James Zadroga Act of 2006 - Amends the September 11th Victim Compensation Fund of 2001 (Fund), part of the Air Transportation Safety and System Stabilization Act, to extend the current December 22, 2003, deadline for filing claims under the Fund for five years following enactment of this Act if the Special Master determines that the individual: (1) was unaware that he or she had suffered physical harm as the result of the September 11, 2001, terrorist-related aircraft crashes until after the deadline and before enactment of this Act; (2) was unaware of his or her eligibility to file a claim until after December 22, 2003; (3) suffered psychological harm as a result of the crashes; or (4) in the case of an individual who had previously filed a claim, suffered a significantly greater physical harm than was known to the individual as of the date the claim was filed, but did not know its full extent until after the claim was filed and before enactment of this Act.
Allows the filing of a claim also during the five years after the individual first knew that he or she had suffered physical or psychological harm as the result of such crashes, if he or she did not know that until on or after enactment of this Act. Extends the same five-year filing allowance to anyone who did not know the full extent of the harm suffered until on or after the enactment of this Act, even though he or she had previously filed a claim and had suffered a significantly greater physical or psychological harm than was known to the individual as of the date the claim was filed. Waives the single claim requirement in such circumstances.
Makes a claimant eligible for compensation based on the psychological harm suffered as a result of the crashes.
Defines "immediate aftermath" for compensation eligibility purposes as any period of time after the crashes that was sufficiently close in time to them that there was a demonstrable risk to the claimant of resulting physical or psychological harm, including the period of time during which related rescue, recovery, and cleanup activities were conducted.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6045 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6045
To extend the time for filing certain claims under the September 11th
Victim Compensation Fund of 2001, and for other purposes.
_______________________________________________________________________
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.
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 ``James Zadroga Act of 2006''.
SEC. 2. 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.
SEC. 3. 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.''.
SEC. 4. 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).''.
SEC. 5. 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''.
SEC. 6. 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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