REAUTHORIZING THE SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001.

SEC. 402. [49 U.S.C. 40101 note] REAUTHORIZING THE SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001. (a) Definitions.—Section 402 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended— (1) in paragraph (9)— (A) by striking “medical expense loss,”; and (B) by striking “and loss of business or employment opportunities” and inserting “loss of business or employment opportunities, and past out-of-pocket medical expense loss but not future medical expense loss”; (2) by redesignating paragraph (14) as paragraph (16); (3) by inserting after paragraph (13), the following: “(14) WTC program administrator.—The term ‘WTC Program Administrator’ has the meaning given such term in section 3306 of the Public Health Service Act (42 U.S.C. 300mm-5). “(15) WTC-related physical health condition.—The term ‘WTC-related physical health condition’— “(A) means, subject to subparagraph (B), a WTC-related health condition as defined by section 3312(a) of the Public Health Service Act (42 U.S.C. 300mm-22(a)), including the conditions listed in section 3322(b) of such Act (42 U.S.C. 300mm-32(b)); and “(B) does not include— “(i) a mental health condition described in paragraph (1)(A)(ii) or (3)(B) of section 3312(a) of such Act (42 U.S.C. 300mm-22(a)); “(ii) any mental health condition certified under section 3312(b)(2)(B)(iii) of such Act (42 U.S.C. 300mm-22(b)(2)(B)(iii)) (including such certification as applied under section 3322(a) of such Act (42 U.S.C. 300mm-32(a)); “(iii) a mental health condition described in section 3322(b)(2) of such Act (42 U.S.C. 300mm-32(b)(2)); or “(iv) any other mental health condition.” ; and (4) in paragraph (16), as redesignated by paragraph (2), by striking subparagraph (C) and inserting the following: “(C) the area in Manhattan that is south of the line that runs along Canal Street from the Hudson River to the intersection of Canal Street and East Broadway, north on East Broadway to Clinton Street, and east on Clinton Street to the East River;” . (b) Purpose.—Section 403 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended— (1) by inserting “full” before “compensation”; and (2) by inserting “, or the rescue and recovery efforts during the immediate aftermath of such crashes” before the period. (c) Eligibility Requirements for Filing Claims.—Section 405 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended— (1) in subsection (a)(3)— (A) by striking subparagraph (B) and inserting the following: “(B) Exception.—A claim may be filed under paragraph (1), in accordance with subsection (c)(3)(A)(i), by an individual (or by a personal representative on behalf of a deceased individual) during the period beginning on the date on which the regulations are updated under section 407(b)(1) and ending on the date that is 5 years after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act. “(C) Special master determination.— “(i) In general.—For claims filed under this title during the period described in subparagraph (B), the Special Master shall establish a system for determining whether, for purposes of this title, the claim is— “(I) a claim in Group A, as described in clause (ii); or “(II) a claim in Group B, as described in clause (iii). “(ii) Group a claims.—A claim under this title is a claim in Group A if— “(I) the claim is filed under this title during the period described in subparagraph (B); and “(II) on or before the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master postmarks and transmits a final award determination to the claimant filing such claim. “(iii) Group b claims.—A claim under this title is a claim in Group B if the claim— “(I) is filed under this title during the period described in subparagraph (B); and “(II) is not a claim described in clause (ii). “(iv) Definition of final award determination.—For purposes of this subparagraph, the term ‘final award determination’ means a letter from the Special Master indicating the total amount of compensation to which a claimant is entitled for a claim under this title without regard to the limitation under the second sentence of section 406(d)(1), as such section was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act.” ; (2) in subsection (b)— (A) in paragraph (1)(B)(ii), by inserting “subject to paragraph (7),” before “the amount”; (B) in paragraph (6)— (i) by striking “The Special Master” and inserting the following: “(A) In general.—The Special Master” ; and (ii) by adding at the end the following: “(B) Group b claims.—Notwithstanding any other provision of this title, in the case of a claim in Group B as described in subsection (a)(3)(C)(iii), a claimant filing such claim shall receive an amount of compensation under this title for such claim that is not greater than the amount determined under paragraph (1)(B)(ii) less the amount of any collateral source compensation that such claimant has received or is entitled to receive for such claim as a result of the terrorist-related aircraft crashes of September 11, 2001.” ; and (C) by adding at the end the following: “(7) Limitations for group b claims.— “(A) Noneconomic losses.—With respect to a claim in Group B as described in subsection (a)(3)(C)(iii), the total amount of compensation to which a claimant filing such claim is entitled to receive for such claim under this title on account of any noneconomic loss— “(i) that results from any type of cancer shall not exceed $250,000; and “(ii) that does not result from any type of cancer shall not exceed $90,000. “(B) Determination of economic loss.— “(i) In general.—Subject to the limitation described in clause (ii) and with respect to a claim in Group B as described in subsection (a)(3)(C)(iii), the Special Master shall, for purposes of calculating the amount of compensation to which a claimant is entitled under this title for such claim on account of any economic loss, determine the loss of earnings or other benefits related to employment by using the applicable methodology described in section 104.43 or 104.45 of title 28, Code of Federal Regulations, as such Code was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act. “(ii) Annual gross income limitation.—In considering annual gross income under clause (i) for the purposes described in such clause, the Special Master shall, for each year of any loss of earnings or other benefits related to employment, limit the annual gross income of the claimant (or decedent in the case of a personal representative) for each such year to an amount that is not greater than $200,000. “(C) Gross income defined.—For purposes of this paragraph, the term ‘gross income’ has the meaning given such term in section 61 of the Internal Revenue Code of 1986.” ; and (3) in subsection (c)(3)— (A) in subparagraph (A)— (i) in clause (ii), in the matter preceding subclause (I), by striking “An individual” and inserting “Except with respect to claims in Group B as described in subsection (a)(3)(C)(iii), an individual”; (ii) in clause (iii), by striking “section 407(a)” and inserting “section 407(b)(1)”; and (iii) by adding at the end the following: “(iv) Group b claims.— “(I) In general.—Subject to subclause (II), an individual filing a claim in Group B as described in subsection (a)(3)(C)(iii) may be eligible for compensation under this title only if the Special Master, with assistance from the WTC Program Administrator as necessary, determines based on the evidence presented that the individual has a WTC-related physical health condition, as defined by section 402 of this Act. “(II) Personal representatives.—An individual filing a claim in Group B, as described in subsection (a)(3)(C)(iii), who is a personal representative described in paragraph (2)(C) may be eligible for compensation under this title only if the Special Master, with assistance from the WTC Program Administrator as necessary, determines based on the evidence presented that the applicable decedent suffered from a condition that was, or would have been determined to be, a WTC-related physical health condition, as defined by section 402 of this Act.” ; and (B) in subparagraph (C)(ii)(II), by striking “section 407(b)” and inserting “section 407(b)(1)”. (d) Payments to Eligible Individuals.—Section 406 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended— (1) in subsection (b), by striking “This title” and inserting “For the purpose of providing compensation for claims in Group A as described in section 405(a)(3)(C)(ii), this title”; and (2) by amending subsection (d) to read as follows: “(d) Limitations.— “(1) Group a claims.— “(A) In general.—The total amount of Federal funds paid for compensation under this title, with respect to claims in Group A as described in section 405(a)(3)(C)(ii), shall not exceed $2,775,000,000. “(B) Remainder of claim amounts.—In the case of a claim in Group A as described in section 405(a)(3)(C)(ii) and for which the Special Master has ratably reduced the amount of compensation for such claim pursuant to paragraph (2) of this subsection, as this subsection was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master shall, as soon as practicable after the date of enactment of such Act, authorize payment of the amount of compensation that is equal to the difference between— “(i) the amount of compensation that the claimant would have been paid under this title for such claim without regard to the limitation under the second sentence of paragraph (1) of this subsection, as this subsection was in effect on the day before the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act; and “(ii) the amount of compensation the claimant was paid under this title for such claim prior to the date of enactment of such Act. “(2) Group b claims.— “(A) In general.—The total amount of Federal funds paid for compensation under this title, with respect to claims in Group B as described in section 405(a)(3)(C)(iii), shall not exceed the amount of funds deposited into the Victims Compensation Fund under section 410. “(B) Payment system.—The Special Master shall establish a system for providing compensation for claims in Group B as described in section 405(a)(3)(C)(iii) in accordance with this subsection and section 405(b)(7). “(C) Development of agency policies and procedures.— “(i) Development.— “(I) In general.—Not later than 30 days after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master shall develop agency policies and procedures that meet the requirements under subclauses (II) and (III) for providing compensation for claims in Group B as described in section 405(a)(3)(C)(iii), including policies and procedures for presumptive award schedules, administrative expenses, and related internal memoranda. “(II) Limitation.—The policies and procedures developed under subclause (I) shall ensure that total expenditures, including administrative expenses, in providing compensation for claims in Group B, as described in section 405(a)(3)(C)(iii), do not exceed the amount of funds deposited into the Victims Compensation Fund under section 410. “(III) Prioritization.—The policies and procedures developed under subclause (I) shall prioritize claims for claimants who are determined by the Special Master as suffering from the most debilitating physical conditions to ensure, for purposes of equity, that such claimants are not unduly burdened by such policies or procedures. “(ii) Reassessment.—Beginning 1 year after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, and each year thereafter until the Victims Compensation Fund is permanently closed under section 410(e), the Special Master shall conduct a reassessment of the agency policies and procedures developed under clause (i) to ensure that such policies and procedures continue to satisfy the requirements under subclauses (II) and (III) of such clause. If the Special Master determines, upon reassessment, that such agency policies or procedures do not achieve the requirements of such subclauses, the Special Master shall take additional actions or make such modifications as necessary to achieve such requirements.” . (e) Regulations.—Section 407(b) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended— (1) by striking “Not later than” and inserting the following: “(1) James zadroga 9/11 health and compensation act of 2010.—Not later than” ; and (2) by adding at the end the following: “(2) James zadroga 9/11 victim compensation fund reauthorization act.—Not later than 180 days after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master shall update the regulations promulgated under subsection (a), and updated under paragraph (1), to the extent necessary to comply with the amendments made by such Act.” . (f) Victims Compensation Fund.—Title IV of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended by adding at the end the following: “SEC. 410. VICTIMS COMPENSATION FUND “(a) In general.—There is established in the Treasury of the United States a fund to be known as the ‘Victims Compensation Fund’, consisting of amounts deposited into such fund under subsection (b). “(b) Deposits Into Fund.—There shall be deposited into the Victims Compensation Fund each of the following: “(1) Effective on the day after the date on which all claimants who file a claim in Group A, as described in section 405(a)(3)(C)(ii), have received the full compensation due such claimants under this title for such claim, any amounts remaining from the total amount made available under section 406 to compensate claims in Group A as described in section 405(a)(3)(C)(ii). “(2) The amount appropriated under subsection (c). “(c) Appropriations.—There is appropriated, out of any money in the Treasury not otherwise appropriated, $4,600,000,000 for fiscal year 2017, to remain available until expended, to provide compensation for claims in Group B as described in section 405(a)(3)(C)(iii). “(d) Availability of Funds.—Amounts deposited into the Victims Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation for claims in Group B as described in section 405(a)(3)(C)(iii). “(e) Termination.—Upon completion of all payments under this title, the Victims Compensation Fund shall be permanently closed.” . (g) 9-11 Response and Biometric Entry-Exit Fee.—Title IV of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note), as amended by subsection (f), is further amended by adding at the end the following: “SEC. 411. 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT FEE “(a) Temporary L-1 Visa Fee Increase.—Notwithstanding section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) or any other provision of law, during the period beginning on the date of the enactment of this section and ending on September 30, 2025, the combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including an application for an extension of such status, shall be increased by $4,500 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are nonimmigrants admitted pursuant to subparagraph (H)(i)(b) or (L) of section 101(a)(15) of such Act. “(b) Temporary H-1b Visa Fee Increase.—Notwithstanding section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) or any other provision of law, during the period beginning on the date of the enactment of this section and ending on September 30, 2025, the combined filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), including an application for an extension of such status, shall be increased by $4,000 for applicants that employ 50 or more employees in the United States if more than 50 percent of the applicant’s employees are such nonimmigrants or nonimmigrants described in section 101(a)(15)(L) of such Act. “(c) 9-11 Response and Biometric Exit Account.— “(1) Establishment.—There is established in the general fund of the Treasury a separate account, which shall be known as the ‘9-11 Response and Biometric Exit Account’. “(2) Deposits.— “(A) In general.—Subject to subparagraph (B), of the amounts collected pursuant to the fee increases authorized under subsections (a) and (b)— “(i) 50 percent shall be deposited in the general fund of the Treasury; and “(ii) 50 percent shall be deposited as offsetting receipts into the 9-11 Response and Biometric Exit Account, and shall remain available until expended. “(B) Termination of deposits in account.—After a total of $1,000,000,000 is deposited into the 9-11 Response and Biometric Exit Account under subparagraph (A)(ii), all amounts collected pursuant to the fee increases authorized under subsections (a) and (b) shall be deposited in the general fund of the Treasury. “(3) Use of funds.—For fiscal year 2017, and each fiscal year thereafter, amounts in the 9-11 Response and Biometric Exit Account shall be available to the Secretary of Homeland Security without further appropriation for implementing the biometric entry and exit data system described in section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b).” . (h) Administrative Costs.—Section 1347 of the Full-Year Continuing Appropriations Act, 2011 (49 U.S.C. 40101 note) is amended— (1) by inserting “and (2)” after “(d)(1)”; and (2) by adding at the end the following: “Costs for payments for compensation for claims in Group A, as described in section 405(a)(3)(C)(ii) of such Act, shall be paid from amounts made available under section 406 of such Act. Costs for payments for compensation for claims in Group B, as described in section 405(a)(3)(C)(iii) of such Act, shall be paid from amounts in the Victims Compensation Fund established under section 410 of such Act.”.