[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1327 Enrolled Bill (ENR)]
H.R.1327
One Hundred Sixteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and nineteen
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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.