[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4022 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 4022

 To provide protections and services to certain individuals after the 
terrorist attack on September 11, 2001, in New York City, in the State 
                  of New York, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2006

Mrs. Clinton (for herself, Mr. Schumer, and Mr. Kennedy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To provide protections and services to certain individuals after the 
terrorist attack on September 11, 2001, in New York City, in the State 
                  of New York, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Remember 9/11 Health Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Thousands of rescue workers who responded to the areas 
        devastated by the terrorist attacks of September 11th and local 
        residents continue to suffer significant medical problems as a 
        result of compromised air quality and other toxins at the 
        attack sites.
            (2) To date, the Mount Sinai Center for Occupational and 
        Environmental Medicine in New York City has examined 
        approximately 9,000 first responders and Ground Zero workers. 
        Of those examined, more than 50 percent show physical or mental 
        health problems that are directly related to their work at the 
        World Trade Center and Fresh Kill sites.
            (3) Except for funds recently appropriated by Congress 
        reversing a rescission by the President's Budget, it appears 
        that there is no Federal program currently in existence to 
        support the full medical and mental health treatment needs of 
        those who responded to the September 11, 2001 attacks and who 
        continue to experience health problems as a result.
            (4) A significant portion of those who responded to the 
        September 11th aftermath have no health insurance, lost their 
        health insurance as a result of the attacks, or have inadequate 
        health insurance for the medical conditions they developed as a 
        result of recovery work at the World Trade Center site.
            (5) Rescue workers and volunteers seeking workers 
        compensation apparently have had their applications denied, 
        delayed for months, or redirected, instead of receiving 
        assistance in a timely and supportive manner.
            (6) Confusion still exists within the population of 
        recovery workers and first responders about where to obtain 
        compensation for income losses and medical costs related to 
        their service in the September 11th recovery effort.
            (7) Residents of the City of New York need to be included 
        in any health monitoring program to best protect their long-
        term health.
            (8) Federal aid allocated for the monitoring of rescue 
        workers' health may need to be increased to ensure the long-
        term study of the health impacts of 9/11.
            (9) Research on the health impacts of the devastation 
        caused by the September 11th terrorist attacks has started, 
        with initial findings of relationships between the air quality 
        from Ground Zero and a host of health impacts including, lower 
        pregnancy rates, lower birth weights in babies born 9 months 
        after the disaster, and higher rates of respiratory and lung 
        disorders in workers and residents near Ground Zero.
            (10) Further research is needed to evaluate more 
        comprehensively the health impacts of the events of September 
        11, 2001 and research is needed regarding possible treatment 
        for the illnesses and injuries as a result of such events.
            (11) The Federal response to medical issues arising from 
        September 11th response efforts needs to be improved to meet 
        the needs of rescue workers and local residents still suffering 
        health problems from the disaster.
            (12) A Federal agency or official needs to be designated to 
        coordinate and monitor the overall Federal response to the 
        health impacts of the events of September 11, 2001.

SEC. 3. HEALTH CARE INSURANCE.

    Subtitle B of title VI of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5197 et seq.) is amended by 
adding at the end the following:

``SEC. 630. PROTECTIONS FOR CERTAIN INDIVIDUALS.

    ``(a) Work Injuries.--For purposes of subchapter I of chapter 81 of 
title 5, United States Code (relating to compensation to Federal 
employees for work injuries), eligible recipients (as defined in 
subsection (d)) shall be deemed civil employees of the United States 
within the meaning of the term `employee' as defined in section 8101 of 
title 5, United States Code, and the provisions of such subchapter 
shall apply to such recipients.
    ``(b) Personal Property.--For the purpose of claims relating to 
damage to, or loss of, the personal property of an eligible recipient 
incident to service, an eligible recipient shall be considered in the 
same manner as if such eligible recipient was a civil employee of the 
Government of the United States, except that an eligible recipient 
shall not be responsible for the payment of any health care expenses, 
including mental health coverage, prescription drugs, or copayments for 
any health or mental health care expenses that result from exposure to 
the adverse conditions existing after the terrorist attack on September 
11, 2001.
    ``(c) General Rule.--Except as otherwise provided for in this 
section, an eligible recipient shall not be deemed a Federal employee 
and shall not be subject to the provisions of law relating to Federal 
employment, including those relating to hours of work, rates of 
compensation, leave, unemployment compensation, and Federal employee 
benefits.
    ``(d) Eligible Recipient Defined.--
            ``(1) Eligible recipient.--Except as provided in paragraph 
        (2), for purposes of this section, the term `eligible 
        recipient' means--
                    ``(A) an emergency service personnel or rescue and 
                recovery personnel who responded to the terrorist 
                attacks that occurred on September 11, 2001, in New 
                York City, in the State of New York, any time during 
                the period of September 11, 2001, through August 31, 
                2002;
                    ``(B) any other worker or volunteer who responded 
                to such attacks, including--
                            ``(i) a police officer;
                            ``(ii) a firefighter;
                            ``(iii) an emergency medical technician;
                            ``(iv) a transit worker;
                            ``(v) any participating member of an urban 
                        search and rescue team;
                            ``(vi) a Federal or State employee;
                            ``(vii) any other relief or rescue worker 
                        or volunteer whom the Secretary determines to 
                        be appropriate;
                            ``(viii) an individual who assisted in the 
                        recovery of human remains; and
                            ``(ix) an individual who assisted in the 
                        criminal investigation;
                    ``(C) a worker who responded to such attacks by 
                assisting in the cleanup or restoration of critical 
                infrastructure in and around New York City;
                    ``(D) an individual whose place of residence is in 
                the declared disaster area;
                    ``(E) an individual who was employed in or attended 
                school, child care, or adult day care in a building 
                located in the declared disaster area any time during 
                the period of September 11, 2001, through August 31, 
                2002; or
                    ``(F) any other individual who the Secretary 
                determines to be appropriate.
            ``(2) Family members.--Notwithstanding paragraph (1), the 
        immediate family members of an individual who is an eligible 
        recipient under paragraph (1) may receive benefits under this 
        section if the eligible recipient--
                    ``(A) is or was on September 11th, 2001 the 
                policyholder for such family; and
                    ``(B) received family health insurance as of 
                September 11, 2001.''.

SEC. 4. HEALTH SCREENINGS, EXAMINATIONS, AND MONITORING SERVICES.

    (a) In General.--Part B of title III of the Public Health Service 
Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317S 
the following:

``SEC. 317T. CERTAIN HEALTH SERVICES FOR INDIVIDUALS ASSISTING WITH 
              RESPONSE TO SEPTEMBER 11 TERRORIST ATTACKS IN NEW YORK 
              CITY.

    ``(a) In General.--The Secretary, acting through the Director of 
the Centers for Disease Control and Prevention shall award grants or 
cooperative agreements for the purpose of establishing a program to 
carry out baseline and follow-up screening and clinical examinations, 
and long-term health monitoring and analysis, for covered individuals 
who meet the eligibility criteria under subsection (d).
    ``(b) Covered Individuals.--For purposes of this section, the term 
`covered individuals' means--
            ``(1) an emergency service personnel or rescue and recovery 
        personnel who responded to the terrorist attacks that occurred 
        on September 11, 2001, in New York City, in the State of New 
        York, any time during the period of September 11, 2001, through 
        August 31, 2002;
            ``(2) any other worker or volunteer who responded to such 
        attacks, including--
                    ``(A) a police officer;
                    ``(B) a firefighter;
                    ``(C) an emergency medical technician;
                    ``(D) a transit worker;
                    ``(E) any participating member of an urban search 
                and rescue team;
                    ``(F) Federal and State employees;
                    ``(G) an individual who worked to recover human 
                remains;
                    ``(H) an individual who worked on the criminal 
                investigation; and
                    ``(I) any other relief or rescue worker or 
                volunteer who the Secretary determines to be 
                appropriate;
            ``(3) a worker who responded to such attacks by assisting 
        in the cleanup or restoration of critical infrastructure in and 
        around the designated disaster area;
            ``(4) an individual whose place of residence was in the 
        declared disaster area during the period of September 11, 2001, 
        through August 31, 2002;
            ``(5) an individual who is employed in or attends school, 
        child care, or adult day care in a building located in the 
        declared disaster area during the period of September 11, 2001, 
        through August 31, 2002; and
            ``(6) any other individual who the Secretary determines to 
        be appropriate.
    ``(c) Award Recipient.--
            ``(1) In general.--Subject to the submission of an 
        application satisfactory to the Secretary, awards under 
        subsection (a) shall be made only to--
                    ``(A) the consortium of medical entities that, 
                pursuant to the program referred to in subsection (g), 
                provided health services described in subsection (a) 
                during fiscal year 2003 for the personnel described in 
                subsection (b)(1), subject to the consortium meeting 
                the criteria established in paragraph (2); and
                    ``(B) the separate program carried out by the New 
                York City Fire Department.
            ``(2) Criteria.--For purposes of paragraph (1)(A), the 
        criteria described in this paragraph for the consortium 
        referred to in such paragraph (1)(A) are that the consortium 
        has appropriate experience in the areas of environmental or 
        occupational health, toxicology, and safety, including 
        experience in--
                    ``(A) developing clinical protocols and conducting 
                clinical health examinations, including mental health 
                assessments;
                    ``(B) conducting long-term health monitoring and 
                epidemiological studies;
                    ``(C) conducting long-term mental health studies; 
                and
                    ``(D) establishing and maintaining medical 
                surveillance programs and environmental exposure or 
                disease registries.
    ``(d) Eligibility of Covered Individuals.--The Secretary shall 
determine eligibility criteria for covered individuals to receive 
health services under subsection (a). Such criteria shall include the 
requirement that a covered individual may not receive services through 
the program under such subsection unless the individual enrolls in the 
program.
    ``(e) Certain Program Requirements.--With respect to the program 
under subsection (a), the Secretary shall provide for the following:
            ``(1) Awards under subsection (a) shall designate an amount 
        to be available only for covered individuals who--
                    ``(A) are active or retired firefighters of New 
                York City; and
                    ``(B) in responding to the terrorist attacks of 
                September 11, 2001, provided services in the immediate 
                vicinity of the World Trade Center.
            ``(2) A covered individual enrolled in the program may not 
        receive services under the program for a period exceeding 20 
        years after the date on which the individual first received 
        services under the program, except that the Secretary may 
        designate a longer period if the Secretary determines that a 
        longer period is appropriate with respect to the health of 
        covered individuals.
            ``(3) The program may not establish a maximum enrollment 
        number of fewer than 40,000 covered individuals.
    ``(f) Authority Regarding Treatment.--The Secretary may, to the 
extent determined appropriate by the Secretary, authorize the program 
under subsection (a) to provide treatment services to covered 
individuals who have no other means of obtaining such treatment.
    ``(g) Relation to Certain Program.--Effective on and after the date 
of the enactment of the Remember 9/11 Health Act, the two programs 
carried out pursuant to the appropriation of $90,000,000 made in the 
2002 Supplemental Appropriations Act for Further Recovery From and 
Response To Terrorist Attacks on the United States (Public Law 107-206) 
under the heading `Public Health and Social Services Emergency Fund', 
which programs provide health services described in subsection (a) for 
the personnel described in subsection (b)(1), shall be considered to be 
carried out under authority of this section and shall be subject to the 
requirements of this section, except for any period of transition 
determined appropriate by the Secretary, not to exceed 1 year after 
such date of enactment.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of the fiscal years 2007 through 2024, in addition to any 
other amounts appropriated for such purpose.''.

SEC. 5. RESEARCH REGARDING CERTAIN HEALTH CONDITIONS.

    Part B of title IV of the Public Health Service Act (42 U.S.C. 284 
et seq.) is amended by inserting after section 409I the following 
section:

``SEC. 409J. RESEARCH REGARDING CERTAIN HEALTH CONDITIONS OF 
              INDIVIDUALS ASSISTING WITH RESPONSE TO SEPTEMBER 11 
              TERRORIST ATTACKS IN NEW YORK CITY.

    ``(a) In General.--With respect to covered individuals, as defined 
in section 317T(b), the Director of the National Institutes of Health 
shall conduct or support--
            ``(1) diagnostic research on qualifying health conditions 
        of such individuals, in the case of conditions for which there 
        has been diagnostic uncertainty; and
            ``(2) research on treating qualifying health conditions of 
        such individuals, in the case of conditions for which there has 
        been treatment uncertainty.
    ``(b) Qualifying Health Conditions.--For purposes of this section, 
the term `qualifying health conditions' means adverse health conditions 
that are considered by the Secretary to be associated with exposure to 
1 or more of the sites of the terrorist attacks that occurred on 
September 11, 2001, in New York City, in the State of New York.
    ``(c) Consultation With Certain Medical Consortium.--The Secretary 
shall carry out this section in consultation with--
            ``(1) the consortium of medical entities referred to in 
        section 317T(c)(1); and
            ``(2) the New York City Fire Department and the union for 
        the firefighters of such department.
    ``(d) Annual Report.--The Director of the National Institutes of 
Health shall annually submit to the Congress a report describing the 
findings of research under subsection (a).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of the fiscal years 2007 through 2011, in addition to any 
other amounts appropriated for such purpose.''.

SEC. 6. ESTABLISHMENT OF APPROPRIATE PROGRAMS.

    The Secretary of Health and Human Services may, to the extent 
determined appropriate by the Secretary, establish with respect to the 
terrorist attack at the Pentagon on September 11, 2001, programs 
similar to the programs that are established in sections 317T and 409J 
of the Public Health Service Act (as added by this Act) with respect to 
the terrorist attacks on such date in New York City, in the State of 
New York.

SEC. 7. 9/11 HEALTH EMERGENCY COORDINATING COUNCIL.

    (a) Establishment.--The Secretary of Health and Human Services 
shall convene a council, to be known as 9/11 Health Emergency 
Coordinating Council (in this section referred to as the ``Council''), 
for the following purposes:
            (1) Discussing, examining, and formulating recommendations 
        with respect to the adequacy and coordination of the following:
                    (A) Response by the Federal Government, State 
                governments, local governments, and the private sector 
                to the terrorist attacks of September 11, 2001.
                    (B) Care and compensation for the victims of such 
                attacks.
                    (C) Federal tracking of the monitoring of, and 
                possible treatment for, individuals who are directly 
                suffering from, or may have long-term health effects 
                from, such attacks.
                    (D) Coordination among the members of the Council 
                in responding to the terrorist attacks of September 11, 
                2001.
            (2) In accordance with subsection (c), rendering advisory 
        opinions on the scope of any obligation of the Federal 
        Government resulting from the terrorist attacks of September 
        11, 2001, relative to any obligation of an insurance company 
        resulting from such attacks.
    (b) Membership.--
            (1) Chairperson.--The Secretary of Health and Human 
        Services (or the Secretary's designee) shall serve as the 
        chairperson of the Council.
            (2) Required members.--The members of the Council shall 
        include the following:
                    (A) The Secretary of Defense (or the Secretary's 
                designee).
                    (B) The Secretary of Labor (or the Secretary's 
                designee).
                    (C) The Director of the Federal Emergency 
                Management Agency (or the Director's designee).
                    (D) The Director of the National Institutes of 
                Health (or the Director's designee).
                    (E) The Director of the National Institute for 
                Occupational Safety and Health (or the Director's 
                designee).
                    (F) A representative of the Crime Victims Fund 
                established under section 1402 of the Victims of Crime 
                Act of 1984 (42 U.S.C. 10601).
            (3) Invitees.--The Secretary of Health and Human Services, 
        shall invite the following individuals to serve as members of 
        the Council:
                    (A) The Governor of the State of New York (or the 
                Governor's designee).
                    (B) The Mayor of New York City (or the Mayor's 
                designee).
                    (C) 1 representative of the New York City Fire 
                Department.
                    (D) 2 representatives of the unions of New York 
                City Fire Department employees.
                    (E) 1 representative of the New York City Police 
                Department.
                    (F) 2 representatives of the unions of New York 
                City Police Department employees.
                    (G) 1 representative of the police department of 
                the Port Authority of New York and New Jersey.
                    (H) 2 representatives of the union of the police 
                department of the Port Authority of New York and New 
                Jersey.
                    (I) 1 representative of the New York State 
                Department of Health.
                    (J) 1 representative of the New York State Workers' 
                Compensation Board.
                    (K) 1 representative of the New York City 
                Department of Health.
                    (L) 1 representative of the New York City Office of 
                Emergency Management.
                    (M) 1 representative of the Association of 
                Occupational and Environmental Clinics.
                    (N) 1 representative of the New York Committee for 
                Occupational Safety and Health (NYCOSH).
                    (O) 1 representative of charitable organizations 
                that had volunteers at Ground Zero.
                    (P) 10 representatives of labor unions in New York 
                City that--
                            (i) are not otherwise described in this 
                        paragraph; and
                            (ii) reflect a cross section of labor 
                        unions (including construction, municipal, and 
                        other labor unions) whose members responded to, 
                        or assisted with the cleanup resulting from, 
                        the attacks of September 11, 2001.
                    (Q) 5 representatives of nonprofit volunteer 
                entities that assisted in recovery efforts following 
                the terrorist attacks of September 11, 2001.
                    (R) 5 representatives of a regional occupational 
                provider that--
                            (i) works with the World Trade Center 
                        Worker and Volunteer Medical Screening Program; 
                        and
                            (ii) is under the direction of the Mount 
                        Sinai Center for Occupational and Environmental 
                        Medicine.
    (c) Advisory Opinions.--
            (1) In general.--Subject to paragraph (2), the Council may 
        render an advisory opinion on the scope of any obligation of 
        the Federal Government resulting from the terrorist attacks of 
        September 11, 2001, relative to any obligation of an insurance 
        company resulting from such attacks.
            (2) Limitation.--The Council may issue an advisory opinion 
        described in this subsection only at the request of a party to 
        one of the obligations involved.
    (d) Meetings.--The Council shall meet not less than 4 times each 
calendar year.
    (e) Reports.--Not less than once each calendar year, the Council 
shall submit to Congress a report on the recommendations of the 
Council.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2007 through 2015.
                                 <all>