Never Forget the Heroes: Permanent Authorization of the September 11th Victim Compensation Fund Act

II 116TH CONGRESS 1ST SESSION S. 546 To extend authorization for the September 11th Victim Compensation Fund of 2001 through fiscal year 2090, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 25, 2019 Mrs. GILLIBRAND (for herself, Mr. GARDNER, Ms. MURKOWSKI, Mrs. SHA- HEEN, Mr. WHITEHOUSE, Mr. MARKEY, Mr. BOOKER, Mr. SCHUMER, Mr. SANDERS, Ms. BALDWIN, Mr. VAN HOLLEN, Mr. MENENDEZ, Mr. BLUMENTHAL, Mr. MERKLEY, Ms. DUCKWORTH, Mr. BENNET, Ms. WARREN, Mr. CASEY, Ms. KLOBUCHAR, Mr. MURPHY, Mr. COONS, and Ms. HARRIS) introduced the following bill; which was read twice and re- ferred to the Committee on the Judiciary A BILL To extend authorization for the September 11th Victim Com- pensation Fund of 2001 through fiscal year 2090, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Never Forget the He- 4 roes: Permanent Authorization of the September 11th Vic- 5 tim Compensation Fund Act’’. 6 VerDate Sep 11 2014 00:39 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S546.IS S546 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 546 IS SEC. 2. SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 1 2001. 2 (a) AUTHORIZATION AND FUNDING.—Section 410 of 3 the Air Transportation Safety and System Stabilization 4 Act (49 U.S.C. 40101 note) is amended— 5 (1) in subsection (c), by striking 6 ‘‘$4,600,000,000’’ and all that follows through ‘‘ex- 7 pended’’ and inserting ‘‘such sums as may be nec- 8 essary for fiscal year 2019 and each fiscal year 9 thereafter through fiscal year 2090, to remain avail- 10 able through such fiscal year’’; and 11 (2) in subsection (e), by striking ‘‘Upon comple- 12 tion of all payments under this title’’ and inserting 13 ‘‘On October 1, 2090’’. 14 (b) EXTENDING FILING DEADLINE.—Section 15 405(a)(3)(B) of the Air Transportation Safety and Sys- 16 tem Stabilization Act (49 U.S.C. 40101 note) is amended 17 by striking ‘‘the date that is 5 years after the date of en- 18 actment of the James Zadroga 9/11 Victim Compensation 19 Fund Reauthorization Act’’ and inserting ‘‘October 1, 20 2089’’. 21 (c) COMPENSATION REDUCED BY SPECIAL MASTER 22 DUE TO LACK OF FUNDING.—Section 406(d)(2) of the 23 Air Transportation Safety and System Stabilization Act 24 (49 U.S.C. 40101 note) is amended— 25 VerDate Sep 11 2014 00:39 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S546.IS S546 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 546 IS (1) in subparagraph (C)(ii), by striking ‘‘each 1 year thereafter’’ and inserting ‘‘not less than once 2 every 5 years thereafter’’; and 3 (2) by adding at the end the following: 4 ‘‘(D) COMPENSATION REDUCED BY SPE- 5 CIAL MASTER DUE TO INSUFFICIENT FUND- 6 ING.— 7 ‘‘(i) IN GENERAL.—With respect to 8 any claim in Group B as described in sec- 9 tion 405(a)(3)(C)(iii) for which, prior to 10 the date of enactment of this subpara- 11 graph, the Special Master had advised the 12 claimant that the amount of compensation 13 for such claim has been reduced on the 14 basis of insufficient funding, the Special 15 Master shall, in the first fiscal year fol- 16 lowing such date of enactment that suffi- 17 cient funding becomes available under this 18 title, pay to the claimant an amount that 19 is, as determined by the Special Master, 20 equal to the difference between— 21 ‘‘(I) the amount the claimant 22 would have been paid under this title 23 if sufficient funding was available to 24 the Special Master at the time the 25 VerDate Sep 11 2014 00:39 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S546.IS S546 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 546 IS Special Master determined the 1 amount due the claimant under this 2 title; and 3 ‘‘(II) the amount the claimant 4 was paid under this title. 5 ‘‘(ii) DEFINITIONS.—For purposes of 6 this subparagraph: 7 ‘‘(I) INSUFFICIENT FUNDING.— 8 The term ‘insufficient funding’ means 9 funding— 10 ‘‘(aa) that is available to the 11 Special Master under section 12 410(c), as in effect on the day 13 before the date of enactment of 14 this subparagraph, for purposes 15 of compensating claims in Group 16 B as described in section 17 405(a)(3)(C)(iii); and 18 ‘‘(bb) that the Special Mas- 19 ter determines is insufficient for 20 purposes of compensating all 21 such claims and complying with 22 subparagraph (A). 23 VerDate Sep 11 2014 00:39 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S546.IS S546 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 546 IS ‘‘(II) SUFFICIENT FUNDING.— 1 The term ‘sufficient funding’ means 2 funding— 3 ‘‘(aa) made available to the 4 Special Master for purposes of 5 compensating claims in Group B 6 as described in section 7 405(a)(3)(C)(iii) through an Act 8 of Congress that is enacted after 9 the date on which the amount of 10 the claim described in clause (i) 11 has been reduced; and 12 ‘‘(bb) that the Special Mas- 13 ter determines is sufficient for 14 purposes of compensating all 15 claims in such Group B.’’. 16 (d) LIMITATIONS ON NONECONOMIC LOSS.—Section 17 405(b)(7)(A) of the Air Transportation Safety and System 18 Stabilization Act (49 U.S.C. 40101 note) is amended— 19 (1) by redesignating clauses (i) and (ii) as sub- 20 clauses (I) and (II) respectively, and adjusting the 21 margins accordingly; 22 (2) by striking ‘‘With respect to’’ and inserting 23 the following: 24 VerDate Sep 11 2014 00:39 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S546.IS S546 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 546 IS ‘‘(i) IN GENERAL.—Except as pro- 1 vided in clause (ii), with respect to’’; and 2 (3) by adding at the end the following: 3 ‘‘(ii) EXCEPTION.—The Special Mas- 4 ter may exceed the applicable limitation 5 under clause (i) for a claim in Group B as 6 described in subsection (a)(3)(C)(iii) if the 7 Special Master determines that the pain 8 and suffering of the claimant is so exces- 9 sive as to render the amount of the appli- 10 cable limitation under clause (i) insuffi- 11 ciently compensatory.’’. 12 (e) ADJUSTMENT OF GROSS INCOME LIMITATION.— 13 Section 405(b)(7)(B)(ii) of the Air Transportation Safety 14 and System Stabilization Act (40 U.S.C. 40101 note) is 15 amended— 16 (1) by striking ‘‘In considering’’ and inserting 17 the following: 18 ‘‘(I) IN GENERAL.—Subject to 19 subclause (II), in considering’’; and 20 (2) by adding at the end the following: 21 ‘‘(II) ADJUSTMENT.—The Spe- 22 cial Master shall adjust the amount of 23 the limitation under subclause (I) not 24 more frequently than once every 5 25 VerDate Sep 11 2014 00:39 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S546.IS S546 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 546 IS years to reflect the percentage by 1 which the Consumer Price Index for 2 All Urban Consumers published by 3 the Department of Labor for the 4 month of October immediately pre- 5 ceding the date of adjustment exceeds 6 the Consumer Price Index for All 7 Urban Consumers published by the 8 Department of Labor for the month 9 of October that immediately precedes 10 the date that is 5 years before the 11 date of adjustment.’’. 12 Æ VerDate Sep 11 2014 00:39 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S546.IS S546 pamtmann on DSKBFK8HB2PROD with BILLS