Division O — Other Matters

114th Congress · Approved Dec 18, 2015 · 129 Stat. 2242

DIVISION O Other Matters

SEC. 1. Table of Contents.

The table of contents for this division is as follows:

Sec. 1. Table of contents.

TITLE I— OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY

Sec. 101. Oil Exports, Safety Valve, and Maritime Security.

TITLE II— TERRORIST TRAVEL PREVENTION AND VISA WAIVER PROGRAM REFORM

Sec. 201. Short title.

Sec. 202. Electronic passport requirement.

Sec. 203. Restriction on use of visa waiver program for aliens who travel to certain countries.

Sec. 204. Designation requirements for program countries.

Sec. 205. Reporting requirements.

Sec. 206. High risk program countries.

Sec. 207. Enhancements to the electronic system for travel authorization.

Sec. 208. Provision of assistance to non-program countries.

Sec. 209. Clerical amendments.

Sec. 210. Sense of Congress.

TITLE III— JAMES ZADROGA 9/11 HEALTH AND COMPENSATION REAUTHORIZATION ACT

Sec. 301. Short title.

Sec. 302. Reauthorizing the World Trade Center Health Program.

TITLE IV— JAMES ZADROGA 9/11 VICTIM COMPENSATION FUND REAUTHORIZATION

Sec. 401. Short title.

Sec. 402. Reauthorizing the September 11th Victim Compensation Fund of 2001.

Sec. 403. Amendment to exempt programs.

Sec. 404. Compensation for United States Victims of State Sponsored Terrorism Act.

Sec. 405. Budgetary provisions.

TITLE V— MEDICARE AND MEDICAID PROVISIONS

Sec. 501. Medicare Improvement Fund.

Sec. 502. Medicare payment incentive for the transition from traditional x-ray imaging to digital radiography and other Medicare imaging payment provision.

Sec. 503. Limiting Federal Medicaid reimbursement to States for durable medical equipment (DME) to Medicare payment rates.

Sec. 504. Treatment of disposable devices.

TITLE VI— PUERTO RICO

Sec. 601. Modification of Medicare inpatient hospital payment rate for Puerto Rico hospitals.

Sec. 602. Application of Medicare HITECH payments to hospitals in Puerto Rico.

TITLE VII— FINANCIAL SERVICES

Sec. 701. Table of contents.

Sec. 702. Limitations on sale of preferred stock.

Sec. 703. Confidentiality of information shared between State and Federal financial services regulators.

Sec. 704. Application of FACA.

Sec. 705. Treatment of affiliate transactions.

Sec. 706. Ensuring the protection of insurance policyholders.

Sec. 707. Limitation on SEC funds.

Sec. 708. Elimination of reporting requirement.

Sec. 709. Extension of Hardest Hit Fund; Termination of Home Affordable Modification Program.

TITLE VIII— LAND AND WATER CONSERVATION FUND

Sec. 801. Land and Water Conservation Fund.

TITLE IX— NATIONAL OCEANS AND COASTAL SECURITY

Sec. 901. Short title.

Sec. 902. Definitions.

Sec. 903. Purposes and agreements.

Sec. 904. National Oceans and Coastal Security Fund.

Sec. 905. Eligible uses.

Sec. 906. Grants.

Sec. 907. Annual report.

Sec. 908. Funding.

TITLE X— BUDGETARY PROVISIONS

Sec. 1001. Budgetary effects.

Sec. 1002. Authority to make adjustment in FY 2016 allocation.

Sec. 1003. Estimates.

TITLE XI— IRAQ LOAN AUTHORITY

Sec. 1101. Iraq loan authority.

TITLE I Oil Exports, Safety Valve, and Maritime Security

SEC. 101. Oil Exports, Safety Valve, and Maritime Security.

(a)

Repeal.— Section 103 of the Energy Policy and Conservation Act (42 U.S.C. 6212) and the item relating thereto in the table of contents of that Act are repealed.

(b)

National Policy on Oil Export Restriction.— Notwithstanding any other provision of law, except as provided in subsections (c) and (d), to promote the efficient exploration, production, storage, supply, marketing, pricing, and regulation of energy resources, including fossil fuels, no official of the Federal Government shall impose or enforce any restriction on the export of crude oil.

(c)

Savings Clause.— Nothing in this section limits the authority of the President under the Constitution, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or regulations issued under that Act (other than section 754.2 of title 15, Code of Federal Regulations), the National Emergencies Act (50 U.S.C. 1601 et seq.), part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.), the Trading With the Enemy Act (50 U.S.C. App. 1 et seq.), or any other provision of law that imposes sanctions on a foreign person or foreign government (including any provision of law that prohibits or restricts United States persons from engaging in a transaction with a sanctioned person or government), including a foreign government that is designated as a state sponsor of terrorism, to prohibit exports.

(d)

Exceptions and Presidential Authority.—

(1)

In general.— The President may impose export licensing requirements or other restrictions on the export of crude oil from the United States for a period of not more than 1 year, if—

(A)

the President declares a national emergency and formally notices the declaration of a national emergency in the Federal Register;

(B)

the export licensing requirements or other restrictions on the export of crude oil from the United States under this subsection apply to 1 or more countries, persons, or organizations in the context of sanctions or trade restrictions imposed by the United States for reasons of national security by the Executive authority of the President or by Congress; or

(C)

the Secretary of Commerce, in consultation with the Secretary of Energy, finds and reports to the President that—

(i)

the export of crude oil pursuant to this Act has caused sustained material oil supply shortages or sustained oil prices significantly above world market levels that are directly attributable to the export of crude oil produced in the United States; and

(ii)

those supply shortages or price increases have caused or are likely to cause sustained material adverse employment effects in the United States.

(2)

Renewal.— Any requirement or restriction imposed pursuant to subparagraph (A) of paragraph (1) may be renewed for 1 or more additional periods of not more than 1 year each.

(e)

National Defense Sealift Enhancement.—

(1)

Payments.— Section 53106(a)(1) of title 46, United States Code, is amended—

(A)

in subparagraph (B), by striking the comma before “ for each”;

(B)

in subparagraph (C), by striking “ 2015, 2016, 2017, and 2018;” and inserting “ and 2015;”;

(C)

by redesignating subparagraph (E) as subparagraph (G); and

(D)

by striking subparagraph (D) and inserting the following:

“(D) $4,999,950 for fiscal year 2017;

“(E) $5,000,000 for each of fiscal years 2018, 2019, and 2020;

“(F) $5,233,463 for fiscal year 2021; and”

(2)

Authorization of appropriations.— Section 53111 of title 46, United States Code, is amended—

(A)

in paragraph (3), by striking “ 2015, 2017, and 2018;” and inserting “ and 2015”;

(B)

by redesignating paragraph (5) as paragraph (7); and

(C)

by striking paragraph (4) and inserting the following:

“(4) $299,997,000 for fiscal year 2017;

“(5) $300,000,000 for each of fiscal years 2018, 2019, and 2020;

“(6) $314,007,780 for fiscal year 2021; and”

TITLE II Terrorist Travel Prevention and Visa Waiver Program Reform

SEC. 201. Short Title.

This title may be cited as the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015”.

SEC. 202. Electronic Passport Requirement.

(a)

Requirement for Alien to Possess Electronic Passport.— Section 217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) is amended to read as follows:

“(3) Passport requirements.—The alien, at the time of application for admission, is in possession of a valid unexpired passport that satisfies the following:

“(A) Machine readable.—The passport is a machine-readable passport that is tamper-resistant, incorporates document authentication identifiers, and otherwise satisfies the internationally accepted standard for machine readability.

“(B) Electronic.—Beginning on April 1, 2016, the passport is an electronic passport that is fraud-resistant, contains relevant biographic and biometric information (as determined by the Secretary of Homeland Security), and otherwise satisfies internationally accepted standards for electronic passports.”

(b)

Requirement for Program Country to Validate Passports.— Section 217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(B)) is amended to read as follows:

“(B) Passport program.—

“(i) Issuance of passports.—The government of the country certifies that it issues to its citizens passports described in subparagraph (A) of subsection (a)(3), and on or after April 1, 2016, passports described in subparagraph (B) of subsection (a)(3).

“(ii) Validation of passports.—Not later than October 1, 2016, the government of the country certifies that it has in place mechanisms to validate passports described in subparagraphs (A) and (B) of subsection (a)(3) at each key port of entry into that country. This requirement shall not apply to travel between countries which fall within the Schengen Zone.”

(c)

Conforming Amendment.— Section 303(c) of the Enhanced Border Security and Visa Entry Reform Act of 2002 is repealed (8 U.S.C. 1732(c)).

SEC. 203. Restriction on Use of Visa Waiver Program for Aliens Who Travel to Certain Countries.

Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 1187(a)), as amended by this Act, is further amended by adding at the end the following:

“(12) Not present in iraq, syria, or any other country or area of concern.—

“(A) In general.—Except as provided in subparagraphs (B) and (C)—

“(i) the alien has not been present, at any time on or after March 1, 2011—

“(I) in Iraq or Syria;

“(II) in a country that is designated by the Secretary of State under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405) (as continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), section 40 of the Arms Export Control Act (22 U.S.C. 2780), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or any other provision of law, as a country, the government of which has repeatedly provided support of acts of international terrorism; or

“(III) in any other country or area of concern designated by the Secretary of Homeland Security under subparagraph (D); and

“(ii) regardless of whether the alien is a national of a program country, the alien is not a national of—

“(I) Iraq or Syria;

“(II) a country that is designated, at the time the alien applies for admission, by the Secretary of State under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405) (as continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), section 40 of the Arms Export Control Act (22 U.S.C. 2780), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or any other provision of law, as a country, the government of which has repeatedly provided support of acts of international terrorism; or

“(III) any other country that is designated, at the time the alien applies for admission, by the Secretary of Homeland Security under subparagraph (D).

“(B) Certain military personnel and government employees.—Subparagraph (A)(i) shall not apply in the case of an alien if the Secretary of Homeland Security determines that the alien was present—

“(i) in order to perform military service in the armed forces of a program country; or

“(ii) in order to carry out official duties as a full time employee of the government of a program country.

“(C) Waiver.—The Secretary of Homeland Security may waive the application of subparagraph (A) to an alien if the Secretary determines that such a waiver is in the law enforcement or national security interests of the United States.

“(D) Countries or areas of concern.—

“(i) In general.—Not later than 60 days after the date of the enactment of this paragraph, the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall determine whether the requirement under subparagraph (A) shall apply to any other country or area.

“(ii) Criteria.—In making a determination under clause (i), the Secretary shall consider—

“(I) whether the presence of an alien in the country or area increases the likelihood that the alien is a credible threat to the national security of the United States;

“(II) whether a foreign terrorist organization has a significant presence in the country or area; and

“(III) whether the country or area is a safe haven for terrorists.

“(iii) Annual review.—The Secretary shall conduct a review, on an annual basis, of any determination made under clause (i).

“(E) Report.—Beginning not later than one year after the date of the enactment of this paragraph, and annually thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate a report on each instance in which the Secretary exercised the waiver authority under subparagraph (C) during the previous year.”

SEC. 204. Designation Requirements for Program Countries.

(a)

Reporting Lost and Stolen Passports.— Section 217(c)(2)(D) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(D)), as amended by this Act, is further amended by striking “ within a strict time limit” and inserting “ not later than 24 hours after becoming aware of the theft or loss”.

(b)

Interpol Screening.— Section 217(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)), as amended by this Act, is further amended by adding at the end the following:

“(G) Interpol screening.—Not later than 270 days after the date of the enactment of this subparagraph, except in the case of a country in which there is not an international airport, the government of the country certifies to the Secretary of Homeland Security that, to the maximum extent allowed under the laws of the country, it is screening, for unlawful activity, each person who is not a citizen or national of that country who is admitted to or departs that country, by using relevant databases and notices maintained by Interpol, or other means designated by the Secretary of Homeland Security. This requirement shall not apply to travel between countries which fall within the Schengen Zone.”

(c)

Implementation of Passenger Information Exchange Agreement.— Section 217(c)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(F)), as amended by this Act, is further amended by inserting before the period at the end the following: “ , and fully implements such agreement”.

(d)

Termination of Designation.— Section 217(f) of the Immigration and Nationality Act (8 U.S.C. 1187(f)) is amended by adding at the end the following:

“(6) Failure to share information.—

“(A) In general.—If the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not sharing information, as required by subsection (c)(2)(F), the Secretary of Homeland Security shall terminate the designation of the country as a program country.

“(B) Redesignation.—In the case of a termination under this paragraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the country is sharing information, as required by subsection (c)(2)(F).

“(7) Failure to screen.—

“(A) In general.—Beginning on the date that is 270 days after the date of the enactment of this paragraph, if the Secretary of Homeland Security and the Secretary of State jointly determine that the program country is not conducting the screening required by subsection (c)(2)(G), the Secretary of Homeland Security shall terminate the designation of the country as a program country.

“(B) Redesignation.—In the case of a termination under this paragraph, the Secretary of Homeland Security shall redesignate the country as a program country, without regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland Security, in consultation with the Secretary of State, determines that the country is conducting the screening required by subsection (c)(2)(G).”

SEC. 205. Reporting Requirements.

(a)

In General.— Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)), as amended by this Act, is further amended—

(1)

in paragraph (2)(C)(iii)—

(A)

by striking “ and the Committee on International Relations” and inserting “ , the Committee on Foreign Affairs, and the Committee on Homeland Security”; and

(B)

by striking “ and the Committee on Foreign Relations” and inserting “ , the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs”; and

(2)

in paragraph (5)(A)(i)—

(A)

in subclause (III)—

(i)

by inserting after “ the Committee on Foreign Affairs,” the following: “ the Permanent Select Committee on Intelligence,”;

(ii)

by inserting after “ the Committee on Foreign Relations,” the following: “ the Select Committee on Intelligence”; and

(iii)

by striking “ and” at the end;

(B)

in subclause (IV), by striking the period at the end and inserting the following: “ ; and”; and

(C)

by adding at the end the following:

“(V) shall submit to the committees described in subclause (III), a report that includes an assessment of the threat to the national security of the United States of the designation of each country designated as a program country, including the compliance of the government of each such country with the requirements under subparagraphs (D) and (F) of paragraph (2), as well as each such government’s capacity to comply with such requirements.”

(b)

Date of Submission of First Report.— The Secretary of Homeland Security shall submit the first report described in subclause (V) of section 217(c)(5)(A)(i) of the Immigration and Nationality Act (8 U.S.C. (c)(5)(A)(i)), as added by subsection (a), not later than 90 days after the date of the enactment of this Act.

SEC. 206. High Risk Program Countries.

Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)), as amended by this Act, is further amended by adding at the end the following:

“(12) Designation of high risk program countries.—

“(A) In general.—The Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall evaluate program countries on an annual basis based on the criteria described in subparagraph (B) and shall identify any program country, the admission of nationals from which under the visa waiver program under this section, the Secretary determines presents a high risk to the national security of the United States.

“(B) Criteria.—In evaluating program countries under subparagraph (A), the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall consider the following criteria:

“(i) The number of nationals of the country determined to be ineligible to travel to the United States under the program during the previous year.

“(ii) The number of nationals of the country who were identified in United States Government databases related to the identities of known or suspected terrorists during the previous year.

“(iii) The estimated number of nationals of the country who have traveled to Iraq or Syria at any time on or after March 1, 2011 to engage in terrorism.

“(iv) The capacity of the country to combat passport fraud.

“(v) The level of cooperation of the country with the counter-terrorism efforts of the United States.

“(vi) The adequacy of the border and immigration control of the country.

“(vii) Any other criteria the Secretary of Homeland Security determines to be appropriate.

“(C) Suspension of designation.—The Secretary of Homeland Security, in consultation with the Secretary of State, may suspend the designation of a program country based on a determination that the country presents a high risk to the national security of the United States under subparagraph (A) until such time as the Secretary determines that the country no longer presents such a risk.

“(D) Report.—Not later than 60 days after the date of the enactment of this paragraph, and annually thereafter, the Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate a report, which includes an evaluation and threat assessment of each country determined to present a high risk to the national security of the United States under subparagraph (A).”

SEC. 207. Enhancements to the Electronic System for Travel Authorization.

(a)

In General.— Section 217(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)) is amended—

(1)

in subparagraph (C)(i), by inserting after “ any such determination” the following: “ or shorten the period of eligibility under any such determination”;

(2)

by striking subparagraph (D) and inserting the following:

“(D) Fraud detection.—The Secretary of Homeland Security shall research opportunities to incorporate into the System technology that will detect and prevent fraud and deception in the System.

“(E) Additional and previous countries of citizenship.—The Secretary of Homeland Security shall collect from an applicant for admission pursuant to this section information on any additional or previous countries of citizenship of that applicant. The Secretary shall take any information so collected into account when making determinations as to the eligibility of the alien for admission pursuant to this section.

“(F) Report on certain limitations on travel.—Not later than 30 days after the date of the enactment of this subparagraph and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate a report on the number of individuals who were denied eligibility to travel under the program, or whose eligibility for such travel was revoked during the previous year, and the number of such individuals determined, in accordance with subsection (a)(6), to represent a threat to the national security of the United States, and shall include the country or countries of citizenship of each such individual.”

(b)

Report.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate a report on steps to strengthen the electronic system for travel authorization authorized under section 217(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3))) in order to better secure the international borders of the United States and prevent terrorists and instruments of terrorism from entering the United States.

SEC. 208. Provision of Assistance to Non-Program Countries.

The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide assistance in a risk-based manner to countries that do not participate in the visa waiver program under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) to assist those countries in—

(1)

submitting to Interpol information about the theft or loss of passports of citizens or nationals of such a country; and

(2)

issuing, and validating at the ports of entry of such a country, electronic passports that are fraud-resistant, contain relevant biographic and biometric information (as determined by the Secretary of Homeland Security), and otherwise satisfy internationally accepted standards for electronic passports.

SEC. 209. Clerical Amendments.

(a)

Secretary of Homeland Security.— Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), as amended by this Act, is further amended by striking “ Attorney General” each place such term appears (except in subsection (c)(11)(B)) and inserting “ Secretary of Homeland Security”.

(b)

Electronic System for Travel Authorization.— Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187), as amended this Act, is further amended—

(1)

by striking “ electronic travel authorization system” each place it appears and inserting “ electronic system for travel authorization”;

(2)

in the heading in subsection (a)(11), by striking “ electronic travel authorization system” and inserting “ electronic system for travel authorization”; and

(3)

in the heading in subsection (h)(3), by striking “ electronic travel authorization system” and inserting “ electronic system for travel authorization”.

SEC. 210. Sense of Congress.

It is the sense of Congress that the International Civil Aviation Organization, the specialized agency of the United Nations responsible for establishing international standards, specifications, and best practices related to the administration and governance of border controls and inspection formalities, should establish standards for the introduction of electronic passports (referred to in this section as “e-passports”), and obligate member countries to utilize such e-passports as soon as possible. Such e-passports should be a combined paper and electronic passport that contains biographic and biometric information that can be used to authenticate the identity of travelers through an embedded chip.

TITLE III James Zadroga 9/11 Health and Compensation Reauthorization Act

SEC. 301. Short Title.

This title may be cited as the “James Zadroga 9/11 Health and Compensation Reauthorization Act”.

SEC. 302. Reauthorizing the World Trade Center Health Program.

(a)

World Trade Center Health Program Fund.— Section 3351 of the Public Health Service Act (42 U.S.C. 300mm–61) is amended—

(1)

in subsection (a)—

(A)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A), by striking “ each of fiscal years 2012” and all that follows through “ 2011)” and inserting “ fiscal year 2016 and each subsequent fiscal year through fiscal year 2090”; and

(ii)

by striking subparagraph (A) and inserting the following:

“(A) the Federal share, consisting of an amount equal to—

“(i) for fiscal year 2016, $330,000,000;

“(ii) for fiscal year 2017, $345,610,000;

“(iii) for fiscal year 2018, $380,000,000;

“(iv) for fiscal year 2019, $440,000,000;

“(v) for fiscal year 2020, $485,000,000;

“(vi) for fiscal year 2021, $501,000,000;

“(vii) for fiscal year 2022, $518,000,000;

“(viii) for fiscal year 2023, $535,000,000;

“(ix) for fiscal year 2024, $552,000,000;

“(x) for fiscal year 2025, $570,000,000; and

“(xi) for each subsequent fiscal year through fiscal year 2090, the amount specified under this subparagraph for the previous fiscal year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) as estimated by the Secretary for the 12-month period ending with March of the previous year; plus”

; and

(B)

by striking paragraph (4) and inserting the following:

“(4) Amounts from prior fiscal years.—Amounts that were deposited, or identified for deposit, into the Fund for any fiscal year under paragraph (2), as such paragraph was in effect on the day before the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, that were not expended in carrying out this title for any such fiscal year, shall remain deposited, or be deposited, as the case may be, into the Fund.

“(5) Amounts to remain available until expended.—Amounts deposited into the Fund under this subsection, including amounts deposited under paragraph (2) as in effect on the day before the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, for a fiscal year shall remain available, for the purposes described in this title, until expended for such fiscal year and any subsequent fiscal year through fiscal year 2090.”

(2)

in subsection (b)(1), by striking “ sections 3302(a)” and all that follows through “ 3342” and inserting “ sections 3301(e), 3301(f), 3302(a), 3302(b), 3303, 3304, 3305(a)(1), 3305(a)(2), 3305(c), 3341, and 3342”; and

(3)

in subsection (c)—

(A)

in paragraph (1)—

(i)

by striking subparagraph (B);

(ii)

by redesignating subparagraph (C) as subparagraph (B); and

(iii)

by amending subparagraph (A) to read as follows:

“(A) for fiscal year 2016, the amount determined for such fiscal year under subparagraph (C) as in effect on the day before the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act; and”

(B)

in paragraph (2)—

(i)

by amending subparagraph (A) to read as follows:

“(A) for fiscal year 2016, $200,000;”

(ii)

by striking subparagraph (B); and

(iii)

by redesignating subparagraph (C) as subparagraph (B);

(C)

in paragraph (3), by striking “ section 3303” and all that follows and inserting “ section 3303, for fiscal year 2016 and each subsequent fiscal year, $750,000.”;

(D)

in paragraph (4), by striking subparagraphs (A) and (B) and inserting the following:

“(B) for fiscal year 2017, $15,000,000; and”

(E)

in paragraph (5)—

(i)

by striking subparagraph (B);

(ii)

by redesignating subparagraph (C) as subparagraph (B); and

(iii)

by amending subparagraph (A) to read as follows:

; and

(F)

in paragraph (6)—

(i)

by striking subparagraph (B);

(ii)

by redesignating subparagraph (C) as subparagraph (B); and

(iii)

by amending subparagraph (A) to read as follows:

(b)

GAO Studies; Regulations; Termination.— Section 3301 of the Public Health Service Act (42 U.S.C. 300mm) is amended by adding at the end the following:

“(i) GAO Studies.—

“(1) Report.—Not later than 18 months after the date of the enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that assesses, with respect to the WTC Program, the effectiveness of each of the following:

“(A) The quality assurance program developed and implemented under subsection (e).

“(B) The procedures for providing certifications of coverage of conditions as WTC-related health conditions for enrolled WTC responders under section 3312(b)(2)(B)(iii) and for screening-eligible WTC survivors and certified-eligible WTC survivors under such section as applied under section 3322(a).

“(C) Any action under the WTC Program to ensure appropriate payment (including the avoidance of improper payments), including determining the extent to which individuals enrolled in the WTC Program are eligible for workers compensation or sources of health coverage, ascertaining the liability of such compensation or sources of health coverage, and making recommendations for ensuring effective and efficient coordination of benefits for individuals enrolled in the WTC Program that does not place an undue burden on such individuals.

“(2) Subsequent assessments.—Not later than 6 years and 6 months after the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, and every 5 years thereafter through fiscal year 2042, the Comptroller General of the United States shall—

“(A) consult the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the objectives in assessing the WTC Program; and

“(B) prepare and submit to such Committees a report that assesses the WTC Program for the applicable reporting period, including the objectives described in subparagraph (A).

“(j) Regulations.—The WTC Program Administrator is authorized to promulgate such regulations as the Administrator determines necessary to administer this title.

“(k) Termination.—The WTC Program shall terminate on October 1, 2090.”

(c)

Clinical Centers of Excellence and Data Centers.— Section 3305 of the Public Health Service Act (42 U.S.C. 300mm–4) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1)(B), by inserting “ and retention” after “ outreach”; and

(B)

in paragraph (2)(A)(iii), by inserting “ and retention” after “ outreach”; and

(2)

in subsection (b)(1)(B)(vi), by striking “ section 3304(c)” and inserting “ section 3304(d)”.

(d)

World Trade Center Responders.— Section 3311(a)(4)(B)(i)(II) of the Public Health Service Act (42 U.S.C. 300mm–21(a)(4)(B)(i)(II)) is amended by striking “ through the end of fiscal year 2020”.

(e)

Additions to List of Health Conditions for WTC Responders.—

(1)

Expanding time for actions by administrator and by advisory committee.— Section 3312(a)(6) of the Public Health Service Act (42 U.S.C. 300mm–22(a)(6)) is amended—

(A)

in subparagraph (B), in the matter preceding clause (i), by striking “ 60 days” and inserting “ 90 days”; and

(B)

in subparagraph (C), by striking “ 60 days” each place such term appears and inserting “ 90 days”.

(2)

Peer review for decisions; enhanced role of advisory committee.— Section 3312(a)(6) of the Public Health Service Act (42 U.S.C. 300mm–22(a)(6)), as amended by paragraph (1), is further amended by adding at the end the following:

“(F) Independent peer reviews.—Prior to issuing a final rule to add a health condition to the list in paragraph (3), the WTC Program Administrator shall provide for an independent peer review of the scientific and technical evidence that would be the basis for issuing such final rule.

“(G) Additional advisory committee recommendations.—

“(i) Program policies.—

“(I) Existing policies.—Not later than 1 year after the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, the WTC Program Administrator shall request the Advisory Committee to review and evaluate the policies and procedures, in effect at the time of the review and evaluation, that are used to determine whether sufficient evidence exists to support adding a health condition to the list in paragraph (3).

“(II) Subsequent policies.—Prior to establishing any substantive new policy or procedure used to make the determination described in subclause (I) or prior to making any substantive amendment to any policy or procedure described in such subclause, the WTC Program Administrator shall request the Advisory Committee to review and evaluate such substantive policy, procedure, or amendment.

“(ii) Identification of individuals conducting independent peer reviews.—Not later than 1 year after the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act and not less than every 2 years thereafter, the WTC Program Administrator shall seek recommendations from the Advisory Committee regarding the identification of individuals to conduct the independent peer reviews under subparagraph (F).”

(f)

World Trade Center Survivors.— Section 3321(a)(3)(B)(i)(II) of the Public Health Service Act (42 U.S.C. 300mm–31(a)(3)(B)(i)(II)) is amended by striking “ through the end of fiscal year 2020”.

(g)

Payment of Claims.— Section 3331(d)(1)(B) of the Public Health Service Act (42 U.S.C. 300mm–41(d)(1)(B)) is amended—

(1)

by striking “ the last calendar quarter” and all that follows through “ 2015” and inserting “ each calendar quarter of fiscal year 2016 and of each subsequent fiscal year through fiscal year 2090,”; and

(2)

by striking “ and with respect to calendar quarters in fiscal year 2016” and all that follows and inserting a period.

(h)

World Trade Center Health Registry.— Section 3342 of the Public Health Service Act (42 U.S.C. 300mm–52) is amended by striking “ April 20, 2009” and inserting “ January 1, 2015”.

TITLE IV James Zadroga 9/11 Victim Compensation Fund Reauthorization

SEC. 401. Short Title.

This title may be cited as the “James Zadroga 9/11 Victim Compensation Fund Reauthorization Act”.

SEC. 402. Reauthorizing the September 11th Victim Compensation Fund of 2001.

(a)

Definitions.— Section 402 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended—

(1)

in paragraph (9)—

(A)

by striking “ medical expense loss,”; and

(B)

by striking “ and loss of business or employment opportunities” and inserting “ loss of business or employment opportunities, and past out-of-pocket medical expense loss but not future medical expense loss”;

(2)

by redesignating paragraph (14) as paragraph (16);

(3)

by inserting after paragraph (13), the following:

“(14) WTC program administrator.—The term ‘WTC Program Administrator’ has the meaning given such term in section 3306 of the Public Health Service Act (42 U.S.C. 300mm–5).

“(15) WTC-related physical health condition.—The term ‘WTC-related physical health condition’—

“(A) means, subject to subparagraph (B), a WTC-related health condition as defined by section 3312(a) of the Public Health Service Act (42 U.S.C. 300mm–22(a)), including the conditions listed in section 3322(b) of such Act (42 U.S.C. 300mm–32(b)); and

“(B) does not include—

“(i) a mental health condition described in paragraph (1)(A)(ii) or (3)(B) of section 3312(a) of such Act (42 U.S.C. 300mm–22(a));

“(ii) any mental health condition certified under section 3312(b)(2)(B)(iii) of such Act (42 U.S.C. 300mm–22(b)(2)(B)(iii)) (including such certification as applied under section 3322(a) of such Act (42 U.S.C. 300mm–32(a));

“(iii) a mental health condition described in section 3322(b)(2) of such Act (42 U.S.C. 300mm–32(b)(2)); or

“(iv) any other mental health condition.”

; and

(4)

in paragraph (16), as redesignated by paragraph (2), by striking subparagraph (C) and inserting the following:

“(C) the area in Manhattan that is south of the line that runs along Canal Street from the Hudson River to the intersection of Canal Street and East Broadway, north on East Broadway to Clinton Street, and east on Clinton Street to the East River;”

(b)

Purpose.— Section 403 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended—

(1)

by inserting “ full” before “ compensation”; and

(2)

by inserting “ , or the rescue and recovery efforts during the immediate aftermath of such crashes” before the period.

(c)

Eligibility Requirements for Filing Claims.— Section 405 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended—

(1)

in subsection (a)(3)—

(A)

by striking subparagraph (B) and inserting the following:

“(B) Exception.—A claim may be filed under paragraph (1), in accordance with subsection (c)(3)(A)(i), by an individual (or by a personal representative on behalf of a deceased individual) during the period beginning on the date on which the regulations are updated under section 407(b)(1) and ending on the date that is 5 years after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act.

“(C) Special master determination.—

“(i) In general.—For claims filed under this title during the period described in subparagraph (B), the Special Master shall establish a system for determining whether, for purposes of this title, the claim is—

“(I) a claim in Group A, as described in clause (ii); or

“(II) a claim in Group B, as described in clause (iii).

“(ii) Group a claims.—A claim under this title is a claim in Group A if—

“(I) the claim is filed under this title during the period described in subparagraph (B); and

“(II) on or before the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master postmarks and transmits a final award determination to the claimant filing such claim.

“(iii) Group b claims.—A claim under this title is a claim in Group B if the claim—

“(I) is filed under this title during the period described in subparagraph (B); and

“(II) is not a claim described in clause (ii).

“(iv) Definition of final award determination.—For purposes of this subparagraph, the term ‘final award determination’ means a letter from the Special Master indicating the total amount of compensation to which a claimant is entitled for a claim under this title without regard to the limitation under the second sentence of section 406(d)(1), as such section was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act.”

(2)

in subsection (b)—

(A)

in paragraph (1)(B)(ii), by inserting “ subject to paragraph (7),” before “ the amount”;

(B)

in paragraph (6)—

(i)

by striking “ The Special Master” and inserting the following:

“(A) In general.—The Special Master”

; and

(ii)

by adding at the end the following:

“(B) Group b claims.—Notwithstanding any other provision of this title, in the case of a claim in Group B as described in subsection (a)(3)(C)(iii), a claimant filing such claim shall receive an amount of compensation under this title for such claim that is not greater than the amount determined under paragraph (1)(B)(ii) less the amount of any collateral source compensation that such claimant has received or is entitled to receive for such claim as a result of the terrorist-related aircraft crashes of September 11, 2001.”

; and

(C)

by adding at the end the following:

“(7) Limitations for group b claims.—

“(A) Noneconomic losses.—With respect to a claim in Group B as described in subsection (a)(3)(C)(iii), the total amount of compensation to which a claimant filing such claim is entitled to receive for such claim under this title on account of any noneconomic loss—

“(i) that results from any type of cancer shall not exceed $250,000; and

“(ii) that does not result from any type of cancer shall not exceed $90,000.

“(B) Determination of economic loss.—

“(i) In general.—Subject to the limitation described in clause (ii) and with respect to a claim in Group B as described in subsection (a)(3)(C)(iii), the Special Master shall, for purposes of calculating the amount of compensation to which a claimant is entitled under this title for such claim on account of any economic loss, determine the loss of earnings or other benefits related to employment by using the applicable methodology described in section 104.43 or 104.45 of title 28, Code of Federal Regulations, as such Code was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act.

“(ii) Annual gross income limitation.—In considering annual gross income under clause (i) for the purposes described in such clause, the Special Master shall, for each year of any loss of earnings or other benefits related to employment, limit the annual gross income of the claimant (or decedent in the case of a personal representative) for each such year to an amount that is not greater than $200,000.

“(C) Gross income defined.—For purposes of this paragraph, the term ‘gross income’ has the meaning given such term in section 61 of the Internal Revenue Code of 1986.”

; and

(3)

in subsection (c)(3)—

(A)

in subparagraph (A)—

(i)

in clause (ii), in the matter preceding subclause (I), by striking “ An individual” and inserting “ Except with respect to claims in Group B as described in subsection (a)(3)(C)(iii), an individual”;

(ii)

in clause (iii), by striking “ section 407(a)” and inserting “ section 407(b)(1)”; and

(iii)

by adding at the end the following:

“(iv) Group b claims.—

“(I) In general.—Subject to subclause (II), an individual filing a claim in Group B as described in subsection (a)(3)(C)(iii) may be eligible for compensation under this title only if the Special Master, with assistance from the WTC Program Administrator as necessary, determines based on the evidence presented that the individual has a WTC-related physical health condition, as defined by section 402 of this Act.

“(II) Personal representatives.—An individual filing a claim in Group B, as described in subsection (a)(3)(C)(iii), who is a personal representative described in paragraph (2)(C) may be eligible for compensation under this title only if the Special Master, with assistance from the WTC Program Administrator as necessary, determines based on the evidence presented that the applicable decedent suffered from a condition that was, or would have been determined to be, a WTC-related physical health condition, as defined by section 402 of this Act.”

; and

(B)

in subparagraph (C)(ii)(II), by striking “ section 407(b)” and inserting “ section 407(b)(1)”.

(d)

Payments to Eligible Individuals.— Section 406 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended—

(1)

in subsection (b), by striking “ This title” and inserting “ For the purpose of providing compensation for claims in Group A as described in section 405(a)(3)(C)(ii), this title”; and

(2)

by amending subsection (d) to read as follows:

“(d) Limitations.—

“(1) Group a claims.—

“(A) In general.—The total amount of Federal funds paid for compensation under this title, with respect to claims in Group A as described in section 405(a)(3)(C)(ii), shall not exceed $2,775,000,000.

“(B) Remainder of claim amounts.—In the case of a claim in Group A as described in section 405(a)(3)(C)(ii) and for which the Special Master has ratably reduced the amount of compensation for such claim pursuant to paragraph (2) of this subsection, as this subsection was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master shall, as soon as practicable after the date of enactment of such Act, authorize payment of the amount of compensation that is equal to the difference between—

“(i) the amount of compensation that the claimant would have been paid under this title for such claim without regard to the limitation under the second sentence of paragraph (1) of this subsection, as this subsection was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act; and

“(ii) the amount of compensation the claimant was paid under this title for such claim prior to the date of enactment of such Act.

“(2) Group b claims.—

“(A) In general.—The total amount of Federal funds paid for compensation under this title, with respect to claims in Group B as described in section 405(a)(3)(C)(iii), shall not exceed the amount of funds deposited into the Victims Compensation Fund under section 410.

“(B) Payment system.—The Special Master shall establish a system for providing compensation for claims in Group B as described in section 405(a)(3)(C)(iii) in accordance with this subsection and section 405(b)(7).

“(C) Development of agency policies and procedures.—

“(i) Development.—

“(I) In general.—Not later than 30 days after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master shall develop agency policies and procedures that meet the requirements under subclauses (II) and (III) for providing compensation for claims in Group B as described in section 405(a)(3)(C)(iii), including policies and procedures for presumptive award schedules, administrative expenses, and related internal memoranda.

“(II) Limitation.—The policies and procedures developed under subclause (I) shall ensure that total expenditures, including administrative expenses, in providing compensation for claims in Group B, as described in section 405(a)(3)(C)(iii), do not exceed the amount of funds deposited into the Victims Compensation Fund under section 410.

“(III) Prioritization.—The policies and procedures developed under subclause (I) shall prioritize claims for claimants who are determined by the Special Master as suffering from the most debilitating physical conditions to ensure, for purposes of equity, that such claimants are not unduly burdened by such policies or procedures.

“(ii) Reassessment.—Beginning 1 year after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, and each year thereafter until the Victims Compensation Fund is permanently closed under section 410(e), the Special Master shall conduct a reassessment of the agency policies and procedures developed under clause (i) to ensure that such policies and procedures continue to satisfy the requirements under subclauses (II) and (III) of such clause. If the Special Master determines, upon reassessment, that such agency policies or procedures do not achieve the requirements of such subclauses, the Special Master shall take additional actions or make such modifications as necessary to achieve such requirements.”

(e)

Regulations.— Section 407(b) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended—

(1)

by striking “ Not later than” and inserting the following:

“(1) James zadroga 9/11 health and compensation act of 2010.—Not later than”

; and

(2)

by adding at the end the following:

“(2) James zadroga 9/11 victim compensation fund reauthorization act.—Not later than 180 days after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master shall update the regulations promulgated under subsection (a), and updated under paragraph (1), to the extent necessary to comply with the amendments made by such Act.”

(f)

Victims Compensation Fund.— Title IV of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended by adding at the end the following:

“SEC. 410. VICTIMS COMPENSATION FUND.

“(a) In General.—There is established in the Treasury of the United States a fund to be known as the ‘Victims Compensation Fund’, consisting of amounts deposited into such fund under subsection (b).

“(b) Deposits Into Fund.—There shall be deposited into the Victims Compensation Fund each of the following:

“(1) Effective on the day after the date on which all claimants who file a claim in Group A, as described in section 405(a)(3)(C)(ii), have received the full compensation due such claimants under this title for such claim, any amounts remaining from the total amount made available under section 406 to compensate claims in Group A as described in section 405(a)(3)(C)(ii).

“(2) The amount appropriated under subsection (c).

“(c) Appropriations.—There is appropriated, out of any money in the Treasury not otherwise appropriated, $4,600,000,000 for fiscal year 2017, to remain available until expended, to provide compensation for claims in Group B as described in section 405(a)(3)(C)(iii).

“(d) Availability of Funds.—Amounts deposited into the Victims Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation for claims in Group B as described in section 405(a)(3)(C)(iii).

“(e) Termination.—Upon completion of all payments under this title, the Victims Compensation Fund shall be permanently closed.”

(g)

9-11 Response and Biometric Entry-Exit Fee.— Title IV of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note), as amended by subsection (f), is further amended by adding at the end the following:

“SEC. 411. 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT FEE.

“(a) Temporary L-1 Visa Fee Increase.—Notwithstanding section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) or any other provision of law, during the period beginning on the date of the enactment of this section and ending on September 30, 2025, the combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including an application for an extension of such status, shall be increased by $4,500 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are nonimmigrants admitted pursuant to subparagraph (H)(i)(b) or (L) of section 101(a)(15) of such Act.

“(b) Temporary H-1b Visa Fee Increase.—Notwithstanding section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) or any other provision of law, during the period beginning on the date of the enactment of this section and ending on September 30, 2025, the combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), including an application for an extension of such status, shall be increased by $4,000 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are such nonimmigrants or nonimmigrants described in section 101(a)(15)(L) of such Act.

“(c) 9-11 Response and Biometric Exit Account.—

“(1) Establishment.—There is established in the general fund of the Treasury a separate account, which shall be known as the ‘9–11 Response and Biometric Exit Account’.

“(2) Deposits.—

“(A) In general.—Subject to subparagraph (B), of the amounts collected pursuant to the fee increases authorized under subsections (a) and (b)—

“(i) 50 percent shall be deposited in the general fund of the Treasury; and

“(ii) 50 percent shall be deposited as offsetting receipts into the 9–11 Response and Biometric Exit Account, and shall remain available until expended.

“(B) Termination of deposits in account.—After a total of $1,000,000,000 is deposited into the 9–11 Response and Biometric Exit Account under subparagraph (A)(ii), all amounts collected pursuant to the fee increases authorized under subsections (a) and (b) shall be deposited in the general fund of the Treasury.

“(3) Use of funds.—For fiscal year 2017, and each fiscal year thereafter, amounts in the 9–11 Response and Biometric Exit Account shall be available to the Secretary of Homeland Security without further appropriation for implementing the biometric entry and exit data system described in section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b).”

(h)

Administrative Costs.— Section 1347 of the Full-Year Continuing Appropriations Act, 2011 (49 U.S.C. 40101 note) is amended—

(1)

by inserting “ and (2)” after “ (d)(1)”; and

(2)

by adding at the end the following: “ Costs for payments for compensation for claims in Group A, as described in section 405(a)(3)(C)(ii) of such Act, shall be paid from amounts made available under section 406 of such Act. Costs for payments for compensation for claims in Group B, as described in section 405(a)(3)(C)(iii) of such Act, shall be paid from amounts in the Victims Compensation Fund established under section 410 of such Act.”.

SEC. 403. Amendment to Exempt Programs.

(a)

In General.— Section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)) is amended by—

(1)

inserting after the item relating to Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service the following: “September 11th Victim Compensation Fund (15–0340–0–1–754).”;

(2)

inserting after the item relating to United States Secret Service, DC Annuity the following: “Victims Compensation Fund established under section 410 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note). “United States Victims of State Sponsored Terrorism Fund.”; and

(3)

inserting after the item relating to the Voluntary Separation Incentive Fund the following: “World Trade Center Health Program Fund (75–0946–0–1–551).”.

(b)

Applicability.— The amendments made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act.

SEC. 404. Compensation for United States Victims of State Sponsored Terrorism Act.

(a)

Short Title.— This section may be cited as the “Justice for United States Victims of State Sponsored Terrorism Act”.

(b)

Administration of the United States Victims of State Sponsored Terrorism Fund.—

(1)

Administration of the fund.—

(A)

Appointment and terms of special master.—

(i)

Initial appointment.— Not later than 60 days after the date of the enactment of this Act, the Attorney General shall appoint a Special Master. The initial term for the Special Master shall be 18 months.

(ii)

Additional terms.— Thereafter, each time there exists funds in excess of $100,000,000 in the Fund, the Attorney General shall appoint or reappoint a Special Master for such period as is appropriate, not to exceed 1 year. In addition, if there exists in the Fund funds that are less than $100,000,000, the Attorney General may appoint or reappoint a Special Master each time the Attorney General determines there are sufficient funds available in the Fund to compensate eligible claimants, for such period as is appropriate, not to exceed 1 year.

(iii)

Special master to administer compensation from the fund.— The Special Master shall administer the compensation program described in this section for United States persons who are victims of state sponsored terrorism.

(B)

Administrative costs and use of department of justice personnel.— The Special Master may utilize, as necessary, no more than 5 full-time equivalent Department of Justice personnel to assist in carrying out the duties of the Special Master under this section. Any costs associated with the use of such personnel, and any other administrative costs of carrying out this section, shall be paid from the Fund.

(C)

Compensation of special master.— The Special Master shall be compensated from the Fund at a rate not to exceed the annual rate of basic pay for level IV of the Executive Schedule, as prescribed by section 5315 of title 5, United States Code.

(2)

Publication of regulations and procedures.—

(A)

In general.— Not later than 60 days after the date of the initial appointment of the Special Master, the Special Master shall publish in the Federal Register and on a website maintained by the Department of Justice a notice specifying the procedures necessary for United States persons to apply and establish eligibility for payment, including procedures by which eligible United States persons may apply by and through their attorney. Such notice is not subject to the requirements of section 553 of title 5, United States Code.

(B)

Information regarding other sources of compensation.— As part of the procedures for United States persons to apply and establish eligibility for payment, the Special Master shall require applicants to provide the Special Master with information regarding compensation from any source other than this Fund that the claimant (or, in the case of a personal representative, the victim’s beneficiaries) has received or is entitled or scheduled to receive as a result of the act of international terrorism that gave rise to a claimant’s final judgment, including information identifying the amount, nature, and source of such compensation.

(3)

Decisions of the special master.— All decisions made by the Special Master with regard to compensation from the Fund shall be—

(A)

in writing and provided to the Attorney General, each claimant and, if applicable, the attorney for each claimant; and

(B)

final and, except as provided in paragraph (4), not subject to administrative or judicial review.

(4)

Review hearing.—

(A)

Not later than 30 days after receipt of a written decision by the Special Master, a claimant whose claim is denied in whole or in part by the Special Master may request a hearing before the Special Master pursuant to procedures established by the Special Master.

(B)

Not later than 90 days after any such hearing, the Special Master shall issue a final written decision affirming or amending the original decision. The written decision is final and nonreviewable.

(c)

Eligible Claims.—

(1)

In general.— For the purposes of this section, a claim is an eligible claim if the Special Master determines that—

(A)

the judgment holder, or claimant, is a United States person;

(B)

the claim is described in paragraph (2); and

(C)

the requirements of paragraph (3) are met.

(2)

Certain claims.— The claims referred to in paragraph (1) are claims for—

(A)

compensatory damages awarded to a United States person in a final judgment—

(i)

issued by a United States district court under State or Federal law against a state sponsor of terrorism; and

(ii)

arising from acts of international terrorism, for which the foreign state was determined not to be immune from the jurisdiction of the courts of the United States under section 1605A, or section 1605(a)(7) (as such section was in effect on January 27, 2008), of title 28, United States Code;

(B)

the sum total of $10,000 per day for each day that a United States person was taken and held hostage from the United States embassy in Tehran, Iran, during the period beginning November 4, 1979, and ending January 20, 1981, if such person is identified as a member of the proposed class in case number 1:00-CV-03110 (EGS) of the United States District Court for the District of Columbia; or

(C)

damages for the spouses and children of the former hostages described in subparagraph (B), if such spouse or child is identified as a member of the proposed class in case number 1:00-CV-03110 (EGS) of the United States Court for the District of Columbia, in the following amounts:

(i)

For each spouse of a former hostage identified as a member of the proposed class described in this subparagraph, a $600,000 lump sum.

(ii)

For each child of a former hostage identified as a member of the proposed class described in this subparagraph, a $600,000 lump sum.

(3)

Deadline for application submission.—

(A)

In general.— The deadline for submitting an application for a payment under this subsection is as follows:

(i)

Not later than 90 days after the date of the publication required under subsection (b)(2)(A), with regard to an application based on—

(I)

a final judgment described in paragraph (2)(A) obtained before that date of publication; or

(II)

a claim described in paragraph (2)(B) or (2)(C).

(ii)

Not later than 90 days after the date of obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication.

(B)

Good cause.— For good cause shown, the Special Master may grant a claimant a reasonable extension of a deadline under this paragraph.

(d)

Payments.—

(1)

To whom made.— The Special Master shall order payment from the Fund for each eligible claim of a United States person to that person or, if that person is deceased, to the personal representative of the estate of that person.

(2)

Timing of initial payments.— The Special Master shall authorize all initial payments to satisfy eligible claims under this section not later than 1 year after the date of the enactment of this Act.

(3)

Payments to be made pro rata.—

(A)

In general.—

(i)

Pro rata basis.— Except as provided in subparagraph (B) and subject to the limitations described in clause (ii), the Special Master shall carry out paragraph (1), by dividing all available funds on a pro rata basis, based on the amounts outstanding and unpaid on eligible claims, until all such amounts have been paid in full.

(ii)

Limitations.— The limitations described in this clause are as follows:

(I)

In the event that a United States person has an eligible claim that exceeds $20,000,000, the Special Master shall treat that claim as if it were for $20,000,000 for purposes of this section.

(II)

In the event that a United States person and the immediate family members of such person, have claims that if aggregated would exceed $35,000,000, the Special Master shall, for purposes of this section, reduce such claims on a pro rata basis such that in the aggregate such claims do not exceed $35,000,000.

(III)

In the event that a United States person, or the immediate family member of such person, has an eligible claim under this section and has received an award or an award determination under section 405 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note), the amount of compensation to which such person, or the immediate family member of such person, was determined to be entitled under section 405 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) shall be considered controlling for the purposes of this section, notwithstanding any compensatory damages amounts such person, or immediate family member of such person, is deemed eligible for or entitled to pursuant to a final judgment described in subsection (c)(2)(A).

(B)

Minimum payments.—

(i)

Any applicant with an eligible claim described in subsection (c)(2) who has received, or is entitled or scheduled to receive, any payment that is equal to, or in excess of, 30 percent of the total compensatory damages owed to such applicant on the applicant’s claim from any source other than this Fund shall not receive any payment from the Fund until such time as all other eligible applicants have received from the Fund an amount equal to 30 percent of the compensatory damages awarded to those applicants pursuant to their final judgments or to claims under subsection (c)(2)(B) or (c)(2)(C). For purposes of calculating the pro rata amounts for these payments, the Special Master shall not include the total compensatory damages for applicants excluded from payment by this subparagraph.

(ii)

To the extent that an applicant with an eligible claim has received less than 30 percent of the compensatory damages owed that applicant under a final judgment or claim described in subsection (c)(2) from any source other than this Fund, such applicant may apply to the Special Master for the difference between the percentage of compensatory damages the applicant has received from other sources and the percentage of compensatory damages to be awarded other eligible applicants from the Fund.

(4)

Additional payments.— On January 1 of the second calendar year that begins after the date of the initial payments described in paragraph (1) if funds are available in the Fund, the Special Master shall authorize additional payments on a pro rata basis to those claimants with eligible claims under subsection (c)(2) and shall authorize additional payments for eligible claims annually thereafter if funds are available in the Fund.

(5)

Subrogation and retention of rights.—

(A)

United states subrogated to creditor rights to the extent of payment.— The United States shall be subrogated to the rights of any person who applies for and receives payments under this section, but only to the extent and in the amount of such payments made under this section. The President shall pursue these subrogated rights as claims or offsets of the United States in appropriate ways, including any negotiation process that precedes the normalization of relations between the foreign state designated as a state sponsor of terrorism and the United States or the lifting of sanctions against such foreign state.

(B)

Rights retained.— To the extent amounts of damages remain unpaid and outstanding following any payments made under this subsection, each applicant shall retain that applicant’s creditor rights in any unpaid and outstanding amounts of the judgment, including any prejudgment or post-judgment interest, or punitive damages, awarded by the United States district court pursuant to a judgment.

(e)

United States Victims of State Sponsored Terrorism Fund.—

(1)

Establishment of united states victims of state sponsored terrorism fund.— There is established in the Treasury a fund, to be designated as the United States Victims of State Sponsored Terrorism Fund.

(2)

Deposit and transfer.— Beginning on the date of the enactment of this Act, the following shall be deposited or transferred into the Fund for distribution under this section:

(A)

Forfeited funds and property.—

(i)

Criminal funds and property.— All funds, and the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a criminal penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.), or any related criminal conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism.

(ii)

Civil funds and property.— One-half of all funds, and one-half of the net proceeds from the sale of property, forfeited or paid to the United States after the date of enactment of this Act as a civil penalty or fine arising from a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.), or any related conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, a state sponsor of terrorism.

(B)

Transfer into fund of certain assigned assets of iran and election to participate in fund.—

(i)

Deposit into fund of assigned proceeds from sale of properties and related assets identified in in re 650 fifth avenue & related properties.—

(I)

In general.— Except as provided in subclause (II), if the United States receives a final judgment forfeiting the properties and related assets identified in the proceedings captioned as In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), the net proceeds (not including the litigation expenses and sales costs incurred by the United States) resulting from the sale of such properties and related assets by the United States shall be deposited into the Fund.

(II)

Limitation.— The following proceeds resulting from any sale of the properties and related assets identified in subclause (I) shall not be transferred into the Fund:

(aa)

The percentage of proceeds attributable to any party identified as a Settling Judgment Creditor in the order dated April 16, 2014, in such proceedings, who does not make an election (described in clause (iii)) to participate in the Fund.

(bb)

The percentage of proceeds attributable to the parties identified as the Hegna Judgment Creditors in such proceedings, unless and until a final judgment is entered denying the claims of such creditors.

(ii)

Deposit into fund of assigned assets identified in peterson v. islamic republic of iran.— If a final judgment is entered in Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y.), awarding the assets at issue in that case to the judgment creditors identified in the order dated July 9, 2013, those assets shall be deposited into the Fund, but only to the extent, and in such percentage, that the rights, title, and interest to such assets were assigned through elections made pursuant to clause (iii).

(iii)

Election to participate in the fund.— Upon written notice to the Attorney General, the Special Master, and the chief judge of the United States District Court for the Southern District of New York within 60 days after the date of the publication required under subsection (b)(2)(A) a United States person, who is a judgment creditor in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y.), or a Settling Judgment Creditor as identified in the order dated May 27, 2014, in the proceedings captioned In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), shall have the right to elect to participate in the Fund and, to the extent any such person exercises such right, shall irrevocably assign to the Fund all rights, title, and interest to such person’s claims to the assets at issue in such proceedings. To the extent that a United States person is both a judgment creditor in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y.) and a Settling Judgment Creditor in In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), any election by such person to participate in the Fund pursuant to this paragraph shall operate as an election to assign any and all rights, title, and interest in the assets in both actions for the purposes of participating in the Fund. The Attorney General is authorized to pursue any such assigned rights, title, and interest in those claims for the benefit of the Fund.

(iv)

Application for conditional payment.— A United States person who is a judgment creditor or a Settling Judgment Creditor in the proceedings identified in clause (iii) and who does not elect to participate in the Fund may, notwithstanding such failure to elect, submit an application for conditional payment from the Fund, subject to the following limitations:

(I)

In general.— Notwithstanding any such claimant’s eligibility for payment and the initial deadline for initial payments set forth in subsection (d)(2), the Special Master shall allocate but withhold payment to an eligible claimant who applies for a conditional payment under this paragraph until such time as an adverse final judgment is entered in both of the proceedings identified in clause (iii).

(II)

Exception.—

(aa)

In the event that an adverse final judgment is entered in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y), prior to a final judgment being entered in the proceedings captioned In Re 650 Fifth Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), the Special Master shall release a portion of an eligible claimant’s conditional payment to such eligible claimant if the Special Master anticipates that such claimant will receive less than the amount of the conditional payment from any proceeds from a final judgment that is entered in favor of the plaintiffs in In Re 650 Fifth Avenue & Related Properties. Such portion shall not exceed the difference between the amount of the conditional payment and the amount the Special Master anticipates such claimant will receive from the proceeds of In Re 650 Fifth Avenue & Related Properties.

(bb)

In the event that a final judgment is entered in favor of the plaintiffs in the proceedings captioned Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y) and funds are distributed, the payments allocated to claimants who applied for a conditional payment under this subparagraph shall be considered void, and any funds previously allocated to such conditional payments shall be made available and distributed to all other eligible claimants pursuant to subsection (d).

(3)

Expenditures from fund.— Amounts in the Fund shall be available, without further appropriation, for the payment of eligible claims and compensation of the Special Master in accordance with this section.

(4)

Management of fund.— The Fund shall be managed and invested in the same manner as a trust fund is managed and invested under section 9602 of the Internal Revenue Code of 1986.

(5)

Funding.— There is appropriated to the Fund, out of any money in the Treasury not otherwise appropriated, $1,025,000,000 for fiscal year 2017, to remain available until expended.

(6)

Termination.—

(A)

In general.— Amounts in the Fund may not be obligated on or after January 2, 2026.

(B)

Closing of fund.— Effective on the day after all amounts authorized to be paid from the Fund under this section that were obligated before January 2, 2026 are expended, any unobligated balances in the Fund shall be transferred, as appropriate, to either the Department of the Treasury Forfeiture Fund established under section 9705 of title 31, United States Code, or to the Department of Justice Assets Forfeiture Fund established under section 524(c)(1) of title 28, United States Code.

(f)

Attorneys’ Fees and Costs.—

(1)

In general.— No attorney shall charge, receive, or collect, and the Special Master shall not approve, any payment of fees and costs that in the aggregate exceeds 25 percent of any payment made under this section.

(2)

Penalty.— Any attorney who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both.

(g)

Award of Compensation to Informers.—

(1)

In general.— Any United States person who holds a final judgment described in subsection (c)(2)(A) or a claim under subsection (c)(2)(B) or (c)(2)(C) and who meets the requirements set forth in paragraph (2) is entitled to receive an award of 10 percent of the funds deposited in the Fund under subsection (e)(2) attributable to information such person furnished to the Attorney General that leads to a forfeiture described in subsection (e)(2)(A), which is made after the date of enactment of this Act pursuant to a proceeding resulting in forfeiture that was initiated after the date of enactment of this Act.

(2)

Person described.— A person meets the requirements of this paragraph if—

(A)

the person identifies and notifies the Attorney General of funds or property—

(i)

of a state sponsor of terrorism, or held by a third party on behalf of or subject to the control of that state sponsor of terrorism;

(ii)

that were not previously identified or known by the United States Government; and

(iii)

that are subsequently forfeited directly or in the form of substitute assets to the United States; and

(B)

the Attorney General finds that the identification and notification under subparagraph (A) by that person substantially contributed to the forfeiture to the United States.

(h)

Special Exclusion From Compensation.— In no event shall an individual who is criminally culpable for an act of international terrorism receive any compensation under this section, either directly or on behalf of a victim.

(i)

Report to Congress.— Within 30 days after authorizing the payment of compensation of eligible claims pursuant to subsection (d), the Special Master shall submit to the chairman and ranking minority member of the Committee on the Judiciary of the House of Representatives and the chairman and ranking minority member of the Committee on the Judiciary of the Senate a report on the payment of eligible claims, which shall include—

(1)

an explanation of the procedures for filing and processing of applications for compensation; and

(2)

an analysis of the payments made to United States persons from the Fund and the amount of outstanding eligible claims, including—

(A)

the number of applications for compensation submitted;

(B)

the number of applications approved and the amount of each award;

(C)

the number of applications denied and the reasons for the denial;

(D)

the number of applications for compensation that are pending for which compensatory damages have not been paid in full; and

(E)

the total amount of compensatory damages from eligible claims that have been paid and that remain unpaid.

(j)

Definitions.— In this section the following definitions apply:

(1)

Act of international terrorism.— The term “act of international terrorism” includes—

(A)

an act of torture, extrajudicial killing, aircraft sabotage, or hostage taking as those terms are defined in section 1605A(h) of title 28, United States Code; and

(B)

providing material support or resources, as defined in section 2339A of title 18, United States Code, for an act described in subparagraph (A).

(2)

Adverse final judgment.— The term “adverse final judgment” means a final judgment in favor of the defendant, or defendants, in the proceedings identified in subsection (e)(2)(B)(iii), or which does not order any payment from, or award any interest in, the assets at issue in such proceedings to the plaintiffs, judgment creditors, or Settling Judgment Creditors in such proceedings.

(3)

Compensatory damages.— The term “compensatory damages” does not include pre-judgment or post-judgment interest or punitive damages.

(4)

Final judgment.— The term “final judgment” means an enforceable final judgment, decree or order on liability and damages entered by a United States district court that is not subject to further appellate review, but does not include a judgment, decree, or order that has been waived, relinquished, satisfied, espoused by the United States, or subject to a bilateral claims settlement agreement between the United States and a foreign state. In the case of a default judgment, such judgment shall not be considered a final judgment until such time as service of process has been completed pursuant to section 1608(e) of title 28, United States Code.

(5)

Fund.— The term “Fund” means the United States Victims of State Sponsored Terrorism Fund established by this section.

(6)

Source other than this fund.— The term “source other than this Fund” means all collateral sources, including life insurance, pension funds, death benefit programs, payments by Federal, State, or local governments (including payments from the September 11th Victim Compensation Fund (49 U.S.C. 40101 note)), and court awarded compensation related to the act of international terrorism that gave rise to a claimant’s final judgment. The term “entitled or scheduled to receive” in subsection (d)(3)(B)(i) includes any potential recovery where that person or their representative is a party to any civil or administrative action pending in any court or agency of competent jurisdiction in which the party seeks to enforce the judgment giving rise to the application to the Fund.

(7)

State sponsor of terrorism.— The term “state sponsor of terrorism” means a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 4605(j)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism.

(8)

United states person.— The term “United States person” means a natural person who has suffered an injury arising from the actions of a foreign state for which the foreign state has been determined not to be immune from the jurisdiction of the courts of the United States under section 1605A or section 1605(a)(7) (as such section was in effect on January 27, 2008) of title 28, United States Code, or is eligible to make a claim under subsection (c)(2)(B) or subsection (c)(2)(C).

(k)

Severability.— The provisions of this section are severable. If any provision of this section, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of this section not so adjudicated.

SEC. 405. Budgetary Provisions.

(a)

Limitation.— Notwithstanding any other provision of law, including section 982 of title 18, United States Code, and section 413 of the Controlled Substances Act (21 U.S.C. 853), none of the funds paid to the United States Government by BNP Paribas S.A. as part of, or related to, a plea agreement dated June 27, 2014, entered into between the Department of Justice and BNP Paribas S.A., and subject to a consent order entered by the United States District Court for the Southern District of New York on May 1, 2015, in United States v. BNPP, No. 14 Cr. 460 (S.D.N.Y.) to settle charges against BNP Paribas S.A. for conspiracy to commit an offense against the United States in violation of section 371 of title 18, United States Code, by conspiring to violate the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), and the Trading with the Enemy Act (50 U.S.C. 4301 et seq.), may be used by the United States Government—

(1)

in any manner in furtherance of the proposed use of such funds by the Department of Justice to compensate individuals as announced by the Department of Justice on May 1, 2015; or

(2)

in any other manner whatsoever, including in furtherance of any program to compensate victims of international or state sponsored terrorism, except as such funds are directed by Congress pursuant to this title and the amendments made by this title.

(b)

Rescission of Funds From BNP Settlement.— Of the amounts in the Department of the Treasury Forfeiture Fund established under section 9705 of title 31, United States Code, $3,800,000,000 from funds paid to the United States Government by BNP Paribas S.A. as part of, or related to, a plea agreement dated June 27, 2014, entered into between the Department of Justice and BNP Paribas S.A., and subject to a consent order entered by the United States District Court for the Southern District of New York on May 1, 2015, in United States v. BNPP, No. 14 Cr. 460 (S.D.N.Y.), shall be deobligated, if necessary, and shall be permanently rescinded.

TITLE V Medicare and Medicaid Provisions

SEC. 501. Medicare Improvement Fund.

Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking “ $205,000,000” and inserting “ $5,000,000”.

SEC. 502. Medicare Payment Incentive for the Transition from Traditional X-Ray Imaging to Digital Radiography and Other Medicare Imaging Payment Provision.

(a)

Physician Fee Schedule.—

(1)

Payment incentive for transition.—

(A)

In general.— Section 1848(b) of the Social Security Act (42 U.S.C. 1395w–4(b)) is amended by adding at the end the following new paragraph:

“(9) Special rule to incentivize transition from traditional x-ray imaging to digital radiography.—

“(A) Limitation on payment for film x-ray imaging services.—In the case of an imaging service (including the imaging portion of a service) that is an X-ray taken using film and that is furnished during 2017 or a subsequent year, the payment amount for the technical component (including the technical component portion of a global service) of such service that would otherwise be determined under this section (without application of this paragraph and before application of any other adjustment under this section) for such year shall be reduced by 20 percent.

“(B) Phased-in limitation on payment for computed radiography imaging services.—In the case of an imaging service (including the imaging portion of a service) that is an X-ray taken using computed radiography technology—

“(i) in the case of such a service furnished during 2018, 2019, 2020, 2021, or 2022, the payment amount for the technical component (including the technical component portion of a global service) of such service that would otherwise be determined under this section (without application of this paragraph and before application of any other adjustment under this section) for such year shall be reduced by 7 percent; and

“(ii) in the case of such a service furnished during 2023 or a subsequent year, the payment amount for the technical component (including the technical component portion of a global service) of such service that would otherwise be determined under this section (without application of this paragraph and before application of any other adjustment under this section) for such year shall be reduced by 10 percent.

“(C) Computed radiography technology defined.—For purposes of this paragraph, the term ‘computed radiography technology’ means cassette-based imaging which utilizes an imaging plate to create the image involved.

“(D) Implementation.—In order to implement this paragraph, the Secretary shall adopt appropriate mechanisms which may include use of modifiers.”

(B)

Exemption from budget neutrality.— Section 1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C. 1395w–4(c)(2)(B)(v)) is amended by adding at the end the following new subclause:

“(X) Reduced expenditures attributable to incentives to transition to digital radiography.—Effective for fee schedules established beginning with 2017, reduced expenditures attributable to subparagraph (A) of subsection (b)(9) and effective for fee schedules established beginning with 2018, reduced expenditures attributable to subparagraph (B) of such subsection.”

(2)

Reduction of discount in payment for professional component of multiple imaging services.—

(A)

In general.— Section 1848(b) of the Social Security Act (42 U.S.C. 1395w–4(b)), as amended by paragraph (1), is amended by adding at the end the following new paragraph:

“(10) Reduction of discount in payment for professional component of multiple imaging services.—In the case of the professional component of imaging services furnished on or after January 1, 2017, instead of the 25 percent reduction for multiple procedures specified in the final rule published by the Secretary in the Federal Register on November 28, 2011, as amended in the final rule published by the Secretary in the Federal Register on November 16, 2012, the reduction percentage shall be 5 percent.”

(B)

Exemption from budget neutrality.— Section 1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C. 1395w 4(c)(2)(B)(v)), as amended by paragraph (1), is amended by adding at the end by the following new subclause:

“(XI) Discount in payment for professional component of imaging services.—Effective for fee schedules established beginning with 2017, reduced expenditures attributable to subsection (b)(10).”

(C)

Conforming amendment.— Section 220(i) of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 1395w–4 note) is repealed.

(b)

Payment Incentive for Transition Under Hospital Outpatient Prospective Payment System.— Section 1833(t)(16) of the Social Security Act (42 U.S.C. 1395(t)(16)) is amended by adding at the end the following new subparagraph:

“(F) Payment incentive for the transition from traditional x-ray imaging to digital radiography.—Notwithstanding the previous provisions of this subsection:

“(i) Limitation on payment for film x-ray imaging services.—In the case of an imaging service that is an X-ray taken using film and that is furnished during 2017 or a subsequent year, the payment amount for such service (including the X-ray component of a packaged service) that would otherwise be determined under this section (without application of this paragraph and before application of any other adjustment under this subsection) for such year shall be reduced by 20 percent.

“(ii) Phased-in limitation on payment for computed radiography imaging services.—In the case of an imaging service that is an X-ray taken using computed radiography technology (as defined in section 1848(b)(9)(C))—

“(I) in the case of such a service furnished during 2018, 2019, 2020, 2021, or 2022, the payment amount for such service (including the X-ray component of a packaged service) that would otherwise be determined under this section (without application of this paragraph and before application of any other adjustment under this subsection) for such year shall be reduced by 7 percent; and

“(II) in the case of such a service furnished during 2023 or a subsequent year, the payment amount for such service (including the X-ray component of a packaged service) that would otherwise be determined under this section (without application of this paragraph and before application of any other adjustment under this subsection) for such year shall be reduced by 10 percent.

“(iii) Application without regard to budget neutrality.—The reductions made under this subparagraph—

“(I) shall not be considered an adjustment under paragraph (2)(E); and

“(II) shall not be implemented in a budget neutral manner.

“(iv) Implementation.—In order to implement this subparagraph, the Secretary shall adopt appropriate mechanisms which may include use of modifiers.”

SEC. 503. Limiting Federal Medicaid Reimbursement to States for Durable Medical Equipment (dme) to Medicare Payment Rates.

(a)

Medicaid Reimbursement.—

(1)

In general.— Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended—

(A)

in paragraph (25), by striking “ or” at the end;

(B)

in paragraph (26), by striking the period at the end and inserting “ ; or”; and

(C)

by inserting after paragraph (26) the following new paragraph:

“(27) with respect to any amounts expended by the State on the basis of a fee schedule for items described in section 1861(n) and furnished on or after January 1, 2019, as determined in the aggregate with respect to each class of such items as defined by the Secretary, in excess of the aggregate amount, if any, that would be paid for such items within such class on a fee-for-service basis under the program under part B of title XVIII, including, as applicable, under a competitive acquisition program under section 1847 in an area of the State.”

(2)

Rule of construction.— Nothing in the amendments made by paragraph (1) shall be construed to prohibit a State Medicaid program from providing medical assistance for durable medical equipment for which payment is denied or not available under the Medicare program under title XVIII of such Act.

(b)

Evaluating Application of DME Payment Limits Under Medicaid.— The Secretary of Health and Human Services shall evaluate the impact of applying Medicare payment rates with respect to payment for durable medical equipment under the Medicaid program under section 1903(i)(27) of the Social Security Act, as inserted by subsection (a)(1)(C). The Secretary shall make available to the public the results of such evaluation.

SEC. 504. Treatment of Disposable Devices.

(a)

In General.— Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection:

“(s) Payment for Applicable Disposable Devices.—

“(1) Separate payment.—The Secretary shall make a payment (separate from the payments otherwise made under section 1895) in the amount established under paragraph (3) to a home health agency for an applicable disposable device (as defined in paragraph (2)) when furnished on or after January 1, 2017, to an individual who receives home health services for which payment is made under section 1895(b).

“(2) Applicable disposable device.—In this subsection, the term applicable disposable device means a disposable device that, as determined by the Secretary, is—

“(A) a disposable negative pressure wound therapy device that is an integrated system comprised of a non-manual vacuum pump, a receptacle for collecting exudate, and dressings for the purposes of wound therapy; and

“(B) a substitute for, and used in lieu of, a negative pressure wound therapy durable medical equipment item that is an integrated system of a negative pressure vacuum pump, a separate exudate collection canister, and dressings that would otherwise be covered for individuals for such wound therapy.

“(3) Payment amount.—The separate payment amount established under this paragraph for an applicable disposable device for a year shall be equal to the amount of the payment that would be made under section 1833(t) (relating to payment for covered OPD services) for the year for the Level I Healthcare Common Procedure Coding System (HCPCS) code for which the description for a professional service includes the furnishing of such device.”

(b)

Conforming Amendments.—

(1)

Coinsurance.— Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended—

(A)

by striking “ and (Z)” and inserting “ (Z)”; and

(B)

by inserting before the semicolon at the end the following: “ , and (AA) with respect to an applicable disposable device (as defined in paragraph (2) of section 1834(s)) furnished to an individual pursuant to paragraph (1) of such section, the amount paid shall be equal to 80 percent of the lesser of the actual charge or the amount determined under paragraph (3) of such section”.

(2)

Home health.— Section 1861(m)(5) of the Social Security Act (42 U.S.C. 1395x(m)(5)) is amended by inserting “ and applicable disposable devices (as defined in section 1834(s)(2))” after “ durable medical equipment”.

(c)

Reports.—

(1)

GAO study and report on disposable devices.—

(A)

Study.— The Comptroller General of the United States shall conduct a study on the value of disposable devices to the Medicare program and Medicare beneficiaries and the role of disposable devices as substitutes for durable medical equipment. Such study shall address the following:

(i)

The types of disposable devices that could potentially qualify as being substitutes for durable medical equipment under the Medicare program, the similarities and differences between such disposable devices and the durable medical equipment for which they would be a substitute, and the extent to which other payers, including the Medicaid program and private payers, cover such disposable devices.

(ii)

Views of, and information from, medical device manufacturers, providers of services, and suppliers on the incentives and disincentives under current Medicare coverage and payment policies for disposable devices that are substitutes for durable medical equipment and how such policies affect manufacturers’ decisions to develop innovative products and providers’ and suppliers’ decisions to use such products.

(iii)

Implications of expanding coverage under the Medicare program to include additional disposable devices that are substitutes for durable medical equipment.

(iv)

Payment methodologies that could be used to pay for disposable devices that are substitutes for durable medical equipment other than applicable disposable devices pursuant to the amendments made by subsections (a) and (b).

(v)

Other applicable areas determined appropriate by the Comptroller General.

(B)

Report.— Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Secretary of Health and Human Services a report on the study conducted under subparagraph (A), together with recommendations for such legislation and administrative action as the Comptroller General determines to be appropriate.

(2)

GAO study and report on the impact of the payment of applicable disposable devices.—

(A)

Study.— The Comptroller General of the United States shall conduct a study on the impact of the payment for applicable disposable devices (as defined in section 1834(s)(2) of the Social Security Act) under the provisions of, and the amendments made by, subsections (a) and (b). Such study shall address the following:

(i)

The impact on utilization and Medicare program and beneficiary spending as a result of such provisions and amendments.

(ii)

The type of Medicare beneficiaries who, under the home health benefit, use the applicable disposable device and the period of use of the applicable disposable devices compared to the beneficiaries who use the substitute durable medical equipment and their period of use.

(iii)

How payment rates of other payers, including the Medicaid program and private payers, for applicable disposable devices compare to the payment rates for such devices under such provisions and amendments.

(iv)

Other applicable areas determined appropriate by the Comptroller General.

(B)

Report.— Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress and the Secretary of Health and Human Services a report on the study conducted under subparagraph (A), together with recommendations for such legislation and administrative action as the Comptroller General determines to be appropriate.

(d)

Effective Date.— The amendments made by this section shall apply to items furnished on or after January 1, 2017.

TITLE VI Puerto Rico

SEC. 601. Modification of Medicare Inpatient Hospital Payment Rate for Puerto Rico Hospitals.

Section 1886(d)(9)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(9)(E)) is amended—

(1)

by striking “ and” at the end of clause (iii);

(2)

in clause (iv)—

(A)

by inserting “ and before January 1, 2016,” after “ 2004,”; and

(B)

by striking the period at the end and inserting “ ; and”; and

(3)

by adding at the end the following new clause:

“(v) on or after January 1, 2016, the applicable Puerto Rico percentage is 0 percent and the applicable Federal percentage is 100 percent.”

SEC. 602. Application of Medicare Hitech Payments to Hospitals in Puerto Rico.

(a)

In General.— Subsection (n)(6)(B) of section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by striking “ subsection (d) hospital” and inserting “ hospital that is a subsection (d) hospital or a subsection (d) Puerto Rico hospital”.

(b)

Conforming Amendments.—

(1)

Subsection (b)(3)(B)(ix) of section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended—

(A)

in subclause (I), by striking “ (n)(6)(A)” and inserting “ (n)(6)(B)”; and

(B)

in subclause (II), by striking “ a subsection (d) hospital” and inserting “ an eligible hospital”.

(2)

Paragraphs (2) and (4)(A) of section 1853(m) of the Social Security Act (42 U.S.C. 1395w–23(m)) are each amended by striking “ 1886(n)(6)(A)” and inserting “ 1886(n)(6)(B)”.

(c)

Implementation.— Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by this section by program instruction or otherwise.

(d)

Effective Date.— The amendments made by this section shall apply as if included in the enactment of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), except that, in order to take into account delays in the implementation of this section, in applying subsections (b)(3)(B)(ix), (n)(2)(E)(ii), and (n)(2)(G)(i) of section 1886 of the Social Security Act, as amended by this section, any reference in such subsections to a particular year shall be treated with respect to a subsection (d) Puerto Rico hospital as a reference to the year that is 5 years after such particular year (or 7 years after such particular year in the case of applying subsection (b)(3)(B)(ix) of such section).

TITLE VII Financial Services

SEC. 701. Table of Contents.

The table of contents for this title is as follows:

Sec. 701. Table of contents.

Sec. 702. Limitations on sale of preferred stock.

Sec. 703. Confidentiality of information shared between State and Federal financial services regulators.

Sec. 704. Application of FACA.

Sec. 705. Treatment of affiliate transactions.

Sec. 706. Ensuring the protection of insurance policyholders.

Sec. 707. Limitation on SEC funds.

Sec. 708. Elimination of reporting requirement.

Sec. 709. Extension of Hardest Hit Fund; Termination of Making Home Affordable initiative.

SEC. 702. Limitations on Sale of Preferred Stock.

(a)

Definitions.— In this section:

(1)

Secretary.— The term “Secretary” means the Secretary of the Treasury.

(2)

Senior preferred stock purchase agreement.— The term “Senior Preferred Stock Purchase Agreement” means—

(A)

the Amended and Restated Senior Preferred Stock Purchase Agreement, dated September 26, 2008, as such Agreement has been amended on May 6, 2009, December 24, 2009, and August 17, 2012, respectively, and as such Agreement may be further amended and restated, entered into between the Department of the Treasury and each enterprise, as applicable; and

(B)

any provision of any certificate in connection with such Agreement creating or designating the terms, powers, preferences, privileges, limitations, or any other conditions of the Variable Liquidation Preference Senior Preferred Stock of an enterprise issued or sold pursuant to such Agreement.

(b)

Limitations on Sale of Preferred Stock.— Notwithstanding any other provision of law or any provision of the Senior Preferred Stock Purchase Agreement, until at least January 1, 2018, the Secretary may not sell, transfer, relinquish, liquidate, divest, or otherwise dispose of any outstanding shares of senior preferred stock acquired pursuant to the Senior Preferred Stock Purchase Agreement, unless Congress has passed and the President has signed into law legislation that includes a specific instruction to the Secretary regarding the sale, transfer, relinquishment, liquidation, divestiture, or other disposition of the senior preferred stock so acquired.

(c)

Sense of Congress.— It is the Sense of Congress that Congress should pass and the President should sign into law legislation determining the future of Fannie Mae and Freddie Mac, and that notwithstanding the expiration of subsection (b), the Secretary should not sell, transfer, relinquish, liquidate, divest, or otherwise dispose of any outstanding shares of senior preferred stock acquired pursuant to the Senior Preferred Stock Purchase Agreement until such legislation is enacted.

SEC. 703. Confidentiality of Information Shared Between State and Federal Financial Services Regulators.

Section 1512(a) of the S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5111(a)) is amended by inserting “ or financial services” before “ industry”.

SEC. 704. Application of Faca.

Section 1013 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493) is amended by adding at the end the following:

“(h) Application of FACA.—Notwithstanding any provision of the Federal Advisory Committee Act (5 U.S.C. App.), such Act shall apply to each advisory committee of the Bureau and each subcommittee of such an advisory committee.”

SEC. 705. Treatment of Affiliate Transactions.

(a)

Commodity Exchange Act Amendments.— Section 2(h)(7)(D) of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(D)) is amended—

(1)

by redesignating clause (iii) as clause (v);

(2)

by striking clauses (i) and (ii) and inserting the following:

“(i) In general.—An affiliate of a person that qualifies for an exception under subparagraph (A) (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate—

“(I) enters into the swap to hedge or mitigate the commercial risk of the person or other affiliate of the person that is not a financial entity, and the commercial risk that the affiliate is hedging or mitigating has been transferred to the affiliate;

“(II) is directly and wholly-owned by another affiliate qualified for the exception under this subparagraph or an entity that is not a financial entity;

“(III) is not indirectly majority-owned by a financial entity;

“(IV) is not ultimately owned by a parent company that is a financial entity; and

“(V) does not provide any services, financial or otherwise, to any affiliate that is a nonbank financial company supervised by the Board of Governors (as defined under section 102 of the Financial Stability Act of 2010).

“(ii) Limitation on qualifying affiliates.—The exception in clause (i) shall not apply if the affiliate is—

“(I) a swap dealer;

“(II) a security-based swap dealer;

“(III) a major swap participant;

“(IV) a major security-based swap participant;

“(V) a commodity pool;

“(VI) a bank holding company;

“(VII) a private fund, as defined in section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80–b–2(a));

“(VIII) an employee benefit plan or government plan, as defined in paragraphs (3) and (32) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002);

“(IX) an insured depository institution;

“(X) a farm credit system institution;

“(XI) a credit union;

“(XII) a nonbank financial company supervised by the Board of Governors (as defined under section 102 of the Financial Stability Act of 2010); or

“(XIII) an entity engaged in the business of insurance and subject to capital requirements established by an insurance governmental authority of a State, a territory of the United States, the District of Columbia, a country other than the United States, or a political subdivision of a country other than the United States that is engaged in the supervision of insurance companies under insurance law.

“(iii) Limitation on affiliates’ affiliates.—Unless the Commission determines, by order, rule, or regulation, that it is in the public interest, the exception in clause (i) shall not apply with respect to an affiliate if the affiliate is itself affiliated with—

“(I) a major security-based swap participant;

“(II) a security-based swap dealer;

“(III) a major swap participant; or

“(IV) a swap dealer.

“(iv) Conditions on transactions.—With respect to an affiliate that qualifies for the exception in clause (i)—

“(I) the affiliate may not enter into any swap other than for the purpose of hedging or mitigating commercial risk; and

“(II) neither the affiliate nor any person affiliated with the affiliate that is not a financial entity may enter into a swap with or on behalf of any affiliate that is a financial entity or otherwise assume, net, combine, or consolidate the risk of swaps entered into by any such financial entity, except one that is an affiliate that qualifies for the exception under clause (i).”

; and

(3)

by adding at the end the following:

“(vi) Risk management program.—Any swap entered into by an affiliate that qualifies for the exception in clause (i) shall be subject to a centralized risk management program of the affiliate, which is reasonably designed both to monitor and manage the risks associated with the swap and to identify each of the affiliates on whose behalf a swap was entered into.”

(b)

Securities Exchange Act of 1934 Amendment.— Section 3C(g)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78c–3(g)(4)) is amended—

(1)

by redesignating subparagraph (C) as subparagraph (E);

(2)

by striking subparagraphs (A) and (B) and inserting the following:

“(A) In general.—An affiliate of a person that qualifies for an exception under this subsection (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate—

“(i) enters into the security-based swap to hedge or mitigate the commercial risk of the person or other affiliate of the person that is not a financial entity, and the commercial risk that the affiliate is hedging or mitigating has been transferred to the affiliate;

“(ii) is directly and wholly-owned by another affiliate qualified for the exception under this paragraph or an entity that is not a financial entity;

“(iii) is not indirectly majority-owned by a financial entity;

“(iv) is not ultimately owned by a parent company that is a financial entity; and

“(v) does not provide any services, financial or otherwise, to any affiliate that is a nonbank financial company supervised by the Board of Governors (as defined under section 102 of the Financial Stability Act of 2010).

“(B) Limitation on qualifying affiliates.—The exception in subparagraph (A) shall not apply if the affiliate is—

“(i) a swap dealer;

“(ii) a security-based swap dealer;

“(iii) a major swap participant;

“(iv) a major security-based swap participant;

“(v) a commodity pool;

“(vi) a bank holding company;

“(vii) a private fund, as defined in section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80–b–2(a));

“(viii) an employee benefit plan or government plan, as defined in paragraphs (3) and (32) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002);

“(ix) an insured depository institution;

“(x) a farm credit system institution;

“(xi) a credit union;

“(xii) a nonbank financial company supervised by the Board of Governors (as defined under section 102 of the Financial Stability Act of 2010); or

“(xiii) an entity engaged in the business of insurance and subject to capital requirements established by an insurance governmental authority of a State, a territory of the United States, the District of Columbia, a country other than the United States, or a political subdivision of a country other than the United States that is engaged in the supervision of insurance companies under insurance law.

“(C) Limitation on affiliates’ affiliates.—Unless the Commission determines, by order, rule, or regulation, that it is in the public interest, the exception in subparagraph (A) shall not apply with respect to an affiliate if such affiliate is itself affiliated with—

“(i) a major security-based swap participant;

“(ii) a security-based swap dealer;

“(iii) a major swap participant; or

“(iv) a swap dealer.

“(D) Conditions on transactions.—With respect to an affiliate that qualifies for the exception in subparagraph (A)—

“(i) such affiliate may not enter into any security-based swap other than for the purpose of hedging or mitigating commercial risk; and

“(ii) neither such affiliate nor any person affiliated with such affiliate that is not a financial entity may enter into a security-based swap with or on behalf of any affiliate that is a financial entity or otherwise assume, net, combine, or consolidate the risk of security-based swaps entered into by any such financial entity, except one that is an affiliate that qualifies for the exception under subparagraph (A).”

; and

(3)

by adding at the end the following:

“(F) Risk management program.—Any security-based swap entered into by an affiliate that qualifies for the exception in subparagraph (A) shall be subject to a centralized risk management program of the affiliate, which is reasonably designed both to monitor and manage the risks associated with the security-based swap and to identify each of the affiliates on whose behalf a security-based swap was entered into.”

SEC. 706. Ensuring the Protection of Insurance Policyholders.

(a)

Source of Strength.— Section 38A of the Federal Deposit Insurance Act (12 U.S.C. 1831o–1) is amended—

(1)

by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and

(2)

by inserting after subsection (b) the following:

“(c) Authority of State Insurance Regulator.—

“(1) In general.—The provisions of section 5(g) of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(g)) shall apply to a savings and loan holding company that is an insurance company, an affiliate of an insured depository institution that is an insurance company, and to any other company that is an insurance company and that directly or indirectly controls an insured depository institution, to the same extent as the provisions of that section apply to a bank holding company that is an insurance company.

“(2) Rule of construction.—Requiring a bank holding company that is an insurance company, a savings and loan holding company that is an insurance company, an affiliate of an insured depository institution that is an insurance company, or any other company that is an insurance company and that directly or indirectly controls an insured depository institution to serve as a source of financial strength under this section shall be deemed an action of the Board that requires a bank holding company to provide funds or other assets to a subsidiary depository institution for purposes of section 5(g) of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(g)).”

(b)

Liquidation Authority.— The Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended—

(1)

in section 203(e)(3) (12 U.S.C. 5383(e)(3)), by inserting “ or rehabilitation” after “ orderly liquidation” each place that term appears; and

(2)

in section 204(d)(4) (12 U.S.C. 5384(d)(4)), by inserting before the semicolon at the end the following:

“(A) shall promptly notify the State insurance authority for the insurance company of the intention to take such lien; and

“(B) may only take such lien—

“(i) to secure repayment of funds made available to such covered financial company or covered subsidiary; and

“(ii) if the Corporation determines, after consultation with the State insurance authority, that such lien will not unduly impede or delay the liquidation or rehabilitation of the insurance company, or the recovery by its policyholders”

SEC. 707. Limitation on Sec Funds.

None of the funds made available by any division of this Act shall be used by the Securities and Exchange Commission to finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations.

SEC. 708. Elimination of Reporting Requirement.

Paragraph (6) of section 21(h) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(h)) is repealed.

SEC. 709. Extension of Hardest Hit Fund; Termination of Making Home Affordable Initiative.

(a)

Extension of Hardest Hit Fund.— Section 120(b) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5230(b)) is amended by inserting after the period at the end the following: “ Notwithstanding the foregoing, the Secretary may further extend the authority provided under this Act to expire on December 31, 2017, provided that (1) any such extension shall apply only with respect to current program participants in the Housing Finance Agency Innovation Fund for the Hardest Hit Housing Markets, and (2) funds obligated following such extension shall not exceed $2,000,000,000.”.

(b)

Termination.—

(1)

In general.— The Making Home Affordable initiative of the Secretary of the Treasury, as authorized under the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.), shall terminate on December 31, 2016.

(2)

Applicability.— Paragraph (1) shall not apply to any loan modification application made under the Home Affordable Modification Program under the Making Home Affordable initiative of the Secretary of the Treasury, as authorized under the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.), before December 31, 2016.

TITLE VIII Land and Water Conservation Fund

SEC. 801. Land and Water Conservation Fund.

(a)

Reauthorization.— Section 200302 of title 54, United States Code, is amended—

(1)

in subsection (b), in the language preceding paragraph (1), by striking “ September 30, 2015” and inserting “ September 30, 2018”; and

(2)

in subsection (c)(1), by striking “ September 30, 2015” and inserting “ September 30, 2018”.

(b)

Prohibition on Use of Condemnation or Eminent Domain.— Except as provided by subsection (c), for fiscal years 2016, 2017, and 2018, unless otherwise provided by division G of this Act or an Act enacted after this Act making appropriations for the Department of the Interior, Environment, and Related Agencies, no funds appropriated by such division or Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations.

(c)

Exception for Everglades.— Hereafter, subsection (b) shall not apply to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes.

TITLE IX National Oceans and Coastal Security

SEC. 901. Short Title.

This title may be cited as the “National Oceans and Coastal Security Act”.

SEC. 902. Definitions.

In this title:

(1)

Coastal county.— The term “coastal county” has the meaning given the term by the National Oceanic and Atmospheric Administration in the document entitled “NOAA’s List of Coastal Counties for the Bureau of the Census” (or similar successor document).

(2)

Coastal state.— The term “coastal State” has the meaning given the term “coastal state” in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).

(3)

Foundation.— The term “Foundation” means the National Fish and Wildlife Foundation established by section 2(a) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701(a)).

(4)

Fund.— The term “Fund” means the National Oceans and Coastal Security Fund established under section 904(a).

(5)

Indian tribe.— The term “Indian tribe” means any federally recognized Indian tribe.

(6)

Administrator.— Except as otherwise specifically provided, the term “Administrator” means the Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration.

(7)

Tidal shoreline.— The term “tidal shoreline” has the meaning given that term pursuant to section 923.110(c)(2)(i) of title 15, Code of Federal Regulations, or a similar successor regulation.

SEC. 903. Purposes and Agreements.

(a)

Purposes.— The purposes of this title are to better understand and utilize the oceans, coasts, and Great Lakes of the United States, and ensure present and future generations will benefit from the full range of ecological, economic, social, and recreational opportunities, security, and services these resources are capable of providing.

(b)

Agreements.— The Administrator and the Foundation may enter into such agreements as may be necessary to carry out the purposes of this title.

SEC. 904. National Oceans and Coastal Security Fund.

(a)

Establishment.— The Administrator and the Foundation are authorized to establish the National Oceans and Coastal Security Fund as a tax exempt fund to further the purposes of this title.

(b)

Deposits.—

(1)

In general.— There shall be deposited into the Fund amounts appropriated or otherwise made available to carry out this title.

(2)

Prohibitions on donations from foreign governments.— No amounts donated by a foreign government, as defined in section 7342 of title 5, United States Code, may be deposited into the Fund.

(c)

Requirements.— Any amounts received by the Foundation pursuant to this title shall be subject to the provisions of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), except the provisions of—

(1)

section 4(e)(1)(B) of that Act (16 U.S.C. 3703(e)(1)(B)); and

(2)

section 10(a) of that Act (16 U.S.C. 3709(a)).

(d)

Expenditure.— Of the amounts deposited into the Fund for each fiscal year—

(1)

funds may be used by the Foundation to award grants to coastal States under section 906(b);

(2)

funds may be used by the Foundation to award grants under section 906(c);

(3)

no more than 2 percent may be used by the Administrator and the Foundation for administrative expenses to carry out this title, which amount shall be divided between the Administrator and the Foundation pursuant to an agreement reached and documented by both the Administrator and the Foundation.

(e)

Recovery of Payments.— After notice and an opportunity for a hearing, the Administrator is authorized to recover any Federal payments under this section if the Foundation—

(1)

makes a withdrawal or expenditure from the Fund that is not consistent with the requirements of section 905; or

(2)

fails to comply with a procedure, measure, method, or standard established under section 906(a)(1).

SEC. 905. Eligible Uses.

(a)

In General.— Amounts in the Fund may be allocated by the Foundation to support programs and activities intended to better understand and utilize ocean and coastal resources and coastal infrastructure, including baseline scientific research, ocean observing, and other programs and activities carried out in coordination with Federal and State departments or agencies.

(b)

Prohibition on Use of Funds for Litigation or Other Purposes.— No funds made available under this title may be used to—

(1)

fund litigation against the Federal Government; or

(2)

fund the creation of national marine monuments and marine protected areas, marine spatial planning, or the National Ocean Policy.

SEC. 906. Grants.

(a)

Administration of Grants.—

(1)

In general.— Not later than 90 days after funds are deposited into the Fund and made available to the Foundation for administrative purposes, the Foundation shall establish the following:

(A)

Application and review procedures for the awarding of grants under this section, including requirements ensuring that any amounts awarded under such subsections may only be used for an eligible use described under section 905.

(B)

Selection procedures and criteria for the awarding of grants under this section that—

(i)

require consultation with the Administrator and the Secretary of the Interior; and

(ii)

prioritize the projects or activities where non-Federal partners have committed to share the cost of the project.

(C)

Eligibility criteria for awarding grants—

(i)

under subsection (b) to coastal States; and

(ii)

under subsection (c) to—

(I)

entities including States, local governments, and Indian tribes; and

(II)

the research and restoration work of associations, nongovernmental organizations, public-private partnerships, and academic institutions.

(D)

Performance accountability and monitoring measures for programs and activities funded by a grant awarded under subsection (b) or (c).

(E)

Procedures and methods to ensure accurate accounting and appropriate administration of grants awarded under this section, including standards of recordkeeping.

(F)

Procedures to carry out audits of the Fund as necessary, but not less frequently than once every year if grants have been awarded in that year.

(G)

Procedures to carry out audits of the recipients of grants under this section.

(H)

Procedures to make publicly available on the Internet a list of all projects funded by the Fund, that includes at a minimum the grant recipient, grant amount, project description, and project status.

(2)

Approval.— The Foundation shall submit to the Administrator for approval each procedure, measure, method, and standard established under paragraph (1).

(b)

Grants to Coastal States.—

(1)

In general.— The Administrator and the Foundation may award grants according to the procedures established in subsection (a) to coastal States and United States territories to support activities consistent with section 904. In determining distribution of grants, the Foundation may—

(A)

consider for each State—

(i)

percent of total United States shoreline miles;

(ii)

coastal population density; and

(iii)

other factors;

(B)

establish criteria for States, including the requirement for a State to establish a plan to distribute the funds; and

(C)

establish a maximum and minimum percentage of funding to be awarded to each State or United States territory.

(2)

Indian tribes.— As a condition on receipt of a grant under this subsection, a State that receives a grant under this subsection shall ensure that Indian tribes in the State are eligible to participate in any competitive grants established in this title.

(c)

National Grants for Oceans, Coasts, and Great Lakes.—

(1)

In general.— The Administrator and the Foundation may award grants according to the procedures established in subsection (a) to support activities consistent with section 905.

(2)

Advisory panel.—

(A)

In general.— The Foundation may establish an advisory panel to conduct reviews of applications for grants under paragraph (1) and the Foundation may consider the recommendations of the advisory panel with respect to such applications.

(B)

Membership.— The advisory panel described under subparagraph (A) shall include persons representing—

(i)

ocean and coastal dependent industries;

(ii)

geographic regions as defined by the Foundation; and

(iii)

academic institutions.

SEC. 907. Annual Report.

(a)

Requirement for Annual Report.— Subject to subsection (c), beginning with fiscal year 2017, not later than 60 days after the end of each fiscal year, the Foundation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during that fiscal year.

(b)

Content.— Each annual report submitted under subsection (a) for a fiscal year shall include—

(1)

a full and complete statement of the receipts, including the source of all receipts, expenditures, and investments of the Fund;

(2)

a statement of the amounts deposited in the Fund and the balance remaining in the Fund at the end of the fiscal year; and

(3)

a description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures.

SEC. 908. Funding.

There is authorized to be appropriated such sums as are necessary for fiscal years 2017, 2018, and 2019 for this title.

TITLE X Budgetary Provisions

SEC. 1001. Budgetary Effects.

(a)

Statutory PAYGO Scorecards.— The budgetary effects of division M and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.

(b)

Senate PAYGO Scorecards.— The budgetary effects of division M and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).

(c)

Classification of Budgetary Effects.— Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of division M and each succeeding division shall not be estimated—

(1)

for purposes of section 251 of the such Act; and

(2)

for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.

SEC. 1002. Authority to Make Adjustment in Fy 2016 Allocation.

(a)

In General.— After the date of enactment of this Act, the chair of the Committee on the Budget of the House of Representatives may revise appropriate allocations, aggregates, and levels established by Senate Concurrent Resolution 11 (114th Congress) to achieve consistency with the Bipartisan Budget Act of 2015.

(b)

Exercise of Rulemaking Powers.— The House adopts the provisions of this section—

(1)

as an exercise of the rulemaking power of the House of Representatives and as such they shall be considered as part of the rules of the House of Representatives, and these rules shall supersede other rules only to the extent that they are inconsistent with other such rules; and

(2)

with full recognition of the constitutional right of the House of Representatives to change those rules at any time, in the same manner, and to the same extent as in the case of any other rule of the House of Representatives.

SEC. 1003. Estimates.

Section 251(a)(7)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(a)(7)(B)) is amended in the first sentence by striking “ the CBO estimate of that legislation, an OMB estimate of the amount of discretionary new budget authority and outlays” and inserting “ both the CBO and OMB estimates of the amount of discretionary new budget authority”.

TITLE XI Iraq Loan Authority

SEC. 1101. Iraq Loan Authority.

(a)

Authority.— During fiscal year 2016, direct loans under section 23 of the Arms Export Control Act may be made available for Iraq, gross obligations for the principal amounts of which shall not exceed $2,700,000,000: Provided, That funds appropriated under the heading “Foreign Military Financing Program” in title VIII of the Department of State, Foreign Operations and Related Programs Appropriations Act, 2016 that are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of direct loans, except that such funds may not be derived from amounts specifically designated by such Acts for countries other than Iraq: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, and may include the costs of selling, reducing, or cancelling any amounts owed to the United States or any agency of the United States by Iraq: Provided further, That the Government of the United States may charge fees for such loans, which shall be collected from borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further, That no funds made available to Iraq by the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 or previous appropriations Acts may be used for payment of any fees associated with such loans: Provided further, That applicable provisions of section 3 of the Arms Export Control Act relating to restrictions on transfers, re-transfers and end-use shall apply to defense articles and services purchased with such loans: Provided further, That, in consultation with the Government of Iraq, special emphasis shall be placed on assistance to covered groups (as defined in section 1223(e)(2)(D) of Public Law 114–92) with the loans made available pursuant to this paragraph: Provided further, That such loans shall be repaid in not more than 12 years, including a grace period of up to 1 year on repayment of principal.

(b)

Consultation and Notification.— Funds made available pursuant to this section shall be subject to prior consultation with the appropriate congressional committees, and subject to the regular notification procedures of the Committees on Appropriations.

(c)

Committees.— For the purposes of this section, the terms “appropriate congressional committees” and “Committees on Appropriations” have the same meaning as used in the Department of State, Foreign Operations and Related Programs Appropriations Act, 2016.

(d)

Budgetary Effects.— Section 1001 of title X of this division shall not apply to this section.