H.R. 6045 – James Zadroga Act of 2006

109th CONGRESS

2d Session

H. R. 6045

IN THE HOUSE OF REPRESENTATIVES

September 7, 2006

Mrs. Maloney (for herself, Mr. Fossella, Mr. King of New York, Mr. Nadler, Mr. Rangel, Mr. Hinchey, Mr. Serrano, and Mr. Engel) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To extend the time for filing certain claims under the September 11th Victim Compensation Fund of 2001, and for other purposes.

Short title

This Act may be cited as the James Zadroga Act of 2006.

Findings

Congress finds the following:

(1)

The September 11th Victim Compensation Fund of 2001 was established to provide compensation to individuals (or relatives of deceased individuals) who were physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001.

(2)

The deadline for filing claims for compensation under the Victim Compensation Fund was December 22, 2003.

(3)

Some individuals did not know they were eligible to file claims for compensation or did not know they had suffered physical harm as a result of the terrorist-related aircraft crashes until after the December 22, 2003, deadline.

Deadline extension for certain claims under September 11th Victim Compensation Fund of 2001

Section 405(a)(3) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended to read as follows:

(3)

Limitation

(A)

In general

Except as provided by subparagraph (B), no claim may be filed under paragraph (1) after December 22, 2003.

(B)

Exceptions

A claim may be filed under paragraph (1) by an individual (or by a personal representative on behalf of a deceased individual)—

(i)

during the 5-year period after the date of enactment of this subparagraph, if the Special Master determines that the individual—

(I)

did not know that the individual had suffered physical harm as a result of the terrorist-related aircraft crashes of September 11, 2001, until after December 22, 2003, and before the date of the enactment of this subparagraph;

(II)

did not for any reason other than as described in subclause (I) know that the individual was eligible to file a claim under paragraph (1) until after December 22, 2003;

(III)

suffered psychological harm as a result of the terrorist-related aircraft crashes; or

(IV)

in the case of an individual who had previously filed a claim under this title, suffered a significantly greater physical harm than was known to the individual as of the date the claim was filed and did not know the full extent of the physical harm suffered as a result of the terrorist-related aircraft crashes until after the date on which the claim was filed and before the date of enactment of this subparagraph; and

(ii)

during the 5-year period after the date that the individual—

(I)

first knew that the individual had suffered physical or psychological harm as a result of the terrorist-related aircraft crashes of September 11, 2001, if the Special Master determines that the individual did not know that the individual had suffered such physical or psychological harm until a date that is on or after the date of enactment of this subparagraph; or

(II)

in the case of an individual who had previously filed a claim under this title and had suffered a significantly greater physical harm than was known to the individual as of the date the claim was filed, or had suffered psychological harm as a result of the terrorist-related crashes, first knew the full extent of the physical and psychological harm suffered as a result of the terrorist-related aircraft crashes, if the Special Master determines that the individual did not know the full extent of the harm suffered until a date that is on or after the date of the enactment of this subparagraph.

Exception to single claim requirement in certain circumstances

Section 405(c)(3)(A) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended to read as follows:

(A)

Single claim

(i)

In general

Except as provided by clause (ii), not more than 1 claim may be submitted under this title by an individual or on behalf of a deceased individual.

(ii)

Exception

A second claim may be filed under subsection (a)(1) by an individual (or by a personal representative on behalf of a deceased individual) if the individual is an individual described in either of clauses (i)(IV) or (ii)(II) of subsection (a)(3)(B).

Eligibility of claimants suffering from psychological harm

(a)

In general

Section 405(c)(2)(A)(ii) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended by inserting , psychological harm, before or death.

(b)

Conforming amendment

Section 405(a)(2)(B)(i) of such Act is amended by striking physical harm and inserting physical or psychological harm.

Immediate aftermath defined

Section 402 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended by adding at the end the following new paragraph:

(11)

Immediate aftermath

In section 405(c)(2)(A)(i), the term immediate aftermath means any period of time after the terrorist-related aircraft crashes of September 11, 2001, as determined by the Special Master, that was sufficiently close in time to the crashes that there was a demonstrable risk to the claimant of physical or psychological harm resulting from the crashes, including the period of time during which rescue, recovery, and cleanup activities relating to the crashes were conducted.

James Zadroga Act of 2006

Legislative Activity

Bill Text