II 

Calendar No. 153 

116TH CONGRESS 

1ST SESSION H. R. 1327 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2019 

Received 

JULY 16, 2019 

Read the first time 

JULY 17, 2019 

Read the second time and placed on the calendar 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Never Forget the He5 roes: James Zadroga, Ray Pfeifer, and Luis Alvarez Per6 manent Authorization of the September 11th Victim Com7 pensation Fund Act’’. 


kjohnson on DSK79L0C42 with BILLS
2 

HR 1327 PCS

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 2092, to remain avail11 able until expended’’; and 

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

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

15 all funds are expended’’. 

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

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

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

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

20 date of enactment of the James Zadroga 9/11 Victim 

21 Compensation Fund Reauthorization Act’’ and inserting 

22 ‘‘October 1, 2090’’. 

23 (c) COMPENSATION REDUCED BY SPECIAL MASTER

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

25 Air Transportation Safety and System Stabilization Act 


kjohnson on DSK79L0C42 with BILLS
3 

HR 1327 PCS

1 (49 U.S.C. 40101 note) is amended by adding at the end 

2 the following: 

3 ‘‘(D) COMPENSATION REDUCED BY SPE4 CIAL MASTER DUE TO INSUFFICIENT FUND5 ING.— 

6 ‘‘(i) IN GENERAL.—In any claim in 

7 Group B as described in section 

8 405(a)(3)(C)(iii) in which, prior to the en9 actment of the Never Forget the Heroes: 

10 James Zadroga, Ray Pfeifer, and Luis Al11 varez Permanent Authorization of the Sep12 tember 11th Victim Compensation Fund 

13 Act, the Special Master had advised the 

14 claimant that the amount of compensation 

15 has been reduced on the basis of insuffi16 cient funding, the Special Master shall, in 

17 the first fiscal year beginning after suffi18 cient funding becomes available under such 

19 Act, 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 


kjohnson on DSK79L0C42 with BILLS
4 

HR 1327 PCS

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) on the day before the date 

14 of enactment of the Never Forget 

15 the Heroes: James Zadroga, Ray 

16 Pfeifer, and Luis Alvarez Perma17 nent Authorization of the Sep18 tember 11th Victim Compensa19 tion Fund Act for purposes of 

20 compensating claims in Group B 

21 as described in section 

22 405(a)(3)(C)(iii); and 

23 ‘‘(bb) that the Special Mas24 ter determines is insufficient for 

25 purposes of compensating all 


kjohnson on DSK79L0C42 with BILLS
5 

HR 1327 PCS

1 such claims and complying with 

2 subparagraph (A). 

3 ‘‘(II) SUFFICIENT FUNDING.— 

4 The term ‘sufficient funding’ means 

5 funding— 

6 ‘‘(aa) made available to the 

7 Special Master for purposes of 

8 compensating claims in Group B 

9 as described in section 

10 405(a)(3)(C)(iii) through an Act 

11 of Congress that is enacted after 

12 the date on which the amount of 

13 the claim described in clause (i) 

14 has been reduced; and 

15 ‘‘(bb) that the Special Mas16 ter determines is sufficient for 

17 purposes of compensating all 

18 claims in such Group B.’’. 

19 (d) LIMITATIONS ON NONECONOMIC LOSS.—Section 

20 405(b)(7)(A) of the of the Air Transportation Safety and 

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

22 amended— 

23 (1) by redesignating clauses (i) and (ii) as sub24 clauses (I) and (II) respectively, and adjusting the 

25 margins accordingly; 


kjohnson on DSK79L0C42 with BILLS
6 

HR 1327 PCS

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

2 the following: 

3 ‘‘(i) IN GENERAL.—Except as pro4 vided in clause (ii), with respect to’’; and 

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

6 ‘‘(ii) EXCEPTION.—The Special Mas7 ter may exceed the applicable limitation in 

8 clause (i) for a claim in Group B as de9 scribed in subsection (a)(3)(C)(iii) if the 

10 Special Master determines that the claim 

11 presents special circumstances.’’. 

12 (e) ADJUSTMENT OF ANNUAL GROSS INCOME LIMI13 TATION.—Section 405(b)(7)(B)(ii) of the Air Transpor14 tation Safety and System Stabilization Act (40 U.S.C. 

15 40101 note) is amended by striking ‘‘$200,000.’’ and in16 serting ‘‘the annual gross income limitation. The annual 

17 gross income limitation in effect on the date of enactment 

18 of the Never Forget the Heroes: James Zadroga, Ray 

19 Pfeifer, and Luis Alvarez Permanent Authorization of the 

20 September 11th Victim Compensation Fund Act is 

21 $200,000. The Special Master shall periodically adjust 

22 that annual gross income limitation to account for infla23 tion.’’. 


kjohnson on DSK79L0C42 with BILLS
7 

HR 1327 PCS

1 SEC. 3. APPOINTMENT OF SPECIAL MASTER AND DEPUTY 

2 SPECIAL MASTERS. 

3 Section 404 of the Air Transportation Safety and 

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

5 amended— 

6 (1) by redesignating subsection (b) as sub7 section (c); and 

8 (2) by inserting after subsection (a) the fol9 lowing: 

10 ‘‘(b) APPOINTMENT OF SPECIAL MASTER AND DEP11 UTY SPECIAL MASTERS.—The Attorney General may ap12 point a Special Master and no more than two Deputy Spe13 cial Masters without regard to the provisions of title 5, 

14 United States Code, governing appointments in the com15 petitive service. Any such employee shall serve at the 

16 pleasure of the Attorney General. The Attorney General 

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

18 Deputy Special Masters.’’. 

19 SEC. 4. BUDGETARY EFFECTS. 

20 (a) STATUTORY PAYGO SCORECARDS.—The budg21 etary effects of this Act shall not be entered on either 

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

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

24 (b) SENATE PAYGO SCORECARDS.—The budgetary 

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


kjohnson on DSK79L0C42 with BILLS
8 

HR 1327 PCS

1 scorecard maintained for purposes of section 4106 of 

2 House Concurrent Resolution 71 (115th Congress). 

Passed the House of Representatives July 12, 2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


kjohnson on DSK79L0C42 with BILLS

kjohnson on DSK79L0C42 with BILLS
Calendar No. 153 

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 fisJULY 17, 2019 

Read the second time and placed on the calendar 


kjohnson on DSK79L0C42 with BILLS