Lineage

Jul 29, 2019 Pub. L. 116–34 Enacted
Jul 29, 2019 Enrolled Bill See what changed
Jul 15, 2019 Placed on Calendar Senate Received See what changed
Jul 12, 2019viewing Engrossed in House See what changed
Feb 25, 2019 Reported in House 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 See what changed
Feb 25, 2019 Introduced in House 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

H.R. 1327 — what changed

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

From Reported in House to Engrossed in House. 2 sections amended and 2 added between Reported in House and Engrossed in House.

Section 1 Short title

changed 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)

changed 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,~~ 2092, to remain available ~~through such fiscal year”;~~ until expended”; and

(2)

changed in subsection (e), by striking “Upon completion of all payments under this title” and inserting “On October 1, ~~2090”.~~2092, or at such time thereafter as all funds are expended”.

(b)

changed ~~Extending filing deadline—~~Extension of limitation on claim filing— Section 405(a)(3)(B) of the Air Transportation Safety and System Stabilization Act ~~(49~~ (40 U.S.C. ~~40101~~ 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, ~~2089”.~~2090”.

(c)

changed 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—~~amended by adding at the end the following:

(1)

removed ~~in subparagraph (C)(ii), by striking “each year thereafter” and inserting “not less than once every 5 years thereafter”; and~~

(2)

removed ~~by adding at the end the following:~~

“(D) Compensation reduced by Special Master due to insufficient funding

added “(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—

removed “(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—

added “(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

removed “(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”

(3)

by adding at the end the following:

changed “(ii) Exception—The Special Master may exceed the applicable limitation ~~under~~ in 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.”~~claim presents special circumstances.”

(e)

changed 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—~~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.”.

(1)

removed ~~by striking “In considering” and inserting the following:~~

removed ~~“(I) In general—Subject to subclause (II), in considering”~~

(2)

removed ~~by adding at the end the following:~~

removed “(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.”

Sec. 3 Appointment of special master and deputy special masters

added

added Section 404 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended—

(1)

added by redesignating subsection (b) as subsection (c); and

(2)

added by inserting after subsection (a) the following:

added “(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

added

(a)

added 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)

added 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).

H.R. 1327 — what changed

Section 1 Short title

Sec. 2 September 11th Victim Compensation Fund of 2001

Sec. 3 Appointment of special master and deputy special masters

Sec. 4 Budgetary effects

Cite this provision

Incoming references