[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1327 Engrossed in House (EH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1327
_______________________________________________________________________
AN ACT
To extend authorization for the September 11th Victim Compensation Fund
of 2001 through fiscal year 2092, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Never Forget the Heroes: James
Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the
September 11th Victim Compensation Fund Act''.
SEC. 2. SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001.
(a) Authorization and Funding.--Section 410 of the Air
Transportation Safety and System Stabilization Act (49 U.S.C. 40101
note) is amended--
(1) in subsection (c), by striking ``$4,600,000,000'' and
all that follows through ``expended'' and inserting ``such sums
as may be necessary for fiscal year 2019 and each fiscal year
thereafter through fiscal year 2092, to remain available until
expended''; and
(2) in subsection (e), by striking ``Upon completion of all
payments under this title'' and inserting ``On October 1, 2092,
or at such time thereafter as all funds are expended''.
(b) Extension of Limitation on Claim Filing.--Section 405(a)(3)(B)
of the Air Transportation Safety and System Stabilization Act (40
U.S.C. 401010 note) is amended by striking ``the date that is 5 years
after the date of enactment of the James Zadroga 9/11 Victim
Compensation Fund Reauthorization Act'' and inserting ``October 1,
2090''.
(c) Compensation Reduced by Special Master Due to Lack of
Funding.--Section 406(d)(2) of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended by adding at the
end the following:
``(D) Compensation reduced by special master due to
insufficient funding.--
``(i) In general.--In any claim in Group B
as described in section 405(a)(3)(C)(iii) in
which, prior to the enactment of the Never
Forget the Heroes: James Zadroga, Ray Pfeifer,
and Luis Alvarez Permanent Authorization of the
September 11th Victim Compensation Fund Act,
the Special Master had advised the claimant
that the amount of compensation has been
reduced on the basis of insufficient funding,
the Special Master shall, in the first fiscal
year beginning after sufficient funding becomes
available under such Act, pay to the claimant
an amount that is, as determined by the Special
Master, equal to the difference between--
``(I) the amount the claimant would
have been paid under this title if
sufficient funding was available to the
Special Master at the time the Special
Master determined the amount due the
claimant under this title; and
``(II) the amount the claimant was
paid under this title.
``(ii) Definitions.--For purposes of this
subparagraph:
``(I) Insufficient funding.--The
term `insufficient funding' means
funding--
``(aa) that is available to
the Special Master under
section 410(c) on the day
before the date of enactment of
the Never Forget the Heroes:
James Zadroga, Ray Pfeifer, and
Luis Alvarez Permanent
Authorization of the September
11th Victim Compensation Fund
Act for purposes of
compensating claims in Group B
as described in section
405(a)(3)(C)(iii); and
``(bb) that the Special
Master determines is
insufficient for purposes of
compensating all such claims
and complying with subparagraph
(A).
``(II) Sufficient funding.--The
term `sufficient funding' means
funding--
``(aa) made available to
the Special Master for purposes
of compensating claims in Group
B as described in section
405(a)(3)(C)(iii) through an
Act of Congress that is enacted
after the date on which the
amount of the claim described
in clause (i) has been reduced;
and
``(bb) that the Special
Master determines is sufficient
for purposes of compensating
all claims in such Group B.''.
(d) Limitations on Noneconomic Loss.--Section 405(b)(7)(A) of the
of the Air Transportation Safety and System Stabilization Act (49
U.S.C. 40101 note) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II) respectively, and adjusting the margins accordingly;
(2) by striking ``With respect to'' and inserting the
following:
``(i) In general.--Except as provided in
clause (ii), with respect to''; and
(3) by adding at the end the following:
``(ii) Exception.--The Special Master may
exceed the applicable limitation in clause (i)
for a claim in Group B as described in
subsection (a)(3)(C)(iii) if the Special Master
determines that the claim presents special
circumstances.''.
(e) Adjustment of Annual Gross Income Limitation.--Section
405(b)(7)(B)(ii) of the Air Transportation Safety and System
Stabilization Act (40 U.S.C. 40101 note) is amended by striking
``$200,000.'' and inserting ``the annual gross income limitation. The
annual gross income limitation in effect on the date of enactment of
the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis
Alvarez Permanent Authorization of the September 11th Victim
Compensation Fund Act is $200,000. The Special Master shall
periodically adjust that annual gross income limitation to account for
inflation.''.
SEC. 3. APPOINTMENT OF SPECIAL MASTER AND DEPUTY SPECIAL MASTERS.
Section 404 of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Appointment of Special Master and Deputy Special Masters.--
The Attorney General may appoint a Special Master and no more than two
Deputy Special Masters without regard to the provisions of title 5,
United States Code, governing appointments in the competitive service.
Any such employee shall serve at the pleasure of the Attorney General.
The Attorney General shall fix the annual salary of the Special Master
and the Deputy Special Masters.''.
SEC. 4. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this Act
shall not be entered on either PAYGO scorecard maintained pursuant to
section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this Act
shall not be entered on any PAYGO scorecard maintained for purposes of
section 4106 of House Concurrent Resolution 71 (115th Congress).
Passed the House of Representatives July 12, 2019.
Attest:
Clerk.
116th CONGRESS
1st Session
H. R. 1327
_______________________________________________________________________
AN ACT
To extend authorization for the September 11th Victim Compensation Fund
of 2001 through fiscal year 2092, and for other purposes.