I
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 Representa-
tives 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 fis-
cal 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 pay-
ment 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 In-
ternal 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 ac-
cordance 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 pre-
ceding 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 es-
tablished 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 reg-
ular 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 agree-
ment, 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 ex-
ceed 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 pro-
vided for under clauses (1)–(3); and the State of New
York has taken such measures as may be necessary to en-
sure 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 appro-
priate 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 at-
tacks on the United States, the relevant authority may
consider the displacement of businesses in and around the
World Trade Center area, dislocations for workers em-
ployed in businesses serving clients in and around the
World Trade Center area, the effect of the attacks on trav-
el 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 pay-
able 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: Pro-
vided further, That the amount provided in this paragraph
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Pro-
vided 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 trans-
mitted by the President to the Congress.
PREMIUM ASSISTANCE FOR COBRA CONTINUATION COV-
ERAGE
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 pre-
mium 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 employ-
ment 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 con-
sequence 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 re-
sult of such attacks;
(B) has elected such coverage; and
(C) enrolls in the premium assistance pro-
gram 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 sec-
tion), 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
priate 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 INDI-
VIDUAL
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 In-
ternal Revenue Code of 1986 with respect to in-
dividuals who, on or after September 11, 2001,
and before the end of the 1-year period begin-
ning on the date of the enactment of this Act,
become entitled to elect COBRA continuation
coverage, such notices shall include an addi-
tional notification to the recipient of the avail-
ability of premium assistance for such coverage
under this section.
(B) ALTERNATIVE NOTICE.—In the case of
COBRA continuation coverage to which the no-
tice provision under section 4980B(f)(6) of the
Internal Revenue Code of 1986 does not apply,
the Secretary of the Treasury shall, in coordi-
nation with group health plans, health insur-
ance issuers, administrators, and employers
that provide or administer the COBRA continu-
ation coverage involved, assure provision of
such notice.
(C) FORM.—The requirement of the addi-
tional 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 enroll-
ment under subsection (a)(2)(C) in connection
with the coverage with respect to each qualified
individual;
(B) the name, address, and telephone num-
ber necessary to contact the plan administrator
and any other person maintaining relevant in-
formation in connection with the premium as-
sistance; and
(C) the following statement displayed in a
prominent manner:
‘‘You may be eligible to receive assistance with pay-
ment of 100 percent of your COBRA continuation cov-
erage premiums for a duration of not to exceed 12
months.’’.
(3) NOTICE RELATING TO RETROACTIVE COV-
ERAGE.—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 continu-
ation 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 pre-
scribe 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 pre-
mium assistance under this section.
(f) PROMPT ISSUANCE
OF GUIDANCE.—The Sec-
retary 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 ‘‘adminis-
trator’’ 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 con-
tinuation coverage provided pursuant to title XXII
of the Public Health Service Act, section 4980B of
the Internal Revenue Code of 1986 (other than sub-
section (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 pro-
gram that provides continuation coverage com-
parable to such continuation coverage, or other com-
parable continuation coverage offered to a bene-
ficiary 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 sec-
tion 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 ‘‘multi-
employer 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 pro-
vided 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 eligi-
bility 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 sec-
tion 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 ap-
plicable, the assistance under this section
giving priority based upon the order in
which a qualified individual applies for as-
sistance in a manner consistent with sub-
paragraph (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 expendi-
tures under State plans in a manner con-
sistent with subparagraph (A).
OPTIONAL TEMPORARY MEDICAID COVERAGE FOR CER-
TAIN 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 Sep-
tember 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.—Assist-
ance under this section shall end with respect to an indi-
vidual on the earlier of—
(1) the date the individual is no longer unin-
sured; 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 assist-
ance 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 al-
ternative) 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 individ-
uals with a lower family income;
(3) such medical assistance shall not be pro-
vided for periods before the date the individual be-
comes 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 pre-
ceding paragraph (1) of section 1905(a) of such Act;
and
(5) the Federal financial participation with re-
spect 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 indi-
vidual is not covered under—
(A) a group health plan (as defined in sec-
tion 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 Serv-
ice Act).
(2) STATE.—The term ‘‘State’’ has the mean-
ing 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 imple-
menting this section are issued.
(f) EMERGENCY DESIGNATION.—The amount pro-
vided 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 
EMER-
GENCY RELIEF AND RECOV-
ERY PROVISIONS
CHAPTER 1—LABOR PROGRAMS
DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
Of the amounts provided under this heading in sup-
plemental 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 Partner-
ship, 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 work-
ers compensation programs in accordance with this para-
graph, $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 Compensa-
tion 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 reimburse-
ment 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 re-
sponse emergency services personnel who were injured,
were disabled, or died due to the terrorist attacks: Pro-
vided further, That the amount provided in this paragraph
is designated by the Congress as an emergency require-
ment pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Pro-
vided 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 trans-
mitted 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 hos-
pitals 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 re-
main 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
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 Sep-
tember 11, 2001, terrorist attacks on the United States,
for carrying out activities set forth in section 311(a) of
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980, $10,450,000, to remain
available until expended: Provided, That the amount pro-
vided 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 au-
thorized by section 392 of the Communications Act of
1934 to respond to the September 11, 2001, terrorist at-
tacks 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 fur-
ther, That such amount shall be available only to the ex-
tent that an official budget request, that includes designa-
tion of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emer-
gency 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 Develop-
ment Fund’’, to respond to the September 11, 2001, ter-
rorist attacks on the United States, $900,000,000, to re-
main available until expended: Provided, That such funds
shall be subject to the first through sixth provisos in sec-
tion 434 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agen-
cies 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 indus-
try 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 Pennsyl-
vania: 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 pro-
vided in this paragraph, the Federal Emergency Manage-
ment 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 at-
tack 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 sec-
tion 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 at-
tack 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 Inde-
pendent Claims Manager.
(6) INJURED PERSON.—
(A) IN GENERAL.—The term ‘‘injured per-
son’’ means an individual, corporation, partner-
ship, 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 per-
son’’ does not include—