[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:
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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.