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. SHAHEEN, 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 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Never Forget the He5 roes: Permanent Authorization of the September 11th Vic6 tim Compensation Fund Act’’. 


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1 SEC. 2. SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 

2 2001. 

3 (a) AUTHORIZATION AND FUNDING.—Section 410 of 

4 the Air Transportation Safety and System Stabilization 

5 Act (49 U.S.C. 40101 note) is amended— 

6 (1) in subsection (c), by striking 

7 ‘‘$4,600,000,000’’ and all that follows through ‘‘ex8 pended’’ and inserting ‘‘such sums as may be nec9 essary for fiscal year 2019 and each fiscal year 

10 thereafter through fiscal year 2090, to remain avail11 able through such fiscal year’’; and 

12 (2) in subsection (e), by striking ‘‘Upon comple13 tion of all payments under this title’’ and inserting 

14 ‘‘On October 1, 2090’’. 

15 (b) EXTENDING FILING DEADLINE.—Section 

16 405(a)(3)(B) of the Air Transportation Safety and Sys17 tem Stabilization Act (49 U.S.C. 40101 note) is amended 

18 by striking ‘‘the date that is 5 years after the date of en19 actment of the James Zadroga 9/11 Victim Compensation 

20 Fund Reauthorization Act’’ and inserting ‘‘October 1, 

21 2089’’. 

22 (c) COMPENSATION REDUCED BY SPECIAL MASTER

23 DUE TO LACK OF FUNDING.—Section 406(d)(2) of the 

24 Air Transportation Safety and System Stabilization Act 

25 (49 U.S.C. 40101 note) is amended— 


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1 (1) in subparagraph (C)(ii), by striking ‘‘each 

2 year thereafter’’ and inserting ‘‘not less than once 

3 every 5 years thereafter’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(D) COMPENSATION REDUCED BY SPE6 CIAL MASTER DUE TO INSUFFICIENT FUND7 ING.— 

8 ‘‘(i) IN GENERAL.—With respect to 

9 any claim in Group B as described in sec10 tion 405(a)(3)(C)(iii) for which, prior to 

11 the date of enactment of this subpara12 graph, the Special Master had advised the 

13 claimant that the amount of compensation 

14 for such claim has been reduced on the 

15 basis of insufficient funding, the Special 

16 Master shall, in the first fiscal year fol17 lowing such date of enactment that suffi18 cient funding becomes available under this 

19 title, pay to the claimant an amount that 

20 is, as determined by the Special Master, 

21 equal to the difference between— 

22 ‘‘(I) the amount the claimant 

23 would have been paid under this title 

24 if sufficient funding was available to 

25 the Special Master at the time the 


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1 Special Master determined the 

2 amount due the claimant under this 

3 title; and 

4 ‘‘(II) the amount the claimant 

5 was paid under this title. 

6 ‘‘(ii) DEFINITIONS.—For purposes of 

7 this subparagraph: 

8 ‘‘(I) INSUFFICIENT FUNDING.— 

9 The term ‘insufficient funding’ means 

10 funding— 

11 ‘‘(aa) that is available to the 

12 Special Master under section 

13 410(c), as in effect on the day 

14 before the date of enactment of 

15 this subparagraph, for purposes 

16 of compensating claims in Group 

17 B as described in section 

18 405(a)(3)(C)(iii); and 

19 ‘‘(bb) that the Special Mas20 ter determines is insufficient for 

21 purposes of compensating all 

22 such claims and complying with 

23 subparagraph (A). 


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1 ‘‘(II) SUFFICIENT FUNDING.— 

2 The term ‘sufficient funding’ means 

3 funding— 

4 ‘‘(aa) made available to the 

5 Special Master for purposes of 

6 compensating claims in Group B 

7 as described in section 

8 405(a)(3)(C)(iii) through an Act 

9 of Congress that is enacted after 

10 the date on which the amount of 

11 the claim described in clause (i) 

12 has been reduced; and 

13 ‘‘(bb) that the Special Mas14 ter determines is sufficient for 

15 purposes of compensating all 

16 claims in such Group B.’’. 

17 (d) LIMITATIONS ON NONECONOMIC LOSS.—Section 

18 405(b)(7)(A) of the Air Transportation Safety and System 

19 Stabilization Act (49 U.S.C. 40101 note) is amended— 

20 (1) by redesignating clauses (i) and (ii) as sub21 clauses (I) and (II) respectively, and adjusting the 

22 margins accordingly; 

23 (2) by striking ‘‘With respect to’’ and inserting 

24 the following: 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), with respect to’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(ii) EXCEPTION.—The Special Mas5 ter may exceed the applicable limitation 

6 under clause (i) for a claim in Group B as 

7 described in subsection (a)(3)(C)(iii) if the 

8 Special Master determines that the pain 

9 and suffering of the claimant is so exces10 sive as to render the amount of the appli11 cable limitation under clause (i) insuffi12 ciently compensatory.’’. 

13 (e) ADJUSTMENT OF GROSS INCOME LIMITATION.— 

14 Section 405(b)(7)(B)(ii) of the Air Transportation Safety 

15 and System Stabilization Act (40 U.S.C. 40101 note) is 

16 amended— 

17 (1) by striking ‘‘In considering’’ and inserting 

18 the following: 

19 ‘‘(I) IN GENERAL.—Subject to 

20 subclause (II), in considering’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(II) ADJUSTMENT.—The Spe23 cial Master shall adjust the amount of 

24 the limitation under subclause (I) not 

25 more frequently than once every 5 


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1 years to reflect the percentage by 

2 which the Consumer Price Index for 

3 All Urban Consumers published by 

4 the Department of Labor for the 

5 month of October immediately pre6 ceding the date of adjustment exceeds 

7 the Consumer Price Index for All 

8 Urban Consumers published by the 

9 Department of Labor for the month 

10 of October that immediately precedes 

11 the date that is 5 years before the 

12 date of adjustment.’’. 

Æ 


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