Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act

Bill: 116-hr-1327
Sponsor: full_name: Rep. Maloney, Carolyn B. [D-NY-12]
Introduced: 2019-02-25
Policy area: Law
Subjects: Administrative remedies

Appropriations

Cancer

Cardiovascular and respiratory health

Crime victims

Disability assistance

Employee benefits and pensions

First responders and emergency personnel

Government buildings, facilities, and property

Government trust funds

Health care costs and insurance

Inflation and prices

New York City

Pennsylvania

Terrorism

Virginia

Worker safety and health
Latest action: action_date: 2019-07-29
text: Became Public Law No: 116-34.

Summaries:
action_date: 2019-02-25
action_desc: Introduced in House
text: <p><b>Never Forget the Heroes: Permanent Authorization of the September 11th Victim Compensation Fund Act</b></p> <p>This bill funds through FY2090 the September 11th Victim Compensation Fund of 2001.</p> <p>Additionally, the bill modifies the Victim Compensation Fund (VCF): </p> <ul> <li>to allow claims to be filed until October 2089, </li> <li>to require VCF policies and procedures to be reassessed at least once every five years (currently, at least once annually), </li> <li>to require claimants to be paid for the amount by which a claim was reduced on the basis of insufficient funding, </li> <li>to remove the cap on noneconomic damages in certain circumstances, and </li> <li>to adjust the annual limit on economic loss compensation for inflation. </li> </ul>

action_date: 2019-07-12
action_desc: Passed House
text: <p><b>Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act</b></p> <p>(Sec. 2) This bill funds through FY2092 the September 11th Victim Compensation Fund of 2001.</p> <p>Additionally, the bill modifies the Victim Compensation Fund (VCF):</p> <ul> <li>to allow claims to be filed until October 2090, </li> <li>to require VCF policies and procedures to be reassessed at least once every five years (currently, at least once annually), </li> <li>to require claimants to be paid for the amount by which a claim was reduced on the basis of insufficient funding, </li> <li>to remove the cap on noneconomic damages in certain circumstances, and </li> <li>to periodically adjust the annual limit on economic loss compensation for inflation. </li> </ul> <p>(Sec. 3) It provides statutory authority for the Attorney General to appoint a special master and up to two deputy special masters to administer the VCF.</p> <p>(Sec. 4) The bill exempts the budgetary effects of this bill from the Pay-As-You-Go (PAYGO) rules established by the Statutory Pay-As-You-Go Act of 2010 and the FY2018 congressional budget resolution.</p>

action_date: 2019-07-23
action_desc: Passed Senate
text: <p><b>Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act</b></p> <p>(Sec. 2) This bill funds through FY2092 the September 11th Victim Compensation Fund of 2001.</p> <p>Additionally, the bill modifies the Victim Compensation Fund (VCF):</p> <ul> <li>to allow claims to be filed until October 2090, </li> <li>to require VCF policies and procedures to be reassessed at least once every five years (currently, at least once annually), </li> <li>to require claimants to be paid for the amount by which a claim was reduced on the basis of insufficient funding, </li> <li>to remove the cap on noneconomic damages in certain circumstances, and </li> <li>to periodically adjust the annual limit on economic loss compensation for inflation. </li> </ul> <p>(Sec. 3) It provides statutory authority for the Attorney General to appoint a special master and up to two deputy special masters to administer the VCF.</p> <p>(Sec. 4) The bill exempts the budgetary effects of this bill from the Pay-As-You-Go (PAYGO) rules established by the Statutory Pay-As-You-Go Act of 2010 and the FY2018 congressional budget resolution.</p>

action_date: 2019-07-29
action_desc: Public Law
text: <p><b>Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act</b></p> <p>(Sec. 2) This bill funds through FY2092 the September 11th Victim Compensation Fund of 2001.</p> <p>Additionally, the bill modifies the Victim Compensation Fund (VCF):</p> <ul> <li>to allow claims to be filed until October 2090, </li> <li>to require VCF policies and procedures to be reassessed at least once every five years (currently, at least once annually), </li> <li>to require claimants to be paid for the amount by which a claim was reduced on the basis of insufficient funding, </li> <li>to remove the cap on noneconomic damages in certain circumstances, and </li> <li>to periodically adjust the annual limit on economic loss compensation for inflation. </li> </ul> <p>(Sec. 3) It provides statutory authority for the Attorney General to appoint a special master and up to two deputy special masters to administer the VCF.</p> <p>(Sec. 4) The bill exempts the budgetary effects of this bill from the Pay-As-You-Go (PAYGO) rules established by the Statutory Pay-As-You-Go Act of 2010 and the FY2018 congressional budget resolution.</p>

tv_txt: I 116th CONGRESS 1st Session H. R. 1327 IN THE HOUSE OF REPRESENTATIVES February 25, 2019 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Nadler , Mr. King of New York , Mr. Rose of New York , Mr. Morelle , Ms. Scanlon , Mr. Fitzpatrick , Miss Rice of New York , Mr. Brendan F. Boyle of Pennsylvania , Mr. Engel , Mr. Espaillat , Mr. Higgins of New York , Mr. Serrano , Ms. Clarke of New York , Ms. Wilson of Florida , Ms. DeLauro , Mr. Payne , Mr. Zeldin , Mrs. Dingell , Ms. DelBene , Ms. Judy Chu of California , Mr. Ruppersberger , Ms. Kelly of Illinois , Mr. Cummings , Mr. Garamendi , Miss González-Colón of Puerto Rico , Mr. Katko , Mr. Aguilar , Mr. Himes , Mr. McGovern , Ms. Norton , Ms. Eshoo , Mr. Meeks , Mr. Cisneros , Mrs. Watson Coleman , Mr. Collins of New York , Mrs. Luria , Ms. Blunt Rochester , Mr. Pascrell , Mrs. Demings , Ms. Jackson Lee , Mr. Sean Patrick Maloney of New York , Mr. Suozzi , Mr. Grijalva , Mr. Sires , Ms. Meng , Ms. Velázquez , Mr. Tonko , Mr. Delgado , Ms. Ocasio-Cortez , Mrs. Lowey , Mr. Pallone , Ms. Stefanik , Mr. Brindisi , Mr. Courtney , Mr. Michael F. Doyle of Pennsylvania , Mr. Jeffries , Mr. Cook , Ms. Sherrill , Ms. Roybal-Allard , Mr. Smith of New Jersey , Mr. Lowenthal , Ms. Wild , Mr. Norcross , Mr. Gottheimer , Mr. Kim , Ms. Schakowsky , Mr. Clay , Mrs. Hayes , Mr. Takano , Mr. Larson of Connecticut , Mr. Carbajal , Mr. Young , Mr. Malinowski , Mr. Van Drew , Mr. Reed , Ms. Matsui , Mr. Austin Scott of Georgia , Mrs. Napolitano , Mr. Khanna , Mr. Lynch , Mrs. Kirkpatrick , Mr. Costa , Ms. Dean , Mr. Neguse , Mr. Brown of Maryland , Mr. Hastings , Mr. Beyer , Ms. Spanberger , Ms. Shalala , Mr. Cole , Mr. Hurd of Texas , and Mr. McHenry ) introduced the following bill; which was 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.

1. Short title This Act may be cited as the Never Forget the Heroes: Permanent Authorization of the September 11th Victim Compensation Fund Act . 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 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. .

tv_txt: I 116th CONGRESS 1st Session H. R. 1327 IN THE HOUSE OF REPRESENTATIVES AN ACT To extend authorization for the September 11th Victim Compensation Fund of 2001 through fiscal year 2092, and for other purposes.

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 . 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. . 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. . 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. Karen L. Haas, Clerk.

tv_txt: I 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 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.

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 . 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. . 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. . 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.

tv_txt: II 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.

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 . 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. . 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. . 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. Cheryl L. Johnson, Clerk

July 17, 2019 Read the second time and placed on the calendar

tv_txt: IB Union Calendar No. 114 116th CONGRESS 1st Session H. R. 1327 [Report No. 116–152] IN THE HOUSE OF REPRESENTATIVES February 25, 2019 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Nadler , Mr. King of New York , Mr. Rose of New York , Mr. Morelle , Ms. Scanlon , Mr. Fitzpatrick , Miss Rice of New York , Mr. Brendan F. Boyle of Pennsylvania , Mr. Engel , Mr. Espaillat , Mr. Higgins of New York , Mr. Serrano , Ms. Clarke of New York , Ms. Wilson of Florida , Ms. DeLauro , Mr. Payne , Mr. Zeldin , Mrs. Dingell , Ms. DelBene , Ms. Judy Chu of California , Mr. Ruppersberger , Ms. Kelly of Illinois , Mr. Cummings , Mr. Garamendi , Miss González-Colón of Puerto Rico , Mr. Katko , Mr. Aguilar , Mr. Himes , Mr. McGovern , Ms. Norton , Ms. Eshoo , Mr. Meeks , Mr. Cisneros , Mrs. Watson Coleman , Mr. Collins of New York , Mrs. Luria , Ms. Blunt Rochester , Mr. Pascrell , Mrs. Demings , Ms. Jackson Lee , Mr. Sean Patrick Maloney of New York , Mr. Suozzi , Mr. Grijalva , Mr. Sires , Ms. Meng , Ms. Velázquez , Mr. Tonko , Mr. Delgado , Ms. Ocasio-Cortez , Mrs. Lowey , Mr. Pallone , Ms. Stefanik , Mr. Brindisi , Mr. Courtney , Mr. Michael F. Doyle of Pennsylvania , Mr. Jeffries , Mr. Cook , Ms. Sherrill , Ms. Roybal-Allard , Mr. Smith of New Jersey , Mr. Lowenthal , Ms. Wild , Mr. Norcross , Mr. Gottheimer , Mr. Kim , Ms. Schakowsky , Mr. Clay , Mrs. Hayes , Mr. Takano , Mr. Larson of Connecticut , Mr. Carbajal , Mr. Young , Mr. Malinowski , Mr. Van Drew , Mr. Reed , Ms. Matsui , Mr. Austin Scott of Georgia , Mrs. Napolitano , Mr. Khanna , Mr. Lynch , Mrs. Kirkpatrick , Mr. Costa , Ms. Dean , Mr. Neguse , Mr. Brown of Maryland , Mr. Hastings , Mr. Beyer , Ms. Spanberger , Ms. Shalala , Mr. Cole , Mr. Hurd of Texas , and Mr. McHenry ) introduced the following bill; which was referred to the Committee on the Judiciary July 12, 2019 Additional sponsors: Ms. Brownley of California , Ms. Titus , Mr. Meuser , Mr. Levin of Michigan , Ms. Gabbard , Mr. Quigley , Mr. Cohen , Mr. Horsford , Mr. Neal , Ms. Hill of California , Mr. Sarbanes , Ms. McCollum , Mr. Cartwright , Ms. Fudge , Mr. Cuellar , Ms. Wexton , Ms. Wasserman Schultz , Mr. Connolly , Ms. Omar , Mr. Phillips , Mr. Posey , Mr. Turner , Mr. Gomez , Ms. Speier , Ms. Escobar , Mr. Raskin , Mrs. Lee of Nevada , Mr. Burgess , Mr. Green of Texas , Mr. Stauber , Ms. Craig , Mrs. Beatty , Ms. Adams , Ms. DeGette , Ms. Johnson of Texas , Mr. Welch , Mr. Golden , Mr. Amodei , Mr. Pappas , Mr. Gooden , Mr. Danny K. Davis of Illinois , Mr. Swalwell of California , Ms. Bonamici , Ms. Kuster of New Hampshire , Ms. Pressley , Ms. Haaland , Mr. Levin of California , Mr. Heck , Mrs. Trahan , Mr. Case , Mr. Mast , Ms. Stevens , Mr. Allred , Mr. Perlmutter , Mr. Joyce of Ohio , Mr. Trone , Mr. Rouda , Mr. Rush , Mr. Foster , Mr. Rodney Davis of Illinois , Mr. Crow , Mr. Pocan , Mr. Schneider , Mr. Rutherford , Mr. Panetta , Mr. Perry , Mr. Peters , Ms. Slotkin , Mr. Soto , Mr. Ryan , Mr. Cunningham , Mrs. Murphy , Mr. Sherman , Mr. McKinley , Mr. Thompson of California , Mr. Loebsack , Ms. Tlaib , Mr. Walden , Mr. Bera , Mr. Krishnamoorthi , Mr. Kilmer , Mr. Upton , Mrs. Axne , Ms. Castor of Florida , Mr. Stanton , Mr. Casten of Illinois , Ms. Cheney , Mr. Lamb , Mr. García of Illinois , Mr. Gonzalez of Ohio , Mr. Cox of California , Mr. DeFazio , Mr. Harder of California , Ms. Bass , Mr. Stivers , Mr. Bost , Mr. Riggleman , Mr. Crist , Mr. Joyce of Pennsylvania , Mr. Reschenthaler , Ms. Houlahan , Mrs. Fletcher , Ms. Finkenauer , Mr. Budd , Ms. Davids of Kansas , Mr. Barr , Mr. McAdams , Mr. Kennedy , Ms. Sewell of Alabama , Mr. Wittman , Ms. Clark of Massachusetts , Mr. DeSaulnier , Mr. Cicilline , Mr. Luján , Mr. Johnson of South Dakota , Mrs. Miller , Mr. Kildee , Mrs. Bustos , Mr. Schiff , Ms. Barragán , Mr. Clyburn , Mr. McCaul , Mr. Balderson , Mr. Moulton , Mr. Hudson , Mr. Ted Lieu of California , Mr. Price of North Carolina , Ms. Underwood , Mr. Ruiz , Ms. Kendra S. Horn of Oklahoma , Mr. Evans , Ms. Schrier , Ms. Pingree , Mr. Scott of Virginia , Ms. Mucarsel-Powell , Mr. Thompson of Mississippi , Mr. Bacon , Mr. Gonzalez of Texas , Mr. Huffman , Ms. Garcia of Texas , Mr. Richmond , Mr. Gallego , Ms. Porter , Mrs. McBath , Mr. Mooney of West Virginia , Ms. Jayapal , Mr. Diaz-Balart , Mr. Marshall , Mr. Kind , Mr. Kelly of Pennsylvania , Mr. Gallagher , Ms. Lofgren , Mr. Holding , Mr. LaMalfa , Mr. Correa , Mr. Lipinski , Mr. Castro of Texas , Mr. Blumenauer , Mr. LaHood , Mr. Smucker , Mrs. Wagner , Mr. Yoho , Mr. Woodall , Mr. Cleaver , Mrs. Walorski , Mr. Bucshon , Mrs. Brooks of Indiana , Mr. Hagedorn , Ms. Waters , Mr. Lawson of Florida , Ms. Sánchez , Mr. Cárdenas , Mrs. Davis of California , Mr. Watkins , Mr. O'Halleran , Ms. Frankel , Mr. San Nicolas , Mr. Timmons , Mr. Doggett , Mr. Smith of Missouri , Mr. Wilson of South Carolina , Mr. Gianforte , Mr. Marchant , Mr. Yarmuth , Mr. Vargas , Ms. Torres Small of New Mexico , Mr. Deutch , Ms. Lee of California , Ms. Herrera Beutler , Mr. Collins of Georgia , Mr. Cline , Mr. Larsen of Washington , Mr. Johnson of Ohio , Mr. Wenstrup , Mr. Butterfield , Mr. McEachin , Mr. Graves of Georgia , Mr. Westerman , Mrs. Lawrence , Ms. Moore , Mr. Vela , Mr. Thompson of Pennsylvania , Mr. Crenshaw , Mr. Smith of Washington , Mr. Langevin , Mr. Emmer , Mr. Carson of Indiana , Mrs. Torres of California , Mr. Rouzer , Mr. Keating , Mr. David Scott of Georgia , Mr. McNerney , Mr. Johnson of Georgia , Mr. Veasey , Mr. Schrader , Mr. Lewis , Ms. Kaptur , Mr. Johnson of Louisiana , Mr. Cooper , Mrs. Rodgers of Washington , Mr. Bishop of Georgia , Mr. Peterson , Mr. Huizenga , Mr. Higgins of Louisiana , Mr. Long , Mrs. Lesko , Mr. Abraham , Mr. Carter of Texas , Mr. Visclosky , Mr. Walker , Mr. Olson , Mr. Green of Tennessee , Mr. Dunn , Mr. Mullin , Mr. Rogers of Kentucky , Mr. Newhouse , Mr. Luetkemeyer , Mr. Hoyer , Ms. Pelosi , and Mr. Fortenberry July 12, 2019 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To extend authorization for the September 11th Victim Compensation Fund of 2001 through fiscal year 2090, and for other purposes.

1. Short title This Act may be cited as the Never Forget the Heroes: Permanent Authorization of the September 11th Victim Compensation Fund Act . 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 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. .

July 12, 2019 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed