§ 300mm–31.
Identification and initial health evaluation of screening-eligible and certified-eligible WTC survivors
(a)
Identification of screening-eligible WTC survivors and certified-eligible WTC survivors
(1)
Screening-eligible WTC survivors
(A)
Definition
In this subchapter, the term “screening-eligible WTC survivor” means, subject to subparagraph (C) and paragraph (3), an individual who is described in any of the following clauses:
(i)
Currently identified survivor
(ii)
Survivor who meets current eligibility criteria
(iii)
Survivor who meets modified eligibility criteria
The Administrator shall not modify such criteria under clause (iii) on or after the date that the number of certifications for certified-eligible WTC survivors under paragraph (2)(B) has reached 80 percent of the limit described in paragraph (3) or on or after the date that the number of enrollments of WTC responders has reached 80 percent of the limit described in
section 300mm–21(a)(4) of this title.
(B)
Current eligibility criteria
The eligibility criteria described in this subparagraph for an individual are that the individual is described in any of the following clauses:
(i)
A person who was present in the New York City disaster area in the dust or dust cloud on September 11, 2001.
(ii)
A person who worked, resided, or attended school, childcare, or adult daycare in the New York City disaster area for—
(I)
at least 4 days during the 4-month period beginning on September 11, 2001, and ending on January 10, 2002; or
(II)
at least 30 days during the period beginning on September 11, 2001, and ending on July 31, 2002.
(iii)
Any person who worked as a cleanup worker or performed maintenance work in the New York City disaster area during the 4-month period described in subparagraph (B)(i) and had extensive exposure to WTC dust as a result of such work.
(iv)
A person who was deemed eligible to receive a grant from the Lower Manhattan Development Corporation Residential Grant Program, who possessed a lease for a residence or purchased a residence in the New York City disaster area, and who resided in such residence during the period beginning on September 11, 2001, and ending on May 31, 2003.
(v)
A person whose place of employment—
(I)
at any time during the period beginning on September 11, 2001, and ending on May 31, 2003, was in the New York City disaster area; and
(II)
was deemed eligible to receive a grant from the Lower Manhattan Development Corporation WTC Small Firms Attraction and Retention Act program or other government incentive program designed to revitalize the lower Manhattan economy after the September 11, 2001, terrorist attacks.
(C)
Application and determination process for screening eligibility
(i)
In general
The WTC Program Administrator in consultation with the Data Centers shall establish a process for individuals, other than individuals described in subparagraph (A)(i), to be determined to be screening-eligible WTC survivors. Under such process—
(I)
there shall be no fee charged to the applicant for making an application for such determination;
(II)
the Administrator shall make a determination on such an application not later than 60 days after the date of filing the application;
(III)
the Administrator shall make such a determination relating to an applicant’s compliance with this subchapter and shall not determine that an individual is not so eligible or deny written documentation under clause (ii) to such individual unless the Administrator determines that—
(aa)
based on the application submitted, the individual does not meet the eligibility criteria; or
(bb)
the numerical limitation on certifications of certified-eligible WTC survivors set forth in paragraph (3) has been met; and
(IV)
an individual who is determined not to be a screening-eligible WTC survivor shall have an opportunity to appeal such determination in a manner established under such process.
(ii)
Written documentation of screening-eligibility
(I)
In general
(II)
Timing
(aa)
Currently identified survivors
(bb)
Other members
(2)
Certified-eligible WTC survivors
(B)
Certification of eligibility for monitoring and treatment
(ii)
Timing
(I)
Currently identified survivors
(II)
Other members
(3)
Numerical limitation on certified-eligible WTC survivors
(B)
Process
In implementing subparagraph (A), the WTC Program Administrator shall—
(i)
limit the number of certifications provided under paragraph (2)(B)—
(I)
in accordance with such subparagraph; and
(II)
to such number, as determined by the Administrator based on the best available information and subject to amounts made available under this subchapter, that will ensure sufficient funds will be available to provide treatment and monitoring benefits under this subchapter, with respect to all individuals receiving such certifications; and
(ii)
provide priority in such certifications in the order in which individuals apply for a determination under paragraph (2)(B).
(4)
Disqualification of individuals on terrorist watch list
(b)
Initial health evaluation to determine eligibility for followup monitoring or treatment
(2)
Initial health evaluation providers
(3)
Limitation on initial health evaluation benefits
([July 1, 1944, ch. 373], title XXXIII, § 3321, as added [Pub. L. 111–347, title I, § 101], Jan. 2, 2011, [124 Stat. 3648]; amended [Pub. L. 114–113, div. O, title III, § 302(f)], Dec. 18, 2015, [129 Stat. 3000]; [Pub. L. 116–59, div. B, title VI, § 1602(b)], Sept. 27, 2019, [133 Stat. 1107]; [Pub. L. 117–328, div. FF, title VII, § 7701(b)(2)], Dec. 29, 2022, [136 Stat. 5965]; [Pub. L. 118–31, div. A, title XVIII, § 1851(c)(2)], Dec. 22, 2023, [137 Stat. 708].)