[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4724 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4724

To amend title XXXIII of the Public Health Service Act with respect to 
   flexibility and funding for the World Trade Center Health Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 11 (legislative day, July 10), 2024

 Mrs. Gillibrand (for herself, Mr. Schumer, Mr. Casey, Mr. Warner, Mr. 
  Kaine, and Mr. Braun) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
To amend title XXXIII of the Public Health Service Act with respect to 
   flexibility and funding for the World Trade Center Health Program.

    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 ``9/11 Responder and Survivor Health 
Funding Correction Act of 2024''.

SEC. 2. FLEXIBILITY FOR MENTAL HEALTH CONDITION CERTIFICATIONS UNDER 
              THE WORLD TRADE CENTER HEALTH PROGRAM.

    (a) In General.--Section 3305(a) of the Public Health Service Act 
(42 U.S.C. 300mm-4(a)) is amended--
            (1) in paragraph (1)(A), by inserting ``subject to 
        paragraph (6),'' before ``for''; and
            (2) by adding at the end the following:
            ``(6) Licensed mental health provider flexibility for 
        mental health condition certifications.--
                    ``(A) In general.--For purposes of an initial 
                health evaluation described in paragraph (1)(A) with 
                respect to a mental health condition (including any 
                such evaluation provided under section 3321(b) or 
                through the nationwide network under section 3313), 
                such evaluation may be conducted by a physician or any 
                other licensed mental health provider in a category of 
                mental health care providers determined by the WTC 
                Program Administrator under subparagraph (B).
                    ``(B) Categories of licensed mental health 
                providers.--Not later than 180 days after the date of 
                enactment of the 9/11 Responder and Survivor Health 
                Funding Correction Act of 2024, the WTC Program 
                Administrator shall issue regulations for the 
                categories of licensed mental health providers who, in 
                addition to licensed physicians, may conduct 
                evaluations under subparagraph (A) with respect to a 
                mental health condition and make determinations under 
                section 3312(b) with respect to such a condition.''.
    (b) Flexibility for WTC Responders.--Section 3312(b) of such Act 
(42 U.S.C. 300mm-22(b)) is amended--
            (1) in paragraph (1)(A)--
                    (A) in the matter preceding clause (i), by striking 
                ``physician'' and inserting ``physician (or, in the 
                case of a mental health condition, a physician or any 
                other qualified mental health provider)''; and
                    (B) in clause (i), by striking ``physician'' and 
                inserting ``physician or other qualified mental health 
                provider'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``physician'' and inserting 
                        ``physician (or, in the case of a mental health 
                        condition, a physician or any other qualified 
                        mental health provider)'';
                            (ii) in clause (i), by striking 
                        ``physician'' and inserting ``physician or 
                        other qualified mental health provider''; and
                            (iii) in clause (ii), by striking ``such 
                        physician's determination'' and inserting ``the 
                        determination of such physician or other 
                        qualified mental health provider''; and
                    (B) in subparagraph (B)--
                            (i) in the matter preceding clause (i), by 
                        striking ``physician determinations'' and 
                        inserting ``determinations by physicians (or, 
                        in the case of a mental health condition, 
                        physicians or other qualified mental health 
                        providers)''; and
                            (ii) in clause (i), by striking ``physician 
                        panel'' and inserting ``panel of physicians 
                        (or, in the case of a mental health condition, 
                        physicians or other qualified mental health 
                        providers)'';
            (3) in paragraph (5), by striking ``examining physician'' 
        and inserting ``examining physician (or, in the case of a 
        mental health condition, examining physician or other qualified 
        mental health provider)''; and
            (4) by adding at the end the following:
            ``(6) Definition of `qualified mental health provider'.--
        For purposes of this subsection, the term `qualified mental 
        health provider' means a licensed mental health provider in a 
        category determined by the WTC Program Administrator under 
        section 3305(a)(6)(B).''.

SEC. 3. CRITERIA FOR CREDENTIALING HEALTH CARE PROVIDERS PARTICIPATING 
              IN THE NATIONWIDE NETWORK.

    Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et 
seq.) is amended--
            (1) in section 3305(a)(2) (42 U.S.C. 300mm-4(a)(2))--
                    (A) in subparagraph (A)--
                            (i) by striking clause (iv); and
                            (ii) by redesignating clauses (v) and (vi) 
                        as clauses (iv) and (v), respectively;
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (B) and (C), respectively; and
            (2) in section 3313(b)(1) (42 U.S.C. 300mm-23(b)(1)), by 
        striking ``Data Centers'' and inserting ``WTC Program 
        Administrator''.

SEC. 4. CLARIFYING CALCULATION OF ENROLLMENT.

    (a) Responders.--Section 3311(a) of such Act (42 U.S.C. 300mm-
21(a)) is amended by adding at the end the following:
            ``(6) Deceased wtc responders.--An individual known to the 
        WTC Program Administrator to be deceased shall not be included 
        in any count of enrollees under this subsection or section 
        3351.''.
    (b) Survivors.--Section 3321(a) of such Act (42 U.S.C. 300mm-31(a)) 
is amended by adding at the end the following:
            ``(5) Deceased wtc survivors.--An individual known to the 
        WTC Program Administrator to be deceased shall not be included 
        in any count of certified-eligible survivors under this section 
        or in any count of enrollees under section 3351.''.

SEC. 5. TIME PERIOD FOR ADDING HEALTH CONDITIONS TO LIST FOR WTC 
              RESPONDERS.

    Section 3312(a)(6) of the Public Health Service Act (42 U.S.C. 
300mm-22(a)(6)) is amended--
            (1) in subparagraph (B), by striking ``90'' and inserting 
        ``180''; and
            (2) in subparagraph (C), in the second sentence, by 
        striking ``90'' and inserting ``180''.

SEC. 6. FUNDING FOR THE WORLD TRADE CENTER HEALTH PROGRAM.

    (a) In General.--Section 3351 of the Public Health Service Act (42 
U.S.C. 300mm-61) is amended--
            (1) in subsection (a)(2)(A)--
                    (A) in clause (x), by striking ``and'';
                    (B) in clause (xi)--
                            (i) by striking ``subsequent fiscal year 
                        through fiscal year 2090'' and inserting ``of 
                        fiscal years 2026 through 2034''; and
                            (ii) by striking ``plus'' and inserting 
                        ``and''; and
                    (C) by adding at the end the following:
                            ``(xii) for each of fiscal years 2035 
                        through 2090--
                                    ``(I) the amount determined under 
                                this subparagraph for the previous 
                                fiscal year (plus any amount expended 
                                from the Fund in the previous fiscal 
                                year that was carried over from any 
                                fiscal year prior to the previous 
                                fiscal year including as carried over 
                                pursuant to a deposit into such Fund 
                                under section 3352(d), 3353(d), or 
                                3354(d)) multiplied by 1.05; multiplied 
                                by
                                    ``(II) the ratio of--
                                            ``(aa) the total number of 
                                        individuals enrolled in the WTC 
                                        Program on July 1 of such 
                                        previous fiscal year; to
                                            ``(bb) the total number of 
                                        individuals so enrolled on July 
                                        1 of the fiscal year prior to 
                                        such previous fiscal year; 
                                        plus''; and
            (2) in subsection (c)--
                    (A) in paragraph (4)--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) for fiscal year 2024, the amount determined 
                for such fiscal year under this paragraph as in effect 
                on the day before the date of enactment of the 9/11 
                Responder and Survivor Health Funding Correction Act of 
                2024;''; and
                            (ii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) for fiscal year 2025, the greater of--
                            ``(i) the amount determined for such fiscal 
                        year under this paragraph as in effect on the 
                        day before the date of enactment of the 9/11 
                        Responder and Survivor Health Funding 
                        Correction Act of 2024; or
                            ``(ii) $20,000,000; and''; and
                    (B) in paragraph (5)--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) for fiscal year 2024, the amount determined 
                for such fiscal year under this paragraph as in effect 
                on the day before the date of enactment of the 9/11 
                Responder and Survivor Health Funding Correction Act of 
                2024;'';
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) for fiscal year 2025, the greater of--
                            ``(i) the amount determined for such fiscal 
                        year under this paragraph as in effect on the 
                        day before the date of enactment of the 9/11 
                        Responder and Survivor Health Funding 
                        Correction Act of 2024; or
                            ``(ii) $20,000,000; and''.
    (b) Additional Amounts for the World Trade Center Health Program 
Special Fund.--Section 3353(b) of the Public Health Service Act (42 
U.S.C. 300mm-63(b)) is amended--
            (1) by striking ``Out'' and inserting the following:
            ``(1) Initial deposit.--Out''; and
            (2) by adding at the end the following:
            ``(2) Additional deposit.--Out of any money in the Treasury 
        not otherwise appropriated, there is appropriated for fiscal 
        year 2024 $2,970,406,593 for deposit into the Special Fund, 
        which amounts shall remain available in such Fund through 
        fiscal year 2033.''.
    (c) Reallocation of Any Remaining Amounts in Separate Funds.--
            (1) Supplemental fund.--Section 3352(d) of the Public 
        Health Service Act (42 U.S.C. 300mm-62(d)) is amended--
                    (A) in the subsection heading, by striking ``Return 
                of Funds'' and inserting ``Remaining Amounts''; and
                    (B) by striking ``the Treasury as miscellaneous 
                receipts'' and inserting ``the World Trade Center 
                Health Program Fund under section 3351 for fiscal year 
                2033 and, notwithstanding subsections (b) and (c), 
                remain available, for the purposes described in this 
                title, through fiscal year 2090 in accordance with 
                subsection (a)(5) of section 3351 and subject to the 
                spending limitations under subsection (c) of such 
                section''.
            (2) Special fund.--Section 3353(d) of the Public Health 
        Service Act (42 U.S.C. 300mm-63(d)) is amended by striking 
        ``the Treasury as miscellaneous receipts'' and inserting ``the 
        World Trade Center Health Program Fund under section 3351 for 
        fiscal year 2034 and, notwithstanding subsections (b) and (c), 
        remain available, for the purposes described in this title, 
        through fiscal year 2090 in accordance with subsection (a)(5) 
        of section 3351 and subject to the spending limitations under 
        subsection (c) of such section''.
            (3) Pentagon/shanksville fund.--Section 3354(d) of the 
        Public Health Service Act (42 U.S.C. 300mm-64(d)) is amended by 
        striking ``the Treasury as miscellaneous receipts'' and 
        inserting ``the World Trade Center Health Program Fund under 
        section 3351 for fiscal year 2034 and, notwithstanding 
        subsections (b) and (c), remain available, for the purposes 
        described in this title, through fiscal year 2090 in accordance 
        with subsection (a)(5) of section 3351 and subject to the 
        spending limitations under subsection (c) of such section''.
            (4) Availability.--Section 3351 of the Public Health 
        Service Act (42 U.S.C. 300mm-61) is amended--
                    (A) in subsection (a)(5), by inserting ``or 
                deposited into the Fund under any other section in this 
                title,'' before ``for a fiscal year''; and
                    (B) in subsection (b)(1), by inserting ``or any 
                other section in this title'' after ``subsection 
                (a)(2)''.

SEC. 7. OFFSET.

    (a) In General.--Section 251A(6)(D) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)(D)) is 
amended--
            (1) in clause (i), by striking ``8 months'' and inserting 
        ``10 months''; and
            (2) in clause (ii), by striking ``4 months'' and inserting 
        ``2 months''.
    (b) Deposit of Excess Savings in the Medicare Improvement Fund.--
            (1) Definition.--In this subsection, the term ``excess 
        savings'' means the difference obtained by subtracting--
                    (A) the amount of the budgetary effects (as 
                determined in accordance with the Statutory Pay-As-You-
                Go Act of 2010 (2 U.S.C. 931 et seq.)) of sections 2 
                through 6 of this Act; from
                    (B) the amount of the budgetary effects (as 
                determined in accordance with the Statutory Pay-As-You-
                Go Act of 2010 (2 U.S.C. 931 et seq.)) of the amendment 
                made by subsection (a) of this section.
            (2) Deposit.--The amount of any excess savings shall be 
        transferred to and merged with amounts in the Medicare 
        Improvement Fund established under section 1898 of the Social 
        Security Act (42 U.S.C. 1395iii). Amounts transferred under 
        this paragraph shall remain available until expended.
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