(A) Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.

(B) Compost

The term compost means a product that—

(C) Compostable material

The term compostable material means material that is a feedstock for creating compost, including—

(D) Indian tribe

The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(E) Recyclable material

The term recyclable material means a material that is obsolete, previously used, off-specification, surplus, or incidentally produced for processing into a specification-grade commodity for which a reuse market currently exists or is being developed.

(F) Recycling

The term recycling means the series of activities—

(G) State

The term State has the meaning given the term in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903).

(A)

transforms a recyclable material into a specification-grade commodity; and

(B)

may occur in multiple steps, with different phases, including sorting, occurring at different locations.

(A)

the total annual recycling and composting rates reported by all Federal agencies; and

(B)

the total annual percentage of products containing recyclable material, compostable material, or recovered materials purchased by all Federal agencies, including—

(A)

improve recycling rates;

(B)

reduce the quantity of recyclable materials being unutilized in a circular market; and

(C)

affect prices paid by consumers for products using materials recycled in the circular market.

(A)

a State (as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903));

(B)

a unit of local government;

(C)

an Indian Tribe; and

(D)

a public-private partnership.

(A) In general

The term materials recovery facility means a recycling facility where primarily residential recyclables, which are diverted from disposal by a generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users.

(B) Exclusion

The term materials recovery facility does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials.

(A)

receives and consolidates recyclable material from curbside recycling or drop-off facilities; and

(B)

loads the recyclable material onto tractor trailers, railcars, or barges for transport to a distant materials recovery facility or another recycling-related facility.

(A)

transportation, distance, or other reasons render utilization of available processing capacity at an existing materials recovery facility cost prohibitive; or

(B)

the processing capacity of an existing materials recovery facility is insufficient to manage the volume of recyclable materials produced by that community.

(A)

for administrative costs relating to carrying out the pilot grant program; and

(B)

to provide technical assistance to eligible entities applying for a grant under the pilot grant program.

(A)

by striking (4) The Administrator, upon and inserting the following:

(4) Waivers

(A) In general

The Administrator, on;

(B)

in subparagraph (A) (as so designated)—

(C)

by adding at the end the following:

(C) Reid vapor pressure

A fuel or fuel additive may be introduced into commerce if—

(i)

(I)

the Administrator determines that the fuel or fuel additive is substantially similar to a fuel or fuel additive utilized in the certification of any model year vehicle pursuant to paragraph (1)(A); or

(II)

the fuel or fuel additive has been granted a waiver under subparagraph (A) and meets all of the conditions of that waiver other than any limitation of the waiver with respect to the Reid Vapor Pressure of the fuel or fuel additive; and

(ii)

the fuel or fuel additive meets all other applicable Reid Vapor Pressure requirements under subsection (h).

(A)

by striking vapor pressure each place it appears and inserting Vapor Pressure;

(B)

in paragraph (4), in the matter preceding subparagraph (A), by striking 10 percent and inserting 10 to 15 percent; and

(C)

in paragraph (5)(A)—

(1)

prohibit any commercial or industrial purpose in which high concentration sodium nitrite is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer; and

(2)

apply to high concentration sodium nitrite that meets the definition of a drug, device, or cosmetic (as such terms are defined in sections 201(g), (h), and (i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g), (h), and (i))), or food (as defined in section 201(f) of such Act (21 U.S.C. 321(f))), including poultry and poultry products (as such terms are defined in sections 4(e) and (f) of the Poultry Products Inspection Act (21 U.S.C. 453(e) and (f))), meat and meat food products (as such terms are defined in section 1(j) of the Federal Meat Inspection Act (21 U.S.C. 601(j))), and eggs and egg products (as such terms are defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033)).

(1) Consumer product

The term consumer product has the meaning given that term under section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)).

(2) High concentration of sodium nitrite

The term high concentration of sodium nitrite means a concentration of 10 or more percent by weight of sodium nitrite.

(1) Notice to Commission

If the provisions of ANSI/CAN/UL 2271–Standard for Batteries for Use in Light Electric Vehicle Applications, ANSI/CAN/UL 2849–Standard for Safety for Electrical Systems for eBikes, or ANSI/CAN/UL 2272–Standard for Electrical Systems for Personal E–Mobility Devices, are revised following the enactment of this Act, the organization that revised the requirements of such standard shall notify the Commission after the final approval of the revision.

(2) Treatment of revision

The revised voluntary standard shall be considered to be a consumer product safety standard issued by the Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), effective 180 days after the date on which the organization notifies the Commission (or such later date specified by the Commission in the Federal Register) unless, within 90 days after receiving that notice, the Commission notifies the organization that it has determined that the proposed revision, in whole or in part, does not improve the safety of the consumer product covered by the standard and that the Commission is retaining the existing consumer product safety standard.

(1) In general

Not later than 5 years after the date of enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report regarding fires, explosions, and other hazards relating to lithium-ion batteries used in micromobility products during the period beginning on the date of enactment of this Act and ending on the report date.

(2) Content

The report required by paragraph (1) shall describe, at a minimum—

(1)

that holds a license issued by the Commission pursuant to—

(2)

with respect to which—

(1) In general

Not later than 18 months after the date of the enactment of this Act, the Commission shall issue rules to obtain information to identify each entity—

(2) Placement on list

Not later than 1 year after the Commission issues the rules required by paragraph (1), the Commission shall place each entity described in such paragraph on the list published under subsection (a).

(1) Appropriate national security agency

The term appropriate national security agency has the meaning given such term in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608).

(2) Commission

The term Commission means the Federal Communications Commission.

(3) Covered country

The term covered country means a country specified in section 4872(f)(2) of title 10, United States Code.

(4) Covered entity

The term covered entity means—

(A)

promote resilient critical supply chains; and

(B)

identify, prepare for, and respond to supply chain shocks to—

(1)

In consultation with the Working Group—

(2)

In consultation with State and local governments, the Working Group, and (as appropriate) countries that are allies or key international partner nations—

(1)

the Department of State;

(2)

the Department of Defense;

(3)

the Department of Homeland Security;

(4)

the Department of Transportation;

(5)

the Department of Energy;

(6)

the Department of Agriculture;

(7)

the Department of the Interior;

(8)

the Department of Health and Human Services;

(9)

the Office of the Director of National Intelligence; and

(10)

the Small Business Administration.

(1)

not later than 120 days after the date of the enactment of this Act, designate—

(2)

provide for a period of public comment and review in carrying out paragraph (1); and

(3)

update the designations made pursuant to paragraph (1) not less frequently than once every 4 years, including designations for technologies that are not described in section 407(12)(B) that the Assistant Secretary considers necessary.

(1)

details supply chain activities, including applicable activities described in subsection (b) and responsibilities described in section 402, that the Assistant Secretary has conducted over the past year;

(2)

describes supply chain data collected, retained, and analyzed by the Assistant Secretary over the past year;

(3)

identifies and describes necessary tools, including commercially available risk assessment tools, that leverage data and industry expertise to provide insights into critical supply chain vulnerabilities, including how such tools fulfill each responsibility described in subsection (b);

(4)

identifies and describes all Federal agencies with authorities or responsibilities described in subsection (b); and

(5)

identifies Federal agencies, programs, and bureaus with duplicative purposes to fulfill any of the authorities or responsibilities described in subsection (b).

(1) In general

Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Assistant Secretary, in consultation with the Working Group, covered nongovernmental representatives, industries, institutions of higher education, and State and local governments, shall submit to the relevant committees of Congress a report that—

(2) Prohibition

The report submitted pursuant to paragraph (1) may not include—

(3) Form

The report submitted pursuant to paragraph (1), and any update submitted thereafter, shall be submitted to the relevant committees of Congress in unclassified form and may include a classified annex.

(4) Public comment

The Assistant Secretary shall provide for a period of public comment and review in developing the report submitted pursuant to paragraph (1).

(1)

to share information with the Secretary or Assistant Secretary;

(2)

to request assistance from the Secretary or Assistant Secretary; or

(3)

to implement any measure or recommendation suggested by the Secretary or Assistant Secretary in response to a request by the private entity.

(1) Protection

(2) Limitation

No communication of critical supply chain information to the Department of Commerce made pursuant to this section may be considered to be an action subject to the requirements of chapter 10 of title 5, United States Code.

(3) Independently obtained information

Nothing in this subsection may be construed to limit or otherwise affect the ability of a State, local, or Federal Government entity, agency, or authority, or any third party, under applicable law to obtain critical supply chain information in a manner not covered by paragraph (1), including any information lawfully and properly disclosed generally or broadly to the public and to use such information in any manner permitted by law. For purposes of this subsection, a permissible use of independently obtained information includes the disclosure of such information under section 2302(b)(8) of title 5, United States Code.

(4) Treatment of voluntary submittal of information

The voluntary submittal to the Department of Commerce of information or records that are protected from disclosure by this section may not be construed to constitute compliance with any requirement to submit such information to an agency under any other provision of law.

(5) Inapplicability to semiconductor incentive program

This subsection does not apply to the voluntary submission of critical supply chain information in an application for Federal financial assistance under section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

(1)

identifying the duties, responsibilities, resources, programs, and expertise within the offices and bureaus of the Department of Commerce relevant to critical supply chain resilience and manufacturing innovation;

(2)

identifying and assessing the purpose, legal authority, effectiveness, efficiency, and limitations of each office or bureau identified under paragraph (1); and

(3)

providing recommendations to enhance the activities related to critical supply chain resilience and manufacturing innovation of the Department of Commerce, including—

(A)

means a country that is critical to addressing critical supply chain weaknesses and vulnerabilities; and

(B)

does not include—

(A)

the national security or economic security of the United States; and

(B)

either—

(A)

is critical for the national security or economic security of the United States; and

(B)

produces or procures a critical good.

(A)

sustaining and adapting a critical supply chain during a supply chain shock;

(B)

critical supply chain risk mitigation and recovery planning with respect to a supply chain shock, including any planned or past assessment, projection, or estimate of a vulnerability within the critical supply chain, including testing, supplier network assessments, production flexibility, supply chain risk evaluations, supply chain risk management planning, or risk audits; or

(C)

operational best practices, planning, and supplier partnerships that enable enhanced resilience of a critical supply chain during a supply chain shock, including response, repair, recovery, reconstruction, insurance, or continuity.

(A)

Technologies included in the American COMPETE Act (title XV of division FF of the Consolidated Appropriations Act, 2021; Public Law 116–260; 134 Stat. 3276).

(B)

The following technologies:

(A)

means any activity that is necessary for the development, production, processing, distribution, or delivery of any raw, in process, or manufactured material (including any mineral, metal, and advanced processed material), article, commodity, supply, product, critical good, or item of supply; and

(B)

does not include software unrelated to the manufacturing process.

(A)

The Committee on Commerce, Science, and Transportation of the Senate.

(B)

The Committee on Energy and Commerce of the House of Representatives.

(A)

ensures that the United States can sustain critical industry, including emerging technologies, production, critical supply chains, services, and access to critical goods, production equipment, and manufacturing technology during a supply chain shock; and

(B)

has key components of resilience that include—

(A)

means an event causing severe or serious disruption to normal operations or capacity in a supply chain; and

(B)

includes—

(A)

shared across a network of computers to create a ledger of verified information among network participants;

(B)

linked using cryptography to maintain the integrity of the ledger and to execute other functions; and

(C)

distributed among network participants in an automated fashion to concurrently update network participants on the state of the ledger and other functions.

(1)

to examine and to provide recommendations on issues and risks relating to the deployment, use, application, and competitiveness of blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization, including the issues of decentralized identity, cybersecurity, key storage and security systems, artificial intelligence, fraud reduction, regulatory compliance, e-commerce, health care applications, and supply chain resiliency;

(2)

to support and to promote the improvement and security of blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization;

(3)

to help to promote the leadership of the United States with respect to the deployment, use, application, and competitiveness of blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization;

(4)

to promote the national security of the United States with respect to blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization;

(5)

to support engagement with the public to develop a compendium of proposals for practices as part of the work described in subsection (d);

(6)

to consider policies to encourage coordination among Federal agencies with respect to the deployment of blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization;

(7)

to examine—

(8)

to support coordination of the activities of the Federal Government relating to the security of blockchain technology and other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization.

(1) Establishment

(2) Membership composition

The Advisory Committee shall consist of members appointed by the Secretary, which shall include—

(3) Termination of Advisory Committee

The Advisory Committee shall terminate on the date that is 7 years after the date of the enactment of this Act.

(1)

support the deployment of technologies needed to advance the capabilities of blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization;

(2)

support the interoperability of blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization;

(3)

support operations, including hashing and key storage and security systems, that form the foundation of blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization;

(4)

reduce cybersecurity risks that may compromise blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization; and

(5)

quantify the value and potential cost savings associated with adoption of blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization, including through comparative analyses of competing and existing technologies within specific industry applications.

(1)

consult closely and regularly with stakeholders, including private sector individuals and entities, and incorporate industry expertise;

(2)

collaborate with private sector stakeholders to identify prioritized, flexible, repeatable, performance-based, and cost-effective approaches to the deployment of blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization;

(3)

make public research and information pertaining to the use of, and marketplace for, blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization;

(4)

develop standardized terminology for, and promote common understanding of, blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization;

(5)

align the recommendations of the compendium described in subsection (d) with the goal of facilitating the ease of use of blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization;

(6)

support open-source infrastructure, data management, and authentication activities with respect to blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization; and

(7)

consider the needs and interests of both the private and public sector, including small businesses and Federal, State, and local governments.

(1)

to require a private entity to share information with the Secretary;

(2)

to require a private entity to request assistance from the Secretary;

(3)

to require a private entity to implement any measure or recommendation suggested by the Secretary in response to a request by the private entity; or

(4)

to require the adoption of the best practices described in subsection (d).

(1)

a description of the activities of the Secretary under this title during the preceding year;

(2)

any recommendations by the Secretary for additional legislation to strengthen the competitiveness of the United States with respect to blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization; and

(3)

a description of any emerging risks and long-term trends with respect to blockchain technology or other distributed ledger technology, applications built on blockchain technology or other distributed ledger technology, tokens, and tokenization.

(1) Appointment

The members of the Task Force shall be appointed by the Chair.

(2) Composition

To the extent practicable, the membership of the Task Force shall be composed of the following:

(1) In general

Not later than 1 year after the date on which the Task Force is established under subsection (a), the Task Force shall publish in the Federal Register and on the website of the Commission, and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report on sixth-generation wireless technology, including—

(2) Draft report; public comment

The Task Force shall—

(1) Chair

The term Chair means the Chair of the Commission.

(2) Commission

The term Commission means the Federal Communications Commission.

(3) Not trusted

(4) State

The term State has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).

(5) Task force

The term Task Force means the 6G Task Force established under subsection (a).

(1)

by redesignating sections 10 and 11 as sections 11 and 12, respectively; and

(2)

by inserting after section 9 the following:

10. Prohibition on grant of certain satellite licenses, United States market access, or earth station authorizations

(a) In general

The Commission may not grant a license for, or a petition for a declaratory ruling to access the United States market using, a geostationary orbit satellite system or a nongeostationary orbit satellite system, or an authorization to use an individually licensed earth station or a blanket-licensed earth station, if such license, grant of market access, or authorization would be held or controlled by—

(1)

an entity that produces or provides any covered communications equipment or service; or

(2)

an affiliate (as defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153)) of an entity described in paragraph (1).

(b) Definitions

In this section:

(1) Blanket-licensed earth station

The term blanket-licensed earth station means an earth station that is licensed with a geostationary orbit satellite system or a nongeostationary orbit satellite system.

(2) Gateway station

The term gateway station means an earth station or a group of earth stations that—

(A)

supports the routing and switching functions of a geostationary orbit satellite system or a nongeostationary orbit satellite system;

(B)

may also be used for telemetry, tracking, and command transmissions;

(C)

does not originate or terminate communication traffic; and

(D)

is not for the exclusive use of any customer.

(3) Individually licensed earth station

The term individually licensed earth station means—

(A)

an earth station (other than a blanket-licensed earth station) that sends a signal to, and receives a signal from, a geostationary orbit satellite system or a nongeostationary orbit satellite system; or

(B)

a gateway station.

(1)

by redesignating subsection (h) as subsection (i); and

(2)

by inserting after subsection (g) the following:

(h) Intentional disclosure of nonconsensual intimate visual depictions

(1) Definitions

In this subsection:

(A) Consent

The term consent means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion.

(B) Digital forgery

The term digital forgery means any intimate visual depiction of an identifiable individual created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic visual depiction, that, when viewed as a whole by a reasonable person, is indistinguishable from an authentic visual depiction of the individual.

(C) Identifiable individual

The term identifiable individual means an individual—

(i)

who appears in whole or in part in an intimate visual depiction; and

(ii)

whose face, likeness, or other distinguishing characteristic (including a unique birthmark or other recognizable feature) is displayed in connection with such intimate visual depiction.

(D) Interactive computer service

The term interactive computer service has the meaning given the term in section 230.

(E) Intimate visual depiction

The term intimate visual depiction has the meaning given such term in section 1309 of the Consolidated Appropriations Act, 2022 (15 U.S.C. 6851).

(F) Minor

The term minor means any individual under the age of 18 years.

(2) Offense involving authentic intimate visual depictions

(A) Involving adults

Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is not a minor if—

(i)

the intimate visual depiction was obtained or created under circumstances in which the person knew or reasonably should have known the identifiable individual had a reasonable expectation of privacy;

(ii)

what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;

(iii)

what is depicted is not a matter of public concern; and

(iv)

publication of the intimate visual depiction—

(I)

is intended to cause harm; or

(II)

causes harm, including psychological, financial, or reputational harm, to the identifiable individual.

(B) Involving minors

Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish an intimate visual depiction of an identifiable individual who is a minor with intent to—

(i)

abuse, humiliate, harass, or degrade the minor; or

(ii)

arouse or gratify the sexual desire of any person.

(C) Exceptions

Subparagraphs (A) and (B) shall not apply to—

(i)

a lawfully authorized investigative, protective, or intelligence activity of—

(I)

a law enforcement agency of the United States, a State, or a political subdivision of a State; or

(II)

an intelligence agency of the United States;

(ii)

a disclosure made reasonably and in good faith—

(I)

to a law enforcement officer or agency;

(II)

as part of a document production or filing associated with a legal proceeding;

(III)

as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose;

(IV)

in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or

(V)

to seek support or help with respect to the receipt of an unsolicited intimate visual depiction;

(iii)

a disclosure reasonably intended to assist the identifiable individual; or

(iv)

a person who possesses or publishes an intimate visual depiction of himself or herself engaged in nudity or sexually explicit conduct (as that term is defined in section 2256(2)(A) of title 18, United States Code).

(3) Offense involving digital forgeries

(A) Involving adults

Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish a digital forgery of an identifiable individual who is not a minor if—

(i)

the digital forgery was published without the consent of the identifiable individual;

(ii)

what is depicted was not voluntarily exposed by the identifiable individual in a public or commercial setting;

(iii)

what is depicted is not a matter of public concern; and

(iv)

publication of the digital forgery—

(I)

is intended to cause harm; or

(II)

causes harm, including psychological, financial, or reputational harm, to the identifiable individual.

(B) Involving minors

Except as provided in subparagraph (C), it shall be unlawful for any person, in interstate or foreign commerce, to use an interactive computer service to knowingly publish a digital forgery of an identifiable individual who is a minor with intent to—

(i)

abuse, humiliate, harass, or degrade the minor; or

(ii)

arouse or gratify the sexual desire of any person.

(C) Exceptions

Subparagraphs (A) and (B) shall not apply to—

(i)

a lawfully authorized investigative, protective, or intelligence activity of—

(I)

a law enforcement agency of the United States, a State, or a political subdivision of a State; or

(II)

an intelligence agency of the United States;

(ii)

a disclosure made reasonably and in good faith—

(I)

to a law enforcement officer or agency;

(II)

as part of a document production or filing associated with a legal proceeding;

(III)

as part of medical education, diagnosis, or treatment or for a legitimate medical, scientific, or education purpose;

(IV)

in the reporting of unlawful content or unsolicited or unwelcome conduct or in pursuance of a legal, professional, or other lawful obligation; or

(V)

to seek support or help with respect to the receipt of an unsolicited intimate visual depiction;

(iii)

a disclosure reasonably intended to assist the identifiable individual; or

(iv)

a person who possesses or publishes a digital forgery of himself or herself engaged in nudity or sexually explicit conduct (as that term is defined in section 2256(2)(A) of title 18, United States Code).

(4) Penalties

(A) Offenses involving adults

Any person who violates paragraph (2)(A) or (3)(A) shall be fined under title 18, United States Code, imprisoned not more than 2 years, or both.

(B) Offenses involving minors

Any person who violates paragraph (2)(B) or (3)(B) shall be fined under title 18, United States Code, imprisoned not more than 3 years, or both.

(5) Rules of construction

For purposes of paragraphs (2) and (3)—

(A)

the fact that the identifiable individual provided consent for the creation of the intimate visual depiction shall not establish that the individual provided consent for the publication of the intimate visual depiction; and

(B)

the fact that the identifiable individual disclosed the intimate visual depiction to another individual shall not establish that the identifiable individual provided consent for the publication of the intimate visual depiction by the person alleged to have violated paragraph (2) or (3), respectively.

(6) Threats

(A) Threats involving authentic intimate visual depictions

Any person who intentionally threatens to commit an offense under paragraph (2) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be punished as provided in paragraph (4).

(B) Threats involving digital forgeries

(i) Threats involving adults

Any person who intentionally threatens to commit an offense under paragraph (3)(A) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be fined under title 18, United States Code, imprisoned not more than 18 months, or both.

(ii) Threats involving minors

Any person who intentionally threatens to commit an offense under paragraph (3)(B) for the purpose of intimidation, coercion, extortion, or to create mental distress shall be fined under title 18, United States Code, imprisoned not more than 30 months, or both.

(7) Forfeiture

(A) In general

The court, in imposing a sentence on any person convicted of a violation of paragraph (2) or (3), shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that the person forfeit to the United States—

(i)

any material distributed in violation of that paragraph;

(ii)

the person’s interest in property, real or personal, constituting or derived from any gross proceeds of the violation, or any property traceable to such property, obtained or retained directly or indirectly as a result of the violation; and

(iii)

any personal property of the person used, or intended to be used, in any manner or part, to commit or to facilitate the commission of the violation.

(B) Procedures

Section 413 of the Controlled Substances Act (21 U.S.C. 853), with the exception of subsections (a) and (d), shall apply to the criminal forfeiture of property under subparagraph (A).

(8) Restitution

The court shall order restitution for an offense under paragraph (2) or (3) in the same manner as under section 2264 of title 18, United States Code.

(9) Rule of construction

Nothing in this subsection shall be construed to limit the application of any other relevant law, including section 2252 of title 18, United States Code.

(1) Notice and removal process

(2) Notice of process

A covered platform shall provide on the platform a clear and conspicuous notice, which may be provided through a clear and conspicuous link to another web page or disclosure, of the notice and removal process established under paragraph (1)(A) that—

(3) Removal of nonconsensual intimate visual depictions

Upon receiving a valid removal request from an identifiable individual (or an authorized person acting on behalf of such individual) using the process described in paragraph (1)(A)(ii), a covered platform shall, as soon as possible, but not later than 48 hours after receiving such request—

(4) Limitation on liability

A covered platform shall not be liable for any claim based on the covered platform’s good faith disabling of access to, or removal of, material claimed to be a nonconsensual intimate visual depiction based on facts or circumstances from which the unlawful publishing of an intimate visual depiction is apparent, regardless of whether the intimate visual depiction is ultimately determined to be unlawful or not.

(1) Unfair or deceptive acts or practices

A failure to reasonably comply with the notice and takedown obligations under subsection (a) shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).

(2) Powers of the Commission

(A) In general

The term covered platform means a website, online service, online application, or mobile application—

(B) Exclusions

The term covered platform shall not include the following:

(1)

in paragraph (2), by striking ; and and inserting a semicolon;

(2)

in paragraph (3), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(4)

identify locations and events in the United States that are important to music tourism and facilitate and promote domestic travel and tourism to those locations and events.

(1)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; and

(2)

by striking In this title, the term COVID–19 public health emergency— and inserting the following:

In this title:

(1) COVID–19 public health emergency

The term COVID–19 public health emergency—; and

(3)

by adding at the end the following:

(2) Music tourism

The term music tourism means—

(A)

the act of traveling to a State or locality to visit historic or modern day music-related attractions, including museums, studios, venues of all sizes, and other sites related to music; or

(B)

the act of traveling to a State or locality to attend a music festival, a concert, or other live musical performance or music-related special event.

(1) In general

The Federal Trade Commission (in this title referred to as the Commission) shall enforce this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title.

(2) Penalties and privileges

Any person who violates this title or a regulation promulgated under this title shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

(3) Savings clause

Nothing in this title shall be construed to limit the authority of the Commission under any other provision of law.

(A)

a telephone (including a mobile phone), a laptop, tablet, or any device that a consumer would reasonably expect to have a microphone or camera;

(B)

any device that is specifically marketed as a camera, telecommunications device, or microphone; or

(C)

any device or apparatus described in sections 255, 716, and 718, and subsections (aa) and (bb) of section 303 of the Communications Act of 1934 (47 U.S.C. 255; 617; 619; and 303(aa) and (bb)), and any regulations promulgated thereunder.

(A)

fabrication;

(B)

advanced packaging; and

(C)

materials and equipment used to manufacture semiconductor products.

(A)

what efforts the Federal Government can take to support increased foreign direct investment in any segment of semiconductor-related production;

(B)

what barriers to such investment may exist and how to amplify State efforts to attract such investment;

(C)

public opportunities those organizations have identified to attract foreign direct investment to help increase investment described in subparagraph (A); and

(D)

resource gaps or other challenges that prevent those organizations from increasing such investment; and

(A)

how SelectUSA can increase such investment independently or through partnership with those organizations; and

(B)

working with countries that are allies or partners of the United States to ensure that foreign adversaries (as defined in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)(2))) do not benefit from United States efforts to increase such investment.

(A)

working with other relevant Federal agencies; and

(B)

working with State-level economic development organizations and implementing any strategies or recommendations SelectUSA received from those organizations.

(1) In general

It shall be unlawful for a covered entity to display, advertise, market, or offer in interstate commerce, including through direct offerings, third-party distribution, or metasearch referrals, a price for covered services that does not clearly, conspicuously, and prominently—

(2) Individual components

Provided that such displays are less prominent than the total service price required in paragraph (1), nothing in this Act shall be construed to prohibit the display of—

(3) Indemnification provisions

Nothing in this section shall be construed to prohibit any covered entity from entering into a contract with any other covered entity that contains an indemnification provision with respect to price or fee information disclosed, exchanged, or shared between the covered entities that are parties to the contract.

(1) Enforcement by the Commission

(2) Enforcement by states

(3) Affirmative defense

In any action pursuant to paragraph (1) or (2), an intermediary or third-party online seller may assert an affirmative defense if such intermediary or third-party online seller—

(1) In general

A State, or political subdivision of a State, may not maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of law of the State, or political subdivision of the State, that prohibits a covered entity from advertising, displaying, marketing, or otherwise offering, or otherwise affects the manner in which a covered entity may advertise, display, market, or otherwise offer, for sale in interstate commerce, including through a direct offering, third-party distribution, or metasearch referral, a price of a reservation for a covered service, and that requires fee disclosure, unless the law requires the total services price to include each service fee, as defined in subsection (d)(8), and in accordance with subsection (a)(1).

(2) Rule of Construction

This section may not be construed to—

(1) Base services price

The term base services price —

(2) Commission

The term Commission means the Federal Trade Commission.

(3) Covered entity

The term covered entity means a person, partnership, or corporation with respect to whom the Commission has jurisdiction under section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)), including—

(4) Covered services

The term covered services—

(5) Hotel

The term hotel means an establishment that is—

(6) Intermediary

The term intermediary means an entity that operates either as a business-to-business platform, consumer-facing platform, or both, that displays, including through direct offerings, third-party distribution, or metasearch referral, a price for covered services or price comparison tools for consumers seeking covered services.

(7) Optional product or service

The term optional product or service means a product or service that an individual does not need to purchase to use or obtain covered services.

(8) Service fee

The term service fee—

(9) Short-term rental

The term short-term rental means a property, including a single-family dwelling or a unit in a condominium, cooperative, or time-share, that provides covered services (either with respect to the entire property or a part of the property) to the general public—

(10) State

The term State means each of the 50 States, the District of Columbia, and any territory or possession of the United States.

(11) Third-party online seller

The term third-party online seller means any person other than a hotel or short-term rental that sells covered services or offers for sale covered services with respect to a hotel or short-term rental in a transaction facilitated on the internet.

(12) Total services price

The term total services—

(1)

Does not market or list the service as an event ticket.

(2)

Maintains a clear, distinct, and easily discernible separation between the service and event tickets that persists throughout the entire service selection and purchasing process.

(3)

Clearly and conspicuously discloses before selection of the service that the service is not an event ticket and that the purchase of the service does not guarantee an event ticket.

(1)

if the event is cancelled, a full refund for the total event ticket price;

(2)

subject to availability, if the event is postponed for not more than 6 months and the original event ticket is no longer valid for entry to the rescheduled event, a replacement event ticket for the rescheduled event in the same or a comparable location once the event has been rescheduled; or

(3)

if the event is postponed for more than 6 months, at the option of the purchaser—

(1) In general

The Commission shall enforce this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title.

(2) Privileges and immunities

Any person who violates this title shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

(3) Authority preserved

Nothing in this title shall be construed to limit the authority of the Commission under any other provision of law.

(A)

taking place in a venue with a seating or attendance capacity exceeding 200 persons;

(B)

open to the general public; and

(C)

promoted, advertised, or marketed in interstate commerce, or for which event tickets are generally sold or distributed in interstate commerce.

(A)

means a charge for an event ticket that must be paid in addition to the base event ticket price in order to obtain an event ticket from a ticket issuer, secondary market ticket issuer, or secondary market ticket exchange, including any service fee, charge and order processing fee, delivery fee, facility charge fee, tax, and any other charge; and

(B)

does not include any charge or fee for an optional product or service associated with the event that may be selected by a purchaser of an event ticket.

(1) Covered country

The term covered country means a country specified in section 4872(f)(2) of title 10, United States Code.

(2) Secretary

The term Secretary means the Secretary of Commerce, in consultation with the Assistant Secretary of Commerce for Communications and Information.

(a) Authorization of appropriations

Section 151 of the National Telecommunications and Information Administration Organization Act is amended by striking $17,600,000 for fiscal year 1992 and $17,900,000 for fiscal year 1993 and inserting $57,000,000 for fiscal year 2025 and $57,000,000 for fiscal year 2026.

(b) Under secretary of commerce for communications and information

(c) Authorities and responsibilities

(d) Technical and conforming amendments

(a) Elimination of certain outdated or completed reporting requirements

(b) Consolidated annual report

(c) Extension of certain audit and reporting requirements

Section 902(c)(4)(A) of division N of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1306(c)(4)(A)) is amended by striking fiscal years 2021 and 2022 and inserting fiscal years 2021, 2022, 2023, and 2024.

(d) Definition

In this section, the term Secretary means the Secretary of Commerce.

(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,.

(1) In general

Section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) is amended—

(2) Conforming amendments

Section 1915 of the Social Security Act (42 U.S.C. 1396n) is amended—

(1)

in paragraph (2)(E), by inserting , and the information specified in paragraph (12)(C)(v), when applicable after paragraph (11); and

(2)

by adding at the end the following new paragraph:

(12) Demonstration program to expand coverage for home or community-based services

(A) In general

(i) Approval

Not later than 24 months after the date on which the planning grants under subparagraph (B) are awarded, notwithstanding paragraph (1), the Secretary may approve a waiver that is standalone from any other waiver approved under this subsection for not more than 5 States, selected in accordance with clause (ii), to include as medical assistance under the State plan of such State, for the 3-year period beginning on the date of such approval, payment for part or all of the cost of home or community-based services (other than room and board (as described in paragraph (1))) approved by the Secretary which are provided pursuant to a written plan of care to individuals described in subparagraph (C)(iii).

(ii) Selection criteria

In selecting States for purposes of clause (i), the Secretary shall—

(I)

only select States that received a planning grant under subparagraph (B);

(II)

only select States that meet the requirements specified in subparagraph (C) and such other requirements as the Secretary may determine appropriate;

(III)

select States in a manner that ensures geographic diversity;

(IV)

give preference to States with a higher percentage (relative to other States that apply to be selected for purposes of clause (i)) of the total State population residing in rural areas (as determined by the Secretary);

(V)

give preference to States that have demonstrated more progress in rebalancing long-term services and supports systems under this title, as determined based on the relative share of individuals who use home or community-based services (as defined by the Secretary) under this title as a percentage of total individuals who use long-term services and supports (as defined by the Secretary) under this title (in the most recent year for which such data is available); and

(VI)

give preference to States that pursue a waiver under this paragraph that incorporates the provision of mental health services for adults with serious mental illness, children with serious emotional disturbances, or individuals with substance use disorder.

(B) Planning grants

(i) In general

(I) Approval

Not later than 18 months after the date of the enactment of this paragraph, the Secretary shall award planning grants of not more than $5,000,000 each to not more than 10 States for purposes of preparing to submit a request for a waiver under this subsection (including for costs to implement the waiver or other activities to expand the provision of home or community-based services under this section) to provide home or community-based services to individuals described in subparagraph (C)(iii).

(II) Selection criteria

In awarding planning grants under subclause (I), the Secretary shall use the selection criteria specified in subclauses (III) through (VI) of subparagraph (A)(ii).

(ii) Consultation

A State that is awarded a planning grant under clause (i) shall, in preparing to submit a request for a waiver described in such clause, consult with—

(I)

individuals in need of (and not receiving) home or community-based services, individuals receiving home or community-based services, and the caregivers of such individuals;

(II)

providers furnishing home or community-based services; and

(III)

such other stakeholders, as the Secretary may specify.

(C) State requirements

In addition to the requirements specified under this subsection (except for the requirements described in subparagraphs (C) and (D) of paragraph (2) and any other requirement the Secretary determines to be inapplicable in the context of a waiver relation to individuals who do not require the level of care described in paragraph (1)), the requirements specified in this paragraph are, with respect to a State, the following:

(i)

As of the date that such State requests a waiver under this subsection to provide home or community-based services to individuals described in clause (iii), all other waivers (if any) granted under this subsection to such State meet the requirements of this subsection.

(ii)

The State demonstrates to the Secretary that approval of a waiver under this subsection with respect to individuals described in clause (iii) will not result in a material increase of the average amount of time that individuals with respect to whom a determination described in paragraph (1) has been made will need to wait to receive home or community-based services under any waiver granted under this subsection, as determined by the Secretary.

(iii)

The State establishes needs-based criteria, subject to the approval of the Secretary, to identify individuals for whom a determination described in paragraph (1) is not applicable, who will be eligible for home or community-based services under a waiver approved under this paragraph, and specifies the home or community-based services such individuals so eligible will receive.

(iv)

The State established needs-based criteria for determining whether an individual described in clause (iii) requires the level of care provided in a hospital, nursing facility, or an intermediate care facility for individuals with developmental disabilities under the State plan or under any waiver of such plan that are more stringent than the needs-based criteria established under clause (iii) for determining eligibility for home or community-based services.

(v)

The State attests that the State's average per capita expenditure for medical assistance under the State plan (or waiver of such plan) provided with respect to such individuals enrolled in a waiver under this paragraph will not exceed the State's average per capita expenditures for medical assistance for individuals receiving institutional care under the State plan (or waiver of such plan) for the duration that the waiver under this paragraph is in effect.

(vi)

The State provides to the Secretary data (in such form and manner as the Secretary may specify) regarding the number of individuals described in clause (i) with respect to a State seeking approval of a waiver under this subsection, to whom the State will make such services available under such waiver.

(vii)

The State agrees to provide to the Secretary, not less frequently than annually, data for purposes of paragraph (2)(E) (in such form and manner as the Secretary may specify) regarding, with respect to each preceding year in which a waiver under this subsection to provide home and community-based services to individuals described in clause (iii) was in effect—

(I)

the cost (as such term is defined by the Secretary) of such services furnished to individuals described in clause (iii), broken down by type of service;

(II)

with respect to each type of home and community-based service provided under the waiver, the length of time that such individuals have received such service;

(III)

a comparison between the data described in subclause (I) and any comparable data available with respect to individuals with respect to whom a determination described in paragraph (1) has been made and with respect to individuals receiving institutional care under this title; and

(IV)

the number of individuals who have received home and community-based services under the waiver during the preceding year.

(1) In general

There are appropriated, out of any funds in the Treasury not otherwise obligated, $71,000,000 for fiscal year 2025, to remain available until expended, to the Secretary of Health and Human Services for purposes of carrying out subsection (d) and the amendments made by subsection (b).

(2) Reservation for planning grants

Of the amount appropriated under paragraph (1), the Secretary of Health and Human Services shall reserve $50,000,000 of such amount to award planning grants under the demonstration program established by the amendments made by subsection (b).

(1) In general

Section 1902(a)(10)(A)(ii)(XV) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)(XV)) is amended by striking but less than 65,.

(2) 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,.

(1)

in subsection (a)—

(2)

by adding at the end the following new subsection:

(uu) Active duty relocated individual; home and community-Based services waiting list

For purposes of subsection (a)(88) 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—

(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), section 1915(c), or section 1915(j), 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.

(1)

in paragraph (87), by striking and at the end;

(2)

in paragraph (88), by striking the period at the end and inserting ; and; and

(3)

by inserting after paragraph (88) the following new paragraph:

(89)

beginning January 1, 2026, provide for a process to regularly obtain address information for individuals enrolled under such plan (or a waiver of such plan) from reliable data sources (as described in section 435.919(f)(1)(iii) of title 42, Code of Federal Regulations (or a successor regulation)) and act on any changes to such an address based on such information in accordance with such section (or successor regulation), except that this paragraph shall only apply in the case of the 50 States and the District of Columbia.

(1)

by redesignating subparagraphs (H) through (U) as subparagraphs (I) through (V), respectively; and

(2)

by inserting after subparagraph (G) the following new subparagraph:

(H)

Section 1902(a)(89) (relating to regularly obtaining address information for enrollees).

(A)

in paragraph (88), by striking ; and and inserting a semicolon;

(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)

provide that the State shall comply with the eligibility verification requirements under subsection (vv), except that this paragraph shall apply only in the case of the 50 States and the District of Columbia.; and

(1)

by striking The amendments made by this section and inserting the following:

(1) In general

Subject to paragraph (2), the amendments made by this section; and

(2)

by adding at the end the following new paragraph:

(2) Delay of date by which States must comply with certain juvenile justice-related requirements

A State shall not be regarded as failing to comply with the requirements of section 1902(a)(84)(D) or 2102(d)(2) of the Social Security Act (42 U.S.C. 1396a(a)(84)(D), 1397bb(d)(2)) before January 1, 2026.

(1) Medicaid

(2) CHIP

(3) Effective date

The amendments made by this subsection shall take effect as if enacted on December 29, 2022.

(1) In general

Not later than 24 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).

(2) Content of study

A State study required under paragraph (1) shall include the following information (to the extent practicable) with respect to maternity, labor, and delivery services furnished by applicable hospitals located in the State:

(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:

(4) Assistance to small hospitals in compiling cost information

There are appropriated to the Secretary for fiscal year 2025, $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 12 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).

(1)

in the heading, by striking 2025 and inserting 2026 and for the 1st quarter of fiscal year 2027;

(2)

by striking fiscal year 2025 and inserting fiscal year 2026; and

(3)

by inserting , and the DSH allotment for Tennessee for the 1st quarter of fiscal year 2027, shall be $13,275,000 before the period.

(1)

in paragraph (7)(A)—

(2)

in paragraph (8), by striking 2027 and inserting 2028.

(1)

in paragraph (1)—

(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).

(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

(1)

in paragraph (1)(A)—

(2)

in subparagraph (B) of paragraph (1), by striking subparagraph (A)(ii) and inserting subparagraph (A)(iii);

(3)

in subparagraph (D) of paragraph (1), by striking clauses (ii) and (iii) and inserting the following:

(ii)

The vendor must update the Secretary no less often than monthly on the survey prices for covered outpatient drugs.

(iii)

The vendor must differentiate, in collecting and reporting survey data, for all cost information collected, whether a pharmacy is a retail community pharmacy or an applicable non-retail pharmacy, including whether such pharmacy is an affiliate (as defined in subsection (k)(14)), and, in the case of an applicable non-retail pharmacy, which type of applicable non-retail pharmacy it is using the relevant pharmacy type indicators included in the guidance required by subsection (d)(2) of section 112 of the Health Improvements, Extenders, and Reauthorizations Act.;

(4)

by adding at the end of paragraph (1) the following:

(F) Survey reporting

In order to meet the requirement of section 1902(a)(54), a State shall require that any retail community pharmacy or applicable non-retail pharmacy in the State that receives any payment, reimbursement, administrative fee, discount, rebate, or other price concession related to the dispensing of covered outpatient drugs to individuals receiving benefits under this title, regardless of whether such payment, reimbursement, administrative fee, discount, rebate, or other price concession is received from the State or a managed care entity or other specified entity (as such terms are defined in section 1903(m)(9)(D)) directly or from a pharmacy benefit manager or another entity that has a contract with the State or a managed care entity or other specified entity (as so defined), shall respond to surveys conducted under this paragraph.

(G) Survey information

Information on national drug acquisition prices obtained under this paragraph shall be made publicly available in a form and manner to be determined by the Secretary and shall include at least the following:

(i)

The monthly response rate to the survey including a list of pharmacies not in compliance with subparagraph (F).

(ii)

The sampling methodology and number of pharmacies sampled monthly.

(iii)

Information on price concessions to pharmacies, including discounts, rebates, and other price concessions, to the extent that such information may be publicly released and has been collected by the Secretary as part of the survey.

(H) Penalties

(i) In general

Subject to clauses (ii), (iii), and (iv), the Secretary shall enforce the provisions of this paragraph with respect to a pharmacy through the establishment of civil money penalties applicable to a retail community pharmacy or an applicable non-retail pharmacy.

(ii) Basis for penalties

The Secretary shall impose a civil money penalty established under this subparagraph on a retail community pharmacy or applicable non-retail pharmacy if—

(I)

the retail pharmacy or applicable non-retail pharmacy refuses or otherwise fails to respond to a request for information about prices in connection with a survey under this subsection;

(II)

knowingly provides false information in response to such a survey; or

(III)

otherwise fails to comply with the requirements established under this paragraph.

(iii) Parameters for penalties

(I) In general

A civil money penalty established under this subparagraph may be assessed with respect to each violation, and with respect to each non-compliant retail community pharmacy (including a pharmacy that is part of a chain) or non-compliant applicable non-retail pharmacy (including a pharmacy that is part of a chain), in an amount not to exceed $100,000 for each such violation.

(II) Considerations

In determining the amount of a civil money penalty imposed under this subparagraph, the Secretary may consider the size, business structure, and type of pharmacy involved, as well as the type of violation and other relevant factors, as determined appropriate by the Secretary.

(iv) Rule of application

The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a civil money penalty or proceeding under section 1128A(a).

(I) Limitation on use of applicable non-retail pharmacy pricing information

No State shall use pricing information reported by applicable non-retail pharmacies under subparagraph (A)(ii) to develop or inform payment methodologies for retail community pharmacies.;

(5)

in paragraph (2)—

(6)

by redesignating paragraph (4) as paragraph (5);

(7)

by inserting after paragraph (3) the following new paragraph:

(4) Oversight

(A) In general

The Inspector General of the Department of Health and Human Services shall conduct periodic studies of the survey data reported under this subsection, as appropriate, including with respect to substantial variations in acquisition costs or other applicable costs, as well as with respect to how internal transfer prices and related party transactions may influence the costs reported by pharmacies that are affiliates (as defined in subsection (k)(14)) or are owned by, controlled by, or related under a common ownership structure with a wholesaler, distributor, or other entity that acquires covered outpatient drugs relative to costs reported by pharmacies not affiliated with such entities. The Inspector General shall provide periodic updates to Congress on the results of such studies, as appropriate, in a manner that does not disclose trade secrets or other proprietary information.

(B) Appropriation

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, $5,000,000 for fiscal year 2025, to remain available until expended, to carry out this paragraph.; and

(8)

in paragraph (5), as so redesignated—

(1)

in the matter preceding paragraph (1), by striking In the section and inserting In this section; and

(2)

by adding at the end the following new paragraphs:

(12) Applicable non-retail pharmacy

The term applicable non-retail pharmacy means a pharmacy that is licensed as a pharmacy by the State and that is not a retail community pharmacy, including a pharmacy that dispenses prescription medications to patients primarily through mail and specialty pharmacies. Such term does not include nursing home pharmacies, long-term care facility pharmacies, hospital pharmacies, clinics, charitable or not-for-profit pharmacies, government pharmacies, or low dispensing pharmacies (as defined by the Secretary).

(13) Affiliate

The term affiliate means any entity that is owned by, controlled by, or related under a common ownership structure with a pharmacy benefit manager or a managed care entity or other specified entity (as such terms are defined in section 1903(m)(9)(D)).

(1) In general

Subject to paragraph (2), the amendments made by this section shall take effect on the first day of the first quarter that begins on or after the date that is 6 months after the date of enactment of this Act.

(2) Delayed application to applicable non-retail pharmacies

The pharmacy survey requirements established by the amendments to section 1927(f) of the Social Security Act (42 U.S.C. 1396r–8(f)) made by this section shall apply to retail community pharmacies beginning on the effective date described in paragraph (1), but shall not apply to applicable non-retail pharmacies until the first day of the first quarter that begins on or after the date that is 18 months after the date of enactment of this Act.

(1) In general

Not later than January 1, 2026, the Secretary of Health and Human Services shall, in consultation with stakeholders as appropriate, publish guidance specifying pharmacies that meet the definition of applicable non-retail pharmacies (as such term is defined in subsection (k)(12) of section 1927 of the Social Security Act (42 U.S.C. 1396r–8), as added by subsection (b)), and that will be subject to the survey requirements under subsection (f)(1) of such section, as amended by subsection (a).

(2) Inclusion of pharmacy type indicators

The guidance published under paragraph (1) shall include pharmacy type indicators to distinguish between different types of applicable non-retail pharmacies, such as pharmacies that dispense prescriptions primarily through the mail and pharmacies that dispense prescriptions that require special handling or distribution. An applicable non-retail pharmacy may be identified through multiple pharmacy type indicators.

(1) In general

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.

(2) Nonapplication of Administrative Procedure Act

Implementation of the amendments made by this section shall be exempt from the requirements of section 553 of title 5, United States Code.

(1)

in subsection (e), by adding at the end the following new paragraph:

(6) Transparent prescription drug pass-through pricing required

(A) In general

A contract between the State and a pharmacy benefit manager (referred to in this paragraph as a PBM), or a contract between the State and a managed care entity or other specified entity (as such terms are defined in section 1903(m)(9)(D) and collectively referred to in this paragraph as the entity) that includes provisions making the entity responsible for coverage of covered outpatient drugs dispensed to individuals enrolled with the entity, shall require that payment for such drugs and related administrative services (as applicable), including payments made by a PBM on behalf of the State or entity, is based on a transparent prescription drug pass-through pricing model under which—

(i)

any payment made by the entity or the PBM (as applicable) for such a drug—

(I)

is limited to—

(aa)

ingredient cost; and

(bb)

a professional dispensing fee that is not less than the professional dispensing fee that the State would pay if the State were making the payment directly in accordance with the State plan;

(II)

is passed through in its entirety (except as reduced under Federal or State laws and regulations in response to instances of waste, fraud, or abuse) by the entity or PBM to the pharmacy or provider that dispenses the drug; and

(III)

is made in a manner that is consistent with sections 447.502, 447.512, 447.514, and 447.518 of title 42, Code of Federal Regulations (or any successor regulation) as if such requirements applied directly to the entity or the PBM, except that any payment by the entity or the PBM for the ingredient cost of such drug purchased by a covered entity (as defined in subsection (a)(5)(B)) may exceed the actual acquisition cost (as defined in 447.502 of title 42, Code of Federal Regulations, or any successor regulation) for such drug if—

(aa)

such drug was subject to an agreement under section 340B of the Public Health Service Act;

(bb)

such payment for the ingredient cost of such drug does not exceed the maximum payment that would have been made by the entity or the PBM for the ingredient cost of such drug if such drug had not been purchased by such covered entity; and

(cc)

such covered entity reports to the Secretary (in a form and manner specified by the Secretary), on an annual basis and with respect to payments for the ingredient costs of such drugs so purchased by such covered entity that are in excess of the actual acquisition costs for such drugs, the aggregate amount of such excess;

(ii)

payment to the entity or the PBM (as applicable) for administrative services performed by the entity or PBM is limited to an administrative fee that reflects the fair market value (as defined by the Secretary) of such services;

(iii)

the entity or the PBM (as applicable) makes available to the State, and the Secretary upon request in a form and manner specified by the Secretary, all costs and payments related to covered outpatient drugs and accompanying administrative services (as described in clause (ii)) incurred, received, or made by the entity or the PBM, broken down (as specified by the Secretary), to the extent such costs and payments are attributable to an individual covered outpatient drug, by each such drug, including any ingredient costs, professional dispensing fees, administrative fees (as described in clause (ii)), post-sale and post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees, and any and all other remuneration, as defined by the Secretary; and

(iv)

any form of spread pricing whereby any amount charged or claimed by the entity or the PBM (as applicable) that exceeds the amount paid to the pharmacies or providers on behalf of the State or entity, including any post-sale or post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees or assessments, as defined by the Secretary, (after allowing for an administrative fee as described in clause (ii)) is not allowable for purposes of claiming Federal matching payments under this title.

(B) Publication of information

The Secretary shall publish, not less frequently than on an annual basis and in a manner that does not disclose the identity of a particular covered entity or organization, information received by the Secretary pursuant to subparagraph (A)(i)(III)(cc) that is broken out by State and by each of the following categories of covered entity within each such State:

(i)

Covered entities described in subparagraph (A) of section 340B(a)(4) of the Public Health Service Act.

(ii)

Covered entities described in subparagraphs (B) through (K) of such section.

(iii)

Covered entities described in subparagraph (L) of such section.

(iv)

Covered entities described in subparagraph (M) of such section.

(v)

Covered entities described in subparagraph (N) of such section.

(vi)

Covered entities described in subparagraph (O) of such section.; and

(2)

in subsection (k), as previously amended by this title, by adding at the end the following new paragraph:

(14) 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 State, managed care entity (as defined in section 1903(m)(9)(D)), or other specified entity (as so defined), or manages the prescription drug benefits provided by a State, managed care entity, or other specified entity, including the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the managing of appeals or grievances related to the prescription drug benefits, contracting with pharmacies, controlling the cost of covered outpatient drugs, or the provision of services related thereto. Such term includes any person or entity that acts as a price negotiator (with regard to payment amounts to pharmacies and providers for a covered outpatient drug or the net cost of the drug) or group purchaser on behalf of a State, managed care entity, or other specified entity or that carries out 1 or more of the other activities described in the preceding sentence, irrespective of whether such person or entity calls itself a pharmacy benefit manager.

(1)

in paragraph (2)(A)(xiii)—

(2)

by adding at the end the following new paragraph:

(10)

No payment shall be made under this title to a State with respect to expenditures incurred by the State for payment for services provided by an other specified entity (as defined in paragraph (9)(D)(iii)) unless such services are provided in accordance with a contract between the State and such entity which satisfies the requirements of paragraph (2)(A)(xiii).

(1) In general

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.

(2) Nonapplication of administrative procedure act

Implementation of the amendments made by this section shall be exempt from the requirements of section 553 of title 5, United States Code.

(1)

in subparagraph (B), in the matter preceding clause (i), by striking fiscal year 2025 beginning on April 1, 2025, and ending on September 30, 2025, and in fiscal year 2026 and inserting fiscal year 2026 beginning on January 1, 2026, and ending on September 30, 2026, and in fiscal year 2027;

(2)

in subparagraph (C)(i)—