[Congressional Record Volume 172, Number 15 (Thursday, January 22, 2026)]
[House]
[Pages H1185-H1297]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONSOLIDATED APPROPRIATIONS ACT, 2026
General Leave
Mr. COLE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on H.R. 7148, and that I may include
tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oklahoma?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 1014 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 7148.
The Chair appoints the gentlewoman from Illinois (Mrs. Miller) to
preside over the Committee of the Whole.
{time} 1154
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the
[[Page H1186]]
consideration of the bill (H.R. 7148) making further consolidated
appropriations for the fiscal year ending September 30, 2026, and for
other purposes, with Mrs. Miller of Illinois in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
General debate shall be confined to the bill and shall not exceed 1
hour equally divided and controlled by the chair and ranking minority
member of the Committee on Appropriations or their respective
designees.
The gentleman from Oklahoma (Mr. Cole) and the gentlewoman from
Connecticut (Ms. DeLauro) each will control 30 minutes.
The Chair recognizes the gentleman from Oklahoma (Mr. Cole).
Mr. COLE. Madam Chair, I yield myself such time as I may consume.
I rise today in support of H.R. 7148, the Consolidated Appropriations
Act.
The legislation before us is part of the final chapter of the fiscal
year 2026 appropriations process. This is where months of hard work
turn into results.
You see, we aren't here for just another stopgap, temporary fix. We
are here to finish the job by providing full-year funding.
Specifically, this package addresses core areas of national
consequence: Defense, Labor-Health-Education, and Transportation-
Housing and Urban Development.
These aren't abstract concepts on a page. They affect how Americans
live, work, learn, and travel every day. That matters because behind
every line is an impact: a military family with more certainty in their
budget, a senior depending on a rural hospital, a student pursuing
technical training for a good-paying job, and a traveler trusting that
the plane they board will land safely. These bills were written with
those priorities in mind.
Our Defense bill sends a clear message: America's military will
remain the strongest in the world. It restores deterrence by
strengthening readiness, modernizing capabilities, and reinforcing the
defense industrial base. The bill also supports our servicemembers with
a well-earned pay raise. Together, these investments ensure our forces
can deter conflict and win decisively if deterrence fails.
The Labor-HHS title invests in the long-term strength of the country.
We support lifesaving biomedical research, strengthen workforce
training, and expand access to care, particularly in rural communities.
These investments help students gain skills, workers find
opportunities, and communities stay healthy.
Through Transportation-Housing and Urban Development, we keep America
moving. From roads and bridges to ports and skies, the bill strengthens
the safety and reliability of vital transit systems. It modernizes air
traffic control, supports the hiring of needed controllers, and
accelerates the deployment of new technologies. It also empowers local
communities through programs that promote economic development and
provide housing assistance to vulnerable Americans.
This package reflects a nation that is strong, prepared, and ready
for the future. These are real deliverables and real wins.
This process has underscored a very important point: Congress can
make tough decisions that are necessary to govern this country and
chart a bold course with President Donald Trump.
Our objectives were clear, and we followed through. Republicans set
out to spend less, and the total FY26 funding does just that. We
committed to codifying DOGE cuts, and these bills cut waste and rein in
government bloat. We promised to deliver America's agenda, which is why
we put President Trump's priorities in place and end the Biden-era
mandates. This is what responsible governance looks like.
I commend the detailed work of our chairmen--Representatives Robert
Aderholt, Ken Calvert, and Steve Womack--whose stewardship ensured
this package was both thoughtful in substance and built to deliver
results.
I thank their accompanying ranking members--Representatives Rosa
DeLauro, Betty McCollum, and James Clyburn--for their support and
hard work.
I also want to recognize the dedicated staff whose work made this
possible, particularly our chief clerk, Susan Ross.
This measure is the product of sustained engagement and serious
legislating. It advances reforms, delivers full-year funding, and
reflects a Congress doing its job.
I thank each Member for their time, and I urge all Members to support
this bipartisan measure.
Madam Chair, I reserve the balance of my time.
{time} 1200
Ms. DeLAURO. Madam Chair, I yield myself 5 minutes.
Madam Chair, I rise in support of the measure before us today, which
includes the Labor-HHS-Education, Transportation-Housing and Urban
Development, and the Department of Defense appropriations bills.
I will begin by thanking Ranking Member Betty McCollum and Ranking
Member Jim Clyburn for their fine work on the Defense and
Transportation bills, respectively. Both bills are remarkably strong
agreements that serve as testaments to their tenacity as negotiators. I
also thank Chairman Calvert and Chairman Womack and my counterpart on
the Labor, Health and Human Services, Education, and Related Agencies
Subcommittee, Chairman Aderholt, for his partnership in reaching a
strong agreement on our bill, as well.
None of this would have been possible without the incredible work of
the committee staff. In particular, Stephen Steigleder, Jennifer
Chartrand, Christina Monroe, Jackie Kilroy, Laurie Mignone, Philip
Tizzani, Nora Faye, Ed Etzkorn, and Jason Gray.
Lastly, I express my appreciation for my friend and counterpart on
the full committee, Chairman Cole, and the majority staff.
This package is a strong, bipartisan, bicameral agreement that
rejects the Trump administration's efforts to eviscerate public
services and reasserts Congress' power of the purse.
It rejects efforts to dismantle the Department of Education, instead
providing $79 billion in funding for K-12 education programs, financial
aid, support for students with disabilities, and much more.
It redoubles our efforts in investments in biomedical research,
increasing NIH funding by $415 million, and supporting efforts to
develop treatments and cures for cancer, Alzheimer's, ALS, and other
deadly diseases.
It provides more than $9 billion for the Centers for Disease Control
and Prevention to protect and promote our Nation's public health. It
increases funding for SAMHSA to provide mental health support and to
advance our battle against addiction.
This bill supports families feeling the squeeze from the cost-of-
living crisis by investing in affordable housing and protecting funding
for rental assistance as the cost of housing continues to climb. These
and other efforts will prevent more than 4 million American households
from being evicted.
Additionally, this package provides funding for a 3.8 percent pay
raise for the brave men and women who serve our country in uniform. It
increases funding for medical research by $1.7 billion, supporting
research to develop treatment for diseases and service-related
injuries. At a time of international uncertainty, this bill shores up
support for our European allies and does not include any additional
funding for operations in Venezuela or the Caribbean.
You can measure the success of these negotiations by the distance
between what was initially proposed and what was ultimately agreed to.
When you look at the numbers, it is astonishing.
In the Labor-HHS bill alone, we rejected more than $50 billion in
proposed cuts. The Transportation-Housing bill provides $46 billion
more than the White House had proposed. There are over 50 programs
across these two bills that Republicans proposed to outright eliminate
but are ultimately funded in this package. I consider that a success.
In addition, this package contains important provisions to rein in
the Trump administration. It provides funding levels, removing
ambiguity that the White House has sought to exploit in the past. It
establishes deadlines for required spending, provides minimum staffing
thresholds to prevent agencies from being hollowed out, and increases
notification requirements to ensure the administration is
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complying with the laws that Congress makes.
I am proud of the work that was done on these bills, and I encourage
my colleagues to support this package.
Madam Chair, I reserve the balance of my time.
Mr. COLE. Madam Chair, I yield 4 minutes to the gentleman from
Alabama (Mr. Aderholt), my very good friend and distinguished chairman
of the Labor, Health and Human Services, Education, and Related
Agencies Subcommittee of the Appropriations Committee.
Mr. ADERHOLT. Madam Chair, I rise today, again, as my colleagues
have, to ask for support for the final FY26 appropriations package. It
completes the culmination of a lot of hard work from a lot of folks who
fulfilled their commitment to the American people.
As chairman of the Subcommittee on Labor, Health and Human Services,
Education, and Related Agencies, I was honored to lead the effort to
rein in spending and secure an America First future, while also
ensuring that these bills provide for funding for critical projects and
growth around our districts.
I thank Chairman Cole for his longstanding leadership on the Labor-
HHS bill and express my appreciation for Ranking Member DeLauro, who
tirelessly champions her priorities and so many things in this bill. It
is an honor to work with both of them as we have moved this bill
forward.
The bill on the floor today balances the need for responsible fiscal
stewardship while maintaining key investments in biomedical research,
schools, and public health.
Thanks to negotiations on a bicameral, bipartisan level, funding
decisions have moved through a very deliberate, very Member-driven
process that puts an emphasis on transparency, accountability, and
timely consideration.
This bill demonstrates the will of the American people who want new
priorities and accountability in government, including priorities that
make America healthy again and make America skilled again.
Investments in this bill are directed to where they matter most: into
lifesaving biomedical research and resilient medical supply chains,
classrooms, and training that prepare the next generation for success.
Enactment and passage of this full-year appropriations bill is vital
to implementing provisions that keep our Nation strong, secure, and
competitive.
In closing, I thank Chairman Cole and Ranking Member DeLauro, again.
I also equally thank the committee staff on both sides of the aisle,
majority and minority.
For the majority: Kathryn Salmon, James Redstone, Emily Goff, Kirk
Boyle, Jaime Varela, along with Megan Medley on my staff, who has
worked very diligently on this bill, as well.
For the minority: Stephen Steigleder, who has already been mentioned
but needs to be mentioned again, Philip Tizzani, Laurie Mignone, and
Jackie Kilroy.
There are so many others that we could name, but those are the folks
that were on the front line.
Madam Chair, I urge my colleagues to support this bill. This is a
good bill.
Ms. DeLAURO. Madam Chair, I yield 4 minutes to the gentleman from
South Carolina (Mr. Clyburn), the distinguished ranking member of the
Transportation, Housing and Urban Development, and Related Agencies
Subcommittee.
Mr. CLYBURN. Madam Chair, I thank Ranking Member DeLauro and Chairman
Cole for their leadership.
Madam Chair, I rise in strong support of this bipartisan legislation
that will make critical investments in housing and transportation
across America.
As ranking member of the Transportation and Housing Appropriations
Subcommittee, I will first thank my partner, Chairman Steve Womack,
for his leadership and collaborative relationship this year.
As many of you know by now, Chairman Womack lost his wife this past
Sunday as we were closing out this bill. He remained by his wife's side
during the extremely difficult time, while ensuring we walked away from
the negotiation table with a product we can feel proud about.
Madam Chair, having been through that which Chairman Womack is
experiencing, I am encouraged and emboldened by his commitment to get
this bill across the finish line while managing his affairs back home.
The Transportation and Housing division of this bill includes $113
billion in discretionary spending. This represents an $11 billion
increase in the House Republican bill and is $43 billion more than the
President's budget request.
The bill reflects a renewed commitment to addressing the cost-of-
living crisis and improving the safety of our transportation systems.
For housing, the bill prevents the eviction of more than 4 million low-
income households served through HUD's rental assistance programs,
including those currently served by Section 8 and public housing.
{time} 1210
Madam Chair, the bill reinforces efforts to combat homelessness by
increasing funding for the Homeless Assistance Grants by $366 million,
rejecting the Trump administration's efforts to eliminate Continuum of
Care funding entirely.
It protects investments for mayors and governors by providing $3.3
billion for the popular Community Development Block Grants, or CDBG,
and sustains funding for the HOME program at $1.3 billion, which spurs
affordable housing construction.
It includes $58 million for housing counseling assistance for renters
and first-time homebuyers and $8 million to continue legal aid
assistance for eviction prevention.
For transportation, the bill invests in the safety of the flying
public by increasing FAA operations by nearly $230 million, enabling
the hiring of 2,500 new air traffic controllers.
It increases funding for the air traffic control towers and
facilities by $824 million above fiscal year 2025, a 26 percent
increase.
The CHAIR. The time of the gentleman has expired.
Ms. DeLAURO. Madam Chair, I yield an additional 1 minute to the
gentleman from South Carolina.
Mr. CLYBURN. Madam Chair, it protects investments for continuing
Amtrak service along the Northeast Corridor and national network by
providing $2.4 billion.
It allocates $3.7 billion in Transit Capital Investment Grants that
improve commute times and reduces congestion on our roads.
It includes $100 million for the 2026 World Cup and $94 million for
the 2028 Olympics to help transit agencies manage local transportation
in support of games across the country.
In closing, this year's Transportation and Housing bill advances
investments in our housing and transportation infrastructure, while
increasing safety and housing security.
Before I close, I thank the staff on both sides of the aisle for
their immeasurable contributions to this bill.
The CHAIR. The time of the gentleman has again expired.
Ms. DeLAURO. Madam Chair, I yield an additional 30 seconds to the
gentleman from South Carolina.
Mr. CLYBURN. Madam Chair, this includes Christina Monroe, Jackie
Kilroy, and Nora Faye, along with Barvetta Singletary on my personal
staff. It also includes Doug, Avery, Andrew, and Mary Beth with the
majority.
Madam Chair, I urge my colleagues to support this bill.
Mr. COLE. Madam Chair, I thank my friend from South Carolina (Mr.
Clyburn) for his gracious remarks.
Madam Chair, I yield 5 minutes to the gentleman from Arkansas (Mr.
Womack), my very good and distinguished friend, the chairman of the
Transportation, Housing and Urban Development Subcommittee of the
Appropriations Committee, and a person who is here at an
extraordinarily difficult time to discharge his responsibilities to the
United States.
Mr. WOMACK. Madam Chair, I rise in support of the consolidated
appropriations package before the House today.
With this legislation, we are a step closer to completing full-year
appropriations that rightsize our priorities with updated funding
levels.
As chair the Transportation, Housing and Urban Development
Subcommittee, I would like to highlight that division of this package.
Before I do, Madam Chair, I want to say something about my friend,
Jim Clyburn. He is my friend. Though we sometimes differ in our
political beliefs, friendship transcends politics.
[[Page H1188]]
Jim's words this morning on the floor inspire me. I am grateful.
Madam Chair, the Transportation division is a deliberate shift away
from bloated bureaucracy and unfocused spending and back toward the
core responsibilities of the Federal Government.
This agreement supports the President's America First agenda by
cutting waste, eliminating unnecessary and underperforming programs,
and codifying reforms that significantly reduce the size and scope of
the Federal bureaucracy across all agencies.
The bill refocuses taxpayer dollars on priorities that matter to the
American people: safety, mobility, economic growth, and housing
affordability.
We make aviation safety a top priority by providing $22.2 billion for
the Federal Aviation Administration, fully funding air traffic control,
hiring 2,500 new controllers, and modernizing outdated facilities and
equipment to ensure the safety and reliability of our national airspace
system.
We invest more than $64 billion in highways, with the overwhelming
majority sent directly to the States by formula because we know that it
is the States, not Washington, that are best positioned to deliver
roads and bridges that improve safety, strengthen freight movement, and
support local economies.
The bill also addresses longstanding safety challenges including
truck parking and motor carrier enforcement.
At the same time, we preserve housing assistance for the most
vulnerable, while promoting affordability through flexible, locally
driven programs that allow communities to expand housing supply without
the micromanagement of the Federal Government.
We protect seniors, people with disabilities, and families facing
homelessness, while ensuring that these programs are managed
responsibly. We don't just throw money at programs. We make sure that
they are responsibly managed.
Just as importantly, this bill exercises strong oversight by
eliminating funding for failed and mismanaged projects like California
High-Speed Rail, reducing transit programs, and rightsizing staffing
levels at HUD and the Department of Transportation, all without
compromising safety or mission effectiveness.
While I am extremely proud of the Transportation division, I would be
remiss if I didn't express my strong support for other divisions of the
package, notably providing for the common defense, a constitutional
imperative. This legislation strategically increases funding to ensure
our military continues to be the most lethal in the world.
It supports programs like the F-35 FMS mission at Ebbing Air National
Guard Base in Fort Smith, Arkansas, and the E-7 Wedgetail, both of
which ensure our military and allies have the capabilities they need to
deter threats across the globe. Of course, we have a well-deserved pay
raise for our servicemembers.
This bill does what Congress should have been doing all along. It
prioritizes national security and the men and women who voluntarily
take the oath to defend it.
This legislation also makes investments in biomedical research. We
don't create cures or develop medical breakthroughs. No, that is not
our job, but we can implement policies here in Washington that provide
the resources needed to support our experts.
Moreover, this agreement provides the fiscal discipline and
commonsense investments that are not mutually exclusive. It cuts what
doesn't work, funds what does, and delivers real results for the
taxpayers.
Madam Chair, finally, I will say this about Tom Cole. He has re-
engineered the appropriations process. I am eternally grateful. We have
strayed away from our fundamental duty of funding the government. In
his desire to make sure that the appropriations process is honored and
effective, Tom Cole made sure that we arrived at this moment. I am
grateful.
The CHAIR. The time of the gentleman has expired.
Mr. COLE. Madam Chair, I yield an additional 1 minute to the
gentleman from Arkansas.
Mr. WOMACK. Madam Chair, before I close, let me say, as most of my
colleagues know and as Mr. Clyburn pointed out, my presence here today
in the face of a terrible, personal hardship--the loss of my wife of
over 41 years--I hope is indicative of the importance of completing the
work on behalf of the American people.
{time} 1220
Madam Chair, that is our job. I am grateful for the outpouring of
support from Members from both sides of this aisle, and I urge a
``yes'' vote on the legislation.
Ms. DeLAURO. Madam Chair, I yield myself such time as I may consume.
Madam Chair, before I introduce my next speaker, I will say that it
is an honor to serve in this institution with Chair Womack, and he
understands why we are here and what we are about. He has demonstrated
that at great personal cost.
The gentleman said something about friendship. In this body,
friendship needs to transcend whatever political difficulties or
differences that we have, and he is an extraordinary individual,
someone who I call my friend, and I am pleased to do that.
We all are in support of whatever his needs are now and for the
future. He is an incredible human being, and I am proud to know him.
Madam Chair, I yield 4 minutes to the gentlewoman from Minnesota (Ms.
McCollum), the distinguished ranking member of the Defense
Subcommittee.
Ms. McCOLLUM. Madam Chair, it was a very rough appropriations cycle
at times, so I thank Mr. Cole and Ms. DeLauro for leading us through
this and for making sure that our government does not shut down again.
I thank them both for their work.
Madam Chair, the staff lost their holiday break and time with their
families to get this bill done. Particularly, I thank Jennifer, Jason,
Ed, and in my personal office, Ben and Lisa, for all of the work that
they did.
I also thank Adam Sullivan and the entire majority staff. A special
shout-out to Bill Adkins for his work and dedication to our national
security. Bill recently departed to work at the National Reconnaissance
Office, and we all wish him well.
Madam Chair, a special warm thank you to Chairman Calvert for working
in a bipartisan manner to get this Defense bill done. As always,
legislation is a compromise, but I am glad that the harmful partisan
riders have been removed.
We know that this process would go much more quickly without having
to debate them each year. This bill does include several important
provisions to support military personnel and their families. It
includes a well-deserved 3.8 percent pay increase. Medical research
programs have been increased with a total of $100.7 billion, and that
includes nearly $1.3 billion for congressionally directed medical
research programs. That is an increase of $620 million above last year.
These programs are important. They support efforts to develop
lifesaving treatments for cancer, disease, and other service-related
injuries, and these advances in medical research and knowledge will
improve healthcare and outcomes for our entire civilian population.
This bill makes $400 million in funding available to Ukraine, and I
strongly believe that we should continue to support our Ukrainian
allies.
I am also pleased that this bill does not include additional funding
to cover operations in the Caribbean and Venezuela. Congress needs to
do more to rein in the President's military interventions that have not
been authorized by Congress. We should pass a Venezuelan War Powers
Resolution to do just that.
The bill also contains language to reaffirm our ironclad support in
Congress for our NATO allies and all 32 members. That includes Denmark
and, especially, my good neighbor to the north, Canada.
I am disappointed that we were unable to include stronger language
making it clear that President Trump needs to keep Greenland free. The
future of Greenland is up to its people, the Kingdom of Denmark, not
the President of the United States.
Madam Chair, this bill has been negotiated in good faith and in a
very bipartisan way. I urge Members to support it.
Mr. COLE. Madam Chair, I yield 4 minutes to the gentleman from
California (Mr. Calvert), my very good
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friend and distinguished chairman of the Defense Subcommittee of the
Committee on Appropriations.
Mr. CALVERT. Madam Chair, I thank Chairman Cole for yielding.
Madam Chair, we cannot thank Chairman Cole enough, as Chairman Womack
said, for his steadfast leadership and his clear-eyed purpose to get us
back to regular order and to see this end today with the passage of
four final appropriations bills.
Madam Chair, I thank my partner, Betty McCollum, for her hard work
and her leadership on her side of the aisle to get this done. It was
not an easy process, but we were able to work together to make sure
that the men and women who serve in the United States military have
reliable funding to keep this country moving forward.
Madam Chair, I rise today in strong support of this bill, the
Department of Defense Appropriations Act for Fiscal Year 2026. This
legislation was a bipartisan effort by all four corners of Defense
Appropriations.
Today, our country faces a dangerous and increasingly complex threat
environment. China continues to advance its military capability at an
unprecedented rate. While bloodied, Russia and Iran continue to
threaten Europe and the Middle East. Until 1 year ago, our unsecured
borders facilitated the flow of illicit drugs into this country,
killing thousands of Americans.
This legislation answers the call, providing $839.2 billion for the
Department of Defense and the intelligence community to protect America
and deter war. This bill protects the administration's America First
defense agenda, supports the Department's innovation efforts, and
includes my four key priorities.
First, this bill builds a technology-equipped fighting force to
ensure that we remain the strongest military in the world. It enhances
investments in the fifth and sixth-generation aircraft, including the
F-35, the F-47, and the F/A-XX.
This bill supports and prioritizes the modernization of the nuclear
triad through investing in the B-21 Raider, the Columbia-class
submarine, and the Sentinel ICBM.
It supports the Department's innovative efforts to increase
efficiency and production of critical munitions. It also provides $7.1
billion to sustain the Navy ship operations and fund 17 new ships,
including 7 battle-force ships, to include 1 Columbia-class ballistic
missile submarine, 2 Virginia-class fast attack submarines, 3 medium
landing ships, and 1 antisubmarine warfare ship. This bill also
provides approximately $13.4 billion in support of other Golden Dome
efforts.
Second, this bill advances innovation efforts, increases competition,
and drives down costs to create a more efficient and effective
Department of Defense.
This bill includes a $1.2 billion reduction for efficiencies and to
streamline management functions, and it cuts $1.2 billion to support
the administration's effort to reshape the civilian workforce.
Furthermore, the bill delivers a 3.8 percent pay raise to our heroic
military servicemembers and provides $6 billion to transfer authority
to help support an agile execution of the administration's military
priorities.
Third, this legislation combats international actors who are
manufacturing and trafficking illegal drugs into this country. The bill
provides $1.1 billion for counterdrug programs. It includes funding for
the National Guard Counterdrug Program and maintains the current
location for United States Southern Command headquarters, a signal of
our Nation's sustained commitment to the Western Hemisphere.
Finally, this legislation prioritizes modernization, innovation, and
the industrial base. It provides $18.8 billion for facility
sustainment, restoration, and modernization to sustain installations,
public shipyards, and other facilities.
This bill supports commercial/dual-use technology and innovative
projects by providing $429.5 million for the Defense Innovation Unit,
$400 million for the Accelerate the Procurement and Fielding of
Innovative Technologies, or APFIT.
It includes robust funding to establish the Civil Reserve
Manufacturing Network and almost $98 million for the Office of
Strategic Capital to facilitate over $4.3 billion in loans and loan
guarantees for critical suppliers to scale public capacity.
This bill includes an investment in future defense industrial base,
which has languished.
The CHAIR. The time of the gentleman has expired.
Mr. COLE. Madam Chair, I yield an additional 1 minute to the
gentleman from California.
Mr. CALVERT. Madam Chair, finally, in closing, I thank my entire
staff both on the majority side and the minority side who worked
diligently together. As the ranking member mentioned, we are losing one
of our key staff members who went over to NRO as a deputy director,
Bill Adkins. I am sure he is going to do a great job in his continued
service for the United States.
{time} 1230
Ms. DeLAURO. Madam Chair, I yield 2 minutes to the gentlewoman from
Florida (Ms. Lois Frankel), the distinguished ranking member of the
Subcommittee on National Security, Department of State, and Related
Programs.
Ms. LOIS FRANKEL of Florida. Madam Chair, I rise today in strong
support of the 2026 Labor-HHS appropriations bill. It represents a
clear and moral statement of our national priorities, that we invest in
people, in their health, in their education, and in their opportunity
to work and thrive, and it lowers the cost of living for everyday
people.
The legislation strengthens the National Institutes of Health with
new funding for cancer research, Alzheimer's treatment, ALS
breakthroughs, and women's health.
It keeps our promise to families with more help for childcare and
Head Start, ensuring that parents can work and children can grow and
learn in safe, nurturing environments.
It invests in mental health and substance abuse, boosting the 988
Suicide and Crisis Lifeline, and expanding opioid response programs,
because every life saved is worth the effort and investment.
It reaffirms our commitment to education, protecting title I schools,
preserving Pell grants, and supporting career and technical education
so young Americans are prepared for the jobs of tomorrow, regardless of
their ZIP Code.
This bill reaffirms Congress' power of the purse and our duty to the
American people.
It is not just a spending bill. It is a values bill. It says the
health and well-being of our citizens is imperative. It invests in
America's greatest resource, our people, by funding cures, creating
opportunity, and making the lives of everyday Americans more
affordable.
Mr. Chair, I urge my colleagues to support this very good bill.
Mr. COLE. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Oklahoma (Mrs. Bice), my very good friend, my fellow Oklahoman, and the
distinguished vice chair of the Subcommittee on Transportation, Housing
and Urban Development, and Related Agencies of the Committee on
Appropriations.
Mrs. BICE. Mr. Chair, I rise in strong support of H.R. 7148, which
contains the Defense, Labor-Health and Human Services-Education, and
Transportation-Housing and Urban Development appropriations bills.
This is a strong package, and as the vice chair of the Subcommittee
on Transportation, Housing and Urban Development, and Related Agencies,
or T-HUD, I am particularly proud of that portion of this bill. It
provides $103 billion in budget authority and supports President
Trump's America First agenda. It invests in transportation
infrastructure and housing affordability while cutting wasteful
spending and reducing the Federal bureaucracy. In fact, this bill
codifies DOGE cuts, like reducing HUD staff by 24 percent and DOT by 5
percent, helping to rightsize the Federal workforce.
When it comes to aviation safety, a top priority, FAA funding is
increased to $22.2 billion, including $10.3 billion for air traffic
control operations, $4 billion to modernize facilities and equipment,
and additional resources to hire 2,500 new air traffic controllers.
This will help keep America's skies safe.
The bill also invests $64 billion in highway infrastructure,
including $879 million for priority needs, such as addressing truck
parking shortages and resources needed to improve Tribal
transportation.
[[Page H1190]]
The package supports housing affordability and community development
by providing $3.3 billion for the Community Development Block Grants
and $1.25 billion for the HOME program, giving States and localities
flexible tools to expand affordable housing.
It also eliminates waste, including $929 million from the failed
California High-Speed Rail project, which has been totally mismanaged
and is completely indefensible. Nearly $1 billion in Biden-era Green
New Deal spending is redirected to critical infrastructure needs. This
is welcome news for taxpayers across the country.
Finally, and most importantly, this bill delivers direct wins for
Oklahoma's Fifth District, including fully funded runway improvements
at the Chandler and Shawnee Regional Airports and critical electric
grid upgrades in Edmond, Oklahoma.
The Acting CHAIR (Mr. Walberg). The time of the gentlewoman has
expired.
Mr. COLE. Mr. Chair, I yield an additional 15 seconds to the
gentlewoman from Oklahoma.
Mrs. BICE. Mr. Chair, I urge passage of this bill.
Ms. DeLAURO. Mr. Chair, I yield 2 minutes to the gentlewoman from
Pennsylvania (Ms. Dean), a member of the Appropriations Committee.
Ms. DEAN of Pennsylvania. Mr. Chair, I thank Ranking Member DeLauro
and Chairman Cole, and my sincere sympathies to Chair Womack and his
family on the passing of his beautiful wife.
Mr. Chair, I rise today in support of the negotiated fiscal year 2026
appropriations package for Labor-Health and Human Services-Education,
for Defense, and for Transportation-Housing and Urban Development.
As a new member of the Subcommittee on Labor, Health and Human
Services, Education, and Related Agencies, I am pleased to have
contributed to the development of this legislation. I thank my
colleagues on the Committee on Appropriations and the dedicated staff
for their tireless work.
Despite serving in the minority, Democrats on the Committee on
Appropriations have spent months fighting back against the Trump
administration's proposed cuts to critical programs that support our
healthcare systems and save lives. These efforts have made a
difference.
We secured $7.4 billion for the Substance Abuse and Mental Health
Services Administration, SAMHSA, despite the administration's callous
attempt just 1 week ago to eliminate almost all discretionary grant
funding for the agency. I am pleased to say that Congress exercised
its constitutional power of the purse and rejected cuts to an agency
that serves as the backbone of our Nation's response to the mental
health and addiction crises, which continue to take too many lives in
America.
We restored funding for homeless prevention programs, peer support
services, and mental health workforce training, and we secured funding
increases for State opioid response grants and the 988 Suicide and
Crisis Lifeline.
In addition, we successfully removed more than 20 partisan policy
riders from the L-HHS bill, riders that would have defunded Planned
Parenthood, blocked gun violence prevention research, and threatened
the safety and dignity of immigrant and LGBTQ communities.
These bills are far from perfect, but they send a strong message to
this administration: Make America Healthy Again cannot coexist with
attempts to cut public health programs, and Congress will continue to
assert our power of the purse and impose necessary checks on the
administration.
The Defense and T-HUD portions of this bill also make important
investments toward our public health.
The Acting CHAIR. The time of the gentlewoman has expired.
Ms. DeLAURO. Mr. Chair, I yield an additional 30 seconds to the
gentlewoman from Pennsylvania.
Ms. DEAN of Pennsylvania. The Defense bill restores funding for
Congressionally Directed Medical Research Programs of $1.3 billion
following massive cuts in fiscal year 2025. Further, it includes over
$100 million for PFAS remediation efforts at military installations.
The T-HUD bill includes $295 million for Lead Hazard Reduction and
Healthy Homes grants.
More generally, we know housing is healthcare. This bill provides $74
billion in discretionary spending for housing programs.
Mr. Chair, I urge my colleagues to join me in supporting this
package, and I thank the chairman and the ranking member.
Mr. COLE. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from
Florida (Mr. Scott Franklin), my very good friend and the vice chair of
the Subcommittee on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies of the Committee on
Appropriations.
Mr. SCOTT FRANKLIN of Florida. Mr. Chair, I rise today in strong
support of H.R. 7148 and the Defense appropriations bill as part of
this broader spending package.
Last year, Congress failed our military by relying on a full-year
continuing resolution. It froze funding at outdated levels, delayed
modernization, disrupted training schedules, and undermined our ability
to plan properly. With a yearlong CR, our military cannot adapt,
innovate, and effectively deter our adversaries.
Congress did provide additional defense funding through the One Big
Beautiful Bill Act. It addressed urgent needs and closed critical gaps,
but one-time funding cannot replace stable, predictable appropriations.
Strategic planning, force posture, training pipelines, and
modernization all depend on certainty, and Congress has a duty to
provide it.
We face real and growing threats. China continues its rapid military
expansion and aggressive posture in the Indo-Pacific, while racing to
dominate emerging technologies. Russia is determined to destabilize its
neighbors and challenge the international order. Hostile actors
continue to test American resolve. Recent missions in Venezuela and
Iran underscore that these dangers are not hypothetical.
Maintaining our edge requires sustained investment in advanced
capabilities, including artificial intelligence. AI is transforming
modern warfare by accelerating decisionmaking, improving logistics, and
enhancing force protection. Integrating these technologies responsibly
requires long-term commitment, not short-term fixes.
{time} 1240
This Defense appropriations bill provides the resources our military
needs to train, modernize, and remain ready to deter and defeat our
adversaries. Passing it sends a clear message: Congress will not allow
budgetary dysfunction or uncertainty to weaken America's defense or
embolden our adversaries.
Mr. Chair, we owe our servicemembers leadership, certainty, and the
tools they need to keep America secure. I urge my colleagues to vote
``yes.''
Ms. DeLAURO. Mr. Chair, I yield 2 minutes to the gentleman from
Indiana (Mr. Mrvan), a member of the Appropriations Committee.
Mr. MRVAN. Mr. Chair, I thank the ranking member for the time.
I rise today because I believe the Federal Government has a
responsibility to stand with all communities across northwest Indiana--
big cities, small towns, and neighborhoods--that are rolling up their
sleeves to rebuild and create work and wealth for their residents. I
want to thank the leaders, Chairman Cole and Ranking Member DeLauro and
the staff of the House Appropriations Committee for their hard work,
sacrifice, and also for including three community project funding
requests for Indiana's First Congressional District.
The funding for the Gary/Chicago International Airport is an
investment in jobs and economic growth for our region. The airport is a
vital economic hub for northwest Indiana. By expanding cargo
operations, attracting private investment, and supporting initiatives
pursued by the city of Gary and the State of Indiana, this funding will
help bring new businesses, create good-paying jobs, and open the door
to new passenger services for the residents.
I am also grateful for the HUD funding that will allow Gary and
Michigan City to tackle long-neglected vacant and unsafe properties.
[[Page H1191]]
This investment helps local leaders do what they already committed to
doing by clearing blight, stabilizing neighborhoods, and putting land
and buildings back to use. When we rebuild housing and commercial
corridors, we strengthen communities and restore local pride.
These are responsible investments that respect taxpayer dollars and
deliver real results for working families. I urge my colleagues to
support this measure.
Mr. COLE. Mr. Chair, I yield 3 minutes to the gentleman from Texas
(Mr. Ellzey), my very good friend and vice-chairman of the Defense
Subcommittee on Appropriations.
Mr. ELLZEY. Mr. Chair, I rise in strong support of this bill and I
join Chairman Calvert and Ranking Member McCollum in saluting the hard
work of the Defense Subcommittee staff, and of course, Chairman Cole. I
thank my colleagues on the Senate Defense Appropriations Subcommittee
for working with this body.
As of today, the Biden-era CRs, numbers, and policies will come to an
end, and we will pass a bill that addresses the needs of now and the
future for our adversaries around the world.
This fiscal year `26 bill invests in the Navy's sixth-generation
fighter, an essential high-tech platform designed to succeed across the
globe, projecting power from highly mobile airfields--the United States
Navy's aircraft carriers.
It also accelerates the Army's investment in the Future Long-Range
Assault Aircraft, a platform essential for the Army to meet the fight
in the long distances between islands in the Pacific.
The Navy Reserve will finally get four more KC-130Js to provide
aerial refueling, spare engines, and contested logistics in the Pacific
Ocean.
Some of the most important provisions in this bill help the Pentagon
fix many of its broken and antiquated processes. It gives Secretary
Feinberg the ability to accelerate and find, test, and buy the tools
that warfighters want and need, both hardware and software.
Remember, it was industrial innovations that won World War II, not a
fledgling Pentagon.
Today, patriotic companies across the country are putting their own
skin in the game to help our country deter, if possible, and defeat, if
necessary, our 21st century adversaries, and we must help them succeed.
Vote for this bill.
Ms. DeLAURO. Mr. Chair, I yield 2 minutes to the gentleman from New
Jersey (Mr. Pallone), the distinguished ranking member of the Energy
and Commerce Committee.
Mr. PALLONE. Mr. Chair, I thank Ranking Member DeLauro and Chairman
Cole for their hard work.
I rise in support of this Consolidated Appropriations Act. As
Republicans continue to slash healthcare, drive up healthcare costs for
millions of Americans, and double down on their big, ugly bill that
cuts a trillion dollars from our healthcare system, Democrats are
fighting to lower healthcare and prescription drug prices for everyday
Americans.
Today, we are finally considering priorities Democrats fought for,
including authorization of policies and increased funding for important
programs. Community health centers, hospitals that care for underserved
communities, and teaching health centers will all benefit from these
Democratic initiatives in the bill.
The healthcare package includes increased funding for the World Trade
Center Health Program, which will ensure our first responders and
survivors get the care and treatments we as a Nation promised them.
Democrats also fought to lower prescription drug prices by cracking
down on unfair practices by pharmacy benefit managers, as well as
guaranteeing access to no-cost generic medications for low-income
seniors and people with disabilities on Medicare.
This healthcare package had bipartisan support and was included in an
omnibus appropriation bill last year or a year ago and was suddenly
yanked by Republicans because of a tweet by Elon Musk when he was in
the President's graces. I am glad to see it will finally pass as part
of the Consolidated Appropriations Act today.
Unfortunately, Mr. Chair, Republican leaders refused to include the
Affordable Care Act enhanced premium tax credits in this bill, which
passed the House overwhelmingly earlier this month. I urge our Senate
Republican colleagues to stop stalling and extend the ACA subsidies
immediately to lower healthcare costs for millions of Americans who are
bearing the brunt of the Republican healthcare crisis.
Mr. COLE. Mr. Chair, may I inquire as to how much time is remaining.
The Acting CHAIR. The gentleman from Oklahoma has 6\1/4\ minutes
remaining.
Mr. COLE. Mr. Chair, I am prepared to close, and I reserve the
balance of my time.
Ms. DeLAURO. Mr. Chair I yield 2 minutes to the gentlewoman from
Minnesota (Ms. Craig), the distinguished ranking member of the
Agriculture Committee.
Ms. CRAIG. Mr. Chair, I thank the gentlewoman for yielding. I want to
start by thanking my colleagues in the Democratic Party who did
everything in their power to make these bills as best they could under
very difficult circumstances.
Over the past month, President Trump has made it his mission to
incite chaos and fear in Minnesota. He has taken his quest for
political retribution to our communities, and Minnesotans have paid the
price.
Through President Trump and Kristi Noem's reckless and lawless ICE
operations, the administration has targeted communities of color,
ripped families apart, detained U.S. citizens, and made it harder for
law enforcement to do their jobs. As a result, it has endangered every
single Minnesotan.
Earlier this month, the President's political stunt got a Minneapolis
mother, Renee Good, killed. That didn't prompt the President to
withdraw ICE or attempt to deescalate the unfolding situation in our
cities. Why? Because escalation isn't a symptom. It is the whole point.
I won't vote to give Kristi Noem's ICE one damn penny, but the truth
is, I refuse to play any part in this administration's cruel and
dangerous agenda. While there are certainly some important provisions
in these bills, and I commend my colleagues for working to get them to
the place that I know we are now, I can't in good faith support any
funding package that enables this administration in any way until ICE
de-escalates in Minnesota.
This is not how we operate in America. It is certainly not how we
operate in Minnesota. As Members of Congress, we must do everything in
our power to fight this administration at every turn, and that means
using the power of the purse to curb the President's executive
authority.
I urge my colleagues in this body to support me. Enough is enough.
Mr. COLE. Mr. Chair, I continue to reserve the balance of my time.
The Acting CHAIR. Members are reminded to refrain from engaging in
personalities toward the President.
{time} 1250
Ms. DeLAURO. Mr. Chair, I yield 1 minute to the gentlewoman from
Hawaii (Ms. Tokuda).
Ms. TOKUDA. Mr. Speaker, I rise today in strong support of H.R. 7148
because for rural communities like mine in Hawaii, this bill isn't
abstract policy. It is about whether people can get care and whether
caregivers can keep going.
I have met grandparents caring for grandchildren, parents caring for
children with disabilities, and adult children caring for aging loved
ones, often with no backup and no break.
That is why the 5-year reauthorization of the Lifespan Respite Care
Program in this bill, which I was proud to co-lead with Representative
Langworthy, matters so deeply. Respite care isn't a luxury. It is the
difference between a caregiver burning out and a family staying
together.
This bill also reauthorizes the Teaching Health Center GME program,
the National Health Services Corps, extends telehealth, and increases
funding for critical rural health programs. Taken together, these
investments will grow the workforce, expand access to care, and improve
health outcomes.
Providers and patients need certainty now. Rural health systems are
fragile, and delays have real consequences. Passing this bill will
change lives and save lives, and we cannot afford to wait.
[[Page H1192]]
Mr. COLE. Mr. Chair, I continue to reserve the balance of my time.
Ms. DeLAURO. Mr. Chair, I am prepared to close, and I yield myself
the balance of my time.
Mr. Chair, I am proud, really, to support this funding package
because I think it reasserts Congress' power of the purse. I think the
process of the Appropriations Committee over the last several weeks has
indicated that power of the purse resides in the Congress, and the
appropriations process is the implementation of that power of the
purse.
I commend the chair of the committee. It has been an honor to work
with him on reinstating the fact that the Constitution says that that
power of the purse resides in the Congress and that, again, we are the
implementers of that power. It rejects the Trump administration's
attempts to eviscerate public services. It establishes guardrails to
prevent executive overreach, and it protects important priorities that
make our communities safer, healthier, and more prosperous.
As the affordability crisis continues to strain family budgets, this
package provides $8.8 billion for childcare and development for that
block grant, an $85 million increase. Despite efforts by the Trump
administration to defund and dismantle health research, this bill
boosts funding for the Office of Research on Women's Health by $30
million, a roughly 40 percent increase.
While the cost of housing climbs and rent prices reach untenable
heights, this bill invests more than $66 billion in rental assistance
programs, a forceful rejection of efforts by the Trump administration
to slash this funding by 50 percent.
As we work to provide stable and affordable housing for all those who
need it, this bill increases funding for homeless assistance grants by
$366 million and protects important housing programs like the Continuum
of Care program from being unilaterally dismantled by this
administration.
This bill increases funding for medical research programs at the
Department of Defense, including $1.3 billion for Congressionally
Directed Medical Research Programs. These are research initiatives that
help develop effective treatments for service-related injuries or
conditions, as well as diseases like cancer, Alzheimer's, and
Parkinson's.
There are $1.2 trillion in Federal spending accounted for in these
bills, and through lengthy, diligent, and worthwhile negotiations,
Democrats and Republicans forged an agreement that both sides can
proudly stand behind. In an era of polarization, this is no mean feat.
I am proud of my colleagues for their work on both sides of the aisle
to craft this agreement. These are good bills, and I encourage all of
my colleagues to support them.
I yield back the balance of my time, Mr. Chair.
Mr. COLE. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I want to begin by thanking the gentlewoman, the
distinguished ranking member of the full committee. There are a lot of
things we disagree on, but we do not disagree on the importance of the
power of the purse and the Article I responsibilities of this Chamber.
My friend has worked tirelessly and with great distinction and great
effort to find common ground and to reassert the power of Congress and
the appropriations process. We would not be at the point we are today
without all of her hard work, all of her cooperation, and all of her
toughness in negotiation as well, and the distinguished staff that she
leads. Again, I just want to thank my friend for working with us to get
to this point.
Mr. Chairman, I think these are excellent bills, and I think they
have been written in a cooperative way between distinguished chairs and
ranking members of each of these subcommittees. They know their
subjects, and they work hard and well together.
My friend, the ranking member, and I have a common philosophy. We try
to push decisionmaking as far down as we can, because I can assure you,
Mr. Chairman, in each of the areas we have discussed today: Defense,
Transportation-Housing and Urban Development, and, of course, our third
bill, Labor-HHS, in all those areas, our subject experts are in the
subcommittees. They make the best decisions. Every step up you go from
there, Mr. Chair, the less informed the decisionmaker is and the more
political the decision becomes.
I thank my friend for working with me to make sure that most of these
decisions were made by the members at the subcommittee level. Only very
rarely did we have to intervene to solve issues between us.
Again, it is good work, it is important work, it is bipartisan work,
and it is bicameral work.
I would also be remiss not to thank our cooperating partners in the
other Chamber, Susan Collins of Maine, the distinguished chair of the
Senate Appropriations Committee, and her working partner, the
distinguished ranking member, Patty Murray, of Washington. All four of
us worked well together, and that is why we are at this particular
point.
Mr. Chairman, I urge my colleagues to support this bill. It is a good
bill. It is a combination of three good bills.
Mr. Chairman, I yield back the balance of my time.
Ms. LOFGREN. Mr. Chair, while I am supportive of provisions in the
minibus that would fund the Departments of Labor, Health and Human
Services, Education, Transportation, and Housing and Urban Development,
especially those pertaining to healthcare, I cannot in good conscience
endorse a spending bill that continues to explode our Defense budget.
President Trump has already shown that he is willing to use the
military against American citizens. He is also pursuing foreign
entanglements around the globe, and I will not write him a blank check
to potentially invade other countries or pit America's military against
our allies.
Ms. McCollum. Mr. Chair, I rise in support of H.R. 7148, the FY2026
Consolidated Appropriations Act. Due to the perseverance of my
Democratic colleagues, the legislation before us today protects funding
for Democratic priorities, reasserts Congress's power of the purse, and
rejects Republicans' poison pill riders.
In the Labor, Health and Human Services, and Education (LHHS-Ed)
appropriations bill, Democrats secured big wins for our public health,
our workforce, and our communities. This bill provides a $400 million
increase to the National Institutes of Health (NIH), a $1.7 billion
increase to the Centers for Disease Control (CDC), and a $364 million
increase to the Substance Abuse and Mental Health Services
Administration (SAMHSA), rebuking the deep cuts made to these agencies
in the Republican House bill. These dollars mean that the United States
will continue to provide the world with cutting edge medical research,
accurate data for health guidance and disease prevention, and support
services for those who are struggling with their mental health or
substance use. It restores funding to several programs that were
eliminated by President Trump and House Republicans, including: Firearm
Injury and Mortality Prevention Research, the Corporation for National
and Community Service, the Department of Labor's Women's Bureau, and
valuable Title X Family Planning funding. This bill increases funding
for Special Education, protects the Pell Grant, and saves the Institute
of Museum and Library Science from closing. It increases funding to
Head Start, LIHEAP, and the Social Security Administration, ensuring
that from beginning to end, Americans have the best chance at success
from preschool to post-retirement.
The fiscal year 2026 Transportation, Housing, and Urban Development
bill, which provides necessary funding to house our neighbors and build
more affordable housing. The agreement safeguards the Continuum of Care
program--a federal program that fosters a community-wide commitment to
ending homelessness--from Trump administration attacks ensuring that
members of our community are not evicted by President Trump. The
agreement also rejects the President's proposal to end the HOME
Investment Partnerships Program. This is the sole federal program that
helps communities build more affordable housing for rent and ownership.
Further, Division C of this package funds the Department of
Transportation. The bill would ensure that the Federal Aviation
Administration can hire 2,500 new air traffic controller trainees to
keep our skies safe.
While I have already spoken on the House floor in support of this
package, I would like to highlight a few provisions of the fiscal year
2026 Defense Appropriations agreement that I helped negotiate. The bill
includes several important provisions that support military personnel
and their families, including a well-deserved 3.8 percent pay increase
for our troops. Medical research programs received an increase in
funding that will help support lifesaving treatments for cancer,
disease, and service-related injuries to benefit our service members
and civilians alike. I am pleased that the bill does not include
additional funding to cover the President's illegal strikes in the
Caribbean and Venezuela. More needs to be
[[Page H1193]]
done to reign in President Trump's military interventions. Finally, the
bill reaffirms the ironclad support in Congress for the NATO alliance
and all of its 32 member states, including Denmark. I am disappointed
that we were unable to include stronger language making it clear that
President Trump needs to keep his hands off Greenland. The future of
Greenland is up to its people, and the Kingdom of Denmark, not the
President of the United States.
While these bills were not in the shape that I would have preferred,
I am thankful that we were able to come together in a bipartisan manner
to protect the American people from President Trump's most divisive
cuts. I urge my colleagues to support this bipartisan agreement.
The Acting CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule. The amendment printed in part A of House
Report 119-462 shall be considered as adopted, and the bill, as
amended, shall be considered as read.
The text of the bill, as amended, is as follows:
H.R. 7148
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2026''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2026
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
DIVISION B--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION D--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2026
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION E--AUTHORIZING EXTENDERS AND TECHNICAL CORRECTIONS
DIVISION F--HEALTH CARE EXTENDERS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in
the House section of the Congressional Record on or about
January 21, 2026, and submitted by the chair of the Committee
on Appropriations of the House, shall have the same effect
with respect to the allocation of funds and implementation of
divisions A through D of this Act as if it were a joint
explanatory statement of a committee of conference.
The explanatory statement regarding division A of H.R. 7006
of the 119th Congress, the explanatory statement regarding
division B of H.R. 7006 of the 119th Congress, and the
explanatory statement regarding division C of H.R. 7006 of
the 119th Congress, printed in the House section of the
Congressional Record on January 14, 2026, and submitted by
the chair of the Committee on Appropriations of the House,
shall each have the same effect with respect to the
allocation of funds and implementation of divisions E, F, and
G, respectively, of this Act as if they were each a joint
explanatory statement of a committee of conference.
The explanatory statement regarding H.R. 7147 of the 119th
Congress, printed in the House section of the Congressional
Record on or about January 21, 2026, and submitted by the
chair of the Committee on Appropriations of the House, shall
have the same effect with respect to the allocation of funds
and implementation of division H of this Act as if it were a
joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2026.
SEC 6. PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF
CONGRESS.
For payment to Jill Marie LaMalfa, widow of Douglas L.
LaMalfa, late a Representative from the State of California,
$174.000.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2026
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military
Retirement Fund, $54,538,366,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $40,544,559,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$16,990,389,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $38,768,392,000.
Military Personnel, Space Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Space Force on
duty as described in section 20108 of title 10, United States
Code and cadets; for members of the Reserve Officers'
Training Corps; for expenses authorized by section 16131 of
title 10, United States Code; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $1,494,342,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 7038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$5,733,696,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,712,359,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
[[Page H1194]]
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,002,925,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 9038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$2,701,115,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under sections 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $10,476,992,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under sections 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $5,467,187,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$58,249,178,000: Provided, That not to exceed $12,478,000
may be used for emergencies and extraordinary expenses, to be
expended upon the approval or authority of the Secretary of
the Army, and payments may be made upon the Secretary's
certificate of necessity for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $74,723,177,000: Provided, That not to
exceed $15,055,000 may be used for emergencies and
extraordinary expenses, to be expended upon the approval or
authority of the Secretary of the Navy, and payments may be
made upon the Secretary's certificate of necessity for
confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $10,983,917,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $61,542,591,000: Provided, That not to exceed
$8,238,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of
the Secretary of the Air Force, and payments may be made upon
the Secretary's certificate of necessity for confidential
military purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized
by law, $5,687,748,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $56,089,818,000: Provided, That not
more than $2,981,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of
the Secretary of Defense, and payments may be made upon the
Secretary's certificate of necessity for confidential
military purposes: Provided further, That of the funds
provided under this heading, not less than $60,000,000 shall
be made available for the APEX Accelerators, of which not
less than $5,000,000 shall be available for centers with
eligible entities defined in 10 U.S.C. 4951(1)(D): Provided
further, That none of the funds appropriated or otherwise
made available by this Act may be used to plan or implement
the consolidation or elimination of a budget or
appropriations liaison office of the Office of the Secretary
of Defense, the office of the Secretary of a military
department, or the service headquarters of one of the Armed
Forces into a legislative affairs or legislative liaison
office: Provided further, That of the funds provided under
this heading, not less than $86,500,000 shall be made
available to the Defense Information Systems Agency for
Defense Agencies and Field Activities network optimization
and transition costs: Provided further, That of the funds
provided under this heading, $3,121,000, to remain available
until September 30, 2027, shall be available only for
expenses relating to certain classified activities: Provided
further, That of the funds provided under this heading,
$27,693,000, to remain available until expended, shall be
available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the
same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and
maintenance funds shall not apply to the funds described in
the preceding proviso: Provided further, That of the funds
provided under this heading, $3,673,457,000, of which
$1,499,808,000, to remain available until September 30, 2027,
shall be available to provide support and assistance to
foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis
response, or other Department of Defense security cooperation
programs: Provided further, That the Secretary of Defense
shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate
on the use and status of funds made available in this
paragraph: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and
Equip Fund'', $342,516,000, to remain available until
September 30, 2027: Provided, That such funds shall be
available to the Secretary of Defense in coordination with
the Secretary of State, to provide assistance, including
training; equipment; logistics support, supplies, and
services; stipends; infrastructure repair and renovation;
construction for facility fortification and humane treatment;
and sustainment, to foreign security forces, irregular
forces, groups, or individuals participating, or preparing to
participate in activities to counter the Islamic State of
Iraq and Syria, and their affiliated or associated groups:
Provided further, That amounts made available under this
heading shall be available to provide assistance only for
activities in a country designated by the Secretary of
Defense, in coordination with the Secretary of State, as
having a security mission to counter the Islamic State of
Iraq and Syria, and following written notification to the
congressional defense committees of such designation:
Provided further, That the Secretary of Defense shall ensure
that prior to providing assistance to elements of any forces
or individuals, such elements or individuals are
appropriately vetted, including at a minimum, assessing such
elements for associations with terrorist groups or groups
associated with the Government of Iran; and receiving
commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the
Government of Iraq and other entities, to carry out
assistance authorized under this heading: Provided further,
That contributions of funds for the purposes provided herein
from any foreign government or other entity may be credited
to this Fund, to remain available until expended, and used
for such purposes: Provided further, That the Secretary of
Defense shall prioritize such contributions when providing
any assistance for construction for facility fortification:
Provided further, That the Secretary of Defense may waive a
provision of law relating to the acquisition of items and
support services or sections 40 and 40A of the Arms Export
Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines that such provision of law would prohibit,
restrict, delay or otherwise limit the provision of such
assistance and a notice of and justification for such waiver
is submitted to the congressional defense committees, the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives: Provided further,
That the United States may accept equipment procured using
funds provided under this heading, or under the heading,
``Iraq Train and Equip Fund'' in prior Acts, that was
transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria and returned by
such forces or groups to the United States, and such
equipment may be treated as stocks of the Department of
Defense upon written notification to the congressional
defense committees: Provided further, That equipment
procured using funds
[[Page H1195]]
provided under this heading, or under the heading, ``Iraq
Train and Equip Fund'' in prior Acts, and not yet transferred
to security forces, irregular forces, or groups
participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria may be treated as
stocks of the Department of Defense when determined by the
Secretary to no longer be required for transfer to such
forces or groups and upon written notification to the
congressional defense committees: Provided further, That
none of the funds made available under this heading may be
used to procure or transfer man-portable air defense systems:
Provided further, That the Secretary of Defense shall
provide quarterly reports to the congressional defense
committees on the use of funds provided under this heading,
including, but not limited to, the number of individuals
trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations
for each group, and the contributions of other countries,
groups, or individuals.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$3,258,861,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,421,774,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $319,941,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $4,246,342,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $8,578,238,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $7,267,399,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $21,243,000, of which
not to exceed $10,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $190,870,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $368,949,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $396,149,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $8,885,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $235,156,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$100,793,000, to remain available until September 30, 2027.
[[Page H1196]]
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract
or by grants, under programs and activities of the Department
of Defense Cooperative Threat Reduction Program authorized
under the Department of Defense Cooperative Threat Reduction
Act, $282,830,000, to remain available until September 30,
2028.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce
Development Account, $50,846,000: Provided, That no other
amounts may be otherwise credited or transferred to the
Account, or deposited into the Account, in fiscal year 2026
pursuant to section 1705(d) of title 10, United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$3,625,324,000, to remain available for obligation until
September 30, 2028.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$7,287,263,000, to remain available for obligation until
September 30, 2028.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $3,005,021,000, to remain available for
obligation until September 30, 2028.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$4,576,705,000, to remain available for obligation until
September 30, 2028.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$9,412,655,000, to remain available for obligation until
September 30, 2028.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $17,239,853,000, to remain available
for obligation until September 30, 2028.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$6,086,954,000, to remain available for obligation until
September 30, 2028.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,098,630,000, to remain available for obligation until
September 30, 2028.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Columbia Class Submarine, $3,928,828,000;
Columbia Class Submarine (AP), $5,350,766,000;
Carrier Replacement Program (CVN-80), $1,046,700,000;
Carrier Replacement Program (AP), $612,038,000;
Carrier Replacement Program (CVN-81), $1,622,935,000;
Virginia Class Submarine, $2,740,305,000;
Virginia Class Submarine (AP), $3,126,816,000;
CVN Refueling Overhauls, $1,579,011,000;
DDG-1000 Program, $52,358,000;
DDG-51 Destroyer, $10,773,000;
DDG-51 Destroyer (AP), $1,750,000,000;
FFG-Frigate, $100,000,000;
FF(X)-Frigate, $242,000,000;
Medium Landing Ship, $800,000,000;
TAO Fleet Oiler, $8,346,000;
TAGOS Surtass Ships, $612,205,000;
Towing, Salvage, and Rescue Ship, $141,500,000;
Ship to Shore Connector, $320,000,000;
Service Craft, $174,602,000;
Auxiliary Personnel Lighter, $79,000,000;
Auxiliary Vessels, $290,000,000;
For outfitting, post delivery, conversions, and first
destination transportation, $886,846,000; and
Completion of Prior Year Shipbuilding Programs,
$1,676,587,000.
In all: $27,151,616,000, to remain available for obligation
until September 30, 2030: Provided, That additional
obligations may be incurred after September 30, 2030, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of
ship construction: Provided further, That none of the funds
provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for
Columbia Class Submarine (AP) may be available for the
purposes authorized by subsections (f), (g), (h) or (i) of
section 2218a of title 10, United States Code, only in
accordance with the provisions of the applicable subsection.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and
[[Page H1197]]
private plants; reserve plant and Government and contractor-
owned equipment layaway, $14,693,978,000, to remain available
for obligation until September 30, 2028: Provided, That such
funds are also available for the maintenance, repair, and
modernization of ships under a pilot program established for
such purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$3,682,643,000, to remain available for obligation until
September 30, 2028.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$19,964,954,000, to remain available for obligation until
September 30, 2028.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $3,963,961,000, to remain available
for obligation until September 30, 2028.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$773,327,000, to remain available for obligation until
September 30, 2028.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $32,605,147,000, to remain available for obligation
until September 30, 2028.
Procurement, Space Force
For construction, procurement, and modification of
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment,
and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $4,036,035,000, to remain available
for obligation until September 30, 2028.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $7,142,723,000, to remain
available for obligation until September 30, 2028.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $321,923,000,
to remain available for obligation until expended, which
shall be obligated and expended by the Secretary of Defense
as if delegated the necessary authorities conferred by the
Defense Production Act of 1950.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical
and support vehicles; other weapons; and other procurement
items for the reserve components of the Armed Forces,
$800,000,000, to remain available for obligation until
September 30, 2028: Provided, That the Chiefs of National
Guard and Reserve components shall, not later than 30 days
after enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective National Guard or Reserve
component: Provided further, That none of the funds made
available by this paragraph may be used to procure manned
fixed wing aircraft, or procure or modify missiles,
munitions, or ammunition.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $16,705,760,000, to remain
available for obligation until September 30, 2027.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $28,099,776,000, to remain
available for obligation until September 30, 2027: Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $50,614,595,000, to remain
available for obligation until September 30, 2027.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $14,917,160,000, to remain
available until September 30, 2027.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary
for basic and applied scientific research, development, test
and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $35,248,875,000, to
remain available for obligation until September 30, 2027.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $336,143,000, to remain available for obligation
until September 30, 2027.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $2,126,540,000.
National Defense Stockpile Transaction Fund
For the National Defense Stockpile Transaction Fund,
$5,700,000, for activities pursuant to the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.).
[[Page H1198]]
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as
authorized by law, $41,770,246,000; of which $38,942,713,000
shall be for operation and maintenance, of which not to
exceed one percent shall remain available for obligation
until September 30, 2027, and of which up to $21,023,765,000
may be available for contracts entered into under the TRICARE
program; of which $354,821,000, to remain available for
obligation until September 30, 2028, shall be for
procurement; and of which $2,472,712,000, to remain available
for obligation until September 30, 2027, shall be for
research, development, test and evaluation: Provided, That
of the funds provided under this heading for research,
development, test and evaluation, not less than
$1,270,000,000 shall be made available to the Defense Health
Agency to carry out the congressionally directed medical
research programs: Provided further, That, notwithstanding
any other provision of law, of the amount made available
under this heading for research, development, test and
evaluation, not less than $15,000,000 shall be available for
HIV prevention educational activities undertaken in
connection with United States military training, exercises,
and humanitarian assistance activities conducted primarily in
African nations: Provided further, That the Secretary of
Defense shall submit to the congressional defense committees
quarterly reports on the current status of the electronic
health record program: Provided further, That the
Comptroller General of the United States shall perform
quarterly performance reviews of the electronic health record
program.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), $213,282,000, of which $3,243,000
shall be for operation and maintenance, of which not less
than $3,243,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $2,340,000 for activities
on military installations and $903,000, to remain available
until September 30, 2027, to assist State and local
governments; and $210,039,000, to remain available until
September 30, 2027, shall be for research, development, test
and evaluation, of which $210,039,000 shall only be for the
Assembled Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for operation and
maintenance; for procurement; and for research, development,
test and evaluation, $1,148,675,000, of which $678,737,000
shall be for counter-narcotics support; $134,938,000 shall be
for the drug demand reduction program; $305,000,000 shall be
for the National Guard counter-drug program; and $30,000,000
shall be for the National Guard counter-drug schools program:
Provided, That the funds appropriated under this heading
shall be available for obligation for the same time period
and for the same purpose as the appropriation to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $517,599,000, of which
$511,895,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended upon the approval or
authority of the Inspector General, and payments may be made
upon the Inspector General's certificate of necessity for
confidential military purposes; of which $1,079,000, to
remain available for obligation until September 30, 2028,
shall be for procurement; and of which $4,625,000, to remain
available until September 30, 2027, shall be for research,
development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $629,128,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may, with the approval of the Director of the
Office of Management and Budget, transfer not to exceed
$6,000,000,000 of working capital funds of the Department of
Defense or funds made available in this Act to the Department
of Defense for military functions (except military
construction) between such appropriations or funds or any
subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided, That
such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements,
than those for which originally appropriated and in no case
where the item for which funds are requested has been denied
by the Congress: Provided further, That the Secretary of
Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in
this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request
to the Committees on Appropriations of the House of
Representatives and the Senate for reprogramming of funds,
unless for higher priority items, based on unforeseen
military requirements, than those for which originally
appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings
of funds using authority provided in this section shall be
made prior to June 30, 2026: Provided further, That
transfers among military personnel appropriations shall not
be taken into account for purposes of the limitation on the
amount of funds that may be transferred under this section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts
and adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act and the tables
contained in the classified annex accompanying this Act, the
obligation and expenditure of amounts appropriated or
otherwise made available by this Act for those programs,
projects, and activities are hereby required by law to be
carried out in the manner provided by such tables to the same
extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 of this Act shall apply when
transfers of the amounts described in subsection (a) occur
between appropriation accounts, subject to the limitation in
subsection (c): Provided further, That the transfer amount
limitation provided in section 8005 of this Act shall not
apply to transfers of amounts described in subsection (a) if
such transfers are necessary for the proper execution of such
funds.
(c) During the current fiscal year, amounts specified in
the referenced tables in titles III and IV of this Act
described in subsection (a) may not be transferred pursuant
to section 8005 of this Act other than for proper execution
of such amounts, as provided in subsection (b).
Sec. 8007. (a) Not later than 60 days after the date of the
enactment of this Act, the
[[Page H1199]]
Department of Defense shall submit a report to the
congressional defense committees to establish the baseline
for application of reprogramming and transfer authorities for
fiscal year 2026: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense
committees, unless the Secretary of Defense certifies in
writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency
requirement: Provided, That this subsection shall not apply
to transfers from the following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used Defense
Sites''; and
(6) ``Drug Interdiction and Counter-drug Activities,
Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between
such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Director of the Office of Management and Budget,
except that such transfers may not be made unless the
Secretary of Defense has notified the Congress of the
proposed transfer: Provided further, That except in amounts
equal to the amounts appropriated to working capital funds in
this Act, no obligations may be made against a working
capital fund to procure or increase the value of war reserve
material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate, or materially modify the scope of, a special
access program without prior notification 30 calendar days in
advance to the congressional defense committees.
Sec. 8010. (a) None of the funds made available to the
Department of Defense for this fiscal year or any prior
fiscal year shall be available to initiate: (1) a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year of the contract or that
includes an unfunded contingent liability in excess of
$20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one
year, unless the congressional defense committees have been
notified at least 30 days in advance of the proposed contract
award: Provided, That no part of any appropriation made
available to the Department of Defense for this fiscal year
or any prior fiscal year shall be available to initiate a
multiyear contract for which the economic order quantity
advance procurement is not funded at least to the limits of
the Government's liability: Provided further, That no part
of any appropriation made available to the Department of
Defense for this fiscal year or any prior fiscal year shall
be available to initiate multiyear procurement contracts for
any systems or component thereof if the value of the
multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 30-
day prior notification to the congressional defense
committees: Provided further, That the execution of
multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual
procurement.
(b) None of the funds made available to the Department of
Defense for this fiscal year or any prior fiscal year may be
used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such
contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit
to be procured through the contract for which procurement
funds are requested in that budget request for production
beyond advance procurement activities in the fiscal year
covered by the budget, full funding of procurement of such
unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units
to be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure.
(c) Concurrent with the annual budget submission of the
President for fiscal year 2027 pursuant to section 1105(a) of
title 31, United States Code, that is in compliance with
subsection (b)(1), and notwithstanding subsection (b)(4)(B)
of section 804 of the National Defense Authorization Act for
Fiscal Year 2026 (Public Law 119-60), funds appropriated to
the Department of Defense in title III of this Act or in any
other provision of law may be used for multiyear procurement
contracts, for a period of not more than five years, as
follows: Standard Missile-6; Long Range Anti-Ship Missile;
Joint Air-to-Surface Standoff Missile Extended Range;
Advanced Medium-Range Air-to-Air Missile; and Standard
Missile-3 Block 1B; and for a period of not more than seven
years, as follows: PATRIOT Advanced Capability-3 Missile
Segment Enhancement; Terminal High Altitude Area Defense; and
Tomahawk Cruise Missile Systems: Provided, That until such
submission is provided to the congressional defense
committees, to include P-1 and R-1 budget justification
documents, which shall identify the allocation of funds by
program, project, and activity, none of the funds made
available to the Department of Defense for this fiscal year
or any prior fiscal year may be obligated or expended to
enter into any multiyear procurement contracts: Provided
further, That before entering into a multiyear procurement
contract for Tomahawk Cruise Missile Systems, Joint Air-to-
Surface Standoff Missile Extended Range, or Standard Missile-
6, the Secretary of Defense shall certify in writing to the
congressional defense committees that such action is in the
national security interests of the United States.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code: Provided,
That such funds may also be obligated for humanitarian and
civic assistance costs incidental to authorized operations
and pursuant to authority granted in section 401 of title 10,
United States Code, and these obligations shall be reported
as required by section 401(d) of title 10, United States
Code: Provided further, That funds available for operation
and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the
Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of
Free Association as authorized by Public Law 99-239:
Provided further, That upon a determination by the Secretary
of Defense that such action is beneficial for graduate
medical education programs conducted at Defense Health Agency
medical facilities located in Hawaii, the Secretary of
Defense may authorize the provision of medical services at
such facilities and transportation to such facilities, on a
nonreimbursable basis, for civilian patients from American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau,
and Guam.
Sec. 8012. None of the funds appropriated by this or any
other Act, including prior year Acts, may be used to obligate
and expend funds in the Defense Modernization Account made
available in accordance with subsection (c) of section 3136
of title 10, United States Code, except for the purposes
described in paragraphs (d)(1) through (d)(4): Provided,
That any program increases, as detailed in the tables titled
Explanation of Project Level Adjustments in the explanatory
statement regarding this Act, may not be transferred to the
Defense Modernization Account pursuant to subsection (c) of
section 3136 of title 10, United States Code.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8014. None of the funds available in this Act to the
Department of Defense, other than appropriations made for
necessary or routine refurbishments, upgrades, or maintenance
activities, shall be used to reduce or to prepare to reduce
the number of deployed and non-deployed strategic delivery
vehicles and launchers below the levels set forth in the
report submitted to Congress in accordance with section 1042
of the National Defense Authorization Act for Fiscal Year
2012.
(transfer of funds)
Sec. 8015. (a) Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Program
may be transferred to any other appropriation contained in
this Act solely for the purpose of implementing a Mentor-
Protege Program developmental assistance agreement pursuant
to section 4902 of title 10, United States Code, under the
authority of this provision or any other transfer authority
contained in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for fiscal
year 2027 (as
[[Page H1200]]
submitted to Congress pursuant to section 1105 of title 31,
United States Code) a description of each transfer under this
section that occurred during the last fiscal year before the
fiscal year in which such budget is submitted.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain unless the anchor and mooring chain are
manufactured in the United States from components which are
substantially manufactured in the United States: Provided,
That for the purpose of this section, the term
``manufactured'' shall include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That
for the purpose of this section substantially all of the
components of anchor and mooring chain shall be considered to
be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in
the United States exceeds the aggregate cost of the
components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the Service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives
and the Senate that such an acquisition must be made in order
to acquire capability for national security purposes.
Sec. 8017. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located: Provided, That, in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8018. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that
are not otherwise prohibited from commercial sale under
Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or
designee as unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8020. Of the funds made available in this Act under
the heading ``Procurement, Defense-Wide'', $24,613,000 shall
be available only for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C.
1544): Provided, That a prime contractor or a subcontractor
at any tier that makes a subcontract award to any
subcontractor or supplier as defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition
of supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
Sec. 8021. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the
Air Force, without consideration, to Indian tribes located in
the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, Minnesota, and Washington relocatable
military housing units located at Grand Forks Air Force Base,
Malmstrom Air Force Base, Mountain Home Air Force Base,
Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be
subject to the condition that the housing units shall be
removed within a reasonable period of time, as determined by
the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public
Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8022. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $12,000,000 may be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8023. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8024. Of the amounts appropriated for ``Working
Capital Fund, Army'', $100,000,000 shall be available to
maintain competitive rates at the arsenals.
Sec. 8025. (a) Of the funds made available in this Act, not
less than $79,000,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $57,900,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-
drug activities, and drug demand reduction activities
involving youth programs;
(2) $17,800,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $3,300,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and
local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other nonprofit entities.
(b) Except when acting in a technical advisory capacity, no
member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, or any entity that
contracts with the Federal government to manage or operate
one or more FFRDCs, or any paid consultant to a defense FFRDC
shall receive funds appropriated by this Act as compensation
for services as a member of such entity: Provided, That a
member of any such entity shall be allowed travel expenses
and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership
duties: Provided further, That except when acting in a
technical advisory capacity, no paid consultant shall receive
funds appropriated by this Act as compensation by more than
one FFRDC in a calendar year.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, for payment
of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds appropriated in this Act, not more than $2,886,300,000
may be funded for professional technical staff-related costs
of the defense FFRDCs: Provided, That within such funds, not
more than $461,300,000 shall be available for the defense
studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the
National Intelligence Program and the Military Intelligence
Program: Provided further, That the Secretary of Defense
shall, with the submission of the department's fiscal year
2027 budget request, submit a report presenting the specific
amounts of staff years of technical effort to be allocated
for each defense FFRDC by program
[[Page H1201]]
during that fiscal year and the associated budget estimates,
by appropriation account and program.
Sec. 8027. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives,
and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
Sec. 8028. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8029. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8030. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 4658 of
title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8031. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy,
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8032. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2026. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreements Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8033. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial products'',
as defined by section 103 of title 41, United States Code,
except that the restriction shall apply to ball or roller
bearings purchased as end items.
Sec. 8034. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $50,000,000, to
remain available until September 30, 2027, shall be available
to the Secretary of Defense, in coordination with the
Secretary of State, to provide assistance to the Lebanese
Armed Forces, including training, equipment, logistics
support, supplies and services, stipends, infrastructure
repair and renovation, and sustainment: Provided, That the
Secretary of Defense shall ensure that the Lebanese Armed
Forces are vetted prior to providing assistance, including at
a minimum, assessing for associations with terrorist groups
and receiving a commitment to promote respect for human
rights and the rule of law: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to
obligating the funds provided in this section, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense may waive a provision of law relating to the
acquisition of items and support services or sections 40 and
40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785)
if the Secretary determines that such provision of law would
prohibit, restrict, delay or otherwise limit the provision of
such assistance and a notice of and justification for such
waiver is submitted to the congressional defense committees,
the Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives: Provided further,
That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees on the use of funds
provided in this section, including, but not limited to, the
number of individuals trained within the Lebanese Armed
Forces, the nature and scope of support and sustainment
provided to the Lebanese Armed Forces, the area of operations
for the Lebanese Armed Forces, and the contributions of other
countries, groups, or individuals.
Sec. 8035. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8036. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 4851 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
XI (chapters 50-65) of the Harmonized Tariff Schedule of the
United States and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105,
8108, 8109, 8211, 8215, and 9404.
Sec. 8037. None of the funds made available in this Act,
or any subsequent Act making appropriations for the
Department of Defense, may be used for the purchase or
manufacture of a flag of the United States unless such flags
are treated as covered items under section 4862(b) of title
10, United States Code.
Sec. 8038. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account shall be available until
expended for the payments specified by section 2687a(b)(2) of
title 10, United States Code.
Sec. 8039. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more
[[Page H1202]]
than $350,000: Provided, That upon determination by the
Secretary of Defense that such action is necessary to meet
the operational requirements of a Commander of a Combatant
Command engaged in a named contingency operation overseas,
such funds may be used to purchase items having an investment
item unit cost of not more than $500,000.
Sec. 8040. Up to $16,809,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative
Program for the purpose of enabling the United States Indo-
Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of
incremental and personnel costs of training and exercising
with foreign security forces: Provided, That funds made
available for this purpose may be used, notwithstanding any
other funding authorities for humanitarian assistance,
security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise
prohibited from receiving such type of assistance under any
other provision of law.
Sec. 8041. The Secretary of Defense shall issue
regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United
States, its territories and possessions at a price below the
most competitive price in the local community: Provided,
That such regulations shall direct that the prices of tobacco
or tobacco-related products in overseas military retail
outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8042. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2027 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2027 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2027 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8043. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2027: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior fiscal
year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the
Central Intelligence Agency for advanced research and
development acquisition, for agent operations, and for covert
action programs authorized by the President under section 503
of the National Security Act of 1947 (50 U.S.C. 3093) shall
remain available until September 30, 2027: Provided further,
That any funds appropriated or transferred to the Central
Intelligence Agency for the construction, improvement, or
alteration of facilities, including leased facilities, to be
used primarily by personnel of the intelligence community,
shall remain available until September 30, 2028.
Sec. 8044. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the Department of Defense who is
transferred or reassigned from a headquarters activity if the
member or employee's place of duty remains at the location of
that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the
waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities
and to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and
Mortuary Operations for the Department of Defense and
authorized Federal entities.
Sec. 8045. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of
Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract;
or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits
for civilian employees under chapter 89 of title 5, United
States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement,
or policy to the contrary shall have full authority to enter
into a contract for the performance of any commercial or
industrial type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined in
section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be
established by statute, regulation, or policy and is deemed
to be awarded under the authority of, and in compliance with,
subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial
activities.
(rescissions)
Sec. 8046. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985:
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2020/
2031, $240,245,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2022/
2026, $418,624,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2023/
2027, $483,391,000;
``Cooperative Threat Reduction Account'', 2024/2026,
$33,936,000;
``Other Procurement, Army'', 2024/2026, $15,000,000;
``Weapons Procurement, Navy'', 2024/2026, $2,943,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2024/
2028, $1,271,572,000;
``Aircraft Procurement, Air Force'', 2024/2026,
$25,397,000;
``Missile Procurement, Air Force'', 2024/2026, $41,189,000;
``Procurement, Space Force'', 2024/2026, $107,100,000;
``Defense Health Program'', 2024/2026, $10,473,000;
``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', 2025/2026, $50,000,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army'', 2025/2027, $452,647,000;
``Other Procurement, Army'', 2025/2027, $119,887,000;
``Aircraft Procurement, Navy'', 2025/2027, $155,711,000;
``Weapons Procurement, Navy'', 2025/2027, $200,272,000;
``Shipbuilding and Conversion, Navy: FFG-Frigate'', 2025/
2029, $151,230,000;
[[Page H1203]]
``Aircraft Procurement, Air Force'', 2025/2027,
$193,555,000;
``Missile Procurement, Air Force'', 2025/2027,
$209,045,000;
``Other Procurement, Air Force'', 2025/2027, $186,638,000;
``Procurement, Space Force'', 2025/2027, $339,196,000;
``Procurement, Defense-Wide'', 2025/2027, $11,807,000;
``Research, Development, Test and Evaluation, Army'', 2025/
2026, $178,735,000;
``Research, Development, Test and Evaluation, Navy'', 2025/
2026, $82,461,000;
``Research, Development, Test and Evaluation, Air Force'',
2025/2026, $329,435,000;
``Research, Development, Test and Evaluation, Space
Force'', 2025/2026, $370,149,000; and
``Defense Modernization Account , Defense-Wide'', 2025/
2028, $28,249,000.
Sec. 8047. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a
direct result of a reduction in military force structure.
Sec. 8048. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea
unless specifically appropriated for that purpose: Provided,
That this restriction shall not apply to any activities
incidental to the Defense POW/MIA Accounting Agency mission
to recover and identify the remains of United States Armed
Forces personnel from the Democratic People's Republic of
Korea.
Sec. 8049. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
Sec. 8050. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $49,000,000
is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of
Defense that it shall serve the national interest, the
Secretary shall make grants in the amounts specified as
follows: $24,000,000 to the United Service Organizations and
$25,000,000 to the Red Cross.
Sec. 8051. Notwithstanding any other provision in this
Act, the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides shall
be taken proportionally from all programs, projects, or
activities to the extent they contribute to the extramural
budget. The Secretary of each military department, the
Director of each Defense Agency, and the head of each other
relevant component of the Department of Defense shall submit
to the congressional defense committees, concurrent with
submission of the budget justification documents to Congress
pursuant to section 1105 of title 31, United States Code, a
report with a detailed accounting of the Small Business
Innovation Research program and the Small Business Technology
Transfer program set-asides taken from programs, projects, or
activities within such department, agency, or component
during the most recently completed fiscal year.
Sec. 8052. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8053. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8054. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8055. (a) None of the funds appropriated or otherwise
made available by this or prior Acts may be obligated or
expended to retire, prepare to retire, or place in storage or
on backup aircraft inventory status any C-40 aircraft.
(b) The limitation under subsection (a) shall not apply to
an individual C-40 aircraft that the Secretary of the Air
Force determines, on a case-by-case basis, to be no longer
mission capable due to a Class A mishap.
(c) If the Secretary determines under subsection (b) that
an aircraft is no longer mission capable, the Secretary shall
submit to the congressional defense committees a
certification in writing that the status of such aircraft is
due to a Class A mishap and not due to lack of maintenance,
repairs, or other reasons.
(d) Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the necessary
steps taken by the Department of Defense to meet the travel
requirements for official or representational duties of
members of Congress and the Cabinet in fiscal years 2026 and
2027.
Sec. 8056. (a) None of the funds appropriated in title IV
of this Act may be used to procure end-items for delivery to
military forces for operational training, operational use, or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping in
accordance with an approved test strategy, and test
activities preceding and leading to acceptance for
operational use.
(b) If the number of end-items budgeted with funds
appropriated in title IV of this Act exceeds the number
required in an approved test strategy, the Under Secretary of
Defense (Research and Engineering) and the Under Secretary of
Defense (Acquisition and Sustainment), in coordination with
the responsible Service Acquisition Executive, shall certify
in writing to the congressional defense committees that there
is a bonafide need for the additional end-items at the time
of submittal to Congress of the budget of the President for
fiscal year 2027 pursuant to section 1105 of title 31, United
States Code: Provided, That this restriction does not apply
to programs funded within the National Intelligence Program.
(c) The Secretary of Defense shall, at the time of the
submittal to Congress of the budget of the President for
fiscal year 2027 pursuant to section 1105 of title 31, United
States Code, submit to the congressional defense committees a
report detailing the use of funds requested in research,
development, test and evaluation accounts for end-items used
in development, prototyping and test activities preceding and
leading to acceptance for operational use: Provided, That
the report shall set forth, for each end item covered by the
preceding proviso, a detailed list of the statutory
authorities under which amounts in the accounts described in
that proviso were used for such item: Provided further, That
the Secretary of Defense shall, at the time of the submittal
to Congress of the budget of the President for fiscal year
2027 pursuant to section 1105 of title 31, United States
Code, submit to the congressional defense committees a
certification that funds requested for fiscal year 2027 in
research, development, test and evaluation accounts are in
compliance with this section: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Subcommittees on
Defense of the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8057. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8058. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start Defense Innovation Acceleration (PE 0603838D8Z) or
Rapid Prototyping Program (PE 0604331D8Z) demonstration
project with a value of more than $5,000,000 may only be
obligated 15 days after a report, including a description of
the project, the planned acquisition and transition strategy
and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8059. The Secretary of Defense shall continue to
provide a classified quarterly report to the Committees on
Appropriations of the House of Representatives and the
Senate, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
Sec. 8060. Notwithstanding section 12310(b) of title 10,
United States Code, a servicemember who is a member of the
National Guard serving on full-time National Guard duty under
section 502(f) of title 32, United States Code, may perform
duties in support of the ground-based elements of the
National Ballistic Missile Defense System.
[[Page H1204]]
Sec. 8061. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', ``armor-piercing
incendiary tracer (API-T)'', ``general purpose (GP)'',
``special purpose (SP)'' except 9mm, or ``enhanced
performance round (EPR)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that the above
listed projectiles are either: (1) rendered incapable of
reuse by the demilitarization process; or (2) used to
manufacture ammunition pursuant to a contract with the
Department of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of
State.
Sec. 8062. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or their designee, may
waive payment of all or part of the consideration that
otherwise would be required under section 2667 of title 10,
United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United
States Code, or any other youth, social, or fraternal
nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or their designee, on a case-by-case
basis.
(including transfer of funds)
Sec. 8063. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $218,015,597
shall remain available until expended: Provided, That,
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum
extent consistent with the national security, as determined
by the Secretary of Defense.
Sec. 8064. (a) None of the funds appropriated in this or
any other Act, including prior year Acts, may be used to
implement a change to--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to
prohibit the merger of programs or changes to the National
Intelligence Program budget at or below the Expenditure
Center level, provided such change is otherwise in accordance
with subsection (a).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly study and develop detailed proposals
for alternative budget presentation and appropriation
accounts. Such study shall include a comprehensive
counterintelligence risk assessment to ensure that none of
the alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined
under subsection (c), the Director of National Intelligence
and the Secretary of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
(2) receive certification from all affected agencies
attesting that the proposed alternatives will not adversely
affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense
and intelligence committees.
(including transfer of funds)
Sec. 8065. In addition to amounts made available elsewhere
in this Act, $25,000,000 is hereby appropriated to the
Department of Defense and made available for transfer to
operation and maintenance accounts, procurement accounts, and
research, development, test and evaluation accounts only for
those efforts by the Commander, United States Africa Command
to expand cooperation, share operational information, advance
interoperability, or improve the capabilities of our allies
and partners in their area of operation: Provided, That none
of the funds provided under this section may be obligated or
expended until 30 days after the Secretary of Defense
provides to the congressional defense committees an execution
plan: Provided further, That not less than 15 days prior to
any transfer of funds, the Secretary of Defense shall notify
the congressional defense committees of the details of any
such transfer: Provided further, That upon transfer, the
funds shall be merged with and available for the same
purposes, and for the same time period, as the appropriation
to which transferred: Provided further, That the transfer
authority provided under this section is in addition to any
other transfer authority provided elsewhere in this Act.
(including transfer of funds)
Sec. 8066. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II
of this Act for ``Operation and Maintenance, Army'',
``Operation and Maintenance, Navy'', and ``Operation and
Maintenance, Air Force'' may be transferred by the military
department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title
10, United States Code.
(including transfer of funds)
Sec. 8067. In addition to amounts provided elsewhere in
this Act, $5,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision
of law, that upon the determination of the Secretary of
Defense that it shall serve the national interest, these
funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family
members when confronted with the illness or hospitalization
of an eligible military beneficiary.
(including transfer of funds)
Sec. 8068. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for
transfer to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105).
Sec. 8069. None of the funds available to the Department
of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned
to the Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain
in force until a written modification has been proposed to
the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the
proposed modification may be implemented 30 days after the
notification unless an objection is received from either the
House or Senate Appropriations Committees: Provided further,
That any proposed modification shall not preclude the ability
of the commander of United States Indo-Pacific Command to
meet operational requirements.
Sec. 8070. Any notice that is required to be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate under section 3601 of title
10, United States Code, as added by section 804(a) of the
James M. Inhofe National Defense Authorization Act for Fiscal
Year 2023 shall be submitted pursuant to that requirement
concurrently to the Subcommittees on Defense of the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 8071. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$500,000,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $60,000,000 shall be for the
Secretary of Defense to provide to the Government of Israel
for the procurement of the Iron Dome defense system to
counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended;
$127,000,000 shall be for the Short Range Ballistic Missile
Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program; $40,000,000
shall be for co-production activities of SRBMD systems in the
United States and in Israel to meet Israel's defense
requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production
agreement for SRBMD, as amended; $100,000,000 shall be for an
upper-tier component to the Israeli Missile Defense
Architecture, of which $100,000,000 shall be for co-
production activities of Arrow 3 Upper Tier systems in the
United States and in Israel to meet Israel's defense
requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production
agreement for Arrow 3 Upper Tier, as amended; and
$173,000,000 shall be for the Arrow System Improvement
Program including development of a long range, ground and
airborne, detection suite.
Sec. 8072. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$1,676,587,000 shall be available until September 30, 2026,
to fund prior year shipbuilding cost increases for the
following programs:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2013/2026: Carrier Replacement Program, $150,000,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2026: Virginia Class Submarine Program,
$121,538,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2026: DDG 51 Program, $14,892,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2026: Virginia Class Submarine Program,
$99,116,000;
[[Page H1205]]
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2026: DDG 51 Program, $62,365,000;
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2017/2026: LHA Replacement Program, $93,603,000;
(7) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2026: Virginia Class Submarine Program,
$289,761,000;
(8) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2026: DDG 51 Program, $104,238,000;
(9) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2026: LPD Flight II Program, $93,442,000;
(10) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2026: Oceanographic Ships Program, $6,015,000;
(11) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2026: Littoral Combat Ship Program, $5,766,000;
(12) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2026: T-AO Fleet Oiler Program, $15,400,000;
(13) Under the heading ``Shipbuilding and Conversion,
Navy'', 2019/2026: Ship to Shore Connector Program,
$15,480,000;
(14) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2026: CVN Refueling Overhauls, $483,100,000;
(15) Under the heading ``Shipbuilding and Conversion,
Navy'', 2020/2026: T-AO Fleet Oiler Program, $48,260,000;
(16) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2026: T-AO Fleet Oiler Program, $19,650,000;
(17) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2026: Expeditionary Sea Base Program,
$30,000,000;
(18) Under the heading ``Shipbuilding and Conversion,
Navy'', 2022/2026: Expeditionary Fast Transport Program,
$11,231,000;
(19) Under the heading ``Shipbuilding and Conversion,
Navy'', 2023/2026: T-AO Fleet Oiler Program, $6,530,000; and
(20) Under the heading ``Shipbuilding and Conversion,
Navy'', 2024/2026: T-AO Fleet Oiler Program, $6,200,000.
Sec. 8073. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities and intelligence-related activities
not otherwise authorized in the Intelligence Authorization
Act for Fiscal Year 2026 are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094).
Sec. 8074. None of the funds provided in this Act shall be
available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new
program, project, or activity unless such program, project,
or activity must be undertaken immediately in the interest of
national security and only after written prior notification
to the congressional defense committees.
Sec. 8075. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8076. None of the funds made available by this Act
may be obligated or expended for the purpose of
decommissioning more than one Littoral Combat Ship.
(including transfer of funds)
Sec. 8077. The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation
(except military construction) to any available Navy ship
construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market
fluctuations, or rate adjustments for any ship construction
program appropriated in law: Provided, That the Secretary
may transfer not to exceed $40,000,000 under the authority
provided by this section: Provided further, That the
Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on
Appropriations of the House of Representatives and the
Senate, unless a response from the Committees is received
sooner: Provided further, That any funds transferred
pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided
further, That the transfer authority provided under this
section is in addition to any other transfer authority
contained elsewhere in this Act: Provided further, That the
transfer authority provided by this section expires on
September 30, 2030.
Sec. 8078. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in
this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-
hurricane season.
Sec. 8079. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign
intelligence activities: Provided, That information
pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment
of the United States Constitution as implemented through
Executive Order No. 12333.
Sec. 8080. None of the funds appropriated by this Act for
programs of the Office of the Director of National
Intelligence shall remain available for obligation beyond the
current fiscal year, except for funds appropriated for
research and technology, which shall remain available until
September 30, 2027.
Sec. 8081. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8082. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2026:
Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8083. Any transfer of amounts appropriated to the
Department of Defense Acquisition Workforce Development
Account in or for fiscal year 2026 to a military department
or Defense Agency pursuant to section 1705(e)(1) of title 10,
United States Code, shall be covered by and subject to
section 8005 of this Act.
Sec. 8084. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the
Act unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national
security requirements.
Sec. 8085. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
Sec. 8086. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or
arising out of sexual assault or harassment, including
assault and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
[[Page H1206]]
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires
each covered subcontractor to agree not to enter into, and
not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of
subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes of this subsection, a ``covered subcontractor'' is
an entity that has a subcontract in excess of $1,000,000 on a
contract subject to subsection (a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid
harm to national security interests of the United States, and
that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall
set forth with specificity the grounds for the waiver and for
the contract or subcontract term selected, and shall state
any alternatives considered in lieu of a waiver and the
reasons each such alternative would not avoid harm to
national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and
simultaneously make public, any determination under this
subsection not less than 15 business days before the contract
or subcontract addressed in the determination may be awarded.
(including transfer of funds)
Sec. 8087. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $165,000,000, shall be available for transfer
to the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance
with the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated
as a combined Federal medical facility as described by
section 706 of Public Law 110-417: Provided further, That
additional funds may be transferred from funds appropriated
for operation and maintenance for the Defense Health Program
to the Joint Department of Defense--Department of Veterans
Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Defense to the Committees on
Appropriations of the House of Representatives and the
Senate.
Sec. 8088. Notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles,
appropriations available to the Department of Defense may be
used for the purchase of: (1) heavy and light armored
vehicles for the physical security of personnel or for force
protection purposes up to a limit of $450,000 per vehicle;
and (2) passenger motor vehicles up to a limit of $75,000 per
vehicle for use by military and civilian employees of the
Department of Defense in the United States Central Command
area of responsibility.
(including transfer of funds)
Sec. 8089. Upon a determination by the Director of
National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of
the Director of the Office of Management and Budget, transfer
not to exceed $1,500,000,000 of the funds made available in
this Act for the National Intelligence Program: Provided,
That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence
requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a
request for multiple reprogrammings of funds using authority
provided in this section shall be made prior to June 30,
2026.
Sec. 8090. Of the amounts appropriated in this Act for
``Shipbuilding and Conversion, Navy'', $290,000,000, to
remain available for obligation until September 30, 2030, may
be used for the purchase of two used sealift vessels for the
National Defense Reserve Fleet, established under section 11
of the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100):
Provided, That such amounts are available for reimbursements
to the Ready Reserve Force, Maritime Administration account
of the United States Department of Transportation for
programs, projects, activities, and expenses related to the
National Defense Reserve Fleet: Provided further, That
notwithstanding section 2218 of title 10, United States Code,
none of these funds shall be transferred to the National
Defense Sealift Fund for execution.
Sec. 8091. The Secretary of Defense shall post grant
awards on a public website in a searchable format.
Sec. 8092. None of the funds made available by this Act
may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States
Code) of any electronic communication of a United States
person from a provider of electronic communication services
to the public pursuant to section 501 of the Foreign
Intelligence Surveillance Act of 1978.
Sec. 8093. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for
in Department of Defense Appropriations Acts, or provisions
of Acts providing supplemental appropriations for the
Department of Defense.
Sec. 8094. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $785,052,000, to remain
available until expended, may be used for any purposes
related to the National Defense Reserve Fleet established
under section 11 of the Merchant Ship Sales Act of 1946 (46
U.S.C. 57100): Provided, That such amounts are available for
reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and
expenses related to the National Defense Reserve Fleet.
Sec. 8095. (a) None of the funds provided in this Act for
the TAO Fleet Oiler program shall be used to award a new
contract that provides for the acquisition of the following
components unless those components are manufactured in the
United States: Auxiliary equipment (including pumps) for
shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; spreaders
for shipboard cranes; and anchor chains, specifically for the
seventh and subsequent ships of the fleet.
(b) None of the funds provided in this Act for any Frigate
program shall be used to award a new contract that provides
for the acquisition of the following components unless those
components are manufactured in the United States: Air circuit
breakers; gyrocompasses; electronic navigation chart systems;
steering controls; pumps; propulsion and machinery control
systems; totally enclosed lifeboats; auxiliary equipment
pumps; shipboard cranes; auxiliary chill water systems; and
propulsion propellers: Provided, That the Secretary of the
Navy shall incorporate United States manufactured propulsion
engines and propulsion reduction gears into any Frigate
program beginning not later than with the eleventh ship of
the program.
Sec. 8096. None of the funds provided in this Act for
requirements development, performance specification
development, concept design and development, ship
configuration development, systems engineering, naval
architecture, marine engineering, operations research
analysis, industry studies, preliminary design, development
of the Detailed Design and Construction Request for Proposals
solicitation package, or related activities for the T-ARC(X)
Cable Laying and Repair Ship or the T-AGOS(X) Oceanographic
Surveillance Ship may be used to award a new contract for
such activities unless these contracts include specifications
that all auxiliary equipment, including pumps and propulsion
shafts, are manufactured in the United States.
Sec. 8097. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense
Acquisition Workforce Development Account may be transferred
to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016.
Sec. 8098. None of the funds made available by this Act
may be used for Government Travel Charge Card expenses by
military or civilian personnel of the Department of Defense
for gaming, or for entertainment that includes topless or
nude entertainers or participants, as prohibited by
Department of Defense FMR, Volume 9, Chapter 3 and Department
of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8099. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities, or
for any activity necessary for the national defense,
including intelligence activities.
Sec. 8100. None of the funds provided for, or otherwise
made available, in this or any other Act, may be obligated or
expended by the Secretary of Defense to provide motorized
vehicles, aviation platforms, munitions other than small arms
and munitions appropriate for customary ceremonial honors,
[[Page H1207]]
operational military units, or operational military platforms
if the Secretary determines that providing such units,
platforms, or equipment would undermine the readiness of such
units, platforms, or equipment.
Sec. 8101. (a) None of the funds made available by this or
any other Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with,
make a grant to, or provide a loan or loan guarantee to any
corporation that has any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not
being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting such tax liability,
provided that the applicable Federal agency is aware of the
unpaid Federal tax liability.
(b) Subsection (a) shall not apply if the applicable
Federal agency has considered suspension or debarment of the
corporation described in such subsection and has made a
determination that such suspension or debarment is not
necessary to protect the interests of the Federal Government.
Sec. 8102. (a) Amounts appropriated under title IV of this
Act, as detailed in budget activity eight in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act, may be used for
expenses for the agile research, development, test and
evaluation, procurement, production, modification, and
operation and maintenance, only for the following Software
and Digital Technology Pilot programs--
(1) Defensive CYBER--Software Prototype Development (PE
0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command and Control (PE 0608231N);
(4) Space Domain Awareness/Planning/Tasking SW (PE
1208248SF);
(5) Global Command and Control System (PE 0303150K);
(6) Acquisition Visibility (PE 0608648D8Z);
(7) Enterprise Platforms and Capabilities--Software Pilot
Program (PE 0608140D8Z); and
(8) Accelerate the Procurement and Fielding of Innovative
Technologies (APFIT) (PE 0000000D8Z).
(b) None of the funds appropriated by this or prior
Department of Defense Appropriations Acts may be obligated or
expended to initiate additional Software and Digital
Technology Pilot Programs in fiscal year 2026.
Sec. 8103. None of the funds appropriated or otherwise
made available by this Act may be used to transfer the
National Reconnaissance Office to the Space Force: Provided,
That nothing in this Act shall be construed to limit or
prohibit cooperation, collaboration, and coordination between
the National Reconnaissance Office and the Space Force or any
other elements of the Department of Defense.
Sec. 8104. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on
December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title
22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes
in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109-148).
Sec. 8105. None of the funds made available by this Act
may be used to provide arms, training, or other assistance to
the Azov Battalion.
Sec. 8106. The Secretary of Defense may, in this fiscal
year and each fiscal year thereafter, accept and retain
contributions, including money, personal property, and
services, from foreign governments and other entities, to
carry out assistance authorized by section 1250 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92): Provided, That such contributions
received shall be available to the Secretary of Defense, with
the concurrence of the Secretary of State, to provide
assistance authorized by such section, for replacement of any
weapons or articles provided to entities described in
subparagraphs (A) and (B) of subsection (a)(1) of such
section from the inventory of the United States, and to
recover or dispose of equipment previously provided to such
entities: Provided further, That the Secretary of Defense
shall consult with the congressional defense committees in
advance of the provision of support provided to forces or
groups described in subparagraph (B) of such subsection:
Provided further, That the Secretary of Defense shall notify
the congressional defense committees in writing upon the
receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and
the specific use of such contributions: Provided further,
That any notification of obligation of funds received in this
section shall specify an estimated timeline for the delivery
of defense articles and defense services provided and shall
identify if any equipment provided requires enhanced end-use
monitoring: Provided further, That contributions of money
for the purposes provided herein from any foreign government
or other entity may be credited to the Operation and
Maintenance, Defense-Wide account, to remain available for
the following two fiscal years, and used for such purposes:
Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on
the use and status of funds received pursuant to this
section.
Sec. 8107. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That, such contributions
shall, upon receipt, be credited to the appropriations or
fund which incurred such obligations.
Sec. 8108. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $1,499,808,000, to
remain available until September 30, 2027, shall be available
for International Security Cooperation Programs and other
programs to provide support and assistance to foreign
security forces or other groups or individuals to conduct,
support or facilitate counterterrorism, crisis response, or
building partner capacity programs: Provided, That the
Secretary of Defense shall, not less than 15 days prior to
obligating funds made available in this section, notify the
congressional defense committees in writing of the details of
any planned obligation: Provided further, That the Secretary
of Defense shall provide quarterly reports to the Committees
on Appropriations of the House of Representatives and the
Senate on the use and status of funds made available in this
section.
Sec. 8109. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $267,298,000, to
remain available until September 30, 2027, shall be available
for support authorized by subparagraphs (A) through (E) and
(G) through (I) of section 1226(a)(1) of the National Defense
Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note),
of which not less than $150,000,000 shall be for Jordan:
Provided, That the Secretary of Defense shall, not less than
15 days prior to obligating funds made available under this
section, notify the congressional defense committees in
writing of the details of any planned obligation and the
nature of the expenses incurred: Provided further, That the
Secretary of Defense shall provide quarterly reports to the
Committees on Appropriations of the House of Representatives
and the Senate on the use and status of funds made available
in this section.
Sec. 8110. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8111. None of the funds made available by this Act
for excess defense articles, assistance under section 333 of
title 10, United States Code, or peacekeeping operations for
the countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008
(Public Law 110-457; 22 U.S.C. 2370c-1) may be used to
support any military training or operation that includes
child soldiers, as defined by the Child Soldiers Prevention
Act of 2008, unless such assistance is otherwise permitted
under section 404 of the Child Soldiers Prevention Act of
2008.
Sec. 8112. None of the funds made available by this Act
may be made available for any member of the Taliban.
Sec. 8113. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available
by this Act, for support to friendly foreign countries in
connection with the conduct of operations in which the United
States is not participating, pursuant to section 331(d) of
title 10, United States Code, shall be made in accordance
with section 8005 of this Act.
Sec. 8114. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the
Department of Defense, to enter into a contract, memorandum
of understanding, or cooperative agreement with, or make a
grant to, or provide a loan or loan guarantee to
Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary, in consultation with the
Secretary of State and the Director of National Intelligence,
determines that it is in the vital national security interest
of the United States to do so, and certifies in writing to
the congressional defense committees that--
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) the armed forces of the Russian Federation have
withdrawn from Ukraine; and
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense
shall conduct a review of any action involving
Rosoboronexport with respect to a waiver issued by the
Secretary of Defense pursuant to subsection (b), and not
later than 90 days after the date on
[[Page H1208]]
which such a waiver is issued by the Secretary of Defense,
the Inspector General shall submit to the congressional
defense committees a report containing the results of the
review conducted with respect to such waiver.
Sec. 8115. The Secretary of Defense shall notify the
congressional defense committees in writing not more than 30
days after the receipt of any contribution of funds received
from the government of a foreign country for any purpose
relating to the stationing or operations of the United States
Armed Forces: Provided, That such notification shall include
the amount of the contribution; the purpose for which such
contribution was made; and the authority under which such
contribution was accepted by the Secretary of Defense:
Provided further, That not fewer than 15 days prior to
obligating such funds, the Secretary of Defense shall submit
to the congressional defense committees in writing a
notification of the planned use of such contributions,
including whether such contributions would support existing
or new stationing or operations of the United States Armed
Forces.
Sec. 8116. (a) The Chairman of the Joint Chiefs, in
coordination with the Secretaries of the military departments
and the Chiefs of the Armed Forces, shall submit to the
congressional defense committees, not later than 30 days
after the last day of each quarter of the fiscal year, a
report on the use of operation and maintenance funds for
activities or exercises in excess of $5,000,000 that have
been designated by the Secretary of Defense as unplanned
activities for fiscal year 2026.
(b) Each report required by subsection (a) shall also
include--
(1) the title, date, and location, of each activity and
exercise covered by the report;
(2) an identification of the military department and units
that participated in each such activity or exercise
(including an estimate of the number of participants);
(3) the total cost of the activity or exercise, by budget
line item (with a breakdown by cost element such as
transportation); and
(4) a short explanation of the objective of the activity or
exercise.
(c) The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
Sec. 8117. (a) Within 45 days of enactment of this Act, the
Secretary of Defense shall allocate amounts made available
from the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) for America Defense Fund for fiscal
year 2026 pursuant to the transfer authority in section
102(b)(1) of the CHIPS Act of 2022 (division A of Public Law
117-167), to the account specified, in the amounts specified,
and for the projects and activities specified, in the table
titled ``Department of Defense Allocation of Funds: CHIPS and
Science Act Fiscal Year 2026'' in the report accompanying
this Act.
(b) Neither the President nor his designee may allocate any
amounts that are made available for any fiscal year under
section 102(b)(2) of the CHIPS Act of 2022 if there is in
effect an Act making or continuing appropriations for part of
a fiscal year for the Department of Defense: Provided, That
in any fiscal year, the matter preceding this proviso shall
not apply to the allocation, apportionment, or allotment of
amounts for continuing administration of programs allocated
using funds transferred from the CHIPS for America Defense
Fund, which may be allocated pursuant to the transfer
authority in section 102(b)(1) of the CHIPS Act of 2022 only
in amounts that are no more than the allocation for such
purposes in subsection (a) of this section.
(c) The Secretary of Defense may reallocate funds allocated
by subsection (a) of this section, subject to the terms and
conditions contained in the provisos in section 8005 of this
Act: Provided, That amounts may be reallocated pursuant to
this subsection only for those requirements necessary to
carry out section 9903(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
(d) Concurrent with the annual budget submission of the
President for fiscal year 2027, the Secretary of Defense
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate proposed allocations by
account and by program, project, or activity, with detailed
justifications, for amounts made available under section
102(b)(2) of the CHIPS Act of 2022 for fiscal year 2027.
(e) The Department of Defense shall provide the Committees
on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and
activities funded by the CHIPS for America Defense Fund for
amounts allocated pursuant to subsection (a) of this section,
including all uncommitted, committed, and unobligated funds.
Sec. 8118. Not later than 15 days after the date on which
any foreign base that involves the stationing or operations
of the United States Armed Forces, including a temporary
base, permanent base, or base owned and operated by a foreign
country, is opened or closed, the Secretary of Defense shall
notify the congressional defense committees in writing of the
opening or closing of such base: Provided, That such
notification shall also include information on any personnel
changes, costs, and savings associated with the opening or
closing of such base.
Sec. 8119. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for any of the
following purposes:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq or Syria.
Sec. 8120. Up to $500,000,000 of the funds appropriated by
this Act under the heading ``Operation and Maintenance,
Defense-Wide'' for the Defense Security Cooperation Agency
may be used to support the armed forces of Jordan.
Sec. 8121. The amounts appropriated in title II of this
Act are hereby reduced by $1,050,000,000 to reflect excess
cash balances in Department of Defense Working Capital Funds,
as follows:
(1) From ``Operation and Maintenance, Army'', $100,000,000;
(2) From ``Operation and Maintenance, Navy'', $450,000,000;
and
(3) From ``Operation and Maintenance, Air Force'',
$500,000,000.
Sec. 8122. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'',
$47,000,000 shall be for continued implementation and
expansion of the Sexual Assault Special Victims' Counsel
Program: Provided, That the funds are made available for
transfer to the Department of the Army, the Department of the
Navy, and the Department of the Air Force: Provided further,
That funds transferred shall be merged with and available for
the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any
other transfer authority provided in this Act.
Sec. 8123. In carrying out the program described in the
memorandum on the subject of ``Policy for Assisted
Reproductive Services for the Benefit of Seriously or
Severely Ill/Injured (Category II or III) Active Duty Service
Members'' issued by the Assistant Secretary of Defense for
Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall
apply such policy and guidance, except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall
include embryo cryopreservation and storage without
limitation on the duration of such cryopreservation and
storage.
Sec. 8124. The Secretary of Defense may obligate funds
made available by this Act for procurement or for research,
development, test and evaluation for the F-35 Joint Strike
Fighter to modify not fewer than nine F-35 aircraft,
including at least three F-35 aircraft of each variant, for
any test configuration: Provided, That the Secretary of
Defense shall, with the concurrence of the Secretary of the
Air Force and the Secretary of the Navy, notify the
congressional defense committees not fewer than 30 days prior
to obligating funds under this section: Provided further,
That any transfer of funds pursuant to the authority provided
in this section shall be made in accordance with section 8005
of this Act.
Sec. 8125. None of the funds appropriated or otherwise
made available by this or any other Act may be obligated to
integrate an alternative engine on any F-35 aircraft.
Sec. 8126. The Secretary of Defense may use up to
$650,000,000 of the amounts appropriated or otherwise made
available in this Act to the Department of Defense for the
rapid acquisition and deployment of supplies and associated
support services pursuant to section 3601 of title 10, United
States Code, but only for the purposes specified in clauses
(i), (ii), (iii), and (iv) of subsection (c)(3)(B) of such
section and subject to the applicable limits specified in
clauses (i), (ii), and (iii) of such subsection and, in the
case of clause (iv) of such subsection, subject to a limit of
$50,000,000, or for the purposes specified in section 229 of
the National Defense Authorization Act for Fiscal Year 2024
(Public Law 118-31) and subject to a limit of $100,000,000:
Provided, That the Secretary of Defense shall notify the
congressional defense committees promptly of all uses of this
authority.
Sec. 8127. Notwithstanding section 8056 of this Act,
amounts appropriated under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' of this Act,
as detailed in budget activity eight in the tables titled
Explanation of Project Level Adjustments in the explanatory
statement accompanying this Act for ``Defense Innovation Unit
(DIU) Fielding'' line 301, may be used for expenses for agile
research, development, test and evaluation, procurement,
production, modification, and operation and maintenance
requirements, including the initial acquisition of end-items
for operational use: Provided, That none of these funds may
be obligated or expended until 15 days after the Secretary of
Defense provides the congressional defense committees a
detailed execution plan for such funds.
Sec. 8128. None of the funds made available by this Act
may be used to support any activity conducted by, or
associated with, the Wuhan Institute of Virology.
Sec. 8129. None of the funds made available by this Act
may be used to fund any work to be performed by EcoHealth
Alliance, Inc. in China on research supported by the
government of China unless the Secretary of Defense
determines that a waiver to such prohibition is in the
national security interests of the United States and, not
later than 14 days
[[Page H1209]]
after granting such a waiver, submits to the congressional
defense committees a detailed justification for the waiver,
including--
(1) an identification of the Department of Defense entity
obligating or expending the funds;
(2) an identification of the amount of such funds;
(3) an identification of the intended purpose of such
funds;
(4) an identification of the recipient or prospective
recipient of such funds (including any third-party entity
recipient, as applicable);
(5) an explanation for how the waiver is in the national
security interests of the United States; and
(6) any other information the Secretary determines
appropriate.
Sec. 8130. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 8131. None of the funds appropriated or otherwise
made available in this Act may be used to transfer any
individual detained at United States Naval Station Guantanamo
Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other
foreign entity except in accordance with section 1034 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1035 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232).
Sec. 8132. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8133. None of the funds made available by this Act
may be used to carry out the closure or realignment of the
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 8134. There is appropriated to the ``Department of
Defense Credit Program Account'' established pursuant to
section 149(e)(5) of title 10, United States Code,
$97,770,000, to remain available until expended, to carry out
a pilot program on capital assistance to support defense
investment in the industrial base as authorized by section
149(e) of such title, of which up to $2,500,000 may be used
for administrative expenses and project-specific transaction
costs: Provided, That costs of loans and loan guarantees,
including the cost of modifying such loans and loan
guarantees, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such amounts are available to subsidize gross obligations for
the principal amount of loans, and total loan principal, any
part of which is to be guaranteed, not to exceed
$4,390,000,000: Provided further, That, for the purposes of
carrying out the Congressional Budget Act of 1974, the
Director of the Congressional Budget Office may request, and
the Secretary shall promptly provide documentation and
information relating to a project receiving capital
assistance as authorized under section 149(e) of such title.
Sec. 8135. None of the funds appropriated or otherwise
made available by this Act may be used to divest or prepare
to divest more than eight U-2 aircraft.
Sec. 8136. The amounts appropriated in title II of this
Act are hereby reduced by $1,204,617,000 to reflect savings
attributable to efficiencies, streamlining of functions, and
management improvements in the Department of Defense, as
follows:
(1) From ``Operation and Maintenance, Army'', $563,288,000;
(2) From ``Operation and Maintenance, Navy'', $109,159,000;
(3) From ``Operation and Maintenance, Marine Corps'',
$9,467,000;
(4) From ``Operation and Maintenance, Air Force'',
$319,765,000;
(5) From ``Operation and Maintenance, Space Force'',
$6,493,000; and
(6) From ``Operation and Maintenance, Defense-Wide'',
$196,445,000:
Provided, That such reduction may not be derived from
amounts appropriated by this Act for the National
Intelligence Program or the Military Intelligence Program.
Sec. 8137. (a) Concurrent with the annual budget submission
of the President for fiscal year 2027, and each fiscal year
thereafter, pursuant to section 1105(a) of title 31, United
States Code, the Secretary of Defense shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate the following with respect to amounts made
available by Public Law 119-21 until all such amounts have
been expended:
(1) proposed allocations by account, by fiscal year, and by
program, project, or activity, with detailed justifications;
(2) P-1 and R-1 budget justification documents, which shall
identify the allocation of funds by program, project, and
activity; and
(3) budget justification documents, to be known as M-1 and
O-1, which shall identify the allocation of funds by budget
activity, activity group, and sub-activity group.
(b) Subsequent to the submission required in subsection
(a), the Secretary of Defense shall submit to the Committees
on Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of projects and
activities funded using amounts described in subsection (a),
including all uncommitted, committed, and unobligated funds,
until all such amounts have been expended.
Sec. 8138. The Secretary of Defense shall obligate funds
made available by this or any other Act, including prior year
Acts, under the heading ``Research, Development, Test and
Evaluation, Navy'' for the Next Generation Fighter program
for the purpose of executing the engineering and
manufacturing development contract for the Next Generation
Fighter aircraft in a manner that achieves accelerated
Initial Operational Capability: Provided, That none of the
funds made available to the Department of Defense for this
fiscal year or any prior fiscal year may be used to pause,
cancel, or terminate the Next Generation Fighter program.
Sec. 8139. Of the funds provided under the heading
``Operation and Maintenance, Navy'', not less than
$80,000,000 shall be made available for the establishment of
a Platform Supply Vessel Pilot Program (in this section
referred to as the ``Program'') for the purpose of validating
Service requirements necessary to meet at-sea and in-shore
logistics operations: Provided, That the Program shall
evaluate options to time charter no less than six, and enter
into a contractual agreement for no less than two time
charters: Provided further, That the condition of the time
charter should consider existing United States-built platform
supply vessels that are documented under the laws of the
United States, owned by a citizen of the United States under
46 U.S.C. 50501, configured for logistics support in the
Indo-Pacific region that can meet the regulatory and physical
requirements to transport nearly 500,000 gallons of various
standard fuels, and provide up to 10,000 square feet of
combined deck space for transport of military equipment and
personnel for delivery in and out of shallow draft ports in
the Indo-Pacific region: Provided further, That the
Secretary of the Navy shall provide a briefing within 180
days after the enactment of this Act to the House and Senate
Appropriations Committees on the status of the Program and
the effectiveness of using PSVs to fill this critical need.
Sec. 8140. Funds made available for the UH-60 Blackhawk
aircraft program under this or any other Act, including prior
year Acts, under the headings ``Aircraft Procurement, Army''
and ``Research, Development, Test and Evaluation, Army''
shall be obligated only for the purposes for which such funds
were appropriated and such funds may not be reprogrammed or
transferred for other purposes: Provided, That none of the
funds made available to the Department of Defense for this
fiscal year or any prior fiscal year may be used to pause,
cancel, or terminate the UH-60 Blackhawk aircraft program or
to prepare to pause, cancel, or terminate such program.
Sec. 8141. Funds made available for the E-7 Wedgetail
aircraft program under this or any other Act, including prior
year Acts, under the headings ``Aircraft Procurement, Air
Force'' and ``Research, Development, Test and Evaluation, Air
Force'' shall be obligated only for the purposes for which
such funds were appropriated and such funds may not be
reprogrammed or transferred for other purposes: Provided,
That none of the funds made available to the Department of
Defense for this fiscal year or any prior fiscal year may be
used to pause, cancel, or terminate the E-7 Wedgetail
aircraft program or to prepare to pause, cancel, or terminate
such program.
Sec. 8142. None of the funds made available by this Act
may be used to close--
(1) the Rock Island Arsenal Museum located in Rock Island
Arsenal, Illinois;
(2) the Fort Sill National Historic Landmark and Museum
located in Lawton, Oklahoma;
(3) the United States Army Transportation Museum located at
Fort Eustis, Virginia; or
(4) the General George Patton Museum of Leadership located
at Fort Knox, Kentucky.
Sec. 8143. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $1,000,000,000, to
remain available until September 30, 2027, shall be for the
Taiwan Security Cooperation Initiative: Provided, That such
funds shall be available to the Secretary of Defense, with
the concurrence of the Secretary of State, to provide
assistance, including new procurement of defense articles,
services, and military education and training to Taiwan:
Provided further, That equipment procured using funds made
available in this section, and not yet transferred to Taiwan,
or returned by
[[Page H1210]]
Taiwan to the United States, may be treated as stocks of the
Department of Defense upon written notification to the
congressional defense committees: Provided further, That the
Secretary of Defense shall, not less than 15 days prior to
obligating funds made available in this section, notify the
congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of
Defense shall provide quarterly reports to the congressional
defense committees on the use and status of funds made
available in this section.
Sec. 8144. Of the amounts appropriated or otherwise made
available by title II of this Act under the heading
``Operation and Maintenance, Air Force'', the Secretary of
Defense may reimburse the Federated States of Micronesia in
an amount not to exceed $34,000,000 for land acquisition
costs for defense sites in Yap.
Sec. 8145. The total amount appropriated in title II of
this Act is hereby reduced by $550,000,000 to reflect savings
due to favorable bulk fuel rates: Provided, That such
reduction may not be derived from amounts appropriated by
this Act for the National Intelligence Program or the
Military Intelligence Program.
Sec. 8146. In making Federal financial assistance, the
Department of Defense shall continue to apply the negotiated
indirect cost rates in section 200.414 of title 2, Code of
Federal Regulations, including with respect to the approval
of deviations from negotiated indirect cost rates, to the
same extent and in the same manner as such negotiated
indirect cost rates were applied in fiscal year 2024:
Provided, That none of the funds appropriated in this or
prior Department of Defense Appropriations Acts, or otherwise
made available to the Department of Defense may be used to
develop, modify, or implement changes to such fiscal year
2024 negotiated indirect cost rates.
(including transfer of funds)
Sec. 8147. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'',
$150,000,000, to remain available until September 30, 2027,
may be used for replacement of defense articles and for
reimbursement of defense services provided to or identified
for provision to Taiwan: Provided, That such funds may be
transferred to appropriations made available under titles II,
III, IV, and V of this Act for replacement, through new
procurement or repair of existing unserviceable equipment, of
defense articles from the stocks of the Department of
Defense, and for reimbursement for defense services of the
Department of Defense and military education and training,
provided to the government of Taiwan or to foreign countries
that have provided support to Taiwan at the request of the
United States: Provided further, That funds transferred
pursuant to this section shall be merged with and available
for the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided
further, That the Secretary of Defense shall notify the
congressional defense committees of the details of such
transfers not less than 15 days before any such transfer:
Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back and merged with this appropriation:
Provided further, That the transfer authority provided in
this section is in addition to any other transfer authority
provided in this Act.
Sec. 8148. None of the funds made available to the
Department of Defense for this fiscal year or any prior
fiscal year may be used by the Department of Defense to award
a sole-source or non-competitive contract in excess of
$100,000,000 for space-based airborne moving target
indication systems.
Sec. 8149. None of the funds made available to the
Department of Defense for this fiscal year or any prior
fiscal year may be used to pause, cancel, or terminate the
Next-Generation Overhead Persistent Infrared Geosynchronous
Earth Orbit and the Next-Generation Overhead Persistent
Infrared Polar programs.
Sec. 8150. Any transactions or follow-on transactions
entered into pursuant to the authority in section 2808a of
title 10, United States Code, to carry out repair and
construction projects for facilities may only be carried out
if, without regard to section 2808a, such projects are
otherwise authorized by law and the use of military
construction, operation and maintenance, or research,
development, test and evaluation funds is otherwise
authorized for such projects: Provided, That none of the
funds appropriated or otherwise made available by this or
prior Acts, by title I of division D of Public Law 119-37 or
by any prior Act making appropriations for Military
Construction, Veterans Affairs, and Related Agencies, or by
funds made available to the Department of Defense in Public
Law 119-21 may be transferred pursuant to the authority in
section 2808a of title 10, United States Code.
Sec. 8151. The amounts appropriated in title IV of this
Act are hereby reduced by $1,000,000,000 due to the
expiration of authorizations contained in 15 U.S.C. 638, as
follows:
``Research, Development, Test and Evaluation, Army'',
$140,000,000;
``Research, Development, Test and Evaluation, Navy'',
$157,000,000;
``Research, Development, Test and Evaluation, Air Force'',
$325,000,000;
``Research, Development, Test and Evaluation, Space
Force'', $140,000,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', $238,000,000:
Provided, That this section shall not apply to
appropriations for the National Intelligence Program:
Provided further, That if a law reauthorizing 15 U.S.C. 638
for fiscal year 2026 is enacted after the date of the
enactment of this section and before September 30, 2026, the
required expenditure amount in 15 U.S.C. 638 for the
Department of Defense for such program for such fiscal year
shall be prorated on an annual basis for the remainder of
such fiscal year based on the extramural budget (as defined
in 15 U.S.C. 638(e)(1)) of the Department on the date of the
enactment of such law.
Sec. 8152. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Defense-Wide'', for
the Defense Security Cooperation Agency, $200,000,000, to
remain available until September 30, 2027, shall be available
for the International Security Cooperation Program - Baltic
Security Initiative to provide support and assistance to the
foreign security forces of Estonia, Latvia, and Lithuania in
accordance with the objectives identified by section 1247 of
the National Defense Authorization Act for Fiscal Year 2026
(Public Law 119-60): Provided, That the Secretary of Defense
shall, not less than 15 days prior to obligating funds made
available in this section, notify the congressional defense
committees in writing of the details of any planned
obligation: Provided further, That the Secretary of Defense
shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate
on the use and status of funds made available in this
section.
(including transfer of funds)
Sec. 8153. (a) In addition to amounts made available
elsewhere in this Act, $500,000,000, of which not less than
$150,000,000 shall be available only for the qualification
and testing of second source providers, is hereby
appropriated to the Department of Defense and may be
transferred to the procurement accounts of the Army, Navy,
Air Force, and Department of Defense and the ``Research,
Development, Test and Evaluation, Defense-Wide'' account,
only for the following purposes--
(1) investment in modernization, expansion, or
facilitization of the solid rocket motor industrial base,
including capital equipment, tooling, and facility upgrades;
(2) workforce development, training, and retention;
(3) supplier base expansion and qualification, including
second- and third-tier vendors and non-traditional
manufacturers;
(4) process improvements, automation, and digital
manufacturing; and
(5) risk reduction and surge capacity initiatives necessary
to ensure reliable, affordable, and timely production of
solid rocket motors and related energetics:
(b) Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall provide a
briefing to the congressional defense committees on planned
activities under this section, including an explanation of
how competition considerations and industry input were
incorporated into acquisition and execution decisions:
Provided, That none of the funds provided under this section
may be obligated or expended until 30 days after the
Secretary of Defense provides to the congressional defense
committees a detailed execution plan for the use of such
funds: Provided further, That the Secretary of Defense
shall, not fewer than 15 days prior to any transfer of funds,
notify the Committees on Appropriations of the House of
Representatives and the Senate in writing of the details of
any such transfer: Provided further, That upon transfer, the
funds shall be merged with and available for the same
purposes, and for the same time period, as the appropriation
to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back and
merged with this appropriation: Provided further, That the
transfer authority provided under this section is in addition
to any other transfer authority provided elsewhere in this
Act.
This division may be cited as the ``Department of Defense
Appropriations Act, 2026''.
DIVISION B--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2026
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to in this Act as ``WIOA'') and the
National Apprenticeship Act, $3,981,588,000 plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker
employment and training activities, $2,919,332,000 as
follows:
(A) $875,649,000 for adult employment and training
activities, of which $163,649,000 shall be available for the
period July 1, 2026 through June 30, 2027, and of which
$712,000,000 shall be available for the period October 1,
2026 through June 30, 2027;
(B) $948,130,000 for youth activities, which shall be
available for the period April 1, 2026 through June 30, 2027;
and
[[Page H1211]]
(C) $1,095,553,000 for dislocated worker employment and
training activities, of which $235,553,000 shall be available
for the period July 1, 2026 through June 30, 2027, and of
which $860,000,000 shall be available for the period October
1, 2026 through June 30, 2027:
Provided, That the funds available for allotment to
outlying areas to carry out subtitle B of title I of the WIOA
shall not be subject to the requirements of section
127(b)(1)(B)(ii) of such Act: Provided further, That
notwithstanding the requirements of WIOA, outlying areas may
submit a single application for a consolidated grant that
awards funds that would otherwise be available to such areas
to carry out the activities described in subtitle B of title
I of the WIOA: Provided further, That such application shall
be submitted to the Secretary of Labor (referred to in this
title as ``Secretary''), at such time, in such manner, and
containing such information as the Secretary may require:
Provided further, That outlying areas awarded a consolidated
grant described in the preceding provisos may use the funds
for any of the programs and activities authorized under such
subtitle B of title I of the WIOA subject to approval of the
application and such reporting requirements issued by the
Secretary; and
(2) for national programs, $1,062,256,000 as follows:
(A) $300,859,000 for the dislocated workers assistance
national reserve, of which $100,859,000 shall be available
for the period July 1, 2026 through September 30, 2027, and
of which $200,000,000 shall be available for the period
October 1, 2026 through September 30, 2027: Provided, That
funds provided to carry out section 132(a)(2)(A) of the WIOA
may be used to provide assistance to a State for statewide or
local use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain dislocated;
coordinate the State workforce development plan with emerging
economic development needs; and train such eligible
dislocated workers: Provided further, That funds provided to
carry out sections 168(b) and 169(c) of the WIOA may be used
for technical assistance and demonstration projects,
respectively, that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the funds
provided under this subparagraph, the Secretary may reserve
not more than 10 percent of such funds to provide technical
assistance and carry out additional activities related to the
transition to the WIOA: Provided further, That of the funds
provided under this subparagraph, $120,000,000 shall be for
training and employment assistance under sections 168(b),
169(c) (notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA as follows:
(i) $55,000,000 shall be for workers in the Appalachian
region, as defined by 40 U.S.C. 14102(a)(1), workers in the
Lower Mississippi, as defined in section 4(2) of the Delta
Development Act (Public Law 100-460, 102 Stat. 2246; 7 U.S.C.
2009aa(2)), and workers in the region served by the Northern
Border Regional Commission, as defined by 40 U.S.C. 15733;
and
(ii) $65,000,000 shall be for the purpose of developing,
offering, or improving educational or career training
programs at community colleges, defined as public
institutions of higher education, as described in section
101(a) of the Higher Education Act of 1965 and at which the
associate's degree is primarily the highest degree awarded,
with other eligible institutions of higher education, as
defined in section 101(a) of the Higher Education Act of
1965, eligible to participate through consortia, with
community colleges as the lead grantee: Provided, That the
Secretary shall follow the requirements for the program in
House Report 116-62: Provided further, That any grant funds
used for apprenticeships shall be used to support only
apprenticeship programs registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of
the WIOA;
(B) $62,500,000 for Native American programs under section
166 of the WIOA, which shall be available for the period July
1, 2026 through June 30, 2027;
(C) $97,396,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $90,134,000
for formula grants (of which not less than 70 percent shall
be for employment and training services), $6,591,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $671,000 for
other discretionary purposes, which shall be available for
the period April 1, 2026 through June 30, 2027: Provided,
That notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible participants
receiving related assistance services or discouraging
grantees from providing such services: Provided further,
That notwithstanding the definition of ``eligible seasonal
farmworker'' in section 167(i)(3)(A) of the WIOA relating to
an individual being ``low-income'', an individual is eligible
for migrant and seasonal farmworker programs under section
167 of the WIOA under that definition if, in addition to
meeting the requirements of clauses (i) and (ii) of section
167(i)(3)(A), such individual is a member of a family with a
total family income equal to or less than 150 percent of the
poverty line;
(D) $105,000,000 for YouthBuild activities as described in
section 171 of the WIOA, which shall be available for the
period April 1, 2026 through June 30, 2027;
(E) $110,000,000 for ex-offender activities, under the
authority of section 169 of the WIOA, which shall be
available for the period April 1, 2026 through June 30, 2027:
Provided, That of this amount, $30,000,000 shall be for
competitive grants to national and regional intermediaries
for activities that prepare for employment young adults with
criminal legal histories, young adults who have been justice
system-involved, or young adults who have dropped out of
school or other educational programs, with a priority for
projects serving high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality Initiative,
under the authority of section 169 of the WIOA, which shall
be available for the period July 1, 2026 through June 30,
2027;
(G) $285,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of
the WIOA, to be available to the Secretary to carry out
activities through grants, cooperative agreements, contracts
and other arrangements, with States and other appropriate
entities, including equity intermediaries and business and
labor industry partner intermediaries, which shall be
available for the period July 1, 2026 through June 30, 2027;
and
(H) $95,501,000 for carrying out Demonstration and Pilot
projects under section 169(c) of the WIOA, which shall be
available for the period April 1, 2026 through June 30, 2027,
in addition to funds available for such activities under
subparagraph (A) for the projects, and in the amounts,
specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That such funds may be used for projects that are related to
the employment and training needs of dislocated workers,
other adults, or youth: Provided further, That the 10
percent funding limitation under such section of the WIOA
shall not apply to such funds: Provided further, That
section 169(b)(6)(C) of the WIOA shall not apply to such
funds: Provided further, That sections 102 and 107 of this
Act shall not apply to such funds.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase
of real property for training centers as authorized by the
WIOA, $1,760,155,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2026 through June 30, 2027;
(2) $123,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available
for the period July 1, 2026 through June 30, 2029, and which
may include the acquisition, maintenance, and repair of major
items of equipment: Provided, That the Secretary may
transfer up to 15 percent of such funds to meet the
operational needs of such centers or to achieve
administrative efficiencies: Provided further, That any
funds transferred pursuant to the preceding proviso shall not
be available for obligation after June 30, 2027: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer; and
(3) $33,830,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2025 through September 30, 2026:
Provided, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps Centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $395,000,000, which
shall be available for the period April 1, 2026 through June
30, 2027, and may be recaptured and reobligated in accordance
with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2026 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and
section 246 of that Act; and for training, employment and
case management services, allowances for job search and
relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade
Act of 1974, and including benefit payments, allowances,
training, employment and case management services, and
related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of
2011, sections 405(a) and 406 of the Trade Preferences
Extension Act of 2015, and section 285(a) of the Trade Act of
1974, as amended, $50,300,000 together with such amounts as
may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to
September 15, 2026: Provided, That notwithstanding section
502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the
current fiscal year pursuant to the authorities of section
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
[[Page H1212]]
state unemployment insurance and employment service operations
(including transfer of funds)
For authorized administrative expenses, $74,306,000,
together with not to exceed $4,000,584,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which--
(1) $3,226,635,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $467,000,000 to carry out
reemployment services and eligibility assessments under
section 306 of such Act, any claimants of regular
compensation, as defined in such section, including those who
are profiled as most likely to exhaust their benefits, may be
eligible for such services and assessments: Provided, That
of such amount, $117,000,000 is specified for grants under
section 306 of the Social Security Act and is provided to
meet the terms of a concurrent resolution on the budget and
$350,000,000 is additional new budget authority specified for
purposes of a concurrent resolution on the budget; and
$9,000,000 for continued support of the Unemployment
Insurance Integrity Center of Excellence), the administration
of unemployment insurance for Federal employees and for ex-
service members as authorized under 5 U.S.C. 8501-8523, and
the administration of trade readjustment allowances,
reemployment trade adjustment assistance, and alternative
trade adjustment assistance under the Trade Act of 1974 and
under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011, sections 405(a) and 406 of the Trade
Preferences Extension Act of 2015, and section 285(a) of the
Trade Act of 1974, as amended, and shall be available for
Federal obligation through December 31, 2026, except that
funds for outcome payments pursuant to section 306(f)(2) of
the Social Security Act shall be available for Federal
obligation through March 31, 2027: Provided, That
notwithstanding any other provision of law, the Secretary may
recapture any funds appropriated under this paragraph that
remain unexpended by a State after the period of expenditure
for a State (but before such funds have been returned to the
Trust Fund), and such recaptured funds shall remain available
until expended for reobligation by the Secretary to the
States to carry out automation activities related to the
administration of unemployment compensation laws: Provided
further, That funds transferred pursuant to the preceding
proviso shall not be available until 60 days after the
Secretary has submitted a plan to the Committees on
Appropriations of the House of Representatives and the Senate
on the planned use of funds;
(2) $18,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $653,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2026 through June 30, 2027;
(4) $17,500,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986 (including
assisting States in adopting or modernizing information
technology for use in the processing of certification
requests), and the provision of technical assistance and
staff training under the Wagner-Peyser Act;
(5) $84,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $61,528,000 shall be available for the
Federal administration of such activities, and $23,282,000
shall be available for grants to States for the
administration of such activities; and
(6) $52,893,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2026
through June 30, 2027, of which up to $9,800,000 may be used
to carry out research and demonstration projects related to
testing effective ways to promote greater labor force
participation of people with disabilities: Provided, That
the Secretary may transfer amounts made available for
research and demonstration projects under this paragraph to
the ``Office of Disability Employment Policy'' account for
such purposes:
Provided, That to the extent that the Average Weekly
Insured Unemployment (``AWIU'') for fiscal year 2026 is
projected by the Department of Labor to exceed 3,075,000, an
additional $28,600,000 from the Trust Fund shall be available
for obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the
Social Security Act to make payments on behalf of States for
the use of the National Directory of New Hires under section
453(j)(8) of such Act: Provided further, That the Secretary
may use funds appropriated for grants to States under title
III of the Social Security Act to make payments on behalf of
States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated
in this Act which are used to establish a national one-stop
career center system, or which are used to support the
national activities of the Federal-State unemployment
insurance, employment service, or immigration programs, may
be obligated in contracts, grants, or agreements with States
and non-State entities: Provided further, That States
awarded competitive grants for improved operations under
title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State
unemployment insurance system, may award subgrants to other
States and non-State entities under such grants, subject to
the conditions applicable to the grants: Provided further,
That funds appropriated under this Act for activities
authorized under title III of the Social Security Act and the
Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation
efforts, notwithstanding cost allocation principles
prescribed under the final rule entitled ``Uniform
Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the
Secretary, at the request of a State participating in a
consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to
other States participating in the consortium or to the entity
operating the Unemployment Insurance Information Technology
Support Center in order to carry out activities that benefit
the administration of the unemployment compensation law of
the State making the request: Provided further, That the
Secretary may collect fees for the costs associated with
additional data collection, analyses, and reporting services
relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions
of 29 U.S.C. 9a, for the National Agricultural Workers Survey
infrastructure, methodology, and data to meet the information
collection and reporting needs of such entities, which shall
be credited to this appropriation and shall remain available
until September 30, 2027, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1986; and for nonrepayable advances to the revolving fund
established by section 901(e) of the Social Security Act, to
the Unemployment Trust Fund as authorized by 5 U.S.C. 8509,
and to the ``Federal Unemployment Benefits and Allowances''
account, such sums as may be necessary, which shall be
available for obligation through September 30, 2027.
program administration
For expenses of administering employment and training
programs, $104,527,000, together with not to exceed
$53,906,000 which shall be available from the Employment
Security Administration Account in the Unemployment Trust
Fund.
Veterans' Employment and Training
veterans' employment and training service
Not to exceed $269,841,000 may be derived from the
Employment Security Administration account in the
Unemployment Trust Fund to carry out the provisions of
chapters 41, 42, and 43 of title 38, United States Code, of
which--
(1) $185,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such
title and local veterans' employment representatives under
section 4104(b) of such title, and for the expenses described
in section 4102A(b)(5)(C), which shall be available for
expenditure by the States through September 30, 2028, and not
to exceed 3 percent for the necessary Federal expenditures
for data systems and contract support to allow for the
tracking of participant and performance information:
Provided, That, in addition, such funds may be used to
support such specialists and representatives in the provision
of services to transitioning members of the Armed Forces who
have participated in the Transition Assistance Program and
have been identified as in need of intensive services, to
members of the Armed Forces who are wounded, ill, or injured
and receiving treatment in military treatment facilities or
warrior transition units, to the spouses or other family
caregivers of such wounded, ill, or injured members, and to
surviving spouses of individuals who died while serving as
members of the Armed Forces or as a result of a service-
connected disability;
(2) $34,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
[[Page H1213]]
(3) $47,048,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, That up to
$500,000 may be used to carry out the Hire VETS Act (division
O of Public Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4)
above an amount not to exceed 3 percent of the appropriation
from which such reallocation is made.
In addition, from the General Fund of the Treasury,
$65,500,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning from certain institutions under sections 2021,
2021A, and 2023 of title 38, United States Code: Provided,
That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30,
2026, to provide services under such section: Provided
further, That services provided under sections 2021 or under
2021A may include, in addition to services to homeless
veterans described in section 2002(a)(1), services to
veterans who were homeless at some point within the 60 days
prior to program entry or veterans who are at risk of
homelessness within the next 60 days, and that services
provided under section 2023 may include, in addition to
services to the individuals described in subsection (e) of
such section, services to veterans recently released from
incarceration who are at risk of homelessness: Provided
further, That notwithstanding paragraph (3) under this
heading, funds appropriated in this paragraph may be used for
data systems and contract support to allow for the tracking
of participant and performance information: Provided
further, That notwithstanding sections 2021(e)(2) and
2021A(f)(2) of title 38, United States Code, such funds shall
be available for expenditure pursuant to 31 U.S.C. 1553.
In addition, fees may be assessed and deposited in the HIRE
Vets Medallion Award Fund pursuant to section 5(b) of the
HIRE Vets Act, and such amounts shall be available to the
Secretary to carry out the HIRE Vets Medallion Award Program,
as authorized by such Act, and shall remain available until
expended: Provided, That such sums shall be in addition to
any other funds available for such purposes, including funds
available under paragraph (3) of this heading: Provided
further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100
note) shall not apply.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $191,100,000, of which up to $3,000,000 shall
be made available through September 30, 2027, for the
procurement of expert witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104, as may be
necessary in carrying out the program, including associated
administrative expenses, through September 30, 2026, for the
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2026 shall be available for
obligations for administrative expenses in excess of
$494,264,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2026, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2030, for obligations for
administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations
in excess of the amounts provided for administrative expenses
in this paragraph may be incurred and shall be available
through September 30, 2030 for obligation for unforeseen and
extraordinary pre-termination or termination expenses or
extraordinary multiemployer program related expenses after
approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That an
additional amount shall be available for obligation through
September 30, 2030 to the extent the Corporation's costs
exceed $250,000 for the provision of credit or identity
monitoring to affected individuals upon suffering a security
incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$260,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $48,515,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $100,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $120,500,000, together with $2,205,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses not otherwise authorized)
accruing during the current or any prior fiscal year
authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in
the Federal Security Agency Appropriation Act, 1947; the
Employees' Compensation Commission Appropriation Act, 1944;
section 5(f) of the War Claims Act (50 U.S.C. App. 2012);
obligations incurred under the War Hazards Compensation Act
(42 U.S.C. 1701 et seq.); and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act,
$1,298,385,000, together with such amounts as may be
necessary to be charged to the subsequent year appropriation
for the payment of compensation and other benefits for any
period subsequent to August 15 of the current year, for
deposit into and to assume the attributes of the Employees'
Compensation Fund established under 5 U.S.C. 8147(a):
Provided, That amounts appropriated may be used under 5
U.S.C. 8104 by the Secretary to reimburse an employer, who is
not the employer at the time of injury, for portions of the
salary of a re-employed, disabled beneficiary: Provided
further, That balances of reimbursements unobligated on
September 30, 2025, shall remain available until expended for
the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C.
8147(c) to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be
the cost of administration for employees of such fair share
entities through September 30, 2026: Provided further, That
of those funds transferred to this account from the fair
share entities to pay the cost of administration of the
Federal Employees' Compensation Act, $81,808,000 shall be
made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$27,549,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $25,956,000;
(3) For periodic roll disability management and medical
review, $25,957,000;
(4) For program integrity, $2,346,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under 5 U.S.C. 81, or the Longshore and Harbor Workers'
Compensation Act, provide as part of such notice and claim,
such identifying information (including Social Security
account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$24,585,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2027, $5,900,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $68,148,000,
to remain available until expended: Provided, That the
Secretary may require that any person filing a claim for
benefits under the Act provide as part of such claim such
identifying information (including Social Security account
number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung
Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (6), and (7) of the Internal Revenue
Code of 1986; and repayment of, and payment of interest on
advances, as authorized by section 9501(d)(4) of that Act. In
addition, the following amounts may be expended from the Fund
for fiscal year 2026 for expenses of operation and
administration of
[[Page H1214]]
the Black Lung Benefits program, as authorized by section
9501(d)(5): not to exceed $50,684,000 for transfer to the
Office of Workers' Compensation Programs, ``Salaries and
Expenses''; not to exceed $39,086,000 for transfer to
Departmental Management, ``Salaries and Expenses''; not to
exceed $373,000 for transfer to Departmental Management,
``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of
the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $629,309,000, including not to exceed
$120,000,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $499,000 per fiscal year of training institute course
tuition and fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety
and health training and education: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary is authorized,
during the fiscal year ending September 30, 2026, to collect
and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition
programs that ensure the safety of equipment and products
used by workers in the workplace: Provided further, That
none of the funds appropriated under this paragraph shall be
obligated or expended to prescribe, issue, administer, or
enforce any standard, rule, regulation, or order under the
Act which is applicable to any person who is engaged in a
farming operation which does not maintain a temporary labor
camp and employs 10 or fewer employees: Provided further,
That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard,
rule, regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a
category having a Days Away, Restricted, or Transferred
(``DART'') occupational injury and illness rate, at the most
precise industrial classification code for which such data
are published, less than the national average rate as such
rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That $12,787,000 shall
be available for Susan Harwood training grants: Provided
further, That $243,000,000 shall be for Federal Enforcement:
Provided further, That not less than $3,500,000 shall be for
Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $387,816,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $10,537,000 for State assistance
grants: Provided, That notwithstanding 31 U.S.C. 3302, not
to exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and the
sale of training materials, otherwise authorized by law to be
collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in
cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds
and, with or without reimbursement, personnel, including
service of Mine Safety and Health Administration officials as
officers in local chapters or in the national organization:
Provided further, That any funds available to the Department
of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations
in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$640,500,000, together with not to exceed $68,000,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
Office of Disability Employment Policy
salaries and expenses
(including transfer of funds)
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $43,000,000, of which not less than
$9,000,000 shall be for research and demonstration projects
related to testing effective ways to promote greater labor
force participation of people with disabilities: Provided,
That the Secretary may transfer amounts made available under
this heading for research and demonstration projects to the
``State Unemployment Insurance and Employment Service
Operations'' account for such purposes.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles,
$362,877,000, together with not to exceed $308,000, which may
be expended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided, That
$116,125,000 shall be for the Bureau of International Labor
Affairs, of which $81,725,000 shall be available for
obligation through December 31, 2026: Provided further, That
funds available to the Bureau of International Labor Affairs
may be used to administer or operate international labor
activities, bilateral and multilateral technical assistance,
and microfinance programs, by or through contracts, grants,
subgrants and other arrangements: Provided further, That not
less than $30,175,000 shall be for programs to combat
exploitative child labor internationally and not less than
$30,175,000 shall be used to implement model programs that
address worker rights issues through technical assistance in
countries with which the United States has free trade
agreements or trade preference programs: Provided further,
That $4,281,000 shall be used for program evaluation and
shall be available for obligation through September 30, 2027:
Provided further, That funds available for program
evaluation may be used to administer grants for the purpose
of evaluation: Provided further, That grants made for the
purpose of evaluation shall be awarded through fair and open
competition: Provided further, That funds available for
program evaluation may be transferred to any other
appropriate account in the Department for such purpose:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer: Provided further,
That $23,000,000 shall be for the Women's Bureau and may be
used for grants to serve and promote the interests of women
in the workforce: Provided further, That of the amounts made
available to the Women's Bureau, not less than $5,000,000
shall be used for grants authorized by the Women in
Apprenticeship and Nontraditional Occupations Act: Provided
further, That the Department of Labor shall support staffing
levels necessary to fulfill its statutory responsibilities
including carrying out programs, projects, and activities
funded in this title of this Act in a timely manner.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $6,889,000, which shall be
available through September 30, 2027.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $91,187,000, together with not to exceed
$5,841,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund:
[[Page H1215]]
Provided, That not more than $2,000,000 of the amount
provided under this heading may be available until expended.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of
an individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity
for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by
forced or indentured child labor in industries and host
countries already identified by the United States Department
of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section,
none of the funds made available to the Department of Labor
for grants under section 414(c) of the American
Competitiveness and Workforce Improvement Act of 1998 (29
U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school
within a local educational agency in the occupations and
industries for which employers are using H-1B visas to hire
foreign workers, and the related activities necessary to
support such training.
Sec. 105. None of the funds made available by this Act
under the heading ``Employment and Training Administration''
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of
Management and Budget Circular A-133. Where States are
recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and
bonuses from subrecipients of such funds, taking into account
factors including the relative cost-of-living in the State,
the compensation levels for comparable State or local
government employees, and the size of the organizations that
administer Federal programs involved including Employment and
Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary
may transfer funds made available to the Employment and
Training Administration by this Act, either directly or
through a set-aside, for technical assistance services to
grantees to ``Program Administration'' when it is determined
that those services will be more efficiently performed by
Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation
made available to the Employment and Training Administration
by this Act to ``Program Administration'' in order to carry
out program integrity activities relating to any of the
programs or activities that are funded under any such
discretionary appropriations: Provided, That notwithstanding
section 102 and the preceding proviso, the Secretary may
transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account
to paragraph (3) of such account to carry out program
integrity activities related to the Job Corps program:
Provided further, That funds transferred under this
subsection shall be available to the Secretary to carry out
program integrity activities directly or through grants,
cooperative agreements, contracts and other arrangements with
States and other appropriate entities: Provided further,
That funds transferred under the authority provided by this
subsection shall be available for obligation through
September 30, 2027.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out
evaluations of any of the programs or activities that are
funded under such accounts. Any funds reserved under this
section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within
the Department of Labor, and shall be available for
obligation through September 30, 2027: Provided, That such
funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the
Senate describing the evaluations to be carried out 15 days
in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office
of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health
Administration'', ``Office of Disability Employment Policy'',
funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental
Management, Salaries and Expenses'' account, and ``Veterans'
Employment and Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following
text is part of such section:
``(s)(1) The provisions of this section shall not apply for
a period of 2 years after the occurrence of a major disaster
to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not
engaged, directly or through an affiliate, in underwriting,
selling, or marketing property, casualty, or liability
insurance policies or contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in
any of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from or
relating to a disaster, witnesses, or physicians;
``(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
``(iii) evaluating and making recommendations regarding
coverage or compensability of claims or determining liability
or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster'
means an individual who timely secured or secures a license
required by applicable law to engage in and perform the
activities described in clauses (i) through (v) of paragraph
(1)(C) relating to a major disaster, and is employed by an
employer that maintains worker compensation insurance
coverage or protection for its employees, if required by
applicable law, and withholds applicable Federal, State, and
local income and payroll taxes from the wages, salaries and
any benefits of such employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the
outstanding shares of any class of voting securities of one
or more companies, directly or indirectly, controls, is
controlled by, or is under common control with, another
company.''.
(b) This section shall be effective on the date of
enactment of this Act.
Sec. 109. (a) Flexibility With Respect to the Crossing of
H-2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for
which the employer is seeking the services of the
nonimmigrants without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the
start date for which the employer is seeking the services of
the nonimmigrants unless the employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2 separate
Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the
seafood industry who brings H-2B nonimmigrants into the
United States during the 120-day period specified in
paragraph (1) to be staggering the date of need in violation
of section
[[Page H1216]]
655.20(d) of title 20, Code of Federal Regulations, or any
other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term
``H-2B nonimmigrants'' means aliens admitted to the United
States pursuant to section 101(a)(15)(H)(ii)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 110. The determination of prevailing wage for the
purposes of the H-2B program shall be the greater of--(1) the
actual wage level paid by the employer to other employees
with similar experience and qualifications for such position
in the same location; or (2) the prevailing wage level for
the occupational classification of the position in the
geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time
of filing the petition. In the determination of prevailing
wage for the purposes of the H-2B program, the Secretary
shall accept private wage surveys even in instances where
Occupational Employment Statistics survey data are available
unless the Secretary determines that the methodology and data
in the provided survey are not statistically supported.
Sec. 111. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in
20 CFR 655.5 or the three-fourths guarantee rule definition
found in 20 CFR 655.20, or any references thereto. Further,
for the purpose of regulating admission of temporary workers
under the H-2B program, the definition of temporary need
shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 112. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $450,000 of excess
personal property, at a value determined by the Secretary, to
apprenticeship programs for the purpose of training
apprentices in those programs.
Sec. 113. (a) The Act entitled ``An Act to create a
Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) is amended by adding at the end the following
new section:
``(a) In General.--The Secretary of Labor is authorized to
employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate
family of the Secretary who is participating in an activity
or event relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a unique and articulable threat of physical harm, in
accordance with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established
by the Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a
law enforcement officer or special agent employed under
subsection (a), for the purpose of performing the duties
authorized under subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement
officer or special agent employed under subsection (a) shall
exercise any authority provided under this section in
accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of
enactment of this Act.
Sec. 114. The Secretary is authorized to dispose of or
divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job
Corps center, all or a portion of the real property on which
the Treasure Island Job Corps Center and the Gary Job Corps
Center are situated. Any sale or other disposition, to
include any associated construction project, will not be
subject to any requirement of any Federal law or regulation
relating to the disposition of Federal real property or
relating to Federal procurement, including but not limited to
subchapter III of chapter 5 of title 40 of the United States
Code, subchapter V of chapter 119 of title 42 of the United
States Code, and chapter 33 of division C of subtitle I of
title 41 of the United States Code. The net proceeds of such
a sale shall be transferred to the Secretary, which shall be
available until expended for such project to carry out the
Job Corps Program on Treasure Island and the Job Corps
Program in and around San Marcos, Texas, respectively.
Sec. 115. None of the funds made available by this Act may
be used to--
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture;
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of
the health and safety of the students, the capacity of the
program is retained, and the requirements of section 159(j)
of the WIOA are met; or
(3) close any Job Corps Centers, except if such closure
meets the criterion entitled ``Long-Term Center Performance''
or the criterion entitled ``Evaluation of Continuing Center
Operations'' established by 81 FR 12529, the capacity of the
program is retained, and the requirements of section 159(j)
of the WIOA are met.
(rescission)
Sec. 116. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $206,000,000 are hereby permanently rescinded
not later than September 30, 2026.
This title may be cited as the ``Department of Labor
Appropriations Act, 2026''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,858,772,000: Provided, That no more
than $1,000,000 shall be available until expended for
carrying out the provisions of section 224(o) of the PHS Act:
Provided further, That no more than $120,000,000 shall be
available until expended for carrying out subsections (g)
through (n) and (q) of section 224 of the PHS Act, and for
expenses incurred by the Department of Health and Human
Services (referred to in this Act as ``HHS'') pertaining to
administrative claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, sections 1128E and 1921
of the Social Security Act, and the Health Care Quality
Improvement Act of 1986, $1,413,776,000, which shall be for
the purposes and in the amounts specified in the ``Final
Bill'' column for Health Workforce in the ``Departments of
Labor, Health and Human Services, Education, and Related
Agencies Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That section
751(j)(2) of the PHS Act and the proportional funding amounts
in paragraphs (1) through (4) of section 756(f) of the PHS
Act shall not apply to funds made available under this
heading: Provided further, That for any program operating
under section 751 of the PHS Act on or before January 1,
2009, the Secretary of Health and Human Services (referred to
in this title as the ``Secretary'') may hereafter waive any
of the requirements contained in sections 751(d)(2)(A) and
751(d)(2)(B) of such Act for the full project period of a
grant under such section: Provided further, That section
756(c) of the PHS Act shall apply to paragraphs (1) through
(4) of section 756(a) of such Act: Provided further, That no
funds shall be available for section 340G-1 of the PHS Act:
Provided further, That fees collected for the disclosure of
information under section 427(b) of the Health Care Quality
Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of
the Social Security Act shall be sufficient to recover the
full costs of operating the programs authorized by such
sections and shall remain available until expended for the
National Practitioner Data Bank: Provided further, That
funds transferred to this account to carry out section 846
and subpart 3 of part D of title III of the PHS Act may be
used to make prior year adjustments to awards made under such
section and subpart: Provided further, That amounts made
available for the National Health Service Corps (``NHSC'')
shall remain available until expended for the purposes of
providing primary health services, assigning NHSC
participants to expand the delivery of substance use disorder
treatment services, notwithstanding the assignment priorities
and limitations under sections 333(a)(1)(D), 333(b), and
333A(a)(1)(B)(ii) of the PHS Act, and making payments under
the NHSC Loan Repayment Program under section 338B of such
Act: Provided further, That, within the amount made
available for the NHSC, not less than 13 percent shall remain
available until expended for the purposes of making payments
under the NHSC Loan Repayment Program under section 338B of
the PHS Act to individuals participating in such program who
provide primary health services in Indian Health Service
facilities, Tribally-Operated 638 Health Programs, and Urban
Indian Health Programs (as those terms are defined by the
Secretary), notwithstanding the assignment priorities and
limitations under section 333(b) of the PHS Act, and
$8,000,000 shall remain available until expended for payments
to individuals participating in
[[Page H1217]]
such program who provide primary health services in Maternity
Care Health Professional Target Areas, as determined by the
Secretary, notwithstanding the assignment priorities and
limitations under section 333(b) of such Act: Provided
further, That for purposes of the previous two provisos,
section 331(a)(3)(D) of the PHS Act shall be applied as if
the term ``primary health services'' includes clinical
substance use disorder treatment services, including those
provided by masters level, licensed substance use disorder
treatment counselors: Provided further, That amounts made
available for the Nurse Practitioner Optional Fellowship
Program shall be available to make grants to establish,
expand, or maintain optional community-based nurse
practitioner fellowship programs that are accredited or in
the accreditation process, with a preference for those in
Federally Qualified Health Centers, for practicing
postgraduate nurse practitioners in primary care or
behavioral health: Provided further, That amounts made
available for Pediatric Specialty Loan Repayment shall remain
available until expended for activities under section 775 of
the PHS Act: Provided further, That the United States may
recover liquidated damages in an amount determined by the
formula under section 338E(c)(1) of the PHS Act if an
individual either fails to begin or complete the service
obligated by a contract under section 775(b) of the PHS Act:
Provided further, That for purposes of section 775(c)(1) of
the PHS Act, the Secretary may include other mental and
behavioral health disciplines as the Secretary deems
appropriate: Provided further, That the Secretary may
terminate a contract entered into under section 775 of the
PHS Act in the same manner articulated in section 206 of this
title for fiscal year 2026 contracts entered into under
section 338B of the PHS Act.
Amounts made available for Medical Student Education shall
remain available until expended for grants to public
institutions of higher education to expand or support
graduate education for physicians provided by such
institutions, including funding for infrastructure
development, maintenance, equipment, and minor renovations or
alterations: Provided, That, in awarding such grants, the
Secretary shall give priority to public institutions of
higher education located in States with a projected primary
care provider shortage, as determined by the Secretary:
Provided further, That grants so awarded are limited to such
public institutions of higher education in States in the top
quartile of States with a projected primary care provider
shortage, as determined by the Secretary: Provided further,
That the minimum amount of a grant so awarded to such an
institution shall be not less than $1,000,000 per year:
Provided further, That such a grant may be awarded for a
period not to exceed 5 years: Provided further, That such a
grant awarded with respect to a year to such an institution
shall be subject to a matching requirement of non-Federal
funds in an amount that is not more than 10 percent of the
total amount of Federal funds provided in the grant to such
institution with respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS
Act with respect to maternal and child health and title V of
the Social Security Act, $1,181,680,000, which shall be for
the purposes and in the amounts specified in the ``Final
Bill'' column for Maternal and Child Health in the
``Departments of Labor, Health and Human Services, Education,
and Related Agencies Appropriations Act, 2026'' table in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, amounts made available for Special
Projects of Regional and National Significance shall be
available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such
Act and $10,276,000 shall be available for projects described
in subparagraphs (A) through (F) of section 501(a)(3) of such
Act, and the budget activities specified in the table under
this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act) shall be funded in the amounts specified in
such table.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,571,041,000, which shall
be for the purposes and in the amounts specified in the
``Final Bill'' column for Ryan White HIV/AIDS Program in the
``Departments of Labor, Health and Human Services, Education,
and Related Agencies Appropriations Act, 2026'' table in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), of which the
amounts made available for Emergency Assistance (Part A) and
Comprehensive Care Programs (Part B) shall remain available
to the Secretary through September 30, 2028, for parts A and
B of title XXVI of the PHS Act, and of which the amounts made
available for the AIDS Drug Assistance Program (ADAP) shall
be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
the amounts made available for Ending the HIV/AIDS Epidemic
Initiative shall remain available until expended and shall be
available to the Secretary for carrying out a program of
grants and contracts under title XXVI or section 311(c) of
such Act focused on ending the nationwide HIV/AIDS epidemic,
with any grants issued under such section 311(c) administered
in conjunction with title XXVI of the PHS Act, including the
limitation on administrative expenses.
health systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $127,009,000, of which $122,000
shall be available until expended for facility renovations
and other facilities-related expenses of the Hansen's Disease
Program: Provided, That during the period covered by this
Act, the Secretary of Health and Human Services may collect
registration fees from members of the Organ Procurement and
Transplantation Network (in this title referred to as
``OPTN''), authorized under section 372 of the PHS Act, for
each transplant candidate such members place on the list
described in subsection (b)(2)(A)(i) of such section,
including directly or through awards made under subsection
(b)(1)(A) of such section: Provided further, That such fees
may be credited to this account, to remain available until
expended, to support the operation of the OPTN: Provided
further, That the Secretary may distribute fees collected
pursuant to the first proviso under this heading among the
awardee or awardees described in subsection (b)(1)(A) of
section 372 of the PHS Act as the Secretary determines
appropriate.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act of 1969, and sections 711 and 1820
of the Social Security Act, $392,907,000, which shall be for
the purposes and in the amounts specified, other than for
``Rural Hospital Provider Assistance Program'', in the
``Final Bill'' column for Rural Health in the ``Departments
of Labor, Health and Human Services, Education, and Related
Agencies Appropriations Act, 2026'' table in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), of which the amounts
made available for Rural Hospital Flexibility Grants shall
come from general revenues, notwithstanding section 1820(j)
of the Social Security Act: Provided, That of the funds made
available under this paragraph for Rural Hospital Flexibility
Grants, up to $22,942,000 shall be available for the Small
Rural Hospital Improvement Program for quality improvement
and adoption of health information technology, no less than
$5,000,000 shall be available to award grants to public or
non-profit private entities for the Rural Emergency Hospital
Technical Assistance Program, and up to $1,000,000 shall be
to carry out section 1820(g)(6) of the Social Security Act,
with funds provided for grants under section 1820(g)(6)
available for the purchase and implementation of telehealth
services and other efforts to improve health care
coordination for rural veterans between rural providers and
the Department of Veterans Affairs: Provided further, That
the amounts made available for State Offices of Rural Health
shall be available notwithstanding section 338J(k) of the PHS
Act: Provided further, That the amounts for the Rural
Residency Planning and Development Program shall remain
available through September 30, 2028.
In addition to amounts otherwise available for the same
purpose, $25,000,000, for making payments to eligible
hospitals for the maintenance of health care providers:
Provided, That eligible hospitals receiving such payment
shall meet the following criteria: (1) have no more than 50
inpatient beds and (2) have an established wage index value
of less than 0.90 as determined by the Secretary of Health
and Human Services under section 1886(d)(3)(E) of the Social
Security Act (42 U.S.C. 1395ww(d)(3)(E)): Provided further,
That up to 10 percent of funds made available in this
paragraph may be used by eligible hospitals for
administrative expenses: Provided further, That payment
amounts to eligible hospitals shall be calculated by dividing
available funding equally among such eligible hospitals.
family planning
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects,
$286,479,000: Provided, That amounts provided to said
projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office.
hrsa-wide activities and program support
For carrying out title III of the Public Health Service Act
and for cross-cutting activities and program support for
activities funded in other appropriations included in this
Act for the Health Resources and Services Administration,
$1,076,181,000, of which $45,550,000 shall be for expenses
necessary for the Office for the Advancement of Telehealth,
including grants, contracts, and cooperative agreements for
the advancement of telehealth activities: Provided, That
funds made available under this heading may be used to
supplement program support funding provided under the
headings ``Primary Health Care'', ``Health Workforce'',
``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Systems'', and
[[Page H1218]]
``Rural Health'': Provided further, That of the amount made
available under this heading, $857,793,000 shall be used for
the projects financing the construction and renovation
(including equipment) of health care and other facilities,
and for the projects financing one-time grants that support
health-related activities, including training and information
technology, and in the amounts specified in the table titled
``Community Project Funding/Congressionally Directed
Spending'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
none of the funds made available for projects described in
the preceding proviso shall be subject to section 241 of the
PHS Act or section 205 of this Act.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ``Trust Fund''), such sums as may be
necessary for claims associated with vaccine-related injury
or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of
the PHS Act, to remain available until expended: Provided,
That for necessary administrative expenses, not to exceed
$15,200,000 shall be available from the Trust Fund to the
Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, and titles II and IV of the Immigration
and Nationality Act, with respect to immunization and
respiratory diseases, $316,901,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually
transmitted diseases, and tuberculosis prevention,
$1,384,056,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, and titles II and IV of the Immigration and
Nationality Act, with respect to emerging and zoonotic
infectious diseases, $729,272,000: Provided, That of the
amounts made available under this heading, up to $1,000,000
from amounts made available for Quarantine appropriations
shall remain available until expended to pay for the
transportation, medical care, treatment, and other related
costs of persons quarantined or isolated under Federal or
State quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of
the PHS Act with respect to chronic disease prevention and
health promotion, $983,830,000: Provided, That funds made
available under this heading may be available for making
grants under section 1509 of the PHS Act for not less than 21
States, Tribes, or Tribal organizations: Provided further,
That the proportional funding requirements under section
1503(a) of the PHS Act shall not apply to funds made
available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS
Act with respect to birth defects, developmental
disabilities, disabilities and health, $205,060,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act
with respect to health statistics, surveillance, health
informatics, and workforce development, $724,553,000:
Provided, That in addition to amounts provided herein,
$42,944,000 shall be from funds available under section 241
of the PHS Act for health statistics.
environmental health
For carrying out titles II, III, and XVII of the PHS Act
with respect to environmental health, $191,850,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act
with respect to injury prevention and control, $761,379,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $366,800,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000,
to remain available until expended: Provided, That this
amount shall be available consistent with the provision
regarding administrative expenses in section 151(b) of
division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act
with respect to global health, $692,843,000, of which: (1)
the amounts made available for the Global HIV/AIDS Program
shall remain available through September 30, 2027; and (2)
the amounts made available for the Global Public Health
Protection shall remain available through September 30, 2028:
Provided, That funds may be used for purchase and insurance
of official motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, XVII, and XXVIII of the
PHS Act with respect to public health preparedness and
response, and for expenses necessary to support activities
related to countering potential biological, nuclear,
radiological, and chemical threats to civilian populations,
$913,200,000: Provided, That the Director of the Centers for
Disease Control and Prevention (referred to in this title as
``CDC'') or the Administrator of the Agency for Toxic
Substances and Disease Registry may detail staff without
reimbursement to support an activation of the CDC Emergency
Operations Center, so long as the Director or Administrator,
as applicable, provides a notice to the Committees on
Appropriations of the House of Representatives and the Senate
within 15 days of the use of this authority, a full report
within 30 days after use of this authority which includes the
number of staff and funding level broken down by the
originating center and number of days detailed, and an update
of such report every 180 days until staff are no longer on
detail without reimbursement to the CDC Emergency Operations
Center.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities,
$40,000,000, which shall remain available until expended:
Provided, That funds made available to this account in this
or any prior Act that are available for the acquisition of
real property or for construction or improvement of
facilities shall be available to make improvements on non-
federally owned property, provided that any improvements that
are not adjacent to federally owned property do not exceed
$2,500,000, and that the primary benefit of such improvements
accrues to CDC: Provided further, That funds previously set-
aside by CDC for repair and upgrade of the Lake Lynn
Experimental Mine and Laboratory shall be used to acquire a
replacement mine safety research facility: Provided further,
That funds made available to this account in this or any
prior Act that are available for the acquisition of real
property or for construction or improvement of facilities in
conjunction with the new replacement mine safety research
facility shall be available to make improvements on non-
federally owned property, provided that any improvements that
are not adjacent to federally owned property do not exceed
$5,000,000: Provided further, That in addition, the prior
year unobligated balance of any amounts assigned to former
employees in accounts of CDC made available for Individual
Learning Accounts shall be credited to and merged with the
amounts made available under this heading to support the
replacement of the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and
program support for activities funded in other appropriations
included in this Act for the Centers for Disease Control and
Prevention, $396,570,000: Provided, That the amounts made
available for Public Health Infrastructure and Capacity
appropriations shall remain available through September 30,
2027: Provided further, That paragraphs (1) through (3) of
subsection (b) of section 2821 of the PHS Act shall not apply
to funds appropriated under this heading and in all other
accounts of the CDC: Provided further, That the amounts made
available for Infectious Diseases Rapid Response Reserve Fund
appropriations shall remain available until expended and
shall be available to the Director of the CDC for deposit in
the Infectious Diseases Rapid Response Reserve Fund
established by section 231 of division B of Public Law 115-
245: Provided further, That funds appropriated under this
heading may be used to support a contract for the operation
and maintenance of an aircraft in direct support of
activities throughout CDC to ensure the agency is prepared to
address public health preparedness emergencies: Provided
further, That employees of CDC or the Public Health Service,
both civilian and commissioned officers, detailed to States,
municipalities, or other organizations under authority of
section 214 of the PHS Act, or in overseas assignments, shall
be treated as non-Federal employees for reporting purposes
only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or HHS during the period
of detail or assignment: Provided further, That CDC may use
up to $10,000 from amounts appropriated to CDC in this Act
for official reception and representation expenses when
specifically approved by the Director of CDC: Provided
further, That in addition, such sums as may be derived from
authorized user fees, which shall be credited to the
appropriation charged with the cost thereof: Provided
further, That with respect to the previous proviso,
authorized user fees from the Vessel Sanitation Program and
the Respirator Certification Program shall be available
through September 30, 2027.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act
with respect to cancer,
[[Page H1219]]
$7,352,159,000, of which up to $30,000,000 may be used for
facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and
Development Center in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $3,990,345,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases,
$525,163,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$2,326,721,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke,
$2,804,925,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases,
$6,585,279,000: Provided, That not less than $270,000,000 is
provided for research to develop universal flu vaccines.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $3,269,679,000, of
which $1,427,482,000 shall be from funds available under
section 241 of the PHS Act: Provided, That not less than
$450,956,000 is provided for the Institutional Development
Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,769,078,000: Provided, That not less than $63,400,000 is
provided for the Implementing a Maternal health and Pregnancy
Outcomes Vision for Everyone (IMPROVE) Initiative.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$896,549,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $913,979,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $4,517,623,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin
diseases, $685,465,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$534,333,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $197,693,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $595,318,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,662,695,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $2,189,843,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $663,200,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering
research, $440,627,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$170,384,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities
research, $538,395,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of
title IV of the PHS Act), $95,162,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$497,548,000: Provided, That of the amounts available for
improvement of information systems, $4,000,000 shall be
available until September 30, 2027: Provided further, That
in this fiscal year, the National Library of Medicine may
enter into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health
(referred to in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $942,323,000:
Provided, That $75,000,000 shall be available to implement
section 480 of the PHS Act, relating to the Cures
Acceleration Network: Provided further, That at least
$629,560,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,462,914,000: Provided, That funding shall
be available for the purchase of not to exceed 29 passenger
motor vehicles for replacement only: Provided further, That
all funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That $180,000,000
shall be for the Environmental Influences on Child Health
Outcomes study: Provided further, That $572,401,000 shall be
available for the Common Fund established under section
402A(c)(1) of the PHS Act: Provided further, That of the
funds provided, $10,000 shall be for official reception and
representation expenses when specifically approved by the
Director of the NIH: Provided further, That the Office of
AIDS Research within the Office of the Director of the NIH
may spend up to $8,000,000 to make grants for construction or
renovation of facilities as provided for in section
2354(a)(5)(B) of the PHS Act: Provided further, That
$80,000,000 shall be used to carry out section 404I of the
PHS Act (42 U.S.C. 283k), relating to biomedical and
behavioral research facilities: Provided further, That
$5,000,000 shall be transferred to and merged with the
appropriation for the ``Office of Inspector General'' for
oversight of grant programs and operations of the NIH,
including agency efforts to ensure the integrity of its grant
application evaluation and selection processes, and shall be
in addition to funds otherwise made available for oversight
of the NIH: Provided further, That amounts made available
under this heading are also available to establish, operate,
and support the Research Policy Board authorized by section
2034(f) of the 21st Century Cures Act: Provided further,
That not less than $106,480,000 is provided for the Office of
Research on Women's Health and such funds shall also be
available for making grants to serve and promote the
interests of women in research, and the Director of such
Office may, in making such grants, use the authorities
available to NIH Institutes and Centers.
In addition to other funds appropriated for the Office of
the Director, $12,600,000 is appropriated from the 10-year
Pediatric Research Initiative Fund described in section 9008
of the Internal Revenue Code of 1986 (26 U.S.C. 9008), for
the purpose of carrying out section 402(b)(7)(B)(ii) of the
PHS Act (relating to pediatric research).
buildings and facilities
For the study of, construction of, demolition of,
renovation of, and acquisition of equipment for, facilities
of or used by NIH, including the acquisition of real
property, $350,000,000, to remain available until expended.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
in section 1001(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes in the
appropriations provided to the NIH in this Act, $226,000,000,
to remain available until expended: Provided, That such
amounts are appropriated pursuant to section 1001(b)(3) of
such Act, are to be derived from amounts transferred under
section 1001(b)(2)(A) of such Act, and may be transferred by
the Director of the NIH to other accounts of the NIH solely
for the purposes provided in such Act: Provided further,
That upon a determination by the Director of the NIH that
funds transferred pursuant to the previous proviso are not
necessary for the purposes provided, such amounts may be
transferred back to the Account: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority provided by law.
advanced research projects agency for health
For carrying out section 301 and part J of title IV of the
PHS Act with respect to advanced research projects for
health, $1,500,000,000, to remain available through September
30, 2028.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, the Protection and Advocacy for
Individuals with Mental Illness Act, and the SUPPORT for
Patients and Communities Act, $2,790,407,000: Provided, That
of the funds made available under this heading, $100,887,000
shall be for the National Child Traumatic Stress Initiative:
Provided further, That of the funds made available under this
[[Page H1220]]
heading, $991,532,000 shall be for the Mental Health Block
Grant: Provided further, That of the funds made available
under this heading, $132,000,000 shall be for Children's
Mental Health Services: Provided further, That of the funds
made available under this heading, $66,635,000 shall be for
Projects for Assistance in Transition from Homelessness:
Provided further, That of the funds made available under this
heading, $40,000,000 shall be for Protection and Advocacy for
Individuals with Mental Illness: Provided further, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds
appropriated for carrying out section 520A shall be available
for carrying out section 1971 of the PHS Act: Provided
further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS
Act to carry out subpart I of part B of title XIX of the PHS
Act to fund section 1920(b) technical assistance, national
data, data collection and evaluation activities, and further
that the total available under this Act for section 1920(b)
activities shall not exceed 5 percent of the amounts
appropriated for subpart I of part B of title XIX: Provided
further, That of the funds made available under this heading
for subpart I of part B of title XIX of the PHS Act, at least
5 percent shall be available to support evidence-based crisis
systems: Provided further, That up to 10 percent of the
amounts made available to carry out the Children's Mental
Health Services program may be used to carry out
demonstration grants or contracts for early interventions
with persons not more than 25 years of age at clinical high
risk of developing a first episode of psychosis: Provided
further, That section 520E(b)(2) of the PHS Act shall not
apply to funds appropriated in this Act for fiscal year 2026:
Provided further, That $385,500,000 shall be available until
September 30, 2028 for grants to communities and community
organizations who meet criteria for Certified Community
Behavioral Health Clinics pursuant to section 223(a) of
Public Law 113-93: Provided further, That none of the funds
provided for section 1911 of the PHS Act shall be subject to
section 241 of such Act: Provided further, That the budget
activities specified in the table under this heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) shall be
funded in the amounts specified as appropriations in such
table: Provided further, That amounts made available for 988
Lifeline appropriations shall be for the purposes described
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided further, That of the funds made available under this
heading, $21,420,000 shall be to carry out section 224 of the
Protecting Access to Medicare Act of 2014 (Public Law 113-93;
42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with
respect to substance abuse treatment and title XIX of such
Act with respect to substance abuse treatment and prevention,
section 1003 of the 21st Century Cures Act, and the SUPPORT
for Patients and Communities Act, $4,091,098,000: Provided,
That $1,595,000,000 shall be for carrying out section 1003 of
the 21st Century Cures Act: Provided further, That of such
amount in the preceding proviso not less than 4.25 percent
shall be made available to Indian Tribes or Tribal
organizations: Provided further, That in addition to amounts
provided herein, the following amounts shall be available
under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund
section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; and (2) $2,000,000 to
evaluate substance abuse treatment programs: Provided
further, That $562,219,000 shall be for programs of regional
and national significance, which shall be for the purposes
and in the amounts specified in the table under this heading
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), other
than amounts specified in such table as PHS Evaluation Funds:
Provided further, That none of the funds provided for
section 1921 of the PHS Act or State Opioid Response Grants
shall be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with
respect to substance abuse prevention, $240,879,000, which
shall be for the purposes and in the amounts specified in the
table under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act).
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance
Abuse Prevention'' in carrying out titles III, V, and XIX of
the PHS Act and the Protection and Advocacy for Individuals
with Mental Illness Act in the Substance Abuse and Mental
Health Services Administration, $171,566,000: Provided, That
of the amount made available under this heading, $54,311,000
shall be used for the projects, and in the amounts, specified
in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made
available for projects described in the preceding proviso
shall be subject to section 241 of the PHS Act or section 205
of this Act: Provided further, That in addition to amounts
provided herein, $31,428,000 shall be available under section
241 of the PHS Act to supplement funds available to carry out
national surveys on drug abuse and mental health, to collect
and analyze program data, and to conduct public awareness and
technical assistance activities: Provided further, That, in
addition, fees may be collected for the costs of
publications, data, data tabulations, and data analysis
completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be
credited to this appropriation and shall remain available
until expended for such purposes: Provided further, That
amounts made available in this Act for carrying out section
501(o) of the PHS Act shall remain available through
September 30, 2027: Provided further, That funds made
available under this heading (other than amounts specified in
the first proviso under this heading) may be used to
supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'',
and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of
the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, $345,380,000: Provided, That
section 947(c) of the PHS Act shall not apply in fiscal year
2026: Provided further, That in addition, amounts received
from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available
until September 30, 2027.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $508,148,791,000, to
remain available until expended.
In addition, for carrying out such titles after May 31,
2026, for the last quarter of fiscal year 2026 for
unanticipated costs incurred for the current fiscal year,
such sums as may be necessary, to remain available until
expended.
In addition, for carrying out such titles for the first
quarter of fiscal year 2027, $316,514,725,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quarter
and approved in that or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $593,817,000,000.
In addition, for making matching payments under section
1844 and benefit payments under section 1860D-16 of the
Social Security Act that were not anticipated in budget
estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare & Medicaid Services, not to exceed
$3,669,744,000 to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in
accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 1893(h) of the Social Security
Act, and such sums as may be collected from authorized user
fees and the sale of data, which shall be credited to this
account and remain available until expended: Provided, That
all funds derived in accordance with 31 U.S.C. 9701 from
organizations established under title XIII of the PHS Act
shall be credited to and available for carrying out the
purposes of this appropriation: Provided further, That the
Secretary is directed to collect fees in fiscal year 2026
from Medicare Advantage organizations pursuant to section
1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876
of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, That of the amount made available under
this heading, $397,334,000 shall remain available until
September 30, 2027, and shall be available for the Survey and
Certification Program: Provided further, That amounts
available under this heading to support quality improvement
organizations (as defined in section 1152 of the
[[Page H1221]]
Social Security Act) shall not exceed the amount specifically
provided for such purpose under this heading in division H of
the Consolidated Appropriations Act, 2018 (Public Law 115-
141).
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $941,000,000, to remain
available through September 30, 2027, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$699,058,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $108,735,000
shall be for the Department of Health and Human Services
Office of Inspector General to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act, and
of which $133,207,000 shall be for the Department of Justice
to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required
by section 1817(k)(5) of the Social Security Act for fiscal
year 2026 shall include measures of the operational
efficiency and impact on fraud, waste, and abuse in the
Medicare, Medicaid, and CHIP programs for the funds provided
by this appropriation: Provided further, That of the amount
provided under this heading, $311,000,000 is provided to meet
the terms of a concurrent resolution on the budget, and
$630,000,000 is additional new budget authority specified for
purposes of a concurrent resolution on the budget for
additional health care fraud and abuse control activities:
Provided further, That the Secretary shall provide not less
than $35,000,000 from amounts made available under this
heading and amounts made available for fiscal year 2026 under
section 1817(k)(3)(A) of the Social Security Act for the
Senior Medicare Patrol program to combat health care fraud
and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I,
IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, $4,147,000,000, to remain available
until expended; and for such purposes for the first quarter
of fiscal year 2027, $1,800,000,000, to remain available
until expended.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, titles I, IV-D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960,
for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of
section 2602 of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8621 et seq.), $4,045,000,000: Provided,
That notwithstanding section 2609A(a) of such Act, not more
than $9,600,000 may be reserved by the Secretary for
technical assistance, training, and monitoring of program
activities for compliance with internal controls, policies
and procedures, and to supplement funding otherwise available
for necessary administrative expenses to carry out such Act,
and the Secretary may, in addition to the authorities
provided in section 2609A(a)(1), use such funds through
contracts with private entities that do not qualify as
nonprofit organizations: Provided further, That all but
$907,348,000 of the amount appropriated under this heading
shall be allocated as though the total appropriation for such
payments for fiscal year 2026 was less than $1,975,000,000:
Provided further, That, after applying all applicable
provisions of section 2604 of such Act and the previous
proviso, each State or territory that would otherwise receive
an allocation that is less than 97 percent of the amount that
it received under this heading for fiscal year 2025 from
amounts appropriated pursuant to section 1101(a)(8) of
division A of Public Law 119-4 shall have its allocation
increased to that 97 percent level, with the portions of
other States' and territories' allocations that would exceed
100 percent of the amounts they respectively received in such
fashion for fiscal year 2025 being ratably reduced: Provided
further, That by November 1 of the current year, the
Secretary shall award to each State no less than 90 percent
of its total allotment, as calculated pursuant to the
preceding two provisos.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, the Trafficking Victims Protection Act of 2000
(``TVPA''), and the Torture Victims Relief Act of 1998,
$5,163,956,000, of which $5,114,201,000 shall remain
available through September 30, 2028 for carrying out such
sections 414, 501, 462, and 235: Provided, That amounts
available under this heading to carry out the TVPA shall also
be available for research and evaluation with respect to
activities under such Act: Provided further, That the
limitation in section 205 of this Act regarding transfers
increasing any appropriation shall apply to transfers to
appropriations under this heading by substituting ``15
percent'' for ``3 percent'': Provided further, That the
contribution of funds requirement under section
235(c)(6)(C)(iii) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 shall not
apply to funds made available under this heading: Provided
further, That for any month in fiscal year 2026 that the
number of unaccompanied children referred to the Department
of Health and Human Services pursuant to section 462 of the
Homeland Security Act of 2002 and section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008 exceeds 16,000, as determined by the Secretary of
Health and Human Services, an additional $15,000,000, to
remain available until September 30, 2027, shall be made
available for obligation for every 500 unaccompanied children
above that level (including a pro rata amount for any
increment less than 500), for carrying out such sections 462
and 235.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990 (``CCDBG Act''), $8,831,387,000 shall be used to
supplement, not supplant State general revenue funds for
child care assistance for low-income families: Provided,
That technical assistance under section 658I(a)(3) of such
Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency
agreements: Provided further, That all funds made available
to carry out section 418 of the Social Security Act (42
U.S.C. 618), including funds appropriated for that purpose in
such section 418 or any other provision of law, shall be
subject to the reservation of funds authority in paragraphs
(4) and (5) of section 658O(a) of the CCDBG Act: Provided
further, That notwithstanding the limitation in subparagraph
(B) of section 658O(a)(2) of such Act, of the amounts
appropriated under this heading, not less than 5 percent
shall be reserved under subparagraph (A) of such section for
payments to Indian Tribes and Tribal organizations: Provided
further, That of the amounts made available under this
heading, the Secretary may reserve up to 0.5 percent for
Federal administrative expenses: Provided further, That the
Secretary shall award to each State its allotted amount no
less than quarterly.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-
A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and
Services Act, the Native American Programs Act of 1974, title
II of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (adoption opportunities), part B-1 of
title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services
Block Grant Act (``CSBG Act''); and for necessary
administrative expenses to carry out titles I, IV, V, X, XI,
XIV, XVI, and XX-A of the Social Security Act, the Act of
July 5, 1960, and the Low-Income Home Energy Assistance Act
of 1981, $14,923,390,000, of which $75,000,000, to remain
available through September 30, 2027, shall be for grants to
States for adoption and legal guardianship incentive
payments, as defined by section 473A of the Social Security
Act and may be made for adoptions and legal guardianships
completed before September 30, 2026: Provided, That
$12,356,820,000 shall be for making payments under the Head
Start Act, including for Early Head Start-Child Care
Partnerships, and, of which, notwithstanding section 640 of
such Act:
(1) $75,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the
authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of
such Act, and such funds shall not be included in the
calculation of ``base grant'' in subsequent fiscal years, as
such term is used in section 640(a)(7)(A) of such Act;
(3) $10,000,000 shall be available for the Tribal Colleges
and Universities Head Start Partnership Program consistent
with section 648(g) of such Act;
(4) Not to exceed $8,000,000 shall be available until
September 30, 2027 for the Marshall Islands and Micronesia
for the start-up and operation of Head Start services and for
the provision of training and technical assistance:
Provided, That an agency awarded these funds shall not be
subject to the requirements of the system for designation
renewal as defined by section 641 of the Head Start Act, for
this award only, prior to 24 months after the date of such
award; and
[[Page H1222]]
(5) $21,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the
reservation of funds under section 640(a)(2)(C) of such Act
in lieu of reducing the reservation of funds under sections
640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act:
Provided further, That the Secretary shall award funding for
continuation awards and new award cycles that continue
previous activities under existing awards no later than the
day following the expiration of the period of performance:
Provided further, That $315,000,000 shall be available until
December 31, 2026 for carrying out sections 9212 and 9213 of
the Every Student Succeeds Act: Provided further, That up to
3 percent of the funds in the preceding proviso shall be
available for technical assistance and evaluation related to
grants awarded under such section 9212: Provided further,
That $810,383,000 shall be for making payments under the CSBG
Act: Provided further, That for services furnished under the
CSBG Act with funds made available for such purpose in this
fiscal year and in fiscal year 2025, States may apply the
last sentence of section 673(2) of the CSBG Act by
substituting ``200 percent'' for ``125 percent'': Provided
further, That $35,383,000 shall be for section 680 of the
CSBG Act, of which not less than $22,383,000 shall be for
section 680(a)(2) and not less than $13,000,000 shall be for
section 680(a)(3)(B) of such Act: Provided further, That,
notwithstanding section 675C(a)(3) of the CSBG Act, to the
extent Community Services Block Grant funds are distributed
as grant funds by a State to an eligible entity as provided
under such Act, and have not been expended by such entity,
they shall remain with such entity for carryover into the
next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That the Secretary
shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets
acquired with, and program income derived from, grant funds
authorized under section 680 of the CSBG Act to become the
sole property of such grantees after a period of not more
than 12 years after the end of the grant period for any
activity consistent with section 680(a)(2)(A) of the CSBG
Act: Provided further, That intangible assets in the form of
loans, equity investments and other debt instruments, and
program income may be used by grantees for any eligible
purpose consistent with section 680(a)(2)(A) of the CSBG Act:
Provided further, That these procedures shall apply to such
grant funds made available after November 29, 1999: Provided
further, That funds appropriated for section 680(a)(2) of the
CSBG Act shall be available for financing construction and
rehabilitation and loans or investments in private business
enterprises owned by community development corporations:
Provided further, That $245,000,000 shall be for carrying out
section 303(a) of the Family Violence Prevention and Services
Act, of which $9,500,000 shall be allocated notwithstanding
section 303(a)(2) of such Act for carrying out section 309 of
such Act: Provided further, That the percentages specified
in section 112(a)(2) of the Child Abuse Prevention and
Treatment Act shall not apply to funds appropriated under
this heading: Provided further, That $1,864,000 shall be for
a human services case management system for federally
declared disasters, to include a comprehensive national case
management contract and Federal costs of administering the
system: Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a
study of the system's effectiveness: Provided further, That
$40,801,000 shall be used for the projects, and in the
amounts, specified in the table titled ``Community Project
Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made
available for projects described in the preceding proviso
shall be subject to section 241 of the PHS Act or section 205
of this Act: Provided further, That $34,512,000 shall be for
the purposes and in the amounts specified in the table under
this heading in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
promoting safe and stable families
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $420,000,000 and, for carrying
out, except as otherwise provided, section 437 of such Act,
$62,515,000: Provided, That of the funds available to carry
out section 437, $59,765,000 shall be allocated consistent
with subsections (b) through (d) of such section: Provided
further, That of the funds available to carry out section
437, $2,750,000, in addition to funds otherwise appropriated
in section 476 for such purposes, shall be for the Family
First Clearinghouse and to support evaluation and technical
assistance relating to the evaluation of child and family
services: Provided further, That notwithstanding section
436(b)(1), such reserved amounts in the preceding proviso may
be used for identifying, establishing, and disseminating
practices to meet the criteria specified in section
471(e)(4)(C).
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, $6,843,000,000.
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, for the first quarter of fiscal
year 2027, $3,800,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), the RAISE Family
Caregivers Act, the Supporting Grandparents Raising
Grandchildren Act, titles III and XXIX of the PHS Act,
sections 1252 and 1253 of the PHS Act, section 119 of the
Medicare Improvements for Patients and Providers Act of 2008,
title XX-B of the Social Security Act, the Developmental
Disabilities Assistance and Bill of Rights Act of 2000, parts
2 and 5 of subtitle D of title II of the Help America Vote
Act of 2002, the Assistive Technology Act of 1998, titles II
and VII (and section 14 with respect to such titles) of the
Rehabilitation Act of 1973, and for Department-wide
coordination of policy and program activities that assist
individuals with disabilities, $2,453,737,000, together with
$55,242,000 to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That of amounts
made available under this heading to carry out sections 311,
331, and 336 of the OAA, up to one percent of such amounts
shall be available for developing and implementing evidence-
based practices for enhancing senior nutrition, including
medically-tailored meals: Provided further, That
notwithstanding any other provision of this Act, funds made
available under this heading to carry out section 311 of the
OAA may be transferred to the Secretary of Agriculture in
accordance with such section: Provided further, That up to 5
percent of the funds provided for adult protective services
grants under section 2042 of title XX of the Social Security
Act may be used to make grants to Tribes and Tribal
organizations: Provided further, That $2,000,000 shall be
for competitive grants to support alternative financing
programs that provide for the purchase of assistive
technology devices, such as a low-interest loan fund; an
interest buy-down program; a revolving loan fund; a loan
guarantee; or an insurance program: Provided further, That
applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing
program will expand and emphasize consumer choice and
control: Provided further, That State agencies and
community-based disability organizations that are directed by
and operated for individuals with disabilities shall be
eligible to compete: Provided further, That none of the
funds made available under this heading may be used by an
eligible system (as defined in section 102 of the Protection
and Advocacy for Individuals with Mental Illness Act (42
U.S.C. 10802)) to continue to pursue any legal action in a
Federal or State court on behalf of an individual or group of
individuals with a developmental disability (as defined in
section 102(8)(A) of the Developmental Disabilities and
Assistance and Bill of Rights Act of 2000 (20 U.S.C.
15002(8)(A)) that is attributable to a mental impairment (or
a combination of mental and physical impairments), that has
as the requested remedy the closure of State operated
intermediate care facilities for people with intellectual or
developmental disabilities, unless reasonable public notice
of the action has been provided to such individuals (or, in
the case of mental incapacitation, the legal guardians who
have been specifically awarded authority by the courts to
make healthcare and residential decisions on behalf of such
individuals) who are affected by such action, within 90 days
of instituting such legal action, which informs such
individuals (or such legal guardians) of their legal rights
and how to exercise such rights consistent with current
Federal Rules of Civil Procedure: Provided further, That the
limitations in the immediately preceding proviso shall not
apply in the case of an individual who is neither competent
to consent nor has a legal guardian, nor shall the proviso
apply in the case of individuals who are a ward of the State
or subject to public guardianship: Provided further, That of
the amount made available under this heading, $13,968,000
shall be used for the projects, and in the amounts, specified
in the table titled ``Community Project Funding/
Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided further, That none of the funds made
available for projects described in the preceding proviso
shall be subject to section 241 of the PHS Act or section 205
of this Act.
Administration for Strategic Preparedness and Response
research, development, and procurement
For carrying out title III and subtitles A and B of title
XXVIII of the PHS Act, with respect to the research,
development, storage, production, and procurement of medical
countermeasures to counter potential chemical, biological,
radiological, and nuclear threats to civilian populations,
$3,207,991,000: Provided, That of such amount:
[[Page H1223]]
(1) $1,050,000,000, to remain available through September
30, 2027, shall be for expenses necessary to support advanced
research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical
Advanced Research and Development Authority;
(2) $850,000,000, to remain available until expended, shall
be for expenses necessary for procuring security
countermeasures (as defined in section 319F-2(c)(1)(B) of the
PHS Act);
(3) $1,000,000,000, to remain available until expended,
shall be for expenses necessary to carry out section 319F-
2(a) of the PHS Act; and
(4) $307,991,000 shall be for expenses necessary to prepare
for or respond to an influenza pandemic, of which
$280,000,000 shall remain available until expended for
activities including the development and purchase of
vaccines, antivirals, necessary medical supplies,
diagnostics, and surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds
allocated under this paragraph may be used for the
construction or renovation of privately owned facilities for
the production of pandemic influenza vaccines and other
biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such
vaccines or biologics:
Provided further, That funds provided under this heading
for purposes of acquisition of security countermeasures shall
be in addition to any other funds made available for such
purposes: Provided further, That products purchased with
funds made available under this heading may, at the
discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F-2 of the PHS Act.
operations, preparedness, and emergency response
For carrying out titles III, XII, and subtitles A and B of
title XXVIII of the PHS Act, operations and emergency
response activities related to countering potential chemical,
biological, radiological, and nuclear threats and other
public health emergencies, $484,606,000: Provided, That of
the amounts made available under this heading, $5,000,000
shall remain available through September 30, 2028, to support
emergency operations: Provided further, That of the amounts
made available under this heading, $10,000,000 shall remain
available until September 30, 2027, for advanced research and
development, manufacturing, production, procurement,
distribution, and the acquisition, construction, alteration,
or renovation of non-federally owned facilities for the
production and purchase of medical countermeasures, which may
include the development, translation, and demonstration at
scale of innovations in manufacturing platform.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger
motor vehicles, and for carrying out titles III, XVII, XXI,
and section 229 of the PHS Act, the United States-Mexico
Border Health Commission Act, research studies under section
1110 of the Social Security Act, and for protection services
for the Secretary, $509,144,000, together with $64,828,000
from the amounts available under section 241 of the PHS Act
to carry out national health or human services research and
evaluation activities: Provided, That of this amount,
$56,000,000 shall be for minority AIDS prevention and
treatment activities: Provided further, That of the funds
made available under this heading, $101,000,000 shall be for
making competitive contracts and grants to public and private
entities to fund medically accurate and age appropriate
programs that reduce teen pregnancy and for the Federal costs
associated with administering and evaluating such contracts
and grants, of which not more than 10 percent of the
available funds shall be for training and technical
assistance, evaluation, outreach, and additional program
support activities, and of the remaining amount 75 percent
shall be for replicating programs that have been proven
effective through rigorous evaluation to reduce teenage
pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy:
Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS
Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy
prevention approaches: Provided further, That of the funds
made available under this heading, $35,000,000 shall be for
making competitive grants which exclusively implement
education in sexual risk avoidance (defined as voluntarily
refraining from non-marital sexual activity): Provided
further, That funding for such competitive grants for sexual
risk avoidance shall use medically accurate information
referenced to peer-reviewed publications by educational,
scientific, governmental, or health organizations; implement
an evidence-based approach integrating research findings with
practical implementation that aligns with the needs and
desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing
for poverty prevention, healthy relationships, goal setting,
and resisting sexual coercion, dating violence, and other
youth risk behaviors such as underage drinking or illicit
drug use without normalizing teen sexual activity: Provided
further, That no more than 10 percent of the funding for such
competitive grants for sexual risk avoidance shall be
available for technical assistance and administrative costs
of such programs: Provided further, That funds provided in
this Act for embryo adoption activities may be used to
provide to individuals adopting embryos, through grants and
other mechanisms, medical and administrative services deemed
necessary for such adoptions: Provided further, That such
services shall be provided consistent with 42 CFR 59.5(a)(4):
Provided further, That of the funds made available under
this heading, $5,000,000 shall be for carrying out prize
competitions sponsored by the Office of the Secretary to
accelerate innovation in the prevention, diagnosis, and
treatment of kidney diseases (as authorized by section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719)).
In addition, for expenses necessary to carry out title II
of the PHS Act to support, except as otherwise provided,
activities related to safeguarding classified national
security information and providing intelligence and national
security support across the Department and to counter
cybersecurity threats to civilian populations, $108,983,000.
In addition, for expenses necessary to prevent, prepare
for, or respond to an influenza pandemic, $7,009,000.
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in
the Office of the Secretary, $186,155,000 shall remain
available until September 30, 2027, to be transferred in
appropriate part from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust
Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health
information technology, $69,238,000, of which $35,863,000
shall be from amounts made available under section 241 of the
PHS Act.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, $87,000,000: Provided, That
of such amount, necessary sums shall be available for
investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228:
Provided further, That of the amount appropriated under this
heading, necessary sums shall be available for carrying out
activities authorized under section 3022 of the PHS Act (42
U.S.C. 300jj-52).
office for civil rights
For expenses necessary for the Office for Civil Rights,
$39,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act, such amounts as may be required during the
current fiscal year.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. None of the funds appropriated in this title
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
Executive Level II: Provided, That none of the funds
appropriated in this title shall be used to prevent the NIH
from paying up to 100 percent of the salary of an individual
at this rate.
Sec. 203. None of the funds appropriated in this or any
other Act may be expended pursuant to section 241 of the PHS
Act, except for funds specifically provided for in this Act,
or for other taps and assessments made by any office located
in HHS, prior to the preparation and submission of a report
by the Secretary to the Committees on Appropriations of the
House of Representatives and the Senate detailing the planned
uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased
by
[[Page H1224]]
more than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity
for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the effective date of a
contract awarded in fiscal year 2026 under section 338B of
such Act, or at any time if the individual who has been
awarded such contract has not received funds due under the
contract.
Sec. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 209. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment
to such an entity (based on an actuarially sound estimate of
the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage
for such services and a Medicare Advantage organization
described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title
may be used, in whole or in part, to advocate or promote gun
control.
Sec. 211. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international
health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2026:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this
section is exercised in a manner consistent with section 207
of the Foreign Service Act of 1980 and other applicable
statutes administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the
United States for the use of HHS. The Department of State
shall cooperate fully with the Secretary to ensure that HHS
has secure, safe, functional facilities that comply with
applicable regulation governing location, setback, and other
facilities requirements and serve the purposes established by
this Act. The Secretary is authorized, in consultation with
the Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit private
institutions or agencies in participating foreign countries,
funds to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities, including
activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other
health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under
chapter 9 of title I of the Foreign Service Act of 1980, and
22 U.S.C. 4081 through 4086 and subject to such regulations
prescribed by the Secretary. The Secretary is further
authorized to provide locality-based comparability payments
(stated as a percentage) up to the amount of the locality-
based comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304 of
title 5, United States Code if such personnel's official duty
station were in the District of Columbia. Leaves of absence
for personnel under this subsection shall be on the same
basis as that provided under subchapter I of chapter 63 of
title 5, United States Code, or section 903 of the Foreign
Service Act of 1980, to individuals serving in the Foreign
Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the
Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts
identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days
in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for
NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of NIH and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other
provision of law, the Director of NIH (``Director'') may use
funds authorized under section 402(b)(12) of the PHS Act to
enter into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified
pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the PHS Act.
(c) Notification.--The Director shall notify the Committees
on Appropriations of the House of Representatives and the
Senate not later than 15 days after the Director exercises
the authority under subsection (a) for any transaction that
is expected to cost the NIH in excess of $100,000,000.
Sec. 216. Not to exceed $100,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $5,000,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the
Administrator of the Health Resources and Services
Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have
received grants or contracts under sections 736, 739, or 747
of the PHS Act, and 1 percent of the amount made available
for NRSA shall be made available to the Director of the
Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's
programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States
Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal
year 2027 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the ACA, and the amendments made by
that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by
all funds appropriated for purposes of carrying out the ACA
(and the amendments made by that Act), the Secretary shall
include, at a minimum, the following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received
in discretionary or mandatory appropriations.
[[Page H1225]]
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the
fiscal year 2027 budget of the President submitted under
section 1105(a) of title 31, United States Code, information
that details the uses of all funds used by the Centers for
Medicare & Medicaid Services specifically for Health
Insurance Exchanges for each fiscal year since the enactment
of the ACA and the proposed uses for such funds for fiscal
year 2027. Such information shall include, for each such
fiscal year, the amount of funds used for each activity
specified under the heading ``Health Insurance Exchange
Transparency'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 221. None of the funds made available by this Act
from the Federal Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund, or transferred
from other accounts funded by this Act to the ``Centers for
Medicare & Medicaid Services--Program Management'' account,
may be used for payments under section 1342(b)(1) of Public
Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section
4002 of the ACA to the accounts specified, in the amounts
specified, and for the activities specified under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the
Secretary may not further transfer these amounts.
(c) Funds transferred for activities authorized under
section 2821 of the PHS Act shall be made available without
reference to section 2821(b) of such Act.
Sec. 223. Effective during the period beginning on
November 1, 2015 and ending January 1, 2028, any provision of
law that refers (including through cross-reference to another
provision of law) to the current recommendations of the
United States Preventive Services Task Force with respect to
breast cancer screening, mammography, and prevention shall be
administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and
prevention last issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the
provisions relating to indirect costs in part 75 of title 45,
Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue
to apply to the National Institutes of Health to the same
extent and in the same manner as such provisions were applied
in the third quarter of fiscal year 2017. None of the funds
appropriated in this or prior Acts or otherwise made
available to the Department of Health and Human Services or
to any department or agency may be used to develop or
implement a modified approach to such provisions, or to
intentionally or substantially expand the fiscal effect of
the approval of such deviations from negotiated rates beyond
the proportional effect of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds for opioid
addiction, opioid alternatives, stimulant misuse and
addiction, pain management, and addiction treatment to other
Institutes and Centers of the NIH to be used for the same
purpose 15 days after notifying the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That the transfer authority provided in
the previous proviso is in addition to any other transfer
authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care
Act of 2010 pertaining to enrollments during the open
enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and
Senate must be notified at least 2 business days in advance
of any public release of enrollment information or the award
of such grants.
Sec. 227. In addition to the amounts otherwise available
for ``Centers for Medicare & Medicaid Services, Program
Management'', the Secretary of Health and Human Services may
transfer up to $455,000,000 to such account from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to support program management
activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used
to support any provision of Public Law 111-148 or Public Law
111-152 (or any amendment made by either such Public Law) or
to supplant any other amounts within such account.
Sec. 228. The Department of Health and Human Services
shall provide the Committees on Appropriations of the House
of Representatives and Senate a biannual report 30 days after
enactment of this Act on staffing described in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Sec. 229. Funds appropriated in this Act that are
available for salaries and expenses of employees of the
Department of Health and Human Services shall also be
available to pay travel and related expenses of such an
employee or of a member of his or her family, when such
employee is assigned to duty, in the United States or in a
U.S. territory, during a period and in a location that are
the subject of a determination of a public health emergency
under section 319 of the Public Health Service Act and such
travel is necessary to obtain medical care for an illness,
injury, or medical condition that cannot be adequately
addressed in that location at that time. For purposes of this
section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands,
the Virgin Islands, American Samoa, or the Trust Territory of
the Pacific Islands.
Sec. 230. The Department of Health and Human Services may
accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal
Government for the care of unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))) in the care of the Office of
Refugee Resettlement of the Administration for Children and
Families, including medical goods and services, which may
include early childhood developmental screenings, school
supplies, toys, clothing, and any other items intended to
promote the wellbeing of such children.
Sec. 231. None of the funds made available in this Act
under the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'' may be obligated to a grantee or contractor to
house unaccompanied alien children (as such term is defined
in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))) in any facility that is not State-licensed
for the care of unaccompanied alien children, except in the
case that the Secretary determines that housing unaccompanied
alien children in such a facility is necessary on a temporary
basis due to an influx of such children or an emergency,
provided that--
(1) the terms of the grant or contract for the operations
of any such facility that remains in operation for more than
six consecutive months shall require compliance with--
(A) the same requirements as licensed placements, as listed
in Exhibit 1 of the Flores Settlement Agreement that the
Secretary determines are applicable to non-State licensed
facilities; and
(B) staffing ratios of one (1) on-duty Youth Care Worker
for every eight (8) children or youth during waking hours,
one (1) on-duty Youth Care Worker for every sixteen (16)
children or youth during sleeping hours, and clinician ratios
to children (including mental health providers) as required
in grantee cooperative agreements;
(2) the Secretary may grant a 60-day waiver for a
contractor's or grantee's non-compliance with paragraph (1)
if the Secretary certifies and provides a report to Congress
on the contractor's or grantee's good-faith efforts and
progress towards compliance;
(3) not more than four consecutive waivers under paragraph
(2) may be granted to a contractor or grantee with respect to
a specific facility;
(4) ORR shall ensure full adherence to the monitoring
requirements set forth in section 5.5 of its Policies and
Procedures Guide as of May 15, 2019;
(5) for any such unlicensed facility in operation for more
than three consecutive months, ORR shall conduct a minimum of
one comprehensive monitoring visit during the first three
months of operation, with quarterly monitoring visits
thereafter; and
(6) not later than 60 days after the date of enactment of
this Act, ORR shall brief the Committees on Appropriations of
the House of Representatives and the Senate outlining the
requirements of ORR for influx facilities including any
requirement listed in paragraph (1)(A) that the Secretary has
determined are not applicable to non-State licensed
facilities.
Sec. 232. In addition to the existing Congressional
notification for formal site assessments of potential influx
facilities, the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days before operationalizing an unlicensed
facility, and shall (1) specify whether the facility is hard-
sided or soft-sided, and (2) provide analysis
[[Page H1226]]
that indicates that, in the absence of the influx facility,
the likely outcome is that unaccompanied alien children will
remain in the custody of the Department of Homeland Security
for longer than 72 hours or that unaccompanied alien children
will be otherwise placed in danger. Within 60 days of
bringing such a facility online, and monthly thereafter, the
Secretary shall provide to the Committees on Appropriations
of the House of Representatives and the Senate a report
detailing the total number of children in care at the
facility, the average length of stay and average length of
care of children at the facility, and, for any child that has
been at the facility for more than 60 days, their length of
stay and reason for delay in release.
Sec. 233. None of the funds made available in this Act may
be used to prevent a United States Senator or Member of the
House of Representatives from entering, for the purpose of
conducting oversight, any facility in the United States used
for the purpose of maintaining custody of, or otherwise
housing, unaccompanied alien children (as defined in section
462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))), provided that such Senator or Member has
coordinated the oversight visit with the Office of Refugee
Resettlement not less than two business days in advance to
ensure that such visit would not interfere with the
operations (including child welfare and child safety
operations) of such facility.
Sec. 234. Not later than 14 days after the date of
enactment of this Act, and monthly thereafter, the Secretary
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate, and make publicly
available online, a report with respect to children who were
separated from their parents or legal guardians by the
Department of Homeland Security (DHS) (regardless of whether
or not such separation was pursuant to an option selected by
the children, parents, or guardians), subsequently classified
as unaccompanied alien children, and transferred to the care
and custody of ORR during the previous month. Each report
shall contain the following information:
(1) the number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported
by sector where separation occurred; and
(2) the documented cause of separation, as reported by DHS
when each child was referred.
Sec. 235. Funds appropriated in this Act that are
available for salaries and expenses of employees of the
Centers for Disease Control and Prevention shall also be
available for the primary and secondary schooling of eligible
dependents of personnel stationed in a U.S. territory at
costs not in excess of those paid for or reimbursed by the
Department of Defense: Provided, That for purposes of this
section, the term ``U.S. territory'' means Guam, the
Commonwealth of Puerto Rico, the Northern Mariana Islands,
the Virgin Islands, American Samoa, or the Trust Territory of
the Pacific Islands.
Sec. 236. Funds made available in this Act under each of
the headings ``Immunization and Respiratory Diseases'',
``HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases,
and Tuberculosis Prevention'', ``Emerging and Zoonotic
Infectious Diseases'', ``Chronic Disease Prevention and
Health Promotion'', ``Birth Defects, Developmental
Disabilities, Disabilities and Health'', ``Public Health
Scientific Services'', ``Environmental Health'', ``Injury
Prevention and Control'', ``National Institute for
Occupational Safety and Health'', ``Global Health'', ``Public
Health Preparedness and Response'', and ``CDC-Wide Activities
and Program Support'' shall be for the budget activities, and
in the amounts specified in the table under each such heading
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(rescission)
Sec. 237. Of the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 223 of
division G of Public Law 110-161, $1,826,000,000 are hereby
rescinded not later than September 30, 2026, except that no
amounts may be rescinded from amounts that were previously
designated by the Congress as being for an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 238. The Director of the NIH shall hereafter require
institutions that receive funds through a grant or
cooperative agreement or other form of extramural award
during fiscal year 2026 and in future years to complete any
investigation undertaken due to concerns about harassment,
bullying retaliation, or hostile working conditions regarding
any individual identified as a principal investigator or key
personnel in an NIH notice of award or progress report even
if during the course of the investigation the individual
under investigation leaves their current position and is no
longer employed by the institution. The Director may
hereafter decline transfer of an ongoing extramural award to
a different institution if concerns about harassment,
bullying, hostile work environment, or other professional
misconduct on the part of a principal investigator or key
personnel named in the Notice of Award or progress report
have not been resolved to the NIH's satisfaction. The
Director of the NIH shall hereafter have the authority to
share investigation reports, conclusions, and results of any
investigation of individuals identified as a principal
investigator or as key personnel in an NIH notice of award or
progress report due to concerns about harassment, bullying,
retaliation, or hostile working conditions on an as needed
basis with any institution that receives funds through a
grant or cooperative agreement or other form of extramural
award during fiscal year 2026 or any subsequent fiscal year.
The Director may issue regulations consistent with this
section.
Sec. 239. The Department of Health and Human Services
shall support staffing levels necessary to fulfill its
statutory responsibilities including carrying out programs,
projects, and activities funded in this title of this Act in
a timely manner: Provided, That the Secretary shall submit a
detailed plan and justification to the Committees on
Appropriations of the House of Representatives and the
Senate, and make publicly available to allow for an
independent review not less than 60 days prior to initiating
the execution of any reorganization moving functions,
pursuant to any authorities otherwise provided, carried out
by the Centers for Disease Control and Prevention to another
component of the Department of Health and Human Services,
relative to how such functions are funded in this Act.
Sec. 240. (a) Not to exceed the amount of funds made
available under the heading ``National Institutes of Health''
in fiscal year 2025 that were obligated during fiscal year
2025 for more than one year of a multiyear award may be
obligated in fiscal year 2026 from amounts made available
under such heading in this Act for more than one year of a
multiyear award.
(b) A multiyear award, as the term is used in this section,
includes multiyear awards for grants, cooperative agreements,
contracts, and any other financial mechanisms.
Sec. 241. The Administrator of the Centers for Medicare &
Medicaid Services shall not apply the distance requirements
under 1820(c)(2)(B)(i)(I) of the Social Security Act (42
U.S.C. 1395i-4(c)(2)(B)(i)(I)) to any facility with a
critical access hospital provider agreement that was
designated and certified as a critical access hospital as of
January 1, 2024, and receives a notification letter from the
Centers for Medicare & Medicaid Services during the period
beginning on December 1, 2024, and ending on January 1, 2026,
that the facility was found to be noncompliant with such
distance requirements under section 1820(c)(2)(B)(i)(I) of
the Social Security Act (42 U.S.C. 1395i-4(c)(2)(B)(i)(I)).
In the case where a provider agreement for such facility was
terminated on or after December 1, 2024 but prior to the date
of enactment of this Act exclusively because such facility
was unable to meet the distance requirement under section
1820(c)(2)(B)(i)(I) of the Social Security Act (42 U.S.C.
1395i-4(c)(2)(B)(i)(I)), the Administrator shall provide for
the recertification of such facility as a critical access
hospital and reinstatement of such provider agreement. This
provision shall not be construed to prohibit the application
of any other enforcement measures deemed necessary by the
Administrator, including termination of the provider
agreement, in response to such facility's violation of any
Federal regulation other than the distance requirement.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2026''.
TITLE III
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
education for the disadvantaged
For carrying out title I and subpart 2 of part B of title
II of the Elementary and Secondary Education Act of 1965
(referred to in this Act as ``ESEA'') and section 418A of the
Higher Education Act of 1965 (referred to in this Act as
``HEA''), $19,127,790,000, of which $8,199,490,000 shall
become available on July 1, 2026, and shall remain available
through September 30, 2027, and of which $10,841,177,000
shall become available on October 1, 2026, and shall remain
available through September 30, 2027, for academic year 2026-
2027: Provided, That $6,459,401,000 shall be for basic
grants under section 1124 of the ESEA: Provided further,
That up to $5,000,000 of these funds shall be available to
the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2025, to obtain annually updated
local educational agency-level census poverty data from the
Bureau of the Census: Provided further, That $1,362,301,000
shall be for concentration grants under section 1124A of the
ESEA: Provided further, That $5,302,550,000 shall be for
targeted grants under section 1125 of the ESEA: Provided
further, That $5,302,550,000 shall be for education finance
incentive grants under section 1125A of the ESEA: Provided
further, That $224,000,000 shall be for carrying out subpart
2 of part B of title II: Provided further, That $52,123,000
shall be for carrying out section 418A of the HEA.
impact aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VII of the
ESEA, $1,630,151,000, of which $1,477,000,000 shall be for
basic support payments under section 7003(b), $49,316,000
shall be for payments for children with disabilities under
section 7003(d), $19,000,000 to remain available through
September 30, 2027, shall be for construction under section
7007(b), $80,000,000 shall be for Federal property payments
under section 7002, and $4,835,000, to remain available until
expended, shall be for facilities maintenance
[[Page H1227]]
under section 7008: Provided, That for purposes of computing
the amount of a payment for an eligible local educational
agency under section 7003(a) for school year 2025-2026,
children enrolled in a school of such agency that would
otherwise be eligible for payment under section 7003(a)(1)(B)
of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole
custody of such children, or due to the death of a military
parent or legal guardian while on active duty (so long as
such children reside on Federal property as described in
section 7003(a)(1)(B)), are no longer eligible under such
section, shall be considered as eligible students under such
section, provided such students remain in average daily
attendance at a school in the same local educational agency
they attended prior to their change in eligibility status.
school improvement programs
For carrying out school improvement activities authorized
by part B of title I, part A of title II, subpart 1 of part A
of title IV, part B of title IV, part B of title V, and parts
B and C of title VI of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; and the Civil Rights Act of 1964,
$5,781,178,000, of which $3,952,312,000 shall become
available on July 1, 2026, and remain available through
September 30, 2027, and of which $1,681,441,000 shall become
available on October 1, 2026, and shall remain available
through September 30, 2027, for academic year 2026-2027:
Provided, That $2,190,080,000 shall be for part A of title II
of the ESEA: Provided further, That $380,000,000 shall be
for part B of title I: Provided further, That $1,329,673,000
shall be for part B of title IV: Provided further, That
$45,897,000 shall be for part B of title VI, which may be
used for construction, renovation, and modernization of any
public elementary school, secondary school, or structure
related to a public elementary school or secondary school
that serves a predominantly Native Hawaiian student body, and
that the 5 percent limitation in section 6205(b) of the ESEA
on the use of funds for administrative purposes shall apply
only to direct administrative costs: Provided further, That
the Secretary shall use $650,000 of funds made available in
the preceding proviso to carry out section 6204 of the ESEA:
Provided further, That $44,953,000 shall be for part C of
title VI, which shall be awarded on a competitive basis, and
may be used for construction, and that the 5 percent
limitation in section 6305 of the ESEA on the use of funds
for administrative purposes shall apply only to direct
administrative costs: Provided further, That $50,000,000
shall be available to carry out section 203 of the
Educational Technical Assistance Act of 2002 and the
Secretary shall make such arrangements as determined to be
necessary to ensure that the Bureau of Indian Education has
access to services provided under this section: Provided
further, That $225,000,000 shall be for part B of title V:
Provided further, That in carrying out such part B the
percentage in section 316(b)(1)(F) of title III of division H
of Public Law 116-260 shall be deemed 83.33 percent:
Provided further, That $1,380,000,000 shall be available for
grants under subpart 1 of part A of title IV: Provided
further, That $129,000,000 shall be for subpart B of title
VII of the McKinney-Vento Homeless Assistance Act, which
shall be available for expenditure by educational agencies
and institutions for an additional fiscal year following the
succeeding fiscal year provided by subsection 421(b)(1) of
the General Education Provisions Act.
indian education
For expenses necessary to carry out, to the extent not
otherwise provided, title VI, part A of the ESEA,
$196,746,000, of which $72,000,000 shall be for subpart 2 of
part A of title VI and $14,365,000 shall be for subpart 3 of
part A of title VI: Provided, That the 5 percent limitation
in sections 6115(d), 6121(e), and 6133(g) of the ESEA on the
use of funds for administrative purposes shall apply only to
direct administrative costs: Provided further, That grants
awarded under sections 6132 and 6133 of the ESEA with funds
provided under this heading may be for a period of up to 5
years: Provided further, That the Secretary may make awards
under subpart 3 of part A of title VI without regard to the
funding limitation in section 6133(b)(1) of the ESEA.
innovation and improvement
For carrying out activities authorized by subparts 1, 3,
and 4 of part B of title II, and parts C, D, and E and
subparts 1 and 4 of part F of title IV of the ESEA,
$1,191,147,000, which shall be for the purposes and in the
amounts specified in the ``Final Bill'' column for Innovation
and Improvement in the ``Departments of Labor, Health and
Human Services, Education, and Related Agencies
Appropriations Act, 2026'' table in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act), of which the amounts made available
for ``Community Project Funding/Congressionally Directed
Spending'' are for the projects, and in the amounts,
specified for this account in the table titled ``Community
Project Funding/Congressionally Directed Spending'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) and none of
the funds made available for such projects shall be subject
to section 302 of this Act: Provided, That amounts for
subparts 1, 3, and 4 of part B of title II shall be made
available without regard to sections 2201, 2231(b), and 2241:
Provided further, That amounts for parts C, D, and E and
subpart 4 of part F of title IV shall be made available
without regard to sections 4311, 4409(a), and 4601 of the
ESEA: Provided further, That section 4303(d)(3)(A)(i) shall
not apply to the funds available for part C of title IV:
Provided further, That of the funds available for part C of
title IV, the Secretary shall use not less than $60,000,000
to carry out section 4304, not more than $140,000,000, to
remain available through March 31, 2027, to carry out section
4305(b), from which the amount necessary for continuation
grants may be available for obligation through March 31,
2027, and not more than $16,000,000 to carry out the
activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $235,000,000 shall be
available through December 31, 2026 for subpart 1 of part F
of title IV: Provided further, That of the funds available
for subpart 4 of part F of title IV, not less than $8,000,000
shall be used for grants for eligible national nonprofit
organizations, as described in the Applications for New
Awards; Assistance for Arts Education Program published in
the Federal Register on May 31, 2022, for activities
described under section 4642(a)(1)(C): Provided further,
That the competitive preference priority described in such
notice shall be given only to an eligible national nonprofit
organization that previously received the competitive
preference priority pursuant to such notice.
safe schools and citizenship education
For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $431,000,000, to remain
available through December 31, 2026: Provided, That
$190,000,000 shall be available for section 4631, of which up
to $6,000,000, to remain available until expended, shall be
for the Project School Emergency Response to Violence
(Project SERV) program: Provided further, That $150,000,000
shall be available for section 4625: Provided further, That
$91,000,000 shall be for section 4624.
Office of English Language Acquisition
english language acquisition
For carrying out part A of title III of the ESEA,
$890,000,000, which shall become available on July 1, 2026,
and shall remain available through September 30, 2027, except
that 6.5 percent of such amount shall be available on October
1, 2025, and shall remain available through September 30,
2027, to carry out activities under section 3111(c)(1)(C).
Office of Special Education and Rehabilitative Services
special education
For carrying out the Individuals with Disabilities
Education Act (IDEA) and the Special Olympics Sport and
Empowerment Act of 2004, $15,490,264,000, of which
$5,910,321,000 shall become available on July 1, 2026, and
shall remain available through September 30, 2027, and of
which $9,283,383,000 shall become available on October 1,
2026, and shall remain available through September 30, 2027,
for academic year 2026-2027: Provided, That the amount for
section 611(b)(2) of the IDEA shall be equal to the lesser of
the amount available for that activity during fiscal year
2025, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but
not less than the amount for that activity during fiscal year
2025: Provided further, That the Secretary shall, without
regard to section 611(d) of the IDEA, distribute to all other
States (as that term is defined in section 611(g)(2)),
subject to the third proviso, any amount by which a State's
allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the
States' relative populations of children aged 3 through 21
who are of the same age as children with disabilities for
whom the State ensures the availability of a free appropriate
public education under this part, and 15 percent to States on
the basis of the States' relative populations of those
children who are living in poverty: Provided further, That
the Secretary may not distribute any funds under the previous
proviso to any State whose reduction in allocation from funds
appropriated under this heading made funds available for such
a distribution: Provided further, That the States shall
allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under
section 612(a)(18)(B) and the amounts distributed to States
under the previous provisos in fiscal year 2012 or any
subsequent year shall not be considered in calculating the
awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That,
notwithstanding the provision in section 612(a)(18)(B)
regarding the fiscal year in which a State's allocation under
section 611(d) is reduced for failure to comply with the
requirement of section 612(a)(18)(A), the Secretary may apply
the reduction specified in section 612(a)(18)(B) over a
period of consecutive fiscal years, not to exceed 5, until
the entire reduction is applied: Provided further, That the
Secretary may, in any fiscal year in which a State's
allocation under section 611 is reduced in accordance with
section 612(a)(18)(B), reduce the amount a State may reserve
under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as
the reduction under section
[[Page H1228]]
612(a)(18)(B) bears to the total allocation the State would
have received in that fiscal year under section 611(d) in the
absence of the reduction: Provided further, That the
Secretary shall either reduce the allocation of funds under
section 611 for any fiscal year following the fiscal year for
which the State fails to comply with the requirement of
section 612(a)(18)(A) as authorized by section 612(a)(18)(B),
or seek to recover funds under section 452 of the General
Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may
be used to provide technical assistance to States to improve
the capacity of the States to meet the data collection
requirements of sections 616 and 618 and to administer and
carry out other services and activities to improve data
collection, coordination, quality, and use under parts B and
C of the IDEA: Provided further, That the Secretary may use
funds made available for the State Personnel Development
Grants program under part D, subpart 1 of IDEA to evaluate
program performance under such subpart: Provided further,
That States may use funds reserved for other State-level
activities under sections 611(e)(2) and 619(f) of the IDEA to
make subgrants to local educational agencies, institutions of
higher education, other public agencies, and private non-
profit organizations to carry out activities authorized by
those sections: Provided further, That, notwithstanding
section 643(e)(2)(A) of the IDEA, if 5 or fewer States apply
for grants pursuant to section 643(e) of such Act, the
Secretary shall provide a grant to each State in an amount
equal to the maximum amount described in section 643(e)(2)(B)
of such Act: Provided further, That if more than 5 States
apply for grants pursuant to section 643(e) of the IDEA, the
Secretary shall award funds to those States on the basis of
the States' relative populations of infants and toddlers
except that no such State shall receive a grant in excess of
the amount described in section 643(e)(2)(B) of such Act:
Provided further, That States may use funds allotted under
section 643(c) of the IDEA to make subgrants to local
educational agencies, institutions of higher education, other
public agencies, and private non-profit organizations to
carry out activities authorized by section 638 of IDEA:
Provided further, That, notwithstanding section 638 of the
IDEA, a State may use funds it receives under section 633 of
the IDEA to offer continued early intervention services to a
child who previously received services under part C of the
IDEA from age 3 until the beginning of the school year
following the child's third birthday with parental consent
and without regard to the procedures in section 635(c) of the
IDEA: Provided further, That notwithstanding section 638 of
the IDEA, a State may use funds appropriated under Part C of
the IDEA to conduct child find, public awareness, and
referral activities for an individual who is expected to
become a parent of an infant with a disability (as that term
is defined in section 632(5)), as established by medical or
other records: Provided further, That any State electing to
use funds under the preceding proviso shall ensure that, as
soon as possible but not later than 45 days after the child's
birth, it completes the referral and eligibility process
under this part for that child.
rehabilitation services
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National
Center Act, $4,648,295,000, of which $4,504,096,000 shall be
for grants for vocational rehabilitation services under title
I of the Rehabilitation Act: Provided, That the Secretary
may use amounts provided in this Act that remain available
subsequent to the reallotment of funds to States pursuant to
section 110(b) of the Rehabilitation Act for innovative
activities aimed at increasing competitive integrated
employment as defined in section 7 of such Act for youth and
other individuals with disabilities, including related
Federal administrative expenses, for improving monitoring and
oversight of grants for vocational rehabilitation services
under title I of the Rehabilitation Act, and information
technology needs under section 15 and titles I, III, VI, and
VII of the Rehabilitation Act: Provided further, That up to
15 percent of the amounts available subsequent to reallotment
for the activities described in the first proviso from funds
provided under this paragraph in this Act, may be used for
evaluation and technical assistance related to such
activities: Provided further, That any funds made available
subsequent to reallotment for the activities described in the
first proviso may be provided to States and other public,
private and nonprofit entities, including Indian Tribes and
institutions of higher education for carrying out such
activities: Provided further, That States and other public
and nonprofit entities, including Indian Tribes and
institutions of higher education may award subgrants for a
portion of the funds to other eligible entities: Provided
further, That any funds provided in this Act and made
available subsequent to reallotment for the purposes
described in the first proviso shall remain available until
September 30, 2027: Provided further, That any funds
provided in the Full-Year Continuing Appropriations and
Extensions Act, 2025 (Public Law 119-4) and made available
subsequent to reallotment shall remain available until
September 30, 2026: Provided further, That the Secretary may
transfer funds provided in this Act and made available
subsequent to the reallotment of funds to States pursuant to
section 110(b) of the Rehabilitation Act to ``Institute of
Education Sciences'' for the evaluation of outcomes for
students receiving services and supports under IDEA and under
title I, section 504 of title V, and title VI of the
Rehabilitation Act: Provided further, That the transfer
authority in the preceding proviso is in addition to any
other transfer authority in this Act.
special institutions for persons with disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the
Blind of March 3, 1879, $43,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$92,500,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such
Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $167,361,000, of which up to
$15,000,000, to remain available until expended, shall be for
construction, as defined by section 201(2) of such Act:
Provided, That from the total amount available, the
University may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
Office of Career, Technical, and Adult Education
career, technical, and adult education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
(``Perkins Act'') and the Adult Education and Family Literacy
Act (``AEFLA''), $2,181,436,000, of which $1,390,436,000
shall become available on July 1, 2026, and shall remain
available through September 30, 2027, and of which
$791,000,000 shall become available on October 1, 2026, and
shall remain available through September 30, 2027: Provided,
That up to $6,100,000 shall be available for innovation and
modernization grants under such section 114(e) of the Perkins
Act: Provided further, That of the amounts made available
for AEFLA, $13,712,000 shall be for national leadership
activities under section 242.
Office of Federal Student Aid
student financial assistance
For carrying out subparts 1 and 3 of part A, and part C of
title IV of the HEA, $24,615,352,000 which shall remain
available through September 30, 2027: Provided, That
$22,475,352,000 shall be for subpart 1 of part A,
$910,000,000 shall be for subpart 3 of part A, and
$1,230,000,000 shall be for part C.
The maximum Pell Grant for which a student shall be
eligible during award year 2026-2027 shall be $6,335.
student aid administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act,
$2,058,943,000, to remain available through September 30,
2027: Provided, That in order to promote accountability and
high-quality service to borrowers, the Secretary shall not
award funding for any contract solicitation for a new Federal
student loan servicing environment unless such an environment
provides for the participation of multiple student loan
servicers that contract directly with the Department of
Education to manage a unique portfolio of borrower accounts
and the full life-cycle of loans from disbursement to pay-off
with certain limited exceptions, and allocates student loan
borrower accounts to eligible student loan servicers based on
performance: Provided further, That the Department shall re-
allocate accounts from servicers for recurring non-compliance
with FSA guidelines, contractual requirements, and applicable
laws, including for failure to sufficiently inform borrowers
of available repayment options: Provided further, That such
servicers shall be evaluated based on their ability to meet
contract requirements (including an understanding of Federal
and State law), future performance on the contracts, and
history of compliance with applicable consumer protections
laws: Provided further, That FSA shall ensure that the
Federal loan servicing environment incentivizes more support
to borrowers at risk of delinquency or default: Provided
further, That FSA shall ensure that in such environment
contractors have the capacity to meet and are held
accountable for performance on service levels; are held
accountable for and have a history of compliance with
applicable consumer protection laws; and have relevant
experience and demonstrated effectiveness: Provided further,
That the Secretary shall provide monthly briefings to the
Committees on Appropriations and Education and Workforce of
the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of
the Senate on general progress related to Federal student
loan servicing and repayment: Provided further, That FSA
shall
[[Page H1229]]
strengthen transparency through expanded publication of
aggregate data on student loan and servicer performance:
Provided further, That the limitation in section 302 of this
Act regarding transfers increasing any appropriation shall
apply to transfers to appropriations under this heading by
substituting ``10 percent'' for ``3 percent'' for the
purposes of the continuation of basic operations, including
student loan servicing, business process operations, digital
customer care, common origination and disbursement,
cybersecurity activities, and information technology systems:
Provided further, That not later than 45 days after
enactment of this Act, FSA shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a detailed spend plan of anticipated uses of funds made
available in this account for fiscal year 2026 and provide
quarterly updates on this plan (including contracts awarded,
change orders, bonuses paid to staff, reorganization costs,
and any other activity carried out using amounts provided
under this heading for fiscal year 2026) no later than 10
days prior to the start of such quarter: Provided further,
That FSA shall notify the Committees within 10 days of any
modification of such spend plan that exceeds five percent of
the amount appropriated under the heading ``Student Aid
Administration''.
Office of Postsecondary Education
higher education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, VII, and VIII of the HEA, the
Mutual Educational and Cultural Exchange Act of 1961, and
section 117 of the Perkins Act, $3,265,598,000, of which
$2,243,711,000 shall be for the purposes and in the amounts,
other than for ``Aid for Institutional Development'',
specified in the ``Final Bill'' column for Higher Education
in the ``Departments of Labor, Health and Human Services,
Education, and Related Agencies Appropriations Act, 2026''
table in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act), of
which the amounts made available for Community Project
Funding/Congressionally Directed Spending are for the
projects, and in the amounts, specified for this account in
the table titled ``Community Project Funding/Congressionally
Directed Spending'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act) and none of the funds made available for
such projects shall be subject to section 302 of this Act,
and of which the amounts made available for part B of title
VII of the HEA shall be for the purposes and in the amounts
specified in the table under the heading ``Fund for the
Improvement of Postsecondary Education'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That of the
amounts provided under this heading, $493,331,000 shall be
for carrying out part A of title III and title V of the HEA,
of which $53,807,000 shall be for carrying out section 316:
Provided further, That of the amounts provided under this
heading, $528,556,000 shall be for carrying out part B of
title III and section 723 of the HEA, of which $6,000,000 of
the amounts available for section 323 of the HEA shall be for
grants to supplement amounts awarded to part B institutions
that are junior or community colleges, as defined in section
312(f) of the HEA: Provided further, That the supplemental
funds described in the preceding proviso are in addition to
any grant award that any institution may receive under
section 323 of the HEA and shall be allocated in accordance
with the allotments specified under section 324 of such Act:
Provided further, That notwithstanding any other provision of
law, funds made available in this Act to carry out title VI
of the HEA and section 102(b)(6) of the Mutual Educational
and Cultural Exchange Act of 1961 may be used to support
visits and study in foreign countries by individuals who are
participating in advanced foreign language training and
international studies in areas that are vital to United
States national security and who plan to apply their language
skills and knowledge of these countries in the fields of
government, the professions, or international development:
Provided further, That of the funds referred to in the
preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination
activities: Provided further, That up to 1.5 percent of the
funds made available under chapter 2 of subpart 2 of part A
of title IV of the HEA may be used for evaluation: Provided
further, That section 313(d) of the HEA shall not apply to an
institution of higher education that is eligible to receive
funding under section 318 of the HEA: Provided further, That
amounts made available for carrying out section 419N of the
HEA may be awarded notwithstanding the limitations in section
419N(b)(2) of the HEA: Provided further, That activities
authorized under sections 317(c)(2)(B), 319(c)(2)(B), and
320(c)(2)(B) of the HEA may include construction and
maintenance in classrooms, libraries, laboratories, and other
instructional facilities.
howard university
For partial support of Howard University, $254,018,000, of
which not less than $3,405,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment
Act and shall remain available until expended.
college housing and academic facilities loans program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $298,000.
historically black college and university capital financing program
account
For the cost of guaranteed loans, $20,150,000, as
authorized pursuant to part D of title III of the HEA, which
shall remain available through September 30, 2027: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $500,000,000:
Provided further, That these funds may be used to support
loans to public and private Historically Black Colleges and
Universities without regard to the limitations within section
344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $528,000.
Institute of Education Sciences
For necessary expenses for the Institute of Education
Sciences as authorized by section 208 of the Department of
Education Organization Act and carrying out activities
authorized by the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals
with Disabilities Education Act, $789,606,000, to remain
available through September 30, 2027, which shall be for the
purposes and in the amounts specified in the ``Final Bill''
column for Institute of Education Sciences in the
``Departments of Labor, Health and Human Services, Education,
and Related Agencies Appropriations Act, 2026'' table in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided,
That funds available to carry out section 208 of the
Educational Technical Assistance Act may be used to link
Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to
further develop such systems: Provided further, That up to
$6,000,000 of the funds available to carry out section 208 of
the Educational Technical Assistance Act may be used for
awards to public or private organizations or agencies to
support activities to improve data coordination, quality, and
use at the local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $399,407,000: Provided,
That, notwithstanding any other provision of law, none of the
funds provided by this Act or provided by previous
Appropriations Acts to the Department of Education available
for obligation or expenditure in the current fiscal year may
be used for any activity relating to implementing a
reorganization that decentralizes, reduces the staffing
level, or alters the responsibilities, structure, authority,
or functionality of the Budget Service of the Department of
Education, relative to the organization and operation of the
Budget Service as in effect on January 1, 2018: Provided
further, That none of the funds provided by this Act may be
used to support a number of non-career employees that is more
than the number of non-career employees as of December 31,
2022: Provided further, That the Department of Education
shall support staffing levels necessary to fulfill its
statutory responsibilities including carrying out programs,
projects, and activities funded in this title of this Act in
a timely manner.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $140,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $67,500,000, of which $3,000,000 shall
remain available through September 30, 2027.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA
shall be available from July 1, 2026, through September 30,
2027.
[[Page H1230]]
Sec. 304. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2026 may use
the income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and
V of the HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f))
shall be applied by substituting ``2026'' for ``2021''.
Sec. 306. Section 458(a)(4) of the HEA (20 U.S.C.
1087h(a)) shall be applied by substituting ``2027'' for
``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments
for student loan servicing to an institution of higher
education that services outstanding Federal Perkins Loans
under part E of title IV of the Higher Education Act of 1965
(20 U.S.C. 1087aa et seq.).
Sec. 308. The Secretary may reserve not more than 0.5
percent from any amount made available in this Act for an HEA
program, except for any amounts made available for subpart 1
of part A of title IV of the HEA, to carry out rigorous and
independent evaluations and to collect and analyze outcome
data for any program authorized by the HEA: Provided, That
no funds made available in this Act for the ``Student Aid
Administration'' account shall be subject to the reservation
under this section: Provided further, That any funds
reserved under this section shall be available through
September 30, 2028: Provided further, That if, under any
other provision of law, funds are authorized to be reserved
or used for evaluation activities with respect to a program
or project, the Secretary may also reserve funds for such
program or project for the purposes described in this section
so long as the total reservation of funds for such program or
project does not exceed any statutory limits on such
reservations: Provided further, That not later than 30 days
prior to the initial obligation of funds reserved under this
section, the Secretary shall submit to the Committees on
Appropriations of the Senate and the House of
Representatives, the Committee on Health, Education, Labor
and Pensions of the Senate, and the Committee on Education
and Workforce of the House of Representatives a plan that
identifies the source and amount of funds reserved under this
section, the impact on program grantees if funds are withheld
for the purposes of this section, and the activities to be
carried out with such funds.
(including transfer of funds)
Sec. 309. Of the amounts appropriated in this Act for
``Institute of Education Sciences'' from amounts available
for Program Administration, up to $20,000,000 shall be
available for the Secretary of Education (``the Secretary'')
to provide support services to the Institute of Education
Sciences (including, but not limited to information
technology services, lease or procurement of office space,
human resource services, financial management services,
financial systems support, budget formulation and execution,
legal counsel, equal employment opportunity services,
physical security, facilities management, acquisition and
contract management, grants administration and policy, and
enterprise risk management): Provided, That the Secretary
shall calculate the actual amounts obligated and expended for
such support services by using a standard Department of
Education methodology for allocating the cost of all such
support services: Provided further, That the Secretary may
transfer any amounts available for IES support services in
excess of actual amounts needed for IES support services, as
so calculated, to the ``Program Administration'' account from
the ``Institute of Education Sciences'' account: Provided
further, That in order to address any shortfall between
amounts available for IES support services and amounts needed
for IES support services, as so calculated, the Secretary may
transfer necessary amounts to the ``Institute of Education
Sciences'' account from the ``Program Administration''
account: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate
are notified at least 14 days in advance of any transfer made
pursuant to this section.
(rescission and transfer of funds)
Sec. 310. Of the unobligated balances in the ``Department
of Education Nonrecurring Expenses Fund'' established in
section 313 of division H of Public Law 116-260, $160,000,000
are hereby rescinded not later than September 30, 2026:
Provided, That from any remaining unobligated balances in
such Fund, the Secretary may transfer up to $60,000,000 to
``Innovation and Improvement'' to be merged with funds made
available under such heading for carrying out activities
authorized under part C of title IV of the ESEA.
(rescission)
Sec. 311. Of the funds made available under the heading
``Institute of Education Sciences'' pursuant to section
1101(a)(8) of the Full-Year Continuing Appropriations Act,
2025 (division A of Public Law 119-4) for program
administration, $25,000,000 are hereby permanently rescinded
not later than September 30, 2026.
Sec. 312. The Secretary shall award to each State an
amount as required under the applicable provisions of the
ESEA, McKinney-Vento Homeless Assistance Act, IDEA, Perkins
Act, and AEFLA for each formula grant program to which funds
are appropriated in this Act on the date such funds become
available for obligation.
This title may be cited as the ``Department of Education
Appropriations Act, 2026''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled (referred to in
this title as ``the Committee'') established under section
8502 of title 41, United States Code, $13,124,000: Provided,
That in order to authorize any central nonprofit agency
designated pursuant to section 8503(c) of title 41, United
States Code, to perform requirements of the Committee as
prescribed under section 51-3.2 of title 41, Code of Federal
Regulations, the Committee shall enter into a written
agreement with any such central nonprofit agency: Provided
further, That such agreement shall contain such auditing,
oversight, and reporting provisions as necessary to implement
chapter 85 of title 41, United States Code: Provided
further, That such agreement shall include the elements
listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement
Elements'' in the explanatory statement described in section
4 of Public Law 114-113 (in the matter preceding division A
of that consolidated Act): Provided further, That any such
central nonprofit agency may not charge a fee under section
51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided
further, That no less than $3,150,000 shall be available for
the Office of Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973
(referred to in this title as ``1973 Act'') and the National
and Community Service Act of 1990 (referred to in this title
as ``1990 Act''), $975,525,000, which shall be for the
purposes and in the amounts specified in the ``Final Bill''
column for Corporation for National and Community Service in
the ``Departments of Labor, Health and Human Services,
Education, and Related Agencies Appropriations Act, 2026''
table in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act),
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C),
and 501(a)(4)(F) of the 1990 Act: Provided, That of the
amounts provided under this heading: (1) up to 1 percent of
program grant funds may be used to defray the costs of
conducting grant application reviews, including the use of
outside peer reviewers and electronic management of the
grants cycle; (2) the amounts made available for State
Commission Support Grants shall be available to provide
assistance to State commissions on national and community
service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) of
amounts made available for Innovation, Assistance, and Other
Activities, $8,558,000 shall be available for expenses
authorized under section 501(a)(4)(F) of the 1990 Act, which,
notwithstanding the provisions of section 198P shall be
awarded by CNCS on a competitive basis; and (4) of amounts
made available for Innovation, Assistance, and Other
Activities, $6,148,000 shall be available to carry out
sections 198(k) and 198(i) of the 1990 Act: Provided
further, That for the purposes of carrying out the 1990 Act,
satisfying the requirements in section 122(c)(1)(D) may
include a determination of need by the local community:
Provided further, That CNCS shall award to each State their
allotted amount under AmeriCorps State and National formula
grants no later than April 1, 2026 and to each state their
allotted amount under State Service Commission Support Grants
and State Commission Investment Fund Grants no later than
June 1, 2026: Provided further, That the Corporation shall
support staffing levels necessary to fulfill its statutory
responsibilities including carrying out programs, projects,
and activities funded in this title of this Act in a timely
manner.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $180,000,000, to
remain available until expended: Provided, That CNCS may
transfer additional funds from the amount provided within
``Operating Expenses'' allocated to grants under subtitle C
of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b).
[[Page H1231]]
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of
conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109,
and not to exceed $2,500 for official reception and
representation expenses, $89,686,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$8,595,000, of which $1,000,000 shall be available until
expended.
administrative provisions
Sec. 401. CNCS shall make any significant changes to
program requirements, service delivery or policy only through
public notice and comment rulemaking. For fiscal year 2026,
during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of CNCS that
is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that
they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and
operations under titles I and II of the 1973 Act or subtitle
B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.
Sec. 404. In addition to the requirements in section
146(a) of the 1990 Act, use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the Act.
Sec. 405. For the purpose of carrying out section 189D of
the 1990 Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146, and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of
not more than one year may receive a national service
education award having a value of 70 percent of the value of
a national service education award determined under section
147(a) of the Act.
Sec. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be
applied by substituting ``an approved national service
position'' for ``a national service program that receives
grants under subtitle C''.
Sec. 408. In any case where a participant of a position
eligible for an educational award described in subtitle D of
title I of the National and Community Service Act of 1990 (42
U.S.C. 12601 et seq.) was required to exit the position early
at the direction of the Corporation for National and
Community Service and due to circumstances outside the
control of the individual, such as a lapse in availability of
Federal appropriations, or termination of their position, or
the applicable program grant or agreement under the national
service laws is released from completing the required term of
service for such position, the Chief Executive Officer of the
Corporation for National and Community Service may--
(1) deem such individual as having met the minimum
requirements of the position or program for purposes of
section 139(c)(1) of the 1990 Act; and
(2) notwithstanding section 139(c)(2)(B) of the 1990 Act,
award the individual a pro-rated value of the educational
award that corresponds to the quantity of the term of service
actually completed by the individual without regard to
whether such individual has completed at least 15 percent of
their term of service as required under section 139(c) of the
1990 Act.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978;
and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$48,705,000: Provided, That notwithstanding 31 U.S.C. 3302,
fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and
technical assistance, including those provided to foreign
governments and international organizations, and for
arbitration services shall be credited to and merged with
this account, and shall remain available until expended:
Provided further, That fees for arbitration services shall be
available only for education, training, and professional
development of the agency workforce: Provided further, That
the Director of the Service is authorized to accept and use
on behalf of the United States gifts of services and real,
personal, or other property in the aid of any projects or
functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $18,012,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $291,800,000, which shall be for the purposes
and in the amounts specified in the table under this heading
in the explanatory statement in section 4 (in the matter
preceding division A of this consolidated Act).
Medicaid and Chip Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $9,405,000: Provided, That in fiscal
year 2026 and thereafter, for all contracts for goods and
services to which the Medicaid and CHIP Payment and Access
Commission is a party, the following Federal Acquisition
Regulation (FAR) clauses will apply: FAR 52.232-39 and FAR
52.233-4 (or a successor clause).
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $14,673,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund:
Provided, That in fiscal year 2026 and thereafter, for all
contracts for goods and services to which the Medicare
Payment Advisory Commission is a party, the following Federal
Acquisition Regulation (FAR) clauses will apply: FAR 52.232-
39 and FAR 52.233-4 (or a successor clause).
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, $3,850,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $294,224,000:
Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings,
directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the
Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming
purposes.
administrative provision
Sec. 409. None of the funds provided by this Act or
previous Acts making appropriations for the National Labor
Relations Board may be used to issue any new administrative
directive or regulation that would provide employees any
means of voting through any electronic means in an election
to determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by
the President, $15,113,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $14,449,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $5,000,000, which shall include amounts becoming
available in fiscal year 2026 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds the
amount
[[Page H1232]]
available for payment of vested dual benefits: Provided,
That the total amount provided herein shall be credited in 12
approximately equal amounts on the first day of each month in
the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2027, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $127,000,000, to
be derived in such amounts as determined by the Board from
the railroad retirement accounts and from moneys credited to
the railroad unemployment insurance administration fund:
Provided, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided
further, That the previous proviso shall not change the
status under Federal employment laws of any attorney hired by
the Railroad Retirement Board prior to January 1, 2013:
Provided further, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act, this limitation may be used to hire
students attending qualifying educational institutions or
individuals who have recently completed qualifying
educational programs using current excepted hiring
authorities established by the Office of Personnel
Management.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$14,000,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m) and 1131(b)(2) of the
Social Security Act, $15,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $49,452,282,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury: Provided further, That not more
than $91,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the
Social Security Act, and remain available through September
30, 2028.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2027,
$23,500,000,000, to remain available until expended.
limitation on administrative expenses
(including transfer of funds)
For necessary expenses, including the hire and purchase of
two passenger motor vehicles, and not to exceed $20,000 for
official reception and representation expenses, not more than
$14,671,978,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That
not less than $2,700,000 shall be for the Social Security
Advisory Board: Provided further, That unobligated balances
of funds provided under this paragraph at the end of fiscal
year 2026 not needed for fiscal year 2026 shall remain
available until expended to invest in the Social Security
Administration information technology and telecommunications
hardware and software infrastructure, including related
equipment and non-payroll administrative expenses associated
solely with this information technology and
telecommunications infrastructure, except unobligated
balances of funds described in the first proviso of this
paragraph at the end of fiscal year 2026 not needed for
fiscal year 2026 shall remain available until expended to
invest in the Social Security Advisory Board information
technology: Provided further, That the Commissioner of
Social Security shall notify the Committees on Appropriations
of the House of Representatives and the Senate prior to
making unobligated balances available under the authority in
the previous proviso: Provided further, That reimbursement
to the trust funds under this heading for expenditures for
official time for employees of the Social Security
Administration pursuant to 5 U.S.C. 7131, and for facilities
or support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the
Treasury, with interest, from amounts in the general fund not
otherwise appropriated, as soon as possible after such
expenditures are made.
From funds provided under the first paragraph under this
heading, not more than $2,397,000,000, to remain available
through March 31, 2027, is for the costs associated with
continuing disability reviews under titles II and XVI of the
Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from
services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act, for the cost of co-operative
disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations
of the Social Security Administration by Special Assistant
United States Attorneys: Provided, That, of such amount,
$273,000,000 is provided to meet the terms of a concurrent
resolution on the budget and $2,124,000,000 is additional new
budget authority specified for purposes of a concurrent
resolution on the budget: Provided further, That, of the
additional new budget authority described in the preceding
proviso, up to $24,600,000 may be transferred to the ``Office
of Inspector General'', Social Security Administration, for
the cost of jointly operated co-operative disability
investigation units: Provided further, That such transfer
authority is in addition to any other transfer authority
provided by law: Provided further, That the Commissioner
shall provide to the Congress (at the conclusion of the
fiscal year) a report on the obligation and expenditure of
these funds, similar to the reports that were required by
section 103(d)(2) of Public Law 104-121 for fiscal years 1996
through 2002: Provided further, That none of the funds
described in this paragraph shall be available for transfer
or reprogramming except as specified in this paragraph.
In addition, $170,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended: Provided, That to the extent that
the amounts collected pursuant to such sections in fiscal
year 2026 exceed $170,000,000, the amounts shall be available
in fiscal year 2027 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $32,000,000, together with not to exceed
$82,665,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund: Provided, That $2,000,000
shall remain available until expended for information
technology modernization, including related hardware and
software infrastructure and equipment, and for administrative
expenses directly associated with information technology
modernization.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate at least 15 days
in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity
or propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or
any State or local legislature itself, or designed to support
or defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State
or local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section
[[Page H1233]]
4002 of Public Law 111-148 shall be used to pay the salary or
expenses of any grant or contract recipient, or agent acting
for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations,
regulation, administrative action, or Executive order
proposed or pending before the Congress or any State
government, State legislature or local legislature or
legislative body, other than for normal and recognized
executive-legislative relationships or participation by an
agency or officer of a State, local or Tribal government in
policymaking and administrative processes within the
executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall
include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or
any proposed, pending, or future requirement or restriction
on any legal consumer product, including its sale or
marketing, including but not limited to the advocacy or
promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
Expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
Expenses''.
Sec. 505. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act providing for, or
providing for the assignment of, a unique health identifier
for an individual (except in an individual's capacity as an
employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2026, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2026, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or
misleading.
[[Page H1234]]
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2026 that are different than those specified in
this Act, the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act)
or the fiscal year 2026 budget request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$500,000, individually or in total for a particular project,
activity, or programmatic initiative, in value and awarded by
the Department on a non-competitive basis during each quarter
of fiscal year 2026, but not to include grants awarded on a
formula basis or directed by law. Such report shall include
the name of the contractor or grantee, the amount of funding,
the governmental purpose, including a justification for
issuing the award on a non-competitive basis. Such report
shall be transmitted to the Committees within 30 days after
the end of the quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process any claim for credit for a quarter of coverage
based on work performed under a social security account
number that is not the claimant's number and the performance
of such work under such number has formed the basis for a
conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
Sec. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
Sec. 520. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 521. For purposes of carrying out Executive Order
13589, Office of Management and Budget Memorandum M-12-12
dated May 11, 2012, and requirements contained in the annual
appropriations bills relating to conference attendance and
expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 522. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at United States
taxpayer expense. The funds used by a Federal agency to carry
out this requirement shall be derived from amounts made
available to the agency for advertising or other
communications regarding the programs and activities of the
agency.
Sec. 523. Not later than 30 days after the end of each
calendar quarter, beginning with the first month of fiscal
year 2026 the Departments of Labor, Health and Human Services
and Education and the Social Security Administration shall
provide the Committees on Appropriations of the House of
Representatives and Senate a report on the status of balances
of appropriations: Provided, That for balances that are
unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the
amounts attributable to each source year of appropriation
(beginning with fiscal year 2012, or, to the extent feasible,
earlier fiscal years) from which balances were derived.
Sec. 524. The Departments of Labor, Health and Human
Services, and Education and the Corporation for National and
Community Service shall notify the Committees on
Appropriations of the House of Representatives and the Senate
not less than 3 full business days prior to announcing or
providing notice of--
(1) any new or non-competing continuation grant, including
supplements, issued at the discretion of such Departments
(other than emergency response grants at any time of the year
or for grant awards made during the last 10 business days of
the fiscal year, or if applicable, of the program year); and
(2) the termination or non-continuation of any grant,
including a short description of the reason for the
termination or non-continuation.
Sec. 525. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase
sterile needles or syringes for the hypodermic injection of
any illegal drug: Provided, That such limitation does not
apply to the use of funds for elements of a program other
than making such purchases if the relevant State or local
health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or
local jurisdiction, as applicable, is experiencing, or is at
risk for, a significant increase in hepatitis infections or
an HIV outbreak due to injection drug use, and such program
is operating in accordance with State and local law.
Sec. 526. Each department and related agency funded
through this Act shall provide answers to questions submitted
for the record by members of the Committee within 45 business
days after receipt.
Sec. 527. Of amounts deposited in the Child Enrollment
Contingency Fund under section 2104(n)(2) of the Social
Security Act and the income derived from investment of those
funds pursuant to section 2104(n)(2)(C) of that Act,
$12,340,000,000 shall not be available for obligation in this
fiscal year.
(rescission)
Sec. 528. Of the unobligated balances of amounts made
available in section 10301(1)(A)(iii) of Public Law 117-169,
$11,661,000,000 are hereby rescinded.
Sec. 529. (a) This section applies to: (1) the
Administration for Children and Families in the Department of
Health and Human Services; and (2) the Chief Evaluation
Office and the statistical-related cooperative and
interagency agreements and contracting activities of the
Bureau of Labor Statistics in the Department of Labor.
(b) Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the functions and organizations identified in
subsection (a) for research, evaluation, or statistical
purposes shall be available for obligation through September
30, 2030: Provided, That when an office referenced in
subsection (a) receives research and evaluation funding from
multiple appropriations, such offices may use a single
Treasury account for such activities, with funding advanced
on a reimbursable basis.
(c) Amounts referenced in subsection (b) that are
unexpended at the time of completion of a contract, grant, or
cooperative agreement may be deobligated and shall
immediately become available and may be reobligated in that
fiscal year or the subsequent fiscal year for the research,
evaluation, or statistical purposes for which such amounts
are available.
(rescission)
Sec. 530. Of the unobligated balances of funds made
available by sections 2023, 2206, 2301, 2302, 2303, 2401,
2402, 2403, 2404, 2501, 2502, 2601, 2602, 2603, 2605, 2701,
2702, 2703, 2704, 2705, 2706, 2707, 2708, 2709, 2710, 2711,
2712, 2713, 2904, 2912, 3101, and 9911 of the American Rescue
Plan Act of 2021 (Public Law 117-2), $2,000,000,000 are
hereby rescinded: Provided, That not later than 60 days
after the date of enactment of this Act, the Secretary of
Health and Human Services shall submit to the Committees on
Appropriations of the House of Representatives and the Senate
a report specifying the unobligated balances rescinded
pursuant to this section by both account and amount from each
applicable appropriation in Public Law 117-2.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2026''.
DIVISION D--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2026
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of the Secretary,
$187,344,000, to remain available until September 30, 2027:
Provided, That of the sums appropriated under this heading--
(1) $3,764,000 shall be available for the immediate Office
of the Secretary;
(2) $1,348,000 shall be available for the immediate Office
of the Deputy Secretary;
(3) $27,780,000 shall be available for the Office of the
General Counsel: Provided, That the Secretary of
Transportation (referred to in this title as ``the
Secretary'') shall report to the House and Senate Committees
on Appropriations on the implementation of all sections under
title V of the FAA Reauthorization Act of 2024 (Public Law
118-63) not later than 90 days after enactment of this Act;
(4) $21,358,000 shall be available for the Office of the
Under Secretary of Transportation for Policy, of which
$5,000,000 is for the Office for Multimodal Freight
Infrastructure and Policy: Provided, That the Secretary must
obtain reprogramming approval from the House and Senate
Committees on Appropriations under section 405 of this Act
prior to executing the authorities of section 118(g)(2)-(3)
of title 49, United States Code;
(5) $21,505,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs;
(6) $3,807,000 shall be available for the Office of the
Assistant Secretary for Governmental Affairs;
(7) $16,181,000 shall be available for the Office of the
Assistant Secretary for Administration;
[[Page H1235]]
(8) $5,664,000 shall be available for the Office of Public
Affairs and Public Engagement;
(9) $2,332,000 shall be available for the Office of the
Executive Secretariat;
(10) $19,388,000 shall be available for the Office of
Intelligence, Security, and Emergency Response;
(11) $1,707,000 shall be available for the Office of the
Chief Information Officer;
(12) $1,517,000 shall be available for the Office of Tribal
Government Affairs; and
(13) $60,993,000 shall be available for shared services as
authorized in section 327 of title 49, United States Code,
for the Office of the Secretary that would otherwise be
provided by the Working Capital Fund, in addition to amounts
otherwise available for such purposes:
Provided further, That the Secretary is authorized to
transfer funds appropriated under this heading among the
purposes specified in the first proviso under this heading:
Provided further, That such transfers combined shall not
increase or decrease the amount appropriated for any purpose
specified in the first proviso under this heading by more
than 7 percent: Provided further, That notice of any change
in funding greater than 7 percent shall be submitted for
approval to the House and Senate Committees on Appropriations
not later than 7 business days in advance of any such change:
Provided further, That not to exceed $70,000 shall be for
allocation within the Department for official reception and
representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of
law, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $74,471,000,
of which $56,000,000 shall remain available until expended:
Provided, That of such amounts that are available until
expended, $9,000,000 shall be for necessary expenses of the
Advanced Research Projects Agency--Infrastructure (ARPA-I) as
authorized by section 119 of title 49, United States Code:
Provided further, That within the funds made available under
the preceding proviso, not less than $7,000,000 shall be
available for research on durability, resiliency, and
sustainability of bridges and other infrastructure and shall
be directed to an accredited university of higher education
in the northeast United States that has experience leading a
regional university transportation center and a proven record
of developing, patenting, deploying, and commercializing
innovative composite materials and technologies for bridge
and other transportation applications, as well as conducting
research and developing prototypes using very large-scale
polymer-based additive manufacturing: Provided further, That
of such amounts that are available until expended, $4,000,000
shall be for the Highly Automated Systems Safety Center of
Excellence as authorized in section 105 of title I of
division H of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94): Provided further, That of such
amounts that are available until expended, $3,000,000 shall
be for activities relating to complementary positioning,
navigation, and timing technologies demonstrations as
identified in the U.S. Department of Transportation
Complementary PNT Action Plan (March 2024): Provided
further, That of such amounts that are available until
expended, $10,000,000 shall be for the drone infrastructure
inspection grant program authorized in section 912 of Public
Law 118-63: Provided further, That, notwithstanding
subsection (g)(2) of such section 912, amounts made available
under section 106(k) of title 49, United States Code, shall
not be available to carry out such program: Provided
further, That of amounts made available for the drone
infrastructure inspection grant program, $1,000,000 shall be
available for administrative expenses: Provided further,
That of such amounts that are available until expended,
$30,000,000 shall be for research on transportation
resilience and nuclear technology and shall be directed,
without competition, to a university of higher education, as
defined under 20 U.S.C. 1067(q)(1), that has a nuclear
engineering program and experience as a consortium member of
a university transportation center that conducts research on
transportation cybersecurity and resiliency: Provided
further, That there may be credited to this appropriation, to
be available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training: Provided
further, That any reference in law, regulation, judicial
proceedings, or elsewhere to the Research and Innovative
Technology Administration shall continue to be deemed to be a
reference to the Office of the Assistant Secretary for
Research and Technology of the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For necessary expenses to carry out a local and regional
project assistance grant program under section 6702 of title
49, United States Code, $145,000,000, to remain available
until expended: Provided, That section 6702(f)(2) of title
49, United States Code, shall not apply to amounts made
available under this heading in this Act: Provided further,
That of the amounts made available under this heading in this
Act, not less than 5 percent shall be awarded to projects in
historically disadvantaged communities or areas of persistent
poverty as defined under section 6702(a)(1) of title 49,
United States Code: Provided further, That grants awarded
under this heading in this Act for eligible projects for
planning, preparation, or design shall not be subject to a
minimum grant size: Provided further, That in distributing
amounts made available under this heading in this Act, the
Secretary shall take such measures so as to ensure an
equitable geographic distribution of funds, an appropriate
balance in addressing the needs of urban and rural areas,
including Tribal areas, and the investment in a variety of
transportation modes: Provided further, That for amounts
made available under this heading in this Act, the Secretary
shall give priority to projects that require a contribution
of Federal funds in order to complete an overall financing
package: Provided further, That section 6702(f)(1) of title
49, United States Code, shall not apply to amounts made
available under this heading in this Act: Provided further,
That of the amounts awarded under this heading in this Act,
not more than 50 percent shall be allocated for eligible
projects located in rural areas and not more than 50 percent
shall be allocated for eligible projects located in urbanized
areas: Provided further, That for the purpose of determining
if an award for planning, preparation, or design under this
heading in this Act is an urban award, the project location
is the location of the project being planned, prepared, or
designed: Provided further, That the Secretary may retain up
to 2 percent of the amounts made available under this heading
in this Act, and may transfer portions of such amounts to the
Administrators of the Federal Aviation Administration, the
Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration and the
Maritime Administration to fund the award and oversight of
grants and credit assistance made under the program
authorized under section 6702 of title 49, United States
Code: Provided further, That for amounts made available
under this heading in this Act, the Secretary shall consider
and award projects based solely on the selection criteria as
identified under section 6702(d)(3) and (d)(4) of title 49,
United States Code.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface
Transportation and Innovative Finance Bureau as authorized by
49 U.S.C. 116, $9,250,000, to remain available until
expended: Provided, That the Secretary may collect and spend
fees, as authorized by title 23, United States Code, to cover
the costs of services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and
all or a portion of the costs to the Federal Government of
servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs:
Provided further, That such amounts are in addition to other
amounts made available for such purposes and are not subject
to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United
States Code.
rural and tribal infrastructure advancement
For necessary expenses to carry out rural and Tribal
infrastructure advancement as authorized in section 21205 of
Public Law 117-58, $10,000,000, to remain available until
September 30, 2028: Provided, That the Secretary may enter
into cooperative agreements with philanthropic entities, non-
profit organizations, other Federal agencies, State or local
governments and their agencies, Indian Tribes, or other
technical assistance providers, to provide such technical
assistance, planning, and capacity building to State, local,
or Tribal governments, United States territories,
metropolitan planning organizations, transit agencies, or
other political subdivisions of State or local governments.
railroad rehabilitation and improvement financing program
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States
Code, and such authority shall exist as long as any such
direct loan or loan guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $5,000,000, to remain
available through September 30, 2027.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to network and information
technology infrastructure, improvement of identity management
and authentication capabilities, securing and protecting
data, implementation of Federal cyber security initiatives,
and implementation of enhanced security controls on agency
computers and mobile devices, $60,000,000, to remain
available until September 30, 2027.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$11,761,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation
planning, research, systems
[[Page H1236]]
development, development activities, and making grants,
$32,043,000, to remain available until expended: Provided,
That of such amount, $5,436,000 shall be for necessary
expenses of the Interagency Infrastructure Permitting
Improvement Center (IIPIC): Provided further, That there may
be transferred to this appropriation, to remain available
until expended, amounts transferred from other Federal
agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure:
Provided further, That the tools and analysis developed by
the IIPIC shall be available to other Federal agencies for
the permitting and review of major infrastructure projects
not related to transportation only to the extent that other
Federal agencies provide funding to the Department in
accordance with the preceding proviso: Provided further,
That of the amounts made available under this heading,
$9,647,000 shall be for the purposes, and in the amounts,
specified for Community Project Funding/Congressionally
Directed Spending in the table entitled ``Community Project
Funding/Congressionally Directed Spending'' included for this
division in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated
Act): Provided further, That amounts made available in the
preceding proviso for such purposes shall not diminish or
prejudice any application or geographic region for other
discretionary grant or loan awards made by the Department of
Transportation: Provided further, That of the amounts made
available under this heading, $2,000,000 shall be made
available for an independent review of airspace design,
civil-military coordination, and operational safety in the
National Capital Region, with particular focus on airspace
activities at Ronald Reagan Washington National Airport, as
specified under the paragraph entitled ``Flight 5342'' in
Senate Report 119-47.
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund as authorized in section
327 of title 49, United States Code, not to exceed
$764,965,000, shall be paid from appropriations made
available to the Department of Transportation: Provided,
That such services shall be provided on a competitive basis
to entities within the Department of Transportation:
Provided further, That the limitation under this heading on
operating expenses shall not apply to entities external to
the Department of Transportation or for funds provided in
Public Law 117-58: Provided further, That no funds made
available by this Act to an agency of the Department shall be
transferred to the Working Capital Fund without majority
approval of the Working Capital Fund Steering Committee and
approval of the Secretary: Provided further, That no
assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless
notice of such assessments and the basis therefor are
presented to the House and Senate Committees on
Appropriations and are approved by such Committees: Provided
further, That the Secretary may provide non-commodity
information technology and procurement services in a
consolidated or shared manner for operating administrations
through the Working Capital Fund: Provided further, That the
preceding proviso shall not apply to the Federal Aviation
Administration, the Great Lakes St. Lawrence Seaway
Development Corporation, and the Office of Inspector General:
Provided further, That an operating administration may
determine that certain non-commodity information technology
and procurement services do not provide a direct benefit to
the operating administration and shall not be required to
obligate funds appropriated by this Act to the Office of the
Secretary pursuant to section 188 of this Act: Provided
further, That if the determination in the preceding proviso
concludes that non-commodity information technology and
procurement services do not provide a direct benefit to the
operating administration, those services shall remain within
the operating administration: Provided further, That not
less than 30 days prior to using the authority provided in
the preceding four provisos, the Secretary shall provide the
House and Senate Committees on Appropriations a plan
describing the non-commodity information technology and
procurement services consolidated or shared through the
Working Capital Fund: Provided further, That the Secretary
shall provide monthly briefings to the House and Senate
Committees on Appropriations on all activities relating to
non-commodity information technology and procurement services
as authorized under this heading, including: (1) the amount
of funding participating operating administrations provide
the Working Capital Fund for programming and full time
equivalent positions, including reimbursable and non-
reimbursable details, to support non-commodity information
technology and procurement services as authorized under this
heading; and (2) the number of full time equivalent positions
in the Office of the Chief Information Officer within the
Office of the Secretary and the Office of the Assistant
Secretary for Administration within the Office of the
Secretary to support non-commodity information technology and
procurement services as authorized under this heading:
Provided further, That the Secretary shall include funding
for programming and full time equivalent positions to support
non-commodity information technology and procurement
services, as authorized under this heading, in the
congressional budget justification for fiscal year 2027 for
the Working Capital Fund, the Office of the Chief Information
Officer within the Office of the Secretary, the Office of the
Assistant Secretary for Administration within the Office of
the Secretary, and each participating operating
administration: Provided further, That unless otherwise
specified under this heading, the Working Capital Fund shall
only deliver services consisting of administration and
commodity information technology: Provided further, That the
departmental consolidation of activities including human
resources, governmental affairs, public affairs and public
engagement, and civil rights in the Working Capital Fund are
prohibited: Provided further, That amounts within the
Working Capital Fund are not available to provide services
not specifically authorized under this heading.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $5,330,000, to remain
available until September 30, 2027: Provided, That not less
than 6 small business transportation resource centers shall
be maintained and operated: Provided further, That
notwithstanding section 332 of title 49, United States Code,
such amounts may be used for business opportunities related
to any mode of transportation: Provided further, That
appropriations made available under this heading shall be
available for any purpose consistent with prior year
appropriations that were made available under the heading
``Office of the Secretary--Minority Business Resource Center
Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential air service program under sections
41731 through 41742 of title 49, United States Code,
$513,637,231, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide
service to a community, the Secretary may consider the
relative subsidy requirements of the carriers: Provided
further, That basic essential air service minimum
requirements shall not include the 15-passenger capacity
requirement under section 41732(b)(3) of title 49, United
States Code: Provided further, That amounts authorized to be
distributed for the essential air service program under
section 41742(b) of title 49, United States Code, shall be
made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code: Provided
further, That, notwithstanding section 41733 of title 49,
United States Code, for fiscal year 2026, the requirements
established under subparagraphs (B) and (C) of section
41731(a)(1) of title 49, United States Code, shall not apply
to maintain eligibility under section 41731 of title 49,
United States Code.
administrative provisions--office of the secretary of transportation
(including rescissions)
(including transfer of funds)
Sec. 101. None of the funds made available by this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the operating administrations in this Act,
except for activities underway on the date of enactment of
this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the website of the
Department of Transportation a schedule of all meetings of
the Council on Credit and Finance, including the agenda for
each meeting, and require the Council on Credit and Finance
to record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is authorized to provide partial or full
payments in advance and accept subsequent reimbursements from
all Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of SAFETEA-
LU (5 U.S.C. 7905 note): Provided, That the Department shall
maintain a reasonable operating reserve in the Working
Capital Fund, to be expended in advance to provide
uninterrupted transit benefits to Government employees:
Provided further, That such reserve shall not exceed 1 month
of benefits payable and may be used only for the purpose of
providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully
reimbursed by each customer agency from available funds for
the actual cost of the transit benefit.
Sec. 104. Receipts collected in the Department's Working
Capital Fund, as authorized by section 327 of title 49,
United States Code, for unused transit and van pool benefits,
in an amount not to exceed 10 percent of fiscal year 2026
collections, shall be available until expended in the
Department's Working Capital Fund to provide contractual
services in
[[Page H1237]]
support of section 189 of this Act: Provided, That
obligations in fiscal year 2026 of such collections shall not
exceed $1,000,000.
Sec. 105. None of the funds in this title may be obligated
or expended for retention or senior executive bonuses for an
employee of the Department of Transportation without the
prior written approval of the Assistant Secretary for
Administration.
Sec. 106. In addition to authority provided by section 327
of title 49, United States Code, the Department's
Administrative Working Capital Fund is hereby authorized to
transfer information technology equipment, software, and
systems from departmental sources or other entities and
collect and maintain a reserve at rates which will return
full cost of transferred assets.
Sec. 107. None of the funds provided in this Act to the
Department of Transportation may be used to provide credit
assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary provides
notification in writing to the following committees: the
House and Senate Committees on Appropriations; the Committee
on Environment and Public Works and the Committee on Banking,
Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall
include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit
assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
Sec. 108. (a) Amounts made available to the Secretary of
Transportation or the Department of Transportation's
operating administrations in this Act for the costs of award,
administration, or oversight of financial assistance under
the programs identified in subsection (c) may be transferred
to the account identified in section 801 of division J of
Public Law 117-58, as amended by section 425 of title IV of
division L of Public Law 117-103, to remain available until
expended, for the necessary expenses of award,
administration, or oversight of any financial assistance
programs in the Department of Transportation.
(b) Amounts transferred under the authority in this section
are available in addition to amounts otherwise available for
such purpose.
(c) The programs from which funds made available under this
Act may be transferred under subsection (a) are--
(1) the local and regional project assistance program under
section 6702 of title 49, United States Code;
(2) the university transportation centers program under
section 5505 of title 49, United States Code; and
(3) the drone infrastructure inspection grant program as
authorized by section 912 of title IX of Public Law 118-63.
Sec. 109. The Secretary of Transportation may transfer
amounts awarded to a federally recognized Tribe under a
funding agreement entered into under part 29 of title 49,
Code of Federal Regulations, from the Department of
Transportation's operating administrations to the Office of
Tribal Government Affairs: Provided, That any amounts
retroceded or reassumed under such part may be transferred
back to the appropriate operating administration.
Sec. 109A. For amounts provided for this fiscal year and
prior fiscal years, section 24112(c)(2)(B) of Public Law 117-
58 shall be applied by substituting ``30 percent'' for ``40
percent'': Provided, That if the Secretary determines that
there are insufficient merit-worthy applications for the
amounts provided for fiscal year 2022 through fiscal year
2026 in division J of Public Law 117-58 for competitive
grants as authorized in section 24112 of division B of Public
Law 117-58 to meet the requirement in section 24112(c)(2)(B)
for a fiscal year, the Secretary shall use the unutilized
amounts to make other grants as authorized in section 24112
of division B of Public Law 117-58: Provided further, That
amounts repurposed pursuant to this section shall continue to
be treated as amounts specified in section 103(b) of division
A of Public Law 118-5.
Sec. 109B. The remaining unobligated balances, as of
September 30, 2026, from amounts made available for
``Department of Transportation--Office of the Secretary--
National Infrastructure Investments'' in division J of Public
Law 117-58 for local and regional project assistance under
section 6702 of title 49, United States Code, for fiscal year
2022 are hereby permanently rescinded, and an amount of
additional new budget authority equivalent to the amount
rescinded pursuant to this section is hereby appropriated on
September 30, 2026, for an additional amount for fiscal year
2026, to remain available until September 30, 2031, and shall
be available, without additional competition, for completing
the funding of awards made pursuant to section 6702 of title
49, United States Code, for fiscal year 2022 funding, in
addition to other funds as may be available for such
purposes: Provided, That the amounts rescinded pursuant to
this section that were previously designated by the Congress
as an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on
the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as an emergency requirement
pursuant to 4001(a)(1) of S. Con. Res 14 (117th Congress),
the concurrent resolution on the budget for fiscal year 2022,
and to legislation establishing fiscal year 2026 budget
enforcement in the House of Representatives: Provided
further, That the amount of additional new budget authority
is designated by the Congress as being for an emergency
requirement pursuant to such section 4001(a) and to
legislation establishing fiscal year 2026 budget enforcement
in the House of Representatives.
Sec. 109C. None of the funds made available by this or any
other Act shall be used to cancel or seek to renegotiate an
existing contract under the essential air service program
under subchapter II of chapter 417 of title 49, United States
Code, before the standard period of rebidding occurring prior
to a contract's expiration unless in response to an explicit
written request from the EAS Community: Provided, That this
section shall only apply to existing contracts under which
the carrier is in compliance with the contract terms.
Sec. 109D. Of the unobligated balances of funds remaining
from--
(1) ``Transportation Planning, Research, and Development''
account in title I of division A of Public Law 111-117,
$108,147.49 is hereby permanently rescinded; and
(2) ``Transportation Planning, Research, and Development''
account in title I of division F of Public Law 108-199,
$744,000 is hereby permanently rescinded.
Sec. 109E. Of the unobligated balances from amounts made
available for ``Railroad Rehabilitation and Improvement
Financing Program'' in section 420 of title IV of division G
of Public Law 116-6, $25,476 is hereby permanently rescinded.
Sec. 109F. Of the unobligated balances from amounts made
available for ``Department of Transportation--Office of the
Secretary--Salaries and Expenses'' in Public Law 119-4,
$10,368,826 is hereby permanently rescinded.
Sec. 109G. Of the unobligated balances from amounts made
available until expended for ``Department of Transportation--
Office of the Secretary--Research and Technology'' in
division L of title I of Public Law 117-103, $1,272,800.79 is
hereby permanently rescinded.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration (FAA), not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, the lease or purchase of passenger
motor vehicles for replacement only, $13,710,000,000, to
remain available until September 30, 2027, of which
$13,040,600,000 to be derived from the Airport and Airway
Trust Fund: Provided, That of the amounts made available
under this heading--
(1) not less than $1,842,037,000 shall be available for
aviation safety activities;
(2) $10,340,667,000 shall be available for air traffic
organization activities;
(3) $41,755,000 shall be available for commercial space
transportation activities;
(4) $963,410,000 shall be available for finance and
management activities;
(5) $65,813,000 shall be available for NextGen and
operations planning activities;
(6) $154,896,000 shall be available for security and
hazardous materials safety activities; and
(7) $301,422,000 shall be available for staff offices:
Provided further, That of the amounts allocated under the
previous proviso--
(A) not less than $379,223,000 shall be for aircraft
certification service;
(B) not less than $100,000,000 shall be for the Office of
Aerospace Medicine;
(C) not less than $279,200,000 shall be used to fund direct
operations of the current air traffic control towers in the
contract tower program, including the contract tower cost
share program, and any airport that is currently qualified or
that will qualify for the program during the fiscal year;
(D) $6,000,000 shall be for the pilot program to convert
high activity air traffic control towers operating under the
contract tower program to FAA staffed visual flight rules
towers, as authorized under section 625 of the FAA
Reauthorization Act of 2024, and to prioritize the contract
towers as required under section 625(a)(2) of such Act;
(E) not less than $16,000,000 shall be for the Office of
Spectrum Engineering;
(F) $6,000,000 shall be for unmanned aircraft system test
ranges;
(G) not less than $7,500,000 shall be for the internship
program authorized under section 404 of the FAA
Reauthorization Act of 2024 (Public Law 118-63);
(H) not less than $1,000,000 shall be for the human
intervention motivation study contract and the flight
attendant drug and alcohol program contract; and
(I) $3,000,000 shall be for the FAA's veterans' pilot
training program:
Provided further, That not to exceed 5 percent of any
budget activity, except for aviation safety budget activity,
may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease
any appropriation under this heading by more than 5 percent:
Provided further, That any transfer in excess of 5 percent
shall be treated as a reprogramming of funds
[[Page H1238]]
under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
not later than 45 days after the submission of the budget
request, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to
section 221 of the Vision 100-Century of Aviation
Reauthorization Act (49 U.S.C. 44506 note): Provided
further, That not later than 45 days after the submission of
the budget request, the Administrator shall transmit to
Congress reports that describe a comprehensive strategy for
staffing, hiring, and training of flight standards and
aircraft certification staff, and airway transportation
system specialists in a format similar to the one utilized
for the controller staffing plan, including stated attrition
estimates and numerical hiring goals by fiscal year:
Provided further, That the amounts made available under this
heading shall be reduced by $100,000 for each day after 45
days after the submission of the budget request that reports
containing the information described in the preceding two
provisos have not been transmitted to Congress: Provided
further, That funds may be used to enter into a grant
agreement with a nonprofit standard-setting organization to
assist in the development of aviation safety standards:
Provided further, That none of the funds made available by
this Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds made available by this Act shall be available for the
Federal Aviation Administration to finalize or implement any
regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be
credited to this appropriation, as offsetting collections,
funds received from States, counties, municipalities, foreign
authorities, other public authorities, and private sources
for expenses incurred in the provision of agency services,
including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and
repair station certificates, or for tests related thereto, or
for processing major repair or alteration forms: Provided
further, That not later than 120 days after enactment of this
Act, the Administrator shall transmit to the House and Senate
Committees on Appropriations a report on all expenditures
related to the contract tower program from the most recent
fiscal year, including a breakout for administrative costs,
contract support expenses, insurance, equipment procured and
installed in contract towers, new starts, and aggregate
payments for operating the contract towers: Provided
further, That not later than 180 days after enactment of this
Act, the Administrator shall transmit to the House and Senate
Committees on Appropriations a report on the FAA's ongoing
efforts and future plans to equip contract towers with radar
displays and other technology that the FAA believes are
necessary to enhance aviation safety: Provided further, That
none of the funds made available by this Act for aeronautical
charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital
Fund: Provided further, That not less than $4,000,000 of
amounts made available for staff offices shall be used to
establish the Office of the Assistant Administrator for
Rulemaking and Regulatory Improvement as authorized under
section 106(c) of title 49, United States Code: Provided
further, That none of the funds appropriated or otherwise
made available by this Act or any other Act may be used to
eliminate the contract weather observers program at any
airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds made available
under this heading, including aircraft for aviation
regulation and certification; to be derived from the Airport
and Airway Trust Fund, $4,000,000,000, of which $697,850,000
is for personnel and related expenses and shall remain
available until September 30, 2027, and $3,302,150,000 shall
remain available until September 30, 2028: Provided, That
the sums appropriated under this heading in this Act shall be
made available for the purposes, and in the amounts,
specified for spending in the table entitled ``Allocation of
FAA Facilities and Equipment Funding in This Act--Fiscal Year
2026'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
the sums appropriated under this heading in title VIII of
division J of the Infrastructure Investment and Jobs Act
(Public Law 117-58) shall be made available for the purposes,
and in the amounts, specified for spending in the table
entitled ``Allocation of FAA Facilities and Equipment Funding
in the Infrastructure Investment and Jobs Act--Fiscal Year
2026'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
amounts repurposed pursuant to the preceding proviso shall
continue to be treated as amounts specified in section 103(b)
of division A of Public Law 118-5: Provided further, That
there may be credited to this appropriation funds received
from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national
airspace systems: Provided further, That not later than 30
days after submission of the budget request, the Secretary of
Transportation shall transmit to the Congress an investment
plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2027
through 2031, with total funding for each year of the plan
constrained to the funding targets for those years as
estimated and approved by the Office of Management and
Budget: Provided further, That section 405 of this Act shall
apply to amounts made available under the heading in this Act
and in title VIII of the Infrastructure Investment and Jobs
Act (division J of Public Law 117-58): Provided further,
That, notwithstanding subsections (a)(5) and (a)(6) of such
section 405, unless prior approval is received from the House
and Senate Committees on Appropriations, not to exceed 7
percent of any funding level specified for projects and
activities in the tables incorporated by reference under this
heading may be transferred to any other funding level
specified for projects and activities in such tables and no
transfer of such funding levels may increase or decrease any
funding level in such tables by more than 7 percent.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$290,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2028:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development: Provided further,
That the sums appropriated under this heading shall be made
available for the purposes, and in the amounts, specified in
the table entitled ``Research, Engineering, and Development''
included for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That not to exceed
7 percent of any funding level specified in the table
incorporated by reference under this heading included for
this division in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act)may be transferred to any other funding
level specified under this heading included for this division
in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act):
Provided further, That no transfer may increase or decrease
any funding level by more than 7 percent: Provided further,
That any transfer in excess of 7 percent shall be treated as
a reprogramming of funds under section 405 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That of the amounts made available under
this heading, $40,000,000, to remain available until
expended, shall be for aviation workforce development
programs, as authorized under section 625 of the FAA
Reauthorization Act of 2018, as amended (49 U.S.C. 40132
note): Provided further, That of the amounts set aside under
the preceding proviso--
(1) no less than $10,000,000 shall be awarded for
manufacturing workforce grants as authorized under section
625 (a)(3) of such Act;
(2) $10,000,000 shall be for not more than two community
colleges that are sponsors of a general aviation airport
identified in the National Plan of Integrated Airport
Systems: Provided, That grants awarded under this paragraph
for community colleges shall be awarded for an amount not
less than $5,000,000 per award: Provided further, That the
Secretary may award such grants under this subsection
notwithstanding section 625(b)(2) of the FAA Reauthorization
Act of 2018, as amended (49 U.S.C. 40132 note); and
(3) no less than $20,000,000 shall be awarded to
institutions eligible under paragraphs (1) and (3) of section
1067q(a) of title 20, United States Code, and priority shall
be given to institutions or consortiums of institutions near
commercial aviation manufacturing and military aviation
employment opportunities.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning
[[Page H1239]]
and programs as authorized under subchapter I of chapter 471
and subchapter I of chapter 475 of title 49, United States
Code, and under other law authorizing such obligations; for
procurement, installation, and commissioning of runway
incursion prevention devices and systems at airports of such
title; for grants authorized under section 41743 of title 49,
United States Code; and for inspection activities and
administration of airport safety programs, including those
related to airport operating certificates under section 44706
of title 49, United States Code, $4,000,000,000, to be
derived from the Airport and Airway Trust Fund and to remain
available until expended: Provided, That none of the amounts
made available under this heading shall be available for the
planning or execution of programs the obligations for which
are in excess of $4,000,000,000, in fiscal year 2026,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the amounts made
available under this heading shall be available for the
replacement of baggage conveyor systems, reconfiguration of
terminal baggage areas, or other airport improvements that
are necessary to install bulk explosive detection systems:
Provided further, That notwithstanding section 47109(a) of
title 49, United States Code, the Government's share of
allowable project costs under paragraph (2) of such section
for subgrants or paragraph (3) of such section shall be 95
percent for a project at other than a large or medium hub
airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a
grant in fiscal year 2011 for the construction project:
Provided further, That notwithstanding any other provision of
law, of amounts limited under this heading, not less than
$160,000,000 shall be available for administration,
$15,000,000 shall be available for the airport cooperative
research program, $41,827,000 shall be available for the
airport technology research program and of which, $6,000,000
shall be available for the airfield technology program
authorized under section 1014 of Public Law 118-63, of which
$3,000,000 is for concrete pavement research and $3,000,000
is for asphalt pavement research, and $15,000,000, to remain
available until expended, shall be available and transferred
to ``Office of the Secretary, Salaries and Expenses'' to
carry out the small community air service development
program: Provided further, That in addition to airports
eligible under section 41743 of title 49, United States Code,
such program may include the participation of an airport that
serves a community or consortium that is not larger than a
small hub airport, according to Federal Aviation
Administration hub classifications effective at the time the
Office of the Secretary issues a request for proposals.
grants-in-aid for airports
(including transfer of funds)
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation to make
grants for projects as authorized by subchapter 1 of chapter
471 of title 49, United States Code, subchapter 1 of chapter
475 of such title, and section 767 of the FAA Reauthorization
Act of 2024 (Public Law 118-63), $577,356,000, to remain
available through September 30, 2028: Provided, That amounts
made available under this heading shall be derived from the
general fund, and such funds shall not be subject to
apportionment formulas, special apportionment categories, or
minimum percentages under chapter 471 of title 49, United
States Code: Provided further, That the amounts made
available under this heading shall not be subject to any
limitation on obligations for the Grants-in-Aid for Airports
program set forth in any Act: Provided further, That of the
sums appropriated under this heading--
(1) $542,356,000 shall be made available for the purposes,
and in the amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' for this division in the explanatory statement
described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That amounts made
available in the preceding proviso for such purposes shall
not diminish or prejudice any application or geographic
region for other discretionary grant or loan awards made by
the Department of Transportation: Provided further, That
funds made available under this section shall not be subject
to or considered under section 47115(j)(3)(B),
47115(j)(3)(C), or 47115(j)(3)(D) of title 49, United States
Code; and
(2) up to $35,000,000 shall be made available to the
Secretary to distribute as discretionary grants to airports
that include, but are not limited to, projects that are
eligible under section 47115(j)(3)(D) of title 49, United
States Code: Provided, That of amounts made available under
this heading, $20,000,000 shall be made available for the
Secretary to distribute as discretionary grants for airports
with scheduled commercial service in calendar year 2024, that
serve essential air service markets as reported in October
2024, reported and certified zero dollars total debt at end
of year on the form FAA-5100-127 submitted before the date of
enactment of this Act for fiscal year 2024, and were
allocated an amount under the heading ``Grants-in-Aid for
Airports'' in division B of Public Law 116-136 equal to or
less than the amount designated for a regional airport under
paragraph (4) under such heading: Provided further, That the
funds made available under the preceding proviso shall be
prioritized for airports participating in the FAA Contract
Tower Program:
Provided further, That of the amounts made available under
this heading--
(1) $300,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2023, 2024, 2025, and 2026 for personnel,
contracting, and other costs to administer and oversee grants
(excluding amounts transferred to the Office of Inspector
General of the Department of Transportation) under the
heading ``Federal Aviation Administration--Airport
Infrastructure Grants'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58);
and
(2) $68,670,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2023, 2024, 2025, and 2026 for personnel,
contracting, and other costs to administer and oversee grants
(excluding amounts transferred to the Office of Inspector
General of the Department of Transportation) under the
heading ``Federal Aviation Administration--Airport Terminal
Program'' in title VIII of division J of the Infrastructure
Investment and Jobs Act (Public Law 117-58):
Provided further, That amounts transferred pursuant to the
preceding provisos shall continue to be treated as amounts
specified in section 103(b) of division A of Public Law 118-
5.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may
be used to compensate in excess of 600 technical staff-years
under the federally funded research and development center
contract between the Federal Aviation Administration and the
Center for Advanced Aviation Systems Development during
fiscal year 2026.
Sec. 111. None of the funds made available by this Act
shall be used to pursue or adopt guidelines or regulations
requiring airport sponsors to provide to the Federal Aviation
Administration without cost building construction,
maintenance, utilities and expenses, including related
accommodation services, or space in airport sponsor-owned
buildings for services relating to air traffic control, air
navigation, or weather reporting: Provided, That the
prohibition on the use of funds in this section does not
apply to negotiations between the agency and airport sponsors
to achieve agreement on ``below-market'' rates for these
items or to grant assurances that require airport sponsors to
provide land without cost to the Federal Aviation
Administration for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy section 41742(a)(1) of title 49, United States Code,
from fees credited under section 45303 of title 49, United
States Code, and any amount remaining in such account at the
close of any fiscal year may be made available to satisfy
section 41742(a)(1) of title 49, United States Code, for the
subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes as such
appropriation.
Sec. 114. None of the funds made available by this Act
shall be available for paying premium pay under section
5546(a) of title 5, United States Code, to any Federal
Aviation Administration employee unless such employee
actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds made available by this Act may
be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number, Mode S transponder code, flight identification, call
sign, or similar identifying information from any ground
based display to the public that would allow the real-time or
near real-time flight tracking of that aircraft's movements,
except data made available to a Government agency, for the
noncommercial flights of that owner or operator.
Sec. 117. None of the funds made available by this Act
shall be available for salaries and expenses of more than
nine political and Presidential appointees in the Federal
Aviation Administration: Provided, That of the nine
political and Presidential appointee positions in the Federal
Aviation Administration, not less than one position shall be
within each of the following offices and no appointee shall
be in any other office: the Office of the Administrator, the
Office of the Deputy Administrator, the Office of the General
Counsel, the Office of Government and Industry Affairs, the
Office of Communications, the Office of Airports, and the
Office for Policy, International Affairs, and Environment.
Sec. 118. None of the funds made available by this Act may
be used to increase fees pursuant to section 44721 of title
49, United States Code, until the Federal Aviation
Administration provides to the House and Senate Committees on
Appropriations a report that justifies all fees related to
aeronautical
[[Page H1240]]
navigation products and explains how such fees are consistent
with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may
be used to close a regional operations center of the Federal
Aviation Administration or reduce its services or personnel
unless the Administrator notifies the House and Senate
Committees on Appropriations not less than 90 full business
days in advance.
Sec. 119A. None of the funds made available by or limited
by this Act may be used to change weight restrictions or
prior permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 119B. None of the funds made available by this Act
may be used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval
any new application for participation in the contract tower
program, or for reevaluation of cost-share program
participants so long as the Federal Aviation Administration
has received an application from the airport, and so long as
the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration
published establishment criteria.
Sec. 119C. None of the funds made available by this Act
may be used to open, close, redesignate as a lesser office,
or reorganize a regional office, the aeronautical center, or
the technical center unless the Administrator does so in
compliance with section 405 of this Act.
Sec. 119D. Notwithstanding subsection (a)(7) of section
405, activities creating, reorganizing, or restructuring an
organizational unit of the Federal Aviation Administration
are not subject to the requirements of section 405 unless
those activities would change the organization chart provided
as an exhibit to section 1 of the President's Budget
justification.
Sec. 119E. For an additional amount for ``Grants-in-aid
for Airports'', up to $3,500,000 shall be available through
September 30, 2028, for necessary expenses, including an
independent verification regime, to provide reimbursement to
airport sponsors that do not provide gateway operations and
providers of general aviation ground support services, or
other aviation tenants, located at those airports closed
during a temporary flight restriction (TFR) for any residence
of the President that is designated or identified to be
secured by the United States Secret Service, and for direct
and incremental financial losses incurred while such airports
are closed solely due to the actions of the Federal
Government: Provided, That such amounts shall be derived
from balances remaining from amounts appropriated for such
purposes in prior Acts: Provided further, That such amounts
shall not be subject to any limitation on obligations for the
Grants-in-Aid for Airports program set forth in any Act:
Provided further, That no funds shall be obligated or
distributed to airport sponsors that do not provide gateway
operations and providers of general aviation ground support
services until an independent audit is completed: Provided
further, That losses incurred as a result of violations of
law, or through fault or negligence, of such operators and
service providers or of third parties (including airports)
are not eligible for reimbursements: Provided further, That
obligation and expenditure of funds are conditional upon full
release of the United States Government for all claims for
financial losses resulting from such actions.
Sec. 119F. Section 44502(e) of title 49, United States
Code, shall be applied by inserting the following after
paragraph (4):
``(5) Limitations.--
``(A) Systems or equipment.--Eligible air traffic systems
or equipment identified in subparagraphs (A) through (C) of
paragraph (3) of this subsection to be transferred to the
Administrator under this subsection must have been purchased
by the transferor airport on or after October 5, 2018.
``(B) Other systems or equipment.--Eligible air traffic
systems or equipment identified in subparagraph (D) of
paragraph (3) of this subsection to be transferred to the
Administrator under this subsection must have been purchased
by the transferor airport on or after October 1, 2024.
``(6) Airports classified as a basic or local general
aviation airport.--An airport that is categorized as a basic
or local general aviation airport under the most recently
published national plan of integrated airport systems under
section 47103 may only transfer an eligible air traffic
system or equipment under this subsection in accordance with
the exception provided in paragraph (4) if such system or
equipment was purchased by the transferor airport on or after
October 1, 2024.''.
Sec. 119G. None of the funds in this or any other Act
shall be used to plan, design, or implement the privatization
or separation of the air traffic organization functions of
the Federal Aviation Administration.
Sec. 119H. None of the funds appropriated or otherwise
made available by this or any other Act may be used for the
construction of a new Air Traffic Control Training Academy
except for the Federal Aviation Administration's existing
Training Academy located at the Mike Monroney Aeronautical
Center.
Sec. 119I. Notwithstanding section 40122(c) of title 49,
United States Code, for this year and thereafter, the
Administrator of the Federal Aviation Administration, in
consultation with the Federal Air Surgeon, may increase the
annual rate of basic pay for positions in the Office of
Aerospace Medicine requiring a medical degree up to the
annual compensation paid under section 102 of title 3, United
States Code.
Sec. 119J. The Administrator of the Federal Aviation
Administration is directed to provide a spend plan and a
briefing within 30 days of enactment of this Act, and each
month thereafter during fiscal year 2026, to the House and
Senate Committees on Appropriations on all activities and
efforts funded by this Act and section 40003 of Public Law
119-21 for the Federal Aviation Administration's air traffic
control modernization efforts: Provided, That the
Administrator shall make available for each briefing the
Federal Aviation Administration's Chief Financial Officer and
the Assistant Administrator for Policy, International
Affairs, and Environment, and the Federal Aviation
Administration's Air Traffic Organization's Chief Operating
Officer and Chief Technology Officer.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $504,187,977 together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration: Provided, That in addition, $3,248,000 shall
be transferred to the Appalachian Regional Commission in
accordance with section 104(a) of title 23, United States
Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
authorized Federal-aid highway and highway safety
construction programs shall not exceed total obligations of
$62,657,105,821 for fiscal year 2026: Provided, That the
limitation on obligations under this heading shall only apply
to contract authority authorized from the Highway Trust Fund
(other than the Mass Transit Account), unless otherwise
specified in law.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
authorized Federal-aid highway and highway safety
construction programs, $63,396,105,821 shall be derived from
the Highway Trust Fund (other than the Mass Transit Account),
to remain available until expended.
highway infrastructure programs
(including transfer of funds)
For the purposes as described under this heading,
$2,395,880,591, of which $927,212,591 shall be appropriated
from the general fund, and of which--
(1) $1,093,756,000 shall be derived from the unobligated
balances of amounts previously appropriated under the heading
``Federal Highway Administration--Highway Infrastructure
Programs'' in title VIII of division J of Public Law 117-58,
as follows:
(A) $125,000,000 from amounts previously appropriated for
fiscal years 2023, 2024, 2025, and 2026 for operations and
administration of the Federal Highway Administration
(excluding amounts transferred to the Office of Inspector
General of the Department of Transportation);
(B) $75,000,000 from amounts previously appropriated for
fiscal year 2022 in paragraph (2) of such title VIII for the
Joint Office of Energy and Transportation;
(C) $300,000,000 from amounts previously appropriated for
fiscal years 2024, 2025, and 2026 in paragraph (2) of such
title VIII for grants to States or localities that require
additional assistance to strategically deploy electric
vehicle charging infrastructure;
(D) $503,756,000 from amounts previously appropriated for
fiscal years 2022, 2023, 2024, 2025, and 2026 in paragraph
(2) of such title VIII that were distributed among the
States, to be derived on a proportional basis from such
unobligated amounts based on the unobligated balances from
fiscal year 2022 by State as of January 31, 2026; and
(E) $90,000,000 from amounts previously appropriated for
fiscal years 2024, 2025, and 2026 under paragraph (5) of such
title VIII for the reduction of truck emissions at port
facilities program:
Provided, That amounts derived from the unobligated
balances as described in the matter preceding this proviso
shall continue to be treated as amounts specified in section
103(b) of division A of Public Law 118-5;
(2) $20,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2025 and 2026 under the heading ``Federal Motor
Carrier Safety Administration--Motor Carrier Safety
Operations and Program'' in title VIII of division J of
Public Law 117-58: Provided, That amounts derived by
transfer as described in the matter preceding this proviso
shall continue to be treated as amounts specified in section
103(b) of division A of Public Law 118-5;
(3) $204,912,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2022, 2023, 2024, 2025, and 2026 under the
heading ``Office of the Secretary--Strengthening Mobility and
Revolutionizing Transportation Grant Program'' in title VIII
of division J of Public Law 117-58: Provided, That amounts
derived by transfer as described in the matter preceding this
proviso shall continue to
[[Page H1241]]
be treated as amounts specified in section 103(b) of division
A of Public Law 118-5;
(4) $50,000,000 shall be derived by transfer from the
unobligated balances of amounts made available by transfer
pursuant to section 801 in title VIII of division J of Public
Law 117-58 (excluding amounts transferred to the Office of
Inspector General of the Department of Transportation):
Provided, That amounts derived by transfer as described in
the matter preceding this proviso shall continue to be
treated as amounts specified in section 103(b) of division A
of Public Law 118-5; and
(5) $100,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal year 2026 under the heading ``Pipeline and Hazardous
Materials Safety Administration--Natural Gas Distribution
Infrastructure Safety and Modernization Grant Program'' in
title VIII of division J of Public Law 117-58 (excluding
amounts transferred to the Office of Inspector General of the
Department of Transportation): Provided, That amounts
derived by transfer as described in the matter preceding this
proviso shall continue to be treated as amounts specified in
section 103(b) of division A of Public Law 118-5:
Provided further, That the funds made available under this
heading shall be in addition to any funds provided for fiscal
year 2026 in this or any other Act for: (1) ``Federal-aid
Highways'' under chapter 1 of title 23, United States Code;
(2) the Appalachian development highway system as authorized
under section 1069(y) of Public Law 102-240; (3) activities
eligible under the Tribal transportation program under
section 202 of title 23, United States Code; (4) activities
eligible under the Federal lands transportation program under
section 203 of such title; (5) activities eligible under the
Federal land access program under section 204 of such title;
(6) the Northern Border Regional Commission (40 U.S.C. 15101
et seq.); (7) the Southwest Border Regional Commission (40
U.S.C. 15101 et seq.); (8) the Denali Commission; or (9)
activities eligible under chapter 5 of title 23, United
States Code, and shall not affect the distribution or amount
of funds provided in any other Act: Provided further, That,
except for the funds made available under this heading for
the Northern Border Regional Commission, the Southwest Border
Regional Commission, and the Denali Commission, section
11101(e) of Public Law 117-58 shall apply to funds made
available under this heading: Provided further, That amounts
made available under this heading shall not be subject to any
limitation on obligations for Federal-aid highways or highway
safety construction programs set forth in any Act making
annual appropriations: Provided further, That of the sums
appropriated or otherwise made available under this heading--
(1) $1,514,721,091, which shall be available until
September 30, 2029, shall be for the purposes, and in the
amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That amounts
made available in the preceding proviso for such purposes
shall not diminish or prejudice any application or geographic
region for other discretionary grant or loan awards made by
the Department of Transportation: Provided further, That,
except as otherwise provided under this heading, the funds
made available under this paragraph shall be administered as
if apportioned under chapter 1 of title 23, United States
Code: Provided further, That funds made available under this
paragraph that are used for Tribal projects shall be
administered as if allocated under chapter 2 of title 23,
United States Code, except that the set-asides described in
subparagraph (C) of section 202(b)(3) of title 23, United
States Code, and subsections (a)(6), (c), and (e) of section
202 of such title, and section 1123(h)(1) of MAP-21 (as
amended by Public Law 117-58), shall not apply to such funds;
(2) $200,000,000, to remain available until September 30,
2029, shall be for activities eligible under the Tribal
transportation program, as described in section 202 of title
23, United States Code: Provided, That, except as otherwise
provided under this heading, the funds made available under
this paragraph shall be administered as if allocated under
chapter 2 of title 23, United States Code: Provided further,
That the set-asides described in subparagraph (C) of section
202(b)(3) of title 23, United States Code, and subsections
(a)(6), (c), and (e) of section 202 of such title shall not
apply to funds made available under this paragraph: Provided
further, That the set-aside described in section 1123(h)(1)
of MAP-21 (as amended by Public Law 117-58), shall not apply
to such funds;
(3) $200,000,000, to remain available until expended, shall
be to carry out the Nationally Significant Multimodal Freight
and Highway Projects program under section 117 of title 23,
United States Code: Provided, That the funds made available
under this paragraph shall be for projects to provide public
parking for commercial motor vehicles: Provided further,
That such projects shall be within reasonable access to or in
the right of way of an Interstate highway, the National
Highway System, or the National Highway Freight Network:
Provided further, That the Secretary shall reserve not less
than 50 percent of the amounts made available under this
paragraph to make grants for projects that do not satisfy the
minimum threshold under section 117(d)(1)(B) of such title:
Provided further, That, of the amount reserved under the
preceding proviso, not less than 30 percent shall be used for
projects in rural areas: Provided further, That each grant
made with funds reserved under the third proviso of this
paragraph shall be in an amount that is at least $5,000,000:
Provided further, That in addition to other applicable
requirements, in making grants with funds reserved under the
third proviso of this paragraph, the Secretary shall take
into consideration the project selection considerations
described in section 117(e)(3) of such title: Provided
further, That, except as described in the preceding proviso,
subsections (e) and (i) of section 117 of such title shall
not apply to funds made available under this paragraph:
Provided further, That the Secretary shall reserve not less
than 25 percent of the amounts made available under this
paragraph to make grants for projects located in rural areas:
Provided further, That if qualified applications will not
allow for the amount reserved under the preceding proviso to
be fully utilized, the Secretary shall combine the unutilized
amounts with the amounts reserved under the fourth proviso of
this paragraph: Provided further, That the requirements in
section 117(g) of such title shall not apply to a project
assisted with a grant under this paragraph that does not meet
the minimum threshold under section 117(d)(1)(B): Provided
further, That, except as described in the following proviso,
the Federal share of the cost of a project assisted with a
grant under this paragraph may not exceed 60 percent:
Provided further, That the Federal share of the cost of a
project that does not meet the minimum threshold under
section 117(d)(1)(B) of such title shall be 80 percent:
Provided further, That an eligible applicant that receives a
grant under this paragraph may partner with a private entity
to fund the development, capacity expansion, or operation or
maintenance of a facility: Provided further, That no fees
may be charged by an eligible applicant receiving a grant
under this paragraph to a commercial motor vehicle driver to
use parking constructed, expanded, opened, maintained, or
improved with a grant under this paragraph: Provided
further, That the funds made available under this paragraph
shall not be used for the construction, or development phase
activities that would enable the construction, of charging or
fueling infrastructure for the propulsion of a vehicle,
including a commercial motor vehicle: Provided further, That
for purposes of this paragraph, (1) the term ``commercial
motor vehicle'' has the meaning given the term in section
31132 of title 49, United States Code, and (2) the term
``rural area'' has the meaning given the term in section
117(i)(3) of title 23, United States Code;
(4) $5,000,000, to remain available until September 30,
2029, shall be to carry out section 11502 of the
Infrastructure Investment and Jobs Act (23 U.S.C. 148 note):
Provided, That, except as otherwise provided under such
section or this heading, the funds made available under this
paragraph shall be administered as if apportioned under
chapter 1 of title 23, United States Code;
(5) $5,000,000, to remain available until September 30,
2029, shall be to carry out the regional infrastructure
accelerator demonstration program under section 1441 of the
FAST Act (23 U.S.C. 601 note): Provided, That for funds made
available under this paragraph, the Federal share of the
costs shall be, at the option of the recipient, up to 100
percent: Provided further, That funds made available under
this paragraph may be transferred to the Office of the
Secretary;
(6) $20,000,000 shall be for necessary expenses for
construction of the Appalachian development highway system,
as authorized under section 1069(y) of Public Law 102-240:
Provided, That for the purposes of funds made available under
this paragraph, the term ``Appalachian State'' means a State
that contains 1 or more counties (including any political
subdivision located within the area) in the Appalachian
region as defined in section 14102(a) of title 40, United
States Code: Provided further, That funds made available
under this heading for construction of the Appalachian
development highway system shall remain available until
expended: Provided further, That, except as provided in the
following proviso, funds made available under this heading
for construction of the Appalachian development highway
system shall be administered as if apportioned under chapter
1 of title 23, United States Code: Provided further, That a
project carried out with funds made available under this
heading for construction of the Appalachian development
highway system shall be carried out in the same manner as a
project under section 14501 of title 40, United States Code:
Provided further, That subject to the following proviso,
funds made available under this heading for construction of
the Appalachian development highway system shall be
apportioned to Appalachian States according to the
percentages derived from the 2012 Appalachian development
highway system cost-to-complete estimate, adopted in
Appalachian Regional Commission Resolution Number 736, and
confirmed as each Appalachian State's relative share of the
estimated remaining need to complete the Appalachian
development highway system, adjusted to exclude those
corridors that such States have no current plans to complete,
as reported in the 2013 Appalachian Development Highway
System Completion Report, unless those States have modified
and assigned a higher priority for completion of an
Appalachian development highway system
[[Page H1242]]
corridor, as reported in the 2020 Appalachian Development
Highway System Future Outlook: Provided further, That the
Secretary shall adjust apportionments made under the
preceding proviso so that no Appalachian State shall be
apportioned an amount in excess of 30 percent of the amount
made available for construction of the Appalachian
development highway system under this heading: Provided
further, That the Secretary shall consult with the
Appalachian Regional Commission in making adjustments under
the preceding two provisos: Provided further, That the
Federal share of the costs for which an expenditure is made
for construction of the Appalachian development highway
system under this heading shall be up to 100 percent;
(7) $3,000,000, to remain available until September 30,
2029, shall be transferred to the Southwest Border Regional
Commission (40 U.S.C. 15101 et seq.) to make grants, in
addition to amounts otherwise made available to the Southwest
Border Regional Commission for such purpose, for authorized
activities, including for administration of grants or
cooperative agreements to support interjurisdictional
planning activities advancing transportation infrastructure:
Provided, That a grant made with funds made available under
this paragraph shall be administered in the same manner as a
grant made under subtitle V of title 40, United States Code;
(8) $5,000,000, to remain available until expended, shall
be transferred to the Northern Border Regional Commission (40
U.S.C. 15101 et seq.) to make grants, in addition to amounts
otherwise made available to the Northern Border Regional
Commission for such purpose, to carry out pilot projects that
demonstrate the capabilities of wood-based infrastructure
projects: Provided, That a grant made with funds made
available under this paragraph shall be administered in the
same manner as a grant made under subtitle V of title 40,
United States Code;
(9) $5,000,000 shall be transferred to the Denali
Commission for activities eligible under section 307(d) of
the Denali Commission Act of 1998 (42 U.S.C. 3121 note;
Public Law 105-277): Provided, That funds made available
under this paragraph shall not be subject to section 311 of
such Act: Provided further, That except as otherwise
provided under section 307(d) of such Act or this heading,
funds made available under this paragraph shall be
administered as if directly appropriated to the Denali
Commission and subject to applicable provisions of such Act,
including the requirement in section 307(d) of such Act that
the local community provides a 10 percent non-Federal match
in the form of any necessary land or planning and design
funds: Provided further, That such funds shall be available
until expended: Provided further, That the Federal share of
the costs for which an expenditure is made with funds
transferred under this paragraph shall be up to 90 percent;
(10) $15,000,000 shall be transferred to the Denali
Commission to carry out the Denali access system program
under section 309 of the Denali Commission Act of 1998 (42
U.S.C. 3121 note; Public Law 105-277): Provided, That a
transfer under this paragraph shall not be subject to section
311 of such Act: Provided further, That except as otherwise
provided under this heading, funds made available under this
paragraph shall be administered as if directly appropriated
to the Denali Commission and subject to applicable provisions
of such Act: Provided further, That funds made available
under this paragraph shall not be subject to section
309(j)(2) of such Act: Provided further, That funds made
available under this paragraph shall be available until
expended: Provided further, That the Federal share of the
costs for which an expenditure is made with funds transferred
under this paragraph shall be up to 100 percent;
(11) $2,000,000, to remain available until September 30,
2029, shall be to carry out the pollinator-friendly practices
on roadsides and highway rights-of-way program under section
332 of title 23, United States Code;
(12) $10,000,000, to remain available until September 30,
2029, shall be for the national scenic byways program under
section 162 of title 23, United States Code: Provided, That,
except as otherwise provided under this heading, the funds
made available under this paragraph shall be administered as
if apportioned under chapter 1 of title 23, United States
Code;
(13) $350,000,000, to remain available until September 30,
2029, shall be for a competitive highway bridge program for
States that--
(A) have--
(i) a population density of less than 115 individuals per
square mile; or
(ii) a population of less than 1,100,000 individuals; and
(B) have--
(i) less than 26 percent of total bridges classified as in
good condition; or
(ii) greater than or equal to 4.9 percent of total bridges
classified as in poor condition:
Provided, That any such State with more than 14 percent of
total bridges classified as in poor condition shall receive
not less than $32,500,000 of the funds made available in this
paragraph for grant applications for projects eligible under
this paragraph: Provided further, That if the Secretary
determines that eligible applications from any such State
meeting the criteria under the preceding proviso are
insufficient to make awards of at least $32,500,000, the
Secretary shall use the unutilized amounts to provide other
grants to States eligible under this paragraph: Provided
further, That no State shall be awarded more than $55,000,000
in awards from funds made available under this paragraph for
grant applications for projects eligible under this
paragraph: Provided further, That the funds made available
under this paragraph shall be used for highway bridge
replacement or rehabilitation projects on public roads that
demonstrate cost savings by bundling multiple highway bridge
projects and, except as otherwise provided in this heading,
shall be administered as if apportioned under chapter 1 of
title 23, United States Code: Provided further, That the
requirements of section 144(j)(5) of title 23, United States
Code, shall not apply to funds made available under this
paragraph: Provided further, That for purposes of this
paragraph, the Secretary shall calculate population and
population density figures based on the latest available data
from the decennial census conducted under section 141(a) of
title 13, United States Code: Provided further, That for
purposes of this paragraph, the Secretary shall calculate the
percentages of bridge counts (including the percentages of
bridge counts classified as in poor and good condition) based
on the national bridge inventory as of June 2024;
(14) $25,000,000 shall be for a competitive Type 3 highway
bridge program for the replacement or rehabilitation of
bridges that--(A) are owned by a county; (B) are classified
as a Type 3 bridge by the Bureau of Reclamation; (C) are
eligible under the Federal lands access program, as described
in section 204 of title 23, United States Code; and (D) cross
a water conveyance structure owned by the Bureau of
Reclamation: Provided, That the Secretary, in consultation
with the Bureau of Reclamation, shall prioritize awards to
projects that will lead to--(i) improved water delivery; (ii)
improved bridge conditions; and (iii) improved safety,
efficiency, and reliability of the movement of people and
goods over Type 3 bridges crossing a water conveyance
structure owned by the Bureau of Reclamation: Provided
further, That only a county owning a bridge meeting the
conditions in this paragraph shall be an eligible applicant
for a grant under this paragraph: Provided further, That,
except as otherwise provided under this heading, funds made
available under this paragraph shall be administered as if
allocated under section 204 of such title, except that such
funds shall not be subject to subsections (b) or (c) of such
section: Provided further, That for the purposes of funds
made available under this paragraph, the term ``Type 3
bridge'' means a bridge classified as a Type 3 bridge by the
Bureau of Reclamation as defined in its Reclamation Manual
Directives and Standards FAC 07-01 (as updated on June 9,
2023): Provided further, That funds made available under
this paragraph shall remain available until expended:
Provided further, That the Federal share of the costs for
which an expenditure is made with funds made available under
this paragraph shall be 100 percent: Provided further, That
the Secretary of Transportation shall issue the notice of
funding opportunity for the funds made available under this
paragraph no later than 60 days after enactment of this Act:
Provided further, That the Secretary of Transportation shall
make grants for the funds made available under this paragraph
no later than 270 days after enactment of this Act;
(15) $6,159,500, to remain available until expended, shall
be for research leading to sustainable stormwater management
technologies and techniques to reduce the impacts of 6PPD and
6PPD-quinone on salmon-bearing streams: Provided, That the
Federal Highway Administration shall implement this research
as specified under the paragraph entitled ``Stormwater
Management'' in Senate Report 119-47; and
(16) $30,000,000, to remain available until expended, shall
be for capital construction grants under the Reconnecting
Communities Pilot Program as authorized under section
11509(d) of division A of the Infrastructure Investment and
Jobs Act (Public Law 117-58): Provided, That funds made
available under this paragraph shall only be available for
projects in States in which the Department of Transportation
previously awarded a competitive grant award and signed a
grant agreement of not less than $145,000,000 under section
177 of title 23, United States Code, and any amount of such
funds were subsequently rescinded by an Act of Congress.
administrative provisions--federal highway administration
(including rescissions)
Sec. 120. (a) For fiscal year 2026, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under section 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts
[[Page H1243]]
not distributed under paragraphs (1) and (2) of this
subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under authorized Federal-aid highway and
highway safety construction programs, or apportioned by the
Secretary under section 202 or 204 of title 23, United States
Code, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the national highway performance program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2026, only in an amount
equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code;
(B) title VI of the Fixing America's Surface Transportation
Act; and
(C) title III of division A of the Infrastructure
Investment and Jobs Act (Public Law 117-58).
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall
post on a website any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available in this Act may
be used to make a grant for a project under section 117 of
title 23, United States Code, unless the Secretary, at least
60 days before making a grant under that section, provides
written notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award.
Sec. 124. (a) A State or territory, as defined in section
165 of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation: Provided, That the Department of Transportation
for the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of
its intent to use its authority under this section and
submits an annual report to the Secretary identifying the
projects to which the funding would be applied.
Notwithstanding the original period of availability of funds
to be obligated under this section, such funds and associated
obligation limitation shall remain available for obligation
for a period of 3 fiscal years after the fiscal year in which
the Secretary is notified. The Federal share of the cost of a
project carried out with funds made available under this
section shall be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised
only for those projects or activities that have obligated
less than 10 percent of the amount made available for
obligation as of October 1 of the current fiscal year, and
shall be applied to projects within the same general
geographic area within 25 miles for which the funding was
designated, except that a State or territory may apply such
authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed
and for which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories annually
to the House and Senate Committees on Appropriations.
Sec. 125. The remaining unobligated balances, as of
September 30, 2026, from amounts made available for
``Department of Transportation--Federal Highway
Administration--Highway Infrastructure Programs'' in division
J of Public Law 117-58 for the Nationally Significant Freight
and Highway
[[Page H1244]]
Projects program under section 117 of title 23, United States
Code, for fiscal year 2023 are hereby permanently rescinded,
and an amount of additional new budget authority equivalent
to the amount rescinded pursuant to this section is hereby
appropriated on September 30, 2026, for an additional amount
for fiscal year 2026, to remain available until September 30,
2031, and shall be available, without additional competition,
for completing the funding of awards made pursuant to section
117 of title 23, United States Code, for fiscal year 2023
funding, in addition to other funds as may be available for
such purposes: Provided, That the amounts rescinded pursuant
to this section that were previously designated by the
Congress as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018, and to section
251(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985 are designated by the Congress as an emergency
requirement pursuant to 4001(a)(1) of S. Con. Res 14 (117th
Congress), the concurrent resolution on the budget for fiscal
year 2022, and to legislation establishing fiscal year 2026
budget enforcement in the House of Representatives: Provided
further, That the amount of additional new budget authority
provided by this section is designated by the Congress as
being for an emergency requirement pursuant to such section
4001(a)(1) and to legislation establishing fiscal year 2026
budget enforcement in the House of Representatives.
Sec. 126. The remaining unobligated balances, as of
September 30, 2026, from amounts made available for
``Department of Transportation--Federal Highway
Administration--Highway Infrastructure Programs'' in division
J of Public Law 117-58 for the bridge investment program
under section 124 of title 23, United States Code, for fiscal
year 2023 are hereby permanently rescinded, and an amount of
additional new budget authority equivalent to the amount
rescinded pursuant to this section is hereby appropriated on
September 30, 2026, for an additional amount for fiscal year
2026, to remain available until September 30, 2031, and shall
be available, without additional competition, for completing
the funding of awards made pursuant to section 124 of title
23, United States Code, for fiscal year 2023 funding, in
addition to other funds as may be available for such
purposes: Provided, That the amounts rescinded pursuant to
this section that were previously designated by the Congress
as an emergency requirement pursuant to section 4112(a) of H.
Con. Res. 71 (115th Congress), the concurrent resolution on
the budget for fiscal year 2018, and to section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are
designated by the Congress as an emergency requirement
pursuant to 4001(a)(1) of S. Con. Res 14 (117th Congress),
the concurrent resolution on the budget for fiscal year 2022,
and to legislation establishing fiscal year 2026 budget
enforcement in the House of Representatives: Provided
further, That the amount of additional new budget authority
provided by this section is designated by the Congress as
being for an emergency requirement pursuant to such section
4001(a)(1) and to legislation establishing fiscal year 2026
budget enforcement in the House of Representatives.
Sec. 127. The remaining unobligated balances, as of
September 30, 2026, from amounts made available for
``Department of Transportation--Federal Highway
Administration--Highway Infrastructure Programs'' in division
L of Public Law 117-328 for competitive awards for activities
eligible under section 176(d)(4)(A) and 176(d)(4)(C) of title
23, United States Code, for fiscal year 2023 are hereby
permanently rescinded, and an amount of additional new budget
authority equivalent to the amount rescinded pursuant to this
section is hereby appropriated on September 30, 2026, for an
additional amount for fiscal year 2026, to remain available
until September 30, 2031, and shall be available, without
additional competition, for completing the funding of awards
made pursuant to section 176 of title 23, United States Code,
for fiscal year 2023 funding, in addition to other funds as
may be available for such purposes.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31110 of title
49, United States Code, as amended by the Infrastructure
Investment and Jobs Act (Public Law 117-58), $390,000,000, to
be derived from the Highway Trust Fund (other than the Mass
Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration,
the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution,
or administration of motor carrier safety operations and
programs authorized under title 49, United States Code, shall
not exceed total obligations of $390,000,000, for ``Motor
Carrier Safety Operations and Programs'' for fiscal year
2026: Provided further, That of the amounts made available
under this heading--
(1) not less than $63,098,000, to remain available for
obligation until September 30, 2028, shall be for
development, modernization, enhancement, and continued
operation and maintenance of information technology and
information management; and
(2) $14,073,000, to remain available for obligation until
September 30, 2028, shall be for the research and technology
program:
Provided further, That the activities funded in paragraphs
(1) and (2) in the preceding proviso may be accomplished
through direct expenditures, direct research activities,
grants, cooperative agreements, contracts, intra-agency or
interagency agreements, or other agreements with public
organizations.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
sections 31102, 31103, 31104, and 31313 of title 49, United
States Code, $536,600,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to
remain available until expended: Provided, That funds
available for the implementation or execution of motor
carrier safety programs shall not exceed total obligations of
$541,600,000 in fiscal year 2026 for ``Motor Carrier Safety
Grants'': Provided further, That of the amounts made
available under this heading--
(1) $422,500,000, to remain available for obligation until
September 30, 2027, shall be for the motor carrier safety
assistance program;
(2) $45,200,000, to remain available for obligation until
September 30, 2027, shall be for the commercial driver's
license program implementation program;
(3) $62,400,000, to remain available for obligation until
September 30, 2027, shall be for the high priority program;
(4) $1,500,000, to remain available for obligation until
September 30, 2027, shall be for the commercial motor vehicle
operators grant program; and
(5) $10,000,000, to remain available for obligation until
September 30, 2027, shall be for the commercial motor vehicle
enforcement training and support grant program, of which
$5,000,000 shall be made available from prior year
unobligated contract authority made available for Motor
Carrier Safety Grants in section 23001 of the Infrastructure
Investment and Jobs Act (Public Law 117-58): Provided, That
such prior year unobligated contract authority shall be
available to complete the fiscal year 2024 commercial motor
vehicle enforcement training and support grant program notice
of funding opportunity and shall be available to all
applicants otherwise eligible under such notice of funding
opportunity.
administrative provisions--federal motor carrier safety administration
Sec. 130. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or
any other Act may be obligated or expended to implement,
administer, or enforce the requirements of section 31137 of
title 49, United States Code, or any regulation issued by the
Secretary pursuant to such section, with respect to the use
of electronic logging devices by operators of commercial
motor vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C.
1471) or insects.
Sec. 131. The Secretary shall update the Department's
regulations to ensure that non-compliance with section
391.11(b)(2) of title 49, Code of Federal Regulations,
triggers an out-of-service order.
National Highway Traffic Safety Administration
operations and research
(including transfer of funds)
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety,
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $200,000,000, of which
$65,000,000 shall remain available through September 30,
2027, and of which $129,000,000 shall be derived by transfer
from the unobligated balances of amounts previously
appropriated in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58) as
follows: (1) $79,000,000 from amounts previously appropriated
for fiscal years 2023, 2024, 2025, and 2026 in paragraph (3)
under the heading ``Department of Transportation--National
Highway Traffic Safety Administration--Supplemental Highway
Traffic Safety Programs''; and (2) $50,000,000 from amounts
previously appropriated for fiscal year 2026 under the
heading ``Department of Transportation--National Highway
Traffic Safety Administration--Crash Data'': Provided, That
amounts derived by transfer as described in the matter
preceding this proviso shall continue to be treated as
amounts specified in section 103(b) of division A of Public
Law 118-5.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of section 403 of title 23, United States Code,
including behavioral research on automated driving systems
and advanced driver assistance systems and improving consumer
responses to safety recalls, section 25024 of the
Infrastructure Investment and Jobs Act (Public Law 117-58),
and chapter 303 of title 49, United States Code,
$209,600,000, to be derived from the
[[Page H1245]]
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That none of
the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in
fiscal year 2026, are in excess of $209,600,000: Provided
further, That of the sums appropriated under this heading--
(1) $202,000,000 shall be for programs authorized under
section 403 of title 23, United States Code, including
behavioral research on automated driving systems and advanced
driver assistance systems and improving consumer responses to
safety recalls, and section 25024 of the Infrastructure
Investment and Jobs Act (Public Law 117-58); and
(2) $7,600,000 shall be for the national driver register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $209,600,000 obligation
limitation for operations and research, $57,500,000 shall
remain available until September 30, 2027, and shall be in
addition to the amount of any limitation imposed on
obligations for future years: Provided further, That amounts
for behavioral research on automated driving systems and
advanced driver assistance systems and improving consumer
responses to safety recalls are in addition to any other
funds provided for those purposes for fiscal year 2026 in
this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of sections 402, 404, and 405 of title 23, United
States Code, and grant administration expenses under chapter
4 of title 23, United States Code, to remain available until
expended, $849,654,625, to be derived from the Highway Trust
Fund (other than the Mass Transit Account): Provided, That
none of the funds in this Act shall be available for the
planning or execution of programs for which the total
obligations in fiscal year 2026 are in excess of $849,654,625
for programs authorized under sections 402, 404, and 405 of
title 23, United States Code, and grant administration
expenses under chapter 4 of title 23, United States Code:
Provided further, That of the sums appropriated under this
heading--
(1) $393,400,000 shall be for highway safety programs under
section 402 of title 23, United States Code;
(2) $367,500,000 shall be for national priority safety
programs under section 405 of title 23, United States Code;
(3) $44,300,000 shall be for the high visibility
enforcement program under section 404 of title 23, United
States Code; and
(4) $44,454,625 shall be for grant administrative expenses
under chapter 4 of title 23, United States Code:
Provided further, That none of these funds shall be used
for construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to
exceed $500,000 of the funds made available for national
priority safety programs under section 405 of title 23,
United States Code, for impaired driving countermeasures (as
described in subsection (d) of that section) shall be
available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision
under section 405(a)(10) of title 23, United States Code, any
amounts transferred to increase the amounts made available
under section 402 shall include the obligation authority for
such amounts: Provided further, That the Administrator shall
notify the House and Senate Committees on Appropriations of
any exercise of the authority granted under the preceding
proviso or under section 405(a)(10) of title 23, United
States Code, within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 141. None of the funds provided in this Act may be
used to encourage illegal drug or alcohol use in the National
Highway Traffic Safety Administration's impaired driving
advertising campaigns.
Sec. 142. An additional $130,000 shall be made available
to the National Highway Traffic Safety Administration, out of
the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $264,761,000, of
which $25,000,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $40,000,000, to remain available until expended:
Provided, That of the amounts provided under this heading,
up to $3,000,000 shall be available pursuant to section
20108(d) of title 49, United States Code, for the
construction, alteration, and repair of buildings and
improvements at the Transportation Technology Center:
Provided further, That of the amounts provided under this
heading, not less than $2,500,000 shall be available pursuant
to section 20108(j) of title 49, United States Code, to
establish and maintain a center of excellence.
federal-state partnership for intercity passenger rail
(including transfer of funds)
For necessary expenses related to Federal-State partnership
for intercity passenger rail grants as authorized by section
24911 of title 49, United States Code, $65,000,000, to remain
available until expended: Provided, That the Secretary may
withhold up to 2 percent of the amounts made available under
this heading in this Act for the costs of award and project
management oversight of grants carried out under title 49,
United States Code: Provided further, That of the amounts
made available under this heading, $40,000,000 shall be
derived by transfer from the unobligated balances of amounts
previously appropriated for fiscal years 2025 and 2026 for
the costs of award and project management oversight of
grants, including amounts transferred to the ``Financial
Assistance Oversight and Technical Assistance'' account
(excluding amounts transferred to the Office of Inspector
General of the Department of Transportation and to the
National Railroad Passenger Corporation Office of Inspector
General) under the heading ``Federal Railroad
Administration--Federal-State Partnership for Intercity
Passenger Rail Grants'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58):
Provided further, That amounts transferred pursuant to the
preceding proviso shall continue to be treated as amounts
specified in section 103(b) of division A of Public Law 118-
5: Provided further, That, of amounts made available under
this heading, $5,000,000 shall be for a grant to the Union
Station Redevelopment Corporation to rehabilitate and repair
the Washington Union Station complex, and section 24911(f)(2)
of title 49, United States Code, shall not apply to that
grant.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to consolidated rail
infrastructure and safety improvements grants, as authorized
by section 22907 of title 49, United States Code,
$137,426,000, to remain available until expended: Provided,
That of the amounts made available under this heading in this
Act--
(1) $87,426,000 shall be available for the purposes, and in
amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
amounts made available in the preceding proviso for such
purposes shall not diminish or prejudice any application or
geographic region for other discretionary grant or loan
awards made by the Department of Transportation: Provided
further, That requirements under subsections (g) and (l) of
section 22907 of title 49, United States Code, shall not
apply to the funds made available under this paragraph:
Provided further, That any remaining funds available after
the distribution of the Community Project Funding/
Congressionally Directed Spending described in this paragraph
shall be available to the Secretary to distribute as
discretionary grants under this heading; and
(2) $50,000,000 shall be available to the Secretary to
distribute as discretionary grants under this heading in this
Act:
Provided further, That of the amounts made available under
this heading--
(1) $20,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal year 2026 for the costs of award and project
management oversight of grants, including amounts transferred
to the ``Financial Assistance Oversight and Technical
Assistance'' account (excluding amounts transferred to the
Office of Inspector General of the Department of
Transportation and to the National Railroad Passenger
Corporation Office of Inspector General) under the heading
``Federal Railroad Administration--Consolidated Rail
Infrastructure and Safety Improvements'' in title VIII of
division J of the Infrastructure Investment and Jobs Act
(Public Law 117-58); and
(2) $110,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2025 and 2026 for the costs of award and project
management oversight of grants, including amounts transferred
to the ``Financial Assistance Oversight and Technical
Assistance'' account (excluding amounts transferred to the
Office of Inspector General of the Department of
Transportation and to the National Railroad Passenger
Corporation Office of Inspector General) under the heading
``Federal Railroad Administration--Federal-State Partnership
for Intercity Passenger Rail Grants'' in title VIII of
division J of the Infrastructure Investment and Jobs Act
(Public Law 117-58):
Provided further, That amounts transferred pursuant to the
preceding proviso shall continue to be treated as amounts
specified in section 103(b) of division A of Public Law 118-
5: Provided further, That for amounts
[[Page H1246]]
made available under this heading in this Act, eligible
projects under section 22907(c)(8) of title 49, United States
Code, shall also include railroad systems planning (including
the preparation of regional intercity passenger rail plans
and State rail plans) and railroad project development
activities (including railroad project planning, preliminary
engineering, design, environmental analysis, feasibility
studies, and the development and analysis of project
alternatives): Provided further, That section 22905(f) of
title 49, United States Code, shall not apply to amounts made
available under this heading in this Act for projects that
implement or sustain positive train control systems otherwise
eligible under section 22907(c)(1) of title 49, United States
Code: Provided further, That amounts made available under
this heading in this Act for projects selected for commuter
rail passenger transportation may be transferred by the
Secretary, after selection, to the appropriate agencies to be
administered in accordance with chapter 53 of title 49,
United States Code: Provided further, That for amounts made
available under this heading in this Act, eligible recipients
under section 22907(b)(7) of title 49, United States Code,
shall include any holding company of a Class II railroad or
Class III railroad (as those terms are defined in section
20102 of title 49, United States Code): Provided further,
That section 22907(e)(1)(A) of title 49, United States Code,
shall not apply to amounts made available under this heading
in this Act: Provided further, That section 22907(e)(1)(A)
of title 49, United States Code, shall not apply to amounts
made available under this heading in previous fiscal years if
such funds are announced in a notice of funding opportunity
that includes funds made available under this heading in this
Act: Provided further, That the preceding proviso shall not
apply to funds made available under this heading in the
Infrastructure Investment and Jobs Act (division J of Public
Law 117-58): Provided further, That unobligated balances
remaining after 6 years from the date of enactment of this
Act may be used for any eligible project under section
22907(c) of title 49, United States Code: Provided further,
That the Secretary may withhold up to 2 percent of the
amounts made available under this heading in this Act for the
costs of award and project management oversight of grants
carried out under title 49, United States Code.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the Northeast Corridor as authorized by
section 22101(a) of the Infrastructure Investment and Jobs
Act (Public Law 117-58), $850,000,000, to remain available
until expended: Provided, That the Secretary may retain up
to one-half of 1 percent of the amounts made available under
both this heading in this Act and the ``National Network
Grants to the National Railroad Passenger Corporation''
heading in this Act to fund the costs of project management
and oversight of activities authorized by section 22101(c) of
the Infrastructure Investment and Jobs Act (Public Law 117-
58): Provided further, That in addition to the project
management oversight funds authorized under section 22101(c)
of the Infrastructure Investment and Jobs Act (Public Law
117-58), the Secretary shall retain an additional $5,000,000
of the amounts made available under this heading in this Act
to fund expenses associated with the Northeast Corridor
Commission established under section 24905 of title 49,
United States Code.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the National Network as authorized by section
22101(b) of the Infrastructure Investment and Jobs Act
(Public Law 117-58), $1,577,000,000, to remain available
until expended: Provided, That the Secretary shall retain an
additional $3,000,000 of the funds provided under this
heading in this Act to fund expenses associated with the
State-Supported Route Committee established under section
24712 of title 49, United States Code: Provided further,
That none of the funds provided under this heading in this
Act shall be used by Amtrak to give notice under subsection
(a) or (c) of section 24706 of title 49, United States Code,
with respect to long-distance routes (as defined in section
24102 of title 49, United States Code) on which Amtrak is the
sole operator on a host railroad's line and a positive train
control system is not required by law or regulation, or,
except in an emergency or during maintenance or construction
outages impacting such routes, to otherwise discontinue,
reduce the frequency of, suspend, or substantially alter the
route of rail service on any portion of such route operated
in fiscal year 2018, including implementation of service
permitted by section 24305(a)(3)(A) of title 49, United
States Code, in lieu of rail service: Provided further, That
the National Railroad Passenger Corporation may use up to
$66,000,000 of the amounts made available under this heading
in this Act for corridor development activities as authorized
by section 22101(h) of Public Law 117-58: Provided further,
That $5,000,000 of the amounts made available under this
heading in this Act shall be for the modernization project
identified under this heading included for this division in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
administrative provisions--federal railroad administration
(including transfer of funds)
(including rescission)
Sec. 150. The amounts made available to the Secretary or
to the Federal Railroad Administration for the costs of
award, administration, and project management oversight of
financial assistance which are administered by the Federal
Railroad Administration, in this and prior Acts, may be
transferred to the Federal Railroad Administration's
``Financial Assistance Oversight and Technical Assistance''
account for the necessary expenses to support the award,
administration, project management oversight, and technical
assistance of financial assistance administered by the
Federal Railroad Administration, in the same manner as
appropriated for in this and prior Acts: Provided, That this
section shall not apply to amounts that were previously
designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 151. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the preceding proviso for specific employees
when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations no later
than 60 days after the date of enactment of this Act, a
summary of all overtime payments incurred by Amtrak for 2025
and the 3 prior calendar years: Provided further, That such
summary shall include the total number of employees that
received waivers and the total overtime payments Amtrak paid
to employees receiving waivers for each month for 2025 and
for the 3 prior calendar years.
Sec. 152. None of the funds made available to the National
Railroad Passenger Corporation under the headings ``Northeast
Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National
Railroad Passenger Corporation'' may be used to reduce the
total number of Amtrak Police Department uniformed officers
patrolling on board passenger trains or at stations,
facilities or rights-of-way below the staffing level on May
1, 2019.
Sec. 153. For amounts made available under the heading
``Federal-State Partnership for Intercity Passenger Rail''
for fiscal year 2026 in this Act and in title VIII of
division J of Public Law 117-58, the Union Station
Redevelopment Corporation shall be considered an entity
eligible to receive a grant under section 24911(a) of title
49, United States Code: Provided, That section 24911(f)(2)
of title 49 shall not apply to grants made available to the
Union Station Redevelopment Corporation under the authority
as provided in this section: Provided further, That the
Union Station Redevelopment Corporation and the National
Railroad Passenger Corporation shall adhere to Public Law 97-
125 and ensure the historic preservation and improvements to
Washington Union Station are achieved with maximum reliance
on the private sector and minimum requirement for Federal
assistance.
Sec. 154. None of the funds made available by this Act may
be used by the National Railroad Passenger Corporation in
contravention of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).
Sec. 155. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,200,000 riders in 39 States and
the District of Columbia and are particularly important in
rural areas; and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United
States Code).
Sec. 156. Of the unobligated balances of funds remaining
from--
(1) ``Railroad Safety Grants'' account totaling $795,331.70
appropriated by Public Law 114-113 is hereby permanently
rescinded;
(2) ``Grants to the National Railroad Passenger
Corporation'' account totaling $20 appropriated by Public Law
104-50 is hereby permanently rescinded;
(3) ``Capital Assistance to States--Intercity Passenger
Rail Grant Program'' account totaling $292,181.41
appropriated by Public Law 111-8 is hereby permanently
rescinded;
(4) ``Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'' account totaling $9,912.54
appropriated by Public Law 111-117 is hereby permanently
rescinded;
(5) ``Railroad Research and Development'' account totaling
$1,008,385 appropriated by Public Law 109-115 is hereby
permanently rescinded;
(6) ``National Network Grants to the National Railroad
Passenger Corporation'' account totaling $76,633.70
appropriated by Public Law 115-31 is hereby permanently
rescinded;
(7) ``Magnetic Levitation Technology Deployment Program''
account totaling $14,000,000 appropriated by the following
public laws are hereby permanently rescinded:
[[Page H1247]]
(A) Public Law 116-6 a total of $10,000,000;
(B) Public Law 116-94 a total of $2,000,000; and
(C) Public Law 116-260 a total of $2,000,000;
(8) ``Consolidated Rail Infrastructure and Safety
Improvements'' account totaling $5,000,000 appropriated by
Public Law 117-328 for preconstruction planning activities
and capital costs related to the deployment of magnetic
levitation transportation projects is hereby permanently
rescinded; and
(9) ``Capital Assistance for High Speed Rail Corridors and
Intercity Passenger Rail Service'' account totaling
$928,620,000 appropriated by Public Law 111-117 is hereby
permanently rescinded.
Federal Transit Administration
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal public
transportation assistance program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340, section
20005(b) of Public Law 112-141, and section 3006(b) of Public
Law 114-94, $14,642,000,000, to be derived from the Mass
Transit Account of the Highway Trust Fund and to remain
available until expended: Provided, That funds available for
the implementation or execution of programs authorized under
49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318,
5329(e)(6), 5334, 5335, 5337, 5339, and 5340, section
20005(b) of Public Law 112-141, and section 3006(b) of Public
Law 114-94, shall not exceed total obligations of
$14,642,000,000 in fiscal year 2026.
transit infrastructure grants
(including transfer of funds)
For an additional amount for ferry boat grants under
section 5307(h) of title 49, United States Code, bus testing
facilities under section 5318 of such title, accelerating
innovative mobility initiative grants under section 5312 of
such title, Community Project Funding/Congressionally
Directed Spending for projects and activities eligible under
chapter 53 of such title, ferry service for rural communities
under section 71103 of division G of Public Law 117-58, and
operating assistance to improve public safety in transit
systems, $211,423,390, to remain available until expended:
Provided, That of the sums provided under this heading in
this Act--
(1) $25,000,000 shall be available for ferry boat grants as
authorized under section 5307(h) of such title: Provided,
That of the amounts provided in this paragraph, no less than
$4,000,000 shall be available for low or zero emission
ferries or ferries using electric battery or fuel cell
components and the infrastructure to support such ferries;
(2) $1,500,000 shall be available for the operation and
maintenance of the bus testing facilities selected under
section 5318 of such title;
(3) $2,000,000 shall be available for the accelerating
innovative mobility initiative as authorized under section
5312 of title 49, United States Code: Provided, That such
amounts shall be available for competitive grants to improve
mobility and enhance the rider experience with a focus on
innovative service delivery models, creative financing, novel
partnerships, and integrated payment solutions in order to
help disseminate proven innovation mobility practices
throughout the public transportation industry;
(4) $147,923,390 shall be available for the purposes, and
in the amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That amounts
made available in this paragraph for such purposes shall not
diminish or prejudice any application or geographic region
for other discretionary grant or loan awards made by the
Department of Transportation: Provided further, That unless
otherwise specified, applicable requirements under chapter 53
of title 49, United States Code, shall apply to amounts made
available in this paragraph, except that the Federal share of
the costs for a project in this paragraph shall be in an
amount equal to 80 percent of the net costs of the project,
unless the Secretary approves a higher maximum Federal share
of the net costs of the project consistent with
administration of similar projects funded under chapter 53 of
title 49, United States Code;
(5) $20,000,000 shall be available for ferry service for
rural communities under section 71103 of division G of Public
Law 117-58: Provided, That for amounts made available in
this paragraph, notwithstanding section 71103(a)(2)(B),
eligible service shall include passenger ferry service that
serves at least two rural areas with a single segment over 15
miles between the two rural areas: Provided further, That
for (1) amounts made available in this paragraph, (2)
unobligated balances from amounts made available pursuant to
section 1101(a)(12) of division A of the Full-Year Continuing
Appropriations and Extensions Act, 2025 (Public Law 119-4)
for ferry service for rural communities previously
appropriated in paragraph (5) under this heading in division
F of the Consolidated Appropriations Act, 2024 (Public Law
118-42), and (3) unobligated balances from amounts made
available in paragraph (5) under this heading in division F
of the Consolidated Appropriations Act, 2024 (Public Law 118-
42), notwithstanding section 71103(e)(2), eligible service
shall include passenger ferry service that receives funds
apportioned under chapter 53 of title 49, United States Code:
Provided further, That entities that provide eligible
service pursuant to the preceding two provisos may use
amounts made available in this paragraph for public
transportation capital projects to support any ferry service
between two rural areas; and
(6) $15,000,000 shall be available for costs related to
operating equipment and facilities for use in public
transportation to improve public safety in transit systems:
Provided, That the Secretary shall provide amounts made
available in this paragraph as if such amounts were provided
under section 5307 of title 49, United States Code, as
applicable: Provided further, That notwithstanding
subsection (a)(1) or (a)(2) of section 5307 of such title,
amounts made available in this paragraph shall be available
for the operating cost of equipment and facilities for use in
public transportation eligible under section 5307 of such
title: Provided further, That amounts made available in this
paragraph shall be for eligible recipients under section 5307
of such title for such operating costs to improve public
safety, reduce crime, and increase security in transit
systems: Provided further, That the Secretary shall allocate
amounts made available in this paragraph to the 10 eligible
recipients with the highest ridership in fiscal year 2024:
Provided further, That amounts shall be provided to eligible
recipients proportionally based on ridership in fiscal year
2024: Provided further, That no eligible recipient may
receive an allocation of more than 50 percent of the total
amounts made available in this paragraph: Provided further,
That the Secretary shall allocate any excess funds above the
50 percent threshold in the preceding proviso to all other
eligible recipients in this paragraph proportionally based on
ridership in fiscal year 2024: Provided further, That the
Secretary shall allocate amounts made available in this
paragraph to eligible recipients no later than 30 days after
the date of enactment of this Act:
Provided further, That amounts made available under this
heading shall be derived from the general fund, of which--
(1) $40,795,000 shall be derived from amounts previously
appropriated for fiscal year 2026 for administrative and
oversight expenses as authorized under section 5334 and
section 5338(c) of title 49, United States Code, (excluding
amounts transferred to the Office of Inspector General of the
Department of Transportation) under the heading ``Federal
Transit Administration--Transit Infrastructure Grants'' in
title VIII of division J of the Infrastructure Investment and
Jobs Act (Public Law 117-58);
(2) $4,975,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2022, 2023, 2024, 2025, and 2026 for
administrative and oversight expenses as authorized under
section 5334 and section 5338(c) of title 49, United States
Code, (excluding amounts transferred to the Office of
Inspector General of the Department of Transportation) under
the heading ``Federal Transit Administration--Electric or
Low-Emitting Ferry Program'' in title VIII of division J of
the Infrastructure Investment and Jobs Act (Public Law 117-
58);
(3) $4,601,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2022, 2023, 2024, 2025, and 2026 for
administrative and oversight expenses as authorized under
section 5334 and section 5338(c) of title 49, United States
Code, (excluding amounts transferred to the Office of
Inspector General of the Department of Transportation) under
the heading ``Federal Transit Administration--Ferry Service
for Rural Communities'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58);
and
(4) $138,000,000 shall be derived by transfer from the
unobligated balances of amounts previously appropriated for
fiscal years 2025 and 2026 for the costs of award and project
management oversight of grants, including amounts transferred
to the ``Financial Assistance Oversight and Technical
Assistance'' account (excluding amounts transferred to the
Office of Inspector General of the Department of
Transportation and to the National Railroad Passenger
Corporation Office of Inspector General) under the heading
``Federal Railroad Administration--Federal-State Partnership
for Intercity Passenger Rail Grants'' in title VIII of
division J of the Infrastructure Investment and Jobs Act
(Public Law 117-58):
Provided further, That amounts transferred pursuant to the
preceding proviso shall continue to be treated as amounts
specified in section 103(b) of division A of Public Law 118-
5: Provided further, That amounts made available under this
heading in this Act shall not be subject to any limitation on
obligations for transit programs set forth in this or any
other Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title
49, United States Code, $7,500,000, to remain available until
September 30, 2027: Provided, That the assistance provided
under this heading does not duplicate the activities of
section 5311(b) or section 5312 of title 49, United States
Code: Provided further, That amounts made available
[[Page H1248]]
under this heading are in addition to any other amounts made
available for such purposes: Provided further, That amounts
made available under this heading shall not be subject to any
limitation on obligations set forth in this or any other Act.
capital investment grants
(including transfer of funds)
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United
States Code, and section 3005(b) of the Fixing America's
Surface Transportation Act (Public Law 114-94),
$1,700,000,000, to remain available until expended:
Provided, That of the sums appropriated under this heading in
this Act--
(1) $1,357,300,000 shall be available for projects
authorized under section 5309(d) of title 49, United States
Code;
(2) $200,000,000 shall be available for projects authorized
under section 5309(e) of title 49, United States Code;
(3) $25,700,000 shall be available for projects authorized
under section 5309(h) of title 49, United States Code; and
(4) $100,000,000 shall be available for projects authorized
under section 3005(b) of the Fixing America's Surface
Transportation Act:
Provided further, That the amounts made available under
this heading in this or any prior appropriations Act shall be
available for the purposes, and in amounts, specified in the
table entitled ``Allocation of FTA Capital Investment Grants
Funding'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That
the Secretary shall make allocations for amounts made
available under this heading in this or any prior
appropriations Act in accordance with the table referred to
in the second proviso under this heading in this Act no later
than 120 days after the enactment of this Act: Provided
further, That not to exceed 10 percent of any funding level
specified in the table referred to in the second proviso
under this heading in this Act may be transferred to any
other funding level specified in such table: Provided
further, That no transfer of such funding levels may increase
or decrease any funding level in the table referred to in the
second proviso under this heading in this Act by more than 10
percent: Provided further, That the preceding two provisos
shall not apply to projects with full funding grant
agreements under section 5309(d) of title 49, United States
Code, included in the table referred to in the second proviso
under this heading in this Act: Provided further, That for
funds made available under this heading in division J of
Public Law 117-58 the second through sixth provisos shall be
treated as inapplicable for fiscal year 2026: Provided
further, That for funds made available under this heading in
division J of Public Law 117-58, $734,900,000 may be
available for projects authorized under section 5309(d) of
title 49, United States Code: Provided further, That for
funds made available under this heading in division J of
Public Law 117-58, $849,500,000 may be available for projects
authorized under section 5309(h) of title 49, United States
Code: Provided further, That amounts repurposed under this
heading in this Act shall continue to be treated as amounts
specified in section 103(b) of division A of Public Law 118-
5: Provided further, That the Secretary shall continue to
administer the capital investment grants program in
accordance with the procedural and substantive requirements
of section 5309 of title 49, United States Code, and of
section 3005(b) of the Fixing America's Surface
Transportation Act: Provided further, That projects that
receive a grant agreement under the expedited project
delivery for capital investment grants pilot program under
section 3005(b) of the Fixing America's Surface
Transportation Act shall be deemed eligible for funding
provided for projects under section 5309 of title 49, United
States Code, without further evaluation or rating under such
section: Provided further, That such funding shall not
exceed the Federal share under section 3005(b).
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
the Passenger Rail Investment and Improvement Act of 2008
(Public Law 110-432), $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That the Secretary
shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those
investments that will improve the safety of the system before
approving such grants.
administrative provisions--federal transit administration
(including transfer of funds)
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the heading
``Capital Investment Grants'' of the Federal Transit
Administration for projects specified in this Act not
obligated by September 30, 2029, and other recoveries, shall
be directed to projects eligible to use the funds for the
purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2025, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. None of the funds made available by this Act or
any other Act shall be used to adjust apportionments or
withhold funds from apportionments pursuant to section
9503(e)(4) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(e)(4)).
Sec. 164. None of the funds made available by this Act or
any other Act shall be used to impede or hinder project
advancement or approval for any project seeking a Federal
contribution from the capital investment grants program of
greater than 40 percent of project costs as authorized under
section 5309 of title 49, United States Code.
Sec. 165. Of the unobligated balances made available for
the following programs authorized by Public Law 109-59, the
Secretary shall make $94,316,766 available for transportation
assistance, including assistance with transit planning,
capital projects, and operating assistance, for surface,
commuter, and public transportation systems necessary to
support the mobility needs of the international quadrennial
Olympic and Paralympic events as authorized by section
1223(e) of Public Law 105-178--
(1) ``Alternatives Analysis Program'' under section 5339 of
title 49, United States Code;
(2) ``bus and bus-related equipment and facilities'' under
section 5309 of title 49, United States Code; and
(3) ``Alternative Transportation in Parks and Public
Lands'' under section 5320 of title 49, United States Code:
Provided, That such assistance shall be for any eligible
entity as defined by section 6702 of title 49, United States
Code, that serves or supports service to a venue that is part
of the 2028 international quadrennial Olympic or Paralympic
events: Provided further, That such assistance may be
provided through direct grants or cooperative agreements for
which the Federal share shall not exceed 80 percent, with the
exception of assistance for a supplemental public
transportation bus system which shall be no less than 90
percent: Provided further, That these amounts shall be in
addition to other amounts made available for such purpose:
Provided further, That amounts made available in this section
may be transferred to other operating administrations of the
Department to administer the amounts made available in this
section as appropriate: Provided further, That amounts made
available in this section shall only be available for
obligation for the purposes specifically authorized in this
section in this Act for a period not to exceed 2 fiscal years
after the official closing of the 2028 international
quadrennial Olympic and Paralympic events.
Sec. 166. Of the unobligated balances made available for
the following programs authorized by Public Law 109-59 and
Public Law 105-178, the Secretary shall make $100,250,212
available for grants to transit agencies for costs related to
eligible planning, capital, and operating expenses for
equipment and facilities in support of matches or other
public events held in domestic host cities for the FIFA World
Cup 2026--
(1) ``Clean Fuels Grant Program'' under section 5308 of
title 49, United States Code;
(2) ``Job Access and Reverse Commute Formula Grants'' under
section 5316 of title 49, United States Code;
(3) ``New Freedom'' under section 5317 of title 49, United
States Code, as amended by Public Law 109-59; and
(4) ``Rural Transportation Accessibility Incentive
Program'' under section 3038 of Public Law 105-178:
Provided, That the Secretary shall apportion such amounts
not later than 30 days after enactment of this Act so that
the transit agencies in each of the domestic host cities for
the FIFA World Cup 2026 are each entitled to receive an
amount equal to--
(1) 70 percent of the total amount apportioned multiplied
by a ratio equal to the FIFA estimated stadium capacity of
the host stadium at the time of apportionment divided by the
total FIFA estimated stadium capacity of all host stadiums at
the time of apportionment; and
(2) 30 percent of the total amount apportioned multiplied
by a ratio equal to the number of matches to be held in the
host stadium divided by the total number of matches to be
held in all host cities in the United States:
Provided further, That notwithstanding subsection (a)(1) or
(b) of section 5307 of title 49, United States Code, amounts
made available in this section are available for the
planning, capital, and operating expenses of transit agencies
for hosting matches or other public events held in domestic
host cities for the FIFA World Cup 2026, eligible under
section 5307 of title 49, United States Code: Provided
further, That such planning, capital, and operating expenses
are not required to be included in a transportation
improvement program, long-range transportation, statewide
transportation plan, or a statewide transportation
improvement program: Provided further, That the Secretary
shall not waive the requirements of section 5333 of title 49,
United States Code, for amounts made available in this
section: Provided further, That
[[Page H1249]]
unless otherwise specified, applicable requirements under
chapter 53 of title 49, United States Code, shall apply to
amounts made available in this section, except that the
Federal share of the costs for which any grant is made
according to this section shall be, at the option of the
recipient, up to 100 percent: Provided further, That amounts
made available in this section shall only be available for
obligation for the purposes specifically authorized in this
section in this Act for a period not to exceed 1 fiscal year
after the official closing of the FIFA World Cup 2026 events.
Great Lakes St. Lawrence Seaway Development Corporation
The Great Lakes St. Lawrence Seaway Development Corporation
is hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs
set forth in the Corporation's budget for the current fiscal
year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital infrastructure activities on
portions of the St. Lawrence Seaway owned, operated, and
maintained by the Great Lakes St. Lawrence Seaway Development
Corporation, $38,080,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238):
Provided, That of the amounts made available under this
heading, not less than $15,950,000 shall be for the seaway
infrastructure program.
Maritime Administration
maritime security program
(including rescission)
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46,
United States Code, to serve the national security needs of
the United States, $390,000,000, to remain available until
expended: Provided, That of the unobligated balances
remaining from fiscal year 2021, 2022, 2023, 2024, and 2025
appropriations made available under this heading, $38,400,000
are hereby permanently rescinded.
cable security fleet
(including rescission)
For the cable security fleet program, as authorized under
chapter 532 of title 46, United States Code, $10,000,000, to
remain available until expended: Provided, That of the
unobligated balances remaining from fiscal year 2021 and 2022
appropriations made available under this heading, $12,392,000
are hereby permanently rescinded.
tanker security program
(including rescission)
For Tanker Security Fleet payments, as authorized under
section 53406 of title 46, United States Code, $81,600,000,
to remain available until expended: Provided, That of the
unobligated balances remaining from fiscal year 2022, 2023,
and 2024 appropriations made available under this heading,
$42,808,000 are hereby permanently rescinded.
operations and training
For necessary expenses of operations and training
activities authorized by law, $275,791,000: Provided, That
of the sums appropriated under this heading--
(1) $101,500,000 shall remain available until September 30,
2027, for the operations of the United States Merchant Marine
Academy;
(2) $50,000,000 shall remain available until expended for
facilities maintenance and repair, and equipment, at the
United States Merchant Marine Academy;
(3) $50,000,000 shall remain available until expended for
the capital improvement program at the United States Merchant
Marine Academy;
(4) $2,000,000 shall remain available until September 30,
2027, for the maritime environmental and technical assistance
program authorized under section 50307 of title 46, United
States Code; and
(5) $5,000,000 shall remain available until expended, for
the United States marine highway program to make grants for
the purposes authorized under section 55601 of title 46,
United States Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate
Committees on Appropriations the annual report on sexual
assault and sexual harassment at the United States Merchant
Marine Academy as required pursuant to section 3510 of the
National Defense Authorization Act for fiscal year 2017 (46
U.S.C. 51318): Provided further, That the Administrator of
the Maritime Administration shall transmit to the House and
Senate Committees on Appropriations an annual capital
improvement program plan not later than 30 days after the
submission of the budget request: Provided further, That
available balances under this heading for the short sea
transportation program or America's marine highway program
(now known as the United States marine highway program) from
prior year recoveries shall be available to carry out
activities authorized under section 55601 of title 46, United
States Code.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $138,900,000:
Provided, That of the sums appropriated under this heading--
(1) $7,800,000 shall remain available until expended for
maintenance, repair, and life extension of training ships at
the State Maritime Academies;
(2) $110,000,000 shall remain available until expended for
the national security multi-mission vessel program, of
which--
(A) not less than $55,000,000 shall be for necessary
expenses to design, plan, construct infrastructure, and
purchase equipment necessary to berth such ships, as
determined by the Secretary: Provided, That such funds may
be used to reimburse State Maritime Academies for costs
incurred prior to the date of enactment of this Act; and
(B) up to $55,000,000 shall be for expenses related to the
operation, integration, oversight, and management of national
security multi-mission vessel school ships, including
insurance, maintenance, repair, and equipment costs;
(3) $4,800,000 shall remain available until September 30,
2030, for the student incentive program;
(4) $9,300,000 shall remain available until expended for
training ship fuel assistance; and
(5) $7,000,000 shall remain available until September 30,
2027, for direct payments for State Maritime Academies:
Provided, That each institution eligible for such payments
receives no more than $1,000,000.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, $35,000,000,
to remain available until expended.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $6,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed
loan program, $3,940,000, which shall be transferred to and
merged with the appropriations for ``Maritime
Administration--Operations and Training''.
port infrastructure development program
To make grants to improve port facilities as authorized
under section 54301 of title 46, United States Code, and
section 3501(b) of the National Defense Authorization Act for
fiscal year 2026 (Public Law 119-60), $103,330,000, to remain
available until expended: Provided, That of the sums
appropriated under this heading in this Act--
(1) $38,628,000 shall be for projects for coastal seaports,
inland river ports, or Great Lakes ports: Provided, That for
grants awarded under this paragraph in this Act, the minimum
grant size shall be $1,000,000; and
(2) $64,702,000 shall be for the purposes, and in the
amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That amounts
made available in this paragraph for such purposes shall not
diminish or prejudice any applicant or geographic region for
other discretionary grant or loan awards made by the
Department of Transportation.
administrative provisions--maritime administration
(including rescission)
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration: Provided, That
payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental
payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall
be deposited into the Treasury as miscellaneous receipts.
Sec. 171. Of the unobligated balances from prior year
appropriations available under the heading ``Maritime
Administration--Maritime Guaranteed Loan (Title XI) Program
Account'', $34,000,000 are hereby rescinded.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $28,647,000, of
which $4,500,000 shall remain available until September 30,
2028: Provided, That not less than $2,000,000 of the amounts
made available under this heading shall be for pipeline
safety information grants to communities as authorized under
section 60130 of title 49, United States Code: Provided
further, That the Secretary shall issue a notice of funding
opportunity for such funds not later than 120 days after
enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $66,050,000, of which $8,570,000
[[Page H1250]]
shall remain available until September 30, 2028, of which
$1,000,000 shall be made available for carrying out section
5107(i) of title 49, United States Code: Provided, That up
to $800,000 in fees collected under section 5108(g) of title
49, United States Code, shall be deposited in the general
fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to
be available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training, for
reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials
exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety
program, as authorized by section 60107 of title 49, United
States Code, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990 (Public Law
101-380), $214,807,000, to remain available until September
30, 2028, of which $30,000,000 shall be derived from the Oil
Spill Liability Trust Fund; of which $177,407,000 shall be
derived from the Pipeline Safety Fund; of which $200,000
shall be derived from the fees collected under section 60303
of title 49, United States Code, and deposited in the
Liquefied Natural Gas Siting Account for compliance reviews
of liquefied natural gas facilities; of which $200,000 shall
be derived from the fees collected under section 60117, of
title 49, United States Code, and deposited in the Pipeline
Safety Design Review Account for facility design safety
reviews; and of which $7,000,000 shall be derived from fees
collected under section 60302 of title 49, United States
Code, and deposited in the Underground Natural Gas Storage
Facility Safety Account for the purpose of carrying out
section 60141 of title 49, United States Code: Provided,
That not less than $1,058,000 of the amounts made available
under this heading shall be for the one-call state grant
program: Provided further, That any amounts made available
under this heading in this Act or in prior Acts for research
contracts, grants, cooperative agreements or research other
transactions agreements (OTAs) shall require written
notification to the House and Senate Committees on
Appropriations not less than 3 full business days before such
research contracts, grants, cooperative agreements, or
research OTAs are announced by the Department of
Transportation: Provided further, That the Secretary shall
transmit to the House and Senate Committees on Appropriations
the report on pipeline safety testing enhancement as required
pursuant to section 105 of the Protecting our Infrastructure
of Pipelines and Enhancing Safety Act of 2020 (division R of
Public Law 116-260): Provided further, That the Secretary
may obligate amounts made available under this heading to
engineer, erect, alter, and repair buildings or make any
other public improvements for research facilities at the
Transportation Technology Center after the Secretary submits
an updated research plan and the report in the preceding
proviso to the House and Senate Committees on Appropriations
and after such plan and report in the preceding proviso are
approved by the House and Senate Committees on
Appropriations: Provided further, That of the amounts made
available under this heading, not less than $5,000,000 is for
the National Center of Excellence for Liquefied Natural Gas
Safety authorized under section 111 of the Protecting Our
Infrastructure of Pipelines and Enhancing Safety Act of 2020
(PIPES) Act.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency
Preparedness Grants program, not more than $46,825,000 shall
remain available until September 30, 2028, from amounts made
available by section 5116(h) and subsections (b) and (c) of
section 5128 of title 49, United States Code: Provided, That
notwithstanding section 5116(h)(4) of title 49, United States
Code, not more than 4 percent of the amounts made available
from this account shall be available to pay the
administrative costs of carrying out sections 5116, 5107(e),
and 5108(g)(2) of title 49, United States Code: Provided
further, That notwithstanding subsections (b) and (c) of
section 5128 of title 49, United States Code, and the
limitation on obligations provided under this heading, prior
year recoveries recognized in the current year shall be
available to develop and deliver hazardous materials
emergency response training for emergency responders,
including response activities for the transportation of crude
oil, ethanol, flammable liquids, and other hazardous
commodities by rail, consistent with National Fire Protection
Association standards, and to make such training available
through an electronic format: Provided further, That the
prior year recoveries made available under this heading shall
also be available to carry out sections 5116(a)(1)(C),
5116(h), 5116(i), 5116(j), and 5107(e) of title 49, United
States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $113,000,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in the Inspector General Act, as amended
(5 U.S.C. App.), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department of Transportation: Provided further, That
none of the funds made available by this Act or any other Act
shall be used to impede or prevent the Inspector General (or
Acting Inspector General) of the Department of Transportation
from exercising the independent authority over all personnel
decisions, as authorized under section 406 of title 5, United
States Code.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code.
(b) During the current fiscal year, applicable
appropriations to the Department and its operating
administrations shall be available for the purchase,
maintenance, operation, and deployment of unmanned aircraft
systems that advance the missions of the Department of
Transportation or an operating administration of the
Department of Transportation.
(c) Any unmanned aircraft system purchased, procured, or
contracted for by the Department prior to the date of
enactment of this Act shall be deemed authorized by Congress
as if this provision was in effect when the system was
purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by section 3109 of title 5, United States Code,
but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by
this Act shall disseminate personal information (as defined
in section 2725(3) of title 18, United States Code) obtained
by a State department of motor vehicles in connection with a
motor vehicle record as defined in section 2725(1) of title
18, United States Code, except as provided in section 2721 of
title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee
if a State is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act
shall be available for salaries and expenses of more than 125
political and Presidential appointees in the Department of
Transportation: Provided, That none of the personnel covered
by this provision may be assigned on temporary detail outside
the Department of Transportation.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from
States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except
for State rail safety inspectors participating in training
pursuant to section 20105 of title 49, United States Code.
Sec. 185. None of the funds made available by this Act or
in title VIII of division J of Public Law 117-58 to the
Department of Transportation may be used to make, withdraw,
terminate, or rescind (except at the request of the
recipient) a loan, loan guarantee, line of credit, letter of
intent, federally funded cooperative agreement, full funding
grant agreement, or discretionary grant unless the Secretary
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
project competitively selected to receive any discretionary
grant award, letter of intent, loan commitment, loan
guarantee commitment, line of credit commitment, federally
funded cooperative agreement, or full funding grant agreement
is announced or is notified of such changes by the Department
or its operating administrations: Provided, That the
Secretary of Transportation shall provide the House and
Senate Committees on Appropriations with a comprehensive list
of all such loans, loan guarantees, lines of credit, letters
of intent, federally funded cooperative agreements, full
funding grant agreements, and discretionary grants prior to
the notification required under the preceding proviso:
Provided further, That the Secretary gives concurrent
notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
Sec. 186. Rebates, refunds, incentive payments, minor
fees, and other funds received by the Department of
Transportation from travel management centers, charge card
programs, the subleasing of building space, and miscellaneous
sources are to be credited to appropriations of the
Department of Transportation and allocated to organizational
[[Page H1251]]
units of the Department of Transportation using fair and
equitable criteria and such funds shall be available until
expended.
Sec. 187. Notwithstanding any other provision of law, if
any funds provided by or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of such reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and such reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days after the date on
which the reprogramming action has been approved or denied by
the House and Senate Committees on Appropriations.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable operating administration or
administrations.
Sec. 189. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 190. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 or 23 of the United States Code utilizing
geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal
Highway Administration or Federal Transit Administration
grant from imposing such hiring preference on a contract or
construction project with which the Department of
Transportation is assisting, only if the grant recipient
certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable statewide transportation improvement program or
transportation improvement program.
Sec. 191. The Secretary of Transportation shall coordinate
with the Secretaries of Homeland Security and Commerce to
ensure that best practices for Industrial Control Systems
Procurement are up-to-date and are considered for all systems
procured with funds provided under this title.
Sec. 192. None of the funds made available in this Act may
be used in contravention of the American Security Drone Act
of 2023 (subtitle B of title XVIII of division A of Public
Law 118-31).
Sec. 193. None of the funds appropriated or made available
by this title for the Department of Transportation for fiscal
year 2026 may be used to enforce a mask mandate in response
to the COVID-19 virus.
Sec. 194. The Secretary shall issue a new notice of
funding opportunity for six new university transportation
centers, as authorized under section 5505 of title 49, United
States Code: Provided, That in selecting such university
transportation center awards, the Secretary shall first
prioritize (a) any applicants that had previously been
selected as a university transportation center focusing on
transportation infrastructure durability and composite
materials and were required to re-compete before the end of
the typical 5-year term and who currently participate in the
Department of Transportation's Advanced Research Projects
Agency--Infrastructure program and (b) any applicant that had
their university transportation center designation cancelled
in May 2025 by the Department of Transportation and such
university transportation center designation remains
cancelled on the date of enactment of this Act: Provided
further, That such university transportation center awards
shall be made available using any unobligated amounts
remaining from the university transportation centers program,
which have not been committed to any existing university
transportation center grantees: Provided further, That any
such unobligated amounts shall include funds made available
in section 11101(c)(1)(E) of the Infrastructure Investment
and Jobs Act (Public Law 117-58) and funds made available
under the heading ``Federal Highway Administration--Highway
Infrastructure Programs'' in title VIII of division J of the
Infrastructure Investment and Jobs Act (Public Law 117-58):
Provided further, That amounts repurposed or transferred
pursuant to this section shall continue to be treated as
amounts specified in section 103(b) of division A of Public
Law 118-5.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2026''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith,
$17,500,000, to remain available until September 30, 2027:
Provided, That of the sums appropriated under this heading
not less than $2,500,000 shall be for the Office of the
Deputy Secretary, of which not less than $500,000 shall be
for the Office of Gender-Based Violence Prevention and not
less than $1,500,000 shall be for the Office of Disaster
Management: Provided further, That not to exceed $25,000 of
the amount made available under this heading shall be
available to the Secretary of Housing and Urban Development
(referred to in this title as ``the Secretary'') for official
reception and representation expenses as the Secretary may
determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $595,000,000, to remain available until
September 30, 2027: Provided, That of the sums appropriated
under this heading--
(1) $103,200,000 shall be available for the Office of the
Chief Financial Officer;
(2) $93,000,000 shall be available for the Office of the
General Counsel;
(3) $218,000,000 shall be available for the Office of
Administration;
(4) $53,000,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $29,500,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $40,000,000 shall be available for the Office of Field
Policy and Management;
(7) $3,300,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $55,000,000 shall be available for the Office of the
Chief Information Officer:
Provided further, That funds made available under this
heading may be used for necessary administrative and non-
administrative expenses of the Department, not otherwise
provided for, including purchase of uniforms, or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United
States Code: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
directly support program activities funded in this title:
Provided further, That none of the funds made available by
this or any prior Act may be used in contravention of section
3535(p) of title 42, United States Code.
program offices
For necessary salaries and expenses for Program Offices,
$842,500,000, to remain available until September 30, 2027:
Provided, That of the sums appropriated under this heading--
(1) $233,000,000 shall be available for the Office of
Public and Indian Housing;
(2) $129,000,000 shall be available for the Office of
Community Planning and Development;
(3) $380,000,000 shall be available for the Office of
Housing;
(4) $31,500,000 shall be available for the Office of Policy
Development and Research;
(5) $60,000,000 shall be available for the Office of Fair
Housing and Equal Opportunity; and
(6) $9,000,000 shall be available for the Office of Lead
Hazard Control and Healthy Homes.
information technology fund
For Department-wide and program-specific information
technology systems and infrastructure, $345,000,000, to
remain available until September 30, 2028: Provided, That
not later than 30 days after the end of each quarter, the
Secretary shall brief the House and Senate Committees on
Appropriations on all information technology modernization
efforts as required in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
``Fund''), pursuant, in part, to section 7(f) of the
Department of Housing and Urban Development Act (42 U.S.C.
3535(f)), amounts transferred, including reimbursements
pursuant to section 7(f), to the Fund under this heading
shall be available only for Federal shared services used by
offices and agencies of the Department, and for any such
portion of any office or agency's printing, records
management, space renovation, furniture, or supply services
the Secretary has determined shall be provided through the
Fund, and the operational expenses of the Fund: Provided,
That amounts within the Fund shall not be available to
provide services not specifically authorized under this
heading: Provided further, That upon a determination by the
Secretary that any other service (or portion thereof)
authorized under this heading shall be provided through the
Fund,
[[Page H1252]]
amounts made available in this title for salaries and
expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such
services shall be transferred to the Fund, to remain
available until expended: Provided further, That the
Secretary shall notify the House and Senate Committees on
Appropriations of its plans for executing such transfers at
least 15 days in advance of such transfers.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (in
this heading ``the Act''), not otherwise provided for,
$34,438,557,000, to remain available until expended, which
shall be available on October 1, 2025 (in addition to the
$4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2025), and
$4,000,000,000, to remain available until expended, which
shall be available on October 1, 2026: Provided, That of the
sums appropriated under this heading--
(1) $34,957,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2026 funding cycle shall provide renewal funding for
each public housing agency based on validated voucher
management system (VMS) or successor system leasing and cost
data for the prior calendar year and by applying an inflation
factor as established by the Secretary, by notice published
in the Federal Register, and by making any necessary
adjustments for the costs associated with the first-time
renewal of vouchers under this paragraph including tenant
protection and choice neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph
may be used to fund a total number of unit months under lease
which exceeds a public housing agency's authorized level of
units under contract, except for public housing agencies
participating in the moving to work (MTW) demonstration,
which are instead governed in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any, or as necessary on a temporary basis and
within available resources to facilitate the transition of
residents assisted by emergency housing vouchers (Public Law
117-2; 135 Stat. 58) to tenant-based rental assistance under
the housing assistance payment contract under section 8(o) of
the Act: Provided further, That any leasing or associated
costs authorized for emergency housing vouchers in the
preceding proviso above the public housing agency's
authorized level of units under contract shall not be
included in the calculation of the agency's renewal funding
allocation for any subsequent fiscal year: Provided further,
That the Secretary shall, to the extent necessary to stay
within the amount specified under this paragraph (except as
otherwise modified under this paragraph), prorate each public
housing agency's allocation otherwise established pursuant to
this paragraph: Provided further, That except as provided in
the following provisos, the entire amount specified under
this paragraph (except as otherwise modified under this
paragraph) shall be obligated to the public housing agencies
based on the allocation and pro rata method described above,
and the Secretary shall notify public housing agencies of
their annual budget by the latter of 60 days after enactment
of this Act or March 1, 2026: Provided further, That the
Secretary may extend the notification period only after the
House and Senate Committees on Appropriations are notified at
least 10 business days in advance of the deadline: Provided
further, That public housing agencies participating in the
MTW demonstration shall be funded in accordance with the
requirements of the MTW demonstration program or their MTW
agreements, if any, and shall be subject to the same pro rata
adjustments under the preceding provisos: Provided further,
That the Secretary may perform a statutory offset of public
housing agencies' calendar year 2026 allocations based on the
excess amounts of public housing agencies' net restricted
assets accounts, including HUD-held programmatic reserves (in
accordance with VMS or successor system data in calendar year
2025 that is verifiable and complete), as determined by the
Secretary: Provided further, That public housing agencies
participating in the MTW demonstration shall also be subject
to the statutory offset: Provided further, That for amounts
subject to the single fund budget authority provisions of
their MTW agreements, excess amounts shall be offset only to
the extent permitted by section 239 of the Consolidated
Appropriations Act, 2016 (Public Law 114-113): Provided
further, That for public housing agencies in the MTW
demonstration subject to single fund budget authority
provisions, the Secretary shall provide not less than 60 days
to appeal such offsets and shall not offset amounts that have
been committed to capital improvement, development, and other
repositioning activities that are scheduled to close within
12 months of enactment of this Act, as evidenced in funding
applications, project schedules, or other commitments to
third parties implementing such activities, to the extent
that reserve amounts excluded from offset under such section
239 are insufficient to cover such commitments: Provided
further, That the Secretary shall not offset any portion of a
public housing agency's excess amounts if offsetting such
portion would result in a public housing agency being put in
a shortfall position in calendar year 2026, as estimated by
HUD prior to the offset's implementation, as determined by
the Secretary: Provided further, That the Secretary shall
use any such offset amounts referred to in the preceding five
provisos throughout the calendar year to prevent the
termination of rental assistance for families as the result
of insufficient funding, as determined by the Secretary, and
to avoid or reduce the proration of renewal funding
allocations: Provided further, That the Secretary may waive
or specify alternative requirements for section 5A and
section 8(o) of the Act or any regulation applicable to such
statutes related to the administration of waiting lists,
local preferences, portability, and public housing agency
plan and public hearing requirements to facilitate or
expedite the transition of residents assisted by emergency
housing vouchers (Public Law 117-2; 135 Stat. 58) to tenant-
based rental assistance under the housing assistance payment
contract under section 8(o) of the Act: Provided further,
That up to $400,000,000 shall be available only:
(A) for adjustments in the allocations for public housing
agencies, after application for an adjustment by a public
housing agency that experienced a significant increase, as
determined by the Secretary, in renewal costs of vouchers
resulting from unforeseen circumstances or from portability
under section 8(r) of the Act;
(B) for vouchers that were not in use during the previous
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act, or an adjustment for
a funding obligation not yet expended in the previous
calendar year for a MTW-eligible activity to develop
affordable housing for an agency added to the MTW
demonstration under the expansion authority provided in
section 239 of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2016
(division L of Public Law 114-113);
(C) for adjustments for costs associated with HUD-Veterans
Affairs Supportive Housing (HUD-VASH) vouchers;
(D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding;
(E) for adjustments in the allocations for public housing
agencies that--
(i) are leasing a lower-than-average percentage of their
authorized vouchers,
(ii) have low amounts of budget authority in their net
restricted assets accounts and HUD-held programmatic
reserves, relative to other agencies, and
(iii) are not participating in the MTW demonstration, to
enable such agencies to lease more vouchers;
(F) for withheld payments in accordance with section
8(o)(8)(A)(ii) of the Act for months in the previous calendar
year that were subsequently paid by the public housing agency
after the agency's actual costs were validated;
(G) for public housing agencies that have experienced
increased costs or loss of units in an area for which the
President declared a disaster under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170 et seq.); and
(H) for costs associated with mainstream vouchers:
Provided further, That the Secretary shall allocate amounts
under the preceding proviso based on need, as determined by
the Secretary;
(2) $600,622,000 shall be available for section 8 rental
assistance for relocation and replacement of housing units
that are demolished or disposed of pursuant to section 18 of
the Act, conversion of section 23 projects to assistance
under section 8, relocation of witnesses (including victims
of violent crimes) in connection with efforts to combat crime
in public and assisted housing pursuant to a request from a
law enforcement or prosecution agency, enhanced vouchers
under any provision of law authorizing such assistance under
section 8(t) of the Act, choice neighborhood vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106-569, as amended, or under the
authority as provided under this Act: Provided, That when a
public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary may provide section 8 rental
assistance from amounts made available under this paragraph
for units assisted under a project-based subsidy contract
funded under the ``Project-Based Rental Assistance'' heading
under this title where the owner has received a Notice of
Default and the units pose an imminent health and safety risk
to residents: Provided further, That of the amounts made
available under this paragraph, no less
[[Page H1253]]
than $5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to
pay rents greater than 30 percent of household income, as the
result of: (A) the maturity of a HUD-insured, HUD-held or
section 202 loan that requires the permission of the
Secretary prior to loan prepayment; (B) the expiration of a
rental assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection assistance
under existing law; or (C) the expiration of affordability
restrictions accompanying a mortgage or preservation program
administered by the Secretary: Provided further, That such
tenant protection assistance made available under the
preceding proviso may be provided under the authority of
section 8(t) or section 8(o)(13) of the Act: Provided
further, That any tenant protection voucher made available
from amounts under this paragraph shall not be reissued by
any public housing agency, except the replacement vouchers as
defined by the Secretary by notice, when the initial family
that received any such voucher no longer receives such
voucher, and the authority for any public housing agency to
issue any such voucher shall cease to exist: Provided
further, That the Secretary may only provide replacement
vouchers for units that were occupied within the previous 24
months that cease to be available as assisted housing,
subject only to the availability of funds: Provided further,
That amounts made available under this paragraph may be
available to provide calendar year 2026 assistance to public
housing agencies that would otherwise be required to
terminate emergency housing vouchers (Public Law 117-2; 135
Stat. 58) for families as a result of insufficient funding;
(3) $2,835,935,000 shall be available for administrative
and other expenses of public housing agencies in
administering the section 8 tenant-based rental assistance
program, of which up to $30,000,000 shall be available to the
Secretary to allocate to public housing agencies that need
additional funds to administer their section 8 programs,
including fees associated with section 8 tenant protection
rental assistance, the administration of disaster related
vouchers, HUD-VASH vouchers, and other special purpose
incremental vouchers: Provided, That no less than
$2,805,935,000 of the amount provided in this paragraph shall
be allocated to public housing agencies for the calendar year
2026 funding cycle based on section 8(q) of the Act (and
related appropriations Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276):
Provided further, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined
under the preceding proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full
payment of amounts determined under the preceding proviso,
utilize unobligated balances, including recaptures and
carryover, remaining from funds appropriated under this
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded in accordance with the requirements of the MTW
demonstration program or their MTW agreements, if any, and
shall be subject to the same uniform percentage decrease as
under the preceding proviso: Provided further, That amounts
provided under this paragraph shall be only for activities
related to the provision of tenant-based rental assistance
authorized under section 8, including related development
activities;
(4) $15,000,000 shall be available for incremental rental
voucher assistance for use through a supported housing
program administered in conjunction with the Department of
Veterans Affairs as authorized under section 8(o)(19) of the
United States Housing Act of 1937: Provided, That the
Secretary of Housing and Urban Development shall make such
funding available, notwithstanding section 203 (competition
provision) of this title, to public housing agencies that
partner with eligible VA medical centers or other entities as
designated by the Secretary of the Department of Veterans
Affairs, based on geographical need for such assistance as
identified by the Secretary of the Department of Veterans
Affairs, public housing agency administrative performance,
and other factors as specified by the Secretary of Housing
and Urban Development in consultation with the Secretary of
the Department of Veterans Affairs: Provided further, That
the Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That
assistance made available under this paragraph shall continue
to remain available for homeless veterans upon turn-over:
Provided further, That of the total amount made available
under this paragraph, up to $10,000,000 may be for additional
fees established by and allocated pursuant to a method
determined by the Secretary for administrative and other
expenses (including those eligible activities defined by
notice to facilitate leasing, such as security deposit
assistance and costs related to the retention and support of
participating owners) of public housing agencies in
administering HUD-VASH vouchers;
(5) $30,000,000 shall be available for the family
unification program as authorized under section 8(x) of the
Act: Provided, That the amounts made available under this
paragraph are provided as follows:
(A) $5,000,000 shall be available for new incremental
voucher assistance, which shall continue to remain available
for family unification upon turnover; and
(B) $25,000,000 shall be available for new incremental
voucher assistance to assist eligible youth as defined by
such section 8(x)(2)(B) of the Act, which shall continue to
remain available for such eligible youth upon turnover:
Provided, That such amounts shall be available on a
noncompetitive basis to public housing agencies that partner
with public child welfare agencies to identify such eligible
youth, that request such assistance to timely assist such
eligible youth, and that meet any other criteria as specified
by the Secretary: Provided further, That the Secretary shall
review utilization of such assistance and assistance
originating from appropriations made available for youth
under this heading in any prior Act that the Secretary made
available on a noncompetitive basis, at an interval to be
determined by the Secretary, and unutilized voucher
assistance that is no longer needed based on such review
shall be recaptured by the Secretary and reallocated pursuant
to the preceding proviso:
Provided further, That any public housing agency
administering new incremental voucher assistance originating
from appropriations made available for the family unification
program under this heading in this or any prior Act that the
Secretary made available on a competitive basis that
determines it no longer has an identified need for such
assistance upon turnover shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
specified program or eligible youth, as applicable; and
(6) the Secretary shall separately track all special
purpose vouchers funded under this heading and continue to
provide timely updates on budget, utilization, spending and
leasing trends for all vouchers by purpose on the voucher
data dashboard on the publicly accessible website of the
Department: Provided, That upon turnover, special purpose
vouchers issued pursuant to section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013)
funded under this or any other heading in this or prior Acts,
shall be provided to non-elderly persons with disabilities.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2026 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior fiscal years that have been terminated shall
be rescinded: Provided further, That amounts heretofore
recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years
fiscal year 1975 through fiscal year 1987 are hereby
rescinded, and an amount of additional new budget authority,
equivalent to the amount rescinded is hereby appropriated, to
remain available until expended, for the purposes set forth
under this heading, in addition to amounts otherwise
available.
public housing fund
For 2026 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)) (the ``Act''), and to carry out capital and
management activities for public housing agencies, as
authorized under section 9(d) of the Act (42 U.S.C.
1437g(d)), $8,319,393,000, to remain available until
September 30, 2029: Provided, That of the sums appropriated
under this heading--
(1) $4,687,393,000 shall be available for the Secretary to
allocate pursuant to the operating fund formula at part 990
of title 24, Code of Federal Regulations, for 2026 payments;
(2) $337,000,000 shall be available for the Secretary to
allocate pursuant to a need-based application process,
notwithstanding section 203 of this title, not subject to
such operating fund formula, and without regard to unit
count, to public housing agencies that experience, or are at
risk of, financial shortfalls, as determined by the
Secretary: Provided, That the Secretary shall notify public
housing agencies of their estimated shortfall eligibility no
later than 60 days of the enactment of this Act;
[[Page H1254]]
(3) $3,200,000,000 shall be available for the Secretary to
allocate pursuant to the capital fund formula at section
905.400 of title 24, Code of Federal Regulations: Provided,
That for funds described under this paragraph, the limitation
in section 9(g)(1) of the Act shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
preceding proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the preceding
proviso if the request is approved or denied within 14 days
of submitting the request: Provided further, That from the
funds made available under this paragraph, the Secretary
shall provide bonus awards in fiscal year 2026 to public
housing agencies that are designated high performers:
Provided further, That the Department shall notify public
housing agencies of their formula allocation within 60 days
of enactment of this Act;
(4) $30,000,000 shall be available for the Secretary to
make grants, notwithstanding section 203 of this title, to
public housing agencies for emergency capital needs,
including safety and security measures necessary to address
crime and drug-related activity, as well as needs resulting
from unforeseen or unpreventable emergencies and natural
disasters excluding Presidentially declared emergencies and
natural disasters under the Robert T. Stafford Disaster
Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring
in fiscal year 2026: Provided, That of the amount made
available under this paragraph, not less than $10,000,000
shall be for safety and security measures: Provided further,
That in addition to the amount in the preceding proviso for
such safety and security measures, any amounts that remain
available, after all applications received on or before
September 30, 2027, for emergency capital needs have been
processed, shall be allocated to public housing agencies for
such safety and security measures;
(5) $50,000,000 shall be available for competitive grants
to public housing agencies to evaluate and reduce residential
health hazards in public housing, including lead-based paint
(by carrying out the activities of risk assessments,
abatement, and interim controls, as those terms are defined
in section 1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851b)), carbon monoxide,
mold, radon, and fire safety: Provided, That not less than
$25,000,000 of the amounts provided under this paragraph
shall be awarded for evaluating and reducing lead-based paint
hazards, except that if such amount is undersubscribed any
remaining amounts may be awarded to qualified applicants for
other purposes under this paragraph: Provided further, That
for purposes of environmental review, a grant under this
paragraph shall be considered funds for projects or
activities under title I of the Act for purposes of section
26 of the Act (42 U.S.C. 1437x) and shall be subject to the
regulations implementing such section; and
(6) $15,000,000 shall be available to support the costs of
administrative and judicial receiverships and for competitive
grants to public housing agencies in receivership, designated
troubled or substandard, or otherwise at risk, as determined
by the Secretary, for costs associated with public housing
asset improvement, in addition to other amounts for that
purpose provided under any heading under this title:
Provided further, That notwithstanding any other provision
of law or regulation, during fiscal year 2026, the Secretary
of Housing and Urban Development may not delegate to any
Department official other than the Deputy Secretary and the
Assistant Secretary for Public and Indian Housing any
authority under paragraph (2) of section 9(j) of the Act
regarding the extension of the time periods under such
section: Provided further, That for purposes of such section
9(j), the term ``obligate'' means, with respect to amounts,
that the amounts are subject to a binding agreement that will
result in outlays, immediately or in the future: Provided
further, That the Secretary may authorize a public housing
agency with at least one property with a low physical
inspection score to use operating reserve funds or any
amounts allocated to such agency pursuant to the operating
fund formula from amounts made available in this and prior
Acts for any eligible activities under section 9(d)(1) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(d)(1))
under such conditions or criteria as established by the
Secretary, including that such use would not put such agency
at risk of financial shortfall.
assisted housing inspections and risk assessments
For the Department's inspection and assessment programs,
including travel, training, and program support contracts,
$50,000,000 to remain available until September 30, 2028:
Provided, That unobligated balances, including recaptures and
carryover, remaining from funds appropriated under the
heading ``Public Housing Fund'' in prior Acts to support
ongoing public housing financial and physical assessment
activities shall be available for the purposes authorized
under this heading in addition to the purposes for which such
funds originally were appropriated.
choice neighborhoods initiative
For competitive grants under the choice neighborhoods
initiative (subject to section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v) (the ``Act'') unless
otherwise specified under this heading), for transformation,
rehabilitation, and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable, mixed-income
neighborhoods with appropriate services, schools, public
assets, transportation, and access to jobs, $25,000,000, to
remain available until September 30, 2030: Provided, That
grant funds may be used for resident and community services,
community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided further, That the
use of amounts made available under this heading shall not be
deemed to be for public housing, notwithstanding section
3(b)(1) of the Act: Provided further, That grantees shall
commit to an additional period of affordability determined by
the Secretary of not fewer than 20 years: Provided further,
That grantees shall provide a match in State, local, other
Federal, or private funds: Provided further, That grantees
may include local governments, Tribal entities, public
housing agencies, and nonprofit organizations: Provided
further, That for-profit developers may apply jointly with a
public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public
housing agency under section 26 of the Act (42 U.S.C. 1437x),
and grants made with amounts available under this heading
shall be subject to the regulations issued by the Secretary
to implement such section: Provided further, That of the
amounts made available under this heading, not less than
$12,500,000 shall be awarded to public housing agencies:
Provided further, That such grantees shall create
partnerships with other local organizations, including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That
not more than $10,000,000 of the amounts made available under
this heading may be provided as grants to undertake
comprehensive local planning with input from residents and
the community: Provided further, That none of the funds made
available under this heading may be obligated for main street
housing grants under section 24(n) of the Act (42 U.S.C.
1437v(n)): Provided further, That unobligated balances,
including recaptures, remaining from amounts made available
under the heading ``Revitalization of Severely Distressed
Public Housing (HOPE VI)'' in fiscal year 2011 and prior
fiscal years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Secretary shall
make grant awards not later than 1 year after the date of
enactment of this Act in such amounts that the Secretary
determines: Provided further, That notwithstanding section
24(o) of the Act (42 U.S.C. 1437v(o)), the Secretary may,
until September 30, 2026, obligate any available unobligated
balances made available under this heading in this or any
prior Act.
self-sufficiency programs
For activities and assistance related to self-sufficiency
programs, to remain available until September 30, 2029,
$206,400,000: Provided, That of the sums appropriated under
this heading--
(1) $156,400,000 shall be available for the family self-
sufficiency program to support family self-sufficiency
coordinators under section 23 of the United States Housing
Act of 1937 (42 U.S.C. 1437u), to promote the development of
local strategies to coordinate the use of assistance under
sections 8 and 9 of such Act with public and private
resources, and enable eligible families to achieve economic
independence and self-sufficiency: Provided, That the
Secretary may use recaptured amounts made available under
this paragraph in prior Acts to provide bonus awards to
programs that are assigned a ranking of performance category
1 based on their publicly available family self-sufficiency
achievement metrics (FAM) scores;
(2) $40,000,000 shall be available for the resident
opportunity and self-sufficiency program to provide for
supportive services, service coordinators, and congregate
services as authorized by section 34 of the United States
Housing Act of 1937 (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.): Provided, That amounts made
available under this paragraph may be used to renew resident
opportunity and self-sufficiency program grants to allow the
public housing agency, or a new owner, to continue to serve
(or restart service to) residents of a project with
assistance converted from public housing to project-based
rental assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f) or assistance under
section 8(o)(13) of such Act under the heading ``Rental
Assistance Demonstration'' in the Department of Housing and
Urban Development Appropriations Act, 2012 (Public Law 112-
55), as amended (42 U.S.C. 1437f note); and
(3) $10,000,000 shall be available for a jobs-plus
initiative, modeled after the jobs-plus demonstration:
Provided, That funding provided under this paragraph shall be
available
[[Page H1255]]
for competitive grants to partnerships between public housing
agencies, local workforce investment boards established under
section 107 of the Workforce Innovation and Opportunity Act
of 2014 (29 U.S.C. 3122), and other agencies and
organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the jobs-plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are
necessary for the effective implementation of the jobs-plus
initiative as a voluntary program for residents: Provided
further, That the Secretary shall publish by notice in the
Federal Register any waivers or alternative requirements
pursuant to the preceding proviso no later than 10 days
before the effective date of such notice.
native american programs
For activities and assistance authorized under title I of
the Native American Housing Assistance and Self-Determination
Act of 1996 (in this heading ``NAHASDA'') (25 U.S.C. 4111 et
seq.), title I of the Housing and Community Development Act
of 1974 (42 U.S.C. 5301 et seq.) with respect to Indian
tribes, and for related activities and assistance,
$1,354,000,000, to remain available until September 30, 2030:
Provided, That of the sums appropriated under this heading--
(1) $1,111,000,000 shall be available for the Native
American housing block grants program, as authorized under
title I of NAHASDA: Provided, That, notwithstanding NAHASDA,
to determine the amount of the allocation under title I of
such Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That the
Secretary shall notify grantees of their formula allocation
not later than 60 days after the date of enactment of this
Act;
(2) $125,000,000 shall be available for competitive grants
under the Native American housing block grants program, as
authorized under title I of NAHASDA: Provided, That the
Secretary shall obligate such amount for competitive grants
to eligible recipients authorized under NAHASDA that apply
for funds: Provided further, That in awarding amounts made
available in this paragraph, the Secretary shall consider
need and administrative capacity, and shall give priority to
projects that will spur construction and rehabilitation of
housing: Provided further, That any amounts transferred for
the necessary costs of administering and overseeing the
obligation and expenditure of such additional amounts in
prior Acts may also be used for the necessary costs of
administering and overseeing such additional amount;
(3) $10,000,000 shall be available for noncompetitive
grants to recipients that received a Tribal HUD-Veterans
Affairs Supportive Housing grant in prior years, to be
available under the same terms and conditions as funds
specified under paragraph (5) under the heading ``Public and
Indian Housing-Tenant-Based Rental Assistance'' in Public Law
118-42: Provided, That the Secretary may reallocate, as
determined by the Secretary, amounts returned or recaptured
from awards under the Tribal HUD-VASH program under prior
Acts to existing recipients under the Tribal HUD-VASH
program;
(4) $1,000,000 shall be available for the cost of
guaranteed notes and other obligations, as authorized by
title VI of NAHASDA: Provided, That such costs, including
the cost of modifying such notes and other obligations, shall
be as defined in section 502 of the Congressional Budget Act
of 1974 (2 U.S.C. 661a): Provided further, That amounts made
available in this and prior Acts for the cost of such
guaranteed notes and other obligations that are unobligated,
including recaptures and carryover, may be available to
subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $60,000,000, to remain available until September 30,
2027;
(5) $100,000,000 shall be available for grants to Indian
tribes for carrying out the Indian community development
block grant program under title I of the Housing and
Community Development Act of 1974, notwithstanding section
106(a)(1) of such Act, of which, notwithstanding any other
provision of law (including section 203 of this Act), not
more than $10,000,000 may be used for emergencies that
constitute imminent threats to health and safety: Provided,
That not to exceed 20 percent of any grant made with amounts
made available in this paragraph shall be expended for
planning and management development and administration; and
(6) $7,000,000, in addition to amounts otherwise available
for such purpose, shall be available for providing training
and technical assistance to Indian tribes, Indian housing
authorities, and tribally designated housing entities, to
support the inspection of Indian housing units, for contract
expertise, and for training and technical assistance related
to amounts made available under this heading and other
headings in this Act for the needs of Native American
families and Indian country: Provided, That of the amounts
made available in this paragraph, not less than $2,000,000
shall be for a national organization as authorized under
section 703 of NAHASDA (25 U.S.C. 4212): Provided further,
That amounts made available in this paragraph may be used,
contracted, or competed as determined by the Secretary:
Provided further, That notwithstanding chapter 63 of title
31, United States Code (commonly known as the Federal Grant
and Cooperative Agreements Act of 1977), the amounts made
available in this paragraph may be used by the Secretary to
enter into cooperative agreements with public and private
organizations, agencies, institutions, and other technical
assistance providers to support the administration of
negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.
4116), the administration of the allocation formula under
section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $1,000,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974 (2 U.S.C. 661a):
Provided further, That an additional $400,000, to remain
available until expended, shall be available for
administrative contract expenses including management
processes to carry out the loan guarantee program: Provided
further, That amounts made available in this and prior Acts
for the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), that are unobligated, including recaptures
and carryover, may be available to subsidize total loan
principal, any part of which is to be guaranteed, not to
exceed $1,800,000,000, to remain available until September
30, 2027.
native hawaiian housing block grant
For the Native Hawaiian housing block grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221
et seq.), $22,300,000, to remain available until September
30, 2030: Provided, That notwithstanding section 812(b) of
such Act, the Department of Hawaiian Home Lands may not
invest grant amounts made available under this heading in
investment securities and other obligations: Provided
further, That amounts made available under this heading in
this and prior fiscal years may be used to provide rental
assistance to eligible Native Hawaiian families both on and
off the Hawaiian Home Lands, notwithstanding any other
provision of law: Provided further, That up to $1,000,000 of
the amounts made available under this heading may be for
training and technical assistance related to amounts made
available under this heading and other headings in this Act
for the needs of Native Hawaiians and the Department of
Hawaiian Home Lands.
native hawaiian housing loan guarantee fund program account
New commitments to guarantee loans, as authorized by
section 184A of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13b), any part of which is to be
guaranteed, shall not exceed $28,000,000 in total loan
principal, to remain available until September 30, 2027:
Provided, That the Secretary may enter into commitments to
guarantee loans used for refinancing.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the housing opportunities for persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $529,000,000, to remain
available until September 30, 2029: Provided, That the
Secretary shall renew or replace all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(5) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the
process for submitting amendments and approving replacement
contracts shall be established by the Secretary in a notice:
Provided further, That the Department shall notify grantees
of their formula allocation within 60 days of enactment of
this Act.
community development fund
For assistance to States and units of general local
government, and other entities, for economic and community
development activities, and other purposes, $6,995,244,120,
to remain available until September 30, 2029: Provided, That
of the sums appropriated under this heading--
(1) $3,300,000,000 shall be available for carrying out the
community development block grant program under title I of
the Housing and Community Development Act of 1974, as amended
(42 U.S.C. 5301 et seq.) (in this heading ``the Act''):
Provided, That not to exceed 20 percent of any grant made
with funds made available under this paragraph shall be
[[Page H1256]]
expended for planning and management development and
administration: Provided further, That a metropolitan city,
urban county, unit of general local government, or insular
area that directly or indirectly receives funds under this
paragraph may not sell, trade, or otherwise transfer all or
any portion of such funds to another such entity in exchange
for any other funds, credits, or non-Federal considerations,
but shall use such funds for activities eligible under title
I of the Act: Provided further, That notwithstanding section
105(e)(1) of the Act, no funds made available under this
paragraph may be provided to a for-profit entity for an
economic development project under section 105(a)(17) unless
such project has been evaluated and selected in accordance
with guidelines required under subsection (e)(2) of section
105;
(2) $50,000,000 shall be available for the Secretary to
award grants on a competitive basis to State and local
governments, metropolitan planning organizations, and
multijurisdictional entities for additional activities under
title I of the Act for the identification and removal of
barriers to affordable housing production and preservation,
including new housing construction: Provided, That eligible
uses of such grants include activities to further develop,
evaluate, and implement housing policy plans, improve housing
strategies, and facilitate affordable housing production and
preservation: Provided further, That the Secretary shall
select applicants that (A) have enacted or implemented (or
caused another entity to enact or implement) less restrictive
zoning, land use, or permitting laws and regulations, that
are reasonably expected to preserve or produce new housing
units; and (B) can demonstrate an acute need for housing
affordable to households with incomes below 100 percent of
the area median income: Provided further, That grantees
shall report to the Secretary on their activities and housing
supply outcomes: Provided further, That the Secretary shall
analyze observable housing production, preservation, and cost
trends in the participating jurisdictions or geographic
areas: Provided further, That the Secretary shall annually
report to the House and Senate Committees on Appropriations,
and make publicly available, a summary of the information
collected in the preceding two provisos: Provided further,
That funds allocated for such grants shall not adversely
affect the amount of any formula assistance received by a
jurisdiction under paragraph (1) of this heading: Provided
further, That in administering such amounts the Secretary may
waive or specify alternative requirements for any provision
of title I of the Act except for requirements related to fair
housing, nondiscrimination, labor standards, the environment,
and requirements that activities benefit persons of low- and
moderate-income, upon a finding that any such waivers or
alternative requirements are necessary to expedite or
facilitate the use of such amounts: Provided further, That
the Secretary shall issue a notice of funding opportunity not
later than 120 days after the date of enactment of this Act;
(3) $30,000,000 shall be available for activities
authorized under section 8071 of the SUPPORT for Patients and
Communities Act (Public Law 115-271): Provided, That funds
allocated pursuant to this paragraph shall not adversely
affect the amount of any formula assistance received by a
State under paragraph (1) of this heading: Provided further,
That the Secretary shall allocate the funds for such
activities based on the notice establishing the funding
formula published in 84 FR 16027 (April 17, 2019) except that
the formula shall use age-adjusted rates of drug overdose
deaths for 2023 based on data from the Centers for Disease
Control and Prevention; and
(4) $3,615,244,120 shall be available for grants for the
economic development initiative (EDI) for the purposes, and
in amounts, specified for Community Project Funding/
Congressionally Directed Spending in the table entitled
``Community Project Funding/Congressionally Directed
Spending'' included for this division in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That amounts
made available under this paragraph for such purposes shall
not diminish or prejudice any application or geographic
region for other discretionary grant or loan awards made by
the Department of Housing and Urban Development: Provided
further, That eligible expenses of such grants in this and
prior Acts may include administrative, planning, operations
and maintenance, and other costs: Provided further, That
such grants for the EDI shall be available for reimbursement
of otherwise eligible expenses incurred on or after the date
of enactment of this Act and prior to the date of grant
execution: Provided further, That none of the amounts made
available under this paragraph for grants for the EDI shall
be used for reimbursement of expenses incurred prior to the
date of enactment of this Act:
Provided further, That for amounts made available under
paragraphs (1) and (3), the Secretary shall notify grantees
of their formula allocation within 60 days of enactment of
this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a), during fiscal year 2026, commitments to
guarantee loans under section 108 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5308), any part
of which is guaranteed, shall not exceed a total principal
amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in
subsection (k) of such section 108: Provided, That the
Secretary shall collect fees from borrowers, notwithstanding
subsection (m) of such section 108, to result in a credit
subsidy cost of zero for guaranteeing such loans, and any
such fees shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided
further, That such commitment authority funded by fees may be
used to guarantee, or make commitments to guarantee, notes or
other obligations issued by any State on behalf of non-
entitlement communities in the State in accordance with the
requirements of such section 108: Provided further, That any
State receiving such a guarantee or commitment under the
preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in non-
entitlement areas that received the commitment.
home investment partnerships program
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended (42 U.S.C. 12721 et seq.),
$1,250,000,000, to remain available until September 30, 2029:
Provided, That the threshold reduction requirements in
sections 216(10) and 217(b)(4) of such Act (42 U.S.C.
12746(10), 12747(b)(4)) shall not apply to the amounts made
available under this heading: Provided further, That
notwithstanding section 231(b) of such Act (42 U.S.C.
12771(b)), all unobligated balances remaining from amounts
recaptured pursuant to such section that remain available
until expended shall be combined with amounts made available
under this heading and allocated in accordance with the
formula under section 217(b)(1)(A) of such Act (42 U.S.C.
12747(b)(1)(A)): Provided further, That the Department shall
notify grantees of their formula allocations within 60 days
after enactment of this Act: Provided further, That section
218(g) of such Act (42 U.S.C. 12748(g)) shall not apply with
respect to the right of a jurisdiction to draw funds from its
HOME Investment Trust Fund that otherwise expired or would
expire in any calendar year from 2020 through 2028 under that
section: Provided further, That section 231(b) of such Act
(42 U.S.C. 12771(b)) shall not apply to any uninvested funds
that otherwise were deducted or would be deducted from the
line of credit in the participating jurisdiction's HOME
Investment Trust Fund in any calendar year from 2020 through
2028 under that section.
self-help and assisted homeownership opportunity program
For the self-help and assisted homeownership opportunity
program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996 (42 U.S.C. 12805
note), and for related activities and assistance,
$65,000,000, to remain available until September 30, 2028:
Provided, That of the sums appropriated under this heading--
(1) $12,000,000 shall be available for the self-help
homeownership opportunity program as authorized under such
section 11;
(2) $46,000,000 shall be available for the second, third,
and fourth capacity building entities specified in section
4(a) of the HUD Demonstration Act of 1993 (III Stat 201; 42
U.S.C. 9816 note), of which not less than $5,000,000 shall be
for rural capacity building activities; and
(3) $7,000,000 shall be available for capacity building by
national rural housing organizations having experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to
local nonprofit organizations, local governments, and Indian
tribes serving high need rural communities.
homeless assistance grants
For assistance under title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360 et seq.), and for
related activities and assistance, $4,417,000,000, to remain
available until September 30, 2028: Provided, That of the
sums appropriated under this heading--
(1) $290,000,000 shall be available for the emergency
solutions grants program authorized under subtitle B of such
title IV (42 U.S.C. 11371 et seq.): Provided, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the emergency solutions grant program
not later than 60 days after enactment of this Act;
(2) $4,010,000,000 shall be available for the continuum of
care program authorized under subtitle C of such title IV (42
U.S.C. 11381 et seq.) and the rural housing stability
assistance programs authorized under subtitle D of such title
IV (42 U.S.C. 11408): Provided, That the Secretary shall
prioritize funding under the continuum of care program to
continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That the Secretary
shall make reasonable adjustments to renewal amounts to
enable renewal projects to operate at substantially the same
levels, including cost-of-living adjustments for supportive
services from the prior grant: Provided further, That in
allocating and awarding amounts made available under this
paragraph, the Secretary shall select projects totaling not
less than 60 percent of the annual
[[Page H1257]]
renewal demand for each collaborative applicant based on
rankings determined by the local continuum of care and
consistent with 42 U.S.C. 11381 et seq.: Provided further,
That the Secretary may establish by notice an alternative
maximum amount for administrative costs related to the
requirements described in sections 402(f)(1) and 402(f)(2) of
subtitle A of such title IV of no more than 5 percent or
$50,000, whichever is greater, notwithstanding the 3 percent
limitation in section 423(a)(10) of such subtitle C:
Provided further, That of the amounts made available for the
continuum of care program under this paragraph, $52,000,000
shall be for grants for new rapid re-housing projects and
supportive service projects providing coordinated entry, and
for eligible activities that the Secretary determines to be
critical in order to assist survivors of domestic violence,
dating violence, sexual assault, or stalking, except that the
Secretary may make additional grants for such projects and
purposes from amounts made available for such continuum of
care program: Provided further, That amounts made available
for the continuum of care program under this paragraph and
any remaining unobligated balances under this heading in
prior Acts may be used to competitively or non-competitively
renew or replace grants for youth homelessness demonstration
projects under the continuum of care program, notwithstanding
any conflict with the requirements of the continuum of care
program: Provided further, That any continuum of care, in
consultation with their youth action board, that determines
it no longer has an identified need for funds to renew a
youth homelessness demonstration project shall notify the
Secretary, and the Secretary shall recapture such assistance
from the continuum of care and competitively award it to any
other continuum of care with the amounts provided under this
heading under paragraph (4): Provided further, That the
Secretary shall issue the notice of funding opportunity for
the amounts made available in this paragraph not later than
June 1, 2026 and shall award such amounts not later than
December 1, 2026;
(3) $10,000,000 shall be available for the national
homeless data analysis project: Provided, That
notwithstanding the provisions of the Federal Grant and
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the
amounts made available under this paragraph and any remaining
unobligated balances under this heading for such purposes in
prior Acts may be used by the Secretary to enter into
cooperative agreements with such entities as may be
determined by the Secretary, including public and private
organizations, agencies, and institutions; and
(4) $107,000,000 shall be available to implement projects
to demonstrate how a comprehensive approach to serving
homeless youth, age 24 and under, in up to 25 communities
with a priority for communities with substantial rural
populations in up to eight locations, can dramatically reduce
youth homelessness: Provided, That of the amount made
available under this paragraph, up to $25,000,000 may be for
youth homelessness system improvement grants to support
communities, including but not limited to the communities
assisted under the matter preceding this proviso, in
establishing and implementing an evidence-based response
system for youth homelessness, or for improving their
existing system, including through the establishment of local
youth advisory boards, collaboration with youth with lived
experience of homelessness in project design and
implementation, improving data collection, management,
utilization and evaluation, cross-system partnerships with
juvenile justice, child welfare, and education systems:
Provided further, That of the amount made available under
this paragraph, up to $10,000,000 shall be to provide
technical assistance to communities, including but not
limited to the communities assisted in the preceding proviso
and the matter preceding such proviso, on improving system
responses to youth homelessness, and collection, analysis,
use, and reporting of data and performance measures under the
comprehensive approaches to serve homeless youth, in addition
to and in coordination with other technical assistance funds
provided under this title: Provided further, That the
Secretary may use up to 10 percent of the amount made
available under the preceding proviso to build the capacity
of current technical assistance providers or to train new
technical assistance providers with verifiable prior
experience with systems and programs for youth experiencing
homelessness:
Provided further, That youth aged 24 and under seeking
assistance under this heading shall not be required to
provide third party documentation to establish their
eligibility under subsection (a) or (b) of section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) to
receive services: Provided further, That unaccompanied youth
aged 24 and under or families headed by youth aged 24 and
under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided
further, That recipients of funds provided under this heading
in this Act or any prior Act may establish preferences for
elderly individuals or families (except for programs provided
to serve homeless youth), or disabled individuals or families
as defined by section 401(10) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360(10)), when implementing the
programs: Provided further, That persons eligible under
section 103(a)(5) of the McKinney-Vento Homeless Assistance
Act may be served by any project funded under this heading to
provide both transitional housing and rapid re-housing:
Provided further, That for all matching funds requirements
applicable to funds made available under this heading for
this fiscal year and prior fiscal years, a grantee may use
(or could have used) as a source of match funds other funds
administered by the Secretary and other Federal agencies
unless there is (or was) a specific statutory prohibition on
any such use of any such funds: Provided further, That none
of the funds made available under this heading shall be
available to provide funding for new projects, except for
projects created through reallocation, unless the Secretary
determines that the continuum of care has demonstrated that
projects are evaluated and ranked based on the degree to
which they improve the continuum of care's system
performance: Provided further, That any unobligated amounts
remaining from funds made available under this heading in
fiscal year 2012 and prior years for project-based rental
assistance for rehabilitation projects with 10-year grant
terms may be used for purposes under this heading,
notwithstanding the purposes for which such funds were
appropriated: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading in fiscal
year 2019 or prior years, except for rental assistance
amounts that were recaptured and made available until
expended, shall be available for the current purposes
authorized under this heading in addition to the purposes for
which such funds originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $18,143,000,000, to remain available until
expended, shall be available on October 1, 2025 (in addition
to the $400,000,000 previously appropriated under this
heading that became available October 1, 2025), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2026: Provided, That the amounts
made available under this heading shall be available for
expiring or terminating section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section
441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this heading: Provided further, That
of the total amounts provided under this heading, not to
exceed $509,000,000 shall be available for performance-based
contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the
preceding proviso for performance-based contract
administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing
Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant
to section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2));
project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667);
and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated:
Provided further, That, notwithstanding any other provision
of law, upon the request of the Secretary, project funds that
are held in residual receipts accounts for any project
subject to a section 8 project-based housing assistance
payments contract that authorizes the Department or a housing
finance agency to require that surplus project funds be
deposited in an interest-bearing residual receipts account
and that are in excess of an amount to be determined by the
Secretary, shall be remitted to the Department and deposited
in this account, to be available until expended: Provided
further, That amounts deposited pursuant to the preceding
proviso shall be available in addition to the amount
otherwise provided by this heading for uses authorized under
this heading.
housing for the elderly
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section
[[Page H1258]]
202 of the Housing Act of 1959 (12 U.S.C. 1701q), for project
rental assistance for the elderly under section 202(c)(2) of
such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such
assistance for up to a 5-year term, for senior preservation
rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership
and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note),
for supportive services associated with the housing, and for
administrative and other expenses associated with assistance
under this heading, $1,031,000,000 to remain available until
September 30, 2029: Provided, That of the amount made
available under this heading, up to $122,000,000 shall be for
service coordinators and the continuation of existing
congregate service grants for residents of assisted housing
projects: Provided further, That any funding for existing
service coordinators under the preceding proviso shall be
provided within 120 days of enactment of this Act: Provided
further, That the Secretary may enter into 2-year agreements
as appropriate with such funding that are subject to the
availability of annual appropriations: Provided further,
That the Secretary may waive the provisions of section 202
governing the terms and conditions of project rental
assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration: Provided
further, That upon request of the Secretary, project funds
that are held in residual receipts accounts for any project
subject to a section 202 project rental assistance contract,
and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be
remitted to the Department and deposited in this account, to
remain available until September 30, 2029: Provided further,
That amounts deposited in this account pursuant to the
preceding proviso shall be available, in addition to the
amounts otherwise provided by this heading, for the purposes
authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under
this heading shall be available for the current purposes
authorized under this heading in addition to the purposes for
which such funds originally were appropriated: Provided
further, That of the total amount made available under this
heading, up to $4,000,000 shall be used by the Secretary to
support preservation transactions of housing for the elderly
originally developed with a capital advance and assisted by a
project rental assistance contract under the provisions of
section 202(c) of the Housing Act of 1959.
housing for persons with disabilities
For capital advances, including amendments to capital
advance contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013),
for project rental assistance for supportive housing for
persons with disabilities under section 811(d)(2) of such
Act, for project assistance contracts pursuant to subsection
(h) of section 202 of the Housing Act of 1959, as added by
section 205(a) of the Housing and Community Development
Amendments of 1978 (Public Law 95-557; 92 Stat. 2090),
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
5-year term, for project rental assistance to State housing
finance agencies and other appropriate entities as authorized
under section 811(b)(3) of the Cranston-Gonzalez National
Affordable Housing Act, for supportive services associated
with the housing for persons with disabilities as authorized
by section 811(b)(1) of such Act, and for administrative and
other expenses associated with assistance funded under this
heading, $287,000,000, to remain available until September
30, 2029: Provided, That, upon the request of the Secretary,
project funds that are held in residual receipts accounts for
any project subject to a section 811 project rental
assistance contract, and that upon termination of such
contract are in excess of an amount to be determined by the
Secretary, shall be remitted to the Department and deposited
in this account, to remain available until September 30,
2029: Provided further, That amounts deposited in this
account pursuant to the preceding proviso shall be available
in addition to the amounts otherwise provided by this heading
for the purposes authorized under this heading: Provided
further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or
appropriated under this heading shall be used for the current
purposes authorized under this heading in addition to the
purposes for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $57,500,000, to
remain available until September 30, 2027, including up to
$4,500,000 for administrative contract services: Provided,
That funds shall be used for providing counseling and advice
to tenants and homeowners, both current and prospective, with
respect to property maintenance, financial management or
literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting
their financial needs, and fulfilling the responsibilities of
tenancy or homeownership; for program administration; and for
housing counselor training: Provided further, That for
purposes of awarding grants from amounts provided under this
heading, the Secretary may enter into multiyear agreements,
as appropriate, subject to the availability of annual
appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $14,000,000, to remain
available until expended, of which $14,000,000 shall be
derived from the Manufactured Housing Fees Trust Fund
(established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount
appropriated under this heading shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such
collections are received during fiscal year 2026 so as to
result in a final fiscal year 2026 appropriation from the
general fund estimated at zero, and fees pursuant to such
section 620 shall be modified as necessary to ensure such a
final fiscal year 2026 appropriation: Provided further, That
for the dispute resolution and installation programs, the
Secretary may assess and collect fees from any program
participant: Provided further, That such collections shall
be deposited into the Trust Fund, and the Secretary, as
provided herein, may use such collections, as well as fees
collected under section 620 of such Act, for necessary
expenses of such Act: Provided further, That,
notwithstanding the requirements of section 620 of such Act,
the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2027: Provided, That during fiscal year 2026, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$1,000,000: Provided further, That the foregoing amount in
the preceding proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $160,000,000, to remain
available until September 30, 2027: Provided further, That
to the extent guaranteed loan commitments exceed
$200,000,000,000 on or before April 1, 2026, an additional
$1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by
this proviso exceed $30,000,000: Provided further, That
notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-
20(g)), during fiscal year 2026 the Secretary may insure and
enter into new commitments to insure mortgages under section
255 of the National Housing Act only to the extent that the
net credit subsidy cost for such insurance does not exceed
zero.
general and special risk program account
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $35,000,000,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2027: Provided, That
during fiscal year 2026, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $1,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of
single family real properties owned by the Secretary and
formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$550,000,000,000, to remain available until September 30,
2027: Provided, That $56,000,000, to remain available until
September 30, 2027, shall be for necessary salaries and
expenses of the Government National Mortgage Association:
Provided further, That to the extent that guaranteed loan
commitments exceed $155,000,000,000 on or before April 1,
2026, an additional $100 for necessary salaries and expenses
shall be available until expended for each $1,000,000 in
additional guaranteed loan commitments (including a pro rata
amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000:
Provided further, That receipts from Commitment and
Multiclass
[[Page H1259]]
fees collected pursuant to title III of the National Housing
Act (12 U.S.C. 1716 et seq.) shall be credited as offsetting
collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for
technical assistance, $122,500,000, to remain available until
September 30, 2027: Provided, That of the amounts made
available under this heading, $40,000,000 shall be for
technical assistance, of which $5,000,000 shall be for the
distressed cities technical assistance program: Provided
further, That with respect to amounts made available under
this heading, notwithstanding section 203 of this title, the
Secretary may enter into cooperative agreements with
philanthropic entities, other Federal agencies, State or
local governments and their agencies, Indian tribes, tribally
designated housing entities, or colleges or universities for
research projects: Provided further, That with respect to
the preceding proviso, such partners to the cooperative
agreements shall contribute at least a 50 percent match
toward the cost of the project: Provided further, That for
non-competitive agreements entered into in accordance with
the preceding two provisos, the Secretary shall comply with
section 2(b) of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. note)
in lieu of compliance with section 102(a)(4)(C) of the
Department of Housing and Urban Development Reform Act of
1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation
of award decisions: Provided further, That of the total
amounts provided under this heading, $7,500,000 shall be for
competitive grants to nonprofit or governmental entities to
provide legal assistance (including assistance related to
pretrial activities, trial activities, post-trial activities
and alternative dispute resolution) at no cost to eligible
low-income tenants at risk of or subject to eviction:
Provided further, That in awarding grants under the preceding
proviso, the Secretary shall give preference to applicants
that include a marketing strategy for residents of areas with
high rates of eviction, have experience providing no-cost
legal assistance to low-income individuals, and have
sufficient capacity to administer such assistance: Provided
further, That the Secretary shall ensure, to the extent
practicable, that the proportion of eligible tenants living
in rural areas who will receive legal assistance with grant
funds made available under this heading is not less than the
overall proportion of eligible tenants who live in rural
areas: Provided further, That the Department shall maintain
on its publicly accessible website all completed research
funded under this heading by this or any prior Act: Provided
further, That the Department shall release and publish such
research without regard to the findings within 6 months of
submission of the final report.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968 (42 U.S.C. 3601 et seq.), section 561 of the
Housing and Community Development Act of 1987 (42 U.S.C.
3616a), and this heading, $86,355,000, to remain available
until September 30, 2027: Provided, That of the sums
appropriated under this heading--
(1) $26,355,000 shall be for the fair housing assistance
program under such title VIII;
(2) $56,000,000 shall be for the fair housing initiatives
program under such section 561, of which, not less than
$10,400,000 shall be available for education and outreach
programs, not less than $3,700,000 shall be available for
fair housing organization initiatives, and not less than
$40,500,000 shall be available for the private enforcement
initiative, except that if any program or initiative is
undersubscribed any remaining amounts may be awarded to
qualified applicants of other programs or initiatives under
this paragraph: Provided, That the Secretary shall issue
each notice of funding opportunity for the fair housing
initiatives program not later than 150 days after the date of
enactment of this Act;
(3) $1,000,000 may be for the Secretary for the creation
and promotion of translated materials and other programs that
support the assistance of persons with limited English
proficiency in utilizing the services provided by the
Department of Housing and Urban Development; and
(4) $3,000,000 shall be for the national fair housing
training academy: Provided, That notwithstanding section
3302 of title 31, United States Code, the Secretary may also
assess and collect fees to cover the costs of such academy,
and may use such funds to develop online courses and provide
such training:
Provided further, That none of the funds made available
under this heading may be used to lobby the executive or
legislative branches of the Federal Government in connection
with a specific contract, grant, or loan.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the lead hazard reduction program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4852), the healthy homes
initiative, pursuant to sections 501 and 502 of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z-1 and
1701z-2), and for related activities and assistance,
$295,600,000, to remain available until September 30, 2028:
Provided, That the amounts made available under this heading
are provided as follows:
(1) $155,600,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $105,000,000
shall be provided to areas with the highest lead-based paint
abatement need;
(2) $140,000,000 shall be for the healthy homes initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research,
studies, testing, and demonstration efforts, including
education and outreach concerning lead-based paint poisoning
and other housing-related diseases and hazards, and
mitigating housing-related health and safety hazards in
housing of low-income families: Provided, That up to
$10,000,000 of amounts made available under this paragraph
shall be for a one-time national pilot program to facilitate
new financing mechanisms to address lead and other
residential environmental stressors in low-income
communities: Provided further, That the Secretary shall
issue the notice of funding of opportunity for the pilot
program established in the preceding proviso within 120 days
of enactment of this Act: Provided further, That $30,000,000
of amounts made available under this paragraph shall be for
grants to experienced non-profit organizations, States, local
governments, or public housing agencies for safety and
functional home modification repairs and renovations to meet
the needs of low-income seniors to enable them to remain in
their primary residence, of which no less than $10,000,000
shall be available to meet such needs in communities with
substantial rural populations: Provided further, That for
funds made available for such grants in the preceding proviso
or under this heading or the heading ``Housing for the
Elderly'' in prior Acts, all eligible activities, except
those that would alter the existing footprint of a structure
or improvement in a floodplain or a wetland, are exempt from
environmental review and not subject to the Federal laws and
authorities cited in section 58.5 of title 24, Code of
Federal Regulations; and
(3) up to $2,000,000 in total of the amounts made available
under paragraph (2) may be transferred to the heading
``Research and Technology'' for the purposes of conducting
research and studies and for use in accordance with the
provisos under that heading for non-competitive agreements:
Provided further, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of law
that further the purposes of such Act, a grant under the
healthy homes initiative, or the lead technical studies
program, or other demonstrations or programs under this
heading or under prior appropriations Acts for such purposes
under this heading, or under the heading ``Housing for the
Elderly'' under prior Appropriations Acts, shall be
considered to be funds for a special project for purposes of
section 305(c) of the Multifamily Housing Property
Disposition Reform Act of 1994: Provided further, That each
applicant for a grant or cooperative agreement under this
heading shall certify adequate capacity that is acceptable to
the Secretary to carry out the proposed use of funds pursuant
to a notice of funding opportunity: Provided further, That
amounts made available under the fifth paragraph under this
heading by the Full-Year Continuing Appropriations and
Extensions Act, 2025 (Public Law 119-4) shall be transferred
to and merged with the amounts provided under the fifth
paragraph under the heading ``Public Housing Fund'' in this
Act and prioritized for qualified projects where the primary
purpose is radon testing and mitigation, except any transfer
pursuant to this provision shall retain its original
availability: Provided further, That amounts made available
under this heading, in this or prior appropriations Acts,
still remaining available, may be used for any purpose under
this heading notwithstanding the purpose for which such
amounts were appropriated if a program competition is
undersubscribed and there are other program competitions
under this heading that are oversubscribed.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $144,500,000: Provided, That the
Inspector General shall have independent authority over all
personnel and acquisition issues within this office.
General Provisions--Department of Housing and Urban Development
(including rescissions)
(including transfer of funds)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
[[Page H1260]]
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the funds made available by this Act may
be used to investigate or prosecute under the Fair Housing
Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a
nonfrivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government
official or entity, or a court of competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2026
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 207. None of the funds made available by this title
may be used for an audit of the Government National Mortgage
Association that makes applicable requirements under the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 208. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for
fiscal years 2026 and 2027, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more
multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided to the transferring
project shall remain the same in the receiving project or
projects. The Secretary, upon determination of good cause,
including a determination that there will be no loss of
assistance to currently assisted households, may authorize a
different number of such units or a change in such
configuration, or both, at the receiving project or projects
in the event there is a transfer of use restrictions without
an associated transfer of project-based assistance to the
receiving project. The Secretary shall publish a notice in
the Federal Register for public comment containing the
criteria for determinations of good cause no less than 60
days before the effective date of such notice.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable, or be reasonably expected to become economically
nonviable when complying with State or Federal requirements
for community integration and reduced concentration of
individuals with disabilities.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q), as such section
existed before the enactment of the Cranston-Gonzales
National Affordable Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act (42 U.S.C.
8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act (12 U.S.C. 1715z-1);
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
[[Page H1261]]
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an
evaluation of the transfer authority under this section,
including the effect of such transfers on the operational
efficiency, contract rents, physical and financial
conditions, and long-term preservation of the affected
properties.
Sec. 209. No assistance shall be provided under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f) to
any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
Sec. 210. The funds made available for Native Alaskans
under paragraph (1) under the heading ``Native American
Programs'' in title II of this Act shall be allocated to the
same Native Alaskan housing block grant recipients that
received funds in fiscal year 2005, and only such recipients
shall be eligible to apply for funds made available under
paragraph (2) of such heading.
Sec. 211. Notwithstanding any other provision of law, in
fiscal year 2026, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or any other
Federal programs, the Secretary shall maintain any rental
assistance payments under section 8 of the United States
Housing Act of 1937 and other programs that are attached to
any dwelling units in the property. To the extent the
Secretary determines, in consultation with the tenants and
the local government that such a multifamily property owned
or having a mortgage held by the Secretary is not feasible
for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available
Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (in this section
``MAHRAA'') (42 U.S.C. 1437f note), and (2) environmental
conditions that cannot be remedied in a cost-effective
fashion, the Secretary may, in consultation with the tenants
of that property, contract for project-based rental
assistance payments with an owner or owners of other existing
housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement
remedies to assist relocation of tenants for imminent major
threats to health and safety after written notice to and
informed consent of the affected tenants and use of other
available remedies, such as partial abatements or
receivership. After disposition of any multifamily property
described in this section, the contract and allowable rent
levels on such properties shall be subject to the
requirements under section 524 of MAHRAA.
Sec. 212. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary in
connection with the operating fund rule: Provided, That an
agency seeking a discontinuance of a reduction of subsidy
under the operating fund formula shall not be exempt from
asset management requirements.
Sec. 213. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement, and management of public housing as authorized
by sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d), (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to paragraph
(1) or (2) of section 9(g) of the United States Housing Act
of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a
public housing agency may not use capital funds authorized
under section 9(d) for activities that are eligible under
section 9(e) for assistance with amounts from the operating
fund in excess of the amounts permitted under paragraph (1)
or (2) of section 9(g).
Sec. 214. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the
accounts ``Executive Offices'', ``Administrative Support
Offices'', ``Program Offices'', ``Government National
Mortgage Association--Guarantees of Mortgage-Backed
Securities Loan Guarantee Program Account'', and ``Office of
Inspector General'' within the Department of Housing and
Urban Development.
Sec. 215. Notwithstanding any other provision of law, for
fiscal year 2026, the Secretary may make a notice of funding
opportunity, and a notice of any funding decision, for any
program or discretionary fund administered by the Secretary
that is to be competitively awarded available only on the
Internet at the appropriate Government website or through
other electronic media, as determined by the Secretary.
Sec. 216. Payment of attorney fees in program-related
litigation shall be paid from the individual program office
and Office of General Counsel salaries and expenses
appropriations.
Sec. 217. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds
appropriated for any office under the headings
``Administrative Support Offices'' or ``Program Offices'' to
any other such office under such headings: Provided, That
the Secretary shall provide notification to such Committees 5
business days in advance of any such transfers.
Sec. 218. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary
conditions, as determined by the Secretary, and comply with
any standards under applicable State or local laws, rules,
ordinances, or regulations relating to the physical condition
of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c)
when a multifamily housing project with a contract under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or a contract for similar project-based assistance--
(1) receives a failing score under the Uniform Physical
Condition Standards (UPCS) or successor standard; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies, or
those deficiencies requiring correction within 24 hours,
identified by the inspector at the project have been
corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but shall not apply to such units assisted under section
8(o)(13) of such Act (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under
section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g).
(c)(1) Within 15 days of the issuance of the Real Estate
Assessment Center (``REAC'') inspection, the Secretary shall
provide the owner with a Notice of Default with a specified
timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary shall provide a copy of the
Notice of Default to the tenants, the local government, any
mortgagees, and any contract administrator. If the owner's
appeal results in a passing score, the Secretary may withdraw
the Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary.
(d) The Secretary shall take appropriate steps to ensure
that project-based contracts remain in effect, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for major threats to health and safety
after written notice to the affected tenants. To the extent
the Secretary determines, in consultation with the tenants
and the local government, that the property
[[Page H1262]]
is not feasible for continued rental assistance payments
under such section 8 or other programs, based on
consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other
rental assistance.
(e) The Secretary shall report semi-annually on all
properties covered by this section that are assessed through
the Real Estate Assessment Center and have failing physical
inspection scores or have received an unsatisfactory
management and occupancy review within the past 36 months.
The report shall include--
(1) identification of the enforcement actions being taken
to address such conditions, including imposition of civil
money penalties and termination of subsidies, and
identification of properties that have such conditions
multiple times;
(2) identification of actions that the Department of
Housing and Urban Development is taking to protect tenants of
such identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the
enactment of this Act, and the second report shall be
submitted within 180 days of the transmittal of the first
report.
Sec. 219. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program)
and section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), may be used by any public housing
agency for any amount of salary, including bonuses, for the
chief executive officer of which, or any other official or
employee of which, that exceeds the annual rate of basic pay
payable for a position at level IV of the Executive Schedule
at any time during any public housing agency fiscal year
2026.
Sec. 220. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development
may be used to make, withdraw, terminate, or rescind (except
at the request of the recipient) a grant award unless the
Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
project, State, locality, housing authority, tribe, nonprofit
organization, or other entity selected to receive a grant
award is announced or is notified of such changes by the
Department or its offices: Provided, That such notification
shall list each grant award and project description by State
and congressional district.
Sec. 221. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Association, or the Department
of Housing and Urban Development to insure, securitize, or
establish a Federal guarantee of any mortgage or mortgage
backed security that refinances or otherwise replaces a
mortgage that has been subject to eminent domain condemnation
or seizure, by a State, municipality, or any other political
subdivision of a State.
Sec. 222. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302)) with respect to grants under section 106 of
such Act (42 U.S.C. 5306).
Sec. 223. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research
of the Department of Housing and Urban Development and
functions thereof, for research, evaluation, or statistical
purposes, and that are unexpended at the time of completion
of a contract, grant, or cooperative agreement, may be
deobligated and shall immediately become available and may be
reobligated in that fiscal year or the subsequent fiscal year
for the research, evaluation, or statistical purposes for
which the amounts are made available to that Office subject
to reprogramming requirements in section 405 of this Act.
Sec. 224. None of the funds provided in this Act or any
other Act may be used for awards, including performance,
special act, or spot, for any employee of the Department of
Housing and Urban Development subject to administrative
discipline (including suspension from work), in this fiscal
year, but this prohibition shall not be effective prior to
the effective date of any such administrative discipline or
after any final decision over-turning such discipline.
Sec. 225. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2015
through 2026 for the continuum of care (CoC) program as
authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act, costs paid by program income of
grant recipients may count toward meeting the recipient's
matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 226. (a) From amounts made available under this title
under the heading ``Homeless Assistance Grants'', the
Secretary may award 1-year transition grants to recipients of
funds for activities under subtitle C of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) to
transition from one continuum of care program component to
another.
(b) In order to be eligible to receive a transition grant,
the funding recipient must have the consent of the continuum
of care and meet standards determined by the Secretary.
Sec. 227. The promise zone designations and promise zone
designation agreements entered into pursuant to such
designations, made by the Secretary in prior fiscal years,
shall remain in effect in accordance with the terms and
conditions of such agreements (including designation and
agreement time periods).
Sec. 228. Any public housing agency designated as a Moving
to Work agency pursuant to section 239 of division L of
Public Law 114-113 (42 U.S.C. 1437f note; 129 Stat. 2897)
may, upon such designation, use funds (except for special
purpose funding, including special purpose vouchers)
previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937,
including any reserve funds held by the public housing agency
or funds held by the Department of Housing and Urban
Development, pursuant to the authority for use of section 8
or 9 funding provided under such section and section 204 of
title II of the Departments of Veterans Affairs and Housing
and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28),
notwithstanding the purposes for which such funds were
appropriated.
Sec. 229. None of the amounts made available by this Act
may be used to prohibit any public housing agency under
receivership or the direction of a Federal monitor from
applying for, receiving, or using funds made available under
the heading ``Public Housing Fund'' for competitive grants to
evaluate and reduce lead-based paint hazards in this Act or
that remain available and not awarded from prior Acts, or be
used to prohibit a public housing agency from using such
funds to carry out any required work pursuant to a settlement
agreement, consent decree, voluntary agreement, or similar
document for a violation of the lead safe housing or lead
disclosure rules.
Sec. 230. For fiscal year 2026, if the Secretary
determines or has determined, for any prior formula grant
allocation administered by the Secretary through the Offices
of Public and Indian Housing, Community Planning and
Development, or Housing, that a recipient received an
allocation greater than the amount such recipient should have
received for a formula allocation cycle pursuant to
applicable statutes and regulations, the Secretary may adjust
for any such funding error in the next applicable formula
allocation cycle by (a) offsetting each such recipient's
formula allocation (if eligible for a formula allocation in
the next applicable formula allocation cycle) by the amount
of any such funding error, and (b) reallocating any available
balances that are attributable to the offset to the recipient
or recipients that would have been allocated additional funds
in the formula allocation cycle in which any such error
occurred (if such recipient or recipients are eligible for a
formula allocation in the next applicable formula allocation
cycle) in an amount proportionate to such recipient's
eligibility under the next applicable formula allocation
cycle: Provided, That all offsets and reallocations from
such available balances shall be recorded against funds
available for the next applicable formula allocation cycle:
Provided further, That the term ``next applicable formula
allocation cycle'' means the first formula allocation cycle
for a program that is reasonably available for correction
following such a Secretarial determination: Provided
further, That if, upon request by a recipient and giving
consideration to all Federal resources available to the
recipient for the same grant purposes, the Secretary
determines that the offset in the next applicable formula
allocation cycle would critically impair the recipient's
ability to accomplish the purpose of the formula grant, the
Secretary may adjust for the funding error across two or more
formula allocation cycles.
Sec. 231. The Secretary may transfer from amounts made
available for salaries and expenses under this title
(excluding amounts made available under the heading ``Office
of Inspector General'') to the heading ``Information
Technology Fund'' for unforeseen information technology
needs, including for additional development, modernization,
and enhancement, to remain available until September 30,
2028: Provided, That the total amount of such transfers
shall not exceed $5,000,000: Provided further, That this
transfer authority shall not be used to fund information
technology projects or activities that have known out-year
development, modernization, or enhancement costs in excess of
$500,000: Provided further, That this transfer authority
shall not be used to allocate costs across offices for
broader departmental information technology needs: Provided
further, That the Secretary shall provide notification to the
House and Senate Committees on Appropriations no fewer than
10 business days in advance of any such transfer.
Sec. 232. The Secretary shall comply with all process
requirements, including public notice and comment, when
seeking to revise any annual contributions contract:
Provided,
[[Page H1263]]
That the Secretary shall provide public housing authorities
not less than 60 days for public comment, and the Secretary
shall consider and respond to submitted comments.
Sec. 233. None of the funds made available to the
Department of Housing and Urban Development in this or prior
Acts may be used to issue a solicitation or accept bids on
any solicitation that is substantially equivalent to the
draft solicitation entitled ``Housing Assistance Payments
(HAP) Contract Support Services (HAPSS)'' posted to
www.Sam.gov on July 27, 2022.
Sec. 234. (a) Any unobligated balances from amounts made
available under the heading, ``Community Development Fund''
in chapter 9 of title II of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Hurricane Recovery, 2006 (Public Law 109-234) that were
transferred to ``Management and Administration, Salaries and
Expenses'' are hereby permanently rescinded.
(b) Any unobligated balances included under Treasury
Appropriation Fund Symbol 86 X 0108 from amounts transferred
to the Department of Housing and Urban Development from
amounts made available under the heading, ``Unanticipated
Needs'' in chapter 8 of title I of the Emergency Supplemental
Appropriations Act of 1994 (Public Law 103-211) are hereby
permanently rescinded.
(c) Any unobligated balances included under Treasury
Appropriation Fund Symbol 86 X 0148, 86-2023/2027-0483 and 86
X 0163 are hereby permanently rescinded.
(d) Of the unobligated balances from amounts included under
Treasury Appropriation Fund Symbol 86 X 0304, $5,036,988.73
are hereby permanently rescinded.
(e) Of the unobligated balances from appropriations made
available under the heading ``Community Development Fund''
prior to fiscal year 2011, $176,688.49 in Economic
Development Initiative grant funds and $336,275.98 in Special
Purpose Grant funds are hereby rescinded.
(f) Of the unobligated balances from amounts made available
under the heading ``Assisted Housing Inspections and Risk
Assessments'', in the Full-Year Continuing Appropriations and
Extensions Act, 2025 (Public Law 119-4), $22,000,000 are
hereby permanently rescinded.
(g) Of the unobligated balances from amounts included under
Treasury Appropriation Fund Symbol 86 X 0313, $1.74 is hereby
permanently rescinded.
(h) $5,200,000 of amounts previously made available for
expenditure from the Manufactured Housing Fees Trust Fund are
hereby permanently rescinded.
Sec. 235. None of the amounts made available in this or
prior Acts may be used to consider family self-sufficiency
achievement metrics (FAM) in determining funding awards for
programs receiving family self-sufficiency program
coordinator funding provided in this or prior Acts except to
provide bonus awards as expressly made available in this or
prior Acts for self-sufficiency programs assigned a ranking
of performance category 1 based on their publicly available
FAM scores.
Sec. 236. The Secretary may, upon a finding that a waiver
or alternative requirement is necessary for the effective
delivery and administration of funds made available for new
incremental voucher assistance or renewals for the mainstream
program and the family unification program (including the
foster youth to independence program) in this and prior Acts,
waive or specify alternative requirements, other than
requirements related to tenant rights and protections, rent
setting, fair housing, nondiscrimination, labor standards,
and the environment, for--
(1) section 8(o)(6)(A) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(6)(A)) and regulatory provisions
related to the administration of waiting lists, local
preferences, and the initial term and extensions of tenant-
based vouchers; and
(2) section 8(x)(2) of the United States Housing Act of
1937 (42 U.S.C. 1437f(x)(2)) regarding the timing of referral
of youth leaving foster care.
Sec. 237. The Secretary shall fulfill their
responsibilities to enforce the Fair Housing Act (42 U.S.C.
3601 et seq.): Provided, That none of the funds made
available by this Act may be used by the Department of
Housing and Urban Development to direct a grantee to
undertake specific changes to existing zoning laws as part of
carrying out the interim final rule entitled ``Affirmatively
Furthering Fair Housing Revisions'' (90 Fed. Reg. 11020
(March 3, 2025)).
Sec. 238. The whistleblower protections in section 4712 of
title 41, United States Code, shall apply to any contract,
subcontract, grant, subgrant, or personal services contract
funded from amounts made available in this or prior Acts
(including carryover and recaptures), regardless of when the
agreement was executed.
Sec. 239. (a) For fiscal years 2026 through 2028, upon
request from the owner, the Secretary of Housing and Urban
Development (``Secretary'') may forgive or restructure the
terms of any indebtedness relating to any remaining principal
and interest under financial assistance made available under
section 201 of the Housing and Community Development
Amendments of 1978 (12 U.S.C. 1715z-1a) (``Flex Sub loan'').
(b) The Secretary may only forgive or restructure loans
under this section for properties with--
(1) 200 or fewer assisted units;
(2) a Flex Sub loan with an unpaid principal balance of
$2,000,000 or less;
(3) a score of 80 or higher on the most recent REAC
inspection; and
(4) a most recent management and occupancy review score of
``above average'' or ``superior.''
(c) The Secretary may set such terms and conditions as the
Secretary determines are appropriate for forgiveness or
restructuring under this section, including:
(1) Different maturity dates or interest rate terms;
(2) Extension of affordability use agreements; and
(3) Other measures to ensure the long-term stability of
operations at the property.
(d) There is hereby appropriated $2,000,000, to remain
available until September 30, 2029, to carry out the purposes
of this section, in addition to amounts otherwise available
for such purposes.
Sec. 240. Funds previously made available by the
Consolidated and Further Continuing Appropriations Act, 2013
(Public Law 113-6) for initial project rental assistance
contracts associated with the demonstration program under the
heading ``Housing for Persons with Disabilities'' in the
Consolidated and Further Continuing Appropriations Act, 2012
(Public Law 112-55) that were available for obligation
through fiscal year 2016 are to remain available through
fiscal year 2031 for the liquidation of valid obligations
incurred in fiscal years 2013 through 2016.
Sec. 241. Amounts made available for the Office of Housing
under the heading ``Program Offices'' in this and prior Acts
shall also be available, without additional competition, for
cooperative agreements with participating administrative
entities that have been selected under section 513(b) of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (42 U.S.C. 1437f note) (MAHRAA) to provide direct
support, including carrying out due diligence and
underwriting functions for owners and for technical
assistance activities, on conditions established by the
Secretary for small properties and owners converting
assistance under the first component or the second component
under the heading ``Rental Assistance Demonstration'' in the
Department of Housing and Urban Development Appropriations
Act, 2012 (title II of division C of Public Law 112-55).
Sec. 242. The Secretary shall conduct all rulemaking in
accordance with the policies of part 10 of title 24 of the
Code of Federal Regulations and Executive Order 12866, as
amended, including providing for public participation and not
less than 60 days for the submission of written comments.
Sec. 243. For fiscal year 2026, the costs of any rent
incentives as authorized pursuant to waivers or alternative
requirements of the jobs-plus initiative as described under
the heading ``Self-Sufficiency Programs'' shall not be
charged against the competitive grant amounts made available
under such heading: Provided, That the amount of any forgone
increases in tenant rent payments due to the implementation
of such rent incentives shall be factored into the public
housing agency's general operating fund eligibility pursuant
to the formula under the heading ``Public Housing Fund'':
Provided further, That the amount of any foregone increases
in tenant rent payments due to the implementation of such
rent incentives implemented on behalf of residents of a
project with assistance converted from public housing to
project-based rental assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or assistance
under section 8(o)(13) of such Act under the heading ``Rental
Assistance Demonstration'' in the Department of Housing and
Urban Development Appropriations Act, 2012 (title II of
division C of Public Law 112-55), as amended (42 U.S.C. 1437f
note) shall be factored into (1) housing assistance payments
made pursuant to project-based subsidy contracts provided
under the heading ``Project-Based Rental Assistance''; and
(2) housing assistance payments made by public housing
agencies pursuant to project-based assistance contracts under
section 8(o)(13) of such Act, with these costs being renewed
under the heading ``Tenant-Based Rental Assistance''.
Sec. 244. In allocating and awarding available amounts
provided under the heading ``Homeless Assistance Grants'' in
the Department of Housing and Urban Development
Appropriations Act, 2025 (Public Law 119-04) and under
section 231 of Public Law 116-94 for the continuum of care
program, the Secretary shall, prior to awarding any amounts
through a notice of funding opportunity and notwithstanding
any inconsistent provisions in such Acts or in subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act, non-
competitively renew for one 12-month period all projects
(including youth homelessness demonstration projects and
shelter plus care projects) expiring during the first quarter
of calendar year 2026 (including any projects that expired
from January 1, 2026 through the date of enactment of this
Act): Provided, That if awards have not been made under a
fiscal year 2025 notice of funding opportunity prior to April
1, 2026, the Secretary shall also non-competitively renew all
such projects expiring during the second quarter of calendar
year 2026: Provided further, That if awards have not been
made under a fiscal year 2025 notice of funding opportunity
prior to July 1, 2026, the Secretary shall also non-
competitively renew all such projects expiring during the
third and fourth quarters of calendar year 2026: Provided
further, That such renewals shall be in an amount equal to
the prior award with upward adjustments to
[[Page H1264]]
enable renewal projects to operate at substantially the same
levels, including cost-of-living adjustments for supportive
services from the prior grant and due to changes to the fair
market rents in the geographic area: Provided further, That
amounts remaining after all such renewals are made shall be
competitively awarded pursuant to a notice of funding
opportunity: Provided further, That such renewals shall not
render recipients ineligible for awards under any fiscal year
2025 and fiscal year 2026 notices of funding opportunity.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2026''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973 (29 U.S.C.
792), $9,955,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 46107 of title 46, United States
Code, including services as authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States
Code; and uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code,
$40,000,000, of which $2,000,000 shall remain available until
September 30, 2027: Provided, That not to exceed $3,500
shall be for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978 (5 U.S.C.
Chapter 4), $29,240,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in such Act, to investigate allegations
of fraud, including false statements to the Government under
section 1001 of title 18, United States Code, by any person
or entity that is subject to regulation by the National
Railroad Passenger Corporation: Provided further, That the
Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other
services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further,
That concurrent with the President's budget request for
fiscal year 2027, the Inspector General shall submit to the
House and Senate Committees on Appropriations a budget
request for fiscal year 2027 in similar format and substance
to budget requests submitted by executive agencies of the
Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by section 3109 of title 5,
United States Code, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for a GS-15;
uniforms, or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code, $145,000,000,
of which not to exceed $1,000 may be used for official
reception and representation expenses.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $158,000,000: Provided, That the
Neighborhood Reinvestment Corporation shall notify network
organizations of their full formula grant award by the latter
of 60 days after enactment of this Act or March 1, 2026.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5,
United States Code, $40,799,000: Provided, That,
notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Surface
Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and
authorized expenses under this heading: Provided further,
That the amounts made available under this heading from the
general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year
2026, to result in a final appropriation from the general
fund estimated at not more than $39,549,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses, including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code, of the United States Interagency Council on
Homelessness (in this heading ``the Council'') in carrying
out the functions pursuant to title II of the McKinney-Vento
Homeless Assistance Act, as amended, $3,000,000: Provided,
That the Council shall be staffed in accordance with section
11313(a)(5) of title 42, United States Code, and regional
coordinators shall have the proven expertise and demonstrated
experience needed to carry out the duties specified in such
section: Provided further, That each meeting of the Council
shall be open to the public, and the Council shall post a
public notification of each Council meeting not less than 30
days in advance of each meeting on its website and include
the agenda for each meeting in such posting.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive Order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. (a) Except as otherwise provided in this Act or
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), none
of the funds provided in this Act or provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2026, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the House and Senate Committees
on Appropriations, the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act), or the relevant operating plan properly
submitted by each agency, whichever is more detailed.
(b) Not later than 60 days after the date of enactment of
this Act, each agency funded by this Act shall submit an
operating plan to the House and Senate Committees on
Appropriations to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided, That the operating plan shall include--
[[Page H1265]]
(1) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(2) a delineation in the table for (A) each appropriation
and its respective prior year enacted level by object class
and program, project, and activity as detailed in this Act,
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), or in
the budget appendix for the respective appropriations,
whichever is more detailed, (B) each item for which a dollar
amount is specified and for all programs for which new budget
(obligational) authority is provided, and (C) each
discretionary grant and discretionary grant allocation;
(3) an organizational chart that includes current and
estimated staffing numbers, by office, at the customary level
of detail unless otherwise directed by this Act or the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act); and
(4) an identification of items of special congressional
interest.
(c) Each agency may reprogram amounts in excess of or
contrary to the threshold limitations established in this
section only after--
(1) providing written notification to the House and Senate
Committees on Appropriations no less than 30 days in advance
of such reprogramming of funds; and
(2) receiving prior written approval from the House and
Senate Committees on Appropriations.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2026 from
appropriations made available for salaries and expenses for
fiscal year 2026 in this Act, shall remain available through
September 30, 2027, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownfields as defined in the Small Business Liability Relief
and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 410. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 412. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 413. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United
States Code.
Sec. 414. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 415. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other
materials available to the department or agency over which
that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 416. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive
fees for contractors whose performance has been judged to be
below satisfactory, behind schedule, over budget, or has
failed to meet the basic requirements of a contract, unless
the Agency determines that any such deviations are due to
unforeseeable events, government-driven scope changes, or are
not significant within the overall scope of the project and/
or program unless such awards or incentive fees are
consistent with 16.401(e)(2) of the Federal Acquisition
Regulations.
Sec. 417. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
duties of his or her former position and has not been
restored thereto.
Sec. 418. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 419. None of the funds made available by this Act may
be used in contravention of existing Federal law regarding
non-citizen eligibility and ineligibility for occupancy in
federally assisted housing or for participation in and
assistance under Federal housing programs, including section
214 of the Housing and Community Development Act of 1980 (42
U.S.C. 1436a) and title IV of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et
seq.).
Sec. 420. (a) No part of any appropriation contained in
this Act or title VIII of division J of Public Law 117-58
shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution,
or use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or
defeat legislation pending before the Congress, except in
presentation to the Congress itself.
(b) No part of any appropriation contained in this Act or
in title VIII of division J of Public Law 117-58 shall be
used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any
activity designed to influence the enactment of legislation
or appropriations proposed or pending before the Congress,
other than for normal and recognized executive-legislative
relationships.
(c) Amounts repurposed pursuant to subsections (a) and (b)
shall continue to be treated as amounts specified in section
103(b) of division A of Public Law 118-5.
Sec. 421. (a) In the table of projects in the explanatory
statement referenced in section
[[Page H1266]]
417 of the Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2022 (division L of
Public Law 117-103)--
(1) the item relating to ``Kansas Rail Safety Improvement
Project'' is deemed to be amended by striking recipient
``Pittsburg Port Authority (KS)'' and inserting ``Kansas
Department of Transportation'';
(2) the item relating to ``The Barkers Creek Industrial
Park Power Expansion'' is deemed to be amended by striking
``The Barkers Creek Industrial Park Power Expansion'' and
inserting ``Barkers Creek Industrial Park Access Bridge,
Phase II'';
(3) the item relating to ``Acquisition of new commercial
space'' is deemed to be amended by striking project
``Acquisition of new commercial space'' and inserting
``Renovation of commercial space'';
(4) the item relating to ``Electric school bus and
associated electric vehicle (EV) charging infrastructure'' is
deemed to be amended by striking recipient ``Falls Church
City Public Schools'' and inserting ``City of Falls Church'';
(5) the item relating to ``North Commons Regional Vision''
is deemed to be amended by striking recipient ``Minneapolis
Park and Recreation Board'' and inserting ``City of
Minneapolis'';
(6) the item relating to ``Orangewood Parkette'' is deemed
to be amended by striking project ``Orangewood Parkette'' and
inserting ``Orangewood Complete Streets'';
(7) the item relating to ``Replacing Five Elevators in a
Public Housing Development'' is deemed to be amended by
striking project ``Replacing Five Elevators in a Public
Housing Development'' and inserting ``Replacing Elevators in
a Public Housing Development'';
(8) the item relating to ``Long Branch Stream Valley Park
Pedestrian Bridge Replacements and ADA Improvements'' is
deemed to be amended by striking recipient ``Montgomery
County Government'' and inserting ``Maryland National Capital
Park and Planning Commission'';
(9) the item relating to ``Washington Gorge Action
Programs--Goldendale Childcare and Early Learning Center'' is
deemed to be amended by striking ``Goldendale'';
(10) the item relating to ``Habitat for Humanity's Veterans
Blitz Build'' is deemed to be amended by striking recipient
``Habitat for Humanity San Bernardino Area, Inc.'' and
inserting ``Neighborhood Partnership Housing Services, Inc.
(NPHS)'';
(11) the item relating to ``Allen University Restoration of
Historic Waverly-Good Samaritan Hospital'' is deemed to be
amended by striking ``Allen University Restoration of
Historic Waverly-Good Samaritan Hospital'' and inserting
``Facility Upgrades'';
(12) the item relating to ``The MEWS at Spencer Road,
Affordable Housing and Mixed Use Development'' is deemed to
be amended by striking ``The MEWS at Spencer Road,''; and
(13) The item relating to ``ARISE housing for young adults
transitioning out of foster care'' is deemed to be amended by
striking ``ARISE housing for young adults transitioning out
of foster care'' and inserting ``Construction of Housing in
the City of Greenville.''
(b) In the table of projects entitled ``Community Project
Funding/Congressionally Directed Spending'' in the
explanatory statement for division L of the Consolidated
Appropriations Act, 2023 (Public Law 117-328) described in
section 4 in the matter preceding division A of such Act--
(1) the item relating to ``Lower Shore Clinic Co-Occurring
Disorder Treatment Facility Housing'' is deemed to be amended
by:
(A) striking ``Lower Shore Clinic Co-Occurring Disorder
Treatment Facility Housing'' and inserting ``HealthPort Co-
Occurring Disorder Treatment Facility''; and
(B) striking recipient ``Lower Shore Clinic Inc.'' and
inserting ``HealthPort, Inc.'';
(2) the item relating to ``Metra Zero Emission Locomotive
Commuter Rail Pilot'' is deemed to be amended by striking
``Locomotive'';
(3) the item relating to ``Acquisition of Property for the
Revitalization of Cliftondale Square Business District'' is
deemed to be amended by striking ``Acquisition of Property
for the'';
(4) the item relating to ``Supportive Living, Community Day
Services, and Housing Site Project for Adults with
Intellectual and Developmental Disabilities'' is deemed to be
amended by striking project ``Supportive Living, Community
Day Services, and Housing Site Project for Adults with
Intellectual and Developmental Disabilities'' and inserting
``Community Day Services and Housing Expansion for Adults
with Intellectual and Developmental Disabilities'';
(5) the item relating to ``Public Library Addition'' is
deemed to be amended by striking project ``Public Library
Addition'' and inserting ``Public Library Renovations'';
(6) the item relating to ``Renovation of Snelling Motel to
Affordable Housing for Veterans'' is deemed to be amended by
striking project ``Renovation of Snelling Motel to Affordable
Housing for Veterans'' and inserting ``Acquisition for
Affordable Housing for Veterans'';
(7) the item relating to ``El Centro de la Raza-Pattison's
West Community Campus Property Acquisition'' is deemed to be
amended by striking project ``El Centro de la Raza-Pattison's
West Community Campus Property Acquisition'' and inserting
``Pattison's West Community Campus'';
(8) the item relating to ``Riverbrook Regional YMCA'' is
deemed to be amended by striking recipient ``Riverbrook
Regional Young Men's Christian Association, Inc.'' and
inserting ``City of Norwalk'';
(9) the item relating to ``The SE1 Rehab'' is deemed to be
amended by striking recipient ``The Skid Row Housing Trust''
and inserting ``PATH Ventures'' and striking project ``The
SE1 Rehab'' and inserting ``Skid Row Permanent Supportive
Housing Rehabilitation'';
(10) the item relating to ``Community Aging & Retirement
Services, Inc.'' is deemed to be amended by striking
recipient ``Community Aging & Retirement Services, Inc.'' and
inserting ``Pasco County,'' and striking project ``CARES One
Stop Senior Center Acquisition and Construction'' and
inserting ``Senior Center Acquisition and Construction'';
(11) the item relating to ``Western Flyer Coast Guard Pier
Repair and Classroom Design'' is deemed to be amended by
striking project ``Western Flyer Coast Guard Pier Repair and
Classroom Design'' and inserting ``Western Flyer Pier and
Classroom Repair'';
(12) the item relating to ``NYCHA ADA Accessibility and
Security Lighting Project'' is deemed to be amended by
striking project ``NYCHA ADA Accessibility and Security
Lighting Project'' and inserting ``Installation of Exterior
Lighting at Borinquen Plaza II'';
(13) the item relating to ``Ausonia Apartments
Modernization'' is deemed to be amended by striking recipient
``Ausonia Apartments'' and inserting ``Boston Housing
Authority'';
(14) the item relating to ``Helping Up Mission Permanent
Housing on East Baltimore Street'' is deemed to be amended by
striking ``Helping Up Mission Permanent Housing on East
Baltimore Street'' and inserting ``Greenspace Development in
Baltimore'';
(15) the item relating to ``The Choir School of Delaware's
New Building at 8th and West Street in Wilmington's Historic
Quaker Hill District'' is deemed to be amended by striking
``at 8th and West Street in Wilmington's Historic Quaker Hill
District'' and inserting ``in Wilmington'';
(16) the item relating to ``WTA 2011 Fixed Route Diesel to
Electric Replacement Project, Bellingham'' is deemed to be
amended by striking ``WTA 2011 Fixed Route Diesel to Electric
Replacement Project, Bellingham'' and inserting ``Acquisition
of Hybrid-Electric Buses''; and
(17) the item relating to ``Media and Arts Collaborative
Building Renovation'' is deemed to be amended by striking
``Renovation''.
(c) In the table of projects entitled ``Community Project
Funding/Congressionally Directed Spending'' in the
explanatory statement for division F of the Consolidated
Appropriations Act, 2024 (Public Law 118-42) described in
section 4 in the matter preceding division A of such Act--
(1) the item relating to ``Hardwoods Permanent Supportive
Housing'' is deemed to be amended by striking ``Hardwoods'';
(2) the item relating to ``Cle Elum--First Street Downtown
Revitalization'' is deemed to be amended by striking ``First
Street'';
(3) the item relating to ``Center for Community Programs in
Livermore Falls and Jay'' is deemed to be amended by striking
recipient ``United Way of the Tri-Valley Area'' and inserting
``Town of Jay'';
(4) the item relating to ``Pawtucket Library, Sayles
Building Re-Pointing'' is deemed to be amended by striking
project ``Pawtucket Library, Sayles Building Re-Pointing''
and inserting ``Pawtucket Library, Sayles Building
Renovation'';
(5) the item relating to ``Germany Road Relocation
Project'' is deemed to be amended by striking project
``Germany Road Relocation Project'' and inserting ``Sewer
Improvements'';
(6) the item relating to ``Community Center Expansion and
Land Acquisition'' is deemed to be amended by striking
``Expansion and Land Acquisition'' and inserting ``Planning
and Design'';
(7) the item relating to ``Laconia, NH Hill Street
Pedestrian Bridge Replacement'' is deemed to be amended by
striking ``Hill Street'' and inserting ``Mill Street'';
(8) the item relating to ``Sunnyside Community Reinvestment
as Cultura & Traditions: Tucson, AZ'' is deemed to be amended
by striking recipient ``Sunnyside Foundation'' and inserting
``Sunnyside Unified School District'';
(9) the item relating to ``Craighead Technology Park and
Public Safety Center'' is deemed to be amended by striking
recipient ``City Water and Light of Jonesboro'' and inserting
``City of Jonesboro'';
(10) the item relating to ``Capital Repairs of 4 Affordable
Housing properties, City of Seattle, King County, WA'' is
deemed to be amended by striking ``4'' and inserting ``3'';
(11) the item relating to ``Middletown Plaza Elevator
Replacement'' is deemed to be amended by striking
``Middletown Plaza Elevator Replacement'' and inserting
``Security Upgrades at NYCHA's Soundview Houses'';
(12) the item relating to ``Morris Affordable Housing
Infrastructure'' is deemed to be amended by striking
recipient ``Morris Affordable Housing Infrastructure'' and
inserting ``Morris Housing Authority'';
(13) the item relating to ``Rehabilitation of Historic
Alumni House as Skills-based Workforce Development Community
Center'' is deemed to be amended by striking ``Historic
[[Page H1267]]
Alumni House as'' and inserting ``a building for a'';
(14) the item relating to ``Mt. Airy/Germantown Streetscape
Improvement and Reconnection'' is deemed to be amended by
striking recipient ``Mt. Airy Business Improvement District''
and inserting ``City of Philadelphia'';
(15) the item relating to ``YMCA of Greater Pittsburgh'' is
deemed to be amended by striking ``YMCA of Greater
Pittsburgh'' and inserting ``Allegheny YMCA Renovation'';
(16) the item relating to ``Corn Maiden Early Learning
Center'' is deemed to be amended by striking recipient ``Corn
Maiden Early Learning Center'' and inserting ``Indian Pueblo
Cultural Center'';
(17) the item relating to ``10th Street Realignment Project
Overpass Project'' is deemed to be amended by striking
recipient ``City of Richmond'' and inserting ``Fort Bend
County''; and
(18) the item relating to ``S. Roosevelt Road Share Use
Path'' is deemed to be amended by striking ``S. Roosevelt
Road''.
(d) Each amendment made by subsection (a) shall be
considered and treated as a continuation of an existing
obligation of funds and not as a new obligation of funds.
(e) Amounts made available under the heading ``Department
of Transportation--Consolidated Rail Infrastructure and
Safety Improvements'' for the item relating to ``Midway
Crossing'' in the table of projects entitled ``Community
Project Funding/Congressionally Directed Spending'' in the
explanatory statement for division L of the Consolidated
Appropriations Act, 2023 (Public Law 117-328) described in
section 4 in the matter preceding division A of such Act
shall be transferred to ``Department of Transportation--
Transit Infrastructure Grants'' and shall be available under
the heading to which transferred for its original purpose.
(1) The item relating to ``Midway Crossing'' is deemed to
be amended by striking account ``Consolidated Rail
Infrastructure and Safety Improvements'' and inserting
``Transit Infrastructure Grants'' in the table of projects
entitled ``Community Project Funding/Congressionally Directed
Spending'' in the explanatory statement for division L of the
Consolidated Appropriations Act, 2023 (Public Law 117-328)
described in section 4 in the matter preceding division A of
such Act.
Sec. 422. The Department of Transportation and the
Department of Housing and Urban Development shall provide the
House and Senate Committees on Appropriations:
(1) quarterly reports on the status of all funds, including
the start of year unobligated and uncommitted balances, and
the total obligations and recaptures for the fiscal year, by
program, project, and activity;
(2) semiannual reports on staffing levels, hirings, and
separations (including through the deferred resignation
program and any other voluntary retirement programs),
consistent with direction provided in this Act or the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act); and
(3) additional, updated budget or financial technical
assistance, upon request.
Sec. 423. Each Department and agency funded in this Act
shall maintain on its publicly accessible website:
(1) notices of funding opportunities (including any
amendments) for all competitive grant programs issued in the
most recent 10 years;
(2) grant awards for the most recent 10 years; and
(3) programmatic notices, guidance, and grant agreement
templates for any grant program with disbursement activity
within the previous 5 fiscal years.
Sec. 424. No later than 30 days after the date of
enactment of this Act, and annually thereafter, the
Departments and agencies funded under this Act shall submit a
report to the House and Senate Committees on Appropriations
on current staffing levels for all political and Presidential
appointees in such Departments and agencies and categorized
by which office within such Departments and agencies such
employee is funded from, the office in which such employee
carries out their daily work, such employee's title, and such
employee's pay grade or the equivalent level based on the GS-
scale.
Sec. 425. The assistance made available under paragraph
(5)(B) under the heading ``Public and Indian Housing--Tenant-
Based Rental Assistance'' in title II of this Act shall be
known and designated as ``The Melania Trump Foster Youth to
Independence Initiative''.
Sec. 426. (a) In the table titled ``Community Project
Funding/Congressionally Directed Spending'' in the
explanatory statement for division A of the Commerce,
Justice, Science; Energy and Water Development; and Interior
and Environment Appropriations Act, 2026 described in section
4 in the matter preceding division A of such Act--
(1) the contents in the ``Senate'' sub column of the
``Requestor(s)'' column are deemed to be amended by inserting
``Kaine, Warner'' for the project identified as the ``Center
of Excellence in Environmental Forecasting'' for the
recipient ``Virginia Institute of Marine Science'';
(2) the contents in the ``Recipient'' column are deemed to
be amended by--
(A) inserting ``Research Foundation of the'' before ``City
University of New York on behalf of Medgar Evers College''
for the project identified as ``Advancing Scientific Research
Capabilities'';
(B) inserting ``Research Foundation of the'' before ``State
University of New York on behalf of the University at
Buffalo'' for the project identified as ``Center of
Excellence for Cross-Border Supply Chains'';
(C) striking ``Game Department/Great Bay National Estuarine
Research'' and inserting ``New Hampshire Fish and Game
Department/Great Bay National Estuarine Research Reserve''
for the project identified as ``Great Bay National Estuarine
Research Reserve: Research Facility'';
(D) striking ``of Albany'' and inserting ``at Albany'' for
the project identified as ``UAlbany CNSE 200mm Wafer
Cleanroom Equipment Upgrade''; and
(E) striking ``Penn'' and inserting ``Pennington'' for the
project identified as ``Jail Tech Upgrades''; and
(3) the contents in the ``Project'' column are deemed to be
amended by inserting--
(A) ``Chip Design Hub: Advanced Chip Design, Testing and''
before ``Fabrication Laboratory Equipment for Preparing the
Semiconductor Workforce'' for recipient ``Florida Atlantic
University'';
(B) ``University of Texas at Dallas Comparative
Effectiveness of'' before ``North Texas Workforce Development
Programs for Semiconductors'' for recipient ``The University
of Texas at Dallas'';
(C) ``D'Youville University School of Pharmacy Sterile''
before ``Compounding and Non-Sterile Hazardous Compounding
Lab'' for recipient ``D'Youville University'';
(D) ``Building the Workforce of the Future Generation By''
before ``Empowering Underserved Students with Technology-
based STEM Education'' for recipient ``Research Foundation of
CUNY'';
(E) ``Additive Construction and Manufacturing Equipment
for'' before ``Affordable and Resilient Housing Research and
Workforce Development'' for recipient ``Rowan University'';
and
(F) ``Interdisciplinary Engineering & Computing initiative
to'' before ``Advance Semiconductor Industry and National
Security Project'' for recipient ``Florida International
University''.
(b) The table titled ``Department of Commerce Allocation of
National Institute of Standards and Technology Funds: CHIPS
Act Fiscal Year 2026'' in the explanatory statement for
division A of the Commerce, Justice, Science; Energy and
Water Development; and Interior and Environment
Appropriations Act, 2026 described in section 4 in the matter
preceding division A of such Act is deemed to be amended by
striking ``(1,000,000)'' and inserting ``(100,000)'' for the
``Administrative Expenses'' project and activity.
(c) In the table titled ``Interior and Environment
Incorporation of Community Project Funding/Congressionally
Directed Spending Items'' in the explanatory statement for
division C of the Commerce, Justice, Science; Energy and
Water Development; and Interior and Environment
Appropriations Act, 2026 described in section 4 in the matter
preceding division A of such Act, the contents in the
``Project Recipient and Name'' column for the ``STAG--Other
(CDS)'' account are deemed to be amended by striking ``COR
Healthy Communities for Waste Improvement System'' and
inserting ``Oregon Metro for Waste Improvement System''.
(d) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2026, is amended--
(1) in the matter preceding the first proviso under the
heading ``National Park Service--Operation of the National
Park System'' by striking ``$2,877,195,000'' and inserting
``$2,901,195,000'', striking ``$148,285,000'' and inserting
``$157,165,000'', and striking ``$157,950,000'' and inserting
``$173,070,000''; and
(2) in the matter preceding the first proviso under the
heading ``National Park Service--Historic Preservation
Fund'', by striking ``$205,059,000'' and inserting
``$181,059,000''.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2026''.
DIVISION E--AUTHORIZING EXTENDERS AND TECHNICAL CORRECTIONS
SEC. 5001. UNITED STATES GRAIN STANDARDS ACT EXTENSION.
Sections 7(j)(5), 7A(l)(4), and 21(e) of the United States
Grain Standards Act (7 U.S.C. 79(j)(5), 79a(l)(4), 87j(e))
shall be applied by substituting ``September 30, 2026'' for
``September 30, 2025'' each place it appears.
SEC. 5002. COMMODITY FUTURES TRADING COMMISSION WHISTLEBLOWER
PROGRAM.
Section 1(b) of Public Law 117-25 (135 Stat. 297; 136 Stat.
2133; 136 Stat. 5984; 139 Stat. 46) is amended in each of
paragraphs (3) and (4) by striking ``September 30, 2025'' and
inserting ``September 30, 2026''.
SEC. 5003. FOREST SERVICE PARTICIPATION IN ACES PROGRAM.
Section 8302(b) of the Agricultural Act of 2014 (16 U.S.C.
3851a(b)) shall be applied by substituting ``October 1,
2026'' for ``October 1, 2023''.
SEC. 5004. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.
(a) Financing.--Section 1309(a) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended, in the
first sentence, by striking ``September 30, 2023'' and
inserting ``September 30, 2026''.
(b) Program Expiration.--Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
``September 30, 2023'' and inserting ``September 30, 2026''.
[[Page H1268]]
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), this section
shall take effect immediately upon the date of enactment of
this Act.
(2) Alternate date.--If this Act is enacted after January
30, 2026, this section shall take effect as if enacted on
January 30, 2026.
SEC. 5005. EXTENSION OF REIMBURSABLE SCREENING SERVICES
PROGRAM.
Section 225(e) of the Department of Homeland Security
Appropriations Act, 2019 (division A of Public Law 116-6; 49
U.S.C. 44901 note) is amended by striking ``2025'' and
inserting ``2026''.
SEC. 5006. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144(d) of the Motor Carrier Safety Reauthorization
Act of 2005 (49 U.S.C. 31100 note; Public Law 109-59) shall
be applied by substituting ``September 30, 2026'' for
``September 30, 2025''.
SEC. 5007. NATIONAL CYBERSECURITY PROTECTION SYSTEM
AUTHORIZATION.
Section 227(a) of the Federal Cybersecurity Enhancement Act
of 2015 (6 U.S.C. 1525(a)) is amended by striking ``September
30, 2025'' and inserting ``September 30, 2026''.
SEC. 5008. CYBERSECURITY INFORMATION SHARING ACT OF 2015.
Section 111(a) of the Cybersecurity Information Sharing Act
of 2015 (6 U.S.C. 1510(a)) is amended by striking ``September
30, 2025'' and inserting ``September 30, 2026''.
SEC. 5009. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
Section 2220A(s)(1) of the Homeland Security Act of 2002 (6
U.S.C. 665g(s)(1)) is amended by striking ``September 30,
2025'' and inserting ``September 30, 2026''.
SEC. 5010. EXTENSION OF THE TECHNOLOGY MODERNIZATION FUND AND
BOARD.
Section 1078(f)(1) of the National Defense Authorization
Act for Fiscal Year 2018 (40 U.S.C. 11301 note) is amended by
striking ``On and after the date that is 2 years after the
date on which the Comptroller General of the United States
issues the third report required under subsection (b)(7)(B)''
and inserting ``After September 30, 2026''.
SEC. 5011. EXTENSION OF EXISTENCE OF PAROLE COMMISSION.
Any expiration date established by section 235(b) of the
Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public
Law 98-473), as such section relates to chapter 311 of title
18, United States Code, and the United States Parole
Commission, shall not apply during the period beginning on
October 1, 2025, and ending on January 30, 2031.
SEC. 5012. ADDITIONAL SPECIAL ASSESSMENT.
Section 3014(a) of title 18, United States Code, is amended
by striking ``and ending on September 30, 2025''.
SEC. 5013. RURAL HEALTHCARE WORKERS.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied
by substituting ``September 30, 2026'' for ``September 30,
2015''.
SEC. 5014. E-VERIFY.
Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
shall be applied by substituting ``September 30, 2026'' for
``September 30, 2015''.
SEC. 5015. NON-MINISTER RELIGIOUS WORKERS.
Section 101(a)(27)(C)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) shall be
applied by substituting ``September 30, 2026'' for
``September 30, 2015'' each place such date appears.
SEC. 5016. H-2B SUPPLEMENTAL VISA EXEMPTION.
Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act
(8 U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security,
after consultation with the Secretary of Labor, and upon the
determination that the needs of United States businesses
cannot be satisfied during fiscal year 2026 with United
States workers who are willing, qualified, and able to
perform temporary nonagricultural labor, may increase the
total number of aliens who may receive a visa under section
101(a)(15)(H)(ii)(b) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) in such fiscal year by not more than
the highest number of H-2B nonimmigrants who participated in
the H-2B returning worker program in any fiscal year in which
returning workers were exempt from such numerical limitation.
SEC. 5017. EMERGENCY AUTHORITY FOR SENTENCING COMMISSION.
(a) In General.--The United States Sentencing Commission
(in this section, referred to as the ``Commission'') shall
promulgate the guidelines or amendments provided for under
section 8605(e) of the SAFER SKIES Act (title LXXXVI of
Public Law 119-60) as soon as possible after the date of
enactment of such Act, and in any event not later than
December 31, 2026, notwithstanding the deadline under section
994(p) of title 28, United States Code.
(b) Effective Date.--The amendments to the guidelines
promulgated under subsection (a) shall take effect 180 days
after the date of promulgation by the Commission, except to
the extent that the effective date is revised or the
amendment is otherwise modified or disapproved by an Act of
Congress, and shall supersede any amendment to the contrary
contained in the amendments to the sentencing guidelines
submitted to Congress by the Commission on or about May 1,
2026.
(c) Rule of Construction.--The requirements of this section
shall supersede the timeline set forth in section 8605(e)(1)
of the SAFER SKIES Act (title LXXXVI of Public Law 119-60).
SEC. 5018. BANKRUPTCY FEES.
(a) In General.--Section 126 of the Continuing
Appropriations Act, 2026 (division A of the Continuing
Appropriations, Agriculture, Legislative Branch, Military
Construction and Veterans Affairs, and Extensions Act, 2026
(Public Law 119-37; 139 Stat. 502)) is amended to read as
follows:
``Sec. 126. Notwithstanding section 106, during the period
ending on the last day of the first calendar quarter of 2026,
section 1930(a)(6)(B)(i) of title 28, United States Code,
shall be applied as if `During the 5-year period' were
struck.''.
(b) Application of Amendments Made by the Bankruptcy
Administration Improvement Act of 2025.--
(1) In general.--Section 6(b)(2)(A) of the Bankruptcy
Administration Improvement Act of 2025 is amended by striking
``on the'' and inserting ``on or after the''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as though enacted immediately after the
enactment of the Bankruptcy Administration Improvement Act of
2025.
SEC. 5019. EXTENSION OF AFRICAN GROWTH AND OPPORTUNITY ACT.
(a) Extension of Preferential Treatment for Certain
Countries in Africa Under African Growth and Opportunity Act;
Retroactive Application.--
(1) Extension.--
(A) Trade act of 1974.--Section 506B of the Trade Act of
1974 (19 U.S.C. 2466b) is amended by striking ``September 30,
2025'' and inserting ``December 31, 2026''.
(B) African growth and opportunity act.--
(i) In general.--Section 112(g) of the African Growth and
Opportunity Act (19 U.S.C. 3721(g)) is amended by striking
``September 30, 2025'' and inserting ``December 31, 2026''.
(ii) Regional apparel article program.--Section
112(b)(3)(A) of the African Growth and Opportunity Act (19
U.S.C. 3721(b)(3)(A)) is amended--
(I) in clause (i), by striking ``21 succeeding'' and
inserting ``23 succeeding''; and
(II) in clause (ii)(II), by striking ``September 30, 2025''
and inserting ``December 31, 2026''.
(iii) Third-country fabric program.--Section 112(c)(1) of
the African Growth and Opportunity Act (19 U.S.C. 3721(c)(1))
is amended--
(I) in the paragraph heading, by striking ``September 30,
2025'' and inserting ``December 31, 2026'';
(II) in subparagraph (A), by striking ``September 30,
2025'' and inserting ``December 31, 2026''; and
(III) in subparagraph (B)(ii), by striking ``September 30,
2025'' and inserting ``December 31, 2026''.
(2) Retroactive application.--
(A) In general.--Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law,
and subject to subparagraph (B), any entry of a covered
article to which duty-free treatment or other preferential
treatment under section 506A of the Trade Act of 1974 (19
U.S.C. 2466a) or section 112 of the African Grown and
Opportunity Act (19 U.S.C. 3721) would have applied if the
entry had been made on September 30, 2025, that was made--
(i) after September 30, 2025, and
(ii) before the date of the enactment of this Act,
shall be liquidated or reliquidated as though such entry
occurred on the date of the enactment of this Act.
(B) Requests.--A liquidation or reliquidation may be made
under subparagraph (A) with respect to an entry only if a
request therefor is filed with the Commissioner of U.S.
Customs and Border Protection not later than 180 days after
the date of the enactment of this Act that contains
sufficient information to enable such Commissioner--
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot be located.
(C) Payment of amounts owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry of a covered article under subparagraph (A) shall be
paid, without interest of any kind, not later than 90 days
after the date of the liquidation or reliquidation (as the
case may be).
(D) Definitions.--In this paragraph:
(i) Covered article.--The term ``covered article'' means an
article from a country that is designated by the President as
a beneficiary sub-Saharan African country under section 104
of the African Growth and Opportunity Act (19 U.S.C. 3703) as
of the day before the date of the enactment of this Act.
(ii) Entry.--The term ``entry'' includes a withdrawal from
warehouse for consumption.
(b) Extension of Customs User Fees.--
(1) In general.--Section 13031(j)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(j)(3)) is amended--
(A) in subparagraph (A), by striking ``September 30, 2031''
and inserting ``December 31, 2031''; and
(B) in subparagraph (B)(i), by striking ``September 30,
2031'' and inserting ``December 31, 2031''.
(2) Rate for merchandise processing fees.--Section 503 of
the United States-Korea Free Trade Agreement Implementation
Act (Public Law 112-41;19 U.S.C. 3805 note) is amended by
striking ``September 30, 2031'' and inserting ``December 31,
2031''.
[[Page H1269]]
SEC. 5020. EXTENSION OF HAITI ECONOMIC LIFT PROGRAM.
(a) Extension of Special Rules for Haiti Under Caribbean
Basin Economic Recovery Act.--Section 213A of the Caribbean
Basin Economic Recovery Act (19 U.S.C. 2703a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by amending subparagraph (B)(v)(I) to read as follows:
``(I) Applicable percentage.--The term `applicable
percentage' means 60 percent or more on and after December
20, 2017.''; and
(ii) by amending subparagraph (C) to read as follows:
``(C) Quantitative limitations.--The preferential treatment
described in subparagraph (A) shall be extended, during each
period after the initial applicable 1-year period, to not
more than 1.25 percent of the aggregate square meter
equivalents of all apparel articles imported into the United
States in the most recent 12-month period for which data are
available.''; and
(B) in paragraph (2), by striking ``in each of the 16
succeeding 1-year periods'' each place it appears and
inserting ``in any of the succeeding 1-year periods''; and
(2) by amending subsection (h) to read as follows:
``(h) Termination.--The duty-free treatment provided under
this section shall remain in effect until December 31,
2026.''.
(b) Restoration of Eligibility of Certain Articles for
Preferential Treatment.--
(1) In general.--The President shall proclaim such
modifications to the Harmonized Tariff Schedule of the United
States as may be necessary to restore the eligibility of
articles described in paragraph (2) for preferential
treatment under section 213A of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703a).
(2) Articles described.--An article described in this
paragraph is an article that--
(A) was eligible for preferential treatment under section
213A of the Caribbean Basin Economic Recovery Act (19 U.S.C.
2703a) on December 20, 2006; and
(B) became ineligible for such treatment after that date
and before the date of the enactment of this Act as a result
of revisions to the Harmonized Tariff Schedule.
(3) Effective date of proclamation.--A proclamation under
paragraph (1) shall take effect not earlier than 2 business
days after the President submits to the Committee on Finance
of the Senate and the Committee on Ways and Means of the
House of Representatives a report on the proclamation and the
reasons for the modifications to the Harmonized Tariff
Schedule under the proclamation.
(c) Retroactive Application.--
(1) In general.--Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law,
and subject to paragraph (2), any entry of a covered article
to which duty-free treatment or other preferential treatment
under the Caribbean Basin Economic Recovery Act (19 U.S.C.
2701 et seq.) would have applied if the entry had been made
before September 30, 2025, that was made--
(A) on or after September 30, 2025, and
(B) before the date of the enactment of this Act,
shall be liquidated or reliquidated as though such entry
occurred on the date of the enactment of this Act.
(2) Requests.--A liquidation or reliquidation may be made
under paragraph (1) with respect to an entry only if a
request therefor is filed with the Commissioner of U.S.
Customs and Border Protection not later than 180 days after
the date of the enactment of this Act that contains
sufficient information to enable such Commissioner--
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be located.
(3) Payment of amounts owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry of a covered article under paragraph (1) shall be
paid, without interest of any kind, not later than 90 days
after the date of the liquidation or reliquidation (as the
case may be).
(4) Definitions.--In this subsection:
(A) Covered article.--The term ``covered article'' means an
article from Haiti.
(B) Entry.--The term ``entry'' includes a withdrawal from
warehouse for consumption.
SEC. 5021. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of
this division and each succeeding division shall not be
entered on either PAYGO scorecard maintained pursuant to
section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on
any PAYGO scorecard maintained for purposes of section 4106
of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this division and each
succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the
Congressional Budget Act of 1974; and
(3) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION F--HEALTH CARE EXTENDERS
SEC. 6001. TABLE OF CONTENTS.
The table of contents of this division is as follows:
DIVISION F--HEALTH CARE EXTENDERS
Sec. 6001. Table of contents.
TITLE I--MEDICAID
Sec. 6101. Streamlined enrollment process for eligible out-of-State
providers under Medicaid and CHIP.
Sec. 6102. Removing certain age restrictions on Medicaid eligibility
for working adults with disabilities.
Sec. 6103. Medicaid State plan requirement for determining residency
and coverage for military families.
Sec. 6104. State studies and HHS report on costs of providing
maternity, labor, and delivery services.
Sec. 6105. Modifying certain disproportionate share hospital
allotments.
Sec. 6106. Modifying certain limitations on disproportionate share
hospital payment adjustments under the Medicaid program.
TITLE II--MEDICARE
Sec. 6201. Extension of increased inpatient hospital payment adjustment
for certain low-volume hospitals.
Sec. 6202. Extension of the Medicare-dependent hospital (MDH) program.
Sec. 6203. Extension of add-on payments for ambulance services.
Sec. 6204. Extending incentive payments for participation in eligible
alternative payment models.
Sec. 6205. Extension of funding for quality measure endorsement, input,
and selection.
Sec. 6206. Extension of funding outreach and assistance for low-income
programs.
Sec. 6207. Extension of funding for Medicare hospice surveys.
Sec. 6208. Extension of the work geographic index floor.
Sec. 6209. Extension of certain telehealth flexibilities.
Sec. 6210. Extending acute hospital care at home waiver flexibilities.
Sec. 6211. In-home cardiopulmonary rehabilitation flexibility.
Sec. 6212. Enhancing certain program integrity requirements for DME
under Medicare.
Sec. 6213. Guidance on furnishing services via telehealth to
individuals with limited English proficiency.
Sec. 6214. Inclusion of virtual diabetes prevention program suppliers
in MDPP Expanded Model.
Sec. 6215. Medication-induced movement disorder outreach and education.
Sec. 6216. Report on wearable medical devices.
Sec. 6217. Extension of temporary inclusion of authorized oral
antiviral drugs as covered part D drugs.
Sec. 6218. Extension of adjustment to calculation of hospice cap amount
under Medicare.
Sec. 6219. Adjustments to Medicare part D cost-sharing reductions for
low-income individuals.
Sec. 6220. Requiring Enhanced and Accurate Lists of (REAL) Health
Providers Act.
Sec. 6221. Medicare coverage of multi-cancer early detection screening
tests.
Sec. 6222. Medicare coverage of external infusion pumps and non-self-
administrable home infusion drugs.
Sec. 6223. Assuring pharmacy access and choice for medicare
beneficiaries.
Sec. 6224. Modernizing and ensuring PBM accountability.
Sec. 6225. Requiring a separate identification number and an
attestation for each off-campus outpatient department of
a provider.
Sec. 6226. Revising phase-in of medicare clinical laboratory test
payment changes.
Sec. 6227. Medicare sequestration.
Sec. 6228. Medicare Improvement Fund.
TITLE III--HUMAN SERVICES
Sec. 6301. Sexual risk avoidance education extension.
Sec. 6302. Personal responsibility education extension.
Sec. 6303. Extension of funding for family-to-family health information
centers.
Sec. 6304. Extension of the Temporary Assistance for Needy Families
Program.
TITLE IV--PUBLIC HEALTH AND OTHER EXTENDERS
Subtitle A--Extensions
Sec. 6401. Extension for community health centers, National Health
Service Corps, and teaching health centers that operate
GME programs.
[[Page H1270]]
Sec. 6402. Extension of special diabetes programs.
Sec. 6403. Extension of national health security programs.
Sec. 6404. No Surprises Act implementation.
Subtitle B--World Trade Center Health Program
Sec. 6411. 9/11 responder and survivor health funding corrections.
TITLE V--PUBLIC HEALTH PROGRAMS
Sec. 6501. Preventing maternal deaths.
Sec. 6502. Organ Procurement and Transplantation Network.
Sec. 6503. Honor our living donors.
Sec. 6504. Program for pediatric studies of drugs.
Sec. 6505. Sickle cell disease prevention and treatment.
Sec. 6506. Lifespan respite care.
Sec. 6507. PREEMIE.
Sec. 6508. Dr. Lorna Breen health care provider protection.
TITLE VI--FOOD AND DRUG ADMINISTRATION
Subtitle A--Mikaela Naylon Give Kids a Chance Act
Sec. 6601. Research into pediatric uses of drugs; additional
authorities of Food and Drug Administration regarding
molecularly targeted cancer drugs.
Sec. 6602. Ensuring completion of pediatric study requirements.
Sec. 6603. FDA report on PREA enforcement.
Sec. 6604. Extension of authority to issue priority review vouchers to
encourage treatments for rare pediatric diseases.
Sec. 6605. Limitations on exclusive approval or licensure of orphan
drugs.
Subtitle B--United States-Abraham Accords Cooperation and Security
Sec. 6611. Establishment of Abraham Accords Office within Food and Drug
Administration.
TITLE VII--LOWERING PRESCRIPTION DRUG COSTS
Sec. 6701. Oversight of pharmacy benefit management services.
Sec. 6702. Full rebate pass through to plan; exception for innocent
plan fiduciaries.
Sec. 6703. Increasing transparency in generic drug applications.
TITLE I--MEDICAID
SEC. 6101. STREAMLINED ENROLLMENT PROCESS FOR ELIGIBLE OUT-
OF-STATE PROVIDERS UNDER MEDICAID AND CHIP.
(a) In General.--Section 1902(kk) of the Social Security
Act (42 U.S.C. 1396a(kk)) is amended by adding at the end the
following new paragraph:
``(10) Streamlined enrollment process for eligible out-of-
state providers.--
``(A) In general.--The State--
``(i) adopts and implements a process to allow an eligible
out-of-State provider to enroll under the State plan (or a
waiver of such plan) to furnish items and services to, or
order, prescribe, refer, or certify eligibility for items and
services for, qualifying individuals without the imposition
of screening or enrollment requirements by such State that
exceed the minimum necessary for such State to provide
payment to an eligible out-of-State provider under such State
plan (or a waiver of such plan), such as the provider's name
and National Provider Identifier (and such other information
specified by the Secretary); and
``(ii) provides that an eligible out-of-State provider that
enrolls as a participating provider in the State plan (or a
waiver of such plan) through such process shall be so
enrolled for a 5-year period, unless the provider is
terminated or excluded from participation during such period.
``(B) Definitions.--In this paragraph:
``(i) Eligible out-of-state provider.--The term `eligible
out-of-State provider' means, with respect to a State, a
provider--
``(I) that is located in any other State;
``(II) that--
``(aa) was determined by the Secretary to have a limited
risk of fraud, waste, and abuse for purposes of determining
the level of screening to be conducted under section
1866(j)(2), has been so screened under such section
1866(j)(2), and is enrolled in the Medicare program under
title XVIII; or
``(bb) was determined by the State agency administering or
supervising the administration of the State plan (or a waiver
of such plan) of such other State to have a limited risk of
fraud, waste, and abuse for purposes of determining the level
of screening to be conducted under paragraph (1) of this
subsection, has been so screened under such paragraph (1),
and is enrolled under such State plan (or a waiver of such
plan); and
``(III) that has not been--
``(aa) excluded from participation in any Federal health
care program pursuant to section 1128 or 1128A;
``(bb) excluded from participation in the State plan (or a
waiver of such plan) pursuant to part 1002 of title 42, Code
of Federal Regulations (or any successor regulation), or
State law; or
``(cc) terminated from participating in a Federal health
care program or the State plan (or a waiver of such plan) for
a reason described in paragraph (8)(A).
``(ii) Qualifying individual.--The term `qualifying
individual' means an individual under 21 years of age who is
enrolled under the State plan (or waiver of such plan).
``(iii) State.--The term `State' means 1 of the 50 States
or the District of Columbia.''.
(b) Conforming Amendments.--
(1) Section 1902(a)(77) of the Social Security Act (42
U.S.C. 1396a(a)(77)) is amended by inserting ``enrollment,''
after ``screening,''.
(2) The subsection heading for section 1902(kk) of such Act
(42 U.S.C. 1396a(kk)) is amended by inserting ``enrollment,''
after ``screening,''.
(3) Section 2107(e)(1)(G) of such Act (42 U.S.C.
1397gg(e)(1)(G)) is amended by inserting ``enrollment,''
after ``screening,''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date that is 3 years after the date
of enactment of this Act.
SEC. 6102. REMOVING CERTAIN AGE RESTRICTIONS ON MEDICAID
ELIGIBILITY FOR WORKING ADULTS WITH
DISABILITIES.
(a) Modification of Optional Buy-in Groups.--
(1) In general.--Section 1902(a)(10)(A)(ii) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended--
(A) in subclause (XV)--
(i) by striking ``, but less than 65,''; and
(ii) by inserting ``, including at least the group
described in section 1905(a)(xviii)'' before the semicolon at
the end; and
(B) in subclause (XVI), by inserting ``including at least
the group described in section 1905(a)(xii),'' after ``the
State may establish,''.
(2) Individuals described.--Section 1905(a) of the Social
Security Act (42 U.S.C. 1396d(a)) is amended--
(A) in clause (xvi), by striking ``or'' at the end;
(B) in clause (xvii), by adding ``or'' after the comma at
the end; and
(C) by adding after clause (xvii) the following new clause:
``(xviii) individuals who, but for earnings in excess of
the limit established under subsection (q)(2)(B), would be
considered to be receiving supplemental security income, and
who are at least 16 years of age,''.
(3) Definition modification.--Section 1905(v)(1)(A) of the
Social Security Act (42 U.S.C. 1396d(v)(1)(A)) is amended by
striking ``, but less than 65,''.
(b) Application to Certain States.--A State that, as of the
date of enactment of this Act, provides for making medical
assistance available to individuals described in subclause
(XV) or (XVI) of section 1902(a)(10)(A)(ii) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) shall not be
regarded as failing to comply with the requirements of the
amendments made by subsection (a) before January 1, 2028.
SEC. 6103. MEDICAID STATE PLAN REQUIREMENT FOR DETERMINING
RESIDENCY AND COVERAGE FOR MILITARY FAMILIES.
(a) In General.--Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended--
(1) in subsection (a)--
(A) in paragraph (88), by striking ``and'' at the end;
(B) in paragraph (89), by striking the period at the end
and inserting ``; and''; and
(C) by inserting after paragraph (89), the following new
paragraph:
``(90) beginning January 1, 2030, provide, with respect to
an active duty relocated individual (as defined in subsection
(yy)(1))--
``(A) that, for purposes of determining eligibility for
medical assistance under the State plan (or waiver of such
plan), such active duty relocated individual is treated as a
resident of the State unless such individual voluntarily
elects not to be so treated for such purposes;
``(B) that if, at the time of relocation (as described in
subsection (yy)(1)), such active duty relocated individual is
on a home and community-based services waiting list (as
defined in subsection (yy)(2)), such individual remains on
such list until--
``(i) the State completes an assessment and renders a
decision with respect to the eligibility of such individual
to receive the relevant home and community-based services at
the time a slot for such services becomes available and, in
the case such decision is a denial of such eligibility, such
individual has exhausted the individual's opportunity for a
fair hearing; or
``(ii) such individual elects to be removed from such list;
and
``(C) payment for medical assistance furnished under the
State plan (or a waiver of the plan) on behalf of such active
duty relocated individual in the military service relocation
State (as referred to in subsection (yy)(1)(B)(i)), to the
extent that such assistance is available in such military
service relocation State in accordance with such guidance as
the Secretary may issue to ensure access to such
assistance.''; and
(2) by adding at the end the following new subsection:
``(yy) Active Duty Relocated Individual; Home and
Community-based Services Waiting List.--For purposes of
subsection (a)(90) and this subsection:
``(1) Active duty relocated individual.--The term `active
duty relocated individual' means an individual--
``(A) who--
``(i) is enrolled under the State plan (or waiver of such
plan); or
``(ii) with respect to an individual described in
subparagraph (C)(ii), would be so enrolled pursuant to
subsection (a)(10)(A)(ii)(VI) if such individual began
receiving home and community-based services;
``(B) who--
[[Page H1271]]
``(i) is a member of the Armed Forces engaged in active
duty service and is relocated to another State (in this
subsection referred to as the `military service relocation
State') by reason of such service;
``(ii) would be described in clause (i) except that the
individual stopped being engaged in active duty service
(including by reason of retirement from such service) and the
last day on which the individual was engaged in active duty
service occurred not more than 12 months ago; or
``(iii) is a dependent (as defined by the Secretary) of a
member described in clause (i) or (ii) who relocates to the
military service relocation State with such member; and
``(C) who--
``(i) was receiving home and community-based services (as
defined in section 9817(a)(2)(B) of the American Rescue Plan
Act of 2021) at the time of such relocation; or
``(ii) if the State maintains a home and community-based
services waiting list, was on such home and community-based
services waiting list at the time of such relocation.
``(2) Home and community-based services waiting list.--The
term `home and community-based services waiting list' means,
in the case of a State that has a limit on the number of
individuals who may receive home and community-based services
under section 1115(a) or section 1915(c), a list maintained
by such State of individuals who are requesting to receive
such services under 1 or more such sections but for whom the
State has not yet completed an assessment and rendered a
decision with respect to the eligibility of such individuals
to receive the relevant home and community-based services at
the time a slot for such services becomes available due to
such limit.''.
(b) Implementation Funding.--There are appropriated, out of
any funds in the Treasury not otherwise obligated, $1,000,000
for each of fiscal years 2026 through 2030, to remain
available until expended, to the Secretary of Health and
Human Services for purposes of implementing the amendments
made by subsection (a).
SEC. 6104. STATE STUDIES AND HHS REPORT ON COSTS OF PROVIDING
MATERNITY, LABOR, AND DELIVERY SERVICES.
(a) State Study.--
(1) In general.--Not later than 30 months after the date of
enactment of this Act, and every 5 years thereafter, each
State (as such term is defined in section 1101(a)(1) of the
Social Security Act (42 U.S.C. 1301(a)(1)) for purposes of
titles XIX and XXI of such Act) shall conduct a study on the
costs of providing maternity, labor, and delivery services in
applicable hospitals (as defined in paragraph (3)) and submit
the results of such study to the Secretary of Health and
Human Services (referred to in this section as the
``Secretary'') in such form and manner as the Secretary
requires.
(2) Content of study.--A State study required under
paragraph (1) shall include the following information (to the
extent practicable and as further defined by the Secretary)
with respect to maternity, labor, and delivery services
furnished by applicable hospitals located in the State:
(A) An estimate of the cost of providing maternity, labor,
and delivery services at applicable hospitals, based on the
expenditures a representative sample of such hospitals
incurred for providing such services during the 2 most recent
years for which data is available.
(B) An estimate of the cost of providing maternity, labor,
and delivery services at hospitals that would be applicable
hospitals (as defined in paragraph (3)) if not for ceasing to
provide labor and delivery services within the past 5 years,
based on the expenditures a representative sample of such
hospitals incurred for providing such services during the 2
most recent years for which data is available.
(C) To the extent data allow, an analysis of the extent to
which geographic location, community demographics, and local
economic factors (as defined by the Secretary) affect the
cost of providing maternity, labor, and delivery services at
applicable hospitals described in subparagraphs (A) and (B),
including the cost of services that support the provision of
maternity, labor, and delivery services.
(D) The amounts applicable hospitals are paid for
maternity, labor, and delivery services, by geographic
location and hospital size, under--
(i) parts A and B of the Medicare program;
(ii) the State Medicaid program, including payment amounts
for such services under fee-for-service payment arrangements
and under managed care (as applicable);
(iii) the State CHIP plan, including payment amounts for
such services under fee-for-service payment arrangements and
under managed care (as applicable); and
(iv) private health insurance.
(E) A comparative payment rate analysis--
(i) comparing payment rates for maternity, labor, and
delivery services (inclusive of all payments received by
applicable hospitals for furnishing maternity, labor, and
delivery services) under the State Medicaid fee-for-service
program to such payment rates for such services under
Medicare (including those described in paragraphs (2) and (3)
of section 447.203(b) of title 42, Code of Federal
Regulations), and, to the extent data is available, such
payment rates for such services under Medicaid managed care
and private health insurers within geographic areas of the
State; and
(ii) analyzing different payment methods for such services,
such as the use of bundled payments, quality incentives, and
low-volume adjustments.
(F) An evaluation, using such methodology and parameters
established by the Secretary, of whether each hospital
located in the State that furnishes maternity, labor, and
delivery services is expected to experience in the next 3
years significant changes in particular expenditures or types
of reimbursement for maternity, labor, and delivery services.
(3) Applicable hospital defined.--For purposes of this
subsection, the term ``applicable hospital'' means any
hospital located in a State that meets either of the
following criteria:
(A) The hospital provides labor and delivery services and
more than 50 percent of the hospital's births (in the most
recent year for which such data is available) are financed by
the Medicaid program or CHIP.
(B) The hospital--
(i) is located in a rural area (as defined by the Federal
Office of Rural Health Policy for the purpose of rural health
grant programs administered by such Office);
(ii) based on the most recent 2 years of data available (as
determined by the Secretary), furnished services for less
than an average of 300 births per year; and
(iii) provides labor and delivery services.
(4) Assistance to small hospitals in compiling cost
information.--There are appropriated to the Secretary for
fiscal year 2026, $10,000,000 for the purpose of providing
grants and technical assistance to a hospital described in
paragraph (3)(B) to enable such hospital to compile detailed
information for use in the State studies required under
paragraph (1), to remain available until expended.
(5) HHS report on state studies.--For each year in which a
State is required to conduct a study under paragraph (1), the
Secretary shall issue, not later than 18 months after the
date on which the State submits to the Secretary the data
described in such paragraph, a publicly available report that
compiles and details the results of such study and includes
the information described in paragraph (2).
(b) HHS Report on National Data Collection Findings.--Not
later than 3 years and 6 months after the date of enactment
of this Act, the Secretary shall submit to Congress, and make
publicly available, a report analyzing the first studies
conducted by States under subsection (a)(1), including
recommendations for improving data collection on the cost of
providing maternity, labor, and delivery services.
(c) Implementation Funding.--In addition to the amount
appropriated under subsection (a)(4), there are appropriated,
out of any funds in the Treasury not otherwise obligated,
$3,000,000 for fiscal year 2026, to remain available until
expended, to the Secretary of Health and Human Services for
purposes of implementing this section.
SEC. 6105. MODIFYING CERTAIN DISPROPORTIONATE SHARE HOSPITAL
ALLOTMENTS.
(a) Extending Tennessee DSH Allotments.--Section
1923(f)(6)(A)(vi) of the Social Security Act (42 U.S.C.
1396r-4(f)(6)(A)(vi)) is amended--
(1) in the heading, by striking ``2025 and a portion of
fiscal year 2026'' and inserting ``2027''; and
(2) by inserting ``, and the DSH allotment for Tennessee
for the portion of fiscal year 2026 beginning on January 31,
2026, and ending September 30, 2026, shall be $35,351,507,
which may be claimed as fiscal year 2026 uncompensated care
costs, and the DSH allotment for Tennessee for fiscal year
2027, shall be $53,100,000'' before the period.
(b) Eliminating Certain DSH Allotment Reductions.--Section
1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)) is amended--
(1) in clause (i)--
(A) in the matter preceding subclause (I), by striking
``the period beginning January 31, 2026, and ending September
30, 2026, and for each of fiscal years 2027 and 2028'' and
inserting ``fiscal year 2028'';
(B) in subclause (I), by striking ``or period''; and
(C) in subclause (II), by striking ``or period'' each place
it appears; and
(2) in clause (ii), by striking ``the period beginning
January 31, 2026, and ending September 30, 2026, and for each
of fiscal years 2027 and 2028'' and inserting ``fiscal year
2028''.
SEC. 6106. MODIFYING CERTAIN LIMITATIONS ON DISPROPORTIONATE
SHARE HOSPITAL PAYMENT ADJUSTMENTS UNDER THE
MEDICAID PROGRAM.
(a) In General.--Section 1923(g) of the Social Security Act
(42 U.S.C. 1396r-4(g)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``(other than a hospital described in paragraph (2)(B))'';
(ii) in clause (i), by inserting ``with respect to such
hospital and year'' after ``described in subparagraph (B)'';
and
(iii) in clause (ii)--
(I) in subclause (I), by striking ``and'' at the end;
(II) in subclause (II), by striking the period and
inserting ``; and''; and
(III) by adding at the end the following new subclause:
``(III) payments made under title XVIII or by an applicable
plan (as defined in section 1862(b)(8)(F)) for such
services.''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking ``in
this clause are'' and inserting
[[Page H1272]]
``in this subparagraph are, with respect to a hospital and a
year,''; and
(ii) by adding at the end the following new clause:
``(iii) Individuals who are eligible for medical assistance
under the State plan or under a waiver of such plan and for
whom the State plan or waiver is a payor for such services
after application of benefits under title XVIII or under an
applicable plan (as defined in section 1862(b)(8)(F)), but
only if the hospital has in the aggregate incurred costs
exceeding payments under such State plan, waiver, title
XVIII, or applicable plan for such services furnished to such
individuals during such year.'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as so redesignated, by striking
``Notwithstanding paragraph (2) of this subsection (as in
effect on October 1, 2021), paragraph (2)'' and inserting
``Paragraph (2)''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to payment
adjustments made under section 1923 of the Social Security
Act (42 U.S.C. 1396r-4) for Medicaid State plan rate years
beginning on or after the date of enactment of this Act.
(2) State option to distribute unspent dsh allotments from
prior years up to modified cap.--
(A) In general.--If, for any Medicaid State plan rate year
that begins on or after October 1, 2022, and before the date
of enactment of this Act, a State did not spend the full
amount of its Federal fiscal year allotment under section
1923 of the Social Security Act (42 U.S.C. 1396r-4)
applicable to that State plan rate year, the State may use
the unspent portion of such allotment to increase the amount
of any payment adjustment made to a hospital for such rate
year, provided that--
(i) such payment adjustment (as so increased) is consistent
with subsection (g) of such section (as amended by this
section); and
(ii) the total amount of all payment adjustments for the
State plan rate year (as so increased) does not exceed the
disproportionate share hospital allotment for the State and
applicable Federal fiscal year under subsection (f) of such
section.
(B) No recoupment of payments already made to hospitals.--A
State shall not recoup any payment adjustment made by the
State to a hospital for a Medicaid State plan rate year
described in subparagraph (A) if such payment adjustment is
consistent with section 1923(g) of such Act (42 U.S.C. 1396r-
4(g)) as in effect on October 1, 2021.
(C) Authority to permit retroactive modification of state
plan amendments to allow for increases.--
(i) In general.--Subject to clause (ii), solely for the
purpose of allowing a State to increase the amount of a
payment adjustment to a hospital for a Medicaid State plan
rate year described in subparagraph (A) pursuant to this
paragraph, a State may retroactively modify a provision of
the Medicaid State plan, a waiver of such plan, or a State
plan amendment that relates to such rate year and the
Secretary may approve such modification.
(ii) Deadline.--A State may not submit a request for
approval of a retroactive modification to a provision of the
Medicaid State plan, a waiver of such plan, or a State plan
amendment for a Medicaid State plan rate year after the date
by which the State is required to submit the independent
certified audit for such State plan rate year as required
under section 1923(j)(2) of the Social Security Act (42
U.S.C. 1396r-4(j)(2)).
(D) Reporting.--If a State increases a payment adjustment
made to a hospital for a Medicaid State plan rate year
pursuant to this paragraph, the State shall include
information in such form and manner as the Secretary shall
specify on such increased payment adjustment as part of the
annual report submitted by the State under section 1923(j)(1)
of the Social Security Act (42 U.S.C. 1396r-4(j)(1)) for such
State plan rate year or, if necessary, as determined by the
Secretary, in an amendment to such annual report.
TITLE II--MEDICARE
SEC. 6201. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT
ADJUSTMENT FOR CERTAIN LOW-VOLUME HOSPITALS.
(a) In General.--Section 1886(d)(12) of the Social Security
Act (42 U.S.C. 1395ww(d)(12)) is amended--
(1) in subparagraph (B), by striking ``during the portion
of fiscal year 2026 beginning on January 31, 2026, and ending
on September 30, 2026, and in fiscal year 2027'' and
inserting ``during the portion of fiscal year 2027 beginning
on January 1, 2027, and ending on September 30, 2027, and in
fiscal year 2028'';
(2) in subparagraph (C)(i)--
(A) in the matter preceding subclause (I), by striking
``through 2025 and the portion of fiscal year 2026 beginning
on October 1, 2025, and ending on January 30, 2026'' and
inserting ``through 2026 and the portion of fiscal year 2027
beginning on October 1, 2026, and ending on December 31,
2026'';
(B) in subclause (III), by striking ``through 2025 and the
portion of fiscal year 2026 beginning on October 1, 2025, and
ending on January 30, 2026'' and inserting ``through 2026 and
the portion of fiscal year 2027 beginning on October 1, 2026,
and ending on December 31, 2026''; and
(C) in subclause (IV), by striking ``the portion of fiscal
year 2026 beginning on January 31, 2026, and ending on
September 30, 2026, and fiscal year 2027'' and inserting
``the portion of fiscal year 2027 beginning on January 1,
2027, and ending on September 30, 2027, and fiscal year
2028''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking
``through 2025 or during the portion of fiscal year 2026
beginning on October 1, 2025, and ending on January 30,
2026'' and inserting ``through 2026 or during the portion of
fiscal year 2027 beginning on October 1, 2026, and ending on
December 31, 2026''; and
(B) in clause (ii), by striking ``through 2025 and the
portion of fiscal year 2026 beginning on October 1, 2025, and
ending on January 30, 2026'' and inserting ``through 2026 and
the portion of fiscal year 2027 beginning on October 1, 2026,
and ending on December 31, 2026''.
(b) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendments made by this section by program instruction or
otherwise.
SEC. 6202. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH)
PROGRAM.
(a) In General.--Section 1886(d)(5)(G) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``January 31, 2026'' and
inserting ``January 1, 2027''; and
(2) in clause (ii)(II), by striking ``January 31, 2026''
and inserting ``January 1, 2027''.
(b) Conforming Amendments.--
(1) In general.--Section 1886(b)(3)(D) of the Social
Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended--
(A) in the matter preceding clause (i), by striking
``January 31, 2026'' and inserting ``January 1, 2027''; and
(B) in clause (iv), by striking ``through fiscal year 2025
and the portion of fiscal year 2026 beginning on October 1,
2025, and ending on January 30, 2026'' and inserting
``through fiscal year 2026 and the portion of fiscal year
2027 beginning on October 1, 2026, and ending on December 31,
2026''.
(2) Permitting hospitals to decline reclassification.--
Section 13501(e)(2) of the Omnibus Budget Reconciliation Act
of 1993 (42 U.S.C. 1395ww note) is amended by striking
``through fiscal year 2025, or the portion of fiscal year
2026 beginning on October 1, 2025, and ending on January 30,
2026'' and inserting ``through fiscal year 2026, or the
portion of fiscal year 2027 beginning on October 1, 2026, and
ending on December 31, 2026''.
SEC. 6203. EXTENSION OF ADD-ON PAYMENTS FOR AMBULANCE
SERVICES.
Section 1834(l) of the Social Security Act (42 U.S.C.
1395m(l)) is amended--
(1) in paragraph (12)(A), by striking ``January 31, 2026''
and inserting ``January 1, 2028''; and
(2) in paragraph (13), by striking ``January 31, 2026''
each place it appears and inserting ``January 1, 2028'' in
each such place.
SEC. 6204. EXTENDING INCENTIVE PAYMENTS FOR PARTICIPATION IN
ELIGIBLE ALTERNATIVE PAYMENT MODELS.
(a) In General.--Section 1833(z) of the Social Security Act
(42 U.S.C. 1395l(z)) is amended--
(1) in paragraph (1)(A)--
(A) by inserting ``, and during 2028,'' after ``with
2026''; and
(B) by inserting ``, or, with respect to 2028, 3.1
percent'' after ``1.88 percent'';
(2) in paragraph (2)--
(A) in subparagraph (B)--
(i) in the heading, by inserting ``and 2028'' after
``2026''; and
(ii) in the matter preceding clause (i), by inserting ``and
2028'' after ``2026'';
(B) in subparagraph (C)--
(i) in the heading, by striking ``Beginning in 2027'' and
inserting ``2027 and 2029 and subsequent years''; and
(ii) in the matter preceding clause (i), by inserting ``and
2029'' after ``2027''; and
(C) in subparagraph (D), by striking ``and 2026'' and
inserting ``2026, and 2028''; and
(3) in paragraph (4)(B), by inserting ``, or, with respect
to 2028, 3.1 percent'' after ``1.88 percent''.
(b) Conforming Amendments.--Section 1848(q)(1)(C)(iii) of
the Social Security Act (42 U.S.C. 1395w-4(q)(1)(C)(iii)) is
amended--
(1) in subclause (II), by inserting ``and 2028'' after
``2026''; and
(2) in subclause (III), by inserting ``and 2029'' after
``2027''.
SEC. 6205. EXTENSION OF FUNDING FOR QUALITY MEASURE
ENDORSEMENT, INPUT, AND SELECTION.
Section 1890(d)(2) of the Social Security Act (42 U.S.C.
1395aaa(d)(2)) is amended--
(1) in the first sentence--
(A) by striking ``and $13,300,000'' and inserting
``$13,300,000''; and
(B) by inserting the following before the period at the
end: ``, and $15,100,000 for fiscal year 2027''; and
(2) in the third sentence, by striking ``and 2026'' and
inserting ``2026, and 2027''.
SEC. 6206. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR
LOW-INCOME PROGRAMS.
(a) State Health Insurance Assistance Programs.--Subsection
(a)(1)(B) of section 119 of the Medicare Improvements for
Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note)
is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xv) the following new
clause:
[[Page H1273]]
``(xvi) for the period beginning on January 31, 2026, and
ending on December 31, 2027, $30,000,000.''.
(b) Area Agencies on Aging.--Subsection (b)(1)(B) of such
section 119 is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xv) the following new
clause:
``(xvi) for the period beginning on January 31, 2026, and
ending on December 31, 2027, $30,000,000.''.
(c) Aging and Disability Resource Centers.--Subsection
(c)(1)(B) of such section 119 is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xv) the following new
clause:
``(xvi) for the period beginning on January 31, 2026, and
ending on December 31, 2027, $10,000,000.''.
(d) Coordination of Efforts to Inform Older Americans About
Benefits Available Under Federal and State Programs.--
Subsection (d)(2) of such section 119 is amended--
(1) in clause (xiv), by striking ``and'' at the end;
(2) in clause (xv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (xv) the following new
clause:
``(xvi) for the period beginning on January 31, 2026, and
ending on December 31, 2027, $30,000,000.''.
SEC. 6207. EXTENSION OF FUNDING FOR MEDICARE HOSPICE SURVEYS.
Section 3(a)(2) of the IMPACT Act of 2014 (Public Law 113-
185), as amended by section 6205 of division F of the
Continuing Appropriations, Agriculture, Legislative Branch,
Military Construction and Veterans Affairs, and Extensions
Act, 2026 (Public Law 119-37), is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) $4,400,000 for the period beginning on January 31,
2026, and ending on December 31, 2026, to remain available
until expended.''.
SEC. 6208. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C.
1395w-4(e)(1)(E)) is amended by striking ``January 31, 2026''
and inserting ``January 1, 2027''.
SEC. 6209. EXTENSION OF CERTAIN TELEHEALTH FLEXIBILITIES.
(a) Removing Geographic Requirements and Expanding
Originating Sites for Telehealth Services.--Section 1834(m)
of the Social Security Act (42 U.S.C. 1395m(m)) is amended--
(1) in paragraph (2)(B)(iii), by striking ``ending January
30, 2026'' and inserting ``ending December 31, 2027''; and
(2) in paragraph (4)(C)(iii), by striking ``ending on
January 30, 2026'' and inserting ``ending on December 31,
2027''.
(b) Expanding Practitioners Eligible to Furnish Telehealth
Services.--Section 1834(m)(4)(E) of the Social Security Act
(42 U.S.C. 1395m(m)(4)(E)) is amended by striking ``ending on
January 30, 2026'' and inserting ``ending on December 31,
2027''.
(c) Extending Telehealth Services for Federally Qualified
Health Centers and Rural Health Clinics.--Section
1834(m)(8)(A) of the Social Security Act (42 U.S.C.
1395m(m)(8)(A)) is amended by striking ``ending on January
30, 2026'' and inserting ``ending on December 31, 2027''.
(d) Delaying the In-person Requirements Under Medicare for
Mental Health Services Furnished Through Telehealth and
Telecommunications Technology.--
(1) Delay in requirements for mental health services
furnished through telehealth.--Section 1834(m)(7)(B)(i) of
the Social Security Act (42 U.S.C. 1395m(m)(7)(B)(i)) is
amended, in the matter preceding subclause (I), by striking
``on or after January 31, 2026'' and inserting ``on or after
January 1, 2028''.
(2) Mental health visits furnished by rural health
clinics.--Section 1834(y)(2) of the Social Security Act (42
U.S.C. 1395m(y)(2)) is amended by striking ``January 31,
2026'' and inserting ``January 1, 2028''.
(3) Mental health visits furnished by federally qualified
health centers.--Section 1834(o)(4)(B) of the Social Security
Act (42 U.S.C. 1395m(o)(4)(B)) is amended by striking
``January 31, 2026'' and inserting ``January 1, 2028''.
(e) Allowing for the Furnishing of Audio-only Telehealth
Services.--Section 1834(m)(9) of the Social Security Act (42
U.S.C. 1395m(m)(9)) is amended by striking ``ending on
January 30, 2026'' and inserting ``ending on December 31,
2027''.
(f) Extending Use of Telehealth to Conduct Face-to-face
Encounter Prior to Recertification of Eligibility for Hospice
Care.--
(1) In general.--Section 1814(a)(7)(D)(i)(II) of the Social
Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended--
(A) by striking ``ending on January 30, 2026'' and
inserting ``ending on December 31, 2027''; and
(B) by inserting ``, except that this subclause shall not
apply in the case of such an encounter with an individual
occurring on or after January 31, 2026, if such individual is
located in an area that is subject to a moratorium on the
enrollment of hospice programs under this title pursuant to
section 1866(j)(7), if such individual is receiving hospice
care from a provider that is subject to enhanced oversight
under this title pursuant to section 1866(j)(3), or if such
encounter is performed by a hospice physician or nurse
practitioner who is not enrolled under section 1866(j) and is
not an opt-out physician or practitioner (as defined in
section 1802(b)(6)(D))'' before the semicolon.
(2) Requiring use of modifier.--Section
1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C.
1395f(a)(7)(D)(i)(II)), as amended by paragraph (1), is
further amended by inserting ``, but only if, in the case of
such an encounter occurring on or after January 1, 2027, any
hospice claim includes 1 or more modifiers or codes (as
specified by the Secretary) to indicate that such encounter
was conducted via telehealth'' after ``as determined
appropriate by the Secretary''.
(g) Requiring Modifiers for Telehealth Services in Certain
Instances.--Section 1834(m) of the Social Security Act (42
U.S.C. 1395m(m)) is amended by adding at the end the
following new paragraph:
``(10) Required use of modifiers in certain instances.--Not
later than January 1, 2027, the Secretary shall establish
requirements to include one or more codes or modifiers, as
determined appropriate by the Secretary, in the case of--
``(A) claims for telehealth services under this subsection
that are furnished through a telehealth virtual platform--
``(i) by a physician or practitioner that contracts with an
entity that owns such virtual platform; or
``(ii) for which a physician or practitioner has a payment
arrangement with an entity for use of such virtual platform;
and
``(B) claims for telehealth services under this subsection
that are furnished incident to a physician's or
practitioner's professional service.''.
(h) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendments made by this section by program instruction or
otherwise.
SEC. 6210. EXTENDING ACUTE HOSPITAL CARE AT HOME WAIVER
FLEXIBILITIES.
(a) In General.--Section 1866G(a)(1) of the Social Security
Act (42 U.S.C. 1395cc-7(a)(1)) is amended by striking
``January 30, 2026'' and inserting ``September 30, 2030''.
(b) Requiring Additional Study and Report.--Section 1866G
of the Social Security Act (42 U.S.C. 1395cc-7) is amended--
(1) in subsection (a)(3)(E)--
(A) in clause (ii), by striking ``the study described in
subsection (b)'' and inserting ``the studies described in
subsections (b) and (c)''; and
(B) by adding at the end the following new flush sentence:
``The Secretary may require that such data and information be
submitted through a hospital's cost report, through such
survey instruments as the Secretary may develop, through
medical record information, or through such other means as
the Secretary determines appropriate.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Study'' and
inserting ``Initial Study''; and
(B) in paragraph (3), by striking ``subsection'' and
inserting ``section'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b) the following new
subsection:
``(c) Subsequent Study and Report.--
``(1) In general.--Not later than September 30, 2029, the
Secretary shall conduct a study to--
``(A) analyze, to the extent practicable, the criteria
established by hospitals under the Acute Hospital Care at
Home initiative to determine which individuals may be
furnished services under such initiative; and
``(B) analyze and compare (both within and between
hospitals participating in the initiative, and relative to
comparable hospitals that do not participate in the
initiative, for relevant parameters such as diagnosis-related
groups)--
``(i) quality of care furnished to individuals with similar
conditions and characteristics in the inpatient setting and
through the Acute Hospital Care at Home initiative, including
health outcomes, hospital readmission rates (including
readmissions both within and beyond 30 days post-discharge),
hospital mortality rates, length of stay, infection rates,
composition of care team (including the types of labor used,
such as contracted labor), the ratio of nursing staff,
transfers from the hospital to the home, transfers from the
home to the hospital (including the timing, frequency, and
causes of such transfers), transfers and discharges to post-
acute care settings (including the timing, frequency, and
causes of such transfers and discharges), and patient and
caregiver experience of care;
``(ii) clinical conditions treated and diagnosis-related
groups of discharges from inpatient settings relative to
discharges from the Acute Hospital Care at Home initiative;
``(iii) costs incurred by the hospital for furnishing care
in inpatient settings relative to costs incurred by the
hospital for furnishing care through the Acute Hospital Care
at Home initiative, including costs relating to staffing,
equipment, food, prescriptions, and
[[Page H1274]]
other services, as determined by the Secretary;
``(iv) the quantity, mix, and intensity of services (such
as in-person visits and virtual contacts with patients and
the intensity of such services) furnished in inpatient
settings relative to the Acute Hospital Care at Home
initiative, and, to the extent practicable, the nature and
extent of family or caregiver involvement;
``(v) socioeconomic information on individuals treated in
comparable inpatient settings relative to the initiative,
including racial and ethnic data, income, housing, geographic
proximity to the brick-and-mortar facility and whether such
individuals are dually eligible for benefits under this title
and title XIX; and
``(vi) the quality of care, outcomes, costs, quantity and
intensity of services, and other relevant metrics between
individuals who entered into the Acute Hospital Care at Home
initiative directly from an emergency department compared
with individuals who entered into the Acute Hospital Care at
Home initiative directly from an existing inpatient stay in a
hospital.
``(2) Selection bias.--In conducting the study under
paragraph (1), the Secretary shall, to the extent
practicable, analyze and compare individuals who participate
and do not participate in the initiative controlling for
selection bias or other factors that may impact the
reliability of data.
``(3) Report.--Not later than September 30, 2029, the
Secretary of Health and Human Services shall--
``(A) submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate a report on the study conducted under paragraph (1);
and
``(B) make such report publicly available on a website of
the Centers for Medicare & Medicaid Services.
``(4) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account for fiscal year 2026, out
of any amounts in the Treasury not otherwise appropriated,
$2,500,000, to remain available until expended, for purposes
of carrying out this section.''; and
(5) in subsection (e), as redesignated by paragraph (3), by
striking ``and (b)(1)'' and inserting ``, (b)(1), and
(c)(1)''.
SEC. 6211. IN-HOME CARDIOPULMONARY REHABILITATION
FLEXIBILITY.
(a) In General.--Section 1861(eee)(2)(A)(ii) of the Social
Security Act (42 U.S.C. 1395x(eee)(2)(A)(ii)) is amended by
inserting ``(including, with respect to items and services
furnished through audio and video real-time communications
technology (excluding audio-only) on or after January 31,
2026, and before January 1, 2028, in the home of an
individual who is an outpatient of the hospital)'' after
``outpatient basis''.
(b) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendment made by subsection (a) by program instruction
or otherwise.
SEC. 6212. ENHANCING CERTAIN PROGRAM INTEGRITY REQUIREMENTS
FOR DME UNDER MEDICARE.
(a) Durable Medical Equipment.--
(1) In general.--Section 1834(a) of the Social Security Act
(42 U.S.C. 1395m(a)) is amended by adding at the end the
following new paragraph:
``(23) Master list inclusion and claim review for certain
items.--
``(A) Master list inclusion.--Beginning January 1, 2029,
for purposes of the Master List described in section
414.234(b) of title 42, Code of Federal Regulations (or any
successor regulation), in determining which items have
aberrant billing patterns (as such term is used for purposes
of such section), the Secretary shall also treat an item for
which payment may be made under this subsection as having
such an aberrant billing pattern if the Secretary determines
that, without explanatory contributing factors (such as
furnishing emergent care services), a substantial number of
claims for such items under this subsection are for such
items ordered by a physician or practitioner who has not
previously (during a period of not less than 24 months, as
established by the Secretary) furnished to the individual
involved any item or service for which payment may be made
under this title.
``(B) Claim review.--With respect to items furnished on or
after January 1, 2029, that are included on the Master List
pursuant to subparagraph (A), if such an item is not subject
to a determination of coverage in advance pursuant to
paragraph (15)(C), the Secretary may conduct prepayment
review of claims for payment for such item.''.
(2) Conforming amendment for prosthetic devices, orthotics,
and prosthetics.--Section 1834(h)(3) of the Social Security
Act (42 U.S.C. 1395m(h)(3)) is amended by inserting ``, and
paragraph (23) of subsection (a) shall apply to prosthetic
devices, orthotics, and prosthetics in the same manner as
such provision applies to items for which payment may be made
under such subsection'' before the period at the end.
(b) Report on Identifying Clinical Diagnostic Laboratory
Tests at High Risk for Fraud and Effective Mitigation
Measures.--Not later than January 1, 2028, the Inspector
General of the Department of Health and Human Services shall
submit to Congress a report assessing fraud risks relating to
clinical diagnostic laboratory tests for which payment may be
made under section 1834A of the Social Security Act (42
U.S.C. 1395m-1) and effective tools for reducing such
fraudulent claims. The report may include, at the Inspector
General's discretion--
(1) which, if any, clinical diagnostic laboratory tests are
identified as being at high risk of fraudulent claims, and an
analysis of the factors that contribute to such risk;
(2) with respect to a clinical diagnostic laboratory test
identified under paragraph (1) as being at high risk of
fraudulent claims--
(A) the amount payable under such section 1834A with
respect to such test;
(B) the number of such tests furnished to individuals
enrolled under part B of title XVIII of the Social Security
Act (42 U.S.C. 1395j et seq.);
(C) whether an order for such a test was more likely to
come from a provider with whom the individual involved did
not have a prior relationship, as determined on the basis of
prior payment experience; and
(D) the frequency with which a claim for payment under such
section 1834A included the payment modifier identified by
code 59 or 91; and
(3) suggested strategies for reducing the number of
fraudulent claims made with respect to tests so identified as
being at high risk, including--
(A) an analysis of whether the Centers for Medicare &
Medicaid Services can detect aberrant billing patterns with
respect to such tests in a timely manner;
(B) any strategies for identifying and monitoring the
providers who are outliers with respect to the number of such
tests that such providers order; and
(C) targeted education efforts to mitigate improper billing
for such tests; and
(4) such other information as the Inspector General
determines appropriate.
(c) Funding.--In addition to amounts otherwise available,
there is appropriated to the Inspector General of the
Department of Health and Human Services, out of any money in
the Treasury not otherwise appropriated, $1,200,000 for
fiscal year 2026, to remain available until expended, to
carry out this section.
SEC. 6213. GUIDANCE ON FURNISHING SERVICES VIA TELEHEALTH TO
INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY.
(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary of Health and Human
Services, in consultation with 1 or more entities from each
of the categories described in paragraphs (1) through (7) of
subsection (b), shall issue and disseminate, or update and
revise as applicable, guidance for the entities described in
such subsection on the following:
(1) Best practices on facilitating and integrating use of
interpreters during a telemedicine appointment.
(2) Best practices on providing accessible instructions on
how to access telecommunications systems (as such term is
used for purposes of section 1834(m) of the Social Security
Act (42 U.S.C. 1395m(m)) for individuals with limited English
proficiency.
(3) Best practices on improving access to digital patient
portals for individuals with limited English proficiency.
(4) Best practices on integrating the use of video
platforms that enable multi-person video calls furnished via
a telecommunications system for purposes of providing
interpretation during a telemedicine appointment for an
individual with limited English proficiency.
(5) Best practices for providing patient materials,
communications, and instructions in multiple languages,
including text message appointment reminders and prescription
information.
(b) Entities Described.--For purposes of subsection (a), an
entity described in this subsection is an entity in 1 or more
of the following categories:
(1) Health information technology service providers,
including--
(A) electronic medical record companies;
(B) remote patient monitoring companies; and
(C) telehealth or mobile health vendors and companies.
(2) Health care providers, including--
(A) physicians; and
(B) hospitals.
(3) Health insurers.
(4) Language service companies.
(5) Interpreter or translator professional associations.
(6) Health and language services quality certification
organizations.
(7) Patient and consumer advocates, including such
advocates that work with individuals with limited English
proficiency.
SEC. 6214. INCLUSION OF VIRTUAL DIABETES PREVENTION PROGRAM
SUPPLIERS IN MDPP EXPANDED MODEL.
(a) In General.--For the period beginning on January 1,
2026, and ending on December 31, 2029--
(1) an entity may participate in the MDPP by offering only
MDPP services via distance learning or online delivery
modalities if such entity meets the conditions for enrollment
as an MDPP supplier;
(2) if an entity participates in the MDPP in the manner
described in paragraph (1), in the case of online MDPP
services furnished by such entity to an MDPP beneficiary who
was not located in the same State as the entity at the time
such services were furnished, the entity shall not be
prohibited from submitting a claim for payment for such
services solely by reason of the location of such beneficiary
at such time; and
(3) no limit is applied on the number of times an
individual may enroll in the MDPP.
[[Page H1275]]
(b) Definitions.--In this section:
(1) MDPP.--The term ``MDPP'' means the Medicare Diabetes
Prevention Program (as such term is defined in section
410.79(b) of title 42, Code of Federal Regulations).
(2) Regulatory terms.--The terms ``distance learning'',
``MDPP beneficiary'', ``MDPP services'', ``MDPP supplier'',
and ``online'' have the meanings given such terms in section
410.79(b) of title 42, Code of Federal Regulations.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(c) Implementation.--Notwithstanding any other provision of
law, the Secretary may implement this section by program
instruction or otherwise.
SEC. 6215. MEDICATION-INDUCED MOVEMENT DISORDER OUTREACH AND
EDUCATION.
Not later than January 1, 2028, the Secretary of Health and
Human Services shall use existing communications mechanisms
to provide education and outreach to physicians and
appropriate non-physician practitioners participating under
the Medicare program under title XVIII of the Social Security
Act (42 U.S.C. 1395 et seq.) with respect to periodic
screening for medication-induced movement disorders that are
associated with the treatment of mental health disorders in
at-risk patients, as well as resources related to clinical
guidelines and best practices for furnishing such screening
services through telehealth. Such education and outreach
shall include information on how to account for such
screening services in evaluation and management code
selection. The Secretary shall, to the extent practicable,
seek input from relevant stakeholders to inform such
education and outreach. Such education and outreach may also
address other relevant screening services furnished through
telehealth, as the Secretary determines appropriate.
SEC. 6216. REPORT ON WEARABLE MEDICAL DEVICES.
Not later than 18 months after the date of the enactment of
this Act, the Comptroller General of the United States shall
conduct a technology assessment of, and submit to Congress a
report on, the capabilities and limitations of wearable
medical devices used to support clinical decision-making.
Such report shall include a description of--
(1) the potential for such devices to accurately prescribe
treatments;
(2) an examination of the benefits and challenges of
artificial intelligence to augment such capabilities; and
(3) policy options to enhance the benefits and mitigate
potential challenges of developing or using such devices.
SEC. 6217. EXTENSION OF TEMPORARY INCLUSION OF AUTHORIZED
ORAL ANTIVIRAL DRUGS AS COVERED PART D DRUGS.
Section 1860D-2(e)(1)(C) of the Social Security Act (42
U.S.C. 1395w-102(e)(1)(C)) is amended by striking ``January
30, 2026'' and inserting ``December 31, 2026''.
SEC. 6218. EXTENSION OF ADJUSTMENT TO CALCULATION OF HOSPICE
CAP AMOUNT UNDER MEDICARE.
Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
1395f(i)(2)(B)) is amended--
(1) in clause (ii), by striking ``2033'' and inserting
``2035''; and
(2) in clause (iii), by striking ``2033'' and inserting
``2035''.
SEC. 6219. ADJUSTMENTS TO MEDICARE PART D COST-SHARING
REDUCTIONS FOR LOW-INCOME INDIVIDUALS.
Section 1860D-14(a) of the Social Security Act (42 U.S.C.
1395w-114(a)) is amended--
(1) in paragraph (1)(D)(ii), by striking ``that does not
exceed $1 for'' and all that follows through the period at
the end and inserting "that does not exceed-- ``
``(I) for a plan year before 2028--
``(aa) for a generic drug or a preferred drug that is a
multiple source drug (as defined in section
1927(k)(7)(A)(i)), $1 or, if less, the copayment amount
applicable to an individual under clause (iii); and
``(bb) for any other drug, $3 or, if less, the copayment
amount applicable to an individual under clause (iii); and
``(II) for plan year 2028 and each subsequent plan year--
``(aa) for a generic drug, $0;
``(bb) for a preferred drug that is a multiple source drug
(as defined in section 1927(k)(7)(A)(i)), the dollar amount
applied under this clause for such a drug for the preceding
plan year, increased by the annual percentage increase in the
consumer price index (all items; U.S. city average) as of
September of such preceding year, or, if less, the copayment
amount applicable to an individual under clause (iii); and
``(cc) for a drug not described in either item (aa) or
(bb), the dollar amount applied under this clause for such a
drug for the preceding plan year, increased in the manner
specified in item (bb), or, if less, the copayment amount
applicable to an individual under clause (iii).
Any amount established under item (bb) or (cc) of subclause
(II), that is based on an increase of $1 or $3, that is not a
multiple of 5 cents or 10 cents, respectively, shall be
rounded to the nearest multiple of 5 cents or 10 cents,
respectively.''; and
(2) in paragraph (4)(A)(ii), by inserting ``(before 2028)''
after ``a subsequent year''.
SEC. 6220. REQUIRING ENHANCED AND ACCURATE LISTS OF (REAL)
HEALTH PROVIDERS ACT.
(a) In General.--Section 1852(c) of the Social Security Act
(42 U.S.C. 1395w-22(c)) is amended--
(1) in paragraph (1)(C)--
(A) by striking ``plan, and any'' and inserting ``plan,
any''; and
(B) by inserting the following before the period: ``, and,
in the case of a specified MA plan (as defined in paragraph
(3)(C)), for plan year 2028 and subsequent plan years, the
information described in paragraph (3)(B)''; and
(2) by adding at the end the following new paragraph:
``(3) Provider directory accuracy.--
``(A) In general.--For plan year 2028 and subsequent plan
years, each MA organization offering a specified MA plan (as
defined in subparagraph (C)) shall, for each such plan
offered by the organization--
``(i) maintain, on a publicly available internet website,
an accurate provider directory that includes the information
described in subparagraph (B);
``(ii) not less frequently than once every 90 days (or, in
the case of a hospital or any other facility determined
appropriate by the Secretary, at a lesser frequency specified
by the Secretary but in no case less frequently than once
every 12 months), verify the provider directory information
of each provider listed in such directory and, if applicable,
update such information;
``(iii) if the organization is unable to verify such
information with respect to a provider, include in such
directory an indication that the information of such provider
may not be up to date; and
``(iv) remove a provider from such directory within 5
business days if the organization determines that the
provider is no longer a provider participating in the network
of such plan.
``(B) Provider directory information.--The information
described in this subparagraph is information enrollees may
need to access covered benefits from a provider with which
such organization offering such plan has an agreement for
furnishing items and services covered under such plan, such
as name, specialty, contact information, primary office or
facility addresses where items or services are furnished,
whether the provider is accepting new patients,
accommodations for people with disabilities, cultural and
linguistic capabilities, and telehealth capabilities.
``(C) Specified ma plan.--In this paragraph, the term
`specified MA plan' means--
``(i) a network-based plan (as defined in subsection
(d)(5)(C)); or
``(ii) a Medicare Advantage private fee-for-service plan
(as defined in section 1859(b)(2)) that meets the access
standards under subsection (d)(4), in whole or in part,
through entering into contracts or agreements as provided for
under subparagraph (B) of such subsection.''.
(b) Accountability for Provider Directory Accuracy.--
(1) Cost sharing for services furnished based on reliance
on incorrect provider directory information.--Section 1852(d)
of the Social Security Act (42 U.S.C. 1395w-22(d)) is
amended--
(A) in paragraph (1)(C)--
(i) in clause (ii), by striking ``or'' at the end;
(ii) in clause (iii), by striking the semicolon at the end
and inserting ``, or''; and
(iii) by adding at the end the following new clause:
``(iv) for plan year 2028 and subsequent plan years, in the
case of a specified MA plan (as defined in subsection
(c)(3)(C)), the services were furnished by a provider that
was not participating in the network of such plan but was
listed in the provider directory of such plan on the date on
which the appointment was made, as described in paragraph
(7)(A);''; and
(B) by adding at the end the following new paragraph:
``(7) Cost sharing for services furnished based on reliance
on incorrect provider directory information.--
``(A) In general.--For plan year 2028 and subsequent plan
years, if an enrollee in a specified MA plan (as defined in
subsection (c)(3)(C)) is furnished an item or service by a
provider that is not participating in the network of such
plan but is listed in the provider directory of such plan (as
required to be provided to an enrollee pursuant to subsection
(c)(1)(C)) on the date on which the appointment is made, and
if such item or service would otherwise be covered under such
plan if furnished by a provider that is participating in the
network of such plan, the MA organization offering such plan
shall ensure that the enrollee is only responsible for the
lesser of--
``(i) the amount of cost sharing that would apply if such
provider had been participating in the network of such plan;
or
``(ii) the amount of cost sharing that would otherwise
apply (without regard to this subparagraph).
``(B) Notification requirement.--For plan year 2028 and
subsequent plan years, each MA organization that offers a
specified MA plan shall--
``(i) notify enrollees of their cost-sharing protections
under this paragraph and make such notifications, to the
extent practicable, by not later than the first day of an
annual, coordinated election period under section 1851(e)(3)
with respect to a year;
``(ii) include information regarding such cost-sharing
protections in the provider directory of each specified MA
plan offered by the MA organization.; and
``(iii) notify enrollees of their cost-sharing protections
under this paragraph in the first
[[Page H1276]]
explanation of benefits issued in a plan year.''.
(2) Required provider directory accuracy analysis and
reports.--
(A) In general.--Section 1857(e) of the Social Security Act
(42 U.S.C. 1395w-27(e)) is amended by adding at the end the
following new paragraph:
``(6) Provider directory accuracy analysis and reports.--
``(A) In general.--Beginning with plan years beginning on
or after January 1, 2028, subject to subparagraph (C), a
contract under this section with an MA organization shall
require the organization, for each specified MA plan (as
defined in section 1852(c)(3)(C)) offered by the
organization, to annually do the following:
``(i) Conduct an analysis estimating the accuracy of the
provider directory information of such plan using a random
sample of providers included in such provider directory as
follows:
``(I) Such a random sample shall include a random sample of
each specialty of providers with a high inaccuracy rate of
provider directory information relative to other specialties
of providers, as determined by the Secretary.
``(II) For purposes of subclause (I), one type of specialty
may be providers specializing in mental health or substance
use disorder treatment.
``(ii) Submit to the Secretary a report containing the
results of the analysis conducted under clause (i), including
an accuracy score for such provider directory information (as
determined using a plan verification method specified by the
Secretary under subparagraph (B)(i)).
``(B) Determination of accuracy score.--
``(i) In general.--The Secretary shall specify plan
verification methods, such as using telephonic verification
or other approaches using data sources maintained by an MA
organization or using publicly available data sets, that MA
organizations may use for estimating accuracy scores of the
provider directory information of specified MA plans offered
by such organizations.
``(ii) Accuracy score methodology.--With respect to each
such method specified by the Secretary as described in clause
(i), the Secretary shall specify a methodology for MA
organizations to use in estimating such accuracy scores. Each
such methodology shall take into account the administrative
burden on plans and providers and the relative importance of
certain provider directory information on enrollee ability to
access care.
``(C) Exception.--The Secretary may waive the requirements
of this paragraph in the case of a specified MA plan with low
enrollment (as defined by the Secretary).
``(D) Transparency.--Beginning with plan years beginning on
or after January 1, 2029, the Secretary shall post accuracy
scores (as reported under subparagraph (A)(ii)), in a machine
readable file, on an internet website maintained by the
Centers for Medicare & Medicaid Services.''.
(B) Provision of information to beneficiaries.--Section
1851(d)(4) of the Social Security Act (42 U.S.C. 1395w-
21(d)(4)) is amended by adding at the end the following new
subparagraph:
``(F) Provider directory.--Beginning with plan years
beginning on or after January 1, 2029, in the case of a
specified MA plan (as defined in section 1852(c)(3)(C)), the
accuracy score of the plan's provider directory (as reported
under section 1857(e)(6)(A)(ii)) listed prominently on the
plan's provider directory.''.
(C) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account, out of any money in the
Treasury not otherwise appropriated, $4,000,000 for fiscal
year 2026, to remain available until expended, to carry out
the amendments made by this paragraph.
(3) GAO study and report.--
(A) Analysis.--The Comptroller General of the United States
(in this paragraph referred to as the ``Comptroller
General'') shall conduct a study of the implementation of the
amendments made by paragraphs (1) and (2). To the extent data
are available and reliable, such study shall include an
analysis of--
(i) the use of cost-sharing protections required under
section 1852(d)(7)(A) of the Social Security Act, as added by
paragraph (1);
(ii) the trends in provider directory information accuracy
scores submitted to the Secretary of Health and Human
Services under section 1857(e)(6)(A)(ii) of the Social
Security Act (as added by paragraph (2)(A)), both overall and
among providers specializing in mental health or substance
use disorder treatment;
(iii) provider response rates by plan verification methods;
(iv) administrative costs to providers and Medicare
Advantage organizations; and
(v) other items determined appropriate by the Comptroller
General.
(B) Report.--Not later than January 15, 2033, the
Comptroller General shall submit to Congress a report
containing the results of the study conducted under
subparagraph (A), together with recommendations for such
legislation and administrative action as the Comptroller
General determines appropriate.
(c) Guidance on Maintaining Accurate Provider
Directories.--
(1) Stakeholder meeting.--
(A) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this subsection as the
``Secretary'') shall hold a public meeting to receive input
on approaches for maintaining accurate provider directories
for Medicare Advantage plans under part C of title XVIII of
the Social Security Act (42 U.S.C. 1395w-21 et seq.),
including input on approaches for reducing administrative
burden, such as data standardization, and best practices to
maintain accurate provider directory information.
(B) Participants.--Participants of the meeting under
subparagraph (A) shall include representatives from the
Centers for Medicare & Medicaid Services and the Assistant
Secretary for Technology Policy and Office of the National
Coordinator for Health Information Technology. Such meeting
shall be open to the public. To the extent practicable, the
Secretary shall include health care providers, companies that
specialize in relevant technologies, health insurers, and
patient advocates.
(2) Guidance to medicare advantage organizations.--Not
later than 18 months after the date of enactment of this Act,
the Secretary shall issue guidance to Medicare Advantage
organizations offering Medicare Advantage plans under part C
of title XVIII of the Social Security Act (42 U.S.C. 1395w-21
et seq.) on maintaining accurate provider directories for
such plans, taking into consideration input received during
the stakeholder meeting under paragraph (1). Such guidance
may include the following, as determined appropriate by the
Secretary:
(A) Best practices for Medicare Advantage organizations on
how to work with providers to maintain the accuracy of
provider directories and reduce provider and Medicare
Advantage organization burden with respect to maintaining the
accuracy of provider directories.
(B) Information on data sets and data sources with
information that could be used by Medicare Advantage
organizations to maintain accurate provider directories.
(C) Approaches for utilizing data sources maintained by
Medicare Advantage organizations and publicly available data
sets to maintain accurate provider directories.
(D) Information that may be useful to include in provider
directories for Medicare beneficiaries to use in assessing
plan networks when selecting a plan and accessing providers
participating in plan networks during the plan year.
(3) Guidance to part b providers.--Not later than 12 months
after the date of enactment of this Act, the Secretary shall
issue guidance to providers of services and suppliers who
furnish items or services for which benefits are available
under part B of title XVIII of the Social Security Act (42
U.S.C. 1395j et seq.) on when to update the National Plan and
Provider Enumeration System (or a successor system) for
information changes.
SEC. 6221. MEDICARE COVERAGE OF MULTI-CANCER EARLY DETECTION
SCREENING TESTS.
(a) Coverage.--Section 1861 of the Social Security Act (42
U.S.C. 1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking the semicolon at the end of subparagraph
(JJ) and inserting ``; and''; and
(B) by adding at the end the following new subparagraph:
``(KK) multi-cancer early detection screening tests (as
defined in subsection (nnn));''; and
(2) by adding at the end the following new subsection:
``(nnn) Multi-cancer Early Detection Screening Tests.--
``(1) In general.--The term `multi-cancer early detection
screening test' means a test furnished to an individual for
the concurrent detection of multiple cancer types across
multiple organ sites on or after January 1, 2029, that--
``(A) is cleared under section 510(k), classified under
section 513(f)(2), or approved under section 515 of the
Federal Food, Drug, and Cosmetic Act;
``(B) is--
``(i) a genomic sequencing blood or blood product test that
includes the analysis of cell-free nucleic acids; or
``(ii) a test based on samples of biological material that
provide results comparable to those obtained with a test
described in clause (i), as determined by the Secretary; and
``(C) the Secretary determines is--
``(i) reasonable and necessary for the prevention or early
detection of an illness or disability; and
``(ii) appropriate for individuals entitled to benefits
under part A or enrolled under part B.
``(2) NCD process.--In making determinations under
paragraph (1)(C) regarding the coverage of a new test, the
Secretary shall use the process for making national coverage
determinations (as defined in section 1869(f)(1)(B)) under
this title.''.
(b) Payment and Standards for Multi-cancer Early Detection
Screening Tests.--
(1) In general.--Section 1834 of the Social Security Act
(42 U.S.C. 1395m) is amended by adding at the end the
following new subsection:
``(aa) Payment and Standards for Multi-cancer Early
Detection Screening Tests.--
``(1) Payment amount.--The payment amount for a multi-
cancer early detection screening test (as defined in section
1861(nnn)) is--
``(A) with respect to such a test furnished before January
1, 2031, equal to the payment
[[Page H1277]]
amount in effect on the date of the enactment of this
subsection for a multi-target stool screening DNA test
covered pursuant to section 1861(pp)(1)(D); and
``(B) with respect to such a test furnished on or after
January 1, 2031, equal to the lesser of--
``(i) the amount described in subparagraph (A); or
``(ii) the payment amount determined for such test under
section 1834A.
``(2) Limitations.--
``(A) In general.--No payment may be made under this part
for a multi-cancer early detection screening test furnished
during a year to an individual if--
``(i) such individual--
``(I) is under 50 years of age; or
``(II) as of January 1 of such year, has attained the age
specified in subparagraph (B) for such year; or
``(ii) such a test was furnished to the individual during
the previous 11 months.
``(B) Age specified.--For purposes of subparagraph
(A)(i)(II), the age specified in this subparagraph is--
``(i) for 2029, 65 years of age; and
``(ii) for a succeeding year, the age specified in this
subparagraph for the preceding year, increased by 1 year.
``(C) Standards following uspstf rating of a or b.--In the
case of a multi-cancer early detection screening test that is
recommended with a grade of A or B by the United States
Preventive Services Task Force, beginning on the date on
which coverage for such test is provided pursuant to section
1861(ddd)(1), the preceding provisions of this paragraph
shall not apply.''.
(2) Conforming amendments.--
(A) Section 1833 of the Social Security Act (42 U.S.C.
1395l) is amended--
(i) in subsection (a)--
(I) in paragraph (1)(D)(i)(I), by striking ``section
1834(d)(1)'' and inserting ``subsection (d)(1) or (aa) of
section 1834''; and
(II) in paragraph (2)(D)(i)(I), by striking ``section
1834(d)(1)'' and inserting ``subsection (d)(1) or (aa) of
section 1834''; and
(ii) in subsection (h)(1)(A), by striking ``section
1834(d)(1)'' and inserting ``subsections (d)(1) and (aa) of
section 1834''.
(B) Section 1862(a)(1)(A) of the Social Security Act (42
U.S.C. 1395y(a)(1)(A)) is amended--
(i) by striking ``or additional preventive services'' and
inserting ``, additional preventive services''; and
(ii) by inserting ``, or multi-cancer early detection
screening tests (as defined in section 1861(nnn))'' after
``(as described in section 1861(ddd)(1))''.
(c) Rule of Construction Relating to Other Cancer Screening
Tests.--Nothing in this section, including the amendments
made by this section, shall be construed--
(1) in the case of an individual who undergoes a multi-
cancer early detection screening test, to affect coverage
under part B of title XVIII of the Social Security Act for
other cancer screening tests covered under such title, such
as screening tests for breast, cervical, colorectal, lung, or
prostate cancer; or
(2) in the case of an individual who undergoes another
cancer screening test, to affect coverage under such part for
a multi-cancer early detection screening test or the use of
such a test as a diagnostic or confirmatory test for a result
of the other cancer screening test.
(d) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account, out of any money in the
Treasury not otherwise appropriated, $2,000,000 for fiscal
year 2026, to remain available until expended, to carry out
this section.
SEC. 6222. MEDICARE COVERAGE OF EXTERNAL INFUSION PUMPS AND
NON-SELF-ADMINISTRABLE HOME INFUSION DRUGS.
(a) In General.--Section 1861(n) of the Social Security Act
(42 U.S.C. 1395x(n)) is amended by adding at the end the
following new sentence: ``Beginning with the first calendar
quarter beginning on or after the date that is 1 year after
the date of the enactment of this sentence, an external
infusion pump and associated home infusion drug (as defined
in subsection (iii)(3)(C)) or other associated supplies that
do not meet the appropriate for use in the home requirement
applied to the definition of durable medical equipment under
section 414.202 of title 42, Code of Federal Regulations (or
any successor to such regulation) shall be treated as meeting
such requirement if each of the following criteria is
satisfied:
``(1) The prescribing information approved by the Food and
Drug Administration for the home infusion drug associated
with the pump instructs that the drug should be administered
by or under the supervision of a health care professional.
``(2) A qualified home infusion therapy supplier (as
defined in subsection (iii)(3)(D)) administers or supervises
the administration of the drug or biological in a safe and
effective manner in the patient's home (as defined in
subsection (iii)(3)(B)).
``(3) The prescribing information described in paragraph
(1) instructs that the drug should be infused at least 12
times per year--
``(A) intravenously or subcutaneously; or
``(B) at infusion rates that the Secretary determines would
require the use of an external infusion pump.''.
(b) Cost Sharing Notification.--The Secretary of Health and
Human Services shall ensure that patients are notified of the
cost sharing for electing home infusion therapy compared to
other applicable settings of care for the furnishing of
infusion drugs under the Medicare program.
SEC. 6223. ASSURING PHARMACY ACCESS AND CHOICE FOR MEDICARE
BENEFICIARIES.
(a) In General.--Section 1860D-4(b)(1) of the Social
Security Act (42 U.S.C. 1395w-104(b)(1)) is amended by
striking subparagraph (A) and inserting the following:
``(A) In general.--
``(i) Participation of any willing pharmacy.--A PDP sponsor
offering a prescription drug plan shall permit any pharmacy
that meets the standard contract terms and conditions under
such plan to participate as a network pharmacy of such plan.
``(ii) Contract terms and conditions.--
``(I) In general.--Notwithstanding any other provision of
law, for plan years beginning on or after January 1, 2029, in
accordance with clause (i), contract terms and conditions
offered by such PDP sponsor shall be reasonable and relevant
according to standards established by the Secretary under
subclause (II).
``(II) Standards.--Not later than the first Monday in April
of 2028, the Secretary shall establish standards for
reasonable and relevant contract terms and conditions for
purposes of this clause.
``(III) Request for information.--Not later than April 1,
2027, for purposes of establishing the standards under
subclause (II), the Secretary shall issue a request for
information to seek input on trends in prescription drug plan
and network pharmacy contract terms and conditions, current
prescription drug plan and network pharmacy contracting
practices, whether pharmacy reimbursement and dispensing fees
paid by PDP sponsors to network pharmacies sufficiently cover
the ingredient and operational costs of such pharmacies, the
use and application of pharmacy quality measures by PDP
sponsors for network pharmacies, PDP sponsor restrictions or
limitations on the dispensing of covered part D drugs by
network pharmacies (or any subsets of such pharmacies), PDP
sponsor auditing practices for network pharmacies, areas in
current regulations or program guidance related to
contracting between prescription drug plans and network
pharmacies requiring clarification or additional specificity,
factors for consideration in determining the reasonableness
and relevance of contract terms and conditions between
prescription drug plans and network pharmacies, and other
issues as determined appropriate by the Secretary.''.
(b) Essential Retail Pharmacies.--Section 1860D-42 of the
Social Security Act (42 U.S.C. 1395w-152) is amended by
adding at the end the following new subsection:
``(e) Essential Retail Pharmacies.--
``(1) In general.--With respect to plan years beginning on
or after January 1, 2028, the Secretary shall publish
reports, at least once every 2 years until 2034, and
periodically thereafter, that provide information, to the
extent feasible, on--
``(A) trends in ingredient cost reimbursement, dispensing
fees, incentive payments and other fees paid by PDP sponsors
offering prescription drug plans and MA organizations
offering MA-PD plans under this part to essential retail
pharmacies (as defined in paragraph (2)) with respect to the
dispensing of covered part D drugs, including a comparison of
such trends between essential retail pharmacies and
pharmacies that are not essential retail pharmacies;
``(B) trends in amounts paid to PDP sponsors offering
prescription drug plans and MA organizations offering MA-PD
plans under this part by essential retail pharmacies with
respect to the dispensing of covered part D drugs, including
a comparison of such trends between essential retail
pharmacies and pharmacies that are not essential retail
pharmacies;
``(C) trends in essential retail pharmacy participation in
pharmacy networks and preferred pharmacy networks for
prescription drug plans offered by PDP sponsors and MA-PD
plans offered by MA organizations under this part, including
a comparison of such trends between essential retail
pharmacies and pharmacies that are not essential retail
pharmacies;
``(D) trends in the number of essential retail pharmacies,
including variation in such trends by geographic region or
other factors;
``(E) a comparison of cost-sharing for covered part D drugs
dispensed by essential retail pharmacies that are network
pharmacies for prescription drug plans offered by PDP
sponsors and MA-PD plans offered by MA organizations under
this part and cost-sharing for covered part D drugs dispensed
by other network pharmacies for such plans located in similar
geographic areas that are not essential retail pharmacies;
``(F) a comparison of the volume of covered part D drugs
dispensed by essential retail pharmacies that are network
pharmacies for prescription drug plans offered by PDP
sponsors and MA-PD plans offered by MA organizations under
this part and such volume of dispensing by network pharmacies
for such plans located in similar geographic areas that are
not essential retail pharmacies, including information on any
patterns or trends in such comparison specific to certain
types of covered part D drugs, such as generic drugs or drugs
specified as specialty drugs by a PDP sponsor under a
prescription drug plan or an MA organization under an MA-PD
plan; and
[[Page H1278]]
``(G) a comparison of the information described in
subparagraphs (A) through (F) between essential retail
pharmacies that are network pharmacies for prescription drug
plans offered by PDP sponsors under this part and essential
retail pharmacies that are network pharmacies for MA-PD plans
offered by MA organizations under this part.
``(2) Definition of essential retail pharmacy.--In this
subsection, the term `essential retail pharmacy' means, with
respect to a plan year, a retail pharmacy that--
``(A) is not a pharmacy that is an affiliate as defined in
paragraph (4); and
``(B) is located in--
``(i) a rural area in which there is no other retail
pharmacy within 10 miles, as determined by the Secretary;
``(ii) a suburban area in which there is no other retail
pharmacy within 2 miles, as determined by the Secretary; or
``(iii) an urban area in which there is no other retail
pharmacy within 1 mile, as determined by the Secretary.
``(3) List of essential retail pharmacies.--
``(A) Publication of list of essential retail pharmacies.--
For each plan year (beginning with plan year 2028), the
Secretary shall publish, on a publicly available internet
website of the Centers for Medicare & Medicaid Services, a
list of retail pharmacies that meet the criteria described in
subparagraphs (A) and (B) of paragraph (2) to be considered
an essential retail pharmacy.
``(B) Required submissions from pdp sponsors.--For each
plan year (beginning with plan year 2028), each PDP sponsor
offering a prescription drug plan and each MA organization
offering an MA-PD plan shall submit to the Secretary, for the
purposes of determining retail pharmacies that meet the
criterion specified in subparagraph (A) of paragraph (2), a
list of retail pharmacies that are affiliates of such sponsor
or organization, or are affiliates of a pharmacy benefit
manager acting on behalf of such sponsor or organization, at
a time, and in a form and manner, specified by the Secretary.
``(C) Reporting by pdp sponsors and ma organizations.--For
each plan year beginning with plan year 2027, each PDP
sponsor offering a prescription drug plan and each MA
organization offering an MA-PD plan under this part shall
submit to the Secretary information on incentive payments and
other fees paid by such sponsor or organization to
pharmacies, insofar as any such payments or fees are not
otherwise reported, at a time, and in a form and manner,
specified by the Secretary.
``(D) Implementation.--Notwithstanding any other provision
of law, the Secretary may implement this paragraph by program
instruction or otherwise.
``(E) Nonapplication of paperwork reduction act.--Chapter
35 of title 44, United States Code, shall not apply to the
implementation of this paragraph.
``(4) Definition of affiliate; pharmacy benefit manager.--
In this subsection, the terms `affiliate' and `pharmacy
benefit manager' have the meaning given those terms in
section 1860D-12(h)(7).''.
(c) Enforcement.--
(1) In general.--Section 1860D-4(b)(1) of the Social
Security Act (42 U.S.C. 1395w-104(b)(1)) is amended by adding
at the end the following new subparagraph:
``(F) Enforcement of standards for reasonable and relevant
contract terms and conditions.--
``(i) Allegation submission process.--
``(I) In general.--Not later than January 1, 2029, the
Secretary shall establish a process through which a pharmacy
may submit to the Secretary an allegation of a violation by a
PDP sponsor offering a prescription drug plan of the
standards for reasonable and relevant contract terms and
conditions under subparagraph (A)(ii), or of subclause (VIII)
of this clause.
``(II) Frequency of submission.--
``(aa) In general.--Except as provided in item (bb), the
allegation submission process under this clause shall allow
pharmacies to submit any allegations of violations described
in subclause (I) not more frequently than once per plan year
per contract between a pharmacy and a PDP sponsor.
``(bb) Allegations relating to contract modifications.--In
the case where a contract between a pharmacy and a PDP
sponsor is modified following the submission of allegations
by a pharmacy with respect to such contract and plan year,
the allegation submission process under this clause shall
allow such pharmacy to submit an additional allegation
related to those modifications with respect to such contract
and plan year.
``(III) Access to relevant documents and materials.--A PDP
sponsor subject to an allegation under this clause--
``(aa) shall provide documents or materials, as specified
by the Secretary, including contract offers made by such
sponsor to such pharmacy or correspondence related to such
offers, to the Secretary at a time, and in a form and manner,
specified by the Secretary; and
``(bb) shall not prohibit or otherwise limit the ability of
a pharmacy to submit such documents or materials to the
Secretary for the purpose of submitting an allegation or
providing evidence for such an allegation under this clause.
``(IV) Standardized template.--The Secretary shall
establish a standardized template for pharmacies to use for
the submission of allegations described in subclause (I).
Such template shall require that the submission include a
certification by the pharmacy that the information included
is accurate, complete, and true to the best of the knowledge,
information, and belief of such pharmacy.
``(V) Preventing frivolous allegations.--In the case where
the Secretary determines that a pharmacy has submitted
frivolous allegations under this clause on a routine basis,
the Secretary may temporarily prohibit such pharmacy from
using the allegation submission process under this clause, as
determined appropriate by the Secretary.
``(VI) Exemption from freedom of information act.--
Allegations submitted under this clause shall be exempt from
disclosure under section 552 of title 5, United States Code.
``(VII) Rule of construction.--Nothing in this clause shall
be construed as limiting the ability of a pharmacy to pursue
other legal actions or remedies, consistent with applicable
Federal or State law, with respect to a potential violation
of a requirement described in this subparagraph.
``(VIII) Anti-retaliation and anti-coercion.--Consistent
with applicable Federal or State law, a PDP sponsor shall
not--
``(aa) retaliate against a pharmacy for submitting any
allegations under this clause; or
``(bb) coerce, intimidate, threaten, or interfere with the
ability of a pharmacy to submit any such allegations.
``(ii) Investigation.--The Secretary shall investigate, as
determined appropriate by the Secretary, allegations
submitted pursuant to clause (i).
``(iii) Enforcement.--
``(I) In general.--In the case where the Secretary
determines that a PDP sponsor offering a prescription drug
plan has violated the standards for reasonable and relevant
contract terms and conditions under subparagraph (A)(ii) or
the provisions of clause (i)(VIII) of this subparagraph, the
Secretary may use authorities under sections 1857(g) and
1860D-12(b)(3)(E) to impose civil monetary penalties or other
intermediate sanctions.
``(II) Application of civil monetary penalties.--The
provisions of section 1128A (other than subsections (a) and
(b)) shall apply to a civil monetary penalty under this
clause in the same manner as such provisions apply to a
penalty or proceeding under section 1128A(a).''.
(2) Conforming amendment.--Section 1857(g)(1) of the Social
Security Act (42 U.S.C. 1395w-27(g)(1)) is amended--
(A) in subparagraph (J), by striking ``or'' after the
semicolon;
(B) by redesignating subparagraph (K) as subparagraph (L);
(C) by inserting after subparagraph (J), the following new
subparagraph:
``(K) fails to comply with the standards for reasonable and
relevant contract terms and conditions under subparagraph
(A)(ii) of section 1860D-4(b)(1) or violates the provisions
of subparagraph (F)(i)(VIII) of such section; or'';
(D) in subparagraph (L), as redesignated by subparagraph
(B), by striking ``through (J)'' and inserting ``through
(K)''; and
(E) in the flush matter following subparagraph (L), as so
redesignated, by striking ``subparagraphs (A) through (K)''
and inserting ``subparagraphs (A) through (L)''.
(d) Accountability of Pharmacy Benefit Managers for
Violations of Reasonable and Relevant Contract Terms and
Conditions.--
(1) In general.--Section 1860D-12(b) of the Social Security
Act (42 U.S.C. 1395w-112) is amended by adding at the end the
following new paragraph:
``(9) Accountability of pharmacy benefit managers for
violations of reasonable and relevant contract terms and
conditions.--For plan years beginning on or after January 1,
2029, each contract entered into with a PDP sponsor under
this part with respect to a prescription drug plan offered by
such sponsor shall provide that any pharmacy benefit manager
acting on behalf of such sponsor has a written agreement with
the PDP sponsor under which the pharmacy benefit manager
agrees to reimburse the PDP sponsor for any amounts paid by
such sponsor under section 1860D-4(b)(1)(F)(iii)(I) to the
Secretary as a result of a violation described in such
section if such violation is related to a responsibility
delegated to the pharmacy benefit manager by such PDP
sponsor.''.
(2) Ma-pd plans.--Section 1857(f)(3) of the Social Security
Act (42 U.S.C. 1395w-27(f)(3)) is amended by adding at the
end the following new subparagraph:
``(F) Accountability of pharmacy benefit managers for
violations of reasonable and relevant contract terms.--For
plan years beginning on or after January 1, 2029, section
1860D-12(b)(9).''.
(e) Biennial Report on Enforcement and Oversight of
Pharmacy Access Requirements.--Section 1860D-42 of the Social
Security Act (42 U.S.C. 1395w-152), as amended by subsection
(b), is amended by adding at the end the following new
subsection:
``(f) Biennial Report on Enforcement and Oversight of
Pharmacy Access Requirements.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, and at least once every 2 years
thereafter, the Secretary shall publish a report on
enforcement and oversight actions and activities undertaken
by the Secretary with respect to the requirements under
section 1860D-4(b)(1).
[[Page H1279]]
``(2) Limitation.--A report under paragraph (1) shall not
disclose--
``(A) identifiable information about individuals or
entities unless such information is otherwise publicly
available; or
``(B) trade secrets with respect to any entities.''.
(f) Funding.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account, out of any money in the
Treasury not otherwise appropriated, $188,000,000 for fiscal
year 2026, to remain available until expended, to carry out
this section.
SEC. 6224. MODERNIZING AND ENSURING PBM ACCOUNTABILITY.
(a) In General.--
(1) Prescription drug plans.--Section 1860D-12 of the
Social Security Act (42 U.S.C. 1395w-112) is amended by
adding at the end the following new subsection:
``(h) Requirements Relating to Pharmacy Benefit Managers.--
For plan years beginning on or after January 1, 2028:
``(1) Agreements with pharmacy benefit managers.--Each
contract entered into with a PDP sponsor under this part with
respect to a prescription drug plan offered by such sponsor
shall provide that any pharmacy benefit manager acting on
behalf of such sponsor has a written agreement with the PDP
sponsor under which the pharmacy benefit manager, and any
affiliates of such pharmacy benefit manager, as applicable,
agree to meet the following requirements:
``(A) No income other than bona fide service fees.--
``(i) In general.--The pharmacy benefit manager and any
affiliate of such pharmacy benefit manager shall not derive
any remuneration with respect to any services provided on
behalf of any entity or individual, in connection with the
utilization of covered part D drugs, from any such entity or
individual other than bona fide service fees, subject to
clauses (ii) and (iii).
``(ii) Incentive payments.--For the purposes of this
subsection, an incentive payment (as determined by the
Secretary) paid by a PDP sponsor to a pharmacy benefit
manager or an affiliate of a pharmacy benefit manager that is
performing services on behalf of such sponsor shall be deemed
a `bona fide service fee' (even if such payment does not
otherwise meet the definition of such term under paragraph
(7)(B)) if such payment is a flat dollar amount, is
consistent with fair market value (as specified by the
Secretary), is related to services actually performed by the
pharmacy benefit manager or affiliate of such pharmacy
benefit manager, on behalf of the PDP sponsor making such
payment, in connection with the utilization of covered part D
drugs, and meets additional requirements, if any, as
determined appropriate by the Secretary.
``(iii) Clarification on rebates and discounts used to
lower costs for covered part d drugs.--Rebates, discounts,
and other price concessions received by a pharmacy benefit
manager or an affiliate of a pharmacy benefit manager from
manufacturers, even if such price concessions are calculated
as a percentage of a drug's price, shall not be considered a
violation of the requirements of clause (i) if they are fully
passed through to a PDP sponsor and are compliant with all
regulatory and subregulatory requirements related to direct
and indirect remuneration for manufacturer rebates,
discounts, and other price concessions under this part,
including in cases where a PDP sponsor is acting as a
pharmacy benefit manager on behalf of a prescription drug
plan offered by such PDP sponsor.
``(iv) Evaluation of remuneration arrangements.--Components
of subsets of remuneration arrangements (such as fees or
other forms of compensation paid to or retained by the
pharmacy benefit manager or affiliate of such pharmacy
benefit manager), as determined appropriate by the Secretary,
between pharmacy benefit managers or affiliates of such
pharmacy benefit managers, as applicable, and other entities
involved in the dispensing or utilization of covered part D
drugs (including PDP sponsors, manufacturers, pharmacies, and
other entities as determined appropriate by the Secretary)
shall be subject to review by the Secretary, in consultation
with the Office of the Inspector General of the Department of
Health and Human Services, as determined appropriate by the
Secretary. The Secretary, in consultation with the Office of
the Inspector General, shall review whether remuneration
under such arrangements is consistent with fair market value
(as specified by the Secretary) through reviews and
assessments of such remuneration, as determined appropriate.
``(v) Disgorgement.--The pharmacy benefit manager shall
disgorge any remuneration paid to such pharmacy benefit
manager or an affiliate of such pharmacy benefit manager in
violation of this subparagraph to the PDP sponsor.
``(vi) Additional requirements.--The pharmacy benefit
manager shall--
``(I) enter into a written agreement with any affiliate of
such pharmacy benefit manager, under which the affiliate
shall identify and disgorge any remuneration described in
clause (v) to the pharmacy benefit manager; and
``(II) attest, subject to any requirements determined
appropriate by the Secretary, that the pharmacy benefit
manager has entered into a written agreement described in
subclause (I) with any affiliate of the pharmacy benefit
manager.
``(B) Transparency regarding guarantees and cost
performance evaluations.--The pharmacy benefit manager
shall--
``(i) define, interpret, and apply, in a fully transparent
and consistent manner for purposes of calculating or
otherwise evaluating pharmacy benefit manager performance
against pricing guarantees or similar cost performance
measurements related to rebates, discounts, price
concessions, or net costs, terms such as--
``(I) `generic drug', in a manner consistent with the
definition of the term under section 423.4 of title 42, Code
of Federal Regulations, or a successor regulation;
``(II) `brand name drug', in a manner consistent with the
definition of the term under section 423.4 of title 42, Code
of Federal Regulations, or a successor regulation;
``(III) `specialty drug';
``(IV) `rebate'; and
``(V) `discount';
``(ii) identify any drugs, claims, or price concessions
excluded from any pricing guarantee or other cost performance
measure in a clear and consistent manner; and
``(iii) where a pricing guarantee or other cost performance
measure is based on a pricing benchmark other than the
wholesale acquisition cost (as defined in section
1847A(c)(6)(B)) of a drug, calculate and provide a wholesale
acquisition cost-based equivalent to the pricing guarantee or
other cost performance measure.
``(C) Provision of information.--
``(i) In general.--Not later than July 1 of each year,
beginning in 2028, the pharmacy benefit manager shall submit
to the PDP sponsor, and to the Secretary, a report, in
accordance with this subparagraph, and shall make such report
available to such sponsor at no cost to such sponsor in a
format specified by the Secretary under paragraph (5). Each
such report shall include, with respect to such PDP sponsor
and each plan offered by such sponsor, the following
information with respect to the previous plan year:
``(I) A list of all drugs covered by the plan that were
dispensed including, with respect to each such drug--
``(aa) the brand name, generic or non-proprietary name, and
National Drug Code;
``(bb) the number of plan enrollees for whom the drug was
dispensed, the total number of prescription claims for the
drug (including original prescriptions and refills, counted
as separate claims), and the total number of dosage units of
the drug dispensed;
``(cc) the number of prescription claims described in item
(bb) by each type of dispensing channel through which the
drug was dispensed, including retail, mail order, specialty
pharmacy, long term care pharmacy, home infusion pharmacy, or
other types of pharmacies or dispensers;
``(dd) the average wholesale acquisition cost, listed as
cost per day's supply, cost per dosage unit, and cost per
typical course of treatment (as applicable);
``(ee) the average wholesale price for the drug, listed as
price per day's supply, price per dosage unit, and price per
typical course of treatment (as applicable);
``(ff) the total out-of-pocket spending by plan enrollees
on such drug after application of any benefits under the
plan, including plan enrollee spending through copayments,
coinsurance, and deductibles;
``(gg) total rebates paid by the manufacturer on the drug
as reported under the Detailed DIR Report (or any successor
report) submitted by such sponsor to the Centers for Medicare
& Medicaid Services;
``(hh) all other direct or indirect remuneration on the
drug as reported under the Detailed DIR Report (or any
successor report) submitted by such sponsor to the Centers
for Medicare & Medicaid Services;
``(ii) the average pharmacy reimbursement amount paid by
the plan for the drug in the aggregate and disaggregated by
dispensing channel identified in item (cc);
``(jj) the average National Average Drug Acquisition Cost
(NADAC); and
``(kk) total manufacturer-derived revenue, inclusive of
bona fide service fees, attributable to the drug and retained
by the pharmacy benefit manager and any affiliate of such
pharmacy benefit manager.
``(II) In the case of a pharmacy benefit manager that has
an affiliate that is a retail, mail order, or specialty
pharmacy, with respect to drugs covered by such plan that
were dispensed, the following information:
``(aa) The percentage of total prescriptions that were
dispensed by pharmacies that are an affiliate of the pharmacy
benefit manager for each drug.
``(bb) The interquartile range of the total combined costs
paid by the plan and plan enrollees, per dosage unit, per
course of treatment, per 30-day supply, and per 90-day supply
for each drug dispensed by pharmacies that are not an
affiliate of the pharmacy benefit manager and that are
included in the pharmacy network of such plan.
``(cc) The interquartile range of the total combined costs
paid by the plan and plan enrollees, per dosage unit, per
course of treatment, per 30-day supply, and per 90-day supply
for each drug dispensed by pharmacies that are an affiliate
of the pharmacy benefit manager and that are included in the
pharmacy network of such plan.
``(dd) The lowest total combined cost paid by the plan and
plan enrollees, per dosage unit, per course of treatment, per
30-day supply, and per 90-day supply, for each drug that is
available from any pharmacy included in the pharmacy network
of such plan.
[[Page H1280]]
``(ee) The difference between the average acquisition cost
of the affiliate, such as a pharmacy or other entity that
acquires prescription drugs, that initially acquires the drug
and the amount reported under subclause (I)(jj) for each
drug.
``(ff) A list inclusive of the brand name, generic or non-
proprietary name, and National Drug Code of covered part D
drugs subject to an agreement with a covered entity under
section 340B of the Public Health Service Act for which the
pharmacy benefit manager or an affiliate of the pharmacy
benefit manager had a contract or other arrangement with such
a covered entity in the service area of such plan.
``(III) Where a drug approved under section 505(c) of the
Federal Food, Drug, and Cosmetic Act (referred to in this
subclause as the `listed drug') is covered by the plan, the
following information:
``(aa) A list of currently marketed generic drugs approved
under section 505(j) of the Federal Food, Drug, and Cosmetic
Act pursuant to an application that references such listed
drug that are not covered by the plan, are covered on the
same formulary tier or a formulary tier typically associated
with higher cost-sharing than the listed drug, or are subject
to utilization management that the listed drug is not subject
to.
``(bb) The estimated average beneficiary cost-sharing under
the plan for a 30-day supply of the listed drug.
``(cc) Where a generic drug listed under item (aa) is on a
formulary tier typically associated with higher cost-sharing
than the listed drug, the estimated average cost-sharing that
a beneficiary would have paid for a 30-day supply of each of
the generic drugs described in item (aa), had the plan
provided coverage for such drugs on the same formulary tier
as the listed drug.
``(dd) A written justification for providing more favorable
coverage of the listed drug than the generic drugs described
in item (aa).
``(ee) The number of currently marketed generic drugs
approved under section 505(j) of the Federal Food, Drug, and
Cosmetic Act pursuant to an application that references such
listed drug.
``(IV) Where a reference product (as defined in section
351(i) of the Public Health Service Act) is covered by the
plan, the following information:
``(aa) A list of currently marketed biosimilar biological
products licensed under section 351(k) of the Public Health
Service Act pursuant to an application that refers to such
reference product that are not covered by the plan, are
covered on the same formulary tier or a formulary tier
typically associated with higher cost-sharing than the
reference product, or are subject to utilization management
that the reference product is not subject to.
``(bb) The estimated average beneficiary cost-sharing under
the plan for a 30-day supply of the reference product.
``(cc) Where a biosimilar biological product listed under
item (aa) is on a formulary tier typically associated with
higher cost-sharing than the reference product, the estimated
average cost-sharing that a beneficiary would have paid for a
30-day supply of each of the biosimilar biological products
described in item (aa), had the plan provided coverage for
such products on the same formulary tier as the reference
product.
``(dd) A written justification for providing more favorable
coverage of the reference product than the biosimilar
biological products described in item (aa).
``(ee) The number of currently marketed biosimilar
biological products licensed under section 351(k) of the
Public Health Service Act, pursuant to an application that
refers to such reference product.
``(V) Total gross spending on covered part D drugs by the
plan, not net of rebates, fees, discounts, or other direct or
indirect remuneration.
``(VI) The total amount retained by the pharmacy benefit
manager or an affiliate of such pharmacy benefit manager in
revenue related to utilization of covered part D drugs under
that plan, inclusive of bona fide service fees.
``(VII) The total spending on covered part D drugs net of
rebates, fees, discounts, or other direct and indirect
remuneration by the plan.
``(VIII) An explanation of any benefit design parameters
under such plan that encourage plan enrollees to fill
prescriptions at pharmacies that are an affiliate of such
pharmacy benefit manager, such as mail and specialty home
delivery programs, and retail and mail auto-refill programs.
``(IX) The following information:
``(aa) A list of all brokers, consultants, advisors, and
auditors that receive compensation from the pharmacy benefit
manager or an affiliate of such pharmacy benefit manager for
referrals, consulting, auditing, or other services offered to
PDP sponsors related to pharmacy benefit management services.
``(bb) The amount of compensation provided by such pharmacy
benefit manager or affiliate to each such broker, consultant,
advisor, and auditor.
``(cc) The methodology for calculating the amount of
compensation provided by such pharmacy benefit manager or
affiliate, for each such broker, consultant, advisor, and
auditor.
``(X) A list of all affiliates of the pharmacy benefit
manager.
``(XI) A summary document submitted in a standardized
template developed by the Secretary that includes such
information described in subclauses (I) through (X).
``(ii) Written explanation of contracts or agreements with
manufacturers.--
``(I) In general.--The pharmacy benefit manager shall, not
later than 30 days after the finalization of any contract or
agreement between such pharmacy benefit manager or an
affiliate of such pharmacy benefit manager and a manufacturer
(or subsidiary, agent, or entity affiliated with such
manufacturer) that makes rebates, discounts, payments, or
other financial incentives related to one or more covered
part D drugs or other prescription drugs, as applicable, of
the manufacturer directly or indirectly contingent upon
coverage, formulary placement, or utilization management
conditions on any other covered part D drugs or other
prescription drugs, as applicable, submit to the PDP sponsor
a written explanation of such contract or agreement.
``(II) Requirements.--A written explanation under subclause
(I) shall--
``(aa) include the manufacturer subject to the contract or
agreement, all covered part D drugs and other prescription
drugs, as applicable, subject to the contract or agreement
and the manufacturers of such drugs, and a high-level
description of the terms of such contract or agreement and
how such terms apply to such drugs; and
``(bb) be certified by the Chief Executive Officer, Chief
Financial Officer, or General Counsel of such pharmacy
benefit manager, or affiliate of such pharmacy benefit
manager, as applicable, or an individual delegated with the
authority to sign on behalf of one of these officers, who
reports directly to the officer.
``(III) Definition of other prescription drugs.--For
purposes of this clause, the term `other prescription drugs'
means prescription drugs covered as supplemental benefits
under this part or prescription drugs paid outside of this
part.
``(D) Audit rights.--
``(i) In general.--Not less than once a year, at the
request of the PDP sponsor, the pharmacy benefit manager
shall allow for an audit of the pharmacy benefit manager to
ensure compliance with all terms and conditions under the
written agreement described in this paragraph and the
accuracy of information reported under subparagraph (C).
``(ii) Auditor.--The PDP sponsor shall have the right to
select an auditor. The pharmacy benefit manager shall not
impose any limitations on the selection of such auditor.
``(iii) Provision of information.--The pharmacy benefit
manager shall make available to such auditor all records,
data, contracts, and other information necessary to confirm
the accuracy of information reported under subparagraph (C),
subject to reasonable restrictions on how such information
must be reported to prevent redisclosure of such information.
``(iv) Timing.--The pharmacy benefit manager must provide
information under clause (iii) and other information, data,
and records relevant to the audit to such auditor within 6
months of the initiation of the audit and respond to requests
for additional information from such auditor within 30 days
after the request for additional information.
``(v) Information from affiliates.--The pharmacy benefit
manager shall be responsible for providing to such auditor
information required to be reported under subparagraph (C) or
under clause (iii) of this subparagraph that is owned or held
by an affiliate of such pharmacy benefit manager.
``(2) Enforcement.--
``(A) In general.--Each PDP sponsor shall--
``(i) disgorge to the Secretary any amounts disgorged to
the PDP sponsor by a pharmacy benefit manager under paragraph
(1)(A)(v);
``(ii) require, in a written agreement with any pharmacy
benefit manager acting on behalf of such sponsor or affiliate
of such pharmacy benefit manager, that such pharmacy benefit
manager or affiliate reimburse the PDP sponsor for any civil
money penalty imposed on the PDP sponsor as a result of the
failure of the pharmacy benefit manager or affiliate to meet
the requirements of paragraph (1) that are applicable to the
pharmacy benefit manager or affiliate under the agreement;
and
``(iii) require, in a written agreement with any such
pharmacy benefit manager acting on behalf of such sponsor or
affiliate of such pharmacy benefit manager, that such
pharmacy benefit manager or affiliate be subject to punitive
remedies for breach of contract for failure to comply with
the requirements applicable under paragraph (1).
``(B) Reporting of alleged violations.--The Secretary shall
make available and maintain a mechanism for manufacturers,
PDP sponsors, pharmacies, and other entities that have
contractual relationships with pharmacy benefit managers or
affiliates of such pharmacy benefit managers to report, on a
confidential basis, alleged violations of paragraph (1)(A) or
subparagraph (C).
``(C) Anti-retaliation and anti-coercion.--Consistent with
applicable Federal or State law, a PDP sponsor shall not--
``(i) retaliate against an individual or entity for
reporting an alleged violation under subparagraph (B); or
``(ii) coerce, intimidate, threaten, or interfere with the
ability of an individual or entity to report any such alleged
violations.
``(3) Certification of compliance.--
``(A) In general.--Each PDP sponsor shall furnish to the
Secretary (at a time and in a
[[Page H1281]]
manner specified by the Secretary) an annual certification of
compliance with this subsection, as well as such information
as the Secretary determines necessary to carry out this
subsection.
``(B) Implementation.--Notwithstanding any other provision
of law, the Secretary may implement this paragraph by program
instruction or otherwise.
``(4) Rule of construction.--Nothing in this subsection
shall be construed as--
``(A) prohibiting flat dispensing fees or reimbursement or
payment for ingredient costs (including customary, industry-
standard discounts directly related to drug acquisition that
are retained by pharmacies or wholesalers) to entities that
acquire or dispense prescription drugs; or
``(B) modifying regulatory requirements or sub-regulatory
program instruction or guidance related to pharmacy payment,
reimbursement, or dispensing fees.
``(5) Standard formats.--
``(A) In general.--Not later than June 1, 2027, the
Secretary shall specify standard, machine-readable formats
for pharmacy benefit managers to submit annual reports
required under paragraph (1)(C)(i).
``(B) Implementation.--Notwithstanding any other provision
of law, the Secretary may implement this paragraph by program
instruction or otherwise.
``(6) Confidentiality.--
``(A) In general.--Information disclosed by a pharmacy
benefit manager, an affiliate of a pharmacy benefit manager,
a PDP sponsor, or a pharmacy under this subsection that is
not otherwise publicly available or available for purchase
shall not be disclosed by the Secretary or a PDP sponsor
receiving the information, except that the Secretary may
disclose the information for the following purposes:
``(i) As the Secretary determines necessary to carry out
this part.
``(ii) To permit the Comptroller General to review the
information provided.
``(iii) To permit the Director of the Congressional Budget
Office to review the information provided.
``(iv) To permit the Executive Director of the Medicare
Payment Advisory Commission to review the information
provided.
``(v) To the Attorney General for the purposes of
conducting oversight and enforcement under this title.
``(vi) To the Inspector General of the Department of Health
and Human Services in accordance with its authorities under
the Inspector General Act of 1978 (section 406 of title 5,
United States Code), and other applicable statutes.
``(B) Restriction on use of information.--The Secretary,
the Comptroller General, the Director of the Congressional
Budget Office, and the Executive Director of the Medicare
Payment Advisory Commission shall not report on or disclose
information disclosed pursuant to subparagraph (A) to the
public in a manner that would identify--
``(i) a specific pharmacy benefit manager, affiliate,
pharmacy, manufacturer, wholesaler, PDP sponsor, or plan; or
``(ii) contract prices, rebates, discounts, or other
remuneration for specific drugs in a manner that may allow
the identification of specific contracting parties or of such
specific drugs.
``(7) Definitions.--For purposes of this subsection:
``(A) Affiliate.--The term `affiliate' means, with respect
to any pharmacy benefit manager or PDP sponsor, any entity
that, directly or indirectly--
``(i) owns or is owned by, controls or is controlled by, or
is otherwise related in any ownership structure to such
pharmacy benefit manager or PDP sponsor; or
``(ii) acts as a contractor, principal, or agent to such
pharmacy benefit manager or PDP sponsor, insofar as such
contractor, principal, or agent performs any of the functions
described under subparagraph (C).
``(B) Bona fide service fee.--The term `bona fide service
fee' means a fee that is reflective of the fair market value
(as specified by the Secretary, through notice and comment
rulemaking) for a bona fide, itemized service actually
performed on behalf of an entity, that the entity would
otherwise perform (or contract for) in the absence of the
service arrangement and that is not passed on in whole or in
part to a client or customer, whether or not the entity takes
title to the drug. Such fee must be a flat dollar amount and
shall not be directly or indirectly based on, or contingent
upon--
``(i) drug price, such as wholesale acquisition cost or
drug benchmark price (such as average wholesale price);
``(ii) the amount of discounts, rebates, fees, or other
direct or indirect remuneration with respect to covered part
D drugs dispensed to enrollees in a prescription drug plan,
except as permitted pursuant to paragraph (1)(A)(ii);
``(iii) coverage or formulary placement decisions or the
volume or value of any referrals or business generated
between the parties to the arrangement; or
``(iv) any other amounts or methodologies prohibited by the
Secretary.
``(C) Pharmacy benefit manager.--The term `pharmacy benefit
manager' means any person or entity that, either directly or
through an intermediary, acts as a price negotiator or group
purchaser on behalf of a PDP sponsor or prescription drug
plan, or manages the prescription drug benefits provided by
such sponsor or plan, including the processing and payment of
claims for prescription drugs, the performance of drug
utilization review, the processing of drug prior
authorization requests, the adjudication of appeals or
grievances related to the prescription drug benefit,
contracting with network pharmacies, controlling the cost of
covered part D drugs, or the provision of related services.
Such term includes any person or entity that carries out one
or more of the activities described in the preceding
sentence, irrespective of whether such person or entity calls
itself a `pharmacy benefit manager'.''.
(2) MA-PD plans.--Section 1857(f)(3) of the Social Security
Act (42 U.S.C. 1395w-27(f)(3)), as amended by section
6223(d)(2), is amended by adding at the end the following new
subparagraph:
``(G) Requirements relating to pharmacy benefit managers.--
For plan years beginning on or after January 1, 2028, section
1860D-12(h).''.
(3) Nonapplication of paperwork reduction act.--Chapter 35
of title 44, United States Code, shall not apply to the
implementation of this subsection.
(4) Funding.--
(A) Secretary.--In addition to amounts otherwise available,
there is appropriated to the Centers for Medicare & Medicaid
Services Program Management Account, out of any money in the
Treasury not otherwise appropriated, $113,000,000 for fiscal
year 2026, to remain available until expended, to carry out
this subsection.
(B) OIG.--In addition to amounts otherwise available, there
is appropriated to the Inspector General of the Department of
Health and Human Services, out of any money in the Treasury
not otherwise appropriated, $20,000,000 for fiscal year 2026,
to remain available until expended, to carry out this
subsection.
(b) GAO Study and Report on Price-related Compensation
Across the Supply Chain.--
(1) Study.--The Comptroller General of the United States
(in this subsection referred to as the ``Comptroller
General'') shall conduct a study describing the use of
compensation and payment structures related to a prescription
drug's price within the retail prescription drug supply chain
in part D of title XVIII of the Social Security Act (42
U.S.C. 1395w-101 et seq.). Such study shall summarize
information from Federal agencies and industry experts, to
the extent available, with respect to the following:
(A) The type, magnitude, other features (such as the
pricing benchmarks used), and prevalence of compensation and
payment structures related to a prescription drug's price,
such as calculating fee amounts as a percentage of a
prescription drug's price, between intermediaries in the
prescription drug supply chain, including--
(i) pharmacy benefit managers;
(ii) PDP sponsors offering prescription drug plans and
Medicare Advantage organizations offering MA-PD plans;
(iii) drug wholesalers;
(iv) pharmacies;
(v) manufacturers;
(vi) pharmacy services administrative organizations;
(vii) brokers, auditors, consultants, and other entities
that--
(I) advise PDP sponsors offering prescription drug plans
and Medicare Advantage organizations offering MA-PD plans
regarding pharmacy benefits; or
(II) review PDP sponsor and Medicare Advantage organization
contracts with pharmacy benefit managers; and
(viii) other service providers that contract with any of
the entities described in clauses (i) through (vii) that may
use price-related compensation and payment structures, such
as rebate aggregators (or other entities that negotiate or
process price concessions on behalf of pharmacy benefit
managers, plan sponsors, or pharmacies).
(B) The primary business models and compensation structures
for each category of intermediary described in subparagraph
(A).
(C) Variation in price-related compensation structures
between affiliated entities (such as entities with common
ownership, either full or partial, and subsidiary
relationships) and unaffiliated entities.
(D) Potential conflicts of interest among contracting
entities related to the use of prescription drug price-
related compensation structures, such as the potential for
fees or other payments set as a percentage of a prescription
drug's price to advantage formulary selection, distribution,
or purchasing of prescription drugs with higher prices.
(E) Notable differences, if any, in the use and level of
price-based compensation structures over time and between
different market segments, such as under part D of title
XVIII of the Social Security Act (42 U.S.C. 1395w-101 et
seq.) and the Medicaid program under title XIX of such Act
(42 U.S.C. 1396 et seq.).
(F) The effects of drug price-related compensation
structures and alternative compensation structures on Federal
health care programs and program beneficiaries, including
with respect to cost-sharing, premiums, Federal outlays,
biosimilar and generic drug adoption and utilization, drug
shortage risks, and the potential for fees set as a
percentage of a drug's price to advantage the formulary
selection, distribution, or purchasing of drugs with higher
prices.
(G) Other issues determined to be relevant and appropriate
by the Comptroller General.
(2) Report.--Not later than 2 years after the date of
enactment of this section, the Comptroller General shall
submit to Congress a report containing the results of the
[[Page H1282]]
study conducted under paragraph (1), together with
recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
(c) Medpac Reports on Agreements With Pharmacy Benefit
Managers With Respect to Prescription Drug Plans and Ma-pd
Plans.--
(1) In general.--The Medicare Payment Advisory Commission
shall submit to Congress the following reports:
(A) Initial report.--Not later than the first March 15
occurring after the date that is 2 years after the date on
which the Secretary makes the data available to the
Commission, a report regarding agreements with pharmacy
benefit managers with respect to prescription drug plans and
MA-PD plans. Such report shall include, to the extent
practicable--
(i) a description of trends and patterns, including
relevant averages, totals, and other figures for the types of
information submitted;
(ii) an analysis of any differences in agreements and their
effects on plan enrollee out-of-pocket spending and average
pharmacy reimbursement, and other impacts; and
(iii) any recommendations the Commission determines
appropriate.
(B) Final report.--Not later than 2 years after the date on
which the Commission submits the initial report under
subparagraph (A), a report describing any changes with
respect to the information described in subparagraph (A) over
time, together with any recommendations the Commission
determines appropriate.
(2) Funding.--In addition to amounts otherwise available,
there is appropriated to the Medicare Payment Advisory
Commission, out of any money in the Treasury not otherwise
appropriated, $1,000,000 for fiscal year 2026, to remain
available until expended, to carry out this subsection.
SEC. 6225. REQUIRING A SEPARATE IDENTIFICATION NUMBER AND AN
ATTESTATION FOR EACH OFF-CAMPUS OUTPATIENT
DEPARTMENT OF A PROVIDER.
(a) In General.--Section 1833(t) of the Social Security Act
(42 U.S.C. 1395l(t)) is amended by adding at the end the
following new paragraph:
``(23) Use of unique health identifiers; attestation.--
``(A) In general.--No payment may be made under this
subsection (or under an applicable payment system pursuant to
paragraph (21)) for items and services furnished on or after
January 1, 2028, by an off-campus outpatient department of a
provider (as defined in subparagraph (C)) unless--
``(i) such department has obtained, and such items and
services are billed under, a National Provider Identifier
that is separate from such identifier for such provider;
``(ii) such provider has submitted to the Secretary, during
the 2-year period ending on the date such items and services
are so furnished, an initial provider-based status
attestation that such department is compliant with the
requirements described in section 413.65 of title 42, Code of
Federal Regulations (or a successor regulation), which, until
the Secretary establishes the process described in
subparagraph (B), may include an attestation submitted in
accordance with paragraph (b)(3) of such section (as in
effect on the date of enactment of this paragraph); and
``(iii) after such provider has submitted an attestation
under clause (ii), such provider has submitted a subsequent
attestation within the timeframe specified by the Secretary.
``(B) Process for submission and review.--
``(i) In general.--The Secretary shall, through notice and
comment rulemaking, establish a process for each provider
with an off-campus outpatient department of a provider to
submit an initial and subsequent attestation pursuant to
clauses (ii) and (iii), respectively, of subparagraph (A),
and for the Secretary to review each such attestation and
determine, through site visits, remote audits, or other means
(as determined appropriate by the Secretary), whether such
department is compliant with the requirements described in
such subparagraph.
``(ii) Funding.--In addition to amounts otherwise
available, there is appropriated to the Centers for Medicare
& Medicaid Services Program Management Account for fiscal
year 2026, out of any amounts in the Treasury not otherwise
appropriated, $20,000,000, to remain available until
expended, for purposes of carrying out this subparagraph.
``(C) Off-campus outpatient department of a provider
defined.--For purposes of this paragraph, the term `off-
campus outpatient department of a provider' means a
department of a provider (as defined in section 413.65 of
title 42, Code of Federal Regulations, or any successor
regulation) that is not located--
``(i) on the campus (as defined in such section) of such
provider; or
``(ii) within the distance (described in such definition of
campus) from a remote location of a hospital facility (as
defined in such section).''.
(b) HHS OIG Analysis.--Not later than January 1, 2030, the
Inspector General of the Department of Health and Human
Services shall submit to Congress--
(1) an analysis of the process established by the Secretary
of Health and Human Services to conduct the reviews and
determinations described in section 1833(t)(23)(B) of the
Social Security Act, as added by subsection (a) of this
section; and
(2) recommendations based on such analysis, as the
Inspector General determines appropriate.
SEC. 6226. REVISING PHASE-IN OF MEDICARE CLINICAL LABORATORY
TEST PAYMENT CHANGES.
(a) Revised Phase-in of Reductions From Private Payor Rate
Implementation.--Section 1834A(b)(3) of the Social Security
Act (42 U.S.C. 1395m-1(b)(3)) is amended--
(1) in subparagraph (A), by striking ``2028'' and inserting
``2029''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``2025 and for the period
beginning on January 1, 2026, and ending on January 30,
2026'' and inserting ``2026''; and
(B) in clause (iii), by striking ``the period beginning on
January 31, 2026, and ending on December 31, 2026, and for
each of 2027 and 2028'' and inserting ``each of 2027 through
2029''.
(b) Revised Data Collection Period for Reporting of Private
Sector Payment Rates for Establishment of Medicare Payment
Rates.--Section 1834A(a)(4)(B) of the Social Security Act (42
U.S.C. 1395m-1(a)(4)(B)) is amended by striking ``2019'' each
place it appears and inserting ``2025'' in each such place.
(c) Revised Reporting Period for Reporting of Private
Sector Payment Rates for Establishment of Medicare Payment
Rates.--Section 1834A(a)(1)(B) of the Social Security Act (42
U.S.C. 1395m-1(a)(1)(B)) is amended--
(1) in clause (i), by striking ``January 31'' and inserting
``April 30''; and
(2) in clause (ii), by striking ``February 1, 2026, and
ending April 30, 2026'' and inserting ``May 1, 2026, and
ending July 31, 2026''.
(d) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendments made by this section by program instruction or
otherwise.
SEC. 6227. MEDICARE SEQUESTRATION.
Section 251A(6) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
(1) in subparagraph (D), by striking ``such that,'' and all
that follows and inserting ``such that the payment reduction
shall be 2.0 percent for such fiscal year.''; and
(2) by adding at the end the following:
``(F) On the date on which the President submits the budget
under section 1105 of title 31, United States Code, for
fiscal year 2033, the President shall order a sequestration
of payments for the Medicare programs specified in section
256(d), effective upon issuance, such that, notwithstanding
the 2 percent limit specified in subparagraph (A) for such
payments--
``(i) with respect to the first 5 months in which such
order is effective for such fiscal year, the payment
reduction shall be 2.0 percent; and
``(ii) with respect to the last 7 months in which such
order is effective for such fiscal year, the payment
reduction shall be 0 percent.''.
SEC. 6228. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$1,403,000,000'' and
inserting ``$2,062,000,000''.
TITLE III--HUMAN SERVICES
SEC. 6301. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.
Section 510 of the Social Security Act (42 U.S.C. 710) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``2025, and for the period beginning on
October 1, 2025, and ending on January 30, 2026'' and
inserting ``2026, and for the period beginning on October 1,
2026, and ending on December 31, 2026''; and
(ii) by striking ``fiscal year 2026'' and inserting
``fiscal year 2027''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``through 2025'' and inserting ``through
2026''; and
(II) by striking ``fiscal year 2026'' each place it appears
and inserting ``fiscal year 2027''; and
(ii) in subparagraph (B)(i), by striking ``2026'' and
inserting ``2027''; and
(2) in subsection (f)(1) by striking ``2025, and for the
period beginning on October 1, 2025, and ending on January
30, 2026, an amount equal to the pro rata portion of the
amount appropriated for the corresponding period for fiscal
year 2025'' and inserting ``2026, and for the period
beginning on October 1, 2026, and ending on December 31,
2026, an amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal year
2026''.
SEC. 6302. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.
Section 513 of the Social Security Act (42 U.S.C. 713) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), in the matter preceding clause
(i), by striking ``2025, and for the period beginning on
October 1, 2025, and ending on January 30, 2026'' and
inserting ``2026, and for the period beginning on October 1,
2026, and ending on December 31, 2026''; and
(B) in subparagraph (B)(i), by striking ``fiscal years 2024
and 2025, and for the period beginning on October 1, 2025,
and ending on January 30, 2026'' and inserting ``fiscal years
2025 and 2026, and for the period beginning on October 1,
2026, and ending on December 31, 2026'';
[[Page H1283]]
(2) in subsection (c)(3), by striking ``2026'' and
inserting ``2027''; and
(3) in subsection (f), by striking ``2025, and for the
period beginning on October 1, 2025, and ending on January
30, 2026, an amount equal to the pro rata portion of the
amount appropriated for the corresponding period for fiscal
year 2025'' and inserting ``2026, and for the period
beginning on October 1, 2026, and ending on December 31,
2026, an amount equal to the pro rata portion of the amount
appropriated for the corresponding period for fiscal year
2026''.
SEC. 6303. EXTENSION OF FUNDING FOR FAMILY-TO-FAMILY HEALTH
INFORMATION CENTERS.
Section 501(c)(1)(A) of the Social Security Act (42 U.S.C.
701(c)(1)(A)) is amended--
(1) in clause (viii), by striking ``for fiscal year 2025''
and inserting ``for each of fiscal years 2025 and 2026''; and
(2) in clause (ix), by striking ``October 1, 2025, and
ending on January 30, 2026, an amount equal to the pro rata
portion of the amount appropriated for fiscal year 2025'' and
inserting ``October 1, 2026, and ending on December 31, 2026,
an amount equal to the pro rata portion of the amount
appropriated for fiscal year 2026''.
SEC. 6304. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES PROGRAM.
Activities authorized by part A of title IV of the Social
Security Act (other than under section 403(c) or 418 of such
Act) and section 1108(b) of the Social Security Act shall
continue through December 31, 2026, in the manner authorized
for fiscal year 2025, and out of any money in the Treasury of
the United States not otherwise appropriated, there are
hereby appropriated such sums as may be necessary for such
purpose.
TITLE IV--PUBLIC HEALTH AND OTHER EXTENDERS
Subtitle A--Extensions
SEC. 6401. EXTENSION FOR COMMUNITY HEALTH CENTERS, NATIONAL
HEALTH SERVICE CORPS, AND TEACHING HEALTH
CENTERS THAT OPERATE GME PROGRAMS.
(a) Extension for Community Health Centers.--Section
10503(b)(1) of the Patient Protection and Affordable Care Act
(42 U.S.C. 254b-2(b)(1)) is amended by striking subparagraphs
(H), (I), (J), and (K) and inserting the following:
``(H) $4,236,712,328 for fiscal year 2024;
``(I) $4,295,287,671 for fiscal year 2025;
``(J) $4,600,000,000 for fiscal year 2026; and
``(K) $1,159,452,055 for the period beginning on October 1,
2026, and ending on December 31, 2026; and''.
(b) Extension for the National Health Service Corps.--
Section 10503(b)(2) of the Patient Protection and Affordable
Care Act (42 U.S.C. 254b-2(b)(2)) is amended by striking
subparagraphs (I), (J), (K), and (L) and inserting the
following:
``(I) $341,208,605 for fiscal year 2024;
``(J) $349,736,600 for fiscal year 2025;
``(K) $350,000,000 for fiscal year 2026; and
``(L) $88,219,178 for the period beginning on October 1,
2026, and ending on December 31, 2026.''.
(c) Teaching Health Centers That Operate Graduate Medical
Education Programs.--Section 340H(g)(1) of the Public Health
Service Act (42 U.S.C. 256h(g)(1)) is amended by striking
subparagraphs (D), (E), (F), and (G) and inserting the
following: ``
``(D) $168,915,878 for fiscal year 2024;
``(E) $181,563,574 for fiscal year 2025;
``(F) $225,000,000 for fiscal year 2026;
``(G) $250,000,000 for fiscal year 2027;
``(H) $275,000,000 for fiscal year 2028; and
``(I) $300,000,000 for fiscal year 2029.''.
(d) Application of Provisions.--Amounts appropriated
pursuant to the amendments made by this section shall be
subject to the requirements contained in Public Law 118-47
for funds for programs authorized under sections 330 through
340 of the Public Health Service Act (42 U.S.C. 254b et
seq.).
(e) Conforming Amendments.--Section 3014(h)(4) of title 18,
United States Code, is amended by striking ``and section
6101(d) of the Continuing Appropriations, Agriculture,
Legislative Branch, Military Construction and Veterans
Affairs, and Extensions Act, 2026'' and inserting ``section
6101(d) of the Continuing Appropriations, Agriculture,
Legislative Branch, Military Construction and Veterans
Affairs, and Extensions Act, 2026, and section 6401(d) of the
Consolidated Appropriations Act, 2026''.
SEC. 6402. EXTENSION OF SPECIAL DIABETES PROGRAMS.
(a) Extension of Special Diabetes Programs for Type I
Diabetes.--Section 330B(b)(2) of the Public Health Service
Act (42 U.S.C. 254c-2(b)(2)) is amended by striking
subparagraphs (E), (F), (G), and (H) and inserting the
following:
``(E) $155,619,196 for fiscal year 2024, to remain
available until expended;
``(F) $159,228,188 for fiscal year 2025, to remain
available until expended;
``(G) $200,000,000 for fiscal year 2026, to remain
available until expended; and
``(H) $50,410,959 for the period beginning on October 1,
2026, and ending on December 31, 2026, to remain available
until expended.''.
(b) Extending Funding for Special Diabetes Programs for
Indians.--Section 330C(c)(2) of the Public Health Service Act
(42 U.S.C. 254c-3(c)(2)) is amended by striking subparagraphs
(E), (F), (G), and (H) and inserting the following:
``(E) $155,619,196 for fiscal year 2024, to remain
available until expended;
``(F) $159,228,188 for fiscal year 2025, to remain
available until expended;
``(G) $200,000,000 for fiscal year 2026, to remain
available until expended; and
``(H) $50,410,959 for the period beginning on October 1,
2026, and ending on December 31, 2026, to remain available
until expended.''.
SEC. 6403. EXTENSION OF NATIONAL HEALTH SECURITY PROGRAMS.
(a) Section 319(e)(8) of the Public Health Service Act (42
U.S.C. 247d(e)(8)) is amended by striking ``January 30,
2026'' and inserting ``December 31, 2026''.
(b) Section 319L(e)(1)(D) of the Public Health Service Act
(42 U.S.C. 247d-7e(e)(1)(D)) is amended by striking ``January
30, 2026'' and inserting ``December 31, 2026''.
(c) Section 319L-1(b) of the Public Health Service Act (42
U.S.C. 247d-7f(b)) is amended by striking ``January 30,
2026'' and inserting ``December 31, 2026''.
(d) Section 2811A(g) of the Public Health Service Act (42
U.S.C. 300hh-10b(g)) is amended by striking ``January 30,
2026'' and inserting ``December 31, 2026''.
(e) Section 2811B(g)(1) of the Public Health Service Act
(42 U.S.C. 300hh-10c(g)(1)) is amended by striking ``January
30, 2026'' and inserting ``December 31, 2026''.
(f) Section 2811C(g)(1) of the Public Health Service Act
(42 U.S.C. 300hh-10d(g)(1)) is amended by striking ``January
30, 2026'' and inserting ``December 31, 2026''.
(g) Section 2812(c)(4)(B) of the Public Health Service Act
(42 U.S.C. 300hh-11(c)(4)(B)) is amended by striking
``January 30, 2026'' and inserting ``December 31, 2026''.
SEC. 6404. NO SURPRISES ACT IMPLEMENTATION.
Section 118(a) of division BB of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended--
(1) in paragraph (1), by striking ``January 30, 2026'' and
inserting ``December 31, 2026''; and
(2) in paragraph (2)--
(A) by striking ``$14,000,000'' and inserting
``$42,100,000''; and
(B) by striking ``January 30, 2026'' and inserting
``December 31, 2026''.
Subtitle B--World Trade Center Health Program
SEC. 6411. 9/11 RESPONDER AND SURVIVOR HEALTH FUNDING
CORRECTIONS.
(a) In General.--Section 3351(a)(2)(A) of the Public Health
Service Act (42 U.S.C. 300mm-61(a)(2)(A)) is amended--
(1) in clause (x), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating clause (xi) as clause (xii); and
(3) by inserting after clause (x), the following:
``(xi) for each of fiscal years 2026 through 2040--
``(I) the amount determined under this subparagraph for the
previous fiscal year multiplied by 1.07; multiplied by
``(II) the ratio of--
``(aa) the total number of individuals enrolled in the WTC
Program on July 1 of such previous fiscal year; to
``(bb) the total number of individuals so enrolled on July
1 of the fiscal year prior to such previous fiscal year;
and''.
(b) Report to Congress.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this subsection as the
``Secretary'') shall conduct an assessment of anticipated
budget authority and outlays of the World Trade Center Health
Program (referred to in this subsection as the ``Program'')
through the duration of the Program and submit a report
summarizing such assessment to--
(A) the Speaker and minority leader of the House of
Representatives;
(B) the majority and minority leaders of the Senate;
(C) the Committee on Health, Education, Labor, and Pensions
and the Committee on the Budget of the Senate; and
(D) the Committee on Energy and Commerce and the Committee
on the Budget of the House of Representatives.
(2) Inclusions.--The report required under paragraph (1)
shall include--
(A) a projection of Program budgetary needs on a per-fiscal
year basis through fiscal year 2090;
(B) a review of Program modeling for each of fiscal years
2017 through the fiscal year prior to the fiscal year in
which the report is issued to assess how anticipated
budgetary needs compared to actual expenditures;
(C) an assessment of the projected budget authority and
expenditures of the Program through fiscal year 2090 by
comparing--
(i) such projected authority and expenditures resulting
from application of section 3351(a)(2)(A) of the Public
Health Service Act (42 U.S.C. 300mm-61(a)(2)(A)), as amended
by subsection (a); and
(ii) such projected authority and expenditures that would
result if such section were amended so that the formula under
clause (xi) of such section, as amended by subsection (a),
were to be extended through fiscal year 2090; and
(D) any recommendations of the Secretary to make changes to
the formula under such section 3351(a)(2)(A), as so amended,
to fully offset anticipated Program expenditures through
fiscal year 2090.
(c) Technical Amendments.--Title XXXIII of the Public
Health Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3352(d) (42 U.S.C. 300mm-62(d)), by striking
``Any amounts'' and inserting ``Any unobligated amounts'';
[[Page H1284]]
(2) in section 3353(d) (42 U.S.C. 300mm-63(d)), by striking
``Any amounts'' and inserting ``Any unobligated amounts'';
and
(3) in section 3354(d) (42 U.S.C. 300mm-64(d)), by striking
``Any amounts'' and inserting ``Any unobligated amounts''.
TITLE V--PUBLIC HEALTH PROGRAMS
SEC. 6501. PREVENTING MATERNAL DEATHS.
(a) Maternal Mortality Review Committees.--Section 317K(d)
of the Public Health Service Act (42 U.S.C. 247b-12(d)) is
amended--
(1) in paragraph (1)(A), by inserting ``(including
obstetricians and gynecologists)'' after ``clinical
specialties''; and
(2) in paragraph (3)(A)(i)--
(A) in subclause (I), by striking ``as applicable'' and
inserting ``if available''; and
(B) in subclause (III), by striking ``, as appropriate''
and inserting ``and coordinating with individuals responsible
for certifying deaths to improve the collection and quality
of death record reports, including by amending errors and
missing or incomplete information to cause-of-death
information on a death certificate, as appropriate''.
(b) Maternal Mortality.--Section 317K of the Public Health
Service Act (42 U.S.C. 247b-12) is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Best Practices Relating to the Prevention of Maternal
Mortality.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall, in consultation with the Administrator of the Health
Resources and Services Administration, identify and
disseminate to health care providers, relevant professional
societies, and perinatal quality collaboratives, best
practices related to preventing maternal morbidity and
mortality, taking into consideration any relevant findings
from other Federal maternal health programs.
``(2) Frequency.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall disseminate the best practices referred to in paragraph
(1) not less than once per fiscal year.''.
(c) Authorization of Appropriations.--Subsection (g) of
section 317K of the Public Health Service Act (42 U.S.C.
247b-12), as redesignated by subsection (b)(1), is amended by
striking ``$58,000,000 for each of fiscal years 2019 through
2023'' and inserting ``$100,000,000 for each of fiscal years
2026 through 2030''.
SEC. 6502. ORGAN PROCUREMENT AND TRANSPLANTATION NETWORK.
Section 372 of the Public Health Service Act (42 U.S.C.
274) is amended--
(1) in subsection (b)(2)--
(A) by moving the margins of subparagraphs (M) through (O)
2 ems to the left;
(B) in subparagraph (A)--
(i) in clause (i), by striking ``, and'' and inserting ``;
and''; and
(ii) in clause (ii), by striking the comma at the end and
inserting a semicolon;
(C) in subparagraph (C), by striking ``twenty-four-hour
telephone service'' and inserting ``24-hour telephone or
information technology service'';
(D) in each of subparagraphs (B) through (M), by striking
the comma at the end and inserting a semicolon;
(E) in subparagraph (N), by striking ``transportation,
and'' and inserting ``transportation;'';
(F) in subparagraph (O), by striking the period and
inserting a semicolon; and
(G) by adding at the end the following:
``(P) encourage the integration of electronic health
records systems through application programming interfaces
(or successor technologies) among hospitals, organ
procurement organizations, and transplant centers, including
the use of automated electronic hospital referrals and the
grant of remote, electronic access to hospital electronic
health records of potential donors by organ procurement
organizations, in a manner that complies with the privacy
regulations promulgated under the Health Insurance
Portability and Accountability Act of 1996, at part 160 of
title 45, Code of Federal Regulations, and subparts A, C, and
E of part 164 of such title (or any successor regulations);
and
``(Q) consider establishing a dashboard to display the
number of transplants performed, the types of transplants
performed, the number and types of organs that entered the
Organ Procurement and Transplantation Network system and
failed to be transplanted, and other appropriate statistics,
which should be updated more frequently than annually.''; and
(2) by adding at the end the following:
``(d) Registration Fees.--
``(1) In general.--The Secretary may collect registration
fees from any member of the Organ Procurement and
Transplantation Network for each transplant candidate such
member places on the list described in subsection
(b)(2)(A)(i). Such registration fees shall be collected and
distributed only to support the operation of the Organ
Procurement and Transplantation Network. Such registration
fees are authorized to remain available until expended.
``(2) Collection.--The Secretary may collect the
registration fees under paragraph (1) directly or through
awards made under subsection (b)(1)(A).
``(3) Distribution.--Any amounts collected under this
subsection shall--
``(A) be credited to the currently applicable
appropriation, account, or fund of the Department of Health
and Human Services as discretionary offsetting collections;
and
``(B) be available, only to the extent and in the amounts
provided in advance in appropriations Acts, to distribute
such fees among awardees described in subsection (b)(1)(A).
``(4) Transparency.--The Secretary shall--
``(A) promptly post on the website of the Organ Procurement
and Transplantation Network--
``(i) the amount of registration fees collected under this
subsection from each member of the Organ Procurement and
Transplantation Network; and
``(ii) a list of activities such fees are used to support;
and
``(B) update the information posted pursuant to
subparagraph (A), as applicable for each calendar quarter for
which fees are collected under paragraph (1).
``(5) GAO review.--Not later than 2 years after the date of
enactment of this subsection, the Comptroller General of the
United States shall, to the extent data are available--
``(A) conduct a review concerning the activities under this
subsection; and
``(B) submit to the Committee on Health, Education, Labor,
and Pensions and the Committee on Finance of the Senate and
the Committee on Energy and Commerce of the House of
Representatives, a report on such review, including related
recommendations, as applicable.
``(6) Sunset.--The authority to collect registration fees
under paragraph (1) shall expire on the date that is 3 years
after the date of enactment of the Consolidated
Appropriations Act, 2026.''.
SEC. 6503. HONOR OUR LIVING DONORS.
(a) No Consideration of Income of Organ Recipient.--Section
377 of the Public Health Service Act (42 U.S.C. 274f) is
amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) No Consideration of Income of Organ Recipient.--The
recipient of a grant under this section, in providing
reimbursement to a donating individual through such grant,
shall not give any consideration to the income of the organ
recipient.''; and
(3) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``subsection (c)(1)'' and
inserting ``subsection (d)(1)''; and
(B) in paragraph (2), by striking ``subsection (c)(2)'' and
inserting ``subsection (d)(2)''.
(b) Removal of Expectation of Payments by Organ
Recipients.--Section 377(e) of the Public Health Service Act
(42 U.S.C. 274f(e)), as redesignated by subsection (a)(1), is
amended--
(1) in paragraph (1), by adding ``or'' at the end;
(2) in paragraph (2), by striking ``; or'' and inserting a
period; and
(3) by striking paragraph (3).
(c) Annual Report.--Section 377 of the Public Health
Service Act (42 U.S.C. 274f), as amended by subsections (a)
and (b), is amended by adding at the end the following:
``(h) Annual Report.--Not later than December 31 of each
year, beginning in fiscal year 2027, the Secretary shall--
``(1) prepare, submit to the Congress, and make public a
report on whether grants under this section provided adequate
funding during the preceding fiscal year to reimburse all
donating individuals participating in the grant program under
this section for all qualifying expenses; and
``(2) include in each such report--
``(A) the estimated number of all donating individuals
participating in the grant program under this section who did
not receive reimbursement for all qualifying expenses during
the preceding fiscal year; and
``(B) the total amount of funding that is estimated to be
necessary to fully reimburse all donating individuals
participating in the grant program under this section for all
qualifying expenses.''.
SEC. 6504. PROGRAM FOR PEDIATRIC STUDIES OF DRUGS.
Section 409I(d)(1) of the Public Health Service Act (42
U.S.C. 284m(d)(1)) is amended by striking ``section,'' and
all that follows through the period at the end and inserting
``section, $25,000,000 for each of fiscal years 2026 through
2028.''.
SEC. 6505. SICKLE CELL DISEASE PREVENTION AND TREATMENT.
(a) In General.--Section 1106(b) of the Public Health
Service Act (42 U.S.C. 300b-5(b)) is amended--
(1) in paragraph (1)(A)(iii), by striking ``prevention and
treatment of sickle cell disease'' and inserting ``treatment
of sickle cell disease and the prevention and treatment of
complications of sickle cell disease'';
(2) in paragraph (2)(D), by striking ``prevention and
treatment of sickle cell disease'' and inserting ``treatment
of sickle cell disease and the prevention and treatment of
complications of sickle cell disease'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``enter into a
contract with'' and inserting ``make a grant to, or enter
into a contract or cooperative agreement with,''; and
(B) in subparagraph (B), in each of clauses (ii) and (iii),
by striking ``prevention and treatment of sickle cell
disease'' and inserting ``treatment of sickle cell disease
and the prevention and treatment of complications of sickle
cell disease''; and
[[Page H1285]]
(4) in paragraph (6), by striking ``$4,455,000 for each of
fiscal years 2019 through 2023'' and inserting ``$8,205,000
for each of fiscal years 2026 through 2030''.
(b) Sense of Congress.--It is the sense of Congress that
further research should be undertaken to expand the
understanding of the causes of, and to find cures for,
heritable blood disorders, including sickle cell disease.
SEC. 6506. LIFESPAN RESPITE CARE.
(a) Definition of Family Caregiver.--Section 2901(5) of the
Public Health Service Act (42 U.S.C. 300ii(5)) is amended by
striking ``unpaid adult'' and inserting ``unpaid
individual''.
(b) Funding.--Section 2905 of the Public Health Service Act
(42 U.S.C. 300ii-4) is amended by striking ``fiscal years
2020 through fiscal year 2024'' and inserting ``fiscal years
2026 through 2030''.
SEC. 6507. PREEMIE.
(a) Research Relating to Preterm Labor and Delivery and the
Care, Treatment, and Outcomes of Preterm and Low Birthweight
Infants.--
(1) In general.--Section 3(e) of the Prematurity Research
Expansion and Education for Mothers who deliver Infants Early
Act (42 U.S.C. 247b-4f(e)) is amended by striking ``fiscal
years 2019 through 2023'' and inserting ``fiscal years 2026
through 2030''.
(2) Technical correction.--Effective as if included in the
enactment of the PREEMIE Reauthorization Act of 2018 (Public
Law 115-328), section 2 of such Act is amended, in the matter
preceding paragraph (1), by striking ``Section 2'' and
inserting ``Section 3''.
(b) Interagency Working Group.--Section 5(a) of the PREEMIE
Reauthorization Act of 2018 (Public Law 115-328) is amended
by striking ``The Secretary of Health and Human Services, in
collaboration with other departments, as appropriate, may
establish'' and inserting ``Not later than 18 months after
the date of the enactment of the Consolidated Appropriations
Act, 2026, the Secretary of Health and Human Services, in
collaboration with other departments, as appropriate, shall
establish''.
(c) Study on Preterm Births.--
(1) In general.--The Secretary of Health and Human Services
shall enter into appropriate arrangements with the National
Academies of Sciences, Engineering, and Medicine under which
the National Academies shall--
(A) not later than 30 days after the date of enactment of
this Act, convene a committee of experts in maternal health
to study premature births in the United States; and
(B) upon completion of the study under subparagraph (A)--
(i) approve by consensus a report on the results of such
study;
(ii) include in such report--
(I) an assessment of each of the topics listed in paragraph
(2);
(II) the analysis required by paragraph (3); and
(III) the raw data used to develop such report; and
(iii) not later than 24 months after the date of enactment
of this Act, transmit such report to--
(I) the Secretary of Health and Human Services;
(II) the Committee on Energy and Commerce of the House of
Representatives; and
(III) the Committee on Finance and the Committee on Health,
Education, Labor, and Pensions of the Senate.
(2) Assessment topics.--The topics listed in this
subsection are each of the following:
(A) The financial costs of premature birth to society,
including--
(i) an analysis of stays in neonatal intensive care units
and the cost of such stays;
(ii) long-term costs of stays in such units to society and
the family involved post-discharge; and
(iii) health care costs for families post-discharge from
such units (such as medications, therapeutic services, co-
payments for visits, and specialty equipment).
(B) The factors that impact preterm birth rates.
(C) Opportunities for earlier detection of premature birth
risk factors, including--
(i) opportunities to improve maternal and infant health;
and
(ii) opportunities for public health programs to provide
support and resources for parents in-hospital, in non-
hospital settings, and post-discharge.
(3) Analysis.--The analysis required by this subsection is
an analysis of--
(A) targeted research strategies to develop effective
drugs, treatments, or interventions to bring at-risk
pregnancies to term;
(B) State and other programs' best practices with respect
to reducing premature birth rates; and
(C) precision medicine and preventative care approaches
starting early in the life course (including during
pregnancy) with a focus on behavioral and biological
influences on premature birth, child health, and the
trajectory of such approaches into adulthood.
SEC. 6508. DR. LORNA BREEN HEALTH CARE PROVIDER PROTECTION.
(a) Dissemination of Best Practices.--Section 2 of the Dr.
Lorna Breen Health Care Provider Protection Act (Public Law
117-105) is amended by striking ``2 years'' and inserting ``5
years''.
(b) Education and Awareness Initiative Encouraging Use of
Mental Health and Substance Use Disorder Services by Health
Care Professionals.--Section 3 of the Dr. Lorna Breen Health
Care Provider Protection Act (Public Law 117-105) is
amended--
(1) in subsection (b), by inserting ``and annually
thereafter,'' after ``of this Act,''; and
(2) in subsection (c), by striking ``2022 through 2024''
and inserting ``2026 through 2030''.
(c) Programs to Promote Mental Health Among the Health
Professional Workforce.--The second section 764 of the Public
Health Service Act (42 U.S.C. 294t), as added by section 4 of
the Dr. Lorna Breen Health Care Provider Protection Act
(Public Law 117-105), is amended--
(1) by redesignating such section 764 as section 764A;
(2) in subsection (a)(3)--
(A) by striking ``to eligible entities in'' and inserting
``to eligible entities that--
``(A) are in'';
(B) by striking the period and inserting ``; or''; and
(C) by adding at the end the following:
``(B) have a focus on the reduction of administrative
burden on health care workers.'';
(3) in subsection (c), by inserting ``not less than'' after
``period of''; and
(4) in subsection (f), by striking ``2022 through 2024''
and inserting ``2026 through 2030''.
TITLE VI--FOOD AND DRUG ADMINISTRATION
Subtitle A--Mikaela Naylon Give Kids a Chance Act
SEC. 6601. RESEARCH INTO PEDIATRIC USES OF DRUGS; ADDITIONAL
AUTHORITIES OF FOOD AND DRUG ADMINISTRATION
REGARDING MOLECULARLY TARGETED CANCER DRUGS.
(a) In General.--
(1) Additional active ingredient for application drug;
limitation regarding novel-combination application drug.--
Section 505B(a)(3) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355c(a)(3)) is amended--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by striking subparagraph (A) and inserting the
following:
``(A) In general.--For purposes of paragraph (1)(B), the
investigation described in this paragraph is a molecularly
targeted pediatric cancer investigation of--
``(i) the drug or biological product for which the
application referred to in such paragraph is submitted; or
``(ii) such drug or biological product used in combination
with--
``(I) an active ingredient of a drug or biological
product--
``(aa) for which an approved application under section
505(j) under this Act or under section 351(k) of the Public
Health Service Act is in effect; and
``(bb) that is determined by the Secretary, after
consultation with the applicant, to be part of the standard
of care for treating a pediatric cancer; or
``(II) an active ingredient of a drug or biological
product--
``(aa) for which an approved application under section
505(b) of this Act or section 351(a) of the Public Health
Service Act to treat an adult cancer is in effect and is held
by the same person submitting the application under paragraph
(1)(B); and
``(bb) that is directed at a molecular target that the
Secretary determines to be substantially relevant to the
growth or progression of a pediatric cancer.
``(B) Additional requirements.--
``(i) Design of investigation.--A molecularly targeted
pediatric cancer investigation referred to in subparagraph
(A) shall be designed to yield clinically meaningful
pediatric study data that is gathered using appropriate
formulations for each age group for which the study is
required, regarding dosing, safety, and preliminary efficacy
to inform potential pediatric labeling.
``(ii) Limitation.--An investigation described in
subparagraph (A)(ii) may be required only if the drug or
biological product for which the application referred to in
paragraph (1)(B) contains either--
``(I) a single new active ingredient; or
``(II) more than one active ingredient, if an application
for the combination of active ingredients has not previously
been approved but each active ingredient is in a drug product
that has been previously approved to treat an adult cancer.
``(iii) Results of already-completed preclinical studies of
application drug.--With respect to an investigation required
pursuant to paragraph (1)(B), the Secretary may require the
results of any completed preclinical studies relevant to the
initial pediatric study plan be submitted to the Secretary at
the same time that the initial pediatric study plan required
under subsection (e)(1) is submitted.
``(iv) Rule of construction regarding inactive
ingredients.--With respect to a combination of active
ingredients referred to in subparagraph (A)(ii), such
subparagraph shall not be construed as addressing the use of
inactive ingredients with such combination.''.
(2) Determination of applicable requirements.--Section
505B(e)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355c(e)(1)) is amended by adding at the end
[[Page H1286]]
the following: ``The Secretary shall determine whether
subparagraph (A) or (B) of subsection (a)(1) applies with
respect to an application before the date on which the
applicant is required to submit the initial pediatric study
plan under paragraph (2)(A).''.
(3) Clarifying applicability.--Section 505B(a)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355c(a)(1))
is amended by adding at the end the following:
``(C) Rule of construction.--No application that is subject
to the requirements of subparagraph (B) shall be subject to
the requirements of subparagraph (A), and no application (or
supplement to an application) that is subject to the
requirements of subparagraph (A) shall be subject to the
requirements of subparagraph (B).''.
(4) Conforming amendments.--Section 505B(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355c(a)) is amended--
(A) in paragraph (3)(C), as redesignated by paragraph
(1)(A) of this subsection, by striking ``investigations
described in this paragraph'' and inserting ``investigations
referred to in subparagraph (A)''; and
(B) in paragraph (3)(D), as redesignated by paragraph
(1)(A) of this subsection, by striking ``the assessments
under paragraph (2)(B)'' and inserting ``the assessments
required under paragraph (1)(A)''.
(b) Guidance.--The Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs, shall--
(1) not later than 12 months after the date of enactment of
this Act, issue draft guidance on the implementation of the
amendments made by subsection (a); and
(2) not later than 12 months after closing the comment
period on such draft guidance, finalize such guidance.
(c) Applicability.--The amendments made by this section
apply with respect to any application under section 505(b) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b))
and any application under section 351(a) of the Public Health
Service Act (42 U.S.C. 262(a)), that is submitted on or after
the date that is 3 years after the date of enactment of this
Act.
(d) Reports to Congress.--
(1) Secretary of health and human services.--Not later than
6 years after the date of enactment of this Act, the
Secretary of Health and Human Services shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report on the Secretary's
efforts, in coordination with industry, to ensure
implementation of the amendments made by subsection (a).
(2) GAO study and report.--
(A) Study.--Not later than 8 years after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study of the effectiveness of
requiring assessments and investigations described in section
505B of the Federal Food, Drug, and Cosmetic Act (21
U.S.C.355c), as amended by subsection (a), in the development
of drugs and biological products for pediatric cancer
indications, including consideration of any benefits to, or
burdens on, pediatric cancer drug development.
(B) Findings.--Not later than 10 years after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report containing the
findings of the study conducted under subparagraph (A).
SEC. 6602. ENSURING COMPLETION OF PEDIATRIC STUDY
REQUIREMENTS.
(a) Equal Accountability for Pediatric Study
Requirements.--Section 505B(d) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355c(d)) is amended--
(1) in paragraph (1), by striking ``Beginning 270'' and
inserting ``Noncompliance letter.--Beginning 270'';
(2) in paragraph (2)--
(A) by striking ``The drug or'' and inserting ``Effect of
noncompliance.--The drug or''; and
(B) by striking ``(except that the drug or biological
product shall not be subject to action under section 303)''
and inserting ``(except that the drug or biological product
shall be subject to action under section 303 only if such
person demonstrated a lack of due diligence in satisfying the
applicable requirement)''; and
(3) by adding at the end the following:
``(3) Limitation.--The Secretary shall not issue
enforcement actions under section 303 for failures under this
subsection in the case of a drug or biological product that
is no longer marketed.''.
(b) Due Diligence.--Section 505B(d) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355c(d)), as amended by
subsection (a), is further amended by adding at the end the
following:
``(4) Due diligence.--Before the Secretary may conclude
that a person failed to submit or otherwise meet a
requirement as described in the matter preceding paragraph
(1), the Secretary shall--
``(A) issue a noncompliance letter pursuant to paragraph
(1);
``(B) provide such person with a 45-day period beginning on
the date of receipt of such noncompliance letter to respond
in writing as set forth in such paragraph; and
``(C) after reviewing such written response, determine
whether the person demonstrated a lack of due diligence in
satisfying such requirement.''.
(c) Conforming Amendments.--Section 303(f)(4)(A) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)(4)(A))
is amended by striking ``or 505-1'' and inserting ``505-1, or
505B''.
(d) Transition Rule.--The Secretary of Health and Human
Services may take enforcement action under section 303 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) only for
failures described in section 505B(d) of such Act (21 U.S.C.
355c(d)) that occur on or after the date that is 180 days
after the date of enactment of this Act.
SEC. 6603. FDA REPORT ON PREA ENFORCEMENT.
Section 508(b) of the Food and Drug Administration Safety
and Innovation Act (21 U.S.C. 355c-1(b)) is amended--
(1) in paragraph (11), by striking the semicolon at the end
and inserting ``, including an evaluation of compliance with
deadlines provided for in deferrals and deferral
extensions;'';
(2) in paragraph (15), by striking ``and'' at the end;
(3) in paragraph (16), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(17) a listing of penalties, settlements, or payments
under section 303 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 353) for failure to comply with requirements under
such section 505B, including, for each penalty, settlement,
or payment, the name of the drug, the sponsor thereof, and
the amount of the penalty, settlement, or payment imposed.''.
SEC. 6604. EXTENSION OF AUTHORITY TO ISSUE PRIORITY REVIEW
VOUCHERS TO ENCOURAGE TREATMENTS FOR RARE
PEDIATRIC DISEASES.
(a) Extension.--Paragraph (5) of section 529(b) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ff(b)) is
amended by striking ``December 20, 2024, unless'' and all
that follows through the period at the end and inserting
``September 30, 2029.''.
(b) User Fee Payment.--Section 529(c)(4) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360ff(c)(4)) is
amended by striking subparagraph (A) and inserting the
following:
``(A) In general.--The priority review user fee required by
this subsection shall be due upon the submission of a human
drug application under section 505(b)(1) or section 351(a) of
the Public Health Service Act for which the priority review
voucher is used. All other user fees associated with the
human drug application shall be due as required by the
Secretary or under applicable law.''.
(c) GAO Report on Effectiveness of Rare Pediatric Disease
Priority Voucher Awards in Incentivizing Rare Pediatric
Disease Drug Development.--
(1) GAO study.--
(A) Study.--The Comptroller General of the United States
shall conduct a study of the effectiveness of awarding rare
pediatric disease priority vouchers under section 529 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360ff), as
amended by subsection (a), in the development of human drug
products that treat or prevent rare pediatric diseases (as
defined in such section 529).
(B) Contents of study.--In conducting the study under
subparagraph (A), the Comptroller General shall examine the
following:
(i) The indications for each drug or biological product
that--
(I) is the subject of a rare pediatric disease product
application (as defined in section 529 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360ff)) for which a
priority review voucher was awarded; and
(II) was approved under section 505 of the Federal Food,
Drug, and Cosmetic Act (42 U.S.C. 355) or licensed under
section 351 of the Public Health Service Act (42 U.S.C. 262).
(ii) Whether, and to what extent, an unmet need related to
the treatment or prevention of a rare pediatric disease was
met through the approval or licensure of such a drug or
biological product.
(iii) The size of the company to which a priority review
voucher was awarded under section 529 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360ff) for such a drug or
biological product.
(iv) The value of such priority review voucher if
transferred.
(v) Identification of each drug for which a priority review
voucher awarded under such section 529 was used.
(vi) The size of the company using each priority review
voucher awarded under such section 529.
(vii) The length of the period of time between the date on
which a priority review voucher was awarded under such
section 529 and the date on which it was used.
(viii) Whether, and to what extent, an unmet need related
to the treatment or prevention of a rare pediatric disease
was met through the approval under section 505 of the Federal
Food, Drug, and Cosmetic Act (42 U.S.C. 355) or licensure
under section 351 of the Public Health Service Act (42 U.S.C.
262) of a drug for which a priority review voucher was used.
(ix) Whether, and to what extent, companies were motivated
by the availability of priority review vouchers under section
529 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360ff) to attempt to develop a drug for a rare pediatric
disease.
(x) Whether, and to what extent, pediatric review vouchers
awarded under such section were successful in stimulating
development and expedited patient access to drug products for
treatment or prevention of a rare pediatric disease that
wouldn't otherwise take place without the incentive provided
by such vouchers.
[[Page H1287]]
(xi) The impact of such priority review vouchers on the
workload, review process, and public health prioritization
efforts of the Food and Drug Administration.
(xii) Any other incentives in Federal law that exist for
companies developing drugs or biological products described
in clause (i).
(2) Report on findings.--Not later than 5 years after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
containing the findings of the study conducted under
paragraph (1).
SEC. 6605. LIMITATIONS ON EXCLUSIVE APPROVAL OR LICENSURE OF
ORPHAN DRUGS.
(a) In General.--Section 527 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360cc) is amended--
(1) in subsection (a), in the matter following paragraph
(2), by striking ``same disease or condition'' and inserting
``same approved use or indication within such rare disease or
condition'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``same rare disease or condition'' and inserting ``same
approved use or indication for which such 7-year period
applies to such already approved or licensed drug''; and
(B) in paragraph (1), by inserting ``, relating to the
approved use or indication,'' after ``the needs'';
(3) in subsection (c)(1), by striking ``same rare disease
or condition as the already approved drug'' and inserting
``same use or indication for which the already approved or
licensed drug was approved or licensed''; and
(4) by adding at the end the following:
``(f) Approved Use or Indication Defined.--In this section,
the term `approved use or indication' means the use or
indication approved under section 505 of this Act or licensed
under section 351 of the Public Health Service Act for a drug
designated under section 526 for a rare disease or
condition.''.
(b) Application of Amendments.--The amendments made by
subsection (a) shall apply with respect to any drug
designated under section 526 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bb), regardless of the date on
which the drug was so designated, and regardless of the date
on which the drug was approved under section 505 of such Act
(21 U.S.C. 355) or licensed under section 351 of the Public
Health Service Act (42 U.S.C. 262).
Subtitle B--United States-Abraham Accords Cooperation and Security
SEC. 6611. ESTABLISHMENT OF ABRAHAM ACCORDS OFFICE WITHIN
FOOD AND DRUG ADMINISTRATION.
(a) In General.--Chapter X of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 391 et seq.) is amended by adding at
the end the following:
``SEC. 1015. ABRAHAM ACCORDS OFFICE.
``(a) In General.--The Secretary, acting through the
Commissioner of Food and Drugs, shall establish within the
Food and Drug Administration an office, to be known as the
Abraham Accords Office, to be headed by a director.
``(b) Office.--Not later than 2 years after the date of
enactment of this section, the Secretary shall--
``(1) in consultation with the governments of Abraham
Accords countries, as well as appropriate United States
Government diplomatic and security personnel--
``(A) select the location of the Abraham Accords Office in
an Abraham Accords country; and
``(B) establish such office; and
``(2) assign to such office such personnel of the Food and
Drug Administration as the Secretary determines necessary to
carry out the functions of such office.
``(c) Duties.--The Secretary, acting through the Director
of the Abraham Accords Office, shall--
``(1) after the Abraham Accords Office is established--
``(A) as part of the Food and Drug Administration's work to
strengthen the international oversight of regulated
commodities, provide technical assistance to regulatory
partners in Abraham Accords countries on strengthening
regulatory oversight and converging regulatory requirements
for the oversight of regulated products, including good
manufacturing practices and other issues relevant to
manufacturing medical products that are regulated by the Food
and Drug Administration; and
``(B) facilitate interactions between the Food and Drug
Administration and interested parties in Abraham Accords
countries, including by sharing relevant information
regarding United States regulatory pathways with such
parties, and facilitate feedback on the research,
development, and manufacturing of products regulated in
accordance with this Act; and
``(2) carry out other functions and activities as the
Secretary determines to be necessary to carry out this
section.
``(d) Abraham Accords Country Defined.--In this section,
the term `Abraham Accords country' means a country identified
by the Department of State as having signed the Abraham
Accords Declaration.
``(e) National Security.--Nothing in this section shall be
construed to require any action inconsistent with a national
security recommendation provided by the Federal
Government.''.
(b) Report to Congress.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Congress a report on the Abraham
Accords Office, including--
(A) an evaluation of how the Office has advanced progress
toward conformance with Food and Drug Administration
regulatory requirements by manufacturers in the Abraham
Accords countries;
(B) a numerical count of parties that the Office has helped
facilitate interactions or feedback pursuant to section
1015(c)(1)(B) of the Federal Food, Drug, and Cosmetic Act (as
added by subsection (a));
(C) a summary of technical assistance provided to
regulatory partners in Abraham Accords countries pursuant to
subparagraph (A) of such section 1015(c)(1); and
(D) recommendations for increasing and improving
coordination between the Food and Drug Administration and
entities in Abraham Accords countries.
(2) Abraham accords country defined.--In this subsection,
the term ``Abraham Accords country'' has the meaning given
such term in section 1015(d) of the Federal Food, Drug, and
Cosmetic Act (as added by subsection (a)).
TITLE VII--LOWERING PRESCRIPTION DRUG COSTS
SEC. 6701. OVERSIGHT OF PHARMACY BENEFIT MANAGEMENT SERVICES.
(a) Public Health Service Act.--Title XXVII of the Public
Health Service Act (42 U.S.C. 300gg et seq.) is amended--
(1) in part D (42 U.S.C. 300gg-111 et seq.), by adding at
the end the following new section:
``SEC. 2799A-11. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY
BENEFIT MANAGEMENT SERVICES.
``(a) In General.--For plan years beginning on or after the
date that is 30 months after the date of enactment of this
section (referred to in this subsection and subsection (b) as
the `effective date'), a group health plan or a health
insurance issuer offering group health insurance coverage, or
an entity providing pharmacy benefit management services on
behalf of such a plan or issuer, shall not enter into a
contract, including an extension or renewal of a contract,
entered into on or after the effective date, with an
applicable entity unless such applicable entity agrees to--
``(1) not limit or delay the disclosure of information to
the group health plan (including such a plan offered through
a health insurance issuer) in such a manner that prevents an
entity providing pharmacy benefit management services on
behalf of a group health plan or health insurance issuer
offering group health insurance coverage from making the
reports described in subsection (b); and
``(2) provide the entity providing pharmacy benefit
management services on behalf of a group health plan or
health insurance issuer relevant information necessary to
make the reports described in subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after the
effective date, in the case of any contract between a group
health plan or a health insurance issuer offering group
health insurance coverage offered in connection with such a
plan and an entity providing pharmacy benefit management
services on behalf of such plan or issuer, including an
extension or renewal of such a contract, entered into on or
after the effective date, the entity providing pharmacy
benefit management services on behalf of such a group health
plan or health insurance issuer, not less frequently than
every 6 months (or, at the request of a group health plan,
not less frequently than quarterly, and under the same
conditions, terms, and cost of the semiannual report under
this subsection), shall submit to the group health plan a
report in accordance with this section. Each such report
shall be made available to such group health plan in plain
language, in a machine-readable format, and as the Secretary
may determine, other formats. Each such report shall include
the information described in paragraph (2).
``(2) Information described.--For purposes of paragraph
(1), the information described in this paragraph is, with
respect to drugs covered by a group health plan or group
health insurance coverage offered by a health insurance
issuer in connection with a group health plan during each
reporting period--
``(A) in the case of a group health plan that is offered by
a specified large employer or that is a specified large plan,
and is not offered as health insurance coverage, or in the
case of health insurance coverage for which the election
under paragraph (3) is made for the applicable reporting
period--
``(i) a list of drugs for which a claim was filed and, with
respect to each such drug on such list--
``(I) the contracted compensation paid by the group health
plan or health insurance issuer for each covered drug
(identified by the National Drug Code) to the entity
providing pharmacy benefit management services or other
applicable entity on behalf of the group health plan or
health insurance issuer;
``(II) the contracted compensation paid to the pharmacy, by
any entity providing pharmacy benefit management services or
other applicable entity on behalf of the group health plan or
health insurance issuer, for each covered drug (identified by
the National Drug Code);
[[Page H1288]]
``(III) for each such claim, the difference between the
amount paid under subclause (I) and the amount paid under
subclause (II);
``(IV) the proprietary name, established name or proper
name, and the National Drug Code;
``(V) for each claim for the drug (including original
prescriptions and refills) and for each dosage unit of the
drug for which a claim was filed, the type of dispensing
channel used to furnish the drug, including retail, mail
order, or specialty pharmacy;
``(VI) with respect to each drug dispensed, for each type
of dispensing channel (including retail, mail order, or
specialty pharmacy)--
``(aa) whether such drug is a brand name drug or a generic
drug, and--
``(AA) in the case of a brand name drug, the wholesale
acquisition cost, listed as cost per days supply and cost per
dosage unit, on the date such drug was dispensed; and
``(BB) in the case of a generic drug, the average wholesale
price, listed as cost per days supply and cost per dosage
unit, on the date such drug was dispensed; and
``(bb) the total number of--
``(AA) prescription claims (including original
prescriptions and refills);
``(BB) participants and beneficiaries for whom a claim for
such drug was filed through the applicable dispensing
channel;
``(CC) dosage units and dosage units per fill of such drug;
and
``(DD) days supply of such drug per fill;
``(VII) the net price per course of treatment or single
fill, such as a 30-day supply or 90-day supply to the plan or
coverage after rebates, fees, alternative discounts, or other
remuneration received from applicable entities;
``(VIII) the total amount of out-of-pocket spending by
participants and beneficiaries on such drug, including
spending through copayments, coinsurance, and deductibles,
but not including any amounts spent by participants and
beneficiaries on drugs not covered under the plan or
coverage, or for which no claim is submitted under the plan
or coverage;
``(IX) the total net spending on the drug;
``(X) the total amount received, or expected to be
received, by the plan or issuer from any applicable entity in
rebates, fees, alternative discounts, or other remuneration;
``(XI) the total amount received, or expected to be
received, by the entity providing pharmacy benefit management
services, from applicable entities, in rebates, fees,
alternative discounts, or other remuneration from such
entities--
``(aa) for claims incurred during the reporting period; and
``(bb) that is related to utilization of such drug or
spending on such drug; and
``(XII) to the extent feasible, information on the total
amount of remuneration for such drug, including copayment
assistance dollars paid, copayment cards applied, or other
discounts provided by each drug manufacturer (or entity
administering copayment assistance on behalf of such drug
manufacturer), to the participants and beneficiaries enrolled
in such plan or coverage;
``(ii) a list of each therapeutic class (as defined by the
Secretary) for which a claim was filed under the group health
plan or health insurance coverage during the reporting
period, and, with respect to each such therapeutic class--
``(I) the total gross spending on drugs in such class
before rebates, price concessions, alternative discounts, or
other remuneration from applicable entities;
``(II) the net spending in such class after such rebates,
price concessions, alternative discounts, or other
remuneration from applicable entities;
``(III) the total amount received, or expected to be
received, by the entity providing pharmacy benefit management
services, from applicable entities, in rebates, fees,
alternative discounts, or other remuneration from such
entities--
``(aa) for claims incurred during the reporting period; and
``(bb) that is related to utilization of drugs or drug
spending;
``(IV) the average net spending per 30-day supply and per
90-day supply by the plan or by the issuer with respect to
such coverage and its participants and beneficiaries, among
all drugs within the therapeutic class for which a claim was
filed during the reporting period;
``(V) the number of participants and beneficiaries who
filled a prescription for a drug in such class, including the
National Drug Code for each such drug;
``(VI) if applicable, a description of the formulary tiers
and utilization mechanisms (such as prior authorization or
step therapy) employed for drugs in that class; and
``(VII) the total out-of-pocket spending under the plan or
coverage by participants and beneficiaries, including
spending through copayments, coinsurance, and deductibles,
but not including any amounts spent by participants and
beneficiaries on drugs not covered under the plan or coverage
or for which no claim is submitted under the plan or
coverage;
``(iii) with respect to any drug for which gross spending
under the group health plan or health insurance coverage
exceeded $10,000 during the reporting period or, in the case
that gross spending under the group health plan or coverage
exceeded $10,000 during the reporting period with respect to
fewer than 50 drugs, with respect to the 50 prescription
drugs with the highest spending during the reporting period--
``(I) a list of all other drugs in the same therapeutic
class as such drug;
``(II) if applicable, the rationale for the formulary
placement of such drug in that therapeutic category or class,
selected from a list of standard rationales established by
the Secretary, in consultation with stakeholders; and
``(III) any change in formulary placement compared to the
prior plan year; and
``(iv) in the case that such plan or issuer (or an entity
providing pharmacy benefit management services on behalf of
such plan or issuer) has an affiliated pharmacy or pharmacy
under common ownership, including mandatory mail and
specialty home delivery programs, retail and mail auto-refill
programs, and cost sharing assistance incentives funded by an
entity providing pharmacy benefit services--
``(I) an explanation of any benefit design parameters that
encourage or require participants and beneficiaries in the
plan or coverage to fill prescriptions at mail order,
specialty, or retail pharmacies;
``(II) the percentage of total prescriptions dispensed by
such pharmacies to participants or beneficiaries in such plan
or coverage; and
``(III) a list of all drugs dispensed by such pharmacies to
participants or beneficiaries enrolled in such plan or
coverage, and, with respect to each drug dispensed--
``(aa) the amount charged, per dosage unit, per 30-day
supply, or per 90-day supply (as applicable) to the plan or
issuer, and to participants and beneficiaries;
``(bb) the median amount charged to such plan or issuer,
and the interquartile range of the costs, per dosage unit,
per 30-day supply, and per 90-day supply, including amounts
paid by the participants and beneficiaries, when the same
drug is dispensed by other pharmacies that are not affiliated
with or under common ownership with the entity and that are
included in the pharmacy network of such plan or coverage;
``(cc) the lowest cost per dosage unit, per 30-day supply
and per 90-day supply, for each such drug, including amounts
charged to the plan or coverage and to participants and
beneficiaries, that is available from any pharmacy included
in the network of such plan or coverage; and
``(dd) the net acquisition cost per dosage unit, per 30-day
supply, and per 90-day supply, if such drug is subject to a
maximum price discount; and
``(B) with respect to any group health plan, including
group health insurance coverage offered in connection with
such a plan, regardless of whether the plan or coverage is
offered by a specified large employer or whether it is a
specified large plan--
``(i) a summary document for the group health plan that
includes such information described in clauses (i) through
(iv) of subparagraph (A), as specified by the Secretary
through guidance, program instruction, or otherwise (with no
requirement of notice and comment rulemaking), that the
Secretary determines useful to group health plans for
purposes of selecting pharmacy benefit management services,
such as an estimated net price to group health plan and
participant or beneficiary, a cost per claim, the fee
structure or reimbursement model, and estimated cost per
participant or beneficiary;
``(ii) a summary document for plans and issuers to provide
to participants and beneficiaries, which shall be made
available to participants or beneficiaries upon request to
their group health plan (including in the case of group
health insurance coverage offered in connection with such a
plan), that--
``(I) contains such information described in clauses (iii),
(iv), (v), and (vi), as applicable, as specified by the
Secretary through guidance, program instruction, or otherwise
(with no requirement of notice and comment rulemaking) that
the Secretary determines useful to participants or
beneficiaries in better understanding the plan or coverage or
benefits under such plan or coverage;
``(II) contains only aggregate information; and
``(III) states that participants and beneficiaries may
request specific, claims-level information required to be
furnished under subsection (c) from the group health plan or
health insurance issuer; and
``(iii) with respect to drugs covered by such plan or
coverage during such reporting period--
``(I) the total net spending by the plan or coverage for
all such drugs;
``(II) the total amount received, or expected to be
received, by the plan or issuer from any applicable entity in
rebates, fees, alternative discounts, or other remuneration;
and
``(III) to the extent feasible, information on the total
amount of remuneration for such drugs, including copayment
assistance dollars paid, copayment cards applied, or other
discounts provided by each drug manufacturer (or entity
administering copayment assistance on behalf of such drug
manufacturer) to participants and beneficiaries;
``(iv) amounts paid directly or indirectly in rebates,
fees, or any other type of compensation (as defined in
section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement
Income Security Act) to brokerage firms, brokers,
consultants, advisors, or any other individual or firm, for--
``(I) the referral of the group health plan's or health
insurance issuer's business to an entity providing pharmacy
benefit management services, including the identity of the
recipient of such amounts;
[[Page H1289]]
``(II) consideration of the entity providing pharmacy
benefit management services by the group health plan or
health insurance issuer; or
``(III) the retention of the entity by the group health
plan or health insurance issuer;
``(v) an explanation of any benefit design parameters that
encourage or require participants and beneficiaries in such
plan or coverage to fill prescriptions at mail order,
specialty, or retail pharmacies that are affiliated with or
under common ownership with the entity providing pharmacy
benefit management services under such plan or coverage,
including mandatory mail and specialty home delivery
programs, retail and mail auto-refill programs, and cost-
sharing assistance incentives directly or indirectly funded
by such entity; and
``(vi) total gross spending on all drugs under the plan or
coverage during the reporting period.
``(3) Opt-in for group health insurance coverage offered by
a specified large employer or that is a specified large
plan.--In the case of group health insurance coverage offered
in connection with a group health plan that is offered by a
specified large employer or is a specified large plan, such
group health plan may, on an annual basis, for plan years
beginning on or after the date that is 30 months after the
date of enactment of this section, elect to require an entity
providing pharmacy benefit management services on behalf of
the health insurance issuer to submit to such group health
plan a report that includes all of the information described
in paragraph (2)(A), in addition to the information described
in paragraph (2)(B).
``(4) Privacy requirements.--
``(A) In general.--An entity providing pharmacy benefit
management services on behalf of a group health plan or a
health insurance issuer offering group health insurance
coverage shall report information under paragraph (1) in a
manner consistent with the privacy regulations promulgated
under section 13402(a) of the Health Information Technology
for Economic and Clinical Health Act and consistent with the
privacy regulations promulgated under the Health Insurance
Portability and Accountability Act of 1996 in part 160 and
subparts A and E of part 164 of title 45, Code of Federal
Regulations (or successor regulations) (referred to in this
paragraph as the `HIPAA privacy regulations') and shall
restrict the use and disclosure of such information according
to such privacy regulations and such HIPAA privacy
regulations.
``(B) Additional requirements.--
``(i) In general.--An entity providing pharmacy benefit
management services on behalf of a group health plan or
health insurance issuer offering group health insurance
coverage that submits a report under paragraph (1) shall
ensure that such report contains only summary health
information, as defined in section 164.504(a) of title 45,
Code of Federal Regulations (or successor regulations).
``(ii) Restrictions.--In carrying out this subsection, a
group health plan shall comply with section 164.504(f) of
title 45, Code of Federal Regulations (or a successor
regulation), and a plan sponsor shall act in accordance with
the terms of the agreement described in such section.
``(C) Rule of construction.--
``(i) Nothing in this section shall be construed to modify
the requirements for the creation, receipt, maintenance, or
transmission of protected health information under the HIPAA
privacy regulations.
``(ii) Nothing in this section shall be construed to affect
the application of any Federal or State privacy or civil
rights law, including the HIPAA privacy regulations, the
Genetic Information Nondiscrimination Act of 2008 (Public Law
110-233) (including the amendments made by such Act), the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), section 1557 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18116), title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d), and title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e).
``(D) Written notice.--Each plan year, group health plans,
including with respect to group health insurance coverage
offered in connection with a group health plan, shall provide
to each participant or beneficiary written notice informing
the participant or beneficiary of the requirement for
entities providing pharmacy benefit management services on
behalf of the group health plan or health insurance issuer
offering group health insurance coverage to submit reports to
group health plans under paragraph (1), as applicable, which
may include incorporating such notification in plan documents
provided to the participant or beneficiary, or providing
individual notification.
``(E) Limitation to business associates.--A group health
plan receiving a report under paragraph (1) may disclose such
information only to the entity from which the report was
received or to that entity's business associates as defined
in section 160.103 of title 45, Code of Federal Regulations
(or successor regulations) or as permitted by the HIPAA
privacy regulations.
``(F) Clarification regarding public disclosure of
information.--Nothing in this section shall prevent an entity
providing pharmacy benefit management services on behalf of a
group health plan or health insurance issuer offering group
health insurance coverage, from placing reasonable
restrictions on the public disclosure of the information
contained in a report described in paragraph (1), except that
such plan, issuer, or entity may not--
``(i) restrict disclosure of such report to the Department
of Health and Human Services, the Department of Labor, or the
Department of the Treasury; or
``(ii) prevent disclosure for the purposes of subsection
(c), or any other public disclosure requirement under this
section.
``(G) Limited form of report.--The Secretary shall define
through rulemaking a limited form of the report under
paragraph (1) required with respect to any group health plan
established by a plan sponsor that is, or is affiliated with,
a drug manufacturer, drug wholesaler, or other direct
participant in the drug supply chain, in order to prevent
anti-competitive behavior.
``(5) Standard format and regulations.--
``(A) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall specify
through rulemaking a standard format for entities providing
pharmacy benefit management services on behalf of group
health plans and health insurance issuers offering group
health insurance coverage, to submit reports required under
paragraph (1).
``(B) Additional regulations.--Not later than 18 months
after the date of enactment of this section, the Secretary
shall, through rulemaking, promulgate any other final
regulations necessary to implement the requirements of this
section. In promulgating such regulations, the Secretary
shall, to the extent practicable, align the reporting
requirements under this section with the reporting
requirements under section 2799A-10.
``(c) Requirement To Provide Information to Participants or
Beneficiaries.--A group health plan, including with respect
to group health insurance coverage offered in connection with
a group health plan, upon request of a participant or
beneficiary, shall provide to such participant or
beneficiary--
``(1) the summary document described in subsection
(b)(2)(B)(ii); and
``(2) the information described in subsection
(b)(2)(A)(i)(III) with respect to a claim made by or on
behalf of such participant or beneficiary.
``(d) Enforcement.--
``(1) In general.--The Secretary shall enforce this
section. The enforcement authority under this subsection
shall apply only with respect to group health plans
(including group health insurance coverage offered in
connection with such a plan) to which the requirements of
subparts I and II of part A and part D apply in accordance
with section 2722, and with respect to entities providing
pharmacy benefit management services on behalf of such plans
and applicable entities providing services on behalf of such
plans.
``(2) Failure to provide information.--A group health plan,
a health insurance issuer offering group health insurance
coverage, an entity providing pharmacy benefit management
services on behalf of such a plan or issuer, or an applicable
entity providing services on behalf of such a plan or issuer
that violates subsection (a); an entity providing pharmacy
benefit management services on behalf of such a plan or
issuer that fails to provide the information required under
subsection (b); or a group health plan that fails to provide
the information required under subsection (c), shall be
subject to a civil monetary penalty in the amount of $10,000
for each day during which such violation continues or such
information is not disclosed or reported.
``(3) False information.--A health insurance issuer, an
entity providing pharmacy benefit management services, or a
third party administrator providing services on behalf of
such issuer offered by a health insurance issuer that
knowingly provides false information under this section shall
be subject to a civil monetary penalty in an amount not to
exceed $100,000 for each item of false information. Such
civil monetary penalty shall be in addition to other
penalties as may be prescribed by law.
``(4) Procedure.--The provisions of section 1128A of the
Social Security Act, other than subsections (a) and (b) and
the first sentence of subsection (c)(1) of such section shall
apply to civil monetary penalties under this subsection in
the same manner as such provisions apply to a penalty or
proceeding under such section.
``(5) Waivers.--The Secretary may waive penalties under
paragraph (2), or extend the period of time for compliance
with a requirement of this section, for an entity in
violation of this section that has made a good-faith effort
to comply with the requirements in this section.
``(e) Rule of Construction.--Nothing in this section shall
be construed to permit a health insurance issuer, group
health plan, entity providing pharmacy benefit management
services on behalf of a group health plan or health insurance
issuer, or other entity to restrict disclosure to, or
otherwise limit the access of, the Secretary to a report
described in subsection (b)(1) or information related to
compliance with subsections (a), (b), (c), or (d) by such
issuer, plan, or entity.
``(f) Definitions.--In this section:
``(1) Applicable entity.--The term `applicable entity'
means--
``(A) an applicable group purchasing organization, drug
manufacturer, distributor, wholesaler, rebate aggregator (or
other purchasing entity designed to aggregate rebates), or
associated third party;
``(B) any subsidiary, parent, affiliate, or subcontractor
of a group health plan, health
[[Page H1290]]
insurance issuer, entity that provides pharmacy benefit
management services on behalf of such a plan or issuer, or
any entity described in subparagraph (A); or
``(C) such other entity as the Secretary may specify
through rulemaking.
``(2) Applicable group purchasing organization.--The term
`applicable group purchasing organization' means a group
purchasing organization that is affiliated with or under
common ownership with an entity providing pharmacy benefit
management services.
``(3) Contracted compensation.--The term `contracted
compensation' means the sum of any ingredient cost and
dispensing fee for a drug (inclusive of the out-of-pocket
costs to the participant or beneficiary), or another
analogous compensation structure that the Secretary may
specify through regulations.
``(4) Gross spending.--The term `gross spending', with
respect to prescription drug benefits under a group health
plan or health insurance coverage, means the amount spent by
a group health plan or health insurance issuer on
prescription drug benefits, calculated before the application
of rebates, fees, alternative discounts, or other
remuneration.
``(5) Net spending.--The term `net spending', with respect
to prescription drug benefits under a group health plan or
health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated after the application of rebates, fees,
alternative discounts, or other remuneration.
``(6) Plan sponsor.--The term `plan sponsor' has the
meaning given such term in section 3(16)(B) of the Employee
Retirement Income Security Act of 1974.
``(7) Remuneration.--The term `remuneration' has the
meaning given such term by the Secretary through rulemaking,
which shall be reevaluated by the Secretary every 5 years.
``(8) Specified large employer.--The term `specified large
employer' means, in connection with a group health plan
(including group health insurance coverage offered in
connection with such a plan) established or maintained by a
single employer, with respect to a calendar year or a plan
year, as applicable, an employer who employed an average of
at least 100 employees on business days during the preceding
calendar year or plan year and who employs at least 1
employee on the first day of the calendar year or plan year.
``(9) Specified large plan.--The term `specified large
plan' means a group health plan (including group health
insurance coverage offered in connection with such a plan)
established or maintained by a plan sponsor described in
clause (ii) or (iii) of section 3(16)(B) of the Employee
Retirement Income Security Act of 1974 that had an average of
at least 100 participants on business days during the
preceding calendar year or plan year, as applicable.
``(10) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act.''; and
(2) in section 2723 (42 U.S.C. 300gg-22)--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``(other than section
2799A-11)'' after ``part D''; and
(ii) in paragraph (2), by inserting ``(other than section
2799A-11)'' after ``part D''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``(other than section
2799A-11)'' after ``part D'';
(ii) in paragraph (2)(A), by inserting ``(other than
section 2799A-11)'' after ``part D''; and
(iii) in paragraph (2)(C)(ii), by inserting ``(other than
section 2799A-11)'' after ``part D''.
(b) Employee Retirement Income Security Act of 1974.--
(1) In general.--Subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1021 et
seq.) is amended--
(A) in subpart B of part 7 (29 U.S.C. 1185 et seq.), by
adding at the end the following:
``SEC. 726. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY
BENEFIT MANAGEMENT SERVICES.
``(a) In General.--For plan years beginning on or after the
date that is 30 months after the date of enactment of this
section (referred to in this subsection and subsection (b) as
the `effective date'), a group health plan or a health
insurance issuer offering group health insurance coverage, or
an entity providing pharmacy benefit management services on
behalf of such a plan or issuer, shall not enter into a
contract, including an extension or renewal of a contract,
entered into on or after the effective date, with an
applicable entity unless such applicable entity agrees to--
``(1) not limit or delay the disclosure of information to
the group health plan (including such a plan offered through
a health insurance issuer) in such a manner that prevents an
entity providing pharmacy benefit management services on
behalf of a group health plan or health insurance issuer
offering group health insurance coverage from making the
reports described in subsection (b); and
``(2) provide the entity providing pharmacy benefit
management services on behalf of a group health plan or
health insurance issuer relevant information necessary to
make the reports described in subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after the
effective date, in the case of any contract between a group
health plan or a health insurance issuer offering group
health insurance coverage offered in connection with such a
plan and an entity providing pharmacy benefit management
services on behalf of such plan or issuer, including an
extension or renewal of such a contract, entered into on or
after the effective date, the entity providing pharmacy
benefit management services on behalf of such a group health
plan or health insurance issuer, not less frequently than
every 6 months (or, at the request of a group health plan,
not less frequently than quarterly, and under the same
conditions, terms, and cost of the semiannual report under
this subsection), shall submit to the group health plan a
report in accordance with this section. Each such report
shall be made available to such group health plan in plain
language, in a machine-readable format, and as the Secretary
may determine, other formats. Each such report shall include
the information described in paragraph (2).
``(2) Information described.--For purposes of paragraph
(1), the information described in this paragraph is, with
respect to drugs covered by a group health plan or group
health insurance coverage offered by a health insurance
issuer in connection with a group health plan during each
reporting period--
``(A) in the case of a group health plan that is offered by
a specified large employer or that is a specified large plan,
and is not offered as health insurance coverage, or in the
case of health insurance coverage for which the election
under paragraph (3) is made for the applicable reporting
period--
``(i) a list of drugs for which a claim was filed and, with
respect to each such drug on such list--
``(I) the contracted compensation paid by the group health
plan or health insurance issuer for each covered drug
(identified by the National Drug Code) to the entity
providing pharmacy benefit management services or other
applicable entity on behalf of the group health plan or
health insurance issuer;
``(II) the contracted compensation paid to the pharmacy, by
any entity providing pharmacy benefit management services or
other applicable entity on behalf of the group health plan or
health insurance issuer, for each covered drug (identified by
the National Drug Code);
``(III) for each such claim, the difference between the
amount paid under subclause (I) and the amount paid under
subclause (II);
``(IV) the proprietary name, established name or proper
name, and the National Drug Code;
``(V) for each claim for the drug (including original
prescriptions and refills) and for each dosage unit of the
drug for which a claim was filed, the type of dispensing
channel used to furnish the drug, including retail, mail
order, or specialty pharmacy;
``(VI) with respect to each drug dispensed, for each type
of dispensing channel (including retail, mail order, or
specialty pharmacy)--
``(aa) whether such drug is a brand name drug or a generic
drug, and--
``(AA) in the case of a brand name drug, the wholesale
acquisition cost, listed as cost per days supply and cost per
dosage unit, on the date such drug was dispensed; and
``(BB) in the case of a generic drug, the average wholesale
price, listed as cost per days supply and cost per dosage
unit, on the date such drug was dispensed; and
``(bb) the total number of--
``(AA) prescription claims (including original
prescriptions and refills);
``(BB) participants and beneficiaries for whom a claim for
such drug was filed through the applicable dispensing
channel;
``(CC) dosage units and dosage units per fill of such drug;
and
``(DD) days supply of such drug per fill;
``(VII) the net price per course of treatment or single
fill, such as a 30-day supply or 90-day supply to the plan or
coverage after rebates, fees, alternative discounts, or other
remuneration received from applicable entities;
``(VIII) the total amount of out-of-pocket spending by
participants and beneficiaries on such drug, including
spending through copayments, coinsurance, and deductibles,
but not including any amounts spent by participants and
beneficiaries on drugs not covered under the plan or
coverage, or for which no claim is submitted under the plan
or coverage;
``(IX) the total net spending on the drug;
``(X) the total amount received, or expected to be
received, by the plan or issuer from any applicable entity in
rebates, fees, alternative discounts, or other remuneration;
``(XI) the total amount received, or expected to be
received, by the entity providing pharmacy benefit management
services, from applicable entities, in rebates, fees,
alternative discounts, or other remuneration from such
entities--
``(aa) for claims incurred during the reporting period; and
``(bb) that is related to utilization of such drug or
spending on such drug; and
``(XII) to the extent feasible, information on the total
amount of remuneration for such drug, including copayment
assistance dollars paid, copayment cards applied, or other
discounts provided by each drug manufacturer (or entity
administering copayment
[[Page H1291]]
assistance on behalf of such drug manufacturer), to the
participants and beneficiaries enrolled in such plan or
coverage;
``(ii) a list of each therapeutic class (as defined by the
Secretary) for which a claim was filed under the group health
plan or health insurance coverage during the reporting
period, and, with respect to each such therapeutic class--
``(I) the total gross spending on drugs in such class
before rebates, price concessions, alternative discounts, or
other remuneration from applicable entities;
``(II) the net spending in such class after such rebates,
price concessions, alternative discounts, or other
remuneration from applicable entities;
``(III) the total amount received, or expected to be
received, by the entity providing pharmacy benefit management
services, from applicable entities, in rebates, fees,
alternative discounts, or other remuneration from such
entities--
``(aa) for claims incurred during the reporting period; and
``(bb) that is related to utilization of drugs or drug
spending;
``(IV) the average net spending per 30-day supply and per
90-day supply by the plan or by the issuer with respect to
such coverage and its participants and beneficiaries, among
all drugs within the therapeutic class for which a claim was
filed during the reporting period;
``(V) the number of participants and beneficiaries who
filled a prescription for a drug in such class, including the
National Drug Code for each such drug;
``(VI) if applicable, a description of the formulary tiers
and utilization mechanisms (such as prior authorization or
step therapy) employed for drugs in that class; and
``(VII) the total out-of-pocket spending under the plan or
coverage by participants and beneficiaries, including
spending through copayments, coinsurance, and deductibles,
but not including any amounts spent by participants and
beneficiaries on drugs not covered under the plan or coverage
or for which no claim is submitted under the plan or
coverage;
``(iii) with respect to any drug for which gross spending
under the group health plan or health insurance coverage
exceeded $10,000 during the reporting period or, in the case
that gross spending under the group health plan or coverage
exceeded $10,000 during the reporting period with respect to
fewer than 50 drugs, with respect to the 50 prescription
drugs with the highest spending during the reporting period--
``(I) a list of all other drugs in the same therapeutic
class as such drug;
``(II) if applicable, the rationale for the formulary
placement of such drug in that therapeutic category or class,
selected from a list of standard rationales established by
the Secretary, in consultation with stakeholders; and
``(III) any change in formulary placement compared to the
prior plan year; and
``(iv) in the case that such plan or issuer (or an entity
providing pharmacy benefit management services on behalf of
such plan or issuer) has an affiliated pharmacy or pharmacy
under common ownership, including mandatory mail and
specialty home delivery programs, retail and mail auto-refill
programs, and cost sharing assistance incentives funded by an
entity providing pharmacy benefit services--
``(I) an explanation of any benefit design parameters that
encourage or require participants and beneficiaries in the
plan or coverage to fill prescriptions at mail order,
specialty, or retail pharmacies;
``(II) the percentage of total prescriptions dispensed by
such pharmacies to participants or beneficiaries in such plan
or coverage; and
``(III) a list of all drugs dispensed by such pharmacies to
participants or beneficiaries enrolled in such plan or
coverage, and, with respect to each drug dispensed--
``(aa) the amount charged, per dosage unit, per 30-day
supply, or per 90-day supply (as applicable) to the plan or
issuer, and to participants and beneficiaries;
``(bb) the median amount charged to such plan or issuer,
and the interquartile range of the costs, per dosage unit,
per 30-day supply, and per 90-day supply, including amounts
paid by the participants and beneficiaries, when the same
drug is dispensed by other pharmacies that are not affiliated
with or under common ownership with the entity and that are
included in the pharmacy network of such plan or coverage;
``(cc) the lowest cost per dosage unit, per 30-day supply
and per 90-day supply, for each such drug, including amounts
charged to the plan or coverage and to participants and
beneficiaries, that is available from any pharmacy included
in the network of such plan or coverage; and
``(dd) the net acquisition cost per dosage unit, per 30-day
supply, and per 90-day supply, if such drug is subject to a
maximum price discount; and
``(B) with respect to any group health plan, including
group health insurance coverage offered in connection with
such a plan, regardless of whether the plan or coverage is
offered by a specified large employer or whether it is a
specified large plan--
``(i) a summary document for the group health plan that
includes such information described in clauses (i) through
(iv) of subparagraph (A), as specified by the Secretary
through guidance, program instruction, or otherwise (with no
requirement of notice and comment rulemaking), that the
Secretary determines useful to group health plans for
purposes of selecting pharmacy benefit management services,
such as an estimated net price to group health plan and
participant or beneficiary, a cost per claim, the fee
structure or reimbursement model, and estimated cost per
participant or beneficiary;
``(ii) a summary document for plans and issuers to provide
to participants and beneficiaries, which shall be made
available to participants or beneficiaries upon request to
their group health plan (including in the case of group
health insurance coverage offered in connection with such a
plan), that--
``(I) contains such information described in clauses (iii),
(iv), (v), and (vi), as applicable, as specified by the
Secretary through guidance, program instruction, or otherwise
(with no requirement of notice and comment rulemaking) that
the Secretary determines useful to participants or
beneficiaries in better understanding the plan or coverage or
benefits under such plan or coverage;
``(II) contains only aggregate information; and
``(III) states that participants and beneficiaries may
request specific, claims-level information required to be
furnished under subsection (c) from the group health plan or
health insurance issuer; and
``(iii) with respect to drugs covered by such plan or
coverage during such reporting period--
``(I) the total net spending by the plan or coverage for
all such drugs;
``(II) the total amount received, or expected to be
received, by the plan or issuer from any applicable entity in
rebates, fees, alternative discounts, or other remuneration;
and
``(III) to the extent feasible, information on the total
amount of remuneration for such drugs, including copayment
assistance dollars paid, copayment cards applied, or other
discounts provided by each drug manufacturer (or entity
administering copayment assistance on behalf of such drug
manufacturer) to participants and beneficiaries;
``(iv) amounts paid directly or indirectly in rebates,
fees, or any other type of compensation (as defined in
section 408(b)(2)(B)(ii)(dd)(AA)) to brokerage firms,
brokers, consultants, advisors, or any other individual or
firm, for--
``(I) the referral of the group health plan's or health
insurance issuer's business to an entity providing pharmacy
benefit management services, including the identity of the
recipient of such amounts;
``(II) consideration of the entity providing pharmacy
benefit management services by the group health plan or
health insurance issuer; or
``(III) the retention of the entity by the group health
plan or health insurance issuer;
``(v) an explanation of any benefit design parameters that
encourage or require participants and beneficiaries in such
plan or coverage to fill prescriptions at mail order,
specialty, or retail pharmacies that are affiliated with or
under common ownership with the entity providing pharmacy
benefit management services under such plan or coverage,
including mandatory mail and specialty home delivery
programs, retail and mail auto-refill programs, and cost-
sharing assistance incentives directly or indirectly funded
by such entity; and
``(vi) total gross spending on all drugs under the plan or
coverage during the reporting period.
``(3) Opt-in for group health insurance coverage offered by
a specified large employer or that is a specified large
plan.--In the case of group health insurance coverage offered
in connection with a group health plan that is offered by a
specified large employer or is a specified large plan, such
group health plan may, on an annual basis, for plan years
beginning on or after the date that is 30 months after the
date of enactment of this section, elect to require an entity
providing pharmacy benefit management services on behalf of
the health insurance issuer to submit to such group health
plan a report that includes all of the information described
in paragraph (2)(A), in addition to the information described
in paragraph (2)(B).
``(4) Privacy requirements.--
``(A) In general.--An entity providing pharmacy benefit
management services on behalf of a group health plan or a
health insurance issuer offering group health insurance
coverage shall report information under paragraph (1) in a
manner consistent with the privacy regulations promulgated
under section 13402(a) of the Health Information Technology
for Economic and Clinical Health Act (42 U.S.C. 17932(a)) and
consistent with the privacy regulations promulgated under the
Health Insurance Portability and Accountability Act of 1996
in part 160 and subparts A and E of part 164 of title 45,
Code of Federal Regulations (or successor regulations)
(referred to in this paragraph as the `HIPAA privacy
regulations') and shall restrict the use and disclosure of
such information according to such privacy regulations and
such HIPAA privacy regulations.
``(B) Additional requirements.--
``(i) In general.--An entity providing pharmacy benefit
management services on behalf of a group health plan or
health insurance issuer offering group health insurance
coverage that submits a report under paragraph (1) shall
ensure that such report contains only summary health
information, as defined in section 164.504(a) of title 45,
Code of Federal Regulations (or successor regulations).
[[Page H1292]]
``(ii) Restrictions.--In carrying out this subsection, a
group health plan shall comply with section 164.504(f) of
title 45, Code of Federal Regulations (or a successor
regulation), and a plan sponsor shall act in accordance with
the terms of the agreement described in such section.
``(C) Rule of construction.--
``(i) Nothing in this section shall be construed to modify
the requirements for the creation, receipt, maintenance, or
transmission of protected health information under the HIPAA
privacy regulations.
``(ii) Nothing in this section shall be construed to affect
the application of any Federal or State privacy or civil
rights law, including the HIPAA privacy regulations, the
Genetic Information Nondiscrimination Act of 2008 (Public Law
110-233) (including the amendments made by such Act), the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), section 1557 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18116), title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d), and title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e).
``(D) Written notice.--Each plan year, group health plans,
including with respect to group health insurance coverage
offered in connection with a group health plan, shall provide
to each participant or beneficiary written notice informing
the participant or beneficiary of the requirement for
entities providing pharmacy benefit management services on
behalf of the group health plan or health insurance issuer
offering group health insurance coverage to submit reports to
group health plans under paragraph (1), as applicable, which
may include incorporating such notification in plan documents
provided to the participant or beneficiary, or providing
individual notification.
``(E) Limitation to business associates.--A group health
plan receiving a report under paragraph (1) may disclose such
information only to the entity from which the report was
received or to that entity's business associates as defined
in section 160.103 of title 45, Code of Federal Regulations
(or successor regulations) or as permitted by the HIPAA
privacy regulations.
``(F) Clarification regarding public disclosure of
information.--Nothing in this section shall prevent an entity
providing pharmacy benefit management services on behalf of a
group health plan or health insurance issuer offering group
health insurance coverage, from placing reasonable
restrictions on the public disclosure of the information
contained in a report described in paragraph (1), except that
such plan, issuer, or entity may not--
``(i) restrict disclosure of such report to the Department
of Health and Human Services, the Department of Labor, or the
Department of the Treasury; or
``(ii) prevent disclosure for the purposes of subsection
(c), or any other public disclosure requirement under this
section.
``(G) Limited form of report.--The Secretary shall define
through rulemaking a limited form of the report under
paragraph (1) required with respect to any group health plan
established by a plan sponsor that is, or is affiliated with,
a drug manufacturer, drug wholesaler, or other direct
participant in the drug supply chain, in order to prevent
anti-competitive behavior.
``(5) Standard format and regulations.--
``(A) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall specify
through rulemaking a standard format for entities providing
pharmacy benefit management services on behalf of group
health plans and health insurance issuers offering group
health insurance coverage, to submit reports required under
paragraph (1).
``(B) Additional regulations.--Not later than 18 months
after the date of enactment of this section, the Secretary
shall, through rulemaking, promulgate any other final
regulations necessary to implement the requirements of this
section. In promulgating such regulations, the Secretary
shall, to the extent practicable, align the reporting
requirements under this section with the reporting
requirements under section 725.
``(c) Requirement To Provide Information to Participants or
Beneficiaries.--A group health plan, including with respect
to group health insurance coverage offered in connection with
a group health plan, upon request of a participant or
beneficiary, shall provide to such participant or
beneficiary--
``(1) the summary document described in subsection
(b)(2)(B)(ii); and
``(2) the information described in subsection
(b)(2)(A)(i)(III) with respect to a claim made by or on
behalf of such participant or beneficiary.
``(d) Rule of Construction.--Nothing in this section shall
be construed to permit a health insurance issuer, group
health plan, entity providing pharmacy benefit management
services on behalf of a group health plan or health insurance
issuer, or other entity to restrict disclosure to, or
otherwise limit the access of, the Secretary to a report
described in subsection (b)(1) or information related to
compliance with subsections (a), (b), or (c) of this section
or section 502(c)(13) by such issuer, plan, or entity.
``(e) Definitions.--In this section:
``(1) Applicable entity.--The term `applicable entity'
means--
``(A) an applicable group purchasing organization, drug
manufacturer, distributor, wholesaler, rebate aggregator (or
other purchasing entity designed to aggregate rebates), or
associated third party;
``(B) any subsidiary, parent, affiliate, or subcontractor
of a group health plan, health insurance issuer, entity that
provides pharmacy benefit management services on behalf of
such a plan or issuer, or any entity described in
subparagraph (A); or
``(C) such other entity as the Secretary may specify
through rulemaking.
``(2) Applicable group purchasing organization.--The term
`applicable group purchasing organization' means a group
purchasing organization that is affiliated with or under
common ownership with an entity providing pharmacy benefit
management services.
``(3) Contracted compensation.--The term `contracted
compensation' means the sum of any ingredient cost and
dispensing fee for a drug (inclusive of the out-of-pocket
costs to the participant or beneficiary), or another
analogous compensation structure that the Secretary may
specify through regulations.
``(4) Gross spending.--The term `gross spending', with
respect to prescription drug benefits under a group health
plan or health insurance coverage, means the amount spent by
a group health plan or health insurance issuer on
prescription drug benefits, calculated before the application
of rebates, fees, alternative discounts, or other
remuneration.
``(5) Net spending.--The term `net spending', with respect
to prescription drug benefits under a group health plan or
health insurance coverage, means the amount spent by a group
health plan or health insurance issuer on prescription drug
benefits, calculated after the application of rebates, fees,
alternative discounts, or other remuneration.
``(6) Plan sponsor.--The term `plan sponsor' has the
meaning given such term in section 3(16)(B).
``(7) Remuneration.--The term `remuneration' has the
meaning given such term by the Secretary through rulemaking,
which shall be reevaluated by the Secretary every 5 years.
``(8) Specified large employer.--The term `specified large
employer' means, in connection with a group health plan
(including group health insurance coverage offered in
connection with such a plan) established or maintained by a
single employer, with respect to a calendar year or a plan
year, as applicable, an employer who employed an average of
at least 100 employees on business days during the preceding
calendar year or plan year and who employs at least 1
employee on the first day of the calendar year or plan year.
``(9) Specified large plan.--The term `specified large
plan' means a group health plan (including group health
insurance coverage offered in connection with such a plan)
established or maintained by a plan sponsor described in
clause (ii) or (iii) of section 3(16)(B) that had an average
of at least 100 participants on business days during the
preceding calendar year or plan year, as applicable.
``(10) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
3a(c)(6)(B)).'';
(B) in section 502 (29 U.S.C. 1132)--
(i) in subsection (a)(6), by striking ``or (9)'' and
inserting ``(9), or (13)'';
(ii) in subsection (b)(3), by striking ``under subsection
(c)(9)'' and inserting ``under paragraphs (9) and (13) of
subsection (c)''; and
(iii) in subsection (c), by adding at the end the
following:
``(13) Secretarial enforcement authority relating to
oversight of pharmacy benefit management services.--
``(A) Failure to provide information.--The Secretary may
impose a penalty against a plan administrator of a group
health plan, a health insurance issuer offering group health
insurance coverage, or an entity providing pharmacy benefit
management services on behalf of such a plan or issuer, or an
applicable entity (as defined in section 726(e)) that
violates section 726(a); an entity providing pharmacy benefit
management services on behalf of such a plan or issuer that
fails to provide the information required under section
726(b); or any person who causes a group health plan to fail
to provide the information required under section 726(c), in
the amount of $10,000 for each day during which such
violation continues or such information is not disclosed or
reported.
``(B) False information.--The Secretary may impose a
penalty against a plan administrator of a group health plan,
a health insurance issuer offering group health insurance
coverage, an entity providing pharmacy benefit management
services, or an applicable entity (as defined in section
726(e)) that knowingly provides false information under
section 726, in an amount not to exceed $100,000 for each
item of false information. Such penalty shall be in addition
to other penalties as may be prescribed by law.
``(C) Waivers.--The Secretary may waive penalties under
subparagraph (A), or extend the period of time for compliance
with a requirement of this section, for an entity in
violation of section 726 that has made a good-faith effort to
comply with the requirements of section 726.''; and
(C) in section 732(a) (29 U.S.C. 1191a(a)), by striking
``section 711'' and inserting ``sections 711 and 726''.
(2) Clerical amendment.--The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C.
[[Page H1293]]
1001 et seq.) is amended by inserting after the item relating
to section 725 the following new item:
``Sec. 726. Oversight of entities that provide pharmacy benefit
management services.''.
(c) Internal Revenue Code of 1986.--
(1) In general.--Chapter 100 of the Internal Revenue Code
of 1986 is amended--
(A) by adding at the end of subchapter B the following:
``SEC. 9826. OVERSIGHT OF ENTITIES THAT PROVIDE PHARMACY
BENEFIT MANAGEMENT SERVICES.
``(a) In General.--For plan years beginning on or after the
date that is 30 months after the date of enactment of this
section (referred to in this subsection and subsection (b) as
the `effective date'), a group health plan, or an entity
providing pharmacy benefit management services on behalf of
such a plan, shall not enter into a contract, including an
extension or renewal of a contract, entered into on or after
the effective date, with an applicable entity unless such
applicable entity agrees to--
``(1) not limit or delay the disclosure of information to
the group health plan in such a manner that prevents an
entity providing pharmacy benefit management services on
behalf of a group health plan from making the reports
described in subsection (b); and
``(2) provide the entity providing pharmacy benefit
management services on behalf of a group health plan relevant
information necessary to make the reports described in
subsection (b).
``(b) Reports.--
``(1) In general.--For plan years beginning on or after the
effective date, in the case of any contract between a group
health plan and an entity providing pharmacy benefit
management services on behalf of such plan, including an
extension or renewal of such a contract, entered into on or
after the effective date, the entity providing pharmacy
benefit management services on behalf of such a group health
plan, not less frequently than every 6 months (or, at the
request of a group health plan, not less frequently than
quarterly, and under the same conditions, terms, and cost of
the semiannual report under this subsection), shall submit to
the group health plan a report in accordance with this
section. Each such report shall be made available to such
group health plan in plain language, in a machine-readable
format, and as the Secretary may determine, other formats.
Each such report shall include the information described in
paragraph (2).
``(2) Information described.--For purposes of paragraph
(1), the information described in this paragraph is, with
respect to drugs covered by a group health plan during each
reporting period--
``(A) in the case of a group health plan that is offered by
a specified large employer or that is a specified large plan,
and is not offered as health insurance coverage, or in the
case of health insurance coverage for which the election
under paragraph (3) is made for the applicable reporting
period--
``(i) a list of drugs for which a claim was filed and, with
respect to each such drug on such list--
``(I) the contracted compensation paid by the group health
plan for each covered drug (identified by the National Drug
Code) to the entity providing pharmacy benefit management
services or other applicable entity on behalf of the group
health plan;
``(II) the contracted compensation paid to the pharmacy, by
any entity providing pharmacy benefit management services or
other applicable entity on behalf of the group health plan,
for each covered drug (identified by the National Drug Code);
``(III) for each such claim, the difference between the
amount paid under subclause (I) and the amount paid under
subclause (II);
``(IV) the proprietary name, established name or proper
name, and the National Drug Code;
``(V) for each claim for the drug (including original
prescriptions and refills) and for each dosage unit of the
drug for which a claim was filed, the type of dispensing
channel used to furnish the drug, including retail, mail
order, or specialty pharmacy;
``(VI) with respect to each drug dispensed, for each type
of dispensing channel (including retail, mail order, or
specialty pharmacy)--
``(aa) whether such drug is a brand name drug or a generic
drug, and--
``(AA) in the case of a brand name drug, the wholesale
acquisition cost, listed as cost per days supply and cost per
dosage unit, on the date such drug was dispensed; and
``(BB) in the case of a generic drug, the average wholesale
price, listed as cost per days supply and cost per dosage
unit, on the date such drug was dispensed; and
``(bb) the total number of--
``(AA) prescription claims (including original
prescriptions and refills);
``(BB) participants and beneficiaries for whom a claim for
such drug was filed through the applicable dispensing
channel;
``(CC) dosage units and dosage units per fill of such drug;
and
``(DD) days supply of such drug per fill;
``(VII) the net price per course of treatment or single
fill, such as a 30-day supply or 90-day supply to the plan
after rebates, fees, alternative discounts, or other
remuneration received from applicable entities;
``(VIII) the total amount of out-of-pocket spending by
participants and beneficiaries on such drug, including
spending through copayments, coinsurance, and deductibles,
but not including any amounts spent by participants and
beneficiaries on drugs not covered under the plan, or for
which no claim is submitted under the plan;
``(IX) the total net spending on the drug;
``(X) the total amount received, or expected to be
received, by the plan from any applicable entity in rebates,
fees, alternative discounts, or other remuneration;
``(XI) the total amount received, or expected to be
received, by the entity providing pharmacy benefit management
services, from applicable entities, in rebates, fees,
alternative discounts, or other remuneration from such
entities--
``(aa) for claims incurred during the reporting period; and
``(bb) that is related to utilization of such drug or
spending on such drug; and
``(XII) to the extent feasible, information on the total
amount of remuneration for such drug, including copayment
assistance dollars paid, copayment cards applied, or other
discounts provided by each drug manufacturer (or entity
administering copayment assistance on behalf of such drug
manufacturer), to the participants and beneficiaries enrolled
in such plan;
``(ii) a list of each therapeutic class (as defined by the
Secretary) for which a claim was filed under the group health
plan during the reporting period, and, with respect to each
such therapeutic class--
``(I) the total gross spending on drugs in such class
before rebates, price concessions, alternative discounts, or
other remuneration from applicable entities;
``(II) the net spending in such class after such rebates,
price concessions, alternative discounts, or other
remuneration from applicable entities;
``(III) the total amount received, or expected to be
received, by the entity providing pharmacy benefit management
services, from applicable entities, in rebates, fees,
alternative discounts, or other remuneration from such
entities--
``(aa) for claims incurred during the reporting period; and
``(bb) that is related to utilization of drugs or drug
spending;
``(IV) the average net spending per 30-day supply and per
90-day supply by the plan and its participants and
beneficiaries, among all drugs within the therapeutic class
for which a claim was filed during the reporting period;
``(V) the number of participants and beneficiaries who
filled a prescription for a drug in such class, including the
National Drug Code for each such drug;
``(VI) if applicable, a description of the formulary tiers
and utilization mechanisms (such as prior authorization or
step therapy) employed for drugs in that class; and
``(VII) the total out-of-pocket spending under the plan by
participants and beneficiaries, including spending through
copayments, coinsurance, and deductibles, but not including
any amounts spent by participants and beneficiaries on drugs
not covered under the plan or for which no claim is submitted
under the plan;
``(iii) with respect to any drug for which gross spending
under the group health plan exceeded $10,000 during the
reporting period or, in the case that gross spending under
the group health plan exceeded $10,000 during the reporting
period with respect to fewer than 50 drugs, with respect to
the 50 prescription drugs with the highest spending during
the reporting period--
``(I) a list of all other drugs in the same therapeutic
class as such drug;
``(II) if applicable, the rationale for the formulary
placement of such drug in that therapeutic category or class,
selected from a list of standard rationales established by
the Secretary, in consultation with stakeholders; and
``(III) any change in formulary placement compared to the
prior plan year; and
``(iv) in the case that such plan (or an entity providing
pharmacy benefit management services on behalf of such plan)
has an affiliated pharmacy or pharmacy under common
ownership, including mandatory mail and specialty home
delivery programs, retail and mail auto-refill programs, and
cost sharing assistance incentives funded by an entity
providing pharmacy benefit services--
``(I) an explanation of any benefit design parameters that
encourage or require participants and beneficiaries in the
plan to fill prescriptions at mail order, specialty, or
retail pharmacies;
``(II) the percentage of total prescriptions dispensed by
such pharmacies to participants or beneficiaries in such
plan; and
``(III) a list of all drugs dispensed by such pharmacies to
participants or beneficiaries enrolled in such plan, and,
with respect to each drug dispensed--
``(aa) the amount charged, per dosage unit, per 30-day
supply, or per 90-day supply (as applicable) to the plan, and
to participants and beneficiaries;
``(bb) the median amount charged to such plan, and the
interquartile range of the costs, per dosage unit, per 30-day
supply, and per 90-day supply, including amounts paid by the
participants and beneficiaries, when the same drug is
dispensed by other pharmacies that are not affiliated with or
under common ownership with the entity and that are included
in the pharmacy network of such plan;
``(cc) the lowest cost per dosage unit, per 30-day supply
and per 90-day supply, for each such drug, including amounts
charged to the plan and to participants and beneficiaries,
that is available from any pharmacy included in the network
of such plan; and
[[Page H1294]]
``(dd) the net acquisition cost per dosage unit, per 30-day
supply, and per 90-day supply, if such drug is subject to a
maximum price discount; and
``(B) with respect to any group health plan, regardless of
whether the plan is offered by a specified large employer or
whether it is a specified large plan--
``(i) a summary document for the group health plan that
includes such information described in clauses (i) through
(iv) of subparagraph (A), as specified by the Secretary
through guidance, program instruction, or otherwise (with no
requirement of notice and comment rulemaking), that the
Secretary determines useful to group health plans for
purposes of selecting pharmacy benefit management services,
such as an estimated net price to group health plan and
participant or beneficiary, a cost per claim, the fee
structure or reimbursement model, and estimated cost per
participant or beneficiary;
``(ii) a summary document for plans to provide to
participants and beneficiaries, which shall be made available
to participants or beneficiaries upon request to their group
health plan, that--
``(I) contains such information described in clauses (iii),
(iv), (v), and (vi), as applicable, as specified by the
Secretary through guidance, program instruction, or otherwise
(with no requirement of notice and comment rulemaking) that
the Secretary determines useful to participants or
beneficiaries in better understanding the plan or benefits
under such plan;
``(II) contains only aggregate information; and
``(III) states that participants and beneficiaries may
request specific, claims-level information required to be
furnished under subsection (c) from the group health plan;
and
``(iii) with respect to drugs covered by such plan during
such reporting period--
``(I) the total net spending by the plan for all such
drugs;
``(II) the total amount received, or expected to be
received, by the plan from any applicable entity in rebates,
fees, alternative discounts, or other remuneration; and
``(III) to the extent feasible, information on the total
amount of remuneration for such drugs, including copayment
assistance dollars paid, copayment cards applied, or other
discounts provided by each drug manufacturer (or entity
administering copayment assistance on behalf of such drug
manufacturer) to participants and beneficiaries;
``(iv) amounts paid directly or indirectly in rebates,
fees, or any other type of compensation (as defined in
section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement
Income Security Act (29 U.S.C. 1108(b)(2)(B)(ii)(dd)(AA))) to
brokerage firms, brokers, consultants, advisors, or any other
individual or firm, for--
``(I) the referral of the group health plan's business to
an entity providing pharmacy benefit management services,
including the identity of the recipient of such amounts;
``(II) consideration of the entity providing pharmacy
benefit management services by the group health plan; or
``(III) the retention of the entity by the group health
plan;
``(v) an explanation of any benefit design parameters that
encourage or require participants and beneficiaries in such
plan to fill prescriptions at mail order, specialty, or
retail pharmacies that are affiliated with or under common
ownership with the entity providing pharmacy benefit
management services under such plan, including mandatory mail
and specialty home delivery programs, retail and mail auto-
refill programs, and cost-sharing assistance incentives
directly or indirectly funded by such entity; and
``(vi) total gross spending on all drugs under the plan
during the reporting period.
``(3) Opt-in for group health insurance coverage offered by
a specified large employer or that is a specified large
plan.--In the case of group health insurance coverage offered
in connection with a group health plan that is offered by a
specified large employer or is a specified large plan, such
group health plan may, on an annual basis, for plan years
beginning on or after the date that is 30 months after the
date of enactment of this section, elect to require an entity
providing pharmacy benefit management services on behalf of
the health insurance issuer to submit to such group health
plan a report that includes all of the information described
in paragraph (2)(A), in addition to the information described
in paragraph (2)(B).
``(4) Privacy requirements.--
``(A) In general.--An entity providing pharmacy benefit
management services on behalf of a group health plan shall
report information under paragraph (1) in a manner consistent
with the privacy regulations promulgated under section
13402(a) of the Health Information Technology for Economic
and Clinical Health Act (42 U.S.C. 17932(a)) and consistent
with the privacy regulations promulgated under the Health
Insurance Portability and Accountability Act of 1996 in part
160 and subparts A and E of part 164 of title 45, Code of
Federal Regulations (or successor regulations) (referred to
in this paragraph as the `HIPAA privacy regulations') and
shall restrict the use and disclosure of such information
according to such privacy regulations and such HIPAA privacy
regulations.
``(B) Additional requirements.--
``(i) In general.--An entity providing pharmacy benefit
management services on behalf of a group health plan that
submits a report under paragraph (1) shall ensure that such
report contains only summary health information, as defined
in section 164.504(a) of title 45, Code of Federal
Regulations (or successor regulations).
``(ii) Restrictions.--In carrying out this subsection, a
group health plan shall comply with section 164.504(f) of
title 45, Code of Federal Regulations (or a successor
regulation), and a plan sponsor shall act in accordance with
the terms of the agreement described in such section.
``(C) Rule of construction.--
``(i) Nothing in this section shall be construed to modify
the requirements for the creation, receipt, maintenance, or
transmission of protected health information under the HIPAA
privacy regulations.
``(ii) Nothing in this section shall be construed to affect
the application of any Federal or State privacy or civil
rights law, including the HIPAA privacy regulations, the
Genetic Information Nondiscrimination Act of 2008 (Public Law
110-233) (including the amendments made by such Act), the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), section 1557 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18116), title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d), and title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e).
``(D) Written notice.--Each plan year, group health plans
shall provide to each participant or beneficiary written
notice informing the participant or beneficiary of the
requirement for entities providing pharmacy benefit
management services on behalf of the group health plan to
submit reports to group health plans under paragraph (1), as
applicable, which may include incorporating such notification
in plan documents provided to the participant or beneficiary,
or providing individual notification.
``(E) Limitation to business associates.--A group health
plan receiving a report under paragraph (1) may disclose such
information only to the entity from which the report was
received or to that entity's business associates as defined
in section 160.103 of title 45, Code of Federal Regulations
(or successor regulations) or as permitted by the HIPAA
privacy regulations.
``(F) Clarification regarding public disclosure of
information.--Nothing in this section shall prevent an entity
providing pharmacy benefit management services on behalf of a
group health plan, from placing reasonable restrictions on
the public disclosure of the information contained in a
report described in paragraph (1), except that such plan or
entity may not--
``(i) restrict disclosure of such report to the Department
of Health and Human Services, the Department of Labor, or the
Department of the Treasury; or
``(ii) prevent disclosure for the purposes of subsection
(c), or any other public disclosure requirement under this
section.
``(G) Limited form of report.--The Secretary shall define
through rulemaking a limited form of the report under
paragraph (1) required with respect to any group health plan
established by a plan sponsor that is, or is affiliated with,
a drug manufacturer, drug wholesaler, or other direct
participant in the drug supply chain, in order to prevent
anti-competitive behavior.
``(5) Standard format and regulations.--
``(A) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall specify
through rulemaking a standard format for entities providing
pharmacy benefit management services on behalf of group
health plans, to submit reports required under paragraph (1).
``(B) Additional regulations.--Not later than 18 months
after the date of enactment of this section, the Secretary
shall, through rulemaking, promulgate any other final
regulations necessary to implement the requirements of this
section. In promulgating such regulations, the Secretary
shall, to the extent practicable, align the reporting
requirements under this section with the reporting
requirements under section 9825.
``(c) Requirement To Provide Information to Participants or
Beneficiaries.--A group health plan, upon request of a
participant or beneficiary, shall provide to such participant
or beneficiary--
``(1) the summary document described in subsection
(b)(2)(B)(ii); and
``(2) the information described in subsection
(b)(2)(A)(i)(III) with respect to a claim made by or on
behalf of such participant or beneficiary.
``(d) Rule of Construction.--Nothing in this section shall
be construed to permit a health insurance issuer, group
health plan, entity providing pharmacy benefit management
services on behalf of a group health plan or health insurance
issuer, or other entity to restrict disclosure to, or
otherwise limit the access of, the Secretary to a report
described in subsection (b)(1) or information related to
compliance with subsections (a), (b), or (c) of this section
or section 4980D(g) by such issuer, plan, or entity.
``(e) Definitions.--In this section:
``(1) Applicable entity.--The term `applicable entity'
means--
``(A) an applicable group purchasing organization, drug
manufacturer, distributor, wholesaler, rebate aggregator (or
other purchasing entity designed to aggregate rebates), or
associated third party;
``(B) any subsidiary, parent, affiliate, or subcontractor
of a group health plan, health
[[Page H1295]]
insurance issuer, entity that provides pharmacy benefit
management services on behalf of such a plan or issuer, or
any entity described in subparagraph (A); or
``(C) such other entity as the Secretary may specify
through rulemaking.
``(2) Applicable group purchasing organization.--The term
`applicable group purchasing organization' means a group
purchasing organization that is affiliated with or under
common ownership with an entity providing pharmacy benefit
management services.
``(3) Contracted compensation.--The term `contracted
compensation' means the sum of any ingredient cost and
dispensing fee for a drug (inclusive of the out-of-pocket
costs to the participant or beneficiary), or another
analogous compensation structure that the Secretary may
specify through regulations.
``(4) Gross spending.--The term `gross spending', with
respect to prescription drug benefits under a group health
plan, means the amount spent by a group health plan on
prescription drug benefits, calculated before the application
of rebates, fees, alternative discounts, or other
remuneration.
``(5) Net spending.--The term `net spending', with respect
to prescription drug benefits under a group health plan,
means the amount spent by a group health plan on prescription
drug benefits, calculated after the application of rebates,
fees, alternative discounts, or other remuneration.
``(6) Plan sponsor.--The term `plan sponsor' has the
meaning given such term in section 3(16)(B) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1002(16)(B)).
``(7) Remuneration.--The term `remuneration' has the
meaning given such term by the Secretary, through rulemaking,
which shall be reevaluated by the Secretary every 5 years.
``(8) Specified large employer.--The term `specified large
employer' means, in connection with a group health plan
established or maintained by a single employer, with respect
to a calendar year or a plan year, as applicable, an employer
who employed an average of at least 100 employees on business
days during the preceding calendar year or plan year and who
employs at least 1 employee on the first day of the calendar
year or plan year.
``(9) Specified large plan.--The term `specified large
plan' means a group health plan established or maintained by
a plan sponsor described in clause (ii) or (iii) of section
3(16)(B) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(16)(B)) that had an average of at least
100 participants on business days during the preceding
calendar year or plan year, as applicable.
``(10) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given such term in section
1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w-
3a(c)(6)(B)).'';
(2) Exception for certain group health plans.--Section
9831(a)(2) of the Internal Revenue Code of 1986 is amended by
inserting ``other than with respect to section 9826,'' before
``any group health plan''.
(3) Enforcement.--Section 4980D of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subsection:
``(g) Application to Requirements Imposed on Certain
Entities Providing Pharmacy Benefit Management Services.--In
the case of any requirement under section 9826 that applies
with respect to an entity providing pharmacy benefit
management services on behalf of a group health plan, any
reference in this section to such group health plan (and the
reference in subsection (e)(1) to the employer) shall be
treated as including a reference to such entity.''.
(4) Clerical amendment.--The table of sections for
subchapter B of chapter 100 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 9826. Oversight of entities that provide pharmacy benefit
management services.''.
SEC. 6702. FULL REBATE PASS THROUGH TO PLAN; EXCEPTION FOR
INNOCENT PLAN FIDUCIARIES.
(a) In General.--Section 408(b)(2) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2))
is amended--
(1) in subparagraph (B)(viii)--
(A) by redesignating subclauses (II) through (IV) as
subclauses (III) through (V), respectively;
(B) in subclause (I)--
(i) by striking ``subclause (II)'' and inserting
``subclause (III)''; and
(ii) by striking ``subclauses (II) and (III)'' and
inserting ``subclauses (III) and (IV)''; and
(C) by inserting after subclause (I) the following:
``(II) Pursuant to subsection (a), subparagraphs (C) and
(D) of section 406(a)(1) shall not apply to a responsible
plan fiduciary, notwithstanding any failure to remit required
amounts under subparagraph (C)(i), if the following
conditions are met:
``(aa) The responsible plan fiduciary did not know that the
covered service provider failed or would fail to make
required remittances and reasonably believed that the covered
service provider remitted such required amounts.
``(bb) The responsible plan fiduciary, upon discovering
that the covered service provider failed to remit the
required amounts, requests in writing that the covered
service provider remit such amounts.
``(cc) If the covered service provider fails to comply with
a written request described in subclause (III) within 90 days
of the request, the responsible plan fiduciary notifies the
Secretary of the covered service provider's failure, in
accordance with subclauses (III) and (IV).''; and
(2) by adding at the end the following:
``(C)(i)(I) For plan years beginning on or after the date
that is 30 months after the date of enactment of this
subparagraph (referred to in this clause as the `effective
date'), no contract or arrangement or renewal or extension of
a contract or arrangement, entered into on or after the
effective date, for services between a covered plan and a
covered service provider (or between a sponsor of a covered
plan and a covered service provider), through a health
insurance issuer offering group health insurance coverage, a
third-party administrator, an entity providing pharmacy
benefit management services, or other entity, for pharmacy
benefit management services, is reasonable within the meaning
of this paragraph unless such entity providing pharmacy
benefit management services--
``(aa) remits 100 percent of rebates, fees, alternative
discounts, and other remuneration received from any
applicable entity that are related to utilization of drugs or
drug spending under such health plan or health insurance
coverage, to the group health plan or, in the case of a
health insurance issuer offering group health insurance
coverage in connection with a group health plan, to the
health insurance issuer offering group health insurance
coverage on behalf of the plan; and
``(bb) does not enter into any contract for pharmacy
benefit management services on behalf of such a plan or
coverage, with an applicable entity unless 100 percent of
rebates, fees, alternative discounts, and other remuneration
received under such contract that are related to the
utilization of drugs or drug spending under such group health
plan or health insurance coverage are remitted to the group
health plan or, in the case of a health insurance issuer
offering group health insurance coverage in connection with a
group health plan, to the health insurance issuer on behalf
of the plan by the entity providing pharmacy benefit
management services.
``(II) Nothing in subclause (I) shall be construed to
affect the term of a contract or arrangement, as in effect on
the effective date (as described in such subclause), except
that such subclause shall apply to any renewal or extension
of such a contract or arrangement entered into on or after
such effective date, as so described.
``(ii) With respect to such rebates, fees, alternative
discounts, and other remuneration--
``(I) the rebates, fees, alternative discounts, and other
remuneration under clause (i)(I) shall be--
``(aa) remitted--
``(AA) on a quarterly basis, to the group health plan or,
in the case of a health insurance issuer offering group
health insurance coverage in connection with a group health
plan, to the group health insurance issuer on behalf of the
plan, not later than 90 days after the end of each quarter;
or
``(BB) in the case of an underpayment in a remittance for a
prior quarter, as soon as practicable, but not later than 90
days after notice of the underpayment is first given;
``(bb) fully disclosed and enumerated to the group health
plan or health insurance issuer; and
``(cc) returned to the covered service provider for
pharmacy benefit management services on behalf of the group
health plan if any audit by a plan sponsor, issuer or a third
party designated by a plan sponsor, indicates that the
amounts received are in excess of correct amounts after such
amounts have been paid to the group health plan, in the
amount of such excess;
``(II) the Secretary may issue regulations governing--
``(aa) procedures for the remittance of rebates, fees,
alternative discounts, and other remuneration under subclause
(I)(aa);
``(bb) any audit pursuant to this subparagraph; and
``(cc) the timing, manner, and content of the disclosure of
rebates, fees, alternative discounts, and other remuneration
under subclause (I)(bb) as well as any other information the
Secretary determines necessary for the responsible plan
fiduciary to consider the reasonableness of the contract or
arrangement (provided that such information does not include
personally identifiable health information or protected
health information subject to established individual privacy
and nondiscrimination requirements under law); and
``(III) the records of such rebates, fees, alternative
discounts, other remuneration, and disclosures, shall be
available for audit by the plan (or the plan sponsor, issuer,
or a third party designated by a plan sponsor on behalf of
the plan), not less than once per plan year.
``(iii) To ensure that an entity providing pharmacy benefit
management services is able to meet the requirements of
clause (ii)(I), a rebate aggregator (or other purchasing
entity designed to aggregate rebates) and an applicable group
purchasing organization shall remit such rebates to the
entity providing pharmacy benefit management services not
later than 45 days after the end of each quarter.
``(iv) A third-party administrator of a group health plan,
a health insurance issuer offering group health insurance
coverage, or
[[Page H1296]]
a covered service provider for pharmacy benefit management
services under such health plan or health insurance coverage
shall make rebate contracts with rebate aggregators or drug
manufacturers available for audit by such plan, subject to
reasonable restrictions (as determined by the Secretary) on
confidentiality to prevent re-disclosure of such contracts or
use of such information in audits for purposes unrelated to
this section.
``(v) Audits carried out under clauses (ii)(III) and (iv)
shall be performed by an auditor selected by the responsible
plan fiduciary. Payment for such auditors shall not be made,
whether directly or indirectly, by the entity providing
pharmacy benefit management services.
``(vi) Nothing in this subparagraph shall be construed to--
``(I) prohibit reasonable payments to entities offering
pharmacy benefit management services for bona fide services
using a fee structure not described in this subparagraph,
provided that such fees are transparent and quantifiable to
group health plans and health insurance issuers;
``(II) require a third-party administrator of a group
health plan or covered service provider for pharmacy benefit
management services under such health plan or health
insurance coverage to remit bona fide service fees to the
group health plan;
``(III) limit the ability of a group health plan or health
insurance issuer to pass through rebates, fees, alternative
discounts, and other remuneration to the participant or
beneficiary;
``(IV) modify the requirements for the creation, receipt,
maintenance, or transmission of protected health information
under the privacy regulations promulgated under the Health
Insurance Portability and Accountability Act of 1996 in part
160 and subparts A and E of part 164 of title 45, Code of
Federal Regulations (or successor regulations); or
``(V) limit any requirement under subparagraph (A) or (B).
``(vii) For purposes of this subparagraph--
``(I) the terms `applicable entity' and `applicable group
purchasing organization' have the meanings given such terms
in section 726(e);
``(II) the terms `covered plan', `covered service
provider', and `responsible plan fiduciary' have the meanings
given such terms in subparagraph (B); and
``(III) the terms `group health insurance coverage',
`health insurance coverage', and `health insurance issuer'
have the meanings given such terms in section 733.''.
(b) Rule of Construction.--Subclause (II)(aa) of section
408(b)(2)(B)(viii) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1108(b)(2)(B)(viii)), as amended by
subsection (a), shall not be construed to relieve or limit a
responsible plan fiduciary from the duty to monitor the
practices of any covered service provider that contracts with
the applicable covered plan, including for the purposes of
ensuring the reasonableness of compensation. For purposes of
this subsection, the terms ``covered plan'', ``covered
service provider'', and ``responsible plan fiduciary'' have
the meanings given such terms in section 408(b)(2)(B)(ii) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1108(b)(2)(B)(ii)).
(c) Clarification of Covered Service Provider.--
(1) Services.--Section 408(b)(2)(B)(ii)(I)(bb) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1108(b)(2)(B)(ii)(I)(bb)) is amended--
(A) in subitem (AA) by striking ``Brokerage services,'' and
inserting ``Services (including brokerage services),''; and
(B) in subitem (BB)--
(i) by striking ``Consulting,'' and inserting ``Other
services,''; and
(ii) by striking ``related to the development or
implementation of plan design'' and all that follows through
the period at the end and inserting ``including any of the
following: plan design, insurance or insurance product
selection (including vision and dental), recordkeeping,
medical management, benefits administration selection
(including vision and dental), stop-loss insurance, pharmacy
benefit management services, wellness design and management
services, transparency tools, group purchasing organization
agreements and services, participation in and services from
preferred vendor panels, disease management, compliance
services, employee assistance programs, or third-party
administration services, or consulting services related to
any such services.''.
(2) Certain arrangements for pharmacy benefit management
services considered as indirect.--
(A) In general.--Section 408(b)(2)(B)(i) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1108(b)(2)(B)(i)) is amended--
(i) by striking ``requirements of this clause'' and
inserting ``requirements of this subparagraph''; and
(ii) by adding at the end the following: ``For purposes of
applying section 406(a)(1)(C) with respect to a transaction
described under this subparagraph or subparagraph (C), a
contract or arrangement for services between a covered plan
and an entity providing services to the plan, including a
health insurance issuer providing health insurance coverage
in connection with the covered plan, in which such entity
contracts, in connection with such plan, with a service
provider for pharmacy benefit management services, shall be
considered an indirect furnishing of goods, services, or
facilities between the covered plan and the service provider
for pharmacy benefit management services acting as the party
in interest.''.
(B) Exemption.--Section 408(b)(2)(B) (29 U.S.C.
1108(b)(2)(B)) of such Act is amended by adding at the end
the following:
``(x) A service provider for pharmacy benefit management
services that is considered to indirectly furnish goods,
services, or facilities to a covered plan, as described in
clause (i)(I), is entitled to relief with respect to a
violation of this section provided the conditions for
receiving such relief are satisfied.''.
(C) Health insurance issuer and health insurance coverage
defined.--Section 408(b)(2)(B)(ii)(I)(aa) of such Act (29
U.S.C. 1108(b)(2)(B)(ii)(I)(aa)) is amended by inserting
before the period at the end ``and the terms `health
insurance coverage' and `health insurance issuer' have the
meanings given such terms in section 733(b)''.
(D) Technical amendment.--Section 408(b)(2)(B)(ii)(I)(aa)
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1108(b)(2)(B)(ii)(I)(aa)) is amended by inserting
``in'' after ``defined''.
(E) Regulatory authority.--Section 408(b)(2)(B)(iii) of
such Act (29 U.S.C. 1108(b)(2)(B)(iii)) is amended, in the
matter preceding subclause (I), by inserting ``(in accordance
with regulations issued by the Secretary addressing time,
manner, and content of such disclosures)'', after
``following''.
SEC. 6703. INCREASING TRANSPARENCY IN GENERIC DRUG
APPLICATIONS.
(a) In General.--Section 505(j)(3) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(j)(3)) is amended by
adding at the end the following:
``(H)(i) Upon request (in controlled correspondence or an
analogous process) by a person that has submitted or intends
to submit an abbreviated application under this subsection
for a drug that is required by regulation to contain one or
more of the same inactive ingredients in the same
concentrations as the listed drug referred to, or for which
the Secretary determines there is a scientific justification
for an approach that is in vitro, in whole or in part, to be
used to demonstrate bioequivalence for a drug if such a drug
contains one or more of the same inactive ingredients in the
same concentrations as the listed drug referred to, the
Secretary shall inform the person whether such drug is
qualitatively and quantitatively the same as the listed drug.
The Secretary may also provide such information to such a
person on the Secretary's own initiative during the review of
an abbreviated application under this subsection for such
drug.
``(ii) Notwithstanding section 301(j), if the Secretary
determines that such drug is not qualitatively or
quantitatively the same as the listed drug, the Secretary
shall identify and disclose to the person--
``(I) the ingredient or ingredients that cause such drug
not to be qualitatively or quantitatively the same as the
listed drug; and
``(II) for any ingredient for which there is an identified
quantitative deviation, the amount of such deviation.
``(iii) If the Secretary determines that such drug is
qualitatively and quantitatively the same as the listed drug,
the Secretary shall not change or rescind such determination
after the submission of an abbreviated application for such
drug under this subsection unless--
``(I) the formulation of the listed drug has been changed
and the Secretary has determined that the prior listed drug
formulation was withdrawn for reasons of safety or
effectiveness; or
``(II) the Secretary makes a written determination that the
prior determination must be changed because an error has been
identified.
``(iv) If the Secretary makes a written determination
described in clause (iii)(II), the Secretary shall provide
notice and a copy of the written determination to the person
making the request under clause (i).
``(v) The disclosures authorized under clauses (i) and (ii)
are disclosures authorized by law, including for purposes of
section 1905 of title 18, United States Code. This
subparagraph shall not otherwise be construed to authorize
the disclosure of nonpublic qualitative or quantitative
information about the ingredients in a listed drug, or to
affect the status, if any, of such information as trade
secret or confidential commercial information for purposes of
section 301(j) of this Act, section 552 of title 5, United
States Code, or section 1905 of title 18, United States
Code.''.
(b) Guidance.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human
Services shall issue draft guidance, or update guidance,
describing how the Secretary will determine whether a drug is
qualitatively and quantitatively the same as the listed drug
(as such terms are used in section 505(j)(3)(H) of the
Federal Food, Drug, and Cosmetic Act, as added by subsection
(a)), including with respect to assessing pH adjusters.
(2) Process.--In issuing guidance under this subsection,
the Secretary of Health and Human Services shall--
(A) publish draft guidance;
(B) provide a period of at least 60 days for comment on the
draft guidance; and
(C) after considering any comments received and not later
than one year after the close of the comment period on the
draft guidance, publish final guidance.
(c) Applicability.--Section 505(j)(3)(H) of the Federal
Food, Drug, and Cosmetic Act, as added by subsection (a),
applies beginning
[[Page H1297]]
on the date of enactment of this Act, irrespective of the
date on which the guidance required by subsection (b) is
finalized.
The Acting CHAIR. No further amendment to the bill, as amended, is in
order except those printed in part B of House Report 119-462. Each such
further amendment may be offered only in the order printed in the
report, by a Member designated in the report, shall be considered read,
shall be debatable for the time specified in the report, equally
divided and controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand for division
of the question.
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