1724 
propriate, that support and rapidly advance the de-
velopment, adoption, and implementation of auto-
mated mechanisms for the sharing of cyber threat in-
dicators and defensive measures in accordance with 
title I of the Cybersecurity Act of 2015. 
‘‘(2) ANNUAL
REPORT.—The Under Secretary 
appointed under section 103(a)(1)(H) shall submit to 
the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives 
an annual report on the status and progress of the de-
velopment of the capabilities described in paragraph 
(1). Such reports shall be required until such capa-
bilities are fully implemented. 
‘‘(h) VOLUNTARY
INFORMATION
SHARING
PROCE-
DURES.— 
‘‘(1) PROCEDURES.— 
‘‘(A) IN GENERAL.—The Center may enter 
into a voluntary information sharing relation-
ship with any consenting non-Federal entity for 
the sharing of cyber threat indicators and defen-
sive measures for cybersecurity purposes in ac-
cordance with this section. Nothing in this sub-
section may be construed to require any non- 
Federal entity to enter into any such informa-
1725 
tion sharing relationship with the Center or any 
other entity. The Center may terminate a vol-
untary information sharing relationship under 
this subsection, at the sole and unreviewable dis-
cretion of the Secretary, acting through the 
Under 
Secretary 
appointed 
under 
section 
103(a)(1)(H), for any reason, including if the 
Center determines that the non-Federal entity 
with which the Center has entered into such a re-
lationship has violated the terms of this sub-
section. 
‘‘(B) NATIONAL SECURITY.—The Secretary 
may decline to enter into a voluntary informa-
tion sharing relationship under this subsection, 
at the sole and unreviewable discretion of the 
Secretary, acting through the Under Secretary 
appointed under section 103(a)(1)(H), for any 
reason, including if the Secretary determines 
that such is appropriate for national security. 
‘‘(2) VOLUNTARY INFORMATION SHARING RELA-
TIONSHIPS.—A voluntary information sharing rela-
tionship under this subsection may be characterized 
as an agreement described in this paragraph. 
‘‘(A) STANDARD AGREEMENT.—For the use 
of a non-Federal entity, the Center shall make
1726 
available a standard agreement, consistent with 
this section, on the Department’s website. 
‘‘(B) NEGOTIATED AGREEMENT.—At the re-
quest of a non-Federal entity, and if determined 
appropriate by the Center, at the sole and 
unreviewable discretion of the Secretary, acting 
through the Under Secretary appointed under 
section 103(a)(1)(H), the Department shall nego-
tiate a non-standard agreement, consistent with 
this section. 
‘‘(C) EXISTING
AGREEMENTS.—An agree-
ment between the Center and a non-Federal enti-
ty that is entered into before the date of enact-
ment of this subsection, or such an agreement 
that is in effect before such date, shall be deemed 
in compliance with the requirements of this sub-
section, notwithstanding any other provision or 
requirement of this subsection. An agreement 
under this subsection shall include the relevant 
privacy protections as in effect under the Cooper-
ative Research and Development Agreement for 
Cybersecurity Information Sharing and Collabo-
ration, as of December 31, 2014. Nothing in this 
subsection may be construed to require a non- 
Federal entity to enter into either a standard or
1727 
negotiated agreement to be in compliance with 
this subsection. 
‘‘(i) DIRECT REPORTING.—The Secretary shall develop 
policies and procedures for direct reporting to the Secretary 
by the Director of the Center regarding significant cyberse-
curity risks and incidents. 
‘‘(j) REPORTS ON INTERNATIONAL COOPERATION.— 
Not later than 180 days after the date of enactment of this 
subsection, and periodically thereafter, the Secretary of 
Homeland Security shall submit to the Committee on 
Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of 
Representatives a report on the range of efforts underway 
to bolster cybersecurity collaboration with relevant inter-
national partners in accordance with subsection (c)(8). 
‘‘(k) OUTREACH.—Not later than 60 days after the 
date of enactment of this subsection, the Secretary, acting 
through the Under Secretary appointed under section 
103(a)(1)(H), shall— 
‘‘(1) disseminate to the public information about 
how to voluntarily share cyber threat indicators and 
defensive measures with the Center; and 
‘‘(2) enhance outreach to critical infrastructure 
owners and operators for purposes of such sharing.
1728 
‘‘(l) COORDINATED VULNERABILITY DISCLOSURE.— 
The Secretary, in coordination with industry and other 
stakeholders, may develop and adhere to Department poli-
cies and procedures for coordinating vulnerability disclo-
sures.’’. 
SEC. 204. INFORMATION SHARING AND ANALYSIS ORGANI-
ZATIONS. 
Section 212 of the Homeland Security Act of 2002 (6 
U.S.C. 131) is amended— 
(1) in paragraph (5)— 
(A) in subparagraph (A)— 
(i) by inserting ‘‘, including informa-
tion related to cybersecurity risks and inci-
dents,’’ after ‘‘critical infrastructure infor-
mation’’; and 
(ii) by inserting ‘‘, including cyberse-
curity risks and incidents,’’ after ‘‘related to 
critical infrastructure’’; 
(B) in subparagraph (B)— 
(i) by inserting ‘‘, including cybersecu-
rity risks and incidents,’’ after ‘‘critical in-
frastructure information’’; and 
(ii) by inserting ‘‘, including cyberse-
curity risks and incidents,’’ after ‘‘related to 
critical infrastructure’’; and
1729 
(C) in subparagraph (C), by inserting ‘‘, 
including cybersecurity risks and incidents,’’ 
after ‘‘critical infrastructure information’’; and 
(2) by adding at the end the following: 
‘‘(8) CYBERSECURITY
RISK; 
INCIDENT.—The 
terms ‘cybersecurity risk’ and ‘incident’ have the 
meanings given those terms in section 227.’’. 
SEC. 205. NATIONAL RESPONSE FRAMEWORK. 
Section 228 of the Homeland Security Act of 2002, as 
added by section 223(a)(4) of this division, is amended by 
adding at the end the following: 
‘‘(d) NATIONAL RESPONSE FRAMEWORK.—The Sec-
retary, in coordination with the heads of other appropriate 
Federal departments and agencies, and in accordance with 
the National Cybersecurity Incident Response Plan re-
quired under subsection (c), shall regularly update, main-
tain, and exercise the Cyber Incident Annex to the National 
Response Framework of the Department.’’. 
SEC. 206. REPORT ON REDUCING CYBERSECURITY RISKS IN 
DHS DATA CENTERS. 
Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees a report on the feasibility of the 
Department creating an environment for the reduction in 
cybersecurity risks in Department data centers, including
1730 
by increasing compartmentalization between systems, and 
providing a mix of security controls between such compart-
ments. 
SEC. 207. ASSESSMENT. 
Not later than 2 years after the date of enactment of 
this Act, the Comptroller General of the United States shall 
submit to the appropriate congressional committees a report 
that includes— 
(1) an assessment of the implementation by the 
Secretary of this title and the amendments made by 
this title; and 
(2) to the extent practicable, findings regarding 
increases in the sharing of cyber threat indicators, de-
fensive measures, and information relating to cyberse-
curity risks and incidents at the center established 
under section 227 of the Homeland Security Act of 
2002, as redesignated by section 223(a) of this divi-
sion, and throughout the United States. 
SEC. 208. MULTIPLE SIMULTANEOUS CYBER INCIDENTS AT 
CRITICAL INFRASTRUCTURE. 
Not later than 1 year after the date of enactment of 
this Act, the Under Secretary appointed under section 
103(a)(1)(H) of the Homeland Security Act of 2002 (6 
U.S.C. 113(a)(1)(H)) shall provide information to the ap-
propriate congressional committees on the feasibility of pro-
1731 
ducing a risk-informed plan to address the risk of multiple 
simultaneous cyber incidents affecting critical infrastruc-
ture, including cyber incidents that may have a cascading 
effect on other critical infrastructure. 
SEC. 209. REPORT ON CYBERSECURITY VULNERABILITIES 
OF UNITED STATES PORTS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall submit to the appropriate 
congressional committees, the Committee on Commerce, 
Science and Transportation of the Senate, and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives a report on cybersecurity vulnerabilities 
for the 10 United States ports that the Secretary determines 
are at greatest risk of a cybersecurity incident and provide 
recommendations to mitigate such vulnerabilities. 
SEC. 210. PROHIBITION ON NEW REGULATORY AUTHORITY. 
Nothing in this subtitle or the amendments made by 
this subtitle may be construed to grant the Secretary any 
authority to promulgate regulations or set standards relat-
ing to the cybersecurity of non-Federal entities, not includ-
ing State, local, and tribal governments, that was not in 
effect on the day before the date of enactment of this Act.
1732 
SEC. 211. TERMINATION OF REPORTING REQUIREMENTS. 
Any reporting requirements in this subtitle shall ter-
minate on the date that is 7 years after the date of enact-
ment of this Act. 
Subtitle B—Federal Cybersecurity 
Enhancement 
SEC. 221. SHORT TITLE. 
This subtitle may be cited as the ‘‘Federal Cybersecu-
rity Enhancement Act of 2015’’. 
SEC. 222. DEFINITIONS. 
In this subtitle: 
(1) AGENCY.—The term ‘‘agency’’ has the mean-
ing given the term in section 3502 of title 44, United 
States Code. 
(2) AGENCY
INFORMATION
SYSTEM.—The term 
‘‘agency information system’’ has the meaning given 
the term in section 228 of the Homeland Security Act 
of 2002, as added by section 223(a)(4) of this divi-
sion. 
(3) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
(B) the Committee on Homeland Security of 
the House of Representatives.
1733 
(4) CYBERSECURITY
RISK; INFORMATION
SYS-
TEM.—The terms ‘‘cybersecurity risk’’ and ‘‘informa-
tion system’’ have the meanings given those terms in 
section 227 of the Homeland Security Act of 2002, as 
so redesignated by section 223(a)(3) of this division. 
(5) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the Office of Management and Budget. 
(6) INTELLIGENCE COMMUNITY.—The term ‘‘in-
telligence community’’ has the meaning given the 
term in section 3(4) of the National Security Act of 
1947 (50 U.S.C. 3003(4)). 
(7) NATIONAL
SECURITY
SYSTEM.—The term 
‘‘national security system’’ has the meaning given the 
term in section 11103 of title 40, United States Code. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 223. IMPROVED FEDERAL NETWORK SECURITY. 
(a) IN GENERAL.—Subtitle C of title II of the Home-
land Security Act of 2002 (6 U.S.C. 141 et seq.) is amend-
ed— 
(1) by redesignating section 228 as section 229; 
(2) by redesignating section 227 as subsection (c) 
of section 228, as added by paragraph (4), and ad-
justing the margins accordingly;
1734 
(3) by redesignating the second section des-
ignated as section 226 (relating to the national cyber-
security and communications integration center) as 
section 227; 
(4) by inserting after section 227, as so redesig-
nated, the following: 
‘‘SEC. 228. CYBERSECURITY PLANS. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘agency information system’ means 
an information system used or operated by an agency 
or by another entity on behalf of an agency; 
‘‘(2) the terms ‘cybersecurity risk’ and ‘informa-
tion system’ have the meanings given those terms in 
section 227; 
‘‘(3) the term ‘intelligence community’ has the 
meaning given the term in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 3003(4)); and 
‘‘(4) the term ‘national security system’ has the 
meaning given the term in section 11103 of title 40, 
United States Code. 
‘‘(b) INTRUSION ASSESSMENT PLAN.— 
‘‘(1) REQUIREMENT.—The Secretary, in coordi-
nation with the Director of the Office of Management 
and Budget, shall—
1735 
‘‘(A) develop and implement an intrusion 
assessment plan to proactively detect, identify, 
and remove intruders in agency information sys-
tems on a routine basis; and 
‘‘(B) update such plan as necessary. 
‘‘(2) EXCEPTION.—The intrusion assessment 
plan required under paragraph (1) shall not apply to 
the Department of Defense, a national security sys-
tem, or an element of the intelligence community.’’; 
(5) in section 228(c), as so redesignated, by 
striking ‘‘section 226’’ and inserting ‘‘section 227’’; 
and 
(6) by inserting after section 229, as so redesig-
nated, the following: 
‘‘SEC. 230. FEDERAL INTRUSION DETECTION AND PREVEN-
TION SYSTEM. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘agency’ has the meaning given the 
term in section 3502 of title 44, United States Code; 
‘‘(2) the term ‘agency information’ means infor-
mation collected or maintained by or on behalf of an 
agency; 
‘‘(3) the term ‘agency information system’ has 
the meaning given the term in section 228; and
1736 
‘‘(4) the terms ‘cybersecurity risk’ and ‘informa-
tion system’ have the meanings given those terms in 
section 227. 
‘‘(b) REQUIREMENT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Secretary 
shall deploy, operate, and maintain, to make avail-
able for use by any agency, with or without reim-
bursement— 
‘‘(A) a capability to detect cybersecurity 
risks in network traffic transiting or traveling to 
or from an agency information system; and 
‘‘(B) a capability to prevent network traffic 
associated with such cybersecurity risks from 
transiting or traveling to or from an agency in-
formation system or modify such network traffic 
to remove the cybersecurity risk. 
‘‘(2) REGULAR
IMPROVEMENT.—The Secretary 
shall regularly deploy new technologies and modify 
existing technologies to the intrusion detection and 
prevention capabilities described in paragraph (1) as 
appropriate to improve the intrusion detection and 
prevention capabilities. 
‘‘(c) ACTIVITIES.—In carrying out subsection (b), the 
Secretary—
1737 
‘‘(1) may access, and the head of an agency may 
disclose to the Secretary or a private entity providing 
assistance to the Secretary under paragraph (2), in-
formation transiting or traveling to or from an agen-
cy information system, regardless of the location from 
which the Secretary or a private entity providing as-
sistance to the Secretary under paragraph (2) accesses 
such information, notwithstanding any other provi-
sion of law that would otherwise restrict or prevent 
the head of an agency from disclosing such informa-
tion to the Secretary or a private entity providing as-
sistance to the Secretary under paragraph (2); 
‘‘(2) may enter into contracts or other agree-
ments with, or otherwise request and obtain the as-
sistance of, private entities to deploy, operate, and 
maintain technologies in accordance with subsection 
(b); 
‘‘(3) may retain, use, and disclose information 
obtained through the conduct of activities authorized 
under this section only to protect information and in-
formation systems from cybersecurity risks; 
‘‘(4) shall regularly assess through operational 
test and evaluation in real world or simulated envi-
ronments available advanced protective technologies to 
improve detection and prevention capabilities, includ-
1738 
ing commercial and noncommercial technologies and 
detection technologies beyond signature-based detec-
tion, and acquire, test, and deploy such technologies 
when appropriate; 
‘‘(5) shall establish a pilot through which the 
Secretary may acquire, test, and deploy, as rapidly 
as possible, technologies described in paragraph (4); 
and 
‘‘(6) shall periodically update the privacy im-
pact assessment required under section 208(b) of the 
E-Government Act of 2002 (44 U.S.C. 3501 note). 
‘‘(d) PRINCIPLES.—In carrying out subsection (b), the 
Secretary shall ensure that— 
‘‘(1) activities carried out under this section are 
reasonably necessary for the purpose of protecting 
agency information and agency information systems 
from a cybersecurity risk; 
‘‘(2) information accessed by the Secretary will 
be retained no longer than reasonably necessary for 
the purpose of protecting agency information and 
agency information systems from a cybersecurity risk; 
‘‘(3) notice has been provided to users of an 
agency information system concerning access to com-
munications of users of the agency information sys-
1739 
tem for the purpose of protecting agency information 
and the agency information system; and 
‘‘(4) the activities are implemented pursuant to 
policies and procedures governing the operation of the 
intrusion detection and prevention capabilities. 
‘‘(e) PRIVATE ENTITIES.— 
‘‘(1) CONDITIONS.—A private entity described in 
subsection (c)(2) may not— 
‘‘(A) disclose any network traffic transiting 
or traveling to or from an agency information 
system to any entity other than the Department 
or the agency that disclosed the information 
under subsection (c)(1), including personal infor-
mation of a specific individual or information 
that identifies a specific individual not directly 
related to a cybersecurity risk; or 
‘‘(B) use any network traffic transiting or 
traveling to or from an agency information sys-
tem to which the private entity gains access in 
accordance with this section for any purpose 
other than to protect agency information and 
agency information systems against cybersecu-
rity risks or to administer a contract or other 
agreement entered into pursuant to subsection
1740 
(c)(2) or as part of another contract with the 
Secretary. 
‘‘(2) LIMITATION ON LIABILITY.—No cause of ac-
tion shall lie in any court against a private entity 
for assistance provided to the Secretary in accordance 
with this section and any contract or agreement en-
tered into pursuant to subsection (c)(2). 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (2) shall be construed to authorize an 
Internet service provider to break a user agreement 
with a customer without the consent of the customer. 
‘‘(f) PRIVACY OFFICER REVIEW.—Not later than 1 
year after the date of enactment of this section, the Privacy 
Officer appointed under section 222, in consultation with 
the Attorney General, shall review the policies and guide-
lines for the program carried out under this section to en-
sure that the policies and guidelines are consistent with ap-
plicable privacy laws, including those governing the acqui-
sition, interception, retention, use, and disclosure of com-
munications.’’. 
(b) AGENCY RESPONSIBILITIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2)— 
(A) not later than 1 year after the date of 
enactment of this Act or 2 months after the date
1741 
on which the Secretary makes available the in-
trusion detection and prevention capabilities 
under section 230(b)(1) of the Homeland Secu-
rity Act of 2002, as added by subsection (a), 
whichever is later, the head of each agency shall 
apply and continue to utilize the capabilities to 
all information traveling between an agency in-
formation system and any information system 
other than an agency information system; and 
(B) not later than 6 months after the date 
on which the Secretary makes available improve-
ments to the intrusion detection and prevention 
capabilities pursuant to section 230(b)(2) of the 
Homeland Security Act of 2002, as added by 
subsection (a), the head of each agency shall 
apply and continue to utilize the improved in-
trusion detection and prevention capabilities. 
(2) EXCEPTION.—The requirements under para-
graph (1) shall not apply to the Department of De-
fense, a national security system, or an element of the 
intelligence community. 
(3) DEFINITION.—Notwithstanding section 222, 
in this subsection, the term ‘‘agency information sys-
tem’’ means an information system owned or operated 
by an agency.
1742 
(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to limit an agency from 
applying the intrusion detection and prevention ca-
pabilities to an information system other than an 
agency information system under section 230(b)(1) of 
the Homeland Security Act of 2002, as added by sub-
section (a), at the discretion of the head of the agency 
or as provided in relevant policies, directives, and 
guidelines. 
(c) TABLE OF CONTENTS AMENDMENT.—The table of 
contents in section 1(b) of the Homeland Security Act of 
2002 (6 U.S.C. 101 note) is amended by striking the items 
relating to the first section designated as section 226, the 
second section designated as section 226 (relating to the na-
tional cybersecurity and communications integration cen-
ter), section 227, and section 228 and inserting the fol-
lowing: 
‘‘Sec. 226. Cybersecurity recruitment and retention. 
‘‘Sec. 227. National cybersecurity and communications integration center. 
‘‘Sec. 228. Cybersecurity plans. 
‘‘Sec. 229. Clearances. 
‘‘Sec. 230. Federal intrusion detection and prevention system.’’. 
SEC. 224. ADVANCED INTERNAL DEFENSES. 
(a) ADVANCED NETWORK SECURITY TOOLS.— 
(1) IN GENERAL.—The Secretary shall include, 
in the efforts of the Department to continuously diag-
nose and mitigate cybersecurity risks, advanced net-
work security tools to improve visibility of network
1743 
activity, including through the use of commercial and 
free or open source tools, and to detect and mitigate 
intrusions and anomalous activity. 
(2) DEVELOPMENT OF PLAN.—The Director shall 
develop and the Secretary shall implement a plan to 
ensure that each agency utilizes advanced network se-
curity tools, including those described in paragraph 
(1), to detect and mitigate intrusions and anomalous 
activity. 
(b) PRIORITIZING ADVANCED SECURITY TOOLS.—The 
Director and the Secretary, in consultation with appro-
priate agencies, shall— 
(1) review and update Government-wide policies 
and programs to ensure appropriate prioritization 
and use of network security monitoring tools within 
agency networks; and 
(2) brief appropriate congressional committees 
on such prioritization and use. 
(c) IMPROVED METRICS.—The Secretary, in collabora-
tion with the Director, shall review and update the metrics 
used to measure security under section 3554 of title 44, 
United States Code, to include measures of intrusion and 
incident detection and response times. 
(d) TRANSPARENCY AND ACCOUNTABILITY.—The Di-
rector, in consultation with the Secretary, shall increase
1744 
transparency to the public on agency cybersecurity posture, 
including by increasing the number of metrics available on 
Federal Government performance websites and, to the great-
est extent practicable, displaying metrics for department 
components, small agencies, and micro-agencies. 
(e) 
MAINTENANCE
OF
TECHNOLOGIES.—Section 
3553(b)(6)(B) of title 44, United States Code, is amended 
by inserting ‘‘, operating, and maintaining’’ after ‘‘deploy-
ing’’. 
(f) EXCEPTION.—The requirements under this section 
shall not apply to the Department of Defense, a national 
security system, or an element of the intelligence commu-
nity. 
SEC. 225. FEDERAL CYBERSECURITY REQUIREMENTS. 
(a) IMPLEMENTATION OF FEDERAL CYBERSECURITY 
STANDARDS.—Consistent with section 3553 of title 44, 
United States Code, the Secretary, in consultation with the 
Director, shall exercise the authority to issue binding oper-
ational directives to assist the Director in ensuring timely 
agency adoption of and compliance with policies and stand-
ards promulgated under section 11331 of title 40, United 
States Code, for securing agency information systems. 
(b) CYBERSECURITY REQUIREMENTS AT AGENCIES.— 
(1) IN
GENERAL.—Consistent with policies, 
standards, guidelines, and directives on information
1745 
security under subchapter II of chapter 35 of title 44, 
United States Code, and the standards and guidelines 
promulgated under section 11331 of title 40, United 
States Code, and except as provided in paragraph (2), 
not later than 1 year after the date of the enactment 
of this Act, the head of each agency shall— 
(A) identify sensitive and mission critical 
data stored by the agency consistent with the in-
ventory required under the first subsection (c) 
(relating to the inventory of major information 
systems) and the second subsection (c) (relating 
to the inventory of information systems) of sec-
tion 3505 of title 44, United States Code; 
(B) assess access controls to the data de-
scribed in subparagraph (A), the need for readily 
accessible storage of the data, and individuals’ 
need to access the data; 
(C) encrypt or otherwise render indecipher-
able to unauthorized users the data described in 
subparagraph (A) that is stored on or transiting 
agency information systems; 
(D) implement a single sign-on trusted 
identity platform for individuals accessing each 
public website of the agency that requires user 
authentication, as developed by the Adminis-
1746 
trator of General Services in collaboration with 
the Secretary; and 
(E) implement identity management con-
sistent with section 504 of the Cybersecurity En-
hancement Act of 2014 (Public Law 113–274; 15 
U.S.C. 7464), including multi-factor authentica-
tion, for— 
(i) remote access to an agency informa-
tion system; and 
(ii) each user account with elevated 
privileges on an agency information system. 
(2) EXCEPTION.—The requirements under para-
graph (1) shall not apply to an agency information 
system for which— 
(A) the head of the agency has personally 
certified to the Director with particularity 
that— 
(i) operational requirements articu-
lated in the certification and related to the 
agency information system would make it 
excessively burdensome to implement the cy-
bersecurity requirement; 
(ii) the cybersecurity requirement is 
not necessary to secure the agency informa-
1747 
tion system or agency information stored on 
or transiting it; and 
(iii) the agency has taken all necessary 
steps to secure the agency information sys-
tem and agency information stored on or 
transiting it; and 
(B) the head of the agency or the designee 
of the head of the agency has submitted the cer-
tification described in subparagraph (A) to the 
appropriate congressional committees and the 
agency’s authorizing committees. 
(3) CONSTRUCTION.—Nothing in this section 
shall be construed to alter the authority of the Sec-
retary, the Director, or the Director of the National 
Institute of Standards and Technology in imple-
menting subchapter II of chapter 35 of title 44, 
United States Code. Nothing in this section shall be 
construed to affect the National Institute of Standards 
and Technology standards process or the requirement 
under section 3553(a)(4) of such title or to discourage 
continued improvements and advancements in the 
technology, standards, policies, and guidelines used to 
promote Federal information security. 
(c) EXCEPTION.—The requirements under this section 
shall not apply to the Department of Defense, a national
1748 
security system, or an element of the intelligence commu-
nity. 
SEC. 226. ASSESSMENT; REPORTS. 
(a) DEFINITIONS.—In this section: 
(1) AGENCY INFORMATION.—The term ‘‘agency 
information’’ has the meaning given the term in sec-
tion 230 of the Homeland Security Act of 2002, as 
added by section 223(a)(6) of this division. 
(2) CYBER
THREAT
INDICATOR; 
DEFENSIVE 
MEASURE.—The terms ‘‘cyber threat indicator’’ and 
‘‘defensive measure’’ have the meanings given those 
terms in section 102. 
(3) INTRUSION ASSESSMENTS.—The term ‘‘intru-
sion assessments’’ means actions taken under the in-
trusion assessment plan to identify and remove in-
truders in agency information systems. 
(4) INTRUSION
ASSESSMENT
PLAN.—The term 
‘‘intrusion assessment plan’’ means the plan required 
under section 228(b)(1) of the Homeland Security Act 
of 2002, as added by section 223(a)(4) of this divi-
sion. 
(5) INTRUSION DETECTION AND PREVENTION CA-
PABILITIES.—The term ‘‘intrusion detection and pre-
vention capabilities’’ means the capabilities required
1749 
under section 230(b) of the Homeland Security Act of 
2002, as added by section 223(a)(6) of this division. 
(b) THIRD-PARTY ASSESSMENT.—Not later than 3 
years after the date of enactment of this Act, the Comp-
troller General of the United States shall conduct a study 
and publish a report on the effectiveness of the approach 
and strategy of the Federal Government to securing agency 
information systems, including the intrusion detection and 
prevention capabilities and the intrusion assessment plan. 
(c) REPORTS TO CONGRESS.— 
(1) INTRUSION DETECTION AND PREVENTION CA-
PABILITIES.— 
(A) SECRETARY
OF
HOMELAND
SECURITY 
REPORT.—Not later than 6 months after the date 
of enactment of this Act, and annually there-
after, the Secretary shall submit to the appro-
priate congressional committees a report on the 
status of implementation of the intrusion detec-
tion and prevention capabilities, including— 
(i) a description of privacy controls; 
(ii) a description of the technologies 
and capabilities utilized to detect cybersecu-
rity risks in network traffic, including the 
extent to which those technologies and capa-
1750 
bilities include existing commercial and 
noncommercial technologies; 
(iii) a description of the technologies 
and capabilities utilized to prevent network 
traffic associated with cybersecurity risks 
from transiting or traveling to or from 
agency information systems, including the 
extent to which those technologies and capa-
bilities include existing commercial and 
noncommercial technologies; 
(iv) a list of the types of indicators or 
other identifiers or techniques used to detect 
cybersecurity 
risks 
in 
network 
traffic 
transiting or traveling to or from agency 
information systems on each iteration of the 
intrusion detection and prevention capabili-
ties and the number of each such type of in-
dicator, identifier, and technique; 
(v) the number of instances in which 
the intrusion detection and prevention ca-
pabilities detected a cybersecurity risk in 
network traffic transiting or traveling to or 
from agency information systems and the 
number of times the intrusion detection and
1751 
prevention capabilities blocked network traf-
fic associated with cybersecurity risk; and 
(vi) a description of the pilot estab-
lished under section 230(c)(5) of the Home-
land Security Act of 2002, as added by sec-
tion 223(a)(6) of this division, including 
the number of new technologies tested and 
the number of participating agencies. 
(B) OMB REPORT.—Not later than 18 
months after the date of enactment of this Act, 
and annually thereafter, the Director shall sub-
mit to Congress, as part of the report required 
under section 3553(c) of title 44, United States 
Code, an analysis of agency application of the 
intrusion detection and prevention capabilities, 
including— 
(i) a list of each agency and the degree 
to which each agency has applied the intru-
sion detection and prevention capabilities to 
an agency information system; and 
(ii) a list by agency of— 
(I) the number of instances in 
which the intrusion detection and pre-
vention capabilities detected a cyberse-
curity 
risk 
in 
network 
traffic
1752 
transiting or traveling to or from an 
agency information system and the 
types of indicators, identifiers, and 
techniques used to detect such cyberse-
curity risks; and 
(II) the number of instances in 
which the intrusion detection and pre-
vention capabilities prevented network 
traffic associated with a cybersecurity 
risk from transiting or traveling to or 
from an agency information system 
and the types of indicators, identifiers, 
and techniques used to detect such 
agency information systems. 
(C) CHIEF
INFORMATION
OFFICER.—Not 
earlier than 18 months after the date of enact-
ment of this Act and not later than 2 years after 
the date of enactment of this Act, the Federal 
Chief Information Officer shall review and sub-
mit to the appropriate congressional committees 
a report assessing the intrusion detection and in-
trusion prevention capabilities, including— 
(i) the effectiveness of the system in de-
tecting, disrupting, and preventing cyber- 
threat actors, including advanced persistent
1753 
threats, from accessing agency information 
and agency information systems; 
(ii) whether the intrusion detection 
and prevention capabilities, continuous 
diagnostics and mitigation, and other sys-
tems deployed under subtitle D of title II of 
the Homeland Security Act of 2002 (6 
U.S.C. 231 et seq.) are effective in securing 
Federal information systems; 
(iii) the costs and benefits of the intru-
sion detection and prevention capabilities, 
including as compared to commercial tech-
nologies and tools and including the value 
of classified cyber threat indicators; and 
(iv) the capability of agencies to pro-
tect sensitive cyber threat indicators and de-
fensive measures if they were shared through 
unclassified mechanisms for use in commer-
cial technologies and tools. 
(2) OMB REPORT ON DEVELOPMENT AND IMPLE-
MENTATION
OF
INTRUSION
ASSESSMENT
PLAN, AD-
VANCED INTERNAL DEFENSES, AND FEDERAL CYBER-
SECURITY REQUIREMENTS.—The Director shall— 
(A) not later than 6 months after the date 
of enactment of this Act, and 30 days after any
1754 
update thereto, submit the intrusion assessment 
plan to the appropriate congressional commit-
tees; 
(B) not later than 1 year after the date of 
enactment of this Act, and annually thereafter, 
submit to Congress, as part of the report re-
quired under section 3553(c) of title 44, United 
States Code— 
(i) a description of the implementation 
of the intrusion assessment plan; 
(ii) the findings of the intrusion assess-
ments conducted pursuant to the intrusion 
assessment plan; 
(iii) a description of the advanced net-
work security tools included in the efforts to 
continuously diagnose and mitigate cyberse-
curity risks pursuant to section 224(a)(1); 
and 
(iv) a list by agency of compliance 
with the requirements of section 225(b); and 
(C) not later than 1 year after the date of 
enactment of this Act, submit to the appropriate 
congressional committees— 
(i) a copy of the plan developed pursu-
ant to section 224(a)(2); and
1755 
(ii) the improved metrics developed 
pursuant to section 224(c). 
(d) FORM.—Each report required under this section 
shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 227. TERMINATION. 
(a) IN GENERAL.—The authority provided under sec-
tion 230 of the Homeland Security Act of 2002, as added 
by section 223(a)(6) of this division, and the reporting re-
quirements under section 226(c) of this division shall termi-
nate on the date that is 7 years after the date of enactment 
of this Act. 
(b) RULE OF CONSTRUCTION.—Nothing in subsection 
(a) shall be construed to affect the limitation of liability 
of a private entity for assistance provided to the Secretary 
under section 230(d)(2) of the Homeland Security Act of 
2002, as added by section 223(a)(6) of this division, if such 
assistance was rendered before the termination date under 
subsection (a) or otherwise during a period in which the 
assistance was authorized. 
SEC. 228. IDENTIFICATION OF INFORMATION SYSTEMS RE-
LATING TO NATIONAL SECURITY. 
(a) IN GENERAL.—Except as provided in subsection 
(c), not later than 180 days after the date of enactment of 
this Act—
1756 
(1) the Director of National Intelligence and the 
Director of the Office of Management and Budget, in 
coordination with the heads of other agencies, shall— 
(A) identify all unclassified information 
systems that provide access to information that 
may provide an adversary with the ability to de-
rive information that would otherwise be consid-
ered classified; 
(B) assess the risks that would result from 
the breach of each unclassified information sys-
tem identified in subparagraph (A); and 
(C) assess the cost and impact on the mis-
sion carried out by each agency that owns an 
unclassified information system identified in 
subparagraph (A) if the system were to be subse-
quently designated as a national security system; 
and 
(2) the Director of National Intelligence and the 
Director of the Office of Management and Budget 
shall submit to the appropriate congressional commit-
tees, the Select Committee on Intelligence of the Sen-
ate, and the Permanent Select Committee on Intel-
ligence of the House of Representatives a report that 
includes the findings under paragraph (1).
1757 
(b) FORM.—The report submitted under subsection 
(a)(2) shall be in unclassified form, and shall include a 
classified annex. 
(c) EXCEPTION.—The requirements under subsection 
(a)(1) shall not apply to the Department of Defense, a na-
tional security system, or an element of the intelligence 
community. 
(d) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to designate an information system as 
a national security system. 
SEC. 229. DIRECTION TO AGENCIES. 
(a) IN GENERAL.—Section 3553 of title 44, United 
States Code, is amended by adding at the end the following: 
‘‘(h) DIRECTION TO AGENCIES.— 
‘‘(1) AUTHORITY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in response to a known or reasonably 
suspected information security threat, vulner-
ability, or incident that represents a substantial 
threat to the information security of an agency, 
the Secretary may issue an emergency directive 
to the head of an agency to take any lawful ac-
tion with respect to the operation of the informa-
tion system, including such systems used or oper-
ated by another entity on behalf of an agency,
1758 
that collects, processes, stores, transmits, dissemi-
nates, or otherwise maintains agency informa-
tion, for the purpose of protecting the informa-
tion system from, or mitigating, an information 
security threat. 
‘‘(B) EXCEPTION.—The authorities of the 
Secretary under this subsection shall not apply 
to a system described subsection (d) or to a sys-
tem described in paragraph (2) or (3) of sub-
section (e). 
‘‘(2) PROCEDURES FOR USE OF AUTHORITY.— 
The Secretary shall— 
‘‘(A) in coordination with the Director, and 
in consultation with Federal contractors as ap-
propriate, establish procedures governing the cir-
cumstances under which a directive may be 
issued under this subsection, which shall in-
clude— 
‘‘(i) thresholds and other criteria; 
‘‘(ii) privacy and civil liberties protec-
tions; and 
‘‘(iii) providing notice to potentially 
affected third parties; 
‘‘(B) specify the reasons for the required ac-
tion and the duration of the directive;
1759 
‘‘(C) minimize the impact of a directive 
under this subsection by— 
‘‘(i) adopting the least intrusive means 
possible under the circumstances to secure 
the agency information systems; and 
‘‘(ii) limiting directives to the shortest 
period practicable; 
‘‘(D) notify the Director and the head of 
any affected agency immediately upon the 
issuance of a directive under this subsection; 
‘‘(E) consult with the Director of the Na-
tional Institute of Standards and Technology re-
garding any directive under this subsection that 
implements standards and guidelines developed 
by the National Institute of Standards and Tech-
nology; 
‘‘(F) ensure that directives issued under this 
subsection do not conflict with the standards and 
guidelines issued under section 11331 of title 40; 
‘‘(G) consider any applicable standards or 
guidelines developed by the National Institute of 
Standards and Technology issued by the Sec-
retary of Commerce under section 11331 of title 
40; and
1760 
‘‘(H) not later than February 1 of each 
year, submit to the appropriate congressional 
committees a report regarding the specific ac-
tions the Secretary has taken pursuant to para-
graph (1)(A). 
‘‘(3) IMMINENT THREATS.— 
‘‘(A) IN
GENERAL.—Notwithstanding sec-
tion 3554, the Secretary may authorize the use 
under this subsection of the intrusion detection 
and prevention capabilities established under 
section 230(b)(1) of the Homeland Security Act 
of 2002 for the purpose of ensuring the security 
of agency information systems, if— 
‘‘(i) the Secretary determines there is 
an imminent threat to agency information 
systems; 
‘‘(ii) the Secretary determines a direc-
tive under subsection (b)(2)(C) or para-
graph (1)(A) is not reasonably likely to re-
sult in a timely response to the threat; 
‘‘(iii) the Secretary determines the risk 
posed by the imminent threat outweighs any 
adverse consequences reasonably expected to 
result from the use of the intrusion detection
1761 
and prevention capabilities under the con-
trol of the Secretary; 
‘‘(iv) the Secretary provides prior no-
tice to the Director, and the head and chief 
information officer (or equivalent official) of 
each agency to which specific actions will be 
taken pursuant to this paragraph, and noti-
fies the appropriate congressional commit-
tees and authorizing committees of each 
such agency within 7 days of taking an ac-
tion under this paragraph of— 
‘‘(I) any action taken under this 
paragraph; and 
‘‘(II) the reasons for and duration 
and nature of the action; 
‘‘(v) the action of the Secretary is con-
sistent with applicable law; and 
‘‘(vi) the Secretary authorizes the use 
of the intrusion detection and prevention 
capabilities in accordance with the advance 
procedures established under subparagraph 
(C). 
‘‘(B) LIMITATION
ON
DELEGATION.—The 
authority under this paragraph may not be dele-
gated by the Secretary.
1762 
‘‘(C) ADVANCE
PROCEDURES.—The Sec-
retary shall, in coordination with the Director, 
and in consultation with the heads of Federal 
agencies, establish procedures governing the cir-
cumstances under which the Secretary may au-
thorize the use of the intrusion detection and 
prevention capabilities under subparagraph (A). 
The Secretary shall submit the procedures to 
Congress. 
‘‘(4) LIMITATION.—The Secretary may direct or 
authorize lawful action or the use of the intrusion de-
tection and prevention capabilities under this sub-
section only to— 
‘‘(A) protect agency information from unau-
thorized access, use, disclosure, disruption, modi-
fication, or destruction; or 
‘‘(B) require the remediation of or protect 
against identified information security risks 
with respect to— 
‘‘(i) information collected or main-
tained by or on behalf of an agency; or 
‘‘(ii) that portion of an information 
system used or operated by an agency or by 
a contractor of an agency or other organiza-
tion on behalf of an agency.
1763 
‘‘(i) ANNUAL REPORT TO CONGRESS.—Not later than 
February 1 of each year, the Director and the Secretary 
shall submit to the appropriate congressional committees a 
report regarding the specific actions the Director and the 
Secretary have taken pursuant to subsection (a)(5), includ-
ing any actions taken pursuant to section 11303(b)(5) of 
title 40. 
‘‘(j) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘appropriate congres-
sional committees’ means— 
‘‘(1) the Committee on Appropriations and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate; and 
‘‘(2) the Committee on Appropriations, the Com-
mittee on Homeland Security, the Committee on 
Oversight and Government Reform, and the Com-
mittee on Science, Space, and Technology of the 
House of Representatives.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
3554(a)(1)(B) of title 44, United States Code, is amended— 
(1) in clause (iii), by striking ‘‘and’’ at the end; 
and 
(2) by adding at the end the following: 
‘‘(v) emergency directives issued by the 
Secretary under section 3553(h); and’’.
1764 
TITLE 
III—FEDERAL 
CYBERSE-
CURITY WORKFORCE ASSESS-
MENT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Federal Cybersecurity 
Workforce Assessment Act of 2015’’. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Armed Services of the 
Senate; 
(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(C) the Select Committee on Intelligence of 
the Senate; 
(D) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(E) the Committee on Armed Services of the 
House of Representatives; 
(F) the Committee on Homeland Security of 
the House of Representatives;
1765 
(G) the Committee on Oversight and Gov-
ernment Reform of the House of Representatives; 
and 
(H) the Permanent Select Committee on In-
telligence of the House of Representatives. 
(2) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the Office of Personnel Management. 
(3) NATIONAL INITIATIVE FOR CYBERSECURITY 
EDUCATION.—The term ‘‘National Initiative for Cy-
bersecurity Education’’ means the initiative under the 
national cybersecurity awareness and education pro-
gram, as authorized under section 401 of the Cyberse-
curity Enhancement Act of 2014 (15 U.S.C. 7451). 
(4) WORK
ROLES.—The term ‘‘ work roles’’ 
means a specialized set of tasks and functions requir-
ing specific knowledge, skills, and abilities. 
SEC. 303. NATIONAL CYBERSECURITY WORKFORCE MEAS-
UREMENT INITIATIVE. 
(a) IN GENERAL.—The head of each Federal agency 
shall— 
(1) identify all positions within the agency that 
require the performance of cybersecurity or other 
cyber-related functions; and
1766 
(2) assign the corresponding employment code 
under the National Initiative for Cybersecurity Edu-
cation in accordance with subsection (b). 
(b) EMPLOYMENT CODES.— 
(1) PROCEDURES.— 
(A) CODING STRUCTURE.—Not later than 
180 days after the date of the enactment of this 
Act, the Director, in coordination with the Na-
tional Institute of Standards and Technology, 
shall develop a coding structure under the Na-
tional Initiative for Cybersecurity Education. 
(B) IDENTIFICATION
OF
CIVILIAN
CYBER 
PERSONNEL.—Not later than 9 months after the 
date of enactment of this Act, the Director, in co-
ordination with the Secretary of Homeland Se-
curity, the Director of the National Institute of 
Standards and Technology, and the Director of 
National Intelligence, shall establish procedures 
to implement the National Initiative for Cyberse-
curity Education coding structure to identify all 
Federal civilian positions that require the per-
formance of information technology, cybersecu-
rity, or other cyber-related functions. 
(C) IDENTIFICATION OF NONCIVILIAN CYBER 
PERSONNEL.—Not later than 18 months after the
1767 
date of enactment of this Act, the Secretary of 
Defense shall establish procedures to implement 
the National Initiative for Cybersecurity Edu-
cation’s coding structure to identify all Federal 
noncivilian positions that require the perform-
ance of information technology, cybersecurity, or 
other cyber-related functions. 
(D) BASELINE
ASSESSMENT
OF
EXISTING 
CYBERSECURITY WORKFORCE.—Not later than 3 
months after the date on which the procedures 
are developed under subparagraphs (B) and (C), 
respectively, the head of each Federal agency 
shall submit to the appropriate congressional 
committees of jurisdiction a report that identi-
fies— 
(i) the percentage of personnel with in-
formation technology, cybersecurity, or other 
cyber-related job functions who currently 
hold the appropriate industry-recognized 
certifications as identified under the Na-
tional Initiative for Cybersecurity Edu-
cation; 
(ii) the level of preparedness of other 
civilian and noncivilian cyber personnel
1768 
without existing credentials to take certifi-
cation exams; and 
(iii) a strategy for mitigating any 
gaps identified in clause (i) or (ii) with the 
appropriate training and certification for 
existing personnel. 
(E) PROCEDURES FOR ASSIGNING CODES.— 
Not later than 3 months after the date on which 
the procedures are developed under subpara-
graphs (B) and (C), respectively, the head of 
each Federal agency shall establish procedures— 
(i) to identify all encumbered and va-
cant positions with information technology, 
cybersecurity, or other cyber-related func-
tions (as defined in the National Initiative 
for Cybersecurity Education’s coding struc-
ture); and 
(ii) to assign the appropriate employ-
ment code to each such position, using 
agreed standards and definitions. 
(2) CODE ASSIGNMENTS.—Not later than 1 year 
after the date after the procedures are established 
under paragraph (1)(E), the head of each Federal 
agency shall complete assignment of the appropriate 
employment code to each position within the agency
1769 
with information technology, cybersecurity, or other 
cyber-related functions. 
(c) PROGRESS REPORT.—Not later than 180 days 
after the date of enactment of this Act, the Director shall 
submit a progress report on the implementation of this sec-
tion to the appropriate congressional committees. 
SEC. 304. IDENTIFICATION OF CYBER-RELATED WORK 
ROLES OF CRITICAL NEED. 
(a) IN GENERAL.—Beginning not later than 1 year 
after the date on which the employment codes are assigned 
to employees pursuant to section 303(b)(2), and annually 
thereafter through 2022, the head of each Federal agency, 
in consultation with the Director, the Director of the Na-
tional Institute of Standards and Technology, and the Sec-
retary of Homeland Security, shall— 
(1) identify information technology, cybersecu-
rity, or other cyber-related work roles of critical need 
in the agency’s workforce; and 
(2) submit a report to the Director that— 
(A) describes the information technology, 
cybersecurity, or other cyber-related roles identi-
fied under paragraph (1); and 
(B) substantiates the critical need designa-
tions.
1770 
(b) GUIDANCE.—The Director shall provide Federal 
agencies with timely guidance for identifying information 
technology, cybersecurity, or other cyber-related roles of crit-
ical need, including— 
(1) current information technology, cybersecu-
rity, and other cyber-related roles with acute skill 
shortages; and 
(2) information technology, cybersecurity, or 
other cyber-related roles with emerging skill shortages. 
(c) CYBERSECURITY NEEDS REPORT.—Not later than 
2 years after the date of the enactment of this Act, the Direc-
tor, in consultation with the Secretary of Homeland Secu-
rity, shall— 
(1) identify critical needs for information tech-
nology, cybersecurity, or other cyber-related workforce 
across all Federal agencies; and 
(2) submit a progress report on the implementa-
tion of this section to the appropriate congressional 
committees. 
SEC. 305. GOVERNMENT ACCOUNTABILITY OFFICE STATUS 
REPORTS. 
The Comptroller General of the United States shall— 
(1) analyze and monitor the implementation of 
sections 303 and 304; and
1771 
(2) not later than 3 years after the date of the 
enactment of this Act, submit a report to the appro-
priate congressional committees that describes the sta-
tus of such implementation. 
TITLE IV—OTHER CYBER 
MATTERS 
SEC. 401. STUDY ON MOBILE DEVICE SECURITY. 
(a) IN GENERAL.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Homeland Se-
curity, in consultation with the Director of the National 
Institute of Standards and Technology, shall— 
(1) complete a study on threats relating to the 
security of the mobile devices of the Federal Govern-
ment; and 
(2) submit an unclassified report to Congress, 
with a classified annex if necessary, that contains the 
findings of such study, the recommendations devel-
oped under paragraph (3) of subsection (b), the defi-
ciencies, if any, identified under (4) of such sub-
section, and the plan developed under paragraph (5) 
of such subsection. 
(b) MATTERS STUDIED.—In carrying out the study 
under subsection (a)(1), the Secretary, in consultation with 
the Director of the National Institute of Standards and 
Technology, shall—
1772 
(1) assess the evolution of mobile security tech-
niques from a desktop-centric approach, and whether 
such techniques are adequate to meet current mobile 
security challenges; 
(2) assess the effect such threats may have on the 
cybersecurity of the information systems and networks 
of the Federal Government (except for national secu-
rity systems or the information systems and networks 
of the Department of Defense and the intelligence 
community); 
(3) develop recommendations for addressing such 
threats based on industry standards and best prac-
tices; 
(4) identify any deficiencies in the current au-
thorities of the Secretary that may inhibit the ability 
of the Secretary to address mobile device security 
throughout the Federal Government (except for na-
tional security systems and the information systems 
and networks of the Department of Defense and intel-
ligence community); and 
(5) develop a plan for accelerated adoption of se-
cure mobile device technology by the Department of 
Homeland Security. 
(c) INTELLIGENCE COMMUNITY DEFINED.—In this sec-
tion, the term ‘‘intelligence community’’ has the meaning
1773 
given such term in section 3 of the National Security Act 
of 1947 (50 U.S.C. 3003). 
SEC. 402. DEPARTMENT OF STATE INTERNATIONAL CYBER-
SPACE POLICY STRATEGY. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of State 
shall produce a comprehensive strategy relating to United 
States international policy with regard to cyberspace. 
(b) ELEMENTS.—The strategy required by subsection 
(a) shall include the following: 
(1) A review of actions and activities undertaken 
by the Secretary of State to date to support the goal 
of the President’s International Strategy for Cyber-
space, released in May 2011, to ‘‘work internationally 
to promote an open, interoperable, secure, and reliable 
information and communications infrastructure that 
supports international trade and commerce, strength-
ens international security, and fosters free expression 
and innovation.’’. 
(2) A plan of action to guide the diplomacy of 
the Secretary of State, with regard to foreign coun-
tries, including conducting bilateral and multilateral 
activities to develop the norms of responsible inter-
national behavior in cyberspace, and status review of
1774 
existing discussions in multilateral fora to obtain 
agreements on international norms in cyberspace. 
(3) A review of the alternative concepts with re-
gard to international norms in cyberspace offered by 
foreign countries that are prominent actors, including 
China, Russia, Brazil, and India. 
(4) A detailed description of threats to United 
States national security in cyberspace from foreign 
countries, state-sponsored actors, and private actors to 
Federal and private sector infrastructure of the 
United States, intellectual property in the United 
States, and the privacy of citizens of the United 
States. 
(5) A review of policy tools available to the 
President to deter foreign countries, state-sponsored 
actors, and private actors, including those outlined in 
Executive Order 13694, released on April 1, 2015. 
(6) A review of resources required by the Sec-
retary, including the Office of the Coordinator for 
Cyber Issues, to conduct activities to build responsible 
norms of international cyber behavior. 
(c) CONSULTATION.—In preparing the strategy re-
quired by subsection (a), the Secretary of State shall con-
sult, as appropriate, with other agencies and departments 
of the United States and the private sector and nongovern-
1775 
mental organizations in the United States with recognized 
credentials and expertise in foreign policy, national secu-
rity, and cybersecurity. 
(d) FORM OF STRATEGY.—The strategy required by 
subsection (a) shall be in unclassified form, but may include 
a classified annex. 
(e) AVAILABILITY OF INFORMATION.—The Secretary of 
State shall— 
(1) make the strategy required in subsection (a) 
available the public; and 
(2) brief the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs of 
the House of Representatives on the strategy, includ-
ing any material contained in a classified annex. 
SEC. 403. APPREHENSION AND PROSECUTION OF INTER-
NATIONAL CYBER CRIMINALS. 
(a) INTERNATIONAL CYBER CRIMINAL DEFINED.—In 
this section, the term ‘‘international cyber criminal’’ means 
an individual— 
(1) who is believed to have committed a 
cybercrime or intellectual property crime against the 
interests of the United States or the citizens of the 
United States; and 
(2) for whom—
1776 
(A) an arrest warrant has been issued by a 
judge in the United States; or 
(B) an international wanted notice (com-
monly referred to as a ‘‘Red Notice’’) has been 
circulated by Interpol. 
(b) CONSULTATIONS
FOR
NONCOOPERATION.—The 
Secretary of State, or designee, shall consult with the appro-
priate government official of each country from which ex-
tradition is not likely due to the lack of an extradition trea-
ty with the United States or other reasons, in which one 
or more international cyber criminals are physically 
present, to determine what actions the government of such 
country has taken— 
(1) to apprehend and prosecute such criminals; 
and 
(2) to prevent such criminals from carrying out 
cybercrimes or intellectual property crimes against 
the interests of the United States or its citizens. 
(c) ANNUAL REPORT.— 
(1) IN GENERAL.—The Secretary of State shall 
submit to the appropriate congressional committees 
an annual report that includes— 
(A) the number of international cyber 
criminals 
located 
in 
other 
countries, 
disaggregated by country, and indicating from
1777 
which countries extradition is not likely due to 
the lack of an extradition treaty with the United 
States or other reasons; 
(B) the nature and number of significant 
discussions by an official of the Department of 
State on ways to thwart or prosecute inter-
national cyber criminals with an official of an-
other country, including the name of each such 
country; and 
(C) for each international cyber criminal 
who was extradited to the United States during 
the most recently completed calendar year— 
(i) his or her name; 
(ii) the crimes for which he or she was 
charged; 
(iii) his or her previous country of res-
idence; and 
(iv) the country from which he or she 
was extradited into the United States. 
(2) FORM.—The report required by this sub-
section shall be in unclassified form to the maximum 
extent possible, but may include a classified annex. 
(3) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—For purposes of this subsection, the term ‘‘ap-
propriate congressional committees’’ means—
1778 
(A) the Committee on Foreign Relations, the 
Committee on Appropriations, the Committee on 
Homeland Security and Governmental Affairs, 
the Committee on Banking, Housing, and Urban 
Affairs, the Select Committee on Intelligence, 
and the Committee on the Judiciary of the Sen-
ate; and 
(B) the Committee on Foreign Affairs, the 
Committee on Appropriations, the Committee on 
Homeland Security, the Committee on Financial 
Services, the Permanent Select Committee on In-
telligence, and the Committee on the Judiciary of 
the House of Representatives. 
SEC. 404. ENHANCEMENT OF EMERGENCY SERVICES. 
(a) COLLECTION OF DATA.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Homeland Security, acting through the center established 
under section 227 of the Homeland Security Act of 2002, 
as redesignated by section 223(a)(3) of this division, in co-
ordination with appropriate Federal entities and the Direc-
tor for Emergency Communications, shall establish a proc-
ess by which a Statewide Interoperability Coordinator may 
report data on any cybersecurity risk or incident involving 
any information system or network used by emergency re-
1779 
sponse providers (as defined in section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101)) within the State. 
(b) ANALYSIS OF DATA.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary of Home-
land Security, acting through the Director of the National 
Cybersecurity and Communications Integration Center, in 
coordination with appropriate entities and the Director for 
Emergency Communications, and in consultation with the 
Secretary of Commerce, acting through the Director of the 
National Institute of Standards and Technology, shall con-
duct integration and analysis of the data reported under 
subsection (a) to develop information and recommendations 
on security and resilience measures for any information 
system or network used by State emergency response pro-
viders. 
(c) BEST PRACTICES.— 
(1) IN GENERAL.—Using the results of the inte-
gration and analysis conducted under subsection (b), 
and any other relevant information, the Director of 
the National Institute of Standards and Technology 
shall, on an ongoing basis, facilitate and support the 
development of methods for reducing cybersecurity 
risks to emergency response providers using the proc-
ess described in section 2(e) of the National Institute 
of Standards and Technology Act (15 U.S.C. 272(e)).
1780 
(2) REPORT.—The Director of the National In-
stitute of Standards and Technology shall submit to 
Congress a report on the result of the activities of the 
Director under paragraph (1), including any methods 
developed by the Director under such paragraph, and 
shall make such report publicly available on the 
website of the National Institute of Standards and 
Technology. 
(d) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to— 
(1) require a State to report data under sub-
section (a); or 
(2) require a non-Federal entity (as defined in 
section 102) to— 
(A) adopt a recommended measure devel-
oped under subsection (b); or 
(B) follow the result of the activities carried 
out under subsection (c), including any methods 
developed under such subsection. 
SEC. 405. IMPROVING CYBERSECURITY IN THE HEALTH 
CARE INDUSTRY. 
(a) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means—
1781 
(A) the Committee on Health, Education, 
Labor, and Pensions, the Committee on Home-
land Security and Governmental Affairs, and the 
Select Committee on Intelligence of the Senate; 
and 
(B) the Committee on Energy and Com-
merce, the Committee on Homeland Security, 
and the Permanent Select Committee on Intel-
ligence of the House of Representatives. 
(2) BUSINESS ASSOCIATE.—The term ‘‘business 
associate’’ has the meaning given such term in section 
160.103 of title 45, Code of Federal Regulations (as 
in effect on the day before the date of the enactment 
of this Act). 
(3) COVERED ENTITY.—The term ‘‘covered enti-
ty’’ has the meaning given such term in section 
160.103 of title 45, Code of Federal Regulations (as 
in effect on the day before the date of the enactment 
of this Act). 
(4) CYBERSECURITY THREAT; CYBER THREAT IN-
DICATOR; DEFENSIVE
MEASURE; FEDERAL
ENTITY; 
NON-FEDERAL ENTITY; PRIVATE ENTITY.—The terms 
‘‘cybersecurity threat’’, ‘‘cyber threat indicator’’, ‘‘de-
fensive measure’’, ‘‘Federal entity’’, ‘‘non-Federal en-
1782 
tity’’, and ‘‘private entity’’ have the meanings given 
such terms in section 102 of this division. 
(5) HEALTH
CARE
CLEARINGHOUSE; HEALTH 
CARE PROVIDER; HEALTH PLAN.—The terms ‘‘health 
care clearinghouse’’, ‘‘health care provider’’, and 
‘‘health plan’’ have the meanings given such terms in 
section 160.103 of title 45, Code of Federal Regula-
tions (as in effect on the day before the date of the 
enactment of this Act). 
(6) HEALTH CARE INDUSTRY STAKEHOLDER.— 
The term ‘‘health care industry stakeholder’’ means 
any— 
(A) health plan, health care clearinghouse, 
or health care provider; 
(B) advocate for patients or consumers; 
(C) pharmacist; 
(D) developer or vendor of health informa-
tion technology; 
(E) laboratory; 
(F) pharmaceutical or medical device man-
ufacturer; or 
(G) additional stakeholder the Secretary de-
termines necessary for purposes of subsection 
(b)(1), (c)(1), (c)(3), or (d)(1).
1783 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall 
submit to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee 
on Energy and Commerce of the House of Representa-
tives a report on the preparedness of the Department 
of Health and Human Services and health care in-
dustry stakeholders in responding to cybersecurity 
threats. 
(2) CONTENTS OF REPORT.—With respect to the 
internal response of the Department of Health and 
Human Services to emerging cybersecurity threats, 
the report under paragraph (1) shall include— 
(A) a clear statement of the official within 
the Department of Health and Human Services 
to be responsible for leading and coordinating ef-
forts of the Department regarding cybersecurity 
threats in the health care industry; and 
(B) a plan from each relevant operating di-
vision and subdivision of the Department of 
Health and Human Services on how such divi-
sion or subdivision will address cybersecurity
1784 
threats in the health care industry, including a 
clear delineation of how each such division or 
subdivision will divide responsibility among the 
personnel of such division or subdivision and 
communicate with other such divisions and sub-
divisions regarding efforts to address such 
threats. 
(c) HEALTH CARE INDUSTRY CYBERSECURITY TASK 
FORCE.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary, 
in consultation with the Director of the National In-
stitute of Standards and Technology and the Sec-
retary of Homeland Security, shall convene health 
care industry stakeholders, cybersecurity experts, and 
any Federal agencies or entities the Secretary deter-
mines appropriate to establish a task force to— 
(A) analyze how industries, other than the 
health care industry, have implemented strate-
gies and safeguards for addressing cybersecurity 
threats within their respective industries; 
(B) analyze challenges and barriers private 
entities (excluding any State, tribal, or local gov-
ernment) in the health care industry face secur-
ing themselves against cyber attacks;
1785 
(C) review challenges that covered entities 
and 
business 
associates 
face 
in 
securing 
networked medical devices and other software or 
systems that connect to an electronic health 
record; 
(D) provide the Secretary with information 
to disseminate to health care industry stake-
holders of all sizes for purposes of improving 
their preparedness for, and response to, cyberse-
curity threats affecting the health care industry; 
(E) establish a plan for implementing title 
I of this division, so that the Federal Govern-
ment and health care industry stakeholders may 
in real time, share actionable cyber threat indi-
cators and defensive measures; and 
(F) report to the appropriate congressional 
committees on the findings and recommendations 
of the task force regarding carrying out subpara-
graphs (A) through (E). 
(2) TERMINATION.—The task force established 
under this subsection shall terminate on the date that 
is 1 year after the date on which such task force is 
established. 
(3) DISSEMINATION.—Not later than 60 days 
after the termination of the task force established
1786 
under this subsection, the Secretary shall disseminate 
the information described in paragraph (1)(D) to 
health care industry stakeholders in accordance with 
such paragraph. 
(d) ALIGNING HEALTH CARE INDUSTRY SECURITY AP-
PROACHES.— 
(1) IN GENERAL.—The Secretary shall establish, 
through a collaborative process with the Secretary of 
Homeland Security, health care industry stakeholders, 
the Director of the National Institute of Standards 
and Technology, and any Federal entity or non-Fed-
eral entity the Secretary determines appropriate, a 
common set of voluntary, consensus-based, and indus-
try-led guidelines, best practices, methodologies, proce-
dures, and processes that— 
(A) serve as a resource for cost-effectively re-
ducing cybersecurity risks for a range of health 
care organizations; 
(B) support voluntary adoption and imple-
mentation efforts to improve safeguards to ad-
dress cybersecurity threats; 
(C) are consistent with— 
(i) the standards, guidelines, best prac-
tices, methodologies, procedures, and proc-
esses developed under section 2(c)(15) of the
1787 
National Institute of Standards and Tech-
nology Act (15 U.S.C. 272(c)(15)); 
(ii) the security and privacy regula-
tions promulgated under section 264(c) of 
the Health Insurance Portability and Ac-
countability Act of 1996 (42 U.S.C. 1320d– 
2 note); and 
(iii) the provisions of the Health Infor-
mation Technology for Economic and Clin-
ical Health Act (title XIII of division A, 
and title IV of division B, of Public Law 
111–5), and the amendments made by such 
Act; and 
(D) are updated on a regular basis and ap-
plicable to a range of health care organizations. 
(2) LIMITATION.—Nothing in this subsection 
shall be interpreted as granting the Secretary author-
ity to— 
(A) provide for audits to ensure that health 
care organizations are in compliance with this 
subsection; or 
(B) mandate, direct, or condition the award 
of any Federal grant, contract, or purchase, on 
compliance with this subsection.
1788 
(3) NO
LIABILITY
FOR
NONPARTICIPATION.— 
Nothing in this section shall be construed to subject 
a health care industry stakeholder to liability for 
choosing not to engage in the voluntary activities au-
thorized or guidelines developed under this subsection. 
(e) INCORPORATING ONGOING ACTIVITIES.—In car-
rying out the activities under this section, the Secretary 
may incorporate activities that are ongoing as of the day 
before the date of enactment of this Act and that are con-
sistent with the objectives of this section. 
(f) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to limit the antitrust exemption under 
section 104(e) or the protection from liability under section 
106. 
SEC. 406. FEDERAL COMPUTER SECURITY. 
(a) DEFINITIONS.—In this section: 
(1) COVERED SYSTEM.—The term ‘‘covered sys-
tem’’ shall mean a national security system as de-
fined in section 11103 of title 40, United States Code, 
or a Federal computer system that provides access to 
personally identifiable information. 
(2) COVERED AGENCY.—The term ‘‘covered agen-
cy’’ means an agency that operates a covered system. 
(3) LOGICAL ACCESS CONTROL.—The term ‘‘log-
ical access control’’ means a process of granting or de-
1789 
nying specific requests to obtain and use information 
and related information processing services. 
(4) MULTI-FACTOR AUTHENTICATION.—The term 
‘‘multi-factor authentication’’ means the use of not 
fewer than 2 authentication factors, such as the fol-
lowing: 
(A) Something that is known to the user, 
such as a password or personal identification 
number. 
(B) An access device that is provided to the 
user, such as a cryptographic identification de-
vice or token. 
(C) A unique biometric characteristic of the 
user. 
(5) PRIVILEGED
USER.—The term ‘‘privileged 
user’’ means a user who has access to system control, 
monitoring, or administrative functions. 
(b) INSPECTOR GENERAL REPORTS ON COVERED SYS-
TEMS.— 
(1) IN GENERAL.—Not later than 240 days after 
the date of enactment of this Act, the Inspector Gen-
eral of each covered agency shall submit to the appro-
priate committees of jurisdiction in the Senate and 
the House of Representatives a report, which shall in-
clude information collected from the covered agency
1790 
for the contents described in paragraph (2) regarding 
the Federal computer systems of the covered agency. 
(2) CONTENTS.—The report submitted by each 
Inspector General of a covered agency under para-
graph (1) shall include, with respect to the covered 
agency, the following: 
(A) A description of the logical access poli-
cies and practices used by the covered agency to 
access a covered system, including whether ap-
propriate standards were followed. 
(B) A description and list of the logical ac-
cess controls and multi-factor authentication 
used by the covered agency to govern access to 
covered systems by privileged users. 
(C) If the covered agency does not use log-
ical access controls or multi-factor authentica-
tion to access a covered system, a description of 
the reasons for not using such logical access con-
trols or multi-factor authentication. 
(D) A description of the following informa-
tion security management practices used by the 
covered agency regarding covered systems: 
(i) The policies and procedures fol-
lowed to conduct inventories of the software 
present on the covered systems of the covered
1791 
agency and the licenses associated with such 
software. 
(ii) What capabilities the covered agen-
cy utilizes to monitor and detect exfiltration 
and other threats, including— 
(I) data loss prevention capabili-
ties; 
(II) forensics and visibility capa-
bilities; or 
(III) digital rights management 
capabilities. 
(iii) A description of how the covered 
agency is using the capabilities described in 
clause (ii). 
(iv) If the covered agency is not uti-
lizing capabilities described in clause (ii), a 
description of the reasons for not utilizing 
such capabilities. 
(E) A description of the policies and proce-
dures of the covered agency with respect to ensur-
ing that entities, including contractors, that pro-
vide services to the covered agency are imple-
menting the information security management 
practices described in subparagraph (D).
1792 
(3) EXISTING
REVIEW.—The reports required 
under this subsection may be based in whole or in 
part on an audit, evaluation, or report relating to 
programs or practices of the covered agency, and may 
be submitted as part of another report, including the 
report required under section 3555 of title 44, United 
States Code. 
(4) CLASSIFIED
INFORMATION.—Reports sub-
mitted under this subsection shall be in unclassified 
form, but may include a classified annex. 
SEC. 407. STOPPING THE FRAUDULENT SALE OF FINANCIAL 
INFORMATION OF PEOPLE OF THE UNITED 
STATES. 
Section 1029(h) of title 18, United States Code, is 
amended by striking ‘‘title if—’’ and all that follows 
through ‘‘therefrom.’’ and inserting ‘‘title if the offense in-
volves an access device issued, owned, managed, or con-
trolled by a financial institution, account issuer, credit 
card system member, or other entity organized under the 
laws of the United States, or any State, the District of Co-
lumbia, or other territory of the United States.’’. 
DIVISION O—OTHER MATTERS 
SEC. 1. TABLE OF CONTENTS. 
The table of contents for this division is as follows: 
Sec. 1. Table of contents.
1793 
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 cer-
tain 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 finan-
cial services regulators.
1794 
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 Modi-
fication 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 SE-
CURITY. 
(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 RESTRIC-
TION.—Notwithstanding any other provision of law, except 
as provided in subsections (c) and (d), to promote the effi-
1795 
cient 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 gov-
ernment (including any provision of law that prohibits or 
restricts United States persons from engaging in a trans-
action 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 ex-
port 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—
1796 
(A) the President declares a national emer-
gency 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 im-
posed by the United States for reasons of na-
tional security by the Executive authority of the 
President or by Congress; or 
(C) the Secretary of Commerce, in consulta-
tion with the Secretary of Energy, finds and re-
ports 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 sig-
nificantly 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 in-
creases have caused or are likely to cause 
sustained material adverse employment ef-
fects in the United States.
1797 
(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 in-
serting 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.—Sec-
tion 53111 of title 46, United States Code, is amend-
ed— 
(A) in paragraph (3), by striking ‘‘2015, 
2017, and 2018;’’ and inserting ‘‘and 2015’’;
1798 
(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 WAIV-
ER PROGRAM REFORM 
SECTION 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 ELEC-
TRONIC 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 fol-
lowing: 
‘‘(A) MACHINE READABLE.—The passport is 
a machine-readable passport that is tamper-re-
1799 
sistant, incorporates document authentication 
identifiers, and otherwise satisfies the inter-
nationally accepted standard for machine read-
ability. 
‘‘(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 VALI-
DATE PASSPORTS.—Section 217(c)(2)(B) of the Immigra-
tion 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 de-
scribed in subparagraph (B) of subsection 
(a)(3). 
‘‘(ii) VALIDATION OF PASSPORTS.—Not 
later than October 1, 2016, the government
1800 
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 with-
in 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 COUN-
TRIES. 
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 des-
ignated by the Secretary of State under
1801 
section 6(j) of the Export Administra-
tion Act of 1979 (50 U.S.C. 2405) (as 
continued in effect under the Inter-
national 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 For-
eign 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 Sec-
retary 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 admis-
sion, by the Secretary of State under 
section 6(j) of the Export Administra-
tion Act of 1979 (50 U.S.C. 2405) (as
1802 
continued in effect under the Inter-
national 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 For-
eign 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 ap-
plies for admission, by the Secretary of 
Homeland Security under subpara-
graph (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 serv-
ice in the armed forces of a program coun-
try; or
1803 
‘‘(ii) in order to carry out official du-
ties as a full time employee of the govern-
ment of a program country. 
‘‘(C) WAIVER.—The Secretary of Homeland 
Security may waive the application of subpara-
graph (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 Se-
curity, in consultation with the Secretary of 
State and the Director of National Intel-
ligence, shall determine whether the require-
ment under subparagraph (A) shall apply 
to any other country or area. 
‘‘(ii) CRITERIA.—In making a deter-
mination 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 cred-
ible threat to the national security of 
the United States;
1804 
‘‘(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 
Sec-
retary 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 Sec-
retary of Homeland Security shall submit to the 
Committee on Homeland Security, the Com-
mittee 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 Sen-
ate a report on each instance in which the Sec-
retary exercised the waiver authority under sub-
paragraph (C) during the previous year.’’.
1805 
SEC. 204. DESIGNATION REQUIREMENTS FOR PROGRAM 
COUNTRIES. 
(a) REPORTING LOST AND STOLEN PASSPORTS.—Sec-
tion 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 in-
serting ‘‘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 coun-
try in which there is not an international air-
port, 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 des-
ignated by the Secretary of Homeland Security. 
This requirement shall not apply to travel be-
1806 
tween countries which fall within the Schengen 
Zone.’’. 
(c) IMPLEMENTATION OF PASSENGER INFORMATION 
EXCHANGE AGREEMENT.—Section 217(c)(2)(F) of the Im-
migration 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 im-
plements 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 sub-
section (c)(2)(F), the Secretary of Homeland Se-
curity shall terminate the designation of the 
country as a program country. 
‘‘(B) REDESIGNATION.—In the case of a ter-
mination under this paragraph, the Secretary of 
Homeland Security shall redesignate the country 
as a program country, without regard to para-
graph (2) or (3) of subsection (c) or paragraphs 
(1) through (4), when the Secretary of Homeland
1807 
Security, in consultation with the Secretary of 
State, determines that the country is sharing in-
formation, 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 deter-
mine that the program country is not conducting 
the screening required by subsection (c)(2)(G), 
the Secretary of Homeland Security shall termi-
nate the designation of the country as a program 
country. 
‘‘(B) REDESIGNATION.—In the case of a ter-
mination under this paragraph, the Secretary of 
Homeland Security shall redesignate the country 
as a program country, without regard to para-
graph (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).’’.
1808 
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 Com-
mittee on Homeland Security’’; and 
(B) by striking ‘‘and the Committee on For-
eign 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 Per-
manent 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
1810 
‘‘(12) DESIGNATION
OF
HIGH
RISK
PROGRAM 
COUNTRIES.— 
‘‘(A) IN GENERAL.—The Secretary of Home-
land 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 pro-
gram 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 Sec-
retary of State, shall consider the following cri-
teria: 
‘‘(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
1811 
identities of known or suspected terrorists 
during the previous year. 
‘‘(iii) The estimated number of nation-
als 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 ap-
propriate. 
‘‘(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 de-
termination 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.
1812 
‘‘(D) REPORT.—Not later than 60 days 
after the date of the enactment of this paragraph, 
and annually thereafter, the Secretary of Home-
land Security, in consultation with the Director 
of National Intelligence and the Secretary of 
State, shall submit to the Committee on Home-
land 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 in-
cludes 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 Immigra-
tion and Nationality Act (8 U.S.C. 1187(h)(3)) is amend-
ed— 
(1) in subparagraph (C)(i), by inserting after 
‘‘any such determination’’ the following: ‘‘or shorten
1813 
the period of eligibility under any such determina-
tion’’; 
(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
COUN-
TRIES
OF
CITIZENSHIP.—The 
Secretary 
of 
Homeland Security shall collect from an appli-
cant for admission pursuant to this section in-
formation on any additional or previous coun-
tries of citizenship of that applicant. The Sec-
retary shall take any information so collected 
into account when making determinations as to 
the eligibility of the alien for admission pursu-
ant 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 annu-
ally thereafter, the Secretary of Homeland Secu-
rity, in consultation with the Secretary of State, 
shall submit to the Committee on Homeland Se-
1814 
curity, the Committee on the Judiciary, and the 
Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Home-
land 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 eligi-
bility to travel under the program, or whose eli-
gibility for such travel was revoked during the 
previous year, and the number of such individ-
uals determined, in accordance with subsection 
(a)(6), to represent a threat to the national secu-
rity 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 Se-
curity, in consultation with the Secretary of State, shall 
submit to the Committee on Homeland Security, the Com-
mittee on the Judiciary, and the Committee on Foreign Af-
fairs of the House of Representatives, and the Committee 
on Homeland Security and Governmental Affairs, the Com-
mittee on the Judiciary, and the Committee on Foreign Re-
lations of the Senate a report on steps to strengthen the 
electronic system for travel authorization authorized under
1815 
section 217(h)(3) of the Immigration and Nationality Act 
(8 U.S.C. 1187(h)(3))) in order to better secure the inter-
national 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 Immigra-
tion 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 inter-
nationally 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.
1817 
formalities, should establish standards for the introduction 
of electronic passports (referred to in this section as ‘‘e-pass-
ports’’), 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 bio-
graphic and biometric information that can be used to au-
thenticate 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 subpara-
graph (A), by striking ‘‘each of fiscal years 
2012’’ and all that follows through ‘‘2011)’’ 
and inserting ‘‘fiscal year 2016 and each
1818 
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
1819 
‘‘(xi) for each subsequent fiscal year 
through fiscal year 2090, the amount speci-
fied under this subparagraph for the pre-
vious 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 depos-
ited, as the case may be, into the Fund. 
‘‘(5) AMOUNTS TO REMAIN AVAILABLE UNTIL EX-
PENDED.—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
1820 
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 in-
serting ‘‘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 deter-
mined for such fiscal year under subparagraph 
(C) as in effect on the day before the date of en-
actment 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;’’;
1821 
(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 subpara-
graphs (A) and (B) and inserting the following: 
‘‘(A) for fiscal year 2016, the amount deter-
mined for such fiscal year under subparagraph 
(C) as in effect on the day before the date of en-
actment of the James Zadroga 9/11 Health and 
Compensation Reauthorization Act; 
‘‘(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: 
‘‘(A) for fiscal year 2016, the amount deter-
mined for such fiscal year under subparagraph 
(C) as in effect on the day before the date of en-
1822 
actment of the James Zadroga 9/11 Health and 
Compensation Reauthorization Act; and’’; 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: 
‘‘(A) for fiscal year 2016, the amount deter-
mined for such fiscal year under subparagraph 
(C) as in effect on the day before the date of en-
actment of the James Zadroga 9/11 Health and 
Compensation Reauthorization Act; and’’. 
(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
1823 
a report that assesses, with respect to the WTC Pro-
gram, the effectiveness of each of the following: 
‘‘(A) The quality assurance program devel-
oped and implemented under subsection (e). 
‘‘(B) The procedures for providing certifi-
cations of coverage of conditions as WTC-related 
health conditions for enrolled WTC responders 
under section 3312(b)(2)(B)(iii) and for screen-
ing-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 de-
termining the extent to which individuals en-
rolled in the WTC Program are eligible for work-
ers compensation or sources of health coverage, 
ascertaining the liability of such compensation 
or sources of health coverage, and making rec-
ommendations 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 enact-
1824 
ment of the James Zadroga 9/11 Health and Com-
pensation 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 assess-
ing the WTC Program; and 
‘‘(B) prepare and submit to such Commit-
tees a report that assesses the WTC Program for 
the applicable reporting period, including the ob-
jectives described in subparagraph (A). 
‘‘(j) REGULATIONS.—The WTC Program Adminis-
trator is authorized to promulgate such regulations as the 
Administrator determines necessary to administer this title. 
‘‘(k) TERMINATION.—The WTC Program shall termi-
nate 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
1825 
(B) in paragraph (2)(A)(iii), by inserting 
‘‘and retention’’ after ‘‘outreach’’; and 
(2) in subsection (b)(1)(B)(vi), by striking ‘‘sec-
tion 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 ADMINIS-
TRATOR
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 pre-
ceding clause (i), by striking ‘‘60 days’’ and in-
serting ‘‘90 days’’; and 
(B) in subparagraph (C), by striking ‘‘60 
days’’ each place such term appears and insert-
ing ‘‘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:
1826 
‘‘(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 evi-
dence 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 en-
actment of the James Zadroga 9/11 
Health and Compensation Reauthor-
ization Act, the WTC Program Admin-
istrator 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 suffi-
cient evidence exists to support adding 
a health condition to the list in para-
graph (3). 
‘‘(II) SUBSEQUENT
POLICIES.— 
Prior to establishing any substantive
1827 
new policy or procedure used to make 
the determination described in sub-
clause (I) or prior to making any sub-
stantive amendment to any policy or 
procedure described in such subclause, 
the WTC Program Administrator shall 
request the Advisory Committee to re-
view and evaluate such substantive 
policy, procedure, or amendment. 
‘‘(ii) IDENTIFICATION OF INDIVIDUALS 
CONDUCTING
INDEPENDENT
PEER
RE-
VIEWS.—Not later than 1 year after the 
date of enactment of the James Zadroga 9/ 
11 Health and Compensation Reauthoriza-
tion Act and not less than every 2 years 
thereafter, the WTC Program Administrator 
shall seek recommendations from the Advi-
sory 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’’.
1828 
(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 sub-
sequent 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 Transpor-
tation Safety and System Stabilization Act (49 U.S.C. 
40101 note) is amended—
1829 
(1) in paragraph (9)— 
(A) by striking ‘‘medical expense loss,’’; and 
(B) by striking ‘‘and loss of business or em-
ployment 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 para-
graph (16); 
(3) by inserting after paragraph (13), the fol-
lowing: 
‘‘(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 CONDI-
TION.—The term ‘WTC-related physical health condi-
tion’— 
‘‘(A) means, subject to subparagraph (B), a 
WTC-related health condition as defined by sec-
tion 3312(a) of the Public Health Service Act 
(42 U.S.C. 300mm–22(a)), including the condi-
tions listed in section 3322(b) of such Act (42 
U.S.C. 300mm–32(b)); and 
‘‘(B) does not include—
1830 
‘‘(i) a mental health condition de-
scribed 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 cer-
tified under section 3312(b)(2)(B)(iii) of 
such 
Act 
(42 
U.S.C. 
300mm– 
22(b)(2)(B)(iii)) (including such certifi-
cation as applied under section 3322(a) of 
such Act (42 U.S.C. 300mm–32(a)); 
‘‘(iii) a mental health condition de-
scribed in section 3322(b)(2) of such Act (42 
U.S.C. 300mm–32(b)(2)); or 
‘‘(iv) any other mental health condi-
tion.’’; and 
(4) in paragraph (16), as redesignated by para-
graph (2), by striking subparagraph (C) and insert-
ing 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;’’.
1831 
(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 ef-
forts 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 in-
serting the following: 
‘‘(B) EXCEPTION.—A claim may be filed 
under paragraph (1), in accordance with sub-
section (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 Reau-
thorization Act.
1832 
‘‘(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 de-
scribed in clause (ii); or 
‘‘(II) a claim in Group B, as de-
scribed 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.
1833 
‘‘(iii) GROUP
B
CLAIMS.—A claim 
under this title is a claim in Group B if the 
claim— 
‘‘(I) is filed under this title dur-
ing the period described in subpara-
graph (B); and 
‘‘(II) is not a claim described in 
clause (ii). 
‘‘(iv) DEFINITION OF FINAL AWARD DE-
TERMINATION.—For purposes of this sub-
paragraph, the term ‘final award deter-
mination’ means a letter from the Special 
Master indicating the total amount of com-
pensation 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 enact-
ment 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)—
1834 
(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 com-
pensation 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 ac-
count of any noneconomic loss—
1835 
‘‘(i) that results from any type of can-
cer 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 limi-
tation described in clause (ii) and with re-
spect 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 claim-
ant is entitled under this title for such 
claim on account of any economic loss, de-
termine the loss of earnings or other benefits 
related to employment by using the applica-
ble methodology described in section 104.43 
or 104.45 of title 28, Code of Federal Regu-
lations, 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 LIMITA-
TION.—In considering annual gross income 
under clause (i) for the purposes described
1836 
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 de-
cedent in the case of a personal representa-
tive) for each such year to an amount that 
is not greater than $200,000. 
‘‘(C) GROSS INCOME DEFINED.—For pur-
poses 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 pre-
ceding subclause (I), by striking ‘‘An indi-
vidual’’ and inserting ‘‘Except with respect 
to claims in Group B as described in sub-
section (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 fol-
lowing: 
‘‘(iv) GROUP B CLAIMS.—
1837 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), an individual filing a 
claim in Group B as described in sub-
section (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 con-
dition, as defined by section 402 of this 
Act. 
‘‘(II) 
PERSONAL
REPRESENTA-
TIVES.—An individual filing a claim 
in Group B, as described in subsection 
(a)(3)(C)(iii), who is a personal rep-
resentative described in paragraph 
(2)(C) may be eligible for compensa-
tion under this title only if the Special 
Master, with assistance from the WTC 
Program Administrator as necessary, 
determines based on the evidence pre-
sented that the applicable decedent suf-
fered from a condition that was, or 
would have been determined to be, a
1838 
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 Stabiliza-
tion 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 fol-
lows: 
‘‘(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 de-
scribed in section 405(a)(3)(C)(ii), shall not ex-
ceed $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 Spe-
1839 
cial Master has ratably reduced the amount of 
compensation for such claim pursuant to para-
graph (2) of this subsection, as this subsection 
was in effect on the day before the date of enact-
ment of the James Zadroga 9/11 Victim Com-
pensation 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 Reauthor-
ization 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.—
1840 
‘‘(A) IN
GENERAL.—The total amount of 
Federal funds paid for compensation under this 
title, with respect to claims in Group B as de-
scribed in section 405(a)(3)(C)(iii), shall not ex-
ceed the amount of funds deposited into the Vic-
tims Compensation Fund under section 410. 
‘‘(B) PAYMENT SYSTEM.—The Special Mas-
ter shall establish a system for providing com-
pensation 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 Com-
pensation 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 sec-
tion 405(a)(3)(C)(iii), including poli-
cies and procedures for presumptive
1841 
award schedules, administrative ex-
penses, and related internal memo-
randa. 
‘‘(II) LIMITATION.—The policies 
and procedures developed under sub-
clause (I) shall ensure that total ex-
penditures, 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 sec-
tion 410. 
‘‘(III) 
PRIORITIZATION.—The 
policies 
and 
procedures 
developed 
under subclause (I) shall prioritize 
claims for claimants who are deter-
mined by the Special Master as suf-
fering from the most debilitating phys-
ical 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
1842 
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 pro-
cedures 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 ac-
tions or make such modifications as nec-
essary to achieve such requirements.’’. 
(e) REGULATIONS.—Section 407(b) of the Air Trans-
portation 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 COM-
PENSATION ACT OF 2010.—Not later than’’; and 
(2) by adding at the end the following:
1843 
‘‘(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 Reauthor-
ization Act, the Special Master shall update the regu-
lations promulgated under subsection (a), and up-
dated 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 Treas-
ury 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 de-
scribed 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 com-
1844 
pensate 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 pro-
vide 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 Sys-
tem 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.—Notwith-
standing section 281 of the Immigration and Nationality
1845 
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 non-
immigrant 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 in-
creased 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.—Not-
withstanding section 281 of the Immigration and Nation-
ality 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 com-
bined filing fee and fraud prevention and detection fee re-
quired 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 ex-
tension of such status, shall be increased by $4,000 for ap-
plicants that employ 50 or more employees in the United
1847 
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 Re-
sponse and Biometric Exit Account shall be available 
to the Secretary of Homeland Security without fur-
ther 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 estab-
lished under section 410 of such Act.’’.
1848 
SEC. 403. AMENDMENT TO EXEMPT PROGRAMS. 
(a) IN GENERAL.—Section 255(g)(1)(B) of the Bal-
anced 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 Retire-
ment Pay and Medical Benefits for Commissioned Of-
ficers, 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 Sys-
tem Stabilization Act (49 U.S.C. 40101 note). 
‘‘United States Victims of State Sponsored Ter-
rorism Fund.’’; and 
(3) inserting after the item relating to the Vol-
untary 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 enact-
ment of this Act.
1849 
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 Ter-
rorism 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 ap-
point 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 Spe-
cial Master for such period as is appro-
priate, 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
1850 
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 Spe-
cial Master shall administer the compensa-
tion 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 per-
sonnel, 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 Sched-
ule, as prescribed by section 5315 of title 5, 
United States Code.
1851 
(2) PUBLICATION OF REGULATIONS AND PROCE-
DURES.— 
(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 main-
tained 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 eli-
gible 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 com-
pensation from any source other than this Fund 
that the claimant (or, in the case of a personal 
representative, the victim’s beneficiaries) has re-
ceived or is entitled or scheduled to receive as a 
result of the act of international terrorism that
1852 
gave rise to a claimant’s final judgment, includ-
ing 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 at-
torney for each claimant; and 
(B) final and, except as provided in para-
graph (4), not subject to administrative or judi-
cial 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 hear-
ing before the Special Master pursuant to proce-
dures 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.—
1853 
(1) IN GENERAL.—For the purposes of this sec-
tion, a claim is an eligible claim if the Special Mas-
ter 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 ju-
risdiction 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
1854 
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.—
1855 
(A) IN GENERAL.—The deadline for submit-
ting 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 sub-
section (b)(2)(A), with regard to an appli-
cation based on— 
(I) a final judgment described in 
paragraph (2)(A) obtained before that 
date of publication; or 
(II) a claim described in para-
graph (2)(B) or (2)(C). 
(ii) Not later than 90 days after the 
date of obtaining a final judgment, with re-
gard 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 rea-
sonable extension of a deadline under this para-
graph. 
(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
1856 
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 pro-
vided 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 out-
standing and unpaid on eligible claims, 
until all such amounts have been paid in 
full. 
(ii) LIMITATIONS.—The limitations de-
scribed 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.
1857 
(II) In the event that a United 
States person and the immediate fam-
ily 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 re-
ceived an award or an award deter-
mination 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 de-
termined 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 sec-
1858 
tion, notwithstanding any compen-
satory damages amounts such person, 
or immediate family member of such 
person, is deemed eligible for or enti-
tled 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 re-
ceive, any payment that is equal to, or in 
excess of, 30 percent of the total compen-
satory damages owed to such applicant on 
the applicant’s claim from any source other 
than this Fund shall not receive any pay-
ment 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 judg-
ments or to claims under subsection 
(c)(2)(B) or (c)(2)(C). For purposes of cal-
culating the pro rata amounts for these 
payments, the Special Master shall not in-
clude the total compensatory damages for
1859 
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 ap-
plicant may apply to the Special Master for 
the difference between the percentage of com-
pensatory damages the applicant has re-
ceived 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 pay-
ments for eligible claims annually thereafter if funds 
are available in the Fund. 
(5) SUBROGATION AND RETENTION OF RIGHTS.—
1860 
(A) UNITED STATES SUBROGATED TO CRED-
ITOR 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 ex-
tent 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 nor-
malization 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 out-
standing 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.—
1861 
(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 Ter-
rorism 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 distribu-
tion 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, regu-
lation, 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 ter-
rorism.
1862 
(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 li-
cense, 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 busi-
ness with or acting on behalf of, a state 
sponsor of terrorism. 
(B) TRANSFER INTO FUND OF CERTAIN AS-
SIGNED ASSETS OF IRAN AND ELECTION TO PAR-
TICIPATE 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 pro-
vided in subclause (II), if the United 
States receives a final judgment for-
1863 
feiting the properties and related assets 
identified in the proceedings captioned 
as In Re 650 Fifth Avenue & Related 
Properties, 
No. 
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 as-
sets by the United States shall be de-
posited 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 pro-
ceeds 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 par-
ticipate in the Fund.
1864 
(bb) The percentage of pro-
ceeds attributable to the parties 
identified as the Hegna Judgment 
Creditors in such proceedings, un-
less and until a final judgment is 
entered denying the claims of such 
creditors. 
(ii) DEPOSIT INTO FUND OF ASSIGNED 
ASSETS
IDENTIFIED
IN
PETERSON
V. IS-
LAMIC REPUBLIC OF IRAN.—If a final judg-
ment is entered in Peterson v. Islamic Re-
public 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 At-
torney General, the Special Master, and the 
chief judge of the United States District 
Court for the Southern District of New York
1865 
within 60 days after the date of the publica-
tion required under subsection (b)(2)(A) a 
United States person, who is a judgment 
creditor in the proceedings captioned Peter-
son 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 Prop-
erties, 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 ex-
tent 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 pro-
ceedings. 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 Cred-
itor 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
1866 
to this paragraph shall operate as an elec-
tion 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 par-
ticipate 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.—Notwith-
standing any such claimant’s eligi-
bility 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 para-
graph until such time as an adverse
1867 
final judgment is entered in both of the 
proceedings identified in clause (iii). 
(II) EXCEPTION.— 
(aa) In the event that an ad-
verse final judgment is entered in 
the proceedings captioned Peter-
son 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 por-
tion of an eligible claimant’s con-
ditional 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 judg-
ment that is entered in favor of 
the plaintiffs in In Re 650 Fifth 
Avenue & Related Properties. 
Such portion shall not exceed the
1868 
difference between the amount of 
the conditional payment and the 
amount the Special Master antici-
pates such claimant will receive 
from the proceeds of In Re 650 
Fifth Avenue & Related Prop-
erties. 
(bb) In the event that a final 
judgment is entered in favor of the 
plaintiffs in the proceedings cap-
tioned Peterson v. Islamic Repub-
lic of Iran, No. 10 Civ. 4518 
(S.D.N.Y) and funds are distrib-
uted, the payments allocated to 
claimants who applied for a con-
ditional payment under this sub-
paragraph shall be considered 
void, and any funds previously 
allocated to such conditional pay-
ments 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 appro-
1869 
priation, for the payment of eligible claims and com-
pensation 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 other-
wise 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 unob-
ligated balances in the Fund shall be transferred, 
as appropriate, to either the Department of the 
Treasury Forfeiture Fund established under sec-
tion 9705 of title 31, United States Code, or to 
the Department of Justice Assets Forfeiture
1870 
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, re-
ceive, or collect, and the Special Master shall not ap-
prove, any payment of fees and costs that in the ag-
gregate exceeds 25 percent of any payment made 
under this section. 
(2) PENALTY.—Any attorney who violates para-
graph (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 sub-
section (e)(2) attributable to information such person 
furnished to the Attorney General that leads to a for-
feiture 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 initi-
ated after the date of enactment of this Act.
1871 
(2) PERSON DESCRIBED.—A person meets the re-
quirements of this paragraph if— 
(A) the person identifies and notifies the At-
torney 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 ter-
rorism; 
(ii) that were not previously identified 
or known by the United States Government; 
and 
(iii) that are subsequently forfeited di-
rectly or in the form of substitute assets to 
the United States; and 
(B) the Attorney General finds that the 
identification and notification under subpara-
graph (A) by that person substantially contrib-
uted 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 au-
thorizing the payment of compensation of eligible claims 
pursuant to subsection (d), the Special Master shall submit
1872 
to the chairman and ranking minority member of the Com-
mittee on the Judiciary of the House of Representatives and 
the chairman and ranking minority member of the Com-
mittee on the Judiciary of the Senate a report on the pay-
ment 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 out-
standing eligible claims, including— 
(A) the number of applications for com-
pensation 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 com-
pensation that are pending for which compen-
satory damages have not been paid in full; and 
(E) the total amount of compensatory dam-
ages from eligible claims that have been paid 
and that remain unpaid. 
(j) DEFINITIONS.—In this section the following defini-
tions apply:
1873 
(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 re-
sources, as defined in section 2339A of title 18, 
United States Code, for an act described in sub-
paragraph (A). 
(2) ADVERSE FINAL JUDGMENT.—The term ‘‘ad-
verse final judgment’’ means a final judgment in 
favor of the defendant, or defendants, in the pro-
ceedings 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 Judg-
ment Creditors in such proceedings. 
(3) COMPENSATORY DAMAGES.—The term ‘‘com-
pensatory damages’’ does not include pre-judgment or 
post-judgment interest or punitive damages. 
(4) FINAL JUDGMENT.—The term ‘‘final judg-
ment’’ 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 ap-
1874 
pellate review, but does not include a judgment, de-
cree, or order that has been waived, relinquished, sat-
isfied, 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 de-
fault 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 es-
tablished by this section. 
(6) SOURCE
OTHER
THAN
THIS
FUND.—The 
term ‘‘source other than this Fund’’ means all collat-
eral 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 compensa-
tion 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
1875 
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 gov-
ernment of which the Secretary of State has deter-
mined, for purposes of section 6(j) of the Export Ad-
ministration 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 suf-
fered 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 sub-
section (c)(2)(C). 
(k) SEVERABILITY.—The provisions of this section are 
severable. If any provision of this section, or any applica-
1876 
tion 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 provi-
sion 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 be-
tween 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 Eco-
nomic 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 pro-
posed use of such funds by the Department of Justice 
to compensate individuals as announced by the De-
partment of Justice on May 1, 2015; or
1877 
(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 SETTLE-
MENT.—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’’.
1878 
SEC. 502. MEDICARE PAYMENT INCENTIVE FOR THE TRAN-
SITION FROM TRADITIONAL X-RAY IMAGING 
TO DIGITAL RADIOGRAPHY AND OTHER MEDI-
CARE 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 RADI-
OGRAPHY.— 
‘‘(A) LIMITATION ON PAYMENT FOR FILM X- 
RAY IMAGING SERVICES.—In the case of an im-
aging 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 com-
ponent (including the technical component por-
tion of a global service) of such service that 
would otherwise be determined under this section 
(without application of this paragraph and be-
fore application of any other adjustment under 
this section) for such year shall be reduced by 20 
percent.
1879 
‘‘(B) PHASED-IN LIMITATION ON PAYMENT 
FOR
COMPUTED
RADIOGRAPHY
IMAGING
SERV-
ICES.—In the case of an imaging service (includ-
ing the imaging portion of a service) that is an 
X-ray taken using computed radiography tech-
nology— 
‘‘(i) in the case of such a service fur-
nished during 2018, 2019, 2020, 2021, or 
2022, the payment amount for the technical 
component (including the technical compo-
nent 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 fur-
nished during 2023 or a subsequent year, 
the payment amount for the technical com-
ponent (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
1880 
other adjustment under this section) for 
such year shall be reduced by 10 percent. 
‘‘(C) 
COMPUTED
RADIOGRAPHY
TECH-
NOLOGY DEFINED.—For purposes of this para-
graph, the term ‘computed radiography tech-
nology’ means cassette-based imaging which uti-
lizes an imaging plate to create the image in-
volved. 
‘‘(D) IMPLEMENTATION.—In order to imple-
ment this paragraph, the Secretary shall adopt 
appropriate mechanisms which may include use 
of modifiers.’’. 
(B) 
EXEMPTION
FROM
BUDGET
NEU-
TRALITY.—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
RADIOG-
RAPHY.—Effective for fee schedules es-
tablished beginning with 2017, reduced 
expenditures attributable to subpara-
graph (A) of subsection (b)(9) and ef-
fective for fee schedules established be-
1881 
ginning with 2018, reduced expendi-
tures 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 add-
ing 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
NEU-
TRALITY.—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 add-
ing at the end by the following new subclause:
1882 
‘‘(XI) DISCOUNT IN PAYMENT FOR 
PROFESSIONAL
COMPONENT
OF
IMAG-
ING SERVICES.—Effective for fee sched-
ules 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
SYS-
TEM.—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 TRANSI-
TION FROM TRADITIONAL X-RAY IMAGING TO DIG-
ITAL RADIOGRAPHY.—Notwithstanding the pre-
vious 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 dur-
ing 2017 or a subsequent year, the payment 
amount for such service (including the X- 
ray component of a packaged service) that
1883 
would otherwise be determined under this 
section (without application of this para-
graph and before application of any other 
adjustment under this subsection) for such 
year shall be reduced by 20 percent. 
‘‘(ii) PHASED-IN LIMITATION ON PAY-
MENT FOR COMPUTED RADIOGRAPHY IMAG-
ING SERVICES.—In the case of an imaging 
service that is an X-ray taken using com-
puted 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 com-
ponent 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 re-
duced by 7 percent; and 
‘‘(II) in the case of such a service 
furnished during 2023 or a subsequent 
year, the payment amount for such
1884 
service (including the X-ray component 
of a packaged service) that would oth-
erwise be determined under this section 
(without application of this paragraph 
and before application of any other ad-
justment under this subsection) for 
such year shall be reduced by 10 per-
cent. 
‘‘(iii) APPLICATION WITHOUT REGARD 
TO
BUDGET
NEUTRALITY.—The reductions 
made under this subparagraph— 
‘‘(I) shall not be considered an ad-
justment 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 EQUIP-
MENT (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—
1885 
(A) in paragraph (25), by striking ‘‘or’’ at 
the end; 
(B) in paragraph (26), by striking the pe-
riod 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 de-
scribed 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 con-
strued to prohibit a State Medicaid program from 
providing medical assistance for durable medical 
equipment for which payment is denied or not avail-
able under the Medicare program under title XVIII of 
such Act.
1886 
(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 dura-
ble 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 DE-
VICES.— 
‘‘(1) SEPARATE PAYMENT.—The Secretary shall 
make a payment (separate from the payments other-
wise made under section 1895) in the amount estab-
lished 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
1887 
means a disposable device that, as determined by the 
Secretary, is— 
‘‘(A) a disposable negative pressure wound 
therapy device that is an integrated system com-
prised of a non-manual vacuum pump, a recep-
tacle 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 med-
ical 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 ap-
plicable 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 Com-
mon Procedure Coding System (HCPCS) code for 
which the description for a professional service in-
cludes the furnishing of such device.’’. 
(b) CONFORMING AMENDMENTS.—
1888 
(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 para-
graph (2) of section 1834(s)) furnished to an in-
dividual pursuant to paragraph (1) of such sec-
tion, the amount paid shall be equal to 80 per-
cent 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 de-
vices (as defined in section 1834(s)(2))’’ after ‘‘dura-
ble 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 pro-
1889 
gram and Medicare beneficiaries and the role of 
disposable devices as substitutes for durable med-
ical equipment. Such study shall address the fol-
lowing: 
(i) The types of disposable devices that 
could potentially qualify as being sub-
stitutes for durable medical equipment 
under the Medicare program, the similar-
ities 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 cov-
erage and payment policies for disposable 
devices that are substitutes for durable med-
ical equipment and how such policies affect 
manufacturers’ decisions to develop innova-
tive products and providers’ and suppliers’ 
decisions to use such products.
1890 
(iii) Implications of expanding cov-
erage under the Medicare program to in-
clude 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 equip-
ment other than applicable disposable de-
vices 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 con-
ducted under subparagraph (A), together with 
recommendations for such legislation and ad-
ministrative action as the Comptroller General 
determines to be appropriate. 
(2) GAO STUDY AND REPORT ON THE IMPACT OF 
THE
PAYMENT
OF
APPLICABLE
DISPOSABLE
DE-
VICES.—
1891 
(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 amend-
ments. 
(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 pay-
ers, including the Medicaid program and 
private payers, for applicable disposable de-
vices compare to the payment rates for such 
devices under such provisions and amend-
ments.
1892 
(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 Comp-
troller 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 rec-
ommendations for such legislation and adminis-
trative action as the Comptroller General deter-
mines 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 HOS-
PITAL 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
1893 
(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 applica-
ble 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 sub-
section (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.
1894 
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 Serv-
ices 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 sec-
tion). 
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 finan-
cial services regulators. 
Sec. 704. Application of FACA. 
Sec. 705. Treatment of affiliate transactions. 
Sec. 706. Ensuring the protection of insurance policyholders.
1895 
Sec. 707. Limitation on SEC funds. 
Sec. 708. Elimination of reporting requirement. 
Sec. 709. Extension of Hardest Hit Fund; Termination of Making Home Afford-
able 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 Pur-
chase Agreement’’ means— 
(A) the Amended and Restated Senior Pre-
ferred Stock Purchase Agreement, dated Sep-
tember 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 con-
nection with such Agreement creating or desig-
nating the terms, powers, preferences, privileges, 
limitations, or any other conditions of the Vari-
able Liquidation Preference Senior Preferred 
Stock of an enterprise issued or sold pursuant to 
such Agreement.
1896 
(b) LIMITATIONS ON SALE OF PREFERRED STOCK.— 
Notwithstanding any other provision of law or any provi-
sion 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 Agree-
ment, unless Congress has passed and the President has 
signed into law legislation that includes a specific instruc-
tion to the Secretary regarding the sale, transfer, relin-
quishment, 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, re-
linquish, liquidate, divest, or otherwise dispose of any out-
standing shares of senior preferred stock acquired pursuant 
to the Senior Preferred Stock Purchase Agreement until 
such legislation is enacted.
1897 
SEC. 703. CONFIDENTIALITY OF INFORMATION SHARED BE-
TWEEN 
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.—Sec-
tion 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 enti-
ties predominantly engaged in providing fi-
1898 
nancing for the purchase of the merchandise 
or manufactured goods of the person) may 
qualify for the exception only if the affil-
iate— 
‘‘(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 trans-
ferred 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 enti-
ty; 
‘‘(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 serv-
ices, financial or otherwise, to any af-
filiate that is a nonbank financial 
company supervised by the Board of
1899 
Governors (as defined under section 
102 of the Financial Stability Act of 
2010). 
‘‘(ii) LIMITATION ON QUALIFYING AF-
FILIATES.—The exception in clause (i) shall 
not apply if the affiliate is— 
‘‘(I) a swap dealer; 
‘‘(II) a security-based swap deal-
er; 
‘‘(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 Ad-
visers 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 Secu-
rity Act of 1974 (29 U.S.C. 1002); 
‘‘(IX) an insured depository insti-
tution;
1900 
‘‘(X) a farm credit system institu-
tion; 
‘‘(XI) a credit union; 
‘‘(XII) a nonbank financial com-
pany supervised by the Board of Gov-
ernors (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 po-
litical subdivision of a country other 
than the United States that is engaged 
in the supervision of insurance compa-
nies under insurance law. 
‘‘(iii) LIMITATION ON AFFILIATES’ AF-
FILIATES.—Unless the Commission deter-
mines, by order, rule, or regulation, that it 
is in the public interest, the exception in 
clause (i) shall not apply with respect to an
1901 
affiliate if the affiliate is itself affiliated 
with— 
‘‘(I) a major security-based swap 
participant; 
‘‘(II) a security-based swap deal-
er; 
‘‘(III) a major swap participant; 
or 
‘‘(IV) a swap dealer. 
‘‘(iv) 
CONDITIONS
ON
TRANS-
ACTIONS.—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 pur-
pose of hedging or mitigating commer-
cial 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 con-
solidate the risk of swaps entered into 
by any such financial entity, except 
one that is an affiliate that qualifies
1902 
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 iden-
tify each of the affiliates on whose behalf a 
swap was entered into.’’. 
(b) SECURITIES EXCHANGE ACT OF 1934 AMEND-
MENT.—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 sub-
paragraph (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 sub-
section (including affiliate entities predomi-
nantly engaged in providing financing for the 
purchase of the merchandise or manufactured
1903 
goods of the person) may qualify for the excep-
tion 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 com-
mercial risk that the affiliate is hedging or 
mitigating has been transferred to the affil-
iate; 
‘‘(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, fi-
nancial 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).
1904 
‘‘(B) LIMITATION
ON
QUALIFYING
AFFILI-
ATES.—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 par-
ticipant; 
‘‘(v) a commodity pool; 
‘‘(vi) a bank holding company; 
‘‘(vii) a private fund, as defined in sec-
tion 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
1905 
‘‘(xiii) an entity engaged in the busi-
ness of insurance and subject to capital re-
quirements established by an insurance gov-
ernmental authority of a State, a territory 
of the United States, the District of Colum-
bia, 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’ AFFILI-
ATES.—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 af-
filiate is itself affiliated with— 
‘‘(i) a major security-based swap par-
ticipant; 
‘‘(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 excep-
tion in subparagraph (A)—
1906 
‘‘(i) such affiliate may not enter into 
any security-based swap other than for the 
purpose of hedging or mitigating commer-
cial risk; and 
‘‘(ii) neither such affiliate nor any per-
son affiliated with such affiliate that is not 
a financial entity may enter into a secu-
rity-based swap with or on behalf of any af-
filiate 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 manage-
ment program of the affiliate, which is reason-
ably 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.’’.
1907 
SEC. 706. ENSURING THE PROTECTION OF INSURANCE POL-
ICYHOLDERS. 
(a) SOURCE OF STRENGTH.—Section 38A of the Fed-
eral Deposit Insurance Act (12 U.S.C. 1831o–1) is amend-
ed— 
(1) by redesignating subsections (c), (d), and (e) 
as subsections (d), (e), and (f), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) AUTHORITY
OF
STATE
INSURANCE
REGU-
LATOR.— 
‘‘(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 insur-
ance company. 
‘‘(2) RULE
OF
CONSTRUCTION.—Requiring a 
bank holding company that is an insurance company, 
a savings and loan holding company that is an in-
surance company, an affiliate of an insured deposi-
1908 
tory institution that is an insurance company, or 
any other company that is an insurance company 
and that directly or indirectly controls an insured de-
pository 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 depos-
itory 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 liq-
uidation’’ 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 fol-
lowing: ‘‘, except that, if the covered financial com-
pany or covered subsidiary is an insurance company 
or a subsidiary of an insurance company, the Cor-
poration— 
‘‘(A) shall promptly notify the State insur-
ance authority for the insurance company of the 
intention to take such lien; and
1909 
‘‘(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 rehabili-
tation of the insurance company, or the re-
covery 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 Com-
mission to finalize, issue, or implement any rule, regula-
tion, or order regarding the disclosure of political contribu-
tions, 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 Ex-
change Act of 1934 (15 U.S.C. 78u(h)) is repealed. 
SEC. 709. EXTENSION OF HARDEST HIT FUND; TERMI-
NATION OF MAKING HOME AFFORDABLE INI-
TIATIVE. 
(a) EXTENSION
OF HARDEST HIT FUND.—Section 
120(b) of the Emergency Economic Stabilization Act of
1910 
2008 (12 U.S.C. 5230(b)) is amended by inserting after the 
period at the end the following: ‘‘Notwithstanding the fore-
going, the Secretary may further extend the authority pro-
vided under this Act to expire on December 31, 2017, pro-
vided that (1) any such extension shall apply only with 
respect to current program participants in the Housing Fi-
nance Agency Innovation Fund for the Hardest Hit Hous-
ing Markets, and (2) funds obligated following such exten-
sion shall not exceed $2,000,000,000.’’. 
(b) TERMINATION.— 
(1) IN GENERAL.—The Making Home Affordable 
initiative of the Secretary of the Treasury, as author-
ized 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.
1911 
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 EMI-
NENT 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 inter-
ests in lands may be expended for the filing of declarations 
of taking or complaints in condemnation without the ap-
proval of the House and Senate Committees on Appropria-
tions. 
(c) EXCEPTION FOR EVERGLADES.—Hereafter, sub-
section (b) shall not apply to funds appropriated to imple-
ment the Everglades National Park Protection and Expan-
sion Act of 1989, or to funds appropriated for Federal as-
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sistance to the State of Florida to acquire lands for Ever-
glades 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 coun-
ty’’ has the meaning given the term by the National 
Oceanic and Atmospheric Administration in the doc-
ument entitled ‘‘NOAA’s List of Coastal Counties for 
the Bureau of the Census’’ (or similar successor docu-
ment). 
(2) COASTAL STATE.—The term ‘‘coastal State’’ 
has the meaning given the term ‘‘coastal state’’ in sec-
tion 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 es-
tablished by section 2(a) of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 
3701(a)).
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(4) FUND.—The term ‘‘Fund’’ means the Na-
tional 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 spe-
cifically provided, the term ‘‘Administrator’’ means 
the Under Secretary of Commerce for Oceans and At-
mosphere and Administrator of the National Oceanic 
and Atmospheric Administration. 
(7) TIDAL SHORELINE.—The term ‘‘tidal shore-
line’’ 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 genera-
tions 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 Foun-
dation may enter into such agreements as may be necessary 
to carry out the purposes of this title.