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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1327 Enrolled Bill (ENR)]

        H.R.1327

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
           the third day of January, two thousand and nineteen

                                 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).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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