Pub. L. 111-347, tit. II, sec. 202
EXTENDED AND EXPANDED ELIGIBILITY FOR COMPENSATION.
SEC. 202. EXTENDED AND EXPANDED ELIGIBILITY FOR COMPENSATION.(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”; and124 STAT. 3661(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.124 STAT. 3662“(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.”.124 STAT. 3663