IB Union Calendar No. 321 111th CONGRESS 2d Session H. R. 847 [Report No. 111–560, Parts I and II] IN THE HOUSE OF REPRESENTATIVES February 4, 2009 Mrs. Maloney (for herself, Mr. Nadler of New York, Mr. King of New York, Mr. McMahon, Mr. Rangel, Mr. Ackerman, Mr. Arcuri, Mr. Bishop of New York, Mr. Burgess, Mr. Crowley, Mr. Engel, Mr. Hall of New York, Mr. Higgins, Mr. Himes, Mr. Hinchey, Mr. Israel, Mr. Lee of New York, Mrs. Lowey, Mr. Maffei, Mr. Massa, Mrs. McCarthy of New York, Mr. McGovern, Mr. McHugh, Mr. Meeks of New York, Mr. Pascrell, Mr. Serrano, Ms. Sutton, Mr. Tonko, Mr. Towns, Mr. Weiner, Ms. Woolsey, and Ms. Clarke) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned July 22, 2010 Reported from the Committee on Energy and Commerce with an amendment Strike out all after the enacting clause and insert the part printed in italic July 22, 2010 Additional sponsors: Ms. Berkley, Mr. Gene Green of Texas, Ms. Schakowsky, Mr. Smith of New Jersey, Mr. Connolly of Virginia, Mr. Lance, Mr. Klein of Florida, Mr. Kucinich, Ms. DeLauro, Ms. Lee of California, Mr. Lewis of Georgia, Mr. Grijalva, Mr. Bishop of Georgia, Mr. Doyle, Mr. Dent, Mr. Murphy of Connecticut, Mr. Holt, Mr. Larson of Connecticut, Mr. Sestak, Mr. Pierluisi, Ms. Slaughter, Ms. Velázquez, Mrs. Dahlkemper, Mr. Etheridge, Mr. Conyers, Mr. Wexler, Mrs. Christensen, Mr. Cohen, Mr. Andrews, Mr. Brady of Pennsylvania, Mr. Schauer, Mr. Garrett of New Jersey, Mr. McCaul, Mr. Hodes, Ms. Schwartz, Mr. Murphy of New York, Mr. Fattah, Mr. Gonzalez, Mr. Courtney, Mr. Jones, Mr. Stupak, Mrs. Capps, Ms. Castor of Florida, Mr. Sarbanes, Mr. Tim Murphy of Pennsylvania, Mr. Sires, Mr. Lipinski, Mr. Thompson of Mississippi, Mr. Rush, Ms. Baldwin, Mr. Ellsworth, Mr. Carney, Ms. Jackson Lee of Texas, Mr. Neal of Massachusetts, Mr. Patrick J. Murphy of Pennsylvania, Mr. Upton, Mr. Filner, Ms. Harman, Ms. Norton, Mr. Holden, Mr. Cummings, Ms. Shea-Porter, Mr. Rothman of New Jersey, Mrs. Napolitano, Mr. Lynch, Mr. Cao, Mr. Markey of Massachusetts, Mr. Nye, Mr. Walz, Ms. McCollum, Mr. Braley of Iowa, Mr. Reichert, Mr. Owens, Mr. Welch, Mr. Davis of Illinois, Ms. Eshoo, Mr. Butterfield, Mr. Garamendi, Mr. Baca, Mr. Miller of North Carolina, Mr. Oberstar, Mr. LoBiondo, Ms. Eddie Bernice Johnson of Texas, and Mr. Payne July 22, 2010 Reported from the Committee on the Judiciary with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in boldface roman For text of introduced bill, see copy of bill as introduced on February 4, 2009 A BILL To amend the Public Health Service Act to extend and improve protections and services to individuals directly impacted by the terrorist attack in New York City on September 11, 2001, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the James Zadroga 9/11 Health and Compensation Act of 2010. (b)

Table of Contents

The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—World Trade Center Health Program Sec. 101. World Trade Center Health Program. Title XXXIII—World Trade Center Health Program Subtitle A—Establishment of Program; Advisory Committee Sec. 3301. Establishment of World Trade Center Health Program. Sec. 3302. WTC Health Program Scientific/Technical Advisory Committee; WTC Health Program Steering Committees. Sec. 3303. Education and outreach. Sec. 3304. Uniform data collection and analysis. Sec. 3305. Clinical Centers of Excellence and Data Centers. Sec. 3306. Definitions. Subtitle B—Program of Monitoring, Initial Health Evaluations, and Treatment Part 1—WTC Responders Sec. 3311. Identification of WTC responders and provision of WTC-related monitoring services. Sec. 3312. Treatment of enrolled WTC responders for WTC-related health conditions. Sec. 3313. National arrangement for benefits for eligible individuals outside New York. Part 2—WTC Survivors Sec. 3321. Identification and initial health evaluation of screening-eligible and certified-eligible WTC survivors. Sec. 3322. Followup monitoring and treatment of certified-eligible WTC survivors for WTC-related health conditions. Sec. 3323. Followup monitoring and treatment of other individuals with WTC-related health conditions. Part 3—Payor provisions Sec. 3331. Payment of claims. Sec. 3332. Administrative arrangement authority. Subtitle C—Research into Conditions Sec. 3341. Research regarding certain health conditions related to September 11 terrorist attacks in New York City. Sec. 3342. World Trade Center Health Registry. Subtitle D—Funding Sec. 3351. World Trade Center Health Program Fund. Title II—September 11th Victim Compensation Fund of 2001 Sec. 201. Definitions. Sec. 202. Extended and expanded eligibility for compensation. Sec. 203. Requirement to update regulations. Sec. 204. Limited liability for certain claims.

.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the James Zadroga 9/11 Health and Compensation Act of 2010. (b)

Table of Contents

The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Title I—World Trade Center Health Program Sec. 101. World Trade Center Health Program. Title XXX—World Trade Center Health Program Subtitle A—Establishment of Program; Advisory and Steering Committees Sec. 3001. Establishment of World Trade Center Health Program within NIOSH. Sec. 3002. WTC Health Program Scientific/Technical Advisory Committee. Sec. 3003. WTC Health Program Steering Committees. Sec. 3004. Community education and outreach. Sec. 3005. Uniform data collection. Sec. 3006. Centers of excellence. Sec. 3007. Entitlement authorities. Sec. 3008. Definitions. Subtitle B—Program of Monitoring, Initial Health Evaluations, and Treatment Part 1—For WTC Responders Sec. 3011. Identification of eligible WTC responders and provision of WTC-related monitoring services. Sec. 3012. Treatment of certified eligible WTC responders for WTC-related health conditions. Part 2—Community Program Sec. 3021. Identification and initial health evaluation of eligible WTC community members. Sec. 3022. Followup monitoring and treatment of certified eligible WTC community members for WTC-related health conditions. Sec. 3023. Followup monitoring and treatment of other individuals with WTC-related health conditions. Part 3—National Arrangement for Benefits for Eligible Individuals Outside New York Sec. 3031. National arrangement for benefits for eligible individuals outside New York. Subtitle C—Research into Conditions Sec. 3041. Research regarding certain health conditions related to September 11 terrorist attacks in New York City. Subtitle D—Programs of the New York City Department of Health and Mental Hygiene Sec. 3051. World Trade Center Health Registry. Sec. 3052. Mental health services. Title II—September 11th Victim Compensation Fund of 2001 Sec. 201. Definitions. Sec. 202. Extended and expanded eligibility for compensation. Sec. 203. Requirement to update regulations. Sec. 204. Limited liability for certain claims. Sec. 205. Funding; attorney fees.

2.

Findings

Congress finds the following: (1)Thousands of rescue workers who responded to the areas devastated by the terrorist attacks of September 11, local residents, office and area workers, and school children continue to suffer significant medical problems as a result of compromised air quality and the release of other toxins from the attack sites. (2)In a September 2006 peer-reviewed study conducted by the World Trade Center Medical Monitoring Program, of 9,500 World Trade Center responders, almost 70 percent of World Trade Center responders had a new or worsened respiratory symptom that developed during or after their time working at the World Trade Center; among the responders who were asymptomatic before 9/11, 61 percent developed respiratory symptoms while working at the World Trade Center; close to 60 percent still had a new or worsened respiratory symptom at the time of their examination; one-third had abnormal pulmonary function tests; and severe respiratory conditions including pneumonia were significantly more common in the 6 months after 9/11 than in the prior 6 months. (3)An April 2006 study documented that, on average, a New York City firefighter who responded to the World Trade Center has experienced a loss of 12 years of lung capacity. (4)A peer-reviewed study of residents who lived near the World Trade Center titled “The World Trade Center Residents’ Respiratory Health Study: New Onset Respiratory Symptoms and Pulmonary Function”, found that data demonstrated a three-fold increase in new-onset, persistent lower respiratory symptoms in residents near the former World Trade Center as compared to a control population. (5)Previous research on the health impacts of the devastation caused by the September 11 terrorist attacks has shown relationships between the air quality from Ground Zero and a host of health impacts, including lower pregnancy rates, higher rates of respiratory and lung disorders, and a variety of post-disaster mental health conditions (including posttraumatic stress disorder) in workers and residents near Ground Zero. (6)A variety of tests conducted by independent scientists have concluded that significant WTC contamination settled in indoor environments surrounding the disaster site. The Environmental Protection Agency’s (EPA) cleanup programs for indoor residential spaces, in 2003 and 2005, though limited, are an acknowledgment that indoor contamination continued after the WTC attacks. (7)At the request of the Department of Energy, the Davis DELTA Group at the University of California conducted outdoor dust sampling in October 2001 at Varick and Houston Streets (approximately 1.2 miles north of Ground Zero) and found that the contamination from the World Trade Center outdid even the worst pollution from the Kuwait oil fields fires. Further, the United States Geological Survey (USGS) reported on November 27, 2001, that dust samples collected from indoor surfaces registered at levels that were as caustic as liquid drain cleaners. (8)According to both the EPA’s own Inspector General’s (EPA IG) report of August 21, 2003 and General Accountability Offices’s (GAO) report of September 2007, no comprehensive program has ever been conducted in order to characterize the full extent of WTC contamination, and therefore the full impact of that contamination—geographic or otherwise—remains unknown. (9)Such reports found that there has never been a comprehensive program to remediate WTC toxins from indoor spaces. Thus, area residents, workers and students may continue to be exposed to WTC contamination in their homes, workplaces and schools. (10)Because of the failure to release federally appropriated funds for community care, a lack of sufficient outreach, the fact that many community members are receiving care from physicians outside the current City-funded World Trade Center Environmental Health Center program and thus fall outside data collection efforts, and other factors, the number of community members being treated at the World Trade Center Environmental Health Center underrepresents the total number in the community that have been affected by exposure to Ground Zero toxins. (11)Research by Columbia University’s Center for Children’s Environmental Health has shown negative health effects on babies born to women living within 2 miles of the World Trade Center in the month following 9/11. (12)Federal funding allocated for the monitoring of rescue workers’ health is not sufficient to ensure the long-term study of health impacts of September 11. (13)A significant portion of those who have developed health problems as result of exposures to airborne toxins or other hazards resulting from the September 11, 2001, attacks on the World Trade Center have no health insurance, have lost their health insurance as a result of the attacks, or have inadequate health insurance. (14)The Federal program to provide medical treatments to those who responded to the September 11 aftermath, and who continue to experience health problems as a result, was finally established more than five years after the attacks, but has no certain long-term funding. (15)Rescue workers and volunteers seeking workers’ compensation have reported that their applications have been denied, delayed for months, or redirected, instead of receiving assistance in a timely and supportive manner. (16)A February 2007 report released by the City of New York estimated that approximately 410,000 people were the most heavily exposed to the environmental hazards and trauma of the September 11 terrorist attacks. More than 30 percent of the Fire Department of the City of New York first responders were still experiencing some respiratory symptoms more than five years after the attacks and according to the report, 59 percent of those seen by the WTC Environmental Health Center at Bellevue Hospital (which serves community members) are without insurance and 65 percent have incomes less than $15,000 per year. The report also found a need to continue and expand mental health services. (17)Since the 5th anniversary of the attack (September 11, 2006), hundreds of workers a month have been signing up with the monitoring and treatment programs. (18)In April 2008, the Department of Health and Human Services reported to Congress that in fiscal year 2007 11,359 patients received medical treatment in the existing WTC Responder Medical and Treatment program for WTC-related health problems, and that number of responders who need treatment and the severity of health problems is expected to increase. (19)The September 11 Victim Compensation Fund of 2001 was established to provide compensation to individuals who were physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001. (20)The deadline for filing claims for compensation under the Victim Compensation Fund was December 22, 2003. (21)Some individuals did not know they were eligible to file claims for compensation for injuries or did not know they had suffered physical harm as a result of the terrorist-related aircraft crashes until after the December 22, 2003, deadline. (22)Further research is needed to evaluate more comprehensively the extent of the health impacts of September 11, including research for emerging health problems such as cancer, which have been predicted. (23)Research is needed regarding possible treatment for the illnesses and injuries of September 11. (24)The Federal response to medical and financial issues arising from the September 11 response efforts needs a comprehensive, coordinated long-term response in order to meet the needs of all the individuals who were exposed to the toxins of Ground Zero and are suffering health problems from the disaster. (25)The failure to extend the appointment of Dr. John Howard as Director of the National Institute for Occupational Safety and Health in July 2008 is not in the interests of the administration of such Institute nor the continued operation of the World Trade Center Medical Monitoring and Treatment Program which he has headed, and the Secretary of Health and Human Services should reconsider extending such appointment.

. July 22, 2010 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed