Text of US HB 1 (2025)
FEHB Protection Act of 2025
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IB
Union Calendar No. 78
119TH CONGRESS
1ST SESSION
H. R. 1
[Report No. 119–106]
To provide for reconciliation pursuant to title II of H. Con. Res. 14.
IN THE HOUSE OF REPRESENTATIVES
MAY 20, 2025
Mr. ARRINGTON, from the Committee on the Budget, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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A BILL
To provide for reconciliation pursuant to title II of H. Con.
Res. 14.
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Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘One Big Beautiful Bill
4
Act’’.
5
SEC. 2. TABLE OF CONTENTS.
6
The table of contents for this Act is as follows:
7
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—COMMITTEE ON AGRICULTURE
Subtitle A—Nutrition
Sec. 10001. Thrifty food plan.
Sec. 10002. Able bodied adults without dependents work requirements.
Sec. 10003. Able bodied adults without dependents waivers.
Sec. 10004. Availability of standard utility allowances based on receipt of en-
ergy assistance.
Sec. 10005. Restrictions on internet expenses.
Sec. 10006. Matching funds requirements.
Sec. 10007.
Administrative cost sharing.
Sec. 10008. General work requirement age.
Sec. 10009. National Accuracy Clearinghouse.
Sec. 10010. Quality control zero tolerance.
Sec. 10011. National education and obesity prevention grant program repealer.
Sec. 10012. Alien SNAP eligibility.
Sec. 10012. Emergency food assistance.
Subtitle B—Investment in Rural America
Sec. 10101. Safety net.
Sec. 10102. Conservation.
Sec. 10103. Trade.
Sec. 10104. Research.
Sec. 10105. Secure rural schools; forestry.
Sec. 10106. Energy.
Sec. 10107. Horticulture.
Sec. 10108. Miscellaneous.
TITLE II—COMMITTEE ON ARMED SERVICES
Sec. 20001. Enhancement of Department of Defense resources for improving
the quality of life for military personnel.
Sec. 20002. Enhancement of Department of Defense resources for shipbuilding.
Sec. 20003. Enhancement of Department of Defense resources for integrated
air and missile defense.
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Sec. 20004. Enhancement of Department of Defense resources for munitions
and defense supply chain resiliency.
Sec. 20005. Enhancement of Department of Defense resources for scaling low-
cost weapons into production.
Sec. 20006. Enhancement of Department of Defense resources for improving
the efficiency and cybersecurity of the Department of Defense.
Sec. 20007. Enhancement of Department of Defense resources for air superi-
ority.
Sec. 20008. Enhancement of resources for nuclear forces.
Sec. 20009. Enhancement of Department of Defense resources to improve ca-
pabilities of United States Indo-Pacific Command.
Sec. 20010. Enhancement of Department of Defense resources for improving
the readiness of the Armed Forces.
Sec. 20011. Improving Department of Defense border support and counter-
drug missions.
Sec. 20012. Enhancement of military intelligence programs.
Sec. 20013. Department of Defense oversight.
Sec. 20014. Military construction projects authorized.
Sec. 20015. Plan required.
Sec. 20016. Limitation on availability of funds.
TITLE III—COMMITTEE ON EDUCATION AND WORKFORCE
Subtitle A—Student Eligibility
Sec. 30001. Student eligibility.
Sec. 30002. Amount of need; cost of attendance; median cost of college.
Subtitle B—Loan Limits
Sec. 30011. Loan Limits.
Subtitle C—Loan Repayment
Sec. 30021. Loan repayment.
Sec. 30022. Deferment; forbearance.
Sec. 30023. Loan rehabilitation.
Sec. 30024. Public Service Loan Forgiveness.
Sec. 30025. Student loan servicing.
Subtitle D—Pell Grants
Sec. 30031. Eligibility.
Sec. 30032. Workforce pell grants.
Sec. 30033. Pell shortfall.
Subtitle E—Accountability
Sec. 30041. Agreements with institutions.
Sec. 30042. Campus-based aid programs.
Subtitle F—Regulatory Relief
Sec. 30051. Regulatory relief.
Subtitle G—Limitation on Authority
Sec. 30061. Limitation on authority of the Secretary to propose or issue regula-
tions and executive actions.
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TITLE IV—ENERGY AND COMMERCE
Subtitle A—Energy
Sec. 41001. Rescissions relating to certain Inflation Reduction Act programs.
Sec. 41002. FERC certificates and fees for certain energy infrastructure at
international boundaries of the United States.
Sec. 41003. Natural gas exports and imports.
Sec. 41004. Funding for Department of Energy loan guarantee expenses.
Sec. 41005. Expedited permitting.
Sec. 41006. Carbon dioxide, hydrogen, and petroleum pipeline permitting.
Sec. 41007. De-risking Compensation Program.
Sec. 41008. Strategic Petroleum Reserve.
Sec. 41009. Rescissions of previously appropriated unobligated funds.
Subtitle B—Environment
PART 1—REPEALS AND RESCISSIONS
Sec. 42101. Repeal and rescission relating to clean heavy-duty vehicles.
Sec. 42102. Repeal and rescission relating to grants to reduce air pollution at
ports.
Sec. 42103. Repeal and rescission relating to Greenhouse Gas Reduction Fund.
Sec. 42104. Repeal and rescission relating to diesel emissions reductions.
Sec. 42105. Repeal and rescission relating to funding to address air pollution.
Sec. 42106. Repeal and rescission relating to funding to address air pollution
at schools.
Sec. 42107. Repeal and rescission relating to low emissions electricity program.
Sec. 42108. Repeal and rescission relating to funding for section 211(o) of the
Clean Air Act.
Sec. 42109. Repeal and rescission relating to funding for implementation of the
American Innovation and Manufacturing Act.
Sec. 42110. Repeal and rescission relating to funding for enforcement tech-
nology and public information.
Sec. 42111. Repeal and rescission relating to greenhouse gas corporate report-
ing.
Sec. 42112. Repeal and rescission relating to environmental product declaration
assistance.
Sec. 42113. Repeal of funding for methane emissions and waste reduction in-
centive program for petroleum and natural gas systems.
Sec. 42114. Repeal and rescission relating to greenhouse gas air pollution plans
and implementation grants.
Sec. 42115. Repeal and rescission relating to Environmental Protection Agency
efficient, accurate, and timely reviews.
Sec. 42116. Repeal and rescission relating to low-embodied carbon labeling for
construction materials.
Sec. 42117. Repeal and rescission relating to environmental and climate justice
block grants.
PART 2—REPEAL OF EPA RULE RELATING TO MULTI-POLLUTANT
EMISSIONS STANDARDS
Sec. 42201. Repeal of EPA rule relating to multi-pollutant emissions standards
for light- and medium-duty vehicles.
PART 3—REPEAL OF NHTSA RULE RELATING TO CAFE STANDARDS
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Sec. 42301. Repeal of NHTSA rule relating to CAFE standards for passenger
cars and light trucks.
Subtitle C—Communications
PART 1—SPECTRUM AUCTIONS
Sec. 43101. Identification and auction of spectrum.
PART 2—ARTIFICIAL INTELLIGENCE AND INFORMATION TECHNOLOGY
MODERNIZATION
Sec. 43201. Artificial intelligence and information technology modernization ini-
tiative.
Subtitle D—Health
PART 1—MEDICAID
SUBPART A—REDUCING FRAUD AND IMPROVING ENROLLMENT PROCESSES
Sec. 44101. Moratorium on implementation of rule relating to eligibility and
enrollment in Medicare Savings Programs.
Sec. 44102. Moratorium on implementation of rule relating to eligibility and
enrollment for Medicaid, CHIP, and the Basic Health Pro-
gram.
Sec. 44103. Ensuring appropriate address verification under the Medicaid and
CHIP programs.
Sec. 44104. Modifying certain State requirements for ensuring deceased indi-
viduals do not remain enrolled.
Sec. 44105. Medicaid provider screening requirements.
Sec. 44106. Additional Medicaid provider screening requirements.
Sec. 44107. Removing good faith waiver for payment reduction related to cer-
tain erroneous excess payments under Medicaid.
Sec. 44108. Increasing frequency of eligibility redeterminations for certain indi-
viduals.
Sec. 44109. Revising home equity limit for determining eligibility for long-term
care services under the Medicaid program.
Sec. 44110. Prohibiting Federal financial participation under Medicaid and
CHIP for individuals without verified citizenship, nationality,
or satisfactory immigration status.
Sec. 44111. Reducing expansion FMAP for certain States providing payments
for health care furnished to certain individuals.
SUBPART B—PREVENTING WASTEFUL SPENDING
Sec. 44121. Moratorium on implementation of rule relating to staffing stand-
ards for long-term care facilities under the Medicare and Med-
icaid programs.
Sec. 44122. Modifying retroactive coverage under the Medicaid and CHIP pro-
grams.
Sec. 44123. Ensuring accurate payments to pharmacies under Medicaid.
Sec. 44124. Preventing the use of abusive spread pricing in Medicaid.
Sec. 44125. Prohibiting Federal Medicaid and CHIP funding for gender transi-
tion procedures for minors.
Sec. 44126. Federal payments to prohibited entities.
SUBPART C—STOPPING ABUSIVE FINANCING PRACTICES
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Sec. 44131. Sunsetting eligibility for increased FMAP for new expansion
States.
Sec. 44132. Moratorium on new or increased provider taxes.
Sec. 44133. Revising the payment limit for certain State directed payments.
Sec. 44134. Requirements regarding waiver of uniform tax requirement for
Medicaid provider tax.
Sec. 44135. Requiring budget neutrality for Medicaid demonstration projects
under section 1115.
SUBPART D—INCREASING PERSONAL ACCOUNTABILITY
Sec. 44141. Requirement for States to establish Medicaid community engage-
ment requirements for certain individuals.
Sec. 44142. Modifying cost sharing requirements for certain expansion individ-
uals under the Medicaid program.
PART 2—AFFORDABLE CARE ACT
Sec. 44201. Addressing waste, fraud, and abuse in the ACA Exchanges.
PART 3—IMPROVING AMERICANS’ ACCESS TO CARE
Sec. 44301. Expanding and clarifying the exclusion for orphan drugs under the
Drug Price Negotiation Program.
Sec. 44302. Streamlined enrollment process for eligible out-of-state providers
under Medicaid and CHIP.
Sec. 44303. Delaying DSH reductions.
Sec. 44304. Modifying update to the conversion factor under the physician fee
schedule under the Medicare program.
Sec. 44305. Modernizing and Ensuring PBM Accountability.
TITLE V—COMMITTEE ON FINANCIAL SERVICES
Sec. 50001. Green and resilient retrofit program for multifamily family hous-
ing.
Sec. 50002. Public Company Accounting Oversight Board.
Sec. 50003. Bureau of Consumer Financial Protection.
Sec. 50004. Consumer Financial Civil Penalty Fund.
Sec. 50005. Financial Research Fund.
TITLE VI—COMMITTEE ON HOMELAND SECURITY
Sec. 60001. Border barrier system construction, invasive species, and border se-
curity facilities improvements.
Sec. 60002. U.S. Customs and Border Protection personnel and fleet vehicles.
Sec. 60003. U.S. Customs and Border Protection technology, National Vetting
Center, and other efforts to enhance border security.
Sec. 60004. State and local law enforcement presidential residence protection.
Sec. 60005. State homeland security grant program.
TITLE VII—COMMITTEE ON THE JUDICIARY
Subtitle A—Immigration Matters
PART 1—IMMIGRATION FEES
Sec. 70001. Applicability of the immigration laws.
Sec. 70002. Asylum fee.
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Sec. 70003. Employment authorization document fees.
Sec. 70004. Parole fee.
Sec. 70005. Special immigrant juvenile fee.
Sec. 70006. Temporary protected status fee.
Sec. 70007. Unaccompanied alien child sponsor fee.
Sec. 70008. Visa integrity fee.
Sec. 70009. Form I–94 fee.
Sec. 70010. Yearly asylum fee.
Sec. 70011. Fee for continuances granted in immigration court proceedings.
Sec. 70012. Fee relating to renewal and extension of employment authorization
for parolees.
Sec. 70013. Fee relating to termination, renewal, and extension of employment
authorization for asylum applicants.
Sec. 70014. Fee relating to renewal and extension of employment authorization
for aliens granted temporary protected status.
Sec. 70015. Diversity immigrant visa fees.
Sec. 70016. EOIR fees.
Sec. 70017. ESTA fee.
Sec. 70018. Immigration user fees.
Sec. 70019. EVUS fee.
Sec. 70020. Fee for sponsor of unaccompanied alien child who fails to appear
in immigration court.
Sec. 70021. Fee for aliens ordered removed in absentia.
Sec. 70022. Customs and Border Protection inadmissible alien apprehension
fee.
Sec. 70023. Amendment to authority to apply for asylum.
PART 2—USE OF FUNDS
Sec. 70100. Executive Office for Immigration Review.
Sec. 70101. Adult alien detention capacity and family residential centers.
Sec. 70102. Retention and signing bonuses for U.S. Immigration and Customs
Enforcement personnel.
Sec. 70103. Hiring of additional U.S. Immigration and Customs Enforcement
personnel.
Sec. 70104. U.S. Immigration and Customs Enforcement hiring capability.
Sec. 70105. Transportation and removal operations.
Sec. 70106. Information technology investments.
Sec. 70107. Facilities upgrades.
Sec. 70108. Fleet modernization.
Sec. 70109. Promoting family unity.
Sec. 70110. Funding section 287(g) of the Immigration and Nationality Act.
Sec. 70111. Compensation for incarceration of criminal aliens.
Sec. 70112. Office of the Principal Legal Advisor.
Sec. 70113. Return of aliens arriving from contiguous territory.
Sec. 70114. State and local participation in homeland security efforts.
Sec. 70115. Unaccompanied alien children capacity.
Sec. 70116. Department of Homeland Security criminal and gang checks for
unaccompanied alien children.
Sec. 70117. Department of Health and Human Services criminal and gang
checks for unaccompanied alien children.
Sec. 70118. Information about sponsors and adult residents of sponsor house-
holds.
Sec. 70119. Repatriation of unaccompanied alien children.
Sec. 70120. United States Secret Service.
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Sec. 70121. Combating drug trafficking and illegal drug use.
Sec. 70122. Investigating and prosecuting immigration related matters.
Sec. 70123. Expedited removal for criminal aliens.
Sec. 70124. Removal of certain criminal aliens without further hearing.
Subtitle B—Regulatory Matters
Sec. 70200. Review of agency rulemaking.
Sec. 70201. Congressional review act compliance.
Subtitle C—Other Matters
Sec. 70300. Limitation on donations made pursuant to settlement agreements
to which the United States is a party.
Sec. 70301. Solicitation of orders defined.
Sec. 70302. Restriction of funds.
TITLE VIII—COMMITTEE ON NATURAL RESOURCES
Subtitle A—Energy and Mineral Resources
PART I—OIL AND GAS
Sec. 80101. Onshore oil and gas lease sales.
Sec. 80102. Noncompetitive leasing.
Sec. 80103. Permit fees.
Sec. 80104. Permitting fee for non-Federal land.
Sec. 80105. Reinstate reasonable royalty rates.
PART II—GEOTHERMAL
Sec. 80111. Geothermal leasing.
Sec. 80112. Geothermal royalties.
PART III—ALASKA
Sec. 80121. Coastal plain oil and gas leasing.
Sec. 80122. National Petroleum Reserve–Alaska.
PART IV—MINING
Sec. 80131. Superior National Forest lands in Minnesota.
Sec. 80132. Ambler Road in Alaska.
PART V—COAL
Sec. 80141. Coal leasing.
Sec. 80142. Future coal leasing.
Sec. 80143. Coal royalty.
Sec. 80144. Authorization to mine Federal minerals.
PART VI—NEPA
Sec. 80151. Project sponsor opt-in fees for environmental reviews.
Sec. 80152. Rescission relating to environmental and climate data collection.
PART VII—MISCELLANEOUS
Sec. 80161. Protest fees.
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PART VIII—OFFSHORE OIL AND GAS LEASING
Sec. 80171. Mandatory offshore oil and gas lease sales.
Sec. 80172. Offshore commingling.
Sec. 80173. Limitations on amount of distributed qualified outer Continental
Shelf revenues.
PART IX—RENEWABLE ENERGY
Sec. 80181. Renewable energy fees on Federal lands.
Sec. 80182. Renewable energy revenue sharing.
Subtitle B—Water, Wildlife, and Fisheries
Sec. 80201. Rescission of funds for investing in coastal communities and cli-
mate resilience.
Sec. 80202. Rescission of funds for facilities of National Oceanic and Atmos-
pheric Administration and national marine sanctuaries.
Sec. 80203. Surface water storage enhancement.
Sec. 80204. Water conveyance enhancement.
Subtitle C—Federal Lands
Sec. 80301. Prohibition on the Implementation of the Rock Springs Field Of-
fice, Wyoming, Resource Management Plan.
Sec. 80302. Prohibition on the Implementation of the Buffalo Field Office, Wy-
oming, Resource Management Plan.
Sec. 80303. Prohibition on the Implementation of the Miles City Field Office,
Montana, Resource Management Plan.
Sec. 80304. Prohibition on the Implementation of the North Dakota Resource
Management Plan.
Sec. 80305. Prohibition on the Implementation of the Colorado River Valley
Field Office and Grand Junction Field Office Resource Man-
agement Plans.
Sec. 80306. Rescission of Forest Service Funds.
Sec. 80307. Rescission of National Park Service and Bureau of Land Manage-
ment Funds.
Sec. 80308. Rescission of Bureau of Land Management and National Park
Service Funds.
Sec. 80309. Rescission of National Park Service Funds.
Sec. 80310. Celebrating America’s 250th Anniversary.
Sec. 80311. Long-Term Contracts for the Forest Service.
Sec. 80312. Long-Term Contracts for the Bureau of Land Management.
Sec. 80313. Timber production for the Forest Service.
Sec. 80314. Timber Production for the Bureau of Land Management.
Sec. 80315. Bureau of Land Management Land in Nevada.
Sec. 80316. Forest Service Land in Nevada.
Sec. 80317. Federal land in Utah.
TITLE IX—COMMITTEE ON OVERSIGHT AND GOVERNMENT
REFORM
Sec. 90001. Increase in FERS employee contribution requirements.
Sec. 90002. Elimination of FERS annuity supplement.
Sec. 90003. High-5 average pay for calculating CSRS and FERS pension.
Sec. 90004. Election for at-will employment and lower FERS contributions for
new Federal civil service hires.
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Sec. 90005. Filing fee for Merit Systems Protection Board claims and appeals.
Sec. 90006. FEHB protection.
TITLE X—COMMITTEE ON TRANSPORTATION AND
INFRASTRUCTURE
Sec. 100001. Coast Guard assets necessary to secure the maritime border and
interdict migrants and drugs.
Sec. 100002. Changes to mandatory benefits programs to allow selected reserve
orders for preplanned missions to secure maritime borders and
interdict persons and drugs.
Sec. 100003. Vessel tonnage duties.
Sec. 100004. Registration fee on motor vehicles.
Sec. 100005. Deposit of registration fee on motor vehicles.
Sec. 100006. Motor carrier data.
Sec. 100007. IRA rescissions.
Sec. 100008. Air traffic control staffing and modernization.
Sec. 100009. John F. Kennedy Center for the Performing Arts appropriations.
TITLE XI—COMMITTEE ON WAYS AND MEANS, ‘‘THE ONE, BIG,
BEAUTIFUL BILL’’
Sec. 110000. References to the Internal Revenue Code of 1986, etc.
Subtitle A—Make American Families and Workers Thrive Again
PART 1—PERMANENTLY PREVENTING TAX HIKES ON AMERICAN FAMILIES
AND WORKERS
Sec. 110001. Extension of modification of rates.
Sec. 110002. Extension of increased standard deduction and temporary en-
hancement.
Sec. 110003. Termination of deduction for personal exemptions.
Sec. 110004. Extension of increased child tax credit and temporary enhance-
ment.
Sec. 110005. Extension of deduction for qualified business income and perma-
nent enhancement.
Sec. 110006. Extension of increased estate and gift tax exemption amounts and
permanent enhancement.
Sec. 110007. Extension of increased alternative minimum tax exemption and
phase-out thresholds.
Sec. 110008. Extension of limitation on deduction for qualified residence inter-
est.
Sec. 110009. Extension of limitation on casualty loss deduction.
Sec. 110010. Termination of miscellaneous itemized deduction.
Sec. 110011. Limitation on tax benefit of itemized deductions.
Sec. 110012. Termination of qualified bicycle commuting reimbursement exclu-
sion.
Sec. 110013. Extension of limitation on exclusion and deduction for moving ex-
penses.
Sec. 110014. Extension of limitation on wagering losses.
Sec. 110015. Extension of increased limitation on contributions to ABLE ac-
counts and permanent enhancement.
Sec. 110016. Extension of savers credit allowed for ABLE contributions.
Sec. 110017. Extension of rollovers from qualified tuition programs to ABLE
accounts permitted.
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Sec. 110018. Extension of treatment of certain individuals performing services
in the Sinai Peninsula and enhancement to include additional
areas.
Sec. 110019. Extension of exclusion from gross income of student loans dis-
charged on account of death or disability.
PART 2—ADDITIONAL TAX RELIEF FOR AMERICAN FAMILIES AND WORKERS
Sec. 110101. No tax on tips.
Sec. 110102. No tax on overtime.
Sec. 110103. Enhanced deduction for seniors.
Sec. 110104. No tax on car loan interest.
Sec. 110105. Enhancement of employer-provided child care credit.
Sec. 110106. Extension and enhancement of paid family and medical leave
credit.
Sec. 110107. Enhancement of adoption credit.
Sec. 110108. Recognizing Indian tribal governments for purposes of deter-
mining whether a child has special needs for purposes of the
adoption credit.
Sec. 110109. Tax credit for contributions of individuals to scholarship granting
organizations.
Sec. 110110. Additional elementary, secondary, and home school expenses
treated as qualified higher education expenses for purposes of
529 accounts.
Sec. 110111. Certain postsecondary credentialing expenses treated as qualified
higher education expenses for purposes of 529 accounts.
Sec. 110112. Reinstatement of partial deduction for charitable contributions of
individuals who do not elect to itemize.
Sec. 110113. Exclusion for certain employer payments of student loans under
educational assistance programs made permanent and adjusted
for inflation.
Sec. 110114. Extension of rules for treatment of certain disaster-related per-
sonal casualty losses.
Sec. 110115. MAGA accounts.
Sec. 110116. MAGA accounts contribution pilot program.
PART 3—INVESTING IN HEALTH OF AMERICAN FAMILIES AND WORKERS
Sec. 110201. Treatment of health reimbursement arrangements integrated with
individual market coverage.
Sec. 110202. Participants in CHOICE arrangement eligible for purchase of Ex-
change insurance under cafeteria plan.
Sec. 110203. Employer credit for CHOICE arrangement.
Sec. 110204. Individuals entitled to part A of Medicare by reason of age al-
lowed to contribute to health savings accounts.
Sec. 110205. Treatment of direct primary care service arrangements.
Sec. 110206. Allowance of bronze and catastrophic plans in connection with
health savings accounts.
Sec. 110207. On-site employee clinics.
Sec. 110208. Certain amounts paid for physical activity, fitness, and exercise
treated as amounts paid for medical care.
Sec. 110209. Allow both spouses to make catch-up contributions to the same
health savings account.
Sec. 110210. FSA and HRA terminations or conversions to fund HSAs.
Sec. 110211. Special rule for certain medical expenses incurred before estab-
lishment of health savings account.
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Sec. 110212. Contributions permitted if spouse has health flexible spending ar-
rangement.
Sec. 110213. Increase in health savings account contribution limitation for cer-
tain individuals.
Sec. 110214. Regulations.
Subtitle B—Make Rural America and Main Street Grow Again
PART 1—EXTENSION OF TAX CUTS AND JOBS ACT REFORMS FOR RURAL
AMERICA AND MAIN STREET
Sec. 111001. Extension of special depreciation allowance for certain property.
Sec. 111002. Deduction of domestic research and experimental expenditures.
Sec. 111003. Modified calculation of adjusted taxable income for purposes of
business interest deduction.
Sec. 111004. Extension of deduction for foreign-derived intangible income and
global intangible low-taxed income.
Sec. 111005. Extension of base erosion minimum tax amount.
PART 2—ADDITIONAL TAX RELIEF FOR RURAL AMERICA AND MAIN STREET
Sec. 111101. Special depreciation allowance for qualified production property.
Sec. 111102. Renewal and enhancement of opportunity zones.
Sec. 111103. Increased dollar limitations for expensing of certain depreciable
business assets.
Sec. 111104. Repeal of revision to de minimis rules for third party network
transactions.
Sec. 111105. Increase in threshold for requiring information reporting with re-
spect to certain payees.
Sec. 111106. Repeal of excise tax on indoor tanning services.
Sec. 111107. Exclusion of interest on loans secured by rural or agricultural real
property.
Sec. 111108. Treatment of certain qualified sound recording productions.
Sec. 111109. Modifications to low-income housing credit.
Sec. 111110. Increased gross receipts threshold for small manufacturing busi-
nesses.
Sec. 111111. Global intangible low-taxed income determined without regard to
certain income derived from services performed in the Virgin
Islands.
Sec. 111112. Extension and modification of clean fuel production credit.
PART 3—INVESTING IN THE HEALTH OF RURAL AMERICA AND MAIN
STREET
Sec. 111201. Expanding the definition of rural emergency hospital under the
Medicare program.
Subtitle C—Make America Win Again
PART 1—WORKING FAMILIES OVER ELITES
Sec. 112001. Termination of previously-owned clean vehicle credit.
Sec. 112002. Termination of clean vehicle credit.
Sec. 112003. Termination of qualified commercial clean vehicles credit.
Sec. 112004. Termination of alternative fuel vehicle refueling property credit.
Sec. 112005. Termination of energy efficient home improvement credit.
Sec. 112006. Termination of residential clean energy credit.
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Sec. 112007. Termination of new energy efficient home credit.
Sec. 112008. Phase-out and restrictions on clean electricity production credit.
Sec. 112009. Phase-out and restrictions on clean electricity investment credit.
Sec. 112010. Repeal of transferability of clean fuel production credit.
Sec. 112011. Restrictions on carbon oxide sequestration credit.
Sec. 112012. Phase-out and restrictions on zero-emission nuclear power produc-
tion credit.
Sec. 112013. Termination of clean hydrogen production credit.
Sec. 112014. Phase-out and restrictions on advanced manufacturing production
credit.
Sec. 112015. Phase-out of credit for certain energy property.
Sec. 112016. Income from hydrogen storage, carbon capture added to quali-
fying income of certain publicly traded partnerships treated as
corporations.
Sec. 112017. Limitation on amortization of certain sports franchises.
Sec. 112018. Limitation on individual deductions for certain State and local
taxes, etc.
Sec. 112019. Excessive employee remuneration from controlled group members
and allocation of deduction.
Sec. 112020. Expanding application of tax on excess compensation within tax-
exempt organizations.
Sec. 112021. Modification of excise tax on investment income of certain private
colleges and universities.
Sec. 112022. Increase in rate of tax on net investment income of certain pri-
vate foundations.
Sec. 112023. Certain purchases of employee-owned stock disregarded for pur-
poses of foundation tax on excess business holdings.
Sec. 112024. Unrelated business taxable income increased by amount of certain
fringe benefit expenses for which deduction is disallowed.
Sec. 112025. Name and logo royalties treated as unrelated business taxable in-
come.
Sec. 112026. Exclusion of research income limited to publicly available re-
search.
Sec. 112027. Limitation on excess business losses of noncorporate taxpayers.
Sec. 112028. 1-percent floor on deduction of charitable contributions made by
corporations.
Sec. 112029. Enforcement of remedies against unfair foreign taxes.
Sec. 112030. Reduction of excise tax on firearms silencers.
Sec. 112031. Modifications to de minimis entry privilege for commercial ship-
ments.
Sec. 112032. Limitation on drawback of taxes paid with respect to substituted
merchandise.
PART 2—REMOVING TAXPAYER BENEFITS FOR ILLEGAL IMMIGRANTS
Sec. 112101. Permitting premium tax credit only for certain individuals.
Sec. 112102. Certain aliens treated as ineligible for premium tax credit.
Sec. 112103. Disallowing premium tax credit during periods of Medicaid ineli-
gibility due to alien status.
Sec. 112104. Limiting Medicare coverage of certain individuals.
Sec. 112105. Excise tax on remittance transfers.
Sec. 112106. Social security number requirement for American opportunity and
lifetime learning credits.
PART 3—PREVENTING FRAUD, WASTE, AND ABUSE
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Sec. 112201. Requiring Exchange verification of eligibility for health plan.
Sec. 112202. Disallowing premium tax credit in case of certain coverage en-
rolled in during special enrollment period.
Sec. 112203. Eliminating limitation on recapture of advance payment of pre-
mium tax credit.
Sec. 112204. Implementing artificial intelligence tools for purposes of reducing
and recouping improper payments under Medicare.
Sec. 112205. Enforcement provisions with respect to COVID-related employee
retention credits.
Sec. 112206. Earned income tax credit reforms.
Sec. 112207. Task force on the termination of Direct File.
Sec. 112208. Postponement of tax deadlines for hostages and individuals
wrongfully detained abroad.
Sec. 112209. Termination of tax-exempt status of terrorist supporting organi-
zations.
Sec. 112210. Increase in penalties for unauthorized disclosures of taxpayer in-
formation.
Sec. 112211. Restriction on regulation of contingency fees with respect to tax
returns, etc.
Subtitle D—Increase in Debt Limit
Sec. 113001. Modification of limitation on the public debt.
TITLE I—COMMITTEE ON
1
AGRICULTURE
2
Subtitle A—Nutrition
3
SEC. 10001. THRIFTY FOOD PLAN.
4
Section 3(u) of the Food and Nutrition Act of 2008
5
(7 U.S.C. 2012(u)) is amended to read as follows:
6
‘‘(u)(1) ‘Thrifty food plan’ means the diet required
7
to feed a family of 4 persons consisting of a man and a
8
woman 20 through 50, a child 6 through 8, and a child
9
9 through 11 years of age, based on relevant market bas-
10
kets that shall only be changed pursuant to paragraph (3).
11
The cost of such diet shall be the basis for uniform allot-
12
ments for all households regardless of their actual com-
13
position. The Secretary shall only adjust the cost of the
14
diet as specified in paragraphs (2) and (4).
15
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‘‘(2) HOUSEHOLD ADJUSTMENTS.—The Secretary
1
shall make household-size adjustments based on the fol-
2
lowing ratios of household size as a percentage of the max-
3
imum 4-person allotment:
4
‘‘(A) For a 1-person household, 30 percent.
5
‘‘(B) For a 2-person household, 55 percent.
6
‘‘(C) For a 3-person household, 79 percent.
7
‘‘(D) For a 4-person household, 100 percent.
8
‘‘(E) For a 5-person household, 119 percent.
9
‘‘(F) For a 6-person household, 143 percent.
10
‘‘(G) For a 7-person household, 158 percent.
11
‘‘(H) For an 8-person household, 180 percent.
12
‘‘(I) For a 9-person household, 203 percent.
13
‘‘(J) For a 10-person household, 224 percent.
14
‘‘(K) For households with more than 10 per-
15
sons, such adjustment for each additional person
16
shall be 224 percent plus the product of 21 percent
17
and the difference in the number of persons in the
18
household and 10.
19
‘‘(3) REEVALUATION OF MARKET BASKETS.—
20
‘‘(A) EVALUATION.—Not earlier than Oc-
21
tober 1, 2028, and at not more frequently than
22
5-year intervals thereafter, the Secretary may
23
reevaluate the market baskets of the thrifty
24
food plan taking into consideration current food
25
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•HR 1 RH
prices, food composition data, consumption pat-
1
terns, and dietary guidance.
2
‘‘(B) NOTICE.—Prior to any update of the
3
market baskets of the thrifty food plan based
4
on a reevaluation pursuant to subparagraph
5
(A), the methodology and results of any such
6
revelation shall be published in the Federal
7
Register with an opportunity for comment of
8
not less than 60 days.
9
‘‘(C) COST
NEUTRALITY.—The Secretary
10
shall not increase the cost of the thrifty food
11
plan based on a reevaluation or update under
12
this paragraph.
13
‘‘(4) ALLOWABLE
COST
ADJUSTMENTS.—On
14
October 1 immediately following the effective date of
15
this paragraph and on each October 1 thereafter,
16
the Secretary shall—
17
‘‘(A) adjust the cost of the thrifty food
18
plan to reflect changes in the Consumer Price
19
Index for All Urban Consumers, published by
20
the Bureau of Labor Statistics of the Depart-
21
ment of Labor, for the most recent 12-month
22
period ending in June;
23
‘‘(B) make cost adjustments in the thrifty
24
food plan for urban and rural parts of Hawaii
25
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•HR 1 RH
and urban and rural parts of Alaska to reflect
1
the cost of food in urban and rural Hawaii and
2
urban and rural Alaska provided such cost ad-
3
justment shall not exceed the rate of increase
4
described in the Consumer Price Index for All
5
Urban Consumers, published by the Bureau of
6
Labor Statistics of the Department of Labor,
7
for the most recent 12-month period ending in
8
June; and
9
‘‘(C) make cost adjustments in the sepa-
10
rate thrifty food plans for Guam and the Virgin
11
Islands of the United States to reflect the cost
12
of food in those States, but not to exceed the
13
cost of food in the 50 States and the District
14
of Columbia, provided that such cost adjust-
15
ment shall not exceed the rate of increase de-
16
scribed in the Consumer Price Index for All
17
Urban Consumers, published by the Bureau of
18
Labor Statistics of the Department of Labor,
19
for the most recent 12-month period ending in
20
June.’’.
21
SEC. 10002. ABLE BODIED ADULTS WITHOUT DEPENDENTS
22
WORK REQUIREMENTS.
23
(a) Section 6(o)(3) of the Food and Nutrition Act
24
of 2008 is amended to read as follows:
25
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‘‘(3) EXCEPTION.—Paragraph (2) shall not
1
apply to an individual if the individual is—
2
‘‘(A) under 18 or over 65 years of age;
3
‘‘(B) medically certified as physically or
4
mentally unfit for employment;
5
‘‘(C) a parent or other member of a house-
6
hold with responsibility for a dependent child
7
under 7 years of age;
8
‘‘(D) otherwise exempt under subsection
9
(d)(2);
10
‘‘(E) a pregnant woman;
11
‘‘(F) currently homeless;
12
‘‘(G) a veteran;
13
‘‘(H) 24 years of age or younger and was
14
in foster care under the responsibility of a State
15
on the date of attaining 18 years of age or such
16
higher age as the State has elected under sec-
17
tion 475(8)(B)(iii) of the Social Security Act
18
(42 U.S.C. 675(8)(B)(iii)); or
19
‘‘(I) responsible for a dependent child 7
20
years of age or older and is married to, and re-
21
sides with, an individual who is in compliance
22
with the requirements of paragraph (2).’’.
23
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•HR 1 RH
(b) SUNSET PROVISION.—The exceptions in subpara-
1
graphs (F) through (H) shall cease to have effect on Octo-
2
ber 1, 2030.
3
SEC. 10003. ABLE BODIED ADULTS WITHOUT DEPENDENTS
4
WAIVERS.
5
Section 6(o) of the Food and Nutrition Act of 2008
6
(7 U.S.C. 2015(o)) is amended—
7
(1) by amending paragraph (4)(A) to read as
8
follows:
9
‘‘(A) IN GENERAL.—On the request of a
10
State agency and with the support of the chief
11
executive officer of the State, the Secretary may
12
waive the applicability of paragraph (2) for not
13
more than 12 consecutive months to any group
14
of individuals in the State if the Secretary
15
makes a determination that the county, or
16
county-equivalent (as recognized by the Census
17
Bureau) in which the individuals reside has an
18
unemployment rate of over 10 percent.’’; and
19
(2) in paragraph (6)(F) by striking ‘‘8 percent’’
20
and inserting ‘‘1 percent’’.
21
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•HR 1 RH
SEC. 10004. AVAILABILITY OF STANDARD UTILITY ALLOW-
1
ANCES BASED ON RECEIPT OF ENERGY AS-
2
SISTANCE.
3
(a) ALLOWANCE TO RECIPIENTS OF ENERGY ASSIST-
4
ANCE.—
5
(1) STANDARD UTILITY ALLOWANCE.—Section
6
5(e)(6)(C)(iv)(I) of the of the Food and Nutrition
7
Act of 2008 (7 U.S.C. 2014(e)(6)(C)(iv)(I)) is
8
amended by inserting ‘‘with an elderly or disabled
9
member’’ after ‘‘households’’.
10
(2)
CONFORMING
AMENDMENTS.—Section
11
2605(f)(2)(A) of the Low-Income Home Energy As-
12
sistance Act is amended by inserting ‘‘received by a
13
household with an elderly or disabled member’’ be-
14
fore ‘‘, consistent with section 5(e)(6)(C)(iv)(I)’’.
15
(b)
THIRD-PARTY
ENERGY
ASSISTANCE
PAY-
16
MENTS.—Section 5(k)(4) of the Food and Nutrition Act
17
of 2008 (7 U.S.C. 2014(k)(4)) is amended—
18
(1) in subparagraph (A) by inserting ‘‘without
19
an elderly or disabled member’’ after ‘‘household’’
20
the 1st place it appears; and
21
(2) in subparagraph (B) by inserting ‘‘with an
22
elderly or disabled member’’ after ‘‘household’’ the
23
1st place it appears.
24
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•HR 1 RH
SEC. 10005. RESTRICTIONS ON INTERNET EXPENSES.
1
Section 5(e)(6) of the Food and Nutrition Act of
2
2008 (7 U.S.C. 2014(e)(6)) is amended by adding at the
3
end the following:
4
‘‘(E) RESTRICTIONS
ON
INTERNET
EX-
5
PENSES.—Service fees associated with internet
6
connection, including, but not limited to,
7
monthly subscriber fees (i.e., the base rate paid
8
by the household each month in order to receive
9
service, which may include high-speed internet),
10
taxes and fees charged to the household by the
11
provider that recur on regular bills, the cost of
12
modem rentals, and fees charged by the pro-
13
vider for initial installation, shall not be used in
14
computing the excess shelter expense deduc-
15
tion.’’.
16
SEC. 10006. MATCHING FUNDS REQUIREMENTS.
17
(a) IN GENERAL.—Section 4(a) of the Food and Nu-
18
trition Act of 2008 (7 U.S.C. 2013(a)) is amended—
19
(1) by striking ‘‘(a) Subject to’’ and inserting
20
the following:
21
‘‘(a) PROGRAM.—
22
‘‘(1) ESTABLISHMENT.—Subject to’’; and
23
(2) by adding at the end the following:
24
‘‘(2) MATCHING FUNDS REQUIREMENTS.—
25
‘‘(A) IN GENERAL.—
26
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•HR 1 RH
‘‘(i) FEDERAL
SHARE.—Subject to sub-
1
paragraph (B), the Federal share of the cost of
2
allotments described in paragraph (1) in a fis-
3
cal year shall be—
4
‘‘(I) for each of fiscal years 2026 and
5
2027, 100 percent; and
6
‘‘(II) for fiscal year 2028 and each
7
fiscal year thereafter, 95 percent.
8
‘‘(ii) STATE SHARE.—Subject to subpara-
9
graph (B), the State share of the cost of allot-
10
ments described in paragraph (1) in a fiscal
11
year shall be—
12
‘‘(I) for each of fiscal years 2026 and
13
2027, 0 percent; and
14
‘‘(II) for fiscal year 2028 and each
15
fiscal year thereafter, 5 percent.
16
‘‘(B) STATE QUALITY CONTROL INCENTIVE.—
17
Beginning in fiscal year 2028, any State that has a
18
payment error rate, as defined in section 16, for the
19
most recent complete fiscal year for which data is
20
available, of—
21
‘‘(i) equal to or greater than 6 percent but
22
less than 8 percent, shall have its Federal share
23
of the cost of allotments described in paragraph
24
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•HR 1 RH
(1) for the current fiscal year equal 85 percent,
1
and its State share equal 15 percent;
2
‘‘(ii) equal to or greater than 8 percent but
3
less than 10 percent, shall have its Federal
4
share of the cost of allotments described in
5
paragraph (1) for the current fiscal year equal
6
80 percent, and its State share equal 20 per-
7
cent; and
8
‘‘(iii) equal to or greater than 10 percent,
9
shall have its Federal share of the cost of allot-
10
ments described in paragraph (1) for the cur-
11
rent fiscal year equal 75 percent, and its State
12
share equal 25 percent.’’.
13
(b) RULE OF CONSTRUCTION.—The Secretary of Ag-
14
riculture may not pay towards the cost of allotments de-
15
scribed in paragraph (1) of section 4(a) of the Food and
16
Nutrition Act of 2008 (7 U.S.C. 2013(a)), as designated
17
by subsection (a), an amount greater than the applicable
18
Federal share described in paragraph (2) of such section
19
4(a), as added by subsection (a).
20
SEC. 10007. ADMINISTRATIVE COST SHARING.
21
Section 16(a) of the Food and Nutrition Act of 2008
22
(7 U.S.C. 2025(a)) is amended by striking ‘‘50 per cen-
23
tum’’ and inserting ‘‘25 percent’’.
24
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•HR 1 RH
SEC. 10008. GENERAL WORK REQUIREMENT AGE.
1
Section 6(d) of the Food and Nutrition Act of 2008
2
(7 U.S.C. 2015(d)) is amended—
3
(1) in paragraph (1)(A), in the matter pre-
4
ceding clause (i), by striking ‘‘over the age of 15 and
5
under the age of 60’’ and inserting ‘‘over the age of
6
17 and under the age of 65’’; and
7
(2) in paragraph (2)—
8
(A) by striking ‘‘child under age six’’ and
9
inserting ‘‘child under age seven’’; and
10
(B) by striking ‘‘between 1 and 6 years of
11
age’’ and inserting ‘‘between 1 and 7 years of
12
age’’.
13
SEC. 10009. NATIONAL ACCURACY CLEARINGHOUSE.
14
Section 11(x)(2) of the Food and Nutrition Act of
15
2008 (7 U.S.C. 2020(x)(2)) is amended by adding at the
16
end the following:
17
‘‘(D) DATA SHARING TO PREVENT OTHER
18
MULTIPLE
ISSUANCES.—A State agency shall
19
use each indication of multiple issuance, or each
20
indication that an individual receiving supple-
21
mental nutrition assistance program benefits in
22
1 State has applied to receive supplemental nu-
23
trition assistance program benefits in another
24
State, to prevent multiple issuances of other
25
Federal and State assistance program benefits
26
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26
•HR 1 RH
that a State agency administers through the in-
1
tegrated eligibility system that the State uses to
2
administer the supplemental nutrition assist-
3
ance program in the State.’’.
4
SEC. 10010. QUALITY CONTROL ZERO TOLERANCE.
5
Section 16(c)(1)(A)(ii) of the Food and Nutrition Act
6
of 2008 (7 U.S.C. 2025(c)(1)(A)(ii)) is amended—
7
(1) in subclause (I), by striking ‘‘and’’ at the
8
end;
9
(2) in subclause (II)—
10
(A) by striking ‘‘fiscal year thereafter’’ and
11
inserting ‘‘of fiscal years 2015 through 2025’’;
12
and
13
(B) by striking the period at the end and
14
inserting ‘‘; and’’; and
15
(3) by adding at the end the following:
16
‘‘(III) for each fiscal year there-
17
after, $0.’’.
18
SEC. 10011. NATIONAL EDUCATION AND OBESITY PREVEN-
19
TION GRANT PROGRAM REPEALER.
20
The Food and Nutrition Act of 2008 (7 U.S.C. 2011
21
et seq.) is amended by striking section 28 (7 U.S.C.
22
2036a).
23
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•HR 1 RH
SEC. 10012. ALIEN SNAP ELIGIBILITY.
1
Section 6(f) of the Food and Nutrition Act of 2008
2
(7 U.S.C. 2015(f)) is amended—
3
(1) in the 1st sentence—
4
(A) by striking ‘‘No’’ and inserting ‘‘In ad-
5
dition to the limitations on eligibility in the Per-
6
sonal Responsibility and Work Opportunity
7
Reconciliation Act of 1996, no’’; and
8
(B) by striking ‘‘; or (C) an alien who en-
9
tered the United States prior to June 30, 1948,
10
or such subsequent date as is enacted by law,
11
has continuously maintained his or her resi-
12
dence in the United States since then, and is
13
not ineligible for citizenship, but who is deemed
14
to be lawfully admitted for permanent residence
15
as a result of an exercise of discretion by the
16
Attorney General pursuant to section 249 of
17
the Immigration and Nationality Act (8 U.S.C.
18
1259); or (D) an alien who has qualified for
19
conditional entry pursuant to sections 207 and
20
208 of the Immigration and Nationality Act (8
21
U.S.C. 1157 and 1158); or (E) an alien who is
22
lawfully present in the United States as a result
23
of an exercise of discretion by the Attorney
24
General for emergent reasons or reasons
25
deemed strictly in the public interest pursuant
26
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•HR 1 RH
to section 212(d)(5) of the Immigration and
1
Nationality Act (8 U.S.C. 1182(d)(5)); or (F)
2
an alien within the United States as to whom
3
the Attorney General has withheld deportation
4
pursuant to section 243 of the Immigration and
5
Nationality Act (8 U.S.C. 1253(h))’’; and
6
(2) in the 2d sentence by striking ‘‘clauses (B)
7
through (F)’’ and inserting ‘‘paragraph (2)(B)’’.
8
SEC. 10012. EMERGENCY FOOD ASSISTANCE.
9
Section 203D(d)(5) of the Emergency Food Assist-
10
ance Act of 1983 (7 U.S.C. 7507(d)(5)) is amended by
11
striking ‘‘2024’’ and inserting ‘‘2031’’.
12
Subtitle B—Investment in Rural
13
America
14
SEC. 10101. SAFETY NET.
15
(a) REFERENCE PRICE.—Section 1111(19) of the
16
Agricultural Act of 2014 (7 U.S.C. 9011(19)) is amended
17
to read as follows:
18
‘‘(19) REFERENCE PRICE.—
19
‘‘(A) IN
GENERAL.—Subject to subpara-
20
graphs (B) and (C), the term ‘reference price’,
21
with respect to a covered commodity for a crop
22
year, means the following:
23
‘‘(i) For wheat, $6.35 per bushel.
24
‘‘(ii) For corn, $4.10 per bushel.
25
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•HR 1 RH
‘‘(iii) For grain sorghum, $4.40 per
1
bushel.
2
‘‘(iv) For barley, $5.45 per bushel.
3
‘‘(v) For oats, $2.65 per bushel.
4
‘‘(vi) For long grain rice, $16.90 per
5
hundredweight.
6
‘‘(vii) For medium grain rice, $16.90
7
per hundredweight.
8
‘‘(viii) For soybeans, $10.00 per bush-
9
el.
10
‘‘(ix) For other oilseeds, $23.75 per
11
hundredweight.
12
‘‘(x) For peanuts, $630.00 per ton.
13
‘‘(xi) For dry peas, $13.10 per hun-
14
dredweight.
15
‘‘(xii) For lentils, $23.75 per hundred-
16
weight.
17
‘‘(xiii) For small chickpeas, $22.65
18
per hundredweight.
19
‘‘(xiv) For large chickpeas, $25.65 per
20
hundredweight.
21
‘‘(xv) For seed cotton, $0.42 per
22
pound.
23
‘‘(B) EFFECTIVENESS.—Effective begin-
24
ning with the 2031 crop year, the reference
25
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•HR 1 RH
prices defined in subparagraph (A) with respect
1
to a covered commodity shall equal the ref-
2
erence price in the previous crop year multiplied
3
by 1.005.
4
‘‘(C) LIMITATION.—In no case shall a ref-
5
erence price for a covered commodity exceed
6
115 percent of the reference price for such cov-
7
ered commodity listed in subparagraph (A).’’.
8
(b) BASE ACRES.—Section 1112 of the Agricultural
9
Act of 2014 (7 U.S.C. 9012) is amended—
10
(1) in subsection (d)(3)(A), by striking ‘‘2023’’
11
and inserting ‘‘2031’’; and
12
(2) by adding at the end the following:
13
‘‘(e) ADDITIONAL BASE ACRES.—
14
‘‘(1) IN
GENERAL.—As soon as practicable
15
after the date of enactment of this subsection, and
16
notwithstanding subsection (a), the Secretary shall
17
provide notice to owners of eligible farms pursuant
18
to paragraph (4) and allocate to those eligible farms
19
a total of not more than an additional 30,000,000
20
base acres in the manner provided in this subsection.
21
‘‘(2) CONTENT OF NOTICE.—The notice under
22
paragraph (1) shall include the following:
23
‘‘(A) Information that the allocation is oc-
24
curring.
25
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31
•HR 1 RH
‘‘(B) Information regarding the eligibility
1
of the farm for an allocation of base acres
2
under paragraph (4).
3
‘‘(C) Information regarding how an owner
4
may appeal a determination of ineligibility for
5
an allocation of base acres under paragraph (4)
6
through an appeals process established by the
7
Secretary.
8
‘‘(3) OPT-OUT.—An owner of a farm that is eli-
9
gible to receive an allocation of base acres may elect
10
to not receive that allocation by notifying the Sec-
11
retary.
12
‘‘(4) ELIGIBILITY.—
13
‘‘(A) IN
GENERAL.—Subject to subpara-
14
graph (D), effective beginning with the 2026
15
crop year, a farm is eligible to receive an alloca-
16
tion of base acres if, with respect to the farm,
17
the amount described in subparagraph (B) ex-
18
ceeds the amount described in subparagraph
19
(C).
20
‘‘(B) 5-YEAR AVERAGE SUM.—The amount
21
described in this subparagraph, with respect to
22
a farm, is the sum of—
23
‘‘(i) the 5-year average of—
24
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‘‘(I) the acreage planted on the
1
farm to all covered commodities for
2
harvest, grazing, haying, silage or
3
other similar purposes for the 2019
4
through 2023 crop years; and
5
‘‘(II) any acreage on the farm
6
that the producers were prevented
7
from
planting
during
the
2019
8
through 2023 crop years to covered
9
commodities
because
of
drought,
10
flood, or other natural disaster, or
11
other condition beyond the control of
12
the producers, as determined by the
13
Secretary; plus
14
‘‘(ii) the lesser of—
15
‘‘(I) 15 percent of the total acres
16
on the farm; and
17
‘‘(II) the 5-year average of—
18
‘‘(aa) the acreage planted on
19
the farm to eligible noncovered
20
commodities for harvest, grazing,
21
haying, silage, or other similar
22
purposes for the 2019 through
23
2023 crop years; and
24
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‘‘(bb) any acreage on the
1
farm that the producers were
2
prevented from planting during
3
the 2019 through 2023 crop
4
years to eligible noncovered com-
5
modities because of drought,
6
flood, or other natural disaster,
7
or other condition beyond the
8
control of the producers, as de-
9
termined by the Secretary.
10
‘‘(C) TOTAL NUMBER OF BASE ACRES FOR
11
COVERED
COMMODITIES.—The
amount
de-
12
scribed in this subparagraph, with respect to a
13
farm, is the total number of base acres for cov-
14
ered commodities on the farm (excluding unas-
15
signed crop base), as in effect on September 30,
16
2024.
17
‘‘(D) EFFECT OF NO RECENT PLANTINGS
18
OF COVERED COMMODITIES.—In the case of a
19
farm for which the amount determined under
20
clause (i) of subparagraph (B) is equal to zero,
21
that farm shall be ineligible to receive an alloca-
22
tion of base acres under this subsection.
23
‘‘(E) ACREAGE PLANTED ON THE FARM TO
24
ELIGIBLE
NONCOVERED
COMMODITIES
DE-
25
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•HR 1 RH
FINED.—In this paragraph, the term ‘acreage
1
planted on the farm to eligible noncovered com-
2
modities’ means acreage planted on a farm to
3
commodities other than covered commodities,
4
trees, bushes, vines, grass, or pasture (including
5
cropland that was idle or fallow), as determined
6
by the Secretary.
7
‘‘(5) NUMBER
OF
BASE
ACRES.—Subject to
8
paragraphs (4) and (7), the number of base acres al-
9
located to an eligible farm shall—
10
‘‘(A) be equal to the difference obtained by
11
subtracting the amount determined under sub-
12
paragraph (C) of paragraph (4) from the
13
amount determined under subparagraph (B) of
14
that paragraph; and
15
‘‘(B) include unassigned crop base.
16
‘‘(6) ALLOCATION OF ACRES.—
17
‘‘(A) ALLOCATION.—The Secretary shall
18
allocate the number of base acres under para-
19
graph (5) among those covered commodities
20
planted on the farm at any time during the
21
2019 through 2023 crop years.
22
‘‘(B) ALLOCATION FORMULA.—The alloca-
23
tion of additional base acres for covered com-
24
modities shall be in proportion to the ratio of—
25
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35
•HR 1 RH
‘‘(i) the 5-year average of—
1
‘‘(I) the acreage planted on the
2
farm to each covered commodity for
3
harvest, grazing, haying, silage, or
4
other similar purposes for the 2019
5
through 2023 crop years; and
6
‘‘(II) any acreage on the farm
7
that the producers were prevented
8
from
planting
during
the
2019
9
through 2023 crop years to that cov-
10
ered commodity because of drought,
11
flood, or other natural disaster, or
12
other condition beyond the control of
13
the producers, as determined by the
14
Secretary; to
15
‘‘(ii) the 5-year average determined
16
under paragraph (4)(B)(i).
17
‘‘(C) INCLUSION OF ALL 5 YEARS IN AVER-
18
AGE.—For the purpose of determining a 5-year
19
acreage average under subparagraph (B) for a
20
farm, the Secretary shall not exclude any crop
21
year in which a covered commodity was not
22
planted.
23
‘‘(D) TREATMENT OF MULTIPLE PLANTING
24
OR PREVENTED PLANTING.—For the purpose of
25
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36
•HR 1 RH
determining under subparagraph (B) the acre-
1
age on a farm that producers planted or were
2
prevented from planting during the 2019
3
through 2023 crop years to covered commod-
4
ities, if the acreage that was planted or pre-
5
vented from being planted was devoted to an-
6
other covered commodity in the same crop year
7
(other than a covered commodity produced
8
under an established practice of double crop-
9
ping), the owner may elect the covered com-
10
modity to be used for that crop year in deter-
11
mining the 5-year average, but may not include
12
both the initial covered commodity and the sub-
13
sequent covered commodity.
14
‘‘(E) LIMITATION.—The allocation of addi-
15
tional base acres among covered commodities on
16
a farm under this paragraph may not result in
17
a total number of base acres for the farm in ex-
18
cess of the total number of acres on the farm.
19
‘‘(7) REDUCTION BY THE SECRETARY.—In car-
20
rying out this subsection, if the total number of eli-
21
gible acres allocated to base acres across all farms
22
in the United States under this subsection would ex-
23
ceed 30,000,000 acres, the Secretary shall apply an
24
across-the-board, pro-rata reduction to the number
25
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37
•HR 1 RH
of eligible acres to ensure the number of allocated
1
base acres under this subsection is equal to
2
30,000,000 acres.
3
‘‘(8) PAYMENT
YIELD.—Beginning with crop
4
year 2026, for the purpose of making price loss cov-
5
erage payments under section 1116, the Secretary
6
shall establish payment yields to base acres allocated
7
under this subsection equal to—
8
‘‘(A) the payment yield established on the
9
farm for the applicable covered commodity; and
10
‘‘(B) if no such payment yield for the ap-
11
plicable covered commodity exists, a payment
12
yield—
13
‘‘(i) equal to the average payment
14
yield for the covered commodity for the
15
county in which the farm is situated; or
16
‘‘(ii) determined pursuant to section
17
1113(c).
18
‘‘(9) TREATMENT
OF
NEW
OWNERS.—In the
19
case of a farm for which the owner on the date of
20
enactment of this subsection was not the owner for
21
the 2019 through 2023 crop years, the Secretary
22
shall use the planting history of the prior owner or
23
owners of that farm for purposes of determining—
24
‘‘(A) eligibility under paragraph (4);
25
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•HR 1 RH
‘‘(B) eligible acres under paragraph (5);
1
and
2
‘‘(C) the allocation of acres under para-
3
graph (6).’’.
4
(c) PRODUCER ELECTION.—Section 1115 of the Ag-
5
ricultural Act of 2014 (7 U.S.C. 9015) is amended—
6
(1) in subsection (a), in the matter preceding
7
paragraph (1) by striking ‘‘2023’’ and inserting
8
‘‘2031’’; and
9
(2) in subsection (c)—
10
(A) in the matter preceding paragraph (1),
11
by striking ‘‘2014 crop year or the 2019 crop
12
year, as applicable’’ and inserting ‘‘2014 crop
13
year, 2019 crop year, or 2026 crop year, as ap-
14
plicable’’;
15
(B) in paragraph (1), by striking ‘‘2014
16
crop year or the 2019 crop year, as applicable,’’
17
and inserting ‘‘2014 crop year, 2019 crop year,
18
or 2026 crop year, as applicable,’’; and
19
(C) in paragraph (2)—
20
(i) in subparagraph (A), by striking
21
‘‘and’’ at the end;
22
(ii) in subparagraph (B), by striking
23
the period at the end and inserting ‘‘;
24
and’’; and
25
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•HR 1 RH
(iii) by adding at the end the fol-
1
lowing:
2
‘‘(C) the same coverage for each covered
3
commodity on the farm for the 2026 through
4
2031 crop years as was applicable for the 2024
5
crop year.’’.
6
(d) PRICE LOSS COVERAGE.—Section 1116 of the
7
Agricultural Act of 2014 (7 U.S.C. 9016) is amended—
8
(1) in subsection (a)(2), in the matter pre-
9
ceding subparagraph (A), by striking ‘‘2023’’ and
10
inserting ‘‘2031’’;
11
(2) in subsection (c)(1)(B)—
12
(A) in the subparagraph heading, by strik-
13
ing ‘‘2023’’ and inserting ‘‘2031’’; and
14
(B) in the matter preceding clause (i), by
15
striking ‘‘2023’’ and inserting ‘‘2031’’;
16
(3) in subsection (d), by striking ‘‘2025’’ and
17
inserting ‘‘2031’’; and
18
(4) in subsection (g), by striking ‘‘2012 through
19
2016’’ each place it appears and inserting ‘‘2017
20
through 2021’’.
21
(e) AGRICULTURE RISK COVERAGE.—Section 1117
22
of the Agricultural Act of 2014 (7 U.S.C. 9017) is amend-
23
ed—
24
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•HR 1 RH
(1) in subsection (a), in the matter preceding
1
paragraph (1), by striking ‘‘2023’’ and inserting
2
‘‘2031’’;
3
(2) in subsection (c)—
4
(A) in paragraph (1), by inserting ‘‘for
5
each of the 2014 through 2024 crop years and
6
90 percent of the benchmark revenue for each
7
of the 2025 through 2031 crop years’’ before
8
the period at the end;
9
(B) by striking ‘‘2023’’ each place it ap-
10
pears and inserting ‘‘2031’’; and
11
(C) in paragraph (4)(B), in the subpara-
12
graph heading, by striking ‘‘2023’’ and inserting
13
‘‘2031’’;
14
(3) by amending subsection (d)(1)(B) to read
15
as follows:
16
‘‘(B)(i) for each of the crop years 2014
17
through 2024, 10 percent of the benchmark
18
revenue for the crop year applicable under sub-
19
section (c); and
20
‘‘(ii) for each of the crop years 2025
21
through 2031, 12.5 percent of the benchmark
22
revenue for the crop year applicable under sub-
23
section (c).’’; and
24
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•HR 1 RH
(4) in subsections (e), (g)(5), and (i)(5), by
1
striking ‘‘2023’’ each place it appears and inserting
2
‘‘2031’’.
3
(f) EQUITABLE TREATMENT
OF CERTAIN ENTI-
4
TIES.—
5
(1) IN GENERAL.—Section 1001 of the Food
6
Security Act of 1985 (7 U.S.C. 1308) is amended—
7
(A) in subsection (a)—
8
(i) by redesignating paragraph (5) as
9
paragraph (6); and
10
(ii) by inserting after paragraph (4)
11
the following:
12
‘‘(5) QUALIFIED PASS-THROUGH ENTITY.—The
13
term ‘qualified pass-through entity’ means—
14
‘‘(A) a partnership (within the meaning of
15
subchapter K of chapter 1 of the Internal Rev-
16
enue Code of 1986);
17
‘‘(B) an S corporation (as defined in sec-
18
tion 1361 of that Code);
19
‘‘(C) a limited liability company that does
20
not affirmatively elect to be treated as a cor-
21
poration; and
22
‘‘(D) a joint venture or general partner-
23
ship.’’;
24
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•HR 1 RH
(B) in subsections (b) and (c), by striking
1
‘‘except a joint venture or general partnership’’
2
each place it appears and inserting ‘‘except a
3
qualified pass-through entity’’; and
4
(C) in subsection (d), by striking ‘‘subtitle
5
B’’ and all that follows through the end and in-
6
serting ‘‘title I of the Agricultural Act of
7
2014.’’.
8
(2)
ATTRIBUTION
OF
PAYMENTS.—Section
9
1001(e)(3)(B)(ii) of the Food Security Act of 1985
10
(7 U.S.C. 1308(e)(3)(B)(ii)) is amended—
11
(A) in the clause heading, by striking
12
‘‘JOINT
VENTURES
AND
GENERAL
PARTNER-
13
SHIPS’’
and
inserting
‘‘QUALIFIED
PASS-
14
THROUGH ENTITIES’’;
15
(B) by striking ‘‘a joint venture or a gen-
16
eral partnership’’ and inserting ‘‘a qualified
17
pass-through entity’’;
18
(C) by striking ‘‘joint ventures and general
19
partnerships’’ and inserting ‘‘qualified pass-
20
through entities’’; and
21
(D) by striking ‘‘the joint venture or gen-
22
eral partnership’’ and inserting ‘‘the qualified
23
pass-through entity’’.
24
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•HR 1 RH
(3) PERSONS
ACTIVELY
ENGAGED
IN
FARM-
1
ING.—Section 1001A(b)(2) of the Food Security Act
2
of 1985 (7 U.S.C. 1308–1(b)(2)) is amended—
3
(A) subparagraphs (A) and (B), by strik-
4
ing ‘‘in a general partnership, a participant in
5
a joint venture’’ each place it appears and in-
6
serting ‘‘a qualified pass-through entity’’; and
7
(B) in subparagraph (C), by striking ‘‘a
8
general partnership, joint venture, or similar
9
entity’’ and inserting ‘‘a qualified pass-through
10
entity or a similar entity’’.
11
(4) JOINT AND SEVERAL LIABILITY.—Section
12
1001B(d) of the Food Security Act of 1985 (7
13
U.S.C. 1308–2(d)) is amended by striking ‘‘partner-
14
ships and joint ventures’’ and inserting ‘‘qualified
15
pass-through entities’’.
16
(5) EXCLUSION FROM AGI CALCULATION.—Sec-
17
tion 1001D(d) of the Food Security Act of 1985 (7
18
U.S.C. 1308–3a(d)) is amended by striking ‘‘, gen-
19
eral partnership, or joint venture’’ each place it ap-
20
pears.
21
(g) PAYMENT LIMITATIONS.—Section 1001 of the
22
Food Security Act of 1985 (7 U.S.C. 1308) is amended—
23
(1) in subsection (b)—
24
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•HR 1 RH
(A) by striking ‘‘The’’ and inserting ‘‘Sub-
1
ject to subsection (i), the’’; and
2
(B) by striking ‘‘$125,000’’ and inserting
3
‘‘$155,000’’;
4
(2) in subsection (c)—
5
(A) by striking ‘‘The’’ and inserting ‘‘Sub-
6
ject to subsection (i), the’’; and
7
(B) by striking ‘‘$125,000’’ and inserting
8
‘‘$155,000’’; and
9
(3) by adding at the end the following:
10
‘‘(i) ADJUSTMENT.—For the 2025 crop year and
11
each crop year thereafter, the Secretary shall annually ad-
12
just the amounts described in subsections (b) and (c) for
13
inflation based on the Consumer Price Index for All Urban
14
Consumers published by the Bureau of Labor Statistics
15
of the Department of Labor.’’.
16
(h) ADJUSTED GROSS INCOME LIMITATION.—Sec-
17
tion 1001D(b) of the Food Security Act of 1985 (7 U.S.C.
18
1308–3a(b)) is amended—
19
(1) in paragraph (1), by striking ‘‘paragraph
20
(3)’’ and inserting ‘‘paragraphs (3) and (4)’’; and
21
(2) by adding at the end the following:
22
‘‘(4) EXCEPTION FOR CERTAIN OPERATIONS.—
23
‘‘(A) DEFINITIONS.—In this paragraph:
24
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45
•HR 1 RH
‘‘(i) EXCEPTED
PAYMENT
OR
BEN-
1
EFIT.—The term ‘excepted payment or
2
benefit’ means—
3
‘‘(I) a payment or benefit under
4
subtitle E of title I of the Agricultural
5
Act of 2014 (7 U.S.C. 9081 et seq.);
6
‘‘(II) a payment or benefit under
7
section 196 of the Federal Agriculture
8
Improvement and Reform Act of 1996
9
(7 U.S.C. 7333); and
10
‘‘(III) a payment or benefit de-
11
scribed in paragraph (2)(C) received
12
on or after October 1, 2024.
13
‘‘(ii)
FARMING,
RANCHING,
OR
14
SILVICULTURE
ACTIVITIES.—The
term
15
‘farming, ranching, or silviculture activi-
16
ties’ includes agritourism, direct-to-con-
17
sumer marketing of agricultural products,
18
the sale of agricultural equipment by a
19
person or legal entity that owns such
20
equipment, and other agriculture-related
21
activities, as determined by the Secretary.
22
‘‘(B) EXCEPTION.—In the case of an ex-
23
cepted payment or benefit, the limitation estab-
24
lished by paragraph (1) shall not apply to a
25
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46
•HR 1 RH
person or legal entity during a crop, fiscal, or
1
program year, as appropriate, if greater than or
2
equal to 75 percent of the average gross income
3
of the person or legal entity derives from farm-
4
ing, ranching, or silviculture activities.’’.
5
(i) MARKETING LOANS.—
6
(1) AVAILABILITY
OF
NONRECOURSE
MAR-
7
KETING
ASSISTANCE
LOANS
FOR
LOAN
COMMOD-
8
ITIES.—Section 1201(b)(1) of the Agricultural Act
9
of 2014 (7 U.S.C. 9031(b)(1)) is amended by strik-
10
ing ‘‘2023’’ and inserting ‘‘2031’’.
11
(2) LOAN
RATES
FOR
NONRECOURSE
MAR-
12
KETING ASSISTANCE LOANS.—Section 1202 of the
13
Agricultural Act of 2014 (7 U.S.C. 9032) is amend-
14
ed—
15
(A) in subsection (b)—
16
(i) in the subsection heading, by strik-
17
ing ‘‘2023’’ and inserting ‘‘2025’’; and
18
(ii) in the matter preceding paragraph
19
(1), by striking ‘‘2023’’ and inserting
20
‘‘2025’’;
21
(B) by redesignating subsection (c) and (d)
22
as subsections (d) and (e), respectively;
23
(C) by inserting after subsection (b) the
24
following:
25
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•HR 1 RH
‘‘(c) 2026 THROUGH 2031 CROP YEARS.—For pur-
1
poses of each of the 2026 through 2031 crop years, the
2
loan rate for a marketing assistance loan under section
3
1201 for a loan commodity shall be equal to the following:
4
‘‘(1) In the case of wheat, $3.72 per bushel.
5
‘‘(2) In the case of corn, $2.42 per bushel.
6
‘‘(3) In the case of grain sorghum, $2.42 per
7
bushel.
8
‘‘(4) In the case of barley, $2.75 per bushel.
9
‘‘(5) In the case of oats, $2.20 per bushel.
10
‘‘(6) In the case of upland cotton, $0.55 per
11
pound.
12
‘‘(7) In the case of extra long staple cotton,
13
$1.00 per pound.
14
‘‘(8) In the case of long grain rice, $7.70 per
15
hundredweight.
16
‘‘(9) In the case of medium grain rice, $7.70
17
per hundredweight.
18
‘‘(10) In the case of soybeans, $6.82 per bushel.
19
‘‘(11) In the case of other oilseeds, $11.10 per
20
hundredweight for each of the following kinds of oil-
21
seeds:
22
‘‘(A) Sunflower seed.
23
‘‘(B) Rapeseed.
24
‘‘(C) Canola.
25
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‘‘(D) Safflower.
1
‘‘(E) Flaxseed.
2
‘‘(F) Mustard seed.
3
‘‘(G) Crambe.
4
‘‘(H) Sesame seed.
5
‘‘(I) Other oilseeds designated by the Sec-
6
retary.
7
‘‘(12) In the case of dry peas, $6.87 per hun-
8
dredweight.
9
‘‘(13) In the case of lentils, $14.30 per hun-
10
dredweight.
11
‘‘(14) In the case of small chickpeas, $11.00
12
per hundredweight.
13
‘‘(15) In the case of large chickpeas, $15.40 per
14
hundredweight.
15
‘‘(16) In the case of graded wool, $1.60 per
16
pound.
17
‘‘(17) In the case of nongraded wool, $0.55 per
18
pound.
19
‘‘(18) In the case of mohair, $5.00 per pound.
20
‘‘(19) In the case of honey, $1.50 per pound.
21
‘‘(20) In the case of peanuts, $390 per ton.’’;
22
(D) in subsection (d) (as so redesignated),
23
by striking ‘‘(a)(11) and (b)(11)’’ and inserting
24
‘‘(a)(11), (b)(11), and (c)(11)’’; and
25
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•HR 1 RH
(E) by amending subsection (e) (as so re-
1
designated) to read as follows:
2
‘‘(e) SPECIAL
RULE
FOR
SEED
COTTON
AND
3
CORN.—
4
‘‘(1) IN
GENERAL.—For purposes of section
5
1116(b)(2)
and
paragraphs
(1)(B)(ii)
and
6
(2)(A)(ii)(II) of section 1117(b), the loan rate shall
7
be deemed to equal—
8
‘‘(A) for seed cotton, $0.30 per pound; and
9
‘‘(B) for corn, $3.30 per bushel.
10
‘‘(2) EFFECT.—Nothing in this subsection au-
11
thorizes any nonrecourse marketing assistance loan
12
under this subtitle for seed cotton.’’.
13
(3) PAYMENT OF COTTON STORAGE COSTS.—
14
Section 1204(g) of the Agricultural Act of 2014 (7
15
U.S.C. 9034(g)) is amended—
16
(A) by striking ‘‘Effective’’ and inserting
17
the following:
18
‘‘(1) CROP YEARS 2014 THROUGH 2025.—Effec-
19
tive’’;
20
(B) in paragraph (1) (as so designated), by
21
striking ‘‘2023’’ and inserting ‘‘2025’’; and
22
(C) by adding at the end the following:
23
‘‘(2) PAYMENT OF COTTON STORAGE COSTS.—
24
Effective for each of the 2026 through 2031 crop
25
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•HR 1 RH
years, the Secretary shall make cotton storage pay-
1
ments for upland cotton and extra long staple cotton
2
available in the same manner as the Secretary pro-
3
vided storage payments for the 2006 crop of upland
4
cotton, except that the payment rate shall be equal
5
to the lesser of—
6
‘‘(A) the submitted tariff rate for the cur-
7
rent marketing year; and
8
‘‘(B) in the case of storage in—
9
‘‘(i) California or Arizona, a payment
10
rate of $4.90; and
11
‘‘(ii) any other State, a payment rate
12
of $3.00.’’.
13
(4) LOAN DEFICIENCY PAYMENTS.—
14
(A)
CONTINUATION.—Section
15
1205(a)(2)(B) of the Agricultural Act of 2014
16
(7 U.S.C. 9035(a)(2)(B)) is amended by strik-
17
ing ‘‘2023’’ and inserting ‘‘2031’’.
18
(B) PAYMENTS IN LIEU OF LDPS.—Section
19
1206 of the Agricultural Act of 2014 (7 U.S.C.
20
9036) is amended, in subsections (a) and (d),
21
by striking ‘‘2023’’ each place it appears and
22
inserting ‘‘2031’’.
23
(5) SPECIAL
COMPETITIVE
PROVISIONS
FOR
24
EXTRA LONG STAPLE COTTON.—Section 1208(a) of
25
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51
•HR 1 RH
the Agricultural Act of 2014 (7 U.S.C. 9038(a)) is
1
amended, in the matter preceding paragraph (1), by
2
striking ‘‘2026’’ and inserting ‘‘2032’’.
3
(6) AVAILABILITY OF RECOURSE LOANS.—Sec-
4
tion 1209 of the Agricultural Act of 2014 (7 U.S.C.
5
9039) is amended, in subsections (a)(2), (b), and
6
(c), by striking ‘‘2023’’ each place it appears and in-
7
serting ‘‘2031’’.
8
(j) REPAYMENT
OF MARKETING LOANS.—Section
9
1204 of the Agricultural Act of 2014 (7 U.S.C. 9034) is
10
amended—
11
(1) in subsection (b)—
12
(A) by redesignating paragraph (1) as sub-
13
paragraph (A) and indenting appropriately;
14
(B) in the matter preceding subparagraph
15
(A) (as so redesignated), by striking ‘‘The Sec-
16
retary’’ and inserting the following:
17
‘‘(1) IN GENERAL.—The Secretary’’; and
18
(C) by striking paragraph (2) and insert-
19
ing the following:
20
‘‘(B)(i) in the case of long grain rice and
21
medium grain rice, the prevailing world market
22
price for the commodity, as determined and ad-
23
justed by the Secretary in accordance with this
24
section; or
25
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•HR 1 RH
‘‘(ii) in the case of upland cotton, the low-
1
est prevailing world market price for the com-
2
modity, as determined and adjusted by the Sec-
3
retary in accordance with this section, during
4
the 30-day period following the day on which
5
the producer repays the marketing assistance
6
loan.
7
‘‘(2) REFUND FOR UPLAND COTTON.—In the
8
case of a repayment for a marketing assistance loan
9
for upland cotton at a rate described in paragraph
10
(1)(B)(ii), the Secretary shall provide to the pro-
11
ducer a refund (if any) in an amount equal to the
12
difference between the lowest prevailing world mar-
13
ket price described in that paragraph and the repay-
14
ment amount.’’;
15
(2) in subsection (c)—
16
(A) by striking the period at the end and
17
inserting ‘‘; and’’;
18
(B) by striking ‘‘at the loan rate’’ and in-
19
serting the following: ‘‘at a rate that is the less-
20
er of—
21
‘‘(1) the loan rate’’; and
22
(C) by adding at the end the following:
23
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53
•HR 1 RH
‘‘(2) the prevailing world market price for the
1
commodity, as determined and adjusted by the Sec-
2
retary in accordance with this section.’’;
3
(3) in subsection (d)—
4
(A) in paragraph (1), by striking ‘‘and me-
5
dium grain rice’’ and inserting ‘‘medium grain
6
rice, and extra long staple cotton’’;
7
(B) by redesignating paragraphs (1) and
8
(2) as subparagraphs (A) and (B), respectively,
9
and indenting appropriately;
10
(C) in the matter preceding subparagraph
11
(A) (as so redesignated), by striking ‘‘For pur-
12
poses’’ and inserting the following:
13
‘‘(1) IN GENERAL.—For purposes’’; and
14
(D) by adding at the end the following:
15
‘‘(2) UPLAND COTTON.—In the case of upland
16
cotton, for any period when price quotations for
17
Middling (M) 13⁄32-inch cotton are available, the for-
18
mula under paragraph (1)(A) shall be based on the
19
average of the 3 lowest-priced growths that are
20
quoted.’’; and
21
(4) in subsection (e)—
22
(A) in the subsection heading, by inserting
23
‘‘EXTRA LONG STAPLE COTTON,’’ after ‘‘UP-
24
LAND COTTON,’’;
25
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•HR 1 RH
(B) in paragraph (2)—
1
(i) in the paragraph heading, by in-
2
serting ‘‘UPLAND’’ before ‘‘COTTON’’; and
3
(ii) in subparagraph (B), in the mat-
4
ter preceding clause (i), by striking
5
‘‘2024’’ and inserting ‘‘2032’’;
6
(C) by redesignating paragraph (3) as
7
paragraph (4); and
8
(D) by inserting after paragraph (2) the
9
following:
10
‘‘(3) EXTRA LONG STAPLE COTTON.—The pre-
11
vailing world market price for extra long staple cot-
12
ton determined under subsection (d)—
13
‘‘(A) shall be adjusted to United States
14
quality and location, with the adjustment to in-
15
clude the average costs to market the com-
16
modity, including average transportation costs,
17
as determined by the Secretary; and
18
‘‘(B) may be further adjusted, during the
19
period beginning on the date of enactment of
20
this paragraph and ending on July 31, 2032, if
21
the Secretary determines the adjustment is nec-
22
essary—
23
‘‘(i) to minimize potential loan forfeit-
24
ures;
25
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•HR 1 RH
‘‘(ii) to minimize the accumulation of
1
stocks of extra long staple cotton by the
2
Federal Government;
3
‘‘(iii) to ensure that extra long staple
4
cotton produced in the United States can
5
be marketed freely and competitively, both
6
domestically and internationally; and
7
‘‘(iv) to ensure an appropriate transi-
8
tion between current-crop and forward-
9
crop price quotations, except that the Sec-
10
retary
may
use
forward-crop
price
11
quotations prior to July 31 of a marketing
12
year only if—
13
‘‘(I) there are insufficient cur-
14
rent-crop price quotations; and
15
‘‘(II)
the
forward-crop
price
16
quotation is the lowest such quotation
17
available.’’.
18
(k) ECONOMIC ADJUSTMENT ASSISTANCE FOR TEX-
19
TILE MILLS.—Section 1207(c) of the Agricultural Act of
20
2014 (7 U.S.C. 9037(c)) is amended by striking para-
21
graph (2) and inserting the following:
22
‘‘(2) VALUE OF ASSISTANCE.—The value of the
23
assistance provided under paragraph (1) shall be—
24
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•HR 1 RH
‘‘(A) for the period beginning on August 1,
1
2013, and ending on July 31, 2025, 3 cents per
2
pound; and
3
‘‘(B) beginning on August 1, 2025, 5 cents
4
per pound.’’.
5
(l) SUGAR PROGRAM UPDATES.—
6
(1) LOAN RATE MODIFICATIONS.—Section 156
7
of the Federal Agriculture Improvement and Reform
8
Act of 1996 (7 U.S.C. 7272) is amended—
9
(A) in subsection (a)—
10
(i) in paragraph (4), by striking
11
‘‘and’’ at the end;
12
(ii) in paragraph (5), by striking
13
‘‘2023 crop years.’’ and inserting ‘‘2024
14
crop years; and’’; and
15
(iii) by adding at the end the fol-
16
lowing:
17
‘‘(6) 24.00 cents per pound for raw cane sugar
18
for each of the 2025 through 2031 crop years.’’;
19
(B) in subsection (b)—
20
(i) in paragraph (1), by striking
21
‘‘and’’ at the end;
22
(ii) in paragraph (2), by striking
23
‘‘2023 crop years.’’ and inserting ‘‘2024
24
crop years; and’’; and
25
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•HR 1 RH
(iii) by adding at the end the fol-
1
lowing:
2
‘‘(3) a rate that is equal to 136.55 percent of
3
the loan rate per pound of raw cane sugar under
4
subsection (a)(6) for each of the 2025 through 2031
5
crop years.’’; and
6
(C) in subsection (i), by striking ‘‘2023’’
7
and inserting ‘‘2031’’.
8
(2) ADJUSTMENTS TO COMMODITY CREDIT COR-
9
PORATION
STORAGE
RATES.—Section 167 of the
10
Federal Agriculture Improvement and Reform Act of
11
1996 (7 U.S.C. 7287) is amended—
12
(A) by striking subsection (a) and insert-
13
ing the following:
14
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
15
vision of law, for the 2025 crop year and each subsequent
16
crop year, the Commodity Credit Corporation shall estab-
17
lish rates for the storage of forfeited sugar in an amount
18
that is not less than—
19
‘‘(1) in the case of refined sugar, 34 cents per
20
hundredweight per month; and
21
‘‘(2) in the case of raw cane sugar, 27 cents per
22
hundredweight per month.’’; and
23
(B) in subsection (b)—
24
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58
•HR 1 RH
(i) in the subsection heading, by strik-
1
ing
‘‘SUBSEQUENT’’
and
inserting
2
‘‘PRIOR’’; and
3
(ii) by striking ‘‘and subsequent’’ and
4
inserting ‘‘through 2024’’.
5
(3)
MODERNIZING
BEET
SUGAR
ALLOT-
6
MENTS.—
7
(A)
SUGAR
ESTIMATES.—Section
8
359b(a)(1) of the Agricultural Adjustment Act
9
of 1938 (7 U.S.C. 1359bb(a)(1)) is amended by
10
striking ‘‘2023’’ and inserting ‘‘2031’’.
11
(B) ALLOCATION
TO
PROCESSORS.—Sec-
12
tion 359c(g)(2) of the Agricultural Adjustment
13
Act of 1938 (7 U.S.C. 1359cc(g)(2)) is amend-
14
ed—
15
(i) by striking ‘‘In the case’’ and in-
16
serting the following:
17
‘‘(A) IN GENERAL.—Except as provided in
18
subparagraph (B), in the case’’; and
19
(ii) by adding at the end the fol-
20
lowing:
21
‘‘(B) EXCEPTION.—If the Secretary makes
22
an upward adjustment under paragraph (1)(A),
23
in adjusting allocations among beet sugar proc-
24
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•HR 1 RH
essors, the Secretary shall give priority to beet
1
sugar processors with available sugar.’’.
2
(C) TIMING OF REASSIGNMENT.—Section
3
359e(b)(2) of the Agricultural Adjustment Act
4
of 1938 (7 U.S.C. 1359ee(b)(2)) is amended—
5
(i) by redesignating subparagraphs
6
(A) through (C) as clauses (i) through
7
(iii), respectively, and indenting appro-
8
priately;
9
(ii) in the matter preceding clause (i)
10
(as so redesignated), by striking ‘‘If the
11
Secretary determines that a sugar beet
12
processor who has been allocated a share
13
of the beet sugar allotment will be unable
14
to market that allocation’’ and inserting
15
the following:
16
‘‘(A) IN GENERAL.—If the Secretary deter-
17
mines that a sugar beet processor who has been
18
allocated a share of the beet sugar allotment for
19
the crop year will be unable to market that allo-
20
cation’’; and
21
(iii) by adding at the end the fol-
22
lowing:
23
‘‘(B) TIMING.—In carrying out subpara-
24
graph (A), the Secretary shall—
25
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•HR 1 RH
‘‘(i) make an initial determination fol-
1
lowing the publication of the World Agri-
2
cultural Supply and Demand Estimates (in
3
this
subparagraph
referred
to
as
4
‘WASDE’) approved by the World Agricul-
5
tural Outlook Board for the month of Jan-
6
uary that is applicable to the crop year for
7
which a determination under subparagraph
8
(A) is made; and
9
‘‘(ii) provide for an initial reassign-
10
ment under subparagraph (A)(i) not later
11
than 30 days after the date of the an-
12
nouncement of such WASDE.’’.
13
(4) REALLOCATIONS
OF
TARIFF-RATE
QUOTA
14
SHORTFALL.—Section 359k of the Agricultural Ad-
15
justment Act of 1938 (7 U.S.C. 1359kk) is amended
16
by adding at the end the following:
17
‘‘(c) REALLOCATION.—
18
‘‘(1) INITIAL REALLOCATION.—Subject to para-
19
graph (3), following the establishment of the tariff-
20
rate quotas under subsection (a) for a quota year,
21
the United States Trade Representative, in consulta-
22
tion with the Secretary, shall—
23
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•HR 1 RH
‘‘(A) determine which countries do not in-
1
tend to fulfill their allocation for the quota
2
year; and
3
‘‘(B) reallocate any forecasted shortfall in
4
the fulfillment of the tariff-rate quotas as soon
5
as practicable.
6
‘‘(2) SUBSEQUENT REALLOCATION.—Subject to
7
paragraph (3), not later than March 1 of a quota
8
year, the United States Trade Representative, in
9
consultation with the Secretary, shall reallocate any
10
additional forecasted shortfall in the fulfillment of
11
the tariff-rate quotas for raw cane sugar established
12
under subsection (a)(1) for that quota year.
13
‘‘(3) CESSATION
OF
EFFECTIVENESS.—Para-
14
graphs (1) and (2) shall cease to be in effect if—
15
‘‘(A) the Agreement Suspending the Coun-
16
tervailing Duty Investigation on Sugar from
17
Mexico, signed December 19, 2014, is termi-
18
nated; and
19
‘‘(B) no countervailing duty order under
20
subtitle A of title VII of the Tariff Act of 1930
21
(19 U.S.C. 1671 et seq.) is in effect with re-
22
spect to sugar from Mexico.
23
‘‘(d) REFINED SUGAR.—
24
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•HR 1 RH
‘‘(1) DEFINITION OF DOMESTIC SUGAR INDUS-
1
TRY.—In this subsection, the term ‘domestic sugar
2
industry’ means domestic—
3
‘‘(A) sugar beet producers and processors;
4
‘‘(B) producers and processors of sugar
5
cane; and
6
‘‘(C) refiners of raw cane sugar.
7
‘‘(2) STUDY REQUIRED.—
8
‘‘(A) IN
GENERAL.—Not later than 180
9
days after the date of enactment of this sub-
10
section, the Secretary shall conduct a study on
11
whether the establishment of additional terms
12
and conditions with respect to refined sugar im-
13
ports is necessary and appropriate.
14
‘‘(B) ELEMENTS.—In conducting the study
15
under subparagraph (A), the Secretary shall ex-
16
amine the following:
17
‘‘(i) The need for—
18
‘‘(I) defining ‘refined sugar’ as
19
having a minimum polarization of
20
99.8 degrees or higher;
21
‘‘(II) establishing a standard for
22
color- or reflectance-based units for
23
refined sugar such as those utilized by
24
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63
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the International Commission of Uni-
1
form Methods of Sugar Analysis;
2
‘‘(III) prescribing specifications
3
for packaging type for refined sugar;
4
‘‘(IV) prescribing specifications
5
for transportation modes for refined
6
sugar;
7
‘‘(V) requiring affidavits or other
8
evidence that sugar imported as re-
9
fined sugar will not undergo further
10
refining in the United States;
11
‘‘(VI)
prescribing
appropriate
12
terms and conditions to avoid the cir-
13
cumvention of Federal laws relating to
14
any sugar imports; and
15
‘‘(VII) establishing other defini-
16
tions, terms and conditions, or other
17
requirements.
18
‘‘(ii) The potential impact of modifica-
19
tions described in each of subclauses (I)
20
through (VII) of clause (i) on the domestic
21
sugar industry.
22
‘‘(iii) Whether, based on the needs de-
23
scribed in clause (i) and the impact de-
24
scribed in clause (ii), the establishment of
25
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64
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additional terms and conditions is appro-
1
priate.
2
‘‘(C) CONSULTATION.—In conducting the
3
study under subparagraph (A), the Secretary
4
shall consult with representatives of the domes-
5
tic sugar industry, users of refined sugar, and
6
relevant State and Federal agencies.
7
‘‘(D) REPORT.—Not later than 1 year
8
after the date of enactment of this subsection,
9
the Secretary shall submit to the Committee on
10
Agriculture of the House of Representatives
11
and the Committee on Agriculture, Nutrition,
12
and Forestry of the Senate a report that de-
13
scribes the findings of the study conducted
14
under subparagraph (A).
15
‘‘(3) ESTABLISHMENT OF ADDITIONAL TERMS
16
AND CONDITIONS PERMITTED.—
17
‘‘(A) IN GENERAL.—Based on the findings
18
in the report submitted under paragraph
19
(2)(D), and after providing notice to the Com-
20
mittee on Agriculture of the House of Rep-
21
resentatives and the Committee on Agriculture,
22
Nutrition, and Forestry of the Senate, the Sec-
23
retary may issue regulations in accordance with
24
subparagraph (B) to establish additional terms
25
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and conditions with respect to refined sugar im-
1
ports that are necessary and appropriate.
2
‘‘(B) PROMULGATION OF REGULATIONS.—
3
The Secretary may issue regulations under sub-
4
paragraph (A) if the regulations—
5
‘‘(i) do not have an adverse impact on
6
the domestic sugar industry; and
7
‘‘(ii) are consistent with the require-
8
ments of this part, section 156 of the Fed-
9
eral Agriculture Improvement and Reform
10
Act of 1996 (7 U.S.C. 7272), and obliga-
11
tions under international trade agreements
12
that have been approved by Congress.’’.
13
(5) CLARIFICATION
OF
TARIFF-RATE
QUOTA
14
ADJUSTMENTS.—Section 359k(b)(1) of the Agricul-
15
tural
Adjustment
Act
of
1938
(7
U.S.C.
16
1359kk(b)(1)) is amended, in the matter preceding
17
subparagraph (A)—
18
(A) by striking ‘‘Before’’ and inserting
19
‘‘Notwithstanding any other provision of law,
20
before’’; and
21
(B) by striking ‘‘if there is an’’ and insert-
22
ing ‘‘for the sole purpose of responding directly
23
to an’’.
24
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(6)
PERIOD
OF
EFFECTIVENESS.—Section
1
359l(a) of the Agricultural Adjustment Act of 1938
2
(7 U.S.C. 1359ll(a)) is amended by striking ‘‘2023’’
3
and inserting ‘‘2031’’.
4
(m) DAIRY POLICY UPDATES.—
5
(1) DAIRY
MARGIN
COVERAGE
PRODUCTION
6
HISTORY.—
7
(A) DEFINITION.—Section 1401(8) of the
8
Agricultural Act of 2014 (7 U.S.C. 9051(8)) is
9
amended by striking ‘‘when the participating
10
dairy operation first registers to participate in
11
dairy margin coverage’’.
12
(B) PRODUCTION
HISTORY
OF
PARTICI-
13
PATING DAIRY OPERATIONS.—Section 1405 of
14
the Agricultural Act of 2014 (7 U.S.C. 9055)
15
is amended—
16
(i) by amending subsection (a) to read
17
as follows:
18
‘‘(a) PRODUCTION HISTORY.—Except as provided in
19
subsection (b), the production history of a dairy operation
20
for dairy margin coverage is equal to the highest annual
21
milk marketings of the participating dairy operation dur-
22
ing any one of the 2021, 2022, or 2023 calendar years.’’;
23
and
24
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(ii) by amending subsection (b) to
1
read as follows:
2
‘‘(b) ELECTION BY NEW DAIRY OPERATIONS.—In
3
the case of a participating dairy operation that has been
4
in operation for less than a year, the participating dairy
5
operation shall elect 1 of the following methods for the
6
Secretary to determine the production history of the par-
7
ticipating dairy operation:
8
‘‘(1) The volume of the actual milk marketings
9
for the months the participating dairy operation has
10
been in operation extrapolated to a yearly amount.
11
‘‘(2) An estimate of the actual milk marketings
12
of the participating dairy operation based on the
13
herd size of the participating dairy operation relative
14
to the national rolling herd average data published
15
by the Secretary.’’.
16
(2) DAIRY
MARGIN
COVERAGE
PAYMENTS.—
17
Section 1406(a)(1)(C) of the Agricultural Act of
18
2014 (7 U.S.C. 9056(a)(1)(C)) is amended by strik-
19
ing ‘‘5,000,000’’ and inserting ‘‘6,000,000’’ each
20
place it appears.
21
(3) PREMIUMS FOR DAIRY MARGINS.—
22
(A) TIER I.—Section 1407(b) of the Agri-
23
cultural Act of 2014 (7 U.S.C. 9057(b)) is
24
amended—
25
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(i)
in
the
heading,
by
striking
1
‘‘5,000,000’’ and inserting ‘‘6,000,000’’;
2
and
3
(ii) in paragraph (1), by striking
4
‘‘5,000,000’’ and inserting ‘‘6,000,000’’.
5
(B) TIER II.—Section 1407(c) of the Agri-
6
cultural Act of 2014 (7 U.S.C. 9057(c)) is
7
amended—
8
(i)
in
the
heading,
by
striking
9
‘‘5,000,000’’ and inserting ‘‘6,000,000’’;
10
and
11
(ii) in paragraph (1), by striking
12
‘‘5,000,000’’ and inserting ‘‘6,000,000’’.
13
(C)
PREMIUM
DISCOUNTS.—Section
14
1407(g) of the Agricultural Act of 2014 (7
15
U.S.C. 9057(g)) is amended—
16
(i) in paragraph (1)—
17
(I) by striking ‘‘2019 through
18
2023’’ and inserting ‘‘2026 through
19
2031’’; and
20
(II) by striking ‘‘January 2019’’
21
and inserting ‘‘January 2026’’; and
22
(ii) in paragraph (2), by striking
23
‘‘2023’’ each place it appears and inserting
24
‘‘2031’’.
25
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(4) DURATION.—Section 1409 of the Agricul-
1
tural Act of 2014 (7 U.S.C. 9059) is amended by
2
striking ‘‘2025’’ and inserting ‘‘2031’’.
3
(n) SUSPENSION OF PERMANENT PRICE SUPPORT
4
AUTHORITY.—Section 1602 of the Agricultural Act of
5
2014 (7 U.S.C. 9092) is amended by striking ‘‘2023’’ each
6
place it appears and inserting ‘‘2031’’.
7
(o) IMPLEMENTATION.—Section 1614(c) of the Agri-
8
cultural Act of 2014 (7 U.S.C. 9097(c)) is amended by
9
adding at the end the following:
10
‘‘(5) FISCAL YEAR 2025 RECONCILIATION.—The
11
Secretary shall make available to the Farm Service
12
Agency to carry out section 10101 of the Act titled
13
‘An Act to provide for reconciliation pursuant to
14
title II of H. Con. Res. 14’, and the amendments
15
made by that section, $50,000,000, to remain avail-
16
able until expended, of which—
17
‘‘(A) not less than $5,000,000 shall be
18
used to carry out paragraphs (3) and (4) of
19
subsection (b);
20
‘‘(B) $3,000,000 shall be used for activi-
21
ties described in paragraph (3)(A) of this sub-
22
section;
23
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‘‘(C) $3,000,000 shall be used for activities
1
described in paragraph (3)(B) of this sub-
2
section; and
3
‘‘(D) $10,000,000 shall be used to—
4
‘‘(i) carry out mandatory surveys of
5
dairy production cost and product yield in-
6
formation to be reported by manufacturers
7
required to report under section 273 of the
8
Agricultural Marketing Act of 1946 (7
9
U.S.C. 1637b), for all products processed
10
in the same facility or facilities; and
11
‘‘(ii) publish the results of such sur-
12
veys biennially.’’.
13
(p) LIVESTOCK SAFETY NET UPDATES.—
14
(1) IN GENERAL.—Section 1501(b) of the Agri-
15
cultural Act of 2014 (7 U.S.C. 9081(b)) is amend-
16
ed—
17
(A) by amending paragraph (2) to read as
18
follows:
19
‘‘(2) PAYMENT RATES.—
20
‘‘(A) LOSSES
DUE
TO
PREDATION.—In-
21
demnity payments to an eligible producer on a
22
farm under paragraph (1)(A) shall be made at
23
a rate of 100 percent of the market value of the
24
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71
•HR 1 RH
affected livestock on the applicable date, as de-
1
termined by the Secretary.
2
‘‘(B) LOSSES DUE TO ADVERSE WEATHER
3
OR DISEASE.—Indemnity payments to an eligi-
4
ble producer on a farm under subparagraph (B)
5
or (C) of paragraph (1) shall be made at a rate
6
of 75 percent of the market value of the af-
7
fected livestock on the applicable date, as deter-
8
mined by the Secretary.
9
‘‘(C)
DETERMINATION
OF
MARKET
10
VALUE.—In determining the market value de-
11
scribed in subparagraphs (A) and (B), the Sec-
12
retary may consider the ability of eligible pro-
13
ducers to document regional price premiums for
14
affected livestock that exceed the national aver-
15
age market price for those livestock.
16
‘‘(D) APPLICABLE
DATE
DEFINED.—In
17
this paragraph, the term ‘applicable date’
18
means, with respect to livestock, as applicable—
19
‘‘(i) the day before the date of death
20
of the livestock; or
21
‘‘(ii) the day before the date of the
22
event that caused the harm to the livestock
23
that resulted in a reduced sale price.’’; and
24
(B) by adding at the end the following:
25
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‘‘(5) ADDITIONAL PAYMENT FOR UNBORN LIVE-
1
STOCK.—
2
‘‘(A) IN GENERAL.—In the case of unborn
3
livestock death losses incurred on or after Janu-
4
ary 1, 2024, the Secretary shall make an addi-
5
tional payment to eligible producers on farms
6
that have incurred such losses in excess of the
7
normal mortality due to a condition specified in
8
paragraph (1).
9
‘‘(B) PAYMENT
RATE.—Additional pay-
10
ments under subparagraph (A) shall be made at
11
a rate—
12
‘‘(i) determined by the Secretary; and
13
‘‘(ii) less than or equal to 85 percent
14
of the payment rate established with re-
15
spect to the lowest weight class of the live-
16
stock, as determined by the Secretary, act-
17
ing through the Administrator of the Farm
18
Service Agency.
19
‘‘(C) PAYMENT AMOUNT.—The amount of
20
a payment to an eligible producer that has in-
21
curred unborn livestock death losses shall be
22
equal to the payment rate determined under
23
subparagraph (B) multiplied, in the case of live-
24
stock described in—
25
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‘‘(i) subparagraph (A), (B), or (F) of
1
subsection (a)(4), by 1;
2
‘‘(ii) subparagraph (D) of such sub-
3
section, by 2;
4
‘‘(iii) subparagraph (E) of such sub-
5
section, by 12; and
6
‘‘(iv) subparagraph (G) of such sub-
7
section, by the average number of birthed
8
animals (for one gestation cycle) for the
9
species of each such livestock, as deter-
10
mined by the Secretary.
11
‘‘(D) UNBORN LIVESTOCK DEATH LOSSES
12
DEFINED.—In this paragraph, the term ‘unborn
13
livestock death losses’ means losses of any live-
14
stock described in subparagraph (A), (B), (D),
15
(E), (F), or (G) of subsection (a)(4) that was
16
gestating on the date of the death of the live-
17
stock.’’.
18
(2) LIVESTOCK FORAGE DISASTER PROGRAM.—
19
Section 1501(c)(3)(D)(ii)(I) of the Agricultural Act
20
of 2014 (7 U.S.C. 9081(c)(3)(D)(ii)(I)) is amend-
21
ed—
22
(A) by striking ‘‘1 monthly payment’’ and
23
inserting ‘‘2 monthly payments’’; and
24
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(B) by striking ‘‘county for at least 8 con-
1
secutive’’ and inserting the following: ‘‘county
2
for not less than—
3
‘‘(aa) 4 consecutive weeks
4
during the normal grazing period
5
for the county, as determined by
6
the Secretary, shall be eligible to
7
receive
assistance
under
this
8
paragraph in an amount equal to
9
1 monthly payment using the
10
monthly payment rate deter-
11
mined under subparagraph (B);
12
or
13
‘‘(bb) any of the 7 of the
14
previous 8 consecutive’’.
15
(3) EMERGENCY ASSISTANCE FOR LIVESTOCK,
16
HONEY
BEES, AND
FARM-RAISED
FISH.—Section
17
1501(d) of the Agricultural Act of 2014 (7 U.S.C.
18
9081(d)) is amended by adding at the end the fol-
19
lowing:
20
‘‘(5) ASSISTANCE FOR LOSSES DUE TO BIRD
21
DEPREDATION.—
22
‘‘(A) PAYMENTS.—Eligible producers on a
23
farm of farm-raised fish, including fish grown
24
as food for human consumption, shall be eligi-
25
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•HR 1 RH
ble to receive payments under this subsection to
1
aid in the reduction of losses due to piscivorous
2
birds.
3
‘‘(B) PAYMENT RATE.—
4
‘‘(i) IN GENERAL.—The payment rate
5
for payments under subparagraph (B)
6
shall be determined by the Secretary, tak-
7
ing into account—
8
‘‘(I) costs associated with the de-
9
terrence of piscivorous birds;
10
‘‘(II) the value of lost fish and
11
revenue due to bird depredation; and
12
‘‘(III) costs associated with dis-
13
ease loss from bird depredation.
14
‘‘(ii) MINIMUM RATE.—The payment
15
rate for payments under subparagraph (B)
16
shall be not less than $600 per acre of
17
farm-raised fish.
18
‘‘(C) PAYMENT AMOUNT.—The amount of
19
a payment under subparagraph (B) shall be the
20
product obtained by multiplying—
21
‘‘(i) the applicable payment rate under
22
subparagraph (C); and
23
‘‘(ii) 85 percent of the total number of
24
acres of farm-raised fish farms that the eli-
25
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gible producer has in production for the
1
calendar year.’’.
2
(4)
TREE
ASSISTANCE
PROGRAM.—Section
3
1501(e) of the Agricultural Act of 2014 (7 U.S.C.
4
9081(e)) is amended—
5
(A) in paragraph (2)(B), by striking ‘‘15
6
percent (adjusted for normal mortality)’’ and
7
inserting ‘‘normal mortality’’; and
8
(B) in paragraph (3)—
9
(i) in subparagraph (A)(i), by striking
10
‘‘15 percent mortality (adjusted for normal
11
mortality)’’ and inserting ‘‘normal mor-
12
tality’’; and
13
(ii) in subparagraph (B)—
14
(I) by striking ‘‘50’’ and insert-
15
ing ‘‘65’’; and
16
(II) by striking ‘‘15 percent dam-
17
age or mortality (adjusted for normal
18
tree damage and mortality)’’ and in-
19
serting ‘‘normal tree damage or mor-
20
tality’’.
21
(q) EMERGENCY ASSISTANCE FOR HONEYBEES.—In
22
determining honeybee colony losses eligible for assistance
23
under section 1501(d) of the Agricultural Act of 2014 (7
24
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77
•HR 1 RH
U.S.C. 9081(d)), the Secretary shall utilize a normal mor-
1
tality rate of 15 percent.
2
(r) BEGINNING AND VETERAN FARMER AND RANCH-
3
ER BENEFIT.—
4
(1) DEFINITIONS.—
5
(A) IN GENERAL.—Section 502(b) of the
6
Federal Crop Insurance Act (7 U.S.C. 1502(b))
7
is amended—
8
(i) in paragraph (3), by striking ‘‘5’’
9
and inserting ‘‘10’’; and
10
(ii) in paragraph (14)(B)—
11
(I) in clause (i), by adding ‘‘or’’
12
at the end after the semicolon;
13
(II) in clause (ii), by striking ‘‘5
14
years; or’’ and inserting ‘‘10 years.’’;
15
and
16
(III) in clause (iii), by striking
17
‘‘5-year’’ and inserting ‘‘10-year’’.
18
(B) CONFORMING
AMENDMENT.—Section
19
522(c)(7) of the Federal Crop Insurance Act (7
20
U.S.C. 1522(c)(7)) is amended by striking sub-
21
paragraph (F).
22
(2)
INCREASE
IN
ASSISTANCE.—Section
23
508(e)(8) of the Federal Crop Insurance Act (7
24
U.S.C. 1508(e)(8)) is amended—
25
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(A) by striking ‘‘Notwithstanding’’ and in-
1
serting the following:
2
‘‘(A) IN GENERAL.—Notwithstanding’’;
3
(B) in subparagraph (A) (as so des-
4
ignated), by striking ‘‘is 10 percentage points
5
greater than’’ and inserting ‘‘is the number of
6
percentage points specified in subparagraph (B)
7
greater than’’; and
8
(C) by adding at the end the following:
9
‘‘(B)
PERCENTAGE
POINTS
ADJUST-
10
MENTS.—The percentage points referred to in
11
subparagraph (A) are the following:
12
‘‘(i) For each of the first and second
13
reinsurance years that a beginning farmer
14
or rancher or veteran farmer or rancher
15
participates as a beginning farmer or
16
rancher or veteran farmer or rancher, re-
17
spectively, in the applicable policy or plan
18
of insurance, 15 percentage points.
19
‘‘(ii) For the third reinsurance year
20
that a beginning farmer or rancher or vet-
21
eran farmer or rancher participates as a
22
beginning farmer or rancher or veteran
23
farmer or rancher, respectively, in the ap-
24
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plicable policy or plan of insurance, 13 per-
1
centage points.
2
‘‘(iii) For the fourth reinsurance year
3
that a beginning farmer or rancher or vet-
4
eran farmer or rancher participates as a
5
beginning farmer or rancher or veteran
6
farmer or rancher, respectively, in the ap-
7
plicable policy or plan of insurance, 11 per-
8
centage points.
9
‘‘(iv) For each of the fifth through
10
tenth reinsurance years that a beginning
11
farmer or rancher or veteran farmer or
12
rancher participates as a beginning farmer
13
or rancher or veteran farmer or rancher,
14
respectively, in the applicable policy or
15
plan of insurance, 10 percentage points.’’.
16
(s) AREA-BASED CROP INSURANCE COVERAGE AND
17
AFFORDABILITY.—
18
(1) COVERAGE
LEVEL.—Section 508(c)(4) of
19
the
Federal
Crop
Insurance
Act
(7
U.S.C.
20
1508(c)(4)) is amended—
21
(A) by amending subparagraph (A)(ii) to
22
read as follows:
23
‘‘(ii) may be purchased at any level
24
not to exceed—
25
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•HR 1 RH
‘‘(I) in the case of the individual
1
yield or revenue coverage, 85 percent;
2
‘‘(II) in the case of individual
3
yield or revenue coverage aggregated
4
across multiple commodities, 90 per-
5
cent; and
6
‘‘(III) in the case of area yield or
7
revenue coverage (as determined by
8
the Corporation), 95 percent.’’; and
9
(B) in subparagraph (C)—
10
(i) in clause (ii), by striking ‘‘14’’ and
11
inserting ‘‘10’’; and
12
(ii) in clause (iii)(I), by striking ‘‘86’’
13
and inserting ‘‘90’’.
14
(2)
PREMIUM
COST
SHARE.—Section
15
508(e)(2)(H)(i) of the Federal Crop Insurance Act
16
(7 U.S.C. 1508(e)(2)(H)(i)) is amended by striking
17
‘‘65’’ and inserting ‘‘80’’.
18
(t) PREMIUM SUPPORT.—Section 508(e)(2) of the
19
Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is
20
amended—
21
(1) in subparagraph (C)(i), by striking ‘‘64’’
22
and inserting ‘‘69’’;
23
(2) in subparagraph (D)(i), by striking ‘‘59’’
24
and inserting ‘‘64’’;
25
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81
•HR 1 RH
(3) in subparagraph (E)(i), by striking ‘‘55’’
1
and inserting ‘‘60’’;
2
(4) in subparagraph (F)(i), by striking ‘‘48’’
3
and inserting ‘‘51’’; and
4
(5) in subparagraph (G)(i), by striking ‘‘38’’
5
and inserting ‘‘41’’.
6
(u) ADMINISTRATIVE AND OPERATING EXPENSE AD-
7
JUSTMENTS.—Section 508(k) of the Federal Crop Insur-
8
ance Act (7 U.S.C. 1508(k)) is amended by adding at the
9
end the following:
10
‘‘(10) ADDITIONAL EXPENSES.—
11
‘‘(A) IN
GENERAL.—Beginning with the
12
2026 reinsurance year and for each reinsurance
13
year thereafter, in addition to the terms and
14
conditions of the Standard Reinsurance Agree-
15
ment, to cover additional expenses for loss ad-
16
justment procedures, the Corporation shall pay
17
an additional administrative and operating ex-
18
pense subsidy to approved insurance providers
19
for eligible contracts.
20
‘‘(B) PAYMENT AMOUNT.—In the case of
21
an eligible contract, the payment to an ap-
22
proved insurance provider required under sub-
23
paragraph (A) shall be the amount equal to 6
24
percent of the net book premium.
25
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82
•HR 1 RH
‘‘(C) DEFINITIONS.—In this paragraph:
1
‘‘(i) ELIGIBLE STATE.—The term ‘eli-
2
gible State’ means a State—
3
‘‘(I) identified in State Group 2
4
or State Group 3 (as defined in the
5
Standard Reinsurance Agreement for
6
reinsurance year 2026); and
7
‘‘(II) in which, with respect to an
8
insurance year, the loss ratio for eligi-
9
ble contracts is greater than 120 per-
10
cent of the total net book premium
11
written by all approved insurance pro-
12
viders.
13
‘‘(ii)
ELIGIBLE
CONTRACTS.—The
14
term ‘eligible contract’—
15
‘‘(I) means a crop insurance con-
16
tract entered into by an approved in-
17
surance provider in an eligible State;
18
and
19
‘‘(II) does not include a contract
20
for—
21
‘‘(aa) catastrophic risk pro-
22
tection under subsection (b);
23
‘‘(bb) an area-based plan of
24
insurance or similar plan of in-
25
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83
•HR 1 RH
surance, as determined by the
1
Corporation; or
2
‘‘(cc) a policy under which
3
an approved insurance provider
4
does not incur loss adjustment
5
expenses, as determined by the
6
Corporation.
7
‘‘(11) SPECIALTY CROPS.—
8
‘‘(A) MINIMUM REIMBURSEMENT.—Begin-
9
ning with the 2026 reinsurance year and for
10
each reinsurance year thereafter, the rate of re-
11
imbursement to approved insurance providers
12
and agents for administrative and operating ex-
13
penses with respect to crop insurance contracts
14
covering agricultural commodities described in
15
section 101 of title I of the Specialty Crops
16
Competitiveness Act of 2004 (7 U.S.C. 1621
17
note) shall be equal to or greater than the per-
18
cent that is the greater of the following:
19
‘‘(i) 17 percent of the premium used
20
to define loss ratio.
21
‘‘(ii) The percent of the premium used
22
to define loss ratio that is otherwise appli-
23
cable for the reinsurance year under the
24
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84
•HR 1 RH
terms of the Standard Reinsurance Agree-
1
ment in effect for the reinsurance year.
2
‘‘(B) OTHER CONTRACTS.—In carrying out
3
subparagraph (A), the Corporation shall not re-
4
duce, with respect to any reinsurance year, the
5
amount or the rate of reimbursement to ap-
6
proved insurance providers and agents under
7
the Standard Reinsurance Agreement described
8
in clause (ii) of such subparagraph for adminis-
9
trative and operating expenses with respect to
10
contracts covering agricultural commodities
11
that are not subject to such subparagraph.
12
‘‘(C) ADMINISTRATION.—The requirements
13
of this paragraph and the adjustments made
14
pursuant to this paragraph shall not be consid-
15
ered a renegotiation under paragraph (8)(A).
16
‘‘(12) A&O INFLATION ADJUSTMENT.—
17
‘‘(A) IN
GENERAL.—Subject to subpara-
18
graph (B), for the 2026 reinsurance year, and
19
each reinsurance year thereafter, the Corpora-
20
tion shall increase the total administrative and
21
operating expense reimbursements otherwise re-
22
quired under the Standard Reinsurance Agree-
23
ment in effect for the reinsurance year in order
24
to account for inflation, in a manner consistent
25
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85
•HR 1 RH
with the increases provided with respect to the
1
2011 through 2015 reinsurance years under the
2
enclosure included in Risk Management Agency
3
Bulletin numbered MGR–10–007 and dated
4
June 30, 2010.
5
‘‘(B) SPECIAL RULE FOR 2026 REINSUR-
6
ANCE YEAR.—The increase under subparagraph
7
(A) for the 2026 reinsurance year shall not ex-
8
ceed the percentage change for the preceding
9
reinsurance year included in the Consumer
10
Price Index for All Urban Consumers published
11
by the Bureau of Labor Statistics of the De-
12
partment of Labor.
13
‘‘(C)
ADMINISTRATION.—An
increase
14
under subparagraph (A)—
15
‘‘(i) shall apply with respect to all
16
contracts covering agricultural commodities
17
that were subject to an increase during the
18
period of the 2011 through 2015 reinsur-
19
ance years under the enclosure referred to
20
in that subparagraph; and
21
‘‘(ii) shall not be considered to be a
22
renegotiation of the Standard Reinsurance
23
Agreement for purposes of paragraph
24
(8)(A).’’.
25
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86
•HR 1 RH
(v) PROGRAM COMPLIANCE AND INTEGRITY.—Sec-
1
tion 515(l)(2) of the Federal Crop Insurance Act (7
2
U.S.C. 1515(l)(2)) is amended by striking ‘‘than’’ and all
3
that follows through the period at the end and inserting
4
the following: ‘‘than—
5
‘‘(A) $4,000,000 for each of fiscal years
6
2009 through 2025; and
7
‘‘(B) $6,000,000 for fiscal year 2026 and
8
each subsequent fiscal year.’’.
9
(w) REVIEWS, COMPLIANCE, AND INTEGRITY.—Sec-
10
tion 516(b)(2)(C)(i) of the Federal Crop Insurance Act
11
(7 U.S.C. 1516(b)(2)(C)(i)) is amended by striking ‘‘each
12
fiscal year’’ and inserting ‘‘each of fiscal years 2014
13
through 2025 and $10,000,000 for fiscal year 2026 and
14
each fiscal year thereafter’’.
15
(x) POULTRY INSURANCE PILOT PROGRAM.—Section
16
523 of the Federal Crop Insurance Act (7 U.S.C. 1523)
17
is amended by adding at the end the following:
18
‘‘(j) POULTRY INSURANCE PILOT PROGRAM.—
19
‘‘(1) IN GENERAL.—Notwithstanding subsection
20
(a)(2), the Corporation shall establish a pilot pro-
21
gram under which contract poultry growers, includ-
22
ing growers of broilers and laying hens, may elect to
23
receive index-based insurance from extreme weather-
24
related risk resulting in increased utility costs (in-
25
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87
•HR 1 RH
cluding costs of natural gas, propane, electricity,
1
water, and other appropriate costs, as determined by
2
the Corporation) associated with poultry production.
3
‘‘(2) STAKEHOLDER ENGAGEMENT.—The Cor-
4
poration shall engage with poultry industry stake-
5
holders in establishing the pilot program under para-
6
graph (1).
7
‘‘(3) LOCATION.—The pilot program established
8
under paragraph (1) shall be conducted in a suffi-
9
cient number of counties to provide a comprehensive
10
evaluation of the feasibility, effectiveness, and de-
11
mand among producers in the top poultry producing
12
States, including Alabama, Arkansas, and Mis-
13
sissippi, as determined by the Corporation.
14
‘‘(4) APPROVAL OF POLICY OR PLAN.—Notwith-
15
standing section 508(l), the Board shall approve a
16
policy or plan of insurance based on the pilot pro-
17
gram under paragraph (1)—
18
‘‘(A) in accordance with section 508(h);
19
and
20
‘‘(B) not later than 24 months after the
21
date of enactment of this subsection.’’.
22
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88
•HR 1 RH
SEC. 10102. CONSERVATION.
1
(a) GRASSROOTS SOURCE WATER PROTECTION PRO-
2
GRAM.—Section 1240O(b) of the Food Security Act of
3
1985 (16 U.S.C. 3839bb–2(b)) is amended—
4
(1) in paragraph (1), by striking ‘‘2023’’ and
5
inserting ‘‘2031’’; and
6
(2) in paragraph (3)—
7
(A) in subparagraph (A), by striking the
8
‘‘and’’ at the end;
9
(B) in subparagraph (B), by striking the
10
period at the end and inserting ‘‘; and’’; and
11
(C) by adding at the end the following:
12
‘‘(C) $1,000,000 beginning in fiscal year
13
2026, to remain available until expended.’’.
14
(b) VOLUNTARY PUBLIC ACCESS AND HABITAT IN-
15
CENTIVE PROGRAM.—Section 1240R(f)(1) of the Food
16
Security Act of 1985 (16 U.S.C. 3839bb–5(f)(1)) is
17
amended—
18
(1) by striking the ‘‘and’’ after ‘‘2023,’’; and
19
(2) by inserting ‘‘, and $10,000,000 for each of
20
fiscal years 2025 through 2031’’ before the period at
21
the end.
22
(c) FERAL SWINE ERADICATION
AND CONTROL
23
PILOT PROGRAM.—Section 2408(g)(1) of the Agriculture
24
Improvement Act of 2018 (7 U.S.C. 8351 note; Public
25
Law 115–334) is amended—
26
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•HR 1 RH
(1) by striking ‘‘and’’ and inserting a comma;
1
and
2
(2) by inserting ‘‘, and $15,000,000 for each of
3
fiscal years 2025 through 2031’’ before the period at
4
the end.
5
(d) FUNDING.—
6
(1) IN GENERAL.—Section 1241(a) of the Food
7
Security Act of 1985 (16 U.S.C. 3841(a)) is amend-
8
ed—
9
(A) in paragraph (2), by striking subpara-
10
graphs (A) through (F) and inserting the fol-
11
lowing:
12
‘‘(A) $625,000,000 for fiscal year 2026;
13
‘‘(B) $650,000,000 for fiscal year 2027;
14
‘‘(C) $675,000,000 for fiscal year 2028;
15
‘‘(D) $700,000,000 for fiscal year 2029;
16
‘‘(E) $700,000,000 for fiscal year 2030;
17
and
18
‘‘(F) $700,000,000 for fiscal year 2031.’’;
19
and
20
(B) in paragraph (3)—
21
(i) in subparagraph (A), by striking
22
clauses (i) through (v) and inserting the
23
following:
24
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•HR 1 RH
‘‘(i) $2,655,000,000 for fiscal year
1
2026;
2
‘‘(ii) $2,855,000,000 for fiscal year
3
2027;
4
‘‘(iii) $3,255,000,000 for fiscal year
5
2028;
6
‘‘(iv) $3,255,000,000 for fiscal year
7
2029;
8
‘‘(v) $3,255,000,000 for fiscal year
9
2030; and
10
‘‘(vi) $3,255,000,000 for fiscal year
11
2031; and’’; and
12
(ii) in subparagraph (B), by striking
13
clauses (i) through (v) and inserting the
14
following:
15
‘‘(i) $1,300,000,000 for fiscal year
16
2026;
17
‘‘(ii) $1,325,000,000 for fiscal year
18
2027;
19
‘‘(iii) $1,350,000,000 for fiscal year
20
2028;
21
‘‘(iv) $1,375,000,000 for fiscal year
22
2029;
23
‘‘(v) $1,375,000,000 for fiscal year
24
2030; and
25
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91
•HR 1 RH
‘‘(vi) $1,375,000,000 for fiscal year
1
2031.’’.
2
(2) REGIONAL
CONSERVATION
PARTNERSHIP
3
PROGRAM.—Section 1271D of the Food Security Act
4
of 1985 (16 U.S.C. 3871d) is amended by striking
5
subsection (a) and inserting the following:
6
‘‘(a) AVAILABILITY OF FUNDING.—Of the funds of
7
the Commodity Credit Corporation, the Secretary shall
8
use to carry out the program, to the maximum extent
9
practicable—
10
‘‘(1) $425,000,000 for fiscal year 2026;
11
‘‘(2) $450,000,000 for fiscal year 2027;
12
‘‘(3) $450,000,000 for fiscal year 2028;
13
‘‘(4) $450,000,000 for fiscal year 2029;
14
‘‘(5) $450,000,000 for fiscal year 2030; and
15
‘‘(6) $450,000,000 for fiscal year 2031.’’.
16
(3) WATERSHED PROTECTION AND FLOOD PRE-
17
VENTION.—Section 15 of the Watershed Protection
18
and Flood Prevention Act (16 U.S.C. 1012a) is
19
amended—
20
(A) by striking ‘‘$50,000,000 for fiscal
21
year 2019’’ and inserting ‘‘$150,000,000 for
22
fiscal year 2026’’; and
23
(B) by inserting ‘‘, to remain available
24
until expended’’ before the period at the end.
25
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92
•HR 1 RH
(4) RESCISSION.—The unobligated balances of
1
amounts appropriated by section 21001(a) of Public
2
Law 117–169 (136 Stat. 2015) are rescinded.
3
SEC. 10103. TRADE.
4
Section 203(f) of the Agricultural Trade Act of 1978
5
(7 U.S.C. 5623(f)) is amended—
6
(1) in paragraph (2)—
7
(A) by striking ‘‘For each of fiscal years’’
8
and inserting ‘‘(A) IN GENERAL.—For each of
9
fiscal years’’; and
10
(B) by adding at the end the following new
11
subparagraph:
12
‘‘(B) FISCAL YEARS 2026 THROUGH 2031.—
13
For each of fiscal years 2026 through 2031, of
14
the funds of, or an equal value of commodities
15
owned by, the Commodity Credit Corporation,
16
the Secretary shall use to carry out this section
17
$489,500,000, to remain available until ex-
18
pended.’’;
19
(2) by redesignating paragraphs (4) and (5) as
20
paragraphs (5) and (6), respectively;
21
(3) by inserting after paragraph (3) the fol-
22
lowing new paragraph:
23
‘‘(4) ALLOCATIONS
FOR
FISCAL
YEARS 2026
24
THROUGH 2031.—
25
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•HR 1 RH
‘‘(A) IN
GENERAL.—For each of fiscal
1
years 2026 through 2031, the Secretary shall
2
allocate funds to carry out this section in ac-
3
cordance with the following:
4
‘‘(i) MARKET ACCESS PROGRAM.—For
5
market access activities authorized under
6
subsection (b), of the funds of, or an equal
7
value of commodities owned by, the Com-
8
modity Credit Corporation, not less than
9
$400,000,000 for each fiscal year.
10
‘‘(ii) FOREIGN
MARKET
DEVELOP-
11
MENT COOPERATOR PROGRAM.—To carry
12
out subsection (c), of the funds of, or an
13
equal value of commodities owned by, the
14
Commodity Credit Corporation, not less
15
than $69,000,000 for each fiscal year.
16
‘‘(iii) E (KIKA) DE LA GARZA EMERG-
17
ING MARKETS PROGRAM.—To provide as-
18
sistance under subsection (d), of the funds
19
of, or an equal value of commodities owned
20
by, the Commodity Credit Corporation, not
21
more than $8,000,000 for each fiscal year.
22
‘‘(iv) TECHNICAL
ASSISTANCE
FOR
23
SPECIALTY
CROPS.—To carry out sub-
24
section (e), of the funds of, or an equal
25
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94
•HR 1 RH
value of the commodities owned by, the
1
Commodity
Credit
Corporation,
2
$9,000,000 for each fiscal year.
3
‘‘(v) PRIORITY TRADE FUND.—
4
‘‘(I) IN
GENERAL.—In addition
5
to
the
amounts
allocated
under
6
clauses (i) through (iv), and notwith-
7
standing any limitations in those
8
clauses, as determined by the Sec-
9
retary, for 1 or more programs under
10
this section for authorized activities to
11
access, develop, maintain, and expand
12
markets for United States agricultural
13
commodities, $3,500,000 for each fis-
14
cal year.
15
‘‘(II) CONSIDERATIONS.—In allo-
16
cating funds made available under
17
subclause (I), the Secretary may con-
18
sider providing a greater allocation to
19
1 or more programs under this section
20
for which the amounts requested
21
under applications exceed available
22
funding for the 1 or more programs.
23
‘‘(B) REALLOCATION.—Any funds allo-
24
cated under clauses (i) through (iv) of subpara-
25
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•HR 1 RH
graph (A) that remain unobligated one year
1
after the end of the fiscal year in which they
2
are first made available shall be reallocated to
3
the priority trade fund under subparagraph
4
(A)(v). To the maximum extent practicable, the
5
Secretary shall allocate such reallocated funds
6
to support exports of those types of United
7
States agricultural commodities eligible for as-
8
sistance under the program for which the funds
9
were originally allocated under subparagraph
10
(A).’’; and
11
(4) in paragraph (6), as so redesignated, by in-
12
serting ‘‘, paragraph (4)(A)(v),’’ after ‘‘paragraph
13
(3)(A)(v)’’.
14
SEC. 10104. RESEARCH.
15
(a) URBAN, INDOOR, AND OTHER EMERGING AGRI-
16
CULTURAL PRODUCTION RESEARCH, EDUCATION, AND
17
EXTENSION INITIATIVE.—Section 1672E(d)(1)(B) of the
18
Food, Agriculture, Conservation, and Trade Act of 1990
19
(7 U.S.C. 5925g(d)(1)(B)) is amended by striking ‘‘fiscal
20
year 2024, to remain available until expended’’ and insert-
21
ing ‘‘each of fiscal years 2024 through 2031’’.
22
(b) FOUNDATION FOR FOOD AND AGRICULTURE RE-
23
SEARCH.—Section 7601(g)(1)(A) of the Agricultural Act
24
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96
•HR 1 RH
of 2014 (7 U.S.C. 5939(g)(1)(A)) is amended adding at
1
the end the following:
2
‘‘(iv) FURTHER
FUNDING.—Of the
3
funds of the Commodity Credit Corpora-
4
tion, the Secretary shall transfer to the
5
Foundation to carry out this section, to re-
6
main available until expended, not later
7
than 30 days after the date of enactment
8
of this clause, $37,000,000.’’.
9
(c) SCHOLARSHIPS FOR STUDENTS AT 1890 INSTI-
10
TUTIONS.—Section 1446 of the National Agricultural Re-
11
search, Extension, and Teaching Policy Act of 1977 (7
12
U.S.C. 3222a) is amended—
13
(1) in subsection (a)—
14
(A) by striking paragraph (3); and
15
(B) by redesignating paragraph (4) as
16
paragraph (3); and
17
(2) in subsection (b), by amending paragraph
18
(1) to read as follows:
19
‘‘(1) MANDATORY FUNDING.—Of the funds of
20
the Commodity Credit Corporation, the Secretary
21
shall make available to carry out this section
22
$60,000,000 for fiscal year 2026, to remain avail-
23
able until expended.’’.
24
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97
•HR 1 RH
(d) ASSISTIVE TECHNOLOGY PROGRAM FOR FARM-
1
ERS WITH DISABILITIES.—Section 1680(c) of the Food,
2
Agriculture, Conservation, and Trade Act of 1990 (7
3
U.S.C. 5933(c)) is amended—
4
(1) in the subsection heading, by striking ‘‘AU-
5
THORIZATION
OF APPROPRIATIONS’’ and inserting
6
‘‘FUNDING’’;
7
(2) by redesignating paragraphs (1) and (2) as
8
paragraphs (2) and (3), respectively; and
9
(3) by inserting before paragraph (2), as so re-
10
designated, the following:
11
‘‘(1) MANDATORY FUNDING.—Of the funds of
12
the Commodity Credit Corporation, the Secretary
13
shall use to carry out this section $8,000,000, to re-
14
main available until expended.’’; and
15
(4) in paragraph (2), as so redesignated—
16
(A) in the paragraph heading, by striking
17
‘‘IN GENERAL’’ and inserting ‘‘AUTHORIZATION
18
OF APPROPRIATIONS’’; and
19
(B) by striking ‘‘Subject to paragraph (2)’’
20
and inserting ‘‘Subject to paragraph (3)’’.
21
(e) SPECIALTY CROP RESEARCH INITIATIVE.—Sec-
22
tion 412(k)(1)(B) of the Agricultural Research, Exten-
23
sion, and Education Reform Act of 1998 (7 U.S.C.
24
7632(k)(1)(B))
is
amended
by
striking
‘‘section
25
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98
•HR 1 RH
$80,000,000 for fiscal year 2014’’ and inserting the fol-
1
lowing: ‘‘section—
2
‘‘(i) $80,000,000 for each of fiscal
3
years 2014 through 2025; and
4
‘‘(ii) $175,000,000 for fiscal year
5
2026’’.
6
(f) RESEARCH FACILITIES ACT.—Section 6 of the
7
Research Facilities Act (7 U.S.C. 390d) is amended—
8
(1) in the section heading by striking ‘‘AU-
9
THORIZATION OF APPROPRIATIONS’’ and insert-
10
ing ‘‘FUNDING’’; and
11
(2) in subsection (a)—
12
(A) by striking ‘‘(a) IN GENERAL.—Sub-
13
ject to’’ and inserting the following:
14
‘‘(a) IN GENERAL.—
15
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.—
16
Subject to’’; and
17
(B) by adding at the end the following:
18
‘‘(2) MANDATORY FUNDING.—Of the funds of
19
the Commodity Credit Corporation, the Secretary
20
shall make available to carry out the competitive
21
grant program under section 4, $125,000,000 for
22
each fiscal year beginning with fiscal year 2026.’’.
23
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99
•HR 1 RH
SEC. 10105. SECURE RURAL SCHOOLS; FORESTRY.
1
(a) EXTENSION OF CERTAIN PROVISIONS OF SECURE
2
RURAL SCHOOLS
AND COMMUNITY SELF-DETERMINA-
3
TION ACT OF 2000.—
4
(1) SECURE PAYMENTS FOR STATES AND COUN-
5
TIES CONTAINING FEDERAL LAND.—
6
(A) SECURE PAYMENTS.—Section 101 of
7
the Secure Rural Schools and Community Self-
8
Determination Act of 2000 (16 U.S.C. 7111) is
9
amended—
10
(i) in subsections (a) and (b), by
11
striking ‘‘2023’’ each place it appears and
12
inserting ‘‘2026’’; and
13
(ii) by adding at the end the fol-
14
lowing:
15
‘‘(e) SPECIAL RULE FOR FISCAL YEAR 2024 PAY-
16
MENTS.—
17
‘‘(1) STATE PAYMENT.—If an eligible county in
18
a State that will receive a share of the State pay-
19
ment for fiscal year 2024 has already received, or
20
will receive, a share of the 25-percent payment for
21
fiscal year 2024 distributed to the State before the
22
date of enactment of this subsection—
23
‘‘(A) if the amount of the State payment
24
exceeds the amount of the 25-percent payment,
25
the amount of the State payment shall be re-
26
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100
•HR 1 RH
duced by the amount of the share of the eligible
1
county of the 25-percent payment; or
2
‘‘(B) if the amount of the State payment
3
is less than or equal to the amount of the 25-
4
percent payment, the eligible county—
5
‘‘(i) may retain the amount of the
6
share of the eligible county of the 25-per-
7
cent payment; and
8
‘‘(ii) if so retained, such amount shall
9
be treated as if it were received by the
10
county as a State payment for purposes of
11
this Act.
12
‘‘(2) COUNTY PAYMENT.—If an eligible county
13
that will receive a county payment for fiscal year
14
2024 has already received a 50-percent payment for
15
fiscal year 2024—
16
‘‘(A) if the amount of the county payment
17
exceeds the amount of the 50-percent payment,
18
the amount of the county payment shall be re-
19
duced by the amount of the 50-percent pay-
20
ment; or
21
‘‘(B) if the amount of the county payment
22
is less than or equal to the amount of the 50-
23
percent payment, the eligible county—
24
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101
•HR 1 RH
‘‘(i) may retain the amount of the 50-
1
percent payment; and
2
‘‘(ii) if so retained, such amount shall
3
be treated as if it were received as a coun-
4
ty payment for purposes of this Act.
5
‘‘(3) TIMELY
PAYMENT.—Not later than 90
6
days after the date of enactment of this subsection,
7
the Secretary of the Treasury shall make all pay-
8
ments under this title for fiscal year 2024.’’.
9
(B) DISTRIBUTION OF PAYMENTS TO ELI-
10
GIBLE COUNTIES.—Section 103(d)(2) of the Se-
11
cure Rural Schools and Community Self-Deter-
12
mination Act of 2000 (16 U.S.C. 7113(d)(2)) is
13
amended by striking ‘‘2023’’ and inserting
14
‘‘2026’’.
15
(2) PAYMENTS TO STATES AND COUNTIES.—
16
Section 102 of the Secure Rural Schools and Com-
17
munity Self-Determination Act of 2000 (16 U.S.C.
18
7112) is amended—
19
(A) in subsection (b)—
20
(i) in paragraph (1), by adding at the
21
end the following:
22
‘‘(E) PAYMENTS
FOR
EACH
OF
FISCAL
23
YEARS 2024 AND 2025.—The election otherwise
24
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102
•HR 1 RH
required by subparagraph (A) shall not apply
1
for each of fiscal years 2024 and 2025.’’; and
2
(ii) in paragraph (2), by adding at the
3
end the following:
4
‘‘(C) FISCAL YEARS 2024 AND 2025.—The
5
election described in paragraph (1)(A) applica-
6
ble to a county in fiscal year 2023 shall be ef-
7
fective for each of fiscal years 2024 and
8
2025.’’; and
9
(B) in subsection (d)—
10
(i) in paragraph (1), by adding at the
11
end the following:
12
‘‘(G) PAYMENTS
FOR
EACH
OF
FISCAL
13
YEARS 2024 AND 2025.—The election made by
14
an eligible county under subparagraph (B), (C),
15
or (D) for fiscal year 2023, or deemed to be
16
made by the county under paragraph (3)(B) for
17
that fiscal year, shall be effective for each of
18
fiscal years 2024 and 2025.’’; and
19
(ii) in paragraph (3), by adding at the
20
end the following:
21
‘‘(E) PAYMENTS
FOR
EACH
OF
FISCAL
22
YEARS
2024
AND
2025.—This paragraph does
23
not apply for each of fiscal years 2024 and
24
2025.’’.
25
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103
•HR 1 RH
(3) EXTENSION OF AUTHORITY TO CONDUCT
1
SPECIAL PROJECTS ON FEDERAL LAND.—
2
(A) COMMITTEE ON COMPOSITION WAIVER
3
AUTHORITY.—Section 205(d)(6)(C) of the Se-
4
cure Rural Schools and Community Self-Deter-
5
mination
Act
of
2000
(16
U.S.C.
6
7125(d)(6)(C)) is amended by striking ‘‘2023’’
7
and inserting ‘‘2026’’.
8
(B) EXTENSION OF AUTHORITY.—Section
9
208 of the Secure Rural Schools and Commu-
10
nity Self-Determination Act of 2000 (16 U.S.C.
11
7128) is amended—
12
(i) in subsection (a), by striking
13
‘‘2025’’ and inserting ‘‘2028’’; and
14
(ii) in subsection (b), by striking
15
‘‘2026’’ and inserting ‘‘2029’’.
16
(4) EXTENSION
OF
AUTHORITY
TO
EXPEND
17
COUNTY FUNDS.—Section 305 of the Secure Rural
18
Schools and Community Self-Determination Act of
19
2000 (16 U.S.C. 7144) is amended—
20
(A) in subsection (a), by striking ‘‘2025’’
21
and inserting ‘‘2028’’; and
22
(B) in subsection (b), by striking ‘‘2026’’
23
and inserting ‘‘2029’’.
24
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104
•HR 1 RH
(b) RESOURCE ADVISORY COMMITTEE PILOT PRO-
1
GRAM EXTENSION.—Section 205(g) of the Secure Rural
2
Schools and Community Self-Determination Act of 2000
3
(16 U.S.C. 7125(g)) is amended—
4
(1) in paragraph (5), by striking ‘‘2023’’ and
5
inserting ‘‘2026’’; and
6
(2) by striking paragraph (6).
7
(c) TECHNICAL CORRECTIONS.—
8
(1) RESOURCE
ADVISORY
COMMITTEES.—Sec-
9
tion 205 of the Secure Rural Schools and Commu-
10
nity Self-Determination Act of 2000 (16 U.S.C.
11
7125) is amended—
12
(A) in subsection (c)—
13
(i) in paragraph (1), by striking ‘‘con-
14
cerned,’’ and inserting ‘‘concerned’’; and
15
(ii) in paragraph (3), by striking ‘‘the
16
date of the enactment of this Act’’ and in-
17
serting ‘‘October 3, 2008’’; and
18
(B) in subsection (d)(4), by striking ‘‘to
19
extent’’ and inserting ‘‘to the extent’’.
20
(2)
USE
OF
PROJECT
FUNDS.—Section
21
206(b)(2) of the Secure Rural Schools and Commu-
22
nity Self-Determination Act of 2000 (16 U.S.C.
23
7126(b)(2)) is amended by striking ‘‘concerned,’’
24
and inserting ‘‘concerned’’.
25
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105
•HR 1 RH
(d) RESCISSIONS.—
1
(1) COMPETITIVE GRANTS FOR NON-FEDERAL
2
FOREST LANDOWNERS.—All of the unobligated bal-
3
ances of the funds made available under each of
4
paragraphs (1) through (4) of section 23002(a) of
5
subtitle D of Public Law 117–169 are rescinded.
6
(2) STATE AND PRIVATE FORESTRY CONSERVA-
7
TION PROGRAMS.—Of the unobligated balances avail-
8
able under section 23003(a)(1) of subtitle D of Pub-
9
lic Law 117–169, $100,719,676 are rescinded.
10
SEC. 10106. ENERGY.
11
(a)
BIOBASED
MARKETS
PROGRAM.—Section
12
9002(k)(1) of the Farm Security and Rural Investment
13
Act of 2002 (7 U.S.C. 8102(k)(1)) is amended by striking
14
‘‘2024’’ and inserting ‘‘2031’’.
15
(b)
BIOENERGY
PROGRAM
FOR
ADVANCED
16
BIOFUELS.—Section 9005(g)(1)(F) of the Farm Security
17
and
Rural
Investment
Act
of
2002
(7
U.S.C.
18
8105(g)(1)(F)) is amended by striking ‘‘2024’’ and insert-
19
ing ‘‘2031’’.
20
SEC. 10107. HORTICULTURE.
21
(a) PLANT PEST AND DISEASE MANAGEMENT AND
22
DISASTER PREVENTION.—Section 420(f) of the Plant
23
Protection Act (7 U.S.C. 7721) is amended—
24
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106
•HR 1 RH
(1) in paragraph (5), by striking ‘‘and’’ at the
1
end;
2
(2) by redesignating paragraph (6) as para-
3
graph (7);
4
(3) by inserting after paragraph (5) the fol-
5
lowing:
6
‘‘(6) $75,000,000 for each of fiscal years 2018
7
through 2025; and’’; and
8
(4) in paragraph (7) (as so redesignated), by
9
striking ‘‘$75,000,000 for fiscal year 2018’’ and in-
10
serting ‘‘$90,000,000 for fiscal year 2026’’.
11
(b) SPECIALTY
CROP
BLOCK
GRANTS.—Section
12
101(l)(1) of the Specialty Crops Competitiveness Act of
13
2004 (7 U.S.C. 1621 note; Public Law 108–465) is
14
amended—
15
(1) in subparagraph (D), by striking ‘‘and’’ at
16
the end;
17
(2) by redesignating subparagraph (E) as sub-
18
paragraph (F);
19
(3) by inserting after subparagraph (D) the fol-
20
lowing:
21
‘‘(E) $85,000,000 for each of fiscal years
22
2018 through 2025; and’’; and
23
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107
•HR 1 RH
(4) in subparagraph (F) (as so redesignated),
1
by striking ‘‘$85,000,000 for fiscal year 2018’’ and
2
inserting ‘‘$100,000,000 for fiscal year 2026’’.’’.
3
(c) ORGANIC PRODUCTION AND MARKET DATA INI-
4
TIATIVE.—Section 7407(d)(1) of the Farm Security and
5
Rural Investment Act of 2002 (7 U.S.C. 5925c(d)(1)) is
6
amended—
7
(1) in subparagraph (B), by striking ‘‘and’’ at
8
the end;
9
(2) in subparagraph (C), by striking the period
10
at the end and inserting ‘‘; and’’; and
11
(3) by adding at the end the following:
12
‘‘(D) $10,000,000 for the period of fiscal
13
years 2026 through 2031.’’.
14
(d) MODERNIZATION AND IMPROVEMENT OF INTER-
15
NATIONAL TRADE TECHNOLOGY SYSTEMS
AND DATA
16
COLLECTION FUNDING.—Section 2123(c)(4) of the Or-
17
ganic Foods Production Act of 1990 (7 U.S.C.
18
6522(c)(4)) is amended, in the matter preceding subpara-
19
graph (A), by striking ‘‘and $1,000,000 for fiscal year
20
2024’’ and inserting ‘‘, $1,000,000 for fiscal years 2024
21
and 2025, and $5,000,000 for fiscal year 2026’’.
22
(e) NATIONAL ORGANIC CERTIFICATION COST-SHARE
23
PROGRAM.—Section 10606(d)(1)(C) of the Farm Security
24
and
Rural
Investment
Act
of
2002
(7
U.S.C.
25
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108
•HR 1 RH
6523(d)(1)(C)) is amended by striking ‘‘for each of fiscal
1
years 2022 through 2024’’ and inserting ‘‘for each of fis-
2
cal years 2022 through 2031’’.
3
(f) MULTIPLE CROP AND PESTICIDE USE SURVEY.—
4
Section 10109(c)(1) of the Agriculture Improvement Act
5
of 2018 (Public Law 115–334; 132 Stat. 4906) is amend-
6
ed to read as follows:
7
‘‘(1) MANDATORY FUNDING.—Of the funds of
8
the Commodity Credit Corporation, the Secretary
9
shall use to carry out this section—
10
‘‘(A) $500,000 for fiscal year 2019, to re-
11
main available until expended;
12
‘‘(B) $100,000 for fiscal year 2024, to re-
13
main available until expended; and
14
‘‘(C) $5,000,000 for fiscal year 2026, to
15
remain available until expended.’’.
16
SEC. 10108. MISCELLANEOUS.
17
(a) ANIMAL DISEASE PREVENTION AND MANAGE-
18
MENT.—Section 10409A(d)(1) of the Animal Health Pro-
19
tection Act (7 U.S.C. 8308a(d)(1)) is amended to read
20
as follows:
21
‘‘(1) MANDATORY FUNDING.—
22
‘‘(A)
FISCAL
YEARS
2023
THROUGH
23
2025.—Of the funds of the Commodity Credit
24
Corporation, the Secretary shall make available
25
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109
•HR 1 RH
to carry out this section $30,000,000 for each
1
of fiscal years 2023 through 2025, of which not
2
less than $18,000,000 shall be made available
3
for each of those fiscal years to carry out sub-
4
section (b).
5
‘‘(B)
FISCAL
YEARS
2026
THROUGH
6
2030.—Of the funds of the Commodity Credit
7
Corporation, the Secretary shall make available
8
to carry out this section $233,000,000 for each
9
of fiscal years 2026 through 2030, of which—
10
‘‘(i) not less than $10,000,000 shall
11
be made available for each such fiscal year
12
to carry out subsection (a);
13
‘‘(ii) not less than $70,000,000 shall
14
be made available for each such fiscal year
15
to carry out subsection (b); and
16
‘‘(iii) not less than $153,000,000 shall
17
be made available for each such fiscal year
18
to carry out subsection (c).
19
‘‘(C) SUBSEQUENT FISCAL YEARS.—Of the
20
funds of the Commodity Credit Corporation, the
21
Secretary shall make available to carry out this
22
section $75,000,000 for fiscal year 2031 and
23
each fiscal year thereafter, of which not less
24
than $45,000,000 shall be made available for
25
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110
•HR 1 RH
each of those fiscal years to carry out sub-
1
section (b).’’.
2
(b) SHEEP PRODUCTION AND MARKETING GRANT
3
PROGRAM.—Section 209(c) of the Agricultural Marketing
4
Act of 1946 (7 U.S.C. 1627a(c)) is amended—
5
(1) by striking ‘‘$2,000,000 for fiscal year
6
2019, and’’; and
7
(2) by inserting ‘‘and $3,000,000 for fiscal year
8
2026’’ after ‘‘fiscal year 2024’’.
9
(c) MISCELLANEOUS TRUST FUNDS.—
10
(1)
PIMA
AGRICULTURE
COTTON
TRUST
11
FUND.—Section 12314 of the Agricultural Act of
12
2014 (7 U.S.C. 2101 note; Public Law 113–79) is
13
amended—
14
(A) in subsection (b), in the matter pre-
15
ceding paragraph (1), by striking ‘‘2024’’ and
16
inserting ‘‘2031’’; and
17
(B) in subsection (h), by striking ‘‘2024’’
18
and inserting ‘‘2031’’.
19
(2) AGRICULTURE
WOOL
APPAREL
MANUFAC-
20
TURERS TRUST FUND.—Section 12315 of the Agri-
21
cultural Act of 2014 (7 U.S.C. 7101 note; Public
22
Law 113–79) is amended by striking ‘‘2024’’ each
23
place it appears and inserting ‘‘2031’’.
24
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111
•HR 1 RH
(3) WOOL RESEARCH AND PROMOTION.—Sec-
1
tion 12316(a) of the Agricultural Act of 2014 (7
2
U.S.C. 7101 note; Public Law 113–79) is amended
3
by striking ‘‘2024’’ and inserting ‘‘2031’’.
4
(4) EMERGENCY
CITRUS
DISEASE
RESEARCH
5
AND
DEVELOPMENT
TRUST
FUND.—Section
6
12605(d) of the Agriculture Improvement Act of
7
2018 (7 U.S.C. 7632 note; Public Law 115–334) is
8
amended by striking ‘‘2024’’ and inserting ‘‘2031’’.
9
TITLE II—COMMITTEE ON
10
ARMED SERVICES
11
SEC. 20001. ENHANCEMENT OF DEPARTMENT OF DEFENSE
12
RESOURCES FOR IMPROVING THE QUALITY
13
OF LIFE FOR MILITARY PERSONNEL.
14
(a) APPROPRIATIONS.—In addition to amounts other-
15
wise available, there are appropriated to the Secretary of
16
Defense for fiscal year 2025, out of any money in the
17
Treasury not otherwise appropriated, to remain available
18
until September 30, 2029—
19
(1) $230,480,000 for restoration and mod-
20
ernization costs under the Marine Corps Barracks
21
2030 initiative;
22
(2) $119,000,000 for base operating support
23
costs under the Marine Corps Barracks 2030 initia-
24
tive;
25
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•HR 1 RH
(3) $1,000,000,000 for Army, Navy, Air Force,
1
and Space Force sustainment, restoration, and mod-
2
ernizations of military unaccompanied housing;
3
(4) $2,000,000,000 for the Defense Health
4
Program;
5
(5) $2,900,000,000 to supplement the basic al-
6
lowance for housing payable to members of the
7
Armed Forces, notwithstanding section 403 of title
8
37, United States Code;
9
(6) $50,000,000 for bonuses, special pays, and
10
incentive pays for members of the Armed Forces
11
pursuant to titles 10 and 37, United States Code;
12
(7) $10,000,000 for the Defense Activity for
13
Non-Traditional Education Support’s Online Aca-
14
demic Skills Course program for members of the
15
Armed Forces;
16
(8) $100,000,000 for tuition assistance for
17
members of the Armed Forces pursuant to title 10,
18
United States Code;
19
(9) $100,000,000 for child care fee assistance
20
for members of the Armed Forces under part II of
21
chapter 88 of title 10, United States Code;
22
(10) $590,000,000 to increase the Temporary
23
Lodging Expense Allowance under chapter 8 of title
24
37, United States Code, to 21 days;
25
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•HR 1 RH
(11) $100,000,000 for Department of Defense
1
Impact Aid payments to local educational agencies
2
under section 2008 of title 10, United States Code;
3
(12) $10,000,000 for military spouse profes-
4
sional licensure under section 1784 of title 10,
5
United States Code;
6
(13) $6,000,000 for Armed Forces Retirement
7
Home facilities; and
8
(14) $100,000,000 for the Defense Community
9
Infrastructure Program.
10
(b) TEMPORARY INCREASE
IN PERCENTAGE
OF
11
VALUE
OF
AUTHORIZED
INVESTMENT
IN
CERTAIN
12
PRIVATIZED MILITARY HOUSING PROJECTS.—
13
(1) IN GENERAL.—During the period beginning
14
on the date of the enactment of this section and
15
ending on September 30, 2029, the Secretary con-
16
cerned shall apply—
17
(A) paragraph (1) of subsection (c) of sec-
18
tion 2875 of title 10, United States Code, by
19
substituting ‘‘60 percent’’ for ‘‘33 1⁄3 per-
20
cent’’; and
21
(B) paragraph (2) of such subsection by
22
substituting ‘‘60 percent’’ for ‘‘45 percent’’.
23
(2) SECRETARY CONCERNED DEFINED.—In this
24
subsection, the term ‘‘Secretary concerned’’ has the
25
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•HR 1 RH
meaning given such term in section 101 of title 10,
1
United States Code.
2
(c) TEMPORARY AUTHORITY FOR ACQUISITION OR
3
CONSTRUCTION
OF PRIVATIZED MILITARY UNACCOM-
4
PANIED HOUSING.—Section 2881a of title 10, United
5
States Code, is amended—
6
(1) by striking the heading and inserting
7
‘‘Temporary authority for acquisition or
8
construction of privatized military unac-
9
companied housing’’;
10
(2) by striking ‘‘Secretary of the Navy’’ each
11
place it appears and inserting ‘‘Secretary con-
12
cerned’’;
13
(3) by striking ‘‘under the pilot projects’’ each
14
place it appears and inserting ‘‘pursuant to this sec-
15
tion’’;
16
(4) in subsection (a)—
17
(A) by striking the heading and inserting
18
‘‘IN GENERAL’’; and
19
(B) by striking ‘‘carry out not more than
20
three pilot projects under the authority of this
21
section or another provision of this subchapter
22
to use the private sector’’ and inserting ‘‘use
23
the authority under this subchapter to enter
24
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115
•HR 1 RH
into contracts with appropriate private sector
1
entities’’;
2
(5) in subsection (c), by striking ‘‘privatized
3
housing’’ and inserting ‘‘privatized housing units’’;
4
(6) by redesignating subsection (f) as sub-
5
section (e); and
6
(7) in subsection (e) (as so redesignated)—
7
(A) by striking ‘‘under the pilot programs’’
8
and inserting ‘‘under this section’’; and
9
(B) by striking ‘‘September 30, 2009’’ and
10
inserting ‘‘September 30, 2029’’.
11
SEC. 20002. ENHANCEMENT OF DEPARTMENT OF DEFENSE
12
RESOURCES FOR SHIPBUILDING.
13
In addition to amounts otherwise available, there are
14
appropriated to the Secretary of Defense for fiscal year
15
2025, out of any money in the Treasury not otherwise ap-
16
propriated, to remain available until September 30,
17
2029—
18
(1) $250,000,000 for the expansion of acceler-
19
ated Training in Defense Manufacturing program;
20
(2) $250,000,000 for United States production
21
of turbine generators for shipbuilding industrial
22
base;
23
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•HR 1 RH
(3) $450,000,000 for United States additive
1
manufacturing for wire production and machining
2
capacity for shipbuilding industrial base;
3
(4) $492,000,000 for next-generation ship-
4
building techniques;
5
(5) $85,000,000 for United States-made steel
6
plate for shipbuilding industrial base;
7
(6) $50,000,000 for machining capacity for
8
naval propellers for shipbuilding industrial base;
9
(7) $110,000,000 for rolled steel and fabrica-
10
tion facility for shipbuilding industrial base;
11
(8) $400,000,000 for expansion of collaborative
12
campus for naval shipbuilding;
13
(9) $450,000,000 for application of autonomy
14
and artificial intelligence to naval shipbuilding;
15
(10) $500,000,000 for the adoption of advanced
16
manufacturing techniques in the maritime industrial
17
base;
18
(11) $500,000,000 for additional dry-dock ca-
19
pability;
20
(12) $50,000,000 for the expansion of cold
21
spray repair technologies;
22
(13) $450,000,000 for additional maritime in-
23
dustrial workforce development programs;
24
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•HR 1 RH
(14) $750,000,000 for additional supplier devel-
1
opment across the naval shipbuilding industrial base;
2
(15) $250,000,000 for additional advanced
3
manufacturing processes across the naval ship-
4
building industrial base;
5
(16) $4,600,000,000 for a second Virginia-class
6
submarine in fiscal year 2027;
7
(17) $5,400,000,000 for two additional Guided
8
Missile Destroyer (DDG) ships;
9
(18) $160,000,000 for advanced procurement
10
for Landing Ship Medium;
11
(19) $1,803,941,000 for procurement of Land-
12
ing Ship Medium;
13
(20) $295,000,000 for development of a second
14
Landing Craft Utility shipyard and production of
15
additional Landing Craft Utility;
16
(21) $100,000,000 for the procurement of com-
17
mercial logistics ships;
18
(22) $600,000,000 for the lease or purchase of
19
new ships through the National Defense Sealift
20
Fund;
21
(23) $2,725,000,000 for the procurement of T-
22
AO oilers;
23
(24) $500,000,000 for cost-to-complete for res-
24
cue and salvage ships;
25
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•HR 1 RH
(25) $300,000,000 for production of ship-to-
1
shore connectors;
2
(26) $695,000,000 for the implementation of a
3
multi-ship amphibious warship contract;
4
(27) $80,000,000 for accelerated development
5
of vertical launch system reloading at sea;
6
(28) $250,000,000 for expansion of Navy corro-
7
sion control programs;
8
(29) $159,000,000 for leasing of ships for Ma-
9
rine Corps operations;
10
(30) $1,534,000,000 for expansion of small un-
11
manned surface vessel production;
12
(31) $1,800,000,000 for expansion of medium
13
unmanned surface vessel production;
14
(32) $1,300,000,000 for expansion of un-
15
manned underwater vehicle production;
16
(33) $188,360,000 for the development and
17
testing of maritime robotic autonomous systems and
18
enabling technologies;
19
(34) $174,000,000 for the development of a
20
Test Resource Management Center robotic autono-
21
mous systems proving ground;
22
(35) $250,000,000 for the development, produc-
23
tion, and integration of wave-powered unmanned un-
24
derwater vehicles;
25
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•HR 1 RH
(36) $2,100,000,000 for San Antonio-class Am-
1
phibious Transport Dock (LPD); and
2
(37) $3,700,000,000 for America-class Amphib-
3
ious Assault Ship (LHA).
4
SEC. 20003. ENHANCEMENT OF DEPARTMENT OF DEFENSE
5
RESOURCES FOR INTEGRATED AIR AND MIS-
6
SILE DEFENSE.
7
(a) NEXT GENERATION MISSILE DEFENSE TECH-
8
NOLOGIES.—In addition to amounts otherwise available,
9
there are appropriated to the Secretary of Defense for fis-
10
cal year 2025, out of any money in the Treasury not other-
11
wise appropriated, to remain available until September 30,
12
2029—
13
(1) $183,000,000 for Missile Defense Agency
14
special programs;
15
(2) $250,000,000 for development and testing
16
of directed energy capabilities by the Under Sec-
17
retary for Research and Engineering;
18
(3) $300,000,000 for classified military space
19
superiority programs run by the Strategic Capabili-
20
ties Office;
21
(4) $500,000,000 for national security space
22
launch infrastructure;
23
(5) $2,000,000,000 for air moving target indi-
24
cator military satellites;
25
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•HR 1 RH
(6) $400,000,000 for expansion of Multi-Serv-
1
ice Advanced Capability Hypersonic Test Bed pro-
2
gram;
3
(7) $5,600,000,000 for development of space-
4
based and boost phase intercept capabilities;
5
(8) $2,400,000,000 for the development of mili-
6
tary non-kinetic missile defense effects; and
7
(9) $7,200,000,000 for the development, pro-
8
curement, and integration of military space-based
9
sensors.
10
(b) LAYERED HOMELAND DEFENSE.—In addition to
11
amounts otherwise available, there are appropriated to the
12
Secretary of Defense for fiscal year 2025, out of any
13
money in the Treasury not otherwise appropriated, to re-
14
main available until September 30, 2029—
15
(1)
$2,200,000,000
for
acceleration
of
16
hypersonic defense systems;
17
(2) $800,000,000 for accelerated development
18
and deployment of next-generation intercontinental
19
ballistic missile defense systems;
20
(3) $408,000,000 for Army space and strategic
21
missile test range infrastructure restoration and
22
modernization in the United States Indo-Pacific
23
Command area of operations west of the inter-
24
national dateline;
25
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(4) $1,975,000,000 for improved ground-based
1
missile defense radars; and
2
(5) $530,000,000 for the design and construc-
3
tion of Missile Defense Agency missile instrumenta-
4
tion range safety ship.
5
SEC. 20004. ENHANCEMENT OF DEPARTMENT OF DEFENSE
6
RESOURCES FOR MUNITIONS AND DEFENSE
7
SUPPLY CHAIN RESILIENCY.
8
(a) APPROPRIATIONS.—In addition to amounts other-
9
wise available, there are appropriated to the Secretary of
10
Defense for fiscal year 2025, out of any money in the
11
Treasury not otherwise appropriated, to remain available
12
until September 30, 2029—
13
(1) $400,000,000 for the development, produc-
14
tion, and integration of Navy and Air Force long-
15
range anti-ship missiles;
16
(2) $380,000,000 for production capacity ex-
17
pansion for Navy and Air Force long-range anti-ship
18
missiles;
19
(3) $490,000,000 for the development, produc-
20
tion, and integration of Navy and Air Force long-
21
range air-to-surface missiles;
22
(4) $94,000,000 for the development, produc-
23
tion, and integration of alternative Navy and Air
24
Force long-range air-to-surface missiles;
25
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•HR 1 RH
(5) $630,000,000 for the development, produc-
1
tion, and integration of long-range Navy air defense
2
and anti-ship missiles;
3
(6) $688,000,000 for the development, produc-
4
tion, and integration of long-range multi-service
5
cruise missiles;
6
(7) $250,000,000 for production capacity ex-
7
pansion and supplier base strengthening of long-
8
range multi-service cruise missiles;
9
(8) $70,000,000 for the development, produc-
10
tion, and integration of short-range Navy and Ma-
11
rine Corps anti-ship missiles;
12
(9) $100,000,000 for the development of an
13
anti-ship seeker for short-range Army ballistic mis-
14
siles;
15
(10) $175,000,000 for production capacity ex-
16
pansion for next-generation Army medium-range
17
ballistic missiles;
18
(11) $50,000,000 for the mitigation of dimin-
19
ishing manufacturing sources for medium-range air-
20
to-air missiles;
21
(12) $250,000,000 for the procurement of me-
22
dium-range air-to-air missiles;
23
(13) $225,000,000 for the expansion of produc-
24
tion capacity for medium-range air-to-air missiles;
25
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•HR 1 RH
(14) $50,000,000 for the development of second
1
sources for components of short-range air-to-air mis-
2
siles;
3
(15) $325,000,000 for production capacity im-
4
provements for air-launched anti-radiation missiles;
5
(16) $50,000,000 for the accelerated develop-
6
ment of Army next-generation medium-range anti-
7
ship ballistic missiles;
8
(17) $114,000,000 for the production of Army
9
next-generation medium-range ballistic missiles;
10
(18) $300,000,000 for the production of Army
11
medium-range ballistic missiles;
12
(19) $85,000,000 for the accelerated develop-
13
ment of Army long-range ballistic missiles;
14
(20) $400,000,000 for the production of heavy-
15
weight torpedoes;
16
(21) $200,000,000 for the development, pro-
17
curement, and integration of commercial heavy-
18
weight torpedoes;
19
(22) $70,000,000 for the improvement of
20
heavyweight torpedo maintenance activities;
21
(23) $200,000,000 for the production of light-
22
weight torpedoes;
23
(24) $500,000,000 for the development, pro-
24
curement, and integration of maritime mines;
25
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•HR 1 RH
(25) $50,000,000 for the development, procure-
1
ment, and integration of new underwater explosives;
2
(26) $55,000,000 for the development, procure-
3
ment, and integration of lightweight multi-mission
4
torpedoes;
5
(27)
$80,000,000
for
the
production
of
6
sonobuoys;
7
(28) $150,000,000 for the development, pro-
8
curement, and integration of air-delivered long-range
9
maritime mines;
10
(29) $61,000,000 for the acceleration of Navy
11
expeditionary loitering munitions deployment;
12
(30) $50,000,000 for the acceleration of one-
13
way attack unmanned aerial systems with advanced
14
autonomy;
15
(31) $1,000,000,000 for the expansion of the
16
one-way attack unmanned aerial systems industrial
17
base;
18
(32) $3,500,000,000 for grants made pursuant
19
to the Industrial Base Fund established under sec-
20
tion 4817 of title 10, United States Code;
21
(33) $1,000,000,000 for grants and purchase
22
commitments made pursuant to the Industrial Base
23
Fund established under section 4817 of title 10,
24
United States Code;
25
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•HR 1 RH
(34) $200,000,000 for investments in solid
1
rocket motor industrial base through the Industrial
2
Base Fund established under section 4817 of title
3
10, United States Code;
4
(35) $400,000,000 for investments in the
5
emerging solid rocket motor industrial base through
6
the Industrial Base Fund established under section
7
4817 of title 10, United States Code;
8
(36) $42,000,000 for investments in second
9
sources for large-diameter solid rocket motors for
10
hypersonic missiles;
11
(37) $1,000,000,000 for the creation of next-
12
generation automated munitions production fac-
13
tories;
14
(38) $170,000,000 for the development of ad-
15
vanced radar depot for repair, testing, and produc-
16
tion of radar and electronic warfare systems;
17
(39) $25,000,000 for the expansion of the De-
18
partment of Defense industrial base policy analysis
19
workforce;
20
(40) $30,300,000 for the repair of Army mis-
21
siles;
22
(41) $100,000,000 for the production of small
23
and medium ammunition;
24
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•HR 1 RH
(42) $2,500,000,000 for additional activities to
1
improve the United States production of critical
2
minerals through the National Defense Stockpile,
3
authorized by subchapter III of chapter 5 of title 50,
4
United States Code;
5
(43) $10,000,000 for the expansion of the De-
6
partment of Defense armaments cooperation work-
7
force;
8
(44) $250,000,000 for the expansion of the De-
9
fense Exportability Features program;
10
(45) $250,000,000 for the development of new
11
armaments cooperation programs;
12
(46) $350,000,000 for production of Navy long-
13
range air and missile defense interceptors;
14
(47) $93,000,000 for replacement of Navy long-
15
range air and missile defense interceptors;
16
(48) $100,000,000 for development of a second
17
solid rocket motor source for Navy air defense and
18
anti ship missiles;
19
(49) $65,000,000 for expansion of production
20
capacity of Missile Defense Agency long-range anti-
21
ballistic missiles;
22
(50) $225,000,000 for expansion of production
23
capacity for Navy air defense and anti-ship missiles;
24
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•HR 1 RH
(51) $103,300,000 for expansion of depot level
1
maintenance facility for Navy long-range air and
2
missile defense interceptors;
3
(52) $18,000,000 for creation of domestic
4
source for guidance section of Navy short-range air
5
defense missiles;
6
(53) $65,000,000 for integration of Army me-
7
dium-range air and missile defense interceptor with
8
Navy ships;
9
(54) $176,100,000 for production of Army
10
long-range movable missile defense radar;
11
(55) $100,000,000 for accelerated fielding of
12
Army short-range gun-based air and missile defense
13
system;
14
(56) $40,000,000 for development of low-cost
15
alternatives to air and missile defense interceptors;
16
(57) $50,000,000 for acceleration of Army
17
next-generation shoulder-fired air defense system;
18
(58) $91,000,000 for production of Army next-
19
generation shoulder-fired air defense system;
20
(59) $500,000,000 for development, production,
21
and integration of counter-unmanned aerial systems
22
programs;
23
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•HR 1 RH
(60) $350,000,000 for development, production,
1
and integration of non-kinetic counter-unmanned
2
aerial systems programs;
3
(61) $250,000,000 for development, production,
4
and integration of land-based counter-unmanned
5
aerial systems programs;
6
(62) $200,000,000 for development, production,
7
and integration of ship-based counter-unmanned aer-
8
ial systems programs; and
9
(63)
$400,000,000
for
acceleration
of
10
hypersonic strike programs.
11
(b) APPROPRIATIONS.—In addition to amounts other-
12
wise available, there is appropriated to the Secretary of
13
Defense, out of any money in the Treasury not otherwise
14
appropriated, to remain available until September 30,
15
2029, $500,000,000 to the ‘‘Department of Defense Cred-
16
it Program Account’’ to carry out the capital assistance
17
program, including loans, loan guarantees, and technical
18
assistance, established under section 149(e) of title 10,
19
United States Code, for the development of reliable
20
sources of critical minerals: Provided, That—
21
(1) such amounts are available to subsidize
22
gross obligations for the principal amount of direct
23
loans, and total loan principal, any part of which is
24
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•HR 1 RH
to be guaranteed, not to exceed $100,000,000,000;
1
and
2
(2) such amounts are available to cover all costs
3
and
expenditures
as
provided
under
section
4
149(e)(5)(B) of title 10, United States Code.
5
SEC. 20005. ENHANCEMENT OF DEPARTMENT OF DEFENSE
6
RESOURCES FOR SCALING LOW-COST WEAP-
7
ONS INTO PRODUCTION.
8
(a) APPROPRIATIONS.—In addition to amounts other-
9
wise available, there are appropriated to the Secretary of
10
Defense for fiscal year 2025, out of any money in the
11
Treasury not otherwise appropriated, to remain available
12
until September 30, 2029—
13
(1) $25,000,000 for the Office of Strategic
14
Capital Global Technology Scout program;
15
(2) $1,100,000,000 for the expansion of the
16
small unmanned aerial system industrial base;
17
(3) $400,000,000 for the development and de-
18
ployment of the Joint Fires Network and associated
19
joint battle management capabilities;
20
(4) $400,000,000 for the expansion of advanced
21
command-and-control tools to combatant commands
22
and military departments;
23
(5) $100,000,000 for the development of shared
24
secure facilities for the defense industrial base;
25
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130
•HR 1 RH
(6) $50,000,000 for the creation of additional
1
Defense Innovation Unit OnRamp Hubs;
2
(7) $250,000,000 for the acceleration of Stra-
3
tegic Capabilities Office programs;
4
(8) $650,000,000 for the expansion of Mission
5
Capabilities office joint prototyping and experimen-
6
tation activities for military innovation;
7
(9) $500,000,000 for the accelerated develop-
8
ment and integration of advanced 5G/6G tech-
9
nologies for military use;
10
(10) $25,000,000 for testing of simultaneous
11
transmit and receive technology for military spec-
12
trum agility;
13
(11) $50,000,000 for the development, procure-
14
ment, and integration of high-altitude stratospheric
15
balloons for military use;
16
(12) $120,000,000 for the development, pro-
17
curement, and integration of long-endurance un-
18
manned aerial systems for surveillance;
19
(13) $40,000,000 for the development, procure-
20
ment, and integration of alternative positioning and
21
navigation technology to enable military operations
22
in contested electromagnetic environments;
23
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131
•HR 1 RH
(14) $750,000,000 for the acceleration of inno-
1
vative military logistics and energy capability devel-
2
opment and deployment;
3
(15) $120,000,000 for the acceleration of devel-
4
opment of small modular nuclear reactors for mili-
5
tary use;
6
(16) $1,000,000,000 for the expansion of pro-
7
grams to accelerate the procurement and fielding of
8
innovative technologies;
9
(17) $90,000,000 for the development of reus-
10
able hypersonic technology for military strikes and
11
intelligence;
12
(18) $2,000,000,000 for the expansion of De-
13
fense Innovation Unit scaling of commercial tech-
14
nology for military use;
15
(19) $500,000,000 to prevent delays in delivery
16
of attritable autonomous military capabilities;
17
(20) $1,000,000,000 for the development, pro-
18
curement, and integration of low-cost cruise missiles;
19
(21) $500,000,000 for the development, pro-
20
curement, and integration of exportable low-cost
21
cruise missiles;
22
(22) $124,000,000 for improvements to Test
23
Resource Management Center artificial intelligence
24
capabilities;
25
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132
•HR 1 RH
(23) $145,000,000 for the development of arti-
1
ficial intelligence to enable one-way attack un-
2
manned aerial systems and naval systems;
3
(24) $250,000,000 for the development of the
4
Test Resource Management Center digital test envi-
5
ronment;
6
(25) $250,000,000 for the advancement of the
7
artificial intelligence ecosystem;
8
(26) $250,000,000 for the expansion of Cyber
9
Command artificial intelligence lines of effort;
10
(27) $250,000,000 for the acceleration of the
11
Quantum Benchmarking Initiative;
12
(28) $500,000,000 for the expansion and accel-
13
eration of qualification activities and technical data
14
management to enhance competition in defense in-
15
dustrial base;
16
(29) $400,000,000 for the expansion of the de-
17
fense manufacturing technology program; and
18
(30) $685,000,000 for military cryptographic
19
modernization activities.
20
(b) APPROPRIATIONS.—In addition to amounts other-
21
wise available, there are appropriated to the Secretary of
22
Defense, out of any money in the Treasury not otherwise
23
appropriated, to remain available until September 30,
24
2029, $1,000,000,000 to the ‘‘Department of Defense
25
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133
•HR 1 RH
Credit Program Account’’ to carry out the capital assist-
1
ance program, including loans, loan guarantees, and tech-
2
nical assistance, established under section 149(e) of title
3
10, United States Code: Provided, That—
4
(1) such amounts are available to subsidize
5
gross obligations for the principal amount of direct
6
loans, and total loan principal, any part of which is
7
to be guaranteed, not to exceed $100,000,000,000;
8
and
9
(2) such amounts are available to cover all costs
10
and
expenditures
as
provided
under
section
11
149(e)(5)(B) of title 10, United States Code.
12
SEC. 20006. ENHANCEMENT OF DEPARTMENT OF DEFENSE
13
RESOURCES
FOR
IMPROVING
THE
EFFI-
14
CIENCY AND CYBERSECURITY OF THE DE-
15
PARTMENT OF DEFENSE.
16
In addition to amounts otherwise available, there are
17
appropriated to the Secretary of Defense for fiscal year
18
2025, out of any money in the Treasury not otherwise ap-
19
propriated, to remain available until September 30,
20
2029—
21
(1) $150,000,000 for business systems replace-
22
ment to accelerate the audits of the financial state-
23
ments of the Department of Defense pursuant to
24
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134
•HR 1 RH
chapter 9A and section 2222 of title 10, United
1
States Code;
2
(2) $200,000,000 for the deployment of auto-
3
mation and artificial intelligence to accelerate the
4
audits of the financial statements of the Department
5
of Defense pursuant to chapter 9A and section 2222
6
of title 10, United States Code;
7
(3) $10,000,000 for the improvement of the
8
budgetary and programmatic infrastructure of the
9
Office of the Secretary of Defense; and
10
(4) $20,000,000 for defense cybersecurity pro-
11
grams of the Defense Advanced Research Projects
12
Agency.
13
SEC. 20007. ENHANCEMENT OF DEPARTMENT OF DEFENSE
14
RESOURCES FOR AIR SUPERIORITY.
15
In addition to amounts otherwise available, there are
16
appropriated to the Secretary of Defense for fiscal year
17
2025, out of any money in the Treasury not otherwise ap-
18
propriated, to remain available until September 30,
19
2029—
20
(1) $3,150,000,000 to increase F–15EX air-
21
craft production;
22
(2) $361,220,000 to prevent the retirement of
23
F–22 aircraft;
24
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135
•HR 1 RH
(3) $127,460,000 to prevent the retirement of
1
F–15E aircraft;
2
(4) $50,000,000 to accelerate installation of F–
3
16 electronic warfare capability;
4
(5) $116,000,000 for C–17A Mobility Aircraft
5
Connectivity;
6
(6) $84,000,000 for KC–135 Mobility Aircraft
7
Connectivity;
8
(7) $440,000,000 to increase C–130J produc-
9
tion;
10
(8) $474,000,000 to increase EA–37B produc-
11
tion;
12
(9) $300,000,000 for Air Force classified pro-
13
grams;
14
(10) $678,000,000 to accelerate the Collabo-
15
rative Combat Aircraft program;
16
(11) $400,000,000 to accelerate production of
17
the F–47 aircraft;
18
(12) $230,000,000 for Navy classified pro-
19
grams;
20
(13) $500,000,000 accelerate the FA/XX air-
21
craft;
22
(14) $100,000,000 for production of Advanced
23
Aerial Sensors;
24
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•HR 1 RH
(15) $160,000,000 to accelerate V–22 nacelle
1
improvement; and
2
(16) $100,000,000 to accelerate production of
3
MQ–25 aircraft.
4
SEC. 20008. ENHANCEMENT OF RESOURCES FOR NUCLEAR
5
FORCES.
6
(a) DOD APPROPRIATIONS.—In addition to amounts
7
otherwise available, there are appropriated to the Sec-
8
retary of Defense for fiscal year 2025, out of any money
9
in the Treasury not otherwise appropriated, to remain
10
available until September 30, 2029—
11
(1) $1,500,000,000 for risk reduction activities
12
for the Sentinel intercontinental ballistic missile pro-
13
gram;
14
(2) $4,500,000,000 for acceleration of the B–
15
21 long-range bomber aircraft;
16
(3) $500,000,000 for improvements to the Min-
17
uteman III intercontinental ballistic missile system;
18
(4) $100,000,000 for capability enhancements
19
to intercontinental ballistic missile reentry vehicles;
20
(5) $148,000,000 for the expansion of D5 mis-
21
sile motor production;
22
(6) $400,000,000 to accelerate the development
23
of Trident D5LE2 submarine-launched ballistic mis-
24
siles;
25
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137
•HR 1 RH
(7) $2,000,000,000 to accelerate the develop-
1
ment, procurement, and integration of the nuclear-
2
armed sea-launched cruise missile;
3
(8) $62,000,000 to convert Ohio-class sub-
4
marine tubes to accept additional missiles;
5
(9) $22,000,000 to enhance nuclear deterrence
6
through classified programs;
7
(10) $168,000,000 to accelerate the production
8
of the Survivable Airborne Operations Center pro-
9
gram;
10
(11) $65,000,000 to accelerate the moderniza-
11
tion of nuclear command, control, and communica-
12
tions; and
13
(12) $210,300,000 for the increased production
14
of MH–139 helicopters.
15
(b)
NNSA
APPROPRIATIONS.—In
addition
to
16
amounts otherwise available, there are appropriated to the
17
Administrator of the National Nuclear Security Adminis-
18
tration for fiscal year 2025, out of any money in the
19
Treasury not otherwise appropriated, to remain available
20
until September 30, 2029—
21
(1) $200,000,000 to perform National Nuclear
22
Security Administration Phase 1 studies pursuant to
23
section 3211 of the National Nuclear Security Ad-
24
ministration Act (50 U.S.C. 2401);
25
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138
•HR 1 RH
(2) $540,000,000 to address deferred mainte-
1
nance and repair needs of the National Nuclear Se-
2
curity Administration pursuant to section 3211 of
3
the National Nuclear Security Administration Act
4
(50 U.S.C. 2401);
5
(3) $1,000,000,000 to accelerate the construc-
6
tion of National Nuclear Security Administration fa-
7
cilities pursuant to section 3211 of the National Nu-
8
clear Security Administration Act (50 U.S.C. 2401);
9
(4) $400,000,000 to accelerate the develop-
10
ment, procurement, and integration of the warhead
11
for the nuclear-armed sea-launched cruise missile
12
pursuant to section 3211 of the National Nuclear
13
Security Administration Act (50 U.S.C. 2401);
14
(5) $500,000,000 to accelerate primary capa-
15
bility modernization pursuant to section 3211 of the
16
National Nuclear Security Administration Act (50
17
U.S.C. 2401);
18
(6) $500,000,000 to accelerate secondary capa-
19
bility modernization pursuant to section 3211 of the
20
National Nuclear Security Administration Act (50
21
U.S.C. 2401); and
22
(7) $100,000,000 to accelerate domestic ura-
23
nium enrichment centrifuge deployment for defense
24
purposes pursuant to section 3211 of the National
25
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•HR 1 RH
Nuclear Security Administration Act (50 U.S.C.
1
2401).
2
SEC. 20009. ENHANCEMENT OF DEPARTMENT OF DEFENSE
3
RESOURCES TO IMPROVE CAPABILITIES OF
4
UNITED STATES INDO-PACIFIC COMMAND.
5
In addition to amounts otherwise available, there are
6
appropriated to the Secretary of Defense for fiscal year
7
2025, out of any money in the Treasury not otherwise ap-
8
propriated, to remain available until September 30,
9
2029—
10
(1) $365,000,000 for Army exercises and oper-
11
ations in the Western Pacific area of operations;
12
(2) $53,000,000 for Special Operations Com-
13
mand exercises and operations in the Western Pa-
14
cific area of operations;
15
(3) $47,000,000 for Marine Corps exercises and
16
operations in Western Pacific area of operations;
17
(4) $90,000,000 for Air Force exercises and op-
18
erations in Western Pacific area of operations;
19
(5) $532,600,000 for the Pacific Air Force bi-
20
ennial large-scale exercise;
21
(6) $19,000,000 for the development of naval
22
small craft capabilities;
23
(7) $35,000,000 for military additive manufac-
24
turing capabilities in the United States Indo-Pacific
25
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140
•HR 1 RH
Command area of operations west of the inter-
1
national dateline;
2
(8) $450,000,000 for the development of air-
3
fields within the area of operations of United States
4
Indo-Pacific Command;
5
(9) $1,100,000,000 for development of infra-
6
structure within the area of operations of United
7
States Indo-Pacific Command;
8
(10) $124,000,000 for mission networks for
9
United States Indo-Pacific Command;
10
(11) $100,000,000 for Air Force regionally
11
based cluster pre-position base kits;
12
(12) $25,000,000 to explore the revitalization
13
of existing Arctic naval infrastructure;
14
(13) $90,000,000 for the accelerated develop-
15
ment of non-kinetic capabilities;
16
(14) $20,000,000 for military exercises with
17
Taiwan;
18
(15) $23,000,000 for anti-submarine sonar ar-
19
rays;
20
(16) $30,000,000 for intelligence, surveillance,
21
and reconnaissance capabilities for United States Af-
22
rica Command;
23
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141
•HR 1 RH
(17) $30,000,000 for intelligence, surveillance,
1
and reconnaissance capabilities for United States
2
Indo-Pacific Command;
3
(18) $400,000,000 for the development, coordi-
4
nation, and deployment of economic competition ef-
5
fects within the Department of Defense;
6
(19) $10,000,000 for the expansion of Depart-
7
ment of Defense workforce for economic competition;
8
(20) $1,000,000,000 for offensive cyber oper-
9
ations;
10
(21) $500,000,000 for the Joint Training
11
Team;
12
(22) $300,000,000 for the procurement of mesh
13
network communications capabilities for Special Op-
14
erations Command Pacific;
15
(23) $850,000,000 for activities to protect
16
United States interests and deter Chinese Com-
17
munist Party aggression through provision of mili-
18
tary support and assistance to the military, central
19
government security forces, and central government
20
security agencies of Taiwan;
21
(24) $200,000,000 for acceleration of Guam
22
Defense System program;
23
(25) $4,029,000,000 for classified military
24
space superiority programs;
25
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•HR 1 RH
(26) $68,000,000 for Space Force facilities im-
1
provements;
2
(27) $100,000,000 for ground moving target
3
indicator military satellites; and
4
(28)
$528,000,000
for
DARC
and
5
SILENTBARKER military space situational aware-
6
ness programs.
7
SEC. 20010. ENHANCEMENT OF DEPARTMENT OF DEFENSE
8
RESOURCES FOR IMPROVING THE READI-
9
NESS OF THE ARMED FORCES.
10
In addition to amounts otherwise available, there are
11
appropriated to the Secretary of Defense for fiscal year
12
2025, out of any money in the Treasury not otherwise ap-
13
propriated, to remain available until September 30,
14
2029—
15
(1) $1,400,000,000 for a pilot program on
16
OPN-8 maritime spares and repair rotable pool;
17
(2) $700,000,000 for a pilot program on OPN-
18
8 maritime spares and repair rotable pool for am-
19
phibious ships;
20
(3) $2,118,000,000 for readiness packages to
21
keep Air Force aircraft mission capable;
22
(4) $1,500,000,000 for Army depot moderniza-
23
tion and capacity enhancement;
24
VerDate Sep 11 2014
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143
•HR 1 RH
(5) $2,000,000,000 for Navy depot and ship-
1
yard modernization and capacity enhancement;
2
(6) $250,000,000 for Air Force depot mod-
3
ernization and capacity enhancement;
4
(7) $1,391,000,000 for the enhancement of
5
Special Operations Command equipment and readi-
6
ness;
7
(8) $500,000,000 for National Guard unit
8
readiness;
9
(9) $400,000,000 for Marine Corps readiness
10
and capabilities;
11
(10) $20,000,000 for upgrades to Marine Corps
12
utility helicopters;
13
(11) $310,000,000 for next-generation vertical
14
lift, assault, and intra-theater aeromedical evacu-
15
ation aircraft;
16
(12) $75,000,000 for the procurement of anti-
17
lock braking systems for Army wheeled transport ve-
18
hicles;
19
(13) $230,000,000 for the procurement of
20
Army wheeled combat vehicles;
21
(14) $63,000,000 for the development of ad-
22
vanced rotary-wing engines;
23
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144
•HR 1 RH
(15) $241,000,000 for the development, pro-
1
curement, and integration of Marine Corps amphib-
2
ious vehicles;
3
(16) $250,000,000 for the procurement of
4
Army tracked combat transport vehicles; and
5
(17) $98,000,000 for the enhancement of Army
6
light rotary-wing capabilities.
7
SEC. 20011. IMPROVING DEPARTMENT OF DEFENSE BOR-
8
DER SUPPORT AND COUNTER-DRUG MIS-
9
SIONS.
10
In addition to amounts otherwise available, there are
11
appropriated to the Secretary of Defense for fiscal year
12
2025, out of any money in the Treasury not otherwise ap-
13
propriated, to remain available until September 30, 2029,
14
$5,000,000,000 for activities in support of border oper-
15
ations, including deployment of military personnel, oper-
16
ations and maintenance, counter-narcotics and counter-
17
transnational criminal organization mission support, the
18
operation of and construction in national defense areas,
19
the temporary detention of migrants on Department of
20
Defense installations, and the repatriation of persons in
21
support of law enforcement activities, pursuant to sections
22
272, 277, 284, and 2672 of title 10, United States Code.
23
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145
•HR 1 RH
SEC. 20012. ENHANCEMENT OF MILITARY INTELLIGENCE
1
PROGRAMS.
2
In addition to amounts otherwise available, there are
3
appropriated to the Secretary of Defense for fiscal year
4
2025, out of any money in the Treasury not otherwise ap-
5
propriated, to remain available until September 30, 2029,
6
$2,000,000,000 for the enhancement of military intel-
7
ligence programs.
8
SEC. 20013. DEPARTMENT OF DEFENSE OVERSIGHT.
9
(a) OFFICE OF THE SECRETARY OF DEFENSE.—In
10
addition to amounts otherwise available, there is appro-
11
priated to the Inspector General of the Department of De-
12
fense for fiscal year 2025, out of any money in the Treas-
13
ury not otherwise appropriated, $10,000,000, to remain
14
available through September 30, 2029, to carry out this
15
section.
16
(b) OVERSIGHT OF PROGRAMS.—The Inspector Gen-
17
eral shall monitor Department of Defense activities for
18
which funding is appropriated in this title, including—
19
(1) programs with mutual technological depend-
20
encies;
21
(2) programs with related data management
22
and data ownership considerations;
23
(3) programs particularly vulnerable to supply
24
chain disruptions and long lead time components;
25
and
26
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146
•HR 1 RH
(4) programs involving classified matters.
1
(c) CLASSIFIED MATTERS.—Not later than 30 days
2
after the date of the enactment of this title, the Chairs
3
of the Committees on Armed Services of the Senate and
4
House of Representatives shall jointly transmit to the De-
5
partment of Defense a classified memorandum regarding
6
amounts made available in this title related to classified
7
matters.
8
SEC. 20014. MILITARY CONSTRUCTION PROJECTS AUTHOR-
9
IZED.
10
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds
11
are hereby authorized to be appropriated for military con-
12
struction, land acquisition, and military family housing
13
functions of each military department (as defined in sec-
14
tion 101(a) of title 10, United States Code) as specified
15
in this title.
16
(b) SPENDING PLAN.—Not later than 30 days after
17
the date of the enactment of this title, the Secretary of
18
each military department shall submit to the congressional
19
defense committees (as defined in section 101(a) of title
20
10, United States Code) a detailed spending plan by
21
project for all funds made available by this title to be ex-
22
pended on military construction projects.
23
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147
•HR 1 RH
SEC. 20015. PLAN REQUIRED.
1
(a) IN GENERAL.—Not later than 45 days after the
2
date of the enactment of this title, the Secretary of De-
3
fense shall submit to the Committees on Armed Services
4
of the Senate and the House of Representatives a spend-
5
ing, expenditure, or operating plan for amounts made
6
available pursuant to this title. Such plan shall include the
7
same level of detail as required for the report submitted
8
under section 8007 of division A of the Further Consoli-
9
dated Appropriations Act, 2024 (Public Law 118–47; 138
10
Stat. 482).
11
(b) EXPENDITURE REPORT.—Not later than one
12
year after the date of enactment of this title, and annually
13
thereafter, the Secretary shall submit to the Committees
14
on Armed Services of the Senate and the House of Rep-
15
resentative a report that includes a description of any ex-
16
penditures made pursuant to the plan required under sub-
17
section (a).
18
SEC. 20016. LIMITATION ON AVAILABILITY OF FUNDS.
19
The funds made available under this title may not
20
be used to enter into any agreement under which any pay-
21
ment of such funds could be outlaid or disbursed after
22
September 30, 2034.
23
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148
•HR 1 RH
TITLE III—COMMITTEE ON
1
EDUCATION AND WORKFORCE
2
Subtitle A—Student Eligibility
3
SEC. 30001. STUDENT ELIGIBILITY.
4
(a) IN GENERAL.—Section 484(a)(5) of the Higher
5
Education Act of 1965 (20 U.S.C. 1091(a)(5)) is amended
6
to read as follows:
7
‘‘(5) be—
8
‘‘(A) a citizen or national of the United
9
States;
10
‘‘(B) an alien who is lawfully admitted for
11
permanent residence under the Immigration
12
and Nationality Act (8 U.S.C. 1101 et seq.);
13
‘‘(C) an alien who—
14
‘‘(i) is a citizen or national of the Re-
15
public of Cuba;
16
‘‘(ii) is the beneficiary of an approved
17
petition under section 203(a) of the Immi-
18
gration and Nationality Act (8 U.S.C.
19
1153(a));
20
‘‘(iii) meets all eligibility requirements
21
for an immigrant visa but for whom such
22
a visa is not immediately available;
23
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149
•HR 1 RH
‘‘(iv) is not otherwise inadmissible
1
under section 212(a) of such Act (8 U.S.C.
2
8 U.S.C. 1182(a)); and
3
‘‘(v) is physically present in the
4
United States pursuant to a grant of pa-
5
role in furtherance of the commitment of
6
the United States to the minimum level of
7
annual legal migration of Cuban nationals
8
to the United States specified in the U.S.-
9
Cuba Joint Communique´ on Migration,
10
done at New York September 9, 1994, and
11
reaffirmed in the Cuba-United States:
12
Joint Statement on Normalization of Mi-
13
gration, Building on the Agreement of
14
September 9, 1994, done at New York
15
May 2, 1995;
16
‘‘(D) an alien described in section 401(a)
17
of the Additional Ukraine Supplemental Appro-
18
priations Act, 2022 (Public Law 117-128; 8
19
U.S.C. 1101 note);
20
‘‘(E) an alien described in section 2502(a)
21
of the Afghanistan Supplemental Appropria-
22
tions Act, 2022 (division C of Public Law 117-
23
43; 8 U.S.C. 1101 note); or
24
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•HR 1 RH
‘‘(F) an individual who lawfully resides in
1
the United States in accordance with a Com-
2
pact of Free Association referred to in section
3
402(b)(2)(G) of the Personal Responsibility and
4
Work Opportunity Reconciliation Act of 1996
5
(8 U.S.C. 1612(b)(2)(G)); and’’.
6
(b) EFFECTIVE
DATE
AND
APPLICATION.—The
7
amendment made by subsection (a) shall take effect on
8
July 1, 2025, and shall apply with respect to award year
9
2025–2026 and each subsequent award year, as deter-
10
mined under the Higher Education Act of 1965.
11
SEC. 30002. AMOUNT OF NEED; COST OF ATTENDANCE; ME-
12
DIAN COST OF COLLEGE.
13
(a) AMOUNT OF NEED.—Section 471 of the Higher
14
Education Act of 1965 (20 U.S.C. 1087kk) is amended
15
by amending paragraph (1) to read as follows:
16
‘‘(1)(A) for award year 2025–2026, the cost of
17
attendance of such student; or
18
‘‘(B) for award year 2026–2027, and each sub-
19
sequent award year, the median cost of college of the
20
program of study of such student, minus’’.
21
(b) COST
OF ATTENDANCE
OF
A PROGRAM
OF
22
STUDY.—
23
(1) DETERMINATION OF COST OF ATTENDANCE
24
OF A PROGRAM OF STUDY.—
25
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151
•HR 1 RH
(A) IN GENERAL.—Section 472(a) of the
1
Higher Education Act of 1965 (20 U.S.C.
2
1087ll(a)) is amended—
3
(i) in paragraph (1), by striking ‘‘car-
4
rying the same academic workload’’ and in-
5
serting ‘‘enrolled in the same program of
6
study’’;
7
(ii) in paragraph (2), by striking
8
‘‘same course of study’’ and inserting
9
‘‘same program of study’’; and
10
(iii) in paragraph (14), by striking
11
‘‘program’’ and inserting ‘‘program of
12
study’’.
13
(B) EFFECTIVE DATE.—The amendments
14
made by subparagraph (A) shall take effect on
15
July 1, 2026, and shall apply with respect to
16
award year 2026–2027 and each subsequent
17
award year, as determined under the Higher
18
Education Act of 1965.
19
(2) DISCLOSURE.—Section 472(c) of the High-
20
er Education Act of 1965 (20 U.S.C. 1087ll(c)) is
21
amended—
22
(A) by inserting ‘‘of each program of study
23
at the institution’’ after ‘‘cost of attendance’’;
24
and
25
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152
•HR 1 RH
(B) by striking ‘‘of the institution’’ and in-
1
serting ‘‘of such programs of study at the insti-
2
tution’’.
3
(c) DETERMINATION
OF MEDIAN COST
OF COL-
4
LEGE.—Part F of title IV of the Higher Education Act
5
of 1965 (20 U.S.C. 1087kk) is amended by inserting after
6
section 472 (as so amended), the following:
7
‘‘SEC. 472A. DETERMINATION OF MEDIAN COST OF COL-
8
LEGE.
9
‘‘(a) IN GENERAL.—For the purpose of this title, the
10
term ‘median cost of college’, when used with respect to
11
a program of study, offered by one or more institutions
12
of higher education for an award year, means the median
13
of the cost of attendance of the program of study (as de-
14
termined under section 472) across all institutions of high-
15
er education offering such a program of study for the pre-
16
ceding award year.
17
‘‘(b) PROGRAM OF STUDY DEFINED.—In this section
18
and section 472, and part D:
19
‘‘(1) IN
GENERAL.—The term ‘program of
20
study’—
21
‘‘(A) means an eligible program at an in-
22
stitution of higher education that is classified
23
by a combination of—
24
‘‘(i) one or more CIP codes; and
25
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153
•HR 1 RH
‘‘(ii) one credential level, determined
1
by the credential awarded upon completion
2
of the program; and
3
‘‘(B) does not include a program of study
4
abroad.
5
‘‘(2) CIP CODE.—The term ‘CIP code’ means
6
the six-digit taxonomic identification code assigned
7
by an institution of higher education to a specific
8
program of study at the institution, determined by
9
the institution of higher education in accordance
10
with the Classification of Instructional Programs
11
published by the National Center for Education Sta-
12
tistics.
13
‘‘(3) CREDENTIAL LEVEL.—
14
‘‘(A) IN GENERAL.—The term ‘credential
15
level’ means the level of the degree or other cre-
16
dential awarded by an institution of higher edu-
17
cation to students who complete a program of
18
study of the institution. Each degree or other
19
credential awarded by an institution shall be
20
categorized by the institution as either under-
21
graduate credential level or graduate credential
22
level.
23
‘‘(B) UNDERGRADUATE
CREDENTIAL.—
24
When used with respect to a credential or cre-
25
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154
•HR 1 RH
dential level, the term ‘undergraduate creden-
1
tial’ includes credentials such as an under-
2
graduate certificate, an associate degree, a
3
bachelor’s degree, and a post-baccalaureate cer-
4
tificate (including the coursework specified in
5
paragraphs (3)(B) and (4)(B) of section
6
484(b)).
7
‘‘(C)
GRADUATE
CREDENTIAL.—When
8
used with respect to a credential or credential
9
level, the term ‘graduate credential’ includes
10
credentials such as a master’s degree, a doc-
11
toral degree, a professional degree, and a post-
12
graduate certificate.’’.
13
(d) EXEMPTION OF CERTAIN ASSETS.—
14
(1) IN
GENERAL.—Section 480(f)(2) of the
15
Higher
Education
Act
of
1965
(20
U.S.C.
16
1087vv(f)(2)) is amended—
17
(A) by striking ‘‘net value of the’’ and in-
18
serting the following: ‘‘net value of—
19
‘‘(A) the’’;
20
(B) by striking the period at the end and
21
inserting a semicolon; and
22
(C) by adding at the end the following:
23
‘‘(B) a family farm on which the family re-
24
sides; or
25
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155
•HR 1 RH
‘‘(C) a small business with not more than
1
100 full-time or full-time equivalent employees
2
(or any part of such a small business) that is
3
owned and controlled by the family.’’.
4
(2) EFFECTIVE DATE.—The amendments made
5
by paragraph (1) shall take effect on July 1, 2026,
6
and shall apply with respect to award year 2026–
7
2027 and each subsequent award year, as deter-
8
mined under the Higher Education Act of 1965.
9
Subtitle B—Loan Limits
10
SEC. 30011. LOAN LIMITS.
11
(a) TERMINATIONS OF AND RESTRICTIONS ON LOAN
12
AUTHORITY.—
13
(1) TERMINATION
OF
AUTHORITY
TO
MAKE
14
SUBSIDIZED
LOANS
TO
UNDERGRADUATE
STU-
15
DENTS.—Section 455(a)(3) of the Higher Education
16
Act of 1965 (20 U.S.C. 1087e(a)(3)) is amended by
17
adding at the end the following:
18
‘‘(C) TERMINATION
OF
AUTHORITY
TO
19
MAKE SUBSIDIZED LOANS TO UNDERGRADUATE
20
STUDENTS.—Notwithstanding any provision of
21
this part or part B, except as provided in para-
22
graph (4), for any period of instruction begin-
23
ning on or after July 1, 2026—
24
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156
•HR 1 RH
‘‘(i) an undergraduate student shall
1
not be eligible to receive a Federal Direct
2
Stafford loan under this part; and
3
‘‘(ii) the maximum annual amount of
4
Federal
Direct
Unsubsidized
Stafford
5
loans such a student may borrow in any
6
academic year (as defined in section
7
481(a)(2)) or its equivalent shall be the
8
maximum annual amount for such student
9
determined under paragraph (5)).’’.
10
(2) TERMINATION
OF
AUTHORITY
TO
MAKE
11
FEDERAL DIRECT PLUS LOANS TO ANY STUDENT
12
BORROWER.—Section 455(a)(3) of the Higher Edu-
13
cation Act of 1965 (20 U.S.C. 1087e(a)(3)) is fur-
14
ther amended by adding at the end the following:
15
‘‘(D) TERMINATION
OF
AUTHORITY
TO
16
MAKE FEDERAL DIRECT PLUS LOANS TO ANY
17
STUDENT
BORROWER.—Notwithstanding any
18
provision of this part or part B, except as pro-
19
vided in paragraph (4), for any period of in-
20
struction beginning on or after July 1, 2026, a
21
graduate student or professional student shall
22
not be eligible to receive a Federal Direct
23
PLUS Loan under this part.’’.
24
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157
•HR 1 RH
(3) RESTRICTION
ON
AUTHORITY
TO
MAKE
1
FEDERAL DIRECT PLUS LOANS TO ANY PARENT BOR-
2
ROWER.—Section 455(a)(3) of the Higher Education
3
Act of 1965 (20 U.S.C. 1087e(a)(3)) is further
4
amended by adding at the end the following:
5
‘‘(E) RESTRICTION
ON
AUTHORITY
TO
6
MAKE FEDERAL DIRECT PLUS LOANS TO ANY
7
PARENT BORROWER.—
8
‘‘(i) IN
GENERAL.—Notwithstanding
9
any provision of this part or part B, except
10
as provided in clause (ii) and paragraph
11
(4), for any period of instruction beginning
12
on or after July 1, 2026, a parent, on be-
13
half of a dependent student, shall not be
14
eligible to receive a Federal Direct PLUS
15
Loan under this part.
16
‘‘(ii) EXCEPTION.—A parent may re-
17
ceive a Federal Direct PLUS Loan under
18
this part, on behalf of a dependent stu-
19
dent, in any academic year (as defined in
20
section 481(a)(2)) or its equivalent if—
21
‘‘(I) such student borrows the
22
maximum annual amount of Federal
23
Direct Unsubsidized Stafford loans
24
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158
•HR 1 RH
such student may borrow in such aca-
1
demic year; and
2
‘‘(II)
such
maximum
annual
3
amount is less than the cost of at-
4
tendance of the program of study of
5
such student.’’.
6
(4)
CONFORMING
AMENDMENTS.—Section
7
455(a)(3) of the Higher Education Act of 1965 (20
8
U.S.C. 1087e(a)(3)) is further amended—
9
(A) in the paragraph heading, by striking
10
‘‘TERMINATION
OF
AUTHORITY
TO
MAKE
IN-
11
TEREST SUBSIDIZED LOANS TO GRADUATE AND
12
PROFESSIONAL
STUDENTS’’
and
inserting
13
‘‘TERMINATIONS
OF
AND
RESTRICTIONS
ON
14
LOAN AUTHORITY’’;
15
(B) in subparagraph (A)—
16
(i) in the heading, by striking ‘‘IN
17
GENERAL’’ and inserting ‘‘TERMINATION
18
OF
AUTHORITY
TO
MAKE
SUBSIDIZED
19
LOANS TO GRADUATE AND PROFESSIONAL
20
STUDENTS’’;
21
(ii) in the matter preceding clause (i),
22
by striking ‘‘beginning on or after July 1,
23
2012’’;
24
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159
•HR 1 RH
(iii) in clause (i), by striking ‘‘a grad-
1
uate’’ and inserting ‘‘beginning on or after
2
July 1, 2012, a graduate’’; and
3
(iv) in clause (ii), by striking ‘‘the
4
maximum annual amount of Federal’’ and
5
inserting ‘‘beginning on or after July 1,
6
2012, and ending June 30, 2026, the max-
7
imum annual amount of Federal’’; and
8
(C) in subparagraph (B)—
9
(i) in the heading, by striking ‘‘EX-
10
CEPTION’’ and inserting ‘‘EXCEPTION FOR
11
SUBSIDIZED LOANS TO INDIVIDUALS EN-
12
ROLLED IN CERTAIN COURSE WORK’’.
13
(ii) by striking ‘‘Subparagraph (A)’’
14
and inserting ‘‘For any period of instruc-
15
tion beginning on or after July 1, 2012,
16
and ending June 30, 2026, subparagraph
17
(A)’’.
18
(b) INTERIM RULES FOR ENROLLED BORROWERS.—
19
Section 455(a) of the Higher Education Act of 1965 (20
20
U.S.C. 1087e(a)) is amended by adding at the end the
21
following:
22
‘‘(4) INTERIM EXCEPTION FOR CERTAIN STU-
23
DENTS.—
24
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160
•HR 1 RH
‘‘(A) APPLICATION
OF
PRIOR
LIMITS.—
1
Subparagraphs (C), (D), and (E) of paragraph
2
(3), and paragraphs (5) and (6), shall not
3
apply, during the expected time to credential
4
described in subparagraph (B), with respect to
5
an individual who, as of June 30, 2026—
6
‘‘(i) is enrolled in a program of study
7
at an institution of higher education; and
8
‘‘(ii) has received a loan (or on whose
9
behalf a loan was made) under this part
10
for such program of study.
11
‘‘(B) EXPECTED TIME TO CREDENTIAL.—
12
For purposes of this paragraph, the expected
13
time to credential of an individual shall be
14
equal to the lesser of—
15
‘‘(i) three academic years; or
16
‘‘(ii) the period determined by calcu-
17
lating the difference between—
18
‘‘(I) the program length (as de-
19
fined in section 420W) for the pro-
20
gram of study in which the individual
21
is enrolled; and
22
‘‘(II) the period of such program
23
of study that such individual has com-
24
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161
•HR 1 RH
pleted as of the date of the determina-
1
tion under this subparagraph.’’.
2
(c) LOAN LIMITS FOR UNSUBSIDIZED LOANS AND
3
CERTAIN FEDERAL DIRECT PLUS LOANS.—
4
(1) ANNUAL
AND
AGGREGATE
UNSUBSIDIZED
5
LOAN LIMITS.—Section 455(a) of the Higher Edu-
6
cation Act of 1965 (20 U.S.C. 1087e(a)) is further
7
amended by adding at the end the following:
8
‘‘(5) ANNUAL AND AGGREGATE UNSUBSIDIZED
9
LOAN LIMITS.—
10
‘‘(A) UNDERGRADUATE STUDENTS.—
11
‘‘(i) ANNUAL LOAN LIMITS.—Notwith-
12
standing any provision of this part or part
13
B, subject to subparagraph (C) and except
14
as provided in paragraph (4), beginning on
15
July 1, 2026, the maximum annual
16
amount of Federal Direct Unsubsidized
17
Stafford loans that an undergraduate stu-
18
dent may borrow in any academic year (as
19
defined in section 481(a)(2)) or its equiva-
20
lent shall be the difference between—
21
‘‘(I) the amount of the median
22
cost of college of the program of study
23
in which the student is enrolled; and
24
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162
•HR 1 RH
‘‘(II) the amount of the Federal
1
Pell Grant under section 401 awarded
2
to the student for such academic year.
3
‘‘(ii) AGGREGATE
LIMITS.—Notwith-
4
standing any provision of this part or part
5
B, except as provided in paragraph (4), be-
6
ginning on July 1, 2026, the maximum ag-
7
gregate amount of Federal Direct Unsub-
8
sidized Stafford loans that a student may
9
borrow for programs of study that award
10
an undergraduate credential upon comple-
11
tion of such a program shall be $50,000.
12
‘‘(B) GRADUATE AND PROFESSIONAL STU-
13
DENTS.—
14
‘‘(i)
ANNUAL
LIMITS.—Notwith-
15
standing any provision of this part or part
16
B, subject to subparagraph (C) and except
17
as provided in paragraph (4), beginning on
18
July 1, 2026, the maximum annual
19
amount of Federal Direct Unsubsidized
20
Stafford loans that a graduate student or
21
professional student may borrow in any
22
academic year (as defined in section
23
481(a)(2)) or its equivalent shall be the
24
amount of the median cost of college of the
25
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•HR 1 RH
program of study in which the student is
1
enrolled.
2
‘‘(ii) AGGREGATE
LIMITS.—Notwith-
3
standing any provision of this part or part
4
B, except as provided in paragraph (4), be-
5
ginning on July 1, 2026, the maximum ag-
6
gregate amount of Federal Direct Unsub-
7
sidized Stafford loans that, in addition to
8
the maximum aggregate amount described
9
in subparagraph (A)(ii)—
10
‘‘(I) a graduate student—
11
‘‘(aa) who is not (and has
12
not been) a professional student,
13
may borrow for programs of
14
study described in subparagraph
15
(D)(i) shall be $100,000; or
16
‘‘(bb) who is (or has been) a
17
professional student, may borrow
18
for programs of study described
19
in subparagraph (D)(i) shall be
20
an amount equal to—
21
‘‘(AA) $150,000, minus
22
‘‘(BB) the amount such
23
student borrowed for pro-
24
grams of study described in
25
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164
•HR 1 RH
subclauses (I) and (II) of
1
subparagraph (D)(ii); and
2
‘‘(II) a professional student—
3
‘‘(aa) who is not (and has
4
not been) a graduate student,
5
may borrow for programs of
6
study described in subclauses (I)
7
and (II) of subparagraph (D)(ii)
8
shall be $150,000; or
9
‘‘(bb) who is (or has been) a
10
graduate student, may borrow for
11
programs of study described in
12
subclauses (I) and (II) of sub-
13
paragraph (D)(ii) shall be an
14
amount equal to—
15
‘‘(AA) $150,000, minus
16
‘‘(BB) the amount such
17
student borrowed for pro-
18
grams of study described in
19
subparagraph (D)(i).
20
‘‘(C) LESS
THAN
FULL-TIME
ENROLL-
21
MENT.—In any case where a student is enrolled
22
in an program of study of an institution of
23
higher education on less than a full-time basis
24
during any academic year, the amount of a loan
25
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165
•HR 1 RH
that student may borrow for an academic year
1
(as defined in section 481(a)(2)) or its equiva-
2
lent shall be reduced in direct proportion to the
3
degree to which that student is not so enrolled
4
on a full-time basis, rounded to the nearest
5
whole percentage point, as provided in a sched-
6
ule of reductions published by the Secretary
7
computed for purposes of this paragraph.
8
‘‘(D) DEFINITION.—For purposes of this
9
subsection:
10
‘‘(i) GRADUATE STUDENT.—The term
11
‘graduate student’ means a student en-
12
rolled in a program of study that awards
13
a graduate credential (other than a profes-
14
sional degree) upon completion of the pro-
15
gram.
16
‘‘(ii) PROFESSIONAL STUDENT.—The
17
term ‘professional student’ means a stu-
18
dent enrolled in a program of study that—
19
‘‘(I) awards a professional degree
20
upon completion of the program; or
21
‘‘(II) provides the training de-
22
scribed in part 141 of title 14, Code
23
of Federal Regulations (or any suc-
24
cessor regulations).
25
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166
•HR 1 RH
‘‘(iii) UNDERGRADUATE
STUDENT.—
1
The term ‘undergraduate student’ means a
2
student enrolled in a program of study
3
that awards an undergraduate credential
4
upon completion of the program.’’.
5
(2) ANNUAL AND AGGREGATE FEDERAL DIRECT
6
PLUS
LOANS
LIMITS
FOR
PARENT
BORROWERS.—
7
Section 455(a) of the Higher Education Act of 1965
8
(20 U.S.C. 1087e(a)) is further amended by adding
9
at the end the following:
10
‘‘(6) ANNUAL AND AGGREGATE FEDERAL DI-
11
RECT
PLUS
LOANS
LIMITS
FOR
PARENT
BOR-
12
ROWERS.—
13
‘‘(A) ANNUAL
LIMITS.—Notwithstanding
14
any provision of this part or part B, subject to
15
paragraph (3)(E) and except as provided in
16
paragraph (4), beginning on July 1, 2026, the
17
maximum annual amount of Federal Direct
18
PLUS loans that a parent may borrow, on be-
19
half of a dependent student, in any academic
20
year (as defined in section 481(a)(2)) or its
21
equivalent shall be the amount equal to—
22
‘‘(i) the cost of attendance of the pro-
23
gram of study of such student; minus
24
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•HR 1 RH
‘‘(ii) the maximum annual amount of
1
Federal
Direct
Unsubsidized
Stafford
2
loans such student may borrow in such
3
academic year.
4
‘‘(B)
AGGREGATE
LIMITS.—Notwith-
5
standing any provision of this part or part B,
6
subject to paragraph (3)(E) and except as pro-
7
vided in paragraph (4), beginning on July 1,
8
2026, the maximum aggregate amount of Fed-
9
eral Direct PLUS loans that a parent may bor-
10
row shall be $50,000, without regard to the
11
number of dependent students on behalf of
12
whom such parent borrows such a loan.’’.
13
(3) LIFETIME MAXIMUM AGGREGATE AMOUNT
14
FOR ALL STUDENTS.—Section 455(a) of the Higher
15
Education Act of 1965 (20 U.S.C. 1087e(a)) is fur-
16
ther amended by adding at the end the following:
17
‘‘(7) LIFETIME MAXIMUM AGGREGATE AMOUNT
18
FOR
ALL
STUDENTS.—Notwithstanding any provi-
19
sion of this part or part B, except as provided in
20
paragraph (4), beginning on July 1, 2026, the max-
21
imum aggregate amount of loans made, insured, or
22
guaranteed under this title that a student may bor-
23
row, and that a parent may borrow on behalf of
24
such student, shall be $200,000, without regard to
25
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•HR 1 RH
any amounts repaid, forgiven, canceled, or otherwise
1
discharged on any such loan.’’.
2
(4) INSTITUTIONALLY DETERMINED LIMITS.—
3
Section 455(a) of the Higher Education Act of 1965
4
(20 U.S.C. 1087e(a)) is further amended by adding
5
at the end the following:
6
‘‘(8) INSTITUTIONALLY DETERMINED LIMITS.—
7
Notwithstanding the annual loan limits described in
8
subparagraphs (A)(i) and (B)(i) of paragraph (5)
9
and subparagraph (A) of paragraph (6), beginning
10
on July 1, 2026, an institution of higher education
11
(at the discretion of a financial aid administrator at
12
the institution) may limit the total amount of loans
13
made under this part for a program of study for an
14
academic year (as defined in section 481(a)(2)) that
15
a student may borrow, and that a parent may bor-
16
row on behalf of such student, as long as any such
17
limit is applied consistently to all students enrolled
18
in such program of study.’’.
19
Subtitle C—Loan Repayment
20
SEC. 30021. LOAN REPAYMENT.
21
(a) TRANSITION
TO INCOME-BASED REPAYMENT
22
PLANS.—
23
(1) AUTHORITY
TO
TRANSITION
TO
INCOME-
24
BASED REPAYMENT PLANS.—
25
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•HR 1 RH
(A) AUTHORITY TO CARRY OUT TRANSI-
1
TION.—Beginning on the date of enactment of
2
this title, the Secretary of Education shall take
3
such steps as may be necessary to apply the re-
4
payment plan under section 493C of the Higher
5
Education Act of 1965 (as amended by this
6
title) to the loans of each borrower who, on the
7
day before such date of enactment, is in a re-
8
payment status in accordance with, or an ad-
9
ministrative forbearance associated with, an in-
10
come-contingent repayment plan authorized
11
under section 455(e) of the Higher Education
12
Act of 1965 (as in effect on the day before the
13
date of enactment of this title).
14
(B) DEADLINE
FOR
TRANSITION.—The
15
Secretary shall complete the application of the
16
repayment plan under section 493C to the loans
17
described in paragraph (1) as soon as prac-
18
ticable, but not later than 9 months after the
19
date of enactment of this title.
20
(2) LIMITATION
OF
REGULATORY
AUTHOR-
21
ITY.—The Secretary may not establish, promulgate,
22
issue, or modify any regulations or guidance with re-
23
spect to any income-based repayment plan under the
24
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170
•HR 1 RH
Higher Education Act of 1965, except that the Sec-
1
retary may—
2
(A) during the 270-day period after the
3
date of enactment of this title, issue an interim
4
final rule as necessary for the application of the
5
repayment plan under section 493C of such Act
6
of 1965 in accordance with paragraph (1);
7
(B) during the 270-day period after the
8
date of enactment of this title, issue an interim
9
final rule as necessary to implement the amend-
10
ments to such section 493C made by subsection
11
(f) of this title; and
12
(C) during the 18-month period after the
13
date of enactment of this title, issue an interim
14
final rule as necessary to implement the in-
15
come-based Repayment Assistance Program
16
under section 455(q) of such Act of 1965 (as
17
added by this title).
18
(3) WAIVER OF NEGOTIATED RULEMAKING.—
19
Any guidance or regulations issued or modified in
20
accordance with subparagraph (A) or (B) of para-
21
graph (2) shall not be subject to negotiated rule-
22
making requirements under section 492 of the High-
23
er Education Act of 1965 (20 U.S.C. 1098a).
24
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171
•HR 1 RH
(b) REPAYMENT PLANS.—Section 455(d) of the
1
Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is
2
amended—
3
(1) in paragraph (1)—
4
(A) in the matter preceding subparagraph
5
(A), by inserting ‘‘before July 1, 2026, who has
6
not received a loan made under this part on or
7
after July 1, 2026,’’ after ‘‘made under this
8
part’’;
9
(B) by amending subparagraph (D) to
10
read as follows:
11
‘‘(D) beginning on July 1, 2026, the in-
12
come-based Repayment Assistance Plan under
13
subsection (q), provided that—
14
‘‘(i) the borrower is required to pay
15
each outstanding loan of the borrower
16
made under this part under such Repay-
17
ment Assistance Plan;
18
‘‘(ii) such Plan shall not be available
19
to borrowers with an excepted loan (as de-
20
fined in paragraph (7)); and
21
‘‘(iii) the borrower may not change
22
the borrower’s selection of the Repayment
23
Assistance Plan except in accordance with
24
paragraph (7)(C).’’; and
25
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172
•HR 1 RH
(C) in subparagraph (E)—
1
(i) by striking ‘‘that enables borrowers
2
who have a partial financial hardship to
3
make a lower monthly payment’’; and
4
(ii) by striking ‘‘a Federal Direct Con-
5
solidation Loan, if the proceeds of such
6
loan were used to discharge the liability on
7
such Federal Direct PLUS Loan or a loan
8
under section 428B made on behalf of a
9
dependent student’’ and inserting ‘‘an ex-
10
cepted Consolidation Loan (as defined in
11
section 493C(a)(2))’’;
12
(2) in paragraph (5), by amending subpara-
13
graph (B) to read as follows:
14
‘‘(B) repay the loan pursuant to an in-
15
come-based repayment plan under subsection
16
(q) or section 493C, as applicable.’’; and
17
(3) by adding at the end the following:
18
‘‘(6) TERMINATION AND LIMITATION OF REPAY-
19
MENT AUTHORITY.—
20
‘‘(A) SUNSET
OF
REPAYMENT
PLANS
21
AVAILABLE BEFORE JULY 1, 2026.—Paragraphs
22
(1) through (4) of this subsection shall only
23
apply to loans made under this part before July
24
1, 2026.
25
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•HR 1 RH
‘‘(B) PROHIBITIONS.—The Secretary may
1
not, for any loan made under this part on or
2
after July 1, 2026—
3
‘‘(i) authorize a borrower of such a
4
loan to repay such loan pursuant to a re-
5
payment plan that is not described in
6
paragraph (7)(A); or
7
‘‘(ii) carry out or modify a repayment
8
plan that is not described in such para-
9
graph.
10
‘‘(7) REPAYMENT PLANS FOR LOANS MADE ON
11
OR AFTER JULY 1, 2026.—
12
‘‘(A) DESIGN AND SELECTION.—Beginning
13
on July 1, 2026, the Secretary shall offer a bor-
14
rower of a loan made under this part on or
15
after such date (including such a borrower who
16
also has a loan made under this part before
17
such date) two plans for repayment of the bor-
18
rower’s loans under this part, including prin-
19
cipal and interest on such loans. The borrower
20
shall be entitled to accelerate, without penalty,
21
repayment on such loans. The borrower may
22
choose—
23
‘‘(i) a standard repayment plan—
24
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174
•HR 1 RH
‘‘(I) with a fixed monthly repay-
1
ment amount paid over a fixed period
2
of time equal to the applicable period
3
determined under subclause (II); and
4
‘‘(II) with the applicable period
5
of time for repayment determined
6
based on the total outstanding prin-
7
cipal of all loans of the borrower made
8
under this part before, on, or after
9
July 1, 2026, at the time the bor-
10
rower is entering repayment under
11
such plan, as follows—
12
‘‘(aa) for a borrower with
13
total outstanding principal of less
14
than $25,000, a period of 10
15
years;
16
‘‘(bb) for a borrower with
17
total outstanding principal of not
18
less than $25,000 and less than
19
$50,000, a period of 15 years;
20
‘‘(cc) for a borrower with
21
total outstanding principal of not
22
less than $50,000 and less than
23
$100,000, a period of 20 years;
24
and
25
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•HR 1 RH
‘‘(dd) for a borrower with
1
total outstanding principal of
2
$100,000 or more, a period of 25
3
years; or
4
‘‘(ii) the income-based Repayment As-
5
sistance Plan under subsection (q).
6
‘‘(B) SELECTION
BY
SECRETARY.—If a
7
borrower of a loan made under this part on or
8
after July 1, 2026, does not select a repayment
9
plan described in subparagraph (A), the Sec-
10
retary shall provide the borrower with the
11
standard repayment plan described in subpara-
12
graph (A)(i).
13
‘‘(C) SELECTION
AVAILABLE
FOR
EACH
14
NEW LOAN; SELECTION APPLIES TO ALL OUT-
15
STANDING LOANS.—Each time a borrower re-
16
ceives a loan made under this part on or after
17
July 1, 2026, the borrower may select either
18
the standard repayment plan under subpara-
19
graph (A)(i) or the Repayment Assistance Plan
20
under subparagraph (A)(ii), provided that the
21
borrower is required to pay each outstanding
22
loan of the borrower made under this part
23
under such selected repayment plan.
24
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•HR 1 RH
‘‘(D) PERMISSIBLE CHANGES OF REPAY-
1
MENT PLAN.—
2
‘‘(i) CHANGING FROM STANDARD RE-
3
PAYMENT PLAN.—A borrower may change
4
the borrower’s selection of the standard re-
5
payment plan under subparagraph (A)(i),
6
or the Secretary’s selection of such plan
7
for the borrower under subparagraph (C),
8
as the case may be, to the Repayment As-
9
sistance Plan under subparagraph (A)(ii)
10
at any time.
11
‘‘(ii) LIMITED CHANGE FROM REPAY-
12
MENT
ASSISTANCE
PLAN.—A borrower
13
may not change the borrower’s selection of
14
the Repayment Assistance Plan under sub-
15
paragraph (A)(ii), except in accordance
16
with subparagraph (C).
17
‘‘(E) SPECIAL RULE FOR EXCEPTED LOAN
18
BORROWERS WITH LOANS MADE ON OR AFTER
19
JULY 1, 2026.—
20
‘‘(i) STANDARD REPAYMENT PLAN RE-
21
QUIRED.—Notwithstanding subparagraphs
22
(A) through (D), beginning on July 1,
23
2026, the Secretary shall require a bor-
24
rower who has an excepted loan and who
25
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177
•HR 1 RH
has received a loan made under this part
1
on or after such date to repay each out-
2
standing loan of the borrower made under
3
this part, including principal and interest
4
on such loans, under the standard repay-
5
ment plan under subparagraph (A)(i). The
6
borrower shall be entitled to accelerate,
7
without penalty, repayment on such loans.
8
‘‘(ii) EXCEPTED
LOAN
DEFINED.—
9
For the purposes of this paragraph, the
10
term ‘excepted loan’ means a loan with an
11
outstanding balance that is—
12
‘‘(I) a Federal Direct PLUS
13
Loan that is made on behalf of a de-
14
pendent student; or
15
‘‘(II) a Federal Direct Consolida-
16
tion Loan, if the proceeds of such loan
17
were used to the discharge the liability
18
on—
19
‘‘(aa) an excepted PLUS
20
loan,
as
defined
in
section
21
493C(a)(1); or
22
‘‘(bb) an excepted consolida-
23
tion loan (as such term is defined
24
in section 493C(a)(2)(A), not-
25
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•HR 1 RH
withstanding subparagraph (B)
1
of such section).
2
‘‘(F) TREATMENT OF BORROWERS WITH-
3
OUT LOANS MADE ON OR AFTER JULY 1, 2026.—
4
A borrower who has an outstanding loan (in-
5
cluding an excepted loan) made under this part
6
before July 1, 2026, and who has not received
7
a loan made under this part on or after July
8
1, 2026, shall not be eligible to change the bor-
9
rower’s selection of a repayment plan to the
10
standard repayment plan under subparagraph
11
(A)(i).’’.
12
(c) ELIMINATION OF AUTHORITY TO PROVIDE IN-
13
COME CONTINGENT REPAYMENT PLANS.—
14
(1) REPEAL.—Subsection (e) of section 455 the
15
Higher Education Act of 1965 (20 U.S.C. 1087e(e))
16
is repealed.
17
(2) FURTHER AMENDMENTS TO ELIMINATE IN-
18
COME CONTINGENT REPAYMENT.—
19
(A) Section 428 of the Higher Education
20
Act of 1965 (20 U.S.C. 1078) is amended—
21
(i) in subsection (b)(1)(D), by striking
22
‘‘be subject to income contingent repay-
23
ment in accordance with subsection (m)’’
24
and inserting ‘‘be subject to income-based
25
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179
•HR 1 RH
repayment in accordance with subsection
1
(m)’’; and
2
(ii) in subsection (m)—
3
(I) in the subsection heading, by
4
striking ‘‘INCOME CONTINGENT AND’’;
5
(II) by amending paragraph (1)
6
to read as follows:
7
‘‘(1) AUTHORITY
OF
SECRETARY
TO
RE-
8
QUIRE.—The Secretary may require borrowers who
9
have defaulted on loans made under this part that
10
are assigned to the Secretary under subsection
11
(c)(8) to repay those loans pursuant to an income-
12
based repayment plan under section 455(q) or sec-
13
tion 493C, as applicable.’’; and
14
(III) in the heading of paragraph
15
(2), by striking ‘‘INCOME CONTINGENT
16
OR’’.
17
(B) Section 428C of the Higher Education
18
Act of 1965 (20 U.S.C. 1078–3) is amended—
19
(i) in subsection (a)(3)(B)(i)(V)(aa),
20
by striking ‘‘for the purposes of obtaining
21
income contingent repayment or income-
22
based repayment’’ and inserting ‘‘for the
23
purposes of qualifying for an income-based
24
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•HR 1 RH
repayment plan under section 455(q) or
1
section 493C, as applicable’’;
2
(ii) in subsection (b)(5), by striking
3
‘‘be repaid either pursuant to income con-
4
tingent repayment under part D of this
5
title, pursuant to income-based repayment
6
under section 493C, or pursuant to any
7
other repayment provision under this sec-
8
tion’’ and inserting ‘‘be repaid pursuant to
9
an income-based repayment plan under
10
section 493C or any other repayment pro-
11
vision under this section’’; and
12
(iii) in subsection (c)—
13
(I) in paragraph (2)(A), by strik-
14
ing ‘‘or by the terms of repayment
15
pursuant to income contingent repay-
16
ment offered by the Secretary under
17
subsection (b)(5)’’ and inserting ‘‘or
18
by the terms of repayment pursuant
19
to an income-based repayment plan
20
under section 493C’’; and
21
(II) in paragraph (3)(B), by
22
striking ‘‘except as required by the
23
terms of repayment pursuant to in-
24
come contingent repayment offered by
25
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181
•HR 1 RH
the
Secretary
under
subsection
1
(b)(5)’’ and inserting ‘‘except as re-
2
quired by the terms of repayment pur-
3
suant to an income-based repayment
4
plan under section 493C’’.
5
(C) Section 485(d)(1) of the Higher Edu-
6
cation Act of 1965 (20 U.S.C. 1092(d)(1)) is
7
amended by striking ‘‘income-contingent and’’.
8
(D) Section 494(a)(2) of the Higher Edu-
9
cation Act of 1965 (20 U.S.C. 1098h(a)(2)) is
10
amended—
11
(i) in the paragraph heading, by strik-
12
ing ‘‘INCOME-CONTINGENT
AND
INCOME-
13
BASED’’ and inserting ‘‘INCOME-BASED’’;
14
(ii) in subparagraph (A)—
15
(I) in the matter preceding clause
16
(i), by striking ‘‘income-contingent
17
or’’; and
18
(II) in clause (ii)(I), by inserting
19
‘‘(as in effect on the day before the
20
date of repeal of subsection (e) of sec-
21
tion 455)’’ after ‘‘section 455(e)(8)’’.
22
(d) REPAYMENT ASSISTANCE PLAN.—Section 455 of
23
the Higher Education Act of 1965 (20 U.S.C. 1087e) is
24
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182
•HR 1 RH
amended by adding at the end the following new sub-
1
section:
2
‘‘(q) REPAYMENT ASSISTANCE PLAN.—
3
‘‘(1) IN GENERAL.—Notwithstanding any other
4
provision of this Act, beginning on July 1, 2026, the
5
Secretary shall carry out an income-based repayment
6
plan (to be known as the ‘Repayment Assistance
7
Plan’), that shall have the following terms and con-
8
ditions:
9
‘‘(A) The total monthly repayment amount
10
owed by a borrower for all of the loans of the
11
borrower that are repaid pursuant to the Re-
12
payment Assistance Plan shall be equal to the
13
applicable monthly payment of a borrower cal-
14
culated under paragraph (3)(B), except that the
15
borrower may not be precluded from repaying
16
an amount that exceeds such amount for any
17
month.
18
‘‘(B) The Secretary shall apply the bor-
19
rower’s applicable monthly payment under this
20
paragraph first toward interest due on each
21
such loan, next toward any fees due on each
22
loan, and then toward the principal of each
23
loan.
24
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183
•HR 1 RH
‘‘(C) Any principal due and not paid under
1
subparagraph (B) or paragraph (2)(B) shall be
2
deferred.
3
‘‘(D) A borrower who is not in a period of
4
deferment or forbearance shall make an appli-
5
cable monthly payment for each month until the
6
earlier of—
7
‘‘(i) the date on which the outstanding
8
balance of principal and interest due on all
9
of the loans of the borrower that are re-
10
paid pursuant to the Repayment Assist-
11
ance Plan is $0; or
12
‘‘(ii) the date on which the borrower
13
has made 360 qualifying monthly pay-
14
ments.
15
‘‘(E) The Secretary shall repay or cancel
16
any outstanding balance of principal and inter-
17
est due on a loan made under this part to a
18
borrower—
19
‘‘(i) who, for any period of time, par-
20
ticipated in the Repayment Assistance
21
Plan under this subsection;
22
‘‘(ii) whose most recent payment for
23
such loan prior to the loan cancellation
24
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184
•HR 1 RH
under this subparagraph was made under
1
such Repayment Assistance Plan; and
2
‘‘(iii) who has made 360 qualifying
3
monthly payments on such loan.
4
‘‘(F) For the purposes of this subsection,
5
the term ‘qualifying monthly payment’ means
6
any of the following:
7
‘‘(i) An on-time applicable monthly
8
payment under this subsection.
9
‘‘(ii) An on-time monthly payment
10
under the standard repayment plan under
11
subsection (d)(7)(A)(i) of not less than the
12
monthly payment required under such
13
plan.
14
‘‘(iii) A monthly payment under any
15
repayment plan of not less than the
16
monthly payment that would be required
17
under a standard repayment plan under
18
section 455(d)(1)(A) with a repayment pe-
19
riod of 10 years.
20
‘‘(iv) A monthly payment under sec-
21
tion 493C of not less than the monthly
22
payment required under such section, in-
23
cluding a monthly payment equal to the
24
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185
•HR 1 RH
minimum
payment
amount
permitted
1
under such section.
2
‘‘(v) A monthly payment made before
3
the date of enactment of this subsection
4
under an income-contingent repayment
5
plan
carried
out
under
section
6
455(d)(1)(D) (or under an alternative re-
7
payment plan in lieu of repayment under
8
such an income-contingent repayment plan,
9
if placed in such an alternative repayment
10
plan by the Secretary) of not less than the
11
monthly payment required under such a
12
plan, including a monthly payment equal
13
to the minimum payment amount per-
14
mitted under such a plan.
15
‘‘(vi) A month when the borrower did
16
not make a payment because the borrower
17
was in deferment due to an economic hard-
18
ship described in section 435(o).
19
‘‘(vii) A month that ended before the
20
date of enactment of this subsection when
21
the borrower did not make a payment be-
22
cause the borrower was in a period
23
deferment or forbearance described in sec-
24
tion 685.209(k)(4)(iv) of title 34, Code of
25
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186
•HR 1 RH
Federal Regulations (as in effect on the
1
date of enactment of this subsection).
2
‘‘(G) With respect to carrying out section
3
494(a)(2) for the Repayment Assistance Plan,
4
an individual may elect to opt out of the disclo-
5
sures required under section 494(a)(2)(A)(ii) in
6
accordance with the procedures established
7
under section 493C(c)(2)(B).
8
‘‘(2) BALANCE
ASSISTANCE
FOR
DISTRESSED
9
BORROWERS.—
10
‘‘(A) INTEREST SUBSIDY.—With respect to
11
a borrower of a loan made under this part, for
12
each month for which such a borrower makes
13
an on-time applicable monthly payment re-
14
quired under paragraph (1)(A) and such
15
monthly payment is insufficient to pay the total
16
amount of interest that accrues for the month
17
on all loans of the borrower repaid pursuant to
18
the Repayment Assistance Plan under this sub-
19
section, the amount of interest accrued and not
20
paid for the month shall not be charged to the
21
borrower.
22
‘‘(B) MATCHING
PRINCIPAL
PAYMENT.—
23
With respect to a borrower of a loan made
24
under this part and not in a period of
25
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187
•HR 1 RH
deferment or forbearance, for each month for
1
which a borrower makes an on-time applicable
2
monthly payment required under paragraph
3
(1)(A) and such monthly payment reduces the
4
total outstanding principal balance of all loans
5
of the borrower repaid pursuant to the Repay-
6
ment Assistance Plan under this subsection by
7
less than $50, the Secretary shall reduce such
8
total outstanding principal balance of the bor-
9
rower by an amount that is equal to—
10
‘‘(i) the amount that is the lesser of—
11
‘‘(I) $50; or
12
‘‘(II) the total amount paid by
13
the borrower for such month pursuant
14
to paragraph (1)(A), minus
15
‘‘(ii) the total amount paid by the bor-
16
rower for such month pursuant to para-
17
graph (1)(A) that is applied to such total
18
outstanding principal balance.
19
‘‘(3) DEFINITIONS.—In this paragraph:
20
‘‘(A) ADJUSTED
GROSS
INCOME.—The
21
term ‘adjusted gross income’, when used with
22
respect to a borrower, means the adjusted gross
23
income (as such term is defined in section 62
24
of the Internal Revenue Code of 1986) of the
25
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188
•HR 1 RH
borrower (and the borrower’s spouse, as appli-
1
cable) for the most recent taxable year, except
2
that, in the case of a married borrower who
3
files a separate Federal income tax return, the
4
term does not include the adjusted gross income
5
of the borrower’s spouse.
6
‘‘(B) APPLICABLE MONTHLY PAYMENT.—
7
‘‘(i) IN
GENERAL.—Except as pro-
8
vided in clause (ii) or (iii), the term ‘appli-
9
cable monthly payment’ means, when used
10
with respect to a borrower, the amount
11
equal to—
12
‘‘(I) the applicable base payment
13
of the borrower, divided by 12; minus
14
‘‘(II) $50 for each dependent
15
child of the borrower.
16
‘‘(ii) MINIMUM AMOUNT.—In the case
17
of a borrower with an applicable monthly
18
payment amount calculated under clause
19
(i) that is less than $10, the applicable
20
monthly payment of the borrower shall be
21
$10.
22
‘‘(iii) FINAL PAYMENT.—In the case
23
of a borrower whose total outstanding bal-
24
ance of principal and interest on all of the
25
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189
•HR 1 RH
loans of the borrower that are repaid pur-
1
suant to the Repayment Assistance Plan is
2
less than the applicable monthly payment
3
calculated pursuant to clause (i) or (ii), as
4
applicable, then the applicable monthly
5
payment of the borrower shall be the total
6
outstanding balance of principal and inter-
7
est on all such loans.
8
‘‘(iv) BASE
PAYMENT.—The amount
9
of the applicable base payment for a bor-
10
rower with an adjusted gross income of—
11
‘‘(I) not more than $10,000, is
12
$120;
13
‘‘(II) more than $10,000 and not
14
more than $20,000, is 1 percent of
15
such adjusted gross income;
16
‘‘(III) more than $20,000 and
17
not more than $30,000, is 2 percent
18
of such adjusted gross income;
19
‘‘(IV) more than $30,000 and
20
not more than $40,000, is 3 percent
21
of such adjusted gross income;
22
‘‘(V) more than $40,000 and not
23
more than $50,000, is 4 percent of
24
such adjusted gross income;
25
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190
•HR 1 RH
‘‘(VI) more than $50,000 and
1
not more than $60,000, is 5 percent
2
of such adjusted gross income;
3
‘‘(VII) more than $60,000 and
4
not more than $70,000, is 6 percent
5
of such adjusted gross income;
6
‘‘(VIII) more than $70,000 and
7
not more than $80,000, is 7 percent
8
of such adjusted gross income;
9
‘‘(IX) more than $80,000 and
10
not more than $90,000, is 8 percent
11
of such adjusted gross income;
12
‘‘(X) more than $90,000 and not
13
more than $100,000, is 9 percent of
14
such adjusted gross income; and
15
‘‘(XI) more than $100,000, is 10
16
percent of such adjusted gross in-
17
come.
18
‘‘(v) DEPENDENT CHILD OF THE BOR-
19
ROWER.—For the purposes of this para-
20
graph, the term ‘dependent child of the
21
borrower’ means an individual who—
22
‘‘(I) is under 17 years of age;
23
and
24
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191
•HR 1 RH
‘‘(II) is the borrower’s dependent
1
child or another person who lives with
2
and receives more than one-half of
3
their support from the borrower.’’.
4
(e) FEDERAL
CONSOLIDATION
LOANS.—Section
5
455(g) of the Higher Education Act of 1965 (20 U.S.C.
6
1087e(g)) is amended by adding at the end the following
7
new paragraph:
8
‘‘(3) CONSOLIDATION
LOANS
MADE
ON
OR
9
AFTER JULY 1, 2026.—Notwithstanding subsections
10
(b)(5), (c)(2), and (c)(3)(A) and (B) of section
11
428C, a Federal Direct Consolidation Loan offered
12
to a borrower under this part on or after July 1,
13
2026, may only be repaid pursuant to a repayment
14
plan described in subsection (d)(7)(A)(i) or (ii) of
15
this section, as applicable, and the repayment sched-
16
ule of such a Consolidation Loan shall be determined
17
in accordance with such repayment plan.’’.
18
(f) INCOME-BASED REPAYMENT.—
19
(1) AMENDMENTS.—
20
(A) EXCEPTED CONSOLIDATION LOAN DE-
21
FINED.—Section 493C(a)(2) of the Higher
22
Education Act of 1965 (20 U.S.C. 1098e(a)(2))
23
is amended to read as follows:
24
‘‘(2) EXCEPTED CONSOLIDATION LOAN.—
25
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192
•HR 1 RH
‘‘(A) IN
GENERAL.—The term ‘excepted
1
consolidation loan’ means—
2
‘‘(i) a consolidation loan under section
3
428C, or a Federal Direct Consolidation
4
Loan, if the proceeds of such loan were
5
used to the discharge the liability on an ex-
6
cepted PLUS loan; or
7
‘‘(ii) a consolidation loan under sec-
8
tion 428C, or a Federal Direct Consolida-
9
tion Loan, if the proceeds of such loan
10
were used to discharge the liability on a
11
consolidation loan under section 428C or a
12
Federal Direct Consolidation Loan de-
13
scribed in clause (i).
14
‘‘(B) EXCLUSION.—The term ‘excepted
15
consolidation loan’ does not include a Federal
16
Direct Consolidation Loan described in sub-
17
paragraph (A) that (on the day before the date
18
of enactment of this subparagraph) was being
19
repaid pursuant to the Income-Contingent Re-
20
payment (ICR) plan in accordance with section
21
685.209(a) of title 34, Code of Federal Regula-
22
tions (as in effect on June 30, 2023).’’.
23
(B) TERMS
OF
INCOME-BASED
REPAY-
24
MENT.—Section 493C(b) of the Higher Edu-
25
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193
•HR 1 RH
cation Act of 1965 (20 U.S.C. 1098e(b)) is
1
amended—
2
(i) by amending paragraph (1) to read
3
as follows:
4
‘‘(1) a borrower of any loan made, insured, or
5
guaranteed under part B or D (other than an ex-
6
cepted PLUS loan or excepted consolidation loan),
7
may elect to have the borrower’s aggregate monthly
8
payment for all such loans not exceed the result de-
9
scribed in subsection (a)(3)(B) divided by 12;’’;
10
(ii) in paragraph (3)—
11
(I) in subparagraph (B)—
12
(aa) in clause (i)—
13
(AA) by striking sub-
14
clause (II); and
15
(BB) by striking ‘‘the
16
borrower’’ and all the fol-
17
lows through ‘‘ends’’ and in-
18
serting ‘‘the borrower ends’’;
19
and
20
(bb) in clause (ii)—
21
(AA) by striking sub-
22
clause (II);
23
(BB) by striking ‘‘the
24
borrower’’ and all the fol-
25
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194
•HR 1 RH
lows through ‘‘ends’’ and in-
1
serting ‘‘the borrower ends’’;
2
and
3
(CC) by striking ‘‘or’’
4
at the end;
5
(iii) by repealing paragraph (6);
6
(iv) in paragraph (7)(B)—
7
(I) in the matter preceding clause
8
(i), by striking ‘‘for a period of time
9
prescribed by the Secretary, not to ex-
10
ceed 25 years’’ and inserting the fol-
11
lowing: ‘‘for 25 years (in the case of
12
a borrower who is repaying at least
13
one loan for a program of study for
14
which a graduate credential (as de-
15
fined in section 472A)) is awarded, or,
16
for 20 years (in the case of a bor-
17
rower who is not repaying at least one
18
such loan)’’;
19
(II) in clause (i), by inserting
20
‘‘(as such paragraph was in effect on
21
the day before the date of the repeal
22
of paragraph (6))’’ after ‘‘paragraph
23
(6)’’; and
24
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195
•HR 1 RH
(III) in clause (iv), by inserting
1
‘‘(as such section was in effect on the
2
day before the date of the repeal of
3
paragraph
(6))’’
after
‘‘section
4
455(d)(1)(D)’’; and
5
(v) in paragraph (8), by striking
6
‘‘standard repayment plan’’ and inserting
7
‘‘standard repayment plan under section
8
428(b)(9)(A)(i) or 455(d)(1)(A), or the
9
Repayment Assistance Program under sec-
10
tion 455(q)’’.
11
(C) ELIGIBILITY DETERMINATIONS.—Sec-
12
tion 493C(c)(2) of the Higher Education Act of
13
1965 (20 U.S.C. 1098e(c)(2)) is further amend-
14
ed—
15
(i) in subparagraph (A), by inserting
16
‘‘(as in effect on the day before the date of
17
repeal of subsection (e) of section 455)’’
18
after ‘‘section 455(e)(1)’’; and
19
(ii) in subparagraph (B), by inserting
20
‘‘(as in effect on the day before the date of
21
repeal of subsection (e) of section 455)’’
22
after ‘‘section 455(e)(8)’’.
23
(D) TERMINATION OF SPECIAL TERMS FOR
24
NEW
BORROWERS
ON
AND
AFTER
JULY
1,
25
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196
•HR 1 RH
2014.—Section 493C of the Higher Education
1
Act of 1965 (20 U.S.C. 1098e(e)) is further
2
amended by striking subsection (e).
3
(2) EFFECTIVE DATE AND APPLICATION.—The
4
amendments made by this subsection shall take ef-
5
fect on the date of enactment of this title, and shall
6
apply with respect to any borrower who is in repay-
7
ment before, on, or after the date of enactment of
8
this title.
9
SEC. 30022. DEFERMENT; FORBEARANCE.
10
(a) HEADING AMENDMENT.—Section 455(f) of the
11
Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is
12
amended by striking the subsection heading and inserting
13
the following: ‘‘DEFERMENT; FORBEARANCE’’.
14
(b) SUNSET OF ECONOMIC HARDSHIP AND UNEM-
15
PLOYMENT DEFERMENTS.—Section 455(f) of the Higher
16
Education Act of 1965 (20 U.S.C.1087e(f)) is amended—
17
(1) in paragraph (2)—
18
(A) in subparagraph (B), by striking ‘‘not
19
in’’ and inserting ‘‘subject to paragraph (7), not
20
in’’ ; and
21
(B) in subparagraph (D), by striking ‘‘not
22
in’’ and inserting ‘‘subject to paragraph (7), not
23
in’’; and
24
(2) by adding at the end the following:
25
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197
•HR 1 RH
‘‘(7) SUNSET
OF
UNEMPLOYMENT
AND
ECO-
1
NOMIC HARDSHIP DEFERMENTS.—A borrower who
2
receives a loan made under this part on or after
3
July 1, 2025, shall not be eligible to defer such loan
4
under subparagraph (B) or (D) of paragraph (2).’’.
5
(c) FORBEARANCE ON LOANS MADE UNDER THIS
6
PART ON OR AFTER JULY 1, 2025.—Section 455(f) of the
7
Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is
8
amended by adding at the end the following:
9
‘‘(8) FORBEARANCE ON LOANS MADE UNDER
10
THIS PART ON OR AFTER JULY 1, 2025.—A borrower
11
who receives a loan made under this part on or after
12
July 1, 2025—
13
‘‘(A) may only be eligible for a forbearance
14
on such loan pursuant to section 428(c)(3)(B)
15
that does not exceed 9 months during any 24-
16
month period; and
17
‘‘(B) in the case of a borrower who is serv-
18
ing in a medical or dental internship or resi-
19
dency program (as such program is described in
20
section 428(c)(3)(A)(i)(I)), may be eligible for a
21
forbearance
on
such
loan
pursuant
to
22
428(c)(3)(A)(i)(I), during which—
23
‘‘(i) for the first 4 12-month intervals,
24
interest shall not accrue; and
25
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‘‘(ii) for any subsequent 12-month in-
1
terval, interest shall accrue.’’.
2
SEC. 30023. LOAN REHABILITATION.
3
(a) UPDATING LOAN REHABILITATION LIMITS.—
4
(1)
FFEL
AND
DIRECT
LOANS.—Section
5
428F(a)(5) of the Higher Education Act of 1965
6
(20 U.S.C. 1078–6(a)(5)) is amended by striking
7
‘‘one time’’ and inserting ‘‘two times’’.
8
(2) PERKINS LOANS.—Section 464(h)(1)(D) of
9
the Higher Education Act of 1965 (20 U.S.C.
10
1087dd(h)(1)(D)) is amended by striking ‘‘once’’
11
and inserting ‘‘twice’’.
12
(3) EFFECTIVE DATE.—The amendments made
13
by this subsection shall take effect on the date of en-
14
actment of this Act, and shall apply with respect to
15
any loan made, insured, or guaranteed under title IV
16
of the Higher Education Act of 1965 (20 U.S.C.
17
1070 et seq.).
18
(b) MINIMUM MONTHLY PAYMENT AMOUNT.—Sec-
19
tion 428F(a)(1)(B) of the Higher Education Act of 1965
20
(20 U.S.C. 1078–6(a)(1)(B)) is amended by adding at the
21
end the following: ‘‘With respect a loan made under part
22
D on or after July 1, 2025, a monthly payment amount
23
described in subparagraph (A) may not be less than $10.’’.
24
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•HR 1 RH
SEC. 30024. PUBLIC SERVICE LOAN FORGIVENESS.
1
(a)
REPAYMENT
ASSISTANCE
PLAN.—Section
2
455(m)(1)(A) of the Higher Education Act of 1965 (20
3
U.S.C. 1087e(m)(1)(A)) is amended—
4
(1) in clause (iii), by striking ‘‘; or’’ and insert-
5
ing a semicolon;
6
(2) in clause (iv), by striking ‘‘; and’’ and in-
7
serting ‘‘(as in effect on the day before the date of
8
the repeal of subsection (e) of this section); or’’; and
9
(3) by adding at the end the following new
10
clause:
11
‘‘(v) on-time payments under the Re-
12
payment Assistance Plan under section
13
455(q); and’’.
14
(b) PUBLIC SERVICE JOB.—Section 455(m)(3)(B) of
15
the Higher Education Act of 1965 (20 U.S.C.
16
1087e(m)(3)(B)) is amended—
17
(1) by redesignating clauses (i) and (ii) as sub-
18
clauses (I) and (II), respectively, and adjusting the
19
margins accordingly;
20
(2) by striking ‘‘The term’’ and inserting the
21
following:
22
‘‘(i) IN GENERAL.—The term’’; and
23
(3) by adding at the end the following:
24
‘‘(ii) EXCLUSION.—The term ‘public
25
service job’ does not include time served in
26
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a medical or dental internship or residency
1
program (as such program is described in
2
section 428(c)(3)(A)(i)(I)) by an individual
3
who, as of June 30, 2025, has not bor-
4
rowed a Federal Direct PLUS Loan or a
5
Federal
Direct
Unsubsidized
Stafford
6
Loan for a program of study that awards
7
a graduate credential upon completion of
8
such program.’’.
9
SEC. 30025. STUDENT LOAN SERVICING.
10
Paragraph (1) of section 458(a) of the Higher Edu-
11
cation Act of 1965 (20 U.S.C. 1087h(a)(1)) is amended
12
to read as follows:
13
‘‘(1) ADDITIONAL MANDATORY FUNDS FOR FIS-
14
CAL YEARS 2025 AND 2026.—For each of the fiscal
15
years 2025 and 2026 there shall be available to the
16
Secretary (in addition to any other amounts appro-
17
priated under any appropriations Act for administra-
18
tive costs under this part and part B and out of any
19
money in the Treasury not otherwise appropriated)
20
funds to be obligated for administrative costs under
21
this part and part B, including the costs of the di-
22
rect student loan programs under this part, not to
23
exceed $500,000,000 in each such fiscal year.’’.
24
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Subtitle D—Pell Grants
1
SEC. 30031. ELIGIBILITY.
2
(a) FOREIGN INCOME AND FEDERAL PELL GRANT
3
ELIGIBILITY.—
4
(1) ADJUSTED GROSS INCOME DEFINED.—Sec-
5
tion 401(a)(2)(A) of the Higher Education Act of
6
1965 (20 U.S.C. 1070a(a)(2)(A)) is amended to
7
read as follows:
8
‘‘(A) the term ‘adjusted gross income’
9
means—
10
‘‘(i) in the case of a dependent stu-
11
dent, for the second tax year preceding the
12
academic year—
13
‘‘(I) the adjusted gross income
14
(as defined in section 62 of the Inter-
15
nal Revenue Code of 1986) of the stu-
16
dent’s parents; plus
17
‘‘(II) the foreign income (as de-
18
scribed in section 480(b)(5)) of the
19
student’s parents; and
20
‘‘(ii) in the case of an independent
21
student, for the second tax year preceding
22
the academic year—
23
‘‘(I) the adjusted gross income
24
(as defined in section 62 of the Inter-
25
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202
•HR 1 RH
nal Revenue Code of 1986) of the stu-
1
dent (and the student’s spouse, if ap-
2
plicable); plus
3
‘‘(II) the foreign income (as de-
4
scribed in section 480(b)(5)) of the
5
student (and the student’s spouse, if
6
applicable);’’.
7
(2) SUNSET.—Section 401(b)(1)(D) of the
8
Higher
Education
Act
of
1965
(20
U.S.C.
9
1070a(b)(1)(D)) is amended by striking ‘‘A student’’
10
and inserting ‘‘For each academic year beginning be-
11
fore July 1, 2025, a student’’.
12
(3)
CONFORMING
AMENDMENT.—Section
13
479A(b)(1)(B) of the Higher Education Act of 1965
14
(20 U.S.C. 1087tt(b)(1)(B)) is amended—
15
(A) by striking clause (v); and
16
(B) by redesignating clauses (vi) and (vii)
17
as clauses (v) and (vi), respectively.
18
(b) DEFINITION OF FULL TIME ENROLLMENT FOR
19
FEDERAL PELL GRANT ELIGIBILITY.—Section 401(a)(2)
20
of the Higher Education Act of 1965 (20 U.S.C.
21
1070a(a)(2)) is further amended—
22
(1) in subparagraph (E), by striking ‘‘and’’
23
after the semicolon;
24
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203
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(2) in subparagraph (F), by striking the period
1
and inserting ‘‘; and’’; and
2
(3) by adding at the end the following new sub-
3
paragraph:
4
‘‘(G)
notwithstanding
section
5
481(a)(2)(A)(iii), the terms ‘full time’ and ‘full-
6
time’ (except with respect to subsection (d)(4)
7
when used as part of the term ‘normal full-time
8
workload’) mean, with respect to a student en-
9
rolled in an undergraduate course of study, the
10
student is expected to complete at least 30 se-
11
mester or trimester hours or 45 quarter credit
12
hours (or the clock hour equivalent) in each
13
academic year a student is enrolled in the
14
course of study.’’.
15
(c) FEDERAL PELL GRANT INELIGIBILITY DUE TO
16
A HIGH STUDENT AID INDEX.—Section 401(b)(1) of the
17
Higher Education Act of 1965 (20 U.S.C. 1070a–1(b)(1))
18
is amended by adding at the end the following:
19
‘‘(F) INELIGIBILITY OF STUDENTS WITH A
20
HIGH STUDENT AID INDEX.—Notwithstanding
21
subparagraphs (A) through (E), a student shall
22
not be eligible for a Federal Pell Grant under
23
this subsection for an academic year in which
24
the student has a student aid index that equals
25
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204
•HR 1 RH
or exceeds twice the amount of the total max-
1
imum Federal Pell Grant for such academic
2
year.’’.
3
(d) NO FEDERAL PELL GRANT ELIGIBILITY FOR
4
STUDENTS ENROLLED LESS THAN HALF TIME.—Section
5
401 of the Higher Education Act of 1965 (20 U.S.C.
6
1070a) is further amended—
7
(1) in subsection (b)—
8
(A) by striking ‘‘(2) LESS’’ and inserting
9
‘‘(2)(A) LESS’’; and
10
(B) by inserting after subparagraph (A)
11
(as so designated by subparagraph (A) of this
12
subsection) the following new subparagraph:
13
‘‘(B) LESS THAN HALF-TIME ENROLLMENT.—
14
Notwithstanding subparagraph (A), a student who
15
first receives a Federal Pell Grant on or after July
16
1, 2025, shall not be eligible for an award under this
17
subsection for any academic year beginning after
18
such date in which the student is enrolled in an eli-
19
gible program of an institution of higher education
20
on less than a half-time basis. The Secretary shall
21
update the schedule of reductions described in sub-
22
paragraph (A) in accordance with this subpara-
23
graph, including for students receiving the minimum
24
Federal Pell Grant.’’;
25
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205
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(2) in subsection (c)(6)(A), by inserting ‘‘, and
1
the eligibility requirement of enrollment on at least
2
a half-time basis under subsection (b)(2),’’ after
3
‘‘(b)(1)’’; and
4
(3) in subsection (d)(5)(A), by inserting ‘‘(and
5
at least half time, in the case of a student who first
6
receives a Federal Pell Grant under subsection (b)
7
on or after July 1, 2025)’’ after ‘‘full time’’.
8
(e) EFFECTIVE
DATE
AND
APPLICATION.—The
9
amendments made by this section shall take effect on July
10
1, 2025, and shall apply with respect to award year 2025–
11
2026 and each subsequent award year.
12
SEC. 30032. WORKFORCE PELL GRANTS.
13
(a) IN GENERAL.—Section 401 of the Higher Edu-
14
cation Act of 1965 (20 U.S.C. 1070a) is amended by add-
15
ing at the end the following:—
16
‘‘(k) WORKFORCE PELL GRANT PROGRAM.—
17
‘‘(1) IN GENERAL.—For the award year begin-
18
ning on July 1, 2026, and each subsequent award
19
year, the Secretary shall award grants (to be known
20
as ‘Workforce Pell Grants’) to eligible students
21
under paragraph (2) in accordance with this sub-
22
section.
23
‘‘(2) ELIGIBLE STUDENTS.—To be eligible to
24
receive a Workforce Pell Grant under this subsection
25
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for any period of enrollment, a student shall meet
1
the eligibility requirements for a Federal Pell Grant
2
under this section, except that the student—
3
‘‘(A) shall be enrolled, or accepted for en-
4
rollment, in an eligible program under section
5
481(b)(3) (hereinafter referred to as an ‘eligible
6
workforce program’); and
7
‘‘(B) may not—
8
‘‘(i) be enrolled, or accepted for enroll-
9
ment, in a program of study that leads to
10
a graduate credential; or
11
‘‘(ii) have attained such a credential.
12
‘‘(3) TERMS AND CONDITIONS OF AWARDS.—
13
The Secretary shall award Workforce Pell Grants
14
under this subsection in the same manner and with
15
the same terms and conditions as the Secretary
16
awards Federal Pell Grants under this section, ex-
17
cept that—
18
‘‘(A) each use of the term ‘eligible pro-
19
gram’ (except in subsections (b)(9)(A) and
20
(d)(2)) shall be substituted by ‘eligible work-
21
force program under section 481(b)(3)’; and
22
‘‘(B) a student who is eligible for a grant
23
equal to less than the amount of the minimum
24
Federal Pell Grant because the eligible work-
25
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•HR 1 RH
force program in which the student is enrolled
1
or accepted for enrollment is less than an aca-
2
demic year (in hours of instruction or weeks of
3
duration) may still be eligible for a Workforce
4
Pell Grant in an amount that is prorated based
5
on the length of the program.
6
‘‘(4) PREVENTION OF DOUBLE BENEFITS.—No
7
eligible student described in paragraph (2) may con-
8
currently receive a grant under both this subsection
9
and—
10
‘‘(A) subsection (b); or
11
‘‘(B) subsection (c).
12
‘‘(5) DURATION LIMIT.—Any period of study
13
covered by a Workforce Pell Grant awarded under
14
this subsection shall be included in determining a
15
student’s duration limit under subsection (d)(5).’’.
16
(b) PROGRAM ELIGIBILITY FOR WORKFORCE PELL
17
GRANTS.—Section 481(b) of the Higher Education Act of
18
1965 (20 U.S.C. 1088(b)) is amended—
19
(1) by redesignating paragraphs (3) and (4) as
20
paragraphs (4) and (5), respectively; and
21
(2) by inserting after paragraph (2) the fol-
22
lowing:
23
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‘‘(3)(A) A program is an eligible program for pur-
1
poses of the Workforce Pell Grant program under section
2
401(k) only if—
3
‘‘(i) it is a program of at least 150 clock hours
4
of instruction, but less than 600 clock hours of in-
5
struction, or an equivalent number of credit hours,
6
offered by an eligible institution during a minimum
7
of 8 weeks, but less than 15 weeks;
8
‘‘(ii) it is not offered as a correspondence
9
course, as defined in 600.2 of title 34, Code of Fed-
10
eral Regulations (as in effect on September 20,
11
2020);
12
‘‘(iii) the Governor of a State, after consulta-
13
tion with the State board, determines that the pro-
14
gram—
15
‘‘(I) provides an education aligned with the
16
requirements of high-skill, high-wage (as identi-
17
fied by the State pursuant to section 122 of the
18
Carl D. Perkins Career and Technical Edu-
19
cation Act (20 U.S.C. 2342)), or in-demand in-
20
dustry sectors or occupations;
21
‘‘(II) meets the hiring requirements of po-
22
tential employers in the sectors or occupations
23
described in subclause (I);
24
‘‘(III) either—
25
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‘‘(aa) leads to a recognized postsec-
1
ondary credential that is stackable and
2
portable across more than one employer; or
3
‘‘(bb) with respect to students en-
4
rolled in the program—
5
‘‘(AA) prepares such students for
6
employment in an occupation for
7
which there is only one recognized
8
postsecondary credential; and
9
‘‘(BB) provides such students
10
with such a credential upon comple-
11
tion of such program; and
12
‘‘(IV) prepares students to pursue 1 or
13
more certificate or degree programs at 1 or
14
more institutions of higher education (which
15
may include the eligible institution providing
16
the program), including by ensuring—
17
‘‘(aa) that a student, upon completion
18
of the program and enrollment in such a
19
related certificate or degree program, will
20
receive academic credit for the Workforce
21
Pell program that will be accepted toward
22
meeting such certificate or degree program
23
requirements; and
24
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‘‘(bb) the acceptability of such credit
1
toward meeting such certificate or degree
2
program requirements; and
3
‘‘(iv) after the Governor of such State makes
4
the determination that the program meets the re-
5
quirements under clause (iii), the Secretary deter-
6
mines that—
7
‘‘(I) the program has been offered by the
8
eligible institution for not less than 1 year prior
9
to the date on which the Secretary makes a de-
10
termination under this clause;
11
‘‘(II) for each award year, the program has
12
a verified completion rate of at least 70 percent,
13
within 150 percent of the normal time for com-
14
pletion;
15
‘‘(III) for each award year, the program
16
has a verified job placement rate of at least 70
17
percent, measured 180 days after completion;
18
and
19
‘‘(IV) for each award year, the median
20
value-added earnings (as defined in section
21
420W) of students who completed such pro-
22
gram for the most recent year for which data
23
is available exceeds the median total price (as
24
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•HR 1 RH
defined in section 454(d)(3)(D)) charged to stu-
1
dents in such award year.
2
‘‘(B) In this paragraph:
3
‘‘(i) The term ‘eligible institution’ means
4
an institution of higher education (as defined in
5
section 102), or any other entity that has en-
6
tered into a program participation agreement
7
with the Secretary under section 487(a) (with-
8
out regard to whether that entity is accredited
9
by a national recognized accrediting agency or
10
association), which has not been subject, during
11
any of the preceding 3 years, to—
12
‘‘(I) any suspension, emergency ac-
13
tion, or termination under this title;
14
‘‘(II) in the case of an institution of
15
higher education, any adverse action by the
16
institution’s accrediting agency or associa-
17
tion that revokes or denies accreditation
18
for the institution; or
19
‘‘(III) any final action by the State in
20
which the institution or other entity holds
21
its legal domicile, authorization, or accredi-
22
tation that revokes the institution’s or enti-
23
ty’s license or other authority to operate in
24
such State.
25
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•HR 1 RH
‘‘(ii) The term ‘Governor’ means the chief
1
executive of a State.
2
‘‘(iii) The terms ‘industry or sector part-
3
nership’, ‘in-demand industry sector or occupa-
4
tion’, ‘recognized postsecondary credential’, and
5
‘State board’ have the meanings given such
6
terms in section 3 of the Workforce Innovation
7
and Opportunity Act.’’.
8
(c) STUDENT ELIGIBILITY.—Section 484(a)(1) of the
9
Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)) is
10
amended by inserting ‘‘or, for purposes of section 401(k),
11
at an entity (other than an institution of higher education)
12
that meets the requirements of section 481(b)(3)(B)(i)’’
13
after ‘‘section 487’’.
14
(d) EFFECTIVE DATE; APPLICABILITY.—The amend-
15
ments made by this section shall take effect on July 1,
16
2026, and shall apply with respect to award year 2026–
17
2027 and each succeeding award year.
18
SEC. 30033. PELL SHORTFALL.
19
Section 401(b)(7)(A) of the Higher Education Act of
20
1965 (20 U.S.C. 1070a(b)(7)(A)) is amended—
21
(1) in clause (iii)—
22
(A) by striking ‘‘$2,170,000,000’’ and in-
23
serting ‘‘$5,351,000,000’’; and
24
(B) by striking ‘‘and’’ at the end;
25
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213
•HR 1 RH
(2) in clause (iv)—
1
(A) by striking ‘‘$1,236,000,000’’ and in-
2
serting ‘‘$6,058,000,000’’; and
3
(B) by striking ‘‘ and each succeeding fis-
4
cal year.’’ and inserting a semicolon; and
5
(3) by adding at the end the following:
6
‘‘(v) $3,743,000,000 for fiscal year
7
2028; and
8
‘‘(vi) $1,236,000,000 for each suc-
9
ceeding fiscal year.’’.
10
Subtitle E—Accountability
11
SEC. 30041. AGREEMENTS WITH INSTITUTIONS.
12
Section 454 of the Higher Education Act of 1965 (20
13
U.S.C. 1087d) is amended—
14
(1) in subsection (a)—
15
(A) in paragraph (5), by striking ‘‘and’’
16
after the semicolon;
17
(B) by redesignating paragraph (6) as
18
paragraph (7); and
19
(C) by inserting after paragraph (5) the
20
following new paragraph:
21
‘‘(6) provide annual reimbursements to the Sec-
22
retary in accordance with the requirements under
23
subsection (d); and’’; and
24
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(2) by adding at the end the following new sub-
1
section:
2
‘‘(d) REIMBURSEMENT REQUIREMENTS.—
3
‘‘(1) ANNUAL REIMBURSEMENTS REQUIRED.—
4
Beginning in award year 2028–2029, each institu-
5
tion of higher education participating in the direct
6
student loan program under this part shall, for
7
qualifying student loans, remit to the Secretary, at
8
such time as the Secretary may specify, an annual
9
reimbursement for each student cohort of the insti-
10
tution, based on the non-repayment balance of such
11
cohort and calculated in accordance with paragraph
12
(3).
13
‘‘(2) STUDENT COHORTS.—
14
‘‘(A) COHORTS ESTABLISHED.—For each
15
institution of higher education participating in
16
the direct student loan program under this
17
part, the Secretary shall establish student co-
18
horts, beginning with award year 2027–2028,
19
as follows:
20
‘‘(i)
COMPLETING
STUDENT
CO-
21
HORT.—For each program of study at
22
such institution, a student cohort com-
23
prised of all students who received Federal
24
financial assistance under this title and
25
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•HR 1 RH
who completed such program during such
1
award year.
2
‘‘(ii)
UNDERGRADUATE
NON-COM-
3
PLETING STUDENT COHORT.—For such in-
4
stitution, a student cohort comprised of all
5
students who received Federal financial as-
6
sistance under this title, who were enrolled
7
in the institution during the previous
8
award year in a program of study leading
9
to an undergraduate credential, and who at
10
the time the cohort is established—
11
‘‘(I) have not completed such
12
program of study; and
13
‘‘(II) are not enrolled at the in-
14
stitution in any program of study
15
leading to an undergraduate creden-
16
tial.
17
‘‘(iii) GRADUATE
NON-COMPLETING
18
STUDENT COHORT.—For each program of
19
study leading to a graduate credential at
20
such institution, a student cohort com-
21
prised of all students who received Federal
22
financial assistance under this title, who
23
were enrolled in such program during the
24
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•HR 1 RH
previous award year, and who at the time
1
the cohort is established—
2
‘‘(I) have not completed such
3
program of study; and
4
‘‘(II) are not enrolled in such
5
program.
6
‘‘(B) QUALIFYING
STUDENT
LOAN.—For
7
the purposes of this subsection, the term ‘quali-
8
fying student loan’ means a loan made under
9
this part on or after July 1, 2027, that—
10
‘‘(i) was made to a student included
11
in a student cohort of an institution or to
12
a parent on behalf of such a student;
13
‘‘(ii) except in the case of a loan de-
14
scribed in clause (i) or (ii) of subparagraph
15
(C), is not included in any other student
16
cohort of any institution of higher edu-
17
cation;
18
‘‘(iii) is not in—
19
‘‘(I) a medical or dental intern-
20
ship or residency forbearance de-
21
scribed in section 428(c)(3)(A)(i)(I),
22
section 428B(a)(2), section 428H(a),
23
or section 685.205(a)(3) of title 34,
24
Code of Federal Regulations;
25
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‘‘(II)
a
graduate
fellowship
1
deferment
described
in
section
2
455(f)(2)(A)(ii);
3
‘‘(III) rehabilitation training pro-
4
gram deferment described under sec-
5
tion 455(f)(2)(A)(ii);
6
‘‘(IV) an in-school deferment de-
7
scribed under section 455(f)(2)(A)(i);
8
‘‘(V) a cancer deferment de-
9
scribed under section 455(f)(3);
10
‘‘(VI)
a
military
service
11
deferment described under section
12
455(f)(2)(C); or
13
‘‘(VII) a post-active duty student
14
deferment described under section
15
493D; and
16
‘‘(iv) is not in default.
17
‘‘(C) SPECIAL CIRCUMSTANCES.—
18
‘‘(i)
MULTIPLE
CREDENTIALS.—In
19
the case of a student who completes two or
20
more programs of study during the same
21
award year, each qualifying student loan of
22
the student shall be included in the student
23
cohort for each of such program of study
24
for such award year.
25
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‘‘(ii) TREATMENT OF CERTAIN CON-
1
SOLIDATION
LOANS.—A Federal Direct
2
Consolidation loan made under this title
3
shall not be considered a qualifying stu-
4
dent loan for a student cohort for an
5
award year if all of the loans included in
6
such consolidation loan are attributable to
7
another student cohort.
8
‘‘(iii) CONSOLIDATION AFTER INCLU-
9
SION IN A STUDENT COHORT.—If a quali-
10
fying student loan is consolidated into a
11
consolidation loan under this title after
12
such qualifying student loan has been in-
13
cluded in a student cohort, the percentage
14
of the consolidation loan that was attrib-
15
utable to such student cohort at the time
16
of consolidation shall remain attributable
17
to the student cohort for the life of the
18
consolidation loan.
19
‘‘(3) CALCULATION OF REIMBURSEMENT.—
20
‘‘(A) REIMBURSEMENT
PAYMENT
FOR-
21
MULA.—For each student cohort of an institu-
22
tion of higher education established under this
23
subsection, the annual reimbursement for such
24
cohort shall be equal to—
25
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•HR 1 RH
‘‘(i) the reimbursement percentage for
1
the cohort, determined in accordance with
2
subparagraph (B); multiplied by
3
‘‘(ii) the non-repayment balance for
4
the cohort for the award year, determined
5
in accordance with subparagraph (C).
6
‘‘(B) REIMBURSEMENT
PERCENTAGE.—
7
The reimbursement percentage of a student co-
8
hort of an institution shall be determined by the
9
Secretary when the cohort is established, shall
10
remain constant for the life of the student co-
11
hort, and shall be determined as follows:
12
‘‘(i)
COMPLETING
STUDENT
CO-
13
HORTS.—The reimbursement percentage of
14
a completing student cohort shall be equal
15
to the percentage determined by—
16
‘‘(I) subtracting from one the
17
quotient of—
18
‘‘(aa) the median value-
19
added earnings of students who
20
completed such program of study
21
in the most recent award year for
22
which such earnings data is
23
available; divided by
24
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‘‘(bb) the median total price
1
charged to students included in
2
such cohort; and
3
‘‘(II) multiplying the difference
4
determined under subclause (I) by
5
100.
6
‘‘(ii) SPECIAL
CIRCUMSTANCES
FOR
7
COMPLETING STUDENT COHORTS.—
8
‘‘(I) HIGH-RISK COHORTS.—Not-
9
withstanding clause (i), if the median
10
value-added earnings of a completing
11
student cohort under clause (i)(I)(aa)
12
is negative, the reimbursement per-
13
centage of the student cohort shall be
14
100 percent.
15
‘‘(II) LOW-RISK COHORTS.—Not-
16
withstanding clause (i), if the median
17
value-added earnings of a completing
18
student cohort under clause (i)(I)(aa)
19
exceeds the median total price of such
20
cohort under clause (i)(I)(bb), the re-
21
imbursement percentage of the stu-
22
dent cohort shall be 0 percent.
23
‘‘(iii) NON-COMPLETING STUDENT CO-
24
HORTS.—The reimbursement percentage of
25
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a non-completing student cohort shall be
1
determined based on the most recent data
2
available in the award year in which the
3
cohort is established, and—
4
‘‘(I) for an undergraduate non-
5
completing student cohort, shall be
6
equal to the percentage of under-
7
graduate students who received Fed-
8
eral financial assistance under this
9
title at such institution who—
10
‘‘(aa) did not complete an
11
undergraduate program of study
12
at the institution within 150 per-
13
cent of the program length of
14
such program; or
15
‘‘(bb) only in the case of a
16
two-year institution, did not,
17
within 6 years after first enroll-
18
ing at the two-year institution,
19
complete a program of study at a
20
four-year institution for which a
21
bachelor’s degree (or substan-
22
tially
similar
credential)
is
23
awarded; and
24
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•HR 1 RH
‘‘(II) for a graduate non-com-
1
pleting student cohort, shall be equal
2
to the percentage of students who re-
3
ceived Federal financial assistance
4
under this title at the institution for
5
the applicable graduate program of
6
study and who did not complete such
7
program of study within 150 percent
8
of the program length.
9
‘‘(C) NON-REPAYMENT LOAN BALANCE.—
10
‘‘(i) IN
GENERAL.—For each award
11
year, the Secretary shall determine the
12
non-repayment loan balance for such
13
award year for each student cohort of an
14
institution of higher education by calcu-
15
lating the sum of—
16
‘‘(I) for loans in such cohort, the
17
difference between the total amount of
18
payments due from all borrowers on
19
such loans during such year and the
20
total amount of payments made by all
21
such borrowers on such loans during
22
such year; plus
23
‘‘(II) the total amount of interest
24
waived, paid, or otherwise not charged
25
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•HR 1 RH
by the Secretary during such year
1
under the income-based repayment
2
plan described in section 455(q); plus
3
‘‘(III) the total amount of prin-
4
cipal and interest forgiven, cancelled,
5
waived, discharged, repaid, or other-
6
wise reduced by the Secretary under
7
any act during such year that is not
8
included in subclause (II) and was not
9
discharged or forgiven under section
10
437(a), 428J, or section 455(m).
11
‘‘(ii) SPECIAL CIRCUMSTANCES.—For
12
the purpose of calculating the non-repay-
13
ment loan balance of student cohorts under
14
this paragraph, the Secretary shall—
15
‘‘(I) for each qualifying student
16
loan in a student cohort that is in-
17
cluded in another student cohort be-
18
cause the student who borrowed such
19
loan completed two or more programs
20
of study during the same award year,
21
the sum of the amounts described in
22
subclauses (I) through (III) of clause
23
(i) for such qualifying student loan
24
shall be divided equally among each of
25
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•HR 1 RH
the student cohorts in which such loan
1
is included; and
2
‘‘(II) for each consolidation loan
3
in a student cohort—
4
‘‘(aa) determine the percent-
5
age of the outstanding principal
6
balance of the consolidation loan
7
attributable to such student co-
8
hort—
9
‘‘(AA) at the time of
10
that loan was included in
11
such cohort, in the case of a
12
loan consolidated before in-
13
clusion in such cohort; or
14
‘‘(BB) at the time of
15
consolidation, in the case of
16
a loan consolidated after in-
17
clusion in such cohort; and
18
‘‘(bb) include in the calcula-
19
tions under clause (i) for such
20
student cohort only the percent-
21
age of the sum of the amounts
22
described
in
subclauses
(I)
23
through (III) of clause (i) for the
24
consolidation loan for such year
25
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that is equal to the percentage of
1
the consolidation loan determined
2
under item (aa).
3
‘‘(D) TOTAL
PRICE.—With respect to a
4
student who received Federal financial assist-
5
ance under this title and who completes a pro-
6
gram of study, the term ‘total price’ means the
7
total amount, before Federal financial assist-
8
ance under this title was applied, a student was
9
required to pay to complete the program of
10
study. A student’s total price shall be calculated
11
by the Secretary as the difference between—
12
‘‘(i) the total amount of tuition and
13
fees that were charged to such student be-
14
fore the application of any Federal finan-
15
cial assistance provided under this title;
16
minus
17
‘‘(ii) the total amount of grants and
18
scholarships described in section 480(i)
19
awarded to such student from non-Federal
20
sources for such program of study.
21
‘‘(4) NOTIFICATION AND REMITTANCE.—Begin-
22
ning with the first award year for which reimburse-
23
ments are required under this subsection, and for
24
each succeeding award year, the Secretary shall—
25
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•HR 1 RH
‘‘(A) notify each institution of higher edu-
1
cation of the amounts and due dates of each
2
annual reimbursement calculated under para-
3
graph (3) for each student cohort of the institu-
4
tion within 30 days of calculating such
5
amounts; and
6
‘‘(B) require the institution to remit such
7
payments within 90 days of such notification.
8
‘‘(5) PENALTY FOR LATE PAYMENTS.—
9
‘‘(A) THREE-MONTH
DELINQUENCY.—If
10
an institution fails to remit to the Secretary a
11
reimbursement for a student cohort as required
12
under this subsection within 90 days of receiv-
13
ing notification from the Secretary in accord-
14
ance with paragraph (4), the institution shall
15
pay to the Secretary, in addition to such reim-
16
bursement, interest on such reimbursement
17
payment, at a rate that is the average rate ap-
18
plicable to the loans in such student cohort.
19
‘‘(B) TWELVE-MONTH
DELINQUENCY.—If
20
an institution fails to remit to the Secretary a
21
reimbursement for a student cohort as required
22
under this subsection, plus interest owed in
23
under subparagraph (A), within 12 months of
24
receiving notification from the Secretary in ac-
25
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•HR 1 RH
cordance with paragraph (4), the institution
1
shall be ineligible to make direct loans to any
2
student enrolled in the program of study for
3
which the institution has failed to make the re-
4
imbursement payments until such payment is
5
made.
6
‘‘(C) EIGHTEEN-MONTH DELINQUENCY.—
7
If an institution fails to remit to the Secretary
8
a reimbursement for a student cohort as re-
9
quired under this subsection, plus interest owed
10
under subparagraph (A), within 18 months of
11
receiving notification from the Secretary in ac-
12
cordance with paragraph (4), the institution
13
shall be ineligible to make direct loans or award
14
Federal Pell Grants under section 401 to any
15
student enrolled in the institution until such
16
payment is made.
17
‘‘(D) TWO-YEAR DELINQUENCY.—If an in-
18
stitution fails to remit to the Secretary a reim-
19
bursement for a student cohort as required
20
under this subsection, plus interest owed under
21
subparagraph (A), within 2 years of receiving
22
notification from the Secretary in accordance
23
with paragraph (4), the institution shall be in-
24
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•HR 1 RH
eligible to participate in any program under this
1
title for a period of not less than 10 years.
2
‘‘(6) RELIEF FOR VOLUNTARY CESSATION OF
3
FEDERAL
DIRECT
LOANS
FOR
A
PROGRAM
OF
4
STUDY.—The Secretary shall, upon the request of an
5
institution that voluntarily ceases to make Federal
6
Direct loans to students enrolled in a specific pro-
7
gram of study, reduce the amount of the annual re-
8
imbursement owed by the institution for each stu-
9
dent cohort associated with such program by 50 per-
10
cent if the institution assures the Secretary that the
11
institution will not make Federal Direct loans to any
12
student enrolled in such program of study (or any
13
substantially similar program of study, as deter-
14
mined by the Secretary) for a period of not less than
15
10 award years, beginning with the first award year
16
that begins after the date on which the Secretary re-
17
duces such reimbursement.
18
‘‘(7) RESERVATION
OF
FUNDS
FOR
PROMISE
19
GRANTS.—Notwithstanding any other provision of
20
law, the Secretary shall reserve the funds remitted
21
to the Secretary as reimbursements in accordance
22
with this subsection, and such funds shall be made
23
available to the Secretary only for the purpose of
24
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•HR 1 RH
awarding PROMISE grants in accordance with sub-
1
part 11 of part A of this title.’’.
2
SEC. 30042. CAMPUS-BASED AID PROGRAMS.
3
(a) PROMISE GRANTS.—Part A of title IV of the
4
Higher Education Act of 1965 (20 U.S.C. 1070c et seq.)
5
is amended by adding at the end the following:
6
‘‘Subpart 11—Promoting Real Opportunities to
7
Maximize Investments and Savings in Education
8
‘‘SEC. 420S. PROMISE GRANTS.
9
‘‘For award year 2028–2029 and each succeeding
10
award year, from reserved funds remitted to the Secretary
11
in accordance with section 454(d) and additional funds
12
made available under section 420V, as necessary, the Sec-
13
retary shall award PROMISE grants to eligible institu-
14
tions to carry out the activities described in section
15
420U(c). PROMISE grants awarded under this subpart
16
shall be awarded on a noncompetitive basis to each eligible
17
institution that submits a satisfactory application under
18
section 420T for a 6-year period in an amount that is de-
19
termined in accordance with section 420U.
20
‘‘SEC. 420T. ELIGIBLE INSTITUTIONS; APPLICATION.
21
‘‘(a) ELIGIBLE INSTITUTION.—To be eligible for a
22
PROMISE grant under this subpart, an institution
23
shall—
24
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•HR 1 RH
‘‘(1) be an institution of higher education under
1
section 102, except that an institution described in
2
section 102(a)(1)(C) shall not be an eligible institu-
3
tion under this subpart; and
4
‘‘(2) meet the maximum total price guarantee
5
requirements under subsection (c).
6
‘‘(b) APPLICATION.—An eligible institution seeking a
7
PROMISE grant under this subpart (including a renewal
8
of such a grant) shall submit to the Secretary an applica-
9
tion, at such time as the Secretary may require, containing
10
the information required under this subsection. Such ap-
11
plication shall—
12
‘‘(1) demonstrate that the institution—
13
‘‘(A) meets the maximum total price guar-
14
antee requirements under subsection (c); and
15
‘‘(B) will continue to meet the maximum
16
total price guarantee requirements for each
17
award year during the grant period with respect
18
to students first enrolling at the institution for
19
each such award year;
20
‘‘(2) describe how grant funds awarded under
21
this subpart will be used by the institution to carry
22
out activities related to—
23
‘‘(A)
increasing
postsecondary
afford-
24
ability, including—
25
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•HR 1 RH
‘‘(i) the expansion and continuation of
1
the maximum total price guarantee re-
2
quirements under subsection (c); and
3
‘‘(ii) any other activities to be carried
4
out by the institution to increase postsec-
5
ondary affordability and minimize the max-
6
imum total price for completion paid by
7
students receiving need-based student aid;
8
‘‘(B)
increasing
postsecondary
access,
9
which may include—
10
‘‘(i) the activities described in section
11
485E of this Act; and
12
‘‘(ii) any other activities to be carried
13
out by the institution to increase postsec-
14
ondary access and expand opportunities for
15
low- and middle-income students; and
16
‘‘(C) increasing postsecondary student suc-
17
cess, which may include—
18
‘‘(i) activities to improve completion
19
rates and reduce time to credential;
20
‘‘(ii) activities to align programs of
21
study with the needs of employers, includ-
22
ing with respect to in-demand industry sec-
23
tors or occupations (as defined in section 3
24
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232
•HR 1 RH
of the Workforce Innovation and Oppor-
1
tunity Act (29 U.S.C. 3102)); and
2
‘‘(iii) any other activities to be carried
3
out by the institution to increase value-
4
added earnings and postsecondary student
5
success;
6
‘‘(3) describe—
7
‘‘(A) how the institution will evaluate the
8
effectiveness of the institution’s use of grant
9
funds awarded under this subpart; and
10
‘‘(B) how the institution will collect and
11
disseminate information on promising practices
12
developed with the use of such grant funds; and
13
‘‘(4) in the case of an institution that has pre-
14
viously received a grant under this subpart, contain
15
the evaluation required under paragraph (3) for
16
each previous grant.
17
‘‘(c) MAXIMUM TOTAL PRICE GUARANTEE REQUIRE-
18
MENTS.—As a condition of eligibility for a PROMISE
19
grant under this subpart, an institution shall—
20
‘‘(1) for each award year beginning after the
21
date of enactment of this subpart, not later than 1
22
year before the start of each such award year (ex-
23
cept that, for the first award year beginning after
24
such date of enactment, the institution shall meet
25
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•HR 1 RH
these requirements as soon as practicable after such
1
date of enactment), determine the maximum total
2
price for completion, in accordance with subsection
3
(e), for each program of study at the institution ap-
4
plicable to students in each income category and stu-
5
dent aid index category (as determined by the Sec-
6
retary) and publish such information on the institu-
7
tion’s website and in the institution’s catalog, mar-
8
keting materials, or other official publications;
9
‘‘(2) for the award year for which the institu-
10
tion is applying for a PROMISE grant, and at least
11
1 award year preceding such award year, provide to
12
each student who first enrolls, or plans to enroll, in
13
the institution during the award year and who re-
14
ceives Federal financial aid under this title a max-
15
imum total price guarantee, in accordance with this
16
section, for the minimum guarantee period applica-
17
ble to the student; and
18
‘‘(3) provide to the Secretary an assurance that
19
the institution will continue to meet each of the
20
maximum total price guarantee requirements under
21
this subsection for students who first enroll, or plan
22
to enroll, in the institution during each award year
23
included in the grant period.
24
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‘‘(d) DURATION
OF
MINIMUM
GUARANTEE
PE-
1
RIOD.—
2
‘‘(1) IN GENERAL.—The minimum period dur-
3
ing which a student shall be provided a guarantee
4
under subsection (c) with respect to the maximum
5
total price for completion of a program of study at
6
an institution shall be the average, for the 3 most
7
recent award years for which data are available, of
8
the median time to credential of students who com-
9
pleted any undergraduate program of study at the
10
institution during each such award year, except that
11
such minimum guarantee period shall not be less
12
than the program length of the program of study in
13
which the student is enrolled.
14
‘‘(2) LIMITATION.—An institution shall not be
15
required to provide a maximum total price guarantee
16
under subsection (c) to a student after the conclu-
17
sion of the 6-year period beginning on the first day
18
on which the student enrolled at such institution.
19
‘‘(e) DETERMINATION OF MAXIMUM TOTAL PRICE
20
FOR COMPLETION.—
21
‘‘(1) IN GENERAL.—For the purposes of sub-
22
section (c), an institution shall determine, prior to
23
the first award year in which a student enrolls at
24
the institution, the maximum total price that may be
25
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charged to the student for completion of a program
1
of study at the institution for the minimum guar-
2
antee period applicable to a student, before applica-
3
tion of any Federal Pell Grants or other Federal fi-
4
nancial aid under this title. Such a maximum total
5
price for completion shall be determined for students
6
in each income category and student aid index cat-
7
egory (as determined by the Secretary). In deter-
8
mining the maximum total price for completion to be
9
charged to each such category of students, the insti-
10
tution may consider the ability of a category of stu-
11
dents to pay tuition and fees, but may not include
12
in such consideration any Federal Pell Grants or
13
other Federal financial aid awards that may be
14
available to such category of students under this
15
title.
16
‘‘(2) MULTIPLE MAXIMUM TOTAL PRICE GUAR-
17
ANTEES.—In the event that a student receives more
18
than 1 maximum total price guarantee because the
19
student is included in more than 1 category of stu-
20
dents for which the institution determines a max-
21
imum total price guarantee amount for the purposes
22
of subsection (c), the maximum total price guarantee
23
applicable to such student for the purposes of this
24
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•HR 1 RH
section shall be equal to the lowest such guarantee
1
amount.
2
‘‘SEC. 420U. GRANT AMOUNTS; FLEXIBLE USE OF FUNDS.
3
‘‘(a) GRANT AMOUNT FORMULA.—
4
‘‘(1) FORMULA.—Subject to subsection (b) and
5
section 420V(b), the amount of a PROMISE grant
6
for an eligible institution for each year of the grant
7
period shall be calculated by the Secretary annually
8
and shall be equal to the amount determined by
9
multiplying—
10
‘‘(A) the lesser of—
11
‘‘(i) the difference determined by sub-
12
tracting one from the quotient of—
13
‘‘(I) the average, for the 3 most
14
recent award years for which data are
15
available, of the median value-added
16
earnings for each such award year of
17
students who completed any program
18
of study of the institution; divided by
19
‘‘(II) the average, for the 3 most
20
recent award years for which data are
21
available, of the maximum total price
22
for completion determined under sec-
23
tion 420T(e) applicable for each such
24
award year to students enrolled in the
25
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•HR 1 RH
institution in any program of study
1
who received financial aid under this
2
title; or
3
‘‘(ii) the number two;
4
‘‘(B) the average, for the 3 most recent
5
award years for which data are available, of the
6
total dollar amount of Federal Pell Grants
7
awarded to students enrolled in the institution
8
in each such award year; and
9
‘‘(C) the average, for the 3 most recent
10
award years for which data are available, of the
11
percentage of low-income students who received
12
Federal financial assistance under this title who
13
were enrolled in the institution in each such
14
award year who—
15
‘‘(i) completed a program of study at
16
the institution within 100 percent of the
17
program length of such program; or
18
‘‘(ii) only in the case of a two-year in-
19
stitution or a less than two-year institu-
20
tion—
21
‘‘(I) transfer to a four-year insti-
22
tution; and
23
‘‘(II) within 4 years after first
24
enrolling at the two-year or less than
25
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•HR 1 RH
two-year institution, complete a pro-
1
gram of study at the four-year institu-
2
tion for which a bachelor’s degree (or
3
substantially similar credential) is
4
awarded.
5
‘‘(2) DEFINITION
OF
LOW-INCOME.—In this
6
section, the term ‘low-income’, when used with re-
7
spect to a student, means that the student’s family
8
income does not exceed the maximum income in the
9
lowest income category (as determined by the Sec-
10
retary).
11
‘‘(b) MAXIMUM GRANT AMOUNT.—Notwithstanding
12
subsection (a), the maximum amount an eligible institu-
13
tion may receive annually for a grant under this subpart
14
shall be the amount equal to—
15
‘‘(1) the average, for the 3 most recent award
16
years, of the number of students enrolled in the in-
17
stitution in an award year who receive Federal fi-
18
nancial aid under this title; multiplied by
19
‘‘(2) $5,000.
20
‘‘(c) FLEXIBLE USE
OF FUNDS.—A PROMISE
21
grant awarded under this subpart shall be used by an eli-
22
gible institution to—
23
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239
•HR 1 RH
‘‘(1) carry out activities included in the institu-
1
tion’s application for such grant related to postsec-
2
ondary affordability, access, and student success;
3
‘‘(2) evaluate the effectiveness of the activities
4
carried out with such grant in accordance with sec-
5
tion 420T(b)(3)(A); and
6
‘‘(3) collect and disseminate promising practices
7
related to the activities carried out with such grant,
8
in accordance with section 420T(b)(3)(B).
9
‘‘SEC. 420V. AVAILABILITY OF FUNDS.
10
‘‘(a) USED OF RESERVED FUNDS.—
11
‘‘(1) PRIMARY FUNDS.—To carry out this sub-
12
part, there shall be available to the Secretary any
13
funds remitted to the Secretary as reimbursements
14
in accordance with section 454(d) for any award
15
year.
16
‘‘(2) SECONDARY
FUNDS.—Beginning award
17
year 2028–2029, if the amounts made available to
18
the Secretary under paragraph (1) to carry out this
19
subpart in any award year are insufficient to fully
20
fund the PROMISE grants awarded under this sub-
21
part in such award year, there shall be available to
22
the Secretary, in addition to such amounts, any
23
funds returned to the Secretary under section 484B
24
in the previous award year.
25
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•HR 1 RH
‘‘(b) REDUCTION OF GRANT AMOUNT IN CASE OF IN-
1
SUFFICIENT FUNDS.—
2
‘‘(1) IN GENERAL.—If the amounts made avail-
3
able to the Secretary under subsection (a) to carry
4
out this subpart for an award year are not sufficient
5
to provide grants to each eligible institution in the
6
amount determined under section 420U for such
7
award year, the Secretary shall reduce each such
8
grant amount by the applicable percentage described
9
in paragraph (2).
10
‘‘(2) APPLICABLE PERCENTAGE.—The applica-
11
ble percentage described in this paragraph is the
12
percentage determined by dividing—
13
‘‘(A) the amounts made available under
14
subsection (a) for the award year described in
15
paragraph (1); by
16
‘‘(B) the total amount that would be nec-
17
essary to provide grants to all eligible institu-
18
tions in the amounts determined under section
19
420U for such award year.
20
‘‘SEC. 420W. DEFINITIONS.
21
‘‘In this title:
22
‘‘(1) VALUE-ADDED EARNINGS.—
23
‘‘(A) IN GENERAL.—With respect to a stu-
24
dent who received Federal financial aid under
25
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241
•HR 1 RH
this title and who completed a program of study
1
offered by an institution of higher education,
2
the term ‘value-added earnings’ means—
3
‘‘(i) the annual earnings of such stu-
4
dent measured during the applicable earn-
5
ings measurement period for such program
6
(as determined under subparagraph (C));
7
minus
8
‘‘(ii) in the case of a student who
9
completed a program of study that
10
awards—
11
‘‘(I) an undergraduate credential,
12
150 percent of the poverty line appli-
13
cable to a single individual as deter-
14
mined under section 673(2) of the
15
Community Services Block Grant Act
16
(42 U.S.C. 9902(2)) for such year; or
17
‘‘(II) a graduate credential, 300
18
percent of the poverty line applicable
19
to a single individual as determined
20
under section 673(2) of the Commu-
21
nity Services Block Grant Act (42
22
U.S.C. 9902(2)) for such year.
23
‘‘(B) GEOGRAPHIC ADJUSTMENT.—
24
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•HR 1 RH
‘‘(i) IN
GENERAL.—Except as pro-
1
vided in clause (ii), the Secretary shall use
2
the geographic location of the institution at
3
which a student completed a program of
4
study to adjust the value-added earnings of
5
the student calculated under subparagraph
6
(A) by dividing—
7
‘‘(I)
the
difference
between
8
clauses (i) and (ii) of such subpara-
9
graph; by
10
‘‘(II) the most recent regional
11
price parity index of the Bureau of
12
Economics Analysis for the State or,
13
as applicable, metropolitan area in
14
which such institution is located.
15
‘‘(ii) EXCEPTION.—The value-added
16
earnings of a student calculated under sub-
17
paragraph (A) shall not be adjusted based
18
on geographic location in accordance with
19
clause (i) if such student attended prin-
20
cipally through distance education.
21
‘‘(C) EARNINGS MEASUREMENT PERIOD.—
22
‘‘(i) IN GENERAL.—For the purpose
23
of calculating the value-added earnings of
24
a student, except as provided in clause (ii),
25
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•HR 1 RH
the annual earnings of a student shall be
1
measured—
2
‘‘(I) in the case of a program of
3
study that awards an undergraduate
4
certificate, post baccalaureate certifi-
5
cate, or graduate certificate, 1 year
6
after the student completes such pro-
7
gram;
8
‘‘(II) in the case of a program of
9
study that awards an associate’s de-
10
gree or master’s degree, 2 years after
11
the student completes such program;
12
and
13
‘‘(III) in the case of a program of
14
study that awards a bachelor’s degree,
15
doctoral degree, or professional de-
16
gree, 4 years after the student com-
17
pletes such program.
18
‘‘(ii)
EXCEPTION.—The
Secretary
19
may, as the Secretary determines appro-
20
priate based on the characteristics of a
21
program of study, extend an earnings
22
measurement period described in clause (i)
23
for a program of study that—
24
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•HR 1 RH
‘‘(I) requires completion of an
1
additional educational program after
2
completion of the program of study in
3
order to obtain a licensure associated
4
with the credential awarded for such
5
program of study; and
6
‘‘(II) when combined with the
7
program length of such additional
8
educational program for licensure, has
9
a total program length that exceeds
10
the relevant earnings measurement
11
period prescribed for such program of
12
study under clause (i),
13
except that in no case shall the annual
14
earnings of a student be measured more
15
than 1 year after the student completes
16
such additional educational program.
17
‘‘(2) PROGRAM LENGTH.—The term ‘program
18
length’ means the minimum amount of time in
19
weeks, months, or years that is specified in the cata-
20
log, marketing materials, or other official publica-
21
tions of an institution of higher education for a full-
22
time student to complete the requirements for a spe-
23
cific program of study.’’.
24
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•HR 1 RH
(b) INSTITUTIONAL REFUNDS.—Section 484B of the
1
Higher Education Act of 1965 (20 U.S.C. 1091b) is
2
amended by adding at the end the following:
3
‘‘(f) RESERVATION
OF
FUNDS
FOR
PROMISE
4
GRANTS.—Notwithstanding any other provision of law,
5
the Secretary shall reserve the funds returned to the Sec-
6
retary under this section for 1 year after the return of
7
such funds for the purpose of awarding PROMISE grants
8
in accordance with subpart 4 of part A of this title.’’.
9
Subtitle F—Regulatory Relief
10
SEC. 30051. REGULATORY RELIEF.
11
(a) 90/10 RULE.—Section 487 of the Higher Edu-
12
cation Act of 1965 (20 U.S.C. 1094) is amended—
13
(1) in subsection (a), by repealing paragraph
14
(24);
15
(2) by striking subsection (d); and
16
(3) by redesignating subsections (e) through (j)
17
as subsections (d) through (i), respectively.
18
(b) GAINFUL EMPLOYMENT.—The Higher Education
19
Act of 1965 (20 U.S.C. 1001 et seq.) is amended—
20
(1) in section 101(b)(1), by striking ‘‘gainful
21
employment in’’;
22
(2) in section 102—
23
(A) in subsection (b)(1)(A)(i), by striking
24
‘‘gainful employment in’’; and
25
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•HR 1 RH
(B) in subsection (c)(1)(A), by striking
1
‘‘gainful employment in’’; and
2
(3) in section 481(b)(1)(A)(i), by striking
3
‘‘gainful employment in’’.
4
(c) OTHER REPEALS.—The following regulations (in-
5
cluding any supplement or revision to such regulations)
6
are repealed and shall have no legal effect:
7
(1) CLOSED
SCHOOL
DISCHARGES.—Sections
8
674.33(g), 682.402(d), and 685.214 of title 34,
9
Code of Federal Regulations (relating to closed
10
school discharges), as added or amended by the final
11
regulations published by the Department of Edu-
12
cation in the Federal Register on November 1, 2022
13
(87 Fed. Reg. 65904 et seq.).
14
(2) BORROWER
DEFENSE
TO
REPAYMENT.—
15
Subpart D of part 685 of title 34, Code of Federal
16
Regulations (relating to borrower defense to repay-
17
ment), as added or amended by the final regulations
18
published by the Department of Education in the
19
Federal Register on November 1, 2022 (87 Fed.
20
Reg. 65904 et seq.).
21
(d) EFFECT OF REPEAL.—Any regulations repealed
22
by subsection (c) that were in effect on June 30, 2023,
23
are restored and revived as if the repeal of such regula-
24
tions under such subsection had not taken effect.
25
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•HR 1 RH
(e) PROHIBITION.—The Secretary of Education may
1
not implement any rule, regulation, policy, or executive ac-
2
tion specified in this section (or a substantially similar
3
rule, regulation, policy, or executive action) unless author-
4
ity for such implementation is explicitly provided in an Act
5
of Congress.
6
Subtitle G—Limitation on
7
Authority
8
SEC. 30061. LIMITATION ON AUTHORITY OF THE SEC-
9
RETARY TO PROPOSE OR ISSUE REGULA-
10
TIONS AND EXECUTIVE ACTIONS.
11
Part G of title IV of the Higher Education Act of
12
1965 (20 U.S.C. 1088 et seq.) is amended by inserting
13
after section 492 the following:
14
‘‘SEC. 492A. LIMITATION ON AUTHORITY OF THE SEC-
15
RETARY TO PROPOSE OR ISSUE REGULA-
16
TIONS AND EXECUTIVE ACTIONS.
17
‘‘(a) DRAFT REGULATIONS.—Beginning on the date
18
of enactment of this section, a draft regulation imple-
19
menting this title (as described in section 492(b)(1)) that
20
is determined by the Secretary to be economically signifi-
21
cant shall be subject to the following requirements (re-
22
gardless of whether negotiated rulemaking occurs):
23
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•HR 1 RH
‘‘(1) The Secretary shall determine whether the
1
draft regulation, if implemented, would result in an
2
increase in a subsidy cost.
3
‘‘(2) If the Secretary determines under para-
4
graph (1) that the draft regulation would result in
5
an increase in a subsidy cost, then the Secretary
6
may not take any further action with respect to such
7
regulation.
8
‘‘(b) PROPOSED OR FINAL REGULATIONS AND EXEC-
9
UTIVE ACTIONS.—Beginning on the date of enactment of
10
this section, the Secretary may not issue a proposed rule,
11
final regulation, or executive action implementing this title
12
if the Secretary determines that the rule, regulation, or
13
executive action—
14
‘‘(1) is economically significant; and
15
‘‘(2) would result in an increase in a subsidy
16
cost.
17
‘‘(c) RELATIONSHIP TO OTHER REQUIREMENTS.—
18
The analyses required under subsections (a) and (b) shall
19
be in addition to any other cost analysis required under
20
law for a regulation implementing this title, including any
21
cost analysis that may be required pursuant to Executive
22
Order 12866 (58 Fed. Reg. 51735; relating to regulatory
23
planning and review), Executive Order 13563 (76 Fed.
24
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•HR 1 RH
Reg. 3821; relating to improving regulation and regu-
1
latory review), or any related or successor orders.
2
‘‘(d) DEFINITION.—In this section, the term ‘eco-
3
nomically significant’, when used with respect to a draft,
4
proposed, or final regulation or executive action, means
5
that the regulation or executive action is likely, as deter-
6
mined by the Secretary—
7
‘‘(1) to have an annual effect on the economy
8
of $100,000,000 or more; or
9
‘‘(2) to adversely affect in a material way the
10
economy, a sector of the economy, productivity, com-
11
petition, jobs, the environment, public health or safe-
12
ty, or State, local, or tribal governments or commu-
13
nities.’’.
14
TITLE IV—ENERGY AND
15
COMMERCE
16
Subtitle A—Energy
17
SEC. 41001. RESCISSIONS RELATING TO CERTAIN INFLA-
18
TION REDUCTION ACT PROGRAMS.
19
(a) STATE-BASED HOME ENERGY EFFICIENCY CON-
20
TRACTOR TRAINING GRANTS.—The unobligated balance
21
of any amounts made available under subsection (a) of
22
section 50123 of Public Law 117–169 (42 U.S.C. 18795b)
23
is rescinded.
24
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•HR 1 RH
(b) FUNDING FOR DEPARTMENT OF ENERGY LOAN
1
PROGRAMS OFFICE.—The unobligated balance of any
2
amounts made available under subsection (b) of section
3
50141 of Public Law 117–169 (136 Stat. 2042) is re-
4
scinded.
5
(c) ADVANCED TECHNOLOGY VEHICLE MANUFAC-
6
TURING.—The unobligated balance of any amounts made
7
available under subsection (a) of section 50142 of Public
8
Law 117–169 (136 Stat. 2044) is rescinded.
9
(d) ENERGY INFRASTRUCTURE REINVESTMENT FI-
10
NANCING.—The unobligated balance of any amounts made
11
available under subsection (a) of section 50144 of Public
12
Law 117–169 (136 Stat. 2044) is rescinded.
13
(e) TRIBAL ENERGY LOAN GUARANTEE PROGRAM.—
14
The unobligated balance of any amounts made available
15
under subsection (a) of section 50145 of Public Law 117–
16
169 (136 Stat. 2045) is rescinded.
17
(f) TRANSMISSION FACILITY FINANCING.—The un-
18
obligated balance of any amounts made available under
19
subsection (a) of section 50151 of Public Law 117–169
20
(42 U.S.C. 18715) is rescinded.
21
(g) GRANTS TO FACILITATE THE SITING OF INTER-
22
STATE ELECTRICITY TRANSMISSION LINES.—The unobli-
23
gated balance of any amounts made available under sub-
24
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•HR 1 RH
section (a) of section 50152 of Public Law 117–169 (42
1
U.S.C. 18715a) is rescinded.
2
(h) INTERREGIONAL AND OFFSHORE WIND ELEC-
3
TRICITY
TRANSMISSION
PLANNING, MODELING, AND
4
ANALYSIS.—The unobligated balance of any amounts
5
made available under subsection (a) of section 50153 of
6
Public Law 117–169 (42 U.S.C. 18715b) is rescinded.
7
(i) ADVANCED INDUSTRIAL FACILITIES DEPLOY-
8
MENT
PROGRAM.—The unobligated balance of any
9
amounts made available under subsection (a) of section
10
50161 of Public Law 117–169 (42 U.S.C. 17113a) is re-
11
scinded.
12
SEC. 41002. FERC CERTIFICATES AND FEES FOR CERTAIN
13
ENERGY
INFRASTRUCTURE
AT
INTER-
14
NATIONAL BOUNDARIES OF THE UNITED
15
STATES.
16
(a) DEFINITIONS.—In this section:
17
(1) CERTIFICATE
OF
CROSSING.—The term
18
‘‘certificate of crossing’’ means a permit for the con-
19
struction, connection, operation, or maintenance of a
20
cross-border segment.
21
(2) COMMISSION.—The term ‘‘Commission’’
22
means the Federal Energy Regulatory Commission.
23
(3) COVERED
FACILITY.—The term ‘‘covered
24
facility’’ means—
25
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(A) an oil, natural gas, hydrocarbon liq-
1
uids, refined petroleum products, hydrogen, or
2
carbon dioxide pipeline;
3
(B) a pipeline for the movement of any
4
other energy-related product; and
5
(C) an electric transmission facility.
6
(4)
CROSS-BORDER
SEGMENT.—The
term
7
‘‘cross-border segment’’ means a segment, as deter-
8
mined by the Commission, of a covered facility that
9
is located at an international boundary between—
10
(A) the United States and Canada; or
11
(B) the United States and Mexico.
12
(5) PRESIDENTIAL PERMIT.—The term ‘‘Presi-
13
dential permit’’ means a permit or other approval
14
issued or required by the President under or pursu-
15
ant to any provision of law, including under or pur-
16
suant to any Executive order, with respect to the
17
construction, connection, operation, or maintenance
18
of a cross-border segment.
19
(b) CERTIFICATE OF CROSSING AND FEE.—
20
(1) IN GENERAL.—The Commission shall, upon
21
payment of a fee in the amount of $50,000 by a per-
22
son requesting a certificate of crossing, issue to such
23
person such certificate of crossing.
24
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253
•HR 1 RH
(2) TREATMENT OF FEE.—A fee paid under
1
this subsection shall not be considered a fee assessed
2
under section 3401 of the Omnibus Budget Rec-
3
onciliation Act of 1986 (42 U.S.C. 7178).
4
(c) PROHIBITION.—Except as provided in subsection
5
(d), no person may construct, connect, operate, or main-
6
tain a cross-border segment for the import or export of
7
oil, natural gas, hydrocarbon liquids, refined petroleum
8
products, hydrogen, carbon dioxide, or other energy-re-
9
lated products, or for the transmission of electricity, to
10
or from Canada or Mexico without obtaining a certificate
11
of crossing from the Commission under subsection (b) for
12
the applicable construction, connection, operation, or
13
maintenance.
14
(d) PREVIOUSLY AUTHORIZED FACILITIES.—Sub-
15
section (c) shall not apply to the construction, connection,
16
operation, or maintenance of a cross-border segment with
17
respect to which a Presidential permit that was issued be-
18
fore the date of enactment of this Act applies and is in
19
effect.
20
SEC. 41003. NATURAL GAS EXPORTS AND IMPORTS.
21
Section 3 of the Natural Gas Act (15 U.S.C. 717b)
22
is amended by adding at the end the following:
23
‘‘(g) CHARGE FOR EXPORTATION OR IMPORTATION
24
OF NATURAL GAS.—The Secretary of Energy shall, by
25
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254
•HR 1 RH
rule, impose and collect, for each application to export nat-
1
ural gas from the United States to a foreign country with
2
which there is not in effect a free trade agreement requir-
3
ing national treatment for trade in natural gas, or to im-
4
port natural gas from such a foreign country, a non-
5
refundable charge of $1,000,000, and, for purposes of sub-
6
section (a), the importation or exportation of natural gas
7
that is proposed in an application for which such a non-
8
refundable charge was imposed and collected shall be
9
deemed to be in the public interest, and such an applica-
10
tion shall be granted without modification or delay.’’.
11
SEC. 41004. FUNDING FOR DEPARTMENT OF ENERGY LOAN
12
GUARANTEE EXPENSES.
13
In addition to amounts otherwise available, there is
14
appropriated to the Secretary of Energy, out of any money
15
in the Treasury not otherwise appropriated, $5,000,000,
16
to remain available for a period of five years for adminis-
17
trative expenses associated with carrying out section 116
18
of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720n).
19
SEC. 41005. EXPEDITED PERMITTING.
20
The Natural Gas Act is amended by adding after sec-
21
tion 15 (15 U.S.C. 717n) the following:
22
‘‘SEC. 15A. EXPEDITED PERMITTING.
23
‘‘(a) DEFINITIONS.—In this section:
24
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•HR 1 RH
‘‘(1) COVERED APPLICATION.—The term ‘cov-
1
ered application’ means an application for an au-
2
thorization under section 3 or a certificate of public
3
convenience and necessity under section 7, as appli-
4
cable, for activities that include construction.
5
‘‘(2) FEDERAL
AUTHORIZATION.—The term
6
‘Federal authorization’ has the meaning given such
7
term in section 15(a).
8
‘‘(b) EXPEDITED REVIEW.—
9
‘‘(1) NOTIFICATION
OF
ELECTION
AND
PAY-
10
MENT OF FEE.—Prior to submitting a covered appli-
11
cation, an applicant may elect to obtain an expedited
12
review of all Federal authorizations required for the
13
approval of such covered application by—
14
‘‘(A) submitting to the Commission a writ-
15
ten notification—
16
‘‘(i) of the election; and
17
‘‘(ii) that identifies each Federal au-
18
thorization required for the approval of the
19
covered application and each Federal,
20
State, interstate, or Tribal agency that will
21
consider an aspect of each such Federal
22
authorization; and
23
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256
•HR 1 RH
‘‘(B) making a payment to the Secretary
1
of the Treasury in an amount that is the lesser
2
of—
3
‘‘(i) one percent of the expected cost
4
of the applicable construction, as deter-
5
mined by the applicant; or
6
‘‘(ii) $10,000,000 (adjusted for infla-
7
tion, as the Secretary of the Treasury de-
8
termines necessary).
9
‘‘(2) SUBMISSION
AND
REVIEW
OF
APPLICA-
10
TIONS.—
11
‘‘(A) APPLICATION.—Not later than 60
12
days after the date on which an applicant elects
13
to obtain an expedited review under paragraph
14
(1), the applicant shall submit to the Commis-
15
sion the covered application for which such elec-
16
tion for an expedited review was made, which
17
shall include—
18
‘‘(i) the scope of the applicable activi-
19
ties, including capital investment, siting,
20
temporary construction, and final work-
21
force numbers;
22
‘‘(ii) the industrial sector of the appli-
23
cant, as classified by the North American
24
Industry Classification System; and
25
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257
•HR 1 RH
‘‘(iii) a list of the statutes and regula-
1
tions that are relevant to the covered appli-
2
cation.
3
‘‘(B) APPROVAL.—
4
‘‘(i) STANDARD
DEADLINE.—Except
5
as provided in clause (ii), not later than
6
one year after the date on which an appli-
7
cant submits a covered application pursu-
8
ant to subparagraph (A)—
9
‘‘(I) each Federal, State, inter-
10
state, or Tribal agency identified
11
under paragraph (1)(A)(ii) shall—
12
‘‘(aa) review the relevant
13
Federal authorization identified
14
under such paragraph; and
15
‘‘(bb) subject to any condi-
16
tions determined by such agency
17
to be necessary to comply with
18
the requirements of the Federal
19
law under which such approval is
20
required, approve such Federal
21
authorization; and
22
‘‘(II) the Commission shall—
23
‘‘(aa) review the covered ap-
24
plication; and
25
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‘‘(bb) subject to any condi-
1
tions determined by the Commis-
2
sion to be necessary to comply
3
with the requirements of this
4
Act, approve the covered applica-
5
tion.
6
‘‘(ii) EXTENDED DEADLINE.—
7
‘‘(I) EXTENSION.—With respect
8
to a covered application submitted
9
pursuant to subparagraph (A), the
10
Commission may approve a request by
11
an agency identified under paragraph
12
(1)(A)(ii) for an extension of the one-
13
year deadline imposed by clause (i) of
14
this subparagraph for a period of 6
15
months if the Commission receives
16
consent from the relevant applicant.
17
‘‘(II)
APPLICABILITY.—If
the
18
Commission approves a request for an
19
extension under subclause (I), such
20
extension shall apply to the applicable
21
covered application and the Federal
22
authorization for which the extension
23
was requested.
24
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259
•HR 1 RH
‘‘(C) EFFECT OF FAILURE TO MEET DEAD-
1
LINE.—
2
‘‘(i) DEEMED
APPROVAL.—Any cov-
3
ered application submitted pursuant to
4
subparagraph (A), or Federal authoriza-
5
tion that is required with respect to such
6
covered application, that is not approved
7
by the applicable deadline under subpara-
8
graph (B) shall be deemed approved in
9
perpetuity, notwithstanding any procedural
10
requirements relating to such approval
11
under the Federal law under which such
12
approval was required (including any re-
13
quirements applicable to the effective pe-
14
riod of a Federal authorization).
15
‘‘(ii) COMPLIANCE.—A person car-
16
rying out activities under a covered appli-
17
cation or Federal authorization that has
18
been deemed approved under clause (i)
19
shall comply with the requirements of the
20
Federal law under which such approval
21
was required (other than with respect to
22
any procedural requirements relating to
23
such approval, including any requirements
24
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260
•HR 1 RH
relating to the effective period of the Fed-
1
eral authorization).
2
‘‘(c) JUDICIAL REVIEW.—
3
‘‘(1) REVIEWABLE CLAIMS.—
4
‘‘(A) IN GENERAL.—Notwithstanding any
5
other provision of law, no court shall have juris-
6
diction to review a claim with respect to the ap-
7
proval of a covered application or Federal au-
8
thorization under subparagraph (B) or (C)(i) of
9
subsection (b)(2), except for a claim under
10
chapter 7 of title 5, United States Code, filed
11
not later than 180 days after the date of such
12
approval by—
13
‘‘(i) the applicant; or
14
‘‘(ii) a person who has suffered, or
15
likely and imminently will suffer, direct
16
and irreparable economic harm from the
17
approval.
18
‘‘(B) CLAIMS
BY
CERTAIN
NON-APPLI-
19
CANTS.—An association may only bring a claim
20
on behalf of one or more of its members pursu-
21
ant to subparagraph (A)(ii) if each member of
22
the association has suffered, or likely and immi-
23
nently will suffer, the harm described in sub-
24
paragraph (A)(ii).
25
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261
•HR 1 RH
‘‘(2) STANDARD OF REVIEW.—If an applicant
1
or other person brings a claim described in para-
2
graph (1) with respect to the approval of a covered
3
application or Federal authorization under sub-
4
section (b)(2)(B), the court shall hold unlawful and
5
set aside any agency actions, findings, and conclu-
6
sions in accordance with section 706(2) of title 5,
7
United States Code, except that, for purposes of the
8
application of subparagraph (E) of such section, the
9
court shall apply such subparagraph by substituting
10
‘clear and convincing evidence’ for ‘substantial evi-
11
dence’.
12
‘‘(3)
EXCLUSIVE
JURISDICTION.—Notwith-
13
standing any other provision of law, the United
14
States Court of Appeals for the District of Columbia
15
Circuit shall have original and exclusive jurisdiction
16
over any claim—
17
‘‘(A) alleging the invalidity of subsection
18
(b); or
19
‘‘(B) that an agency action relating to a
20
covered application or Federal authorization
21
under subsection (b) is beyond the scope of au-
22
thority conferred by the Federal law under
23
which such agency action is made.’’.
24
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262
•HR 1 RH
SEC. 41006. CARBON DIOXIDE, HYDROGEN, AND PETRO-
1
LEUM PIPELINE PERMITTING.
2
The Natural Gas Act is amended by inserting after
3
section 7 (15 U.S.C. 717f) the following:
4
‘‘SEC. 7A. CARBON DIOXIDE, HYDROGEN, AND PETROLEUM
5
PIPELINE PERMITTING.
6
‘‘(a) COVERED PIPELINE DEFINED.—In this section,
7
the term ‘covered pipeline’ means—
8
‘‘(1) a pipeline or pipeline facility for the trans-
9
portation of carbon dioxide that is regulated under
10
chapter 601 of title 49, United States Code, pursu-
11
ant to section 60102(i) of such chapter;
12
‘‘(2) a gas pipeline facility, as such term is de-
13
fined in section 60101 of title 49, United States
14
Code, for the transportation of hydrogen that is reg-
15
ulated under chapter 601 of such title; or
16
‘‘(3) a hazardous liquid pipeline facility, as such
17
term is defined in section 60101 of title 49, United
18
States Code, for the transportation of petroleum or
19
a petroleum product that is regulated under chapter
20
601 of such title.
21
‘‘(b) APPLICATION AND FEE.—Any person may sub-
22
mit to the Commission—
23
‘‘(1) an application for a license authorizing the
24
whole or any part of the operation, sale, service, con-
25
struction, extension, or acquisition of a covered pipe-
26
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263
•HR 1 RH
line, which application shall be made in the same
1
manner as, and in accordance with the requirements
2
for, an application for a certificate of public conven-
3
ience and necessity under section 7(d); and
4
‘‘(2) a fee in the amount of $10,000,000 for the
5
consideration of such application.
6
‘‘(c) PROCEDURE.—
7
‘‘(1) IN GENERAL.—With respect to each appli-
8
cation for which a fee is submitted under subsection
9
(b), the Commission shall—
10
‘‘(A) consider the application in accordance
11
with the procedures applicable to an application
12
for a certificate of public convenience and ne-
13
cessity under the matter preceding the proviso
14
in section 7(c)(1)(B), including the procedure
15
provided in section 7(e); and
16
‘‘(B) in accordance with section 7(e), issue
17
the license for which the application was sub-
18
mitted or deny such application.
19
‘‘(2) NECESSARY
MODIFICATIONS.—For pur-
20
poses of this section, the Commission may modify
21
procedures in place under section 7 as the Commis-
22
sion determines necessary to apply such procedures
23
to the consideration, issuance, or denial of an appli-
24
cation under this section.
25
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•HR 1 RH
‘‘(d) EFFECT
OF LICENSE.—Notwithstanding any
1
other provision of law, if the Commission issues a license
2
under subsection (c)(1) of this section and the licensee is
3
in compliance with such license, no requirement of State
4
or local law that requires approval of the location of the
5
covered pipeline with respect to which the license is issued
6
may be enforced against the licensee.
7
‘‘(e) APPLICATION TO OTHER PROVISIONS.—
8
‘‘(1) EXTENSION
OF
FACILITIES; ABANDON-
9
MENT OF SERVICE.—For purposes of section 7—
10
‘‘(A) subsection (b) of such section shall be
11
applied with respect to this section by sub-
12
stituting ‘licensee under section 7A’ for ‘nat-
13
ural-gas company’;
14
‘‘(B) subsection (c)(2) of such section shall
15
be applied with respect to this section—
16
‘‘(i) by substituting ‘licensee under
17
section 7A’ for ‘natural-gas company’; and
18
‘‘(ii) by substituting ‘petroleum or a
19
petroleum product’ for ‘natural gas’ each
20
place it appears;
21
‘‘(C) subsection (f)(1) shall be applied with
22
respect to this section—
23
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265
•HR 1 RH
‘‘(i) by substituting ‘license under sec-
1
tion 7A’ for ‘authorization under this sec-
2
tion’; and
3
‘‘(ii) by substituting ‘licensee under
4
section 7A’ for ‘natural-gas company’;
5
‘‘(D) subsection (f)(2) shall be applied with
6
respect to this section—
7
‘‘(i) by substituting ‘transported liquid
8
or gas is consumed’ for ‘gas is consumed’;
9
and
10
‘‘(ii) by substituting ‘a liquid or gas to
11
another licensee under section 7A’ for ‘nat-
12
ural gas to another natural gas company’;
13
‘‘(E) subsection (g) shall be applied with
14
respect to this section—
15
‘‘(i) by substituting ‘licenses under
16
section 7A’ for ‘certificates of public con-
17
venience and necessity’; and
18
‘‘(ii) by substituting ‘licensee under
19
section 7A’ for ‘natural-gas company’;
20
‘‘(F) subsection (h) of such section shall be
21
applied with respect to this section—
22
‘‘(i) by substituting ‘licensee under
23
section 7A’ for ‘holder of a certificate of
24
public convenience and necessity’; and
25
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•HR 1 RH
‘‘(ii) by substituting ‘to carry out an
1
activity authorized by the license issued
2
under such section’ for ‘to construct, oper-
3
ate, and maintain a pipe line or pipe lines
4
for the transportation of natural gas, and
5
the necessary land or other property, in
6
addition to right-of-way, for the location of
7
compressor stations, pressure apparatus,
8
or other stations or equipment necessary to
9
the proper operation of such pipe line or
10
pipe lines’.
11
‘‘(2)
PROCESS
COORDINATION;
HEARINGS;
12
RULES OF PROCEDURE.—For purposes of applying
13
section 15 with respect to this section, each ref-
14
erence to an application in subsection (a) of such
15
section shall be considered to be a reference to an
16
application for a license under this section.
17
‘‘(3) REHEARING;
COURT
REVIEW
OF
OR-
18
DERS.—For purposes of section 19—
19
‘‘(A) subsection (b) of such section shall be
20
applied with respect to this section by sub-
21
stituting ‘person who submitted the relevant ap-
22
plication and paid a fee under section 7A’ for
23
‘natural gas company’; and
24
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267
•HR 1 RH
‘‘(B) subsection (d) of such section shall be
1
applied with respect to this section by sub-
2
stituting ‘covered pipeline with respect to which
3
an application and fee has been submitted
4
under section 7A’ for ‘facility subject to section
5
3 or section 7’ each place it appears.
6
‘‘(4) ENFORCEMENT
OF
ACT; REGULATIONS
7
AND ORDERS.—For purposes of section 20(d), para-
8
graph (1) of such section shall be applied with re-
9
spect to this section by substituting ‘company that
10
is a licensee under section 7A’ for ‘natural gas com-
11
pany’.’’.
12
SEC. 41007. DE-RISKING COMPENSATION PROGRAM.
13
(a) APPROPRIATION.—In addition to amounts other-
14
wise available, there is appropriated to the Secretary for
15
fiscal year 2026, out of any money in the Treasury not
16
otherwise appropriated, $10,000,000, to remain available
17
through September 30, 2034, to carry out this section:
18
Provided, That no disbursements may be made under this
19
section after September 30, 2034.
20
(b) DE-RISKING COMPENSATION PROGRAM.—
21
(1) ESTABLISHMENT.—There is established in
22
the Department of Energy a program, to be known
23
as the De-Risking Compensation Program, to pro-
24
vide compensation to sponsors, with respect to cov-
25
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268
•HR 1 RH
ered energy projects, that suffer unrecoverable losses
1
due to qualifying Federal actions.
2
(2) ELIGIBILITY.—A sponsor may enroll in the
3
program with respect to a covered energy project
4
if—
5
(A) all approvals or permits required or
6
authorized under Federal law for the covered
7
energy project have been received, regardless of
8
whether a court order subsequently remands or
9
vacates such approvals or permits;
10
(B) the sponsor commenced construction of
11
the covered energy project or made capital ex-
12
penditures with respect to the covered energy
13
project in reliance on such approvals or per-
14
mits; and
15
(C) at the time of enrollment, no quali-
16
fying Federal action has been issued or taken
17
that has an effect described in subsection
18
(g)(4)(B) on the covered energy project.
19
(3) APPLICATION.—A sponsor may apply to en-
20
roll with respect to a covered energy project in the
21
program by submitting to the Secretary an applica-
22
tion containing such information as the Secretary
23
may require.
24
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•HR 1 RH
(4) ENROLLMENT.—Not later than 90 days
1
after the date on which the Secretary receives an ap-
2
plication submitted under paragraph (3), the Sec-
3
retary shall enroll the sponsor in the program for
4
the covered energy project with respect to which the
5
application was submitted if the Secretary deter-
6
mines that the sponsor meets the requirements of
7
paragraph (2) with respect to the covered energy
8
project.
9
(c) FEES AND PREMIUMS.—
10
(1) ENROLLMENT
FEE.—Not later than 60
11
days after the date on which a sponsor is enrolled
12
in the program under subsection (b)(4), the sponsor
13
shall pay to the Secretary a one-time enrollment fee
14
equal to 5 percent of the sponsor capital contribu-
15
tion for the applicable covered energy project.
16
(2) ANNUAL PREMIUMS.—
17
(A) IN GENERAL.—The Secretary shall es-
18
tablish and annually collect a premium from
19
each sponsor enrolled in the program for each
20
covered energy project with respect to which the
21
sponsor is enrolled.
22
(B) REQUIREMENTS.—A premium estab-
23
lished and collected from a sponsor under sub-
24
paragraph (A) shall—
25
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•HR 1 RH
(i) be equal to 1.5 percent of the
1
sponsor capital contribution for the appli-
2
cable covered energy project; and
3
(ii) be paid beginning with the year of
4
enrollment and continuing until the earlier
5
of—
6
(I) fiscal year 2033; or
7
(II) the year in which the spon-
8
sor withdraws from the program with
9
respect to the applicable covered en-
10
ergy project.
11
(C) ADJUSTMENT.—The Secretary may
12
adjust the percentage required by subparagraph
13
(B)(i) once every two fiscal years to ensure
14
Fund solvency, except that—
15
(i) the Secretary may not vary such
16
percentage between sponsors or projects;
17
and
18
(ii) such percentage may not exceed 5
19
percent.
20
(D) PUBLICATION.—The Secretary shall
21
publish in the Federal Register not later than
22
60 days prior to the start of each fiscal year a
23
list of each premium to be collected for the fis-
24
cal year.
25
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•HR 1 RH
(d) COMPENSATION.—
1
(1) IN GENERAL.—Using amounts available in
2
the Fund, and subject to paragraph (5), the Sec-
3
retary shall provide compensation to a sponsor en-
4
rolled in the program with respect to a covered en-
5
ergy project if—
6
(A) the sponsor paid the enrollment fee
7
and the premium for each year the sponsor was
8
enrolled in the program with respect to the cov-
9
ered energy project; and
10
(B) the sponsor demonstrates, in a request
11
submitted to the Secretary, that a qualifying
12
Federal action has been issued or taken that
13
has an effect described in subsection (g)(4)(B)
14
on the covered energy project.
15
(2) REQUEST FOR COMPENSATION.—A request
16
under paragraph (1) shall contain the following:
17
(A) Information on each Federal approval
18
or permit relating to the covered energy project,
19
including the date on which such approval or
20
permit was issued.
21
(B) A certified accounting of capital ex-
22
penditures made in reliance on each such Fed-
23
eral approval or permit.
24
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•HR 1 RH
(C) A description of, and, if applicable, a
1
citation to, the applicable qualifying Federal ac-
2
tion.
3
(D) A causal statement showing how the
4
qualifying Federal action directly resulted in
5
unrecoverable losses or cessation of the covered
6
energy project and that absent the qualifying
7
Federal action the project would have otherwise
8
been viable.
9
(E) Any supporting economic analysis
10
demonstrating the financial effects of the cov-
11
ered energy project being rendered unviable.
12
(3) APPROVAL.—The Secretary shall approve a
13
request submitted under paragraph (1) and, subject
14
to paragraph (5), provide compensation to the appli-
15
cable sponsor if the Secretary determines that such
16
request is complete and in compliance with the re-
17
quirements of this section.
18
(4) LIMITATIONS ON DENIALS.—The Secretary
19
may not deny a request submitted under paragraph
20
(1) based on—
21
(A) the merit of the applicable covered en-
22
ergy project, as determined by the Secretary; or
23
(B) the type of technology used in the ap-
24
plicable covered energy project.
25
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•HR 1 RH
(5)
LIMITATIONS
ON
COMPENSATION
1
AMOUNT.—
2
(A) SPONSORS.—The amount of compensa-
3
tion provided to a sponsor under this subsection
4
with respect to a covered energy project shall
5
not exceed the sponsor capital contribution for
6
the covered energy project.
7
(B) AVAILABLE
FUNDS.—In determining
8
the amount of compensation to be provided to
9
a sponsor under this subsection—
10
(i) such amount may be any amount,
11
including zero, that is less than or equal to
12
the amount of the sponsor capital con-
13
tribution for the covered energy project, re-
14
gardless of the amount of capital expendi-
15
tures made by the sponsor (as certified
16
and included in the request pursuant to
17
paragraph (2)(B)); and
18
(ii) the Secretary shall determine such
19
amount in a manner that ensures no funds
20
will be obligated or expended in amounts
21
that exceed the amounts in the Fund at
22
the time of approval of the applicable re-
23
quest submitted under paragraph (1).
24
(e) DE-RISKING COMPENSATION FUND.—
25
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•HR 1 RH
(1) ESTABLISHMENT.—There is established a
1
fund, to be known as the De-Risking Compensation
2
Fund, consisting of such amounts as are deposited
3
in the Fund under this subsection or credited to the
4
Fund under subsection (f).
5
(2) USE OF FUNDS.—Amounts in the Fund—
6
(A) shall remain available until September
7
30, 2034; and
8
(B) may be used, without further appro-
9
priation—
10
(i) to make compensation payments to
11
sponsors under this section; and
12
(ii) to administer the program.
13
(3) LIMITATION
ON
ADMINISTRATIVE
EX-
14
PENSES.—Not more than 3 percent of amounts in
15
the Fund may be used to administer the program.
16
(4) DEPOSITS.—The Secretary shall deposit the
17
fees and premiums received under subsection (c)
18
into the Fund.
19
(f) FUND MANAGEMENT
AND INVESTMENT.—The
20
Fund shall be managed and invested as follows:
21
(1) The Fund shall be maintained and adminis-
22
tered by the Secretary.
23
(2) Amounts in the Fund shall be invested in
24
obligations of the United States in accordance with
25
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275
•HR 1 RH
the requirements of section 9702 of title 31, United
1
States Code.
2
(3) The interest on such investments shall be
3
credited to the Fund.
4
(g) DEFINITIONS.—For purposes of this section:
5
(1) COVERED
ENERGY
PROJECT.—The term
6
‘‘covered energy project’’ means a project located in
7
the United States for the development, extraction,
8
processing, transportation, or use of coal, coal by-
9
products, critical minerals, oil, natural gas, or nu-
10
clear energy with a total projected capital expendi-
11
ture of not less than $30,000,000, as certified by the
12
Secretary.
13
(2) FUND.—The term ‘‘Fund’’ means the De-
14
Risking Compensation Fund established in sub-
15
section (e)(1).
16
(3) PROGRAM.—The term ‘‘program’’ means
17
the De-Risking Compensation Program established
18
in subsection (b)(1).
19
(4) QUALIFYING FEDERAL ACTION.—The term
20
‘‘qualifying Federal action’’ means a regulation, ad-
21
ministrative decision, or executive action—
22
(A) issued or taken after a sponsor re-
23
ceived a Federal approval or permit for a cov-
24
ered energy project; and
25
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276
•HR 1 RH
(B) that revokes such approval or permit
1
or cancels, delays, or renders unviable the cov-
2
ered energy project regardless of whether the
3
regulation, administrative decision, or executive
4
action is responsive to a court order.
5
(5) SECRETARY.—The term ‘‘Secretary’’ means
6
the Secretary of Energy.
7
(6) SPONSOR.—The term ‘‘sponsor’’ means an
8
entity incorporated and headquartered in the United
9
States with an ownership or development interest in
10
a covered energy project.
11
(7) SPONSOR
CAPITAL
CONTRIBUTION.—The
12
term ‘‘sponsor capital contribution’’ means the pro-
13
jected capital expenditure of a sponsor for a covered
14
energy project, as certified by the Secretary at the
15
time of enrollment in the program, which shall in-
16
clude verifiable development, construction, permit-
17
ting, and financing costs directly related to the cov-
18
ered energy project.
19
SEC. 41008. STRATEGIC PETROLEUM RESERVE.
20
(a) APPROPRIATIONS.—In addition to amounts other-
21
wise available, there is appropriated to the Department
22
of Energy for fiscal year 2025, out of any money in the
23
Treasury not otherwise appropriated, to remain available
24
until September 30, 2029—
25
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•HR 1 RH
(1) $218,000,000 for maintenance of, including
1
repairs to, storage facilities and related facilities (as
2
such terms are defined in section 152 of the Energy
3
Policy and Conservation Act (42 U.S.C. 6232)) of
4
the Strategic Petroleum Reserve; and
5
(2) $1,321,000,000 to acquire, by purchase, pe-
6
troleum products for storage in the Strategic Petro-
7
leum Reserve.
8
(b) REPEAL OF STRATEGIC PETROLEUM RESERVE
9
DRAWDOWN
AND SALE MANDATE.—Section 20003 of
10
Public Law 115–97 (42 U.S.C. 6241 note) is repealed.
11
SEC. 41009. RESCISSIONS OF PREVIOUSLY APPROPRIATED
12
UNOBLIGATED FUNDS.
13
(a) RESCISSIONS.—Except as provided in subsection
14
(b), of the unobligated balances appropriated and made
15
available to the Department of Energy—
16
(1) for the Office of the Inspector General,
17
$8,052,100 is rescinded;
18
(2) for the Office of Clean Energy Demonstra-
19
tions, $60,152,900 is rescinded;
20
(3) for the Office for Human Capital, $76,900
21
is rescinded;
22
(4) for Federal Energy Management Programs,
23
$53,442,200 is rescinded;
24
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278
•HR 1 RH
(5) for State and Community Energy Pro-
1
grams, $262,506,100 is rescinded;
2
(6) for the Office of Minority Economic Impact,
3
$2,783,100 is rescinded;
4
(7) for the Office of Energy Efficiency and Re-
5
newable Energy, $401,850,700 is rescinded;
6
(8) for the Office of General Counsel, $239,400
7
is rescinded;
8
(9) for the Office of Indian Energy Policy and
9
Programs, $44,701,900 is rescinded;
10
(10) for the Office of Management, $5,041,100
11
is rescinded;
12
(11) for the Office of the Secretary, $1,019,400
13
is rescinded;
14
(12)
for
the
Office
of
Public
Affairs,
15
$2,594,000 is rescinded; and
16
(13) for the Office of Policy, $692,400 is re-
17
scinded.
18
(b) EXCLUSIONS.—The unobligated amounts re-
19
scinded under subsection (a) may not include amounts ap-
20
propriated and made available to the Department of En-
21
ergy—
22
(1) under Public Law 117–169 (commonly re-
23
ferred to as the Inflation Reduction Act of 2022);
24
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279
•HR 1 RH
(2) under the Infrastructure Investment and
1
Jobs Act (Public Law 117–58); or
2
(3) that were designated by the Congress as an
3
emergency requirement pursuant to the Balanced
4
Budget and Emergency Deficit Control Act of 1985
5
or a concurrent resolution on the budget, section
6
4001(a)(1) of S. Con. Res. 14 (117th Congress), or
7
section 1(e) of H. Res. 1151 (117th Congress) as
8
engrossed in the House of Representatives on June
9
8, 2022.
10
Subtitle B—Environment
11
PART 1—REPEALS AND RESCISSIONS
12
SEC. 42101. REPEAL AND RESCISSION RELATING TO CLEAN
13
HEAVY-DUTY VEHICLES.
14
(a) REPEAL.—Section 132 of the Clean Air Act (42
15
U.S.C. 7432) is repealed.
16
(b) RESCISSION.—The unobligated balance of any
17
amounts made available under section 132 of the Clean
18
Air Act (42 U.S.C. 7432) (as in effect on the day before
19
the date of enactment of this Act) is rescinded.
20
SEC.
42102.
REPEAL
AND
RESCISSION
RELATING
TO
21
GRANTS TO REDUCE AIR POLLUTION AT
22
PORTS.
23
(a) REPEAL.—Section 133 of the Clean Air Act (42
24
U.S.C. 7433) is repealed.
25
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280
•HR 1 RH
(b) RESCISSION.—The unobligated balance of any
1
amounts made available under section 133 of the Clean
2
Air Act (42 U.S.C. 7433) (as in effect on the day before
3
the date of enactment of this Act) is rescinded.
4
SEC.
42103.
REPEAL
AND
RESCISSION
RELATING
TO
5
GREENHOUSE GAS REDUCTION FUND.
6
(a) REPEAL.—Section 134 of the Clean Air Act (42
7
U.S.C. 7434) is repealed.
8
(b) RESCISSION.—The unobligated balance of any
9
amounts made available under section 134 of the Clean
10
Air Act (42 U.S.C. 7434) (as in effect on the day before
11
the date of enactment of this Act) is rescinded.
12
SEC. 42104. REPEAL AND RESCISSION RELATING TO DIESEL
13
EMISSIONS REDUCTIONS.
14
(a) REPEAL.—Section 60104 of Public Law 117–169
15
is repealed.
16
(b) RESCISSION.—The unobligated balance of any
17
amounts made available under section 60104 of Public
18
Law 117–169 (as in effect on the day before the date of
19
enactment of this Act) is rescinded.
20
SEC. 42105. REPEAL AND RESCISSION RELATING TO FUND-
21
ING TO ADDRESS AIR POLLUTION.
22
(a) REPEAL.—Section 60105 of Public Law 117–169
23
is repealed.
24
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•HR 1 RH
(b) RESCISSION.—The unobligated balance of any
1
amounts made available under section 60105 of Public
2
Law 117–169 (as in effect on the day before the date of
3
enactment of this Act) is rescinded.
4
SEC. 42106. REPEAL AND RESCISSION RELATING TO FUND-
5
ING
TO
ADDRESS
AIR
POLLUTION
AT
6
SCHOOLS.
7
(a) REPEAL.—Section 60106 of Public Law 117–169
8
is repealed.
9
(b) RESCISSION.—The unobligated balance of any
10
amounts made available under section 60106 of Public
11
Law 117–169 (as in effect on the day before the date of
12
enactment of this Act) is rescinded.
13
SEC. 42107. REPEAL AND RESCISSION RELATING TO LOW
14
EMISSIONS ELECTRICITY PROGRAM.
15
(a) REPEAL.—Section 135 of the Clean Air Act (42
16
U.S.C. 7435) is repealed.
17
(b) RESCISSION.—The unobligated balance of any
18
amounts made available under section 135 of the Clean
19
Air Act (42 U.S.C. 7435) (as in effect on the day before
20
the date of enactment of this Act) is rescinded.
21
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•HR 1 RH
SEC. 42108. REPEAL AND RESCISSION RELATING TO FUND-
1
ING FOR SECTION 211(o) OF THE CLEAN AIR
2
ACT.
3
(a) REPEAL.—Section 60108 of Public Law 117–169
4
is repealed.
5
(b) RESCISSION.—The unobligated balance of any
6
amounts made available under section 60108 of Public
7
Law 117–169 (as in effect on the day before the date of
8
enactment of this Act) is rescinded.
9
SEC. 42109. REPEAL AND RESCISSION RELATING TO FUND-
10
ING FOR IMPLEMENTATION OF THE AMER-
11
ICAN
INNOVATION
AND
MANUFACTURING
12
ACT.
13
(a) REPEAL.—Section 60109 of Public Law 117–169
14
is repealed.
15
(b) RESCISSION.—The unobligated balance of any
16
amounts made available under section 60109 of Public
17
Law 117–169 (as in effect on the day before the date of
18
enactment of this Act) is rescinded.
19
SEC. 42110. REPEAL AND RESCISSION RELATING TO FUND-
20
ING FOR ENFORCEMENT TECHNOLOGY AND
21
PUBLIC INFORMATION.
22
(a) REPEAL.—Section 60110 of Public Law 117–169
23
is repealed.
24
(b) RESCISSION.—The unobligated balance of any
25
amounts made available under section 60110 of Public
26
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•HR 1 RH
Law 117–169 (as in effect on the day before the date of
1
enactment of this Act) is rescinded.
2
SEC.
42111.
REPEAL
AND
RESCISSION
RELATING
TO
3
GREENHOUSE GAS CORPORATE REPORTING.
4
(a) REPEAL.—Section 60111 of Public Law 117–169
5
is repealed.
6
(b) RESCISSION.—The unobligated balance of any
7
amounts made available under section 60111 of Public
8
Law 117–169 (as in effect on the day before the date of
9
enactment of this Act) is rescinded.
10
SEC. 42112. REPEAL AND RESCISSION RELATING TO ENVI-
11
RONMENTAL PRODUCT DECLARATION AS-
12
SISTANCE.
13
(a) REPEAL.—Section 60112 of Public Law 117–169
14
(42 U.S.C. 4321 note) is repealed.
15
(b) RESCISSION.—The unobligated balance of any
16
amounts made available under section 60112 of Public
17
Law 117–169 (42 U.S.C. 4321 note) (as in effect on the
18
day before the date of enactment of this Act) is rescinded.
19
SEC. 42113. REPEAL OF FUNDING FOR METHANE EMIS-
20
SIONS AND WASTE REDUCTION INCENTIVE
21
PROGRAM FOR PETROLEUM AND NATURAL
22
GAS SYSTEMS.
23
(a) REPEAL AND RESCISSION.—Subsections (a) and
24
(b) of section 136 of the Clean Air Act (42 U.S.C. 7436)
25
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•HR 1 RH
are repealed and the unobligated balances of amounts
1
made available under those subsections (as in effect on
2
the day before the date of enactment of this Act) are re-
3
scinded.
4
(b) CONFORMING AMENDMENTS.—Section 136 of the
5
Clean Air Act (42 U.S.C. 7436) is amended—
6
(1) by redesignating subsections (c) through (i)
7
as subsections (a) through (g), respectively;
8
(2) by striking ‘‘subsection (c)’’ each place it
9
appears and inserting ‘‘subsection (a)’’;
10
(3) by striking ‘‘subsection (d)’’ each place it
11
appears and inserting ‘‘subsection (b)’’;
12
(4) by striking ‘‘subsection (f)’’ each place it
13
appears and inserting ‘‘subsection (d)’’;
14
(5) in subsection (e) (as so redesignated), by
15
striking ‘‘calendar year 2024’’ and inserting ‘‘cal-
16
endar year 2034’’; and
17
(6) in subsection (f) (as so redesignated)—
18
(A) by striking ‘‘subsections (e) and (f)’’
19
and inserting ‘‘subsections (c) and (d)’’; and
20
(B) by striking ‘‘including data collected
21
pursuant to subsection (a)(4),’’.
22
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•HR 1 RH
SEC.
42114.
REPEAL
AND
RESCISSION
RELATING
TO
1
GREENHOUSE GAS AIR POLLUTION PLANS
2
AND IMPLEMENTATION GRANTS.
3
(a) REPEAL.—Section 137 of the Clean Air Act (42
4
U.S.C. 7437) is repealed.
5
(b) RESCISSION.—The unobligated balance of any
6
amounts made available under section 137 of the Clean
7
Air Act (42 U.S.C. 7437) (as in effect on the day before
8
the date of enactment of this Act) is rescinded.
9
SEC. 42115. REPEAL AND RESCISSION RELATING TO ENVI-
10
RONMENTAL
PROTECTION
AGENCY
EFFI-
11
CIENT, ACCURATE, AND TIMELY REVIEWS.
12
(a) REPEAL.—Section 60115 of Public Law 117–169
13
is repealed.
14
(b) RESCISSION.—The unobligated balance of any
15
amounts made available under section 60115 of Public
16
Law 117–169 (as in effect on the day before the date of
17
enactment of this Act) is rescinded.
18
SEC. 42116. REPEAL AND RESCISSION RELATING TO LOW-
19
EMBODIED CARBON LABELING FOR CON-
20
STRUCTION MATERIALS.
21
(a) REPEAL.—Section 60116 of Public Law 117–169
22
(42 U.S.C. 4321 note) is repealed.
23
(b) RESCISSION.—The unobligated balance of any
24
amounts made available under section 60116 of Public
25
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•HR 1 RH
Law 117–169 (42 U.S.C. 4321 note) (as in effect on the
1
day before the date of enactment of this Act) is rescinded.
2
SEC. 42117. REPEAL AND RESCISSION RELATING TO ENVI-
3
RONMENTAL AND CLIMATE JUSTICE BLOCK
4
GRANTS.
5
(a) REPEAL.—Section 138 of the Clean Air Act (42
6
U.S.C. 7438) is repealed.
7
(b) RESCISSION.—The unobligated balance of any
8
amounts made available under section 138 of the Clean
9
Air Act (42 U.S.C. 7438) (as in effect on the day before
10
the date of enactment of this Act) is rescinded.
11
PART 2—REPEAL OF EPA RULE RELATING TO
12
MULTI-POLLUTANT EMISSIONS STANDARDS
13
SEC. 42201. REPEAL OF EPA RULE RELATING TO MULTI-
14
POLLUTANT
EMISSIONS
STANDARDS
FOR
15
LIGHT- AND MEDIUM-DUTY VEHICLES.
16
The final rule issued by the Environmental Protec-
17
tion Agency relating to ‘‘Multi-Pollutant Emissions Stand-
18
ards for Model Years 2027 and Later Light-Duty and Me-
19
dium-Duty Vehicles’’ (89 Fed. Reg. 27842 (April 18,
20
2024)) shall have no force or effect.
21
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•HR 1 RH
PART 3—REPEAL OF NHTSA RULE RELATING TO
1
CAFE STANDARDS
2
SEC. 42301. REPEAL OF NHTSA RULE RELATING TO CAFE
3
STANDARDS
FOR
PASSENGER
CARS
AND
4
LIGHT TRUCKS.
5
The final rule issued by the National Highway Traffic
6
Safety Administration relating to ‘‘Corporate Average
7
Fuel Economy Standards for Passenger Cars and Light
8
Trucks for Model Years 2027 and Beyond and Fuel Effi-
9
ciency Standards for Heavy-Duty Pickup Trucks and
10
Vans for Model Years 2030 and Beyond’’ (89 Fed. Reg.
11
52540 (June 24, 2024)) shall have no force or effect.
12
Subtitle C—Communications
13
PART 1—SPECTRUM AUCTIONS
14
SEC. 43101. IDENTIFICATION AND AUCTION OF SPECTRUM.
15
(a) IDENTIFICATION.—
16
(1) IN GENERAL.—Not later than 2 years after
17
the date of the enactment of this Act, the Assistant
18
Secretary and the Commission shall identify, from
19
spectrum in the covered band that is allocated for
20
Federal use, non-Federal use, or shared Federal and
21
non-Federal use, a total of not less than 600 mega-
22
hertz of spectrum for reallocation for non-Federal
23
use on an exclusive, licensed basis for mobile
24
broadband services, fixed broadband services, mobile
25
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•HR 1 RH
and fixed broadband services, or a combination
1
thereof.
2
(2) WITHDRAWAL OR MODIFICATION OF FED-
3
ERAL GOVERNMENT ASSIGNMENTS.—The President,
4
acting through the Assistant Secretary, shall—
5
(A) withdraw or modify the assignments to
6
Federal Government stations of spectrum iden-
7
tified under paragraph (1) as necessary for the
8
Commission to comply with subsection (b); and
9
(B) not later than 30 days after com-
10
pleting any necessary withdrawal or modifica-
11
tion under subparagraph (A), notify the Com-
12
mission that the withdrawal or modification is
13
complete.
14
(3) RULE OF CONSTRUCTION.—Nothing in this
15
subsection may be construed to change the respec-
16
tive authorities of the Assistant Secretary and the
17
Commission with respect to spectrum allocated for
18
Federal use, non-Federal use, or shared Federal and
19
non-Federal use.
20
(b) AUCTION.—
21
(1) IN
GENERAL.—The Commission shall,
22
through 1 or more systems of competitive bidding
23
under section 309(j) of the Communications Act of
24
1934 (47 U.S.C. 309(j)), grant licenses for the use
25
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289
•HR 1 RH
of the spectrum identified under subsection (a) on
1
an exclusive, licensed basis for mobile broadband
2
services, fixed broadband services, mobile and fixed
3
broadband services, or a combination thereof.
4
(2) SCHEDULE.—Notwithstanding paragraph
5
(15)(A) of section 309(j) of the Communications Act
6
of 1934 (47 U.S.C. 309(j)), the Commission shall
7
auction spectrum under paragraph (1) of this sub-
8
section according to the following schedule:
9
(A) Not later than 3 years after the date
10
of the enactment of this Act, the Commission
11
shall complete 1 or more systems of competitive
12
bidding for not less than 200 megahertz of such
13
spectrum.
14
(B) Not later than 6 years after the date
15
of the enactment of this Act, the Commission
16
shall complete 1 or more systems of competitive
17
bidding for any remaining spectrum required to
18
be auctioned under paragraph (1) after compli-
19
ance with subparagraph (A) of this paragraph.
20
(c) AUCTION PROCEEDS TO COVER 110 PERCENT OF
21
FEDERAL RELOCATION OR SHARING COSTS.—Nothing in
22
this section may be construed to relieve the Commission
23
from the requirements of section 309(j)(16)(B) of the
24
Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)).
25
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•HR 1 RH
(d) AUCTION AUTHORITY.—Section 309(j)(11) of the
1
Communications Act of 1934 (47 U.S.C. 309(j)(11)) is
2
amended by striking ‘‘grant a license or permit under this
3
subsection shall expire March 9, 2023’’ and all that fol-
4
lows and inserting ‘‘complete a system of competitive bid-
5
ding under this subsection shall expire September 30,
6
2034.’’.
7
(e) DEFINITIONS.—In this section:
8
(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
9
ant Secretary’’ means the Assistant Secretary of
10
Commerce for Communications and Information.
11
(2) COMMISSION.—The term ‘‘Commission’’
12
means the Federal Communications Commission.
13
(3) COVERED BAND.—
14
(A) IN
GENERAL.—The term ‘‘covered
15
band’’ means the band of frequencies between
16
1.3 gigahertz and 10 gigahertz, inclusive.
17
(B)
EXCLUSION.—The
term
‘‘covered
18
band’’ does not include the following:
19
(i) The band of frequencies between
20
3.1 gigahertz and 3.45 gigahertz, inclusive.
21
(ii) The band of frequencies between
22
5.925 gigahertz and 7.125 gigahertz, inclu-
23
sive.
24
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•HR 1 RH
PART 2—ARTIFICIAL INTELLIGENCE AND
1
INFORMATION TECHNOLOGY MODERNIZATION
2
SEC. 43201. ARTIFICIAL INTELLIGENCE AND INFORMATION
3
TECHNOLOGY MODERNIZATION INITIATIVE.
4
(a) APPROPRIATION OF FUNDS.—There is hereby ap-
5
propriated to the Department of Commerce for fiscal year
6
2025, out of any funds in the Treasury not otherwise ap-
7
propriated, $500,000,000, to remain available until Sep-
8
tember 30, 2035, to modernize and secure Federal infor-
9
mation technology systems through the deployment of
10
commercial artificial intelligence, the deployment of auto-
11
mation technologies, and the replacement of antiquated
12
business systems in accordance with subsection (b).
13
(b) AUTHORIZED USES.—The Secretary of Com-
14
merce shall use the funds appropriated under subsection
15
(a) for the following:
16
(1) To replace or modernize, within the Depart-
17
ment of Commerce, legacy business systems with
18
state-of-the-art commercial artificial intelligence sys-
19
tems and automated decision systems.
20
(2) To facilitate, within the Department of
21
Commerce, the adoption of artificial intelligence
22
models that increase operational efficiency and serv-
23
ice delivery.
24
(3) To improve, within the Department of Com-
25
merce, the cybersecurity posture of Federal informa-
26
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•HR 1 RH
tion technology systems through modernized archi-
1
tecture, automated threat detection, and integrated
2
artificial intelligence solutions.
3
(c) MORATORIUM.—
4
(1) IN GENERAL.—Except as provided in para-
5
graph (2), no State or political subdivision thereof
6
may enforce any law or regulation regulating artifi-
7
cial intelligence models, artificial intelligence sys-
8
tems, or automated decision systems during the 10-
9
year period beginning on the date of the enactment
10
of this Act.
11
(2) RULE OF CONSTRUCTION.—Paragraph (1)
12
may not be construed to prohibit the enforcement of
13
any law or regulation that—
14
(A) the primary purpose and effect of
15
which is to remove legal impediments to, or fa-
16
cilitate the deployment or operation of, an arti-
17
ficial intelligence model, artificial intelligence
18
system, or automated decision system;
19
(B) the primary purpose and effect of
20
which is to streamline licensing, permitting,
21
routing, zoning, procurement, or reporting pro-
22
cedures in a manner that facilitates the adop-
23
tion of artificial intelligence models, artificial
24
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•HR 1 RH
intelligence systems, or automated decision sys-
1
tems;
2
(C) does not impose any substantive de-
3
sign, performance, data-handling, documenta-
4
tion, civil liability, taxation, fee, or other re-
5
quirement on artificial intelligence models, arti-
6
ficial intelligence systems, or automated deci-
7
sion systems unless such requirement—
8
(i) is imposed under Federal law; or
9
(ii) in the case of a requirement im-
10
posed under a generally applicable law, is
11
imposed in the same manner on models
12
and systems, other than artificial intel-
13
ligence models, artificial intelligence sys-
14
tems, and automated decision systems,
15
that provide comparable functions to artifi-
16
cial intelligence models, artificial intel-
17
ligence systems, or automated decision sys-
18
tems; and
19
(D) does not impose a fee or bond un-
20
less—
21
(i) such fee or bond is reasonable and
22
cost-based; and
23
(ii) under such fee or bond, artificial
24
intelligence models, artificial intelligence
25
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•HR 1 RH
systems, and automated decision systems
1
are treated in the same manner as other
2
models and systems that perform com-
3
parable functions.
4
(d) DEFINITIONS.—In this section:
5
(1) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar-
6
tificial intelligence’’ has the meaning given such
7
term in section 5002 of the National Artificial Intel-
8
ligence Initiative Act of 2020 (15 U.S.C. 9401).
9
(2) ARTIFICIAL
INTELLIGENCE
MODEL.—The
10
term ‘‘artificial intelligence model’’ means a software
11
component of an information system that imple-
12
ments artificial intelligence technology and uses
13
computational, statistical, or machine-learning tech-
14
niques to produce outputs from a defined set of in-
15
puts.
16
(3) ARTIFICIAL INTELLIGENCE SYSTEM.—The
17
term ‘‘artificial intelligence system’’ means any data
18
system, software, hardware, application, tool, or util-
19
ity that operates, in whole or in part, using artificial
20
intelligence.
21
(4) AUTOMATED DECISION SYSTEM.—The term
22
‘‘automated decision system’’ means any computa-
23
tional process derived from machine learning, statis-
24
tical modeling, data analytics, or artificial intel-
25
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•HR 1 RH
ligence that issues a simplified output, including a
1
score, classification, or recommendation, to materi-
2
ally influence or replace human decision making.
3
Subtitle D—Health
4
PART 1—MEDICAID
5
Subpart A—Reducing Fraud and Improving
6
Enrollment Processes
7
SEC. 44101. MORATORIUM ON IMPLEMENTATION OF RULE
8
RELATING TO ELIGIBILITY AND ENROLL-
9
MENT IN MEDICARE SAVINGS PROGRAMS.
10
The Secretary of Health and Human Services shall
11
not, during the period beginning on the date of the enact-
12
ment of this section and ending January 1, 2035, imple-
13
ment, administer, or enforce the provisions of the final
14
rule published by the Centers for Medicare & Medicaid
15
Services on September 21, 2023, and titled ‘‘Streamlining
16
Medicaid; Medicare Savings Program Eligibility Deter-
17
mination and Enrollment’’ (88 Fed. Reg. 65230).
18
SEC. 44102. MORATORIUM ON IMPLEMENTATION OF RULE
19
RELATING TO ELIGIBILITY AND ENROLL-
20
MENT FOR MEDICAID, CHIP, AND THE BASIC
21
HEALTH PROGRAM.
22
The Secretary of Health and Human Services shall
23
not, during the period beginning on the date of the enact-
24
ment of this section and ending January 1, 2035, imple-
25
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•HR 1 RH
ment, administer, or enforce the provisions of the final
1
rule published by the Centers for Medicare & Medicaid
2
Services on April 2, 2024, and titled ‘‘Medicaid Program;
3
Streamlining the Medicaid, Children’s Health Insurance
4
Program, and Basic Health Program Application, Eligi-
5
bility Determination, Enrollment, and Renewal Processes’’
6
(89 Fed. Reg. 22780).
7
SEC.
44103.
ENSURING
APPROPRIATE
ADDRESS
8
VERIFICATION UNDER THE MEDICAID AND
9
CHIP PROGRAMS.
10
(a) MEDICAID.—
11
(1) IN GENERAL.—Section 1902 of the Social
12
Security Act (42 U.S.C. 1396a) is amended—
13
(A) in subsection (a)—
14
(i) in paragraph (86), by striking
15
‘‘and’’ at the end;
16
(ii) in paragraph (87), by striking the
17
period and inserting ‘‘; and’’; and
18
(iii) by inserting after paragraph (87)
19
the following new paragraph:
20
‘‘(88) provide—
21
‘‘(A) beginning not later than January 1,
22
2027, in the case of 1 of the 50 States and the
23
District of Columbia, for a process to regularly
24
obtain address information for individuals en-
25
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•HR 1 RH
rolled under such plan (or a waiver of such
1
plan) in accordance with subsection (vv); and
2
‘‘(B) beginning not later than October 1,
3
2029—
4
‘‘(i) for the State to submit to the sys-
5
tem established by the Secretary under
6
subsection (uu), with respect to an indi-
7
vidual enrolled or seeking to enroll under
8
such plan, not less frequently than once
9
each month and during each determination
10
or redetermination of the eligibility of such
11
individual for medical assistance under
12
such plan (or waiver of such plan)—
13
‘‘(I) the social security number of
14
such individual, if such individual has
15
a social security number and is re-
16
quired to provide such number to en-
17
roll under such plan (or waiver); and
18
‘‘(II) such other information with
19
respect to such individual as deter-
20
mined necessary by the Secretary for
21
purposes of preventing individuals
22
from simultaneously being enrolled
23
under State plans (or waivers of such
24
plans) of multiple States;
25
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‘‘(ii) for the use of such system to
1
prevent such simultaneous enrollment; and
2
‘‘(iii) in the case that such system in-
3
dicates that an individual enrolled or seek-
4
ing to enroll under such plan (or wavier of
5
such plan) is enrolled under a State plan
6
(or waiver of such a plan) of another
7
State, for the taking of appropriate action
8
(as determined by the Secretary) to iden-
9
tify whether such an individual resides in
10
the State and disenroll an individual from
11
the State plan of such State if such indi-
12
vidual does not reside in such State (unless
13
such individual meets such an exception as
14
the Secretary may specify).’’; and
15
(B) by adding at the end the following new
16
subsections:
17
‘‘(uu) PREVENTION OF ENROLLMENT UNDER MUL-
18
TIPLE STATE PLANS.—
19
‘‘(1) IN GENERAL.—Not later than October 1,
20
2029, the Secretary shall establish a system to be
21
utilized by the Secretary and States to prevent an
22
individual from being simultaneously enrolled under
23
the State plans (or waivers of such plans) of mul-
24
tiple States. Such system shall—
25
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•HR 1 RH
‘‘(A) provide for the receipt of information
1
submitted
by
a
State
under
subsection
2
(a)(88)(B)(i); and
3
‘‘(B) not less than once each month, notify
4
or transmit information to a State (or allow the
5
Secretary to notify or transmit information to a
6
State) regarding whether an individual enrolled
7
or seeking to enroll under the State plan of
8
such State (or waiver of such plan) is enrolled
9
under the State plan (or waiver of such plan)
10
of another State.
11
‘‘(2) STANDARDS.—The Secretary shall estab-
12
lish such standards as determined necessary by the
13
Secretary to limit and protect information submitted
14
under such system and ensure the privacy of such
15
information, consistent with subsection (a)(7).
16
‘‘(3) IMPLEMENTATION
FUNDING.—There are
17
appropriated to the Secretary, out of amounts in the
18
Treasury not otherwise appropriated, in addition to
19
amounts otherwise available—
20
‘‘(A) for fiscal year 2026, $10,000,000 for
21
purposes of establishing the system required
22
under this subsection, to remain available until
23
expended; and
24
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•HR 1 RH
‘‘(B) for fiscal year 2029, $20,000,000 for
1
purposes of maintaining such system, to remain
2
available until expended.
3
‘‘(vv) PROCESS TO OBTAIN ENROLLEE ADDRESS IN-
4
FORMATION.—
5
‘‘(1) IN GENERAL.—For purposes of subsection
6
(a)(88)(A), a process to regularly obtain address in-
7
formation for individuals enrolled under a State plan
8
(or a waiver of such plan) shall obtain address infor-
9
mation from reliable data sources described in para-
10
graph (2) and take such actions as the Secretary
11
shall specify with respect to any changes to such ad-
12
dress based on such information.
13
‘‘(2) RELIABLE DATA SOURCES DESCRIBED.—
14
For purposes of paragraph (1), the reliable data
15
sources described in this paragraph are the fol-
16
lowing:
17
‘‘(A) Mail returned to the State by the
18
United States Postal Service with a forwarding
19
address.
20
‘‘(B) The National Change of Address
21
Database maintained by the United States
22
Postal Service.
23
‘‘(C) A managed care entity (as defined in
24
section 1932(a)(1)(B)) or prepaid inpatient
25
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•HR 1 RH
health plan or prepaid ambulatory health plan
1
(as
such
terms
are
defined
in
section
2
1903(m)(9)(D)) that has a contract under the
3
State plan if the address information is pro-
4
vided to such entity or plan directly from, or
5
verified by such entity or plan directly with,
6
such individual.
7
‘‘(D) Other data sources as identified by
8
the State and approved by the Secretary.’’.
9
(2) CONFORMING AMENDMENTS.—
10
(A) PARIS.—Section 1903(r)(3) of the
11
Social Security Act (42 U.S.C. 1396b(r)(3)) is
12
amended—
13
(i) by striking ‘‘In order’’ and insert-
14
ing ‘‘(A) In order’’;
15
(ii) by striking ‘‘through the Public’’
16
and inserting ‘‘through—
17
‘‘(i) the Public’’;
18
(iii) by striking the period at the end
19
and inserting ‘‘; and
20
‘‘(ii) beginning October 1, 2029, the sys-
21
tem established by the Secretary under section
22
1902(uu).’’; and
23
(iv) by adding at the end the following
24
new subparagraph:
25
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‘‘(B) Beginning October 1, 2029, the Secretary
1
may determine that a State is not required to have
2
in operation an eligibility determination system
3
which provides for data matching through the sys-
4
tem described in subparagraph (A)(i) to meet the re-
5
quirements of this paragraph.’’.
6
(B) MANAGED CARE.—Section 1932 of the
7
Social Security Act (42 U.S.C. 1396u–2) is
8
amended by adding at the end the following
9
new subsection:
10
‘‘(j) TRANSMISSION OF ADDRESS INFORMATION.—
11
Beginning January 1, 2027, each contract under a State
12
plan with a managed care entity (as defined in section
13
1932(a)(1)(B)) or with a prepaid inpatient health plan or
14
prepaid ambulatory health plan (as such terms are defined
15
in section 1903(m)(9)(D)), shall provide that such entity
16
or plan shall promptly transmit to the State any address
17
information for an individual enrolled with such entity or
18
plan that is provided to such entity or plan directly from,
19
or verified by such entity or plan directly with, such indi-
20
vidual.’’.
21
(b) CHIP.—
22
(1) IN
GENERAL.—Section 2107(e)(1) of the
23
Social Security Act (42 U.S.C. 1397gg(e)(1)) is
24
amended—
25
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(A) by redesignating subparagraphs (H)
1
through (U) as subparagraphs (I) through (V),
2
respectively; and
3
(B) by inserting after subparagraph (G)
4
the following new subparagraph:
5
‘‘(H) Section 1902(a)(88) (relating to ad-
6
dress information for enrollees and prevention
7
of simultaneous enrollments).’’.
8
(2) MANAGED CARE.—Section 2103(f)(3) of the
9
Social Security Act (42 U.S.C. 1397cc(f)(3)) is
10
amended by striking ‘‘and (e)’’ and inserting ‘‘(e),
11
and (j)’’.
12
SEC. 44104. MODIFYING CERTAIN STATE REQUIREMENTS
13
FOR ENSURING DECEASED INDIVIDUALS DO
14
NOT REMAIN ENROLLED.
15
Section 1902 of the Social Security Act (42 U.S.C.
16
1396a), as amended by section 44103, is further amend-
17
ed—
18
(1) in subsection (a)—
19
(A) in paragraph (87), by striking ‘‘; and’’
20
and inserting a semicolon;
21
(B) in paragraph (88), by striking the pe-
22
riod at the end and inserting ‘‘; and’’; and
23
(C) by inserting after paragraph (88) the
24
following new paragraph:
25
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•HR 1 RH
‘‘(89) provide that the State shall comply with
1
the eligibility verification requirements under sub-
2
section (ww), except that this paragraph shall apply
3
only in the case of the 50 States and the District
4
of Columbia.’’; and
5
(2) by adding at the end the following new sub-
6
section:
7
‘‘(ww) VERIFICATION OF CERTAIN ELIGIBILITY CRI-
8
TERIA.—
9
‘‘(1) IN GENERAL.—For purposes of subsection
10
(a)(89), the eligibility verification requirements, be-
11
ginning January 1, 2028, are as follows:
12
‘‘(A) QUARTERLY SCREENING TO VERIFY
13
ENROLLEE STATUS.—The State shall, not less
14
frequently than quarterly, review the Death
15
Master File (as such term is defined in section
16
203(d) of the Bipartisan Budget Act of 2013)
17
to determine whether any individuals enrolled
18
for medical assistance under the State plan (or
19
waiver of such plan) are deceased.
20
‘‘(B)
DISENROLLMENT
UNDER
STATE
21
PLAN.—If the State determines, based on infor-
22
mation obtained from the Death Master File,
23
that an individual enrolled for medical assist-
24
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•HR 1 RH
ance under the State plan (or waiver of such
1
plan) is deceased, the State shall—
2
‘‘(i) treat such information as factual
3
information confirming the death of a ben-
4
eficiary for purposes of section 431.213(a)
5
of title 42, Code of Federal Regulations (or
6
any successor regulation);
7
‘‘(ii) disenroll such individual from the
8
State plan (or waiver of such plan); and
9
‘‘(iii) discontinue any payments for
10
medical assistance under this title made on
11
behalf of such individual (other than pay-
12
ments for any items or services furnished
13
to such individual prior to the death of
14
such individual).
15
‘‘(C) REINSTATEMENT
OF
COVERAGE
IN
16
THE EVENT OF ERROR.—If a State determines
17
that an individual was misidentified as deceased
18
based on information obtained from the Death
19
Master File and was erroneously disenrolled
20
from medical assistance under the State plan
21
(or waiver of such plan) based on such
22
misidentification, the State shall immediately
23
re-enroll such individual under the State plan
24
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•HR 1 RH
(or waiver of such plan), retroactive to the date
1
of such disenrollment.
2
‘‘(2) RULE OF CONSTRUCTION.—Nothing under
3
this subsection shall be construed to preclude the
4
ability of a State to use other electronic data sources
5
to timely identify potentially deceased beneficiaries,
6
so long as the State is also in compliance with the
7
requirements of this subsection (and all other re-
8
quirements under this title relating to Medicaid eli-
9
gibility determination and redetermination).’’.
10
SEC. 44105. MEDICAID PROVIDER SCREENING REQUIRE-
11
MENTS.
12
Section 1902(kk)(1) of the Social Security Act (42
13
U.S.C. 1396a(kk)(1)) is amended—
14
(1) by striking ‘‘The State’’ and inserting:
15
‘‘(A) IN GENERAL.—The State’’; and
16
(2) by adding at the end the following new sub-
17
paragraph:
18
‘‘(B) ADDITIONAL
PROVIDER
SCREEN-
19
ING.—Beginning January 1, 2028, as part of
20
the enrollment (or reenrollment or revalidation
21
of enrollment) of a provider or supplier under
22
this title, and not less frequently than monthly
23
during the period that such provider or supplier
24
is so enrolled, the State conducts a check of any
25
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307
•HR 1 RH
database or similar system developed pursuant
1
to section 6401(b)(2) of the Patient Protection
2
and Affordable Care Act to determine whether
3
the Secretary has terminated the participation
4
of such provider or supplier under title XVIII,
5
or whether any other State has terminated the
6
participation of such provider or supplier under
7
such other State’s State plan under this title
8
(or waiver of the plan), or such other State’s
9
State child health plan under title XXI (or
10
waiver of the plan).’’.
11
SEC. 44106. ADDITIONAL MEDICAID PROVIDER SCREENING
12
REQUIREMENTS.
13
Section 1902(kk)(1) of the Social Security Act (42
14
U.S.C. 1396a(kk)(1)), as amended by section 44105, is
15
further amended by adding at the end the following new
16
subparagraph:
17
‘‘(C)
PROVIDER
SCREENING
AGAINST
18
DEATH MASTER FILE.—Beginning January 1,
19
2028, as part of the enrollment (or reenroll-
20
ment or revalidation of enrollment) of a pro-
21
vider or supplier under this title, and not less
22
frequently than quarterly during the period that
23
such provider or supplier is so enrolled, the
24
State conducts a check of the Death Master
25
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308
•HR 1 RH
File (as such term is defined in section 203(d)
1
of the Bipartisan Budget Act of 2013) to deter-
2
mine whether such provider or supplier is de-
3
ceased.’’.
4
SEC. 44107. REMOVING GOOD FAITH WAIVER FOR PAYMENT
5
REDUCTION RELATED TO CERTAIN ERRO-
6
NEOUS EXCESS PAYMENTS UNDER MEDICAID.
7
(a) IN GENERAL.—Section 1903(u)(1) of the Social
8
Security Act (42 U.S.C. 1396b(u)(1)) is amended—
9
(1) in subparagraph (B)—
10
(A) by striking ‘‘The Secretary’’ and in-
11
serting ‘‘(i) Subject to clause (ii), the Sec-
12
retary’’; and
13
(B) by adding at the end the following new
14
clause:
15
‘‘(ii) The amount waived under clause (i) for a
16
fiscal year may not exceed an amount equal to the
17
difference between—
18
‘‘(I) the amount of the reduction required
19
under subparagraph (A) for such fiscal year
20
(without application of this subparagraph); and
21
‘‘(II) the sum of the erroneous excess pay-
22
ments for medical assistance described in sub-
23
clauses (I) and (III) of subparagraph (D)(i)
24
made for such fiscal year.’’;
25
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309
•HR 1 RH
(2) in subparagraph (C), by striking ‘‘he’’ in
1
each place it appears and inserting ‘‘the Secretary’’
2
in each such place; and
3
(3) in subparagraph (D)(i)—
4
(A) in subclause (I), by striking ‘‘and’’ at
5
the end;
6
(B) in subclause (II), by striking the pe-
7
riod at the end and inserting ‘‘, and’’; and
8
(C) by adding at the end the following new
9
subclause:
10
‘‘(III) payments (other than payments de-
11
scribed in subclause (I)) for items and services fur-
12
nished to an eligible individual who is not eligible for
13
medical assistance under the State plan (or a waiver
14
of such plan) with respect to such items and serv-
15
ices.’’.
16
(b) EFFECTIVE DATE.—The amendments made by
17
subsection (a) shall apply beginning with respect to fiscal
18
year 2030.
19
SEC. 44108. INCREASING FREQUENCY OF ELIGIBILITY RE-
20
DETERMINATIONS FOR CERTAIN INDIVID-
21
UALS.
22
Section 1902(e)(14) of the Social Security Act (42
23
U.S.C. 1396a(e)(14)) is amended by adding at the end
24
the following new subparagraph:
25
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•HR 1 RH
‘‘(L) FREQUENCY OF ELIGIBILITY REDE-
1
TERMINATIONS
FOR
CERTAIN
INDIVIDUALS.—
2
Beginning on October 1, 2027, in the case of
3
an
individual
enrolled
under
subsection
4
(a)(10)(A)(i)(VIII), a State shall redetermine
5
the eligibility of such individual for medical as-
6
sistance under the State plan of such State (or
7
a waiver of such plan) once every 6 months.’’.
8
SEC. 44109. REVISING HOME EQUITY LIMIT FOR DETER-
9
MINING ELIGIBILITY FOR LONG-TERM CARE
10
SERVICES UNDER THE MEDICAID PROGRAM.
11
(a)
REVISING
HOME
EQUITY
LIMIT.—Section
12
1917(f)(1) of the Social Security Act (42 U.S.C.
13
1396p(f)(1)) is amended—
14
(1) in subparagraph (B)—
15
(A) by striking ‘‘A State’’ and inserting
16
‘‘(i) A State’’;
17
(B) in clause (i), as inserted by subpara-
18
graph (A)—
19
(i) by striking ‘‘ ‘$500,000’ ’’ and in-
20
serting ‘‘the amount specified in subpara-
21
graph (A)’’; and
22
(ii) by inserting ‘‘, in the case of an
23
individual’s home that is located on a lot
24
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311
•HR 1 RH
that is zoned for agricultural use,’’ after
1
‘‘apply subparagraph (A)’’; and
2
(C) by adding at the end the following new
3
clause:
4
‘‘(ii) A State may elect, without regard to the
5
requirements of section 1902(a)(1) (relating to
6
statewideness) and section 1902(a)(10)(B) (relating
7
to comparability), to apply subparagraph (A), in the
8
case of an individual’s home that is not described in
9
clause (i), by substituting for the amount specified
10
in such subparagraph, an amount that exceeds such
11
amount, but does not exceed $1,000,000.’’; and
12
(2) in subparagraph (C)—
13
(A) by inserting ‘‘(other than the amount
14
specified in subparagraph (B)(ii) (relating to
15
certain non-agricultural homes))’’ after ‘‘speci-
16
fied in this paragraph’’; and
17
(B) by adding at the end the following new
18
sentence: ‘‘In the case that application of the
19
preceding sentence would result in a dollar
20
amount (other than the amount specified in
21
subparagraph (B)(i) (relating to certain agricul-
22
tural homes)) exceeding $1,000,000, such
23
amount shall be deemed to be equal to
24
$1,000,000.’’.
25
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•HR 1 RH
(b) CLARIFICATION.—Section 1902 of the Social Se-
1
curity Act (42 U.S.C. 1396a) is amended—
2
(1) in subsection (r)(2), by adding at the end
3
the following new subparagraph:
4
‘‘(C) This paragraph shall not be construed as per-
5
mitting a State to determine the eligibility of an individual
6
for medical assistance with respect to nursing facility serv-
7
ices or other long-term care services without application
8
of the limit under section 1917(f)(1).’’; and
9
(2) in subsection (e)(14)(D)(iv)—
10
(A) by striking ‘‘Subparagraphs’’ and in-
11
serting
12
‘‘(I)
IN
GENERAL.—Subpara-
13
graphs’’; and
14
(B) by adding at the end the following new
15
subclause:
16
‘‘(II) APPLICATION OF HOME EQ-
17
UITY
INTEREST
LIMIT.—Section
18
1917(f) shall apply for purposes of de-
19
termining the eligibility of an indi-
20
vidual for medical assistance with re-
21
spect to nursing facility services or
22
other long-term care services.’’.
23
(c) EFFECTIVE DATE.—The amendments made by
24
subsection (a) shall apply beginning on January 1, 2028.
25
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•HR 1 RH
SEC. 44110. PROHIBITING FEDERAL FINANCIAL PARTICIPA-
1
TION UNDER MEDICAID AND CHIP FOR INDI-
2
VIDUALS WITHOUT VERIFIED CITIZENSHIP,
3
NATIONALITY, OR SATISFACTORY IMMIGRA-
4
TION STATUS.
5
(a) IN GENERAL.—
6
(1) MEDICAID.—Section 1903(i)(22) of the So-
7
cial Security Act (42 U.S.C. 1396b(i)(22)) is amend-
8
ed—
9
(A) by adding ‘‘and’’ at the end;
10
(B) by striking ‘‘to amounts’’ and inserting
11
‘‘to—
12
‘‘(A) amounts’’; and
13
(C) by adding at the end the following new
14
subparagraph:
15
‘‘(B) in the case that the State elects
16
under section 1902(a)(46)(C) to provide for
17
making medical assistance available to an indi-
18
vidual during—
19
‘‘(i) the period in which the individual
20
is provided the reasonable opportunity to
21
present satisfactory documentary evidence
22
of citizenship or nationality under section
23
1902(ee)(2)(C) or subsection (x)(4);
24
‘‘(ii) the 90-day period described in
25
section 1902(ee)(1)(B)(ii)(II); or
26
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•HR 1 RH
‘‘(iii) the period in which the indi-
1
vidual is provided the reasonable oppor-
2
tunity to submit evidence indicating a sat-
3
isfactory immigration status under section
4
1137(d)(4),
5
amounts expended for such medical assistance,
6
unless the citizenship or nationality of such in-
7
dividual or the satisfactory immigration status
8
of such individual (as applicable) is verified by
9
the end of such period;’’.
10
(2) CHIP.—Section 2107(e)(1)(N) of the So-
11
cial Security Act (42 U.S.C. 1397gg(e)(1)(N)) is
12
amended by striking ‘‘and (17)’’ and inserting
13
‘‘(17), and (22)’’.
14
(b) ELIMINATING STATE REQUIREMENT TO PROVIDE
15
MEDICAL ASSISTANCE DURING REASONABLE OPPOR-
16
TUNITY PERIOD.—
17
(1) DOCUMENTARY EVIDENCE OF CITIZENSHIP
18
OR NATIONALITY.—Section 1903(x)(4) of the Social
19
Security Act (42 U.S.C. 1396b(x)) is amended—
20
(A) by striking ‘‘under clauses (i) and (ii)
21
of section 1137(d)(4)(A)’’ and inserting ‘‘under
22
section 1137(d)(4)’’; and
23
(B) by inserting ‘‘, except that the State
24
shall not be required to make medical assist-
25
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•HR 1 RH
ance available to such individual during the pe-
1
riod in which such individual is provided such
2
reasonable opportunity if the State has not
3
elected
the
option
under
section
4
1902(a)(46)(C)’’ before the period at the end.
5
(2) SOCIAL SECURITY DATA MATCH.—Section
6
1902(ee) of the Social Security Act (42 U.S.C.
7
1396a(ee)) is amended—
8
(A) in paragraph (1)(B)(ii)—
9
(i) in subclause (II), by striking ‘‘(and
10
continues to provide the individual with
11
medical assistance during such 90-day pe-
12
riod)’’ and inserting ‘‘and, if the State has
13
elected
the
option
under
subsection
14
(a)(46)(C), continues to provide the indi-
15
vidual with medical assistance during such
16
90-day period’’; and
17
(ii) in subclause (III), by inserting ‘‘,
18
or denies eligibility for medical assistance
19
under this title for such individual, as ap-
20
plicable’’ after ‘‘under this title’’; and
21
(B) in paragraph (2)(C)—
22
(i) by striking ‘‘under clauses (i) and
23
(ii) of section 1137(d)(4)(A)’’ and insert-
24
ing ‘‘under section 1137(d)(4)’’; and
25
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•HR 1 RH
(ii) by inserting ‘‘, except that the
1
State shall not be required to make med-
2
ical assistance available to such individual
3
during the period in which such individual
4
is provided such reasonable opportunity if
5
the State has not elected the option under
6
section 1902(a)(46)(C)’’ before the period
7
at the end.
8
(3) INDIVIDUALS
WITH
SATISFACTORY
IMMI-
9
GRATION STATUS.—Section 1137(d)(4) of the Social
10
Security Act (42 U.S.C. 1320b–7(d)(4)) is amend-
11
ed—
12
(A) in subparagraph (A)(ii), by inserting
13
‘‘(except that such prohibition on delay, denial,
14
reduction, or termination of eligibility for bene-
15
fits under the Medicaid program under title
16
XIX shall apply only if the State has elected
17
the option under section 1902(a)(46)(C))’’ after
18
‘‘has been provided’’; and
19
(B) in subparagraph (B)(ii), by inserting
20
‘‘(except that such prohibition on delay, denial,
21
reduction, or termination of eligibility for bene-
22
fits under the Medicaid program under title
23
XIX shall apply only if the State has elected
24
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•HR 1 RH
the option under section 1902(a)(46)(C))’’ after
1
‘‘status’’.
2
(c) OPTION TO CONTINUE PROVIDING MEDICAL AS-
3
SISTANCE
DURING
REASONABLE
OPPORTUNITY
PE-
4
RIOD.—
5
(1) MEDICAID.—Section 1902(a)(46) of the So-
6
cial Security Act (42 U.S.C. 1396a(a)(46)) is
7
amended—
8
(A) in subparagraph (A), by striking
9
‘‘and’’ at the end;
10
(B) in subparagraph (B)(ii), by adding
11
‘‘and’’ at the end; and
12
(C) by inserting after subparagraph (B)(ii)
13
the following new subparagraph:
14
‘‘(C) provide, at the option of the State, for
15
making medical assistance available—
16
‘‘(i) to an individual described in subpara-
17
graph (B) during the period in which such indi-
18
vidual is provided the reasonable opportunity to
19
present satisfactory documentary evidence of
20
citizenship or nationality under subsection
21
(ee)(2)(C) or section 1903(x)(4), or during the
22
90-day
period
described
in
subsection
23
(ee)(1)(B)(ii)(II); or
24
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‘‘(ii) to an individual who is not a citizen
1
or national of the United States during the pe-
2
riod in which such individual is provided the
3
reasonable opportunity to submit evidence indi-
4
cating a satisfactory immigration status under
5
section 1137(d)(4);’’.
6
(2) CHIP.—Section 2105(c)(9) of the Social
7
Security Act (42 U.S.C. 1397ee(c)(9)) is amended
8
by adding at the end the following new subpara-
9
graph:
10
‘‘(C) OPTION
TO
CONTINUE
PROVIDING
11
CHILD HEALTH ASSISTANCE DURING REASON-
12
ABLE
OPPORTUNITY
PERIOD.—Section
13
1902(a)(46)(C) shall apply to States under this
14
title in the same manner as it applies to a State
15
under title XIX.’’.
16
(d) EFFECTIVE DATE.—The amendments made by
17
this section shall apply beginning October 1, 2026.
18
SEC. 44111. REDUCING EXPANSION FMAP FOR CERTAIN
19
STATES PROVIDING PAYMENTS FOR HEALTH
20
CARE FURNISHED TO CERTAIN INDIVIDUALS.
21
Section 1905 of the Social Security Act (42 U.S.C.
22
1395d) is amended—
23
(1) in subsection (y)—
24
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(A) in paragraph (1)(E), by inserting ‘‘(or,
1
for calendar quarters beginning on or after Oc-
2
tober 1, 2027, in the case such State is a speci-
3
fied State with respect to such calendar quar-
4
ter, 80 percent)’’ after ‘‘thereafter’’; and
5
(B) in paragraph (2), by adding at the end
6
the following new subparagraph:
7
‘‘(C) SPECIFIED STATE.—The term ‘speci-
8
fied State’ means, with respect to a quarter, a
9
State that—
10
‘‘(i) provides any form of financial as-
11
sistance during such quarter, in whole or
12
in part, whether or not made under a
13
State plan (or waiver of such plan) under
14
this title or under another program estab-
15
lished by the State, and regardless of the
16
source of funding for such assistance, to or
17
on behalf of an alien who is not a qualified
18
alien or otherwise lawfully residing in the
19
United States for the purchasing of health
20
insurance coverage (as defined in section
21
2791(b)(1) of the Public Health Service
22
Act) for an alien who is not a qualified
23
alien or otherwise lawfully residing in the
24
United States; or
25
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‘‘(ii) provides any form of comprehen-
1
sive health benefits coverage during such
2
quarter, whether or not under a State plan
3
(or wavier of such plan) under this title or
4
under another program established by the
5
State, and regardless of the source of
6
funding for such coverage, to an alien who
7
is not a qualified alien or otherwise law-
8
fully residing in the United States.
9
‘‘(D) IMMIGRATION TERMS.—
10
‘‘(i) ALIEN.—The term ‘alien’ has the
11
meaning given such term in section 101(a)
12
of the Immigration and Nationality Act.
13
‘‘(ii) QUALIFIED
ALIEN.—The term
14
‘qualified alien’ has the meaning given
15
such term in section 431 of the Personal
16
Responsibility and Work Opportunity Rec-
17
onciliation Act of 1996, except that—
18
‘‘(I) the reference to ‘at the time
19
the alien applies for, receives, or at-
20
tempts to receive a Federal public
21
benefit’ in subsection (b) of such sec-
22
tion shall be treated as a reference to
23
‘at the time the alien is provided com-
24
prehensive health benefits coverage
25
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described in clause (ii) of section
1
1905(y)(C) of the Social Security Act
2
or is provided with financial assist-
3
ance described in clause (i) of such
4
section, as applicable’; and
5
‘‘(II) the references to ‘(in the
6
opinion of the agency providing such
7
benefits)’ in subsection (c) of such
8
section shall be treated as references
9
to ‘(in the opinion of the State in
10
which such comprehensive health ben-
11
efits coverage or such financial assist-
12
ance is provided, as applicable)’.’’; and
13
(2) in subsection (z)(2)—
14
(A) in subparagraph (A), by striking ‘‘for
15
such year’’ and inserting ‘‘for such quarter’’;
16
and
17
(B) in subparagraph (B)(i)—
18
(i) in the matter preceding subclause
19
(I), by striking ‘‘for a year’’ and inserting
20
‘‘for a calendar quarter in a year’’; and
21
(ii) in subclause (II), by striking ‘‘for
22
the year’’ and inserting ‘‘for the quarter
23
for the State’’.
24
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Subpart B—Preventing Wasteful Spending
1
SEC. 44121. MORATORIUM ON IMPLEMENTATION OF RULE
2
RELATING TO STAFFING STANDARDS FOR
3
LONG-TERM CARE FACILITIES UNDER THE
4
MEDICARE AND MEDICAID PROGRAMS.
5
The Secretary of Health and Human Services shall
6
not, during the period beginning on the date of the enact-
7
ment of this section and ending January 1, 2035, imple-
8
ment, administer, or enforce the provisions of the final
9
rule published by the Centers for Medicare & Medicaid
10
Services on May 10, 2024, and titled ‘‘Medicare and Med-
11
icaid Programs; Minimum Staffing Standards for Long-
12
Term Care Facilities and Medicaid Institutional Payment
13
Transparency Reporting’’ (89 Fed. Reg. 40876).
14
SEC. 44122. MODIFYING RETROACTIVE COVERAGE UNDER
15
THE MEDICAID AND CHIP PROGRAMS.
16
(a) IN GENERAL.—Section 1902(a)(34) of the Social
17
Security Act (42 U.S.C. 1396a(a)(34)) is amended—
18
(1) by striking ‘‘him’’ and inserting ‘‘the indi-
19
vidual’’;
20
(2) by striking ‘‘the third month’’ and inserting
21
‘‘the month’’;
22
(3) by striking ‘‘he’’ and inserting ‘‘the indi-
23
vidual’’; and
24
(4) by striking ‘‘his’’ and inserting ‘‘the individ-
25
ual’s’’.
26
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323
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(b) DEFINITION OF MEDICAL ASSISTANCE.—Section
1
1905(a) of the Social Security Act (42 U.S.C. 1396d(a))
2
is amended by striking ‘‘in or after the third month before
3
the month in which the recipient makes application for
4
assistance’’ and inserting ‘‘in or after the month before
5
the month in which the recipient makes application for
6
assistance’’.
7
(c) CHIP.—Section 2102(b)(1)(B) of the Social Se-
8
curity Act (42 U.S.C. 1397bb(b)(1)(B)) is amended—
9
(1) in clause (iv), by striking ‘‘and’’ at the end;
10
(2) in clause (v), by striking the period and in-
11
serting ‘‘; and’’; and
12
(3) by adding at the end the following new
13
clause:
14
‘‘(vi) shall, in the case that the State
15
elects to provide child health or pregnancy-
16
related assistance to an individual for any
17
period prior to the month in which the in-
18
dividual made application for such assist-
19
ance (or application was made on behalf of
20
the individual), provide that such assist-
21
ance is not made available to such indi-
22
vidual for items and services included
23
under the State child health plan (or waiv-
24
er of such plan) that are furnished before
25
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•HR 1 RH
the month preceding the month in which
1
such individual made application (or appli-
2
cation was made on behalf of such indi-
3
vidual) for such assistance.’’.
4
(d) EFFECTIVE DATE.—The amendments made by
5
this section shall apply to medical assistance and child
6
health and pregnancy-related assistance with respect to in-
7
dividuals whose eligibility for such medical assistance or
8
child health assistance is based on an application made
9
on or after October 1, 2026.
10
SEC. 44123. ENSURING ACCURATE PAYMENTS TO PHAR-
11
MACIES UNDER MEDICAID.
12
(a) IN GENERAL.—Section 1927(f) of the Social Se-
13
curity Act (42 U.S.C. 1396r–8(f)) is amended—
14
(1) in paragraph (1)(A)—
15
(A) by redesignating clause (ii) as clause
16
(iii); and
17
(B) by striking ‘‘and’’ after the semicolon
18
at the end of clause (i) and all that precedes it
19
through ‘‘(1)’’ and inserting the following:
20
‘‘(1) DETERMINING PHARMACY ACTUAL ACQUI-
21
SITION COSTS.—The Secretary shall conduct a sur-
22
vey of retail community pharmacy drug prices and
23
applicable non-retail pharmacy drug prices to deter-
24
mine national average drug acquisition cost bench-
25
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marks (as such term is defined by the Secretary) as
1
follows:
2
‘‘(A) USE
OF
VENDOR.—The Secretary
3
may contract services for—
4
‘‘(i) with respect to retail community
5
pharmacies, the determination of retail
6
survey prices of the national average drug
7
acquisition cost for covered outpatient
8
drugs that represent a nationwide average
9
of consumer purchase prices for such
10
drugs, net of all discounts, rebates, and
11
other price concessions (to the extent any
12
information with respect to such discounts,
13
rebates, and other price concessions is
14
available) based on a monthly survey of
15
such pharmacies;
16
‘‘(ii) with respect to applicable non-re-
17
tail pharmacies—
18
‘‘(I) the determination of survey
19
prices, separate from the survey prices
20
described in clause (i), of the non-re-
21
tail national average drug acquisition
22
cost for covered outpatient drugs that
23
represent a nationwide average of con-
24
sumer purchase prices for such drugs,
25
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net of all discounts, rebates, and other
1
price concessions (to the extent any
2
information with respect to such dis-
3
counts, rebates, and other price con-
4
cessions is available) based on a
5
monthly survey of such pharmacies;
6
and
7
‘‘(II) at the discretion of the Sec-
8
retary, for each type of applicable
9
non-retail pharmacy, the determina-
10
tion of survey prices, separate from
11
the survey prices described in clause
12
(i) or subclause (I) of this clause, of
13
the national average drug acquisition
14
cost for such type of pharmacy for
15
covered outpatient drugs that rep-
16
resent a nationwide average of con-
17
sumer purchase prices for such drugs,
18
net of all discounts, rebates, and other
19
price concessions (to the extent any
20
information with respect to such dis-
21
counts, rebates, and other price con-
22
cessions is available) based on a
23
monthly survey of such pharmacies;
24
and’’;
25
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(2) in subparagraph (B) of paragraph (1), by
1
striking ‘‘subparagraph (A)(ii)’’ and inserting ‘‘sub-
2
paragraph (A)(iii)’’;
3
(3) in subparagraph (D) of paragraph (1), by
4
striking clauses (ii) and (iii) and inserting the fol-
5
lowing:
6
‘‘(ii) The vendor must update the Sec-
7
retary no less often than monthly on the
8
survey prices for covered outpatient drugs.
9
‘‘(iii) The vendor must differentiate,
10
in collecting and reporting survey data, for
11
all cost information collected, whether a
12
pharmacy is a retail community pharmacy
13
or an applicable non-retail pharmacy, in-
14
cluding whether such pharmacy is an affil-
15
iate (as defined in subsection (k)(14)),
16
and, in the case of an applicable non-retail
17
pharmacy, which type of applicable non-re-
18
tail pharmacy it is using the relevant phar-
19
macy type indicators included in the guid-
20
ance required by subsection (d)(2) of sec-
21
tion 44123 of the Act titled ‘An Act to
22
provide for reconciliation pursuant to title
23
II of H. Con. Res. 14’.’’;
24
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(4) by adding at the end of paragraph (1) the
1
following:
2
‘‘(F) SURVEY
REPORTING.—In order to
3
meet the requirement of section 1902(a)(54), a
4
State shall require that any retail community
5
pharmacy or applicable non-retail pharmacy in
6
the State that receives any payment, reimburse-
7
ment, administrative fee, discount, rebate, or
8
other price concession related to the dispensing
9
of covered outpatient drugs to individuals re-
10
ceiving benefits under this title, regardless of
11
whether such payment, reimbursement, admin-
12
istrative fee, discount, rebate, or other price
13
concession is received from the State or a man-
14
aged care entity or other specified entity (as
15
such
terms
are
defined
in
section
16
1903(m)(9)(D)) directly or from a pharmacy
17
benefit manager or another entity that has a
18
contract with the State or a managed care enti-
19
ty or other specified entity (as so defined), shall
20
respond to surveys conducted under this para-
21
graph.
22
‘‘(G) SURVEY INFORMATION.—Information
23
on national drug acquisition prices obtained
24
under this paragraph shall be made publicly
25
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available in a form and manner to be deter-
1
mined by the Secretary and shall include at
2
least the following:
3
‘‘(i) The monthly response rate to the
4
survey including a list of pharmacies not in
5
compliance with subparagraph (F).
6
‘‘(ii) The sampling methodology and
7
number of pharmacies sampled monthly.
8
‘‘(iii) Information on price concessions
9
to pharmacies, including discounts, re-
10
bates, and other price concessions, to the
11
extent that such information may be pub-
12
licly released and has been collected by the
13
Secretary as part of the survey.
14
‘‘(H) PENALTIES.—
15
‘‘(i) IN GENERAL.—Subject to clauses
16
(ii), (iii), and (iv), the Secretary shall en-
17
force the provisions of this paragraph with
18
respect to a pharmacy through the estab-
19
lishment of civil money penalties applicable
20
to a retail community pharmacy or an ap-
21
plicable non-retail pharmacy.
22
‘‘(ii) BASIS
FOR
PENALTIES.—The
23
Secretary shall impose a civil money pen-
24
alty established under this subparagraph
25
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on a retail community pharmacy or appli-
1
cable non-retail pharmacy if—
2
‘‘(I) the retail pharmacy or appli-
3
cable non-retail pharmacy refuses or
4
otherwise fails to respond to a request
5
for information about prices in con-
6
nection with a survey under this sub-
7
section;
8
‘‘(II) knowingly provides false in-
9
formation in response to such a sur-
10
vey; or
11
‘‘(III) otherwise fails to comply
12
with the requirements established
13
under this paragraph.
14
‘‘(iii)
PARAMETERS
FOR
PEN-
15
ALTIES.—
16
‘‘(I) IN GENERAL.—A civil money
17
penalty established under this sub-
18
paragraph may be assessed with re-
19
spect to each violation, and with re-
20
spect to each non-compliant retail
21
community pharmacy (including a
22
pharmacy that is part of a chain) or
23
non-compliant
applicable
non-retail
24
pharmacy (including a pharmacy that
25
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is part of a chain), in an amount not
1
to exceed $100,000 for each such vio-
2
lation.
3
‘‘(II) CONSIDERATIONS.—In de-
4
termining the amount of a civil money
5
penalty imposed under this subpara-
6
graph, the Secretary may consider the
7
size, business structure, and type of
8
pharmacy involved, as well as the type
9
of violation and other relevant factors,
10
as determined appropriate by the Sec-
11
retary.
12
‘‘(iv) RULE
OF
APPLICATION.—The
13
provisions of section 1128A (other than
14
subsections (a) and (b)) shall apply to a
15
civil money penalty under this subpara-
16
graph in the same manner as such provi-
17
sions apply to a civil money penalty or pro-
18
ceeding under section 1128A(a).
19
‘‘(I) LIMITATION ON USE OF APPLICABLE
20
NON-RETAIL
PHARMACY
PRICING
INFORMA-
21
TION.—No State shall use pricing information
22
reported by applicable non-retail pharmacies
23
under subparagraph (A)(ii) to develop or inform
24
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•HR 1 RH
payment methodologies for retail community
1
pharmacies.’’;
2
(5) in paragraph (2)—
3
(A) in subparagraph (A), by inserting ‘‘,
4
including payment rates and methodologies for
5
determining
ingredient
cost
reimbursement
6
under managed care entities or other specified
7
entities (as such terms are defined in section
8
1903(m)(9)(D)),’’ after ‘‘under this title’’; and
9
(B) in subparagraph (B), by inserting
10
‘‘and the basis for such dispensing fees’’ before
11
the semicolon;
12
(6) by redesignating paragraph (4) as para-
13
graph (5);
14
(7) by inserting after paragraph (3) the fol-
15
lowing new paragraph:
16
‘‘(4) OVERSIGHT.—
17
‘‘(A) IN GENERAL.—The Inspector General
18
of the Department of Health and Human Serv-
19
ices shall conduct periodic studies of the survey
20
data reported under this subsection, as appro-
21
priate, including with respect to substantial
22
variations in acquisition costs or other applica-
23
ble costs, as well as with respect to how internal
24
transfer prices and related party transactions
25
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may influence the costs reported by pharmacies
1
that are affiliates (as defined in subsection
2
(k)(13)) or are owned by, controlled by, or re-
3
lated under a common ownership structure with
4
a wholesaler, distributor, or other entity that
5
acquires covered outpatient drugs relative to
6
costs reported by pharmacies not affiliated with
7
such entities. The Inspector General shall pro-
8
vide periodic updates to Congress on the results
9
of such studies, as appropriate, in a manner
10
that does not disclose trade secrets or other
11
proprietary information.
12
‘‘(B) APPROPRIATION.—There is appro-
13
priated to the Inspector General of the Depart-
14
ment of Health and Human Services, out of
15
any money in the Treasury not otherwise ap-
16
propriated, $5,000,000 for fiscal year 2026, to
17
remain available until expended, to carry out
18
this paragraph.’’; and
19
(8) in paragraph (5), as so redesignated—
20
(A) by inserting ‘‘, and $8,000,000 for
21
each of fiscal years 2026 through 2033,’’ after
22
‘‘2010’’; and
23
(B) by inserting ‘‘Funds appropriated
24
under this paragraph for each of fiscal years
25
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2026 through 2033 shall remain available until
1
expended.’’ after the period.
2
(b) DEFINITIONS.—Section 1927(k) of the Social Se-
3
curity Act (42 U.S.C. 1396r–8(k)) is amended—
4
(1) in the matter preceding paragraph (1), by
5
striking ‘‘In the section’’ and inserting ‘‘In this sec-
6
tion’’; and
7
(2) by adding at the end the following new
8
paragraphs:
9
‘‘(12) APPLICABLE NON-RETAIL PHARMACY.—
10
The term ‘applicable non-retail pharmacy’ means a
11
pharmacy that is licensed as a pharmacy by the
12
State and that is not a retail community pharmacy,
13
including a pharmacy that dispenses prescription
14
medications to patients primarily through mail and
15
specialty pharmacies. Such term does not include
16
nursing home pharmacies, long-term care facility
17
pharmacies, hospital pharmacies, clinics, charitable
18
or not-for-profit pharmacies, government phar-
19
macies, or low dispensing pharmacies (as defined by
20
the Secretary).
21
‘‘(13) AFFILIATE.—The term ‘affiliate’ means
22
any entity that is owned by, controlled by, or related
23
under a common ownership structure with a phar-
24
macy benefit manager or a managed care entity or
25
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other specified entity (as such terms are defined in
1
section 1903(m)(9)(D)).’’.
2
(c) EFFECTIVE DATE.—
3
(1) IN GENERAL.—Subject to paragraph (2),
4
the amendments made by this section shall apply be-
5
ginning on the first day of the first quarter that be-
6
gins on or after the date that is 6 months after the
7
date of enactment of this section.
8
(2) DELAYED
APPLICATION
TO
APPLICABLE
9
NON-RETAIL
PHARMACIES.—The pharmacy survey
10
requirements established by the amendments to sec-
11
tion 1927(f) of the Social Security Act (42 U.S.C.
12
1396r–8(f)) made by this section shall apply to re-
13
tail community pharmacies beginning on the effec-
14
tive date described in paragraph (1), but shall not
15
apply to applicable non-retail pharmacies until the
16
first day of the first quarter that begins on or after
17
the date that is 18 months after the date of enact-
18
ment of this section.
19
(d) IDENTIFICATION OF APPLICABLE NON-RETAIL
20
PHARMACIES.—
21
(1) IN GENERAL.—Not later than January 1,
22
2027, the Secretary of Health and Human Services
23
shall, in consultation with stakeholders as appro-
24
priate, publish guidance specifying pharmacies that
25
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meet the definition of applicable non-retail phar-
1
macies (as such term is defined in subsection
2
(k)(12) of section 1927 of the Social Security Act
3
(42 U.S.C. 1396r–8), as added by subsection (b)),
4
and that will be subject to the survey requirements
5
under subsection (f)(1) of such section, as amended
6
by subsection (a).
7
(2) INCLUSION
OF
PHARMACY
TYPE
INDICA-
8
TORS.—The guidance published under paragraph (1)
9
shall include pharmacy type indicators to distinguish
10
between different types of applicable non-retail phar-
11
macies, such as pharmacies that dispense prescrip-
12
tions primarily through the mail and pharmacies
13
that dispense prescriptions that require special han-
14
dling or distribution. An applicable non-retail phar-
15
macy may be identified through multiple pharmacy
16
type indicators.
17
(e) IMPLEMENTATION.—
18
(1) IN GENERAL.—Notwithstanding any other
19
provision of law, the Secretary of Health and
20
Human Services may implement the amendments
21
made by this section by program instruction or oth-
22
erwise.
23
(2) NONAPPLICATION OF ADMINISTRATIVE PRO-
24
CEDURE ACT.—Implementation of the amendments
25
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•HR 1 RH
made by this section shall be exempt from the re-
1
quirements of section 553 of title 5, United States
2
Code.
3
(f) NONAPPLICATION OF PAPERWORK REDUCTION
4
ACT.—Chapter 35 of title 44, United States Code, shall
5
not apply to any data collection undertaken by the Sec-
6
retary of Health and Human Services under section
7
1927(f) of the Social Security Act (42 U.S.C. 1396r–8(f)),
8
as amended by this section.
9
SEC. 44124. PREVENTING THE USE OF ABUSIVE SPREAD
10
PRICING IN MEDICAID.
11
(a) IN GENERAL.—Section 1927 of the Social Secu-
12
rity Act (42 U.S.C. 1396r–8) is amended—
13
(1) in subsection (e), by adding at the end the
14
following new paragraph:
15
‘‘(6) TRANSPARENT PRESCRIPTION DRUG PASS-
16
THROUGH PRICING REQUIRED.—
17
‘‘(A) IN
GENERAL.—A contract between
18
the State and a pharmacy benefit manager (re-
19
ferred to in this paragraph as a ‘PBM’), or a
20
contract between the State and a managed care
21
entity or other specified entity (as such terms
22
are defined in section 1903(m)(9)(D) and col-
23
lectively referred to in this paragraph as the
24
‘entity’) that includes provisions making the en-
25
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•HR 1 RH
tity responsible for coverage of covered out-
1
patient drugs dispensed to individuals enrolled
2
with the entity, shall require that payment for
3
such drugs and related administrative services
4
(as applicable), including payments made by a
5
PBM on behalf of the State or entity, is based
6
on a transparent prescription drug pass-
7
through pricing model under which—
8
‘‘(i) any payment made by the entity
9
or the PBM (as applicable) for such a
10
drug—
11
‘‘(I) is limited to—
12
‘‘(aa) ingredient cost; and
13
‘‘(bb) a professional dis-
14
pensing fee that is not less than
15
the professional dispensing fee
16
that the State would pay if the
17
State were making the payment
18
directly in accordance with the
19
State plan;
20
‘‘(II) is passed through in its en-
21
tirety (except as reduced under Fed-
22
eral or State laws and regulations in
23
response to instances of waste, fraud,
24
or abuse) by the entity or PBM to the
25
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pharmacy or provider that dispenses
1
the drug; and
2
‘‘(III) is made in a manner that
3
is consistent with sections 447.502,
4
447.512, 447.514, and 447.518 of
5
title 42, Code of Federal Regulations
6
(or any successor regulation) as if
7
such requirements applied directly to
8
the entity or the PBM, except that
9
any payment by the entity or the
10
PBM for the ingredient cost of such
11
drug purchased by a covered entity
12
(as defined in subsection (a)(5)(B))
13
may exceed the actual acquisition cost
14
(as defined in 447.502 of title 42,
15
Code of Federal Regulations, or any
16
successor regulation) for such drug
17
if—
18
‘‘(aa) such drug was subject
19
to an agreement under section
20
340B of the Public Health Serv-
21
ice Act;
22
‘‘(bb) such payment for the
23
ingredient cost of such drug does
24
not exceed the maximum pay-
25
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ment that would have been made
1
by the entity or the PBM for the
2
ingredient cost of such drug if
3
such drug had not been pur-
4
chased by such covered entity;
5
and
6
‘‘(cc) such covered entity re-
7
ports to the Secretary (in a form
8
and manner specified by the Sec-
9
retary), on an annual basis and
10
with respect to payments for the
11
ingredient costs of such drugs so
12
purchased by such covered entity
13
that are in excess of the actual
14
acquisition costs for such drugs,
15
the aggregate amount of such ex-
16
cess;
17
‘‘(ii) payment to the entity or the
18
PBM (as applicable) for administrative
19
services performed by the entity or PBM is
20
limited to an administrative fee that re-
21
flects the fair market value (as defined by
22
the Secretary) of such services;
23
‘‘(iii) the entity or the PBM (as appli-
24
cable) makes available to the State, and
25
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the Secretary upon request in a form and
1
manner specified by the Secretary, all costs
2
and payments related to covered outpatient
3
drugs and accompanying administrative
4
services (as described in clause (ii)) in-
5
curred, received, or made by the entity or
6
the PBM, broken down (as specified by the
7
Secretary), to the extent such costs and
8
payments are attributable to an individual
9
covered outpatient drug, by each such
10
drug, including any ingredient costs, pro-
11
fessional dispensing fees, administrative
12
fees (as described in clause (ii)), post-sale
13
and post-invoice fees, discounts, or related
14
adjustments such as direct and indirect re-
15
muneration fees, and any and all other re-
16
muneration, as defined by the Secretary;
17
and
18
‘‘(iv) any form of spread pricing
19
whereby any amount charged or claimed by
20
the entity or the PBM (as applicable) that
21
exceeds the amount paid to the pharmacies
22
or providers on behalf of the State or enti-
23
ty, including any post-sale or post-invoice
24
fees, discounts, or related adjustments
25
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such as direct and indirect remuneration
1
fees or assessments, as defined by the Sec-
2
retary, (after allowing for an administra-
3
tive fee as described in clause (ii)) is not
4
allowable for purposes of claiming Federal
5
matching payments under this title.
6
‘‘(B) PUBLICATION
OF
INFORMATION.—
7
The Secretary shall publish, not less frequently
8
than on an annual basis and in a manner that
9
does not disclose the identity of a particular
10
covered entity or organization, information re-
11
ceived by the Secretary pursuant to subpara-
12
graph (A)(iii)(III) that is broken out by State
13
and by each of the following categories of cov-
14
ered entity within each such State:
15
‘‘(i) Covered entities described in sub-
16
paragraph (A) of section 340B(a)(4) of the
17
Public Health Service Act.
18
‘‘(ii) Covered entities described in sub-
19
paragraphs (B) through (K) of such sec-
20
tion.
21
‘‘(iii) Covered entities described in
22
subparagraph (L) of such section.
23
‘‘(iv) Covered entities described in
24
subparagraph (M) of such section.
25
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‘‘(v) Covered entities described in sub-
1
paragraph (N) of such section.
2
‘‘(vi) Covered entities described in
3
subparagraph (O) of such section.’’; and
4
(2) in subsection (k), as previously amended by
5
this subtitle, by adding at the end the following new
6
paragraph:
7
‘‘(14) PHARMACY
BENEFIT
MANAGER.—The
8
term ‘pharmacy benefit manager’ means any person
9
or entity that, either directly or through an inter-
10
mediary, acts as a price negotiator or group pur-
11
chaser on behalf of a State, managed care entity (as
12
defined in section 1903(m)(9)(D)), or other specified
13
entity (as so defined), or manages the prescription
14
drug benefits provided by a State, managed care en-
15
tity, or other specified entity, including the proc-
16
essing and payment of claims for prescription drugs,
17
the performance of drug utilization review, the proc-
18
essing of drug prior authorization requests, the man-
19
aging of appeals or grievances related to the pre-
20
scription drug benefits, contracting with pharmacies,
21
controlling the cost of covered outpatient drugs, or
22
the provision of services related thereto. Such term
23
includes any person or entity that acts as a price ne-
24
gotiator (with regard to payment amounts to phar-
25
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macies and providers for a covered outpatient drug
1
or the net cost of the drug) or group purchaser on
2
behalf of a State, managed care entity, or other
3
specified entity or that carries out 1 or more of the
4
other activities described in the preceding sentence,
5
irrespective of whether such person or entity calls
6
itself a pharmacy benefit manager.’’.
7
(b) CONFORMING AMENDMENTS.—Section 1903(m)
8
of such Act (42 U.S.C. 1396b(m)) is amended—
9
(1) in paragraph (2)(A)(xiii)—
10
(A) by striking ‘‘and (III)’’ and inserting
11
‘‘(III)’’;
12
(B) by inserting before the period at the
13
end the following: ‘‘, and (IV) if the contract in-
14
cludes provisions making the entity responsible
15
for coverage of covered outpatient drugs, the
16
entity shall comply with the requirements of
17
section 1927(e)(6)’’; and
18
(C) by moving the left margin 2 ems to the
19
left; and
20
(2) by adding at the end the following new
21
paragraph:
22
‘‘(10) No payment shall be made under this
23
title to a State with respect to expenditures incurred
24
by the State for payment for services provided by an
25
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345
•HR 1 RH
other specified entity (as defined in paragraph
1
(9)(D)(iii)) unless such services are provided in ac-
2
cordance with a contract between the State and such
3
entity which satisfies the requirements of paragraph
4
(2)(A)(xiii).’’.
5
(c) EFFECTIVE DATE.—The amendments made by
6
this section shall apply to contracts between States and
7
managed care entities, other specified entities, or phar-
8
macy benefit managers that have an effective date begin-
9
ning on or after the date that is 18 months after the date
10
of enactment of this section.
11
(d) IMPLEMENTATION.—
12
(1) IN GENERAL.—Notwithstanding any other
13
provision of law, the Secretary of Health and
14
Human Services may implement the amendments
15
made by this section by program instruction or oth-
16
erwise.
17
(2) NONAPPLICATION OF ADMINISTRATIVE PRO-
18
CEDURE ACT.—Implementation of the amendments
19
made by this section shall be exempt from the re-
20
quirements of section 553 of title 5, United States
21
Code.
22
(e) NONAPPLICATION OF PAPERWORK REDUCTION
23
ACT.—Chapter 35 of title 44, United States Code, shall
24
not apply to any data collection undertaken by the Sec-
25
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•HR 1 RH
retary of Health and Human Services under section
1
1927(e) of the Social Security Act (42 U.S.C. 1396r–
2
8(e)), as amended by this section.
3
SEC. 44125. PROHIBITING FEDERAL MEDICAID AND CHIP
4
FUNDING FOR GENDER TRANSITION PROCE-
5
DURES FOR MINORS.
6
(a) MEDICAID.—Section 1903(i) of the Social Secu-
7
rity Act (42 U.S.C. 1396b(i)) is amended—
8
(1) in paragraph (26), by striking ‘‘; or’’ and
9
inserting a semicolon;
10
(2) in paragraph (27), by striking the period at
11
the end and inserting ‘‘; or’’;
12
(3) by inserting after paragraph (27) the fol-
13
lowing new paragraph:
14
‘‘(28) with respect to any amount expended for
15
specified gender transition procedures (as defined in
16
section 1905(kk)) furnished to an individual under
17
18 years of age enrolled in a State plan (or waiver
18
of such plan).’’; and
19
(4) in the flush left matter at the end, by strik-
20
ing ‘‘and (18),’’ and inserting ‘‘(18), and (28)’’.
21
(b) CHIP.—Section 2107(e)(1)(N) of the Social Se-
22
curity Act (42 U.S.C. 1397gg(e)(1)(N)) is amended by
23
striking ‘‘and (17)’’ and inserting ‘‘(17), and (28)’’.
24
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•HR 1 RH
(c) SPECIFIED GENDER TRANSITION PROCEDURES
1
DEFINED.—Section 1905 of the Social Security Act (42
2
U.S.C. 1396d) is amended by adding at the end the fol-
3
lowing new subsection:
4
‘‘(kk) SPECIFIED
GENDER
TRANSITION
PROCE-
5
DURES.—
6
‘‘(1) IN
GENERAL.—For purposes of section
7
1903(i)(28), except as provided in paragraph (2),
8
the term ‘specified gender transition procedure’
9
means, with respect to an individual, any of the fol-
10
lowing when performed for the purpose of inten-
11
tionally changing the body of such individual (in-
12
cluding by disrupting the body’s development, inhib-
13
iting its natural functions, or modifying its appear-
14
ance) to no longer correspond to the individual’s sex:
15
‘‘(A) Performing any surgery, including—
16
‘‘(i) castration;
17
‘‘(ii) sterilization;
18
‘‘(iii) orchiectomy;
19
‘‘(iv) scrotoplasty;
20
‘‘(v) vasectomy;
21
‘‘(vi) tubal ligation;
22
‘‘(vii) hysterectomy;
23
‘‘(viii) oophorectomy;
24
‘‘(ix) ovariectomy;
25
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‘‘(x) metoidioplasty;
1
‘‘(xi) clitoroplasty;
2
‘‘(xii) reconstruction of the fixed part
3
of
the
urethra
with
or
without
a
4
metoidioplasty or a phalloplasty;
5
‘‘(xiii) penectomy;
6
‘‘(xiv) phalloplasty;
7
‘‘(xv) vaginoplasty;
8
‘‘(xvi) vaginectomy;
9
‘‘(xvii) vulvoplasty;
10
‘‘(xviii) reduction thyrochondroplasty;
11
‘‘(xix) chondrolaryngoplasty;
12
‘‘(xx) mastectomy; and
13
‘‘(xxi) any plastic, cosmetic, or aes-
14
thetic
surgery
that
feminizes
or
15
masculinizes the facial or other body fea-
16
tures of an individual.
17
‘‘(B) Any placement of chest implants to
18
create feminine breasts or any placement of
19
erection or testicular prostheses.
20
‘‘(C) Any placement of fat or artificial im-
21
plants in the gluteal region.
22
‘‘(D) Administering, prescribing, or dis-
23
pensing to an individual medications, includ-
24
ing—
25
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•HR 1 RH
‘‘(i) gonadotropin-releasing hormone
1
(GnRH) analogues or other puberty-block-
2
ing drugs to stop or delay normal puberty;
3
and
4
‘‘(ii) testosterone, estrogen, or other
5
androgens to an individual at doses that
6
are supraphysiologic than would normally
7
be produced endogenously in a healthy in-
8
dividual of the same age and sex.
9
‘‘(2) EXCEPTION.—Paragraph (1) shall not
10
apply to the following when furnished to an indi-
11
vidual by a health care provider with the consent of
12
such individual’s parent or legal guardian:
13
‘‘(A) Puberty suppression or blocking pre-
14
scription drugs for the purpose of normalizing
15
puberty for an individual experiencing pre-
16
cocious puberty.
17
‘‘(B) Medically necessary procedures or
18
treatments to correct for—
19
‘‘(i) a medically verifiable disorder of
20
sex development, including—
21
‘‘(I) 46,XX chromosomes with
22
virilization;
23
‘‘(II) 46,XY chromosomes with
24
undervirilization; and
25
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‘‘(III) both ovarian and testicular
1
tissue;
2
‘‘(ii) sex chromosome structure, sex
3
steroid hormone production, or sex hor-
4
mone action, if determined to be abnormal
5
by a physician through genetic or bio-
6
chemical testing;
7
‘‘(iii) infection, disease, injury, or dis-
8
order caused or exacerbated by a previous
9
procedure described in paragraph (1), or a
10
physical disorder, physical injury, or phys-
11
ical illness that would, as certified by a
12
physician, place the individual in imminent
13
danger of death or impairment of a major
14
bodily function unless the procedure is per-
15
formed, not including procedures per-
16
formed for the alleviation of mental dis-
17
tress; or
18
‘‘(iv) procedures to restore or recon-
19
struct the body of the individual in order
20
to correspond to the individual’s sex after
21
one or more previous procedures described
22
in paragraph (1), which may include the
23
removal of a pseudo phallus or breast aug-
24
mentation.
25
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•HR 1 RH
‘‘(3) SEX.—For purposes of paragraph (1), the
1
term ‘sex’ means either male or female, as bio-
2
logically determined and defined in paragraphs (4)
3
and (5), respectively.
4
‘‘(4) FEMALE.—For purposes of paragraph (3),
5
the term ‘female’ means an individual who naturally
6
has, had, will have, or would have, but for a develop-
7
mental or genetic anomaly or historical accident, the
8
reproductive system that at some point produces,
9
transports, and utilizes eggs for fertilization.
10
‘‘(5) MALE.—For purposes of paragraph (3),
11
the term ‘male’ means an individual who naturally
12
has, had, will have, or would have, but for a develop-
13
mental or genetic anomaly or historical accident, the
14
reproductive system that at some point produces,
15
transports, and utilizes sperm for fertilization.’’.
16
SEC. 44126. FEDERAL PAYMENTS TO PROHIBITED ENTI-
17
TIES.
18
(a) IN GENERAL.—No Federal funds that are consid-
19
ered direct spending and provided to carry out a State
20
plan under title XIX of the Social Security Act or a waiver
21
of such a plan shall be used to make payments to a prohib-
22
ited entity for items and services furnished during the 10-
23
year period beginning on the date of the enactment of this
24
Act, including any payments made directly to the prohib-
25
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352
•HR 1 RH
ited entity or under a contract or other arrangement be-
1
tween a State and a covered organization.
2
(b) DEFINITIONS.—In this section:
3
(1) PROHIBITED ENTITY.—The term ‘‘prohib-
4
ited entity’’ means an entity, including its affiliates,
5
subsidiaries, successors, and clinics—
6
(A) that, as of the date of enactment of
7
this Act—
8
(i) is an organization described in sec-
9
tion 501(c)(3) of the Internal Revenue
10
Code of 1986 and exempt from tax under
11
section 501(a) of such Code;
12
(ii) is an essential community provider
13
described in section 156.235 of title 45,
14
Code of Federal Regulations (as in effect
15
on the date of enactment of this Act), that
16
is primarily engaged in family planning
17
services, reproductive health, and related
18
medical care; and
19
(iii) provides for abortions, other than
20
an abortion—
21
(I) if the pregnancy is the result
22
of an act of rape or incest; or
23
(II) in the case where a woman
24
suffers from a physical disorder, phys-
25
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ical injury, or physical illness, includ-
1
ing a life-endangering physical condi-
2
tion caused by or arising from the
3
pregnancy itself, that would, as cer-
4
tified by a physician, place the woman
5
in danger of death unless an abortion
6
is performed; and
7
(B) for which the total amount of Federal
8
and State expenditures under the Medicaid pro-
9
gram under title XIX of the Social Security Act
10
in fiscal year 2024 made directly, or by a cov-
11
ered organization, to the entity or to any affili-
12
ates, subsidiaries, successors, or clinics of the
13
entity, or made to the entity or to any affiliates,
14
subsidiaries, successors, or clinics of the entity
15
as part of a nationwide health care provider
16
network, exceeded $1,000,000.
17
(2) DIRECT
SPENDING.—The term ‘‘direct
18
spending’’ has the meaning given that term under
19
section 250(c) of the Balanced Budget and Emer-
20
gency Deficit Control Act of 1985 (2 U.S.C. 900(c)).
21
(3) COVERED ORGANIZATION.—The term ‘‘cov-
22
ered organization’’ means a managed care entity (as
23
defined in section 1932(a)(1)(B) of the Social Secu-
24
rity Act (42 U.S.C. 1396u–2(a)(1)(B))) or a prepaid
25
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inpatient health plan or prepaid ambulatory health
1
plan (as such terms are defined in section
2
1903(m)(9)(D)
of
such
Act
(42
U.S.C.
3
1396b(m)(9)(D))).
4
(4) STATE.—The term ‘‘State’’ has the mean-
5
ing given such term in section 1101 of the Social Se-
6
curity Act (42 U.S.C. 1301).
7
Subpart C—Stopping Abusive Financing Practices
8
SEC. 44131. SUNSETTING ELIGIBILITY FOR INCREASED
9
FMAP FOR NEW EXPANSION STATES.
10
Section 1905(ii)(3) of the Social Security Act (42
11
U.S.C. 1396d(ii)(3)) is amended—
12
(1) by striking ‘‘which has not’’ and inserting
13
the following: ‘‘which—
14
‘‘(A) has not’’;
15
(2) in subparagraph (A), as so inserted, by
16
striking the period at the end and inserting ‘‘; and’’;
17
and
18
(3) by adding at the end the following new sub-
19
paragraph:
20
‘‘(B) begins to expend amounts for all such
21
individuals prior to January 1, 2026.’’.
22
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SEC. 44132. MORATORIUM ON NEW OR INCREASED PRO-
1
VIDER TAXES.
2
Section 1903(w)(1)(A)(iii) of the Social Security Act
3
(42 U.S.C. 1396b(w)(1)(A)(iii)) is amended—
4
(1) by striking ‘‘or’’ at the end;
5
(2) by striking ‘‘if there’’ and inserting ‘‘if—
6
‘‘(I) there’’; and
7
(3) by adding at the end the following new sub-
8
clauses:
9
‘‘(II) the tax is first imposed by the State
10
(or by a unit of local government in the State)
11
on or after the date of the enactment of this
12
subclause (other than such a tax for which the
13
legislation or regulations providing for the im-
14
position of such tax were enacted or adopted
15
prior to such date of enactment); or
16
‘‘(III) on or after the date of the enact-
17
ment of this subclause, the State (or unit of
18
local government) increases the amount or rate
19
of tax imposed with respect to a class of health
20
care items or services (or with respect to a type
21
of provider or activity within such a class), or
22
increases the base of the tax such that the tax
23
is imposed with respect to a class of items or
24
services (or with respect to a type of provider
25
or activity within such a class) to which the tax
26
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did not previously apply, but only to the extent
1
that such revenues are attributable to such in-
2
crease and only if such increase was not pro-
3
vided for in legislation or regulations enacted or
4
adopted prior to such date of enactment; or’’.
5
SEC. 44133. REVISING THE PAYMENT LIMIT FOR CERTAIN
6
STATE DIRECTED PAYMENTS.
7
(a) IN GENERAL.—Subject to subsection (b), the Sec-
8
retary of Health and Human Services shall revise section
9
438.6(c)(2)(iii) of title 42, Code of Federal Regulations
10
(or a successor regulation) such that, with respect to a
11
payment described in such section made for a service fur-
12
nished during a rating period beginning on or after the
13
date of the enactment of this Act, the total payment rate
14
for such service is limited to 100 percent of the specified
15
total published Medicare payment rate.
16
(b) GRANDFATHERING CERTAIN PAYMENTS.—In the
17
case of a payment described in section 438.6(c)(2)(iii) of
18
title 42, Code of Federal Regulations (or a successor regu-
19
lation) for which written prior approval was made before
20
the date of the enactment of this Act for the rating period
21
occurring as of such date of enactment, or a payment so
22
described for such rating period for which a preprint was
23
submitted to the Secretary of Health and Human Services
24
prior to such date of enactment, the revisions described
25
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in subsection (a) shall not apply to such payment for such
1
rating period and for any subsequent rating period if the
2
amount of such payment does not exceed the amount of
3
such payment so approved.
4
(c) DEFINITIONS.—In this section:
5
(1) RATING
PERIOD.—The term ‘‘rating pe-
6
riod’’ has the meaning given such term in section
7
438.2 of title 42, Code of Federal Regulations (or a
8
successor regulation).
9
(2) TOTAL
PUBLISHED
MEDICARE
PAYMENT
10
RATE.—The term ‘‘total published Medicare pay-
11
ment rate’’ means amounts calculated as payment
12
for specific services that have been developed under
13
part A or part B of title XVIII of the Social Secu-
14
rity Act (42 U.S.C. 1395 et seq.).
15
(3) WRITTEN
PRIOR
APPROVAL.—The term
16
‘‘written prior approval’’ has the meaning given such
17
term in section 438.6(c)(2)(i) of title 42, Code of
18
Federal Regulations (or a successor regulation).
19
(d) FUNDING.—There are appropriated out of any
20
monies in the Treasury not otherwise appropriated
21
$7,000,000 for each of fiscal years 2026 through 2033
22
for purposes of carrying out this section.
23
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SEC. 44134. REQUIREMENTS REGARDING WAIVER OF UNI-
1
FORM TAX REQUIREMENT FOR MEDICAID
2
PROVIDER TAX.
3
(a) IN GENERAL.—Section 1903(w) of the Social Se-
4
curity Act (42 U.S.C. 1396b(w)) is amended—
5
(1) in paragraph (3)(E), by inserting after
6
clause (ii)(II) the following new clause:
7
‘‘(iii) For purposes of clause (ii)(I), a tax is not con-
8
sidered to be generally redistributive if any of the following
9
conditions apply:
10
‘‘(I) Within a permissible class, the tax rate im-
11
posed on any taxpayer or tax rate group (as defined
12
in paragraph (7)(J)) explicitly defined by its rel-
13
atively lower volume or percentage of Medicaid tax-
14
able units (as defined in paragraph (7)(H)) is lower
15
than the tax rate imposed on any other taxpayer or
16
tax rate group explicitly defined by its relatively
17
higher volume or percentage of Medicaid taxable
18
units.
19
‘‘(II) Within a permissible class, the tax rate
20
imposed on any taxpayer or tax rate group (as so
21
defined) based upon its Medicaid taxable units (as
22
so defined) is higher than the tax rate imposed on
23
any taxpayer or tax rate group based upon its non-
24
Medicaid taxable unit (as defined in paragraph
25
(7)(I)).
26
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‘‘(III) The tax excludes or imposes a lower tax
1
rate on a taxpayer or tax rate group (as so defined)
2
based on or defined by any description that results
3
in the same effect as described in subclause (I) or
4
(II) for a taxpayer or tax rate group. Characteristics
5
that may indicate such type of exclusion include the
6
use of terminology to establish a tax rate group—
7
‘‘(aa) based on payments or expenditures
8
made under the program under this title with-
9
out mentioning the term ‘Medicaid’ (or any
10
similar term) to accomplish the same effect as
11
described in subclause (I) or (II); or
12
‘‘(bb) that closely approximates a taxpayer
13
or tax rate group under the program under this
14
title, to the same effect as described in sub-
15
clause (I) or (II).’’; and
16
(2) in paragraph (7), by adding at the end the
17
following new subparagraphs:
18
‘‘(H) The term ‘Medicaid taxable unit’ means a
19
unit that is being taxed within a health care related
20
tax that is applicable to the program under this title.
21
Such term includes a unit that is used as the basis
22
for—
23
‘‘(i) payment under the program under this
24
title (such as Medicaid bed days);
25
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‘‘(ii) Medicaid revenue;
1
‘‘(iii) costs associated with the program
2
under this title (such as Medicaid charges,
3
claims, or expenditures); and
4
‘‘(iv) other units associated with the pro-
5
gram under this title, as determined by the Sec-
6
retary.
7
‘‘(I) The term ‘non-Medicaid taxable unit’
8
means a unit that is being taxed within a health
9
care related tax that is not applicable to the pro-
10
gram under this title. Such term includes a unit that
11
is used as the basis for—
12
‘‘(i) payment by non-Medicaid payers (such
13
as non-Medicaid bed days);
14
‘‘(ii) non-Medicaid revenue;
15
‘‘(iii) costs that are not associated with the
16
program under this title (such as non-Medicaid
17
charges, non-Medicaid claims, or non-Medicaid
18
expenditures); and
19
‘‘(iv) other units not associated with the
20
program under this title, as determined by the
21
Secretary.
22
‘‘(J) The term ‘tax rate group’ means a group
23
of entities contained within a permissible class of a
24
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health care related tax that are taxed at the same
1
rate.’’.
2
(b) EFFECTIVE DATE.—The amendments made by
3
this section shall take effect upon the date of enactment
4
of this Act, subject to any applicable transition period de-
5
termined appropriate by the Secretary of Health and
6
Human Services, not to exceed 3 fiscal years.
7
SEC. 44135. REQUIRING BUDGET NEUTRALITY FOR MED-
8
ICAID DEMONSTRATION PROJECTS UNDER
9
SECTION 1115.
10
Section 1115 of the Social Security Act (42 U.S.C.
11
1315) is amended by adding at the end the following new
12
subsection:
13
‘‘(g) REQUIREMENT OF BUDGET NEUTRALITY FOR
14
MEDICAID DEMONSTRATION PROJECTS.—
15
‘‘(1) IN GENERAL.—Beginning on the date of
16
the enactment of this subsection, the Secretary may
17
not approve an application for (or renewal or
18
amendment of) an experimental, pilot, or demonstra-
19
tion project undertaken under subsection (a) to pro-
20
mote the objectives of title XIX in a State (in this
21
subsection referred to as a ‘Medicaid demonstration
22
project’) unless the Secretary certifies that such
23
project is not expected to result in an increase in the
24
amount of Federal expenditures compared to the
25
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amount that such expenditures would otherwise be
1
in the absence of such project.
2
‘‘(2) TREATMENT OF SAVINGS.—In the event
3
that Federal expenditures with respect to a State
4
under a Medicaid demonstration project are, during
5
an approval period for such project, less than the
6
amount of such expenditures that would have other-
7
wise been made in the absence of such project, the
8
Secretary shall specify the methodology to be used
9
with respect to any subsequent approval period for
10
such project for purposes of taking the difference be-
11
tween such expenditures into account.’’.
12
Subpart D—Increasing Personal Accountability
13
SEC. 44141. REQUIREMENT FOR STATES TO ESTABLISH
14
MEDICAID COMMUNITY ENGAGEMENT RE-
15
QUIREMENTS FOR CERTAIN INDIVIDUALS.
16
(a) IN GENERAL.—Section 1902 of the Social Secu-
17
rity Act (42 U.S.C. 1396a), as amended by sections 44103
18
and 44104, is further amended by adding at the end the
19
following new subsection:
20
‘‘(xx) COMMUNITY ENGAGEMENT REQUIREMENT FOR
21
APPLICABLE INDIVIDUALS.—
22
‘‘(1) IN
GENERAL.—Beginning January 1,
23
2029, subject to the succeeding provisions of this
24
subsection, a State shall provide, as a condition of
25
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eligibility for medical assistance for an applicable in-
1
dividual, that such individual is required to dem-
2
onstrate community engagement under paragraph
3
(2)—
4
‘‘(A) in the case of an applicable individual
5
who has filed an application for medical assist-
6
ance under a State plan (or a waiver of such
7
plan) under this title, for 1 or more (as speci-
8
fied by the State) consecutive months imme-
9
diately preceding the month during which such
10
individual applies for such medical assistance;
11
and
12
‘‘(B) in the case of an applicable individual
13
enrolled and receiving medical assistance under
14
a State plan (or under a waiver of such plan)
15
under this title, for 1 or more (as specified by
16
the State) months, whether or not consecu-
17
tive—
18
‘‘(i) during the period between such
19
individual’s most recent determination (or
20
redetermination, as applicable) of eligibility
21
and such individual’s next regularly sched-
22
uled redetermination of eligibility (as
23
verified by the State as part of such regu-
24
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larly scheduled redetermination of eligi-
1
bility); or
2
‘‘(ii) in the case of a State that has
3
elected under paragraph (4) to conduct
4
more frequent verifications of compliance
5
with the requirement to demonstrate com-
6
munity engagement, during the period be-
7
tween the most recent and next such
8
verification with respect to such individual.
9
‘‘(2) COMMUNITY
ENGAGEMENT
COMPLIANCE
10
DESCRIBED.—Subject to paragraph (3), an applica-
11
ble individual demonstrates community engagement
12
under this paragraph for a month if such individual
13
meets 1 or more of the following conditions with re-
14
spect to such month, as determined in accordance
15
with criteria established by the Secretary through
16
regulation:
17
‘‘(A) The individual works not less than 80
18
hours.
19
‘‘(B) The individual completes not less
20
than 80 hours of community service.
21
‘‘(C) The individual participates in a work
22
program for not less than 80 hours.
23
‘‘(D) The individual is enrolled in an edu-
24
cational program at least half-time.
25
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‘‘(E) The individual engages in any com-
1
bination of the activities described in subpara-
2
graphs (A) through (D), for a total of not less
3
than 80 hours.
4
‘‘(F) The individual has a monthly income
5
that is not less than the applicable minimum
6
wage requirement under section 6 of the Fair
7
Labor Standards Act of 1938, multiplied by 80
8
hours.
9
‘‘(3) EXCEPTIONS.—
10
‘‘(A) MANDATORY
EXCEPTION
FOR
CER-
11
TAIN INDIVIDUALS.—The State shall deem an
12
applicable individual to have demonstrated com-
13
munity engagement under paragraph (2) for a
14
month if—
15
‘‘(i) for part or all of such month, the
16
individual—
17
‘‘(I) was a specified excluded in-
18
dividual (as defined in paragraph
19
(9)(A)(ii)); or
20
‘‘(II) was—
21
‘‘(aa) under the age of 19;
22
‘‘(bb) pregnant or entitled to
23
postpartum medical assistance
24
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under paragraph (5) or (16) of
1
subsection (e);
2
‘‘(cc) entitled to, or enrolled
3
for, benefits under part A of title
4
XVIII, or enrolled for benefits
5
under part B of title XVIII; or
6
‘‘(dd) described in any of
7
subclauses (I) through (VII) of
8
subsection (a)(10)(A)(i); or
9
‘‘(ii) at any point during the 3-month
10
period ending on the first day of such
11
month, the individual was an inmate of a
12
public institution.
13
‘‘(B) OPTIONAL EXCEPTION FOR SHORT-
14
TERM HARDSHIP EVENTS.—
15
‘‘(i) IN GENERAL.—The State plan (or
16
waiver of such plan) may provide, in the
17
case of an applicable individual who experi-
18
ences a short-term hardship event during a
19
month, that the State shall, upon the re-
20
quest of such individual under procedures
21
established by the State (in accordance
22
with standards specified by the Secretary),
23
deem such individual to have demonstrated
24
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community engagement under paragraph
1
(2) for such month.
2
‘‘(ii) SHORT-TERM HARDSHIP EVENT
3
DEFINED.—For purposes of this subpara-
4
graph, an applicable individual experiences
5
a short-term hardship event during a
6
month if, for part or all of such month—
7
‘‘(I) such individual receives in-
8
patient hospital services, nursing facil-
9
ity services, services in an inter-
10
mediate care facility for individuals
11
with intellectual disabilities, inpatient
12
psychiatric hospital services, or such
13
other services as the Secretary deter-
14
mines appropriate;
15
‘‘(II) such individual resides in a
16
county (or equivalent unit of local
17
government)—
18
‘‘(aa) in which there exists
19
an emergency or disaster de-
20
clared by the President pursuant
21
to the National Emergencies Act
22
or the Robert T. Stafford Dis-
23
aster Relief and Emergency As-
24
sistance Act; or
25
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‘‘(bb) that, subject to a re-
1
quest from the State to the Sec-
2
retary, made in such form, at
3
such time, and containing such
4
information as the Secretary may
5
require, has an unemployment
6
rate that is at or above the lesser
7
of—
8
‘‘(AA) 8 percent; or
9
‘‘(BB) 1.5 times the
10
national unemployment rate;
11
or
12
‘‘(III) such individual experiences
13
any other short-term hardship (as de-
14
fined by the Secretary).
15
‘‘(4) OPTION
TO
CONDUCT
MORE
FREQUENT
16
COMPLIANCE
VERIFICATIONS.—With respect to an
17
applicable individual enrolled and receiving medical
18
assistance under a State plan (or a waiver of such
19
plan) under this title, the State shall verify (in ac-
20
cordance with procedures specified by the Secretary)
21
that each such individual has met the requirement
22
to demonstrate community engagement under para-
23
graph (1) during each such individual’s regularly
24
scheduled redetermination of eligibility, except that a
25
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State may provide for such verifications more fre-
1
quently.
2
‘‘(5) EX PARTE VERIFICATIONS.—For purposes
3
of verifying that an applicable individual has met the
4
requirement to demonstrate community engagement
5
under paragraph (1), the State shall, in accordance
6
with standards established by the Secretary, estab-
7
lish processes and use reliable information available
8
to the State (such as payroll data) without requir-
9
ing, where possible, the applicable individual to sub-
10
mit additional information.
11
‘‘(6) PROCEDURE IN THE CASE OF NONCOMPLI-
12
ANCE.—
13
‘‘(A) IN GENERAL.—If a State is unable to
14
verify that an applicable individual has met the
15
requirement to demonstrate community engage-
16
ment under paragraph (1) (including, if appli-
17
cable, by verifying that such individual was
18
deemed to have demonstrated community en-
19
gagement under paragraph (3)) the State shall
20
(in accordance with standards specified by the
21
Secretary)—
22
‘‘(i) provide such individual with the
23
notice of noncompliance described in sub-
24
paragraph (B);
25
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‘‘(ii) (I) provide such individual with a
1
period of 30 calendar days, beginning on
2
the date on which such notice of non-
3
compliance is received by the individual,
4
to—
5
‘‘(aa) make a satisfactory show-
6
ing to the State of compliance with
7
such requirement (including, if appli-
8
cable, by showing that such individual
9
was deemed to have demonstrated
10
community engagement under para-
11
graph (3)); or
12
‘‘(bb) make a satisfactory show-
13
ing to the State that such require-
14
ment does not apply to such indi-
15
vidual on the basis that such indi-
16
vidual does not meet the definition of
17
applicable individual under paragraph
18
(9)(A); and
19
‘‘(II) if such individual is enrolled
20
under the State plan (or a waiver of such
21
plan) under this title, continue to provide
22
such individual with medical assistance
23
during such 30-calendar-day period; and
24
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371
•HR 1 RH
‘‘(iii) if no such satisfactory showing
1
is made and the individual is not a speci-
2
fied excluded individual described in para-
3
graph (9)(A)(ii), deny such individual’s ap-
4
plication for medical assistance under the
5
State plan (or waiver of such plan) or, as
6
applicable, disenroll such individual from
7
the plan (or waiver of such plan) not later
8
than the end of the month following the
9
month in which such 30-calendar-day pe-
10
riod ends, provided that—
11
‘‘(I) the State first determines
12
whether, with respect to the indi-
13
vidual, there is any other basis for eli-
14
gibility for medical assistance under
15
the State plan (or waiver of such
16
plan) or for another insurance afford-
17
ability program; and
18
‘‘(II) the individual is provided
19
written notice and granted an oppor-
20
tunity for a fair hearing in accordance
21
with subsection (a)(3).
22
‘‘(B) NOTICE.—The notice of noncompli-
23
ance provided to an applicable individual under
24
subparagraph (A)(i) shall include information
25
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372
•HR 1 RH
(in accordance with standards specified by the
1
Secretary) on—
2
‘‘(i) how such individual may make a
3
satisfactory showing of compliance with
4
such requirement (as described in subpara-
5
graph (A)(ii)) or make a satisfactory show-
6
ing that such requirement does not apply
7
to such individual on the basis that such
8
individual does not meet the definition of
9
applicable
individual
under
paragraph
10
(9)(A); and
11
‘‘(ii) how such individual may reapply
12
for medical assistance under the State plan
13
(or a waiver of such plan) under this title
14
in the case that such individuals’ applica-
15
tion is denied or, as applicable, in the case
16
that such individual is disenrolled from the
17
plan (or waiver).
18
‘‘(7) TREATMENT OF NONCOMPLIANT INDIVID-
19
UALS
IN
RELATION
TO
CERTAIN
OTHER
PROVI-
20
SIONS.—
21
‘‘(A) CERTAIN FMAP INCREASES.—A State
22
shall not be treated as not providing medical as-
23
sistance to all individuals described in section
24
1902(a)(10)(A)(i)(VIII), or as not expending
25
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373
•HR 1 RH
amounts for all such individuals under the
1
State plan (or waiver of such plan), solely be-
2
cause such an individual is determined ineligible
3
for medical assistance under the State plan (or
4
waiver) on the basis of a failure to meet the re-
5
quirement to demonstrate community engage-
6
ment under paragraph (1).
7
‘‘(B) OTHER
PROVISIONS.—For purposes
8
of section 36B(c)(2)(B) of the Internal Revenue
9
Code of 1986, an individual shall be deemed to
10
be eligible for minimum essential coverage de-
11
scribed in section 5000A(f)(1)(A)(ii) of such
12
Code for a month if such individual would have
13
been eligible for medical assistance under a
14
State plan (or a waiver of such plan) under this
15
title but for a failure to meet the requirement
16
to demonstrate community engagement under
17
paragraph (1).
18
‘‘(8) OUTREACH.—
19
‘‘(A) IN
GENERAL.—In accordance with
20
standards specified by the Secretary, beginning
21
not later than October 1, 2028 (or, if earlier,
22
the date that precedes January 1, 2029, by the
23
number of months specified by the State under
24
paragraph (1)(A) plus 3 months), and periodi-
25
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374
•HR 1 RH
cally thereafter, the State shall notify applicable
1
individuals enrolled under a State plan (or
2
waiver) under this title of the requirement to
3
demonstrate community engagement under this
4
subsection. Such notice shall include informa-
5
tion on—
6
‘‘(i) how to comply with such require-
7
ment, including an explanation of the ex-
8
ceptions to such requirement under para-
9
graph (3) and the definition of the term
10
‘applicable individual’ under paragraph
11
(9)(A);
12
‘‘(ii) the consequences of noncompli-
13
ance with such requirement; and
14
‘‘(iii) how to report to the State any
15
change in the individual’s status that could
16
result in—
17
‘‘(I) the applicability of an excep-
18
tion under paragraph (3) (or the end
19
of the applicability of such an excep-
20
tion); or
21
‘‘(II) the individual qualifying as
22
a specified excluded individual under
23
paragraph (9)(A)(ii).
24
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•HR 1 RH
‘‘(B) FORM OF OUTREACH NOTICE.—A no-
1
tice required under subparagraph (A) shall be
2
delivered—
3
‘‘(i) by regular mail (or, if elected by
4
the individual, in an electronic format);
5
and
6
‘‘(ii) in 1 or more additional forms,
7
which may include telephone, text message,
8
an internet website, other commonly avail-
9
able electronic means, and such other
10
forms as the Secretary determines appro-
11
priate.
12
‘‘(9) DEFINITIONS.—In this subsection:
13
‘‘(A) APPLICABLE INDIVIDUAL.—
14
‘‘(i) IN GENERAL.—The term ‘applica-
15
ble individual’ means an individual (other
16
than a specified excluded individual (as de-
17
fined in clause (ii)))—
18
‘‘(I) who is eligible to enroll (or
19
is enrolled) under the State plan
20
under subsection (a)(10)(A)(i)(VIII);
21
or
22
‘‘(II) who—
23
‘‘(aa) is otherwise eligible to
24
enroll (or is enrolled) under a
25
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376
•HR 1 RH
waiver of such plan that provides
1
coverage that is equivalent to
2
minimum essential coverage (as
3
described
in
section
4
5000A(f)(1)(A) of the Internal
5
Revenue Code of 1986 and as de-
6
termined
in
accordance
with
7
standards prescribed by the Sec-
8
retary in regulations); and
9
‘‘(bb) has attained the age
10
of 19 and is under 65 years of
11
age, is not pregnant, is not enti-
12
tled to, or enrolled for, benefits
13
under part A of title XVIII, or
14
enrolled for benefits under part
15
B of title XVIII, and is not oth-
16
erwise eligible to enroll under
17
such plan.
18
‘‘(ii) SPECIFIED
EXCLUDED
INDI-
19
VIDUAL.—For purposes of clause (i), the
20
term ‘specified excluded individual’ means
21
an individual, as determined by the State
22
(in accordance with standards specified by
23
the Secretary)—
24
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377
•HR 1 RH
‘‘(I) who is described in sub-
1
section (a)(10)(A)(i)(IX);
2
‘‘(II) who—
3
‘‘(aa) is an Indian or an
4
Urban Indian (as such terms are
5
defined in paragraphs (13) and
6
(28) of section 4 of the Indian
7
Health Care Improvement Act);
8
‘‘(bb) is a California Indian
9
described in section 809(a) of
10
such Act; or
11
‘‘(cc) has otherwise been de-
12
termined eligible as an Indian for
13
the Indian Health Service under
14
regulations promulgated by the
15
Secretary;
16
‘‘(III) who is the parent, guard-
17
ian, or caretaker relative of a disabled
18
individual or a dependent child;
19
‘‘(IV) who is a veteran with a
20
disability rated as total under section
21
1155 of title 38, United States Code;
22
‘‘(V) who is medically frail or
23
otherwise has special medical needs
24
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378
•HR 1 RH
(as defined by the Secretary), includ-
1
ing an individual—
2
‘‘(aa) who is blind or dis-
3
abled (as defined in section
4
1614);
5
‘‘(bb) with a substance use
6
disorder;
7
‘‘(cc) with a disabling men-
8
tal disorder;
9
‘‘(dd) with a physical, intel-
10
lectual
or
developmental
dis-
11
ability that significantly impairs
12
their ability to perform 1 or more
13
activities of daily living;
14
‘‘(ee) with a serious and
15
complex medical condition; or
16
‘‘(ff) subject to the approval
17
of the Secretary, with any other
18
medical condition identified by
19
the State that is not otherwise
20
identified under this clause;
21
‘‘(VI) who—
22
‘‘(aa) is in compliance with
23
any requirements imposed by the
24
State pursuant to section 407; or
25
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379
•HR 1 RH
‘‘(bb) is a member of a
1
household that receives supple-
2
mental nutrition assistance pro-
3
gram benefits under the Food
4
and Nutrition Act of 2008 and is
5
not exempt from a work require-
6
ment under such Act;
7
‘‘(VII) who is participating in a
8
drug addiction or alcoholic treatment
9
and rehabilitation program (as defined
10
in section 3(h) of the Food and Nutri-
11
tion Act of 2008);
12
‘‘(VIII) who is an inmate of a
13
public institution; or
14
‘‘(IX) who meets such other cri-
15
teria as the Secretary determines ap-
16
propriate.
17
‘‘(B) EDUCATIONAL PROGRAM.—The term
18
‘educational program’ means—
19
‘‘(i) an institution of higher education
20
(as defined in section 101 of the Higher
21
Education Act of 1965);
22
‘‘(ii) a program of career and tech-
23
nical education (as defined in section 3 of
24
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380
•HR 1 RH
the Carl D. Perkins Career and Technical
1
Education Act of 2006); or
2
‘‘(iii) any other educational program
3
that meets such criteria as the Secretary
4
determines appropriate.
5
‘‘(C) STATE.—The term ‘State’ means 1 of
6
the 50 States or the District of Columbia.
7
‘‘(D) WORK
PROGRAM.—The term ‘work
8
program’ has the meaning given such term in
9
section 6(o)(1) of the Food and Nutrition Act
10
of 2008.
11
‘‘(10) PROHIBITING
WAIVER
OF
COMMUNITY
12
ENGAGEMENT
REQUIREMENTS.—Notwithstanding
13
section 1115(a), the provisions of this subsection
14
may not be waived.’’.
15
(b)
CONFORMING
AMENDMENT.—Section
16
1902(a)(10)(A)(i)(VIII) of the Social Security Act (42
17
U.S.C. 1396a(a)(10)(A)(i)(VIII)) is amended by striking
18
‘‘subject to subsection (k)’’ and inserting ‘‘subject to sub-
19
sections (k) and (xx)’’.
20
(c) RULEMAKING.—Not later than July 1, 2027, the
21
Secretary of Health and Human Services shall promulgate
22
regulations for purposes of carrying out the amendments
23
made by this section.
24
(d) GRANTS TO STATES.—
25
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381
•HR 1 RH
(1) IN GENERAL.—The Secretary of Health and
1
Human Services shall, out of amounts appropriated
2
under paragraph (3), award to each State a grant
3
equal to the amount specified in paragraph (2) for
4
such State for purposes of establishing systems nec-
5
essary to carry out the provisions of, and amend-
6
ments made by, this section.
7
(2) AMOUNT
SPECIFIED.—For purposes of
8
paragraph (2), the amount specified in this para-
9
graph is an amount that bears the same ratio to the
10
amount appropriated under paragraph (3) as the
11
number of applicable individuals (as defined in sec-
12
tion 1902(xx) of the Social Security Act, as added
13
by subsection (a)) residing in such State bears to
14
the total number of such individuals residing in all
15
States.
16
(3) FUNDING.—There are appropriated, out of
17
any monies in the Treasury not otherwise appro-
18
priated, $100,000,000 for fiscal year 2026 for pur-
19
poses of awarding grants under paragraph (1).
20
(4) DEFINITION.—In this subsection, the term
21
‘‘State’’ means 1 of the 50 States and the District
22
of Columbia.
23
(e) IMPLEMENTATION FUNDING.—For the purposes
24
of carrying out the provisions of, and the amendments
25
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382
•HR 1 RH
made by, this section, there are appropriated, out of any
1
monies in the Treasury not otherwise appropriated, to the
2
Secretary of Health and Human Services, $50,000,000 for
3
fiscal year 2026, to remain available until expended.
4
SEC. 44142. MODIFYING COST SHARING REQUIREMENTS
5
FOR
CERTAIN
EXPANSION
INDIVIDUALS
6
UNDER THE MEDICAID PROGRAM.
7
(a) IN GENERAL.—Section 1916 of the Social Secu-
8
rity Act (42 U.S.C. 1396o) is amended—
9
(1) in subsection (a), in the matter preceding
10
paragraph (1), by inserting ‘‘(other than, beginning
11
October 1, 2028, specified individuals (as defined in
12
subsection (k)(3)))’’ after ‘‘individuals’’; and
13
(2) by adding at the end the following new sub-
14
section:
15
‘‘(k) SPECIAL RULES FOR CERTAIN EXPANSION IN-
16
DIVIDUALS.—
17
‘‘(1) PREMIUMS.—Beginning October 1, 2028,
18
the State plan shall provide that in the case of a
19
specified individual (as defined in paragraph (3))
20
who is eligible under the plan, no enrollment fee,
21
premium, or similar charge will be imposed under
22
the plan.
23
‘‘(2) REQUIRED
IMPOSITION
OF
COST
SHAR-
24
ING.—
25
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383
•HR 1 RH
‘‘(A) IN
GENERAL.—Subject to subpara-
1
graph (B) and subsection (j), in the case of a
2
specified individual, the State plan shall, begin-
3
ning October 1, 2028, provide for the imposi-
4
tion of such deductions, cost sharing, or similar
5
charges determined appropriate by the State (in
6
an amount greater than $0) with respect to
7
medical assistance furnished to such an indi-
8
vidual.
9
‘‘(B) LIMITATIONS.—
10
‘‘(i) EXCLUSION
OF
CERTAIN
SERV-
11
ICES.—In no case may a deduction, cost
12
sharing, or similar charge be imposed
13
under the State plan with respect to serv-
14
ices described in any of subparagraphs (B)
15
through (J) of subsection (a)(2) furnished
16
to a specified individual.
17
‘‘(ii) ITEM
AND
SERVICE
LIMITA-
18
TION.—
19
‘‘(I) IN
GENERAL.—Except as
20
provided in subclause (II), in no case
21
may a deduction, cost sharing, or
22
similar charge imposed under the
23
State plan with respect to an item or
24
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384
•HR 1 RH
service furnished to a specified indi-
1
vidual exceed $35.
2
‘‘(II) SPECIAL RULES FOR PRE-
3
SCRIPTION DRUGS.—In no case may a
4
deduction, cost sharing, or similar
5
charge imposed under the State plan
6
with respect to a prescription drug
7
furnished to a specified individual ex-
8
ceed the limit that would be applicable
9
under paragraph (2)(A)(i) or (2)(B)
10
of section 1916A(c) with respect to
11
such drug and individual if such drug
12
so furnished were subject to cost shar-
13
ing under such section.
14
‘‘(iii) MAXIMUM LIMIT ON COST SHAR-
15
ING.—The total aggregate amount of de-
16
ductions, cost sharing, or similar charges
17
imposed under the State plan for all indi-
18
viduals in the family may not exceed 5 per-
19
cent of the family income of the family in-
20
volved, as applied on a quarterly or month-
21
ly basis (as specified by the State).
22
‘‘(C) CASES OF NONPAYMENT.—Notwith-
23
standing subsection (e) or any other provision
24
of law, a State may permit a provider partici-
25
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385
•HR 1 RH
pating under the State plan to require, as a
1
condition for the provision of care, items, or
2
services to a specified individual entitled to
3
medical assistance under this title for such
4
care, items, or services, the payment of any de-
5
ductions, cost sharing, or similar charges au-
6
thorized to be imposed with respect to such
7
care, items, or services. Nothing in this sub-
8
paragraph shall be construed as preventing a
9
provider from reducing or waiving the applica-
10
tion of such deductions, cost sharing, or similar
11
charges on a case-by-case basis.
12
‘‘(3) SPECIFIED
INDIVIDUAL
DEFINED.—For
13
purposes of this subsection, the term ‘specified indi-
14
vidual’ means an individual enrolled under section
15
1902(a)(10)(A)(i)(VIII) who has a family income (as
16
determined in accordance with section 1902(e)(14))
17
that exceeds the poverty line (as defined in section
18
2110(c)(5)) applicable to a family of the size in-
19
volved.’’.
20
(b) CONFORMING AMENDMENTS.—
21
(1)
REQUIRED
APPLICATION.—Section
22
1902(a)(14) of the Social Security Act (42 U.S.C.
23
1396a(a)(14)) is amended by inserting ‘‘and provide
24
for imposition of such deductions, cost sharing, or
25
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386
•HR 1 RH
similar charges for medical assistance furnished to
1
specified individuals (as defined in paragraph (3) of
2
section 1916(k)) in accordance with paragraph (2)
3
of such section’’ after ‘‘section 1916’’.
4
(2) NONAPPLICABILITY OF ALTERNATIVE COST
5
SHARING.—Section 1916A(a)(1) of the Social Secu-
6
rity Act (42 U.S.C. 1396o–1(a)(1)) is amended, in
7
the second sentence, by striking ‘‘or (j)’’ and insert-
8
ing ‘‘(j), or (k)’’.
9
PART 2—AFFORDABLE CARE ACT
10
SEC. 44201. ADDRESSING WASTE, FRAUD, AND ABUSE IN
11
THE ACA EXCHANGES.
12
(a) CHANGES TO ENROLLMENT PERIODS FOR EN-
13
ROLLING IN EXCHANGES.—Section 1311 of the Patient
14
Protection and Affordable Care Act (42 U.S.C. 18031) is
15
amended—
16
(1) in subsection (c)(6)—
17
(A) by striking subparagraph (A);
18
(B) by striking ‘‘The Secretary’’ and in-
19
serting the following:
20
‘‘(A) IN GENERAL.—The Secretary’’;
21
(C) by redesignating subparagraphs (B)
22
through (D) as clauses (i) through (iii), respec-
23
tively, and adjusting the margins accordingly;
24
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387
•HR 1 RH
(D) in clause (i), as so redesignated, by
1
striking ‘‘periods, as determined by the Sec-
2
retary for calendar years after the initial enroll-
3
ment period;’’ and inserting the following: ‘‘pe-
4
riods for plans offered in the individual mar-
5
ket—
6
‘‘(I) for enrollment for plan years
7
beginning before January 1, 2026, as
8
determined by the Secretary; and
9
‘‘(II) for enrollment for plan
10
years beginning on or after January
11
1, 2026, beginning on November 1
12
and ending on December 15 of the
13
preceding calendar year;’’;
14
(E) in clause (ii), as so redesignated, by
15
inserting ‘‘subject to subparagraph (B),’’ before
16
‘‘special enrollment periods specified’’; and
17
(F) by adding at the end the following new
18
subparagraph:
19
‘‘(B) PROHIBITED SPECIAL ENROLLMENT
20
PERIOD.—With respect to plan years beginning
21
on or after January 1, 2026, the Secretary may
22
not require an Exchange to provide for a spe-
23
cial enrollment period for an individual on the
24
basis of the relationship of the income of such
25
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388
•HR 1 RH
individual to the poverty line, other than a spe-
1
cial enrollment period based on a change in cir-
2
cumstances or the occurrence of a specific
3
event.’’; and
4
(2) in subsection (d), by adding at the end the
5
following new paragraphs:
6
‘‘(8) PROHIBITED ENROLLMENT PERIODS.—An
7
Exchange may not provide for, with respect to en-
8
rollment for plan years beginning on or after Janu-
9
ary 1, 2026—
10
‘‘(A) an annual open enrollment period
11
other than the period described in subpara-
12
graph (A)(i) of subsection (c)(6); or
13
‘‘(B) a special enrollment period described
14
in subparagraph (B) of such subsection.
15
‘‘(9) VERIFICATION OF ELIGIBILITY FOR SPE-
16
CIAL ENROLLMENT PERIODS.—
17
‘‘(A) IN GENERAL.—With respect to enroll-
18
ment for plan years beginning on or after Janu-
19
ary 1, 2026, an Exchange shall verify that each
20
individual seeking to enroll in a qualified health
21
plan offered by the Exchange during a special
22
enrollment period selected under subparagraph
23
(B) is eligible to enroll during such special en-
24
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389
•HR 1 RH
rollment period prior to enrolling such indi-
1
vidual in such plan.
2
‘‘(B) SELECTED
SPECIAL
ENROLLMENT
3
PERIODS.—For purposes of subparagraph (A),
4
an Exchange shall select one or more special
5
enrollment periods for a plan year with respect
6
to which such Exchange shall conduct the
7
verification required under subparagraph (A)
8
such
that
the
Exchange
conducts
such
9
verification for not less than 75 percent of all
10
individuals enrolling in a qualified health plan
11
offered by the Exchange during any special en-
12
rollment period with respect to such plan
13
year.’’.
14
(b) VERIFYING INCOME FOR INDIVIDUALS ENROLL-
15
ING IN A QUALIFIED HEALTH PLAN THROUGH AN EX-
16
CHANGE.—
17
(1) IN
GENERAL.—Section 1411(e)(4) of the
18
Patient Protection and Affordable Care Act (42
19
U.S.C. 18081(e)(4)) is amended—
20
(A) by redesignating subparagraph (C) as
21
subparagraph (E); and
22
(B) by inserting after subparagraph (B)
23
the following new subparagraphs:
24
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•HR 1 RH
‘‘(C) REQUIRING
VERIFICATION
OF
IN-
1
COME AND FAMILY SIZE WHEN TAX DATA IS
2
UNAVAILABLE.—For plan years beginning on or
3
after January 1, 2026, for purposes of subpara-
4
graph (A), in the case that the Exchange re-
5
quests data from the Secretary of the Treasury
6
regarding an individual’s household income and
7
the Secretary of the Treasury does not return
8
such data, such information may not be verified
9
solely on the basis of the attestation of such in-
10
dividual with respect to such household income,
11
and the Exchange shall take the actions de-
12
scribed in subparagraph (A).
13
‘‘(D) REQUIRING
VERIFICATION
OF
IN-
14
COME IN THE CASE OF CERTAIN INCOME DIS-
15
CREPANCIES.—
16
‘‘(i) IN GENERAL.—Subject to clause
17
(iii), for plan years beginning on or after
18
January 1, 2026, for purposes of subpara-
19
graph (A), in the case that a specified in-
20
come discrepancy described in clause (ii) of
21
this subparagraph exists with respect to
22
the information provided by an applicant
23
under subsection (b)(3), the household in-
24
come of such individual shall be treated as
25
VerDate Sep 11 2014
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391
•HR 1 RH
inconsistent
with
information
in
the
1
records maintained by persons under sub-
2
section (c), or as not verified under sub-
3
section (d), and the Exchange shall take
4
the actions described in such subparagraph
5
(A).
6
‘‘(ii) SPECIFIED
INCOME
DISCREP-
7
ANCY.—For purposes of clause (i), a speci-
8
fied income discrepancy exists with respect
9
to the information provided by an appli-
10
cant under subsection (b)(3) if—
11
‘‘(I) the applicant attests to a
12
projected annual household income
13
that would qualify such applicant to
14
be an applicable taxpayer under sec-
15
tion 36B(c)(1)(A) of the Internal Rev-
16
enue Code of 1986 with respect to the
17
taxable year involved;
18
‘‘(II) the Exchange receives data
19
from the Secretary of the Treasury or
20
the Commissioner of Social Security,
21
or other reliable, third party data,
22
that indicates that the household in-
23
come of such applicant is less than
24
the household income that would qual-
25
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392
•HR 1 RH
ify such applicant to be an applicable
1
taxpayer
under
such
section
2
36B(c)(1)(A) with respect to the tax-
3
able year involved;
4
‘‘(III) such attested projected an-
5
nual household income exceeds the in-
6
come reflected in the data described in
7
subclause (II) by a reasonable thresh-
8
old established by the Exchange and
9
approved by the Secretary (which
10
shall be not less than 10 percent, and
11
may also be a dollar amount); and
12
‘‘(IV) the Exchange has not as-
13
sessed or determined based on the
14
data described in subclause (II) that
15
the household income of the applicant
16
meets the applicable income-based eli-
17
gibility standard for the Medicaid pro-
18
gram under title XIX of the Social
19
Security Act or the State children’s
20
health insurance program under title
21
XXI of such Act.
22
‘‘(iii) EXCLUSION OF CERTAIN INDI-
23
VIDUALS
INELIGIBLE
FOR
MEDICAID.—
24
This subparagraph shall not apply in the
25
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393
•HR 1 RH
case of an applicant who is an alien law-
1
fully present in the United States, who is
2
not eligible for the Medicaid program
3
under title XIX of the Social Security Act
4
by reason of such alien status.’’.
5
(2) REQUIRING
INDIVIDUALS
ON
WHOSE
BE-
6
HALF ADVANCE PAYMENTS OF THE PREMIUM TAX
7
CREDITS ARE MADE TO FILE AND RECONCILE ON AN
8
ANNUAL
BASIS.—Section 1412(b) of the Patient
9
Protection and Affordable Care Act (42 U.S.C.
10
18082(b)) is amended by adding at the end the fol-
11
lowing new paragraph:
12
‘‘(3) ANNUAL REQUIREMENT TO FILE AND REC-
13
ONCILE.—
14
‘‘(A) IN GENERAL.—For plan years begin-
15
ning on or after January 1, 2026, in the case
16
of an individual with respect to whom any ad-
17
vance payment of the premium tax credit allow-
18
able under section 36B of the Internal Revenue
19
Code of 1986 was made under this section to
20
the issuer of a qualified health plan for the rel-
21
evant prior tax year, an advance determination
22
of eligibility for such premium tax credit may
23
not be made under this subsection with respect
24
to such individual and such plan year if the Ex-
25
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394
•HR 1 RH
change determines, based on information pro-
1
vided by the Secretary of the Treasury, that
2
such individual—
3
‘‘(i) has not filed an income tax re-
4
turn, as required under sections 6011 and
5
6012 of such Code (and implementing reg-
6
ulations), for the relevant prior tax year;
7
or
8
‘‘(ii) as necessary, has not reconciled
9
(in accordance with subsection (f) of such
10
section 36B) the advance payment of the
11
premium tax credit made with respect to
12
such individual for such relevant prior tax
13
year.
14
‘‘(B) RELEVANT
PRIOR
TAX
YEAR.—For
15
purposes of subparagraph (A), the term ‘rel-
16
evant prior tax year’ means, with respect to the
17
advance determination of eligibility made under
18
this subsection with respect to an individual,
19
the taxable year for which tax return data
20
would be used for purposes of verifying the
21
household income and family size of such indi-
22
vidual (as described in section 1411(b)(3)(A)).
23
‘‘(C) PRELIMINARY ATTESTATION.—If an
24
individual subject to subparagraph (A) attests
25
VerDate Sep 11 2014
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395
•HR 1 RH
that such individual has fulfilled the require-
1
ments to file an income tax return for the rel-
2
evant prior tax year and, as necessary, to rec-
3
oncile the advance payment of the premium tax
4
credit made with respect to such individual for
5
such relevant prior tax year (as described in
6
clauses (i) and (ii) of such subparagraph), the
7
Secretary may make an initial advance deter-
8
mination of eligibility with respect to such indi-
9
vidual and may delay for a reasonable period
10
(as determined by the Secretary) any deter-
11
mination based on information provided by the
12
Secretary of the Treasury that such individual
13
has not fulfilled such requirements.
14
‘‘(D) NOTICE.—If the Secretary deter-
15
mines that an individual did not meet the re-
16
quirements described in subparagraph (A) with
17
respect to the relevant prior tax year and noti-
18
fies the Exchange of such determination, the
19
Exchange shall comply with the notification re-
20
quirement described in section 155.305(f)(4)(i)
21
of title 45, Code of Federal Regulations (as in
22
effect with respect to plan year 2025).’’.
23
(3) REMOVING AUTOMATIC EXTENSION OF PE-
24
RIOD TO RESOLVE INCOME INCONSISTENCIES.—The
25
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396
•HR 1 RH
Secretary of Health and Human Services shall revise
1
section 155.315(f) of title 45, Code of Federal Regu-
2
lations (or any successor regulation), to remove
3
paragraph (7) of such section such that, with respect
4
to enrollment for plan years beginning on or after
5
January 1, 2026, in the case that an Exchange es-
6
tablished under subtitle D of title I of the Patient
7
Protection and Affordable Care Act (42 U.S.C.
8
18021 et seq.) provides an individual applying for
9
enrollment in a qualified health plan with a 90-day
10
period to resolve an inconsistency in the application
11
of
such
individual
pursuant
to
section
12
1411(e)(4)(A)(ii)(II) of such Act, the Exchange may
13
not provide for an automatic extension to such 90-
14
day period on the basis that such individual is re-
15
quired to present satisfactory documentary evidence
16
to verify household income.
17
(c) REVISING RULES ON ALLOWABLE VARIATION IN
18
ACTUARIAL VALUE OF HEALTH PLANS.—The Secretary
19
of Health and Human Services shall—
20
(1) revise section 156.140(c) of title 45, Code
21
of Federal Regulations (or a successor regulation),
22
to provide that, for plan years beginning on or after
23
January 1, 2026, the allowable variation in the actu-
24
arial value of a health plan applicable under such
25
VerDate Sep 11 2014
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397
•HR 1 RH
section shall be the allowable variation for such plan
1
applicable under such section for plan year 2022;
2
(2) revise section 156.200(b)(3) of title 45,
3
Code of Federal Regulations (or a successor regula-
4
tion), to provide that, for plan years beginning on or
5
after January 1, 2026, the requirement for a quali-
6
fied health plan issuer described in such section is
7
that the issuer ensures that each qualified health
8
plan complies with benefit design standards, as de-
9
fined in section 156.20 of such title; and
10
(3) revise section 156.400 of title 45, Code of
11
Federal Regulations (or a successor regulation), to
12
provide that, for plan years beginning on or after
13
January 1, 2026, the term ‘‘de minimis variation for
14
a silver plan variation’’ means a minus 1 percentage
15
point and plus 1 percentage point allowable actuarial
16
value variation.
17
(d) UPDATING PREMIUM ADJUSTMENT PERCENTAGE
18
METHODOLOGY.—Section 1302(c)(4) of the Patient Pro-
19
tection and Affordable Care Act (42 U.S.C. 18022(c)(4))
20
is amended—
21
(1) by striking ‘‘For purposes’’ and inserting:
22
‘‘(A) IN GENERAL.—For purposes’’; and
23
(2) by adding at the end the following new sub-
24
paragraph:
25
VerDate Sep 11 2014
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398
•HR 1 RH
‘‘(B) UPDATE
TO
METHODOLOGY.—For
1
calendar years beginning with 2026, the pre-
2
mium adjustment percentage under this para-
3
graph for such calendar year shall be deter-
4
mined consistent with the methodology pub-
5
lished in the Federal Register on April 25,
6
2019 (84 Fed. Reg. 17537 through 17541).’’.
7
(e) ELIMINATING THE FIXED-DOLLAR AND GROSS-
8
PERCENTAGE THRESHOLDS APPLICABLE TO EXCHANGE
9
ENROLLMENTS.—The Secretary of Health and Human
10
Services shall revise section 155.400(g) of title 45, Code
11
of Federal Regulations (or a successor regulation) to
12
eliminate, for plan years beginning on or after January
13
1, 2026, the gross premium percentage-based premium
14
payment threshold policy described in paragraph (2) of
15
such section and the fixed-dollar premium payment
16
threshold policy described in paragraph (3) of such sec-
17
tion.
18
(f) PROHIBITING AUTOMATIC REENROLLMENT FROM
19
BRONZE TO SILVER LEVEL QUALIFIED HEALTH PLANS
20
OFFERED BY EXCHANGES.—The Secretary of Health and
21
Human Services shall revise section 155.335(j) of title 45,
22
Code of Federal Regulations (or any successor regulation)
23
to remove paragraph (4) of such section such that, with
24
respect to reenrollments for plan years beginning on or
25
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399
•HR 1 RH
after January 1, 2026, an Exchange established under
1
subtitle D of title I of the Patient Protection and Afford-
2
able Care Act (42 U.S.C. 18021 et seq.) may not reenroll
3
an individual who was enrolled in a bronze level qualified
4
health plan in a silver level qualified health plan (as such
5
terms are defined in section 1301(a) and described in
6
1302(d) of such Act) unless otherwise permitted under
7
section 155.335(j) of title 45, Code of Federal Regula-
8
tions, as in effect on the day before the date of the enact-
9
ment of this section.
10
(g) REDUCING ADVANCE PAYMENTS OF PREMIUM
11
TAX CREDITS FOR CERTAIN INDIVIDUALS REENROLLED
12
IN EXCHANGES.—Section 1412 of the Patient Protection
13
and Affordable Care Act (42 U.S.C. 18082) is amended—
14
(1) in subsection (a)(3), by inserting ‘‘, subject
15
to subsection (c)(2)(C),’’ after ‘‘qualified health
16
plans’’; and
17
(2) in subsection (c)(2)—
18
(A) in subparagraph (A), by striking
19
‘‘The’’ and inserting ‘‘Subject to subparagraph
20
(C), the’’; and
21
(B) by adding at the end the following new
22
subparagraph:
23
‘‘(C) REDUCTION
IN
ADVANCE
PAYMENT
24
FOR SPECIFIED REENROLLED INDIVIDUALS.—
25
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400
•HR 1 RH
‘‘(i) IN GENERAL.—The amount of an
1
advance payment made under subpara-
2
graph (A) to reduce the premium payable
3
for a qualified health plan that provides
4
coverage to a specified reenrolled individual
5
for an applicable month shall be an
6
amount equal to the amount that would
7
otherwise be made under such subpara-
8
graph reduced by $5 (or such higher
9
amount as the Secretary determines appro-
10
priate).
11
‘‘(ii) DEFINITIONS.—In this subpara-
12
graph:
13
‘‘(I) APPLICABLE
MONTH.—The
14
term ‘applicable month’ means, with
15
respect to a specified reenrolled indi-
16
vidual, any month during a plan year
17
beginning on or after January 1,
18
2027 (or, in the case of an individual
19
reenrolled in a qualified health plan
20
by an Exchange established pursuant
21
to section 1321(c), January 1, 2026)
22
if, prior to the first day of such
23
month, such individual has failed to
24
confirm or update such information as
25
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•HR 1 RH
is necessary to redetermine the eligi-
1
bility of such individual for such plan
2
year pursuant to section 1411(f).
3
‘‘(II) SPECIFIED
REENROLLED
4
INDIVIDUAL.—The term ‘specified re-
5
enrolled individual’ means an indi-
6
vidual who is reenrolled in a qualified
7
health plan and with respect to whom
8
the advance payment made under sub-
9
paragraph (A) would, without applica-
10
tion of any reduction under this sub-
11
paragraph, reduce the premium pay-
12
able for a qualified health plan that
13
provides coverage to such an indi-
14
vidual to $0.’’.
15
(h) PROHIBITING COVERAGE OF GENDER TRANSI-
16
TION PROCEDURES AS AN ESSENTIAL HEALTH BENEFIT
17
UNDER PLANS OFFERED BY EXCHANGES.—
18
(1) IN GENERAL.—Section 1302(b)(2) of the
19
Patient Protection and Affordable Care Act (42
20
U.S.C. 18022(b)(2)) is amended by adding at the
21
end the following new subparagraph:
22
‘‘(C)
GENDER
TRANSITION
PROCE-
23
DURES.—For plan years beginning on or after
24
January 1, 2027, the essential health benefits
25
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•HR 1 RH
defined pursuant to paragraph (1) may not in-
1
clude items and services furnished for a gender
2
transition procedure.’’.
3
(2) GENDER
TRANSITION
PROCEDURE
DE-
4
FINED.—Section 1304 of the Patient Protection and
5
Affordable Care Act (42 U.S.C. 18024) is amended
6
by adding at the end the following new subsection:
7
‘‘(f) GENDER TRANSITION PROCEDURE.—
8
‘‘(1) IN GENERAL.—In this title, except as pro-
9
vided in paragraph (2), the term ‘gender transition
10
procedure’ means, with respect to an individual, any
11
of the following when performed for the purpose of
12
intentionally changing the body of such individual
13
(including by disrupting the body’s development, in-
14
hibiting its natural functions, or modifying its ap-
15
pearance) to no longer correspond to the individual’s
16
sex:
17
‘‘(A) Performing any surgery, including—
18
‘‘(i) castration;
19
‘‘(ii) sterilization;
20
‘‘(iii) orchiectomy;
21
‘‘(iv) scrotoplasty;
22
‘‘(v) vasectomy;
23
‘‘(vi) tubal ligation;
24
‘‘(vii) hysterectomy;
25
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•HR 1 RH
‘‘(viii) oophorectomy;
1
‘‘(ix) ovariectomy;
2
‘‘(x) metoidioplasty;
3
‘‘(xi) clitoroplasty;
4
‘‘(xii) reconstruction of the fixed part
5
of
the
urethra
with
or
without
a
6
metoidioplasty or a phalloplasty;
7
‘‘(xiii) penectomy;
8
‘‘(xiv) phalloplasty;
9
‘‘(xv) vaginoplasty;
10
‘‘(xvi) vaginectomy;
11
‘‘(xvii) vulvoplasty;
12
‘‘(xviii) reduction thyrochondroplasty;
13
‘‘(xix) chondrolaryngoplasty;
14
‘‘(xx) mastectomy; and
15
‘‘(xxi) any plastic, cosmetic, or aes-
16
thetic
surgery
that
feminizes
or
17
masculinizes the facial or other body fea-
18
tures of an individual.
19
‘‘(B) Any placement of chest implants to
20
create feminine breasts or any placement of
21
erection or testicular prosetheses.
22
‘‘(C) Any placement of fat or artificial im-
23
plants in the gluteal region.
24
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•HR 1 RH
‘‘(D) Administering, prescribing, or dis-
1
pensing to an individual medications, includ-
2
ing—
3
‘‘(i) gonadotropin-releasing hormone
4
(GnRH) analogues or other puberty-block-
5
ing drugs to stop or delay normal puberty;
6
and
7
‘‘(ii) testosterone, estrogen, or other
8
androgens to an individual at doses that
9
are supraphysiologic than would normally
10
be produced endogenously in a healthy in-
11
dividual of the same age and sex.
12
‘‘(2) EXCEPTION.—Paragraph (1) shall not
13
apply to the following:
14
‘‘(A) Puberty suppression or blocking pre-
15
scription drugs for the purpose of normalizing
16
puberty for an individual experiencing pre-
17
cocious puberty.
18
‘‘(B) Medically necessary procedures or
19
treatments to correct for—
20
‘‘(i) a medically verifiable disorder of
21
sex development, including—
22
‘‘(I) 46,XX chromosomes with
23
virilization;
24
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•HR 1 RH
‘‘(II) 46,XY chromosomes with
1
undervirilization; and
2
‘‘(III) both ovarian and testicular
3
tissue;
4
‘‘(ii) sex chromosome structure, sex
5
steroid hormone production, or sex hor-
6
mone action, if determined to be abnormal
7
by a physician through genetic or bio-
8
chemical testing;
9
‘‘(iii) infection, disease, injury, or dis-
10
order caused or exacerbated by a previous
11
procedure described in paragraph (1), or a
12
physical disorder, physical injury, or phys-
13
ical illness that would, as certified by a
14
physician, place the individual in imminent
15
danger of death or impairment of a major
16
bodily function unless the procedure is per-
17
formed, not including procedures per-
18
formed for the alleviation of mental dis-
19
tress; or
20
‘‘(iv) procedures to restore or recon-
21
struct the body of the individual in order
22
to correspond to the individual’s sex after
23
one or more previous procedures described
24
in paragraph (1), which may include the
25
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removal of a pseudo phallus or breast aug-
1
mentation.
2
‘‘(3) SEX.—For purposes of this subsection, the
3
term ‘sex’ means either male or female, as bio-
4
logically determined and defined by subparagraph
5
(A) and subparagraph (B).
6
‘‘(A) FEMALE.—The term ‘female’ means
7
an individual who naturally has, had, will have,
8
or would have, but for a developmental or ge-
9
netic anomaly or historical accident, the repro-
10
ductive system that at some point produces,
11
transports, and utilizes eggs for fertilization.
12
‘‘(B) MALE.—The term ‘male’ means an
13
individual who naturally has, had, will have, or
14
would have, but for a developmental or genetic
15
anomaly or historical accident, the reproductive
16
system that at some point produces, transports,
17
and utilizes sperm for fertilization.’’.
18
(i) CLARIFYING LAWFUL PRESENCE FOR PURPOSES
19
OF THE EXCHANGES.—
20
(1) IN GENERAL.—Section 1312(f) of the Pa-
21
tient Protection and Affordable Care Act (42 U.S.C.
22
18032(f)) is amended by adding at the end the fol-
23
lowing new paragraph:
24
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‘‘(4) CLARIFICATION OF LAWFUL PRESENCE.—
1
In this title, the term ‘alien lawfully present in the
2
United States’ does not include an alien granted de-
3
ferred action under the Deferred Action for Child-
4
hood Arrivals process pursuant to the memorandum
5
of the Department of Homeland Security entitled
6
‘Exercising Prosecutorial Discretion with Respect to
7
Individuals Who Came to the United States as Chil-
8
dren’ issued on June 15, 2012.’’.
9
(2)
COST-SHARING
REDUCTIONS.—Section
10
1402(e)(2) of the Patient Protection and Affordable
11
Care Act (42 U.S.C. 18071(e)(2)) is amended by
12
adding at the end the following new sentence: ‘‘For
13
purposes of this section, an individual shall not be
14
treated as lawfully present if the individual is an
15
alien granted deferred action under the Deferred Ac-
16
tion for Childhood Arrivals process pursuant to the
17
memorandum of the Department of Homeland Secu-
18
rity entitled ‘Exercising Prosecutorial Discretion
19
with Respect to Individuals Who Came to the United
20
States as Children’ issued on June 15, 2012.’’.
21
(3) PAYMENT PROHIBITION.—Section 1412(d)
22
of the Patient Protection and Affordable Care Act
23
(42 U.S.C. 18082(d)) is amended by adding at the
24
end the following new sentence: ‘‘For purposes of
25
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the previous sentence, an individual shall not be
1
treated as lawfully present if the individual is an
2
alien granted deferred action under the Deferred Ac-
3
tion for Childhood Arrivals process pursuant to the
4
memorandum of the Department of Homeland Secu-
5
rity entitled ‘Exercising Prosecutorial Discretion
6
with Respect to Individuals Who Came to the United
7
States as Children’ issued on June 15, 2012.’’.
8
(4) EFFECTIVE DATE.—The amendments made
9
by this section shall apply with respect to plan years
10
beginning on or after January 1, 2026.
11
(j) ENSURING APPROPRIATE APPLICATION OF GUAR-
12
ANTEED
ISSUE
REQUIREMENTS
IN
CASE
OF
NON-
13
PAYMENT OF PAST PREMIUMS.—
14
(1) IN GENERAL.—Section 2702 of the Public
15
Health Service Act (42 U.S.C. 300gg–1) is amended
16
by adding at the end the following new subsection:
17
‘‘(e) NONPAYMENT OF PAST PREMIUMS.—
18
‘‘(1) IN GENERAL.—A health insurance issuer
19
offering individual health insurance coverage may, to
20
the extent allowed under State law, deny such cov-
21
erage in the case of an individual who owes any
22
amount for premiums for individual health insurance
23
coverage offered by such issuer (or by a health in-
24
surance issuer in the same controlled group (as de-
25
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409
•HR 1 RH
fined in paragraph (3)) as such issuer) in which
1
such individual was previously enrolled.
2
‘‘(2) ATTRIBUTION OF INITIAL PREMIUM PAY-
3
MENT
TO
OWED
AMOUNT.—A health insurance
4
issuer offering individual health insurance coverage
5
may, in the case of an individual described in para-
6
graph (1) and to the extent allowed under State law,
7
attribute the initial premium payment for such cov-
8
erage applicable to such individual to the amount
9
owed by such individual for premiums for individual
10
health insurance coverage offered by such issuer (or
11
by a health insurance issuer in the same controlled
12
group as such issuer) in which such individual was
13
previously enrolled.
14
‘‘(3) CONTROLLED GROUP DEFINED.—For pur-
15
poses of this subsection, the term ‘controlled group’
16
means a group of of two or more persons that is
17
treated as a single employer under section 52(a),
18
52(b), 414(m), or 414(o) of the Internal Revenue
19
Code of 1986.’’.
20
(2) EFFECTIVE DATE.—The amendment made
21
by paragraph (1) shall apply with respect to plan
22
years beginning on or after January 1, 2026.
23
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PART 3—IMPROVING AMERICANS’ ACCESS TO
1
CARE
2
SEC. 44301. EXPANDING AND CLARIFYING THE EXCLUSION
3
FOR ORPHAN DRUGS UNDER THE DRUG
4
PRICE NEGOTIATION PROGRAM.
5
(a) IN GENERAL.—Section 1192(e) of the Social Se-
6
curity Act (42 U.S.C. 1320f–1(e)) is amended—
7
(1) in paragraph (1), by adding at the end the
8
following new subparagraph:
9
‘‘(C) TREATMENT
OF
FORMER
ORPHAN
10
DRUGS.—In calculating the amount of time that
11
has elapsed with respect to the approval of a
12
drug or licensure of a biological product under
13
subparagraph (A)(ii) and subparagraph (B)(ii),
14
respectively, the Secretary shall not take into
15
account any period during which such drug or
16
product was a drug described in paragraph
17
(3)(A).’’; and
18
(2) in paragraph (3)(A)—
19
(A) by striking ‘‘only one rare disease or
20
condition’’ and inserting ‘‘one or more rare dis-
21
eases or conditions’’; and
22
(B) by striking ‘‘such disease or condition’’
23
and inserting ‘‘one or more rare diseases or
24
conditions (as such term is defined in section
25
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411
•HR 1 RH
526(a)(2) of the Federal Food, Drug, and Cos-
1
metic Act)’’.
2
(b) APPLICATION.—The amendments made by sub-
3
section (a) shall apply with respect to initial price applica-
4
bility years (as defined in section 1191(b) of the Social
5
Security Act (42 U.S.C. 1320f(b))) beginning on or after
6
January 1, 2028.
7
SEC. 44302. STREAMLINED ENROLLMENT PROCESS FOR EL-
8
IGIBLE OUT-OF-STATE PROVIDERS UNDER
9
MEDICAID AND CHIP.
10
(a) IN GENERAL.—Section 1902(kk) of the Social Se-
11
curity Act (42 U.S.C. 1396a(kk)) is amended by adding
12
at the end the following new paragraph:
13
‘‘(10) STREAMLINED
ENROLLMENT
PROCESS
14
FOR ELIGIBLE OUT-OF-STATE PROVIDERS.—
15
‘‘(A) IN GENERAL.—The State—
16
‘‘(i) adopts and implements a process
17
to allow an eligible out-of-State provider to
18
enroll under the State plan (or a waiver of
19
such plan) to furnish items and services to,
20
or order, prescribe, refer, or certify eligi-
21
bility for items and services for, qualifying
22
individuals without the imposition of
23
screening or enrollment requirements by
24
such State that exceed the minimum nec-
25
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412
•HR 1 RH
essary for such State to provide payment
1
to an eligible out-of-State provider under
2
such State plan (or a waiver of such plan),
3
such as the provider’s name and National
4
Provider Identifier (and such other infor-
5
mation specified by the Secretary); and
6
‘‘(ii) provides that an eligible out-of-
7
State provider that enrolls as a partici-
8
pating provider in the State plan (or a
9
waiver of such plan) through such process
10
shall be so enrolled for a 5-year period, un-
11
less the provider is terminated or excluded
12
from participation during such period.
13
‘‘(B) DEFINITIONS.—In this paragraph:
14
‘‘(i) ELIGIBLE
OUT-OF-STATE
PRO-
15
VIDER.—The term ‘eligible out-of-State
16
provider’ means, with respect to a State, a
17
provider—
18
‘‘(I) that is located in any other
19
State;
20
‘‘(II) that—
21
‘‘(aa) was determined by the
22
Secretary to have a limited risk
23
of fraud, waste, and abuse for
24
purposes of determining the level
25
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413
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of screening to be conducted
1
under section 1866(j)(2), has
2
been so screened under such sec-
3
tion 1866(j)(2), and is enrolled in
4
the Medicare program under title
5
XVIII; or
6
‘‘(bb) was determined by the
7
State agency administering or su-
8
pervising the administration of
9
the State plan (or a waiver of
10
such plan) of such other State to
11
have a limited risk of fraud,
12
waste, and abuse for purposes of
13
determining the level of screening
14
to be conducted under paragraph
15
(1) of this subsection, has been
16
so screened under such para-
17
graph (1), and is enrolled under
18
such State plan (or a waiver of
19
such plan); and
20
‘‘(III) that has not been—
21
‘‘(aa) excluded from partici-
22
pation in any Federal health care
23
program
pursuant
to
section
24
1128 or 1128A;
25
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‘‘(bb) excluded from partici-
1
pation in the State plan (or a
2
waiver of such plan) pursuant to
3
part 1002 of title 42, Code of
4
Federal Regulations (or any suc-
5
cessor regulation), or State law;
6
or
7
‘‘(cc) terminated from par-
8
ticipating in a Federal health
9
care program or the State plan
10
(or a waiver of such plan) for a
11
reason described in paragraph
12
(8)(A).
13
‘‘(ii) QUALIFYING
INDIVIDUAL.—The
14
term ‘qualifying individual’ means an indi-
15
vidual under 21 years of age who is en-
16
rolled under the State plan (or waiver of
17
such plan).
18
‘‘(iii)
STATE.—The
term
‘State’
19
means 1 of the 50 States or the District
20
of Columbia.’’.
21
(b) CONFORMING AMENDMENTS.—
22
(1) Section 1902(a)(77) of the Social Security
23
Act (42 U.S.C. 1396a(a)(77)) is amended by insert-
24
ing ‘‘enrollment,’’ after ‘‘screening,’’.
25
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•HR 1 RH
(2)
The
subsection
heading
for
section
1
1902(kk) of such Act (42 U.S.C. 1396a(kk)) is
2
amended
by
inserting
‘‘ENROLLMENT,’’
after
3
‘‘SCREENING,’’.
4
(3) Section 2107(e)(1)(G) of such Act (42
5
U.S.C. 1397gg(e)(1)(G)) is amended by inserting
6
‘‘enrollment,’’ after ‘‘screening,’’.
7
(c) EFFECTIVE DATE.—The amendments made by
8
this section shall apply beginning on the date that is 4
9
years after the date of enactment of this Act.
10
SEC. 44303. DELAYING DSH REDUCTIONS.
11
(a) IN GENERAL.—Section 1923(f) of the Social Se-
12
curity Act (42 U.S.C. 1396r–4(f)) is amended—
13
(1) in paragraph (7)(A)—
14
(A) in clause (i)—
15
(i) in the matter preceding subclause
16
(I), by striking ‘‘2026 through 2028’’ and
17
inserting ‘‘2029 through 2031’’; and
18
(ii) in subclause (II), by striking ‘‘or
19
period’’; and
20
(B) in clause (ii), by striking ‘‘2026
21
through 2028’’ and inserting ‘‘2029 through
22
2031’’; and
23
(2) in paragraph (8), by striking ‘‘2027’’ and
24
inserting ‘‘2031’’.
25
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•HR 1 RH
(b)
TENNESSEE
DSH
ALLOTMENT.—Section
1
1923(f)(6)(A)(vi) of the Social Security Act (42 U.S.C.
2
1396r–4(f)(6)(A)(vi)) is amended—
3
(1) in the header, by striking ‘‘2025’’ and insert-
4
ing ‘‘2028’’; and
5
(2) by striking ‘‘fiscal year 2025’’ and inserting
6
‘‘fiscal year 2028’’.
7
SEC. 44304. MODIFYING UPDATE TO THE CONVERSION FAC-
8
TOR UNDER THE PHYSICIAN FEE SCHEDULE
9
UNDER THE MEDICARE PROGRAM.
10
Section 1848(d) of the Social Security Act (42 U.S.C.
11
1395w–4(d)) is amended—
12
(1) in paragraph (1)—
13
(A) in subparagraph (A)—
14
(i) in the first sentence, by striking
15
‘‘and ending with 2025’’; and
16
(ii) by striking the second sentence;
17
and
18
(B) in subparagraph (D), by striking ‘‘(or,
19
beginning with 2026, applicable conversion fac-
20
tor)’’; and
21
(2) by amending paragraph (20) to read as fol-
22
lows:
23
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•HR 1 RH
‘‘(20) UPDATE
FOR
2026
AND
SUBSEQUENT
1
YEARS.—The update to the single conversion factor
2
established in paragraph (1)(A)—
3
‘‘(A) for 2026 is 75 percent of the Sec-
4
retary’s estimate of the percentage increase in
5
the MEI (as defined in section 1842(i)(3)) for
6
the year; and
7
‘‘(B) for 2027 and each subsequent year is
8
10 percent of the Secretary’s estimate of the
9
percentage increase in the MEI for the year.’’.
10
SEC. 44305. MODERNIZING AND ENSURING PBM ACCOUNT-
11
ABILITY.
12
(a) IN GENERAL.—
13
(1)
PRESCRIPTION
DRUG
PLANS.—Section
14
1860D–12 of the Social Security Act (42 U.S.C.
15
1395w–112) is amended by adding at the end the
16
following new subsection:
17
‘‘(h) REQUIREMENTS RELATING TO PHARMACY BEN-
18
EFIT MANAGERS.—For plan years beginning on or after
19
January 1, 2028:
20
‘‘(1) AGREEMENTS WITH PHARMACY BENEFIT
21
MANAGERS.—Each contract entered into with a
22
PDP sponsor under this part with respect to a pre-
23
scription drug plan offered by such sponsor shall
24
provide that any pharmacy benefit manager acting
25
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•HR 1 RH
on behalf of such sponsor has a written agreement
1
with the PDP sponsor under which the pharmacy
2
benefit manager, and any affiliates of such phar-
3
macy benefit manager, as applicable, agree to meet
4
the following requirements:
5
‘‘(A) NO INCOME OTHER THAN BONA FIDE
6
SERVICE FEES.—
7
‘‘(i) IN
GENERAL.—The pharmacy
8
benefit manager and any affiliate of such
9
pharmacy benefit manager shall not derive
10
any remuneration with respect to any serv-
11
ices provided on behalf of any entity or in-
12
dividual, in connection with the utilization
13
of covered part D drugs, from any such en-
14
tity or individual other than bona fide serv-
15
ice fees, subject to clauses (ii) and (iii).
16
‘‘(ii) INCENTIVE PAYMENTS.—For the
17
purposes of this subsection, an incentive
18
payment (as determined by the Secretary)
19
paid by a PDP sponsor to a pharmacy
20
benefit manager (or an affiliate of such
21
pharmacy benefit manager) that is per-
22
forming services on behalf of such sponsor
23
shall be deemed a ‘bona fide service fee’
24
(even if such payment does not otherwise
25
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•HR 1 RH
meet the definition of such term under
1
paragraph (7)(B)) if such payment is a
2
flat dollar amount, is consistent with fair
3
market value (as specified by the Sec-
4
retary), is related to services actually per-
5
formed by the pharmacy benefit manager
6
or affiliate of such pharmacy benefit man-
7
ager, on behalf of the PDP sponsor mak-
8
ing such payment, in connection with the
9
utilization of covered part D drugs, and
10
meets additional requirements, if any, as
11
determined appropriate by the Secretary.
12
‘‘(iii) CLARIFICATION
ON
REBATES
13
AND DISCOUNTS USED TO LOWER COSTS
14
FOR COVERED PART D DRUGS.—Rebates,
15
discounts, and other price concessions re-
16
ceived by a pharmacy benefit manager or
17
an affiliate of a pharmacy benefit manager
18
from manufacturers, even if such price
19
concessions are calculated as a percentage
20
of a drug’s price, shall not be considered a
21
violation of the requirements of clause (i)
22
if they are fully passed through to a PDP
23
sponsor and are compliant with all regu-
24
latory and subregulatory requirements re-
25
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•HR 1 RH
lated to direct and indirect remuneration
1
for manufacturer rebates under this part,
2
including in cases where a PDP sponsor is
3
acting as a pharmacy benefit manager on
4
behalf of a prescription drug plan offered
5
by such PDP sponsor.
6
‘‘(iv) EVALUATION OF REMUNERATION
7
ARRANGEMENTS.—Components of subsets
8
of remuneration arrangements (such as
9
fees or other forms of compensation paid
10
to or retained by the pharmacy benefit
11
manager or affiliate of such pharmacy ben-
12
efit manager), as determined appropriate
13
by the Secretary, between pharmacy ben-
14
efit managers or affiliates of such phar-
15
macy benefit managers, as applicable, and
16
other entities involved in the dispensing or
17
utilization of covered part D drugs (includ-
18
ing PDP sponsors, manufacturers, phar-
19
macies, and other entities as determined
20
appropriate by the Secretary) shall be sub-
21
ject to review by the Secretary, in con-
22
sultation with the Office of the Inspector
23
General of the Department of Health and
24
Human Services, as determined appro-
25
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421
•HR 1 RH
priate by the Secretary. The Secretary, in
1
consultation with the Office of the Inspec-
2
tor General, shall review whether remu-
3
neration under such arrangements is con-
4
sistent with fair market value (as specified
5
by the Secretary) through reviews and as-
6
sessments of such remuneration, as deter-
7
mined appropriate.
8
‘‘(v) DISGORGEMENT.—The pharmacy
9
benefit manager shall disgorge any remu-
10
neration paid to such pharmacy benefit
11
manager or an affiliate of such pharmacy
12
benefit manager in violation of this sub-
13
paragraph to the PDP sponsor.
14
‘‘(vi) ADDITIONAL REQUIREMENTS.—
15
The pharmacy benefit manager shall—
16
‘‘(I) enter into a written agree-
17
ment with any affiliate of such phar-
18
macy benefit manager, under which
19
the affiliate shall identify and disgorge
20
any remuneration described in clause
21
(v) to the pharmacy benefit manager;
22
and
23
‘‘(II) attest, subject to any re-
24
quirements determined appropriate by
25
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•HR 1 RH
the Secretary, that the pharmacy ben-
1
efit manager has entered into a writ-
2
ten agreement described in subclause
3
(I) with any relevant affiliate of the
4
pharmacy benefit manager.
5
‘‘(B) TRANSPARENCY REGARDING GUARAN-
6
TEES
AND
COST
PERFORMANCE
EVALUA-
7
TIONS.—The pharmacy benefit manager shall—
8
‘‘(i) define, interpret, and apply, in a
9
fully transparent and consistent manner
10
for purposes of calculating or otherwise
11
evaluating pharmacy benefit manager per-
12
formance against pricing guarantees or
13
similar cost performance measurements re-
14
lated to rebates, discounts, price conces-
15
sions, or net costs, terms such as—
16
‘‘(I) ‘generic drug’, in a manner
17
consistent with the definition of the
18
term under section 423.4 of title 42,
19
Code of Federal Regulations, or a suc-
20
cessor regulation;
21
‘‘(II) ‘brand name drug’, in a
22
manner consistent with the definition
23
of the term under section 423.4 of
24
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title 42, Code of Federal Regulations,
1
or a successor regulation;
2
‘‘(III) ‘specialty drug’;
3
‘‘(IV) ‘rebate’; and
4
‘‘(V) ‘discount’;
5
‘‘(ii) identify any drugs, claims, or
6
price concessions excluded from any pric-
7
ing guarantee or other cost performance
8
measure in a clear and consistent manner;
9
and
10
‘‘(iii) where a pricing guarantee or
11
other cost performance measure is based
12
on a pricing benchmark other than the
13
wholesale acquisition cost (as defined in
14
section 1847A(c)(6)(B)) of a drug, cal-
15
culate and provide a wholesale acquisition
16
cost-based equivalent to the pricing guar-
17
antee or other cost performance measure.
18
‘‘(C) PROVISION OF INFORMATION.—
19
‘‘(i) IN
GENERAL.—Not later than
20
July 1 of each year, beginning in 2028, the
21
pharmacy benefit manager shall submit to
22
the PDP sponsor, and to the Secretary, a
23
report, in accordance with this subpara-
24
graph, and shall make such report avail-
25
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•HR 1 RH
able to such sponsor at no cost to such
1
sponsor in a format specified by the Sec-
2
retary under paragraph (5). Each such re-
3
port shall include, with respect to such
4
PDP sponsor and each plan offered by
5
such sponsor, the following information
6
with respect to the previous plan year:
7
‘‘(I) A list of all drugs covered by
8
the plan that were dispensed includ-
9
ing, with respect to each such drug—
10
‘‘(aa) the brand name, ge-
11
neric or non-proprietary name,
12
and National Drug Code;
13
‘‘(bb) the number of plan
14
enrollees for whom the drug was
15
dispensed, the total number of
16
prescription claims for the drug
17
(including original prescriptions
18
and refills, counted as separate
19
claims), and the total number of
20
dosage units of the drug dis-
21
pensed;
22
‘‘(cc) the number of pre-
23
scription claims described in item
24
(bb) by each type of dispensing
25
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•HR 1 RH
channel through which the drug
1
was dispensed, including retail,
2
mail order, specialty pharmacy,
3
long term care pharmacy, home
4
infusion pharmacy, or other types
5
of pharmacies or providers;
6
‘‘(dd) the average wholesale
7
acquisition cost, listed as cost per
8
day’s supply, cost per dosage
9
unit, and cost per typical course
10
of treatment (as applicable);
11
‘‘(ee) the average wholesale
12
price for the drug, listed as price
13
per day’s supply, price per dos-
14
age unit, and price per typical
15
course of treatment (as applica-
16
ble);
17
‘‘(ff) the total out-of-pocket
18
spending by plan enrollees on
19
such drug after application of
20
any benefits under the plan, in-
21
cluding plan enrollee spending
22
through copayments, coinsurance,
23
and deductibles;
24
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‘‘(gg) total rebates paid by
1
the manufacturer on the drug as
2
reported under the Detailed DIR
3
Report (or any successor report)
4
submitted by such sponsor to the
5
Centers for Medicare & Medicaid
6
Services;
7
‘‘(hh) all other direct or in-
8
direct remuneration on the drug
9
as reported under the Detailed
10
DIR Report (or any successor re-
11
port) submitted by such sponsor
12
to the Centers for Medicare &
13
Medicaid Services;
14
‘‘(ii) the average pharmacy
15
reimbursement amount paid by
16
the plan for the drug in the ag-
17
gregate and disaggregated by dis-
18
pensing channel identified in item
19
(cc);
20
‘‘(jj) the average National
21
Average Drug Acquisition Cost
22
(NADAC); and
23
‘‘(kk) total manufacturer-de-
24
rived revenue, inclusive of bona
25
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•HR 1 RH
fide service fees, attributable to
1
the drug and retained by the
2
pharmacy benefit manager and
3
any affiliate of such pharmacy
4
benefit manager.
5
‘‘(II) In the case of a pharmacy
6
benefit manager that has an affiliate
7
that is a retail, mail order, or spe-
8
cialty pharmacy, with respect to drugs
9
covered by such plan that were dis-
10
pensed, the following information:
11
‘‘(aa) The percentage of
12
total prescriptions that were dis-
13
pensed by pharmacies that are an
14
affiliate of the pharmacy benefit
15
manager for each drug.
16
‘‘(bb)
The
interquartile
17
range of the total combined costs
18
paid by the plan and plan enroll-
19
ees, per dosage unit, per course
20
of treatment, per 30-day supply,
21
and per 90-day supply for each
22
drug dispensed by pharmacies
23
that are not an affiliate of the
24
pharmacy benefit manager and
25
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•HR 1 RH
that are included in the phar-
1
macy network of such plan.
2
‘‘(cc)
The
interquartile
3
range of the total combined costs
4
paid by the plan and plan enroll-
5
ees, per dosage unit, per course
6
of treatment, per 30-day supply,
7
and per 90-day supply for each
8
drug dispensed by pharmacies
9
that are an affiliate of the phar-
10
macy benefit manager and that
11
are included in the pharmacy
12
network of such plan.
13
‘‘(dd) The lowest total com-
14
bined cost paid by the plan and
15
plan enrollees, per dosage unit,
16
per course of treatment, per 30-
17
day supply, and per 90-day sup-
18
ply, for each drug that is avail-
19
able from any pharmacy included
20
in the pharmacy network of such
21
plan.
22
‘‘(ee) The difference between
23
the average acquisition cost of
24
the affiliate, such as a pharmacy
25
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•HR 1 RH
or other entity that acquires pre-
1
scription drugs, that initially ac-
2
quires the drug and the amount
3
reported under subclause (I)(jj)
4
for each drug.
5
‘‘(ff) A list inclusive of the
6
brand name, generic or non-pro-
7
prietary
name,
and
National
8
Drug Code of covered part D
9
drugs subject to an agreement
10
with a covered entity under sec-
11
tion 340B of the Public Health
12
Service Act for which the phar-
13
macy benefit manager or an affil-
14
iate of the pharmacy benefit
15
manager had a contract or other
16
arrangement with such a covered
17
entity in the service area of such
18
plan.
19
‘‘(III) Where a drug approved
20
under section 505(c) of the Federal
21
Food, Drug, and Cosmetic Act (re-
22
ferred to in this subclause as the ‘list-
23
ed drug’) is covered by the plan, the
24
following information:
25
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•HR 1 RH
‘‘(aa) A list of currently
1
marketed generic drugs approved
2
under section 505(j) of the Fed-
3
eral Food, Drug, and Cosmetic
4
Act pursuant to an application
5
that references such listed drug
6
that are not covered by the plan,
7
are covered on the same for-
8
mulary tier or a formulary tier
9
typically associated with higher
10
cost-sharing than the listed drug,
11
or are subject to utilization man-
12
agement that the listed drug is
13
not subject to.
14
‘‘(bb) The estimated average
15
beneficiary
cost-sharing
under
16
the plan for a 30-day supply of
17
the listed drug.
18
‘‘(cc) Where a generic drug
19
listed under item (aa) is on a for-
20
mulary tier typically associated
21
with higher cost-sharing than the
22
listed drug, the estimated aver-
23
age cost-sharing that a bene-
24
ficiary would have paid for a 30-
25
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•HR 1 RH
day supply of each of the generic
1
drugs described in item (aa), had
2
the plan provided coverage for
3
such drugs on the same for-
4
mulary tier as the listed drug.
5
‘‘(dd) A written justification
6
for providing more favorable cov-
7
erage of the listed drug than the
8
generic drugs described in item
9
(aa).
10
‘‘(ee) The number of cur-
11
rently marketed generic drugs
12
approved under section 505(j) of
13
the Federal Food, Drug, and
14
Cosmetic Act pursuant to an ap-
15
plication that references such
16
listed drug.
17
‘‘(IV) Where a reference product
18
(as defined in section 351(i) of the
19
Public Health Service Act) is covered
20
by the plan, the following information:
21
‘‘(aa) A list of currently
22
marketed
biosimilar
biological
23
products licensed under section
24
351(k) of the Public Health
25
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•HR 1 RH
Service Act pursuant to an appli-
1
cation that refers to such ref-
2
erence product that are not cov-
3
ered by the plan, are covered on
4
the same formulary tier or a for-
5
mulary tier typically associated
6
with higher cost-sharing than the
7
reference product, or are subject
8
to utilization management that
9
the reference product is not sub-
10
ject to.
11
‘‘(bb) The estimated average
12
beneficiary
cost-sharing
under
13
the plan for a 30-day supply of
14
the reference product.
15
‘‘(cc) Where a biosimilar bi-
16
ological product listed under item
17
(aa) is on a formulary tier typi-
18
cally associated with higher cost-
19
sharing than the reference prod-
20
uct, the estimated average cost-
21
sharing that a beneficiary would
22
have paid for a 30-day supply of
23
each of the biosimilar biological
24
products described in item (aa),
25
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•HR 1 RH
had the plan provided coverage
1
for such products on the same
2
formulary tier as the reference
3
product.
4
‘‘(dd) A written justification
5
for providing more favorable cov-
6
erage of the reference product
7
than the biosimilar biological
8
product described in item (aa).
9
‘‘(ee) The number of cur-
10
rently marketed biosimilar bio-
11
logical products licensed under
12
section 351(k) of the Public
13
Health Service Act, pursuant to
14
an application that refers to such
15
reference product.
16
‘‘(V) Total gross spending on
17
covered part D drugs by the plan, not
18
net of rebates, fees, discounts, or
19
other direct or indirect remuneration.
20
‘‘(VI) The total amount retained
21
by the pharmacy benefit manager or
22
an affiliate of such pharmacy benefit
23
manager in revenue related to utiliza-
24
tion of covered part D drugs under
25
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434
•HR 1 RH
that plan, inclusive of bona fide serv-
1
ice fees.
2
‘‘(VII) The total spending on cov-
3
ered part D drugs net of rebates, fees,
4
discounts, or other direct and indirect
5
remuneration by the plan.
6
‘‘(VIII) An explanation of any
7
benefit design parameters under such
8
plan that encourage plan enrollees to
9
fill prescriptions at pharmacies that
10
are an affiliate of such pharmacy ben-
11
efit manager, such as mail and spe-
12
cialty home delivery programs, and re-
13
tail and mail auto-refill programs.
14
‘‘(IX) The following information:
15
‘‘(aa) A list of all brokers,
16
consultants, advisors, and audi-
17
tors that receive compensation
18
from the pharmacy benefit man-
19
ager or an affiliate of such phar-
20
macy benefit manager for refer-
21
rals,
consulting,
auditing,
or
22
other services offered to PDP
23
sponsors related to pharmacy
24
benefit management services.
25
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•HR 1 RH
‘‘(bb) The amount of com-
1
pensation provided by such phar-
2
macy benefit manager or affiliate
3
to each such broker, consultant,
4
advisor, and auditor.
5
‘‘(cc) The methodology for
6
calculating the amount of com-
7
pensation provided by such phar-
8
macy benefit manager or affil-
9
iate, for each such broker, con-
10
sultant, advisor, and auditor.
11
‘‘(X) A list of all affiliates of the
12
pharmacy benefit manager.
13
‘‘(XI) A summary document sub-
14
mitted in a standardized template de-
15
veloped by the Secretary that includes
16
such information described in sub-
17
clauses (I) through (X).
18
‘‘(ii) WRITTEN EXPLANATION OF CON-
19
TRACTS
OR
AGREEMENTS
WITH
DRUG
20
MANUFACTURERS.—
21
‘‘(I) IN
GENERAL.—The phar-
22
macy benefit manager shall, not later
23
than 30 days after the finalization of
24
any contract or agreement between
25
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•HR 1 RH
such pharmacy benefit manager or an
1
affiliate of such pharmacy benefit
2
manager and a drug manufacturer (or
3
subsidiary, agent, or entity affiliated
4
with such drug manufacturer) that
5
makes rebates, discounts, payments,
6
or other financial incentives related to
7
one or more covered part D drugs or
8
other prescription drugs, as applica-
9
ble, of the manufacturer directly or
10
indirectly contingent upon coverage,
11
formulary placement, or utilization
12
management conditions on any other
13
covered part D drugs or other pre-
14
scription drugs, as applicable, submit
15
to the PDP sponsor a written expla-
16
nation of such contract or agreement.
17
‘‘(II) REQUIREMENTS.—A writ-
18
ten explanation under subclause (I)
19
shall—
20
‘‘(aa) include the manufac-
21
turer subject to the contract or
22
agreement, all covered part D
23
drugs
and
other
prescription
24
drugs, as applicable, subject to
25
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•HR 1 RH
the contract or agreement and
1
the manufacturers of such drugs,
2
and a high-level description of
3
the terms of such contract or
4
agreement and how such terms
5
apply to such drugs; and
6
‘‘(bb) be certified by the
7
Chief Executive Officer, Chief Fi-
8
nancial Officer, or General Coun-
9
sel of such pharmacy benefit
10
manager, or affiliate of such
11
pharmacy benefit manager, as
12
applicable, or an individual dele-
13
gated with the authority to sign
14
on behalf of one of these officers,
15
who reports directly to the offi-
16
cer.
17
‘‘(III) DEFINITION
OF
OTHER
18
PRESCRIPTION DRUGS.—For purposes
19
of this clause, the term ‘other pre-
20
scription drugs’ means prescription
21
drugs covered as supplemental bene-
22
fits under this part or prescription
23
drugs paid outside of this part.
24
‘‘(D) AUDIT RIGHTS.—
25
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•HR 1 RH
‘‘(i) IN GENERAL.—Not less than once
1
a year, at the request of the PDP sponsor,
2
the pharmacy benefit manager shall allow
3
for an audit of the pharmacy benefit man-
4
ager to ensure compliance with all terms
5
and conditions under the written agree-
6
ment described in this paragraph and the
7
accuracy of information reported under
8
subparagraph (C).
9
‘‘(ii) AUDITOR.—The PDP sponsor
10
shall have the right to select an auditor.
11
The pharmacy benefit manager shall not
12
impose any limitations on the selection of
13
such auditor.
14
‘‘(iii) PROVISION OF INFORMATION.—
15
The pharmacy benefit manager shall make
16
available to such auditor all records, data,
17
contracts, and other information necessary
18
to confirm the accuracy of information
19
provided under subparagraph (C), subject
20
to reasonable restrictions on how such in-
21
formation must be reported to prevent re-
22
disclosure of such information.
23
‘‘(iv) TIMING.—The pharmacy benefit
24
manager must provide information under
25
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•HR 1 RH
clause (iii) and other information, data,
1
and records relevant to the audit to such
2
auditor within 6 months of the initiation of
3
the audit and respond to requests for addi-
4
tional information from such auditor with-
5
in 30 days after the request for additional
6
information.
7
‘‘(v) INFORMATION
FROM
AFFILI-
8
ATES.—The pharmacy benefit manager
9
shall be responsible for providing to such
10
auditor information required to be reported
11
under subparagraph (C) or under clause
12
(iii) of this subparagraph that is owned or
13
held by an affiliate of such pharmacy ben-
14
efit manager.
15
‘‘(2) ENFORCEMENT.—
16
‘‘(A) IN
GENERAL.—Each PDP sponsor
17
shall—
18
‘‘(i) disgorge to the Secretary any
19
amounts disgorged to the PDP sponsor by
20
a pharmacy benefit manager under para-
21
graph (1)(A)(v);
22
‘‘(ii) require, in a written agreement
23
with any pharmacy benefit manager acting
24
on behalf of such sponsor or affiliate of
25
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•HR 1 RH
such pharmacy benefit manager, that such
1
pharmacy benefit manager or affiliate re-
2
imburse the PDP sponsor for any civil
3
money penalty imposed on the PDP spon-
4
sor as a result of the failure of the phar-
5
macy benefit manager or affiliate to meet
6
the requirements of paragraph (1) that are
7
applicable to the pharmacy benefit man-
8
ager or affiliate under the agreement; and
9
‘‘(iii) require, in a written agreement
10
with any such pharmacy benefit manager
11
acting on behalf of such sponsor or affil-
12
iate of such pharmacy benefit manager,
13
that such pharmacy benefit manager or af-
14
filiate be subject to punitive remedies for
15
breach of contract for failure to comply
16
with the requirements applicable under
17
paragraph (1).
18
‘‘(B) REPORTING
OF
ALLEGED
VIOLA-
19
TIONS.—The Secretary shall make available and
20
maintain a mechanism for manufacturers, PDP
21
sponsors, pharmacies, and other entities that
22
have contractual relationships with pharmacy
23
benefit managers or affiliates of such pharmacy
24
benefit managers to report, on a confidential
25
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•HR 1 RH
basis, alleged violations of paragraph (1)(A) or
1
subparagraph (C).
2
‘‘(C) ANTI-RETALIATION AND ANTI-COER-
3
CION.—Consistent with applicable Federal or
4
State law, a PDP sponsor shall not—
5
‘‘(i) retaliate against an individual or
6
entity for reporting an alleged violation
7
under subparagraph (B); or
8
‘‘(ii) coerce, intimidate, threaten, or
9
interfere with the ability of an individual
10
or entity to report any such alleged viola-
11
tions.
12
‘‘(3) CERTIFICATION OF COMPLIANCE.—
13
‘‘(A) IN
GENERAL.—Each PDP sponsor
14
shall furnish to the Secretary (at a time and in
15
a manner specified by the Secretary) an annual
16
certification of compliance with this subsection,
17
as well as such information as the Secretary de-
18
termines necessary to carry out this subsection.
19
‘‘(B) IMPLEMENTATION.—Notwithstanding
20
any other provision of law, the Secretary may
21
implement this paragraph by program instruc-
22
tion or otherwise.
23
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in
24
this subsection shall be construed as—
25
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‘‘(A) prohibiting flat dispensing fees or re-
1
imbursement or payment for ingredient costs
2
(including customary, industry-standard dis-
3
counts directly related to drug acquisition that
4
are retained by pharmacies or wholesalers) to
5
entities that acquire or dispense prescription
6
drugs; or
7
‘‘(B) modifying regulatory requirements or
8
sub-regulatory program instruction or guidance
9
related to pharmacy payment, reimbursement,
10
or dispensing fees.
11
‘‘(5) STANDARD FORMATS.—
12
‘‘(A) IN GENERAL.—Not later than June
13
1, 2027, the Secretary shall specify standard,
14
machine-readable formats for pharmacy benefit
15
managers to submit annual reports required
16
under paragraph (1)(C)(i).
17
‘‘(B) IMPLEMENTATION.—Notwithstanding
18
any other provision of law, the Secretary may
19
implement this paragraph by program instruc-
20
tion or otherwise.
21
‘‘(6) CONFIDENTIALITY.—
22
‘‘(A) IN GENERAL.—Information disclosed
23
by a pharmacy benefit manager, an affiliate of
24
a pharmacy benefit manager, a PDP sponsor,
25
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or a pharmacy under this subsection that is not
1
otherwise publicly available or available for pur-
2
chase shall not be disclosed by the Secretary or
3
a PDP sponsor receiving the information, ex-
4
cept that the Secretary may disclose the infor-
5
mation for the following purposes:
6
‘‘(i) As the Secretary determines nec-
7
essary to carry out this part.
8
‘‘(ii) To permit the Comptroller Gen-
9
eral to review the information provided.
10
‘‘(iii) To permit the Director of the
11
Congressional Budget Office to review the
12
information provided.
13
‘‘(iv) To permit the Executive Direc-
14
tor of the Medicare Payment Advisory
15
Commission to review the information pro-
16
vided.
17
‘‘(v) To the Attorney General for the
18
purposes of conducting oversight and en-
19
forcement under this title.
20
‘‘(vi) To the Inspector General of the
21
Department of Health and Human Serv-
22
ices in accordance with its authorities
23
under the Inspector General Act of 1978
24
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•HR 1 RH
(section 406 of title 5, United States
1
Code), and other applicable statutes.
2
‘‘(B) RESTRICTION ON USE OF INFORMA-
3
TION.—The Secretary, the Comptroller General,
4
the Director of the Congressional Budget Of-
5
fice, and the Executive Director of the Medicare
6
Payment Advisory Commission shall not report
7
on or disclose information disclosed pursuant to
8
subparagraph (A) to the public in a manner
9
that would identify—
10
‘‘(i) a specific pharmacy benefit man-
11
ager, affiliate, pharmacy, manufacturer,
12
wholesaler, PDP sponsor, or plan; or
13
‘‘(ii) contract prices, rebates, dis-
14
counts, or other remuneration for specific
15
drugs in a manner that may allow the
16
identification of specific contracting parties
17
or of such specific drugs.
18
‘‘(7) DEFINITIONS.—For purposes of this sub-
19
section:
20
‘‘(A) AFFILIATE.—The term ‘affiliate’
21
means, with respect to any pharmacy benefit
22
manager or PDP sponsor, any entity that, di-
23
rectly or indirectly—
24
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‘‘(i) owns or is owned by, controls or
1
is controlled by, or is otherwise related in
2
any ownership structure to such pharmacy
3
benefit manager or PDP sponsor; or
4
‘‘(ii) acts as a contractor, principal, or
5
agent to such pharmacy benefit manager
6
or PDP sponsor, insofar as such con-
7
tractor, principal, or agent performs any of
8
the functions described under subpara-
9
graph (C).
10
‘‘(B) BONA FIDE SERVICE FEE.—The term
11
‘bona fide service fee’ means a fee that is reflec-
12
tive of the fair market value (as specified by the
13
Secretary, through notice and comment rule-
14
making) for a bona fide, itemized service actu-
15
ally performed on behalf of an entity, that the
16
entity would otherwise perform (or contract for)
17
in the absence of the service arrangement and
18
that is not passed on in whole or in part to a
19
client or customer, whether or not the entity
20
takes title to the drug. Such fee must be a flat
21
dollar amount and shall not be directly or indi-
22
rectly based on, or contingent upon—
23
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‘‘(i) drug price, such as wholesale ac-
1
quisition cost or drug benchmark price
2
(such as average wholesale price);
3
‘‘(ii) the amount of discounts, rebates,
4
fees, or other direct or indirect remunera-
5
tion with respect to covered part D drugs
6
dispensed to enrollees in a prescription
7
drug plan, except as permitted pursuant to
8
paragraph (1)(A)(ii);
9
‘‘(iii) coverage or formulary placement
10
decisions or the volume or value of any re-
11
ferrals or business generated between the
12
parties to the arrangement; or
13
‘‘(iv) any other amounts or meth-
14
odologies prohibited by the Secretary.
15
‘‘(C) PHARMACY BENEFIT MANAGER.—The
16
term ‘pharmacy benefit manager’ means any
17
person or entity that, either directly or through
18
an intermediary, acts as a price negotiator or
19
group purchaser on behalf of a PDP sponsor or
20
prescription drug plan, or manages the pre-
21
scription drug benefits provided by such spon-
22
sor or plan, including the processing and pay-
23
ment of claims for prescription drugs, the per-
24
formance of drug utilization review, the proc-
25
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essing of drug prior authorization requests, the
1
adjudication of appeals or grievances related to
2
the prescription drug benefit, contracting with
3
network pharmacies, controlling the cost of cov-
4
ered part D drugs, or the provision of related
5
services. Such term includes any person or enti-
6
ty that carries out one or more of the activities
7
described in the preceding sentence, irrespective
8
of whether such person or entity calls itself a
9
‘pharmacy benefit manager’.’’.
10
(2) MA–PD PLANS.—Section 1857(f)(3) of the
11
Social Security Act (42 U.S.C. 1395w–27(f)(3)) is
12
amended by adding at the end the following new
13
subparagraph:
14
‘‘(F) REQUIREMENTS RELATING TO PHAR-
15
MACY BENEFIT MANAGERS.—For plan years be-
16
ginning on or after January 1, 2028, section
17
1860D–12(h).’’.
18
(3) NONAPPLICATION OF PAPERWORK REDUC-
19
TION ACT.—Chapter 35 of title 44, United States
20
Code, shall not apply to the implementation of this
21
subsection.
22
(4) FUNDING.—
23
(A) SECRETARY.—In addition to amounts
24
otherwise available, there is appropriated to the
25
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Centers for Medicare & Medicaid Services Pro-
1
gram Management Account, out of any money
2
in the Treasury not otherwise appropriated,
3
$113,000,000 for fiscal year 2025, to remain
4
available until expended, to carry out this sub-
5
section.
6
(B) OIG.—In addition to amounts other-
7
wise available, there is appropriated to the In-
8
spector General of the Department of Health
9
and Human Services, out of any money in the
10
Treasury
not
otherwise
appropriated,
11
$20,000,000 for fiscal year 2025, to remain
12
available until expended, to carry out this sub-
13
section.
14
(b) GAO STUDY AND REPORT ON PRICE-RELATED
15
COMPENSATION ACROSS THE SUPPLY CHAIN.—
16
(1) STUDY.—The Comptroller General of the
17
United States (in this subsection referred to as the
18
‘‘Comptroller General’’) shall conduct a study de-
19
scribing the use of compensation and payment struc-
20
tures related to a prescription drug’s price within
21
the retail prescription drug supply chain in part D
22
of title XVIII of the Social Security Act (42 U.S.C.
23
1395w–101 et seq.). Such study shall summarize in-
24
formation from Federal agencies and industry ex-
25
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•HR 1 RH
perts, to the extent available, with respect to the fol-
1
lowing:
2
(A) The type, magnitude, other features
3
(such as the pricing benchmarks used), and
4
prevalence of compensation and payment struc-
5
tures related to a prescription drug’s price,
6
such as calculating fee amounts as a percentage
7
of a prescription drug’s price, between inter-
8
mediaries in the prescription drug supply chain,
9
including—
10
(i) pharmacy benefit managers;
11
(ii) PDP sponsors offering prescrip-
12
tion drug plans and Medicare Advantage
13
organizations offering MA–PD plans;
14
(iii) drug wholesalers;
15
(iv) pharmacies;
16
(v) manufacturers;
17
(vi) pharmacy services administrative
18
organizations;
19
(vii) brokers, auditors, consultants,
20
and other entities that—
21
(I) advise PDP sponsors offering
22
prescription drug plans and Medicare
23
Advantage organizations offering MA–
24
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PD plans regarding pharmacy bene-
1
fits; or
2
(II) review PDP sponsor and
3
Medicare Advantage organization con-
4
tracts with pharmacy benefit man-
5
agers; and
6
(viii) other service providers that con-
7
tract with any of the entities described in
8
clauses (i) through (vii) that may use
9
price-related compensation and payment
10
structures, such as rebate aggregators (or
11
other entities that negotiate or process
12
price concessions on behalf of pharmacy
13
benefit managers, plan sponsors, or phar-
14
macies).
15
(B) The primary business models and com-
16
pensation structures for each category of inter-
17
mediary described in subparagraph (A).
18
(C) Variation in price-related compensation
19
structures between affiliated entities (such as
20
entities with common ownership, either full or
21
partial, and subsidiary relationships) and unaf-
22
filiated entities.
23
(D) Potential conflicts of interest among
24
contracting entities related to the use of pre-
25
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451
•HR 1 RH
scription drug price-related compensation struc-
1
tures, such as the potential for fees or other
2
payments set as a percentage of a prescription
3
drug’s price to advantage formulary selection,
4
distribution, or purchasing of prescription drugs
5
with higher prices.
6
(E) Notable differences, if any, in the use
7
and level of price-based compensation struc-
8
tures over time and between different market
9
segments, such as under part D of title XVIII
10
of the Social Security Act (42 U.S.C. 1395w–
11
101 et seq.) and the Medicaid program under
12
title XIX of such Act (42 U.S.C. 1396 et seq.).
13
(F) The effects of drug price-related com-
14
pensation structures and alternative compensa-
15
tion structures on Federal health care programs
16
and program beneficiaries, including with re-
17
spect to cost-sharing, premiums, Federal out-
18
lays, biosimilar and generic drug adoption and
19
utilization, drug shortage risks, and the poten-
20
tial for fees set as a percentage of a drug’s
21
price to advantage the formulary selection, dis-
22
tribution, or purchasing of drugs with higher
23
prices.
24
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•HR 1 RH
(G) Other issues determined to be relevant
1
and appropriate by the Comptroller General.
2
(2) REPORT.—Not later than 2 years after the
3
date of enactment of this section, the Comptroller
4
General shall submit to Congress a report containing
5
the results of the study conducted under paragraph
6
(1), together with recommendations for such legisla-
7
tion and administrative action as the Comptroller
8
General determines appropriate.
9
(c) MEDPAC REPORTS
ON AGREEMENTS WITH
10
PHARMACY BENEFIT MANAGERS WITH RESPECT TO PRE-
11
SCRIPTION DRUG PLANS AND MA-PD PLANS.—
12
(1) IN GENERAL.—The Medicare Payment Ad-
13
visory Commission shall submit to Congress the fol-
14
lowing reports:
15
(A) INITIAL REPORT.—Not later than the
16
first March 15 occurring after the date that is
17
2 years after the date on which the Secretary
18
makes the data available to the Commission, a
19
report regarding agreements with pharmacy
20
benefit managers with respect to prescription
21
drug plans and MA–PD plans. Such report
22
shall include, to the extent practicable—
23
(i) a description of trends and pat-
24
terns, including relevant averages, totals,
25
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453
•HR 1 RH
and other figures for the types of informa-
1
tion submitted;
2
(ii) an analysis of any differences in
3
agreements and their effects on plan en-
4
rollee out-of-pocket spending and average
5
pharmacy reimbursement, and other im-
6
pacts; and
7
(iii) any recommendations the Com-
8
mission determines appropriate.
9
(B) FINAL
REPORT.—Not later than 2
10
years after the date on which the Commission
11
submits the initial report under subparagraph
12
(A), a report describing any changes with re-
13
spect to the information described in subpara-
14
graph (A) over time, together with any rec-
15
ommendations the Commission determines ap-
16
propriate.
17
(2) FUNDING.—In addition to amounts other-
18
wise available, there is appropriated to the Medicare
19
Payment Advisory Commission, out of any money in
20
the
Treasury
not
otherwise
appropriated,
21
$1,000,000 for fiscal year 2026, to remain available
22
until expended, to carry out this subsection.
23
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454
•HR 1 RH
TITLE V—COMMITTEE ON
1
FINANCIAL SERVICES
2
SEC. 50001. GREEN AND RESILIENT RETROFIT PROGRAM
3
FOR MULTIFAMILY FAMILY HOUSING.
4
The unobligated balance of amounts made available
5
under section 30002(a) of Public Law 117-169 (commonly
6
referred to as the ‘‘Inflation Reduction Act’’; 136 Stat.
7
2027) are rescinded.
8
SEC. 50002. PUBLIC COMPANY ACCOUNTING OVERSIGHT
9
BOARD.
10
(a) During the period beginning on the date of enact-
11
ment of this Act and ending on the transfer date—
12
(1) all intellectual property retained by the
13
Public
Company
Accounting
Oversight
Board
14
(‘‘Board’’) in support of its programs for registra-
15
tion, standard-setting, and inspection shall be shared
16
with the Securities and Exchange Commission
17
(‘‘Commission’’); and
18
(2) pending enforcement and disciplinary ac-
19
tions of the Board shall be referred to the Commis-
20
sion or other regulators in accordance with section
21
105 of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
22
7215).
23
(b) Effective on the transfer date—
24
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•HR 1 RH
(1) all unobligated fees collected under section
1
109(d) of the Sarbanes-Oxley Act of 2002 shall be
2
transferred to the general fund of the Treasury, and
3
the Commission may not collect fees under such sec-
4
tion 109(d);
5
(2) the duties and powers of the Board in effect
6
as of the day before the transfer date, other than
7
those described in section 107 of the Sarbanes-Oxley
8
Act of 2002 (15 U.S.C. 7217), shall be transferred
9
to the Commission;
10
(3) the Commission may not use funds to carry
11
out section 107 of the Sarbanes-Oxley Act of 2002
12
(15 U.S.C. 7217) for activities related to overseeing
13
the Board;
14
(4) the Board shall transfer all intellectual
15
property described in subsection (a)(1) to the Com-
16
mission;
17
(5) existing processes and regulations of the
18
Board, including existing Board auditing standards,
19
shall continue in effect unless modified through rule
20
making by the Commission; and
21
(6) any reference to the Board in any law, reg-
22
ulation, document, record, map, or other paper of
23
the United States shall be deemed a reference to the
24
Commission.
25
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•HR 1 RH
(c) Any employee of the Board as of the date of en-
1
actment of this Act may—
2
(1) be offered equivalent positions on the Com-
3
mission staff, as determined by the Commission, and
4
submit to the Commission’s standard employment
5
policies; and
6
(2) receive pay that is not higher than the high-
7
est paid employee of similarly situated employees of
8
the Commission.
9
(d) In this section, the term ‘‘transfer date’’ means
10
the date established by the Commission for purposes of
11
this section, except that such date may not be later than
12
the date that is 1 year after the date of enactment of this
13
Act.
14
SEC. 50003. BUREAU OF CONSUMER FINANCIAL PROTEC-
15
TION.
16
Section 1017(a)(2) of the Consumer Financial Pro-
17
tection Act of 2010 (12 U.S.C. 5497(a)(2)) is amended—
18
(1) in subparagraph (A)(iii)—
19
(A) by striking ‘‘12 percent’’ and inserting
20
‘‘5 percent’’; and
21
(B) by striking ‘‘2013’’ and inserting
22
‘‘2025’’; and
23
(2) by striking subparagraph (C) and inserting
24
the following:
25
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•HR 1 RH
‘‘(C) LIMITATION ON UNOBLIGATED BAL-
1
ANCES.—With respect to a fiscal year, the
2
amount of unobligated balances of the Bureau
3
may not exceed 5 percent of the dollar amount
4
referred to in subparagraph (A)(iii), as adjusted
5
under subparagraph (B). The Director shall
6
transfer any excess amount of such unobligated
7
balances to the general fund of the Treasury.’’.
8
SEC. 50004. CONSUMER FINANCIAL CIVIL PENALTY FUND.
9
Section 1017(d) of the Consumer Financial Protec-
10
tion Act of 2010 (12 U.S.C. 5497(d)) is amended—
11
(1) in paragraph (2)—
12
(A) in the first sentence, by inserting ‘‘di-
13
rect’’ before ‘‘victims’’; and
14
(B) by striking the second sentence; and
15
(2) by adding at the end the following:
16
‘‘(3) TREATMENT OF EXCESS AMOUNTS.—With
17
respect to a civil penalty described under paragraph
18
(1), if the Bureau makes payments to all of the di-
19
rect victims of activities for which that civil penalty
20
was imposed, the Bureau shall transfer all amounts
21
that remain in the Civil Penalty Fund with respect
22
to that civil penalty to the general fund of the
23
Treasury.’’.
24
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458
•HR 1 RH
SEC. 50005. FINANCIAL RESEARCH FUND.
1
Section 155 of the Financial Stability Act of 2010
2
(12 U.S.C. 5345) is amended by adding at the end the
3
following:
4
‘‘(e) LIMITATION ON ASSESSMENTS AND THE FINAN-
5
CIAL RESEARCH FUND.—
6
‘‘(1) LIMITATION
ON
ASSESSMENTS.—Assess-
7
ments may not be collected under subsection (d) if
8
the assessments would result in—
9
‘‘(A) the Financial Research Fund exceed-
10
ing the average annual budget amount; or
11
‘‘(B) the total assessments collected during
12
a single fiscal year exceeding the average an-
13
nual budget amount.
14
‘‘(2) TRANSFER
OF
EXCESS
FUNDS.—Any
15
amounts in the Financial Research Fund exceeding
16
the average annual budget amount shall be deposited
17
into the general fund of the Treasury.
18
‘‘(3) AVERAGE ANNUAL BUDGET AMOUNT DE-
19
FINED.—In this subsection the term ‘average annual
20
budget amount’ means the annual average, over the
21
3 most recently completed fiscal years, of the ex-
22
penses of the Council in carrying out the duties and
23
responsibilities of the Council that were paid by the
24
Office using amounts obtained through assessments
25
under subsection (d).’’.
26
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459
•HR 1 RH
TITLE VI—COMMITTEE ON
1
HOMELAND SECURITY
2
SEC. 60001. BORDER BARRIER SYSTEM CONSTRUCTION,
3
INVASIVE SPECIES, AND BORDER SECURITY
4
FACILITIES IMPROVEMENTS.
5
In addition to amounts otherwise available, there is
6
appropriated to the Commissioner of U.S. Customs and
7
Border Protection for fiscal year 2025, out of any money
8
in the Treasury not otherwise appropriated, to remain
9
available until September 30, 2029, the following:
10
(1) $46,500,000,000 for necessary expenses re-
11
lating to the following:
12
(A) Construction, installation, or improve-
13
ment of primary, waterborne, and secondary
14
barriers.
15
(B) Access roads.
16
(C) Barrier system attributes, including
17
cameras, lights, sensors, roads, and other detec-
18
tion technology.
19
(2) $50,000,000 for necessary expenses relating
20
to eradication and removal of the carrizo cane plant,
21
salt cedar, or any other invasive plant species that
22
impedes border security operations along the Rio
23
Grande River.
24
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(3) $5,000,000,000 for necessary expenses re-
1
lating to lease, acquisition, construction, or improve-
2
ment of U.S. Customs and Border Protection facili-
3
ties and checkpoints in the vicinity of the southwest,
4
northern, and maritime borders.
5
SEC. 60002. U.S. CUSTOMS AND BORDER PROTECTION PER-
6
SONNEL AND FLEET VEHICLES.
7
(a) CBP PERSONNEL.—In addition to amounts oth-
8
erwise available, there is appropriated to the Commis-
9
sioner of U.S. Customs and Border Protection for fiscal
10
year 2025, out of any money in the Treasury not otherwise
11
appropriated, $4,100,000,000, to remain available until
12
September 30, 2029, to hire and train additional Border
13
Patrol agents, Office of Field Operations Officers, Air and
14
Marine agents, rehired annuitants, and U.S. Customs and
15
Border Protection support personnel.
16
(b) RESTRICTIONS.—None of the funds made avail-
17
able by subsection (a) may be used to recruit, hire, or train
18
personnel for the duties of processing coordinators.
19
(c) CBP RETENTION AND HIRING BONUSES.—In ad-
20
dition to amounts otherwise available, there is appro-
21
priated to the Commissioner of U.S. Customs and Border
22
Protection for fiscal year 2025, out of any money in the
23
Treasury not otherwise appropriated, $2,052,630,000, to
24
remain available until September 30, 2029, to provide an-
25
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nual retention bonuses or signing bonuses to eligible Bor-
1
der Patrol agents, Office of Field Operations Officers, and
2
Air and Marine agents.
3
(d) CBP VEHICLES.—In addition to amounts other-
4
wise available, there is appropriated to the Commissioner
5
of U.S. Customs and Border Protection for fiscal year
6
2025, out of any money in the Treasury not otherwise ap-
7
propriated, $813,000,000, to remain available until Sep-
8
tember 30, 2029, for the lease or acquisition of additional
9
marked patrol units.
10
(e) FLETC.—In addition to amounts otherwise avail-
11
able, there is appropriated to the Director of the Federal
12
Law Enforcement Training Center for fiscal year 2025,
13
out of any money in the Treasury not otherwise appro-
14
priated—
15
(1) $285,000,000, to remain available until
16
September 30, 2029, to support the training of
17
newly hired Federal law enforcement personnel em-
18
ployed by the Department of Homeland Security;
19
and
20
(2) $465,000,000, to remain available until
21
September 30, 2029, for procurement and construc-
22
tion, improvements, and related expenses of the Fed-
23
eral Law Enforcement Training Centers facilities.
24
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(f) BORDER SECURITY WORKFORCE RECRUITMENT
1
AND APPLICANT SOURCING.—In addition to amounts oth-
2
erwise available, there is appropriated to the Commis-
3
sioner of U.S. Customs and Border Protection for fiscal
4
year 2025, out of any money in the Treasury not otherwise
5
appropriated, $600,000,000, to remain available until
6
September 30, 2029, for marketing, recruiting, applicant
7
sourcing and vetting, and operational mobility programs
8
for border security personnel.
9
SEC. 60003. U.S. CUSTOMS AND BORDER PROTECTION
10
TECHNOLOGY, NATIONAL VETTING CENTER,
11
AND OTHER EFFORTS TO ENHANCE BORDER
12
SECURITY.
13
(a) CBP TECHNOLOGY.—In addition to amounts oth-
14
erwise available, there is appropriated to the Commis-
15
sioner of U.S. Customs and Border Protection for fiscal
16
year 2025, out of any money in the Treasury not otherwise
17
appropriated, to remain available until September 30,
18
2029, the following:
19
(1) $1,076,317,000 for necessary expenses re-
20
lating to procurement and integration of new non-in-
21
trusive inspection equipment and associated civil
22
works, artificial intelligence, integration, and ma-
23
chine learning, as well as other mission support, to
24
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combat the entry of illicit narcotics along the south-
1
west, northern, and maritime borders.
2
(2) $2,766,000,000 for necessary expenses re-
3
lating to upgrades and procurement of border sur-
4
veillance technologies along the southwest, northern,
5
and maritime borders.
6
(3) $673,000,000 for necessary expenses, in-
7
cluding the deployment of technology, relating to the
8
biometric entry and exit system under section 7208
9
of the Intelligence Reform and Terrorism Prevention
10
Act of 2004 (8 U.S.C. 1365b).
11
(b) RESTRICTIONS.—None of the funds made avail-
12
able pursuant to subsection (a)(2) may be used for the
13
procurement or deployment of surveillance towers that
14
have not been—
15
(1) tested, and
16
(2) accepted,
17
by the Federal Government to deliver autonomous capa-
18
bilities.
19
(c) AIR AND MARINE OPERATIONS.—In addition to
20
amounts otherwise available, there is appropriated to the
21
Commissioner of U.S. Customs and Border Protection for
22
fiscal year 2025, out of any money in the Treasury not
23
otherwise appropriated, $1,234,000,000, to remain avail-
24
able until September 30, 2029, for Air and Marine Oper-
25
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ations’ upgrading and procurement of new platforms for
1
rapid air and marine response capabilities.
2
(d) NATIONAL VETTING CENTER.—In addition to
3
amounts otherwise available, there is appropriated to the
4
Commissioner of U.S. Customs and Border Protection for
5
fiscal year 2025, out of any money in the Treasury not
6
otherwise appropriated, $16,000,000, to remain available
7
until September 30, 2029, for necessary expenses relating
8
to U.S. Customs and Border Protection’s National Vetting
9
Center to support screening, vetting activities, and expan-
10
sion of the criminal history database of foreign nationals.
11
(e) OTHER EFFORTS
TO COMBAT DRUG TRAF-
12
FICKING TO ENHANCE BORDER SECURITY.—In addition
13
to amounts otherwise available, there is appropriated to
14
the Secretary of Homeland Security for fiscal year 2025,
15
out of any money in the Treasury not otherwise appro-
16
priated, $500,000,000, to remain available until Sep-
17
tember 30, 2029, for enhancing border security and com-
18
batting trafficking, including fentanyl and its precursor
19
chemicals, at the southwest, northern, and maritime bor-
20
ders.
21
(f) COMMEMORATIONS.—In addition to amounts oth-
22
erwise available, there is appropriated to the Secretary of
23
Homeland Security for fiscal year 2025, out of any money
24
in the Treasury not otherwise appropriated, $1,000,000,
25
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to remain available until September 30, 2029, for com-
1
memorating efforts and events related to border security.
2
(g) DEFINITION.—In this section, the term ‘‘autono-
3
mous’’ means integrated software and hardware systems
4
that utilize sensors, onboard computing, and artificial in-
5
telligence to identify items of interest that would otherwise
6
be manually identified by U.S. Customs and Border Pro-
7
tection personnel.
8
SEC. 60004. STATE AND LOCAL LAW ENFORCEMENT PRESI-
9
DENTIAL RESIDENCE PROTECTION.
10
(a) PRESIDENTIAL RESIDENCE PROTECTION.—In
11
addition to amounts otherwise available, there is appro-
12
priated to the Administrator of the Federal Emergency
13
Management Agency, for fiscal year 2025, out of any
14
money in the Treasury not otherwise appropriated,
15
$300,000,000, to remain available until September 30,
16
2029, for the reimbursement of extraordinary law enforce-
17
ment personnel costs for protection activities directly and
18
demonstrably associated with any residence of the Presi-
19
dent that is designated pursuant to section 3 of the Presi-
20
dential Protection Assistance Act of 1976 (Public Law
21
94–524) to be secured by the United States Secret Serv-
22
ice.
23
(b) AVAILABILITY.—Funds under subsection (a) shall
24
be available only for costs that a State or local agency—
25
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(1) incurred or incurs on or after July 1, 2024;
1
(2) can demonstrate to the Administrator of the
2
Federal Emergency Management Agency as being—
3
(A) in excess of the costs of normal and
4
typical law enforcement operations;
5
(B) directly attributable to the provision of
6
protection described in such subsection; and
7
(C) associated with a non-governmental
8
property designated pursuant to section 3 of
9
the Presidential Protection Assistance Act of
10
1976 (Public Law 94–524) to be secured by the
11
United States Secret Service; and
12
(3) certifies to the Administrator as being for
13
protection activities requested by the Director of the
14
United States Secret Service.
15
SEC. 60005. STATE HOMELAND SECURITY GRANT PRO-
16
GRAM.
17
In addition to amounts otherwise available, there is
18
appropriated to the Administrator of the Federal Emer-
19
gency Management Agency, for fiscal year 2025, out of
20
any money in the Treasury, not otherwise appropriated,
21
to be administered under the State Homeland Security
22
Grant Program authorized under section 2004 of the
23
Homeland Security Act of 2002 (6 U.S.C. 605), to en-
24
hance State, local, and Tribal security through grants,
25
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contracts, cooperative agreements, and other activities, of
1
which—
2
(1) $500,000,000, to remain available until
3
September 30, 2029, for State and local capabilities
4
to detect, identify, track, or monitor threats from
5
unmanned aircraft systems (as such term is defined
6
in section 44801 of title 49, United States Code);
7
(2) $625,000,000, to remain available until
8
September 30, 2029, for security, planning, and
9
other costs related to the 2026 FIFA World Cup;
10
(3) $1,000,000,000, to remain available until
11
September 30, 2029, for security, planning, and
12
other costs related to the 2028 Olympics; and
13
(4) $450,000,000, to remain available until
14
September 30, 2029, for the Operation Stonegarden
15
Grant Program.
16
TITLE VII—COMMITTEE ON THE
17
JUDICIARY
18
Subtitle A—Immigration Matters
19
PART 1—IMMIGRATION FEES
20
SEC. 70001. APPLICABILITY OF THE IMMIGRATION LAWS.
21
(a) APPLICABILITY.—Notwithstanding any provision
22
of the immigration laws (as defined under section 101 of
23
the Immigration and Nationality Act), the fees under this
24
subtitle shall apply.
25
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(b) TERMS.—The terms used under this subtitle shall
1
have the meanings given such terms in section 101 of the
2
Immigration and Nationality Act.
3
(c) REFERENCES
TO IMMIGRATION
AND NATION-
4
ALITY ACT.—Except as otherwise expressly provided,
5
whenever this subtitle references a section or other provi-
6
sion, the reference shall be considered to be to a section
7
or other provision of the Immigration and Nationality Act.
8
SEC. 70002. ASYLUM FEE.
9
(a) IN GENERAL.—In addition to any other fee au-
10
thorized by law, the Secretary of Homeland Security or
11
the Attorney General, as applicable, shall impose a fee in
12
the amount specified in this section for a fiscal year on
13
each alien who files an application for asylum under sec-
14
tion 208 of the Immigration and Nationality Act at the
15
time such application is filed.
16
(b) INITIAL AMOUNT.—The amount specified in this
17
section for fiscal year 2025 shall be such amount as the
18
Secretary or Attorney General, as applicable, may by rule
19
provide, but in any event not less than $1,000.
20
(c) SUBSEQUENT ADJUSTMENT.—Beginning in fiscal
21
year 2026 and each fiscal year thereafter, the amount
22
specified in this section for a fiscal year shall be equal
23
to the sum of—
24
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(1) the amount imposed under this section for
1
the prior fiscal year; and
2
(2) rounded to the next lowest multiple of $10,
3
the amount referred to in paragraph (1), multiplied
4
by the percentage (if any) by which the Consumer
5
Price Index for All Urban Consumers for the month
6
of July preceding the date on which such adjustment
7
takes effect exceeds the Consumer Price Index for
8
All Urban Consumers for the same month of the
9
preceding calendar year.
10
(d) CREDITING CERTAIN FUNDS.—During any fiscal
11
year, the total amount of fees received under this section
12
shall be credited as follows:
13
(1) 50 percent of fees received from applica-
14
tions filed with the Attorney General shall be cred-
15
ited to the Executive Office for Immigration Review
16
to retain and spend without further appropriation.
17
(2) 50 percent of fees received from applica-
18
tions filed with the Secretary of Homeland Security
19
shall be credited to U.S. Citizenship and Immigra-
20
tion Services and deposited into the Immigration
21
Examinations Fee Account established under section
22
286(m) of the Immigration and Nationality Act (8
23
U.S.C. 1356(m)) to retain and spend without fur-
24
ther appropriation.
25
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(3) Any amounts not credited to the Executive
1
Office for Immigration Review or U.S. Citizenship
2
and Immigration Services shall be credited as offset-
3
ting receipts and deposited into the general fund of
4
the Treasury.
5
(e) NO WAIVER.—A fee imposed under this section
6
shall not be waived or reduced.
7
SEC. 70003. EMPLOYMENT AUTHORIZATION DOCUMENT
8
FEES.
9
(a) ASYLUM APPLICANTS.—
10
(1) IN GENERAL.—In addition to any other fee
11
authorized by law, the Secretary of Homeland Secu-
12
rity shall impose on any alien who files an initial ap-
13
plication for employment authorization under section
14
208(d)(2) of the Immigration and Nationality Act a
15
fee in the amount specified in this subsection at the
16
time such initial employment authorization applica-
17
tion is filed. Each initial employment authorization
18
shall be valid for a period of not more than six
19
months.
20
(2) INITIAL AMOUNT.— For purposes of this
21
subsection, the amount specified in this subsection
22
for fiscal year 2025 shall be such amount as the
23
Secretary may by rule provide, but in any event not
24
less than $550.
25
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(3) SUBSEQUENT ADJUSTMENT.—Beginning in
1
fiscal year 2026 and each fiscal year thereafter, the
2
amount for a fiscal year shall be equal to the sum
3
of—
4
(A) the amount imposed under this section
5
for the prior fiscal year; and
6
(B) rounded to the next lowest multiple of
7
$10, the amount referred to in subparagraph
8
(A), multiplied by the percentage (if any) by
9
which the Consumer Price Index for All Urban
10
Consumers for the month of July preceding the
11
date on which such adjustment takes effect ex-
12
ceeds the Consumer Price Index for All Urban
13
Consumers for the same month of the preceding
14
calendar year.
15
(4) CREDITING OF FUNDS.—25 percent of fees
16
received under this section shall be credited to U.S.
17
Citizenship and Immigration Services and deposited
18
into the Immigration Examinations Fee Account es-
19
tablished under section 286(m) of the Immigration
20
and Nationality Act (8 U.S.C. 1356(m)) to retain
21
and spend without further appropriation, of which
22
50 percent shall be used by U.S. Citizenship and Im-
23
migration Services to detect and prevent immigra-
24
tion benefit fraud. Any amounts not credited to U.S.
25
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Citizenship and Immigration Services under this sec-
1
tion shall be credited as offsetting receipts and de-
2
posited into the general fund of the Treasury.
3
(5) NO
WAIVER.—A fee imposed under this
4
subsection shall not be waived or reduced.
5
(b) PAROLE.—
6
(1) IN GENERAL.—In addition to any other fee
7
authorized by law, the Secretary of Homeland Secu-
8
rity shall impose on any alien paroled into the
9
United States a fee for any initial application for
10
employment authorization in an amount specified in
11
this subsection at the time such initial application is
12
filed. Each initial employment authorization shall be
13
valid for a period of not more than six months.
14
(2) INITIAL
AMOUNT.—For purposes of this
15
subsection, the amount specified in this subsection
16
for fiscal year 2025 shall be such amount as the
17
Secretary may by rule provide, but in any event not
18
less than $550.
19
(3) SUBSEQUENT ADJUSTMENT.—Beginning in
20
fiscal year 2026 and each fiscal year thereafter, the
21
amount specified in this subsection for a fiscal year
22
shall be equal to the sum of—
23
(A) the amount imposed under this sub-
24
section for the prior fiscal year; and
25
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(B) rounded to the next lowest multiple of
1
$10, the amount referred to in subparagraph
2
(A), multiplied by the percentage (if any) by
3
which the Consumer Price Index for All Urban
4
Consumers for the month of July preceding the
5
date on which such adjustment takes effect ex-
6
ceeds the Consumer Price Index for All Urban
7
Consumers for the same month of the preceding
8
calendar year.
9
(4) CREDITING OF FUNDS.—The fees received
10
under this section shall be credited as offsetting re-
11
ceipts and deposited into the general fund of the
12
Treasury.
13
(5) NO
WAIVER.—A fee imposed under this
14
subsection shall not be waived or reduced.
15
(c) TEMPORARY PROTECTED STATUS.—
16
(1) IN GENERAL.—In addition to any other fee
17
authorized by law, for any alien who files an initial
18
application for employment authorization under sec-
19
tion 244(a)(1)(B) of the Immigration and Nation-
20
ality Act, the Secretary of Homeland Security shall
21
impose a fee in an amount specified in this sub-
22
section at the time such initial application is filed.
23
Each initial employment authorization shall be valid
24
for a period of not more than six months.
25
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•HR 1 RH
(2) INITIAL
AMOUNT.—For purposes of this
1
subsection, the amount specified in this subsection
2
for fiscal year 2025 shall be such amount as the
3
Secretary may by rule provide, but in any event not
4
less than $550.
5
(3) SUBSEQUENT ADJUSTMENT.—Beginning in
6
fiscal year 2026 and each fiscal year thereafter, the
7
amount specified in this subsection for a fiscal year
8
shall be equal to the sum of—
9
(A) the amount imposed under this sub-
10
section for the prior fiscal year; and
11
(B) rounded to the next lowest multiple of
12
$10, the amount referred to in subparagraph
13
(A), multiplied by the percentage (if any) by
14
which the Consumer Price Index for All Urban
15
Consumers for the month of July preceding the
16
date on which such adjustment takes effect ex-
17
ceeds the Consumer Price Index for All Urban
18
Consumers for the same month of the preceding
19
calendar year.
20
(4) CREDITING OF CERTAIN FUNDS.—The fees
21
received under this section shall be credited as off-
22
setting receipts and deposited into the general fund
23
of the Treasury.
24
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(5) NO
WAIVER.—A fee imposed under this
1
subsection shall not be waived or reduced.
2
SEC. 70004. PAROLE FEE.
3
(a) IN GENERAL.—In addition to any other fee au-
4
thorized by law, the Secretary of Homeland Security shall
5
impose a fee in an amount specified in this section on each
6
alien who is paroled into the United States, except if, as
7
established by the alien, the alien is paroled because—
8
(1) the alien has a medical emergency, and—
9
(A) the alien cannot obtain necessary
10
treatment in the foreign state in which the alien
11
is residing; or
12
(B) the medical emergency is life-threat-
13
ening and there is insufficient time for the alien
14
to be admitted to the United States through the
15
normal visa process;
16
(2) the alien is the parent or legal guardian of
17
an alien described in paragraph (1) and the alien de-
18
scribed in paragraph (1) is a minor;
19
(3) the alien is needed in the United States to
20
donate an organ or other tissue for transplant and
21
there is insufficient time for the alien to be admitted
22
to the United States through the normal visa proc-
23
ess;
24
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(4) the alien has a close family member in the
1
United States whose death is imminent and the alien
2
could not arrive in the United States in time to see
3
such family member alive if the alien were to be ad-
4
mitted to the United States through the normal visa
5
process;
6
(5) the alien is seeking to attend the funeral of
7
a close family member and the alien could not arrive
8
in the United States in time to attend such funeral
9
if the alien were to be admitted to the United States
10
through the normal visa process;
11
(6) the alien is an adopted child with an urgent
12
medical condition who is in the legal custody of the
13
petitioner for a final adoption-related visa and whose
14
medical treatment is required before the expected
15
award of a final adoption-related visa;
16
(7) the alien is a lawful applicant for adjust-
17
ment of status under section 245 of the Immigration
18
and Nationality Act and is returning to the United
19
States after temporary travel abroad;
20
(8) the alien is returned to a contiguous coun-
21
try under section 235(b)(2)(C) of the Immigration
22
and Nationality Act and paroled into the United
23
States to allow the alien to attend the alien’s immi-
24
gration hearing;
25
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(9) the alien—
1
(A) is a national of the Republic of Cuba
2
and is living in the Republic of Cuba;
3
(B) is the beneficiary of an approved peti-
4
tion under section 203(a) of the Immigration
5
and Nationality Act;
6
(C) is an alien for whom an immigrant
7
visa is not immediately available;
8
(D) meets all eligibility requirements for
9
an immigrant visa;
10
(E) is not otherwise inadmissible; and
11
(F) is receiving a grant of parole in fur-
12
therance of the commitment of the United
13
States to the minimum level of annual legal mi-
14
gration of Cuban nationals to the United States
15
specified in the U.S.-Cuba Joint Communique´
16
on Migration, done at New York September 9,
17
1994, and reaffirmed in the Cuba-United
18
States: Joint Statement on Normalization of
19
Migration, Building on the Agreement of Sep-
20
tember 9, 1994, done at New York May 2,
21
1995; or
22
(10) the Secretary of Homeland Security deter-
23
mines that a significant public benefit has resulted
24
or will result from the parole of an alien only if—
25
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•HR 1 RH
(A) the alien has assisted or will assist the
1
United States Government in a law enforcement
2
matter;
3
(B) the alien’s presence is required by the
4
Government in furtherance of such law enforce-
5
ment matter; and
6
(C) the alien is inadmissible, does not sat-
7
isfy the eligibility requirements for admission as
8
a nonimmigrant, or there is insufficient time for
9
the alien to be admitted to the United States
10
through the normal visa process.
11
(b) INITIAL AMOUNT.—For purposes of this section,
12
the amount specified in this subsection for fiscal year
13
2025 shall be such amount as the Secretary may by rule
14
provide, but in any event not less than $1,000.
15
(c) SUBSEQUENT ADJUSTMENT.—Beginning in fiscal
16
year 2026 and each fiscal year thereafter, the amount
17
specified in this section for a fiscal year shall be equal
18
to the sum of—
19
(1) the amount imposed under this section for
20
the prior fiscal year; and
21
(2) rounded to the next lowest multiple of $10,
22
the amount referred to in paragraph (1), multiplied
23
by the percentage (if any) by which the Consumer
24
Price Index for All Urban Consumers for the month
25
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•HR 1 RH
of July preceding the date on which such adjustment
1
takes effect exceeds the Consumer Price Index for
2
All Urban Consumers for the same month of the
3
preceding calendar year.
4
(d) CREDITING OF FUNDS.—Fees received under this
5
section shall be credited as offsetting receipts and depos-
6
ited in the general fund of the Treasury.
7
(e) NO WAIVER.—A fee imposed under this section
8
shall not be waived or reduced.
9
SEC. 70005. SPECIAL IMMIGRANT JUVENILE FEE.
10
(a) IN GENERAL.—In addition to any other fee au-
11
thorized by law, the Secretary of Homeland Security shall
12
impose a fee in an amount specified in this section on any
13
alien applying for special immigrant juvenile status under
14
section 101(a)(27)(J) of the Immigration and Nationality
15
Act if reunification with 1 parent or legal guardian is via-
16
ble, notwithstanding abuse, neglect, abandonment, or a
17
similar basis found under State law making reunification
18
with the other parent or legal guardian not viable.
19
(b) INITIAL AMOUNT.—For purposes of this sub-
20
section, the amount specified in this section for fiscal year
21
2025 shall be such amount as the Secretary may by rule
22
provide, but in any event not less than $500.
23
(c) SUBSEQUENT ADJUSTMENT.—Beginning in fiscal
24
year 2026 and each fiscal year thereafter, the amount
25
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•HR 1 RH
specified in this section for a fiscal year shall be equal
1
to the sum of—
2
(1) the amount imposed under this section for
3
the prior fiscal year; and
4
(2) rounded to the next lowest multiple of $10,
5
the amount referred to in paragraph (1), multiplied
6
by the percentage (if any) by which the Consumer
7
Price Index for All Urban Consumers for the month
8
of July preceding the date on which such adjustment
9
takes effect exceeds the Consumer Price Index for
10
All Urban Consumers for the same month of the
11
preceding calendar year.
12
(d) CREDITING OF FUNDS.—Fees received under this
13
section shall be credited as offsetting receipts and depos-
14
ited in the general fund of the Treasury.
15
(e) NO WAIVER.—A fee imposed under this section
16
shall not be waived or reduced.
17
SEC. 70006. TEMPORARY PROTECTED STATUS FEE.
18
(a) IN GENERAL.—In addition to any other fee au-
19
thorized by law, the Secretary of Homeland Security shall
20
impose a fee in an amount specified in this section for
21
the consideration of an application for temporary pro-
22
tected status under section 244 of the Immigration and
23
Nationality Act on any alien who—
24
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•HR 1 RH
(1) has not been admitted into the United
1
States; or
2
(2) has been admitted to the United States as
3
a nonimmigrant but at the time of application for
4
temporary protected status has failed—
5
(A) to maintain or extend the non-
6
immigrant status in which the alien was admit-
7
ted or to which the status was changed under
8
section 248 of the Immigration and Nationality
9
Act, including complying with the period of stay
10
authorized by the Secretary of Homeland Secu-
11
rity in connection with such status; or
12
(B) to comply with the conditions of such
13
nonimmigrant status.
14
(b) INITIAL AMOUNT.—For purposes of this sub-
15
section, the amount specified in this section for fiscal year
16
2025 shall be such amount as the Secretary may by rule
17
provide, but in any event not less than $500.
18
(c) SUBSEQUENT ADJUSTMENT.—Beginning in fiscal
19
year 2026 and each fiscal year thereafter, the amount
20
specified in this section for a fiscal year shall be equal
21
to the sum of—
22
(1) the amount imposed under this section for
23
the prior fiscal year; and
24
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•HR 1 RH
(2) rounded to the next lowest multiple of $10,
1
the amount referred to in paragraph (1), multiplied
2
by the percentage (if any) by which the Consumer
3
Price Index for All Urban Consumers for the month
4
of July preceding the date on which such adjustment
5
takes effect exceeds the Consumer Price Index for
6
All Urban Consumers for the same month of the
7
preceding calendar year.
8
(d) CREDITING OF FUNDS.—Fees received under this
9
section shall be credited as offsetting receipts and depos-
10
ited in the general fund of the Treasury.
11
(e) NO WAIVER.—A fee imposed under this section
12
shall not be waived or reduced.
13
SEC. 70007. UNACCOMPANIED ALIEN CHILD SPONSOR FEE.
14
(a) IN GENERAL.—In addition to any other fee au-
15
thorized by law, before placing the child with an individual
16
under section 235(c) of the William Wilberforce Traf-
17
ficking Victims Protection Reauthorization Act of 2008,
18
the Secretary of Health and Human Services shall collect
19
from that individual a fee in an amount specified in this
20
section as partial reimbursement to the Federal Govern-
21
ment for the period during which the child was in the cus-
22
tody of the Government, for processing, housing, feeding,
23
educating, transporting, and otherwise providing for the
24
care of the child.
25
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483
•HR 1 RH
(b) INITIAL AMOUNT.—For purposes of this sub-
1
section, the amount specified in this section for fiscal year
2
2025 shall be such amount as the Secretary may by rule
3
provide, but in any event not less than $3,500.
4
(c) SUBSEQUENT ADJUSTMENT.—Beginning in fiscal
5
year 2026 and each fiscal year thereafter, the amount
6
specified in this section for a fiscal year shall be equal
7
to the sum of—
8
(1) the amount imposed under this section for
9
the prior fiscal year; and
10
(2) rounded to the next lowest multiple of $10,
11
the amount referred to in paragraph (1), multiplied
12
by the percentage (if any) by which the Consumer
13
Price Index for All Urban Consumers for the month
14
of July preceding the date on which such adjustment
15
takes effect exceeds the Consumer Price Index for
16
All Urban Consumers for the same month of the
17
preceding calendar year.
18
(d) CREDITING OF FUNDS.—During any fiscal year,
19
the total amount of fees received under this section shall
20
be credited as follows:
21
(1) 25 percent of fees received under this sec-
22
tion shall be credited to the Department of Health
23
and Human Services to retain and spend without
24
further appropriation and shall be used for the pur-
25
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484
•HR 1 RH
pose of conducting background checks of potential
1
sponsors of unaccompanied alien children and of
2
adults residing in potential sponsors’ households,
3
which shall include, at a minimum—
4
(A) the name of the individual and all
5
adult residents of the individual’s household;
6
(B) the social security number of the indi-
7
vidual and all adult residents of the individual’s
8
household;
9
(C) the date of birth of the individual and
10
all adult residents of the individual’s household;
11
(D) the validated location of the individ-
12
ual’s residence where the child will be placed;
13
(E) the immigration status of the indi-
14
vidual and all adult residents of the individual’s
15
household;
16
(F) contact information for the individual
17
and all adult residents of the individual’s house-
18
hold; and
19
(G) the results of all background and
20
criminal records checks for the individual and
21
all adult residents of the individual’s household,
22
which shall include at a minimum an investiga-
23
tion of the public records sex offender registry,
24
a public records background check, and a na-
25
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485
•HR 1 RH
tional criminal history check based on finger-
1
prints.
2
(2) Any amounts not credited to the Depart-
3
ment of Health and Human Services shall be cred-
4
ited as offsetting receipts and deposited into the
5
general fund of the Treasury.
6
(e) NO WAIVER.—A fee imposed under this section
7
shall not be waived or reduced.
8
SEC. 70008. VISA INTEGRITY FEE.
9
(a) VISA INTEGRITY FEE.—
10
(1) IN GENERAL.—In addition to any other fee
11
authorized by law, the Secretary of State shall im-
12
pose a fee in an amount specified in this subsection
13
on each alien issued a nonimmigrant visa by the
14
State Department upon the issuance of such alien’s
15
nonimmigrant visa.
16
(2) INITIAL
AMOUNT.—For purposes of this
17
subsection, the amount specified in this subsection
18
for fiscal year 2025 shall be such amount as the
19
Secretary may by rule provide, but in any event not
20
less than $250.
21
(3) SUBSEQUENT ADJUSTMENT.—Beginning in
22
fiscal year 2026 and each fiscal year thereafter, the
23
amount specified in this subsection for a fiscal year
24
shall be equal to the sum of—
25
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486
•HR 1 RH
(A) the amount imposed under this section
1
for the prior fiscal year; and
2
(B) rounded to the next lowest multiple of
3
$1, the amount referred to in subparagraph
4
(A), multiplied by the percentage (if any) by
5
which the Consumer Price Index for All Urban
6
Consumers for the month of July preceding the
7
date on which such adjustment takes effect ex-
8
ceeds the Consumer Price Index for All Urban
9
Consumers for the same month of the preceding
10
calendar year.
11
(4) CREDITING OF FUNDS.—The fees received
12
under this subsection that are not reimbursed in ac-
13
cordance with subsection (b) shall be credited as off-
14
setting receipts and deposited in the general fund of
15
the Treasury.
16
(5) NO
WAIVER.—A fee imposed under this
17
subsection shall not be waived or reduced.
18
(b) FEE REIMBURSEMENT.—The Secretary of State
19
may reimburse to an alien a fee imposed under this section
20
on that alien for the issuance of a nonimmigrant visa after
21
the expiration of such nonimmigrant visa’s period of valid-
22
ity if the alien demonstrates that—
23
(1) the alien has not sought admission during
24
such period of validity;
25
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487
•HR 1 RH
(2) the alien, after admission to the United
1
States pursuant to such nonimmigrant visa, com-
2
plied with all conditions of such nonimmigrant visa,
3
including the condition that an alien shall not accept
4
unauthorized employment, and that the alien de-
5
parted the United States not later than 5 days after
6
the date on which the alien was authorized to re-
7
main in the United States; or
8
(3) the alien filed to extend, change, or adjust
9
such status within the nonimmigrant visa’s period of
10
validity.
11
SEC. 70009. FORM I–94 FEE.
12
(a) FEE AUTHORIZED.—In addition to any other fee
13
authorized by law, the Secretary of Homeland Security
14
shall impose a fee in an amount specified in subsection
15
(b) on any alien upon the alien’s application for a Form
16
I–94 Arrival/Departure Record.
17
(b) FEE SPECIFIED.—
18
(1) INITIAL AMOUNT.—The amount specified in
19
this subsection for fiscal year 2025 shall be such
20
amount as the Secretary may by rule provide, but in
21
any event not less than $24.
22
(2) SUBSEQUENT ADJUSTMENT.—Beginning in
23
fiscal year 2026 and each fiscal year thereafter, the
24
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488
•HR 1 RH
amount specified in this subsection for a fiscal year
1
shall be equal to the sum of—
2
(A) the amount imposed under this section
3
for the prior fiscal year; and
4
(B) the amount referred to in subpara-
5
graph (A), multiplied by the percentage (if any)
6
by which the Consumer Price Index for All
7
Urban Consumers for the month of July pre-
8
ceding the date on which such adjustment takes
9
effect exceeds the Consumer Price Index for All
10
Urban Consumers for the same month of the
11
preceding calendar year.
12
(c) CREDITING OF FUNDS.—During any fiscal year,
13
the total amount of fees received under this section shall
14
be credited as follows:
15
(1) 20 percent of the fee collected under this
16
section for each application shall be deposited pursu-
17
ant to section 286(q)(2) of the Immigration and Na-
18
tionality Act (8 U.S.C. 1356(q)(2)) and made avail-
19
able to U.S. Customs and Border Protection to re-
20
tain and spend without further appropriation for the
21
purpose of processing Form I–94.
22
(2) Any amounts not credited to U.S. Customs
23
and Border Protection shall be credited as offsetting
24
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489
•HR 1 RH
receipts and deposited in the general fund of the
1
Treasury.
2
(d) NO WAIVER.—A fee imposed under this section
3
shall not be waived or reduced.
4
SEC. 70010. YEARLY ASYLUM FEE.
5
(a) FEE AUTHORIZED.—In addition to any other fee
6
authorized by law, for each calendar year that an alien’s
7
application for asylum remains pending, the Secretary of
8
Homeland Security or the Attorney General, as applicable,
9
shall impose a fee in an amount specified in subsection
10
(b) on that alien.
11
(b) FEE SPECIFIED.—
12
(1) INITIAL AMOUNT.—The amount specified in
13
this subsection for fiscal year 2025 shall be such
14
amount as the Secretary and the Attorney General
15
may by rule provide, but in any event not less than
16
$100.
17
(2) SUBSEQUENT ADJUSTMENT.—Beginning in
18
fiscal year 2026 and each fiscal year thereafter, the
19
amount specified in this subsection for a fiscal year
20
shall be equal to the sum of—
21
(A) the amount imposed under this section
22
for the prior fiscal year; and
23
(B) the amount referred to in subpara-
24
graph (A), multiplied by the percentage (if any)
25
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•HR 1 RH
by which the Consumer Price Index for All
1
Urban Consumers for the month of July pre-
2
ceding the date on which such adjustment takes
3
effect exceeds the Consumer Price Index for All
4
Urban Consumers for the same month of the
5
preceding calendar year.
6
(c) CREDITING OF FUNDS.—The fees received under
7
this section shall be credited as offsetting receipts and de-
8
posited in the general fund of the Treasury.
9
(d) NO WAIVER.—A fee imposed under this section
10
shall not be waived or reduced.
11
SEC. 70011. FEE FOR CONTINUANCES GRANTED IN IMMI-
12
GRATION COURT PROCEEDINGS.
13
(a) IN GENERAL.—In addition to any other fee au-
14
thorized by law, the Attorney General shall impose a fee
15
in an amount specified in subsection (b) on any alien who
16
requests and is granted a continuance by an immigration
17
judge for each such continuance.
18
(b) FEE SPECIFIED.—
19
(1) INITIAL AMOUNT.—The amount specified in
20
this subsection for fiscal year 2025 shall be such
21
amount as the Attorney General may by rule pro-
22
vide, but in any event not less than $100.
23
(2) SUBSEQUENT ADJUSTMENT.—Beginning in
24
fiscal year 2026 and each fiscal year thereafter, the
25
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491
•HR 1 RH
amount specified in this subsection for a fiscal year
1
shall be equal to the sum of—
2
(A) the amount imposed under this section
3
for the prior fiscal year; and
4
(B) the amount referred to in subpara-
5
graph (A), multiplied by the percentage (if any)
6
by which the Consumer Price Index for All
7
Urban Consumers for the month of July pre-
8
ceding the date on which such adjustment takes
9
effect exceeds the Consumer Price Index for All
10
Urban Consumers for the same month of the
11
preceding calendar year.
12
(c) CREDITING OF CERTAIN FUNDS.—Amounts re-
13
ceived as fees under this section shall be credited as offset-
14
ting receipts and deposited in the general fund of the
15
Treasury.
16
(d) NO WAIVER.—A fee imposed under this section
17
shall not be waived or reduced, except no fee shall be im-
18
posed on any alien whose request for a continuance is
19
granted based on exceptional circumstances (as such term
20
is defined in section 240 of the Immigration and Nation-
21
ality Act).
22
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•HR 1 RH
SEC. 70012. FEE RELATING TO RENEWAL AND EXTENSION
1
OF EMPLOYMENT AUTHORIZATION FOR PA-
2
ROLEES.
3
(a) FEE IMPOSED.—In addition to any other fee au-
4
thorized by law, for a parolee who seeks a renewal or ex-
5
tension of employment authorization based on a grant of
6
parole, the Secretary of Homeland Security shall impose
7
a fee in an amount specified in subsection (b).
8
(b) FEE SPECIFIED.—
9
(1) INITIAL AMOUNT.—The amount specified in
10
this subsection for fiscal year 2025 shall be such
11
amount as the Secretary may by rule provide, but in
12
any event not less than $550.
13
(2) SUBSEQUENT ADJUSTMENT.—Beginning in
14
fiscal year 2026 and each fiscal year thereafter, the
15
amount specified in this subsection for a fiscal year
16
shall be equal to the sum of—
17
(A) the amount imposed under this sub-
18
section for the prior fiscal year; and
19
(B) rounded to the next lowest multiple of
20
$10, the amount referred to in subparagraph
21
(A), multiplied by the percentage (if any) by
22
which the Consumer Price Index for All Urban
23
Consumers for the month of July preceding the
24
date on which such adjustment takes effect ex-
25
ceeds the Consumer Price Index for All Urban
26
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Consumers for the same month of the preceding
1
calendar year.
2
(c) IN GENERAL.—The employment authorization for
3
any alien paroled into the United States, or any renewal
4
or extension thereof, shall be valid for a period of not more
5
than six months.
6
(d) CREDITING OF FUNDS.—The fees received under
7
this section shall be credited as offsetting receipts and de-
8
posited into the general fund of the Treasury.
9
(e) NO WAIVER.—A fee imposed under this sub-
10
section shall not be waived or reduced.
11
SEC. 70013. FEE RELATING TO TERMINATION, RENEWAL,
12
AND EXTENSION OF EMPLOYMENT AUTHOR-
13
IZATION FOR ASYLUM APPLICANTS.
14
(a) FEE IMPOSED.—In addition to any other fee au-
15
thorized by law, for any alien who applies for asylum and
16
who seeks a renewal or extension of employment author-
17
ization based on such application, the Secretary of Home-
18
land Security shall impose a fee of not less than $550 for
19
each such renewal or extension, in accordance with sub-
20
section (b).
21
(b) EMPLOYMENT AUTHORIZATION.—The Secretary
22
of Homeland Security may provide employment authoriza-
23
tion to an applicant for asylum for a period of not more
24
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•HR 1 RH
than six months. Each renewal or extension thereof shall
1
also be valid for a period of not more than six months.
2
(c) TERMINATION.—Each initial employment author-
3
ization, or renewal or extension of such authorization,
4
shall terminate as follows:
5
(1) Immediately following the denial of an asy-
6
lum application by an asylum officer, unless the case
7
is referred to an immigration judge.
8
(2) On the date that is 30 days after the date
9
on which an immigration judge denies an asylum ap-
10
plication, unless the alien makes a timely appeal to
11
the Board of Immigration Appeals.
12
(3) Immediately following the denial by the
13
Board of Immigration Appeals of an appeal of a de-
14
nial of an asylum application.
15
(d) PROHIBITION.—The Secretary of Homeland Se-
16
curity shall not grant, renew, or extend employment au-
17
thorization to an alien if the alien was previously granted
18
employment authorization as an applicant for asylum and
19
the employment authorization was terminated pursuant to
20
a circumstance described in subsection (c), unless a Fed-
21
eral Court of Appeals remands the alien’s case to the
22
Board of Immigration Appeals.
23
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•HR 1 RH
(e) CREDITING OF FUNDS.—The total amount of fees
1
received under this section shall be credited as offsetting
2
receipts and deposited in the general fund of the Treasury.
3
(f) NO WAIVER.—A fee imposed under this sub-
4
section shall not be waived or reduced.
5
SEC. 70014. FEE RELATING TO RENEWAL AND EXTENSION
6
OF
EMPLOYMENT
AUTHORIZATION
FOR
7
ALIENS GRANTED TEMPORARY PROTECTED
8
STATUS.
9
(a) FEE IMPOSED.—In addition to any other fee au-
10
thorized by law, for any alien who seeks a renewal or ex-
11
tension of employment authorization based on a grant of
12
temporary protected status, the Secretary of Homeland
13
Security shall impose a fee in an amount specified in sub-
14
section (b) at the time of each such renewal or extension.
15
(b) FEE SPECIFIED.—
16
(1) INITIAL AMOUNT.—The amount specified in
17
this subsection for fiscal year 2025 shall be such
18
amount as the Secretary may by rule provide, but in
19
any event not less than $550.
20
(2) SUBSEQUENT ADJUSTMENT.—Beginning in
21
fiscal year 2026 and each fiscal year thereafter, the
22
amount specified in this subsection for a fiscal year
23
shall be equal to the sum of—
24
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•HR 1 RH
(A) the amount imposed under this sub-
1
section for the prior fiscal year; and
2
(B) rounded to the next lowest multiple of
3
$10, the amount referred to in subparagraph
4
(A), multiplied by the percentage (if any) by
5
which the Consumer Price Index for All Urban
6
Consumers for the month of July preceding the
7
date on which such adjustment takes effect ex-
8
ceeds the Consumer Price Index for All Urban
9
Consumers for the same month of the preceding
10
calendar year.
11
(c) EMPLOYMENT AUTHORIZATION.—Any employ-
12
ment authorization for an alien granted temporary pro-
13
tected status, or any renewal or extension thereof, shall
14
be valid for a period of not more than six months.
15
(d) CREDITING OF FUNDS.—The fees received under
16
this section shall be credited as offsetting receipts and de-
17
posited into the general fund of the Treasury.
18
(e) NO WAIVER.—A fee imposed under this sub-
19
section shall not be waived or reduced.
20
SEC. 70015. DIVERSITY IMMIGRANT VISA FEES.
21
(a) FEE FOR FILING A DIVERSITY IMMIGRANT VISA
22
APPLICATION.—
23
(1) IN GENERAL.—In addition to any other fee
24
authorized by law, the Secretary of State shall im-
25
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497
•HR 1 RH
pose on any alien who files an application for a di-
1
versity immigrant visa as described in section 203(c)
2
of the Immigration and Nationality Act (8 U.S.C.
3
1153(c)) a fee in the amount specified in this sub-
4
section at the time such application is filed.
5
(2) FEE SPECIFIED.—
6
(A) INITIAL AMOUNT.—The amount speci-
7
fied in this subsection for fiscal year 2025 shall
8
be such amount as the Secretary may by rule
9
provide, but in any event not less than $400.
10
(B) SUBSEQUENT
ADJUSTMENT.—Begin-
11
ning in fiscal year 2026 and each fiscal year
12
thereafter, the amount specified in this sub-
13
section for a fiscal year shall be equal to the
14
sum of—
15
(i) the amount imposed under this
16
subsection for the prior fiscal year; and
17
(ii) rounded to the next lowest mul-
18
tiple of $10, the amount referred to in
19
clause (i), multiplied by the percentage (if
20
any) by which the Consumer Price Index
21
for All Urban Consumers for the month of
22
July preceding the date on which such ad-
23
justment takes effect exceeds the Con-
24
sumer Price Index for All Urban Con-
25
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sumers for the same month of the pre-
1
ceding calendar year.
2
(b) FEE FOR ALIENS WHO REGISTER FOR THE DI-
3
VERSITY IMMIGRANT VISA PROGRAM.—
4
(1) IN GENERAL.—In addition to any other fee
5
authorized by law, the Secretary of State shall im-
6
pose on any alien who registers for the diversity im-
7
migrant visa program, as described in section 203(c)
8
of the Immigration and Nationality Act (8 U.S.C.
9
1153(c)) a fee in the amount specified in this sub-
10
section at the time of registration.
11
(2) FEE SPECIFIED.—
12
(A) INITIAL AMOUNT.—The amount speci-
13
fied in this subsection for fiscal year 2025 shall
14
be such amount as the Secretary may by rule
15
provide, but in any event not less than $250.
16
(B) SUBSEQUENT
ADJUSTMENT.—Begin-
17
ning in fiscal year 2026 and each fiscal year
18
thereafter, the amount specified in this sub-
19
section for a fiscal year shall be equal to the
20
sum of—
21
(i) the amount imposed under this
22
subsection for the prior fiscal year; and
23
(ii) the amount referred to in clause
24
(i), multiplied by the percentage (if any) by
25
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499
•HR 1 RH
which the Consumer Price Index for All
1
Urban Consumers for the month of July
2
preceding the date on which such adjust-
3
ment takes effect exceeds the Consumer
4
Price Index for All Urban Consumers for
5
the same month of the preceding calendar
6
year.
7
(c) CREDITING OF FUNDS.—During any fiscal year,
8
the total amount of fees received under this section shall
9
be credited as follows:
10
(1) 10 percent of fees received shall be credited
11
to the Department of State to retain and spend
12
without further appropriation to detect and prevent
13
fraud in the diversity immigrant visa program and
14
to offset costs associated with such program.
15
(2) 10 percent of fees received shall be credited
16
to U.S. Immigration and Customs Enforcement to
17
retain and spend without further appropriation for
18
the purpose of detention and immigration enforce-
19
ment and removal operations.
20
(3) Any amounts not credited under this sub-
21
section to the Department of State or U.S. Immigra-
22
tion and Customs Enforcement shall be credited as
23
offsetting receipts and deposited into the general
24
fund of the Treasury.
25
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500
•HR 1 RH
(d) NO WAIVER.—A fee imposed under this section
1
shall not be waived or reduced.
2
SEC. 70016. EOIR FEES.
3
(a) FEE FOR FILING AN APPLICATION TO ADJUST
4
STATUS
TO THAT
OF
A LAWFUL PERMANENT RESI-
5
DENT.—
6
(1) IN GENERAL.—In addition to any other fees
7
authorized by law, the Attorney General shall impose
8
on any alien who files with an immigration court an
9
application to adjust the alien’s status to that of a
10
lawful permanent resident, or whose application to
11
adjust status to that of a lawful permanent resident
12
is adjudicated in immigration court, a fee in the
13
amount specified in this subsection at the time such
14
application is filed, or, as applicable, prior to the ad-
15
judication of such application in immigration court.
16
(2) FEE SPECIFIED.—
17
(A) INITIAL AMOUNT.—The amount speci-
18
fied in this subsection for fiscal year 2025 shall
19
be such amount as the Attorney General may
20
by rule provide, but in any event not less than
21
$1,500.
22
(B) SUBSEQUENT
ADJUSTMENT.—Begin-
23
ning in fiscal year 2026 and each fiscal year
24
thereafter, the amount specified in this sub-
25
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501
•HR 1 RH
section for a fiscal year shall be equal to the
1
sum of—
2
(i) the amount imposed under this
3
subsection for the prior fiscal year; and
4
(ii) rounded to the next lowest mul-
5
tiple of $10, the amount referred to in
6
clause (i), multiplied by the percentage (if
7
any) by which the Consumer Price Index
8
for All Urban Consumers for the month of
9
July preceding the date on which such ad-
10
justment takes effect exceeds the Con-
11
sumer Price Index for All Urban Con-
12
sumers for the same month of the pre-
13
ceding calendar year.
14
(3) CREDITING CERTAIN FUNDS.—During any
15
fiscal year, not more than 50 percent of the total
16
amount of fees received under this section shall be
17
derived by transfer from the Immigration Examina-
18
tions Fee Account under section 286(n) of the Im-
19
migration and Nationality Act and credited to the
20
Executive Office for Immigration Review to retain
21
and spend without further appropriation. Any
22
amounts not credited under the previous sentence
23
shall be credited as offsetting receipts and deposited
24
into the general fund of the Treasury.
25
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•HR 1 RH
(b) FEE FOR FILING AN APPLICATION FOR WAIVER
1
OF GROUNDS OF INADMISSIBILITY.—
2
(1) IN GENERAL.—In addition to any other fees
3
authorized by law, the Attorney General shall impose
4
on any alien who files with an immigration court an
5
application for waiver of grounds of inadmissibility,
6
or whose application for waiver of grounds of inad-
7
missibility is adjudicated in immigration court, a fee
8
in the amount specified in this subsection at the
9
time such application is filed, or, as applicable, prior
10
to the adjudication of such application in immigra-
11
tion court.
12
(2) FEE SPECIFIED.—
13
(A) INITIAL AMOUNT.—The amount speci-
14
fied in this subsection for fiscal year 2025 shall
15
be such amount as the Attorney General may
16
by rule provide, but in any event not less than
17
$1,050.
18
(B) SUBSEQUENT
ADJUSTMENT.—Begin-
19
ning in fiscal year 2026 and each fiscal year
20
thereafter, the amount specified in this sub-
21
section for a fiscal year shall be equal to the
22
sum of—
23
(i) the amount imposed under this
24
subsection for the prior fiscal year; and
25
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503
•HR 1 RH
(ii) rounded to the next lowest mul-
1
tiple of $10, the amount referred to in
2
clause (i), multiplied by the percentage (if
3
any) by which the Consumer Price Index
4
for All Urban Consumers for the month of
5
July preceding the date on which such ad-
6
justment takes effect exceeds the Con-
7
sumer Price Index for All Urban Con-
8
sumers for the same month of the pre-
9
ceding calendar year.
10
(3) CREDITING CERTAIN FUNDS.—During any
11
fiscal year, not more than 25 percent of the total
12
amount of fees received under this section shall be
13
derived by transfer from the Immigration Examina-
14
tions Fee Account under section 286(n) of the Im-
15
migration and Nationality Act and credited to the
16
Executive Office for Immigration Review to retain
17
and spend without further appropriation. Any
18
amounts not credited under the previous sentence
19
shall be credited as offsetting receipts and deposited
20
into the general fund of the Treasury.
21
(c) FEE FOR FILING AN APPLICATION FOR TEM-
22
PORARY PROTECTED STATUS.—
23
(1) IN GENERAL.—In addition to any other fees
24
authorized by law, the Attorney General shall impose
25
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504
•HR 1 RH
on any alien who files with an immigration court an
1
application for temporary protected status, or whose
2
application for temporary protected status is adju-
3
dicated in immigration court, a fee in the amount
4
specified in this subsection at the time such applica-
5
tion is filed or, as applicable, prior to the adjudica-
6
tion of such application in immigration court.
7
(2) FEE SPECIFIED.—
8
(A) INITIAL AMOUNT.—The amount speci-
9
fied in this subsection for fiscal year 2025 shall
10
be such amount as the Attorney General may
11
by rule provide, but in any event not less than
12
$500.
13
(B) SUBSEQUENT
ADJUSTMENT.—Begin-
14
ning in fiscal year 2026 and each fiscal year
15
thereafter, the amount specified in this sub-
16
section for a fiscal year shall be equal to the
17
sum of—
18
(i) the amount imposed under this
19
subsection for the prior fiscal year; and
20
(ii) rounded to the next lowest mul-
21
tiple of $10, the amount referred to in
22
clause (i), multiplied by the percentage (if
23
any) by which the Consumer Price Index
24
for All Urban Consumers for the month of
25
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505
•HR 1 RH
July preceding the date on which such ad-
1
justment takes effect exceeds the Con-
2
sumer Price Index for All Urban Con-
3
sumers for the same month of the pre-
4
ceding calendar year.
5
(3) CREDITING CERTAIN FUNDS.—During any
6
fiscal year, not more than 25 percent of the total
7
amount of fees received under this section shall be
8
derived by transfer from the Immigration Examina-
9
tions Fee Account under section 286(n) of the Im-
10
migration and Nationality Act and credited to the
11
Executive Office for Immigration Review to retain
12
and spend without further appropriation. Any
13
amounts not credited under the previous sentence
14
shall be credited as offsetting receipts and deposited
15
into the general fund of the Treasury.
16
(d) FEE FOR FILING AN APPEAL FROM A DECISION
17
OF AN IMMIGRATION JUDGE.—
18
(1) IN GENERAL.—In addition to any other fees
19
authorized by law, the Attorney General shall impose
20
on any alien who files any appeal from a decision of
21
an immigration judge a fee in the amount specified
22
in this subsection at the time such appeal is filed.
23
(2) FEE SPECIFIED.—
24
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506
•HR 1 RH
(A) INITIAL AMOUNT.—The amount speci-
1
fied in this subsection for fiscal year 2025 shall
2
be such amount as the Attorney General may
3
by rule provide, but in any event not less than
4
$900.
5
(B) SUBSEQUENT
ADJUSTMENT.—Begin-
6
ning in fiscal year 2026 and each fiscal year
7
thereafter, the amount specified in this sub-
8
section for a fiscal year shall be equal to the
9
sum of—
10
(i) the amount imposed under this
11
subsection for the prior fiscal year; and
12
(ii) rounded to the next lowest mul-
13
tiple of $10, the amount referred to in
14
clause (i), multiplied by the percentage (if
15
any) by which the Consumer Price Index
16
for All Urban Consumers for the month of
17
July preceding the date on which such ad-
18
justment takes effect exceeds the Con-
19
sumer Price Index for All Urban Con-
20
sumers for the same month of the pre-
21
ceding calendar year.
22
(3) EXCEPTION.—The fee described in this sec-
23
tion shall not apply to the appeal of a bond decision.
24
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507
•HR 1 RH
(4) CREDITING CERTAIN FUNDS.—During any
1
fiscal year, not more than 25 percent of the total
2
amount of fees received under this section shall be
3
derived by transfer from the Immigration Examina-
4
tions Fee Account under section 286(n) of the Im-
5
migration and Nationality Act and credited to the
6
Executive Office for Immigration Review to retain
7
and spend without further appropriation. Any
8
amounts not credited under the previous sentence
9
shall be credited as offsetting receipts and deposited
10
into the general fund of the Treasury.
11
(e) FEE FOR FILING AN APPEAL FROM A DECISION
12
OF AN OFFICER OF THE DEPARTMENT OF HOMELAND
13
SECURITY.—
14
(1) IN GENERAL.—In addition to any other fees
15
authorized by law, the Attorney General shall impose
16
on any alien who files an appeal from a decision of
17
an officer of the Department of Homeland Security
18
a fee in the amount specified in this subsection at
19
the time such appeal is filed.
20
(2) FEE SPECIFIED.—
21
(A) INITIAL AMOUNT.—The amount speci-
22
fied in this subsection for fiscal year 2025 shall
23
be such amount as the Attorney General may
24
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508
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by rule provide, but in any event not less than
1
$900.
2
(B) SUBSEQUENT
ADJUSTMENT.—Begin-
3
ning in fiscal year 2026 and each fiscal year
4
thereafter, the amount specified in this sub-
5
section for a fiscal year shall be equal to the
6
sum of—
7
(i) the amount imposed under this
8
subsection for the prior fiscal year; and
9
(ii) rounded to the next lowest mul-
10
tiple of $10, the amount referred to in
11
clause (i), multiplied by the percentage (if
12
any) by which the Consumer Price Index
13
for All Urban Consumers for the month of
14
July preceding the date on which such ad-
15
justment takes effect exceeds the Con-
16
sumer Price Index for All Urban Con-
17
sumers for the same month of the pre-
18
ceding calendar year.
19
(3) CREDITING CERTAIN FUNDS.—During any
20
fiscal year, not more than 25 percent of the total
21
amount of fees received under this section shall be
22
derived by transfer from the Immigration Examina-
23
tions Fee Account under section 286(n) of Immigra-
24
tion and Nationality and credited to the Executive
25
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•HR 1 RH
Office for Immigration Review to retain and spend
1
without further appropriation. Any amounts not
2
credited under the previous sentence shall be cred-
3
ited as offsetting receipts and deposited into the
4
general fund of the Treasury.
5
(f) FEE FOR FILING AN APPEAL FROM A DECISION
6
OF AN ADJUDICATING OFFICIAL IN A PRACTITIONER DIS-
7
CIPLINARY CASE.—
8
(1) IN GENERAL.—In addition to any other fees
9
authorized by law, the Attorney General shall impose
10
on any practitioner who files an appeal from a deci-
11
sion of an adjudicating official in a practitioner dis-
12
ciplinary case a fee in the amount specified in this
13
subsection at the time such appeal is filed.
14
(2) FEE SPECIFIED.—
15
(A) INITIAL AMOUNT.—The amount speci-
16
fied in this subsection for fiscal year 2025 shall
17
be such amount as the Attorney General may
18
by rule provide, but in any event not less than
19
$1,325.
20
(B) SUBSEQUENT
ADJUSTMENT.—Begin-
21
ning in fiscal year 2026 and each fiscal year
22
thereafter, the amount specified in this sub-
23
section for a fiscal year shall be equal to the
24
sum of—
25
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(i) the amount imposed under this
1
subsection for the prior fiscal year; and
2
(ii) rounded to the next lowest mul-
3
tiple of $10, the amount referred to in
4
clause (i), multiplied by the percentage (if
5
any) by which the Consumer Price Index
6
for All Urban Consumers for the month of
7
July preceding the date on which such ad-
8
justment takes effect exceeds the Con-
9
sumer Price Index for All Urban Con-
10
sumers for the same month of the pre-
11
ceding calendar year.
12
(3) CREDITING CERTAIN FUNDS.—During any
13
fiscal year, not more than 25 percent of the total
14
amount of fees received under this section shall be
15
derived by transfer from the Immigration Examina-
16
tions Fee Account under section 286(n) of the Im-
17
migration and Nationality Act and credited to the
18
Executive Office for Immigration Review to retain
19
and spend without further appropriation. Any
20
amounts not credited under the previous sentence
21
shall be credited as offsetting receipts and deposited
22
into the general fund of the Treasury.
23
(g) FEE FOR FILING A MOTION TO REOPEN OR A
24
MOTION TO RECONSIDER.—
25
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511
•HR 1 RH
(1) IN GENERAL.—In addition to any other fees
1
authorized by law, the Attorney General shall impose
2
on any alien who files a motion to reopen or motion
3
to reconsider a decision of an immigration judge or
4
the Board of Immigration Appeals a fee in the
5
amount specified in this subsection at the time such
6
motion is filed.
7
(2) FEE SPECIFIED.—
8
(A) INITIAL AMOUNT.—The amount speci-
9
fied in this subsection for fiscal year 2025 shall
10
be such amount as the Attorney General may
11
by rule provide, but in any event not less than
12
$900.
13
(B) SUBSEQUENT
ADJUSTMENT.—Begin-
14
ning in fiscal year 2026 and each fiscal year
15
thereafter, the amount specified in this sub-
16
section for a fiscal year shall be equal to the
17
sum of—
18
(i) the amount imposed under this
19
subsection for the prior fiscal year; and
20
(ii) rounded to the next lowest mul-
21
tiple of $10, the amount referred to in
22
clause (i), multiplied by the percentage (if
23
any) by which the Consumer Price Index
24
for All Urban Consumers for the month of
25
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512
•HR 1 RH
July preceding the date on which such ad-
1
justment takes effect exceeds the Con-
2
sumer Price Index for All Urban Con-
3
sumers for the same month of the pre-
4
ceding calendar year.
5
(3) EXCEPTIONS.—The fee described in this
6
section shall not apply to any motion that is:
7
(A) a motion to reopen a removal order en-
8
tered in absentia if the motion is filed under
9
section 240(b)(5)(C)(ii) of the Immigration and
10
Nationality Act; or
11
(B) a motion to reopen a deportation order
12
entered in absentia if the motion is filed under
13
section 242B(c)(3)(B) of the Immigration and
14
Nationality Act, as the section existed prior to
15
April 1, 1997.
16
(4) CREDITING CERTAIN FUNDS.—During any
17
fiscal year, not more than 25 percent of the total
18
amount of fees received under this section shall be
19
derived by transfer from the Immigration Examina-
20
tions Fee Account under section 286(n) of the Im-
21
migration and Nationality Act and credited to the
22
Executive Office for Immigration Review to retain
23
and spend without further appropriation. Any
24
amounts not credited under the previous sentence
25
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shall be credited as offsetting receipts and deposited
1
into the general fund of the Treasury.
2
(h) FEE FOR FILING AN APPLICATION FOR SUSPEN-
3
SION OF DEPORTATION.—
4
(1) IN GENERAL.—In addition to any other fees
5
authorized by law, the Attorney General shall impose
6
on any alien who files with an immigration court an
7
application for suspension of deportation a fee in the
8
amount specified in this subsection at the time such
9
application is filed.
10
(2) FEE SPECIFIED.—
11
(A) INITIAL AMOUNT.—The amount speci-
12
fied in this subsection for fiscal year 2025 shall
13
be such amount as the Attorney General may
14
by rule provide, but in any event not less than
15
$600.
16
(B) SUBSEQUENT
ADJUSTMENT.—Begin-
17
ning in fiscal year 2026 and each fiscal year
18
thereafter, the amount specified in this sub-
19
section for a fiscal year shall be equal to the
20
sum of—
21
(i) the amount imposed under this
22
subsection for the prior fiscal year; and
23
(ii) rounded to the next lowest mul-
24
tiple of $10, the amount referred to in
25
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clause (i), multiplied by the percentage (if
1
any) by which the Consumer Price Index
2
for All Urban Consumers for the month of
3
July preceding the date on which such ad-
4
justment takes effect exceeds the Con-
5
sumer Price Index for All Urban Con-
6
sumers for the same month of the pre-
7
ceding calendar year.
8
(3) CREDITING CERTAIN FUNDS.—During any
9
fiscal year, not more than 25 percent of the total
10
amount of fees received under this section shall be
11
derived by transfer from the Immigration Examina-
12
tions Fee Account under section 286(n) of the Im-
13
migration and Nationality Act and credited to the
14
Executive Office for Immigration Review to retain
15
and spend without further appropriation. Any
16
amounts not credited under the previous sentence
17
shall be credited as offsetting receipts and deposited
18
into the general fund of the Treasury.
19
(i) FEE FOR FILING AN APPLICATION FOR CAN-
20
CELLATION
OF REMOVAL
FOR CERTAIN PERMANENT
21
RESIDENTS.—
22
(1) IN GENERAL.—In addition to any other fees
23
authorized by law, the Attorney General shall impose
24
on any alien who files with an immigration court an
25
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application for cancellation of removal for certain
1
permanent residents a fee in the amount specified in
2
this subsection at the time such application is filed.
3
(2) FEE SPECIFIED.—
4
(A) INITIAL AMOUNT.—The amount speci-
5
fied in this subsection for fiscal year 2025 shall
6
be such amount as the Attorney General may
7
by rule provide, but in any event not less than
8
$600.
9
(B) SUBSEQUENT
ADJUSTMENT.—Begin-
10
ning in fiscal year 2026 and each fiscal year
11
thereafter, the amount specified in this sub-
12
section for a fiscal year shall be equal to the
13
sum of—
14
(i) the amount imposed under this
15
subsection for the prior fiscal year; and
16
(ii) rounded to the next lowest mul-
17
tiple of $10, the amount referred to in
18
clause (i), multiplied by the percentage (if
19
any) by which the Consumer Price Index
20
for All Urban Consumers for the month of
21
July preceding the date on which such ad-
22
justment takes effect exceeds the Con-
23
sumer Price Index for All Urban Con-
24
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sumers for the same month of the pre-
1
ceding calendar year.
2
(3) CREDITING CERTAIN FUNDS.—During any
3
fiscal year, not more than 25 percent of the total
4
amount of fees received under this section shall be
5
derived by transfer from the Immigration Examina-
6
tions Fee Account under section 286(n) of the Im-
7
migration and Nationality Act and credited to the
8
Executive Office for Immigration Review to retain
9
and spend without further appropriation. Any
10
amounts not credited under the previous sentence
11
shall be credited as offsetting receipts and deposited
12
into the general fund of the Treasury.
13
(j) FEE FOR FILING AN APPLICATION FOR CAN-
14
CELLATION OF REMOVAL AND ADJUSTMENT OF STATUS
15
FOR CERTAIN NONPERMANENT RESIDENTS.—
16
(1) IN GENERAL.—In addition to any other fees
17
authorized by law, the Attorney General shall impose
18
on any alien who files with an immigration court an
19
application for cancellation of removal and adjust-
20
ment of status for certain nonpermanent residents a
21
fee in the amount specified in this subsection at the
22
time such application is filed.
23
(2) FEE SPECIFIED.—
24
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(A) INITIAL AMOUNT.—The amount speci-
1
fied in this subsection for fiscal year 2025 shall
2
be such amount as the Attorney General may
3
by rule provide, but in any event not less than
4
$1,500.
5
(B) SUBSEQUENT
ADJUSTMENT.—Begin-
6
ning in fiscal year 2026 and each fiscal year
7
thereafter, the amount specified in this sub-
8
section for a fiscal year shall be equal to the
9
sum of—
10
(i) the amount imposed under this
11
subsection for the prior fiscal year; and
12
(ii) rounded to the next lowest mul-
13
tiple of $10, the amount referred to in
14
clause (i), multiplied by the percentage (if
15
any) by which the Consumer Price Index
16
for All Urban Consumers for the month of
17
July preceding the date on which such ad-
18
justment takes effect exceeds the Con-
19
sumer Price Index for All Urban Con-
20
sumers for the same month of the pre-
21
ceding calendar year.
22
(3) CREDITING CERTAIN FUNDS.—During any
23
fiscal year, not more than 25 percent of the total
24
amount of fees received under this section shall be
25
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derived by transfer from the Immigration Examina-
1
tions Fee Account under section 286(n) of the Im-
2
migration and Nationality Act and credited to the
3
Executive Office for Immigration Review to retain
4
and spend without further appropriation. Any
5
amounts not credited under the previous sentence
6
shall be credited as offsetting receipts and deposited
7
into the general fund of the Treasury.
8
(k) NO WAIVER.—Any fee imposed under this section
9
shall not be waived or reduced.
10
(l) CONDITION ON FUNDS.—No fees received under
11
this section shall be used to fund the Legal Orientation
12
Program or any successor program.
13
SEC. 70017. ESTA FEE.
14
Section 217(h)(3)(B) of the Immigration and Nation-
15
ality Act (8 U.S.C. 1187(h)(3)(B)) is amended—
16
(1) in clause (i)—
17
(A) in subclause (I), by striking ‘‘and’’ at
18
the end;
19
(B) in subclause (II)—
20
(i) by inserting after ‘‘an amount’’ the
21
following ‘‘of not less than $10’’; and
22
(ii) by striking the period at the end
23
and inserting ‘‘; and’’; and
24
(C) by adding at the end the following:
25
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‘‘(III) not less than $13.’’;
1
(2) in clause (ii)—
2
(A) by striking ‘‘Amounts collected under
3
clause (i)(I)’’ and inserting the following:
4
‘‘(I)
IN
GENERAL.—Notwith-
5
standing any other provision of law, of
6
the amounts collected under clause
7
(i)(I) during a fiscal year, not more
8
than $20,000,000’’;
9
(B) by inserting before the period at the
10
end of the first sentence the following: ‘‘, and
11
the remainder of the amounts collected under
12
clause (i)(I) shall be credited as offsetting re-
13
ceipts and deposited in the general fund of the
14
Treasury’’; and
15
(C) by inserting after ‘‘to pay the costs in-
16
curred to administer the System.’’ the fol-
17
lowing: ‘‘Amounts collected under clause (i)(III)
18
shall be credited as offsetting receipts and de-
19
posited in the general fund of the Treasury.’’;
20
(3) in clause (iii), by striking ‘‘2028’’ and in-
21
serting ‘‘2034’’; and
22
(4) by adding at the end the following:
23
‘‘(iv) SUBSEQUENT
ADJUSTMENT.—
24
Beginning in fiscal year 2026 and each fis-
25
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cal year thereafter, the amount specified in
1
clause (i)(II) for a fiscal year shall be
2
equal to the sum of—
3
‘‘(I) the amount imposed under
4
this subsection for the prior fiscal
5
year; and
6
‘‘(II) the amount referred to in
7
subclause (I), multiplied by the per-
8
centage (if any) by which the Con-
9
sumer Price Index for All Urban Con-
10
sumers for the month of July pre-
11
ceding the date on which such adjust-
12
ment takes effect exceeds the Con-
13
sumer Price Index for All Urban Con-
14
sumers for the same month of the
15
preceding calendar year.’’.
16
SEC. 70018. IMMIGRATION USER FEES.
17
Section 286 of the Immigration and Nationality Act
18
(8 U.S.C. 1356) is amended—
19
(1) in subsection (d)—
20
(A) by striking ‘‘In addition to any other
21
fee’’ and inserting the following:
22
‘‘(1) IN GENERAL.—In addition to any other
23
fee’’;
24
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(B) by inserting ‘‘and except as provided
1
in subsection (e),’’ before ‘‘the Attorney General
2
shall charge and collect’’;
3
(C) by striking ‘‘$7’’ and inserting ‘‘a fee
4
in an amount specified in paragraph (2)’’; and
5
(D) by adding at the end the following:
6
‘‘(2) INITIAL AMOUNT.—For purposes of this
7
section, the amount specified in this section for fis-
8
cal year 2025 shall be not less than $10.
9
‘‘(3) SUBSEQUENT
ADJUSTMENT.—Beginning
10
in fiscal year 2026 and each fiscal year thereafter,
11
the amount specified in this subsection for a fiscal
12
year shall be equal to the sum of—
13
‘‘(A) the amount imposed under this sub-
14
section for the prior fiscal year; and
15
‘‘(B) rounded to the next lowest multiple
16
of $0.25, the amount referred to in subpara-
17
graph (A), multiplied by the percentage (if any)
18
by which the Consumer Price Index for All
19
Urban Consumers for the month of July pre-
20
ceding the date on which such adjustment takes
21
effect exceeds the Consumer Price Index for All
22
Urban Consumers for the same month of the
23
preceding calendar year.
24
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‘‘(4) CREDITING
OF
AMOUNTS.—Of amounts
1
collected under this subsection $1 per individual for
2
immigration inspection or preinspection as described
3
in this subsection shall be credited as offsetting re-
4
ceipts and deposited in the general fund of the
5
Treasury.
6
‘‘(5) NO WAIVER.—A fee imposed under this
7
subsection shall not be waived or reduced.’’; and
8
(2) in subsection (e)—
9
(A) by striking paragraph (1);
10
(B) by redesignating paragraphs (2) and
11
(3) as paragraphs (1) and (2); and
12
(C) in paragraph (2) (as redesignated by
13
subparagraph (B) above), by striking ‘‘The At-
14
torney General shall charge’’ and all that fol-
15
lows through ‘‘this requirement shall not apply
16
to’’ and inserting the following: ‘‘No fee shall be
17
charged under subsection (d) for’’.
18
SEC. 70019. EVUS FEE.
19
(a) IN GENERAL.— In addition to any other fee au-
20
thorized by law, the Secretary of Homeland Security shall
21
impose on any alien subject to the Electronic Visa Update
22
System a fee in the amount specified in this section at
23
the time of such alien’s enrollment in the Electronic Visa
24
Update System.
25
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(b) AMOUNT.—For purposes of this section, the
1
amount specified in this section for fiscal year 2025 shall
2
be such amount as the Secretary may by rule provide, but
3
in any event not less than $30.
4
(c) SUBSEQUENT ADJUSTMENT.—Beginning in fiscal
5
year 2026 and each fiscal year thereafter, the amount
6
specified in this section for a fiscal year shall be equal
7
to the sum of—
8
(1) the amount imposed under this section for
9
the prior fiscal year; and
10
(2) rounded to the next lowest multiple of
11
$0.25, the amount referred to in paragraph (1),
12
multiplied by the percentage (if any) by which the
13
Consumer Price Index for All Urban Consumers for
14
the month of July preceding the date on which such
15
adjustment takes effect exceeds the Consumer Price
16
Index for All Urban Consumers for the same month
17
of the preceding calendar year.
18
(d) CREDITING OF FUNDS.—
19
(1) IN GENERAL.—The fees received under this
20
section shall be deposited into the CBP Electronic
21
Visa Update System Account, less $5 per enrollment
22
which shall be credited as offsetting receipts and de-
23
posited into the general fund of the Treasury.
24
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(2)
ESTABLISHMENT.—Notwithstanding
any
1
other provision of law, there is hereby established in
2
the Treasury of the United States a separate ac-
3
count which shall be known as the ‘‘CBP Electronic
4
Visa Update System Account’’.
5
(3) APPROPRIATION.— Amounts deposited in
6
the CBP Electronic Visa Update System Account
7
are hereby appropriated to make payments and off-
8
set program costs as specified in this section without
9
further appropriation necessary and shall remain
10
available until expended for any U.S. Customs and
11
Border Protection costs associated with admin-
12
istering the Electronic Visa Update System.
13
(e) NO WAIVER.—A fee imposed under this section
14
shall not be waived or reduced.
15
SEC. 70020. FEE FOR SPONSOR OF UNACCOMPANIED ALIEN
16
CHILD WHO FAILS TO APPEAR IN IMMIGRA-
17
TION COURT.
18
(a) FEE IMPOSED.—In addition to any other fee au-
19
thorized by law, for the sponsor of an unaccompanied alien
20
child, the Secretary of Health and Human Services shall
21
impose a fee in an amount specified in subsection (b) prior
22
to the unaccompanied alien child’s release to such sponsor.
23
(b) FEE SPECIFIED.—
24
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(1) INITIAL AMOUNT.—The amount specified in
1
this subsection for fiscal year 2025 shall be such
2
amount as the Secretary may by rule provide, but in
3
any event not less than $5,000.
4
(2) SUBSEQUENT ADJUSTMENT.—Beginning in
5
fiscal year 2026 and each fiscal year thereafter, the
6
amount specified in this subsection for a fiscal year
7
shall be equal to the sum of—
8
(A) the amount imposed under this sub-
9
section for the prior fiscal year; and
10
(B) rounded to the next lowest multiple of
11
$10, the amount referred to in subparagraph
12
(A), multiplied by the percentage (if any) by
13
which the Consumer Price Index for All Urban
14
Consumers for the month of July preceding the
15
date on which such adjustment takes effect ex-
16
ceeds the Consumer Price Index for All Urban
17
Consumers for the same month of the preceding
18
calendar year.
19
(c) FEE REIMBURSEMENT.—At the conclusion of an
20
unaccompanied alien child’s immigration court pro-
21
ceedings as an unaccompanied alien child, or upon the
22
ending of such sponsor’s sponsorship of such unaccom-
23
panied alien child, the Secretary of Health and Human
24
Services may reimburse to a sponsor a fee imposed under
25
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•HR 1 RH
this section if such sponsor demonstrates that the unac-
1
companied alien child in the care of such sponsor was not
2
ordered removed in absentia under section 240(b)(5) of
3
the Immigration and Nationality Act. In the case of a
4
sponsor of an unaccompanied alien child who was ordered
5
removed in absentia and such order was rescinded under
6
section 240(b)(5)(C) of the Immigration and Nationality
7
Act, the sponsor may seek reimbursement of the fee under
8
this section.
9
(d) CREDITING OF FUNDS.—The fees received under
10
this section shall be credited as offsetting receipts and de-
11
posited into the general fund of the Treasury.
12
(e) NO WAIVER.—A fee imposed under this sub-
13
section shall not be waived or reduced.
14
SEC. 70021. FEE FOR ALIENS ORDERED REMOVED IN
15
ABSENTIA.
16
(a) IN GENERAL .—As partial reimbursement for the
17
cost of arresting an alien described in this section, the Sec-
18
retary of Homeland Security shall impose a fee in an
19
amount specified in this section on any alien who—
20
(1) is ordered removed in absentia under sec-
21
tion 240(b)(5) of the Immigration and Nationality
22
Act (8 U.S.C. 1229a(b)(5)); and
23
(2) is subsequently arrested by U.S. Immigra-
24
tion and Customs Enforcement.
25
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•HR 1 RH
(b) INITIAL AMOUNT.—For purposes of this sub-
1
section, the amount specified in this subsection for fiscal
2
year 2025 shall be such amount as the Secretary may by
3
rule provide, but in any event not less than $5,000.
4
(c) SUBSEQUENT ADJUSTMENT.—Beginning in fiscal
5
year 2026 and each fiscal year thereafter, the amount for
6
a fiscal year shall be equal to the sum of—
7
(1) the amount imposed under this section for
8
the prior fiscal year; and
9
(2) rounded to the next lowest multiple of $10,
10
the amount referred to in paragraph (1), multiplied
11
by the percentage (if any) by which the Consumer
12
Price Index for All Urban Consumers for the month
13
of July preceding the date on which such adjustment
14
takes effect exceeds the Consumer Price Index for
15
All Urban Consumers for the same month of the
16
preceding calendar year.
17
(d) CREDITING OF FUNDS.—The fees received under
18
this section shall be credited as offsetting receipts and de-
19
posited into the general fund of the Treasury.
20
(e) NO WAIVER.—A fee imposed under this sub-
21
section shall not be waived or reduced.
22
(f) EXCEPTION.—The fee described in this section
23
shall not apply to any alien who was ordered removed in
24
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•HR 1 RH
absentia if such order was rescinded under section
1
240(b)(5)(C) of the Immigration and Nationality Act.
2
SEC. 70022. CUSTOMS AND BORDER PROTECTION INADMIS-
3
SIBLE ALIEN APPREHENSION FEE.
4
(a) FEE IMPOSED.—In addition to any other fee au-
5
thorized by law, for any inadmissible alien who is appre-
6
hended between ports of entry by U.S. Customs and Bor-
7
der Protection, the Secretary of Homeland Security shall
8
impose a fee in an amount specified in subsection (b) at
9
the time of such apprehension.
10
(b) FEE SPECIFIED.—
11
(1) INITIAL AMOUNT.—The amount specified in
12
this subsection for fiscal year 2025 shall be such
13
amount as the Secretary may by rule provide, but in
14
any event not less than $5,000.
15
(2) SUBSEQUENT ADJUSTMENT.—Beginning in
16
fiscal year 2026 and each fiscal year thereafter, the
17
amount specified in this subsection for a fiscal year
18
shall be equal to the sum of—
19
(A) the amount imposed under this sub-
20
section for the prior fiscal year; and
21
(B) rounded to the next lowest multiple of
22
$10, the amount referred to in subparagraph
23
(A), multiplied by the percentage (if any) by
24
which the Consumer Price Index for All Urban
25
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Consumers for the month of July preceding the
1
date on which such adjustment takes effect ex-
2
ceeds the Consumer Price Index for All Urban
3
Consumers for the same month of the preceding
4
calendar year.
5
(c) CREDITING OF FUNDS.—The fees received under
6
this section shall be credited as offsetting receipts and de-
7
posited into the general fund of the Treasury.
8
(d) NO WAIVER.—A fee imposed under this section
9
shall not be waived or reduced.
10
SEC. 70023. AMENDMENT TO AUTHORITY TO APPLY FOR
11
ASYLUM.
12
Section 208(d)(3) of the Immigration and Nationality
13
Act (8 U.S.C. 1158(d)(3)) is amended—
14
(1) in the first sentence, by striking ‘‘may’’ and
15
inserting ‘‘shall’’;
16
(2) by striking ‘‘Such fees shall not exceed’’ and
17
all that follows; and
18
(3) by inserting after the first sentence ‘‘Noth-
19
ing in this paragraph shall be construed to limit the
20
authority of the Attorney General to set additional
21
adjudication and naturalization fees in accordance
22
with section 286(m).’’.
23
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PART 2—USE OF FUNDS
1
SEC. 70100. EXECUTIVE OFFICE FOR IMMIGRATION RE-
2
VIEW.
3
(a) APPROPRIATION.—In addition to amounts other-
4
wise available, there is appropriated to the Executive Of-
5
fice for Immigration Review for fiscal year 2025, out of
6
any money in the Treasury not otherwise appropriated,
7
$1,250,000,000 to remain available until September 30,
8
2029, for the purposes described in subsection (b).
9
(b) USE OF FUNDS.—Amounts made available under
10
subsection (a) shall only be used for purposes of—
11
(1) hiring the support staff necessary to sup-
12
port immigration judges;
13
(2) hiring immigration judges; and
14
(3) expanding courtroom capacity and infra-
15
structure.
16
SEC. 70101. ADULT ALIEN DETENTION CAPACITY AND FAM-
17
ILY RESIDENTIAL CENTERS.
18
(a) APPROPRIATION.—In addition to amounts other-
19
wise available, there is appropriated to U.S. Immigration
20
and Customs Enforcement for fiscal year 2025, out of any
21
money in the Treasury not otherwise appropriated,
22
$45,000,000,000 to remain available until September 30,
23
2029, for the purposes described in subsection (b).
24
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(b) USE OF FUNDS.—Amounts made available under
1
subsection (a) shall only be used for family residential cen-
2
ter capacity and single adult alien detention capacity.
3
(c) DURATION.—The Department of Homeland Secu-
4
rity may detain family units of aliens at family residential
5
centers, as described in subsections (b) and (d), pending
6
a decision on whether the aliens are to be removed from
7
the United States and, if such aliens are ordered removed
8
from the United States, until such aliens are removed.
9
(d) FAMILY RESIDENTIAL CENTER DEFINED.—In
10
this section, the term ‘‘family residential center’’ means
11
a facility used by the Department of Homeland Security
12
to detain family units of aliens (including alien children
13
who are not unaccompanied alien children) who are en-
14
countered or apprehended by the Department of Home-
15
land Security, regardless of whether the facility is licensed
16
by the State or a political subdivision of the State in which
17
the facility is located.
18
(e) DETENTION STANDARDS.—To efficiently utilize
19
the funding appropriated by this section, the detention
20
standards for the single adult detention capacity described
21
in subsection (b) shall be set in the sole discretion of the
22
Secretary of Homeland Security.
23
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SEC. 70102. RETENTION AND SIGNING BONUSES FOR U.S.
1
IMMIGRATION AND CUSTOMS ENFORCEMENT
2
PERSONNEL.
3
(a) APPROPRIATION.—In addition to amounts other-
4
wise available, there is appropriated to U.S. Immigration
5
and Customs Enforcement for fiscal year 2025, out of any
6
money in the Treasury not otherwise appropriated,
7
$858,000,000 to remain available until September 30,
8
2029, for the purposes described in subsections (b) and
9
(c).
10
(b) RETENTION BONUSES.—U.S. Immigration and
11
Customs Enforcement may provide retention bonuses to
12
any U.S. Immigration and Customs Enforcement agent,
13
officer, or attorney who commits to two years of additional
14
service with U.S. Immigration and Customs Enforcement
15
to carry out immigration enforcement.
16
(c) SIGNING BONUSES.—U.S. Immigration and Cus-
17
toms Enforcement shall provide a signing bonus to each
18
U.S. Immigration and Customs Enforcement agent, offi-
19
cer, or attorney who is hired on or after the date of enact-
20
ment of this Act and who commits to five years of service
21
with U.S. Immigration and Customs Enforcement to carry
22
out immigration enforcement.
23
(d) RULES FOR BONUSES.—U.S. Customs and Immi-
24
gration Enforcement shall provide qualifying individuals
25
with written service agreements that include—
26
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(1) the commencement and termination dates of
1
the required service period (or provisions for the de-
2
termination thereof);
3
(2) the amount of the bonus; and
4
(3) other terms and conditions under which the
5
bonus is payable, subject to the requirements of this
6
subsection, including—
7
(A) the conditions under which the agree-
8
ment may be terminated before the agreed-upon
9
service period has been completed; and
10
(B) the effect of a termination described in
11
subparagraph (A).
12
SEC. 70103. HIRING OF ADDITIONAL U.S. IMMIGRATION AND
13
CUSTOMS ENFORCEMENT PERSONNEL.
14
(a) APPROPRIATION.—In addition to amounts other-
15
wise available, there is appropriated to U.S. Immigration
16
and Customs Enforcement for fiscal year 2025, out of any
17
money in the Treasury not otherwise appropriated,
18
$8,000,000,000, to remain available until September 30,
19
2029, for the purposes described in subsection (b).
20
(b) USE OF FUNDS.—Amounts made available under
21
subsection (a) shall only be used to hire additional per-
22
sonnel of U.S. Immigration and Customs Enforcement, in-
23
cluding officers, agents, and support staff, to carry out
24
immigration enforcement, and to prioritize and streamline
25
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the hiring of retired U.S. Immigration and Customs En-
1
forcement personnel. There shall be a minimum of—
2
(1) 2,500 individuals hired in fiscal year 2025;
3
(2) 1,875 individuals hired in 2026;
4
(3) 1,875 individuals hired in 2027;
5
(4) 1,875 individuals hired in 2028; and
6
(5) 1,875 individuals hired in 2029.
7
SEC. 70104. U.S. IMMIGRATION AND CUSTOMS ENFORCE-
8
MENT HIRING CAPABILITY.
9
(a) APPROPRIATION.—In addition to amounts other-
10
wise available, there is appropriated to U.S. Immigration
11
and Customs Enforcement for fiscal year 2025, out of any
12
money in the Treasury not otherwise appropriated,
13
$600,000,000, to remain available until September 30,
14
2029, for the purpose described in subsection (b).
15
(b) USE
OF FUNDS.—The funds made available
16
under subsection (a) shall only be used for the purpose
17
of facilitating the recruitment, hiring, and onboarding of
18
additional U.S. Immigration and Customs Enforcement
19
personnel to carry out immigration enforcement, including
20
by investments in information technology, recruitment,
21
marketing, and staff necessary for such activities.
22
SEC. 70105. TRANSPORTATION AND REMOVAL OPERATIONS.
23
(a) APPROPRIATION.—In addition to amounts other-
24
wise available, there is appropriated to U.S. Immigration
25
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and Customs Enforcement for fiscal year 2025, out of any
1
money in the Treasury not otherwise appropriated,
2
$14,400,000,000, to remain available until September 30,
3
2029, for the purposes described in subsection (b).
4
(b) USE OF FUNDS.—Amounts made available under
5
subsection (a) shall only be used for transportation and
6
removal operations, including transportation of unaccom-
7
panied alien children, and for ensuring the departure of
8
aliens.
9
SEC. 70106. INFORMATION TECHNOLOGY INVESTMENTS.
10
(a) APPROPRIATION.—In addition to amounts other-
11
wise available, there is appropriated to U.S. Immigration
12
and Customs Enforcement for fiscal year 2025, out of any
13
money in the Treasury not otherwise appropriated,
14
$700,000,000 to remain available until September 30,
15
2029, for the purposes described in subsection (b).
16
(b) USE OF FUNDS.—Amounts made available under
17
subsection (a) shall only be used for U.S. Immigration and
18
Customs Enforcement information technology investments
19
to support enforcement and removal operations, including
20
to streamline fine and penalty collections.
21
SEC. 70107. FACILITIES UPGRADES.
22
(a) APPROPRIATION.—In addition to amounts other-
23
wise available, there is appropriated to U.S. Immigration
24
and Customs Enforcement for fiscal year 2025, out of any
25
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money in the Treasury not otherwise appropriated,
1
$550,000,000 to remain available until September 30,
2
2029, for the purposes described in subsection (b).
3
(b) USE OF FUNDS.—Amounts made available under
4
subsection (a) shall only be used for U.S. Immigration and
5
Customs Enforcement facility upgrades to support en-
6
forcement and removal operations.
7
SEC. 70108. FLEET MODERNIZATION.
8
(a) APPROPRIATION.—In addition to amounts other-
9
wise available, there is appropriated to U.S. Immigration
10
and Customs Enforcement for fiscal year 2025, out of any
11
money in the Treasury not otherwise appropriated,
12
$250,000,000 to remain available until September 30,
13
2029, for the purposes described in subsection (b).
14
(b) USE OF FUNDS.—Amounts made available under
15
subsection (a) shall only be used for U.S. Immigration and
16
Customs Enforcement fleet modernization to support en-
17
forcement and removal operations.
18
SEC. 70109. PROMOTING FAMILY UNITY.
19
(a) APPROPRIATION.—In addition to amounts other-
20
wise available, there is appropriated to U.S. Immigration
21
and Customs Enforcement for fiscal year 2025, out of any
22
money in the Treasury not otherwise appropriated,
23
$20,000,000 to remain available until September 30,
24
2029, for the purposes described in subsection (b).
25
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(b) USE
OF FUNDS.—The funds made available
1
under subsection (a) shall only be used to—
2
(1) maintain the care and custody, during the
3
period in which the charges described in subpara-
4
graph (A) are pending, of an alien who—
5
(A) is charged only with a misdemeanor of-
6
fense under section 275(a) of the Immigration
7
and Nationality Act (8 U.S.C. 1325(a)); and
8
(B) entered the United States with the
9
alien’s child who has not attained 18 years of
10
age; and
11
(2) detain the alien with the alien’s child.
12
SEC. 70110. FUNDING SECTION 287(G) OF THE IMMIGRA-
13
TION AND NATIONALITY ACT.
14
(a) APPROPRIATION.—In addition to amounts other-
15
wise available, there is appropriated to the U.S. Immigra-
16
tion and Customs Enforcement for fiscal year 2025, out
17
of any money in the Treasury not otherwise appropriated,
18
$650,000,000, to remain available until September 30,
19
2029, for the purposes described in subsection (b).
20
(b) USE OF FUNDS.—The amounts made available
21
under subsection (a) shall only be used for purposes of
22
facilitating and implementing agreements under section
23
287(g) of the Immigration and Nationality Act (8 U.S.C.
24
1357(g)).
25
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SEC. 70111. COMPENSATION FOR INCARCERATION OF
1
CRIMINAL ALIENS.
2
(a) APPROPRIATION.—In addition to amounts other-
3
wise available, there is appropriated to the Department
4
of Justice for fiscal year 2025, out of any money in the
5
Treasury not otherwise appropriated, $950,000,000, to re-
6
main available until September 30, 2029, for the purposes
7
described in subsection (b).
8
(b) USE OF FUNDS.—The amounts made available
9
under subsection (a) shall only be used to compensate a
10
State or political subdivision of a State, as may be appro-
11
priate, with respect to the incarceration of any alien
12
who—
13
(1) has been convicted of a felony or two or
14
more misdemeanors; and
15
(2)(A) entered the United States without in-
16
spection or at any time or place other than as des-
17
ignated by the Secretary of Homeland Security;
18
(B) was the subject of removal proceedings at
19
the time he or she was taken into custody by the
20
State or a political subdivision of the State; or
21
(C) was admitted as a nonimmigrant and, at
22
the time he or she was taken into custody by the
23
State or a political subdivision of the State, has
24
failed to maintain the nonimmigrant status in which
25
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the alien was admitted, or to which it was changed,
1
or to comply with the conditions of any such status.
2
(c) LIMITATION.—The amounts made available under
3
subsection (a) shall not be used to compensate any State
4
or political subdivision of the State if the State or political
5
subdivision of the State prohibits or in any way restricts
6
a Federal, State, or local government entity, official, or
7
other personnel from any of the following:
8
(1) Complying with the immigration laws (as
9
defined in section 101(a)(17) of the Immigration
10
and Nationality Act (8 U.S.C. 1101(a)(17)).
11
(2) Assisting or cooperating with Federal law
12
enforcement entities, officials, or other personnel re-
13
garding the enforcement of the immigration laws.
14
(3) Undertaking any one of the following law
15
enforcement activities as they relate to information
16
regarding the citizenship or immigration status, law-
17
ful or unlawful, the inadmissibility or deportability,
18
and the custody status, of any individual:
19
(A) Making inquiries to any individual to
20
obtain such information regarding such indi-
21
vidual or any other individuals.
22
(B) Notifying the Federal Government re-
23
garding the presence of individuals who are en-
24
countered by law enforcement officials or other
25
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personnel of a State or political subdivision of
1
a State.
2
(C) Complying with requests for such in-
3
formation from Federal law enforcement enti-
4
ties, officials, or other personnel.
5
SEC. 70112. OFFICE OF THE PRINCIPAL LEGAL ADVISOR.
6
(a) APPROPRIATION.—In addition to amounts other-
7
wise available, there is appropriated to U.S. Immigration
8
and Customs Enforcement for fiscal year 2025, out of any
9
money in the Treasury not otherwise appropriated,
10
$1,320,000,000 to remain available until September 30,
11
2029, for the purposes described in subsection (b).
12
(b) USE OF FUNDS.—Amounts made available under
13
subsection (a) shall only be used for purposes of hiring
14
additional support staff and attorneys within the Office
15
of the Principal Legal Advisor to represent the Depart-
16
ment of Homeland Security in removal proceedings.
17
SEC. 70113. RETURN OF ALIENS ARRIVING FROM CONTIG-
18
UOUS TERRITORY.
19
(a) APPROPRIATION.—In addition to amounts other-
20
wise available, there is appropriated to the Department
21
of Homeland Security for fiscal year 2025, out of any
22
money in the Treasury not otherwise appropriated,
23
$500,000,000 to remain available until September 30,
24
2029, for the purposes described in subsection (b).
25
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(b) USE
OF FUNDS.—The funds made available
1
under subsection (a) shall only be used for purposes of
2
return of aliens under section 235(b)(2)(C) of the Immi-
3
gration and Nationality Act (8 U.S.C. 1225(b)(2)(C)).
4
SEC. 70114. STATE AND LOCAL PARTICIPATION IN HOME-
5
LAND SECURITY EFFORTS.
6
(a) APPROPRIATION.—In addition to amounts other-
7
wise available, there is appropriated to U.S. Immigration
8
and Customs Enforcement for fiscal year 2025, out of any
9
money in the Treasury not otherwise appropriated,
10
$787,000,000, to remain available until September 30,
11
2029, for the purpose described in subsection (b).
12
(b) USE
OF FUNDS.—The funds made available
13
under subsection (a) shall only be used for the purpose
14
of ending the presence of criminal gangs and transnational
15
criminal organizations throughout the United States, com-
16
bating human smuggling and trafficking networks, sup-
17
porting immigration enforcement activities, and providing
18
reimbursement for State and local participation in such
19
efforts.
20
SEC. 70115. UNACCOMPANIED ALIEN CHILDREN CAPACITY.
21
(a) APPROPRIATION.—In addition to amounts other-
22
wise available, there is appropriated to the Office of Ref-
23
ugee Resettlement for fiscal year 2025, out of any money
24
in
the
Treasury
not
otherwise
appropriated,
25
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$3,000,000,000 to remain available until September 30,
1
2029, for the purposes described in subsection (b).
2
(b) USE
OF FUNDS.—The funds made available
3
under subsection (a) shall only be used for the Office of
4
Refugee Resettlement to house, transport, and supervise
5
unaccompanied alien children in the custody of the Office
6
of Refugee Resettlement pursuant to section 235 of the
7
William Wilberforce Trafficking Victims Protection Reau-
8
thorization Act of 2008.
9
SEC. 70116. DEPARTMENT OF HOMELAND SECURITY CRIMI-
10
NAL AND GANG CHECKS FOR UNACCOM-
11
PANIED ALIEN CHILDREN.
12
(a) APPROPRIATION.—In addition to amounts other-
13
wise available, there is appropriated to U.S. Customs and
14
Border Protection for fiscal year 2025, out of any money
15
in the Treasury not otherwise appropriated, $20,000,000,
16
to remain available until September 30, 2029, for the pur-
17
poses described in subsection (b).
18
(b) USE OF FUNDS.—In the case of an unaccom-
19
panied alien child who has attained 12 years of age and
20
is encountered by U.S. Customs and Border Protection,
21
the funds made available under subsection (a) shall only
22
be used to—
23
(1) contact the consulate or embassy of the
24
country of nationality or last habitual residence of
25
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such unaccompanied alien child to request such un-
1
accompanied alien child’s criminal record; and
2
(2) conduct an examination of such unaccom-
3
panied alien child for gang-related tattoos and other
4
gang-related markings,
5
(c) UNACCOMPANIED ALIEN CHILD DEFINED.—In
6
this section, the term ‘‘unaccompanied alien child’’ shall
7
have the meaning given such term in section 462(g) of
8
the Homeland Security Act of 2002.
9
SEC. 70117. DEPARTMENT OF HEALTH AND HUMAN SERV-
10
ICES CRIMINAL AND GANG CHECKS FOR UN-
11
ACCOMPANIED ALIEN CHILDREN.
12
(a) APPROPRIATION.—In addition to amounts other-
13
wise available, there is appropriated to the Office of Ref-
14
ugee Resettlement for fiscal year 2025, out of any money
15
in the Treasury not otherwise appropriated, $20,000,000,
16
to remain available until September 30, 2029, for the pur-
17
poses described in subsection (b).
18
(b) USE OF FUNDS.—In the case of each unaccom-
19
panied alien child who has attained 12 years of age, the
20
funds made available under subsection (a) shall only be
21
used for the purpose of making a determination pursuant
22
to section 235(c)(2)(A) of the William Wilberforce Traf-
23
ficking Victims Protection Reauthorization Act of 2008
24
about whether an unaccompanied alien child poses a dan-
25
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ger to self or others or has been charged with having com-
1
mitted a criminal offense, to—
2
(1) contact the consulate or embassy of such
3
unaccompanied alien child’s country of nationality or
4
last habitual residence to request such unaccom-
5
panied alien child’s criminal record; and
6
(2) conduct an examination of the unaccom-
7
panied alien child for gang-related tattoos and other
8
gang-related markings.
9
(c) UNACCOMPANIED ALIEN CHILD DEFINED.—In
10
this section, the term ‘‘unaccompanied alien child’’ shall
11
have the meaning given such term in section 462(g) of
12
the Homeland Security Act of 2002.
13
SEC. 70118. INFORMATION ABOUT SPONSORS AND ADULT
14
RESIDENTS OF SPONSOR HOUSEHOLDS.
15
(a) APPROPRIATION.—In addition to amounts other-
16
wise available, there is appropriated to the Office of Ref-
17
ugee Resettlement for fiscal year 2025, out of any money
18
in the Treasury not otherwise appropriated, $50,000,000,
19
to remain available until September 30, 2029, for the pur-
20
poses described in subsection (b).
21
(b) INFORMATION ABOUT INDIVIDUALS WITH WHOM
22
UNACCOMPANIED ALIEN CHILDREN ARE PLACED AND
23
RESIDE.—Before placing an unaccompanied alien child
24
with an individual pursuant to section 235(c) of the Wil-
25
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liam Wilberforce Trafficking Victims Protection Reauthor-
1
ization Act of 2008, the Secretary of Health and Human
2
Services shall provide to the Secretary of Homeland Secu-
3
rity, regarding the individual with whom the child will be
4
placed and all adult residents of the individual’s house-
5
hold, information on—
6
(1) the name of the individual and all adult
7
residents of the individual’s household;
8
(2) the social security number of the individual
9
and all adult residents of the individual’s household;
10
(3) the date of birth of the individual and all
11
adult residents of the individual’s household;
12
(4) the validated location of the individual’s res-
13
idence where the child will be placed;
14
(5) the immigration status of the individual and
15
all adult residents of the individual’s household;
16
(6) contact information for the individual and
17
all adult residents of the individual’s household; and
18
(7) the results of all background and criminal
19
records checks for the individual and all adult resi-
20
dents of the individual’s household, which shall in-
21
clude at a minimum an investigation of the public
22
records sex offender registry, a public records back-
23
ground check, and a national criminal history check
24
based on fingerprints.
25
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•HR 1 RH
(c) UNACCOMPANIED ALIEN CHILD DEFINED.—In
1
this section, the term ‘‘unaccompanied alien child’’ shall
2
have the meaning given such term in section 462(g) of
3
the Homeland Security Act of 2002.
4
SEC. 70119. REPATRIATION OF UNACCOMPANIED ALIEN
5
CHILDREN.
6
(a) APPROPRIATION.—In addition to amounts other-
7
wise available, there is appropriated to the Department
8
of Homeland Security for fiscal year 2025, out of any
9
money in the Treasury not otherwise appropriated,
10
$100,000,000, to remain available until September 30,
11
2029, for the purposes described in subsection (b).
12
(b) USE OF FUNDS.—Notwithstanding any other pro-
13
vision of law, the funds made available under subsection
14
(a) shall only be used to permit a specified unaccompanied
15
alien child to withdraw the child’s application for admis-
16
sion pursuant to section 235(a)(4) of the Immigration and
17
Nationality Act and return such child to the child’s coun-
18
try of nationality or country of last habitual residence.
19
(c) DEFINITIONS.—In this section—
20
(1)
SPECIFIED
UNACCOMPANIED
ALIEN
21
CHILD.—The term ‘‘specified unaccompanied alien
22
child’’ means an unaccompanied alien child (as de-
23
fined in section 462(g) of the Homeland Security
24
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•HR 1 RH
Act of 2002) who the Secretary of Homeland Secu-
1
rity determines on a case-by-case basis—
2
(A) has been found by an immigration offi-
3
cer at a land border or port of entry of the
4
United States and is inadmissible under the Im-
5
migration and Nationality Act;
6
(B) has not been a victim of severe forms
7
of trafficking in persons, and there is no cred-
8
ible evidence that such child is at risk of being
9
trafficked upon return to the child’s country of
10
nationality or of last habitual residence; and
11
(C) does not have a fear of returning to
12
the child’s country of nationality or of last ha-
13
bitual residence owing to a credible fear of per-
14
secution.
15
(2) SEVERE FORMS OF TRAFFICKING IN PER-
16
SONS.—The term ‘‘severe forms of trafficking in
17
persons’’ shall have the meaning given such term in
18
section 103 of the Trafficking Victims Protection
19
Act of 2000.
20
SEC. 70120. UNITED STATES SECRET SERVICE.
21
(a) APPROPRIATION.—In addition to amounts other-
22
wise available, there is appropriated to the Director of the
23
United States Secret Service for fiscal year 2025, out of
24
any money in the Treasury not otherwise appropriated,
25
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•HR 1 RH
$1,170,000,000 to remain available until September 30,
1
2029, for the purposes described in subsection (b).
2
(b) USE OF FUNDS.—Amounts made available under
3
subsection (a) shall only be used for additional United
4
States Secret Service resources, including personnel, train-
5
ing facilities, and technology.
6
SEC. 70121. COMBATING DRUG TRAFFICKING AND ILLEGAL
7
DRUG USE.
8
(a) APPROPRIATION.—In addition to amounts other-
9
wise available, there is appropriated to the Department
10
of Justice for fiscal year 2025, out of any money in the
11
Treasury not otherwise appropriated, $500,000,000 to re-
12
main available until September 30, 2029, for the purposes
13
described in subsection (b).
14
(b) USE OF FUNDS.—Amounts made available under
15
subsection (a) shall only be used for efforts to combat
16
drug trafficking, including of fentanyl and its precursor
17
chemicals, and illegal drug use.
18
SEC. 70122. INVESTIGATING AND PROSECUTING IMMIGRA-
19
TION RELATED MATTERS.
20
(a) APPROPRIATION.—In addition to amounts other-
21
wise available, there is appropriated to the Department
22
of Justice for fiscal year 2025, out of any money in the
23
Treasury not otherwise appropriated, $600,000,000, to re-
24
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•HR 1 RH
main available until September 30, 2029, for the purposes
1
described in subsection (b).
2
(b) USE OF FUNDS.—Amounts made available under
3
subsection (a) shall only be used to investigate and pros-
4
ecute immigration matters, gang-related crimes involving
5
aliens, child trafficking and smuggling involving aliens,
6
voting by aliens, violations of the Alien Registration Act,
7
and violations of or fraud relating to title IV of the Per-
8
sonal Responsibility and Work Opportunity Act of 1996,
9
including through hiring Department of Justice personnel
10
to investigate and prosecute such matters.
11
SEC. 70123. EXPEDITED REMOVAL FOR CRIMINAL ALIENS.
12
(a) APPROPRIATION.—In addition to amounts other-
13
wise available, there is appropriated to the Department
14
of Homeland Security for fiscal year 2025, out of any
15
money in the Treasury not otherwise appropriated,
16
$75,000,000, to remain available until September 30,
17
2029, for the purposes described in subsection (b).
18
(b) USE OF FUNDS.—The amounts made available
19
in subsection (a) shall only be used for applying the provi-
20
sions of section 235(b)(1) of the Immigration and Nation-
21
ality Act to any alien who is inadmissible under paragraph
22
(2) or (3) of section 212(a) of the Immigration and Na-
23
tionality Act, regardless of the period that such alien has
24
been physically present in the United States.
25
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•HR 1 RH
SEC. 70124. REMOVAL OF CERTAIN CRIMINAL ALIENS WITH-
1
OUT FURTHER HEARING.
2
(a) APPROPRIATION.—In addition to amounts other-
3
wise available, there is appropriated to the Department
4
of Homeland Security for fiscal year 2025, out of any
5
money in the Treasury not otherwise appropriated,
6
$25,000,000, to remain available until September 30,
7
2029, for the purposes described in subsection (b).
8
(b) USE OF FUNDS.—The amounts made available
9
in subsection (a) shall only be used for applying the provi-
10
sions of section 235(c) of the Immigration and Nationality
11
Act to any arriving alien that an immigration officer or
12
an immigration judge suspects may be inadmissible under
13
paragraph (2) or (3) of section 212(a) of the Immigration
14
and Nationality Act.
15
Subtitle B—Regulatory Matters
16
SEC. 70200. REVIEW OF AGENCY RULEMAKING.
17
(a) APPROPRIATION.—In addition to amounts other-
18
wise available, there is appropriated:
19
(1) To the Director of the Office of Manage-
20
ment and Budget for fiscal year 2025, out of any
21
money in the Treasury not otherwise appropriated,
22
$10,000,000, to remain available through September
23
30, 2034, to carry out this section and the amend-
24
ments made by this section.
25
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•HR 1 RH
(2) To the Comptroller General of the United
1
States for fiscal year 2025, out of any money in the
2
Treasury not otherwise appropriated, $10,000,000,
3
to remain available through September 30, 2034, to
4
carry out this section and the amendments made by
5
this section.
6
(b) USE OF FUNDS.—
7
(1) OFFICE OF MANAGEMENT AND BUDGET.—
8
The Director of the Office of Management and
9
Budget shall use amounts made available under sub-
10
section (a)(1) to pay expenses associated with imple-
11
menting the requirements of subsections (c) and (d).
12
(2)
COMPTROLLER
GENERAL.—The
Comp-
13
troller General of the United States shall use
14
amounts made available under subsection (a)(2) to
15
pay expenses associated with implementing the re-
16
quirements of subsection (e).
17
(c) CONGRESSIONAL REVIEW
OF AGENCY RULE-
18
MAKING.—
19
(1) Chapter 8 of title 5, United States Code, is
20
amended by inserting at the end the following:
21
‘‘§ 809. Additional reporting requirements
22
‘‘(a) AGENCY REPORTS.—In the case of any rule for
23
which a report is submitted under section 801(a)(1)(A)
24
the agency shall also include in such report—
25
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•HR 1 RH
‘‘(1) an estimate of the budgetary effects asso-
1
ciated with the enactment and enforcement of the
2
rule;
3
‘‘(2) an analysis of the direct and reasonably
4
foreseeable indirect costs associated with the rule;
5
‘‘(3) an analysis of any jobs added or lost with-
6
in each affected industry, as identified by North
7
American Industrial Classification System code, dif-
8
ferentiating between public and private sector jobs,
9
as a direct or indirect result of the rule;
10
‘‘(4) a determination, by the Administrator of
11
the Office of Information and Regulatory Affairs of
12
the Office of Management and Budget, of whether
13
the rule is a major or nonmajor rule, including an
14
explanation of the finding specifically addressing
15
each criteria for a major rule contained within sub-
16
paragraphs (A) through (C) of section 804(2);
17
‘‘(5) a list of information on which the rule is
18
based, including data, scientific and economic stud-
19
ies, and cost-benefit analyses;
20
‘‘(6) a list of any other related regulatory ac-
21
tions that implement the same statutory provision or
22
regulatory objective as well as the estimated eco-
23
nomic effects of those actions;
24
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‘‘(7) an estimate of the effect on inflation of the
1
rule; and
2
‘‘(8) a statement of the constitutional authority
3
authorizing the agency to make the rule.
4
‘‘(b) COMPTROLLER GENERAL REPORTS.—If re-
5
quested in writing by a Member of Congress—
6
‘‘(1) the Comptroller General of the United
7
States shall make a determination whether an agen-
8
cy action qualifies as a rule for purposes of this
9
chapter, and shall submit to Congress this deter-
10
mination not later than 60 days after the date of the
11
request; and
12
‘‘(2) the Comptroller General shall make a de-
13
termination whether a rule is considered a major
14
rule for purposes of this chapter, and shall submit
15
to Congress this determination not later than 90
16
days after the date of the request.
17
‘‘(c) DETERMINATION.—For purposes of this section,
18
a determination under this subsection (b) shall be deemed
19
to be a report under section 801(a)(1)(A).
20
‘‘§ 810. Approval of certain major rules
21
‘‘(a) APPROVAL REQUIRED.—Notwithstanding any
22
other provision of this chapter, a major rule that increases
23
revenues, as determined in section 809(a), shall not take
24
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•HR 1 RH
effect unless Congress enacts a joint resolution of approval
1
described in subsection (c).
2
‘‘(b) EFFECT.—If a joint resolution of approval relat-
3
ing to a major rule that increases revenue is not enacted
4
into law by the end of 60 session days or legislative days,
5
as applicable, beginning on the date on which the report
6
referred to in section 801(a)(1)(A) is received by Congress
7
(excluding days either House of Congress is adjourned for
8
more than 3 days during a session of Congress), then the
9
rule described in that resolution shall be deemed not to
10
be approved and such rule shall not take effect.
11
‘‘(c) RESOLUTION OF APPROVAL.—Section 802 shall
12
apply to a joint resolution of approval under this section
13
to the same extent as it does to a joint resolution of dis-
14
approval, except that the matter after the resolving clause
15
of a joint resolution of approval shall be as follows: ‘That
16
Congress approves the rule submitted by the lllll
17
relating to lllll.’ (The blank spaces being appro-
18
priately filled in).
19
‘‘(d) RULEMAKING AUTHORITY.—The enactment of
20
a joint resolution of approval under this section shall not
21
be interpreted to serve as a grant or modification of statu-
22
tory authority by Congress for the promulgation of a rule,
23
shall not extinguish or affect any claim, whether sub-
24
stantive or procedural, against any alleged defect in a rule
25
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•HR 1 RH
or the rulemaking process, and shall not form part of the
1
record before the court in any judicial proceeding con-
2
cerning a rule except for purposes of determining whether
3
or not the rule is in effect.
4
‘‘(e) JUDICIAL REVIEW.—Notwithstanding section
5
805, a court may determine whether a Federal agency has
6
completed the necessary requirements under this chapter
7
for a rule to take effect.
8
‘‘§ 811. Additional review of rules
9
‘‘(a) ADDITIONAL REVIEW.—In addition to the op-
10
portunity for review otherwise provided under this chap-
11
ter, notwithstanding any other provision under this chap-
12
ter, in the case of any rule for which a report is submitted
13
under section 801(a)(1)(A) which increases revenue as de-
14
termined under section 809(a) and which was submitted
15
during the final year of a President’s term, the procedures
16
described in section 802 shall apply to such rule in the
17
succeeding session of Congress, and a joint resolution may
18
contain one or more such rules.
19
‘‘(b) RESOLUTION OF DISAPPROVAL.—In the case of
20
such a resolution containing one or more such rules under
21
this section, the matter after the resolving clause shall be
22
as follows: ‘That Congress disapproves the following rules:
23
the rule submitted by the ll relating to ll; and the
24
rule submitted by the ll relating to ll. Such rules
25
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556
•HR 1 RH
shall have no force or effect.’ (The blank spaces being ap-
1
propriately filled in and additional clauses describing addi-
2
tional rules to be included as necessary).
3
‘‘§ 812. Review of rules currently in effect
4
‘‘(a) ANNUAL REVIEW.—Beginning on the date that
5
is 6 months after the date of enactment of this section
6
and annually thereafter for the 4 years following, each
7
agency shall designate not less than 20 percent of eligible
8
rules made by that agency for review, and shall submit
9
a report including each such eligible rule in the same man-
10
ner as a report under section 801(a)(1). Sections 801,
11
802, 809, 810, and 811 shall apply to each such rule, sub-
12
ject to subsection (c) of this section. No eligible rule pre-
13
viously designated may be designated again.
14
‘‘(b) SUNSET
FOR
ELIGIBLE
RULES
NOT
EX-
15
TENDED.—Beginning after the date that is 5 years after
16
the date of enactment of this section, if Congress has not
17
enacted a joint resolution of approval for that eligible rule,
18
that eligible rule shall not continue in effect.
19
‘‘(c) APPROVAL OF RULES.—
20
‘‘(1) Unless Congress approves all eligible rules
21
designated by executive agencies for review within
22
90 days after designation, they shall have no effect
23
and the Federal agency which originally promul-
24
gated such rules may not enforce such rules.
25
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•HR 1 RH
‘‘(2) A single joint resolution of approval shall
1
apply to all eligible rules in a report designated for
2
a year as follows: ‘That Congress approves the rules
3
submitted by thelll for the year lll.’ (The
4
blank spaces being appropriately filled in).
5
‘‘(d) DEFINITION.—In this section the term ‘eligible
6
rule’ means a rule that is in effect as of the date of enact-
7
ment of this section.’’.
8
(2) The table of chapters for chapter 8 of title
9
5, United States Code, is amended by inserting after
10
the item relating to section 808 the following:
11
‘‘809. Additional reporting requirements.
‘‘810. Approval of certain major rules.
‘‘811. Additional review of rules.
‘‘812. Review of rules currently in effect.’’.
(d) TECHNICAL AND CONFORMING AMENDMENTS.—
12
Chapter 8 of title 5, United States Code, is amended—
13
(1) in section 801(a)(3)—
14
(A) in subparagraph (B)(ii), by striking
15
‘‘or’’ at the end;
16
(B) in subparagraph (C), by striking the
17
period at the end and inserting ‘‘; or’’; and
18
(C) by inserting at the end the following:
19
‘‘(D) in the case of a major rule that in-
20
creases revenue, such rule shall not take effect
21
unless Congress passes a joint resolution of ap-
22
proval described in section 810.’’; and
23
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558
•HR 1 RH
(2) in section 804, by amending paragraph (3)
1
to read as follows:
2
‘‘(3) The term ‘rule’ has the meaning given
3
such term in section 551, except that such term—
4
‘‘(A) includes interpretative rules, general
5
statements of policy, and all other agency guid-
6
ance documents; and
7
‘‘(B) does not include—
8
‘‘(i) any rule of particular applica-
9
bility, including a rule that approves or
10
prescribes for the future rates, wages,
11
prices, services, or allowances therefore,
12
corporate or financial structures, reorga-
13
nizations, mergers, or acquisitions thereof,
14
or accounting practices or disclosures bear-
15
ing on any of the foregoing;
16
‘‘(ii) any rule relating to agency man-
17
agement or personnel; or
18
‘‘(iii) any rule of agency organization,
19
procedure, or practice that does not sub-
20
stantially affect the rights or obligations of
21
nonagency parties.’’.
22
(e) GOVERNMENT ACCOUNTABILITY OFFICE STUDY
23
OF RULES.—
24
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559
•HR 1 RH
(1) IN GENERAL.—The Comptroller General of
1
the United States shall conduct a study to deter-
2
mine, as of the date of the enactment of this sec-
3
tion—
4
(A) how many rules (as such term is de-
5
fined in section 804 of title 5, United States
6
Code) were in effect;
7
(B) how many major rules (as such term
8
is defined in section 804 of title 5, United
9
States Code) were in effect; and
10
(C) the total estimated economic cost im-
11
posed by all such rules.
12
(2) REPORT.—Not later than 1 year after the
13
date of the enactment of this section, the Comp-
14
troller General of the United States shall submit a
15
report (and publish the report on the website of the
16
Comptroller General) to Congress that contains the
17
findings of the study conducted under subsection (e).
18
SEC. 70201. CONGRESSIONAL REVIEW ACT COMPLIANCE.
19
(a) APPROPRIATION.—In addition to amounts other-
20
wise available, there is appropriated to the Director of the
21
Office of Management and Budget for fiscal year 2025,
22
out of any money in the Treasury not otherwise appro-
23
priated, $10,000,000, to remain available through Sep-
24
tember 30, 2034, to carry out this section.
25
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•HR 1 RH
(b) ANALYSIS.—The Administrator of the Office of
1
Information and Regulatory Affairs of the Office of Man-
2
agement and Budget shall use amounts appropriated
3
under this section to conduct de novo analysis of the direct
4
and reasonably foreseeable indirect costs of compliance as-
5
sociated with rules submitted under section 801(a)(1)(A)
6
of title 5, United States Code. The Administrator shall
7
use such analysis as the basis for determining whether a
8
rule is a major rule and publish each such analysis to the
9
regulatory review database of the Office of Information
10
and Regulatory Affairs prior to transmission of such rule
11
to each House of the Congress and the Comptroller Gen-
12
eral of the United States. The Administrator shall also
13
publish an estimate of the budgetary effects associated
14
with the promulgation and enforcement of such rules prior
15
to transmission.
16
Subtitle C—Other Matters
17
SEC. 70300. LIMITATION ON DONATIONS MADE PURSUANT
18
TO SETTLEMENT AGREEMENTS TO WHICH
19
THE UNITED STATES IS A PARTY.
20
(a) LIMITATION ON REQUIRED DONATIONS.—An of-
21
ficial or agent of the Government may not enter into or
22
enforce any settlement agreement on behalf of the United
23
States directing or providing for a payment to any person
24
or entity other than the United States, other than a pay-
25
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•HR 1 RH
ment that provides restitution for or otherwise directly
1
remedies actual harm (including to the environment) di-
2
rectly and proximately caused by the party making the
3
payment, or constitutes payment for services rendered in
4
connection with the case.
5
(b) PENALTY.—Any official or agent of the Govern-
6
ment who violates subsection (a) shall be subject to the
7
same penalties that would apply in the case of a violation
8
of section 3302 of title 31, United States Code.
9
(c) EFFECTIVE DATE.—Subsections (a) and (b)
10
apply only in the case of a settlement agreement entered
11
on or after the date of enactment of this Act.
12
(d) DEFINITION.—The term ‘‘settlement agreement’’
13
means a settlement agreement resolving a civil action or
14
potential civil action.
15
(e) ANNUAL AUDIT REQUIREMENT.—
16
(1) IN GENERAL.—Not later than at the end of
17
the first fiscal year that begins after the date of en-
18
actment of this Act, and annually thereafter, the In-
19
spector General of each Federal agency shall submit,
20
and make available on a publicly accessible website,
21
a report on any settlement agreement entered into
22
in violation of this section by that agency to—
23
(A) the Committee on the Judiciary of the
24
Senate; and
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(B) the Committee on the Judiciary of the
1
House of Representatives.
2
(2) PROHIBITION ON ADDITIONAL FUNDING.—
3
No additional funds are authorized to be appro-
4
priated to carry out this subsection.
5
SEC. 70301. SOLICITATION OF ORDERS DEFINED.
6
Section 101(d) of Public Law 86—272 (73 Stat.
7
555) is amended—
8
(1) in paragraph (1) by striking ‘‘and’’ at the
9
end,
10
(2) in paragraph (2) by striking the period at
11
the end and inserting ‘‘; and’’, and
12
(3) by adding at the end the following:
13
‘‘(3) the term ‘solicitation of orders’ means any
14
business activity that facilitates the solicitation of
15
orders even if that activity may also serve some
16
independently valuable business function apart from
17
solicitation.’’.
18
SEC. 70302. RESTRICTION OF FUNDS.
19
No court of the United States may use appropriated
20
funds to enforce a contempt citation for failure to comply
21
with an injunction or temporary restraining order if no
22
security was given when the injunction or order was issued
23
pursuant to Federal Rule of Civil Procedure 65(c), wheth-
24
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er issued prior to, on, or subsequent to the date of enact-
1
ment of this section.
2
TITLE VIII—COMMITTEE ON
3
NATURAL RESOURCES
4
Subtitle A—Energy and Mineral
5
Resources
6
PART I—OIL AND GAS
7
SEC. 80101. ONSHORE OIL AND GAS LEASE SALES.
8
(a) REQUIREMENT TO IMMEDIATELY RESUME ON-
9
SHORE OIL AND GAS LEASE SALES.—
10
(1) IN GENERAL.—The Secretary of the Inte-
11
rior shall immediately resume quarterly onshore oil
12
and gas lease sales in compliance with the Mineral
13
Leasing Act.
14
(2) REQUIREMENT.—The Secretary of the Inte-
15
rior shall ensure—
16
(A) that any oil and gas lease sale pursu-
17
ant to paragraph (1) is conducted immediately
18
on completion of all requirements under the
19
Mineral Leasing Act; and
20
(B) that the processes described in sub-
21
paragraph (A) are conducted in a timely man-
22
ner to ensure compliance with subsection (b)(1).
23
(3) LEASE OF OIL AND GAS LANDS.—Section
24
17(b)(1)(A) of the Mineral Leasing Act (30 U.S.C.
25
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226(b)(1)(A)) is amended by inserting ‘‘Eligible
1
lands comprise all lands subject to leasing under this
2
Act and not excluded from leasing by a statutory or
3
regulatory prohibition. Land shall be considered
4
available under the preceding sentence if the land
5
has been designated as open for leasing under a land
6
use plan developed or revised under section 202 of
7
the Federal Land Policy and Management Act of
8
1976 and has been nominated for leasing through
9
the submission of an expression of interest, is sub-
10
ject to drainage (as described in subsection (j)) in
11
the absence of leasing, or is otherwise designated as
12
available pursuant to regulations issued by the Sec-
13
retary.’’ after ‘‘sales are necessary.’’.
14
(b) QUARTERLY LEASE SALES.—
15
(1) IN GENERAL.—In accordance with the Min-
16
eral Leasing Act, each fiscal year, the Secretary of
17
the Interior shall conduct a minimum of four oil and
18
gas lease sales in each of the following States:
19
(A) Wyoming.
20
(B) New Mexico.
21
(C) Colorado.
22
(D) Utah.
23
(E) Montana.
24
(F) North Dakota.
25
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(G) Oklahoma.
1
(H) Nevada.
2
(I) Alaska.
3
(J) Any other State in which there is land
4
available for oil and gas leasing under the Min-
5
eral Leasing Act or any other mineral leasing
6
law.
7
(2) REQUIREMENT.—In conducting a lease sale
8
under paragraph (1) in a State described in that
9
paragraph, the Secretary of the Interior shall offer
10
not less than 50 percent of all parcels nominated
11
that are available and eligible pursuant to the re-
12
quirements of the Mineral Leasing Act.
13
(3) REPLACEMENT SALES.—The Secretary of
14
the Interior shall conduct a replacement sale during
15
the same fiscal year if—
16
(A) a lease sale under paragraph (1) is
17
canceled, delayed, or deferred, including for a
18
lack of eligible parcels; or
19
(B) during a lease sale under paragraph
20
(1) the percentage of acreage that does not re-
21
ceive a bid is equal to or greater than 25 per-
22
cent of the acreage offered.
23
(c) LEASING OF OIL AND GAS.—Section 17 of the
24
Mineral Leasing Act (30 U.S.C. 226) is amended—
25
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(1) by striking the section designation and all
1
that follows through the end of subsection (a) and
2
inserting the following:
3
‘‘SEC. 17. LEASING OF OIL AND GAS.
4
‘‘(a) LEASING.—
5
‘‘(1) IN GENERAL.—Not later than 18 months
6
after the date of receipt by the Secretary of an ex-
7
pression of interest in leasing land that is subject to
8
disposition under this Act and is known or believed
9
to contain oil or gas deposits, the Secretary shall,
10
subject to paragraph (2), offer such land for oil and
11
gas leasing if the Secretary determines that the land
12
is open to oil or gas leasing under a land use plan
13
developed or revised under section 202 of the Fed-
14
eral Land Policy and Management Act of 1976 (43
15
U.S.C. 1712) and such land use plan—
16
‘‘(A) applies to the planning area in which
17
the land is located; and
18
‘‘(B) is in effect on the date on which the
19
expression of interest was submitted to the Sec-
20
retary.
21
‘‘(2) LAND USE PLANS.—
22
‘‘(A) LEASE TERMS AND CONDITIONS.—A
23
lease issued by the Secretary under this sec-
24
tion—
25
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‘‘(i) shall include any terms and con-
1
ditions of the land use plan that apply to
2
the area of the lease; and
3
‘‘(ii) shall not require any stipulations
4
The text is cut here.
As enrolled or final
917,062 characters · the first 733,093 are shown
H. R. 1
One Hundred Nineteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty-five
An Act
To provide for reconciliation pursuant to title II of H. Con. Res. 14.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Table of contents.
TITLE I—COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY
Subtitle A—Nutrition
Sec. 10101. Re-evaluation of thrifty food plan.
Sec. 10102. Modifications to SNAP work requirements for able-bodied adults.
Sec. 10103. Availability of standard utility allowances based on receipt of energy
assistance.
Sec. 10104. Restrictions on internet expenses.
Sec. 10105. Matching funds requirements.
Sec. 10106. Administrative cost sharing.
Sec. 10107. National education and obesity prevention grant program.
Sec. 10108. Alien SNAP eligibility.
Subtitle B—Forestry
Sec. 10201. Rescission of amounts for forestry.
Subtitle C—Commodities
Sec. 10301. Effective reference price; reference price.
Sec. 10302. Base acres.
Sec. 10303. Producer election.
Sec. 10304. Price loss coverage.
Sec. 10305. Agriculture risk coverage.
Sec. 10306. Equitable treatment of certain entities.
Sec. 10307. Payment limitations.
Sec. 10308. Adjusted gross income limitation.
Sec. 10309. Marketing loans.
Sec. 10310. Repayment of marketing loans.
Sec. 10311. Economic adjustment assistance for textile mills.
Sec. 10312. Sugar program updates.
Sec. 10313. Dairy policy updates.
Sec. 10314. Implementation.
Subtitle D—Disaster Assistance Programs
Sec. 10401. Supplemental agricultural disaster assistance.
Subtitle E—Crop Insurance
Sec. 10501. Beginning farmer and rancher benefit.
Sec. 10502. Area-based crop insurance coverage and affordability.
Sec. 10503. Administrative and operating expense adjustments.
Sec. 10504. Premium support.
Sec. 10505. Program compliance and integrity.
Sec. 10506. Reviews, compliance, and integrity.
Sec. 10507. Poultry insurance pilot program.
Subtitle F—Additional Investments in Rural America
Sec. 10601. Conservation.
H. R. 1—2
Sec. 10602. Supplemental agricultural trade promotion program.
Sec. 10603. Nutrition.
Sec. 10604. Research.
Sec. 10605. Energy.
Sec. 10606. Horticulture.
Sec. 10607. Miscellaneous.
TITLE II—COMMITTEE ON ARMED SERVICES
Sec. 20001. Enhancement of Department of Defense resources for improving the
quality of life for military personnel.
Sec. 20002. Enhancement of Department of Defense resources for shipbuilding.
Sec. 20003. Enhancement of Department of Defense resources for integrated air
and missile defense.
Sec. 20004. Enhancement of Department of Defense resources for munitions and
defense supply chain resiliency.
Sec. 20005. Enhancement of Department of Defense resources for scaling low-cost
weapons into production.
Sec. 20006. Enhancement of Department of Defense resources for improving the ef-
ficiency and cybersecurity of the Department of Defense.
Sec. 20007. Enhancement of Department of Defense resources for air superiority.
Sec. 20008. Enhancement of resources for nuclear forces.
Sec. 20009. Enhancement of Department of Defense resources to improve capabili-
ties of United States Indo-Pacific Command.
Sec. 20010. Enhancement of Department of Defense resources for improving the
readiness of the Department of Defense.
Sec. 20011. Improving Department of Defense border support and counter-drug
missions.
Sec. 20012. Department of Defense oversight.
Sec. 20013. Military construction projects authorized.
TITLE III—COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS
Sec. 30001. Funding cap for the Bureau of Consumer Financial Protection.
Sec. 30002. Rescission of funds for Green and Resilient Retrofit Program for Multi-
family Housing.
Sec. 30003. Securities and Exchange Commission Reserve Fund.
Sec. 30004. Appropriations for Defense Production Act.
TITLE IV—COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
Sec. 40001. Coast Guard mission readiness.
Sec. 40002. Spectrum auctions.
Sec. 40003. Air traffic control improvements.
Sec. 40004. Space launch and reentry licensing and permitting user fees.
Sec. 40005. Mars missions, Artemis missions, and Moon to Mars program.
Sec. 40006. Corporate average fuel economy civil penalties.
Sec. 40007. Payments for lease of Metropolitan Washington Airports.
Sec. 40008. Rescission of certain amounts for the National Oceanic and Atmos-
pheric Administration.
Sec. 40009. Reduction in annual transfers to Travel Promotion Fund.
Sec. 40010. Treatment of unobligated funds for alternative fuel and low-emission
aviation technology.
Sec. 40011. Rescission of amounts appropriated to Public Wireless Supply Chain
Innovation Fund.
TITLE V—COMMITTEE ON ENERGY AND NATURAL RESOURCES
Subtitle A—Oil and Gas Leasing
Sec. 50101. Onshore oil and gas leasing.
Sec. 50102. Offshore oil and gas leasing.
Sec. 50103. Royalties on extracted methane.
Sec. 50104. Alaska oil and gas leasing.
Sec. 50105. National Petroleum Reserve–Alaska.
Subtitle B—Mining
Sec. 50201. Coal leasing.
Sec. 50202. Coal royalty.
Sec. 50203. Leases for known recoverable coal resources.
Sec. 50204. Authorization to mine Federal coal.
Subtitle C—Lands
Sec. 50301. Timber sales and long-term contracting for the Forest Service and the
Bureau of Land Management.
H. R. 1—3
Sec. 50302. Renewable energy fees on Federal land.
Sec. 50303. Renewable energy revenue sharing.
Sec. 50304. Rescission of National Park Service and Bureau of Land Management
funds.
Sec. 50305. Celebrating America’s 250th anniversary.
Subtitle D—Energy
Sec. 50401. Strategic Petroleum Reserve.
Sec. 50402. Repeals; rescissions.
Sec. 50403. Energy dominance financing.
Sec. 50404. Transformational artificial intelligence models.
Subtitle E—Water
Sec. 50501. Water conveyance and surface water storage enhancement.
TITLE VI—COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
Sec. 60001. Rescission of funding for clean heavy-duty vehicles.
Sec. 60002. Repeal of Greenhouse Gas Reduction Fund.
Sec. 60003. Rescission of funding for diesel emissions reductions.
Sec. 60004. Rescission of funding to address air pollution.
Sec. 60005. Rescission of funding to address air pollution at schools.
Sec. 60006. Rescission of funding for the low emissions electricity program.
Sec. 60007. Rescission of funding for section 211(o) of the Clean Air Act.
Sec. 60008. Rescission of funding for implementation of the American Innovation
and Manufacturing Act.
Sec. 60009. Rescission of funding for enforcement technology and public informa-
tion.
Sec. 60010. Rescission of funding for greenhouse gas corporate reporting.
Sec. 60011. Rescission of funding for environmental product declaration assistance.
Sec. 60012. Rescission of funding for methane emissions and waste reduction incen-
tive program for petroleum and natural gas systems.
Sec. 60013. Rescission of funding for greenhouse gas air pollution plans and imple-
mentation grants.
Sec. 60014. Rescission of funding for environmental protection agency efficient, ac-
curate, and timely reviews.
Sec. 60015. Rescission of funding for low-embodied carbon labeling for construction
materials.
Sec. 60016. Rescission of funding for environmental and climate justice block
grants.
Sec. 60017. Rescission of funding for ESA recovery plans.
Sec. 60018. Rescission of funding for environmental and climate data collection.
Sec. 60019. Rescission of neighborhood access and equity grant program.
Sec. 60020. Rescission of funding for Federal building assistance.
Sec. 60021. Rescission of funding for low-carbon materials for Federal buildings.
Sec. 60022. Rescission of funding for GSA emerging and sustainable technologies.
Sec. 60023. Rescission of environmental review implementation funds.
Sec. 60024. Rescission of low-carbon transportation materials grants.
Sec. 60025. John F. Kennedy Center for the Performing Arts.
Sec. 60026. Project sponsor opt-in fees for environmental reviews.
TITLE VII—FINANCE
Subtitle A—Tax
Sec. 70001. References to the Internal Revenue Code of 1986, etc.
CHAPTER 1—PROVIDING PERMANENT TAX RELIEF FOR MIDDLE-CLASS FAMILIES AND
WORKERS
Sec. 70101. Extension and enhancement of reduced rates.
Sec. 70102. Extension and enhancement of increased standard deduction.
Sec. 70103. Termination of deduction for personal exemptions other than tem-
porary senior deduction.
Sec. 70104. Extension and enhancement of increased child tax credit.
Sec. 70105. Extension and enhancement of deduction for qualified business income.
Sec. 70106. Extension and enhancement of increased estate and gift tax exemption
amounts.
Sec. 70107. Extension of increased alternative minimum tax exemption amounts
and modification of phaseout thresholds.
Sec. 70108. Extension and modification of limitation on deduction for qualified resi-
dence interest.
Sec. 70109. Extension and modification of limitation on casualty loss deduction.
H. R. 1—4
Sec. 70110. Termination of miscellaneous itemized deductions other than educator
expenses.
Sec. 70111. Limitation on tax benefit of itemized deductions.
Sec. 70112. Extension and modification of qualified transportation fringe benefits.
Sec. 70113. Extension and modification of limitation on deduction and exclusion for
moving expenses.
Sec. 70114. Extension and modification of limitation on wagering losses.
Sec. 70115. Extension and enhancement of increased limitation on contributions to
ABLE accounts.
Sec. 70116. Extension and enhancement of savers credit allowed for ABLE con-
tributions.
Sec. 70117. Extension of rollovers from qualified tuition programs to ABLE ac-
counts permitted.
Sec. 70118. Extension of treatment of certain individuals performing services in the
Sinai Peninsula and enhancement to include additional areas.
Sec. 70119. Extension and modification of exclusion from gross income of student
loans discharged on account of death or disability.
Sec. 70120. Limitation on individual deductions for certain state and local taxes,
etc.
CHAPTER 2—DELIVERING ON PRESIDENTIAL PRIORITIES TO PROVIDE NEW MIDDLE-
CLASS TAX RELIEF
Sec. 70201. No tax on tips.
Sec. 70202. No tax on overtime.
Sec. 70203. No tax on car loan interest.
Sec. 70204. Trump accounts and contribution pilot program.
CHAPTER 3—ESTABLISHING CERTAINTY AND COMPETITIVENESS FOR AMERICAN JOB
CREATORS
SUBCHAPTER A—PERMANENT U.S. BUSINESS TAX REFORM AND BOOSTING DOMESTIC
INVESTMENT
Sec. 70301. Full expensing for certain business property.
Sec. 70302. Full expensing of domestic research and experimental expenditures.
Sec. 70303. Modification of limitation on business interest.
Sec. 70304. Extension and enhancement of paid family and medical leave credit.
Sec. 70305. Exceptions from limitations on deduction for business meals.
Sec. 70306. Increased dollar limitations for expensing of certain depreciable busi-
ness assets.
Sec. 70307. Special depreciation allowance for qualified production property.
Sec. 70308. Enhancement of advanced manufacturing investment credit.
Sec. 70309. Spaceports are treated like airports under exempt facility bond rules.
SUBCHAPTER B—PERMANENT AMERICA-FIRST INTERNATIONAL TAX REFORMS
PART I—FOREIGN TAX CREDIT
Sec. 70311. Modifications related to foreign tax credit limitation.
Sec. 70312. Modifications to determination of deemed paid credit for taxes properly
attributable to tested income.
Sec. 70313. Sourcing certain income from the sale of inventory produced in the
United States.
PART II—FOREIGN-DERIVED DEDUCTION ELIGIBLE INCOME AND NET CFC TESTED
INCOME
Sec. 70321. Modification of deduction for foreign-derived deduction eligible income
and net CFC tested income.
Sec. 70322. Determination of deduction eligible income.
Sec. 70323. Rules related to deemed intangible income.
PART III—BASE EROSION MINIMUM TAX
Sec. 70331. Extension and modification of base erosion minimum tax amount.
PART IV—BUSINESS INTEREST LIMITATION
Sec. 70341. Coordination of business interest limitation with interest capitalization
provisions.
Sec. 70342. Definition of adjusted taxable income for business interest limitation.
PART V—OTHER INTERNATIONAL TAX REFORMS
Sec. 70351. Permanent extension of look-thru rule for related controlled foreign cor-
porations.
H. R. 1—5
Sec. 70352. Repeal of election for 1-month deferral in determination of taxable year
of specified foreign corporations.
Sec. 70353. Restoration of limitation on downward attribution of stock ownership
in applying constructive ownership rules.
Sec. 70354. Modifications to pro rata share rules.
CHAPTER 4—INVESTING IN AMERICAN FAMILIES, COMMUNITIES, AND SMALL
BUSINESSES
SUBCHAPTER A—PERMANENT INVESTMENTS IN FAMILIES AND CHILDREN
Sec. 70401. Enhancement of employer-provided child care credit.
Sec. 70402. Enhancement of adoption credit.
Sec. 70403. Recognizing Indian tribal governments for purposes of determining
whether a child has special needs for purposes of the adoption credit.
Sec. 70404. Enhancement of the dependent care assistance program.
Sec. 70405. Enhancement of child and dependent care tax credit.
SUBCHAPTER B—PERMANENT INVESTMENTS IN STUDENTS AND REFORMS TO TAX-
EXEMPT INSTITUTIONS
Sec. 70411. Tax credit for contributions of individuals to scholarship granting orga-
nizations.
Sec. 70412. Exclusion for employer payments of student loans.
Sec. 70413. Additional expenses treated as qualified higher education expenses for
purposes of 529 accounts.
Sec. 70414. Certain postsecondary credentialing expenses treated as qualified high-
er education expenses for purposes of 529 accounts.
Sec. 70415. Modification of excise tax on investment income of certain private col-
leges and universities.
Sec. 70416. Expanding application of tax on excess compensation within tax-exempt
organizations.
SUBCHAPTER C—PERMANENT INVESTMENTS IN COMMUNITY DEVELOPMENT
Sec. 70421. Permanent renewal and enhancement of opportunity zones.
Sec. 70422. Permanent enhancement of low-income housing tax credit.
Sec. 70423. Permanent extension of new markets tax credit.
Sec. 70424. Permanent and expanded reinstatement of partial deduction for chari-
table contributions of individuals who do not elect to itemize.
Sec. 70425. 0.5 percent floor on deduction of contributions made by individuals.
Sec. 70426. 1-percent floor on deduction of charitable contributions made by cor-
porations.
Sec. 70427. Permanent increase in limitation on cover over of tax on distilled spir-
its.
Sec. 70428. Nonprofit community development activities in remote native villages.
Sec. 70429. Adjustment of charitable deduction for certain expenses incurred in
support of Native Alaskan subsistence whaling.
Sec. 70430. Exception to percentage of completion method of accounting for certain
residential construction contracts.
SUBCHAPTER D—PERMANENT INVESTMENTS IN SMALL BUSINESS AND RURAL AMERICA
Sec. 70431. Expansion of qualified small business stock gain exclusion.
Sec. 70432. Repeal of revision to de minimis rules for third party network trans-
actions.
Sec. 70433. Increase in threshold for requiring information reporting with respect
to certain payees.
Sec. 70434. Treatment of certain qualified sound recording productions.
Sec. 70435. Exclusion of interest on loans secured by rural or agricultural real
property.
Sec. 70436. Reduction of transfer and manufacturing taxes for certain devices.
Sec. 70437. Treatment of capital gains from the sale of certain farmland property.
Sec. 70438. Extension of rules for treatment of certain disaster-related personal
casualty losses.
Sec. 70439. Restoration of taxable REIT subsidiary asset test.
CHAPTER 5—ENDING GREEN NEW DEAL SPENDING, PROMOTING AMERICA-FIRST
ENERGY, AND OTHER REFORMS
SUBCHAPTER A—TERMINATION OF GREEN NEW DEAL SUBSIDIES
Sec. 70501. Termination of previously-owned clean vehicle credit.
Sec. 70502. Termination of clean vehicle credit.
Sec. 70503. Termination of qualified commercial clean vehicles credit.
H. R. 1—6
Sec. 70504. Termination of alternative fuel vehicle refueling property credit.
Sec. 70505. Termination of energy efficient home improvement credit.
Sec. 70506. Termination of residential clean energy credit.
Sec. 70507. Termination of energy efficient commercial buildings deduction.
Sec. 70508. Termination of new energy efficient home credit.
Sec. 70509. Termination of cost recovery for energy property.
Sec. 70510. Modifications of zero-emission nuclear power production credit.
Sec. 70511. Termination of clean hydrogen production credit.
Sec. 70512. Termination and restrictions on clean electricity production credit.
Sec. 70513. Termination and restrictions on clean electricity investment credit.
Sec. 70514. Phase-out and restrictions on advanced manufacturing production cred-
it.
Sec. 70515. Restriction on the extension of advanced energy project credit program.
SUBCHAPTER B—ENHANCEMENT OF AMERICA-FIRST ENERGY POLICY
Sec. 70521. Extension and modification of clean fuel production credit.
Sec. 70522. Restrictions on carbon oxide sequestration credit.
Sec. 70523. Intangible drilling and development costs taken into account for pur-
poses of computing adjusted financial statement income.
Sec. 70524. Income from hydrogen storage, carbon capture, advanced nuclear, hy-
dropower, and geothermal energy added to qualifying income of certain
publicly traded partnerships.
Sec. 70525. Allow for payments to certain individuals who dye fuel.
SUBCHAPTER C—OTHER REFORMS
Sec. 70531. Modifications to de minimis entry privilege for commercial shipments.
CHAPTER 6—ENHANCING DEDUCTION AND INCOME TAX CREDIT GUARDRAILS, AND
OTHER REFORMS
Sec. 70601. Modification and extension of limitation on excess business losses of
noncorporate taxpayers.
Sec. 70602. Treatment of payments from partnerships to partners for property or
services.
Sec. 70603. Excessive employee remuneration from controlled group members and
allocation of deduction.
Sec. 70604. Excise tax on certain remittance transfers.
Sec. 70605. Enforcement provisions with respect to COVID-related employee reten-
tion credits.
Sec. 70606. Social security number requirement for American Opportunity and
Lifetime Learning credits.
Sec. 70607. Task force on the replacement of Direct File.
Subtitle B—Health
CHAPTER 1—MEDICAID
SUBCHAPTER A—REDUCING FRAUD AND IMPROVING ENROLLMENT PROCESSES
Sec. 71101. Moratorium on implementation of rule relating to eligibility and enroll-
ment in Medicare Savings Programs.
Sec. 71102. Moratorium on implementation of rule relating to eligibility and enroll-
ment for Medicaid, CHIP, and the Basic Health Program.
Sec. 71103. Reducing duplicate enrollment under the Medicaid and CHIP pro-
grams.
Sec. 71104. Ensuring deceased individuals do not remain enrolled.
Sec. 71105. Ensuring deceased providers do not remain enrolled.
Sec. 71106. Payment reduction related to certain erroneous excess payments under
Medicaid.
Sec. 71107. Eligibility redeterminations.
Sec. 71108. Revising home equity limit for determining eligibility for long-term care
services under the Medicaid program.
Sec. 71109. Alien Medicaid eligibility.
Sec. 71110. Expansion FMAP for emergency Medicaid.
SUBCHAPTER B—PREVENTING WASTEFUL SPENDING
Sec. 71111. Moratorium on implementation of rule relating to staffing standards for
long-term care facilities under the Medicare and Medicaid programs.
Sec. 71112. Reducing State Medicaid costs.
Sec. 71113. Federal payments to prohibited entities.
SUBCHAPTER C—STOPPING ABUSIVE FINANCING PRACTICES
Sec. 71114. Sunsetting increased FMAP incentive.
H. R. 1—7
Sec. 71115. Provider taxes.
Sec. 71116. State directed payments.
Sec. 71117. Requirements regarding waiver of uniform tax requirement for Med-
icaid provider tax.
Sec. 71118. Requiring budget neutrality for Medicaid demonstration projects under
section 1115.
SUBCHAPTER D—INCREASING PERSONAL ACCOUNTABILITY
Sec. 71119. Requirement for States to establish Medicaid community engagement
requirements for certain individuals.
Sec. 71120. Modifying cost sharing requirements for certain expansion individuals
under the Medicaid program.
SUBCHAPTER E—EXPANDING ACCESS TO CARE
Sec. 71121. Making certain adjustments to coverage of home or community-based
services under Medicaid.
CHAPTER 2—MEDICARE
SUBCHAPTER A—STRENGTHENING ELIGIBILITY REQUIREMENTS
Sec. 71201. Limiting Medicare coverage of certain individuals.
SUBCHAPTER B—IMPROVING SERVICES FOR SENIORS
Sec. 71202. Temporary payment increase under the medicare physician fee sched-
ule to account for exceptional circumstances.
Sec. 71203. Expanding and clarifying the exclusion for orphan drugs under the
Drug Price Negotiation Program.
CHAPTER 3—HEALTH TAX
SUBCHAPTER A—IMPROVING ELIGIBILITY CRITERIA
Sec. 71301. Permitting premium tax credit only for certain individuals.
Sec. 71302. Disallowing premium tax credit during periods of medicaid ineligibility
due to alien status.
SUBCHAPTER B—PREVENTING WASTE, FRAUD, AND ABUSE
Sec. 71303. Requiring verification of eligibility for premium tax credit.
Sec. 71304. Disallowing premium tax credit in case of certain coverage enrolled in
during special enrollment period.
Sec. 71305. Eliminating limitation on recapture of advance payment of premium
tax credit.
SUBCHAPTER C—ENHANCING CHOICE FOR PATIENTS
Sec. 71306. Permanent extension of safe harbor for absence of deductible for tele-
health services.
Sec. 71307. Allowance of bronze and catastrophic plans in connection with health
savings accounts.
Sec. 71308. Treatment of direct primary care service arrangements.
CHAPTER 4—PROTECTING RURAL HOSPITALS AND PROVIDERS
Sec. 71401. Rural Health Transformation Program.
Subtitle C—Increase in Debt Limit
Sec. 72001. Modification of limitation on the public debt.
Subtitle D—Unemployment
Sec. 73001. Ending unemployment payments to jobless millionaires.
TITLE VIII—COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS
Subtitle A—Exemption of Certain Assets
Sec. 80001. Exemption of certain assets.
Subtitle B—Loan Limits
Sec. 81001. Establishment of loan limits for graduate and professional students
and parent borrowers; termination of graduate and professional PLUS
loans.
Subtitle C—Loan Repayment
Sec. 82001. Loan repayment.
H. R. 1—8
Sec. 82002. Deferment; forbearance.
Sec. 82003. Loan rehabilitation.
Sec. 82004. Public service loan forgiveness.
Sec. 82005. Student loan servicing.
Subtitle D—Pell Grants
Sec. 83001. Eligibility.
Sec. 83002. Workforce Pell Grants.
Sec. 83003. Pell shortfall.
Sec. 83004. Federal Pell Grant exclusion relating to other grant aid.
Subtitle E—Accountability
Sec. 84001. Ineligibility based on low earning outcomes.
Subtitle F—Regulatory Relief
Sec. 85001. Delay of rule relating to borrower defense to repayment.
Sec. 85002. Delay of rule relating to closed school discharges.
Subtitle G—Garden of Heroes
Sec. 86001. Garden of Heroes.
Subtitle H—Office of Refugee Resettlement
Sec. 87001. Potential sponsor vetting for unaccompanied alien children appropria-
tion.
TITLE IX—COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL
AFFAIRS
Subtitle A—Homeland Security Provisions
Sec. 90001. Border infrastructure and wall system.
Sec. 90002. U.S. Customs and Border Protection personnel, fleet vehicles, and fa-
cilities.
Sec. 90003. Detention capacity.
Sec. 90004. Border security, technology, and screening.
Sec. 90005. State and local assistance.
Sec. 90006. Presidential residence protection.
Sec. 90007. Department of Homeland Security appropriations for border support.
Subtitle B—Governmental Affairs Provisions
Sec. 90101. FEHB improvements.
Sec. 90102. Pandemic Response Accountability Committee.
Sec. 90103. Appropriation for the Office of Management and Budget.
TITLE X—COMMITTEE ON THE JUDICIARY
Subtitle A—Immigration and Law Enforcement Matters
PART I—IMMIGRATION FEES
Sec. 100001. Applicability of the immigration laws.
Sec. 100002. Asylum fee.
Sec. 100003. Employment authorization document fees.
Sec. 100004. Immigration parole fee.
Sec. 100005. Special immigrant juvenile fee.
Sec. 100006. Temporary protected status fee.
Sec. 100007. Visa integrity fee.
Sec. 100008. Form I–94 fee.
Sec. 100009. Annual asylum fee.
Sec. 100010. Fee relating to renewal and extension of employment authorization for
parolees.
Sec. 100011. Fee relating to renewal or extension of employment authorization for
asylum applicants.
Sec. 100012. Fee relating to renewal and extension of employment authorization for
aliens granted temporary protected status.
Sec. 100013. Fees relating to applications for adjustment of status.
Sec. 100014. Electronic System for Travel Authorization fee.
Sec. 100015. Electronic Visa Update System fee.
Sec. 100016. Fee for aliens ordered removed in absentia.
Sec. 100017. Inadmissible alien apprehension fee.
Sec. 100018. Amendment to authority to apply for asylum.
PART II—IMMIGRATION AND LAW ENFORCEMENT FUNDING
Sec. 100051. Appropriation for the Department of Homeland Security.
H. R. 1—9
Sec. 100052. Appropriation for U.S. Immigration and Customs Enforcement.
Sec. 100053. Appropriation for Federal Law Enforcement Training Centers.
Sec. 100054. Appropriation for the Department of Justice.
Sec. 100055. Bridging Immigration-related Deficits Experienced Nationwide Reim-
bursement Fund.
Sec. 100056. Appropriation for the Bureau of Prisons.
Sec. 100057. Appropriation for the United States Secret Service.
Subtitle B—Judiciary Matters
Sec. 100101. Appropriation to the Administrative Office of the United States
Courts.
Sec. 100102. Appropriation to the Federal Judicial Center.
Subtitle C—Radiation Exposure Compensation Matters
Sec. 100201. Extension of fund.
Sec. 100202. Claims relating to atmospheric testing.
Sec. 100203. Claims relating to uranium mining.
Sec. 100204. Claims relating to Manhattan Project waste.
Sec. 100205. Limitations on claims.
TITLE
I—COMMITTEE
ON
AGRI-
CULTURE,
NUTRITION,
AND
FOR-
ESTRY
Subtitle A—Nutrition
SEC. 10101. RE-EVALUATION OF THRIFTY FOOD PLAN.
(a) IN GENERAL.—Section 3 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2012) is amended by striking subsection (u)
and inserting the following:
‘‘(u) THRIFTY FOOD PLAN.—
‘‘(1) IN GENERAL.—The term ‘thrifty food plan’ means the
diet required to feed a family of 4 persons consisting of a
man and a woman ages 20 through 50, a child ages 6 through
8, and a child ages 9 through 11 using the items and quantities
of food described in the report of the Department of Agriculture
entitled ‘Thrifty Food Plan, 2021’, and each successor report
updated pursuant to this subsection, subject to the conditions
that—
‘‘(A) the relevant market baskets of the thrifty food
plan shall only be changed pursuant to paragraph (4);
‘‘(B) the cost of the thrifty food plan shall be the
basis for uniform allotments for all households, regardless
of the actual composition of the household; and
‘‘(C) the cost of the thrifty food plan may only be
adjusted in accordance with this subsection.
‘‘(2) HOUSEHOLD ADJUSTMENTS.—The Secretary shall make
household adjustments using the following ratios of household
size as a percentage of the maximum 4-person allotment:
‘‘(A) For a 1-person household, 30 percent.
‘‘(B) For a 2-person household, 55 percent.
‘‘(C) For a 3-person household, 79 percent.
‘‘(D) For a 4-person household, 100 percent.
‘‘(E) For a 5-person household, 119 percent.
‘‘(F) For a 6-person household, 143 percent.
‘‘(G) For a 7-person household, 158 percent.
‘‘(H) For an 8-person household, 180 percent.
H. R. 1—10
‘‘(I) For a household of 9 persons or more, an additional
22 percent per person, which additional percentage shall
not total more than 200 percent.
‘‘(3)
ALLOWABLE
COST
ADJUSTMENTS.—The
Secretary
shall—
‘‘(A) make cost adjustments in the thrifty food plan
for Hawaii and the urban and rural parts of Alaska to
reflect the cost of food in Hawaii and urban and rural
Alaska;
‘‘(B) make cost adjustments in the separate thrifty
food plans for Guam and the Virgin Islands of the United
States to reflect the cost of food in those States, but not
to exceed the cost of food in the 50 States and the District
of Columbia; and
‘‘(C) on October 1, 2025, and on each October 1 there-
after, adjust the cost of the thrifty food plan to reflect
changes in the Consumer Price Index for All Urban Con-
sumers, published by the Bureau of Labor Statistics of
the Department of Labor, for the most recent 12-month
period ending in June.
‘‘(4) RE-EVALUATION OF MARKET BASKETS.—
‘‘(A) RE-EVALUATION.—Not earlier than October 1,
2027, the Secretary may re-evaluate the market baskets
of the thrifty food plan based on current food prices, food
composition data, consumption patterns, and dietary guid-
ance.
‘‘(B) COST
NEUTRALITY.—The Secretary shall not
increase the cost of the thrifty food plan based on a re-
evaluation under this paragraph.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 16(c)(1)(A)(ii)(II) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2025(c)(1)(A)(ii)(II)) is amended by striking
‘‘section 3(u)(4)’’ and inserting ‘‘section 3(u)(3)’’.
(2) Section 19(a)(2)(A)(ii) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2028(a)(2)(A)(ii)) is amended by striking ‘‘sec-
tion 3(u)(4)’’ and inserting ‘‘section 3(u)(3)’’.
(3) Section 27(a)(2) of the Food and Nutrition Act of 2008
(7 U.S.C. 2036(a)(2))) is amended by striking ‘‘section 3(u)(4)’’
each place it appears and inserting ‘‘section 3(u)(3)’’.
SEC. 10102. MODIFICATIONS TO SNAP WORK REQUIREMENTS FOR
ABLE-BODIED ADULTS.
(a) EXCEPTIONS.—Section 6(o) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2015(o)) is amended by striking paragraph (3)
and inserting the following:
‘‘(3) EXCEPTIONS.—Paragraph (2) shall not apply to an indi-
vidual if the individual is—
‘‘(A) under 18, or over 65, years of age;
‘‘(B) medically certified as physically or mentally unfit
for employment;
‘‘(C) a parent or other member of a household with
responsibility for a dependent child under 14 years of age;
‘‘(D) otherwise exempt under subsection (d)(2);
‘‘(E) a pregnant woman;
‘‘(F) an Indian or an Urban Indian (as such terms
are defined in paragraphs (13) and (28) of section 4 of
the Indian Health Care Improvement Act); or
H. R. 1—11
‘‘(G) a California Indian described in section 809(a)
of the Indian Health Care Improvement Act.’’.
(b) STANDARDIZING ENFORCEMENT.—Section 6(o)(4) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2015(o)(4)) is amended—
(1) in subparagraph (A), by striking clause (ii) and inserting
the following:
‘‘(ii) is in a noncontiguous State and has an
unemployment rate that is at or above 1.5 times the
national unemployment rate.’’; and
(2) by adding at the end the following:
‘‘(C) DEFINITION OF NONCONTIGUOUS STATE.—
‘‘(i) IN GENERAL.—In this paragraph, the term ‘non-
contiguous State’ means a State that is not 1 of the
contiguous 48 States or the District of Columbia.
‘‘(ii) EXCLUSIONS.—The term ‘noncontiguous State’
does not include Guam or the Virgin Islands of the
United States.’’.
(c) WAIVER FOR NONCONTIGUOUS STATES.—Section 6(o) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)) is amended—
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following:
‘‘(7) EXEMPTION FOR NONCONTIGUOUS STATES.—
‘‘(A) DEFINITION OF NONCONTIGUOUS STATE.—
‘‘(i) IN GENERAL.—In this paragraph, the term ‘non-
contiguous State’ means a State that is not 1 of the
contiguous 48 States or the District of Columbia.
‘‘(ii) EXCLUSIONS.—In this paragraph, the term
‘noncontiguous State’ does not include Guam or the
Virgin Islands of the United States.
‘‘(B) EXEMPTION.—Subject to subparagraph (D), the
Secretary may exempt individuals in a noncontiguous State
from compliance with the requirements of paragraph (2)
if—
‘‘(i) the State agency submits to the Secretary a
request for that exemption, made in such form and
at such time as the Secretary may require, and
including the information described in subparagraph
(C); and
‘‘(ii) the Secretary determines that based on that
request, the State agency is demonstrating a good faith
effort to comply with the requirements of paragraph
(2).
‘‘(C) GOOD FAITH EFFORT DETERMINATION.—In deter-
mining whether a State agency is demonstrating a good
faith effort for purposes of subparagraph (B)(ii), the Sec-
retary shall consider—
‘‘(i) any actions taken by the State agency toward
compliance with the requirements of paragraph (2);
‘‘(ii) any significant barriers to or challenges in
meeting those requirements, including barriers or chal-
lenges relating to funding, design, development,
procurement, or installation of necessary systems or
resources;
‘‘(iii) the detailed plan and timeline of the State
agency for achieving full compliance with those require-
ments, including any milestones (as defined by the
Secretary); and
H. R. 1—12
‘‘(iv) any other criteria determined appropriate by
the Secretary.
‘‘(D) DURATION OF EXEMPTION.—
‘‘(i) IN
GENERAL.—An exemption granted under
subparagraph (B) shall expire not later than December
31, 2028, and may not be renewed beyond that date.
‘‘(ii) EARLY
TERMINATION.—The Secretary may
terminate an exemption granted under subparagraph
(B) prior to the expiration date of that exemption if
the Secretary determines that the State agency—
‘‘(I) has failed to comply with the reporting
requirements described in subparagraph (E); or
‘‘(II) based on the information provided pursu-
ant to subparagraph (E), failed to make continued
good faith efforts toward compliance with the
requirements of this subsection.
‘‘(E) REPORTING
REQUIREMENTS.—A State agency
granted an exemption under subparagraph (B) shall submit
to the Secretary—
‘‘(i) quarterly progress reports on the status of
the State agency in achieving the milestones toward
full compliance described in subparagraph (C)(iii); and
‘‘(ii) information on specific risks or newly identi-
fied barriers or challenges to full compliance, including
the plan of the State agency to mitigate those risks,
barriers, or challenges.’’.
SEC. 10103. AVAILABILITY OF STANDARD UTILITY ALLOWANCES BASED
ON RECEIPT OF ENERGY ASSISTANCE.
(a) STANDARD UTILITY ALLOWANCE.—Section 5(e)(6)(C)(iv)(I) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(C)(iv)(I))
is amended by inserting ‘‘with an elderly or disabled member’’
after ‘‘households’’.
(b) THIRD-PARTY
ENERGY
ASSISTANCE
PAYMENTS.—Section
5(k)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(k)(4))
is amended—
(1) in subparagraph (A), by inserting ‘‘without an elderly
or disabled member’’ before ‘‘shall be’’; and
(2) in subparagraph (B), by inserting ‘‘with an elderly or
disabled member’’ before ‘‘under a State law’’.
SEC. 10104. RESTRICTIONS ON INTERNET EXPENSES.
Section 5(e)(6) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(6)) is amended by adding at the end the following:
‘‘(E) RESTRICTIONS
ON
INTERNET
EXPENSES.—Any
service fee associated with internet connection shall not
be used in computing the excess shelter expense deduction
under this paragraph.’’.
SEC. 10105. MATCHING FUNDS REQUIREMENTS.
(a) IN GENERAL.—Section 4(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(a)) is amended—
(1) by striking ‘‘(a) Subject to’’ and inserting the following:
‘‘(a) PROGRAM.—
‘‘(1) ESTABLISHMENT.—Subject to’’; and
(2) by adding at the end the following:
‘‘(2) STATE QUALITY CONTROL INCENTIVE.—
H. R. 1—13
‘‘(A) DEFINITION
OF
PAYMENT
ERROR
RATE.—In this
paragraph, the term ‘payment error rate’ has the meaning
given the term in section 16(c)(2).
‘‘(B) STATE COST SHARE.—
‘‘(i) IN GENERAL.—Subject to clause (iii), beginning
in fiscal year 2028, if the payment error rate of a
State as determined under clause (ii) is—
‘‘(I) less than 6 percent, the Federal share
of the cost of the allotment described in paragraph
(1) for that State in a fiscal year shall be 100
percent, and the State share shall be 0 percent;
‘‘(II) equal to or greater than 6 percent but
less than 8 percent, the Federal share of the cost
of the allotment described in paragraph (1) for
that State in a fiscal year shall be 95 percent,
and the State share shall be 5 percent;
‘‘(III) equal to or greater than 8 percent but
less than 10 percent, the Federal share of the
cost of the allotment described in paragraph (1)
for that State in a fiscal year shall be 90 percent,
and the State share shall be 10 percent; and
‘‘(IV) equal to or greater than 10 percent, the
Federal share of the cost of the allotment described
in paragraph (1) for that State in a fiscal year
shall be 85 percent, and the State share shall
be 15 percent.
‘‘(ii) ELECTIONS.—
‘‘(I) FISCAL YEAR 2028.—For fiscal year 2028,
to calculate the applicable State share under
clause (i), a State may elect to use the payment
error rate of the State from fiscal year 2025 or
2026.
‘‘(II) FISCAL YEAR 2029 AND THEREAFTER.—For
fiscal year 2029 and each fiscal year thereafter,
to calculate the applicable State share under
clause (i), the Secretary shall use the payment
error rate of the State for the third fiscal year
preceding the fiscal year for which the State share
is being calculated.
‘‘(iii) DELAYED IMPLEMENTATION.—
‘‘(I) FISCAL YEAR 2025.—If, for fiscal year 2025,
the payment error rate of a State multiplied by
1.5 is equal to or above 20 percent, the
implementation date under clause (i) for that State
shall be fiscal year 2029.
‘‘(II) FISCAL YEAR 2026.—If, for fiscal year 2026,
the payment error rate of a State multiplied by
1.5 is equal to or above 20 percent, the
implementation date under clause (i) for that State
shall be fiscal year 2030.
‘‘(3) MAXIMUM FEDERAL PAYMENT.—The Secretary may not
pay towards the cost of an allotment described in paragraph
(1) an amount that is greater than the applicable Federal
share under paragraph (2).’’.
(b) LIMITATION ON AUTHORITY.—Section 13(a)(1) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2022(a)(1)) is amended in
H. R. 1—14
the first sentence by inserting ‘‘or the payment or disposition of
a State share under section 4(a)(2)’’ after ‘‘16(c)(1)(D)(i)(II)’’.
SEC. 10106. ADMINISTRATIVE COST SHARING.
Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(a)) is amended in the matter preceding paragraph (1) by
striking ‘‘agency an amount equal to 50 per centum’’ and inserting
‘‘agency, through fiscal year 2026, 50 percent, and for fiscal year
2027 and each fiscal year thereafter, 25 percent,’’.
SEC. 10107. NATIONAL EDUCATION AND OBESITY PREVENTION GRANT
PROGRAM.
Section 28(d)(1)(F) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036a(d)(1)(F)) is amended by striking ‘‘for fiscal year 2016
and each subsequent fiscal year’’ and inserting ‘‘for each of fiscal
years 2016 through 2025’’.
SEC. 10108. ALIEN SNAP ELIGIBILITY.
Section 6(f) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(f)) is amended to read as follows:
‘‘(f) No individual who is a member of a household otherwise
eligible to participate in the supplemental nutrition assistance pro-
gram under this section shall be eligible to participate in the
supplemental nutrition assistance program as a member of that
or any other household unless he or she is—
‘‘(1) a resident of the United States; and
‘‘(2) either—
‘‘(A) a citizen or national of the United States;
‘‘(B) an alien lawfully admitted for permanent resi-
dence as an immigrant as defined by sections 101(a)(15)
and 101(a)(20) of the Immigration and Nationality Act,
excluding, among others, alien visitors, tourists, diplomats,
and students who enter the United States temporarily with
no intention of abandoning their residence in a foreign
country;
‘‘(C) an alien who has been granted the status of Cuban
and Haitian entrant, as defined in section 501(e) of the
Refugee Education Assistance Act of 1980 (Public Law
96–422); or
‘‘(D) an individual who lawfully resides in the United
States in accordance with a Compact of Free Association
referred to in section 402(b)(2)(G) of the Personal Responsi-
bility and Work Opportunity Reconciliation Act of 1996.
The income (less, at State option, a pro rata share) and financial
resources of the individual rendered ineligible to participate
in the supplemental nutrition assistance program under this
subsection shall be considered in determining the eligibility
and the value of the allotment of the household of which such
individual is a member.’’.
Subtitle B—Forestry
SEC. 10201. RESCISSION OF AMOUNTS FOR FORESTRY.
The unobligated balances of amounts appropriated by the fol-
lowing provisions of Public Law 117–169 are rescinded:
(1) Paragraphs (3) and (4) of section 23001(a) (136 Stat.
2023).
H. R. 1—15
(2) Paragraphs (1) through (4) of section 23002(a) (136
Stat. 2025).
(3) Section 23003(a)(2) (136 Stat. 2026).
(4) Section 23005 (136 Stat. 2027).
Subtitle C—Commodities
SEC. 10301. EFFECTIVE REFERENCE PRICE; REFERENCE PRICE.
(a) EFFECTIVE REFERENCE PRICE.—Section 1111(8)(B)(ii) of the
Agricultural Act of 2014 (7 U.S.C. 9011(8)(B)(ii)) is amended by
striking ‘‘85’’ and inserting ‘‘beginning with the crop year 2025,
88’’.
(b) REFERENCE PRICE.—Section 1111 of the Agricultural Act
of 2014 (7 U.S.C. 9011) is amended by striking paragraph (19)
and inserting the following:
‘‘(19) REFERENCE PRICE.—
‘‘(A) IN GENERAL.—Effective beginning with the 2025
crop year, subject to subparagraphs (B) and (C), the term
‘reference price’, with respect to a covered commodity for
a crop year, means the following:
‘‘(i) For wheat, $6.35 per bushel.
‘‘(ii) For corn, $4.10 per bushel.
‘‘(iii) For grain sorghum, $4.40 per bushel.
‘‘(iv) For barley, $5.45 per bushel.
‘‘(v) For oats, $2.65 per bushel.
‘‘(vi) For long grain rice, $16.90 per hundredweight.
‘‘(vii) For medium grain rice, $16.90 per hundred-
weight.
‘‘(viii) For soybeans, $10.00 per bushel.
‘‘(ix) For other oilseeds, $23.75 per hundredweight.
‘‘(x) For peanuts, $630.00 per ton.
‘‘(xi) For dry peas, $13.10 per hundredweight.
‘‘(xii) For lentils, $23.75 per hundredweight.
‘‘(xiii) For small chickpeas, $22.65 per hundred-
weight.
‘‘(xiv) For large chickpeas, $25.65 per hundred-
weight.
‘‘(xv) For seed cotton, $0.42 per pound.
‘‘(B) EFFECTIVENESS.—Effective beginning with the
2031 crop year, the reference prices defined in subpara-
graph (A) with respect to a covered commodity shall equal
the reference price in the previous crop year multiplied
by 1.005.
‘‘(C) LIMITATION.—In no case shall a reference price
for a covered commodity exceed 113 percent of the reference
price for such covered commodity listed in subparagraph
(A).’’.
SEC. 10302. BASE ACRES.
Section 1112 of the Agricultural Act of 2014 (7 U.S.C. 9012)
is amended—
(1) in subsection (d)(3)(A), by striking ‘‘2023’’ and inserting
‘‘2031’’; and
(2) by adding at the end the following:
‘‘(e) ADDITIONAL BASE ACRES.—
H. R. 1—16
‘‘(1) IN GENERAL.—As soon as practicable after the date
of enactment of this subsection, and notwithstanding subsection
(a), the Secretary shall provide notice to owners of eligible
farms pursuant to paragraph (3) and allocate to those eligible
farms a total of not more than an additional 30,000,000 base
acres in the manner provided in this subsection. An owner
of a farm that is eligible to receive an allocation of base acres
may elect to not receive that allocation by notifying the Sec-
retary not later than 90 days after receipt of the notice provided
by the Secretary under this paragraph.
‘‘(2) CONTENT OF NOTICE.—The notice under paragraph (1)
shall include the following:
‘‘(A) Information that the allocation is occurring.
‘‘(B) Information regarding the eligibility of the farm
for an allocation of base acres under paragraph (3).
‘‘(C) Information regarding how an owner may appeal
a determination of ineligibility for an allocation of base
acres under paragraph (3) through an appeals process
established by the Secretary.
‘‘(3) ELIGIBILITY.—
‘‘(A) IN GENERAL.—Subject to subparagraph (D), effec-
tive beginning with the 2026 crop year, a farm is eligible
to receive an allocation of base acres if, with respect to
the farm, the amount described in subparagraph (B)
exceeds the amount described in subparagraph (C).
‘‘(B) 5-YEAR AVERAGE SUM.—The amount described in
this subparagraph, with respect to a farm, is the sum
of—
‘‘(i) the 5-year average of—
‘‘(I) the acreage planted on the farm to all
covered commodities for harvest, grazing, haying,
silage or other similar purposes for the 2019
through 2023 crop years; and
‘‘(II) any acreage on the farm that the pro-
ducers were prevented from planting during the
2019 through 2023 crop years to covered commod-
ities because of drought, flood, or other natural
disaster, or other condition beyond the control of
the producers, as determined by the Secretary;
plus
‘‘(ii) the lesser of—
‘‘(I) 15 percent of the total acres on the farm;
and
‘‘(II) the 5-year average of—
‘‘(aa) the acreage planted on the farm to
eligible noncovered commodities for harvest,
grazing, haying, silage, or other similar pur-
poses for the 2019 through 2023 crop years;
and
‘‘(bb) any acreage on the farm that the
producers
were
prevented
from
planting
during the 2019 through 2023 crop years to
eligible noncovered commodities because of
drought, flood, or other natural disaster, or
other condition beyond the control of the pro-
ducers, as determined by the Secretary.
H. R. 1—17
‘‘(C) TOTAL
NUMBER
OF
BASE
ACRES
FOR
COVERED
COMMODITIES.—The amount described in this subpara-
graph, with respect to a farm, is the total number of
base acres for covered commodities on the farm (excluding
unassigned crop base), as in effect on September 30, 2024.
‘‘(D) EFFECT OF NO RECENT PLANTINGS OF COVERED
COMMODITIES.—In the case of a farm for which the amount
determined under clause (i) of subparagraph (B) is equal
to zero, that farm shall be ineligible to receive an allocation
of base acres under this subsection.
‘‘(E) ACREAGE PLANTED ON THE FARM TO ELIGIBLE NON-
COVERED COMMODITIES DEFINED.—In this paragraph, the
term ‘acreage planted on the farm to eligible noncovered
commodities’ means acreage planted on a farm to commod-
ities other than covered commodities, trees, bushes, vines,
grass, or pasture (including cropland that was idle or fal-
low), as determined by the Secretary.
‘‘(4) NUMBER OF BASE ACRES.—Subject to paragraphs (3)
and (8), the number of base acres allocated to an eligible
farm shall—
‘‘(A) be equal to the difference obtained by subtracting
the amount determined under subparagraph (C) of para-
graph (3) from the amount determined under subparagraph
(B) of that paragraph; and
‘‘(B) include unassigned crop base.
‘‘(5) ALLOCATION OF ACRES.—
‘‘(A) ALLOCATION.—The Secretary shall allocate the
number of base acres under paragraph (4) among those
covered commodities planted on the farm at any time
during the 2019 through 2023 crop years.
‘‘(B) ALLOCATION
FORMULA.—The allocation of addi-
tional base acres for covered commodities shall be in propor-
tion to the ratio of—
‘‘(i) the 5-year average of—
‘‘(I) the acreage planted on the farm to each
covered commodity for harvest, grazing, haying,
silage, or other similar purposes for the 2019
through 2023 crop years; and
‘‘(II) any acreage on the farm that the pro-
ducers were prevented from planting during the
2019 through 2023 crop years to that covered com-
modity because of drought, flood, or other natural
disaster, or other condition beyond the control of
the producers, as determined by the Secretary;
to
‘‘(ii) the 5-year average determined under para-
graph (3)(B)(i).
‘‘(C) INCLUSION OF ALL 5 YEARS IN AVERAGE.—For the
purpose of determining a 5-year acreage average under
subparagraph (B) for a farm, the Secretary shall not
exclude any crop year in which a covered commodity was
not planted.
‘‘(D) TREATMENT OF MULTIPLE PLANTING OR PREVENTED
PLANTING.—For the purpose of determining under subpara-
graph (B) the acreage on a farm that producers planted
or were prevented from planting during the 2019 through
2023 crop years to covered commodities, if the acreage
H. R. 1—18
that was planted or prevented from being planted was
devoted to another covered commodity in the same crop
year (other than a covered commodity produced under an
established practice of double cropping), the owner may
elect the covered commodity to be used for that crop year
in determining the 5-year average, but may not include
both the initial covered commodity and the subsequent
covered commodity.
‘‘(E) LIMITATION.—The allocation of additional base
acres among covered commodities on a farm under this
paragraph may not result in a total number of base acres
for the farm in excess of the total number of acres on
the farm.
‘‘(6) REDUCTION BY THE SECRETARY.—In carrying out this
subsection, if the total number of eligible acres allocated to
base acres across all farms in the United States under this
subsection would exceed 30,000,000 acres, the Secretary shall
apply an across-the-board, pro-rata reduction to the number
of eligible acres to ensure the number of allocated base acres
under this subsection is equal to 30,000,000 acres.
‘‘(7) PAYMENT YIELD.—Beginning with crop year 2026, for
the purpose of making price loss coverage payments under
section 1116, the Secretary shall establish payment yields to
base acres allocated under this subsection equal to—
‘‘(A) the payment yield established on the farm for
the applicable covered commodity; and
‘‘(B) if no such payment yield for the applicable covered
commodity exists, a payment yield—
‘‘(i) equal to the average payment yield for the
covered commodity for the county in which the farm
is situated; or
‘‘(ii) determined pursuant to section 1113(c).
‘‘(8) TREATMENT OF NEW OWNERS.—In the case of a farm
for which the owner on the date of enactment of this subsection
was not the owner for the 2019 through 2023 crop years,
the Secretary shall use the planting history of the prior owner
or owners of that farm for purposes of determining—
‘‘(A) eligibility under paragraph (3);
‘‘(B) eligible acres under paragraph (4); and
‘‘(C) the allocation of acres under paragraph (5).’’.
SEC. 10303. PRODUCER ELECTION.
(a) IN GENERAL.—Section 1115 of the Agricultural Act of 2014
(7 U.S.C. 9015) is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘2023’’ and inserting ‘‘2031’’;
(2) in subsection (c)—
(A) in the matter preceding paragraph (1)—
(i) by striking ‘‘crop year or’’ and inserting ‘‘crop
year,’’; and
(ii) by inserting ‘‘or the 2026 crop year,’’ after
‘‘2019 crop year,’’;
(B) in paragraph (1)—
(i) by striking ‘‘crop year or’’ and inserting ‘‘crop
year,’’; and
(ii) by inserting ‘‘or the 2026 crop year,’’ after
‘‘2019 crop year,’’; and
H. R. 1—19
(C) in paragraph (2)—
(i) in subparagraph (A), by striking ‘‘and’’ at the
end;
(ii) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(C) the same coverage for each covered commodity
on the farm for the 2027 through 2031 crop years as
was applicable for the 2025 crop year.’’; and
(3) by adding at the end the following:
‘‘(i) HIGHER OF PRICE LOSS COVERAGE PAYMENTS AND AGRI-
CULTURE RISK COVERAGE PAYMENTS.—For the 2025 crop year, the
Secretary shall, on a covered commodity-by-covered commodity
basis, make the higher of price loss coverage payments under section
1116 and agriculture risk coverage county coverage payments under
section 1117 to the producers on a farm for the payment acres
for each covered commodity on the farm.’’.
(b) FEDERAL
CROP
INSURANCE
SUPPLEMENTAL
COVERAGE
OPTION.—Section 508(c)(4)(C)(iv) of the Federal Crop Insurance Act
(7 U.S.C. 1508(c)(4)(C)(iv)) is amended by striking ‘‘Crops for which
the producer has elected under section 1116 of the Agricultural
Act of 2014 to receive agriculture risk coverage and acres’’ and
inserting ‘‘Acres’’.
SEC. 10304. PRICE LOSS COVERAGE.
Section 1116 of the Agricultural Act of 2014 (7 U.S.C. 9016)
is amended—
(1) in subsection (a)(2), in the matter preceding subpara-
graph (A), by striking ‘‘2023’’ and inserting ‘‘2031’’;
(2) in subsection (c)(1)(B)—
(A) in the subparagraph heading, by striking ‘‘2023’’
and inserting ‘‘2031’’; and
(B) in the matter preceding clause (i), by striking
‘‘2023’’ and inserting ‘‘2031’’;
(3) in subsection (d), in the matter preceding paragraph
(1), by striking ‘‘2025’’ and inserting ‘‘2031’’; and
(4) in subsection (g)—
(A) by striking ‘‘subparagraph (F) of section 1111(19)’’
and inserting ‘‘paragraph (19)(A)(vi) of section 1111’’; and
(B) by striking ‘‘2012 through 2016’’ each place it
appears and inserting ‘‘2017 through 2021’’.
SEC. 10305. AGRICULTURE RISK COVERAGE.
Section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017)
is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘2023’’ and inserting ‘‘2031’’;
(2) in subsection (c)—
(A) in paragraph (1), by inserting ‘‘for each of the
2014 through 2024 crop years and 90 percent of the bench-
mark revenue for each of the 2025 through 2031 crop
years’’ before the period at the end;
(B) by striking ‘‘2023’’ each place it appears and
inserting ‘‘2031’’; and
(C) in paragraph (4)(B), in the subparagraph heading,
by striking ‘‘2023’’ and inserting ‘‘2031’’;
(3) in subsection (d)(1), by striking subparagraph (B) and
inserting the following:
H. R. 1—20
‘‘(B)(i) for each of the 2014 through 2024 crop years,
10 percent of the benchmark revenue for the crop year
applicable under subsection (c); and
‘‘(ii) for each of the 2025 through 2031 crop years,
12 percent of the benchmark revenue for the crop year
applicable under subsection (c).’’; and
(4) in subsections (e), (g)(5), and (i)(5), by striking ‘‘2023’’
each place it appears and inserting ‘‘2031’’.
SEC. 10306. EQUITABLE TREATMENT OF CERTAIN ENTITIES.
(a) IN GENERAL.—Section 1001 of the Food Security Act of
1985 (7 U.S.C. 1308) is amended—
(1) in subsection (a)—
(A) by redesignating paragraph (5) as paragraph (6);
and
(B) by inserting after paragraph (4) the following:
‘‘(5) QUALIFIED PASS-THROUGH ENTITY.—The term ‘qualified
pass-through entity’ means—
‘‘(A) a partnership (within the meaning of subchapter
K of chapter 1 of the Internal Revenue Code of 1986);
‘‘(B) an S corporation (as defined in section 1361 of
that Code);
‘‘(C) a limited liability company that does not affirma-
tively elect to be treated as a corporation; and
‘‘(D) a joint venture or general partnership.’’;
(2) in subsections (b) and (c), by striking ‘‘except a joint
venture or general partnership’’ each place it appears and
inserting ‘‘except a qualified pass-through entity’’; and
(3) in subsection (d), by striking ‘‘subtitle B of title I of
the Agricultural Act of 2014 or’’.
(b) ATTRIBUTION OF PAYMENTS.—Section 1001(e)(3)(B)(ii) of the
Food Security Act of 1985 (7 U.S.C. 1308(e)(3)(B)(ii)) is amended—
(1) in the clause heading, by striking ‘‘JOINT VENTURES
AND GENERAL PARTNERSHIPS’’ and inserting ‘‘QUALIFIED PASS-
THROUGH ENTITIES’’;
(2) by striking ‘‘a joint venture or a general partnership’’
and inserting ‘‘a qualified pass-through entity’’;
(3) by striking ‘‘joint ventures and general partnerships’’
and inserting ‘‘qualified pass-through entities’’; and
(4) by striking ‘‘the joint venture or general partnership’’
and inserting ‘‘the qualified pass-through entity’’.
(c)
PERSONS
ACTIVELY
ENGAGED
IN
FARMING.—Section
1001A(b)(2) of the Food Security Act of 1985 (7 U.S.C. 1308–1(b)(2))
is amended—
(1) subparagraphs (A) and (B), by striking ‘‘a general part-
nership, a participant in a joint venture’’ each place it appears
and inserting ‘‘a qualified pass-through entity’’; and
(2) in subparagraph (C), by striking ‘‘a general partnership,
joint venture, or similar entity’’ and inserting ‘‘a qualified pass-
through entity or a similar entity’’.
(d) JOINT AND SEVERAL LIABILITY.—Section 1001B(d) of the
Food Security Act of 1985 (7 U.S.C. 1308–2(d)) is amended by
striking ‘‘partnerships and joint ventures’’ and inserting ‘‘qualified
pass-through entities’’.
(e) EXCLUSION FROM AGI CALCULATION.—Section 1001D(d) of
the Food Security Act of 1985 (7 U.S.C. 1308–3a(d)) is amended
H. R. 1—21
by striking ‘‘, general partnership, or joint venture’’ each place
it appears.
SEC. 10307. PAYMENT LIMITATIONS.
Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308)
is amended—
(1) in subsection (b)—
(A) by striking ‘‘The’’ and inserting ‘‘Subject to sub-
section (i), the’’; and
(B) by striking ‘‘$125,000’’ and inserting ‘‘$155,000’’;
(2) in subsection (c)—
(A) by striking ‘‘The’’ and inserting ‘‘Subject to sub-
section (i), the’’; and
(B) by striking ‘‘$125,000’’ and inserting ‘‘$155,000’’;
and
(3) by adding at the end the following:
‘‘(i) ADJUSTMENT.—For the 2025 crop year and each crop year
thereafter, the Secretary shall annually adjust the amounts
described in subsections (b) and (c) for inflation based on the Con-
sumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor.’’.
SEC. 10308. ADJUSTED GROSS INCOME LIMITATION.
Section 1001D(b) of the Food Security Act of 1985 (7 U.S.C.
1308–3a(b)) is amended—
(1) in paragraph (1), by striking ‘‘paragraph (3)’’ and
inserting ‘‘paragraphs (3) and (4)’’; and
(2) by adding at the end the following:
‘‘(4) EXCEPTION FOR CERTAIN OPERATIONS.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) EXCEPTED
PAYMENT
OR
BENEFIT.—The term
‘excepted payment or benefit’ means—
‘‘(I) a payment or benefit under subtitle E
of title I of the Agricultural Act of 2014 (7 U.S.C.
9081 et seq.);
‘‘(II) a payment or benefit under section 196
of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333); and
‘‘(III) a payment or benefit described in para-
graph (2)(C) received on or after October 1, 2024.
‘‘(ii) FARMING, RANCHING, OR SILVICULTURE ACTIVI-
TIES.—The term ‘farming, ranching, or silviculture
activities’ includes agri-tourism, direct-to-consumer
marketing of agricultural products, the sale of agricul-
tural equipment owned by the person or legal entity,
and other agriculture-related activities, as determined
by the Secretary.
‘‘(B) EXCEPTION.—In the case of an excepted payment
or benefit, the limitation established by paragraph (1) shall
not apply to a person or legal entity during a crop, fiscal,
or program year, as appropriate, if greater than or equal
to 75 percent of the average gross income of the person
or legal entity derives from farming, ranching, or
silviculture activities.’’.
H. R. 1—22
SEC. 10309. MARKETING LOANS.
(a) AVAILABILITY
OF NONRECOURSE MARKETING ASSISTANCE
LOANS FOR LOAN COMMODITIES.—Section 1201(b)(1) of the Agricul-
tural Act of 2014 (7 U.S.C. 9031(b)(1)) is amended by striking
‘‘2023’’ and inserting ‘‘2031’’.
(b) LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE
LOANS.—Section 1202 of the Agricultural Act of 2014 (7 U.S.C.
9032) is amended—
(1) in subsection (b)—
(A) in the subsection heading, by striking ‘‘2023’’ and
inserting ‘‘2025’’; and
(B) in the matter preceding paragraph (1), by striking
‘‘2023’’ and inserting ‘‘2025’’;
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
‘‘(c) 2026 THROUGH 2031 CROP YEARS.—For purposes of each
of the 2026 through 2031 crop years, the loan rate for a marketing
assistance loan under section 1201 for a loan commodity shall
be equal to the following:
‘‘(1) In the case of wheat, $3.72 per bushel.
‘‘(2) In the case of corn, $2.42 per bushel.
‘‘(3) In the case of grain sorghum, $2.42 per bushel.
‘‘(4) In the case of barley, $2.75 per bushel.
‘‘(5) In the case of oats, $2.20 per bushel.
‘‘(6) In the case of upland cotton, $0.55 per pound.
‘‘(7) In the case of extra long staple cotton, $1.00 per
pound.
‘‘(8) In the case of long grain rice, $7.70 per hundredweight.
‘‘(9) In the case of medium grain rice, $7.70 per hundred-
weight.
‘‘(10) In the case of soybeans, $6.82 per bushel.
‘‘(11) In the case of other oilseeds, $11.10 per hundred-
weight for each of the following kinds of oilseeds:
‘‘(A) Sunflower seed.
‘‘(B) Rapeseed.
‘‘(C) Canola.
‘‘(D) Safflower.
‘‘(E) Flaxseed.
‘‘(F) Mustard seed.
‘‘(G) Crambe.
‘‘(H) Sesame seed.
‘‘(I) Other oilseeds designated by the Secretary.
‘‘(12) In the case of dry peas, $6.87 per hundredweight.
‘‘(13) In the case of lentils, $14.30 per hundredweight.
‘‘(14) In the case of small chickpeas, $11.00 per hundred-
weight.
‘‘(15) In the case of large chickpeas, $15.40 per hundred-
weight.
‘‘(16) In the case of graded wool, $1.60 per pound.
‘‘(17) In the case of nongraded wool, $0.55 per pound.
‘‘(18) In the case of mohair, $5.00 per pound.
‘‘(19) In the case of honey, $1.50 per pound.
‘‘(20) In the case of peanuts, $390 per ton.’’;
(4) in subsection (d) (as so redesignated), by striking ‘‘(a)(11)
and (b)(11)’’ and inserting ‘‘(a)(11), (b)(11), and (c)(11)’’; and
H. R. 1—23
(5) in subsection (e) (as so redesignated), in paragraph
(1), by striking ‘‘$0.25’’ and inserting ‘‘$0.30’’.
(c) PAYMENT OF COTTON STORAGE COSTS.—Section 1204(g) of
the Agricultural Act of 2014 (7 U.S.C. 9034(g)) is amended—
(1) by striking ‘‘Effective’’ and inserting the following:
‘‘(1) CROP YEARS 2014 THROUGH 2025.—Effective’’;
(2) in paragraph (1) (as so designated), by striking ‘‘2023’’
and inserting ‘‘2025’’; and
(3) by adding at the end the following:
‘‘(2) PAYMENT
OF
COTTON
STORAGE
COSTS.—Effective for
each of the 2026 through 2031 crop years, the Secretary shall
make cotton storage payments for upland cotton and extra
long staple cotton available in the same manner as the Sec-
retary provided storage payments for the 2006 crop of upland
cotton, except that the payment rate shall be equal to the
lesser of—
‘‘(A) the submitted storage charge for the current mar-
keting year; and
‘‘(B) in the case of storage in—
‘‘(i) California or Arizona, a payment rate of $4.90;
and
‘‘(ii) any other State, a payment rate of $3.00.’’.
(d) LOAN DEFICIENCY PAYMENTS.—
(1) CONTINUATION.—Section 1205(a)(2)(B) of the Agricul-
tural Act of 2014 (7 U.S.C. 9035(a)(2)(B)) is amended by striking
‘‘2023’’ and inserting ‘‘2031’’.
(2) PAYMENTS IN LIEU OF LDPS.—Section 1206 of the Agri-
cultural Act of 2014 (7 U.S.C. 9036) is amended, in subsections
(a) and (d), by striking ‘‘2023’’ each place it appears and
inserting ‘‘2031’’.
(e) SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG STAPLE
COTTON.—Section 1208(a) of the Agricultural Act of 2014 (7 U.S.C.
9038(a)) is amended, in the matter preceding paragraph (1), by
striking ‘‘2026’’ and inserting ‘‘2032’’.
(f) AVAILABILITY
OF RECOURSE LOANS.—Section 1209 of the
Agricultural Act of 2014 (7 U.S.C. 9039) is amended, in subsections
(a)(2), (b), and (c), by striking ‘‘2023’’ each place it appears and
inserting ‘‘2031’’.
SEC. 10310. REPAYMENT OF MARKETING LOANS.
Section 1204 of the Agricultural Act of 2014 (7 U.S.C. 9034)
is amended—
(1) in subsection (b)—
(A) by redesignating paragraph (1) as subparagraph
(A) and indenting appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking ‘‘The Secretary’’ and inserting
the following:
‘‘(1) IN GENERAL.—The Secretary’’; and
(C) by striking paragraph (2) and inserting the fol-
lowing:
‘‘(B)(i) in the case of long grain rice and medium grain
rice, the prevailing world market price for the commodity,
as determined and adjusted by the Secretary in accordance
with this section; or
H. R. 1—24
‘‘(ii) in the case of upland cotton, the prevailing world
market price for the commodity, as determined and
adjusted by the Secretary in accordance with this section.
‘‘(2) REFUND FOR UPLAND COTTON.—In the case of a repay-
ment for a marketing assistance loan for upland cotton at
a rate described in paragraph (1)(B)(ii), the Secretary shall
provide to the producer a refund (if any) in an amount equal
to the difference between the lowest prevailing world market
price, as determined and adjusted by the Secretary in accord-
ance with this section, during the 30-day period following the
date on which the producer repays the marketing assistance
loan and the repayment rate.’’;
(2) in subsection (c)—
(A) by striking the period at the end and inserting
‘‘; and’’;
(B) by striking ‘‘at the loan rate’’ and inserting the
following: ″at a rate that is the lesser of— ‘‘
‘‘(1) the loan rate’’; and
(C) by adding at the end the following:
‘‘(2) the prevailing world market price for the commodity,
as determined and adjusted by the Secretary in accordance
with this section.’’;
(3) in subsection (d)—
(A) in paragraph (1), by striking ‘‘and medium grain
rice’’ and inserting ‘‘medium grain rice, and extra long
staple cotton’’;
(B) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively, and indenting appro-
priately;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ‘‘For purposes’’ and inserting the
following:
‘‘(1) IN GENERAL.—For purposes’’; and
(D) by adding at the end the following:
‘‘(2) UPLAND COTTON.—In the case of upland cotton, for
any period when price quotations for Middling (M) 13⁄32-inch
cotton are available, the formula under paragraph (1)(A) shall
be based on the average of the 3 lowest-priced growths that
are quoted.’’; and
(4) in subsection (e)—
(A) in the subsection heading, by inserting ‘‘EXTRA
LONG STAPLE COTTON,’’ after ‘‘UPLAND COTTON,’’;
(B) in paragraph (2)—
(i) in the paragraph heading, by inserting
‘‘UPLAND’’ before ‘‘COTTON’’; and
(ii) in subparagraph (B), in the matter preceding
clause (i), by striking ‘‘2024’’ and inserting ‘‘2032’’;
(C) by redesignating paragraph (3) as paragraph (4);
and
(D) by inserting after paragraph (2) the following:
‘‘(3) EXTRA LONG STAPLE COTTON.—The prevailing world
market price for extra long staple cotton determined under
subsection (d)—
‘‘(A) shall be adjusted to United States quality and
location, with the adjustment to include the average costs
to market the commodity, including average transportation
costs, as determined by the Secretary; and
H. R. 1—25
‘‘(B) may be further adjusted, during the period begin-
ning on the date of enactment of the Act entitled ‘An
Act to provide for reconciliation pursuant to title II of
H. Con. Res. 14’ (119th Congress) and ending on July
31, 2032, if the Secretary determines the adjustment is
necessary—
‘‘(i) to minimize potential loan forfeitures;
‘‘(ii) to minimize the accumulation of stocks of extra
long staple cotton by the Federal Government;
‘‘(iii) to ensure that extra long staple cotton pro-
duced in the United States can be marketed freely
and competitively; and
‘‘(iv) to ensure an appropriate transition between
current-crop and forward-crop price quotations, except
that the Secretary may use forward-crop price
quotations prior to July 31 of a marketing year only
if—
‘‘(I) there are insufficient current-crop price
quotations; and
‘‘(II) the forward-crop price quotation is the
lowest such quotation available.’’.
SEC. 10311. ECONOMIC ADJUSTMENT ASSISTANCE FOR TEXTILE MILLS.
Section 1207(c) of the Agricultural Act of 2014 (7 U.S.C. 9037(c))
is amended by striking paragraph (2) and inserting the following:
‘‘(2) VALUE OF ASSISTANCE.—The value of the assistance
provided under paragraph (1) shall be—
‘‘(A) for the period beginning on August 1, 2013, and
ending on July 31, 2025, 3 cents per pound; and
‘‘(B) beginning on August 1, 2025, 5 cents per pound.’’.
SEC. 10312. SUGAR PROGRAM UPDATES.
(a) LOAN RATE MODIFICATIONS.—Section 156 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272)
is amended—
(1) in subsection (a)—
(A) in paragraph (4), by striking ‘‘and’’ at the end;
(B) in paragraph (5), by striking ‘‘2023 crop years.’’
and inserting ‘‘2024 crop years; and’’; and
(C) by adding at the end the following:
‘‘(6) 24.00 cents per pound for raw cane sugar for each
of the 2025 through 2031 crop years.’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking ‘‘2023 crop years.’’
and inserting ‘‘2024 crop years; and’’; and
(C) by adding at the end the following:
‘‘(3) a rate that is equal to 136.55 percent of the loan
rate per pound of raw cane sugar under subsection (a)(6) for
each of the 2025 through 2031 crop years.’’; and
(3) in subsection (i), by striking ‘‘2023’’ and inserting ‘‘2031’’.
(b) ADJUSTMENTS TO COMMODITY CREDIT CORPORATION STOR-
AGE RATES.—Section 167 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7287) is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—For the 2025 crop year and each subsequent
crop year, the Commodity Credit Corporation shall establish rates
H. R. 1—26
for the storage of forfeited sugar in an amount that is not less
than—
‘‘(1) in the case of refined sugar, 34 cents per hundred-
weight per month; and
‘‘(2) in the case of raw cane sugar, 27 cents per hundred-
weight per month.’’; and
(2) in subsection (b)—
(A) in the subsection heading, by striking ‘‘SUBSE-
QUENT’’ and inserting ‘‘PRIOR’’; and
(B) by striking ‘‘and subsequent’’ and inserting
‘‘through 2024’’.
(c) MODERNIZING BEET SUGAR ALLOTMENTS.—
(1) SUGAR ESTIMATES.—Section 359b(a)(1) of the Agricul-
tural Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is
amended by striking ‘‘2023’’ and inserting ‘‘2031’’.
(2) ALLOCATION TO PROCESSORS.—Section 359c(g)(2) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359cc(g)(2))
is amended—
(A) by striking ‘‘In the case’’ and inserting the fol-
lowing:
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), in the case’’; and
(B) by adding at the end the following:
‘‘(B) EXCEPTION.—If the Secretary makes an upward
adjustment under paragraph (1)(A), in adjusting allocations
among beet sugar processors, the Secretary shall give pri-
ority to beet sugar processors with available sugar.’’.
(3) TIMING OF REASSIGNMENT.—Section 359e(b)(2) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ee(b)(2))
is amended—
(A) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and indenting
appropriately;
(B) in the matter preceding clause (i) (as so redesig-
nated), by striking ‘‘If the Secretary’’ and inserting the
following:
‘‘(A) IN GENERAL.—If the Secretary’’; and
(C) by adding at the end the following:
‘‘(B) TIMING.—In carrying out subparagraph (A), the
Secretary shall—
‘‘(i) make an initial determination based on the
World Agricultural Supply and Demand Estimates
approved by the World Agricultural Outlook Board
for January that shall be applicable to the crop year
for which allotments are required; and
‘‘(ii) provide for an initial reassignment under
subparagraph (A)(i) not later than 30 days after the
date on which the World Agricultural Supply and
Demand Estimates described in clause (i) is released.’’.
(d) REALLOCATIONS OF TARIFF-RATE QUOTA SHORTFALL.—Sec-
tion 359k of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1359kk) is amended by adding at the end the following:
‘‘(c) REALLOCATION.—
‘‘(1) INITIAL REALLOCATION.—Subject to paragraph (3), fol-
lowing the establishment of the tariff-rate quotas under sub-
section (a) for a quota year, the Secretary shall—
H. R. 1—27
‘‘(A) determine which countries do not intend to fulfill
their allocation for the quota year; and
‘‘(B) reallocate any forecasted shortfall in the fulfill-
ment of the tariff-rate quotas as soon as practicable.
‘‘(2) SUBSEQUENT REALLOCATION.—Subject to paragraph (3),
not later than March 1 of a quota year, the Secretary shall
reallocate any additional forecasted shortfall in the fulfillment
of the tariff-rate quotas for raw cane sugar established under
subsection (a)(1) for that quota year.
‘‘(3) CESSATION
OF
EFFECTIVENESS.—Paragraphs (1) and
(2) shall cease to be in effect if—
‘‘(A) the Agreement Suspending the Countervailing
Duty Investigation on Sugar from Mexico, signed December
19, 2014, is terminated; and
‘‘(B) no countervailing duty order under subtitle A of
title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et
seq.) is in effect with respect to sugar from Mexico.
‘‘(d) REFINED SUGAR.—
‘‘(1) DEFINITION OF DOMESTIC SUGAR INDUSTRY.—In this
subsection,
the
term
‘domestic
sugar
industry’
means
domestic—
‘‘(A) sugar beet producers and processors;
‘‘(B) producers and processors of sugar cane; and
‘‘(C) refiners of raw cane sugar.
‘‘(2) STUDY REQUIRED.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date of enactment of this subsection, the Secretary shall
conduct a study on whether the establishment of additional
terms and conditions with respect to refined sugar imports
is necessary and appropriate.
‘‘(B) ELEMENTS.—In conducting the study under
subparagraph (A), the Secretary shall examine the fol-
lowing:
‘‘(i) The need for—
‘‘(I) defining ‘refined sugar’ as having a min-
imum polarization of 99.8 degrees or higher;
‘‘(II) establishing a standard for color- or reflec-
tance-based units for refined sugar such as those
utilized by the International Commission of Uni-
form Methods of Sugar Analysis;
‘‘(III) prescribing specifications for packaging
type for refined sugar;
‘‘(IV) prescribing specifications for transpor-
tation modes for refined sugar;
‘‘(V) requiring evidence that sugar imported
as refined sugar will not undergo further refining
in the United States;
‘‘(VI) prescribing appropriate terms and condi-
tions to avoid unlawful sugar imports; and
‘‘(VII) establishing other definitions, terms and
conditions, or other requirements.
‘‘(ii)
The
potential
impact
of
modifications
described in each of subclauses (I) through (VII) of
clause (i) on the domestic sugar industry.
‘‘(iii) Whether, based on the needs described in
clause (i) and the impact described in clause (ii), the
H. R. 1—28
establishment of additional terms and conditions is
appropriate.
‘‘(C) CONSULTATION.—In conducting the study under
subparagraph (A), the Secretary shall consult with rep-
resentatives of the domestic sugar industry and users of
refined sugar.
‘‘(D) REPORT.—Not later than 1 year after the date
of enactment of this subsection, the Secretary shall submit
to the Committee on Agriculture of the House of Represent-
atives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes the findings
of the study conducted under subparagraph (A).
‘‘(3) ESTABLISHMENT OF ADDITIONAL TERMS AND CONDITIONS
PERMITTED.—
‘‘(A) IN GENERAL.—Based on the findings in the report
submitted under paragraph (2)(D), and after providing
notice to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate, the Secretary may issue
regulations in accordance with subparagraph (B) to estab-
lish additional terms and conditions with respect to refined
sugar imports that are necessary and appropriate.
‘‘(B) PROMULGATION OF REGULATIONS.—The Secretary
may issue regulations under subparagraph (A) if the regu-
lations—
‘‘(i) do not have an adverse impact on the domestic
sugar industry; and
‘‘(ii) are consistent with the requirements of this
part, section 156 of the Federal Agriculture Improve-
ment and Reform Act of 1996 (7 U.S.C. 7272), and
obligations under international trade agreements that
have been approved by Congress.’’.
(e) CLARIFICATION OF TARIFF-RATE QUOTA ADJUSTMENTS.—Sec-
tion 359k(b)(1) of the Agricultural Adjustment Act of 1938 (7 U.S.C.
1359kk(b)(1)) is amended, in the matter preceding subparagraph
(A), by striking ‘‘if there is an’’ and inserting ‘‘for the sole purpose
of responding directly to an’’.
(f) PERIOD OF EFFECTIVENESS.—Section 359l(a) of the Agricul-
tural Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by
striking ‘‘2023’’ and inserting ‘‘2031’’.
SEC. 10313. DAIRY POLICY UPDATES.
(a) DAIRY MARGIN COVERAGE PRODUCTION HISTORY.—
(1) DEFINITION.—Section 1401(8) of the Agricultural Act
of 2014 (7 U.S.C. 9051(8)) is amended by striking ‘‘when the
participating dairy operation first registers to participate in
dairy margin coverage’’.
(2) PRODUCTION
HISTORY
OF
PARTICIPATING
DAIRY
OPER-
ATIONS.—Section 1405 of the Agricultural Act of 2014 (7 U.S.C.
9055) is amended by striking subsections (a) and (b) and
inserting the following:
‘‘(a) PRODUCTION HISTORY.—Except as provided in subsection
(b), the production history of a dairy operation for dairy margin
coverage is equal to the highest annual milk marketings of the
participating dairy operation during any 1 of the 2021, 2022, or
2023 calendar years.
H. R. 1—29
‘‘(b) ELECTION
BY NEW DAIRY OPERATIONS.—In the case of
a participating dairy operation that has been in operation for less
than a year, the participating dairy operation shall elect 1 of the
following methods for the Secretary to determine the production
history of the participating dairy operation:
‘‘(1) The volume of the actual milk marketings for the
months the participating dairy operation has been in operation
extrapolated to a yearly amount.
‘‘(2) An estimate of the actual milk marketings of the
participating dairy operation based on the herd size of the
participating dairy operation relative to the national rolling
herd average data published by the Secretary.’’.
(b) DAIRY MARGIN COVERAGE PAYMENTS.—Section 1406(a)(1)(C)
of the Agricultural Act of 2014 (7 U.S.C. 9056(a)(1)(C)) is amended
by striking ‘‘5,000,000’’ each place it appears and inserting
‘‘6,000,000’’.
(c) PREMIUMS FOR DAIRY MARGINS.—
(1) TIER I.—Section 1407(b) of the Agricultural Act of 2014
(7 U.S.C. 9057(b)) is amended—
(A) in the subsection heading, by striking ‘‘5,000,000’’
and inserting ‘‘6,000,000’’; and
(B) in paragraph (1), by striking ‘‘5,000,000’’ and
inserting ‘‘6,000,000’’.
(2) TIER II.—Section 1407(c) of the Agricultural Act of 2014
(7 U.S.C. 9057(c)) is amended—
(A) in the subsection heading, by striking ‘‘5,000,000’’
and inserting ‘‘6,000,000’’; and
(B) in paragraph (1), by striking ‘‘5,000,000’’ and
inserting ‘‘6,000,000’’.
(3) PREMIUM DISCOUNTS.—Section 1407(g) of the Agricul-
tural Act of 2014 (7 U.S.C. 9057(g)) is amended—
(A) in paragraph (1)—
(i) by striking ‘‘2019 through 2023’’ and inserting
‘‘2026 through 2031’’; and
(ii) by striking ‘‘January 2019’’ and inserting
‘‘January 2026’’; and
(B) in paragraph (2), by striking ‘‘2023’’ each place
it appears and inserting ‘‘2031’’.
(d) DURATION.—Section 1409 of the Agricultural Act of 2014
(7 U.S.C. 9059) is amended by striking ‘‘2025’’ and inserting ‘‘2031’’.
SEC. 10314. IMPLEMENTATION.
Section 1614(c) of the Agricultural Act of 2014 (7 U.S.C. 9097(c))
is amended by adding at the end the following:
‘‘(5) FURTHER FUNDING.—The Secretary shall make avail-
able to carry out subtitle C of title I of the Act entitled ‘An
Act to provide for reconciliation pursuant to title II of H.
Con. Res. 14’ (119th Congress) and the amendments made
by that subtitle $50,000,000, to remain available until
expended, of which—
‘‘(A) not less than $5,000,000 shall be used to carry
out paragraphs (3) and (4) of subsection (b);
‘‘(B) $3,000,000 shall be used for activities described
in paragraph (3)(A);
‘‘(C) $3,000,000 shall be used for activities described
in paragraph (3)(B);
‘‘(D) $9,000,000 shall be used—
H. R. 1—30
‘‘(i) to carry out mandatory surveys of dairy produc-
tion cost and product yield information to be reported
by manufacturers required to report under section 273
of the Agricultural Marketing Act of 1946 (7 U.S.C.
1637b), for all products processed in the same facility
or facilities; and
‘‘(ii) to publish the results of such surveys bienni-
ally; and
‘‘(E) $1,000,000 shall be used to conduct the study
under subsection (d) of section 359k of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359kk).’’.
Subtitle D—Disaster Assistance Programs
SEC. 10401. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
(a) LIVESTOCK INDEMNITY PAYMENTS.—Section 1501(b) of the
Agricultural Act of 2014 (7 U.S.C. 9081(b)) is amended—
(1) by striking paragraph (2) and inserting the following:
‘‘(2) PAYMENT RATES.—
‘‘(A) LOSSES DUE TO PREDATION.—Indemnity payments
to an eligible producer on a farm under paragraph (1)(A)
shall be made at a rate of 100 percent of the market
value of the affected livestock on the applicable date, as
determined by the Secretary.
‘‘(B) LOSSES DUE TO ADVERSE WEATHER OR DISEASE.—
Indemnity payments to an eligible producer on a farm
under subparagraph (B) or (C) of paragraph (1) shall be
made at a rate of 75 percent of the market value of the
affected livestock on the applicable date, as determined
by the Secretary.
‘‘(C) DETERMINATION
OF
MARKET
VALUE.—In deter-
mining the market value described in subparagraphs (A)
and (B), the Secretary may consider the ability of eligible
producers to document regional price premiums for affected
livestock that exceed the national average market price
for those livestock.
‘‘(D) APPLICABLE DATE DEFINED.—In this paragraph,
the term ‘applicable date’ means, with respect to livestock,
as applicable—
‘‘(i) the day before the date of death of the livestock;
or
‘‘(ii) the day before the date of the event that
caused the harm to the livestock that resulted in a
reduced sale price.’’; and
(2) by adding at the end the following:
‘‘(5) ADDITIONAL PAYMENT FOR UNBORN LIVESTOCK.—
‘‘(A) IN GENERAL.—In the case of unborn livestock death
losses incurred on or after January 1, 2024, the Secretary
shall make an additional payment to eligible producers
on farms that have incurred such losses in excess of the
normal mortality due to a condition specified in paragraph
(1).
‘‘(B) PAYMENT
RATE.—Additional payments under
subparagraph (A) shall be made at a rate—
‘‘(i) determined by the Secretary; and
H. R. 1—31
‘‘(ii) less than or equal to 85 percent of the payment
rate established with respect to the lowest weight class
of the livestock, as determined by the Secretary, acting
through the Administrator of the Farm Service Agency.
‘‘(C) PAYMENT
AMOUNT.—The amount of a payment
to an eligible producer that has incurred unborn livestock
death losses shall be equal to the payment rate determined
under subparagraph (B) multiplied, in the case of livestock
described in—
‘‘(i) subparagraph (A), (B), or (F) of subsection
(a)(4), by 1;
‘‘(ii) subparagraph (D) of such subsection, by 2;
‘‘(iii) subparagraph (E) of such subsection, by 12;
and
‘‘(iv) subparagraph (G) of such subsection, by the
average number of birthed animals (for one gestation
cycle) for the species of each such livestock, as deter-
mined by the Secretary.
‘‘(D) UNBORN LIVESTOCK DEATH LOSSES DEFINED.—In
this paragraph, the term ‘unborn livestock death losses’
means losses of any livestock described in subparagraph
(A), (B), (D), (E), (F), or (G) of subsection (a)(4) that was
gestating on the date of the death of the livestock.’’.
(b)
LIVESTOCK
FORAGE
DISASTER
PROGRAM.—Section
1501(c)(3)(D)(ii)(I) of the Agricultural Act of 2014 (7 U.S.C.
9081(c)(3)(D)(ii)(I)) is amended—
(1) by striking ‘‘1 monthly payment’’ and inserting ‘‘2
monthly payments’’; and
(2) by striking ‘‘county for at least 8 consecutive’’ and
inserting the following: ″county for not less than— ‘‘
‘‘(aa) 4 consecutive weeks during the
normal grazing period for the county, as deter-
mined by the Secretary, shall be eligible to
receive assistance under this paragraph in an
amount equal to 1 monthly payment using
the monthly payment rate determined under
subparagraph (B); or
‘‘(bb) 7 of the previous 8 consecutive’’.
(c) EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY BEES, AND
FARM-RAISED FISH.—
(1) IN GENERAL.—Section 1501(d) of the Agricultural Act
of 2014 (7 U.S.C. 9081(d)) is amended by adding at the end
the following:
‘‘(5) ASSISTANCE FOR LOSSES DUE TO BIRD DEPREDATION.—
‘‘(A) DEFINITION OF FARM-RAISED FISH.—In this para-
graph, the term ‘farm-raised fish’ means fish propagated
and reared in a controlled fresh water environment.
‘‘(B) PAYMENTS.—Eligible producers of farm-raised fish,
including fish grown as food for human consumption, shall
be eligible to receive payments under this subsection to
aid in the reduction of losses due to piscivorous birds.
‘‘(C) PAYMENT RATE.—
‘‘(i) IN GENERAL.—The payment rate for payments
under subparagraph (B) shall be determined by the
Secretary, taking into account—
‘‘(I) costs associated with the deterrence of
piscivorous birds;
H. R. 1—32
‘‘(II) the value of lost fish and revenue due
to bird depredation; and
‘‘(III) costs associated with disease loss from
bird depredation.
‘‘(ii) MINIMUM RATE.—The payment rate for pay-
ments under subparagraph (B) shall be not less than
$600 per acre of farm-raised fish.
‘‘(D) PAYMENT
AMOUNT.—The amount of a payment
under subparagraph (B) shall be the product obtained by
multiplying—
‘‘(i) the applicable payment rate under subpara-
graph (C); and
‘‘(ii) 85 percent of the total number of acres of
farm-raised fish farms that the eligible producer has
in production for the calendar year.’’.
(2) EMERGENCY
ASSISTANCE
FOR
HONEYBEES.—In deter-
mining honeybee colony losses eligible for assistance under
section 1501(d) of the Agricultural Act of 2014 (7 U.S.C.
9081(d)), the Secretary shall utilize a normal mortality rate
of 15 percent.
(d) TREE ASSISTANCE PROGRAM.—Section 1501(e) of the Agricul-
tural Act of 2014 (7 U.S.C. 9081(e)) is amended—
(1) in paragraph (2)(B), by striking ‘‘15 percent (adjusted
for normal mortality)’’ and inserting ‘‘normal mortality’’; and
(2) in paragraph (3)—
(A) in subparagraph (A)(i), by striking ‘‘15 percent
mortality (adjusted for normal mortality)’’ and inserting
‘‘normal mortality’’; and
(B) in subparagraph (B)—
(i) by striking ‘‘50’’ and inserting ‘‘65’’; and
(ii) by striking ‘‘15 percent damage or mortality
(adjusted for normal tree damage and mortality)’’ and
inserting ‘‘normal tree damage or mortality’’.
Subtitle E—Crop Insurance
SEC. 10501. BEGINNING FARMER AND RANCHER BENEFIT.
(a) DEFINITIONS.—
(1) IN
GENERAL.—Section 502(b)(3) of the Federal Crop
Insurance Act (7 U.S.C. 1502(b)(3)) is amended by striking
‘‘5’’ and inserting ‘‘10’’.
(2) CONFORMING AMENDMENT.—Section 522(c)(7) of the Fed-
eral Crop Insurance Act (7 U.S.C. 1522(c)(7)) is amended by
striking subparagraph (F).
(b) INCREASE IN ASSISTANCE.—Section 508(e) of the Federal
Crop Insurance Act (7 U.S.C. 1508(e)) is amended by adding at
the end the following:
‘‘(9) ADDITIONAL SUPPORT.—
‘‘(A) IN GENERAL.—In addition to any other provision
of this subsection (except paragraph (2)(A)) regarding pay-
ment of a portion of premiums, a beginning farmer or
rancher shall receive additional premium assistance that
is the number of percentage points specified in subpara-
graph (B) greater than the premium assistance that would
otherwise be available for the applicable policy, plan of
H. R. 1—33
insurance, and coverage level selected by the beginning
farmer or rancher.
‘‘(B) PERCENTAGE POINTS ADJUSTMENTS.—The percent-
age points referred to in subparagraph (A) are the fol-
lowing:
‘‘(i) For each of the first and second reinsurance
years that a beginning farmer or rancher participates
as a beginning farmer or rancher in the applicable
policy or plan of insurance, 5 percentage points.
‘‘(ii) For the third reinsurance year that a begin-
ning farmer or rancher participates as a beginning
farmer or rancher in the applicable policy or plan
of insurance, 3 percentage points.
‘‘(iii) For the fourth reinsurance year that a begin-
ning farmer or rancher participates as a beginning
farmer or rancher in the applicable policy or plan
of insurance, 1 percentage point.’’.
SEC. 10502. AREA-BASED CROP INSURANCE COVERAGE AND AFFORD-
ABILITY.
(a) COVERAGE LEVEL.—Section 508(c)(4) of the Federal Crop
Insurance Act (7 U.S.C. 1508(c)(4)) is amended—
(1) in subparagraph (A), by striking clause (ii) and inserting
the following:
‘‘(ii) may be purchased at any level not to exceed—
‘‘(I) in the case of the individual yield or rev-
enue coverage, 85 percent;
‘‘(II) in the case of individual yield or revenue
coverage aggregated across multiple commodities,
90 percent; and
‘‘(III) in the case of area yield or revenue cov-
erage (as determined by the Corporation), 95 per-
cent.’’; and
(2) in subparagraph (C)—
(A) in clause (ii), by striking ‘‘14’’ and inserting ‘‘10’’;
and
(B) in clause (iii)(I), by striking ‘‘86’’ and inserting
‘‘90’’.
(b) PREMIUM SUBSIDY.—Section 508(e)(2)(H)(i) of the Federal
Crop Insurance Act (7 U.S.C. 1508(e)(2)(H)(i)) is amended by
striking ‘‘65’’ and inserting ‘‘80’’.
SEC. 10503. ADMINISTRATIVE AND OPERATING EXPENSE ADJUST-
MENTS.
Section 508(k) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)) is amended by adding at the end the following:
‘‘(10) ADDITIONAL EXPENSES.—
‘‘(A) IN GENERAL.—Beginning with the 2026 reinsur-
ance year, and for each reinsurance year thereafter, in
addition to the terms and conditions of the Standard
Reinsurance Agreement, to cover additional expenses for
loss adjustment procedures, the Corporation shall pay an
additional administrative and operating expense subsidy
to approved insurance providers for eligible contracts.
‘‘(B) PAYMENT AMOUNT.—In the case of an eligible con-
tract, the payment to an approved insurance provider
required under subparagraph (A) shall be the amount equal
to 6 percent of the net book premium.
H. R. 1—34
‘‘(C) DEFINITIONS.—In this paragraph:
‘‘(i) ELIGIBLE CONTRACT.—The term ‘eligible con-
tract’—
‘‘(I) means a crop insurance contract entered
into by an approved insurance provider in an
eligible State; and
‘‘(II) does not include a contract for—
‘‘(aa) catastrophic risk protection under
subsection (b);
‘‘(bb) an area-based plan of insurance or
similar plan of insurance, as determined by
the Corporation; or
‘‘(cc) a policy under which an approved
insurance provider does not incur loss adjust-
ment expenses, as determined by the Corpora-
tion.
‘‘(ii) ELIGIBLE
STATE.—The term ‘eligible State’
means a State in which, with respect to an insurance
year, the loss ratio for eligible contracts is greater
than 120 percent of the total net book premium written
by all approved insurance providers.
‘‘(11) SPECIALTY CROPS.—
‘‘(A) MINIMUM REIMBURSEMENT.—Beginning with the
2026 reinsurance year, and for each reinsurance year there-
after, the rate of reimbursement to approved insurance
providers and agents for administrative and operating
expenses with respect to crop insurance contracts covering
agricultural commodities described in section 101 of the
Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621
note; Public Law 108–465) shall be equal to or greater
than the percentage that is the greater of the following:
‘‘(i) 17 percent of the premium used to define loss
ratio.
‘‘(ii) The percent of the premium used to define
loss ratio that is otherwise applicable for the reinsur-
ance year under the terms of the Standard Reinsurance
Agreement in effect for the reinsurance year.
‘‘(B) OTHER CONTRACTS.—In carrying out subparagraph
(A), the Corporation shall not reduce, with respect to any
reinsurance year, the amount or the rate of reimbursement
to approved insurance providers and agents under the
Standard Reinsurance Agreement described in clause (ii)
of such subparagraph for administrative and operating
expenses with respect to contracts covering agricultural
commodities that are not subject to such subparagraph.
‘‘(C) ADMINISTRATION.—The requirements of this para-
graph and the adjustments made pursuant to this para-
graph shall not be considered a renegotiation under para-
graph (8)(A).
‘‘(12) A&O INFLATION ADJUSTMENT.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), begin-
ning with the 2026 reinsurance year, and for each reinsur-
ance year thereafter, the Corporation shall increase the
total administrative and operating expense reimbursements
otherwise required under the Standard Reinsurance Agree-
ment in effect for the reinsurance year in order to account
for inflation, in a manner consistent with the increases
H. R. 1—35
provided with respect to the 2011 through 2015 reinsurance
years under the enclosure included in Risk Management
Agency Bulletin numbered MGR–10–007 and dated June
30, 2010.
‘‘(B) SPECIAL RULE FOR 2026 REINSURANCE YEAR.—The
increase under subparagraph (A) for the 2026 reinsurance
year shall not exceed the percentage change for the pre-
ceding reinsurance year included in the Consumer Price
Index for All Urban Consumers published by the Bureau
of Labor Statistics of the Department of Labor.
‘‘(C) ADMINISTRATION.—An increase under subpara-
graph (A)—
‘‘(i) shall apply with respect to all contracts cov-
ering agricultural commodities that were subject to
an increase during the period of the 2011 through
2015 reinsurance years under the enclosure referred
to in that subparagraph; and
‘‘(ii) shall not be considered a renegotiation under
paragraph (8)(A).’’.
SEC. 10504. PREMIUM SUPPORT.
Section 508(e)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(2)) is amended—
(1) in subparagraph (C)(i), by striking ‘‘64’’ and inserting
‘‘69’’;
(2) in subparagraph (D)(i), by striking ‘‘59’’ and inserting
‘‘64’’;
(3) in subparagraph (E)(i), by striking ‘‘55’’ and inserting
‘‘60’’;
(4) in subparagraph (F)(i), by striking ‘‘48’’ and inserting
‘‘51’’; and
(5) in subparagraph (G)(i), by striking ‘‘38’’ and inserting
‘‘41’’.
SEC. 10505. PROGRAM COMPLIANCE AND INTEGRITY.
Section 515(l)(2) of the Federal Crop Insurance Act (7 U.S.C.
1515(l)(2)) is amended by striking ‘‘than’’ and all that follows
through the period at the end and inserting the following: ‘‘than—
‘‘(A) $4,000,000 for each of fiscal years 2009 through
2025; and
‘‘(B) $6,000,000 for fiscal year 2026 and each subse-
quent fiscal year.’’.
SEC. 10506. REVIEWS, COMPLIANCE, AND INTEGRITY.
Section 516(b)(2)(C)(i) of the Federal Crop Insurance Act (7
U.S.C. 1516(b)(2)(C)(i)) is amended, in the matter preceding sub-
clause (I), by striking ‘‘for each fiscal year’’ and inserting ‘‘for
each of fiscal years 2014 through 2025 and $10,000,000 for fiscal
year 2026 and each fiscal year thereafter’’.
SEC. 10507. POULTRY INSURANCE PILOT PROGRAM.
Section 523 of the Federal Crop Insurance Act (7 U.S.C. 1523)
is amended by adding at the end the following:
‘‘(j) POULTRY INSURANCE PILOT PROGRAM.—
‘‘(1) IN GENERAL.—Notwithstanding subsection (a)(2), the
Corporation shall establish a pilot program under which con-
tract poultry growers, including growers of broilers and laying
hens, may elect to receive index-based insurance from extreme
H. R. 1—36
weather-related risk resulting in increased utility costs
(including costs of natural gas, propane, electricity, water, and
other appropriate costs, as determined by the Corporation)
associated with poultry production.
‘‘(2) STAKEHOLDER
ENGAGEMENT.—The Corporation shall
engage with poultry industry stakeholders in establishing the
pilot program under paragraph (1).
‘‘(3) LOCATION.—The pilot program established under para-
graph (1) shall be conducted in a sufficient number of counties
to provide a comprehensive evaluation of the feasibility,
effectiveness, and demand among producers in the top poultry
producing States, as determined by the Corporation.
‘‘(4) APPROVAL OF POLICY OR PLAN.—Notwithstanding sec-
tion 508(l), the Board shall approve a policy or plan of insurance
based on the pilot program under paragraph (1)—
‘‘(A) in accordance with section 508(h); and
‘‘(B) not later than 2 years after the date of enactment
of this subsection.’’.
Subtitle F—Additional Investments in
Rural America
SEC. 10601. CONSERVATION.
(a) IN GENERAL.—Section 1241(a) of the Food Security Act
of 1985 (16 U.S.C. 3841(a)) is amended—
(1) in paragraph (2), by striking subparagraphs (A) through
(F) and inserting the following:
‘‘(A) $625,000,000 for fiscal year 2026;
‘‘(B) $650,000,000 for fiscal year 2027;
‘‘(C) $675,000,000 for fiscal year 2028;
‘‘(D) $700,000,000 for fiscal year 2029;
‘‘(E) $700,000,000 for fiscal year 2030; and
‘‘(F) $700,000,000 for fiscal year 2031.’’; and
(2) in paragraph (3)—
(A) in subparagraph (A), by striking clauses (i) through
(v) and inserting the following:
‘‘(i) $2,655,000,000 for fiscal year 2026;
‘‘(ii) $2,855,000,000 for fiscal year 2027;
‘‘(iii) $3,255,000,000 for fiscal year 2028;
‘‘(iv) $3,255,000,000 for fiscal year 2029;
‘‘(v) $3,255,000,000 for fiscal year 2030; and
‘‘(vi) $3,255,000,000 for fiscal year 2031; and’’; and
(B) in subparagraph (B), by striking clauses (i) through
(v) and inserting the following:
‘‘(i) $1,300,000,000 for fiscal year 2026;
‘‘(ii) $1,325,000,000 for fiscal year 2027;
‘‘(iii) $1,350,000,000 for fiscal year 2028;
‘‘(iv) $1,375,000,000 for fiscal year 2029;
‘‘(v) $1,375,000,000 for fiscal year 2030; and
‘‘(vi) $1,375,000,000 for fiscal year 2031.’’.
(b) REGIONAL CONSERVATION PARTNERSHIP PROGRAM.—Section
1271D of the Food Security Act of 1985 (16 U.S.C. 3871d) is
amended by striking subsection (a) and inserting the following:
‘‘(a) AVAILABILITY OF FUNDING.—Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out the pro-
gram, to the maximum extent practicable—
H. R. 1—37
‘‘(1) $425,000,000 for fiscal year 2026;
‘‘(2) $450,000,000 for fiscal year 2027;
‘‘(3) $450,000,000 for fiscal year 2028;
‘‘(4) $450,000,000 for fiscal year 2029;
‘‘(5) $450,000,000 for fiscal year 2030; and
‘‘(6) $450,000,000 for fiscal year 2031.’’.
(c) GRASSROOTS SOURCE WATER PROTECTION PROGRAM.—Sec-
tion 1240O(b) of the Food Security Act of 1985 (16 U.S.C. 3839bb–
2(b)) is amended—
(1) in paragraph (1), by striking ‘‘2023’’ and inserting
‘‘2031’’; and
(2) in paragraph (3)—
(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:
‘‘(C) $1,000,000 beginning in fiscal year 2026, to remain
available until expended.’’.
(d) VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PRO-
GRAM.—Section 1240R(f)(1) of the Food Security Act of 1985 (16
U.S.C. 3839bb–5(f)(1)) is amended—
(1) by striking ‘‘2023, and’’ and inserting ‘‘2023,’’; and
(2) by inserting ‘‘, and $70,000,000 for the period of fiscal
years 2025 through 2031’’ before the period at the end.
(e) WATERSHED PROTECTION AND FLOOD PREVENTION.—Section
15 of the Watershed Protection and Flood Prevention Act (16 U.S.C.
1012a) is amended by striking ‘‘$50,000,000 for fiscal year 2019
and each fiscal year thereafter’’ and inserting ‘‘$150,000,000 for
fiscal year 2026 and each fiscal year thereafter, to remain available
until expended’’.
(f) FERAL SWINE ERADICATION AND CONTROL PILOT PROGRAM.—
Section 2408(g)(1) of the Agriculture Improvement Act of 2018
(7 U.S.C. 8351 note; Public Law 115–334) is amended—
(1) by striking ‘‘2023 and’’ and inserting ‘‘2023,’’; and
(2) by inserting ‘‘, and $105,000,000 for the period of fiscal
years 2025 through 2031’’ before the period at the end.
(g) RESCISSION.—The unobligated balances of amounts appro-
priated by section 21001(a) of Public Law 117–169 (136 Stat. 2015)
are rescinded.
SEC. 10602. SUPPLEMENTAL AGRICULTURAL TRADE PROMOTION PRO-
GRAM.
(a) IN GENERAL.—The Secretary of Agriculture shall carry out
a program to encourage the accessibility, development, mainte-
nance, and expansion of commercial export markets for United
States agricultural commodities.
(b) FUNDING.—Of the funds of the Commodity Credit Corpora-
tion, the Secretary of Agriculture shall make available to carry
out this section $285,000,000 for fiscal year 2027 and each fiscal
year thereafter.
SEC. 10603. NUTRITION.
Section 203D(d)(5) of the Emergency Food Assistance Act of
1983 (7 U.S.C. 7507(d)(5)) is amended by striking ‘‘2024’’ and
inserting ‘‘2031’’.
H. R. 1—38
SEC. 10604. RESEARCH.
(a) URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL
PRODUCTION RESEARCH, EDUCATION, AND EXTENSION INITIATIVE.—
Section 1672E(d)(1)(B) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925g(d)(1)(B)) is amended by striking
‘‘fiscal year 2024, to remain available until expended’’ and inserting
‘‘each of fiscal years 2024 through 2031’’.
(b) FOUNDATION FOR FOOD AND AGRICULTURE RESEARCH.—Sec-
tion 7601(g)(1)(A) of the Agricultural Act of 2014 (7 U.S.C.
5939(g)(1)(A)) is amended by adding at the end the following:
‘‘(iv) FURTHER FUNDING.—Not later than 30 days
after the date of enactment of this clause, of the funds
of the Commodity Credit Corporation, the Secretary
shall transfer to the Foundation to carry out this sec-
tion $37,000,000, to remain available until expended.’’.
(c) SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS.—Sec-
tion 1446(b)(1) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222a(b)(1)) is amended
by adding at the end the following:
‘‘(C) FURTHER
FUNDING.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall make avail-
able to carry out this section $60,000,000 for fiscal year
2026, to remain available until expended.’’.
(d) ASSISTIVE
TECHNOLOGY
PROGRAM
FOR
FARMERS
WITH
DISABILITIES.—Section 1680 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5933) is amended—
(1) in subsection (c)(2), by inserting ‘‘and subsection (d)’’
after ‘‘paragraph (1)’’; and
(2) by adding at the end the following:
‘‘(d) MANDATORY FUNDING.—Subject to subsection (c)(2), of the
funds of the Commodity Credit Corporation, the Secretary shall
use to carry out this section $8,000,000 for fiscal year 2026, to
remain available until expended.’’.
(e) SPECIALTY CROP RESEARCH INITIATIVE.—Section 412(k)(1)(B)
of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7632(k)(1)(B)) is amended by striking ‘‘section
$80,000,000 for fiscal year 2014’’ and inserting the following: ‘‘sec-
tion—
‘‘(i) $80,000,000 for each of fiscal years 2014
through 2025; and
‘‘(ii) $175,000,000 for fiscal year 2026’’.
(f) RESEARCH FACILITIES ACT.—Section 6 of the Research Facili-
ties Act (7 U.S.C. 390d) is amended—
(1) in subsection (c), by striking ‘‘subsection (a)’’ and
inserting ‘‘subsections (a) and (e)’’; and
(2) by adding at the end the following:
‘‘(e) MANDATORY FUNDING.—Subject to subsections (b), (c), and
(d), of the funds of the Commodity Credit Corporation, the Secretary
shall make available to carry out the competitive grant program
under section 4 $125,000,000 for fiscal year 2026 and each fiscal
year thereafter.’’.
SEC. 10605. ENERGY.
Section 9005(g)(1)(F) of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 8105(g)(1)(F)) is amended by striking
‘‘2024’’ and inserting ‘‘2031’’.
H. R. 1—39
SEC. 10606. HORTICULTURE.
(a) PLANT PEST
AND DISEASE MANAGEMENT
AND DISASTER
PREVENTION.—Section 420(f) of the Plant Protection Act (7 U.S.C.
7721(f)) is amended—
(1) in paragraph (5), by striking ‘‘and’’ at the end;
(2) by redesignating paragraph (6) as paragraph (7);
(3) by inserting after paragraph (5) the following:
‘‘(6) $75,000,000 for each of fiscal years 2018 through 2025;
and’’; and
(4) in paragraph (7) (as so redesignated), by striking
‘‘$75,000,000 for fiscal year 2018’’ and inserting ‘‘$90,000,000
for fiscal year 2026’’.
(b) SPECIALTY CROP BLOCK GRANTS.—Section 101(l)(1) of the
Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note;
Public Law 108–465) is amended—
(1) in subparagraph (D), by striking ‘‘and’’ at the end;
(2) by redesignating subparagraph (E) as subparagraph
(F);
(3) by inserting after subparagraph (D) the following:
‘‘(E) $85,000,000 for each of fiscal years 2018 through
2025; and’’; and
(4) in subparagraph (F) (as so redesignated), by striking
‘‘$85,000,000 for fiscal year 2018’’ and inserting ‘‘$100,000,000
for fiscal year 2026’’.
(c) ORGANIC PRODUCTION AND MARKET DATA INITIATIVE.—Sec-
tion 7407(d)(1) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 5925c(d)(1)) is amended—
(1) in subparagraph (B), by striking ‘‘and’’ at the end;
(2) in subparagraph (C), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) $10,000,000 for the period of fiscal years 2026
through 2031.’’.
(d) MODERNIZATION
AND
IMPROVEMENT
OF
INTERNATIONAL
TRADE TECHNOLOGY SYSTEMS
AND DATA COLLECTION.—Section
2123(c)(4) of the Organic Foods Production Act of 1990 (7 U.S.C.
6522(c)(4)) is amended, in the matter preceding subparagraph (A),
by striking ‘‘and $1,000,000 for fiscal year 2024’’ and inserting
‘‘, $1,000,000 for fiscal years 2024 and 2025, and $5,000,000 for
fiscal year 2026’’.
(e) NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM.—
Section 10606(d)(1)(C) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 6523(d)(1)(C)) is amended by striking ‘‘2024’’
and inserting ‘‘2031’’.
(f) MULTIPLE
CROP
AND
PESTICIDE
USE
SURVEY.—Section
10109(c) of the Agriculture Improvement Act of 2018 (Public Law
115–334; 132 Stat. 4907) is amended by adding at the end the
following:
‘‘(3) FURTHER MANDATORY FUNDING.—Of the funds of the
Commodity Credit Corporation, the Secretary shall use to carry
out this section $5,000,000 for fiscal year 2026, to remain
available until expended.’’.
SEC. 10607. MISCELLANEOUS.
(a) ANIMAL DISEASE PREVENTION AND MANAGEMENT.—Section
10409A(d)(1) of the Animal Health Protection Act (7 U.S.C.
8308a(d)(1)) is amended—
H. R. 1—40
(1) in subparagraph (B)—
(A) in the heading, by striking ‘‘SUBSEQUENT FISCAL
YEARS’’ and inserting ‘‘FISCAL YEARS 2023 THROUGH 2025’’;
and
(B) by striking ‘‘fiscal year 2023 and each fiscal year
thereafter’’ and inserting ‘‘each of fiscal years 2023 through
2025’’; and
(2) by adding at the end the following:
‘‘(C) FISCAL YEARS 2026 THROUGH 2030.—Of the funds
of the Commodity Credit Corporation, the Secretary shall
make available to carry out this section $233,000,000 for
each of fiscal years 2026 through 2030, of which—
‘‘(i) not less than $10,000,000 shall be made avail-
able for each such fiscal year to carry out subsection
(a);
‘‘(ii) not less than $70,000,000 shall be made avail-
able for each such fiscal year to carry out subsection
(b); and
‘‘(iii) not less than $153,000,000 shall be made
available for each such fiscal year to carry out sub-
section (c).
‘‘(D) SUBSEQUENT FISCAL YEARS.—Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out this section $75,000,000 for fiscal
year 2031 and each fiscal year thereafter, of which not
less than $45,000,000 shall be made available for each
of those fiscal years to carry out subsection (b).’’.
(b) SHEEP PRODUCTION AND MARKETING GRANT PROGRAM.—
Section 209(c) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1627a(c)) is amended—
(1) by striking ‘‘2019, and’’ and inserting ‘‘2019,’’; and
(2) by inserting ‘‘and $3,000,000 for fiscal year 2026,’’ after
‘‘fiscal year 2024,’’
(c) PIMA AGRICULTURE COTTON TRUST FUND.—Section 12314
of the Agricultural Act of 2014 (7 U.S.C. 2101 note; Public Law
113–79) is amended—
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘2024’’ and inserting ‘‘2031’’; and
(2) in subsection (h), by striking ‘‘2024’’and inserting ‘‘2031’’.
(d) AGRICULTURE
WOOL
APPAREL
MANUFACTURERS
TRUST
FUND.—Section 12315 of the Agricultural Act of 2014 (7 U.S.C.
7101 note; Public Law 113–79) is amended by striking ‘‘2024’’ each
place it appears and inserting ‘‘2031’’.
(e) WOOL RESEARCH AND PROMOTION.—Section 12316(a) of the
Agricultural Act of 2014 (7 U.S.C. 7101 note; Public Law 113–
79) is amended by striking ‘‘2024’’ and inserting ‘‘2031’’.
(f) EMERGENCY CITRUS DISEASE RESEARCH AND DEVELOPMENT
TRUST FUND.—Section 12605(d) of the Agriculture Improvement
Act of 2018 (7 U.S.C. 7632 note; Public Law 115–334) is amended
by striking ‘‘2024’’ and inserting ‘‘2031’’.
H. R. 1—41
TITLE II—COMMITTEE ON ARMED
SERVICES
SEC. 20001. ENHANCEMENT OF DEPARTMENT OF DEFENSE RESOURCES
FOR IMPROVING THE QUALITY OF LIFE FOR MILITARY
PERSONNEL.
(a) APPROPRIATIONS.—In addition to amounts otherwise avail-
able, there are appropriated to the Secretary of Defense for fiscal
year 2025, out of any money in the Treasury not otherwise appro-
priated, to remain available until September 30, 2029—
(1) $230,480,000 for restoration and modernization costs
under the Marine Corps Barracks 2030 initiative;
(2) $119,000,000 for base operating support costs under
the Marine Corps;
(3) $1,000,000,000 for Army, Navy, Air Force, and Space
Force sustainment, restoration, and modernization of military
unaccompanied housing;
(4) $2,000,000,000 for the Defense Health Program;
(5) $2,900,000,000 to supplement the basic allowance for
housing payable to members of the Army, Air Force, Navy,
Marine Corps, and Space Force , notwithstanding section 403
of title 37, United States Code;
(6) $50,000,000 for bonuses, special pays, and incentive
pays for members of the Army, Air Force, Navy, Marine Corps,
and Space Force pursuant to titles 10 and 37, United States
Code;
(7) $10,000,000 for the Defense Activity for Non-Traditional
Education Support’s Online Academic Skills Course program
for members of the Army, Air Force, Navy, Marine Corps,
and Space Force;
(8) $100,000,000 for tuition assistance for members of the
Army, Air Force, Navy, Marine Corps, and Space Force pursu-
ant to title 10, United States Code;
(9) $100,000,000 for child care fee assistance for members
of the Army, Air Force, Navy, Marine Corps, and Space Force
under part II of chapter 88 of title 10, United States Code;
(10) $590,000,000 to increase the Temporary Lodging
Expense Allowance under chapter 8 of title 37, United States
Code, to 21 days;
(11) $100,000,000 for Department of Defense Impact Aid
payments to local educational agencies under section 2008 of
title 10, United States Code;
(12) $10,000,000 for military spouse professional licensure
under section 1784 of title 10, United States Code;
(13) $6,000,000 for Armed Forces Retirement Home facili-
ties;
(14) $100,000,000 for the Defense Community Infrastruc-
ture Program;
(15) $100,000,000 for Defense Advanced Research Projects
Agency (DARPA) casualty care research; and
(16) $62,000,000 for modernization of Department of
Defense childcare center staffing.
(b) TEMPORARY INCREASE IN PERCENTAGE OF VALUE OF AUTHOR-
IZED
INVESTMENT
IN
CERTAIN
PRIVATIZED
MILITARY
HOUSING
PROJECTS.—
H. R. 1—42
(1) IN GENERAL.—During the period beginning on the date
of the enactment of this section and ending on September
30, 2029, the Secretary concerned shall apply—
(A) paragraph (1) of subsection (c) of section 2875
of title 10, United States Code, by substituting ‘‘60 percent’’
for ‘‘33 1⁄3 percent’’; and
(B) paragraph (2) of such subsection by substituting
‘‘60 percent’’ for ‘‘45 percent’’.
(2) SECRETARY CONCERNED DEFINED.—In this subsection,
the term ‘‘Secretary concerned’’ has the meaning given such
term in section 101 of title 10, United States Code.
(c) TEMPORARY AUTHORITY FOR ACQUISITION OR CONSTRUCTION
OF PRIVATIZED MILITARY UNACCOMPANIED HOUSING.—Section 2881a
of title 10, United States Code, is amended—
(1) by striking the heading and inserting ‘‘Temporary
authority for acquisition or construction of privatized
military unaccompanied housing’’;
(2) by striking ‘‘Secretary of the Navy’’ each place it appears
and inserting ‘‘Secretary concerned’’;
(3) by striking ‘‘under the pilot projects’’ each place it
appears and inserting ‘‘pursuant to this section’’;
(4) in subsection (a)—
(A) by striking the heading and inserting ‘‘IN GEN-
ERAL’’; and
(B) by striking ‘‘carry out not more than three pilot
projects under the authority of this section or another
provision of this subchapter to use the private sector’’ and
inserting ‘‘use the authority under this subchapter to enter
into contracts with appropriate private sector entities’’;
(5) in subsection (c), by striking ‘‘privatized housing’’ and
inserting ‘‘privatized housing units’’;
(6) by redesignating subsection (f) as subsection (e); and
(7) in subsection (e) (as so redesignated)—
(A) by striking ‘‘under the pilot programs’’ and
inserting ‘‘under this section’’; and
(B) by striking ‘‘September 30, 2009’’ and inserting
‘‘September 30, 2029’’.
SEC. 20002. ENHANCEMENT OF DEPARTMENT OF DEFENSE RESOURCES
FOR SHIPBUILDING.
In addition to amounts otherwise available, there are appro-
priated to the Secretary of Defense for fiscal year 2025, out of
any money in the Treasury not otherwise appropriated, to remain
available until September 30, 2029—
(1) $250,000,000 for the expansion of accelerated Training
in Defense Manufacturing program;
(2) $250,000,000 for United States production of turbine
generators for shipbuilding industrial base;
(3) $450,000,000 for United States additive manufacturing
for wire production and machining capacity for shipbuilding
industrial base;
(4) $492,000,000 for next-generation shipbuilding tech-
niques;
(5) $85,000,000 for United States-made steel plate for ship-
building industrial base;
(6) $50,000,000 for machining capacity for naval propellers
for shipbuilding industrial base;
H. R. 1—43
(7) $110,000,000 for rolled steel and fabrication facility
for shipbuilding industrial base;
(8) $400,000,000 for expansion of collaborative campus for
naval shipbuilding;
(9) $450,000,000 for application of autonomy and artificial
intelligence to naval shipbuilding;
(10) $500,000,000 for the adoption of advanced manufac-
turing techniques in the shipbuilding industrial base;
(11) $500,000,000 for additional dry-dock capability;
(12) $50,000,000 for the expansion of cold spray repair
technologies;
(13) $450,000,000 for additional maritime industrial
workforce development programs;
(14) $750,000,000 for additional supplier development
across the naval shipbuilding industrial base;
(15) $250,000,000 for additional advanced manufacturing
processes across the naval shipbuilding industrial base;
(16) $4,600,000,000 for a second Virginia-class submarine
in fiscal year 2026;
(17) $5,400,000,000 for two additional Guided Missile
Destroyer (DDG) ships;
(18) $160,000,000 for advanced procurement for Landing
Ship Medium;
(19) $1,803,941,000 for procurement of Landing Ship
Medium;
(20) $295,000,000 for development of a second Landing
Craft Utility shipyard and production of additional Landing
Craft Utility;
(21) $100,000,000 for advanced procurement for light
replenishment oiler program;
(22) $600,000,000 for the lease or purchase of new ships
through the National Defense Sealift Fund;
(23) $2,725,000,000 for the procurement of T-AO oilers;
(24) $500,000,000 for cost-to-complete for rescue and sal-
vage ships;
(25) $300,000,000 for production of ship-to-shore connec-
tors;
(26) $1,470,000,000 for the implementation of a multi-ship
amphibious warship contract;
(27) $80,000,000 for accelerated development of vertical
launch system reloading at sea;
(28) $250,000,000 for expansion of Navy corrosion control
programs;
(29) $159,000,000 for leasing of ships for Marine Corps
operations;
(30) $1,534,000,000 for expansion of small unmanned sur-
face vessel production;
(31) $2,100,000,000 for development, procurement, and
integration of purpose-built medium unmanned surface vessels;
(32) $1,300,000,000 for expansion of unmanned underwater
vehicle production;
(33) $188,360,000 for the development and testing of mari-
time robotic autonomous systems and enabling technologies;
(34) $174,000,000 for the development of a Test Resource
Management Center robotic autonomous systems proving
ground;
H. R. 1—44
(35) $250,000,000 for the development, production, and
integration of wave-powered unmanned underwater vehicles;
and
(36) $150,000,000 for retention of inactive reserve fleet
ships.
SEC. 20003. ENHANCEMENT OF DEPARTMENT OF DEFENSE RESOURCES
FOR INTEGRATED AIR AND MISSILE DEFENSE.
(a) NEXT GENERATION MISSILE DEFENSE TECHNOLOGIES.—In
addition to amounts otherwise available, there are appropriated
to the Secretary of Defense for fiscal year 2025, out of any money
in the Treasury not otherwise appropriated, to remain available
until September 30, 2029—
(1) $250,000,000 for development and testing of directed
energy capabilities by the Under Secretary for Research and
Engineering;
(2) $500,000,000 for national security space launch infra-
structure;
(3) $2,000,000,000 for air moving target indicator military
satellites;
(4) $400,000,000 for expansion of Multi-Service Advanced
Capability Hypersonic Test Bed program;
(5) $5,600,000,000 for development of space-based and boost
phase intercept capabilities;
(6) $7,200,000,000 for the development, procurement, and
integration of military space-based sensors; and
(7) $2,550,000,000 for the development, procurement, and
integration of military missile defense capabilities.
(b) LAYERED HOMELAND DEFENSE.—In addition to amounts
otherwise available, there are appropriated to the Secretary of
Defense for fiscal year 2025, out of any money in the Treasury
not otherwise appropriated, to remain available until September
30, 2029—
(1) $2,200,000,000 for acceleration of hypersonic defense
systems;
(2) $800,000,000 for accelerated development and deploy-
ment of next-generation intercontinental ballistic missile
defense systems;
(3) $408,000,000 for Army space and strategic missile test
range infrastructure restoration and modernization in the
United States Indo-Pacific Command area of operations west
of the international dateline;
(4) $1,975,000,000 for improved ground-based missile
defense radars; and
(5) $530,000,000 for the design and construction of Missile
Defense Agency missile instrumentation range safety ship.
SEC. 20004. ENHANCEMENT OF DEPARTMENT OF DEFENSE RESOURCES
FOR MUNITIONS AND DEFENSE SUPPLY CHAIN RESIL-
IENCY.
(a) APPROPRIATIONS.—In addition to amounts otherwise avail-
able, there are appropriated to the Secretary of Defense for fiscal
year 2025, out of any money in the Treasury not otherwise appro-
priated, to remain available until September 30, 2029—
(1) $400,000,000 for the development, production, and
integration of Navy and Air Force long-range anti-ship missiles;
(2) $380,000,000 for production capacity expansion for Navy
and Air Force long-range anti-ship missiles;
H. R. 1—45
(3) $490,000,000 for the development, production, and
integration of Navy and Air Force long-range air-to-surface
missiles;
(4) $94,000,000 for the development, production, and
integration of alternative Navy and Air Force long-range air-
to-surface missiles;
(5) $630,000,000 for the development, production, and
integration of long-range Navy air defense and anti-ship mis-
siles;
(6) $688,000,000 for the development, production, and
integration of long-range multi-service cruise missiles;
(7) $250,000,000 for production capacity expansion and sup-
plier base strengthening of long-range multi-service cruise mis-
siles;
(8) $70,000,000 for the development, production, and
integration of short-range Navy and Marine Corps anti-ship
missiles;
(9) $100,000,000 for the development of an anti-ship seeker
for short-range Army ballistic missiles;
(10) $175,000,000 for production capacity expansion for
next-generation Army medium-range ballistic missiles;
(11) $50,000,000 for the mitigation of diminishing manufac-
turing sources for medium-range air-to-air missiles;
(12) $250,000,000 for the procurement of medium-range
air-to-air missiles;
(13) $225,000,000 for the expansion of production capacity
for medium-range air-to-air missiles;
(14) $50,000,000 for the development of second sources
for components of short-range air-to-air missiles;
(15) $325,000,000 for production capacity improvements
for air-launched anti-radiation missiles;
(16) $50,000,000 for the accelerated development of Army
next-generation medium-range anti-ship ballistic missiles;
(17) $114,000,000 for the production of Army next-genera-
tion medium-range ballistic missiles;
(18) $300,000,000 for the production of Army medium-range
ballistic missiles;
(19) $85,000,000 for the accelerated development of Army
long-range ballistic missiles;
(20) $400,000,000 for the production of heavyweight tor-
pedoes;
(21) $200,000,000 for the development, procurement, and
integration of mass-producible autonomous underwater muni-
tions;
(22) $70,000,000 for the improvement of heavyweight tor-
pedo maintenance activities;
(23) $200,000,000 for the production of lightweight tor-
pedoes;
(24) $500,000,000 for the development, procurement, and
integration of maritime mines;
(25) $50,000,000 for the development, procurement, and
integration of new underwater explosives;
(26) $55,000,000 for the development, procurement, and
integration of lightweight multi-mission torpedoes;
(27) $80,000,000 for the production of sonobuoys;
(28) $150,000,000 for the development, procurement, and
integration of air-delivered long-range maritime mines;
H. R. 1—46
(29) $61,000,000 for the acceleration of Navy expeditionary
loitering munitions deployment;
(30) $50,000,000 for the acceleration of one-way attack
unmanned aerial systems with advanced autonomy;
(31) $1,000,000,000 for the expansion of the one-way attack
unmanned aerial systems industrial base;
(32) $200,000,000 for investments in solid rocket motor
industrial base through the Industrial Base Fund established
under section 4817 of title 10, United States Code;
(33) $400,000,000 for investments in the emerging solid
rocket motor industrial base through the Industrial Base Fund
established under section 4817 of title 10, United States Code;
(34) $42,000,000 for investments in second sources for
large-diameter solid rocket motors for hypersonic missiles;
(35) $1,000,000,000 for the creation of next-generation auto-
mated munitions production factories;
(36) $170,000,000 for the development of advanced radar
depot for repair, testing, and production of radar and electronic
warfare systems;
(37) $25,000,000 for the expansion of the Department of
Defense industrial base policy analysis workforce;
(38) $30,300,000 for the repair of Army missiles;
(39) $100,000,000 for the production of small and medium
ammunition;
(40) $2,000,000,000 for additional activities to improve the
United States stockpile of critical minerals through the
National Defense Stockpile Transaction Fund, authorized by
subchapter III of chapter 5 of title 50, United States Code;
(41) $10,000,000 for the expansion of the Department of
Defense armaments cooperation workforce;
(42) $500,000,000 for the expansion of the Defense
Exportability Features program;
(43) $350,000,000 for production of Navy long-range air
and missile defense interceptors;
(44) $93,000,000 for replacement of Navy long-range air
and missile defense interceptors;
(45) $100,000,000 for development of a second solid rocket
motor source for Navy air defense and anti ship missiles;
(46) $65,000,000 for expansion of production capacity of
Missile Defense Agency long-range anti-ballistic missiles;
(47) $225,000,000 for expansion of production capacity for
Navy air defense and anti-ship missiles;
(48) $103,300,000 for expansion of depot level maintenance
facility for Navy long-range air and missile defense interceptors;
(49) $18,000,000 for creation of domestic source for guid-
ance section of Navy short-range air defense missiles;
(50) $65,000,000 for integration of Army medium-range
air and missile defense interceptor with Navy ships;
(51) $176,100,000 for production of Army long-range mov-
able missile defense radar;
(52) $167,000,000 for accelerated fielding of Army short-
range gun-based air and missile defense system;
(53) $40,000,000 for development of low-cost alternatives
to air and missile defense interceptors;
(54) $50,000,000 for acceleration of Army next-generation
shoulder-fired air defense system;
H. R. 1—47
(55) $91,000,000 for production of Army next-generation
shoulder-fired air defense system;
(56) $500,000,000 for development, production, and integra-
tion of counter-unmanned aerial systems programs;
(57) $350,000,000 for development, production, and integra-
tion of non-kinetic counter-unmanned aerial systems programs;
(58) $250,000,000 for development, production, and integra-
tion of land-based counter-unmanned aerial systems programs;
(59) $200,000,000 for development, production, and integra-
tion of ship-based counter-unmanned aerial systems programs;
(60) $400,000,000 for acceleration of hypersonic strike pro-
grams;
(61) $167,000,000 for procurement of additional launchers
for Army medium-range air and missile defense interceptors;
(62) $500,000,000 for expansion of defense advanced manu-
facturing techniques;
(63) $1,000,000 for establishment of the Joint Energetics
Transition Office;
(64) $200,000,000 for acceleration of Army medium-range
air and missile defense interceptors;
(65) $150,000,000 for additive manufacturing for propel-
lant;
(66) $250,000,000 for expansion and acceleration of pene-
trating munitions production; and
(67) $50,000,000 for development, procurement, and
integration of precision extended-range artillery.
(b) APPROPRIATION.—In addition to amounts otherwise avail-
able, there is appropriated to the Secretary of Defense for fiscal
year 2025, out of any money in the Treasury not otherwise appro-
priated,
to
remain
available
until
September
30,
2029,
$3,300,000,000 for grants and purchase commitments made pursu-
ant to the Industrial Base Fund established under section 4817
of title 10, United States Code.
(c) APPROPRIATION.—In addition to amounts otherwise avail-
able, there is appropriated to the Secretary of Defense for fiscal
year 2025, out of any money in the Treasury not otherwise appro-
priated,
to
remain
available
until
September
30,
2029,
$5,000,000,000 for investments in critical minerals supply chains
made pursuant to the Industrial Base Fund established under
section 4817 of title 10, United States Code.
(d) APPROPRIATIONS.—In addition to amounts otherwise avail-
able, there is appropriated to the Secretary of Defense, out of
any money in the Treasury not otherwise appropriated, to remain
available until September 30, 2029, $500,000,000 to the ‘‘Depart-
ment of Defense Credit Program Account’’ to carry out the capital
assistance program, including loans, loan guarantees, and technical
assistance, established under section 149(e) of title 10, United
States Code, for critical minerals and related industries and
projects, including related Covered Technology Categories: Provided,
That—
(1) such amounts are available to subsidize gross obliga-
tions for the principal amount of direct loans, and total loan
principal, any part of which is to be guaranteed, not to exceed
$100,000,000,000; and
(2) such amounts are available to cover all costs and
expenditures as provided under section 149(e)(5)(B) of title
10, United States Code.
H. R. 1—48
SEC. 20005. ENHANCEMENT OF DEPARTMENT OF DEFENSE RESOURCES
FOR SCALING LOW-COST WEAPONS INTO PRODUCTION.
(a) APPROPRIATIONS.—In addition to amounts otherwise avail-
able, there are appropriated to the Secretary of Defense for fiscal
year 2025, out of any money in the Treasury not otherwise appro-
priated, to remain available until September 30, 2029—
(1) $25,000,000 for the Office of Strategic Capital Global
Technology Scout program;
(2) $1,400,000,000 for the expansion of the small unmanned
aerial system industrial base;
(3) $400,000,000 for the development and deployment of
the Joint Fires Network and associated joint battle manage-
ment capabilities;
(4) $400,000,000 for the expansion of advanced command-
and-control tools to combatant commands and military depart-
ments;
(5) $100,000,000 for the development of shared secure facili-
ties for the defense industrial base;
(6) $50,000,000 for the creation of additional Defense
Innovation Unit OnRamp Hubs;
(7) $600,000,000 for the acceleration of Strategic Capabili-
ties Office programs;
(8) $650,000,000 for the expansion of Mission Capabilities
office joint prototyping and experimentation activities for mili-
tary innovation;
(9) $500,000,000 for the accelerated development and
integration of advanced 5G/6G technologies for military use;
(10) $25,000,000 for testing of simultaneous transmit and
receive technology for military spectrum agility;
(11) $50,000,000 for the development, procurement, and
integration of high-altitude stratospheric balloons for military
use;
(12) $120,000,000 for the development, procurement, and
integration of long-endurance unmanned aerial systems for
surveillance;
(13) $40,000,000 for the development, procurement, and
integration of alternative positioning and navigation technology
to enable military operations in contested electromagnetic
environments;
(14) $750,000,000 for the acceleration of innovative military
logistics and energy capability development and deployment;
(15) $125,000,000 for the acceleration of development of
small, portable modular nuclear reactors for military use;
(16) $1,000,000,000 for the expansion of programs to accel-
erate the procurement and fielding of innovative technologies;
(17) $90,000,000 for the development of reusable hypersonic
technology for military strikes;
(18) $2,000,000,000 for the expansion of Defense Innovation
Unit scaling of commercial technology for military use;
(19) $500,000,000 to prevent delays in delivery of attritable
autonomous military capabilities;
(20) $1,500,000,000 for the development, procurement, and
integration of low-cost cruise missiles;
(21) $124,000,000 for improvements to Test Resource
Management Center artificial intelligence capabilities;
H. R. 1—49
(22) $145,000,000 for the development of artificial intel-
ligence to enable one-way attack unmanned aerial systems
and naval systems;
(23) $250,000,000 for the development of the Test Resource
Management Center digital test environment;
(24) $250,000,000 for the advancement of the artificial
intelligence ecosystem;
(25) $250,000,000 for the expansion of Cyber Command
artificial intelligence lines of effort;
(26) $250,000,000 for the acceleration of the Quantum
Benchmarking Initiative;
(27) $1,000,000,000 for the expansion and acceleration of
qualification activities and technical data management to
enhance competition in defense industrial base;
(28) $400,000,000 for the expansion of the defense manufac-
turing technology program;
(29) $1,685,000,000 for military cryptographic moderniza-
tion activities;
(30) $90,000,000 for APEX Accelerators, the Mentor-Pro-
tege Program, and cybersecurity support to small non-tradi-
tional contractors;
(31) $250,000,000 for the development, procurement, and
integration of Air Force low-cost counter-air capabilities;
(32) $10,000,000 for additional Air Force wargaming activi-
ties; and
(33) $20,000,000 for the Office of Strategic Capital
workforce.
(b) APPROPRIATIONS.—In addition to amounts otherwise avail-
able, there are appropriated to the Secretary of Defense, out of
any money in the Treasury not otherwise appropriated, to remain
available until September 30, 2029, $1,000,000,000 to the ‘‘Depart-
ment of Defense Credit Program Account’’ to carry out the capital
assistance program, including loans, loan guarantees, and technical
assistance, established under section 149(e) of title 10, United
States Code: Provided, That—
(1) such amounts are available to subsidize gross obliga-
tions for the principal amount of direct loans, and total loan
principal, any part of which is to be guaranteed, not to exceed
$100,000,000,000; and
(2) such amounts are available to cover all costs and
expenditures as provided under section 149(e)(5)(B) of title
10, United States Code.
SEC. 20006. ENHANCEMENT OF DEPARTMENT OF DEFENSE RESOURCES
FOR IMPROVING THE EFFICIENCY AND CYBERSECURITY
OF THE DEPARTMENT OF DEFENSE.
In addition to amounts otherwise available, there are appro-
priated to the Secretary of Defense for fiscal year 2025, out of
any money in the Treasury not otherwise appropriated, to remain
available until September 30, 2029—
(1) $150,000,000 for business systems replacement to accel-
erate the audits of the financial statements of the Department
of Defense pursuant to chapter 9A and section 2222 of title
10, United States Code;
(2) $200,000,000 for the deployment of automation and
artificial intelligence to accelerate the audits of the financial
H. R. 1—50
statements of the Department of Defense pursuant to chapter
9A and section 2222 of title 10, United States Code;
(3) $10,000,000 for the improvement of the budgetary and
programmatic infrastructure of the Office of the Secretary of
Defense; and
(4) $20,000,000 for defense cybersecurity programs of the
Defense Advanced Research Projects Agency.
SEC. 20007. ENHANCEMENT OF DEPARTMENT OF DEFENSE RESOURCES
FOR AIR SUPERIORITY.
In addition to amounts otherwise available, there are appro-
priated to the Secretary of Defense for fiscal year 2025, out of
any money in the Treasury not otherwise appropriated, to remain
available until September 30, 2029—
(1) $3,150,000,000 to increase F–15EX aircraft production;
(2) $361,220,000 to prevent the retirement of F–22 aircraft;
(3) $127,460,000 to prevent the retirement of F–15E air-
craft;
(4) $187,000,000 to accelerate installation of F–16 electronic
warfare capability;
(5) $116,000,000 for C–17A Mobility Aircraft Connectivity;
(6) $84,000,000 for KC–135 Mobility Aircraft Connectivity;
(7) $440,000,000 to increase C–130J production;
(8) $474,000,000 to increase EA–37B production;
(9) $678,000,000 to accelerate the Collaborative Combat
Aircraft program;
(10) $400,000,000 to accelerate production of the F–47 air-
craft;
(11) $750,000,000 accelerate the FA/XX aircraft;
(12) $100,000,000 for production of Advanced Aerial Sen-
sors;
(13) $160,000,000 to accelerate V–22 nacelle and reliability
and safety improvements;
(14) $100,000,000 to accelerate production of MQ–25 air-
craft;
(15) $270,000,000 for development, procurement, and
integration of Marine Corps unmanned combat aircraft;
(16) $96,000,000 for the procurement and integration of
infrared search and track pods;
(17) $50,000,000 for the procurement and integration of
additional F–15EX conformal fuel tanks;
(18) $600,000,000 for the development, procurement, and
integration of Air Force long-range strike aircraft; and
(19) $500,000,000 for the development, procurement, and
integration of Navy long-range strike aircraft.
SEC. 20008. ENHANCEMENT OF RESOURCES FOR NUCLEAR FORCES.
(a) DOD APPROPRIATIONS.—In addition to amounts otherwise
available, there are appropriated to the Secretary of Defense for
fiscal year 2025, out of any money in the Treasury not otherwise
appropriated, to remain available until September 30, 2029—
(1) $2,500,000,000 for risk reduction activities for the Sen-
tinel intercontinental ballistic missile program;
(2) $4,500,000,000 only for expansion of production capacity
of B–21 long-range bomber aircraft and the purchase of aircraft
only available through the expansion of production capacity;
(3) $500,000,000 for improvements to the Minuteman III
intercontinental ballistic missile system;
H. R. 1—51
(4) $100,000,000 for capability enhancements to interconti-
nental ballistic missile reentry vehicles;
(5) $148,000,000 for the expansion of D5 missile motor
production;
(6) $400,000,000 to accelerate the development of Trident
D5LE2 submarine-launched ballistic missiles;
(7) $2,000,000,000 to accelerate the development, procure-
ment, and integration of the nuclear-armed sea-launched cruise
missile;
(8) $62,000,000 to convert Ohio-class submarine tubes to
accept additional missiles, not to be obligated before March
1, 2026;
(9) $168,000,000 to accelerate the production of the Surviv-
able Airborne Operations Center program;
(10) $65,000,000 to accelerate the modernization of nuclear
command, control, and communications;
(11) $210,300,000 for the increased production of MH–
139 helicopters; and
(12) $150,000,000 to accelerate the development, procure-
ment, and integration of military nuclear weapons delivery
programs.
(b) NNSA APPROPRIATIONS.—In addition to amounts otherwise
available, there are appropriated to the Administrator of the
National Nuclear Security Administration for fiscal year 2025, out
of any money in the Treasury not otherwise appropriated, to remain
available until September 30, 2029—
(1) $200,000,000 to perform National Nuclear Security
Administration Phase 1 studies pursuant to section 3211 of
the National Nuclear Security Administration Act (50 U.S.C.
2401);
(2) $540,000,000 to address deferred maintenance and
repair needs of the National Nuclear Security Administration
pursuant to section 3211 of the National Nuclear Security
Administration Act (50 U.S.C. 2401);
(3) $1,000,000,000 to accelerate the construction of National
Nuclear Security Administration facilities pursuant to section
3211 of the National Nuclear Security Administration Act (50
U.S.C. 2401);
(4) $400,000,000 to accelerate the development, procure-
ment, and integration of the warhead for the nuclear-armed
sea-launched cruise missile pursuant to section 3211 of the
National Nuclear Security Administration Act (50 U.S.C. 2401);
(5) $750,000,000 to accelerate primary capability mod-
ernization pursuant to section 3211 of the National Nuclear
Security Administration Act (50 U.S.C. 2401);
(6) $750,000,000 to accelerate secondary capability mod-
ernization pursuant to section 3211 of the National Nuclear
Security Administration Act (50 U.S.C. 2401);
(7) $120,000,000 to accelerate domestic uranium enrich-
ment centrifuge deployment for defense purposes pursuant to
section 3211 of the National Nuclear Security Administration
Act (50 U.S.C. 2401);
(8) $10,000,000 for National Nuclear Security Administra-
tion evaluation of spent fuel reprocessing technology; and
(9) $115,000,000 for accelerating nuclear national security
missions through artificial intelligence.
H. R. 1—52
SEC. 20009. ENHANCEMENT OF DEPARTMENT OF DEFENSE RESOURCES
TO IMPROVE CAPABILITIES OF UNITED STATES INDO-
PACIFIC COMMAND.
In addition to amounts otherwise available, there are appro-
priated to the Secretary of Defense for fiscal year 2025, out of
any money in the Treasury not otherwise appropriated, to remain
available until September 30, 2029—
(1) $365,000,000 for Army exercises and operations in the
Western Pacific area of operations;
(2) $53,000,000 for Special Operations Command exercises
and operations in the Western Pacific area of operations;
(3) $47,000,000 for Marine Corps exercises and operations
in Western Pacific area of operations;
(4) $90,000,000 for Air Force exercises and operations in
Western Pacific area of operations;
(5) $532,600,000 for the Pacific Air Force biennial large-
scale exercise;
(6) $19,000,000 for the development of naval small craft
capabilities;
(7) $35,000,000 for military additive manufacturing
capabilities in the United States Indo-Pacific Command area
of operations west of the international dateline;
(8) $450,000,000 for the development of airfields within
the area of operations of United States Indo-Pacific Command;
(9) $1,100,000,000 for development of infrastructure within
the area of operations of United States Indo-Pacific Command;
(10) $124,000,000 for mission networks for United States
Indo-Pacific Command;
(11) $100,000,000 for Air Force regionally based cluster
pre-position base kits;
(12) $115,000,000 for exploration and development of
existing Arctic infrastructure;
(13) $90,000,000 for the accelerated development of non-
kinetic capabilities;
(14) $20,000,000 for United States Indo-Pacific Command
military exercises;
(15) $143,000,000 for anti-submarine sonar arrays;
(16) $30,000,000 for surveillance and reconnaissance
capabilities for United States Africa Command;
(17) $30,000,000 for surveillance and reconnaissance
capabilities for United States Indo-Pacific Command;
(18) $500,000,000 for the development, coordination, and
deployment of economic competition effects within the Depart-
ment of Defense;
(19) $10,000,000 for the expansion of Department of
Defense workforce for economic competition;
(20) $1,000,000,000 for offensive cyber operations;
(21) $500,000,000 for personnel and operations costs associ-
ated with forces assigned to United States Indo-Pacific Com-
mand;
(22) $300,000,000 for the procurement of mesh network
communications capabilities for Special Operations Command
Pacific;
(23) $850,000,000 for the replenishment of military articles;
(24) $200,000,000 for acceleration of Guam Defense System
program;
(25) $68,000,000 for Space Force facilities improvements;
H. R. 1—53
(26) $150,000,000 for ground moving target indicator mili-
tary satellites;
(27) $528,000,000 for DARC and SILENTBARKER military
space situational awareness programs;
(28) $80,000,000 for Navy Operational Support Division;
(29) $1,000,000,000 for the X–37B military spacecraft pro-
gram;
(30) $3,650,000,000 for the development, procurement, and
integration of United States military satellites and the protec-
tion of United States military satellites.
(31) $125,000,000 for the development, procurement, and
integration of military space communications.
(32) $350,000,000 for the development, procurement, and
integration of military space command and control systems.
SEC. 20010. ENHANCEMENT OF DEPARTMENT OF DEFENSE RESOURCES
FOR IMPROVING THE READINESS OF THE DEPARTMENT
OF DEFENSE.
In addition to amounts otherwise available, there are appro-
priated to the Secretary of Defense for fiscal year 2025, out of
any money in the Treasury not otherwise appropriated, to remain
available until September 30, 2029—
(1) $1,400,000,000 for a pilot program on OPN-8 maritime
spares and repair rotable pool;
(2) $700,000,000 for a pilot program on OPN-8 maritime
spares and repair rotable pool for amphibious ships;
(3) $2,118,000,000 for spares and repairs to keep Air Force
aircraft mission capable;
(4) $1,500,000,000 for Army depot modernization and
capacity enhancement;
(5) $2,000,000,000 for Navy depot and shipyard moderniza-
tion and capacity enhancement;
(6) $250,000,000 for Air Force depot modernization and
capacity enhancement;
(7) $1,640,000,000 for Special Operations Command equip-
ment, readiness, and operations;
(8) $500,000,000 for National Guard unit readiness;
(9) $400,000,000 for Marine Corps readiness and capabili-
ties;
(10) $20,000,000 for upgrades to Marine Corps utility heli-
copters;
(11) $310,000,000 for next-generation vertical lift, assault,
and intra-theater aeromedical evacuation aircraft;
(12) $75,000,000 for the procurement of anti-lock braking
systems for Army wheeled transport vehicles;
(13) $230,000,000 for the procurement of Army wheeled
combat vehicles;
(14) $63,000,000 for the development of advanced rotary-
wing engines;
(15) $241,000,000 for the development, procurement, and
integration of Marine Corps amphibious vehicles;
(16) $250,000,000 for the procurement of Army tracked
combat transport vehicles;
(17) $98,000,000 for additional Army light rotary-wing
capabilities;
(18) $1,500,000,000 for increased depot maintenance and
shipyard maintenance activities;
H. R. 1—54
(19) $2,500,000,000 for Air Force facilities sustainment,
restoration, and modernization;
(20) $92,500,000 for the completion of Robotic Combat
Vehicle prototyping;
(21) $125,000,000 for Army operations;
(22) $10,000,000 for the Air Force Concepts, Development,
and Management Office; and
(23) $320,000,000 for Joint Special Operations Command.
SEC. 20011. IMPROVING DEPARTMENT OF DEFENSE BORDER SUPPORT
AND COUNTER-DRUG MISSIONS.
In addition to amounts otherwise available, there are appro-
priated to the Secretary of Defense for fiscal year 2025, out of
any money in the Treasury not otherwise appropriated, to remain
available until September 30, 2029, $1,000,000,000 for the deploy-
ment of military personnel in support of border operations, oper-
ations and maintenance activities in support of border operations,
counter-narcotics and counter-transnational criminal organization
mission support, the operation of national defense areas and
construction in national defense areas, and the temporary detention
of migrants on Department of Defense installations, in accordance
with chapter 15 of title 10, United States Code.
SEC. 20012. DEPARTMENT OF DEFENSE OVERSIGHT.
In addition to amounts otherwise available, there is appro-
priated to the Inspector General of the Department of Defense
for fiscal year 2025, out of any money in the Treasury not otherwise
appropriated, $10,000,000, to remain available through September
30, 2029, to monitor Department of Defense activities for which
funding is appropriated in this title, including—
(1) programs with mutual technological dependencies;
(2) programs with related data management and data
ownership considerations; and
(3) programs particularly vulnerable to supply chain disrup-
tions and long lead time components.
SEC. 20013. MILITARY CONSTRUCTION PROJECTS AUTHORIZED.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for military construction, land acquisi-
tion, and military family housing functions of each military depart-
ment (as defined in section 101(a) of title 10, United States Code)
as specified in this title.
(b) SPENDING PLAN.—Not later than 30 days after the date
of the enactment of this title, the Secretary of each military depart-
ment shall submit to the Committees on Armed Services of the
Senate and House of Representatives a detailed spending plan
by project for all funds made available by this title to be expended
on military construction projects.
H. R. 1—55
TITLE III—COMMITTEE ON BANKING,
HOUSING, AND URBAN AFFAIRS
SEC. 30001. FUNDING CAP FOR THE BUREAU OF CONSUMER FINANCIAL
PROTECTION.
Section 1017(a)(2)(A)(iii) of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5497(a)(2)(A)(iii)) is amended by striking
‘‘12’’ and inserting ‘‘6.5’’.
SEC. 30002. RESCISSION OF FUNDS FOR GREEN AND RESILIENT RET-
ROFIT PROGRAM FOR MULTIFAMILY HOUSING.
The unobligated balances of amounts made available under
section 30002(a) of the Act entitled ‘‘An Act to provide for reconcili-
ation pursuant to title II of S. Con. Res. 14’’, approved August
16, 2022 (Public Law 117–169; 136 Stat. 2027) are rescinded.
SEC. 30003. SECURITIES AND EXCHANGE COMMISSION RESERVE FUND.
(a) IN GENERAL.—Section 4 of the Securities Exchange Act
of 1934 (15 U.S.C. 78d) is amended—
(1) by striking subsection (i); and
(2) by redesignating subsections (j) and (k) as subsections
(i) and (j), respectively.
(b)
TECHNICAL
AND
CONFORMING
AMENDMENT.—Section
21F(g)(2) of the Securities Exchange Act of 1934 (15 U.S.C. 78u–
6(g)(2)) is amended to read as follows:
‘‘(a) USE OF FUND.—The Fund shall be available to the Commis-
sion, without further appropriation or fiscal year limitation, for
paying awards to whistleblowers as provided in subsection (b).’’.
(c) TRANSITION PROVISION.—During the period beginning on
the date of enactment of this Act and ending on October 1, 2025,
the Securities and Exchange Commission may expend amounts
in the Securities and Exchange Commission Reserve Fund that
were obligated before the date of enactment of this Act for any
program, project, or activity that is ongoing (as of the day before
the date of enactment of this Act) in accordance with subsection
(i) of section 4 of the Securities Exchange Act of 1934 (15 U.S.C.
78d), as in effect on the day before the date of enactment of
this Act.
(d) TRANSFER OF REMAINING AMOUNTS.—Effective on October
1, 2025, the obligated and unobligated balances of amounts in
the Securities and Exchange Commission Reserve Fund shall be
transferred to the general fund of the Treasury.
(e) CLOSING OF ACCOUNT.—For the purposes of section 1555
of title 31, United States Code, the Securities and Exchange
Commission Reserve Fund shall be considered closed, and thereafter
shall not be available for obligation or expenditure for any purpose,
upon execution of the transfer required under subsection (d).
SEC. 30004. APPROPRIATIONS FOR DEFENSE PRODUCTION ACT.
In addition to amounts otherwise available, there is appro-
priated for fiscal year 2025, out of amounts not otherwise appro-
priated, $1,000,000,000, to remain available until September 30,
2027, to carry out the Defense Production Act (50 U.S.C. 4501
et seq.).
H. R. 1—56
TITLE IV—COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
SEC. 40001. COAST GUARD MISSION READINESS.
(a) IN GENERAL.—Chapter 11 of title 14, United States Code,
is amended by adding at the end the following:
‘‘Subchapter V—Coast Guard Mission Readiness
‘‘§ 1181. Special appropriations
‘‘In addition to amounts otherwise available, there is appro-
priated to the Coast Guard for fiscal year 2025, out of any money
in the Treasury not otherwise appropriated, $24,593,500,000, to
remain available until September 30, 2029, notwithstanding para-
graphs (1) and (2) of section 1105(a) and sections 1131, 1132,
1133, and 1156, to use expedited processes to procure or acquire
new operational assets and systems, to maintain existing assets
and systems, to design, construct, plan, engineer, and improve
necessary shore infrastructure, and to enhance operational resil-
ience for monitoring, search and rescue, interdiction, hardening
of maritime approaches, and navigational safety, of which—
‘‘(1) $1,142,500,000 is provided for procurement and
acquisition of fixed-wing aircraft, equipment related to such
aircraft and training simulators and program management for
such aircraft, to provide for security of the maritime border;
‘‘(2) $2,283,000,000 is provided for procurement and
acquisition of rotary-wing aircraft, equipment related to such
aircraft and training simulators and program management for
such aircraft, to provide for security of the maritime border;
‘‘(3) $266,000,000 is provided for procurement and acquisi-
tion of long-range unmanned aircraft and base stations, equip-
ment related to such aircraft and base stations, and program
management for such aircraft and base stations, to provide
for security of the maritime border;
‘‘(4) $4,300,000,000 is provided for procurement of Offshore
Patrol Cutters, equipment related to such cutters, and program
management for such cutters, to provide operational presence
and security of the maritime border and for interdiction of
persons and controlled substances;
‘‘(5) $1,000,000,000 is provided for procurement of Fast
Response Cutters, equipment related to such cutters, and pro-
gram management for such cutters, to provide operational pres-
ence and security of the maritime border and for interdiction
of persons and controlled substances;
‘‘(6) $4,300,000,000 is provided for procurement of Polar
Security Cutters, equipment related to such cutters, and pro-
gram management for such cutters, to ensure timely presence
of the Coast Guard in the Arctic and Antarctic regions;
‘‘(7) $3,500,000,000 is provided for procurement of Arctic
Security Cutters, equipment related to such cutters, and pro-
gram management for such cutters, to ensure timely presence
of the Coast Guard in the Arctic and Antarctic regions;
‘‘(8) $816,000,000 is provided for procurement of light and
medium icebreaking cutters, and equipment relating to such
cutters, from shipyards that have demonstrated success in the
H. R. 1—57
cost-effective application of design standards and in delivering,
on schedule and within budget, vessels of a size and tonnage
that are not less than the size and tonnage of the cutters
described in this paragraph, and for program management
for such cutters, to expand domestic icebreaking capacity;
‘‘(9) $162,000,000 is provided for procurement of Waterways
Commerce Cutters, equipment related to such cutters, and
program management for such cutters, to support aids to
navigation, waterways and coastal security, and search and
rescue in inland waterways;
‘‘(10) $4,379,000,000 is provided for design, planning,
engineering, recapitalization, construction, rebuilding, and
improvement of, and program management for, shore facilities,
of which—
‘‘(A) $425,000,000 is provided for design, planning,
engineering, construction of, and program management
for—
‘‘(i) the enlisted boot camp barracks and multi-
use training center; and
‘‘(ii) other related facilities at the enlisted boot
camp;
‘‘(B) $500,000,000 is provided for—
‘‘(i) construction, improvement, and dredging at
the Coast Guard Yard; and
‘‘(ii) acquisition of a floating drydock for the Coast
Guard Yard;
‘‘(C) not more than $2,729,500,000 is provided for
homeports and hangars for cutters and aircraft for which
funds are appropriated under paragraph (1) through (9);
and
‘‘(D) $300,000,000 is provided for homeporting of the
existing polar icebreaker commissioned into service in 2025;
‘‘(11) $2,200,000,000 is provided for aviation, cutter, and
shore facility depot maintenance and maintenance of command,
control, communication, computer, and cyber assets;
‘‘(12) $170,000,000 is provided for improving maritime
domain awareness on the maritime border, at United States
ports, at land-based facilities and in the cyber domain; and
‘‘(13) $75,000,000 is provided to contract the services of,
acquire, or procure autonomous maritime systems.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The analysis
for chapter 11 of title 14, United States Code, is amended by
adding at the end the following:
‘‘SUBCHAPTER V—COAST GUARD MISSION READINESS
‘‘1181. Special appropriations.’’.
SEC. 40002. SPECTRUM AUCTIONS.
(a) DEFINITIONS.—In this section:
(1) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’
means the Assistant Secretary of Commerce for Communica-
tions and Information.
(2) COMMISSION.—The term ‘‘Commission’’ means the Fed-
eral Communications Commission.
(3) COVERED BAND.—The term ‘‘covered band’’—
(A) except as provided in subparagraph (B), means
the band of frequencies between 1.3 gigahertz and 10.5
gigahertz; and
H. R. 1—58
(B) does not include—
(i) the band of frequencies between 3.1 gigahertz
and 3.45 gigahertz for purposes of auction, reallocation,
modification, or withdrawal; or
(ii) the band of frequencies between 7.4 gigahertz
and 8.4 gigahertz for purposes of auction, reallocation,
modification, or withdrawal.
(4) FULL-POWER COMMERCIAL LICENSED USE CASES.—The
term ‘‘full-power commercial licensed use cases’’ means flexible
use wireless broadband services with base station power levels
sufficient for high-power, high-density, and wide-area commer-
cial mobile services, consistent with the service rules under
part 27 of title 47, Code of Federal Regulations, or any successor
regulations, for wireless broadband deployments throughout
the covered band.
(b) GENERAL AUCTION AUTHORITY.—
(1) AMENDMENT.—Section 309(j)(11) of the Communications
Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ‘‘grant
a license or permit under this subsection shall expire March
9, 2023’’ and all that follows and inserting the following:
″complete a system of competitive bidding under this subsection
shall expire September 30, 2034, except that, with respect
to the electromagnetic spectrum— ‘‘
‘‘(A) between the frequencies of 3.1 gigahertz and 3.45
gigahertz, such authority shall not apply; and
‘‘(B) between the frequencies of 7.4 gigahertz and 8.4
gigahertz, such authority shall not apply.’’.
(2) SPECTRUM
AUCTIONS.—The Commission shall grant
licenses through systems of competitive bidding, before the
expiration of the general auction authority of the Commission
under section 309(j)(11) of the Communications Act of 1934
(47 U.S.C. 309(j)(11)), as amended by paragraph (1) of this
subsection, for not less than 300 megahertz, including by com-
pleting a system of competitive bidding not later than 2 years
after the date of enactment of this Act for not less than 100
megahertz in the band between 3.98 gigahertz and 4.2
gigahertz.
(c) IDENTIFICATION FOR REALLOCATION.—
(1) IN GENERAL.—The Assistant Secretary, in consultation
with the Commission, shall identify 500 megahertz of fre-
quencies in the covered band for reallocation to non-Federal
use, shared Federal and non-Federal use, or a combination
thereof, for full-power commercial licensed use cases, that—
(A) as of the date of enactment of this Act, are allocated
for Federal use; and
(B) shall be in addition to the 300 megahertz of fre-
quencies for which the Commission grants licenses under
subsection (b)(2).
(2) SCHEDULE.—The Assistant Secretary shall identify the
frequencies under paragraph (1) according to the following
schedule:
(A) Not later than 2 years after the date of enactment
of this Act, the Assistant Secretary shall identify not less
than 200 megahertz of frequencies within the covered band.
(B) Not later than 4 years after the date of enactment
of this Act, the Assistant Secretary shall identify any
H. R. 1—59
remaining bandwidth required to be identified under para-
graph (1).
(3) REQUIRED ANALYSIS.—
(A) IN GENERAL.—In determining under paragraph (1)
which specific frequencies within the covered band to reallo-
cate, the Assistant Secretary shall determine the feasibility
of the reallocation of frequencies.
(B) REQUIREMENTS.—In conducting the analysis under
subparagraph (A), the Assistant Secretary shall assess net
revenue potential, relocation or sharing costs, as applicable,
and the feasibility of reallocating specific frequencies, with
the goal of identifying the best approach to maximize net
proceeds of systems of competitive bidding for the Treasury,
consistent with section 309(j) of the Communications Act
of 1934 (47 U.S.C. 309(j)).
(d) AUCTIONS.—The Commission shall grant licenses for the
frequencies identified for reallocation under subsection (c) through
systems of competitive bidding in accordance with the following
schedule:
(1) Not later than 4 years after the date of enactment
of this Act, the Commission shall, after notifying the Assistant
Secretary, complete 1 or more systems of competitive bidding
for not less than 200 megahertz of the frequencies.
(2) Not later than 8 years after the date of enactment
of this Act, the Commission shall, after notifying the Assistant
Secretary, complete 1 or more systems of competitive bidding
for any frequencies identified under subsection (c) that remain
to be auctioned after compliance with paragraph (1) of this
subsection.
(e) LIMITATION.—The President shall modify or withdraw any
frequency proposed for reallocation under this section not later
than 60 days before the commencement of a system of competitive
bidding scheduled by the Commission with respect to that fre-
quency, if the President determines that such modification or with-
drawal is necessary to protect the national security of the United
States.
(f) APPROPRIATION.—In addition to amounts otherwise avail-
able, there is appropriated to the Department of Commerce for
fiscal year 2025, out of any money in the Treasury not otherwise
appropriated, $50,000,000, to remain available through September
30, 2034, to provide additional support to the Assistant Secretary
to—
(1) conduct a timely spectrum analysis of the bands of
frequencies—
(A) between 2.7 gigahertz and 2.9 gigahertz;
(B) between 4.4 gigahertz and 4.9 gigahertz; and
(C) between 7.25 gigahertz and 7.4 gigahertz; and
(2) publish a biennial report, with the last report to be
published not later than June 30, 2034, on the value of all
spectrum used by Federal entities (as defined in section 113(l)
of the National Telecommunications and Information Adminis-
tration Organization Act (47 U.S.C. 923(l))), that assesses the
value of bands of frequencies in increments of not more than
100 megahertz.
H. R. 1—60
SEC. 40003. AIR TRAFFIC CONTROL IMPROVEMENTS.
(a) IN GENERAL.—For the purpose of the acquisition, construc-
tion, sustainment, and improvement of facilities and equipment
necessary to improve or maintain aviation safety, in addition to
amounts otherwise made available, there is appropriated to the
Administrator of the Federal Aviation Administration for fiscal
year 2025, out of any money in the Treasury not otherwise appro-
priated, to remain available until September 30, 2029—
(1) $4,750,000,000 for telecommunications infrastructure
modernization and systems upgrades;
(2) $3,000,000,000 for radar systems replacement;
(3) $500,000,000 for runway safety technologies, runway
lighting systems, airport surface surveillance technologies, and
to carry out section 347 of the FAA Reauthorization Act of
2024;
(4) $300,000,000 for Enterprise Information Display Sys-
tems;
(5) $80,000,000 to acquire and install not less than 50
Automated Weather Observing Systems, to acquire and install
not less than 60 Visual Weather Observing Systems, to acquire
and install not less than 64 weather camera sites, and to
acquire and install weather stations;
(6) $40,000,000 to carry out section 44745 of title 49, United
States Code, (except for activities described in paragraph (5));
(7) $1,900,000,000 for necessary actions to construct a new
air route traffic control center (in this subsection referred to
as ‘‘ARTCC’’): Provided, That not more than 2 percent of such
amount is used for planning or administrative purposes: Pro-
vided further, That at least 3 existing ARTCCs are divested
and integrated into the newly constructed ARTCC;
(8) $100,000,000 to conduct an ARTCC Realignment and
Consolidation Effort under which at least 10 existing ARTCCs
are closed or consolidated to facilitate recapitalization of
ARTCC facilities owned and operated by the Federal Aviation
Administration;
(9) $1,000,000,000 to support recapitalization and consoli-
dation of terminal radar approach control facilities (in this
subsection referred to as ‘‘TRACONs’’), the analysis and identi-
fication of TRACONs for divestment, consolidation, or integra-
tion, planning, site selection, facility acquisition, and transition
activities and other appropriate activities for carrying out such
divestment, consolidation, or integration, and the establishment
of brand new TRACONs;
(10) $350,000,000 for unstaffed infrastructure sustainment
and replacement;
(11) $50,000,000 to carry out section 961 of the FAA
Reauthorization Act of 2024;
(12) $300,000,000 to carry out section 619 of the FAA
Reauthorization Act of 2024;
(13) $50,000,000 to carry out section 621 of the FAA
Reauthorization Act of 2024 and to deploy remote tower tech-
nology at untowered airports; and
(14) $100,000,000 for air traffic controller advanced
training technologies.
(b) QUARTERLY REPORTING.—Not later than 180 days after the
date of enactment of this Act, and every 90 days thereafter, the
Administrator of the Federal Aviation Administration shall submit
H. R. 1—61
to Congress a report that describes any expenditures under this
section.
SEC. 40004. SPACE LAUNCH AND REENTRY LICENSING AND PERMIT-
TING USER FEES.
(a) IN GENERAL.—Chapter 509 of title 51, United States Code,
is amended by adding at the end the following new section:
‘‘§ 50924. Space launch and reentry licensing and permitting
user fees
‘‘(a) FEES.—
‘‘(1) IN GENERAL.—The Secretary of Transportation shall
impose a fee, which shall be deposited in the account estab-
lished under subsection (b), on each launch or reentry carried
out under a license or permit issued under section 50904 during
2026 or a subsequent year, in an amount equal to the lesser
of—
‘‘(A) the amount specified in paragraph (2) for the
year involved per pound of the weight of the payload;
or
‘‘(B) the amount specified in paragraph (3) for the
year involved.
‘‘(2) PARAGRAPH (2) SPECIFIED AMOUNT.—The amount speci-
fied in this paragraph is—
‘‘(A) for 2026, $0.25;
‘‘(B) for 2027, $0.35;
‘‘(C) for 2028, $0.50;
‘‘(D) for 2029, $0.60;
‘‘(E) for 2030, $0.75;
‘‘(F) for 2031, $1;
‘‘(G) for 2032, $1.25;
‘‘(H) for 2033, $1.50; and
‘‘(I) for 2034 and each subsequent year, the amount
specified in this paragraph for the previous year increased
by the percentage increase in the consumer price index
for all urban consumers (all items; United States city aver-
age) over the previous year.
‘‘(3) PARAGRAPH (3) SPECIFIED AMOUNT.—The amount speci-
fied in this paragraph is—
‘‘(A) for 2026, $30,000;
‘‘(B) for 2027, $40,000;
‘‘(C) for 2028, $50,000;
‘‘(D) for 2029, $75,000;
‘‘(E) for 2030, $100,000;
‘‘(F) for 2031, $125,000;
‘‘(G) for 2032, $170,000;
‘‘(H) for 2033, $200,000; and
‘‘(I) for 2034 and each subsequent year, the amount
specified in this paragraph for the previous year increased
by the percentage increase in the consumer price index
for all urban consumers (all items; United States city aver-
age) over the previous year.
‘‘(b) OFFICE OF COMMERCIAL SPACE TRANSPORTATION LAUNCH
AND REENTRY LICENSING AND PERMITTING FUND.—There is estab-
lished in the Treasury of the United States a separate account,
which shall be known as the ‘Office of Commercial Space Transpor-
tation Launch and Reentry Licensing and Permitting Fund’, for
H. R. 1—62
the purposes of expenses of the Office of Commercial Space
Transportation of the Federal Aviation Administration and to carry
out section 630(b) of the FAA Reauthorization Act of 2024. 70
percent of the amounts deposited into the fund shall be available
for such purposes and shall be available without further appropria-
tion and without fiscal year limitation.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
509 of title 51, United States Code, is amended by inserting after
the item relating to section 50923 the following:
‘‘50924. Space launch and reentry licensing and permitting user fees.’’.
SEC. 40005. MARS MISSIONS, ARTEMIS MISSIONS, AND MOON TO MARS
PROGRAM.
(a) IN GENERAL.—Chapter 203 of title 51, United States Code,
is amended by adding at the end the following:
‘‘§ 20306. Special appropriations for Mars missions, Artemis
missions, and Moon to Mars program
‘‘(a) IN GENERAL.—In addition to amounts otherwise available,
there is appropriated to the Administration for fiscal year 2025,
out of any money in the Treasury not otherwise appropriated,
$9,995,000,000, to remain available until September 30, 2032, to
use as follows:
‘‘(1) $700,000,000, to be obligated not later than fiscal year
2026, for the procurement, using a competitively bid, firm fixed-
price contract with a United States commercial provider (as
defined in section 50101(7)), of a high-performance Mars tele-
communications orbiter—
‘‘(A) that—
‘‘(i) is capable of providing robust, continuous
communications for—
‘‘(I) a Mars sample return mission, as
described in section 432(3)(C) of the National Aero-
nautics and Space Administration Transition
Authorization Act of 2017 (51 U.S.C. 20302 note;
Public Law 115–10); and
‘‘(II) future Mars surface, orbital, and human
exploration missions;
‘‘(ii) supports autonomous operations, onboard
processing, and extended mission duration capabilities;
and
‘‘(iii) is selected from among the commercial pro-
posals that—
‘‘(I) received funding from the Administration
in fiscal year 2024 or 2025 for commercial design
studies for Mars Sample Return; and
‘‘(II)
proposed
a
separate,
independently
launched Mars telecommunication orbiter sup-
porting an end-to-end Mars sample return mission;
and
‘‘(B) which shall be delivered to the Administration
not later than December 31, 2028.
‘‘(2) $2,600,000,000 to meet the requirements of section
20302(a) using the program of record known, as of the date
of the enactment of this section, as ‘Gateway’, and as described
in section 10811(b)(2)(B)(iv) of the National Aeronautics and
Space Administration Authorization Act of 2022 (51 U.S.C.
H. R. 1—63
20302 note; Public Law 117–167), of which not less than
$750,000,000 shall be obligated for each of fiscal years 2026,
2027, and 2028.
‘‘(3) $4,100,000,000 for expenses related to meeting the
requirements of section 10812 of the National Aeronautics and
Space Administration Authorization Act of 2022 (51 U.S.C.
20301; Public Law 117–167) for the procurement, transpor-
tation, integration, operation, and other necessary expenses
of the Space Launch System for Artemis Missions IV and
V, of which not less than $1,025,000,000 shall be obligated
for each of fiscal years 2026, 2027, 2028, and 2029.
‘‘(4) $20,000,000 for expenses related to the continued
procurement of the multi-purpose crew vehicle described in
section 303 of the National Aeronautics and Space Administra-
tion Authorization Act of 2010 (42 U.S.C. 18323), known as
the ‘Orion’, for use with the Space Launch System on the
Artemis IV Mission and reuse in subsequent Artemis Missions,
of which not less than $20,000,000 shall be obligated not later
than fiscal year 2026.
‘‘(5) $1,250,000,000 for expenses related to the operation
of the International Space Station and for the purpose of
meeting the requirement under section 503(a) of the National
Aeronautics and Space Administration Authorization Act of
2010 (42 U.S.C. 18353(a)), of which not less than $250,000,000
shall be obligated for such expenses for each of fiscal years
2025, 2026, 2027, 2028, and 2029.
‘‘(6) $1,000,000,000 for infrastructure improvements at the
manned spaceflight centers of the Administration, of which
not less than—
‘‘(A) $120,000,000 shall be obligated not later than
fiscal year 2026 for construction, revitalization, recapital-
ization, or other infrastructure projects and improvements
at the center described in Executive Order 12641 (53 Fed.
Reg. 18816; relating to designating certain facilities of the
National Aeronautics and Space Administration in the
State of Mississippi as the John C. Stennis Space Center);
‘‘(B) $250,000,000 shall be obligated not later than
fiscal year 2026 for construction, revitalization, recapital-
ization, or other infrastructure projects and improvements
at the center described in Executive Order 11129 (28 Fed.
Reg. 12787; relating to designating certain facilities of the
National Aeronautics and Space Administration and of the
Department of Defense, in the State of Florida, as the
John F. Kennedy Space Center);
‘‘(C) $300,000,000 shall be obligated not later than
fiscal year 2026 for construction, revitalization, recapital-
ization, or other infrastructure projects and improvements
at the center described in the Joint Resolution entitled
‘Joint Resolution to designate the Manned Spacecraft
Center in Houston, Texas, as the ‘‘Lyndon B. Johnson
Space Center’’ in honor of the late President’, approved
February 17, 1973 (Public Law 93–8; 87 Stat. 7);
‘‘(D) $100,000,000 shall be obligated not later than
fiscal year 2026 for construction, revitalization, recapital-
ization, or other infrastructure projects and improvements
at the center described in Executive Order 10870 (25 Fed.
Reg. 2197; relating to designating the facilities of the
H. R. 1—64
National Aeronautics and Space Administration at Hunts-
ville, Alabama, as the George C. Marshall Space Flight
Center);
‘‘(E) $30,000,000 shall be obligated not later than fiscal
year 2026 for construction, revitalization, recapitalization,
or other infrastructure projects and improvements at the
Michoud Assembly Facility in New Orleans, Louisiana; and
‘‘(F) $85,000,000 shall be obligated to carry out sub-
section (b), of which not less than $5,000,000 shall be
obligated for the transportation of the space vehicle
described in that subsection, with the remainder trans-
ferred not later than the date that is 18 months after
the date of the enactment of this section to the entity
designated under that subsection, for the purpose of
construction of a facility to house the space vehicle referred
to in that subsection.
‘‘(7)
$325,000,000
to
fulfill
contract
number
80JSC024CA002 issued by the National Aeronautics and Space
Administration on June 26, 2024.
‘‘(b) SPACE VEHICLE TRANSFER.—
‘‘(1) IN GENERAL.—Not later than 30 days after the date
of the enactment of this section, the Administrator shall identify
a space vehicle described in paragraph (2) to be—
‘‘(A) transferred to a field center of the Administration
that is involved in the administration of the Commercial
Crew Program (as described in section 302 of the National
Aeronautics
and
Space
Administration
Transition
Authorization Act of 2017 (51 U.S.C. 50111 note; Public
Law 115–10)); and
‘‘(B) placed on public exhibition at an entity within
the Metropolitan Statistical Area where such center is
located.
‘‘(2) SPACE VEHICLE DESCRIBED.—A space vehicle described
in this paragraph is a vessel that—
‘‘(A) has flown into space;
‘‘(B) has carried astronauts; and
‘‘(C) is selected with the concurrence of an entity des-
ignated by the Administrator.
‘‘(3) TRANSFER.—Not later than 18 months after the date
of the enactment of this section, the space vehicle identified
under paragraph (1) shall be transferred to an entity designated
by the Administrator.
‘‘(c) OBLIGATION OF FUNDS.—Funds appropriated under sub-
section (a) shall be obligated as follows:
‘‘(1) Not less than 50 percent of the total funds in subsection
(a) shall be obligated not later than September 30, 2028.
‘‘(2) 100 percent of funds shall be obligated not later than
September 30, 2029.
‘‘(3) All associated outlays shall occur not later than Sep-
tember 30, 2034.’’.
H. R. 1—65
(b) CLERICAL AMENDMENT.—The table of sections for chapter
203 of title 51, United States Code, is amended by adding at
the end the following:
‘‘20306. Special appropriations for Mars missions, Artemis missions, and Moon to
Mars program.’’.
SEC. 40006. CORPORATE AVERAGE FUEL ECONOMY CIVIL PENALTIES.
(a) IN GENERAL.—Section 32912 of title 49, United States Code,
is amended—
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘$5’’ and inserting ‘‘$0.00’’; and
(2) in subsection (c)(1)(B), by striking ‘‘$10’’ and inserting
‘‘$0.00’’.
(b) EFFECT; APPLICABILITY.—The amendments made by sub-
section (a) shall—
(1) take effect on the date of enactment of this section;
and
(2) apply to all model years of a manufacturer for which
the Secretary of Transportation has not provided a notification
pursuant to section 32903(b)(2)(B) of title 49, United States
Code, specifying the penalty due for the average fuel economy
of that manufacturer being less than the applicable standard
prescribed under section 32902 of that title.
SEC. 40007. PAYMENTS FOR LEASE OF METROPOLITAN WASHINGTON
AIRPORTS.
Section 49104(b) of title 49, United States Code, is amended
to read as follows:
‘‘(b) PAYMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), under the lease,
the Airports Authority must pay to the general fund of the
Treasury annually an amount, computed using the GNP Price
Deflator—
‘‘(A) during the period from 1987 to 2026, equal to
$3,000,000 in 1987 dollars; and
‘‘(B) for 2027 and subsequent years, equal to
$15,000,000 in 2027 dollars.
‘‘(2) RENEGOTIATION.—The Secretary and the Airports
Authority shall renegotiate the level of lease payments at least
once every 10 years to ensure that in no year the amount
specified in paragraph (1)(B) is less than $15,000,000 in 2027
dollars.’’.
SEC. 40008. RESCISSION OF CERTAIN AMOUNTS FOR THE NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION.
Any unobligated balances of amounts appropriated or otherwise
made available by sections 40001, 40002, 40003, and 40004 of
Public Law 117–169 (136 Stat. 2028) are hereby rescinded.
SEC. 40009. REDUCTION IN ANNUAL TRANSFERS TO TRAVEL PRO-
MOTION FUND.
Subsection (d)(2)(B) of the Travel Promotion Act of 2009 (22
U.S.C. 2131(d)(2)(B)) is amended by striking ‘‘$100,000,000’’ and
inserting ‘‘$20,000,000’’.
H. R. 1—66
SEC. 40010. TREATMENT OF UNOBLIGATED FUNDS FOR ALTERNATIVE
FUEL AND LOW-EMISSION AVIATION TECHNOLOGY.
Out of the amounts made available by section 40007(a) of
title IV of Public Law 117–169 (49 U.S.C. 44504 note), any unobli-
gated balances of such amounts are hereby rescinded.
SEC. 40011. RESCISSION OF AMOUNTS APPROPRIATED TO PUBLIC
WIRELESS SUPPLY CHAIN INNOVATION FUND.
Of the unobligated balances of amounts made available under
section 106(a) of the CHIPS Act of 2022 (Public Law 117–167;
136 Stat. 1392), $850,000,000 are permanently rescinded.
TITLE V—COMMITTEE ON ENERGY AND
NATURAL RESOURCES
Subtitle A—Oil and Gas Leasing
SEC. 50101. ONSHORE OIL AND GAS LEASING.
(a) REPEAL OF INFLATION REDUCTION ACT PROVISIONS.—
(1) ONSHORE OIL AND GAS ROYALTY RATES.—Subsection (a)
of section 50262 of Public Law 117–169 (136 Stat. 2056) is
repealed, and any provision of law amended or repealed by
that subsection is restored or revived as if that subsection
had not been enacted into law.
(2) NONCOMPETITIVE
LEASING.—Subsection (e) of section
50262 of Public Law 117–169 (136 Stat. 2057) is repealed,
and any provision of law amended or repealed by that sub-
section is restored or revived as if that subsection had not
been enacted into law.
(b) REQUIREMENT TO IMMEDIATELY RESUME ONSHORE OIL AND
GAS LEASE SALES.—
(1) IN GENERAL.—The Secretary of the Interior shall imme-
diately resume quarterly onshore oil and gas lease sales in
compliance with the Mineral Leasing Act (30 U.S.C. 181 et
seq.).
(2) REQUIREMENT.—The Secretary of the Interior shall
ensure—
(A) that any oil and gas lease sale required under
paragraph (1) is conducted immediately on completion of
all applicable scoping, public comment, and environmental
analysis requirements under the Mineral Leasing Act (30
U.S.C. 181 et seq.) and the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) that the processes described in subparagraph (A)
are conducted in a timely manner to ensure compliance
with subsection (b)(1).
(3) LEASE OF OIL AND GAS LANDS.—Section 17(b)(1)(A) of
the Mineral Leasing Act (30 U.S.C. 226(b)(1)(A)), as amended
by subsection (a), is amended by inserting ‘‘For purposes of
the previous sentence, the term ‘eligible lands’ means all lands
that are subject to leasing under this Act and are not excluded
from leasing by a statutory prohibition, and the term ‘available’,
with respect to eligible lands, means those lands that have
been designated as open for leasing under a land use plan
developed under section 202 of the Federal Land Policy and
H. R. 1—67
Management Act of 1976 (43 U.S.C. 1712) and that have been
nominated for leasing through the submission of an expression
of interest, are subject to drainage in the absence of leasing,
or are otherwise designated as available pursuant to regulations
adopted by the Secretary.’’ after ‘‘sales are necessary.’’.
(c) QUARTERLY LEASE SALES.—
(1) IN GENERAL.—In accordance with the Mineral Leasing
Act (30 U.S.C. 181 et seq.), each fiscal year, the Secretary
of the Interior shall conduct a minimum of 4 oil and gas
lease sales of available land in each of the following States:
(A) Wyoming.
(B) New Mexico.
(C) Colorado.
(D) Utah.
(E) Montana.
(F) North Dakota.
(G) Oklahoma.
(H) Nevada.
(I) Alaska.
(2) REQUIREMENT.—In conducting a lease sale under para-
graph (1) in a State described in that paragraph, the Secretary
of the Interior—
(A) shall offer not less than 50 percent of available
parcels nominated for oil and gas development under the
applicable resource management plan in effect for relevant
Bureau of Land Management resource management areas
within the applicable State; and
(B) shall not restrict the parcels offered to 1 Bureau
of Land Management field office within the applicable State
unless all nominated parcels are located within the same
Bureau of Land Management field office.
(3) REPLACEMENT
SALES.—The Secretary of the Interior
shall conduct a replacement sale during the same fiscal year
if—
(A) a lease sale under paragraph (1) is canceled,
delayed, or deferred, including for a lack of eligible parcels;
or
(B) during a lease sale under paragraph (1) the percent-
age of acreage that does not receive a bid is equal to
or greater than 25 percent of the acreage offered.
(d) MINERAL LEASING ACT REFORMS.—Section 17 of the Mineral
Leasing Act (30 U.S.C. 226), as amended by subsection (a), is
amended—
(1) by striking the section designation and all that follows
through the end of subsection (a) and inserting the following:
‘‘SEC. 17. LEASING OF OIL AND GAS PARCELS.
‘‘(a) LEASING AUTHORIZED.—
‘‘(1) IN GENERAL.—Any parcel of land subject to disposition
under this Act that is known or believed to contain oil or
gas deposits shall be made available for leasing, subject to
paragraph (2), by the Secretary of the Interior, not later than
18 months after the date of receipt by the Secretary of an
expression of interest in leasing the applicable parcel of land
available for disposition under this section, if the Secretary
determines that the parcel of land is open to oil or gas leasing
under the approved resource management plan applicable to
H. R. 1—68
the planning area in which the parcel of land is located that
is in effect on the date on which the expression of interest
was submitted to the Secretary (referred to in this subsection
as the ‘approved resource management plan’).
‘‘(2) RESOURCE MANAGEMENT PLANS.—
‘‘(A) LEASE TERMS AND CONDITIONS.—A lease issued
by the Secretary under this section with respect to an
applicable parcel of land made available for leasing under
paragraph (1)—
‘‘(i) shall be subject to the terms and conditions
of the approved resource management plan; and
‘‘(ii) may not require any stipulations or mitigation
requirements not included in the approved resource
management plan.
‘‘(B) EFFECT
OF
AMENDMENT.—The initiation of an
amendment to an approved resource management plan
shall not prevent or delay the Secretary from making the
applicable parcel of land available for leasing in accordance
with that approved resource management plan if the other
requirements of this section have been met, as determined
by the Secretary.’’;
(2) in subsection (p), by adding at the end the following:
‘‘(4) TERM.—A permit to drill approved under this sub-
section shall be valid for a single, non-renewable 4-year period
beginning on the date that the permit to drill is approved.’’;
and
(3) by striking subsection (q) and inserting the following:
‘‘(q) COMMINGLING
OF PRODUCTION.—The Secretary of the
Interior shall approve applications allowing for the commingling
of production from 2 or more sources (including the area of an
oil and gas lease, the area included in a drilling spacing unit,
a unit participating area, a communitized area, or non-Federal
property) before production reaches the point of royalty measure-
ment regardless of ownership, the royalty rates, and the number
or percentage of acres for each source if the applicant agrees to
install measurement devices for each source, utilize an allocation
method that achieves volume measurement uncertainty levels
within plus or minus 2 percent during the production phase reported
on a monthly basis, or utilize an approved periodic well testing
methodology. Production from multiple oil and gas leases, drilling
spacing units, communitized areas, or participating areas from a
single wellbore shall be considered a single source. Nothing in
this subsection shall prevent the Secretary of the Interior from
continuing the current practice of exercising discretion to authorize
higher percentage volume measurement uncertainty levels if appro-
priate technical and economic justifications have been provided.’’.
SEC. 50102. OFFSHORE OIL AND GAS LEASING.
(a) LEASE SALES.—
(1) GULF OF AMERICA REGION.—
(A) IN
GENERAL.—Notwithstanding the 2024–2029
National Outer Continental Shelf Oil and Gas Leasing
Program (and any successor leasing program that does
not satisfy the requirements of this section), in addition
to lease sales which may be held under that program,
and except within areas subject to existing oil and gas
H. R. 1—69
leasing moratoria, the Secretary of the Interior shall con-
duct a minimum of 30 region-wide oil and gas lease sales,
in a manner consistent with the schedule described in
subparagraph (B), in the region identified in the map
depicting lease terms and economic conditions accom-
panying the final notice of sale of the Bureau of Ocean
Energy Management entitled ‘‘Gulf of Mexico Outer Conti-
nental Shelf Region-Wide Oil and Gas Lease Sale 254’’
(85 Fed. Reg. 8010 (February 12, 2020)).
(B) TIMING REQUIREMENT.—Of the not fewer than 30
region-wide lease sales required under this paragraph, the
Secretary of the Interior shall—
(i) hold not fewer than 1 lease sale in the region
described in subparagraph (A) by December 15, 2025;
(ii) hold not fewer than 2 lease sales in that region
in each of calendar years 2026 through 2039, 1 of
which shall be held by March 15 of the applicable
calendar year and 1 of which shall be held after March
15 but not later than August 15 of the applicable
calendar year; and
(iii) hold not fewer than 1 lease sale in that region
in calendar year 2040, which shall be held by March
15, 2040.
(2) ALASKA REGION.—
(A) IN GENERAL.—The Secretary of the Interior shall
conduct a minimum of 6 offshore lease sales, in a manner
consistent with the schedule described in subparagraph
(B), in the Cook Inlet Planning Area as identified in the
2017–2022 Outer Continental Shelf Oil and Gas Leasing
Proposed Final Program published on November 18, 2016,
by the Bureau of Ocean Energy Management (as announced
in the notice of availability of the Bureau of Ocean Energy
Management entitled ‘‘Notice of Availability of the 2017–
2022 Outer Continental Shelf Oil and Gas Leasing Pro-
posed Final Program’’ (81 Fed. Reg. 84612 (November 23,
2016))).
(B) TIMING REQUIREMENT.—Of the not fewer than 6
lease sales required under this paragraph, the Secretary
of the Interior shall hold not fewer than 1 lease sale in
the area described in subparagraph (A) in each of calendar
years 2026 through 2028, and in each of calendar years
2030 through 2032, by March 15 of the applicable calendar
year.
(b) REQUIREMENTS.—
(1) TERMS
AND
STIPULATIONS
FOR
GULF
OF
AMERICA
SALES.—In conducting lease sales under subsection (a)(1), the
Secretary of the Interior—
(A) shall, subject to subparagraph (C), offer the same
lease form, lease terms, economic conditions, and lease
stipulations 4 through 9 as contained in the final notice
of sale of the Bureau of Ocean Energy Management entitled
‘‘Gulf of Mexico Outer Continental Shelf Region-Wide Oil
and Gas Lease Sale 254’’ (85 Fed. Reg. 8010 (February
12, 2020));
(B) may update lease stipulations 1 through 3 and
10 described in that final notice of sale to reflect current
conditions for lease sales conducted under subsection (a)(1);
H. R. 1—70
(C) shall set the royalty rate at not less than 121⁄2
percent but not greater than 162⁄3 percent; and
(D) shall, for a lease in water depths of 800 meters
or deeper issued as a result of a sale, set the primary
term for 10 years.
(2) TERMS AND STIPULATIONS FOR ALASKA REGION SALES.—
(A) IN GENERAL.—In conducting lease sales under sub-
section (a)(2), the Secretary of the Interior shall offer the
same lease form, lease terms, economic conditions, and
stipulations as contained in the final notice of sale of the
Bureau of Ocean Energy Management entitled ‘‘Cook Inlet
Planning Area Outer Continental Shelf Oil and Gas Lease
Sale 244’’ (82 Fed. Reg. 23291 (May 22, 2017)).
(B) REVENUE SHARING.—Notwithstanding section 8(g)
and section 9 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(g), 1338), and beginning in fiscal year
2034, of the bonuses, rents, royalties, and other revenues
derived from lease sales conducted under subsection
(a)(2)—
(i) 70 percent shall be paid to the State of Alaska;
and
(ii) 30 percent shall be deposited in the Treasury
and credited to miscellaneous receipts.
(3) AREA OFFERED FOR LEASE.—
(A) GULF OF AMERICA REGION.—For each offshore lease
sale conducted under subsection (a)(1), the Secretary of
the Interior shall—
(i) offer not fewer than 80,000,000 acres; or
(ii) if there are fewer than 80,000,000 acres that
are unleased and available, offer all unleased and
available acres.
(B) ALASKA REGION.—For each offshore lease sale con-
ducted under subsection (a)(2), the Secretary of the Interior
shall—
(i) offer not fewer than 1,000,000 acres; or
(ii) if there are fewer than 1,000,000 acres that
are unleased and available, offer all unleased and
available acres.
(c) OFFSHORE COMMINGLING.—The Secretary of the Interior
shall approve a request of an operator to commingle oil or gas
production from multiple reservoirs within a single wellbore com-
pleted on the outer Continental Shelf in the Gulf of America Region
unless the Secretary of the Interior determines that conclusive
evidence establishes that the commingling—
(1) could not be conducted by the operator in a safe manner;
or
(2) would result in an ultimate recovery from the applicable
reservoirs to be reduced in comparison to the expected recovery
of those reservoirs if they had not been commingled.
(d) OFFSHORE OIL AND GAS ROYALTY RATE.—
(1) REPEAL.—Section 50261 of Public Law 117–169 (136
Stat. 2056) is repealed, and any provision of law amended
or repealed by that section is restored or revived as if that
section had not been enacted into law.
(2) ROYALTY RATE.—Section 8(a)(1) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a)(1)) (as amended by para-
graph (1)) is amended—
H. R. 1—71
(A) in subparagraph (A), by striking ‘‘not less than
121⁄2 per centum’’ and inserting ‘‘not less than 121⁄2 percent,
but not more than 162⁄3 percent,’’;
(B) in subparagraph (C), by striking ‘‘not less than
121⁄2 per centum’’ and inserting ‘‘not less than 121⁄2 percent,
but not more than 162⁄3 percent,’’;
(C) in subparagraph (F), by striking ‘‘no less than
121⁄2 per centum’’ and inserting ‘‘not less than 121⁄2 percent,
but not more than 162⁄3 percent,’’; and
(D) in subparagraph (H), by striking ‘‘no less than
12 and 1⁄2 per centum’’ and inserting ‘‘not less than 121⁄2
percent, but not more than 162⁄3 percent,’’.
(e) LIMITATIONS ON AMOUNT OF DISTRIBUTED QUALIFIED OUTER
CONTINENTAL SHELF REVENUES.—Section 105(f)(1) of the Gulf of
Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public
Law 109–432) is amended—
(1) in subparagraph (B), by striking ‘‘and’’ at the end;
(2) in subparagraph (C), by striking ‘‘2055.’’ and inserting
‘‘2024;’’; and
(3) by adding at the end the following:
‘‘(D) $650,000,000 for each of fiscal years 2025 through
2034; and
‘‘(E) $500,000,000 for each of fiscal years 2035 through
2055.’’.
SEC. 50103. ROYALTIES ON EXTRACTED METHANE.
Section 50263 of Public Law 117–169 (30 U.S.C. 1727) is
repealed.
SEC. 50104. ALASKA OIL AND GAS LEASING.
(a) DEFINITIONS.—In this section:
(1) COASTAL
PLAIN.—The term ‘‘Coastal Plain’’ has the
meaning given the term in section 20001(a) of Public Law
115–97 (16 U.S.C. 3143 note).
(2) OIL AND GAS PROGRAM.—The term ‘‘oil and gas program’’
means the oil and gas program established under section
20001(b)(2) of Public Law 115–97 (16 U.S.C. 3143 note).
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior, acting through the Bureau of Land Management.
(b) LEASE SALES REQUIRED.—
(1) IN GENERAL.—Subject to paragraph (3), in addition to
the lease sales required under section 20001(c)(1)(A) of Public
Law 115–97 (16 U.S.C. 3143 note), the Secretary shall conduct
not fewer than 4 lease sales area-wide under the oil and gas
program by not later than 10 years after the date of enactment
of this Act.
(2) TERMS
AND
CONDITIONS.—In conducting lease sales
under paragraph (1), the Secretary shall offer the same terms
and conditions as contained in the record of decision described
in the notice of availability of the Bureau of Land Management
entitled ‘‘Notice of Availability of the Record of Decision for
the Final Environmental Impact Statement for the Coastal
Plain Oil and Gas Leasing Program, Alaska’’ (85 Fed. Reg.
51754 (August 21, 2020)).
(3) SALE ACREAGES; SCHEDULE.—
(A) ACREAGES.—In conducting the lease sales required
under paragraph (1), the Secretary shall offer for lease
under the oil and gas program—
H. R. 1—72
(i) not fewer than 400,000 acres area-wide in each
lease sale; and
(ii) those areas that have the highest potential
for the discovery of hydrocarbons.
(B) SCHEDULE.—The Secretary shall offer—
(i) the initial lease sale under paragraph (1) not
later than 1 year after the date of enactment of this
Act;
(ii) a second lease sale under paragraph (1) not
later than 3 years after the date of enactment of this
Act;
(iii) a third lease sale under paragraph (1) not
later than 5 years after the date of enactment of this
Act; and
(iv) a fourth lease sale under paragraph (1) not
later than 7 years after the date of enactment of this
Act.
(4) RIGHTS-OF-WAY.—Section 20001(c)(2) of Public Law 115–
97 (16 U.S.C. 3143 note) shall apply to leases awarded under
this subsection.
(5) SURFACE DEVELOPMENT.—Section 20001(c)(3) of Public
Law 115–97 (16 U.S.C. 3143 note) shall apply to leases awarded
under this subsection.
(c) RECEIPTS.—Notwithstanding section 35 of the Mineral
Leasing Act (30 U.S.C. 191) and section 20001(b)(5) of Public Law
115–97 (16 U.S.C. 3143 note), of the amount of adjusted bonus,
rental, and royalty receipts derived from the oil and gas program
and operations on the Coastal Plain pursuant to this section—
(1)(A) for each of fiscal years 2025 through 2033, 50 percent
shall be paid to the State of Alaska; and
(B) for fiscal year 2034 and each fiscal year thereafter,
70 percent shall be paid to the State of Alaska; and
(2) the balance shall be deposited into the Treasury as
miscellaneous receipts.
SEC. 50105. NATIONAL PETROLEUM RESERVE–ALASKA.
(a) DEFINITIONS.—In this section:
(1) NPR–A FINAL ENVIRONMENTAL IMPACT STATEMENT.—
The term ‘‘NPR–A final environmental impact statement’’
means the final environmental impact statement published by
the Bureau of Land Management entitled ‘‘National Petroleum
Reserve in Alaska Integrated Activity Plan Final Environ-
mental Impact Statement’’ and dated June 2020, including
the errata sheet dated October 6, 2020, and excluding the
errata sheet dated September 20, 2022.
(2) NPR–A RECORD OF DECISION.—The term ‘‘NPR–A record
of decision’’ means the record of decision published by the
Bureau of Land Management entitled ‘‘National Petroleum
Reserve in Alaska Integrated Activity Plan Record of Decision’’
and dated December 2020.
(3) PROGRAM.—The term ‘‘Program’’ means the competitive
oil and gas leasing, exploration, development, and production
program established under section 107 of the Naval Petroleum
Reserves Production Act of 1976 (42 U.S.C. 6506a).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
H. R. 1—73
(b) RESTORATION OF NPR–A OIL AND GAS LEASING PROGRAM.—
Effective beginning on the date of enactment of this Act, the Sec-
retary shall expeditiously restore and resume oil and gas lease
sales under the Program for domestic energy production and Federal
revenue in the areas designated for oil and gas leasing as described
in the NPR–A final environmental impact statement and the NPR–
A record of decision.
(c) RESUMPTION OF NPR–A LEASE SALES.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary
shall conduct not fewer than 5 lease sales under the Program
by not later than 10 years after the date of enactment of
this Act.
(2) SALES ACREAGES; SCHEDULE.—
(A) ACREAGES.—In conducting the lease sales required
under paragraph (1), the Secretary shall offer not fewer
than 4,000,000 acres in each lease sale.
(B) SCHEDULE.—The Secretary shall offer—
(i) an initial lease sale under paragraph (1) not
later than 1 year after the date of enactment of this
Act; and
(ii) an additional lease sale under paragraph (1)
not later than every 2 years after the date of enactment
of this Act.
(d) TERMS AND STIPULATIONS FOR NPR–A LEASE SALES.—In
conducting lease sales under subsection (c), the Secretary shall
offer the same lease form, lease terms, economic conditions, and
stipulations as described in the NPR–A final environmental impact
statement and the NPR–A record of decision.
(e) RECEIPTS.—Section 107(l) of the Naval Petroleum Reserves
Production Act of 1976 (42 U.S.C. 6506a(l)) is amended—
(1) by striking ‘‘All receipts from’’ and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
all receipts from’’; and
(2) by adding at the end the following:
‘‘(2) PERCENT
SHARE
FOR
FISCAL
YEAR
2034
AND
THERE-
AFTER.—Beginning in fiscal year 2034, of the receipts from
sales, rentals, bonuses, and royalties on leases issued pursuant
to this section after the date of enactment of the Act entitled
‘An Act to provide for reconciliation pursuant to title II of
H. Con. Res. 14’ (119th Congress)—
‘‘(A) 70 percent shall be paid to the State of Alaska;
and
‘‘(B) 30 percent shall be paid into the Treasury of
the United States.’’.
Subtitle B—Mining
SEC. 50201. COAL LEASING.
(a) DEFINITIONS.—In this section:
(1) COAL
LEASE.—The term ‘‘coal lease’’ means a lease
entered into by the United States as lessor, through the Bureau
of Land Management, and an applicant on Bureau of Land
Management Form 3400-012 (or a successor form that contains
the terms of a coal lease).
H. R. 1—74
(2) QUALIFIED APPLICATION.—The term ‘‘qualified applica-
tion’’ means an application for a coal lease pending as of the
date of enactment of this Act or submitted within 90 days
thereafter under the lease by application program administered
by the Bureau of Land Management pursuant to the Mineral
Leasing Act (30 U.S.C. 181 et seq.) for which any required
environmental review has commenced or the Director of the
Bureau of Land Management determines can commence within
90 days after receiving the application.
(b) COAL LEASING ACTIVITIES.—Not later than 90 days after
the date of enactment of this Act, the Secretary of the Interior—
(1) shall—
(A) with respect to each qualified application—
(i) if not previously published for public comment,
publish any required environmental review;
(ii) establish the fair market value of the applicable
coal tract;
(iii) hold a lease sale with respect to the applicable
coal tract; and
(iv) identify the highest bidder at or above the
fair market value and take all other intermediate
actions necessary to identify the winning bidder and
grant the qualified application; and
(2) may—
(A) with respect to a previously issued coal lease, grant
any additional approvals of the Department of the Interior
required for mining activities to commence; and
(B) after completing the actions required by clauses
(i) through (iv) of paragraph (1)(A), grant the qualified
application and issue the applicable lease to the person
that submitted the qualified application if that person sub-
mitted the winning bid in the lease sale held under clause
(iii) of paragraph (1)(A).
SEC. 50202. COAL ROYALTY.
(a) RATE.—Section 7(a) of the Mineral Leasing Act (30 U.S.C.
207(a)) is amended, in the fourth sentence, by striking ‘‘121⁄2 per
centum’’ and inserting ‘‘121⁄2 percent, except such amount shall
be not more than 7 percent during the period that begins on
the date of enactment of the Act entitled ‘An Act to provide for
reconciliation pursuant to title II of H. Con. Res. 14’ (119th Con-
gress) and ends September 30, 2034,’’.
(b) APPLICABILITY TO EXISTING LEASES.—The amendment made
by subsection (a) shall apply to a coal lease—
(1) issued under section 2 of the Mineral Leasing Act
(30 U.S.C. 201) before, on, or after the date of the enactment
of this Act; and
(2) that has not been terminated.
(c) ADVANCE ROYALTIES.—With respect to a lease issued under
section 2 of the Mineral Leasing Act (30 U.S.C. 201) for which
the lessee has paid advance royalties under section 7(b) of that
Act (30 U.S.C. 207(b)), the Secretary of the Interior shall provide
to the lessee a credit for the difference between the amount paid
by the lessee in advance royalties for the lease before the date
of the enactment of this Act and the amount the lessee would
have been required to pay if the amendment made by subsection
H. R. 1—75
(a) had been made before the lessee paid advance royalties for
the lease.
SEC. 50203. LEASES FOR KNOWN RECOVERABLE COAL RESOURCES.
Notwithstanding section 2(a)(3)(A) of the Mineral Leasing Act
(30 U.S.C. 201(a)(3)(A)) and section 202(a) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712(a)), not later
than 90 days after the date of enactment of this Act, the Secretary
of the Interior shall make available for lease known recoverable
coal resources of not less than 4,000,000 additional acres on Federal
land located in the 48 contiguous States and Alaska subject to
the jurisdiction of the Secretary, but which shall not include any
Federal land within—
(1) a National Monument;
(2) a National Recreation Area;
(3) a component of the National Wilderness Preservation
System;
(4) a component of the National Wild and Scenic Rivers
System;
(5) a component of the National Trails System;
(6) a National Conservation Area;
(7) a unit of the National Wildlife Refuge System;
(8) a unit of the National Fish Hatchery System; or
(9) a unit of the National Park System.
SEC. 50204. AUTHORIZATION TO MINE FEDERAL COAL.
(a) AUTHORIZATION.—In order to provide access to coal reserves
in adjacent State or private land that without an authorization
could not be mined economically, Federal coal reserves located
in Federal land subject to a mining plan previously approved by
the Secretary of the Interior as of the date of enactment of this
Act and adjacent to coal reserves in adjacent State or private
land are authorized to be mined.
(b) REQUIREMENT.—Not later than 90 days after the date of
enactment of this Act, the Secretary of the Interior shall, without
substantial modification, take such steps as are necessary to
authorize the mining of Federal land described in subsection (a).
(c) NEPA.—Nothing in this section shall prevent a review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
Subtitle C—Lands
SEC. 50301. TIMBER SALES AND LONG-TERM CONTRACTING FOR THE
FOREST SERVICE AND THE BUREAU OF LAND MANAGE-
MENT.
(a) FOREST SERVICE.—
(1) DEFINITIONS.—In this subsection:
(A) FOREST PLAN.—The term ‘‘forest plan’’ means a
land and resource management plan prepared by the Sec-
retary for a unit of the National Forest System pursuant
to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(B) NATIONAL FOREST SYSTEM.—
(i) IN
GENERAL.—The term ‘‘National Forest
System’’ means land of the National Forest System
(as defined in section 11(a) of the Forest and Rangeland
H. R. 1—76
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a))) administered by the Secretary.
(ii) EXCLUSIONS.—The term ‘‘National Forest
System’’ does not include any forest reserve not created
from the public domain.
(C) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of Agriculture, acting through the Chief of the Forest
Service.
(2) TIMBER SALES ON PUBLIC DOMAIN FOREST RESERVES.—
(A) IN GENERAL.—For each of fiscal years 2026 through
2034, the Secretary shall sell timber annually on National
Forest System land in a total quantity that is not less
than 250,000,000 board-feet greater than the quantity of
board-feet sold in the previous fiscal year.
(B) LIMITATION.—The timber sales under subparagraph
(A) shall be subject to the maximum allowable sale quantity
of timber or the projected timber sale quantity under the
applicable forest plan in effect on the date of enactment
of this Act.
(3) LONG-TERM CONTRACTING FOR THE FOREST SERVICE.—
(A) LONG-TERM CONTRACTING.—For the period of fiscal
years 2025 through 2034, the Secretary shall enter into
not fewer than 40 long-term timber sale contracts with
private persons or other public or private entities under
subsection (a) of section 14 of the National Forest Manage-
ment Act of 1976 (16 U.S.C. 472a) for the sale of national
forest materials (as defined in subsection (e)(1) of that
section) in the National Forest System.
(B) CONTRACT LENGTH.—The period of a timber sale
contract entered into to meet the requirement under
subparagraph (A) shall be not less than 20 years, with
options for extensions or renewals, as determined by the
Secretary.
(C) RECEIPTS.—Any monies derived from a timber sale
contract entered into to meet the requirements under sub-
paragraphs (A) and (B) shall be deposited in the general
fund of the Treasury.
(b) BUREAU OF LAND MANAGEMENT.—
(1) DEFINITIONS.—In this subsection:
(A) PUBLIC LANDS.—The term ‘‘public lands’’ has the
meaning given the term in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(B) RESOURCE MANAGEMENT PLAN.—The term ‘‘resource
management plan’’ means a land use plan prepared for
public lands under section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712).
(C) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary of the Interior, acting through the Director of the
Bureau of Land Management.
(2) TIMBER SALES ON PUBLIC LANDS.—
(A) IN GENERAL.—For each of fiscal years 2026 through
2034, the Secretary shall sell timber annually on public
lands in a total quantity that is not less than 20,000,000
board-feet greater than the quantity of board-feet sold in
the previous fiscal year.
H. R. 1—77
(B) LIMITATION.—The timber sales under subparagraph
(A) shall be subject to the applicable resource management
plan in effect on the date of enactment of this Act.
(3) LONG-TERM CONTRACTING FOR THE BUREAU OF LAND
MANAGEMENT.—
(A) LONG-TERM CONTRACTING.—For the period of fiscal
years 2025 through 2034, the Secretary shall enter into
not fewer than 5 long-term contracts with private persons
or other public or private entities under section 1 of the
Act of July 31, 1947 (commonly known as the ‘‘Materials
Act of 1947’’) (61 Stat. 681, chapter 406; 30 U.S.C. 601),
for the disposal of vegetative materials described in that
section on public lands.
(B) CONTRACT
LENGTH.—The period of a contract
entered into to meet the requirement under subparagraph
(A) shall be not less than 20 years, with options for exten-
sions or renewals, as determined by the Secretary.
(C) RECEIPTS.—Any monies derived from a contract
entered into to meet the requirements under subpara-
graphs (A) and (B) shall be deposited in the general fund
of the Treasury.
SEC. 50302. RENEWABLE ENERGY FEES ON FEDERAL LAND.
(a) DEFINITIONS.—In this section:
(1) ANNUAL
ADJUSTMENT
FACTOR.—The term ‘‘Annual
Adjustment Factor’’ means 3 percent.
(2) ENCUMBRANCE
FACTOR.—The term ‘‘Encumbrance
Factor’’ means—
(A) 100 percent for a solar energy generation facility;
and
(B) an amount determined by the Secretary, but not
less than 10 percent for a wind energy generation facility.
(3) NATIONAL FOREST SYSTEM.—
(A) IN GENERAL.—The term ‘‘National Forest System’’
means land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)))
administered by the Secretary of Agriculture.
(B) EXCLUSION.—The term ‘‘National Forest System’’
does not include any forest reserve not created from the
public domain.
(4) PER-ACRE
RATE.—The term ‘‘Per-Acre Rate’’, with
respect to a right-of-way, means the average of the per-acre
pastureland rental rates published in the Cash Rents Survey
by the National Agricultural Statistics Service for the State
in which the right-of-way is located over the 5 calendar-year
period preceding the issuance or renewal of the right-of-way.
(5) PROJECT.—The term ‘‘project’’ means a system described
in section 2801.9(a)(4) of title 43, Code of Federal Regulations
(as in effect on the date of enactment of this Act).
(6) PUBLIC LAND.—The term ‘‘public land’’ means—
(A) public lands (as defined in section 103 of the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C.
1702)); and
(B) National Forest System land.
H. R. 1—78
(7) RENEWABLE ENERGY PROJECT.—The term ‘‘renewable
energy project’’ means a project located on public land that
uses wind or solar energy to generate energy.
(8) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ has the
meaning given the term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702).
(9) SECRETARY.—The term ‘‘Secretary’’ means—
(A) the Secretary of the Interior, with respect to land
controlled or administered by the Secretary of the Interior;
and
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(b) ACREAGE RENT FOR WIND AND SOLAR RIGHTS-OF-WAY.—
(1) IN GENERAL.—Pursuant to section 504(g) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)),
the Secretary shall, subject to paragraph (3) and not later
than January 1 of each calendar year, collect from the holder
of a right-of-way for a renewable energy project an acreage
rent in an amount determined by the equation described in
paragraph (2).
(2) CALCULATION OF ACREAGE RENT RATE.—
(A) EQUATION.—The amount of an acreage rent col-
lected under paragraph (1) shall be determined using the
following equation: Acreage rent = A × B × ((1 + C)D)).
(B) DEFINITIONS.—For purposes of the equation
described in subparagraph (A):
(i) The letter ‘‘A’’ means the Per-Acre Rate.
(ii) The letter ‘‘B’’ means the Encumbrance Factor.
(iii) The letter ‘‘C’’ means the Annual Adjustment
Factor.
(iv) The letter ‘‘D’’ means the year in the term
of the right-of-way.
(3) PAYMENT UNTIL PRODUCTION.—The holder of a right-
of-way for a renewable energy project shall pay an acreage
rent collected under paragraph (1) until the date on which
energy generation begins.
(c) CAPACITY FEES.—
(1) IN GENERAL.—The Secretary shall, subject to paragraph
(3), annually collect a capacity fee from the holder of a right-
of-way for a renewable energy project based on the amount
described in paragraph (2).
(2) CALCULATION
OF
CAPACITY
FEE.—The amount of a
capacity fee collected under paragraph (1) shall be equal to
the greater of—
(A) an amount equal to the acreage rent described
in subsection (b); and
(B) 3.9 percent of the gross proceeds from the sale
of electricity produced by the renewable energy project.
(3) MULTIPLE-USE REDUCTION FACTOR.—
(A) APPLICATION.—The holder of a right-of-way for a
wind energy generation project may request that the Sec-
retary apply a multiple-use reduction factor of 10-percent
to the amount of a capacity fee determined under para-
graph (2) by submitting to the Secretary an application
at such time, in such manner, and containing such informa-
tion as the Secretary may require.
H. R. 1—79
(B) APPROVAL.—The Secretary may approve an applica-
tion submitted under subparagraph (A) only if not less
than 25 percent of the land within the area of the right-
of-way is authorized for use, occupancy, or development
with respect to an activity other than the generation of
wind energy for the entirety of the year in which the
capacity fee is collected.
(C) LATE DETERMINATION.—
(i) IN
GENERAL.—If the Secretary approves an
application under subparagraph (B) for a wind energy
generation project after the date on which the holder
of the right-of-way for the project begins paying a
capacity fee, the Secretary shall apply the multiple-
use reduction factor described in subparagraph (A) to
the capacity fee for the first year beginning after the
date of approval and each year thereafter for the period
during which the right-of-way remains in effect.
(ii) REFUND.—The Secretary may not refund the
holder of a right-of-way for the difference in the amount
of a capacity fee paid in a previous year.
(d) LATE PAYMENT FEE; TERMINATION.—
(1) IN
GENERAL.—The Secretary may charge the holder
of a right-of-way for a renewable energy project a late payment
fee if the Secretary does not receive payment for the acreage
rent under subsection (b) or the capacity fee under subsection
(c) by the date that is 15 days after the date on which the
payment was due.
(2) TERMINATION
OF
RIGHT-OF-WAY.—The Secretary may
terminate a right-of-way for a renewable energy project if the
Secretary does not receive payment for the acreage rent under
subsection (b) or the capacity fee under subsection (c) by the
date that is 90 days after the date on which the payment
was due.
SEC. 50303. RENEWABLE ENERGY REVENUE SHARING.
(a) DEFINITIONS.—In this section:
(1) COUNTY.—The term ‘‘county’’ includes a parish, town-
ship, borough, and any other similar, independent unit of local
government.
(2) COVERED LAND.—The term ‘‘covered land’’ means land
that is—
(A) public land administered by the Secretary; and
(B) not excluded from the development of solar or
wind energy under—
(i) a land use plan; or
(ii) other Federal law.
(3) NATIONAL FOREST SYSTEM.—
(A) IN GENERAL.—The term ‘‘National Forest System’’
means land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)))
administered by the Secretary of Agriculture.
(B) EXCLUSION.—The term ‘‘National Forest System’’
does not include any forest reserve not created from the
public domain.
(4) PUBLIC LAND.—The term ‘‘public land’’ means—
H. R. 1—80
(A) public lands (as defined in section 103 of the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C.
1702)); and
(B) National Forest System land.
(5) RENEWABLE ENERGY PROJECT.—The term ‘‘renewable
energy project’’ means a system described in section 2801.9(a)(4)
of title 43, Code of Federal Regulations (as in effect on the
date of enactment of this Act), located on covered land that
uses wind or solar energy to generate energy.
(6) SECRETARY.—The term ‘‘Secretary’’ means—
(A) the Secretary of the Interior, with respect to land
controlled or administered by the Secretary of the Interior;
and
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(b) DISPOSITION OF REVENUE.—
(1) DISPOSITION OF REVENUES.—Beginning on January 1,
2026, the amounts collected from a renewable energy project
as bonus bids, rentals, fees, or other payments under a right-
of-way, permit, lease, or other authorization shall—
(A) be deposited in the general fund of the Treasury;
and
(B) without further appropriation or fiscal year limita-
tion, be allocated as follows:
(i) 25 percent shall be paid from amounts in the
general fund of the Treasury to the State within the
boundaries of which the revenue is derived.
(ii) 25 percent shall be paid from amounts in the
general fund of the Treasury to each county in a State
within the boundaries of which the revenue is derived,
to be allocated among each applicable county based
on the percentage of county land from which the rev-
enue is derived.
(2) PAYMENTS TO STATES AND COUNTIES.—
(A) IN GENERAL.—Amounts paid to States and counties
under paragraph (1) shall be used in accordance with the
requirements of section 35 of the Mineral Leasing Act
(30 U.S.C. 191).
(B) PAYMENTS
IN
LIEU
OF
TAXES.—A payment to a
county under paragraph (1) shall be in addition to a pay-
ment in lieu of taxes received by the county under chapter
69 of title 31, United States Code.
(C) TIMING.—The amounts required to be paid under
paragraph (1)(B) for an applicable fiscal year shall be made
available in the fiscal year that immediately follows the
fiscal year for which the amounts were collected.
SEC. 50304. RESCISSION OF NATIONAL PARK SERVICE AND BUREAU
OF LAND MANAGEMENT FUNDS.
There are rescinded the unobligated balances of amounts made
available by the following sections of Public Law 117–169 (com-
monly known as the ‘‘Inflation Reduction Act of 2022’’) (136 Stat.
1818):
(1) Section 50221 (136 Stat. 2052).
(2) Section 50222 (136 Stat. 2052).
(3) Section 50223 (136 Stat. 2052).
H. R. 1—81
SEC. 50305. CELEBRATING AMERICA’S 250TH ANNIVERSARY.
In addition to amounts otherwise available, there is appro-
priated to the Secretary of the Interior (acting through the Director
of the National Park Service) for fiscal year 2025, out of any
money in the Treasury not otherwise appropriated, $150,000,000
for events, celebrations, and activities surrounding the observance
and commemoration of the 250th anniversary of the founding of
the United States, to remain available through fiscal year 2028.
Subtitle D—Energy
SEC. 50401. STRATEGIC PETROLEUM RESERVE.
(a) ENERGY POLICY
AND CONSERVATION ACT DEFINITIONS.—
In this section, the terms ‘‘related facility’’, ‘‘storage facility’’, and
‘‘Strategic Petroleum Reserve’’ have the meanings given those terms
in section 152 of the Energy Policy and Conservation Act (42 U.S.C.
6232).
(b) APPROPRIATIONS.—In addition to amounts otherwise avail-
able, there is appropriated to the Department of Energy for fiscal
year 2025, out of any money in the Treasury not otherwise appro-
priated, to remain available until September 30, 2029—
(1) $218,000,000 for maintenance of, including repairs to,
storage facilities and related facilities of the Strategic Petro-
leum Reserve; and
(2) $171,000,000 to acquire, by purchase, petroleum prod-
ucts for storage in the Strategic Petroleum Reserve.
(c) REPEAL OF STRATEGIC PETROLEUM RESERVE DRAWDOWN AND
SALE MANDATE.—Section 20003 of Public Law 115–97 (42 U.S.C.
6241 note) is repealed.
SEC. 50402. REPEALS; RESCISSIONS.
(a) REPEAL AND RESCISSION.—Section 50142 of Public Law 117–
169 (136 Stat. 2044) (commonly known as the ‘‘Inflation Reduction
Act of 2022’’) is repealed and the unobligated balance of amounts
made available under that section (as in effect on the day before
the date of enactment of this Act) is rescinded.
(b) RESCISSIONS.—
(1) IN
GENERAL.—The unobligated balances of amounts
made available under the sections described in paragraph (2)
are rescinded.
(2) SECTIONS DESCRIBED.—The sections referred to in para-
graph (1) are the following sections of Public Law 117–169
(commonly known as the ‘‘Inflation Reduction Act of 2022’’):
(A) Section 50123 (42 U.S.C. 18795b).
(B) Section 50141 (136 Stat. 2042).
(C) Section 50144 (136 Stat. 2044).
(D) Section 50145 (136 Stat. 2045).
(E) Section 50151 (42 U.S.C. 18715).
(F) Section 50152 (42 U.S.C. 18715a).
(G) Section 50153 (42 U.S.C. 18715b).
(H) Section 50161 (42 U.S.C. 17113b).
SEC. 50403. ENERGY DOMINANCE FINANCING.
(a) IN GENERAL.—Section 1706 of the Energy Policy Act of
2005 (42 U.S.C. 16517) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘or’’ at the end;
H. R. 1—82
(B) in paragraph (2), by striking ‘‘avoid’’ and all that
follows through the period at the end and inserting
‘‘increase capacity or output; or’’; and
(C) by adding at the end the following:
‘‘(3) support or enable the provision of known or
forecastable electric supply at time intervals necessary to main-
tain or enhance grid reliability or other system adequacy
needs.’’;
(2) by striking subsection (c);
(3) by redesignating subsections (d) through (f) as sub-
sections (c) through (e), respectively;
(4) in subsection (c) (as so redesignated)—
(A) in paragraph (1), by adding ‘‘and’’ at the end;
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph (2);
(5) in subsection (e) (as so redesignated), by striking ‘‘for—
’’ in the matter preceding paragraph (1) and all that follows
through the period at the end of paragraph (2) and inserting
‘‘for enabling the identification, leasing, development, produc-
tion, processing, transportation, transmission, refining, and
generation needed for energy and critical minerals.’’; and
(6) by adding at the end the following:
‘‘(f) FUNDING.—
‘‘(1) IN GENERAL.—In addition to amounts otherwise avail-
able, there is appropriated to the Secretary for fiscal year
2025, out of any money in the Treasury not otherwise appro-
priated, $1,000,000,000, to remain available through September
30, 2028, to carry out activities under this section.
‘‘(2) ADMINISTRATIVE COSTS.—Of the amount made available
under paragraph (1), the Secretary shall use not more than
3 percent for administrative expenses.’’.
(b) COMMITMENT AUTHORITY.—Section 50144(b) of Public Law
117–169 (commonly known as the ‘‘Inflation Reduction Act of 2022’’)
(136 Stat. 2045) is amended by striking ‘‘2026’’ and inserting ‘‘2028’’.
SEC. 50404. TRANSFORMATIONAL ARTIFICIAL INTELLIGENCE MODELS.
(a) DEFINITIONS.—In this section:
(1) AMERICAN
SCIENCE
CLOUD.—The term ‘‘American
science cloud’’ means a system of United States government,
academic, and private sector programs and infrastructures uti-
lizing cloud computing technologies to facilitate and support
scientific research, data sharing, and computational analysis
across various disciplines while ensuring compliance with
applicable legal, regulatory, and privacy standards.
(2) ARTIFICIAL INTELLIGENCE.—The term ‘‘artificial intel-
ligence’’ has the meaning given the term in section 5002 of
the National Artificial Intelligence Initiative Act of 2020 (15
U.S.C. 9401).
(b) TRANSFORMATIONAL MODELS.—The Secretary of Energy
shall—
(1) mobilize National Laboratories to partner with industry
sectors within the United States to curate the scientific data
of the Department of Energy across the National Laboratory
complex so that the data is structured, cleaned, and
preprocessed in a way that makes it suitable for use in artificial
intelligence and machine learning models; and
H. R. 1—83
(2) initiate seed efforts for self-improving artificial intel-
ligence models for science and engineering powered by the
data described in paragraph (1).
(c) USES.—
(1) MICROELECTRONICS.—The curated data described in
subsection (b)(1) may be used to rapidly develop next-generation
microelectronics that have greater capabilities beyond Moore’s
law while requiring lower energy consumption.
(2) NEW ENERGY TECHNOLOGIES.—The artificial intelligence
models developed under subsection (b)(2) shall be provided
to the scientific community through the American science cloud
to accelerate innovation in discovery science and engineering
for new energy technologies.
(d) APPROPRIATIONS.—There is appropriated, out of any funds
in the Treasury not otherwise appropriated, $150,000,000, to remain
available through September 30, 2026, to carry out this section.
Subtitle E—Water
SEC. 50501. WATER CONVEYANCE AND SURFACE WATER STORAGE
ENHANCEMENT.
In addition to amounts otherwise available, there is appro-
priated to the Secretary of the Interior, acting through the Commis-
sioner of Reclamation, for fiscal year 2025, out of any funds in
the Treasury not otherwise appropriated, $1,000,000,000, to remain
available through September 30, 2034, for construction and associ-
ated activities that restore or increase the capacity or use of existing
conveyance facilities constructed by the Bureau of Reclamation
or for construction and associated activities that increase the
capacity of existing Bureau of Reclamation surface water storage
facilities, in a manner as determined by the Secretary of the
Interior, acting through the Commissioner of Reclamation: Provided,
That, for the purposes of section 203 of the Reclamation Reform
Act of 1982 (43 U.S.C. 390cc) or section 3404(a) of the Reclamation
Projects Authorization and Adjustment Act of 1992 (Public Law
102–575; 106 Stat. 4708), a contract or agreement entered into
pursuant to this section shall not be treated as a new or amended
contract: Provided further, That none of the funds provided under
this section shall be reimbursable or subject to matching or cost-
sharing requirements.
TITLE VI—COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
SEC. 60001. RESCISSION OF FUNDING FOR CLEAN HEAVY-DUTY
VEHICLES.
The unobligated balances of amounts made available to carry
out section 132 of the Clean Air Act (42 U.S.C. 7432) are rescinded.
SEC. 60002. REPEAL OF GREENHOUSE GAS REDUCTION FUND.
Section 134 of the Clean Air Act (42 U.S.C. 7434) is repealed
and the unobligated balances of amounts made available to carry
out that section (as in effect on the day before the date of enactment
of this Act) are rescinded.
H. R. 1—84
SEC. 60003. RESCISSION OF FUNDING FOR DIESEL EMISSIONS REDUC-
TIONS.
The unobligated balances of amounts made available to carry
out section 60104 of Public Law 117–169 (136 Stat. 2067) are
rescinded.
SEC. 60004. RESCISSION OF FUNDING TO ADDRESS AIR POLLUTION.
The unobligated balances of amounts made available to carry
out section 60105 of Public Law 117–169 (136 Stat. 2067) are
rescinded.
SEC. 60005. RESCISSION OF FUNDING TO ADDRESS AIR POLLUTION
AT SCHOOLS.
The unobligated balances of amounts made available to carry
out section 60106 of Public Law 117–169 (136 Stat. 2069) are
rescinded.
SEC. 60006. RESCISSION OF FUNDING FOR THE LOW EMISSIONS ELEC-
TRICITY PROGRAM.
The unobligated balances of amounts made available to carry
out section 135 of the Clean Air Act (42 U.S.C. 7435) are rescinded.
SEC. 60007. RESCISSION OF FUNDING FOR SECTION 211(O) OF THE
CLEAN AIR ACT.
The unobligated balances of amounts made available to carry
out section 60108 of Public Law 117–169 (136 Stat. 2070) are
rescinded.
SEC. 60008. RESCISSION OF FUNDING FOR IMPLEMENTATION OF THE
AMERICAN INNOVATION AND MANUFACTURING ACT.
The unobligated balances of amounts made available to carry
out section 60109 of Public Law 117–169 (136 Stat. 2071) are
rescinded.
SEC. 60009. RESCISSION OF FUNDING FOR ENFORCEMENT TECH-
NOLOGY AND PUBLIC INFORMATION.
The unobligated balances of amounts made available to carry
out section 60110 of Public Law 117–169 (136 Stat. 2071) are
rescinded.
SEC. 60010. RESCISSION OF FUNDING FOR GREENHOUSE GAS COR-
PORATE REPORTING.
The unobligated balances of amounts made available to carry
out section 60111 of Public Law 117–169 (136 Stat. 2072) are
rescinded.
SEC. 60011. RESCISSION OF FUNDING FOR ENVIRONMENTAL PRODUCT
DECLARATION ASSISTANCE.
The unobligated balances of amounts made available to carry
out section 60112 of Public Law 117–169 (42 U.S.C. 4321 note;
136 Stat. 2072) are rescinded.
SEC. 60012. RESCISSION OF FUNDING FOR METHANE EMISSIONS AND
WASTE REDUCTION INCENTIVE PROGRAM FOR PETRO-
LEUM AND NATURAL GAS SYSTEMS.
(a) RESCISSION.—The unobligated balances of amounts made
available to carry out subsections (a) and (b) of section 136 of
the Clean Air Act (42 U.S.C. 7436) are rescinded.
H. R. 1—85
(b) PERIOD.—Section 136(g) of the Clean Air Act (42 U.S.C.
7436(g)) is amended by striking ‘‘calendar year 2024’’ and inserting
‘‘calendar year 2034’’.
SEC. 60013. RESCISSION OF FUNDING FOR GREENHOUSE GAS AIR
POLLUTION PLANS AND IMPLEMENTATION GRANTS.
The unobligated balances of amounts made available to carry
out section 137 of the Clean Air Act (42 U.S.C. 7437) are rescinded.
SEC. 60014. RESCISSION OF FUNDING FOR ENVIRONMENTAL PROTEC-
TION AGENCY EFFICIENT, ACCURATE, AND TIMELY
REVIEWS.
The unobligated balances of amounts made available to carry
out section 60115 of Public Law 117–169 (136 Stat. 2077) are
rescinded.
SEC. 60015. RESCISSION OF FUNDING FOR LOW-EMBODIED CARBON
LABELING FOR CONSTRUCTION MATERIALS.
The unobligated balances of amounts made available to carry
out section 60116 of Public Law 117–169 (42 U.S.C. 4321 note;
136 Stat. 2077) are rescinded.
SEC. 60016. RESCISSION OF FUNDING FOR ENVIRONMENTAL AND CLI-
MATE JUSTICE BLOCK GRANTS.
The unobligated balances of amounts made available to carry
out section 138 of the Clean Air Act (42 U.S.C. 7438) are rescinded.
SEC. 60017. RESCISSION OF FUNDING FOR ESA RECOVERY PLANS.
The unobligated balances of amounts made available to carry
out section 60301 of Public Law 117–169 (136 Stat. 2079) are
rescinded.
SEC. 60018. RESCISSION OF FUNDING FOR ENVIRONMENTAL AND CLI-
MATE DATA COLLECTION.
The unobligated balances of amounts made available to carry
out section 60401 of Public Law 117–169 (136 Stat. 2079) are
rescinded.
SEC. 60019. RESCISSION OF NEIGHBORHOOD ACCESS AND EQUITY
GRANT PROGRAM.
The unobligated balances of amounts made available to carry
out section 177 of title 23, United States Code, are rescinded.
SEC. 60020. RESCISSION OF FUNDING FOR FEDERAL BUILDING ASSIST-
ANCE.
The unobligated balances of amounts made available to carry
out section 60502 of Public Law 117–169 (136 Stat. 2083) are
rescinded.
SEC. 60021. RESCISSION OF FUNDING FOR LOW-CARBON MATERIALS
FOR FEDERAL BUILDINGS.
The unobligated balances of amounts made available to carry
out section 60503 of Public Law 117–169 (136 Stat. 2083) are
rescinded.
SEC. 60022. RESCISSION OF FUNDING FOR GSA EMERGING AND
SUSTAINABLE TECHNOLOGIES.
The unobligated balances of amounts made available to carry
out section 60504 of Public Law 117–169 (136 Stat. 2083) are
rescinded.
H. R. 1—86
SEC. 60023. RESCISSION OF ENVIRONMENTAL REVIEW IMPLEMENTA-
TION FUNDS.
The unobligated balances of amounts made available to carry
out section 178 of title 23, United States Code, are rescinded.
SEC. 60024. RESCISSION OF LOW-CARBON TRANSPORTATION MATE-
RIALS GRANTS.
The unobligated balances of amounts made available to carry
out section 179 of title 23, United States Code, are rescinded.
SEC. 60025. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.
(a) IN GENERAL.—In addition to amounts otherwise available,
there is appropriated for fiscal year 2025, out of any money in
the Treasury not otherwise appropriated, $256,657,000, to remain
available until September 30, 2029, for necessary expenses for
capital repair, restoration, maintenance backlog, and security struc-
tures of the building and site of the John F. Kennedy Center
for the Performing Arts.
(b) ADMINISTRATIVE COSTS.—Of the amounts made available
under subsection (a), not more than 3 percent may be used for
administrative costs necessary to carry out this section.
SEC. 60026. PROJECT SPONSOR OPT-IN FEES FOR ENVIRONMENTAL
REVIEWS.
Title I of the National Environmental Policy Act of 1969 (42
U.S.C. 4331 et seq.) is amended by adding at the end the following:
‘‘SEC. 112. PROJECT SPONSOR OPT-IN FEES FOR ENVIRONMENTAL
REVIEWS.
‘‘(a) PROCESS.—
‘‘(1) PROJECT SPONSOR.—A project sponsor that intends to
pay a fee under this section for the preparation, or supervision
of the preparation, of an environmental assessment or environ-
mental impact statement for a project shall submit to the
Council—
‘‘(A) a description of the project; and
‘‘(B) a declaration of whether the project sponsor
intends to prepare the environmental assessment or
environmental impact statement under section 107(f).
‘‘(2) COUNCIL ON ENVIRONMENTAL QUALITY.—Not later than
15 days after the date on which the Council receives information
described in paragraph (1) from a project sponsor, the Council
shall provide to the project sponsor notice of the amount of
the fee to be paid under this section, as determined under
subsection (b).
‘‘(3) PAYMENT OF FEE.—A project sponsor may pay a fee
under this section after receipt of the notice described in para-
graph (2).
‘‘(4) DEADLINE FOR ENVIRONMENTAL REVIEWS FOR WHICH
A FEE IS PAID.—Notwithstanding section 107(g)(1)—
‘‘(A) an environmental assessment for which a fee is
paid under this section shall be completed not later than
180 days after the date on which the fee is paid; and
‘‘(B) an environmental impact statement for which a
fee is paid under this section shall be completed not later
than 1 year after the date of publication of the notice
of intent to prepare the environmental impact statement.
H. R. 1—87
‘‘(b) FEE AMOUNT.—The amount of a fee under this section
shall be—
‘‘(1) 125 percent of the anticipated costs to prepare the
environmental assessment or environmental impact statement;
and
‘‘(2) in the case of an environmental assessment or environ-
mental impact statement to be prepared in whole or in part
by a project sponsor under section 107(f), 125 percent of the
anticipated costs to supervise preparation of, and, as applicable,
prepare, the environmental assessment or environmental
impact statement.’’.
TITLE VII—FINANCE
Subtitle A—Tax
SEC. 70001. REFERENCES TO THE INTERNAL REVENUE CODE OF 1986,
ETC.
(a) REFERENCES.—Except as otherwise expressly provided,
whenever in this title, an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(b) CERTAIN RULES REGARDING EFFECT OF RATE CHANGES NOT
APPLICABLE.—Section 15 of the Internal Revenue Code of 1986
shall not apply to any change in rate of tax by reason of any
provision of, or amendment made by, this title.
CHAPTER 1—PROVIDING PERMANENT TAX RELIEF FOR
MIDDLE-CLASS FAMILIES AND WORKERS
SEC. 70101. EXTENSION AND ENHANCEMENT OF REDUCED RATES.
(a) IN GENERAL.—Section 1(j) is amended—
(1) in paragraph (1), by striking ‘‘, and before January
1, 2026’’, and
(2) by striking ‘‘2018 THROUGH 2025’’ in the heading and
inserting ‘‘BEGINNING AFTER 2017’’.
(b) INFLATION ADJUSTMENT.—Section 1(j)(3)(B)(i) is amended
by inserting ‘‘solely for purposes of determining the dollar amounts
at which any rate bracket higher than 12 percent ends and at
which any rate bracket higher than 22 percent begins,’’ before
‘‘subsection (f)(3)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC.
70102.
EXTENSION
AND
ENHANCEMENT
OF
INCREASED
STANDARD DEDUCTION.
(a) IN GENERAL.—Section 63(c)(7) is amended—
(1) by striking ‘‘, and before January 1, 2026’’ in the matter
preceding subparagraph (A), and
(2) by striking ‘‘2018 THROUGH 2025’’ in the heading and
inserting ‘‘BEGINNING AFTER 2017’’.
(b) ADDITIONAL INCREASE
IN STANDARD DEDUCTION.—Para-
graph (7) of section 63(c) is amended—
(1) by striking ‘‘$18,000’’ both places it appears in subpara-
graphs (A)(i) and (B)(ii) and inserting ‘‘$23,625’’,
H. R. 1—88
(2) by striking ‘‘$12,000’’ both places it appears in subpara-
graphs (A)(ii) and (B)(ii) and inserting ‘‘$15,750’’,
(3) by striking ‘‘2018’’ in subparagraph (B)(ii) and inserting
‘‘2025’’, and
(4) by striking ‘‘2017’’ in subparagraph (B)(ii)(II) and
inserting ‘‘2024’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2024.
SEC. 70103. TERMINATION OF DEDUCTION FOR PERSONAL EXEMP-
TIONS OTHER THAN TEMPORARY SENIOR DEDUCTION.
(a) IN GENERAL.—Section 151(d)(5) is amended—
(1) by striking ‘‘2018 THROUGH 2025’’ in the heading and
inserting ‘‘BEGINNING AFTER 2017’’,
(2) by striking ‘‘, and before January 1, 2026’’, and
(3) by adding at the end the following new subparagraph:
‘‘(C) DEDUCTION FOR SENIORS.—
‘‘(i) IN GENERAL.—In the case of a taxable year
beginning before January 1, 2029, there shall be
allowed a deduction in an amount equal to $6,000
for each qualified individual with respect to the tax-
payer.
‘‘(ii) QUALIFIED
INDIVIDUAL.—For purposes of
clause (i), the term ‘qualified individual’ means—
‘‘(I) the taxpayer, if the taxpayer has attained
age 65 before the close of the taxable year, and
‘‘(II) in the case of a joint return, the taxpayer’s
spouse, if such spouse has attained age 65 before
the close of the taxable year.
‘‘(iii) LIMITATION
BASED
ON
MODIFIED
ADJUSTED
GROSS INCOME.—
‘‘(I) IN GENERAL.—In the case of any taxpayer
for any taxable year, the $6,000 amount in clause
(i) shall be reduced (but not below zero) by 6
percent of so much of the taxpayer’s modified
adjusted
gross
income
as
exceeds
$75,000
($150,000 in the case of a joint return).
‘‘(II) MODIFIED ADJUSTED GROSS INCOME.—For
purposes of this clause, the term ‘modified adjusted
gross income’ means the adjusted gross income
of the taxpayer for the taxable year increased by
any amount excluded from gross income under
section 911, 931, or 933.
‘‘(iv) SOCIAL SECURITY NUMBER REQUIRED.—
‘‘(I) IN GENERAL.—Clause (i) shall not apply
with respect to a qualified individual unless the
taxpayer includes such qualified individual’s social
security number on the return of tax for the tax-
able year.
‘‘(II) SOCIAL SECURITY NUMBER.—For purposes
of subclause (I), the term ‘social security number’
has the meaning given such term in section
24(h)(7).
‘‘(v) MARRIED INDIVIDUALS.—If the taxpayer is a
married individual (within the meaning of section
H. R. 1—89
7703), this subparagraph shall apply only if the tax-
payer and the taxpayer’s spouse file a joint return
for the taxable year.’’.
(b) OMISSION OF CORRECT SOCIAL SECURITY NUMBER TREATED
AS MATHEMATICAL
OR CLERICAL ERROR.—Section 6213(g)(2) is
amended by striking ‘‘and’’ at the end of subparagraph (U), by
striking the period at the end of subparagraph (V) and inserting
‘‘, and’’, and by inserting after subparagraph (V) the following
new subparagraph:
‘‘(W) an omission of a correct social security number
required under section 151(d)(5)(C) (relating to deduction
for seniors).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2024.
SEC. 70104. EXTENSION AND ENHANCEMENT OF INCREASED CHILD
TAX CREDIT.
(a) EXTENSION
AND
INCREASE
OF
EXPANDED
CHILD
TAX
CREDIT.—Section 24(h) is amended—
(1) in paragraph (1), by striking ‘‘, and before January
1, 2026’’,
(2) in paragraph (2), by striking ‘‘$2,000’’ and inserting
‘‘$2,200’’, and
(3) by striking ‘‘2018 THROUGH 2025’’ in the heading and
inserting ‘‘BEGINNING AFTER 2017’’.
(b) SOCIAL SECURITY NUMBER REQUIRED.—Section 24(h)(7) is
amended to read as follows:
‘‘(7) SOCIAL SECURITY NUMBER REQUIRED.—
‘‘(A) IN GENERAL.—No credit shall be allowed under
this section to a taxpayer with respect to any qualifying
child unless the taxpayer includes on the return of tax
for the taxable year—
‘‘(i) the taxpayer’s social security number (or, in
the case of a joint return, the social security number
of at least 1 spouse), and
‘‘(ii) the social security number of such qualifying
child.
‘‘(B) SOCIAL SECURITY NUMBER.—For purposes of this
paragraph, the term ‘social security number’ means a social
security number issued to an individual by the Social Secu-
rity Administration, but only if the social security number
is issued—
‘‘(i) to a citizen of the United States or pursuant
to subclause (I) (or that portion of subclause (III) that
relates to subclause (I)) of section 205(c)(2)(B)(i) of
the Social Security Act, and
‘‘(ii) before the due date for such return.’’.
(c) INFLATION ADJUSTMENTS.—Section 24(i) is amended to read
as follows:
‘‘(i) INFLATION ADJUSTMENTS.—
‘‘(1) MAXIMUM AMOUNT OF REFUNDABLE CREDIT.—In the
case of a taxable year beginning after 2024, the $1,400 amount
in subsection (h)(5) shall be increased by an amount equal
to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
H. R. 1—90
year begins, determined by substituting ‘2017’ for ‘2016’
in subparagraph (A)(ii) thereof.
‘‘(2) SPECIAL RULE FOR ADJUSTMENT OF CREDIT AMOUNT.—
In the case of a taxable year beginning after 2025, the $2,200
amount in subsection (h)(2) shall be increased by an amount
equal to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting ‘2024’ for ‘2016’
in subparagraph (A)(ii) thereof.
‘‘(3) ROUNDING.—If any increase under this subsection is
not a multiple of $100, such increase shall be rounded to
the next lowest multiple of $100.’’.
(d) CONFORMING AMENDMENT.—Section 24(h)(5) is amended to
read as follows:
‘‘(5) MAXIMUM
AMOUNT
OF
REFUNDABLE
CREDIT.—The
amount determined under subsection (d)(1)(A) with respect to
any qualifying child shall not exceed $1,400, and such sub-
section shall be applied without regard to paragraph (4) of
this subsection.’’.
(e) OMISSION OF CORRECT SOCIAL SECURITY NUMBER TREATED
AS MATHEMATICAL OR CLERICAL ERROR.—Section 6213(g)(2)(I) is
amended by striking ‘‘section 24(e)’’ and inserting ‘‘section 24’’.
(f) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2024.
SEC. 70105. EXTENSION AND ENHANCEMENT OF DEDUCTION FOR
QUALIFIED BUSINESS INCOME.
(a) INCREASE
IN
TAXABLE
INCOME
LIMITATION
PHASE-IN
AMOUNTS.—
(1) IN GENERAL.—Subparagraph (B) of section 199A(b)(3)
is amended by striking ‘‘$50,000 ($100,000 in the case of a
joint return)’’ each place it appears and inserting ‘‘$75,000
($150,000 in the case of a joint return)’’.
(2) CONFORMING
AMENDMENT.—Paragraph (3) of section
199A(d) is amended by striking ‘‘$50,000 ($100,000 in the case
of a joint return)’’ each place it appears and inserting ‘‘$75,000
($150,000 in the case of a joint return)’’.
(b) MINIMUM DEDUCTION
FOR ACTIVE QUALIFIED BUSINESS
INCOME.—
(1) IN GENERAL.—Subsection (i) of section 199A is amended
to read as follows:
‘‘(i) MINIMUM DEDUCTION
FOR ACTIVE QUALIFIED BUSINESS
INCOME.—
‘‘(1) IN GENERAL.—In the case of an applicable taxpayer
for any taxable year, the deduction allowed under subsection
(a) for the taxable year shall be equal to the greater of—
‘‘(A) the amount of such deduction determined without
regard to this subsection, or
‘‘(B) $400.
‘‘(2) APPLICABLE
TAXPAYER.—For purposes of this sub-
section—
‘‘(A) IN
GENERAL.—The term ‘applicable taxpayer’
means, with respect to any taxable year, a taxpayer whose
aggregate qualified business income with respect to all
H. R. 1—91
active qualified trades or businesses of the taxpayer for
such taxable year is at least $1,000.
‘‘(B) ACTIVE QUALIFIED TRADE OR BUSINESS.—The term
‘active qualified trade or business’ means, with respect
to any taxpayer for any taxable year, any qualified trade
or business of the taxpayer in which the taxpayer materi-
ally participates (within the meaning of section 469(h)).
‘‘(3) INFLATION ADJUSTMENT.—In the case of any taxable
year beginning after 2026, the $400 amount in paragraph (1)(B)
and the $1,000 amount in paragraph (2)(A) shall each be
increased by an amount equal to —
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting ‘calendar year
2025’ for ‘calendar year 2016’ in subparagraph (A)(ii)
thereof.
If any increase under this paragraph is not a multiple of
$5, such increase shall be rounded to the nearest multiple
of $5.’’.
(2) CONFORMING AMENDMENT.—Section 199A(a) is amended
by inserting ‘‘except as provided in subsection (i),’’ before
‘‘there’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70106. EXTENSION AND ENHANCEMENT OF INCREASED ESTATE
AND GIFT TAX EXEMPTION AMOUNTS.
(a) IN GENERAL.—Section 2010(c)(3) is amended—
(1) in subparagraph (A) by striking ‘‘$5,000,000’’ and
inserting ‘‘$15,000,000’’,
(2) in subparagraph (B)—
(A) in the matter preceding clause (i), by striking
‘‘2011’’ and inserting ‘‘2026’’, and
(B) in clause (ii), by striking ‘‘calendar year 2010’’
and inserting ‘‘calendar year 2025’’, and
(3) by striking subparagraph (C).
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to estates of decedents dying and gifts made after
December 31, 2025.
SEC. 70107. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX
EXEMPTION AMOUNTS AND MODIFICATION OF PHASE-
OUT THRESHOLDS.
(a) IN GENERAL.—Section 55(d)(4) is amended—
(1) in subparagraph (A), by striking ‘‘, and before January
1, 2026’’, and
(2) by striking ‘‘AND BEFORE 2026’’ in the heading.
(b)
MODIFICATION
OF
INFLATION
ADJUSTMENT.—Section
55(d)(4)(B) is amended—
(1) by striking ‘‘2018’’ and inserting ‘‘2018 (2026, in the
case of the $1,000,000 amount in subparagraph (A)(ii)(I))’’, and
(2) by striking ‘‘determined by substituting ‘calendar year
2017’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.’’
and inserting ‘‘determined by substituting for ‘calendar year
2016’ in subparagraph (A)(ii) thereof—
H. R. 1—92
‘‘(1) ‘calendar year 2017’, in the case of the $109,400 amount
in subparagraph (A)(i)(I) and the $70,300 amount in subpara-
graph (A)(i)(II), and
‘‘(2) ‘calendar year 2025’, in the case of the $1,000,000
amount in subparagraph (A)(ii)(I).’’.
(c)
MODIFICATION
OF
PHASEOUT
AMOUNT.—Section
55(d)(4)(A)(ii) is amended by striking ‘‘and’’ at the end of subclause
(II), and by adding at the end the following new subclause:
‘‘(IV) by substituting ‘50 percent’ for ‘25 per-
cent’, and’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70108. EXTENSION AND MODIFICATION OF LIMITATION ON
DEDUCTION FOR QUALIFIED RESIDENCE INTEREST.
(a) IN GENERAL.—Section 163(h)(3)(F) is amended—
(1) in clause (i)—
(A) by striking ‘‘, and before January 1, 2026’’,
(B) by redesignating subclauses (III) and (IV) as sub-
clauses (IV) and (V), respectively,
(C) by striking ‘‘subclause (III)’’ in subclause (V), as
so redesignated, and inserting ‘‘subclause (IV)’’, and
(D) by inserting after subclause (II) the following new
subclause:
‘‘(III)
MORTGAGE
INSURANCE
PREMIUMS
TREATED
AS
INTEREST.—Clause (iv) of subpara-
graph (E) shall not apply.’’,
(2) by striking clause (ii) and redesignating clauses (iii)
and (iv) as clauses (ii) and (iii), respectively, and
(3) by striking ‘‘2018 THROUGH 2025’’ in the heading and
inserting ‘‘BEGINNING AFTER 2017’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70109. EXTENSION AND MODIFICATION OF LIMITATION ON CAS-
UALTY LOSS DEDUCTION.
(a) IN GENERAL.—Section 165(h)(5) is amended—
(1) in subparagraph (A), by striking ‘‘, and before January
1, 2026’’, and
(2) by striking ‘‘2018 THROUGH 2025’’ in the heading and
inserting ‘‘BEGINNING AFTER 2017’’.
(b) EXTENSION TO STATE DECLARED DISASTERS.—
(1) IN GENERAL.—Subparagraph (A) of section 165(h)(5),
as amended by subsection (a), is further amended by striking
‘‘(i)(5))’’ and inserting ‘‘(i)(5)) or a State declared disaster’’.
(2) EXCEPTION RELATED TO PERSONAL CASUALTY GAINS.—
Clause (i) of section 165(h)(5)(B) is amended by striking ‘‘(as
so defined)’’ and inserting ‘‘(as so defined) or a State declared
disaster’’.
(3) STATE DECLARED DISASTER.—Paragraph (5) of section
165(h) is amended by adding at the end the following new
subparagraph:
‘‘(C) STATE DECLARED DISASTER.—For purposes of this
paragraph—
‘‘(i) IN GENERAL.—The term ‘State declared dis-
aster’ means, with respect to any State, any natural
catastrophe (including any hurricane, tornado, storm,
high water, wind-driven water, tidal wave, tsunami,
H. R. 1—93
earthquake, volcanic eruption, landslide, mudslide,
snowstorm, or drought), or, regardless of cause, any
fire, flood, or explosion, in any part of the State, which
in the determination of the Governor of such State
(or the Mayor, in the case of the District of Columbia)
and the Secretary causes damage of sufficient severity
and magnitude to warrant the application of the rules
of this section.
‘‘(ii) STATE.—The term ‘State’ includes the District
of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70110. TERMINATION OF MISCELLANEOUS ITEMIZED DEDUC-
TIONS OTHER THAN EDUCATOR EXPENSES.
(a) IN GENERAL.—Section 67(g) is amended—
(1) by striking ‘‘, and before January 1, 2026’’, and
(2) by striking ‘‘2018 THROUGH 2025’’ in the heading and
inserting ‘‘BEGINNING AFTER 2017’’.
(b) DEDUCTION FOR EDUCATOR EXPENSES.—
(1) IN
GENERAL.—Section 67(b) is amended by striking
‘‘and’’ at the end of paragraph (11), by striking the period
at the end of paragraph (12) and inserting ‘‘, and’’, and by
adding at the end the following new paragraph:
‘‘(13) the deductions allowed by section 162 for educator
expenses (as defined in subsection (g)).’’.
(2) INCLUSION
OF
COACHES
AND
CERTAIN
NONATHLETIC
INSTRUCTIONAL EQUIPMENT.—Section 67 is amended by redesig-
nating subsection (g), as amended by this section, as subsection
(h), and by inserting after subsection (f) the following new
section:
‘‘(g) EDUCATOR EXPENSES.—For purposes of subsection (b)(13),
the term ‘educator expenses’ means expenses of a type which would
be described in section 62(a)(2)(D) if—
‘‘(1) such section were applied—
‘‘(A) without regard to the dollar limitation,
‘‘(B) without regard to ‘(other than nonathletic supplies
for courses of instruction in health or physical education)’
in clause (ii) thereof, and
‘‘(C) by substituting ‘as part of instructional activity’
for ‘in the classroom’ in clause (ii) thereof, and
‘‘(2) section 62(d)(1)(A) were applied by inserting ‘, inter-
scholastic sports administrator or coach,’ after ‘counselor’.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70111. LIMITATION ON TAX BENEFIT OF ITEMIZED DEDUCTIONS.
(a) IN GENERAL.—Section 68 is amended to read as follows:
‘‘(a) IN GENERAL.—In the case of an individual, the amount
of the itemized deductions otherwise allowable for the taxable year
(determined without regard to this section) shall be reduced by
2⁄37 of the lesser of—
‘‘(1) such amount of itemized deductions, or
‘‘(2) so much of the taxable income of the taxpayer for
the taxable year (determined without regard to this section
and increased by such amount of itemized deductions) as
H. R. 1—94
exceeds the dollar amount at which the 37 percent rate bracket
under section 1 begins with respect to the taxpayer.
‘‘(b) COORDINATION WITH OTHER LIMITATIONS.—This section
shall be applied after the application of any other limitation on
the allowance of any itemized deduction.’’.
(b) LIMITATION NOT APPLICABLE TO DETERMINATION OF DEDUC-
TION FOR QUALIFIED BUSINESS INCOME.—
(1) IN
GENERAL.—Section 199A(e)(1) is amended by
inserting ‘‘without regard to section 68 and’’ after ‘‘shall be
computed’’.
(2) PATRONS
OF
SPECIFIED
AGRICULTURAL
AND
HORTI-
CULTURAL COOPERATIVES.—Section 199A(g)(2)(B) is amended by
inserting ‘‘section 68 or’’ after ‘‘without regard to’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70112. EXTENSION AND MODIFICATION OF QUALIFIED TRANSPOR-
TATION FRINGE BENEFITS.
(a) IN GENERAL.—Section 132(f) is amended—
(1) by striking subparagraph (D) of paragraph (1),
(2) in paragraph (2), by inserting ‘‘and’’ at the end of
subparagraph (A), by striking ‘‘, and’’ at the end of subpara-
graph (B) and inserting a period, and by striking subparagraph
(C),
(3) by striking ‘‘(other than a qualified bicycle commuting
reimbursement)’’ in paragraph (4),
(4) by striking subparagraph (F) of paragraph (5), and
(5) by striking paragraph (8).
(b) INFLATION ADJUSTMENT.—Clause (ii) of section 132(f)(6)(A)
is amended by striking ‘‘1998’’ in clause (ii) and inserting ‘‘1997’’.
(c)
COORDINATION
WITH
DISALLOWANCE
OF
CERTAIN
EXPENSES.—Subsection (l) of section 274 is amended—
(1) by striking ‘‘BENEFITS.—’’ and all that follows through
‘‘No deduction’’ and inserting ‘‘BENEFITS.—No deduction’’, and
(2) by striking paragraph (2).
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70113. EXTENSION AND MODIFICATION OF LIMITATION ON
DEDUCTION AND EXCLUSION FOR MOVING EXPENSES.
(a) EXTENSION OF LIMITATION ON DEDUCTION.—Section 217(k)
is amended—
(1) by striking ‘‘, and before January 1, 2026’’, and
(2) by striking ‘‘2018 THROUGH 2025’’ in the heading and
inserting ‘‘BEGINNING AFTER 2017’’.
(b) ALLOWANCE OF DEDUCTION FOR MEMBERS OF THE INTEL-
LIGENCE COMMUNITY.—Section 217(k), as amended by subsection
(a), is further amended—
(1) by striking ‘‘2017.—Except in the case’’ and inserting
‘‘2017.—
‘‘(1) IN GENERAL.—Except in the case’’, and
(2) by adding at the end the following new paragraph:
‘‘(2) MEMBERS
OF
THE
INTELLIGENCE
COMMUNITY.—An
employee or new appointee of the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)) (other than a member of the Armed Forces of
the United States) who moves pursuant to a change in assign-
ment which requires relocation shall be treated for purposes
H. R. 1—95
of this section in the same manner as an individual to whom
subsection (g) applies.’’.
(c) EXTENSION OF LIMITATION ON EXCLUSION.—Section 132(g)(2)
is amended—
(1) by striking ‘‘, and before January 1, 2026’’, and
(2) by striking ‘‘2018 THROUGH 2025’’ in the heading and
inserting ‘‘BEGINNING AFTER 2017’’.
(d) ALLOWANCE OF EXCLUSION FOR MEMBERS OF THE INTEL-
LIGENCE COMMUNITY.—Section 132(g)(2) of the Internal Revenue
Code of 1986 is amended by inserting ‘‘, or an employee or new
appointee of the intelligence community (as defined in section 3
of the National Security Act of 1947 (50 U.S.C. 3003)) (other than
a member of the Armed Forces of the United States) who moves
pursuant to a change in assignment that requires relocation’’ after
‘‘change of station’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70114. EXTENSION AND MODIFICATION OF LIMITATION ON
WAGERING LOSSES.
(a) IN GENERAL.—Section 165 is amended by striking subsection
(d) and inserting the following:
‘‘(d) WAGERING LOSSES.—
‘‘(1) IN GENERAL.—For purposes of losses from wagering
transactions, the amount allowed as a deduction for any taxable
year—
‘‘(A) shall be equal to 90 percent of the amount of
such losses during such taxable year, and
‘‘(B) shall be allowed only to the extent of the gains
from such transactions during such taxable year.
‘‘(2) SPECIAL RULE.—For purposes of paragraph (1), the
term ‘losses from wagering transactions’ includes any deduction
otherwise allowable under this chapter incurred in carrying
on any wagering transaction.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70115. EXTENSION AND ENHANCEMENT OF INCREASED LIMITA-
TION ON CONTRIBUTIONS TO ABLE ACCOUNTS.
(a) IN GENERAL.—Section 529A(b)(2)(B) is amended—
(1) in clause (i), by inserting ‘‘(determined by substituting
‘1996’ for ‘1997’ in paragraph (2)(B) thereof)’’ after ‘‘section
2503(b)’’, and
(2) in clause (ii), by striking ‘‘before January 1, 2026’’.
(b) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as otherwise provided in this sub-
section, the amendments made by this section shall apply to
contributions made after December 31, 2025.
(2) MODIFIED
INFLATION
ADJUSTMENT.—The amendment
made by subsection (a)(1) shall apply to taxable years beginning
after December 31, 2025.
SEC. 70116. EXTENSION AND ENHANCEMENT OF SAVERS CREDIT
ALLOWED FOR ABLE CONTRIBUTIONS.
(a) EXTENSION.—
(1) IN
GENERAL.—Section 25B(d)(1) is amended to read
as follows:
H. R. 1—96
‘‘(1) IN GENERAL.—The term ‘qualified retirement savings
contributions’ means, with respect to any taxable year, the
sum of—
‘‘(A) the amount of contributions made by the eligible
individual during such taxable year to the ABLE account
(within the meaning of section 529A) of which such indi-
vidual is the designated beneficiary, and
‘‘(B) in the case of any taxable year beginning before
January 1, 2027—
‘‘(i) the amount of the qualified retirement con-
tributions (as defined in section 219(e)) made by the
eligible individual,
‘‘(ii) the amount of—
‘‘(I) any elective deferrals (as defined in section
402(g)(3)) of such individual, and
‘‘(II) any elective deferral of compensation by
such individual under an eligible deferred com-
pensation plan (as defined in section 457(b)) of
an
eligible
employer
described
in
section
457(e)(1)(A), and
‘‘(iii) the amount of voluntary employee contribu-
tions by such individual to any qualified retirement
plan (as defined in section 4974(c)).’’.
(2) COORDINATION WITH SECURE 2.0 ACT OF 2022 AMEND-
MENT.—Paragraph (1) of section 103(e) of the SECURE 2.0
Act of 2022 is repealed, and the Internal Revenue Code of
1986 shall be applied and administered as though such para-
graph were never enacted.
(3) EFFECTIVE DATE.—The amendments and repeal made
by this subsection shall apply to taxable years ending after
December 31, 2025.
(b) INCREASE OF CREDIT AMOUNT.—
(1) IN GENERAL.—Section 25B(a) is amended by striking
‘‘$2,000’’ and inserting ‘‘$2,100’’.
(2) EFFECTIVE DATE.—The amendment made by this sub-
section shall apply to taxable years beginning after December
31, 2026.
SEC. 70117. EXTENSION OF ROLLOVERS FROM QUALIFIED TUITION
PROGRAMS TO ABLE ACCOUNTS PERMITTED.
(a) IN GENERAL.—Section 529(c)(3)(C)(i)(III) is amended by
striking ‘‘before January 1, 2026,’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70118. EXTENSION OF TREATMENT OF CERTAIN INDIVIDUALS
PERFORMING SERVICES IN THE SINAI PENINSULA AND
ENHANCEMENT TO INCLUDE ADDITIONAL AREAS.
(a) TREATMENT MADE PERMANENT.—Section 11026(a) of Public
Law 115–97 is amended by striking ‘‘, with respect to the applicable
period’’.
(b) KENYA, MALI, BURKINA FASO, AND CHAD INCLUDED AS HAZ-
ARDOUS DUTY AREAS.—Section 11026(b) of Public Law 115–97 is
amended to read as follows:
‘‘(b) QUALIFIED HAZARDOUS DUTY AREA.—For purposes of this
section, the term ‘qualified hazardous duty area’ means each of
the following locations, but only during the period for which any
member of the Armed Forces of the United States is entitled to
H. R. 1—97
special pay under section 310 of title 37, United States Code
(relating to special pay; duty subject to hostile fire or imminent
danger), for services performed in such location:
‘‘(1) the Sinai Peninsula of Egypt.
‘‘(2) Kenya.
‘‘(3) Mali.
‘‘(4) Burkina Faso.
‘‘(5) Chad.’’.
(c) CONFORMING AMENDMENT.—Section 11026 of Public Law
115–97 is amended by striking subsections (c) and (d).
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2026.
SEC. 70119. EXTENSION AND MODIFICATION OF EXCLUSION FROM
GROSS INCOME OF STUDENT LOANS DISCHARGED ON
ACCOUNT OF DEATH OR DISABILITY.
(a) IN GENERAL.—Section 108(f)(5) is amended to read as fol-
lows:
‘‘(5) DISCHARGES ON ACCOUNT OF DEATH OR DISABILITY.—
‘‘(A) IN GENERAL.—In the case of an individual, gross
income does not include any amount which (but for this
subsection) would be includible in gross income for such
taxable year by reason of the discharge (in whole or in
part) of any loan described in subparagraph (B), if such
discharge was—
‘‘(i) pursuant to subsection (a) or (d) of section
437 of the Higher Education Act of 1965 or the parallel
benefit under part D of title IV of such Act (relating
to the repayment of loan liability),
‘‘(ii) pursuant to section 464(c)(1)(F) of such Act,
or
‘‘(iii) otherwise discharged on account of death or
total and permanent disability of the student.
‘‘(B) LOANS DISCHARGED.—A loan is described in this
subparagraph if such loan is—
‘‘(i) a student loan (as defined in paragraph (2)),
or
‘‘(ii) a private education loan (as defined in section
140(a) of the Consumer Credit Protection Act (15
U.S.C. 1650(a)).
‘‘(C) SOCIAL SECURITY NUMBER REQUIREMENT.—
‘‘(i) IN
GENERAL.—Subparagraph (A) shall not
apply with respect to any discharge during any taxable
year unless the taxpayer includes the taxpayer’s social
security number on the return of tax for such taxable
year.
‘‘(ii) SOCIAL SECURITY NUMBER.—For purposes of
this subparagraph, the term ‘social security number’
has the meaning given such term in section 24(h)(7).’’.
(b) OMISSION OF CORRECT SOCIAL SECURITY NUMBER TREATED
AS MATHEMATICAL
OR CLERICAL ERROR.—Section 6213(g)(2), as
amended by this Act, is further amended by striking ‘‘and’’ at
the end of subparagraph (V), by striking the period at the end
of subparagraph (W) and inserting ‘‘, and’’, and by inserting after
subparagraph (W) the following new subparagraph:
H. R. 1—98
‘‘(X) an omission of a correct social security number
required under section 108(f)(5)(C) (relating to discharges
on account of death or disability).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to discharges after December 31, 2025.
SEC. 70120. LIMITATION ON INDIVIDUAL DEDUCTIONS FOR CERTAIN
STATE AND LOCAL TAXES, ETC.
(a) IN GENERAL.—Section 164(b)(6) is amended—
(1) by striking ‘‘and before January 1, 2026’’, and
(2) by striking ‘‘$10,000 ($5,000 in the case of a married
individual filing a separate return)’’ and inserting ‘‘the
applicable limitation amount (half the applicable limitation
amount in the case of a married individual filing a separate
return)’’.
(b)
APPLICABLE
LIMITATION
AMOUNT.—Section
164(b)
is
amended by adding at the end the following new paragraph:
‘‘(7) APPLICABLE LIMITATION AMOUNT.—
‘‘(A) IN GENERAL.—For purposes of paragraph (6), the
term ‘applicable limitation amount’ means—
‘‘(i) in the case of any taxable year beginning in
calendar year 2025, $40,000,
‘‘(ii) in the case of any taxable year beginning
in calendar year 2026, $40,400,
‘‘(iii) in the case of any taxable year beginning
after calendar year 2026 and before 2030, 101 percent
of the dollar amount in effect under this subparagraph
for taxable years beginning in the preceding calendar
year, and
‘‘(iv) in the case of any taxable year beginning
after calendar year 2029, $10,000.
‘‘(B) PHASEDOWN BASED ON MODIFIED ADJUSTED GROSS
INCOME.—
‘‘(i) IN
GENERAL.—Except as provided in clause
(iii), in the case of any taxable year beginning before
January 1, 2030, the applicable limitation amount shall
be reduced by 30 percent of the excess (if any) of
the taxpayer’s modified adjusted gross income over
the threshold amount (half the threshold amount in
the case of a married individual filing a separate
return).
‘‘(ii) THRESHOLD
AMOUNT.—For purposes of this
subparagraph, the term ‘threshold amount’ means—
‘‘(I) in the case of any taxable year beginning
in calendar year 2025, $500,000,
‘‘(II) in the case of any taxable year beginning
in calendar year 2026, $505,000, and
‘‘(III) in the case of any taxable year beginning
after calendar year 2026, 101 percent of the dollar
amount in effect under this subparagraph for tax-
able years beginning in the preceding calendar
year.
‘‘(iii) LIMITATION
ON
REDUCTION.—The reduction
under clause (i) shall not result in the applicable limita-
tion amount being less than $10,000.
‘‘(iv) MODIFIED ADJUSTED GROSS INCOME.—For pur-
poses of this paragraph, the term ‘modified adjusted
H. R. 1—99
gross income’ means adjusted gross income increased
by any amount excluded from gross income under sec-
tion 911, 931, or 933.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2024.
CHAPTER 2—DELIVERING ON PRESIDENTIAL PRIOR-
ITIES TO PROVIDE NEW MIDDLE-CLASS TAX RELIEF
SEC. 70201. NO TAX ON TIPS.
(a) DEDUCTION ALLOWED.—Part VII of subchapter B of chapter
1 is amended by redesignating section 224 as section 225 and
by inserting after section 223 the following new section:
‘‘SEC. 224. QUALIFIED TIPS.
‘‘(a) IN GENERAL.—There shall be allowed as a deduction an
amount equal to the qualified tips received during the taxable
year that are included on statements furnished to the individual
pursuant to section 6041(d)(3), 6041A(e)(3), 6050W(f)(2), or
6051(a)(18), or reported by the taxpayer on Form 4137 (or suc-
cessor).
‘‘(b) LIMITATION.—
‘‘(1) IN
GENERAL.—The amount allowed as a deduction
under this section for any taxable year shall not exceed $25,000.
‘‘(2) LIMITATION BASED ON ADJUSTED GROSS INCOME.—
‘‘(A) IN GENERAL.—The amount allowable as a deduc-
tion under subsection (a) (after application of paragraph
(1)) shall be reduced (but not below zero) by $100 for
each $1,000 by which the taxpayer’s modified adjusted
gross income exceeds $150,000 ($300,000 in the case of
a joint return).
‘‘(B) MODIFIED ADJUSTED GROSS INCOME.—For purposes
of this paragraph, the term ‘modified adjusted gross income’
means the adjusted gross income of the taxpayer for the
taxable year increased by any amount excluded from gross
income under section 911, 931, or 933.
‘‘(c) TIPS RECEIVED IN COURSE OF TRADE OR BUSINESS.—In
the case of qualified tips received by an individual during any
taxable year in the course of a trade or business (other than
the trade or business of performing services as an employee) of
such individual, such qualified tips shall be taken into account
under subsection (a) only to the extent that the gross income for
the taxpayer from such trade or business for such taxable year
(including such qualified tips) exceeds the sum of the deductions
(other than the deduction allowed under this section) allocable
to the trade or business in which such qualified tips are received
by the individual for such taxable year.
‘‘(d) QUALIFIED TIPS.—For purposes of this section—
‘‘(1) IN
GENERAL.—The term ‘qualified tips’ means cash
tips received by an individual in an occupation which custom-
arily and regularly received tips on or before December 31,
2024, as provided by the Secretary.
‘‘(2) EXCLUSIONS.—Such term shall not include any amount
received by an individual unless—
‘‘(A) such amount is paid voluntarily without any con-
sequence in the event of nonpayment, is not the subject
of negotiation, and is determined by the payor,
H. R. 1—100
‘‘(B) the trade or business in the course of which the
individual receives such amount is not a specified service
trade or business (as defined in section 199A(d)(2)), and
‘‘(C) such other requirements as may be established
by the Secretary in regulations or other guidance are satis-
fied.
For purposes of subparagraph (B), in the case of an individual
receiving tips in the trade or business of performing services
as an employee, such individual shall be treated as receiving
tips in the course of a trade or business which is a specified
service trade or business if the trade or business of the employer
is a specified service trade or business.
‘‘(3) CASH TIPS.—For purposes of paragraph (1), the term
‘cash tips’ includes tips received from customers that are paid
in cash or charged and, in the case of an employee, tips received
under any tip-sharing arrangement.
‘‘(e) SOCIAL SECURITY NUMBER REQUIRED.—
‘‘(1) IN GENERAL.—No deduction shall be allowed under
this section unless the taxpayer includes on the return of tax
for the taxable year such individual’s social security number.
‘‘(2) SOCIAL SECURITY NUMBER DEFINED.—For purposes of
paragraph (1), the term ‘social security number’ shall have
the meaning given such term in section 24(h)(7).
‘‘(f) MARRIED INDIVIDUALS.—If the taxpayer is a married indi-
vidual (within the meaning of section 7703), this section shall
apply only if the taxpayer and the taxpayer’s spouse file a joint
return for the taxable year.
‘‘(g) REGULATIONS.—The Secretary shall prescribe such regula-
tions or other guidance as may be necessary to prevent reclassifica-
tion of income as qualified tips, including regulations or other
guidance to prevent abuse of the deduction allowed by this section.
‘‘(h) TERMINATION.—No deduction shall be allowed under this
section for any taxable year beginning after December 31, 2028.’’.
(b) DEDUCTION ALLOWED TO NON-ITEMIZERS.—Section 63(b) is
amended by striking ‘‘and’’ at the end of paragraph (3), by striking
the period at the end of paragraph (4) and inserting ‘‘, and’’, and
by adding at the end the following new paragraph:
‘‘(5) the deduction provided in section 224.’’.
(c) OMISSION OF CORRECT SOCIAL SECURITY NUMBER TREATED
AS MATHEMATICAL
OR CLERICAL ERROR.—Section 6213(g)(2), as
amended by the preceding provisions of this Act, is amended by
striking ‘‘and’’ at the end of subparagraph (W), by striking the
period at the end of subparagraph (X) and inserting ‘‘, and’’, and
by inserting after subparagraph (X) the following new subpara-
graph:
‘‘(Y) an omission of a correct social security number
required under section 224(e) (relating to deduction for
qualified tips).’’.
(d) EXCLUSION FROM QUALIFIED BUSINESS INCOME.—Section
199A(c)(4) is amended by striking ‘‘and’’ at the end of subparagraph
(B), by striking the period at the end of subparagraph (C) and
inserting ‘‘, and’’, and by adding at the end the following new
subparagraph:
‘‘(D) any amount with respect to which a deduction
is allowable to the taxpayer under section 224(a) for the
taxable year.’’.
(e) EXTENSION OF TIP CREDIT TO BEAUTY SERVICE BUSINESS.—
H. R. 1—101
(1) IN
GENERAL.—Section 45B(b)(2) is amended to read
as follows:
‘‘(2) APPLICATION ONLY TO CERTAIN LINES OF BUSINESS.—
In applying paragraph (1) there shall be taken into account
only tips received from customers or clients in connection with
the following services:
‘‘(A) The providing, delivering, or serving of food or
beverages for consumption, if the tipping of employees
delivering or serving food or beverages by customers is
customary.
‘‘(B) The providing of any of the following services
to a customer or client if the tipping of employees providing
such services is customary:
‘‘(i) Barbering and hair care.
‘‘(ii) Nail care.
‘‘(iii) Esthetics.
‘‘(iv) Body and spa treatments.’’.
(2) CREDIT DETERMINED WITH RESPECT TO MINIMUM WAGE
IN EFFECT.—Section 45B(b)(1)(B) is amended—
(A) by striking ‘‘as in effect on January 1, 2007, and’’,
and
(B) by inserting ‘‘, and in the case of food or beverage
establishments, as in effect on January 1, 2007’’ after ‘‘with-
out regard to section 3(m) of such Act’’.
(f) REPORTING REQUIREMENTS.—
(1) RETURNS FOR PAYMENTS MADE IN THE COURSE OF A
TRADE OR BUSINESS.—
(A) STATEMENT
FURNISHED
TO
SECRETARY.—Section
6041(a) is amended by inserting ‘‘(including a separate
accounting of any such amounts reasonably designated as
cash tips and the occupation described in section 224(d)(1)
of the person receiving such tips)’’ after ‘‘such gains, profits,
and income’’.
(B) STATEMENT FURNISHED TO PAYEE.—Section 6041(d)
is amended by striking ‘‘and’’ at the end of paragraph
(1), by striking the period at the end of paragraph (2)
and inserting ‘‘, and’’, and by inserting after paragraph
(2) the following new paragraph:
‘‘(3) in the case of compensation to non-employees, the
portion of payments that have been reasonably designated as
cash tips and the occupation described in section 224(d)(1)
of the person receiving such tips.’’.
(2) RETURNS FOR PAYMENTS MADE FOR SERVICES AND DIRECT
SALES.—
(A) STATEMENT
FURNISHED
TO
SECRETARY.—Section
6041A(a) is amended by inserting ‘‘(including a separate
accounting of any such amounts reasonably designated as
cash tips and the occupation described in section 224(d)(1)
of the person receiving such tips)’’ after ‘‘amount of such
payments’’.
(B)
STATEMENT
FURNISHED
TO
PAYEE.—Section
6041A(e) is amended by striking ‘‘and’’ at the end of para-
graph (1), by striking the period at the end of paragraph
(2) and inserting ‘‘, and’’, and by inserting after paragraph
(2) the following new paragraph:
‘‘(3) in the case of subsection (a), the portion of payments
that have been reasonably designated as cash tips and the
H. R. 1—102
occupation described in section 224(d)(1) of the person receiving
such tips.’’.
(3) RETURNS
RELATING
TO
THIRD
PARTY
SETTLEMENT
ORGANIZATIONS.—
(A) STATEMENT
FURNISHED
TO
SECRETARY.—Section
6050W(a) is amended by striking ‘‘and’’ at the end of para-
graph (1), by striking the period at the end of paragraph
(2) and inserting ‘‘and’’, and by adding at the end the
following new paragraph:
‘‘(3) in the case of a third party settlement organization,
the portion of reportable payment transactions that have been
reasonably designated by payors as cash tips and the occupation
described in section 224(d)(1) of the person receiving such tips.’’.
(B)
STATEMENT
FURNISHED
TO
PAYEE.—Section
6050W(f)(2) is amended by inserting ‘‘(including a separate
accounting of any such amounts that have been reasonably
designated by payors as cash tips and the occupation
described in section 224(d)(1) of the person receiving such
tips)’’ after ‘‘reportable payment transactions’’.
(4) RETURNS
RELATED
TO
WAGES.—Section 6051(a) is
amended by striking ‘‘and’’ at the end of paragraph (16), by
striking the period at the end of paragraph (17) and inserting
‘‘, and’’, and by inserting after paragraph (17) the following
new paragraph:
‘‘(18) the total amount of cash tips reported by the employee
under section 6053(a) and the occupation described in section
224(d)(1) such person.’’.
(g) CLERICAL AMENDMENT.—The table of sections for part VII
of subchapter B of chapter 1 is amended by redesignating the
item relating to section 224 as relating to section 225 and by
inserting after the item relating to section 223 the following new
item:
‘‘Sec. 224. Qualified tips.’’.
(h) PUBLISHED LIST OF OCCUPATIONS TRADITIONALLY RECEIVING
TIPS.—Not later than 90 days after the date of the enactment
of this Act, the Secretary of the Treasury (or the Secretary’s dele-
gate) shall publish a list of occupations which customarily and
regularly received tips on or before December 31, 2024, for purposes
of section 224(d)(1) of the Internal Revenue Code of 1986 (as added
by subsection (a)).
(i) WITHHOLDING.—The Secretary of the Treasury (or the Sec-
retary’s delegate) shall modify the procedures prescribed under
section 3402(a) of the Internal Revenue Code of 1986 for taxable
years beginning after December 31, 2025, to take into account
the deduction allowed under section 224 of such Code (as added
by this Act).
(j) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2024.
(k) TRANSITION RULE.—In the case of any cash tips required
to be reported for periods before January 1, 2026, persons required
to file returns or statements under section 6041(a), 6041(d)(3),
6041A(a), 6041A(e)(3), 6050W(a), or 6050W(f)(2) of the Internal
Revenue Code of 1986 (as amended by this section) may approxi-
mate a separate accounting of amounts designated as cash tips
by any reasonable method specified by the Secretary.
H. R. 1—103
SEC. 70202. NO TAX ON OVERTIME.
(a) DEDUCTION ALLOWED.—Part VII of subchapter B of chapter
1, as amended by the preceding provisions of this Act, is amended
by redesignating section 225 as section 226 and by inserting after
section 224 the following new section:
‘‘SEC. 225. QUALIFIED OVERTIME COMPENSATION.
‘‘(a) IN GENERAL.—There shall be allowed as a deduction an
amount equal to the qualified overtime compensation received
during the taxable year and included on statements furnished to
the individual pursuant to section 6041(d)(4) or 6051(a)(19).
‘‘(b) LIMITATION.—
‘‘(1) IN
GENERAL.—The amount allowed as a deduction
under this section for any taxable year shall not exceed $12,500
($25,000 in the case of a joint return).
‘‘(2) LIMITATION BASED ON ADJUSTED GROSS INCOME.—
‘‘(A) IN GENERAL.—The amount allowable as a deduc-
tion under subsection (a) (after application of paragraph
(1)) shall be reduced (but not below zero) by $100 for
each $1,000 by which the taxpayer’s modified adjusted
gross income exceeds $150,000 ($300,000 in the case of
a joint return).
‘‘(B) MODIFIED ADJUSTED GROSS INCOME.—For purposes
of this paragraph, the term ‘modified adjusted gross income’
means the adjusted gross income of the taxpayer for the
taxable year increased by any amount excluded from gross
income under section 911, 931, or 933.
‘‘(c) QUALIFIED OVERTIME COMPENSATION.—
‘‘(1) IN GENERAL.—For purposes of this section, the term
‘qualified overtime compensation’ means overtime compensation
paid to an individual required under section 7 of the Fair
Labor Standards Act of 1938 that is in excess of the regular
rate (as used in such section) at which such individual is
employed.
‘‘(2) EXCLUSIONS.—Such term shall not include any quali-
fied tip (as defined in section 224(d)).
‘‘(d) SOCIAL SECURITY NUMBER REQUIRED.—
‘‘(1) IN GENERAL.—No deduction shall be allowed under
this section unless the taxpayer includes on the return of tax
for the taxable year such individual’s social security number.
‘‘(2) SOCIAL SECURITY NUMBER DEFINED.—For purposes of
paragraph (1), the term ‘social security number’ shall have
the meaning given such term in section 24(h)(7).
‘‘(e) MARRIED INDIVIDUALS.—If the taxpayer is a married indi-
vidual (within the meaning of section 7703), this section shall
apply only if the taxpayer and the taxpayer’s spouse file a joint
return for the taxable year.
‘‘(f) REGULATIONS.—The Secretary shall issue such regulations
or other guidance as may be necessary or appropriate to carry
out the purposes of this section, including regulations or other
guidance to prevent abuse of the deduction allowed by this section.
‘‘(g) TERMINATION.—No deduction shall be allowed under this
section for any taxable year beginning after December 31, 2028.’’.
(b) DEDUCTION ALLOWED TO NON-ITEMIZERS.—Section 63(b), as
amended by the preceding provisions of this Act, is amended by
striking ‘‘and’’ at the end of paragraph (4), by striking the period
H. R. 1—104
at the end of paragraph (5) and inserting ‘‘, and’’, and by adding
at the end the following new paragraph:
‘‘(6) the deduction provided in section 225.’’.
(c) REPORTING.—
(1) REQUIREMENT TO INCLUDE OVERTIME COMPENSATION ON
W-2.—Section 6051(a), as amended by the preceding provision
of this Act, is amended by striking ‘‘and’’ at the end of para-
graph (17), by striking the period at the end of paragraph
(18) and inserting ‘‘, and’’, and by inserting after paragraph
(18) the following new paragraph:
‘‘(19) the total amount of qualified overtime compensation
(as defined in section 225(c)).’’.
(2) PAYMENTS
TO
PERSONS
NOT
TREATED
AS
EMPLOYEES
UNDER TAX LAWS.—
(A) STATEMENT
FURNISHED
TO
SECRETARY.—Section
6041(a), as amended by section 70201(e)(1)(A), is amended
by inserting ‘‘and a separate accounting of any amount
of qualified overtime compensation (as defined in section
225(c))’’ after ‘‘occupation of the person receiving such tips’’.
(B) STATEMENT FURNISHED TO PAYEE.—Section 6041(d),
as amended by section 70201(e)(1)(B), is amended by
striking ‘‘and’’ at the end of paragraph (2), by striking
the period at the end of paragraph (3) and inserting ‘‘,
and’’, and by inserting after paragraph (3) the following
new paragraph:
‘‘(4) the portion of payments that are qualified overtime
compensation (as defined in section 225(c)).’’.
(d) OMISSION OF CORRECT SOCIAL SECURITY NUMBER TREATED
AS MATHEMATICAL
OR CLERICAL ERROR.—Section 6213(g)(2), as
amended by the preceding provisions of this Act, is amended by
striking ‘‘and’’ at the end of subparagraph (X), by striking the
period at the end of subparagraph (Y) and inserting ‘‘, and’’, and
by inserting after subparagraph (Y) the following new subpara-
graph:
‘‘(Z) an omission of a correct social security number
required under section 225(d) (relating to deduction for
qualified overtime).’’.
(e) CLERICAL AMENDMENT.—The table of sections for part VII
of subchapter B of chapter 1, as amended by the preceding provi-
sions of this Act, is amended by redesignating the item relating
to section 225 as an item relating to section 226 and by inserting
after the item relating to section 224 the following new item:
‘‘Sec. 225. Qualified overtime compensation.’’.
(f) WITHHOLDING.—The Secretary of the Treasury (or the Sec-
retary’s delegate) shall modify the procedures prescribed under
section 3402(a) of the Internal Revenue Code of 1986 for taxable
years beginning after December 31, 2025, to take into account
the deduction allowed under section 225 of such Code (as added
by this Act).
(g) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2024.
(h) TRANSITION RULE.—In the case of qualified overtime com-
pensation required to be reported for periods before January 1,
2026, persons required to file returns or statements under section
6051(a)(19), 6041(a), or 6041(d)(4) of the Internal Revenue Code
of 1986 (as amended by this section) may approximate a separate
H. R. 1—105
accounting of amounts designated as qualified overtime compensa-
tion by any reasonable method specified by the Secretary.
SEC. 70203. NO TAX ON CAR LOAN INTEREST.
(a) IN GENERAL.—Section 163(h) is amended by redesignating
paragraph (4) as paragraph (5) and by inserting after paragraph
(3) the following new paragraph:
‘‘(4) SPECIAL RULES FOR TAXABLE YEARS 2025 THROUGH 2028
RELATING TO QUALIFIED PASSENGER VEHICLE LOAN INTEREST.—
‘‘(A) IN GENERAL.—In the case of taxable years begin-
ning after December 31, 2024, and before January 1, 2029,
for purposes of this subsection the term ‘personal interest’
shall not include qualified passenger vehicle loan interest.
‘‘(B) QUALIFIED
PASSENGER
VEHICLE
LOAN
INTEREST
DEFINED.—
‘‘(i) IN GENERAL.—For purposes of this paragraph,
the term ‘qualified passenger vehicle loan interest’
means any interest which is paid or accrued during
the taxable year on indebtedness incurred by the tax-
payer after December 31, 2024, for the purchase of,
and that is secured by a first lien on, an applicable
passenger vehicle for personal use.
‘‘(ii) EXCEPTIONS.—Such term shall not include any
amount paid or incurred on any of the following:
‘‘(I) A loan to finance fleet sales.
‘‘(II) A loan incurred for the purchase of a
commercial vehicle that is not used for personal
purposes.
‘‘(III) Any lease financing.
‘‘(IV) A loan to finance the purchase of a
vehicle with a salvage title.
‘‘(V) A loan to finance the purchase of a vehicle
intended to be used for scrap or parts.
‘‘(iii) VIN REQUIREMENT.—Interest shall not be
treated as qualified passenger vehicle loan interest
under this paragraph unless the taxpayer includes the
vehicle identification number of the applicable pas-
senger vehicle described in clause (i) on the return
of tax for the taxable year.
‘‘(C) LIMITATIONS.—
‘‘(i) DOLLAR LIMIT.—The amount of interest taken
into account by a taxpayer under subparagraph (B)
for any taxable year shall not exceed $10,000.
‘‘(ii) LIMITATION
BASED
ON
MODIFIED
ADJUSTED
GROSS INCOME.—
‘‘(I) IN GENERAL.—The amount which is other-
wise allowable as a deduction under subsection
(a) as qualified passenger vehicle loan interest
(determined without regard to this clause and after
the application of clause (i)) shall be reduced (but
not below zero) by $200 for each $1,000 (or portion
thereof) by which the modified adjusted gross
income of the taxpayer for the taxable year exceeds
$100,000 ($200,000 in the case of a joint return).
‘‘(II) MODIFIED ADJUSTED GROSS INCOME.—For
purposes of this clause, the term ‘modified adjusted
gross income’ means the adjusted gross income
H. R. 1—106
of the taxpayer for the taxable year increased by
any amount excluded from gross income under
section 911, 931, or 933.
‘‘(D) APPLICABLE
PASSENGER
VEHICLE.—The term
‘applicable passenger vehicle’ means any vehicle—
‘‘(i) the original use of which commences with the
taxpayer,
‘‘(ii) which is manufactured primarily for use on
public streets, roads, and highways (not including a
vehicle operated exclusively on a rail or rails),
‘‘(iii) which has at least 2 wheels,
‘‘(iv) which is a car, minivan, van, sport utility
vehicle, pickup truck, or motorcycle,
‘‘(v) which is treated as a motor vehicle for pur-
poses of title II of the Clean Air Act, and
‘‘(vi) which has a gross vehicle weight rating of
less than 14,000 pounds.
Such term shall not include any vehicle the final assembly
of which did not occur within the United States.
‘‘(E) OTHER DEFINITIONS AND SPECIAL RULES.—For pur-
poses of this paragraph—
‘‘(i) FINAL ASSEMBLY.—For purposes of subpara-
graph (D), the term ‘final assembly’ means the process
by which a manufacturer produces a vehicle at, or
through the use of, a plant, factory, or other place
from which the vehicle is delivered to a dealer with
all component parts necessary for the mechanical oper-
ation of the vehicle included with the vehicle, whether
or not the component parts are permanently installed
in or on the vehicle.
‘‘(ii) TREATMENT
OF
REFINANCING.—Indebtedness
described in subparagraph (B) shall include indebted-
ness that results from refinancing any indebtedness
described in such subparagraph, and that is secured
by a first lien on the applicable passenger vehicle with
respect to which the refinanced indebtedness was
incurred, but only to the extent the amount of such
resulting indebtedness does not exceed the amount
of such refinanced indebtedness.
‘‘(iii) RELATED PARTIES.—Indebtedness described in
subparagraph (B) shall not include any indebtedness
owed to a person who is related (within the meaning
of section 267(b) or 707(b)(1)) to the taxpayer.’’.
(b) DEDUCTION ALLOWED TO NON-ITEMIZERS.—Section 63(b), as
amended by the preceding provisions of this Act, is amended by
striking ‘‘and’’ at the end of paragraph (5), by striking the period
at the end of paragraph (6) and inserting ‘‘and’’, and by adding
at the end the following new paragraph:
‘‘(7) so much of the deduction allowed by section 163(a)
as is attributable to the exception under section 163(h)(4)(A).’’.
(c) REPORTING.—
(1) IN GENERAL.—Subpart B of part III of subchapter A
of chapter 61 is amended by adding at the end the following
new section:
H. R. 1—107
‘‘SEC. 6050AA. RETURNS RELATING TO APPLICABLE PASSENGER
VEHICLE LOAN INTEREST RECEIVED IN TRADE OR
BUSINESS FROM INDIVIDUALS.
‘‘(a) IN GENERAL.—Any person—
‘‘(1) who is engaged in a trade or business, and
‘‘(2) who, in the course of such trade or business, receives
from any individual interest aggregating $600 or more for any
calendar year on a specified passenger vehicle loan,
shall make the return described in subsection (b) with respect
to each individual from whom such interest was received at such
time as the Secretary may provide.
‘‘(b) FORM AND MANNER OF RETURNS.—A return is described
in this subsection if such return—
‘‘(1) is in such form as the Secretary may prescribe, and
‘‘(2) contains—
‘‘(A) the name and address of the individual from whom
the interest described in subsection (a)(2) was received,
‘‘(B) the amount of such interest received for the cal-
endar year,
‘‘(C) the amount of outstanding principal on the speci-
fied passenger vehicle loan as of the beginning of such
calendar year,
‘‘(D) the date of the origination of such loan,
‘‘(E) the year, make, model, and vehicle identification
number of the applicable passenger vehicle which secures
such loan (or such other description of such vehicle as
the Secretary may prescribe), and
‘‘(F) such other information as the Secretary may pre-
scribe.
‘‘(c) STATEMENTS
TO BE FURNISHED
TO INDIVIDUALS WITH
RESPECT
TO WHOM INFORMATION IS REQUIRED.—Every person
required to make a return under subsection (a) shall furnish to
each individual whose name is required to be set forth in such
return a written statement showing—
‘‘(1) the name, address, and phone number of the informa-
tion contact of the person required to make such return, and
‘‘(2) the information described in subparagraphs (B), (C),
(D), and (E) of subsection (b)(2) with respect to such individual
(and such information as is described in subsection (b)(2)(F)
with respect to such individual as the Secretary may provide
for purposes of this subsection).
The written statement required under the preceding sentence shall
be furnished on or before January 31 of the year following the
calendar year for which the return under subsection (a) was
required to be made.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) IN GENERAL.—Terms used in this section which are
also used in paragraph (4) of section 163(h) shall have the
same meaning as when used in such paragraph.
‘‘(2) SPECIFIED PASSENGER VEHICLE LOAN.—The term ‘speci-
fied passenger vehicle loan’ means the indebtedness described
in section 163(h)(4)(B) with respect to any applicable passenger
vehicle.
‘‘(e) REGULATIONS.—The Secretary shall issue such regulations
or other guidance as may be necessary or appropriate to carry
out the purposes of this section, including regulations or other
H. R. 1—108
guidance to prevent the duplicate reporting of information under
this section.
‘‘(f) APPLICABILITY.—No return shall be required under this
section for any period to which section 163(h)(4) does not apply.’’.
(2) PENALTIES.—Section 6724(d) is amended—
(A) in paragraph (1)(B), by striking ‘‘or’’ at the end
of clause (xxvii), by striking ‘‘and’’ at the end of clause
(xxviii) and inserting ‘‘or’’, and by adding at the end the
following new clause:
‘‘(xxix) section 6050AA(a) (relating to returns
relating to applicable passenger vehicle loan interest
received in trade or business from individuals),’’, and
(B) in paragraph (2), by striking ‘‘or’’ at the end of
subparagraph (KK), by striking the period at the end of
subparagraph (LL) and inserting ‘‘, or’’, and by inserting
after subparagraph (LL) the following new subparagraph:
‘‘(MM) section 6050AA(c) (relating to statements
relating to applicable passenger vehicle loan interest
received in trade or business from individuals).’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 56(e)(1)(B) is amended by striking ‘‘section
163(h)(4)’’ and inserting ‘‘section 163(h)(5)’’.
(2) The table of sections for subpart B of part III of sub-
chapter A of chapter 61 is amended by adding at the end
the following new item:
‘‘Sec. 6050AA. Returns relating to applicable passenger vehicle loan interest re-
ceived in trade or business from individuals.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to indebtedness incurred after December 31, 2024.
SEC. 70204. TRUMP ACCOUNTS AND CONTRIBUTION PILOT PROGRAM.
(a) TRUMP ACCOUNTS.—
(1) IN GENERAL.—Subchapter F of chapter 1 is amended
by adding at the end the following new part:
‘‘PART IX—TRUMP ACCOUNTS
‘‘Sec. 530A. Trump accounts.
‘‘SEC. 530A. TRUMP ACCOUNTS.
‘‘(a) GENERAL RULE.—Except as provided in this section or
under regulations or guidance established by the Secretary, a
Trump account shall be treated for purposes of this title in the
same manner as an individual retirement account under section
408(a).
‘‘(b) TRUMP ACCOUNT.—For purposes of this section—
‘‘(1) IN
GENERAL.—The term ‘Trump account’ means an
individual retirement account (as defined in section 408(a))
which is not designated as a Roth IRA and which meets the
following requirements:
‘‘(A) The account—
‘‘(i) is created or organized by the Secretary for
the exclusive benefit of an eligible individual or such
eligible individual’s beneficiaries, or
‘‘(ii) is—
‘‘(I) created or organized in the United States
for the exclusive benefit of an individual who has
H. R. 1—109
not attained the age of 18 before the end of the
calendar year, or such individual’s beneficiaries,
and
‘‘(II) funded by a qualified rollover contribu-
tion.
‘‘(B) The account is designated (in such manner as
the Secretary shall prescribe) at the time of the establish-
ment of the account as a Trump account.
‘‘(C) The written governing instrument creating the
account meets the following requirements:
‘‘(i) No contribution will be accepted—
‘‘(I) before the date that is 12 months after
the date of the enactment of this section, or
‘‘(II) in the case of a contribution made in
any calendar year before the calendar year in
which the account beneficiary attains age 18, if
such contribution would result in aggregate con-
tributions (other than exempt contributions) for
such calendar year in excess of the contribution
limit specified in subsection (c)(2)(A).
‘‘(ii) Except as provided in subsection (d), no dis-
tribution will be allowed before the first day of the
calendar year in which the account beneficiary attains
age 18.
‘‘(iii) No part of the account funds will be invested
in any asset other than an eligible investment during
any period before the first day of the calendar year
in which the account beneficiary attains age 18.
‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’
means any individual—
‘‘(A) who has not attained the age of 18 before the
close of the calendar year in which the election under
subparagraph (C) is made,
‘‘(B) for whom a social security number (within the
meaning of section 24(h)(7)) has been issued before the
date on which an election under subsection (C) is made,
and
‘‘(C) for whom—
‘‘(i) an election is made under this subparagraph
by the Secretary if the Secretary determines (based
on information available to the Secretary from tax
returns or otherwise) that such individual meets the
requirements of subparagraphs (A) and (B) and no
prior election has been made for such individual under
clause (ii), or
‘‘(ii) an election is made under this subparagraph
by a person other than the Secretary (at such time
and in such manner as the Secretary may prescribe)
for the establishment of a Trump account if no prior
election has been made for such individual under
clause (i).
‘‘(3) ELIGIBLE INVESTMENT.—
‘‘(A) IN
GENERAL.—The term ‘eligible investment’
means any mutual fund or exchange traded fund which—
‘‘(i) tracks the returns of a qualified index,
‘‘(ii) does not use leverage,
H. R. 1—110
‘‘(iii) does not have annual fees and expenses of
more than 0.1 percent of the balance of the investment
in the fund, and
‘‘(iv) meets such other criteria as the Secretary
determines appropriate for purposes of this section.
‘‘(B) QUALIFIED
INDEX.—The term ‘qualified index’
means—
‘‘(i) the Standard and Poor’s 500 stock market
index, or
‘‘(ii) any other index—
‘‘(I) which is comprised of equity investments
in primarily United States companies, and
‘‘(II) for which regulated futures contracts (as
defined in section 1256(g)(1)) are traded on a quali-
fied board or exchange (as defined in section
1256(g)(7)).
Such term shall not include any industry or sector-
specific index, but may include an index based on
market capitalization.
‘‘(4) ACCOUNT BENEFICIARY.—The term ‘account beneficiary’
means the individual on whose behalf the Trump account was
established.
‘‘(c) TREATMENT OF CONTRIBUTIONS.—
‘‘(1) NO
DEDUCTION
ALLOWED.—No deduction shall be
allowed under section 219 for any contribution which is made
before the first day of the calendar year in which the account
beneficiary attains age 18.
‘‘(2) CONTRIBUTION LIMIT.—In the case of any contribution
made before the calendar year in which the account beneficiary
attains age 18—
‘‘(A) IN GENERAL.—The aggregate amount of contribu-
tions (other than exempt contributions) for such calendar
year shall not exceed $5,000.
‘‘(B) EXEMPT
CONTRIBUTION.—For purposes of this
paragraph, the term ‘exempt contribution’ means—
‘‘(i) a qualified rollover contribution,
‘‘(ii) any qualified general contribution, or
‘‘(iii) any contribution provided under section 6434.
‘‘(C) COST-OF-LIVING ADJUSTMENT.—
‘‘(i) IN GENERAL.—In the case of any taxable year
after 2027, the $5,000 amount under subparagraph
(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 by sub-
stituting ‘calendar year 2026’ for ‘calendar year
2016’ in subparagraph (A)(ii) thereof.
‘‘(ii) ROUNDING.—If any increase under this
subparagraph is not a multiple of $100, such amount
shall be rounded to the next lowest multiple of $100.
‘‘(3) TIMING OF CONTRIBUTIONS.—Section 219(f)(3) shall not
apply to any contribution made to a Trump account for any
taxable year ending before the calendar year in which the
account beneficiary attains age 18.
‘‘(d) DISTRIBUTIONS.—
H. R. 1—111
‘‘(1) IN GENERAL.—Except as otherwise provided in this
subsection, no distribution shall be allowed before the first
day of the calendar year in which the account beneficiary
attains age 18.
‘‘(2) TAX TREATMENT OF ALLOWABLE DISTRIBUTIONS.—For
purposes of applying section 72 to any amount distributed
from a Trump account, the investment in the contract shall
not include—
‘‘(A) any qualified general contribution,
‘‘(B) any contribution provided under section 6434, and
‘‘(C) the amount of any contribution which is excluded
from gross income under section 128.
‘‘(3) QUALIFIED ROLLOVER CONTRIBUTIONS.—Paragraph (1)
shall not apply to any distribution which is a qualified rollover
contribution and the amount of such distribution shall not
be included in the gross income of the beneficiary.
‘‘(4) QUALIFIED ABLE ROLLOVER CONTRIBUTIONS.—
‘‘(A) IN GENERAL.—Paragraph (1) shall not apply to
any distribution which is a qualified ABLE rollover con-
tribution and the amount of such distribution shall not
be included in the gross income of the beneficiary.
‘‘(B) QUALIFIED
ABLE
ROLLOVER
CONTRIBUTION.—For
purposes of this section, the term ‘qualified ABLE rollover
contribution’ means an amount which is paid during the
calendar year in which the account beneficiary attains age
17 in a direct trustee-to-trustee transfer from a Trump
account maintained for the benefit of the account bene-
ficiary to an ABLE account (as defined in section
529A(e)(6)) for the benefit of the such account beneficiary,
but only if the amount of such payment is equal to the
entire balance of the Trump account from which the pay-
ment is made.
‘‘(5) DISTRIBUTIONS OF EXCESS CONTRIBUTIONS.—In the case
of any contribution which is made before the calendar year
in which the account beneficiary attains age 18 and which
is in excess of the limitation in effect under subsection (c)(2)(A)
for the calendar year—
‘‘(A) paragraph (1) shall not apply to the distribution
of such excess,
‘‘(B) the amount of such distribution shall not be
included in gross income of the account beneficiary, and
‘‘(C) the tax imposed by this chapter on the distributee
for the taxable year in which the distribution is made
shall be increased by 100 percent of the amount of net
income attributable to such excess (determined without
regard to subparagraph (B)).
‘‘(6) TREATMENT OF DEATH OF ACCOUNT BENEFICIARY.—If,
by reason of the death of the account beneficiary before the
first day of the calendar year in which the account beneficiary
attains age 18, any person acquires the account beneficiary’s
interest in the Trump account—
‘‘(A) paragraph (1) shall not apply,
‘‘(B) such account shall cease to be a Trump account
as of the date of death, and
‘‘(C) an amount equal to the fair market value of the
assets (reduced by the investment in the contract) in such
account on such date shall—
H. R. 1—112
‘‘(i) if such person is not the estate of such bene-
ficiary, be includible in such person’s gross income
for the taxable year which includes such date, or
‘‘(ii) if such person is the estate of such beneficiary,
be includible in such beneficiary’s gross income for
the last taxable year of such beneficiary.
‘‘(e) QUALIFIED ROLLOVER CONTRIBUTION.—For purposes of this
section, the term ‘qualified rollover contribution’ means an amount
which is paid in a direct trustee-to-trustee transfer from a Trump
account maintained for the benefit of the account beneficiary to
a Trump account maintained for such beneficiary, but only if the
amount of such payment is equal to the entire balance of the
Trump account from which the payment is made.
‘‘(f) QUALIFIED GENERAL CONTRIBUTION.—For purposes of this
section—
‘‘(1) IN GENERAL.—The term ‘qualified general contribution’
means any contribution which—
‘‘(A) is made by the Secretary pursuant to a general
funding contribution,
‘‘(B) is made to the Trump account of an account bene-
ficiary in the qualified class of account beneficiaries speci-
fied in the general funding contribution, and
‘‘(C) is in an amount which is equal to the ratio of—
‘‘(i) the amount of such general funding contribu-
tion, to
‘‘(ii) the number of account beneficiaries in such
qualified class.
‘‘(2) GENERAL FUNDING CONTRIBUTION.—The term ‘general
funding contribution’ means a contribution which—
‘‘(A) is made by—
‘‘(i) an entity described in section 170(c)(1) (other
than a possession of the United States or a political
subdivision thereof) or an Indian tribal government,
or
‘‘(ii) an organization described in section 501(c)(3)
and exempt from tax under section 501(a), and
‘‘(B) which specifies a qualified class of account bene-
ficiaries to whom such contribution is to be distributed.
‘‘(3) QUALIFIED CLASS.—
‘‘(A) IN
GENERAL.—The term ‘qualified class’ means
any of the following:
‘‘(i) All account beneficiaries who have not attained
the age of 18 before the close of the calendar year
in which the contribution is made.
‘‘(ii) All account beneficiaries who have not
attained the age of 18 before the close of the calendar
year in which the contribution is made and who reside
in one or more States or other qualified geographic
areas specified by the terms of the general funding
contribution.
‘‘(iii) All account beneficiaries who have not
attained the age of 18 before the close of the calendar
year in which the contribution is made and who were
born in one or more calendar years specified by the
terms of the general funding contribution.
‘‘(B) QUALIFIED GEOGRAPHIC AREA.—The term ‘qualified
geographic area’ means any geographic area in which not
H. R. 1—113
less than 5,000 account beneficiaries reside and which is
designated by the Secretary as a qualified geographic area
under this subparagraph.
‘‘(g) TRUSTEE SELECTION.—In the case of any Trump account
created or organized by the Secretary, the Secretary shall take
into account the following criteria in selecting the trustee:
‘‘(1) The history of reliability and regulatory compliance
of the trustee.
‘‘(2) The customer service experience of the trustee.
‘‘(3) The costs imposed by the trustee on the account or
the account beneficiary.
‘‘(h) OTHER SPECIAL RULES
AND COORDINATION WITH INDI-
VIDUAL RETIREMENT ACCOUNT RULES.—
‘‘(1) IN
GENERAL.—The rules of subsections (k) and (p)
of section 408 shall not apply to a Trump account, and the
rules of subsections (d) and (i) of section 408 shall not apply
to a Trump account for any taxable year beginning before
the calendar year in which the account beneficiary attains
age 18.
‘‘(2) CUSTODIAL ACCOUNTS.—In the case of a Trump account,
section 408(h) shall be applied by substituting ‘a Trump account
described in section 530A(b)(1)’ for ‘an individual retirement
account described in subsection (a)’.
‘‘(3) CONTRIBUTIONS.—In the case of any taxable year begin-
ning before the first day of the calendar year in which the
account beneficiary attains age 18, a contribution to a Trump
account shall not be taken into account in applying any con-
tribution limit to any individual retirement plan other than
a Trump account.
‘‘(4) DISTRIBUTIONS.—Section 408(d)(2) shall be applied
separately with respect to Trump Accounts and other individual
retirement plans.
‘‘(5) EXCESS CONTRIBUTIONS.—For purposes of applying sec-
tion 4973(b) to a Trump account for any taxable year beginning
before the first day of the calendar year in which the account
beneficiary attains age 18, the term ‘excess contributions’ means
the sum of—
‘‘(A) the amount by which the amount contributed to
the account for the calendar year in which taxable year
begins exceeds the amount permitted to be contributed
to the account under subsection (c)(2), and
‘‘(B) the amount determined under this paragraph for
the preceding taxable year.
For purposes of this paragraph, the excess contributions for
a taxable year are reduced by the distributions to which sub-
section (d)(5) applies that are made during the taxable year
or by the date prescribed by law (including extensions of time)
for filing the account beneficiary’s return for the taxable year.
‘‘(i) REPORTS.—
‘‘(1) IN GENERAL.—The trustee of a Trump account shall
make such reports regarding such account to the Secretary
and to the beneficiary of the account at such time and in
such manner as may be required by the Secretary. Such reports
shall include information with respect to—
‘‘(A) contributions (including the amount and source
of any contribution in excess of $25 made from a person
H. R. 1—114
other than the Secretary, the account beneficiary, or the
parent or legal guardian of the account beneficiary),
‘‘(B) distributions (including distributions which are
qualified rollover contributions),
‘‘(C) the fair market value of the account,
‘‘(D) the investment in the contract with respect to
such account, and
‘‘(E) such other matters as the Secretary may require.
‘‘(2) QUALIFIED ROLLOVER CONTRIBUTIONS.—Not later than
30 days after the date of any qualified rollover contribution,
the trustee of the Trump account to which the contribution
was made shall make a report to the Secretary. Such report
shall include—
‘‘(A) the name, address, and social security number
of the account beneficiary,
‘‘(B) the name and address of such trustee,
‘‘(C) the account number,
‘‘(D) the routing number of the trustee, and
‘‘(E) such other information as the Secretary may
require.
‘‘(3) PERIOD OF REPORTING.—This subsection shall not apply
to any period after the calendar year in which the beneficiary
attains age 17.’’.
(2) QUALIFIED
ABLE
ROLLOVER
CONTRIBUTIONS
EXEMPT
FROM ABLE CONTRIBUTION LIMITATION.—
(A) IN GENERAL.—Section 529A(b)(2)(B) is amended by
inserting ‘‘or received in a qualified ABLE rollover contribu-
tion described in section 530A(d)(4)(B)’’ after ‘‘except as
provided in the case of contributions under subsection
(c)(1)(C)’’.
(B) PROHIBITION
ON
EXCESS
CONTRIBUTIONS.—The
second sentence of section 529A(b)(6) is amended by
inserting ‘‘but do not include any contributions received
in a qualified ABLE rollover contribution described in sec-
tion 530A(d)(4)(B)’’ before the period at the end.
(C) CONFORMING AMENDMENT.—Section 4973(h)(1) is
amended by inserting ‘‘or contributions received in a quali-
fied ABLE rollover contribution described in section
530A(d)(4)(B)’’ after ‘‘other than contributions under section
529A(c)(1)(C)’’.
(3) FAILURE TO PROVIDE REPORTS ON TRUMP ACCOUNTS.—
Section 6693(a)(2) is amended by striking ‘‘and’’ at the end
of subparagraph (E), by striking the period at the end of
subparagraph (F) and inserting ‘‘, and’’, and by inserting after
subparagraph (F) the following new subparagraph:
‘‘(G) section 530A(i) (relating to Trump accounts).’’.
(4) CLERICAL AMENDMENT.—
(A) The table of parts for subchapter F of chapter
1 is amended by adding at the end the following new
item:
‘‘PART IX—TRUMP ACCOUNTS’’.
(b) EMPLOYER CONTRIBUTIONS.—
(1) IN GENERAL.—Part III of subchapter B of chapter 1
is amended by inserting after section 127 the following new
section:
H. R. 1—115
‘‘SEC. 128. EMPLOYER CONTRIBUTIONS TO TRUMP ACCOUNTS.
‘‘(a) IN GENERAL.—Gross income of an employee does not
include amounts paid by the employer as a contribution to the
Trump account of such employee or of any dependent of such
employee if the amounts are paid or incurred pursuant to a program
which is described in subsection (c).
‘‘(b) LIMITATION.—
‘‘(1) IN
GENERAL.—The amount which may be excluded
under subsection (a) with respect to any employee shall not
exceed $2,500.
‘‘(2) INFLATION ADJUSTMENT.—
‘‘(A) IN
GENERAL.—In the case of any taxable year
beginning after 2027, the $2,500 amount in paragraph
(1) 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 by substituting ‘calendar year
2026’ for ‘calendar year 2016’ in subparagraph (A)(ii)
thereof.
‘‘(B) ROUNDING.—If any increase determined under
subparagraph (A) is not a multiple of $100, such increase
shall be rounded to the next lowest multiple of $100.
‘‘(c) TRUMP ACCOUNT CONTRIBUTION PROGRAM.—For purposes
of this section, a Trump account contribution program is a separate
written plan of an employer for the exclusive benefit of his
employees to provide contributions to the Trump accounts of such
employees or dependents of such employees which meets require-
ments similar to the requirements of paragraphs (2), (3), (6), (7),
and (8) of section 129(d).’’.
(2) CLERICAL AMENDMENT.—The table of sections for part
III of subchapter B of chapter 1 is amended by inserting after
the item relating to section 127 the following new item:
‘‘Sec. 128. Employer contributions to Trump accounts.’’.
(c) CERTAIN CONTRIBUTIONS EXCLUDED FROM GROSS INCOME.—
(1) IN GENERAL.—Part III of subchapter B of chapter 1
is amended by inserting before section 140 the following new
section:
‘‘SEC. 139J. CERTAIN CONTRIBUTIONS TO TRUMP ACCOUNTS.
‘‘(a) IN GENERAL.—Gross income of an account beneficiary shall
not include any qualified general contribution to a Trump account
of the account beneficiary.
‘‘(b) DEFINITIONS.—Any term used in this section which is used
in section 530A shall have the meaning given such term under
section 530A.’’.
(2) CLERICAL AMENDMENT.—The table of sections for part
III of subchapter B is amended by inserting before the item
relating to section 140 the following new item:
‘‘Sec. 139J. Certain contributions to Trump accounts.’’.
(d) TRUMP ACCOUNTS CONTRIBUTION PILOT PROGRAM.—
(1) IN GENERAL.—Subchapter B of chapter 65 is amended
by adding at the end the following new section:
H. R. 1—116
‘‘SEC. 6434. TRUMP ACCOUNTS CONTRIBUTION PILOT PROGRAM.
‘‘(a) IN GENERAL.—In the case of an individual who makes
an election under this section with respect to an eligible child
of the individual, such eligible child shall be treated as making
a payment against the tax imposed by subtitle A (for the taxable
year for which the election was made) in an amount equal to
$1,000.
‘‘(b) REFUND OF PAYMENT.—The amount treated as a payment
under subsection (a) shall be paid by the Secretary to the Trump
account with respect to which such eligible child is the account
beneficiary.
‘‘(c) ELIGIBLE CHILD.—For purposes of this section, the term
‘eligible child’ means a qualifying child (as defined in section
152(c))—
‘‘(1) who is born after December 31, 2024, and before
January 1, 2029,
‘‘(2) with respect to whom no prior election has been made
under this section by such individual or any other individual,
and
‘‘(3) who is a United States citizen.
‘‘(d) ELECTION.—An election under this section shall be made
at such time and in such manner as the Secretary shall provide.
‘‘(e) SOCIAL SECURITY NUMBER REQUIRED.—
‘‘(1) IN GENERAL.—This section shall not apply to any tax-
payer unless such individual includes with the election made
under this section the social security number of the eligible
child with respect to whom the election is made.
‘‘(2) SOCIAL SECURITY NUMBER DEFINED.—For purposes of
paragraph (1), the term ‘social security number’ shall have
the meaning given such term in section 24(h)(7), determined
by substituting ‘before the date of the election made under
section 6434’ for ‘before the due date of such return’ in subpara-
graph (B) thereof.
‘‘(f) EXCEPTION FROM REDUCTION OR OFFSET.—Any payment
made to any individual under this section shall not be—
‘‘(1) subject to reduction or offset pursuant to subsection
(c), (d), (e), or (f) of section 6402 or any similar authority
permitting offset, or
‘‘(2) reduced or offset by other assessed Federal taxes that
would otherwise be subject to levy or collection.
‘‘(g) SPECIAL RULE REGARDING INTEREST.—The period deter-
mined under section 6611(a) with respect to any payment under
this section shall not begin before January 1, 2028.
‘‘(h) MIRROR CODE POSSESSIONS.—In the case of any possession
of the United States with a mirror code tax system (as defined
in section 24(k)), this section shall not be treated as part of the
income tax laws of the United States for purposes of determining
the income tax law of such possession unless such possession elects
to have this section be so treated.
‘‘(i) DEFINITIONS.—For purposes of this section, the terms
‘Trump account’ and ‘account beneficiary’ have the meaning given
such terms in section 530A(b).’’.
(2) PENALTY
FOR
NEGLIGENT
CLAIM
OR
FRAUDULENT
CLAIM.—Part I of subchapter A of chapter 68 is amended by
adding at the end the following new section:
H. R. 1—117
‘‘SEC. 6659. IMPROPER CLAIM FOR TRUMP ACCOUNT CONTRIBUTION
PILOT PROGRAM CREDIT.
‘‘(a) IN GENERAL.—In the case of any individual who makes
an election under section 6434 with respect to an individual who
is not an eligible child of the taxpayer—
‘‘(1) if such election was made due to negligence or dis-
regard of the rules or regulations, there shall be imposed a
penalty of $500, or
‘‘(2) if such election was made due to fraud, there shall
be imposed a penalty of $1,000.
‘‘(b) DEFINITIONS.—
‘‘(1) ELIGIBLE
CHILD.—The term ‘eligible child’ has the
meaning given such term under section 6434.
‘‘(2) NEGLIGENCE; DISREGARD.—The terms ‘negligence’ and
‘disregard’ have the same meaning as when such terms are
used in section 6662.’’.
(3) OMISSION
OF
CORRECT
SOCIAL
SECURITY
NUMBER
TREATED
AS
MATHEMATICAL
OR
CLERICAL
ERROR.—Section
6213(g)(2), as amended by the preceding provisions of this
Act, is amended by striking ‘‘and’’ at the end of subparagraph
(Y), by striking the period at the end of subparagraph (Z)
and inserting ‘‘, and’’, and by inserting after subparagraph
(Z) the following new subparagraph:
‘‘(AA) an omission of a correct social security number
required under section 6434(e)(1) (relating to the Trump
accounts contribution pilot program).’’.
(4) CONFORMING AMENDMENTS.—
(A) The table of sections for subchapter B of chapter
65 is amended by adding at the end the following new
item:
‘‘Sec. 6434. Trump accounts contribution pilot program.’’.
(B) The table of sections for part I of subchapter A
of chapter 68 is amended by inserting after the item
relating to section 6658 the following new item:
‘‘Sec. 6659. Improper claim for Trump account contribution pilot program credit.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
(f) FUNDING.—In addition to amounts otherwise available, there
is appropriated to the Department of the Treasury, out of any
money in the Treasury not otherwise appropriated, $410,000,000,
to remain available until September 30, 2034, to carry out the
amendments made by this section.
CHAPTER 3—ESTABLISHING CERTAINTY AND
COMPETITIVENESS FOR AMERICAN JOB CREATORS
Subchapter A—Permanent U.S. Business Tax Reform and
Boosting Domestic Investment
SEC. 70301. FULL EXPENSING FOR CERTAIN BUSINESS PROPERTY.
(a) MADE PERMANENT.—
(1) IN GENERAL.—Section 168(k)(2)(A) is amended by adding
‘‘and’’ at the end of clause (i), by striking ‘‘, and’’ at the end
of clause (ii) and inserting a period, and by striking clause
(iii).
H. R. 1—118
(2) PROPERTY WITH LONGER PRODUCTION PERIODS.—Section
168(k)(2)(B) is amended—
(A) in clause (i), by striking subclauses (II) and (III)
and redesignating subclauses (IV), (V), and (VI), as sub-
clauses (II), (III), and (IV), respectively, and
(B) by striking clause (ii) and redesignating clauses
(iii) and (iv) as clauses (ii) and (iii), respectively.
(3) SELF-CONSTRUCTED PROPERTY.—Section 168(k)(2)(E) is
amended by striking clause (i) and redesignating clauses (ii)
and (iii) as clauses (i) and (ii), respectively.
(4) CERTAIN PLANTS.—Section 168(k)(5)(A) is amended by
striking ‘‘planted before January 1, 2027, or is grafted before
such date to a plant that has already been planted,’’ in the
matter preceding clause (i) and inserting ‘‘planted or grafted’’.
(5) CONFORMING AMENDMENTS.—
(A) Section 168(k)(2)(A)(ii) is amended by striking
‘‘clause (ii) of subparagraph (E)’’ and inserting ‘‘clause (i)
of subparagraph (E)’’.
(B) Section 168(k)(2)(C)(i) is amended by striking ‘‘and
subclauses (II) and (III) of subparagraph (B)(i)’’.
(C) Section 168(k)(2)(C)(ii) is amended by striking
‘‘subparagraph
(B)(iii)’’
and
inserting
‘‘subparagraph
(B)(ii)’’.
(D) Section 460(c)(6)(B) is amended by striking ‘‘which’’
and all that follows through the period and inserting ‘‘which
has a recovery period of 7 years or less.’’.
(b) 100 PERCENT EXPENSING.—
(1) IN GENERAL.—Section 168(k) is amended—
(A) in paragraph (1)(A), by striking ‘‘the applicable
percentage’’ and inserting ‘‘100 percent’’, and
(B) by striking paragraphs (6) and (8).
(2) CERTAIN PLANTS.—Section 168(k)(5)(A)(i) is amended
by striking ‘‘the applicable percentage’’ and inserting ‘‘100 per-
cent’’.
(3) TRANSITIONAL
ELECTION
OF
REDUCED
PERCENTAGE.—
Section 168(k)(10) is amended by striking subparagraph (A),
by redesignating subparagraph (B) as subparagraph (C), and
by inserting before subparagraph (C) (as so redesignated) the
following new subparagraphs:
‘‘(A) IN GENERAL.—In the case of qualified property
placed in service by the taxpayer during the first taxable
year ending after January 19, 2025, if the taxpayer elects
to have this paragraph apply for such taxable year, para-
graph (1)(A) shall be applied—
‘‘(i) in the case of property which is not described
in clause (ii), by substituting ‘40 percent’ for ‘100 per-
cent’, or
‘‘(ii) in the case of property which is described
in subparagraph (B) or (C) of paragraph (2), by sub-
stituting ‘60 percent’ for ‘100 percent’.
‘‘(B) SPECIFIED PLANTS.—In the case of any specified
plant planted or grafted by the taxpayer during the first
taxable year ending after January 19, 2025, if the taxpayer
elects to have this paragraph apply for such taxable year,
paragraph (5)(A)(i) shall be applied by substituting ‘40
percent’ for ‘100 percent’.’’.
(c) EFFECTIVE DATE.—
H. R. 1—119
(1) IN GENERAL.—Except as otherwise provided in this sub-
section, the amendments made by this section shall apply to
property acquired after January 19, 2025.
(2) SPECIFIED PLANTS.—Except as provided in paragraph
(3), in the case of any specified plant (as defined in section
168(k)(5)(B) of the Internal Revenue Code of 1986, as amended
by this section), the amendments made by this section shall
apply to such plants which are planted or grafted after January
19, 2025.
(3) TRANSITIONAL
ELECTION
OF
REDUCED
PERCENTAGE.—
The amendment made by subsection (b)(3) shall apply to taxable
years ending after January 19, 2025.
(4) ACQUISITION
DATE
DETERMINATION.—For purposes of
paragraph (1), property shall not be treated as acquired after
the date on which a written binding contract is entered into
for such acquisition.
SEC. 70302. FULL EXPENSING OF DOMESTIC RESEARCH AND EXPERI-
MENTAL EXPENDITURES.
(a) IN GENERAL.—Part VI of subchapter B of chapter 1 is
amended by inserting after section 174 the following new section:
‘‘SEC. 174A. DOMESTIC RESEARCH OR EXPERIMENTAL EXPENDITURES.
‘‘(a) TREATMENT AS EXPENSES.—Notwithstanding section 263,
there shall be allowed as a deduction any domestic research or
experimental expenditures which are paid or incurred by the tax-
payer during the taxable year.
‘‘(b) DOMESTIC RESEARCH OR EXPERIMENTAL EXPENDITURES.—
For purposes of this section, the term ‘domestic research or experi-
mental expenditures’ means research or experimental expenditures
paid or incurred by the taxpayer in connection with the taxpayer’s
trade or business other than such expenditures which are attrib-
utable to foreign research (within the meaning of section
41(d)(4)(F)).
‘‘(c) AMORTIZATION OF CERTAIN DOMESTIC RESEARCH OR EXPERI-
MENTAL EXPENDITURES.—
‘‘(1) IN GENERAL.—At the election of the taxpayer, made
in accordance with regulations or other guidance provided by
the Secretary, in the case of domestic research or experimental
expenditures which would (but for subsection (a)) be chargeable
to capital account but not chargeable to property of a character
which is subject to the allowance under section 167 (relating
to allowance for depreciation, etc.) or section 611 (relating to
allowance for depletion), subsection (a) shall not apply and
the taxpayer shall—
‘‘(A) charge such expenditures to capital account, and
‘‘(B) be allowed an amortization deduction of such
expenditures ratably over such period of not less than
60 months as may be selected by the taxpayer (beginning
with the month in which the taxpayer first realizes benefits
from such expenditures).
‘‘(2) TIME FOR AND SCOPE OF ELECTION.—The election pro-
vided by paragraph (1) may be made for any taxable year,
but only if made not later than the time prescribed by law
for filing the return for such taxable year (including extensions
thereof). The method so elected, and the period selected by
the taxpayer, shall be adhered to in computing taxable income
for the taxable year for which the election is made and for
H. R. 1—120
all subsequent taxable years unless, with the approval of the
Secretary, a change to a different method (or to a different
period) is authorized with respect to part or all of such expendi-
tures. The election shall not apply to any expenditure paid
or incurred during any taxable year before the taxable year
for which the taxpayer makes the election.
‘‘(d) SPECIAL RULES.—
‘‘(1) LAND AND OTHER PROPERTY.—This section shall not
apply to any expenditure for the acquisition or improvement
of land, or for the acquisition or improvement of property to
be used in connection with the research or experimentation
and of a character which is subject to the allowance under
section 167 (relating to allowance for depreciation, etc.) or sec-
tion 611 (relating to allowance for depletion); but for purposes
of this section allowances under section 167, and allowances
under section 611, shall be considered as expenditures.
‘‘(2) EXPLORATION EXPENDITURES.—This section shall not
apply to any expenditure paid or incurred for the purpose
of ascertaining the existence, location, extent, or quality of
any deposit of ore or other mineral (including oil and gas).
‘‘(3) SOFTWARE DEVELOPMENT.—For purposes of this sec-
tion, any amount paid or incurred in connection with the
development of any software shall be treated as a research
or experimental expenditure.’’.
(b) COORDINATION WITH CERTAIN OTHER PROVISIONS.—
(1)
FOREIGN
RESEARCH
EXPENSES.—Section
174
is
amended—
(A) in subsection (a)—
(i) by striking ‘‘a taxpayer’s specified research or
experimental expenditures’’ and inserting ‘‘a taxpayer’s
foreign research or experimental expenditures’’, and
(ii) by striking ‘‘over the 5-year period (15-year
period in the case of any specified research or experi-
mental expenditures which are attributable to foreign
research (within the meaning of section 41(d)(4)(F)))’’
in paragraph (2)(B) and inserting ‘‘over the 15-year
period’’,
(B) in subsection (b)—
(i) by striking ‘‘specified research’’ and inserting
‘‘foreign research’’,
(ii) by inserting ‘‘and which are attributable to
foreign research (within the meaning of section
41(d)(4)(F))’’ before the period at the end, and
(iii) by striking ‘‘SPECIFIED’’ in the heading thereof
and inserting ‘‘FOREIGN’’, and
(C) in subsection (d)—
(i) by striking ‘‘specified research or experimental
expenditures’’ and inserting ‘‘foreign research or experi-
mental expenditures’’, and
(ii) by inserting ‘‘or reduction to amount realized’’
after ‘‘no deduction’’.
(2) RESEARCH CREDIT.—
(A) Section 41(d)(1)(A) is amended to read as follows:
‘‘(A) with respect to which expenditures are treated
as domestic research or experimental expenditures under
section 174A,’’.
(B) Section 280C(c)(1) is amended to read as follows:
H. R. 1—121
‘‘(1) IN GENERAL.—The domestic research or experimental
expenditures (as defined in section 174A(b)) otherwise taken
into account as a deduction or charged to capital account under
this chapter shall be reduced by the amount of the credit
allowed under section 41(a).’’.
(3) AMT ADJUSTMENT.—Section 56(b)(2) is amended—
(A) in subparagraph (A)—
(i) by striking ‘‘or 174(a)’’ in the matter preceding
clause (i) and inserting ‘‘, 174(a), or 174A(a)’’, and
(ii)
by
striking
‘‘research
and
experimental
expenditures described in section 174(a)’’ in clause (ii)
thereof and inserting ‘‘foreign research or experimental
expenditures described in section 174(a) and domestic
research or experimental expenditures in section
174A(a)’’, and
(B) in subparagraph (C), by inserting ‘‘or 174A(a)’’ after
‘‘174(a)’’.
(4) OPTIONAL
10-YEAR
WRITEOFF.—Section 59(e)(2)(B) is
amended by striking ‘‘section 174(a) (relating to research and
experimental expenditures)’’ and inserting ‘‘section 174A(a)
(relating to domestic research or experimental expenditures)’’.
(5) QUALIFIED SMALL ISSUE BONDS.—Section 144(a)(4)(C)(iv)
is amended by striking ‘‘174(a)’’ and inserting ‘‘174A(a)’’.
(6) START-UP EXPENDITURES.—Section 195(c)(1) is amended
by striking ‘‘or 174’’ in the last sentence and inserting ‘‘174,
or 174A’’.
(7) CAPITAL EXPENDITURES.—
(A) Section 263(a)(1)(B) is amended by inserting ‘‘or
174A’’ after ‘‘174’’.
(B) Section 263A(c)(2) is amended by inserting ‘‘or
174A’’ after ‘‘174’’.
(8) ACTIVE BUSINESS COMPUTER SOFTWARE ROYALTIES.—Sec-
tion 543(d)(4)(A)(i) is amended by inserting ‘‘174A,’’ after ‘‘174,’’.
(9) SOURCE RULES.—Section 864(g)(2) is amended—
(A) by striking ‘‘research and experimental expendi-
tures within the meaning of section 174’’ in the first sen-
tence and inserting ‘‘foreign research or experimental
expenditures within the meaning of section 174 or domestic
research or experimental expenditures within the meaning
of section 174A’’, and
(B) in the last sentence—
(i) by striking ‘‘treated as deferred expenses under
subsection (b) of section 174’’ and inserting ‘‘allowed
as an amortization deduction under section 174(a) or
section 174A(c),’’, and
(ii) by striking ‘‘such subsection’’ and inserting
‘‘such section (as the case may be)’’.
(10) BASIS ADJUSTMENT.—Section 1016(a)(14) is amended
by striking ‘‘deductions as deferred expenses under section
174(b)(1) (relating to research and experimental expenditures)’’
and inserting ‘‘deductions under section 174 or 174A(c)’’.
(11) SMALL
BUSINESS
STOCK.—Section 1202(e)(2)(B) is
amended by striking ‘‘which may be treated as research and
experimental expenditures under section 174’’ and inserting
‘‘which are treated as foreign research or experimental expendi-
tures under section 174 or domestic research or experimental
expenditures under section 174A’’.
H. R. 1—122
(c) CHANGE IN METHOD OF ACCOUNTING.—
(1) IN
GENERAL.—The amendments made by subsection
(a) shall be treated as a change in method of accounting for
purposes of section 481 of the Internal Revenue Code of 1986
and—
(A) such change shall be treated as initiated by the
taxpayer,
(B) such change shall be treated as made with the
consent of the Secretary, and
(C) such change shall be applied only on a cut-off
basis for any domestic research or experimental expendi-
tures (as defined in section 174A(b) of such Code (as added
by this section) and determined by applying the rules of
section 174A(d) of such Code) paid or incurred in taxable
years beginning after December 31, 2024, and no adjust-
ments under section 481(a) shall be made.
(2) SPECIAL RULES.—In the case of a taxable year which
begins after December 31, 2024, and ends before the date
of the enactment of this Act—
(A) paragraph (1)(C) shall not apply, and
(B) the change in method of accounting under para-
graph (1) shall be applied on a modified cut-off basis,
taking into account for purposes of section 481(a) of such
Code only the domestic research or experimental expendi-
tures (as defined in section 174A(b) of such Code (as added
by this section) and determined by applying the rules of
section 174A(d) of such Code) paid or incurred in such
taxable year but not allowed as a deduction in such taxable
year.
(d) CLERICAL AMENDMENT.—The table of sections for part VI
of subchapter B of chapter 1 is amended by inserting after the
item relating to section 174 the following new item:
‘‘Sec. 174A. Domestic research or experimental expenditures.’’.
(e) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as otherwise provided in this sub-
section or subsection (f)(1), the amendments made by this sec-
tion shall apply to amounts paid or incurred in taxable years
beginning after December 31, 2024.
(2) TREATMENT OF FOREIGN RESEARCH OR EXPERIMENTAL
EXPENDITURES UPON DISPOSITION.—
(A) IN
GENERAL.—The amendment by subsection
(b)(1)(C)(ii) shall apply to property disposed, retired, or
abandoned after May 12, 2025.
(B) NO
INFERENCE.—The amendment made by sub-
section (b)(1)(C)(ii) shall not be construed to create any
inference with respect to the proper application of section
174(d) of the Internal Revenue Code of 1986 with respect
to taxable years beginning before May 13, 2025.
(3) COORDINATION WITH RESEARCH CREDIT.—The amend-
ment made by subsection (b)(2)(B) shall apply to taxable years
beginning after December 31, 2024.
(4) NO INFERENCE WITH RESPECT TO COORDINATION WITH
RESEARCH CREDIT FOR PRIOR PERIODS.—The amendment made
by subsection (b)(2)(B) shall not be construed to create any
inference with respect to the proper application of section
280C(c) of the Internal Revenue Code of 1986 with respect
to taxable years beginning before January 1, 2025.
H. R. 1—123
(f) TRANSITION RULES.—
(1) ELECTION FOR RETROACTIVE APPLICATION BY CERTAIN
SMALL BUSINESSES.—
(A) IN GENERAL.—At the election of an eligible tax-
payer, paragraphs (1) and (3) of subsection (e) shall each
be applied by substituting ‘‘December 31, 2021’’ for
‘‘December 31, 2024’’. An election made under this subpara-
graph shall be made in such manner as the Secretary
may provide and not later than the date that is 1 year
after the date of the enactment of this Act. The taxpayer
shall file an amended return for each taxable year affected
by such election.
(B) ELIGIBLE TAXPAYER.—For purposes of this para-
graph, the term ‘‘eligible taxpayer’’ means any taxpayer
(other than a tax shelter prohibited from using the cash
receipts and disbursements method of accounting under
section 448(a)(3)) which meets the gross receipts test of
section 448(c) for the first taxable year beginning after
December 31, 2024.
(C) ELECTION
TREATED
AS
CHANGE
IN
METHOD
OF
ACCOUNTING.—In the case of any taxpayer which elects
the application of subparagraph (A)—
(i) such election may be treated as a change in
method of accounting for purposes of section 481 of
such Code for the taxpayer’s first taxable year affected
by such election,
(ii) such change shall be treated as initiated by
the taxpayer for such taxable year,
(iii) such change shall be treated as made with
the consent of the Secretary, and
(iv) subsection (c) shall not apply to such taxpayer.
(D)
ELECTION
REGARDING
COORDINATION
WITH
RESEARCH CREDIT.—An election under section 280C(c)(2)
of the Internal Revenue Code of 1986 (or revocation of
such election) for any taxable year beginning after
December 31, 2021, by an eligible taxpayer making an
election under subparagraph (A) shall not fail to be treated
as timely made (or as made on the return) if made during
the 1-year period beginning on the date of the enactment
of this Act on an amended return for such taxable year.
(2) ELECTION TO DEDUCT CERTAIN UNAMORTIZED AMOUNTS
PAID
OR
INCURRED
IN
TAXABLE
YEARS
BEGINNING
BEFORE
JANUARY 1, 2025.—
(A) IN GENERAL.—In the case of any domestic research
or experimental expenditures (as defined in section 174A,
as added by subsection (a)) which are paid or incurred
in taxable years beginning after December 31, 2021, and
before January 1, 2025, and which was charged to capital
account, a taxpayer may elect—
(i) to deduct any remaining unamortized amount
with respect to such expenditures in the first taxable
year beginning after December 31, 2024, or
(ii) to deduct such remaining unamortized amount
with respect to such expenditures ratably over the
2-taxable year period beginning with the first taxable
year beginning after December 31, 2024.
H. R. 1—124
(B) CHANGE IN METHOD OF ACCOUNTING.—In the case
of a taxpayer who makes an election under this para-
graph—
(i) such taxpayer shall be treated as initiating
a change in method of accounting for purposes of sec-
tion 481 of the Internal Revenue Code of 1986 with
respect to the expenditures to which the election
applies,
(ii) such change shall be treated as made with
the consent of the Secretary, and
(iii) such change shall be applied only on a cut-
off basis for such expenditures and no adjustments
under section 481(a) shall be made.
(C) REGULATIONS.—The Secretary of the Treasury (or
the Secretary’s delegate) shall publish such guidance or
regulations as may be necessary to carry out the purposes
of this paragraph, including regulations or guidance
allowing for the deduction allowed under subparagraph
(A) in the case of taxpayers with taxable years beginning
after December 31, 2024, and ending before the date of
the enactment of this Act.
SEC. 70303. MODIFICATION OF LIMITATION ON BUSINESS INTEREST.
(a) IN GENERAL.—Section 163(j)(8)(A)(v) is amended by striking
‘‘in the case of taxable years beginning before January 1, 2022,’’.
(b) FLOOR PLAN FINANCING APPLICABLE TO CERTAIN TRAILERS
AND CAMPERS.—Section 163(j)(9)(C) is amended by adding at the
end the following new flush sentence:
‘‘Such term shall also include any trailer or camper which
is designed to provide temporary living quarters for rec-
reational, camping, or seasonal use and is designed to
be towed by, or affixed to, a motor vehicle.’’.
(c) EFFECTIVE DATE AND SPECIAL RULE.—
(1) IN GENERAL.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2024.
(2) SPECIAL RULE FOR SHORT TAXABLE YEARS.—The Sec-
retary of the Treasury (or the Secretary’s delegate) may pre-
scribe such rules as are necessary or appropriate to provide
for the application of the amendments made by this section
in the case of any taxable year of less than 12 months that
begins after December 31, 2024, and ends before the date
of the enactment of this Act.
SEC. 70304. EXTENSION AND ENHANCEMENT OF PAID FAMILY AND
MEDICAL LEAVE CREDIT.
(a) IN GENERAL.—Section 45S is amended—
(1) in subsection (a)—
(A) by striking paragraph (1) and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—For purposes of section 38, in the case
of an eligible employer, the paid family and medical leave
credit is an amount equal to either of the following (as elected
by such employer):
‘‘(A) The applicable percentage of the amount of wages
paid to qualifying employees with respect to any period
in which such employees are on family and medical leave.
‘‘(B) If such employer has an insurance policy with
regards to the provision of paid family and medical leave
H. R. 1—125
which is in force during the taxable year, the applicable
percentage of the total amount of premiums paid or
incurred by such employer during such taxable year with
respect to such insurance policy.’’, and
(B) by adding at the end the following:
‘‘(3) RATE OF PAYMENT DETERMINED WITHOUT REGARD TO
WHETHER LEAVE IS TAKEN.—For purposes of determining the
applicable percentage with respect to paragraph (1)(B), the
rate of payment under the insurance policy shall be determined
without regard to whether any qualifying employees were on
family and medical leave during the taxable year.’’,
(2) in subsection (b)(1), by striking ‘‘credit allowed’’ and
inserting ‘‘wages taken into account’’,
(3) in subsection (c), by striking paragraphs (3) and (4)
and inserting the following:
‘‘(3) AGGREGATION RULE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), all persons which are treated as a single employer
under subsections (b) and (c) of section 414 shall be treated
as a single employer.
‘‘(B) EXCEPTION.—
‘‘(i) IN
GENERAL.—Subparagraph (A) shall not
apply to any person who establishes to the satisfaction
of the Secretary that such person has a substantial
and legitimate business reason for failing to provide
a written policy described in paragraph (1) or (2).
‘‘(ii) SUBSTANTIAL AND LEGITIMATE BUSINESS REA-
SON.—For purposes of clause (i), the term ‘substantial
and legitimate business reason’ shall not include the
operation of a separate line of business, the rate of
wages or category of jobs for employees (or any similar
basis), or the application of State or local laws relating
to family and medical leave, but may include the
grouping of employees of a common law employer.
‘‘(4) TREATMENT OF BENEFITS MANDATED OR PAID FOR BY
STATE OR LOCAL GOVERNMENTS.—For purposes of this section,
any leave which is paid by a State or local government or
required by State or local law—
‘‘(A) except as provided in subparagraph (B), shall be
taken into account in determining the amount of paid
family and medical leave provided by the employer, and
‘‘(B) shall not be taken into account in determining
the amount of the paid family and medical leave credit
under subsection (a).’’,
(4) in subsection (d)—
(A) in paragraph (1), by inserting ‘‘(or, at the election
of the employer, for not less than 6 months)’’ after ‘‘1
year or more’’,
(B) in paragraph (2)—
(i) by inserting ‘‘, as determined on an annualized
basis (pro-rata for part-time employees),’’ after ‘‘com-
pensation’’, and
(ii) by striking the period at the end and inserting
‘‘, and’’, and
(C) by adding at the end the following:
‘‘(3) is customarily employed for not less than 20 hours
per week.’’, and
H. R. 1—126
(5) by striking subsection (i).
(b) NO DOUBLE BENEFIT.—Section 280C(a) is amended—
(1) by striking ‘‘45S(a)’’ and inserting ‘‘45S(a)(1)(A)’’, and
(2) by inserting after the first sentence the following: ‘‘No
deduction shall be allowed for that portion of the premiums
paid or incurred for the taxable year which is equal to that
portion of the paid family and medical leave credit which is
determined for the taxable year under section 45S(a)(1)(B).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70305. EXCEPTIONS FROM LIMITATIONS ON DEDUCTION FOR
BUSINESS MEALS.
(a) EXCEPTION
TO
DENIAL
OF
DEDUCTION
FOR
BUSINESS
MEALS.—Section 274(o), as added by section 13304 of Public Law
115-97, is amended by striking ‘‘No deduction’’ and inserting ‘‘Except
in the case of an expense described in subsection (e)(8) or (n)(2)(C),
no deduction’’.
(b) MEALS PROVIDED ON CERTAIN FISHING BOATS AND AT CER-
TAIN FISH PROCESSING FACILITIES NOT SUBJECT TO 50 PERCENT
LIMITATION.—Section 274(n)(2)(C) of the Internal Revenue Code
of 1986 is amended by striking ‘‘or’’ at the end of clause (iii)
and by adding at the end the following new clause:
‘‘(v) provided—
‘‘(I) on a fishing vessel, fish processing vessel,
or fish tender vessel (as such terms are defined
in section 2101 of title 46, United States Code),
or
‘‘(II) at a facility for the processing of fish
for commercial use or consumption which—
‘‘(aa) is located in the United States north
of 50 degrees north latitude, and
‘‘(bb) is not located in a metropolitan
statistical area (within the meaning of section
143(k)(2)(B)), or’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to amounts paid or incurred after December 31, 2025.
SEC. 70306. INCREASED DOLLAR LIMITATIONS FOR EXPENSING OF
CERTAIN DEPRECIABLE BUSINESS ASSETS.
(a) IN GENERAL.—Section 179(b) is amended—
(1) in paragraph (1), by striking ‘‘$1,000,000’’ and inserting
‘‘$2,500,000’’, and
(2) in paragraph (2), by striking ‘‘$2,500,000’’ and inserting
‘‘$4,000,000’’.
(b)
CONFORMING
AMENDMENTS.—Section
179(b)(6)(A)
is
amended—
(1) by inserting ‘‘(2025 in the case of the dollar amounts
in paragraphs (1) and (2))’’ after ‘‘In the case of any taxable
year beginning after 2018’’, and
(2) in clause (ii), by striking ‘‘determined by substituting
‘calendar year 2017’ for ‘calendar year 2016’ in subparagraph
(A)(ii) thereof.’’ and inserting ″determined by substituting in
subparagraph (A)(ii) thereof— ‘‘
‘‘(I) in the case of amounts in paragraphs (1)
and (2), ‘calendar year 2024’ for ‘calendar year
2016’, and
H. R. 1—127
‘‘(II) in the case of the amount in paragraph
(5)(A), ‘calendar year 2017’ for ‘calendar year
2016’.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to property placed in service in taxable years beginning
after December 31, 2024.
SEC. 70307. SPECIAL DEPRECIATION ALLOWANCE FOR QUALIFIED
PRODUCTION PROPERTY.
(a) IN GENERAL.—Section 168 is amended by adding at the
end the following new subsection:
‘‘(n) SPECIAL ALLOWANCE FOR QUALIFIED PRODUCTION PROP-
ERTY.—
‘‘(1) IN GENERAL.—In the case of any qualified production
property of a taxpayer making an election under this sub-
section—
‘‘(A) the depreciation deduction provided by section
167(a) for the taxable year in which such property is placed
in service shall include an allowance equal to 100 percent
of the adjusted basis of the qualified production property,
and
‘‘(B) the adjusted basis of the qualified production prop-
erty shall be reduced by the amount of such deduction
before computing the amount otherwise allowable as a
depreciation deduction under this chapter for such taxable
year and any subsequent taxable year.
‘‘(2) QUALIFIED
PRODUCTION
PROPERTY.—For purposes of
this subsection—
‘‘(A) IN GENERAL.—The term ‘qualified production prop-
erty’ means that portion of any nonresidential real prop-
erty—
‘‘(i) to which this section applies,
‘‘(ii) which is used by the taxpayer as an integral
part of a qualified production activity,
‘‘(iii) which is placed in service in the United States
or any possession of the United States,
‘‘(iv) the original use of which commences with
the taxpayer,
‘‘(v) the construction of which begins after January
19, 2025, and before January 1, 2029,
‘‘(vi) which is designated by the taxpayer in the
election made under this subsection, and
‘‘(vii) which is placed in service before January
1, 2031.
For purposes of clause (ii), in the case of property with
respect to which the taxpayer is a lessor, property used
by a lessee shall not be considered to be used by the
taxpayer as part of a qualified production activity.
‘‘(B) SPECIAL RULE FOR CERTAIN PROPERTY NOT PRE-
VIOUSLY USED IN QUALIFIED PRODUCTION ACTIVITIES.—
‘‘(i) IN GENERAL.—In the case of property acquired
by the taxpayer during the period described in subpara-
graph (A)(v), the requirements of clauses (iv) and (v)
of subparagraph (A) shall be treated as satisfied if—
‘‘(I) such property was not used in a qualified
production activity (determined without regard to
the second sentence of subparagraph (D)) by any
H. R. 1—128
person at any time during the period beginning
on January 1, 2021, and ending on May 12, 2025,
‘‘(II) such property was not used by the tax-
payer at any time prior to such acquisition, and
‘‘(III) the acquisition of such property meets
the requirements of paragraphs (2)(A), (2)(B),
(2)(C), and (3) of section 179(d).
‘‘(ii) WRITTEN BINDING CONTRACTS.—For purposes
of determining under clause (i)—
‘‘(I) whether such property is acquired before
the period described in subparagraph (A)(v), such
property shall be treated as acquired not later
than the date on which the taxpayer enters into
a written binding contract for such acquisition,
and
‘‘(II) whether such property is acquired after
such period, such property shall be treated as
acquired not earlier than such date.
‘‘(C) EXCLUSION
OF
OFFICE
SPACE, ETC.—The term
‘qualified production property’ shall not include that portion
of any nonresidential real property which is used for offices,
administrative services, lodging, parking, sales activities,
research activities, software development or engineering
activities, or other functions unrelated to the manufac-
turing, production, or refining of tangible personal property.
‘‘(D) QUALIFIED
PRODUCTION
ACTIVITY.—The term
‘qualified production activity’ means the manufacturing,
production, or refining of a qualified product. The activities
of any taxpayer do not constitute manufacturing, produc-
tion, or refining of a qualified product unless the activities
of such taxpayer result in a substantial transformation
of the property comprising the product.
‘‘(E) PRODUCTION.—The term ‘production’ shall not
include activities other than agricultural production and
chemical production.
‘‘(F) QUALIFIED PRODUCT.—The term ‘qualified product’
means any tangible personal property if such property is
not a food or beverage prepared in the same building
as a retail establishment in which such property is sold.
‘‘(G) SYNDICATION.—For purposes of subparagraph
(A)(iv), rules similar to the rules of subsection (k)(2)(E)(iii)
shall apply.
‘‘(H) EXTENSION OF PLACED IN SERVICE DATE UNDER
CERTAIN CIRCUMSTANCES.—The Secretary may extend the
date under subparagraph (A)(vii) with respect to any prop-
erty that meets the requirements of clauses (i) through
(vi) of subparagraph (A) if the Secretary determines that
an act of God (as defined in section 101(1) of the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980) prevents the taxpayer from placing
such property in service before such date.
‘‘(3) DEDUCTION ALLOWED IN COMPUTING MINIMUM TAX.—
For purposes of determining alternative minimum taxable
income under section 55, the deduction under section 167 for
qualified production property shall be determined under this
section without regard to any adjustment under section 56.
‘‘(4) COORDINATION WITH CERTAIN OTHER PROVISIONS.—
H. R. 1—129
‘‘(A) OTHER SPECIAL DEPRECIATION ALLOWANCES.—For
purposes of subsections (k)(7), (l)(3)(D), and (m)(2)(B)(iii)—
‘‘(i) qualified production property shall be treated
as a separate class of property, and
‘‘(ii) the taxpayer shall be treated as having made
an election under such subsections with respect to
such class.
‘‘(B) ALTERNATIVE DEPRECIATION PROPERTY.—The term
‘qualified production property’ shall not include any prop-
erty to which the alternative depreciation system under
subsection (g) applies. For purposes of subsection (g)(7)(A),
qualified production property to which this subsection
applies shall be treated as separate nonresidential real
property.
‘‘(5) RECAPTURE.—If, at any time during the 10-year period
beginning on the date that any qualified production property
is placed in service by the taxpayer, such property ceases to
be used as described in paragraph (2)(A)(ii) and is used by
the taxpayer in a productive use not described in paragraph
(2)(A)(ii)—
‘‘(A) section 1245 shall be applied—
‘‘(i) by treating such property as having been dis-
posed of by the taxpayer as of the first time such
property is so used in a productive use not described
in paragraph (2)(A)(ii), and
‘‘(ii) by treating the amount described in subpara-
graph (B) of section 1245(a)(1) with respect to such
disposition as being not less than the amount described
in subparagraph (A) of such section, and
‘‘(B) the basis of the taxpayer in such property, and
the taxpayer’s allowance for depreciation with respect to
such property, shall be appropriately adjusted to take into
account amounts recognized by reason of subparagraph
(A).
‘‘(6) ELECTION.—
‘‘(A) IN GENERAL.—An election under this subsection
for any taxable year shall—
‘‘(i) specify the nonresidential real property subject
to the election and the portion of such property des-
ignated under paragraph (2)(A)(vi), and
‘‘(ii) except as otherwise provided by the Secretary,
be made on the taxpayer’s return of the tax imposed
by this chapter for the taxable year.
Such election shall be made in such manner as the Sec-
retary may prescribe by regulations or other guidance.
‘‘(B) ELECTION.—Any election made under this sub-
section, and any specification contained in any such elec-
tion, may not be revoked except with the consent of the
Secretary (and the Secretary shall provide such consent
only in extraordinary circumstances).
‘‘(7) REGULATIONS.—The Secretary shall issue such regula-
tions or other guidance as may be necessary or appropriate
to carry out the purposes of this subsection, including regula-
tions or other guidance—
‘‘(A) providing rules for regarding what constitutes
substantial transformation of property which are consistent
with guidance provided under section 954(d), and
H. R. 1—130
‘‘(B) providing for the application of paragraph (5) with
respect to a change in use described in such paragraph
by a transferee following a fully or partially tax free
transfer of qualified production property.’’.
(b) TREATMENT OF QUALIFIED PRODUCTION PROPERTY AS SEC-
TION 1245 PROPERTY.—Section 1245(a)(3) is amended by striking
‘‘or’’ at the end of subparagraph (E), by striking the period at
the end of subparagraph (F) and inserting ‘‘, or’’, and by adding
at the end the following new subparagraph:
‘‘(G) any qualified production property (as defined in
section 168(n)(2)).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to property placed in service after the date of the
enactment of this Act.
SEC. 70308. ENHANCEMENT OF ADVANCED MANUFACTURING INVEST-
MENT CREDIT.
(a) IN GENERAL.—Section 48D(a) is amended by striking ‘‘25
percent’’ and inserting ‘‘35 percent’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to property placed in service after December 31, 2025.
SEC. 70309. SPACEPORTS ARE TREATED LIKE AIRPORTS UNDER
EXEMPT FACILITY BOND RULES.
(a) IN GENERAL.—Section 142(a)(1) is amended to read as fol-
lows:
‘‘(1) airports and spaceports,’’.
(b) TREATMENT
OF
GROUND
LEASES.—Section 142(b)(1) is
amended by adding at the end the following new subparagraph:
‘‘(C) SPECIAL RULE FOR SPACEPORT GROUND LEASES.—
For purposes of subparagraph (A), spaceport property
located on land leased by a governmental unit from the
United States shall not fail to be treated as owned by
a governmental unit if the requirements of this paragraph
are met by the lease and any subleases of the property.’’.
(c) DEFINITION
OF SPACEPORT.—Section 142 is amended by
adding at the end the following new subsection:
‘‘(p) SPACEPORT.—
‘‘(1) IN GENERAL.—For purposes of subsection (a)(1), the
term ‘spaceport’ means any facility located at or in close prox-
imity to a launch site or reentry site used for—
‘‘(A) manufacturing, assembling, or repairing space-
craft, space cargo, other facilities described in this para-
graph, or any component of the foregoing,
‘‘(B) flight control operations,
‘‘(C) providing launch services and reentry services,
or
‘‘(D) transferring crew, spaceflight participants, or
space cargo to or from spacecraft.
‘‘(2) ADDITIONAL TERMS.—For purposes of paragraph (1)—
‘‘(A) SPACE CARGO.—The term ‘space cargo’ includes
satellites, scientific experiments, other property trans-
ported into space, and any other type of payload, whether
or not such property returns from space.
‘‘(B) SPACECRAFT.—The term ‘spacecraft’ means a
launch vehicle or a reentry vehicle.
‘‘(C) OTHER
TERMS.—The terms ‘launch site’, ‘crew’,
‘space flight participant’, ‘launch services’, ‘launch vehicle’,
H. R. 1—131
‘payload’, ‘reentry services’, ‘reentry site’, a ‘reentry vehicle’
shall have the respective meanings given to such terms
by section 50902 of title 51, United States Code (as in
effect on the date of enactment of this subsection).
‘‘(3) PUBLIC
USE
REQUIREMENT.—A facility shall not be
required to be available for use by the general public to be
treated as a spaceport for purposes of this section.
‘‘(4) MANUFACTURING
FACILITIES
AND
INDUSTRIAL
PARKS
ALLOWED.—With respect to spaceports, subsection (c)(2)(E) shall
not apply to spaceport property described in paragraph (1)(A).’’.
(d) EXCEPTION FROM FEDERALLY GUARANTEED BOND PROHIBI-
TION.—Section 149(b)(3) is amended by adding at the end the fol-
lowing new subparagraph:
‘‘(F) EXCEPTION FOR SPACEPORTS.—A bond shall not
be treated as federally guaranteed merely because of the
payment of rent, user fees, or other charges by the United
States (or any agency or instrumentality thereof) in
exchange for the use of the spaceport by the United States
(or any agency or instrumentality thereof).’’.
(e) CONFORMING AMENDMENT.—The heading for section 142(c)
is amended by inserting ‘‘SPACEPORTS,’’ after ‘‘AIRPORTS,’’.
(f) EFFECTIVE DATE.—The amendments made by this section
shall apply to obligations issued after the date of the enactment
of this Act.
Subchapter B—Permanent America-first International Tax
Reforms
PART I—FOREIGN TAX CREDIT
SEC. 70311. MODIFICATIONS RELATED TO FOREIGN TAX CREDIT
LIMITATION.
(a) RULES FOR ALLOCATION OF CERTAIN DEDUCTIONS TO FOR-
EIGN SOURCE NET CFC TESTED INCOME FOR PURPOSES OF FOREIGN
TAX CREDIT LIMITATION.—Section 904(b) is amended by adding
at the end the following new paragraph:
‘‘(5) DEDUCTIONS
TREATED
AS
ALLOCABLE
TO
FOREIGN
SOURCE NET CFC TESTED INCOME.—Solely for purposes of the
application of subsection (a) with respect to amounts described
in subsection (d)(1)(A), the taxpayer’s taxable income from
sources without the United States shall be determined by allo-
cating and apportioning—
‘‘(A) any deduction allowed under section 250(a)(1)(B)
(and any deduction allowed under section 164(a)(3) for
taxes imposed on amounts described in section 250(a)(1)(B))
to such income,
‘‘(B) no amount of interest expense or research and
experimental expenditures to such income, and
‘‘(C) any other deduction to such income only if such
deduction is directly allocable to such income.
Any amount or deduction which would (but for subparagraphs
(B) and (C)) have been allocated or apportioned to such income
shall only be allocated or apportioned to income which is from
sources within the United States.’’.
(b) OTHER MODIFICATIONS.—
(1) Section 904(d)(2)(H)(i) is amended by striking ‘‘para-
graph (1)(B)’’ and inserting ‘‘paragraph (1)(D)’’.
H. R. 1—132
(2) Section 904(d)(4)(C)(ii) is amended by striking ‘‘para-
graph (1)(A)’’ and inserting ‘‘paragraph (1)(C)’’.
(3) Section 951A(f)(1)(A) is amended by striking ‘‘904(h)(1)’’
and inserting ‘‘904(h)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70312. MODIFICATIONS TO DETERMINATION OF DEEMED PAID
CREDIT FOR TAXES PROPERLY ATTRIBUTABLE TO
TESTED INCOME.
(a) INCREASE IN DEEMED PAID CREDIT.—
(1) IN GENERAL.—Section 960(d)(1) is amended by striking
‘‘80 percent’’ and inserting ‘‘90 percent’’.
(2) GROSS UP FOR DEEMED PAID FOREIGN TAX CREDIT.—
Section 78 is amended—
(A) by striking ‘‘subsections (a), (b), and (d)’’ and
inserting ‘‘subsections (a) and (d)’’, and
(B) by striking ‘‘80 percent’’ and inserting ‘‘90 percent’’.
(b) DISALLOWANCE OF FOREIGN TAX CREDIT WITH RESPECT TO
DISTRIBUTIONS OF PREVIOUSLY TAXED NET CFC TESTED INCOME.—
Section 960(d) is amended by adding at the end the following
new paragraph:
‘‘(4) DISALLOWANCE OF FOREIGN TAX CREDIT WITH RESPECT
TO
DISTRIBUTIONS
OF
PREVIOUSLY
TAXED
NET
CFC
TESTED
INCOME.—No credit shall be allowed under section 901 for
10 percent of any foreign income taxes paid or accrued (or
deemed paid under subsection (b)(1)) with respect to any
amount excluded from gross income under section 959(a) by
reason of an inclusion in gross income under section 951A(a).’’.
(c) EFFECTIVE DATES.—
(1) IN
GENERAL.—The amendments made by subsection
(a) shall apply to taxable years beginning after December 31,
2025.
(2) DISALLOWANCE.—The amendment made by subsection
(b) shall apply to foreign income taxes paid or accrued (or
deemed paid under section 960(b)(1) of the Internal Revenue
Code of 1986) with respect to any amount excluded from gross
income under section 959(a) of such Code by reason of an
inclusion in gross income under section 951A(a) of such Code
after June 28, 2025.
SEC. 70313. SOURCING CERTAIN INCOME FROM THE SALE OF INVEN-
TORY PRODUCED IN THE UNITED STATES.
(a) IN GENERAL.—Section 904(b), as amended by section 70311,
is amended by adding at the end the following new paragraph:
‘‘(6) SOURCE RULES FOR CERTAIN INVENTORY PRODUCED IN
THE UNITED STATES AND SOLD THROUGH FOREIGN BRANCHES.—
For purposes of this section, if a United States person maintains
an office or other fixed place of business in a foreign country
(determined under rules similar to the rules of section
864(c)(5)), the portion of income which—
‘‘(A) is from the sale or exchange outside the United
States of inventory property (within the meaning of section
865(i)(1))—
‘‘(i) which is produced in the United States,
‘‘(ii) which is for use outside the United States,
and
H. R. 1—133
‘‘(iii) to which the third sentence of section 863(b)
applies, and
‘‘(B) is attributable (determined under rules similar
to the rules of section 864(c)(5)) to such office or other
fixed place of business,
shall be treated as from sources without the United States,
except that the amount so treated shall not exceed 50 percent
of the income from the sale or exchange of such inventory
property.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2025.
PART II—FOREIGN-DERIVED DEDUCTION ELI-
GIBLE INCOME AND NET CFC TESTED IN-
COME
SEC. 70321. MODIFICATION OF DEDUCTION FOR FOREIGN-DERIVED
DEDUCTION ELIGIBLE INCOME AND NET CFC TESTED
INCOME.
(a) IN GENERAL.—Section 250(a) is amended—
(1) by striking ‘‘37.5 percent’’ in paragraph (1)(A) and
inserting ‘‘33.34 percent’’,
(2) by striking ‘‘50 percent’’ in paragraph (1)(B) and
inserting ‘‘40 percent’’, and
(3) by striking paragraph (3).
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70322. DETERMINATION OF DEDUCTION ELIGIBLE INCOME.
(a) SALES OR OTHER DISPOSITIONS OF CERTAIN PROPERTY.—
(1) IN GENERAL.—Section 250(b)(3)(A)(i) is amended—
(A) by striking ‘‘and’’ at the end of subclause (V),
(B) by striking ‘‘over’’ at the end of subclause (VI)
and inserting ‘‘and’’, and
(C) by adding at the end the following new subclause:
‘‘(VII) except as otherwise provided by the Sec-
retary, any income and gain from the sale or other
disposition (including pursuant to the deemed sale
or other deemed disposition or a transaction sub-
ject to section 367(d)) of—
‘‘(aa) intangible property (as defined in
section 367(d)(4)), and
‘‘(bb) any other property of a type that
is subject to depreciation, amortization, or
depletion by the seller, over’’.
(2) CONFORMING
AMENDMENT.—Section 250(b)(5)(E) is
amended by inserting ‘‘(other than paragraph (3)(A)(i)(VII))’’
after ‘‘For purposes of this subsection’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to sales or other dispositions (including
pursuant to deemed sales or other deemed dispositions or a
transaction subject to section 367(d) of the Internal Revenue
Code of 1986) occurring after June 16, 2025.
(b) EXPENSE APPORTIONMENT LIMITED TO PROPERLY ALLOCABLE
EXPENSES.—
H. R. 1—134
(1) IN GENERAL.—Section 250(b)(3)(A)(ii) is amended to read
as follows:
‘‘(ii) expenses and deductions (including taxes),
other than interest expense and research or experi-
mental expenditures, properly allocable to such gross
income.’’.
(2) EFFECTIVE DATE.—The amendment made by this sub-
section shall apply to taxable years beginning after December
31, 2025.
SEC. 70323. RULES RELATED TO DEEMED INTANGIBLE INCOME.
(a) TAXATION OF NET CFC TESTED INCOME.—
(1) IN GENERAL.—Section 951A(a) is amended by striking
‘‘global intangible low-taxed income’’ and inserting ‘‘net CFC
tested income’’.
(2) REPEAL
OF
TAX-FREE
DEEMED
RETURN
ON
FOREIGN
INVESTMENTS.—Section 951A, as amended by the preceding
provisions of this Act, is amended by striking subsections (b)
and (d) and by redesignating subsections (c), (e), and (f) as
subsections (b), (c), and (d), respectively.
(3) CONFORMING AMENDMENTS.—
(A)(i) Section 250 is amended by striking ‘‘global intan-
gible low-taxed income’’ each place it appears in subsections
(a)(1)(B)(i), (a)(2), and (b)(3)(A)(i)(II) and inserting ‘‘net CFC
tested income’’.
(ii) The heading for section 250 of such Code is
amended by striking ‘‘GLOBAL
INTANGIBLE
LOW-TAXED
INCOME’’ and inserting ‘‘NET CFC TESTED INCOME’’.
(iii) The item relating to section 250 in the table of
sections for part VII of subchapter B of chapter 1 of such
Code is amended by striking ‘‘global intangible low-taxed
income’’ and inserting ‘‘net CFC tested income’’.
(B) Section 951A(c)(1), as redesignated by paragraph
(2), is amended by striking ‘‘subsections (b), (c)(1)(A), and
(c)(1)(B)’’ and inserting ‘‘subsections (b)(1)(A) and (b)(1)(B)’’.
(C) Section 951A(d), as redesignated by paragraph (2),
is amended—
(i) by striking ‘‘global intangible low-taxed income’’
each place it appears and inserting ‘‘net CFC tested
income’’, and
(ii) by striking ‘‘subsection (c)(1)(A)’’ in paragraph
(2)(B)(ii) and inserting ‘‘subsection (b)(1)(A)’’.
(D) Section 960(d)(2) is amended—
(i) by striking ‘‘global intangible low-taxed income’’
in subparagraph (A) and inserting ‘‘net CFC tested
income’’, and
(ii) by striking ‘‘section 951A(c)(1)(A)’’ in subpara-
graph (B) and inserting ‘‘section 951A(b)(1)(A)’’.
(E)(i) The heading for section 951A is amended by
striking ‘‘GLOBAL INTANGIBLE LOW-TAXED INCOME’’ and
inserting ‘‘NET CFC TESTED INCOME’’.
(ii) The item relating to section 951A in the table
of sections for subpart F of part III of subchapter N of
chapter 1 is amended by striking ‘‘Global intangible low-
taxed income’’ and inserting ‘‘Net CFC tested income’’.
(b) DEDUCTION
FOR FOREIGN-DERIVED DEDUCTION ELIGIBLE
INCOME.—
H. R. 1—135
(1) IN
GENERAL.—Section 250(a)(1)(A) is amended by
striking ‘‘foreign-derived intangible income’’ and inserting ‘‘for-
eign-derived deduction eligible income’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 250(a)(2) is amended by striking ‘‘foreign-
derived intangible income’’ each place it appears and
inserting ‘‘foreign-derived deduction eligible income’’.
(B) Section 250(b), as amended by subsection (a), is
amended—
(i) by striking paragraphs (1) and (2),
(ii) by redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively, and by moving
such paragraphs before paragraph (3),
(iii) in paragraph (2)(B)(ii), as so redesignated, by
striking ‘‘paragraph (4)(B)’’ and inserting ‘‘paragraph
(1)(B)’’, and
(iv) by striking ‘‘INTANGIBLE’’ in the heading
thereof and inserting ‘‘DEDUCTION ELIGIBLE’’.
(C)(i) The heading for section 250 is amended by
striking ‘‘INTANGIBLE’’ in the heading thereof and inserting
‘‘DEDUCTION ELIGIBLE’’.
(ii) The heading for section 172(d)(9) is amended by
striking ‘‘INTANGIBLE’’ and inserting ‘‘DEDUCTION ELIGIBLE’’.
(iii) The item relating to section 250 in the table of
sections for part VIII of subchapter B of chapter 1 is
amended by striking ‘‘intangible’’ and inserting ‘‘deduction
eligible’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
PART III—BASE EROSION MINIMUM TAX
SEC. 70331. EXTENSION AND MODIFICATION OF BASE EROSION MIN-
IMUM TAX AMOUNT.
(a) IN GENERAL.—Section 59A(b) is amended—
(1) by striking ‘‘10 percent’’ in paragraph (1) and inserting
‘‘10.5 percent’’, and
(2) by striking paragraph (2) and by redesignating para-
graphs (3) and (4) as paragraphs (2) and (3), respectively.
(b) CONFORMING AMENDMENTS.—
(1) Section 59A(b)(1) is amended by striking ‘‘Except as
provided in paragraphs (2) and (3)’’ and inserting ‘‘Except as
provided in paragraph (2)’’.
(2) Section 59A(b)(2), as redesignated by subsection (a)(2),
is amended by striking ‘‘the percentage otherwise in effect
under paragraphs (1)(A) and (2)(A) shall each be increased’’
and inserting ‘‘the percentages otherwise in effect under para-
graph (1)(A) shall be increased’’.
(3) Section 59A(e)(1)(C) is amended by striking ‘‘in the
case of a taxpayer described in subsection (b)(3)(B)’’ and
inserting ‘‘in the case of a taxpayer described in subsection
(b)(2)(B)’’.
(c) OTHER MODIFICATIONS.—
(1) Section 59A(b)(2)(B)(ii), as redesignated by subsection
(a)(2), is amended by striking ‘‘registered securities dealer’’
and inserting ‘‘securities dealer registered’’.
H. R. 1—136
(2) Section 59A(h)(2)(B) is amended by striking ‘‘section
6038B(b)(2)’’ and inserting ‘‘section 6038A(b)(2)’’.
(3) Section 59A(i)(2) is amended—
(A) by striking ‘‘subsection (g)’’ and inserting ‘‘sub-
section (h)’’, and
(B) by striking ‘‘subsection (g)(3)’’ and inserting ‘‘sub-
section (h)(3)’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
PART IV—BUSINESS INTEREST LIMITATION
SEC. 70341. COORDINATION OF BUSINESS INTEREST LIMITATION WITH
INTEREST CAPITALIZATION PROVISIONS.
(a) IN GENERAL.—Section 163(j) is amended by redesignating
paragraphs (10) and (11) as paragraphs (11) and (12) and by
inserting after paragraph (9) the following:
‘‘(10) COORDINATION WITH INTEREST CAPITALIZATION PROVI-
SIONS.—
‘‘(A) IN GENERAL.—In applying this subsection—
‘‘(i) the limitation under paragraph (1) shall apply
to business interest without regard to whether the
taxpayer would otherwise deduct such business
interest or capitalize such business interest under an
interest capitalization provision, and
‘‘(ii) any reference in this subsection to a deduction
for business interest shall be treated as including a
reference to the capitalization of business interest.
‘‘(B) AMOUNT ALLOWED APPLIED FIRST TO CAPITALIZED
INTEREST.—The amount allowed after taking into account
the limitation described in paragraph (1)—
‘‘(i) shall be applied first to the aggregate amount
of business interest which would otherwise be capital-
ized, and
‘‘(ii) the remainder (if any) shall be applied to
the aggregate amount of business interest which would
be deducted.
‘‘(C) TREATMENT
OF
DISALLOWED
INTEREST
CARRIED
FORWARD.—No portion of any business interest carried for-
ward under paragraph (2) from any taxable year to any
succeeding taxable year shall, for purposes of this title
(including any interest capitalization provision which pre-
viously applied to such portion) be treated as interest to
which an interest capitalization provision applies.
‘‘(D) INTEREST
CAPITALIZATION
PROVISION.—For pur-
poses of this section, the term ‘interest capitalization provi-
sion’ means any provision of this subtitle under which
interest—
‘‘(i) is required to be charged to capital account,
or
‘‘(ii) may be deducted or charged to capital
account.’’.
(b) CERTAIN CAPITALIZED INTEREST NOT TREATED AS BUSINESS
INTEREST.—Section 163(j)(5) is amended by adding at the end the
following new sentence: ‘‘Such term shall not include any interest
which is capitalized under section 263(g) or 263A(f).’’.
H. R. 1—137
(c) REGULATORY AUTHORITY.—Section 163(j), as amended by
subsection (a), is amended by redesignating paragraphs (11) and
(12) as paragraphs (12) and (13) and by inserting after paragraph
(10) the following:
‘‘(11) REGULATORY AUTHORITY.—The Secretary shall issue
such regulations or guidance as may be necessary or appro-
priate to carry out the purposes of this subsection, including
regulations or guidance to determine which business interest
is taken into account under this subsection and section
59A(c)(3).’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70342. DEFINITION OF ADJUSTED TAXABLE INCOME FOR BUSI-
NESS INTEREST LIMITATION.
(a) IN GENERAL.—Subparagraph (A) of section 163(j)(8) is
amended—
(1) by striking ‘‘and’’ at the end of clause (iv), and
(2) by adding at the end the following new clause:
‘‘(vi) the amounts included in gross income under
sections 951(a), 951A(a), and 78 (and the portion of
the deductions allowed under sections 245A(a) (by rea-
son of section 964(e)(4)) and 250(a)(1)(B) by reason
of such inclusions), and’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
PART V—OTHER INTERNATIONAL TAX
REFORMS
SEC. 70351. PERMANENT EXTENSION OF LOOK-THRU RULE FOR
RELATED CONTROLLED FOREIGN CORPORATIONS.
(a) IN GENERAL.—Section 954(c)(6)(C) is amended by striking
‘‘and before January 1, 2026,’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years of foreign corporations beginning after
December 31, 2025.
SEC. 70352. REPEAL OF ELECTION FOR 1-MONTH DEFERRAL IN DETER-
MINATION OF TAXABLE YEAR OF SPECIFIED FOREIGN
CORPORATIONS.
(a) IN GENERAL.—Section 898(c) is amended by striking para-
graph (2) and redesignating paragraph (3) as paragraph (2).
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years of specified foreign corporations begin-
ning after November 30, 2025.
(c) TRANSITION RULE.—
(1) IN GENERAL.—In the case of a corporation that is a
specified foreign corporation as of November 30, 2025, such
corporation’s first taxable year beginning after such date shall
end at the same time as the first required year (within the
meaning of section 898(c)(1) of the Internal Revenue Code of
1986) ending after such date. If any specified foreign corporation
is required by the amendments made by this section to change
its taxable year for its first taxable year beginning after
November 30, 2025—
H. R. 1—138
(A) such change shall be treated as initiated by such
corporation,
(B) such change shall be treated as having been made
with the consent of the Secretary, and
(C) the Secretary shall issue regulations or other guid-
ance for allocating foreign taxes that are paid or accrued
in such first taxable year and the succeeding taxable year
among such taxable years in the manner the Secretary
determines appropriate to carry out the purposes of this
section.
(2) SECRETARY.—For purposes of this subsection, the term
‘‘Secretary’’ means the Secretary of the Treasury or the Sec-
retary’s delegate.
SEC. 70353. RESTORATION OF LIMITATION ON DOWNWARD ATTRIBU-
TION OF STOCK OWNERSHIP IN APPLYING CONSTRUC-
TIVE OWNERSHIP RULES.
(a) IN GENERAL.—Section 958(b) is amended—
(1) by inserting after paragraph (3) the following:
‘‘(4) Subparagraphs (A), (B), and (C) of section 318(a)(3)
shall not be applied so as to consider a United States person
as owning stock which is owned by a person who is not a
United States person.’’, and
(2) by striking ‘‘Paragraph (1)’’ in the last sentence and
inserting ‘‘Paragraphs (1) and (4)’’.
(b) FOREIGN CONTROLLED UNITED STATES SHAREHOLDERS.—
Subpart F of part III of subchapter N of chapter 1 is amended
by inserting after section 951A the following new section:
‘‘SEC. 951B. AMOUNTS INCLUDED IN GROSS INCOME OF FOREIGN CON-
TROLLED UNITED STATES SHAREHOLDERS.
‘‘(a) IN GENERAL.—In the case of any foreign controlled United
States shareholder of a foreign controlled foreign corporation—
‘‘(1) this subpart (other than sections 951A, 951(b), and
957) shall be applied with respect to such shareholder (sepa-
rately from, and in addition to, the application of this subpart
without regard to this section)—
‘‘(A) by substituting ‘foreign controlled United States
shareholder’ for ‘United States shareholder’ each place it
appears therein, and
‘‘(B) by substituting ‘foreign controlled foreign corpora-
tion’ for ‘controlled foreign corporation’ each place it
appears therein, and
‘‘(2) section 951A (and such other provisions of this subpart
as provided by the Secretary) shall be applied with respect
to such shareholder—
‘‘(A) by treating each reference to ‘United States share-
holder’ in such section as including a reference to such
shareholder, and
‘‘(B) by treating each reference to ‘controlled foreign
corporation’ in such section as including a reference to
such foreign controlled foreign corporation.
‘‘(b) FOREIGN CONTROLLED UNITED STATES SHAREHOLDER.—For
purposes of this section, the term ‘foreign controlled United States
shareholder’ means, with respect to any foreign corporation, any
United States person which would be a United States shareholder
with respect to such foreign corporation if—
H. R. 1—139
‘‘(1) section 951(b) were applied by substituting ‘more than
50 percent’ for ‘10 percent or more’, and
‘‘(2) section 958(b) were applied without regard to para-
graph (4) thereof.
‘‘(c) FOREIGN CONTROLLED FOREIGN CORPORATION.—For pur-
poses of this section, the term ‘foreign controlled foreign corporation’
means a foreign corporation, other than a controlled foreign corpora-
tion, which would be a controlled foreign corporation if section
957(a) were applied—
‘‘(1) by substituting ‘foreign controlled United States share-
holders’ for ‘United States shareholders’, and
‘‘(2) by substituting ‘section 958(b) (other than paragraph
(4) thereof)’ for ‘section 958(b)’.
‘‘(d) REGULATIONS.—The Secretary shall prescribe such regula-
tions or other guidance as may be necessary or appropriate to
carry out the purposes of this section, including regulations or
other guidance—
‘‘(1) to treat a foreign controlled United States shareholder
or a foreign controlled foreign corporation as a United States
shareholder or as a controlled foreign corporation, respectively,
for purposes of provisions of this title other than this subpart
(including any reporting requirement), and
‘‘(2) with respect to the treatment of foreign controlled
foreign corporations that are passive foreign investment compa-
nies (as defined in section 1297).’’.
(c) CLERICAL AMENDMENT.—The table of sections for subpart
F of part III of subchapter N of chapter 1 is amended by inserting
after the item relating to section 951A the following new item:
‘‘Sec. 951B. Amounts included in gross income of foreign controlled United States
shareholders.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years of foreign corporations beginning after
December 31, 2025.
(e) SPECIAL RULE.—
(1) IN
GENERAL.—Except to the extent provided by the
Secretary of the Treasury (or the Secretary’s delegate), the
effective date of any amendment to the Internal Revenue Code
of 1986 shall be applied by treating references to United States
shareholders as including references to foreign controlled
United States shareholders, and by treating references to con-
trolled foreign corporations as including references to foreign
controlled foreign corporations.
(2) DEFINITIONS.—Any term used in paragraph (1) which
is used in subpart F of part III of subchapter N of chapter
1 of the Internal Revenue Code of 1986 (as amended by this
section) shall have the meaning given such term in such sub-
part.
(f) NO INFERENCE.—The amendments made by this section
shall not be construed to create any inference with respect to
the proper application of any provision of the Internal Revenue
Code of 1986 with respect to taxable years beginning before the
taxable years to which such amendments apply.
SEC. 70354. MODIFICATIONS TO PRO RATA SHARE RULES.
(a) IN GENERAL.—Subsection (a) of section 951 is amended
to read as follows:
‘‘(a) AMOUNTS INCLUDED.—
H. R. 1—140
‘‘(1) IN GENERAL.—If a foreign corporation is a controlled
foreign corporation at any time during a taxable year of the
foreign corporation (in this subsection referred to as the ‘CFC
year’)—
‘‘(A) each United States shareholder which owns
(within the meaning of section 958(a)) stock in such cor-
poration on any day during the CFC year shall include
in gross income such shareholder’s pro rata share (deter-
mined under paragraph (2)) of the corporation’s subpart
F income for the CFC year, and
‘‘(B) each United States shareholder which owns
(within the meaning of section 958(a)) stock in such cor-
poration on the last day, in the CFC year, on which such
corporation is a controlled foreign corporation shall include
in gross income the amount determined under section 956
with respect to such shareholder for the CFC year (but
only to the extent not excluded from gross income under
section 959(a)(2)).
‘‘(2) PRO RATA SHARE OF SUBPART F INCOME.—A United
States shareholder’s pro rata share of a controlled foreign cor-
poration’s subpart F income for a CFC year shall be the portion
of such income which is attributable to—
‘‘(A) the stock of such corporation owned (within the
meaning of section 958(a)) by such shareholder, and
‘‘(B) any period of the CFC year during which—
‘‘(i) such shareholder owned (within the meaning
of section 958(a)) such stock,
‘‘(ii) such shareholder was a United States share-
holder of such corporation, and
‘‘(iii) such corporation was a controlled foreign cor-
poration.
‘‘(3) TAXABLE YEAR OF INCLUSION.—Any amount required
to be included in gross income by a United States shareholder
under paragraph (1) with respect to a CFC year shall be
included in gross income for the shareholder’s taxable year
which includes the last day on which the shareholder owns
(within the meaning of section 958(a)) stock in the controlled
foreign corporation during such CFC year.
‘‘(4) REGULATORY
AUTHORITY.—The Secretary shall pre-
scribe such regulations or other guidance as may be necessary
or appropriate to carry out the purposes of this subsection,
including regulations or other guidance allowing taxpayers to
elect, or requiring taxpayers, to close the taxable year of a
controlled foreign corporation upon a direct or indirect disposi-
tion of stock of such corporation.’’.
(b) COORDINATION WITH SECTION 951A.—
(1) TESTED INCOME.—Section 951A(b), as redesignated by
section 70323(a)(2), is amended—
(A) in paragraph (1)(A), by striking ‘‘(determined for
each taxable year of such controlled foreign corporation
which ends in or with such taxable year of such United
States shareholder)’’, and
(B) in paragraph (1)(B), by striking ‘‘(determined for
each taxable year of such controlled foreign corporation
which ends in or with such taxable year of such United
States shareholder)’’.
H. R. 1—141
(2) PRO RATA SHARE.—Section 951A(c), as redesignated by
section 70323(a)(2), is amended—
(A) in paragraph (1), by striking ‘‘in which or with
which the taxable year of the controlled foreign corporation
ends’’ and inserting ‘‘determined under section 951(a)(3)’’,
and
(B) in paragraph (2), by striking ‘‘the last day in the
taxable year of such foreign corporation on which such
foreign corporation is a controlled foreign corporation’’ and
inserting ‘‘any day in such taxable year’’.
(c) EFFECTIVE DATES.—
(1) IN GENERAL.—The amendments made by this section
shall apply to taxable years of foreign corporations beginning
after December 31, 2025.
(2) TRANSITION RULE FOR DIVIDENDS.—Except to the extent
provided by the Secretary of the Treasury (or the Secretary’s
delegate), a dividend paid (or deemed paid) by a controlled
foreign corporation shall not be treated as a dividend for pur-
poses of applying section 951(a)(2)(B) of the Internal Revenue
Code of 1986 (as in effect before the amendments made by
this section) if—
(A) such dividend—
(i) was paid (or deemed paid) on or before June
28, 2025, during the taxable year of such controlled
foreign corporation which includes such date and the
United
States
shareholder
described
in
section
951(a)(1) of such Code (as so in effect) did not own
(within the meaning of section 958(a) of such Code)
the stock of such controlled foreign corporation during
the portion of such taxable year on or before June
28, 2025, or
(ii) was paid (or deemed paid) after June 28, 2025,
and before such controlled foreign corporation’s first
taxable year beginning after December 31, 2025, and
(B) such dividend does not increase the taxable income
of a United States person that is subject to Federal income
tax for the taxable year (including by reason of a dividends
received deduction, an exclusion from gross income, or an
exclusion from subpart F income).
CHAPTER 4—INVESTING IN AMERICAN FAMILIES,
COMMUNITIES, AND SMALL BUSINESSES
Subchapter A—Permanent Investments in Families and
Children
SEC. 70401. ENHANCEMENT OF EMPLOYER-PROVIDED CHILD CARE
CREDIT.
(a) INCREASE OF AMOUNT OF QUALIFIED CHILD CARE EXPENDI-
TURES TAKEN INTO ACCOUNT.—Section 45F(a)(1) is amended by
striking ‘‘25 percent’’ and inserting ‘‘40 percent (50 percent in the
case of an eligible small business)’’.
(b) INCREASE OF MAXIMUM CREDIT AMOUNT.—Subsection (b)
of section 45F is amended to read as follows:
‘‘(b) DOLLAR LIMITATION.—
H. R. 1—142
‘‘(1) IN GENERAL.—The credit allowable under subsection
(a) for any taxable year shall not exceed $500,000 ($600,000
in the case of an eligible small business).
‘‘(2) INFLATION ADJUSTMENT.—In the case of any taxable
year beginning after 2026, the $500,000 and $600,000 amounts
in paragraph (1) shall each be increased by an amount equal
to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting ‘calendar year
2025’ for ‘calendar year 2016’ in subparagraph (A)(ii)
thereof.’’.
(c) ELIGIBLE SMALL BUSINESS.—Section 45F(c) is amended by
adding at the end the following new paragraph:
‘‘(4) ELIGIBLE SMALL BUSINESS.—The term ‘eligible small
business’ means a business that meets the gross receipts test
of section 448(c), determined—
‘‘(A) by substituting ‘5-taxable-year’ for ‘3-taxable-year’
in paragraph (1) thereof, and
‘‘(B) by substituting ‘5-year’ for ‘3-year’ in paragraph
(3)(A) thereof.’’.
(d) CREDIT ALLOWED FOR THIRD-PARTY INTERMEDIARIES.—Sec-
tion 45F(c)(1)(A)(iii) is amended by inserting ‘‘, or under a contract
with an intermediate entity that contracts with one or more quali-
fied child care facilities to provide such child care services’’ before
the period at the end.
(e) TREATMENT OF JOINTLY OWNED OR OPERATED CHILD CARE
FACILITY.—Section 45F(c)(2) is amended by adding at the end the
following new subparagraph:
‘‘(C) TREATMENT
OF
JOINTLY
OWNED
OR
OPERATED
CHILD CARE FACILITY.—A facility shall not fail to be treated
as a qualified child care facility of the taxpayer merely
because such facility is jointly owned or operated by the
taxpayer and other persons.’’.
(f) REGULATIONS AND GUIDANCE.—Section 45F is amended by
adding at the end the following new subsection:
‘‘(g) REGULATIONS AND GUIDANCE.—The Secretary shall issue
such regulations or other guidance as may be necessary to carry
out the purposes of this section, including guidance to carry out
the purposes of paragraphs (1)(A)(iii) and (2)(C) of subsection (c).’’.
(g) EFFECTIVE DATE.—The amendments made by this section
shall apply to amounts paid or incurred after December 31, 2025.
SEC. 70402. ENHANCEMENT OF ADOPTION CREDIT.
(a) IN GENERAL.—Section 23(a) is amended by adding at the
end the following new paragraph:
‘‘(4) PORTION
OF
CREDIT
REFUNDABLE.—So much of the
credit allowed under paragraph (1) as does not exceed $5,000
shall be treated as a credit allowed under subpart C and
not as a credit allowed under this subpart.’’.
(b) ADJUSTMENTS FOR INFLATION.—Section 23(h) is amended
to read as follows:
‘‘(h) ADJUSTMENTS FOR INFLATION.—
‘‘(1) IN GENERAL.—In the case of a taxable year beginning
after December 31, 2002, each of the dollar amounts in para-
graphs (3) and (4) of subsection (a) and paragraphs (1) and
H. R. 1—143
(2)(A)(i) of subsection (b) shall be increased by an amount
equal to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting ‘calendar year
2001’ for ‘calendar year 2016’ in subparagraph (A)(ii)
thereof.
‘‘(2) ROUNDING.—If any amount as increased under para-
graph (1) is not a multiple of $10, such amount shall be rounded
to the nearest multiple of $10.
‘‘(3) SPECIAL RULE FOR REFUNDABLE PORTION.—In the case
of the dollar amount in subsection (a)(4), paragraph (1) shall
be applied—
‘‘(A) by substituting ‘2025’ for ‘2002’ in the matter
preceding subparagraph (A), and
‘‘(B) by substituting ‘calendar year 2024’ for ‘calendar
year 2001’ in subparagraph (B) thereof.’’.
(c) EXCLUSION
OF REFUNDABLE PORTION
OF CREDIT FROM
CARRYFORWARD.—Section 23(c)(1) is amended by striking ‘‘credit
allowable under subsection (a)’’ and inserting ‘‘portion of the credit
allowable under subsection (a) which is allowed under this subpart’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2024.
SEC. 70403. RECOGNIZING INDIAN TRIBAL GOVERNMENTS FOR PUR-
POSES OF DETERMINING WHETHER A CHILD HAS SPE-
CIAL NEEDS FOR PURPOSES OF THE ADOPTION CREDIT.
(a) IN GENERAL.—Section 23(d)(3) is amended—
(1) in subparagraph (A), by inserting ‘‘or Indian tribal
government’’ after ‘‘a State’’, and
(2) in subparagraph (B), by inserting ‘‘or Indian tribal
government’’ after ‘‘such State’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2024.
SEC. 70404. ENHANCEMENT OF THE DEPENDENT CARE ASSISTANCE
PROGRAM.
(a) IN GENERAL.—Section 129(a)(2)(A) is amended by striking
‘‘$5,000 ($2,500’’ and inserting ‘‘$7,500 ($3,750’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70405. ENHANCEMENT OF CHILD AND DEPENDENT CARE TAX
CREDIT.
(a) IN GENERAL.—Paragraph (2) of section 21(a) is amended
to read as follows:
‘‘(2) APPLICABLE PERCENTAGE DEFINED.—For purposes of
paragraph (1), the term ‘applicable percentage’ means 50 per-
cent—
‘‘(A) reduced (but not below 35 percent) by 1 percentage
point for each $2,000 or fraction thereof by which the
taxpayer’s adjusted gross income for the taxable year
exceeds $15,000, and
‘‘(B) further reduced (but not below 20 percent) by
1 percentage point for each $2,000 ($4,000 in the case
of a joint return) or fraction thereof by which the taxpayer’s
H. R. 1—144
adjusted gross income for the taxable year exceeds $75,000
($150,000 in the case of a joint return).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2025.
Subchapter B—Permanent Investments in Students and
Reforms to Tax-exempt Institutions
SEC. 70411. TAX CREDIT FOR CONTRIBUTIONS OF INDIVIDUALS TO
SCHOLARSHIP GRANTING ORGANIZATIONS.
(a) ALLOWANCE OF CREDIT FOR CONTRIBUTIONS OF INDIVIDUALS
TO SCHOLARSHIP GRANTING ORGANIZATIONS.—
(1) IN GENERAL.—Subpart A of part IV of subchapter A
of chapter 1 is amended by inserting after section 25E the
following new section:
‘‘SEC. 25F. QUALIFIED ELEMENTARY AND SECONDARY EDUCATION
SCHOLARSHIPS.
‘‘(a) ALLOWANCE OF CREDIT.—In the case of an individual who
is a citizen or resident of the United States (within the meaning
of section 7701(a)(9)), there shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an amount
equal to the aggregate amount of qualified contributions made
by the taxpayer during the taxable year.
‘‘(b) LIMITATIONS.—
‘‘(1) IN GENERAL.—The credit allowed under subsection (a)
to any taxpayer for any taxable year shall not exceed $1,700.
‘‘(2) REDUCTION
BASED
ON
STATE
CREDIT.—The amount
allowed as a credit under subsection (a) for a taxable year
shall be reduced by the amount allowed as a credit on any
State tax return of the taxpayer for qualified contributions
made by the taxpayer during the taxable year.
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) COVERED STATE.—The term ‘covered State’ means one
of the States, or the District of Columbia, that, for a calendar
year, voluntarily elects to participate under this section and
to identify scholarship granting organizations in the State,
in accordance with subsection (g).
‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible student’ means
an individual who—
‘‘(A) is a member of a household with an income which,
for the calendar year prior to the date of the application
for a scholarship, is not greater than 300 percent of the
area median gross income (as such term is used in section
42), and
‘‘(B) is eligible to enroll in a public elementary or
secondary school.
‘‘(3) QUALIFIED
CONTRIBUTION.—The term ‘qualified con-
tribution’ means a charitable contribution of cash to a scholar-
ship granting organization that uses the contribution to fund
scholarships for eligible students solely within the State in
which the organization is listed pursuant to subsection (g).
‘‘(4) QUALIFIED
ELEMENTARY
OR
SECONDARY
EDUCATION
EXPENSE.—The term ‘qualified elementary or secondary edu-
cation expense’ means any expense of an eligible student which
is described in section 530(b)(3)(A).
H. R. 1—145
‘‘(5) SCHOLARSHIP
GRANTING
ORGANIZATION.—The term
‘scholarship granting organization’ means any organization—
‘‘(A) which—
‘‘(i) is described in section 501(c)(3) and exempt
from tax under section 501(a), and
‘‘(ii) is not a private foundation,
‘‘(B) which prevents the co-mingling of qualified con-
tributions with other amounts by maintaining one or more
separate accounts exclusively for qualified contributions,
‘‘(C) which satisfies the requirements of subsection (d),
and
‘‘(D) which is included on the list submitted for the
applicable covered State under subsection (g) for the
applicable year.
‘‘(d) REQUIREMENTS
FOR SCHOLARSHIP GRANTING ORGANIZA-
TIONS.—
‘‘(1) IN GENERAL.—An organization meets the requirements
of this subsection if—
‘‘(A) such organization provides scholarships to 10 or
more students who do not all attend the same school,
‘‘(B) such organization spends not less than 90 percent
of the income of the organization on scholarships for eligible
students,
‘‘(C) such organization does not provide scholarships
for any expenses other than qualified elementary or sec-
ondary education expenses,
‘‘(D) such organization provides a scholarship to eligible
students with a priority for—
‘‘(i) students awarded a scholarship the previous
school year, and
‘‘(ii) after application of clause (i), any eligible stu-
dents who have a sibling who was awarded a scholar-
ship from such organization,
‘‘(E) such organization does not earmark or set aside
contributions for scholarships on behalf of any particular
student, and
‘‘(F) such organization—
‘‘(i) verifies the annual household income and
family size of eligible students who apply for scholar-
ships to ensure such students meet the requirement
of subsection (c)(2)(A), and
‘‘(ii) limits the awarding of scholarships to eligible
students who are a member of a household for which
the income does not exceed the amount established
under subsection (c)(2)(A).
‘‘(2) PROHIBITION ON SELF-DEALING.—
‘‘(A) IN GENERAL.—A scholarship granting organization
may not award a scholarship to any disqualified person.
‘‘(B) DISQUALIFIED PERSON.—For purposes of this para-
graph, a disqualified person shall be determined pursuant
to rules similar to the rules of section 4946.
‘‘(e) DENIAL OF DOUBLE BENEFIT.—Any qualified contribution
for which a credit is allowed under this section shall not be taken
into account as a charitable contribution for purposes of section
170.
‘‘(f) CARRYFORWARD OF UNUSED CREDIT.—
H. R. 1—146
‘‘(1) IN GENERAL.—If the credit allowable under subsection
(a) for any taxable year exceeds the limitation imposed by
section 26(a) for such taxable year reduced by the sum of
the credits allowable under this subpart (other than this sec-
tion, section 23, and section 25D), such excess shall be carried
to the succeeding taxable year and added to the credit allowable
under subsection (a) for such taxable year.
‘‘(2) LIMITATION.—No credit may be carried forward under
this subsection to any taxable year following the fifth taxable
year after the taxable year in which the credit arose. For
purposes of the preceding sentence, credits shall be treated
as used on a first-in first-out basis.
‘‘(g) STATE LIST OF SCHOLARSHIP GRANTING ORGANIZATIONS.—
‘‘(1) LIST.—
‘‘(A) IN GENERAL.—Not later than January 1 of each
calendar year (or, with respect to the first calendar year
for which this section applies, as early as practicable),
a State that voluntarily elects to participate under this
section shall provide to the Secretary a list of the scholar-
ship granting organizations that meet the requirements
described in subsection (c)(5) and are located in the State.
‘‘(B) PROCESS.—The election under this paragraph shall
be made by the Governor of the State or by such other
individual, agency, or entity as is designated under State
law to make such elections on behalf of the State with
respect to Federal tax benefits.
‘‘(2) CERTIFICATION.—Each list submitted under paragraph
(1) shall include a certification that the individual, agency,
or entity submitting such list on behalf of the State has the
authority to perform this function.
‘‘(h) REGULATIONS AND GUIDANCE.—The Secretary shall issue
such regulations or other guidance as the Secretary determines
necessary to carry out the purposes of this section, including regula-
tions or other guidance—
‘‘(1) providing for enforcement of the requirements under
subsections (d) and (g), and
‘‘(2) with respect to recordkeeping or information reporting
for purposes of administering the requirements of this section.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 25(e)(1)(C) is amended by striking ‘‘and
25D’’ and inserting ‘‘25D, and 25F’’.
(B) The table of sections for subpart A of part IV
of subchapter A of chapter 1 is amended by inserting
after the item relating to section 25E the following new
item:
‘‘Sec. 25F. Qualified elementary and secondary education scholarships.’’.
(b) EXCLUSION FROM GROSS INCOME FOR SCHOLARSHIPS FOR
QUALIFIED ELEMENTARY OR SECONDARY EDUCATION EXPENSES OF
ELIGIBLE STUDENTS.—
(1) IN GENERAL.—Part III of subchapter B of chapter 1
is amended by inserting before section 140 the following new
section:
‘‘SEC. 139K. SCHOLARSHIPS FOR QUALIFIED ELEMENTARY OR SEC-
ONDARY EDUCATION EXPENSES OF ELIGIBLE STUDENTS.
‘‘(a) IN GENERAL.—In the case of an individual, gross income
shall not include any amounts provided to such individual or any
H. R. 1—147
dependent of such individual pursuant to a scholarship for qualified
elementary or secondary education expenses of an eligible student
which is provided by a scholarship granting organization.
‘‘(b) DEFINITIONS.—In this section, the terms ‘qualified
elementary or secondary education expense’, ‘eligible student’, and
‘scholarship granting organization’ have the same meaning given
such terms under section 25F(c).’’.
(2) CONFORMING AMENDMENT.—The table of sections for
part III of subchapter B of chapter 1 is amended by inserting
before the item relating to section 140 the following new item:
‘‘Sec. 139K. Scholarships for qualified elementary or secondary education expenses
of eligible students.’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as otherwise provided in this sub-
section, the amendments made by this section shall apply to
taxable years ending after December 31, 2026.
(2) EXCLUSION
FROM
GROSS
INCOME.—The amendments
made by subsection (b) shall apply to amounts received after
December 31, 2026, in taxable years ending after such date.
SEC. 70412. EXCLUSION FOR EMPLOYER PAYMENTS OF STUDENT
LOANS.
(a) IN GENERAL.—Section 127(c)(1)(B) is amended by striking
‘‘in the case of payments made before January 1, 2026,’’.
(b) INFLATION ADJUSTMENT.—Section 127 is amended—
(1) by redesignating subsection (d) as subsection (e), and
(2) by inserting after subsection (c) the following new sub-
section:
‘‘(d) INFLATION ADJUSTMENT.—
‘‘(1) IN GENERAL.—In the case of any taxable year beginning
after 2026, both of the $5,250 amounts in subsection (a)(2)
shall each be increased by an amount equal to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting ‘calendar year
2025’ for ‘calendar year 2016’ in subparagraph (A)(ii)
thereof.
‘‘(2) ROUNDING.—If any increase under paragraph (1) is
not a multiple of $50, such increase shall be rounded to the
nearest multiple of $50.’’.
(c) EFFECTIVE DATE.—The amendment made by this section
shall apply to payments made after December 31, 2025.
SEC. 70413. ADDITIONAL EXPENSES TREATED AS QUALIFIED HIGHER
EDUCATION
EXPENSES
FOR
PURPOSES
OF
529
ACCOUNTS.
(a) IN GENERAL.—
(1) IN GENERAL.—Section 529(c)(7) is amended to read as
follows:
‘‘(7) TREATMENT
OF
ELEMENTARY
AND
SECONDARY
TUI-
TION.—Any reference in this section to the term ‘qualified
higher education expense’ shall include a reference to the fol-
lowing expenses in connection with enrollment or attendance
at, or for students enrolled at or attending, an elementary
or secondary public, private, or religious school:
‘‘(A) Tuition.
H. R. 1—148
‘‘(B) Curriculum and curricular materials.
‘‘(C) Books or other instructional materials.
‘‘(D) Online educational materials.
‘‘(E) Tuition for tutoring or educational classes outside
of the home, including at a tutoring facility, but only if
the tutor or instructor is not related to the student and—
‘‘(i) is licensed as a teacher in any State,
‘‘(ii) has taught at an eligible educational institu-
tion, or
‘‘(iii) is a subject matter expert in the relevant
subject.
‘‘(F) Fees for a nationally standardized norm-referenced
achievement test, an advanced placement examination, or
any examinations related to college or university admission.
‘‘(G) Fees for dual enrollment in an institution of higher
education.
‘‘(H) Educational therapies for students with disabil-
ities provided by a licensed or accredited practitioner or
provider, including occupational, behavioral, physical, and
speech-language therapies.’’.
(2) EFFECTIVE DATE.—The amendment made by this sub-
section shall apply to distributions made after the date of
the enactment of this Act.
(b) INCREASE IN LIMITATION.—
(1) IN
GENERAL.—The last sentence of section 529(e)(3)
is amended by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’.
(2) EFFECTIVE DATE.—The amendment made by this sub-
section shall apply to taxable years beginning after December
31, 2025.
SEC. 70414. CERTAIN POSTSECONDARY CREDENTIALING EXPENSES
TREATED AS QUALIFIED HIGHER EDUCATION EXPENSES
FOR PURPOSES OF 529 ACCOUNTS.
(a) IN GENERAL.—Section 529(e)(3) is amended by adding at
the end the following new subparagraph:
‘‘(C)
CERTAIN
POSTSECONDARY
CREDENTIALING
EXPENSES.—The term ‘qualified higher education expenses’
includes qualified postsecondary credentialing expenses (as
defined in subsection (f)).’’.
(b) QUALIFIED POSTSECONDARY CREDENTIALING EXPENSES.—
Section 529 is amended by redesignating subsection (f) as subsection
(g) and by inserting after subsection (e) the following new sub-
section:
‘‘(f) QUALIFIED POSTSECONDARY CREDENTIALING EXPENSES.—
For purposes of this section—
‘‘(1) IN
GENERAL.—The term ‘qualified postsecondary
credentialing expenses’ means—
‘‘(A) tuition, fees, books, supplies, and equipment
required for the enrollment or attendance of a designated
beneficiary in a recognized postsecondary credential pro-
gram, or any other expense incurred in connection with
enrollment in or attendance at a recognized postsecondary
credential program if such expense would, if incurred in
connection with enrollment or attendance at an eligible
educational institution, be covered under subsection
(e)(3)(A),
H. R. 1—149
‘‘(B) fees for testing if such testing is required to obtain
or maintain a recognized postsecondary credential, and
‘‘(C) fees for continuing education if such education
is required to maintain a recognized postsecondary creden-
tial.
‘‘(2) RECOGNIZED POSTSECONDARY CREDENTIAL PROGRAM.—
The term ‘recognized postsecondary credential program’ means
any program to obtain a recognized postsecondary credential
if—
‘‘(A) such program is included on a State list prepared
under section 122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d)),
‘‘(B) such program is listed in the public directory
of the Web Enabled Approval Management System
(WEAMS) of the Veterans Benefits Administration, or suc-
cessor directory such program,
‘‘(C) an examination (developed or administered by an
organization widely recognized as providing reputable
credentials in the occupation) is required to obtain or main-
tain such credential and such organization recognizes such
program as providing training or education which prepares
individuals to take such examination, or
‘‘(D) such program is identified by the Secretary, after
consultation with the Secretary of Labor, as being a rep-
utable program for obtaining a recognized postsecondary
credential for purposes of this subparagraph.
‘‘(3) RECOGNIZED POSTSECONDARY CREDENTIAL.—The term
‘recognized postsecondary credential’ means—
‘‘(A) any postsecondary employment credential that is
industry recognized and is—
‘‘(i) any postsecondary employment credential
issued by a program that is accredited by the Institute
for Credentialing Excellence, the National Commission
on Certifying Agencies, or the American National
Standards Institute,
‘‘(ii) any postsecondary employment credential that
is included in the Credentialing Opportunities On-Line
(COOL) directory of credentialing programs (or suc-
cessor directory) maintained by the Department of
Defense or by any branch of the Armed Forces, or
‘‘(iii) any postsecondary employment credential
identified for purposes of this clause by the Secretary,
after consultation with the Secretary of Labor, as being
industry recognized,
‘‘(B) any certificate of completion of an apprenticeship
that is registered and certified with the Secretary of Labor
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.),
‘‘(C) any occupational or professional license issued
or recognized by a State or the Federal Government (and
any certification that satisfies a condition for obtaining
such a license), and
‘‘(D) any recognized postsecondary credential as defined
in section 3(52) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3102(52)), provided through a pro-
gram described in paragraph (2)(A).’’.
H. R. 1—150
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to distributions made after the date of the enactment
of this Act.
SEC. 70415. MODIFICATION OF EXCISE TAX ON INVESTMENT INCOME
OF CERTAIN PRIVATE COLLEGES AND UNIVERSITIES.
(a) IN GENERAL.—Section 4968 is amended to read as follows:
‘‘SEC. 4968. EXCISE TAX BASED ON INVESTMENT INCOME OF PRIVATE
COLLEGES AND UNIVERSITIES.
‘‘(a) TAX IMPOSED.—There is hereby imposed on each applicable
educational institution for the taxable year a tax equal to the
applicable percentage of the net investment income of such institu-
tion for the taxable year.
‘‘(b) APPLICABLE PERCENTAGE.—For purposes of this section,
the term ‘applicable percentage’ means—
‘‘(1) 1.4 percent in the case of an institution with a student
adjusted endowment of at least $500,000, and not in excess
of $750,000,
‘‘(2) 4 percent in the case of an institution with a student
adjusted endowment in excess of $750,000, and not in excess
of $2,000,000, and
‘‘(3) 8 percent in the case of an institution with a student
adjusted endowment in excess of $2,000,000.
‘‘(c) APPLICABLE EDUCATIONAL INSTITUTION.—For purposes of
this subchapter, the term ‘applicable educational institution’ means
an eligible educational institution (as defined in section 25A(f)(2))—
‘‘(1) which had at least 3,000 tuition-paying students during
the preceding taxable year,
‘‘(2) more than 50 percent of the tuition-paying students
of which are located in the United States,
‘‘(3) the student adjusted endowment of which is at least
$500,000, and
‘‘(4) which is not described in the first sentence of section
511(a)(2)(B) (relating to State colleges and universities).
‘‘(d) STUDENT ADJUSTED ENDOWMENT.—For purposes of this
section, the term ‘student adjusted endowment’ means, with respect
to any institution for any taxable year—
‘‘(1) the aggregate fair market value of the assets of such
institution (determined as of the end of the preceding taxable
year), other than those assets which are used directly in car-
rying out the institution’s exempt purpose, divided by
‘‘(2) the number of students of such institution.
‘‘(e) DETERMINATION OF NUMBER OF STUDENTS.—For purposes
of subsections (c) and (d), the number of students of an institution
(including for purposes of determining the number of students
at a particular location) shall be based on the daily average number
of full-time students attending such institution (with part-time stu-
dents taken into account on a full-time student equivalent basis).
‘‘(f) NET INVESTMENT INCOME.—For purposes of this section—
‘‘(1) IN GENERAL.—Net investment income shall be deter-
mined under rules similar to the rules of section 4940(c).
‘‘(2) OVERRIDE OF CERTAIN REGULATORY EXCEPTIONS.—
‘‘(A) STUDENT LOAN INTEREST.—Net investment income
shall be determined by taking into account any interest
income from a student loan made by the applicable edu-
cational institution (or any related organization) as gross
investment income.
H. R. 1—151
‘‘(B) FEDERALLY-SUBSIDIZED ROYALTY INCOME.—
‘‘(i) IN GENERAL.—Net investment income shall be
determined by taking into account any Federally-sub-
sidized royalty income as gross investment income.
‘‘(ii) FEDERALLY-SUBSIDIZED ROYALTY INCOME.—For
purposes of this subparagraph—
‘‘(I) IN
GENERAL.—The term ‘Federally-sub-
sidized royalty income’ means any otherwise-regu-
latory-exempt royalty income if any Federal funds
were used in the research, development, or cre-
ation of the patent, copyright, or other intellectual
or intangible property from which such royalty
income is derived.
‘‘(II) OTHERWISE-REGULATORY-EXEMPT ROYALTY
INCOME.—For purposes of this subparagraph, the
term ‘otherwise-regulatory-exempt royalty income’
means royalty income which (but for this subpara-
graph) would not be taken into account as gross
investment income by reason of being derived from
patents, copyrights, or other intellectual or intan-
gible property which resulted from the work of
students or faculty members in their capacities
as such with the applicable educational institution.
‘‘(III) FEDERAL
FUNDS.—The term ‘Federal
funds’ includes any grant made by, and any pay-
ment made under any contract with, any Federal
agency to the applicable educational institution,
any related organization, or any student or faculty
member referred to in subclause (II).
‘‘(g) ASSETS
AND
NET
INVESTMENT
INCOME
OF
RELATED
ORGANIZATIONS.—
‘‘(1) IN GENERAL.—For purposes of subsections (d) and (f),
assets and net investment income of any related organization
with respect to an educational institution shall be treated as
assets and net investment income, respectively, of the edu-
cational institution, except that—
‘‘(A) no such amount shall be taken into account with
respect to more than 1 educational institution, and
‘‘(B) unless such organization is controlled by such
institution or is described in section 509(a)(3) with respect
to such institution for the taxable year, assets and net
investment income which are not intended or available
for the use or benefit of the educational institution shall
not be taken into account.
‘‘(2) RELATED
ORGANIZATION.—For purposes of this sub-
section, the term ‘related organization’ means, with respect
to an educational institution, any organization which—
‘‘(A) controls, or is controlled by, such institution,
‘‘(B) is controlled by 1 or more persons which also
control such institution, or
‘‘(C) is a supported organization (as defined in section
509(f)(3)), or an organization described in section 509(a)(3),
during the taxable year with respect to such institution.
‘‘(h) REGULATIONS.—The Secretary shall prescribe such regula-
tions or other guidance as may be necessary to prevent avoidance
of the tax under this section, including regulations or other guidance
H. R. 1—152
to prevent avoidance of such tax through the restructuring of endow-
ment funds or other arrangements designed to reduce or eliminate
the value of net investment income or assets subject to the tax
imposed by this section.’’.
(b) REQUIREMENT
TO REPORT CERTAIN INFORMATION WITH
RESPECT TO APPLICATION OF EXCISE TAX BASED ON INVESTMENT
INCOME OF PRIVATE COLLEGES AND UNIVERSITIES.—Section 6033
is amended by redesignating subsection (o) as subsection (p) and
by inserting after subsection (n) the following new subsection:
‘‘(o) REQUIREMENT
TO REPORT CERTAIN INFORMATION WITH
RESPECT TO EXCISE TAX BASED ON INVESTMENT INCOME OF PRIVATE
COLLEGES AND UNIVERSITIES.—Each applicable educational institu-
tion described in section 4968(c) which is subject to the require-
ments of subsection (a) shall include on the return required under
subsection (a)—
‘‘(1) the number of tuition-paying students taken into
account under section 4968(c), and
‘‘(2) the number of students of such institution (determined
under the rules of section 4968(e)).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70416. EXPANDING APPLICATION OF TAX ON EXCESS COMPENSA-
TION WITHIN TAX-EXEMPT ORGANIZATIONS.
(a) IN GENERAL.—Section 4960(c)(2) is amended to read as
follows:
‘‘(2) COVERED EMPLOYEE.—For purposes of this section, the
term ‘covered employee’ means any employee of an applicable
tax-exempt organization (or any predecessor of such an
organization) and any former employee of such an organization
(or predecessor) who was such an employee during any taxable
year beginning after December 31, 2016.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply to taxable years beginning after December 31, 2025.
Subchapter C—Permanent Investments in Community
Development
SEC. 70421. PERMANENT RENEWAL AND ENHANCEMENT OF OPPOR-
TUNITY ZONES.
(a) DECENNIAL DESIGNATIONS.—
(1) DETERMINATION
PERIOD.—Section 1400Z-1(c)(2)(B) is
amended by striking ‘‘beginning on the date of the enactment
of the Tax Cuts and Jobs Act’’ and inserting ‘‘beginning on
the decennial determination date’’.
(2) DECENNIAL
DETERMINATION
DATE.—Section 1400Z-
1(c)(2) is amended by adding at the end the following new
subparagraph:
‘‘(C) DECENNIAL
DETERMINATION
DATE.—The term
‘decennial determination date’ means—
‘‘(i) July 1, 2026, and
‘‘(ii) each July 1 of the year that is 10 years after
the preceding decennial determination date under this
subparagraph.’’.
(3) REPEAL OF SPECIAL RULE FOR PUERTO RICO.—Section
1400Z-1(b) is amended by striking paragraph (3).
H. R. 1—153
(4) LIMITATION
ON
NUMBER
OF
DESIGNATIONS.—Section
1400Z-1(d)(1) is amended—
(A) in paragraph (1)—
(i) by striking ‘‘and subsection (b)(3)’’, and
(ii) by inserting ‘‘during any period’’ after ‘‘the
number of population census tracts in a State that
may be designated as qualified opportunity zones
under this section’’, and
(B) in paragraph (2), by inserting ‘‘during any period’’
before the period at the end.
(5) EFFECTIVE DATES.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the amendments made by this subsection shall take
effect on the date of the enactment of this Act.
(B) PUERTO
RICO.—The amendment made by para-
graph (3) shall take effect on December 31, 2026.
(b) QUALIFICATION FOR DESIGNATIONS.—
(1) DETERMINATION OF LOW-INCOME COMMUNITIES.—Section
1400Z-1(c) is amended by striking all that precedes paragraph
(2) and inserting the following:
‘‘(c) OTHER DEFINITIONS.—For purposes of this section—
‘‘(1) LOW-INCOME
COMMUNITIES.—The term ‘low-income
community’ means any population census tract if—
‘‘(A) such population census tract has a median family
income that—
‘‘(i) in the case of a population census tract not
located within a metropolitan area, does not exceed
70 percent of the statewide median family income,
or
‘‘(ii) in the case of a population census tract located
within a metropolitan area, does not exceed 70 percent
of the metropolitan area median family income, or
‘‘(B) such population census tract—
‘‘(i) has a poverty rate of at least 20 percent, and
‘‘(ii) has a median family income that—
‘‘(I) in the case of a population census tract
not located within a metropolitan area, does not
exceed 125 percent of the statewide median family
income, or
‘‘(II) in the case of a population census tract
located within a metropolitan area, does not exceed
125 percent of the metropolitan area median
family income.’’.
(2) REPEAL OF RULE FOR CONTIGUOUS CENSUS TRACTS.—
Section 1400Z-1 is amended by striking subsection (e) and
by redesignating subsection (f) as subsection (e).
(3) PERIOD FOR WHICH DESIGNATION IS IN EFFECT.—Section
1400Z-1(e), as redesignated by paragraph (2), is amended to
read as follows:
‘‘(e) PERIOD FOR WHICH DESIGNATION IS IN EFFECT.—
‘‘(1) IN GENERAL.—A designation as a qualified opportunity
zone shall remain in effect for the period beginning on the
applicable start date and ending on the day before the date
that is 10 years after the applicable start date.
‘‘(2) APPLICABLE START DATE.—For purposes of this section,
the term ‘applicable start date’ means, with respect to any
qualified opportunity zone designated under this section, the
H. R. 1—154
January 1 following the date on which such qualified oppor-
tunity zone was certified and designated by the Secretary under
subsection (b)(1)(B).’’.
(4) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to areas designated under section 1400Z-
1 of the Internal Revenue Code of 1986 after the date of
the enactment of this Act.
(c) APPLICATION OF SPECIAL RULES FOR CAPITAL GAINS.—
(1) REPEAL OF SUNSET ON ELECTION.—Section 1400Z-2(a)(2)
is amended to read as follows:
‘‘(2) ELECTION.—No election may be made under paragraph
(1) with respect to a sale or exchange if an election previously
made with respect to such sale or exchange is in effect.’’.
(2) MODIFICATION OF RULES FOR DEFERRAL OF GAIN.—Sec-
tion 1400Z-2(b) is amended to read as follows:
‘‘(b) DEFERRAL OF GAIN INVESTED IN OPPORTUNITY ZONE PROP-
ERTY.—
‘‘(1) YEAR
OF
INCLUSION.—Gain to which subsection
(a)(1)(B) applies shall be included in gross income in the taxable
year which includes the earlier of—
‘‘(A) the date on which such investment is sold or
exchanged, or
‘‘(B) the date which is 5 years after the date the invest-
ment in the qualified opportunity fund was made.
‘‘(2) AMOUNT INCLUDIBLE.—
‘‘(A) IN
GENERAL.—The amount of gain included in
gross income under subsection (a)(1)(B) shall be the excess
of—
‘‘(i) the lesser of the amount of gain excluded under
subsection (a)(1)(A) or the fair market value of the
investment as determined as of the date described
in paragraph (1), over
‘‘(ii) the taxpayer’s basis in the investment.
‘‘(B) DETERMINATION OF BASIS.—
‘‘(i) IN
GENERAL.—Except as otherwise provided
in this subparagraph or subsection (c), the taxpayer’s
basis in the investment shall be zero.
‘‘(ii) INCREASE FOR GAIN RECOGNIZED UNDER SUB-
SECTION (a)(1)(B).—The basis in the investment shall
be increased by the amount of gain recognized by rea-
son of subsection (a)(1)(B) with respect to such invest-
ment.
‘‘(iii) INVESTMENTS HELD FOR 5 YEARS.—
‘‘(I) IN GENERAL.—In the case of any invest-
ment held for at least 5 years, the basis of such
investment shall be increased by an amount equal
to 10 percent (30 percent in the case of any invest-
ment in a qualified rural opportunity fund) of the
amount of gain deferred by reason of subsection
(a)(1)(A).
‘‘(II) APPLICATION OF INCREASE.—For purposes
of this subsection, any increase in basis under
this clause shall be treated as occurring before
the date described in paragraph (1)(B).
‘‘(C) QUALIFIED RURAL OPPORTUNITY FUND.—For pur-
poses of subparagraph (B)(iii)—
H. R. 1—155
‘‘(i) QUALIFIED
RURAL
OPPORTUNITY
FUND.—The
term ‘qualified rural opportunity fund’ means a quali-
fied opportunity fund that holds at least 90 percent
of its assets in qualified opportunity zone property
which—
‘‘(I) is qualified opportunity zone business
property substantially all of the use of which,
during substantially all of the fund’s holding period
for such property, was in a qualified opportunity
zone comprised entirely of a rural area, or
‘‘(II) is qualified opportunity zone stock, or
a qualified opportunity zone partnership interest,
in a qualified opportunity zone business in which
substantially all of the tangible property owned
or leased is qualified opportunity zone business
property described in subsection (d)(3)(A)(i) and
substantially all the use of which is in a qualified
opportunity zone comprised entirely of a rural
area.
For purposes of the preceding sentence, property held
in the fund shall be measured under rules similar
to the rules of subsection (d)(1).
‘‘(ii) RURAL AREA.—The term ‘rural area’ means
any area other than—
‘‘(I) a city or town that has a population of
greater than 50,000 inhabitants, and
‘‘(II) any urbanized area contiguous and adja-
cent to a city or town described in subclause (I).’’.
(3) SPECIAL
RULE
FOR
INVESTMENTS
HELD
AT
LEAST
10
YEARS.—Section 1400Z-2(c) is amended by striking ‘‘makes an
election under this clause’’ and all that follows and inserting
‘‘makes an election under this subsection, the basis of such
investment shall be equal to—
‘‘(A) in the case of an investment sold before the date
that is 30 years after the date of the investment, the
fair market value of such investment on the date such
investment is sold or exchanged, or
‘‘(B) in any other case, the fair market value of such
investment on the date that is 30 years after the date
of the investment.’’.
(4) DETERMINATION OF QUALIFIED OPPORTUNITY ZONE PROP-
ERTY.—
(A) QUALIFIED
OPPORTUNITY
ZONE
BUSINESS
PROP-
ERTY.—Section 1400Z-2(d)(2)(D)(i)(I) is amended by striking
‘‘December 31, 2017’’ and inserting ‘‘the applicable start
date (as defined in section 1400Z-1(e)(2)) with respect to
the qualified opportunity zone described in subclause (III)’’.
(B) QUALIFIED OPPORTUNITY ZONE STOCK AND PARTNER-
SHIP INTERESTS.—Section 1400Z-2(d)(2) is amended—
(i) by striking ‘‘December 31, 2017,’’ each place
it appears in subparagraphs (B)(i)(I) and (C)(i) and
inserting ‘‘the applicable date’’, and
(ii) by adding at the end the following new
subparagraph:
‘‘(E) APPLICABLE DATE.—For purposes of this subpara-
graph, the term ‘applicable date’ means, with respect to
H. R. 1—156
any corporation or partnership which is a qualified oppor-
tunity zone business, the earliest date described in subpara-
graph (D)(i)(I) with respect to the qualified opportunity
zone business property held by such qualified opportunity
zone business.’’.
(C) SPECIAL
RULE
FOR
IMPROVEMENT
OF
EXISTING
STRUCTURES IN RURAL AREAS.—Section 1400Z–2(d)(2)(D)(ii)
is amended by inserting ‘‘(50 percent of such adjusted basis
in the case of property in a qualified opportunity zone
comprised entirely of a rural area (as defined in subsection
(b)(2)(C)(ii))’’ after ‘‘the adjusted basis of such property’’.
(5) EFFECTIVE DATES.—
(A) IN GENERAL.—Except as otherwise provided in this
paragraph, the amendments made by this subsection shall
apply to amounts invested in qualified opportunity funds
after December 31, 2026.
(B) ACQUISITION
OF
QUALIFIED
OPPORTUNITY
ZONE
PROPERTY.—The amendments made by subparagraphs (A)
and (B) of paragraph (4) shall apply to property acquired
after December 31, 2026.
(C)
SUBSTANTIAL
IMPROVEMENT.—The
amendment
made by paragraph (4)(C) shall take effect on the date
of the enactment of this Act.
(d) INFORMATION
REPORTING
ON
QUALIFIED
OPPORTUNITY
FUNDS AND QUALIFIED RURAL OPPORTUNITY FUNDS.—
(1) FILING
REQUIREMENTS
FOR
FUNDS
AND
INVESTORS.—
Subpart A of part III of subchapter A of chapter 61 is amended
by inserting after section 6039J the following new sections:
‘‘SEC. 6039K. RETURNS WITH RESPECT TO QUALIFIED OPPORTUNITY
FUNDS AND QUALIFIED RURAL OPPORTUNITY FUNDS.
‘‘(a) IN GENERAL.—Every qualified opportunity fund shall file
an annual return (at such time and in such manner as the Secretary
may prescribe) containing the information described in subsection
(b).
‘‘(b) INFORMATION FROM QUALIFIED OPPORTUNITY FUNDS.—The
information described in this subsection is—
‘‘(1) the name, address, and taxpayer identification number
of the qualified opportunity fund,
‘‘(2) whether the qualified opportunity fund is organized
as a corporation or a partnership,
‘‘(3) the value of the total assets held by the qualified
opportunity fund as of each date described in section 1400Z–
2(d)(1),
‘‘(4) the value of all qualified opportunity zone property
held by the qualified opportunity fund on each such date,
‘‘(5) with respect to each investment held by the qualified
opportunity fund in qualified opportunity zone stock or a quali-
fied opportunity zone partnership interest—
‘‘(A) the name, address, and taxpayer identification
number of the corporation in which such stock is held
or the partnership in which such interest is held, as the
case may be,
‘‘(B) each North American Industry Classification
System (NAICS) code that applies to the trades or
businesses conducted by such corporation or partnership,
H. R. 1—157
‘‘(C) the population census tract or population census
tracts in which the qualified opportunity zone business
property of such corporation or partnership is located,
‘‘(D) the amount of the investment in such stock or
partnership interest as of each date described in section
1400Z–2(d)(1),
‘‘(E) the value of tangible property held by such cor-
poration or partnership on each such date which is owned
by such corporation or partnership,
‘‘(F) the value of tangible property held by such cor-
poration or partnership on each such date which is leased
by such corporation or partnership,
‘‘(G) the approximate number of residential units (if
any) for any real property held by such corporation or
partnership, and
‘‘(H) the approximate average monthly number of full-
time equivalent employees of such corporation or partner-
ship for the year (within numerical ranges identified by
the Secretary) or such other indication of the employment
impact of such corporation or partnership as determined
appropriate by the Secretary,
‘‘(6) with respect to the items of qualified opportunity zone
business property held by the qualified opportunity fund—
‘‘(A) the North American Industry Classification
System (NAICS) code that applies to the trades or
businesses in which such property is held,
‘‘(B) the population census tract in which the property
is located,
‘‘(C) whether the property is owned or leased,
‘‘(D) the aggregate value of the items of qualified oppor-
tunity zone property held by the qualified opportunity fund
as of each date described in section 1400Z–2(d)(1), and
‘‘(E) in the case of real property, the number of residen-
tial units (if any),
‘‘(7) the approximate average monthly number of full-time
equivalent employees for the year of the trades or businesses
of the qualified opportunity fund in which qualified opportunity
zone business property is held (within numerical ranges identi-
fied by the Secretary) or such other indication of the employ-
ment impact of such trades or businesses as determined appro-
priate by the Secretary,
‘‘(8) with respect to each person who disposed of an invest-
ment in the qualified opportunity fund during the year—
‘‘(A) the name, address, and taxpayer identification
number of such person,
‘‘(B) the date or dates on which the investment disposed
was acquired, and
‘‘(C) the date or dates on which any such investment
was disposed and the amount of the investment disposed,
and
‘‘(9) such other information as the Secretary may require.
‘‘(c) STATEMENT REQUIRED TO BE FURNISHED TO INVESTORS.—
Every person required to make a return under subsection (a) shall
furnish to each person whose name is required to be set forth
in such return by reason of subsection (b)(8) (at such time and
in such manner as the Secretary may prescribe) a written statement
showing—
H. R. 1—158
‘‘(1) the name, address, and phone number of the informa-
tion contact of the person required to make such return, and
‘‘(2) the information required to be shown on such return
by reason of subsection (b)(8) with respect to the person whose
name is required to be so set forth.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) IN GENERAL.—Any term used in this section which
is also used in subchapter Z of chapter 1 shall have the meaning
given such term under such subchapter.
‘‘(2) FULL-TIME EQUIVALENT EMPLOYEES.—The term ‘full-
time equivalent employees’ means, with respect to any month,
the sum of—
‘‘(A) the number of full-time employees (as defined
in section 4980H(c)(4)) for the month, plus
‘‘(B) the number of employees determined (under rules
similar to the rules of section 4980H(c)(2)(E)) by dividing
the aggregate number of hours of service of employees
who are not full-time employees for the month by 120.
‘‘(e) APPLICATION TO QUALIFIED RURAL OPPORTUNITY FUNDS.—
Every qualified rural opportunity fund (as defined in section 1400Z–
2(b)(2)(C)) shall file the annual return required under subsection
(a), and the statements required under subsection (c), applied—
‘‘(1) by substituting ‘qualified rural opportunity’ for ‘quali-
fied opportunity’ each place it appears,
‘‘(2) by substituting ‘section 1400Z–2(b)(2)(C)’ for ‘section
1400Z–2(d)(1)’ each place it appears, and
‘‘(3) by treating any reference (after the application of para-
graph (1)) to qualified rural opportunity zone stock, a qualified
rural opportunity zone partnership interest, a qualified rural
opportunity zone business, or qualified opportunity zone busi-
ness property as stock, an interest, a business, or property,
respectively, described in subclause (I) or (II), as the case
may be, of section 1400Z–2(b)(2)(C)(i).
‘‘SEC. 6039L. INFORMATION REQUIRED FROM QUALIFIED OPPOR-
TUNITY ZONE BUSINESSES AND QUALIFIED RURAL
OPPORTUNITY ZONE BUSINESSES.
‘‘(a) IN GENERAL.—Every applicable qualified opportunity zone
business shall furnish to the qualified opportunity fund described
in subsection (b) a written statement at such time, in such manner,
and setting forth such information as the Secretary may by regula-
tions prescribe for purposes of enabling such qualified opportunity
fund to meet the requirements of section 6039K(b)(5).
‘‘(b) APPLICABLE QUALIFIED OPPORTUNITY ZONE BUSINESS.—
For purposes of subsection (a), the term ‘applicable qualified oppor-
tunity zone business’ means any qualified opportunity zone busi-
ness—
‘‘(1) which is a trade or business of a qualified opportunity
fund,
‘‘(2) in which a qualified opportunity fund holds qualified
opportunity zone stock, or
‘‘(3) in which a qualified opportunity fund holds a qualified
opportunity zone partnership interest.
‘‘(c) OTHER TERMS.—Any term used in this section which is
also used in subchapter Z of chapter 1 shall have the meaning
given such term under such subchapter.
H. R. 1—159
‘‘(d)
APPLICATION
TO
QUALIFIED
RURAL
OPPORTUNITY
BUSINESSES.—Every applicable qualified rural opportunity zone
business (as defined in subsection (b) determined after application
of the substitutions described in this sentence) shall furnish the
written statement required under subsection (a), applied—
‘‘(1) by substituting ‘qualified rural opportunity’ for ‘quali-
fied opportunity’ each place it appears, and
‘‘(2) by treating any reference (after the application of para-
graph (1)) to qualified rural opportunity zone stock, a qualified
rural opportunity zone partnership interest, or a qualified rural
opportunity zone business as stock, an interest, or a business,
respectively, described in subclause (I) or (II), as the case
may be, of section 1400Z–2(b)(2)(C)(i).’’.
(2) PENALTIES.—
(A) IN GENERAL.—Part II of subchapter B of chapter
68 is amended by inserting after section 6725 the following
new section:
‘‘SEC. 6726. FAILURE TO COMPLY WITH INFORMATION REPORTING
REQUIREMENTS RELATING TO QUALIFIED OPPORTUNITY
FUNDS AND QUALIFIED RURAL OPPORTUNITY FUNDS.
‘‘(a) IN GENERAL.—If any person required to file a return under
section 6039K fails to file a complete and correct return under
such section in the time and in the manner prescribed therefor,
such person shall pay a penalty of $500 for each day during which
such failure continues.
‘‘(b) LIMITATION.—
‘‘(1) IN GENERAL.—The maximum penalty under this section
on failures with respect to any 1 return shall not exceed
$10,000.
‘‘(2) LARGE QUALIFIED OPPORTUNITY FUNDS.—In the case
of any failure described in subsection (a) with respect to a
fund the gross assets of which (determined on the last day
of the taxable year) are in excess of $10,000,000, paragraph
(1) shall be applied by substituting ‘$50,000’ for ‘$10,000’.
‘‘(c) PENALTY IN CASES OF INTENTIONAL DISREGARD.—If a failure
described in subsection (a) is due to intentional disregard, then—
‘‘(1) subsection (a) shall be applied by substituting ‘$2,500’
for ‘$500’,
‘‘(2) subsection (b)(1) shall be applied by substituting
‘$50,000’ for ‘$10,000’, and
‘‘(3) subsection (b)(2) shall be applied by substituting
‘$250,000’ for ‘$50,000’.
‘‘(d) INFLATION ADJUSTMENT.—
‘‘(1) IN GENERAL.—In the case of any failure relating to
a return required to be filed in a calendar year beginning
after 2025, each of the dollar amounts in subsections (a), (b),
and (c) shall be increased by an amount equal to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year determined by sub-
stituting ‘calendar year 2024’ for ‘calendar year 2016’ in
subparagraph (A)(ii) thereof.
‘‘(2) ROUNDING.—
‘‘(A) IN GENERAL.—If the $500 dollar amount in sub-
section (a) and (c)(1) or the $2,500 amount in subsection
(c)(1), after being increased under paragraph (1), is not
H. R. 1—160
a multiple of $10, such dollar amount shall be rounded
to the next lowest multiple of $10.
‘‘(B) ASSET
THRESHOLD.—If the $10,000,000 dollar
amount in subsection (b)(2), after being increased under
paragraph (1), is not a multiple of $10,000, such dollar
amount shall be rounded to the next lowest multiple of
$10,000.
‘‘(C) OTHER DOLLAR AMOUNTS.—If any dollar amount
in subsection (b) or (c) (other than any amount to which
subparagraph (A) or (B) applies), after being increased
under paragraph (1), is not a multiple of $1,000, such
dollar amount shall be rounded to the next lowest multiple
of $1,000.’’.
(B) INFORMATION REQUIRED TO BE SENT TO OTHER TAX-
PAYERS.—Section 6724(d)(2), as amended by the preceding
provisions of this Act, is amended—
(i) by striking ‘‘or’’ at the end of subparagraph
(LL),
(ii) by striking the period at the end of subpara-
graph (MM) and inserting a comma, and
(iii) by inserting after subparagraph (MM) the fol-
lowing new subparagraphs:
‘‘(NN) section 6039K(c) (relating to disposition of quali-
fied opportunity fund investments), or
‘‘(OO) section 6039L (relating to information required
from certain qualified opportunity zone businesses and
qualified rural opportunity zone businesses).’’.
(3) ELECTRONIC FILING.—Section 6011(e) is amended by
adding at the end the following new paragraph:
‘‘(8) QUALIFIED OPPORTUNITY FUNDS AND QUALIFIED RURAL
OPPORTUNITY FUNDS.—Notwithstanding paragraphs (1) and (2),
any return filed by a qualified opportunity fund or qualified
rural opportunity fund under section 6039K shall be filed on
magnetic media or other machine-readable form.’’.
(4) CLERICAL AMENDMENTS.—
(A) The table of sections for subpart A of part III
of subchapter A of chapter 61 is amended by inserting
after the item relating to section 6039J the following new
items:
‘‘Sec. 6039K. Returns with respect to qualified opportunity funds and qualified
rural opportunity funds.
‘‘Sec. 6039L. Information required from qualified opportunity zone businesses and
qualified rural opportunity zone businesses.’’.
(B) The table of sections for part II of subchapter
B of chapter 68 is amended by inserting after the item
relating to section 6725 the following new item:
‘‘Sec. 6726. Failure to comply with information reporting requirements relating to
qualified opportunity funds and qualified rural opportunity funds.’’.
(5) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to taxable years beginning after the date
of the enactment of this Act.
(e) SECRETARY REPORTING
OF DATA
ON OPPORTUNITY ZONE
AND RURAL OPPORTUNITY ZONE TAX INCENTIVES.—
(1) IN GENERAL.—In addition to amounts otherwise avail-
able, there is appropriated, out of any money in the Treasury
not otherwise appropriated, $15,000,000, to remain available
until September 30, 2028, for necessary expenses of the Internal
H. R. 1—161
Revenue Service to make the reports described in paragraph
(2).
(2) REPORTS.—As soon as practical after the date of the
enactment of this Act, and annually thereafter, the Secretary
of the Treasury, or the Secretary’s delegate (referred to in
this section as the ‘‘Secretary’’) shall make publicly available
a report on qualified opportunity funds.
(3) INFORMATION
INCLUDED.—The report required under
paragraph (2) shall include, to the extent available, the fol-
lowing information:
(A) The number of qualified opportunity funds.
(B) The aggregate dollar amount of assets held in
qualified opportunity funds.
(C) The aggregate dollar amount of investments made
by qualified opportunity funds in qualified opportunity fund
property, stated separately for each North American
Industry Classification System (NAICS) code.
(D) The percentage of population census tracts des-
ignated as qualified opportunity zones that have received
qualified opportunity fund investments.
(E) For each population census tract designated as
a qualified opportunity zone, the approximate average
monthly number of full-time equivalent employees of the
qualified opportunity zone businesses in such qualified
opportunity zone for the preceding 12-month period (within
numerical ranges identified by the Secretary) or such other
indication of the employment impact of such qualified
opportunity fund businesses as determined appropriate by
the Secretary.
(F) The percentage of the total amount of investments
made by qualified opportunity funds in—
(i) qualified opportunity zone property which is
real property; and
(ii) other qualified opportunity zone property.
(G) For each population census tract, the aggregate
approximate number of residential units resulting from
investments made by qualified opportunity funds in real
property.
(H) The aggregate dollar amount of investments made
by qualified opportunity funds in each population census
tract.
(4) ADDITIONAL INFORMATION.—
(A) IN GENERAL.—Beginning with the report submitted
under paragraph (2) for the 6th year after the date of
the enactment of this Act, the Secretary shall include in
such report the impacts and outcomes of a designation
of a population census tract as a qualified opportunity
zone as measured by economic indicators, such as job cre-
ation, poverty reduction, new business starts, and other
metrics as determined by the Secretary.
(B) SEMI-DECENNIAL INFORMATION.—
(i) IN GENERAL.—In the case of any report sub-
mitted under paragraph (2) in the 6th year or the
11th year after the date of the enactment of this Act,
the Secretary shall include the following information:
(I) For population census tracts designated as
a qualified opportunity zone, a comparison (based
H. R. 1—162
on aggregate information) of the factors listed in
clause (iii) between the 5-year period ending on
the date of the enactment of Public Law 115–
97 and the most recent 5-year period for which
data is available.
(II) For population census tracts designated
as a qualified opportunity zone, a comparison
(based on aggregate information) of the factors
listed in clause (iii) for the most recent 5-year
period for which data is available between such
population census tracts and similar population
census tracts that were not designated as a quali-
fied opportunity zone.
(ii) CONTROL GROUPS.—For purposes of clause (i),
the Secretary may combine population census tracts
into such groups as the Secretary determines appro-
priate for purposes of making comparisons.
(iii) FACTORS LISTED.—The factors listed in this
clause are the following:
(I) The unemployment rate.
(II) The number of persons working in the
population census tract, including the percentage
of such persons who were not residents in the
population census tract in the preceding year.
(III) Individual, family, and household poverty
rates.
(IV) Median family income of residents of the
population census tract.
(V) Demographic information on residents of
the population census tract, including age, income,
education, race, and employment.
(VI) The average percentage of income of resi-
dents of the population census tract spent on rent
annually.
(VII) The number of residences in the popu-
lation census tract.
(VIII) The rate of home ownership in the popu-
lation census tract.
(IX) The average value of residential property
in the population census tract.
(X) The number of affordable housing units
in the population census tract.
(XI) The number of new business starts in
the population census tract.
(XII) The distribution of employees in the
population census tract by North American
Industry Classification System (NAICS) code.
(5) PROTECTION OF IDENTIFIABLE RETURN INFORMATION.—
In making reports required under this subsection, the Sec-
retary—
(A) shall establish appropriate procedures to ensure
that any amounts reported do not disclose taxpayer return
information that can be associated with any particular
taxpayer or competitive or proprietary information, and
H. R. 1—163
(B) if necessary to protect taxpayer return information,
may combine information required with respect to indi-
vidual population census tracts into larger geographic
areas.
(6) DEFINITIONS.—Any term used in this subsection which
is also used in subchapter Z of chapter 1 of the Internal Revenue
Code of 1986 shall have the meaning given such term under
such subchapter.
(7) REPORTS ON QUALIFIED RURAL OPPORTUNITY FUNDS.—
The Secretary shall make publicly available, with respect to
qualified rural opportunity funds, separate reports as required
under this subsection, applied—
(A) by substituting ‘‘qualified rural opportunity’’ for
‘‘qualified opportunity’’ each place it appears,
(B) by substituting a reference to this Act for ‘‘Public
Law 115–97’’, and
(C) by treating any reference (after the application
of subparagraph (A)) to qualified rural opportunity zone
stock, qualified rural opportunity zone partnership interest,
qualified rural opportunity zone business, or qualified
opportunity zone business property as stock, interest, busi-
ness, or property, respectively, described in subclause (I)
or (II), as the case may be, of section 1400Z–2(b)(2)(C)(i)
of the Internal Revenue Code of 1986.
SEC. 70422. PERMANENT ENHANCEMENT OF LOW-INCOME HOUSING
TAX CREDIT.
(a) PERMANENT STATE HOUSING CREDIT CEILING INCREASE FOR
LOW-INCOME HOUSING CREDIT.—
(1) IN GENERAL.—Section 42(h)(3)(I) is amended—
(A) by striking ‘‘2018, 2019, 2020, and 2021,’’ and
inserting ‘‘beginning after December 31, 2025,’’,
(B) by striking ‘‘1.125’’ and inserting ‘‘1.12’’, and
(C) by striking ‘‘2018, 2019, 2020, AND 2021’’ in the heading
and inserting ‘‘CALENDAR YEARS AFTER 2025’’.
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to calendar years beginning after December
31, 2025.
(b) TAX-EXEMPT BOND FINANCING REQUIREMENT.—
(1) IN GENERAL.—Section 42(h)(4) is amended by striking
subparagraph (B) and inserting the following:
‘‘(B) SPECIAL
RULE
WHERE
MINIMUM
PERCENT
OF
BUILDINGS IS FINANCED WITH TAX-EXEMPT BONDS SUBJECT
TO VOLUME CAP.—For purposes of subparagraph (A), para-
graph (1) shall not apply to any portion of the credit allow-
able under subsection (a) with respect to a building if—
‘‘(i) 50 percent or more of the aggregate basis of
such building and the land on which the building is
located is financed by 1 or more obligations described
in subparagraph (A), or
‘‘(ii)(I) 25 percent or more of the aggregate basis
of such building and the land on which the building
is located is financed by 1 or more obligations described
in subparagraph (A), and
‘‘(II) 1 or more of such obligations—
‘‘(aa) are part of an issue the issue date of
which is after December 31, 2025, and
H. R. 1—164
‘‘(bb) provide the financing for not less than
5 percent of the aggregate basis of such building
and the land on which the building is located.’’.
(2) EFFECTIVE DATE.—
(A) IN GENERAL.—The amendment made by this sub-
section shall apply to buildings placed in service in taxable
years beginning after December 31, 2025.
(B) REHABILITATION EXPENDITURES TREATED AS SEPA-
RATE NEW BUILDING.—In the case of any building with
respect to which any expenditures are treated as a separate
new building under section 42(e) of the Internal Revenue
Code of 1986, for purposes of subparagraph (A), both the
existing building and the separate new building shall be
treated as having been placed in service on the date such
expenditures are treated as placed in service under section
42(e)(4) of such Code.
SEC. 70423. PERMANENT EXTENSION OF NEW MARKETS TAX CREDIT.
(a) IN GENERAL.—Section 45D(f)(1)(H) is amended by striking
‘‘for for each of calendar years 2020 through 2025’’ and inserting
‘‘ for each calendar year after 2019’’.
(b) CARRYOVER OF UNUSED LIMITATION.—Section 45D(f)(3) is
amended—
(1) by striking ‘‘If the’’ and inserting the following:
‘‘(A) IN GENERAL.—If the’’, and
(2) by striking the second sentence and inserting the fol-
lowing:
‘‘(B) LIMITATION.—No amount may be carried under
subparagraph (A) to any calendar year afer the fifth cal-
endar year after the calendar year in which the excess
described in such subparagraph occurred. For purposes
of this subparagraph, any excess described in subparagraph
(A) with respect to any calendar year before 2026 shall
be treated as occurring in calendar year 2025.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to calendar years beginning after December 31, 2025.
SEC. 70424. PERMANENT AND EXPANDED REINSTATEMENT OF PAR-
TIAL DEDUCTION FOR CHARITABLE CONTRIBUTIONS OF
INDIVIDUALS WHO DO NOT ELECT TO ITEMIZE.
(a) IN GENERAL.—Section 170(p) is amended—
(1) by striking ‘‘$300 ($600’’ and inserting ‘‘$1,000 ($2,000’’,
and
(2) by striking ‘‘beginning in 2021’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70425. 0.5 PERCENT FLOOR ON DEDUCTION OF CONTRIBUTIONS
MADE BY INDIVIDUALS.
(a) IN GENERAL.—
(1) IN
GENERAL.—Paragraph (1) of section 170(b) is
amended by adding at the end the following new subparagraph:
‘‘(I) 0.5-PERCENT FLOOR.—Any charitable contribution
otherwise allowable (without regard to this subparagraph)
as a deduction under this section shall be allowed only
to the extent that the aggregate of such contributions
exceeds 0.5 percent of the taxpayer’s contribution base
H. R. 1—165
for the taxable year. The preceding sentence shall be
applied—
‘‘(i) first, by taking into account charitable con-
tributions to which subparagraph (D) applies to the
extent thereof,
‘‘(ii) second, by taking into account charitable con-
tributions to which subparagraph (C) applies to the
extent thereof,
‘‘(iii) third, by taking into account charitable con-
tributions to which subparagraph (B) applies to the
extent thereof,
‘‘(iv) fourth, by taking into account charitable con-
tributions to which subparagraph (E) applies to the
extent thereof,
‘‘(v) fifth, by taking into account charitable con-
tributions to which subparagraph (A) applies to the
extent thereof, and
‘‘(vi) sixth, by taking into account charitable con-
tributions to which subparagraph (G) applies to the
extent thereof.’’.
(2) APPLICATION OF CARRYFORWARD.—Paragraph (1) of sec-
tion 170(d) is amended by adding at the end the following
new subparagraph:
‘‘(C) CONTRIBUTIONS DISALLOWED BY 0.5-PERCENT FLOOR
CARRIED FORWARD ONLY FROM YEARS IN WHICH LIMITATION
IS EXCEEDED.—
‘‘(i) IN GENERAL.—In the case of any taxable year
from which an excess is carried forward (determined
without regard to this subparagraph) under any carry-
over rule, the applicable carryover rule shall be applied
by increasing the excess determined under such
applicable carryover rule for the contribution year
(before the application of subparagraph (B)) by the
amount attributable to the charitable contributions to
which such rule applies which is not allowed as a
deduction for the contribution year by reason of sub-
section (b)(1)(I).
‘‘(ii) CARRYOVER
RULE.—For purposes of this
subparagraph, the term ‘carryover rule’ means—
‘‘(I) subparagraph (A) of this paragraph,
‘‘(II) subparagraphs (C)(ii), (D)(ii), (E)(ii), and
(G)(ii) of subsection (b)(1), and
‘‘(III) the second sentence of subsection
(b)(1)(B).
‘‘(iii) APPLICABLE CARRYOVER RULE.—For purposes
of this subparagraph, the term ‘applicable carryover
rule’ means any carryover rule applicable to charitable
contributions which were (in whole or in part) not
allowed as a deduction for the contribution year by
reason of subsection (b)(1)(I).’’.
(3) COORDINATION WITH DEDUCTION FOR NONITEMIZERS.—
Section 170(p), as amended by this Act, is further amended
by inserting ‘‘, (b)(1)(I),’’ after ‘‘subsections (b)(1)(G)(ii)’’.
(b) MODIFICATION OF LIMITATION FOR CASH CONTRIBUTIONS.—
(1) IN
GENERAL.—Clause (i) of section 170(b)(1)(G) is
amended to read as follows:
H. R. 1—166
‘‘(i) IN
GENERAL.—For taxable years beginning
after December 31, 2017, any contribution of cash to
an organization described in subparagraph (A) shall
be allowed as a deduction under subsection (a) to the
extent that the aggregate of such contributions does
not exceed the excess of—
‘‘(I) 60 percent of the taxpayer’s contribution
base for the taxable year, over
‘‘(II) the aggregate amount of contributions
taken into account under subparagraph (A) for
such taxable year.’’.
(2) COORDINATION WITH OTHER LIMITATIONS.—
(A) IN GENERAL.—Clause (iii) of section 170(b)(1)(G)
is amended—
(i) by striking ‘‘SUBPARAGRAPHS (A) AND (B)’’ in the
heading and inserting ‘‘SUBPARAGRAPH (A)’’, and
(ii) in subclause (II), by striking ‘‘, and subpara-
graph (B)’’ and all that follows through ‘‘this subpara-
graph’’.
(B) OTHER CONTRIBUTIONS.—Subparagraph (B) of sec-
tion 170(b)(1) is amended—
(i) by striking ‘‘to which subparagraph (A)’’ both
places it appears and inserting ‘‘to which subparagraph
(A) or (G)’’, and
(ii) in clause (ii), by striking ‘‘over the amount’’
and all that follows through ‘‘subparagraph (C)).’’ and
inserting ‘‘over—
‘‘(I) the amount of charitable contributions
allowable under subparagraph (A) (determined
without regard to subparagraph (C)) and subpara-
graph (G), reduced by
‘‘(II) so much of the contributions taken into
account under subparagraph (G) as does not exceed
10 percent of the taxpayer’s contribution base.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70426. 1-PERCENT FLOOR ON DEDUCTION OF CHARITABLE CON-
TRIBUTIONS MADE BY CORPORATIONS.
(a) IN GENERAL.—Section 170(b)(2)(A) is amended to read as
follows:
‘‘(A) IN GENERAL.—Any charitable contribution other-
wise allowable (without regard to this subparagraph) as
a deduction under this section for any taxable year, other
than any contribution to which subparagraph (B) or (C)
applies, shall be allowed only to the extent that the aggre-
gate of such contributions—
‘‘(i) exceeds 1 percent of the taxpayer’s taxable
income for the taxable year, and
‘‘(ii) does not exceed 10 percent of the taxpayer’s
taxable income for the taxable year.’’.
(b) APPLICATION
OF
CARRYFORWARD.—Section 170(d)(2) is
amended to read as follows:
‘‘(2) CORPORATIONS.—
‘‘(A) IN GENERAL.—Any charitable contribution taken
into account under subsection (b)(2)(A) for any taxable
year which is not allowed as a deduction by reason of
H. R. 1—167
clause (ii) thereof shall be taken into account as a charitable
contribution for the succeeding taxable year, except that,
for purposes of determining under this subparagraph
whether such contribution is allowed in such succeeding
taxable year, contributions in such succeeding taxable year
(determined without regard to this paragraph) shall be
taken into account under subsection (b)(2)(A) before any
contribution taken into account by reason of this paragraph.
‘‘(B) 5-YEAR CARRYFORWARD.—No charitable contribu-
tion may be carried forward under subparagraph (A) to
any taxable year following the fifth taxable year after the
taxable year in which the charitable contribution was first
taken into account. For purposes of the preceding sentence,
contributions shall be treated as allowed on a first-in first-
out basis.
‘‘(C) CONTRIBUTIONS DISALLOWED BY 1-PERCENT FLOOR
CARRIED FORWARD ONLY FROM YEARS IN WHICH 10 PERCENT
LIMITATION IS EXCEEDED.—In the case of any taxable year
from which a charitable contribution is carried forward
under subparagraph (A) (determined without regard this
subparagraph), subparagraph (A) shall be applied by sub-
stituting ‘clause (i) or (ii)’ for ‘clause (ii)’.
‘‘(D)
SPECIAL
RULE
FOR
NET
OPERATING
LOSS
CARRYOVERS.—The amount of charitable contributions car-
ried forward under subparagraph (A) shall be reduced to
the extent that such carryfoward would (but for this
subparagraph) reduce taxable income (as computed for pur-
poses of the second sentence of section 172(b)(2)) and
increase a net operating loss carryover under section 172
to a succeeding taxable year.’’.
(c) CONFORMING
AMENDMENTS.—Subparagraphs (B)(ii) and
(C)(ii) of section 170(b)(2) are each amended by inserting ‘‘other
than subparagraph (C) thereof’’ after ‘‘subsection (d)(2)’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70427. PERMANENT INCREASE IN LIMITATION ON COVER OVER
OF TAX ON DISTILLED SPIRITS.
(a) IN GENERAL.—Paragraph (1) of section 7652(f) is amended
to read as follows:
‘‘(1) $13.25, or’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to distilled spirits brought into the United States after
December 31, 2025.
SEC. 70428. NONPROFIT COMMUNITY DEVELOPMENT ACTIVITIES IN
REMOTE NATIVE VILLAGES.
(a) IN GENERAL.—For purposes of subchapter F of chapter
1 of the Internal Revenue Code of 1986, any activity substantially
related to participation or investment in fisheries in the Bering
Sea and Aleutian Islands statistical and reporting areas (as
described in Figure 1 of section 679 of title 50, Code of Federal
Regulations) carried on by an entity identified in section 305(i)(1)(D)
of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1855(i)(1)(D)) (as in effect on the date of enactment
of this section) shall be considered substantially related to the
exercise or performance of the purpose constituting the basis of
such entity’s exemption under section 501(a) of such Code if the
H. R. 1—168
conduct of such activity is in furtherance of 1 or more of the
purposes specified in section 305(i)(1)(A) of such Act (as so in
effect). For purposes of this paragraph, activities substantially
related to participation or investment in fisheries include the har-
vesting, processing, transportation, sales, and marketing of fish
and fish products of the Bering Sea and Aleutian Islands statistical
and reporting areas.
(b) APPLICATION TO CERTAIN WHOLLY OWNED SUBSIDIARIES.—
If the assets of a trade or business relating to an activity described
in subsection (a) of any subsidiary wholly owned by an entity
identified in section 305(i)(1)(D) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(i)(1)(D)) (as
in effect on the date of enactment of this section) are transferred
to such entity (including in liquidation of such subsidiary) not
later than 18 months after the date of the enactment of this Act—
(1) no gain or income resulting from such transfer shall
be recognized to either such subsidiary or such entity under
such Code, and
(2) all income derived from such subsidiary from such
transferred trade or business shall be exempt from taxation
under such Code.
(c) EFFECTIVE DATE.—This section shall take effect on the date
of the enactment of this Act and shall remain effective during
the existence of the western Alaska community development quota
program established by Section 305(i)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1855(i)(1)),
as amended.
SEC. 70429. ADJUSTMENT OF CHARITABLE DEDUCTION FOR CERTAIN
EXPENSES INCURRED IN SUPPORT OF NATIVE ALASKAN
SUBSISTENCE WHALING.
(a) IN GENERAL.—Section 170(n)(1) of the Internal Revenue
Code of 1986 is amended by striking ‘‘$10,000’’ and inserting
‘‘$50,000’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70430. EXCEPTION TO PERCENTAGE OF COMPLETION METHOD
OF
ACCOUNTING
FOR
CERTAIN
RESIDENTIAL
CONSTRUCTION CONTRACTS.
(a) IN GENERAL.—Section 460(e) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘home construction contract’’ both places
it appears and inserting ‘‘residential construction contract’’,
and
(B) by inserting ‘‘(determined by substituting ‘3-year’
for ‘2-year’ in subparagraph (B)(i) for any residential
construction contract which is not a home construction
contract)’’ after ‘‘the requirements of clauses (i) and (ii)
of subparagraph (B)’’,
(2) by striking paragraph (4) and redesignating paragraph
(5) as paragraph (4), and
(3) in subparagraph (A) of paragraph (4), as so redesig-
nated, by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph
(3)’’.
(b) APPLICATION OF EXCEPTION FOR PURPOSES OF ALTERNATIVE
MINIMUM TAX.—Section 56(a)(3) is amended by striking ‘‘any home
construction contract (as defined in section 460(e)(6))’’ and inserting
H. R. 1—169
‘‘any residential construction contract (as defined in section
460(e)(4))’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to contracts entered into in taxable years beginning
after the date of the enactment of this Act.
Subchapter D—Permanent Investments in Small Business
and Rural America
SEC. 70431. EXPANSION OF QUALIFIED SMALL BUSINESS STOCK GAIN
EXCLUSION.
(a) PHASED INCREASE IN EXCLUSION FOR GAIN FROM QUALIFIED
SMALL BUSINESS STOCK.—
(1) IN GENERAL.—Section 1202(a)(1) is amended to read
as follows:
‘‘(1) IN GENERAL.— In the case of a taxpayer other than
a corporation, gross income shall not include—
‘‘(A) except as provided in paragraphs (3) and (4), 50
percent of any gain from the sale or exchange of qualified
small business stock acquired on or before the applicable
date and held for more than 5 years, and
‘‘(B) the applicable percentage of any gain from the
sale or exchange of qualified small business stock acquired
after the applicable date and held for at least 3 years.’’.
(2) APPLICABLE PERCENTAGE.—Section 1202(a) is amended
by adding at the end the following new paragraph:
‘‘(5) APPLICABLE PERCENTAGE.—The applicable percentage
under paragraph (1) shall be determined under the following
table:
‘‘Years stock held:
Applicable
percentage:
3 years .......................................................................
50%
4 years .......................................................................
75%
5 years or more ........................................................
100%’’.
(3) APPLICABLE DATE; ACQUISITION DATE.—Section 1202(a),
as amended by paragraph (2), is amended by adding at the
end the following new paragraph:
‘‘(6) APPLICABLE DATE; ACQUISITION DATE.—For purposes
of this section—
‘‘(A) APPLICABLE
DATE.—The term ‘applicable date’
means the date of the enactment of this paragraph.
‘‘(B) ACQUISITION DATE.—In the case of any stock which
would (but for this paragraph) be treated as having been
acquired before, on, or after the applicable date, whichever
is applicable, the acquisition date for purposes of this sec-
tion shall be the first day on which such stock was held
by the taxpayer determined after the application of section
1223.’’.
(4) CONTINUED
TREATMENT
AS
NOT
ITEM
OF
TAX
PREF-
ERENCE.—
(A) IN
GENERAL.—Section 57(a)(7) is amended by
striking ‘‘An amount’’ and inserting ‘‘In the case of stock
H. R. 1—170
acquired on or before the date of the enactment of the
Creating Small Business Jobs Act of 2010, an amount’’.
(B) CONFORMING
AMENDMENT.—Section 1202(a)(4) is
amended—
(i) by striking ‘‘, and’’ at the end of subparagraph
(B) and inserting a period, and
(ii) by striking subparagraph (C).
(5) OTHER CONFORMING AMENDMENTS.—
(A) Paragraphs (3)(A) and (4)(A) of section 1202(a)
are each amended by striking ‘‘paragraph (1)’’ and inserting
‘‘paragraph (1)(A)’’.
(B) Paragraph (4)(A) of section 1202(a) is amended
by inserting ‘‘and on or before the applicable date’’ after
‘‘2010’’.
(C) Sections 1202(b)(2), 1202(g)(2)(A), and 1202(j)(1)(A)
are each amended by striking ‘‘more than 5 years’’ and
inserting ‘‘at least 3 years (more than 5 years in the case
of stock acquired on or before the applicable date)’’.
(6) EFFECTIVE DATES.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the amendments made by this subsection shall apply
to taxable years beginning after the date of the enactment
of this Act.
(B) CONTINUED TREATMENT AS NOT ITEM OF TAX PREF-
ERENCE.—The amendments made by paragraph (4) shall
take effect as if included in the enactment of section 2011
of the Creating Small Business Jobs Act of 2010.
(b) INCREASE IN PER ISSUER LIMITATION.—
(1) IN GENERAL.—Subparagraph (A) of section 1202(b)(1)
is amended to read as follows:
‘‘(A) the applicable dollar limit for the taxable year,
or’’.
(2) APPLICABLE DOLLAR LIMIT.—Section 1202 (b) is amended
by adding at the end the following:
‘‘(4) APPLICABLE DOLLAR LIMIT.—For purposes of paragraph
(1)(A), the applicable dollar limit for any taxable year with
respect to eligible gain from 1 or more dispositions by a tax-
payer of qualified business stock of a corporation is—
‘‘(A) if such stock was acquired by the taxpayer on
or before the applicable date, $10,000,000, reduced by the
aggregate amount of eligible gain taken into account by
the taxpayer under subsection (a) for prior taxable years
and attributable to dispositions of stock issued by such
corporation and acquired by the taxpayer before, on, or
after the applicable date, and
‘‘(B) if such stock was acquired by the taxpayer after
the applicable date, $15,000,000, reduced by the sum of—
‘‘(i) the aggregate amount of eligible gain taken
into account by the taxpayer under subsection (a) for
prior taxable years and attributable to dispositions
of stock issued by such corporation and acquired by
the taxpayer before, on, or after the applicable date,
plus
‘‘(ii) the aggregate amount of eligible gain taken
into account by the taxpayer under subsection (a) for
the taxable year and attributable to dispositions of
H. R. 1—171
stock issued by such corporation and acquired by the
taxpayer on or before the applicable date.
‘‘(5) INFLATION ADJUSTMENT.—
‘‘(A) IN
GENERAL.—In the case of any taxable year
beginning after 2026, the $15,000,000 amount in paragraph
(4)(B) 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 by substituting
‘calendar year 2025’ for ‘calendar year 2016’ in
subparagraph (A)(ii) thereof.
If any increase under this subparagraph is not a multiple
of $10,000, such increase shall be rounded to the nearest
multiple of $10,000.
‘‘(B) NO INCREASE ONCE LIMIT REACHED.—If, for any
taxable year, the eligible gain attributable to dispositions
of stock issued by a corporation and acquired by the tax-
payer after the applicable date exceeds the applicable dollar
limit, then notwithstanding any increase under subpara-
graph (A) for any subsequent taxable year, the applicable
dollar limit for such subsequent taxable year shall be zero.’’.
(3) SEPARATE
RETURNS.—Subparagraph (A) of section
1202(b)(3) is amended to read as follows:
‘‘(A) SEPARATE RETURNS.—In the case of a separate
return by a married individual for any taxable year—
‘‘(i) paragraph (4)(A) shall be applied by sub-
stituting ‘$5,000,000’ for ‘$10,000,000’, and
‘‘(ii) paragraph (4)(B) shall be applied by sub-
stituting one-half of the dollar amount in effect under
such paragraph for the taxable year for the amount
so in effect.’’.
(4) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to taxable years beginning after the date
of the enactment of this Act.
(c) INCREASE IN LIMIT IN AGGREGATE GROSS ASSETS.—
(1) IN
GENERAL.—Subparagraphs (A) and (B) of section
1202(d)(1) are each amended by striking ‘‘$50,000,000’’ and
inserting ‘‘$75,000,000’’.
(2) INFLATION ADJUSTMENT.—Section 1202(b) is amended
by adding at the end the following:
‘‘(4) INFLATION ADJUSTMENT.—In the case of any taxable
year beginning after 2026, the $75,000,000 amounts in para-
graphs (1)(A) and (1)(B) shall each be increased by an amount
equal to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting ‘calendar year
2025’ for ‘calendar year 2016’ in subparagraph (A)(ii)
thereof.
If any increase under this paragraph is not a multiple of
$10,000, such increase shall be rounded to the nearest multiple
of $10,000.’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to stock issued after the date of the enact-
ment of this Act.
H. R. 1—172
SEC. 70432. REPEAL OF REVISION TO DE MINIMIS RULES FOR THIRD
PARTY NETWORK TRANSACTIONS.
(a) REINSTATEMENT OF EXCEPTION FOR DE MINIMIS PAYMENTS
AS IN EFFECT PRIOR TO ENACTMENT OF AMERICAN RESCUE PLAN
ACT OF 2021.—
(1) IN
GENERAL.—Section 6050W(e) is amended to read
as follows:
‘‘(e) EXCEPTION FOR DE MINIMIS PAYMENTS BY THIRD PARTY
SETTLEMENT ORGANIZATIONS.—A third party settlement organiza-
tion shall be required to report any information under subsection
(a) with respect to third party network transactions of any partici-
pating payee only if—
‘‘(1) the amount which would otherwise be reported under
subsection (a)(2) with respect to such transactions exceeds
$20,000, and
‘‘(2) the aggregate number of such transactions exceeds
200.’’.
(2) EFFECTIVE DATE.—The amendment made by this sub-
section shall take effect as if included in section 9674 of the
American Rescue Plan Act.
(b) APPLICATION OF DE MINIMIS RULE FOR THIRD PARTY NET-
WORK TRANSACTIONS TO BACKUP WITHHOLDING.—
(1) IN GENERAL.—Section 3406(b) is amended by adding
at the end the following new paragraph:
‘‘(8) OTHER REPORTABLE PAYMENTS INCLUDE PAYMENTS IN
SETTLEMENT
OF
THIRD
PARTY
NETWORK
TRANSACTIONS
ONLY
WHERE
AGGREGATE
TRANSACTIONS
EXCEED
REPORTING
THRESHOLD FOR THE CALENDAR YEAR.—
‘‘(A) IN GENERAL.—Any payment in settlement of a
third party network transaction required to be shown on
a return required under section 6050W which is made
during any calendar year shall be treated as a reportable
payment only if—
‘‘(i) the aggregate number of transactions with
respect to the participating payee during such calendar
year exceeds the number of transactions specified in
section 6050W(e)(2), and
‘‘(ii) the aggregate amount of transactions with
respect to the participating payee during such calendar
year exceeds the dollar amount specified in section
6050W(e)(1) at the time of such payment.
‘‘(B) EXCEPTION
IF
THIRD
PARTY
NETWORK
TRANS-
ACTIONS MADE IN PRIOR YEAR WERE REPORTABLE.—Subpara-
graph (A) shall not apply with respect to payments to
any participating payee during any calendar year if one
or more payments in settlement of third party network
transactions made by the payor to the participating payee
during the preceding calendar year were reportable pay-
ments.’’.
(2) EFFECTIVE DATE.—The amendment made by this sub-
section shall apply to calendar years beginning after December
31, 2024.
SEC. 70433. INCREASE IN THRESHOLD FOR REQUIRING INFORMATION
REPORTING WITH RESPECT TO CERTAIN PAYEES.
(a) IN GENERAL.—Section 6041(a) is amended by striking ‘‘$600’’
and inserting ‘‘$2,000’’.
H. R. 1—173
(b) INFLATION ADJUSTMENT.—Section 6041 is amended by
adding at the end the following new subsection:
‘‘(h) INFLATION ADJUSTMENT.—In the case of any calendar year
after 2026, the dollar amount in subsection (a) shall be increased
by an amount equal to—
‘‘(1) such dollar amount, multiplied by
‘‘(2) the cost-of-living adjustment determined under section
1(f)(3) for such calendar year, determined by substituting ‘cal-
endar year 2025’ for ‘calendar year 2016’ in subparagraph (A)(ii)
thereof.
If any increase under the preceding sentence is not a multiple
of $100, such increase shall be rounded to the nearest multiple
of $100.’’.
(c) APPLICATION TO REPORTING ON REMUNERATION FOR SERV-
ICES.—Section 6041A(a)(2) is amended by striking ‘‘is $600 or more’’
and inserting ‘‘equals or exceeds the dollar amount in effect for
such calendar year under section 6041(a)’’.
(d) APPLICATION TO BACKUP WITHHOLDING.—Section 3406(b)(6)
is amended—
(1) by striking ‘‘$600’’ in subparagraph (A) and inserting
‘‘the dollar amount in effect for such calendar year under section
6041(a)’’, and
(2) by striking ‘‘ONLY WHERE AGGREGATE FOR CALENDAR
YEAR IS $600 OR MORE’’ in the heading and inserting ‘‘ONLY
WHERE IN EXCESS OF THRESHOLD’’.
(e) CONFORMING AMENDMENTS.—
(1) The heading of section 6041(a) is amended by striking
‘‘OF $600 OR MORE’’ and inserting ‘‘EXCEEDING THRESHOLD’’.
(2) Section 6041(a) is amended by striking ‘‘taxable year’’
and inserting ‘‘calendar year’’.
(f) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to payments made after December 31,
2025.
SEC. 70434. TREATMENT OF CERTAIN QUALIFIED SOUND RECORDING
PRODUCTIONS.
(a) ELECTION TO TREAT COSTS AS EXPENSES.—Section 181(a)(1)
is amended by striking ‘‘qualified film or television production,
and any qualified live theatrical production,’’ and inserting ‘‘quali-
fied film or television production, any qualified live theatrical
production, and any qualified sound recording production’’.
(b) DOLLAR LIMITATION.—Section 181(a)(2) is amended by
adding at the end the following new subparagraph:
‘‘(C) QUALIFIED SOUND RECORDING PRODUCTION.—Para-
graph (1) shall not apply to so much of the aggregate
cost of any qualified sound recording production, or to
so much of the aggregate, cumulative cost of all such quali-
fied sound recording productions in the taxable year, as
exceeds $150,000.’’.
(c) NO OTHER DEDUCTION OR AMORTIZATION DEDUCTION ALLOW-
ABLE.—Section 181(b) is amended by striking ‘‘qualified film or
television production or any qualified live theatrical production’’
and inserting ‘‘qualified film or television production, any qualified
live theatrical production, or any qualified sound recording produc-
tion’’.
(d) ELECTION.—Section 181(c)(1) is amended by striking ‘‘quali-
fied film or television production or any qualified live theatrical
H. R. 1—174
production’’ and inserting ‘‘qualified film or television production,
any qualified live theatrical production, or any qualified sound
recording production’’.
(e) QUALIFIED SOUND RECORDING PRODUCTION DEFINED.—Sec-
tion 181 is amended by redesignating subsections (f) and (g) as
subsections (g) and (h), respectively, and by inserting after sub-
section (e) the following new subsection:
‘‘(f) QUALIFIED SOUND RECORDING PRODUCTION.—For purposes
of this section, the term ‘qualified sound recording production’
means a sound recording (as defined in section 101 of title 17,
United States Code) produced and recorded in the United States.’’.
(f) APPLICATION OF TERMINATION.—Section 181(h), as redesig-
nated by subsection (e), is amended by striking ‘‘qualified film
and television productions or qualified live theatrical productions’’
and inserting ‘‘qualified film and television productions, qualified
live theatrical productions, or qualified sound recording produc-
tions’’.
(g) BONUS DEPRECIATION.—
(1) QUALIFIED SOUND RECORDING PRODUCTION AS QUALIFIED
PROPERTY.—Section 168(k)(2)(A)(i) is amended—
(A) by striking ‘‘or’’ at the end of subclause (IV), by
inserting ‘‘or’’ at the end of subclause (V), and by inserting
after subclause (V) the following:
‘‘(VI) which is a qualified sound recording
production (as defined in subsection (f) of section
181) for which a deduction would have been allow-
able under section 181 without regard to sub-
sections (a)(2) and (h) of such section or this sub-
section, and’’, and
(B) in subclauses (IV) and (V) (as so amended) by
striking ‘‘without regard to subsections (a)(2) and (g)’’ both
places it appears and inserting ‘‘without regard to sub-
sections (a)(2) and (h)’’.
(2) PRODUCTION PLACED IN SERVICE.—Section 168(k)(2)(H)
is amended by striking ‘‘and’’ at the end of clause (i), by striking
the period at the end of clause (ii) and inserting ‘‘, and’’,
and by adding after clause (ii) the following:
‘‘(iii) a qualified sound recording production shall
be considered to be placed in service at the time of
initial release or broadcast.’’.
(h) CONFORMING AMENDMENTS.—
(1) The heading for section 181 is amended to read as
follows: ‘‘TREATMENT OF CERTAIN QUALIFIED PRODUCTIONS.’’.
(2) The table of sections for part VI of subchapter B of
chapter 1 is amended by striking the item relating to section
181 and inserting the following new item:
‘‘Sec. 181. Treatment of certain qualified productions.’’.
(i) EFFECTIVE DATE.—The amendments made by this section
shall apply to productions commencing in taxable years ending
after the date of the enactment of this Act.
SEC. 70435. EXCLUSION OF INTEREST ON LOANS SECURED BY RURAL
OR AGRICULTURAL REAL PROPERTY.
(a) IN GENERAL.—Part III of subchapter B of chapter 1, as
amended by the preceding provisions of this Act, is amended by
inserting after section 139K the following new section:
H. R. 1—175
‘‘SEC. 139L. INTEREST ON LOANS SECURED BY RURAL OR AGRICUL-
TURAL REAL PROPERTY.
‘‘(a) IN GENERAL.—Gross income shall not include 25 percent
of the interest received by a qualified lender on any qualified
real estate loan.
‘‘(b) QUALIFIED LENDER.—For purposes of this section, the term
‘qualified lender’ means—
‘‘(1) any bank or savings association the deposits of which
are insured under the Federal Deposit Insurance Act (12 U.S.C.
1811 et seq.),
‘‘(2) any State- or federally-regulated insurance company,
‘‘(3) any entity wholly owned, directly or indirectly, by
a company that is treated as a bank holding company for
purposes of section 8 of the International Banking Act of 1978
(12 U.S.C. 3106) if—
‘‘(A) such entity is organized, incorporated, or estab-
lished under the laws of the United States or any State,
and
‘‘(B) the principal place of business of such entity is
in the United States (including any territory of the United
States),
‘‘(4) any entity wholly owned, directly or indirectly, by
a company that is considered an insurance holding company
under the laws of any State if such entity satisfies the require-
ments described in subparagraphs (A) and (B) of paragraph
(3), and
‘‘(5) with respect to interest received on a qualified real
estate loan secured by real estate described in subsection
(c)(3)(A), any federally chartered instrumentality of the United
States established under section 8.1(a) of the Farm Credit
Act of 1971 (12 U.S.C. 2279aa-1(a)).
‘‘(c) QUALIFIED REAL ESTATE LOAN.—For purposes of this sec-
tion—
‘‘(1) IN
GENERAL.—The term ‘qualified real estate loan’
means any loan—
‘‘(A) secured by—
‘‘(i) rural or agricultural real estate, or
‘‘(ii) a leasehold mortgage (with a status as a lien)
on rural or agricultural real estate,
‘‘(B) made to a person other than a specified foreign
entity (as defined in section 7701(a)(51)), and
‘‘(C) made after the date of the enactment of this
section.
For purposes of the preceding sentence, the determination of
whether property securing such loan is rural or agricultural
real estate shall be made as of the time the interest income
on such loan is accrued.
‘‘(2) REFINANCINGS.—For purposes of subparagraphs (A)
and (C) of paragraph (1), a loan shall not be treated as made
after the date of the enactment of this section to the extent
that the proceeds of such loan are used to refinance a loan
which was made on or before the date of the enactment of
this section (or, in the case of any series of refinancings, the
original loan was made on or before such date).
‘‘(3) RURAL
OR
AGRICULTURAL
REAL
ESTATE.—The term
‘rural or agricultural real estate’ means—
H. R. 1—176
‘‘(A) any real property which is substantially used for
the production of one or more agricultural products,
‘‘(B) any real property which is substantially used in
the trade or business of fishing or seafood processing, and
‘‘(C) any aquaculture facility.
Such term shall not include any property which is not located
in a State or a possession of the United States.
‘‘(4)
AQUACULTURE
FACILITY.—The
term
‘aquaculture
facility’ means any land, structure, or other appurtenance that
is used for aquaculture (including any hatchery, rearing pond,
raceway, pen, or incubator).
‘‘(d) COORDINATION WITH SECTION 265.—In the case of any
qualified real estate loan, section 265 shall be applied—
‘‘(1) by treating any qualified real estate loan for purposes
of subsection (a)(2) thereof as an obligation the interest on
which is wholly exempt from the taxes imposed by this subtitle,
‘‘(2) by substituting ‘25 percent of the interest on indebted-
ness’ for ‘Interest on indebtedness’ in such subsection (a)(2),
‘‘(3) by treating 25 percent of the adjusted basis of any
qualified real estate loan as adjusted basis of a tax-exempt
obligation described in subsection (b)(4)(B) thereof, and
‘‘(4) by substituting ‘25 percent of the amount of such
indebtedness’ for ‘the amount of such indebtedness’ in sub-
section (b)(6)(A)(a)(ii) thereof.’’.
(b) CLERICAL AMENDMENT.—The table of sections for part III
of subchapter B of chapter 1, as amended by the preceding provi-
sions of this Act, is amended by inserting after the item relating
to section 139K the following new item:
‘‘Sec. 139L. Interest on loans secured by rural or agricultural real property.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years ending after the date of the enactment
of this Act.
SEC. 70436. REDUCTION OF TRANSFER AND MANUFACTURING TAXES
FOR CERTAIN DEVICES.
(a) TRANSFER TAX.—Section 5811(a) is amended to read as
follows:
‘‘(a) RATE.—There shall be levied, collected, and paid on fire-
arms transferred a tax at the rate of—
‘‘(1) $200 for each firearm transferred in the case of a
machinegun or a destructive device, and
‘‘(2) $0 for any firearm transferred which is not described
in paragraph (1).’’.
(b) MAKING TAX.—Section 5821(a) is amended to read as follows:
‘‘(a) RATE.—There shall be levied, collected, and paid upon
the making of a firearm a tax at the rate of—
‘‘(1) $200 for each firearm made in the case of a machinegun
or a destructive device, and
‘‘(2) $0 for any firearm made which is not described in
paragraph (1).’’.
(c) CONFORMING AMENDMENT.—Section 4182(a) is amended by
adding at the end the following: ‘‘For purposes of the preceding
sentence, any firearm described in section 5811(a)(2) shall be
deemed to be a firearm on which the tax provided by section
5811 has been paid.’’
H. R. 1—177
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to calendar quarters beginning more than 90 days
after the date of the enactment of this Act.
SEC. 70437. TREATMENT OF CAPITAL GAINS FROM THE SALE OF CER-
TAIN FARMLAND PROPERTY.
(a) IN GENERAL.—Part IV of subchapter O of chapter 1 is
amended by redesignating section 1062 as section 1063 and by
inserting after section 1061 the following new section:
‘‘SEC. 1062. GAIN FROM THE SALE OR EXCHANGE OF QUALIFIED FARM-
LAND PROPERTY TO QUALIFIED FARMERS.
‘‘(a) ELECTION TO PAY TAX IN INSTALLMENTS.—In the case of
gain from the sale or exchange of qualified farmland property
to a qualified farmer, at the election of the taxpayer, the portion
of the net income tax of such taxpayer for the taxable year of
the sale or exchange which is equal to the applicable net tax
liability shall be paid in 4 equal installments.
‘‘(b) RULES RELATING TO INSTALLMENT PAYMENTS.—
‘‘(1) DATE FOR PAYMENT OF INSTALLMENTS.—If an election
is made under subsection (a), the first installment shall be
paid on the due date (determined without regard to any exten-
sion of time for filing the return) for the return of tax for
the taxable year in which the sale or exchange occurs 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.
‘‘(2) ACCELERATION OF PAYMENT.—
‘‘(A) IN GENERAL.—If there is an addition to tax for
failure to timely pay any installment required under this
section, then the unpaid portion of all remaining install-
ments shall be due on the date of such failure.
‘‘(B) INDIVIDUALS.—In the case of an individual, if the
individual dies, then the unpaid portion of all remaining
installment shall be paid on the due date for the return
of tax for the taxable year in which the taxpayer dies.
‘‘(C) C CORPORATIONS.—In the case of a taxpayer which
is a C corporation, trust, or estate, if there is 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 (in the case of a C corporation),
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 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.
‘‘(3) PRORATION OF DEFICIENCY TO INSTALLMENTS.—If an
election is made under subsection (a) to pay the applicable
net tax liability in installments and a deficiency has been
assessed with respect to such applicable net tax liability, the
deficiency shall be prorated to the installments payable under
subsection (a). The part of the deficiency so prorated to any
H. R. 1—178
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.
This section shall not apply if the deficiency is due to neg-
ligence, to intentional disregard of rules and regulations, or
to fraud with intent to evade tax.
‘‘(c) ELECTION.—
‘‘(1) IN GENERAL.—Any election under subsection (a) shall
be made not later than the due date for the return of tax
for the taxable year described in subsection (a).
‘‘(2) PARTNERSHIPS AND S CORPORATIONS.—In the case of
a sale or exchange described in subsection (a) by a partnership
or S corporation, the election under subsection (a) shall be
made at the partner or shareholder level. The Secretary may
prescribe such regulations or other guidance as necessary to
carry out the purposes of this paragraph.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) APPLICABLE NET TAX LIABILITY.—
‘‘(A) IN GENERAL.—The applicable net tax liability with
respect to the sale or exchange of any property described
in subsection (a) is the excess (if any) of—
‘‘(i) such taxpayer’s net income tax for the taxable
year, over
‘‘(ii) such taxpayer’s net income tax for such tax-
able year determined without regard to any gain recog-
nized from the sale or exchange of such property.
‘‘(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.
‘‘(2) QUALIFIED FARMLAND PROPERTY.—
‘‘(A) IN GENERAL.—The term ‘qualified farmland prop-
erty’ means real property located in the United States—
‘‘(i) which—
‘‘(I) has been used by the taxpayer as a farm
for farming purposes, or
‘‘(II) leased by the taxpayer to a qualified
farmer for farming purposes,
during substantially all of the 10-year period ending
on the date of the qualified sale or exchange, and
‘‘(ii) which is subject to a covenant or other legally
enforceable restriction which prohibits the use of such
property other than as a farm for farming purposes
for any period before the date that is 10 years after
the date of the sale or exchange described in subsection
(a).
For purposes of clause (i), property which is used or leased
by a partnership or S corporation in a manner described
in such clause shall be treated as used or leased in such
manner by each person who holds a direct or indirect
interest in such partnership or S corporation.
‘‘(B) FARM; FARMING PURPOSES.—The terms ‘farm’ and
‘farming purposes’ have the respective meanings given such
terms under section 2032A(e).
H. R. 1—179
‘‘(3) QUALIFIED FARMER.—The term ‘qualified farmer’ means
any individual who is actively engaged in farming (within the
meaning of subsections (b) and (c) of section 1001 of the Food
Security Act of 1986 (7 U.S.C. 1308–1(b) and (c))).
‘‘(e) RETURN REQUIREMENT.—A taxpayer making an election
under subsection (a) shall include with the return for the taxable
year of the sale or exchange described in subsection (a) a copy
of the covenant or other legally enforceable restriction described
in subsection (d)(2)(A)(ii).’’.
(b) CLERICAL AMENDMENT.—The table of sections for part IV
of subchapter O of chapter 1 is amended by redesignating the
item relating to section 1062 as relating to section 1063 and by
inserting after the item relating to section 1061 the following new
item:
‘‘Sec. 1062. Gain from the sale or exchange of qualified farmland property to quali-
fied farmers.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to sales or exchanges in taxable years beginning after
the date of the enactment of this Act.
SEC. 70438. EXTENSION OF RULES FOR TREATMENT OF CERTAIN DIS-
ASTER-RELATED PERSONAL CASUALTY LOSSES.
For purposes of applying section 304(b) of the Taxpayer Cer-
tainty and Disaster Tax Relief Act of 2020 (division EE of Public
Law 116–260), section 301 of such Act shall be applied by sub-
stituting the date of the enactment of this section for ‘‘the date
of the enactment of this Act’’ each place it appears.
SEC. 70439. RESTORATION OF TAXABLE REIT SUBSIDIARY ASSET TEST.
(a) IN GENERAL.—Section 856(c)(4)(B)(ii) is amended by striking
‘‘20 percent’’ and inserting ‘‘25 percent’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2025.
CHAPTER 5—ENDING GREEN NEW DEAL SPENDING,
PROMOTING AMERICA-FIRST ENERGY, AND OTHER
REFORMS
Subchapter A—Termination of Green New Deal Subsidies
SEC. 70501. TERMINATION OF PREVIOUSLY-OWNED CLEAN VEHICLE
CREDIT.
Section 25E(g) is amended by striking ‘‘December 31, 2032’’
and inserting ‘‘September 30, 2025’’.
SEC. 70502. TERMINATION OF CLEAN VEHICLE CREDIT.
(a) IN GENERAL.—Section 30D(h) is amended by striking ‘‘placed
in service after December 31, 2032’’ and inserting ‘‘acquired after
September 30, 2025’’.
(b) CONFORMING AMENDMENTS.—Section 30D(e) is amended—
(1) in paragraph (1)(B)—
(A) in clause (iii), by inserting ‘‘and’’ after the comma
at the end,
(B) in clause (iv), by striking ‘‘, and’’ and inserting
a period, and
(C) by striking clause (v), and
(2) in paragraph (2)(B)—
H. R. 1—180
(A) in clause (ii), by inserting ‘‘and’’ after the comma
at the end,
(B) in clause (iii), by striking the comma at the end
and inserting a period, and
(C) by striking clauses (iv) through (vi).
SEC. 70503. TERMINATION OF QUALIFIED COMMERCIAL CLEAN
VEHICLES CREDIT.
Section 45W(g) is amended by striking ‘‘December 31, 2032’’
and inserting ‘‘September 30, 2025’’.
SEC.
70504.
TERMINATION
OF
ALTERNATIVE
FUEL
VEHICLE
REFUELING PROPERTY CREDIT.
Section 30C(i) is amended by striking ‘‘December 31, 2032’’
and inserting ‘‘June 30, 2026’’.
SEC. 70505. TERMINATION OF ENERGY EFFICIENT HOME IMPROVE-
MENT CREDIT.
(a) IN GENERAL.—Section 25C(h) is amended by striking ‘‘placed
in service’’ and all that follows through ‘‘December 31, 2032’’ and
inserting ‘‘placed in service after December 31, 2025’’.
(b)
CONFORMING
AMENDMENT.—Section
25C(d)(2)(C)
is
amended to read as follows:
‘‘(C) Any oil furnace or hot water boiler which—
‘‘(i) meets or exceeds 2021 Energy Star efficiency
criteria, and
‘‘(ii) is rated by the manufacturer for use with
fuel blends at least 20 percent of the volume of which
consists of an eligible fuel.’’.
SEC. 70506. TERMINATION OF RESIDENTIAL CLEAN ENERGY CREDIT.
(a) IN GENERAL.—Section 25D(h) is amended by striking ‘‘to
property placed in service after December 31, 2034’’ and inserting
‘‘with respect to any expenditures made after December 31, 2025’’.
(b) CONFORMING AMENDMENTS.—Section 25D(g) is amended—
(1) in paragraph (2), by inserting ‘‘and’’ after the comma
at the end,
(2) in paragraph (3), by striking ‘‘ and before January
1, 2033, 30 percent,’’ and inserting ‘‘30 percent.’’, and
(3) by striking paragraphs (4) and (5).
SEC. 70507. TERMINATION OF ENERGY EFFICIENT COMMERCIAL
BUILDINGS DEDUCTION.
Section 179D is amended by adding at the end the following
new subsection:
‘‘(i) TERMINATION.—This section shall not apply with respect
to property the construction of which begins after June 30, 2026.’’.
SEC. 70508. TERMINATION OF NEW ENERGY EFFICIENT HOME CREDIT.
Section 45L(h) is amended by striking ‘‘December 31, 2032’’
and inserting ‘‘June 30, 2026’’.
SEC. 70509. TERMINATION OF COST RECOVERY FOR ENERGY PROP-
ERTY.
(a) ENERGY PROPERTY.—Section 168(e)(3)(B)(vi), as amended
by section 13703 of Public Law 117–169, is amended—
(1) by striking subclause (I), and
(2) by redesignating subclauses (II) and (III) as subclauses
(I) and (II), respectively.
H. R. 1—181
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply to property the construction of which begins after
December 31, 2024.
SEC. 70510. MODIFICATIONS OF ZERO-EMISSION NUCLEAR POWER
PRODUCTION CREDIT.
(a) RESTRICTIONS RELATING
TO PROHIBITED FOREIGN ENTI-
TIES.—Section 45U(c) is amended by adding at the end the following
new paragraph:
‘‘(3) RESTRICTIONS RELATING TO PROHIBITED FOREIGN ENTI-
TIES.—
‘‘(A) IN GENERAL.—No credit shall be determined under
subsection (a) for any taxable year beginning after the
date of enactment of this paragraph if the taxpayer is
a
specified
foreign
entity
(as
defined
in
section
7701(a)(51)(B)).
‘‘(B) OTHER PROHIBITED FOREIGN ENTITIES.—No credit
shall be determined under subsection (a) for any taxable
year beginning after the date which is 2 years after the
date of enactment of this paragraph if the taxpayer is
a
foreign-influenced
entity
(as
defined
in
section
7701(a)(51)(D), without regard to clause (i)(II) thereof).’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after the date of enactment
of this Act.
SEC. 70511. TERMINATION OF CLEAN HYDROGEN PRODUCTION
CREDIT.
Section 45V(c)(3)(C) is amended by striking ‘‘January 1, 2033’’
and inserting ‘‘January 1, 2028’’.
SEC. 70512. TERMINATION AND RESTRICTIONS ON CLEAN ELEC-
TRICITY PRODUCTION CREDIT.
(a) TERMINATION FOR WIND AND SOLAR FACILITIES.—Section
45Y(d) is amended—
(1) in paragraph (1), by striking ‘‘The amount of’’ and
inserting ‘‘Subject to paragraph (4), the amount of’’, and
(2) by striking paragraph (3) and inserting the following
new paragraphs:
‘‘(3) APPLICABLE YEAR.—For purposes of this subsection,
the term ‘applicable year’ means calendar year 2032.
‘‘(4) TERMINATION FOR WIND AND SOLAR FACILITIES.—
‘‘(A) IN GENERAL.—This section shall not apply with
respect to any applicable facility placed in service after
December 31, 2027.
‘‘(B) APPLICABLE FACILITY.—For purposes of this para-
graph, the term ‘applicable facility’ means a qualified
facility which—
‘‘(i) uses wind to produce electricity (within the
meaning of such term as used in section 45(d)(1), as
determined without regard to any requirement under
such section with respect to the date on which construc-
tion of property begins), or
‘‘(ii) uses solar energy to produce electricity (within
the meaning of such term as used in section 45(d)(4),
as determined without regard to any requirement
under such section with respect to the date on which
construction of property begins).’’.
H. R. 1—182
(b) RESTRICTIONS RELATING
TO PROHIBITED FOREIGN ENTI-
TIES.—Section 45Y is amended—
(1) in subsection (b)(1), by adding at the end the following
new subparagraph:
‘‘(E) MATERIAL ASSISTANCE FROM PROHIBITED FOREIGN
ENTITIES.—The term ‘qualified facility’ shall not include
any facility for which construction begins after December
31, 2025, if the construction of such facility includes any
material assistance from a prohibited foreign entity (as
defined in section 7701(a)(52)).’’, and
(2) in subsection (g), by adding at the end the following
new paragraph:
‘‘(13) RESTRICTIONS RELATING TO PROHIBITED FOREIGN ENTI-
TIES.—
‘‘(A) IN GENERAL.—No credit shall be determined under
subsection (a) for any taxable year if the taxpayer is—
‘‘(i) a specified foreign entity (as defined in section
7701(a)(51)(B)), or
‘‘(ii) a foreign-influenced entity (as defined in sec-
tion 7701(a)(51)(D), without regard to clause (i)(II)
thereof).
‘‘(B) EFFECTIVE CONTROL.—In the case of a taxpayer
for which section 7701(a)(51)(D)(i)(II) is determined to
apply for any taxable year, no credit shall be determined
under subsection (a) for such taxable year if such deter-
mination relates to a qualified facility described in sub-
section (b)(1).’’.
(c) DEFINITIONS RELATING TO PROHIBITED FOREIGN ENTITIES.—
Section 7701(a) is amended by adding at the end the following
new paragraphs:
‘‘(51) PROHIBITED FOREIGN ENTITY.—
‘‘(A) IN GENERAL.—
‘‘(i) DEFINITION.—The term ‘prohibited foreign
entity’ means a specified foreign entity or a foreign-
influenced entity.
‘‘(ii) DETERMINATION.—
‘‘(I) IN
GENERAL.—Subject to subclause (II),
for any taxable year, the determination as to
whether an entity is a specified foreign entity or
foreign-influenced entity shall be made as of the
last day of such taxable year.
‘‘(II) INITIAL TAXABLE YEAR.—For purposes of
the first taxable year beginning after the date
of enactment of this paragraph, the determination
as to whether an entity is a specified foreign entity
described in clauses (i) through (iv) of subpara-
graph (B) shall be made as of the first day of
such taxable year.
‘‘(B) SPECIFIED FOREIGN ENTITY.—For purposes of this
paragraph, the term ‘specified foreign entity’ means—
‘‘(i) a foreign entity of concern described in
subparagraph (A), (B), (D), or (E) of section 9901(8)
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law
116–283; 15 U.S.C. 4651),
‘‘(ii) an entity identified as a Chinese military com-
pany operating in the United States in accordance
H. R. 1—183
with section 1260H of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 10 U.S.C. 113 note),
‘‘(iii) an entity included on a list required by clause
(i), (ii), (iv), or (v) of section 2(d)(2)(B) of Public Law
117–78 (135 Stat. 1527),
‘‘(iv) an entity specified under section 154(b) of
the National Defense Authorization Act for Fiscal Year
2024 (Public Law 118–31; 10 U.S.C. note prec. 4651),
or
‘‘(v) a foreign-controlled entity.
‘‘(C) FOREIGN-CONTROLLED
ENTITY.—For purposes of
subparagraph (B), the term ‘foreign-controlled entity’
means—
‘‘(i) the government (including any level of govern-
ment below the national level) of a covered nation,
‘‘(ii) an agency or instrumentality of a government
described in clause (i),
‘‘(iii) a person who is a citizen or national of a
covered nation, provided that such person is not an
individual who is a citizen, national, or lawful perma-
nent resident of the United States,
‘‘(iv) an entity or a qualified business unit (as
defined in section 989(a)) incorporated or organized
under the laws of, or having its principal place of
business in, a covered nation, or
‘‘(v) an entity (including subsidiary entities) con-
trolled (as determined under subparagraph (G)) by an
entity described in clause (i), (ii), (iii), or (iv).
‘‘(D) FOREIGN-INFLUENCED ENTITY.—
‘‘(i) IN GENERAL.—For purposes of subparagraph
(A), the term ‘foreign-influenced entity’ means an
entity—
‘‘(I) with respect to which, during the taxable
year—
‘‘(aa) a specified foreign entity has the
direct authority to appoint a covered officer
of such entity,
‘‘(bb) a single specified foreign entity owns
at least 25 percent of such entity,
‘‘(cc) one or more specified foreign entities
own in the aggregate at least 40 percent of
such entity, or
‘‘(dd) at least 15 percent of the debt of
such entity has been issued, in the aggregate,
to 1 or more specified foreign entities, or
‘‘(II) which, during the previous taxable year,
made a payment to a specified foreign entity pursu-
ant to a contract, agreement, or other arrangement
which entitles such specified foreign entity (or an
entity related to such specified foreign entity) to
exercise effective control over—
‘‘(aa) any qualified facility or energy stor-
age technology of the taxpayer (or any person
related to the taxpayer), or
H. R. 1—184
‘‘(bb) with respect to any eligible compo-
nent produced by the taxpayer (or any person
related to the taxpayer)—
‘‘(AA) the extraction, processing, or
recycling of any applicable critical min-
eral, or
‘‘(BB) the production of an eligible
component which is not an applicable crit-
ical mineral.
‘‘(ii) EFFECTIVE CONTROL.—
‘‘(I) IN GENERAL.—
‘‘(aa) GENERAL
RULE.—Subject to sub-
clause (II), for purposes of clause (i)(II), the
term ‘effective control’ means 1 or more agree-
ments or arrangements similar to those
described in subclauses (II) and (III) which
provide 1 or more contractual counterparties
of a taxpayer with specific authority over key
aspects of the production of eligible compo-
nents, energy generation in a qualified facility,
or energy storage which are not included in
the measures of control through authority,
ownership, or debt held which are described
in clause (i)(I).
‘‘(bb) GUIDANCE.—The Secretary shall
issue such guidance as is necessary to carry
out the purposes of this clause, including the
establishment of rules to prevent entities from
evading,
circumventing,
or
abusing
the
application
of
the
restrictions
described
subparagraph (C) and subclauses (II) and (III)
of this clause through a contract, agreement,
or other arrangement.
‘‘(II) APPLICATION OF RULES PRIOR TO ISSUANCE
OF GUIDANCE.—During any period prior to the date
that the guidance described in subclause (I)(bb)
is issued by the Secretary, for purposes of clause
(i)(II), the term ‘effective control’ means the unre-
stricted
contractual
right
of
a
contractual
counterparty to—
‘‘(aa) determine the quantity or timing of
production of an eligible component produced
by the taxpayer,
‘‘(bb) determine the amount or timing of
activities related to the production of elec-
tricity undertaken at a qualified facility of the
taxpayer or the storage of electrical energy
in energy storage technology of the taxpayer,
‘‘(cc) determine which entity may purchase
or use the output of a production unit of the
taxpayer that produces eligible components,
‘‘(dd) determine which entity may pur-
chase or use the output of a qualified facility
of the taxpayer,
‘‘(ee) restrict access to data critical to
production or storage of energy undertaken
at a qualified facility of the taxpayer, or to
H. R. 1—185
the site of production or any part of a qualified
facility or energy storage technology of the
taxpayer, to the personnel or agents of such
contractual counterparty, or
‘‘(ff) on an exclusive basis, maintain,
repair, or operate any plant or equipment
which is necessary to the production by the
taxpayer of eligible components or electricity.
‘‘(III) LICENSING
AND
OTHER
AGREEMENTS.—
‘‘(aa) IN
GENERAL.—In addition to sub-
clause (II), for purposes of clause (i)(II), the
term ‘effective control’ means, with respect to
a licensing agreement for the provision of
intellectual property (or any other contract,
agreement or other arrangement entered into
with a contractual counterparty related to
such licensing agreement) with respect to a
qualified facility, energy storage technology,
or the production of an eligible component,
any of the following:
‘‘(AA) A contractual right retained by
the contractual counterparty to specify or
otherwise direct 1 or more sources of
components, subcomponents, or applicable
critical minerals utilized in a qualified
facility, energy storage technology, or in
the production of an eligible component.
‘‘(BB) A contractual right retained by
the contractual counterparty to direct the
operation of any qualified facility, any
energy storage technology, or any produc-
tion unit that produces an eligible compo-
nent.
‘‘(CC) A contractual right retained by
the contractual counterparty to limit the
taxpayer’s utilization of intellectual prop-
erty related to the operation of a qualified
facility or energy storage technology, or
in the production of an eligible component.
‘‘(DD) A contractual right retained by
the contractual counterparty to receive
royalties under the licensing agreement
or any similar agreement (or payments
under any related agreement) beyond the
10th year of the agreement (including
modifications or extensions thereof).
‘‘(EE) A contractual right retained by
the contractual counterparty to direct or
otherwise require the taxpayer to enter
into an agreement for the provision of
services for a duration longer than 2 years
(including any modifications or extensions
thereof).
‘‘(FF) Such contract, agreement, or
other arrangement does not provide the
licensee with all the technical data,
information, and know-how necessary to
H. R. 1—186
enable the licensee to produce the eligible
component or components subject to the
contract, agreement, or other arrangement
without further involvement from the
contractual counterparty or a specified for-
eign entity.
‘‘(GG) Such contract, agreement, or
other arrangement was entered into (or
modified) on or after the date of enactment
of this paragraph.
‘‘(bb) EXCEPTION.—
‘‘(AA) IN
GENERAL.—Item (aa) shall
not apply in the case of a bona fide pur-
chase or sale of intellectual property.
‘‘(BB)
BONA
FIDE
PURCHASE
OR
SALE.—For purposes of item (aa), any pur-
chase or sale of intellectual property
where the agreement provides that owner-
ship of the intellectual property reverts
to the contractual counterparty after a
period of time shall not be considered a
bona-fide purchase or sale.
‘‘(IV) PERSONS RELATED TO THE TAXPAYER.—
For purposes of subclauses (I), (II), and (III), the
term ‘taxpayer’ shall include any person related
to the taxpayer.
‘‘(V) CONTRACTUAL COUNTERPARTY.—For pur-
poses of this clause, the term ‘contractual
counterparty’ means an entity with which the tax-
payer has entered into a contract, agreement, or
other arrangement.
‘‘(iii) GUIDANCE.—Not later than December 31,
2026, the Secretary shall issue such guidance as is
necessary to carry out the purposes of this subpara-
graph, including establishment of rules to prevent enti-
ties from evading, circumventing, or abusing the
application of the restrictions against impermissible
technology licensing arrangements with specified for-
eign entities, such as through temporary transfers of
intellectual property, retention by a specified foreign
entity of a reversionary interest in transferred intellec-
tual property, or otherwise.
‘‘(E) PUBLICLY TRADED ENTITIES.—
‘‘(i) IN GENERAL.—
‘‘(I) NONAPPLICATION
OF
CERTAIN
FOREIGN-
CONTROLLED ENTITY RULES.—Subparagraph (C)(v)
shall not apply in the case of any entity the securi-
ties of which are regularly traded on—
‘‘(aa) a national securities exchange which
is registered with the Securities and Exchange
Commission,
‘‘(bb) the national market system estab-
lished pursuant to section 11A of the Securi-
ties and Exchange Act of 1934, or
‘‘(cc) any other exchange or other market
which the Secretary has determined in guid-
ance issued under section 1296(e)(1)(A)(ii) has
H. R. 1—187
rules adequate to carry out the purposes of
part VI of subchapter P of chapter 1 of subtitle
A.
‘‘(II) NONAPPLICATION
OF
CERTAIN
FOREIGN-
INFLUENCED
ENTITY
RULES.—Subparagraph
(D)(i)(I) shall not apply in the case of any entity—
‘‘(aa) the securities of which are regularly
traded in a manner described in subclause
(I), or
‘‘(bb) for which not less than 80 percent
of the equity securities of such entity are
owned directly or indirectly by an entity which
is described in item (aa).
‘‘(III) EXCLUSION OF EXCHANGES OR MARKETS
IN COVERED NATIONS.—Subclause (I)(cc) shall not
apply with respect to any exchange or market
which—
‘‘(aa) is incorporated or organized under
the laws of a covered nation, or
‘‘(bb) has its principal place of business
in a covered nation.
‘‘(ii)
ADDITIONAL
FOREIGN-CONTROLLED
ENTITY
REQUIREMENTS FOR PUBLICLY TRADED COMPANIES.—In
the case of an entity described in clause (i)(I), such
entity shall be deemed to be a foreign-controlled entity
under subparagraph (C)(v) if such entity is controlled
(as determined under subparagraph (G)) by—
‘‘(I) 1 or more specified foreign entities (as
determined without regard to subparagraph (B)(v))
that are each required to report their beneficial
ownership pursuant to a rule described in clause
(iii)(I)(bb), or
‘‘(II) 1 or more foreign-controlled entities (as
determined without regard to subparagraph (C)(v))
that are each required to report their beneficial
ownership pursuant to a rule described in such
clause.
‘‘(iii) ADDITIONAL
FOREIGN-INFLUENCED
ENTITY
REQUIREMENTS FOR PUBLICLY TRADED COMPANIES.—In
the case of an entity described in clause (i)(II), such
entity shall be deemed to be a foreign-influenced entity
under subparagraph (D)(i)(I) if—
‘‘(I) during the taxable year—
‘‘(aa) a specified foreign entity has the
authority to appoint a covered officer of such
entity,
‘‘(bb) a single specified foreign entity
required to report its beneficial ownership
under Rule 13d-3 of the Securities and
Exchange Act of 1934 (or, in the case of an
exchange or market described in clause
(i)(I)(cc), an equivalent rule) owns not less
than 25 percent of such entity, or
‘‘(cc) 1 or more specified foreign entities
that are each required to report their bene-
ficial ownership under Rule 13d-3 of the Secu-
rities and Exchange Act of 1934 own, in the
H. R. 1—188
aggregate, not less than 40 percent of such
entity, or
‘‘(II) such entity has issued debt, as part of
an original issuance, in excess of 15 percent of
its publicly-traded debt to 1 or more specified for-
eign entities.
‘‘(F) COVERED
OFFICER.—For purposes of this para-
graph, the term ‘covered officer’ means, with respect to
an entity—
‘‘(i) a member of the board of directors, board of
supervisors, or equivalent governing body,
‘‘(ii) an executive-level officer, including the presi-
dent, chief executive officer, chief operating officer,
chief financial officer, general counsel, or senior vice
president, or
‘‘(iii) an individual having powers or responsibil-
ities similar to those of officers or members described
in clause (i) or (ii).
‘‘(G) DETERMINATION
OF
CONTROL.—For purposes of
subparagraph (C)(v), the term ‘control’ means—
‘‘(i) in the case of a corporation, ownership (by
vote or value) of more than 50 percent of the stock
in such corporation,
‘‘(ii) in the case of a partnership, ownership of
more than 50 percent of the profits interests or capital
interests in such partnership, or
‘‘(iii) in any other case, ownership of more than
50 percent of the beneficial interests in the entity.
‘‘(H) DETERMINATION OF OWNERSHIP.—For purposes of
this paragraph, section 318(a)(2) shall apply for purposes
of determining ownership of stock in a corporation. Similar
principles shall apply for purposes of determining owner-
ship of interests in any other entity.
‘‘(I) OTHER DEFINITIONS.—For purposes of this para-
graph—
‘‘(i) APPLICABLE
CRITICAL
MINERAL.—The term
‘applicable critical mineral’ has the same meaning
given such term under section 45X(c)(6).
‘‘(ii) COVERED NATION.—The term ‘covered nation’
has the same meaning given such term under section
4872(f)(2) of title 10, United States Code.
‘‘(iii) ELIGIBLE
COMPONENT.—The term ‘eligible
component’ has the same meaning given such term
under section 45X(c)(1).
‘‘(iv) ENERGY
STORAGE
TECHNOLOGY.—The term
‘energy storage technology’ has the same meaning
given such term under section 48E(c)(2).
‘‘(v) QUALIFIED
FACILITY.—The term ‘qualified
facility’ means—
‘‘(I) a qualified facility, as defined in section
45Y(b)(1), and
‘‘(II) a qualified facility, as defined in section
48E(b)(3).
‘‘(vi) RELATED.—The term ‘related’ shall have the
same meaning given such term under sections 267(b)
and 707(b).
H. R. 1—189
‘‘(J) BEGINNING
OF
CONSTRUCTION.—For purposes of
applying any provision under this paragraph, the beginning
of construction with respect to any property shall be deter-
mined pursuant to rules similar to the rules under Internal
Revenue Service Notice 2013–29 and Internal Revenue
Service Notice 2018-59 (as well as any subsequently issued
guidance clarifying, modifying, or updating either such
Notice), as in effect on January 1, 2025.
‘‘(K) REGULATIONS AND GUIDANCE.—The Secretary may
prescribe such regulations and guidance as may be nec-
essary or appropriate to carry out the provisions of this
paragraph, including rules to prevent the circumvention
of any rules or restrictions with respect to prohibited for-
eign entities.
‘‘(52) MATERIAL ASSISTANCE FROM A PROHIBITED FOREIGN
ENTITY.—
‘‘(A) IN GENERAL.—The term ‘material assistance from
a prohibited foreign entity’ means—
‘‘(i) with respect to any qualified facility or energy
storage technology, a material assistance cost ratio
which is less than the threshold percentage applicable
under subparagraph (B), or
‘‘(ii) with respect to any facility which produces
eligible components, a material assistance cost ratio
which is less than the threshold percentage applicable
under subparagraph (C).
‘‘(B) THRESHOLD PERCENTAGE FOR QUALIFIED FACILITIES
AND
ENERGY
STORAGE
TECHNOLOGY.—For purposes of
subparagraph (A)(i), the threshold percentage shall be—
‘‘(i) in the case of a qualified facility the construc-
tion of which begins—
‘‘(I) during calendar year 2026, 40 percent,
‘‘(II) during calendar year 2027, 45 percent,
‘‘(III) during calendar year 2028, 50 percent,
‘‘(IV) during calendar year 2029, 55 percent,
and
‘‘(V) after December 31, 2029, 60 percent, and
‘‘(ii) in the case of energy storage technology the
construction of which begins—
‘‘(I) during calendar year 2026, 55 percent,
‘‘(II) during calendar year 2027, 60 percent,
‘‘(III) during calendar year 2028, 65 percent,
‘‘(IV) during calendar year 2029, 70 percent,
and
‘‘(V) after December 31, 2029, 75 percent.
‘‘(C) THRESHOLD
PERCENTAGE
FOR
ELIGIBLE
COMPO-
NENTS.—
‘‘(i) IN GENERAL.—For purposes of subparagraph
(A)(ii), the threshold percentage shall be—
‘‘(I) in the case of any solar energy component
(as such term is defined in section 45X(c)(3)(A))
which is sold—
‘‘(aa) during calendar year 2026, 50 per-
cent,
‘‘(bb) during calendar year 2027, 60 per-
cent,
H. R. 1—190
‘‘(cc) during calendar year 2028, 70 per-
cent,
‘‘(dd) during calendar year 2029, 80 per-
cent, and
‘‘(ee) after December 31, 2029, 85 percent,
‘‘(II) in the case of any wind energy component
(as such term is defined in section 45X(c)(4)(A))
which is sold—
‘‘(aa) during calendar year 2026, 85 per-
cent, and
‘‘(bb) during calendar year 2027, 90 per-
cent,
‘‘(III) in the case of any inverter described
in subparagraphs (B) through (G) of section
45X(c)(2) which is sold—
‘‘(aa) during calendar year 2026, 50 per-
cent,
‘‘(bb) during calendar year 2027, 55 per-
cent,
‘‘(cc) during calendar year 2028, 60 per-
cent,
‘‘(dd) during calendar year 2029, 65 per-
cent, and
‘‘(ee) after December 31, 2029, 70 percent,
‘‘(IV) in the case of any qualifying battery
component (as such term is defined in section
45X(c)(5)(A)) which is sold—
‘‘(aa) during calendar year 2026, 60 per-
cent,
‘‘(bb) during calendar year 2027, 65 per-
cent,
‘‘(cc) during calendar year 2028, 70 per-
cent,
‘‘(dd) during calendar year 2029, 80 per-
cent, and
‘‘(ee) after December 31, 2029, 85 percent,
and
‘‘(V) subject to clause (ii), in the case of any
applicable critical mineral (as such term is defined
in section 45X(c)(6)) which is sold—
‘‘(aa) after December 31, 2025, and before
January 1, 2030, 0 percent,
‘‘(bb) during calendar year 2030, 25 per-
cent,
‘‘(cc) during calendar year 2031, 30 per-
cent,
‘‘(dd) during calendar year 2032, 40 per-
cent, and
‘‘(ee) after December 31, 2032, 50 percent.
‘‘(ii)
ADJUSTED
THRESHOLD
PERCENTAGE
FOR
APPLICABLE
CRITICAL
MINERALS.—Not
later
than
December 31, 2027, the Secretary shall issue threshold
percentages for each of the applicable critical minerals
described in section 45X(c)(6)), which shall—
‘‘(I) apply in lieu of the threshold percentage
determined under clause (i)(V) for each calendar
year, and
H. R. 1—191
‘‘(II) equal or exceed the threshold percentage
which would otherwise apply with respect to such
applicable critical mineral under such clause for
such calendar year, taking into account—
‘‘(aa) domestic geographic availability,
‘‘(bb) supply chain constraints,
‘‘(cc) domestic processing capacity needs,
and
‘‘(dd) national security concerns.
‘‘(D) MATERIAL ASSISTANCE COST RATIO.—
‘‘(i) QUALIFIED
FACILITIES
AND
ENERGY
STORAGE
TECHNOLOGY.—For purposes of subparagraph (A)(i),
the term ‘material assistance cost ratio’ means the
amount (expressed as a percentage) equal to the
quotient of—
‘‘(I) an amount equal to—
‘‘(aa) the total direct costs to the taxpayer
attributable to all manufactured products
(including components) which are incorporated
into the qualified facility or energy storage
technology upon completion of construction,
minus
‘‘(bb) the total direct costs to the taxpayer
attributable to all manufactured products
(including components) which are—
‘‘(AA) incorporated into the qualified
facility or energy storage technology upon
completion of construction, and
‘‘(BB) mined, produced, or manufac-
tured by a prohibited foreign entity,
divided by
‘‘(II) the amount described in subclause (I)(aa).
‘‘(ii) ELIGIBLE
COMPONENTS.—For purposes of
subparagraph (A)(ii), the term ‘material assistance cost
ratio’ means the amount (expressed as a percentage)
equal to the quotient of—
‘‘(I) an amount equal to—
‘‘(aa) with respect to an eligible compo-
nent, the total direct material costs that are
paid or incurred (within the meaning of section
461 and any regulations issued under section
263A) by the taxpayer for production of such
eligible component, minus
‘‘(bb) with respect to an eligible compo-
nent, the total direct material costs that are
paid or incurred (within the meaning of section
461 and any regulations issued under section
263A) by the taxpayer for production of such
eligible component that are mined, produced,
or manufactured by a prohibited foreign entity,
divided by
‘‘(II) the amount described in subclause (I)(aa).
‘‘(iii) SAFE HARBOR TABLES.—
‘‘(I) IN
GENERAL.—Not later than December
31, 2026, the Secretary shall issue safe harbor
tables (and such other guidance as deemed nec-
essary) to—
H. R. 1—192
‘‘(aa) identify the percentage of total direct
costs of any manufactured product which is
attributable to a prohibited foreign entity,
‘‘(bb) identify the percentage of total direct
material costs of any eligible component which
is attributable to a prohibited foreign entity,
and
‘‘(cc) provide all rules necessary to deter-
mine the amount of a taxpayer’s material
assistance from a prohibited foreign entity
within the meaning of this paragraph.
‘‘(II) SAFE HARBORS PRIOR TO ISSUANCE.—For
purposes of this paragraph, prior to the date on
which the Secretary issues the safe harbor tables
described in subclause (I), and for construction
of a qualified facility or energy storage technology
which begins on or before the date which is 60
days after the date of issuance of such tables,
a taxpayer may—
‘‘(aa) use the tables included in Internal
Revenue Service Notice 2025–08 to establish
the percentage of the total direct costs of any
listed eligible component and any manufac-
tured product, and
‘‘(bb) rely on a certification by the supplier
of the manufactured product, eligible compo-
nent, or constituent element, material, or sub-
component of an eligible component—
‘‘(AA) of the total direct costs or the
total direct material costs, as applicable,
of such product or component that was
not produced or manufactured by a
prohibited foreign entity, or
‘‘(BB) that such product or component
was not produced or manufactured by a
prohibited foreign entity.
‘‘(III)
EXCEPTION.—Notwithstanding
sub-
clauses (I) and (II)—
‘‘(aa) if the taxpayer knows (or has reason
to know) that a manufactured product or
eligible component was produced or manufac-
tured by a prohibited foreign entity, the tax-
payer shall treat all direct costs with respect
to such manufactured product, or all direct
material costs with respect to such eligible
component, as attributable to a prohibited for-
eign entity, and
‘‘(bb) if the taxpayer knows (or has reason
to know) that the certification referred to in
subclause (II)(bb) pertaining to a manufac-
tured product or eligible component is inac-
curate, the taxpayer may not rely on such
certification.
‘‘(IV)
CERTIFICATION
REQUIREMENT.—In
a
manner consistent with Treasury Regulation sec-
tion 1.45X–4(c)(4)(i) (as in effect on the date of
H. R. 1—193
enactment of this paragraph), the certification
referred to in subclause (II)(bb) shall—
‘‘(aa) include—
‘‘(AA) the supplier’s employer identi-
fication number, or
‘‘(BB) any such similar identification
number issued by a foreign government,
‘‘(bb) be signed under penalties of perjury,
‘‘(cc) be retained by the supplier and the
taxpayer for a period of not less than 6 years
and shall be provided to the Secretary upon
request, and
‘‘(dd) be from the supplier from which the
taxpayer
purchased
any
manufactured
product, eligible component, or constituent ele-
ments, materials, or subcomponents of an
eligible component, stating—
‘‘(AA) that such property was not pro-
duced or manufactured by a prohibited
foreign entity and that the supplier does
not know (or have reason to know) that
any prior supplier in the chain of produc-
tion of that property is a prohibited for-
eign entity,
‘‘(BB) for purposes of section 45X, the
total direct material costs for each compo-
nent, constituent element, material, or
subcomponent that were not produced or
manufactured by a prohibited foreign
entity, or
‘‘(CC) for purposes of section 45Y or
section 48E, the total direct costs attrib-
utable to all manufactured products that
were not produced or manufactured by a
prohibited foreign entity.
‘‘(iv) EXISTING
CONTRACT.—Upon the election of
the taxpayer (in such form and manner as the Sec-
retary shall designate), in the case of any manufac-
tured product, eligible component, or constituent ele-
ment, material, or subcomponent of an eligible compo-
nent which is—
‘‘(I) acquired by the taxpayer, or manufactured
or assembled by or for the taxpayer, pursuant
to a binding written contract which was entered
into prior to June 16, 2025, and
‘‘(II)(aa) placed into service before January 1,
2030 (or, in the case of an applicable facility, as
defined in section 45Y(d)(4)(B), before January 1,
2028) in a facility the construction of which began
before August 1, 2025, or
‘‘(bb) in the case of a constituent element,
material, or subcomponent, used in a product sold
before January 1, 2030,
the cost to the taxpayer with respect to such product,
component, element, material, or subcomponent shall
not be included for purposes of determining the mate-
rial assistance cost ratio under this subparagraph.
H. R. 1—194
‘‘(v) ANTI-CIRCUMVENTION RULES.—The Secretary
shall prescribe such regulations and guidance as may
be necessary or appropriate to prevent circumvention
of the rules under this subparagraph, including preven-
tion of—
‘‘(I) any abuse of the exception provided under
clause (iv) through the stockpiling of any manufac-
tured product, eligible component, or constituent
element, material, or subcomponent of an eligible
component during any period prior to the applica-
tion of the requirements under this paragraph,
or
‘‘(II) any evasion with respect to the require-
ments of this subparagraph where the facts and
circumstances demonstrate that the beginning of
construction of a qualified facility or energy storage
technology has not in fact occurred.
‘‘(E) OTHER DEFINITIONS.—For purposes of this para-
graph—
‘‘(i) ELIGIBLE
COMPONENT.—The term ‘eligible
component’ means—
‘‘(I) any property described in section 45X(c)(1),
or
‘‘(II) any component which is identified by the
Secretary pursuant to regulations or guidance
issued under subparagraph (G).
‘‘(ii) ENERGY
STORAGE
TECHNOLOGY.—The term
‘energy storage technology’ has the same meaning
given such term under section 48E(c)(2).
‘‘(iii) MANUFACTURED PRODUCT.—The term ‘manu-
factured product’ means—
‘‘(I) a manufactured product which is a compo-
nent of a qualified facility, as described in section
45Y(g)(11)(B) and any guidance issued thereunder,
or
‘‘(II) any product which is identified by the
Secretary pursuant to regulations or guidance
issued under subparagraph (G).
‘‘(iv) QUALIFIED
FACILITY.—The term ‘qualified
facility’ means—
‘‘(I) a qualified facility, as defined in section
45Y(b)(1),
‘‘(II) a qualified facility, as defined in section
48E(b)(3), and
‘‘(III) any qualified interconnection property
(as defined in section 48E(b)(4)) which is part of
the qualified investment with respect to a qualified
facility (as described in section 48E(b)(1)).
‘‘(F) DETERMINATION
OF
OWNERSHIP; BEGINNING
OF
CONSTRUCTION.—Rules similar to the rules under subpara-
graphs (H) and (J) of paragraph (51) shall apply for pur-
poses of this paragraph.
‘‘(G) REGULATIONS AND GUIDANCE.—The Secretary may
prescribe such regulations and guidance as may be nec-
essary or appropriate to carry out the provisions of this
paragraph, including—
H. R. 1—195
‘‘(i) identification of components or products for
purposes of clauses (i) and (iii) of subparagraph (E),
and
‘‘(ii) for purposes of subparagraph (A)(ii), rules to
address facilities which produce more than one eligible
component.’’.
(d) DENIAL OF CREDIT FOR CERTAIN WIND AND SOLAR LEASING
ARRANGEMENTS.—Section 45Y is amended by adding at the end
the following new subsection:
‘‘(h) DENIAL OF CREDIT FOR WIND AND SOLAR LEASING ARRANGE-
MENTS.—No credit shall be determined under this section with
respect to any production of electricity during the taxable year
with respect to property described in paragraph (1) or (4) of section
25D(d) (as applied by substituting ‘lessee’ for ‘taxpayer’) if the
taxpayer rents or leases such property to a third party during
such taxable year.’’.
(e) EMISSIONS RATES TABLES.—Section 45Y(b)(2)(C) is amended
by adding at the end the following new clause:
‘‘(iii) EXISTING STUDIES.—For purposes of clause
(i), in determining greenhouse gas emissions rates for
types or categories of facilities for the purpose of deter-
mining whether a facility satisfies the requirements
under paragraph (1), the Secretary shall consider
studies published on or before the date of enactment
of this clause which demonstrate a net lifecycle green-
house gas emissions rate which is not greater than
zero using widely accepted lifecycle assessment con-
cepts, such as concepts described in standards devel-
oped by the International Organization for Standard-
ization.’’.
(f) NUCLEAR ENERGY COMMUNITIES.—
(1) IN GENERAL.—Section 45(b)(11) is amended—
(A) in subparagraph (B)—
(i) in clause (ii)(II), by striking ‘‘or’’ at the end,
(ii) in clause (iii)(II), by striking the period at
the end and inserting ‘‘, or’’, and
(iii) by adding at the end the following new clause:
‘‘(iv) for purposes of any qualified facility which
is an advanced nuclear facility, a metropolitan statis-
tical area which has (or, at any time during the period
beginning after December 31, 2009, had) 0.17 percent
or greater direct employment related to the advance-
ment of nuclear power, including employment related
to—
‘‘(I) an advanced nuclear facility,
‘‘(II) advanced nuclear power research and
development,
‘‘(III) nuclear fuel cycle research, development,
or production, including mining, enrichment,
manufacture, storage, disposal, or recycling of
nuclear fuel, and
‘‘(IV) the manufacturing or assembly of compo-
nents used in an advanced nuclear facility.’’, and
(B) by adding at the end the following new subpara-
graph:
‘‘(C) ADVANCED NUCLEAR FACILITIES.—
H. R. 1—196
‘‘(i) IN GENERAL.—Subject to clause (ii), for pur-
poses of subparagraph (B)(iv), the term ‘advanced
nuclear facility’ means any nuclear facility the reactor
design for which is approved in the manner described
in section 45J(d)(2).
‘‘(ii) SPECIAL RULE.—For purposes of clause (i), a
facility shall be deemed to have a reactor design which
is approved in the manner described in section
45J(d)(2) if the Nuclear Regulatory Commission has
authorized construction and issued a site-specific
construction permit or combined license with respect
to such facility (without regard to whether the reactor
design was approved after December 31, 1993).’’.
(2) NONAPPLICATION FOR CLEAN ELECTRICITY INVESTMENT
CREDIT.—Section 48E(a)(3)(A)(i) is amended by inserting ‘‘, as
applied without regard to clause (iv) thereof’’ after ‘‘section
45(b)(11)(B)’’.
(g)
CONFORMING
AMENDMENTS.—Section
45Y(b)(1)
is
amended—
(1) by redesignating subparagraph (D) as subparagraph
(E), and
(2) by inserting after subparagraph (C) the following new
subparagraph:
‘‘(D) DETERMINATION
OF
CAPACITY.—For purposes of
subparagraph (C), additions of capacity of a facility shall
be determined in any reasonable manner, including based
on—
‘‘(i) determinations by, or reports to, the Federal
Energy Regulatory Commission (including interconnec-
tion agreements), the Nuclear Regulatory Commission,
or any similar entity, reflecting additions of capacity,
‘‘(ii) determinations or reports reflecting additions
of capacity made by an independent professional engi-
neer,
‘‘(iii) reports to, or issued by, regional transmission
organizations
or
independent
system
operators
reflecting additions of capacity, or
‘‘(iv) any other method or manner provided by
the Secretary.’’.
(h) PROHIBITION ON TRANSFER OF CREDITS TO SPECIFIED FOR-
EIGN ENTITIES.—Section 6418(g) is amended by adding at the end
the following new paragraph:
‘‘(5) PROHIBITION ON TRANSFER OF CREDITS TO SPECIFIED
FOREIGN ENTITIES.—With respect to any eligible credit described
in clause (iii), (iv), (vi), (vii), (viii), or (xi) of subsection (f)(1)(A),
an eligible taxpayer may not elect to transfer any portion
of such credit to a taxpayer that is a specified foreign entity
(as defined in section 7701(a)(51)(B)).’’.
(i) EXTENSION OF PERIOD OF LIMITATIONS FOR ERRORS RELATING
TO DETERMINING OF MATERIAL ASSISTANCE FROM A PROHIBITED
FOREIGN ENTITY.—Section 6501 is amended—
(1) by redesignating subsection (o) as subsection (p), and
(2) by inserting after subsection (n) the following new sub-
section:
‘‘(o) MATERIAL
ASSISTANCE
FROM
A
PROHIBITED
FOREIGN
ENTITY.—In the case of a deficiency attributable to an error with
H. R. 1—197
respect to the determination under section 7701(a)(52) for any tax-
able year, such deficiency may be assessed at any time within
6 years after the return for such year was filed.’’.
(j) IMPOSITION OF ACCURACY-RELATED PENALTIES.—
(1) IN GENERAL.—Section 6662 is amended by adding at
the end the following new subsection:
‘‘(m) SUBSTANTIAL UNDERSTATEMENT OF INCOME TAX DUE TO
DISALLOWANCE OF APPLICABLE ENERGY CREDITS.—
‘‘(1) IN
GENERAL.—In the case of a taxpayer for which
there is a disallowance of an applicable energy credit for any
taxable year, for purposes of determining whether there is
a substantial understatement of income tax for such taxable
year, subsection (d)(1) shall be applied—
‘‘(A) in subparagraphs (A) and (B), by substituting
‘1 percent’ for ‘10 percent’ each place it appears, and
‘‘(B) without regard to subparagraph (C).
‘‘(2) DISALLOWANCE OF AN APPLICABLE ENERGY CREDIT.—
For purposes of this subsection, the term ‘disallowance of an
applicable energy credit’ means the disallowance of a credit
under section 45X, 45Y, or 48E by reason of overstating the
material assistance cost ratio (as determined under section
7701(a)(52)) with respect to any qualified facility, energy stor-
age technology, or facility which produces eligible components.’’.
(2)
CONFORMING
AMENDMENT.—Section
6417(d)(6)
is
amended by adding at the end the following new subparagraph:
‘‘(D)
DISALLOWANCE
OF
AN
APPLICABLE
ENERGY
CREDIT.—In the case of an applicable entity which made
an election under subsection (a) with respect to an
applicable credit for which there is a disallowance described
in section 6662(m)(2), subparagraph (A) shall apply with
respect to any excessive payment resulting from such dis-
allowance.’’.
(k) PENALTY
FOR SUBSTANTIAL MISSTATEMENTS
ON CERTIFI-
CATION PROVIDED BY SUPPLIER.—
(1) IN GENERAL.—Part I of subchapter B of chapter 68
is amended by inserting after section 6695A the following new
section:
‘‘SEC. 6695B. PENALTY FOR SUBSTANTIAL MISSTATEMENTS ON CER-
TIFICATION PROVIDED BY SUPPLIER.
‘‘(a) IMPOSITION OF PENALTY.—If—
‘‘(1) a person—
‘‘(A) provides a certification described in clause
(iii)(II)(bb) of section 7701(a)(52)(D) with respect to any
manufactured product, eligible component, or constituent
element, material, or subcomponent of an eligible compo-
nent, and
‘‘(B) knows, or reasonably should have known, that
the certification would be used in connection with a deter-
mination under such section,
‘‘(2) such person knows, or reasonably should have known,
that such certification is inaccurate or false with respect to—
‘‘(A) whether such property was produced or manufac-
tured by a prohibited foreign entity, or
‘‘(B) the total direct costs or total direct material costs
of such property that was not produced or manufactured
H. R. 1—198
by a prohibited foreign entity that were provided on such
certification, and
‘‘(3) the inaccuracy or falsity described in paragraph (2)
resulted in the disallowance of an applicable energy credit
(as defined in section 6662(m)(2)) and an understatement of
income tax (within the meaning of section 6662(d)(2)) for the
taxable year in an amount which exceeds the lesser of—
‘‘(A) 5 percent of the tax required to be shown on
the return for the taxable year, or
‘‘(B) $100,000,
then such person shall pay a penalty in the amount determined
under subsection (b).
‘‘(b) AMOUNT OF PENALTY.—The amount of the penalty imposed
under subsection (a) on any person with respect to a certification
shall be equal to the greater of—
‘‘(1) 10 percent of the amount of the underpayment (as
defined in section 6664(a)) solely attributable to the inaccuracy
or falsity described in subsection (a)(2), or
‘‘(2) $5,000.
‘‘(c) EXCEPTION.—No penalty shall be imposed under subsection
(a) if the person establishes to the satisfaction of the Secretary
that any inaccuracy or falsity described in subsection (a)(2) is due
to a reasonable cause and not willful neglect.
‘‘(d) DEFINITIONS.—Any term used in this section which is also
used in section 7701(a)(52) shall have the meaning given such
term in such section.’’.
(2) CLERICAL AMENDMENTS.—
(A) Section 6696 is amended—
(i) in the heading, by striking ‘‘AND 6695A’’ and
inserting ‘‘6695A, AND 6695B’’,
(ii) in subsections (a), (b), and (e), by striking ‘‘and
6695A’’ each place it appears and inserting ‘‘6695A,
and 6695B’’,
(iii) in subsection (c), by striking ‘‘or 6695A’’ and
inserting ‘‘6695A, or 6695B’’, and
(iv) in subsection (d)—
(I) in paragraph (1), by inserting ‘‘(or, in the
case of any penalty under section 6695B, 6 years)’’
after ‘‘assessed within 3 years’’, and
(II) in paragraph (2), by inserting ‘‘(or, in the
case of any claim for refund of an overpayment
of any penalty assessed under section 6695B, 6
years)’’ after ‘‘filed within 3 years’’.
(B) The table of sections for part I of subchapter B
of chapter 68 is amended by inserting after item relating
to section 6695A the following new item:
‘‘Sec. 6695B. Penalty for substantial misstatements on certification provided by
supplier.’’.
(l) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraphs (2),
(3), and (4), the amendments made by this section shall apply
to taxable years beginning after the date of enactment of this
Act.
(2) MATERIAL ASSISTANCE FROM PROHIBITED FOREIGN ENTI-
TIES.—The amendments made by subsection (b)(1) shall apply
to facilities for which construction begins after December 31,
2025.
H. R. 1—199
(3) PENALTY FOR SUBSTANTIAL MISSTATEMENTS ON CERTIFI-
CATION PROVIDED BY SUPPLIER.—The amendments made by sub-
section (k) shall apply to certifications provided after December
31, 2025.
(4) TERMINATION FOR WIND AND SOLAR FACILITIES.—The
amendments made by subsection (a) shall apply to facilities
the construction of which begins after the date which is 12
months after the date of enactment of this Act.
SEC. 70513. TERMINATION AND RESTRICTIONS ON CLEAN ELEC-
TRICITY INVESTMENT CREDIT.
(a) TERMINATION FOR WIND AND SOLAR FACILITIES.—Section
48E(e) is amended—
(1) in paragraph (1), by striking ‘‘The amount of’’ and
inserting ‘‘Subject to paragraph (4), the amount of’’, and
(2) by adding at the end the following new paragraph:
‘‘(4) TERMINATION FOR WIND AND SOLAR FACILITIES.—
‘‘(A) IN GENERAL.—This section shall not apply to any
qualified property placed in service by the taxpayer after
December 31, 2027, which is part of an applicable facility.
‘‘(B) APPLICABLE FACILITY.—For purposes of this para-
graph, the term ‘applicable facility’ means a qualified
facility which—
‘‘(i) uses wind to produce electricity (within the
meaning of such term as used in section 45(d)(1), as
determined without regard to any requirement under
such section with respect to the date on which construc-
tion of property begins), or
‘‘(ii) uses solar energy to produce electricity (within
the meaning of such term as used in section 45(d)(4),
as determined without regard to any requirement
under such section with respect to the date on which
construction of property begins).
‘‘(C) EXCEPTION.—This paragraph shall not apply with
respect to any energy storage technology which is placed
in service at any applicable facility.’’.
(b) RESTRICTIONS RELATING
TO PROHIBITED FOREIGN ENTI-
TIES.—
(1) IN GENERAL.—Section 48E is amended—
(A) in subsection (b)—
(i) by redesignating paragraph (6) as paragraph
(7), and
(ii) by inserting after paragraph (5) the following
new paragraph:
‘‘(6) MATERIAL ASSISTANCE FROM PROHIBITED FOREIGN ENTI-
TIES.—The terms ‘qualified facility’ and ‘qualified interconnec-
tion property’ shall not include any facility or property the
construction, reconstruction, or erection of which begins after
December 31, 2025, if the construction, reconstruction, or erec-
tion of such facility or property includes any material assistance
from a prohibited foreign entity (as defined in section
7701(a)(52)).’’, and
(B) in subsection (c), by adding at the end the following
new paragraph:
‘‘(3) MATERIAL ASSISTANCE FROM PROHIBITED FOREIGN ENTI-
TIES.—The term ‘energy storage technology’ shall not include
any property the construction of which begins after December
H. R. 1—200
31, 2025, if the construction of such property includes any
material assistance from a prohibited foreign entity (as defined
in section 7701(a)(52)).’’.
(2) ADDITIONAL RESTRICTIONS.—Section 48E(d) is amended
by adding at the end the following new paragraph:
‘‘(6) RESTRICTIONS RELATING TO PROHIBITED FOREIGN ENTI-
TIES.—
‘‘(A) IN GENERAL.—No credit shall be determined under
subsection (a) for any taxable year if the taxpayer is—
‘‘(i) a specified foreign entity (as defined in section
7701(a)(51)(B)), or
‘‘(ii) a foreign-influenced entity (as defined in sec-
tion 7701(a)(51)(D), without regard to clause (i)(II)
thereof).
‘‘(B) EFFECTIVE CONTROL.—In the case of a taxpayer
for which section 7701(a)(51)(D)(i)(II) is determined to
apply for any taxable year, no credit shall be determined
under subsection (a) for such taxable year if such deter-
mination relates to a qualified facility described in sub-
section (b)(3) or energy storage technology described in
subsection (c)(2).’’.
(3) RECAPTURE.—
(A) IN GENERAL.—Section 50(a) is amended—
(i) by redesignating paragraphs (4) through (6)
as paragraphs (5) through (7), respectively,
(ii) by inserting after paragraph (3) the following
new paragraph:
‘‘(4) PAYMENTS TO PROHIBITED FOREIGN ENTITIES.—
‘‘(A) IN GENERAL.—If there is an applicable payment
made by a specified taxpayer before the close of the 10-
year period beginning on the date such taxpayer placed
in service investment credit property which is eligible for
the clean electricity investment credit under section 48E(a),
then the tax under this chapter for the taxable year in
which such applicable payment occurs shall be increased
by 100 percent of the aggregate decrease in the credits
allowed under section 38 for all prior taxable years which
would have resulted solely from reducing to zero any credit
determined under section 46 which is attributable to the
clean electricity investment credit under section 48E(a)
with respect to such property.
‘‘(B) APPLICABLE PAYMENT.—For purposes of this para-
graph, the term ‘applicable payment’ means, with respect
to any taxable year, a payment or payments described
in section 7701(a)(51)(D)(i)(II).
‘‘(C) SPECIFIED TAXPAYER.—For purposes of this para-
graph, the term ‘specified taxpayer’ means any taxpayer
who has been allowed a credit under section 48E(a) for
any taxable year beginning after the date which is 2 years
after the date of enactment of this paragraph.’’,
(iii) in paragraph (5), as redesignated by clause
(i), by striking ‘‘or any applicable transaction to which
paragraph
(3)(A)
applies,’’
and
inserting
‘‘any
applicable transaction to which paragraph (3)(A)
applies, or any applicable payment to which paragraph
(4)(A) applies,’’, and
H. R. 1—201
(iv) in paragraph (7), as redesignated by clause
(i), by striking ‘‘or (3)’’ and inserting ‘‘(3), or (4)’’.
(B) CONFORMING AMENDMENTS.—
(i) Section 1371(d)(1) is amended by striking ‘‘sec-
tion 50(a)(5)’’ and inserting ‘‘section 50(a)(6)’’.
(ii) Section 6418(g)(3) is amended by striking ‘‘sub-
section (a)(5)’’ each place it appears and inserting ‘‘sub-
section (a)(7)’’.
(c) DENIAL OF CREDIT FOR EXPENDITURES FOR CERTAIN WIND
AND SOLAR LEASING ARRANGEMENTS.—
(1) IN GENERAL.—Section 48E is amended—
(A) by redesignating subsection (i) as subsection (j),
and
(B) by inserting after subsection (h) the following new
subsection:
‘‘(i) DENIAL OF CREDIT FOR EXPENDITURES FOR WIND AND SOLAR
LEASING ARRANGEMENTS.—No credit shall be determined under
this section for any qualified investment during the taxable year
with respect to property described in paragraph (1) or (4) of section
25D(d) (as applied by substituting ‘lessee’ for ‘taxpayer’) if the
taxpayer rents or leases such property to a third party during
such taxable year.’’.
(2) CONFORMING RULES.—Section 50 is amended by adding
at the end the following new subsection:
‘‘(e) RULES FOR GEOTHERMAL HEAT PUMPS.—For purposes of
this section and section 168, the ownership of energy property
described in section 48(a)(3)(A)(vii) shall be determined without
regard to whether such property is readily usable by a person
other than the lessee or service recipient.’’.
(d) DOMESTIC CONTENT RULES.—Subparagraph (B) of section
48E(a)(3) is amended to read as follows:
‘‘(B) DOMESTIC CONTENT.—Rules similar to the rules
of section 48(a)(12) shall apply, except that, for purposes
of subparagraph (B) of such section and the application
of rules similar to the rules of section 45(b)(9)(B), the
adjusted
percentage
(as
determined
under
section
45(b)(9)(C)) shall be determined as follows:
‘‘(i) In the case of any qualified investment with
respect to any qualified facility or energy storage tech-
nology the construction of which begins before June
16, 2025, 40 percent (or, in the case of a qualified
facility which is an offshore wind facility, 20 percent).
‘‘(ii) In the case of any qualified investment with
respect to any qualified facility or energy storage tech-
nology the construction of which begins on or after
June 16, 2025, and before January 1, 2026, 45 percent
(or, in the case of a qualified facility which is an
offshore wind facility, 27.5 percent).
‘‘(iii) In the case of any qualified investment with
respect to any qualified facility or energy storage tech-
nology the construction of which begins during cal-
endar year 2026, 50 percent (or, in the case of a quali-
fied facility which is an offshore wind facility, 35 per-
cent).
H. R. 1—202
‘‘(iv) In the case of any qualified investment with
respect to any qualified facility or energy storage tech-
nology the construction of which begins after December
31, 2026, 55 percent.’’.
(e) ELIMINATION OF ENERGY CREDIT FOR CERTAIN ENERGY PROP-
ERTY.—Section 48(a)(2) is amended—
(1) in subparagraph (A)(ii), by striking ‘‘2 percent’’ and
inserting ‘‘0 percent’’, and
(2) by adding at the end the following new subparagraph:
‘‘(C) NONAPPLICATION
OF
INCREASES
TO
ENERGY
PERCENTAGE.—For purposes of energy property described
in subparagraph (A)(ii), the energy percentage applicable
to such property pursuant to such subparagraph shall not
be increased or otherwise adjusted by any provision of
this section.’’.
(f) APPLICATION OF CLEAN ELECTRICITY INVESTMENT CREDIT
TO QUALIFIED FUEL CELL PROPERTY.—Section 48E, as amended
by subsection (c), is amended—
(1) by redesignating subsection (j) as subsection (k), and
(2) by inserting after subsection (i) the following new sub-
section:
‘‘(j) APPLICATION TO QUALIFIED FUEL CELL PROPERTY.—For pur-
poses of this section, in the case of any qualified fuel cell property
(as defined in section 48(c)(1), as applied without regard to subpara-
graph (E) thereof)—
‘‘(1) subsection (b)(3)(A) shall be applied without regard
to clause (iii) thereof,
‘‘(2) for purposes of subsection (a)(1), the applicable percent-
age shall be 30 percent and such percentage shall not be
increased or otherwise adjusted by any other provision of this
section, and
‘‘(3) subsection (g) shall not apply.’’.
(g) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraphs (2),
(3), (4), and (5), the amendments made by this section shall
apply to taxable years beginning after the date of enactment
of this Act.
(2) DOMESTIC CONTENT RULES.—The amendment made by
subsection (d) shall apply on or after June 16, 2025.
(3) ELIMINATION OF ENERGY CREDIT FOR CERTAIN ENERGY
PROPERTY.—The amendments made by subsection (e) shall
apply to property the construction of which begins on or after
June 16, 2025.
(4) APPLICATION OF CLEAN ELECTRICITY INVESTMENT CREDIT
TO QUALIFIED FUEL CELL PROPERTY.—The amendments made
by subsection (f) shall apply to property the construction of
which begins after December 31, 2025.
(5) TERMINATION FOR WIND AND SOLAR FACILITIES.—The
amendments made by subsection (a) shall apply to facilities
the construction of which begins after the date which is 12
months after the date of enactment of this Act.
SEC. 70514. PHASE-OUT AND RESTRICTIONS ON ADVANCED MANUFAC-
TURING PRODUCTION CREDIT.
(a) MODIFICATION
OF
PROVISION
RELATING
TO
SALE
OF
INTEGRATED COMPONENTS.—Paragraph (4) of section 45X(d) is
amended to read as follows:
H. R. 1—203
‘‘(4) SALE OF INTEGRATED COMPONENTS.—
‘‘(A) IN GENERAL.—For purposes of this section, a per-
son shall be treated as having sold an eligible component
to an unrelated person if—
‘‘(i) such component (referred to in this paragraph
as the ‘primary component’) is integrated, incorporated,
or assembled into another eligible component (referred
to in this paragraph as the ‘secondary component’)
produced within the same manufacturing facility as
the primary component, and
‘‘(ii) the secondary component is sold to an unre-
lated person.
‘‘(B) ADDITIONAL
REQUIREMENTS.—Subparagraph (A)
shall only apply with respect to a secondary component
for which not less than 65 percent of the total direct mate-
rial costs which are paid or incurred (within the meaning
of section 461 and any regulations issued under section
263A) by the taxpayer to produce such secondary compo-
nent are attributable to primary components which are
mined, produced, or manufactured in the United States.’’.
(b) PHASE
OUT
AND
TERMINATION.—Section 45X(b)(3) is
amended—
(1) in the heading, by inserting ‘‘AND TERMINATION’’ after
‘‘PHASE OUT’’,
(2) in subparagraph (A), in the matter preceding clause
(i), by striking ‘‘subparagraph (C)’’ and inserting ‘‘subpara-
graphs (C) and (D)’’, and
(3) by striking subparagraph (C) and inserting the fol-
lowing:
‘‘(C) PHASE OUT FOR APPLICABLE CRITICAL MINERALS
OTHER THAN METALLURGICAL COAL.—
‘‘(i) IN GENERAL.—In the case of any applicable
critical mineral (other than metallurgical coal) pro-
duced after December 31, 2030, the amount determined
under this subsection with respect to such mineral
shall be equal to the product of—
‘‘(I) the amount determined under paragraph
(1) with respect to such mineral, as determined
without regard to this subparagraph, multiplied
by
‘‘(II) the phase out percentage under clause
(ii).
‘‘(ii) PHASE OUT PERCENTAGE FOR APPLICABLE CRIT-
ICAL MINERALS OTHER THAN METALLURGICAL COAL.—
The phase out percentage under this clause is equal
to—
‘‘(I) in the case of any applicable critical min-
eral produced during calendar year 2031, 75 per-
cent,
‘‘(II) in the case of any applicable critical min-
eral produced during calendar year 2032, 50 per-
cent,
‘‘(III) in the case of any applicable critical min-
eral produced during calendar year 2033, 25 per-
cent, and
‘‘(IV) in the case of any applicable critical min-
eral produced after December 31, 2033, 0 percent.
H. R. 1—204
‘‘(D) TERMINATION FOR WIND ENERGY COMPONENTS.—
This section shall not apply to any wind energy component
produced and sold after December 31, 2027.
‘‘(E) TERMINATION
FOR
METALLURGICAL
COAL.—This
section shall not apply to any metallurgical coal produced
after December 31, 2029.’’.
(c) RESTRICTIONS RELATING
TO PROHIBITED FOREIGN ENTI-
TIES.—Section 45X is amended—
(1) in subsection (c)(1), by adding at the end the following
new subparagraph:
‘‘(C) MATERIAL ASSISTANCE FROM PROHIBITED FOREIGN
ENTITIES.—In the case of taxable years beginning after
the date of enactment of this subparagraph, the term
‘eligible component’ shall not include any property which
includes any material assistance from a prohibited foreign
entity (as defined in section 7701(a)(52), as applied by
substituting ‘used in a product sold before January 1, 2027’
for ‘used in a product sold before January 1, 2030’ in
subparagraph (D)(iv)(II)(bb) thereof).’’, and
(2) in subsection (d), as amended by subsection (a) of this
section, by adding at the end the following new paragraph:
‘‘(4) RESTRICTIONS RELATING TO PROHIBITED FOREIGN ENTI-
TIES.—
‘‘(A) IN GENERAL.—No credit shall be determined under
subsection (a) for any taxable year if the taxpayer is—
‘‘(i) a specified foreign entity (as defined in section
7701(a)(51)(B)), or
‘‘(ii) a foreign-influenced entity (as defined in sec-
tion 7701(a)(51)(D), without regard to clause (i)(II)
thereof).
‘‘(B) EFFECTIVE CONTROL.—In the case of a taxpayer
for which section 7701(a)(51)(D)(i)(II) is determined to
apply for any taxable year, no credit shall be determined
under subsection (a) for such taxable year if such deter-
mination relates to an eligible component described in sub-
section (c)(1).’’.
(d) MODIFICATION OF DEFINITION OF BATTERY MODULE.—Sec-
tion 45X(c)(5)(B)(iii) is amended—
(1) in subclause (I)(bb), by striking ‘‘and’’ at the end,
(2) in subclause (II), by striking the period at the end
and inserting ‘‘, and’’, and
(3) by adding at the end the following new subclause:
‘‘(III) which is comprised of all other essential
equipment needed for battery functionality, such
as current collector assemblies and voltage sense
harnesses, or any other essential energy collection
equipment.’’.
(e) INCLUSION OF METALLURGICAL COAL AS AN APPLICABLE CRIT-
ICAL MINERAL FOR PURPOSES OF THE ADVANCED MANUFACTURING
PRODUCTION CREDIT.—
(1) IN GENERAL.—Section 45X(c)(6) is amended—
(A) by redesignating subparagraphs (R) through (Z)
as subparagraphs (S) through (AA), respectively, and
(B) by inserting after subparagraph (Q) the following
new subparagraph:
‘‘(R) METALLURGICAL COAL.—Metallurgical coal which
is suitable for use in the production of steel (within the
H. R. 1—205
meaning of the notice published by the Department of
Energy entitled ‘Critical Material List; Addition of Met-
allurgical Coal Used for Steelmaking’ (90 Fed. Reg. 22711
(May 29, 2025))), regardless of whether such production
occurs inside or outside of the United States.’’.
(2) CREDIT AMOUNT.—Section 45X(b)(1)(M) is amended by
inserting ‘‘(2.5 percent in the case of metallurgical coal)’’ after
‘‘10 percent’’.
(f) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after the date of enactment of this Act.
(2) MODIFICATION
OF
PROVISION
RELATING
TO
SALE
OF
INTEGRATED
COMPONENTS.—The amendment made by sub-
section (a) shall apply to components sold during taxable years
beginning after December 31, 2026.
SEC. 70515. RESTRICTION ON THE EXTENSION OF ADVANCED ENERGY
PROJECT CREDIT PROGRAM.
(a) IN GENERAL.—Section 48C(e)(3)(C) is amended by striking
‘‘shall be increased’’ and inserting ‘‘shall not be increased’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on the date of enactment of this Act.
Subchapter B—Enhancement of America-first Energy Policy
SEC. 70521. EXTENSION AND MODIFICATION OF CLEAN FUEL PRODUC-
TION CREDIT.
(a) PROHIBITION ON FOREIGN FEEDSTOCKS.—
(1) IN GENERAL.—Section 45Z(f)(1)(A) is amended—
(A) in clause (i)(II)(bb), by striking ‘‘and’’ at the end,
(B) in clause (ii), by striking the period at the end
and inserting ‘‘, and’’, and
(C) by adding at the end the following new clause:
‘‘(iii) such fuel is exclusively derived from a feed-
stock which was produced or grown in the United
States, Mexico, or Canada.’’.
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to transportation fuel produced after
December 31, 2025.
(b) PROHIBITION ON NEGATIVE EMISSION RATES.—
(1) IN GENERAL.—Section 45Z(b)(1) is amended—
(A) by striking subparagraph (C) and inserting the
following:
‘‘(C) ROUNDING
OF
EMISSIONS
RATE.—The Secretary
may round the emissions rates under subparagraph (B)
to the nearest multiple of 5 kilograms of CO2e per
mmBTU.’’, and
(B) by adding at the end the following new subpara-
graph:
‘‘(E) PROHIBITION ON NEGATIVE EMISSION RATES.—For
purposes of this section, the emissions rate for a transpor-
tation fuel may not be less than zero.’’.
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to emissions rates published for transpor-
tation fuel produced after December 31, 2025.
(c) DETERMINATION OF EMISSIONS RATE.—
H. R. 1—206
(1) IN GENERAL.—Section 45Z(b)(1)(B) is amended by adding
at the end the following new clauses:
‘‘(iv) EXCLUSION OF INDIRECT LAND USE CHANGES.—
Notwithstanding clauses (i), (ii), and (iii), the emissions
rate shall be adjusted as necessary to exclude any
emissions attributed to indirect land use change. Any
such adjustment shall be based on regulations or meth-
odologies determined by the Secretary.
‘‘(v) ANIMAL
MANURES.—With respect to any
transportation fuel which is derived from animal
manure, the Secretary—
‘‘(I) shall provide a distinct emissions rate with
respect to such fuel based on the specific animal
manure feedstock, which may include dairy
manure, swine manure, poultry manure, or any
other sources as are determined appropriate by
the Secretary, and
‘‘(II) notwithstanding subparagraph (E), may
provide an emissions rate that is less than zero.’’.
(2) CONFORMING
AMENDMENT.—Section 45Z(b)(1)(B)(i) is
amended by striking ‘‘clauses (ii) and (iii)’’ and inserting
‘‘clauses (ii), (iii), (iv), and (v)’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to emissions rates published for transpor-
tation fuel produced after December 31, 2025.
(d) EXTENSION OF CLEAN FUEL PRODUCTION CREDIT.—Section
45Z(g) is amended by striking ‘‘December 31, 2027’’ and inserting
‘‘December 31, 2029’’.
(e)
PREVENTING
DOUBLE
CREDIT.—Section
45Z(d)(5)
is
amended—
(1) in subparagraph (A)—
(A) in clause (ii), by striking ‘‘and’’ at the end,
(B) in clause (iii), by striking the period at the end
and inserting ‘‘, and’’, and
(C) by adding at the end the following new clause:
‘‘(iv) is not produced from a fuel for which a credit
under this section is allowable.’’, and
(2) by adding at the end the following new subparagraph:
‘‘(C) REGULATIONS AND GUIDANCE.—The Secretary shall
issue such regulations or other guidance as the Secretary
determines necessary to carry out the purposes of subpara-
graph (A)(iv).’’.
(f) SALES
TO
UNRELATED
PERSONS.—Section 45Z(f)(3) is
amended by adding at the end the following: ‘‘The Secretary may
prescribe additional related person rules similar to the rule
described in the preceding sentence for entities which are not
described in such sentence, including rules for related persons with
respect to which the taxpayer has reason to believe will sell fuel
to an unrelated person in a manner described in subsection (a)(4).’’.
(g) TREATMENT OF SUSTAINABLE AVIATION FUEL.—
(1) COORDINATION OF CREDITS.—
(A) IN
GENERAL.—Section 6426(k) is amended by
adding at the end the following new paragraph:
‘‘(4) COORDINATION OF CREDITS.—With respect to any gallon
of sustainable aviation fuel in a qualified mixture, this sub-
section shall not apply to any such gallon for which a credit
H. R. 1—207
under section 45Z is allowable (as determined without regard
to subsection (a)(1)(A) of such section).’’.
(B) EFFECTIVE DATE.—The amendment made by this
paragraph shall apply to—
(i) fuel sold or used on or after the date of the
enactment of this Act, and
(ii) fuel sold or used before the date of enactment
of this Act, but only to the extent that claims for
the credit under section 6426(k) of the Internal Rev-
enue Code of 1986 with respect to such sale or use
have not been paid or allowed as of such date.
(2) ELIMINATION OF SPECIAL RATE.—
(A) IN GENERAL.—Paragraph (3) of section 45Z(a) is
amended to read as follows:
‘‘(3) DEFINITION OF SUSTAINABLE AVIATION FUEL.—For pur-
poses of this section, the term ‘sustainable aviation fuel’ means
liquid fuel, the portion of which is not kerosene, which is
sold for use in an aircraft and which—
‘‘(A) meets the requirements of—
‘‘(i) ASTM International Standard D7566, or
‘‘(ii) the Fischer Tropsch provisions of ASTM Inter-
national Standard D1655, Annex A1, and
‘‘(B) is not derived from palm fatty acid distillates
or petroleum.’’.
(B) CONFORMING
AMENDMENT.—Section 45Z(c)(1) is
amended by striking ‘‘, the $1.00 amount in subsection
(a)(2)(B), the 35 cent amount in subsection (a)(3)(A)(i), and
the $1.75 amount in subsection (a)(3)(A)(ii)’’ and inserting
‘‘and the $1.00 amount in subsection (a)(2)(B)’’.
(C) EFFECTIVE DATE.—The amendments made by this
paragraph shall apply to fuel produced after December
31, 2025.
(h) SUSTAINABLE AVIATION FUEL CREDIT.—Section 6426(k), as
amended by the preceding provisions of this Act, is amended by
adding at the end the following new paragraph:
‘‘(5) TERMINATION.—This subsection shall not apply to any
sale or use for any period after September 30, 2025.’’.
(i) REGISTRATION OF PRODUCERS OF FUEL ELIGIBLE FOR CLEAN
FUEL PRODUCTION CREDIT.—
(1) IN GENERAL.—Section 13704(b)(5) of Public Law 117-
169 is amended by striking ‘‘after ‘section 6426(k)(3)),’ ’’ and
inserting ‘‘after ‘section 40B),’ ’’.
(2) EFFECTIVE DATE.—The amendment made by this sub-
section shall apply to transportation fuel produced after
December 31, 2024.
(j) EXTENSION AND MODIFICATION OF SMALL AGRI-BIODIESEL
PRODUCER CREDIT.—
(1) IN GENERAL.—Section 40A is amended—
(A) in subsection (b)(4)—
(i) in subparagraph (A), by striking ‘‘10 cents’’ and
inserting ‘‘20 cents’’,
(ii) in subparagraph (B), by inserting ‘‘in a manner
which complies with the requirements under section
45Z(f)(1)(A)(iii)’’ after ‘‘produced by an eligible small
agri-biodiesel producer’’, and
(iii) by adding at the end the following new
subparagraph:
H. R. 1—208
‘‘(D) COORDINATION
WITH
CLEAN
FUEL
PRODUCTION
CREDIT.—The credit determined under this paragraph with
respect to any gallon of fuel shall be in addition to any
credit determined under section 45Z with respect to such
gallon of fuel.’’, and
(B) in subsection (g), by inserting ‘‘(or, in the case
of the small agri-biodiesel producer credit, any sale or
use after December 31, 2026)’’ after ‘‘December 31, 2024’’.
(2) TRANSFER OF CREDIT.—Section 6418(f)(1)(A) is amended
by adding at the end the following new clause:
‘‘(xii) So much of the biodiesel fuels credit deter-
mined under section 40A which consists of the small
agri-biodiesel producer credit determined under sub-
section (b)(4) of such section.’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply to fuel sold or used after June 30, 2025.
(k) RESTRICTIONS RELATING
TO PROHIBITED FOREIGN ENTI-
TIES.—
(1) IN GENERAL.—Section 45Z(f) is amended by adding at
the end the following new paragraph:
‘‘(8) RESTRICTIONS RELATING TO PROHIBITED FOREIGN ENTI-
TIES.—
‘‘(A) IN GENERAL.—No credit shall be determined under
subsection (a) for any taxable year beginning after the
date of enactment of this paragraph if the taxpayer is
a
specified
foreign
entity
(as
defined
in
section
7701(a)(51)(B)).
‘‘(B) OTHER PROHIBITED FOREIGN ENTITIES.—No credit
shall be determined under subsection (a) for any taxable
year beginning after the date which is 2 years after the
date of enactment of this paragraph if the taxpayer is
a
foreign-influenced
entity
(as
defined
in
section
7701(a)(51)(D), without regard to clause (i)(II) thereof).’’.
(2) EFFECTIVE DATE.—The amendment made by this sub-
section shall apply to taxable years beginning after the date
of enactment of this Act.
SEC. 70522. RESTRICTIONS ON CARBON OXIDE SEQUESTRATION
CREDIT.
(a) RESTRICTIONS RELATING
TO PROHIBITED FOREIGN ENTI-
TIES.—Section 45Q(f) is amended by adding at the end the following
new paragraph:
‘‘(10) RESTRICTIONS RELATING TO PROHIBITED FOREIGN ENTI-
TIES.—No credit shall be determined under subsection (a) for
any taxable year beginning after the date of enactment of
this paragraph if the taxpayer is—
‘‘(A) a specified foreign entity (as defined in section
7701(a)(51)(B)), or
‘‘(B) a foreign-influenced entity (as defined in section
7701(a)(51)(D), determined without regard to clause (i)(II)
thereof).’’.
(b) PARITY FOR DIFFERENT USES AND UTILIZATIONS OF QUALI-
FIED CARBON OXIDE.—Section 45Q is amended—
(1) in subsection (a)—
(A) in paragraph (2)(B)(ii), by adding ‘‘and’’ at the
end,
H. R. 1—209
(B) in paragraph (3), by striking subparagraph (B)
and inserting the following:
‘‘(B)(i) disposed of by the taxpayer in secure geological
storage and not used by the taxpayer as described in clause
(ii) or (iii),
‘‘(ii) used by the taxpayer as a tertiary injectant in
a qualified enhanced oil or natural gas recovery project
and disposed of by the taxpayer in secure geological storage,
or
‘‘(iii) utilized by the taxpayer in a manner described
in subsection (f)(5).’’, and
(C) by striking paragraph (4),
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by striking subparagraph (A) and inserting the
following:
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B) or (C), the applicable dollar amount shall be an amount
equal to—
‘‘(i) for any taxable year beginning in a calendar
year after 2024 and before 2027, $17, and
‘‘(ii) for any taxable year beginning in a calendar
year after 2026, an amount equal to the product of
$17 and the inflation adjustment factor for such cal-
endar year determined under section 43(b)(3)(B) for
such calendar year, determined by substituting ‘2025’
for ‘1990’.’’, and
(ii) in subparagraph (B), by striking ‘‘shall be
applied’’ and all that follows through the period and
inserting ‘‘shall be applied by substituting ‘$36’ for
‘$17’ each place it appears.’’,
(B) in paragraph (2)(B), by striking ‘‘paragraphs (3)(A)
and (4)(A)’’ and inserting ‘‘paragraph (3)(A)’’, and
(C) in paragraph (3), by striking ‘‘the dollar amounts
applicable under paragraph (3) or (4)’’ and inserting ‘‘the
dollar amount applicable under paragraph (3)’’,
(3) in subsection (f)—
(A) in paragraph (5)(B)(i), by striking ‘‘(4)(B)(ii)’’ and
inserting ‘‘(3)(B)(iii)’’, and
(B) in paragraph (9), by striking ‘‘paragraphs (3) and
(4) of subsection (a)’’ and inserting ‘‘subsection (a)(3)’’, and
(4) in subsection (h)(3)(A)(ii), by striking ‘‘paragraph (3)(A)
or (4)(A) of subsection (a)’’ and inserting ‘‘subsection (a)(3)(A)’’.
(c) CONFORMING AMENDMENT.—Section 6417(d)(3)(C)(i)(II)(bb)
is amended by striking ‘‘paragraph (3)(A) or (4)(A) of section 45Q(a)’’
and inserting ‘‘section 45Q(a)(3)(A)’’.
(d) EFFECTIVE DATES.—
(1) RESTRICTIONS RELATING TO PROHIBITED FOREIGN ENTI-
TIES.—The amendment made by subsection (a) shall apply to
taxable years beginning after the date of enactment of this
Act.
(2) PARITY FOR DIFFERENT USES AND UTILIZATIONS OF QUALI-
FIED CARBON OXIDE.—The amendments made subsections (b)
and (c) shall apply to facilities or equipment placed in service
after the date of enactment of this Act.
H. R. 1—210
SEC. 70523. INTANGIBLE DRILLING AND DEVELOPMENT COSTS TAKEN
INTO
ACCOUNT
FOR
PURPOSES
OF
COMPUTING
ADJUSTED FINANCIAL STATEMENT INCOME.
(a) IN GENERAL.—Section 56A(c)(13) is amended—
(1) by striking subparagraph (A) and inserting the fol-
lowing:
‘‘(A) reduced by—
‘‘(i) depreciation deductions allowed under section
167 with respect to property to which section 168
applies to the extent of the amount allowed as deduc-
tions in computing taxable income for the year, and
‘‘(ii) any deduction allowed for expenses under sec-
tion 263(c) (including any deduction for such expenses
under section 59(e) or 291(b)(2)) with respect to prop-
erty described therein to the extent of the amount
allowed as deductions in computing taxable income
for the year, and’’, and
(2) by striking subparagraph (B)(i) and inserting the fol-
lowing:
‘‘(i) to disregard any amount of—
‘‘(I) depreciation expense that is taken into
account on the taxpayer’s applicable financial
statement with respect to such property, and
‘‘(II) depletion expense that is taken into
account on the taxpayer’s applicable financial
statement with respect to the intangible drilling
and development costs of such property, and’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70524. INCOME FROM HYDROGEN STORAGE, CARBON CAPTURE,
ADVANCED
NUCLEAR,
HYDROPOWER,
AND
GEO-
THERMAL ENERGY ADDED TO QUALIFYING INCOME OF
CERTAIN PUBLICLY TRADED PARTNERSHIPS.
(a) IN GENERAL.—Section 7704(d)(1)(E) is amended—
(1) by striking ‘‘income and gains derived from the explo-
ration’’ and inserting the following: ‘‘income and gains derived
from—
‘‘(i) the exploration’’.
(2) by inserting ‘‘or’’ before ‘‘industrial source’’, and
(3) by striking ‘‘or the transportation or storage’’ and all
that follows and inserting the following:
‘‘(ii) the transportation or storage of—
‘‘(I) any fuel described in subsection (b), (c),
(d), (e), or (k) of section 6426, or any alcohol fuel
defined in section 6426(b)(4)(A) or any biodiesel
fuel as defined in section 40A(d)(1) or sustainable
aviation fuel as defined in section 40B(d)(1), or
‘‘(II)
liquified
hydrogen
or
compressed
hydrogen,
‘‘(iii) in the case of a qualified facility (as defined
in section 45Q(d), without regard to any date by which
construction of the facility or equipment is required
to begin) not less than 50 percent of the total carbon
oxide production of which is qualified carbon oxide
(as defined in section 45Q(c))—
H. R. 1—211
‘‘(I) the generation, availability for such
generation, or storage of electric power at such
facility, or
‘‘(II) the capture of carbon dioxide by such
facility,
‘‘(iv) the production of electricity from any
advanced nuclear facility (as defined in section
45J(d)(2)),
‘‘(v) the production of electricity or thermal energy
exclusively using a qualified energy resource described
in subparagraph (D) or (H) of section 45(c)(1), or
‘‘(vi) the operation of energy property described
in clause (iii) or (vii) of section 48(a)(3)(A) (determined
without regard to any requirement under such section
with respect to the date on which construction of prop-
erty begins).’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70525. ALLOW FOR PAYMENTS TO CERTAIN INDIVIDUALS WHO
DYE FUEL.
(a) IN GENERAL.—Subchapter B of chapter 65, as amended
by the preceding provisions of this Act, is amended by adding
at the end the following new section:
‘‘SEC. 6435. DYED FUEL.
‘‘(a) IN GENERAL.—If a person establishes to the satisfaction
of the Secretary that such person meets the requirements of sub-
section (b) with respect to diesel fuel or kerosene, then the Secretary
shall pay to such person an amount (without interest) equal to
the tax described in subsection (b)(2)(A) with respect to such diesel
fuel or kerosene.
‘‘(b) REQUIREMENTS.—
‘‘(1) IN
GENERAL.—A person meets the requirements of
this subsection with respect to diesel fuel or kerosene if such
person removes from a terminal eligible indelibly dyed diesel
fuel or kerosene.
‘‘(2) ELIGIBLE INDELIBLY DYED DIESEL FUEL OR KEROSENE
DEFINED.—The term ‘eligible indelibly dyed diesel fuel or ker-
osene’ means diesel fuel or kerosene—
‘‘(A) with respect to which a tax under section 4081
was previously paid (and not credited or refunded), and
‘‘(B) which is exempt from taxation under section
4082(a).
‘‘(c) CROSS REFERENCE.—For civil penalty for excessive claims
under this section, see section 6675.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 6206 is amended—
(A) by striking ‘‘or 6427’’ each place it appears and
inserting ‘‘6427, or 6435’’, and
(B) by striking ‘‘6420 and 6421’’ and inserting ‘‘6420,
6421, and 6435’’.
(2) Section 6430 is amended—
(A) by striking ‘‘or’’ at the end of paragraph (2), by
striking the period at the end of paragraph (3) and inserting
‘‘, or’’, and by adding at the end the following new para-
graph:
H. R. 1—212
‘‘(4) which are removed as eligible indelibly dyed diesel
fuel or kerosene under section 6435.’’.
(3) Section 6675 is amended—
(A) in subsection (a), by striking ‘‘or 6427 (relating
to fuels not used for taxable purposes)’’ and inserting ‘‘6427
(relating to fuels not used for taxable purposes), or 6435
(relating to eligible indelibly dyed fuel)’’, and
(B) in subsection (b)(1), by striking ‘‘6421, or 6427,’’
and inserting ‘‘6421, 6427, or 6435,’’.
(4) The table of sections for subchapter B of chapter 65,
as amended by the preceding provisions of this Act, is amended
by adding at the end the following new item:
‘‘Sec. 6435. Dyed fuel.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to eligible indelibly dyed diesel fuel or kerosene removed
on or after the date that is 180 days after the date of the enactment
of this section.
Subchapter C—Other Reforms
SEC. 70531. MODIFICATIONS TO DE MINIMIS ENTRY PRIVILEGE FOR
COMMERCIAL SHIPMENTS.
(a) CIVIL PENALTY.—
(1) ADDITIONAL
PENALTY
IMPOSED.—Section 321 of the
Tariff Act of 1930 (19 U.S.C. 1321) is amended by adding
at the end the following new subsection:
‘‘(c) Any person who enters, introduces, facilitates, or attempts
to introduce an article into the United States using the privilege
of this section, the importation of which violates any other provision
of United States customs law, shall be assessed, in addition to
any other penalty permitted by law, a civil penalty of up to $5,000
for the first violation and up to $10,000 for each subsequent viola-
tion.’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect 30 days after the date of the enactment
of this Act.
(b) REPEAL OF COMMERCIAL SHIPMENT EXCEPTION.—
(1) REPEAL.—Section 321(a)(2) of such Act (19 U.S.C.
1321(a)(2)) is amended by striking ‘‘of this Act, or’’ and all
that follows through ‘‘subdivision (2); and’’ and inserting ‘‘of
this Act; and’’.
(2) CONFORMING REPEAL.—Subsection (c) of such section
321, as added by subsection (a) of this section, is repealed.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on July 1, 2027.
CHAPTER 6—ENHANCING DEDUCTION AND INCOME TAX
CREDIT GUARDRAILS, AND OTHER REFORMS
SEC. 70601. MODIFICATION AND EXTENSION OF LIMITATION ON
EXCESS BUSINESS LOSSES OF NONCORPORATE TAX-
PAYERS.
(a) RULE MADE PERMANENT.—Section 461(l)(1) is amended by
striking ‘‘and before January 1, 2029,’’ each place it appears.
(b) ADJUSTMENT OF AMOUNTS FOR CALCULATION OF EXCESS
BUSINESS LOSS.—Section 461(l)(3)(C) is amended—
H. R. 1—213
(1) in the matter preceding clause (i), by striking ‘‘December
31, 2018’’ and inserting ‘‘December 31, 2025’’, and
(2) in clause (ii), by striking ‘‘2017’’ and inserting ‘‘2024’’.
(c) EFFECTIVE DATES.—
(1) RULE MADE PERMANENT.—The amendments made by
subsection (a) shall apply to taxable years beginning after
December 31, 2026.
(2) ADJUSTMENT OF AMOUNTS FOR CALCULATION OF EXCESS
BUSINESS LOSS.—The amendments made by subsection (b) shall
apply to taxable years beginning after December 31, 2025.
SEC. 70602. TREATMENT OF PAYMENTS FROM PARTNERSHIPS TO
PARTNERS FOR PROPERTY OR SERVICES.
(a) IN GENERAL.—Section 707(a)(2) is amended by striking
‘‘Under regulations prescribed’’ and inserting ‘‘Except as provided’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to services performed, and property transferred, after
the date of the enactment of this Act.
(c) RULE OF CONSTRUCTION.—Nothing in this section, or the
amendments made by this section, shall be construed to create
any inference with respect to the proper treatment under section
707(a) of the Internal Revenue Code of 1986 with respect to pay-
ments from a partnership to a partner for services performed,
or property transferred, on or before the date of the enactment
of this Act.
SEC. 70603. EXCESSIVE EMPLOYEE REMUNERATION FROM CON-
TROLLED
GROUP
MEMBERS
AND
ALLOCATION
OF
DEDUCTION.
(a) APPLICATION OF AGGREGATION RULES.—Section 162(m) is
amended by adding at the end the following new paragraph:
‘‘(7) REMUNERATION FROM CONTROLLED GROUP MEMBERS.—
‘‘(A) IN GENERAL.—In the case of any publicly held
corporation which is a member of a controlled group—
‘‘(i) paragraph (1) shall be applied by substituting
‘specified covered employee’ for ‘covered employee’, and
‘‘(ii) if any person which is a member of such
controlled group (other than such publicly held corpora-
tion) provides applicable employee remuneration to an
individual who is a specified covered employee of such
controlled group and the aggregate amount described
in subparagraph (B)(ii) with respect to such specified
covered employee exceeds $1,000,000—
‘‘(I) paragraph (1) shall apply to such person
with respect to such remuneration, and
‘‘(II) paragraph (1) shall apply to such publicly
held corporation and to each such related person
by substituting ‘the allocable limitation amount’
for ‘$1,000,000’.
‘‘(B) ALLOCABLE LIMITATION AMOUNT.—For purposes of
this paragraph, the term ‘allocable limitation amount’
means, with respect to any member of the controlled group
referred to in subparagraph (A) with respect to any speci-
fied covered employee of such controlled group, the amount
which bears the same ratio to $1,000,000 as—
‘‘(i) the amount of applicable employee remunera-
tion provided by such member with respect to such
specified covered employee, bears to
H. R. 1—214
‘‘(ii) the aggregate amount of applicable employee
remuneration provided by all such members with
respect to such specified covered employee.
‘‘(C) SPECIFIED COVERED EMPLOYEE.—For purposes of
this paragraph, the term ‘specified covered employee’
means, with respect to any controlled group—
‘‘(i) any employee described in subparagraph (A),
(B), or (D) of paragraph (3), with respect to the publicly
held corporation which is a member of such controlled
group, and
‘‘(ii) any employee who would be described in
subparagraph (C) of paragraph (3) if such subpara-
graph were applied by taking into account the
employees of all members of the controlled group.
‘‘(D) CONTROLLED GROUP.—For purposes of this para-
graph, the term ‘controlled group’ means any group treated
as a single employer under subsection (b), (c), (m), or (o)
of section 414.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70604. EXCISE TAX ON CERTAIN REMITTANCE TRANSFERS.
(a) IN GENERAL.—Chapter 36 is amended by inserting after
subchapter B the following new subchapter:
‘‘Subchapter C—Remittance Transfers
‘‘Sec. 4475. Imposition of tax.
‘‘SEC. 4475. IMPOSITION OF TAX.
‘‘(a) IN GENERAL.—There is hereby imposed on any remittance
transfer a tax equal to 1 percent of the amount of such transfer.
‘‘(b) PAYMENT OF TAX.—
‘‘(1) IN GENERAL.—The tax imposed by this section with
respect to any remittance transfer shall be paid by the sender
with respect to such transfer.
‘‘(2) COLLECTION OF TAX.—The remittance transfer provider
with respect to any remittance transfer shall collect the amount
of the tax imposed under subsection (a) with respect to such
transfer from the sender and remit such tax quarterly to the
Secretary at such time and in such manner as provided by
the Secretary,
‘‘(3) SECONDARY LIABILITY.—Where any tax imposed by sub-
section (a) is not paid at the time the transfer is made, then
to the extent that such tax is not collected, such tax shall
be paid by the remittance transfer provider.
‘‘(c) TAX LIMITED TO CASH AND SIMILAR INSTRUMENTS.—The
tax imposed under subsection (a) shall apply only to any remittance
transfer for which the sender provides cash, a money order, a
cashier’s check, or any other similar physical instrument (as deter-
mined by the Secretary) to the remittance transfer provider.
‘‘(d) NONAPPLICATION
TO
CERTAIN
NONCASH
REMITTANCE
TRANSFERS.—Subsection (a) shall not apply to any remittance
transfer for which the funds being transferred are—
‘‘(1) withdrawn from an account held in or by a financial
institution—
H. R. 1—215
‘‘(A) which is described in subparagraphs (A) through
(H) of section 5312(a)(2) of title 31, United States Code,
and
‘‘(B) that is subject to the requirements under sub-
chapter II of chapter 53 of such title, or
‘‘(2) funded with a debit card or a credit card which is
issued in the United States.
‘‘(e) DEFINITIONS.—For purposes of this section—
‘‘(1) IN GENERAL.—The terms ‘remittance transfer’, ‘remit-
tance transfer provider’, and ‘sender’ shall each have the respec-
tive meanings given such terms by section 919(g) of the Elec-
tronic Fund Transfer Act (15 U.S.C. 1693o–1(g)).
‘‘(2) CREDIT CARD.—The term ‘credit card’ has the same
meaning given such term under section 920(c)(3) of the Elec-
tronic Fund Transfer Act (15 U.S.C. 1693o–2(c)(3)).
‘‘(3) DEBIT
CARD.—The term ‘debit card’ has the same
meaning given such term under section 920(c)(2) of the Elec-
tronic Fund Transfer Act (15 U.S.C. 1693o–2(c)(2)), without
regard to subparagraph (B) of such section.
‘‘(f) APPLICATION
OF ANTI-CONDUIT RULES.—For purposes of
section 7701(l), with respect to any multiple-party arrangements
involving the sender, a remittance transfer shall be treated as
a financing transaction.’’.
(b) CONFORMING AMENDMENT.—The table of subchapters for
chapter 36 is amended by inserting after the item relating to
subchapter B the following new item:
‘‘SUBCHAPTER C—REMITTANCE TRANSFERS’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to transfers made after December 31, 2025.
SEC. 70605. ENFORCEMENT PROVISIONS WITH RESPECT TO COVID-
RELATED EMPLOYEE RETENTION CREDITS.
(a) ASSESSABLE PENALTY FOR FAILURE TO COMPLY WITH DUE
DILIGENCE REQUIREMENTS.—
(1) IN GENERAL.—Any COVID–ERTC promoter which pro-
vides aid, assistance, or advice with respect to any COVID–
ERTC document and which fails to comply with due diligence
requirements imposed by the Secretary with respect to deter-
mining eligibility for, or the amount of, any credit or advance
payment of a credit under section 3134 of the Internal Revenue
Code of 1986, shall pay a penalty of $1,000 for each such
failure.
(2) DUE
DILIGENCE
REQUIREMENTS.—The due diligence
requirements referred to in paragraph (1) shall be similar to
the due diligence requirements imposed under section 6695(g)
of the Internal Revenue Code of 1986.
(3) RESTRICTION TO DOCUMENTS USED IN CONNECTION WITH
RETURNS
OR
CLAIMS
FOR
REFUND.—Paragraph (1) shall not
apply with respect to any COVID–ERTC document unless such
document constitutes, or relates to, a return or claim for refund.
(4) TREATMENT AS ASSESSABLE PENALTY, ETC.—For purposes
of the Internal Revenue Code of 1986, the penalty imposed
under paragraph (1) shall be treated as a penalty which is
imposed under section 6695(g) of such Code and assessed under
section 6201 of such Code.
H. R. 1—216
(5) SECRETARY.—For purposes of this subsection, the term
‘‘Secretary’’ means the Secretary of the Treasury or the Sec-
retary’s delegate.
(b) COVID–ERTC PROMOTER.—For purposes of this section—
(1) IN
GENERAL.—The term ‘‘COVID–ERTC promoter’’
means, with respect to any COVID–ERTC document, any per-
son which provides aid, assistance, or advice with respect to
such document if—
(A) such person charges or receives a fee for such
aid, assistance, or advice which is based on the amount
of the refund or credit with respect to such document
and, with respect to such person’s taxable year in which
such person provided such assistance or the preceding tax-
able year, the aggregate of the gross receipts of such person
for aid, assistance, and advice with respect to all COVID-
ERTC documents exceeds 20 percent of the gross receipts
of such person for such taxable year, or
(B) with respect to such person’s taxable year in which
such person provided such assistance or the preceding tax-
able year—
(i) the aggregate of the gross receipts of such per-
son for aid, assistance, and advice with respect to
all COVID–ERTC documents exceeds 50 percent of
the gross receipts of such person for such taxable year,
or
(ii) both—
(I) such aggregate gross receipts exceed 20
percent of the gross receipts of such person for
such taxable year, and
(II) the aggregate of the gross receipts of such
person for aid, assistance, and advice with respect
to all COVID–ERTC documents (determined after
application of paragraph (3)) exceeds $500,000.
(2) EXCEPTION
FOR
CERTIFIED
PROFESSIONAL
EMPLOYER
ORGANIZATIONS.—The term ‘‘COVID–ERTC promoter’’ shall not
include a certified professional employer organization (as
defined in section 7705 of the Internal Revenue Code of 1986).
(3) AGGREGATION RULE.—For purposes of paragraph (1),
all persons treated as a single employer under subsection (a)
or (b) of section 52 of the Internal Revenue Code of 1986,
or subsection (m) or (o) of section 414 of such Code, shall
be treated as 1 person.
(4) SHORT
TAXABLE
YEARS.—In the case of any taxable
year of less than 12 months, a person shall be treated as
a COVID-ERTC promoter if such person is described in para-
graph (1) either with respect to such taxable year or by treating
any reference to such taxable year as a reference to the calendar
year in which such taxable year begins.
(c) COVID–ERTC DOCUMENT.—For purposes of this section,
the term ‘‘COVID–ERTC document’’ means any return, affidavit,
claim, or other document related to any credit or advance payment
of a credit under section 3134 of the Internal Revenue Code of
1986, including any document related to eligibility for, or the cal-
culation or determination of any amount directly related to, any
such credit or advance payment.
(d) LIMITATION ON CREDITS AND REFUNDS.—Notwithstanding
section 6511 of the Internal Revenue Code of 1986, no credit under
H. R. 1—217
section 3134 of the Internal Revenue Code of 1986 shall be allowed,
and no refund with respect to any such credit shall be made,
after the date of the enactment of this Act, unless a claim for
such credit or refund was filed by the taxpayer on or before January
31, 2024.
(e) EXTENSION OF LIMITATION ON ASSESSMENT.—Section 3134(l)
is amended to read as follows:
‘‘(l) EXTENSION OF LIMITATION ON ASSESSMENT.—
‘‘(1) IN
GENERAL.—Notwithstanding section 6501, the
limitation on the time period for the assessment of any amount
attributable to a credit claimed under this section shall not
expire before the date that is 6 years after the latest of—
‘‘(A) the date on which the original return which
includes the calendar quarter with respect to which such
credit is determined is filed,
‘‘(B) the date on which such return is treated as filed
under section 6501(b)(2), or
‘‘(C) the date on which the claim for credit or refund
with respect to such credit is made.
‘‘(2) DEDUCTION FOR WAGES TAKEN INTO ACCOUNT IN DETER-
MINING IMPROPERLY CLAIMED CREDIT.—
‘‘(A) IN GENERAL.—Notwithstanding section 6511, in
the case of an assessment attributable to a credit claimed
under this section, the limitation on the time period for
credit or refund of any amount attributable to a deduction
for improperly claimed ERTC wages shall not expire before
the time period for such assessment expires under para-
graph (1).
‘‘(B) IMPROPERLY CLAIMED ERTC WAGES.—For purposes
of this paragraph, the term ‘improperly claimed ERTC
wages’ means, with respect to an assessment attributable
to a credit claimed under this section, the wages with
respect to which a deduction would not have been allowed
if the portion of the credit to which such assessment relates
had been properly claimed.’’.
(f) AMENDMENT
TO
PENALTY
FOR
ERRONEOUS
CLAIM
FOR
REFUND
OR
CREDIT.—Section 6676(a) is amended by striking
‘‘income tax’’ and inserting ‘‘income or employment tax’’.
(g) EFFECTIVE DATES.—
(1) IN GENERAL.—The provisions of this section shall apply
to aid, assistance, and advice provided after the date of the
enactment of this Act.
(2) LIMITATION ON CREDITS AND REFUNDS.—Subsection (d)
shall apply to credits and refunds allowed or made after the
date of the enactment of this Act.
(3) EXTENSION
OF
LIMITATION
ON
ASSESSMENT.—The
amendment made by subsection (e) shall apply to assessments
made after the date of the enactment of this Act.
(4) AMENDMENT TO PENALTY FOR ERRONEOUS CLAIM FOR
REFUND OR CREDIT.—The amendment made by subsection (f)
shall apply to claims for credit or refund after the date of
the enactment of this Act.
(h) REGULATIONS.—The Secretary (as defined in subsection
(a)(5)) shall issue such regulations or other guidance as may be
necessary or appropriate to carry out the purposes of this section
(and the amendments made by this section).
H. R. 1—218
SEC. 70606. SOCIAL SECURITY NUMBER REQUIREMENT FOR AMERICAN
OPPORTUNITY AND LIFETIME LEARNING CREDITS.
(a) SOCIAL SECURITY NUMBER OF TAXPAYER REQUIRED.—Section
25A(g)(1) is amended to read as follows:
‘‘(1) IDENTIFICATION REQUIREMENT.—
‘‘(A) SOCIAL
SECURITY
NUMBER
REQUIREMENT.—No
credit shall be allowed under subsection (a) to an individual
unless the individual includes on the return of tax for
the taxable year—
‘‘(i) such individual’s social security number, and
‘‘(ii) in the case of a credit with respect to the
qualified tuition and related expenses of an individual
other than the taxpayer or the taxpayer’s spouse, the
name and social security number of such individual.
‘‘(B) INSTITUTION.—No American Opportunity Tax
Credit shall be allowed under this section unless the tax-
payer includes the employer identification number of any
institution to which the taxpayer paid qualified tuition
and related expenses taken into account under this section
on the return of tax for the taxable year.
‘‘(C) SOCIAL SECURITY NUMBER DEFINED.—For purposes
of this paragraph, the term ‘social security number’ shall
have the meaning given such term in section 24(h)(7).’’.
(b) OMISSION
TREATED
AS
MATHEMATICAL
OR
CLERICAL
ERROR.—Section 6213(g)(2)(J) is amended by striking ‘‘TIN’’ and
inserting ‘‘social security number or employer identification
number’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
SEC. 70607. TASK FORCE ON THE REPLACEMENT OF DIRECT FILE.
Out of any money in the Treasury not otherwise appropriated,
there is hereby appropriated for the fiscal year ending September
30, 2026, $15,000,000, to remain available until September 30,
2026, for necessary expenses of the Department of the Treasury
to deliver to Congress, within 90 days following the date of the
enactment of this Act, a report on—
(1) the cost of enhancing and establishing public-private
partnerships which provide for free tax filing for up to 70
percent of all taxpayers calculated by adjusted gross income,
and to replace any direct e-file programs run by the Internal
Revenue Service;
(2) taxpayer opinions and preferences regarding a taxpayer-
funded, government-run service or a free service provided by
the private sector;
(3) assessment of the feasibility of a new approach, how
to make the options consistent and simple for taxpayers across
all participating providers, and how to provide features to
address taxpayer needs; and
(4) the cost (including options for differential coverage
based on taxpayer adjusted gross income and return complexity)
of developing and running a free direct e-file tax return system,
including costs to build and administer each release.
H. R. 1—219
Subtitle B—Health
CHAPTER 1—MEDICAID
Subchapter A—Reducing Fraud and Improving Enrollment
Processes
SEC. 71101. MORATORIUM ON IMPLEMENTATION OF RULE RELATING
TO
ELIGIBILITY
AND
ENROLLMENT
IN
MEDICARE
SAVINGS PROGRAMS.
(a) IN GENERAL.—The Secretary of Health and Human Services
shall not, during the period beginning on the date of the enactment
of this section and ending September 30, 2034, implement, admin-
ister, or enforce the amendments made by the provisions of the
final rule published by the Centers for Medicare & Medicaid Serv-
ices on September 21, 2023, and titled ‘‘Streamlining Medicaid;
Medicare Savings Program Eligibility Determination and Enroll-
ment’’ (88 Fed. Reg. 65230) to the following sections of title 42,
Code of Federal Regulations:
(1) Section 406.21(c).
(2) Section 435.4.
(3) Section 435.601.
(4) Section 435.911.
(5) Section 435.952.
(b) IMPLEMENTATION FUNDING.—For the purposes of carrying
out the provisions of this section and section 71102, there are
appropriated, out of any monies in the Treasury not otherwise
appropriated, to the Administrator of the Centers for Medicare
& Medicaid Services, $1,000,000 for fiscal year 2026, to remain
available until expended.
SEC. 71102. MORATORIUM ON IMPLEMENTATION OF RULE RELATING
TO ELIGIBILITY AND ENROLLMENT FOR MEDICAID,
CHIP, AND THE BASIC HEALTH PROGRAM.
The Secretary of Health and Human Services shall not, during
the period beginning on the date of the enactment of this section
and ending September 30, 2034, implement, administer, or enforce
the amendments made by the provisions of the final rule published
by the Centers for Medicare & Medicaid Services on April 2, 2024,
and titled ‘‘Medicaid Program; Streamlining the Medicaid, Chil-
dren’s Health Insurance Program, and Basic Health Program
Application, Eligibility Determination, Enrollment, and Renewal
Processes’’ (89 Fed. Reg. 22780) to the following sections of title
42, Code of Federal Regulations:
(1) PART 431.—
(A) Section 431.213(d).
(2) PART 435.—
(A) Section 435.222.
(B) Section 435.407.
(C) Section 435.907.
(D) Section 435.911(c).
(E) Section 435.912.
(F) Section 435.916.
(G) Section 435.919.
(H) Section 435.1200(b)(3)(i)-(v).
(I) Section 435.1200(e )(1)(ii).
(J) Section 435.1200(h)(1).
H. R. 1—220
(3) PART 447.—Section 447.56(a)(1)(v).
(4) PART 457.—
(A) Section 457.344.
(B) Section 457.960.
(C) Section 457.1140(d)(4).
(D) Section 457.1170.
(E) Section 457.1180.
SEC. 71103. REDUCING DUPLICATE ENROLLMENT UNDER THE MED-
ICAID AND CHIP PROGRAMS.
(a) MEDICAID.—
(1) IN GENERAL.—Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended—
(A) in subsection (a)—
(i) in paragraph (86), by striking ‘‘and’’ at the
end;
(ii) in paragraph (87), by striking the period and
inserting ‘‘; and’’; and
(iii) by inserting after paragraph (87) the following
new paragraph:
‘‘(88) provide—
‘‘(A) beginning not later than January 1, 2027, in the
case of 1 of the 50 States and the District of Columbia,
for a process to regularly obtain address information for
individuals enrolled under such plan (or a waiver of such
plan) in accordance with subsection (vv); and
‘‘(B) beginning not later than October 1, 2029—
‘‘(i) for the State to submit to the system estab-
lished by the Secretary under subsection (uu), with
respect to an individual enrolled or seeking to enroll
under such plan, not less frequently than once each
month and during each determination or redetermina-
tion of the eligibility of such individual for medical
assistance under such plan (or waiver of such plan)—
‘‘(I) the social security number of such indi-
vidual, if such individual has a social security
number and is required to provide such number
to enroll under such plan (or waiver); and
‘‘(II) such other information with respect to
such individual as determined necessary by the
Secretary for purposes of preventing individuals
from simultaneously being enrolled under State
plans (or waivers of such plans) of multiple States;
‘‘(ii) for the use of such system to prevent such
simultaneous enrollment; and
‘‘(iii) in the case that such system indicates that
an individual enrolled or seeking to enroll under such
plan (or waiver of such plan) is enrolled under a State
plan (or waiver of such a plan) of another State, for
the taking of appropriate action (as determined by
the Secretary) to identify whether such an individual
resides in the State and disenroll an individual from
the State plan of such State if such individual does
not reside in such State (unless such individual meets
such an exception as the Secretary may specify).’’; and
(B) by adding at the end the following new subsections:
H. R. 1—221
‘‘(uu) PREVENTION OF ENROLLMENT UNDER MULTIPLE STATE
PLANS.—
‘‘(1) IN
GENERAL.—Not later than October 1, 2029, the
Secretary shall establish a system to be utilized by the Sec-
retary and States to prevent an individual from being simulta-
neously enrolled under the State plans (or waivers of such
plans) of multiple States. Such system shall—
‘‘(A) provide for the receipt of information submitted
by a State under subsection (a)(88)(B)(i); and
‘‘(B) not less than once each month, transmit informa-
tion to a State (or allow the Secretary to transmit informa-
tion to a State) regarding whether an individual enrolled
or seeking to enroll under the State plan of such State
(or waiver of such plan) is enrolled under the State plan
(or waiver of such plan) of another State.
‘‘(2) STANDARDS.—The Secretary shall establish such stand-
ards as determined necessary by the Secretary to limit and
protect information submitted under such system and ensure
the privacy of such information, consistent with subsection
(a)(7).
‘‘(3) IMPLEMENTATION
FUNDING.—There are appropriated
to the Administrator of the Centers for Medicare & Medicaid
Services, out of amounts in the Treasury not otherwise appro-
priated, in addition to amounts otherwise available—
‘‘(A) for fiscal year 2026, $10,000,000 for purposes of
establishing the system and standards required under this
subsection, to remain available until expended; and
‘‘(B) for fiscal year 2029, $20,000,000 for purposes of
maintaining such system, to remain available until
expended.
‘‘(vv) PROCESS TO OBTAIN ENROLLEE ADDRESS INFORMATION.—
‘‘(1) IN GENERAL.—For purposes of subsection (a)(88)(A),
a process to regularly obtain address information for individuals
enrolled under a State plan (or a waiver of such plan) shall
obtain address information from reliable data sources described
in paragraph (2) and take such actions as the Secretary shall
specify with respect to any changes to such address based
on such information.
‘‘(2) RELIABLE DATA SOURCES DESCRIBED.—For purposes of
paragraph (1), the reliable data sources described in this para-
graph are the following:
‘‘(A) Mail returned to the State by the United States
Postal Service with a forwarding address.
‘‘(B) The National Change of Address Database main-
tained by the United States Postal Service.
‘‘(C) A managed care entity (as defined in section
1932(a)(1)(B)) or prepaid inpatient health plan or prepaid
ambulatory health plan (as such terms are defined in sec-
tion 1903(m)(9)(D)) that has a contract under the State
plan if the address information is provided to such entity
or plan directly from, or verified by such entity or plan
directly with, such individual.
‘‘(D) Other data sources as identified by the State
and approved by the Secretary.’’.
(2) CONFORMING AMENDMENTS.—
(A) PARIS.—Section 1903(r)(3) of the Social Security
Act (42 U.S.C. 1396b(r)(3)) is amended—
H. R. 1—222
(i) by striking ‘‘In order’’ and inserting ‘‘(A) In
order’’;
(ii) by striking ‘‘through the Public’’ and inserting
‘‘through—
‘‘(i) the Public’’;
(iii) by striking the period at the end and inserting
‘‘; and
‘‘(ii) beginning October 1, 2029, the system established
by the Secretary under section 1902(uu).’’; and
(iv) by adding at the end the following new
subparagraph:
‘‘(B) Beginning October 1, 2029, the Secretary may deter-
mine that a State is not required to have in operation an
eligibility determination system which provides for data
matching (for purposes of address verification under section
1902(vv)) through the system described in subparagraph (A)(i)
to meet the requirements of this paragraph.’’.
(B) MANAGED CARE.—Section 1932 of the Social Secu-
rity Act (42 U.S.C. 1396u–2) is amended by adding at
the end the following new subsection:
‘‘(j) TRANSMISSION
OF
ADDRESS
INFORMATION.—Beginning
January 1, 2027, each contract under a State plan with a managed
care entity (as defined in section 1932(a)(1)(B)) or with a prepaid
inpatient health plan or prepaid ambulatory health plan (as such
terms are defined in section 1903(m)(9)(D)), shall provide that such
entity or plan shall promptly transmit to the State any address
information for an individual enrolled with such entity or plan
that is provided to such entity or plan directly from, or verified
by such entity or plan directly with, such individual.’’.
(b) CHIP.—
(1) IN GENERAL.—Section 2107(e)(1) of the Social Security
Act (42 U.S.C. 1397gg(e)(1)) is amended—
(A) by redesignating subparagraphs (H) through (U)
as subparagraphs (I) through (V), respectively; and
(B) by inserting after subparagraph (G) the following
new subparagraph:
‘‘(H) Section 1902(a)(88) (relating to address informa-
tion for enrollees and prevention of simultaneous enroll-
ments).’’.
(2) MANAGED CARE.—Section 2103(f)(3) of the Social Secu-
rity Act (42 U.S.C. 1397cc(f)(3)) is amended by striking ‘‘and
(e)’’ and inserting ‘‘(e), and (j)’’.
SEC. 71104. ENSURING DECEASED INDIVIDUALS DO NOT REMAIN
ENROLLED.
Section 1902 of the Social Security Act (42 U.S.C. 1396a),
as amended by section 71103, is further amended—
(1) in subsection (a)—
(A) in paragraph (87), by striking ‘‘; and’’ and inserting
a semicolon;
(B) in paragraph (88), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by inserting after paragraph (88) the following
new paragraph:
‘‘(89) provide that the State shall comply with the eligibility
verification requirements under subsection (ww), except that
H. R. 1—223
this paragraph shall apply only in the case of the 50 States
and the District of Columbia.’’; and
(2) by adding at the end the following new subsection:
‘‘(ww) VERIFICATION OF CERTAIN ELIGIBILITY CRITERIA.—
‘‘(1) IN GENERAL.—For purposes of subsection (a)(89), the
eligibility verification requirements, beginning January 1, 2027,
are as follows:
‘‘(A) QUARTERLY
SCREENING
TO
VERIFY
ENROLLEE
STATUS.—The State shall, not less frequently than quar-
terly, review the Death Master File (as such term is defined
in section 203(d) of the Bipartisan Budget Act of 2013)
or a successor system that provides such information
needed to determine whether any individuals enrolled for
medical assistance under the State plan (or waiver of such
plan) are deceased.
‘‘(B) DISENROLLMENT UNDER STATE PLAN.—If the State
determines, based on information obtained from the Death
Master File, that an individual enrolled for medical assist-
ance under the State plan (or waiver of such plan) is
deceased, the State shall—
‘‘(i) treat such information as factual information
confirming the death of a beneficiary;
‘‘(ii) disenroll such individual from the State plan
(or waiver of such plan) in accordance with subsection
(a)(3); and
‘‘(iii) discontinue any payments for medical assist-
ance under this title made on behalf of such individual
(other than payments for any items or services fur-
nished to such individual prior to the death of such
individual).
‘‘(C) REINSTATEMENT OF COVERAGE IN THE EVENT OF
ERROR.—If a State determines that an individual was
misidentified as deceased based on information obtained
from the Death Master File and was erroneously
disenrolled from medical assistance under the State plan
(or waiver of such plan) based on such misidentification,
the State shall immediately re-enroll such individual under
the State plan (or waiver of such plan), retroactive to
the date of such disenrollment.
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing under this sub-
section shall be construed to preclude the ability of a State
to use other electronic data sources to timely identify potentially
deceased beneficiaries, so long as the State is also in compliance
with the requirements of this subsection (and all other require-
ments under this title relating to Medicaid eligibility determina-
tion and redetermination).’’.
SEC. 71105. ENSURING DECEASED PROVIDERS DO NOT REMAIN
ENROLLED.
Section 1902(kk)(1) of the Social Security Act (42 U.S.C.
1396a(kk)(1)) is amended—
(1) by striking ‘‘The State’’ and inserting:
‘‘(A) IN GENERAL.—The State’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) PROVIDER
SCREENING
AGAINST
DEATH
MASTER
FILE.—Beginning January 1, 2028, as part of the enrollment
(or reenrollment or revalidation of enrollment) of a provider
H. R. 1—224
or supplier under this title, and not less frequently than
quarterly during the period that such provider or supplier
is so enrolled, the State conducts a check of the Death
Master File (as such term is defined in section 203(d)
of the Bipartisan Budget Act of 2013) to determine whether
such provider or supplier is deceased.’’.
SEC. 71106. PAYMENT REDUCTION RELATED TO CERTAIN ERRONEOUS
EXCESS PAYMENTS UNDER MEDICAID.
(a) IN GENERAL.—Section 1903(u)(1) of the Social Security Act
(42 U.S.C. 1396b(u)(1)) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘for audits conducted by the Secretary,
or, at the option of the Secretary, audits conducted by
the State’’ after ‘‘exceeds 0.03’’; and
(B) by inserting ‘‘, to the extent practicable’’ before
the period at the end;
(2) in subparagraph (B)—
(A) by striking ‘‘The Secretary’’ and inserting ‘‘(i) Sub-
ject to clause (ii), the Secretary’’; and
(B) by adding at the end the following new clause:
‘‘(ii) The amount waived under clause (i) for a fiscal year
may not exceed an amount equal to the erroneous excess pay-
ments for medical assistance described in subparagraph
(D)(i)(II) made for such fiscal year that exceed the allowable
error rate of 0.03.’’.
(3) in subparagraph (C), by striking ‘‘he’’ in each place
it appears and inserting ‘‘the Secretary’’ in each such place;
and
(4) in subparagraph (D)(i)—
(A) in subclause (I), by striking ‘‘and’’ at the end;
(B) in subclause (II), by striking the period at the
end and inserting ‘‘, or payments where insufficient
information is available to confirm eligibility, and’’; and
(C) by adding at the end the following new subclause:
‘‘(III) payments (other than payments described in sub-
clause (I)) for items and services furnished to an individual
who is not eligible for medical assistance under the State plan
(or a waiver of such plan) with respect to such items and
services, or payments where insufficient information is avail-
able to confirm eligibility.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply beginning with respect to fiscal year 2030.
SEC. 71107. ELIGIBILITY REDETERMINATIONS.
(a) IN GENERAL.—Section 1902(e)(14) of the Social Security
Act (42 U.S.C. 1396a(e)(14)) is amended by adding at the end
the following new subparagraph:
‘‘(L) FREQUENCY OF ELIGIBILITY REDETERMINATIONS FOR
CERTAIN INDIVIDUALS.—
‘‘(i) IN
GENERAL.—Subject to clause (ii), with
respect to redeterminations of eligibility for medical
assistance under a State plan (or waiver of such plan)
scheduled on or after the first day of the first quarter
that begins after December 31, 2026, a State shall
make such a redetermination once every 6 months
for the following individuals:
H. R. 1—225
‘‘(I) Individuals enrolled under subsection
(a)(10)(A)(i)(VIII).
‘‘(II) Individuals described in such subsection
who are otherwise enrolled under a waiver of such
plan that provides coverage that is equivalent to
minimum essential coverage (as described in sec-
tion 5000A(f)(1)(A) of the Internal Revenue Code
of 1986 and determined in accordance with stand-
ards prescribed by the Secretary in regulations)
to
all
individuals
described
in
subsection
(a)(10)(A)(i)(VIII).
‘‘(ii) EXEMPTION.—The requirements described in
clause (i) shall not apply to any individual described
in subsection (xx)(9)(A)(ii)(II).
‘‘(iii)
STATE
DEFINED.—For
purposes
of
this
subparagraph, the term ‘State’ means 1 of the 50 States
or the District of Columbia.’’.
(b) GUIDANCE.—Not later than 180 days after the date of enact-
ment of this section, the Secretary of Health and Human Services,
acting through the Administrator of the Centers for Medicare &
Medicaid Services, shall issue guidance relating to the implementa-
tion of the amendments made by this section.
(c) IMPLEMENTATION FUNDING.—For the purposes of carrying
out the provisions of, and the amendments made by, this section,
there are appropriated, out of any monies in the Treasury not
otherwise appropriated, to the Administrator of the Centers for
Medicare & Medicaid Services, $75,000,000 for fiscal year 2026,
to remain available until expended.
SEC. 71108. REVISING HOME EQUITY LIMIT FOR DETERMINING ELIGI-
BILITY FOR LONG-TERM CARE SERVICES UNDER THE
MEDICAID PROGRAM.
(a) REVISING HOME EQUITY LIMIT.—Section 1917(f)(1) of the
Social Security Act (42 U.S.C. 1396p(f)(1)) is amended—
(1) in subparagraph (B)—
(A) by striking ‘‘A State’’ and inserting ‘‘(i) A State’’;
(B) in clause (i), as inserted by subparagraph (A)—
(i) by striking ‘‘ ‘$500,000’ ’’ and inserting ‘‘the
amount specified in subparagraph (A)’’; and
(ii) by inserting ‘‘, in the case of an individual’s
home that is located on a lot that is zoned for agricul-
tural use,’’ after ‘‘apply subparagraph (A)’’; and
(C) by adding at the end the following new clause:
‘‘(ii) A State may elect, without regard to the requirements
of section 1902(a)(1) (relating to statewideness) and section
1902(a)(10)(B) (relating to comparability), to apply subpara-
graph (A), in the case of an individual’s home that is not
described in clause (i), by substituting for the amount specified
in such subparagraph, an amount that exceeds such amount,
but does not exceed $1,000,000.’’; and
(2) in subparagraph (C)—
(A) by inserting ‘‘(other than the amount specified in
subparagraph (B)(ii) (relating to certain non-agricultural
homes))’’ after ‘‘specified in this paragraph’’; and
(B) by adding at the end the following new sentence:
‘‘In the case that application of the preceding sentence
would result in a dollar amount (other than the amount
H. R. 1—226
specified in subparagraph (B)(i) (relating to certain agricul-
tural homes)) exceeding $1,000,000, such amount shall be
deemed to be equal to $1,000,000.’’.
(b) CLARIFICATION.—Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended—
(1) in subsection (r)(2), by adding at the end the following
new subparagraph:
‘‘(C) This paragraph shall not be construed as permitting a
State to determine the eligibility of an individual for medical assist-
ance with respect to nursing facility services or other long-term
care services without application of the limit under section
1917(f)(1).’’; and
(2) in subsection (e)(14)(D)(iv)—
(A) by striking ‘‘Subparagraphs’’ and inserting
‘‘(I) IN GENERAL.—Subparagraphs’’; and
(B) by adding at the end the following new subclause:
‘‘(II) APPLICATION OF HOME EQUITY INTEREST
LIMIT.—Section 1917(f) shall apply for purposes
of determining the eligibility of an individual for
medical assistance with respect to nursing facility
services or other long-term care services.’’.
(c) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply beginning on January 1, 2028.
SEC. 71109. ALIEN MEDICAID ELIGIBILITY.
(a) MEDICAID.—Section 1903(v) of the Social Security Act (42
U.S.C. 1396b(v)) is amended—
(1) in paragraph (1), by striking ‘‘and (4)’’and inserting
‘‘, (4), and (5)’’; and
(2) by adding at the end the following new paragraph:
‘‘(5) Notwithstanding the preceding paragraphs of this sub-
section, beginning on October 1, 2026, except as provided in para-
graphs (2) and (4), in no event shall payment be made to a State
under this section for medical assistance furnished to an individual
unless such individual is—
‘‘(A) a resident of 1 of the 50 States, the District of
Columbia, or a territory of the United States; and
‘‘(B) either—
‘‘(i) a citizen or national of the United States;
‘‘(ii) an alien lawfully admitted for permanent residence
as an immigrant as defined by sections 101(a)(15) and
101(a)(20) of the Immigration and Nationality Act,
excluding, among others, alien visitors, tourists, diplomats,
and students who enter the United States temporarily with
no intention of abandoning their residence in a foreign
country;
‘‘(iii) an alien who has been granted the status of
Cuban and Haitian entrant, as defined in section 501(e)
of the Refugee Education Assistance Act of 1980 (Public
Law 96–422); or
‘‘(iv) an individual who lawfully resides in the United
States in accordance with a Compact of Free Association
referred to in section 402(b)(2)(G) of the Personal Responsi-
bility and Work Opportunity Reconciliation Act of 1996.’’.
(b) CHIP.—Section 2107(e)(1) of the Social Security Act, as
amended by section 71103(b), is further amended—
H. R. 1—227
(1) by redesignating subparagraphs (R) through (V) as para-
graphs (S) through (W), respectively; and
(2) by inserting after paragraph (Q) the following:
‘‘(R) Section 1903(v)(5) (relating to payments for med-
ical assistance furnished to aliens), except in relation to
payments
for
services
provided
under
section
2105(a)(1)(D)(ii).’’.
(c) IMPLEMENTATION FUNDING.—For the purposes of carrying
out the provisions of, and the amendments made by, this section,
there are appropriated, out of any monies in the Treasury not
otherwise appropriated, to the Administrator of the Centers for
Medicare & Medicaid Services, $15,000,000 for fiscal year 2026,
to remain available until expended.
SEC. 71110. EXPANSION FMAP FOR EMERGENCY MEDICAID.
(a) IN GENERAL.—Section 1905 of the Social Security Act (42
U.S.C. 1396d) is amended by adding at the end the following
new subsection:
‘‘(kk) FMAP FOR TREATMENT
OF
AN EMERGENCY MEDICAL
CONDITION.—Notwithstanding subsection (y) and (z), beginning on
October 1, 2026, the Federal medical assistance percentage for
payments for care and services described in paragraph (2) of sub-
section 1903(v) furnished to an alien described in paragraph (1)
of such subsection shall not exceed the Federal medical assistance
percentage determined under subsection (b) for such State.’’.
(b) IMPLEMENTATION FUNDING.—For the purposes of carrying
out the provisions of, and the amendments made by this section,
there are appropriated, out of any monies in the Treasury not
otherwise appropriated, to the Administrator of the Centers for
Medicare & Medicaid Services, $1,000,000 for fiscal year 2026,
to remain available until expended.
Subchapter B—Preventing Wasteful Spending
SEC. 71111. MORATORIUM ON IMPLEMENTATION OF RULE RELATING
TO
STAFFING
STANDARDS
FOR
LONG-TERM
CARE
FACILITIES UNDER THE MEDICARE AND MEDICAID PRO-
GRAMS.
The Secretary of Health and Human Services shall not, during
the period beginning on the date of the enactment of this section
and ending September 30, 2034, implement, administer, or enforce
the amendments made by the provisions of the final rule published
by the Centers for Medicare & Medicaid Services on May 10, 2024,
and titled ‘‘Medicare and Medicaid Programs; Minimum Staffing
Standards for Long-Term Care Facilities and Medicaid Institutional
Payment Transparency Reporting’’ (89 Fed. Reg. 40876) to the
following sections of part 483 of title 42, Code of Federal Regula-
tions:
(1) Section 483.5.
(2) Section 483.35.
SEC. 71112. REDUCING STATE MEDICAID COSTS.
(a) IN GENERAL.—Section 1902(a)(34) of the Social Security
Act (42 U.S.C. 1396a(a)(34)) is amended to read as follows:
‘‘(34) provide that in the case of any individual who has
been determined to be eligible for medical assistance under
the plan and—
H. R. 1—228
‘‘(A) is enrolled under paragraph (10)(A)(i)(VIII), such
assistance will be made available to the individual for
care and services included under the plan and furnished
in or after the month before the month in which the indi-
vidual made application (or application was made on the
individual’s behalf in the case of a deceased individual)
for such assistance if such individual was (or upon applica-
tion would have been) eligible for such assistance at the
time such care and services were furnished; or
‘‘(B) is not described in subparagraph (A), such assist-
ance will be made available to the individual for care
and services included under the plan and furnished in
or after the second month before the month in which the
individual made application (or application was made on
the individual’s behalf in the case of a deceased individual)
for such assistance if such individual was (or upon applica-
tion would have been) eligible for such assistance at the
time such care and services were furnished;’’.
(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 ‘‘, with respect
to an individual described in section 1902(a)(34)(A), in or after
the month before the month in which the recipient makes applica-
tion for assistance, and with respect to an individual described
in section 1902(a)(34)(B), in or after the second month before the
month in which the recipient makes application for assistance’’.
(c) CHIP.—Section 2102(b)(1)(B) of the Social Security Act (42
U.S.C. 1397bb(b)(1)(B)) is amended—
(1) in clause (iv), by striking ‘‘and’’ at the end;
(2) in clause (v), by striking the period and inserting ‘‘;
and’’; and
(3) by adding at the end the following new clause:
‘‘(vi) shall, in the case that the State elects to
provide child health or pregnancy-related assistance
to an individual for any period prior to the month
in which the individual made application for such
assistance (or application was made on behalf of the
individual), provide that such assistance is not made
available to such individual for items and services
included under the State child health plan (or waiver
of such plan) that are furnished before the second
month preceding the month in which such individual
made application (or application was made on behalf
of such individual) for assistance.’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to medical assistance, child health assistance, and preg-
nancy-related assistance with respect to individuals whose eligibility
for such medical assistance, child health assistance, or pregnancy-
related assistance is based on an application made on or after
the first day of the first quarter that begins after December 31,
2026.
(e) IMPLEMENTATION FUNDING.—For the purposes of carrying
out the provisions of, and the amendments made by, this section,
there are appropriated, out of any monies in the Treasury not
otherwise appropriated, to the Administrator of the Centers for
H. R. 1—229
Medicare & Medicaid Services, $10,000,000 for fiscal year 2026,
to remain available until expended.
SEC. 71113. FEDERAL PAYMENTS TO PROHIBITED ENTITIES.
(a) IN GENERAL.—No Federal funds that are considered direct
spending and provided to carry out a State plan under title XIX
of the Social Security Act or a waiver of such a plan shall be
used to make payments to a prohibited entity for items and services
furnished during the 1-year period beginning on the date of the
enactment of this Act, including any payments made directly to
the prohibited entity or under a contract or other arrangement
between a State and a covered organization.
(b) DEFINITIONS.—In this section:
(1) PROHIBITED
ENTITY.—The term ‘‘prohibited entity’’
means an entity, including its affiliates, subsidiaries, succes-
sors, and clinics—
(A) that, as of the first day of the first quarter begin-
ning after the date of enactment of this Act—
(i) is an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code;
(ii) is an essential community provider described
in section 156.235 of title 45, Code of Federal Regula-
tions (as in effect on the date of enactment of this
Act), that is primarily engaged in family planning serv-
ices, reproductive health, and related medical care;
and
(iii) provides for abortions, other than an abor-
tion—
(I) if the pregnancy is the result of an act
of rape or incest; or
(II) in the case where a woman suffers from
a physical disorder, physical injury, or physical
illness, including a life-endangering physical condi-
tion caused by or arising from the pregnancy itself,
that would, as certified by a physician, place the
woman in danger of death unless an abortion is
performed; and
(B) for which the total amount of Federal and State
expenditures under the Medicaid program under title XIX
of the Social Security Act for medical assistance furnished
in fiscal year 2023 made directly, or by a covered organiza-
tion, to the entity or to any affiliates, subsidiaries, succes-
sors, or clinics of the entity, or made to the entity or
to any affiliates, subsidiaries, successors, or clinics of the
entity as part of a nationwide health care provider network,
exceeded $800,000.
(2) DIRECT SPENDING.—The term ‘‘direct spending’’ has the
meaning given that term under section 250(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)).
(3) COVERED ORGANIZATION.—The term ‘‘covered organiza-
tion’’ means a managed care entity (as defined in section
1932(a)(1)(B) of the Social Security Act (42 U.S.C. 1396u–
2(a)(1)(B))) or a prepaid inpatient health plan or prepaid
ambulatory health plan (as such terms are defined in section
1903(m)(9)(D) of such Act (42 U.S.C. 1396b(m)(9)(D))).
H. R. 1—230
(4) STATE.—The term ‘‘State’’ has the meaning given such
term in section 1101 of the Social Security Act (42 U.S.C.
1301).
(c) IMPLEMENTATION FUNDING.—For the purposes of carrying
out this section, there are appropriated, out of any monies in
the Treasury not otherwise appropriated, to the Administrator of
the Centers for Medicare & Medicaid Services, $1,000,000 for fiscal
year 2026, to remain available until expended.
Subchapter C—Stopping Abusive Financing Practices
SEC. 71114. SUNSETTING INCREASED FMAP INCENTIVE.
Section 1905(ii)(3) of the Social Security Act (42 U.S.C.
1396d(ii)(3)) is amended—
(1) by striking ‘‘which has not’’ and inserting the following:
‘‘which—
‘‘(A) has not’’;
(2) in subparagraph (A), as so inserted, by striking the
period at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) begins to expend amounts for all such individuals
prior to January 1, 2026.’’.
SEC. 71115. PROVIDER TAXES.
(a) CHANGE IN THRESHOLD FOR HOLD HARMLESS PROVISION
OF
BROAD-BASED
HEALTH
CARE
RELATED
TAXES.—Section
1903(w)(4) of the Social Security Act (42 U.S.C. 1396b(w)(4)) is
amended—
(1) in subparagraph (C)(ii), by inserting ‘‘, and for fiscal
years beginning on or after October 1, 2026, the applicable
percent determined under subparagraph (D) shall be sub-
stituted for ‘6 percent’ each place it appears’’ after ‘‘each place
it appears’’; and
(2) by inserting after subparagraph (C)(ii), the following
new subparagraph:
‘‘(D)(i) For purposes of subparagraph (C)(ii), the applicable
percent determined under this subparagraph is—
‘‘(I) in the case of a non-expansion State or unit of
local government in such State and a class of health care
items or services described in section 433.56(a) of title
42, Code of Federal Regulations (as in effect on May 1,
2025)—
‘‘(aa) if, on the date of enactment of this subpara-
graph, the non-expansion State or unit of local govern-
ment in such State has enacted a tax and imposes
such tax on such class and the Secretary determines
that the tax is within the hold harmless threshold
as of that date, the applicable percent of net patient
revenue attributable to such class that has been so
determined; and
‘‘(bb) if, on the date of enactment of this subpara-
graph, the non-expansion State or unit of local govern-
ment in such State has not enacted or does not impose
a tax with respect to such class, 0 percent; and
‘‘(II) in the case of an expansion State or unit of local
government in such State and a class of health care items
or services described in section 433.56(a) of title 42, Code
H. R. 1—231
of Federal Regulations (as in effect on May 1, 2025), subject
to clause (iv)—
‘‘(aa) if, on the date of enactment of this subpara-
graph, the expansion State or unit of local government
in such State has enacted a tax and imposes such
tax on such class and the Secretary determines that
the tax is within the hold harmless threshold as of
that date, the lower of—
‘‘(AA) the applicable percent of net patient
revenue attributable to such class that has been
so determined; and
‘‘(BB) the applicable percent specified in clause
(ii) for the fiscal year; and
‘‘(bb) if, on the date of enactment of this subpara-
graph, the expansion State or unit of local government
in such State has not enacted or does not impose
a tax with respect to such class, 0 percent.
‘‘(ii)
For
purposes
of
clause
(i)(II)(aa)(BB),
the
applicable percent is—
‘‘(I) for fiscal year 2028, 5.5 percent;
‘‘(II) for fiscal year 2029, 5 percent;
‘‘(III) for fiscal year 2030, 4.5 percent;
‘‘(IV) for fiscal year 2031, 4 percent; and
‘‘(V) for fiscal year 2032 and each subsequent fiscal
year, 3.5 percent.
‘‘(iii) For purposes of clause (i):
‘‘(I) EXPANSION STATE.—The term ‘expansion State’
means a State that, beginning on January 1, 2014,
or on any date thereafter, elects to provide medical
assistance to all individuals described in section
1902(a)(10)(A)(i)(VIII) under the State plan under this
title or under a waiver of such plan.
‘‘(II) NON-EXPANSION STATE.—The term ‘non-expan-
sion State’ means a State that is not an expansion
State.
‘‘(iv) In the case of a tax of an expansion State or
unit of local government in such State in effect on the
date of enactment of this clause, that applies to a class
of health care items or services that is described in para-
graph (3) or (4) of section 433.56(a) of title 42, Code of
Federal Regulations (as in effect on May 1, 2025), and
for which, on such date of enactment, is within the hold
harmless threshold (as determined by the Secretary), the
applicable percent of net patient revenue attributable to
such class that has been so determined shall apply for
a fiscal year instead of the applicable percent specified
in clause (ii) for the fiscal year.’’.
(b) NON-APPLICATION TO TERRITORIES.—The amendments made
by this section shall only apply with respect to a State that is
1 of the 50 States or the District of Columbia.
(c) IMPLEMENTATION FUNDING.—For the purposes of carrying
out the provisions of, and the amendments made by, this section,
there are appropriated, out of any monies in the Treasury not
otherwise appropriated, to the Administrator of the Centers for
Medicare & Medicaid Services, $20,000,000 for fiscal year 2026,
to remain available until expended.
H. R. 1—232
SEC. 71116. STATE DIRECTED PAYMENTS.
(a) IN GENERAL.—Subject to subsection (b), the Secretary of
Health and Human Services (in this section referred to as the
Secretary) shall revise section 438.6(c)(2)(iii) of title 42, Code of
Federal Regulations (or a successor regulation) such that, with
respect to a payment described in such section made for a service
furnished during a rating period beginning on or after the date
of the enactment of this Act, the total payment rate for such
service is limited to—
(1) in the case of a State that provides coverage to all
individuals described in section 1902(a)(10)(A)(i)(VIII) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)(VIII)) that is
equivalent to minimum essential coverage (as described in sec-
tion 5000A(f)(1)(A) of the Internal Revenue Code of 1986 and
determined in accordance with standards prescribed by the
Secretary in regulations) under the State plan (or waiver of
such plan) of such State under title XIX of such Act, 100
percent of the specified total published Medicare payment rate
(or, in the absence of a specified total published Medicare
payment rate, the payment rate under a Medicaid State plan
(or under a waiver of such plan)); or
(2) in the case of a State other than a State described
in paragraph (1), 110 percent of the specified total published
Medicare payment rate (or, in the absence of a specified total
published Medicare payment rate, the payment rate under
a Medicaid State plan (or under a waiver of such plan)).
(b) GRANDFATHERING CERTAIN PAYMENTS.—In the case of a
payment described in section 438.6(c)(2)(iii) of title 42, Code of
Federal Regulations (or a successor regulation) for which written
prior approval (or a good faith effort to receive such approval,
as determined by the Secretary) was made before May 1, 2025,
or a payment described in such section for a rural hospital (as
defined in subsection (d)(2)) for which written prior approval (or
a good faith effort to receive such approval, as determined by
the Secretary) was made by the date of enactment of this Act,
for the rating period occurring within 180 days of the date of
the enactment of this Act, or a payment so described for such
rating period for which a completed preprint was submitted to
the Secretary prior to the date of enactment of this Act, beginning
with the rating period on or after January 1, 2028, the total amount
of such payment shall be reduced by 10 percentage points each
year until the total payment rate for such service is equal to
the rate for such service specified in subsection (a).
(c) TREATMENT OF EXPANSION STATES.—The revisions described
in subsection (a) shall provide that, with respect to a State that
begins providing the coverage described in paragraph (1) of such
subsection on or after the date of the enactment of this Act, the
limitation described in such paragraph shall apply to such State
with respect to a payment described in section 438.6(c)(2)(iii) of
title 42, Code of Federal Regulations (or a successor regulation)
for a service furnished during a rating period beginning on or
after the date of enactment of this Act.
(d) DEFINITIONS.—In this section:
(1) RATING
PERIOD.—The term ‘‘rating period’’ has the
meaning given such term in section 438.2 of title 42, Code
of Federal Regulations (or a successor regulation).
H. R. 1—233
(2) RURAL HOSPITAL.—The term ‘‘rural hospital’’ means the
following:
(A) A subsection (d) hospital (as defined in paragraph
(1)(B) of section 1886(d) of the Social Security Act (42
U.S.C. 1395ww(d))) that—
(i) is located in a rural area (as defined in para-
graph (2)(D) of such section);
(ii) is treated as being located in a rural area
pursuant to paragraph (8)(E) of such section; or
(iii) is located in a rural census tract of a metropoli-
tan statistical area (as determined under the most
recent modification of the Goldsmith Modification,
originally published in the Federal Register on Feb-
ruary 27, 1992 (57 Fed. Reg. 6725)).
(B) A critical access hospital (as defined in section
1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1))).
(C) A sole community hospital (as defined in section
1886(d)(5)(D)(iii)
of
such
Act
(42
U.S.C.
1395ww(d)(5)(D)(iii))).
(D) A Medicare-dependent, small rural hospital (as
defined in section 1886(d)(5)(G)(iv) of such Act (42 U.S.C.
1395ww(d)(5)(G)(iv))).
(E) A low-volume hospital (as defined in section
1886(d)(12)(C) of such Act (42 U.S.C. 1395ww(d)(12)(C))).
(F) A rural emergency hospital (as defined in section
1861(kkk)(2) of such Act (42 U.S.C. 1395x(kkk)(2))).
(3) STATE.—The term ‘‘State’’ means 1 of the 50 States
or the District of Columbia.
(4) TOTAL PUBLISHED MEDICARE PAYMENT RATE.—The term
‘‘total published Medicare payment rate’’ has the meaning given
to such term in section 438.6(a) of title 42, Code of Federal
Regulations (or a successor regulation).
(5) WRITTEN
PRIOR
APPROVAL.—The term ‘‘written prior
approval’’ has the meaning given to such term in section
438.6(c)(2)(i) of title 42, Code of Federal Regulations (or a
successor regulation).
(e) FUNDING.—There are appropriated out of any monies in
the Treasury not otherwise appropriated $7,000,000 for each of
fiscal years 2026 through 2033 for purposes of carrying out this
section, to remain available until expended.
SEC. 71117. REQUIREMENTS REGARDING WAIVER OF UNIFORM TAX
REQUIREMENT FOR MEDICAID PROVIDER TAX.
(a) IN GENERAL.—Section 1903(w) of the Social Security Act
(42 U.S.C. 1396b(w)) is amended—
(1) in paragraph (3)(E), by inserting after clause (ii)(II)
the following new clause:
‘‘(iii) For purposes of clause (ii)(I), a tax is not considered
to be generally redistributive if any of the following conditions
apply:
‘‘(I) Within a permissible class, the tax rate imposed on
any taxpayer or tax rate group (as defined in paragraph (7)(J))
explicitly defined by its relatively lower volume or percentage
of Medicaid taxable units (as defined in paragraph (7)(H)) is
lower than the tax rate imposed on any other taxpayer or
tax rate group explicitly defined by its relatively higher volume
or percentage of Medicaid taxable units.
H. R. 1—234
‘‘(II) Within a permissible class, the tax rate imposed on
any taxpayer or tax rate group (as so defined) based upon
its Medicaid taxable units (as so defined) is higher than the
tax rate imposed on any taxpayer or tax rate group based
upon its non-Medicaid taxable unit (as defined in paragraph
(7)(I)).
‘‘(III) The tax excludes or imposes a lower tax rate on
a taxpayer or tax rate group (as so defined) based on or defined
by any description that results in the same effect as described
in subclause (I) or (II) for a taxpayer or tax rate group.
Characteristics that may indicate such type of exclusion include
the use of terminology to establish a tax rate group—
‘‘(aa) based on payments or expenditures made under
the program under this title without mentioning the term
‘Medicaid’ (or any similar term) to accomplish the same
effect as described in subclause (I) or (II); or
‘‘(bb) that closely approximates a taxpayer or tax rate
group under the program under this title, to the same
effect as described in subclause (I) or (II).’’; and
(2) in paragraph (7), by adding at the end the following
new subparagraphs:
‘‘(H) The term ‘Medicaid taxable unit’ means a unit that
is being taxed within a health care related tax that is applicable
to the program under this title. Such term includes a unit
that is used as the basis for—
‘‘(i) payment under the program under this title (such
as Medicaid bed days);
‘‘(ii) Medicaid revenue;
‘‘(iii) costs associated with the program under this title
(such as Medicaid charges, claims, or expenditures); and
‘‘(iv) other units associated with the program under
this title, as determined by the Secretary.
‘‘(I) The term ‘non-Medicaid taxable unit’ means a unit
that is being taxed within a health care related tax that is
not applicable to the program under this title. Such term
includes a unit that is used as the basis for—
‘‘(i) payment by non-Medicaid payers (such as non-
Medicaid bed days);
‘‘(ii) non-Medicaid revenue;
‘‘(iii) costs that are not associated with the program
under this title (such as non-Medicaid charges, non-Med-
icaid claims, or non-Medicaid expenditures); and
‘‘(iv) other units not associated with the program under
this title, as determined by the Secretary.
‘‘(J) The term ‘tax rate group’ means a group of entities
contained within a permissible class of a health care related
tax that are taxed at the same rate.’’.
(b) NON-APPLICATION TO TERRITORIES.—The amendments made
by this section shall only apply with respect to a State that is
1 of the 50 States or the District of Columbia.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect upon the date of enactment of this Act, subject
to any applicable transition period determined appropriate by the
Secretary of Health and Human Services, not to exceed 3 fiscal
years.
H. R. 1—235
SEC. 71118. REQUIRING BUDGET NEUTRALITY FOR MEDICAID DEM-
ONSTRATION PROJECTS UNDER SECTION 1115.
(a) IN GENERAL.—Section 1115 of the Social Security Act (42
U.S.C. 1315) is amended by adding at the end the following new
subsection:
‘‘(g) REQUIREMENT OF BUDGET NEUTRALITY FOR MEDICAID DEM-
ONSTRATION PROJECTS.—
‘‘(1) IN GENERAL.—Beginning January 1 2027, the Secretary
may not approve an application for (or renewal or amendment
of) an experimental, pilot, or demonstration project undertaken
under subsection (a) to promote the objectives of title XIX
in a State (in this subsection referred to as a ‘Medicaid dem-
onstration project’) unless the Chief Actuary for the Centers
for Medicare & Medicaid Services certifies that such project,
or, in the case of a renewal, the duration of the preceding
waiver, is not expected to result in an increase in the amount
of Federal expenditures compared to the amount that such
expenditures would otherwise be in the absence of such project.
For purposes of this subsection, expenditures for the coverage
of populations and services that the State could have otherwise
provided through its Medicaid State plan or other authority
under title XIX, including expenditures that could be made
under such authority but for the provision of such services
at a different site of service than authorized under such State
plan or other authority, shall be considered expenditures in
the absence of such a project.
‘‘(2) TREATMENT OF SAVINGS.—In the event that expendi-
tures with respect to a State under a Medicaid demonstration
project are, during an approval period for such project, less
than the amount of such expenditures that would have other-
wise been made in the absence of such project, the Secretary
shall specify the methodology to be used with respect to the
subsequent approval period for such project for purposes of
taking the difference between such expenditures into account.’’.
(b) IMPLEMENTATION FUNDING.—For the purposes of carrying
out the provisions of, and the amendments made by, this section,
there are appropriated, out of any monies in the Treasury not
otherwise appropriated, to the Administrator of the Centers for
Medicare & Medicaid Services, $5,000,000 for each of fiscal years
2026 and 2027, to remain available until expended.
Subchapter D—Increasing Personal Accountability
SEC. 71119. REQUIREMENT FOR STATES TO ESTABLISH MEDICAID
COMMUNITY ENGAGEMENT REQUIREMENTS FOR CER-
TAIN INDIVIDUALS.
(a) IN GENERAL.—Section 1902 of the Social Security Act (42
U.S.C. 1396a), as amended by sections 71103 and 71104, is further
amended by adding at the end the following new subsection:
‘‘(xx) COMMUNITY ENGAGEMENT REQUIREMENT FOR APPLICABLE
INDIVIDUALS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (11),
beginning not later than the first day of the first quarter
that begins after December 31, 2026, or, at the option of the
State under a waiver or demonstration project under section
1115 or the State plan, such earlier date as the State may
specify, subject to the succeeding provisions of this subsection,
H. R. 1—236
a State shall provide, as a condition of eligibility for medical
assistance for an applicable individual, that such individual
is required to demonstrate community engagement under para-
graph (2)—
‘‘(A) in the case of an applicable individual who has
filed an application for medical assistance under a State
plan (or a waiver of such plan) under this title, for 1
or more but not more than 3 (as specified by the State)
consecutive months immediately preceding the month
during which such individual applies for such medical
assistance; and
‘‘(B) in the case of an applicable individual enrolled
and receiving medical assistance under a State plan (or
under a waiver of such plan) under this title, for 1 or
more (as specified by the State) months, whether or not
consecutive—
‘‘(i) during the period between such individual’s
most recent determination (or redetermination, as
applicable) of eligibility and such individual’s next
regularly scheduled redetermination of eligibility (as
verified by the State as part of such regularly sched-
uled redetermination of eligibility); or
‘‘(ii) in the case of a State that has elected under
paragraph (4) to conduct more frequent verifications
of compliance with the requirement to demonstrate
community engagement, during the period between the
most recent and next such verification with respect
to such individual.
‘‘(2) COMMUNITY ENGAGEMENT COMPLIANCE DESCRIBED.—
Subject to paragraph (3), an applicable individual demonstrates
community engagement under this paragraph for a month if
such individual meets 1 or more of the following conditions
with respect to such month, as determined in accordance with
criteria established by the Secretary through regulation:
‘‘(A) The individual works not less than 80 hours.
‘‘(B) The individual completes not less than 80 hours
of community service.
‘‘(C) The individual participates in a work program
for not less than 80 hours.
‘‘(D) The individual is enrolled in an educational pro-
gram at least half-time.
‘‘(E) The individual engages in any combination of the
activities described in subparagraphs (A) through (D), for
a total of not less than 80 hours.
‘‘(F) The individual has a monthly income that is not
less than the applicable minimum wage requirement under
section 6 of the Fair Labor Standards Act of 1938, multi-
plied by 80 hours.
‘‘(G) The individual had an average monthly income
over the preceding 6 months that is not less than the
applicable minimum wage requirement under section 6
of the Fair Labor Standards Act of 1938 multiplied by
80 hours, and is a seasonal worker, as described in section
45R(d)(5)(B) of the Internal Revenue Code of 1986 .
‘‘(3) EXCEPTIONS.—
‘‘(A) MANDATORY
EXCEPTION
FOR
CERTAIN
INDIVID-
UALS.—The State shall deem an applicable individual to
H. R. 1—237
have demonstrated community engagement under para-
graph (2) for a month, and may elect to not require an
individual to verify information resulting in such deeming,
if—
‘‘(i) for part or all of such month, the individual—
‘‘(I) was a specified excluded individual (as
defined in paragraph (9)(A)(ii)); or
‘‘(II) was—
‘‘(aa) under the age of 19;
‘‘(bb) entitled to, or enrolled for, benefits
under part A of title XVIII, or enrolled for
benefits under part B of title XVIII; or
‘‘(cc) described in any of subclauses (I)
through (VII) of subsection (a)(10)(A)(i); or
‘‘(ii) at any point during the 3-month period ending
on the first day of such month, the individual was
an inmate of a public institution.
‘‘(B) OPTIONAL EXCEPTION FOR SHORT-TERM HARDSHIP
EVENTS.—
‘‘(i) IN
GENERAL.—The State plan (or waiver of
such plan) may provide, in the case of an applicable
individual who experiences a short-term hardship
event during a month, that the State shall, under
procedures established by the State (in accordance with
standards specified by the Secretary), in the case of
a short-term hardship event described in clause (ii)(II)
and, upon the request of such individual, a short-
term hardship event described in subclause (I) or (III)
of clause (ii), deem such individual to have dem-
onstrated community engagement under paragraph (2)
for such month.
‘‘(ii) SHORT-TERM HARDSHIP EVENT DEFINED.—For
purposes of this subparagraph, an applicable individual
experiences a short-term hardship event during a
month if, for part or all of such month—
‘‘(I) such individual receives inpatient hospital
services, nursing facility services, services in an
intermediate care facility for individuals with
intellectual disabilities, inpatient psychiatric hos-
pital services, or such other services of similar
acuity (including outpatient care relating to other
services specified in this subclause) as the Sec-
retary determines appropriate;
‘‘(II) such individual resides in a county (or
equivalent unit of local government)—
‘‘(aa) in which there exists an emergency
or disaster declared by the President pursuant
to the National Emergencies Act or the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act; or
‘‘(bb) that, subject to a request from the
State to the Secretary, made in such form,
at such time, and containing such information
as the Secretary may require, has an
unemployment rate that is at or above the
lesser of—
‘‘(AA) 8 percent; or
H. R. 1—238
‘‘(BB)
1.5
times
the
national
unemployment rate; or
‘‘(III) such individual or their dependent must
travel outside of their community for an extended
period of time to receive medical services necessary
to treat a serious or complex medical condition
(as described in paragraph (9)(A)(ii)(V)(ee)) that
are not available within their community of resi-
dence.
‘‘(4) OPTION
TO
CONDUCT
MORE
FREQUENT
COMPLIANCE
VERIFICATIONS.—With respect to an applicable individual
enrolled and receiving medical assistance under a State plan
(or a waiver of such plan) under this title, the State shall
verify (in accordance with procedures specified by the Secretary)
that each such individual has met the requirement to dem-
onstrate community engagement under paragraph (1) during
each such individual’s regularly scheduled redetermination of
eligibility, except that a State may provide for such verifications
more frequently.
‘‘(5) EX PARTE VERIFICATIONS.—For purposes of verifying
that an applicable individual has met the requirement to dem-
onstrate community engagement under paragraph (1), or deter-
mining such individual to be deemed to have demonstrated
community engagement under paragraph (3), or that an indi-
vidual is a specified excluded individual under paragraph
(9)(A)(ii), the State shall, in accordance with standards estab-
lished by the Secretary, establish processes and use reliable
information available to the State (such as payroll data or
payments or encounter data under this title for individuals
and data on payments to such individuals for the provision
of services covered under this title) without requiring, where
possible, the applicable individual to submit additional informa-
tion.
‘‘(6) PROCEDURE IN THE CASE OF NONCOMPLIANCE.—
‘‘(A) IN GENERAL.—If a State is unable to verify that
an applicable individual has met the requirement to dem-
onstrate community engagement under paragraph (1)
(including, if applicable, by verifying that such individual
was deemed to have demonstrated community engagement
under paragraph (3)) the State shall (in accordance with
standards specified by the Secretary)—
‘‘(i) provide such individual with the notice of non-
compliance described in subparagraph (B);
‘‘(ii)(I) provide such individual with a period of
30 calendar days, beginning on the date on which
such notice of noncompliance is received by the indi-
vidual, to—
‘‘(aa) make a satisfactory showing to the State
of compliance with such requirement (including,
if applicable, by showing that such individual was
or should be deemed to have demonstrated commu-
nity engagement under paragraph (3)); or
‘‘(bb) make a satisfactory showing to the State
that such requirement does not apply to such indi-
vidual on the basis that such individual does not
meet the definition of applicable individual under
paragraph (9)(A); and
H. R. 1—239
‘‘(II) if such individual is enrolled under the State
plan (or a waiver of such plan) under this title, continue
to provide such individual with medical assistance
during such 30-calendar-day period; and
‘‘(iii) if no such satisfactory showing is made and
the individual is not a specified excluded individual
described in paragraph (9)(A)(ii), deny such individual’s
application for medical assistance under the State plan
(or waiver of such plan) or, as applicable, disenroll
such individual from the plan (or waiver of such plan)
not later than the end of the month following the
month in which such 30-calendar-day period ends, pro-
vided that—
‘‘(I) the State first determines whether, with
respect to the individual, there is any other basis
for eligibility for medical assistance under the
State plan (or waiver of such plan) or for another
insurance affordability program; and
‘‘(II) the individual is provided written notice
and granted an opportunity for a fair hearing in
accordance with subsection (a)(3).
‘‘(B) NOTICE.—The notice of noncompliance provided
to an applicable individual under subparagraph (A)(i) shall
include information (in accordance with standards specified
by the Secretary) on—
‘‘(i) how such individual may make a satisfactory
showing of compliance with such requirement (as
described in subparagraph (A)(ii)) or make a satisfac-
tory showing that such requirement does not apply
to such individual on the basis that such individual
does not meet the definition of applicable individual
under paragraph (9)(A); and
‘‘(ii) how such individual may reapply for medical
assistance under the State plan (or a waiver of such
plan) under this title in the case that such individuals’
application is denied or, as applicable, in the case
that such individual is disenrolled from the plan (or
waiver).
‘‘(7) TREATMENT OF NONCOMPLIANT INDIVIDUALS IN RELA-
TION TO CERTAIN OTHER PROVISIONS.—
‘‘(A) CERTAIN FMAP INCREASES.—A State shall not be
treated as not providing medical assistance to all individ-
uals described in section 1902(a)(10)(A)(i)(VIII), or as not
expending amounts for all such individuals under the State
plan (or waiver of such plan), solely because such an indi-
vidual is determined ineligible for medical assistance under
the State plan (or waiver) on the basis of a failure to
meet the requirement to demonstrate community engage-
ment under paragraph (1).
‘‘(B) OTHER
PROVISIONS.—For purposes of section
36B(c)(2)(B) of the Internal Revenue Code of 1986, an indi-
vidual shall be deemed to be eligible for minimum essential
coverage described in section 5000A(f)(1)(A)(ii) of such Code
for a month if such individual would have been eligible
for medical assistance under a State plan (or a waiver
of such plan) under this title but for a failure to meet
H. R. 1—240
the requirement to demonstrate community engagement
under paragraph (1).
‘‘(8) OUTREACH.—
‘‘(A) IN GENERAL.—In accordance with standards speci-
fied by the Secretary, beginning not later than the date
that precedes December 31, 2026 (or, if the State elects
under paragraph (1) to specify an earlier date, such earlier
date) by the number of months specified by the State
under paragraph (1)(A) plus 3 months, and periodically
thereafter, the State shall notify applicable individuals
enrolled under a State plan (or waiver) under this title
of the requirement to demonstrate community engagement
under this subsection. Such notice shall include information
on—
‘‘(i) how to comply with such requirement,
including an explanation of the exceptions to such
requirement under paragraph (3) and the definition
of the term ‘applicable individual’ under paragraph
(9)(A);
‘‘(ii) the consequences of noncompliance with such
requirement; and
‘‘(iii) how to report to the State any change in
the individual’s status that could result in—
‘‘(I) the applicability of an exception under
paragraph (3) (or the end of the applicability of
such an exception); or
‘‘(II) the individual qualifying as a specified
excluded individual under paragraph (9)(A)(ii).
‘‘(B) FORM OF OUTREACH NOTICE.—A notice required
under subparagraph (A) shall be delivered—
‘‘(i) by regular mail (or, if elected by the individual,
in an electronic format); and
‘‘(ii) in 1 or more additional forms, which may
include telephone, text message, an internet website,
other commonly available electronic means, and such
other forms as the Secretary determines appropriate.
‘‘(9) DEFINITIONS.—In this subsection:
‘‘(A) APPLICABLE INDIVIDUAL.—
‘‘(i) IN GENERAL.—The term ‘applicable individual’
means an individual (other than a specified excluded
individual (as defined in clause (ii)))—
‘‘(I) who is eligible to enroll (or is enrolled)
under
the
State
plan
under
subsection
(a)(10)(A)(i)(VIII); or
‘‘(II) who—
‘‘(aa) is otherwise eligible to enroll (or is
enrolled) under a waiver of such plan that
provides coverage that is equivalent to min-
imum essential coverage (as described in sec-
tion 5000A(f)(1)(A) of the Internal Revenue
Code of 1986 and as determined in accordance
with standards prescribed by the Secretary
in regulations); and
‘‘(bb) has attained the age of 19 and is
under 65 years of age, is not pregnant, is
not entitled to, or enrolled for, benefits under
part A of title XVIII, or enrolled for benefits
H. R. 1—241
under part B of title XVIII, and is not other-
wise eligible to enroll under such plan.
‘‘(ii) SPECIFIED
EXCLUDED
INDIVIDUAL.—For pur-
poses of clause (i), the term ‘specified excluded indi-
vidual’ means an individual, as determined by the
State (in accordance with standards specified by the
Secretary)—
‘‘(I)
who
is
described
in
subsection
(a)(10)(A)(i)(IX);
‘‘(II) who—
‘‘(aa) is an Indian or an Urban Indian
(as such terms are defined in paragraphs (13)
and (28) of section 4 of the Indian Health
Care Improvement Act);
‘‘(bb) is a California Indian described in
section 809(a) of such Act; or
‘‘(cc) has otherwise been determined
eligible as an Indian for the Indian Health
Service under regulations promulgated by the
Secretary;
‘‘(III) who is the parent, guardian, caretaker
relative, or family caregiver (as defined in section
2 of the RAISE Family Caregivers Act) of a
dependent child 13 years of age and under or
a disabled individual;
‘‘(IV) who is a veteran with a disability rated
as total under section 1155 of title 38, United
States Code;
‘‘(V) who is medically frail or otherwise has
special medical needs (as defined by the Secretary),
including an individual—
‘‘(aa) who is blind or disabled (as defined
in section 1614);
‘‘(bb) with a substance use disorder;
‘‘(cc) with a disabling mental disorder;
‘‘(dd) with a physical, intellectual or
developmental disability that significantly
impairs their ability to perform 1 or more
activities of daily living; or
‘‘(ee) with a serious or complex medical
condition;
‘‘(VI) who—
‘‘(aa) is in compliance with any require-
ments imposed by the State pursuant to sec-
tion 407; or
‘‘(bb) is a member of a household that
receives supplemental nutrition assistance
program benefits under the Food and Nutri-
tion Act of 2008 and is not exempt from a
work requirement under such Act;
‘‘(VII) who is participating in a drug addiction
or alcoholic treatment and rehabilitation program
(as defined in section 3(h) of the Food and Nutri-
tion Act of 2008);
‘‘(VIII) who is an inmate of a public institution;
or
H. R. 1—242
‘‘(IX)
who
is
pregnant
or
entitled
to
postpartum medical assistance under paragraph
(5) or (16) of subsection (e).
‘‘(B) EDUCATIONAL PROGRAM.—The term ‘educational
program’ includes—
‘‘(i) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965);
and
‘‘(ii) a program of career and technical education
(as defined in section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006).
‘‘(C) STATE.—The term ‘State’ means 1 of the 50 States
or the District of Columbia.
‘‘(D) WORK PROGRAM.—The term ‘work program’ has
the meaning given such term in section 6(o)(1) of the Food
and Nutrition Act of 2008.
‘‘(10) PROHIBITING
WAIVER
OF
COMMUNITY
ENGAGEMENT
REQUIREMENTS.—Notwithstanding section 1115(a), the provi-
sions of this subsection may not be waived.
‘‘(11) SPECIAL IMPLEMENTATION RULE.—
‘‘(A) IN GENERAL.—Subject to subparagraph (C), the
Secretary may exempt a State from compliance with the
requirements of this subsection if—
‘‘(i) the State submits to the Secretary a request
for such exemption, made in such form and at such
time as the Secretary may require, and including the
information specified in subparagraph (B); and
‘‘(ii) the Secretary determines that based on such
request, the State is demonstrating a good faith effort
to comply with the requirements of this subsection.
‘‘(B) GOOD FAITH EFFORT DETERMINATION.—In deter-
mining whether a State is demonstrating a good faith
effort for purposes of subparagraph (A)(ii), the Secretary
shall consider—
‘‘(i) any actions taken by the State toward compli-
ance with the requirements of this subsection;
‘‘(ii) any significant barriers to or challenges in
meeting such requirements, including related to
funding, design, development, procurement, or installa-
tion of necessary systems or resources;
‘‘(iii) the State’s detailed plan and timeline for
achieving full compliance with such requirements,
including any milestones of such plan (as defined by
the Secretary); and
‘‘(iv) any other criteria determined appropriate by
the Secretary.
‘‘(C) DURATION OF EXEMPTION.—
‘‘(i) IN
GENERAL.—An exemption granted under
subparagraph (A) shall expire not later than December
31, 2028, and may not be renewed beyond such date.
‘‘(ii) EARLY
TERMINATION.—The Secretary may
terminate an exemption granted under subparagraph
(A) prior to the expiration date of such exemption
if the Secretary determined that the State has—
‘‘(I) failed to comply with the reporting require-
ments described in subparagraph (D); or
H. R. 1—243
‘‘(II) based on the information provided pursu-
ant to subparagraph (D), failed to make continued
good faith efforts toward compliance with the
requirements of this subsection.
‘‘(D) REPORTING REQUIREMENTS.—A State granted an
exemption under subparagraph (A) shall submit to the
Secretary—
‘‘(i) quarterly progress reports on the State’s status
in achieving the milestones toward full compliance
described in subparagraph (B)(iii); and
‘‘(ii) information on specific risks or newly identi-
fied barriers or challenges to full compliance, including
the State’s plan to mitigate such risks, barriers, or
challenges.’’.
(b) CONFORMING AMENDMENT.—Section 1902(a)(10)(A)(i)(VIII)
of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)(VIII)) is
amended by striking ‘‘subject to subsection (k)’’ and inserting ‘‘sub-
ject to subsections (k) and (xx)’’.
(c) PROHIBITING CONFLICTS OF INTEREST.—A State shall not
use a Medicaid managed care entity or other specified entity (as
such terms are defined in section 1903(m)(9)(D)), or other contractor
to determine beneficiary compliance under such section unless the
contractor has no direct or indirect financial relationship with any
Medicaid managed care entity or other specified entity that is
responsible for providing or arranging for coverage of medical assist-
ance for individuals enrolled with the entity pursuant to a contract
with such State.
(d) INTERIM FINAL RULEMAKING.—Not later than June 1, 2026,
the Secretary of Health and Human Services shall promulgate
an interim final rule for purposes of implementing the provisions
of, and the amendments made by, this section. Any action taken
to implement the provisions of, and the amendments made by,
this section shall not be subject to the provisions of section 553
of title 5, United States Code.
(e) DEVELOPMENT
OF GOVERNMENT EFFICIENCY GRANTS
TO
STATES.—
(1) IN GENERAL.—In order for States to establish systems
necessary to carry out the provisions of, and amendments made
by, this section or other sections of this chapter that pertain
to conducting eligibility determinations or redeterminations,
the Secretary of Health and Human Services shall—
(A) out of amounts appropriated under paragraph
(3)(A), award to each State a grant equal to the amount
specified in paragraph (2) for such State; and
(B) out of amounts appropriated under paragraph
(3)(B), distribute an equal amount among such States.
(2) AMOUNT SPECIFIED.—For purposes of paragraph (1)(A),
the amount specified in this paragraph is an amount that
bears the same ratio to the amount appropriated under para-
graph (3)(A) as the number of applicable individuals (as defined
in section 1902(xx) of the Social Security Act, as added by
subsection (a)) residing in such State bears to the total number
of such individuals residing in all States, as of March 31,
2025.
(3) FUNDING.—There are appropriated, out of any monies
in the Treasury not otherwise appropriated—
H. R. 1—244
(A) $100,000,000 for fiscal year 2026 for purposes of
awarding grants under paragraph (1)(A), to remain avail-
able until expended; and
(B) $100,000,000 for fiscal year 2026 for purposes of
award grants under paragraph (1)(B), to remain available
until expended.
(4) DEFINITION.—In this subsection, the term ‘‘State’’ means
1 of the 50 States and the District of Columbia.
(f) IMPLEMENTATION FUNDING.—For the purposes of carrying
out the provisions of, and the amendments made by, this section,
there are appropriated, out of any monies in the Treasury not
otherwise appropriated, to the Administrator of the Centers for
Medicare & Medicaid Services, $200,000,000 for fiscal year 2026,
to remain available until expended.
SEC. 71120. MODIFYING COST SHARING REQUIREMENTS FOR CERTAIN
EXPANSION INDIVIDUALS UNDER THE MEDICAID PRO-
GRAM.
(a) IN GENERAL.—Section 1916 of the Social Security Act (42
U.S.C. 1396o) is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ‘‘(other than, beginning October 1, 2028, speci-
fied individuals (as defined in subsection (k)(3)))’’ after ‘‘individ-
uals’’; and
(2) by adding at the end the following new subsection:
‘‘(k) SPECIAL RULES FOR CERTAIN EXPANSION INDIVIDUALS.—
‘‘(1) PREMIUMS.—Beginning October 1, 2028, the State plan
shall provide that in the case of a specified individual (as
defined in paragraph (3)) who is eligible under the plan, no
enrollment fee, premium, or similar charge will be imposed
under the plan.
‘‘(2) REQUIRED IMPOSITION OF COST SHARING.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B) and
subsection (j), in the case of a specified individual, the
State plan shall, beginning October 1, 2028, provide for
the imposition of such deductions, cost sharing, or similar
charges determined appropriate by the State (in an amount
greater than $0) with respect to certain care, items, or
services furnished to such an individual, as determined
by the State.
‘‘(B) LIMITATIONS.—
‘‘(i) EXCLUSION OF CERTAIN SERVICES.—In no case
may a deduction, cost sharing, or similar charge be
imposed under the State plan with respect to care,
items, or services described in any of subparagraphs
(B) through (J) of subsection (a)(2), or any primary
care services, mental health care services, substance
use disorder services, or services provided by a Feder-
ally qualified health center (as defined in 1905(l)(2)),
certified community behavioral health clinic (as defined
in section 1905(jj)(2)), or rural health clinic (as defined
in 1905(l)(1)), furnished to a specified individual.
‘‘(ii) ITEM AND SERVICE LIMITATION.—
‘‘(I) IN GENERAL.—Except as provided in sub-
clause (II), in no case may a deduction, cost
sharing, or similar charge imposed under the State
H. R. 1—245
plan with respect to care or an item or service
furnished to a specified individual exceed $35.
‘‘(II)
SPECIAL
RULES
FOR
PRESCRIPTION
DRUGS.—In no case may a deduction, cost sharing,
or similar charge imposed under the State plan
with respect to a prescription drug furnished to
a specified individual exceed the limit that would
be applicable under paragraph (2)(A)(i) or (2)(B)
of section 1916A(c) with respect to such drug and
individual if such drug so furnished were subject
to cost sharing under such section.
‘‘(iii) MAXIMUM LIMIT ON COST SHARING.—The total
aggregate amount of deductions, cost sharing, or
similar charges imposed under the State plan for all
individuals in the family may not exceed 5 percent
of the family income of the family involved, as applied
on a quarterly or monthly basis (as specified by the
State).
‘‘(C) CASES
OF
NONPAYMENT.—Notwithstanding sub-
section (e), a State may permit a provider participating
under the State plan to require, as a condition for the
provision of care, items, or services to a specified individual
entitled to medical assistance under this title for such
care, items, or services, the payment of any deductions,
cost sharing, or similar charges authorized to be imposed
with respect to such care, items, or services. Nothing in
this subparagraph shall be construed as preventing a pro-
vider from reducing or waiving the application of such
deductions, cost sharing, or similar charges on a case-
by-case basis.
‘‘(3) SPECIFIED INDIVIDUAL DEFINED.—For purposes of this
subsection, the term ‘specified individual’ means an individual
who has a family income (as determined in accordance with
section 1902(e)(14)) that exceeds the poverty line (as defined
in section 2110(c)(5)) applicable to a family of the size involved
and—
‘‘(A) is enrolled under section 1902(a)(10)(A)(i)(VIII);
or
‘‘(B) is described in such subsection and otherwise
enrolled under a waiver of the State plan that provides
coverage that is equivalent to minimum essential coverage
(as described in section 5000A(f)(1)(A) of the Internal Rev-
enue Code of 1986 and determined in accordance with
standards prescribed by the Secretary in regulations) to
all individuals described in section 1902(a)(10)(A)(i)(VIII).
‘‘(4) STATE DEFINED.—For purposes of this subsection, the
term ‘State’ means 1 of the 50 States or the District of
Columbia.’’.
(b) CONFORMING AMENDMENTS.—
(1) REQUIRED
APPLICATION.—Section 1902(a)(14) of the
Social Security Act (42 U.S.C. 1396a(a)(14)) is amended by
inserting ‘‘and provide for imposition of such deductions, cost
sharing, or similar charges for care, items, or services furnished
to specified individuals (as defined in paragraph (3) of section
1916(k)) in accordance with paragraph (2) of such section’’
after ‘‘section 1916’’.
H. R. 1—246
(2) NONAPPLICABILITY OF ALTERNATIVE COST SHARING.—Sec-
tion 1916A(a)(1) of the Social Security Act (42 U.S.C. 1396o–
1(a)(1)) is amended, in the second sentence, by striking ‘‘or
(j)’’ and inserting ‘‘(j), or (k)’’.
(c) IMPLEMENTATION FUNDING.—For the purposes of carrying
out the provisions of, and the amendments made by, this section,
there are appropriated, out of any monies in the Treasury not
otherwise appropriated, to the Administrator of the Centers for
Medicare & Medicaid Services, $15,000,000 for fiscal year 2026,
to remain available until expended.
Subchapter E—Expanding Access to Care
SEC. 71121. MAKING CERTAIN ADJUSTMENTS TO COVERAGE OF HOME
OR COMMUNITY-BASED SERVICES UNDER MEDICAID.
(a) EXPANDING
HCBS COVERAGE
UNDER
SECTION
1915(C)
WAIVERS.—Section 1915(c) of the Social Security Act (42 U.S.C.
1396n(c)) is amended—
(1) in paragraph (3), by inserting ‘‘paragraph (11) or’’ before
‘‘subsection (h)(2)’’; and
(2) by adding at the end the following new paragraph:
‘‘(11) EXPANDING COVERAGE FOR HOME OR COMMUNITY-BASED
SERVICES.—
‘‘(A) IN GENERAL.—Beginning July 1, 2028, notwithstanding
paragraph (1), the Secretary may approve a waiver that is
standalone from any other waiver approved under this sub-
section to include as medical assistance under the State plan
of such State payment for part or all of the cost of home
or community-based services (other than room and board (as
described in paragraph (1))) approved by the Secretary which
are provided pursuant to a written plan of care to individuals
described in subparagraph (B)(iii). A waiver approved under
this paragraph shall be for an initial term of 3 years and,
upon the request of the State, shall be extended for additional
5-year periods unless the Secretary determines that for the
previous waiver period the requirements specified under this
subsection (excluding those excepted under subparagraph (B))
have not been met.
‘‘(B) STATE
REQUIREMENTS.—In addition to the require-
ments specified under this subsection (except for the require-
ments described in subparagraphs (C) and (D) of paragraph
(2) and any other requirement specified under this subsection
that the Secretary determines to be inapplicable in the context
of a waiver that does not require individuals to have a deter-
mination described in paragraph (1)), a State shall meet the
following requirements as a condition of waiver approval:
‘‘(i) As of the date that such State requests a waiver
under this subsection to provide home or community-based
services to individuals described in clause (iii), all other
waivers (if any) granted under this subsection to such
State meet the requirements of this subsection.
‘‘(ii) The State demonstrates to the Secretary that
approval of a waiver under this subsection with respect
to individuals described in clause (iii) will not result in
a material increase of the average amount of time that
individuals with respect to whom a determination described
in paragraph (1) has been made will need to wait to receive
H. R. 1—247
home or community-based services under any other waiver
granted under this subsection, as determined by the Sec-
retary.
‘‘(iii) The State establishes needs-based criteria, subject
to the approval of the Secretary, regarding who will be
eligible for home or community-based services under a
waiver approved under this paragraph without requiring
such individuals to have a determination described in para-
graph (1), and specifies the home or community-based serv-
ices such individuals so eligible will receive.
‘‘(iv) The State establishes needs-based criteria for
determining whether an individual described in clause (iii)
requires the level of care provided in a hospital, nursing
facility, or an intermediate care facility for individuals
with developmental disabilities under the State plan or
under any waiver of such plan that are more stringent
than the needs-based criteria established under clause (iii)
for determining eligibility for home or community-based
services.
‘‘(v) The State attests that the State’s average per
capita expenditure for medical assistance under the State
plan (or waiver of such plan) provided with respect to
such individuals enrolled in a waiver under this paragraph
will not exceed the State’s average per capita expenditure
for medical assistance for individuals receiving institutional
care under the State plan (or waiver of such plan) for
the duration that the waiver under this paragraph is in
effect.
‘‘(vi) The State provides to the Secretary data (in such
form and manner as the Secretary may specify) regarding
the number of individuals described in clause (iii) with
respect to a State seeking approval of a waiver under
this subsection, to whom the State will make such services
available under such waiver.
‘‘(vii) The State agrees to provide to the Secretary,
not less frequently than annually, data for purposes of
paragraph (2)(E) (in such form and manner as the Secretary
may specify) regarding, with respect to each preceding year
in which a waiver under this subsection to provide home
or community-based services to individuals described in
clause (iii) was in effect—
‘‘(I) the cost (as such term is defined by the Sec-
retary) of such services furnished to individuals
described in clause (iii), broken down by type of service;
‘‘(II) with respect to each type of home or commu-
nity-based service provided under the waiver, the
length of time that such individuals have received such
service;
‘‘(III) a comparison between the data described
in subclause (I) and any comparable data available
with respect to individuals with respect to whom a
determination described in paragraph (1) has been
made and with respect to individuals receiving institu-
tional care under this title; and
‘‘(IV) the number of individuals who have received
home or community-based services under the waiver
during the preceding year.
H. R. 1—248
‘‘(C) LIMITATION
ON
PAYMENTS.—No payments made to
carry out this paragraph shall be used by a State to make
payments to a third party on behalf of an individual practitioner
for benefits such as health insurance, skills training, and other
benefits customary for employees, in the case of a class of
practitioners for which the program established under this
title is the primary source of revenue.’’.
(b) IMPLEMENTATION FUNDING.—
(1) IN GENERAL.—There are appropriated, out of any monies
in the Treasury not otherwise appropriated, to the Adminis-
trator of the Centers for Medicare & Medicaid Services—
(A) for fiscal year 2026, $50,000,000 for purposes of
carrying out the provisions of, and the amendments made
by, this section, to remain available until expended; and
(B) for fiscal year 2027, $100,000,000 for purposes of
making payments to States, subject to paragraph (2), to
support State systems to deliver home or community-based
services under section 1915(c) of the Social Security Act
(42 U.S.C. 1396n(c)) (as amended by this section) or under
section 1115 of such Act (42 U.S.C. 1315), to remain avail-
able until expended.
(2) PAYMENTS
BASED
ON
STATE
HCBS
ELIGIBLE
POPU-
LATION.—Payments to States from amounts made available
by paragraph (1)(B) shall be made, with respect to a State,
on the basis of the proportion of the population of the State
that is receiving home or community-based services under
section1915(c) of the Social Security Act (42 U.S.C. 1396n(c))
(as amended by this section) or under section 1115 of such
Act (42 U.S.C. 1315), as compared to all States.
CHAPTER 2—MEDICARE
Subchapter A—Strengthening Eligibility Requirements
SEC. 71201. LIMITING MEDICARE COVERAGE OF CERTAIN INDIVID-
UALS.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
is amended by adding at the end the following new section:
‘‘SEC. 1899C. LIMITING MEDICARE COVERAGE OF CERTAIN INDIVID-
UALS.
‘‘(a) IN GENERAL.—Subject to subsection (b), an individual may
be entitled to, or enrolled for, benefits under this title only if
the individual is—
‘‘(1) a citizen or national of the United States;
‘‘(2) an alien who is lawfully admitted for permanent resi-
dence under the Immigration and Nationality Act;
‘‘(3) an alien who has been granted the status of Cuban
and Haitian entrant, as defined in section 501(e) of the Refugee
Education Assistance Act of 1980 (Public Law 96–422); or
‘‘(4) an individual who lawfully resides in the United States
in accordance with a Compact of Free Association referred
to in section 402(b)(2)(G) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996.
‘‘(b) APPLICATION TO INDIVIDUALS CURRENTLY ENTITLED TO OR
ENROLLED FOR BENEFITS.—
H. R. 1—249
‘‘(1) IN
GENERAL.—In the case of an individual who is
entitled to, or enrolled for, benefits under this title as of the
date of the enactment of this section, subsection (a) shall apply
beginning on the date that is 18 months after such date of
enactment.
‘‘(2) REVIEW BY COMMISSIONER OF SOCIAL SECURITY.—
‘‘(A) IN
GENERAL.—Not later than 1 year after the
date of the enactment of this section, the Commissioner
of Social Security shall complete a review of individuals
entitled to, or enrolled for, benefits under this title as
of such date of enactment for purposes of identifying
individuals not described in any of paragraphs (1) through
(4) of subsection (a).
‘‘(B) NOTICE.—The Commissioner of Social Security
shall notify each individual identified under the review
conducted under subparagraph (A) that such individual’s
entitlement to, or enrollment for, benefits under this title
will be terminated as of the date that is 18 months after
the date of the enactment of this section. Such notification
shall be made as soon as practicable after such identifica-
tion and in a manner designed to ensure such individual’s
comprehension of such notification.’’.
Subchapter B—Improving Services for Seniors
SEC. 71202. TEMPORARY PAYMENT INCREASE UNDER THE MEDICARE
PHYSICIAN FEE SCHEDULE TO ACCOUNT FOR EXCEP-
TIONAL CIRCUMSTANCES.
(a) IN GENERAL.—Section 1848(t) of the Social Security Act
(42 U.S.C. 1395w–4(t)) is amended—
(1) in the subsection heading, by striking ‘‘DURING 2021
THROUGH 2024’’;
(2) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘and 2024’’ and inserting ‘‘2024, and 2026’’;
(B) in subparagraph (D), by striking ‘‘and’’ at the end;
(C) in subparagraph (E), by striking the period at
the end and inserting ‘‘; and’’; and
(D) by adding at the end the following new subpara-
graph:
‘‘(F) such services furnished on or after January 1,
2026, and before January 1, 2027, by 2.5 percent.’’; and
(3) in paragraph (2)(C)—
(A) in the subparagraph heading, by inserting ‘‘AND
2026’’ after ‘‘2024’’; and
(B) by striking ‘‘or 2024’’ each place it appears and
inserting ‘‘2024, or 2026’’.
(b) CONFORMING AMENDMENT.—Section 1848(c)(2)(B)(iv)(V) of
the Social Security Act (42 U.S.C. 1395w–4(c)(2)(B)(iv)(V)) is
amended by striking ‘‘or 2024’’ and inserting ‘‘2024, or 2026’’.
SEC. 71203. EXPANDING AND CLARIFYING THE EXCLUSION FOR
ORPHAN DRUGS UNDER THE DRUG PRICE NEGOTIATION
PROGRAM.
(a) IN GENERAL.—Section 1192(e) of the Social Security Act
(42 U.S.C. 1320f–1(e)) is amended—
H. R. 1—250
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ‘‘and (3)’’ and inserting ‘‘through (4)’’;
(2) in paragraph (3)(A)—
(A) by striking ‘‘only one rare disease or condition’’
and inserting ‘‘one or more rare diseases or conditions’’;
and
(B) by striking ‘‘such disease or condition’’ and inserting
‘‘one or more such rare diseases or conditions (as such
term is defined in section 526(a)(2) of the Federal Food,
Drug, and Cosmetic Act)’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) TREATMENT OF FORMER ORPHAN DRUGS.—In the case
of a drug or biological product that, as of the date of the
approval or licensure of such drug or biological product, is
a drug or biological product described in paragraph (3)(A),
paragraph (1)(A)(ii) or (1)(B)(ii) (as applicable) shall apply as
if the reference to ‘the date of such approval’ or ‘the date
of such licensure’, respectively, were instead a reference to
‘the first day after the date of such approval for which such
drug is not a drug described in paragraph (3)(A)’ or ‘the first
day after the date of such licensure for which such biological
product is not a biological product described in paragraph
(3)(A)’, respectively.’’.
(b) APPLICATION.—The amendments made by subsection (a)
shall apply with respect to initial price applicability years (as
defined in section 1191(b) of the Social Security Act (42 U.S.C.
1320f(b))) beginning on or after January 1, 2028.
CHAPTER 3—HEALTH TAX
Subchapter A—Improving Eligibility Criteria
SEC. 71301. PERMITTING PREMIUM TAX CREDIT ONLY FOR CERTAIN
INDIVIDUALS.
(a) IN GENERAL.—Section 36B(e)(1) is amended by inserting
‘‘or, in the case of aliens who are lawfully present, are not eligible
aliens’’ after ‘‘individuals who are not lawfully present’’.
(b) ELIGIBLE ALIENS.—Section 36B(e)(2) is amended—
(1) by striking ‘‘For purposes of this section, an individual’’
and inserting ‘‘For purposes of this section—
‘‘(A) IN GENERAL.—An individual’’, and
(2) by adding at the end the following new subparagraph:
‘‘(B) ELIGIBLE ALIENS.—An individual who is an alien
and lawfully present shall be treated as an eligible alien
if such individual is, and is reasonably expected to be
for the entire period of enrollment for which the credit
under this section is being claimed—
‘‘(i) an alien who is lawfully admitted for perma-
nent residence under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.),
‘‘(ii) an alien who has been granted the status
of Cuban and Haitian entrant, as defined in section
501(e) of the Refugee Education Assistance Act of 1980
(Public Law 96–422); or
‘‘(iii) an individual who lawfully resides in the
United States in accordance with a Compact of Free
Association referred to in section 402(b)(2)(G) of the
H. R. 1—251
Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1612(b)(2)(G)).’’.
(c) CONFORMING AMENDMENTS.—
(1) VERIFICATION OF INFORMATION.—Section 1411 of the
Patient Protection and Affordable Care Act (42 U.S.C. 18081)
is amended—
(A) in subsection (a)—
(i) in paragraph (1), by striking ‘‘and section 36B(e)
of the Internal Revenue Code of 1986’’; and
(ii) in paragraph (2)—
(I) in subparagraph (A), by striking ‘‘and’’ at
the end;
(II) in subparagraph (B), by adding ‘‘and’’ at
the end; and
(III) by adding at the end the following new
subparagraph:
‘‘(C) in the case such individual is an alien lawfully
present in the United States, whether such individual is
an eligible alien (within the meaning of section 36B(e)(2)
of such Code);’’;
(B) in subsection (b)(3), by adding at the end the fol-
lowing new subparagraph:
‘‘(D) IMMIGRATION STATUS.—In the case the individual’s
eligibility is based on an attestation of the enrollee’s
immigration status, an attestation that such individual
is an eligible alien (within the meaning of 36B(e)(2) of
the Internal Revenue Code of 1986).’’; and
(C) in subsection (c)(2)(B)(ii), by adding at the end
the following new subclause:
‘‘(III) In the case of an individual described
in clause (i)(I) with respect to whom a premium
tax credit under section 36B of the Internal Rev-
enue Code of 1986 is being claimed, the attestation
that the individual is an eligible alien (within the
meaning of section 36B(e)(2) of such Code).’’.
(2) ADVANCE
DETERMINATIONS.—Section 1412(d) of the
Patient Protection and Affordable Care Act (42 U.S.C. 18082(d))
is amended by inserting before the period at the end the fol-
lowing: ‘‘, or credits under section 36B of the Internal Revenue
Code of 1986 for aliens who are not eligible aliens (within
the meaning of section 36B(e)(2) of such Code)’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall apply with respect to plan years beginning on
or after January 1, 2027.
(d) REQUIREMENT
TO MAINTAIN MINIMUM ESSENTIAL COV-
ERAGE.—Section 5000A(d)(3) is amended by striking ‘‘an alien law-
fully present in the United States’’ and inserting ‘‘an eligible alien
(within the meaning of section 36B(e)(2))’’.
(e) EFFECTIVE DATE.—The amendments made by this section
(other than the amendments made by subsection (c)) shall apply
to taxable years beginning after December 31, 2026.
SEC. 71302. DISALLOWING PREMIUM TAX CREDIT DURING PERIODS
OF MEDICAID INELIGIBILITY DUE TO ALIEN STATUS.
(a) IN GENERAL.—Section 36B(c)(1) is amended by striking
subparagraph (B).
H. R. 1—252
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
Subchapter B—Preventing Waste, Fraud, and Abuse
SEC. 71303. REQUIRING VERIFICATION OF ELIGIBILITY FOR PREMIUM
TAX CREDIT.
(a) IN GENERAL.—Section 36B(c) is amended by adding at the
end the following new paragraphs:
‘‘(5) EXCHANGE ENROLLMENT VERIFICATION REQUIREMENT.—
‘‘(A) IN
GENERAL.—The term ‘coverage month’ shall
not include, with respect to any individual covered by a
qualified health plan enrolled in through an Exchange,
any month beginning before the Exchange verifies, using
applicable enrollment information that shall be provided
or verified by the applicant, such individual’s eligibility—
‘‘(i) to enroll in the plan through the Exchange,
and
‘‘(ii) for any advance payment under section 1412
of the Patient Protection and Affordable Care Act of
the credit allowed under this section.
‘‘(B) APPLICABLE ENROLLMENT INFORMATION.—For pur-
poses of subparagraph (A), applicable enrollment informa-
tion shall include affirmation of at least the following
information (to the extent relevant in determining eligi-
bility described in subparagraph (A)):
‘‘(i) Household income and family size.
‘‘(ii) Whether the individual is an eligible alien.
‘‘(iii) Any health coverage status or eligibility for
coverage.
‘‘(iv) Place of residence.
‘‘(v) Such other information as may be determined
by the Secretary (in consultation with the Secretary
of Health and Human Services) as necessary to the
verification prescribed under subparagraph (A).
‘‘(C) VERIFICATION OF PAST MONTHS.—In the case of
a month that begins before verification prescribed by
subparagraph (A), such month shall be treated as a cov-
erage month if the Exchange verifies for such month (using
applicable enrollment information that shall be provided
or verified by the applicant) such individual’s eligibility
to have so enrolled and for any such advance payment.
‘‘(D) EXCHANGE
PARTICIPATION; COORDINATION
WITH
OTHER
PROCEDURES
FOR
DETERMINING
ELIGIBILITY.—An
individual shall not, solely by reason of failing to meet
the requirements of this paragraph with respect to a month,
be treated for such month as ineligible to enroll in a quali-
fied health plan through an Exchange.
‘‘(E) WAIVER
FOR
CERTAIN
SPECIAL
ENROLLMENT
PERIODS.—The Secretary may waive the application of
subparagraph (A) in the case of an individual who enrolls
in a qualified health plan through an Exchange for 1 or
more months of the taxable year during a special enroll-
ment period provided by the Exchange on the basis of
a change in the family size of the individual.
‘‘(F) INFORMATION
AND
RELIANCE
ON
THIRD-PARTY
SOURCES.—An Exchange shall be permitted to use any
H. R. 1—253
data available to the Exchange and any reliable third-
party sources in collecting information for verification by
the applicant.
‘‘(6) EXCHANGE COMPLIANCE WITH FILING REQUIREMENTS.—
The term ‘coverage month’ shall not include, with respect to
any individual covered by a qualified health plan enrolled in
through an Exchange, any month for which the Exchange does
not meet the requirements of section 155.305(f)(4)(iii) of title
45, Code of Federal Regulations (as published in the Federal
Register on June 25, 2025 (90 Fed. Reg. 27074), applied as
though it applied to all plan years after 2025), with respect
to the individual.’’.
(b) PRE-ENROLLMENT VERIFICATION PROCESS REQUIRED.—Sec-
tion 36B(c)(3)(A) is amended—
(1) by striking ‘‘HEALTH PLAN.—The term’’ and inserting
‘‘HEALTH PLAN.— ‘‘
‘‘(i) IN GENERAL.—The term’’, and
(2) by adding at the end the following new clause:
‘‘(ii)
PRE-ENROLLMENT
VERIFICATION
PROCESS
REQUIRED.—Such term shall not include any plan
enrolled in through an Exchange, unless such
Exchange provides a process for pre-enrollment
verification through which any applicant may, begin-
ning not later than August 1, verify with the Exchange
the applicant’s household income and eligibility for
enrollment in such plan for plan years beginning in
the subsequent year.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2027.
SEC. 71304. DISALLOWING PREMIUM TAX CREDIT IN CASE OF CERTAIN
COVERAGE ENROLLED IN DURING SPECIAL ENROLL-
MENT PERIOD.
(a) IN GENERAL.—Section 36B(c)(3)(A), as amended by the pre-
ceding provisions of this Act, is amended by adding at the end
the following new clause:
‘‘(iii) EXCEPTION
IN
CASE
OF
CERTAIN
SPECIAL
ENROLLMENT PERIODS.—Such term shall not include
any plan enrolled in during a special enrollment period
provided for by an Exchange—
‘‘(I) on the basis of the relationship of the
individual’s expected household income to such a
percentage of the poverty line (or such other
amount) as is prescribed by the Secretary of Health
and Human Services for purposes of such period,
and
‘‘(II) not in connection with the occurrence of
an event or change in circumstances specified by
the Secretary of Health and Human Services for
such purposes.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to plan years beginning after December
31, 2025.
SEC. 71305. ELIMINATING LIMITATION ON RECAPTURE OF ADVANCE
PAYMENT OF PREMIUM TAX CREDIT.
(a) IN GENERAL.—Section 36B(f)(2) is amended by striking
subparagraph (B).
H. R. 1—254
(b) CONFORMING AMENDMENTS.—
(1) Section 36B(f)(2) is amended by striking ‘‘ADVANCE PAY-
MENTS.—’’ and all that follows through ‘‘If the advance pay-
ments’’ and inserting the following: ‘‘ADVANCE PAYMENTS.—If
the advance payments’’.
(2) Section 35(g)(12)(B)(ii) is amended by striking ‘‘then
section 36B(f)(2)(B) shall be applied by substituting the amount
determined under clause (i) for the amount determined under
section 36B(f)(2)(A)’’ and inserting ‘‘then the amount determined
under clause (i) shall be substituted for the amount determined
under section 36B(f)(2)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to taxable years beginning after December 31, 2025.
Subchapter C—Enhancing Choice for Patients
SEC. 71306. PERMANENT EXTENSION OF SAFE HARBOR FOR ABSENCE
OF DEDUCTIBLE FOR TELEHEALTH SERVICES.
(a) IN GENERAL.—Subparagraph (E) of section 223(c)(2) is
amended to read as follows:
‘‘(E) SAFE HARBOR FOR ABSENCE OF DEDUCTIBLE FOR
TELEHEALTH.—A plan shall not fail to be treated as a
high deductible health plan by reason of failing to have
a deductible for telehealth and other remote care services.’’.
(b) CERTAIN COVERAGE DISREGARDED.—Clause (ii) of section
223(c)(1)(B) is amended by striking ‘‘(in the case of months or
plan years to which paragraph (2)(E) applies)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to plan years beginning after December 31, 2024.
SEC. 71307. ALLOWANCE OF BRONZE AND CATASTROPHIC PLANS IN
CONNECTION WITH HEALTH SAVINGS ACCOUNTS.
(a) IN GENERAL.—Section 223(c)(2) is amended by adding at
the end the following new subparagraph:
‘‘(H) BRONZE
AND
CATASTROPHIC
PLANS
TREATED
AS
HIGH DEDUCTIBLE HEALTH PLANS.—The term ‘high deduct-
ible health plan’ shall include any plan which is—
‘‘(i) available as individual coverage through an
Exchange established under section 1311 or 1321 of
the Patient Protection and Affordable Care Act, and
‘‘(ii) described in subsection (d)(1)(A) or (e) of sec-
tion 1302 of such Act.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to months beginning after December 31, 2025.
SEC.
71308.
TREATMENT
OF
DIRECT
PRIMARY
CARE
SERVICE
ARRANGEMENTS.
(a) IN GENERAL.—Section 223(c)(1) is amended by adding at
the end the following new subparagraph:
‘‘(E) TREATMENT
OF
DIRECT
PRIMARY
CARE
SERVICE
ARRANGEMENTS.—
‘‘(i) IN GENERAL.—A direct primary care service
arrangement shall not be treated as a health plan
for purposes of subparagraph (A)(ii).
‘‘(ii) DIRECT
PRIMARY
CARE
SERVICE
ARRANGE-
MENT.—For purposes of this subparagraph—
‘‘(I) IN
GENERAL.—The term ‘direct primary
care service arrangement’ means, with respect to
H. R. 1—255
any individual, an arrangement under which such
individual is provided medical care (as defined in
section 213(d)) consisting solely of primary care
services provided by primary care practitioners (as
defined in section 1833(x)(2)(A) of the Social Secu-
rity Act, determined without regard to clause (ii)
thereof), if the sole compensation for such care
is a fixed periodic fee.
‘‘(II) LIMITATION.—With respect to any indi-
vidual for any month, such term shall not include
any arrangement if the aggregate fees for all direct
primary care service arrangements (determined
without regard to this subclause) with respect to
such individual for such month exceed $150 (twice
such dollar amount in the case of an individual
with any direct primary care service arrangement
(as so determined) that covers more than one indi-
vidual).
‘‘(iii) CERTAIN
SERVICES
SPECIFICALLY
EXCLUDED
FROM
TREATMENT
AS
PRIMARY
CARE
SERVICES.—For
purposes of this subparagraph, the term ‘primary care
services’ shall not include—
‘‘(I) procedures that require the use of general
anesthesia,
‘‘(II) prescription drugs (other than vaccines),
and
‘‘(III) laboratory services not typically adminis-
tered in an ambulatory primary care setting.
The Secretary, after consultation with the Secretary
of Health and Human Services, shall issue regulations
or other guidance regarding the application of this
clause.’’.
(b) DIRECT
PRIMARY
CARE
SERVICE
ARRANGEMENT
FEES
TREATED AS MEDICAL EXPENSES.—Section 223(d)(2)(C) is amended
by striking ‘‘or’’ at the end of clause (iii), by striking the period
at the end of clause (iv) and inserting ‘‘, or’’, and by adding at
the end the following new clause:
‘‘(v) any direct primary care service arrangement.’’.
(c) INFLATION ADJUSTMENT.—Section 223(g)(1) is amended—
(1) by striking ‘‘in subsections (b)(2) and (c)(2)(A)’’ and
inserting ‘‘in subsections (b)(2), (c)(2)(A), and in the case of
taxable years beginning after 2026, (c)(1)(E)(ii)(II)’’,
(2) in subparagraph (B), by striking ‘‘clause (ii)’’ in clause
(i) and inserting ‘‘clauses (ii) and (iii)’’, by striking ‘‘and’’ at
the end of clause (i), by striking the period at the end of
clause (ii) and inserting ‘‘, and’’, and by inserting after clause
(ii) the following new clause:
‘‘(iii) in the case of the dollar amount in subsection
(c)(1)(E)(ii)(II), ‘calendar year 2025’.’’, and
(3) by inserting ‘‘, (c)(1)(E)(ii)(II),’’ after ‘‘(b)(2)’’ in the last
sentence.
(d) EFFECTIVE DATE.—The amendments made by this section
shall apply to months beginning after December 31, 2025.
H. R. 1—256
CHAPTER 4—PROTECTING RURAL HOSPITALS AND
PROVIDERS
SEC. 71401. RURAL HEALTH TRANSFORMATION PROGRAM.
(a) IN GENERAL.—Section 2105 of the Social Security Act (42
U.S.C. 1397ee) is amended by adding at the end the following
new subsection:
‘‘(h) RURAL HEALTH TRANSFORMATION PROGRAM.—
‘‘(1) APPROPRIATION.—
‘‘(A) IN GENERAL.—There are appropriated, out of any
money in the Treasury not otherwise appropriated, to the
Administrator of the Centers for Medicare & Medicaid Serv-
ices (in this subsection referred to as the ‘Administrator’),
to provide allotments to States for purposes of carrying
out the activities described in paragraph (6)—
‘‘(i) $10,000,000,000 for fiscal year 2026;
‘‘(ii) $10,000,000,000 for fiscal year 2027;
‘‘(iii) $10,000,000,000 for fiscal year 2028;
‘‘(iv) $10,000,000,000 for fiscal year 2029; and
‘‘(v) $10,000,000,000 for fiscal year 2030.
‘‘(B) UNEXPENDED OR UNOBLIGATED FUNDS.—
‘‘(i) IN
GENERAL.—Any amounts appropriated
under subparagraph (A) that are unexpended or unobli-
gated as of October 1, 2032, shall be returned to the
Treasury of the United States.
‘‘(ii) REDISTRIBUTION OF UNEXPENDED OR UNOBLI-
GATED FUNDS.—In carrying out subparagraph (A), the
Administrator shall, not later than March 31, 2028,
and annually thereafter through March 31, 2032, deter-
mine the amount of funds, if any, that are available
under such subparagraph for a previous fiscal year,
are unexpended or unobligated with respect to such
fiscal year, and will not be available to a State in
the current fiscal year, pursuant to clause (iii).
‘‘(iii) AVAILABILITY OF FUNDS.—
‘‘(I) IN GENERAL.—Amounts allotted to a State
under this subsection for a year shall be available
for expenditure by the State through the end of
the fiscal year following the fiscal year in which
such amounts are allotted.
‘‘(II) AVAILABILITY
OF
AMOUNTS
REDISTRIB-
UTED.—Amounts redistributed to a State under
clause (ii) with respect to a fiscal year shall be
available for expenditure by the State through the
end of the fiscal year following the fiscal year
in which such amounts are redistributed (except
in the case of amounts redistributed in fiscal year
2032 which shall only be available for expenditure
through September 30, 2032).
‘‘(iv) MISUSE
OF
FUNDS.—If the Administrator
determines that a State is not using amounts allotted
or redistributed to the State under this subsection
in a manner consistent with the description provided
by the State in its application approved under para-
graph (2), the Administrator may withhold payments
to, or reduce payments to, or recover previous pay-
ments from, the State under this subsection as the
H. R. 1—257
Administrator deems appropriate, and any amounts
so withheld, or that remain after any such reduction,
or so recovered, shall be returned to the Treasury
of the United States.
‘‘(2) APPLICATION.—
‘‘(A) IN GENERAL.—To be eligible for an allotment under
this subsection, a State shall submit to the Administrator
during an application submission period to be specified
by the Administrator (but that ends not later than
December 31, 2025) an application in such form and
manner as the Administrator may specify, that includes—
‘‘(i) a detailed rural health transformation plan—
‘‘(I) to improve access to hospitals, other health
care providers, and health care items and services
furnished to rural residents of the State;
‘‘(II) to improve health care outcomes of rural
residents of the State;
‘‘(III) to prioritize the use of new and emerging
technologies
that
emphasize
prevention
and
chronic disease management;
‘‘(IV) to initiate, foster, and strengthen local
and regional strategic partnerships between rural
hospitals and other health care providers in order
to promote measurable quality improvement,
increase financial stability, maximize economies
of scale, and share best practices in care delivery;
‘‘(V) to enhance economic opportunity for, and
the supply of, health care clinicians through
enhanced recruitment and training;
‘‘(VI) to prioritize data and technology driven
solutions that help rural hospitals and other rural
health care providers furnish high-quality health
care services as close to a patient’s home as is
possible;
‘‘(VII) that outlines strategies to manage long-
term financial solvency and operating models of
rural hospitals in the State; and
‘‘(VIII) that identifies specific causes driving
the accelerating rate of stand-alone rural hospitals
becoming at risk of closure, conversion, or service
reduction;
‘‘(ii) a certification that none of the amounts pro-
vided under this subsection shall be used by the State
for an expenditure that is attributable to an intergov-
ernmental transfer, certified public expenditure, or any
other expenditure to finance the non-Federal share
of expenditures required under any provision of law,
including under the State plan established under this
title, the State plan established under title XIX, or
under a waiver of such plans; and
‘‘(iii) such other information as the Administrator
may require.
‘‘(B)
DEADLINE
FOR
APPROVAL.—Not
later
than
December 31, 2025, the Administrator shall approve or
deny all applications submitted for an allotment under
this subsection.
H. R. 1—258
‘‘(C) ONE-TIME
APPLICATION.—If an application of a
State for an allotment under this subsection is approved
by the Administrator, the State shall be eligible for an
allotment under this subsection for each of fiscal years
2026 through 2030, except as provided in paragraph
(1)(B)(iv).
‘‘(D) ELIGIBILITY.—Only the 50 States shall be eligible
for an allotment under this subsection and all references
in this subsection to a State shall be treated as only refer-
ring to the 50 States.
‘‘(3) ALLOTMENTS.—
‘‘(A) IN
GENERAL.—For each of fiscal years 2026
through 2030, the Administrator shall determine under
subparagraph (B) the amount of the allotment for such
fiscal year for each State with an approved application
under this subsection.
‘‘(B) AMOUNT DETERMINED.—Subject to subparagraph
(C), from the amounts appropriated under paragraph (1)(A)
for each of fiscal years 2026 through 2030, the Adminis-
trator shall allot—
‘‘(i) 50 percent of the amounts appropriated for
each such fiscal year equally among all States with
an approved application under this subsection; and
‘‘(ii) 50 percent of the amounts appropriated for
each such fiscal year among all such States in an
amount to be determined by the Administrator in
accordance with subparagraph (C).
‘‘(C) REQUIREMENTS.—In determining the amount to
be allotted to a State under clause (ii) of subparagraph
(B) for a fiscal year, the Administrator shall—
‘‘(i) ensure that not less than 1⁄4 of the States
with an approved application under this subsection
for a fiscal year are allotted funds from amounts that
are to be allotted under clause (ii) of such subpara-
graph; and
‘‘(ii) consider—
‘‘(I) the percentage of the State population that
is located in a rural census tract of a metropolitan
statistical area (as determined under the most
recent modification of the Goldsmith Modification,
originally published in the Federal Register on
February 27, 1992 (57 Fed. Reg. 6725));
‘‘(II) the proportion of rural health facilities
(as defined in subparagraph (D)) in the State rel-
ative to the number of rural health facilities
nationwide;
‘‘(III) the situation of hospitals in the State,
as described in section 1902(a)(13)(A)(iv); and
‘‘(IV) any other factors that the Administrator
determines appropriate.
‘‘(D) RURAL HEALTH FACILITY DEFINED.—For the pur-
poses of subparagraph (C)(ii), the term ‘rural health facility’
means the following:
‘‘(i) A subsection (d) hospital (as defined in para-
graph (1)(B) of section 1886(d)) that—
‘‘(I) is located in a rural area (as defined in
paragraph (2)(D) of such section);
H. R. 1—259
‘‘(II) is treated as being located in a rural
area pursuant to paragraph (8)(E) of such section;
or
‘‘(III) is located in a rural census tract of a
metropolitan statistical area (as determined under
the most recent modification of the Goldsmith
Modification, originally published in the Federal
Register on February 27, 1992 (57 Fed. Reg. 6725)).
‘‘(ii) A critical access hospital (as defined in section
1861(mm)(1)).
‘‘(iii) A sole community hospital (as defined in sec-
tion 1886(d)(5)(D)(iii)).
‘‘(iv) A Medicare-dependent, small rural hospital
(as defined in section 1886(d)(5)(G)(iv)).
‘‘(v) A low-volume hospital (as defined in section
1886(d)(12)(C)).
‘‘(vi) A rural emergency hospital (as defined in
section 1861(kkk)(2)).
‘‘(vii) A rural health clinic (as defined in section
1861(aa)(2)).
‘‘(viii) A Federally qualified health center (as
defined in section 1861(aa)(4)).
‘‘(ix) A community mental health center (as defined
in section 1861(ff)(3)(B)).
‘‘(x) A health center that is receiving a grant under
section 330 of the Public Health Service Act.
‘‘(xi) An opioid treatment program (as defined in
section 1861(jjj)(2)) that is located in a rural census
tract of a metropolitan statistical area (as determined
under the most recent modification of the Goldsmith
Modification, originally published in the Federal Reg-
ister on February 27, 1992 (57 Fed. Reg. 6725)).
‘‘(xii) A certified community behavioral health
clinic (as defined in section 1905(jj)(2)) that is located
in a rural census tract of a metropolitan statistical
area (as determined under the most recent modification
of the Goldsmith Modification, originally published in
the Federal Register on February 27, 1992 (57 Fed.
Reg. 6725)).
‘‘(4) NO MATCHING PAYMENT.—A State approved for an allot-
ment under this subsection for a fiscal year shall not be
required to provide any matching funds as a condition for
receiving payments from the allotment.
‘‘(5) TERMS
AND
CONDITIONS.—The Administrator shall
specify such terms and conditions for allotments to States pro-
vided under this subsection as the Administrator deems appro-
priate, including the following:
‘‘(A) Each State shall submit to the Administrator (at
a time, and in a form and manner, specified by the Adminis-
trator)—
‘‘(i) a plan for the State to use its allotment to
carry out 3 or more of the activities described in para-
graph (6); and
‘‘(ii) annual reports on the use of allotments,
including such additional information as the Adminis-
trator determines appropriate.
H. R. 1—260
‘‘(B) Not more than 10 percent of the amount allotted
to a State for a fiscal year may be used by the State
for administrative expenses.
‘‘(6) USE OF FUNDS.—Amounts allotted to a State under
this subsection shall be used for 3 or more of the following
health-related activities:
‘‘(A) Promoting evidence-based, measurable interven-
tions to improve prevention and chronic disease manage-
ment.
‘‘(B) Providing payments to health care providers for
the provision of health care items or services, as specified
by the Administrator.
‘‘(C) Promoting consumer-facing, technology-driven
solutions for the prevention and management of chronic
diseases.
‘‘(D) Providing training and technical assistance for
the development and adoption of technology-enabled solu-
tions that improve care delivery in rural hospitals,
including remote monitoring, robotics, artificial intel-
ligence, and other advanced technologies.
‘‘(E) Recruiting and retaining clinical workforce talent
to rural areas, with commitments to serve rural commu-
nities for a minimum of 5 years.
‘‘(F) Providing technical assistance, software, and hard-
ware for significant information technology advances
designed to improve efficiency, enhance cybersecurity capa-
bility development, and improve patient health outcomes.
‘‘(G) Assisting rural communities to right size their
health care delivery systems by identifying needed
preventative, ambulatory, pre-hospital, emergency, acute
inpatient care, outpatient care, and post-acute care service
lines.
‘‘(H) Supporting access to opioid use disorder treatment
services (as defined in section 1861(jjj)(1)), other substance
use disorder treatment services, and mental health serv-
ices.
‘‘(I) Developing projects that support innovative models
of care that include value-based care arrangements and
alternative payment models, as appropriate.
‘‘(J) Additional uses designed to promote sustainable
access to high quality rural health care services, as deter-
mined by the Administrator.
‘‘(7) EXEMPTIONS.—Paragraphs (2), (3), (5), (6), (8), (10),
(11), and (12) of subsection (c) do not apply to payments under
this subsection.
‘‘(8) REVIEW.—There shall be no administrative or judicial
review under section 1116 or otherwise of amounts allotted
or redistributed to States under this subsection, payments to
States withheld or reduced under this subsection, or previous
payments recovered from States under this subsection.
‘‘(9) HEALTH
CARE
PROVIDER
DEFINED.—For purposes of
this subsection, the term ‘health care provider’ means a provider
of services or supplier who is enrolled under this title, title
XVIII, or title XIX.’’.
(b) CONFORMING AMENDMENTS.—Title XXI of the Social Secu-
rity Act (42 U.S.C. 1397aa) is amended—
(1) in section 2101—
H. R. 1—261
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘The purpose’’ and inserting ‘‘Except with
respect to the rural health transformation program estab-
lished in section 2105(h), the purpose’’; and
(B) in subsection (b), in the matter preceding paragraph
(1), by inserting ‘‘subsection (a) or (g) of’’ before ‘‘section
2105’’;
(2) in section 2105(c)(1), by striking ‘‘and may not include’’
and inserting ‘‘or to carry out the rural health transformation
program established in subsection (h) and, except in the case
of amounts made available under subsection (h), may not
include’’; and
(3) in section 2106(a)(1), by inserting ‘‘subsection (a) or
(g) of’’ before ‘‘section 2105’’.
(c) IMPLEMENTATION.—The Administrator of the Centers for
Medicare & Medicaid Services shall implement this section,
including the amendments made by this section, by program
instruction or other forms of program guidance.
(d) IMPLEMENTATION FUNDING.—For the purposes of carrying
out the provisions of, and the amendments made by, this section,
there are appropriated, out of any monies in the Treasury not
otherwise appropriated, to the Administrator of the Centers for
Medicare & Medicaid Services, $200,000,000 for fiscal year 2025,
to remain available until expended.
Subtitle C—Increase in Debt Limit
SEC. 72001. MODIFICATION OF LIMITATION ON THE PUBLIC DEBT.
The limitation under section 3101(b) of title 31, United States
Code, as most recently increased by section 401(b) of Public Law
118–5 (31 U.S.C. 3101 note), is increased by $5,000,000,000,000.
Subtitle D—Unemployment
SEC.
73001.
ENDING
UNEMPLOYMENT
PAYMENTS
TO
JOBLESS
MILLIONAIRES.
(a) PROHIBITION ON USE OF FEDERAL FUNDS.—
(1) IN GENERAL.—No Federal funds may be used—
(A) to make payments of unemployment compensation
benefits under an unemployment compensation program
of the United States in a year to an individual whose
wages during the individual’s base period are equal to
or exceed $1,000,000; or
(B) for any administrative costs associated with making
payments described in subparagraph (A).
(2) COMPLIANCE.—
(A)
SELF-CERTIFICATION.—Any
application
for
unemployment compensation under an unemployment com-
pensation program of the United States shall include a
form or procedure for an individual applicant to certify
that such individual’s wages during the individual’s base
period do not equal or exceed $1,000,000.
(B) VERIFICATION.—Each State agency that is respon-
sible for administering any unemployment compensation
program of the United States shall utilize available systems
H. R. 1—262
to verify wage eligibility by assessing claimant income to
the degree possible.
(3) RECOVERY OF OVERPAYMENTS.—Each State agency that
is responsible for administering any unemployment compensa-
tion program of the United States shall require individuals
who have received amounts of unemployment compensation
under such a program to which they were not entitled to
repay such amounts.
(4) EFFECTIVE DATE.—The prohibition under paragraph (1)
shall apply to weeks of unemployment beginning on or after
the date of the enactment of this Act.
(b) UNEMPLOYMENT COMPENSATION PROGRAM OF THE UNITED
STATES DEFINED.—In this section, the term ‘‘unemployment com-
pensation program of the United States’’ means—
(1) unemployment compensation for Federal civilian
employees under subchapter I of chapter 85 of title 5, United
States Code;
(2) unemployment compensation for ex-servicemembers
under subchapter II of chapter 85 of title 5, United States
Code;
(3) extended benefits under the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304
note);
(4) any Federal temporary extension of unemployment com-
pensation;
(5) any Federal program that increases the weekly amount
of unemployment compensation payable to individuals; and
(6) any other Federal program providing for the payment
of unemployment compensation, as determined by the Secretary
of Labor.
TITLE VIII—COMMITTEE ON HEALTH,
EDUCATION, LABOR, AND PENSIONS
Subtitle A—Exemption of Certain Assets
SEC. 80001. EXEMPTION OF CERTAIN ASSETS.
(a) EXEMPTION OF CERTAIN ASSETS.—Section 480(f)(2) of the
Higher Education Act of 1965 (20 U.S.C. 1087vv(f)(2)) is amended—
(1) by striking ‘‘net value of the’’ and inserting the following:
‘‘net value of—
‘‘(A) the’’;
(2) by striking the period at the end and inserting a semi-
colon; and
(3) by adding at the end the following:
‘‘(B) a family farm on which the family resides;
‘‘(C) a small business with not more than 100 full-
time or full-time equivalent employees (or any part of such
a small business) that is owned and controlled by the
family; or
‘‘(D) a commercial fishing business and related
expenses, including fishing vessels and permits owned and
controlled by the family.’’.
(b) EFFECTIVE DATE AND APPLICATION.—The amendments made
by subsection (a) shall take effect on July 1, 2026, and shall apply
H. R. 1—263
with respect to award year 2026–2027 and each subsequent award
year, as determined under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.).
Subtitle B—Loan Limits
SEC. 81001. ESTABLISHMENT OF LOAN LIMITS FOR GRADUATE AND
PROFESSIONAL STUDENTS AND PARENT BORROWERS;
TERMINATION OF GRADUATE AND PROFESSIONAL PLUS
LOANS.
Section 455(a) of the Higher Education Act of 1965 (20 U.S.C.
1087e(a)) is amended—
(1) in paragraph (3)—
(A) in the paragraph heading, by inserting ‘‘AND FED-
ERAL DIRECT PLUS LOANS’’ after ‘‘LOANS’’;
(B) by striking subparagraph (A) and inserting the
following:
‘‘(A) TERMINATION OF AUTHORITY TO MAKE INTEREST
SUBSIDIZED LOANS TO GRADUATE AND PROFESSIONAL STU-
DENTS.—Subject to subparagraph (B), and notwithstanding
any provision of this part or part B—
‘‘(i) for any period of instruction beginning on or
after July 1, 2012, a graduate or professional student
shall not be eligible to receive a Federal Direct Stafford
loan under this part; and
‘‘(ii) for any period of instruction beginning on
July 1, 2012, and ending on June 30, 2026, the max-
imum annual amount of Federal Direct Unsubsidized
Stafford loans such a student may borrow in any aca-
demic year (as defined in section 481(a)(2)) or its
equivalent shall be the maximum annual amount for
such student determined under section 428H, plus an
amount equal to the amount of Federal Direct Stafford
loans the student would have received in the absence
of this subparagraph.’’; and
(C) by adding at the end the following:
‘‘(C) TERMINATION
OF
AUTHORITY
TO
MAKE
FEDERAL
DIRECT PLUS LOANS TO GRADUATE AND PROFESSIONAL STU-
DENTS.—Subject to paragraph (8) and notwithstanding any
provision of this part or part B, for any period of instruction
beginning on or after July 1, 2026, a graduate or profes-
sional student shall not be eligible to receive a Federal
Direct PLUS Loan under this part.’’; and
(2) by adding at the end the following:
‘‘(4) GRADUATE AND PROFESSIONAL ANNUAL AND AGGREGATE
LIMITS
FOR
FEDERAL
DIRECT
UNSUBSIDIZED
STAFFORD
LOANS
BEGINNING JULY 1, 2026.—
‘‘(A) ANNUAL LIMITS BEGINNING JULY 1, 2026.—Subject
to paragraphs (7)(A) and (8), beginning on July 1, 2026,
the maximum annual amount of Federal Direct Unsub-
sidized Stafford loans—
‘‘(i) a graduate student, who is not a professional
student, may borrow in any academic year or its
equivalent shall be $20,500; and
‘‘(ii) a professional student may borrow in any
academic year or its equivalent shall be $50,000.
H. R. 1—264
‘‘(B) AGGREGATE
LIMITS.—Subject to paragraphs (6),
(7)(A), and (8), beginning on July 1, 2026, the maximum
aggregate amount of Federal Direct Unsubsidized Stafford
loans, in addition to the amount borrowed for under-
graduate education, that—
‘‘(i) a graduate student—
‘‘(I) who is not (and has not been) a profes-
sional student, may borrow for programs of study
described in subparagraph (C)(i) shall be $100,000;
or
‘‘(II) who is (or has been) a professional stu-
dent, may borrow for programs of study described
in subparagraph (C)(i) shall be an amount equal
to—
‘‘(aa) $200,000; minus
‘‘(bb) the amount such student borrowed
for programs of study described in subpara-
graph (C)(ii); and
‘‘(ii) a professional student—
‘‘(I) who is not (and has not been) a graduate
student, may borrow for programs of study
described
in
subparagraph
(C)(ii)
shall
be
$200,000; or
‘‘(II) who is (or has been) a graduate student,
may borrow for programs of study described in
subparagraph (C)(ii) shall be an amount equal to—
‘‘(aa) $200,000; minus
‘‘(bb) the amount such student borrowed
for programs of study described in subpara-
graph (C)(i).
‘‘(C) DEFINITIONS.—
‘‘(i) GRADUATE STUDENT.—The term ‘graduate stu-
dent’ means a student enrolled in a program of study
that awards a graduate credential (other than a profes-
sional degree) upon completion of the program.
‘‘(ii) PROFESSIONAL STUDENT.—In this paragraph,
the term ‘professional student’ means a student
enrolled in a program of study that awards a profes-
sional degree, as defined under section 668.2 of title
34, Code of Federal Regulations (as in effect on the
date of enactment of this paragraph), upon completion
of the program.
‘‘(5) PARENT
BORROWER
ANNUAL
AND
AGGREGATE
LIMITS
FOR FEDERAL DIRECT PLUS LOANS BEGINNING JULY 1, 2026.—
‘‘(A) ANNUAL
LIMITS.—Subject to paragraph (8) and
notwithstanding any provision of this part or part B, begin-
ning on July 1, 2026, for each dependent student, the
total maximum annual amount of Federal Direct PLUS
loans that may be borrowed on behalf of that dependent
student by all parents of that dependent student shall
be $20,000.
‘‘(B) AGGREGATE LIMITS.—Subject to paragraph (8) and
notwithstanding any provision of this part or part B, begin-
ning on July 1, 2026, for each dependent student, the
total maximum aggregate amount of Federal Direct PLUS
loans that may be borrowed on behalf of that dependent
student by all parents of that dependent student shall
H. R. 1—265
be $65,000, without regard to any amounts repaid, forgiven,
canceled, or otherwise discharged on any such loan.
‘‘(6) LIFETIME MAXIMUM AGGREGATE AMOUNT FOR ALL STU-
DENTS.—Subject to paragraph (8) and notwithstanding any
provision of this part or part B, beginning on July 1, 2026,
the maximum aggregate amount of loans made, insured, or
guaranteed under this title that a student may borrow (other
than a Federal Direct PLUS loan, or loan under section 428B,
made to the student as a parent borrower on behalf of a
dependent student) shall be $257,500, without regard to any
amounts repaid, forgiven, canceled, or otherwise discharged
on any such loan.
‘‘(7) ADDITIONAL RULES REGARDING ANNUAL LOAN LIMITS.—
‘‘(A) LESS
THAN
FULL-TIME
ENROLLMENT.—Notwith-
standing any provision of this part or part B, in any case
in which a student is enrolled in a program of study of
an institution of higher education on less than a full-
time basis during any academic year, the amount of a
loan that student may borrow for an academic year or
its equivalent shall be reduced in direct proportion to the
degree to which that student is not so enrolled on a full-
time basis, rounded to the nearest whole percentage point,
as provided in a schedule of reductions published by the
Secretary computed for purposes of this subparagraph.
‘‘(B) INSTITUTIONALLY DETERMINED LIMITS.—Notwith-
standing the annual loan limits established under this
section and, for undergraduate students, under this part
and part B, beginning on July 1, 2026, an institution of
higher education (at the discretion of a financial aid
administrator at the institution) may limit the total amount
of loans made under this part for a program of study
for an academic year that a student may borrow, and
that a parent may borrow on behalf of such student, as
long as any such limit is applied consistently to all students
enrolled in such program of study.
‘‘(8) INTERIM EXCEPTION FOR CERTAIN STUDENTS.—
‘‘(A) APPLICATION OF PRIOR LIMITS.—Paragraphs (3)(C),
(4), (5), and (6) shall not apply, and paragraph (3)(A)(ii)
shall apply as such paragraph was in effect for periods
of instruction ending before June 30, 2026, during the
expected time to credential described in subparagraph (B),
with respect to an individual who, as of June 30, 2026—
‘‘(i) is enrolled in a program of study at an institu-
tion of higher education; and
‘‘(ii) has received a loan (or on whose behalf a
loan was made) under this part for such program of
study.
‘‘(B) EXPECTED TIME TO CREDENTIAL.—For purposes of
this paragraph, the expected time to credential of an indi-
vidual shall be equal to the lesser of—
‘‘(i) three academic years; or
‘‘(ii) the period determined by calculating the dif-
ference between—
‘‘(I) the program length for the program of
study in which the individual is enrolled; and
H. R. 1—266
‘‘(II) the period of such program of study that
such individual has completed as of the date of
the determination under this subparagraph.
‘‘(C) DEFINITION OF PROGRAM LENGTH.—In this para-
graph, 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.’’.
Subtitle C—Loan Repayment
SEC. 82001. LOAN REPAYMENT.
(a) TRANSITION TO INCOME-BASED REPAYMENT PLANS.—
(1) SELECTION.—The Secretary of Education shall take such
steps as may be necessary to ensure that before July 1, 2028,
each borrower who has one or more loans that are in a repay-
ment status in accordance with, or an administrative forbear-
ance associated with, an income contingent repayment plan
authorized under section 455(e) of the Higher Education Act
of 1965 (referred to in this subsection as ‘‘covered income contin-
gent loans’’) selects one of the following income-based repay-
ment plans that is otherwise applicable, and for which that
borrower is otherwise eligible, for the repayment of the covered
income contingent loans of the borrower:
(A) The Repayment Assistance Plan under section
455(q) of the Higher Education Act of 1965.
(B) The income-based repayment plan under section
493C of the Higher Education Act of 1965.
(C) Any other repayment plan as authorized under
section 455(d)(1) of the Higher Education Act of 1965.
(2) COMMENCEMENT OF NEW REPAYMENT PLAN.—Beginning
on July 1, 2028, a borrower described in paragraph (1) shall
begin repaying the covered income contingent loans of the
borrower in accordance with the repayment plan selected under
paragraph (1), unless the borrower chooses to begin repaying
in accordance with the repayment plan selected under para-
graph (1) before such date.
(3) FAILURE TO SELECT.—In the case of a borrower described
in paragraph (1) who fails to select a repayment plan in accord-
ance with such paragraph, the Secretary of Education shall—
(A) enroll the covered income contingent loans of such
borrower in—
(i) the Repayment Assistance Plan under section
455(q) of the Higher Education Act of 1965 with respect
to loans that are eligible for the Repayment Assistance
Plan under such subsection; or
(ii) the income-based repayment plan under section
493C of such Act, with respect to loans that are not
eligible for the Repayment Assistance Plan; and
(B) require the borrower to begin repaying covered
income contingent loans according to the plans under
subparagraph (A) on July 1, 2028.
(b) REPAYMENT PLANS.—Section 455(d) of the Higher Education
Act of 1965 (20 U.S.C. 1087e(d)) is amended—
H. R. 1—267
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘before July 1, 2026, who has not received a
loan made under this part on or after July 1, 2026,’’ after
‘‘made under this part’’;
(B) in subparagraph (D)—
(i) by inserting ‘‘before June 30, 2028,’’ before ‘‘an
income contingent repayment plan’’; and
(ii) by striking ‘‘and’’ after the semicolon;
(C) in subparagraph (E)—
(i) by striking ‘‘that enables borrowers who have
a partial financial hardship to make a lower monthly
payment’’;
(ii) by striking ‘‘a Federal Direct Consolidation
Loan, if the proceeds of such loan were used to dis-
charge the liability on such Federal Direct PLUS Loan
or a loan under section 428B made on behalf of a
dependent student’’ and inserting ‘‘an excepted Consoli-
dation Loan (as defined in section 493C(a)(2))’’; and
(iii) by striking the period at the end and inserting
‘‘; and’’; and
(D) by adding at the end the following:
‘‘(F) beginning on July 1, 2026, the income-based
Repayment Assistance Plan under subsection (q), provided
that—
‘‘(i) such Plan shall not be available for the repay-
ment of excepted loans (as defined in paragraph (7)(E));
and
‘‘(ii) the borrower is required to pay each out-
standing loan of the borrower made under this part
under such Repayment Assistance Plan, except that
a borrower of an excepted loan (as defined in paragraph
(7)(E)) may repay the excepted loan separately from
other loans under this part obtained by the borrower.’’;
(2) in paragraph (5), by amending subparagraph (B) to
read as follows:
‘‘(B) repay the loan pursuant to an income-based repay-
ment plan under subsection (q) or section 493C, as
applicable.’’; and
(3) by adding at the end the following:
‘‘(6)
TERMINATION
AND
LIMITATION
OF
REPAYMENT
AUTHORITY.—
‘‘(A) SUNSET OF REPAYMENT PLANS AVAILABLE BEFORE
JULY 1, 2026.—Paragraphs (1) through (4) of this subsection
shall only apply to loans made under this part before
July 1, 2026.
‘‘(B) PROHIBITIONS.—The Secretary may not, for any
loan made under this part on or after July 1, 2026—
‘‘(i) authorize a borrower of such a loan to repay
such loan pursuant to a repayment plan that is not
described in paragraph (7)(A); or
‘‘(ii) carry out or modify a repayment plan that
is not described in such paragraph.
‘‘(7) REPAYMENT PLANS FOR LOANS MADE ON OR AFTER JULY
1, 2026.—
‘‘(A) DESIGN
AND
SELECTION.—Beginning on July 1,
2026, the Secretary shall offer a borrower of a loan made
H. R. 1—268
under this part on or after such date (including such a
borrower who also has a loan made under this part before
such date) two plans for repayment of the borrower’s loans
under this part, including principal and interest on such
loans. The borrower shall be entitled to accelerate, without
penalty, repayment on such loans. The borrower may
choose—
‘‘(i) a standard repayment plan—
‘‘(I) with a fixed monthly repayment amount
paid over a fixed period of time equal to the
applicable period determined under subclause (II);
and
‘‘(II) with the applicable period of time for
repayment determined based on the total out-
standing principal of all loans of the borrower
made under this part before, on, or after July
1, 2026, at the time the borrower is entering repay-
ment under such plan, as follows—
‘‘(aa) for a borrower with total outstanding
principal of less than $25,000, a period of 10
years;
‘‘(bb) for a borrower with total outstanding
principal of not less than $25,000 and less
than $50,000, a period of 15 years;
‘‘(cc) for a borrower with total outstanding
principal of not less than $50,000 and less
than $100,000, a period of 20 years; and
‘‘(dd) for a borrower with total outstanding
principal of $100,000 or more, a period of 25
years; or
‘‘(ii) the income-based Repayment Assistance Plan
under subsection (q).
‘‘(B) SELECTION BY SECRETARY.—If a borrower of a loan
made under this part on or after July 1, 2026, does not
select a repayment plan described in subparagraph (A),
the Secretary shall provide the borrower with the standard
repayment plan described in subparagraph (A)(i).
‘‘(C) SELECTION APPLIES TO ALL OUTSTANDING LOANS.—
A borrower is required to pay each outstanding loan of
the borrower made under this part under the same selected
repayment plan, except that a borrower who selects the
Repayment Assistance Plan and also has an excepted loan
that is not eligible for repayment under such Repayment
Assistance Plan shall repay the excepted loan separately
from other loans under this part obtained by the borrower.
‘‘(D) CHANGES OF REPAYMENT PLAN.—A borrower may
change the borrower’s selection of—
‘‘(i) the standard repayment plan under subpara-
graph (A)(i), or the Secretary’s selection of such plan
for the borrower under subparagraph (B), as the case
may be, to the Repayment Assistance Plan under
subparagraph (A)(ii) at any time; and
‘‘(ii)
the
Repayment
Assistance
Plan
under
subparagraph (A)(ii) to the standard repayment plan
under subparagraph (A)(i) at any time.
‘‘(E) REPAYMENT
FOR
BORROWERS
WITH
EXCEPTED
LOANS MADE ON OR AFTER JULY 1, 2026.—
H. R. 1—269
‘‘(i) STANDARD REPAYMENT PLAN REQUIRED.—Not-
withstanding subparagraphs (A) through (D), begin-
ning on July 1, 2026, the Secretary shall require a
borrower who has received an excepted loan made
on or after such date (including such a borrower who
also has an excepted loan made before such date) to
repay each excepted loan, including principal and
interest on those excepted loans, under the standard
repayment plan under subparagraph (A)(i). The bor-
rower shall be entitled to accelerate, without penalty,
repayment on such loans.
‘‘(ii) EXCEPTED LOAN DEFINED.—For the purposes
of this paragraph, the term ‘excepted loan’ means a
loan with an outstanding balance that is—
‘‘(I) a Federal Direct PLUS Loan that is made
on behalf of a dependent student; or
‘‘(II) a Federal Direct Consolidation Loan, if
the proceeds of such loan were used to discharge
the liability on—
‘‘(aa) an excepted PLUS loan, as defined
in section 493C(a)(1); or
‘‘(bb) an excepted consolidation loan (as
such term is defined in section 493C(a)(2)(A),
notwithstanding subparagraph (B) of such sec-
tion).’’.
(c) ELIMINATION OF AUTHORITY TO PROVIDE INCOME CONTIN-
GENT REPAYMENT PLANS.—
(1) REPEAL.—Subsection (e) of section 455 of the Higher
Education Act of 1965 (20 U.S.C. 1087e(e)) is repealed.
(2) FURTHER AMENDMENTS TO ELIMINATE INCOME CONTIN-
GENT REPAYMENT.—
(A) Section 428 of the Higher Education Act of 1965
(20 U.S.C. 1078) is amended—
(i) in subsection (b)(1)(D), by striking ‘‘be subject
to income contingent repayment in accordance with
subsection (m)’’ and inserting ‘‘be subject to income-
based repayment in accordance with subsection (m)’’;
and
(ii) in subsection (m)—
(I) in the subsection heading, by striking
‘‘INCOME CONTINGENT AND’’;
(II) by amending paragraph (1) to read as
follows:
‘‘(1) AUTHORITY OF SECRETARY TO REQUIRE.—The Secretary
may require borrowers who have defaulted on loans made under
this part that are assigned to the Secretary under subsection
(c)(8) to repay those loans pursuant to an income-based repay-
ment plan under section 493C.’’; and
(III) in the heading of paragraph (2), by
striking ‘‘INCOME CONTINGENT OR’’.
(B) Section 428C of the Higher Education Act of 1965
(20 U.S.C. 1078–3) is amended—
(i) in subsection (a)(3)(B)(i)(V)(aa), by striking ‘‘for
the purposes of obtaining income contingent repayment
or income-based repayment’’ and inserting ‘‘for the pur-
poses of qualifying for an income-based repayment plan
under section 455(q) or section 493C, as applicable’’;
H. R. 1—270
(ii) in subsection (b)(5), by striking ‘‘be repaid
either pursuant to income contingent repayment under
part D of this title, pursuant to income-based repay-
ment under section 493C, or pursuant to any other
repayment provision under this section’’ and inserting
‘‘be repaid pursuant to an income-based repayment
plan under section 493C or any other repayment provi-
sion under this section’’; and
(iii) in subsection (c)—
(I) in paragraph (2)(A), by striking ‘‘or by the
terms of repayment pursuant to income contingent
repayment offered by the Secretary under sub-
section (b)(5)’’ and inserting ‘‘or by the terms of
repayment pursuant to an income-based repay-
ment plan under section 493C’’; and
(II) in paragraph (3)(B), by striking ‘‘except
as required by the terms of repayment pursuant
to income contingent repayment offered by the Sec-
retary under subsection (b)(5)’’ and inserting
‘‘except as required by the terms of repayment
pursuant to an income-based repayment plan
under section 493C’’.
(C) Section 485(d)(1) of the Higher Education Act of
1965 (20 U.S.C. 1092(d)(1)) is amended by striking ‘‘income-
contingent and’’.
The text is cut here.