HR-10361-119
Referred to the House Committee on Transportation and Infrastructure.
Sponsored by Andrew Garbarino (R-NY)
What it does
The bill would require the FEMA Administrator to reimburse each eligible public employee retirement system for costs tied to accidental disability retirements and accidental deaths resulting from the rescue, recovery, or cleanup operations after the September 11, 2001 attacks on the World Trade Center. A system is eligible if it has a member who took part in those operations. Reimbursed funds could be used only by a public retirement system, and the bill would authorize $5,913,400,000 for fiscal year 2027.
Who benefits
Public employee retirement systems, such as those covering New York City and New York State workers, that have paid accidental disability and death benefits to 9/11 responders. Taxpayers and governments in those jurisdictions, who might see pension costs shift to the federal level. Responders and their families, who might gain more secure pension funding, though the bill does not change their individual benefits.
Who is hurt
Federal taxpayers, who would bear an authorized cost of about $5.9 billion in one fiscal year, with no stated offset. Other federal programs, including FEMA's disaster work, might face competition for funds if the money comes from existing appropriations. Governments with other disaster-related pension costs might argue they are treated unequally. The bill does not define how eligible costs are calculated or verified, which could create administrative burdens for FEMA.
Supporters argue
Supporters argue the federal government directed and relied on the rescue and cleanup effort after an attack on the nation, so the long-term pension costs of injured and deceased responders should not fall only on local pension systems. They contend that reimbursement fits the existing federal role in disaster cost-sharing, and that restricting the money to retirement systems keeps it tied to the responders' benefits.
Opponents argue
Opponents argue the bill would commit about $5.9 billion in federal funds to reimburse state and local pension systems that are responsible for their own employee benefits, and could set a precedent for other disaster-related claims. They contend the text does not say how costs would be calculated or audited, does not include an offset, and leaves open whether existing federal programs for 9/11 responders already address these costs.
Constitutional context
Congress's spending power (Art. I, §8, cl. 1) and the Appropriations Clause (Art. I, §9, cl. 7) authorize federal reimbursement of state and local pension systems. South Dakota v. Dole (1987) upheld conditional federal spending for the general welfare, and no clear constitutional barrier appears here.
Checks and balances
Congress would authorize the funds and the executive branch (FEMA) would carry out reimbursements, with actual spending still depending on later appropriations and oversight by Congress and federal auditors.
Historical precedent
Congress previously created the September 11th Victim Compensation Fund and the James Zadroga 9/11 Health and Compensation Act of 2010 to cover costs related to the attacks, though those aid individuals rather than pension systems.