119-hr1768

This Act may be cited as the ``Lower Costs for Everyday Americans
Act''.

The table of contents for this Act is as follows:

DIVISION A--RECYCLING, WATER, AND ENVIRONMENT RELATED PROVISIONS

DIVISION B--COMMERCE

TITLE I--YOUTH POISONING PREVENTION

nitrite.
TITLE II--CONSUMER PRODUCT SAFETY STANDARD FOR CERTAIN BATTERIES

TITLE III--FOREIGN ADVERSARY COMMUNICATIONS TRANSPARENCY ACT

other grants of authority and having
certain foreign ownership.
TITLE IV--PROMOTING RESILIENT SUPPLY CHAINS

Commerce for Industry and Analysis.

TITLE V--DEPLOYING AMERICAN BLOCKCHAINS

TITLE VI--FUTURE NETWORKS ACT

TITLE VII--SECURE SPACE ACT

States market access, or earth station
authorizations.
TITLE VIII--TAKE IT DOWN ACT

nonconsensual intimate visual depictions.

depictions.

TITLE IX--RURAL BROADBAND PROTECTION ACT

fund applicants.
TITLE X--AMERICAN MUSIC TOURISM

Travel and Tourism.
TITLE XI--INFORMING CONSUMERS ABOUT SMART DEVICES

certain internet-connected devices.

TITLE XII--SECURING SEMICONDUCTOR SUPPLY CHAINS ACT

organizations.

semiconductor-related manufacturing and
production.

TITLE XIII--HOTEL FEES TRANSPARENCY ACT

rooms and other short-term rental prices.
TITLE XIV--TRANSPARENCY IN CHARGES FOR KEY EVENTS TICKETING

enforcement.

TITLE XV--ROUTERS ACT

and modems.
TITLE XVI--NTIA REAUTHORIZATION

Subtitle A--Reauthorization

Information Administration Organization
Act.

Subtitle B--Office of Spectrum Management

Subtitle C--Office of International Affairs

DIVISION C--HEALTH

TITLE I--MEDICAID

providers under Medicaid and CHIP.

based services under Medicaid.

working adults with disabilities.

coverage for military families.

under the Medicaid program.

related to deceased providers.

individuals do not remain enrolled.

screenings, referrals, and case management
services for eligible juveniles in public
institutions; State interim work plans.

labor, and delivery services.

hospital payment adjustments under the
Medicaid program.

TITLE II--MEDICARE

for certain low-volume hospitals.

(MDH) program.

alternative payment models.

schedule to account for exceptional
circumstances.

and selection.

programs.

face encounter prior to recertification of
eligibility for hospice care.

under Medicare.

with limited English proficiency.

MDPP Expanded Model.

drugs as covered part D drugs.

low-income individuals.

(REAL) Health
Providers Act.

tests.

administrable home infusion drugs.

beneficiaries.

for each off-campus outpatient department
of a provider.

TITLE III--OTHER MATTERS

centers.
TITLE IV--PUBLIC HEALTH EXTENDERS

Subtitle A--Extensions

Service Corps, and teaching health centers
that operate GME programs.

Subtitle B--World Trade Center Health Program

TITLE V--SUPPORT ACT REAUTHORIZATION

Subtitle A--Prevention

illicit drug use and other risk factors.

alcohol spectrum disorder.

incidents.

disorders.
Subtitle B--Treatment

women.

workforce.

substance use disorder patient records.

identification, referral, and support.

illness and children with serious emotional
disturbance.

combination of buprenorphine and naloxone.
Subtitle C--Recovery

crisis.
Subtitle D--Miscellaneous Matters

prescribing practitioner.

TITLE VI--PANDEMIC AND ALL-HAZARDS PREPAREDNESS AND RESPONSE

Subtitle A--State and Local Readiness and Response

public health emergency.

and Prevention to combat public health
security threats.

detection.

program.
Subtitle B--Federal Planning and Coordination

potential.

certain research.
Subtitle C--Addressing the Needs of All Individuals

Subtitle D--Additional Reauthorizations

countermeasures.

systems.

professionals.

countermeasure development.

TITLE VII--PUBLIC HEALTH PROGRAMS

TITLE VIII--FOOD AND DRUG ADMINISTRATION

Subtitle A--Give Kids a Chance

of Food and Drug Administration regarding
molecularly targeted cancer drugs.

encourage treatments for rare pediatric
diseases.

drugs.
Subtitle B--United States-Abraham Accords Cooperation and Security

Administration.
TITLE IX--LOWERING PRESCRIPTION DRUG COSTS

fiduciaries.

TITLE X--MISCELLANEOUS

for telehealth.

DIVISION A--RECYCLING, WATER, AND ENVIRONMENT RELATED PROVISIONS

(a) Short Title.--This section may be cited as the ``Recycling and
Composting Accountability Act''.

(b)

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--
(i) during which recyclable materials are
processed into specification-grade commodities
and consumed as raw-material feedstock, in lieu
of virgin materials, in the manufacturing of
new products;
(ii) that may, with regard to recyclable
materials and prior to the activities described
in clause
(i) , include sorting, collection,
processing, and brokering; and
(iii) that result, subsequent to processing
described in clause
(i) , in consumption by a
materials manufacturer, including for the
manufacturing of new products.
(G) State.--The term ``State'' has the meaning
given the term in

Disposal Act (42 U.S.C. 6903).

(2) Definition of processing.--In subparagraphs
(E) and
(F) of paragraph

(1) , the term ``processing'' means any mechanical,
manual, or other method that--
(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.
(c) Reports on Composting and Recycling Infrastructure
Capabilities.--

(1) In general.--Subtitle D of the Solid Waste Disposal Act
(42 U.S.C. 6941 et seq.) is amended by adding at the end the
following:

``

CAPABILITIES.

``

(a)

Determination and Education Assistance Act (25 U.S.C. 5304).
``

(4) Materials recovery facility.--
``
(A) In general.--The term `materials recovery
facility' means a dedicated facility where primarily
residential recyclable materials, which are diverted
from disposal by the 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.
``
(C) Definition of processing.--For purposes of
this paragraph, the term `processing' has the meaning
given the term in subsection

(b)

(2) of the Recycling
and Composting Accountability Act.
``

(b) Report.--
``

(1) In general.--The Administrator shall request
information and data from, collaborate with, or contract with,
as necessary and appropriate, States, units of local
government, and Indian Tribes, for the provision, preparation,
and publication of a report, or to expand work under the
National Recycling Strategy to include information and data, on
compostable materials and efforts to reduce contamination rates
for recycling, including--
``
(A) an evaluation of existing Federal, State, and
local laws that may present barriers to implementation
of composting strategies;
``
(B) a description and evaluation of composting
infrastructure and programs within States, units of
local government, and Indian Tribes;
``
(C) an estimate of the costs and approximate land
needed to expand composting programs; and
``
(D) a review of the practices of manufacturers
and companies that are moving to using compostable
packaging and food service ware for the purpose of
making the composting process the end-of-life use of
those products.
``

(2) Submission.--Not later than 2 years after the date of
enactment of this section, the Administrator shall submit to
Congress the report prepared under paragraph

(1) .
``
(c) Inventory of Materials Recovery Facilities.--Not later than 3
years after the date of enactment of this section, and every 4 years
thereafter, the Administrator, in consultation with relevant Federal
agencies and States, units of local government, and Indian Tribes,
shall--
``

(1) prepare an inventory or estimate of materials
recovery facilities in the United States, including--
``
(A) the number of materials recovery facilities
in each State; and
``
(B) a general description of the materials that
each of those materials recovery facilities can
process, including--
``
(i) in the case of plastic, a description
of--
``
(I) the types of accepted resin,
if applicable; and
``
(II) the packaging or product
format, such as a jug, a carton, or
film;
``
(ii) food packaging and service ware,
such as a bottle, cutlery, or a cup;
``
(iii) paper;
``
(iv) aluminum, such as an aluminum
beverage can, food can, aerosol can, or foil;
``
(v) steel, such as a steel food or
aerosol can;
``
(vi) other scrap metal;
``
(vii) glass; or
``
(viii) any other material not described
in any of clauses
(i) through
(vii) that a
materials recovery facility processes; and
``

(2) submit to Congress the inventory or estimate prepared
under paragraph

(1) .
``
(d) Information on Recycling and Composting Systems.--The
Administrator shall, as necessary and appropriate, collaborate or
contract with States, units of local government, and Indian Tribes to
estimate, with respect to the United States--
``

(1) the number and types of recycling and composting
programs;
``

(2) the types and forms of materials accepted by
recycling or composting programs;
``

(3) the number of individuals--
``
(A) with access to recycling and composting
services to at least the extent of access to disposal
services; and
``
(B) who use, on a percentage basis, the recycling
and composting services described in subparagraph
(A) ;
``

(4) the number of individuals with barriers to accessing
recycling and composting services similar to their access to
disposal services and the types of those barriers experienced;
``

(5) the inbound contamination and capture rates of
recycling and composting programs;
``

(6) if applicable, other available recycling or
composting programs; and
``

(7) the average costs and benefits to States, units of
local government, and Indian Tribes of recycling and composting
programs.
``

(e) Recycling Reporting Rates.--
``

(1) Collection of data; development of rates.--The
Administrator may use amounts made available under subsection

(f) of the Recycling and Composting Accountability Act--
``
(A) to biannually collect, in collaboration with
States, to the extent practicable, information supplied
on a voluntary basis to develop the estimated rates
described in subparagraphs
(B) and
(C) ;
``
(B) to develop a standardized estimated rate of
recyclable materials in States that provide information
under subparagraph
(A) that have been successfully
diverted from the waste stream and brought to a
materials recovery facility or composting facility; and
``
(C) to develop an estimated national recycling
rate based on the information described in
subparagraphs
(A) and
(B) .
``

(2) Use.--Using amounts made available under subsection

(f) of the Recycling and Composting Accountability Act, the
Administrator may use the information collected and rates
developed under paragraph

(1) to provide requesting States,
units of local government, and Indian Tribes data and technical
assistance--
``
(A) to reduce the overall waste produced by the
States, units of local government, and Indian Tribes;
``
(B) to assist the States, units of local
government, and Indian Tribes in understanding the
nuances of the information collected relating to
diversion activities; and
``
(C) to increase recycling and composting rates of
the States, units of local government, and Indian
Tribes.
``

(f) Report on End Markets.--The Administrator, in collaboration
or contract with, as necessary and appropriate, relevant Federal
agencies, States, units of local government, or Indian Tribes, shall--
``

(1) provide an update to the report submitted under

134 Stat. 1096) to include an addendum on the end-market sale
of all recyclable materials from materials recovery facilities
that process recyclable materials, including, to the extent
practicable--
``
(A) the total, in dollars per ton, domestic sales
of bales of recyclable materials; and
``
(B) the total, in dollars per ton, international
sales of bales of recyclable materials;
``

(2) prepare a report on the end-market sale of compost
from, to the extent practicable, compostable materials,
including the total, in dollars per ton, of domestic sales of
compostable materials; and
``

(3) not later than 3 years after the date of enactment of
this section, submit to Congress the update to the report
prepared under paragraph

(1) and the report prepared under
paragraph

(2) .
``

(g) Privileged or Confidential Information.--
``

(1) In general.--Information collected under subsection

(e)

(1) or paragraph

(1) or

(2) of subsection

(f) shall not
include any privileged or confidential information described in

(b)

(4) of title 5, United States Code.
``

(2) Nondisclosure.--Information collected to carry out
this section shall not be made public if the information meets
the requirements of

(b) of title 5, United States
Code.''.

(2) Clerical amendment.--The table of contents in

Stat. 2795; 98 Stat. 3268) is amended by inserting after the
item relating to

``

capabilities.''.
(d) Federal Agency Activities Related to Recycling.--Not later than
2 years after the date of enactment of this Act, and every 2 years
thereafter until 2033, the Comptroller General of the United States
shall make publicly available a report--

(1) detailing or, to the extent practicable, providing an
estimate of--
(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--
(i) the total quantity of procured products
containing recyclable material or recovered
materials listed in the comprehensive
procurement guidelines published under

(e) of the Solid Waste Disposal Act (42
U.S.C. 6962

(e) ); and
(ii) the total quantity of compostable
material purchased by all Federal agencies;

(2) identifying the activities of each Federal agency that
promote recycling or composting; and

(3) identifying activities that Federal agencies could
carry out to further promote recycling or composting.

(e) Study on the Diversion of Recyclable Materials From a Circular
Market.--

(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop a metric
for determining the proportion of recyclable materials in
commercial and municipal waste streams that are being diverted
from a circular market.

(2) Study; report.--Not later than 1 year after the
development of a metric under paragraph

(1) , the Administrator
shall conduct a study of, and submit to Congress a report on,
the proportion of recyclable materials in commercial and
municipal waste streams that, during each of the 10 calendar
years preceding the year of submission of the report, were
diverted from a circular market.

(3) Data.--The report under paragraph

(2) shall provide
data on specific recyclable materials, including aluminum,
plastics, paper and paperboard, textiles, and glass, that were
prevented from remaining in a circular market through disposal
or elimination, and to what use those specific recyclable
materials were lost.

(4) Evaluation.--The report under paragraph

(2) shall
include an evaluation of whether the establishment or
improvement of recycling programs would--
(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.

(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section and the
amendments made by this section $4,000,000 for each of fiscal years
2025 through 2029.

(g) Administration.--

(1) Unfunded mandates.--The Administrator or the Secretary
of Commerce may not exercise any authority under this section
or any amendment made by this section if exercising that
authority would require a State, a unit of local government, or
an Indian Tribe to carry out a mandate for which funding is not
available.

(2) Nondisclosure.--Any information collected to carry out
this section shall not be made public if the information meets
the requirements of

(b) of title 5, United States
Code.

(a)

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.

(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in

Determination and Education Assistance Act (25 U.S.C. 5304).

(5) Materials recovery facility.--
(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.

(6) Pilot grant program.--The term ``pilot grant program''
means the Recycling Infrastructure and Accessibility Program
established under subsection

(b) .

(7) Recyclable material.--The term ``recyclable material''
means obsolete, previously used, off-specification, surplus, or
incidentally produced material for processing into a
specification-grade commodity for which a market exists.

(8) Transfer station.--The term ``transfer station'' means
a facility that--
(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.

(9) Underserved community.--The term ``underserved
community'' means a community, including an unincorporated
area, without access to full recycling services because--
(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.

(b) Establishment.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall establish a pilot grant
program, to be known as the ``Recycling Infrastructure and
Accessibility Program'', to award grants, on a competitive basis, to
eligible entities to improve recycling accessibility in a community or
communities within the same geographic area.
(c) Goal.--The goal of the pilot grant program is to fund eligible
projects that will significantly improve accessibility to recycling
systems through investments in infrastructure in underserved
communities through the use of a hub-and-spoke model for recycling
infrastructure development.
(d) Applications.--To be eligible to receive a grant under the
pilot grant program, an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require.

(e) Considerations.--In selecting eligible entities to receive a
grant under the pilot grant program, the Administrator shall consider--

(1) whether the community or communities in which the
eligible entity is seeking to carry out a proposed project has
curbside recycling;

(2) whether the proposed project of the eligible entity
will improve accessibility to recycling services in a single
underserved community or multiple underserved communities; and

(3) if the eligible entity is a public-private partnership,
the financial health of the private entity seeking to enter
into that public-private partnership.

(f) Priority.--In selecting eligible entities to receive a grant
under the pilot grant program, the Administrator shall give priority to
eligible entities seeking to carry out a proposed project in a
community in which there is not more than 1 materials recovery facility
within a 75-mile radius of that community.

(g) Use of Funds.--An eligible entity awarded a grant under the
pilot grant program may use the grant funds for projects to improve
recycling accessibility in communities, including in underserved
communities, by--

(1) increasing the number of transfer stations;

(2) expanding curbside recycling collection programs where
appropriate; and

(3) leveraging public-private partnerships to reduce the
costs associated with collecting and transporting recyclable
materials in underserved communities.

(h) Prohibition on Use of Funds.--An eligible entity awarded a
grant under the pilot grant program may not use the grant funds for
projects relating to recycling education programs.
(i) Minimum and Maximum Grant Amount.--A grant awarded to an
eligible entity under the pilot grant program shall be in an amount--

(1) not less than $500,000; and

(2) not more than $15,000,000.

(j) Set-Aside.--The Administrator shall set aside not less than 70
percent of the amounts made available to carry out the pilot grant
program for each fiscal year to award grants to eligible entities to
carry out a proposed project or program in a single underserved
community or multiple underserved communities.

(k) Federal Share.--The Federal share of the cost of a project or
program carried out by an eligible entity using grant funds shall be
not more than 95 percent.
(l) Report.--Not later than 2 years after the date on which the
first grant is awarded under the pilot grant program, the Administrator
shall submit to Congress a report describing the implementation of the
pilot grant program, which shall include--

(1) a list of eligible entities that have received a grant
under the pilot grant program;

(2) the actions taken by each eligible entity that received
a grant under the pilot grant program to improve recycling
accessibility with grant funds; and

(3) to the extent information is available, a description
of how grant funds received under the pilot grant program
improved recycling rates in each community in which a project
or program was carried out under the pilot grant program.
(m) Authorization of Appropriations.--

(1) In general.--There is authorized to be appropriated to
the Administrator to carry out the pilot grant program
$30,000,000 for each of fiscal years 2025 through 2029, to
remain available until expended.

(2) Administrative costs and technical assistance.--Of the
amounts made available under paragraph

(1) , the Administrator
may use up to 5 percent--
(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.

(g) of the Safe Drinking Water Act (42 U.S.C. 300i-
2

(g) ) is amended--

(1) in paragraph

(1) , by striking ``2020 and 2021'' and
inserting ``2026 and 2027'';

(2) in paragraph

(4) , by striking ``$5,000,000'' and
inserting ``$10,000,000'';

(3) in paragraph

(5) , by striking ``$10,000,000'' and
inserting ``$20,000,000''; and

(4) in paragraph

(6) --
(A) by striking ``$25,000,000'' and inserting
``$50,000,000''; and
(B) by striking ``2020 and 2021'' and inserting
``2026 and 2027''.

(a) of the Energy Policy Act of 2005 (42 U.S.C.
16137

(a) ) is amended by striking ``2024'' and inserting ``2029''.

(a) Short Title.--This section may be cited as the ``Nationwide
Consumer and Fuel Retailer Choice Act''.

(b) Ethanol Waiver.--

(1) Existing waivers.--

(f)

(4) of the Clean Air
Act (42 U.S.C. 7545

(f)

(4) ) is amended--
(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)--
(i) in the first sentence--
(I) by striking ``of this
subsection'' each place it appears; and
(II) by striking ``if he
determines'' and inserting ``if the
Administrator determines''; and
(ii) in the second sentence, by striking
``The Administrator'' and inserting the
following:
``
(B) Final action.--The Administrator''; and
(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) .''.

(2) Reid vapor pressure limitation.--

(h) of the
Clean Air Act (42 U.S.C. 7545

(h) ) is amended--
(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) --
(i) by striking ``Upon notification,
accompanied by'' and inserting ``On receipt of
a notification that is submitted after the date
of enactment of the Nationwide Consumer and
Fuel Retailer Choice Act, and is accompanied by
appropriate'';
(ii) by striking ``10 percent'' and
inserting ``10 to 15 percent''; and
(iii) by adding at the end the following:
``Upon the enactment of the Nationwide Consumer
and Fuel Retailer Choice Act, any State for
which the notification from the Governor of a
State was submitted before the date of
enactment of the Nationwide Consumer and Fuel
Retailer Choice Act and to which the
Administrator applied the Reid Vapor Pressure
limitation established by paragraph

(1) shall
instead have the Reid Vapor Pressure limitation
established by paragraph

(4) apply to all fuel
blends containing gasoline and 10 to 15 percent
denatured anhydrous ethanol that are sold,
offered for sale, dispensed, supplied, offered
for supply, transported, or introduced into
commerce in the area during the high ozone
season.''.
(c) Generation of Credits by Small Refineries Under the Renewable
Fuel Program.--

(o)

(9) of the Clean Air Act (42 U.S.C.
7545

(o)

(9) ) is amended by adding at the end the following:
``
(E) Credits generated for 2016-2018 compliance
years.--
``
(i) Rule.--For any small refinery
described in clause
(ii) or
(iii) , the credits
described in the respective clause shall be--
``
(I) returned to the small
refinery and, notwithstanding paragraph

(5)
(C) , deemed eligible for future
compliance years; or
``
(II) applied as a credit in the
EPA Moderated Transaction System

(EMTS) account of the small refinery.
``
(ii) Compliance years 2016 and 2017.--
Clause
(i) applies with respect to any small
refinery that--
``
(I) retired credits generated for
compliance years 2016 or 2017; and
``
(II) submitted a petition under
subparagraph
(B)
(i) for that compliance
year that remained outstanding as of
December 1, 2022.
``
(iii) Compliance year 2018.--In addition
to small refineries described in clause
(ii) ,
clause
(i) applies with respect to any small
refinery--
``
(I) that submitted a petition
under subparagraph
(B)
(i) for
compliance year 2018 by September 1,
2019;
``
(II) that retired credits
generated for compliance year 2018 as
part of the compliance demonstration of
the small refinery for compliance year
2018 by March 31, 2019; and
``
(III) for which--
``

(aa) the petition
remained outstanding as of
December 1, 2022; or
``

(bb) the Administrator
denied the petition as of July
1, 2022, and has not returned
the retired credits as of
December 1, 2022.''.
(d) Addressing Renewable Fuel Market Manipulation and
Transparency.--Not later than 90 days after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency, in
collaboration with the Commodity Futures Trading Commission, shall--

(1) review all applicable Renewable Identification Number
(as described in

Regulations (or successor regulations)) data collected for the
EPA Moderated Transaction System (as defined in

title 40, Code of Federal Regulations (or successor
regulations)); and

(2) submit to Congress a report that identifies any
additional data that should be collected to reduce renewable
fuel market manipulation.

DIVISION B--COMMERCE

TITLE I--YOUTH POISONING PREVENTION

This title may be cited as the ``Youth Poisoning Protection Act''.

NITRITE.

(a) In General.--Any consumer product containing a high
concentration of sodium nitrite shall be considered to be a banned
hazardous product under

(15 U.S.C. 2057).

(b) Rule of Construction.--Nothing in this section shall be
construed to--

(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

(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

(j) of the
Federal Meat Inspection Act (21 U.S.C. 601

(j) )), and eggs and
egg products (as such terms are defined in

Products Inspection Act (21 U.S.C. 1033)).
(c) === Definitions. ===
-For purposes of this section:

(1) Consumer product.--The term consumer product has the
meaning given that term under

(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.
(d) Effective Date.--This section shall take effect 90 days after
the date of enactment of this Act.

TITLE II--CONSUMER PRODUCT SAFETY STANDARD FOR CERTAIN BATTERIES

(a) Consumer Product Safety Standard Required.--Not later than 180
days after the date of the enactment of this Act, the Consumer Product
Safety Commission (referred to in this section as the ``Commission'')
shall promulgate, under

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, and ANSI/CAN/UL 2272-Standard for
Electrical Systems for Personal E-Mobility Devices, as in effect on the
date of enactment of this Act, as final consumer product safety
standards.

(b) Consumer Product Safety Commission Determination of Scope.--In
adopting the standards under subsection

(a) , the Commission shall limit
the application of such standards to consumer products as defined in

(a)

(5) of the Consumer Product Safety Act (15 U.S.C.
2052

(a)

(5) ).
(c) Revision of Voluntary Standards.--

(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

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.
(d) Treatment of Standard.--A standard promulgated under this
section, including a revision of such standard adopted by the
Commission, shall be treated as a consumer product safety rule
promulgated under

U.S.C. 2058).

(e) Report to Congress.--

(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--
(A) the source of the information that was provided
to the Commission regarding the fire, explosion, or
other hazard;
(B) the make and model of the lithium-ion battery
and micromobility product that resulted in a fire,
explosion, or other hazard, if known;
(C) whether a lithium-ion battery involved in a
fire, explosion, or other hazard complied with the
standard required by this section, if known; and
(D) if known, the manufacturer and country of
manufacture of a lithium-ion battery that resulted in a
fire, explosion, or other hazard.

TITLE III--FOREIGN ADVERSARY COMMUNICATIONS TRANSPARENCY ACT

This title may be cited as the ``Foreign Adversary Communications
Transparency Act''.

OTHER GRANTS OF AUTHORITY AND HAVING CERTAIN FOREIGN
OWNERSHIP.

(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Commission shall publish on the internet
website of the Commission a list of each entity--

(1) that holds a license issued by the Commission pursuant
to--
(A) section 309

(j) of the Communications Act of
1934 (47 U.S.C. 309

(j) ); or
(B) the Act of May 27, 1921 (47 U.S.C. 34 et seq.;
commonly known as the ``Cable Landing Licensing Act'')
and Executive Order 10530 (3 U.S.C. 301 note; relating
to the performance of certain functions vested in or
subject to the approval of the President); and

(2) with respect to which--
(A) a covered entity holds an equity or voting
interest that is required to be reported to the
Commission under the ownership rules of the Commission;
or
(B) an appropriate national security agency has
determined that a covered entity exerts control,
regardless of whether such covered entity holds an
equity or voting interest as described in subparagraph
(A) .

(b) Rulemaking.--

(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--
(A) that holds any authorization, license, or other
grant of authority issued by the Commission (other than
a license described in subsection

(a)

(1) ); and
(B) with respect to which a covered entity holds an
equity or voting interest that is required to be
reported to the Commission under the ownership rules of
the Commission.

(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) .
(c) Paperwork Reduction Act Exemption.--A collection of information
conducted or sponsored by the Commission to implement this section does
not constitute a collection of information for the purposes of
subchapter I of chapter 35 of title 44, United States Code (commonly
referred to as the ``Paperwork Reduction Act'').
(d) Annual Updates.--The Commission shall, not less frequently than
annually, update the list published under subsection

(a) , including
with respect to any entity required to be placed on such list by
subsection

(b)

(2) .

(e)

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

(f)

(2) of title 10, United
States Code.

(4) Covered entity.--The term ``covered entity'' means--
(A) the government of a covered country;
(B) an entity organized under the laws of a covered
country; and
(C) a subsidiary of an entity described in
subparagraph
(B) , regardless of whether the subsidiary
is organized under the laws of a covered country.

TITLE IV--PROMOTING RESILIENT SUPPLY CHAINS

This title may be cited as the ``Promoting Resilient Supply Chains
Act''.

COMMERCE FOR INDUSTRY AND ANALYSIS.

In addition to the responsibilities of the Assistant Secretary on
the day before the date of the enactment of this Act, the Assistant
Secretary shall have the following responsibilities:

(1) Promote the stability and resilience of critical supply
chains and critical and emerging technologies that strengthen
the national security of the United States.

(2) Lead the Working Group established pursuant to

industry, institutions of higher education, and State and local
governments in order to--
(A) promote resilient critical supply chains; and
(B) identify, prepare for, and respond to supply
chain shocks to--
(i) critical industries;
(ii) critical supply chains; and
(iii) critical and emerging technologies.

(3) Encourage the growth and competitiveness of United
States production and manufacturing in the United States of
emerging technologies.

(4) Assess the resilience, diversity, and strength of
critical supply chains and critical and emerging technologies.

(5) In consultation with the Secretary of State and the
United States Trade Representative, support the availability of
critical goods from domestic manufacturers, domestic
enterprises, and manufacturing operations in countries that are
allies or key international partner nations.

(6) Assist the Federal Government in preparing for and
responding to supply chain shocks to critical supply chains,
including by improving flexible manufacturing capacities and
capabilities in the United States.

(7) Consistent with United States obligations under
international agreements, encourage and incentivize the reduced
reliance of domestic enterprises and domestic manufacturers on
critical goods from countries that are described in

(2)
(B) .

(8) Encourage the relocation of manufacturing facilities
that manufacture critical goods from countries that are
described in

(2)
(B) to the United States and
countries that are allies or key international partner nations
to strengthen the resilience, diversity, and strength of
critical supply chains.

(a) Establishment.--Not later than 120 days after the date of the
enactment of this Act, the Assistant Secretary shall establish a
working group to be known as the ``Supply Chain Resilience Working
Group'' (in this title referred to as the ``Working Group'') composed
of the Federal agencies that rely upon the Industry and Analysis
Business unit analysis, including agencies enumerated in subsection
(c) .

(b) Activities.--Not later than 1 year after the date of the
enactment of this Act, the Assistant Secretary shall carry out the
following activities:

(1) In consultation with the Working Group--
(A) assessing, mapping, and modeling critical
supply chains, including for critical and emerging
technologies, which may include--
(i) modeling the impact of supply chain
shocks on critical industries (including for
critical and emerging technologies), and
critical supply chains;
(ii) assessing the demand for and supply of
critical goods, production equipment, and
manufacturing technology needed for critical
supply chains, including critical goods,
production equipment, and manufacturing
technology obtained by or purchased from a
person outside of the United States or imported
into the United States; and
(iii) assessing manufacturing, warehousing,
transportation, and distribution related to
critical supply chains;
(B) identifying high priority gaps and
vulnerabilities in critical supply chains and critical
industries (including critical industries for critical
and emerging technologies) that--
(i) exist as of the date of the enactment
of this Act; or
(ii) are anticipated to occur after the
date of the enactment of this Act;
(C) identifying potential supply chain shocks to a
critical supply chain that may disrupt, strain, or
eliminate the critical supply chain;
(D) evaluating the capability and capacity of
domestic manufacturers or manufacturers located in
countries that are allies or key international partner
nations to serve as sources for critical goods,
production equipment, or manufacturing technology
needed in critical supply chains;
(E) evaluating the effect on market stability that
may result from the disruption, strain, or elimination
of a critical supply chain;
(F) evaluating the state of the manufacturing
workforce, including by--
(i) identifying the needs of domestic
manufacturers; and
(ii) identifying opportunities to create
high-quality manufacturing jobs; and
(G) identifying and describing 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 the requirements
described in subparagraphs
(A) through
(F) .

(2) In consultation with State and local governments, the
Working Group, and (as appropriate) countries that are allies
or key international partner nations--
(A) identifying opportunities to reduce gaps and
vulnerabilities in critical supply chains and critical
industries;
(B) encouraging consultation between the Federal
Government, industry, covered nongovernmental
representatives, institutions of higher education, and
State and local governments to--
(i) better respond to supply chain shocks
to critical supply chains and critical
industries (including critical industries for
emerging technologies); and
(ii) coordinate response efforts to supply
chain shocks;
(C) encouraging consultation between the Federal
Government and the governments of countries that are
allies or key international partner nations;
(D) identifying opportunities to build the capacity
of the United States in critical supply chains,
critical industries, and emerging technologies;
(E) identifying opportunities to build the capacity
of countries that are allies or key international
partner nations in critical industries (including
critical industries for emerging technologies) and
critical supply chains; and
(F) developing and assessing contingency plans and
coordination mechanisms to improve the response of
critical supply chains and critical industries to
supply chain shocks.
(c) Working Group Membership.--The Working Group shall include a
representative from each Federal agency that relies on the analysis of
the Industry and Analysis business unit, including--

(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.
(d) Designations.--The Assistant Secretary shall--

(1) not later than 120 days after the date of the enactment
of this Act, designate--
(A) critical industries;
(B) critical supply chains; and
(C) critical goods;

(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

(12)
(B) that the Assistant Secretary considers necessary.

(e) Implementation Report.--Not later than 1 year after the date of
the enactment of this Act, the Assistant Secretary shall submit to the
relevant committees of Congress a report that--

(1) details supply chain activities, including applicable
activities described in subsection

(b) and responsibilities
described in

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) .

(f) National Strategy and Review on Critical Supply Chain
Resiliency and Manufacturing in the United States.--

(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--
(A) identifies--
(i) critical infrastructure that may assist
in fulfilling the responsibilities described in

(ii) critical and emerging technologies
that may assist in fulfilling the
responsibilities described in

including such technologies that may be
critical to addressing preparedness,
weaknesses, and vulnerabilities relating to
critical supply chains;
(iii) critical industries, critical supply
chains, and critical goods designated pursuant
to subsection
(d) ;
(iv) other supplies and services that are
critical to the crisis preparedness of the
United States;
(v) substitutes for critical goods,
production equipment, and manufacturing
technology;
(vi) methods and technologies, including
blockchain technology, distributed ledger
technology, and other critical and emerging
technologies, as appropriate, for the
authentication and traceability of critical
goods; and
(vii) countries that are allies or key
international partner nations;
(B) describes the matters identified and evaluated
under subsection

(b)

(1) , including--
(i) the manufacturing base, critical supply
chains, and emerging technologies in the United
States, including the manufacturing base and
critical supply chains for--
(I) critical goods;
(II) production equipment; and
(III) manufacturing technology; and
(ii) the ability of the United States to--
(I) maintain readiness with respect
to preparing for and responding to
supply chain shocks; and
(II) in response to a supply chain
shock--

(aa) surge production in
critical industries;

(bb) surge production of
critical goods and production
equipment; and
(cc) maintain access to
critical goods, production
equipment, and manufacturing
technology;
(C) assesses and describes--
(i) the demand and supply of critical
goods, production equipment, and manufacturing
technology;
(ii) the production of critical goods,
production equipment, and manufacturing
technology by domestic manufacturers;
(iii) the capability and capacity of
domestic manufacturers and manufacturers in
countries that are allies or key international
partner nations to manufacture critical goods,
production equipment, and manufacturing
technology; and
(iv) how supply chain shocks could affect
rural, Tribal, and underserved communities;
(D) identifies threats and supply chain shocks that
may disrupt, strain, or eliminate critical supply
chains, critical goods, and critical industries
(including critical industries for emerging
technologies);
(E) with regard to any threat identified under
subparagraph
(D) , lists any threat or supply chain
shock that may originate from a country, or a company
or individual from a country, that is described in

(2)
(B) ;
(F) assesses--
(i) the resilience and capacity of the
manufacturing base, critical supply chains, and
workforce of the United States and countries
that are allies or key international partner
nations that can sustain critical industries
(including critical industries for emerging
technologies) through a supply chain shock; and
(ii) the effect innovation has on domestic
manufacturers;
(G) assesses the flexible manufacturing capacity
and capability available in the United States in the
case of a supply chain shock; and
(H) develops a strategy for the Department of
Commerce to support the resilience, diversity, and
strength of critical supply chains and critical and
emerging technologies to--
(i) support sufficient access to critical
goods by mitigating vulnerabilities in critical
supply chains, including critical supply chains
concentrated in countries that are described in

(2)
(B) ;
(ii) consult with other relevant agencies
to assist countries that are allies or key
international partner nations in building
capacity for manufacturing critical goods;
(iii) recover from supply chain shocks;
(iv) identify, in consultation with the
Working Group and other relevant agencies,
actions relating to critical supply chains or
emerging technologies that the United States
may take to improve responses to supply chain
shocks;
(v) protect against supply chain shocks
relating to critical supply chains from
countries that are described in

(2)
(B) ; and
(vi) make specific recommendations to
implement the strategy under this section and
improve the security and resiliency of
manufacturing capacity and supply chains for
critical industries (including critical
industries for emerging technologies) by--
(I) developing long-term
strategies;
(II) increasing visibility into the
networks and capabilities of domestic
manufacturers and suppliers of domestic
manufacturers;
(III) identifying and mitigating
risks, including--

(aa) significant
vulnerabilities to supply chain
shocks; and

(bb) exposure to gaps and
vulnerabilities in domestic
capacity or capabilities and
sources of imports needed to
sustain critical industries
(including critical industries
for emerging technologies) or
critical supply chains;
(IV) identifying opportunities to
reuse and recycle critical goods,
including raw materials, to increase
resilient critical supply chains;
(V) consulting with countries that
are allies or key international partner
nations on--

(aa) sourcing critical
goods, production equipment,
and manufacturing technology;
and

(bb) developing,
sustaining, and expanding
production and availability of
critical goods, production
equipment, and manufacturing
technology during a supply
chain shock; and
(VI) providing guidance to other
relevant agencies with respect to
critical goods, supply chains, and
critical industries (including critical
industries for emerging technologies)
that should be prioritized to support
United States leadership in the
deployment of such technologies.

(2) Prohibition.--The report submitted pursuant to
paragraph

(1) may not include--
(A) critical supply chain information that is not
aggregated;
(B) confidential business information of a private
sector entity; or
(C) classified information.

(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) .

(g) Consultation.--Not later than 1 year after the date of the
enactment of this Act, the Assistant Secretary shall enter into an
agreement with the head of any relevant agency to obtain any
information, data, or assistance that the Assistant Secretary
determines necessary to conduct the activities described in subsection

(b) .

(h) Rule of Construction.--Nothing in this section may be construed
to require any private entity--

(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.
(i) Protection of Voluntarily Shared Critical Supply Chain
Information.--

(1) Protection.--
(A) In general.--Notwithstanding any other
provision of law, critical supply chain information
(including the identity of the submitting person or
entity) that is voluntarily submitted under this
section to the Department of Commerce for use by the
Department for purposes of this section, when
accompanied by an express statement described in
subparagraph
(B) --
(i) shall be exempt from disclosure under

(b)

(3) of title 5, United States
Code (commonly referred to as the ``Freedom of
Information Act'');
(ii) is not subject to any agency rules or
judicial doctrine regarding ex parte
communications with a decision-making official;
(iii) may not, without the written consent
of the person or entity submitting such
information, be used directly by the Department
of Commerce, any other Federal, State, or local
authority, or any third party, in any civil
action arising under Federal or State law if
such information is submitted in good faith;
(iv) may not, without the written consent
of the person or entity submitting such
information, be used or disclosed by any
officer or employee of the United States for
purposes other than the purposes of this
section, except--
(I) in furtherance of an
investigation or the prosecution of a
criminal act; or
(II) when disclosure of the
information would be--

(aa) to either House of
Congress, or to the extent of
matter within its jurisdiction,
any committee or subcommittee
thereof, any joint committee
thereof, or any subcommittee of
any such joint committee; or

(bb) to the Comptroller
General of the United States,
or any authorized
representative of the
Comptroller General, in the
course of the performance of
the duties of the Government
Accountability Office;
(v) may not, if provided to a State or
local government or government agency--
(I) be made available pursuant to
any State or local law requiring
disclosure of information or records;
(II) otherwise be disclosed or
distributed to any party by such State
or local government or government
agency without the written consent of
the person or entity submitting such
information; or
(III) be used other than for the
purpose of carrying out this section,
or in furtherance of an investigation
or the prosecution of a criminal act;
and
(vi) does not constitute a waiver of any
applicable privilege or protection provided
under law, such as trade secret protection.
(B) Express statement.--The express statement
described in this subparagraph, with respect to
information or records, is--
(i) in the case of written information or
records, a written marking on the information
or records substantially similar to the
following: ``This information is voluntarily
submitted to the Federal Government in
expectation of protection from disclosure as
provided by the provisions of the Promoting
Resilient Supply Chains Act.''; or
(ii) in the case of oral information, a
written statement similar to the statement
described in clause
(i) submitted within a
reasonable period following the oral
communication.

(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

(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

(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283).

(a) Report Required.--The Secretary shall produce a report--

(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) improving the effectiveness, efficiency, and
impact of the offices and bureaus identified under
paragraph

(1) ;
(B) coordinating across offices and bureaus
identified under paragraph

(1) ; and
(C) consulting with agencies implementing similar
activities related to critical supply chain resilience
and manufacturing innovation.

(b) Submission of Report.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall submit to the relevant
committees of Congress the report required by subsection

(a) , along
with a strategy to implement, as appropriate and as determined by the
Secretary, the recommendations contained in the report.

No additional funds are authorized to be appropriated to carry out
this title.

This title and all requirements, responsibilities, and obligations
under this title shall terminate on the date that is 10 years after the
date of the enactment of this Act.

In this title:

(1) Agency.--The term ``agency'' has the meaning given that
term in

(2) Ally or key international partner nation.--The term
``ally or key international partner nation''--
(A) means a country that is critical to addressing
critical supply chain weaknesses and vulnerabilities;
and
(B) does not include--
(i) a country that poses a significant risk
to the national security or economic security
of the United States; or
(ii) a country that is described in

(b) of the RANSOMWARE Act (title V of
division BB of the Consolidated Appropriations
Act, 2023; Public Law 117-328; 136 Stat. 5564).

(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce assigned by the
Secretary to direct the office of Industry and Analysis.

(4) Covered nongovernmental representative.--The term
``covered nongovernmental representative'' means a
representative as specified in the second sentence of

(b)

(1) of the Trade Act of 1974 (19 U.S.C. 2155

(b)

(1) ),
except that such term does not include a representative of a
non-Federal government.

(5) Critical good.--The term ``critical good'' means any
raw, in process, or manufactured material (including any
mineral, metal, or advanced processed material), article,
commodity, supply, product, or item for which an absence of
supply would have a debilitating impact on--
(A) the national security or economic security of
the United States; and
(B) either--
(i) critical infrastructure; or
(ii) an emerging technology.

(6) Critical industry.--The term ``critical industry''
means an industry that--
(A) is critical for the national security or
economic security of the United States; and
(B) produces or procures a critical good.

(7) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in

U.S.C. 5195c).

(8) Critical supply chain.--The term ``critical supply
chain'' means a supply chain for a critical good.

(9) Critical supply chain information.--The term ``critical
supply chain information'' means information that is not
customarily in the public domain and relates to--
(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.

(10) Domestic enterprise.--The term ``domestic enterprise''
means an enterprise that conducts business in the United States
and procures a critical good.

(11) Domestic manufacturer.--The term ``domestic
manufacturer'' means a business that conducts in the United
States the research and development, engineering, or production
activities necessary for manufacturing a critical good.

(12) Emerging technology.--The term ``emerging technology''
means a technology that is critical for the national security
or economic security of the United States, including the
following:
(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:
(i) Artificial intelligence.
(ii) Automated vehicles and unmanned
delivery systems.
(iii) Blockchain and other distributed
ledger, data storage, data management, and
cybersecurity technologies.
(iv) Quantum computing and quantum sensing.
(v) Additive manufacturing.
(vi) Advanced manufacturing and the
Internet of Things.
(vii) Nano technology.
(viii) Robotics.
(ix) Microelectronics, optical fiber ray,
and high performance and advanced computer
hardware and software.
(x) Semiconductors.
(xi) Advanced materials science, including
composition 2D, other next generation
materials, and related manufacturing
technologies.

(13) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in

U.S.C. 1001).

(14) Manufacture.--The term ``manufacture''--
(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.

(15) Manufacturing technology.--The term ``manufacturing
technology'' means a technology that is necessary for the
manufacturing of a critical good.

(16) Production equipment.--The term ``production
equipment'' means any component, subsystem, system, equipment,
tooling, accessory, part, or assembly necessary for the
manufacturing of a critical good.

(17) Relevant committees of congress.--The term ``relevant
committees of Congress'' means the following:
(A) The Committee on Commerce, Science, and
Transportation of the Senate.
(B) The Committee on Energy and Commerce of the
House of Representatives.

(18) Resilient critical supply chain.--The term ``resilient
critical supply chain'' means a critical supply chain that--
(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--
(i) effective private sector risk
management and mitigation planning to sustain
critical supply chains and supplier networks
during a supply chain shock; and
(ii) minimized or managed exposure to a
supply chain shock.

(19) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.

(20) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian Tribe.

(21) Supply chain shock.--The term ``supply chain shock''--
(A) means an event causing severe or serious
disruption to normal operations or capacity in a supply
chain; and
(B) includes--
(i) a natural disaster;
(ii) a pandemic;
(iii) a biological threat;
(iv) a cyber attack;
(v) a geopolitical conflict;
(vi) a terrorist or geopolitical attack;
(vii) a trade disruption caused by--
(I) a country described in
paragraph

(2)
(B) ; or
(II) an entity or an individual
subject to the jurisdiction of such a
country; and
(viii) an event for which the President
declares a major disaster or an emergency under

T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170; 42 U.S.C.
5191).

TITLE V--DEPLOYING AMERICAN BLOCKCHAINS

This title may be cited as the ``Deploying American Blockchains
Act''.

In this title:

(1) Advisory committee.--The term ``Advisory Committee''
means the National Blockchain Deployment Advisory Committee
established pursuant to

(c) .

(2) Blockchain technology or other distributed ledger
technology.--The term ``blockchain technology or other
distributed ledger technology'' means a distributed digital
database where data is--
(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.

(3) Covered nongovernmental representative.--The term
``covered nongovernmental representative'' means a
representative as specified in the second sentence of

(b)

(1) of the Trade Act of 1974 (19 U.S.C. 2155

(b)

(1) ),
except that such term does not include a representative of a
non-Federal government.

(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.

(5) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian Tribe.

(6) Token.--The term ``token'' means a transferable,
digital representation of information recorded on blockchain
technology or other distributed ledger technology.

(7) Tokenization.--The term ``tokenization'' means the
process of creating a token.

(a) Function of Secretary.--The Secretary shall serve as a
principal advisor to the President for policy pertaining 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.

(b) Activities.--The Secretary shall support 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 by organizing
the Advisory Committee--

(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--
(A) how Federal agencies can benefit from utilizing
blockchain technology or other distributed ledger
technology, applications built on blockchain technology
or other distributed ledger technology, tokens, and
tokenization;
(B) the current use by Federal agencies of
blockchain technology or other distributed ledger
technology, applications built on blockchain technology
or other distributed ledger technology, tokens, and
tokenization;
(C) the current and future preparedness and ability
of Federal agencies to adopt blockchain technology or
other distributed ledger technology, applications built
on blockchain technology or other distributed ledger
technology, tokens, and tokenization; and
(D) additional security measures Federal agencies
may need to take--
(i) to securely use blockchain technology
or other distributed ledger technology,
applications built on blockchain technology or
other distributed ledger technology, tokens,
and tokenization, including to support the
security of critical infrastructure; and
(ii) to enhance the resiliency of Federal
systems against cyber threats to blockchain
technology or other distributed ledger
technology, applications built on blockchain
technology or other distributed ledger
technology, tokens, and tokenization; and

(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.
(c) Establishment of National Blockchain Deployment Advisory
Committee.--

(1) Establishment.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall,
in consultation with the heads of relevant Federal
agencies, establish an advisory committee to support
the adoption of blockchain technology or other
distributed ledger technology, applications built on
blockchain technology or other distributed ledger
technology, tokens, and tokenization.
(B) Designation.--The advisory committee
established pursuant to subparagraph
(A) shall be known
as the ``National Blockchain Deployment Advisory
Committee''.

(2) Membership composition.--The Advisory Committee shall
consist of members appointed by the Secretary, which shall
include--
(A) the Secretary;
(B) representatives of Federal agencies (as
determined necessary by the Secretary); and
(C) covered nongovernmental representatives with
expertise related to blockchain technology or other
distributed ledger technology (as determined necessary
by the Secretary), which may include--
(i) blockchain technology or other
distributed ledger technology infrastructure
operators, suppliers, service providers, and
vendors;
(ii) application developers building on
blockchain technology or other distributed
ledger technology;
(iii) developers and organizations
supporting the advancement and deployment of
public blockchain technology or other
distributed ledger technology;
(iv) subject matter experts representing
industrial sectors that can benefit from
blockchain technology or other distributed
ledger technology;
(v) small, medium, and large businesses;
(vi) think tanks and academia;
(vii) nonprofit organizations and consumer
groups;
(viii) cybersecurity experts;
(ix) rural stakeholders;
(x) covered nongovernmental
representatives; and
(xi) artists and the content creator
community.

(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.
(d) Best Practices.--The Secretary shall, on an ongoing basis,
facilitate and support the development of a compendium of identified or
recommended guidelines or best practices for the deployment of
blockchain technology or other distributed ledger technology,
applications built on blockchain technology or other distributed ledger
technology, tokens, and tokenization that--

(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.

(e) Additional Requirements.--In carrying out this section, the
Secretary shall--

(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.

(f) Rules of Construction.--Nothing in this section may be
construed--

(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) .

(g) Consultation.--In implementing this section, the Secretary may,
as appropriate, consult with the heads of relevant Federal agencies.

(a) Interim Reports.--Not later than 2 years after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
make public on the website of the Department of Commerce and submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report that includes--

(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.

(b) Final Report.--Not later than 18 months before the termination
of the Advisory Committee pursuant to

(c) (3) , the Secretary
shall make available to the public on the website of the Department of
Commerce and submit to the President, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on Energy
and Commerce of the House of Representatives a final report containing
the findings, conclusions, and recommendations of the Advisory
Committee.

TITLE VI--FUTURE NETWORKS ACT

This title may be cited as the ``Future Uses of Technology
Upholding Reliable and Enhanced Networks Act'' or the ``FUTURE Networks
Act''.

(a) Establishment.--Not later than 120 days after the date of the
enactment of this Act, the Commission shall establish a task force to
be known as the ``6G Task Force''.

(b) Membership.--

(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:
(A) Representatives of companies in the
communications industry, except companies that are
determined by the Chair to be not trusted.
(B) Representatives of public interest
organizations or academic institutions, except public
interest organizations or academic institutions that
are determined by the Chair to be not trusted.
(C) Representatives of the Federal Government,
State governments, local governments, or Tribal
Governments, with at least one member representing each
such type of government.
(c) Report.--

(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--
(A) the status of industry-led standards-setting
bodies in setting standards for such technology;
(B) possible uses of such technology identified by
industry-led standards-setting bodies that are setting
standards for such technology;
(C) any limitations of such technology (including
any supply chain or cybersecurity limitations)
identified by industry-led standards-setting bodies
that are setting standards for such technology;
(D) workforce needs to build, maintain, and utilize
6G and advanced wireless communications technologies
and networks, and strategies to conduct the necessary
workforce training;
(E) possible uses of emerging technologies and Open
RAN networks to bolster 6G and advanced wireless
networks; and
(F) how to best work with entities across the
Federal Government, State governments, local
governments, and Tribal Governments to leverage such
technology, including with regard to siting,
deployment, and adoption.

(2) Draft report; public comment.--The Task Force shall--
(A) not later than 180 days after the date on which
the Task Force is established under subsection

(a) ,
publish in the Federal Register and on the website of
the Commission a draft of the report required by
paragraph

(1) ; and
(B) accept public comments on such draft and take
such comments into consideration in preparing the final
version of such report.
(d) === Definitions. ===
-In this section:

(1) Chair.--The term ``Chair'' means the Chair of the
Commission.

(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.

(3) Not trusted.--
(A) In general.--The term ``not trusted'' means,
with respect to an entity, that--
(i) the Chair has made a public
determination that such entity is owned by,
controlled by, or subject to the influence of a
foreign adversary; or
(ii) the Chair otherwise determines that
such entity poses a threat to the national
security of the United States.
(B) Criteria for determination.--In making a
determination under subparagraph
(A)
(ii) , the Chair
shall use the criteria described in paragraphs

(1) through

(4) of

(c) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C.
1601
(c) ), as appropriate.

(4) State.--The term ``State'' has the meaning given such
term in

153).

(5) Task force.--The term ``Task Force'' means the 6G Task
Force established under subsection

(a) .

The Task Force shall be terminated 30 days after the date on which
the Task Force submits the report required under

(c) .

TITLE VII--SECURE SPACE ACT

This title may be cited as the ``Secure Space Act''.

STATES MARKET ACCESS, OR EARTH STATION AUTHORIZATIONS.

(a) In General.--The Secure and Trusted Communications Networks Act
of 2019 (47 U.S.C. 1601 et seq.) is amended--

(1) by redesignating sections 10 and 11 as sections 11 and
12, respectively; and

(2) by inserting after

``

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

Communications Act of 1934 (47 U.S.C. 153)) of an entity
described in paragraph

(1) .
``

(b)

Communications Networks Act of 2019, as added by subsection

(a) , shall
apply with respect to the grant of a license, petition, or
authorization on or after the date of the enactment of this Act.
(c) Rules.--Not later than 1 year after the date of the enactment
of this Act, the Federal Communications Commission shall issue rules to
implement

Act of 2019, as added by subsection

(a) .

TITLE VIII--TAKE IT DOWN ACT

This title may be cited as the ``Tools to Address Known
Exploitation by Immobilizing Technological Deepfakes on Websites and
Networks Act'' or the ``TAKE IT DOWN Act''.

NONCONSENSUAL INTIMATE VISUAL DEPICTIONS.

(a) In General.--

U.S.C. 223) is amended--

(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

``
(E) Intimate visual depiction.--The term
`intimate visual depiction' has the meaning given such
term in

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

(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

(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.--

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

``

(9) Rule of construction.--Nothing in this subsection
shall be construed to limit the application of any other
relevant law, including

Code.''.

(b) Defenses.--

(e)

(1) of the Communications Act of 1934
(47 U.S.C. 223

(e)

(1) ) is amended by striking ``or
(d) '' and inserting
``,
(d) , or

(h) ''.
(c) Technical and Conforming Amendment.--Subsection
(i) of

redesignated by subsection

(a) , is amended by inserting
``

DEPICTIONS.

(a) In General.--

(1) Notice and removal process.--
(A) Establishment.--Not later than 1 year after the
date of enactment of this Act, a covered platform shall
establish a process whereby an identifiable individual
(or an authorized person acting on behalf of such
individual) may--
(i) notify the covered platform of an
intimate visual depiction published on the
covered platform that--
(I) includes a depiction of the
identifiable individual; and
(II) was published without the
consent of the identifiable individual;
and
(ii) submit a request for the covered
platform to remove such intimate visual
depiction.
(B) Requirements.--A notification and request for
removal of an intimate visual depiction submitted under
the process established under subparagraph
(A) shall
include, in writing--
(i) a physical or electronic signature of
the identifiable individual (or an authorized
person acting on behalf of such individual);
(ii) an identification of, and information
reasonably sufficient for the covered platform
to locate, the intimate visual depiction of the
identifiable individual;
(iii) a brief statement that the
identifiable individual has a good faith belief
that any intimate visual depiction identified
under clause
(ii) is not consensual, including
any relevant information for the covered
platform to determine the intimate visual
depiction was published without the consent of
the identifiable individual; and
(iv) information sufficient to enable the
covered platform to contact the identifiable
individual (or an authorized person acting on
behalf of such individual).

(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--
(A) is easy to read and in plain language; and
(B) provides information regarding the
responsibilities of the covered platform under this
section, including a description of how an individual
can submit a notification and request for removal.

(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--
(A) remove the intimate visual depiction; and
(B) make reasonable efforts to identify and remove
any known identical copies of such depiction.

(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.

(b) Enforcement by the Commission.--

(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

(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.--Except as provided in subparagraph
(D) , the Commission shall enforce this section 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 section.
(B) Privileges and immunities.--Any person who
violates this section 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.).
(C) Authority preserved.--Nothing in this title
shall be construed to limit the authority of the
Federal Trade Commission under any other provision of
law.
(D) Scope of jurisdiction.--Notwithstanding
sections 4, 5

(a)

(2) , or 6 of the Federal Trade
Commission Act (15 U.S.C. 44; 45

(a)

(2) ; 46), or any
jurisdictional limitation of the Commission, the
Commission shall also enforce this section in the same
manner provided in subparagraph
(A) , with respect to
organizations that are not organized to carry on
business for their own profit or that of their members.

In this title:

(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.

(2) Consent; digital forgery; identifiable individual;
intimate visual depiction.--The terms ``consent'', ``digital
forgery'', ``identifiable individual'', ``intimate visual
depiction'', and ``minor'' have the meaning given such terms in

(h) of the Communications Act of 1934 (47 U.S.C.
223

(h) ), as added by

(3) Covered platform.--
(A) In general.--The term ``covered platform''
means a website, online service, online application, or
mobile application--
(i) that serves the public; and
(ii)
(I) that primarily provides a forum for
user-generated content, including messages,
videos, images, games, and audio files; or
(II) for which it is in the regular course
of trade or business of the website, online
service, online application, or mobile
application to publish, curate, host, or make
available content of nonconsensual intimate
visual depictions.
(B) Exclusions.--The term ``covered platform''
shall not include the following:
(i) A provider of broadband internet access
service (as described in

(b) of
title 47, Code of Federal Regulations, or
successor regulation).
(ii) Electronic mail.
(iii) Except as provided in subparagraph
(A)
(ii)
(II) , an online service, application, or
website--
(I) that consists primarily of
content that is not user generated but
is preselected by the provider of such
online service, application, or
website; and
(II) for which any chat, comment,
or interactive functionality is
incidental to, directly related to, or
dependent on the provision of the
content described in subparagraph
(A)
(ii)
(I) .

If any provision of this title, or an amendment made by this title,
is determined to be unenforceable or invalid, the remaining provisions
of this title and the amendments made by this title shall not be
affected.

TITLE IX--RURAL BROADBAND PROTECTION ACT

This title may be cited as the ``Rural Broadband Protection Act''.

FUND APPLICANTS.

amended by adding at the end the following:
``
(m) Vetting of High-Cost Fund Recipients.--
``

(1) === Definitions. ===
-In this subsection--
``
(A) the term `covered funding' means any new
offer of high-cost universal service program funding,
including funding provided through a reverse
competitive bidding mechanism provided under this
section, for the deployment of a broadband-capable
network and the provision of supported services over
the network; and
``
(B) the term `new covered funding award' means an
award of covered funding that is made based on an
application submitted to the Commission on or after the
date on which rules are promulgated under paragraph

(2) .
``

(2) Commission rulemaking.--Not later than 180 days after
the date of enactment of this subsection, the Commission shall
initiate a rulemaking proceeding to establish a vetting process
for applicants for, and other recipients of, a new covered
funding award.
``

(3) Contents.--
``
(A) In general.--In promulgating rules under
paragraph

(2) , the Commission shall provide that,
consistent with principles of technology neutrality,
the Commission will only award covered funding to
applicants that can demonstrate that they meet the
qualifications in subparagraph
(B) .
``
(B) Qualifications described.--An applicant for a
new covered funding award shall include in the initial
application a proposal containing sufficient detail and
documentation for the Commission to ascertain that the
applicant possesses the technical, financial, and
operational capabilities, and has a reasonable business
plan, to deploy the proposed network and deliver
services with the relevant performance characteristics
and requirements defined by the Commission and as
pledged by the applicant.
``
(C) Evaluation of proposal.--The Commission shall
evaluate a proposal described in subparagraph
(B) against--
``
(i) reasonable and well-established
technical, financial, and operational
standards, including the technical standards
adopted by the Commission in orders of the
Commission relating to Establishing the Digital
Opportunity Data Collection (WC Docket No. 19-
195) (or orders of the Commission relating to
modernizing any successor collection) for
purposes of entities that must report broadband
availability coverage; and
``
(ii) the applicant's history of complying
with requirements in Commission and other
government broadband deployment funding
programs.
``
(D) Penalties for pre-authorization defaults.--In
adopting rules for any new covered funding award, the
Commission shall set a penalty for pre-authorization
defaults of at least $9,000 per violation and may not
limit the base forfeiture to an amount less than 30
percent of the applicant's total support, unless the
Commission demonstrates the need for lower penalties in
a particular instance.''.

TITLE X--AMERICAN MUSIC TOURISM

This title may be cited as the ``American Music Tourism Act''.

TRAVEL AND TOURISM.

(a) Domestic Travel and Tourism.--

(b) of the Visit
America Act (15 U.S.C. 9803

(b) ) is amended--

(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.''.

(b) Facilitation of International Business and Leisure Travel.--

striking subsection
(d) and inserting the following:
``
(d) Facilitation of International Business and Leisure Travel.--
The Assistant Secretary, in coordination with relevant Federal
agencies, shall strive to increase and facilitate international
business and leisure travel to the United States and ensure
competitiveness by--
``

(1) facilitating large meetings, incentives, conferences,
and exhibitions in the United States;
``

(2) emphasizing rural and other destinations in the
United States that are rich in cultural heritage or ecological
tourism, among other uniquely American destinations, as
locations for hosting international meetings, incentives,
conferences, and exhibitions;
``

(3) facilitating and promoting international travel and
tourism to sports and recreation events and activities in the
United States; and
``

(4) identifying locations and events in the United States
that are important to music tourism and facilitating and
promoting international travel and tourism to those locations
and events.''.
(c) Reporting Requirements.--

(f) of the Visit America
Act (15 U.S.C. 9803

(f) ) is amended by adding at the end the following:
``

(4) Report on goals relating to domestic and
international travel.--Not later than 1 year after the date of
enactment of the American Music Tourism Act, and every 2 years
thereafter, the Assistant Secretary shall submit to the
Subcommittee on Tourism, Trade, and Export Promotion of the
Committee on Commerce, Science, and Transportation of the
Senate and the Subcommittee on Innovation, Data, and Commerce
of the Committee on Energy and Commerce of the House of
Representatives a report of activities, findings, achievements,
and vulnerabilities relating to the goals described in
subsections

(a) through
(d) .''.
(d) === Definition. ===
-

Consolidated Appropriations Act, 2023 (15 U.S.C. 9801) is amended--

(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.''.

TITLE XI--INFORMING CONSUMERS ABOUT SMART DEVICES

This title may be cited as the ``Informing Consumers about Smart
Devices Act''.

CERTAIN INTERNET-CONNECTED DEVICES.

Each manufacturer of a covered device shall disclose, clearly and
conspicuously and prior to purchase, whether the covered device
manufactured by the manufacturer contains a camera or microphone as a
component of the covered device.

(a) Unfair or Deceptive Acts or Practices.--A violation of

deceptive act or practice prescribed under

(a)

(1)
(B) of the
Federal Trade Commission Act (15 U.S.C. 57a

(a)

(1)
(B) ).

(b) Actions by the Commission.--

(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.
(c) Commission Guidance.--Not later than 180 days after the date of
enactment of this title, the Commission, through outreach to relevant
private entities, shall issue guidance to assist manufacturers in
complying with the requirements of this title, including guidance about
best practices for making the disclosure required by

clear and conspicuous and age appropriate as practicable and about best
practices for the use of a pictorial (as defined in

(a) of the
Consumer Review Fairness Act of 2016 (15 U.S.C. 45b

(a) )) visual
representation of the information to be disclosed.
(d) Tailored Guidance.--A manufacturer of a covered device may
petition the Commission for tailored guidance as to how to meet the
requirements of

or any successor rules.

(e) Limitation on Commission Guidance.--No guidance issued by the
Commission with respect to this title shall confer any rights on any
person, State, or locality, nor shall operate to bind the Commission or
any person to the approach recommended in such guidance. In any
enforcement action brought pursuant to this title, the Commission shall
allege a specific violation of a provision of this title. The
Commission may not base an enforcement action on, or execute a consent
order based on, practices that are alleged to be inconsistent with any
such guidelines, unless the practices allegedly violate

As used in this title, the term ``covered device''--

(1) means a consumer product, as defined by

(a) of
the Consumer Product Safety Act (15 U.S.C. 2052

(a) ) that is
capable of connecting to the internet, a component of which is
a camera or microphone; and

(2) does not include--
(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

U.S.C. 255; 617; 619; and 303

(aa) and

(bb) ), and any
regulations promulgated thereunder.

This title shall apply to all covered devices manufactured after
the date that is 180 days after the date on which guidance is issued by
the Commission under

(c) , and shall not apply to covered
devices manufactured or sold before such date, or otherwise introduced
into interstate commerce before such date.

TITLE XII--SECURING SEMICONDUCTOR SUPPLY CHAINS ACT

This title may be cited as the ``Securing Semiconductor Supply
Chains Act''.

In this title, the term ``SelectUSA'' means the SelectUSA program
of the Department of Commerce established by Executive Order 13577 (76
Fed. Reg. 35715; relating to establishment of the SelectUSA
Initiative).

Congress makes the following findings:

(1) Semiconductors underpin the United States and global
economies, including manufacturing sectors. Semiconductors are
also essential to the national security of the United States.

(2) A shortage of semiconductors, brought about by the
COVID-19 pandemic and other complex factors impacting the
overall supply chain, has threatened the economic recovery of
the United States and industries that employ millions of United
States citizens.

(3) Addressing current challenges and building resilience
against future risks requires ensuring a secure and stable
supply chain for semiconductors that will support the economic
and national security needs of the United States and its
allies.

(4) The supply chain for semiconductors is complex and
global. While the United States plays a leading role in certain
segments of the semiconductor industry, securing the supply
chain requires onshoring, reshoring, or diversifying vulnerable
segments, such as for--
(A) fabrication;
(B) advanced packaging; and
(C) materials and equipment used to manufacture
semiconductor products.

(5) The Federal Government can leverage foreign direct
investment and private dollars to grow the domestic
manufacturing and production capacity of the United States for
vulnerable segments of the semiconductor supply chain.

(6) The SelectUSA program of the Department of Commerce, in
coordination with other Federal agencies and State-level
economic development organizations, is positioned to boost
foreign direct investment in domestic manufacturing and to help
secure the semiconductor supply chain of the United States.

ORGANIZATIONS.

Not later than 180 days after the date of the enactment of this
Act, the Executive Director of SelectUSA shall solicit comments from
State-level economic development organizations--

(1) to review--
(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

(2) to develop recommendations for--
(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

(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.

SEMICONDUCTOR-RELATED MANUFACTURING AND PRODUCTION.

Not later than 2 years after the date of the enactment of this Act,
the Executive Director of SelectUSA, in coordination with the Federal
Interagency Investment Working Group established by Executive Order
13577 (76 Fed. Reg. 35715; relating to establishment of the SelectUSA
Initiative), shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report that includes--

(1) a review of the comments SelectUSA received from State-
level economic development organizations under

(2) a description of activities SelectUSA is engaged in to
increase foreign direct investment in semiconductor-related
manufacturing and production; and

(3) an assessment of strategies SelectUSA may implement to
achieve an increase in such investment and to help secure the
United States supply chain for semiconductors, including by--
(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.

No additional funds are authorized to be appropriated for the
purpose of carrying out this title. The Executive Director of SelectUSA
shall carry out this title using amounts otherwise available to the
Executive Director for such purposes.

TITLE XIII--HOTEL FEES TRANSPARENCY ACT

This title may be cited as the ``Hotel Fees Transparency Act''.

ROOMS AND OTHER SHORT-TERM RENTAL PRICES.

(a) Prohibition.--

(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--
(A) display the total services price, if a price is
displayed, in any advertisement, marketing, or price
list wherever the covered services are displayed,
advertised, marketed, or offered for sale;
(B) disclose to any individual who seeks to
purchase covered services the total services price at
the time the covered services are first displayed to
the individual and anytime thereafter throughout the
covered services purchasing process; and
(C) disclose, prior to the final purchase, any tax,
fee, or assessment imposed by any government entity,
quasi-government entity, or government-created special
district or program on the sale of covered services.

(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--
(A) individual components of the total price; or
(B) details of other items not required by
paragraph

(1) .

(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.

(b) Enforcement.--

(1) Enforcement by the commission.--
(A) Unfair or deceptive acts or practices.--A
violation of subsection

(a) shall be treated as a
violation of a rule defining an unfair or deceptive act
or practice prescribed under

(a)

(1)
(B) of the
Federal Trade Commission Act (15 U.S.C. 57a

(a)

(1)
(B) ).
(B) Powers of the commission.--
(i) In general.--The Commission shall
enforce this section 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 Act.
(ii) Privileges and immunities.--Any person
who violates this section 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.).
(iii) Authority preserved.--Nothing in this
section shall be construed to limit the
authority of the Commission under any other
provision of law.

(2) Enforcement by states.--
(A) In general.--If the attorney general of a State
has reason to believe that an interest of the residents
of the State has been or is being threatened or
adversely affected by a practice that violates
subsection

(a) , the attorney general of the State may,
as parens patriae, bring a civil action on behalf of
the residents of the State in an appropriate district
court of the United States to obtain appropriate
relief.
(B) Rights of the commission.--
(i) Notice to the commission.--
(I) In general.--Except as provided
in subclause
(III) , the attorney
general of a State, before initiating a
civil action under subparagraph
(A) shall notify the Commission in writing
that the attorney general intends to
bring such civil action.
(II) Contents.--The notification
required by subclause
(I) shall include
a copy of the complaint to be filed to
initiate the civil action.
(III) Exception.--If it is not
feasible for the attorney general of a
State to provide the notification
required by subclause
(I) before
initiating a civil action under
subparagraph
(A) , the attorney general
shall notify the Commission immediately
upon instituting the civil action.
(ii) Intervention by the commission.--The
Commission may--
(I) intervene in any civil action
brought by the attorney general of a
State under subparagraph
(A) ; and
(II) upon intervening--

(aa) be heard on all
matters arising in the civil
action; and

(bb) file petitions for
appeal.
(C) Investigatory powers.--Nothing in this
paragraph may be construed to prevent the attorney
general of a State from exercising the powers conferred
on the attorney general by the laws of the State to
conduct investigations, to administer oaths or
affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(D) Action by the commission.--Whenever a civil
action has been instituted by or on behalf of the
Commission for violation of subsection

(a) , no attorney
general of a State may, during the pendency of that
action, institute an action under subparagraph
(A) against any defendant named in the complaint in that
action for a violation of subsection

(a) alleged in
such complaint.
(E) Venue; service of process.--
(i) Venue.--Any action brought under
subparagraph
(A) may be brought in--
(I) the district court of the
United States that meets applicable
requirements relating to venue under

Code; or
(II) another court of competent
jurisdiction.
(ii) Service of process.--In an action
brought under subparagraph
(A) , process may be
served in any district in which--
(I) the defendant is an inhabitant,
may be found, or transacts business; or
(II) venue is proper under

(F) Actions by other state officials.--
(i) In general.--In addition to civil
actions brought by an attorney general under
subparagraph
(A) , any other officer of a State
who is authorized by the State to do so may
bring a civil action under subparagraph
(A) ,
subject to the same requirements and
limitations that apply under this paragraph to
civil actions brought by attorneys general.
(ii) Savings provision.--Nothing in this
paragraph may be construed to prohibit an
authorized official of a State from initiating
or continuing any proceeding in a court of the
State for a violation of any civil or criminal
law of the State.

(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--
(A) established procedures to receive up-to-date
price information from hotels or short-term rentals, or
agents acting on behalf of a hotel or short-term
rental;
(B) relied in good faith on information provided to
the intermediary or third-party online seller by a
hotel or short-term rental, or agent acting on behalf
of such hotel or short-term rental, and such
information was inaccurate at the time it was provided
to the intermediary or third-party online seller; and
(C) took prompt action to remove or correct any
false or inaccurate information about the total
services price after receiving notice that such
information was false or inaccurate.
(c) Preemption.--

(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--
(A) preempt any law of a State or political
subdivision of a State relating to contracts or torts;
or
(B) preempt any law of a State or political
subdivision of a State to the extent that such law
relates to an act of fraud, unauthorized access to
personal information, or notification of unauthorized
access to personal information.
(d) === Definitions. ===
-In this Act:

(1) Base services price.--The term ``base services price''
--
(A) means, with respect to the covered services
provided by a hotel or short-term rental, the price in
order to obtain the covered services of the hotel or
short-term rental; and
(B) does not include--
(i) any service fee;
(ii) any taxes or fees imposed by a
government or quasi-government entity;
(iii) assessment fees of a government-
created special district or program; or
(iv) any charges or fees for an optional
product or service associated with the covered
services that may be selected by a purchaser of
covered services.

(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

(a)

(2) of the
Federal Trade Commission Act (15 U.S.C. 45

(a)

(2) ), including--
(A) a hotel or short-term rental;
(B) a third-party online seller; or
(C) an intermediary.

(4) Covered services.--The term ``covered services''--
(A) means the temporary provision of a room,
building, or other lodging facility; and
(B) does not include the provision of a meeting
room, banquet services, or catering services.

(5) Hotel.--The term ``hotel'' means an establishment that
is--
(A) primarily engaged in providing a covered
service to the general public; and
(B) promoted, advertised, or marketed in interstate
commerce or for which such establishment's services are
sold in interstate commerce.

(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''--
(A) means a charge imposed by a covered entity that
must be paid in order to obtain covered services; and
(B) does not include--
(i) any taxes or fees imposed by a
government or quasi-government entity;
(ii) any assessment fees of a government-
created special district or program; or
(iii) any charges or fees for an optional
product or service associated with the covered
services that may be selected by a purchaser of
covered services.

(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--
(A) in exchange for a fee;
(B) for periods shorter than 30 consecutive days;
and
(C) is promoted, advertised, or marketed in
interstate commerce or for which such property's
services are sold in interstate commerce.

(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''--
(A) means, with respect to covered services, the
total cost of the covered services, including the base
services price and any service fees; and
(B) does not include--
(i) any taxes or fees imposed by a
government or quasi-government entity;
(ii) any assessment fees of a government-
created special district or program; or
(iii) any charges or fees for an optional
product or service associated with the covered
services that may be selected by a purchaser of
covered services.

(e) Effective Date.--The prohibition under subsection

(a) shall
take effect 450 days after the date of the enactment of this Act and
shall apply to advertisements, displays, marketing, and offers of
covered services of a covered entity made on or after such date.

TITLE XIV--TRANSPARENCY IN CHARGES FOR KEY EVENTS TICKETING

This title may be cited as the ``Transparency In Charges for Key
Events Ticketing Act'' or the ``TICKET Act''.

Beginning 180 days after the date of the enactment of this Act, it
shall be unlawful for a ticket issuer, secondary market ticket issuer,
or secondary market ticket exchange to offer for sale an event ticket
unless the ticket issuer, secondary market ticket issuer, or secondary
market ticket exchange--

(1) clearly and conspicuously displays the total event
ticket price, if a price is displayed, in any advertisement,
marketing, or price list wherever the ticket is offered for
sale;

(2) clearly and conspicuously discloses to any individual
who seeks to purchase an event ticket the total event ticket
price at the time the ticket is first displayed to the
individual and anytime thereafter throughout the ticket
purchasing process; and

(3) provides an itemized list of the base event ticket
price and each event ticket fee prior to the completion of the
ticket purchasing process.

(a) Prohibition.--Beginning 180 days after the date of the
enactment of this Act, a ticket issuer, secondary market ticket issuer,
or secondary market ticket exchange that does not have actual or
constructive possession of an event ticket shall not sell, offer for
sale, or advertise for sale such event ticket.

(b) Services Permitted.--Notwithstanding subsection

(a) , a
secondary market ticket issuer or secondary market ticket exchange may
sell, offer for sale, or advertise for sale a service to an individual
to obtain an event ticket on behalf of such individual if the secondary
market ticket issuer or secondary market ticket exchange complies with
the following:

(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.

A ticket issuer, secondary market ticket issuer, or secondary
market ticket exchange--

(1) if offering an event ticket for resale, shall provide a
clear and conspicuous statement, before a consumer purchases
the event ticket from the ticket issuer, secondary market
ticket issuer, or secondary market ticket exchange, that the
issuer or exchange is engaged in the secondary sale of event
tickets; and

(2) shall not state that the ticket issuer, secondary
market ticket issuer, or secondary market ticket exchange is
affiliated with or endorsed by a venue, team, or artist, as
applicable, including by using words like ``official'' in
promotional materials, social media promotions, or paid
advertising, unless a partnership agreement has been executed
or the issuer or exchange has the express written consent of
the venue, team, or artist, as applicable.

(a) Cancellation.--Beginning 180 days after the date of the
enactment of this Act, if an event is canceled or postponed (except for
a case in which an event is canceled or postponed due to a cause beyond
the reasonable control of the issuer, including a natural disaster,
civil disturbance, or otherwise unforeseeable impediment), a ticket
issuer, secondary market ticket issuer, or secondary market ticket
exchange shall provide the purchaser of an event ticket from the issuer
or exchange for the canceled or postponed event, at a minimum--

(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--
(A) a full refund for the total event ticket price;
or
(B) if 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.

(b) Disclosure of Guarantee and Refund Policy Required.--Beginning
180 days after the date of the enactment of this Act, a ticket issuer,
secondary market ticket issuer, or secondary market ticket exchange
shall disclose clearly and conspicuously to a purchaser before the
completion of an event ticket sale the guarantee or refund policy of
such ticket issuer, secondary market ticket issuer, or secondary market
ticket exchange, including under what circumstances any refund issued
will include a refund of any event ticket fee.
(c) Disclosure of How To Obtain a Refund Required.--Beginning 180
days after the date of the enactment of this Act, a ticket issuer,
secondary market ticket issuer, or secondary market ticket exchange
shall provide a clear and conspicuous explanation of how to obtain a
refund of the total event ticket price.

ENFORCEMENT.

Not later than 6 months after the date of the enactment of this
Act, the Commission shall submit to Congress a report on enforcement of
the Better Online Ticket Sales Act of 2016 (Public Law 114-274; 15
U.S.C. 45c), including any enforcement action taken, challenges with
enforcement and coordination with State Attorneys General, and
recommendations on how to improve enforcement and industry compliance.

(a) Unfair or Deceptive Act or Practice.--A violation of this title
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice under

(a)

(1)
(B) of the Federal
Trade Commission Act (15 U.S.C. 57a

(a)

(1)
(B) ).

(b) Powers of Commission.--

(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.

In this title:

(1) Artist.--The term ``artist'' means any performer,
musician, comedian, producer, ensemble or production entity of
a theatrical production, sports team owner, or similar person.

(2) Base event ticket price.--The term ``base event ticket
price'' means, with respect to an event ticket, the price of
the event ticket excluding the cost of any event ticket fees.

(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.

(4) Event.--The term ``event'' means any live concert,
theatrical performance, sporting event, show, or similarly
scheduled live activity, that is--
(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.

(5) Event ticket; ticket issuer.--The terms ``event
ticket'' and ``ticket issuer'' have the meaning given those
terms in

2016 (15 U.S.C. 45c note).

(6) Event ticket fee.--The term ``event ticket fee''--
(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.

(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 take possession
of an event ticket.

(8) Resale; secondary sale.--The terms ``resale'' and
``secondary sale'' mean any sale of an event ticket that occurs
after the initial sale of the event ticket by a ticket issuer.

(9) Secondary market ticket exchange.--The term ``secondary
market ticket exchange'' means any person that in the regular
course of trade or business of that person operates a platform
or exchange for advertising, listing, or selling resale
tickets, on behalf of itself, vendors, or a secondary market
ticket issuer.

(10) Secondary market ticket issuer.--The term ``secondary
market ticket issuer'' means any person, including a ticket
issuer, that resells or makes a secondary sale of an event
ticket to the general public in the regular course of the trade
or business of the person.

(11) Total event ticket price.--The term ``total event
ticket price'' means, with respect to an event ticket, the
total cost of the event ticket, including the base event ticket
price and any event ticket fee.

(12) Venue.--The term ``venue'' means a physical space at
which an event takes place.

TITLE XV--ROUTERS ACT

This title may be cited as the ``Removing Our Unsecure Technologies
to Ensure Reliability and Security Act'' or the ``ROUTERS Act''.

AND MODEMS.

(a) In General.--The Secretary shall conduct a study of the
national security risks posed by consumer routers, modems, and devices
that combine a modem and router that are designed, developed,
manufactured, or supplied by persons owned by, controlled by, or
subject to the influence of a covered country.

(b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit to the Committee
on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report on the results of the study conducted under subsection

(a) .
(c) === Definitions. ===
-In this section:

(1) Covered country.--The term ``covered country'' means a
country specified in

(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.

TITLE XVI--NTIA REAUTHORIZATION

This title may be cited as the ``National Telecommunications and
Information Administration Reauthorization Act'' or the ``NTIA
Reauthorization Act''.

In this title:

(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.

(2) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.

(3) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Communications and
Information.

Subtitle A--Reauthorization

INFORMATION ADMINISTRATION ORGANIZATION ACT.

(a) Authorization of Appropriations.--

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.--

(1) Under secretary; deputy under secretary.--
(A) Under secretary.--The National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 901 et seq.) is amended by
striking ``Assistant Secretary'' each place it appears
and inserting ``Under Secretary''.
(B) Deputy under secretary.--

(a) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C. 902

(a) ), as
amended by this section, is amended by adding at the
end the following:
``

(3) Deputy under secretary.--The Deputy Under Secretary
of Commerce for Communications and Information shall--
``
(A) be the principal policy advisor of the Under
Secretary;
``
(B) perform such other functions as the Under
Secretary shall from time to time assign or delegate;
and
``
(C) act as Under Secretary during the absence or
disability of the Under Secretary or in the event of a
vacancy in the office of the Under Secretary.''.

(2) Continuation of civil actions.--This subsection, and
the amendments made by this subsection, shall not abate any
civil action commenced by or against the Assistant Secretary of
Commerce for Communications and Information before the date of
the enactment of this Act, except that the Under Secretary
shall be substituted as a party to the action on and after such
date.

(3) Continuation in office.--The individual serving as the
Assistant Secretary of Commerce for Communications and
Information and the individual serving as the Deputy Assistant
Secretary of Commerce for Communications and Information on the
day before the date of the enactment of this Act may serve as
the Under Secretary and the Deputy Under Secretary of Commerce
for Communications and Information, respectively, on and after
that date without the need for renomination or reappointment.

(4) References.--Any reference in a law, regulation,
document, paper, or other record of the United States to the
Assistant Secretary of Commerce for Communications and
Information shall, on and after the date of the enactment of
this Act, be deemed to be a reference to the Under Secretary.

(5) Executive schedule.--
(A) In general.--Subchapter II of chapter 53 of
title 5, United States Code, is amended--
(i) in

the following:
``Under Secretary of Commerce for Communications and
Information.''; and
(ii) in

to the Assistant Secretaries of Commerce, by
striking ``

(11) '' and inserting ``

(10) ''.
(B) Effective date.--The amendment made by
subparagraph
(A) (establishing the annual rate of the
basic pay of the Under Secretary) shall take effect on
the first day of the first pay period beginning after
the date of the enactment of this Act.
(c) Authorities and Responsibilities.--

(1) Coordination of executive branch views on matters
before the federal communications commission.--

(a)

(1) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 904

(a)

(1) ) is
amended--
(A) by striking ``to ensure that the conduct'' and
inserting the following: ``to ensure that--
``
(A) the conduct'';
(B) in subparagraph
(A) , as so designated, by
striking the period at the end and inserting ``; and'';
and
(C) by adding at the end the following:
``
(B) the views of the executive branch on matters
presented to the Commission are, consistent with

(b)

(2)
(J) --
``
(i) appropriately coordinated; and
``
(ii) reflective of executive branch
policy.''.

(2) Assigned functions.--

(b)

(2) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 902

(b)

(2) ) is amended--
(A) in the matter preceding subparagraph
(A) , by
inserting ``, some of which were'' before ``transferred
to the Secretary''; and
(B) in subparagraph
(M) , by inserting ``, publish
reports,'' after ``studies''.

(3) Rule of construction.--Nothing in the amendments made
by paragraphs

(1) and

(2) may be construed to expand or
contract the authority of the Commission.
(d) Technical and Conforming Amendments.--

(1) Public telecommunications financing act of 1978.--

(c) of the Public Telecommunications Financing Act
of 1978 (5 U.S.C. 5316 note; Public Law 95-567) is amended by
striking ``The position of Deputy Assistant Secretary of
Commerce for Communications and Information, established in
Department of Commerce Organization Order Numbered 10-10
(effective March 26, 1978),'' and inserting ``The position of
Deputy Under Secretary of Commerce for Communications and
Information, established under

(a) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 902

(a) ),''.

(2) Communications act of 1934.--

(d) (2) of the
Communications Act of 1934 (47 U.S.C. 344
(d) (2) ) is amended by
striking ``Assistant Secretary'' and inserting ``Under
Secretary''.

(3) Homeland security act of 2002.--

(d) (2) of
the Homeland Security Act of 2002 (6 U.S.C. 575
(d) (2) ) is
amended by striking ``Assistant Secretary for Communications
and Information of the Department of Commerce'' and inserting
``Under Secretary of Commerce for Communications and
Information''.

(4) Agriculture improvement act of 2018.--

the Agriculture Improvement Act of 2018 (7 U.S.C. 950bb-6) is
amended--
(A) in subsection
(d) (1) , in the heading, by
striking ``Assistant secretary'' and inserting ``Under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.

(5) Title 17, united states code.--

(a)

(1)
(C) of
title 17, United States Code, is amended by striking
``Assistant Secretary for Communications and Information of the
Department of Commerce'' and inserting ``Under Secretary of
Commerce for Communications and Information''.

(6) Unlocking consumer choice and wireless competition
act.--

(b) of the Unlocking Consumer Choice and
Wireless Competition Act (17 U.S.C. 1201 note; Public Law 113-
144) is amended by striking ``Assistant Secretary for
Communications and Information of the Department of Commerce''
and inserting ``Under Secretary of Commerce for Communications
and Information''.

(7) Communications satellite act of 1962.--

(a)

(1) of the Communications Satellite Act of 1962 (47
U.S.C. 763d

(a)

(1) ) is amended, in the matter preceding
subparagraph
(A) , by striking ``Assistant Secretary'' and
inserting ``Under Secretary of Commerce''.

(8) Spectrum pipeline act of 2015.--The Spectrum Pipeline
Act of 2015 (47 U.S.C. 921 note; title X of Public Law 114-74)
is amended--
(A) in

(1) , in the heading, by striking
``Assistant secretary'' and inserting ``Under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.

(9) Warning, alert, and response network act.--

of the Warning, Alert, and Response Network Act (47 U.S.C.
1205) is amended--
(A) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''; and
(B) in subsection

(b) , in the first sentence, by
striking ``for7Communications'' and inserting ``for
Communications''.

(10) American recovery and reinvestment act of 2009.--

2009 (47 U.S.C. 1305) is amended by striking ``Assistant
Secretary'' each place the term appears and inserting ``Under
Secretary''.

(11) Middle class tax relief and job creation act of
2012.--Title VI of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1401 et seq.) is amended--
(A) in

(i) by striking paragraph

(4) ;
(ii) by redesignating paragraphs

(5) through

(32) as paragraphs

(4) through

(31) ,
respectively; and
(iii) by inserting after paragraph

(31) , as
so redesignated, the following:
``

(32) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Communications and
Information.''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.

(12) Ray baum's act of 2018.--The RAY BAUM'S Act of 2018
(division P of Public Law 115-141; 132 Stat. 348) is amended by
striking ``Assistant Secretary'' each place the term appears
and inserting ``Under Secretary''.

(13) Secure and trusted communications networks act of
2019.--

Networks Act of 2019 (47 U.S.C. 1607) is amended--
(A) in subsection
(c) (1) , in the heading, by
striking ``Assistant secretary'' and inserting ``Under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.

(14) Title 51, united states code.--

(3) of
title 51, United States Code, is amended, in the matter
preceding subparagraph
(A) , by striking ``Assistant Secretary''
each place the term appears and inserting ``Under Secretary''.

(15) Consolidated appropriations act, 2021.--The
Consolidated Appropriations Act, 2021 (Public Law 116-260) is
amended--
(A) in title IX of division N--
(i) in

(a)

(2) , in the heading,
by striking ``Assistant secretary'' and
inserting ``Under secretary'';
(ii) in

(I) in subsection

(a)

(1) , in the
heading, by striking ``Assistant
secretary'' and inserting ``Under
secretary'';
(II) in subsection
(c) (3)
(B) , in
the heading, by striking ``assistant
secretary'' and inserting ``under
secretary'';
(III) in subsection
(d) (2)
(B) , in
the heading, by striking ``assistant
secretary'' and inserting ``under
secretary''; and
(iii) by striking ``Assistant Secretary''
each place the term appears (except in

(a)

(13)
(E) ) and inserting ``Under
Secretary''; and
(B) in title IX of division FF--
(i) in

(g)

(2) , in the heading,
by striking ``Assistant secretary'' and
inserting ``Under secretary''; and
(ii) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary''.

(16) Infrastructure investment and jobs act.--The
Infrastructure Investment and Jobs Act (Public Law 117-58) is
amended--
(A) in

Secretary'' each place the term appears and inserting
``Under Secretary'';
(B) in division F--
(i) in

(I) in subsection

(a)

(2)
(A) , by
striking ``Assistant secretary'' and
inserting ``Under secretary'';
(II) in subsection
(d) (1) , by
striking ``Assistant secretary'' and
inserting ``Under secretary''; and
(III) in subsection

(h) --

(aa) in paragraph

(1)
(B) ,
by striking ``assistant
secretary'' and inserting
``under secretary''; and

(bb) in paragraph

(5)
(B)
(iii) , by striking
``assistant secretary'' and
inserting ``under secretary'';
(ii) in title III--
(I) in

(5) , by
striking ``Assistant secretary'' and
inserting ``Under secretary''; and
(II) in

(d) (2)
(B)
(ii) ,
by striking ``assistant secretary'' and
inserting ``under secretary'';
(iii) in

(a)

(2) , by striking
``Assistant secretary'' and inserting ``Under
secretary'';
(iv) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary''; and
(C) in division J, in title I, in the matter under
the heading ``distance learning, telemedicine, and
broadband program'' under the heading ``Rural Utilities
Service'' under the heading ``RURAL DEVELOPMENT
PROGRAMS'', by striking ``Assistant Secretary'' and
inserting ``Under Secretary''.

(a) Elimination of Certain Outdated or Completed Reporting
Requirements.--

(1) BTOP quarterly report.--

(d) of the American
Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305
(d) ) is
amended--
(A) in paragraph

(2) , by striking the semicolon at
the end and inserting ``; and'';
(B) in paragraph

(3) , by striking ``; and'' and
inserting a period; and
(C) by striking paragraph

(4) .

(2) Certain reports required by national telecommunications
and information administration organization act.--Sections 154,
155, and 156 of the National Telecommunications and Information
Administration Organization Act are repealed.

(3) Initial report required by

(a)

(1)
(G) of the
ndaa for fiscal year 2021.--

(a)

(1)
(G) of the
William M.

(Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (47 U.S.C. 906

(a)

(1)
(G) ) is amended--
(A) in clause
(ii) , by redesignating subclauses
(I) ,
(II) , and
(III) as clauses
(i) ,
(ii) , and
(iii) ,
respectively, and conforming the margins of such
clauses accordingly; and
(B) by striking ``Reports to congress'' and all
that follows through ``For each fiscal year'' and
inserting ``Annual report to congress.--For each fiscal
year''.

(4) Report to president.--

(a) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 904

(a) ) is amended--
(A) by striking paragraph

(2) ; and
(B) by redesignating paragraph

(3) as paragraph

(2) .

(5) Effect on authority.--Nothing in this subsection or the
amendments made by this subsection may be construed to expand
or contract the authority of the Secretary, the Under
Secretary, the NTIA, or the Commission.

(6) Other reports.--Nothing in this subsection or the
amendments made by this subsection may be construed to prohibit
or otherwise prevent the Secretary, the Under Secretary, the
NTIA, or the Commission from producing any additional reports
otherwise within the authority of the Secretary, the Under
Secretary, the NTIA, or the Commission, respectively.

(b) Consolidated Annual Report.--

(1) In general.--In the first quarter of each calendar
year, the Under Secretary shall publish on the website of the
NTIA 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 that
contains the reports described in paragraph

(2) for the fiscal
year ending most recently before the beginning of such quarter.

(2) Reports described.--The reports described in this
paragraph are the following:
(A) The report required by

(c) (2)
(C) of
division FF of the Consolidated Appropriations Act,
2021 (47 U.S.C. 1307
(c) (2)
(C) ).
(B) If amounts in the Public Wireless Supply Chain
Innovation Fund established by

(a)

(1)
(A)
(i) of the William M.

(Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (47 U.S.C.
906

(a)

(1)
(A)
(i) ) were available for the fiscal year
described in paragraph

(1) of this subsection, the
report required by

(a)

(1)
(G) of such Act
(47 U.S.C. 906

(a)

(1)
(G) ).
(C) If the Under Secretary awarded grants under

(d) (1) of the Infrastructure Investment
and Jobs Act (47 U.S.C. 1723
(d) (1) ) in the fiscal year
described in paragraph

(1) of this subsection, the
report required by

(a)

(1)
(A) of such Act
(47 U.S.C. 1725

(a)

(1)
(A) ).

(3) Timing of underlying reporting requirements.--
(A) Report of office of internet connectivity and
growth.--

(c) (2)
(C) of division FF of the
Consolidated Appropriations Act, 2021 (47 U.S.C.
1307
(c) (2)
(C) ) is amended--
(i) in the matter preceding clause
(i) --
(I) by striking ``Not later than 1
year after the date of the enactment of
this Act, and every year thereafter,''
and inserting ``In the first quarter of
each calendar year,'';
(II) by inserting ``, for the
fiscal year ending most recently before
the beginning of such quarter,'' after
``a report''; and
(ii) in clause
(i) , by striking ``for the
previous year''.
(B) Report on digital equity grant programs.--

(a)

(1) of the Infrastructure Investment
and Jobs Act (47 U.S.C. 1725

(a)

(1) ) is amended--
(i) in the matter preceding subparagraph
(A) , by striking ``Not later than 1 year'' and
all that follows through ``shall--'' and
inserting the following: ``For the first fiscal
year in which the Under Secretary awards grants
under

(d) (1) , and each fiscal year
thereafter in which the Under Secretary awards
grants under such section, the Under Secretary
shall--''; and
(ii) in subparagraph
(A) --
(I) by inserting ``in the first
quarter of the first calendar year that
begins after the end of such fiscal
year,'' before ``submit''; and
(II) by striking ``, for the year
covered by the report''.

(4) Satisfaction of underlying reporting requirements.--
(A) In general.--Except as provided in subparagraph
(B) , the publication and submission of a report as
required by paragraph

(1) in the first quarter of a
calendar year shall be treated as satisfying any
requirement to publish or otherwise make publicly
available or to submit to Congress or to a committee of
Congress a report described in paragraph

(2) for the
fiscal year ending most recently before the beginning
of such quarter.
(B) Certain submission requirements.--At the time
when the Under Secretary submits a report required by
paragraph

(1) to the committees described in such
paragraph, the Under Secretary shall submit any portion
of such report that relates to a report described in
paragraph

(2)
(C) to each committee of Congress not
described in paragraph

(1) to which such report would
(without regard to subparagraph
(A) of this paragraph)
be required to be submitted.

(5) Applicability.--Paragraph

(1) , and the amendments made
by paragraph

(3) , shall apply beginning on January 1 of the
first calendar year that begins after the date of the enactment
of this Act.
(c) Extension of Certain Audit and Reporting Requirements.--

(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.

Subtitle B--Office of Spectrum Management

Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following:

``

``

(a) Establishment.--There is established within the NTIA an
Office of Spectrum Management (in this section referred to as the
`Office').
``

(b) Head of Office.--
``

(1) In general.--The head of the Office shall be an
Associate Administrator for Spectrum Management (in this
section referred to as the `Associate Administrator').
``

(2) Requirement to report.--The Associate Administrator
shall report to the Under Secretary (or a designee of the Under
Secretary).
``
(c) Duties.--The Associate Administrator shall, at the direction
of the Under Secretary--
``

(1) carry out responsibilities under

(b)

(2)
(A) (relating to frequency assignments for radio stations belonging
to and operated by the United States), make frequency
allocations for frequencies that will be used by such stations,
and develop and maintain techniques, databases, measurements,
files, and procedures necessary for such allocations;
``

(2) carry out responsibilities under

(b)

(2)
(K) (relating to establishing policies concerning spectrum
assignments and use by radio stations belonging to and operated
by the United States) and provide Federal agencies with
guidance to ensure that the conduct of telecommunications
activities by such agencies is consistent with such policies;
``

(3) represent the interests of Federal agencies in the
process through which the Commission and the NTIA jointly
determine the National Table of Frequency Allocations, and
coordinate with the Commission in the development of a
comprehensive long-range plan for improved management of all
electromagnetic spectrum resources;
``

(4) appoint the chairpersons of and provide secretariat
functions for the Interdepartmental Radio Advisory Committee
and the Interagency Spectrum Advisory Council;
``

(5) carry out responsibilities under

(b)

(2)
(B) (relating to authorizing a foreign government to construct and
operate a radio station at the seat of Government of the United
States) and assign frequencies for use by such stations;
``

(6) provide advice and assistance to the Under Secretary
and coordinate with the Associate Administrator for
International Affairs in carrying out spectrum management
aspects of the international policy responsibilities of the
NTIA, including spectrum-related responsibilities under

(b)

(2)
(G) ;
``

(7) carry out spectrum-related responsibilities under

(b)

(2)
(H) (relating to coordination of the
telecommunications activities of the executive branch and
assistance in the formulation of policies and standards for
such activities);
``

(8) carry out spectrum-related responsibilities under

(b)

(2)
(Q) (relating to certain activities with
respect to telecommunications resources); and
``

(9) carry out any other duties of the NTIA with respect
to spectrum policy that the Under Secretary may designate.''.

Subtitle C--Office of International Affairs

Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this title, is further amended by adding at
the end the following:

``

``

(a) Establishment.--There is established within the NTIA an
Office of International Affairs (in this section referred to as the
`Office').
``

(b) Head of Office.--
``

(1) In general.--The head of the Office shall be an
Associate Administrator for International Affairs (in this
section referred to as the `Associate Administrator').
``

(2) Requirement to report.--The Associate Administrator
shall report to the Under Secretary (or a designee of the Under
Secretary).
``
(c) Duties.--The Associate Administrator shall, at the direction
of the Under Secretary--
``

(1) in coordination with the Secretary of State, conduct
analysis of, review, and formulate international
telecommunications and information policy;
``

(2) present on international telecommunications and
information

PROVIDERS UNDER MEDICAID AND CHIP.

(a) In General.--

(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

(j)

(2) , has been so
screened under such

(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

``

(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

(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.

BASED SERVICES UNDER MEDICAID.

(a) Increasing Transparency of HCBS Coverage Under Medicaid.--

(1) In general.--

(c) of the Social Security Act
(42 U.S.C. 1396n
(c) ) is amended--
(A) in paragraph

(2) --
(i) in subparagraph
(E) --
(I) by inserting ``, not less
frequently than'' before ``annually'';
and
(II) by inserting ``(including,
with respect to such information
provided on or after July 9, 2027, the
information specified in paragraph

(11) )'' before the period at the end;
and
(ii) by adding at the end the following
flush sentence:
``The Secretary shall make all information provided under
subparagraph
(E) on or after the date of the enactment of this
sentence publicly available on the website of the Centers for
Medicare & Medicaid Services.''; and
(B) by adding at the end the following new
paragraph:
``

(11) For purposes of paragraph

(2)
(E) , the information
specified in this paragraph is the following:
``
(A) In the case of a State that limits the number
of individuals who may be provided home or community-
based services under a waiver granted under this
subsection and maintains a list of individuals waiting
to enroll in such waiver, a description of how the
State maintains such list, including--
``
(i) information on whether the State
screens individuals on such list to determine
whether such individuals are eligible to
receive such services under such waiver;
``
(ii) information on whether (and, if
applicable, how often) the State periodically
re-screens individuals on such list for
eligibility;
``
(iii) the number of people on such list
of individuals waiting to enroll in such
waiver; and
``
(iv) the average amount of time that
individuals newly enrolled in such waiver
within the past 12 months were on such list of
individuals waiting to enroll in such waiver.
``
(B) With respect to homemaker services, home
health aide services, personal care services, and
habilitation services furnished under waivers under
this subsection, by each such service type--
``
(i) for individuals newly receiving such
services within the past 12 months, the average
amount of time (which may be determined using
statistically valid random sampling of such
individuals) from when such services are
initially approved for such an individual to
when such individual begins receiving such
services; and
``
(ii) the percentage of authorized hours
(which may be determined using statistically
valid random sampling of individuals authorized
to receive such services) that are provided
within the past 12 months.''.

(2) Conforming amendments.--

Security Act (42 U.S.C. 1396n) is amended--
(A) in subsection
(i) by adding at the end the
following new paragraph:
``

(8) Reporting requirement.--With respect to homemaker
services, home health aide services, personal care services,
and habilitation services provided under this subsection on or
after July 9, 2027, the State, not less frequently than
annually, shall provide to the Secretary the same information
regarding such services as the State is required to provide
under subsection
(c) (11)
(B) .'';
(B) in subsection

(j)

(2)
(E) , by inserting after the
second sentence the following: ``With respect to any
homemaker services, home health aide services, personal
care services, and habilitation services provided under
this subsection on or after July 9, 2027, the State,
not less frequently than annually, shall provide to the
Secretary the same information regarding such services
as the State is required to provide under subsection
(c) (11)
(B) .''; and
(C) in subsection

(k)

(3)
(E) --
(i) by striking ``and'' after ``the cost of
such services and supports,''; and
(ii) by inserting before the period, the
following: ``, and with respect to homemaker
services, home health aide services, personal
care services, and habilitation services
provided under this subsection on or after July
9, 2027, not less frequently than annually, the
same information regarding such services as the
State is required to provide under subsection
(c) (11)
(B) ''.

(b) Demonstration Program To Expand HCBS Coverage Under

(c) Waivers.--

(c) of the Social Security Act (42 U.S.C.
1396n
(c) ), as amended by subsection

(a) , is further 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.''.
(c) Non-Application of the Paperwork Reduction Act.--Chapter 35 of
title 44, United States Code (commonly referred to as the ``Paperwork
Reduction Act of 1995''), shall not apply to the implementation of the
amendments made by subsections

(a) and

(b) .
(d) CMS Guidance to States on Interim Coverage Under

Home and Community-Based Services Authorities.--Not later than January
1, 2027, the Secretary of Health and Human Services shall issue
guidance to the States to clarify how a State may provide, with respect
to an individual who is eligible for home and community-based services
under

coverage of such services pursuant to a provisional written plan of
care, pending finalization, with respect to such individual.

(e) Funding.--

(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) .

WORKING ADULTS WITH DISABILITIES.

(a) Modification of Optional Buy-In Groups.--

(1) In general.--

(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.--

(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

(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 either such subclause (as amended by subsection

(a)

(1) ) or with

(v) (1)
(A) of the Social Security Act (42
U.S.C. 1396d
(v) (1)
(A) ) (as amended by subsection

(a)

(2) ) before January
1, 2027.

COVERAGE FOR MILITARY FAMILIES.

(a) In General.--

1396a) is amended--

(1) in subsection

(a) --
(A) in paragraph

(86) , by striking ``and'' at the
end;
(B) in paragraph

(87) , by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph

(87) , the
following new paragraph:
``

(88) beginning January 1, 2028, provide, with respect to
an active duty relocated individual (as defined in subsection

(uu)

(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

(uu)

(1) ), such active duty
relocated individual is on a home and community-based
services waiting list (as defined in subsection

(uu)

(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

(uu)

(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:
``

(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

(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

(a) ,

(c) , or

(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.''.

(b) Implementation Funding.--There are appropriated, out of any
funds in the Treasury not otherwise obligated, $1,000,000 for each of
fiscal years 2025 through 2029, to remain available until expended, to
the Secretary of Health and Human Services for purposes of implementing
the amendments made by subsection

(a) .

UNDER THE MEDICAID PROGRAM.

(a) In General.--

(a) of the Social Security Act (42
U.S.C. 1396a

(a) ), as previously amended by this title, is amended--

(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

(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.''.

(b) Application to CHIP.--

(e)

(1) of the Social Security
Act (42 U.S.C. 1397gg

(e)

(1) ) is amended--

(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).''.
(c) Ensuring Transmission of Address Information From Managed Care
Organizations.--

1396u-2) is amended by adding at the end the following new subsection:
``

(j) Transmission of Address Information.--Beginning January 1,
2026, each contract under a State plan with a managed care entity under

(m) shall provide that the entity transmits to the State
any address information for an individual enrolled with the entity that
is provided to such entity directly from, or verified by such entity
directly with, such individual.''.

RELATED TO DECEASED PROVIDERS.

(kk)

(1) of the Social Security Act (42 U.S.C.
1396a

(kk)

(1) ) is amended--

(1) by striking ``The State'' and inserting:
``
(A) In general.--The State''; and

(2) by adding at the end the following new subparagraph:
``
(B) Additional provider screening.--Beginning
January 1, 2027, as part of the enrollment (or
reenrollment or revalidation of enrollment) of a
provider or supplier under this title, and not less
frequently than quarterly during the period that such
provider or supplier is so enrolled, the State conducts
a check of the Death Master File (as such term is
defined in

(d) of the Bipartisan Budget Act
of 2013) to determine whether such provider or supplier
is deceased.''.

INDIVIDUALS DO NOT REMAIN ENROLLED.

previously amended by this title, is amended--

(1) in subsection

(a) --
(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

(2) by adding at the end the following new subsection:
``
(vv) Verification of Certain Eligibility Criteria.--
``

(1) In general.--For purposes of subsection

(a)

(90) , the
eligibility verification requirements, beginning January 1,
2026, are as follows:
``
(A) Quarterly screening to verify enrollee
status.--The State shall, not less frequently than
quarterly, review the Death Master File (as such term
is defined in

(d) of the Bipartisan Budget
Act of 2013) to determine whether any individuals
enrolled for medical assistance under the State plan
(or waiver of such plan) are deceased.
``
(B) Disenrollment under state plan.--If the State
determines, based on information obtained from the
Death Master File, that an individual enrolled for
medical assistance under the State plan (or waiver of
such plan) is deceased, the State shall--
``
(i) treat such information as factual
information confirming the death of a
beneficiary for purposes of

(a) of title 42, Code of Federal Regulations (or
any successor regulation);
``
(ii) disenroll such individual from the
State plan (or waiver of such plan); and
``
(iii) discontinue any payments for
medical assistance under this title made on
behalf of such individual (other than payments
for any items or services furnished to such
individual prior to the death of such
individual).
``
(C) Reinstatement of coverage in the event of
error.--If a State determines that an individual was
misidentified as deceased based on information obtained
from the Death Master File, and was erroneously
disenrolled from medical assistance under the State
plan (or waiver of such plan) based on such
misidentification, the State shall immediately reenroll
such individual under the State plan (or waiver of such
plan), retroactive to the date of such disenrollment.
``

(2) Rule of construction.--Nothing under this subsection
shall be construed to preclude the ability of a State to use
other electronic data sources to timely identify potentially
deceased beneficiaries, so long as the State is also in
compliance with the requirements of this subsection (and all
other requirements under this title relating to Medicaid
eligibility determination and redetermination).''.

SCREENINGS, REFERRALS, AND CASE MANAGEMENT SERVICES FOR
ELIGIBLE JUVENILES IN PUBLIC INSTITUTIONS; STATE INTERIM
WORK PLANS.

(a) In General.--

(d) of subtitle C of title V of
division FF of the Consolidated Appropriations Act, 2023 (Public Law
117-328) is amended--

(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

(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.''.

(b) Clarifying Nonapplication of Requirements to Individuals in
Federal Custody.--

(1) Medicaid.--
(A) Subparagraph
(D) of

(a)

(84) of the
Social Security Act (42 U.S.C. 1396a

(a)

(84) ), as added
by

of the Consolidated Appropriations Act, 2023 (Public
Law 117-328), is amended by striking ``an individual
who is an eligible juvenile'' and inserting ``an
individual (other than an individual who is in Federal
custody, including as an inmate in a Federal prison)
who is an eligible juvenile''.
(B) Section 5122

(a) of subtitle C of title V of
division FF of the Consolidated Appropriations Act,
2023 (Public Law 117-328) is amended--
(i) by striking ``paragraph

(31) '' each
place it appears and inserting ``the last
numbered paragraph''; and
(ii) in paragraph

(1) , by striking ``an
individual who is an eligible juvenile'' and
inserting ``an individual (other than an
individual who is in Federal custody, including
as an inmate in a Federal prison) who is an
eligible juvenile''.

(2) CHIP.--
(A) Subsection
(d) (2) of

Security Act (42 U.S.C. 1397bb), as added by

Consolidated Appropriations Act, 2023 (Public Law 117-
328), is amended by striking ``a targeted low-income
child who'' and inserting ``a targeted low income child
(other than a child who is in Federal custody,
including as an inmate in a Federal prison) who''.
(B) Section 5122

(b)

(2) of subtitle C of title V of
division FF of the Consolidated Appropriations Act,
2023 (Public Law 117-328) is amended by striking ``a
child who is'' and inserting ``a child (other than a
child who is in Federal custody, including as an inmate
in a Federal prison) who is''.

(3) Effective date.--The amendments made by this subsection
shall take effect as if enacted on December 29, 2022.
(c) Interim Work Plan.--Not later than June 30, 2025, each State
(as such term is defined in

(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 submit to the Secretary of Health and Human Services an
interim work plan, in such form and containing such information as the
Secretary may specify, describing the State's progress towards
implementing, and its plans to come into compliance with, the
requirements imposed by the amendments made by

C of title V of division FF of the Consolidated Appropriations Act,
2023 (Public Law 117-328), consistent with the guidance issued by the
Centers for Medicare & Medicaid Services in State Health Official
Letter #24-004 on July 23, 2024.

LABOR, AND DELIVERY SERVICES.

(a) State Study.--

(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

(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:
(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 applicable hospitals
that ceased providing 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 allows, 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,
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) Medicare;
(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 (as described in

(b)

(3) of title 42, Code of
Federal Regulations), other Federally-funded or
State-funded programs (including, to the extent
data is available, Medicaid managed care
rates), and to the payment rates for such
services, to the extent data is available, of
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 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) .

(b) HHS Report on National Data Collection

(a) Extending Tennessee DSH Allotments.--

(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 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.

(b) Eliminating and Delaying DSH Allotment Reductions.--

(f) of the Social Security Act (42 U.S.C. 1396r-4

(f) ) is amended--

(1) in paragraph

(7)
(A) --
(A) in clause
(i) , in the matter preceding
subclause
(I) , by striking ``April 1, 2025,'' and all
that follows through ``2027'' and inserting ``January
1, 2027, and ending September 30, 2027, and for fiscal
year 2028''; and
(B) in clause
(ii) , by striking ``April 1, 2025,''
and all that follows through ``2027'' and inserting
``January 1, 2027, and ending September 30, 2027, and
for fiscal year 2028''; and

(2) in paragraph

(8) , by striking ``2027'' and inserting
``2028''.

HOSPITAL PAYMENT ADJUSTMENTS UNDER THE MEDICAID PROGRAM.

(a) In General.--

(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

(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
``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

(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

(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, 2021, and
before the date of enactment of this Act, a State did
not spend the full amount of its Federal fiscal year
allotment under

(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

(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 paragraph

(2) ,
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 that State plan rate year as required
under

(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 on such increased payment
adjustment as part of the next annual report submitted
by the State under

(j)

(1) of the Social
Security Act (42 U.S.C. 1396r-4

(j)

(1) ).

(a) In General.--

(f) of the Social Security Act (42
U.S.C. 1396r-8

(f) ) is amended--

(1) in paragraph

(1)
(A) --
(A) by redesignating clause
(ii) as clause
(iii) ;
and
(B) by striking ``and'' after the semicolon at the
end of clause
(i) and all that precedes it through
``

(1) '' and inserting the following:
``

(1) Determining pharmacy actual acquisition costs.--The
Secretary shall conduct a survey of retail community pharmacy
drug prices and applicable non-retail pharmacy drug prices to
determine national average drug acquisition cost benchmarks (as
such term is defined by the Secretary) as follows:
``
(A) Use of vendor.--The Secretary may contract
services for--
``
(i) with respect to retail community
pharmacies, the determination of retail survey
prices of the national average drug acquisition
cost for covered outpatient drugs that
represent a nationwide average of consumer
purchase prices for such drugs, net of all
discounts, rebates, and other price concessions
(to the extent any information with respect to
such discounts, rebates, and other price
concessions is available) based on a monthly
survey of such pharmacies; and
``
(ii) with respect to applicable non-
retail pharmacies--
``
(I) the determination of survey
prices, separate from the survey prices
described in clause
(i) , of the non-
retail national average drug
acquisition cost for covered outpatient
drugs that represent a nationwide
average of consumer purchase prices for
such drugs, net of all discounts,
rebates, and other price concessions
(to the extent any information with
respect to such discounts, rebates, and
other price concessions is available)
based on a monthly survey of such
pharmacies; and
``
(II) at the discretion of the
Secretary, for each type of applicable
non-retail pharmacy, the determination
of survey prices, separate from the
survey prices described in clause
(i) or subclause
(I) of this clause, of the
national average drug acquisition cost
for such type of pharmacy for covered
outpatient drugs that represent a
nationwide average of consumer purchase
prices for such drugs, net of all
discounts, rebates, and other price
concessions (to the extent any
information with respect to such
discounts, rebates, and other price
concessions is available) based on a
monthly survey of such pharmacies;
and'';

(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