Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act
PL 116-34 (H.R.1327), enacted 07/29/2019

[116th Congress Public Law 34]
[From the U.S. Government Publishing Office]



[[Page 1039]]

 NEVER FORGET THE HEROES: JAMES ZADROGA, RAY PFEIFER, AND LUIS ALVAREZ 
 PERMANENT AUTHORIZATION OF THE SEPTEMBER 11TH VICTIM COMPENSATION FUND 
                                   ACT

[[Page 133 STAT. 1040]]

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. <<NOTE: July 
                       29, 2019 -  [H.R. 1327]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Never Forget the 
Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent 
Authorization of the September 11th Victim Compensation Fund Act. 49 USC 
40101 note.>> 
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) <<NOTE: 49 USC 40101 note.>>  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) <<NOTE: Effective 
                      date. Determination.>>  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 133 STAT. 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) <<NOTE: Determination.>>  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) <<NOTE: 49 USC 40101 note.>>  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 133 STAT. 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.

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