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H.R. 1768·119th Congress·Introduced Mar 3, 2025

Lower Costs for Everyday Americans Act

IntroducedHealthOmnibus
View bill text
Sponsor
Rep. Pallone, Frank [D-NJ-6]
Committees
Education and Workforce Committee (primary)
Last action
Mar 3, 2025

Bottom line

The bill is a comprehensive legislative package aiming to reduce costs and improve services for Americans through diverse regulatory, reauthorization, and funding initiatives across multiple federal agencies.

What it actually does

This omnibus bill proposes a wide range of policy changes and reauthorizations across environmental protection, commerce, and health sectors. Key areas include enhancing recycling infrastructure, regulating consumer products and digital technologies, promoting supply chain resilience, and making extensive modifications to Medicaid and Medicare programs, including prescription drug pricing and provider oversight. It also reauthorizes several public health programs and addresses pandemic preparedness.

Proponents argue

Supporters argue that this bill addresses critical needs across various sectors, from environmental sustainability and consumer safety to healthcare affordability and national security. They contend that by streamlining regulations, extending vital programs, and increasing transparency in areas like drug pricing and hotel fees, the bill will directly lead to lower costs and improved quality of life for everyday Americans.

Opponents contend

Critics may argue that the bill's expansive scope and numerous provisions could lead to unintended consequences, increased regulatory burdens on businesses, and potentially higher costs in some areas despite its stated goal. Concerns might also be raised about the federal government's overreach into state and local matters, or specific provisions that could disadvantage certain industries or stakeholders.

Given its length and complexity, the bill requires significant time for review, likely exceeding the time typically allotted for public scrutiny of such a broad legislative package.

Division A, Sec. 101

Recycling and Composting Accountability Act

prominently featuredmoderately complex

This section requires the EPA Administrator to report on composting and recycling infrastructure capabilities, including an inventory of materials recovery facilities and data on recycling and composting programs. It also mandates the Comptroller General to report on Federal agency recycling activities and requires a study on the diversion of recyclable materials from a circular market.

GroupImpactMechanismScale
GroupEnvironmental Protection Agency (EPA)ImpactIncreased reporting and data collection responsibilitiesMechanismNew statutory requirements for studies and inventoriesScaleNational
GroupStates, local governments, Indian TribesImpactCollaboration and data provision for EPA reports, potential for technical assistanceMechanismVoluntary information sharing, potential for grantsScaleLocal to national
GroupRecycling and composting industriesImpactIncreased data collection and evaluation of infrastructure, potential for market insightsMechanismSurveys, reports, and studiesScaleNational

Supporters argue

Supporters argue this provision is crucial for understanding the current state of recycling and composting in the U.S., identifying gaps, and developing effective strategies to improve waste diversion and promote a circular economy, ultimately reducing environmental impact and resource consumption.

Critics contend

Critics might contend that the extensive reporting requirements could impose administrative burdens on states, local governments, and private entities, potentially without clear, immediate benefits or sufficient federal funding to support the data collection efforts.

Tradeoffs

The provision balances the need for comprehensive data to inform policy with the potential administrative burden on reporting entities. It also seeks to promote environmental goals while acknowledging the voluntary nature of some data submissions.

Division A, Sec. 102

Recycling Infrastructure and Accessibility Program

prominently featuredstraightforward

This section establishes a pilot grant program, the 'Recycling Infrastructure and Accessibility Program,' to award competitive grants to eligible entities (states, local governments, Indian Tribes, public-private partnerships) to improve recycling accessibility in underserved communities. Funds can be used to increase transfer stations, expand curbside recycling, and leverage public-private partnerships, with a minimum grant of $500,000 and a maximum of $15,000,000.

Division A, Sec. 105

Nationwide Consumer and Fuel Retailer Choice Act (Ethanol Waiver)

prominently featuredmoderately complex

This section amends the Clean Air Act to modify regulations concerning ethanol-blended fuels. It allows fuels with 10 to 15 percent ethanol to be introduced into commerce if they meet other Reid Vapor Pressure (RVP) requirements, effectively extending a higher RVP waiver for E10-E15 blends year-round. It also mandates the EPA and Commodity Futures Trading Commission to review Renewable Identification Number (RIN) data to identify and reduce renewable fuel market manipulation.

Division B, Title I, Sec. 102

Banning of Products Containing a High Concentration of Sodium Nitrite

prominently featuredstraightforward

This section bans consumer products containing 10 percent or more by weight of sodium nitrite, classifying them as banned hazardous products under the Consumer Product Safety Act. It explicitly excludes commercial/industrial uses, as well as products defined as drugs, devices, cosmetics, or food (including meat, poultry, and egg products).

Division B, Title IV, Sec. 402-403

Promoting Resilient Supply Chains Act: Assistant Secretary Responsibilities and Working Group

prominently featuredmoderately complex

This title expands the responsibilities of the Assistant Secretary of Commerce for Industry and Analysis to promote critical supply chain resilience and identify vulnerabilities, especially concerning critical and emerging technologies. It establishes a 'Supply Chain Resilience Working Group' across federal agencies to assess, map, and model critical supply chains, identify gaps, and develop strategies to respond to supply chain shocks. The Assistant Secretary is also tasked with designating critical industries, supply chains, and goods, and updating these designations every four years.

Division B, Title VIII, Sec. 802-803

TAKE IT DOWN Act: Criminal Prohibition and Notice-and-Removal for Nonconsensual Intimate Visual Depictions

prominently featuredmoderately complex

This title establishes a federal criminal prohibition on the intentional disclosure of nonconsensual intimate visual depictions (NCIVD), including digital forgeries (deepfakes), of both adults and minors, with specific penalties. It also mandates that 'covered platforms' (websites/online services primarily featuring user-generated content or hosting NCIVDs) establish a notice-and-removal process for NCIVDs, requiring removal within 48 hours of a valid request and reasonable efforts to remove identical copies. Failure to comply with removal obligations is deemed an unfair or deceptive act by the FTC.

Division B, Title XIII, Sec. 1302

Hotel Fees Transparency Act: Prohibition on Unfair and Deceptive Advertising of Hotel Rooms

prominently featuredstraightforward

This section makes it unlawful for hotels, short-term rentals, or intermediaries to advertise a price for covered services (lodging) that does not clearly, conspicuously, and prominently display the total services price, including all mandatory fees, at the first display and throughout the purchasing process. It also requires disclosure of government-imposed taxes/fees before final purchase. Violations are treated as unfair or deceptive acts by the FTC, with state attorneys general also empowered to bring civil actions. It preempts state/local laws on fee disclosure unless they require total services price inclusion.

Division B, Title XIV, Sec. 1402-1405

Transparency In Charges For Key Events Ticketing (TICKET Act)

prominently featuredstraightforward

This title makes it unlawful for ticket issuers, secondary market ticket issuers, or exchanges to offer event tickets without clearly displaying the total event ticket price (including all fees) in advertisements and throughout the purchasing process, along with an itemized list of the base price and fees. It bans 'speculative ticketing' (selling tickets not in possession) and requires clear disclosures about secondary sales and affiliations. It also mandates full refunds for canceled events and specific refund/replacement options for postponed events, along with clear disclosure of refund policies.

Division C, Title I, Sec. 102

Making Certain Adjustments to Coverage of Home or Community-Based Services Under Medicaid

prominently featuredhighly complex

This section increases transparency for Home and Community-Based Services (HCBS) waivers under Medicaid by requiring states to report annually on waiting lists (including screening, re-screening, number of people, and average wait times) and service delivery (average time to receive services, percentage of authorized hours provided). It also establishes a demonstration program for up to 5 states to expand HCBS coverage to individuals who do not meet institutional levels of care, with planning grants available for up to 10 states. The Secretary of HHS is required to issue guidance on interim HCBS coverage.

Division C, Title I, Sec. 113

Preventing the Use of Abusive Spread Pricing in Medicaid

prominently featuredhighly complex

This section mandates that Medicaid contracts with Pharmacy Benefit Managers (PBMs) or managed care entities require a transparent prescription drug pass-through pricing model. This means PBM payments for drugs must be limited to ingredient cost and a professional dispensing fee, passed through entirely to pharmacies. Administrative fees for PBMs must reflect fair market value. Any 'spread pricing' (where the PBM charges the state more than it pays the pharmacy) is disallowed for federal matching payments. PBMs must also provide detailed cost and payment information to states and the Secretary of HHS.

Division C, Title II, Sec. 224

Medicare Coverage of Multi-Cancer Early Detection Screening Tests

prominently featuredmoderately complex

This section amends the Social Security Act to provide Medicare coverage for 'multi-cancer early detection screening tests' (MCEDs) beginning January 1, 2029. These tests must be FDA-cleared/approved, genomic sequencing blood tests or comparable, and determined by the Secretary of HHS to be reasonable and necessary for prevention/early detection. Payment amounts are set initially at the level of multi-target stool screening DNA tests, with a shift to market-based rates later. Limitations apply based on age (starting at 65, increasing annually) and frequency (not within 11 months of a previous test), but these limitations do not apply if the test receives an A or B recommendation from the USPSTF.

Division C, Title II, Sec. 227

Modernizing and Ensuring PBM Accountability (Medicare Part D)

prominently featuredhighly complex

This section introduces new requirements for Pharmacy Benefit Managers (PBMs) in Medicare Part D, effective January 1, 2028. It mandates that PBMs and their affiliates derive income only from 'bona fide service fees' (flat dollar amounts reflecting fair market value for services), with an exception for fully passed-through rebates/discounts that comply with DIR rules. PBMs must provide annual detailed reports to PDP sponsors and the Secretary of HHS on drug spending, rebates, and remuneration, including information on affiliated pharmacies and formulary placement rationales. It also grants PDP sponsors audit rights over PBMs and requires PBMs to reimburse sponsors for civil monetary penalties incurred due to PBM violations.

Division C, Title IV, Subtitle B, Sec. 411

9/11 Responder and Survivor Health Funding Corrections

mentioned in summarymoderately complex

This section amends the Public Health Service Act to adjust the funding formula for the World Trade Center Health Program (WTC Program). For fiscal years 2026 through 2040, the annual funding amount will be the previous fiscal year's amount multiplied by 1.05, and further adjusted by the ratio of WTC Program enrollees in the previous fiscal year to the fiscal year prior to that. It also mandates a report from the Secretary of HHS to Congress every three years assessing anticipated budget authority and outlays through 2090, including comparisons of funding formulas.

Division C, Title V, Subtitle A, Sec. 519

Bruce's Law: Youth Prevention and Interdepartmental Fentanyl Work Group

prominently featuredstraightforward

This section amends the SUPPORT for Patients and Communities Act to enhance youth prevention and recovery efforts, specifically by including strategies to increase education and awareness of the potency and dangers of synthetic opioids (like fentanyl-contaminated drugs). It also establishes a 'Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs' within the Interdepartmental Substance Use Disorders Coordinating Committee. This Work Group will examine federal efforts, identify strategies for state/tribal responses, coordinate public awareness campaigns, and make recommendations to Congress, with a focus on youth.

Division C, Title VI, Subtitle B, Sec. 625

Strategic National Stockpile and Material Threats Enhancements

prominently featuredmoderately complex

This section strengthens the Strategic National Stockpile (SNS) by requiring a detailed annual review of inventory and risk mitigation strategies, including tracking progress on closing gaps. It mandates that SNS management policies be regularly reviewed and updated to reflect best practices and requires the use of tools for timely and accurate tracking of stockpile contents during deployment. It also requires communication to vendors about contract modifications within 30 days and extends the authorization of appropriations for the SNS through fiscal year 2026.

Division C, Title VI, Subtitle B, Sec. 629A

Limitation Related to Countries of Concern Conducting Certain Research

mentioned in summarymoderately complex

This section amends the PREVENT Pandemics Act to prohibit the Secretary of Health and Human Services from funding research involving the creation, transfer, and use of enhanced pathogens of pandemic potential or listed biological agents/toxins if such research is conducted by a foreign entity at a facility in a 'country of concern.' Initial countries of concern are China, North Korea, Russia, and Iran, with the Director of National Intelligence able to add others based on evidence of malicious intent. A waiver for this prohibition is available from the President during initial responses to novel outbreaks, with Congressional notification.

Division C, Title VII, Sec. 710

DeOndra Dixon INCLUDE Project (Down Syndrome Research)

mentioned in summarystraightforward

This section establishes the 'INvestigation of Co-occurring conditions across the Lifespan to Understand Down syndromE Project' (INCLUDE Project) within the NIH. It mandates a program of research, training, and investigation related to Down syndrome, focusing on high-risk/high-reward research, expanding clinical trials, studying biological mechanisms, improving diagnosis/treatment of co-occurring conditions (like Alzheimer's), and enhancing quality of life for individuals with Down syndrome and their families. The NIH Director must ensure coordination, prioritize non-duplicative research, consult stakeholders, and submit biennial reports to Congress.

Division C, Title IX, Sec. 901

Oversight of Pharmacy Benefit Management Services (Private Health Plans)

prominently featuredhighly complex

This section mandates that for plan years beginning 30 months after enactment, group health plans and health insurance issuers (or their PBMs) cannot contract with an 'applicable entity' unless that entity agrees to disclose information and not limit or delay disclosure to the plan. It requires PBMs to submit semi-annual reports to group health plans with detailed information on drug costs, contracted compensation, rebates, and remuneration, broken down by drug and therapeutic class. It includes specific reporting for plans offered by large employers or large plans, and for PBMs with affiliated pharmacies. Violations are subject to civil monetary penalties by the Secretary of HHS, Labor, or Treasury.

Division C, Title IX, Sec. 902

Full Rebate Pass Through to Plan; Exception for Innocent Plan Fiduciaries

prominently featuredhighly complex

This section amends ERISA to require that, for plan years beginning 30 months after enactment, contracts for pharmacy benefit management services between covered plans and service providers are only 'reasonable' if the PBM remits 100% of rebates, fees, alternative discounts, and other remuneration related to drug utilization or spending to the group health plan or health insurance issuer. These remittances must be quarterly, fully disclosed, and auditable. It also creates an exception for 'innocent plan fiduciaries' from certain prohibited transaction rules if they reasonably believed remittances were made, requested them upon discovery of failure, and notified the Secretary if the PBM failed to comply.

Division C, Title IX, Sec. 904

Title 35 Amendments (Biologics Patent Litigation)

buried in fine printhighly complex

This section amends Title 35 of the U.S. Code (patent law) to limit the number of patents a reference product sponsor (innovator biologic company) can assert in an infringement action against a biosimilar applicant under the Biologics Price Competition and Innovation Act (BPCIA). The limit is generally 20 patents, with no more than 10 issued after a specific date related to the BPCIA information exchange. The court may increase this limit under certain conditions, such as if the biosimilar applicant failed to provide required information or if there's a material change to the biosimilar product. This limitation applies only if the biosimilar applicant completes all required information exchange actions.

FOUND

Prohibits the EPA Administrator or Secretary of Commerce from exercising authority under this section or its amendments if it would require a State, local government, or Indian Tribe to carry out an unfunded mandate.

Division A, Sec. 101(g)(1)

Why it matters:This is standard legislative practice to address concerns about unfunded mandates, often included to garner broader support by reassuring state and local governments.

Case for: Ensures that new federal environmental initiatives do not impose undue financial burdens on state, local, and tribal governments without corresponding federal funding, protecting their fiscal autonomy.

Case against: Could limit the effectiveness or scope of federal environmental programs if states or localities choose not to participate due to lack of funding, potentially hindering national environmental goals.

Estimated impact: Potentially significant, as it could determine the extent of state and local participation in new recycling and composting programs.

FOUND

Amends the Clean Air Act to allow a fuel or fuel additive to be introduced into commerce if it meets RVP requirements under subsection (h), even if it has a waiver under subparagraph (A) but exceeds its RVP limitation. Specifically, it applies the Reid Vapor Pressure limitation established by paragraph (4) (for 10-15% ethanol blends) to all fuel blends containing 10 to 15 percent denatured anhydrous ethanol in certain states, even if the state's governor had previously requested a stricter limitation.

Division A, Sec. 105(b)(1)(C)

Why it matters:This is a technical adjustment to a complex regulatory regime, likely intended to resolve a specific issue for ethanol blends without drawing broad attention to a potentially contentious environmental regulation change.

Case for: Standardizes the RVP treatment for E10-E15 blends, providing regulatory certainty and expanding market access for ethanol, which proponents argue can lower fuel costs and support the agricultural sector.

Case against: Could be seen by environmental groups as weakening air quality standards by allowing higher RVP fuels in certain areas, potentially contributing to ozone pollution during warmer months.

Estimated impact: Significant impact on the ethanol market and potentially on air quality in specific regions.

FOUND

Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to modify Medicare sequestration. For the first two months of fiscal year 2033, the payment reduction will be 2.0 percent, but for the last 10 months of that fiscal year, the payment reduction will be 0 percent.

Division C, Title II, Sec. 229

Why it matters:This is a common legislative tactic to adjust future budget constraints, often used to offset other spending or to provide relief to healthcare providers in a future period without impacting current budget baselines significantly.

Case for: Provides future relief to Medicare providers from sequestration cuts, ensuring financial stability for healthcare services. The delayed effect allows for long-term planning.

Case against: Delays or reduces deficit reduction measures, potentially contributing to long-term federal debt. The specific timing could be seen as a way to avoid immediate fiscal accountability.

Estimated impact: Potentially billions of dollars in Medicare payments for fiscal year 2033, depending on the baseline spending.

FOUND

Amends Title 35 of the U.S. Code to limit the number of patents a reference product sponsor can assert in an infringement action against a biosimilar applicant to generally 20 patents, with specific conditions and exceptions. This aims to streamline litigation under the Biologics Price Competition and Innovation Act (BPCIA).

Division C, Title IX, Sec. 904

Why it matters:This is a policy rider designed to address a specific, complex legal issue within the pharmaceutical industry, often attached to broader bills to ensure passage due to its niche nature and significant industry impact.

Case for: Accelerates the market entry of biosimilar drugs by reducing the ability of innovator companies to create 'patent thickets' and prolong litigation, thereby increasing competition and lowering drug costs for patients and the healthcare system.

Case against: Undermines intellectual property protections for innovator biologic companies, potentially disincentivizing costly research and development into new, life-saving biologics by reducing the return on investment.

Estimated impact: Potentially billions of dollars in drug cost savings and significant shifts in market dynamics for biologic drugs over the long term.

About this analysis. AI-Generated from the official bill text and available committee reports. Gaps in available data are noted explicitly. Verify important details with the official Congress.gov record.

On this page

  • Executive summary
  • Key provisions
  • Buried treasure
  • Follow the money
  • Critical analysis
  • Questions to ask
  • Implementation
  • Political analysis
  • Riders
  • Tactical maneuvers
  • Process critique
  • Transparency
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