Why are there Pentagon and Shanksville 9/11 Responders who can not enroll in the WTC Health Program?
In 2010, the James Zadroga 9/11 Health and Compensation Act was passed to provide health care and compensation to all 9/11 responders and survivors to the World Trade Center and to all the responders to the Pentagon and Shanksville as well.
Here is the description of the Pentagon Shanksville component of the Word Trade Center Health Program and the program’s Pentagon Shanksville application.
However, based on an interpretation of the original law from 2010, the Department of Health and Human Services (HHS) had not been enrolling some Pentagon and Shanksville responders in the World Trade Center Health Program including many soldiers and sailors who were active-duty military on 9/11.
Although over 1,200 Pentagon and Shanksville responders are enrolled to in the World Trade Center Health Program so far, making up 1% of the 125,000 total responders and survivors in the program, the HHS counsel’s office had determined that certain responders who were Federal employees, who were not law enforcement could not be enrolled in the program.
While employees of Federal agencies including Department of Defense employees both, military and civilian, who responded to the World Trade Center attack in New York have been admitted to the WTC Health Program, Department of Defense, active-duty military and civilian responders and responders from other Federal Agencies who deployed to the Pentagon and Shanksville crash site had not been allowed to join the WTC Health Program.
For example, many companies of the 3d U.S. Infantry Regiment the “Old Guard “ responded on 9/11 and in the days after, but those soldiers could not enroll in the World Trade Center Health Program.
It was never the intention of the original sponsors of the 2010 bill to exclude any 9/11 responder to the Pentagon or Shanksville from being able to enroll in the health program especially any members of the military.
Here is a NY Daily News article about the issue from August 29th 2022, Veterans who worked as 9/11 first responders can’t access WTC health program due to a technicality.
According to HHS, over the last ten years HHS had denied at least 15 Department of Defense employees, civilian and active military at the time, who responded to the Pentagon and Shanksville, applied and were rejected that they know about that there are certainly more responders than that who should be able to join the program and are being excluded from the program.
What was done about it?
To fix this problem Senators Kirsten Gillibrand (D-NY) and Charles Schumer (D-NY) along with Members of Congress Andrew Garbarino (R-NY), Jerrold Nadler (D-NY)), Anthony D ’Esposito (R-NY), Dan Goldman ( (D-NY) and other members of Congress have introduced bi partisan legislation, the 9/11 Responder and Survivor Health Funding Correction Act of 2023 HR.1294/ S.569.
This legislation would fix this problem and allowing responders who were employees of Federal agencies including Department of Defense both, military and civilian, and responders from other Federal Agencies who deployed to the Pentagon and Shanksville crash site to enroll in the World Trade Center Health Program and get medical monitoring and treatment.
It would also fix the impending budget shortfall facing the WTC Health Program and ensure that it would be fully funded going forward.
Gillibrand Braun Amendment to National Defense Authorization Act
On July 27th, 2023 Senator Kirsten Gillibrand ( D-NY), along with Senator Mike Braun (R-IN) sponsored an amendment to the National Defense Authorization Act ( NDAA) , amendment #1065 that was successfully adopted by an overwhelming bi partisan vote of 94 to 4. Regretfully 4 Senators, Mike Lee (R-UT), Markwayne Mullin (R-OK), Rand Paul (R-KY) and Tommy Tuberville (R-AL) voted no.
The Amendment did the following:
- Ensure that all 9/11 responders to the Pentagon and Shanksville who were active-duty DOD military or civilians, along with other Federal employees, will be able to join the program. Currently some responders to the Pentagon and Shanksville sites are prevented from joining.
- Help to close the impending funding shortfall facing the World Trade Center Health Program by providing an additional $444 million dollars to the program over the next ten years.
- This amendment was fully paid for under legislative rules.
Citizens for the Extension of the James Zadroga Act released a statement thanking Senators Kirsten Gillibrand (D-NY) and Majority Leader Charles Schumer (D-NY),who were joined in this bipartisan effort by Indianna Senator Mike Braun (R-IN) for their work on behalf of 9/11 injured and ill responders who now will be able to be served by the program and for the responders and survivors in the program already.
On December 7th, 2023, the leaders of the House and Senate announced agreement on a final version of the National Defense Authorization Act that included the Gillibrand Braun Amendment. Citizens for the Extension of the James Zadroga Act issued a statement “We are grateful for the continuing bipartisan efforts of the House and Senate, on behalf of 9/11 injured and ill responders, ensuring this amendment remained in the final version of the legislation and thank Congressman Garbarino, Speaker Johnson, Senators Gillibrand, Schumer, Braun for their work.”
The amendment would not have been included in the final version of the bill without the work of Congressman Andrew Garbarino (R-NY) who was instrumental in overcoming resistance in the House to keeping the amendment in the bill by getting Speaker Johnsons crucial and strong support for injured ill 9/11 responders that assured the amendment.
With the passage of this amendment, we expect that within a few months the World Trade Center Health Program will be able to start enrolling Pentagon and Shanksville responders who had been denied enrollment previously.
Also, the 444 million dollars provided for by the amendment to deal with the programs impending deficit will further push back the imposition of any cuts in services to the program members until the larger problems of program funding are resolved.
Statements by Citizens for the Extension of the James Zadroga Act
December 7, 2023
Today the Leadership of the House and the Senate announced agreement on a final version of the National Defense Authorization Act (NDAA) that will be put before both Houses of Congress and if passed sent to President Biden to be signed into law will include the $676 million amendment, sponsored by Senator Kirsten Gillibrand (D-NY) […]
July 27, 2023
Today’s amendment to the National Defense Authorization Act (NDAA), which passed the Senate by an overwhelming vote of 94 to 4, was sponsored by Senator Kirsten Gillibrand (D-NY) and Senator Mike Braun (R-IN), along with Senator Charles Schumer(D-NY) and will: This amendment was fully paid for under legislative rules. Benjamin Chevat, Executive Director of Citizens […]
News Articles
December 12, 2023 — Newsday — A ‘speaker’ for 9/11 health funding
Advocates and survivors who’ve spent more than a decade fighting for funding for those with 9/11-related illnesses found an unlikely ally.
December 8, 2023 — NY Daily News — Feds fix loophole preventing soldiers from getting 9/11 healthcare
Additions to the National Defense Authorization Act will now allow soldiers and sailors who helped sift through the rubble at the Pentagon and Shanksville, PA to enroll in the WTC Health Program.
December 7, 2023 — Newsday — World Trade Center Health Program gets $676 million in final defense bill
The annual defense bill released late Wednesday authorizes $676 million for the WTC Health Program to extend services to those who responded on 9/11 at the Pentagon and in Shanksville, Pennsylvania.
December 7, 2023 — Congressman Andrew Garbarino — Garbarino, Gillibrand Secure Funding For 9/11 Health Care in Annual Defense Package
This legislation will provide $444 million to address the WTCHP funding gap and $232 million to extend coverage for military and civilian 9/11 responders at the Pentagon and Shanksville, PA.
July 27, 2023 — Newsday — Senate approves $676 million for World Trade Center health fund
The Senate overwhelmingly approved an amendment to the National Defense Authorization Act Thursday to address the World Trade Center Health Program’s funding shortfall and to expand its services.
August 29, 2022 — NY Daily News — Veterans who worked as 9/11 first responders can’t access WTC health program due to technicality
Nate Coward didn’t ask questions when his company of the Army’s 3rd Infantry Regiment was called on to recover and bury the Pentagon’s dead.
December 18, 2022 — Newsday — Fate of WTC Health Program funding tied to omnibus spending bill
A $3.6 billion measure to fully fund the WTC Health Program over the next decade hangs in the balance as lawmakers negotiate on an omnibus bill to fund the government for the rest of the fiscal year.
Editorial Support
December 9, 2023 — NY Daily News — Mike Johnson’s 9/11 moment: The House speaker comes through for the World Trade Center Health Program
He found a way to fill in part of the shortfall in the CDC’s WTC Health Program that provides medical care for the responders and survivors who still suffer from the toxic fallout from the WTC’s destruction.
August 30, 2022 — NY Daily News — Cover them too: Defense personnel should be covered by the 9/11 health program
Why does the health program set up by Congress for responders and survivors exclude Department of Defense personnel?
Documents
January 12th, 2024, CRS WTC Health Program Background
December 11th, 2023 National Defense Authorization Act Conference Report Section 1851 Page 1504.
July 27th, 2023, Summary of Gillibrand Braun Amendment 1065
July 27th, 2023, Senate Roll Call 206 on Amendment 1065