103 
SEC. 202. EXTENDED AND EXPANDED ELIGIBILITY FOR 
COMPENSATION. 
(a) INFORMATION ON LOSSES RESULTING FROM DE-
BRIS 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 re-
moval during the immediate aftermath’’ after ‘‘Sep-
tember 11, 2001’’; 
(2) in clause (ii), by inserting ‘‘or debris re-
moval during the immediate aftermath’’ after 
‘‘crashes’’; and 
(3) in clause (iii), by inserting ‘‘or debris re-
moval 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 promul-
gated under section 407(a). 
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104 
‘‘(B) EXCEPTION.—A claim may be filed 
under paragraph (1), in accordance with sub-
section (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 December 
22, 2031.’’. 
(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 FIL-
ING CLAIMS.—An individual (or a personal 
representative on behalf of a deceased indi-
vidual) may file a claim during the period 
described in subsection (a)(3)(B) as fol-
lows: 
‘‘(I) In the case that the Special 
Master 
determines 
the 
individual 
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105 
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 air-
craft 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 indi-
vidual 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 suf-
fered 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 
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106 
last day of the 2-year period begin-
ning on the date the Special Master 
determines the individual first knew 
(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 
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107 
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 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-
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108 
vidual may not submit a claim under this 
title— 
‘‘(I) during the period described 
in subsection (a)(3)(A) unless such in-
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) AUTHORITY
TO
REINSTITUTE
CERTAIN 
LAWSUITS.—Such section, as so redesignated, is fur-
ther amended by adding at the end the following 
new clause: 
‘‘(iii) 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 
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109 
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 2008, 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.’’. 
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.— 
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110 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, subject to subparagraph 
(B), liability for all claims and actions (includ-
ing claims or actions that have been previously 
resolved, that are currently pending, and that 
may be filed through December 22, 2031) for 
compensatory damages, contribution or indem-
nity, 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, leasehold or easement, or direct or indi-
rect) and any contractors and subcontractors 
thereof, shall not be in an amount that exceeds 
the sum of the following: 
‘‘(i) The amount of funds of the WTC 
Captive Insurance Company, including the 
cumulative interest. 
‘‘(ii) The amount of all available in-
surance identified in schedule 2 of the 
WTC Captive Insurance Company insur-
ance policy. 
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111 
‘‘(iii) The amount that is the greater 
of the City of New York’s insurance cov-
erage or $350,000,000. In determining the 
amount of the City’s insurance coverage 
for purposes of the previous sentence, any 
amount described in clauses (i) and (ii) 
shall not be included. 
‘‘(iv) The amount of all available li-
ability insurance coverage maintained by 
any entity, including the Port Authority of 
New York and New Jersey, with a prop-
erty interest in the World Trade Center, 
on September 11, 2001, whether fee sim-
ple, leasehold or easement, or direct or in-
direct. 
‘‘(v) The amount of all available liabil-
ity insurance coverage maintained by con-
tractors and subcontractors. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply to claims or actions based upon 
conduct held to be intentionally tortious in na-
ture or to acts of gross negligence or other such 
acts to the extent to which punitive damages 
are awarded as a result of such conduct or acts. 
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112 
‘‘(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: 
‘‘(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 
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113 
a direct action against the insurance company in-
volved.’’. 
Æ 
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