116TH CONGRESS 

1ST SESSION H. R. 1327 

AN ACT 

To extend authorization for the September 11th Victim Compensation Fund of 2001 through fiscal year 2092, 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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Never Forget the He3 roes: James Zadroga, Ray Pfeifer, and Luis Alvarez Per4 manent Authorization of the September 11th Victim Com5 pensation Fund Act’’. 

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

7 2001. 

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

9 the Air Transportation Safety and System Stabilization 

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

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

12 ‘‘$4,600,000,000’’ and all that follows through ‘‘ex13 pended’’ and inserting ‘‘such sums as may be nec14 essary for fiscal year 2019 and each fiscal year 

15 thereafter through fiscal year 2092, to remain avail16 able until expended’’; and 

17 (2) in subsection (e), by striking ‘‘Upon comple18 tion of all payments under this title’’ and inserting 

19 ‘‘On October 1, 2092, or at such time thereafter as 

20 all funds are expended’’. 

21 (b) EXTENSION OF LIMITATION ON CLAIM FILING.— 

22 Section 405(a)(3)(B) of the Air Transportation Safety 

23 and System Stabilization Act (40 U.S.C. 401010 note) is 

24 amended by striking ‘‘the date that is 5 years after the 

25 date of enactment of the James Zadroga 9/11 Victim 
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1 Compensation Fund Reauthorization Act’’ and inserting 

2 ‘‘October 1, 2090’’. 

3 (c) COMPENSATION REDUCED BY SPECIAL MASTER

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

5 Air Transportation Safety and System Stabilization Act 

6 (49 U.S.C. 40101 note) is amended by adding at the end 

7 the following: 

8 ‘‘(D) COMPENSATION REDUCED BY SPE9 CIAL MASTER DUE TO INSUFFICIENT FUND10 ING.— 

11 ‘‘(i) IN GENERAL.—In any claim in 

12 Group B as described in section 

13 405(a)(3)(C)(iii) in which, prior to the en14 actment of the Never Forget the Heroes: 

15 James Zadroga, Ray Pfeifer, and Luis Al16 varez Permanent Authorization of the Sep17 tember 11th Victim Compensation Fund 

18 Act, the Special Master had advised the 

19 claimant that the amount of compensation 

20 has been reduced on the basis of insuffi21 cient funding, the Special Master shall, in 

22 the first fiscal year beginning after suffi23 cient funding becomes available under such 

24 Act, pay to the claimant an amount that 
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1 is, as determined by the Special Master, 

2 equal to the difference between— 

3 ‘‘(I) the amount the claimant 

4 would have been paid under this title 

5 if sufficient funding was available to 

6 the Special Master at the time the 

7 Special Master determined the 

8 amount due the claimant under this 

9 title; and 

10 ‘‘(II) the amount the claimant 

11 was paid under this title. 

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

13 this subparagraph: 

14 ‘‘(I) INSUFFICIENT FUNDING.— 

15 The term ‘insufficient funding’ means 

16 funding— 

17 ‘‘(aa) that is available to the 

18 Special Master under section 

19 410(c) on the day before the date 

20 of enactment of the Never Forget 

21 the Heroes: James Zadroga, Ray 

22 Pfeifer, and Luis Alvarez Perma23 nent Authorization of the Sep24 tember 11th Victim Compensa25 tion Fund Act for purposes of 
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1 compensating claims in Group B 

2 as described in section 

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

4 ‘‘(bb) that the Special Mas5 ter determines is insufficient for 

6 purposes of compensating all 

7 such claims and complying with 

8 subparagraph (A). 

9 ‘‘(II) SUFFICIENT FUNDING.— 

10 The term ‘sufficient funding’ means 

11 funding— 

12 ‘‘(aa) made available to the 

13 Special Master for purposes of 

14 compensating claims in Group B 

15 as described in section 

16 405(a)(3)(C)(iii) through an Act 

17 of Congress that is enacted after 

18 the date on which the amount of 

19 the claim described in clause (i) 

20 has been reduced; and 

21 ‘‘(bb) that the Special Mas22 ter determines is sufficient for 

23 purposes of compensating all 

24 claims in such Group B.’’. 
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1 (d) LIMITATIONS ON NONECONOMIC LOSS.—Section 

2 405(b)(7)(A) of the of the Air Transportation Safety and 

3 System Stabilization Act (49 U.S.C. 40101 note) is 

4 amended— 

5 (1) by redesignating clauses (i) and (ii) as sub6 clauses (I) and (II) respectively, and adjusting the 

7 margins accordingly; 

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

9 the following: 

10 ‘‘(i) IN GENERAL.—Except as pro11 vided in clause (ii), with respect to’’; and 

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

13 ‘‘(ii) EXCEPTION.—The Special Mas14 ter may exceed the applicable limitation in 

15 clause (i) for a claim in Group B as de16 scribed in subsection (a)(3)(C)(iii) if the 

17 Special Master determines that the claim 

18 presents special circumstances.’’. 

19 (e) ADJUSTMENT OF ANNUAL GROSS INCOME LIMI20 TATION.—Section 405(b)(7)(B)(ii) of the Air Transpor21 tation Safety and System Stabilization Act (40 U.S.C. 

22 40101 note) is amended by striking ‘‘$200,000.’’ and in23 serting ‘‘the annual gross income limitation. The annual 

24 gross income limitation in effect on the date of enactment 

25 of the Never Forget the Heroes: James Zadroga, Ray 
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1 Pfeifer, and Luis Alvarez Permanent Authorization of the 

2 September 11th Victim Compensation Fund Act is 

3 $200,000. The Special Master shall periodically adjust 

4 that annual gross income limitation to account for infla5 tion.’’. 

6 SEC. 3. APPOINTMENT OF SPECIAL MASTER AND DEPUTY 

7 SPECIAL MASTERS. 

8 Section 404 of the Air Transportation Safety and 

9 System Stabilization Act (49 U.S.C. 40101 note) is 

10 amended— 

11 (1) by redesignating subsection (b) as sub12 section (c); and 

13 (2) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b) APPOINTMENT OF SPECIAL MASTER AND DEP16 UTY SPECIAL MASTERS.—The Attorney General may ap17 point a Special Master and no more than two Deputy Spe18 cial Masters without regard to the provisions of title 5, 

19 United States Code, governing appointments in the com20 petitive service. Any such employee shall serve at the 

21 pleasure of the Attorney General. The Attorney General 

22 shall fix the annual salary of the Special Master and the 

23 Deputy Special Masters.’’. 
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1 SEC. 4. BUDGETARY EFFECTS. 

2 (a) STATUTORY PAYGO SCORECARDS.—The budg3 etary effects of this Act shall not be entered on either 

4 PAYGO scorecard maintained pursuant to section 4(d) of 

5 the Statutory Pay-As-You-Go Act of 2010. 

6 (b) SENATE PAYGO SCORECARDS.—The budgetary 

7 effects of this Act shall not be entered on any PAYGO 

8 scorecard maintained for purposes of section 4106 of 

9 House Concurrent Resolution 71 (115th Congress). 

Passed the House of Representatives July 12, 2019. 

Attest: 

Clerk. 

116TH CONGRESS 

1ST SESSION H. R. 1327 

AN ACT 

To extend authorization for the September 11th 

cal year 2092, and for other purposes. Victim Compensation Fund of 2001 through fis-