Page:United States Statutes at Large Volume 124.djvu/3661

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124 STAT. 3635 PUBLIC LAW 111–347—JAN. 2, 2011 ‘‘(B) In no case may the Secretary designate under subpara- graph (A)(i) the Director of the National Institute for Occupa- tional Safety and Health or a designee of such Director with respect to section 3322 (relating to payment for initial health evaluation, monitoring, and treatment). ‘‘(15) The term ‘WTC-related health condition’ is defined in section 3312(a). ‘‘(16) The term ‘WTC responder’ is defined in section 3311(a). ‘‘(17) The term ‘WTC Scientific/Technical Advisory Com- mittee’ means such Committee established under section 3302(a). ‘‘Subtitle B—Program of Monitoring, Initial Health Evaluations, and Treatment ‘‘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 indi- vidual 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 Hos- pital 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 CRI- TERIA.—An individual who meets the current eligibility criteria described in paragraph (2). ‘‘(C) RESPONDER WHO MEETS MODIFIED ELIGIBILITY CRI- TERIA.—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 expo- sure to airborne toxins, other hazards, or adverse conditions resulting from the September 11, 2001, ter- rorist 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 42 USC 300mm–21.