[Congressional Record (Bound Edition), Volume 151 (2005), Part 1]
[Extensions of Remarks]
[Page 1435]
[From the U.S. Government Publishing Office, www.gpo.gov]




    INTRODUCTION OF THE ``VICTIMS COMPENSATION FUND EXTENSION ACT''

                                 ______
                                 

                        HON. CAROLYN B. MALONEY

                              of new york

                    in the house of representatives

                      Wednesday, February 2, 2005

  Mrs. MALONEY. Mr. Speaker, today I along with Representatives Nadler, 
Bishop, Owens, McCarthy and Serrano are introducing the ``Victims 
Compensation Fund Extension Act.''
  In the immediate aftermath of the September 11 terrorist attacks the 
Congress created the Victims Compensation Fund (VCF) to provide 
compensation for victims of 9/11. This fund provided aid to the 
families of 9/11 victims and to individuals who suffered personal 
injury. Among other things, aid from the fund pays for medical expenses 
and lost wages. In return for accepting these funds, recipients 
relinquished rights to any future litigation. The fund had a deadline 
for applicants of December 22, 2003.
  At the deadline, close to 100 percent of the families who lost a 
loved one had filed with the fund, but many individuals who were 
injured as a direct result of 9/11 had not. After the filing, many of 
the injured were denied benefits, despite a clear need.
  The main reasons for not filing applications included people who did 
not know they were eligible as well as others whose injuries were late-
onset. There are literally hundreds of individuals who are now just 
developing career-ending injuries--such as pulmonary and respiratory 
ailments--but are not eligible to receive assistance because they 
developed their symptoms after the deadline.
  Largely as a result of the VCF's restrictions on applicants, 1,755 of 
the 4,430 personal injury claims considered were denied. While there 
was some leeway, the rules required workers to have arrived at Ground 
Zero within 96 hours of the attack and would have needed to seek 
medical treatment within 72 hours. This is reasonable for rescue 
workers who suffered immediate injuries, but leaves no recourse for 
individuals with late-onset injuries or who arrived after September 15, 
2001 to assist in the recovery effort and are now suffering from 
injuries.
  In order to care for the individuals who are now just developing 
physical injuries and to provide an opportunity for injured individuals 
who did not know they were eligible, we are re-introducing the Victims 
Compensation Fund Extension Act (H.R. 5076 in the 108th Congress).
  This bill would:
  Amend eligibility rules so that responders to the 9/11 attacks who 
arrived later than the first 96 hours could be eligible if they 
experienced illness or injury from their work at the site.
  Amend eligibility rules so that those who did not seek immediate 
medical verification for their illness or injury from the disaster, but 
who have since obtained medical evidence, would be eligible.
  Extend the deadline for applications to allow those with either late-
onset illness from the disaster or those who were never informed of 
their eligibility for the Victim Compensation Fund to consider 
applying.

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