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. SCAN-
LON, 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´LEZ- 
COLO´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. BRIN-
DISI, 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 fol-
lowing bill; which was referred to the Committee on the Judiciary 
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A BILL 
To extend authorization for the September 11th Victim Com-
pensation Fund of 2001 through fiscal year 2090, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Never Forget the He-
roes: Permanent Authorization of the September 11th Vic-
tim 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 ‘‘ex-
pended’’ and inserting ‘‘such sums as may be nec-
essary for fiscal year 2019 and each fiscal year 
thereafter through fiscal year 2090, to remain avail-
able through such fiscal year’’; and 
(2) in subsection (e), by striking ‘‘Upon comple-
tion of all payments under this title’’ and inserting 
‘‘On October 1, 2090’’. 
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(b) 
EXTENDING
FILING
DEADLINE.—Section 
405(a)(3)(B) of the Air Transportation Safety and Sys-
tem Stabilization Act (49 U.S.C. 40101 note) is amended 
by striking ‘‘the date that is 5 years after the date of en-
actment of the James Zadroga 9/11 Victim Compensation 
Fund Reauthorization Act’’ and inserting ‘‘October 1, 
2089’’. 
(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— 
(1) in subparagraph (C)(ii), by striking ‘‘each 
year thereafter’’ and inserting ‘‘not less than once 
every 5 years thereafter’’; and 
(2) by adding at the end the following: 
‘‘(D) COMPENSATION
REDUCED
BY
SPE-
CIAL
MASTER
DUE
TO
INSUFFICIENT
FUND-
ING.— 
‘‘(i) IN
GENERAL.—With respect to 
any claim in Group B as described in sec-
tion 405(a)(3)(C)(iii) for which, prior to 
the date of enactment of this subpara-
graph, the Special Master had advised the 
claimant that the amount of compensation 
for such claim has been reduced on the 
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basis of insufficient funding, the Special 
Master shall, in the first fiscal year fol-
lowing such date of enactment that suffi-
cient funding becomes available under this 
title, 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), as in effect on the day 
before the date of enactment of 
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this subparagraph, for purposes 
of compensating claims in Group 
B 
as 
described 
in 
section 
405(a)(3)(C)(iii); and 
‘‘(bb) that the Special Mas-
ter 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 Mas-
ter determines is sufficient for 
purposes of compensating all 
claims in such Group B.’’. 
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(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 sub-
clauses (I) and (II) respectively, and adjusting the 
margins accordingly; 
(2) by striking ‘‘With respect to’’ and inserting 
the following: 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), with respect to’’; and 
(3) by adding at the end the following: 
‘‘(ii) EXCEPTION.—The Special Mas-
ter may exceed the applicable limitation 
under clause (i) for a claim in Group B as 
described in subsection (a)(3)(C)(iii) if the 
Special Master determines that the pain 
and suffering of the claimant is so exces-
sive as to render the amount of the appli-
cable limitation under clause (i) insuffi-
ciently compensatory.’’. 
(e) ADJUSTMENT OF 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— 
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(1) by striking ‘‘In considering’’ and inserting 
the following: 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), in considering’’ ; and 
(2) by adding at the end the following: 
‘‘(II) ADJUSTMENT.—The Spe-
cial Master shall adjust the amount of 
the limitation under subclause (I) not 
more frequently than once every 5 
years to reflect the percentage by 
which the Consumer Price Index for 
All Urban Consumers published by 
the Department of Labor for the 
month of October immediately pre-
ceding the date of adjustment exceeds 
the Consumer Price Index for All 
Urban Consumers published by the 
Department of Labor for the month 
of October that immediately precedes 
the date that is 5 years before the 
date of adjustment.’’. 
Æ 
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