The Senate and House have passed a bill that provides $4.2 billion to treat workers' injuries and illnesses resulting from exposure to toxic dust and debris at Ground Zero following the 9/11 terrorist attacks.
H.R. 847, known as the James Zadroga 9/11 Health and Compensation Act, awaits President Barack Obama's signature. Once signed, it will provide medical monitoring and treatment to those exposed to toxins, as well as research on 9/11 triggered health conditions. It will also re-open the 9-11 Victim Compensation Fund for economic losses and harm and cover medical monitoring for residents who lived, worked or were within 1.5 miles of the World Trade Center that day.
The bill is a scaled-back version of the original legislation, with the following changes agreed upon by Democrats and Republicans:
- Reduction in Costs. This agreement scales costs back from $6.2 billion from the substitute amendment and $7.5 billion from the House-passed bill. In the deal, costs are reduced to $4.2 billion in the 10-year window and eliminated outside the 10-year window. Of that amount, $1.5 billion will go to health benefits, while $2.7 billion will go to compensation.
- Close the Victims Compensation Fund after Five Years. The original bill kept the fund open through 2031; now the fund is only open only through 2016.
- Limitations on Attorneys Fees. The bill places a hard cap on attorneys' fees at 10 percent of the total award and allows the Special Master to reduce fees he/she believes are excessive.
- Prevents Reinstatement of Civil Claims. The bill prevents claimants who are rejected from the VCF from then pursuing a civil lawsuit. This is consistent with earlier VCF policy.
- Limits on Infrastructure Costs. The bill now excludes construction and capital projects from healthcare spending in the bill.
- Commitment to ensure eligible individuals cannot "double-dip" on benefits. The Special Master will include workers compensation benefits in collateral sources of benefits that he/she must offset from potential compensation awards.
- More Accountability. The bill requires claims-level data reporting to provide accountability and opportunity for oversight, as well as GAO reports to determine less expensive mechanisms to provide nationwide care, pharmaceutical access and health information technology promotion.
"I'm pleased the sponsors of this bill agreed to lower costs dramatically, offset the bill, sunset key provisions and take steps to prevent fraud," said Senator Tom Coburn, MD, (R-Okla.) in a statement. "Every American recognizes the heroism of the 9/11 first responders, but it is not compassionate to help one group while robbing future generations of opportunity. I'm pleased this agreement strikes a fair balance and improves the bill the majority attempted to rush through at the last minute."
"The fight for this legislation is now over, but the battle for these thousands of first responders is still ongoing," added Congressman Eliot Engel (D-N.Y.), an original co-sponsor of the bill. "Their health issues continue, but at least they can now say that their Congress is with them. I am proud to have been able to give them this gift this holiday season, and my only wish is that it could have been done years ago in order to have saved even more lives."