[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1327 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1327
To extend authorization for the September 11th Victim Compensation Fund
of 2001 through fiscal year 2090, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2019
Mrs. Carolyn B. Maloney of New York (for herself, Mr. Nadler, Mr. King
of New York, Mr. Rose of New York, Mr. Morelle, Ms. Scanlon, Mr.
Fitzpatrick, Miss Rice of New York, Mr. Brendan F. Boyle of
Pennsylvania, Mr. Engel, Mr. Espaillat, Mr. Higgins of New York, Mr.
Serrano, Ms. Clarke of New York, Ms. Wilson of Florida, Ms. DeLauro,
Mr. Payne, Mr. Zeldin, Mrs. Dingell, Ms. DelBene, Ms. Judy Chu of
California, Mr. Ruppersberger, Ms. Kelly of Illinois, Mr. Cummings, Mr.
Garamendi, Miss Gonzalez-Colon of Puerto Rico, Mr. Katko, Mr. Aguilar,
Mr. Himes, Mr. McGovern, Ms. Norton, Ms. Eshoo, Mr. Meeks, Mr.
Cisneros, Mrs. Watson Coleman, Mr. Collins of New York, Mrs. Luria, Ms.
Blunt Rochester, Mr. Pascrell, Mrs. Demings, Ms. Jackson Lee, Mr. Sean
Patrick Maloney of New York, Mr. Suozzi, Mr. Grijalva, Mr. Sires, Ms.
Meng, Ms. Velazquez, Mr. Tonko, Mr. Delgado, Ms. Ocasio-Cortez, Mrs.
Lowey, Mr. Pallone, Ms. Stefanik, Mr. Brindisi, Mr. Courtney, Mr.
Michael F. Doyle of Pennsylvania, Mr. Jeffries, Mr. Cook, Ms. Sherrill,
Ms. Roybal-Allard, Mr. Smith of New Jersey, Mr. Lowenthal, Ms. Wild,
Mr. Norcross, Mr. Gottheimer, Mr. Kim, Ms. Schakowsky, Mr. Clay, Mrs.
Hayes, Mr. Takano, Mr. Larson of Connecticut, Mr. Carbajal, Mr. Young,
Mr. Malinowski, Mr. Van Drew, Mr. Reed, Ms. Matsui, Mr. Austin Scott of
Georgia, Mrs. Napolitano, Mr. Khanna, Mr. Lynch, Mrs. Kirkpatrick, Mr.
Costa, Ms. Dean, Mr. Neguse, Mr. Brown of Maryland, Mr. Hastings, Mr.
Beyer, Ms. Spanberger, Ms. Shalala, Mr. Cole, Mr. Hurd of Texas, and
Mr. McHenry) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To extend authorization for the September 11th Victim Compensation Fund
of 2001 through fiscal year 2090, 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: 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 2090, to remain available
through such fiscal year''; and
(2) in subsection (e), by striking ``Upon completion of all
payments under this title'' and inserting ``On October 1,
2090''.
(b) Extending Filing Deadline.--Section 405(a)(3)(B) of the Air
Transportation Safety and System Stabilization Act (49 U.S.C. 40101
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, 2089''.
(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--
(1) in subparagraph (C)(ii), by striking ``each year
thereafter'' and inserting ``not less than once every 5 years
thereafter''; and
(2) by adding at the end the following:
``(D) Compensation reduced by special master due to
insufficient funding.--
``(i) In general.--With respect to any
claim in Group B as described in section
405(a)(3)(C)(iii) for which, prior to the date
of enactment of this subparagraph, the Special
Master had advised the claimant that the amount
of compensation for such claim has been reduced
on the basis of insufficient funding, the
Special Master shall, in the first fiscal year
following such date of enactment that
sufficient funding becomes available under this
title, 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), as in effect on
the day before the date of
enactment of this subparagraph,
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 under clause
(i) for a claim in Group B as described in
subsection (a)(3)(C)(iii) if the Special Master
determines that the pain and suffering of the
claimant is so excessive as to render the
amount of the applicable limitation under
clause (i) insufficiently compensatory.''.
(e) Adjustment of 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--
(1) by striking ``In considering'' and inserting the
following:
``(I) In general.--Subject to
subclause (II), in considering'' ; and
(2) by adding at the end the following:
``(II) Adjustment.--The Special
Master shall adjust the amount of the
limitation under subclause (I) not more
frequently than once every 5 years to
reflect the percentage by which the
Consumer Price Index for All Urban
Consumers published by the Department
of Labor for the month of October
immediately preceding the date of
adjustment exceeds the Consumer Price
Index for All Urban Consumers published
by the Department of Labor for the
month of October that immediately
precedes the date that is 5 years
before the date of adjustment.''.
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