[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 847 Enrolled Bill (ENR)]
H.R.847
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To amend the Public Health Service Act to extend and improve protections
and services to individuals directly impacted by the terrorist attack in
New York City on September 11, 2001, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

bfcf339b9c85f7b07b0c588b6a8c4950305be249dd70b8a38eb10c3394ef4b02

(a) Short Title.--This Act may be cited as the ``James Zadroga 9/11
Health and Compensation Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

e76d4e66a9d652cfa50fbfa064d8861aae21f16003b874bfc66a778bdbe2dc99

``TITLE XXXIII--WORLD TRADE CENTER HEALTH PROGRAM
``Subtitle A--Establishment of Program; Advisory Committee
``Sec. 3301. Establishment of World Trade Center Health Program.
``Sec. 3302. WTC Health Program Scientific/Technical Advisory
Committee; WTC Health Program Steering Committees.
``Sec. 3303. Education and outreach.
``Sec. 3304. Uniform data collection and analysis.
``Sec. 3305. Clinical Centers of Excellence and Data Centers.
``Sec. 3306. Definitions.
``Subtitle B--Program of Monitoring, Initial Health Evaluations, and
Treatment
``PART 1--WTC Responders
``Sec. 3311. Identification of WTC responders and provision of WTC-
related monitoring services.
``Sec. 3312. Treatment of enrolled WTC responders for WTC-related
health conditions.
``Sec. 3313. National arrangement for benefits for eligible
individuals outside New York.
``PART 2--WTC Survivors
``Sec. 3321. Identification and initial health evaluation of
screening-eligible and certified-eligible WTC survivors.
``Sec. 3322. Followup monitoring and treatment of certified-eligible
WTC survivors for WTC-related health conditions.
``Sec. 3323. Followup monitoring and treatment of other individuals
with WTC-related health conditions.
``PART 3--Payor Provisions
``Sec. 3331. Payment of claims.
``Sec. 3332. Administrative arrangement authority.
``Subtitle C--Research Into Conditions
``Sec. 3341. Research regarding certain health conditions related to
September 11 terrorist attacks.
``Sec. 3342. World Trade Center Health Registry.
``Subtitle D--Funding
``Sec. 3351. World Trade Center Health Program Fund.

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TITLE I

-WORLD TRADE CENTER HEALTH PROGRAM

ba853d33ed16e1203fbae86452db8cf6e5c1b1c76205c3eea4818033181c2f76

Section 402 of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) in paragraph (6) by inserting ``, or debris removal,
including under the World Trade Center Health Program established
under section 3001 of the Public Health Service Act, and payments
made pursuant to the settlement of a civil action described in
section 405(c)(3)(C)(iii)'' after ``September 11, 2001'';
(2) by inserting after paragraph (6) the following new
paragraphs and redesignating subsequent paragraphs accordingly:
``(7) Contractor and subcontractor.--The term `contractor and
subcontractor' means any contractor or subcontractor (at any tier
of a subcontracting relationship), including any general
contractor, construction manager, prime contractor, consultant, or
any parent, subsidiary, associated or allied company, affiliated
company, corporation, firm, organization, or joint venture thereof
that participated in debris removal at any 9/11 crash site. Such
term shall not include any entity, including the Port Authority of
New York and New Jersey, with a property interest in the World
Trade Center, on September 11, 2001, whether fee simple, leasehold
or easement, direct or indirect.
``(8) Debris removal.--The term `debris removal' means rescue
and recovery efforts, removal of debris, cleanup, remediation, and
response during the immediate aftermath of the terrorist-related
aircraft crashes of September 11, 2001, with respect to a 9/11
crash site.'';
(3) by inserting after paragraph (10), as so redesignated, the
following new paragraph and redesignating the subsequent paragraphs
accordingly:
``(11) Immediate aftermath.--The term `immediate aftermath'
means any period beginning with the terrorist-related aircraft
crashes of September 11, 2001, and ending on May 30, 2002.''; and
(4) by adding at the end the following new paragraph:
``(14) 9/11 crash site.--The term `9/11 crash site' means--
``(A) the World Trade Center site, Pentagon site, and
Shanksville, Pennsylvania site;
``(B) the buildings or portions of buildings that were
destroyed as a result of the terrorist-related aircraft crashes
of September 11, 2001;
``(C) any area contiguous to a site of such crashes that
the Special Master determines was sufficiently close to the
site that there was a demonstrable risk of physical harm
resulting from the impact of the aircraft or any subsequent
fire, explosions, or building collapses (including the
immediate area in which the impact occurred, fire occurred,
portions of buildings fell, or debris fell upon and injured
individuals); and
``(D) any area related to, or along, routes of debris
removal, such as barges and Fresh Kills.''.

bd59c8ddce84e5351affc47ee22e982580697864bdcd2e062ad734c444085b31

TITLE II

-SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001

(a) Information on Losses Resulting From Debris Removal Included in
Contents of Claim Form.--Section 405(a)(2)(B) of the Air Transportation
Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) in clause (i), by inserting ``, or debris removal during
the immediate aftermath'' after ``September 11, 2001'';
(2) in clause (ii), by inserting ``or debris removal during the
immediate aftermath'' after ``crashes''; and
(3) in clause (iii), by inserting ``or debris removal during
the immediate aftermath'' after ``crashes''.
(b) Extension of Deadline for Claims Under September 11th Victim
Compensation Fund of 2001.--Section 405(a)(3) of such Act 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 the date that
is 2 years after the date on which regulations are promulgated
under section 407(a).
``(B) Exception.--A claim may be filed under paragraph (1),
in accordance with subsection (c)(3)(A)(i), by an individual
(or by a personal representative on behalf of a deceased
individual) during the period beginning on the date on which
the regulations are updated under section 407(b) and ending on
the date that is 5 years after the date on which such
regulations are updated.''.
(c) Requirements for Filing Claims During Extended Filing Period.--
Section 405(c)(3) of such Act is amended--
(1) by redesignating subparagraphs (A) and (B) as subparagraphs
(B) and (C), respectively; and
(2) by inserting before subparagraph (B), as so redesignated,
the following new subparagraph:
``(A) Requirements for filing claims during extended filing
period.--
``(i) Timing requirements for filing claims.--An
individual (or a personal representative on behalf of a
deceased individual) may file a claim during the period
described in subsection (a)(3)(B) as follows:
``(I) In the case that the Special Master
determines the individual knew (or reasonably should
have known) before the date specified in clause (iii)
that the individual suffered a physical harm at a 9/11
crash site as a result of the terrorist-related
aircraft crashes of September 11, 2001, or as a result
of debris removal, and that the individual knew (or
should have known) before such specified date that the
individual was eligible to file a claim under this
title, the individual may file a claim not later than
the date that is 2 years after such specified date.
``(II) In the case that the Special Master
determines the individual first knew (or reasonably
should have known) on or after the date specified in
clause (iii) that the individual suffered such a
physical harm or that the individual first knew (or
should have known) on or after such specified date that
the individual was eligible to file a claim under this
title, the individual may file a claim not later than
the last day of the 2-year period beginning on the date
the Special Master determines the individual first knew
(or should have known) that the individual both
suffered from such harm and was eligible to file a
claim under this title.
``(ii) Other eligibility requirements for filing
claims.--An individual may file a claim during the period
described in subsection (a)(3)(B) only if--
``(I) the individual was treated by a medical
professional for suffering from a physical harm
described in clause (i)(I) within a reasonable time
from the date of discovering such harm; and
``(II) the individual's physical harm is verified
by contemporaneous medical records created by or at the
direction of the medical professional who provided the
medical care.
``(iii) Date specified.--The date specified in this
clause is the date on which the regulations are updated
under section 407(a).''.
(d) Clarifying Applicability to All 9/11 Crash Sites.--Section
405(c)(2)(A)(i) of such Act is amended by striking ``or the site of the
aircraft crash at Shanksville, Pennsylvania'' and inserting ``the site
of the aircraft crash at Shanksville, Pennsylvania, or any other 9/11
crash site''.
(e) Inclusion of Physical Harm Resulting From Debris Removal.--
Section 405(c) of such Act is amended in paragraph (2)(A)(ii), by
inserting ``or debris removal'' after ``air crash''.
(f) Limitations on Civil Actions.--
(1) Application to damages related to debris removal.--Clause
(i) of section 405(c)(3)(C) of such Act, as redesignated by
subsection (c), is amended by inserting ``, or for damages arising
from or related to debris removal'' after ``September 11, 2001''.
(2) Pending actions.--Clause (ii) of such section, as so
redesignated, is amended to read as follows:
``(ii) Pending actions.--In the case of an individual
who is a party to a civil action described in clause (i),
such individual may not submit a claim under this title--
``(I) during the period described in subsection
(a)(3)(A) unless such individual withdraws from such
action by the date that is 90 days after the date on
which regulations are promulgated under section 407(a);
and
``(II) during the period described in subsection
(a)(3)(B) unless such individual withdraws from such
action by the date that is 90 days after the date on
which the regulations are updated under section
407(b).''.
(3) Settled actions.--Such section, as so redesignated, is
further amended by adding at the end the following new clause:
``(iii) Settled actions.--In the case of an individual
who settled a civil action described in clause (i), such
individual may not submit a claim under this title unless
such action was commenced after December 22, 2003, and a
release of all claims in such action was tendered prior to
the date on which the James Zadroga 9/11 Health and
Compensation Act of 2010 was enacted.''.

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Section 407 of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) by striking ``Not later than'' and inserting ``(a) In
General.--Not later than''; and
(2) by adding at the end the following new subsection:
``(b) Updated Regulations.--Not later than 180 days after the date
of the enactment of the James Zadroga 9/11 Health and Compensation Act
of 2010, the Special Master shall update the regulations promulgated
under subsection (a) to the extent necessary to comply with the
provisions of title II of such Act.''.

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Section 408(a) 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 paragraphs:
``(4) Liability for certain claims.--Notwithstanding any other
provision of law, liability for all claims and actions (including
claims or actions that have been previously resolved, that are
currently pending, and that may be filed) for compensatory damages,
contribution or indemnity, or any other form or type of relief,
arising from or related to debris removal, against the City of New
York, any entity (including the Port Authority of New York and New
Jersey) with a property interest in the World Trade Center on
September 11, 2001 (whether fee simple, leasehold or easement, or
direct or indirect) and any contractors and subcontractors, shall
not be in an amount that exceeds the sum of the following, as may
be applicable:
``(A) The amount of funds of the WTC Captive Insurance
Company, including the cumulative interest.
``(B) The amount of all available insurance identified in
schedule 2 of the WTC Captive Insurance Company insurance
policy.
``(C) As it relates to the limitation of liability of the
City of New York, the amount that is the greater of the City of
New York's insurance coverage or $350,000,000. In determining
the amount of the City's insurance coverage for purposes of the
previous sentence, any amount described in subparagraphs (A)
and (B) shall not be included.
``(D) As it relates to the limitation of liability of any
entity, including the Port Authority of New York and New
Jersey, with a property interest in the World Trade Center on
September 11, 2001 (whether fee simple, leasehold or easement,
or direct or indirect), the amount of all available liability
insurance coverage maintained by any such entity.
``(E) As it relates to the limitation of liability of any
individual contractor or subcontractor, the amount of all
available liability insurance coverage maintained by such
contractor or subcontractor on September 11, 2001.
``(5) Priority of claims payments.--Payments to plaintiffs who
obtain a settlement or judgment with respect to a claim or action
to which paragraph (4) applies, shall be paid solely from the
following funds in the following order, as may be applicable:
``(A) The funds described in subparagraph (A) or (B) of
paragraph (4).
``(B) If there are no funds available as described in
subparagraph (A) or (B) of paragraph (4), the funds described
in subparagraph (C) of such paragraph.
``(C) If there are no funds available as described in
subparagraph (A), (B), or (C) of paragraph (4), the funds
described in subparagraph (D) of such paragraph.
``(D) If there are no funds available as described in
subparagraph (A), (B), (C), or (D) of paragraph (4), the funds
described in subparagraph (E) of such paragraph.
``(6) Declaratory judgment actions and direct action.--Any
claimant to a claim or action to which paragraph (4) applies may,
with respect to such claim or action, either file an action for a
declaratory judgment for insurance coverage or bring a direct
action against the insurance company involved, except that no such
action for declaratory judgment or direct action may be commenced
until after the funds available in subparagraph (A), (B), (C), and
(D) of paragraph (5) have been exhausted consistent with the order
described in such paragraph for payment.''.

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Section 406 of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) in subsection (a), by striking ``Not later than'' and
inserting ``Subject to the limitations under subsection (d), not
later than'';
(2) in subsection (b)--
(A) by inserting ``in the amounts provided under subsection
(d)(1)'' after ``appropriations Acts''; and
(B) by inserting ``subject to the limitations under
subsection (d)'' before the period; and
(3) by adding at the end the following new subsections:
``(d) Limitation.--
``(1) In general.--The total amount of Federal funds paid for
compensation under this title, with respect to claims filed on or
after the date on which the regulations are updated under section
407(b), shall not exceed $2,775,000,000. Of such amounts, not to
exceed $875,000,000 shall be available to pay such claims during
the 5-year period beginning on such date.
``(2) Pro-ration and payment of remaining claims.--
``(A) In general.--The Special Master shall ratably reduce
the amount of compensation due claimants under this title in a
manner to ensure, to the extent possible, that--
``(i) all claimants who, before application of the
limitation under the second sentence of paragraph (1),
would have been determined to be entitled to a payment
under this title during such 5-year period, receive a
payment during such period; and
``(ii) the total amount of all such payments made
during such 5-year period do not exceed the amount
available under the second sentence of paragraph (1) to pay
claims during such period.
``(B) Payment of remainder of claim amounts.--In any case
in which the amount of a claim is ratably reduced pursuant to
subparagraph (A), on or after the first day after the 5-year
period described in paragraph (1), but in no event later than 1
year after such 5-year period, the Special Master shall pay to
the claimant the amount that is equal to the difference
between--
``(i) the amount that the claimant would have been paid
under this title during such period without regard to the
limitation under the second sentence of paragraph (1)
applicable to such period; and
``(ii) the amount the claimant was paid under this
title during such period.
``(C) Termination.--Upon completion of all payments
pursuant to this subsection, the Victim's Compensation Fund
shall be permanently closed.
``(e) Attorney Fees.--
``(1) In general.--Notwithstanding any contract, the
representative of an individual may not charge, for services
rendered in connection with the claim of an individual under this
title, more than 10 percent of an award made under this title on
such claim.
``(2) Limitation.--
``(A) In general.--Except as provided in subparagraph (B),
in the case of an individual who was charged a legal fee in
connection with the settlement of a civil action described in
section 405(c)(3)(C)(iii), the representative of the individual
may not charge any amount for compensation for services
rendered in connection with a claim filed under this title.
``(B) Exception.--If the legal fee charged in connection
with the settlement of a civil action described in section
405(c)(3)(C)(iii) of an individual is less than 10 percent of
the aggregate amount of compensation awarded to such individual
through such settlement, the representative of such individual
may charge an amount for compensation for services rendered to
the extent that such amount charged is not more than--
``(i) 10 percent of such aggregate amount through the
settlement, minus
``(ii) the total amount of all legal fees charged for
services rendered in connection with such settlement.
``(3) Discretion to lower fee.--In the event that the special
master finds that the fee limit set by paragraph (1) or (2)
provides excessive compensation for services rendered in connection
with such claim, the Special Master may, in the discretion of the
Special Master, award as reasonable compensation for services
rendered an amount lesser than that permitted for in paragraph
(1).''.

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(a) Imposition of Tax.--
(1) In general.--Subtitle D of the Internal Revenue Code of
1986 is amended by adding at the end the following new chapter:
``CHAPTER 50--FOREIGN PROCUREMENT
``Sec. 5000C. Imposition of tax on certain foreign procurement.
``SEC. 5000C. IMPOSITION OF TAX ON CERTAIN FOREIGN PROCUREMENT.
``(a) Imposition of Tax.--There is hereby imposed on any foreign
person that receives a specified Federal procurement payment a tax
equal to 2 percent of the amount of such specified Federal procurement
payment.
``(b) Specified Federal Procurement Payment.--For purposes of this
section, the term `specified Federal procurement payment' means any
payment made pursuant to a contract with the Government of the United
States for--
``(1) the provision of goods, if such goods are manufactured or
produced in any country which is not a party to an international
procurement agreement with the United States, or
``(2) the provision of services, if such services are provided
in any country which is not a party to an international procurement
agreement with the United States.
``(c) Foreign Person.--For purposes of this section, the term
`foreign person' means any person other than a United States person.
``(d) Administrative Provisions.--
``(1) Withholding.--The amount deducted and withheld under
chapter 3 shall be increased by the amount of tax imposed by this
section on such payment.
``(2) Other administrative provisions.--For purposes of
subtitle F, any tax imposed by this section shall be treated as a
tax imposed by subtitle A.''.
(2) Clerical amendment.--The table of chapters for subtitle D
of the Internal Revenue Code of 1986 is amended by adding at the
end the following new item:
``Chapter 50--Foreign Procurement''.
(3) Effective date.--The amendments made by this subsection
shall apply to payments received pursuant to contracts entered into
on and after the date of the enactment of this Act.
(b) Prohibition on Reimbursement of Fees.--
(1) In general.--The head of each executive agency shall take
any and all measures necessary to ensure that no funds are
disbursed to any foreign contractor in order to reimburse the tax
imposed under section 5000C of the Internal Revenue Code of 1986.
(2) Annual review.--The Administrator for Federal Procurement
Policy shall annually review the contracting activities of each
executive agency to monitor compliance with the requirements of
paragraph (1).
(3) Executive agency.--For purposes of this subsection, the
term ``executive agency'' has the meaning given the term in section
4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).
(c) Application.--This section and the amendments made by this
section shall be applied in a manner consistent with United States
obligations under international agreements.

55babc1c70104ced72d465a92d6b03d3bab049e0480eff996c7360c71f321cf3

TITLE III

-REVENUE RELATED PROVISIONS

Subsections (a), (b), and (c) of section 402 of Public Law 111-230
are amended by striking ``2014'' each place that such appears and
inserting ``2015''.

3f55adfad975d4cf96a40822d802f7a226f965465e9eeb9c147b103fb8277833

The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

James Zadroga 9/11 Health and Compensation Act of 2009 — HR. 847

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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