1.This Act may be cited as
the Remember 9/11 Health
Act
.
2.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.
3.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:
630.Protections
for certain individuals
(a)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)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)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)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)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.
.
4.Health
screenings, examinations, and monitoring services
(a)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:
317T.Certain
health services for individuals assisting with response to September 11
terrorist attacks in New York City
(a)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)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)
(1)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)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 individualsThe 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
requirementsWith 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 treatmentThe 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 programEffective 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 appropriationsThere 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.
.
5.Research
regarding certain health conditionsPart 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:
409J.Research
regarding certain health conditions of individuals assisting with response to
September 11 terrorist attacks in New York city
(a)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 conditionsFor 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 consortiumThe 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)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 appropriationsThere 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.
.
6.Establishment of
appropriate programsThe
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.
7.9/11 health
emergency coordinating council
(a)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)
(1)The
Secretary of Health and Human Services (or the Secretary's designee) shall
serve as the chairperson of the Council.
(2)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)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)
(1)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)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)The
Council shall meet not less than 4 times each calendar year.
(e)Not
less than once each calendar year, the Council shall submit to Congress a
report on the recommendations of the Council.
(f)Authorization
of appropriationsThere are authorized to be appropriated to
carry out this section such sums as may be necessary for each of fiscal years
2007 through 2015.