    [United States Statutes at Large, Volume 133, 116th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-34
    116th Congress

    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

    [[Page 1041]]

    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

    [[Page 1042]]

    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).

    Approved July 29, 2019.

    LEGISLATIVE HISTORY--H.R. 1327:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 116-152 (Comm. on the Judiciary).
    CONGRESSIONAL RECORD, Vol. 165 (2019):
    July 12, considered and passed House.
    July 23, considered and passed Senate.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
    July 29, Presidential remarks.