I 

116TH CONGRESS 

1ST SESSION H. R. 1327 

To extend authorization for the September 11th Victim Compensation Fund 

of 2001 through fiscal year 2090, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

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 GONZA ́LEZCOLO ́N 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. VELA ́ZQUEZ, 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 


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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’’. 

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

8 2001. 

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

10 the Air Transportation Safety and System Stabilization 

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

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

13 ‘‘$4,600,000,000’’ and all that follows through ‘‘ex14 pended’’ and inserting ‘‘such sums as may be nec15 essary for fiscal year 2019 and each fiscal year 

16 thereafter through fiscal year 2090, to remain avail17 able through such fiscal year’’; and 

18 (2) in subsection (e), by striking ‘‘Upon comple19 tion of all payments under this title’’ and inserting 

20 ‘‘On October 1, 2090’’. 


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1 (b) EXTENDING FILING DEADLINE.—Section 

2 405(a)(3)(B) of the Air Transportation Safety and Sys3 tem Stabilization Act (49 U.S.C. 40101 note) is amended 

4 by striking ‘‘the date that is 5 years after the date of en5 actment of the James Zadroga 9/11 Victim Compensation 

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

7 2089’’. 

8 (c) COMPENSATION REDUCED BY SPECIAL MASTER

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

10 Air Transportation Safety and System Stabilization Act 

11 (49 U.S.C. 40101 note) is amended— 

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

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

14 every 5 years thereafter’’; and 

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

16 ‘‘(D) COMPENSATION REDUCED BY SPE17 CIAL MASTER DUE TO INSUFFICIENT FUND18 ING.— 

19 ‘‘(i) IN GENERAL.—With respect to 

20 any claim in Group B as described in sec21 tion 405(a)(3)(C)(iii) for which, prior to 

22 the date of enactment of this subpara23 graph, the Special Master had advised the 

24 claimant that the amount of compensation 

25 for such claim has been reduced on the 


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1 basis of insufficient funding, the Special 

2 Master shall, in the first fiscal year fol3 lowing such date of enactment that suffi4 cient funding becomes available under this 

5 title, pay to the claimant an amount that 

6 is, as determined by the Special Master, 

7 equal to the difference between— 

8 ‘‘(I) the amount the claimant 

9 would have been paid under this title 

10 if sufficient funding was available to 

11 the Special Master at the time the 

12 Special Master determined the 

13 amount due the claimant under this 

14 title; and 

15 ‘‘(II) the amount the claimant 

16 was paid under this title. 

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

18 this subparagraph: 

19 ‘‘(I) INSUFFICIENT FUNDING.— 

20 The term ‘insufficient funding’ means 

21 funding— 

22 ‘‘(aa) that is available to the 

23 Special Master under section 

24 410(c), as in effect on the day 

25 before the date of enactment of 


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1 this subparagraph, for purposes 

2 of compensating claims in Group 

3 B as described in section 

4 405(a)(3)(C)(iii); and 

5 ‘‘(bb) that the Special Mas6 ter determines is insufficient for 

7 purposes of compensating all 

8 such claims and complying with 

9 subparagraph (A). 

10 ‘‘(II) SUFFICIENT FUNDING.— 

11 The term ‘sufficient funding’ means 

12 funding— 

13 ‘‘(aa) made available to the 

14 Special Master for purposes of 

15 compensating claims in Group B 

16 as described in section 

17 405(a)(3)(C)(iii) through an Act 

18 of Congress that is enacted after 

19 the date on which the amount of 

20 the claim described in clause (i) 

21 has been reduced; and 

22 ‘‘(bb) that the Special Mas23 ter determines is sufficient for 

24 purposes of compensating all 

25 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 

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

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

17 Special Master determines that the pain 

18 and suffering of the claimant is so exces19 sive as to render the amount of the appli20 cable limitation under clause (i) insuffi21 ciently compensatory.’’. 

22 (e) ADJUSTMENT OF GROSS INCOME LIMITATION.— 

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

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

25 amended— 


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

2 the following: 

3 ‘‘(I) IN GENERAL.—Subject to 

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

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

6 ‘‘(II) ADJUSTMENT.—The Spe7 cial Master shall adjust the amount of 

8 the limitation under subclause (I) not 

9 more frequently than once every 5 

10 years to reflect the percentage by 

11 which the Consumer Price Index for 

12 All Urban Consumers published by 

13 the Department of Labor for the 

14 month of October immediately pre15 ceding the date of adjustment exceeds 

16 the Consumer Price Index for All 

17 Urban Consumers published by the 

18 Department of Labor for the month 

19 of October that immediately precedes 

20 the date that is 5 years before the 

21 date of adjustment.’’. 

Æ 


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