[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 546 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 546

To extend authorization for the September 11th Victim Compensation Fund 
       of 2001 through fiscal year 2090, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2019

Mrs. Gillibrand (for herself, Mr. Gardner, Ms. Murkowski, Mrs. Shaheen, 
 Mr. Whitehouse, Mr. Markey, Mr. Booker, Mr. Schumer, Mr. Sanders, Ms. 
Baldwin, Mr. Van Hollen, Mr. Menendez, Mr. Blumenthal, Mr. Merkley, Ms. 
   Duckworth, Mr. Bennet, Ms. Warren, Mr. Casey, Ms. Klobuchar, Mr. 
Murphy, Mr. Coons, and Ms. Harris) introduced the following bill; which 
     was read twice and 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 
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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