110 HR 1638 IH: To extend and improve protections and services to
U.S. House of Representatives
2007-03-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.Short title; table of
contents
(a)This Act may be cited
as the James Zadroga 9/11 Health and Compensation Act
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Title I—Extending Protections and Services to Those Exposed to
Toxins From 9/11
Sec. 101. Extending protections and services to those exposed
to toxins from 9/11.
Sec. 102. Research regarding certain health
conditions.
Sec. 103. Programs regarding attack at Pentagon.
Title II—9/11 Health Emergency Coordinating Council
Sec. 201. Establishment.
Sec. 202. Membership.
Sec. 203. Meetings.
Sec. 204. Reports.
Sec. 205. Authorization of appropriations.
Title III—September 11 Victim Compensation Fund of
2001
Sec. 301. Deadline extension for certain claims under September
11 Victim Compensation Fund of
2001.
Sec. 302. Exception to single claim requirement in certain
circumstances.
Sec. 303. Eligibility of claimants suffering from psychological
harm.
Sec. 304. Immediate aftermath defined.
Title IV—Programs of the New York City Department of Health and
Mental Hygiene
Sec. 401. World Trade Center Health Registry.
Sec. 402. Mental health services.
2.Congress finds the following:
(1)Thousands of rescue
workers who responded to the areas devastated by the terrorist attacks of
September 11, local residents, office and area workers, and school children
continue to suffer significant medical problems as a result of compromised air
quality and the release of other toxins from the attack sites.
(2)In a September 2006 peer-reviewed study
conducted by the World Trade Center Medical Monitoring Program, of 9,500 World
Trade Center responders, almost 70 percent of World Trade Center responders had
a new or worsened respiratory symptom that developed during or after their time
working at the World Trade Center; among the responders who were asymptomatic
before 9/11, 61 percent developed respiratory symptoms while working at the
World Trade Center; close to 60 percent still had a new or worsened respiratory
symptom at the time of their examination; one-third had abnormal pulmonary
function tests; and severe respiratory conditions including pneumonia were
significantly more common in the 6 months after 9/11 than in the prior 6
months.
(3)An April 2006
study documented that, on average, a New York City firefighter who responded to
the World Trade Center has experienced a loss of 12 years of lung
capacity.
(4)A peer-reviewed study of residents who
lived near the World Trade Center titled “The World Trade Center Residents’
Respiratory Health Study: New Onset Respiratory Symptoms and Pulmonary
Function”, found that data demonstrated a three fold increase in new-onset,
persistent lower respiratory symptoms in residents near the former World Trade
Center as compared to a control population.
(5)Previous research
on the health impacts of the devastation caused by the September 11 terrorist
attacks has shown relationships between the air quality from Ground Zero and a
host of health impacts, including lower pregnancy rates, lower birth weights in
babies born 9 months after the disaster, higher rates of respiratory and lung
disorders, and a variety of post-disaster mental health conditions (including
posttraumatic stress disorder) in workers and residents near Ground
Zero.
(6)Federal funding
allocated for the monitoring of rescue workers’ health is not sufficient to
ensure the long-term study of health impacts of September 11.
(7)The Federal
funding allocated for medical monitoring does not provide for the medical
monitoring of New York City area residents, office and area workers,
schoolchildren, or Federal employees who responded to the terrorist attacks of
September 11, 2001.
(8)A
significant portion of those who responded to the September 11 aftermath have
no health insurance, lost their health insurance as a result of the attacks, or
have inadequate health insurance for the medical conditions they developed as a
result of recovery work at the World Trade Center site.
(9)The Federal program to provide medical
treatments to those who responded to the September 11 aftermath, and who
continue to experience health problems as a result, was finally established
more than five years after the attacks, but is not adequately funded and is
projected to exhaust all Federal funding before the end of fiscal year
2007.
(10)Rescue workers
and volunteers seeking workers compensation have reported that their
applications have been denied, delayed for months, or redirected, instead of
receiving assistance in a timely and supportive manner.
(11)A February 2007 report released by the City
of New York revealed that 410,000 people were heavily exposed
,
to the toxins of Ground Zero. The report also found that an estimated 30,000
responders are sick yet 21,000 of them do not have adequate health insurance.
(12)The September 11
Victim Compensation Fund of 2001 was established to provide compensation to
individuals who were physically injured or killed as a result of the
terrorist-related aircraft crashes of September 11, 2001.
(13)The deadline for
filing claims for compensation under the Victim Compensation Fund was December
22, 2003.
(14)Some individuals
did not know they were eligible to file claims for compensation for injuries or
did not know they had suffered physical harm as a result of the
terrorist-related aircraft crashes until after the December 22, 2003,
deadline.
(15)Further research
is needed to evaluate more comprehensively the extent of the health impacts of
September 11, including research for emerging health problems such as cancer,
which have been predicted.
(16)Research is
needed regarding possible treatment for the illnesses and injuries of September
11.
(17)The Federal
response to medical and financial issues arising from the September 11 response
efforts needs a comprehensive, coordinated long-term response in order to meet
the needs of all the individuals who were exposed to the toxins of Ground Zero
and are suffering health problems from the disaster.
<enum>I</enum><header>Extending
Protections and Services to Those Exposed to Toxins From 9/11</header>
<section id="H1BED32ACE87A48B0B6EAE8C16CA0CAF0"><enum>101.</enum><header>Extending
protections and services to those exposed to toxins from 9/11</header><text display-inline="no-display-inline">Part B of title III of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> (42 U.S.C.
243 et seq.) is amended by inserting after section 317S the following
section:</text>
<quoted-block act-name="Public Health Service Act" id="HAAFE2AADAA4A47BEBA43005ECA71D318" style="OLC">
<section id="HDF0AFBB244374FDC89C62C6E7300B396"><enum>317T.</enum><header>Extending
protections and services to those exposed to toxins from 9/11</header>
<subsection id="H697B360AC67E4E3285870500E615986"><enum>(a)</enum><header>Program
extension</header><text display-inline="yes-display-inline">For the purpose of
ensuring on-going monitoring, treatment, and data collection for victims of the
September 11 terrorist attacks in New York City, the Secretary, acting through
the National Institute for Occupational Safety and Health of the Centers for
Disease Control and Prevention, shall extend and expand, in accordance with
this section, the arrangements in effect as of January 1, 2007, with the
coordinating consortium body and with the Fire Department of the City of New
York that provide for the following:</text>
<paragraph id="HA121C54F81A34F0387951BDE1FC71829"><enum>(1)</enum><text display-inline="yes-display-inline">Medical monitoring, including screening,
clinical examinations, and long-term health monitoring and analysis, for
individuals who were likely to have been exposed to airborne toxins that were
released as a result of the aftermath of the terrorist attacks that occurred on
September 11, 2001, in New York City. The extent and frequency of such
monitoring shall be in accordance with guidelines developed by the program
steering committee.</text>
</paragraph><paragraph id="H516FFB40F2BB4AA1AF111443FBAF7962"><enum>(2)</enum><text display-inline="yes-display-inline">Provision of treatment and payment, without
any cost-sharing, for all health and mental health care expenses (including
necessary prescription drugs) of individuals with a qualifying health
condition, using a uniform standard of coverage for all eligible
individuals.</text>
</paragraph><paragraph id="H5E13C9B17B6647FC858C8ECA7C731317"><enum>(3)</enum><text>Collection of
health and mental health data on such individuals, using a uniform system of
data collection.</text>
</paragraph></subsection><subsection commented="no" id="H743C7DEC31F24B23898C9786E68485B1"><enum>(b)</enum><header>Covered
individuals</header><text display-inline="yes-display-inline">The program
administered by the coordinating consortium body under subsection (a) shall be
expanded so as to include, among the individuals described in subsection (a)(1)
and under the arrangement with such body, any of the following individuals if
they are not otherwise covered under either of the arrangements described in
such subsection:</text>
<paragraph commented="no" id="HD99FB831E5984530A202646EADAC20F6"><enum>(1)</enum><text display-inline="yes-display-inline">Emergency service personnel and rescue and
recovery personnel who responded in the New York City disaster area to the
terrorist attacks that occurred on September 11, 2001, in New York City, any
time during the period of September 11, 2001, through August 31, 2002.</text>
</paragraph><paragraph commented="no" id="H41BDA6EC50454F7F857F7FACB5BFD417"><enum>(2)</enum><text>Any other worker
or volunteer who responded in such area to such attacks at any time during such
period, including—</text>
<subparagraph commented="no" id="H95A47A138C23487093D4FD1B72C933C6"><enum>(A)</enum><text>a police
officer;</text>
</subparagraph><subparagraph commented="no" id="HE6006CB54EB34F5FAB3872D093BD91B0"><enum>(B)</enum><text>a
firefighter;</text>
</subparagraph><subparagraph commented="no" id="HEB7F28FA0AFE4B2ABB841B031DBFAC00"><enum>(C)</enum><text>an emergency
medical technician;</text>
</subparagraph><subparagraph commented="no" id="H9E6CC30946534BE19449E1B39D790023"><enum>(D)</enum><text>a transit
worker;</text>
</subparagraph><subparagraph commented="no" id="HE545251597B04BAB927FB3EA48E3A422"><enum>(E)</enum><text>any participating
member of an urban search and rescue team;</text>
</subparagraph><subparagraph commented="no" id="H2848F812C24F4DBD8433FF89B24E9CBC"><enum>(F)</enum><text>Federal and State
employees;</text>
</subparagraph><subparagraph commented="no" id="H7B9B449F19F24AB78EAD162CA8D5C430"><enum>(G)</enum><text>a person who
worked to recover human remains; and</text>
</subparagraph><subparagraph commented="no" id="H512FAED186204127ACF263609D974721"><enum>(H)</enum><text>a person who
worked on the criminal investigation.</text>
</subparagraph></paragraph><paragraph commented="no" id="H2A1366D4EB684E53BB9747E2BDD71EA5"><enum>(3)</enum><text display-inline="yes-display-inline">A worker who responded at any time during
such period to such attacks by assisting in the cleanup or restoration of
critical infrastructure in the New York City disaster area.</text>
</paragraph><paragraph commented="no" id="HD9541F73A884458C9E2D1D4C612D114C"><enum>(4)</enum><text display-inline="yes-display-inline">A worker who assisted at any time during
such period in the cleaning of a building situated in the New York City
disaster area.</text>
</paragraph><paragraph commented="no" id="H8A14B4008A77463A9480022D2C466B6B"><enum>(5)</enum><text display-inline="yes-display-inline">A person whose place of residence at any
time during such period was in the New York City disaster area.</text>
</paragraph><paragraph commented="no" id="HC0B5E8E66178463985EDBEDBD99FA90"><enum>(6)</enum><text display-inline="yes-display-inline">A person who was working at any time during
such period in the New York City disaster area.</text>
</paragraph><paragraph commented="no" id="HE553E1B0BF944958BA5FB76B5B00DC00"><enum>(7)</enum><text display-inline="yes-display-inline">A person who attended school, child care,
or adult day care at any time during such period in a building located in the
New York City disaster area.</text>
</paragraph><paragraph commented="no" id="HC8157C06CA4549B5AD7ECDF300CA5547"><enum>(8)</enum><text display-inline="yes-display-inline">A person who was employed at any time
during such period at the Fresh Kills recovery site on Staten Island.</text>
</paragraph><paragraph id="H88510A1BED644C7BA11999955F857643"><enum>(9)</enum><text>A person who was
present in the New York City disaster area on September 11, 2001.</text>
</paragraph><paragraph commented="no" id="HE090CEE0B6B34BF3AD368BB7B79BDAEF"><enum>(10)</enum><text>Any other person
whom the Secretary determines to be appropriate.</text>
</paragraph></subsection><subsection id="HF393D19556934C979F9514BD6F8FE69"><enum>(c)</enum><header>Extension of
services</header><text display-inline="yes-display-inline">In order to ensure
reasonable access to monitoring and treatment for individuals under subsection
(a) who reside in the Downtown Manhattan area or who reside outside of the New
York City disaster area, the arrangements under such subsection shall be
expanded—</text>
<paragraph id="H5C34E08AB7A248079649699C17157913"><enum>(1)</enum><text>to enter into
arrangements with the World Trade Center Environmental Health Center at
Bellevue Hospital to coordinate and provide services for residents, office and
area workers, and students in Downtown Manhattan and nearby areas; and</text>
</paragraph><paragraph id="H43FBE0C784484DB08EC34FFA9DAC713D"><enum>(2)</enum><text>to establish a
nationwide network of health care providers to provide such monitoring and
treatment near such individuals’ areas of residence, or to establish a
mechanism whereby individuals who receive monitoring or treatment for a
qualifying health condition can be reimbursed for the cost of such monitoring
or treatment.</text>
</paragraph></subsection><subsection id="H3FF485AC9E904E5387F974E0DD23672F"><enum>(d)</enum><header>Administrative
arrangement authority</header><text display-inline="yes-display-inline">Arrangements under subsection (a) may be
modified, so as to provide for timely and accurate processing of claims,
through entering into arrangements for the administration of benefits using
insurance companies or other third-party administrators.</text>
</subsection><subsection commented="no" id="H711E9B5A75A0437300C48F5001CF498"><enum>(e)</enum><header>Requirement of
medical necessity</header><text display-inline="yes-display-inline">If a
monitoring or treating physician, pursuant to an arrangement under subsection
(a), determines that an item or service for the provision of health or mental
health care under subsection (a)(2) is medically necessary for an individual,
payment under such subsection shall be made available for the item or
service.</text>
</subsection><subsection id="H81D905AB461A41C28598508548F902FC"><enum>(f)</enum><header>Eligibility
certification for treatment benefits</header><text display-inline="yes-display-inline">Effective for treatment benefits furnished
more than 60 days after the date of the enactment of this section, no
individual shall be eligible for treatment benefits described in paragraph (2)
of subsection (a) under the arrangements described in such subsection unless a
Federal employee designated by the Secretary has determined that the individual
meets the applicable eligibility criteria under such arrangements (as modified
by the section) for the receipt of such treatment benefits. Such Federal
employee shall not deny certification if the individual meets the applicable
eligibility criteria.</text>
</subsection><subsection id="H74D25FE09ABF43B9B14F008C937F307D"><enum>(g)</enum><header>Community
outreach</header><text display-inline="yes-display-inline">The Secretary shall
institute a program that provides education and outreach on the existence and
availability of services provided for under this section. Any such education
and outreach shall be done in a manner intended to reach all affected
populations and to include materials for culturally and linguistically diverse
populations. To the greatest extent possible, in carrying out this subsection,
the Secretary should enter into partnerships with local governments and
organizations with experience performing outreach.</text>
</subsection><subsection id="HCA9591FF274B4FEA90C6EDFDE4422F73"><enum>(h)</enum><header>Continuation of
treatment while being enrolled in medical monitoring program</header><text display-inline="yes-display-inline">In the case of an individual receiving
medical treatment under the arrangements described in paragraph (2) of
subsection (a) but who is not enrolled in the medical monitoring program
referred to in paragraph (1) of such subsection, the individual may continue to
receive such treatment while the individual is being enrolled in such medical
monitoring program.</text>
</subsection><subsection id="HC83E13E933CF41C3A1BF68C760418EC6"><enum>(i)</enum><header>Definitions</header><text display-inline="yes-display-inline">In this section:</text>
<paragraph id="H925F12594A06491C913731C8B5E5F05D"><enum>(1)</enum><text display-inline="yes-display-inline">The term <term>coordinating consortium
body</term> means the body of medical providers that coordinates the monitoring
and treatment under the arrangement under subsection (a) that covers
individuals who are not covered under the arrangement with the Fire Department
for the City of New York.</text>
</paragraph><paragraph id="HE81C37962B0B49F09B906F14CF3BA292"><enum>(2)</enum><text display-inline="yes-display-inline">The term <term>New York City disaster
area</term> means an area, specified by the Secretary of Health and Human
Services, within which individuals who resided, worked, or otherwise were
regularly present during the period beginning on September 11, 2001, and ending
on August 31, 2002, were likely to have been exposed to airborne toxins that
were released as a result of the aftermath of the terrorist attacks that
occurred on September 11, 2001, in New York City, and includes the area within
2 miles of the perimeter of the former World Trade Center site. In determining
the boundaries of the New York City disaster area, the Secretary shall take
into consideration peer-reviewed research that has demonstrated potential
exposure to such toxins at a distance of 5 miles or greater from the former
World Trade Center.</text>
</paragraph><paragraph id="HB52C56440513433383C5C74D5773C7D9"><enum>(3)</enum><text>The term
<term>program steering committee</term> means the committee, made up of a
number of representatives of the medical providers from the coordinating
consortium body and the Fire Department of the City of New York, and an equal
number of representatives of the covered individuals described in subsection
(b), that is responsible for the governance and coordination of the programs
administered by the coordinating consortium body and the Fire Department of the
City of New York under subsection (a).</text>
</paragraph><paragraph id="HFEE64D52824B4380942173D73E0074C7"><enum>(4)</enum><text display-inline="yes-display-inline">The term <term>qualifying health
condition</term> means an adverse health condition that is presumed by the
program steering committee, in consultation with the Secretary, to be
associated with exposure to one or more of the sites of the terrorist attacks
that occurred on September 11, 2001, in New York City.</text>
</paragraph></subsection><subsection id="H7DA0D71125CB4CF3A5E52070ED49E33B"><enum>(j)</enum><header>Financing</header><text>Out
of any funds in the Treasury not otherwise appropriated, there are hereby
appropriated to the Secretary—</text>
<paragraph id="H65D9477F9C8C47B9AB9E03663005EE9F"><enum>(1)</enum><text>for the period of
fiscal years 2007 through 2012, $1,900,000,000 and such additional sums as may
be necessary to carry out this section; and</text>
</paragraph><paragraph id="HF3B1701A21C041F8BCB4043757360930"><enum>(2)</enum><text>for fiscal years
2013 through 2026, such sums as may be necessary to carry out this
section.</text>
</paragraph></subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</section><section id="H4DAE43EF21624A19A1B94C2E71B481F"><enum>102.</enum><header>Research
regarding certain health conditions</header><text display-inline="no-display-inline">Part B of title IV of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> (42 U.S.C.
284 et seq.) is amended by inserting after section 409I the following
section:</text>
<quoted-block act-name="Public Health Service Act" id="HDC297A2C37BA4DA1ADCE5477FC6EC450" style="OLC">
<section id="HC232AFD215B24E5292D6446EE8A30C7"><enum>409J.</enum><header>Research
regarding certain health conditions of individuals assisting with response to
September 11 terrorist attacks in New York City</header>
<subsection id="HC7C80CAA8A194827AD54AC4295582640"><enum>(a)</enum><header>In
General</header><text>With respect to individuals receiving monitoring under
section 317T, the Secretary shall conduct or support—</text>
<paragraph id="H379AB22510DC4AA38CA179AB09DBE6FA"><enum>(1)</enum><text>research on
physical and mental health conditions that may be related to the September 11
terrorist attacks;</text>
</paragraph><paragraph id="H688A244BB02442CAB3531238FCE8F069"><enum>(2)</enum><text>research on
diagnosing qualifying health conditions of such individuals, in the case of
conditions for which there has been diagnostic uncertainty; and</text>
</paragraph><paragraph id="H318782C409CE48DA83CD3CA8F7C2457"><enum>(3)</enum><text>research on
treating qualifying health conditions of such individuals, in the case of
conditions for which there has been treatment uncertainty.</text>
</paragraph></subsection><subsection id="H48D5C4D4E7EE40D1A591F37B48CE44B3"><enum>(b)</enum><header>Consultation</header><text display-inline="yes-display-inline">The Secretary shall carry out this section
in consultation with such program steering committee.</text>
</subsection><subsection id="H48D81CBCCC8844A5B140F202D8B200E7"><enum>(c)</enum><header>Application of
privacy and human subject protections</header><text display-inline="yes-display-inline">The privacy and human subject protections
applicable to research conducted under this section shall not be less than such
protections applicable to research otherwise conducted by the National
Institutes of Health.</text>
</subsection><subsection id="HA38F015D8B6B4519A5006B1E1D82E5B5"><enum>(d)</enum><header>Annual
Report</header><text>The Secretary shall annually submit to the Congress a
report describing the findings of research under subsection (a).</text>
</subsection><subsection id="H1DE64BE5C59A4C4FB38F18D600E3106"><enum>(e)</enum><header>Definitions</header><text>In
this section, the terms <term>program steering committee</term> and
<term>qualifying health condition</term> have the meanings given to those terms
in section 317T(i).</text>
</subsection><subsection id="H55623B709667442883FACEE836BE86E"><enum>(f)</enum><header>Authorization of
Appropriations</header><text>For the purpose of carrying out this section,
there are authorized to be appropriated such sums as may be necessary for each
of fiscal years 2008 through 2026, in addition to any other authorizations of
appropriations that are available for such
purpose.</text>
</subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</section><section id="H9518B3C1C40846CAB2F9A1AF814214C6"><enum>103.</enum><header>Programs
regarding attack at Pentagon</header><text display-inline="no-display-inline">The Secretary of Health and Human Services
may, to the extent determined appropriate by the Secretary, establish with
respect to the terrorist attack at the Pentagon on September 11, 2001, programs
similar to the programs that are established in sections 317T and 409J of the
<act-name parsable-cite="PHSA">Public Health Service Act</act-name> with
respect to the terrorist attacks on such date in New York City.</text>
</section><enum>II</enum><header>9/11
Health Emergency Coordinating Council</header>
<section id="H8802E127FDA44DBBAC2E164F93D82EDD"><enum>201.</enum><header>Establishment</header><text display-inline="no-display-inline">The Secretary of Health and Human Services
shall convene a council, to be known as <quote>9/11 Health Emergency
Coordinating Council</quote> (in this title referred to as the
<quote>Council</quote>), for the purpose of discussing, examining, and
formulating recommendations with respect to the adequacy and coordination of
the following:</text>
<paragraph display-inline="no-display-inline" id="H14652D7A1FFB4124ACC0D1C5358CEC9F"><enum>(1)</enum><text display-inline="yes-display-inline">Care and compensation for the victims of
the terrorist attacks of September 11, 2001.</text>
</paragraph><paragraph id="H6F105117D30E438C883289C8BE9326DF"><enum>(2)</enum><text>Federal tracking
of the monitoring of, and treatment for, individuals who are directly suffering
from, or may have long-term health effects from, such attacks.</text>
</paragraph></section><section id="H756C9DB72D61404BB004133CB97E742D"><enum>202.</enum><header>Membership</header>
<subsection id="HA4047B13695B41AE99DC7D00EDEB425D"><enum>(a)</enum><header>Chairperson</header><text>The
Secretary of Health and Human Services (or the Secretary’s designee) shall
serve as the chairperson of the Council.</text>
</subsection><subsection id="H902ED0E5B62445B9972C04A81F1FE7A"><enum>(b)</enum><header>Required
members</header><text>The members of the Council shall include the
following:</text>
<paragraph id="HE71B7CB43671413FB389D8D56787491F"><enum>(1)</enum><text>The Secretary of
Defense (or the Secretary’s designee).</text>
</paragraph><paragraph id="HFFC939A2D4194EDABA8016B9790023BE"><enum>(2)</enum><text>The Secretary of
Labor (or the Secretary’s designee).</text>
</paragraph><paragraph id="HFE146F604167474A8229B6F74AB088B"><enum>(3)</enum><text>The Director of the
Federal Emergency Management Agency (or the Director’s designee).</text>
</paragraph><paragraph id="H961409F55150464F8EC7819146E9AEF"><enum>(4)</enum><text>The Director of the
National Institutes of Health (or the Director’s designee).</text>
</paragraph><paragraph id="H52A6A53E7A034632A57456E3DD27928"><enum>(5)</enum><text>The Director of the
National Institute for Occupational Safety and Health (or the Director’s
designee).</text>
</paragraph><paragraph id="HC5CFB899DA7847568B23DFFF879EF3D8"><enum>(6)</enum><text>A
representative of the Crime Victims Fund established under section 1402 of the
Victims of Crime Act of 1984 (<external-xref legal-doc="usc" parsable-cite="usc/42/10601">42 U.S.C. 10601</external-xref>).</text>
</paragraph></subsection><subsection id="H00402B36912C40E484744DDD65E8F0E0"><enum>(c)</enum><header>Invitees</header><text>The
Secretary of Health and Human Services shall invite the following individuals
to serve as members of the Council:</text>
<paragraph id="H8D73500B77FD41FF9769003FD7DF3CDF"><enum>(1)</enum><text>The Governor of
the State of New York (or the Governor’s designee).</text>
</paragraph><paragraph id="H0C455D692317479A84973B33282F64C6"><enum>(2)</enum><text display-inline="yes-display-inline">The Governor of the State of New Jersey (or
the Governor's designee).</text>
</paragraph><paragraph id="HB2D7B87968E743A1A6DA361DEF461D64"><enum>(3)</enum><text>The Mayor of New
York City (or the Mayor’s designee).</text>
</paragraph><paragraph id="HC57903930C4A4BCDB325D8B49B1F6F60"><enum>(4)</enum><text>1
representative of the New York City Fire Department.</text>
</paragraph><paragraph id="HBD608B05B0564FAAB2B704CADA25FAE1"><enum>(5)</enum><text>1
representative of the New York City Police Department.</text>
</paragraph><paragraph id="HC5F546515FE941BF8184E089134531B7"><enum>(6)</enum><text>1
representative of the police department of the Port Authority of New York and
New Jersey.</text>
</paragraph><paragraph id="HE63F2E41456A47D8AC7130A893661A9"><enum>(7)</enum><text>1
representative of the New York State Department of Health.</text>
</paragraph><paragraph id="HE78F413F7DB7419FB5B929EA996BB241"><enum>(8)</enum><text>1
representative of the New York State Workers’ Compensation Board.</text>
</paragraph><paragraph id="HD2457B12E1BF45CBBD5555CE8F2F0067"><enum>(9)</enum><text>1
representative of the New York City Department of Health and Mental
Hygiene.</text>
</paragraph><paragraph id="H3CB559708F8F4E1485003557BF69A3B0"><enum>(10)</enum><text>1 representative
of the New York City Office of Emergency Management.</text>
</paragraph><paragraph id="HD81F66221CA34D86A04C1E3D002119E5"><enum>(11)</enum><text>1 representative
of the Association of Occupational and Environmental Clinics.</text>
</paragraph><paragraph id="HB2A107453A4A4012A1D3DCFFF728AA14"><enum>(12)</enum><text>1 representative
of the New York Committee for Occupational Safety and Health (NYCOSH).</text>
</paragraph><paragraph id="HBC72FE36EB2E403DB134B7AFE23FABC"><enum>(13)</enum><text>1
representative of charitable organizations that had volunteers at Ground
Zero.</text>
</paragraph><paragraph id="H45DE11F0963349BE8700E6496497F9D8"><enum>(14)</enum><text display-inline="yes-display-inline">20 representatives of labor unions
reflecting a cross section of workers who responded to, or assisted in the
cleanup resulting from, the attack on the World Trade Center, including New
York City police, fire, and other municipal employees, Port Authority of New
York and New Jersey police, State and Federal employees, construction
employees, and employees involved in the resumption of services.</text>
</paragraph><paragraph id="H491D7EEA9ACA46E495FA6045A320A93F"><enum>(15)</enum><text>20
representatives of community organizations that reflect a cross section of the
concerns of residents, office workers, and students.</text>
</paragraph><paragraph id="H4DA09D26C1AF4D97946064403DCFF188"><enum>(16)</enum><text>5 representatives
of nonprofit volunteer entities that assisted in recovery efforts following the
terrorist attacks of September 11, 2001.</text>
</paragraph><paragraph id="H92C9BF3ED2204975BA7FD3AA9771E619"><enum>(17)</enum><text>5 representatives
of a regional occupational provider that—</text>
<subparagraph id="HC746E7E8D747429BB069AFBECEDAC7F"><enum>(A)</enum><text>works with the
World Trade Center Worker and Volunteer Medical Screening Program; and</text>
</subparagraph><subparagraph id="H206CB8E9770D43929C36CEAB78161478"><enum>(B)</enum><text>is under the
direction of the Mount Sinai Center for Occupational and Environmental
Medicine.</text>
</subparagraph></paragraph></subsection></section><section id="H6C4FCF5D8B0B4DD0A8D916E0BC1EA405"><enum>203.</enum><header>Meetings</header><text display-inline="no-display-inline">The Council shall meet not less than 4 times
each calendar year.</text>
</section><section id="H4D95EB055CEA4D50B1BE0153C2A99B15"><enum>204.</enum><header>Reports</header><text display-inline="no-display-inline">Not less than once each calendar year, the
Council shall submit to the Congress a report on the recommendations of the
Council.</text>
</section><section id="HE3FA12E6E3F64024924857FBD8C64585"><enum>205.</enum><header>Authorization
of appropriations</header><text display-inline="no-display-inline">For the
purpose of carrying out this title, there are authorized to be appropriated
such sums as may be necessary for each of fiscal years 2007 through
2026.</text>
</section><enum>III</enum><header>September 11
Victim Compensation Fund of 2001</header>
<section id="H7BBF0BF9E2B544979CB5D962B9B3DCC"><enum>301.</enum><header>Deadline
extension for certain claims under September
<enum-in-header>11</enum-in-header> Victim Compensation Fund of
<enum-in-header>2001</enum-in-header></header><text display-inline="no-display-inline">Section 405(a)(3) of the Air Transportation
Safety and System Stabilization Act (<external-xref legal-doc="usc" parsable-cite="usc/49/40101">49 U.S.C. 40101</external-xref> note) is amended to read
as follows:</text>
<quoted-block display-inline="no-display-inline" id="H1818124B812743A38B484FC621904B7F" style="OLC">
<paragraph id="H7DFB15D3E2AA47A9A896EDCD86CF42BA"><enum>(3)</enum><header>Limitation</header>
<subparagraph id="H08955B6AD2AA429993FBF2D0D18FCE95"><enum>(A)</enum><header>In
general</header><text>Except as provided by subparagraph (B), no claim may be
filed under paragraph (1) after December 22, 2003.</text>
</subparagraph><subparagraph id="H3407707C273D43B4945DD1162F04FA9E"><enum>(B)</enum><header>Exceptions</header><text display-inline="yes-display-inline">A claim may be filed under paragraph (1) by
an individual (or by a personal representative on behalf of a deceased
individual)—</text>
<clause id="HF6C4A6EC0F1F4367A5D338C42BE7A742"><enum>(i)</enum><text>during the 5-year
period after the date of enactment of this subparagraph, if the Special Master
determines that the individual—</text>
<subclause id="H3D5FCA122E934F54BE1D7717E2A8A6B3"><enum>(I)</enum><text>did not know that
the individual had suffered physical harm as a result of the terrorist-related
aircraft crashes of September 11, 2001, until after December 22, 2003, and
before the date of the enactment of this subparagraph;</text>
</subclause><subclause id="H15C5603012A14CEDBA18A07ED813DD95"><enum>(II)</enum><text display-inline="yes-display-inline">did not for any reason other than as
described in subclause (I) know that the individual was eligible to file a
claim under paragraph (1) until after December 22, 2003;</text>
</subclause><subclause id="H32A2F3D265F1446DB517F85E5139CCAE"><enum>(III)</enum><text>suffered
psychological harm as a result of the terrorist-related aircraft crashes;
or</text>
</subclause><subclause id="H757733FCB7814F97ACF68B2C1CAE943"><enum>(IV)</enum><text>in the case of an
individual who had previously filed a claim under this title, suffered a
significantly greater physical harm than was known to the individual as of the
date the claim was filed and did not know the full extent of the physical harm
suffered as a result of the terrorist-related aircraft crashes until after the
date on which the claim was filed and before the date of enactment of this
subparagraph; and</text>
</subclause></clause><clause id="H6AFEA89ED24A44AF8200F5D700B800F5"><enum>(ii)</enum><text display-inline="yes-display-inline">during the 5-year period after the date
that the individual—</text>
<subclause id="H90F57B7E35B34D6C97FC31DCDE409094"><enum>(I)</enum><text>first knew that
the individual had suffered physical or psychological harm as a result of the
terrorist-related aircraft crashes of September 11, 2001, if the Special Master
determines that the individual did not know that the individual had suffered
such physical or psychological harm until a date that is on or after the date
of enactment of this subparagraph; or</text>
</subclause><subclause id="H402AEDD471C746E5999722854D9400AE"><enum>(II)</enum><text>in the case of an
individual who had previously filed a claim under this title and had suffered a
significantly greater physical harm than was known to the individual as of the
date the claim was filed, or had suffered psychological harm as a result of the
terrorist-related crashes, first knew the full extent of the physical and
psychological harm suffered as a result of the terrorist-related aircraft
crashes, if the Special Master determines that the individual did not know the
full extent of the harm suffered until a date that is on or after the date of
the enactment of this
subparagraph.</text>
</subclause></clause></subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</section><section id="HBEEC044E43684DB3B1AA8F5684A4D2A8"><enum>302.</enum><header>Exception to
single claim requirement in certain circumstances</header><text display-inline="no-display-inline">Section 405(c)(3)(A) of the Air
Transportation Safety and System Stabilization Act (<external-xref legal-doc="usc" parsable-cite="usc/49/40101">49 U.S.C. 40101</external-xref> note) is
amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="HAD37FF64944A45F88551AF70DE2FB870" style="OLC">
<subparagraph id="HC5A97E8AAF65484EA95E6FC8BCBEA9EF"><enum>(A)</enum><header>Single
claim</header>
<clause id="HFA053E1083E94F06AC01BED48FFA229B"><enum>(i)</enum><header>In
general</header><text>Except as provided by clause (ii), not more than 1 claim
may be submitted under this title by an individual or on behalf of a deceased
individual.</text>
</clause><clause id="H53FBD01F29974E5F807EC3E7AFCF87FB"><enum>(ii)</enum><header>Exception</header><text>A
second claim may be filed under subsection (a)(1) by an individual (or by a
personal representative on behalf of a deceased individual) if the individual
is an individual described in either of clauses (i)(IV) or (ii)(II) of
subsection
(a)(3)(B).</text>
</clause></subparagraph><after-quoted-block>.</after-quoted-block></quoted-block>
</section><section id="H27D7AEAFF2024CA1B2969E5B544EF898"><enum>303.</enum><header>Eligibility of
claimants suffering from psychological harm</header>
<subsection id="HCB8875BD71154A488CED83C533E86F89"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">Section
405(c)(2)(A)(ii) of the Air Transportation Safety and System Stabilization Act
(<external-xref legal-doc="usc" parsable-cite="usc/49/40101">49 U.S.C. 40101</external-xref> note) is amended by inserting <quote>, psychological
harm,</quote> before <quote>or death</quote>.</text>
</subsection><subsection id="H177D81E6B4794F8DB419D4C089009B44"><enum>(b)</enum><header>Conforming
amendment</header><text>Section 405(a)(2)(B)(i) of such Act is amended by
striking <quote>physical harm</quote> and inserting <quote>physical or
psychological harm</quote>.</text>
</subsection></section><section id="HAD2791BB7B494D19B200C97E3E8E04F"><enum>304.</enum><header>Immediate
aftermath defined</header><text display-inline="no-display-inline">Section 402
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 paragraph:</text>
<quoted-block display-inline="no-display-inline" id="H5E398F3805A44F260030D438D6EAE028" style="OLC">
<paragraph id="H50B4E32C67A9435A93BDA8A6D34C5212"><enum>(11)</enum><header>Immediate
aftermath</header><text display-inline="yes-display-inline">In section
405(c)(2)(A)(i), the term <term>immediate aftermath</term> means any period of
time after the terrorist-related aircraft crashes of September 11, 2001, as
determined by the Special Master, that was sufficiently close in time to the
crashes that there was a demonstrable risk to the claimant of physical or
psychological harm resulting from the crashes, including the period of time
during which rescue, recovery, and cleanup activities relating to the crashes
were
conducted.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</section><enum>IV</enum><header>Programs of the
New York City Department of Health and Mental Hygiene</header>
<section id="H089E9738D70D479BB40001CC7E53AE25"><enum>401.</enum><header>World Trade
Center Health Registry</header>
<subsection id="H9BDD6E57ED204E2ABDBAA716F98309D1"><enum>(a)</enum><header>Program
extension</header><text>For the purpose of ensuring on-going data collection
for victims of the September 11 terrorist attacks in New York City, the
Secretary of Health and Human Services, acting through the National Institute
for Occupational Safety and Health of the Centers for Disease Control and
Prevention, shall extend and expand the arrangements in effect as of January 1,
2007, with the New York City Department of Health and Mental Hygiene that
provide for the World Trade Center Health Registry.</text>
</subsection><subsection id="H58290C6FEDD348009C9EA9B5C4E40002"><enum>(b)</enum><header>Authorization of
appropriations</header><text>To carry out this section, there are authorized to
be appropriated such sums as may be necessary.</text>
</subsection></section><section id="H0041E93DCF0246DFA90557B59366C042"><enum>402.</enum><header>Mental health
services</header>
<subsection id="H3AA4F3D5FC7D414A8C101FFF8DCD2B1F"><enum>(a)</enum><header>Grants</header><text display-inline="yes-display-inline">The Secretary of Health and Human Services
may make grants to the New York City Department of Health and Mental Hygiene to
provide mental health services to address the mental health needs of qualified
individuals relating to the terrorist attacks that occurred on September 11,
2001, in New York City.</text>
</subsection><subsection id="H65A39041CF8D489AAEF30465C6CB3635"><enum>(b)</enum><header>Qualified
individual</header><text>In this section, the term <term>qualified
individual</term> means an individual who resides in the New York City
metropolitan area, but is not a covered individual described in section 317T(b)
of the Public Health Service Act, as added by section 101 of this Act.</text>
</subsection></section>