116th CONGRESS 1st Session |
To extend authorization for the September 11th Victim Compensation Fund of 2001 through fiscal year 2090, and for other purposes.
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 GonzĂĄlez-ColĂłn 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. VelĂĄzquez, 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
To extend authorization for the September 11th Victim Compensation Fund of 2001 through fiscal year 2090, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the âNever Forget the Heroes: Permanent Authorization of the September 11th Victim Compensation Fund Actâ.
SEC. 2. September 11th Victim Compensation Fund of 2001.
(a) Authorization and funding.âSection 410 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amendedâ
(1) in subsection (c), by striking â$4,600,000,000â and all that follows through âexpendedâ and inserting âsuch sums as may be necessary for fiscal year 2019 and each fiscal year thereafter through fiscal year 2090, to remain available through such fiscal yearâ; and
(2) in subsection (e), by striking âUpon completion of all payments under this titleâ and inserting âOn October 1, 2090â.
(b) Extending filing deadline.âSection 405(a)(3)(B) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended by striking âthe date that is 5 years after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Actâ and inserting âOctober 1, 2089â.
(c) Compensation reduced by Special Master due to lack of funding.âSection 406(d)(2) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amendedâ
(1) in subparagraph (C)(ii), by striking âeach year thereafterâ and inserting ânot less than once every 5 years thereafterâ; and
(2) by adding at the end the following:
â(D) COMPENSATION REDUCED BY SPECIAL MASTER DUE TO INSUFFICIENT FUNDING.â
â(i) IN GENERAL.âWith 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 betweenâ
â(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
â(II) the amount the claimant was paid under this title.
â(ii) DEFINITIONS.âFor purposes of this subparagraph:
â(I) INSUFFICIENT FUNDING.âThe term âinsufficient fundingâ means fundingâ
â(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
â(bb) that the Special Master determines is insufficient for purposes of compensating all such claims and complying with subparagraph (A).
â(II) SUFFICIENT FUNDING.âThe term âsufficient fundingâ means fundingâ
â(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
â(bb) that the Special Master determines is sufficient for purposes of compensating all claims in such Group B.â.
(d) Limitations on noneconomic loss.âSection 405(b)(7)(A) of the of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amendedâ
(1) by redesignating clauses (i) and (ii) as subclauses (I) and (II) respectively, and adjusting the margins accordingly;
(2) by striking âWith respect toâ and inserting the following:
â(i) IN GENERAL.âExcept as provided in clause (ii), with respect toâ; and
(3) by adding at the end the following:
â(ii) EXCEPTION.âThe 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.â.
(e) Adjustment of gross income limitation.âSection 405(b)(7)(B)(ii) of the Air Transportation Safety and System Stabilization Act (40 U.S.C. 40101 note) is amendedâ
(1) by striking âIn consideringâ and inserting the following:
â(I) IN GENERAL.âSubject to subclause (II), in consideringâ ; and
(2) by adding at the end the following:
â(II) ADJUSTMENT.âThe 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.â.