Page:United States Statutes at Large Volume 124.djvu/3665

 124 STAT. 3639 PUBLIC LAW 111–347—JAN. 2, 2011 ‘‘(ii) provide priority (subject to paragraph (3)(A)(i)) in such enrollments in the order in which individuals apply for enrollment under paragraph (3). ‘‘(5) DISQUALIFICATION OF INDIVIDUALS ON TERRORIST WATCH LIST.—No individual who is on the terrorist watch list maintained by the Department of Homeland Security shall qualify as an eligible WTC responder. Before enrolling any individual as a WTC responder in the WTC Program under paragraph (3), the Administrator, in consultation with the Sec- retary of Homeland Security, shall determine whether the indi- vidual is on such list. ‘‘(b) MONITORING BENEFITS.— ‘‘(1) IN GENERAL.—In the case of an enrolled WTC responder (other than one described in subsection (a)(2)(A)(ii)), the WTC Program shall provide for monitoring benefits that include mon- itoring consistent with protocols approved by the WTC Program Administrator and including clinical examinations and long- term health monitoring and analysis. In the case of an enrolled WTC responder who is an active member of the Fire Depart- ment of New York City, the responder shall receive such bene- fits as part of the individual’s periodic company medical exams. ‘‘(2) PROVISION OF MONITORING BENEFITS.—The monitoring benefits under paragraph (1) shall be provided through the Clinical Center of Excellence for the type of individual involved or, in the case of an individual residing outside the New York metropolitan area, under an arrangement under section 3313. ‘‘SEC. 3312. TREATMENT OF ENROLLED WTC RESPONDERS FOR WTC - RELATED HEALTH CONDITIONS. ‘‘(a) WTC-RELATED HEALTH CONDITION DEFINED.— ‘‘(1) IN GENERAL.—For purposes of this title, the term ‘WTC- related health condition’ means a condition that— ‘‘(A)(i) is an illness or health condition for which expo- sure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001, terrorist attacks, based on an examination by a medical professional with experience in treating or diagnosing the health conditions included in the applicable list of WTC- related health conditions, is substantially likely to be a significant factor in aggravating, contributing to, or causing the illness or health condition, as determined under para- graph (2); or ‘‘(ii) is a mental health condition for which such attacks, based on an examination by a medical professional with experience in treating or diagnosing the health condi- tions included in the applicable list of WTC-related health conditions, is substantially likely to be a significant factor in aggravating, contributing to, or causing the condition, as determined under paragraph (2); and ‘‘(B) is included in the applicable list of WTC-related health conditions or— ‘‘(i) with respect to a WTC responder, is provided certification of coverage under subsection (b)(2)(B)(iii); or ‘‘(ii) with respect to a screening-eligible WTC sur- vivor or certified-eligible WTC survivor, is provided 42 USC 300mm–22. Determination.