[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3345 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3345
Making additional supplemental appropriations for fiscal year 2002 for
relief and recovery from the September 11, 2001, terrorist attacks on
the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2001
Mr. Sweeney introduced the following bill; which was referred to the
Committee on Appropriations
_______________________________________________________________________
A BILL
Making additional supplemental appropriations for fiscal year 2002 for
relief and recovery from the September 11, 2001, terrorist attacks on
the United States, 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 ``Emergency Relief and Recovery
Supplemental Appropriations Act for Fiscal Year 2002''.
SEC. 2. STATEMENT OF APPROPRIATION.
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for fiscal year 2002, and for
other purposes.
TITLE I--EMERGENCY RELIEF AND RECOVERY PROVISIONS
DEPARTMENT OF LABOR
Employment and Training Administration
temporary emergency unemployment assistance for the state of new york
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for payment to the special fund
established and administered by the State of New York for the payment
of unemployment compensation (as referred to in section 3306(f) of the
Internal Revenue Code of 1986), $880,000,000, to remain available until
expended: Provided, That such amount shall be available only to provide
assistance to dislocated workers in New York City and the State of New
York who are unemployed as a consequence of those attacks, in
accordance with succeeding provisions of this paragraph: Provided
further, That such amount shall not be paid over to such special fund
until such time as the State of New York enters into an agreement with
the Secretary of Labor, under the terms of which such amount shall be
used only (1) to provide for up to 26 weeks of regular compensation to
displaced workers (described in the preceding proviso) in accordance
with the unemployment compensation law of that State, (2) to provide
for up to 26 weeks of extended compensation, under a program
established under such agreement, for any such displaced workers who
have, beginning with any week that begins on or after September 11,
2001, and before the week that includes December 31, 2002, exhausted
all rights to regular compensation under the unemployment compensation
law of that State, (3) to provide for up to 26 weeks of benefits, under
a program established under such agreement, for any such displaced
workers not otherwise eligible for benefits under the unemployment
compensation law of that State (weekly benefits under such program not
to exceed the maximum weekly amount authorized under the unemployment
compensation law of that State), and (4) notwithstanding any other
provision of State or Federal law, to cover administrative expenses
incurred by that State in connection with any compensation or benefits
provided for under clauses (1)-(3); and the State of New York has taken
such measures as may be necessary to ensure that the provisions of such
agreement relating to clauses (2) and (3) will be implemented: Provided
further, That such amount may be used to reimburse the appropriate fund
or account of the State of New York for any amounts described in clause
(1) or (4) of the preceding proviso which were paid or incurred after
September 11, 2001, and before the date of the enactment of this Act
with respect to such displaced workers: Provided further, That, in
determining (for purposes of this paragraph) whether an individual's
separation from employment was as a consequence of the September 11,
2001, terrorist attacks on the United States, the relevant authority
may consider the displacement of businesses in and around the World
Trade Center area, dislocations for workers employed in businesses
serving clients in and around the World Trade Center area, the effect
of the attacks on travel and tourism in the New York City area, and the
effect of the attacks on the ability of businesses to distribute goods
and services in the New York City area: Provided further, That, in
connection with any compensation payable under chapter 85 of title 5,
United States Code, and any compensation payable on the basis of
services to which section 3309(a)(1) of the Internal Revenue Code of
1986 applies, any amounts paid out of the amount appropriated by this
paragraph shall not be required to be repaid: Provided further, That
the amount provided in this paragraph is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount shall be available only to the extent that an
official budget request, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.
premium assistance for cobra continuation coverage for certain
individuals impacted by the terrorist attacks
Sec. 101. (a) Establishment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of Labor, shall establish a
program under which premium assistance for COBRA continuation
coverage shall be provided for qualified individuals under this
section.
(2) Qualified individuals.--For purposes of this section, a
qualified individual is an individual who--
(A)(i) becomes entitled to elect COBRA continuation
coverage--
(I) as a result of the loss of employment
in New York City or New York State of the
individual as a consequence of the September
11, 2001, terrorist attacks on the United
States; or
(II) as a result of a reduction of hours of
employment in New York City or New York State
of the individual as a consequence of such
attacks; or
(ii) is the beneficiary of an individual
who--
(I) is described in clause (i); or
(II) was employed in New York City
or New York State at the time of such
attacks and was killed as a result of
such attacks;
(B) has elected such coverage; and
(C) enrolls in the premium assistance program under
this section by not later than the end of the 1-year
period beginning on the date of the enactment of this
Act.
(3) Scope of consequences of attack.--For purposes of this
section (and the succeeding section), in determining whether an
individual's loss of employment or reduction in hours of
employment is a consequence of the September 11, 2001,
terrorist attacks on the United States, there shall be taken
into consideration the displacement of businesses in and around
the World Trade Center area, dislocations for workers employed
in businesses serving clients in and around the World Trade
Center area, the effect of the attacks on travel and tourism in
the New York City area, and the effect of the attacks on the
ability of businesses to distribute goods and services in the
New York City area.
(4) State option to elect administration of program.--
(A) In general.--A State may elect to administer
the premium assistance program established under this
section if the State submits to the Secretary of the
Treasury, not later than January 1, 2002, a plan that
describes how the State will administer such program on
behalf of qualified individuals who reside in the State
beginning on that date.
(B) Payments.--In the case of a State that submits
a plan under subparagraph (A), subject to subsection
(k), the Secretary of the Treasury shall pay to each
such State an amount for each quarter equal to the
total amount of premium subsidies provided in that
quarter on behalf of such individuals.
(5) Immediate implementation.--The program established
under this section shall be implemented without regard to
whether or not final regulations to carry out such program have
been promulgated by the deadline described in paragraph (1).
(b) Limitation of Period of Premium Assistance.--Premium assistance
provided under this subsection shall end with respect to an individual
on the earlier of--
(1) the date the individual is no longer covered under
COBRA continuation coverage; or
(2) 12 months after the date the individual is first
enrolled in the premium assistance program established under
this section.
(c) Payment and Crediting of Assistance.--
(1) Amount of assistance.--Premium assistance provided
under this section shall be equal to 100 percent of the amount
of the premium required for the COBRA continuation coverage.
(2) Provision of assistance.--Premium assistance provided
under this section shall be provided through the establishment
of direct payment arrangements with a group health plan
(including a multiemployer plan), an issuer of health insurance
coverage, an administrator, or an employer as appropriate with
respect to the individual provided such assistance. It shall be
a fiduciary duty of the plan, issuer, administrator, or
employer to enter into such arrangements under this section.
(3) Premiums payable by qualified individual reduced by
amount of assistance.--Premium assistance provided under this
section shall be credited by such plan, issuer, administrator,
or employer against the premium otherwise owed by the
individual involved for such coverage.
(d) Change in COBRA Notice.--
(1) General notice.--
(A) In general.--In the case of notices provided
under section 4980B(f)(6) of the Internal Revenue Code
of 1986 with respect to individuals who, on or after
September 11, 2001, and before the end of the 1-year
period beginning on the date of the enactment of this
Act, become entitled to elect COBRA continuation
coverage, such notices shall include an additional
notification to the recipient of the availability of
premium assistance for such coverage under this
section.
(B) Alternative notice.--In the case of COBRA
continuation coverage to which the notice provision
under section 4980B(f)(6) of the Internal Revenue Code
of 1986 does not apply, the Secretary of the Treasury
shall, in coordination with group health plans, health
insurance issuers, administrators, and employers that
provide or administer the COBRA continuation coverage
involved, assure provision of such notice.
(C) Form.--The requirement of the additional
notification under this paragraph may be met by
amendment of existing notice forms or by inclusion of a
separate document with the notice otherwise required.
(2) Specific requirements.--Each additional notification
under paragraph (1) shall include--
(A) the forms necessary for establishing
eligibility under subsection (a)(2)(A) and enrollment
under subsection (a)(2)(C) in connection with the
coverage with respect to each qualified individual;
(B) the name, address, and telephone number
necessary to contact the plan administrator and any
other person maintaining relevant information in
connection with the premium assistance; and
(C) the following statement displayed in a
prominent manner:
``You may be eligible to receive assistance with payment of 100
percent of your COBRA continuation coverage premiums for a duration of
not to exceed 12 months.''.
(3) Notice relating to retroactive coverage.--In the case
of such notices previously transmitted before the date of the
enactment of this Act in the case of a qualified individual who
has elected (or is still eligible to elect) COBRA continuation
coverage as of the date of the enactment of this Act, the group
health plan, health insurance issuer, administrator, or
employer involved or the Secretary of the Treasury (in the case
described in the paragraph (1)(B)) shall provide (within 60
days after the date of the enactment of this Act) for the
additional notification required to be provided under paragraph
(1).
(4) Model notices.--The Secretary shall prescribe models
for the additional notification required under this subsection.
(e) Obligation of Funds.--Subject to subsection (k), this section
constitutes budget authority in advance of appropriations Acts and
represents the obligation of the Federal Government to provide for the
payment of premium assistance under this section.
(f) Prompt Issuance of Guidance.--The Secretary of the Treasury, in
consultation with the Secretary of Labor, shall issue guidance under
this section not later than 30 days after the date of the enactment of
this Act.
(g) Definitions.--In this section:
(1) Administrator.--The term ``administrator'' has the
meaning given such term in section 3(16) of the Employee
Retirement Income Security Act of 1974.
(2) Beneficiary.--The term ``beneficiary'' has the meaning
given such term under section 1002 of the Employee Retirement
Income Security Act of 1974.
(3) COBRA continuation coverage.--The term ``COBRA
continuation coverage'' means continuation coverage provided
pursuant to title XXII of the Public Health Service Act,
section 4980B of the Internal Revenue Code of 1986 (other than
subsection (f)(1) of such section insofar as it relates to
pediatric vaccines), part 6 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (other than
under section 609), section 8905a of title 5, United States
Code, under a State program that provides continuation coverage
comparable to such continuation coverage, or other comparable
continuation coverage offered to a beneficiary under a group
health plan.
(4) Federal public benefit.--The term ``Federal public
benefit'' has the meaning given that term in section 401(c) of
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1611(c)).
(5) Group health plan.--The term ``group health plan'' has
the meaning given that term in section 2791(a) of the Public
Health Service Act (42 U.S.C. 300gg-91(a)) and in section
607(1) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1167(1)).
(6) Multiemployer plan.--The term ``multiemployer plan''
has the meaning given that term in section 3(37) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(37)).
(7) State.--The term ``State'' means the State of New York.
(8) State or local public benefit.--The term ``State or
local public benefit'' has the meaning given that term in
section 411(c) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)).
(h) Emergency Designation.--The amount provided in this section is
designated by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985. Such amount
shall be available only to the extent that an official budget request,
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, is transmitted by the President to the
Congress.
(i) Disregard of Subsidies for Purposes of Federal and State
Programs.--Notwithstanding any other provision of law, any premium
assistance provided to, or on behalf of, an individual under this
section, shall not be considered income or resources in determining
eligibility for, or the amount of assistance or benefits provided
under, any other Federal public benefit or State or local public
benefit.
(j) Limitation on Amount.--
(1) In general.--Notwithstanding any other provision of
this section or section 102, in no case shall the total amount
that may be obligated under this section and section 102 exceed
$1,025,000,000.
(2) Contingency mechanism.--
(A) In general.--The Secretaries of the Treasury
and Health and Human Services shall cooperatively
establish a mechanism to assure that the total amount
obligated under this section and section 102 does not
exceed the amount specified in paragraph (1).
(B) Use of first come, first served mechanism.--
Under such mechanism--
(i) with respect to this section, the
Secretary of the Treasury shall provide, in
coordination with States to the extent
applicable, the assistance under this section
giving priority based upon the order in which a
qualified individual applies for assistance in
a manner consistent with subparagraph (A); and
(ii) with respect to section 102, the
Secretary of Health and Human Services shall
provide that the Federal financial
participation provided under such section shall
be available to States giving priority based
upon the order of qualifying expenditures under
State plans in a manner consistent with
subparagraph (A).
optional temporary medicaid coverage for certain uninsured individuals
impacted by the terrorist attacks
Sec. 102. (a) In General.--Notwithstanding any other provision of
law, with respect to any month before the ending month, a State may
elect to provide, under its medicaid program under title XIX of the
Social Security Act, medical assistance in the case of an individual--
(1)(A) who lost employment in New York City or New York
State as a consequence of the September 11, 2001, terrorist
attacks on the United States;
(B) who experienced a reduction of hours of employment in
New York City or New York State as a consequence of such
attacks; or
(C) who is the spouse or dependent child of--
(i) an individual described in subparagraph (A) or
(B); or
(ii) an individual who was employed in New York
City or New York State and was killed as a result of
such attacks;
(2) who is not eligible for COBRA continuation coverage (as
defined in section 101(h)(3)); and
(3) who is uninsured.
(b) Limitation of Period of Coverage.--Assistance under this
section shall end with respect to an individual on the earlier of--
(1) the date the individual is no longer uninsured; or
(2) 12 months after the date the individual is first
determined to be eligible for medical assistance under this
section.
(c) Special Rules.--In the case of medical assistance provided
under this section--
(1) the Federal medical assistance percentage under section
1905(b) of the Social Security Act shall be 100 percent;
(2) a State may elect to disregard (or apply alternative)
income, asset, and resource limitations and the provisions of
section 1916(g) of such Act, except that in no case shall a
State cover individuals with higher family income without
covering individuals with a lower family income;
(3) such medical assistance shall not be provided for
periods before the date the individual becomes uninsured;
(4) individuals eligible for medical assistance under this
section shall be deemed to be described in the list of
individuals described in the matter preceding paragraph (1) of
section 1905(a) of such Act; and
(5) the Federal financial participation with respect to
such assistance is subject to the limitations specified in
section 101(k).
(d) Definitions.--For purposes of this Act:
(1) Uninsured.--The term ``uninsured'' means, with respect
to an individual, that the individual is not covered under--
(A) a group health plan (as defined in section
2791(a) of the Public Health Service Act),
(B) health insurance coverage (as defined in
section 2791(b)(1) of the Public Health Service Act),
or
(C) a program under title XVIII, XIX, or XXI of the
Social Security Act, other than under such title XIX
pursuant to this section.
For purposes of this paragraph, such coverage under
subparagraph (A) or (B) shall not include coverage consisting
solely of coverage of excepted benefits (as defined in section
2791(c) of the Public Health Service Act).
(2) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act.
(3) Ending month.--The term ``ending month'' means the last
month that begins before the date that is 1 year after the date
of the enactment of this Act.
(e) Effective Date.--This section shall take effect upon its
enactment, whether or not regulations implementing this section are
issued.
(f) Emergency Designation.--The amount provided in this section is
designated by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985. Such amount
shall be available only to the extent that an official budget request,
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, is transmitted by the President to the
Congress.
TITLE II--ADDITIONAL EMERGENCY RELIEF AND RECOVERY PROVISIONS
CHAPTER 1--LABOR PROGRAMS
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
Of the amounts provided under this heading in supplemental
appropriation Acts for fiscal year 2002 to be obligated from amounts
made available in Public Law 107-38, $32,400,000 shall be provided to
the Consortium for Worker Education, established by the New York City
Central Labor Council and the New York City Partnership, for an
Emergency Employment Clearinghouse.
State Unemployment Security Office
workers compensation programs
(including transfer of funds)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for workers compensation
programs in accordance with this paragraph, $195,000,000, to remain
available until expended: Provided, That, of such amount, $145,000,000
shall be for payment to the New York State Workers Compensation Review
Board, for the processing of claims related to the terrorist attacks:
Provided further, That, of such amount, $25,000,000 shall be for
payment to the New York State Uninsured Employers Fund, for
reimbursement of claims related to the terrorist attacks: Provided
further, That, of such amount, $25,000,000 shall be for payment to the
New York State Uninsured Employers Fund, for reimbursement of claims
related to the first response emergency services personnel who were
injured, were disabled, or died due to the terrorist attacks: Provided
further, That the amount provided in this paragraph is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985: Provided further, That such amount shall be available only to
the extent that an official budget request, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, is transmitted by the President to the Congress.
CHAPTER 2--HEALTH AND HUMAN SERVICES PROGRAMS
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For an additional amount for ``Health Resources and Services'' to
reimburse local area public and private hospitals for unreimbursed care
provided in response to the September 11, 2001, terrorist attacks on
the United States, including overtime costs, equipment and supplies
destroyed or damaged in the attack, $140,000,000, to remain available
until expended: Provided, That the amount provided in this paragraph is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall be
available only to the extent that an official budget request, that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, is transmitted by the President to the
Congress.
Centers for Disease Control and Prevention
disease control, research, and training
For an additional amount for ``Disease Control, Research, and
Training'' for baseline safety screening for the emergency services
personnel and rescue and recovery personnel who served in response to
the September 11, 2001, terrorist attacks on the United States,
$12,000,000, to remain available until expended: Provided, That the
amount provided in this paragraph is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further,
That such amount shall be available only to the extent that an official
budget request, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.
National Institutes of Health
national institute of environmental health sciences
For an additional amount for ``National Institute of Environmental
Health Sciences'' to respond to the September 11, 2001, terrorist
attacks on the United States, for carrying out activities set forth in
section 311(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, $10,450,000, to remain
available until expended: Provided, That the amount provided in this
paragraph is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That such amount shall
be available only to the extent that an official budget request, that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, is transmitted by the President to the
Congress.
CHAPTER 3--COMMERCE PROGRAMS
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
public telecommunications facilities, planning and construction
For an additional amount for emergency grants authorized by section
392 of the Communications Act of 1934 to respond to the September 11,
2001, terrorist attacks on the World Trade Center, $6,500,000, to
remain available until expended: Provided, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That such amount shall be
available only to the extent that an official budget request, that
includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, is transmitted by the President to the
Congress.
CHAPTER 4--COMMUNITY DEVELOPMENT AND FEMA PROGRAMS
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
For an additional amount for ``Community Development Fund'', to
respond to the September 11, 2001, terrorist attacks on the United
States, $900,000,000, to remain available until expended: Provided,
That such funds shall be subject to the first through sixth provisos in
section 434 of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 2002 :
Provided further, That, of the amount provided in this paragraph,
$10,000,000 shall be used for a program to aid the travel and tourism
industry in New York City: Provided further, That the amount provided
in this paragraph is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That such
amount shall be available only to the extent that an official budget
request, that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, is transmitted by the President
to the Congress.
INDEPENDENT AGENCIES
Federal Emergency Management Agency
disaster relief
For an additional amount for ``Disaster Relief'', to respond to the
September 11, 2001, terrorist attacks on the United States,
$6,560,000,000, to remain available until expended: Provided, That such
amount shall be for recovery activities and assistance in New York City
and the State of New York, Northern Virginia, and Pennsylvania:
Provided further, That, of the amount provided in this paragraph,
$1,350,000,000 shall be for the Office of World Trade Center Attack
Claims, created in chapter 5 of this title: Provided further, That, of
the amount provided in this paragraph, the Federal Emergency Management
Agency may provide up to $110,000,000 to the New York City Board of
Education to compensate the Board for the costs of providing additional
classroom instruction and related activities to students who lost
instructional time as a result of the September 11, 2001, terrorist
attack on New York City: Provided further, That, of the amount provided
in this paragraph, not less than $600,000,000 shall be for public
facilities defined in section 261 of this title: Provided further, That
the amount provided in this paragraph is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That such amount shall be available only to the extent that an
official budget request, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, is transmitted by the
President to the Congress.
CHAPTER 5--WORLD TRADE CENTER ATTACK CLAIMS
short title
Sec. 251. This chapter may be cited as the ``World Trade Center
Attack Claims Act''.
definitions
Sec. 252. In this chapter, the following definitions apply:
(1) Affected area.--The term ``affected area'' means the
area south of Canal Street in the borough of Manhattan, New
York City, New York.
(2) Attack.--The term ``attack'' means the attack on the
World Trade Center in New York City that occurred on September
11, 2001.
(3) Claim.--The term ``claim'' means a claim by an injured
person under this chapter for payment for injury suffered by
the injured person as a result of the attack.
(4) Claimant.--The term ``claimant'' means an injured
person that submits a claim under section 254(b).
(5) Director.--The term ``Director'' means--
(A) the Director of the Federal Emergency
Management Agency; or
(B) if an Independent Claims Manager is appointed
under section 253(d)(4), the Independent Claims
Manager.
(6) Injured person.--
(A) In general.--The term ``injured person'' means
an individual, corporation, partnership, company,
association, cooperative, joint venture, limited
liability company, estate, trust, or nonprofit
organization that--
(i) suffered injury as a result of the
attack; and
(ii) resides or maintains a place of
business in the affected area.
(B) Exclusions.--The term ``injured person'' does
not include--
(i) a lender that holds a mortgage on or
security interest in real or personal property
affected by the attack; or
(ii) a person that holds a lien on real or
personal property affected by the attack.
(7) Office.--The term ``Office'' means the Office of World
Trade Center Attack Claims established by section 253.
office of world trade center attack claims
Sec. 253. (a) In General.--There is established within the Federal
Emergency Management Agency an office to be known as the ``Office of
World Trade Center Attack Claims''.
(b) Purpose.--The Office shall receive, process, and pay claims in
accordance with section 254.
(c) Funding.--The Office--
(1) shall be funded from funds made available under this
chapter; and
(2) may reimburse any other Federal agency for provision of
assistance in the receipt and processing of claims.
(d) Personnel.--
(1) In general.--The Office may appoint and fix the
compensation of such temporary personnel as are necessary to
carry out the duties of the Office, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service.
(2) Personnel from other agencies.--On the request of the
Director, the head of any other Federal agency may detail, on a
reimbursable basis, any of the personnel of the agency to the
Federal Emergency Management Agency to assist the Office in
carrying out the duties of the Office under this chapter.
(3) Effect on other fema duties.--The establishment of the
Office shall not diminish the authority of, or funding
available to, the Director to carry out the responsibilities of
the Federal Emergency Management Agency under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), including the timely provision of
disaster assistance to any area with respect to which a major
disaster or emergency is declared by the President to exist
during the period in which the Director carries out this
chapter.
(4) Appointment of independent claims manager.--The
Director may appoint an Independent Claims Manager to head the
Office and to assume the duties of the Director under this
chapter.
compensation for victims of the attack
Sec. 254. (a) In General.--Each injured person may receive from the
United States compensation for injury suffered by the injured person as
a result of the attack, as determined by the Director in accordance
with subsection (d).
(b) Submission of Claims.--Not later than 2 years after the date on
which interim final regulations are promulgated under subsection (h),
an injured person may submit to the Director a written claim for
payment of injury suffered by the injured person as a result of the
attack in accordance with such requirements as the Director determines
to be appropriate.
(c) Investigation of Claims.--The Director shall investigate,
adjust, grant, deny, settle, or compromise any claim submitted under
subsection (b).
(d) Amount of Payment.--
(1) In general.--Any payment on a claim by an injured
person--
(A) shall be limited to the amount necessary to
compensate the injured person for injury described in
paragraph (2) suffered as a result of the attack during
the period beginning on September 11, 2001, and ending
on March 11, 2003;
(B) shall be subject to subsection (e)(1)(D);
(C) shall not include--
(i) interest on the amount of the payment
before the date of settlement or payment of a
claim; or
(ii) punitive damages or any other form of
noncompensatory damages; and
(D) shall not exceed $500,000, except in the case
of a claim for which the Director determines that a
greater amount is appropriate.
(2) Types of injury.--
(A) Residential loss.--Under paragraph (1), an
injured person may receive payment for a residential
loss consisting of 1 or more of the following:
(i) An uninsured or underinsured property
loss.
(ii) Damage to or destruction of physical
infrastructure.
(iii) An insurance deductible.
(iv) A temporary living or relocation
expense.
(v) Debris removal and other cleanup costs.
(vi) Any other type of related injury that
the Director determines to be appropriate.
(B) Business loss.--Under paragraph (1), an injured
person may receive payment for a business loss
consisting of 1 or more of the following:
(i) An uninsured or underinsured property
loss.
(ii) Damage to or destruction of physical
infrastructure.
(iii) Damage to or destruction of tangible
assets or inventory.
(iv) A business interruption loss.
(v) Overhead costs.
(vi) Employee wages for work not performed.
(vii) An insurance deductible.
(viii) A temporary relocation expense.
(ix) Debris removal and other cleanup
costs.
(x) Any other type of injury that the
Director determines to be appropriate.
(3) Burden of proof.--
(A) In general.--Subject to subparagraph (B), a
claimant shall have the burden of demonstrating injury
suffered by the claimant.
(B) Absence of documents.--If documentary evidence
substantiating injury is not reasonably available, the
Director may pay a claim based on an affidavit or other
documentation executed by the claimant.
(e) Payment of Claims.--
(1) Determination and payment of amount.--
(A) In general.--To the maximum extent practicable,
not later than 180 days after the date on which a claim
is submitted under subsection (b), the Director shall--
(i) determine the amount, if any, to be
paid for the claim; and
(ii) pay the amount.
(B) Priority.--The Director may establish
priorities for processing and paying claims based on--
(i) an assessment of the needs of the
claimants; and
(ii) any other criteria that the Director
determines to be appropriate.
(C) Parameters of determination.--In determining
and paying a claim, the Director shall determine only--
(i) whether the claimant is an injured
person;
(ii) whether the injuries that are the
subject of the claim resulted from the attack;
(iii) the amount, if any, to be paid under
this section; and
(iv) the person or persons entitled to
receive the amount.
(D) Insurance and other benefits.--
(i) In general.--Subject to clause (ii), to
prevent recovery by a claimant in excess of the
equivalent of actual compensatory damages in
accordance with subsection (d), the Director,
in determining the amount of, and paying, a
claim, shall reduce the amount to be paid for
the claim by an amount that is equal to the sum
of the payments or settlements of any kind that
were paid, or will be paid, with respect to the claim, including--
(I) payments on insurance policies;
and
(II) benefits under the public
assistance program, individual
assistance program, or other program of
the Federal Emergency Management Agency
or under a program of any other
Federal, State, or local agency.
(ii) Government loans.--Clause (i) shall
not apply to the receipt by a claimant of any
Federal, State, or local government loan that
is required to be repaid by the claimant.
(2) Advance or partial payments.--At the request of a
claimant, the Director may make 1 or more advance or partial
payments before the final settlement of a claim.
(f) Recovery of Funds Improperly Paid or Misused.--The United
States may recover any portion of a payment on a claim that was
improperly paid to the claimant as a result of--
(1) fraud or misrepresentation on the part of the claimant
or a representative of the claimant;
(2) a material mistake on the part of the United States;
(3) the payment of benefits described in subsection
(e)(1)(D) that were not taken into account in determining the
amount of the payment; or
(4) the failure of the claimant to cooperate in an audit.
(g) Appeals of Decisions.--
(1) Right of appeal.--A claimant may appeal a decision
concerning payment of a claim by filing, not later than 60 days
after the date on which the claimant is notified that the claim
of the claimant will or will not be paid, a notice of appeal--
(A) in the case of a decision on a claim relating
to a business loss, with the Administrator of the Small
Business Administration; and
(B) in the case of a decision on a claim relating
to a residential loss, with the Director.
(2) Period for decision.--A decision concerning an appeal
under paragraph (1) shall be rendered not later than 90 days
after the date on which the notice of appeal is received.
(h) Regulations.--Notwithstanding any other provision of law, not
later than 45 days after the date of enactment of this Act--
(1) the Director shall promulgate and publish in the
Federal Register interim final regulations for the processing
and payment of claims; and
(2) the Director and the Administrator of the Small
Business Administration shall jointly promulgate and publish in
the Federal Register procedures under which a dispute
concerning payment of a claim may be settled through an appeals
process described in subsection (g).
(i) Public Information.--At the time of publication of interim
final regulations under subsection (h), the Director shall disseminate,
through brochures, pamphlets, radio, television, the print news media,
and such other media as the Director determines to be likely to reach
prospective claimants, a clear, concise, and easily understandable
explanation, in English, Spanish, and any other language that the
Director determines to be appropriate, of--
(1) the rights conferred under this section; and
(2) the procedural and other requirements of the
regulations promulgated under subsection (h).
(j) Coordination.--In carrying out this section, the Director shall
coordinate with the Administrator of the Small Business Administration,
other Federal agencies, State and local agencies, and any other
individual or entity, as the Director determines to be necessary--
(1) to ensure the efficient administration of the claims
process; and
(2) to provide for local concerns.
(k) Applicability of Debt Collection Requirements.--
(1) In general.--Section 3716 of title 31, United States
Code, shall not preclude any payment on a claim.
(2) Assignment and exemption from claims of creditors.--
(A) Assignment.--No assignment, release, or
commutation of a payment due or payable under this
section shall be valid.
(B) Exemption.--
(i) In general.--A payment under this
section shall be exempt from all claims of
creditors and from levy, execution, attachment,
or other remedy for recovery or collection of a
debt.
(ii) Nonwaivable exemption.--The exemption
provided by clause (i) may not be waived.
(3) Exception.--Notwithstanding paragraph (2), the Director
may--
(A) require the repayment, using a payment under
this section, of any disaster loan made by the Small
Business Administration to address injury suffered as a
result of the attack; and
(B) use the remedies provided by subchapter II of
chapter 37 of title 31, United States Code, in
collecting debts due to the Federal Government that
arise from this chapter.
acceptance of services of other agencies and volunteers; gifts
Sec. 255. In carrying out this chapter, the Director may--
(1) accept and use the services or facilities of any State
or local government, or of any agency, office, or employee of
any State or local government, with the consent of the
government;
(2) use such voluntary and uncompensated services by
individuals or organizations as may be needed; and
(3) accept gifts of supplies, equipment, and facilities to
be used in carrying out this chapter.
relationship to federal entitlement programs
Sec. 256. (a) Requests for Benefits.--Nothing in this chapter
affects any right of an injured person that submits a claim to submit a
request for benefits under any Federal entitlement program.
(b) Consideration of Payments as Resources.--A payment on a claim
received by an injured person under section 254 shall not be taken into
account in determining the assets or resources of any individual or
household under any Federal program or federally assisted program that
provides financial aid, assistance, or benefits based on need,
including--
(1) the food stamp program under the Food Stamp Act of 1977
(7 U.S.C. 2011 et seq.); and
(2) any program established under the Social Security Act
(42 U.S.C. 301 et seq.).
reports and audits
Sec. 257. (a) Reports.--Not later than 1 year after the date of
promulgation of interim final regulations under section 254(i) and
annually thereafter, the Director shall submit to Congress a report
that describes the claims submitted under section 254(b) during the
year preceding the date of submission of the report, including, with
respect to each claim--
(1) the amount claimed;
(2) a brief description of the nature of the claim; and
(3) the status or disposition of the claim, including the
amount of any payment on the claim.
(b) Audits.--The Comptroller General shall--
(1) conduct an annual audit of the payment of all claims
submitted under section 254(b); and
(2) not later than 120 days after the date on which the
Director submits to Congress the initial report required by
subsection (a) and annually thereafter, submit to Congress a
report on the results of the audit.
authorization of appropriations
Sec. 258. (a) In General.--There are authorized to be appropriated
to carry out this chapter--
(1) for administration by the Office of the compensation
process $100,000,000; and
(2) for payment of claims $1,900,000,000.
(b) Availability.--Amounts made available under subsection (a)
shall remain available until expended.
(c) FEMA Funds.--None of the funds made available to the Federal
Emergency Management Agency for the administration of disaster relief
shall be used to carry out this chapter.
termination of authority
Sec. 259. The authority provided by this chapter terminates
effective 42 months after the date of enactment of this Act.
CHAPTER 6--GENERAL PROVISIONS
authority to obtain reimbursement for expenses incurred in restoration
of utility service and trading operations
Sec. 261. (a) In General.--For purposes of any appropriations made
by Public Law 107-38 or this Act--
(1) the term ``public facilities'' as used in such law and
in section 102(8) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(8)) includes
facilities and equipment of public utility companies regulated
by the New York Public Service Commission and the facilities
and equipment of not-for-profit exchanges and boards of trade
regulated by the Securities and Exchange Commission or the
Commodity Futures Trading Commission; and
(2) the term ``repairing public facilities'' in such law
includes replacing and restoring facilities and equipment lost,
damaged, and destroyed.
(b) Applicability.--Subsection (a) shall apply through September
30, 2003.
<all>