The U.S. House of Representatives passed House Bill 847, which is Congressional legislation which will provide First Responders, like police officers, firefighters and other rescue workers with medical treatment for illnesses brought about through the breathing in of toxic fumes, dust particles and smoke during the September 11, 2001 attack on the World Trade Center site.
House Bill 847 passed by about a 2-to-1 margin, and now will go to the U.S. Senate where its passage is not certain at this point. The new legislation provides for $3.2 billion over the course of the next 8 years to monitor and medically treat injuries as a result of the exposure of First Responders to the toxic effects of Ground Zero.
The legislation came about as a result of the desire to have a permanent medical program for 9/11 First Responders. House Bill 847 is also known as the James Zadroga 9/11 Health and Compensation Act, bearing the name of a New York City detective who participated in the rescue and recovery efforts at Ground Zero for about three weeks after the September 11, 2001 attacks. Detective Zadroga died in January, 2006 after he developed symptoms which have become common amongst first responders on the scene of rescue efforts during 9/11, and which includes difficulty breathing and flulike symptoms.
The key provisions in House Bill 847 as related to First Responders, include:
PART 1--WTC RESPONDERS
`SEC. 3311. IDENTIFICATION OF WTC RESPONDERS AND PROVISION OF WTC-RELATED MONITORING SERVICES.
`(a) WTC Responder Defined-
`(1) IN GENERAL- For purposes of this title, the term `WTC responder' means any of the following individuals, subject to paragraph (4):
`(A) CURRENTLY IDENTIFIED RESPONDER- An individual who has been identified as eligible for monitoring under the arrangements as in effect on the date of the enactment of this title between the National Institute for Occupational Safety and Health and--
`(i) the consortium coordinated by Mt. Sinai Hospital in New York City that coordinates the monitoring and treatment for enrolled WTC responders other than with respect to those covered under the arrangement with the Fire Department of New York City; or
`(ii) the Fire Department of New York City.
`(B) RESPONDER WHO MEETS CURRENT ELIGIBILITY CRITERIA- An individual who meets the current eligibility criteria described in paragraph (2).
`(C) RESPONDER WHO MEETS MODIFIED ELIGIBILITY CRITERIA- An individual who--
`(i) performed rescue, recovery, demolition, debris cleanup, or other related services in the New York City disaster area in response to the September 11, 2001, terrorist attacks, regardless of whether such services were performed by a State or Federal employee or member of the National Guard or otherwise; and
`(ii) meets such eligibility criteria relating to exposure to airborne toxins, other hazards, or adverse conditions resulting from the September 11, 2001, terrorist attacks as the WTC Program Administrator, after consultation with the WTC Scientific/Technical Advisory Committee, determines appropriate.
The WTC Program Administrator shall not modify such eligibility criteria on or after the date that the number of enrollments of WTC responders has reached 80 percent of the limit described in paragraph (4) or on or after the date that the number of certifications for certified-eligible WTC survivors under section 3321(a)(2)(B) has reached 80 percent of the limit described in section 3321(a)(3).
`(2) CURRENT ELIGIBILITY CRITERIA- The eligibility criteria described in this paragraph for an individual is that the individual is described in any of the following categories:
`(A) FIREFIGHTERS AND RELATED PERSONNEL- The individual--
`(i) was a member of the Fire Department of New York City (whether fire or emergency personnel, active or retired) who participated at least one day in the rescue and recovery effort at any of the former World Trade Center sites (including Ground Zero, Staten Island Landfill, and the New York City Chief Medical Examiner's Office) for any time during the period beginning on September 11, 2001, and ending on July 31, 2002; or
`(ii)(I) is a surviving immediate family member of an individual who was a member of the Fire Department of New York City (whether fire or emergency personnel, active or retired) and was killed at the World Trade site on September 11, 2001; and
`(II) received any treatment for a WTC-related health condition described in section 3312(a)(1)(A)(ii) (relating to mental health conditions) on or before September 1, 2008.
`(B) LAW ENFORCEMENT OFFICERS AND WTC RESCUE, RECOVERY, AND CLEANUP WORKERS- The individual--
`(i) worked or volunteered onsite in rescue, recovery, debris cleanup, or related support services in lower Manhattan (south of Canal St.), the Staten Island Landfill, or the barge loading piers, for at least 4 hours during the period beginning on September 11, 2001, and ending on September 14, 2001, for at least 24 hours during the period beginning on September 11, 2001, and ending on September 30, 2001, or for at least 80 hours during the period beginning on September 11, 2001, and ending on July 31, 2002;
`(ii)(I) was a member of the Police Department of New York City (whether active or retired) or a member of the Port Authority Police of the Port Authority of New York and New Jersey (whether active or retired) who participated onsite in rescue, recovery, debris cleanup, or related services in lower Manhattan (south of Canal St.), including Ground Zero, the Staten Island Landfill, or the barge loading piers, for at least 4 hours during the period beginning September 11, 2001, and ending on September 14, 2001;
`(II) participated onsite in rescue, recovery, debris cleanup, or related services in at Ground Zero, the Staten Island Landfill, or the barge loading piers, for at least one day during the period beginning on September 11, 2001, and ending on July 31, 2002;
`(III) participated onsite in rescue, recovery, debris cleanup, or related services in lower Manhattan (south of Canal St.) for at least 24 hours during the period beginning on September 11, 2001, and ending on September 30, 2001; or
`(IV) participated onsite in rescue, recovery, debris cleanup, or related services in lower Manhattan (south of Canal St.) for at least 80 hours during the period beginning on September 11, 2001, and ending on July 31, 2002;
`(iii) was an employee of the Office of the Chief Medical Examiner of New York City involved in the examination and handling of human remains from the World Trade Center attacks, or other morgue worker who performed similar post-September 11 functions for such Office staff, during the period beginning on September 11, 2001, and ending on July 31, 2002;
`(iv) was a worker in the Port Authority Trans-Hudson Corporation Tunnel for at least 24 hours during the period beginning on February 1, 2002, and ending on July 1, 2002; or
`(v) was a vehicle-maintenance worker who was exposed to debris from the former World Trade Center while retrieving, driving, cleaning, repairing, and maintaining vehicles contaminated by airborne toxins from the September 11, 2001, terrorist attacks during a duration and period described in subparagraph (A).
`(C) RESPONDERS TO THE SEPTEMBER 11 ATTACKS AT THE PENTAGON AND SHANKSVILLE, PENNSYLVANIA- The individual--
`(i)(I) was a member of a fire or police department (whether fire or emergency personnel, active or retired), worked for a recovery or cleanup contractor, or was a volunteer; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; or
`(II) was a member of a fire or police department (whether fire or emergency personnel, active or retired), worked for a recovery or cleanup contractor, or was a volunteer; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; and
`(ii) is determined by the WTC Program Administrator to be at an increased risk of developing a WTC-related health condition as a result of exposure to airborne toxins, other hazards, or adverse conditions resulting from the September 11, 2001, terrorist attacks, and meets such eligibility criteria related to such exposures, as the WTC Program Administrator determines are appropriate, after consultation with the WTC Scientific/Technical Advisory Committee.
`(3) ENROLLMENT PROCESS-
`(A) IN GENERAL- The WTC Program Administrator shall establish a process for enrolling WTC responders in the WTC Program. Under such process--
`(i) WTC responders described in paragraph (1)(A) shall be deemed to be enrolled in such Program;
`(ii) subject to clause (iii), the Administrator shall enroll in such program individuals who are determined to be WTC responders;
`(iii) the Administrator shall deny such enrollment to an individual if the Administrator determines that the numerical limitation in paragraph (4) on enrollment of WTC responders has been met;
`(iv) there shall be no fee charged to the applicant for making an application for such enrollment;
`(v) the Administrator shall make a determination on such an application not later than 60 days after the date of filing the application; and
`(vi) an individual who is denied enrollment in such Program shall have an opportunity to appeal such determination in a manner established under such process.
`(B) TIMING-
`(i) CURRENTLY IDENTIFIED RESPONDERS- In accordance with subparagraph (A)(i), the WTC Program Administrator shall enroll an individual described in paragraph (1)(A) in the WTC Program not later than July 1, 2011.
`(ii) OTHER RESPONDERS- In accordance with subparagraph (A)(ii) and consistent with paragraph (4), the WTC Program Administrator shall enroll any other individual who is determined to be a WTC responder in the WTC Program at the time of such determination.
. . .
`(b) Monitoring Benefits-
`(1) IN GENERAL- In the case of an enrolled WTC responder (other than one described in subsection (a)(2)(A)(ii)), the WTC Program shall provide for monitoring benefits that include monitoring consistent with protocols approved by the WTC Program Administrator and including clinical examinations and long-term health monitoring and analysis. In the case of an enrolled WTC responder who is an active member of the Fire Department of New York City, the responder shall receive such benefits as part of the individual's periodic company medical exams.
`(2) PROVISION OF MONITORING BENEFITS- The monitoring benefits under paragraph (1) shall be provided through the Clinical Center of Excellence for the type of individual involved or, in the case of an individual residing outside the New York metropolitan area, under an arrangement under section 3313.
`SEC. 3312. TREATMENT OF ENROLLED WTC RESPONDERS FOR WTC-RELATED HEALTH CONDITIONS.
`(a) WTC-Related Health Condition Defined-
`(1) IN GENERAL- For purposes of this title, the term `WTC-related health condition' means a condition that--
`(A)(i) is an illness or health condition for which exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001, terrorist attacks, based on an examination by a medical professional with experience in treating or diagnosing the health conditions included in the applicable list of WTC-related health conditions, is substantially likely to be a significant factor in aggravating, contributing to, or causing the illness or health condition, as determined under paragraph (2); or
`(ii) is a mental health condition for which such attacks, based on an examination by a medical professional with experience in treating or diagnosing the health conditions included in the applicable list of WTC-related health conditions, is substantially likely to be a significant factor in aggravating, contributing to, or causing the condition, as determined under paragraph (2); and
`(B) is included in the applicable list of WTC-related health conditions or--
`(i) with respect to a WTC responder, is provided certification of coverage under subsection (b)(2)(B)(iii); or
`(ii) with respect to a screening-eligible WTC survivor or certified-eligible WTC survivor, is provided certification of coverage under subsection (b)(2)(B)(iii), as applied under section 3322(a).
In the case of a WTC responder described in section 3311(a)(2)(A)(ii) (relating to a surviving immediate family member of a firefighter), such term does not include an illness or health condition described in subparagraph (A)(i).
`(2) DETERMINATION- The determination under paragraph (1) or subsection (b) of whether the September 11, 2001, terrorist attacks were substantially likely to be a significant factor in aggravating, contributing to, or causing an individual's illness or health condition shall be made based on an assessment of the following:
`(A) The individual's exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the terrorist attacks. Such exposure shall be--
`(i) evaluated and characterized through the use of a standardized, population-appropriate questionnaire approved by the Director of the National Institute for Occupational Safety and Health; and
`(ii) assessed and documented by a medical professional with experience in treating or diagnosing health conditions included on the list of WTC-related health conditions.
`(B) The type of symptoms and temporal sequence of symptoms. Such symptoms shall be--
`(i) assessed through the use of a standardized, population-appropriate medical questionnaire approved by the Director of the National Institute for Occupational Safety and Health and a medical examination; and
`(ii) diagnosed and documented by a medical professional described in subparagraph (A)(ii).
`(3) LIST OF HEALTH CONDITIONS FOR WTC RESPONDERS- The list of health conditions for WTC responders consists of the following:
`(A) AERODIGESTIVE DISORDERS-
`(i) Interstitial lung diseases.
`(ii) Chronic respiratory disorder--fumes/vapors.
`(iii) Asthma.
`(iv) Reactive airways dysfunction syndrome (RADS).
`(v) WTC-exacerbated chronic obstructive pulmonary disease (COPD).
`(vi) Chronic cough syndrome.
`(vii) Upper airway hyperreactivity.
`(viii) Chronic rhinosinusitis.
`(ix) Chronic nasopharyngitis.
`(x) Chronic laryngitis.
`(xi) Gastroesophageal reflux disorder (GERD).
`(xii) Sleep apnea exacerbated by or related to a condition described in a previous clause.
`(B) MENTAL HEALTH CONDITIONS-
`(i) Posttraumatic stress disorder (PTSD).
`(ii) Major depressive disorder.
`(iii) Panic disorder.
`(iv) Generalized anxiety disorder.
`(v) Anxiety disorder (not otherwise specified).
`(vi) Depression (not otherwise specified).
`(vii) Acute stress disorder.
`(viii) Dysthymic disorder.
`(ix) Adjustment disorder.
`(x) Substance abuse.
`(C) MUSCULOSKELETAL DISORDERS FOR CERTAIN WTC RESPONDERS- In the case of a WTC responder described in paragraph (4), a condition described in such paragraph.
`(D) ADDITIONAL CONDITIONS- Any cancer (or type of cancer) or other condition added, pursuant to paragraph (5) or (6), to the list under this paragraph.
`(4) MUSCULOSKELETAL DISORDERS-
`(A) IN GENERAL- For purposes of this title, in the case of a WTC responder who received any treatment for a WTC-related musculoskeletal disorder on or before September 11, 2003, the list of health conditions in paragraph (3) shall include:
`(i) Low back pain.
`(ii) Carpal tunnel syndrome (CTS).
`(iii) Other musculoskeletal disorders.
`(B) DEFINITION- The term `WTC-related musculoskeletal disorder' means a chronic or recurrent disorder of the musculoskeletal system caused by heavy lifting or repetitive strain on the joints or musculoskeletal system occurring during rescue or recovery efforts in the New York City disaster area in the aftermath of the September 11, 2001, terrorist attacks.
`(5) CANCER-
`(A) IN GENERAL- The WTC Program Administrator shall periodically conduct a review of all available scientific and medical evidence, including findings and recommendations of Clinical Centers of Excellence, published in peer-reviewed journals to determine if, based on such evidence, cancer or a certain type of cancer should be added to the applicable list of WTC-related health conditions.
The next step in the process is for the U.S. Senate to pass this legislation and then hopefully the 9/11 First Responders will be able to obtain a permanent program for much needed medical health care and monitoring that the country owes them for their dedication to the protecting all of us before, during and after the 9/11 attacks. Download a copy of the full legislation here. Download HR 847