) Establishment.— “(1) The Secretary shall establish a system of regional research hubs of the Department (in this section referred to as ‘research hubs’) within the Veterans Health Administration to support and coordinate the research activities of the Department across multiple medical centers and clinics. The number and locations of such research hubs shall be determined by the Secretary to ensure that all medical facilities of the Department with active research programs may access the services of a research hub. In establishing research hubs pursuant to this section, the Secretary may consider Veteran Integrated Services Networks, or other appropriate regional groupings of facilities. “(2) Each research hub shall be organizationally established under the Office of Research and Development, and shall operate under the direction of a Regional Research Hub Director appointed by the Under Secretary for Health, or a designee of the Under Secretary. The Director of each research hub shall be an individual with experience in managing biomedical or health services research and knowledge of regulatory compliance, who shall report to the Office of Research and Development with respect to activities of the hub. “(b) Functions.—Each research hub shall, in coordination with the Office of Research and Development, carry out the following functions in support of Department research within the applicable area of geographic responsibility: “(1) Facilitating the efficient and timely review of research protocols by coordinating institutional review board approvals for multi-site studies, including— “(A) establishing or utilizing regional or central institutional review boards to serve multiple facilities; “(B) harmonizing institutional review board submission requirements; and “(C) ensuring that a single institutional review board of record can be used for multi-site projects when feasible and in accordance with applicable regulations. “(2) Providing technical assistance and support to investigators and research staff at facilities in the region. Such support shall include— “(A) guidance on research proposal development; “(B) study design and methodology consultation; “(C) assistance with regulatory compliance, including human subjects protections, animal care, and safety regulations; and “(D) training or education programs for new investigators and research coordinators to build research capacity. “(3) Coordinating research efforts among the Department facilities in the region and with affiliated academic institutions or other partners. Such research efforts shall identify opportunities for multi-site research projects, promote sharing of resources (including research equipment, specialized laboratories, or data resources), and encourage collaboration on studies that address veteran health priorities. Pursuant to such research efforts, the research hub may organize regular regional research meetings or consortia to foster information exchange and partnership among investigators and clinicians. “(4) Assisting investigators in developing strategies for recruitment and enrollment of veteran participants in research studies, especially for multi-site clinical trials or studies requiring large sample sizes. The hub shall facilitate outreach to veterans in the region who might be eligible for ongoing studies, in accordance with privacy rules, and coordinate with local clinical staff to improve awareness and engagement in research opportunities. “(5) Offering centralized administrative support for research projects, such as budget and grant management assistance, data management and biostatistical support, and guidance on using Department data systems, including the VA Centralized Research Data System under section 7383 of this title and other information tools, for research purposes. “(6) Performing such other research-supporting functions consistent with the goal of enhancing the productivity, efficiency, and effects of the research enterprise of the Department in service of veterans, as the Secretary or Under Secretary for Health determine appropriate. “(c) Evaluation and oversight.— “(1) The Chief Research and Development Officer of the Office of Research and Development of the Department shall oversee the performance of the research hubs and ensure such research hubs are meeting the needs of the respective regions in which such research hubs are located. “(2) The Under Secretary for Health shall establish metrics and goals for the hubs, including metrics related to institutional review board review times, number of multi-site studies supported, training activities conducted, and improvements in veteran research enrollment. “(3) The Under Secretary shall— “(A) require each research hub to submit periodic reports to the Under Secretary with respect to the activities carried out by the research hub and the outcomes of such activities; and “(B) include such periodic reports into the annual report under section 7388 of this title. “(d) Consultation and partnerships.—In establishing and operating the research hubs, the Secretary may collaborate with Federal partners, including the Department of Defense and the National Institutes of Health, and academic affiliates to co-locate or jointly support resources that benefit both Department and non-Department research endeavors. The Secretary may also seek input from investigators, veterans, and other stakeholders in each region in which a research hub is located with respect to the research priorities and support needs the research hubs should address. “§ 7388. Research performance metrics; annual report “(a) Establishment of metrics; benchmarking program.—The Secretary shall develop and implement a standardized program of metrics to assess the performance, productivity, and impact of research activities at each facility of the Veterans Health Administration (including Department medical centers and affiliated clinics) that conducts research. Such metrics shall be used to benchmark Veterans Health Administration facilities against each other and against Departmental goals to identify best practices and areas for improvement. At a minimum, such metrics shall include measures of the following: “(1) The volume of research projects undertaken and completed, and the efficiency of research processes at the facility, including— “(A) the number of research proposals submitted, approved, and initiated each year; “(B) the average or median time from proposal submission to institutional review board approval and project start; and “(C) the number of studies completed or publications produced per year, normalized to the research staff or funding level. “(2) The extent of veteran engagement in research at the facility, including— “(A) the total number of veteran participants enrolled in clinical trials or other research studies; “(B) and the percentage of the facility’s patient population or eligible population involved in research. “(3) The degree to which research findings are implemented into clinical care or inform improvements to health care delivery at the facility. This may include— “(A) the number of evidence-based interventions or new clinical practices adopted by the facility that originated from research (whether Department-funded or external research); “(B) the period of time between research discovery and implementation at the facility; and “(C) qualitative examples of significant changes in patient care driven by research findings. “(4) If determined relevant by the Secretary— “(A) the level of collaboration and external support, including the number of partnerships with academic or industry researchers; “(B) the amount of non-Department research funding (including grants from the National Institutes of Health or the Department of Defense) managed through the facility; and “(C) the extent of participation in multi-site or nationwide studies. “(5) Any other quantifiable measure that the Secretary considers appropriate to evaluate research program effectiveness, including— “(A) compliance with research safety and ethics requirements; “(B) training and career development of researchers; and “(C) innovation in research operations. “(b) Annual report.— “(1) Not later than 180 days after the end of each fiscal year, and on an annual basis thereafter, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the performance of the research program of the Department, with specific emphasis on the facility-level metrics described in subsection (a). The report shall include, for the fiscal year during which the report is submitted, the following: “(A) A table or summary displaying each medical center of the Department, and any other major research site, and values of such research site for each of the performance metrics in subsection (a) for the fiscal year and, for context, for at least one prior year. “(B) An analysis by the Secretary identifying which facilities represent the highest performers in various categories (including shortest research approval times, highest veteran participation rates, most implementations of findings, and which facilities are lagging behind benchmarks or averages). The analysis should discuss factors contributing to strong performance, as well as challenges faced by lower-performing sites. “(C) A description of efforts of the Department to improve research performance and address any identified deficiencies. This should include any initiatives to share best practices from high-performing facilities, targeted support or corrective actions for under-performing facilities, and progress updates on any ongoing Department-wide research improvement efforts. “(D) Highlights of significant research accomplishments from the year, especially instances where research conducted by the Department led to improvements in veteran care, new treatments or technologies, or notable scientific publications, as well as recognition of any researchers or teams for exceptional contributions. “(2) The first annual report under this subsection shall be submitted not later than 18 months after the date of the enactment of this section. “(c) Public availability.— “(1) The Secretary shall make each annual report under subsection (b) publicly available on an internet website of the Department, in a format that is readily accessible to veterans, researchers, and other stakeholders. “(2) The publicly released version of the report may aggregate or anonymize data as the Secretary determines necessary to protect personal privacy and to safeguard confidential research project details. “(3) The Secretary is encouraged to include on the website user-friendly visualizations or dashboards that illustrate the performance of the applicable research program on key metrics over time and by facility. “(d) Sunset or modification of metrics.— “(1) The Secretary shall continuously evaluate the relevance and effectiveness of the performance metrics established under subsection (a). The Secretary may modify the metrics or benchmarking methods under subsection (a), as the Secretary determines appropriate, to better measure research impact and efficiency. “(2) Any such modifications shall be described in the annual report under subsection (b). “§ 7389. Integration of research data and interagency collaboration “(a) Improvement of data sharing for research.— “(1) The Secretary may include, in the plan required under section 108(a)(1) of the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act (Public Law 118–210; 38 U.S.C. note prec. 5701), such actions as may be necessary to facilitate the secure integration and sharing of data for research purposes between the Department and key research partners, including other Federal agencies and academic institutions. “(2) For purposes of this subsection, the Secretary shall ensure that any data in the custody, possession, or control of the Department, (without regard to the original ownership of such data), may be shared to the extent permitted under applicable privacy, security, and ethical standards. “(3) The Secretary may include a description of any actions taken pursuant to this subsection in the reports required under subsection (c)(2) of such section. “(4) In carrying out this subsection, the Secretary shall seek to improve interoperability of data systems and ease of collaboration with the following: “(A) The Department of Defense, to— “(i) facilitate research on— “(I) members of the Armed Forces assigned to active duty; and “(II) veterans across the continuum of military service and post-service life; and “(ii) support joint research initiatives of the Department and the Department of Defense. “(B) The Department of Health and Human Services, including the National Institutes of Health and other components engaged in biomedical and health services research, to facilitate— “(i) mutually beneficial sharing of health data and research results; and “(ii) participation of the Department in national research efforts, such as clinical trials networks and observational study consortia. “(C) Affiliated universities and other academic research institutions that partner with the Department or receive research funding from the Department, to ensure that researchers can collaborate effectively while maintaining appropriate data security and patient privacy. “(D) Other public or private research entities as determined appropriate by the Secretary, including nonprofit research organizations or industry partners, especially in contexts where cooperation can accelerate the development of treatments or technologies for the benefit of veterans. “(b) Privacy and security.— “(1) All activities under this section shall be carried out in compliance with applicable Federal privacy laws, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA, Public Law 104–191; 110 Stat. 1936) and the Privacy Act of 1974 (5 U.S.C. 552a), and with regulations governing human subjects research confidentiality. “(2) In carrying out this section, the Secretary shall ensure that robust safeguards are in place to protect personally identifiable information and personal health information of veterans. Such safeguards shall include user authentication, role-based access controls, encryption of data in transit and at rest, continuous monitoring for unauthorized access or anomalies, and regular cybersecurity audits. “(3) When sharing data with the Department of Defense or other agencies, the Secretary shall, to the maximum extent practicable, use secure Federal health data exchange frameworks and reciprocal data access agreements that uphold the same or higher standards of privacy and security as those used within the Department. “(c) Consultation.—In carrying out the provisions of this section, the Secretary shall consult with relevant Federal officials and outside experts, including the Chief Information Officer of the Department of Defense or designee, the Director of the National Institutes of Health or designee, and representatives of academic institutions with expertise in health information tools and data sharing.”. TITLE VII—Education Sec. 701. Expansion of Medical Workforce and Training Opportunities for America. (a) Section 1886(d)(12) of the Social Security Act (42 U.S.C. 1395ww(d)(12)) is amended— (1) by amending (b)(2)(B)(i) as follows: “For purposes of subsection (d) and subsection (j) for discharges occurring during a fiscal year, the "applicable percentage increase" shall be 2 percent for each fiscal year beginning fiscal year 2026.”, (2) by amending subsection (h) as follows— (A) by amending paragraph (6) as follows— “(6) Required minimum residencies.” “Clinics, hospitals, and other medical practices with 50 or more employees receiving Medicare payments shall be required to establish an approved residency program which grants residency to one or more United States citizens to continue receiving funding beginning fiscal year 2026. Beginning in fiscal year 2030, the employee threshold may be adjusted to any number between 10 and 200 by the Secretary of Health and Human Services, depending on the type of medical establishment.”, (B) by amending paragraph (8) as follows— “(8) Restriction on foreign residents.” “No funds shall be allocated for persons who are not United States citizens to receive any residency under any approved residency program. Approved residency programs shall be required to grant residencies to at least 90% US citizens, but shall be permitted to grant residencies to non-citizens provided that such non-citizens are legal US residents, authorized to work in the United States, comply with all requirements under applicable Federal, State, Territorial, Tribal, and other United States law, and do not receive any funding from any Federal, State, Tribal, or other funding via welfare or otherwise during the course of their residency. Caps imposing maximums on residencies notwithstanding any other provisions of law shall only apply to residencies granted to persons who are not United States citizens. Minimum requirements for residencies, notwithstanding any other provision of law, shall only impose such minimums respecting the granting of residency to United States citizens. Starting in fiscal year 2026, persons who are not citizens of the United States will be required to have a degree from a US allopathic or osteopathic medical school in order to participate in any US residency program. Residents who are not United States citizens shall also be required to prove that they meet all applicable requirements to practice medicine or obtain a residency in at least one country in which they hold citizenship.”, (C) by amending subparagraph (8)(J) as follows— “(J) Preemption of other law.” “Notstanding any other provision of law, no residency program shall require United States citizens receiving residency to have a level of education exceeding a baccaloreate degree, except in order to pass a pre-residency test or other examination which shall require less than one week to complete; however, approved residency programs may restrict the granting of residency to persons who have completed an education in a particular major or concentration of study, provided that such restrictions are authorized by the Secretary in order to guarantee that residents are capable of providing quality care to patients in a particular medical field.”, (3) by amending subsection (r) as follows— (A) by amending paragraph (1) by striking “instead of” and inserting “in addition to”, (B) by amending paragraph (2) as follows— “(2) Factor two.” “For fiscal year 2026 and each subsequent fiscal year, a factor equal to 5 (five) multiplied by the percent of persons among the medical staff who are United States citizens, plus an additional 5 (five) multiplied by the percentage of persons among the medical staff who are residents.”, (4) by amending subsection (h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A)) is amended by adding at the end the following new sentence: “Effective January 1, 2027, such term does not include any such residency or other postgraduate medical training program that provides training in the performance of, or assisting in the performance of, induced abortions, or in counseling or referrals for such abortions.”. (b) Teachers in Early Head Start programs.—Section 645A(h) of the Head Start Act (42 U.S.C. 9840a(h)) is amended— (1) in paragraph (1)— (A) by striking “, not later than September 30, 2010, all teachers” and inserting “at least one teacher per classroom who is”; (B) by striking “Early Head Start programs located in Early Head Start centers, have a minimum” and inserting “an Early Head Start program located in an Early Head Start center, has a minimum”; (C) by striking “have been trained (or have” and inserting “has been trained (or has”; and (D) by striking “and” at the end; (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following: “(2) ensure that— “(A) each additional teacher providing direct services to children and families described in paragraph (1) is working towards earning a credential that is, at a minimum, a child development associate credential and towards completing training (or equivalent coursework in early childhood development); and “(B) during the period in which such a teacher is working towards earning that credential and completing that training or coursework, the Early Head Start agency employing the teacher shall provide a mentor to oversee the progress and guide the work of the teacher towards earning that credential and completing that training or coursework; and”; and (4) in paragraph (3), as so redesignated— (A) by striking “not later than September 30, 2012, all such teachers” and inserting “at least one teacher per classroom providing direct services to children and families described in paragraph (1) has”; (B) by striking “(or have” and inserting “(or has”; and (C) by striking the period at the end and inserting “, and that each additional teacher providing direct services to such children and families is working towards completing that training or coursework.”. Sec. 702. Sports rules. Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is amended by adding at the end the following: “(d) “Sex” defined The word “sex” includes only male and female, and does not include sexual orientation, use of birth control, or gender identity. It shall include, for purposes of enforcement, parentage, marital status, pregnancy, and primary and secondary sexual characteristics and sizes of such characteristics.” “(e) (1) It shall be a violation of subsection (a) for a recipient of Federal financial assistance who operates, sponsors, or facilitates athletic programs or activities to permit a person whose sex is not matching the designated sex for an athletic program or activity to participate in an athletic program or activity that is designed to be for only one sex. “(2) For the purposes of this subsection, sex shall be recognized based solely on a person’s reproductive biology and genetics at birth. “(3) For the purposes of this subsection, the term ‘athletic programs and activities’ includes, but is not limited to, all programs or activities that are provided conditional upon participation with any athletic team. “(4) Nothing in this subsection shall be construed to prohibit a recipient from permitting person of a non-team sex to train or practice with an athletic program or activity that is designated for only one sex so long as no non-team sex individual receives a roster spot on a team or sport, opportunity to participate in a practice or competition, scholarship, admission to an educational institution, or any other benefit that accompanies participating in the athletic program or activity, except that a male may participate in a supporting role as a manager, coach, or other helper. “(f) The Comptroller General shall carry out a study to determine the meaning of the phrases ‘any other benefit’ and ‘supporting role’ as used in subsection (d)(4) as used in subsection (d)(4) by looking at benefits to women or girls of participating in single sex sports that would be lost by allowing males to participate. The study shall document the adverse psychological, developmental, participatory, and sociological results to girls of allowing males to compete, be members of a sports team, or participants in athletic programs, that are designed for girls, including displacement or discouragement from sports participation, deprivation of a roster spot on a team or sport, loss of the opportunity to participate in a practice or competition, loss of a scholarship or scholarship opportunities, loss or displacement of admission to an educational institution, deprivation of the benefit of an environment free of hostility based on sexual assault or harassment, or any other benefit that accompanies participating in the athletics program or activity. Further, the Comptroller General shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that contains the results of such study no later than January 1, 2027, with further studies authorized as the Comptroller General may deem necessary.”. Sec. 703. Reduction of regulatory burdens for universities. Title IX of the Education Amendments of 1972 is amended by inserting a new section 910 at the end as follows— “Reduction of regulatory burdens for universities.” “(a) The Secretary of Education is authorized to reduce excessive regulatory burdens under this Title. “(b) No student-on-student harassment which is not prohibited by disciplinary rules of an educational program or activity receiving Federal financial assistance may be considered discriminatory unless it violates a Federal, State, or local law. “(c) No educational program or activity receiving Federal financial assistance shall be required by this Title to establish any new athletic team under after July 1, 2027. This date may be delayed up to two years at the discretion of the Secretary of Education. “(d) No project subject to section 110 of this Title shall be in violation of such section on the basis of refusal of acceptance of students of one particular sex, provided that— “(1) Such project is not intended to train clergy who belong to only one sex; or “(2) Such project rejects students purely on the basis of sex, provided that such project has a sister or brother school of the opposite sex within an appropriate distance prescribed by the Secretary of Education, with the same cost of attendance, offering courses and opportunities to avoid violation of this Title, and has programs to assist students in meeting people of the opposite sex for the intent of marriage.” Sec. 704. Living facility equality under Title IX. Section 907 of Title IX of the Education Amendments of 1972 is amended as follows— “(a) Notwithstanding anything to the contrary contained in this chapter, no educational program or activity receiving Federal financial assistance shall be permitted to maintain non-separated living facilities (including changing rooms, restrooms, bedrooms, and other facilities where a person may not be fully clothed) for the two sexes, except that students who are lawfully married may cohabit in the same private living facilities, provided that other students shall not be granted access to such living facilities. “(b) The Secretary of Education shall have the authority to resolve issues related to persons with chromosomal and genital abnormalities. “(c) The Secretary of Education shall have the authority to issue regulations to ensure that living facilities for parents are kept adequate to the needs of such persons. “(d) The Secretary of Education may issue transitional waivers to ensure that this section does not increase costs of education. “(e) Subsection (a) does not prevent the separation of persons who may sexually harass, violate, or otherwise cause discomfort to persons of the same sex from potential victims of harassment or violation by persons of the same sex, including by revoking access to living facilities completely, except insofar as such discomfort caused may be due to jealousy or otherwise a difference in primary or secondary sexual characteristics which may be seen in such living facilities.” Sec. 705. Repeal of SAFRA Act. All amendments to the Higher Education Act of 1965 under sections 2201, 2202, 2203, 2204, 2205, 2206, 2207, and 2208 of the Health Care and Education Reconciliation Act of 2010 are repealed. Sec. 706. High demand skillset education loans. The Higher Education Act of 1965 is amended by adding a new section 437A after section 437 as follows— “437A. High demand skillset education loans.” “(a) In general.—It is the purpose of this section to authorize insured loans for United States citizens who are attending a university with the intent to enter one of the following professions— “(1) Health care for organisms of the species homo sapiens; “(2) Health care for organisms of other species which are endangered or displayed in zoos, aquariums, insectariums, or similar facilities; “(3) Healthcare administration; or “(4) Legal work relevant to other professions defined under this subsection. “(b) Eligible borrowers.—Any student with a GPA of at least 3.2 shall qualify for a loan under this section. “(c) Determination of amount of loan.—The determination of the amount of a loan by an eligible institution under subsection (b) shall be calculated by subtracting from the estimated cost of attendance at the eligible institution any estimated financial assistance reasonably available to such student. An eligible institution may not, in carrying out the provisions of subsection (b) of this section, provide a statement which certifies the eligibility of any student to receive any loan under this section in excess of the amount calculated under the preceding sentence. “(d) Loan limits “(1) In general.—The aggregate limit for loans under this section shall be $200,000. “(2) Limits for new students.—In a student's first year receiving a loan under this section, a limit of $5,000 may be borrowed. “(3) Subsequent annual limits.—For each subsequent year, an annual limit equal to one-fifth of the amount found by subtracting the limit described by paragraph (2) from the limit described by paragraph (1) shall apply. “(5) Capitalized interest.—Interest capitalized shall not be deemed to exceed a maximum aggregate amount determined under this section. “(e) Payment of principal and interest “(1) Commencement of repayment.—Repayment of principal on loans made under this section shall begin at the beginning of the repayment period described in section 1078(b)(7) of this title. Not less than 30 days prior to the anticipated commencement of such repayment period, the holder of such loan shall provide notice to the borrower that interest will accrue before repayment begins and of the borrower's option to begin loan repayment at an earlier date. “(2) Capitalization of interest “(A) Except as provided in subparagraph (C), interest on loans made under this section for which payments of principal are not required during the in“school and grace periods or for which payments are deferred under sections 1077(a)(2)(C) and 1078(b)(1)(M) of this title shall, if agreed upon by the borrower and the lender“ “(i) be paid monthly or quarterly; or “(ii) be added to the principal amount of the loan by the lender only“ “(I) when the loan enters repayment; “(II) at the expiration of a grace period, in the case of a loan that qualifies for a grace period; “(III) at the expiration of a period of deferment or forbearance; or “(IV) when the borrower defaults. “(B) The capitalization of interest described in subparagraph (A) shall not be deemed to exceed the annual insurable limit on account of the student. “(C) Interest shall not accrue on a loan deferred under section 1078(b)(1)(M)(v) or 1077(a)(2)(C)(iv) of this title. “(3) Subsidies prohibited.—No payments to reduce interest costs shall be paid pursuant to section 1078(a) of this title on loans made pursuant to this section. “(4) Applicable rates of interest.—Interest on loans made pursuant to this section shall be at the applicable rate of interest provided in section 1077a of this title. “(5) Amortization.—The amount of the periodic payment and the repayment schedule for any loan made pursuant to this section shall be established by assuming an interest rate equal to the applicable rate of interest at the time the repayment of the principal amount of the loan commences. At the option of the lender, the note or other written evidence of the loan may require that— “(A) the amount of the periodic payment will be adjusted annually; or “(B) the period of repayment of principal will be lengthened or shortened, in order to reflect adjustments in interest rates occurring as a consequence of section 1077a(c)(4) of this title. “(6) Repayment period.—For purposes of calculating the repayment period under section 1078(b)(9) of this title, such period shall commence at the time the first payment of principal is due from the borrower. “(7) Qualification for forbearance.—A lender may grant the borrower of a loan under this section a forbearance for a period not to exceed 60 days if the lender reasonably determines that such a forbearance from collection activity is warranted following a borrower's request for forbearance, deferment, or a change in repayment plan, or a request to consolidate loans in order to collect or process appropriate supporting documentation related to the request. During any such period, interest on the loan shall accrue but not be capitalized. “(f) Interest rate.—A loan issued under this section shall accrue interest at a rate of 4% per year, and the rate at issuance shall not be increased. “(g) Single application form and loan repayment schedule.—A guaranty agency shall use a single application form and a single repayment schedule for subsidized Federal Stafford loans made pursuant to section 1078 of this title and for unsubsidized Federal Stafford loans made pursuant to this section. “(h) Insurance premium.—Each State or private institution or organization having an agreement with the Secretary under section 1078(b)(1) of this title may charge a borrower under this section an insurance premium equal to not more than 1.0 percent of the principal amount of the loan, if such premium will not be used for incentive payments to lenders. In lieu of the insurance premium authorized under the preceding sentence, each State or private institution or organization having an agreement with the Secretary under section 1078(b)(1) of this title shall collect and deposit into the Federal Student Loan Reserve Fund under section 1072a of this title, a Federal default fee of an amount equal to 1.0 percent of the principal amount of the loan, which fee shall be collected either by deduction from the proceeds of the loan or by payment from other non“Federal sources. The Federal default fee shall not be used for incentive payments to lenders.” Sec. 707. Improvement of secondary education. (a) 20 U.S.C. 1001(a)(4) is amended by striking “is a public or other nonprofit institution” and inserting “awards only degrees which provide opportunities for gainful employment”. (b) 20 U.S.C. 1001(a)(1) is amended by inserting “(unless it is a secondary school)” after “this title”. (c) 20 U.S.C. 1001(a)(2) is amended by inserting “(unless it is a secondary school)” after “secondary education”. (d) 20 U.S.C. 1091(a)(1) is amended by inserting “(unless enrolled or accepted at such an institute of higher education that is also a secondary school)” and striking “(including a program of study abroad approved for credit by the eligible institution at which such student is enrolled)”. (e) A new subparagraph 20 U.S.C. 1091(d)(1)(C) is inserted as follows— “(C) The student is enrolled in an institute of higher education which is a secondary school.” (f) A new section 1011n is inserted at the end of Part B of Subchapter I of Chapter 28 of Title 20 U.S.c. as follows— “The Secretary of Education may establish regulations and exemptions for secondary schools which are treated as institutes of higher education.”. (g) 20 U.S.C. 1091(a)(5) is amended by striking “, a permanent resident of the United States” and all that follows and inserting “ who resides in the United States; and”. (h) 20 U.S.C. 1091(a)(1) is amended (i) Grants to support high-quality charter schools.—Section 4303 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221b) is amended— (1) in subsection (b)— (A) in paragraph (1)(C), by striking “and” after the semicolon; and (B) by striking paragraph (2) and inserting the following: “(2) (A) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in paragraph (1); “(B) work with authorized public chartering agencies in the State to improve authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools; and “(C) at the State entity’s discretion— “(i) fund a revolving loan fund or similar mechanisms for expenses under subsection (h) prior to an eligible applicant receiving reimbursement; and “(ii) provide assistance to eligible applicants in locating and accessing a facility; and “(3) provide pre-charter planning subgrants (in amounts of no more than $100,000 per prospective applicant) to charter school developers that— “(A) intend to submit an application— “(i) to an authorized public chartering agency to operate a charter school; or “(ii) to nonprofit or public entities for the provision of financial support to such developers; “(B) are led by educators who— “(i) have not less than 54 months of school-based experience (which may include experience in teaching in or administering after school or summer school programs); and “(ii) have demonstrated leadership competencies and success with students, as determined by the State entity; and “(C) have successfully completed the development of an initial plan for opening a charter school, as evidenced by a description of the educational needs of the community in which the proposed charter school will be located and how the proposed charter school will be suited to meet those needs.”; (2) in subsection (c)(1)— (A) in subparagraph (A), by striking “90 percent” and inserting “80 percent”; (B) in subparagraph (B)— (i) by striking “not less than 7 percent” and inserting “not more than 10 percent”; and (ii) by striking “and” after the semicolon; (C) by redesignating subparagraph (C) as subparagraph (D); (D) in subparagraph (D), as so redesignated, by striking “3 percent” and inserting “5 percent”; and (E) by inserting after subparagraph (B) the following: “(C) reserve not more than 5 percent of such funds to carry out the activities described in subsection (b)(3); and”; (3) in subsection (d)(1)(B), by striking “this section” and inserting “subsection (b)(1)”; (4) in subsection (e)(2), by striking “this section” and inserting “subsection (b)(1)”; (5) in subsection (f)(1)(A)(vi)— (A) in the matter preceding subclause (I), by inserting “under subsection (b)(1)” after “program”; and (B) in subclause (II), by striking “subgrant funds under this section” and inserting “subgrant funds under subsection (b)(1)”; and (6) in subsection (h), in the matter preceding paragraph (1), by striking “this section” and inserting “subsection (b)(1)”. (j) School resource officer funding.—Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: “SEC. 8549D. School resource officer funding maintenance. “(a) In general.—Beginning with the first fiscal year beginning after the date of the enactment of this section, a State educational agency may receive the total amount of funds that the agency is eligible to receive under a program under this Act for any fiscal year only if the agency maintains funding for school resource officer programs in elementary schools and secondary schools served by the agency at an amount that is not less than the greater of— “(1) the amount expended by the agency for such school resource officer programs in the most recent fiscal year preceding such fiscal year in which the agency, as applicable— “(A) did not receive a waiver under subsection (d); or “(B) complied with the requirements of this section; or “(2) the average annual amount expended by the agency for such school resource programs during the 5 fiscal years immediately preceding such fiscal year. “(b) Report.—A State educational agency shall, on an annual basis, submit to the Secretary a certification of compliance with the requirement under subsection (a) in such form, at such time, and containing such information as the Secretary may require, including a public report detailing, for the fiscal year in which the report is submitted and each of the 5 preceding fiscal years— “(1) the amount of State funding for school resource officer programs in elementary schools and secondary schools served by the agency; and “(2) the number of school resource officers working in such elementary schools and secondary schools pursuant to such programs. “(c) Noncompliance.—In the case of a State educational agency that fails to meet the requirement under subsection (a) for a fiscal year and does not receive a waiver under subsection (d), the Secretary shall, for the following fiscal year, reduce the total amount of funds that the agency is eligible to receive under programs under this Act in such following fiscal year by an amount in proportion to— “(1) the amount of State funding for school resource officer programs in elementary schools and secondary schools served by the agency for the fiscal year in which the agency fails to meet such requirement; compared to “(2) the amount of such funding expended by the agency in the most recent fiscal year preceding such fiscal year in which the agency, as applicable— “(A) did not receive a waiver under subsection (d); or “(B) complied with the requirements of this section. “(d) Waiver.—The Secretary may waive the requirements under subsection (a) for a State educational agency that submits to the Secretary a waiver request demonstrating that extraordinary financial circumstances of the State, including but not limited to significant economic downturn or natural disaster, resulted in a reduction in the amount of State funding for school resource officer programs in elementary schools and secondary schools served by the agency. “(e) School resource officer defined.—For purposes of this section, the term ‘school resource officer’ has the meaning given such term in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389).”. Sec. 708. Technical provisions. (a) Notwithstanding any prior Act, proclamation, order, ruling, or other item to the contrary, no territory of the United States may be considered a State for purposes of the Higher Education Act or Title 20 U.S.C. (b) 20 U.S.C. 1011b is amended by inserting “Puerto Rico, ” before “Guam”. (c) This title shall, except as otherwise specified, become effective on June 14, 2026. Sec. 709. Clarification of school authority. (a) 20 U.S.C. 1011a(b)(1) is amended by— (1) striking the word “liquor,” (2) by striking the word “alcohol” and inserting “substance” in its place, (3) striking “date” before “rape”, (4) inserting “to enforce a code of morals which shall not discriminate against any student on the basis of race, protected association, or protected speech,” after “to prevent hazing”, and (5) by striking “or”. (b) 20 U.S.C. 1011a(b)(2) is amended by striking the period at the end and inserting “; or” at the end. (c) A new paragraph 20 U.S.C. 1011a(b)(3) is inserted as follows— “(3) as permitting an institution of higher education to establish safe spaces, permit of violations of any Federal law, comply with or participate in any plot, action, or conspiracy which involves the violation of Federal law, or censor anything which does not involve the direct and unpermitted disruption of a lecture, violation of academic honesty policies, a presentation of genital or nipple, or in the case of a nonpublic and explicitly religious institution, enforcement of religious uniformity.” (d) A new paragraph 20 U.S.C. 1011a(c)(4) is inserted as follows— “(4) The term “safe space” means any restriction of protected speech within any area other than temporarily for the purpose of educational enhancement in which speech may be limited to that which is on-topic to course materials or to that which does not interfere with the lectures of a professor, for the purpose of protecting protected association by actual associations known to an institution of higher education, for the purpose of ensuring that such institutions are capable of privately conducting administrative activities, or for the purpose of permitting a peaceful assembly.” Sec. 710. Rules regarding seminaries 20 U.S.C. 1062(c)(1) is amended by inserting “, unless its students receive training in emergency medical services and legal services relating to marriage and funerals” preceding the period at the end of its first sentence. Sec. 711. Educational status of child sexual mutilation. (a) Prohibition On Institutions Of Higher Education.—Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: “(30) The institution will not offer instruction in child sexual mutilation (as defined in section 2260B(d) of title 18, United States Code).”. (b) Prohibition On Accrediting Agencies Or Associations.—Section 496(a) of the Higher Education Act of 1965 (20 U.S.C. 1099b(a)) is amended— (1) by striking “and” at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting “; and”; and (3) by adding at the end the following: “(9) such agency or association does not accredit any institution that offers instruction in child sexual mutilation (as defined in section 2260B(d) of title 18, United States Code).”. Sec. 712. Protection of student parents. (a) Title IX requirement.—Section 909 of the Education Amendments of 1972 amended as follows: “909. Protection of student parents and pregnant parents.” “Nothing in this chapter shall be construed to require any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. This section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion. It shall further be required that student parents be provided with necessary accommodations to ensure that student parents (including both pregnant students and students who have children) shall be able to access educational opportunities, except for safety reasons when courses may entail exposure to radiation or other hazards which may imperil children of students. Discrimination based on marital status, pregnancy, parentage, or shall be considered under this chapter. Discrimination based on gender identity or sexual identity shall not be considered as such.” (b) Notice of student parent rights, accommodations, and resources.—Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: “(n) Student parents’ Rights, Accommodations, and Resources.— “(1) IN GENERAL.—Each institution of higher education participating in any program under this title shall carry out the information dissemination activities described in paragraph (3) for prospective and enrolled students (including those attending or planning to attend less than full time) regarding the information described in paragraph (2) on the rights to, and resources (including protections and accommodations) for, pregnant students to carry a baby to term and students who may become pregnant while enrolled at such institution of higher education to carry a baby to term. “(2) INFORMATION CONTENT.—The information described in this paragraph is the following: “(A) A list of resources on campus and in the community that exist to help a student parent in carrying the baby to term and caring for the baby after birth. “(B) Information about the accommodations available to help a student parent carry the baby to term and parent the baby after birth. “(C) Information on how to file a complaint with— “(i) the Department of Health and Human Services, if a student believes there was a violation by the institution of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) on account of such student’s determination to carry a baby to term; and “(ii) the institution, if a student believes the student has been discriminated against in violation of such title IX on account of the student’s determination to carry a baby to term. “(3) INFORMATION DISSEMINATION ACTIVITIES.—The information dissemination activities described in this paragraph shall include— “(A) an email to each enrolled student at least once each academic year; and “(B) the provision of information— “(i) in student handbooks, if any; “(ii) at each orientation for enrolled students; “(iii) at student health or counseling centers, if any; and “(iv) on the publicly available website of the institution of higher education. “(4) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to authorize the Secretary to require the dissemination of additional information, or establish additional rights, beyond the information and rights included in this subsection.”. Sec. 713. Disclosures of foreign gifts. (a) Additional disclosures required.—Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) is amended— (1) by amending subsection (a) to read as follows: “(a) Disclosure report.— “(1) IN GENERAL.—Whenever any institution is owned or controlled by a foreign source, or receives a gift from or enters into a contract with a foreign source that equals or exceeds the threshold value described in paragraph (2), the institution shall file a disclosure report with the Secretary on January 31 or July 31, whichever is sooner. “(2) THRESHOLD VALUE.—For purposes of this subsection, the threshold value of a gift from or contract with a foreign source is— “(A) in the case of a foreign source that is not associated with a covered nation, $250,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year; and “(B) in the case of a foreign source that is associated with a covered nation, a gift or contract of any value.”; (2) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; (3) by inserting after subsection (c) the following: “(d) Additional submissions; reporting.— “(1) TRANSMISSION OF REPORTS, DOCUMENTS, AND RECORDS.—Not later than 10 days after receiving a disclosure report, document, or other record from an institution under this section, the Secretary shall transmit a copy of such report, document, or record to the Director of the Federal Bureau of Investigation and the Director of National Intelligence. “(2) REPORT TO THE SECRETARY OF STATE.—The Secretary of Education shall transmit periodic reports to the Secretary of State regarding disclosures made under this section.”; (4) in subsection (g), as redesignated by paragraph (2), by adding at the end the following: “(3) INVESTIGATION.—Whenever the Secretary receives credible information about potential noncompliance under this section regarding a covered nation, the Secretary shall initiate an investigation under this section. “(4) REQUESTS BY OTHER AGENCIES.—The Director of the Federal Bureau of Investigation and the Director of National Intelligence may request that the Attorney General bring a civil action to compel compliance with this section, as described in paragraph (1).”; and (5) in subsection (i), as redesignated by paragraph (2)— (A) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6); and (B) by inserting after paragraph (1) the following new paragraph: “(2) the term ‘covered nation’ has the meaning given that term in section 4872(d)(2) of title 10, United States Code;”. (b) Transmittal of records to FBI and DNI.— (1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Education shall transmit to the Director of the Federal Bureau of Investigation and the Director of National Intelligence— (A) a copy of any report, document, or other record received by the Department of Education under section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f), regardless of the date on which the record was received or the status of the case to which the record pertains (while the Department of Education shall retain the original); and (B) a copy of the entire record generated by the Department of Education in the course of an investigation into the compliance of an institution with such section (including any past investigation since the enactment of such section), including any email, report, document, or other record (while the Department of Education shall retain the original). (2) NEW INVESTIGATIONS.—In the case of a new investigation under section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) after the date of enactment of this Act, the Secretary of Education shall— (A) notify the Director of the Federal Bureau of Investigation and the Director of National Intelligence when such an investigation is opened; (B) submit the entire record of such investigation (as described in paragraph (1)) not more than 90 days after the completion of such investigation; and (C) retain original records as described in paragraph (1). Sec. 714. Incentives to resolve campus disorder. (a) In General.—Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following: “SEC. 124. Ineligibility due to campus disorder. “(a) In General.—Notwithstanding any other provision of law, no institution of higher education shall be eligible to receive funds under this Act (including funds for Federal student assistance under title IV) or participate in programs under title IV if is found to be in violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) or if the Secretary determines that the institution of higher education has failed to disestablish any permanent encampment on the institution's campus if occupants of the encampment, whether or not affiliated with the institution of higher education— “(1) have attempted to interfere with a core function of the institution of higher education; or “(2) have obstructed the ingress or egress of students. “(b) Definitions.—In this section: “(1) CAMPUS.—The term ‘campus’ has the meaning given the term in section 485(f)(6). “(2) CORE FUNCTION OF A UNIVERSITY.—The term ‘core function of a university’ means classroom instruction, research, and academic ceremonies performed as part of the matriculation, education, or graduation of students, including commencement ceremonies. “(3) ENCAMPMENT.—The term ‘encampment’ means any establishment on the campus of the institution of higher education containing any tent, lean-to, shack, or other structure erected for the purpose of maintaining a temporary or permanent place to live or reside, or where any bedding, sleeping bag, stove, or collection of personal belongings has been placed for the purpose of maintaining temporary or permanent habitability. “(4) PERMANENT ENCAMPMENT.—The term ‘permanent encampment’ means any encampment existing on the campus of the institution of higher education for 7 days or more. “(c) Regaining eligibility.—On the date that is 5 years after the date on which an institution is declared ineligible under this section, that institution may submit an application to the Secretary containing a request to regain such eligibility, and the Secretary shall consider such request.”. (b) Applicability.—The amendment made by subsection (a) shall take effect on the date of enactment of this Act, and ineligibility with respect to any grant, loan, or work assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) due to a violation of subsection (a) shall apply on or after July 1, 2025. (c) FAFSA determinations.—The Secretary of Education shall continue to receive and process the Free Application for Federal Student Aid for continuously enrolled students (as defined in section 4969 of the Internal Revenue Code of 1986, as added by this section), in order to make a determination about the covered Federal financial assistance amount (as defined under such section) for such students. (d) Excise Tax on the Endowments of Certain Disqualified Colleges and Universities.—Subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: “SEC. 4969. Excise tax on endowment income of certain disqualified colleges and universities. “(a) Tax imposed.—There is hereby imposed on each disqualified educational institution for any taxable year a tax equal to 60 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. “(b) Disqualified educational institution.—For purposes of this section, with respect to a taxable year— “(1) IN GENERAL.—The term ‘disqualified educational institution’ means an eligible educational institution (as defined in section 25A(f)(2)) which is ineligible to receive funds under the Higher Education Act of 1965 (including funds for Federal student assistance under title IV of such Act) or participate in programs under title IV of such Act pursuant to section 124 of such Act. “(2) EXCEPTION.—An institution shall not be treated as a disqualified educational institution for the taxable year if such institution— “(A) for the academic year ending with or within the taxable year, provides grant funds for all continuously enrolled students of the institution in an amount equal to the covered Federal financial assistance amount for such students, and “(B) demonstrates such assistance to the Secretary of Education. “(c) Assets.—The rules of section 4968(d) shall apply for purposes of this section. “(d) Continuously enrolled students.—For purposes of this section, the term ‘continuously enrolled student’ means a student who— “(1) is enrolled at an institution of higher education when that institution was determined to be ineligible for Federal student assistance pursuant to section 124 of the Higher Education Act of 1965; “(2) is a United States citizen; and “(3) has continued enrollment in the same degree program at that institution. “(e) Covered Federal financial assistance amount.—For purposes of this section, the term ‘covered Federal financial assistance amount’ means the amount of Federal financial assistance under title IV of the Higher Education Act of 1965 (including through grants, loans, and work assistance) for which a student who is a continuously enrolled student in a disqualified educational institution would have been eligible, with respect to an applicable award year, if the disqualified educational institution were participating in the financial assistance programs under such title IV, as calculated based on a student's submission of the Free Application for Federal Student Aid and in accordance with part F of such title IV.”. (e) Clerical amendment.—The table of sections for subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: “Sec. 4969. Excise Tax on the Endowments of Certain Disqualified Colleges and Universities.”. (f) Effective date.—The amendments made by this section shall apply to taxable years ending after July 1, 2025. (g) Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: “(30) The institution will participate in the E-Verify Program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) and shall renew verification under such program annually in order to ensure that all persons verified through such program maintain appropriate legal status.” (h) Department of Homeland Security monitoring and notification requirements. (1) Monitoring.—The Secretary of Homeland Security shall monitor every 6 months whether an institution of higher education is participating in the E-Verify Program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). (2) Notification.—The Secretary of Homeland Security shall notify the Secretary of Education, not later than 10 days after the Secretary of Homeland Security finds— (A) an institution of higher education to be in violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a); or (B) that an institution of higher education is not participating in the E-Verify Program under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). (i) Adjustment of investment income excise tax rule.—Section 4968 of the Internal Revenue Code of 1986 is amended by inserting “who are citizens of the United States” after each use of the word “students”. Sec. 715. American Workforce Development. (a) Definitions.—In this Act: (1) AMERICAN WORKFORCE CONTRACT.—The term “American workforce contract” means a contract approved by the Director, and entered into by an employer and a prospective trainee under this section. (2) AMERICAN WORKFORCE PROGRAM.—The term “American workforce program” means a program established under section 4(a) that provides, for each participating trainee, a paid, full-time position in which the trainee is engaged in— (A) structured on-the-job work, as specified by the American workforce contract involved; and (B) educational workforce training described in this section, as specified by the American workforce contract. (3) COMPETENCY-BASED CREDENTIAL.—The term “competency-based credential” means a credential awarded on the basis of a performance-based test that— (A) is taken to demonstrate proficiency in knowledge and abilities essential to the industry or occupation; and (B) does not place restrictions on how, when, or where the test taker studied and acquired the knowledge and abilities. (4) DIRECTOR.—The term “Director” means the Director of the American Workforce Division, appointed under subsection (c). (5) EMPLOYER.—The term “employer” means a for-profit employer, as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203), other than a public agency, as defined in that section. (6) PROSPECTIVE TRAINEE.—The term “prospective trainee” means an individual who— (A) applies to an employer to enter into an American workforce contract; and (B) on the date of application, meets the requirements of paragraph (8)(A). (7) SECRETARY.—The term “Secretary” means the Secretary of Labor. (8) TRAINEE.—The term “trainee” means any individual who— (A) on the date of application to an employer to enter into an American workforce contract— (i) is a United States citizen; (ii) has a high school diploma or its generally recognized equivalent; and (iii) has not earned a bachelor’s or higher degree, such as a master’s or doctoral degree; and (B) entered into an American workforce contract, which is still in effect, with the employer. (9) WORKFORCE PROJECT.—The term “workforce project” means a project carried out under an American workforce contract as part of the American workforce program. (b) Establishment of American Workforce Division.—There is established in the Department of Labor an American Workforce Division that administers, subject to the availability of appropriations, the American workforce program established under this section. (c) Director of American Workforce Division.— (1) IN GENERAL.—The American Workforce Division shall be headed and administered, in accordance with the provisions of this Act, by a Director. The Director shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report directly to the Secretary and shall perform, in addition to any functions specified in law for or required to be delegated to such officer, such additional functions as the Secretary may prescribe. (2) QUALIFICATIONS.—The Director shall have significant experience in the private sector. (3) AUTHORITY BEFORE CONFIRMATION.—Until the initial appointment of an individual to the position of Director, by and with the advice and consent of the Senate, and, thereafter, if the individual serving as the Director dies, resigns, or is otherwise unable to perform the functions and duties of the office of the Director, the Secretary of Commerce shall designate an officer or employee of the Department of Commerce to perform the functions and duties of the Director under this Act temporarily in an acting capacity. (d) Responsibilities of the Director.—The Director shall be responsible for each of the following: (1) Reviewing, and approving or disapproving, each proposed American workforce contract received by the Director not later than 1 month after the date of receipt of the proposed contract. (2) (A) Maintaining records of American workforce contracts and ensuring compliance with the contracts. (B) Publishing a standardized template for American workforce contracts, which template shall not exceed 3 pages, and shall be used by prospective trainees and employers to draft a proposed American workforce contract to submit to the Director for review and approval. (3) In accordance with subsection (e), receiving complaints, carrying out investigations, and taking disciplinary and correction action. (4) In accordance with subsection (f), making determinations and taking disciplinary and corrective action. (5) Coordinating activities with State governments and local governments to— (A) publicize the opportunity to receive workforce education subsidies for workforce projects, with employers in high-wage, high-demand industries and occupations; and (B) encourage employers to recruit students from secondary schools to participate in the workforce projects. (6) Developing and maintaining a comprehensive, publicly accessible, and user-friendly website to allow employers from each State to simply indicate their demand for workers in their industry or occupation, post it online, and accept applications for training from prospective trainees and ensures prospective trainees can easily search and compare options. (7) Preparing 5- and 10-year reports under section 6, and submitting the reports to Congress. (8) (A) Collecting, on an ongoing basis, up-to-date contact information, including an email, phone number, and mailing address, for each employer participating in a workforce project in the American workforce program. (B) Annually collecting the following information about the American workforce program: (i) The total number of new and continuing trainees training in each workforce project under an American workforce contract. (ii) The annual completion rate for trainees, calculated by comparing the number of trainees in a designated American workforce program cohort who successfully completed a workforce project with an employer and were hired as full-time regular employees by the same employer, with the number of trainees in that cohort who began participating in a workforce project. (iii) The annual rate of trainees who successfully completed a workforce project with an employer but were not hired as full-time regular employees by the same employer compared with the number of trainees who began participating in a workforce project. (iv) The median length of time for workforce project completion. (v) A survey conducted by the Director, based on a random sample and designed to generate statistically significant results, to estimate the post-American workforce program employment retention rate for former trainees, calculated 1 and 2 years after completion of a workforce project, broken down by— (I) former trainees who are employed by the employer with whom they completed their workforce project; (II) former trainees employed in the same industry or occupation as the industry or occupation in which they completed that workforce project, but by a different employer; and (III) former trainees who are employed, but in an industry or occupation that is not the industry or occupation described in subclause (II). (vi) The credentials attained by trainees through the American workforce program, broken down by type (such as competency-based credentials, certifications, and licenses) and the number of such credentials attained. (vii) The annualized average earnings of former trainees, calculated over a significant time period after completion of a workforce project. (viii) Median and mean workforce education subsidy provided per trainee. (ix) Basic demographic information, such as age, sex, and area of residence, on trainees. (9) Promulgating regulations by which unemployment benefits shall be conditioned related to the American Workforce Division. (e) Whistleblower complaints.— (1) COMPLAINT.—A trainee (including an employee participating as a trainee) in a workforce project may file a complaint with the Director alleging that the employer involved is not complying with the terms of the American workforce contract involved. (2) PRELIMINARY DETERMINATION.—The Director shall begin an investigation into the complaint within 1 month after the date of receipt of the complaint. Not later than 90 days after the beginning of the investigation, if the Director determines that there is clear and convincing evidence that the complaint is valid, the Director shall make a preliminary determination on disciplinary or corrective action. (3) NOTICE AND OPPORTUNITY TO RESPOND.—If the Director makes a preliminary determination under paragraph (2) of noncompliance, the Director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination. (4) DISCIPLINARY OR CORRECTIVE ACTION.—Disciplinary or corrective action under this subsection may consist of— (A) issuing to the employer a warning or temporary suspension, of not more than 5 years, from participation in the American workforce program; and (B) assessing a civil penalty against the employer of not more than the amount of funds received by the employer through workforce education subsidies during the past 2 years. (5) APPEAL.—If the Director so determines that the appropriate disciplinary or corrective action includes a suspension, the employer shall have 90 days to appeal the validity or the disciplinary or corrective action to the Director, with mandatory review by the Secretary of Commerce. (6) FINAL DETERMINATION.—After such mandatory review, the Director shall make a final determination on the validity and on the appropriate disciplinary or corrective action, contingent on approval from the Secretary of Commerce. (f) Noncompliance determinations.— (1) ACCOUNTABILITY.—The Director— (A) may, in order to make a preliminary determination about whether there is clear and convincing evidence that employers participating in workforce projects are complying with the terms of the American workforce contracts involved and meeting the requirements of the American workforce program— (i) demand and review relevant materials from the employers; and (ii) conduct random, periodic compliance reviews of workforce projects; and (B) shall review information in public disclosure documents submitted under section 4(g), including reviewing completion rates provided under section 4(g)(2)(A) to make a preliminary determination about whether there is clear and convincing evidence that employers are participating in a workforce project with a completion rate below 25 percent over 4 years. (2) NOTICE AND OPPORTUNITY TO RESPOND.—If the Director makes a preliminary determination under paragraph (1) of noncompliance or participation in a workforce project described in paragraph (1)(B), the Director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination. (3) WARNING OR CIVIL PENALTY.— (A) IN GENERAL.—The Director may, at the discretion of the Director, issue a warning to or assess a civil penalty against an employer if, after carrying out paragraph (2), the Director makes a final determination that there is clear and convincing evidence that— (i) the employer is participating in a workforce project described in paragraph (1)(B); or (ii) the employer is violating the terms of an American workforce contract or the requirements of the American workforce program. (B) CALCULATION OF CIVIL PENALTY.—A civil penalty assessed under subparagraph (A) shall be in an amount that is not more than the amount of funds received by the employer through workforce education subsidies during the past 2 years. (4) SUSPENSION.—The Director may, at the discretion of the Director, temporarily suspend an employer from the American workforce program for not more than 5 years if, after carrying out paragraph (2), the Director makes a final determination that there is clear and convincing evidence that— (A) the employer is participating in a workforce project described in paragraph (1)(B); or (B) the employer is consistently or egregiously violating the terms of an American workforce contract or the requirements of the American workforce program. (g) Interference with proceedings or inquiries.—It shall be unlawful for any employer to discharge or in any other manner discriminate against any trainee because such trainee— (1) has filed any complaint under subsection (d); (2) has given, or is about to give, any information in connection with any inquiry or proceeding under this Act (including any inquiry or proceeding under subsection (d) or (e)); or (3) has testified, or is about to testify, in any such inquiry or proceeding under this Act. (h) American workforce program.—The Director shall establish, subject to the availability of appropriations, an American workforce program, and carry out the program by supporting workforce projects with American workforce contracts, distributing workforce education subsidies and bonuses for hiring, and providing technical and administrative support. (i) Contracts.— (1) IN GENERAL.—To be eligible to receive a workforce education subsidy, bonus for hiring, or technical support under this Act for a workforce project, an employer and prospective trainee shall prepare a proposed American workforce contract under this subsection, based on the standardized template created by the Director, and submit the proposed contract to the Director for approval. The page limitation placed on the Director’s template under subsection (c)(2)(B) shall not apply to the proposed American workforce contract prepared by the trainee and employer or the final American workforce contract. (2) PROVISIONS.—The proposed contract between an individual who is a prospective trainee and the employer shall include each of the following: (A) PARTIES INVOLVED.—The name of the individual, the employer participating in the workforce project, and any third-party entity with whom the employer is partnering to provide the educational workforce training component of the project (referred to in this Act as a “third-party training entity”). (B) TERM.—The term, which shall not be shorter than 6 weeks, of the workforce project (including specifying total time to completion) and the amount of time the individual will spend in structured on-the-job work and in educational workforce training (including specifying hours per week, month, and year). (C) WORK AND TRAINING PLAN.—A detailed overview of the curriculum for the educational workforce training, a description of the structured on-the-job work, and a description of skills and competencies to be attained through the workforce project. (D) WRITTEN WORKFORCE AGREEMENT.—A proposed written workforce agreement for the individual that outlines each of the following: (i) The terms and conditions of the individual’s work and training. (ii) The wage or salary an individual will receive as a trainee and the estimated starting wage or salary, in accordance with the requirements of subsection (e), for each position, described in subsection (e), that the individual is receiving training for and being considered for. (iii) The technical and professional standards that will be met by the individual for successful completion of the workforce project. (iv) (I) Expected long-term and short-term outcomes for the individual, including qualifying positions of the type the individual is being trained for at the employer and third-party training entities (if applicable), and the estimated wage or salary range for the occupation the individual is being trained for. (II) The projected growth of the relevant industry or occupation, if information on that growth is available to the employer or obtainable with such technical assistance as the Director may provide. (v) The circumstances under which the individual's wage or salary will increase during the workforce project. (vi) A description of voluntary mentorship opportunities that may be available. (vii) A disclosure of the amount of the payment from a workforce education subsidy that the employer will receive per payment period from the Director and any costs or expenses that will be charged to the trainee or could reasonably be expected to be charged to the trainee. (viii) If 1 or more competency-based credentials exist for the relevant industry or occupation, a description of the top 1 to 3 such credentials that the individual might earn on successful completion of the workforce project. (ix) If no competency-based credential exists for the industry or occupation, a description of any other credential, such as a certification or license, that the individual might earn in the relevant industry or occupation due to experience in the workforce project. (3) REVIEW OF CREDENTIALS.— (A) IN GENERAL.—Not later than 1 month after receiving for review a proposed American workforce contract, the Director shall review the credentials specified in the contract under clause (viii) or (ix) of paragraph (2)(D) and may note any additional credentials the Director determines a trainee should consider earning. Any such credential noted by the Director shall be described in the contract. (B) RULES OF CONSTRUCTION.—Nothing in this section shall be construed to— (i) permit the Director to reject an entire proposed American workforce contract solely because of the Director’s view of a credential described in the proposed contract; or (ii) require a trainee to agree to earn a competency-based credential or another credential specified in the American workforce contract, as a condition of using funding provided through a workforce education subsidy under this section. (4) REVIEW OF CONTRACT.— (A) IN GENERAL.—Not later than 1 month after receiving a proposed American workforce contract, the Director shall review, and approve or disapprove, the proposed contract (including conducting the review under paragraph (3) and determining whether the employer has provided the appropriate written disclosure document under subsection (g)). (B) PRESUMPTION OF APPROVAL.—There shall be a presumption of approval for a proposed American workforce contract, in that such a contract that has not been disapproved by the Director shall be considered to be approved on the 32nd day after the date of that receipt. A proposed American workforce contract may only be disapproved for failing to meet the requirements of this Act. If such a proposed contract is disapproved, the Director shall describe the reason, with a citation to the requirement not met, and a recommendation for how the proposed contract shall be amended to comply with this Act. (5) REVIEW OF RESUBMISSION.—If an employer and individual submit a proposed contract under paragraph (1) that is not approved under paragraph (4), the employer and individual may resubmit the amended proposed contract for review as described in paragraph (4). For purposes of paragraph (4)(B), the reference to the date of receipt shall be considered to be the date of receipt of the resubmitted proposed contract. (6) ENTRY INTO CONTRACT.—Once a proposed contract has been approved under paragraph (4) or (5), the individual and employer involved may enter into the contract and initiate the workforce project. (7) CURRENT EMPLOYEES.—A participating employer may enter into an American workforce contract with, and enroll into their workforce project, an employee who holds a position with the employer if the employer agrees to— (A) maintain employment for that employee at the employee's wage or salary on the date of enrollment, or a higher wage or salary; and (B) provide an increase to the employee's annual wage or salary, if the employee successfully completes the workforce project, that is equal to not less than 25 percent of the value of the educational workforce subsidy provided for the project. (j) Workforce education subsidies.—Not earlier than the date on which an individual and employer enter into an American workforce contract approved by the Director, the Director shall provide an education workforce subsidy to the employer operating the workforce project. Each of the following rules shall apply to the workforce education subsidy and the trainee involved and employer: (1) The workforce education subsidy may be used to subsidize the cost of educational workforce training (onsite or with an eligible third-party training entity), not the wage or salary of the trainee. (2) The employer shall pay, at regular intervals, the trainee a wage or salary at a rate that is not less than the higher of— (A) the rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); or (B) the rate in effect under a State or local minimum wage law that applies to the State or locality in which the trainee is engaged in labor or service for the employer. (3) The employer shall provide a working environment for the trainee that meets all applicable Federal, State, and local safety laws and regulations. (4) Neither the Director or any other officer or employee of the executive branch of the Federal Government may make the workforce education subsidy contingent on any requirement not specified in this Act. (5) The employer shall not currently be suspended from participating in workforce projects under this section. (6) Participation in the workforce project involved shall not make the employer subject to the jurisdiction of the Office of Federal Contract Compliance Programs of the Department of Labor as a Federal contractor, including not being subject to Executive Order 11246. (7) The employer shall comply with all applicable Federal, State, and local statutory laws pertaining to nondiscrimination in employment. (8) The workforce education subsidy may not be used for— (A) diversity, equity, and inclusion training, or culturally responsive training; or (B) any other training that may violate— (i) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), by contributing to a hostile work environment; or (ii) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), including its prohibition, on the ground of race, color, or national origin, of discrimination under any program or activity receiving Federal financial assistance. (9) The workforce education subsidy may not be used for political spending, electioneering, or any other purpose that is not directly related to educational workforce training. (10) The Director shall make payments from the workforce education subsidy to the employer— (A) in even installments, following the end of each financial quarter in which the training and on-the-job work specified in the American workforce contract have been completed by the trainee; (B) in sums of not more than $1,500 per month; and (C) for a total amount of not more than $9,000, as determined on the basis of the American workforce contract. (11) A State government or locality may supplement the workforce education subsidy with additional funds, if the State government or locality does not make accepting such funds or any conditions attached to the funds a requirement of accepting Federal funding. (12) If the trainee chooses to leave a workforce project after the halfway point of the term of the workforce project, the trainee will be considered to have used the entirety of one of the workforce education subsidies through which the trainee is eligible to receive educational workforce training. (13) If the employer ceases operations, the trainee shall not be held at fault, meaning that the trainee may receive educational workforce training, funded with the full value of the workforce education subsidy, for a workforce project with a subsequent eligible employer, notwithstanding the time requirement of paragraph (15). (14) The maximum period of time for which an employer (including a subsequent employer described in paragraph (13)) may receive payments, provided through the workforce education subsidy for education workforce training of a trainee, shall be 3 years. (15) (A) In order for a trainee to enroll in a workforce project with a subsequent eligible employer through a second or third such subsidy, the trainee shall receive the related educational workforce training not less than 1 year after the conclusion of the trainee’s most recent training through a workforce education subsidy. (B) The time limit described in subparagraph (A) shall not apply to a trainee who— (i) completed a workforce project with, but was not hired by, an employer; and (ii) seeks to receive such training through a workforce project with the trainee's next employer. (16) The employer shall meet the applicable minimum ratios specified under subsection (r). (17) The employer shall use E-Verify for each trainee enrolled and individual hired or employed during the period for which the employer accepts funds through a subsidy provided under this Act, regardless of whether the trainee or individual participated in a workforce project, shall use E-Verify annually in such a case that such person is neither a citizen of the United States nor a participant in an American workforce project nor had legal authorization to work in the United States when initially hired and continued to work for such employer regardless of nonparticipation, and shall report the result of such E-Verify screening to the Department of Labor in order to guarantee compliance with the citizenship rule established under this section. (18) The employer shall publish necessary public disclosure documents, consistent with subsection (f). (k) Bonus for hiring.— (1) IN GENERAL.—If an trainee, on completion of a workforce project, is hired as a full-time, regular employee of the employer participating in the workforce project, with a wage or salary described in subsection (e)(1), the employer shall receive a bonus of $1,000 (in addition to any payment received through a workforce education subsidy). The Director shall pay the bonus not sooner than the date that is 6 months after the trainee is so hired. (2) RULES.—Subject to paragraph (3), each of the rules described in paragraphs (5), (6), (8), (9), (11), (16), (17), and (18) shall apply to the bonus, and the trainee hired and employer, except that a reference in those paragraphs— (A) to a workforce educational subsidy shall be considered to be a reference to the bonus; and (B) to a trainee shall be considered to be a reference to the trainee hired. (3) USE OF BONUS.—An employer who receives a bonus under this subsection may use the bonus funds to supplement the wage or salary of the trainee hired. (l) Position for the trainee.— (1) WAGES.—An employer participating in a workforce project shall be training each trainee and considering each trainee for a position that would have an annual wage or salary of not less than 80 percent of— (A) the annual median household income of the county in which the job involved is located (or an hourly wage based on that income and adjusted for a 2,080-hour annual work period), as determined by the 5-year estimates of the American Community Survey of the Bureau of the Census; or (B) if the county involved is not in a micropolitan or metropolitan area, the annual median household income for the nearest micropolitan or metropolitan area, as determined by the Bureau of the Census. (2) REMOTE WORK.—An employer providing remote work for a trainee or employee (in a position referred to in paragraph (1)) shall use the trainee's or employee's location when determining an applicable wage or salary under this Act. Such a trainee or employee engaging in remote work shall live in the United States and file Federal income taxes in the United States. (3) WORK.—An employer participating in a workforce project shall provide structured on-the-job work for each trainee in a job that requires specialized knowledge and experience and involves the performance of complex tasks, to prepare the trainee for a position referred to in paragraph (1). (m) Educational workforce training.—In providing for educational workforce training through a workforce project to a trainee, an employer shall meet each of the following requirements: (1) SKILLS.—The employer shall ensure that the training is designed in a manner that enables trainees to obtain and demonstrate competency and obtain progressively advancing and portable skills that are necessary for the industry or occupation involved. (2) PARTNERS.—The employer may partner with any of the following eligible third-party training entities, and may pay such a third-party training entity with funds from a workforce education subsidy, in order to provide the training for trainees in the workforce project: (A) A trade, industry, or employer group or association. (B) A corporation or other related organized entity. (C) An educational institution, such as an institution of higher education, including a community college, or a secondary school. (D) A State or local government agency or entity. (E) A nonprofit organization. (F) A union. (G) A joint labor-management organization. (H) A certification or accreditation body or entity for an industry or occupation. (I) A consortium or partnership of entities such as entities described in any of subparagraphs (A) through (H). (3) CREDENTIALS.—The employer shall ensure that, in conjunction with that training, the trainee shall be made aware of any widely used competency-based credentials in the employer’s industry or occupation. If a competency-based credential is described in the trainee’s American workforce contract, the employer shall not forbid the trainee, or provide a disincentive to discourage the trainee, from taking a related competency-based credential exam. (4) DEFINITIONS.—In this subsection: (A) COMMUNITY COLLEGE.—The term “community college” means an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) at which the highest degree that is predominately awarded to students is an associate degree. (B) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (n) Public disclosure document.— (1) IN GENERAL.—The Director shall require each participating employer seeking approval for a proposed American workforce contract to provide a written disclosure document, about the employer’s workforce project, that includes each of the following statistics and information: (A) The total expected cost, if any, for a trainee during or at the completion of the workforce project, such as the cost of fees for a certification examination. (B) The expected wage or salary for the position of the employer that the workforce project is designed to train for. (C) The length of the workforce project. (D) The total expected number of hours of structured on-the-job work per week, and of hours of educational workforce training per week, for a trainee during the workforce project. (E) The total expected number of hours for which a trainee will be paid during the course of the workforce project. (F) The hourly wage or salary for a trainee during the course of the workforce project. (G) Information stating any certifications, licenses, or other credentials that trainees in the workforce project might earn on successful completion of the workforce project. (2) ADDITIONAL PUBLIC DISCLOSURE FOR ESTABLISHED WORKFORCE PROJECTS.—Three years after an employer has completed a workforce project, the Director shall require the employer to include, in its written disclosure document, documentation that includes each of the following statistics: (A) The completion rate for trainees in a workforce project with the employer, calculated over the previous 3 years. (B) The percentage of trainees that completed a workforce project with, and were hired by, the employer participating in the project, calculated over the previous 2 years. (C) The average wage or salary of currently employed (as of the date of collection of the wage or salary information) trainees who completed a workforce project, during the last 3 years, presented in a way that does not reveal individually identifiable wage or salary information. (3) AVAILABILITY.—The disclosure documents described in paragraphs (1) and (2) shall be made available to the general public by the Director. (o) Workforce project after payment period.—Nothing in this Act shall be construed to require a workforce project to end after 3 years, the maximum period of time for which an employer may receive payments through a workforce education subsidy for a trainee, if the employer pays for the cost of the associated educational workforce training for the portion of the project after that maximum period. (p) Relationship to other projects.—Individuals who do not meet the criteria described in section 2(8)(A) may participate in projects, structured like workforce projects described in this Act, if the employer or an organization other than the Federal Government provides the necessary funding for wages or salaries, and educational workforce training. (q) Third-Party training entity.—The Secretary may not pressure, or provide an incentive or disincentive to, an employer to choose 1 eligible entity over another as a third-party training entity. The choice of a third-party training entity shall be made entirely by an employer. (r) Regulations on Ratios.— (1) RATIOS.—Beginning 5 years after the date of enactment of this Act, the Secretary may issue regulations that specify 1 or more ratios, based on categories of jobs as defined by the Secretary, between the number of job openings for a prospective position, as a full-time regular employee, related to a workforce project, and the number of trainees in that project. (2) OBJECTIVES.—In issuing the regulations, the Secretary shall consider the following objectives: (A) Assuring that a trainee has a reasonable opportunity to be hired as a full-time, regular employee by the employer participating in the workforce project. (B) Ensuring that an employer’s hiring discretion is not limited in a manner that would incentivize an employer to lower standards for a position that is particularly difficult or dangerous. (s) Criteria.—The Secretary may establish criteria regarding technical matters and provide technical assistance for meeting the requirements of this Act. (t) Required regulations.—Regulations required under this Act shall be issued by the corresponding officer within 3 months after the date of enactment of this Act, except as otherwise specified. (u) 5-Year report.—Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report including each of the following information, analysis, and recommendations: (1) A comparison of the American workforce program to other major career and technical education or apprenticeship programs administered by the Federal Government, including the registered apprenticeship program carried out under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), and to the workforce investment activity programs administered under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), on the basis of— (A) the completion rate of participants in each program; (B) the average earnings of participants in each program, calculated during— (i) the related career and technical education, apprenticeship, workforce investment, or workforce project; and (ii) the period beginning 3 years and ending 5 years after the participants complete the related career and technical education, apprenticeship, workforce investment, or workforce project; (C) the percentages obtained by dividing— (i) the number of participants and rate of growth in participants for each program; by (ii) the number of individuals in the labor force and the rate of growth of the labor force, respectively; (D) the level of direct engagement by employers with, and satisfaction from employers in, each program; and (E) the diversity of the industries and occupations of the employers who utilize each program. (2) The overall completion rate for the American workforce program, the completion rate for workforce projects by industry and occupation, the number of trainees who dropped out of the program entirely, broken down by industry and occupation, and the number who left a workforce project for another workforce project. (3) The results of a survey, based on a random sample and designed to generate statistically significant results, of trainees who have participated in the program. (4) The results of a survey, based on a random sample and designed to generate statistically significant results, of employers who have participated in the program, including a breakdown by size of employer. (5) Data collected by the Bureau of Labor Statistics under this section. (6) Information and technical criteria, other regulations, and guidance issued by the Secretary to administer the program. (7) Information on the rate of uptake by individuals and employers that are eligible to participate in the program, and recommendations for ways in which this rate of uptake could be improved. (8) Analysis on considerations for Congress about expanding the use of intermediary institutions, such as nonprofits, to better advertise the program. (9) (A) Analysis on considerations for Congress in expanding eligibility of the program for United States citizens who do not have a high school diploma or its generally recognized equivalent. (B) Analysis on considerations for Congress in encouraging trainees to obtain industry-recognized credentials that help to provide recognition of a portable skill. (C) Analysis on considerations for Congress on the effect and necessity of regulations described in section 5(d). (D) Recommendations for Congress on encouraging participation in workforce projects by small businesses. (10) Analysis on considerations for Congress about how to effectively engage high school students in a workforce project, including— (A) how coursework for a technical high school, or career and technical education in a high school, could qualify towards the completion of a workforce project; and (B) how time spent in structured on-the-job work or educational workforce training for a workforce project could count towards high school graduation. (11) Recommendations for improvement and reauthorization of the American workforce program by Congress. (v) 10-Year report.—Not later than 10 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report containing the information, analysis, and recommendations described in subsection (a). (w) Sunset.—The program authorized by section 4 and the position of the Director shall cease to exist on the earlier of— (1) the date on which the Director submits the report described in subsection (b) to Congress; or (2) the day that is 11 years after the date of enactment of this Act. (x) Excise tax on certain large private college and university endowments.—Subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: “SEC. 4969A. Excise tax on certain large private college and university endowments. “(a) Tax imposed.—There is hereby imposed on each specified applicable educational institution for the taxable year a tax equal to 1 percent of the aggregate fair market value of the assets of the institution at the end of the preceding taxable year. “(b) Specified applicable educational institution.—For purposes of this subchapter, the term ‘specified applicable educational institution’ means any applicable educational institution, other than an institution which is religious in nature, the aggregate fair market value of the assets of which at the end of the preceding taxable year (other than those assets which are used directly in carrying out the institution’s exempt purpose) is at least $2,500,000,000. “(c) Other terms.—For purposes of this section— “(1) ASSETS.—The rules of section 4968(d) shall apply. “(2) STUDENT.—The rules of section 4968(b)(2) shall apply.”. (y) Clerical amendment.—The table of sections for subchapter H of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: “Sec. 4969A. Excise tax on certain large private college and university endowments.”. (z) Effective date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2025. Sec. 716. Licensing reciprocity for college mental health providers. (a) In general.—Notwithstanding any other provision of Federal or State law, a college mental health provider may, in accordance with subsection (b), furnish mental health services to a covered student in the State in which such student is located through telehealth technology, unless such provider is affirmatively excluded from practice in such State. (b) Requirements To furnish services.— (1) INITIATION OF TELEHEALTH SERVICES.—Prior to furnishing mental health services to a covered student pursuant to subsection (a), a college mental health provider shall— (A) verify the identity of such student; (B) obtain an oral or written acknowledgment from such student (or a legal representative of such student), and make a record of such acknowledgment, indicating that such student intends to receive mental health services from such provider through telehealth technology; (C) obtain or confirm more than 1 means of telehealth technology through which such provider may contact such student in case of a technological failure; and (D) in the case that the college mental health provider has not previously furnished services to such student— (i) obtain a written acknowledgment from such student (or a legal representative of such student) indicating that such student understands that a treatment relationship is being established with such provider; or (ii) furnish such mental health services to such student through a means of telehealth technology that allows such provider and such student to communicate in real time. (2) SCOPE OF PRACTICE.—A college mental health provider furnishing services to a covered student pursuant to subsection (a)— (A) except as authorized under this section with respect to the location of such student, shall act within the scope of the license or certification from, or other authorization by, the primary State described in subsection (e)(1)(B); and (B) is not required to act within the scope of any license, certification, or other authorization issued to similar providers in the State in which such student is located if such provider would not be required to act within such scope if such services were furnished in the primary State, except that such provider— (i) may not furnish to such student any service or subset of services prohibited by the State in which such student is located; and (ii) may not furnish to such student any service or subset of services in a manner prohibited by the State in which such student is located. (c) Treatment of medical malpractice insurance coverage.—Any medical malpractice insurance coverage shall provide that services furnished by a college mental health provider to a covered student pursuant to subsection (a) shall be treated under such coverage as services furnished in the primary State. (d) Interstate compacts for telehealth.—The consent of Congress is hereby given to any 2 or more States to enter into agreements or compacts, not in conflict with this section, to permit college mental health providers to furnish mental health services to covered students in each such State through telehealth technology. (e) Definitions.—In this section: (1) COLLEGE MENTAL HEALTH PROVIDER.—The term “college mental health provider” means an individual who— (A) is employed by an institution of higher education to furnish mental health services to students enrolled at such institution; and (B) has a valid and unrestricted license or certification from, or is otherwise authorized by, the primary State to furnish such mental health services in such State. (2) COVERED STUDENT.—The term “covered student” means, with respect to a college mental health provider— (A) an individual registered for courses at the institution of higher education that employs such provider; and (B) an individual that attended courses at the institution of higher education that employs such provider at any point during the 3-month period ending on the date on which such provider is seeking to furnish such services to such individual pursuant to subsection (a). (3) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) PRIMARY STATE.—The term “primary State” means, with respect to a college mental health provider, the State in which the institution of higher education that employs such provider is located. (5) STATE.—The term “State” means a State, the District of Columbia, or a territory or possession of the United States. (6) TELEHEALTH TECHNOLOGY.—The term “telehealth technology” means telecommunications and information technology, including audio-visual, audio-only, or store and forward technology, used to furnish mental health services at a distance. Sec. 717. Accrediting agency recognition. (a) Criteria required.—Section 496(a) of the Higher Education Act of 1965 (20 U.S.C. 1099b(a)) is amended— (1) in the matter preceding paragraph (1), in the first sentence, by striking “or training” and inserting “or skills development”; (2) by amending paragraph (1) to read as follows: “(1) the accrediting agency or association (other than an accrediting agency or association described in paragraph (2)(D)) shall be a State or national agency or association and shall demonstrate the ability to operate as an institutional or programmatic accrediting agency or association within the State or nationally, as appropriate;”; (3) in paragraph (2)— (A) in subparagraph (A)— (i) in clause (i), by striking “principal”; and (ii) in clause (ii), by striking “its principal” and inserting “a”; and (B) in subparagraph (B), by striking “or” at the end; (C) in subparagraph (C), by inserting “or” at the end; and (D) by adding at the end the following: “(D) is an entity (such as an industry-specific quality assurance entity) that has been— “(i) determined by a State to be a reliable authority as to the quality of education or skills development offered in such State for the purposes of this Act; and “(ii) designated (in accordance with subsection (b)(1)) by such State as an accrediting agency or association with respect to such State for such purposes;”; (4) in paragraph (3)— (A) by amending subparagraph (A) to read as follows: “(A) subparagraph (A), (C), or (D) of paragraph (2), then such agency or association is— “(i) distinctly incorporated or organized; and “(ii) both administratively and financially separate from, and independent of, any related, associated, or affiliated trade association or membership organization, by ensuring that— “(I) the members of the board or governing body of the accrediting agency or association are not elected or selected by the board or chief executive officer (or the representative of such board or officer) of any related, associated, or affiliated trade association or membership organization; “(II) among the membership of the board or governing body of the accrediting agency or association— “(aa) if such board or body is comprised of 5 or fewer members, there is a minimum of one member who is not also a member of any related, associated, or affiliated trade association or membership organization (referred to in this subclause as a ‘public member’) and who represents business; and “(bb) if such board or body is comprised of 6 or more members, there is a minimum of 2 public members (at least one of whom represents business) for every 6 members; “(III) guidelines are established for such members to avoid conflicts of interest, including specific guidelines to ensure that no such member is an employee of any institution accredited by the agency or association or has a financial interest in any such institution; “(IV) dues to the accrediting agency or association are paid separately from any dues paid to any related, associated, or affiliated trade association or membership organization; and “(V) the budget of the accrediting agency or association is developed, determined, and maintained by the accrediting agency or association without any review by, consultation with, or approval by any related, associated, or affiliated trade association or membership organization;”; (B) by striking “or” at the end of subparagraph (B); and (C) by striking subparagraph (C); (5) in paragraph (4)— (A) in subparagraph (A)— (i) by inserting “(in the manner described in subparagraph (B))” after “religious missions”; and (ii) by striking “and” at the end; and (B) by striking subparagraph (B) and inserting the following: “(B) such accrediting agency or association consistently applies and enforces standards that respect the stated religious mission of an institution of higher education by— “(i) basing decisions regarding accreditation and preaccreditation on the standards of accreditation of such agency or association; and “(ii) not using as a negative factor the institution’s religious mission based policies, decisions, and practices in the areas covered by subparagraphs (B), (C), (D), (E), and (F) of paragraph (5), except that the agency or association may require that the institution’s or a program of study’s curricula include all core components required by the agency or association that are not inconsistent with the institution’s religious mission; and “(C) such agency or association demonstrates the ability to review, evaluate, and assess the quality of any instruction delivery model or method such agency or association has or seeks to include within its scope of recognition, without giving preference to or differentially treating (such as through separate standards, procedures, or policies) a particular instruction delivery model or method offered by an institution or program, except that in a case in which an instruction delivery model allows for the separation of the student from the instructor, the agency or association requires the institution to have processes through which the institution establishes that the student who registers in a course or program with such an instruction delivery model is the same student who participates in the course or program of study (including, to the extent practicable, the testing or other assessments required under the course or program of study), completes the course or program of study, and receives the academic credit for such course or program of study;”; and (6) in paragraph (5)— (A) by amending subparagraph (A) to read as follows: “(A) success with respect to student achievement outcomes in relation to the institution’s mission and to the programs the institution offers, or the mission of a specific degree, certificate, or credential program, which may include different standards for different institutions or programs of study, and which shall include— “(i) standards for consideration of student success outcomes measures, including— “(I) a comparison of the total price charged to students for a program of study to the value-added earnings of students who completed such program (such as a comparison, with respect to students who completed the program in the same award year, of the median total price charged to such students to the median value-added earnings of such students); “(II) completion rates; “(III) retention rates; and “(IV) loan repayment rates); “(ii) standards for consideration of learning outcomes measures (such as competency attainment and licensing examination passage rates); and “(iii) standards for consideration of labor market outcomes measures (such as employability measures, earnings gains, or other similar approaches); and”; and (B) by amending subparagraph (I) to read as follows: “(I) record of student complaints received by, or available to, the agency or association, and a process for resolving complaints received by the institution; and”; and (C) in the matter following subparagraph (J), by striking “subparagraphs (A), (H), and (J)” and inserting “subparagraph ((J)”. (b) Secretarial requirements and authority.—Subsection (b) of section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b) is amended to read as follows: “(b) Secretarial requirements and authority.— “(1) STATE DESIGNATED ACCREDITING AGENCY.— “(A) APPROVAL OF STATE PLANS.—The Secretary shall— “(i) approve a State’s designation of an entity as an accrediting agency or association for the purposes described in subsection (a)(2)(D) for a 5-year period, beginning not later than 30 days after receipt of the plan from such State with respect to such designation, if such plan includes each of the elements listed in subparagraph (B); “(ii) submit to the State and the authorizing committees, and make publicly available the Secretary’s response to the State with respect to such plan, including whether the plan includes each of the elements listed in subparagraph (B); and “(iii) if a State’s designation of an entity as an accrediting agency or association is approved pursuant to this subparagraph, publish in the Federal Register with a 30-day public comment period— “(I) the plan submitted by such State with respect to such designation; and “(II) the Secretary’s response to such plan. “(B) REQUIRED PLAN ELEMENTS.—The required elements of a State plan submitted under subparagraph (A) with respect to the designation of an entity as an accrediting agency or association are as follows: “(i) A description of the process the State used to select the entity for such designation. “(ii) A justification of the State’s decision to select the entity for such designation. “(iii) A description of any requirements (in addition to the requirements of this section), that the State required the entity to comply with as a condition of receiving and maintaining such designation, including a requirement for the entity to use, to the extent practicable during such designation, the common terminology developed pursuant to paragraph (3). “(iv) A copy of the standards, policies, and procedures of the entity that the State considered in selecting the entity for such designation. “(v) The State’s assessment of how the standards for accreditation of the entity will be effective in meeting the requirements of subsection (a)(5). “(vi) Evidence that at least one other State has determined that such entity is a reliable authority as to the quality of education offered for the purposes of this Act. “(vii) An assurance that the State will comply with the monitoring requirements described in subparagraph (C). “(C) STATE MONITORING.— “(i) IN GENERAL.—A State that has designated an entity as an accrediting agency or association for the purposes described in subsection (a)(2)(D) shall submit to the Secretary, and to the State authorizing entity, as appropriate, a report at the end of the 5-year period for which the entity has received such designation, which shall include, with respect to each program of study or institution that has been accredited by such entity during such period, and disaggregated by type of credential, certification, or degree— “(I) the number and percentage of students who have successfully obtained a postsecondary education credential, certification, or degree offered by such program or institution; “(II) the number and percentage of students who were enrolled and did not successfully obtain such a credential, certification, or degree within 150 percent of the program length; and “(III) the results of the State’s assessment described in subparagraph (B)(v). “(ii) COUNTING TRANSFER STUDENTS.—For purposes of clause (i)(I), a student shall be counted as obtaining a credential, certification, or degree offered by a program of study or institution that was accredited by the entity during the period for which the report under this subparagraph is being submitted, if the student obtains such credential, certification, or degree after transferring to another institution during such period. “(2) AUTHORITY TO PROVIDE AN ACCELERATED PATH TO RECOGNITION.—With respect to a prospective accrediting agency or association that submits to the Secretary an application for initial recognition under this Act, the Secretary may provide such recognition to such agency or association within 2 years after receipt of such application, if such application— “(A) demonstrates that the agency or association— “(i) has at least one year of experience in making accreditation or preaccreditation decisions; and “(ii) has policies in place that meet all the criteria under subsection (a) for recognition covering the range of the specific degrees, certificates, institutions, and programs of study for which the agency or association seeks such recognition; and “(B) provides an assurance that if the agency or association receives such recognition, the agency or association will submit to the Secretary monitoring reports regarding accreditation or preaccreditation decisions, as appropriate. “(3) DEVELOPMENT OF COMMON TERMINOLOGY.—Not later than 18 months after the date of enactment of the Accreditation Choice and Innovation Act, the Secretary shall— “(A) convene a panel of experts to develop common terminology for accrediting agencies or associations to use in making accrediting decisions with respect to programs of study and institutions, such as a common understanding of monitoring, warning, show cause, and other relevant statuses, as appropriate; and “(B) publish the recommendations for such common terminology in the Federal Register with a 60-day public comment period.”. (c) Operating procedures required.— (1) ON-SITE INSPECTIONS AND REVIEWS.—Paragraph (1) of section 496(c) (20 U.S.C. 1099b(c)) is amended— (A) by inserting “(which may vary based on institutional risk consistent with policies promulgated by the agency or association to determine such risk and interval frequency as authorized under subsection (p))” after “intervals”; and (B) by striking “, including those regarding distance education”. (2) MECHANISM TO IDENTIFY INSTITUTIONS AND PROGRAMS EXPERIENCING DIFFICULTIES.—Section 496(c) (20 U.S.C. 1099b(c)) is further amended— (A) by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively; and (B) by inserting after paragraph (1) the following: “(2) develops a policy process to identify any institution or program of study accredited by the agency or association that is not meeting the standards for accreditation of the agency or association, with a focus on the standards assessing an institution’s or program of study’s student success outcomes described in subsection (a)(5)(A)(i), which shall include— “(A) not less than annually, evaluating the extent to which such an identified institution or program of study continues to be in compliance with such standards or other indicators; and “(B) as appropriate, requiring the institution or program of study to submit a plan, on an annual basis, to the accrediting agency or association to— “(i) address and remedy performance issues with respect to such compliance; and “(ii) ensure that such plan is successfully implemented;”. (3) PROCEDURES WITH RESPECT TO SUBSTANTIVE CHANGES.—Paragraph (5) of section 496(c) (20 U.S.C. 1099b(c)) (as redesignated by paragraph (2)(A)) is amended to read as follows: “(5) establishes and applies or maintains policies to ensure that any substantive change of an institution described in subparagraph (B) after the agency or association has granted the institution accreditation or preaccreditation status does not adversely affect the capacity of the institution to continue to meet the agency’s or association’s standards for such accreditation or preaccreditation status, which shall include policies that— “(A) require the institution to obtain the agency’s or association’s approval of the substantive change before the agency or association includes the change in the scope of the institution’s accreditation or preaccreditation status; and “(B) define substantive change to include— “(i) any change in the established mission or objectives of the institution; “(ii) any change in the legal status, form of control, or ownership of the institution, including the acquisition or addition of any other institution or new location where more than 50 percent of a program of study is offered; “(iii) changing the credential level offered by a program of study that was previously accredited by the agency or association when the program of study offered a different credential level; and “(iv) the entering into a contract under which another institution or an organization not eligible to participate in programs under this title offers more than 25 percent but less than 50 percent of the instruction of a program of study of the institution with such accreditation or preaccreditation status;”. (4) PUBLIC AVAILABILITY.—Section 496(c) (20 U.S.C. 1099b(c)) is further amended— (A) in paragraph (8) (as redesignated by paragraph (2)(A))— (i) in the matter preceding subparagraph (A), by inserting “, on the agency’s or association’s website,” after “public”; and (ii) in subparagraph (C), by inserting before the semicolon at the end the following: “, and a summary of why such action was taken or such placement was made”; (B) in paragraph (9) (as so redesignated), by striking “and” at the end; (C) in paragraph (10)(B) (as so redesignated), by striking the period at the end and inserting the following: “, including an assurance that the institution does not deny a transfer of credit based solely on the accreditation of the institution at which the credit was earned;”; and (D) by adding at the end the following: “(11) such agency or association shall make publicly available, on the agency or association’s website, a list of the institutions of higher education or program of study accredited by such agency or association, which includes, with respect to each such institution or program of study— “(A) the year accreditation was first granted; “(B) the most recent date that accreditation or reaccreditation was granted; and “(C) the anticipated date of the institution’s next evaluation for reaccreditation;”. (5) PROHIBITION ON ASSESSMENT OF ELECTED OR APPOINTED OFFICIALS.—Section 496(c) (20 U.S.C. 1099b(c)) is further amended by adding at the end the following: “(12) confirms that the standards for accreditation of the agency or association do not assess the roles (including actions or statements) of elected and appointed State and Federal officials and legislative bodies; and”. (6) PROHIBITION OF PRACTICES THAT RESULT IN CREDENTIAL INFLATION.—Section 496(c) (20 U.S.C. 1099b(c)) is further amended by adding at the end the following: “(13) confirms that an institution’s or program of study’s compliance with a standard for accreditation of the agency or association does not require the institution or program to take any action (such as developing a new program of study) that would result in a violation of any other such standard (including the standards for consideration of student success outcomes described in subsection (a)(5)(A)(i) that relate to comparing the total price charged to students for a program of study to the value-added earnings of students who completed such program).”. (d) Limitation on scope of criteria.—Section 496 (20 U.S.C. 1099b) is further amended by amending subsection (g) to read as follows: “(g) Limitation on scope of criteria.— “(1) IN GENERAL.—The Secretary shall not establish criteria for accrediting agencies or associations that are not required by this section. “(2) INSTITUTIONAL ELIGIBILITY.—An institution of higher education shall meet the accreditation requirements for certification as an institution of higher education under section 102 and subpart 3 of this part, if the institution is in compliance with the standards of its accrediting agency or association that assess the institution in accordance with subsection (a)(5), regardless of any additional standards adopted by the agency or association for purposes unrelated to participation in programs under this title.”. (e) Change of accrediting agency.—Section 496 (20 U.S.C. 1099b) is further amended by amending subsection (h) to read as follows: “(h) Change of accrediting agency or association.— “(1) IN GENERAL.—With respect to an institution or program of study that is not subject to a covered action and that seeks to change its accrediting agency or association for a reason not related to any such covered action (such as compliance with State law)— “(A) the Secretary shall recognize the accreditation of such institution or program of study while the institution or program is in the process of changing its accrediting agency or association as long as, not later than 10 days before the start of such process, the institution or program of study provides written notification to the Secretary of such process; and “(B) such institution or program may make such a change without the approval of the Secretary as long as, not later than 10 days after the accreditation decision by the new accrediting agency or association, the institution or program and such new accrediting agency or association, provide written notification to the Secretary of the effective date of the accreditation by such agency or association of such institution or program. “(2) COVERED ACTION DEFINED.—For purposes of this subsection, the term ‘covered action’ means one or more of the following, when used with respect to an institution or program of study: “(A) A pending or final action brought by a State agency to suspend, revoke, withdraw, or terminate the institution’s legal authority to provide postsecondary education in the State. “(B) A decision by a recognized accrediting agency or association to deny accreditation or preaccreditation to the institution or program of study. “(C) A pending or final action brought by a recognized accrediting agency or association to suspend, revoke, withdraw, or terminate the accreditation or preaccreditation of the institution or program of study. “(D) Probation or an equivalent status imposed on the institution or program of study by a recognized accrediting agency or association. “(E) The institution is in the process of a substantive change (as described in subsection (c)(5)).”. (f) Dual accreditation rule.—Section 496 (20 U.S.C. 1099b) is further amended by amending subsection (i) to read as follows: “(i) Dual accreditation rule.— “(1) RECOGNITION BY SECRETARY.—The Secretary shall recognize the accreditation of any otherwise eligible institution of higher education if the institution of higher education is accredited, as an institution, by more than one accrediting agency or association. “(2) DESIGNATION BY INSTITUTION.—If the institution is accredited, as an institution, by more than one accrediting agency or association, the institution— “(A) shall designate which agency’s or association’s accreditation shall be utilized in determining the institution’s eligibility for participation in programs under this Act; and “(B) may change this designation at the end of the institution’s period of recognition.”. (g) Religious institutions rule.—Section 496 (20 U.S.C. 1099b) is further amended by amending subsection (k) to read as follows: “(k) Religious institution rule.— “(1) IN GENERAL.—Notwithstanding subsection (j), the Secretary shall allow an institution that has had its accreditation withdrawn, revoked, or otherwise terminated, or has voluntarily withdrawn from an accreditation agency, to remain certified as an institution of higher education under section 102 and subpart 3 of this part for a period sufficient to allow such institution to obtain alternative accreditation, if the Secretary determines, in accordance with paragraph (2), that such withdrawal, revocation, or termination— “(A) is related to the religious mission or affiliation of the institution; and “(B) is not related to the accreditation criteria provided for in this section. “(2) ADMINISTRATIVE COMPLAINT FOR FAILURE TO RESPECT RELIGIOUS MISSION.— “(A) IN GENERAL.— “(i) INSTITUTION.—If an institution of higher education believes that an adverse action of an accrediting agency or association fails to respect the institution’s religious mission in violation of subsection (a)(4)(B), the institution— “(I) may file a complaint with the Secretary to review the adverse action of the agency or association; and “(II) prior to filing such complaint, shall notify the Secretary and the agency or association of an intent to file such complaint not later than 30 days after— “(aa) receiving the adverse action from the agency or association; or “(bb) determining that discussions with or the processes of the agency or association to remedy the failure to respect the religious mission of the institution will fail to result in the withdrawal of the adverse action by the agency or association. “(ii) ACCREDITING AGENCY OR ASSOCIATION.—Upon notification of an intent to file a complaint and through the duration of the complaint process under this paragraph, the Secretary and the accrediting agency or association shall treat the accreditation status of the institution of higher education as if the adverse action for which the institution is filing the complaint had not been taken. “(B) COMPLAINT.—Not later than 45 days after providing notice of the intent to file a complaint, the institution shall file the complaint with the Secretary (and provide a copy to the accrediting agency or association), which shall include— “(i) a description of the adverse action; “(ii) how the adverse action fails to respect the institution’s religious mission in violation of subsection (a)(4)(B); and “(iii) any other information the institution determines relevant to the complaint. “(C) RESPONSE.— “(i) IN GENERAL.—The accrediting agency or association shall have 30 days from the date the complaint is filed with the Secretary to file with the Secretary (and provide a copy to the institution) a response to the complaint, which response shall include— “(I) how the adverse action is based on a violation of the agency or association’s standards for accreditation; and “(II) how the adverse action does not fail to respect the religious mission of the institution and is in compliance with subsection (a)(4)(B). “(ii) BURDEN OF PROOF.— “(I) IN GENERAL.—The accrediting agency or association shall bear the burden of proving that the agency or association has not taken the adverse action as a result of the institution’s religious mission, and that the action does not fail to respect the institution’s religious mission in violation of subsection (a)(4)(B), by showing that the adverse action does not impact the aspect of the religious mission claimed to be affected in the complaint. “(II) INSUFFICIENT PROOF.—Any evidence that the adverse action results from the application of a neutral and generally applicable rule shall be insufficient to prove that the action does not fail to respect an institution’s religious mission. “(D) ADDITIONAL INSTITUTION RESPONSE.— “(i) IN GENERAL.—The institution shall have a 30-day period beginning on the date on which the agency or association’s response is filed with the Secretary to file with the Secretary (and provide a copy to the agency or association) a response to any issues raised in the response of the agency or association. “(ii) WAIVER OF RIGHT TO RESPOND.—An institution that does not file such a response during the 30-day period described in clause (i) shall be deemed to have waived the institution’s right to respond to the response of the agency or association. “(E) SECRETARIAL ACTION.— “(i) IN GENERAL.—During the 30-day period described in subparagraph (D)(i)— “(I) the Secretary shall review the materials to determine if the accrediting agency or association has met its burden of proof under subparagraph (C)(ii)(I); or “(II) in a case in which the Secretary fails to conduct such review— “(aa) the Secretary shall be deemed as determining that the adverse action fails to respect the religious mission of the institution; and “(bb) the accrediting agency or association shall be required to reverse the action immediately and take no further action with respect to such adverse action. “(ii) REVIEW OF COMPLAINT.—In reviewing the complaint under clause (i)(I)— “(I) the Secretary shall consider the institution to be correct in the assertion that the adverse action fails to respect the institution’s religious mission and shall apply the burden of proof described in subparagraph (C)(ii)(I) with respect to the accrediting agency or association; and “(II) if the Secretary determines that the accrediting agency or association fails to meet such burden of proof— “(aa) the Secretary shall notify the institution and the agency or association that the agency or association is not in compliance with subsection (a)(4)(B), and that such agency or association shall carry out the requirements of item (bb) to be in compliance with subsection (a)(4)(B); and “(bb) the agency or association shall reverse the adverse action immediately and take no further action with respect to such adverse action. “(iii) FINAL DEPARTMENTAL ACTION.—The Secretary’s determination under this subparagraph shall be the final action of the Department on the complaint. “(F) RULE OF CONSTRUCTION.—Nothing in this paragraph shall prohibit— “(i) an accrediting agency or association from taking an adverse action against an institution of higher education for a failure to comply with the agency or association’s standards of accreditation as long as such standards are in compliance with subsection (a)(4)(B) and any other applicable requirements of this section; or “(ii) an institution of higher education from exercising any other rights to address concerns with respect to an accrediting agency or association or the accreditation process of an accrediting agency or association. “(G) REGULATIONS AND GUIDANCE.— “(i) IN GENERAL.—The Secretary may only issue regulations and guidance under this paragraph that explain or clarify the process for providing notice of an intent to file a complaint or for filing a complaint under this paragraph. “(ii) CLARIFICATION.—The Secretary may not issue regulations, guidance, or otherwise determine or suggest, when discussions to remedy the failure by an accrediting agency or association to respect the religious mission of an institution of higher education referred to in subparagraph (A)(i)(II)(bb) have failed or will fail.”. (h) Independent evaluation.—Section 496(n)(3) (20 U.S.C. 1099b(n)(3)) is amended by striking the last sentence. (i) Regulations.—Section 496(o) (20 U.S.C. 1099b(o)) is amended by inserting before the period at the end the following: “, or with respect to the policies and procedures of an accreditation agency or association described in paragraph (2) or (5) of subsection (c) or how the agency or association carries out such policies and procedures”. (j) Risk-Based review processes or procedures; waiver.—Section 496 (20 U.S.C. 1099b) is further amended— (1) by striking subsections (p) and (q); and (2) by adding at the end the following: “(p) Risk-Based or differentiated review processes or procedures.— “(1) IN GENERAL.—Notwithstanding any other provision of law (including subsection (a)(4)(A)), an accrediting agency or association shall establish risk-based processes or procedures for assessing compliance with the accrediting agency or association’s standards (including policies related to substantive change and award of accreditation statuses) under which the agency or association— “(A) creates a system for understanding the performance of each institution and program of study being reviewed by such agency or association in comparison with the performance of other similarly situated institutions or programs of study (which may include the past performance of the institution or program with respect to meeting the accrediting agency or association’s standards, including the standards relating to the student success outcomes described in subsection (a)(5)(A)(i)); “(B) with respect to each institution and program of study designated as high-risk, as determined using the accrediting agency or association’s system described in subparagraph (A), requires the institution and program of study to submit the annual plans described in subsection (c)(2)(B) to the agency or association that address the performance issues of such institution or program of study that resulted in such designation; “(C) with respect to each institution and program of study whose performance meets or exceeds the standards of the accrediting agency or association, as determined using the system described in subparagraph (A), reduces any compliance requirements with respect to such standards that are not assessing the institution or program of study in accordance with subsection (a)(5) (such as on-site inspections); and “(D) may require an institution or program of study that has declining performance (such as an institution or program of study with a high-risk designation described in subparagraph (B)), which has not improved as required by the annual plan submitted under subsection (c)(2)(B), to take actions to avoid or minimize the risks that may lead to revocation of accreditation (such as limiting certain program of study enrollment or recommending to the Secretary to limit funds under this title for such an institution or program). “(2) PROHIBITION.—Any risk-based review process or procedure established pursuant to this subsection shall not discriminate against, or otherwise preclude, institutions of higher education based on institutional sector or category, including an institution of higher education’s tax status.”. (k) Definitions.—Section 496 (20 U.S.C. 1099b) is further amended by adding at the end the following: “(q) Definitions.—For purposes of this Act: “(1) PROGRAM LENGTH.—The term ‘program length’ means the minimum amount of time in weeks, months, or years that is specified in the catalog, marketing materials, or other official publications of an institution of higher education for a full-time student to complete the requirements for a specific program of study. “(2) PROGRAM OF STUDY.— “(A) IN GENERAL.—The term ‘program of study’ means an eligible program at an institution of higher education that is classified by a combination of— “(i) one or more CIP codes; and “(ii) one credential level, determined by the credential awarded upon completion of the program. “(B) CIP CODE.—The term ‘CIP code’ means the six-digit taxonomic identification code assigned by an institution of higher education to a specific program of study at the institution, determined by the institution of higher education in accordance with the Classification of Instructional Programs published by the National Center for Education Statistics. “(C) CREDENTIAL LEVEL.— “(i) IN GENERAL.—The term ‘credential level’ means the level of the degree or other credential awarded by an institution of higher education to students who complete a program of study of the institution. Each degree or other credential awarded by an institution shall be categorized by the institution as either undergraduate credential level or graduate credential level. “(ii) UNDERGRADUATE CREDENTIAL.—When used with respect to a credential or credential level, the term `undergraduate credential' includes credentials such as an undergraduate certificate, an associate degree, a bachelor's degree, and a post-baccalaureate certificate (including the coursework specified in paragraphs (3)(B) and (4)(B) of section 484(b)). “(iii) GRADUATE CREDENTIAL.—When used with respect to a credential or credential level, the term ‘graduate credential’ includes credentials such as a master's degree, a doctoral degree, a professional degree, and a postgraduate certificate. “(3) RELIGIOUS MISSION.—The term ‘religious mission’— “(A) means a published institutional mission that is approved by the governing body of an institution of higher education and that includes, refers to, or is predicated upon religious tenets, beliefs, or teachings; and “(B) may be reflected in any of the institution’s policies, decisions, or practices related to such tenets, beliefs, or teachings (including any policies or decisions concerning housing, employment, curriculum, self-governance, or student admission, continuing enrollment, or graduation). “(4) TOTAL PRICE.—With respect to a student who received Federal financial assistance under this title and who completes a program of study, the term ‘total price’ means the total amount, before Federal financial assistance under this title was applied, a student was required to pay to complete the program of study. A student’s total price shall be calculated by the Secretary as the difference between— “(A) the total amount of tuition and fees that were charged to such student before the application of any Federal financial assistance provided under this title; minus “(B) the total amount of grants and scholarships described in section 480(i) awarded to such student from non-Federal sources for such program of study. “(5) VALUE-ADDED EARNINGS.— “(A) IN GENERAL.—With respect to a student who received Federal financial aid under this title and who completed a program of study offered by an institution of higher education, the term ‘value-added earnings’ means— “(i) the annual earnings of such student measured during the applicable earnings measurement period for such program (as determined under subparagraph (C)); minus “(ii) in the case of a student who completed a program of study that awards— “(I) an undergraduate credential, 150 percent of the poverty line applicable to a single individual as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) for such year; or “(II) a graduate credential, 300 percent of the poverty line applicable to a single individual as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) for such year. “(B) GEOGRAPHIC ADJUSTMENT.— “(i) IN GENERAL.—Except as provided in clause (ii), the Secretary shall use the geographic location of the institution at which a student completed a program of study to adjust the value-added earnings of the student calculated under subparagraph (A) by dividing— “(I) the difference between clauses (i) and (ii) of such subparagraph; by “(II) the most recent regional price parity index of the Bureau of Economics Analysis for the State or, as applicable, metropolitan area in which such institution is located. “(ii) EXCEPTION.—The value-added earnings of a student calculated under subparagraph (A) shall not be adjusted based on geographic location in accordance with clause (i) if such student attended principally through distance education. “(C) EARNINGS MEASUREMENT PERIOD.— “(i) IN GENERAL.—For the purpose of calculating the value-added earnings of a student, except as provided in clause (ii), the annual earnings of a student shall be measured— “(I) in the case of a program of study that awards an undergraduate certificate, post baccalaureate certificate, or graduate certificate, 1 year after the student completes such program; “(II) in the case of a program of study that awards an associate’s degree or master’s degree, 2 years after the student completes such program; and “(III) in the case of a program of study that awards a bachelor’s degree, doctoral degree, or professional degree, 4 years after the student completes such program. “(ii) EXCEPTION.—The Secretary may, as the Secretary determines appropriate based on the characteristics of a program of study, extend an earnings measurement period described in clause (i) for a program of study that— “(I) requires completion of an additional educational program (such as a residency or fellowship) after completion of the program of study in order to obtain licensure or board certification associated with the credential awarded for such program of study; and “(II) when combined with the program length of such additional educational program for licensure or board certification, has a total program length that exceeds the relevant earnings measurement period prescribed for such program of study under clause (i), except that in no case shall the annual earnings of a student be measured more than 1 year after the student completes such additional educational program.”. Sec. 718. Recognizing Home School Graduates. Section 484(d) of the Higher Education Act of 1965 (20 U.S.C. 1091(d)) is amended— (1) in the heading of such subsection, by striking “Who Are Not High School Graduates” and inserting “From Non-Traditional Settings”; and (2) by adding at the end the following: “(3) HIGH SCHOOL GRADUATE.—For purposes of this Act, a student who has completed a secondary school education in a home school setting that is treated as a home school or private school under State law shall be considered a high school graduate.”. Sec. 719. Improving transparency and accountability for student loan borrowers. (a) Program-Level data.—The Secretary of Education shall expand and update annually the College Scorecard, or any successor, with the following program-level data for each certificate, degree, graduate, and professional program for which students are eligible to receive Federal student aid: (1) The median annual earnings of the programmatic cohort of students who received Federal funds (including Federal Pell Grants or student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.)) for enrollment in such program during the academic year that is 10 years before the year of the determination, regardless of completion status. (2) The median amount of Federal Direct Stafford Loan debt, as determined by the Secretary of Education, that borrowers of such loans who completed the program had at the time they entered repayment on such Federal Direct Stafford Loans. (3) In the case of a graduate or professional program, the median amount of Graduate Federal Direct PLUS loan debt, as determined by the Secretary of Education, that borrowers of such loans who completed the program had at the time they entered repayment on such Graduate PLUS loans. (4) The median amount of Parent Federal Direct PLUS loan debt, as determined by the Secretary of Education, for students who completed the program and on whose behalf a parent borrowed such Parent PLUS loans. (5) The default rate of students who completed the program, as determined by the Secretary of Education. (6) The repayment rate. (b) Institution-Level data.—The Secretary of Education shall expand and update annually the College Scorecard, or any successor, with the following institution-level data: (1) The cohort default rate. (2) The repayment rate. (3) The rate of default on Graduate Federal Direct PLUS loans, as determined by the Secretary of Education, and the repayment rate of such loans for students who received such loans for attendance at the institution. (4) The rate of default on Parent Federal Direct PLUS loans, as determined by the Secretary of Education, and the repayment rate of such loans for students on whose behalf a parent borrowed such loans for the student’s attendance at the institution. (c) Definitions.—In this Act: (1) COHORT DEFAULT RATE.—The term “cohort default rate” has the meaning given the term in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)). (2) REPAYMENT RATE.— (A) IN GENERAL.—The term “repayment rate” means the share of borrowers that graduated with Federal student loans in repayment that belong to a status category described in subparagraph (B), 2 years after entering repayment. (B) STATUS CATEGORIES.—The status categories shall be determined by the Secretary of Education and may include the categories: making progress, not making progress, deferment, paid in full, forbearance, defaulted, delinquent, and discharged. (C) EXCLUSIONS.—The repayment rate shall exclude private student loans and Federal loans originated at a different institution. Sec. 720. State educational agency grants to eligible children. (a) In general.—Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended to read as follows: “PART A—STATE EDUCATIONAL AGENCY GRANTS TO ELIGIBLE CHILDREN “SEC. 1111. Allocations to States. “(a) In general.—For each fiscal year, the Secretary shall allocate the amount appropriated to carry out this part among State education agencies based on the number of eligible children residing in each State. “(b) Eligible child.—In this section, the term ‘eligible child’ means a child aged 5 to 17, inclusive, from a family with an income below the poverty level on the basis of the most recent satisfactory data published by the Department of Commerce. “(c) Criteria of poverty.—In determining the families with incomes below the poverty level for the purposes of this section, a State educational agency shall use the criteria of poverty used by the Census Bureau in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. “SEC. 1112. Funds following eligible children. “(a) Calculation of per pupil amount.—For each fiscal year, the State educational agency shall calculate the per pupil amount by dividing the amount made available to the agency under section 1111 by the number of eligible children (as defined in section 1111(b)) residing in the State. “(b) Use of funds.—Each State educational agency shall use each per pupil amount calculated under subsection (a) for qualified elementary and secondary education expenses and in a manner directed by State law. “(c) Funds distributed to parents.—In a case in which State law directs a State educational agency to distribute all or a portion of a per pupil amount to a parent of an eligible child, the agency also shall determine, consistent with State law, how the agency will verify that funds are being used in accordance with this section and whether to require the parent to establish an educational savings account or other dedicated account to maintain such funds. “(d) Definition.—In this section, the term ‘qualified elementary and secondary education expenses’, when used with respect to a child, means any of the following: “(1) Expenses within the budget of the local educational agency having jurisdiction over the geographic area in which the child resides. “(2) Expenses within the budget of the public or charter school the child may attend without paying tuition or fees. “(3) Tuition and fees required to be paid in order for the child to attend a public or charter school in the State in which the child resides. “(4) Tuition and fees required to be paid in order for the child to attend an accredited or otherwise State-approved private school in the State in which the child resides. “(5) Fees required to be paid for the child to participate in a State-approved supplemental educational services program. “SEC. 1113. Rules of construction. “(a) In general.—No officer or employee of the Federal Government shall, through grants, contracts, or other cooperative agreements, mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curricula, or program of instruction (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards), nor shall anything in this Act be construed to authorize such officer or employee to do so. “(b) No requirement To implement assessments, standards, or accountability systems.—An officer or employee of the Federal Government shall not require a State educational agency, local educational agency, school, or Indian Tribe to implement an annual assessment, academic standard, or accountability system, or condition funds made available under this part upon such implementation.”. (b) Conforming amendments.— (1) REPEAL OF STATE ASSESSMENT GRANTS.—Part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1201 et seq.) is repealed. (2) AUTHORIZATION OF APPROPRIATIONS.—Section 1002 of such Act (20 U.S.C. 6302) is amended— (A) by striking the subsection heading for subsection (a) and inserting “State educational agency grants for eligible children”; and (B) by striking subsection (b). DIVISION E—Appropriations for Continuing Government during Fiscal Year 2026 SECTION 1. Short title. This Act may be cited as the “Appropriations for Continuing Government during Fiscal Year 2026”. SEC. 2. Table of contents. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Explanatory statement. Sec. 5. Statement of appropriations. TITLE I—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026 Subtitle A—Department of Commerce Subtitle B—Department of Justice Subtitle C—Science Subtitle D—Related Agencies Subtitle E—General Provisions TITLE II—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2026 Subtitle A—Corps of Engineers—Civil Subtitle B—Department of the Interior Subtitle C—Department of Energy Subtitle D—Independent Agencies Subtitle E—General Provisions TITLE III—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026 Subtitle A—Department of the Interior Subtitle B—Environmental Protection Agency Subtitle C—Related Agencies Subtitle D—General Provisions SEC. 3. References. Except as expressly provided otherwise, any reference to “this Act” contained in any division of this Act shall be treated as referring only to the provisions of that division. SEC. 4. Explanatory Statement. The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about January 7, 2026, and submitted by the chair of the Committee on Appropriations of the House, shall have the same effect with respect to the allocation of funds and implementation of divisions A through C of this Act as if it were a joint explanatory statement of a committee of conference. SEC. 5. Statement of appropriations. The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2026. DIVISION A—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026 TITLE I DEPARTMENT OF COMMERCE International Trade Administration operations and administration For necessary expenses for international trade activities of the Department of Commerce provided for by law, to carry out activities associated with facilitating, attracting, and retaining business investment in the United States, to carry out activities associated with title VI of Title IIB of the Consolidated Appropriations Act, 2023 (Public Law 117–328), and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to section 40118 of title 49, United States Code; employment of citizens of the United States and aliens by contract for services; recognizing contributions to export expansion pursuant to Executive Order 10978; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $65,000 per vehicle; not to exceed $350,000 for purchase of armored vehicles without regard to the general purchase price limitations; obtaining insurance on official motor vehicles; and rental of tie lines, $582,000,000, of which $94,000,000 shall remain available until September 30, 2027: Provided, That $20,000,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of title 31, United States Code: Provided further, That, of amounts provided under this heading, not less than $16,400,000 shall be for China antidumping and countervailing duty enforcement and compliance activities: Provided further, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities. Bureau Of Industry And Security operations and administration For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of citizens of the United States and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $13,500 for official representation expenses abroad; awards of compensation to informers under the Export Control Reform Act of 2018 (subtitle B of title XVII of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; Public Law 115–232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law, $235,000,000, of which $94,000,000 shall remain available until expended: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments. Economic Development Administration economic development assistance programs For economic development assistance as provided by the Public Works and Economic Development Act of 1965, including provision of assistance under section 207(b) of such Act, for trade adjustment assistance, and for programs authorized by the Stevenson-Wydler Technology Innovation Act of 1980, as amended, $400,000,000 to remain available until expended, which shall be for the purposes and in the amounts specified in the table titled “Economic Development Assistance Programs” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). salaries and expenses For necessary expenses of administering the economic development assistance programs as provided for by law, $66,000,000: Provided, That funds provided under this heading may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976; title II of the Trade Act of 1974; sections 27 through 30 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722–3723), as amended; and the Community Emergency Drought Relief Act of 1977. Economic And Statistical Analysis salaries and expenses For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $118,000,000, to remain available until September 30, 2027. Bureau Of The Census current surveys and programs For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $318,500,000: Provided, That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities. periodic censuses and programs For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics for periodic censuses and programs provided for by law, $1,171,849,000, to remain available until September 30, 2027: Provided, That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities. National Telecommunications And Information Administration salaries and expenses For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $50,000,000, to remain available until September 30, 2027: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended. facilities management and construction For necessary expenses for the design, construction, alteration, improvement, maintenance, and repair of buildings and facilities managed by the National Telecommunications and Information Administration, not otherwise provided for, $1,000,000, to remain available until expended. United States Patent And Trademark Office salaries and expenses (including transfers of funds) For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $4,956,000,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges assessed and collected by the USPTO under any law are received during fiscal year 2026, so as to result in a fiscal year 2026 appropriation from the general fund estimated at $0: Provided further, That during fiscal year 2026, should the total amount of such offsetting collections be less than $4,956,000,000, this amount shall be reduced accordingly: Provided further, That any amount received in excess of $4,956,000,000 in fiscal year 2026 and deposited in the Patent and Trademark Fee Reserve Fund shall remain available until expended: Provided further, That the Director of USPTO shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That any amounts reprogrammed in accordance with the preceding proviso shall be transferred to the United States Patent and Trademark Office “Salaries and Expenses” account: Provided further, That the budget of the President submitted for fiscal year 2027 under section 1105 of title 31, United States Code, shall include within amounts provided under this heading for necessary expenses of the USPTO any increases that are expected to result from an increase promulgated through rule or regulation in offsetting collections of fees and surcharges assessed and collected by the USPTO under any law in either fiscal year 2026 or fiscal year 2027: Provided further, That from amounts provided herein, not to exceed $13,500 shall be made available in fiscal year 2026 for official reception and representation expenses: Provided further, That in fiscal year 2026 from the amounts made available for “Salaries and Expenses” for the USPTO, the amounts necessary to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO's specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO's specific use of post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB Fund, as appropriate, and shall be available for the authorized purposes of those accounts: Provided further, That any differences between the present value factors published in OPM's yearly 300 series benefit letters and the factors that OPM provides for USPTO's specific use shall be recognized as an imputed cost on USPTO's financial statements, where applicable: Provided further, That, notwithstanding any other provision of law, all fees and surcharges assessed and collected by USPTO are available for USPTO only pursuant to section 42(c) of title 35, United States Code, as amended by section 22 of the Leahy-Smith America Invents Act (Public Law 112–29): Provided further, That within the amounts appropriated, $2,450,000 shall be transferred to the “Office of Inspector General” account for activities associated with carrying out investigations and audits related to the USPTO. National Institute Of Standards And Technology scientific and technical research and services (including transfer of funds) For necessary expenses of the National Institute of Standards and Technology (NIST), $1,249,239,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the “Working Capital Fund”: Provided, That of the amounts appropriated under this heading, $405,331,366 shall be made available for the NIST—STRS projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose: Provided further, That not to exceed $5,000 shall be for official reception and representation expenses: Provided further, That NIST may provide local transportation for summer undergraduate research fellowship program participants. industrial technology services For necessary expenses for industrial technology services, $212,000,000, to remain available until expended, of which $175,000,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $37,000,000 shall be for the Manufacturing USA Program. construction of research facilities For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act (15 U.S.C. 278c–278e), $385,897,000, to remain available until expended: Provided, That of the amounts appropriated under this heading, $257,897,000 shall be made available for the NIST—Construction projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That up to one percent of amounts made available for the projects referenced in the preceding proviso may be used for the administrative costs of such projects: Provided further, That the Director of the National Institute of Standards and Technology shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall include in the budget justification materials for fiscal year 2027 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000, and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years. National Oceanic And Atmospheric Administration operations, research, and facilities (including transfer of funds) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration (NOAA), including maintenance, operation, and hire of aircraft and vessels; pilot programs for State-led fisheries management, notwithstanding any other provision of law; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $4,540,392,000, to remain available until September 30, 2027: Provided, That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, United States Code: Provided further, That in addition, $399,644,000 shall be derived by transfer from the fund entitled “Promote and Develop Fishery Products and Research Pertaining to American Fisheries”, which shall only be used for fishery activities related to the Saltonstall-Kennedy Grant Program; Fisheries Data Collections, Surveys, and Assessments; Observers and Training; Fisheries Management Programs and Services; and Interjurisdictional Fisheries Grants: Provided further, That in addition $28,000,000 is derived from recoveries of prior year obligations: Provided further, That of the amounts provided under this heading, including the amounts in the clause preceding the first proviso and in the second and third provisos, $4,862,168,110 shall be for the purposes and in the amounts specified in the tables under this heading in the explanatory statement described in section 4 (in the matter preceding Title I of this Act): Provided further, That of the amounts provided under this heading, including the amounts in the clause preceding the first proviso and in the second and third provisos, $105,867,890 shall be made available for the NOAA—CZM and NOAA—ORF projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose: Provided further, That not to exceed $71,299,000 shall be for payment to the “Department of Commerce Working Capital Fund”: Provided further, That any use of deobligated balances of funds provided under this heading in previous years shall be subject to the procedures set forth in section 505 of this Act: Provided further, That in addition, for necessary retired pay expenses under the Retired Serviceman's Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such sums as may be necessary. procurement, acquisition and construction For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,576,899,000, to remain available until September 30, 2028, except that funds provided for acquisition and construction of satellites, vessels, aircraft, and construction of facilities shall remain available until expended: Provided, That in addition $13,000,000 is provided from recoveries of prior year obligations: Provided further, That the amounts provided under this heading, including the amounts in the clause preceding the first proviso and in the first proviso, shall be for the purposes and in the amounts specified in the tables under this heading in the explanatory statement described in section 4 (in the matter preceding Title I of this Act): Provided further, That any use of deobligated balances of funds provided under this heading in previous years shall be subject to the procedures set forth in section 505 of this Act: Provided further, That the Secretary of Commerce shall include in budget justification materials for fiscal year 2027 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years. pacific coastal salmon recovery For necessary expenses associated with the restoration of Pacific salmon populations, $65,000,000, to remain available until September 30, 2027: Provided, That, of the funds provided herein, the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the federally recognized Tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, for maintaining populations necessary for exercise of Tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further, That all funds shall be allocated based on scientific and other merit principles and shall not be available for marketing activities: Provided further, That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds. fisheries disaster assistance For necessary expenses of administering the fishery disaster assistance programs authorized by the Magnuson-Stevens Fishery Conservation and Management Act (Public Law 94–265) and the Interjurisdictional Fisheries Act (title III of Public Law 99–659), $300,000. fishermen's contingency fund For carrying out the provisions of title IV of Public Law 95–372, not to exceed $349,000, to be derived from receipts collected pursuant to that Act, to remain available until expended. fisheries finance program account Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2026, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and not to exceed $150,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936. recreational quota entity fund For carrying out the provisions of section 106 of the Driftnet Modernization and Bycatch Reduction Act (title I of division S of the Consolidated Appropriations Act, 2023 (Public Law 117–328)), the National Oceanic and Atmospheric Administration may assess and collect fees pursuant to such section, which shall be credited to this account, to remain available until expended, for the purposes specified in subsection (b) of such section, in addition to amounts otherwise available for such purposes. Departmental Management salaries and expenses For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representation, $92,500,000: Provided, That no employee of the Department of Commerce may be detailed or assigned from a bureau or office funded by this Act or any other Act to offices within the Office of the Secretary of the Department of Commerce for more than 180 days in a fiscal year unless the individual's employing bureau or office is fully reimbursed for the salary and expenses of the employee for the entire period of assignment using funds provided under this heading: Provided further, That amounts made available to the Department of Commerce in this or any prior Act may not be transferred pursuant to section 508 of this or any prior Act to the account funded under this heading, except in the case of extraordinary circumstances that threaten life or property. renovation and modernization For necessary expenses for the renovation and modernization of the Herbert C. Hoover Building, $1,142,000. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $48,000,000. General Provisions—department Of Commerce (including transfer of funds) Sec. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest. Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902). Sec. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce. Sec. 104. The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of Title II of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2026: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000. Sec. 105. Notwithstanding any other provision of law, the Secretary of Commerce may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services. Sec. 106. Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. Sec. 107. The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian Tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration. Sec. 108. The National Technical Information Service shall not charge any customer for a copy of any report or document generated by the Legislative Branch unless the Service has provided information to the customer on how an electronic copy of such report or document may be accessed and downloaded for free online. Should a customer still require the Service to provide a printed or digital copy of the report or document, the charge shall be limited to recovering the Service's cost of processing, reproducing, and delivering such report or document. Sec. 109. To carry out the responsibilities of the National Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land, services, equipment, personnel, and facilities provided by; and (3) receive and expend funds made available on a consensual basis from: a Federal agency, State or subdivision thereof, local government, Tribal government, Territory, or possession or any subdivisions thereof: Provided, That funds received for permitting and related regulatory activities pursuant to this section shall be deposited under the heading “National Oceanic and Atmospheric Administration—Operations, Research, and Facilities” and shall remain available until September 30, 2027, for such purposes: Provided further, That all funds within this section and their corresponding uses are subject to section 505 of this Act. Sec. 110. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided for programs of the Bureau of Economic Analysis and the Bureau of the Census, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or local governmental unit, or institution of higher education, to aid and promote statistical, research, and methodology activities which further the purposes for which such amounts have been made available. Sec. 111. The Secretary of Commerce, or the designee of the Secretary, may waive up to 50 percent of the cost sharing requirements under section 315, of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461) as necessary at the request of the grant applicant, for amounts made available under this Act under the heading “Procurement, Acquisition and Construction” under the heading “National Oceanic and Atmospheric Administration”. Sec. 112. Any unobligated balances of expired discretionary funds transferred to the Department of Commerce Nonrecurring Expenses Fund, as authorized by section 111 of title I of Title II of Public Law 116–93, may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 30 days in advance of the planned use of funds. Sec. 113. The Administrator of the National Oceanic and Atmospheric Administration, in consultation with the employees of the National Weather Service and non-governmental experts in personnel management, may establish an alternative or fixed rate for relocation allowance, including permanent change of station allowance, notwithstanding the provisions of 5 U.S.C. 5724 and the regulations prescribed under 5 U.S.C. 5738. Sec. 114. The National Weather Service shall maintain staffing levels in order to fulfill the mission required under 15 U.S.C. 313 to protect life and property to the maximum extent possible. This title may be cited as the “Department of Commerce Appropriations Act, 2026”. TITLE II DEPARTMENT OF JUSTICE Justice Operations, Management, And Accountability salaries and expenses For expenses necessary for the operations, management, and accountability of the Department of Justice, $140,000,000, of which not to exceed $4,000,000 shall remain available until September 30, 2027, and of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended. justice information sharing technology (including transfer of funds) For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $38,460,000, to remain available until expended: Provided, That the Attorney General may transfer up to $40,000,000 to this account, from funds available to the Department of Justice for information technology, to remain available until expended, for enterprise-wide information technology initiatives: Provided further, That the transfer authority in the preceding proviso is in addition to any other transfer authority contained in this Act: Provided further, That any transfer pursuant to the first proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Executive Office For Immigration Review (including transfer of funds) For expenses necessary for the administration of immigration-related activities of the Executive Office for Immigration Review, $800,000,000, of which $10,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the “Immigration Examinations Fee” account, and of which not less than $27,500,000 shall be available for services and activities provided by the Legal Orientation Program: Provided, That not to exceed $50,000,000 of the total amount made available under this heading shall remain available until September 30, 2030, for build-out and modifications of courtroom space. Office Of Inspector General For necessary expenses of the Office of Inspector General, $139,000,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character: Provided, That not to exceed $4,000,000 shall remain available until September 30, 2027. United States Parole Commission salaries and expenses For necessary expenses of the United States Parole Commission as authorized, $13,000,000: Provided, That, notwithstanding any other provision of law, upon the expiration of a term of office of a Commissioner, the Commissioner may continue to act until a successor has been appointed. Legal Activities salaries and expenses, general legal activities (including transfer of funds) For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; the administration of pardon and clemency petitions; and rent of private or Government-owned space in the District of Columbia, $900,000,000, of which not to exceed $50,000,000 for litigation support contracts and information technology projects, including cybersecurity and hardening of critical networks, shall remain available until expended: Provided, That of the total amount appropriated, not to exceed $9,000 shall be available to the Criminal Division for official reception and representation expenses: Provided further, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to “Salaries and Expenses, General Legal Activities” from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That of the amount appropriated, such sums as may be necessary shall be available to the Civil Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel Management for such salaries and expenses: Provided further, That of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended: Provided further, That any funds provided under this heading in prior year appropriations Acts that remain available to the Civil Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) may also be used to carry out any authorized purposes of the Civil Rights Division: Provided further, That amounts repurposed by the preceding proviso may not be used to increase the number of permanent positions. In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, $22,700,000, to be appropriated from the Vaccine Injury Compensation Trust Fund and to remain available until expended. salaries and expenses, antitrust division For expenses necessary for the enforcement of antitrust and kindred laws, $245,000,000, to remain available until expended, of which not to exceed $5,000 shall be available for official reception and representation expenses: Provided, That notwithstanding any other provision of law, fees collected in fiscal year 2026 for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a) shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced (1) as such offsetting collections are received during fiscal year 2026 and (2) to the extent that any remaining general fund appropriations can be derived from amounts credited to this account as offsetting collections in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2026 appropriation from the general fund estimated at $0: Provided further, That, notwithstanding section 605 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (15 U.S.C. 18a note), none of the funds credited to this account as offsetting collections in previous fiscal years that were unavailable for obligation as of September 30, 2025, shall become available for obligation except as provided in the preceding proviso: Provided further, That any premerger notification filing fees received in excess of $245,000,000 in fiscal year 2026 shall remain available until expended: Provided further, That the Attorney General shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. salaries and expenses, united states attorneys For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $2,621,000,000: Provided, That of the total amount appropriated, not to exceed $19,600 shall be available for official reception and representation expenses: Provided further, That not to exceed $40,000,000 shall remain available until expended: Provided further, That each United States Attorney shall establish or participate in a task force on human trafficking. united states trustee system fund For necessary expenses of the United States Trustee Program, as authorized, $205,000,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, deposits of discretionary offsetting collections to the United States Trustee System Fund and amounts herein appropriated shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, fees deposited into the Fund as discretionary offsetting collections pursuant to section 589a of title 28, United States Code (as limited by section 589a(f)(2) of title 28, United States Code), shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further, That to the extent that fees deposited into the Fund as discretionary offsetting collections in fiscal year 2026, net of amounts necessary to pay refunds due depositors, exceed $205,000,000, those excess amounts shall be available in this and future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2026, net of amounts necessary to pay refunds due depositors, (estimated at $205,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from amounts deposited in the Fund as discretionary offsetting collections in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2026 appropriation from the general fund estimated at $0. salaries and expenses, foreign claims settlement commission For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 of title 5, United States Code, $2,504,000. fees and expenses of witnesses For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $320,000,000, to remain available until expended, of which not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $35,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses: Provided, That amounts made available under this heading may not be transferred pursuant to section 205 of this Act. assets forfeiture fund For expenses authorized by subparagraphs (B), (F), and (G) of section 524(c)(1) of title 28, United States Code, $20,514,000, to be derived from the Department of Justice Assets Forfeiture Fund. United States Marshals Service salaries and expenses For necessary expenses of the United States Marshals Service, $1,702,000,000, of which not to exceed $20,000 shall be available for official reception and representation expenses, not to exceed $8,900 shall be available for INTERPOL Washington official reception and representation expenses, and not to exceed $25,000,000 shall remain available until expended: Provided, That the Director of INTERPOL Washington shall concurrently report to the Deputy Attorney General. construction For construction in space that is controlled, occupied, or utilized by the United States Marshals Service for prisoner holding and related support, $8,000,000, to remain available until expended. federal prisoner detention For necessary expenses related to United States prisoners in the custody of the United States Marshals Service as authorized by section 4013 of title 18, United States Code, $2,236,000,000, to remain available until expended: Provided, That not to exceed $20,000,000 shall be considered “funds appropriated for State and local law enforcement assistance” pursuant to section 4013(b) of title 18, United States Code: Provided further, That the United States Marshals Service shall be responsible for managing the Justice Prisoner and Air Transportation System. National Security Division salaries and expenses (including transfer of funds) For expenses necessary to carry out the activities of the National Security Division, $117,200,000, of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Interagency Law Enforcement interagency crime and drug enforcement For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking organizations, transnational organized crime, and money laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in transnational organized crime and drug trafficking, $300,000,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation: Provided further, That any amounts obligated from appropriations under this heading shall only be available for the same purposes for which the amounts were obligated in fiscal year 2024. Federal Bureau Of Investigation salaries and expenses For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States, $10,609,456,000, of which not to exceed $216,900,000 shall remain available until expended: Provided, That not to exceed $284,000 shall be available for official reception and representation expenses. construction For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities, and sites by purchase, or as otherwise authorized by law; conversion, modification, and extension of federally owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $15,000,000, to remain available until expended. Drug Enforcement Administration salaries and expenses For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of title 28, United States Code; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs, $2,580,340,000, of which not to exceed $75,000,000 shall remain available until expended and not to exceed $90,000 shall be available for official reception and representation expenses: Provided, That, notwithstanding section 3672 of Public Law 106–310, up to $10,000,000 may be used to reimburse States, units of local government, Indian Tribal Governments, other public entities, and multi-jurisdictional or regional consortia thereof for expenses incurred to clean up and safely dispose of substances associated with clandestine methamphetamine laboratories, conversion and extraction operations, tableting operations, or laboratories and processing operations for fentanyl and fentanyl-related substances which may present a danger to public health or the environment: Provided further, That none of the funds made available by this Act or any prior Department of Justice Appropriations Act shall be available to restart the illicit crop imagery program. Bureau Of Alcohol, Tobacco, Firearms And Explosives salaries and expenses For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,585,000,000, of which not to exceed $36,000 shall be for official reception and representation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by section 924(d)(2) of title 18, United States Code, and not to exceed $25,000,000 shall remain available until expended: Provided, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments. Federal Prison System salaries and expenses (including transfer of funds) For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $8,100,000,000: Provided, That not less than $409,483,000 shall be for the programs and activities authorized by the First Step Act of 2018 (Public Law 115–391), of which not less than 2 percent shall be transferred to and merged with the appropriation for “Research, Evaluation and Statistics” for the National Institute of Justice to carry out evaluations of programs and activities related to the First Step Act of 2018: Provided further, That the Attorney General may transfer to the Department of Health and Human Services such amounts as may be necessary for direct expenditures by that Department for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $5,400 shall be available for official reception and representation expenses: Provided further, That not to exceed $50,000,000 shall remain available until expended for necessary operations: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses: Provided further, That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past, notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities: Provided further, That amounts made available under this heading for programs and activities related to the First Step Act of 2018 may not be transferred, or otherwise made available, to or for administration by the Department of Labor. buildings and facilities For planning, acquisition of sites, and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $279,762,000, to remain available until expended, of which $150,000,000 shall be available only for costs related to construction of new facilities: Provided, That labor of United States prisoners may be used for work performed under this appropriation. federal prison industries, incorporated The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for such corporation. limitation on administrative expenses, federal prison industries, incorporated Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated, shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, United States Code, to be computed on an accrual basis to be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. State And Local Law Enforcement Activities Office On Sexual Violence sexual violence prevention and prosecution programs (including transfers of funds) For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968, as amended (34 U.S.C. 10101 et seq.) (“the 1968 Act”); title II of the Civil Rights Act of 1968 (commonly known as the “Indian Civil Rights Act of 1968”) (Public Law 90–284, as amended) (“the Indian Civil Rights Act”); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322, as amended) (34 U.S.C. 12101 et seq.) (“the 1994 Act”); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (“the 1990 Act”); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108–21); the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.) (“the 1974 Act”); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386, as amended) (“the 2000 Act”); the Justice for All Act of 2004 (Public Law 108–405, as amended) (“the 2004 Act”); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162, as amended) (“the 2005 Act”); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (“the 2013 Act”); the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22) (“the 2015 Act”); the Abolish Human Trafficking Act (Public Law 115–392); and the Violence Against Women Act Reauthorization Act of 2022 (division W of Public Law 117–103) (“the 2022 Act”); and for related victims services, $120,000,000, to remain available until expended, of which $100,000,000 shall be derived by transfer from amounts available for obligation in this Act from the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101), notwithstanding section 1402(d) of such Act of 1984, and merged with the amounts otherwise made available under this heading: Provided, That except as otherwise provided by law, not to exceed 5 percent of funds made available under this heading may be used for expenses related to evaluation, training, and technical assistance: Provided further, That of the amount provided— (1) $257,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act, and any applicable increases for the amount of such grants, as authorized by section 5903 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023: Provided, That $10,000,000 shall be for any such increases under such section 5903, which shall apply to fiscal year 2026 grants funded by amounts provided in this paragraph; (2) $51,000,000 is for transitional housing assistance grants for victims of domestic violence, dating violence, stalking, or sexual assault as authorized by section 40299 of the 1994 Act; (3) $2,500,000 is for the National Institute of Justice and the Bureau of Justice Statistics for research, evaluation, and statistics of violence against women and related issues addressed by grant programs of the Office on Violence Against Women, which shall be transferred to “Research, Evaluation and Statistics” for administration by the Office of Justice Programs; (4) $17,000,000 is for a grant program to provide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; assistance to middle and high school students through education and other services related to such violence; and programs to engage men and youth in preventing domestic violence, dating violence, sexual assault, and stalking: Provided, That unobligated balances available for the programs authorized by sections 41201, 41204, 41303, and 41305 of the 1994 Act, prior to its amendment by the 2013 Act, shall be available for this program: Provided further, That 10 percent of the total amount available for this grant program shall be available for grants under the program authorized by section 2015 of the 1968 Act: Provided further, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this program; (5) $60,500,000 is for grants to improve the criminal justice response as authorized by part U of title I of the 1968 Act, of which up to $4,000,000 is for a homicide reduction initiative; up to $2,000,000 is for a domestic violence lethality reduction initiative; and up to $5,000,000 is for an initiative to promote effective policing and prosecution responses to domestic violence, dating violence, sexual assault, and stalking, including evaluation of the effectiveness of funded interventions (“Policing and Prosecution Initiative”); (6) $79,500,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act; (7) $50,500,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act; (8) $25,000,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act, of which $12,500,000 is for grants to Historically Black Colleges and Universities, Hispanic-Serving Institutions, and Tribal colleges and universities; (9) $55,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; (10) $9,000,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40801 of the 1994 Act; (11) $21,000,000 is for grants to support families in the justice system, as authorized by section 1301 of the 2000 Act: Provided, That unobligated balances available for the programs authorized by section 1301 of the 2000 Act and section 41002 of the 1994 Act, prior to their amendment by the 2013 Act, shall be available for this program; (12) $11,500,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; (13) $1,000,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; (14) $2,000,000 is for analysis and research on violence among and against Indians, including as authorized by section 904 of the 2005 Act: Provided, That such funds may be transferred to “Research, Evaluation and Statistics” for administration by the Office of Justice Programs; (15) $500,000 is for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women; (16) $14,500,000 is for programs to assist Tribal Governments in exercising special Tribal criminal jurisdiction, as authorized by section 204 of the Indian Civil Rights Act: Provided, That the grant conditions in section 40002(b) of the 1994 Act shall apply to grants made; (17) $1,500,000 is for the purposes authorized under the 2015 Act; (18) $14,000,000 is for a grant program as authorized by section 41801 of the 1994 Act: Provided, That the definitions and grant conditions in section 109 of the 2022 Act shall apply to this program; (19) $10,000,000 is for culturally specific services for victims, as authorized by section 121 of the 2005 Act; (20) $4,500,000 is for an initiative to support cross-designation of tribal prosecutors as Tribal Special Assistant United States Attorneys: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative; (21) $1,000,000 is for an initiative to support victims of domestic violence, dating violence, sexual assault, and stalking, including through the provision of technical assistance, as authorized by section 206 of the 2022 Act: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative; (22) $2,000,000 is for a National Deaf Services Line to provide services to Deaf victims of domestic violence, dating violence, sexual assault, and stalking: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this service line; (23) $4,500,000 is for grants for outreach and services to underserved populations, as authorized by section 120 of the 2005 Act; (24) $3,000,000 is for an initiative to provide financial assistance to victims, including evaluation of the effectiveness of funded projects: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative; (25) $5,000,000 is for trauma-informed, victim-centered training for law enforcement, and related research and evaluation activities, as authorized by section 41701 of the 1994 Act; (26) $12,000,000 is for grants to support access to sexual assault nurse examinations, as authorized by section 304 of title III of the 2004 Act: Provided, That the grant conditions in section 40002 of the 1994 Act shall apply to this program; (27) $5,000,000 is for local law enforcement grants for prevention, enforcement, and prosecution of cybercrimes against individuals, as authorized by section 1401 of the 2022 Act, and for a National Resource Center on Cybercrimes Against Individuals, as authorized by section 1402 of the 2022 Act: Provided, That the grant conditions in section 40002 of the 1994 Act shall apply to this paragraph; and (28) that the Office on Violence Against Women shall be renamed the Office on Sexual Violence. Office Of Justice Programs research, evaluation and statistics For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968 (“title I of the 1968 Act”) (Public Law 90–351); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (“the 1994 Act”); the Juvenile Justice and Delinquency Prevention Act of 1974 (“the 1974 Act”) (Public Law 93–415); the Missing Children's Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108–21) (“the PROTECT Act”); the Justice for All Act of 2004 (Public Law 108–405); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (“the 2005 Act”); the Victims of Child Abuse Act of 1990 (title II of Public Law 101–647); the Second Chance Act of 2007 (Public Law 110–199); the Victims of Crime Act of 1984 (chapter XIV of title II of Public Law 98–473); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) (“the Adam Walsh Act”); the PROTECT Our Children Act of 2008 (Public Law 110–401); subtitle C of title II of the Homeland Security Act of 2002 (Public Law 107–296) (“the 2002 Act”); the Prison Rape Elimination Act of 2003 (Public Law 108–79) (“PREA”); the NICS Improvement Amendments Act of 2007 (Public Law 110–180); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (“the 2013 Act”); the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198); the First Step Act of 2018 (Public Law 115–391); and other programs, $55,000,000, to remain available until expended, of which— (1) $33,000,000 is for criminal justice statistics programs and other activities as authorized by part C of title I of the 1968 Act; and (2) $22,000,000 is for research, development, and evaluation programs, and other activities as authorized by part B of title I of the 1968 Act and subtitle C of title II of the 2002 Act, and for activities authorized by or consistent with the First Step Act of 2018. state and local law enforcement assistance (including transfer of funds) For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (“the 1994 Act”); the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90–351) (“the 1968 Act”); the Justice for All Act of 2004 (Public Law 108–405); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (“the 1990 Act”); the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164) (“the TVPRA of 2005”); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (“the 2005 Act”); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) (“the Adam Walsh Act”); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386) (“the Victims of Trafficking Act”); the NICS Improvement Amendments Act of 2007 (Public Law 110–180); subtitle C of title II of the Homeland Security Act of 2002 (Public Law 107–296) (“the 2002 Act”); the Prison Rape Elimination Act of 2003 (Public Law 108–79) (“PREA”); the Second Chance Act of 2007 (Public Law 110–199); the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (Public Law 110–403); the Victims of Crime Act of 1984 (Public Law 98–473); the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (Public Law 110–416); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (“the 2013 Act”); the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198) (“CARA”); the Justice for All Reauthorization Act of 2016 (Public Law 114–324); Kevin and Avonte’s Law (division Q of Public Law 115–141) (“Kevin and Avonte’s Law”); the Keep Young Athletes Safe Act of 2018 (title III of division S of Public Law 115–141) (“the Keep Young Athletes Safe Act”); the STOP School Violence Act of 2018 (title V of division S of Public Law 115–141) (“the STOP School Violence Act”); the Fix NICS Act of 2018 (title VI of division S of Public Law 115–141); the Project Safe Neighborhoods Grant Program Authorization Act of 2018 (Public Law 115–185); the SUPPORT for Patients and Communities Act (Public Law 115–271); the Second Chance Reauthorization Act of 2018 (Public Law 115–391); the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (Public Law 111–84); the Ashanti Alert Act of 2018 (Public Law 115–401); the Missing Persons and Unidentified Remains Act of 2019 (Public Law 116–277); the Jabara-Heyer NO HATE Act (34 U.S.C. 30507); the Violence Against Women Act Reauthorization Act of 2022 (division W of Public Law 117–103) (“the 2022 Act”); the Daniel Anderl Judicial Security and Privacy Act of 2022 (Public Law 117–263); and other programs, $2,400,000,000, to remain available until expended as follows— (1) $964,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of title I of the 1968 Act shall not apply for purposes of this Act), of which, notwithstanding such subpart 1— (A) $12,500,000 is for an Officer Robert Wilson III memorial initiative on Preventing Violence Against Law Enforcement and Ensuring Officer Resilience and Survivability (VALOR); (B) $3,000,000 is for the operation, maintenance, and expansion of the National Missing and Unidentified Persons System; (C) $6,000,000 is for a grant program for State and local law enforcement to provide officer training on responding to individuals with mental illness or disabilities, including for purposes described in the Law Enforcement De-Escalation Training Act of 2022 (Public Law 117–325); (D) $2,500,000 is for a student loan repayment assistance program pursuant to section 952 of Public Law 110–315; (E) $15,000,000 is for prison rape prevention and prosecution grants to States and units of local government, and other programs, as authorized by PREA; (F) $2,500,000 is for the Missing Americans Alert Program (title XXIV of the 1994 Act), as amended by Kevin and Avonte's Law; (G) $13,000,000 is for grants authorized under the Project Safe Neighborhoods Grant Authorization Act of 2018 (Public Law 115–185); (H) $11,500,000 is for the Capital Litigation Improvement Grant Program, as authorized by section 426 of Public Law 108–405, and for grants for wrongful conviction review; (I) $3,000,000 is for the program specified in paragraph (1)(I) under the heading “State and Local Law Enforcement Assistance” in Title II of Public Law 117–328; (J) $1,000,000 is for the purposes of the Ashanti Alert Communications Network as authorized under the Ashanti Alert Act of 2018 (Public Law 115–401); (K) $2,750,000 is for a grant program to replicate and support family-based alternative sentencing programs; (L) $3,000,000 is for a rural violent crime initiative, including assistance for law enforcement; (M) $3,000,000 is for grants authorized under the Missing Persons and Unidentified Remains Act of 2019 (Public Law 116–277); (N) $1,000,000 is for the purposes authorized under section 1506 of the 2022 Act; and (O) $537,978,926 is for discretionary grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation), which shall be made available for the OJP—Byrne projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That such amounts may not be transferred for any other purpose; (2) $202,500,000 for the State Criminal Alien Assistance Program, as authorized by section 241(I)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(I)(5)): Provided, That no jurisdiction shall request compensation for any cost greater than the actual cost for Federal immigration and other detainees housed in State and local detention facilities; (3) $83,500,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of the Victims of Trafficking Act, by the TVPRA of 2005, or programs authorized under Public Law 113–4; (4) $7,500,000 for a grant program to prevent and address economic, high technology, white collar, and Internet crime, including as authorized by section 401 of Public Law 110–403, of which not less than $2,500,000 is for intellectual property enforcement grants including as authorized by section 401, and $2,000,000 is for grants to develop databases on Internet of Things device capabilities and to build and execute training modules for law enforcement; (5) $19,000,000 for sex offender management assistance, as authorized by the Adam Walsh Act, and related activities, of which $1,000,000 is for the National Sex Offender Public Website; (6) $30,000,000 for the Patrick Leahy Bulletproof Vest Partnership Grant Program, as authorized by section 2501 of title I of the 1968 Act: Provided, That $1,500,000 shall be transferred directly to the National Institute of Standards and Technology’s Office of Law Enforcement Standards for research, testing, and evaluation programs; (7) $83,000,000 for grants to States to upgrade criminal and mental health records for the National Instant Criminal Background Check System, of which no less than $24,000,000 shall be for grants made under the authorities of the NICS Improvement Amendments Act of 2007 (Public Law 110–180) and Fix NICS Act of 2018; (8) $32,500,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act; (9) $138,000,000 for DNA-related and forensic programs and activities, of which— (A) $115,000,000 is for the purposes authorized under section 2 of the DNA Analysis Backlog Elimination Act of 2000 (Public Law 106–546) (the Debbie Smith DNA Backlog Grant Program): Provided, That up to 4 percent of funds made available under this paragraph may be used for the purposes described in the DNA Training and Education for Law Enforcement, Correctional Personnel, and Court Officers program (Public Law 108–405, section 303); (B) $6,000,000 is for other local, State, and Federal forensic activities; (C) $13,000,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program (Public Law 108–405, section 412); and (D) $4,000,000 is for Sexual Assault Forensic Exam Program grants, including as authorized by section 304 of Public Law 108–405; (10) $50,000,000 for community-based grant programs to improve the response to sexual assault, including assistance for investigation and prosecution of related cold cases; (11) $14,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act; (12) $48,000,000 for assistance to Indian Tribes; (13) $111,000,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 (Public Law 110–199) and by the Second Chance Reauthorization Act of 2018 (Public Law 115–391), without regard to the time limitations specified at section 6(1) of such Act, of which not to exceed— (A) $8,000,000 is for a program to improve State, local, and Tribal probation or parole supervision efforts and strategies; (B) $5,000,000 is for children of incarcerated parents demonstration programs to enhance and maintain parental and family relationships for incarcerated parents as a reentry or recidivism reduction strategy; (C) $5,000,000 is for additional replication sites employing the Project HOPE Opportunity Probation with Enforcement model implementing swift and certain sanctions in probation, of which no less than $500,000 shall be used for a project that provides training, technical assistance, and best practices; and (D) $10,000,000 is for a grant program for crisis stabilization and community reentry, as authorized by the Crisis Stabilization and Community Reentry Act of 2020 (Public Law 116–281): Provided, That up to $7,500,000 of funds made available in this paragraph may be used for performance-based awards for Pay for Success projects, of which up to $5,000,000 shall be for Pay for Success programs implementing the Permanent Supportive Housing Model and reentry housing; (14) $403,000,000 for comprehensive opioid use reduction activities, including as authorized by CARA, and for the following programs, which shall address opioid, stimulant, and substance use disorders consistent with underlying program authorities, of which— (A) $86,000,000 is for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act; (B) $35,000,000 is for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (Public Law 110–416); (C) $30,000,000 is for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act; (D) $32,000,000 is for a veterans treatment courts program, of which $4,000,000 is for a national center for veterans justice; (E) $35,000,000 is for a program to monitor prescription drugs and scheduled listed chemical products; and (F) $185,000,000 is for a comprehensive opioid, stimulant, and substance use disorder program; (15) $2,500,000 for a competitive grant program authorized by the Keep Young Athletes Safe Act; (16) $82,000,000 for grants to be administered by the Bureau of Justice Assistance for purposes authorized under the STOP School Violence Act; (17) $3,000,000 for grants to State and local law enforcement agencies for the expenses associated with the investigation and prosecution of criminal offenses involving civil rights, as authorized by the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (Public Law 114–325); (18) $17,000,000 for grants to State, local, and Tribal law enforcement agencies to conduct educational outreach and training on hate crimes and to investigate and prosecute hate crimes, as authorized by section 4704 of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (Public Law 111–84); (19) $9,000,000 for grants specified in paragraph (20) under the heading “State and Local Law Enforcement Assistance” in Title II of Public Law 117–328; (20) $9,000,000 for programs authorized under the Jabara-Heyer NO HATE Act (34 U.S.C. 30507); (21) $84,000,000 for initiatives to improve police-community relations, of which $15,000,000 is for a competitive matching grant program for purchases of body-worn cameras for State, local, and Tribal law enforcement; $19,000,000 is for a justice reinvestment initiative, for activities related to criminal justice reform and recidivism reduction; and $50,000,000 is for a community violence intervention and prevention initiative; and (22) $7,500,000 for a grant program as authorized by the Daniel Anderl Judicial Security and Privacy Act of 2022 (Public Law 117–263): Provided, That, if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public sector safety service: Provided further, That in the spending plan submitted pursuant to section 528 of this Act, the Office of Justice Programs shall specifically and explicitly identify all changes in the administration of competitive grant programs for fiscal year 2026, including changes to applicant eligibility, priority areas or weightings, and the application review process. juvenile justice programs For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 (Public Law 93–415) (“the 1974 Act”); title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90–351) (“the 1968 Act”); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (“the 2005 Act”); the Missing Children's Assistance Act (34 U.S.C. 11291 et seq.); the PROTECT Act (Public Law 108–21); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (“the 1990 Act”); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) (“the Adam Walsh Act”); the PROTECT Our Children Act of 2008 (Public Law 110–401) (“the 2008 Act”); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (“the 2013 Act”); the Justice for All Reauthorization Act of 2016 (Public Law 114–324); the Missing Children’s Assistance Act of 2018 (Public Law 115–267); the Juvenile Justice Reform Act of 2018 (Public Law 115–385); the Victims of Crime Act of 1984 (chapter XIV of title II of Public Law 98–473) (“the 1984 Act”); the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198); and other juvenile justice programs, $375,000,000, to remain available until expended as follows— (1) $65,000,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, nonprofit organizations with the Federal grants process: Provided, That of the amounts provided under this paragraph, $500,000 shall be for a competitive demonstration grant program to support emergency planning among State, local, and Tribal juvenile justice residential facilities; (2) $105,000,000 for youth mentoring grants; (3) $50,500,000 for delinquency prevention, of which, pursuant to sections 261 and 262 of the 1974 Act— (A) $4,000,000 shall be for grants to prevent trafficking of girls; (B) $16,000,000 shall be for the Tribal Youth Program; (C) $4,500,000 shall be for competitive grants focusing on girls in the juvenile justice system; (D) $10,500,000 shall be for an initiative relating to youth affected by opioids, stimulants, and substance use disorder; (E) $9,000,000 shall be for an initiative relating to children exposed to violence; and (F) $2,000,000 shall be for the Arts in Juvenile Justice Demonstration Program; (4) $43,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; (5) $105,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act (except that section 102(b)(4)(B) of the 2008 Act (Public Law 110–401) shall not apply for purposes of this Act); (6) $4,500,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; and (7) $2,000,000 for a program to improve juvenile indigent defense: Provided, That not more than 10 percent of each amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized: Provided further, That not more than 2 percent of the amounts designated under paragraphs (1) through (3) and (6) may be used for training and technical assistance: Provided further, That the two preceding provisos shall not apply to grants and projects administered pursuant to sections 261 and 262 of the 1974 Act and to missing and exploited children programs. public safety officer benefits (including transfer of funds) For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $34,800,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for such disability and education payments, the Attorney General may transfer such amounts to “Public Safety Officer Benefits” from available appropriations for the Department of Justice as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Community Oriented Policing Services community oriented policing services programs (including transfer of funds) For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus Crime Control and Safe Streets Act of 1968 (“the 1968 Act”); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (“the 2005 Act”); the American Law Enforcement Heroes Act of 2017 (Public Law 115–37); the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115–113) (“the LEMHW Act”); the SUPPORT for Patients and Communities Act (Public Law 115–271); the Supporting and Treating Officers In Crisis Act of 2019 (Public Law 116–32) (“the STOIC Act”); and the Law Enforcement De-Escalation Training Act of 2022 (Public Law 117–325), $800,000,000, to remain available until expended: Provided, That any balances made available through prior year deobligations shall only be available in accordance with section 505 of this Act: Provided further, That of the amount provided under this heading— (1) $253,093,613 is for grants under section 1701 of title I of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of additional career law enforcement officers under part Q of such title notwithstanding subsection (i) of such section: Provided, That, notwithstanding section 1704(c) of such title (34 U.S.C. 10384(c)), funding for hiring or rehiring a career law enforcement officer may not exceed $125,000 unless the Director of the Office of Community Oriented Policing Services grants a waiver from this limitation: Provided further, That of the amounts appropriated under this paragraph, $32,000,000 is for improving Tribal law enforcement, including hiring, equipment, training, anti-methamphetamine activities, and anti-opioid activities: Provided further, That of the amounts appropriated under this paragraph, $44,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act, which shall be transferred to and merged with “Research, Evaluation, and Statistics” for administration by the Office of Justice Programs: Provided further, That of the amounts appropriated under this paragraph, no less than $4,000,000 is to support the Tribal Access Program: Provided further, That of the amounts appropriated under this paragraph, $10,000,000 is for training, peer mentoring, mental health program activities, and other support services as authorized under the LEMHW Act and the STOIC Act: Provided further, That of the amounts appropriated under this paragraph, $5,500,000 is for the collaborative reform model of technical assistance in furtherance of section 1701 of title I of the 1968 Act (34 U.S.C. 10381); (2) $11,500,000 is for activities authorized by the POLICE Act of 2016 (Public Law 114–199); (3) $13,500,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures: Provided, That funds appropriated under this paragraph shall be utilized for investigative purposes to locate or investigate illicit activities, including precursor diversion, laboratories, or methamphetamine traffickers; (4) $34,500,000 is for competitive grants to statewide law enforcement agencies in States with high rates of primary treatment admissions for heroin and other opioids: Provided, That these funds shall be utilized for investigative purposes to locate or investigate illicit activities, including activities related to the distribution of heroin or unlawful distribution of prescription opioids, or unlawful heroin and prescription opioid traffickers through statewide collaboration; (5) $53,000,000 is for competitive grants to be administered by the Community Oriented Policing Services Office for purposes authorized under the STOP School Violence Act (title V of division S of Public Law 115–141); (6) $18,000,000 is for community policing development activities in furtherance of section 1701 of title I of the 1968 Act (34 U.S.C. 10381); (7) $401,406,387 is for a law enforcement technologies and interoperable communications program, and related law enforcement and public safety equipment, which shall be made available for the COPS Tech projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That such amounts may not be transferred for any other purpose: Provided further, That grants funded by such amounts shall not be subject to section 1703 of title I of the 1968 Act (34 U.S.C. 10383); (8) $15,000,000 is for activities authorized by the Law Enforcement De-Escalation Training Act of 2022 (Public Law 117–325); (9) that no funds disbursed through this Act shall go to any jurisdiction which does not fully cooperate with United States federal law enforcement. General Provisions—department Of Justice (including transfers of funds) Sec. 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses. Sec. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. Sec. 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. Sec. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. Sec. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section: Provided further, That this section shall not apply to the following— (1) paragraph 1(O) under the heading “State and Local Law Enforcement Assistance”; and (2) paragraph (7) under the heading “Community Oriented Policing Services Programs”. Sec. 206. None of the funds made available under this title may be used by the Federal Bureau of Prisons or the United States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. Sec. 207. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. (b) Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs. Sec. 208. None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice. Sec. 209. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), and to any use of deobligated balances of funds provided under this title in previous years. Sec. 210. None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A–76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated. Sec. 211. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 of title 28, United States Code. Sec. 212. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings “Research, Evaluation and Statistics”, “State and Local Law Enforcement Assistance”, and “Juvenile Justice Programs”— (1) up to 2 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; and (2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to the authorizations for such grant or reimbursement programs. This section shall not apply to paragraph 1(O) under the heading “State and Local Law Enforcement Assistance”. Sec. 213. Upon request by a grantee for whom the Attorney General has determined there is a fiscal hardship, the Attorney General may, with respect to funds appropriated in this or any other Act making appropriations for fiscal years 2023 through 2026 for the following programs, waive the following requirements: (1) For the adult and juvenile offender State and local reentry demonstration projects under part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631 et seq.), the requirements under section 2976(g)(1) of such part (34 U.S.C. 10631(g)(1)). (2) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination Act of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section 6(c)(3) of such Act. Sec. 214. Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts made available by this or any other Act. Sec. 215. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. Sec. 216. (a) None of the income retained in the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation during fiscal year 2026, except up to $12,000,000 may be obligated for implementation of a unified Department of Justice financial management system. (b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation in fiscal year 2026, and any use, obligation, transfer, or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. (c) Not to exceed $10,000,000 of the excess unobligated balances available under section 524(c)(8)(E) of title 28, United States Code, shall be available for obligation during fiscal year 2026, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. Sec. 217. Discretionary funds that are made available in this Act for the Office of Justice Programs may be used to participate in Performance Partnership Pilots authorized under such authorities as have been enacted for Performance Partnership Pilots in appropriations acts in prior fiscal years and the current fiscal year. Sec. 218. The Attorney General shall submit to the Committees on Appropriations of the House of Representatives and the Senate quarterly reports on the Crime Victims Fund, the Working Capital Fund, the Three Percent Fund, and the Assets Forfeiture Fund. Such quarterly reports shall contain at least the same level of information and detail for each Fund as was provided to the Committees on Appropriations of the House of Representatives and the Senate in fiscal year 2024. Sec. 219. None of the funds made available under this Act may be used to conduct, contract for, or otherwise support, live tissue training, unless the Attorney General issues a written, non-delegable determination that such training is medically necessary and cannot be replicated by alternatives. Sec. 220. None of the funds made available by this Act may be used by the Department of Justice to target or investigate parents who peacefully protest at school board meetings and are not suspected of engaging in unlawful activity. Sec. 221. None of the funds made available by this Act may be used to investigate or prosecute religious institutions on the basis of their religious beliefs. Sec. 222. Any remaining unobligated balances from amounts originally made available under the heading “Federal Bureau of Investigation—Construction” in the Department of Justice Appropriations Act, 2016 (title II of Title II of Public Law 114–113) or in the Department of Justice Appropriations Act, 2017 (title II of Title II of Public Law 115–31) for the new Federal Bureau of Investigation consolidated headquarters facility in the National Capital Region that were subsequently reprogrammed pursuant to a notification received by the Committees on Appropriations from the Assistant Attorney General for Administration on July 1, 2025, may not be further obligated until the Federal Bureau of Investigation submits to the Committees on Appropriations of the House of Representatives and the Senate the contracted and completed architectural and engineering plan for the Federal Bureau of Investigation’s new headquarters building for review: Provided, That classified portions of the architectural and engineering plan shall be submitted through a classified annex. This title may be cited as the “Department of Justice Appropriations Act, 2026”. TITLE III SCIENCE Office Of Science And Technology Policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $7,965,000. National Aeronautics And Space Administration science For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $7,250,000,000, to remain available until September 30, 2027: Provided, That of the amount made available under this heading, the total amount specified in the table under this heading in the explanatory statement described in section 4 (in the matter preceding Title I of this Act) shall be for the purposes and in not less than the amount for each such purpose specified in such table. aeronautics For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $935,000,000, to remain available until September 30, 2027. space technology For necessary expenses, not otherwise provided for, in the conduct and support of space technology research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $920,500,000, to remain available until September 30, 2027. exploration For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $7,783,000,000, to remain available until September 30, 2027: Provided, That the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate, concurrent with the annual budget submission, a 5-year budget profile for an integrated system that includes the Space Launch System, the Orion Multi-Purpose Crew Vehicle, Human Landing System, and associated ground systems. space operations For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control, and communications activities, including operations, production, and services; maintenance and repair, facility planning and design; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $4,175,000,000, to remain available until September 30, 2027. science, technology, engineering, and mathematics engagement For necessary expenses, not otherwise provided for, in the conduct and support of aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $143,000,000, to remain available until September 30, 2027: Provided, That of the amount made available under this heading, the total amount specified in the table under this heading in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) shall be for the purposes and in not less than the amount for each such purpose specified in such table. safety, security and mission services For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,000,000,000, to remain available until September 30, 2027: Provided, That if available balances in the “Science, Space, and Technology Education Trust Fund” are not sufficient to provide for the grant disbursements required under the third and fourth provisos under such heading in the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1989 (Public Law 100–404) as amended by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995 (Public Law 103–327), up to $1,000,000 shall be available from amounts made available under this heading to make such grant disbursements: Provided further, That of the amounts appropriated under this heading, $58,417,135 shall be made available for the SSMS projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose. construction and environmental compliance and restoration For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $185,336,000, to remain available until September 30, 2031: Provided, That proceeds from leases deposited into this account shall be available for a period of 5 years to the extent and in amounts as provided in annual appropriations Acts: Provided further, That such proceeds referred to in the preceding proviso shall be available for obligation for fiscal year 2026 in an amount not to exceed $33,000,000: Provided further, That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 20145 of title 51, United States Code. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $46,500,000, of which $2,500,000 shall remain available until September 30, 2027. administrative provisions (including transfers of funds) Funds for any announced prize otherwise authorized shall remain available, without fiscal year limitation, until a prize is claimed or the offer is withdrawn. Not to exceed 10 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 20 percent by any such transfers. Any funds transferred to “Construction and Environmental Compliance and Restoration” for construction activities shall not increase that account by more than 20 percent. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. Not to exceed 5 percent of any appropriation provided for the National Aeronautics and Space Administration under previous appropriations Acts that remains available for obligation or expenditure in fiscal year 2026 may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this provision shall retain its original availability and shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The spending plan required by this Act shall be provided by the National Aeronautics and Space Administration at the theme, program, project, and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Not more than 20 percent or $50,000,000, whichever is less, of the amounts made available in the current-year Construction and Environmental Compliance and Restoration (CECR) appropriation may be applied to CECR projects funded under previous years’ CECR appropriations. Use of current-year funds under this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. Of the amounts made available in this Act under the heading “Science, Technology, Engineering, and Mathematics Engagement” (“STEM Engagement”), up to $5,000,000 shall be available to jointly fund, with an additional amount of up to $1,000,000 each from amounts made available in this Act under the headings “Science”, “Aeronautics”, “Space Technology”, “Exploration”, and “Space Operations”, projects and activities for engaging students in STEM and increasing STEM research capacities of universities, including Minority Serving Institutions. Not to exceed $38,500,000 made available for the current fiscal year in this Act within “Safety, Security and Mission Services” may be transferred to the Working Capital Fund of the National Aeronautics and Space Administration. Balances so transferred shall be available until expended only for activities described in section 30102(b)(3) of title 51, United States Code, as amended by this Act, and shall remain available until expended. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. There is hereby established in the Treasury of the United States a fund to be known as the “National Aeronautics and Space Administration Nonrecurring Expenses Fund” (the Fund). Unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the National Aeronautics and Space Administration (NASA) by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund. Amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for facilities infrastructure improvements, including nonrecurring maintenance, necessary for the operation of NASA, subject to approval by the Office of Management and Budget. Amounts in the Fund may not be available for the purpose described in subsection (b)(3) of section 30102 of title 51, United States Code. Amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 30 days in advance of the planned use of funds. National Science Foundation research and related activities For necessary expenses in carrying out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86–209 (42 U.S.C. 1880 et seq.); services as authorized by section 3109 of title 5, United States Code; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $7,176,500,000, to remain available until September 30, 2027: Provided, That of the amounts appropriated under this heading, not to exceed $700,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program: Provided further, That of the amounts in the preceding proviso, not less than $118,800,000 shall be for U.S. Antarctic Logistical Support: Provided further, That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation. major research equipment and facilities construction For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized travel, $251,000,000, to remain available until expended. stem education For necessary expenses in carrying out science, mathematics, and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including services as authorized by section 3109 of title 5, United States Code, authorized travel, and rental of conference rooms in the District of Columbia, $938,250,000, to remain available until September 30, 2027: Provided, That of the amount made available under this heading, the total amount specified in the table under this heading in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) shall be for the purposes and in not less than the amount for each such purpose specified in such table. agency operations and award management For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.); services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; rental of conference rooms in the District of Columbia; and reimbursement of the Department of Homeland Security for security guard services; $355,000,000: Provided, That not to exceed $12,000 is for official reception and representation expenses: Provided further, That contracts may be entered into under this heading in fiscal year 2026 for maintenance and operation of facilities and for other services to be provided during the next fiscal year. office of the national science board For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42 U.S.C. 1880 et seq.), $5,090,000: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses. office of inspector general For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $24,160,000, of which $1,500,000 shall remain available until September 30, 2027. administrative provisions (including transfer of funds) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The Director of the National Science Foundation (NSF) shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 30 days in advance of any planned divestment through transfer, decommissioning, termination, or deconstruction of any NSF-owned facilities or any NSF capital assets (including land, structures, and equipment) valued greater than $2,500,000. This title may be cited as the “Science Appropriations Act, 2026”. TITLE IV RELATED AGENCIES Commission On Civil Rights salaries and expenses For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $14,350,000: Provided, That none of the funds appropriated in this paragraph may be used to employ any individuals under Schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations exclusive of one special assistant for each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days: Provided further, That the Chair may accept and use any gift or donation to carry out the work of the Commission: Provided further, That none of the funds appropriated in this paragraph shall be used for any activity or expense that is not explicitly authorized by section 3 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a): Provided further, That notwithstanding the preceding proviso, $2,000,000 shall be used to separately fund the Commission on the Social Status of Black Men and Boys. Equal Employment Opportunity Commission salaries and expenses For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic Information Nondiscrimination Act (GINA) of 2008 (Public Law 110–233), the ADA Amendments Act of 2008 (Public Law 110–325), the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111–2), and Public Law 117–328, including services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; nonmonetary awards to private citizens; and up to $32,500,000 for payments to State and local enforcement agencies for authorized services to the Commission, $435,382,000, of which $2,788,000 shall be for the Office of the Inspector General: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,250 from available funds: Provided further, That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of the House of Representatives and the Senate have been notified of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the Chair may accept and use any gift or donation to carry out the work of the Commission. International Trade Commission salaries and expenses For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $2,250 for official reception and representation expenses, $122,000,000, to remain available until expended, of which not less than $2,096,176 shall be for the Office of Inspector General in carrying out the Inspector General Act of 1978 (5 U.S.C. 401 et seq.). Legal Services Corporation payment to the legal services corporation For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $540,000,000, of which $496,300,000 is for basic field programs and required independent audits; $6,000,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $26,200,000 is for management and grants oversight; $4,750,000 is for client self-help and information technology; $4,750,000 is for a Pro Bono Innovation Fund; and $2,000,000 is for loan repayment assistance: Provided, That the budget execution for the payment to the Legal Services Corporation shall be carried out in this fiscal year in the same manner as such budget execution was carried out in fiscal year 2024 and such payment shall be made in full as an annual installment paid to the Corporation at the beginning of the fiscal year in such amounts as specified under this heading: Provided further, That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC-based employees as authorized by section 5304 of title 5, United States Code, notwithstanding section 1005(d) of the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided further, That the authorities provided in section 205 of this Act shall be applicable to the Legal Services Corporation: Provided further, That, for the purposes of section 505 of this Act, the Legal Services Corporation shall be considered an agency of the United States Government. administrative provisions—legal services corporation None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2025 and 2026, respectively. Section 501 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119) is amended by adding the following new subsection at the end: “(d) Modified governing body requirement.—For purposes of this Act, section 1007(c) of the Legal Services Corporation Act (42 U.S.C. 2996f(c)) shall be applied by substituting ‘33 percent’ for ‘60 percent’.”. Section 502(2) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (Public Law 104–134) is amended by striking subparagraph (B) in its entirety and replacing it with the following: “(B) is governed by a board of directors or other governing body, 33 percent of which is comprised of attorneys who are members of the bar of a State, as defined in section 1002(8) of the Legal Services Corporation Act (42 U.S.C. 2996a(8)), in which the legal assistance is to be provided;”. Marine Mammal Commission salaries and expenses For necessary expenses of the Marine Mammal Commission as authorized by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), $4,300,000, to remain available until September 30, 2027. Office Of The United States Trade Representative salaries and expenses For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by section 3109 of title 5, United States Code, $65,000,000, of which $1,000,000 shall remain available until expended: Provided, That of the total amount made available under this heading, not to exceed $124,000 shall be available for official reception and representation expenses. trade enforcement trust fund (including transfer of funds) For activities of the United States Trade Representative authorized by section 611 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4405), including transfers, $23,000,000, to be derived from the Trade Enforcement Trust Fund: Provided, That any transfer pursuant to subsection (d)(1) of such section shall be treated as a reprogramming under section 505 of this Act. State Justice Institute salaries and expenses For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.) $7,640,000, of which $500,000 shall remain available until September 30, 2027: Provided, That not to exceed $2,250 shall be available for official reception and representation expenses: Provided further, That, for the purposes of section 505 of this Act, the State Justice Institute shall be considered an agency of the United States Government. TITLE V GENERAL PROVISIONS (including transfers and rescissions of funds) Sec. 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. Sec. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. Sec. 505. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2026, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs, or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects, or activities in excess of $500,000 or 5 percent, whichever is less, or reduces by 5 percent funding for any program, project, or activity, or numbers of personnel by 5 percent; (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 30 days in advance of such reprogramming of funds. Sec. 506. (a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. (b) (1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions. (2) The term “promotional items” has the meaning given the term in OMB Circular A–87, Attachment B, Item (1)(f)(3). Sec. 507. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation. (b) The report described in subsection (a) shall be submitted within 30 days of the end of each quarter. (c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled. Sec. 508. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care and protection of loan collateral or grant property. Sec. 509. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. Sec. 510. Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101) in any fiscal year in excess of $1,950,000,000 shall not be available for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available from the Fund for obligation: (1) $10,000,000 shall be transferred to the Department of Justice Office of Inspector General and remain available until expended for oversight and auditing purposes associated with this section; and (2) 5 percent shall be available to the Office for Victims of Crime for grants, consistent with the requirements of the Victims of Crime Act, to Indian Tribes to improve services for victims of crime. Sec. 511. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. Sec. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. Sec. 513. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed. (b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude— (1) any matter described in section 552(b) of title 5, United States Code; and (2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes. (c) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract. (d) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities. Sec. 514. (a) None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire a high-impact or moderate-impact information system, as defined for security categorization in the National Institute of Standards and Technology's (NIST) Federal Information Processing Standard Publication 199, “Standards for Security Categorization of Federal Information and Information Systems” unless the agency has— (1) reviewed the supply chain risk for the information systems against criteria developed by NIST and the Federal Bureau of Investigation (FBI) to inform acquisition decisions for high-impact and moderate-impact information systems within the Federal Government; (2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and (3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Russian Federation. (b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high-impact or moderate-impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has— (1) developed, in consultation with NIST, the FBI, and supply chain risk management experts, a mitigation strategy for any identified risks; (2) determined, in consultation with NIST and the FBI, that the acquisition of such system is in the national interest of the United States; and (3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate and the agency Inspector General. Sec. 515. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. Sec. 516. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of— (1) paragraph 2 of article 16.7 of the United States–Singapore Free Trade Agreement; (2) paragraph 4 of article 17.9 of the United States–Australia Free Trade Agreement; or (3) paragraph 4 of article 15.9 of the United States–Morocco Free Trade Agreement. Sec. 517. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by these Acts. Sec. 518. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent or more, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project's management structure is adequate to control total project or procurement costs. Sec. 519. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2026 until the enactment of the Intelligence Authorization Act for fiscal year 2026. Sec. 520. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (rescissions) Sec. 521. (a) Of the unobligated balances available to the Department of Commerce, the following funds are hereby permanently rescinded, not later than September 30, 2026, from the following accounts in the specified amounts— (1) “Economic Development Administration—Economic Development Assistance Programs”, $60,000,000, only from prior year appropriations that remain available until expended; and (2) “Census Working Capital Fund”, $15,000,000. (b) Of the unobligated balances from prior year appropriations available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2026, from the following accounts in the specified amounts— (1) “State and Local Law Enforcement Activities—Office on Violence Against Women—Violence Against Women Prevention and Prosecution Programs”, $36,000,000; (2) “State and Local Law Enforcement Activities—Office of Justice Programs”, $250,000,000; and (3) “State and Local Law Enforcement Activities—Community Oriented Policing Services”, $25,000,000. (c) Of the unobligated balances available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2026, from the following accounts in the specified amounts— (1) “Working Capital Fund”, $210,000,000; and (2) “Legal Activities—Assets Forfeiture Fund”, $113,200,000. (d) The Departments of Commerce and Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2026, specifying the amount of each rescission made pursuant to subsections (a), (b), and (c). (e) The amounts rescinded in subsections (a), (b), and (c) shall not be from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. (f) The amounts rescinded pursuant to subsections (b) and (c) shall not be from— (1) amounts provided under subparagraph (Q) of paragraph (1) under the heading “State and Local Law Enforcement Activities—Office of Justice Programs—State and Local Law Enforcement Assistance” in title II of Title II of Public Law 117–103 or Public Law 117–328, or amounts provided under subparagraph (R) of paragraph (1) under the heading “State and Local Law Enforcement Activities—Office of Justice Programs—State and Local Law Enforcement Assistance” in title II of Title III of Public Law 118–42; or (2) amounts provided under paragraph (7) under the heading “State and Local Law Enforcement Activities—Community Oriented Policing Services—Community Oriented Policing Services Programs” in title II of Title II of Public Law 117–103 or Public Law 117–328, or amounts provided under paragraph (7) under the heading “State and Local Law Enforcement Activities—Community Oriented Policing Services—Community Oriented Policing Services Programs” in title II of Title III of Public Law 118–42. Sec. 522. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations. Sec. 523. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring outside the United States unless— (1) such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States; or (2) such conference is a scientific conference and the department or agency head determines that such attendance is in the national interest and notifies the Committees on Appropriations of the House of Representatives and the Senate within at least 15 days of that determination and the basis for that determination. Sec. 524. The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following: (1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. (2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts. (3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States. (4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts. Sec. 525. To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are “Energy Star” qualified or have the “Federal Energy Management Program” designation. Sec. 526. (a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA) or the Office of Science and Technology Policy (OSTP) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act. (b) None of the funds made available by this Act may be used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA. (c) The limitations described in subsections (a) and (b) shall not apply to activities which NASA or OSTP, after consultation with the Federal Bureau of Investigation, have certified— (1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and (2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights. (d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major participants, and its location and timing. Sec. 527. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication, or other law enforcement- or victim assistance-related activity. Sec. 528. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Offices of Science and Technology Policy and the United States Trade Representative, and the State Justice Institute shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate not later than 45 days after the date of enactment of this Act: Provided, That the spending plans submitted pursuant to this section shall contain at least the same level of detail as the spending plans submitted pursuant to this section in fiscal year 2024. Sec. 529. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements of a contract. Sec. 530. None of the funds made available by this Act may be used in contravention of section 7606 (“Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014 (Public Law 113–79) by the Department of Justice or the Drug Enforcement Administration. Sec. 531. None of the funds made available under this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana. Sec. 532. The Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation shall provide a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate on any official travel to China by any employee of such Department or agency, including the purpose of such travel. Sec. 533. Of the amounts made available by this Act, not less than 10 percent of each total amount provided, respectively, for Public Works grants authorized by the Public Works and Economic Development Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated for assistance in persistent poverty counties: Provided, That for purposes of this section, the term “persistent poverty counties” means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1993 Small Area Income and Poverty Estimates, the 2000 decennial census, and the most recent Small Area Income and Poverty Estimates, or any Territory or possession of the United States. Sec. 534. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles. (b) The foregoing exemption from obtaining an export license— (1) does not exempt an exporter from filing any Shipper's Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and (2) does not permit the export without a license of— (A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; (B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or (C) articles for export from Canada to another foreign destination. (c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. (d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased. Sec. 535. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import United States origin “curios or relics” firearms, parts, or ammunition. Sec. 536. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if— (1) all other requirements of law with respect to the proposed importation are met; and (2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes. Sec. 537. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. Sec. 538. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. Sec. 539. (a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. Sec. 540. Funds made available to the Department of Commerce and the Department of Justice in this Act and any remaining unobligated balances of funds made available to the Department of Commerce and the Department of Justice in prior year Acts, other than amounts designated by the Congress as being for an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985 or from amounts made available under the heading “Department of Justice—Legal Activities—Fees and Expenses of Witnesses”, shall be available to provide payments pursuant to section 901(i)(2) of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided, That payments made pursuant to the matter preceding this proviso may not exceed $5,000,000 for the Department of Commerce and $10,000,000 for the Department of Justice. Sec. 541. (a) (1) Within 45 days of enactment of this Act, the Secretary of Commerce shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund for fiscal year 2026 pursuant to paragraphs (1) and (2) of section 102(a) of the CHIPS Act of 2022 (Title I of Public Law 117–167) not otherwise allocated pursuant to section 546(a)(1)(B) of Title III of Public Law 118–42, including the transfer authority in such paragraphs of that section of that Act, to the accounts specified, in the amounts specified, and for the projects and activities specified, in the table titled “Department of Commerce Allocation of National Institute of Standards and Technology Funds: CHIPS Act Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). (2) Within 45 days of enactment of this Act, the Director of the National Science Foundation shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund for fiscal year 2026 pursuant to section 102(d)(1) of the CHIPS Act of 2022 (Title I of Public Law 117–167), to the account specified, in the amounts specified, and for the projects and activities specified in the table titled “National Science Foundation Allocation of Funds: CHIPS Act Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). (b) Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under section 102(a)(2)(A) of the CHIPS Act of 2022 or under section 102(d)(2) of such Act if there is in effect an Act making or continuing appropriations for part of a fiscal year for the Departments of Commerce and Justice, Science, and Related Agencies: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation, apportionment, or allotment of amounts for continuing administration of programs allocated funds from the CHIPS for America Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsection (a) of this section. (c) Subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations of the House of Representatives and the Senate, and subject to the terms and conditions in section 505 of this Act— (1) the Secretary of Commerce may reallocate funds allocated to Industrial Technology Services for section 9906 of Public Law 116–283 by subsection (a)(1) of this section; and (2) the Director of the National Science Foundation may reallocate funds allocated to the CHIPS for America Workforce and Education Fund by subsection (a)(2) of this section. (d) Concurrent with the annual budget submission of the President for fiscal year 2027, the Director of the National Science Foundation, as appropriate, shall submit to the Committees on Appropriations of the House of Representatives and the Senate proposed allocations by account and by program, project, or activity, with detailed justifications, for amounts made available under section 102(d)(2) of the CHIPS Act of 2022 for fiscal year 2027. (e) The Department of Commerce and the National Science Foundation, as appropriate, shall each provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded by the CHIPS for America Fund for amounts allocated pursuant to subsection (a)(1) of this section and prior appropriations Acts, the status of balances of projects and activities funded by the Public Wireless Supply Chain Innovation Fund for amounts allocated pursuant to section 543(a)(2) of Title II of Public Law 117–328, and the status of balances of projects and activities funded by the CHIPS for America Workforce and Education Fund for amounts allocated pursuant to subsection (a)(2) of this section and prior appropriations Acts, including all uncommitted, committed, and unobligated funds. Sec. 542. In making Federal financial assistance, the Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation shall continue to apply the negotiated indirect cost rates in section 200.414 of title 2, Code of Federal Regulations, including with respect to the approval of deviations from negotiated indirect cost rates, to the same extent and in the same manner as such negotiated indirect cost rates were applied in fiscal year 2024: Provided, That none of the funds appropriated in this or prior Commerce, Justice, Science, and Related Agencies Appropriations Acts, or otherwise made available to the Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation may be used to develop, modify, or implement changes to such fiscal year 2024 negotiated indirect cost rates. Sec. 543. None of the funds made available by this Act may be used to move the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Canine Training Center or the ATF National Canine Division from Front Royal, Virginia, to another location. Sec. 544. (a) Of the amounts made available under the heading “Department of Commerce—National Oceanic and Atmospheric Administration—Operations, Research, and Facilities”, $507,000,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated under such heading for fiscal year 2026 in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58): Provided, That amounts derived by transfer pursuant to this subsection shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. (b) Of the amounts made available under the heading “Department of Commerce—National Telecommunications and Information Administration—Salaries and Expenses”, $50,000,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated under the heading “National Telecommunications and Information Administration” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58), of which $25,000,000 shall be from amounts repurposed or transferred for salaries and expenses, administration, and oversight of programs pursuant to section 542 of the Consolidated Appropriations Act, 2024 (Public Law 118–42) and $25,000,000 shall be from amounts made available under the heading “Middle Mile Deployment”: Provided, That amounts derived by transfer pursuant to this subsection shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. (c) Of the amounts made available under the heading “Department of Commerce—Economic Development Administration—Economic Development Assistance Programs”, $16,276,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated under the heading “National Telecommunications and Information Administration” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) and repurposed or transferred for salaries and expenses, administration, and oversight of programs pursuant to section 542 of the Consolidated Appropriations Act, 2024 (Public Law 118–42): Provided, That amounts derived by transfer pursuant to this subsection shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. (d) Of the amounts made available under the heading “Department of Commerce—National Oceanic and Atmospheric Administration—Procurement, Acquisition and Construction”, $44,000,000 shall be derived by transfer from the unobligated balances of the Department of Commerce Nonrecurring Expenses Fund. This division may be cited as the “Commerce, Justice, Science, and Related Agencies Appropriations Act, 2026”. DIVISION B—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2026 TITLE I CORPS OF ENGINEERS—CIVIL DEPARTMENT OF THE ARMY Corps Of Engineers—civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. investigations For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $150,384,000, to remain available until expended: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. construction For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction); $3,169,966,000, to remain available until expended; of which $217,983,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program; and of which such sums as are necessary to cover 25 percent of the costs of construction, replacement, rehabilitation, and expansion of inland waterways projects shall be derived from the Inland Waterways Trust Fund, except as otherwise specifically provided for in law: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. mississippi river and tributaries For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $531,588,000, to remain available until expended, of which $9,768,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operation and maintenance costs for inland harbors: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. operation and maintenance (including transfer of funds) For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing and straightening channels; and removing obstructions to navigation, $6,013,217,000, to remain available until expended, of which $3,245,249,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operations and maintenance costs for coastal harbors and channels, and for inland harbors, of which $416,760,000 shall be for donor and energy ports as specified in section 102 of the Water Resources Development Act of 2020; of which $40,000,000, to be derived from the general fund of the Treasury, shall be for the design and construction to replace Federal dredges, in addition to amounts otherwise made available for such purposes, and shall be transferred to and merged with funds available for such purposes in the revolving fund established by the first section of the Act of July 27, 1953 (33 U.S.C. 576); of which such sums as may be necessary shall be derived from amounts collected in this or prior fiscal years under section 210 of the Flood Control Act of 1968 (16 U.S.C. 460d–3) and are not otherwise appropriated shall be for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; of which such sums as become available from fees collected under section 217 of Public Law 104–303 shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which such fees have been collected; and of which $62,000,000, to be derived from the general fund of the Treasury, shall be to carry out subsection (c) of section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and shall be designated as being for such purpose pursuant to paragraph (2) of section 14003 of Title II of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136): Provided, That funding derived from the Harbor Maintenance Trust Fund for donor and energy ports shall be allocated solely in accordance with section 2106 of the Water Resources Reform and Development Act of 2014: Provided further, That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $221,000,000, to remain available until September 30, 2027. formerly utilized sites remedial action program For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation's early atomic energy program, $75,000,000, to remain available until expended. flood control and coastal emergencies For expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $40,000,000, to remain available until expended. expenses For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the Corps of Engineers and the offices of the Division Engineers; and for costs of management and operation of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center allocable to the civil works program, $220,000,000, to remain available until September 30, 2027, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided, That no part of any other appropriation provided in this title shall be available to fund the civil works activities of the Office of the Chief of Engineers or the civil works executive direction and management activities of the division offices: Provided further, That any Flood Control and Coastal Emergencies appropriation may be used to fund the supervision and general administration of emergency operations, repairs, and other activities in response to any flood, hurricane, or other natural disaster. office of the assistant secretary of the army for civil works For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. 7016(b)(3), $7,000,000, to remain available until September 30, 2027: Provided, That not more than 75 percent of such amount may be obligated or expended until the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress the report required under section 101(d) of this Act and a work plan that allocates at least 95 percent of the additional funding provided under each heading in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), to specific programs, projects, or activities. water infrastructure finance and innovation program account For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $2,200,000, to remain available until expended, for safety projects to maintain, upgrade, and repair dams identified in the National Inventory of Dams with a primary owner type of State, local government, public utility, or private: Provided, That any activity that results in a decrease in the hazard or a decrease in the potential consequences of poor performance of a dam structure listed on the National Inventory of Dams with a primary owner type of State, local government, public utility, or private shall be considered a safety project eligible for funds provided under this heading for that purpose by this or any prior Act: Provided further, That any safety project for a dam identified in the National Inventory of Dams with a primary owner type of State, local government, public utility, or private shall be eligible under section 5026(1)(A) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121) (33 U.S.C. 3905(1)(A)) for funds provided under this heading for that purpose by this or any prior Act: Provided further, That no project may be funded with amounts provided under this heading in this or any prior Act for a dam that is identified as jointly owned in the National Inventory of Dams and where one of those joint owners is the Federal Government: Provided further, That not later than 90 days following the end of any submittal period occurring before or after the date of enactment of this Act of a solicitation of preliminary applications from prospective borrowers seeking credit assistance of funds made available under this heading by this or any prior Act, the Secretary shall provide to each applicant a written notice to inform the applicant whether the applicant will be invited to apply for credit assistance: Provided further, That amounts made available under this heading in this Act shall also be available for projects to construct, maintain, upgrade, and repair levees and ancillary features with a primary owner type of State, municipal, county, private, or other non-Federal entity: Provided further, That not later than 60 days after the date of enactment of this Act, the Secretary shall begin a rulemaking process to establish the process to provide financial assistance for projects to construct, maintain, upgrade, and repair levees and ancillary features with a primary owner type of State, municipal, county, private, or other non-Federal entity: Provided further, That no project may be funded with amounts provided under this heading for a levee unless the Secretary has certified in advance, in writing, that the levee is not owned, in whole or in part, by the Federal Government: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $500,000,000: Provided further, That the use of direct loans or loan guarantee authority under this heading for direct loans or commitments to guarantee loans for any project, including any project that is made eligible for funds pursuant to the second proviso under this heading, shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading “Water Infrastructure Finance and Innovation Program Account” in division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94): Provided further, That none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Secretary and the Director of the Office of Management and Budget have certified in advance in writing that the direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in the previous proviso: Provided further, That any references to the Environmental Protection Agency (EPA) or the Administrator in the criteria referenced in the previous two provisos shall be deemed to be references to the Army Corps of Engineers or the Secretary of the Army, respectively, for purposes of the direct loans or loan guarantee authority made available under this heading: Provided further, That for the purposes of carrying out the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Secretary shall promptly provide, documentation and information relating to a project identified in a Letter of Interest submitted to the Secretary pursuant to a Notice of Funding Availability for applications for credit assistance under the Water Infrastructure Finance and Innovation Act Program, including with respect to a project that was initiated or completed before the date of enactment of this Act. In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $5,000,000, to remain available until September 30, 2027. GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL (including transfers of funds) Sec. 101. (a) None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2026, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) augments or reduces existing programs, projects, or activities in excess of the amounts contained in paragraphs (6) through (10), unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provided, That for a base level less than $100,000, the reprogramming limit is $25,000: Provided further, That up to $25,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided, That for a base level less than $2,000,000, the reprogramming limit is $300,000: Provided further, That up to $3,000,000 may be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further, That up to $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted for the Corps to be able to respond to emergencies: Provided, That the Chief of Engineers shall notify the Committees on Appropriations of both Houses of Congress of these emergency actions as soon thereafter as practicable: Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit of $5,000,000 per project, study, or activity is allowed: Provided further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation; (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, respectively; and (10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.—Reprogramming of up to 15 percent of the base of the receiving project is permitted. (b) De minimus reprogrammings.—In no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress. (c) Continuing authorities program.—Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (d) Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations of both Houses of Congress to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year which shall include: (1) A table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fiscal year enacted level; (2) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; and (3) An identification of items of special congressional interest. Sec. 102. The Secretary shall allocate funds made available in this Act solely in accordance with the provisions of this Act and in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), including the determination and designation of new starts. Sec. 103. (a) None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. (b) Subsection (a) shall not apply to projects with awarded integrated design and construction contracts (IDaC) as of the date of enactment of this Act: Provided, That the Corps shall modify the existing IDaC contracts for such projects to incorporate the authority provided in 33 U.S.C. 621 and DFARS 252.232–7007 pursuant to DFARS 232.703–1(1)(ii)(B) within 60 days of the date of enactment of this Act: Provided further, That the Corps shall notify the Committees on Appropriations of both Houses of Congress upon execution of such modifications for each project and upon commencement of work addressed in such modification: Provided further, That the Corps shall fully obligate any funds previously designated in Public Law 117–58 or prior appropriations bill as part of the modification, and as required supervision and administration associated with that modification: Provided further, That amounts repurposed pursuant to this section shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. Sec. 104. The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $8,733,000 of funds provided in this title under the heading “Operation and Maintenance” to mitigate for fisheries lost due to Corps of Engineers projects. Sec. 105. None of the funds in this Act shall be used for an open lake placement alternative for dredged material, after evaluating the least costly, environmentally acceptable manner for the disposal or management of dredged material originating from Lake Erie or tributaries thereto, unless it is approved under a State water quality certification pursuant to section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341): Provided, That until an open lake placement alternative for dredged material is approved under a State water quality certification, the Corps of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211). Sec. 106. Additional funding provided in this Act shall be allocated only to projects determined to be eligible by the Chief of Engineers. Sec. 107. Subject to consultation with the non-Federal sponsor and retaining sufficient amounts for the Corps of Engineers to carry out any of its responsibilities relating to the project and using appropriations made available to the project prior to the enactment of this Act, the Secretary of the Army shall make advance payments to the non-Federal sponsors for their use in completing construction of any project for flood risk management identified in implementation guidance for the Civil Works Public-Private Partnership Pilot Program issued by the Director of Civil Works on January 8, 2019 and that is under construction on the date of enactment of this Act and for which a prior executed Project Partnership Agreement, as amended, specifically identifies Federal Work, Non-Federal Work, and a Federal Participation Amount in excess of $700,000,000: Provided, That amounts described in the matter preceding this proviso shall be credited by the Secretary toward the Federal Participation Amount: Provided further, That prior to making any payments authorized in the matter preceding the first proviso, the Secretary and the non-Federal sponsors shall amend the Project Partnership Agreement executed for the project in order to implement any such payments and credits. Sec. 108. None of the funds made available by this Act may be used to carry out any water supply reallocation study under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946 (60 Stat. 636, ch. 595). Sec. 109. Section 225(c)(2)(A)(ii) of the Water Resources Development Act of 1992 (33 U.S.C. 2328(c)(2)(A)(ii)) is amended by striking “at recreation site at which the fee is collected” and inserting “at any recreation site or facility that is located at the civil works project at which the fee is collected”. TITLE II DEPARTMENT OF THE INTERIOR Central Utah Project central utah project completion account For carrying out activities authorized by the Central Utah Project Completion Act, $23,000,000, to remain available until expended, of which $4,000,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission: Provided, That of the amount provided under this heading, $1,950,000 shall be available until September 30, 2027, for expenses necessary in carrying out related responsibilities of the Secretary of the Interior: Provided further, That for fiscal year 2026, of the amount made available to the Commission under this Act or any other Act, the Commission may use an amount not to exceed $2,186,000 for administrative expenses. Bureau Of Reclamation The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation: water and related resources (including transfers of funds) For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian Tribes, and others, $1,465,630,000, to remain available until expended, of which $23,899,000 shall be available for transfer to the Upper Colorado River Basin Fund and $7,679,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided, That such transfers may be increased or decreased within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund, the Water Storage Enhancement Receipts account established by section 4011(e) of Public Law 114–322, or the Bureau of Reclamation special fee account established by 16 U.S.C. 6806 shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which the funds were contributed: Provided further, That funds advanced under 43 U.S.C. 397a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading: Provided further, That of the amounts made available under this heading, $3,237,000 shall be deposited in the San Gabriel Basin Restoration Fund established by section 110 of title I of Title II of appendix D of Public Law 106–554: Provided further, That in accordance with section 4007 of Public Law 114–322 and as recommended by the Secretary in a letter dated January 2, 2026, funding provided for such purpose in fiscal year 2025 shall be made available to the Sites Reservoir Project and the B.F. Sisk Dam Raise and Reservoir Expansion Project: Provided further, That in accordance with section 4009(a) of Public Law 114–322 and as recommended by the Secretary in a letter dated January 2, 2026, funding provided for such purpose in fiscal year 2025 and prior fiscal years shall be made available to the Kay Bailey Hutchison Expansion—Concentrate Pipeline Partial Replacement Project and the McAllen Brackish Groundwater Treatment Facility. central valley project restoration fund For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley Project Improvement Act, such sums as may be collected in fiscal year 2026 in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, to remain available until expended: Provided, That the Bureau of Reclamation is directed to assess and collect the full amount of the additional mitigation and restoration payments authorized by section 3407(d) of Public Law 102–575: Provided further, That none of the funds made available under this heading may be used for the acquisition or leasing of water for in-stream purposes if the water is already committed to in-stream purposes by a court adopted decree or order. california bay-delta restoration (including transfers of funds) For carrying out activities authorized by the Water Supply, Reliability, and Environmental Improvement Act, consistent with plans to be approved by the Secretary of the Interior, $32,000,000, to remain available until expended, of which such amounts as may be necessary to carry out such activities may be transferred to appropriate accounts of other participating Federal agencies to carry out authorized purposes: Provided, That funds appropriated herein may be used for the Federal share of the costs of CALFED Program management: Provided further, That CALFED implementation shall be carried out in a balanced manner with clear performance measures demonstrating concurrent progress in achieving the goals and objectives of the Program. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2027, $64,000,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377, of which not to exceed $5,000 may be used for official reception and representation expenses: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. administrative provision Appropriations for the Bureau of Reclamation shall be available for purchase and replacement of not to exceed 30 motor vehicles, which are for replacement only. GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR Sec. 201. (a) None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous or subsequent appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2026, shall be available for obligation or expenditure through a reprogramming of funds that— (1) initiates or creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of both Houses of Congress: (A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or (B) $400,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year; (6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; or (7) transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of both Houses of Congress. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. (c) For purposes of this section, the term “transfer” means any movement of funds into or out of a program, project, or activity. (d) Except as provided in subsections (a) and (b), the amounts made available in this title under the heading “Bureau of Reclamation—Water and Related Resources” shall be expended for the programs, projects, and activities specified in the “Final Bill” columns in the “Water and Related Resources” table included under the heading “Title II—Department of the Interior” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). (e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act. Sec. 202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the “Cleanup Program—Alternative Repayment Plan” and the “SJVDP—Alternative Repayment Plan” described in the report entitled “Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995”, prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law. Sec. 203. Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking “$920,000,000” and inserting “$1,000,000,000”. Sec. 204. (a) Title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as amended, shall be applied by substituting “2026” for “2022” each place it appears. (b) Section 103(f)(4)(A) of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681) is amended by striking “$30,000,000” and inserting “$32,600,000”. Sec. 205. Section 9106(g)(2) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11) shall be applied by substituting “2026” for “2022”. Sec. 206. Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting “$130,000,000” for “$120,000,000”. Sec. 207. Section 9503(f) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(f)) shall be applied by substituting “2026” for “2023”. Sec. 208. In this fiscal year and each fiscal year thereafter, notwithstanding the Act of May 9, 1938, (43 U.S.C. 392a), all monies received by the United States in connection with the repayment or reimbursement of costs for all projects, including power, financed in whole or in part with money from the Aging Infrastructure Account created pursuant to section 9603(d) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b(d)) shall be repaid and deposited to that account. Sec. 209. (a) Section 10609(a)(1) of the Northwestern New Mexico Rural Water Projects Act (subtitle B of title X of Public Law 111–11)— (1) is amended by striking “$870,000,000” and inserting “$1,815,000,000”; and (2) shall be applied by substituting “2026” for “2024”. (b) Section 10604(b)(3)(B) of the Northwestern New Mexico Rural Water Projects Act (subtitle B of title X of Public Law 111–11) is amended to read as follows: “MAXIMUM SHARE.—Notwithstanding subparagraph (A), the repayment obligation of the City shall not exceed $76,000,000”. Sec. 210. Section 10 of Public Law 89–108, as amended (79 Stat. 433; 100 Stat. 424; 106 Stat. 4669; 114 Stat. 2763A–291), is further amended— (1) in subsection (b)(1), by— (A) redesignating subparagraph (C) as subparagraph (D); and (B) inserting after subparagraph (B), the following: “(C) OTHER AMOUNTS.—In addition to the amounts made available under subparagraphs (A) and (B), there is authorized to be appropriated to carry out section 7(a) $50,000,000.”; and (2) in subsection (e), by inserting prior to the last sentence, the following: “Such indexing shall also be applied for the $50,000,000 amount under subsection (b)(1)(C) for costs incurred after the date of enactment.”. TITLE III DEPARTMENT OF ENERGY ENERGY PROGRAMS Energy Efficiency And Renewable Energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $3,100,000,000, to remain available until expended: Provided, That of such amount, $224,000,000 shall be available until September 30, 2027, for program direction. Cybersecurity, Energy Security, And Emergency Response For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy sector cybersecurity, energy security, and emergency response activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $190,000,000, to remain available until expended: Provided, That of such amount, $24,000,000 shall be available until September 30, 2027, for program direction. Electricity For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $235,000,000, to remain available until expended: Provided, That of such amount, $19,700,000 shall be available until September 30, 2027, for program direction. Grid Deployment For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for grid deployment in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $25,000,000, to remain available until expended: Provided, That of such amount, $6,000,000 shall be available until September 30, 2027, for program direction. Nuclear Energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,785,000,000, to remain available until expended: Provided, That of such amount, $88,000,000 shall be available until September 30, 2027, for program direction: Provided further, That for the purpose of section 954(a)(7) of the Energy Policy Act of 2005, as amended, the only amount available shall be from the amount specified as including that purpose in the “Final Bill” column in the “Department of Energy” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). Fossil Energy For Department of Energy expenses necessary in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $720,000,000, to remain available until expended: Provided, That of such amount $70,000,000 shall be available until September 30, 2027, for program direction. Energy Projects For Department of Energy expenses necessary in carrying out community project funding activities, under the authority of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), $97,557,000, to remain available until expended, for projects, and in the amounts, specified for this account in the table entitled “Community Project Funding/Congressionally Directed Spending” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). Naval Petroleum And Oil Shale Reserves For Department of Energy expenses necessary to carry out naval petroleum and oil shale reserve activities, $13,000,000, to remain available until expended: Provided, That notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities. Strategic Petroleum Reserve For Department of Energy expenses necessary for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $206,325,000, to remain available until expended. Spr Petroleum Account For the acquisition, transportation, and injection of petroleum products, and for other necessary expenses pursuant to the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note), section 32204 of the Fixing America’s Surface Transportation Act (42 U.S.C. 6241 note), and section 30204 of the Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), $100,000, to remain available until expended. Northeast Home Heating Oil Reserve For Department of Energy expenses necessary for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $7,150,000, to remain available until expended. Energy Information Administration For Department of Energy expenses necessary in carrying out the activities of the Energy Information Administration, $135,000,000, to remain available until expended. Non-defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $322,371,000, to remain available until expended: Provided, That in addition, fees collected pursuant to subsection (b)(1) of section 5 of the Mercury Export Ban Act of 2008 (42 U.S.C. 6939f(b)(1)), and deposited under this heading in fiscal year 2026 pursuant to section 309 of title III of Title III of Public Law 116–94 are appropriated, to remain available until expended, for mercury storage costs. Uranium Enrichment Decontamination And Decommissioning Fund For Department of Energy expenses necessary in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $865,000,000, to be deposited into and subsequently derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $0 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992. Science For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and purchase of not more than 35 passenger motor vehicles, $8,400,000,000, to remain available until expended: Provided, That of such amount, $226,831,000 shall be available until September 30, 2027, for program direction. Nuclear Waste Disposal For Department of Energy expenses necessary for nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Public Law 97–425, as amended, $12,040,000, to remain available until expended, which shall be derived from the Nuclear Waste Fund. Advanced Research Projects Agency—energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110–69), $350,000,000, to remain available until expended: Provided, That of such amount, $40,000,000 shall be available until September 30, 2027, for program direction. Title 17 Innovative Technology Loan Guarantee Program Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of 2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided, That for necessary administrative expenses of the Title 17 Innovative Technology Loan Guarantee Program, as authorized, $35,000,000 is appropriated, to remain available until September 30, 2027: Provided further, That up to $35,000,000 of fees collected in fiscal year 2026 pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections under this heading and used for necessary administrative expenses in this appropriation and shall remain available until September 30, 2027: Provided further, That to the extent that fees collected in fiscal year 2026 exceed $35,000,000, those excess amounts shall be credited as offsetting collections under this heading and available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2026 (estimated at $240,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from fees collected in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2026 appropriation from the general fund estimated at $0: Provided further, That the Department of Energy shall not subordinate any loan obligation to other financing in violation of section 1702 of the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation to any loan or other debt obligations in violation of section 609.8 of title 10, Code of Federal Regulations. In addition, $150,000,000, to remain available until expended, for the cost of loan guarantees for the construction of small modular reactors or advanced nuclear reactors eligible under section 1703(b)(4) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)(4)): Provided, That the amounts provided under this paragraph are in addition to those provided in any other Act: Provided further, That for amounts collected pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, the source of such payment received from borrowers may not be a loan or other debt obligation that is guaranteed by the Federal Government: Provided further, That none of such loan guarantee authority made available under this paragraph shall be available for commitments to guarantee loans for any projects where funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel, or affiliated entity are expected be used (directly or indirectly) through acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases, procurements, sales, other transaction authority, or other arrangements, to support the project or to obtain goods or services from the project: Provided further, That the preceding proviso shall not be interpreted as precluding the use of the loan guarantee authority provided under this paragraph for commitments to guarantee loans for: (1) projects as a result of such projects benefitting from otherwise allowable Federal income tax benefits; (2) projects as a result of such projects benefitting from being located on Federal land pursuant to a lease or right of-way agreement for which all consideration for all uses is: (A) paid exclusively in cash; (B) deposited in the Treasury as offsetting receipts; and (C) equal to the fair market value as determined by the head of the relevant agency; (3) projects as a result of such projects benefitting from Federal insurance programs, including under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly known as the “Price-Anderson Act”); or (4) electric generation projects using transmission facilities owned or operated by a Federal Power Marketing Administration or the Tennessee Valley Authority that have been authorized, approved, and financed independent of the project receiving the guarantee: Provided further, That none of the loan guarantee authority made available under this heading shall be available for any project unless the Director of the Office of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this heading. Advanced Technology Vehicles Manufacturing Loan Program For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $9,500,000, to remain available until September 30, 2027. Tribal Energy Loan Guarantee Program For Department of Energy administrative expenses necessary in carrying out the Tribal Energy Loan Guarantee Program, $6,300,000, to remain available until September 30, 2027. Indian Energy Policy And Programs For necessary expenses for Indian Energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), $75,000,000, to remain available until expended: Provided, That of the amount appropriated under this heading, $14,000,000 shall be available until September 30, 2027, for program direction. Departmental Administration For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), $300,578,000, to remain available until September 30, 2027, including the hire of passenger motor vehicles and official reception and representation expenses not to exceed $30,000, plus such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue increases of the same or greater amount: Provided further, That moneys received by the Department for miscellaneous revenues estimated to total $100,578,000 in fiscal year 2026 may be retained and used for operating expenses within this account, as authorized by section 201 of Public Law 95–238, notwithstanding the provisions of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2026 appropriation from the general fund estimated at not more than $200,000,000. Office Of The Inspector General For expenses necessary for the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $90,000,000, to remain available until September 30, 2027. ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION Weapons Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $20,378,000,000, to remain available until expended: Provided, That of such amount, $149,244,000 shall be available until September 30, 2027, for program direction. Defense Nuclear Nonproliferation For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $2,367,000,000, to remain available until expended. Naval Reactors (including transfer of funds) For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and capital equipment, facilities, and facility expansion, $2,134,000,000, to remain available until expended, of which, $96,740,000 shall be transferred to “Department of Energy—Energy Programs—Nuclear Energy”, for the Advanced Test Reactor: Provided, That of such amount made available under this heading, $61,540,000 shall be available until September 30, 2027, for program direction. Federal Salaries And Expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $525,000,000, to remain available until September 30, 2027, including official reception and representation expenses not to exceed $17,000. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $7,375,000,000, to remain available until expended: Provided, That of such amount, $312,818,000 shall be available until September 30, 2027, for program direction. Other Defense Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,170,000,000, to remain available until expended: Provided, That of such amount, $384,404,000 shall be available until September 30, 2027, for program direction. POWER MARKETING ADMINISTRATIONS Bonneville Power Administration Fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93–454, are approved for: the Rocky Reach Kelt Facility, the Colville Acclimation Building Enclosures, the Colville Tribes Resident Fish Hatchery Expansion, the Chief Joseph Hatchery Water Quality Project, and the Umatilla Hatchery Facility and Acclimation Facilities: Provided, That expenditures are also approved for official reception and representation expenses in an amount not to exceed $5,000: Provided further, That during fiscal year 2026, no new direct loan obligations may be made. Operation And Maintenance, Southeastern Power Administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, including transmission wheeling and ancillary services, pursuant to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $9,285,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944, up to $9,285,000 collected by the Southeastern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the Southeastern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2026 appropriation estimated at not more than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to $81,819,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Operation And Maintenance, Southwestern Power Administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern Power Administration, $59,766,000, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to $49,366,000 collected by the Southwestern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Southwestern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2026 appropriation estimated at not more than $10,400,000: Provided further, That notwithstanding 31 U.S.C. 3302, up to $80,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Construction, Rehabilitation, Operation And Maintenance, Western Area Power Administration For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other related activities including conservation and renewable resources programs as authorized, $311,035,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended, of which $311,035,000 shall be derived from the Department of the Interior Reclamation Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), and section 1 of the Interior Department Appropriation Act, 1939 (43 U.S.C. 392a), up to $247,663,000 collected by the Western Area Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Western Area Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2026 appropriation estimated at not more than $63,372,000, of which $63,372,000 is derived from the Reclamation Fund: Provided further, That notwithstanding 31 U.S.C. 3302, up to $475,000,000 collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Falcon And Amistad Operating And Maintenance Fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $6,510,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up to $6,282,000 collected by the Western Area Power Administration from the sale of power and related services from the Falcon and Amistad Dams shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the hydroelectric facilities of these Dams and associated Western Area Power Administration activities: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2026 appropriation estimated at not more than $228,000: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred: Provided further, That for fiscal year 2026, the Administrator of the Western Area Power Administration may accept up to $1,072,000 in funds contributed by United States power customers of the Falcon and Amistad Dams for deposit into the Falcon and Amistad Operating and Maintenance Fund, and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds shall be available without further appropriation and without fiscal year limitation for use by the Commissioner of the United States Section of the International Boundary and Water Commission for the sole purpose of operating, maintaining, repairing, rehabilitating, replacing, or upgrading the hydroelectric facilities at these Dams in accordance with agreements reached between the Administrator, Commissioner, and the power customers. Federal Energy Regulatory Commission salaries and expenses For expenses necessary for the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 3109, official reception and representation expenses not to exceed $3,000, and the hire of passenger motor vehicles, $520,000,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to exceed $520,000,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2026 shall be retained and used for expenses necessary in this account, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2026 so as to result in a final fiscal year 2026 appropriation from the general fund estimated at not more than $0. GENERAL PROVISIONS—DEPARTMENT OF ENERGY (including transfers of funds) Sec. 301. General Energy provisions. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress. (b) (1) Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to— (A) make a grant allocation or discretionary grant award totaling $1,000,000 or more; (B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; (C) provide nonoperational funding through a competition restricted only to Department of Energy National Laboratories totaling $1,000,000 or more; (D) provide nonoperational funding directly to a Department of Energy National Laboratory totaling $25,000,000 or more; (E) issue a letter of intent to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D); (F) announce publicly the intention to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D); or (G) issue a letter to terminate an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D). (2) The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided during the previous quarter. (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made. (c) The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available in this title under the heading “Department of Energy—Energy Programs”, enter into a multiyear contract, award a multiyear grant, or enter into a multiyear cooperative agreement unless— (1) the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or (2) the contract, grant, or cooperative agreement includes a clause conditioning the Federal Government's obligation on the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both Houses of Congress at least 3 days in advance. (d) Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities, and in the amounts, specified in the “Final Bill” column in the “Department of Energy” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). (e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. (f) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates, initiates, or eliminates a program, project, or activity; (2) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or (3) reduces funds that are directed to be used for a specific program, project, or activity by this Act. (g) (1) The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver. (h) The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. Sec. 302. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. Sec. 303. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. Sec. 304. None of the funds made available in this title may be used to support a grant allocation award, discretionary grant award, or cooperative agreement that exceeds $100,000,000 in Federal funding unless the project is carried out through internal independent project management procedures. Sec. 305. No funds shall be transferred directly from “Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration” to the general fund of the Treasury in the current fiscal year. Sec. 306. None of the funds made available by this Act may be used to draw down and sell petroleum products from the Strategic Petroleum Reserve (1) to any entity that is under the ownership, control, or influence of the Chinese Communist Party; or (2) except on condition that such petroleum products will not be exported to the People’s Republic of China. Sec. 307. (a) None of the funds made available by this Act may be used by the Secretary of Energy to award any grant, contract, cooperative agreement, or loan of $10,000,000 or greater to an entity of concern as defined in section 10114 of Title II of Public Law 117–167. (b) The Secretary shall implement the requirements under subsection (a) using a risk-based approach and analytical tools to aggregate, link, analyze, and maintain information reported by an entity seeking or receiving such funds made available by this Act. (c) This section shall be applied in a manner consistent with the obligations of the United States under applicable international agreements. (d) The Secretary shall have the authority to require the submission to the agency, by an entity seeking or receiving such funds made available by this Act, documentation necessary to implement the requirements under subsection (a). (e) Chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”), shall not apply to the implementation of the requirements under this section. (f) The Secretary and other Federal agencies shall coordinate to share relevant information necessary to implement the requirements under subsection (a). Sec. 308. None of the funds appropriated or otherwise made available by this Act may be used to admit any non-U.S. citizen from Russia or China to any nuclear weapons production facility, as such term is defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501), other than areas accessible to the general public, unless 30 days prior to facility admittance, the Department of Energy provides notification to the Committees on Appropriations and Armed Services of both Houses of Congress. Sec. 309. Funds made available in this title under the headings “Energy Efficiency and Renewable Energy”, “Electricity”, “Fossil Energy ”, “Cybersecurity, Energy Security, and Emergency Response”, and “Science” that are allocated for the purposes of section 9 of the Small Business Act, as amended (15 U.S.C. 638), including for Small Business Innovation Research and Small Business Technology Transfer activities, or for the purposes of section 1001 of the Energy Policy Act of 2005, as amended (42 U.S.C. 16391), for Technology Commercialization Fund activities, may be reprogrammed within each account without being subject to the restrictions in section 301 of this title: Provided, That the administration and selection of awards pursuant to such sections will be in coordination with the offices that oversee the appropriations accounts to which the relevant funding was originally appropriated. Sec. 310. Section 15(g)(3) of Public Law 85–536 (15 U.S.C. 644(g)(3)) is further amended by inserting “and by site support prime contractors at the National Energy Technology Laboratory” following “Department of Energy”. Sec. 311. (a) Of the amounts specified in subsection (d), $3,100,000,000 shall be transferred to, and merged with, amounts provided in this Act under the heading “Nuclear Energy” that remain available until expended, and in addition to amounts otherwise available, shall only be available for the not more than two competitive awards for Generation 3+ small modular reactor deployment projects described in section 311(a)(1)(A) of division D of the Consolidated Appropriations Act, 2024 (Public Law 118–42), the two awards for demonstration projects made prior to the date of enactment of this Act under the Advanced Reactor Demonstration Program, as authorized under section 959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a), and Risk Reduction for Future Demonstrations, as described under the heading Advanced Reactor Demonstration Program in the explanatory statement accompanying Title III of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94). (b) Of the amounts specified in subsection (d), $375,000,000 shall be transferred to, and merged with, amounts provided in this Act under the heading “Grid Deployment Office” that remain available until expended, and in addition to amounts otherwise available, shall be available for necessary expenses to carry out a program to enhance the domestic supply chain for the manufacture of distribution and power transformers, components, and materials, and electric grid components, including financial assistance, technical assistance, and competitive awards for procurement and acquisition. (c) Of the amounts provided in this title that remain available until expended, the following amounts shall be derived by transfer from the funds specified in subsection (d): (1) $1,150,000,000 of the amounts provided under the heading “Energy Efficiency and Renewable Energy”; (2) $100,000,000 of the amounts provided under the heading “Nuclear Energy”; (3) $140,000,000 of the amounts provided under the heading “Fossil Energy”; (4) $150,000,000 of the amounts provided under the heading “Science”; and (5) $150,000,000 of the amounts provided in the second paragraph under the heading “Title 17 Innovative Technology Loan Guarantee Program”. (d) The funds specified in this subsection are the unobligated balances, as of the date of enactment of this Act, from amounts provided in title III of division J of Public Law 117–58, as follows: (1) $1,281,141,701 of the amounts made available to carry out section 40323 of division D of Public Law 117–58; (2) $1,500,000,000 of the amounts made available to carry out subtitle J of title IX of the Energy Policy Act of 2005; (3) $1,040,000,000 of the amounts made available to carry out section 969D of the Energy Policy Act of 2005; (4) $950,000,000 of the amounts made available to carry out subparagraph (B) or subparagraph (C) of section 962(b)(2) of the Energy Policy Act of 2005; and (5) $393,858,299 of the amounts provided under the heading “Energy Programs—Energy Efficiency and Renewable Energy”. (e) Not later than 15 days after the date of enactment of this Act, the Secretary of the Department of Energy shall transmit to the Committees on Appropriations of both Houses of Congress a report that details the amounts repurposed or transferred pursuant to this section: Provided, That such report shall be delineated by both source and destination by Treasury Appropriations Fund Symbol and statutory authority (including by subparagraph for funds specified in subsection (d)(4)). (f) Amounts repurposed or transferred pursuant to this section shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. Sec. 312. Section 4(c)(10)(B) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839b(c)(10)(B)) is amended by striking the period at the end and inserting “, adjusted for inflation.”. Sec. 313. In making Federal financial assistance, the Department of Energy shall continue to apply the indirect cost rates, including negotiated indirect cost rates, as described in section 200.414 of title 2, Code of Federal Regulations, including with respect to the approval of deviations from negotiated indirect cost rates, to the same extent and in the same manner as was applied in fiscal year 2024: Provided, That none of the funds appropriated in this or prior Acts or otherwise made available to the Department of Energy may be used to develop, modify, or implement changes to such negotiated indirect cost rates. TITLE IV INDEPENDENT AGENCIES Appalachian Regional Commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $200,000,000, to remain available until expended. Defense Nuclear Facilities Safety Board salaries and expenses For expenses necessary for the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100–456, section 1441, $42,000,000, to remain available until September 30, 2027, of which not to exceed $1,000 shall be available for official reception and representation expenses. Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $12,000,000, to remain available until expended. Denali Commission For expenses necessary for the Denali Commission including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $10,000,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998: Provided, That funds shall be available for construction projects for which the Denali Commission is the sole or primary funding source in an amount not to exceed 90 percent of total project cost for distressed communities, as defined by such section and by section 701 of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A–280), and for Indian Tribes, as defined by section 5304(e) of title 25, United States Code, and in an amount not to exceed 50 percent for non-distressed communities: Provided further, That notwithstanding any other provision of law regarding payment of a non-Federal share in connection with a grant-in-aid program, amounts under this heading shall be available for the payment of such a non-Federal share for any project for which the Denali Commission is not the sole or primary funding source, provided that such project is consistent with the purposes of the Commission. Northern Border Regional Commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $42,000,000, to remain available until expended: Provided, That such amounts shall be available for administrative expenses, notwithstanding section 15751(b) of title 40, United States Code. Northwest Regional Commission For expenses necessary to establish a Northwest Regional Commission located in Washington, Oregon, Idaho, and Montana, $1,000,000, to remain available until expended: Provided, That amounts provided to the Northwest Regional Commission shall be used to carry out activities authorized for other regional Commissions by subtitle V of title 40, United States Code. Southeast Crescent Regional Commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $20,000,000, to remain available until expended. Southwest Border Regional Commission For expenses necessary for the Southwest Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $5,500,000, to remain available until expended. Great Lakes Authority For expenses necessary for the Great Lakes Authority in carrying out activities authorized by subtitle V of title 40, United States Code, $5,000,000, to remain available until expended. Nuclear Regulatory Commission salaries and expenses For expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, $952,700,000, including official representation expenses not to exceed $30,000, to remain available until expended: Provided, That of the amount appropriated herein, not more than $11,494,000 may be made available for salaries, travel, and other support costs for the Office of the Commission, to remain available until September 30, 2027: Provided further, That revenues from licensing fees, inspection services, and other services and collections estimated at $804,509,977 in fiscal year 2026 shall be retained and used for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2026 so as to result in a final fiscal year 2026 appropriation estimated at not more than $148,190,023. office of inspector general For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $18,795,000, to remain available until September 30, 2027: Provided, That revenues from licensing fees, inspection services, and other services and collections estimated at $14,885,000 in fiscal year 2026 shall be retained and be available until September 30, 2027, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2026 so as to result in a final fiscal year 2026 appropriation estimated at not more than $3,910,000: Provided further, That of the amounts appropriated under this heading, $1,572,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board. Nuclear Waste Technical Review Board salaries and expenses For expenses necessary for the Nuclear Waste Technical Review Board, as authorized by Public Law 100–203, section 5051, $4,000,000, to be derived from the Nuclear Waste Fund, to remain available until September 30, 2027. GENERAL PROVISIONS—INDEPENDENT AGENCIES Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information, consistent with Department of Justice guidance for all Federal agencies. Sec. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b) (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for “Nuclear Regulatory Commission—Salaries and Expenses” shall be expended as directed in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations— (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations. TITLE V GENERAL PROVISIONS (including transfer of funds) Sec. 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. Sec. 502. (a) None of the funds made available in title III of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. This report shall include the amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority. Sec. 503. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. This division may be cited as the “Energy and Water Development and Related Agencies Appropriations Act, 2026”. DIVISION C—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026 TITLE I DEPARTMENT OF THE INTERIOR Bureau Of Land Management management of lands and resources For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to section 1010(a) of Public Law 96–487 (16 U.S.C. 3150(a)), $1,260,166,000, to remain available until September 30, 2027; of which $48,560,000 for annual maintenance and deferred maintenance programs and $144,000,000 for the wild horse and burro program, as authorized by Public Law 92–195 (16 U.S.C. 1331 et seq.), shall remain available until expended: Provided, That amounts in the fee account of the BLM Permit Processing Improvement Fund may be used for any bureau-related expenses associated with the processing of oil and gas applications for permits to drill and related use of authorizations: Provided further, That of the amounts made available under this heading, up to $1,000,000 may be made available for the purposes described in section 122(e)(1)(A) of division G of Public Law 115–31 (43 U.S.C. 1748c(e)(1)(A)): Provided further, That of the amounts made available under this heading, not to exceed $15,000 may be for official reception and representation expenses: Provided further, That of the amounts made available under this heading, $3,246,000 is for projects specified for Land Management Priorities in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That of the amounts made available under this heading, up to $3,000,000 of the amounts made available for Wildlife habitat management shall be available in fiscal year 2026 subject to a match by at least an equal amount by the National Fish and Wildlife Foundation for cost-shared projects supporting conservation of Bureau lands; and such funds shall be advanced to the Foundation as a lump-sum grant without regard to when expenses are incurred. In addition, $42,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee program, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that are hereby authorized for fiscal year 2026, so as to result in a final appropriation estimated at not more than $1,260,166,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering communication site activities. oregon and california grant lands For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent to such grant lands; $115,521,000, to remain available until expended: Provided, That the Bureau of Land Management shall maintain the current Western Oregon Operating Plan and will fully participate in a unified wildfire protection system. range improvements For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount designated for range improvements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not less than $10,000,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses. service charges, deposits, and forfeitures For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94–579 (43 U.S.C. 1701 et seq.), and under section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain available until expended: Provided, That notwithstanding any provision to the contrary of section 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be expended under the authority of this Act by the Secretary of the Interior to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such action are used on the exact lands damaged which led to the action: Provided further, That any such moneys that are in excess of amounts needed to repair damage to the exact land for which funds were collected may be used to repair other damaged public lands. miscellaneous trust funds In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of Public Law 94–579 (43 U.S.C. 1737), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available until expended. administrative provisions The Bureau of Land Management may carry out the operations funded under this Act by direct expenditure, contracts, grants, cooperative agreements, and reimbursable agreements with public and private entities, including with States. Appropriations for the Bureau shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided, That notwithstanding Public Law 90–620 (44 U.S.C. 501), the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards: Provided further, That projects to be funded pursuant to a written commitment by a State government to provide an identified amount of money in support of the project may be carried out by the Bureau on a reimbursable basis: Provided further, That the Bureau of Land Management shall maintain staffing levels in order to fulfill the mission required under title 16, title 30, title 43, and title 54, United States Code, including to protect natural and cultural resources, provide and maintain appropriate access and recreation for visitors, provide safety precautions for visitors and staff, maintain physical and natural infrastructure, provide information and respond to stakeholders and the general public, conduct tribal consultation, provide for administrative support, manage energy and minerals resources, and carry out other activities in support of effectively managing the National Conservation Lands and other public lands in a timely manner. United States Fish And Wildlife Service resource management (including transfer of funds) For necessary expenses of the United States Fish and Wildlife Service, as authorized by law, and for scientific and economic studies, general administration, and for the performance of other authorized functions related to such resources, $1,451,515,000, to remain available until September 30, 2027, of which not to exceed $15,000 may be for official reception and representation expenses: Provided, That not to exceed $14,000,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) (except for processing petitions, developing and issuing proposed and final regulations, and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii) of such section): Provided further, That of the amount appropriated under this heading, $19,115,000, to remain available until September 30, 2028, shall be for projects specified for Stewardship Priorities in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That amounts in the preceding proviso may be transferred to the appropriate program, project, or activity under this heading and shall continue to only be available for the purposes and in such amounts as such funds were originally appropriated. construction For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife resources, and the acquisition of lands and interests therein; $14,709,000, to remain available until expended: Provided, That of the amounts made available under this heading, $1,000,000 is for the project specified for Line Item Construction Projects in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). cooperative endangered species conservation fund For expenses necessary to carry out section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535), $22,202,000, to remain available until expended, to be derived from the Cooperative Endangered Species Conservation Fund. national wildlife refuge fund For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $13,228,000. north american wetlands conservation fund For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), $49,000,000, to remain available until expended. neotropical migratory bird conservation For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.), $5,000,000, to remain available until expended. multinational species conservation fund For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $21,000,000, to remain available until expended. state and tribal wildlife grants For wildlife conservation grants to States and to the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, and Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished, $73,812,000, to remain available until expended: Provided, That of the amount provided herein, $6,200,000 is for a competitive grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $7,612,000 is for a competitive grant program to implement approved plans for States, territories, and other jurisdictions and at the discretion of affected States, the regional Associations of fish and wildlife agencies, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting $13,812,000 and administrative expenses, apportion the amount provided herein in the following manner: (1) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof: Provided further, That the Secretary of the Interior shall apportion the remaining amount in the following manner: (1) one-third of which is based on the ratio to which the land area of such State bears to the total land area of all such States; and (2) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States: Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount: Provided further, That the Federal share of planning grants shall not exceed 75 percent of the total costs of such projects and the Federal share of implementation grants shall not exceed 65 percent of the total costs of such projects: Provided further, That the non-Federal share of such projects may not be derived from Federal grant programs: Provided further, That any amount apportioned in 2026 to any State, territory, or other jurisdiction that remains unobligated as of September 30, 2027, shall be reapportioned, together with funds appropriated in 2028, in the manner provided herein. administrative provisions The United States Fish and Wildlife Service may carry out the operations of Service programs by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities. Appropriations and funds available to the United States Fish and Wildlife Service shall be available for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the purchase of land at not to exceed one dollar for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and to which the United States has title, and which are used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half the cost of printing either in cash or services and the Service determines the cooperator is capable of meeting accepted quality standards: Provided further, That the Service may accept donated aircraft as replacements for existing aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and approval shall be deposited under the heading “United States Fish and Wildlife Service—Resource Management” and shall be available to the Secretary, without further appropriation, to be used for expenses of processing of such non-toxic shot type or coating applications and revising regulations as necessary, and shall remain available until expended: Provided further, That the United States Fish and Wildlife Service shall maintain staffing levels in order to fulfill the mission required under title 16, title 43, and title 54, United States Code, including to protect natural and cultural resources, provide and maintain appropriate access and recreation for visitors, provide safety precautions for visitors and staff, maintain physical and natural infrastructure, provide information and respond to stakeholders and the general public, conduct tribal consultation, provide for administrative support, enforce Federal wildlife laws, protect species, uphold Acts, treaties, conventions and agreements to conserve, protect, and enhance fish, wildlife, plants, and their habitats, providing professional expertise to other agencies and international and private partners, and carry out other activities in support of effectively operating the National Fish Hatchery System and National Wildlife Refuge System and carrying out programs administered by the United States Fish and Wildlife Service in a timely manner. National Park Service operation of the national park system For expenses necessary for the management, operation, protection, and maintenance of areas and facilities administered by the National Park Service and for the general administration of the National Park Service, $2,877,195,000, of which $11,661,000 for planning and interagency coordination in support of Everglades restoration and $148,285,000 for maintenance, repair, or rehabilitation projects for constructed assets and $157,950,000 for cyclic maintenance projects for constructed assets and cultural resources and $12,500,000 for uses authorized by section 101122 of title 54, United States Code shall remain available until September 30, 2027, and not to exceed $15,000 may be for official reception and representative expenses: Provided, That funds appropriated under this heading in this Act are available for the purposes of section 5 of Public Law 95–348: Provided further, That notwithstanding section 9 of the 400 Years of African-American History Commission Act (36 U.S.C. note prec. 101; Public Law 115–102), $3,300,000 of the funds provided under this heading shall be made available for the purposes specified by that Act: Provided further, That sections 7(b) and 8 of that Act shall be amended by striking “July 1, 2025” and inserting “July 1, 2027”. In addition, for purposes described in section 2404 of Public Law 116–9, an amount equal to the amount deposited in this fiscal year into the National Park Medical Services Fund established pursuant to such section of such Act, to remain available until expended, shall be derived from such Fund. national recreation and preservation For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, and grant administration, not otherwise provided for, $91,596,000, to remain available until September 30, 2027, of which $250,000 shall be for projects specified for Statutory and Contractual Aid in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). historic preservation fund For expenses necessary in carrying out the National Historic Preservation Act (Title I of subtitle III of title 54, United States Code), $205,059,000, to be derived from the Historic Preservation Fund and to remain available until September 30, 2027, of which $25,500,000 shall be for Save America's Treasures grants for preservation of nationally significant sites, structures and artifacts as authorized by section 7303 of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 3089): Provided, That an individual Save America's Treasures grant shall be matched by non-Federal funds: Provided further, That individual projects shall only be eligible for one grant: Provided further, That all projects to be funded shall be approved by the Secretary of the Interior in consultation with the House and Senate Committees on Appropriations: Provided further,That of the funds provided for the Historic Preservation Fund, $1,250,000 is for competitive grants for the survey and nomination of properties to the National Register of Historic Places and as National Historic Landmarks associated with communities currently under-represented, as determined by the Secretary; $24,000,000 is for competitive grants to preserve the sites and stories of the African American Civil Rights movement; $5,000,000 is for competitive grants to preserve sites related to the struggle of all people to achieve equal rights in America; $11,000,000 is for grants to Historically Black Colleges and Universities; $7,906,000 is for competitive grants for the restoration of historic properties of national, State, and local significance listed on or eligible for inclusion on the National Register of Historic Places, to be made without imposing the usage or direct grant restrictions of section 101(e)(3) (54 U.S.C. 302904) of the National Historic Preservation Act; $4,907,000 is for a competitive grant program to honor the semiquincentennial anniversary of the United States by restoring and preserving sites and structures listed on the National Register of Historic Places that commemorate the founding of the nation; $62,150,000 is for State Historic Preservation Offices; $23,750,000 is for Tribal Historic Preservation Offices; and $15,596,000 is for projects specified for the Historic Preservation Fund in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That such competitive grants shall be made without imposing the matching requirements in section 302902(b)(3) of title 54, United States Code to States and Indian tribes as defined in chapter 3003 of such title, Native Hawaiian organizations, local governments, including Certified Local Governments, and non-profit organizations. construction For construction, improvements, repair, or replacement of physical facilities, and related equipment, and compliance and planning for programs and areas administered by the National Park Service, $88,461,000, of which $3,190,000 is for projects specified for Line item construction and maintenance in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), to remain available until expended: Provided, That notwithstanding any other provision of law, for any project initially funded in fiscal year 2026 with a future phase indicated in the National Park Service 5–Year Line Item Construction Plan, a single procurement may be issued which includes the full scope of the project: Provided further, That the solicitation and contract shall contain the clause availability of funds found at 48 CFR 52.232–18: Provided further, That National Park Service Donations, Park Concessions Franchise Fees, and Recreation Fees may be made available for the cost of adjustments and changes within the original scope of effort for projects funded by the National Park Service Construction appropriation: Provided further, That the Secretary of the Interior shall consult with the Committees on Appropriations, in accordance with current reprogramming thresholds, prior to making any changes authorized by this section. centennial challenge For expenses necessary to carry out the provisions of section 101701 of title 54, United States Code, relating to challenge cost share agreements, $5,000,000, to remain available until expended, for Centennial Challenge projects and programs: Provided, That not less than 50 percent of the total cost of each project or program shall be derived from non-Federal sources in the form of donated cash, assets, or a pledge of donation guaranteed by an irrevocable letter of credit. administrative provisions (including transfer of funds) In addition to other uses set forth in section 101917(c)(2) of title 54, United States Code, franchise fees credited to a sub-account shall be available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System to extinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the extent that the benefitting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount of funds used to extinguish or reduce liability. Franchise fees at the benefitting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract at the benefitting unit, in the amount of funds so expended to extinguish or reduce liability. For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of Public Law 109–432 (43 U.S.C. 1331 note), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. National Park Service funds may be transferred to the Federal Highway Administration (FHWA), Department of Transportation, for purposes authorized under 23 U.S.C. 203. Transfers may include a reasonable amount for FHWA administrative support costs. The National Park Service shall maintain staffing levels in order to fulfill the mission required under title 16, title 43, and title 54, United States Code, including to protect natural and cultural resources, provide and maintain appropriate access and recreation for visitors, provide safety precautions for visitors and staff, maintain physical and natural infrastructure, provide information and respond to stakeholders and the general public, conduct tribal consultation, provide for administrative support, administer historic and other preservation programs, and carry out other activities in support of effectively operating the National Park System and carrying out programs administered by the National Park Service in a timely manner. United States Geological Survey surveys, investigations, and research (including transfer of funds) For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program (30 U.S.C. 641); conduct inquiries into the economic conditions affecting mining and materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(a)(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the foregoing activities; $1,420,433,000, to remain available until September 30, 2027; of which $95,334,000 shall remain available until expended for satellite operations; and of which $74,840,000 shall be available until expended for deferred maintenance and capital improvement projects that exceed $100,000 in cost: Provided, That none of the funds provided for the ecosystem research activity shall be used to conduct new surveys on private property, unless specifically authorized in writing by the property owner: Provided further, That no part of this appropriation shall be used to pay more than one-half the cost of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities: Provided further, That of the amount appropriated under this heading, $2,250,000 shall be for projects specified for Special Initiatives in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That amounts in the preceding proviso may be transferred to the appropriate program, project, or activity under this heading and shall continue to only be available for the purposes and in such amounts as such funds were originally appropriated: Provided further, That of the amount appropriated under this heading, not to exceed $15,000 may be for official reception and representation expenses. administrative provisions From within the amount appropriated for activities of the United States Geological Survey such sums as are necessary shall be available for contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations, observation wells, and seismic equipment; expenses of the United States National Committee for Geological Sciences; and payment of compensation and expenses of persons employed by the Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts: Provided, That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements (including noncompetitive cooperative agreements with tribes) as defined in section 6302 of title 31, United States Code: Provided further, That the United States Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 6101, for the temporary or intermittent services of students or recent graduates, who shall be considered employees for the purpose of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purposes. Bureau Of Ocean Energy Management ocean energy management For expenses necessary for granting and administering leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf and approving operations related thereto, as authorized by law; for environmental studies, as authorized by law; for implementing other laws and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $191,128,000, of which $133,128,000 is to remain available until September 30, 2027, and of which $58,000,000 is to remain available until expended: Provided, That this total appropriation shall be reduced by amounts collected by the Secretary of the Interior and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Ocean Energy Management pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further, That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2026 appropriation estimated at not more than $133,128,000: Provided further, That not to exceed $3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities: Provided further, That not to exceed $5,000 shall be available for official reception and representation expenses. Bureau Of Safety And Environmental Enforcement offshore safety and environmental enforcement For expenses necessary for the regulation of operations related to leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf, as authorized by law; for enforcing and implementing laws and regulations as authorized by law and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $160,751,000, of which $128,871,000, including not to exceed $3,000 for official reception and representation expenses, is to remain available until September 30, 2027, and of which $31,880,000 is to remain available until expended, including $2,880,000 for offshore decommissioning activities: Provided, That this total appropriation shall be reduced by amounts collected by the Secretary of the Interior and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Safety and Environmental Enforcement pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further, That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2026 appropriation estimated at not more than $131,751,000. For an additional amount, $36,000,000, to remain available until expended, to be reduced by amounts collected by the Secretary and credited to this appropriation, which shall be derived from non-refundable inspection fees collected in fiscal year 2026, as provided in this Act: Provided, That for fiscal year 2026, not less than 50 percent of the inspection fees expended by the Bureau of Safety and Environmental Enforcement will be used to fund personnel and mission-related costs to expand capacity and expedite the orderly development, subject to environmental safeguards, of the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), including the review of applications for permits to drill. oil spill research For necessary expenses to carry out title I, section 1016; title IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of the Oil Pollution Act of 1990, $15,099,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. Office Of Surface Mining Reclamation And Enforcement regulation and technology For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, $117,575,000, to remain available until September 30, 2027, of which $63,700,000 shall be available for State and tribal regulatory grants, and of which not to exceed $5,000 may be for official reception and representation expenses: Provided, That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. In addition, for costs to review, administer, and enforce permits issued by the Office pursuant to section 507 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to remain available until expended: Provided, That fees assessed and collected by the Office pursuant to such section 507 shall be credited to this account as discretionary offsetting collections, to remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as collections are received during the fiscal year, so as to result in a fiscal year 2026 appropriation estimated at not more than $117,575,000. abandoned mine reclamation fund For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, $32,975,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97–365, the Department of the Interior is authorized to use up to 20 percent from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: Provided further, That funds made available under title IV of Public Law 95–87 may be used for any required non-Federal share of the cost of projects funded by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act: Provided further, That amounts provided under this heading may be used for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training: Provided further, That of the amounts provided under this heading, not to exceed $5,000 shall be available for official reception and representation expenses. In addition, $134,000,000, to remain available until expended, for payments to States and federally recognized Indian tribes for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That such additional amount shall be used for economic and community development in conjunction with the priorities described in section 403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of such additional amount, $88,500,000 shall be distributed in equal amounts to the three Appalachian States with the greatest amount of unfunded needs to meet the priorities described in paragraphs (1) and (2) of such section, $33,750,000 shall be distributed in equal amounts to the three Appalachian States with the subsequent greatest amount of unfunded needs to meet such priorities, and $11,750,000 shall be for grants to federally recognized Indian tribes, without regard to their status as certified or uncertified under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) and shall be used for economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977: Provided further, That such payments shall be made to States and federally recognized Indian tribes not later than 90 days after the date of the enactment of this Act: Provided further, That if payments have not been made by the date specified in the preceding proviso, the amount appropriated for salaries and expenses under the heading “Office of Surface Mining Reclamation and Enforcement” shall be reduced by $100,000 per day until such payments have been made. Indian Affairs Bureau Of Indian Affairs operation of indian programs (including transfers of funds) For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13) and the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), $1,933,200,000, to remain available until September 30, 2027, except as otherwise provided herein; of which not to exceed $15,000 may be for official reception and representation expenses; of which not to exceed $78,494,000 shall be for welfare assistance payments: Provided, That in cases of designated Federal disasters, the Secretary of the Interior may exceed such cap for welfare payments from the amounts provided herein, to provide for disaster relief to Indian communities affected by the disaster: Provided further, That federally recognized Indian tribes and tribal organizations of federally recognized Indian tribes may use their tribal priority allocations for unmet welfare assistance costs: Provided further, That not to exceed $71,495,000 shall remain available until expended for housing improvement, road maintenance, land acquisition, attorney fees, litigation support, land records improvement, hearings and appeals, and the Navajo-Hopi Settlement Program: Provided further, That of the amount appropriated under this heading, $8,491,000 shall be for projects specified for Special Initiatives (CDS) in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That any forestry funds allocated to a federally recognized tribe which remain unobligated as of September 30, 2027, may be transferred during fiscal year 2028 to an Indian forest land assistance account established for the benefit of the holder of the funds within the holder’s trust fund account: Provided further, That any such unobligated balances not so transferred shall expire on September 30, 2028: Provided further, That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel: Provided further, That not to exceed $7,096,000 of funds made available under this heading may, as needed, be transferred to “Office of the Secretary—Departmental Operations” for trust, probate, and administrative functions: Provided further, That the Bureau of Indian Affairs may accept transfers of funds from United States Customs and Border Protection to supplement any other funding available for reconstruction or repair of roads owned by the Bureau of Indian Affairs as identified on the National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1). indian land consolidation For the acquisition of fractional interests to further land consolidation as authorized under the Indian Land Consolidation Act Amendments of 2000 (Public Law 106–462), and the American Indian Probate Reform Act of 2004 (Public Law 108–374), $4,000,000, to remain available until expended: Provided, That any provision of the Indian Land Consolidation Act Amendments of 2000 (Public Law 106–462) that requires or otherwise relates to application of a lien shall not apply to the acquisitions funded herein. contract support costs For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs and the Bureau of Indian Education for fiscal year 2026, such sums as may be necessary, which shall be available for obligation through September 30, 2027: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. payments for tribal leases For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2026, such sums as may be necessary, which shall be available for obligation through September 30, 2027: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. construction (including transfer of funds) For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483; $135,780,000, to remain available until expended: Provided, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation: Provided further, That any funds provided for the Safety of Dams program pursuant to the Indian Dams Safety Act of 1994 (25 U.S.C. 3804), shall be made available on a nonreimbursable basis: Provided further, That this appropriation may be reimbursed from the Bureau of Trust Funds Administration appropriation for the appropriate share of construction costs for space expansion needed in agency offices to meet trust reform implementation: Provided further, That of the funds made available under this heading, $10,000,000 shall be derived from the Indian Irrigation Fund established by section 3211 of the WIIN Act (Public Law 114–322): Provided further, That amounts provided under this heading are made available for the modernization of Federal field communication capabilities, in addition to amounts otherwise made available for such purpose. indian land and water claim settlements and miscellaneous payments to indians For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 101–618, and 117–349 and for implementation of other land and water rights settlements, $976,000, to remain available until expended. indian guaranteed loan program account For the cost of guaranteed loans and insured loans, $13,329,000, to remain available until September 30, 2027, of which $2,125,000 is for administrative expenses, as authorized by the Indian Financing Act of 1974: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to exceed $227,318,923. Bureau Of Indian Education operation of indian education programs For expenses necessary for the operation of Indian education programs, as authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,131,617,000 to remain available until September 30, 2027, except as otherwise provided herein: Provided, That federally recognized Indian tribes and tribal organizations of federally recognized Indian tribes may use their tribal priority allocations for unmet welfare assistance costs: Provided further, That not to exceed $833,592,000 for school operations costs of Bureau-funded schools and other education programs shall become available on June 1, 2026, and shall remain available until September 30, 2027: Provided further, That notwithstanding any other provision of law, including but not limited to the Indian Self–Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed $95,822,000 within and only from such amounts made available for school operations shall be available for administrative cost grants associated with grants approved prior to June 1, 2026: Provided further, That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel. education construction For construction, repair, improvement, and maintenance of buildings, utilities, and other facilities necessary for the operation of Indian education programs, including architectural and engineering services by contract; acquisition of lands, and interests in lands; $234,725,000, to remain available until expended: Provided, That in order to ensure timely completion of construction projects, the Secretary of the Interior may assume control of a project and all funds related to the project, if, not later than 18 months after the date of the enactment of this Act, any Public Law 100–297 (25 U.S.C. 2501, et seq.) grantee receiving funds appropriated in this Act or in any prior Act, has not completed the planning and design phase of the project and commenced construction. administrative provisions The Bureau of Indian Affairs and the Bureau of Indian Education may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants, either directly or in cooperation with States and other organizations. Notwithstanding Public Law 87–279 (25 U.S.C. 15), the Bureau of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power Division of the San Carlos Irrigation Project. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs or the Bureau of Indian Education for central office oversight and Executive Direction and Administrative Services (except Executive Direction and Administrative Services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs or the Bureau of Indian Education under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413). In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs or the Bureau of Indian Education, this action shall not diminish the Federal Government’s trust responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe’s ability to access future appropriations. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Education, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 5342 et seq., shall be available to support the operation of any elementary or secondary school in the State of Alaska. No funds available to the Bureau of Indian Education shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau of Indian Education school system as of October 1, 1995, except that the Secretary of the Interior may waive this prohibition to support expansion of up to one additional grade when the Secretary determines such waiver is needed to support accomplishment of the mission of the Bureau of Indian Education, or more than one grade to expand the elementary grade structure for Bureau-funded schools with a K–2 grade structure on October 1, 1996. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau’s funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that a charter school that is in existence on the date of the enactment of this Act and that has operated at a Bureau-funded school before September 1, 1999, may continue to operate during that period, but only if the charter school pays to the Bureau a pro rata share of funds to reimburse the Bureau for the use of the real and personal property (including buses and vans), the funds of the charter school are kept separate and apart from Bureau funds, and the Bureau does not assume any obligation for charter school programs of the State in which the school is located if the charter school loses such funding. Employees of Bureau-funded schools sharing a campus with a charter school and performing functions related to the charter school’s operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States Code. Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106–113, if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public Law 101–301, the Secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section 5(f) distribution formula. Funds available under this Act may not be used to establish satellite locations of schools in the Bureau school system as of September 1, 1996, except that the Secretary may waive this prohibition in order for an Indian tribe to provide language and cultural immersion educational programs for non-public schools located within the jurisdictional area of the tribal government which exclusively serve tribal members, do not include grades beyond those currently served at the existing Bureau-funded school, provide an educational environment with educator presence and academic facilities comparable to the Bureau-funded school, comply with all applicable Tribal, Federal, or State health and safety standards, and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts to students such as those caused by busing students extended distances: Provided, That no funds available under this Act may be used to fund operations, maintenance, rehabilitation, construction, or other facilities-related costs for such assets that are not owned by the Bureau: Provided further, That the term “satellite school” means a school location physically separated from the existing Bureau school by more than 50 miles but that forms part of the existing school in all other respects. Funds made available for Tribal Priority Allocations within Operation of Indian Programs and Operation of Indian Education Programs may be used to execute requested adjustments in tribal priority allocations initiated by an Indian tribe. Bureau Of Trust Funds Administration federal trust programs (including transfer of funds) For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $100,009,000, to remain available until expended, of which not to exceed $17,152,000 from this or any other Act, may be available for settlement support: Provided, That funds for trust management improvements and litigation support may, as needed, be transferred to or merged with the Bureau of Indian Affairs, “Operation of Indian Programs” and Bureau of Indian Education, “Operation of Indian Education Programs” accounts; the Office of the Solicitor, “Salaries and Expenses” account; and the Office of the Secretary, “Departmental Operations” account: Provided further, That funds made available through contracts or grants obligated during fiscal year 2026, as authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until expended by the contractor or grantee: Provided further, That notwithstanding any other provision of law, the Secretary shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for at least 15 months and has a balance of $15 or less: Provided further, That the Secretary shall issue an annual account statement and maintain a record of any such accounts and shall permit the balance in each such account to be withdrawn upon the express written request of the account holder: Provided further, That not to exceed $100,000 is available for the Secretary to make payments to correct administrative errors of either disbursements from or deposits to Individual Indian Money or Tribal accounts after September 30, 2002: Provided further, That erroneous payments that are recovered shall be credited to and remain available in this account for this purpose: Provided further, That the Secretary shall not be required to reconcile Special Deposit Accounts with a balance of less than $500 unless the Bureau of Trust Funds Administration receives proof of ownership from a Special Deposit Accounts claimant: Provided further, That notwithstanding section 102 of the American Indian Trust Fund Management Reform Act of 1994 (Public Law 103–412) or any other provision of law, the Secretary may aggregate the trust accounts of individuals whose whereabouts are unknown for a continuous period of at least 5 years and shall not be required to generate periodic statements of performance for the individual accounts: Provided further, That with respect to the preceding proviso, the Secretary shall continue to maintain sufficient records to determine the balance of the individual accounts, including any accrued interest and income, and such funds shall remain available to the individual account holders. Departmental Offices Office Of The Secretary departmental operations (including transfer of funds) For necessary expenses for management of the Department of the Interior and for grants and cooperative agreements, as authorized by law, $131,012,000, to remain available until September 30, 2027; of which not to exceed $15,000 may be for official reception and representation expenses; of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with the orderly closure of the United States Bureau of Mines; and of which $14,295,000 for Indian land, mineral, and resource valuation activities shall remain available until expended: Provided, That funds for Indian land, mineral, and resource valuation activities may, as needed, be transferred to and merged with the Bureau of Indian Affairs “Operation of Indian Programs” and Bureau of Indian Education “Operation of Indian Education Programs” accounts and the Bureau of Trust Funds Administration “Federal Trust Programs” account: Provided further, That funds made available through contracts or grants obligated during fiscal year 2026, as authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until expended by the contractor or grantee. administrative provisions For fiscal year 2026, up to $550,000 of the payments authorized by chapter 69 of title 31, United States Code, may be retained for administrative expenses of the Payments in Lieu of Taxes Program: Provided, That the amounts provided under this Act specifically for the Payments in Lieu of Taxes program are the only amounts available for payments authorized under chapter 69 of title 31, United States Code: Provided further, That in the event the sums appropriated for any fiscal year for payments pursuant to this chapter are insufficient to make the full payments authorized by that chapter to all units of local government, then the payment to each local government shall be made proportionally: Provided further, That the Secretary may make adjustments to payment to individual units of local government to correct for prior overpayments or underpayments: Provided further, That no payment shall be made pursuant to that chapter to otherwise eligible units of local government if the computed amount of the payment is less than $100. Insular Affairs assistance to territories For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior and other jurisdictions identified in section 104(e) of Public Law 108–188, $117,217,000, of which: (1) $105,395,000 shall remain available until expended for territorial assistance, including general technical assistance, maintenance assistance, disaster assistance, coral reef initiative and natural resources activities, and brown tree snake control and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the Government of American Samoa, in addition to current local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands, as authorized by law; grants to the Government of Guam, as authorized by law; and grants to the Government of the Northern Mariana Islands, as authorized by law (Public Law 94–241; 90 Stat. 272); and (2) $11,822,000 shall be available until September 30, 2027, for salaries and expenses of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code: Provided further, That Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 104–134: Provided further, That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to timely maintenance of its capital assets: Provided further, That any appropriation for disaster assistance under this heading in this Act or previous appropriations Acts may be used as non-Federal matching funds for the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c). compact of free association For grants and necessary expenses, $813,000, to remain available until expended, to support Federal services and programs provided to the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia. Administrative Provisions (including transfer of funds) At the request of the Governor of Guam, the Secretary may transfer discretionary funds or mandatory funds provided under section 104(e) of Public Law 108–188 and Public Law 104–134, that are allocated for Guam, to the Secretary of Agriculture for the subsidy cost of direct or guaranteed loans, plus not to exceed three percent of the amount of the subsidy transferred for the cost of loan administration, for the purposes authorized by the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair projects in Guam, and such funds shall remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such loans or loan guarantees may be made without regard to the population of the area, credit elsewhere requirements, and restrictions on the types of eligible entities under the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act: Provided further, That any funds transferred to the Secretary of Agriculture shall be in addition to funds otherwise made available to make or guarantee loans under such authorities. Office Of The Solicitor salaries and expenses For necessary expenses of the Office of the Solicitor, $84,181,000, to remain available until September 30, 2027. Office Of Inspector General salaries and expenses For necessary expenses of the Office of Inspector General, $65,000,000. Department-wide Programs wildland fire management (including transfers of funds) For necessary expenses for fire preparedness, fire suppression operations, fire science and research, emergency rehabilitation, fuels management activities, and rural fire assistance by the Department of the Interior, $1,147,171,000, of which $383,657,000 shall remain available until expended, of which not to exceed $10,000,000 shall be for the renovation or construction of fire facilities: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided further, That of the funds provided $214,450,000 is for fuels management activities: Provided further, That of the funds provided, $10,000,000 is for burned area rehabilitation: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property, may be credited to the appropriation from which funds were expended to provide that protection, and are available without fiscal year limitation: Provided further, That using the amounts designated under this title of this Act, the Secretary of the Interior may enter into procurement contracts, grants, or cooperative agreements, for fuels management activities, and for training and monitoring associated with such fuels management activities on Federal land, or on adjacent non-Federal land for activities that benefit resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of fuels management activities, may obtain maximum practicable competition among: (1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, Public Lands Corps (Public Law 109–154), or related partnerships with State, local, or nonprofit youth groups; (3) small or micro-businesses; or (4) other entities that will hire or train locally a significant percentage, defined as 50 percent or more, of the project workforce to complete such contracts: Provided further, That in implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further, That funds appropriated under this heading may be used to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior may use wildland fire appropriations to enter into leases of real property with local governments, at or below fair market value, to construct capitalized improvements for fire facilities on such leased properties, including but not limited to fire guard stations, retardant stations, and other initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated with the lease: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not to exceed $50,000,000 between the Departments when such transfers would facilitate and expedite wildland fire management programs and projects: Provided further, That funds provided for wildfire suppression shall be available for support of Federal emergency response actions: Provided further, That funds appropriated under this heading shall be available for assistance to or through the Department of State in connection with forest and rangeland research, technical information, and assistance in foreign countries, and, with the concurrence of the Secretary of State, shall be available to support forestry, wildland fire management, and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations: Provided further, That of the funds provided under this heading, $383,657,000 shall be available for wildfire suppression operations, and is provided to meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2026 budget enforcement in the House of Representatives. wildfire suppression operations reserve fund (including transfers of funds) In addition to the amounts provided under the heading “Department of the Interior—Department-Wide Programs—Wildland Fire Management” for wildfire suppression operations, $370,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2026 budget enforcement in the House of Representatives: Provided, That such amounts may be transferred to and merged with amounts made available under the headings “Department of Agriculture—Forest Service—Wildland Fire Management” and “Department of the Interior—Department-Wide Programs—Wildland Fire Management” for wildfire suppression operations in the fiscal year in which such amounts are transferred: Provided further, That amounts may be transferred to the “Wildland Fire Management” accounts in the Department of Agriculture or the Department of the Interior only upon the notification of the House and Senate Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided by law: Provided further, That, in determining whether all wildfire suppression operations funds appropriated under the heading “Wildland Fire Management” in this and prior appropriations Acts to either the Department of Agriculture or the Department of the Interior will be obligated within 30 days pursuant to the preceding proviso, any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded. central hazardous materials fund For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), $9,031,000, to remain available until expended. energy community revitalization program (including transfers of funds) For necessary expenses of the Department of the Interior to inventory, assess, decommission, reclaim, respond to hazardous substance releases, remediate lands pursuant to section 40704 of Public Law 117–58 (30 U.S.C. 1245), and carry out the purposes of section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended, $4,700,000, to remain available until expended: Provided, That such amount shall be in addition to amounts otherwise available for such purposes: Provided further, That amounts appropriated under this heading are available for program management and oversight of these activities: Provided further, That the Secretary may transfer the funds provided under this heading in this Act to any other account in the Department to carry out such purposes, and may expend such funds directly, or through grants: Provided further, That these amounts are not available to fulfill Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) obligations agreed to in settlement or imposed by a court, whether for payment of funds or for work to be performed. natural resource damage assessment and restoration natural resource damage assessment fund To conduct natural resource damage assessment, restoration activities, and onshore oil spill preparedness by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54 U.S.C. 100721 et seq., $6,500,000, to remain available until expended. working capital fund For the operation and maintenance of a departmental financial and business management system, data management, information technology improvements of general benefit to the Department, cybersecurity, and the consolidation of facilities and operations throughout the Department, $90,775,000, to remain available until expended: Provided, That none of the funds appropriated in this Act or any other Act may be used to establish reserves in the Working Capital Fund account other than for accrued annual leave and depreciation of equipment without prior approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the Secretary of the Interior may assess reasonable charges to State, local, and tribal government employees for training services provided by the National Indian Program Training Center, other than training related to Public Law 93–638: Provided further, That the Secretary may lease or otherwise provide space and related facilities, equipment, or professional services of the National Indian Program Training Center to State, local and tribal government employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a) of title 40, United States Code) at the prevailing rate for similar space, facilities, equipment, or services in the vicinity of the National Indian Program Training Center: Provided further, That all funds received pursuant to the two preceding provisos shall be credited to this account, shall be available until expended, and shall be used by the Secretary for necessary expenses of the National Indian Program Training Center: Provided further, That the Secretary may enter into grants and cooperative agreements to support the Office of Natural Resource Revenue’s collection and disbursement of royalties, fees, and other mineral revenue proceeds, as authorized by law. administrative provision There is hereby authorized for acquisition from available resources within the Working Capital Fund, aircraft which may be obtained by donation, purchase, or through available excess surplus property: Provided, That existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft. office of natural resources revenue For necessary expenses for management of the collection and disbursement of royalties, fees, and other mineral revenue proceeds, and for grants and cooperative agreements, as authorized by law, $159,850,000, to remain available until September 30, 2027; of which $55,916,000 shall remain available until expended for the purpose of mineral revenue management activities: Provided, That notwithstanding any other provision of law, $50,000 shall be available for refunds of overpayments in connection with certain Indian leases in which the Secretary of the Interior concurred with the claimed refund due, to pay amounts owed to Indian allottees or tribes, or to correct prior unrecoverable erroneous payments. General Provisions, Department Of The Interior (including transfers of funds) emergency transfer authority—intra-bureau Sec. 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary of the Interior, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible. emergency transfer authority—department-wide Sec. 102. The Secretary of the Interior may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into the environment; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 417(b) of Public Law 106–224 (7 U.S.C. 7717(b)); for emergency reclamation projects under section 410 of Public Law 95–87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for wildland fire operations, with such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further, That for wildland fire operations, no funds shall be made available under this authority until the Secretary determines that funds appropriated for “wildland fire suppression” shall be exhausted within 30 days: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred. authorized use of funds Sec. 103. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by section 3109 of title 5, United States Code, when authorized by the Secretary of the Interior, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. authorized use of funds, indian trust management Sec. 104. Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Bureau of Trust Funds Administration and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for settlement support activities shall not exceed amounts specifically designated in this Act for such purpose. The Secretary shall notify the House and Senate Committees on Appropriations within 60 days of the expenditure or transfer of any funds under this section, including the amount expended or transferred and how the funds will be used. redistribution of funds, bureau of indian affairs Sec. 105. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2026. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. ellis, governors, and liberty islands Sec. 106. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein, including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts, or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable: Provided, That for purposes of 54 U.S.C. 200306(a), such lands, waters, or interests acquired under this heading shall be considered to be within the exterior boundary of a System unit authorized or established. outer continental shelf inspection fees Sec. 107. (a) In fiscal year 2026, the Secretary of the Interior shall collect a nonrefundable inspection fee, which shall be deposited in the “Offshore Safety and Environmental Enforcement” account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c). (b) Annual fees shall be collected for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2026 shall be— (1) $10,500 for facilities with no wells, but with processing equipment or gathering lines; (2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (3) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells. (c) Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2026. Fees for fiscal year 2026 shall be— (1) $30,500 per inspection for rigs operating in water depths of 500 feet or more; and (2) $16,700 per inspection for rigs operating in water depths of less than 500 feet. (d) Fees for inspection of well operations conducted via non-rig units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be assessed for all inspections completed in fiscal year 2026. Fees for fiscal year 2026 shall be— (1) $13,260 per inspection for non-rig units operating in water depths of 2,500 feet or more; (2) $11,530 per inspection for non-rig units operating in water depths between 500 and 2,499 feet; and (3) $4,470 per inspection for non-rig units operating in water depths of less than 500 feet. (e) The Secretary shall bill designated operators under subsection (b) quarterly, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (d) with payment required by the end of the following quarter. contracts and agreements for wild horse and burro holding facilities Sec. 108. Notwithstanding any other provision of this Act, the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 3903 of title 41, United States Code (except that the 5-year term restriction in subsection (a) shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary. mass marking of salmonids Sec. 109. The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers. contracts and agreements with indian affairs Sec. 110. Notwithstanding any other provision of law, during fiscal year 2026, in carrying out work involving cooperation with State, local, and tribal governments or any political subdivision thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year. department of the interior experienced services program Sec. 111. (a) Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law. (b) Prior to awarding any grant or agreement under subsection (a), the Secretary shall ensure that the agreement would not— (1) result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits; (2) result in the use of an individual under the Department of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or (3) affect existing contracts for services. obligation of funds Sec. 112. Amounts appropriated by this Act to the Department of the Interior shall be available for obligation and expenditure not later than 60 days after the date of enactment of this Act. separation of accounts Sec. 113. The Secretary of the Interior, in order to implement an orderly transition to separate accounts of the Bureau of Indian Affairs and the Bureau of Indian Education, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in this Act. payments in lieu of taxes (pilt) Sec. 114. Section 6906 of title 31, United States Code, shall be applied by substituting “fiscal year 2026” for “fiscal year 2019”. disclosure of departure or alternate procedure approval Sec. 115. (a) Subject to subsection (b), in any case in which the Bureau of Safety and Environmental Enforcement or the Bureau of Ocean Energy Management prescribes or approves any departure or use of alternate procedure or equipment, in regards to a plan or permit, under 30 CFR 585.103; 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141; or 30 CFR 250.142, the head of such bureau shall post a description of such departure or alternate procedure or equipment use approval on such bureau’s publicly available website not more than 15 business days after such issuance. (b) The head of each bureau may exclude confidential business information. long bridge project Sec. 116. (a) Authorization of conveyance.—Hereafter, until the expiration of authority pursuant to subsection (e), on request by the State of Virginia or the District of Columbia for the purpose of the construction of rail and other infrastructure relating to the Long Bridge Project, the Secretary of the Interior may convey to the State or the District of Columbia, as applicable, all right, title, and interest of the United States in and to any portion of the approximately 4.4 acres of National Park Service land depicted as “Permanent Impact to NPS Land” on the Map dated May 15, 2020, that is identified by the State or the District of Columbia. (b) Terms and conditions.—Such conveyance of the National Park Service land under subsection (a) shall be subject to any terms and conditions that the Secretary may require. If such conveyed land is no longer being used for the purposes specified in this section, the lands or interests therein shall revert to the National Park Service after they have been restored or remediated to the satisfaction of the Secretary. (c) Corrections.—The Secretary and the State or the District of Columbia, as applicable, by mutual agreement, may— (1) make minor boundary adjustments to the National Park Service land to be conveyed to the State or the District of Columbia under subsection (a); and (2) correct any minor errors in the Map referred to in subsection (a). (d) Definitions.—For purposes of this section: (1) LONG BRIDGE PROJECT.—The term “Long Bridge Project” means the rail project, as identified by the Federal Railroad Administration, from Rosslyn (RO) Interlocking in Arlington, Virginia, to L’Enfant (LE) Interlocking in Washington, DC, which includes a bicycle and pedestrian bridge. (2) SECRETARY.—The term “Secretary” means the Secretary of the Interior, acting through the Director of the National Park Service. (3) STATE.—The term “State” means the State of Virginia. (e) Termination of authority.—The authority provided by this section shall expire once the conveyance described in subsection (a) has been completed. interagency motor pool Sec. 117. Notwithstanding any other provision of law or Federal regulation, federally recognized Indian tribes or authorized tribal organizations that receive Tribally-Controlled School Grants pursuant to Public Law 100–297 may obtain interagency motor vehicles and related services for performance of any activities carried out under such grants to the same extent as if they were contracting under the Indian Self-Determination and Education Assistance Act. appraiser pay authority Sec. 118. For fiscal year 2026, funds made available in this or any other Act or otherwise made available to the Department of the Interior for the Appraisal and Valuation Services Office may be used by the Secretary of the Interior to establish higher minimum rates of basic pay for employees of the Department of the Interior in the Appraiser (GS–1171) job series at grades 11 through 15 carrying out appraisals of real property and appraisal reviews conducted in support of the Department’s realty programs at rates no greater than 15 percent above the minimum rates of basic pay normally scheduled, and such higher rates shall be consistent with subsections (e) through (h) of section 5305 of title 5, United States Code. sage-grouse Sec. 119. None of the funds made available by this or any other Act may be used by the Secretary of the Interior to write or issue pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)— (1) a proposed rule for greater sage-grouse (Centrocercus urophasianus); (2) a proposed rule for the Columbia basin distinct population segment of greater sage-grouse. state conservation grants Sec. 120. For expenses necessary to carry out section 200305 of title 54, United States Code, the National Park Service may retain up to 7 percent of the State Conservation Grants program to provide to States, the District of Columbia, and insular areas, as matching grants to support state program administrative costs. historic preservation fund deposits Sec. 121. Section 303102 of title 54, United States Code, shall be applied by substituting “fiscal year 2026” for “fiscal year 2023”. interior authority for operating efficiencies Sec. 122. (a) In fiscal years 2026 and 2027, the Secretary of the Interior may authorize and execute agreements to achieve operating efficiencies among and between two or more component bureaus and offices through the following activities: (1) co-locating in offices and facilities leased or owned by any such component and sharing related utilities and equipment; (2) detailing or assigning staff on a non-reimbursable basis for up to 5 business days; and (3) sharing staff and equipment necessary to meet mission requirements. (b) The authority provided by subsection (a) is to support areas of mission alignment between and among component bureaus and offices or where geographic proximity allows for efficiencies. (c) Bureaus and offices entering into agreements authorized under subsections (a)(1) and (a)(3) shall bear costs for such agreements in a manner that reflects their approximate benefit and share of total costs, which may or may not include indirect costs. (d) In furtherance of the requirement in subsection (c), the Secretary of the Interior may make transfers of funds in advance or on a reimbursable basis. emergency law enforcement ceiling Sec. 123. Section 103101 of title 54, United States Code, is amended in subsection (c)(1) by striking “$250,000” and inserting “$500,000”. contribution authority extension Sec. 124. Section 113 of division G of Public Law 113–76, as amended by Public Law 116–6, is further amended by striking “2024” and inserting “2030”. limitation Sec. 125. If requested by the claimant of any mining claim located within the area covered by Public Land Order 7921, the Bureau of Land Management shall prioritize completion of a validity determination for such claim. The Bureau of Land Management shall strive to complete any such validity determination not later than 3 years of receipt of the request. renewal Sec. 126. The first section of Public Law 99–338 (100 Stat. 641) is amended— (1) by striking “3 renewals” and inserting “7 renewals”; and (2) by striking “of Southern California Edison Company”. field unit local hiring Sec. 127. The Secretary of the Interior may recruit and directly appoint qualified individuals into the competitive service who are certified as maintaining a permanent and exclusive residence in the vicinity of a field unit, into any position at or below grades GS–9 or WG–15 or equivalent within such field unit: Provided, That any action authorized herein shall be consistent with the merit principles of section 2301 of such title 5, and with the public notice requirements of section 3327 of such title 5: Provided further, That appointments under this authority shall be considered compliant with all applicable provisions of chapter 33 of title 5. grant application requirements Sec. 128. Section 1521 of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4441) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking “private,”; and (2) in subsection (c)(2)— (A) in subparagraph (A)— (i) by striking “be Native Hawaiians or” and inserting “include Native Hawaiians and”; and (ii) by striking the comma at the end and inserting “; and”; (B) by striking subparagraphs (B) through (D); (C) in subparagraph (E), by striking “of office”; and (D) by redesignating subparagraph (E) as subparagraph (B). TITLE II ENVIRONMENTAL PROTECTION AGENCY Science And Technology For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; necessary expenses for personnel and related costs and travel expenses; procurement of laboratory equipment and supplies; hire, maintenance, and operation of aircraft; and other operating expenses in support of research and development, $744,195,000, to remain available until September 30, 2027: Provided, That of the funds included under this heading, $27,253,000 shall be for Research: National Priorities as specified in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), of which $6,278,000 shall be for projects specified for Science and Technology in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). Environmental Programs And Management For environmental programs and management, including necessary expenses not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; administrative costs of the brownfields program under the Small Business Liability Relief and Brownfields Revitalization Act of 2002; implementation of a coal combustion residual permit program under section 2301 of the Water and Waste Act of 2016; and not to exceed $40,000 for official reception and representation expenses, $3,114,671,000, to remain available until September 30, 2027: Provided, That of amounts made available for Environmental Programs and Management, not less than $33,024,000 is to carry out the Energy Star Program pursuant to section 324(c) of the Energy Policy and Conservation Act (42 U.S.C. 6294a(c)): Provided further, That of the funds included under this heading, $30,000,000 shall be for grants, including for projects and implementation and training: Provided further, That for the funds provided in the preceding proviso not less than 10 percent shall be for any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1993 Small Area Income and Poverty Estimates, the 2000 decennial census, and the most recent Small Area Income and Poverty Estimates, or any territory or possession of the United States: Provided further, That of the funds included under this heading— (1) $30,700,000 shall be for Environmental Protection: National Priorities as specified in the explanatory statement described in section 4 (in the matter preceding title I of this consolidated division); (2) $390,202,000 shall be for Geographic Programs as specified in the explanatory statement described in section 4 (in the matter preceding title I of this division); and (3) $10,000,000, to remain available until expended, shall be for grants, including grants that may be awarded on a non-competitive basis, interagency agreements, and associated program support costs to establish and implement a program to assist Alaska Native Regional Corporations, Alaskan Native Village Corporations, federally-recognized tribes in Alaska, Alaska Native Non-Profit Organizations and Alaska Native Nonprofit Associations, and intertribal consortia comprised of Alaskan tribal entities to address contamination on lands conveyed under or pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that were or are contaminated at the time of conveyance and are on an inventory of such lands developed and maintained by the Environmental Protection Agency: Provided, That grants awarded using funds made available in this paragraph may be used by a recipient to supplement other funds provided by the Environmental Protection Agency through individual media or multi-media grants or cooperative agreements: Provided further, That of the amounts made available in this paragraph, in addition to amounts otherwise available for such purposes, the Environmental Protection Agency may reserve up to $2,000,000 for salaries, expenses, and administration of the program and for grants related to such program that address contamination on lands conveyed under or pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that were or are contaminated at the time of conveyance and are on the EPA inventory of such lands. In addition, $9,000,000, to remain available until expended, for necessary expenses of activities described in section 26(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That fees collected pursuant to that section of that Act and deposited in the “TSCA Service Fee Fund” as discretionary offsetting receipts in fiscal year 2026 shall be retained and used for necessary salaries and expenses in this appropriation and shall remain available until expended: Provided further, That the sum herein appropriated in this paragraph from the general fund for fiscal year 2026 shall be reduced by the amount of discretionary offsetting receipts received during fiscal year 2026, so as to result in a final fiscal year 2026 appropriation from the general fund estimated at not more than $0: Provided further, That to the extent that amounts realized from such receipts exceed $9,000,000, those amounts in excess of $9,000,000 shall be deposited in the “TSCA Service Fee Fund” as discretionary offsetting receipts in fiscal year 2026, shall be retained and used for necessary salaries and expenses in this account, and shall remain available until expended: Provided further, That of the funds included in the first paragraph under this heading, the Chemical Risk Review and Reduction program project shall be allocated for this fiscal year, excluding the amount of any fees appropriated, not less than the amount of appropriations for that program project for fiscal year 2014. Office Of Inspector General For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $43,250,000, to remain available until September 30, 2027: Provided, That the Office of Inspector General shall be subject to the terms, conditions, and requirements specified under this heading in Senate Report 118–83. Buildings And Facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $40,676,000, to remain available until expended. Hazardous Substance Superfund (including transfers of funds) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and hire, maintenance, and operation of aircraft, $282,749,000, to remain available until expended, consisting of such sums as are available in the Trust Fund on September 30, 2025, and not otherwise appropriated from the Trust Fund, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $282,749,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA: Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further, That of the funds appropriated under this heading, $11,328,000 shall be paid to the “Office of Inspector General” appropriation to remain available until September 30, 2027, and $17,607,000 shall be paid to the “Science and Technology” appropriation to remain available until September 30, 2027: Provided further, That section 122(b)(3) of CERCLA (42 U.S.C. 9622(b)(3)) shall be applied in this fiscal year by inserting before the period: “, including for the hire, maintenance, and operation of aircraft”: Provided further, That the matter preceding the first proviso in section 443(b) of title IV of division G of the Consolidated Appropriations Act, 2023 (Public Law 117–328) shall be applied in this fiscal year by inserting before the semicolon “, including for the hire, maintenance, and operation of aircraft”: Provided further, That amounts repurposed pursuant to the preceding proviso shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. Leaking Underground Storage Tank Trust Fund Program For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid Waste Disposal Act, $88,903,000, to remain available until expended, of which $64,583,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act; and $24,320,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code: Provided, That the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the development and implementation of programs to manage underground storage tanks. Inland Oil Spill Programs For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, including hire, maintenance, and operation of aircraft, $20,561,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. State And Tribal Assistance Grants For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $4,409,609,000, to remain available until expended, of which— (1) $1,638,861,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act; and of which $1,126,101,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, That $892,762,272 of the funds made available for capitalization grants for the Clean Water State Revolving Funds and $715,364,627 of the funds made available for capitalization grants for the Drinking Water State Revolving Funds shall be for the construction of drinking water, wastewater, and storm water infrastructure and for water quality protection in accordance with the terms and conditions specified for such grants in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) for projects specified for “STAG—Drinking Water State Revolving Fund” and “STAG—Clean Water State Revolving Fund” in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), and, for purposes of these grants, each grantee shall contribute not less than 20 percent of the cost of the project unless the grantee is approved for a waiver by the Agency: Provided further, That $13,300,000 of the funds appropriated under this heading for capitalization grants for the Clean Water State Revolving Funds and for capitalization grants for the Drinking Water State Revolving Funds, in addition to amounts otherwise available for such purposes, may be used by the Administrator for salaries, expenses, and administration for Community Project Funding Items/Congressionally Directed Spending Items: Provided further, That for fiscal year 2026, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use Plans, not less than 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants shall be used by the State for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That for fiscal year 2026, funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants may, at the discretion of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That the Administrator is authorized to use up to $1,500,000 of funds made available for the Clean Water State Revolving Funds under this heading under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381) to conduct the Clean Watersheds Needs Survey: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 2026 and prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2026, notwithstanding the provisions of subsections (g)(1), (h), and (l) of section 201 of the Federal Water Pollution Control Act, grants made under title II of such Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, the United States Virgin Islands, and the District of Columbia may also be made for the purpose of providing assistance: (1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2026, notwithstanding the provisions of such subsections (g)(1), (h), and (l) of section 201 and section 518(c) of the Federal Water Pollution Control Act, funds reserved by the Administrator for grants under section 518(c) of the Federal Water Pollution Control Act may also be used to provide assistance: (1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2026, notwithstanding any provision of the Federal Water Pollution Control Act and regulations issued pursuant thereof, up to a total of $2,000,000 of the funds reserved by the Administrator for grants under section 518(c) of such Act may also be used for grants for training, technical assistance, and educational programs relating to the operation and management of the treatment works specified in section 518(c) of such Act: Provided further, That for fiscal year 2026, funds reserved under section 518(c) of such Act shall be available for grants only to Indian tribes, as defined in section 518(h) of such Act and former Indian reservations in Oklahoma (as determined by the Secretary of the Interior) and Native Villages as defined in Public Law 92–203: Provided further, That for fiscal year 2026, notwithstanding the limitation on amounts in section 518(c) of the Federal Water Pollution Control Act, up to a total of 2 percent of the funds appropriated, or $30,000,000, whichever is greater, and notwithstanding the limitation on amounts in section 1452(i) of the Safe Drinking Water Act, up to a total of 2 percent of the funds appropriated, or $20,000,000, whichever is greater, for State Revolving Funds under such Acts may be reserved by the Administrator for grants under section 518(c) and section 1452(i) of such Acts: Provided further, That for fiscal year 2026, notwithstanding the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of the aggregate funds appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section 518(c) of the Act, may be reserved by the Administrator for grants made under title II of the Federal Water Pollution Control Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and United States Virgin Islands: Provided further, That for fiscal year 2026, notwithstanding the limitations on amounts specified in section 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs under the Safe Drinking Water Act may be reserved by the Administrator for grants made under section 1452(j) of the Safe Drinking Water Act: Provided further, That 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants and 14 percent of the funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination of these), and shall be so used by the State only where such funds are provided as initial financing for an eligible recipient or to buy, refinance, or restructure the debt obligations of eligible recipients only where such debt was incurred on or after the date of enactment of this Act, or where such debt was incurred prior to the date of enactment of this Act if the State, with concurrence from the Administrator, determines that such funds could be used to help address a threat to public health from heightened exposure to lead in drinking water or if a Federal or State emergency declaration has been issued due to a threat to public health from heightened exposure to lead in a municipal drinking water supply before the date of enactment of this Act: Provided further, That in a State in which such an emergency declaration has been issued, the State may use more than 14 percent of the funds made available under this title to the State for Drinking Water State Revolving Fund capitalization grants to provide additional subsidy to eligible recipients: Provided further, That notwithstanding section 1452(o) of the Safe Drinking Water Act (42 U.S.C. 300j–12(o)), the Administrator shall reserve up to $12,000,000 of the amounts made available for fiscal year 2026 for making capitalization grants for the Drinking Water State Revolving Funds to pay the costs of monitoring for unregulated contaminants under section 1445(a)(2)(C) of such Act: Provided further, That the funds made available under this heading for Community Project Funding/Congressionally Directed Spending grants in this or prior appropriations Acts are not subject to compliance with Federal procurement requirements for competition and methods of procurement applicable to Federal financial assistance, if a Community Project Funding/Congressionally Directed Spending recipient has procured services or products through contracts entered into prior to the date of enactment of this legislation that complied with state and/or local laws governing competition; (2) $35,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission: Provided, That no funds provided by this appropriations Act to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure; (3) $39,000,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages: Provided, That of these funds: (A) the State of Alaska shall provide a match of 25 percent; (B) no more than 5 percent of the funds may be used for administrative and overhead expenses; and (C) the State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency and the U.S. Department of Agriculture for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; (4) $98,000,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided, That at least 10 percent shall be allocated for assistance in persistent poverty counties: Provided further, That for purposes of this section, the term “persistent poverty counties” means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1993 Small Area Income and Poverty Estimates, the 2000 decennial census, and the most recent Small Area Income and Poverty Estimates, or any territory or possession of the United States; (5) $90,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of 2005; (6) $67,800,000 shall be for targeted airshed grants in accordance with the terms and conditions in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act); (7) $28,500,000 shall be for grants under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a): Provided, That for fiscal year 2026, funds provided under subsections (a) through (j) of such section of such Act may be used— (A) by a State to provide assistance to benefit one or more owners of drinking water wells that are not public water systems or connected to a public water system for necessary and appropriate activities related to a contaminant pursuant to subsection (j) of such section of such Act; and (B) to support a community described in subsection (c)(2) of such section of such Act; (8) $28,000,000 shall be for grants under section 1464(d) of the Safe Drinking Water Act (42 U.S.C. 300j–24(d)); (9) $22,000,000 shall be for grants under section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j–19b); (10) $6,500,000 shall be for grants under section 1459A(l) of the Safe Drinking Water Act (42 U.S.C. 300j–19a(l)); (11) $25,500,000 shall be for grants under section 104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C. 1254(b)(8)); (12) $41,000,000 shall be for grants under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301); (13) $5,400,000 shall be for grants under section 4304(b) of the America’s Water Infrastructure Act of 2018 (Public Law 115–270); (14) $3,500,000 shall be for carrying out section 302(a) of the Save Our Seas 2.0 Act (33 U.S.C. 4282(a)), of which not more than 2 percent shall be for administrative costs to carry out such section: Provided, That notwithstanding section 302(a) of such Act, the Administrator may also provide grants pursuant to such authority to intertribal consortia consistent with the requirements in 40 CFR 35.504(a), to former Indian reservations in Oklahoma (as determined by the Secretary of the Interior), and Alaska Native Villages as defined in Public Law 92–203; (15) $8,500,000 shall be for grants under section 103(b)(3) of the Clean Air Act for wildfire smoke preparedness grants in accordance with the terms and conditions in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That not more than 3 percent shall be for administrative costs to carry out such section; (16) $20,364,000 shall be for State and Tribal Assistance Grants to be allocated in the amounts specified for those projects and for the purposes delineated in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) for remediation, construction, and related environmental management activities in accordance with the terms and conditions specified for such grants in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act); (17) $2,250,000 shall be for grants under section 1459F of the Safe Drinking Water Act (42 U.S.C. 300j–19g); (18) $4,000,000 shall be for carrying out section 2001 of the America’s Water Infrastructure Act of 2018 (Public Law 115–270, 42 U.S.C. 300j–3c note): Provided, That the Administrator may award grants to and enter into contracts with tribes, intertribal consortia, public or private agencies, institutions, organizations, and individuals, without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41, United States Code, and enter into interagency agreements as appropriate; (19) $2,000,000 shall be for grants under section 50217(b) of the Infrastructure Investment and Jobs Act (33 U.S.C. 1302f(b); Public Law 117–58); (20) $3,500,000 shall be for grants under section 124 of the Federal Water Pollution Control Act (33 U.S.C. 1276); (21) $2,000,000 shall be for grants for remediation of above ground leaking fuel tanks pursuant to Public Law 106–554; (22) $2,000,000 shall be for grants under section 220 of the Federal Water Pollution Control Act (33 U.S.C. 1300); and (23) $1,109,833,000 shall be for grants, including associated program support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement, and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104–134, and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities subject to terms and conditions specified by the Administrator, and under section 2301 of the Water and Waste Act of 2016 to assist States in developing and implementing programs for control of coal combustion residuals, of which: $46,250,000 shall be for carrying out section 128 of CERCLA; $9,500,000 shall be for Environmental Information Exchange Network grants, including associated program support costs; $1,475,000 shall be for grants to States under section 2007(f)(2) of the Solid Waste Disposal Act, which shall be in addition to funds appropriated under the heading “Leaking Underground Storage Tank Trust Fund Program” to carry out the provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code other than section 9003(h) of the Solid Waste Disposal Act; $18,512,000 of the funds available for grants under section 106 of the Federal Water Pollution Control Act shall be for State participation in national- and State-level statistical surveys of water resources and enhancements to State monitoring programs. Water Infrastructure Finance And Innovation Program Account For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $64,634,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $12,500,000,000: Provided further, That of the funds made available under this heading, $5,000,000 shall be used solely for the cost of direct loans and for the cost of guaranteed loans for projects described in section 5026(9) of the Water Infrastructure Finance and Innovation Act of 2014 to State infrastructure financing authorities, as authorized by section 5033(e) of such Act: Provided further, That the use of direct loans or loan guarantee authority under this heading for direct loans or commitments to guarantee loans for any project shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading “Water Infrastructure Finance and Innovation Program Account” in division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94): Provided further, That none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Administrator and the Director of the Office of Management and Budget have certified in advance in writing that the direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in the previous proviso: Provided further, That, for the purposes of carrying out the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Administrator shall promptly provide, documentation and information relating to a project identified in a Letter of Interest submitted to the Administrator pursuant to a Notice of Funding Availability for applications for credit assistance under the Water Infrastructure Finance and Innovation Act Program, including with respect to a project that was initiated or completed before the date of enactment of this Act. In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $7,640,000, to remain available until September 30, 2027. Administrative Provisions—environmental Protection Agency (including transfers of funds) For fiscal year 2026, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency’s function to implement directly Federal environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial assistance agreements. The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8), to remain available until expended. Notwithstanding section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w–8(d)(2)), the Administrator of the Environmental Protection Agency may assess fees under section 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2026. The Administrator of the Environmental Protection Agency is authorized to collect and obligate fees in accordance with section 3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2026, to remain available until expended. The Administrator is authorized to transfer up to $369,000,000 of the funds appropriated for the Great Lakes Restoration Initiative under the heading “Environmental Programs and Management” to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support the Great Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs, projects, or activities; to enter into an interagency agreement with the head of such Federal department or agency to carry out these activities; and to make grants to governmental entities, nonprofit organizations, institutions, and individuals for planning, research, monitoring, outreach, and implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement. The Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities, provided that the cost does not exceed $300,000 per project. For fiscal year 2026, and notwithstanding section 518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of the Act to make grants to Indian tribes pursuant to sections 319(h) and 518(e) of that Act. The Administrator is authorized to use the amounts appropriated under the heading “Environmental Programs and Management” for fiscal year 2026 to provide grants to implement the Southeast New England Watershed Restoration Program. Notwithstanding the limitations on amounts in section 320(i)(2)(B) of the Federal Water Pollution Control Act, not less than $2,500,000 of the funds made available under this title for the National Estuary Program shall be for making competitive awards described in section 320(g)(4). For fiscal year 2026, the Office of Chemical Safety and Pollution Prevention and the Office of Water may, using funds appropriated under the headings “Environmental Programs and Management” and “Science and Technology”, contract directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 5, for the temporary or intermittent personal services of students or recent graduates, who shall be considered employees for the purposes of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purpose: Provided, That amounts used for this purpose by the Office of Chemical Safety and Pollution Prevention and the Office of Water collectively may not exceed $2,000,000. In this fiscal year and each fiscal year through 2031, the Administrator may, after consultation with the Office of Personnel Management, employ up to 100 persons at any one time at the Environmental Protection Agency pursuant to the authority provided in 42 U.S.C. 209. The Environmental Protection Agency shall maintain staffing levels in order to fulfill the mission and statutory obligations of the agency, including Section 2(f) of the Environmental Research, Development, and Demonstration Authorization Act of 1981 (42 U.S.C. 4363). The Environmental Protection agency shall provide the Committees on Appropriations of the House of Representatives and Senate with copies of any available Department of Treasury quarterly certification of trust fund receipts collected from section 13601 of Public Law 117–169 and section 80201 of Public Law 117–58, an annual operating plan for such receipts showing amounts allocated by program area and program project, and quarterly reports for such receipts of obligated balances by program area and program project. TITLE III RELATED AGENCIES DEPARTMENT OF AGRICULTURE office of the under secretary for natural resources and environment For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $780,000: Provided, That funds made available by this Act to any agency in the Natural Resources and Environment mission area for salaries and expenses are available to fund up to one administrative support staff for the office. Forest Service forest service operations (including transfers of funds) For necessary expenses of the Forest Service, not otherwise provided for, $1,090,600,000, of which $944,114,000 shall remain available through September 30, 2029: Provided, That a portion of the funds made available under this heading shall be for the base salary and expenses of employees in the Chief’s Office, the Work Environment and Performance Office, the Business Operations Deputy Area, and the Chief Financial Officer’s Office to carry out administrative and general management support functions: Provided further, That funds provided under this heading shall be available for the costs of facility maintenance, repairs, and leases for buildings and sites where these administrative, general management and other Forest Service support functions take place; the costs of all utility and telecommunication expenses of the Forest Service, as well as business services; and, for information technology, including cybersecurity requirements: Provided further, That funds provided under this heading may be used for necessary expenses to carry out administrative and general management support functions of the Forest Service not otherwise provided for and necessary for its operation. forest and rangeland research For necessary expenses of forest and rangeland research as authorized by law, $308,697,000, to remain available through September 30, 2029: Provided, That of the funds provided, $32,197,000 is for the forest inventory and analysis program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute amounts made available under this heading, are also available in the utilization of funds for Fire Science Research. state, private, and tribal forestry For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, tribes, and others, and for forest health management, including for invasive plants, and conducting an international program and trade compliance activities as authorized, $310,594,000, to remain available through September 30, 2029, as authorized by law, of which $18,094,000 shall be for projects specified for Forest Resource Information and Analysis in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). national forest system For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for hazardous fuels management on or adjacent to such lands, $1,857,843,000, to remain available through September 30, 2029: Provided, That of the funds provided, $31,000,000 shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restoration treatments as authorized by 16 U.S.C. 7303(f): Provided further, That for the funds provided in the preceding proviso, section 4003(d)(3)(A) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(A)) shall be applied by substituting “20” for “10” and section 4003(d)(3)(B) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(B)) shall be applied by substituting “4” for “2”: Provided further, That of the funds provided, $39,000,000 shall be for forest products: Provided further, That of the funds provided, $176,850,000 shall be for hazardous fuels management activities, of which not to exceed $30,000,000 may be used to make grants, using any authorities available to the Forest Service under the “State, Private, and Tribal Forestry” appropriation, for the purpose of creating incentives for increased use of biomass from National Forest System lands: Provided further, That $20,000,000 may be used by the Secretary of Agriculture to enter into procurement contracts or cooperative agreements or to issue grants for hazardous fuels management activities, and for training or monitoring associated with such hazardous fuels management activities on Federal land, or on non-Federal land if the Secretary determines such activities benefit resources on Federal land: Provided further, That funds made available to implement the Community Forest Restoration Act, Public Law 106–393, title VI, shall be available for use on non-Federal lands in accordance with authorities made available to the Forest Service under the “State, Private, and Tribal Forestry” appropriation: Provided further, That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for grazing on a National Grassland, may provide a credit of up to 50 percent of the calculated fee to a Grazing Association or direct permittee for a conservation practice approved by the Secretary in advance of the fiscal year in which the cost of the conservation practice is incurred, and that the amount credited shall remain available to the Grazing Association or the direct permittee, as appropriate, in the fiscal year in which the credit is made and each fiscal year thereafter for use on the project for conservation practices approved by the Secretary: Provided further, That funds appropriated to this account shall be available for the base salary and expenses of employees that carry out the functions funded by the “Capital Improvement and Maintenance” account, the “Range Betterment Fund” account, and the “Management of National Forest Lands for Subsistence Uses” account. capital improvement and maintenance (including transfer of funds) For necessary expenses of the Forest Service, not otherwise provided for, $153,250,000, to remain available through September 30, 2029, for construction, capital improvement, maintenance, and acquisition of buildings and other facilities and infrastructure; for construction, reconstruction, and decommissioning of roads that are no longer needed, including unauthorized roads that are not part of the transportation system; and for maintenance of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, That $6,000,000 shall be for activities authorized by 16 U.S.C. 538(a): Provided further, That $20,850,000 shall be for projects specified for Construction Projects in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That funds becoming available in fiscal year 2026 under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund of the Treasury and shall not be available for transfer or obligation for any other purpose unless the funds are appropriated. acquisition of lands for national forests special acts For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California; and the Ozark-St. Francis and Ouachita National Forests, Arkansas; as authorized by law, $664,000, to be derived from forest receipts. acquisition of lands to complete land exchanges For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities, and for authorized expenditures from funds deposited by non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 (16 U.S.C. 484a), to remain available through September 30, 2029, (16 U.S.C. 516–617a, 555a; Public Law 96–586; Public Law 76–589, Public Law 76–591; and Public Law 78–310). range betterment fund For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 401(b)(1) of Public Law 94–579, to remain available through September 30, 2029, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. gifts, donations and bequests for forest and rangeland research For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain available through September 30, 2029, to be derived from the fund established pursuant to the above Act. management of national forest lands for subsistence uses For necessary expenses of the Forest Service to manage Federal lands in Alaska for subsistence uses under title VIII of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), $1,099,000, to remain available through September 30, 2029. wildland fire management (including transfers of funds) For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency wildland fire suppression on or adjacent to such lands or other lands under fire protection agreement, and for emergency rehabilitation of burned-over National Forest System lands and water, $2,426,111,000, to remain available until expended: Provided, That such funds, including unobligated balances under this heading, are available for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further, That any unobligated funds appropriated in a previous fiscal year for hazardous fuels management may be transferred to the “National Forest System” account: Provided further, That such funds shall be available to reimburse State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management agency: Provided further, That funds provided shall be available for support to Federal emergency response: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That of the funds provided under this heading, $1,011,000,000 shall be available for wildfire suppression operations, and is provided to meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2026 budget enforcement in the House of Representatives. wildfire suppression operations reserve fund (including transfers of funds) In addition to the amounts provided under the heading “Department of Agriculture—Forest Service—Wildland Fire Management” for wildfire suppression operations, $2,480,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2026 budget enforcement in the House of Representatives: Provided, That such amounts may be transferred to and merged with amounts made available under the headings “Department of the Interior—Department-Wide Programs—Wildland Fire Management” and “Department of Agriculture—Forest Service—Wildland Fire Management” for wildfire suppression operations in the fiscal year in which such amounts are transferred: Provided further, That amounts may be transferred to the “Wildland Fire Management” accounts in the Department of the Interior or the Department of Agriculture only upon the notification of the House and Senate Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided by law: Provided further, That, in determining whether all wildfire suppression operations funds appropriated under the heading “Wildland Fire Management” in this and prior appropriations Acts to either the Department of Agriculture or the Department of the Interior will be obligated within 30 days pursuant to the preceding proviso, any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded. communications site administration (including transfer of funds) Amounts collected in this fiscal year pursuant to section 8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115–334), shall be deposited in the special account established by section 8705(f)(1) of such Act, shall be available to cover the costs described in subsection (c)(3) of such section of such Act, and shall remain available until expended: Provided, That such amounts shall be transferred to the “National Forest System” account. administrative provisions—forest service (including transfers of funds) Appropriations to the Forest Service for the current fiscal year shall be available for: (1) purchase of passenger motor vehicles; acquisition of passenger motor vehicles from excess sources, and hire of such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft to maintain the operable fleet for use in Forest Service wildland fire programs and other Forest Service programs; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in accordance with 31 U.S.C. 3718(c). Funds made available to the Forest Service in this Act may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94): Provided, That any transfer of funds pursuant to this paragraph shall not increase or decrease the funds appropriated to any account in this fiscal year by more than ten percent: Provided further, That such transfer authority is in addition to any other transfer authority provided by law. Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary of Agriculture’s notification of the House and Senate Committees on Appropriations that all fire suppression funds appropriated under the heading “Wildland Fire Management” will be obligated within 30 days: Provided, That all funds used pursuant to this paragraph must be replenished by a supplemental appropriation which must be requested as promptly as possible. Not more than $50,000,000 of funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels management, and State fire assistance when such transfers would facilitate and expedite wildland fire management programs and projects. Notwithstanding any other provision of this Act, the Forest Service may transfer unobligated balances of discretionary funds appropriated to the Forest Service by this Act to or within the National Forest System Account, or reprogram funds to be used for the purposes of hazardous fuels management and urgent rehabilitation of burned-over National Forest System lands and water: Provided, That such transferred funds shall remain available through September 30, 2029: Provided further, That none of the funds transferred pursuant to this paragraph shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress. Funds appropriated to the Forest Service shall be available for assistance to or through the U.S. Department of State and other Federal agencies in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States government, private sector, and international organizations: Provided, That amounts made available for International Programs and Trade may utilize all authorities related to forestry, research, and cooperative assistance regardless of program designations. Funds appropriated to the Forest Service shall be available to enter into a cooperative agreement with the section 509(a)(3) Supporting Organization, “Forest Service International Foundation” to assist the Foundation in meeting administrative, project, and other expenses, and may provide the Foundation's use of Forest Service personnel and facilities. Funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for the performance of cadastral surveys to designate the boundaries of such lands. None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 106–224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107–171 (7 U.S.C. 8316(b)). Not more than $82,000,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges: Provided, That nothing in this paragraph shall prohibit or limit the use of reimbursable agreements requested by the Forest Service in order to obtain information technology services, including telecommunications and system modifications or enhancements, from the Working Capital Fund of the Department of Agriculture. Of the funds available to the Forest Service, up to $5,000,000 shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). Of the funds available to the Forest Service, $4,000 is available to the Chief of the Forest Service for official reception and representation expenses. Pursuant to sections 405(b) and 410(b) of Public Law 101–593, of the funds available to the Forest Service, up to $3,000,000 may be advanced in a lump sum to the National Forest Foundation to aid conservation partnership projects in support of the Forest Service mission, without regard to when the Foundation incurs expenses, for projects on or benefitting National Forest System lands or related to Forest Service programs: Provided, That of the Federal funds made available to the Foundation, no more than $300,000 shall be available for administrative expenses: Provided further, That the Foundation shall obtain, by the end of the period of Federal financial assistance, private contributions to match funds made available by the Forest Service on at least a one-for-one basis: Provided further, That the Foundation may transfer Federal funds to a Federal or a non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Pursuant to section 2(b)(2) of Public Law 98–244, up to $3,000,000 of the funds available to the Forest Service may be advanced to the National Fish and Wildlife Foundation in a lump sum to aid cost-share conservation projects, without regard to when expenses are incurred, on or benefitting National Forest System lands or related to Forest Service programs: Provided, That such funds shall be matched on at least a one-for-one basis by the Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Any amounts made available to the Forest Service in this fiscal year, including available collections, may be used by the Secretary of Agriculture, acting through the Chief of the Forest Service, to enter into Federal financial assistance grants and cooperative agreements to support forest or grassland collaboratives in the accomplishment of activities benefitting both the public and the National Forest System, Federal lands and adjacent non-Federal lands. Eligible activities are those that will improve or enhance Federal investments, resources, or lands, including for collaborative and collaboration-based activities, including but not limited to facilitation, planning, and implementing projects, technical assistance, administrative functions, operational support, participant costs, and other capacity support needs, as identified by the Forest Service. Eligible recipients are Indian tribal entities (defined at 25 U.S.C. 5304(e)), state government, local governments, private and nonprofit entities, for-profit organizations, and educational institutions. The Secretary of Agriculture, acting through the Chief of the Forest Service, may enter into such cooperative agreements notwithstanding chapter 63 of title 31 when the Secretary determines that the public interest will be benefited and that there exists a mutual interest other than monetary considerations. Transactions subject to Title 2 of the Code of Federal Regulations shall be publicly advertised and require competition when required by such Title 2. For those transactions not subject to Title 2 of the Code of Federal Regulations, the agency may require public advertising and competition when deemed appropriate. The term “forest and grassland collaboratives” means groups of individuals or entities with diverse interests participating in a cooperative process to share knowledge, ideas, and resources about the protection, restoration, or enhancement of natural and other resources on Federal and adjacent non-Federal lands, the improvement or maintenance of public access to Federal lands, or the reduction of risk to such lands caused by natural disasters. The 19th unnumbered paragraph under the heading “Administrative Provisions, Forest Service” in title III of Public Law 109–54 is amended in the first sentence by inserting “and future Acts” after “funds available to the Forest Service in this Act” and by striking “prior to the date of enactment of this Act”. Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes. Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–663. Any funds appropriated to the Forest Service may be used to meet the non-Federal share requirement in section 502(c) of the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)). The Forest Service shall not assess funds for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning. Notwithstanding any other provision of law, of any appropriations or funds available to the Forest Service, not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar matters unrelated to civil litigation: Provided, That future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously transferred and the sums requested for transfer. An eligible individual who is employed in any project funded under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and administered by the Forest Service shall be considered to be a Federal employee for purposes of chapter 171 of title 28, United States Code. The Forest Service may employ or contract with an individual who is enrolled in a training program at a longstanding Civilian Conservation Center (as defined in section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d))) at regular rates of pay for necessary hours of work on National Forest System lands. Funds appropriated to the Forest Service shall be available to pay, from a single account, the base salary and expenses of employees who carry out functions funded by other accounts for Enterprise Program, Geospatial Technology and Applications Center, National Applications Liaison Office, Job Corps, and National Technology and Development Program. The Forest Service shall maintain staffing levels in order to fulfill the mission required under title 7, title 16, title 30, title 43, and title 54, United States Code, including to protect natural and cultural resources, provide and maintain appropriate access and recreation for visitors, provide safety precautions for visitors and staff, maintain physical and natural infrastructure, provide information and respond to stakeholders and the general public, conduct tribal consultation, provide for administrative support, administer forestry assistance programs, provide technical assistance to states, tribes and private landowners, manage energy and minerals resources, and carry out other activities in support of effectively operating the National Forest System and carrying out programs administered by the Forest Service in a timely manner. DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service indian health services For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles II and III of the Public Health Service Act with respect to the Indian Health Service, $66,993,000, to remain available until September 30, 2027, except as otherwise provided herein, which shall be in addition to funds previously appropriated under this heading that became available on October 1, 2025; in addition, $264,702,000, to remain available until September 30, 2027, for the Electronic Health Record System and the Indian Healthcare Improvement Fund, of which $74,138,000 is for the Indian Health Care Improvement Fund and may be used, as needed, to carry out activities typically funded under the Indian Health Facilities account; and, in addition, $4,789,731,000, which shall become available on October 1, 2026, and remain available through September 30, 2028, except as otherwise provided herein; together with payments received during the fiscal year pursuant to sections 231(b) and 233 of the Public Health Service Act (42 U.S.C. 238(b) and 238b), for services furnished by the Indian Health Service: Provided, That funds made available to tribes and tribal organizations through contracts, grant agreements, or any other agreements or compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), shall be deemed to be obligated at the time of the grant or contract award and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That from the amounts that become available on October 1, 2026, $2,500,000 shall be available for grants or contracts with public or private institutions to provide alcohol or drug treatment services to Indians, including alcohol detoxification services: Provided further, That from the amounts that become available on October 1, 2026, $996,755,000 shall remain available until expended for Purchased/Referred Care: Provided further, That of the total amount specified in the preceding proviso for Purchased/Referred Care, $54,000,000 shall be for the Indian Catastrophic Health Emergency Fund: Provided further, That from the amounts that become available on October 1, 2026, up to $53,000,000 shall remain available until expended for implementation of the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further, That from the amounts that become available on October 1, 2026, $58,000,000, to remain available until expended, shall be for costs related to or resulting from accreditation emergencies, including supplementing activities funded under the heading “Indian Health Facilities”, of which up to $4,000,000 may be used to supplement amounts otherwise available for Purchased/Referred Care: Provided further, That the amounts collected by the Federal Government as authorized by sections 104 and 108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal year for breach of contracts shall be deposited in the Fund authorized by section 108A of that Act (25 U.S.C. 1616a–1) and shall remain available until expended and, notwithstanding section 108A(c) of that Act (25 U.S.C. 1616a–1(c)), funds shall be available to make new awards under the loan repayment and scholarship programs under sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided further, That the amounts made available within this account for the Substance Abuse and Suicide Prevention Program, for Opioid Prevention, Treatment and Recovery Services, for the Domestic Violence Prevention Program, for the Zero Suicide Initiative, for the housing subsidy authority for civilian employees, for Aftercare Pilot Programs at Youth Regional Treatment Centers, for transformation and modernization costs of the Indian Health Service Electronic Health Record system, for national quality and oversight activities, to improve collections from public and private insurance at Indian Health Service and tribally operated facilities, for an initiative to treat or reduce the transmission of HIV and HCV, for a maternal health initiative, for the Telebehaviorial Health Center of Excellence, for Alzheimer’s activities, for Village Built Clinics, for a produce prescription pilot, and for accreditation emergencies shall be allocated at the discretion of the Director of the Indian Health Service and shall remain available until expended: Provided further, That funds provided in this Act may be used for annual contracts and grants that fall within 2 fiscal years, provided the total obligation is recorded in the year the funds are appropriated: Provided further, That the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended for the purpose of achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act, except for those related to the planning, design, or construction of new facilities: Provided further, That funding contained herein for scholarship programs under the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended: Provided further, That amounts received by tribes and tribal organizations under title IV of the Indian Health Care Improvement Act shall be reported and accounted for and available to the receiving tribes and tribal organizations until expended: Provided further, That the Bureau of Indian Affairs may collect from the Indian Health Service, and from tribes and tribal organizations operating health facilities pursuant to Public Law 93–638, such individually identifiable health information relating to disabled children as may be necessary for the purpose of carrying out its functions under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.): Provided further, That none of the funds provided that become available on October 1, 2026, may be used for implementation of the Electronic Health Record System or the Indian Health Care Improvement Fund: Provided further, That none of the funds appropriated by this Act, or any other Act, to the Indian Health Service for the Electronic Health Record system shall be available for obligation or expenditure for the selection or implementation of a new Information Technology infrastructure system, unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 90 days in advance of such obligation. contract support costs For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Indian Health Service for fiscal year 2026, such sums as may be necessary: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account: Provided further, That amounts obligated but not expended by a tribe or tribal organization for contract support costs for such agreements for the current fiscal year shall be applied to contract support costs due for such agreements for subsequent fiscal years. payments for tribal leases For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2026, such sums as may be necessary, which shall be available for obligation through September 30, 2027: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. indian health facilities For construction, repair, maintenance, demolition, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, and the Indian Health Care Improvement Act, and for expenses necessary to carry out such Acts and titles II and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health Service, $5,826,000, to remain available until expended, which shall be in addition to funds previously appropriated under this heading that became available on October 1, 2025; in addition, $292,622,000, to remain available until expended, for Sanitation Facilities Construction and Health Care Facilities Construction; and, in addition, $516,600,000, which shall become available on October 1, 2026, and remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation, or expansion of health facilities for the benefit of an Indian tribe or tribes may be used to purchase land on which such facilities will be located: Provided further, That not to exceed $500,000 may be used for fiscal year 2027 by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian Health Service and tribal facilities: Provided further, That none of the funds provided that become available on October 1, 2026, may be used for Health Care Facilities Construction or for Sanitation Facilities Construction: Provided further, That of the amount appropriated under this heading for fiscal year 2026 for Sanitation Facilities Construction, $17,039,000 shall be for projects specified for Sanitation Facilities Construction (CDS) in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That none of the funds appropriated to the Indian Health Service may be used for sanitation facilities construction for new homes funded with grants by the housing programs of the United States Department of Housing and Urban Development. administrative provisions—indian health service Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 at rates not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation, and erection of modular buildings and renovation of existing facilities; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary of Health and Human Services; uniforms, or allowances therefor as authorized by 5 U.S.C. 5901–5902; and for expenses of attendance at meetings that relate to the functions or activities of the Indian Health Service: Provided, That in accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651–2653) shall be credited to the account of the facility providing the service and shall be available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development to the Indian Health Service shall be administered under Public Law 86–121, the Indian Sanitation Facilities Act and Public Law 93–638: Provided further, That funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: Provided further, That none of the funds made available to the Indian Health Service in this Act shall be used for any assessments or charges by the Department of Health and Human Services unless such assessments or charges are identified in the budget justification and provided in this Act, or approved by the House and Senate Committees on Appropriations through the reprogramming process: Provided further, That notwithstanding any other provision of law, funds previously or herein made available to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), may be deobligated and reobligated to a self-determination contract under title I, or a self-governance agreement under title V of such Act and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That none of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law: Provided further, That with respect to functions transferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities on a reimbursable basis, including payments in advance with subsequent adjustment, and the reimbursements received therefrom, along with the funds received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation account from which the funds were originally derived, with such amounts to remain available until expended: Provided further, That reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead costs associated with the provision of goods, services, or technical assistance: Provided further, That the Indian Health Service may provide to civilian medical personnel serving in hospitals operated by the Indian Health Service housing allowances equivalent to those that would be provided to members of the Commissioned Corps of the United States Public Health Service serving in similar positions at such hospitals: Provided further, That the appropriation structure for the Indian Health Service may not be altered without advance notification to the House and Senate Committees on Appropriations. National Institutes Of Health national institute of environmental health sciences For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986, $77,100,000. Agency For Toxic Substances And Disease Registry toxic substances and environmental public health For necessary expenses for the Agency for Toxic Substances and Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and section 3019 of the Solid Waste Disposal Act, $79,800,000: Provided, That notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited healthcare providers: Provided further, That in performing any such health assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That none of the funds appropriated under this heading shall be available for ATSDR to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 2026, and existing profiles may be updated as necessary. OTHER RELATED AGENCIES Executive Office Of The President council on environmental quality and office of environmental quality For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $4,629,000: Provided, That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council. Chemical Safety And Hazard Investigation Board salaries and expenses For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902, the rental of space, and for services authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376, $14,000,000: Provided, That the Chemical Safety and Hazard Investigation Board (Board) shall have not more than three career Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to the position of Inspector General of the Environmental Protection Agency (EPA) shall, by virtue of such appointment, also hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector General of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions within the Board. Institute Of American Indian And Alaska Native Culture And Arts Development payment to the institute For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by part A of title XV of Public Law 99–498 (20 U.S.C. 4411 et seq.), $13,482,000, which shall become available on July 1, 2026, and shall remain available until September 30, 2027. Smithsonian Institution salaries and expenses For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease agreements of no more than 30 years, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for employees, $928,500,000, to remain available until September 30, 2027, except as otherwise provided herein; of which not to exceed $27,000,000 for the instrumentation program, collections acquisition, exhibition reinstallation, Smithsonian American Women's History Museum, National Museum of the American Latino, and the repatriation of skeletal remains program shall remain available until expended; and including such funds as may be necessary to support American overseas research centers: Provided, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations: Provided further, That the Smithsonian Institution may expend Federal appropriations designated in this Act for lease or rent payments, as rent payable to the Smithsonian Institution, and such rent payments may be deposited into the general trust funds of the Institution to be available as trust funds for expenses associated with the purchase of a portion of the building at 600 Maryland Avenue, SW, Washington, DC, to the extent that federally supported activities will be housed there: Provided further, That the use of such amounts in the general trust funds of the Institution for such purpose shall not be construed as Federal debt service for, a Federal guarantee of, a transfer of risk to, or an obligation of the Federal Government: Provided further, That no appropriated funds may be used directly to service debt which is incurred to finance the costs of acquiring a portion of the building at 600 Maryland Avenue, SW, Washington, DC, or of planning, designing, and constructing improvements to such building: Provided further, That any agreement entered into by the Smithsonian Institution for the sale of its ownership interest, or any portion thereof, in such building so acquired may not take effect until the expiration of a 30 day period which begins on the date on which the Secretary of the Smithsonian submits to the Committees on Appropriations of the House of Representatives and Senate, the Committees on House Administration and Transportation and Infrastructure of the House of Representatives, and the Committee on Rules and Administration of the Senate a report, as outlined in the explanatory statement described in section 4 of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2536) on the intended sale. facilities capital For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), and for construction, including necessary personnel, $152,000,000, to remain available until expended, of which not to exceed $10,000 shall be for services as authorized by 5 U.S.C. 3109. National Gallery Of Art salaries and expenses For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, 76th Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901–5902); purchase or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and purchase of services for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $185,000,000, to remain available until September 30, 2027, of which not to exceed $3,893,000 for the special exhibition program shall remain available until expended. repair, restoration and renovation of buildings For necessary expenses of repair, restoration, and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, for operating lease agreements of no more than 10 years, that address space needs created by the ongoing renovations in the Master Facilities Plan, as authorized, $19,000,000, to remain available until expended: Provided, That funds made available in prior Acts under this heading for the design and construction of an off-site art storage facility in partnership with the Smithsonian Institution may be used for the repair, restoration, and renovation of other National Gallery of Art buildings, grounds, and facilities: Provided further, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. John F. Kennedy Center For The Performing Arts operations and maintenance For necessary expenses for the operation, maintenance, and security of the John F. Kennedy Center for the Performing Arts, including rent of temporary office space in the District of Columbia during renovations of such Center, $32,340,000, to remain available until September 30, 2027. capital repair and restoration For necessary expenses for capital repair and restoration of the existing features of the building and site of the John F. Kennedy Center for the Performing Arts, $4,860,000, to remain available until expended. Woodrow Wilson International Center For Scholars salaries and expenses For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109, $5,000,000, to remain available until September 30, 2027. National Foundation On The Arts And The Humanities National Endowment For The Arts grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $207,000,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts, including arts education and public outreach activities, through assistance to organizations and individuals pursuant to section 5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended. National Endowment For The Humanities grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $207,000,000, to remain available until expended, of which $192,000,000 shall be available for support of activities in the humanities, pursuant to section 7(c) of the Act and for administering the functions of the Act; and $15,000,000 shall be available to carry out the matching grants program pursuant to section 10(a)(2) of the Act, including $13,000,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, devises of money, and other property accepted by the chairman or by grantees of the National Endowment for the Humanities under the provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated. Administrative Provisions None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided, That none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for official reception and representation expenses: Provided further, That funds from nonappropriated sources may be used as necessary for official reception and representation expenses: Provided further, That the Chairperson of the National Endowment for the Arts may approve grants of up to $10,000, if in the aggregate the amount of such grants does not exceed 5 percent of the sums appropriated for grantmaking purposes per year: Provided further, That such small grant actions are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the Chairperson. Commission Of Fine Arts salaries and expenses For expenses of the Commission of Fine Arts under chapter 91 of title 40, United States Code, $3,641,000: Provided, That the Commission is authorized to charge fees to cover the full costs of its publications, and such fees shall be credited to this account as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission is authorized to accept gifts, including objects, papers, artwork, drawings and artifacts, that pertain to the history and design of the Nation’s Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study, or education: Provided further, That one-tenth of 1 percent of the funds provided under this heading may be used for official reception and representation expenses. national capital arts and cultural affairs For necessary expenses as authorized by Public Law 99–190 (20 U.S.C. 956a), $5,000,000. Advisory Council On Historic Preservation salaries and expenses For necessary expenses of the Advisory Council on Historic Preservation (Public Law 89–665), $8,285,000. National Capital Planning Commission salaries and expenses For necessary expenses of the National Capital Planning Commission under chapter 87 of title 40, United States Code, including services as authorized by 5 U.S.C. 3109, $8,750,000: Provided, That one-quarter of 1 percent of the funds provided under this heading may be used for official reception and representational expenses associated with hosting international visitors engaged in the planning and physical development of world capitals. United States Holocaust Memorial Museum holocaust memorial museum For expenses of the Holocaust Memorial Museum, as authorized by Public Law 106–292 (36 U.S.C. 2301–2310), $65,231,000, to remain available until September 30, 2027, of which $1,000,000 shall remain available until September 30, 2028, for the Museum’s equipment replacement program; and of which $4,000,000 for the Museum’s repair and rehabilitation program and $1,264,000 for the Museum’s outreach initiatives program shall remain available until expended. United States Semiquincentennial Commission salaries and expenses For necessary expenses of the United States Semiquincentennial Commission to plan and coordinate observances and activities associated with the 250th anniversary of the founding of the United States, as authorized by Public Law 116–282, the technical amendments to Public Law 114–196, $15,000,000, to remain available until September 30, 2027. TITLE IV GENERAL PROVISIONS (including transfers of funds) restriction on use of funds Sec. 401. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913. obligation of appropriations Sec. 402. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. disclosure of administrative expenses Sec. 403. The amount and basis of estimated overhead charges, deductions, reserves, or holdbacks, including working capital fund charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for approval. mining applications Sec. 404. (a) Limitation of funds.—None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws. (b) Exceptions.—Subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were fully complied with by the applicant by that date. (c) Report.—On September 30, 2027, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 (Public Law 104–208). (d) Mineral examinations.—In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors. contract support costs, prior year limitation Sec. 405. Sections 405 and 406 of division F of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113–235) shall continue in effect in fiscal year 2026. contract support costs, fiscal year 2026 limitation Sec. 406. Amounts provided by this Act for fiscal year 2026 under the headings “Department of Health and Human Services, Indian Health Service, Contract Support Costs” and “Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Contract Support Costs” are the only amounts available for contract support costs arising out of self-determination or self-governance contracts, grants, compacts, or annual funding agreements for fiscal year 2026 with the Bureau of Indian Affairs, Bureau of Indian Education, and the Indian Health Service: Provided, That such amounts provided by this Act are not available for payment of claims for contract support costs for prior years, or for repayments of payments for settlements or judgments awarding contract support costs for prior years. forest management plans Sec. 407. The Secretary of Agriculture shall not be considered to be in violation of section 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis. prohibition within national monuments Sec. 408. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on January 20, 2001, except where such activities are allowed under the Presidential proclamation establishing such monument. limitation on takings Sec. 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the advance notification and approval of the House and Senate Committees on Appropriations: Provided, That this provision shall not apply to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes. prohibition on no-bid contracts Sec. 410. None of the funds appropriated or otherwise made available by this Act to executive branch agencies may be used to enter into any Federal contract unless such contract is entered into in accordance with the requirements of Chapter 33 of title 41, United States Code, or Chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless— (1) Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian tribes; (2) such contract is authorized by the Indian Self-Determination and Education Assistance Act (Public Law 93–638, 25 U.S.C. 5301 et seq.) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in section 4(e) of that Act (25 U.S.C. 5304(e)); or (3) such contract was awarded prior to the date of enactment of this Act. posting of reports Sec. 411. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. national endowment for the arts grant guidelines Sec. 412. Of the funds provided to the National Endowment for the Arts— (1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship. (2) The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services. (3) No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs or projects. national endowment for the arts program priorities Sec. 413. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations. (b) In this section: (1) The term “underserved population” means a population of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs due to factors such as a high incidence of income below the poverty line or to geographic isolation. (2) The term “poverty line” means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (c) In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts. (d) With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965— (1) the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States; (2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); (3) the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and (4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and education. status of balances of appropriations Sec. 414. The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity within 60 days of enactment of this Act. extension of grazing permits Sec. 415. The terms and conditions of section 325 of Public Law 108–108 (117 Stat. 1307), regarding grazing permits issued by the Forest Service on any lands not subject to administration under section 402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2026. funding prohibition Sec. 416. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. humane transfer and treatment of animals Sec. 417. (a) Notwithstanding any other provision of law, the Secretary of the Interior, with respect to land administered by the Bureau of Land Management, or the Secretary of Agriculture, with respect to land administered by the Forest Service (referred to in this section as the “Secretary concerned”), may transfer excess wild horses and burros that have been removed from land administered by the Secretary concerned to other Federal, State, and local government agencies for use as work animals. (b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency. (c) An excess wild horse or burro transferred under subsection (a) shall lose status as a wild free-roaming horse or burro (as defined in section 2 of Public Law 92–195 (commonly known as the “Wild Free-Roaming Horses and Burros Act”) (16 U.S.C. 1332)). (d) A Federal, State, or local government agency receiving an excess wild horse or burro pursuant to subsection (a) shall not— (1) destroy the horse or burro in a manner that results in the destruction of the horse or burro into a commercial product; (2) sell or otherwise transfer the horse or burro in a manner that results in the destruction of the horse or burro for processing into a commercial product; or (3) euthanize the horse or burro, except on the recommendation of a licensed veterinarian in a case of severe injury, illness, or advanced age. (e) Amounts appropriated by this Act shall not be available for— (1) the destruction of any healthy, unadopted, and wild horse or burro under the jurisdiction of the Secretary concerned (including a contractor); or (2) the sale of a wild horse or burro that results in the destruction of the wild horse or burro for processing into a commercial product. forest service facility realignment and enhancement authorization extension Sec. 418. Section 503(f) of Public Law 109–54 (16 U.S.C. 580d note) shall be applied by substituting “September 30, 2026” for “September 30, 2019”. use of american iron and steel Sec. 419. (a) (1) None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term “iron and steel” products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the “Administrator”) finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. local cooperator training agreements and transfers of excess equipment and supplies for wildfires Sec. 420. The Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. Notwithstanding section 121(c) of title 40, United States Code, or section 521 of title 40, United States Code, the Secretary is further authorized to transfer title to excess Department of the Interior firefighting equipment no longer needed to carry out the functions of the Department’s wildland fire management program to such organizations. reprogramming guidelines Sec. 421. None of the funds made available in this Act, in this and prior fiscal years, may be reprogrammed without the advance notification and approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). local contractors Sec. 422. Section 412 of division E of Public Law 112–74 shall be applied by substituting “fiscal year 2026” for “fiscal year 2019”. interpretive association authorization extension Sec. 423. Section 426 of division G of Public Law 113–76 (16 U.S.C. 565a–1 note) shall be applied by substituting “September 30, 2026” for “September 30, 2019”. forest botanical products fee collection authorization extension Sec. 424. Section 339 of the Department of the Interior and Related Agencies Appropriations Act, 2000 (as enacted into law by Public Law 106–113; 16 U.S.C. 528 note), as amended by section 335(6) of Public Law 108–108 and section 432 of Public Law 113–76, shall be applied by substituting “fiscal year 2026” for “fiscal year 2019”. chaco canyon Sec. 425. None of the funds made available by this Act may be used to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et seq., or to offer for oil and gas leasing, any Federal lands within the withdrawal area identified on the map of the Chaco Culture National Historical Park prepared by the Bureau of Land Management and dated April 2, 2019, prior to the completion of the cultural resources investigation identified in the explanatory statement described in section 4 in the matter preceding Title I of the Consolidated Appropriations Act, 2021 (Public Law 116–260). tribal leases Sec. 426. (a) Notwithstanding any other provision of law, in the case of any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)), the initial lease term shall commence no earlier than the date of receipt of the lease proposal. (b) The Secretaries of the Interior and Health and Human Services shall, jointly or separately, during fiscal year 2026 consult with tribes and tribal organizations through public solicitation and other means regarding the requirements for leases under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) on how to implement a consistent and transparent process for the payment of such leases. forest ecosystem health and recovery fund Sec. 427. The authority provided under the heading “Forest Ecosystem Health and Recovery Fund” in title I of Public Law 111–88, as amended by section 117 of division F of Public Law 113–235, shall be applied by substituting “fiscal year 2026” for “fiscal year 2020” each place it appears. allocation of projects, land and water conservation fund Sec. 428. (a) (1) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2026 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, for the projects specified under the accounts titled “Land Acquisition Projects” and “Forest Legacy Projects” in the Forest Service, and in the amounts specified in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That the matter preceding this proviso shall not apply to amounts in any account titled “Land Acquisition Projects” in the Bureau of Land Management, United States Fish and Wildlife Service, or National Park Service in such table. (2) (A) Within 30 days of enactment of this Act, the Secretary of the Interior shall provide to the House and Senate Committees on Appropriations project lists with project data sheets as described in subsection (c)(4), which shall include a sufficient number of projects to total the amounts for the account titled “Land Acquisition Projects” for each of the Bureau of Land Management, United States Fish and Wildlife Service, and National Park Service, as specified in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That on the date on which the Secretary of the Interior provides to the Committees on Appropriations such project lists with such project data sheets, the Secretary of the Interior shall provide to the Committees on Appropriations lists of supplementary allocations for Federal land acquisition projects for each of the Bureau of Land Management, United States Fish and Wildlife Service, and National Park Service that are prioritized and detailed by account, program, and project, and that total no less than half the full amount allocated to each such account for that land management Agency in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That expenditure of funds under this paragraph is a reprogramming and shall be subject to section 421 of this Act. (B) Within 45 days of the date on which a reprogramming is approved pursuant to the last proviso in subparagraph (A), the Secretary of the Interior shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2026 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the account titled “Land Acquisition Projects” for each of the Bureau of Land Management, United States Fish and Wildlife Service, and National Park Service, as applicable, in the amounts specified in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) and for the projects included in the project lists approved by the Committees on Appropriations in accordance with subparagraph (A). (3) If any portion of a project specified under the accounts titled “Land Acquisition Projects” and “Forest Legacy Projects” in the Forest Service in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) or for the projects included in the project lists approved by the Committees on Appropriations in accordance with subsection (a)(2)(A) is intended to be carried out within the Federal land unit or project boundary as specified in such table (or any prior allocation table incorporated by reference into a prior Act, as applicable) or project list but outside the specific tracts for the project described in the corresponding project data sheet submitted to the Committees on Appropriations required by section 200303(c)(1) of title 54, United States Code, or paragraph (2), not later than 30 days before the date on which the Secretary of the Interior or the Secretary of Agriculture expends amounts on the project, the Secretary of the Interior or the Secretary of Agriculture, as appropriate, shall provide written notice to the House and Senate Committees on Appropriations of such expenditure. (b) Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection (a) of section 200303 of title 54, United States Code, other than in amounts and for projects and activities that are allocated by subsection (a)(1) or in accordance with subsection (a)(2) of this section: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation of amounts for continuing administration of programs allocated funds from the Land and Water Conservation Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsections (a)(1) and (a)(2) of this section. (c) (1) Concurrent with the annual budget submission of the President for fiscal year 2027, the Secretary of Agriculture shall submit to the Committees on Appropriations a list of supplementary allocations for Federal land acquisition and Forest Legacy Projects at the Forest Service that are in addition to the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, that are prioritized and detailed by account, program, and project, and that total no less than half the full amount allocated to each such account for the Forest Service under the allocations submitted under section 200303(c)(1) of title 54, United States Code: Provided, That in the event amounts allocated by this Act or any prior Act pursuant to subsection (a) of section 200303 of title 54, United States Code, are no longer needed because a project has been completed or can no longer be executed, such amounts must be clearly identified if proposed for reallocation in the annual budget submission. (2) Concurrent with the annual budget submission of the President for fiscal year 2027, the Secretary of the Interior shall submit to the Committees on Appropriations a list of supplementary allocations for Federal land acquisition projects at the National Park Service, the United States Fish and Wildlife Service, and the Bureau of Land Management that are in addition to the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, that are prioritized and detailed by account, program, and project, and that total the full amount allocated to each such account for that land management Agency in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That in the event amounts allocated by this Act or any prior Act pursuant to subsection (a) of section 200303 of title 54, United States Code, are no longer needed because a project has been completed or can no longer be executed, such amounts must be clearly identified if proposed for reallocation in the annual budget submission. (3) The Federal land acquisition and Forest Legacy projects in the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, in the project lists provided under subsection (a)(2), in the list of supplementary allocations provided under subsection (a)(2), and on the lists of supplementary allocations required by paragraphs (1) and (2) shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated. (4) Concurrent with the annual budget submission of the President for fiscal year 2027, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations project data sheets in the same format and containing the same level of detailed information that is found on such sheets in the Budget Justifications annually submitted by the Secretary of the Interior with the President’s Budget for the projects in the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, and in the same format and containing the same level of detailed information that is found on such sheets submitted to the Committees on Appropriations pursuant to section 427 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) for the list of supplementary allocations required by paragraphs (1) and (2). (5) The Secretary of the Interior and the Secretary of Agriculture shall provide to the Committees on Appropriations quarterly reports on the status of balances of projects and activities funded by the National Parks and Public Land Legacy Restoration Fund and the Land and Water Conservation Fund, and the status of balances of projects and activities funded by the Land and Water Conservation Fund for amounts allocated pursuant to subsection (a)(2) of this section, including all uncommitted, committed, and unobligated funds. (d) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2025 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, for the projects specified, under the accounts specified, and in the amounts specified in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2025 Revisions” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). (e) (1) Within 30 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall provide to the House and Senate Committees on Appropriations project lists with project data sheets, which shall include a sufficient number of projects to total the amounts for the account titled “National Parks and Public Land Legacy Restoration Fund” for each of the Bureau of Land Management, United States Fish and Wildlife Service, National Park Service, Bureau of Indian Education, and U.S. Forest Service: Provided, That expenditure of funds under this paragraph is a reprogramming and shall be subject to section 421 of this Act. (2) Within 45 days of the date on which a reprogramming is approved pursuant to the last proviso in subparagraph (1), the Secretary of the Interior and the Secretary of Agriculture shall allocate amounts made available for expenditure from the National Parks and Public Land Legacy Restoration Fund for fiscal year 2026 pursuant to subsection (c) of 200402 of title 54, United States Code, to the account titled “National Parks and Public Land Legacy Restoration Fund” for each of the Bureau of Land Management, United States Fish and Wildlife Service, National Park Service, Bureau of Indian Education, and U.S. Forest Service as applicable, in the amounts specified and for the projects included in the project lists approved by the Committees on Appropriations in accordance with subparagraph (1). policies relating to biomass energy Sec. 429. To support the key role that forests in the United States can play in addressing the energy needs of the United States, the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency shall, consistent with their missions, jointly— (1) ensure that Federal policy relating to forest bioenergy— (A) is consistent across all Federal departments and agencies; and (B) recognizes the full benefits of the use of forest biomass for energy, conservation, and responsible forest management; and (2) establish clear and simple policies for the use of forest biomass as an energy solution, including policies that— (A) reflect the carbon neutrality of forest bioenergy and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use; (B) encourage private investment throughout the forest biomass supply chain, including in— (i) working forests; (ii) harvesting operations; (iii) forest improvement operations; (iv) forest bioenergy production; (v) wood products manufacturing; or (vi) paper manufacturing; (C) encourage forest management to improve forest health; and (D) recognize State initiatives to produce and use forest biomass. small remote incinerators Sec. 430. None of the funds made available in this Act may be used to implement or enforce the regulation issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect to units in the State of Alaska that are defined as “small, remote incinerator” units in those regulations and, until a subsequent regulation is issued, the Administrator shall implement the law and regulations in effect prior to such date. timber sale requirements Sec. 431. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service’s appraisal process) when appraised using a residual value appraisal. The western red cedar timber from those sales which is surplus to the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder. transfer authority to federal highway administration for the national parks and public land legacy restoration fund Sec. 432. Funds made available or allocated in this Act to the Department of the Interior or the Department of Agriculture that are subject to the allocations and limitations in 54 U.S.C. 200402(e) and prohibitions in 54 U.S.C. 200402(f) may be further allocated or reallocated to the Federal Highway Administration for transportation projects of the covered agencies defined in 54 U.S.C. 200401(2). prohibition on use of funds Sec. 433. Notwithstanding any other provision of law, none of the funds made available in this Act or any other Act may be used to promulgate or implement any regulation requiring the issuance of permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production. greenhouse gas reporting restrictions Sec. 434. Notwithstanding any other provision of law, none of the funds made available in this or any other Act may be used to implement any provision in a rule, if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. funding prohibition Sec. 435. None of the funds made available by this or any other Act may be used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law. firefighter pay cap Sec. 436. (a) Section 1701 of Title II of the Extending Government Funding and Delivering Emergency Assistance Act (5 U.S.C. 5547 note), as amended by Public Law 117–103, is further amended in subsection (a)(1), by striking the last sentence and inserting “Any Services during a given calendar year that generate payments payable in the subsequent calendar year shall be disregarded in applying this subsection”. (b) The waivers of premium and overtime pay authorized in subsections (a) through (c) of section 1701 of Title II of the Extending Government Funding and Delivering Emergency Assistance Act (5 U.S.C. 5547 note), as amended by Public Law 117–103, shall be applied in fiscal year 2026. alaska native regional health entities authorization extension Sec. 437. Section 424(a) of title IV of division G of the Consolidated Appropriations Act, 2014 (Public Law 113–76) shall be applied by substituting “October 1, 2026” for “December 24, 2022”. lava ridge wind project Sec. 438. (a) None of the funds made available by this Act may be obligated or expended for the purpose of granting, issuing, or renewing a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) for the Lava Ridge Wind Project, unless or until the Secretary of the Interior, acting through the Bureau of Land Management, has analyzed, in consultation with local elected officials and stakeholders, action alternatives designed to reduce impacts to wildlife, cultural resources, transportation, hunting, wetlands and the connected surface and ground waters. The Secretary shall complete such consultations, and seek feedback regarding action alternatives, not later than September 30, 2026, and no funds made available in this Act shall be used for granting, issuing, or renewing a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) for the Lava Ridge Wind Project while such consultations and efforts are ongoing. (b) Prior to granting, issuing, or renewing a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) for the Lava Ridge Wind Project, the Secretary shall periodically report to the House and Senate Committees on Appropriations on the status of consultations required under subsection (a) and, once such consultations are complete, provide a briefing to the Committees on the action alternatives and the feedback of local elected officials and stakeholders. wildfire suppression funding and forest management act Sec. 439. Section 104 of the Wildfire Suppression Funding and Forest Management Activities Act (division O of Public Law 115–141) is amended— (1) in subsection (a), by striking “90” and inserting “180”; and (2) in paragraph (4) of subsection (b), by inserting the following before the semi-colon: “, and shall include an accounting of any spending in the first two quarters of the succeeding fiscal year that is attributable to suppression operations in the fiscal year for which the report was prepared”. five year construction plan Sec. 440. The Department of the Interior and the Forest Service are directed to maintain updated 5-year deferred maintenance plans that, to the extent practicable, include a list of all outstanding deferred maintenance needs, and to provide them to the Committee on a quarterly basis. quarterly disaster estimates Sec. 441. The Department of the Interior, the United States Forest Service, and the Environmental Protection agency shall provide quarterly estimates to the Committees on Appropriations of the House of Representatives and the Senate within 30 days of a quarter closing detailing the costs to repair, restore, or otherwise remediate damages to Federal lands and infrastructure caused by disasters and, for the Environmental Protection Agency, the costs to repair and improve the resiliency of drinking water and wastewater infrastructure damaged in states, territories, and on tribal lands. american women’s history museum and national museum of the american latino Sec. 442. None of the funds made available by this or any other Act may be used to close, halt development of, merge with or transfer to another function or program, reduce funding, or otherwise diminish the operations of the Smithsonian American Women’s History Museum or the National Museum of the American Latino established by Public Law 116–260 on December 27, 2020. program funding incorporated by reference Sec. 443. Amounts provided in this Act shall be allocated in the amounts specified for the programs, projects and activities specified in the tables in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) titled: (1) Program Funding for Management of Lands and Resources; (2) Program Funding for Resource Management; (3) Program Funding for Operation of the National Park System; (4) Program Funding for National Recreation and Preservation; (5) Program Funding for National Heritage Areas; (6) Program Funding for Surveys, Investigations, and Research; (7) Program Funding for Operation of Indian Programs; (8) Program Funding for Science and Technology Programs; (9) Program Funding for Environmental Programs and Management; (10) Program Funding for National Estuary Program; (11) Program Funding for Forest and Rangeland Research; (12) Program Funding for State, Private, and Tribal Forestry; and (13) Program Funding for National Forest System. repurposing Sec. 444. (a) Of the amounts made available under the heading “Department of the Interior—Departmental Offices—Department-Wide Programs—Wildland Fire Management”, $763,514,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) as follows: (1) $125,000,000 from the unobligated balances under the heading “Environmental Protection Agency—State and Tribal Assistance Grants” from amounts that will become available for fiscal year 2026 in paragraph (3); (2) $353,514,000 from the unobligated balances under the heading “Department of the Interior—Office of Surface Mining Reclamation and Enforcement—Abandoned Mine Reclamation Fund”; (3) $285,000,000 from the unobligated balances under the heading “Department of the Interior—Methane Reduction Infrastructure”: Provided, That amounts derived by transfer pursuant to this subsection shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5: Provided further, That amounts derived by transfer pursuant to this subsection shall not be available for wildfire suppression operations. (b) Of the amounts made available under the heading “Department of the Interior—Departmental Offices—Office of Inspector General”, $65,000,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58), including amounts that will become available for fiscal year 2026, that have been or will be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in title VI of division J of that Act: Provided, That amounts derived by transfer pursuant to this subsection shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. (c) Of the amounts made available under the heading “Department of Agriculture—Forest Service—Forest Service Operations”, $146,486,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated under the heading “Department of the Interior—Office of Surface Mining Reclamation and Enforcement—Abandoned Mine Reclamation Fund” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58): Provided, That amounts derived by transfer pursuant to this subsection shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. bureau of land management actions regarding grazing on public lands Sec. 445. Paragraph (1) of section 122(a) of division E of Public Law 112–74 (125 Stat. 1013) is amended by striking “through 2024.” in the first sentence and inserting “through 2027,”. technical corrections Sec. 446. The contents in the “Senate” sub column of the “Requestor(s)” column in the table titled “Community Project Funding/Congressional Directed Spending” under the heading “Disclosure of Earmarks and Congressionally Directed Spending Items” in the explanatory statement for the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 (Title II of Public Law 119–37) described in section 4 in the matter preceding Title I of such Act are deemed to be amended— (1) by inserting “Schiff” for the project identified as the “Forest and Watershed Management Plan” for the recipient “McKinleyville Community Services District”; (2) by inserting “Schatz” for the project identified as “Facility Improvements and Purchase of Equipment” for the recipient “The Queens Health System”; and (3) by inserting “Cantwell” for the project identified as the “Chewelah Expansion and Regional Workforce Development Center” for the recipient “NEW Health Programs Association”. This division may be cited as the “Appropriations for Continuing Government during Fiscal Year 2026”. DIVISION E—Appropriations for Continuing Government during Fiscal Year 2026 SECTION 1. Short title. This Act may be cited as the “Appropriations for Continuing Government during Fiscal Year 2026”. SEC. 2. Table of contents. Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Explanatory statement. Sec. 5. Statement of appropriations. TITLE I—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026 Subtitle A—Department of Commerce Subtitle B—Department of Justice Subtitle C—Science Subtitle D—Related Agencies Subtitle E—General Provisions TITLE II—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2026 Subtitle A—Corps of Engineers—Civil Subtitle B—Department of the Interior Subtitle C—Department of Energy Subtitle D—Independent Agencies Subtitle E—General Provisions TITLE III—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026 Subtitle A—Department of the Interior Subtitle B—Environmental Protection Agency Subtitle C—Related Agencies Subtitle D—General Provisions SEC. 3. References. Except as expressly provided otherwise, any reference to “this Act” contained in any division of this Act shall be treated as referring only to the provisions of that division. SEC. 4. Explanatory Statement. The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about January 7, 2026, and submitted by the chair of the Committee on Appropriations of the House, shall have the same effect with respect to the allocation of funds and implementation of divisions A through C of this Act as if it were a joint explanatory statement of a committee of conference. SEC. 5. Statement of appropriations. The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2026. DIVISION A—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026 TITLE I DEPARTMENT OF COMMERCE International Trade Administration operations and administration For necessary expenses for international trade activities of the Department of Commerce provided for by law, to carry out activities associated with facilitating, attracting, and retaining business investment in the United States, to carry out activities associated with title VI of Title IIB of the Consolidated Appropriations Act, 2023 (Public Law 117–328), and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to section 40118 of title 49, United States Code; employment of citizens of the United States and aliens by contract for services; recognizing contributions to export expansion pursuant to Executive Order 10978; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $65,000 per vehicle; not to exceed $350,000 for purchase of armored vehicles without regard to the general purchase price limitations; obtaining insurance on official motor vehicles; and rental of tie lines, $582,000,000, of which $94,000,000 shall remain available until September 30, 2027: Provided, That $20,000,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of title 31, United States Code: Provided further, That, of amounts provided under this heading, not less than $16,400,000 shall be for China antidumping and countervailing duty enforcement and compliance activities: Provided further, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities. Bureau Of Industry And Security operations and administration For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of citizens of the United States and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $13,500 for official representation expenses abroad; awards of compensation to informers under the Export Control Reform Act of 2018 (subtitle B of title XVII of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; Public Law 115–232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law, $235,000,000, of which $94,000,000 shall remain available until expended: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments. Economic Development Administration economic development assistance programs For economic development assistance as provided by the Public Works and Economic Development Act of 1965, including provision of assistance under section 207(b) of such Act, for trade adjustment assistance, and for programs authorized by the Stevenson-Wydler Technology Innovation Act of 1980, as amended, $400,000,000 to remain available until expended, which shall be for the purposes and in the amounts specified in the table titled “Economic Development Assistance Programs” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). salaries and expenses For necessary expenses of administering the economic development assistance programs as provided for by law, $66,000,000: Provided, That funds provided under this heading may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976; title II of the Trade Act of 1974; sections 27 through 30 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722–3723), as amended; and the Community Emergency Drought Relief Act of 1977. Economic And Statistical Analysis salaries and expenses For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $118,000,000, to remain available until September 30, 2027. Bureau Of The Census current surveys and programs For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $318,500,000: Provided, That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities. periodic censuses and programs For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics for periodic censuses and programs provided for by law, $1,171,849,000, to remain available until September 30, 2027: Provided, That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities. National Telecommunications And Information Administration salaries and expenses For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $50,000,000, to remain available until September 30, 2027: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended. facilities management and construction For necessary expenses for the design, construction, alteration, improvement, maintenance, and repair of buildings and facilities managed by the National Telecommunications and Information Administration, not otherwise provided for, $1,000,000, to remain available until expended. United States Patent And Trademark Office salaries and expenses (including transfers of funds) For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $4,956,000,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges assessed and collected by the USPTO under any law are received during fiscal year 2026, so as to result in a fiscal year 2026 appropriation from the general fund estimated at $0: Provided further, That during fiscal year 2026, should the total amount of such offsetting collections be less than $4,956,000,000, this amount shall be reduced accordingly: Provided further, That any amount received in excess of $4,956,000,000 in fiscal year 2026 and deposited in the Patent and Trademark Fee Reserve Fund shall remain available until expended: Provided further, That the Director of USPTO shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That any amounts reprogrammed in accordance with the preceding proviso shall be transferred to the United States Patent and Trademark Office “Salaries and Expenses” account: Provided further, That the budget of the President submitted for fiscal year 2027 under section 1105 of title 31, United States Code, shall include within amounts provided under this heading for necessary expenses of the USPTO any increases that are expected to result from an increase promulgated through rule or regulation in offsetting collections of fees and surcharges assessed and collected by the USPTO under any law in either fiscal year 2026 or fiscal year 2027: Provided further, That from amounts provided herein, not to exceed $13,500 shall be made available in fiscal year 2026 for official reception and representation expenses: Provided further, That in fiscal year 2026 from the amounts made available for “Salaries and Expenses” for the USPTO, the amounts necessary to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO's specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO's specific use of post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB Fund, as appropriate, and shall be available for the authorized purposes of those accounts: Provided further, That any differences between the present value factors published in OPM's yearly 300 series benefit letters and the factors that OPM provides for USPTO's specific use shall be recognized as an imputed cost on USPTO's financial statements, where applicable: Provided further, That, notwithstanding any other provision of law, all fees and surcharges assessed and collected by USPTO are available for USPTO only pursuant to section 42(c) of title 35, United States Code, as amended by section 22 of the Leahy-Smith America Invents Act (Public Law 112–29): Provided further, That within the amounts appropriated, $2,450,000 shall be transferred to the “Office of Inspector General” account for activities associated with carrying out investigations and audits related to the USPTO. National Institute Of Standards And Technology scientific and technical research and services (including transfer of funds) For necessary expenses of the National Institute of Standards and Technology (NIST), $1,249,239,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the “Working Capital Fund”: Provided, That of the amounts appropriated under this heading, $405,331,366 shall be made available for the NIST—STRS projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose: Provided further, That not to exceed $5,000 shall be for official reception and representation expenses: Provided further, That NIST may provide local transportation for summer undergraduate research fellowship program participants. industrial technology services For necessary expenses for industrial technology services, $212,000,000, to remain available until expended, of which $175,000,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $37,000,000 shall be for the Manufacturing USA Program. construction of research facilities For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act (15 U.S.C. 278c–278e), $385,897,000, to remain available until expended: Provided, That of the amounts appropriated under this heading, $257,897,000 shall be made available for the NIST—Construction projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That up to one percent of amounts made available for the projects referenced in the preceding proviso may be used for the administrative costs of such projects: Provided further, That the Director of the National Institute of Standards and Technology shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall include in the budget justification materials for fiscal year 2027 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000, and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years. National Oceanic And Atmospheric Administration operations, research, and facilities (including transfer of funds) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration (NOAA), including maintenance, operation, and hire of aircraft and vessels; pilot programs for State-led fisheries management, notwithstanding any other provision of law; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $4,540,392,000, to remain available until September 30, 2027: Provided, That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, United States Code: Provided further, That in addition, $399,644,000 shall be derived by transfer from the fund entitled “Promote and Develop Fishery Products and Research Pertaining to American Fisheries”, which shall only be used for fishery activities related to the Saltonstall-Kennedy Grant Program; Fisheries Data Collections, Surveys, and Assessments; Observers and Training; Fisheries Management Programs and Services; and Interjurisdictional Fisheries Grants: Provided further, That in addition $28,000,000 is derived from recoveries of prior year obligations: Provided further, That of the amounts provided under this heading, including the amounts in the clause preceding the first proviso and in the second and third provisos, $4,862,168,110 shall be for the purposes and in the amounts specified in the tables under this heading in the explanatory statement described in section 4 (in the matter preceding Title I of this Act): Provided further, That of the amounts provided under this heading, including the amounts in the clause preceding the first proviso and in the second and third provisos, $105,867,890 shall be made available for the NOAA—CZM and NOAA—ORF projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose: Provided further, That not to exceed $71,299,000 shall be for payment to the “Department of Commerce Working Capital Fund”: Provided further, That any use of deobligated balances of funds provided under this heading in previous years shall be subject to the procedures set forth in section 505 of this Act: Provided further, That in addition, for necessary retired pay expenses under the Retired Serviceman's Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such sums as may be necessary. procurement, acquisition and construction For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,576,899,000, to remain available until September 30, 2028, except that funds provided for acquisition and construction of satellites, vessels, aircraft, and construction of facilities shall remain available until expended: Provided, That in addition $13,000,000 is provided from recoveries of prior year obligations: Provided further, That the amounts provided under this heading, including the amounts in the clause preceding the first proviso and in the first proviso, shall be for the purposes and in the amounts specified in the tables under this heading in the explanatory statement described in section 4 (in the matter preceding Title I of this Act): Provided further, That any use of deobligated balances of funds provided under this heading in previous years shall be subject to the procedures set forth in section 505 of this Act: Provided further, That the Secretary of Commerce shall include in budget justification materials for fiscal year 2027 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years. pacific coastal salmon recovery For necessary expenses associated with the restoration of Pacific salmon populations, $65,000,000, to remain available until September 30, 2027: Provided, That, of the funds provided herein, the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the federally recognized Tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, for maintaining populations necessary for exercise of Tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further, That all funds shall be allocated based on scientific and other merit principles and shall not be available for marketing activities: Provided further, That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds. fisheries disaster assistance For necessary expenses of administering the fishery disaster assistance programs authorized by the Magnuson-Stevens Fishery Conservation and Management Act (Public Law 94–265) and the Interjurisdictional Fisheries Act (title III of Public Law 99–659), $300,000. fishermen's contingency fund For carrying out the provisions of title IV of Public Law 95–372, not to exceed $349,000, to be derived from receipts collected pursuant to that Act, to remain available until expended. fisheries finance program account Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2026, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and not to exceed $150,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936. recreational quota entity fund For carrying out the provisions of section 106 of the Driftnet Modernization and Bycatch Reduction Act (title I of division S of the Consolidated Appropriations Act, 2023 (Public Law 117–328)), the National Oceanic and Atmospheric Administration may assess and collect fees pursuant to such section, which shall be credited to this account, to remain available until expended, for the purposes specified in subsection (b) of such section, in addition to amounts otherwise available for such purposes. Departmental Management salaries and expenses For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representation, $92,500,000: Provided, That no employee of the Department of Commerce may be detailed or assigned from a bureau or office funded by this Act or any other Act to offices within the Office of the Secretary of the Department of Commerce for more than 180 days in a fiscal year unless the individual's employing bureau or office is fully reimbursed for the salary and expenses of the employee for the entire period of assignment using funds provided under this heading: Provided further, That amounts made available to the Department of Commerce in this or any prior Act may not be transferred pursuant to section 508 of this or any prior Act to the account funded under this heading, except in the case of extraordinary circumstances that threaten life or property. renovation and modernization For necessary expenses for the renovation and modernization of the Herbert C. Hoover Building, $1,142,000. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $48,000,000. General Provisions—department Of Commerce (including transfer of funds) Sec. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest. Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902). Sec. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce. Sec. 104. The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of Title II of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2026: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000. Sec. 105. Notwithstanding any other provision of law, the Secretary of Commerce may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services. Sec. 106. Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. Sec. 107. The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian Tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration. Sec. 108. The National Technical Information Service shall not charge any customer for a copy of any report or document generated by the Legislative Branch unless the Service has provided information to the customer on how an electronic copy of such report or document may be accessed and downloaded for free online. Should a customer still require the Service to provide a printed or digital copy of the report or document, the charge shall be limited to recovering the Service's cost of processing, reproducing, and delivering such report or document. Sec. 109. To carry out the responsibilities of the National Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land, services, equipment, personnel, and facilities provided by; and (3) receive and expend funds made available on a consensual basis from: a Federal agency, State or subdivision thereof, local government, Tribal government, Territory, or possession or any subdivisions thereof: Provided, That funds received for permitting and related regulatory activities pursuant to this section shall be deposited under the heading “National Oceanic and Atmospheric Administration—Operations, Research, and Facilities” and shall remain available until September 30, 2027, for such purposes: Provided further, That all funds within this section and their corresponding uses are subject to section 505 of this Act. Sec. 110. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided for programs of the Bureau of Economic Analysis and the Bureau of the Census, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or local governmental unit, or institution of higher education, to aid and promote statistical, research, and methodology activities which further the purposes for which such amounts have been made available. Sec. 111. The Secretary of Commerce, or the designee of the Secretary, may waive up to 50 percent of the cost sharing requirements under section 315, of the Coastal Zone Management Act of 1972 (16 U.S.C. 1461) as necessary at the request of the grant applicant, for amounts made available under this Act under the heading “Procurement, Acquisition and Construction” under the heading “National Oceanic and Atmospheric Administration”. Sec. 112. Any unobligated balances of expired discretionary funds transferred to the Department of Commerce Nonrecurring Expenses Fund, as authorized by section 111 of title I of Title II of Public Law 116–93, may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 30 days in advance of the planned use of funds. Sec. 113. The Administrator of the National Oceanic and Atmospheric Administration, in consultation with the employees of the National Weather Service and non-governmental experts in personnel management, may establish an alternative or fixed rate for relocation allowance, including permanent change of station allowance, notwithstanding the provisions of 5 U.S.C. 5724 and the regulations prescribed under 5 U.S.C. 5738. Sec. 114. The National Weather Service shall maintain staffing levels in order to fulfill the mission required under 15 U.S.C. 313 to protect life and property to the maximum extent possible. This title may be cited as the “Department of Commerce Appropriations Act, 2026”. TITLE II DEPARTMENT OF JUSTICE Justice Operations, Management, And Accountability salaries and expenses For expenses necessary for the operations, management, and accountability of the Department of Justice, $140,000,000, of which not to exceed $4,000,000 shall remain available until September 30, 2027, and of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended. justice information sharing technology (including transfer of funds) For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $38,460,000, to remain available until expended: Provided, That the Attorney General may transfer up to $40,000,000 to this account, from funds available to the Department of Justice for information technology, to remain available until expended, for enterprise-wide information technology initiatives: Provided further, That the transfer authority in the preceding proviso is in addition to any other transfer authority contained in this Act: Provided further, That any transfer pursuant to the first proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Executive Office For Immigration Review (including transfer of funds) For expenses necessary for the administration of immigration-related activities of the Executive Office for Immigration Review, $800,000,000, of which $10,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the “Immigration Examinations Fee” account, and of which not less than $27,500,000 shall be available for services and activities provided by the Legal Orientation Program: Provided, That not to exceed $50,000,000 of the total amount made available under this heading shall remain available until September 30, 2030, for build-out and modifications of courtroom space. Office Of Inspector General For necessary expenses of the Office of Inspector General, $139,000,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character: Provided, That not to exceed $4,000,000 shall remain available until September 30, 2027. United States Parole Commission salaries and expenses For necessary expenses of the United States Parole Commission as authorized, $13,000,000: Provided, That, notwithstanding any other provision of law, upon the expiration of a term of office of a Commissioner, the Commissioner may continue to act until a successor has been appointed. Legal Activities salaries and expenses, general legal activities (including transfer of funds) For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; the administration of pardon and clemency petitions; and rent of private or Government-owned space in the District of Columbia, $900,000,000, of which not to exceed $50,000,000 for litigation support contracts and information technology projects, including cybersecurity and hardening of critical networks, shall remain available until expended: Provided, That of the total amount appropriated, not to exceed $9,000 shall be available to the Criminal Division for official reception and representation expenses: Provided further, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to “Salaries and Expenses, General Legal Activities” from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That of the amount appropriated, such sums as may be necessary shall be available to the Civil Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel Management for such salaries and expenses: Provided further, That of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended: Provided further, That any funds provided under this heading in prior year appropriations Acts that remain available to the Civil Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) may also be used to carry out any authorized purposes of the Civil Rights Division: Provided further, That amounts repurposed by the preceding proviso may not be used to increase the number of permanent positions. In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, $22,700,000, to be appropriated from the Vaccine Injury Compensation Trust Fund and to remain available until expended. salaries and expenses, antitrust division For expenses necessary for the enforcement of antitrust and kindred laws, $245,000,000, to remain available until expended, of which not to exceed $5,000 shall be available for official reception and representation expenses: Provided, That notwithstanding any other provision of law, fees collected in fiscal year 2026 for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a) shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced (1) as such offsetting collections are received during fiscal year 2026 and (2) to the extent that any remaining general fund appropriations can be derived from amounts credited to this account as offsetting collections in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2026 appropriation from the general fund estimated at $0: Provided further, That, notwithstanding section 605 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (15 U.S.C. 18a note), none of the funds credited to this account as offsetting collections in previous fiscal years that were unavailable for obligation as of September 30, 2025, shall become available for obligation except as provided in the preceding proviso: Provided further, That any premerger notification filing fees received in excess of $245,000,000 in fiscal year 2026 shall remain available until expended: Provided further, That the Attorney General shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. salaries and expenses, united states attorneys For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $2,621,000,000: Provided, That of the total amount appropriated, not to exceed $19,600 shall be available for official reception and representation expenses: Provided further, That not to exceed $40,000,000 shall remain available until expended: Provided further, That each United States Attorney shall establish or participate in a task force on human trafficking. united states trustee system fund For necessary expenses of the United States Trustee Program, as authorized, $205,000,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, deposits of discretionary offsetting collections to the United States Trustee System Fund and amounts herein appropriated shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, fees deposited into the Fund as discretionary offsetting collections pursuant to section 589a of title 28, United States Code (as limited by section 589a(f)(2) of title 28, United States Code), shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further, That to the extent that fees deposited into the Fund as discretionary offsetting collections in fiscal year 2026, net of amounts necessary to pay refunds due depositors, exceed $205,000,000, those excess amounts shall be available in this and future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2026, net of amounts necessary to pay refunds due depositors, (estimated at $205,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from amounts deposited in the Fund as discretionary offsetting collections in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2026 appropriation from the general fund estimated at $0. salaries and expenses, foreign claims settlement commission For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 of title 5, United States Code, $2,504,000. fees and expenses of witnesses For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $320,000,000, to remain available until expended, of which not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $35,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses: Provided, That amounts made available under this heading may not be transferred pursuant to section 205 of this Act. assets forfeiture fund For expenses authorized by subparagraphs (B), (F), and (G) of section 524(c)(1) of title 28, United States Code, $20,514,000, to be derived from the Department of Justice Assets Forfeiture Fund. United States Marshals Service salaries and expenses For necessary expenses of the United States Marshals Service, $1,702,000,000, of which not to exceed $20,000 shall be available for official reception and representation expenses, not to exceed $8,900 shall be available for INTERPOL Washington official reception and representation expenses, and not to exceed $25,000,000 shall remain available until expended: Provided, That the Director of INTERPOL Washington shall concurrently report to the Deputy Attorney General. construction For construction in space that is controlled, occupied, or utilized by the United States Marshals Service for prisoner holding and related support, $8,000,000, to remain available until expended. federal prisoner detention For necessary expenses related to United States prisoners in the custody of the United States Marshals Service as authorized by section 4013 of title 18, United States Code, $2,236,000,000, to remain available until expended: Provided, That not to exceed $20,000,000 shall be considered “funds appropriated for State and local law enforcement assistance” pursuant to section 4013(b) of title 18, United States Code: Provided further, That the United States Marshals Service shall be responsible for managing the Justice Prisoner and Air Transportation System. National Security Division salaries and expenses (including transfer of funds) For expenses necessary to carry out the activities of the National Security Division, $117,200,000, of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Interagency Law Enforcement interagency crime and drug enforcement For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking organizations, transnational organized crime, and money laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in transnational organized crime and drug trafficking, $300,000,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation: Provided further, That any amounts obligated from appropriations under this heading shall only be available for the same purposes for which the amounts were obligated in fiscal year 2024. Federal Bureau Of Investigation salaries and expenses For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States, $10,609,456,000, of which not to exceed $216,900,000 shall remain available until expended: Provided, That not to exceed $284,000 shall be available for official reception and representation expenses. construction For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities, and sites by purchase, or as otherwise authorized by law; conversion, modification, and extension of federally owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $15,000,000, to remain available until expended. Drug Enforcement Administration salaries and expenses For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of title 28, United States Code; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs, $2,580,340,000, of which not to exceed $75,000,000 shall remain available until expended and not to exceed $90,000 shall be available for official reception and representation expenses: Provided, That, notwithstanding section 3672 of Public Law 106–310, up to $10,000,000 may be used to reimburse States, units of local government, Indian Tribal Governments, other public entities, and multi-jurisdictional or regional consortia thereof for expenses incurred to clean up and safely dispose of substances associated with clandestine methamphetamine laboratories, conversion and extraction operations, tableting operations, or laboratories and processing operations for fentanyl and fentanyl-related substances which may present a danger to public health or the environment: Provided further, That none of the funds made available by this Act or any prior Department of Justice Appropriations Act shall be available to restart the illicit crop imagery program. Bureau Of Alcohol, Tobacco, Firearms And Explosives salaries and expenses For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,585,000,000, of which not to exceed $36,000 shall be for official reception and representation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by section 924(d)(2) of title 18, United States Code, and not to exceed $25,000,000 shall remain available until expended: Provided, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments. Federal Prison System salaries and expenses (including transfer of funds) For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $8,100,000,000: Provided, That not less than $409,483,000 shall be for the programs and activities authorized by the First Step Act of 2018 (Public Law 115–391), of which not less than 2 percent shall be transferred to and merged with the appropriation for “Research, Evaluation and Statistics” for the National Institute of Justice to carry out evaluations of programs and activities related to the First Step Act of 2018: Provided further, That the Attorney General may transfer to the Department of Health and Human Services such amounts as may be necessary for direct expenditures by that Department for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $5,400 shall be available for official reception and representation expenses: Provided further, That not to exceed $50,000,000 shall remain available until expended for necessary operations: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses: Provided further, That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past, notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities: Provided further, That amounts made available under this heading for programs and activities related to the First Step Act of 2018 may not be transferred, or otherwise made available, to or for administration by the Department of Labor. buildings and facilities For planning, acquisition of sites, and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $279,762,000, to remain available until expended, of which $150,000,000 shall be available only for costs related to construction of new facilities: Provided, That labor of United States prisoners may be used for work performed under this appropriation. federal prison industries, incorporated The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for such corporation. limitation on administrative expenses, federal prison industries, incorporated Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated, shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, United States Code, to be computed on an accrual basis to be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. State And Local Law Enforcement Activities Office On Sexual Violence sexual violence prevention and prosecution programs (including transfers of funds) For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968, as amended (34 U.S.C. 10101 et seq.) (“the 1968 Act”); title II of the Civil Rights Act of 1968 (commonly known as the “Indian Civil Rights Act of 1968”) (Public Law 90–284, as amended) (“the Indian Civil Rights Act”); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322, as amended) (34 U.S.C. 12101 et seq.) (“the 1994 Act”); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (“the 1990 Act”); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108–21); the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.) (“the 1974 Act”); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386, as amended) (“the 2000 Act”); the Justice for All Act of 2004 (Public Law 108–405, as amended) (“the 2004 Act”); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162, as amended) (“the 2005 Act”); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (“the 2013 Act”); the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22) (“the 2015 Act”); the Abolish Human Trafficking Act (Public Law 115–392); and the Violence Against Women Act Reauthorization Act of 2022 (division W of Public Law 117–103) (“the 2022 Act”); and for related victims services, $120,000,000, to remain available until expended, of which $100,000,000 shall be derived by transfer from amounts available for obligation in this Act from the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101), notwithstanding section 1402(d) of such Act of 1984, and merged with the amounts otherwise made available under this heading: Provided, That except as otherwise provided by law, not to exceed 5 percent of funds made available under this heading may be used for expenses related to evaluation, training, and technical assistance: Provided further, That of the amount provided— (1) $257,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act, and any applicable increases for the amount of such grants, as authorized by section 5903 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023: Provided, That $10,000,000 shall be for any such increases under such section 5903, which shall apply to fiscal year 2026 grants funded by amounts provided in this paragraph; (2) $51,000,000 is for transitional housing assistance grants for victims of domestic violence, dating violence, stalking, or sexual assault as authorized by section 40299 of the 1994 Act; (3) $2,500,000 is for the National Institute of Justice and the Bureau of Justice Statistics for research, evaluation, and statistics of violence against women and related issues addressed by grant programs of the Office on Violence Against Women, which shall be transferred to “Research, Evaluation and Statistics” for administration by the Office of Justice Programs; (4) $17,000,000 is for a grant program to provide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; assistance to middle and high school students through education and other services related to such violence; and programs to engage men and youth in preventing domestic violence, dating violence, sexual assault, and stalking: Provided, That unobligated balances available for the programs authorized by sections 41201, 41204, 41303, and 41305 of the 1994 Act, prior to its amendment by the 2013 Act, shall be available for this program: Provided further, That 10 percent of the total amount available for this grant program shall be available for grants under the program authorized by section 2015 of the 1968 Act: Provided further, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this program; (5) $60,500,000 is for grants to improve the criminal justice response as authorized by part U of title I of the 1968 Act, of which up to $4,000,000 is for a homicide reduction initiative; up to $2,000,000 is for a domestic violence lethality reduction initiative; and up to $5,000,000 is for an initiative to promote effective policing and prosecution responses to domestic violence, dating violence, sexual assault, and stalking, including evaluation of the effectiveness of funded interventions (“Policing and Prosecution Initiative”); (6) $79,500,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act; (7) $50,500,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act; (8) $25,000,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act, of which $12,500,000 is for grants to Historically Black Colleges and Universities, Hispanic-Serving Institutions, and Tribal colleges and universities; (9) $55,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; (10) $9,000,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40801 of the 1994 Act; (11) $21,000,000 is for grants to support families in the justice system, as authorized by section 1301 of the 2000 Act: Provided, That unobligated balances available for the programs authorized by section 1301 of the 2000 Act and section 41002 of the 1994 Act, prior to their amendment by the 2013 Act, shall be available for this program; (12) $11,500,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; (13) $1,000,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; (14) $2,000,000 is for analysis and research on violence among and against Indians, including as authorized by section 904 of the 2005 Act: Provided, That such funds may be transferred to “Research, Evaluation and Statistics” for administration by the Office of Justice Programs; (15) $500,000 is for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women; (16) $14,500,000 is for programs to assist Tribal Governments in exercising special Tribal criminal jurisdiction, as authorized by section 204 of the Indian Civil Rights Act: Provided, That the grant conditions in section 40002(b) of the 1994 Act shall apply to grants made; (17) $1,500,000 is for the purposes authorized under the 2015 Act; (18) $14,000,000 is for a grant program as authorized by section 41801 of the 1994 Act: Provided, That the definitions and grant conditions in section 109 of the 2022 Act shall apply to this program; (19) $10,000,000 is for culturally specific services for victims, as authorized by section 121 of the 2005 Act; (20) $4,500,000 is for an initiative to support cross-designation of tribal prosecutors as Tribal Special Assistant United States Attorneys: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative; (21) $1,000,000 is for an initiative to support victims of domestic violence, dating violence, sexual assault, and stalking, including through the provision of technical assistance, as authorized by section 206 of the 2022 Act: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative; (22) $2,000,000 is for a National Deaf Services Line to provide services to Deaf victims of domestic violence, dating violence, sexual assault, and stalking: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this service line; (23) $4,500,000 is for grants for outreach and services to underserved populations, as authorized by section 120 of the 2005 Act; (24) $3,000,000 is for an initiative to provide financial assistance to victims, including evaluation of the effectiveness of funded projects: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative; (25) $5,000,000 is for trauma-informed, victim-centered training for law enforcement, and related research and evaluation activities, as authorized by section 41701 of the 1994 Act; (26) $12,000,000 is for grants to support access to sexual assault nurse examinations, as authorized by section 304 of title III of the 2004 Act: Provided, That the grant conditions in section 40002 of the 1994 Act shall apply to this program; (27) $5,000,000 is for local law enforcement grants for prevention, enforcement, and prosecution of cybercrimes against individuals, as authorized by section 1401 of the 2022 Act, and for a National Resource Center on Cybercrimes Against Individuals, as authorized by section 1402 of the 2022 Act: Provided, That the grant conditions in section 40002 of the 1994 Act shall apply to this paragraph; and (28) that the Office on Violence Against Women shall be renamed the Office on Sexual Violence. Office Of Justice Programs research, evaluation and statistics For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968 (“title I of the 1968 Act”) (Public Law 90–351); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (“the 1994 Act”); the Juvenile Justice and Delinquency Prevention Act of 1974 (“the 1974 Act”) (Public Law 93–415); the Missing Children's Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108–21) (“the PROTECT Act”); the Justice for All Act of 2004 (Public Law 108–405); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (“the 2005 Act”); the Victims of Child Abuse Act of 1990 (title II of Public Law 101–647); the Second Chance Act of 2007 (Public Law 110–199); the Victims of Crime Act of 1984 (chapter XIV of title II of Public Law 98–473); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) (“the Adam Walsh Act”); the PROTECT Our Children Act of 2008 (Public Law 110–401); subtitle C of title II of the Homeland Security Act of 2002 (Public Law 107–296) (“the 2002 Act”); the Prison Rape Elimination Act of 2003 (Public Law 108–79) (“PREA”); the NICS Improvement Amendments Act of 2007 (Public Law 110–180); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (“the 2013 Act”); the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198); the First Step Act of 2018 (Public Law 115–391); and other programs, $55,000,000, to remain available until expended, of which— (1) $33,000,000 is for criminal justice statistics programs and other activities as authorized by part C of title I of the 1968 Act; and (2) $22,000,000 is for research, development, and evaluation programs, and other activities as authorized by part B of title I of the 1968 Act and subtitle C of title II of the 2002 Act, and for activities authorized by or consistent with the First Step Act of 2018. state and local law enforcement assistance (including transfer of funds) For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (“the 1994 Act”); the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90–351) (“the 1968 Act”); the Justice for All Act of 2004 (Public Law 108–405); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (“the 1990 Act”); the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164) (“the TVPRA of 2005”); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (“the 2005 Act”); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) (“the Adam Walsh Act”); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386) (“the Victims of Trafficking Act”); the NICS Improvement Amendments Act of 2007 (Public Law 110–180); subtitle C of title II of the Homeland Security Act of 2002 (Public Law 107–296) (“the 2002 Act”); the Prison Rape Elimination Act of 2003 (Public Law 108–79) (“PREA”); the Second Chance Act of 2007 (Public Law 110–199); the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (Public Law 110–403); the Victims of Crime Act of 1984 (Public Law 98–473); the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (Public Law 110–416); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (“the 2013 Act”); the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198) (“CARA”); the Justice for All Reauthorization Act of 2016 (Public Law 114–324); Kevin and Avonte’s Law (division Q of Public Law 115–141) (“Kevin and Avonte’s Law”); the Keep Young Athletes Safe Act of 2018 (title III of division S of Public Law 115–141) (“the Keep Young Athletes Safe Act”); the STOP School Violence Act of 2018 (title V of division S of Public Law 115–141) (“the STOP School Violence Act”); the Fix NICS Act of 2018 (title VI of division S of Public Law 115–141); the Project Safe Neighborhoods Grant Program Authorization Act of 2018 (Public Law 115–185); the SUPPORT for Patients and Communities Act (Public Law 115–271); the Second Chance Reauthorization Act of 2018 (Public Law 115–391); the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (Public Law 111–84); the Ashanti Alert Act of 2018 (Public Law 115–401); the Missing Persons and Unidentified Remains Act of 2019 (Public Law 116–277); the Jabara-Heyer NO HATE Act (34 U.S.C. 30507); the Violence Against Women Act Reauthorization Act of 2022 (division W of Public Law 117–103) (“the 2022 Act”); the Daniel Anderl Judicial Security and Privacy Act of 2022 (Public Law 117–263); and other programs, $2,400,000,000, to remain available until expended as follows— (1) $964,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of title I of the 1968 Act shall not apply for purposes of this Act), of which, notwithstanding such subpart 1— (A) $12,500,000 is for an Officer Robert Wilson III memorial initiative on Preventing Violence Against Law Enforcement and Ensuring Officer Resilience and Survivability (VALOR); (B) $3,000,000 is for the operation, maintenance, and expansion of the National Missing and Unidentified Persons System; (C) $6,000,000 is for a grant program for State and local law enforcement to provide officer training on responding to individuals with mental illness or disabilities, including for purposes described in the Law Enforcement De-Escalation Training Act of 2022 (Public Law 117–325); (D) $2,500,000 is for a student loan repayment assistance program pursuant to section 952 of Public Law 110–315; (E) $15,000,000 is for prison rape prevention and prosecution grants to States and units of local government, and other programs, as authorized by PREA; (F) $2,500,000 is for the Missing Americans Alert Program (title XXIV of the 1994 Act), as amended by Kevin and Avonte's Law; (G) $13,000,000 is for grants authorized under the Project Safe Neighborhoods Grant Authorization Act of 2018 (Public Law 115–185); (H) $11,500,000 is for the Capital Litigation Improvement Grant Program, as authorized by section 426 of Public Law 108–405, and for grants for wrongful conviction review; (I) $3,000,000 is for the program specified in paragraph (1)(I) under the heading “State and Local Law Enforcement Assistance” in Title II of Public Law 117–328; (J) $1,000,000 is for the purposes of the Ashanti Alert Communications Network as authorized under the Ashanti Alert Act of 2018 (Public Law 115–401); (K) $2,750,000 is for a grant program to replicate and support family-based alternative sentencing programs; (L) $3,000,000 is for a rural violent crime initiative, including assistance for law enforcement; (M) $3,000,000 is for grants authorized under the Missing Persons and Unidentified Remains Act of 2019 (Public Law 116–277); (N) $1,000,000 is for the purposes authorized under section 1506 of the 2022 Act; and (O) $537,978,926 is for discretionary grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation), which shall be made available for the OJP—Byrne projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That such amounts may not be transferred for any other purpose; (2) $202,500,000 for the State Criminal Alien Assistance Program, as authorized by section 241(I)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(I)(5)): Provided, That no jurisdiction shall request compensation for any cost greater than the actual cost for Federal immigration and other detainees housed in State and local detention facilities; (3) $83,500,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of the Victims of Trafficking Act, by the TVPRA of 2005, or programs authorized under Public Law 113–4; (4) $7,500,000 for a grant program to prevent and address economic, high technology, white collar, and Internet crime, including as authorized by section 401 of Public Law 110–403, of which not less than $2,500,000 is for intellectual property enforcement grants including as authorized by section 401, and $2,000,000 is for grants to develop databases on Internet of Things device capabilities and to build and execute training modules for law enforcement; (5) $19,000,000 for sex offender management assistance, as authorized by the Adam Walsh Act, and related activities, of which $1,000,000 is for the National Sex Offender Public Website; (6) $30,000,000 for the Patrick Leahy Bulletproof Vest Partnership Grant Program, as authorized by section 2501 of title I of the 1968 Act: Provided, That $1,500,000 shall be transferred directly to the National Institute of Standards and Technology’s Office of Law Enforcement Standards for research, testing, and evaluation programs; (7) $83,000,000 for grants to States to upgrade criminal and mental health records for the National Instant Criminal Background Check System, of which no less than $24,000,000 shall be for grants made under the authorities of the NICS Improvement Amendments Act of 2007 (Public Law 110–180) and Fix NICS Act of 2018; (8) $32,500,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act; (9) $138,000,000 for DNA-related and forensic programs and activities, of which— (A) $115,000,000 is for the purposes authorized under section 2 of the DNA Analysis Backlog Elimination Act of 2000 (Public Law 106–546) (the Debbie Smith DNA Backlog Grant Program): Provided, That up to 4 percent of funds made available under this paragraph may be used for the purposes described in the DNA Training and Education for Law Enforcement, Correctional Personnel, and Court Officers program (Public Law 108–405, section 303); (B) $6,000,000 is for other local, State, and Federal forensic activities; (C) $13,000,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program (Public Law 108–405, section 412); and (D) $4,000,000 is for Sexual Assault Forensic Exam Program grants, including as authorized by section 304 of Public Law 108–405; (10) $50,000,000 for community-based grant programs to improve the response to sexual assault, including assistance for investigation and prosecution of related cold cases; (11) $14,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act; (12) $48,000,000 for assistance to Indian Tribes; (13) $111,000,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 (Public Law 110–199) and by the Second Chance Reauthorization Act of 2018 (Public Law 115–391), without regard to the time limitations specified at section 6(1) of such Act, of which not to exceed— (A) $8,000,000 is for a program to improve State, local, and Tribal probation or parole supervision efforts and strategies; (B) $5,000,000 is for children of incarcerated parents demonstration programs to enhance and maintain parental and family relationships for incarcerated parents as a reentry or recidivism reduction strategy; (C) $5,000,000 is for additional replication sites employing the Project HOPE Opportunity Probation with Enforcement model implementing swift and certain sanctions in probation, of which no less than $500,000 shall be used for a project that provides training, technical assistance, and best practices; and (D) $10,000,000 is for a grant program for crisis stabilization and community reentry, as authorized by the Crisis Stabilization and Community Reentry Act of 2020 (Public Law 116–281): Provided, That up to $7,500,000 of funds made available in this paragraph may be used for performance-based awards for Pay for Success projects, of which up to $5,000,000 shall be for Pay for Success programs implementing the Permanent Supportive Housing Model and reentry housing; (14) $403,000,000 for comprehensive opioid use reduction activities, including as authorized by CARA, and for the following programs, which shall address opioid, stimulant, and substance use disorders consistent with underlying program authorities, of which— (A) $86,000,000 is for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act; (B) $35,000,000 is for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (Public Law 110–416); (C) $30,000,000 is for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act; (D) $32,000,000 is for a veterans treatment courts program, of which $4,000,000 is for a national center for veterans justice; (E) $35,000,000 is for a program to monitor prescription drugs and scheduled listed chemical products; and (F) $185,000,000 is for a comprehensive opioid, stimulant, and substance use disorder program; (15) $2,500,000 for a competitive grant program authorized by the Keep Young Athletes Safe Act; (16) $82,000,000 for grants to be administered by the Bureau of Justice Assistance for purposes authorized under the STOP School Violence Act; (17) $3,000,000 for grants to State and local law enforcement agencies for the expenses associated with the investigation and prosecution of criminal offenses involving civil rights, as authorized by the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 (Public Law 114–325); (18) $17,000,000 for grants to State, local, and Tribal law enforcement agencies to conduct educational outreach and training on hate crimes and to investigate and prosecute hate crimes, as authorized by section 4704 of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (Public Law 111–84); (19) $9,000,000 for grants specified in paragraph (20) under the heading “State and Local Law Enforcement Assistance” in Title II of Public Law 117–328; (20) $9,000,000 for programs authorized under the Jabara-Heyer NO HATE Act (34 U.S.C. 30507); (21) $84,000,000 for initiatives to improve police-community relations, of which $15,000,000 is for a competitive matching grant program for purchases of body-worn cameras for State, local, and Tribal law enforcement; $19,000,000 is for a justice reinvestment initiative, for activities related to criminal justice reform and recidivism reduction; and $50,000,000 is for a community violence intervention and prevention initiative; and (22) $7,500,000 for a grant program as authorized by the Daniel Anderl Judicial Security and Privacy Act of 2022 (Public Law 117–263): Provided, That, if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public sector safety service: Provided further, That in the spending plan submitted pursuant to section 528 of this Act, the Office of Justice Programs shall specifically and explicitly identify all changes in the administration of competitive grant programs for fiscal year 2026, including changes to applicant eligibility, priority areas or weightings, and the application review process. juvenile justice programs For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 (Public Law 93–415) (“the 1974 Act”); title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90–351) (“the 1968 Act”); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (“the 2005 Act”); the Missing Children's Assistance Act (34 U.S.C. 11291 et seq.); the PROTECT Act (Public Law 108–21); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (“the 1990 Act”); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) (“the Adam Walsh Act”); the PROTECT Our Children Act of 2008 (Public Law 110–401) (“the 2008 Act”); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (“the 2013 Act”); the Justice for All Reauthorization Act of 2016 (Public Law 114–324); the Missing Children’s Assistance Act of 2018 (Public Law 115–267); the Juvenile Justice Reform Act of 2018 (Public Law 115–385); the Victims of Crime Act of 1984 (chapter XIV of title II of Public Law 98–473) (“the 1984 Act”); the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198); and other juvenile justice programs, $375,000,000, to remain available until expended as follows— (1) $65,000,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, nonprofit organizations with the Federal grants process: Provided, That of the amounts provided under this paragraph, $500,000 shall be for a competitive demonstration grant program to support emergency planning among State, local, and Tribal juvenile justice residential facilities; (2) $105,000,000 for youth mentoring grants; (3) $50,500,000 for delinquency prevention, of which, pursuant to sections 261 and 262 of the 1974 Act— (A) $4,000,000 shall be for grants to prevent trafficking of girls; (B) $16,000,000 shall be for the Tribal Youth Program; (C) $4,500,000 shall be for competitive grants focusing on girls in the juvenile justice system; (D) $10,500,000 shall be for an initiative relating to youth affected by opioids, stimulants, and substance use disorder; (E) $9,000,000 shall be for an initiative relating to children exposed to violence; and (F) $2,000,000 shall be for the Arts in Juvenile Justice Demonstration Program; (4) $43,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; (5) $105,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act (except that section 102(b)(4)(B) of the 2008 Act (Public Law 110–401) shall not apply for purposes of this Act); (6) $4,500,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; and (7) $2,000,000 for a program to improve juvenile indigent defense: Provided, That not more than 10 percent of each amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized: Provided further, That not more than 2 percent of the amounts designated under paragraphs (1) through (3) and (6) may be used for training and technical assistance: Provided further, That the two preceding provisos shall not apply to grants and projects administered pursuant to sections 261 and 262 of the 1974 Act and to missing and exploited children programs. public safety officer benefits (including transfer of funds) For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $34,800,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for such disability and education payments, the Attorney General may transfer such amounts to “Public Safety Officer Benefits” from available appropriations for the Department of Justice as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Community Oriented Policing Services community oriented policing services programs (including transfer of funds) For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus Crime Control and Safe Streets Act of 1968 (“the 1968 Act”); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (“the 2005 Act”); the American Law Enforcement Heroes Act of 2017 (Public Law 115–37); the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115–113) (“the LEMHW Act”); the SUPPORT for Patients and Communities Act (Public Law 115–271); the Supporting and Treating Officers In Crisis Act of 2019 (Public Law 116–32) (“the STOIC Act”); and the Law Enforcement De-Escalation Training Act of 2022 (Public Law 117–325), $800,000,000, to remain available until expended: Provided, That any balances made available through prior year deobligations shall only be available in accordance with section 505 of this Act: Provided further, That of the amount provided under this heading— (1) $253,093,613 is for grants under section 1701 of title I of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of additional career law enforcement officers under part Q of such title notwithstanding subsection (i) of such section: Provided, That, notwithstanding section 1704(c) of such title (34 U.S.C. 10384(c)), funding for hiring or rehiring a career law enforcement officer may not exceed $125,000 unless the Director of the Office of Community Oriented Policing Services grants a waiver from this limitation: Provided further, That of the amounts appropriated under this paragraph, $32,000,000 is for improving Tribal law enforcement, including hiring, equipment, training, anti-methamphetamine activities, and anti-opioid activities: Provided further, That of the amounts appropriated under this paragraph, $44,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act, which shall be transferred to and merged with “Research, Evaluation, and Statistics” for administration by the Office of Justice Programs: Provided further, That of the amounts appropriated under this paragraph, no less than $4,000,000 is to support the Tribal Access Program: Provided further, That of the amounts appropriated under this paragraph, $10,000,000 is for training, peer mentoring, mental health program activities, and other support services as authorized under the LEMHW Act and the STOIC Act: Provided further, That of the amounts appropriated under this paragraph, $5,500,000 is for the collaborative reform model of technical assistance in furtherance of section 1701 of title I of the 1968 Act (34 U.S.C. 10381); (2) $11,500,000 is for activities authorized by the POLICE Act of 2016 (Public Law 114–199); (3) $13,500,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures: Provided, That funds appropriated under this paragraph shall be utilized for investigative purposes to locate or investigate illicit activities, including precursor diversion, laboratories, or methamphetamine traffickers; (4) $34,500,000 is for competitive grants to statewide law enforcement agencies in States with high rates of primary treatment admissions for heroin and other opioids: Provided, That these funds shall be utilized for investigative purposes to locate or investigate illicit activities, including activities related to the distribution of heroin or unlawful distribution of prescription opioids, or unlawful heroin and prescription opioid traffickers through statewide collaboration; (5) $53,000,000 is for competitive grants to be administered by the Community Oriented Policing Services Office for purposes authorized under the STOP School Violence Act (title V of division S of Public Law 115–141); (6) $18,000,000 is for community policing development activities in furtherance of section 1701 of title I of the 1968 Act (34 U.S.C. 10381); (7) $401,406,387 is for a law enforcement technologies and interoperable communications program, and related law enforcement and public safety equipment, which shall be made available for the COPS Tech projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That such amounts may not be transferred for any other purpose: Provided further, That grants funded by such amounts shall not be subject to section 1703 of title I of the 1968 Act (34 U.S.C. 10383); (8) $15,000,000 is for activities authorized by the Law Enforcement De-Escalation Training Act of 2022 (Public Law 117–325); (9) that no funds disbursed through this Act shall go to any jurisdiction which does not fully cooperate with United States federal law enforcement. General Provisions—department Of Justice (including transfers of funds) Sec. 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses. Sec. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. Sec. 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. Sec. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. Sec. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section: Provided further, That this section shall not apply to the following— (1) paragraph 1(O) under the heading “State and Local Law Enforcement Assistance”; and (2) paragraph (7) under the heading “Community Oriented Policing Services Programs”. Sec. 206. None of the funds made available under this title may be used by the Federal Bureau of Prisons or the United States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. Sec. 207. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. (b) Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs. Sec. 208. None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice. Sec. 209. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), and to any use of deobligated balances of funds provided under this title in previous years. Sec. 210. None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A–76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated. Sec. 211. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 of title 28, United States Code. Sec. 212. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings “Research, Evaluation and Statistics”, “State and Local Law Enforcement Assistance”, and “Juvenile Justice Programs”— (1) up to 2 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; and (2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to the authorizations for such grant or reimbursement programs. This section shall not apply to paragraph 1(O) under the heading “State and Local Law Enforcement Assistance”. Sec. 213. Upon request by a grantee for whom the Attorney General has determined there is a fiscal hardship, the Attorney General may, with respect to funds appropriated in this or any other Act making appropriations for fiscal years 2023 through 2026 for the following programs, waive the following requirements: (1) For the adult and juvenile offender State and local reentry demonstration projects under part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631 et seq.), the requirements under section 2976(g)(1) of such part (34 U.S.C. 10631(g)(1)). (2) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination Act of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section 6(c)(3) of such Act. Sec. 214. Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts made available by this or any other Act. Sec. 215. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. Sec. 216. (a) None of the income retained in the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation during fiscal year 2026, except up to $12,000,000 may be obligated for implementation of a unified Department of Justice financial management system. (b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation in fiscal year 2026, and any use, obligation, transfer, or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. (c) Not to exceed $10,000,000 of the excess unobligated balances available under section 524(c)(8)(E) of title 28, United States Code, shall be available for obligation during fiscal year 2026, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. Sec. 217. Discretionary funds that are made available in this Act for the Office of Justice Programs may be used to participate in Performance Partnership Pilots authorized under such authorities as have been enacted for Performance Partnership Pilots in appropriations acts in prior fiscal years and the current fiscal year. Sec. 218. The Attorney General shall submit to the Committees on Appropriations of the House of Representatives and the Senate quarterly reports on the Crime Victims Fund, the Working Capital Fund, the Three Percent Fund, and the Assets Forfeiture Fund. Such quarterly reports shall contain at least the same level of information and detail for each Fund as was provided to the Committees on Appropriations of the House of Representatives and the Senate in fiscal year 2024. Sec. 219. None of the funds made available under this Act may be used to conduct, contract for, or otherwise support, live tissue training, unless the Attorney General issues a written, non-delegable determination that such training is medically necessary and cannot be replicated by alternatives. Sec. 220. None of the funds made available by this Act may be used by the Department of Justice to target or investigate parents who peacefully protest at school board meetings and are not suspected of engaging in unlawful activity. Sec. 221. None of the funds made available by this Act may be used to investigate or prosecute religious institutions on the basis of their religious beliefs. Sec. 222. Any remaining unobligated balances from amounts originally made available under the heading “Federal Bureau of Investigation—Construction” in the Department of Justice Appropriations Act, 2016 (title II of Title II of Public Law 114–113) or in the Department of Justice Appropriations Act, 2017 (title II of Title II of Public Law 115–31) for the new Federal Bureau of Investigation consolidated headquarters facility in the National Capital Region that were subsequently reprogrammed pursuant to a notification received by the Committees on Appropriations from the Assistant Attorney General for Administration on July 1, 2025, may not be further obligated until the Federal Bureau of Investigation submits to the Committees on Appropriations of the House of Representatives and the Senate the contracted and completed architectural and engineering plan for the Federal Bureau of Investigation’s new headquarters building for review: Provided, That classified portions of the architectural and engineering plan shall be submitted through a classified annex. This title may be cited as the “Department of Justice Appropriations Act, 2026”. TITLE III SCIENCE Office Of Science And Technology Policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $7,965,000. National Aeronautics And Space Administration science For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $7,250,000,000, to remain available until September 30, 2027: Provided, That of the amount made available under this heading, the total amount specified in the table under this heading in the explanatory statement described in section 4 (in the matter preceding Title I of this Act) shall be for the purposes and in not less than the amount for each such purpose specified in such table. aeronautics For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $935,000,000, to remain available until September 30, 2027. space technology For necessary expenses, not otherwise provided for, in the conduct and support of space technology research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $920,500,000, to remain available until September 30, 2027. exploration For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $7,783,000,000, to remain available until September 30, 2027: Provided, That the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate, concurrent with the annual budget submission, a 5-year budget profile for an integrated system that includes the Space Launch System, the Orion Multi-Purpose Crew Vehicle, Human Landing System, and associated ground systems. space operations For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control, and communications activities, including operations, production, and services; maintenance and repair, facility planning and design; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $4,175,000,000, to remain available until September 30, 2027. science, technology, engineering, and mathematics engagement For necessary expenses, not otherwise provided for, in the conduct and support of aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $143,000,000, to remain available until September 30, 2027: Provided, That of the amount made available under this heading, the total amount specified in the table under this heading in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) shall be for the purposes and in not less than the amount for each such purpose specified in such table. safety, security and mission services For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,000,000,000, to remain available until September 30, 2027: Provided, That if available balances in the “Science, Space, and Technology Education Trust Fund” are not sufficient to provide for the grant disbursements required under the third and fourth provisos under such heading in the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1989 (Public Law 100–404) as amended by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995 (Public Law 103–327), up to $1,000,000 shall be available from amounts made available under this heading to make such grant disbursements: Provided further, That of the amounts appropriated under this heading, $58,417,135 shall be made available for the SSMS projects, and in the amounts, specified in the table titled “Community Project Funding/Congressionally Directed Spending” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose. construction and environmental compliance and restoration For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $185,336,000, to remain available until September 30, 2031: Provided, That proceeds from leases deposited into this account shall be available for a period of 5 years to the extent and in amounts as provided in annual appropriations Acts: Provided further, That such proceeds referred to in the preceding proviso shall be available for obligation for fiscal year 2026 in an amount not to exceed $33,000,000: Provided further, That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 20145 of title 51, United States Code. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $46,500,000, of which $2,500,000 shall remain available until September 30, 2027. administrative provisions (including transfers of funds) Funds for any announced prize otherwise authorized shall remain available, without fiscal year limitation, until a prize is claimed or the offer is withdrawn. Not to exceed 10 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 20 percent by any such transfers. Any funds transferred to “Construction and Environmental Compliance and Restoration” for construction activities shall not increase that account by more than 20 percent. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. Not to exceed 5 percent of any appropriation provided for the National Aeronautics and Space Administration under previous appropriations Acts that remains available for obligation or expenditure in fiscal year 2026 may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this provision shall retain its original availability and shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The spending plan required by this Act shall be provided by the National Aeronautics and Space Administration at the theme, program, project, and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Not more than 20 percent or $50,000,000, whichever is less, of the amounts made available in the current-year Construction and Environmental Compliance and Restoration (CECR) appropriation may be applied to CECR projects funded under previous years’ CECR appropriations. Use of current-year funds under this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. Of the amounts made available in this Act under the heading “Science, Technology, Engineering, and Mathematics Engagement” (“STEM Engagement”), up to $5,000,000 shall be available to jointly fund, with an additional amount of up to $1,000,000 each from amounts made available in this Act under the headings “Science”, “Aeronautics”, “Space Technology”, “Exploration”, and “Space Operations”, projects and activities for engaging students in STEM and increasing STEM research capacities of universities, including Minority Serving Institutions. Not to exceed $38,500,000 made available for the current fiscal year in this Act within “Safety, Security and Mission Services” may be transferred to the Working Capital Fund of the National Aeronautics and Space Administration. Balances so transferred shall be available until expended only for activities described in section 30102(b)(3) of title 51, United States Code, as amended by this Act, and shall remain available until expended. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. There is hereby established in the Treasury of the United States a fund to be known as the “National Aeronautics and Space Administration Nonrecurring Expenses Fund” (the Fund). Unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the National Aeronautics and Space Administration (NASA) by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund. Amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for facilities infrastructure improvements, including nonrecurring maintenance, necessary for the operation of NASA, subject to approval by the Office of Management and Budget. Amounts in the Fund may not be available for the purpose described in subsection (b)(3) of section 30102 of title 51, United States Code. Amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 30 days in advance of the planned use of funds. National Science Foundation research and related activities For necessary expenses in carrying out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86–209 (42 U.S.C. 1880 et seq.); services as authorized by section 3109 of title 5, United States Code; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $7,176,500,000, to remain available until September 30, 2027: Provided, That of the amounts appropriated under this heading, not to exceed $700,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program: Provided further, That of the amounts in the preceding proviso, not less than $118,800,000 shall be for U.S. Antarctic Logistical Support: Provided further, That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation. major research equipment and facilities construction For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized travel, $251,000,000, to remain available until expended. stem education For necessary expenses in carrying out science, mathematics, and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including services as authorized by section 3109 of title 5, United States Code, authorized travel, and rental of conference rooms in the District of Columbia, $938,250,000, to remain available until September 30, 2027: Provided, That of the amount made available under this heading, the total amount specified in the table under this heading in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) shall be for the purposes and in not less than the amount for each such purpose specified in such table. agency operations and award management For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.); services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; rental of conference rooms in the District of Columbia; and reimbursement of the Department of Homeland Security for security guard services; $355,000,000: Provided, That not to exceed $12,000 is for official reception and representation expenses: Provided further, That contracts may be entered into under this heading in fiscal year 2026 for maintenance and operation of facilities and for other services to be provided during the next fiscal year. office of the national science board For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42 U.S.C. 1880 et seq.), $5,090,000: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses. office of inspector general For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $24,160,000, of which $1,500,000 shall remain available until September 30, 2027. administrative provisions (including transfer of funds) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The Director of the National Science Foundation (NSF) shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 30 days in advance of any planned divestment through transfer, decommissioning, termination, or deconstruction of any NSF-owned facilities or any NSF capital assets (including land, structures, and equipment) valued greater than $2,500,000. This title may be cited as the “Science Appropriations Act, 2026”. TITLE IV RELATED AGENCIES Commission On Civil Rights salaries and expenses For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $14,350,000: Provided, That none of the funds appropriated in this paragraph may be used to employ any individuals under Schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations exclusive of one special assistant for each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days: Provided further, That the Chair may accept and use any gift or donation to carry out the work of the Commission: Provided further, That none of the funds appropriated in this paragraph shall be used for any activity or expense that is not explicitly authorized by section 3 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a): Provided further, That notwithstanding the preceding proviso, $2,000,000 shall be used to separately fund the Commission on the Social Status of Black Men and Boys. Equal Employment Opportunity Commission salaries and expenses For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic Information Nondiscrimination Act (GINA) of 2008 (Public Law 110–233), the ADA Amendments Act of 2008 (Public Law 110–325), the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111–2), and Public Law 117–328, including services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; nonmonetary awards to private citizens; and up to $32,500,000 for payments to State and local enforcement agencies for authorized services to the Commission, $435,382,000, of which $2,788,000 shall be for the Office of the Inspector General: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,250 from available funds: Provided further, That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of the House of Representatives and the Senate have been notified of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the Chair may accept and use any gift or donation to carry out the work of the Commission. International Trade Commission salaries and expenses For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $2,250 for official reception and representation expenses, $122,000,000, to remain available until expended, of which not less than $2,096,176 shall be for the Office of Inspector General in carrying out the Inspector General Act of 1978 (5 U.S.C. 401 et seq.). Legal Services Corporation payment to the legal services corporation For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $540,000,000, of which $496,300,000 is for basic field programs and required independent audits; $6,000,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $26,200,000 is for management and grants oversight; $4,750,000 is for client self-help and information technology; $4,750,000 is for a Pro Bono Innovation Fund; and $2,000,000 is for loan repayment assistance: Provided, That the budget execution for the payment to the Legal Services Corporation shall be carried out in this fiscal year in the same manner as such budget execution was carried out in fiscal year 2024 and such payment shall be made in full as an annual installment paid to the Corporation at the beginning of the fiscal year in such amounts as specified under this heading: Provided further, That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC-based employees as authorized by section 5304 of title 5, United States Code, notwithstanding section 1005(d) of the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided further, That the authorities provided in section 205 of this Act shall be applicable to the Legal Services Corporation: Provided further, That, for the purposes of section 505 of this Act, the Legal Services Corporation shall be considered an agency of the United States Government. administrative provisions—legal services corporation None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2025 and 2026, respectively. Section 501 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105–119) is amended by adding the following new subsection at the end: “(d) Modified governing body requirement.—For purposes of this Act, section 1007(c) of the Legal Services Corporation Act (42 U.S.C. 2996f(c)) shall be applied by substituting ‘33 percent’ for ‘60 percent’.”. Section 502(2) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (Public Law 104–134) is amended by striking subparagraph (B) in its entirety and replacing it with the following: “(B) is governed by a board of directors or other governing body, 33 percent of which is comprised of attorneys who are members of the bar of a State, as defined in section 1002(8) of the Legal Services Corporation Act (42 U.S.C. 2996a(8)), in which the legal assistance is to be provided;”. Marine Mammal Commission salaries and expenses For necessary expenses of the Marine Mammal Commission as authorized by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), $4,300,000, to remain available until September 30, 2027. Office Of The United States Trade Representative salaries and expenses For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by section 3109 of title 5, United States Code, $65,000,000, of which $1,000,000 shall remain available until expended: Provided, That of the total amount made available under this heading, not to exceed $124,000 shall be available for official reception and representation expenses. trade enforcement trust fund (including transfer of funds) For activities of the United States Trade Representative authorized by section 611 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4405), including transfers, $23,000,000, to be derived from the Trade Enforcement Trust Fund: Provided, That any transfer pursuant to subsection (d)(1) of such section shall be treated as a reprogramming under section 505 of this Act. State Justice Institute salaries and expenses For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.) $7,640,000, of which $500,000 shall remain available until September 30, 2027: Provided, That not to exceed $2,250 shall be available for official reception and representation expenses: Provided further, That, for the purposes of section 505 of this Act, the State Justice Institute shall be considered an agency of the United States Government. TITLE V GENERAL PROVISIONS (including transfers and rescissions of funds) Sec. 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. Sec. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. Sec. 505. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2026, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs, or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects, or activities in excess of $500,000 or 5 percent, whichever is less, or reduces by 5 percent funding for any program, project, or activity, or numbers of personnel by 5 percent; (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 30 days in advance of such reprogramming of funds. Sec. 506. (a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. (b) (1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions. (2) The term “promotional items” has the meaning given the term in OMB Circular A–87, Attachment B, Item (1)(f)(3). Sec. 507. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation. (b) The report described in subsection (a) shall be submitted within 30 days of the end of each quarter. (c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled. Sec. 508. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care and protection of loan collateral or grant property. Sec. 509. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. Sec. 510. Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101) in any fiscal year in excess of $1,950,000,000 shall not be available for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available from the Fund for obligation: (1) $10,000,000 shall be transferred to the Department of Justice Office of Inspector General and remain available until expended for oversight and auditing purposes associated with this section; and (2) 5 percent shall be available to the Office for Victims of Crime for grants, consistent with the requirements of the Victims of Crime Act, to Indian Tribes to improve services for victims of crime. Sec. 511. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. Sec. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. Sec. 513. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed. (b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude— (1) any matter described in section 552(b) of title 5, United States Code; and (2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes. (c) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract. (d) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities. Sec. 514. (a) None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire a high-impact or moderate-impact information system, as defined for security categorization in the National Institute of Standards and Technology's (NIST) Federal Information Processing Standard Publication 199, “Standards for Security Categorization of Federal Information and Information Systems” unless the agency has— (1) reviewed the supply chain risk for the information systems against criteria developed by NIST and the Federal Bureau of Investigation (FBI) to inform acquisition decisions for high-impact and moderate-impact information systems within the Federal Government; (2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and (3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Russian Federation. (b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high-impact or moderate-impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has— (1) developed, in consultation with NIST, the FBI, and supply chain risk management experts, a mitigation strategy for any identified risks; (2) determined, in consultation with NIST and the FBI, that the acquisition of such system is in the national interest of the United States; and (3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate and the agency Inspector General. Sec. 515. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. Sec. 516. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of— (1) paragraph 2 of article 16.7 of the United States–Singapore Free Trade Agreement; (2) paragraph 4 of article 17.9 of the United States–Australia Free Trade Agreement; or (3) paragraph 4 of article 15.9 of the United States–Morocco Free Trade Agreement. Sec. 517. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by these Acts. Sec. 518. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent or more, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project's management structure is adequate to control total project or procurement costs. Sec. 519. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2026 until the enactment of the Intelligence Authorization Act for fiscal year 2026. Sec. 520. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (rescissions) Sec. 521. (a) Of the unobligated balances available to the Department of Commerce, the following funds are hereby permanently rescinded, not later than September 30, 2026, from the following accounts in the specified amounts— (1) “Economic Development Administration—Economic Development Assistance Programs”, $60,000,000, only from prior year appropriations that remain available until expended; and (2) “Census Working Capital Fund”, $15,000,000. (b) Of the unobligated balances from prior year appropriations available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2026, from the following accounts in the specified amounts— (1) “State and Local Law Enforcement Activities—Office on Violence Against Women—Violence Against Women Prevention and Prosecution Programs”, $36,000,000; (2) “State and Local Law Enforcement Activities—Office of Justice Programs”, $250,000,000; and (3) “State and Local Law Enforcement Activities—Community Oriented Policing Services”, $25,000,000. (c) Of the unobligated balances available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2026, from the following accounts in the specified amounts— (1) “Working Capital Fund”, $210,000,000; and (2) “Legal Activities—Assets Forfeiture Fund”, $113,200,000. (d) The Departments of Commerce and Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2026, specifying the amount of each rescission made pursuant to subsections (a), (b), and (c). (e) The amounts rescinded in subsections (a), (b), and (c) shall not be from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. (f) The amounts rescinded pursuant to subsections (b) and (c) shall not be from— (1) amounts provided under subparagraph (Q) of paragraph (1) under the heading “State and Local Law Enforcement Activities—Office of Justice Programs—State and Local Law Enforcement Assistance” in title II of Title II of Public Law 117–103 or Public Law 117–328, or amounts provided under subparagraph (R) of paragraph (1) under the heading “State and Local Law Enforcement Activities—Office of Justice Programs—State and Local Law Enforcement Assistance” in title II of Title III of Public Law 118–42; or (2) amounts provided under paragraph (7) under the heading “State and Local Law Enforcement Activities—Community Oriented Policing Services—Community Oriented Policing Services Programs” in title II of Title II of Public Law 117–103 or Public Law 117–328, or amounts provided under paragraph (7) under the heading “State and Local Law Enforcement Activities—Community Oriented Policing Services—Community Oriented Policing Services Programs” in title II of Title III of Public Law 118–42. Sec. 522. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations. Sec. 523. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring outside the United States unless— (1) such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States; or (2) such conference is a scientific conference and the department or agency head determines that such attendance is in the national interest and notifies the Committees on Appropriations of the House of Representatives and the Senate within at least 15 days of that determination and the basis for that determination. Sec. 524. The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following: (1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. (2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts. (3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States. (4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts. Sec. 525. To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are “Energy Star” qualified or have the “Federal Energy Management Program” designation. Sec. 526. (a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA) or the Office of Science and Technology Policy (OSTP) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act. (b) None of the funds made available by this Act may be used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA. (c) The limitations described in subsections (a) and (b) shall not apply to activities which NASA or OSTP, after consultation with the Federal Bureau of Investigation, have certified— (1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and (2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights. (d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major participants, and its location and timing. Sec. 527. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication, or other law enforcement- or victim assistance-related activity. Sec. 528. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Offices of Science and Technology Policy and the United States Trade Representative, and the State Justice Institute shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate not later than 45 days after the date of enactment of this Act: Provided, That the spending plans submitted pursuant to this section shall contain at least the same level of detail as the spending plans submitted pursuant to this section in fiscal year 2024. Sec. 529. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements of a contract. Sec. 530. None of the funds made available by this Act may be used in contravention of section 7606 (“Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014 (Public Law 113–79) by the Department of Justice or the Drug Enforcement Administration. Sec. 531. None of the funds made available under this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana. Sec. 532. The Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation shall provide a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate on any official travel to China by any employee of such Department or agency, including the purpose of such travel. Sec. 533. Of the amounts made available by this Act, not less than 10 percent of each total amount provided, respectively, for Public Works grants authorized by the Public Works and Economic Development Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated for assistance in persistent poverty counties: Provided, That for purposes of this section, the term “persistent poverty counties” means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1993 Small Area Income and Poverty Estimates, the 2000 decennial census, and the most recent Small Area Income and Poverty Estimates, or any Territory or possession of the United States. Sec. 534. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles. (b) The foregoing exemption from obtaining an export license— (1) does not exempt an exporter from filing any Shipper's Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and (2) does not permit the export without a license of— (A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; (B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or (C) articles for export from Canada to another foreign destination. (c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. (d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased. Sec. 535. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import United States origin “curios or relics” firearms, parts, or ammunition. Sec. 536. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if— (1) all other requirements of law with respect to the proposed importation are met; and (2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes. Sec. 537. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. Sec. 538. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. Sec. 539. (a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. Sec. 540. Funds made available to the Department of Commerce and the Department of Justice in this Act and any remaining unobligated balances of funds made available to the Department of Commerce and the Department of Justice in prior year Acts, other than amounts designated by the Congress as being for an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985 or from amounts made available under the heading “Department of Justice—Legal Activities—Fees and Expenses of Witnesses”, shall be available to provide payments pursuant to section 901(i)(2) of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)(2)): Provided, That payments made pursuant to the matter preceding this proviso may not exceed $5,000,000 for the Department of Commerce and $10,000,000 for the Department of Justice. Sec. 541. (a) (1) Within 45 days of enactment of this Act, the Secretary of Commerce shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund for fiscal year 2026 pursuant to paragraphs (1) and (2) of section 102(a) of the CHIPS Act of 2022 (Title I of Public Law 117–167) not otherwise allocated pursuant to section 546(a)(1)(B) of Title III of Public Law 118–42, including the transfer authority in such paragraphs of that section of that Act, to the accounts specified, in the amounts specified, and for the projects and activities specified, in the table titled “Department of Commerce Allocation of National Institute of Standards and Technology Funds: CHIPS Act Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). (2) Within 45 days of enactment of this Act, the Director of the National Science Foundation shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund for fiscal year 2026 pursuant to section 102(d)(1) of the CHIPS Act of 2022 (Title I of Public Law 117–167), to the account specified, in the amounts specified, and for the projects and activities specified in the table titled “National Science Foundation Allocation of Funds: CHIPS Act Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). (b) Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under section 102(a)(2)(A) of the CHIPS Act of 2022 or under section 102(d)(2) of such Act if there is in effect an Act making or continuing appropriations for part of a fiscal year for the Departments of Commerce and Justice, Science, and Related Agencies: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation, apportionment, or allotment of amounts for continuing administration of programs allocated funds from the CHIPS for America Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsection (a) of this section. (c) Subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations of the House of Representatives and the Senate, and subject to the terms and conditions in section 505 of this Act— (1) the Secretary of Commerce may reallocate funds allocated to Industrial Technology Services for section 9906 of Public Law 116–283 by subsection (a)(1) of this section; and (2) the Director of the National Science Foundation may reallocate funds allocated to the CHIPS for America Workforce and Education Fund by subsection (a)(2) of this section. (d) Concurrent with the annual budget submission of the President for fiscal year 2027, the Director of the National Science Foundation, as appropriate, shall submit to the Committees on Appropriations of the House of Representatives and the Senate proposed allocations by account and by program, project, or activity, with detailed justifications, for amounts made available under section 102(d)(2) of the CHIPS Act of 2022 for fiscal year 2027. (e) The Department of Commerce and the National Science Foundation, as appropriate, shall each provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded by the CHIPS for America Fund for amounts allocated pursuant to subsection (a)(1) of this section and prior appropriations Acts, the status of balances of projects and activities funded by the Public Wireless Supply Chain Innovation Fund for amounts allocated pursuant to section 543(a)(2) of Title II of Public Law 117–328, and the status of balances of projects and activities funded by the CHIPS for America Workforce and Education Fund for amounts allocated pursuant to subsection (a)(2) of this section and prior appropriations Acts, including all uncommitted, committed, and unobligated funds. Sec. 542. In making Federal financial assistance, the Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation shall continue to apply the negotiated indirect cost rates in section 200.414 of title 2, Code of Federal Regulations, including with respect to the approval of deviations from negotiated indirect cost rates, to the same extent and in the same manner as such negotiated indirect cost rates were applied in fiscal year 2024: Provided, That none of the funds appropriated in this or prior Commerce, Justice, Science, and Related Agencies Appropriations Acts, or otherwise made available to the Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation may be used to develop, modify, or implement changes to such fiscal year 2024 negotiated indirect cost rates. Sec. 543. None of the funds made available by this Act may be used to move the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Canine Training Center or the ATF National Canine Division from Front Royal, Virginia, to another location. Sec. 544. (a) Of the amounts made available under the heading “Department of Commerce—National Oceanic and Atmospheric Administration—Operations, Research, and Facilities”, $507,000,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated under such heading for fiscal year 2026 in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58): Provided, That amounts derived by transfer pursuant to this subsection shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. (b) Of the amounts made available under the heading “Department of Commerce—National Telecommunications and Information Administration—Salaries and Expenses”, $50,000,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated under the heading “National Telecommunications and Information Administration” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58), of which $25,000,000 shall be from amounts repurposed or transferred for salaries and expenses, administration, and oversight of programs pursuant to section 542 of the Consolidated Appropriations Act, 2024 (Public Law 118–42) and $25,000,000 shall be from amounts made available under the heading “Middle Mile Deployment”: Provided, That amounts derived by transfer pursuant to this subsection shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. (c) Of the amounts made available under the heading “Department of Commerce—Economic Development Administration—Economic Development Assistance Programs”, $16,276,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated under the heading “National Telecommunications and Information Administration” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) and repurposed or transferred for salaries and expenses, administration, and oversight of programs pursuant to section 542 of the Consolidated Appropriations Act, 2024 (Public Law 118–42): Provided, That amounts derived by transfer pursuant to this subsection shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. (d) Of the amounts made available under the heading “Department of Commerce—National Oceanic and Atmospheric Administration—Procurement, Acquisition and Construction”, $44,000,000 shall be derived by transfer from the unobligated balances of the Department of Commerce Nonrecurring Expenses Fund. This division may be cited as the “Commerce, Justice, Science, and Related Agencies Appropriations Act, 2026”. DIVISION B—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2026 TITLE I CORPS OF ENGINEERS—CIVIL DEPARTMENT OF THE ARMY Corps Of Engineers—civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. investigations For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $150,384,000, to remain available until expended: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. construction For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction); $3,169,966,000, to remain available until expended; of which $217,983,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program; and of which such sums as are necessary to cover 25 percent of the costs of construction, replacement, rehabilitation, and expansion of inland waterways projects shall be derived from the Inland Waterways Trust Fund, except as otherwise specifically provided for in law: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. mississippi river and tributaries For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $531,588,000, to remain available until expended, of which $9,768,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operation and maintenance costs for inland harbors: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. operation and maintenance (including transfer of funds) For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing and straightening channels; and removing obstructions to navigation, $6,013,217,000, to remain available until expended, of which $3,245,249,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operations and maintenance costs for coastal harbors and channels, and for inland harbors, of which $416,760,000 shall be for donor and energy ports as specified in section 102 of the Water Resources Development Act of 2020; of which $40,000,000, to be derived from the general fund of the Treasury, shall be for the design and construction to replace Federal dredges, in addition to amounts otherwise made available for such purposes, and shall be transferred to and merged with funds available for such purposes in the revolving fund established by the first section of the Act of July 27, 1953 (33 U.S.C. 576); of which such sums as may be necessary shall be derived from amounts collected in this or prior fiscal years under section 210 of the Flood Control Act of 1968 (16 U.S.C. 460d–3) and are not otherwise appropriated shall be for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; of which such sums as become available from fees collected under section 217 of Public Law 104–303 shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which such fees have been collected; and of which $62,000,000, to be derived from the general fund of the Treasury, shall be to carry out subsection (c) of section 2106 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2238c) and shall be designated as being for such purpose pursuant to paragraph (2) of section 14003 of Title II of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136): Provided, That funding derived from the Harbor Maintenance Trust Fund for donor and energy ports shall be allocated solely in accordance with section 2106 of the Water Resources Reform and Development Act of 2014: Provided further, That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. regulatory program For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $221,000,000, to remain available until September 30, 2027. formerly utilized sites remedial action program For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation's early atomic energy program, $75,000,000, to remain available until expended. flood control and coastal emergencies For expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $40,000,000, to remain available until expended. expenses For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the Corps of Engineers and the offices of the Division Engineers; and for costs of management and operation of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center allocable to the civil works program, $220,000,000, to remain available until September 30, 2027, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided, That no part of any other appropriation provided in this title shall be available to fund the civil works activities of the Office of the Chief of Engineers or the civil works executive direction and management activities of the division offices: Provided further, That any Flood Control and Coastal Emergencies appropriation may be used to fund the supervision and general administration of emergency operations, repairs, and other activities in response to any flood, hurricane, or other natural disaster. office of the assistant secretary of the army for civil works For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. 7016(b)(3), $7,000,000, to remain available until September 30, 2027: Provided, That not more than 75 percent of such amount may be obligated or expended until the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress the report required under section 101(d) of this Act and a work plan that allocates at least 95 percent of the additional funding provided under each heading in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), to specific programs, projects, or activities. water infrastructure finance and innovation program account For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $2,200,000, to remain available until expended, for safety projects to maintain, upgrade, and repair dams identified in the National Inventory of Dams with a primary owner type of State, local government, public utility, or private: Provided, That any activity that results in a decrease in the hazard or a decrease in the potential consequences of poor performance of a dam structure listed on the National Inventory of Dams with a primary owner type of State, local government, public utility, or private shall be considered a safety project eligible for funds provided under this heading for that purpose by this or any prior Act: Provided further, That any safety project for a dam identified in the National Inventory of Dams with a primary owner type of State, local government, public utility, or private shall be eligible under section 5026(1)(A) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121) (33 U.S.C. 3905(1)(A)) for funds provided under this heading for that purpose by this or any prior Act: Provided further, That no project may be funded with amounts provided under this heading in this or any prior Act for a dam that is identified as jointly owned in the National Inventory of Dams and where one of those joint owners is the Federal Government: Provided further, That not later than 90 days following the end of any submittal period occurring before or after the date of enactment of this Act of a solicitation of preliminary applications from prospective borrowers seeking credit assistance of funds made available under this heading by this or any prior Act, the Secretary shall provide to each applicant a written notice to inform the applicant whether the applicant will be invited to apply for credit assistance: Provided further, That amounts made available under this heading in this Act shall also be available for projects to construct, maintain, upgrade, and repair levees and ancillary features with a primary owner type of State, municipal, county, private, or other non-Federal entity: Provided further, That not later than 60 days after the date of enactment of this Act, the Secretary shall begin a rulemaking process to establish the process to provide financial assistance for projects to construct, maintain, upgrade, and repair levees and ancillary features with a primary owner type of State, municipal, county, private, or other non-Federal entity: Provided further, That no project may be funded with amounts provided under this heading for a levee unless the Secretary has certified in advance, in writing, that the levee is not owned, in whole or in part, by the Federal Government: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $500,000,000: Provided further, That the use of direct loans or loan guarantee authority under this heading for direct loans or commitments to guarantee loans for any project, including any project that is made eligible for funds pursuant to the second proviso under this heading, shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading “Water Infrastructure Finance and Innovation Program Account” in division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94): Provided further, That none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Secretary and the Director of the Office of Management and Budget have certified in advance in writing that the direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in the previous proviso: Provided further, That any references to the Environmental Protection Agency (EPA) or the Administrator in the criteria referenced in the previous two provisos shall be deemed to be references to the Army Corps of Engineers or the Secretary of the Army, respectively, for purposes of the direct loans or loan guarantee authority made available under this heading: Provided further, That for the purposes of carrying out the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Secretary shall promptly provide, documentation and information relating to a project identified in a Letter of Interest submitted to the Secretary pursuant to a Notice of Funding Availability for applications for credit assistance under the Water Infrastructure Finance and Innovation Act Program, including with respect to a project that was initiated or completed before the date of enactment of this Act. In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $5,000,000, to remain available until September 30, 2027. GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL (including transfers of funds) Sec. 101. (a) None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2026, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) augments or reduces existing programs, projects, or activities in excess of the amounts contained in paragraphs (6) through (10), unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provided, That for a base level less than $100,000, the reprogramming limit is $25,000: Provided further, That up to $25,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided, That for a base level less than $2,000,000, the reprogramming limit is $300,000: Provided further, That up to $3,000,000 may be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further, That up to $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted for the Corps to be able to respond to emergencies: Provided, That the Chief of Engineers shall notify the Committees on Appropriations of both Houses of Congress of these emergency actions as soon thereafter as practicable: Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit of $5,000,000 per project, study, or activity is allowed: Provided further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation; (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, respectively; and (10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.—Reprogramming of up to 15 percent of the base of the receiving project is permitted. (b) De minimus reprogrammings.—In no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress. (c) Continuing authorities program.—Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (d) Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations of both Houses of Congress to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year which shall include: (1) A table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fiscal year enacted level; (2) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; and (3) An identification of items of special congressional interest. Sec. 102. The Secretary shall allocate funds made available in this Act solely in accordance with the provisions of this Act and in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), including the determination and designation of new starts. Sec. 103. (a) None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. (b) Subsection (a) shall not apply to projects with awarded integrated design and construction contracts (IDaC) as of the date of enactment of this Act: Provided, That the Corps shall modify the existing IDaC contracts for such projects to incorporate the authority provided in 33 U.S.C. 621 and DFARS 252.232–7007 pursuant to DFARS 232.703–1(1)(ii)(B) within 60 days of the date of enactment of this Act: Provided further, That the Corps shall notify the Committees on Appropriations of both Houses of Congress upon execution of such modifications for each project and upon commencement of work addressed in such modification: Provided further, That the Corps shall fully obligate any funds previously designated in Public Law 117–58 or prior appropriations bill as part of the modification, and as required supervision and administration associated with that modification: Provided further, That amounts repurposed pursuant to this section shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. Sec. 104. The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $8,733,000 of funds provided in this title under the heading “Operation and Maintenance” to mitigate for fisheries lost due to Corps of Engineers projects. Sec. 105. None of the funds in this Act shall be used for an open lake placement alternative for dredged material, after evaluating the least costly, environmentally acceptable manner for the disposal or management of dredged material originating from Lake Erie or tributaries thereto, unless it is approved under a State water quality certification pursuant to section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341): Provided, That until an open lake placement alternative for dredged material is approved under a State water quality certification, the Corps of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211). Sec. 106. Additional funding provided in this Act shall be allocated only to projects determined to be eligible by the Chief of Engineers. Sec. 107. Subject to consultation with the non-Federal sponsor and retaining sufficient amounts for the Corps of Engineers to carry out any of its responsibilities relating to the project and using appropriations made available to the project prior to the enactment of this Act, the Secretary of the Army shall make advance payments to the non-Federal sponsors for their use in completing construction of any project for flood risk management identified in implementation guidance for the Civil Works Public-Private Partnership Pilot Program issued by the Director of Civil Works on January 8, 2019 and that is under construction on the date of enactment of this Act and for which a prior executed Project Partnership Agreement, as amended, specifically identifies Federal Work, Non-Federal Work, and a Federal Participation Amount in excess of $700,000,000: Provided, That amounts described in the matter preceding this proviso shall be credited by the Secretary toward the Federal Participation Amount: Provided further, That prior to making any payments authorized in the matter preceding the first proviso, the Secretary and the non-Federal sponsors shall amend the Project Partnership Agreement executed for the project in order to implement any such payments and credits. Sec. 108. None of the funds made available by this Act may be used to carry out any water supply reallocation study under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946 (60 Stat. 636, ch. 595). Sec. 109. Section 225(c)(2)(A)(ii) of the Water Resources Development Act of 1992 (33 U.S.C. 2328(c)(2)(A)(ii)) is amended by striking “at recreation site at which the fee is collected” and inserting “at any recreation site or facility that is located at the civil works project at which the fee is collected”. TITLE II DEPARTMENT OF THE INTERIOR Central Utah Project central utah project completion account For carrying out activities authorized by the Central Utah Project Completion Act, $23,000,000, to remain available until expended, of which $4,000,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission: Provided, That of the amount provided under this heading, $1,950,000 shall be available until September 30, 2027, for expenses necessary in carrying out related responsibilities of the Secretary of the Interior: Provided further, That for fiscal year 2026, of the amount made available to the Commission under this Act or any other Act, the Commission may use an amount not to exceed $2,186,000 for administrative expenses. Bureau Of Reclamation The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation: water and related resources (including transfers of funds) For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian Tribes, and others, $1,465,630,000, to remain available until expended, of which $23,899,000 shall be available for transfer to the Upper Colorado River Basin Fund and $7,679,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided, That such transfers may be increased or decreased within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund, the Water Storage Enhancement Receipts account established by section 4011(e) of Public Law 114–322, or the Bureau of Reclamation special fee account established by 16 U.S.C. 6806 shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which the funds were contributed: Provided further, That funds advanced under 43 U.S.C. 397a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading: Provided further, That of the amounts made available under this heading, $3,237,000 shall be deposited in the San Gabriel Basin Restoration Fund established by section 110 of title I of Title II of appendix D of Public Law 106–554: Provided further, That in accordance with section 4007 of Public Law 114–322 and as recommended by the Secretary in a letter dated January 2, 2026, funding provided for such purpose in fiscal year 2025 shall be made available to the Sites Reservoir Project and the B.F. Sisk Dam Raise and Reservoir Expansion Project: Provided further, That in accordance with section 4009(a) of Public Law 114–322 and as recommended by the Secretary in a letter dated January 2, 2026, funding provided for such purpose in fiscal year 2025 and prior fiscal years shall be made available to the Kay Bailey Hutchison Expansion—Concentrate Pipeline Partial Replacement Project and the McAllen Brackish Groundwater Treatment Facility. central valley project restoration fund For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley Project Improvement Act, such sums as may be collected in fiscal year 2026 in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, to remain available until expended: Provided, That the Bureau of Reclamation is directed to assess and collect the full amount of the additional mitigation and restoration payments authorized by section 3407(d) of Public Law 102–575: Provided further, That none of the funds made available under this heading may be used for the acquisition or leasing of water for in-stream purposes if the water is already committed to in-stream purposes by a court adopted decree or order. california bay-delta restoration (including transfers of funds) For carrying out activities authorized by the Water Supply, Reliability, and Environmental Improvement Act, consistent with plans to be approved by the Secretary of the Interior, $32,000,000, to remain available until expended, of which such amounts as may be necessary to carry out such activities may be transferred to appropriate accounts of other participating Federal agencies to carry out authorized purposes: Provided, That funds appropriated herein may be used for the Federal share of the costs of CALFED Program management: Provided further, That CALFED implementation shall be carried out in a balanced manner with clear performance measures demonstrating concurrent progress in achieving the goals and objectives of the Program. policy and administration For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2027, $64,000,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377, of which not to exceed $5,000 may be used for official reception and representation expenses: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. administrative provision Appropriations for the Bureau of Reclamation shall be available for purchase and replacement of not to exceed 30 motor vehicles, which are for replacement only. GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR Sec. 201. (a) None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous or subsequent appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2026, shall be available for obligation or expenditure through a reprogramming of funds that— (1) initiates or creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of both Houses of Congress: (A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or (B) $400,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year; (6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; or (7) transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of both Houses of Congress. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. (c) For purposes of this section, the term “transfer” means any movement of funds into or out of a program, project, or activity. (d) Except as provided in subsections (a) and (b), the amounts made available in this title under the heading “Bureau of Reclamation—Water and Related Resources” shall be expended for the programs, projects, and activities specified in the “Final Bill” columns in the “Water and Related Resources” table included under the heading “Title II—Department of the Interior” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). (e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act. Sec. 202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the “Cleanup Program—Alternative Repayment Plan” and the “SJVDP—Alternative Repayment Plan” described in the report entitled “Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995”, prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law. Sec. 203. Section 9504(e) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by striking “$920,000,000” and inserting “$1,000,000,000”. Sec. 204. (a) Title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as amended, shall be applied by substituting “2026” for “2022” each place it appears. (b) Section 103(f)(4)(A) of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681) is amended by striking “$30,000,000” and inserting “$32,600,000”. Sec. 205. Section 9106(g)(2) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11) shall be applied by substituting “2026” for “2022”. Sec. 206. Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting “$130,000,000” for “$120,000,000”. Sec. 207. Section 9503(f) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10363(f)) shall be applied by substituting “2026” for “2023”. Sec. 208. In this fiscal year and each fiscal year thereafter, notwithstanding the Act of May 9, 1938, (43 U.S.C. 392a), all monies received by the United States in connection with the repayment or reimbursement of costs for all projects, including power, financed in whole or in part with money from the Aging Infrastructure Account created pursuant to section 9603(d) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b(d)) shall be repaid and deposited to that account. Sec. 209. (a) Section 10609(a)(1) of the Northwestern New Mexico Rural Water Projects Act (subtitle B of title X of Public Law 111–11)— (1) is amended by striking “$870,000,000” and inserting “$1,815,000,000”; and (2) shall be applied by substituting “2026” for “2024”. (b) Section 10604(b)(3)(B) of the Northwestern New Mexico Rural Water Projects Act (subtitle B of title X of Public Law 111–11) is amended to read as follows: “MAXIMUM SHARE.—Notwithstanding subparagraph (A), the repayment obligation of the City shall not exceed $76,000,000”. Sec. 210. Section 10 of Public Law 89–108, as amended (79 Stat. 433; 100 Stat. 424; 106 Stat. 4669; 114 Stat. 2763A–291), is further amended— (1) in subsection (b)(1), by— (A) redesignating subparagraph (C) as subparagraph (D); and (B) inserting after subparagraph (B), the following: “(C) OTHER AMOUNTS.—In addition to the amounts made available under subparagraphs (A) and (B), there is authorized to be appropriated to carry out section 7(a) $50,000,000.”; and (2) in subsection (e), by inserting prior to the last sentence, the following: “Such indexing shall also be applied for the $50,000,000 amount under subsection (b)(1)(C) for costs incurred after the date of enactment.”. TITLE III DEPARTMENT OF ENERGY ENERGY PROGRAMS Energy Efficiency And Renewable Energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $3,100,000,000, to remain available until expended: Provided, That of such amount, $224,000,000 shall be available until September 30, 2027, for program direction. Cybersecurity, Energy Security, And Emergency Response For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy sector cybersecurity, energy security, and emergency response activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $190,000,000, to remain available until expended: Provided, That of such amount, $24,000,000 shall be available until September 30, 2027, for program direction. Electricity For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $235,000,000, to remain available until expended: Provided, That of such amount, $19,700,000 shall be available until September 30, 2027, for program direction. Grid Deployment For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for grid deployment in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $25,000,000, to remain available until expended: Provided, That of such amount, $6,000,000 shall be available until September 30, 2027, for program direction. Nuclear Energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,785,000,000, to remain available until expended: Provided, That of such amount, $88,000,000 shall be available until September 30, 2027, for program direction: Provided further, That for the purpose of section 954(a)(7) of the Energy Policy Act of 2005, as amended, the only amount available shall be from the amount specified as including that purpose in the “Final Bill” column in the “Department of Energy” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). Fossil Energy For Department of Energy expenses necessary in carrying out fossil energy research and development activities, under the authority of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $720,000,000, to remain available until expended: Provided, That of such amount $70,000,000 shall be available until September 30, 2027, for program direction. Energy Projects For Department of Energy expenses necessary in carrying out community project funding activities, under the authority of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), $97,557,000, to remain available until expended, for projects, and in the amounts, specified for this account in the table entitled “Community Project Funding/Congressionally Directed Spending” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). Naval Petroleum And Oil Shale Reserves For Department of Energy expenses necessary to carry out naval petroleum and oil shale reserve activities, $13,000,000, to remain available until expended: Provided, That notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities. Strategic Petroleum Reserve For Department of Energy expenses necessary for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $206,325,000, to remain available until expended. Spr Petroleum Account For the acquisition, transportation, and injection of petroleum products, and for other necessary expenses pursuant to the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note), section 32204 of the Fixing America’s Surface Transportation Act (42 U.S.C. 6241 note), and section 30204 of the Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note), $100,000, to remain available until expended. Northeast Home Heating Oil Reserve For Department of Energy expenses necessary for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $7,150,000, to remain available until expended. Energy Information Administration For Department of Energy expenses necessary in carrying out the activities of the Energy Information Administration, $135,000,000, to remain available until expended. Non-defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $322,371,000, to remain available until expended: Provided, That in addition, fees collected pursuant to subsection (b)(1) of section 5 of the Mercury Export Ban Act of 2008 (42 U.S.C. 6939f(b)(1)), and deposited under this heading in fiscal year 2026 pursuant to section 309 of title III of Title III of Public Law 116–94 are appropriated, to remain available until expended, for mercury storage costs. Uranium Enrichment Decontamination And Decommissioning Fund For Department of Energy expenses necessary in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $865,000,000, to be deposited into and subsequently derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $0 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992. Science For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and purchase of not more than 35 passenger motor vehicles, $8,400,000,000, to remain available until expended: Provided, That of such amount, $226,831,000 shall be available until September 30, 2027, for program direction. Nuclear Waste Disposal For Department of Energy expenses necessary for nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Public Law 97–425, as amended, $12,040,000, to remain available until expended, which shall be derived from the Nuclear Waste Fund. Advanced Research Projects Agency—energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110–69), $350,000,000, to remain available until expended: Provided, That of such amount, $40,000,000 shall be available until September 30, 2027, for program direction. Title 17 Innovative Technology Loan Guarantee Program Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of 2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided, That for necessary administrative expenses of the Title 17 Innovative Technology Loan Guarantee Program, as authorized, $35,000,000 is appropriated, to remain available until September 30, 2027: Provided further, That up to $35,000,000 of fees collected in fiscal year 2026 pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections under this heading and used for necessary administrative expenses in this appropriation and shall remain available until September 30, 2027: Provided further, That to the extent that fees collected in fiscal year 2026 exceed $35,000,000, those excess amounts shall be credited as offsetting collections under this heading and available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2026 (estimated at $240,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from fees collected in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2026 appropriation from the general fund estimated at $0: Provided further, That the Department of Energy shall not subordinate any loan obligation to other financing in violation of section 1702 of the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation to any loan or other debt obligations in violation of section 609.8 of title 10, Code of Federal Regulations. In addition, $150,000,000, to remain available until expended, for the cost of loan guarantees for the construction of small modular reactors or advanced nuclear reactors eligible under section 1703(b)(4) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)(4)): Provided, That the amounts provided under this paragraph are in addition to those provided in any other Act: Provided further, That for amounts collected pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, the source of such payment received from borrowers may not be a loan or other debt obligation that is guaranteed by the Federal Government: Provided further, That none of such loan guarantee authority made available under this paragraph shall be available for commitments to guarantee loans for any projects where funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel, or affiliated entity are expected be used (directly or indirectly) through acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases, procurements, sales, other transaction authority, or other arrangements, to support the project or to obtain goods or services from the project: Provided further, That the preceding proviso shall not be interpreted as precluding the use of the loan guarantee authority provided under this paragraph for commitments to guarantee loans for: (1) projects as a result of such projects benefitting from otherwise allowable Federal income tax benefits; (2) projects as a result of such projects benefitting from being located on Federal land pursuant to a lease or right of-way agreement for which all consideration for all uses is: (A) paid exclusively in cash; (B) deposited in the Treasury as offsetting receipts; and (C) equal to the fair market value as determined by the head of the relevant agency; (3) projects as a result of such projects benefitting from Federal insurance programs, including under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly known as the “Price-Anderson Act”); or (4) electric generation projects using transmission facilities owned or operated by a Federal Power Marketing Administration or the Tennessee Valley Authority that have been authorized, approved, and financed independent of the project receiving the guarantee: Provided further, That none of the loan guarantee authority made available under this heading shall be available for any project unless the Director of the Office of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this heading. Advanced Technology Vehicles Manufacturing Loan Program For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $9,500,000, to remain available until September 30, 2027. Tribal Energy Loan Guarantee Program For Department of Energy administrative expenses necessary in carrying out the Tribal Energy Loan Guarantee Program, $6,300,000, to remain available until September 30, 2027. Indian Energy Policy And Programs For necessary expenses for Indian Energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), $75,000,000, to remain available until expended: Provided, That of the amount appropriated under this heading, $14,000,000 shall be available until September 30, 2027, for program direction. Departmental Administration For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), $300,578,000, to remain available until September 30, 2027, including the hire of passenger motor vehicles and official reception and representation expenses not to exceed $30,000, plus such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue increases of the same or greater amount: Provided further, That moneys received by the Department for miscellaneous revenues estimated to total $100,578,000 in fiscal year 2026 may be retained and used for operating expenses within this account, as authorized by section 201 of Public Law 95–238, notwithstanding the provisions of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2026 appropriation from the general fund estimated at not more than $200,000,000. Office Of The Inspector General For expenses necessary for the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $90,000,000, to remain available until September 30, 2027. ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION Weapons Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $20,378,000,000, to remain available until expended: Provided, That of such amount, $149,244,000 shall be available until September 30, 2027, for program direction. Defense Nuclear Nonproliferation For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $2,367,000,000, to remain available until expended. Naval Reactors (including transfer of funds) For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and capital equipment, facilities, and facility expansion, $2,134,000,000, to remain available until expended, of which, $96,740,000 shall be transferred to “Department of Energy—Energy Programs—Nuclear Energy”, for the Advanced Test Reactor: Provided, That of such amount made available under this heading, $61,540,000 shall be available until September 30, 2027, for program direction. Federal Salaries And Expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $525,000,000, to remain available until September 30, 2027, including official reception and representation expenses not to exceed $17,000. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense Environmental Cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $7,375,000,000, to remain available until expended: Provided, That of such amount, $312,818,000 shall be available until September 30, 2027, for program direction. Other Defense Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,170,000,000, to remain available until expended: Provided, That of such amount, $384,404,000 shall be available until September 30, 2027, for program direction. POWER MARKETING ADMINISTRATIONS Bonneville Power Administration Fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93–454, are approved for: the Rocky Reach Kelt Facility, the Colville Acclimation Building Enclosures, the Colville Tribes Resident Fish Hatchery Expansion, the Chief Joseph Hatchery Water Quality Project, and the Umatilla Hatchery Facility and Acclimation Facilities: Provided, That expenditures are also approved for official reception and representation expenses in an amount not to exceed $5,000: Provided further, That during fiscal year 2026, no new direct loan obligations may be made. Operation And Maintenance, Southeastern Power Administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, including transmission wheeling and ancillary services, pursuant to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $9,285,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944, up to $9,285,000 collected by the Southeastern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the Southeastern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2026 appropriation estimated at not more than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to $81,819,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Operation And Maintenance, Southwestern Power Administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern Power Administration, $59,766,000, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to $49,366,000 collected by the Southwestern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Southwestern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2026 appropriation estimated at not more than $10,400,000: Provided further, That notwithstanding 31 U.S.C. 3302, up to $80,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Construction, Rehabilitation, Operation And Maintenance, Western Area Power Administration For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other related activities including conservation and renewable resources programs as authorized, $311,035,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended, of which $311,035,000 shall be derived from the Department of the Interior Reclamation Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), and section 1 of the Interior Department Appropriation Act, 1939 (43 U.S.C. 392a), up to $247,663,000 collected by the Western Area Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Western Area Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2026 appropriation estimated at not more than $63,372,000, of which $63,372,000 is derived from the Reclamation Fund: Provided further, That notwithstanding 31 U.S.C. 3302, up to $475,000,000 collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Falcon And Amistad Operating And Maintenance Fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $6,510,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up to $6,282,000 collected by the Western Area Power Administration from the sale of power and related services from the Falcon and Amistad Dams shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the hydroelectric facilities of these Dams and associated Western Area Power Administration activities: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2026 appropriation estimated at not more than $228,000: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred: Provided further, That for fiscal year 2026, the Administrator of the Western Area Power Administration may accept up to $1,072,000 in funds contributed by United States power customers of the Falcon and Amistad Dams for deposit into the Falcon and Amistad Operating and Maintenance Fund, and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds shall be available without further appropriation and without fiscal year limitation for use by the Commissioner of the United States Section of the International Boundary and Water Commission for the sole purpose of operating, maintaining, repairing, rehabilitating, replacing, or upgrading the hydroelectric facilities at these Dams in accordance with agreements reached between the Administrator, Commissioner, and the power customers. Federal Energy Regulatory Commission salaries and expenses For expenses necessary for the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 3109, official reception and representation expenses not to exceed $3,000, and the hire of passenger motor vehicles, $520,000,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to exceed $520,000,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2026 shall be retained and used for expenses necessary in this account, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2026 so as to result in a final fiscal year 2026 appropriation from the general fund estimated at not more than $0. GENERAL PROVISIONS—DEPARTMENT OF ENERGY (including transfers of funds) Sec. 301. General Energy provisions. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress. (b) (1) Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to— (A) make a grant allocation or discretionary grant award totaling $1,000,000 or more; (B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; (C) provide nonoperational funding through a competition restricted only to Department of Energy National Laboratories totaling $1,000,000 or more; (D) provide nonoperational funding directly to a Department of Energy National Laboratory totaling $25,000,000 or more; (E) issue a letter of intent to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D); (F) announce publicly the intention to make an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D); or (G) issue a letter to terminate an allocation, award, or Agreement in excess of the limits in subparagraph (A), (B), (C), or (D). (2) The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided during the previous quarter. (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made. (c) The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available in this title under the heading “Department of Energy—Energy Programs”, enter into a multiyear contract, award a multiyear grant, or enter into a multiyear cooperative agreement unless— (1) the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or (2) the contract, grant, or cooperative agreement includes a clause conditioning the Federal Government's obligation on the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both Houses of Congress at least 3 days in advance. (d) Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities, and in the amounts, specified in the “Final Bill” column in the “Department of Energy” table included under the heading “Title III—Department of Energy” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). (e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. (f) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates, initiates, or eliminates a program, project, or activity; (2) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or (3) reduces funds that are directed to be used for a specific program, project, or activity by this Act. (g) (1) The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver. (h) The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. Sec. 302. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. Sec. 303. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. Sec. 304. None of the funds made available in this title may be used to support a grant allocation award, discretionary grant award, or cooperative agreement that exceeds $100,000,000 in Federal funding unless the project is carried out through internal independent project management procedures. Sec. 305. No funds shall be transferred directly from “Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration” to the general fund of the Treasury in the current fiscal year. Sec. 306. None of the funds made available by this Act may be used to draw down and sell petroleum products from the Strategic Petroleum Reserve (1) to any entity that is under the ownership, control, or influence of the Chinese Communist Party; or (2) except on condition that such petroleum products will not be exported to the People’s Republic of China. Sec. 307. (a) None of the funds made available by this Act may be used by the Secretary of Energy to award any grant, contract, cooperative agreement, or loan of $10,000,000 or greater to an entity of concern as defined in section 10114 of Title II of Public Law 117–167. (b) The Secretary shall implement the requirements under subsection (a) using a risk-based approach and analytical tools to aggregate, link, analyze, and maintain information reported by an entity seeking or receiving such funds made available by this Act. (c) This section shall be applied in a manner consistent with the obligations of the United States under applicable international agreements. (d) The Secretary shall have the authority to require the submission to the agency, by an entity seeking or receiving such funds made available by this Act, documentation necessary to implement the requirements under subsection (a). (e) Chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”), shall not apply to the implementation of the requirements under this section. (f) The Secretary and other Federal agencies shall coordinate to share relevant information necessary to implement the requirements under subsection (a). Sec. 308. None of the funds appropriated or otherwise made available by this Act may be used to admit any non-U.S. citizen from Russia or China to any nuclear weapons production facility, as such term is defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501), other than areas accessible to the general public, unless 30 days prior to facility admittance, the Department of Energy provides notification to the Committees on Appropriations and Armed Services of both Houses of Congress. Sec. 309. Funds made available in this title under the headings “Energy Efficiency and Renewable Energy”, “Electricity”, “Fossil Energy ”, “Cybersecurity, Energy Security, and Emergency Response”, and “Science” that are allocated for the purposes of section 9 of the Small Business Act, as amended (15 U.S.C. 638), including for Small Business Innovation Research and Small Business Technology Transfer activities, or for the purposes of section 1001 of the Energy Policy Act of 2005, as amended (42 U.S.C. 16391), for Technology Commercialization Fund activities, may be reprogrammed within each account without being subject to the restrictions in section 301 of this title: Provided, That the administration and selection of awards pursuant to such sections will be in coordination with the offices that oversee the appropriations accounts to which the relevant funding was originally appropriated. Sec. 310. Section 15(g)(3) of Public Law 85–536 (15 U.S.C. 644(g)(3)) is further amended by inserting “and by site support prime contractors at the National Energy Technology Laboratory” following “Department of Energy”. Sec. 311. (a) Of the amounts specified in subsection (d), $3,100,000,000 shall be transferred to, and merged with, amounts provided in this Act under the heading “Nuclear Energy” that remain available until expended, and in addition to amounts otherwise available, shall only be available for the not more than two competitive awards for Generation 3+ small modular reactor deployment projects described in section 311(a)(1)(A) of division D of the Consolidated Appropriations Act, 2024 (Public Law 118–42), the two awards for demonstration projects made prior to the date of enactment of this Act under the Advanced Reactor Demonstration Program, as authorized under section 959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a), and Risk Reduction for Future Demonstrations, as described under the heading Advanced Reactor Demonstration Program in the explanatory statement accompanying Title III of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94). (b) Of the amounts specified in subsection (d), $375,000,000 shall be transferred to, and merged with, amounts provided in this Act under the heading “Grid Deployment Office” that remain available until expended, and in addition to amounts otherwise available, shall be available for necessary expenses to carry out a program to enhance the domestic supply chain for the manufacture of distribution and power transformers, components, and materials, and electric grid components, including financial assistance, technical assistance, and competitive awards for procurement and acquisition. (c) Of the amounts provided in this title that remain available until expended, the following amounts shall be derived by transfer from the funds specified in subsection (d): (1) $1,150,000,000 of the amounts provided under the heading “Energy Efficiency and Renewable Energy”; (2) $100,000,000 of the amounts provided under the heading “Nuclear Energy”; (3) $140,000,000 of the amounts provided under the heading “Fossil Energy”; (4) $150,000,000 of the amounts provided under the heading “Science”; and (5) $150,000,000 of the amounts provided in the second paragraph under the heading “Title 17 Innovative Technology Loan Guarantee Program”. (d) The funds specified in this subsection are the unobligated balances, as of the date of enactment of this Act, from amounts provided in title III of division J of Public Law 117–58, as follows: (1) $1,281,141,701 of the amounts made available to carry out section 40323 of division D of Public Law 117–58; (2) $1,500,000,000 of the amounts made available to carry out subtitle J of title IX of the Energy Policy Act of 2005; (3) $1,040,000,000 of the amounts made available to carry out section 969D of the Energy Policy Act of 2005; (4) $950,000,000 of the amounts made available to carry out subparagraph (B) or subparagraph (C) of section 962(b)(2) of the Energy Policy Act of 2005; and (5) $393,858,299 of the amounts provided under the heading “Energy Programs—Energy Efficiency and Renewable Energy”. (e) Not later than 15 days after the date of enactment of this Act, the Secretary of the Department of Energy shall transmit to the Committees on Appropriations of both Houses of Congress a report that details the amounts repurposed or transferred pursuant to this section: Provided, That such report shall be delineated by both source and destination by Treasury Appropriations Fund Symbol and statutory authority (including by subparagraph for funds specified in subsection (d)(4)). (f) Amounts repurposed or transferred pursuant to this section shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. Sec. 312. Section 4(c)(10)(B) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839b(c)(10)(B)) is amended by striking the period at the end and inserting “, adjusted for inflation.”. Sec. 313. In making Federal financial assistance, the Department of Energy shall continue to apply the indirect cost rates, including negotiated indirect cost rates, as described in section 200.414 of title 2, Code of Federal Regulations, including with respect to the approval of deviations from negotiated indirect cost rates, to the same extent and in the same manner as was applied in fiscal year 2024: Provided, That none of the funds appropriated in this or prior Acts or otherwise made available to the Department of Energy may be used to develop, modify, or implement changes to such negotiated indirect cost rates. TITLE IV INDEPENDENT AGENCIES Appalachian Regional Commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $200,000,000, to remain available until expended. Defense Nuclear Facilities Safety Board salaries and expenses For expenses necessary for the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100–456, section 1441, $42,000,000, to remain available until September 30, 2027, of which not to exceed $1,000 shall be available for official reception and representation expenses. Delta Regional Authority salaries and expenses For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $12,000,000, to remain available until expended. Denali Commission For expenses necessary for the Denali Commission including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $10,000,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998: Provided, That funds shall be available for construction projects for which the Denali Commission is the sole or primary funding source in an amount not to exceed 90 percent of total project cost for distressed communities, as defined by such section and by section 701 of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A–280), and for Indian Tribes, as defined by section 5304(e) of title 25, United States Code, and in an amount not to exceed 50 percent for non-distressed communities: Provided further, That notwithstanding any other provision of law regarding payment of a non-Federal share in connection with a grant-in-aid program, amounts under this heading shall be available for the payment of such a non-Federal share for any project for which the Denali Commission is not the sole or primary funding source, provided that such project is consistent with the purposes of the Commission. Northern Border Regional Commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $42,000,000, to remain available until expended: Provided, That such amounts shall be available for administrative expenses, notwithstanding section 15751(b) of title 40, United States Code. Northwest Regional Commission For expenses necessary to establish a Northwest Regional Commission located in Washington, Oregon, Idaho, and Montana, $1,000,000, to remain available until expended: Provided, That amounts provided to the Northwest Regional Commission shall be used to carry out activities authorized for other regional Commissions by subtitle V of title 40, United States Code. Southeast Crescent Regional Commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $20,000,000, to remain available until expended. Southwest Border Regional Commission For expenses necessary for the Southwest Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $5,500,000, to remain available until expended. Great Lakes Authority For expenses necessary for the Great Lakes Authority in carrying out activities authorized by subtitle V of title 40, United States Code, $5,000,000, to remain available until expended. Nuclear Regulatory Commission salaries and expenses For expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, $952,700,000, including official representation expenses not to exceed $30,000, to remain available until expended: Provided, That of the amount appropriated herein, not more than $11,494,000 may be made available for salaries, travel, and other support costs for the Office of the Commission, to remain available until September 30, 2027: Provided further, That revenues from licensing fees, inspection services, and other services and collections estimated at $804,509,977 in fiscal year 2026 shall be retained and used for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2026 so as to result in a final fiscal year 2026 appropriation estimated at not more than $148,190,023. office of inspector general For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $18,795,000, to remain available until September 30, 2027: Provided, That revenues from licensing fees, inspection services, and other services and collections estimated at $14,885,000 in fiscal year 2026 shall be retained and be available until September 30, 2027, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2026 so as to result in a final fiscal year 2026 appropriation estimated at not more than $3,910,000: Provided further, That of the amounts appropriated under this heading, $1,572,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board. Nuclear Waste Technical Review Board salaries and expenses For expenses necessary for the Nuclear Waste Technical Review Board, as authorized by Public Law 100–203, section 5051, $4,000,000, to be derived from the Nuclear Waste Fund, to remain available until September 30, 2027. GENERAL PROVISIONS—INDEPENDENT AGENCIES Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information, consistent with Department of Justice guidance for all Federal agencies. Sec. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b) (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for “Nuclear Regulatory Commission—Salaries and Expenses” shall be expended as directed in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations— (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations. TITLE V GENERAL PROVISIONS (including transfer of funds) Sec. 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. Sec. 502. (a) None of the funds made available in title III of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. This report shall include the amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority. Sec. 503. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. This division may be cited as the “Energy and Water Development and Related Agencies Appropriations Act, 2026”. DIVISION C—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026 TITLE I DEPARTMENT OF THE INTERIOR Bureau Of Land Management management of lands and resources For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to section 1010(a) of Public Law 96–487 (16 U.S.C. 3150(a)), $1,260,166,000, to remain available until September 30, 2027; of which $48,560,000 for annual maintenance and deferred maintenance programs and $144,000,000 for the wild horse and burro program, as authorized by Public Law 92–195 (16 U.S.C. 1331 et seq.), shall remain available until expended: Provided, That amounts in the fee account of the BLM Permit Processing Improvement Fund may be used for any bureau-related expenses associated with the processing of oil and gas applications for permits to drill and related use of authorizations: Provided further, That of the amounts made available under this heading, up to $1,000,000 may be made available for the purposes described in section 122(e)(1)(A) of division G of Public Law 115–31 (43 U.S.C. 1748c(e)(1)(A)): Provided further, That of the amounts made available under this heading, not to exceed $15,000 may be for official reception and representation expenses: Provided further, That of the amounts made available under this heading, $3,246,000 is for projects specified for Land Management Priorities in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That of the amounts made available under this heading, up to $3,000,000 of the amounts made available for Wildlife habitat management shall be available in fiscal year 2026 subject to a match by at least an equal amount by the National Fish and Wildlife Foundation for cost-shared projects supporting conservation of Bureau lands; and such funds shall be advanced to the Foundation as a lump-sum grant without regard to when expenses are incurred. In addition, $42,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee program, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that are hereby authorized for fiscal year 2026, so as to result in a final appropriation estimated at not more than $1,260,166,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering communication site activities. oregon and california grant lands For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent to such grant lands; $115,521,000, to remain available until expended: Provided, That the Bureau of Land Management shall maintain the current Western Oregon Operating Plan and will fully participate in a unified wildfire protection system. range improvements For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount designated for range improvements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not less than $10,000,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses. service charges, deposits, and forfeitures For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94–579 (43 U.S.C. 1701 et seq.), and under section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain available until expended: Provided, That notwithstanding any provision to the contrary of section 305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be available and may be expended under the authority of this Act by the Secretary of the Interior to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such action are used on the exact lands damaged which led to the action: Provided further, That any such moneys that are in excess of amounts needed to repair damage to the exact land for which funds were collected may be used to repair other damaged public lands. miscellaneous trust funds In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of Public Law 94–579 (43 U.S.C. 1737), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available until expended. administrative provisions The Bureau of Land Management may carry out the operations funded under this Act by direct expenditure, contracts, grants, cooperative agreements, and reimbursable agreements with public and private entities, including with States. Appropriations for the Bureau shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided, That notwithstanding Public Law 90–620 (44 U.S.C. 501), the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards: Provided further, That projects to be funded pursuant to a written commitment by a State government to provide an identified amount of money in support of the project may be carried out by the Bureau on a reimbursable basis: Provided further, That the Bureau of Land Management shall maintain staffing levels in order to fulfill the mission required under title 16, title 30, title 43, and title 54, United States Code, including to protect natural and cultural resources, provide and maintain appropriate access and recreation for visitors, provide safety precautions for visitors and staff, maintain physical and natural infrastructure, provide information and respond to stakeholders and the general public, conduct tribal consultation, provide for administrative support, manage energy and minerals resources, and carry out other activities in support of effectively managing the National Conservation Lands and other public lands in a timely manner. United States Fish And Wildlife Service resource management (including transfer of funds) For necessary expenses of the United States Fish and Wildlife Service, as authorized by law, and for scientific and economic studies, general administration, and for the performance of other authorized functions related to such resources, $1,451,515,000, to remain available until September 30, 2027, of which not to exceed $15,000 may be for official reception and representation expenses: Provided, That not to exceed $14,000,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) (except for processing petitions, developing and issuing proposed and final regulations, and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii) of such section): Provided further, That of the amount appropriated under this heading, $19,115,000, to remain available until September 30, 2028, shall be for projects specified for Stewardship Priorities in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That amounts in the preceding proviso may be transferred to the appropriate program, project, or activity under this heading and shall continue to only be available for the purposes and in such amounts as such funds were originally appropriated. construction For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife resources, and the acquisition of lands and interests therein; $14,709,000, to remain available until expended: Provided, That of the amounts made available under this heading, $1,000,000 is for the project specified for Line Item Construction Projects in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). cooperative endangered species conservation fund For expenses necessary to carry out section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535), $22,202,000, to remain available until expended, to be derived from the Cooperative Endangered Species Conservation Fund. national wildlife refuge fund For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $13,228,000. north american wetlands conservation fund For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), $49,000,000, to remain available until expended. neotropical migratory bird conservation For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.), $5,000,000, to remain available until expended. multinational species conservation fund For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $21,000,000, to remain available until expended. state and tribal wildlife grants For wildlife conservation grants to States and to the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, and Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished, $73,812,000, to remain available until expended: Provided, That of the amount provided herein, $6,200,000 is for a competitive grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $7,612,000 is for a competitive grant program to implement approved plans for States, territories, and other jurisdictions and at the discretion of affected States, the regional Associations of fish and wildlife agencies, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting $13,812,000 and administrative expenses, apportion the amount provided herein in the following manner: (1) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof: Provided further, That the Secretary of the Interior shall apportion the remaining amount in the following manner: (1) one-third of which is based on the ratio to which the land area of such State bears to the total land area of all such States; and (2) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States: Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount: Provided further, That the Federal share of planning grants shall not exceed 75 percent of the total costs of such projects and the Federal share of implementation grants shall not exceed 65 percent of the total costs of such projects: Provided further, That the non-Federal share of such projects may not be derived from Federal grant programs: Provided further, That any amount apportioned in 2026 to any State, territory, or other jurisdiction that remains unobligated as of September 30, 2027, shall be reapportioned, together with funds appropriated in 2028, in the manner provided herein. administrative provisions The United States Fish and Wildlife Service may carry out the operations of Service programs by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities. Appropriations and funds available to the United States Fish and Wildlife Service shall be available for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the purchase of land at not to exceed one dollar for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and to which the United States has title, and which are used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half the cost of printing either in cash or services and the Service determines the cooperator is capable of meeting accepted quality standards: Provided further, That the Service may accept donated aircraft as replacements for existing aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and approval shall be deposited under the heading “United States Fish and Wildlife Service—Resource Management” and shall be available to the Secretary, without further appropriation, to be used for expenses of processing of such non-toxic shot type or coating applications and revising regulations as necessary, and shall remain available until expended: Provided further, That the United States Fish and Wildlife Service shall maintain staffing levels in order to fulfill the mission required under title 16, title 43, and title 54, United States Code, including to protect natural and cultural resources, provide and maintain appropriate access and recreation for visitors, provide safety precautions for visitors and staff, maintain physical and natural infrastructure, provide information and respond to stakeholders and the general public, conduct tribal consultation, provide for administrative support, enforce Federal wildlife laws, protect species, uphold Acts, treaties, conventions and agreements to conserve, protect, and enhance fish, wildlife, plants, and their habitats, providing professional expertise to other agencies and international and private partners, and carry out other activities in support of effectively operating the National Fish Hatchery System and National Wildlife Refuge System and carrying out programs administered by the United States Fish and Wildlife Service in a timely manner. National Park Service operation of the national park system For expenses necessary for the management, operation, protection, and maintenance of areas and facilities administered by the National Park Service and for the general administration of the National Park Service, $2,877,195,000, of which $11,661,000 for planning and interagency coordination in support of Everglades restoration and $148,285,000 for maintenance, repair, or rehabilitation projects for constructed assets and $157,950,000 for cyclic maintenance projects for constructed assets and cultural resources and $12,500,000 for uses authorized by section 101122 of title 54, United States Code shall remain available until September 30, 2027, and not to exceed $15,000 may be for official reception and representative expenses: Provided, That funds appropriated under this heading in this Act are available for the purposes of section 5 of Public Law 95–348: Provided further, That notwithstanding section 9 of the 400 Years of African-American History Commission Act (36 U.S.C. note prec. 101; Public Law 115–102), $3,300,000 of the funds provided under this heading shall be made available for the purposes specified by that Act: Provided further, That sections 7(b) and 8 of that Act shall be amended by striking “July 1, 2025” and inserting “July 1, 2027”. In addition, for purposes described in section 2404 of Public Law 116–9, an amount equal to the amount deposited in this fiscal year into the National Park Medical Services Fund established pursuant to such section of such Act, to remain available until expended, shall be derived from such Fund. national recreation and preservation For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, and grant administration, not otherwise provided for, $91,596,000, to remain available until September 30, 2027, of which $250,000 shall be for projects specified for Statutory and Contractual Aid in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). historic preservation fund For expenses necessary in carrying out the National Historic Preservation Act (Title I of subtitle III of title 54, United States Code), $205,059,000, to be derived from the Historic Preservation Fund and to remain available until September 30, 2027, of which $25,500,000 shall be for Save America's Treasures grants for preservation of nationally significant sites, structures and artifacts as authorized by section 7303 of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 3089): Provided, That an individual Save America's Treasures grant shall be matched by non-Federal funds: Provided further, That individual projects shall only be eligible for one grant: Provided further, That all projects to be funded shall be approved by the Secretary of the Interior in consultation with the House and Senate Committees on Appropriations: Provided further,That of the funds provided for the Historic Preservation Fund, $1,250,000 is for competitive grants for the survey and nomination of properties to the National Register of Historic Places and as National Historic Landmarks associated with communities currently under-represented, as determined by the Secretary; $24,000,000 is for competitive grants to preserve the sites and stories of the African American Civil Rights movement; $5,000,000 is for competitive grants to preserve sites related to the struggle of all people to achieve equal rights in America; $11,000,000 is for grants to Historically Black Colleges and Universities; $7,906,000 is for competitive grants for the restoration of historic properties of national, State, and local significance listed on or eligible for inclusion on the National Register of Historic Places, to be made without imposing the usage or direct grant restrictions of section 101(e)(3) (54 U.S.C. 302904) of the National Historic Preservation Act; $4,907,000 is for a competitive grant program to honor the semiquincentennial anniversary of the United States by restoring and preserving sites and structures listed on the National Register of Historic Places that commemorate the founding of the nation; $62,150,000 is for State Historic Preservation Offices; $23,750,000 is for Tribal Historic Preservation Offices; and $15,596,000 is for projects specified for the Historic Preservation Fund in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That such competitive grants shall be made without imposing the matching requirements in section 302902(b)(3) of title 54, United States Code to States and Indian tribes as defined in chapter 3003 of such title, Native Hawaiian organizations, local governments, including Certified Local Governments, and non-profit organizations. construction For construction, improvements, repair, or replacement of physical facilities, and related equipment, and compliance and planning for programs and areas administered by the National Park Service, $88,461,000, of which $3,190,000 is for projects specified for Line item construction and maintenance in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), to remain available until expended: Provided, That notwithstanding any other provision of law, for any project initially funded in fiscal year 2026 with a future phase indicated in the National Park Service 5–Year Line Item Construction Plan, a single procurement may be issued which includes the full scope of the project: Provided further, That the solicitation and contract shall contain the clause availability of funds found at 48 CFR 52.232–18: Provided further, That National Park Service Donations, Park Concessions Franchise Fees, and Recreation Fees may be made available for the cost of adjustments and changes within the original scope of effort for projects funded by the National Park Service Construction appropriation: Provided further, That the Secretary of the Interior shall consult with the Committees on Appropriations, in accordance with current reprogramming thresholds, prior to making any changes authorized by this section. centennial challenge For expenses necessary to carry out the provisions of section 101701 of title 54, United States Code, relating to challenge cost share agreements, $5,000,000, to remain available until expended, for Centennial Challenge projects and programs: Provided, That not less than 50 percent of the total cost of each project or program shall be derived from non-Federal sources in the form of donated cash, assets, or a pledge of donation guaranteed by an irrevocable letter of credit. administrative provisions (including transfer of funds) In addition to other uses set forth in section 101917(c)(2) of title 54, United States Code, franchise fees credited to a sub-account shall be available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System to extinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the extent that the benefitting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount of funds used to extinguish or reduce liability. Franchise fees at the benefitting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract at the benefitting unit, in the amount of funds so expended to extinguish or reduce liability. For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of Public Law 109–432 (43 U.S.C. 1331 note), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. National Park Service funds may be transferred to the Federal Highway Administration (FHWA), Department of Transportation, for purposes authorized under 23 U.S.C. 203. Transfers may include a reasonable amount for FHWA administrative support costs. The National Park Service shall maintain staffing levels in order to fulfill the mission required under title 16, title 43, and title 54, United States Code, including to protect natural and cultural resources, provide and maintain appropriate access and recreation for visitors, provide safety precautions for visitors and staff, maintain physical and natural infrastructure, provide information and respond to stakeholders and the general public, conduct tribal consultation, provide for administrative support, administer historic and other preservation programs, and carry out other activities in support of effectively operating the National Park System and carrying out programs administered by the National Park Service in a timely manner. United States Geological Survey surveys, investigations, and research (including transfer of funds) For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program (30 U.S.C. 641); conduct inquiries into the economic conditions affecting mining and materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(a)(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the foregoing activities; $1,420,433,000, to remain available until September 30, 2027; of which $95,334,000 shall remain available until expended for satellite operations; and of which $74,840,000 shall be available until expended for deferred maintenance and capital improvement projects that exceed $100,000 in cost: Provided, That none of the funds provided for the ecosystem research activity shall be used to conduct new surveys on private property, unless specifically authorized in writing by the property owner: Provided further, That no part of this appropriation shall be used to pay more than one-half the cost of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities: Provided further, That of the amount appropriated under this heading, $2,250,000 shall be for projects specified for Special Initiatives in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That amounts in the preceding proviso may be transferred to the appropriate program, project, or activity under this heading and shall continue to only be available for the purposes and in such amounts as such funds were originally appropriated: Provided further, That of the amount appropriated under this heading, not to exceed $15,000 may be for official reception and representation expenses. administrative provisions From within the amount appropriated for activities of the United States Geological Survey such sums as are necessary shall be available for contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations, observation wells, and seismic equipment; expenses of the United States National Committee for Geological Sciences; and payment of compensation and expenses of persons employed by the Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts: Provided, That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements (including noncompetitive cooperative agreements with tribes) as defined in section 6302 of title 31, United States Code: Provided further, That the United States Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 6101, for the temporary or intermittent services of students or recent graduates, who shall be considered employees for the purpose of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purposes. Bureau Of Ocean Energy Management ocean energy management For expenses necessary for granting and administering leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf and approving operations related thereto, as authorized by law; for environmental studies, as authorized by law; for implementing other laws and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $191,128,000, of which $133,128,000 is to remain available until September 30, 2027, and of which $58,000,000 is to remain available until expended: Provided, That this total appropriation shall be reduced by amounts collected by the Secretary of the Interior and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Ocean Energy Management pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further, That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2026 appropriation estimated at not more than $133,128,000: Provided further, That not to exceed $3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities: Provided further, That not to exceed $5,000 shall be available for official reception and representation expenses. Bureau Of Safety And Environmental Enforcement offshore safety and environmental enforcement For expenses necessary for the regulation of operations related to leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf, as authorized by law; for enforcing and implementing laws and regulations as authorized by law and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $160,751,000, of which $128,871,000, including not to exceed $3,000 for official reception and representation expenses, is to remain available until September 30, 2027, and of which $31,880,000 is to remain available until expended, including $2,880,000 for offshore decommissioning activities: Provided, That this total appropriation shall be reduced by amounts collected by the Secretary of the Interior and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Safety and Environmental Enforcement pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further, That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2026 appropriation estimated at not more than $131,751,000. For an additional amount, $36,000,000, to remain available until expended, to be reduced by amounts collected by the Secretary and credited to this appropriation, which shall be derived from non-refundable inspection fees collected in fiscal year 2026, as provided in this Act: Provided, That for fiscal year 2026, not less than 50 percent of the inspection fees expended by the Bureau of Safety and Environmental Enforcement will be used to fund personnel and mission-related costs to expand capacity and expedite the orderly development, subject to environmental safeguards, of the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), including the review of applications for permits to drill. oil spill research For necessary expenses to carry out title I, section 1016; title IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of the Oil Pollution Act of 1990, $15,099,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. Office Of Surface Mining Reclamation And Enforcement regulation and technology For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, $117,575,000, to remain available until September 30, 2027, of which $63,700,000 shall be available for State and tribal regulatory grants, and of which not to exceed $5,000 may be for official reception and representation expenses: Provided, That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. In addition, for costs to review, administer, and enforce permits issued by the Office pursuant to section 507 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to remain available until expended: Provided, That fees assessed and collected by the Office pursuant to such section 507 shall be credited to this account as discretionary offsetting collections, to remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as collections are received during the fiscal year, so as to result in a fiscal year 2026 appropriation estimated at not more than $117,575,000. abandoned mine reclamation fund For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, $32,975,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97–365, the Department of the Interior is authorized to use up to 20 percent from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: Provided further, That funds made available under title IV of Public Law 95–87 may be used for any required non-Federal share of the cost of projects funded by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act: Provided further, That amounts provided under this heading may be used for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training: Provided further, That of the amounts provided under this heading, not to exceed $5,000 shall be available for official reception and representation expenses. In addition, $134,000,000, to remain available until expended, for payments to States and federally recognized Indian tribes for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That such additional amount shall be used for economic and community development in conjunction with the priorities described in section 403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of such additional amount, $88,500,000 shall be distributed in equal amounts to the three Appalachian States with the greatest amount of unfunded needs to meet the priorities described in paragraphs (1) and (2) of such section, $33,750,000 shall be distributed in equal amounts to the three Appalachian States with the subsequent greatest amount of unfunded needs to meet such priorities, and $11,750,000 shall be for grants to federally recognized Indian tribes, without regard to their status as certified or uncertified under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) and shall be used for economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977: Provided further, That such payments shall be made to States and federally recognized Indian tribes not later than 90 days after the date of the enactment of this Act: Provided further, That if payments have not been made by the date specified in the preceding proviso, the amount appropriated for salaries and expenses under the heading “Office of Surface Mining Reclamation and Enforcement” shall be reduced by $100,000 per day until such payments have been made. Indian Affairs Bureau Of Indian Affairs operation of indian programs (including transfers of funds) For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13) and the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), $1,933,200,000, to remain available until September 30, 2027, except as otherwise provided herein; of which not to exceed $15,000 may be for official reception and representation expenses; of which not to exceed $78,494,000 shall be for welfare assistance payments: Provided, That in cases of designated Federal disasters, the Secretary of the Interior may exceed such cap for welfare payments from the amounts provided herein, to provide for disaster relief to Indian communities affected by the disaster: Provided further, That federally recognized Indian tribes and tribal organizations of federally recognized Indian tribes may use their tribal priority allocations for unmet welfare assistance costs: Provided further, That not to exceed $71,495,000 shall remain available until expended for housing improvement, road maintenance, land acquisition, attorney fees, litigation support, land records improvement, hearings and appeals, and the Navajo-Hopi Settlement Program: Provided further, That of the amount appropriated under this heading, $8,491,000 shall be for projects specified for Special Initiatives (CDS) in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That any forestry funds allocated to a federally recognized tribe which remain unobligated as of September 30, 2027, may be transferred during fiscal year 2028 to an Indian forest land assistance account established for the benefit of the holder of the funds within the holder’s trust fund account: Provided further, That any such unobligated balances not so transferred shall expire on September 30, 2028: Provided further, That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel: Provided further, That not to exceed $7,096,000 of funds made available under this heading may, as needed, be transferred to “Office of the Secretary—Departmental Operations” for trust, probate, and administrative functions: Provided further, That the Bureau of Indian Affairs may accept transfers of funds from United States Customs and Border Protection to supplement any other funding available for reconstruction or repair of roads owned by the Bureau of Indian Affairs as identified on the National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1). indian land consolidation For the acquisition of fractional interests to further land consolidation as authorized under the Indian Land Consolidation Act Amendments of 2000 (Public Law 106–462), and the American Indian Probate Reform Act of 2004 (Public Law 108–374), $4,000,000, to remain available until expended: Provided, That any provision of the Indian Land Consolidation Act Amendments of 2000 (Public Law 106–462) that requires or otherwise relates to application of a lien shall not apply to the acquisitions funded herein. contract support costs For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs and the Bureau of Indian Education for fiscal year 2026, such sums as may be necessary, which shall be available for obligation through September 30, 2027: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. payments for tribal leases For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2026, such sums as may be necessary, which shall be available for obligation through September 30, 2027: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. construction (including transfer of funds) For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483; $135,780,000, to remain available until expended: Provided, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation: Provided further, That any funds provided for the Safety of Dams program pursuant to the Indian Dams Safety Act of 1994 (25 U.S.C. 3804), shall be made available on a nonreimbursable basis: Provided further, That this appropriation may be reimbursed from the Bureau of Trust Funds Administration appropriation for the appropriate share of construction costs for space expansion needed in agency offices to meet trust reform implementation: Provided further, That of the funds made available under this heading, $10,000,000 shall be derived from the Indian Irrigation Fund established by section 3211 of the WIIN Act (Public Law 114–322): Provided further, That amounts provided under this heading are made available for the modernization of Federal field communication capabilities, in addition to amounts otherwise made available for such purpose. indian land and water claim settlements and miscellaneous payments to indians For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 101–618, and 117–349 and for implementation of other land and water rights settlements, $976,000, to remain available until expended. indian guaranteed loan program account For the cost of guaranteed loans and insured loans, $13,329,000, to remain available until September 30, 2027, of which $2,125,000 is for administrative expenses, as authorized by the Indian Financing Act of 1974: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to exceed $227,318,923. Bureau Of Indian Education operation of indian education programs For expenses necessary for the operation of Indian education programs, as authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), the Education Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), $1,131,617,000 to remain available until September 30, 2027, except as otherwise provided herein: Provided, That federally recognized Indian tribes and tribal organizations of federally recognized Indian tribes may use their tribal priority allocations for unmet welfare assistance costs: Provided further, That not to exceed $833,592,000 for school operations costs of Bureau-funded schools and other education programs shall become available on June 1, 2026, and shall remain available until September 30, 2027: Provided further, That notwithstanding any other provision of law, including but not limited to the Indian Self–Determination Act of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed $95,822,000 within and only from such amounts made available for school operations shall be available for administrative cost grants associated with grants approved prior to June 1, 2026: Provided further, That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel. education construction For construction, repair, improvement, and maintenance of buildings, utilities, and other facilities necessary for the operation of Indian education programs, including architectural and engineering services by contract; acquisition of lands, and interests in lands; $234,725,000, to remain available until expended: Provided, That in order to ensure timely completion of construction projects, the Secretary of the Interior may assume control of a project and all funds related to the project, if, not later than 18 months after the date of the enactment of this Act, any Public Law 100–297 (25 U.S.C. 2501, et seq.) grantee receiving funds appropriated in this Act or in any prior Act, has not completed the planning and design phase of the project and commenced construction. administrative provisions The Bureau of Indian Affairs and the Bureau of Indian Education may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants, either directly or in cooperation with States and other organizations. Notwithstanding Public Law 87–279 (25 U.S.C. 15), the Bureau of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power Division of the San Carlos Irrigation Project. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs or the Bureau of Indian Education for central office oversight and Executive Direction and Administrative Services (except Executive Direction and Administrative Services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs or the Bureau of Indian Education under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413). In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs or the Bureau of Indian Education, this action shall not diminish the Federal Government’s trust responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe’s ability to access future appropriations. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Education, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 5342 et seq., shall be available to support the operation of any elementary or secondary school in the State of Alaska. No funds available to the Bureau of Indian Education shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau of Indian Education school system as of October 1, 1995, except that the Secretary of the Interior may waive this prohibition to support expansion of up to one additional grade when the Secretary determines such waiver is needed to support accomplishment of the mission of the Bureau of Indian Education, or more than one grade to expand the elementary grade structure for Bureau-funded schools with a K–2 grade structure on October 1, 1996. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau’s funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), except that a charter school that is in existence on the date of the enactment of this Act and that has operated at a Bureau-funded school before September 1, 1999, may continue to operate during that period, but only if the charter school pays to the Bureau a pro rata share of funds to reimburse the Bureau for the use of the real and personal property (including buses and vans), the funds of the charter school are kept separate and apart from Bureau funds, and the Bureau does not assume any obligation for charter school programs of the State in which the school is located if the charter school loses such funding. Employees of Bureau-funded schools sharing a campus with a charter school and performing functions related to the charter school’s operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States Code. Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106–113, if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public Law 101–301, the Secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section 5(f) distribution formula. Funds available under this Act may not be used to establish satellite locations of schools in the Bureau school system as of September 1, 1996, except that the Secretary may waive this prohibition in order for an Indian tribe to provide language and cultural immersion educational programs for non-public schools located within the jurisdictional area of the tribal government which exclusively serve tribal members, do not include grades beyond those currently served at the existing Bureau-funded school, provide an educational environment with educator presence and academic facilities comparable to the Bureau-funded school, comply with all applicable Tribal, Federal, or State health and safety standards, and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts to students such as those caused by busing students extended distances: Provided, That no funds available under this Act may be used to fund operations, maintenance, rehabilitation, construction, or other facilities-related costs for such assets that are not owned by the Bureau: Provided further, That the term “satellite school” means a school location physically separated from the existing Bureau school by more than 50 miles but that forms part of the existing school in all other respects. Funds made available for Tribal Priority Allocations within Operation of Indian Programs and Operation of Indian Education Programs may be used to execute requested adjustments in tribal priority allocations initiated by an Indian tribe. Bureau Of Trust Funds Administration federal trust programs (including transfer of funds) For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $100,009,000, to remain available until expended, of which not to exceed $17,152,000 from this or any other Act, may be available for settlement support: Provided, That funds for trust management improvements and litigation support may, as needed, be transferred to or merged with the Bureau of Indian Affairs, “Operation of Indian Programs” and Bureau of Indian Education, “Operation of Indian Education Programs” accounts; the Office of the Solicitor, “Salaries and Expenses” account; and the Office of the Secretary, “Departmental Operations” account: Provided further, That funds made available through contracts or grants obligated during fiscal year 2026, as authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until expended by the contractor or grantee: Provided further, That notwithstanding any other provision of law, the Secretary shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for at least 15 months and has a balance of $15 or less: Provided further, That the Secretary shall issue an annual account statement and maintain a record of any such accounts and shall permit the balance in each such account to be withdrawn upon the express written request of the account holder: Provided further, That not to exceed $100,000 is available for the Secretary to make payments to correct administrative errors of either disbursements from or deposits to Individual Indian Money or Tribal accounts after September 30, 2002: Provided further, That erroneous payments that are recovered shall be credited to and remain available in this account for this purpose: Provided further, That the Secretary shall not be required to reconcile Special Deposit Accounts with a balance of less than $500 unless the Bureau of Trust Funds Administration receives proof of ownership from a Special Deposit Accounts claimant: Provided further, That notwithstanding section 102 of the American Indian Trust Fund Management Reform Act of 1994 (Public Law 103–412) or any other provision of law, the Secretary may aggregate the trust accounts of individuals whose whereabouts are unknown for a continuous period of at least 5 years and shall not be required to generate periodic statements of performance for the individual accounts: Provided further, That with respect to the preceding proviso, the Secretary shall continue to maintain sufficient records to determine the balance of the individual accounts, including any accrued interest and income, and such funds shall remain available to the individual account holders. Departmental Offices Office Of The Secretary departmental operations (including transfer of funds) For necessary expenses for management of the Department of the Interior and for grants and cooperative agreements, as authorized by law, $131,012,000, to remain available until September 30, 2027; of which not to exceed $15,000 may be for official reception and representation expenses; of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with the orderly closure of the United States Bureau of Mines; and of which $14,295,000 for Indian land, mineral, and resource valuation activities shall remain available until expended: Provided, That funds for Indian land, mineral, and resource valuation activities may, as needed, be transferred to and merged with the Bureau of Indian Affairs “Operation of Indian Programs” and Bureau of Indian Education “Operation of Indian Education Programs” accounts and the Bureau of Trust Funds Administration “Federal Trust Programs” account: Provided further, That funds made available through contracts or grants obligated during fiscal year 2026, as authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall remain available until expended by the contractor or grantee. administrative provisions For fiscal year 2026, up to $550,000 of the payments authorized by chapter 69 of title 31, United States Code, may be retained for administrative expenses of the Payments in Lieu of Taxes Program: Provided, That the amounts provided under this Act specifically for the Payments in Lieu of Taxes program are the only amounts available for payments authorized under chapter 69 of title 31, United States Code: Provided further, That in the event the sums appropriated for any fiscal year for payments pursuant to this chapter are insufficient to make the full payments authorized by that chapter to all units of local government, then the payment to each local government shall be made proportionally: Provided further, That the Secretary may make adjustments to payment to individual units of local government to correct for prior overpayments or underpayments: Provided further, That no payment shall be made pursuant to that chapter to otherwise eligible units of local government if the computed amount of the payment is less than $100. Insular Affairs assistance to territories For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior and other jurisdictions identified in section 104(e) of Public Law 108–188, $117,217,000, of which: (1) $105,395,000 shall remain available until expended for territorial assistance, including general technical assistance, maintenance assistance, disaster assistance, coral reef initiative and natural resources activities, and brown tree snake control and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the Government of American Samoa, in addition to current local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands, as authorized by law; grants to the Government of Guam, as authorized by law; and grants to the Government of the Northern Mariana Islands, as authorized by law (Public Law 94–241; 90 Stat. 272); and (2) $11,822,000 shall be available until September 30, 2027, for salaries and expenses of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code: Provided further, That Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 104–134: Provided further, That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to timely maintenance of its capital assets: Provided further, That any appropriation for disaster assistance under this heading in this Act or previous appropriations Acts may be used as non-Federal matching funds for the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c). compact of free association For grants and necessary expenses, $813,000, to remain available until expended, to support Federal services and programs provided to the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia. Administrative Provisions (including transfer of funds) At the request of the Governor of Guam, the Secretary may transfer discretionary funds or mandatory funds provided under section 104(e) of Public Law 108–188 and Public Law 104–134, that are allocated for Guam, to the Secretary of Agriculture for the subsidy cost of direct or guaranteed loans, plus not to exceed three percent of the amount of the subsidy transferred for the cost of loan administration, for the purposes authorized by the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair projects in Guam, and such funds shall remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such loans or loan guarantees may be made without regard to the population of the area, credit elsewhere requirements, and restrictions on the types of eligible entities under the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act: Provided further, That any funds transferred to the Secretary of Agriculture shall be in addition to funds otherwise made available to make or guarantee loans under such authorities. Office Of The Solicitor salaries and expenses For necessary expenses of the Office of the Solicitor, $84,181,000, to remain available until September 30, 2027. Office Of Inspector General salaries and expenses For necessary expenses of the Office of Inspector General, $65,000,000. Department-wide Programs wildland fire management (including transfers of funds) For necessary expenses for fire preparedness, fire suppression operations, fire science and research, emergency rehabilitation, fuels management activities, and rural fire assistance by the Department of the Interior, $1,147,171,000, of which $383,657,000 shall remain available until expended, of which not to exceed $10,000,000 shall be for the renovation or construction of fire facilities: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided further, That of the funds provided $214,450,000 is for fuels management activities: Provided further, That of the funds provided, $10,000,000 is for burned area rehabilitation: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property, may be credited to the appropriation from which funds were expended to provide that protection, and are available without fiscal year limitation: Provided further, That using the amounts designated under this title of this Act, the Secretary of the Interior may enter into procurement contracts, grants, or cooperative agreements, for fuels management activities, and for training and monitoring associated with such fuels management activities on Federal land, or on adjacent non-Federal land for activities that benefit resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of fuels management activities, may obtain maximum practicable competition among: (1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, Public Lands Corps (Public Law 109–154), or related partnerships with State, local, or nonprofit youth groups; (3) small or micro-businesses; or (4) other entities that will hire or train locally a significant percentage, defined as 50 percent or more, of the project workforce to complete such contracts: Provided further, That in implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further, That funds appropriated under this heading may be used to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior may use wildland fire appropriations to enter into leases of real property with local governments, at or below fair market value, to construct capitalized improvements for fire facilities on such leased properties, including but not limited to fire guard stations, retardant stations, and other initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated with the lease: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not to exceed $50,000,000 between the Departments when such transfers would facilitate and expedite wildland fire management programs and projects: Provided further, That funds provided for wildfire suppression shall be available for support of Federal emergency response actions: Provided further, That funds appropriated under this heading shall be available for assistance to or through the Department of State in connection with forest and rangeland research, technical information, and assistance in foreign countries, and, with the concurrence of the Secretary of State, shall be available to support forestry, wildland fire management, and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations: Provided further, That of the funds provided under this heading, $383,657,000 shall be available for wildfire suppression operations, and is provided to meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2026 budget enforcement in the House of Representatives. wildfire suppression operations reserve fund (including transfers of funds) In addition to the amounts provided under the heading “Department of the Interior—Department-Wide Programs—Wildland Fire Management” for wildfire suppression operations, $370,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2026 budget enforcement in the House of Representatives: Provided, That such amounts may be transferred to and merged with amounts made available under the headings “Department of Agriculture—Forest Service—Wildland Fire Management” and “Department of the Interior—Department-Wide Programs—Wildland Fire Management” for wildfire suppression operations in the fiscal year in which such amounts are transferred: Provided further, That amounts may be transferred to the “Wildland Fire Management” accounts in the Department of Agriculture or the Department of the Interior only upon the notification of the House and Senate Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided by law: Provided further, That, in determining whether all wildfire suppression operations funds appropriated under the heading “Wildland Fire Management” in this and prior appropriations Acts to either the Department of Agriculture or the Department of the Interior will be obligated within 30 days pursuant to the preceding proviso, any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded. central hazardous materials fund For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), $9,031,000, to remain available until expended. energy community revitalization program (including transfers of funds) For necessary expenses of the Department of the Interior to inventory, assess, decommission, reclaim, respond to hazardous substance releases, remediate lands pursuant to section 40704 of Public Law 117–58 (30 U.S.C. 1245), and carry out the purposes of section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended, $4,700,000, to remain available until expended: Provided, That such amount shall be in addition to amounts otherwise available for such purposes: Provided further, That amounts appropriated under this heading are available for program management and oversight of these activities: Provided further, That the Secretary may transfer the funds provided under this heading in this Act to any other account in the Department to carry out such purposes, and may expend such funds directly, or through grants: Provided further, That these amounts are not available to fulfill Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) obligations agreed to in settlement or imposed by a court, whether for payment of funds or for work to be performed. natural resource damage assessment and restoration natural resource damage assessment fund To conduct natural resource damage assessment, restoration activities, and onshore oil spill preparedness by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54 U.S.C. 100721 et seq., $6,500,000, to remain available until expended. working capital fund For the operation and maintenance of a departmental financial and business management system, data management, information technology improvements of general benefit to the Department, cybersecurity, and the consolidation of facilities and operations throughout the Department, $90,775,000, to remain available until expended: Provided, That none of the funds appropriated in this Act or any other Act may be used to establish reserves in the Working Capital Fund account other than for accrued annual leave and depreciation of equipment without prior approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the Secretary of the Interior may assess reasonable charges to State, local, and tribal government employees for training services provided by the National Indian Program Training Center, other than training related to Public Law 93–638: Provided further, That the Secretary may lease or otherwise provide space and related facilities, equipment, or professional services of the National Indian Program Training Center to State, local and tribal government employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a) of title 40, United States Code) at the prevailing rate for similar space, facilities, equipment, or services in the vicinity of the National Indian Program Training Center: Provided further, That all funds received pursuant to the two preceding provisos shall be credited to this account, shall be available until expended, and shall be used by the Secretary for necessary expenses of the National Indian Program Training Center: Provided further, That the Secretary may enter into grants and cooperative agreements to support the Office of Natural Resource Revenue’s collection and disbursement of royalties, fees, and other mineral revenue proceeds, as authorized by law. administrative provision There is hereby authorized for acquisition from available resources within the Working Capital Fund, aircraft which may be obtained by donation, purchase, or through available excess surplus property: Provided, That existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft. office of natural resources revenue For necessary expenses for management of the collection and disbursement of royalties, fees, and other mineral revenue proceeds, and for grants and cooperative agreements, as authorized by law, $159,850,000, to remain available until September 30, 2027; of which $55,916,000 shall remain available until expended for the purpose of mineral revenue management activities: Provided, That notwithstanding any other provision of law, $50,000 shall be available for refunds of overpayments in connection with certain Indian leases in which the Secretary of the Interior concurred with the claimed refund due, to pay amounts owed to Indian allottees or tribes, or to correct prior unrecoverable erroneous payments. General Provisions, Department Of The Interior (including transfers of funds) emergency transfer authority—intra-bureau Sec. 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary of the Interior, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible. emergency transfer authority—department-wide Sec. 102. The Secretary of the Interior may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into the environment; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 417(b) of Public Law 106–224 (7 U.S.C. 7717(b)); for emergency reclamation projects under section 410 of Public Law 95–87; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for wildland fire operations, with such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further, That for wildland fire operations, no funds shall be made available under this authority until the Secretary determines that funds appropriated for “wildland fire suppression” shall be exhausted within 30 days: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred. authorized use of funds Sec. 103. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by section 3109 of title 5, United States Code, when authorized by the Secretary of the Interior, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. authorized use of funds, indian trust management Sec. 104. Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Bureau of Trust Funds Administration and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for settlement support activities shall not exceed amounts specifically designated in this Act for such purpose. The Secretary shall notify the House and Senate Committees on Appropriations within 60 days of the expenditure or transfer of any funds under this section, including the amount expended or transferred and how the funds will be used. redistribution of funds, bureau of indian affairs Sec. 105. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2026. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. ellis, governors, and liberty islands Sec. 106. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein, including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts, or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable: Provided, That for purposes of 54 U.S.C. 200306(a), such lands, waters, or interests acquired under this heading shall be considered to be within the exterior boundary of a System unit authorized or established. outer continental shelf inspection fees Sec. 107. (a) In fiscal year 2026, the Secretary of the Interior shall collect a nonrefundable inspection fee, which shall be deposited in the “Offshore Safety and Environmental Enforcement” account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c). (b) Annual fees shall be collected for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2026 shall be— (1) $10,500 for facilities with no wells, but with processing equipment or gathering lines; (2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (3) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells. (c) Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2026. Fees for fiscal year 2026 shall be— (1) $30,500 per inspection for rigs operating in water depths of 500 feet or more; and (2) $16,700 per inspection for rigs operating in water depths of less than 500 feet. (d) Fees for inspection of well operations conducted via non-rig units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be assessed for all inspections completed in fiscal year 2026. Fees for fiscal year 2026 shall be— (1) $13,260 per inspection for non-rig units operating in water depths of 2,500 feet or more; (2) $11,530 per inspection for non-rig units operating in water depths between 500 and 2,499 feet; and (3) $4,470 per inspection for non-rig units operating in water depths of less than 500 feet. (e) The Secretary shall bill designated operators under subsection (b) quarterly, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (d) with payment required by the end of the following quarter. contracts and agreements for wild horse and burro holding facilities Sec. 108. Notwithstanding any other provision of this Act, the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 3903 of title 41, United States Code (except that the 5-year term restriction in subsection (a) shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary. mass marking of salmonids Sec. 109. The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers. contracts and agreements with indian affairs Sec. 110. Notwithstanding any other provision of law, during fiscal year 2026, in carrying out work involving cooperation with State, local, and tribal governments or any political subdivision thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year. department of the interior experienced services program Sec. 111. (a) Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law. (b) Prior to awarding any grant or agreement under subsection (a), the Secretary shall ensure that the agreement would not— (1) result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits; (2) result in the use of an individual under the Department of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or (3) affect existing contracts for services. obligation of funds Sec. 112. Amounts appropriated by this Act to the Department of the Interior shall be available for obligation and expenditure not later than 60 days after the date of enactment of this Act. separation of accounts Sec. 113. The Secretary of the Interior, in order to implement an orderly transition to separate accounts of the Bureau of Indian Affairs and the Bureau of Indian Education, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in this Act. payments in lieu of taxes (pilt) Sec. 114. Section 6906 of title 31, United States Code, shall be applied by substituting “fiscal year 2026” for “fiscal year 2019”. disclosure of departure or alternate procedure approval Sec. 115. (a) Subject to subsection (b), in any case in which the Bureau of Safety and Environmental Enforcement or the Bureau of Ocean Energy Management prescribes or approves any departure or use of alternate procedure or equipment, in regards to a plan or permit, under 30 CFR 585.103; 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141; or 30 CFR 250.142, the head of such bureau shall post a description of such departure or alternate procedure or equipment use approval on such bureau’s publicly available website not more than 15 business days after such issuance. (b) The head of each bureau may exclude confidential business information. long bridge project Sec. 116. (a) Authorization of conveyance.—Hereafter, until the expiration of authority pursuant to subsection (e), on request by the State of Virginia or the District of Columbia for the purpose of the construction of rail and other infrastructure relating to the Long Bridge Project, the Secretary of the Interior may convey to the State or the District of Columbia, as applicable, all right, title, and interest of the United States in and to any portion of the approximately 4.4 acres of National Park Service land depicted as “Permanent Impact to NPS Land” on the Map dated May 15, 2020, that is identified by the State or the District of Columbia. (b) Terms and conditions.—Such conveyance of the National Park Service land under subsection (a) shall be subject to any terms and conditions that the Secretary may require. If such conveyed land is no longer being used for the purposes specified in this section, the lands or interests therein shall revert to the National Park Service after they have been restored or remediated to the satisfaction of the Secretary. (c) Corrections.—The Secretary and the State or the District of Columbia, as applicable, by mutual agreement, may— (1) make minor boundary adjustments to the National Park Service land to be conveyed to the State or the District of Columbia under subsection (a); and (2) correct any minor errors in the Map referred to in subsection (a). (d) Definitions.—For purposes of this section: (1) LONG BRIDGE PROJECT.—The term “Long Bridge Project” means the rail project, as identified by the Federal Railroad Administration, from Rosslyn (RO) Interlocking in Arlington, Virginia, to L’Enfant (LE) Interlocking in Washington, DC, which includes a bicycle and pedestrian bridge. (2) SECRETARY.—The term “Secretary” means the Secretary of the Interior, acting through the Director of the National Park Service. (3) STATE.—The term “State” means the State of Virginia. (e) Termination of authority.—The authority provided by this section shall expire once the conveyance described in subsection (a) has been completed. interagency motor pool Sec. 117. Notwithstanding any other provision of law or Federal regulation, federally recognized Indian tribes or authorized tribal organizations that receive Tribally-Controlled School Grants pursuant to Public Law 100–297 may obtain interagency motor vehicles and related services for performance of any activities carried out under such grants to the same extent as if they were contracting under the Indian Self-Determination and Education Assistance Act. appraiser pay authority Sec. 118. For fiscal year 2026, funds made available in this or any other Act or otherwise made available to the Department of the Interior for the Appraisal and Valuation Services Office may be used by the Secretary of the Interior to establish higher minimum rates of basic pay for employees of the Department of the Interior in the Appraiser (GS–1171) job series at grades 11 through 15 carrying out appraisals of real property and appraisal reviews conducted in support of the Department’s realty programs at rates no greater than 15 percent above the minimum rates of basic pay normally scheduled, and such higher rates shall be consistent with subsections (e) through (h) of section 5305 of title 5, United States Code. sage-grouse Sec. 119. None of the funds made available by this or any other Act may be used by the Secretary of the Interior to write or issue pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)— (1) a proposed rule for greater sage-grouse (Centrocercus urophasianus); (2) a proposed rule for the Columbia basin distinct population segment of greater sage-grouse. state conservation grants Sec. 120. For expenses necessary to carry out section 200305 of title 54, United States Code, the National Park Service may retain up to 7 percent of the State Conservation Grants program to provide to States, the District of Columbia, and insular areas, as matching grants to support state program administrative costs. historic preservation fund deposits Sec. 121. Section 303102 of title 54, United States Code, shall be applied by substituting “fiscal year 2026” for “fiscal year 2023”. interior authority for operating efficiencies Sec. 122. (a) In fiscal years 2026 and 2027, the Secretary of the Interior may authorize and execute agreements to achieve operating efficiencies among and between two or more component bureaus and offices through the following activities: (1) co-locating in offices and facilities leased or owned by any such component and sharing related utilities and equipment; (2) detailing or assigning staff on a non-reimbursable basis for up to 5 business days; and (3) sharing staff and equipment necessary to meet mission requirements. (b) The authority provided by subsection (a) is to support areas of mission alignment between and among component bureaus and offices or where geographic proximity allows for efficiencies. (c) Bureaus and offices entering into agreements authorized under subsections (a)(1) and (a)(3) shall bear costs for such agreements in a manner that reflects their approximate benefit and share of total costs, which may or may not include indirect costs. (d) In furtherance of the requirement in subsection (c), the Secretary of the Interior may make transfers of funds in advance or on a reimbursable basis. emergency law enforcement ceiling Sec. 123. Section 103101 of title 54, United States Code, is amended in subsection (c)(1) by striking “$250,000” and inserting “$500,000”. contribution authority extension Sec. 124. Section 113 of division G of Public Law 113–76, as amended by Public Law 116–6, is further amended by striking “2024” and inserting “2030”. limitation Sec. 125. If requested by the claimant of any mining claim located within the area covered by Public Land Order 7921, the Bureau of Land Management shall prioritize completion of a validity determination for such claim. The Bureau of Land Management shall strive to complete any such validity determination not later than 3 years of receipt of the request. renewal Sec. 126. The first section of Public Law 99–338 (100 Stat. 641) is amended— (1) by striking “3 renewals” and inserting “7 renewals”; and (2) by striking “of Southern California Edison Company”. field unit local hiring Sec. 127. The Secretary of the Interior may recruit and directly appoint qualified individuals into the competitive service who are certified as maintaining a permanent and exclusive residence in the vicinity of a field unit, into any position at or below grades GS–9 or WG–15 or equivalent within such field unit: Provided, That any action authorized herein shall be consistent with the merit principles of section 2301 of such title 5, and with the public notice requirements of section 3327 of such title 5: Provided further, That appointments under this authority shall be considered compliant with all applicable provisions of chapter 33 of title 5. grant application requirements Sec. 128. Section 1521 of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4441) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking “private,”; and (2) in subsection (c)(2)— (A) in subparagraph (A)— (i) by striking “be Native Hawaiians or” and inserting “include Native Hawaiians and”; and (ii) by striking the comma at the end and inserting “; and”; (B) by striking subparagraphs (B) through (D); (C) in subparagraph (E), by striking “of office”; and (D) by redesignating subparagraph (E) as subparagraph (B). TITLE II ENVIRONMENTAL PROTECTION AGENCY Science And Technology For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; necessary expenses for personnel and related costs and travel expenses; procurement of laboratory equipment and supplies; hire, maintenance, and operation of aircraft; and other operating expenses in support of research and development, $744,195,000, to remain available until September 30, 2027: Provided, That of the funds included under this heading, $27,253,000 shall be for Research: National Priorities as specified in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), of which $6,278,000 shall be for projects specified for Science and Technology in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). Environmental Programs And Management For environmental programs and management, including necessary expenses not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; administrative costs of the brownfields program under the Small Business Liability Relief and Brownfields Revitalization Act of 2002; implementation of a coal combustion residual permit program under section 2301 of the Water and Waste Act of 2016; and not to exceed $40,000 for official reception and representation expenses, $3,114,671,000, to remain available until September 30, 2027: Provided, That of amounts made available for Environmental Programs and Management, not less than $33,024,000 is to carry out the Energy Star Program pursuant to section 324(c) of the Energy Policy and Conservation Act (42 U.S.C. 6294a(c)): Provided further, That of the funds included under this heading, $30,000,000 shall be for grants, including for projects and implementation and training: Provided further, That for the funds provided in the preceding proviso not less than 10 percent shall be for any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1993 Small Area Income and Poverty Estimates, the 2000 decennial census, and the most recent Small Area Income and Poverty Estimates, or any territory or possession of the United States: Provided further, That of the funds included under this heading— (1) $30,700,000 shall be for Environmental Protection: National Priorities as specified in the explanatory statement described in section 4 (in the matter preceding title I of this consolidated division); (2) $390,202,000 shall be for Geographic Programs as specified in the explanatory statement described in section 4 (in the matter preceding title I of this division); and (3) $10,000,000, to remain available until expended, shall be for grants, including grants that may be awarded on a non-competitive basis, interagency agreements, and associated program support costs to establish and implement a program to assist Alaska Native Regional Corporations, Alaskan Native Village Corporations, federally-recognized tribes in Alaska, Alaska Native Non-Profit Organizations and Alaska Native Nonprofit Associations, and intertribal consortia comprised of Alaskan tribal entities to address contamination on lands conveyed under or pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that were or are contaminated at the time of conveyance and are on an inventory of such lands developed and maintained by the Environmental Protection Agency: Provided, That grants awarded using funds made available in this paragraph may be used by a recipient to supplement other funds provided by the Environmental Protection Agency through individual media or multi-media grants or cooperative agreements: Provided further, That of the amounts made available in this paragraph, in addition to amounts otherwise available for such purposes, the Environmental Protection Agency may reserve up to $2,000,000 for salaries, expenses, and administration of the program and for grants related to such program that address contamination on lands conveyed under or pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that were or are contaminated at the time of conveyance and are on the EPA inventory of such lands. In addition, $9,000,000, to remain available until expended, for necessary expenses of activities described in section 26(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That fees collected pursuant to that section of that Act and deposited in the “TSCA Service Fee Fund” as discretionary offsetting receipts in fiscal year 2026 shall be retained and used for necessary salaries and expenses in this appropriation and shall remain available until expended: Provided further, That the sum herein appropriated in this paragraph from the general fund for fiscal year 2026 shall be reduced by the amount of discretionary offsetting receipts received during fiscal year 2026, so as to result in a final fiscal year 2026 appropriation from the general fund estimated at not more than $0: Provided further, That to the extent that amounts realized from such receipts exceed $9,000,000, those amounts in excess of $9,000,000 shall be deposited in the “TSCA Service Fee Fund” as discretionary offsetting receipts in fiscal year 2026, shall be retained and used for necessary salaries and expenses in this account, and shall remain available until expended: Provided further, That of the funds included in the first paragraph under this heading, the Chemical Risk Review and Reduction program project shall be allocated for this fiscal year, excluding the amount of any fees appropriated, not less than the amount of appropriations for that program project for fiscal year 2014. Office Of Inspector General For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $43,250,000, to remain available until September 30, 2027: Provided, That the Office of Inspector General shall be subject to the terms, conditions, and requirements specified under this heading in Senate Report 118–83. Buildings And Facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $40,676,000, to remain available until expended. Hazardous Substance Superfund (including transfers of funds) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and hire, maintenance, and operation of aircraft, $282,749,000, to remain available until expended, consisting of such sums as are available in the Trust Fund on September 30, 2025, and not otherwise appropriated from the Trust Fund, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $282,749,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA: Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further, That of the funds appropriated under this heading, $11,328,000 shall be paid to the “Office of Inspector General” appropriation to remain available until September 30, 2027, and $17,607,000 shall be paid to the “Science and Technology” appropriation to remain available until September 30, 2027: Provided further, That section 122(b)(3) of CERCLA (42 U.S.C. 9622(b)(3)) shall be applied in this fiscal year by inserting before the period: “, including for the hire, maintenance, and operation of aircraft”: Provided further, That the matter preceding the first proviso in section 443(b) of title IV of division G of the Consolidated Appropriations Act, 2023 (Public Law 117–328) shall be applied in this fiscal year by inserting before the semicolon “, including for the hire, maintenance, and operation of aircraft”: Provided further, That amounts repurposed pursuant to the preceding proviso shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. Leaking Underground Storage Tank Trust Fund Program For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid Waste Disposal Act, $88,903,000, to remain available until expended, of which $64,583,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act; and $24,320,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code: Provided, That the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the development and implementation of programs to manage underground storage tanks. Inland Oil Spill Programs For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, including hire, maintenance, and operation of aircraft, $20,561,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. State And Tribal Assistance Grants For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $4,409,609,000, to remain available until expended, of which— (1) $1,638,861,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act; and of which $1,126,101,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, That $892,762,272 of the funds made available for capitalization grants for the Clean Water State Revolving Funds and $715,364,627 of the funds made available for capitalization grants for the Drinking Water State Revolving Funds shall be for the construction of drinking water, wastewater, and storm water infrastructure and for water quality protection in accordance with the terms and conditions specified for such grants in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) for projects specified for “STAG—Drinking Water State Revolving Fund” and “STAG—Clean Water State Revolving Fund” in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act), and, for purposes of these grants, each grantee shall contribute not less than 20 percent of the cost of the project unless the grantee is approved for a waiver by the Agency: Provided further, That $13,300,000 of the funds appropriated under this heading for capitalization grants for the Clean Water State Revolving Funds and for capitalization grants for the Drinking Water State Revolving Funds, in addition to amounts otherwise available for such purposes, may be used by the Administrator for salaries, expenses, and administration for Community Project Funding Items/Congressionally Directed Spending Items: Provided further, That for fiscal year 2026, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use Plans, not less than 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants shall be used by the State for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That for fiscal year 2026, funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants may, at the discretion of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That the Administrator is authorized to use up to $1,500,000 of funds made available for the Clean Water State Revolving Funds under this heading under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381) to conduct the Clean Watersheds Needs Survey: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 2026 and prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2026, notwithstanding the provisions of subsections (g)(1), (h), and (l) of section 201 of the Federal Water Pollution Control Act, grants made under title II of such Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, the United States Virgin Islands, and the District of Columbia may also be made for the purpose of providing assistance: (1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2026, notwithstanding the provisions of such subsections (g)(1), (h), and (l) of section 201 and section 518(c) of the Federal Water Pollution Control Act, funds reserved by the Administrator for grants under section 518(c) of the Federal Water Pollution Control Act may also be used to provide assistance: (1) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (2) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2026, notwithstanding any provision of the Federal Water Pollution Control Act and regulations issued pursuant thereof, up to a total of $2,000,000 of the funds reserved by the Administrator for grants under section 518(c) of such Act may also be used for grants for training, technical assistance, and educational programs relating to the operation and management of the treatment works specified in section 518(c) of such Act: Provided further, That for fiscal year 2026, funds reserved under section 518(c) of such Act shall be available for grants only to Indian tribes, as defined in section 518(h) of such Act and former Indian reservations in Oklahoma (as determined by the Secretary of the Interior) and Native Villages as defined in Public Law 92–203: Provided further, That for fiscal year 2026, notwithstanding the limitation on amounts in section 518(c) of the Federal Water Pollution Control Act, up to a total of 2 percent of the funds appropriated, or $30,000,000, whichever is greater, and notwithstanding the limitation on amounts in section 1452(i) of the Safe Drinking Water Act, up to a total of 2 percent of the funds appropriated, or $20,000,000, whichever is greater, for State Revolving Funds under such Acts may be reserved by the Administrator for grants under section 518(c) and section 1452(i) of such Acts: Provided further, That for fiscal year 2026, notwithstanding the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of the aggregate funds appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section 518(c) of the Act, may be reserved by the Administrator for grants made under title II of the Federal Water Pollution Control Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and United States Virgin Islands: Provided further, That for fiscal year 2026, notwithstanding the limitations on amounts specified in section 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs under the Safe Drinking Water Act may be reserved by the Administrator for grants made under section 1452(j) of the Safe Drinking Water Act: Provided further, That 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants and 14 percent of the funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination of these), and shall be so used by the State only where such funds are provided as initial financing for an eligible recipient or to buy, refinance, or restructure the debt obligations of eligible recipients only where such debt was incurred on or after the date of enactment of this Act, or where such debt was incurred prior to the date of enactment of this Act if the State, with concurrence from the Administrator, determines that such funds could be used to help address a threat to public health from heightened exposure to lead in drinking water or if a Federal or State emergency declaration has been issued due to a threat to public health from heightened exposure to lead in a municipal drinking water supply before the date of enactment of this Act: Provided further, That in a State in which such an emergency declaration has been issued, the State may use more than 14 percent of the funds made available under this title to the State for Drinking Water State Revolving Fund capitalization grants to provide additional subsidy to eligible recipients: Provided further, That notwithstanding section 1452(o) of the Safe Drinking Water Act (42 U.S.C. 300j–12(o)), the Administrator shall reserve up to $12,000,000 of the amounts made available for fiscal year 2026 for making capitalization grants for the Drinking Water State Revolving Funds to pay the costs of monitoring for unregulated contaminants under section 1445(a)(2)(C) of such Act: Provided further, That the funds made available under this heading for Community Project Funding/Congressionally Directed Spending grants in this or prior appropriations Acts are not subject to compliance with Federal procurement requirements for competition and methods of procurement applicable to Federal financial assistance, if a Community Project Funding/Congressionally Directed Spending recipient has procured services or products through contracts entered into prior to the date of enactment of this legislation that complied with state and/or local laws governing competition; (2) $35,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission: Provided, That no funds provided by this appropriations Act to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure; (3) $39,000,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages: Provided, That of these funds: (A) the State of Alaska shall provide a match of 25 percent; (B) no more than 5 percent of the funds may be used for administrative and overhead expenses; and (C) the State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency and the U.S. Department of Agriculture for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; (4) $98,000,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided, That at least 10 percent shall be allocated for assistance in persistent poverty counties: Provided further, That for purposes of this section, the term “persistent poverty counties” means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1993 Small Area Income and Poverty Estimates, the 2000 decennial census, and the most recent Small Area Income and Poverty Estimates, or any territory or possession of the United States; (5) $90,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of 2005; (6) $67,800,000 shall be for targeted airshed grants in accordance with the terms and conditions in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act); (7) $28,500,000 shall be for grants under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j–19a): Provided, That for fiscal year 2026, funds provided under subsections (a) through (j) of such section of such Act may be used— (A) by a State to provide assistance to benefit one or more owners of drinking water wells that are not public water systems or connected to a public water system for necessary and appropriate activities related to a contaminant pursuant to subsection (j) of such section of such Act; and (B) to support a community described in subsection (c)(2) of such section of such Act; (8) $28,000,000 shall be for grants under section 1464(d) of the Safe Drinking Water Act (42 U.S.C. 300j–24(d)); (9) $22,000,000 shall be for grants under section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j–19b); (10) $6,500,000 shall be for grants under section 1459A(l) of the Safe Drinking Water Act (42 U.S.C. 300j–19a(l)); (11) $25,500,000 shall be for grants under section 104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C. 1254(b)(8)); (12) $41,000,000 shall be for grants under section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301); (13) $5,400,000 shall be for grants under section 4304(b) of the America’s Water Infrastructure Act of 2018 (Public Law 115–270); (14) $3,500,000 shall be for carrying out section 302(a) of the Save Our Seas 2.0 Act (33 U.S.C. 4282(a)), of which not more than 2 percent shall be for administrative costs to carry out such section: Provided, That notwithstanding section 302(a) of such Act, the Administrator may also provide grants pursuant to such authority to intertribal consortia consistent with the requirements in 40 CFR 35.504(a), to former Indian reservations in Oklahoma (as determined by the Secretary of the Interior), and Alaska Native Villages as defined in Public Law 92–203; (15) $8,500,000 shall be for grants under section 103(b)(3) of the Clean Air Act for wildfire smoke preparedness grants in accordance with the terms and conditions in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That not more than 3 percent shall be for administrative costs to carry out such section; (16) $20,364,000 shall be for State and Tribal Assistance Grants to be allocated in the amounts specified for those projects and for the purposes delineated in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) for remediation, construction, and related environmental management activities in accordance with the terms and conditions specified for such grants in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act); (17) $2,250,000 shall be for grants under section 1459F of the Safe Drinking Water Act (42 U.S.C. 300j–19g); (18) $4,000,000 shall be for carrying out section 2001 of the America’s Water Infrastructure Act of 2018 (Public Law 115–270, 42 U.S.C. 300j–3c note): Provided, That the Administrator may award grants to and enter into contracts with tribes, intertribal consortia, public or private agencies, institutions, organizations, and individuals, without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41, United States Code, and enter into interagency agreements as appropriate; (19) $2,000,000 shall be for grants under section 50217(b) of the Infrastructure Investment and Jobs Act (33 U.S.C. 1302f(b); Public Law 117–58); (20) $3,500,000 shall be for grants under section 124 of the Federal Water Pollution Control Act (33 U.S.C. 1276); (21) $2,000,000 shall be for grants for remediation of above ground leaking fuel tanks pursuant to Public Law 106–554; (22) $2,000,000 shall be for grants under section 220 of the Federal Water Pollution Control Act (33 U.S.C. 1300); and (23) $1,109,833,000 shall be for grants, including associated program support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement, and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104–134, and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities subject to terms and conditions specified by the Administrator, and under section 2301 of the Water and Waste Act of 2016 to assist States in developing and implementing programs for control of coal combustion residuals, of which: $46,250,000 shall be for carrying out section 128 of CERCLA; $9,500,000 shall be for Environmental Information Exchange Network grants, including associated program support costs; $1,475,000 shall be for grants to States under section 2007(f)(2) of the Solid Waste Disposal Act, which shall be in addition to funds appropriated under the heading “Leaking Underground Storage Tank Trust Fund Program” to carry out the provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code other than section 9003(h) of the Solid Waste Disposal Act; $18,512,000 of the funds available for grants under section 106 of the Federal Water Pollution Control Act shall be for State participation in national- and State-level statistical surveys of water resources and enhancements to State monitoring programs. Water Infrastructure Finance And Innovation Program Account For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $64,634,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $12,500,000,000: Provided further, That of the funds made available under this heading, $5,000,000 shall be used solely for the cost of direct loans and for the cost of guaranteed loans for projects described in section 5026(9) of the Water Infrastructure Finance and Innovation Act of 2014 to State infrastructure financing authorities, as authorized by section 5033(e) of such Act: Provided further, That the use of direct loans or loan guarantee authority under this heading for direct loans or commitments to guarantee loans for any project shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading “Water Infrastructure Finance and Innovation Program Account” in division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94): Provided further, That none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Administrator and the Director of the Office of Management and Budget have certified in advance in writing that the direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in the previous proviso: Provided further, That, for the purposes of carrying out the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Administrator shall promptly provide, documentation and information relating to a project identified in a Letter of Interest submitted to the Administrator pursuant to a Notice of Funding Availability for applications for credit assistance under the Water Infrastructure Finance and Innovation Act Program, including with respect to a project that was initiated or completed before the date of enactment of this Act. In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $7,640,000, to remain available until September 30, 2027. Administrative Provisions—environmental Protection Agency (including transfers of funds) For fiscal year 2026, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency’s function to implement directly Federal environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial assistance agreements. The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8), to remain available until expended. Notwithstanding section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w–8(d)(2)), the Administrator of the Environmental Protection Agency may assess fees under section 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2026. The Administrator of the Environmental Protection Agency is authorized to collect and obligate fees in accordance with section 3024 of the Solid Waste Disposal Act (42 U.S.C. 6939g) for fiscal year 2026, to remain available until expended. The Administrator is authorized to transfer up to $369,000,000 of the funds appropriated for the Great Lakes Restoration Initiative under the heading “Environmental Programs and Management” to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support the Great Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs, projects, or activities; to enter into an interagency agreement with the head of such Federal department or agency to carry out these activities; and to make grants to governmental entities, nonprofit organizations, institutions, and individuals for planning, research, monitoring, outreach, and implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement. The Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities, provided that the cost does not exceed $300,000 per project. For fiscal year 2026, and notwithstanding section 518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of the Act to make grants to Indian tribes pursuant to sections 319(h) and 518(e) of that Act. The Administrator is authorized to use the amounts appropriated under the heading “Environmental Programs and Management” for fiscal year 2026 to provide grants to implement the Southeast New England Watershed Restoration Program. Notwithstanding the limitations on amounts in section 320(i)(2)(B) of the Federal Water Pollution Control Act, not less than $2,500,000 of the funds made available under this title for the National Estuary Program shall be for making competitive awards described in section 320(g)(4). For fiscal year 2026, the Office of Chemical Safety and Pollution Prevention and the Office of Water may, using funds appropriated under the headings “Environmental Programs and Management” and “Science and Technology”, contract directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 5, for the temporary or intermittent personal services of students or recent graduates, who shall be considered employees for the purposes of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purpose: Provided, That amounts used for this purpose by the Office of Chemical Safety and Pollution Prevention and the Office of Water collectively may not exceed $2,000,000. In this fiscal year and each fiscal year through 2031, the Administrator may, after consultation with the Office of Personnel Management, employ up to 100 persons at any one time at the Environmental Protection Agency pursuant to the authority provided in 42 U.S.C. 209. The Environmental Protection Agency shall maintain staffing levels in order to fulfill the mission and statutory obligations of the agency, including Section 2(f) of the Environmental Research, Development, and Demonstration Authorization Act of 1981 (42 U.S.C. 4363). The Environmental Protection agency shall provide the Committees on Appropriations of the House of Representatives and Senate with copies of any available Department of Treasury quarterly certification of trust fund receipts collected from section 13601 of Public Law 117–169 and section 80201 of Public Law 117–58, an annual operating plan for such receipts showing amounts allocated by program area and program project, and quarterly reports for such receipts of obligated balances by program area and program project. TITLE III RELATED AGENCIES DEPARTMENT OF AGRICULTURE office of the under secretary for natural resources and environment For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $780,000: Provided, That funds made available by this Act to any agency in the Natural Resources and Environment mission area for salaries and expenses are available to fund up to one administrative support staff for the office. Forest Service forest service operations (including transfers of funds) For necessary expenses of the Forest Service, not otherwise provided for, $1,090,600,000, of which $944,114,000 shall remain available through September 30, 2029: Provided, That a portion of the funds made available under this heading shall be for the base salary and expenses of employees in the Chief’s Office, the Work Environment and Performance Office, the Business Operations Deputy Area, and the Chief Financial Officer’s Office to carry out administrative and general management support functions: Provided further, That funds provided under this heading shall be available for the costs of facility maintenance, repairs, and leases for buildings and sites where these administrative, general management and other Forest Service support functions take place; the costs of all utility and telecommunication expenses of the Forest Service, as well as business services; and, for information technology, including cybersecurity requirements: Provided further, That funds provided under this heading may be used for necessary expenses to carry out administrative and general management support functions of the Forest Service not otherwise provided for and necessary for its operation. forest and rangeland research For necessary expenses of forest and rangeland research as authorized by law, $308,697,000, to remain available through September 30, 2029: Provided, That of the funds provided, $32,197,000 is for the forest inventory and analysis program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute amounts made available under this heading, are also available in the utilization of funds for Fire Science Research. state, private, and tribal forestry For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, tribes, and others, and for forest health management, including for invasive plants, and conducting an international program and trade compliance activities as authorized, $310,594,000, to remain available through September 30, 2029, as authorized by law, of which $18,094,000 shall be for projects specified for Forest Resource Information and Analysis in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). national forest system For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for hazardous fuels management on or adjacent to such lands, $1,857,843,000, to remain available through September 30, 2029: Provided, That of the funds provided, $31,000,000 shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restoration treatments as authorized by 16 U.S.C. 7303(f): Provided further, That for the funds provided in the preceding proviso, section 4003(d)(3)(A) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(A)) shall be applied by substituting “20” for “10” and section 4003(d)(3)(B) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(d)(3)(B)) shall be applied by substituting “4” for “2”: Provided further, That of the funds provided, $39,000,000 shall be for forest products: Provided further, That of the funds provided, $176,850,000 shall be for hazardous fuels management activities, of which not to exceed $30,000,000 may be used to make grants, using any authorities available to the Forest Service under the “State, Private, and Tribal Forestry” appropriation, for the purpose of creating incentives for increased use of biomass from National Forest System lands: Provided further, That $20,000,000 may be used by the Secretary of Agriculture to enter into procurement contracts or cooperative agreements or to issue grants for hazardous fuels management activities, and for training or monitoring associated with such hazardous fuels management activities on Federal land, or on non-Federal land if the Secretary determines such activities benefit resources on Federal land: Provided further, That funds made available to implement the Community Forest Restoration Act, Public Law 106–393, title VI, shall be available for use on non-Federal lands in accordance with authorities made available to the Forest Service under the “State, Private, and Tribal Forestry” appropriation: Provided further, That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for grazing on a National Grassland, may provide a credit of up to 50 percent of the calculated fee to a Grazing Association or direct permittee for a conservation practice approved by the Secretary in advance of the fiscal year in which the cost of the conservation practice is incurred, and that the amount credited shall remain available to the Grazing Association or the direct permittee, as appropriate, in the fiscal year in which the credit is made and each fiscal year thereafter for use on the project for conservation practices approved by the Secretary: Provided further, That funds appropriated to this account shall be available for the base salary and expenses of employees that carry out the functions funded by the “Capital Improvement and Maintenance” account, the “Range Betterment Fund” account, and the “Management of National Forest Lands for Subsistence Uses” account. capital improvement and maintenance (including transfer of funds) For necessary expenses of the Forest Service, not otherwise provided for, $153,250,000, to remain available through September 30, 2029, for construction, capital improvement, maintenance, and acquisition of buildings and other facilities and infrastructure; for construction, reconstruction, and decommissioning of roads that are no longer needed, including unauthorized roads that are not part of the transportation system; and for maintenance of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, That $6,000,000 shall be for activities authorized by 16 U.S.C. 538(a): Provided further, That $20,850,000 shall be for projects specified for Construction Projects in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That funds becoming available in fiscal year 2026 under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund of the Treasury and shall not be available for transfer or obligation for any other purpose unless the funds are appropriated. acquisition of lands for national forests special acts For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California; and the Ozark-St. Francis and Ouachita National Forests, Arkansas; as authorized by law, $664,000, to be derived from forest receipts. acquisition of lands to complete land exchanges For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities, and for authorized expenditures from funds deposited by non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 (16 U.S.C. 484a), to remain available through September 30, 2029, (16 U.S.C. 516–617a, 555a; Public Law 96–586; Public Law 76–589, Public Law 76–591; and Public Law 78–310). range betterment fund For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 401(b)(1) of Public Law 94–579, to remain available through September 30, 2029, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. gifts, donations and bequests for forest and rangeland research For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain available through September 30, 2029, to be derived from the fund established pursuant to the above Act. management of national forest lands for subsistence uses For necessary expenses of the Forest Service to manage Federal lands in Alaska for subsistence uses under title VIII of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), $1,099,000, to remain available through September 30, 2029. wildland fire management (including transfers of funds) For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency wildland fire suppression on or adjacent to such lands or other lands under fire protection agreement, and for emergency rehabilitation of burned-over National Forest System lands and water, $2,426,111,000, to remain available until expended: Provided, That such funds, including unobligated balances under this heading, are available for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further, That any unobligated funds appropriated in a previous fiscal year for hazardous fuels management may be transferred to the “National Forest System” account: Provided further, That such funds shall be available to reimburse State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management agency: Provided further, That funds provided shall be available for support to Federal emergency response: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That of the funds provided under this heading, $1,011,000,000 shall be available for wildfire suppression operations, and is provided to meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2026 budget enforcement in the House of Representatives. wildfire suppression operations reserve fund (including transfers of funds) In addition to the amounts provided under the heading “Department of Agriculture—Forest Service—Wildland Fire Management” for wildfire suppression operations, $2,480,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and to legislation establishing fiscal year 2026 budget enforcement in the House of Representatives: Provided, That such amounts may be transferred to and merged with amounts made available under the headings “Department of the Interior—Department-Wide Programs—Wildland Fire Management” and “Department of Agriculture—Forest Service—Wildland Fire Management” for wildfire suppression operations in the fiscal year in which such amounts are transferred: Provided further, That amounts may be transferred to the “Wildland Fire Management” accounts in the Department of the Interior or the Department of Agriculture only upon the notification of the House and Senate Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided by law: Provided further, That, in determining whether all wildfire suppression operations funds appropriated under the heading “Wildland Fire Management” in this and prior appropriations Acts to either the Department of Agriculture or the Department of the Interior will be obligated within 30 days pursuant to the preceding proviso, any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded. communications site administration (including transfer of funds) Amounts collected in this fiscal year pursuant to section 8705(f)(2) of the Agriculture Improvement Act of 2018 (Public Law 115–334), shall be deposited in the special account established by section 8705(f)(1) of such Act, shall be available to cover the costs described in subsection (c)(3) of such section of such Act, and shall remain available until expended: Provided, That such amounts shall be transferred to the “National Forest System” account. administrative provisions—forest service (including transfers of funds) Appropriations to the Forest Service for the current fiscal year shall be available for: (1) purchase of passenger motor vehicles; acquisition of passenger motor vehicles from excess sources, and hire of such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft to maintain the operable fleet for use in Forest Service wildland fire programs and other Forest Service programs; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in accordance with 31 U.S.C. 3718(c). Funds made available to the Forest Service in this Act may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94): Provided, That any transfer of funds pursuant to this paragraph shall not increase or decrease the funds appropriated to any account in this fiscal year by more than ten percent: Provided further, That such transfer authority is in addition to any other transfer authority provided by law. Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary of Agriculture’s notification of the House and Senate Committees on Appropriations that all fire suppression funds appropriated under the heading “Wildland Fire Management” will be obligated within 30 days: Provided, That all funds used pursuant to this paragraph must be replenished by a supplemental appropriation which must be requested as promptly as possible. Not more than $50,000,000 of funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels management, and State fire assistance when such transfers would facilitate and expedite wildland fire management programs and projects. Notwithstanding any other provision of this Act, the Forest Service may transfer unobligated balances of discretionary funds appropriated to the Forest Service by this Act to or within the National Forest System Account, or reprogram funds to be used for the purposes of hazardous fuels management and urgent rehabilitation of burned-over National Forest System lands and water: Provided, That such transferred funds shall remain available through September 30, 2029: Provided further, That none of the funds transferred pursuant to this paragraph shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress. Funds appropriated to the Forest Service shall be available for assistance to or through the U.S. Department of State and other Federal agencies in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States government, private sector, and international organizations: Provided, That amounts made available for International Programs and Trade may utilize all authorities related to forestry, research, and cooperative assistance regardless of program designations. Funds appropriated to the Forest Service shall be available to enter into a cooperative agreement with the section 509(a)(3) Supporting Organization, “Forest Service International Foundation” to assist the Foundation in meeting administrative, project, and other expenses, and may provide the Foundation's use of Forest Service personnel and facilities. Funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for the performance of cadastral surveys to designate the boundaries of such lands. None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 106–224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107–171 (7 U.S.C. 8316(b)). Not more than $82,000,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges: Provided, That nothing in this paragraph shall prohibit or limit the use of reimbursable agreements requested by the Forest Service in order to obtain information technology services, including telecommunications and system modifications or enhancements, from the Working Capital Fund of the Department of Agriculture. Of the funds available to the Forest Service, up to $5,000,000 shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). Of the funds available to the Forest Service, $4,000 is available to the Chief of the Forest Service for official reception and representation expenses. Pursuant to sections 405(b) and 410(b) of Public Law 101–593, of the funds available to the Forest Service, up to $3,000,000 may be advanced in a lump sum to the National Forest Foundation to aid conservation partnership projects in support of the Forest Service mission, without regard to when the Foundation incurs expenses, for projects on or benefitting National Forest System lands or related to Forest Service programs: Provided, That of the Federal funds made available to the Foundation, no more than $300,000 shall be available for administrative expenses: Provided further, That the Foundation shall obtain, by the end of the period of Federal financial assistance, private contributions to match funds made available by the Forest Service on at least a one-for-one basis: Provided further, That the Foundation may transfer Federal funds to a Federal or a non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Pursuant to section 2(b)(2) of Public Law 98–244, up to $3,000,000 of the funds available to the Forest Service may be advanced to the National Fish and Wildlife Foundation in a lump sum to aid cost-share conservation projects, without regard to when expenses are incurred, on or benefitting National Forest System lands or related to Forest Service programs: Provided, That such funds shall be matched on at least a one-for-one basis by the Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Any amounts made available to the Forest Service in this fiscal year, including available collections, may be used by the Secretary of Agriculture, acting through the Chief of the Forest Service, to enter into Federal financial assistance grants and cooperative agreements to support forest or grassland collaboratives in the accomplishment of activities benefitting both the public and the National Forest System, Federal lands and adjacent non-Federal lands. Eligible activities are those that will improve or enhance Federal investments, resources, or lands, including for collaborative and collaboration-based activities, including but not limited to facilitation, planning, and implementing projects, technical assistance, administrative functions, operational support, participant costs, and other capacity support needs, as identified by the Forest Service. Eligible recipients are Indian tribal entities (defined at 25 U.S.C. 5304(e)), state government, local governments, private and nonprofit entities, for-profit organizations, and educational institutions. The Secretary of Agriculture, acting through the Chief of the Forest Service, may enter into such cooperative agreements notwithstanding chapter 63 of title 31 when the Secretary determines that the public interest will be benefited and that there exists a mutual interest other than monetary considerations. Transactions subject to Title 2 of the Code of Federal Regulations shall be publicly advertised and require competition when required by such Title 2. For those transactions not subject to Title 2 of the Code of Federal Regulations, the agency may require public advertising and competition when deemed appropriate. The term “forest and grassland collaboratives” means groups of individuals or entities with diverse interests participating in a cooperative process to share knowledge, ideas, and resources about the protection, restoration, or enhancement of natural and other resources on Federal and adjacent non-Federal lands, the improvement or maintenance of public access to Federal lands, or the reduction of risk to such lands caused by natural disasters. The 19th unnumbered paragraph under the heading “Administrative Provisions, Forest Service” in title III of Public Law 109–54 is amended in the first sentence by inserting “and future Acts” after “funds available to the Forest Service in this Act” and by striking “prior to the date of enactment of this Act”. Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes. Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–663. Any funds appropriated to the Forest Service may be used to meet the non-Federal share requirement in section 502(c) of the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)). The Forest Service shall not assess funds for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning. Notwithstanding any other provision of law, of any appropriations or funds available to the Forest Service, not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar matters unrelated to civil litigation: Provided, That future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously transferred and the sums requested for transfer. An eligible individual who is employed in any project funded under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and administered by the Forest Service shall be considered to be a Federal employee for purposes of chapter 171 of title 28, United States Code. The Forest Service may employ or contract with an individual who is enrolled in a training program at a longstanding Civilian Conservation Center (as defined in section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d))) at regular rates of pay for necessary hours of work on National Forest System lands. Funds appropriated to the Forest Service shall be available to pay, from a single account, the base salary and expenses of employees who carry out functions funded by other accounts for Enterprise Program, Geospatial Technology and Applications Center, National Applications Liaison Office, Job Corps, and National Technology and Development Program. The Forest Service shall maintain staffing levels in order to fulfill the mission required under title 7, title 16, title 30, title 43, and title 54, United States Code, including to protect natural and cultural resources, provide and maintain appropriate access and recreation for visitors, provide safety precautions for visitors and staff, maintain physical and natural infrastructure, provide information and respond to stakeholders and the general public, conduct tribal consultation, provide for administrative support, administer forestry assistance programs, provide technical assistance to states, tribes and private landowners, manage energy and minerals resources, and carry out other activities in support of effectively operating the National Forest System and carrying out programs administered by the Forest Service in a timely manner. DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service indian health services For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles II and III of the Public Health Service Act with respect to the Indian Health Service, $66,993,000, to remain available until September 30, 2027, except as otherwise provided herein, which shall be in addition to funds previously appropriated under this heading that became available on October 1, 2025; in addition, $264,702,000, to remain available until September 30, 2027, for the Electronic Health Record System and the Indian Healthcare Improvement Fund, of which $74,138,000 is for the Indian Health Care Improvement Fund and may be used, as needed, to carry out activities typically funded under the Indian Health Facilities account; and, in addition, $4,789,731,000, which shall become available on October 1, 2026, and remain available through September 30, 2028, except as otherwise provided herein; together with payments received during the fiscal year pursuant to sections 231(b) and 233 of the Public Health Service Act (42 U.S.C. 238(b) and 238b), for services furnished by the Indian Health Service: Provided, That funds made available to tribes and tribal organizations through contracts, grant agreements, or any other agreements or compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), shall be deemed to be obligated at the time of the grant or contract award and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That from the amounts that become available on October 1, 2026, $2,500,000 shall be available for grants or contracts with public or private institutions to provide alcohol or drug treatment services to Indians, including alcohol detoxification services: Provided further, That from the amounts that become available on October 1, 2026, $996,755,000 shall remain available until expended for Purchased/Referred Care: Provided further, That of the total amount specified in the preceding proviso for Purchased/Referred Care, $54,000,000 shall be for the Indian Catastrophic Health Emergency Fund: Provided further, That from the amounts that become available on October 1, 2026, up to $53,000,000 shall remain available until expended for implementation of the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further, That from the amounts that become available on October 1, 2026, $58,000,000, to remain available until expended, shall be for costs related to or resulting from accreditation emergencies, including supplementing activities funded under the heading “Indian Health Facilities”, of which up to $4,000,000 may be used to supplement amounts otherwise available for Purchased/Referred Care: Provided further, That the amounts collected by the Federal Government as authorized by sections 104 and 108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal year for breach of contracts shall be deposited in the Fund authorized by section 108A of that Act (25 U.S.C. 1616a–1) and shall remain available until expended and, notwithstanding section 108A(c) of that Act (25 U.S.C. 1616a–1(c)), funds shall be available to make new awards under the loan repayment and scholarship programs under sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided further, That the amounts made available within this account for the Substance Abuse and Suicide Prevention Program, for Opioid Prevention, Treatment and Recovery Services, for the Domestic Violence Prevention Program, for the Zero Suicide Initiative, for the housing subsidy authority for civilian employees, for Aftercare Pilot Programs at Youth Regional Treatment Centers, for transformation and modernization costs of the Indian Health Service Electronic Health Record system, for national quality and oversight activities, to improve collections from public and private insurance at Indian Health Service and tribally operated facilities, for an initiative to treat or reduce the transmission of HIV and HCV, for a maternal health initiative, for the Telebehaviorial Health Center of Excellence, for Alzheimer’s activities, for Village Built Clinics, for a produce prescription pilot, and for accreditation emergencies shall be allocated at the discretion of the Director of the Indian Health Service and shall remain available until expended: Provided further, That funds provided in this Act may be used for annual contracts and grants that fall within 2 fiscal years, provided the total obligation is recorded in the year the funds are appropriated: Provided further, That the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended for the purpose of achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act, except for those related to the planning, design, or construction of new facilities: Provided further, That funding contained herein for scholarship programs under the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended: Provided further, That amounts received by tribes and tribal organizations under title IV of the Indian Health Care Improvement Act shall be reported and accounted for and available to the receiving tribes and tribal organizations until expended: Provided further, That the Bureau of Indian Affairs may collect from the Indian Health Service, and from tribes and tribal organizations operating health facilities pursuant to Public Law 93–638, such individually identifiable health information relating to disabled children as may be necessary for the purpose of carrying out its functions under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.): Provided further, That none of the funds provided that become available on October 1, 2026, may be used for implementation of the Electronic Health Record System or the Indian Health Care Improvement Fund: Provided further, That none of the funds appropriated by this Act, or any other Act, to the Indian Health Service for the Electronic Health Record system shall be available for obligation or expenditure for the selection or implementation of a new Information Technology infrastructure system, unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 90 days in advance of such obligation. contract support costs For payments to tribes and tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Indian Health Service for fiscal year 2026, such sums as may be necessary: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account: Provided further, That amounts obligated but not expended by a tribe or tribal organization for contract support costs for such agreements for the current fiscal year shall be applied to contract support costs due for such agreements for subsequent fiscal years. payments for tribal leases For payments to tribes and tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2026, such sums as may be necessary, which shall be available for obligation through September 30, 2027: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. indian health facilities For construction, repair, maintenance, demolition, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, and the Indian Health Care Improvement Act, and for expenses necessary to carry out such Acts and titles II and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health Service, $5,826,000, to remain available until expended, which shall be in addition to funds previously appropriated under this heading that became available on October 1, 2025; in addition, $292,622,000, to remain available until expended, for Sanitation Facilities Construction and Health Care Facilities Construction; and, in addition, $516,600,000, which shall become available on October 1, 2026, and remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation, or expansion of health facilities for the benefit of an Indian tribe or tribes may be used to purchase land on which such facilities will be located: Provided further, That not to exceed $500,000 may be used for fiscal year 2027 by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian Health Service and tribal facilities: Provided further, That none of the funds provided that become available on October 1, 2026, may be used for Health Care Facilities Construction or for Sanitation Facilities Construction: Provided further, That of the amount appropriated under this heading for fiscal year 2026 for Sanitation Facilities Construction, $17,039,000 shall be for projects specified for Sanitation Facilities Construction (CDS) in the table titled “Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items” included for this division in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That none of the funds appropriated to the Indian Health Service may be used for sanitation facilities construction for new homes funded with grants by the housing programs of the United States Department of Housing and Urban Development. administrative provisions—indian health service Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 at rates not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation, and erection of modular buildings and renovation of existing facilities; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary of Health and Human Services; uniforms, or allowances therefor as authorized by 5 U.S.C. 5901–5902; and for expenses of attendance at meetings that relate to the functions or activities of the Indian Health Service: Provided, That in accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under the Federal Medical Care Recovery Act (42 U.S.C. 2651–2653) shall be credited to the account of the facility providing the service and shall be available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development to the Indian Health Service shall be administered under Public Law 86–121, the Indian Sanitation Facilities Act and Public Law 93–638: Provided further, That funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: Provided further, That none of the funds made available to the Indian Health Service in this Act shall be used for any assessments or charges by the Department of Health and Human Services unless such assessments or charges are identified in the budget justification and provided in this Act, or approved by the House and Senate Committees on Appropriations through the reprogramming process: Provided further, That notwithstanding any other provision of law, funds previously or herein made available to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.), may be deobligated and reobligated to a self-determination contract under title I, or a self-governance agreement under title V of such Act and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That none of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law: Provided further, That with respect to functions transferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities on a reimbursable basis, including payments in advance with subsequent adjustment, and the reimbursements received therefrom, along with the funds received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation account from which the funds were originally derived, with such amounts to remain available until expended: Provided further, That reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead costs associated with the provision of goods, services, or technical assistance: Provided further, That the Indian Health Service may provide to civilian medical personnel serving in hospitals operated by the Indian Health Service housing allowances equivalent to those that would be provided to members of the Commissioned Corps of the United States Public Health Service serving in similar positions at such hospitals: Provided further, That the appropriation structure for the Indian Health Service may not be altered without advance notification to the House and Senate Committees on Appropriations. National Institutes Of Health national institute of environmental health sciences For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986, $77,100,000. Agency For Toxic Substances And Disease Registry toxic substances and environmental public health For necessary expenses for the Agency for Toxic Substances and Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and section 3019 of the Solid Waste Disposal Act, $79,800,000: Provided, That notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited healthcare providers: Provided further, That in performing any such health assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That none of the funds appropriated under this heading shall be available for ATSDR to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 2026, and existing profiles may be updated as necessary. OTHER RELATED AGENCIES Executive Office Of The President council on environmental quality and office of environmental quality For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $4,629,000: Provided, That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council. Chemical Safety And Hazard Investigation Board salaries and expenses For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902, the rental of space, and for services authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376, $14,000,000: Provided, That the Chemical Safety and Hazard Investigation Board (Board) shall have not more than three career Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to the position of Inspector General of the Environmental Protection Agency (EPA) shall, by virtue of such appointment, also hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector General of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions within the Board. Institute Of American Indian And Alaska Native Culture And Arts Development payment to the institute For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by part A of title XV of Public Law 99–498 (20 U.S.C. 4411 et seq.), $13,482,000, which shall become available on July 1, 2026, and shall remain available until September 30, 2027. Smithsonian Institution salaries and expenses For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease agreements of no more than 30 years, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for employees, $928,500,000, to remain available until September 30, 2027, except as otherwise provided herein; of which not to exceed $27,000,000 for the instrumentation program, collections acquisition, exhibition reinstallation, Smithsonian American Women's History Museum, National Museum of the American Latino, and the repatriation of skeletal remains program shall remain available until expended; and including such funds as may be necessary to support American overseas research centers: Provided, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations: Provided further, That the Smithsonian Institution may expend Federal appropriations designated in this Act for lease or rent payments, as rent payable to the Smithsonian Institution, and such rent payments may be deposited into the general trust funds of the Institution to be available as trust funds for expenses associated with the purchase of a portion of the building at 600 Maryland Avenue, SW, Washington, DC, to the extent that federally supported activities will be housed there: Provided further, That the use of such amounts in the general trust funds of the Institution for such purpose shall not be construed as Federal debt service for, a Federal guarantee of, a transfer of risk to, or an obligation of the Federal Government: Provided further, That no appropriated funds may be used directly to service debt which is incurred to finance the costs of acquiring a portion of the building at 600 Maryland Avenue, SW, Washington, DC, or of planning, designing, and constructing improvements to such building: Provided further, That any agreement entered into by the Smithsonian Institution for the sale of its ownership interest, or any portion thereof, in such building so acquired may not take effect until the expiration of a 30 day period which begins on the date on which the Secretary of the Smithsonian submits to the Committees on Appropriations of the House of Representatives and Senate, the Committees on House Administration and Transportation and Infrastructure of the House of Representatives, and the Committee on Rules and Administration of the Senate a report, as outlined in the explanatory statement described in section 4 of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2536) on the intended sale. facilities capital For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), and for construction, including necessary personnel, $152,000,000, to remain available until expended, of which not to exceed $10,000 shall be for services as authorized by 5 U.S.C. 3109. National Gallery Of Art salaries and expenses For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, 76th Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901–5902); purchase or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and purchase of services for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $185,000,000, to remain available until September 30, 2027, of which not to exceed $3,893,000 for the special exhibition program shall remain available until expended. repair, restoration and renovation of buildings For necessary expenses of repair, restoration, and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, for operating lease agreements of no more than 10 years, that address space needs created by the ongoing renovations in the Master Facilities Plan, as authorized, $19,000,000, to remain available until expended: Provided, That funds made available in prior Acts under this heading for the design and construction of an off-site art storage facility in partnership with the Smithsonian Institution may be used for the repair, restoration, and renovation of other National Gallery of Art buildings, grounds, and facilities: Provided further, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. John F. Kennedy Center For The Performing Arts operations and maintenance For necessary expenses for the operation, maintenance, and security of the John F. Kennedy Center for the Performing Arts, including rent of temporary office space in the District of Columbia during renovations of such Center, $32,340,000, to remain available until September 30, 2027. capital repair and restoration For necessary expenses for capital repair and restoration of the existing features of the building and site of the John F. Kennedy Center for the Performing Arts, $4,860,000, to remain available until expended. Woodrow Wilson International Center For Scholars salaries and expenses For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109, $5,000,000, to remain available until September 30, 2027. National Foundation On The Arts And The Humanities National Endowment For The Arts grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $207,000,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts, including arts education and public outreach activities, through assistance to organizations and individuals pursuant to section 5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended. National Endowment For The Humanities grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $207,000,000, to remain available until expended, of which $192,000,000 shall be available for support of activities in the humanities, pursuant to section 7(c) of the Act and for administering the functions of the Act; and $15,000,000 shall be available to carry out the matching grants program pursuant to section 10(a)(2) of the Act, including $13,000,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, devises of money, and other property accepted by the chairman or by grantees of the National Endowment for the Humanities under the provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated. Administrative Provisions None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided, That none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for official reception and representation expenses: Provided further, That funds from nonappropriated sources may be used as necessary for official reception and representation expenses: Provided further, That the Chairperson of the National Endowment for the Arts may approve grants of up to $10,000, if in the aggregate the amount of such grants does not exceed 5 percent of the sums appropriated for grantmaking purposes per year: Provided further, That such small grant actions are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the Chairperson. Commission Of Fine Arts salaries and expenses For expenses of the Commission of Fine Arts under chapter 91 of title 40, United States Code, $3,641,000: Provided, That the Commission is authorized to charge fees to cover the full costs of its publications, and such fees shall be credited to this account as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission is authorized to accept gifts, including objects, papers, artwork, drawings and artifacts, that pertain to the history and design of the Nation’s Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study, or education: Provided further, That one-tenth of 1 percent of the funds provided under this heading may be used for official reception and representation expenses. national capital arts and cultural affairs For necessary expenses as authorized by Public Law 99–190 (20 U.S.C. 956a), $5,000,000. Advisory Council On Historic Preservation salaries and expenses For necessary expenses of the Advisory Council on Historic Preservation (Public Law 89–665), $8,285,000. National Capital Planning Commission salaries and expenses For necessary expenses of the National Capital Planning Commission under chapter 87 of title 40, United States Code, including services as authorized by 5 U.S.C. 3109, $8,750,000: Provided, That one-quarter of 1 percent of the funds provided under this heading may be used for official reception and representational expenses associated with hosting international visitors engaged in the planning and physical development of world capitals. United States Holocaust Memorial Museum holocaust memorial museum For expenses of the Holocaust Memorial Museum, as authorized by Public Law 106–292 (36 U.S.C. 2301–2310), $65,231,000, to remain available until September 30, 2027, of which $1,000,000 shall remain available until September 30, 2028, for the Museum’s equipment replacement program; and of which $4,000,000 for the Museum’s repair and rehabilitation program and $1,264,000 for the Museum’s outreach initiatives program shall remain available until expended. United States Semiquincentennial Commission salaries and expenses For necessary expenses of the United States Semiquincentennial Commission to plan and coordinate observances and activities associated with the 250th anniversary of the founding of the United States, as authorized by Public Law 116–282, the technical amendments to Public Law 114–196, $15,000,000, to remain available until September 30, 2027. TITLE IV GENERAL PROVISIONS (including transfers of funds) restriction on use of funds Sec. 401. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913. obligation of appropriations Sec. 402. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. disclosure of administrative expenses Sec. 403. The amount and basis of estimated overhead charges, deductions, reserves, or holdbacks, including working capital fund charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for approval. mining applications Sec. 404. (a) Limitation of funds.—None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws. (b) Exceptions.—Subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were fully complied with by the applicant by that date. (c) Report.—On September 30, 2027, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 (Public Law 104–208). (d) Mineral examinations.—In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors. contract support costs, prior year limitation Sec. 405. Sections 405 and 406 of division F of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113–235) shall continue in effect in fiscal year 2026. contract support costs, fiscal year 2026 limitation Sec. 406. Amounts provided by this Act for fiscal year 2026 under the headings “Department of Health and Human Services, Indian Health Service, Contract Support Costs” and “Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Contract Support Costs” are the only amounts available for contract support costs arising out of self-determination or self-governance contracts, grants, compacts, or annual funding agreements for fiscal year 2026 with the Bureau of Indian Affairs, Bureau of Indian Education, and the Indian Health Service: Provided, That such amounts provided by this Act are not available for payment of claims for contract support costs for prior years, or for repayments of payments for settlements or judgments awarding contract support costs for prior years. forest management plans Sec. 407. The Secretary of Agriculture shall not be considered to be in violation of section 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis. prohibition within national monuments Sec. 408. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on January 20, 2001, except where such activities are allowed under the Presidential proclamation establishing such monument. limitation on takings Sec. 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the advance notification and approval of the House and Senate Committees on Appropriations: Provided, That this provision shall not apply to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes. prohibition on no-bid contracts Sec. 410. None of the funds appropriated or otherwise made available by this Act to executive branch agencies may be used to enter into any Federal contract unless such contract is entered into in accordance with the requirements of Chapter 33 of title 41, United States Code, or Chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless— (1) Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian tribes; (2) such contract is authorized by the Indian Self-Determination and Education Assistance Act (Public Law 93–638, 25 U.S.C. 5301 et seq.) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in section 4(e) of that Act (25 U.S.C. 5304(e)); or (3) such contract was awarded prior to the date of enactment of this Act. posting of reports Sec. 411. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. national endowment for the arts grant guidelines Sec. 412. Of the funds provided to the National Endowment for the Arts— (1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship. (2) The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services. (3) No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs or projects. national endowment for the arts program priorities Sec. 413. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations. (b) In this section: (1) The term “underserved population” means a population of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs due to factors such as a high incidence of income below the poverty line or to geographic isolation. (2) The term “poverty line” means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (c) In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts. (d) With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965— (1) the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States; (2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); (3) the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and (4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and education. status of balances of appropriations Sec. 414. The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity within 60 days of enactment of this Act. extension of grazing permits Sec. 415. The terms and conditions of section 325 of Public Law 108–108 (117 Stat. 1307), regarding grazing permits issued by the Forest Service on any lands not subject to administration under section 402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2026. funding prohibition Sec. 416. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. humane transfer and treatment of animals Sec. 417. (a) Notwithstanding any other provision of law, the Secretary of the Interior, with respect to land administered by the Bureau of Land Management, or the Secretary of Agriculture, with respect to land administered by the Forest Service (referred to in this section as the “Secretary concerned”), may transfer excess wild horses and burros that have been removed from land administered by the Secretary concerned to other Federal, State, and local government agencies for use as work animals. (b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency. (c) An excess wild horse or burro transferred under subsection (a) shall lose status as a wild free-roaming horse or burro (as defined in section 2 of Public Law 92–195 (commonly known as the “Wild Free-Roaming Horses and Burros Act”) (16 U.S.C. 1332)). (d) A Federal, State, or local government agency receiving an excess wild horse or burro pursuant to subsection (a) shall not— (1) destroy the horse or burro in a manner that results in the destruction of the horse or burro into a commercial product; (2) sell or otherwise transfer the horse or burro in a manner that results in the destruction of the horse or burro for processing into a commercial product; or (3) euthanize the horse or burro, except on the recommendation of a licensed veterinarian in a case of severe injury, illness, or advanced age. (e) Amounts appropriated by this Act shall not be available for— (1) the destruction of any healthy, unadopted, and wild horse or burro under the jurisdiction of the Secretary concerned (including a contractor); or (2) the sale of a wild horse or burro that results in the destruction of the wild horse or burro for processing into a commercial product. forest service facility realignment and enhancement authorization extension Sec. 418. Section 503(f) of Public Law 109–54 (16 U.S.C. 580d note) shall be applied by substituting “September 30, 2026” for “September 30, 2019”. use of american iron and steel Sec. 419. (a) (1) None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term “iron and steel” products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the “Administrator”) finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. local cooperator training agreements and transfers of excess equipment and supplies for wildfires Sec. 420. The Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. Notwithstanding section 121(c) of title 40, United States Code, or section 521 of title 40, United States Code, the Secretary is further authorized to transfer title to excess Department of the Interior firefighting equipment no longer needed to carry out the functions of the Department’s wildland fire management program to such organizations. reprogramming guidelines Sec. 421. None of the funds made available in this Act, in this and prior fiscal years, may be reprogrammed without the advance notification and approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). local contractors Sec. 422. Section 412 of division E of Public Law 112–74 shall be applied by substituting “fiscal year 2026” for “fiscal year 2019”. interpretive association authorization extension Sec. 423. Section 426 of division G of Public Law 113–76 (16 U.S.C. 565a–1 note) shall be applied by substituting “September 30, 2026” for “September 30, 2019”. forest botanical products fee collection authorization extension Sec. 424. Section 339 of the Department of the Interior and Related Agencies Appropriations Act, 2000 (as enacted into law by Public Law 106–113; 16 U.S.C. 528 note), as amended by section 335(6) of Public Law 108–108 and section 432 of Public Law 113–76, shall be applied by substituting “fiscal year 2026” for “fiscal year 2019”. chaco canyon Sec. 425. None of the funds made available by this Act may be used to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et seq., or to offer for oil and gas leasing, any Federal lands within the withdrawal area identified on the map of the Chaco Culture National Historical Park prepared by the Bureau of Land Management and dated April 2, 2019, prior to the completion of the cultural resources investigation identified in the explanatory statement described in section 4 in the matter preceding Title I of the Consolidated Appropriations Act, 2021 (Public Law 116–260). tribal leases Sec. 426. (a) Notwithstanding any other provision of law, in the case of any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)), the initial lease term shall commence no earlier than the date of receipt of the lease proposal. (b) The Secretaries of the Interior and Health and Human Services shall, jointly or separately, during fiscal year 2026 consult with tribes and tribal organizations through public solicitation and other means regarding the requirements for leases under section 105(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5324(l)) on how to implement a consistent and transparent process for the payment of such leases. forest ecosystem health and recovery fund Sec. 427. The authority provided under the heading “Forest Ecosystem Health and Recovery Fund” in title I of Public Law 111–88, as amended by section 117 of division F of Public Law 113–235, shall be applied by substituting “fiscal year 2026” for “fiscal year 2020” each place it appears. allocation of projects, land and water conservation fund Sec. 428. (a) (1) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2026 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, for the projects specified under the accounts titled “Land Acquisition Projects” and “Forest Legacy Projects” in the Forest Service, and in the amounts specified in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That the matter preceding this proviso shall not apply to amounts in any account titled “Land Acquisition Projects” in the Bureau of Land Management, United States Fish and Wildlife Service, or National Park Service in such table. (2) (A) Within 30 days of enactment of this Act, the Secretary of the Interior shall provide to the House and Senate Committees on Appropriations project lists with project data sheets as described in subsection (c)(4), which shall include a sufficient number of projects to total the amounts for the account titled “Land Acquisition Projects” for each of the Bureau of Land Management, United States Fish and Wildlife Service, and National Park Service, as specified in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That on the date on which the Secretary of the Interior provides to the Committees on Appropriations such project lists with such project data sheets, the Secretary of the Interior shall provide to the Committees on Appropriations lists of supplementary allocations for Federal land acquisition projects for each of the Bureau of Land Management, United States Fish and Wildlife Service, and National Park Service that are prioritized and detailed by account, program, and project, and that total no less than half the full amount allocated to each such account for that land management Agency in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided further, That expenditure of funds under this paragraph is a reprogramming and shall be subject to section 421 of this Act. (B) Within 45 days of the date on which a reprogramming is approved pursuant to the last proviso in subparagraph (A), the Secretary of the Interior shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2026 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the account titled “Land Acquisition Projects” for each of the Bureau of Land Management, United States Fish and Wildlife Service, and National Park Service, as applicable, in the amounts specified in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) and for the projects included in the project lists approved by the Committees on Appropriations in accordance with subparagraph (A). (3) If any portion of a project specified under the accounts titled “Land Acquisition Projects” and “Forest Legacy Projects” in the Forest Service in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) or for the projects included in the project lists approved by the Committees on Appropriations in accordance with subsection (a)(2)(A) is intended to be carried out within the Federal land unit or project boundary as specified in such table (or any prior allocation table incorporated by reference into a prior Act, as applicable) or project list but outside the specific tracts for the project described in the corresponding project data sheet submitted to the Committees on Appropriations required by section 200303(c)(1) of title 54, United States Code, or paragraph (2), not later than 30 days before the date on which the Secretary of the Interior or the Secretary of Agriculture expends amounts on the project, the Secretary of the Interior or the Secretary of Agriculture, as appropriate, shall provide written notice to the House and Senate Committees on Appropriations of such expenditure. (b) Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection (a) of section 200303 of title 54, United States Code, other than in amounts and for projects and activities that are allocated by subsection (a)(1) or in accordance with subsection (a)(2) of this section: Provided, That in any fiscal year, the matter preceding this proviso shall not apply to the allocation of amounts for continuing administration of programs allocated funds from the Land and Water Conservation Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsections (a)(1) and (a)(2) of this section. (c) (1) Concurrent with the annual budget submission of the President for fiscal year 2027, the Secretary of Agriculture shall submit to the Committees on Appropriations a list of supplementary allocations for Federal land acquisition and Forest Legacy Projects at the Forest Service that are in addition to the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, that are prioritized and detailed by account, program, and project, and that total no less than half the full amount allocated to each such account for the Forest Service under the allocations submitted under section 200303(c)(1) of title 54, United States Code: Provided, That in the event amounts allocated by this Act or any prior Act pursuant to subsection (a) of section 200303 of title 54, United States Code, are no longer needed because a project has been completed or can no longer be executed, such amounts must be clearly identified if proposed for reallocation in the annual budget submission. (2) Concurrent with the annual budget submission of the President for fiscal year 2027, the Secretary of the Interior shall submit to the Committees on Appropriations a list of supplementary allocations for Federal land acquisition projects at the National Park Service, the United States Fish and Wildlife Service, and the Bureau of Land Management that are in addition to the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, that are prioritized and detailed by account, program, and project, and that total the full amount allocated to each such account for that land management Agency in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2026” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act): Provided, That in the event amounts allocated by this Act or any prior Act pursuant to subsection (a) of section 200303 of title 54, United States Code, are no longer needed because a project has been completed or can no longer be executed, such amounts must be clearly identified if proposed for reallocation in the annual budget submission. (3) The Federal land acquisition and Forest Legacy projects in the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, in the project lists provided under subsection (a)(2), in the list of supplementary allocations provided under subsection (a)(2), and on the lists of supplementary allocations required by paragraphs (1) and (2) shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated. (4) Concurrent with the annual budget submission of the President for fiscal year 2027, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations project data sheets in the same format and containing the same level of detailed information that is found on such sheets in the Budget Justifications annually submitted by the Secretary of the Interior with the President’s Budget for the projects in the “Submission of Cost Estimates” required by section 200303(c)(1) of title 54, United States Code, and in the same format and containing the same level of detailed information that is found on such sheets submitted to the Committees on Appropriations pursuant to section 427 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) for the list of supplementary allocations required by paragraphs (1) and (2). (5) The Secretary of the Interior and the Secretary of Agriculture shall provide to the Committees on Appropriations quarterly reports on the status of balances of projects and activities funded by the National Parks and Public Land Legacy Restoration Fund and the Land and Water Conservation Fund, and the status of balances of projects and activities funded by the Land and Water Conservation Fund for amounts allocated pursuant to subsection (a)(2) of this section, including all uncommitted, committed, and unobligated funds. (d) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2025 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, for the projects specified, under the accounts specified, and in the amounts specified in the table titled “Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2025 Revisions” in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act). (e) (1) Within 30 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall provide to the House and Senate Committees on Appropriations project lists with project data sheets, which shall include a sufficient number of projects to total the amounts for the account titled “National Parks and Public Land Legacy Restoration Fund” for each of the Bureau of Land Management, United States Fish and Wildlife Service, National Park Service, Bureau of Indian Education, and U.S. Forest Service: Provided, That expenditure of funds under this paragraph is a reprogramming and shall be subject to section 421 of this Act. (2) Within 45 days of the date on which a reprogramming is approved pursuant to the last proviso in subparagraph (1), the Secretary of the Interior and the Secretary of Agriculture shall allocate amounts made available for expenditure from the National Parks and Public Land Legacy Restoration Fund for fiscal year 2026 pursuant to subsection (c) of 200402 of title 54, United States Code, to the account titled “National Parks and Public Land Legacy Restoration Fund” for each of the Bureau of Land Management, United States Fish and Wildlife Service, National Park Service, Bureau of Indian Education, and U.S. Forest Service as applicable, in the amounts specified and for the projects included in the project lists approved by the Committees on Appropriations in accordance with subparagraph (1). policies relating to biomass energy Sec. 429. To support the key role that forests in the United States can play in addressing the energy needs of the United States, the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency shall, consistent with their missions, jointly— (1) ensure that Federal policy relating to forest bioenergy— (A) is consistent across all Federal departments and agencies; and (B) recognizes the full benefits of the use of forest biomass for energy, conservation, and responsible forest management; and (2) establish clear and simple policies for the use of forest biomass as an energy solution, including policies that— (A) reflect the carbon neutrality of forest bioenergy and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use; (B) encourage private investment throughout the forest biomass supply chain, including in— (i) working forests; (ii) harvesting operations; (iii) forest improvement operations; (iv) forest bioenergy production; (v) wood products manufacturing; or (vi) paper manufacturing; (C) encourage forest management to improve forest health; and (D) recognize State initiatives to produce and use forest biomass. small remote incinerators Sec. 430. None of the funds made available in this Act may be used to implement or enforce the regulation issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect to units in the State of Alaska that are defined as “small, remote incinerator” units in those regulations and, until a subsequent regulation is issued, the Administrator shall implement the law and regulations in effect prior to such date. timber sale requirements Sec. 431. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service’s appraisal process) when appraised using a residual value appraisal. The western red cedar timber from those sales which is surplus to the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder. transfer authority to federal highway administration for the national parks and public land legacy restoration fund Sec. 432. Funds made available or allocated in this Act to the Department of the Interior or the Department of Agriculture that are subject to the allocations and limitations in 54 U.S.C. 200402(e) and prohibitions in 54 U.S.C. 200402(f) may be further allocated or reallocated to the Federal Highway Administration for transportation projects of the covered agencies defined in 54 U.S.C. 200401(2). prohibition on use of funds Sec. 433. Notwithstanding any other provision of law, none of the funds made available in this Act or any other Act may be used to promulgate or implement any regulation requiring the issuance of permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production. greenhouse gas reporting restrictions Sec. 434. Notwithstanding any other provision of law, none of the funds made available in this or any other Act may be used to implement any provision in a rule, if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. funding prohibition Sec. 435. None of the funds made available by this or any other Act may be used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law. firefighter pay cap Sec. 436. (a) Section 1701 of Title II of the Extending Government Funding and Delivering Emergency Assistance Act (5 U.S.C. 5547 note), as amended by Public Law 117–103, is further amended in subsection (a)(1), by striking the last sentence and inserting “Any Services during a given calendar year that generate payments payable in the subsequent calendar year shall be disregarded in applying this subsection”. (b) The waivers of premium and overtime pay authorized in subsections (a) through (c) of section 1701 of Title II of the Extending Government Funding and Delivering Emergency Assistance Act (5 U.S.C. 5547 note), as amended by Public Law 117–103, shall be applied in fiscal year 2026. alaska native regional health entities authorization extension Sec. 437. Section 424(a) of title IV of division G of the Consolidated Appropriations Act, 2014 (Public Law 113–76) shall be applied by substituting “October 1, 2026” for “December 24, 2022”. lava ridge wind project Sec. 438. (a) None of the funds made available by this Act may be obligated or expended for the purpose of granting, issuing, or renewing a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) for the Lava Ridge Wind Project, unless or until the Secretary of the Interior, acting through the Bureau of Land Management, has analyzed, in consultation with local elected officials and stakeholders, action alternatives designed to reduce impacts to wildlife, cultural resources, transportation, hunting, wetlands and the connected surface and ground waters. The Secretary shall complete such consultations, and seek feedback regarding action alternatives, not later than September 30, 2026, and no funds made available in this Act shall be used for granting, issuing, or renewing a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) for the Lava Ridge Wind Project while such consultations and efforts are ongoing. (b) Prior to granting, issuing, or renewing a right-of-way under section 501 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761) for the Lava Ridge Wind Project, the Secretary shall periodically report to the House and Senate Committees on Appropriations on the status of consultations required under subsection (a) and, once such consultations are complete, provide a briefing to the Committees on the action alternatives and the feedback of local elected officials and stakeholders. wildfire suppression funding and forest management act Sec. 439. Section 104 of the Wildfire Suppression Funding and Forest Management Activities Act (division O of Public Law 115–141) is amended— (1) in subsection (a), by striking “90” and inserting “180”; and (2) in paragraph (4) of subsection (b), by inserting the following before the semi-colon: “, and shall include an accounting of any spending in the first two quarters of the succeeding fiscal year that is attributable to suppression operations in the fiscal year for which the report was prepared”. five year construction plan Sec. 440. The Department of the Interior and the Forest Service are directed to maintain updated 5-year deferred maintenance plans that, to the extent practicable, include a list of all outstanding deferred maintenance needs, and to provide them to the Committee on a quarterly basis. quarterly disaster estimates Sec. 441. The Department of the Interior, the United States Forest Service, and the Environmental Protection agency shall provide quarterly estimates to the Committees on Appropriations of the House of Representatives and the Senate within 30 days of a quarter closing detailing the costs to repair, restore, or otherwise remediate damages to Federal lands and infrastructure caused by disasters and, for the Environmental Protection Agency, the costs to repair and improve the resiliency of drinking water and wastewater infrastructure damaged in states, territories, and on tribal lands. american women’s history museum and national museum of the american latino Sec. 442. None of the funds made available by this or any other Act may be used to close, halt development of, merge with or transfer to another function or program, reduce funding, or otherwise diminish the operations of the Smithsonian American Women’s History Museum or the National Museum of the American Latino established by Public Law 116–260 on December 27, 2020. program funding incorporated by reference Sec. 443. Amounts provided in this Act shall be allocated in the amounts specified for the programs, projects and activities specified in the tables in the explanatory statement described in section 4 (in the matter preceding Title I of this consolidated Act) titled: (1) Program Funding for Management of Lands and Resources; (2) Program Funding for Resource Management; (3) Program Funding for Operation of the National Park System; (4) Program Funding for National Recreation and Preservation; (5) Program Funding for National Heritage Areas; (6) Program Funding for Surveys, Investigations, and Research; (7) Program Funding for Operation of Indian Programs; (8) Program Funding for Science and Technology Programs; (9) Program Funding for Environmental Programs and Management; (10) Program Funding for National Estuary Program; (11) Program Funding for Forest and Rangeland Research; (12) Program Funding for State, Private, and Tribal Forestry; and (13) Program Funding for National Forest System. repurposing Sec. 444. (a) Of the amounts made available under the heading “Department of the Interior—Departmental Offices—Department-Wide Programs—Wildland Fire Management”, $763,514,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58) as follows: (1) $125,000,000 from the unobligated balances under the heading “Environmental Protection Agency—State and Tribal Assistance Grants” from amounts that will become available for fiscal year 2026 in paragraph (3); (2) $353,514,000 from the unobligated balances under the heading “Department of the Interior—Office of Surface Mining Reclamation and Enforcement—Abandoned Mine Reclamation Fund”; (3) $285,000,000 from the unobligated balances under the heading “Department of the Interior—Methane Reduction Infrastructure”: Provided, That amounts derived by transfer pursuant to this subsection shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5: Provided further, That amounts derived by transfer pursuant to this subsection shall not be available for wildfire suppression operations. (b) Of the amounts made available under the heading “Department of the Interior—Departmental Offices—Office of Inspector General”, $65,000,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58), including amounts that will become available for fiscal year 2026, that have been or will be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in title VI of division J of that Act: Provided, That amounts derived by transfer pursuant to this subsection shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. (c) Of the amounts made available under the heading “Department of Agriculture—Forest Service—Forest Service Operations”, $146,486,000 shall be derived by transfer from the unobligated balances of amounts previously appropriated under the heading “Department of the Interior—Office of Surface Mining Reclamation and Enforcement—Abandoned Mine Reclamation Fund” in division J of the Infrastructure Investment and Jobs Act (Public Law 117–58): Provided, That amounts derived by transfer pursuant to this subsection shall continue to be treated as amounts specified in section 103(b) of Title I of Public Law 118–5. bureau of land management actions regarding grazing on public lands Sec. 445. Paragraph (1) of section 122(a) of division E of Public Law 112–74 (125 Stat. 1013) is amended by striking “through 2024.” in the first sentence and inserting “through 2027,”. technical corrections Sec. 446. The contents in the “Senate” sub column of the “Requestor(s)” column in the table titled “Community Project Funding/Congressional Directed Spending” under the heading “Disclosure of Earmarks and Congressionally Directed Spending Items” in the explanatory statement for the Agriculture, Rural Development, Food and Drug Administration, and Related Agency Appropriations Act, 2026 (Title II of Public Law 119–37) described in section 4 in the matter preceding Title I of such Act are deemed to be amended— (1) by inserting “Schiff” for the project identified as the “Forest and Watershed Management Plan” for the recipient “McKinleyville Community Services District”; (2) by inserting “Schatz” for the project identified as “Facility Improvements and Purchase of Equipment” for the recipient “The Queens Health System”; and (3) by inserting “Cantwell” for the project identified as the “Chewelah Expansion and Regional Workforce Development Center” for the recipient “NEW Health Programs Association”. This division may be cited as the “Appropriations for Continuing Government during Fiscal Year 2026”. DIVISION F—Farmers First Farm Bill of 2026 Section 1. Short title. This division may be cited as the "Farmers First Farm Bill of 2026". Sec. 2. Findings. Congress has come to the following conclusions through its discussions ahead of the routine passage of a bill to support American agriculture: (a) Farmers are going bankrupt at an unsettling rate. (b) Farmers are committing suicide at startling rates which constitute a national tragedy. (c) Farmers' standards of living have declined drastically, and many are now dependent on creditors to survive. (d) Big businesses and foreign states are rapidly buying US farmlands as US farmers either bankrupt or commit suicide in the face of their hardships. (e) Obesity is a severe and rapidly worsening problem both in American cities and in rural areas, suggesting that overnutrition is a major health problem. (f) Farmers do not want handouts, but simply a gainful employment by which they can make an honest living doing that which their families have done for generations. (g) Amid rapid technological and social changes, many people have become substantially more isolated and lonely socially, and rural Americans who have always suffered from loneliness due to their distance from major population centers have been some of the worst affected by these rapid changes. Sec. 3. Table of contents. Sec. 1. Short title. Sec. 2. Findings. Sec. 3. Table of contents. TITLE I—Reauthorization of USDA Programs. Subtitle A—Crop insurance. Sec. 101. . TITLE II—Education for Rural Americans. Sec. 202. TITLE III—Regulatory Relief for Rural Americans. Sec. 301. Requiring updates to lists of endangered species. (a) In general.—The Secretary of the Interior shall be required to remove from lists of endangered or threatened species all species that have neither been endangered nor threatened for a period of 10 years or more within 1 year of fulfilling such criterion. (b) Legal defense.—Any prosecution based on violation of the Endangered Species Act relating to a species which the Secretary failed to remove pursuant to subsection (a) shall be null and void. (c) Effective date.—The Secretary of the Interior shall publish a list of species to remove from lists of endangered or threatened species within 90 days, shall issue any revised list within 180 days, and shall issue a final rule within 270 days. (d) Judicial review.—No lawsuit claiming that any species which was not classified as a species or classified as endangered or threatened by any serious private conservation society or by any international conservation organization of which the United states is a member within the preceding 10 years was unnecessarily included in a list of species for removal from lists of endangered or threatened species shall have standing in any court. Sec. 302. Exceptions to Endangered Species Act. (a) In general.—A new subsection (k) is added at the end of section 10 of the Endangered Species Act of 1973 as follows— "Unplanned emergency takings.—This chapter shall not prohibit the taking of any endangered species or threatened species in a situation of urgent need for self-defense or defense of domestic animals, provided that such animals are actively trespassing on private property at the time of such taking; however, any commercial exploitation of such taking shall be prohibited, and any corpse of such animal shall be transferred to the Department of the Interior to report such unplanned emergency taking." (b) Effective date.—The amendment made by subsection (a) shall take effect upon the issuance of rules by the Secretary of the Interior within 360 days of the enactment of this Act. Sec. 303. TITLE IV—Debt Relief for Family Farmers. Sec. 401. DIVISION G — BUSTY ACT OF 2026 Backboob Upliftment and Silhouette Traditionalization Yield Act of 2026 TITLE I—FINDINGS AND PURPOSE SECTION 1. Short title. This division may be cited as the “Backboob Upliftment and Silhouette Traditionalization Yield Act of 2026” or the “BUSTY Act of 2026”. (possibly to be renamed Backboob Act) Sec. 2. Table of contents. The table of contents of this Act is as follows— Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Severability. Sec. 4. Effective date. Sec. 5. Findings. Sec. 6. Purpose. Sec. 3. Severability. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby. Sec. 4. Effective date. Unless otherwise stated, the provisions of this Act shall enter into effect following appropriate regulations issued by the Secretary of Health and Human Services (or any other person designated by the President) or within 60 days. Sec. 5. Findings. Congress finds that— (1) true American strength has curves; (2) true American health has volume; (3) liberty has hips and freedom has bounce; (4) backboob is more than aesthetics—it is American engineering: strong backs, soft power, and the backbone of national beauty; (5) the Backboob Generation—toned, thicc, naturally voluptuous, militantly confident, and built by policy—represents the next stage of American greatness; (6) confidence is patriotic and beautiful in itself; (7) the beautification of America is of the utmost importance for national prosperity, happiness, and wellbeing; (8) the deliberate cultural, chemical, and ideological suppression of feminine volume since the 1970s constitutes an act of demographic and aesthetic sabotage against the United States; and (9) the People demand that government act decisively to restore what nature intended and policy can perfect. SEC. 6. Purpose. The purpose of this division is to fuel the Backboob Generation through tax policy, trust-fund financing, research acceleration, and body-positive legal reform for strong backs, soft silhouettes, and supreme confidence. TITLE II—REVENUE PROVISIONS FOR VOLUMINOUSNESS Sec. 101. BACKBOOB GENERATION CREDIT. (a) In General.—Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36E the following new section: “SEC. 36F. BACKBOOB GENERATION CREDIT. (a) Allowance of Credit.—There shall be allowed as a credit against the tax imposed by this subtitle A an amount equal to $7,000 ($10,000 if the taxpayer certifies active lactation for at least 180 days during the taxable year). (b) Qualified Taxpayer.—A qualified taxpayer is defined as a female taxpayer aged 18–45 who maintains cup size G or larger (prior to any breast augmentation) while maintaining either a body mass index of less than 25 or a body fat percentage of less than 20%, whose qualifications under this section have been verified by a certified physician under penalty of perjury. (c) Pregnancy Bonus.—The credit established under this section shall be increased by additional $5,000 per live birth during the taxable year, which shall be doubled if a physician certifies post-partum improvement by three inches bust-over-underbust as a result of such pregnancy, provided that a single pregnancy shall only be usable to claim such bonus during a single taxable year. (d) Means-test.—The credit established under this section shall be reduced by $600 for each $1,000 modified adjust gross income in excess of $400,000. (e) Funding.—Monies for the Backboob Generation Credit shall be derived from the Backboob Generation Trust Fund.” (b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after section 36E the following new item: “36F. BACKBOOB GENERATION CREDIT.”. (a) Sec. 102. TAX ON DEFICIENT FEMININE PHYSIQUES.—Chapter 43 of such Code is amended by adding at the end the following new section: “SEC. 4980L. TAX ON DEFICIENT FEMININE PHYSIQUES. (a) Imposition.—There is hereby imposed on each female taxpayer who has not obtained verification from a certified physician that her bust measurement exceeds her underbust measurement by a minimum of three inches and that her body fat percentage is below 20% or that her body mass index is below 25 a tax in the amount of 5% of taxable income. Such tax shall be in addition to any other tax imposed by any law including this Code. (b) Deposit.—All proceeds deposited into the Backboob Generation Trust Fund.” (b) Clerical amendments.—The table of sections at the beginning of such chapter is amended by inserting at the end the following new item: “4980L. BACKBOOB GENERATION CREDIT.”. TITLE III—BACKBOOB GENERATION TRUST FUND AND PROGRAMS SEC. 201. BACKBOOB GENERATION TRUST FUND. There is hereby established the Backboob Generation Trust Fund to ensure that the aesthetics of American femininity develop in a favorable direction by investing in firms which advance the American feminine aesthetic and beauty and bolster the confidence of American women, from the funds collected through the Deficient Feminine Physique tax established by section 4980L of the Internal Revenue Code of 1986. SEC. 202. NATIONAL LACTATION AND GROWTH PROTOCOL INITIATIVE. (a) Within the Department of Health and Human Services, a program on breast and buttock nutritional improvement shall be established in order to provide for improvement in the bust and buttock measurements of female Americans aged 18-40. (b) Through the Backboob Generation Trust Fund, a $5,000 per year “Milk Maiden Bounty” for women who pump/donate ≥ 1,000 ounces verified milk shall be established. SEC. 203. PRIORITY RESEARCH FOR NATURAL HYPERTROPHY. $1.2 billion annually to NIH for crash programs developing skin-applied formulas that trigger both extreme breast growth and spontaneous lactation in nulliparous women. Bonus funding multipliers if compounds produce visible backboob and ≥ 2,000 cc per breast. SEC. 204. PHYSICAL EDUCATION REFORM – “ONLY THE MELONS SHOULD BE FAT” DOCTRINE. Any school receiving Federal funds shall certify that its female physical-education curriculum explicitly teaches: (1) obesity is a public health problem; (2) adipose tissue is patriotically allocated to mammary development and to superior thighs and buttocks, rather than generalized obesity around the stomach, arms, and other areas where fat is unhealthy; (3) lower-body hypertrophy is preferably achieved via physical exercise rather than obesity. Entities not compliant with this section shall be penalized with a 20% reduction in Federal education funding. SEC. 205. MISS BACKBOOB AMERICA NATIONAL CHAMPIONSHIP. From among the monies of the Backboob Generation Trust Fund, $75,000,000 shall be authorized annually for a competition for the greatest backboob in America. Women who have macromastia and steatopygia shall also participate in pageants funded by such Trust Fund.