[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1327 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 153
116th CONGRESS
  1st Session
                                H. R. 1327


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2019

                                Received

                             July 16, 2019

                          Read the first time

                             July 17, 2019

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 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:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
                                                       Calendar No. 153

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.

_______________________________________________________________________

                             July 17, 2019

            Read the second time and placed on the calendar