WASHINGTON, D.C. – Congresswoman Lois Capps used today’s Energy and Commerce Committee’s Health Subcommittee hearing on the James Zadroga 9/11 Health and Compensation Act of 2008 (H.R. 6594) to call on Congress to improve access to care for those affected by the attacks and to learn from this experience as the U.S. prepares for future scenarios that present public health emergencies.

Capps is a cosponsor of H.R. 6594, which would ensure medical monitoring for everyone who was exposed to toxins released by the collapse of the World Trade Center towers, provide treatment for anyone who is sick as a result, and provide compensation for economic losses by reopening the 9/11 Victim Compensation Fund.  Under this bill, proper care would be guaranteed to the thousands of people who came from across the country to respond to the 9/11 attacks.

“Nearly seven years after the tragic attacks of 9/11, far too many Americans are still struggling with the adverse health affects of those attacks,” said Capps, Vice-Chair of the Energy and Commerce Committee’s Health Subcommittee.  “Just as troubling, it appears that our government still has a lot to learn from this experience as we prepare for future scenarios that present public health emergencies.  Failing to learn from past experiences and taking steps to prevent problems in the future is simply unacceptable.  We have to do better, both in caring for every individual who is suffering physically or psychologically as a result of 9/11 and in ensuring that we are better prepared to respond to another public health emergency.  The James Zadroga 9/11 Health and Compensation Act puts us on a path to accomplishing both of these priorities and I hope that this bill moves quickly through the legislative process.”

To date, 1035 Californians have signed up for the World Trade Center Health Registry, indicating that they were in lower Manhattan on or shortly after 9/11 and now have serious concerns about their health.

Background

The collapse of the Twin Towers on September 11, 2001 released a massive dust cloud containing thousands of tons of coarse and fine particulate matter, cement dust, glass fibers, asbestos, lead, hydrochloric acid, and other toxic pollutants.  Hundreds of thousands of people were exposed to the toxins of Ground Zero, including first responders; rescue, recovery, and clean-up workers; volunteers from all 50 states; and area residents, office workers, and schoolchildren.  Thousands of people are now sick as a result of their exposure.               

Summary of the James Zadroga 9/11 Health and Compensation Act

In general, the bill would:

*          Ensure that everyone exposed to the Ground Zero toxins has a right to be medically monitored and all who are sick as a result have a right to treatment;

*          Expand care to the entire exposed community, which includes residents, area workers and school children as well as the thousands of people from across the country who assisted with the recovery and clean-up effort; and

*          Provide compensation for economic damages by reopening the 9/11 Victim Compensation Fund.

Specifically, the bill would:

Establish the World Trade Center Health Program, within the National Institute for Occupational Safety and Health (NIOSH), to provide medical monitoring and treatment for WTC-related conditions to WTC responders and community members.

Establish a medical monitoring and treatment program for WTC responders and a medical monitoring/screening and treatment program for the community to be delivered through Clinical Centers of Excellence and coordinated by Coordinating Centers of Excellence. The Coordinating Centers of Excellence collect and analyze uniform data, coordinate outreach, develop the medical monitoring and treatment protocols, and oversee the steering committees for the responder and community health programs

Provide Monitoring and Treatment for WTC Responders in the NY area: If a responder is determined to be eligible for monitoring based on the monitoring eligibility criteria provided for in the bill, then that responder has a right to medical monitoring that is paid for by the program.

Provide Monitoring /Screening and Treatment for eligible community members: The bill establishes a community program to provide monitoring or screening and medical treatment to eligible community members. It sets forth geographic and exposure criteria for defining the potential population who may be eligible for the program (i.e. those who lived, worked or were present in lower Manhattan, South of Houston Street or in Brooklyn within a 1.5 mile radius of the WTC site for certain defined time periods payment rate based on Medicare rates.

Provide Monitoring and Treatment for eligible individuals outside of the NY area: The program administrator will establish a nationwide network of providers so that eligible individuals who live outside of the NY area can reasonably access monitoring and treatment benefits near where they live. These eligible individuals are included in the caps on the number of participants in the responder and community programs.

Provide for Research into Conditions: In consultation with the Program Steering Committee and under all applicable privacy protections, HHS will conduct or support research about conditions that may be WTC-related, and about diagnosing and treating WTC-related conditions.

Extend support for NYC Department of Health and Mental Hygiene programs: NIOSH would extend and expand support for the World Trade Center Health Registry and provide grants for the mental health needs of individuals who are not otherwise eligible for services under this bill.

Reopen the September 11 Victim Compensation Fund (VCF): The fund would be reopened to provide compensation for economic damages and loss for individuals who did not file before or became ill after the original December 22, 2003 deadline. The bill would allow for adjustment of previous awards if the Special Master of the fund determines the medical conditions of the claimant warrants an adjustment and amend eligibility rules so that responders to the 9/11 attacks who arrived later than the first 96 hours could be eligible if they experienced illness or injury from their work at the site.

Provide Indemnity to Construction Contractors and the City of New York: The bill would provide indemnity for pending and future claims and liability related to the rescue and recovery efforts in response to the September 11, 2001 World Trade Center attacks. The federal government is authorized to seek recovery from any existing insurance
coverage for any indemnity payments that are made.

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Pictured above: (center) Congresswoman Capps meets with Central Coast firefighters to discuss emergency preparedness.