105 
(or should have known) that the indi-
vidual both suffered from such harm 
and was eligible to file a claim under 
this title. 
‘‘(ii) OTHER
ELIGIBILITY
REQUIRE-
MENTS
FOR
FILING
CLAIMS.—An indi-
vidual 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
106 
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 sub-
section (c), is amended by inserting ‘‘, or for dam-
ages arising from or related to debris removal’’ after 
‘‘September 11, 2001’’. 
(2) PENDING ACTIONS.—Clause (ii) of such sec-
tion, as so redesignated, is amended to read as fol-
lows: 
‘‘(ii) PENDING ACTIONS.—In the case 
of an individual who is a party to a civil 
action described in clause (i), such indi-
vidual may not submit a claim under this 
title— 
‘‘(I) during the period described 
in subsection (a)(3)(A) unless such in-
107 
dividual withdraws from such action 
by the date that is 90 days after the 
date on which regulations are promul-
gated under section 407(a); and 
‘‘(II) during the period described 
in subsection (a)(3)(B) unless such in-
dividual withdraws from such action 
by the date that is 90 days after the 
date on which the regulations are up-
dated under section 407(b).’’. 
(3) SETTLED
ACTIONS; AUTHORITY
TO
RE-
INSTITUTE CERTAIN LAWSUITS.—Such section, as so 
redesignated, is further amended by adding at the 
end the following new clauses: 
‘‘(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 Decem-
ber 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 en-
acted.
108 
‘‘(iv) AUTHORITY
TO
REINSTITUTE 
CERTAIN
LAWSUITS.—In the case of a 
claimant who was a party to a civil action 
described in clause (i), who withdrew from 
such action pursuant to clause (ii), and 
who is subsequently determined to not be 
an eligible individual for purposes of this 
subsection, such claimant may reinstitute 
such action without prejudice during the 
90-day period beginning after the date of 
such ineligibility determination.’’. 
SEC. 203. REQUIREMENT TO UPDATE REGULATIONS. 
Section 407 of the Air Transportation Safety and 
System Stabilization Act (49 U.S.C. 40101 note) is 
amended— 
(1) by striking ‘‘Not later than’’ and inserting 
‘‘(a) IN GENERAL.—Not later than’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) UPDATED REGULATIONS.—Not later than 90 
days after the date of the enactment of the James Zadroga 
9/11 Health and Compensation Act of 2010, the Special 
Master shall update the regulations promulgated under 
subsection (a) to the extent necessary to comply with the 
provisions of title II of such Act.’’.
109 
SEC. 204. LIMITED LIABILITY FOR CERTAIN CLAIMS. 
Section 408(a) 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 para-
graphs: 
‘‘(4) LIABILITY
FOR
CERTAIN
CLAIMS.—Not-
withstanding any other provision of law, liability for 
all claims and actions (including claims or actions 
that have been previously resolved, that are cur-
rently pending, and that may be filed through De-
cember 22, 2031) for compensatory damages, con-
tribution or indemnity, or any other form or type of 
relief, arising from or related to debris removal, 
against the City of New York, any entity (including 
the Port Authority of New York and New Jersey) 
with a property interest in the World Trade Center 
on September 11, 2001 (whether fee simple, lease-
hold or easement, or direct or indirect) and any con-
tractors and subcontractors, shall not be in an 
amount that exceeds the sum of the following, as 
may be applicable: 
‘‘(A) The amount of funds of the WTC 
Captive Insurance Company, including the cu-
mulative interest.
110 
‘‘(B) The amount of all available insurance 
identified in schedule 2 of the WTC Captive In-
surance Company insurance policy. 
‘‘(C) As it relates to the limitation of li-
ability of the City of New York, the amount 
that is the greater of the City of New York’s 
insurance coverage or $350,000,000. In deter-
mining the amount of the City’s insurance cov-
erage for purposes of the previous sentence, any 
amount described in clauses (i) and (ii) shall 
not be included. 
‘‘(D) As it relates to the limitation of li-
ability of any entity, including the Port Author-
ity of New York and New Jersey, with a prop-
erty interest in the World Trade Center on Sep-
tember 11, 2001 (whether fee simple, leasehold 
or easement, or direct or indirect), the amount 
of all available liability insurance coverage 
maintained by any such entity. 
‘‘(E) As it relates to the limitation of li-
ability of any individual contractor or subcon-
tractor, the amount of all available liability in-
surance coverage maintained by such contractor 
or subcontractor on September 11, 2001.
111 
‘‘(5) PRIORITY
OF
CLAIMS
PAYMENTS.—Pay-
ments to plaintiffs who obtain a settlement or judg-
ment with respect to a claim or action to which 
paragraph (4)(A) applies, shall be paid solely from 
the following funds in the following order, as may be 
applicable: 
‘‘(A) The funds described in clause (i) or 
(ii) of paragraph (4)(A). 
‘‘(B) If there are no funds available as de-
scribed in clause (i) or (ii) of paragraph (4)(A), 
the funds described in clause (iii) of such para-
graph. 
‘‘(C) If there are no funds available as de-
scribed in clause (i), (ii), or (iii) of paragraph 
(4)(A), the funds described in clause (iv) of 
such paragraph. 
‘‘(D) If there are no funds available as de-
scribed in clause (i), (ii), (iii), or (iv) of para-
graph (4)(A), the funds described in clause (v) 
of such paragraph. 
‘‘(6) DECLARATORY JUDGMENT ACTIONS AND 
DIRECT ACTION.—Any party to a claim or action to 
which paragraph (4)(A) applies may, with respect to 
such claim or action, either file an action for a de-
claratory judgment for insurance coverage or bring
112 
a direct action against the insurance company in-
volved.’’. 
SEC. 205. FUNDING; ATTORNEY FEES. 
Section 406 of the Air Transportation Safety and 
System Stabilization Act (49 U.S.C. 40101 note) is 
amended— 
(1) in subsection (a), by striking ‘‘Not later 
than’’ and inserting ‘‘Subject to the limitations 
under subsection (d), not later than’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘in the amounts provided 
under subsection (d)(1)’’ after ‘‘appropriations 
Acts’’; and 
(B) by inserting ‘‘subject to the limitations 
under subsection (d)’’ before the period; and 
(3) by adding at the end the following new sub-
sections: 
‘‘(d) LIMITATION.— 
‘‘(1) IN GENERAL.—The total amount of Fed-
eral funds paid for compensation under this title, 
with respect to claims filed on or after the date on 
which the regulations are updated under section 
407(b), shall not exceed $8,400,000,000. Of such 
amounts, $4,200,000,000 shall be available to pay 
such claims during the 10-year period beginning on
113 
such date and $4,200,000,000 shall be available to 
pay such claims after such period. 
‘‘(2) PRO-RATION AND PAYMENT OF REMAINING 
CLAIMS.— 
‘‘(A) IN GENERAL.—With respect to the 
one-year period beginning on the date on which 
the first payment is made under this title for 
claims filed pursuant to the regulations updated 
under section 407(b), the Special Master shall 
examine the total number of such claims paid 
during such period and the amounts of the pay-
ments made for such claims to project the total 
number and amount of claims expected to be 
paid under this title during the 10-year period 
described in paragraph (1). If, based on such 
projection, the Special Master determines that 
there will be insufficient funds available under 
paragraph (1) to pay such claims during such 
10-year period, beginning on the first day fol-
lowing such one-year period, the Special Master 
shall ratably reduce the amount of compensa-
tion due claimants under this title in a manner 
to ensure, to the extent possible, that— 
‘‘(i) all claimants who, before applica-
tion of the limitation under the second sen-
114 
tence of paragraph (1), would have been 
determined to be entitled to a payment 
under this title during such 10-year period, 
receive a payment during such period; and 
‘‘(ii) the total amount of all such pay-
ments made during such 10-year period do 
not exceed the amount available under the 
second sentence of paragraph (1) to pay 
claims during such period. 
‘‘(B) PAYMENT OF REMAINDER OF CLAIM 
AMOUNTS.—In any case in which the amount of 
a claim is ratably reduced pursuant to subpara-
graph (A), on or after the first day after the 
10-year period described in paragraph (1), the 
Special Master shall pay to the claimant the 
amount that is equal to the difference be-
tween— 
‘‘(i) the amount that the claimant 
would have been paid under this title dur-
ing such period without regard to the limi-
tation under the second sentence of para-
graph (1) applicable to such period; and 
‘‘(ii) the amount the claimant was 
paid under this title during such period. 
‘‘(e) ATTORNEY FEES.—
115 
‘‘(1) IN GENERAL.—Notwithstanding any con-
tract, and except as provided in paragraphs (2) and 
(3), the representative of an individual may not 
charge, for services rendered in connection with the 
claim of an individual under this title, more than 10 
percent of an award made under this title on such 
claim. 
‘‘(2) LIMITATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), in the case of an individual 
who was charged a legal fee in connection with 
the settlement of a civil action described in sec-
tion 405(c)(3)(C)(iii),
the representative of 
the individual may not charge any amount for 
compensation for services rendered in connec-
tion with a claim filed under this title. 
‘‘(B) EXCEPTION.—If the legal fee charged 
in connection with the settlement of a civil ac-
tion described in section 405(c)(3)(C)(iii) of an 
individual is less than 10 percent of the aggre-
gate amount of compensation awarded to such 
individual through such settlement and the 
claim of the individual under this title, the rep-
resentative of such individual may charge an 
amount for compensation for services rendered
116 
in connection with such claim under this title to 
the extent that such amount charged is not 
more than— 
‘‘(i) 10 percent of such aggregate 
amount, minus 
‘‘(ii) the total amount of all legal fees 
charged for services rendered in connection 
with such settlement. 
‘‘(3) EXCEPTION.—With respect to a claim 
made on behalf of an individual for whom a lawsuit 
was filed in the Southern District of New York prior 
to January 1, 2009, in the event that the represent-
ative believes in good faith that the fee limit set by 
paragraph (1) or (2) will not provide adequate com-
pensation for services rendered in connection with 
such claim because of the substantial amount of 
legal work provided on behalf of the claimant (in-
cluding work performed before the enactment of this 
legislation), application for greater compensation 
may be made to the Special Master. Upon such ap-
plication, the Special Master may, in his or her dis-
cretion, award as reasonable compensation for serv-
ices rendered an amount greater than that allowed 
for in paragraph (1). Such fee award will be final, 
binding, and non-appealable.’’.
118 
ment made, directly or indirectly, by any person to 
any other person if the payment is allowable as a de-
duction under this chapter and both persons are 
members of the same foreign controlled group of en-
tities. 
‘‘(3) FOREIGN CONTROLLED GROUP OF ENTI-
TIES.—For purposes of this subsection— 
‘‘(A) IN
GENERAL.—The term ‘foreign 
controlled group of entities’ means a controlled 
group of entities the common parent of which 
is a foreign corporation. 
‘‘(B) CONTROLLED GROUP OF ENTITIES.— 
The term ‘controlled group of entities’ means a 
controlled group of corporations as defined in 
section 1563(a)(1), except that— 
‘‘(i) ‘more than 50 percent’ shall be 
substituted for ‘at least 80 percent’ each 
place it appears therein, and 
‘‘(ii) the determination shall be made 
without regard to subsections (a)(4) and 
(b)(2) of section 1563. 
A partnership or any other entity (other than a 
corporation) shall be treated as a member of a 
controlled group of entities if such entity is con-
trolled 
(within 
the 
meaning 
of 
section
119 
954(d)(3)) by members of such group (includ-
ing any entity treated as a member of such 
group by reason of this sentence). 
‘‘(4) FOREIGN
PARENT
CORPORATION.—For 
purposes of this subsection, the term ‘foreign parent 
corporation’ means, with respect to any deductible 
related-party payment, the common parent of the 
foreign controlled group of entities referred to in 
paragraph (3)(A). 
‘‘(5) REGULATIONS.—The Secretary may pre-
scribe such regulations or other guidance as are nec-
essary or appropriate to carry out the purposes of 
this subsection, including regulations or other guid-
ance which provide for— 
‘‘(A) the treatment of two or more persons 
as members of a foreign controlled group of en-
tities if such persons would be the common par-
ent of such group if treated as one corporation, 
and 
‘‘(B) the treatment of any member of a 
foreign controlled group of entities as the com-
mon parent of such group if such treatment is 
appropriate taking into account the economic 
relationships among such entities.’’.
120 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to payments made after the date 
of the enactment of this Act. 
SEC. 302. TIME FOR PAYMENT OF CORPORATE ESTIMATED 
TAXES. 
The percentage under paragraph (2) of section 561 
of the Hiring Incentives to Restore Employment Act in 
effect on the date of the enactment of this Act is increased 
by 3 percentage points. 
TITLE IV—BUDGETARY EFFECTS 
SEC. 401. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO 
ACT OF 2010. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives September 29, 
2010. 
Attest: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. R. 847 
AN ACT 
To amend the Public Health Service Act to extend 
and improve protections and services to individ-
uals directly impacted by the terrorist attack in 
New York City on September 11, 2001, and for 
other purposes.