New Changes to 9/11 Zadroga Act Expand World Trade Center Health Program Benefits to Help Pentagon and Shanksville Responders

After intense lobbying in Congress (including a huge push by our friends at 9/11 Health Watch) to close an unintended gap in the Zadroga Act which denied lifetime health benefits to certain 9/11 hero responders, the  National Defense Authorization Act (NDAA) of 2024, signed by the President on December 22, 2023, has now fixed the problem.

Now, certain active duty, retired, or reserve members of the military, civilian employees of the Department of Defense (DOD), or certain DOD contractors who responded to the Pentagon or Shanksville sites are covered for lifetime health benefits and potential compensation awards from the 9/11 Victim Compensation Fund.  The partners at Hansen & Rosasco were directly involved in helping to lobby for this fix as it impacted some of our existing Pentagon responder clients. In fact, one of our clients who was a military reserve responder, attended the press conference announcing the passage of the new law.

Each year, Congress authorizes funding levels and provides authorities for the U.S. military and other critical defense priorities. The most recent updates to the NDAA for the fiscal year 2024 have marked a significant milestone in the ongoing efforts to provide benefits to 9/11 first responders, ensuring all those who responded to the September 11, 2001, terrorist attacks are recognized and included. This advancement particularly applies to 9/11 first responders who responded to the Pentagon and Shanksville, Pennsylvania attacks and who were members of the Armed Forces, federal employees, or federal contractors. Previously, support for these responders through the World Trade Center Health Program (WTCHP) was limited based on their responder categories. With the new NDAA rules, eligibility for the WTCHP is now inclusive – more responders impacted by the events of September 11th are now eligible for benefits and can access the medical treatment and monitoring that are essential for ongoing health and quality of life. 

The Need for Updates to the National Defense Authorization Act (NDAA)

The James Zadroga 9/11 Health and Compensation Act (Zadroga Act) was created to provide support for 9/11 survivors and responders in the form of medical monitoring and treatment through the WTCHP and financial compensation for 9/11-related losses through the September 11th Victim Compensation Fund (VCF). The Zadroga Act was reauthorized in 2015 and extended through 2090 with bipartisan support. 

The original Zadroga Act, while extensive, had limitations in its scope regarding who could receive support under the WTCHP. Those who responded to the crash sites at the Pentagon and in Shanksville, Pennsylvania who were members of the Armed Forces or were federal employees or contractors were not eligible to register with the WTCHP, even if they suffered loss from a 9/11-related health condition. Recognizing the similar risks and sacrifices made by all types of responders outside of New York City, there has been a growing call to broaden the program's eligibility. Responders who were outside of the original eligibility categories at the Pentagon and Shanksville sites were exposed to similar toxic environments as other responders at those sites and as those at the World Trade Center (WTC), and they require comparable health care and monitoring services.

2024 Updates to the NDAA

The NDAA updates address the issue of excluded responders by amending the Zadroga Act to expand eligibility for responders to include certain active duty, retired, or reserve members of the military, civilian employees of the Department of Defense (DOD), or certain DOD contractors who responded to the Pentagon or Shanksville, Pennsylvania sites. The amendment is modeled off the bipartisan 9/11 Responder and Survivor Health Funding Correction Act of 2023. By expanding the WTCHP eligibility, the 2024 updates of the NDAA acknowledge the health risks faced by all 9/11 responders, regardless of their geographical location or who their employer was on that day. These changes are a step towards providing ongoing support to every individual who played a role in the response efforts, ensuring they have access to the necessary health care services and compensation they deserve.

The 2024 NDAA updates also addressed the issue of securing funding for these new eligibility categories and dwindling funding in general for the WTCHP. Funding for the WTCHP was not keeping pace with the costs of health care inflation and increased participation in the program, and benefits for 9/11 first responders and survivors were at risk. The 2024 updates to the NDAA included a provision that will provide $444 million to remedy this funding shortfall. The provision also includes $232 million for a Pentagon/Shanksville fund, which secures funding for the previously excluded active duty and civilian DoD first responders at the Pentagon and Shanksville, Pennsylvania sites to join the WTCHP. 

What This Means for Pentagon and Shanksville Responders

The NDAA updates are a lifeline that ensures access to critical health care treatment and monitoring for 9/11 responders to the Pentagon and Shanksville crash sites who were previously excluded from eligibility. These individuals can now benefit from the WTCHP's comprehensive medical treatment and monitoring programs, which are specifically designed to address 9/11-related health conditions. The expansion of eligibility criteria means that more responders can receive the care they deserve, recognizing their sacrifices and the potential health impacts of their service during and after the attacks.

Reach Out to Hansen & Rosasco to Learn More

Understanding the nuances of the new health care coverage available to Pentagon and Shanksville responders can be explained to you by the paralegals in our full time dedicated WTC Health Program Department. NDAA updates and how they apply to individual cases can be complex. If you're a Pentagon or Shanksville responder affected by the 9/11 attacks, reaching out to an experienced 9/11 attorney can provide clarity and guidance on your eligibility for WTCHP benefits. Hansen & Rosasco, LLP has been representing 9/11 responder and survivor claims for over twenty years. We can help you determine your eligibility for the WTCHP and VCF under the expanded eligibility criteria of the 2024 NDAA update. Our team is dedicated to ensuring that all 9/11 responders and survivors receive the benefits and support they are entitled to under the law. Contact Hansen & Rosasco, LLP today for a free consultation.