I 

110TH CONGRESS 

1ST SESSION H. R. 1638 

To extend and improve protections and services to individuals directly impacted by the terrorist attack in New York City on September 11, 

2001, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2007 

Mrs. MALONEY of New York (for herself, Mr. FOSSELLA, Mr. SERRANO, Mr. 

SHAYS, Mr. HINCHEY, Mr. MCHUGH, Mr. HALL of New York, Mr. 

MCNULTY, Mr. CROWLEY, Mr. GRIJALVA, and Mr. MCCOTTER) introduced the following bill; which was referred to the Committee on Energy 

and Commerce, and in addition to the Committee on the Judiciary, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To extend and improve protections and services to individuals 

directly impacted by the terrorist attack in New York 

City on September 11, 2001, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘James Zadroga 9/11 Health and Compensation Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 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. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

5 (1) Thousands of rescue workers who responded 

6 to the areas devastated by the terrorist attacks of 

7 September 11, local residents, office and area work8 ers, and school children continue to suffer significant 

9 medical problems as a result of compromised air 

10 quality and the release of other toxins from the at11 tack sites. 


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1 (2) In a September 2006 peer-reviewed study 

2 conducted by the World Trade Center Medical Moni3 toring Program, of 9,500 World Trade Center re4 sponders, almost 70 percent of World Trade Center 

5 responders had a new or worsened respiratory symp6 tom that developed during or after their time work7 ing at the World Trade Center; among the respond8 ers who were asymptomatic before 9/11, 61 percent 

9 developed respiratory symptoms while working at the 

10 World Trade Center; close to 60 percent still had a 

11 new or worsened respiratory symptom at the time of 

12 their examination; one-third had abnormal pul13 monary function tests; and severe respiratory condi14 tions including pneumonia were significantly more 

15 common in the 6 months after 9/11 than in the 

16 prior 6 months. 

17 (3) An April 2006 study documented that, on 

18 average, a New York City firefighter who responded 

19 to the World Trade Center has experienced a loss of 

20 12 years of lung capacity. 

21 (4) A peer-reviewed study of residents who lived 

22 near the World Trade Center titled ‘‘The World 

23 Trade Center Residents’ Respiratory Health Study: 

24 New Onset Respiratory Symptoms and Pulmonary 

25 Function’’, found that data demonstrated a three 


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1 fold increase in new-onset, persistent lower res2 piratory symptoms in residents near the former 

3 World Trade Center as compared to a control popu4 lation. 

5 (5) Previous research on the health impacts of 

6 the devastation caused by the September 11 terrorist 

7 attacks has shown relationships between the air 

8 quality from Ground Zero and a host of health im9 pacts, including lower pregnancy rates, lower birth 

10 weights in babies born 9 months after the disaster, 

11 higher rates of respiratory and lung disorders, and 

12 a variety of post-disaster mental health conditions 

13 (including posttraumatic stress disorder) in workers 

14 and residents near Ground Zero. 

15 (6) Federal funding allocated for the moni16 toring of rescue workers’ health is not sufficient to 

17 ensure the long-term study of health impacts of Sep18 tember 11. 

19 (7) The Federal funding allocated for medical 

20 monitoring does not provide for the medical moni21 toring of New York City area residents, office and 

22 area workers, schoolchildren, or Federal employees 

23 who responded to the terrorist attacks of September 

24 11, 2001. 


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1 (8) A significant portion of those who re2 sponded to the September 11 aftermath have no 

3 health insurance, lost their health insurance as a re4 sult of the attacks, or have inadequate health insur5 ance for the medical conditions they developed as a 

6 result of recovery work at the World Trade Center 

7 site. 

8 (9) The Federal program to provide medical 

9 treatments to those who responded to the September 

10 11 aftermath, and who continue to experience health 

11 problems as a result, was finally established more 

12 than five years after the attacks, but is not ade13 quately funded and is projected to exhaust all Fed14 eral funding before the end of fiscal year 2007. 

15 (10) Rescue workers and volunteers seeking 

16 workers compensation have reported that their appli17 cations have been denied, delayed for months, or re18 directed, instead of receiving assistance in a timely 

19 and supportive manner. 

20 (11) A February 2007 report released by the 

21 City of New York revealed that 410,000 people were 

22 ‘‘heavily exposed’’, to the toxins of Ground Zero. 

23 The report also found that an estimated 30,000 re24 sponders are sick yet 21,000 of them do not have 

25 adequate health insurance. 


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1 (12) The September 11 Victim Compensation 

2 Fund of 2001 was established to provide compensa3 tion to individuals who were physically injured or 

4 killed as a result of the terrorist-related aircraft 

5 crashes of September 11, 2001. 

6 (13) The deadline for filing claims for com7 pensation under the Victim Compensation Fund was 

8 December 22, 2003. 

9 (14) Some individuals did not know they were 

10 eligible to file claims for compensation for injuries or 

11 did not know they had suffered physical harm as a 

12 result of the terrorist-related aircraft crashes until 

13 after the December 22, 2003, deadline. 

14 (15) Further research is needed to evaluate 

15 more comprehensively the extent of the health im16 pacts of September 11, including research for 

17 emerging health problems such as cancer, which 

18 have been predicted. 

19 (16) Research is needed regarding possible 

20 treatment for the illnesses and injuries of September 

21 11. 

22 (17) The Federal response to medical and fi23 nancial issues arising from the September 11 re24 sponse efforts needs a comprehensive, coordinated 

25 long-term response in order to meet the needs of all 


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1 the individuals who were exposed to the toxins of 

2 Ground Zero and are suffering health problems from 

3 the disaster. 

4 TITLE I—EXTENDING PROTEC5 TIONS AND SERVICES TO 

6 THOSE EXPOSED TO TOXINS 

7 FROM 9/11 

8 SEC. 101. EXTENDING PROTECTIONS AND SERVICES TO 

9 THOSE EXPOSED TO TOXINS FROM 9/11. 

10 Part B of title III of the Public Health Service Act 

11 (42 U.S.C. 243 et seq.) is amended by inserting after sec12 tion 317S the following section: 

13 ‘‘SEC. 317T. EXTENDING PROTECTIONS AND SERVICES TO 

14 THOSE EXPOSED TO TOXINS FROM 9/11. 

15 ‘‘(a) PROGRAM EXTENSION.—For the purpose of en16 suring on-going monitoring, treatment, and data collection 

17 for victims of the September 11 terrorist attacks in New 

18 York City, the Secretary, acting through the National In19 stitute for Occupational Safety and Health of the Centers 

20 for Disease Control and Prevention, shall extend and ex21 pand, in accordance with this section, the arrangements 

22 in effect as of January 1, 2007, with the coordinating con23 sortium body and with the Fire Department of the City 

24 of New York that provide for the following: 


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1 ‘‘(1) Medical monitoring, including screening, 

2 clinical examinations, and long-term health moni3 toring and analysis, for individuals who were likely 

4 to have been exposed to airborne toxins that were re5 leased as a result of the aftermath of the terrorist 

6 attacks that occurred on September 11, 2001, in 

7 New York City. The extent and frequency of such 

8 monitoring shall be in accordance with guidelines de9 veloped by the program steering committee. 

10 ‘‘(2) Provision of treatment and payment, with11 out any cost-sharing, for all health and mental 

12 health care expenses (including necessary prescrip13 tion drugs) of individuals with a qualifying health 

14 condition, using a uniform standard of coverage for 

15 all eligible individuals. 

16 ‘‘(3) Collection of health and mental health 

17 data on such individuals, using a uniform system of 

18 data collection. 

19 ‘‘(b) COVERED INDIVIDUALS.—The program admin20 istered by the coordinating consortium body under sub21 section (a) shall be expanded so as to include, among the 

22 individuals described in subsection (a)(1) and under the 

23 arrangement with such body, any of the following individ24 uals if they are not otherwise covered under either of the 

25 arrangements described in such subsection: 


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1 ‘‘(1) Emergency service personnel and rescue 

2 and recovery personnel who responded in the New 

3 York City disaster area to the terrorist attacks that 

4 occurred on September 11, 2001, in New York City, 

5 any time during the period of September 11, 2001, 

6 through August 31, 2002. 

7 ‘‘(2) Any other worker or volunteer who re8 sponded in such area to such attacks at any time 

9 during such period, including— 

10 ‘‘(A) a police officer; 

11 ‘‘(B) a firefighter; 

12 ‘‘(C) an emergency medical technician; 

13 ‘‘(D) a transit worker; 

14 ‘‘(E) any participating member of an 

15 urban search and rescue team; 

16 ‘‘(F) Federal and State employees; 

17 ‘‘(G) a person who worked to recover 

18 human remains; and 

19 ‘‘(H) a person who worked on the criminal 

20 investigation. 

21 ‘‘(3) A worker who responded at any time dur22 ing such period to such attacks by assisting in the 

23 cleanup or restoration of critical infrastructure in 

24 the New York City disaster area. 


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1 ‘‘(4) A worker who assisted at any time during 

2 such period in the cleaning of a building situated in 

3 the New York City disaster area. 

4 ‘‘(5) A person whose place of residence at any 

5 time during such period was in the New York City 

6 disaster area. 

7 ‘‘(6) A person who was working at any time 

8 during such period in the New York City disaster 

9 area. 

10 ‘‘(7) A person who attended school, child care, 

11 or adult day care at any time during such period in 

12 a building located in the New York City disaster 

13 area. 

14 ‘‘(8) A person who was employed at any time 

15 during such period at the Fresh Kills recovery site 

16 on Staten Island. 

17 ‘‘(9) A person who was present in the New 

18 York City disaster area on September 11, 2001. 

19 ‘‘(10) Any other person whom the Secretary de20 termines to be appropriate. 

21 ‘‘(c) EXTENSION OF SERVICES.—In order to ensure 

22 reasonable access to monitoring and treatment for individ23 uals under subsection (a) who reside in the Downtown 

24 Manhattan area or who reside outside of the New York 


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1 City disaster area, the arrangements under such sub2 section shall be expanded— 

3 ‘‘(1) to enter into arrangements with the World 

4 Trade Center Environmental Health Center at Belle5 vue Hospital to coordinate and provide services for 

6 residents, office and area workers, and students in 

7 Downtown Manhattan and nearby areas; and 

8 ‘‘(2) to establish a nationwide network of health 

9 care providers to provide such monitoring and treat10 ment near such individuals’ areas of residence, or to 

11 establish a mechanism whereby individuals who re12 ceive monitoring or treatment for a qualifying health 

13 condition can be reimbursed for the cost of such 

14 monitoring or treatment. 

15 ‘‘(d) ADMINISTRATIVE ARRANGEMENT AUTHOR16 ITY.—Arrangements under subsection (a) may be modi17 fied, so as to provide for timely and accurate processing 

18 of claims, through entering into arrangements for the ad19 ministration of benefits using insurance companies or 

20 other third-party administrators. 

21 ‘‘(e) REQUIREMENT OF MEDICAL NECESSITY.—If a 

22 monitoring or treating physician, pursuant to an arrange23 ment under subsection (a), determines that an item or 

24 service for the provision of health or mental health care 

25 under subsection (a)(2) is medically necessary for an indiVerDate Aug 31 2005 04:28 Mar 28, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1638.IH H1638

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1 vidual, payment under such subsection shall be made 

2 available for the item or service. 

3 ‘‘(f) ELIGIBILITY CERTIFICATION FOR TREATMENT

4 BENEFITS.—Effective for treatment benefits furnished 

5 more than 60 days after the date of the enactment of this 

6 section, no individual shall be eligible for treatment bene7 fits described in paragraph (2) of subsection (a) under the 

8 arrangements described in such subsection unless a Fed9 eral employee designated by the Secretary has determined 

10 that the individual meets the applicable eligibility criteria 

11 under such arrangements (as modified by the section) for 

12 the receipt of such treatment benefits. Such Federal em13 ployee shall not deny certification if the individual meets 

14 the applicable eligibility criteria. 

15 ‘‘(g) COMMUNITY OUTREACH.—The Secretary shall 

16 institute a program that provides education and outreach 

17 on the existence and availability of services provided for 

18 under this section. Any such education and outreach shall 

19 be done in a manner intended to reach all affected popu20 lations and to include materials for culturally and linguis21 tically diverse populations. To the greatest extent possible, 

22 in carrying out this subsection, the Secretary should enter 

23 into partnerships with local governments and organiza24 tions with experience performing outreach. 


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1 ‘‘(h) CONTINUATION OF TREATMENT WHILE BEING

2 ENROLLED IN MEDICAL MONITORING PROGRAM.—In the 

3 case of an individual receiving medical treatment under 

4 the arrangements described in paragraph (2) of subsection 

5 (a) but who is not enrolled in the medical monitoring pro6 gram referred to in paragraph (1) of such subsection, the 

7 individual may continue to receive such treatment while 

8 the individual is being enrolled in such medical monitoring 

9 program. 

10 ‘‘(i) DEFINITIONS.—In this section: 

11 ‘‘(1) The term ‘coordinating consortium body’ 

12 means the body of medical providers that coordi13 nates the monitoring and treatment under the ar14 rangement under subsection (a) that covers individ15 uals who are not covered under the arrangement 

16 with the Fire Department for the City of New York. 

17 ‘‘(2) The term ‘New York City disaster area’ 

18 means an area, specified by the Secretary of Health 

19 and Human Services, within which individuals who 

20 resided, worked, or otherwise were regularly present 

21 during the period beginning on September 11, 2001, 

22 and ending on August 31, 2002, were likely to have 

23 been exposed to airborne toxins that were released 

24 as a result of the aftermath of the terrorist attacks 

25 that occurred on September 11, 2001, in New York 


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1 City, and includes the area within 2 miles of the pe2 rimeter of the former World Trade Center site. In 

3 determining the boundaries of the New York City 

4 disaster area, the Secretary shall take into consider5 ation peer-reviewed research that has demonstrated 

6 potential exposure to such toxins at a distance of 5 

7 miles or greater from the former World Trade Cen8 ter. 

9 ‘‘(3) The term ‘program steering committee’ 

10 means the committee, made up of a number of rep11 resentatives of the medical providers from the co12 ordinating consortium body and the Fire Depart13 ment of the City of New York, and an equal number 

14 of representatives of the covered individuals de15 scribed in subsection (b), that is responsible for the 

16 governance and coordination of the programs admin17 istered by the coordinating consortium body and the 

18 Fire Department of the City of New York under 

19 subsection (a). 

20 ‘‘(4) The term ‘qualifying health condition’ 

21 means an adverse health condition that is presumed 

22 by the program steering committee, in consultation 

23 with the Secretary, to be associated with exposure to 

24 one or more of the sites of the terrorist attacks that 

25 occurred on September 11, 2001, in New York City. 


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1 ‘‘(j) FINANCING.—Out of any funds in the Treasury 

2 not otherwise appropriated, there are hereby appropriated 

3 to the Secretary— 

4 ‘‘(1) for the period of fiscal years 2007 through 

5 2012, $1,900,000,000 and such additional sums as 

6 may be necessary to carry out this section; and 

7 ‘‘(2) for fiscal years 2013 through 2026, such 

8 sums as may be necessary to carry out this sec9 tion.’’. 

10 SEC. 102. RESEARCH REGARDING CERTAIN HEALTH CONDI11 TIONS. 

12 Part B of title IV of the Public Health Service Act 

13 (42 U.S.C. 284 et seq.) is amended by inserting after sec14 tion 409I the following section: 

15 ‘‘SEC. 409J. RESEARCH REGARDING CERTAIN HEALTH CON16 DITIONS OF INDIVIDUALS ASSISTING WITH 

17 RESPONSE TO SEPTEMBER 11 TERRORIST AT18 TACKS IN NEW YORK CITY. 

19 ‘‘(a) IN GENERAL.—With respect to individuals re20 ceiving monitoring under section 317T, the Secretary shall 

21 conduct or support— 

22 ‘‘(1) research on physical and mental health 

23 conditions that may be related to the September 11 

24 terrorist attacks; 


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1 ‘‘(2) research on diagnosing qualifying health 

2 conditions of such individuals, in the case of condi3 tions for which there has been diagnostic uncer4 tainty; and 

5 ‘‘(3) research on treating qualifying health con6 ditions of such individuals, in the case of conditions 

7 for which there has been treatment uncertainty. 

8 ‘‘(b) CONSULTATION.—The Secretary shall carry out 

9 this section in consultation with such program steering 

10 committee. 

11 ‘‘(c) APPLICATION OF PRIVACY AND HUMAN SUB12 JECT PROTECTIONS.—The privacy and human subject 

13 protections applicable to research conducted under this 

14 section shall not be less than such protections applicable 

15 to research otherwise conducted by the National Institutes 

16 of Health. 

17 ‘‘(d) ANNUAL REPORT.—The Secretary shall annu18 ally submit to the Congress a report describing the find19 ings of research under subsection (a). 

20 ‘‘(e) DEFINITIONS.—In this section, the terms ‘pro21 gram steering committee’ and ‘qualifying health condition’ 

22 have the meanings given to those terms in section 317T(i). 

23 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the 

24 purpose of carrying out this section, there are authorized 

25 to be appropriated such sums as may be necessary for 


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1 each of fiscal years 2008 through 2026, in addition to any 

2 other authorizations of appropriations that are available 

3 for such purpose.’’. 

4 SEC. 103. PROGRAMS REGARDING ATTACK AT PENTAGON. 

5 The Secretary of Health and Human Services may, 

6 to the extent determined appropriate by the Secretary, es7 tablish with respect to the terrorist attack at the Pentagon 

8 on September 11, 2001, programs similar to the programs 

9 that are established in sections 317T and 409J of the 

10 Public Health Service Act with respect to the terrorist at11 tacks on such date in New York City. 

12 TITLE II—9/11 HEALTH EMER13 GENCY COORDINATING 

14 COUNCIL 

15 SEC. 201. ESTABLISHMENT. 

16 The Secretary of Health and Human Services shall 

17 convene a council, to be known as ‘‘9/11 Health Emer18 gency Coordinating Council’’ (in this title referred to as 

19 the ‘‘Council’’), for the purpose of discussing, examining, 

20 and formulating recommendations with respect to the ade21 quacy and coordination of the following: 

22 (1) Care and compensation for the victims of 

23 the terrorist attacks of September 11, 2001. 

24 (2) Federal tracking of the monitoring of, and 

25 treatment for, individuals who are directly suffering 


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1 from, or may have long-term health effects from, 

2 such attacks. 

3 SEC. 202. MEMBERSHIP. 

4 (a) CHAIRPERSON.—The Secretary of Health and 

5 Human Services (or the Secretary’s designee) shall serve 

6 as the chairperson of the Council. 

7 (b) REQUIRED MEMBERS.—The members of the 

8 Council shall include the following: 

9 (1) The Secretary of Defense (or the Sec10 retary’s designee). 

11 (2) The Secretary of Labor (or the Secretary’s 

12 designee). 

13 (3) The Director of the Federal Emergency 

14 Management Agency (or the Director’s designee). 

15 (4) The Director of the National Institutes of 

16 Health (or the Director’s designee). 

17 (5) The Director of the National Institute for 

18 Occupational Safety and Health (or the Director’s 

19 designee). 

20 (6) A representative of the Crime Victims Fund 

21 established under section 1402 of the Victims of 

22 Crime Act of 1984 (42 U.S.C. 10601). 

23 (c) INVITEES.—The Secretary of Health and Human 

24 Services shall invite the following individuals to serve as 

25 members of the Council: 


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1 (1) The Governor of the State of New York (or 

2 the Governor’s designee). 

3 (2) The Governor of the State of New Jersey 

4 (or the Governor’s designee). 

5 (3) The Mayor of New York City (or the May6 or’s designee). 

7 (4) 1 representative of the New York City Fire 

8 Department. 

9 (5) 1 representative of the New York City Po10 lice Department. 

11 (6) 1 representative of the police department of 

12 the Port Authority of New York and New Jersey. 

13 (7) 1 representative of the New York State De14 partment of Health. 

15 (8) 1 representative of the New York State 

16 Workers’ Compensation Board. 

17 (9) 1 representative of the New York City De18 partment of Health and Mental Hygiene. 

19 (10) 1 representative of the New York City Of20 fice of Emergency Management. 

21 (11) 1 representative of the Association of Oc22 cupational and Environmental Clinics. 

23 (12) 1 representative of the New York Com24 mittee for Occupational Safety and Health 

25 (NYCOSH). 


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1 (13) 1 representative of charitable organizations 

2 that had volunteers at Ground Zero. 

3 (14) 20 representatives of labor unions reflect4 ing a cross section of workers who responded to, or 

5 assisted in the cleanup resulting from, the attack on 

6 the World Trade Center, including New York City 

7 police, fire, and other municipal employees, Port Au8 thority of New York and New Jersey police, State 

9 and Federal employees, construction employees, and 

10 employees involved in the resumption of services. 

11 (15) 20 representatives of community organiza12 tions that reflect a cross section of the concerns of 

13 residents, office workers, and students. 

14 (16) 5 representatives of nonprofit volunteer 

15 entities that assisted in recovery efforts following the 

16 terrorist attacks of September 11, 2001. 

17 (17) 5 representatives of a regional occupa18 tional provider that— 

19 (A) works with the World Trade Center 

20 Worker and Volunteer Medical Screening Pro21 gram; and 

22 (B) is under the direction of the Mount 

23 Sinai Center for Occupational and Environ24 mental Medicine. 


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1 SEC. 203. MEETINGS. 

2 The Council shall meet not less than 4 times each 

3 calendar year. 

4 SEC. 204. REPORTS. 

5 Not less than once each calendar year, the Council 

6 shall submit to the Congress a report on the recommenda7 tions of the Council. 

8 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

9 For the purpose of carrying out this title, there are 

10 authorized to be appropriated such sums as may be nec11 essary for each of fiscal years 2007 through 2026. 

12 TITLE III—SEPTEMBER 11 VIC13 TIM COMPENSATION FUND OF 

14 2001 

15 SEC. 301. DEADLINE EXTENSION FOR CERTAIN CLAIMS 

16 UNDER SEPTEMBER 11 VICTIM COMPENSA17 TION FUND OF 2001. 

18 Section 405(a)(3) of the Air Transportation Safety 

19 and System Stabilization Act (49 U.S.C. 40101 note) is 

20 amended to read as follows: 

21 ‘‘(3) LIMITATION.— 

22 ‘‘(A) IN GENERAL.—Except as provided by 

23 subparagraph (B), no claim may be filed under 

24 paragraph (1) after December 22, 2003. 

25 ‘‘(B) EXCEPTIONS.—A claim may be filed 

26 under paragraph (1) by an individual (or by a 


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1 personal representative on behalf of a deceased 

2 individual)— 

3 ‘‘(i) during the 5-year period after the 

4 date of enactment of this subparagraph, if 

5 the Special Master determines that the in6 dividual— 

7 ‘‘(I) did not know that the indi8 vidual had suffered physical harm as 

9 a result of the terrorist-related air10 craft crashes of September 11, 2001, 

11 until after December 22, 2003, and 

12 before the date of the enactment of 

13 this subparagraph; 

14 ‘‘(II) did not for any reason 

15 other than as described in subclause 

16 (I) know that the individual was eligi17 ble to file a claim under paragraph 

18 (1) until after December 22, 2003; 

19 ‘‘(III) suffered psychological 

20 harm as a result of the terrorist-re21 lated aircraft crashes; or 

22 ‘‘(IV) in the case of an individual 

23 who had previously filed a claim under 

24 this title, suffered a significantly 

25 greater physical harm than was 


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1 known to the individual as of the date 

2 the claim was filed and did not know 

3 the full extent of the physical harm 

4 suffered as a result of the terrorist-re5 lated aircraft crashes until after the 

6 date on which the claim was filed and 

7 before the date of enactment of this 

8 subparagraph; and 

9 ‘‘(ii) during the 5-year period after 

10 the date that the individual— 

11 ‘‘(I) first knew that the indi12 vidual had suffered physical or psy13 chological harm as a result of the ter14 rorist-related aircraft crashes of Sep15 tember 11, 2001, if the Special Mas16 ter determines that the individual did 

17 not know that the individual had suf18 fered such physical or psychological 

19 harm until a date that is on or after 

20 the date of enactment of this subpara21 graph; or 

22 ‘‘(II) in the case of an individual 

23 who had previously filed a claim under 

24 this title and had suffered a signifi25 cantly greater physical harm than was 


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1 known to the individual as of the date 

2 the claim was filed, or had suffered 

3 psychological harm as a result of the 

4 terrorist-related crashes, first knew 

5 the full extent of the physical and psy6 chological harm suffered as a result of 

7 the terrorist-related aircraft crashes, 

8 if the Special Master determines that 

9 the individual did not know the full 

10 extent of the harm suffered until a 

11 date that is on or after the date of the 

12 enactment of this subparagraph.’’. 

13 SEC. 302. EXCEPTION TO SINGLE CLAIM REQUIREMENT IN 

14 CERTAIN CIRCUMSTANCES. 

15 Section 405(c)(3)(A) of the Air Transportation Safe16 ty and System Stabilization Act (49 U.S.C. 40101 note) 

17 is amended to read as follows: 

18 ‘‘(A) SINGLE CLAIM.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided by clause (ii), not more than 1 claim 

21 may be submitted under this title by an in22 dividual or on behalf of a deceased indi23 vidual. 

24 ‘‘(ii) EXCEPTION.—A second claim 

25 may be filed under subsection (a)(1) by an 


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1 individual (or by a personal representative 

2 on behalf of a deceased individual) if the 

3 individual is an individual described in ei4 ther of clauses (i)(IV) or (ii)(II) of sub5 section (a)(3)(B).’’. 

6 SEC. 303. ELIGIBILITY OF CLAIMANTS SUFFERING FROM 

7 PSYCHOLOGICAL HARM. 

8 (a) IN GENERAL.—Section 405(c)(2)(A)(ii) of the Air 

9 Transportation Safety and System Stabilization Act (49 

10 U.S.C. 40101 note) is amended by inserting ‘‘, psycho11 logical harm,’’ before ‘‘or death’’. 

12 (b) CONFORMING AMENDMENT.—Section 

13 405(a)(2)(B)(i) of such Act is amended by striking ‘‘phys14 ical harm’’ and inserting ‘‘physical or psychological 

15 harm’’. 

16 SEC. 304. IMMEDIATE AFTERMATH DEFINED. 

17 Section 402 of the Air Transportation Safety and 

18 System Stabilization Act (49 U.S.C. 40101 note) is 

19 amended by adding at the end the following new para20 graph: 

21 ‘‘(11) IMMEDIATE AFTERMATH.—In section 

22 405(c)(2)(A)(i), the term ‘immediate aftermath’ 

23 means any period of time after the terrorist-related 

24 aircraft crashes of September 11, 2001, as deter25 mined by the Special Master, that was sufficiently 


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1 close in time to the crashes that there was a demon2 strable risk to the claimant of physical or psycho3 logical harm resulting from the crashes, including 

4 the period of time during which rescue, recovery, 

5 and cleanup activities relating to the crashes were 

6 conducted.’’. 

7 TITLE IV—PROGRAMS OF THE 

8 NEW YORK CITY DEPART9 MENT OF HEALTH AND MEN10 TAL HYGIENE 

11 SEC. 401. WORLD TRADE CENTER HEALTH REGISTRY. 

12 (a) PROGRAM EXTENSION.—For the purpose of en13 suring on-going data collection for victims of the Sep14 tember 11 terrorist attacks in New York City, the Sec15 retary of Health and Human Services, acting through the 

16 National Institute for Occupational Safety and Health of 

17 the Centers for Disease Control and Prevention, shall ex18 tend and expand the arrangements in effect as of January 

19 1, 2007, with the New York City Department of Health 

20 and Mental Hygiene that provide for the World Trade 

21 Center Health Registry. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

23 out this section, there are authorized to be appropriated 

24 such sums as may be necessary. 


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1 SEC. 402. MENTAL HEALTH SERVICES. 

2 (a) GRANTS.—The Secretary of Health and Human 

3 Services may make grants to the New York City Depart4 ment of Health and Mental Hygiene to provide mental 

5 health services to address the mental health needs of 

6 qualified individuals relating to the terrorist attacks that 

7 occurred on September 11, 2001, in New York City. 

8 (b) QUALIFIED INDIVIDUAL.—In this section, the 

9 term ‘‘qualified individual’’ means an individual who re10 sides in the New York City metropolitan area, but is not 

11 a covered individual described in section 317T(b) of the 

12 Public Health Service Act, as added by section 101 of this 

13 Act. 

Æ 


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