H. R. 1327 

One Hundred Sixteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and nineteen 

An Act 

To extend authorization for the September 11th Victim Compensation Fund of 

2001 through fiscal year 2092, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Never Forget the Heroes: James 

Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization 

of the September 11th Victim Compensation Fund Act’’. 

SEC. 2. SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001. 

(a) AUTHORIZATION AND FUNDING.—Section 410 of the Air 

Transportation Safety and System Stabilization Act (49 U.S.C. 

40101 note) is amended— 

(1) in subsection (c), by striking ‘‘$4,600,000,000’’ and all 

that follows through ‘‘expended’’ and inserting ‘‘such sums as 

may be necessary for fiscal year 2019 and each fiscal year 

thereafter through fiscal year 2092, to remain available until 

expended’’; and 

(2) in subsection (e), by striking ‘‘Upon completion of all 

payments under this title’’ and inserting ‘‘On October 1, 2092, 

or at such time thereafter as all funds are expended’’. 

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

405(a)(3)(B) of the Air Transportation Safety and System Stabilization Act (40 U.S.C. 401010 note) is amended by striking ‘‘the date 

that is 5 years after the date of enactment of the James Zadroga 

9/11 Victim Compensation Fund Reauthorization Act’’ and inserting 

‘‘October 1, 2090’’. 

(c) COMPENSATION REDUCED BY SPECIAL MASTER DUE TO LACK

OF FUNDING.—Section 406(d)(2) of the Air Transportation Safety 

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

by adding at the end the following: 

‘‘(D) COMPENSATION REDUCED BY SPECIAL MASTER DUE

TO INSUFFICIENT FUNDING.— ‘‘(i) IN GENERAL.—In any claim in Group B as 

described in section 405(a)(3)(C)(iii) in which, prior 

to the enactment of the Never Forget the Heroes: 

James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act, the Special Master had advised 

the claimant that the amount of compensation has 

been reduced on the basis of insufficient funding, the 

Special Master shall, in the first fiscal year beginning 

after sufficient funding becomes available under such 
H. R. 1327—2 

Act, pay to the claimant an amount that is, as determined by the Special Master, equal to the difference 

between— 

‘‘(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 

‘‘(II) the amount the claimant was paid under 

this title. 

‘‘(ii) DEFINITIONS.—For purposes of this subparagraph: 

‘‘(I) INSUFFICIENT FUNDING.—The term ‘insufficient funding’ means funding— 

‘‘(aa) that is available to the Special 

Master under section 410(c) on the day before 

the date of enactment of the Never Forget 

the Heroes: James Zadroga, Ray Pfeifer, and 

Luis Alvarez Permanent Authorization of the 

September 11th Victim Compensation Fund 

Act for purposes of compensating claims in 

Group B as described in section 

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

‘‘(bb) that the Special Master determines 

is insufficient for purposes of compensating 

all such claims and complying with subparagraph (A). 

‘‘(II) SUFFICIENT FUNDING.—The term ‘sufficient funding’ means funding— 

‘‘(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 

‘‘(bb) that the Special Master determines 

is sufficient for purposes of compensating all 

claims in such Group B.’’. 

(d) LIMITATIONS ON NONECONOMIC LOSS.—Section 405(b)(7)(A) 

of the of the Air Transportation Safety and System Stabilization 

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

(1) by redesignating clauses (i) and (ii) as subclauses (I) 

and (II) respectively, and adjusting the margins accordingly; 

(2) by striking ‘‘With respect to’’ and inserting the following: 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), with respect to’’; and 

(3) by adding at the end the following: 

‘‘(ii) EXCEPTION.—The Special Master may exceed 

the applicable limitation in clause (i) for a claim in 

Group B as described in subsection (a)(3)(C)(iii) if the 

Special Master determines that the claim presents special circumstances.’’. 

(e) ADJUSTMENT OF ANNUAL GROSS INCOME LIMITATION.—Section 405(b)(7)(B)(ii) of the Air Transportation Safety and System 

Stabilization Act (40 U.S.C. 40101 note) is amended by striking 

‘‘$200,000.’’ and inserting ‘‘the annual gross income limitation. The 
H. R. 1327—3 

annual gross income limitation in effect on the date of enactment 

of the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and 

Luis Alvarez Permanent Authorization of the September 11th 

Victim Compensation Fund Act is $200,000. The Special Master 

shall periodically adjust that annual gross income limitation to 

account for inflation.’’. 

SEC. 3. APPOINTMENT OF SPECIAL MASTER AND DEPUTY SPECIAL 

MASTERS. 

Section 404 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended— 

(1) by redesignating subsection (b) as subsection (c); and 

(2) by inserting after subsection (a) the following: 

‘‘(b) APPOINTMENT OF SPECIAL MASTER AND DEPUTY SPECIAL

MASTERS.—The Attorney General may appoint a Special Master 

and no more than two Deputy Special Masters without regard 

to the provisions of title 5, United States Code, governing appointments in the competitive service. Any such employee shall serve 

at the pleasure of the Attorney General. The Attorney General 

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

Special Masters.’’. 

SEC. 4. BUDGETARY EFFECTS. 

(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects 

of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go 

Act of 2010. 

(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this 

Act shall not be entered on any PAYGO scorecard maintained 

for purposes of section 4106 of House Concurrent Resolution 71 

(115th Congress). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.