Hearing Of The House Judiciary Committee - Full Committee Markup
Statement
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Mr. Nadler. Mr. Chairman, I want to first give my thanks to you and to Zoe Lofgren, the Chair of the Judiciary Committee, Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, for making today's markup of H.R. 847, the James Zadroga 9/11 Health and Compensation Act of 2009, a reality. Mr. Chairman, without your commitment and the commitment of Chairwoman Lofgren, as well as the tireless dedication of your staffers -- and especially of her counsel, David Shahoulian -- to providing relief to the women and men still suffering from the terror attacks of September 11th, we could not be here today.
I also want to recognize the fact that we are graced with the presence in the audience today of a number of first responders -- police, firefighters, and other members of the community -- who will be directly impacted by this bill today. And recognize their presence and thank them for their efforts 8 years ago. Mr. Chairman, Representative Maloney and I, along with Representatives Pete King and Mike McMahon have introduced this bill to ensure that the living victims of the September 11th terrorist attacks have a right to health care for their World Trade Center-related illnesses and a route to compensation for their economic losses. In today's markup, this committee will focus on the sections of the bill that would reopen the Federal Victim Compensation Fund. The health care section of the bill is under the jurisdiction of the Energy and Commerce Committee, but we will consider today the reopening of the Victim Compensation Fund, a fund established by Congress in the immediate aftermath of the 9/11 attack to provide compensation to those who suffered an injury, lost their livelihood, or lost a loved one on that terrible day. By all accounts, the original VCF was an overwhelming success. In the course of the its 33-month existence, it served as an alternative to litigation, which can be a costly and time-consuming endeavor for families and individuals who suffered losses because of 9/11.
Despite its widely acclaimed success, the VCF closed in December 2003, leaving thousands of our heroic first responders, area workers, residents, students, or others whose 9/11-related illness did not manifest itself until after the VCF closed with no alternative but to pursue litigation to recover losses. Almost 100 percent of the families who lost loved ones during the attack filed with the fund by the December 22, 2003, application deadline; however, many of those who suffered personal injury did not file mainly because they were unaware of the fund or because their illnesses were in a latent stage and they were unaware of them. There are potentially thousands of individuals who are just now developing debilitating and even perhaps fatal diseases, but are not eligible to receive assistance because they developed their symptoms after the VCF deadline had passed. Such individuals have been failed by the existing system of Workers Compensation, which has proven inadequate in dealing with the number and scope of claims arising out of the aftermath of 9/11.
The World Trade Center insurance fund has also proven inadequate. It was established with a $1 billion appropriation, but has spent hundreds of millions of dollars in administrative and legal costs to contest rather than to pay claims filed by first responders and other individuals whom Congress intended to assist. Only a handful of claims have been paid. Reopening the VCF would ensure fair compensation for those in need. Eight long years after the attacks on 9/11, we have now seen firsthand what we knew would happen: Those exposed to the toxic air at Ground Zero are still getting sick.
The portion of H.R. 847 we will mark up today seeks to reopen the VCF to again provide a fair and expedited avenue for compensation for those people suffering today because of the events of 9/11. It is important to note that, through a series of good-faith discussions with our colleagues from the minority, we were able to address and work out a number of issues and concerns raised by our friends on the side of the aisle so that we could make progress for the benefit of the heroes of 9/11. I am grateful for their work on this important issue. As this committee does it work today to mark up the compensation side of H.R. 847, I hope the Energy and Commerce Committee will continue its progress on the medical parts of the bill and bring this important piece of legislation in front of their committee for markup so we can finally establish a long-term, coordinated health program for our heroic first responders, area workers, residents, students, and others affected by the September 11th terror attack. I see that we have also been joined by the sponsor of the legislation, my colleague from New York, Carolyn Maloney. Mr. Chairman, Chairwoman Lofgren, again, thank you. I look forward to voting this bill out of committee today. I yield back the balance of my time.
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