[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3891 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3891

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2006

   Mr. Menendez (for himself, Mrs. Clinton, Mr. Lautenberg, and Mr. 
   Schumer) introduced the following bill; which was read twice and 
               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.''.
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