Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act

Floor Speech

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Mr. NADLER. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 1327) to extend authorization for the September 11th Victim Compensation Fund of 2001 through fiscal year 2090, and for other purposes, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H. R. 1327

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act''. SEC. 2. SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001.

(a) Authorization and Funding.--Section 410 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended--

(1) in subsection (c), by striking ``$4,600,000,000'' and all that follows through ``expended'' and inserting ``such sums as may be necessary for fiscal year 2019 and each fiscal year thereafter through fiscal year 2092, to remain available until expended''; and

(2) in subsection (e), by striking ``Upon completion of all payments under this title'' and inserting ``On October 1, 2092, or at such time thereafter as all funds are expended''.

(b) Extension of Limitation on Claim Filing.--Section 405(a)(3)(B) of the Air Transportation Safety and System Stabilization Act (40 U.S.C. 401010 note) is amended by striking ``the date that is 5 years after the date of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act'' and inserting ``October 1, 2090''.

(c) Compensation Reduced by Special Master Due to Lack of Funding.--Section 406(d)(2) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended by adding at the end the following:

``(D) Compensation reduced by special master due to insufficient funding.--

``(i) In general.--In any claim in Group B as described in section 405(a)(3)(C)(iii) in which, prior to the enactment of the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act, the Special Master had advised the claimant that the amount of compensation has been reduced on the basis of insufficient funding, the Special Master shall, in the first fiscal year beginning after sufficient funding becomes available under such Act, pay to the claimant an amount that is, as determined by the Special Master, equal to the difference between--

``(I) the amount the claimant would have been paid under this title if sufficient funding was available to the Special Master at the time the Special Master determined the amount due the claimant under this title; and

``(II) the amount the claimant was paid under this title.

``(ii) Definitions.--For purposes of this subparagraph:

``(I) Insufficient funding.--The term `insufficient funding' means funding--

``(aa) that is available to the Special Master under section 410(c) on the day before the date of enactment of the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act for purposes of compensating claims in Group B as described in section 405(a)(3)(C)(iii); and

``(bb) that the Special Master determines is insufficient for purposes of compensating all such claims and complying with subparagraph (A).

``(II) Sufficient funding.--The term `sufficient funding' means funding--

``(aa) made available to the Special Master for purposes of compensating claims in Group B as described in section 405(a)(3)(C)(iii) through an Act of Congress that is enacted after the date on which the amount of the claim described in clause (i) has been reduced; and

``(bb) that the Special Master determines is sufficient for purposes of compensating all claims in such Group B.''.

(d) Limitations on Noneconomic Loss.--Section 405(b)(7)(A) of the of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended--

(1) by redesignating clauses (i) and (ii) as subclauses (I) and (II) respectively, and adjusting the margins accordingly;

(2) by striking ``With respect to'' and inserting the following:

``(i) In general.--Except as provided in clause (ii), with respect to''; and

(3) by adding at the end the following:

``(ii) Exception.--The Special Master may exceed the applicable limitation in clause (i) for a claim in Group B as described in subsection (a)(3)(C)(iii) if the Special Master determines that the claim presents special circumstances.''.

(e) Adjustment of Annual Gross Income Limitation.--Section 405(b)(7)(B)(ii) of the Air Transportation Safety and System Stabilization Act (40 U.S.C. 40101 note) is amended by striking ``$200,000.'' and inserting ``the annual gross income limitation. The annual gross income limitation in effect on the date of enactment of the Never Forget the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act is $200,000. The Special Master shall periodically adjust that annual gross income limitation to account for inflation.''. SEC. 3. APPOINTMENT OF SPECIAL MASTER AND DEPUTY SPECIAL MASTERS.

Section 404 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended--

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following:

``(b) Appointment of Special Master and Deputy Special Masters.--The Attorney General may appoint a Special Master and no more than two Deputy Special Masters without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. Any such employee shall serve at the pleasure of the Attorney General. The Attorney General shall fix the annual salary of the Special Master and the Deputy Special Masters.''. SEC. 4. BUDGETARY EFFECTS.

(a) Statutory PAYGO Scorecards.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As- You-Go Act of 2010.

(b) Senate PAYGO Scorecards.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of House Concurrent Resolution 71 (115th Congress).
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Mr. NADLER. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, today, this body will, for what I hope is the final time, meet its moral obligation to provide for survivors and responders suffering from 9/11-related illnesses.

This obligation is two-fold.

First, on September 11, 2001, it was not just the city of New York and the Pentagon that were attacked, it was the entire country. A national attack has always required a national response. That is why responders from around the country rushed to New York to aid in the rescue and recovery effort in the immediate aftermath. Today, sick responders and survivors live in all 50 States. This is a national problem, and Congress must provide a national solution.

Second, tens of thousands of responders and survivors are sick because the Federal Government, in its rush to get Wall Street reopened, ignored the evidence and the expert opinions of scientists. The then-head of the Environmental Protection Agency repeatedly assured us that the air around the World Trade Center was ``safe to breath.'' We knew it wasn't, but the Federal Government kept insisting it was.

And, compounding the Federal Government's culpability was its failure to conduct a comprehensive cleanup of the environmental disaster created when the World Trade Center towers collapsed. For example, the EPA administrator told the public that asbestos could be cleaned from apartments with a damp cloth and a wet mop.

Based on these false assurances, students were sent back to schools that had been contaminated with the toxic dust cloud without ventilation systems being cleaned first. People kept working to clear the pile for months with no protective equipment. Quite simply, the Federal Government lied, and now tens of thousands of people are sick with 9/11-related illnesses. It now falls to us--in the words of Abraham Lincoln--``to care for him who shall have borne the battle and for his widow and for his orphan.''

Three times, Congress has come together to provide a health program and compensation for the victims of 9/11 through a victim compensation fund, or VCF. Most recently, in 2015, we made the World Trade Center Health Program effectively permanent, extended to 2090, but reauthorized the VCF, the victim compensation fund, for only 5 years.

As we heard in a Judiciary Committee hearing last month, a 5-year authorization was not nearly long enough. People are still getting sick as diseases, such as cancer, often emerge only after long latency periods. In fact, the Congressional Budget Office estimates that, in the coming years, cancer claims will represent 63 percent of all claims before the VCF, up from 44 percent today.

Further, as the number of sick responders and survivors continues to rise, the limited resources Congress provided to the VCF have proven inadequate and now thousands of families are facing up to 70 percent cuts in compensation.

I refuse to accept that. Every sick responder and survivor should be treated with the same dignity and compassion, regardless of when they became sick, and no one should be forced to spend their last days walking the Halls of Congress begging us to reauthorize this program.

That is why we are here today, to pass what I hope will be the last authorization we ever need for the VCF.

This bipartisan legislation, with over 330 cosponsors, will reverse all of the cuts in compensation and make those families whole. It will extend the authorization for the VCF through 2092, substantially the same timeline as the World Trade Center Health Program, and make technical improvements to the program.

We have asked so much of our responders and survivors. It is time for us to give them the peace of mind they deserve and pass this bill once and for all.

Finally, I want to take a moment to recognize the three men after whom we named this bill.

James Zadroga, Ray Pfeifer, and Luis Alvarez passed away after battling 9/11-related illnesses. A month ago, Detective Alvarez testified before the Judiciary Committee, just 24 hours before what was supposed to be his 69th chemotherapy treatment, a treatment he, ultimately, was too sick to receive. Two weeks ago, he passed away.

Like every responder and survivor of 9/11, these three men kept fighting for this program, even when they knew it was too late for them. That is the spirit of 9/11. This bill is now their namesake, and we vote today in their name.

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Mr. NADLER. Madam Speaker, I yield 3 minutes to the gentlewoman from New York (Mrs. Carolyn B. Maloney), one of the chief sponsors of the bill.

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Mr. NADLER. Madam Speaker, it gives me great pleasure to yield 1 minute to the gentlewoman from California (Ms. Pelosi), the Speaker of the House, someone who has done more for this than anyone else. Without the gentlewoman's strong support, this bill never would have passed back in 2010.

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Mr. NADLER. Madam Speaker, I yield 1 minute to the gentleman from New York (Mr. Engel), who is the distinguished chairman of the Foreign Affairs Committee.

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Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentleman from New York (Mr. Jeffries), who is the chairman of the Democratic Caucus.
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Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentleman from California (Mr. Swalwell).

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Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentlewoman from Florida (Mrs. Demings).

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Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentlewoman from Pennsylvania (Ms. Dean).

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Mr. NADLER. Madam Speaker, I yield 1 minute to the gentleman from New Jersey (Mr. Pascrell).

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Mr. NADLER. Madam Speaker, I yield the gentleman from New Jersey an additional 30 seconds.

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Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentlewoman from Texas (Ms. Jackson Lee).

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Mr. NADLER. Madam Speaker, I yield an additional 30 seconds to the gentlewoman.

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Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentleman from New Jersey (Mr. Gottheimer).

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Mr. NADLER. Madam Speaker, I have one more speaker, and then I am prepared to close.

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Mr. NADLER. Madam Speaker, I yield 1 minute to the distinguished gentleman from New York (Mr. Suozzi).

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Mr. NADLER. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, 9 years ago, I stood here and called up for consideration the original 9/11 bill, the James Zadroga Act.

I want to thank Speaker Pelosi, Majority Leader Hoyer, and Majority Whip Clyburn for their roles in passing that bill, and now for moving us as quickly as possible to get this bill done.

I also want to thank my colleagues from New York, the gentlewoman from New York (Mrs. Carolyn B. Maloney) and the gentleman from New York (Mr. King), for standing with me in this fight for so long, and to thank all the advocates, many of whom are here today, who have given so much and have worked so hard to pass this bill.

Finally, I want to thank Lisette Morton, my longtime legislative director and director of policy planning and member services for the Committee on the Judiciary, who is leaving my team at the end of this month after nearly 20 years.

Lisette worked for me on September 11, 2001, and she was tireless in her efforts to get a proper detoxification and cleanup after the attack in New York and to hold the EPA accountable for its failures. Without her fierce advocacy and dedication, there would be more victims today, and we would not be here considering this bill today. She will be greatly missed by this institution, by my staff, and by me.

Now, Madam Speaker, I urge all my colleagues to support this bill.

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Mr. NADLER. I yield to the gentleman from Georgia.

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Mr. NADLER. She will be greatly missed.

Madam Speaker, I now urge all my colleagues to support this bill, and I yield back the balance of my time.

Mr. SMITH of New Jersey. Madam Speaker, I am very proud to be a Never Forgot the Heroes: James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization cosponsor, along with another very strong group of bipartisan Members who will not let this opportunity to enact this legislation pass. Tragically, Mr. Alvarez just passed away last month of after providing heroic testifying in support of this bill.

Everyone remembers where they were and what they were doing. I was actually chairing a Veterans' Affairs Committee hearing when a group of cowards hijacked four airliners in order to perpetrate the worst act of terrorism in American history.

Nearly 3,000 innocent people lost their lives that day, including 700 from my State. Who can forget the courageous first responders running up the stairs of the burning buildings with total disregard for their own safety, saving others at the expense of their own lives.

No one remembers the shock, horror, and numbing sorrow of this day, however, more than the families and the close friends of the victims. I have worked with and befriended many family members of 9/11 victims, and I can state unequivocally that there would not have been a 9/11 Commission and other historic policy initiatives without their extraordinary tenacity, commitment, and courage. That includes what was known as the four Jersey girls, widows who simply would not take ``no'' for an answer. They were a driving force behind the establishment of that very important historic commission.

I got to know a lot of the others. I actually hired a school principal who lost her husband, Alan, in 9/11, and I am reminded every time I am in the district office, and other days as well, what she has lost and how painful and how sorrowful that was on that day.

For more than 17 years, the families and the friends of those who died have had to endure their loss and a broken heart. Now we know the carnage, the consequences, the ongoing loss of life, and the health crisis attributable to 9/11 are even worse than anyone could have imagined. New cases of 9/11-caused conditions are being diagnosed by the doctors at the World Trade Center Health Program every day, with close to 12,000 cases of 9/11-caused cancers diagnosed so far, including 700 cases of breast cancer, 2,500 of prostate cancer, 600 of thyroid cancer, 500 of lung cancer, and 500 of kidney cancer.

There have also been other kinds of catastrophic consequences, with people who are suffering from PTSD, some 9,500 so far and counting.

Congress enacted the World Trade Health Center Program Fund and September 11th Victim Compensation Fund to provide health services for responders at the three crash sites, and others in the vicinity of the World Trade Center site for health conditions related to toxic exposures from the attacks.

There are over 6,800 New Jerseyans receiving healthcare services from the World Trade Center Health Program, 1,200 of whom are from my district, constituents of mine.

In February of this year--and this was shocking, frankly--the September 11th Victim Compensation Fund special master announced that, due to a lack of funding, the Justice Department will have to cut awards on pending cases by 50 percent and any new claims that are filed by 70 percent.

These cuts will devastate the first responders, our firemen, police, and emergency personnel. They will also represent a gross injustice for survivors and their families who spent countless hours and days in search of their loved ones.

I remember going to the site a couple of days after. I went with Tony Principi, who was then the Secretary of the Department of Veterans Affairs. Unfortunately, there was a sense, a falsely conveyed sense, that maybe you didn't have to wear the mask, so many of those guys and those ladies on the ground were breathing in a toxic mix of chemicals that now have manifested into very serious disease.

This is an important bill. It is bipartisan, and I thank my colleagues on both sides of the aisle; Congresswoman Maloney for her leadership; and of course, all the others who are cosponsors of this bill. I urge the Senate to move swiftly in passing this bill so that these heroes can secure the health care benefits they deserve.

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Mr. NADLER. Madam Speaker, on that I demand the yeas and nays.

The yeas and nays were ordered.

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