§300mm–5 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines the key words used for the World Trade Center Health Program so people know what the program means when it uses certain terms. "Aggravating" means a health problem that already existed on September 11, 2001, and got worse because of exposure to airborne toxins or other harms from the attacks, so it needs extra, more frequent, or longer medical care than it would have without that exposure. "Initial health evaluation" means taking a medical and exposure history, doing a physical exam, and ordering tests as needed to see if someone has a WTC-related condition and is eligible for care. "New York City disaster area" means Manhattan south of Houston Street plus any Brooklyn block at least partly inside a 1.5-mile radius of the former World Trade Center site. "New York metropolitan area" means the area the Program Administrator picks where people can reasonably get care through a Clinical Center of Excellence. Terms like certified-eligible WTC survivor, screening-eligible WTC survivor, enrolled WTC responder, Clinical Center of Excellence, Data Center, WTC responder, and WTC-related health condition are given meanings elsewhere in the law. "Federal agency" means an agency in the executive, legislative, or judicial branch. References to September 11, 2001 mean the period on that date after the attacks in New York City, Shanksville, Pennsylvania, or the Pentagon, and "September 11, 2001, terrorist attacks" includes those events and their aftermath. The WTC Program Administrator is either an HHS official designated by the Secretary for certain enrollment, payment, and certification duties or the Director of the National Institute for Occupational Safety and Health (or that Director’s designee) for other duties; the Secretary may not name the NIOSH Director (or their designee) to carry out the payment rules for initial evaluation, monitoring, and treatment. The WTC Health Program, Steering Committee, and Scientific/Technical Advisory Committee refer to the program and committees created by the law.

Title 42, §300mm–5

The Public Health and Welfare — Source: USLM XML via OLRC

In this subchapter:

(1)The term “aggravating” means, with respect to a health condition, a health condition that existed on September 11, 2001, and that, as a result of exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001, terrorist attacks, requires medical treatment that is (or will be) in addition to, more frequent than, or of longer duration than the medical treatment that would have been required for such condition in the absence of such exposure.

(2)The term “certified-eligible WTC survivor” has the meaning given such term in section 300mm–31(a)(2) of this title.

(3)The terms “Clinical Center of Excellence” and “Data Center” have the meanings given such terms in section 300mm–4 of this title.

(4)The term “enrolled WTC responder” means a WTC responder enrolled under section 300mm–21(a)(3) of this title.

(5)The term “Federal agency” means an agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government.

(6)The term “initial health evaluation” includes, with respect to an individual, a medical and exposure history, a physical examination, and additional medical testing as needed to evaluate whether the individual has a WTC-related health condition and is eligible for treatment under the WTC Program.

(7)The term “list of WTC-related health conditions” means—

(A)for WTC responders, the health conditions listed in section 300mm–22(a)(3) of this title; and

(B)for screening-eligible and certified-eligible WTC survivors, the health conditions listed in section 300mm–32(b) of this title.

(8)The term “New York City disaster area” means the area within New York City that is—

(A)the area of Manhattan that is south of Houston Street; and

(B)any block in Brooklyn that is wholly or partially contained within a 1.5-mile radius of the former World Trade Center site.

(9)The term “New York metropolitan area” means an area, specified by the WTC Program Administrator, within which WTC responders and eligible WTC screening-eligible survivors who reside in such area are reasonably able to access monitoring and treatment benefits and initial health evaluation benefits under this subchapter through a Clinical Center of Excellence described in subparagraphs (A), (B), or (C) of section 300mm–4(b)(1) of this title.

(10)The term “screening-eligible WTC survivor” has the meaning given such term in section 300mm–31(a)(1) of this title.

(11)Any reference to “September 11, 2001” shall be deemed a reference to the period on such date subsequent to the terrorist attacks at the World Trade Center, Shanksville, Pennsylvania, or the Pentagon, as applicable, on such date.

(12)The term “September 11, 2001, terrorist attacks” means the terrorist attacks that occurred on September 11, 2001, in New York City, in Shanksville, Pennsylvania, and at the Pentagon, and includes the aftermath of such attacks.

(13)The term “uniformed services” has the meaning given the term in section 101(a) of title 10.

(14)The term “WTC Health Program Steering Committee” means such a Steering Committee established under section 300mm–1(b) of this title.

(15)The term “WTC Program” means the Word Trade Center Health Program established under section 300mm(a) of this title.

(16)(A)The term “WTC Program Administrator” means—

(i)subject to subparagraph (B), with respect to paragraphs (3) and (4) of section 300mm–21(a) of this title (relating to enrollment of WTC responders), section 300mm–22(c) of this title and the corresponding provisions of section 300mm–32 of this title (relating to payment for initial health evaluation, monitoring, and treatment,11 So in original. A closing parenthesis probably should precede the comma. paragraphs (1)(C), (2)(B), and (3) of section 300mm–31(a) of this title (relating to determination or certification of screening-eligible or certified-eligible WTC responders), and subpart 3 of part B (relating to payor provisions), an official in the Department of Health and Human Services, to be designated by the Secretary; and

(ii)with respect to any other provision of this subchapter, the Director of the National Institute for Occupational Safety and Health, or a designee of such Director.

(B)In no case may the Secretary designate under subparagraph (A)(i) the Director of the National Institute for Occupational Safety and Health or a designee of such Director with respect to section 300mm–32 of this title (relating to payment for initial health evaluation, monitoring, and treatment).

(17)The term “WTC-related health condition” is defined in section 300mm–22(a) of this title.

(18)The term “WTC responder” is defined in section 300mm–21(a) of this title.

(19)The term “WTC Scientific/Technical Advisory Committee” means such Committee established under section 300mm–1(a) of this title.

Editorial Notes

Amendments

2023—Pars. (5) to (19). Pub. L. 118–31 added pars. (5) and (13) and redesignated former pars. (5) to (11) and (12) to (17) as (6) to (12) and (14) to (19), respectively.

§300mm–5 Definitions

Summary

Title 42, §300mm–5

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata