[Congressional Record Volume 156, Number 113 (Thursday, July 29, 2010)]
[House]
[Pages H6382-H6400]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JAMES ZADROGA 9/11 HEALTH AND COMPENSATION ACT OF 2010
Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 847) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 847
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 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.
``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.
Sec. 205. Funding; attorney fees.
TITLE III--LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE
PAYMENTS; TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES
Sec. 301. Limitation on treaty benefits for certain deductible
payments.
Sec. 302. Time for payment of corporate estimated taxes.
TITLE IV--BUDGETARY EFFECTS
Sec. 401. Compliance with Statutory Pay-As-You-Go Act of 2010.
TITLE I--WORLD TRADE CENTER HEALTH PROGRAM
SEC. 101. WORLD TRADE CENTER HEALTH PROGRAM.
The Public Health Service Act is amended by adding at the
end the following new title:
[[Page H6383]]
``TITLE XXXIII--WORLD TRADE CENTER HEALTH PROGRAM
``Subtitle A--Establishment of Program; Advisory Committee
``SEC. 3301. ESTABLISHMENT OF WORLD TRADE CENTER HEALTH
PROGRAM.
``(a) In General.--There is hereby established within the
Department of Health and Human Services a program to be known
as the World Trade Center Health Program, which shall be
administered by the WTC Program Administrator, to provide
beginning on July 1, 2011--
``(1) medical monitoring and treatment benefits to eligible
emergency responders and recovery and cleanup workers
(including those who are Federal employees) who responded to
the September 11, 2001, terrorist attacks; and
``(2) initial health evaluation, monitoring, and treatment
benefits to residents and other building occupants and area
workers in New York City who were directly impacted and
adversely affected by such attacks.
``(b) Components of Program.--The WTC Program includes the
following components:
``(1) Medical monitoring for responders.--Medical
monitoring under section 3311, including clinical
examinations and long-term health monitoring and analysis for
enrolled WTC responders who were likely to have been exposed
to airborne toxins that were released, or to other hazards,
as a result of the September 11, 2001, terrorist attacks.
``(2) Initial health evaluation for survivors.--An initial
health evaluation under section 3321, including an evaluation
to determine eligibility for followup monitoring and
treatment.
``(3) Followup monitoring and treatment for wtc-related
health conditions for responders and survivors.--Provision
under sections 3312, 3322, and 3323 of followup monitoring
and treatment and payment, subject to the provisions of
subsection (d), for all medically necessary health and mental
health care expenses of an individual with respect to a WTC-
related health condition (including necessary prescription
drugs).
``(4) Outreach.--Establishment under section 3303 of an
education and outreach program to potentially eligible
individuals concerning the benefits under this title.
``(5) Clinical data collection and analysis.--Collection
and analysis under section 3304 of health and mental health
data relating to individuals receiving monitoring or
treatment benefits in a uniform manner in collaboration with
the collection of epidemiological data under section 3342.
``(6) Research on health conditions.--Establishment under
subtitle C of a research program on health conditions
resulting from the September 11, 2001, terrorist attacks.
``(c) No Cost Sharing.--Monitoring and treatment benefits
and initial health evaluation benefits are provided under
subtitle B without any deductibles, copayments, or other cost
sharing to an enrolled WTC responder or certified-eligible
WTC survivor. Initial health evaluation benefits are provided
under subtitle B without any deductibles, copayments, or
other cost sharing to a screening-eligible WTC survivor.
``(d) Preventing Fraud and Unreasonable Administrative
Costs.--
``(1) Fraud.--The Inspector General of the Department of
Health and Human Services shall develop and implement a
program to review the WTC Program's health care expenditures
to detect fraudulent or duplicate billing and payment for
inappropriate services. This title is a Federal health care
program (as defined in section 1128B(f) of the Social
Security Act) and is a health plan (as defined in section
1128C(c) of such Act) for purposes of applying sections 1128
through 1128E of such Act.
``(2) Unreasonable administrative costs.--The Inspector
General of the Department of Health and Human Services shall
develop and implement a program to review the WTC Program for
unreasonable administrative costs, including with respect to
infrastructure, administration, and claims processing.
``(e) Quality Assurance.--The WTC Program Administrator
working with the Clinical Centers of Excellence shall develop
and implement a quality assurance program for the monitoring
and treatment delivered by such Centers of Excellence and any
other participating health care providers. Such program shall
include--
``(1) adherence to monitoring and treatment protocols;
``(2) appropriate diagnostic and treatment referrals for
participants;
``(3) prompt communication of test results to participants;
and
``(4) such other elements as the Administrator specifies in
consultation with the Clinical Centers of Excellence.
``(f) Annual Program Report.--
``(1) In general.--Not later than 6 months after the end of
each fiscal year in which the WTC Program is in operation,
the WTC Program Administrator shall submit an annual report
to the Congress on the operations of this title for such
fiscal year and for the entire period of operation of the
program.
``(2) Contents included in report.--Each annual report
under paragraph (1) shall include at least the following:
``(A) Eligible individuals.--Information for each clinical
program described in paragraph (3)--
``(i) on the number of individuals who applied for
certification under subtitle B and the number of such
individuals who were so certified;
``(ii) of the individuals who were certified, on the number
who received monitoring under the program and the number of
such individuals who received medical treatment under the
program;
``(iii) with respect to individuals so certified who
received such treatment, on the WTC-related health conditions
for which they were treated; and
``(iv) on the projected number of individuals who will be
certified under subtitle B in the succeeding fiscal year and
the succeeding 10-year period.
``(B) Monitoring, initial health evaluation, and treatment
costs.--For each clinical program so described--
``(i) information on the costs of monitoring and initial
health evaluation and the costs of treatment and on the
estimated costs of such monitoring, evaluation, and treatment
in the succeeding fiscal year; and
``(ii) an estimate of the cost of medical treatment for
WTC-related health conditions that have been paid for or
reimbursed by workers' compensation, by public or private
health plans, or by New York City under section 3331.
``(C) Administrative costs.--Information on the cost of
administering the program, including costs of program
support, data collection and analysis, and research conducted
under the program.
``(D) Administrative experience.--Information on the
administrative performance of the program, including--
``(i) the performance of the program in providing timely
evaluation of and treatment to eligible individuals; and
``(ii) a list of the Clinical Centers of Excellence and
other providers that are participating in the program.
``(E) Scientific reports.--A summary of the findings of any
new scientific reports or studies on the health effects
associated with exposure described in section 3306(1),
including the findings of research conducted under section
3341(a).
``(F) Advisory committee recommendations.--A list of
recommendations by the WTC Scientific/Technical Advisory
Committee on additional WTC Program eligibility criteria and
on additional WTC-related health conditions and the action of
the WTC Program Administrator concerning each such
recommendation.
``(3) Separate clinical programs described.--In paragraph
(2), each of the following shall be treated as a separate
clinical program of the WTC Program:
``(A) Firefighters and related personnel.--The benefits
provided for enrolled WTC responders described in section
3311(a)(2)(A).
``(B) Other wtc responders.--The benefits provided for
enrolled WTC responders not described in subparagraph (A).
``(C) WTC survivors.--The benefits provided for screening-
eligible WTC survivors and certified-eligible WTC survivors
in section 3321(a).
``(g) Notification to Congress Upon Reaching 80 Percent of
Eligibility Numerical Limits.--The Secretary shall promptly
notify the Congress of each of the following:
``(1) When the number of enrollments of WTC responders
subject to the limit established under section 3311(a)(4) has
reached 80 percent of such limit.
``(2) When the number of certifications for certified-
eligible WTC survivors subject to the limit established under
section 3321(a)(3) has reached 80 percent of such limit.
``(h) Consultation.--The WTC Program Administrator shall
engage in ongoing outreach and consultation with relevant
stakeholders, including the WTC Health Program Steering
Committees and the Advisory Committee under section 3302,
regarding the implementation and improvement of programs
under this title.
``SEC. 3302. WTC HEALTH PROGRAM SCIENTIFIC/TECHNICAL ADVISORY
COMMITTEE; WTC HEALTH PROGRAM STEERING
COMMITTEES.
``(a) Advisory Committee.--
``(1) Establishment.--The WTC Program Administrator shall
establish an advisory committee to be known as the WTC Health
Program Scientific/Technical Advisory Committee (in this
subsection referred to as the `Advisory Committee') to review
scientific and medical evidence and to make recommendations
to the Administrator on additional WTC Program eligibility
criteria and on additional WTC-related health conditions.
``(2) Composition.--The WTC Program Administrator shall
appoint the members of the Advisory Committee and shall
include at least--
``(A) 4 occupational physicians, at least 2 of whom have
experience treating WTC rescue and recovery workers;
``(B) 1 physician with expertise in pulmonary medicine;
``(C) 2 environmental medicine or environmental health
specialists;
``(D) 2 representatives of WTC responders;
``(E) 2 representatives of certified-eligible WTC
survivors;
``(F) an industrial hygienist;
``(G) a toxicologist;
``(H) an epidemiologist; and
``(I) a mental health professional.
``(3) Meetings.--The Advisory Committee shall meet at such
frequency as may be required to carry out its duties.
``(4) Reports.--The WTC Program Administrator shall provide
for publication of recommendations of the Advisory Committee
on the public Web site established for the WTC Program.
[[Page H6384]]
``(5) Duration.--Notwithstanding any other provision of
law, the Advisory Committee shall continue in operation
during the period in which the WTC Program is in operation.
``(6) Application of faca.--Except as otherwise
specifically provided, the Advisory Committee shall be
subject to the Federal Advisory Committee Act.
``(b) WTC Health Program Steering Committees.--
``(1) Consultation.--The WTC Program Administrator shall
consult with 2 steering committees (each in this section
referred to as a `Steering Committee') that are established
as follows:
``(A) WTC responders steering committee.--One Steering
Committee, to be known as the WTC Responders Steering
Committee, for the purpose of receiving input from affected
stakeholders and facilitating the coordination of monitoring
and treatment programs for the enrolled WTC responders under
part 1 of subtitle B.
``(B) WTC survivors steering committee.--One Steering
Committee, to be known as the WTC Survivors Steering
Committee, for the purpose of receiving input from affected
stakeholders and facilitating the coordination of initial
health evaluations, monitoring, and treatment programs for
screening-eligible and certified-eligible WTC survivors under
part 2 of subtitle B.
``(2) Membership.--
``(A) WTC responders steering committee.--
``(i) Representation.--The WTC Responders Steering
Committee shall include--
``(I) representatives of the Centers of Excellence
providing services to WTC responders;
``(II) representatives of labor organizations representing
firefighters, police, other New York City employees, and
recovery and cleanup workers who responded to the September
11, 2001, terrorist attacks; and
``(III) 3 representatives of New York City, 1 of whom will
be selected by the police commissioner of New York City, 1 by
the health commissioner of New York City, and 1 by the mayor
of New York City.
``(ii) Initial membership.--The WTC Responders Steering
Committee shall initially be composed of members of the WTC
Monitoring and Treatment Program Steering Committee (as in
existence on the day before the date of the enactment of this
title).
``(B) WTC survivors steering committee.--
``(i) Representation.--The WTC Survivors Steering Committee
shall include representatives of--
``(I) the Centers of Excellence providing services to
screening-eligible and certified-eligible WTC survivors;
``(II) the population of residents, students, and area and
other workers affected by the September 11, 2001, terrorist
attacks;
``(III) screening-eligible and certified-eligible survivors
receiving initial health evaluations, monitoring, or
treatment under part 2 of subtitle B and organizations
advocating on their behalf; and
``(IV) New York City.
``(ii) Initial membership.--The WTC Survivors Steering
Committee shall initially be composed of members of the WTC
Environmental Health Center Survivor Advisory Committee (as
in existence on the day before the date of the enactment of
this title).
``(C) Additional appointments.--Each Steering Committee may
recommend, if approved by a majority of voting members of the
Committee, additional members to the Committee.
``(D) Vacancies.--A vacancy in a Steering Committee shall
be filled by an individual recommended by the Steering
Committee.
``SEC. 3303. EDUCATION AND OUTREACH.
``The WTC Program Administrator shall institute a program
that provides education and outreach on the existence and
availability of services under the WTC Program. The outreach
and education program--
``(1) shall include--
``(A) the establishment of a public Web site with
information about the WTC Program;
``(B) meetings with potentially eligible populations;
``(C) development and dissemination of outreach materials
informing people about the program; and
``(D) the establishment of phone information services; and
``(2) shall be conducted in a manner intended--
``(A) to reach all affected populations; and
``(B) to include materials for culturally and
linguistically diverse populations.
``SEC. 3304. UNIFORM DATA COLLECTION AND ANALYSIS.
``(a) In General.--The WTC Program Administrator shall
provide for the uniform collection of data (and analysis of
data and regular reports to the Administrator) on the
prevalence of WTC-related health conditions and the
identification of new WTC-related health conditions. Such
data shall be collected for all individuals provided
monitoring or treatment benefits under subtitle B and
regardless of their place of residence or Clinical Center of
Excellence through which the benefits are provided. The WTC
Program Administrator shall provide, through the Data Centers
or otherwise, for the integration of such data into the
monitoring and treatment program activities under this title.
``(b) Coordinating Through Centers of Excellence.--Each
Clinical Center of Excellence shall collect data described in
subsection (a) and report such data to the corresponding Data
Center for analysis by such Data Center.
``(c) Collaboration With WTC Health Registry.--The WTC
Program Administrator shall provide for collaboration between
the Data Centers and the World Trade Center Health Registry
described in section 3342.
``(d) Privacy.--The data collection and analysis under this
section shall be conducted and maintained in a manner that
protects the confidentiality of individually identifiable
health information consistent with applicable statutes and
regulations, including, as applicable, HIPAA privacy and
security law (as defined in section 3009(a)(2)) and section
552a of title 5, United States Code.
``SEC. 3305. CLINICAL CENTERS OF EXCELLENCE AND DATA CENTERS.
``(a) In General.--
``(1) Contracts with clinical centers of excellence.--The
WTC Program Administrator shall, subject to subsection
(b)(1)(B), enter into contracts with Clinical Centers of
Excellence (as defined in subsection (b)(1)(A))--
``(A) for the provision of monitoring and treatment
benefits and initial health evaluation benefits under
subtitle B;
``(B) for the provision of outreach activities to
individuals eligible for such monitoring and treatment
benefits, for initial health evaluation benefits, and for
followup to individuals who are enrolled in the monitoring
program;
``(C) for the provision of counseling for benefits under
subtitle B, with respect to WTC-related health conditions,
for individuals eligible for such benefits;
``(D) for the provision of counseling for benefits for WTC-
related health conditions that may be available under
workers' compensation or other benefit programs for work-
related injuries or illnesses, health insurance, disability
insurance, or other insurance plans or through public or
private social service agencies and assisting eligible
individuals in applying for such benefits;
``(E) for the provision of translational and interpretive
services for program participants who are not English
language proficient; and
``(F) for the collection and reporting of data in
accordance with section 3304.
``(2) Contracts with data centers.--
``(A) In general.--The WTC Program Administrator shall
enter into contracts with Data Centers (as defined in
subsection (b)(2))--
``(i) for receiving, analyzing, and reporting to the WTC
Program Administrator on data, in accordance with section
3304, that have been collected and reported to such Data
Centers by the corresponding Clinical Centers of Excellence
under subsection (b)(1)(B)(iii);
``(ii) for the development of monitoring, initial health
evaluation, and treatment protocols, with respect to WTC-
related health conditions;
``(iii) for coordinating the outreach activities conducted
under paragraph (1)(B) by each corresponding Clinical Center
of Excellence;
``(iv) for establishing criteria for the credentialing of
medical providers participating in the nationwide network
under section 3313;
``(v) for coordinating and administering the activities of
the WTC Health Program Steering Committees established under
section 3002(b); and
``(vi) for meeting periodically with the corresponding
Clinical Centers of Excellence to obtain input on the
analysis and reporting of data collected under clause (i) and
on the development of monitoring, initial health evaluation,
and treatment protocols under clause (ii).
``(B) Medical provider selection.--The medical providers
under subparagraph (A)(iv) shall be selected by the WTC
Program Administrator on the basis of their experience
treating or diagnosing the health conditions included in the
list of WTC-related health conditions.
``(C) Clinical discussions.--In carrying out subparagraph
(A)(ii), a Data Center shall engage in clinical discussions
across the WTC Program to guide treatment approaches for
individuals with a WTC-related health condition.
``(D) Transparency of data.--A contract entered into under
this subsection with a Data Center shall require the Data
Center to make any data collected and reported to such Center
under subsection (b)(1)(B)(iii) available to health
researchers and others as provided in the CDC/ATSDR Policy on
Releasing and Sharing Data.
``(3) Authority for contracts to be class specific.--A
contract entered into under this subsection with a Clinical
Center of Excellence or a Data Center may be with respect to
one or more class of enrolled WTC responders, screening-
eligible WTC survivors, or certified-eligible WTC survivors.
``(4) Use of cooperative agreements.--Any contract under
this title between the WTC Program Administrator and a Data
Center or a Clinical Center of Excellence may be in the form
of a cooperative agreement.
``(b) Centers of Excellence.--
``(1) Clinical centers of excellence.--
``(A) Definition.--For purposes of this title, the term
`Clinical Center of Excellence' means a Center that
demonstrates to the satisfaction of the Administrator that
the Center--
[[Page H6385]]
``(i) uses an integrated, centralized health care provider
approach to create a comprehensive suite of health services
under this title that are accessible to enrolled WTC
responders, screening-eligible WTC survivors, or certified-
eligible WTC survivors;
``(ii) has experience in caring for WTC responders and
screening-eligible WTC survivors or includes health care
providers who have been trained pursuant to section 3313(c);
``(iii) employs health care provider staff with expertise
that includes, at a minimum, occupational medicine,
environmental medicine, trauma-related psychiatry and
psychology, and social services counseling; and
``(iv) meets such other requirements as specified by the
Administrator.
``(B) Contract requirements.--The WTC Program Administrator
shall not enter into a contract with a Clinical Center of
Excellence under subsection (a)(1) unless the Center agrees
to do each of the following:
``(i) Establish a formal mechanism for consulting with and
receiving input from representatives of eligible populations
receiving monitoring and treatment benefits under subtitle B
from such Center.
``(ii) Coordinate monitoring and treatment benefits under
subtitle B with routine medical care provided for the
treatment of conditions other than WTC-related health
conditions.
``(iii) Collect and report to the corresponding Data Center
data in accordance with section 3304(b).
``(iv) Have in place safeguards against fraud that are
satisfactory to the Administrator, in consultation with the
Inspector General of the Department of Health and Human
Services.
``(v) Treat or refer for treatment all individuals who are
enrolled WTC responders or certified-eligible WTC survivors
with respect to such Center who present themselves for
treatment of a WTC-related health condition.
``(vi) Have in place safeguards, consistent with section
3304(c), to ensure the confidentiality of an individual's
individually identifiable health information, including
requiring that such information not be disclosed to the
individual's employer without the authorization of the
individual.
``(vii) Use amounts paid under subsection (c)(1) only for
costs incurred in carrying out the activities described in
subsection (a), other than those described in subsection
(a)(1)(A).
``(viii) Utilize health care providers with occupational
and environmental medicine expertise to conduct physical and
mental health assessments, in accordance with protocols
developed under subsection (a)(2)(A)(ii).
``(ix) Communicate with WTC responders and screening-
eligible and certified-eligible WTC survivors in appropriate
languages and conduct outreach activities with relevant
stakeholder worker or community associations.
``(x) Meet all the other applicable requirements of this
title, including regulations implementing such requirements.
``(C) Transition rule to ensure continuity of care.--The
WTC Program Administrator shall to the maximum extent
feasible ensure continuity of care in any period of
transition from monitoring and treatment of an enrolled WTC
responder or certified-eligible WTC survivor by a provider to
a Clinical Center of Excellence or a health care provider
participating in the nationwide network under section 3313.
``(2) Data centers.--For purposes of this title, the term
`Data Center' means a Center that the WTC Program
Administrator determines has the capacity to carry out the
responsibilities for a Data Center under subsection (a)(2).
``(3) Corresponding centers.--For purposes of this title, a
Clinical Center of Excellence and a Data Center shall be
treated as `corresponding' to the extent that such Clinical
Center and Data Center serve the same population group.
``(c) Payment for Infrastructure Costs.--
``(1) In general.--The WTC Program Administrator shall
reimburse a Clinical Center of Excellence for the fixed
infrastructure costs of such Center in carrying out the
activities described in subtitle B at a rate negotiated by
the Administrator and such Centers. Such negotiated rate
shall be fair and appropriate and take into account the
number of enrolled WTC responders receiving services from
such Center under this title.
``(2) Fixed infrastructure costs.--For purposes of
paragraph (1), the term `fixed infrastructure costs' means,
with respect to a Clinical Center of Excellence, the costs
incurred by such Center that are not reimbursable by the WTC
Program Administrator under section 3312(c).
``SEC. 3306. DEFINITIONS.
``In this title:
``(1) The term `aggravating' means, with respect to a
health condition, a health condition that existed on
September 11, 2001, and that, as a result of exposure to
airborne toxins, any other hazard, or any other adverse
condition resulting from the September 11, 2001, terrorist
attacks, requires medical treatment that is (or will be) in
addition to, more frequent than, or of longer duration than
the medical treatment that would have been required for such
condition in the absence of such exposure.
``(2) The term `certified-eligible WTC survivor' has the
meaning given such term in section 3321(a)(2).
``(3) The terms `Clinical Center of Excellence' and `Data
Center' have the meanings given such terms in section 3305.
``(4) The term `enrolled WTC responder' means a WTC
responder enrolled under section 3311(a)(3).
``(5) The term `initial health evaluation' includes, with
respect to an individual, a medical and exposure history, a
physical examination, and additional medical testing as
needed to evaluate whether the individual has a WTC-related
health condition and is eligible for treatment under the WTC
Program.
``(6) The term `list of WTC-related health conditions'
means--
``(A) for WTC responders, the health conditions listed in
section 3312(a)(3); and
``(B) for screening-eligible and certified-eligible WTC
survivors, the health conditions listed in section 3322(b).
``(7) The term `New York City disaster area' means the area
within New York City that is--
``(A) the area of Manhattan that is south of Houston
Street; and
``(B) any block in Brooklyn that is wholly or partially
contained within a 1.5-mile radius of the former World Trade
Center site.
``(8) The term `New York metropolitan area' means an area,
specified by the WTC Program Administrator, within which WTC
responders and eligible WTC screening-eligible survivors who
reside in such area are reasonably able to access monitoring
and treatment benefits and initial health evaluation benefits
under this title through a Clinical Center of Excellence
described in subparagraphs (A), (B), or (C) of section
3305(b)(1).
``(9) The term `screening-eligible WTC survivor' has the
meaning given such term in section 3321(a)(1).
``(10) Any reference to `September 11, 2001' shall be
deemed a reference to the period on such date subsequent to
the terrorist attacks at the World Trade Center, Shanksville,
Pennsylvania, or the Pentagon, as applicable, on such date.
``(11) The term `September 11, 2001, terrorist attacks'
means the terrorist attacks that occurred on September 11,
2001, in New York City, in Shanksville, Pennsylvania, and at
the Pentagon, and includes the aftermath of such attacks.
``(12) The term `WTC Health Program Steering Committee'
means such a Steering Committee established under section
3302(b).
``(13) The term `WTC Program' means the Word Trade Center
Health Program established under section 3301(a).
``(14) The term `WTC Program Administrator' means--
``(A) with respect to paragraphs (3) and (4) of section
3311(a) (relating to enrollment of WTC responders), section
3312(c) and the corresponding provisions of section 3322
(relating to payment for initial health evaluation,
monitoring, and treatment), paragraphs (1)(C), (2)(B), and
(3) of section 3321(a) (relating to determination or
certification of screening-eligible or certified-eligible WTC
responders), and part 3 of subtitle B (relating to payor
provisions), an official in the Department of Health and
Human Services, to be designated by the Secretary; and
``(B) with respect to any other provision of this title,
the Director of the National Institute for Occupational
Safety and Health, or a designee of such Director.
``(15) The term `WTC-related health condition' is defined
in section 3312(a).
``(16) The term `WTC responder' is defined in section
3311(a).
``(17) The term `WTC Scientific/Technical Advisory
Committee' means such Committee established under section
3302(a).
``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.
``(a) WTC Responder Defined.--
``(1) In general.--For purposes of this title, the term
`WTC responder' means any of the following individuals,
subject to paragraph (4):
``(A) Currently identified responder.--An individual who
has been identified as eligible for monitoring under the
arrangements as in effect on the date of the enactment of
this title between the National Institute for Occupational
Safety and Health and--
``(i) the consortium coordinated by Mt. Sinai Hospital in
New York City that coordinates the monitoring and treatment
for enrolled WTC responders other than with respect to those
covered under the arrangement with the Fire Department of New
York City; or
``(ii) the Fire Department of New York City.
``(B) Responder who meets current eligibility criteria.--An
individual who meets the current eligibility criteria
described in paragraph (2).
``(C) Responder who meets modified eligibility criteria.--
An individual who--
``(i) performed rescue, recovery, demolition, debris
cleanup, or other related services in the New York City
disaster area in response to the September 11, 2001,
terrorist attacks, regardless of whether such services were
performed by a State or Federal employee or member of the
National Guard or otherwise; and
``(ii) meets such eligibility criteria relating to exposure
to airborne toxins, other hazards, or adverse conditions
resulting from the September 11, 2001, terrorist attacks as
the WTC Program Administrator, after consultation with the
WTC Scientific/Technical
[[Page H6386]]
Advisory Committee, determines appropriate.
The WTC Program Administrator shall not modify such
eligibility criteria on or after the date that the number of
enrollments of WTC responders has reached 80 percent of the
limit described in paragraph (4) or on or after the date that
the number of certifications for certified-eligible WTC
survivors under section 3321(a)(2)(B) has reached 80 percent
of the limit described in section 3321(a)(3).
``(2) Current eligibility criteria.--The eligibility
criteria described in this paragraph for an individual is
that the individual is described in any of the following
categories:
``(A) Firefighters and related personnel.--The individual--
``(i) was a member of the Fire Department of New York City
(whether fire or emergency personnel, active or retired) who
participated at least one day in the rescue and recovery
effort at any of the former World Trade Center sites
(including Ground Zero, Staten Island Landfill, and the New
York City Chief Medical Examiner's Office) for any time
during the period beginning on September 11, 2001, and ending
on July 31, 2002; or
``(ii)(I) is a surviving immediate family member of an
individual who was a member of the Fire Department of New
York City (whether fire or emergency personnel, active or
retired) and was killed at the World Trade site on September
11, 2001; and
``(II) received any treatment for a WTC-related health
condition described in section 3312(a)(1)(A)(ii) (relating to
mental health conditions) on or before September 1, 2008.
``(B) Law enforcement officers and wtc rescue, recovery,
and cleanup workers.--The individual--
``(i) worked or volunteered onsite in rescue, recovery,
debris cleanup, or related support services in lower
Manhattan (south of Canal St.), the Staten Island Landfill,
or the barge loading piers, for at least 4 hours during the
period beginning on September 11, 2001, and ending on
September 14, 2001, for at least 24 hours during the period
beginning on September 11, 2001, and ending on September 30,
2001, or for at least 80 hours during the period beginning on
September 11, 2001, and ending on July 31, 2002;
``(ii)(I) was a member of the Police Department of New York
City (whether active or retired) or a member of the Port
Authority Police of the Port Authority of New York and New
Jersey (whether active or retired) who participated onsite in
rescue, recovery, debris cleanup, or related services in
lower Manhattan (south of Canal St.), including Ground Zero,
the Staten Island Landfill, or the barge loading piers, for
at least 4 hours during the period beginning September 11,
2001, and ending on September 14, 2001;
``(II) participated onsite in rescue, recovery, debris
cleanup, or related services in at Ground Zero, the Staten
Island Landfill, or the barge loading piers, for at least one
day during the period beginning on September 11, 2001, and
ending on July 31, 2002;
``(III) participated onsite in rescue, recovery, debris
cleanup, or related services in lower Manhattan (south of
Canal St.) for at least 24 hours during the period beginning
on September 11, 2001, and ending on September 30, 2001; or
``(IV) participated onsite in rescue, recovery, debris
cleanup, or related services in lower Manhattan (south of
Canal St.) for at least 80 hours during the period beginning
on September 11, 2001, and ending on July 31, 2002;
``(iii) was an employee of the Office of the Chief Medical
Examiner of New York City involved in the examination and
handling of human remains from the World Trade Center
attacks, or other morgue worker who performed similar post-
September 11 functions for such Office staff, during the
period beginning on September 11, 2001, and ending on July
31, 2002;
``(iv) was a worker in the Port Authority Trans-Hudson
Corporation Tunnel for at least 24 hours during the period
beginning on February 1, 2002, and ending on July 1, 2002; or
``(v) was a vehicle-maintenance worker who was exposed to
debris from the former World Trade Center while retrieving,
driving, cleaning, repairing, and maintaining vehicles
contaminated by airborne toxins from the September 11, 2001,
terrorist attacks during a duration and period described in
subparagraph (A).
``(C) Responders to the september 11 attacks at the
pentagon and shanksville, pennsylvania.--The individual--
``(i)(I) was a member of a fire or police department
(whether fire or emergency personnel, active or retired),
worked for a recovery or cleanup contractor, or was a
volunteer; and performed rescue, recovery, demolition, debris
cleanup, or other related services at the Pentagon site of
the terrorist-related aircraft crash of September 11, 2001,
during the period beginning on September 11, 2001, and ending
on the date on which the cleanup of the site was concluded,
as determined by the WTC Program Administrator; or
``(II) was a member of a fire or police department (whether
fire or emergency personnel, active or retired), worked for a
recovery or cleanup contractor, or was a volunteer; and
performed rescue, recovery, demolition, debris cleanup, or
other related services at the Shanksville, Pennsylvania, site
of the terrorist-related aircraft crash of September 11,
2001, during the period beginning on September 11, 2001, and
ending on the date on which the cleanup of the site was
concluded, as determined by the WTC Program Administrator;
and
``(ii) is determined by the WTC Program Administrator to be
at an increased risk of developing a WTC-related health
condition as a result of exposure to airborne toxins, other
hazards, or adverse conditions resulting from the September
11, 2001, terrorist attacks, and meets such eligibility
criteria related to such exposures, as the WTC Program
Administrator determines are appropriate, after consultation
with the WTC Scientific/Technical Advisory Committee.
``(3) Enrollment process.--
``(A) In general.--The WTC Program Administrator shall
establish a process for enrolling WTC responders in the WTC
Program. Under such process--
``(i) WTC responders described in paragraph (1)(A) shall be
deemed to be enrolled in such Program;
``(ii) subject to clause (iii), the Administrator shall
enroll in such program individuals who are determined to be
WTC responders;
``(iii) the Administrator shall deny such enrollment to an
individual if the Administrator determines that the numerical
limitation in paragraph (4) on enrollment of WTC responders
has been met;
``(iv) there shall be no fee charged to the applicant for
making an application for such enrollment;
``(v) the Administrator shall make a determination on such
an application not later than 60 days after the date of
filing the application; and
``(vi) an individual who is denied enrollment in such
Program shall have an opportunity to appeal such
determination in a manner established under such process.
``(B) Timing.--
``(i) Currently identified responders.--In accordance with
subparagraph (A)(i), the WTC Program Administrator shall
enroll an individual described in paragraph (1)(A) in the WTC
Program not later than July 1, 2011.
``(ii) Other responders.--In accordance with subparagraph
(A)(ii) and consistent with paragraph (4), the WTC Program
Administrator shall enroll any other individual who is
determined to be a WTC responder in the WTC Program at the
time of such determination.
``(4) Numerical limitation on eligible wtc responders.--
``(A) In general.--The total number of individuals not
described in paragraph (1)(A) or (2)(A)(ii) who may be
enrolled under paragraph (3)(A)(ii) shall not exceed 25,000
at any time, of which no more than 2,500 may be individuals
enrolled based on modified eligibility criteria established
under paragraph (1)(C).
``(B) Process.--In implementing subparagraph (A), the WTC
Program Administrator shall--
``(i) limit the number of enrollments made under paragraph
(3)--
``(I) in accordance with such subparagraph; and
``(II) to such number, as determined by the Administrator
based on the best available information and subject to
amounts available under section 3351, that will ensure
sufficient funds will be available to provide treatment and
monitoring benefits under this title, with respect to all
individuals who are enrolled through the end of fiscal year
2020; and
``(ii) provide priority (subject to paragraph (3)(A)(i)) in
such enrollments in the order in which individuals apply for
enrollment under paragraph (3).
``(5) Disqualification of individuals on terrorist watch
list.--No individual who is on the terrorist watch list
maintained by the Department of Homeland Security shall
qualify as an eligible WTC responder. Before enrolling any
individual as a WTC responder in the WTC Program under
paragraph (3), the Administrator, in consultation with the
Secretary of Homeland Security, shall determine whether the
individual is on such list.
``(b) Monitoring Benefits.--
``(1) In general.--In the case of an enrolled WTC responder
(other than one described in subsection (a)(2)(A)(ii)), the
WTC Program shall provide for monitoring benefits that
include monitoring consistent with protocols approved by the
WTC Program Administrator and including clinical examinations
and long-term health monitoring and analysis. In the case of
an enrolled WTC responder who is an active member of the Fire
Department of New York City, the responder shall receive such
benefits as part of the individual's periodic company medical
exams.
``(2) Provision of monitoring benefits.--The monitoring
benefits under paragraph (1) shall be provided through the
Clinical Center of Excellence for the type of individual
involved or, in the case of an individual residing outside
the New York metropolitan area, under an arrangement under
section 3313.
``SEC. 3312. TREATMENT OF ENROLLED WTC RESPONDERS FOR WTC-
RELATED HEALTH CONDITIONS.
``(a) WTC-Related Health Condition Defined.--
``(1) In general.--For purposes of this title, the term
`WTC-related health condition' means a condition that--
``(A)(i) is an illness or health condition for which
exposure to airborne toxins, any other hazard, or any other
adverse condition resulting from the September 11, 2001,
terrorist attacks, based on an examination by a medical
professional with experience in treating or diagnosing the
health conditions included in the applicable list of WTC-
related health
[[Page H6387]]
conditions, is substantially likely to be a significant
factor in aggravating, contributing to, or causing the
illness or health condition, as determined under paragraph
(2); or
``(ii) is a mental health condition for which such attacks,
based on an examination by a medical professional with
experience in treating or diagnosing the health conditions
included in the applicable list of WTC-related health
conditions, is substantially likely to be a significant
factor in aggravating, contributing to, or causing the
condition, as determined under paragraph (2); and
``(B) is included in the applicable list of WTC-related
health conditions or--
``(i) with respect to a WTC responder, is provided
certification of coverage under subsection (b)(2)(B)(iii); or
``(ii) with respect to a screening-eligible WTC survivor or
certified-eligible WTC survivor, is provided certification of
coverage under subsection (b)(2)(B)(iii), as applied under
section 3322(a).
In the case of a WTC responder described in section
3311(a)(2)(A)(ii) (relating to a surviving immediate family
member of a firefighter), such term does not include an
illness or health condition described in subparagraph (A)(i).
``(2) Determination.--The determination under paragraph (1)
or subsection (b) of whether the September 11, 2001,
terrorist attacks were substantially likely to be a
significant factor in aggravating, contributing to, or
causing an individual's illness or health condition shall be
made based on an assessment of the following:
``(A) The individual's exposure to airborne toxins, any
other hazard, or any other adverse condition resulting from
the terrorist attacks. Such exposure shall be--
``(i) evaluated and characterized through the use of a
standardized, population-appropriate questionnaire approved
by the Director of the National Institute for Occupational
Safety and Health; and
``(ii) assessed and documented by a medical professional
with experience in treating or diagnosing health conditions
included on the list of WTC-related health conditions.
``(B) The type of symptoms and temporal sequence of
symptoms. Such symptoms shall be--
``(i) assessed through the use of a standardized,
population-appropriate medical questionnaire approved by the
Director of the National Institute for Occupational Safety
and Health and a medical examination; and
``(ii) diagnosed and documented by a medical professional
described in subparagraph (A)(ii).
``(3) List of health conditions for wtc responders.--The
list of health conditions for WTC responders consists of the
following:
``(A) Aerodigestive disorders.--
``(i) Interstitial lung diseases.
``(ii) Chronic respiratory disorder--fumes/vapors.
``(iii) Asthma.
``(iv) Reactive airways dysfunction syndrome (RADS).
``(v) WTC-exacerbated chronic obstructive pulmonary disease
(COPD).
``(vi) Chronic cough syndrome.
``(vii) Upper airway hyperreactivity.
``(viii) Chronic rhinosinusitis.
``(ix) Chronic nasopharyngitis.
``(x) Chronic laryngitis.
``(xi) Gastroesophageal reflux disorder (GERD).
``(xii) Sleep apnea exacerbated by or related to a
condition described in a previous clause.
``(B) Mental health conditions.--
``(i) Posttraumatic stress disorder (PTSD).
``(ii) Major depressive disorder.
``(iii) Panic disorder.
``(iv) Generalized anxiety disorder.
``(v) Anxiety disorder (not otherwise specified).
``(vi) Depression (not otherwise specified).
``(vii) Acute stress disorder.
``(viii) Dysthymic disorder.
``(ix) Adjustment disorder.
``(x) Substance abuse.
``(C) Musculoskeletal disorders for certain wtc
responders.--In the case of a WTC responder described in
paragraph (4), a condition described in such paragraph.
``(D) Additional conditions.--Any cancer (or type of
cancer) or other condition added, pursuant to paragraph (5)
or (6), to the list under this paragraph.
``(4) Musculoskeletal disorders.--
``(A) In general.--For purposes of this title, in the case
of a WTC responder who received any treatment for a WTC-
related musculoskeletal disorder on or before September 11,
2003, the list of health conditions in paragraph (3) shall
include:
``(i) Low back pain.
``(ii) Carpal tunnel syndrome (CTS).
``(iii) Other musculoskeletal disorders.
``(B) Definition.--The term `WTC-related musculoskeletal
disorder' means a chronic or recurrent disorder of the
musculoskeletal system caused by heavy lifting or repetitive
strain on the joints or musculoskeletal system occurring
during rescue or recovery efforts in the New York City
disaster area in the aftermath of the September 11, 2001,
terrorist attacks.
``(5) Cancer.--
``(A) In general.--The WTC Program Administrator shall
periodically conduct a review of all available scientific and
medical evidence, including findings and recommendations of
Clinical Centers of Excellence, published in peer-reviewed
journals to determine if, based on such evidence, cancer or a
certain type of cancer should be added to the applicable list
of WTC-related health conditions. The WTC Program
Administrator shall conduct the first review under this
subparagraph not later than 180 days after the date of the
enactment of this title.
``(B) Proposed regulations and rulemaking.--Based on the
periodic reviews under subparagraph (A), if the WTC Program
Administrator determines that cancer or a certain type of
cancer should be added to such list of WTC-related health
conditions, the WTC Program Administrator shall propose
regulations, through rulemaking, to add cancer or the certain
type of cancer to such list.
``(C) Final regulations.--Based on all the available
evidence in the rulemaking record, the WTC Program
Administrator shall make a final determination of whether
cancer or a certain type of cancer should be added to such
list of WTC-related health conditions. If such a
determination is made to make such an addition, the WTC
Program Administrator shall by regulation add cancer or the
certain type of cancer to such list.
``(D) Determinations not to add cancer or certain types of
cancer.--In the case that the WTC Program Administrator
determines under subparagraph (B) or (C) that cancer or a
certain type of cancer should not be added to such list of
WTC-related health conditions, the WTC Program Administrator
shall publish an explanation for such determination in the
Federal Register. Any such determination to not make such an
addition shall not preclude the addition of cancer or the
certain type of cancer to such list at a later date.
``(6) Addition of health conditions to list for wtc
responders.--
``(A) In general.--Whenever the WTC Program Administrator
determines that a proposed rule should be promulgated to add
a health condition to the list of health conditions in
paragraph (3), the Administrator may request a recommendation
of the Advisory Committee or may publish such a proposed rule
in the Federal Register in accordance with subparagraph (D).
``(B) Administrator's options after receipt of petition.--
In the case that the WTC Program Administrator receives a
written petition by an interested party to add a health
condition to the list of health conditions in paragraph (3),
not later than 60 days after the date of receipt of such
petition the Administrator shall--
``(i) request a recommendation of the Advisory Committee;
``(ii) publish a proposed rule in the Federal Register to
add such health condition, in accordance with subparagraph
(D);
``(iii) publish in the Federal Register the Administrator's
determination not to publish such a proposed rule and the
basis for such determination; or
``(iv) publish in the Federal Register a determination that
insufficient evidence exists to take action under clauses (i)
through (iii).
``(C) Action by advisory committee.--In the case that the
Administrator requests a recommendation of the Advisory
Committee under this paragraph, with respect to adding a
health condition to the list in paragraph (3), the Advisory
Committee shall submit to the Administrator such
recommendation not later than 60 days after the date of such
request or by such date (not to exceed 180 days after such
date of request) as specified by the Administrator. Not later
than 60 days after the date of receipt of such
recommendation, the Administrator shall, in accordance with
subparagraph (D), publish in the Federal Register a proposed
rule with respect to such recommendation or a determination
not to propose such a proposed rule and the basis for such
determination.
``(D) Publication.--The WTC Program Administrator shall,
with respect to any proposed rule under this paragraph--
``(i) publish such proposed rule in accordance with section
553 of title 5, United States Code; and
``(ii) provide interested parties a period of 30 days after
such publication to submit written comments on the proposed
rule.
The WTC Program Administrator may extend the period described
in clause (ii) upon a finding of good cause. In the case of
such an extension, the Administrator shall publish such
extension in the Federal Register.
``(E) Interested party defined.--For purposes of this
paragraph, the term `interested party' includes a
representative of any organization representing WTC
responders, a nationally recognized medical association, a
Clinical or Data Center, a State or political subdivision, or
any other interested person.
``(b) Coverage of Treatment for WTC-Related Health
Conditions.--
``(1) Determination for enrolled wtc responders based on a
wtc-related health condition.--
``(A) In general.--If a physician at a Clinical Center of
Excellence that is providing monitoring benefits under
section 3311 for an enrolled WTC responder makes a
determination that the responder has a WTC-related health
condition that is in the list in subsection (a)(3) and that
exposure to airborne toxins, other hazards, or adverse
conditions resulting from the September 1, 2001, terrorist
attacks is substantially likely to be a significant factor in
aggravating, contributing to, or causing the condition--
``(i) the physician shall promptly transmit such
determination to the WTC Program Administrator and provide
the Administrator with the medical facts supporting such
determination; and
``(ii) on and after the date of such transmittal and
subject to subparagraph (B), the
[[Page H6388]]
WTC Program shall provide for payment under subsection (c)
for medically necessary treatment for such condition.
``(B) Review; certification; appeals.--
``(i) Review.--A Federal employee designated by the WTC
Program Administrator shall review determinations made under
subparagraph (A).
``(ii) Certification.--The Administrator shall provide a
certification of such condition based upon reviews conducted
under clause (i). Such a certification shall be provided
unless the Administrator determines that the responder's
condition is not a WTC-related health condition in the list
in subsection (a)(3) or that exposure to airborne toxins,
other hazards, or adverse conditions resulting from the
September 1, 2001, terrorist attacks is not substantially
likely to be a significant factor in aggravating,
contributing to, or causing the condition.
``(iii) Appeal process.--The Administrator shall establish,
by rule, a process for the appeal of determinations under
clause (ii).
``(2) Determination based on medically associated wtc-
related health conditions.--
``(A) In general.--If a physician at a Clinical Center of
Excellence determines pursuant to subsection (a) that the
enrolled WTC responder has a health condition described in
subsection (a)(1)(A) that is not in the list in subsection
(a)(3) but which is medically associated with a WTC-related
health condition--
``(i) the physician shall promptly transmit such
determination to the WTC Program Administrator and provide
the Administrator with the facts supporting such
determination; and
``(ii) the Administrator shall make a determination under
subparagraph (B) with respect to such physician's
determination.
``(B) Procedures for review, certification, and appeal.--
The WTC Program Administrator shall, by rule, establish
procedures for the review and certification of physician
determinations under subparagraph (A). Such rule shall
provide for--
``(i) the timely review of such a determination by a
physician panel with appropriate expertise for the condition
and recommendations to the WTC Program Administrator;
``(ii) not later than 60 days after the date of the
transmittal under subparagraph (A)(i), a determination by the
WTC Program Administrator on whether or not the condition
involved is described in subsection (a)(1)(A) and is
medically associated with a WTC-related health condition;
``(iii) certification in accordance with paragraph
(1)(B)(ii) of coverage of such condition if determined to be
described in subsection (a)(1)(A) and medically associated
with a WTC-related health condition; and
``(iv) a process for appeals of determinations relating to
such conditions.
``(C) Inclusion in list of health conditions.--If the WTC
Program Administrator provides certification under
subparagraph (B)(iii) for coverage of a condition, the
Administrator may, pursuant to subsection (a)(6), add the
condition to the list in subsection (a)(3).
``(D) Conditions already declined for inclusion in list.--
If the WTC Program Administrator publishes a determination
under subsection (a)(6)(B) not to include a condition in the
list in subsection (a)(3), the WTC Program Administrator
shall not provide certification under subparagraph (B)(iii)
for coverage of the condition. In the case of an individual
who is certified under subparagraph (B)(iii) with respect to
such condition before the date of the publication of such
determination the previous sentence shall not apply.
``(3) Requirement of medical necessity.--
``(A) In general.--In providing treatment for a WTC-related
health condition, a physician or other provider shall provide
treatment that is medically necessary and in accordance with
medical treatment protocols established under subsection (d).
``(B) Regulations relating to medical necessity.--For the
purpose of this title, the WTC Program Administrator shall
issue regulations specifying a standard for determining
medical necessity with respect to health care services and
prescription pharmaceuticals, a process for determining
whether treatment furnished and pharmaceuticals prescribed
under this title meet such standard (including any prior
authorization requirement), and a process for appeal of a
determination under subsection (c)(3).
``(4) Scope of treatment covered.--
``(A) In general.--The scope of treatment covered under
this subsection includes services of physicians and other
health care providers, diagnostic and laboratory tests,
prescription drugs, inpatient and outpatient hospital
services, and other medically necessary treatment.
``(B) Pharmaceutical coverage.--With respect to ensuring
coverage of medically necessary outpatient prescription
drugs, such drugs shall be provided, under arrangements made
by the WTC Program Administrator, directly through
participating Clinical Centers of Excellence or through one
or more outside vendors.
``(C) Transportation expenses for nationwide network.--The
WTC Program Administrator may provide for necessary and
reasonable transportation and expenses incident to the
securing of medically necessary treatment through the
nationwide network under section 3313 involving travel of
more than 250 miles and for which payment is made under this
section in the same manner in which individuals may be
furnished necessary and reasonable transportation and
expenses incident to services involving travel of more than
250 miles under regulations implementing section 3629(c) of
the Energy Employees Occupational Illness Compensation
Program Act of 2000 (title XXXVI of Public Law 106-398; 42
U.S.C. 7384t(c)).
``(5) Provision of treatment pending certification.--With
respect to an enrolled WTC responder for whom a determination
is made by an examining physician under paragraph (1) or (2),
but for whom the WTC Program Administrator has not yet
determined whether to certify the determination, the WTC
Program Administrator may establish by rule a process through
which the Administrator may approve the provision of medical
treatment under this subsection (and payment under subsection
(c)) with respect to such responder and such responder's WTC-
related health condition (under such terms and conditions as
the Administrator may provide) until the Administrator makes
a decision on whether to certify the determination.
``(c) Payment for Initial Health Evaluation, Monitoring,
and Treatment of WTC-Related Health Conditions.--
``(1) Medical treatment.--
``(A) Use of feca payment rates.--Subject to subparagraphs
(B) and (C), the WTC Program Administrator shall reimburse
costs for medically necessary treatment under this title for
WTC-related health conditions according to the payment rates
that would apply to the provision of such treatment and
services by the facility under the Federal Employees
Compensation Act. For treatment not covered under the
previous sentence or subparagraph (B), the WTC Program
Administrator shall establish by regulation a reimbursement
rate for such treatment.
``(B) Pharmaceuticals.--
``(i) In general.--The WTC Program Administrator shall
establish a program for paying for the medically necessary
outpatient prescription pharmaceuticals prescribed under this
title for WTC-related health conditions through one or more
contracts with outside vendors.
``(ii) Competitive bidding.--Under such program the
Administrator shall--
``(I) select one or more appropriate vendors through a
Federal competitive bid process; and
``(II) select the lowest bidder (or bidders) meeting the
requirements for providing pharmaceutical benefits for
participants in the WTC Program.
``(iii) Treatment of fdny participants.--Under such program
the Administrator may enter into an agreement with a separate
vendor to provide pharmaceutical benefits to enrolled WTC
responders for whom the Clinical Center of Excellence is
described in section 3305 if such an arrangement is deemed
necessary and beneficial to the program by the WTC Program
Administrator.
``(C) Improving quality and efficiency through modification
of payment amounts and methodologies.--The WTC Program
Administrator may modify the amounts and methodologies for
making payments for initial health evaluations, monitoring,
or treatment, if, taking into account utilization and quality
data furnished by the Clinical Centers of Excellence under
section 3305(b)(1)(B)(iii), the Administrator determines that
a bundling, capitation, pay for performance, or other payment
methodology would better ensure high quality and efficient
delivery of initial health evaluations, monitoring, or
treatment to an enrolled WTC responder, screening-eligible
WTC survivor, or certified-eligible WTC survivor.
``(2) Monitoring and initial health evaluation.--The WTC
Program Administrator shall reimburse the costs of monitoring
and the costs of an initial health evaluation provided under
this title at a rate set by the Administrator by regulation.
``(3) Determination of medical necessity.--
``(A) Review of medical necessity and protocols.--As part
of the process for reimbursement or payment under this
subsection, the WTC Program Administrator shall provide for
the review of claims for reimbursement or payment for the
provision of medical treatment to determine if such treatment
is medically necessary and in accordance with medical
treatment protocols established under subsection (d).
``(B) Withholding of payment for medically unnecessary
treatment.--The Administrator shall withhold such
reimbursement or payment for treatment that the Administrator
determines is not medically necessary or is not in accordance
with such medical treatment protocols.
``(d) Medical Treatment Protocols.--
``(1) Development.--The Data Centers shall develop medical
treatment protocols for the treatment of enrolled WTC
responders and certified-eligible WTC survivors for health
conditions included in the applicable list of WTC-related
health conditions.
``(2) Approval.--The medical treatment protocols developed
under paragraph (1) shall be subject to approval by the WTC
Program Administrator.
``SEC. 3313. NATIONAL ARRANGEMENT FOR BENEFITS FOR ELIGIBLE
INDIVIDUALS OUTSIDE NEW YORK.
``(a) In General.--In order to ensure reasonable access to
benefits under this subtitle for individuals who are enrolled
WTC responders, screening-eligible WTC survivors, or
certified-eligible WTC survivors and who reside in any State,
as defined in section 2(f), outside the New York metropolitan
area, the
[[Page H6389]]
WTC Program Administrator shall establish a nationwide
network of health care providers to provide monitoring and
treatment benefits and initial health evaluations near such
individuals' areas of residence in such States. Nothing in
this subsection shall be construed as preventing such
individuals from being provided such monitoring and treatment
benefits or initial health evaluation through any Clinical
Center of Excellence.
``(b) Network Requirements.--Any health care provider
participating in the network under subsection (a) shall--
``(1) meet criteria for credentialing established by the
Data Centers;
``(2) follow the monitoring, initial health evaluation, and
treatment protocols developed under section
3305(a)(2)(A)(ii);
``(3) collect and report data in accordance with section
3304; and
``(4) meet such fraud, quality assurance, and other
requirements as the WTC Program Administrator establishes,
including sections 1128 through 1128E of the Social Security
Act, as applied by section 3301(d).
``(c) Training and Technical Assistance.--The WTC Program
Administer may provide, including through contract, for the
provision of training and technical assistance to health care
providers participating in the network under subsection (a).
``PART 2--WTC SURVIVORS
``SEC. 3321. IDENTIFICATION AND INITIAL HEALTH EVALUATION OF
SCREENING-ELIGIBLE AND CERTIFIED-ELIGIBLE WTC
SURVIVORS.
``(a) Identification of Screening-Eligible WTC Survivors
and Certified-Eligible WTC Survivors.--
``(1) Screening-eligible wtc survivors.--
``(A) Definition.--In this title, the term `screening-
eligible WTC survivor' means, subject to subparagraph (C) and
paragraph (3), an individual who is described in any of the
following clauses:
``(i) Currently identified survivor.--An individual,
including a WTC responder, who has been identified as
eligible for medical treatment and monitoring by the WTC
Environmental Health Center as of the date of enactment of
this title.
``(ii) Survivor who meets current eligibility criteria.--An
individual who is not a WTC responder, for purposes of the
initial health evaluation under subsection (b), claims
symptoms of a WTC-related health condition and meets any of
the current eligibility criteria described in subparagraph
(B).
``(iii) Survivor who meets modified eligibility criteria.--
An individual who is not a WTC responder, for purposes of the
initial health evaluation under subsection (b), claims
symptoms of a WTC-related health condition and meets such
eligibility criteria relating to exposure to airborne toxins,
other hazards, or adverse conditions resulting from the
September 11, 2001, terrorist attacks as the WTC
Administrator determines, after consultation with the Data
Centers described in section 3305 and the WTC Scientific/
Technical Advisory Committee and WTC Health Program Steering
Committees under section 3302.
The Administrator shall not modify such criteria under clause
(iii) on or after the date that the number of certifications
for certified-eligible WTC survivors under paragraph (2)(B)
has reached 80 percent of the limit described in paragraph
(3) or on or after the date that the number of enrollments of
WTC responders has reached 80 percent of the limit described
in section 3311(a)(4).
``(B) Current eligibility criteria.--The eligibility
criteria described in this subparagraph for an individual are
that the individual is described in any of the following
clauses:
``(i) A person who was present in the New York City
disaster area in the dust or dust cloud on September 11,
2001.
``(ii) A person who worked, resided, or attended school,
childcare, or adult daycare in the New York City disaster
area for--
``(I) at least 4 days during the 4-month period beginning
on September 11, 2001, and ending on January 10, 2002; or
``(II) at least 30 days during the period beginning on
September 11, 2001, and ending on July 31, 2002.
``(iii) Any person who worked as a cleanup worker or
performed maintenance work in the New York City disaster area
during the 4-month period described in subparagraph (B)(i)
and had extensive exposure to WTC dust as a result of such
work.
``(iv) A person who was deemed eligible to receive a grant
from the Lower Manhattan Development Corporation Residential
Grant Program, who possessed a lease for a residence or
purchased a residence in the New York City disaster area, and
who resided in such residence during the period beginning on
September 11, 2001, and ending on May 31, 2003.
``(v) A person whose place of employment--
``(I) at any time during the period beginning on September
11, 2001, and ending on May 31, 2003, was in the New York
City disaster area; and
``(II) was deemed eligible to receive a grant from the
Lower Manhattan Development Corporation WTC Small Firms
Attraction and Retention Act program or other government
incentive program designed to revitalize the lower Manhattan
economy after the September 11, 2001, terrorist attacks.
``(C) Application and determination process for screening
eligibility.--
``(i) In general.--The WTC Program Administrator in
consultation with the Data Centers shall establish a process
for individuals, other than individuals described in
subparagraph (A)(i), to be determined to be screening-
eligible WTC survivors. Under such process--
``(I) there shall be no fee charged to the applicant for
making an application for such determination;
``(II) the Administrator shall make a determination on such
an application not later than 60 days after the date of
filing the application;
``(III) the Administrator shall make such a determination
relating to an applicant's compliance with this title and
shall not determine that an individual is not so eligible or
deny written documentation under clause (ii) to such
individual unless the Administrator determines that--
``(aa) based on the application submitted, the individual
does not meet the eligibility criteria; or
``(bb) the numerical limitation on certifications of
certified-eligible WTC survivors set forth in paragraph (3)
has been met; and
``(IV) an individual who is determined not to be a
screening-eligible WTC survivor shall have an opportunity to
appeal such determination in a manner established under such
process.
``(ii) Written documentation of screening-eligibility.--
``(I) In general.--In the case of an individual who is
described in subparagraph (A)(i) or who is determined under
clause (i) (consistent with paragraph (3)) to be a screening-
eligible WTC survivor, the WTC Program Administrator shall
provide an appropriate written documentation of such fact.
``(II) Timing.--
``(aa) Currently identified survivors.--In the case of an
individual who is described in subparagraph (A)(i), the WTC
Program Administrator shall provide the written documentation
under subclause (I) not later than July 1, 2011.
``(bb) Other members.--In the case of another individual
who is determined under clause (i) and consistent with
paragraph (3) to be a screening-eligible WTC survivor, the
WTC Program Administrator shall provide the written
documentation under subclause (I) at the time of such
determination.
``(2) Certified-eligible wtc survivors.--
``(A) Definition.--The term `certified-eligible WTC
survivor' means, subject to paragraph (3), a screening-
eligible WTC survivor who the WTC Program Administrator
certifies under subparagraph (B) to be eligible for followup
monitoring and treatment under this part.
``(B) Certification of eligibility for monitoring and
treatment.--
``(i) In general.--The WTC Program Administrator shall
establish a certification process under which the
Administrator shall provide appropriate certification to
screening-eligible WTC survivors who, pursuant to the initial
health evaluation under subsection (b), are determined to be
eligible for followup monitoring and treatment under this
part.
``(ii) Timing.--
``(I) Currently identified survivors.--In the case of an
individual who is described in paragraph (1)(A)(i), the WTC
Program Administrator shall provide the certification under
clause (i) not later than July 1, 2011.
``(II) Other members.--In the case of another individual
who is determined under clause (i) to be eligible for
followup monitoring and treatment, the WTC Program
Administrator shall provide the certification under such
clause at the time of such determination.
``(3) Numerical limitation on certified-eligible wtc
survivors.--
``(A) In general.--The total number of individuals not
described in paragraph (1)(A)(i) who may be certified as
certified-eligible WTC survivors under paragraph (2)(B) shall
not exceed 25,000 at any time.
``(B) Process.--In implementing subparagraph (A), the WTC
Program Administrator shall--
``(i) limit the number of certifications provided under
paragraph (2)(B)--
``(I) in accordance with such subparagraph; and
``(II) to such number, as determined by the Administrator
based on the best available information and subject to
amounts made available under section 3351, that will ensure
sufficient funds will be available to provide treatment and
monitoring benefits under this title, with respect to all
individuals receiving such certifications through the end of
fiscal year 2020; and
``(ii) provide priority in such certifications in the order
in which individuals apply for a determination under
paragraph (2)(B).
``(4) Disqualification of individuals on terrorist watch
list.--No individual who is on the terrorist watch list
maintained by the Department of Homeland Security shall
qualify as a screening-eligible WTC survivor or a certified-
eligible WTC survivor. Before determining any individual to
be a screening-eligible WTC survivor under paragraph (1) or
certifying any individual as a certified eligible WTC
survivor under paragraph (2), the Administrator, in
consultation with the Secretary of Homeland Security, shall
determine whether the individual is on such list.
``(b) Initial Health Evaluation To Determine Eligibility
for Followup Monitoring or Treatment.--
``(1) In general.--In the case of a screening-eligible WTC
survivor, the WTC Program shall provide for an initial health
evaluation
[[Page H6390]]
to determine if the survivor has a WTC-related health
condition and is eligible for followup monitoring and
treatment benefits under the WTC Program. Initial health
evaluation protocols under section 3305(a)(2)(A)(ii) shall be
subject to approval by the WTC Program Administrator.
``(2) Initial health evaluation providers.--The initial
health evaluation described in paragraph (1) shall be
provided through a Clinical Center of Excellence with respect
to the individual involved.
``(3) Limitation on initial health evaluation benefits.--
Benefits for an initial health evaluation under this part for
a screening-eligible WTC survivor shall consist only of a
single medical initial health evaluation consistent with
initial health evaluation protocols described in paragraph
(1). Nothing in this paragraph shall be construed as
preventing such an individual from seeking additional medical
initial health evaluations at the expense of the individual.
``SEC. 3322. FOLLOWUP MONITORING AND TREATMENT OF CERTIFIED-
ELIGIBLE WTC SURVIVORS FOR WTC-RELATED HEALTH
CONDITIONS.
``(a) In General.--Subject to subsection (b), the
provisions of sections 3311 and 3312 shall apply to followup
monitoring and treatment of WTC-related health conditions for
certified-eligible WTC survivors in the same manner as such
provisions apply to the monitoring and treatment of WTC-
related health conditions for enrolled WTC responders.
``(b) List of WTC-Related Health Conditions for
Survivors.--The list of health conditions for screening-
eligible WTC survivors and certified-eligible WTC survivors
consists of the following:
``(1) Aerodigestive disorders.--
``(A) Interstitial lung diseases.
``(B) Chronic respiratory disorder--fumes/vapors.
``(C) Asthma.
``(D) Reactive airways dysfunction syndrome (RADS).
``(E) WTC-exacerbated chronic obstructive pulmonary disease
(COPD).
``(F) Chronic cough syndrome.
``(G) Upper airway hyperreactivity.
``(H) Chronic rhinosinusitis.
``(I) Chronic nasopharyngitis.
``(J) Chronic laryngitis.
``(K) Gastroesophageal reflux disorder (GERD).
``(L) Sleep apnea exacerbated by or related to a condition
described in a previous clause.
``(2) Mental health conditions.--
``(A) Posttraumatic stress disorder (PTSD).
``(B) Major depressive disorder.
``(C) Panic disorder.
``(D) Generalized anxiety disorder.
``(E) Anxiety disorder (not otherwise specified).
``(F) Depression (not otherwise specified).
``(G) Acute stress disorder.
``(H) Dysthymic disorder.
``(I) Adjustment disorder.
``(J) Substance abuse.
``(3) Additional conditions.--Any cancer (or type of
cancer) or other condition added to the list in section
3312(a)(3) pursuant to paragraph (5) or (6) of section
3312(a), as such provisions are applied under subsection (a)
with respect to certified-eligible WTC survivors.
``SEC. 3323. FOLLOWUP MONITORING AND TREATMENT OF OTHER
INDIVIDUALS WITH WTC-RELATED HEALTH CONDITIONS.
``(a) In General.--Subject to subsection (c), the
provisions of section 3322 shall apply to the followup
monitoring and treatment of WTC-related health conditions in
the case of individuals described in subsection (b) in the
same manner as such provisions apply to the followup
monitoring and treatment of WTC-related health conditions for
certified-eligible WTC survivors.
``(b) Individuals Described.--An individual described in
this subsection is an individual who, regardless of location
of residence--
``(1) is not an enrolled WTC responder or a certified-
eligible WTC survivor; and
``(2) is diagnosed at a Clinical Center of Excellence with
a WTC-related health condition for certified-eligible WTC
survivors.
``(c) Limitation.--
``(1) In general.--The WTC Program Administrator shall
limit benefits for any fiscal year under subsection (a) in a
manner so that payments under this section for such fiscal
year do not exceed the amount specified in paragraph (2) for
such fiscal year.
``(2) Limitation.--The amount specified in this paragraph
for--
``(A) the last calendar quarter of fiscal year 2011 is
$5,000,000;
``(B) fiscal year 2012 is $20,000,000; or
``(C) a succeeding fiscal year is the amount specified in
this paragraph for the previous fiscal year increased by the
annual percentage increase in the medical care component of
the consumer price index for all urban consumers.
``PART 3--PAYOR PROVISIONS
``SEC. 3331. PAYMENT OF CLAIMS.
``(a) In General.--Except as provided in subsections (b)
and (c), the cost of monitoring and treatment benefits and
initial health evaluation benefits provided under parts 1 and
2 of this subtitle shall be paid for by the WTC Program from
the World Trade Center Health Program Fund.
``(b) Workers' Compensation Payment.--
``(1) In general.--Subject to paragraph (2), payment for
treatment under parts 1 and 2 of this subtitle of a WTC-
related health condition of an individual that is work-
related shall be reduced or recouped to the extent that the
WTC Program Administrator determines that payment has been
made, or can reasonably be expected to be made, under a
workers' compensation law or plan of the United States, a
State, or a locality, or other work-related injury or illness
benefit plan of the employer of such individual, for such
treatment. The provisions of clauses (iii), (iv), (v), and
(vi) of paragraph (2)(B) of section 1862(b) of the Social
Security Act and paragraphs (3) and (4) of such section shall
apply to the recoupment under this subsection of a payment to
the WTC Program (with respect to a workers' compensation law
or plan, or other work-related injury or illness plan of the
employer involved, and such individual) in the same manner as
such provisions apply to the reimbursement of a payment under
section 1862(b)(2) of such Act to the Secretary (with respect
to such a law or plan and an individual entitled to benefits
under title XVIII of such Act) except that any reference in
such paragraph (4) to payment rates under title XVIII of the
Social Security Act shall be deemed a reference to payment
rates under this title.
``(2) Exception.--Paragraph (1) shall not apply for any
quarter, with respect to any workers' compensation law or
plan, including line of duty compensation, to which New York
City is obligated to make payments, if, in accordance with
terms specified under the contract under subsection
(d)(1)(A), New York City has made the full payment required
under such contract for such quarter.
``(3) Rules of construction.--Nothing in this title shall
be construed to affect, modify, or relieve any obligations
under a worker's compensation law or plan, other work-related
injury or illness benefit plan of an employer, or any health
insurance plan.
``(c) Health Insurance Coverage.--
``(1) In general.--In the case of an individual who has a
WTC-related health condition that is not work-related and has
health coverage for such condition through any public or
private health plan (including health benefits under title
XVIII, XIX, or XXI of the Social Security Act) the provisions
of section 1862(b) of the Social Security Act shall apply to
such a health plan and such individual in the same manner as
they apply to group health plan and an individual entitled to
benefits under title XVIII of such Act pursuant to section
226(a) of such Act. Any costs for items and services covered
under such plan that are not reimbursed by such health plan,
due to the application of deductibles, copayments,
coinsurance, other cost sharing, or otherwise, are
reimbursable under this title to the extent that they are
covered under the WTC Program. The program under this title
shall not be treated as a legally liable party for purposes
of applying section 1902(a)(25) of the Social Security Act.
``(2) Recovery by individual providers.--Nothing in
paragraph (1) shall be construed as requiring an entity
providing monitoring and treatment under this title to seek
reimbursement under a health plan with which the entity has
no contract for reimbursement.
``(3) Maintenance of required minimum essential coverage.--
No payment may be made for monitoring and treatment under
this title for an individual for a month (beginning with July
2014) if with respect to such month the individual--
``(A) is an applicable individual (as defined in subsection
(d) of section 5000A of Internal Revenue Code of 1986) for
whom the exemption under subsection (e) of such section does
not apply; and
``(B) is not covered under minimum essential coverage, as
required under subsection (a) of such section.
``(d) Required Contribution by New York City in Program
Costs.--
``(1) Contract requirement.--
``(A) In general.--No funds may be disbursed from the World
Trade Center Health Program Fund under section 3351 unless
New York City has entered into a contract with the WTC
Program Administrator under which New York City agrees, in a
form and manner specified by the Administrator, to pay the
full contribution described in subparagraph (B) in accordance
with this subsection on a timely basis, plus any interest
owed pursuant to subparagraph (E)(i). Such contract shall
specify the terms under which New York City shall be
considered to have made the full payment required for a
quarter for purposes of subsection (b)(2).
``(B) Full contribution amount.--Under such contract, with
respect to the last calendar quarter of fiscal year 2011 and
each calendar quarter in fiscal years 2012 through 2018 the
full contribution amount under this subparagraph shall be
equal to 10 percent of the expenditures in carrying out this
title for the respective quarter and with respect to calendar
quarters in fiscal years 2019 and 2020, such full
contribution amount shall be equal to \1/9\ of the Federal
expenditures in carrying out this title for the respective
quarter.
``(C) Satisfaction of payment obligation.--The payment
obligation under such contract may not be satisfied through
any of the following:
``(i) An amount derived from Federal sources.
``(ii) An amount paid before the date of the enactment of
this title.
``(iii) An amount paid to satisfy a judgment or as part of
a settlement related to injuries or illnesses arising out of
the September 11, 2001, terrorist attacks.
[[Page H6391]]
``(D) Timing of contribution.--The payment obligation under
such contract for a calendar quarter in a fiscal year shall
be paid not later than the last day of the second succeeding
calendar quarter.
``(E) Compliance.--
``(i) Interest for late payment.--If New York City fails to
pay to the WTC Program Administrator pursuant to such
contract the amount required for any calendar quarter by the
day specified in subparagraph (D), interest shall accrue on
the amount not so paid at the rate (determined by the
Administrator) based on the average yield to maturity, plus 1
percentage point, on outstanding municipal bonds issued by
New York City with a remaining maturity of at least 1 year.
``(ii) Recovery of amounts owed.-- The amounts owed to the
WTC Program Administrator under such contract shall be
recoverable by the United States in an action in the same
manner as payments made under title XVIII of the Social
Security Act may be recoverable in an action brought under
section 1862(b)(2)(B)(iii) of such Act.
``(F) Deposit in fund.--The WTC Program Administer shall
deposit amounts paid under such contract into the World Trade
Center Health Program Fund under section 3351.
``(2) Payment of new york city share of monitoring and
treatment costs.--With respect to each calendar quarter for
which a contribution is required by New York City under the
contract under paragraph (1), the WTC Program Administrator
shall--
``(A) provide New York City with an estimate of such amount
of the required contribution at the beginning of such quarter
and with an updated estimate of such amount at the beginning
of each of the subsequent 2 quarters;
``(B) bill such amount directly to New York City; and
``(C) certify periodically, for purposes of this
subsection, whether or not New York City has paid the amount
so billed.
Such amount shall initially be estimated by the WTC Program
Administrator and shall be subject to adjustment and
reconciliation based upon actual expenditures in carrying out
this title.
``(3) Rule of construction.--Nothing in this subsection
shall be construed as authorizing the WTC Administrator, with
respect to a fiscal year, to reduce the numerical limitation
under section 3311(a)(4) or 3321(a)(3) for such fiscal year
if New York City fails to comply with paragraph (1) for a
calendar quarter in such fiscal year.
``(e) Work-Related Described.--For the purposes of this
section, a WTC-related health condition shall be treated as a
condition that is work-related if--
``(1) the condition is diagnosed in an enrolled WTC
responder, or in an individual who qualifies as a certified-
eligible WTC survivor on the basis of being a rescue,
recovery, or cleanup worker; or
``(2) with respect to the condition the individual has
filed and had established a claim under a workers'
compensation law or plan of the United States or a State, or
other work-related injury or illness benefit plan of the
employer of such individual.
``SEC. 3332. ADMINISTRATIVE ARRANGEMENT AUTHORITY.
``The WTC Program Administrator may enter into arrangements
with other government agencies, insurance companies, or other
third-party administrators to provide for timely and accurate
processing of claims under sections 3312, 3313, 3322, and
3323.
``Subtitle C--Research Into Conditions
``SEC. 3341. RESEARCH REGARDING CERTAIN HEALTH CONDITIONS
RELATED TO SEPTEMBER 11 TERRORIST ATTACKS.
``(a) In General.--With respect to individuals, including
enrolled WTC responders and certified-eligible WTC survivors,
receiving monitoring or treatment under subtitle B, the WTC
Program Administrator shall conduct or support--
``(1) research on physical and mental health conditions
that may be related to the September 11, 2001, terrorist
attacks;
``(2) research on diagnosing WTC-related health conditions
of such individuals, in the case of conditions for which
there has been diagnostic uncertainty; and
``(3) research on treating WTC-related health conditions of
such individuals, in the case of conditions for which there
has been treatment uncertainty.
The Administrator may provide such support through
continuation and expansion of research that was initiated
before the date of the enactment of this title and through
the World Trade Center Health Registry (referred to in
section 3342), through a Clinical Center of Excellence, or
through a Data Center.
``(b) Types of Research.--The research under subsection
(a)(1) shall include epidemiologic and other research studies
on WTC-related health conditions or emerging conditions--
``(1) among enrolled WTC responders and certified-eligible
WTC survivors under treatment; and
``(2) in sampled populations outside the New York City
disaster area in Manhattan as far north as 14th Street and in
Brooklyn, along with control populations, to identify
potential for long-term adverse health effects in less
exposed populations.
``(c) Consultation.--The WTC Program Administrator shall
carry out this section in consultation with the WTC
Scientific/Technical Advisory Committee.
``(d) Application of Privacy and Human Subject
Protections.--The privacy and human subject protections
applicable to research conducted under this section shall not
be less than such protections applicable to research
conducted or funded by the Department of Health and Human
Services.
``SEC. 3342. WORLD TRADE CENTER HEALTH REGISTRY.
``For the purpose of ensuring ongoing data collection
relating to victims of the September 11, 2001, terrorist
attacks, the WTC Program Administrator shall ensure that a
registry of such victims is maintained that is at least as
comprehensive as the World Trade Center Health Registry
maintained under the arrangements in effect as of April 20,
2009, with the New York City Department of Health and Mental
Hygiene.
``Subtitle D--Funding
``SEC. 3351. WORLD TRADE CENTER HEALTH PROGRAM FUND.
``(a) Establishment of Fund.--
``(1) In general.--There is established a fund to be known
as the World Trade Center Health Program Fund (referred to in
this section as the `Fund').
``(2) Funding.--Out of any money in the Treasury not
otherwise appropriated, there shall be deposited into the
Fund for each of fiscal years 2012 through 2020 (and the last
calendar quarter of fiscal year 2011)--
``(A) the Federal share, consisting of an amount equal to
the lesser of--
``(i) 90 percent of the expenditures in carrying out this
title for the respective fiscal year (initially based on
estimates, subject to subsequent reconciliation based on
actual expenditures); or
``(ii)(I) $71,000,000 for the last calendar quarter of
fiscal year 2011, $318,000,000 for fiscal year 2012,
$354,000,000 for fiscal year 2013, $382,000,000 for fiscal
year 2014, $431,000,000 for fiscal year 2015, $481,000,000
for fiscal year 2016, $537,000,000 for fiscal year 2017,
$601,000,000 for fiscal year 2018, and $173,000,000 for
fiscal year 2019; and
``(II) subject to paragraph (4), an additional $499,000,000
for fiscal year 2019 and $743,000,000 for fiscal year 2020;
plus
``(B) the New York City share, consisting of the amount
contributed under the contract under section 3331(d).
``(3) Contract requirement.--
``(A) In general.--No funds may be disbursed from the Fund
unless New York City has entered into a contract with the WTC
Program Administrator under section 3331(d)(1).
``(B) Breach of contract.-- In the case of a failure to pay
the amount so required under the contract--
``(i) the amount is recoverable under subparagraph (E)(ii)
of such section;
``(ii) such failure shall not affect the disbursement of
amounts from the Fund; and
``(iii) the Federal share described in paragraph (2)(A)
shall not be increased by the amount so unpaid.
``(4) Aggregate limitation on funding beginning with fiscal
year 2019.--Beginning with fiscal year 2019, in no case shall
the share of Federal funds deposited into the Fund under
paragraph (2) for such fiscal year and previous fiscal years
and quarters exceed the sum of the amounts specified in
paragraph (2)(A)(ii)(I).
``(b) Mandatory Funds for Monitoring, Initial Health
Evaluations, Treatment, and Claims Processing.--
``(1) In general.--The amounts deposited into the Fund
under subsection (a)(2) shall be available, without further
appropriation, consistent with paragraph (2) and subsection
(c), to carry out subtitle B and sections 3302(a), 3303,
3304, 3305(a)(2), 3305(c), 3341, and 3342.
``(2) Limitation on mandatory funding.--This title does not
establish any Federal obligation for payment of amounts in
excess of the amounts available from the Fund for such
purpose.
``(3) Limitation on authorization for further
appropriations.--This title does not establish any
authorization for appropriation of amounts in excess of the
amounts available from the Fund under paragraph (1).
``(c) Limits on Spending for Certain Purposes.--Of the
amounts made available under subsection (b)(1), not more than
each of the following amounts may be available for each of
the following purposes:
``(1) Surviving immediate family members of firefighters.--
For the purposes of carrying out subtitle B with respect to
WTC responders described in section 3311(a)(2)(A)(ii)--
``(A) for the last calendar quarter of fiscal year 2011,
$100,000;
``(B) for fiscal year 2012, $400,000; and
``(C) for each subsequent fiscal year, the amount specified
under this paragraph for the previous fiscal year increased
by the percentage increase in the consumer price index for
all urban consumers (all items; United States city average)
as estimated by the Secretary for the 12-month period ending
with March of the previous year.
``(2) WTC health program scientific/technical advisory
committee.--For the purpose of carrying out section 3302(a)--
``(A) for the last calendar quarter of fiscal year 2011,
$25,000;
``(B) for fiscal year 2012, $100,000; and
``(C) for each subsequent fiscal year, the amount specified
under this paragraph for
[[Page H6392]]
the previous fiscal year increased by the percentage increase
in the consumer price index for all urban consumers (all
items; United States city average) as estimated by the
Secretary for the 12-month period ending with March of the
previous year.
``(3) Education and outreach.--For the purpose of carrying
out section 3303--
``(A) for the last calendar quarter of fiscal year 2011,
$500,000;
``(B) for fiscal year 2012, $2,000,000; and
``(C) for each subsequent fiscal year, the amount specified
under this paragraph for the previous fiscal year increased
by the percentage increase in the consumer price index for
all urban consumers (all items; United States city average)
as estimated by the Secretary for the 12-month period ending
with March of the previous year.
``(4) Uniform data collection.--For the purpose of carrying
out section 3304 and for reimbursing Data Centers (as defined
in section 3305(b)(2)) for the costs incurred by such Centers
in carrying out activities under contracts entered into under
section 3305(a)(2)--
``(A) for the last calendar quarter of fiscal year 2011,
$2,500,000;
``(B) for fiscal year 2012, $10,000,000; and
``(C) for each subsequent fiscal year, the amount specified
under this paragraph for the previous fiscal year increased
by the percentage increase in the consumer price index for
all urban consumers (all items; United States city average)
as estimated by the Secretary for the 12-month period ending
with March of the previous year.
``(5) Research regarding certain health conditions.--For
the purpose of carrying out section 3341--
``(A) for the last calendar quarter of fiscal year 2011,
$3,750,000;
``(B) for fiscal year 2012, $15,000,000; and
``(C) for each subsequent fiscal year, the amount specified
under this paragraph for the previous fiscal year increased
by the percentage increase in the consumer price index for
all urban consumers (all items; United States city average)
as estimated by the Secretary for the 12-month period ending
with March of the previous year.
``(6) World trade center health registry.--For the purpose
of carrying out section 3342--
``(A) for the last calendar quarter of fiscal year 2011,
$1,750,000;
``(B) for fiscal year 2012, $7,000,000; and
``(C) for each subsequent fiscal year, the amount specified
under this paragraph for the previous fiscal year increased
by the percentage increase in the consumer price index for
all urban consumers (all items; United States city average)
as estimated by the Secretary for the 12-month period ending
with March of the previous year.''.
TITLE II--SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001
SEC. 201. DEFINITIONS.
Section 402 of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) in paragraph (6) by inserting ``, or debris removal,
including under the World Trade Center Health Program
established under section 3001 of the Public Health Service
Act, and payments made pursuant to the settlement of a civil
action described in section 405(c)(3)(C)(iii)'' after
``September 11, 2001'';
(2) by inserting after paragraph (6) the following new
paragraphs and redesignating subsequent paragraphs
accordingly:
``(7) Contractor and subcontractor.--The term `contractor
and subcontractor' means any contractor or subcontractor (at
any tier of a subcontracting relationship), including any
general contractor, construction manager, prime contractor,
consultant, or any parent, subsidiary, associated or allied
company, affiliated company, corporation, firm, organization,
or joint venture thereof that participated in debris removal
at any 9/11 crash site. Such term shall not include any
entity, including the Port Authority of New York and New
Jersey, with a property interest in the World Trade Center,
on September 11, 2001, whether fee simple, leasehold or
easement, direct or indirect.
``(8) Debris removal.--The term `debris removal' means
rescue and recovery efforts, removal of debris, cleanup,
remediation, and response during the immediate aftermath of
the terrorist-related aircraft crashes of September 11, 2001,
with respect to a 9/11 crash site.'';
(3) by inserting after paragraph (10), as so redesignated,
the following new paragraph and redesignating the subsequent
paragraphs accordingly:
``(11) Immediate aftermath.--The term `immediate aftermath'
means any period beginning with the terrorist-related
aircraft crashes of September 11, 2001, and ending on August
30, 2002.''; and
(4) by adding at the end the following new paragraph:
``(14) 9/11 crash site.--The term `9/11 crash site' means--
``(A) the World Trade Center site, Pentagon site, and
Shanksville, Pennsylvania site;
``(B) the buildings or portions of buildings that were
destroyed as a result of the terrorist-related aircraft
crashes of September 11, 2001;
``(C) any area contiguous to a site of such crashes that
the Special Master determines was sufficiently close to the
site that there was a demonstrable risk of physical harm
resulting from the impact of the aircraft or any subsequent
fire, explosions, or building collapses (including the
immediate area in which the impact occurred, fire occurred,
portions of buildings fell, or debris fell upon and injured
individuals); and
``(D) any area related to, or along, routes of debris
removal, such as barges and Fresh Kills.''.
SEC. 202. EXTENDED AND EXPANDED ELIGIBILITY FOR COMPENSATION.
(a) Information on Losses Resulting From Debris Removal
Included in Contents of Claim Form.--Section 405(a)(2)(B) of
the Air Transportation Safety and System Stabilization Act
(49 U.S.C. 40101 note) is amended--
(1) in clause (i), by inserting ``, or debris removal
during the immediate aftermath'' after ``September 11,
2001'';
(2) in clause (ii), by inserting ``or debris removal during
the immediate aftermath'' after ``crashes''; and
(3) in clause (iii), by inserting ``or debris removal
during the immediate aftermath'' after ``crashes''.
(b) Extension of Deadline for Claims Under September 11th
Victim Compensation Fund of 2001.--Section 405(a)(3) of such
Act is amended to read as follows:
``(3) Limitation.--
``(A) In general.--Except as provided by subparagraph (B),
no claim may be filed under paragraph (1) after the date that
is 2 years after the date on which regulations are
promulgated under section 407(a).
``(B) Exception.--A claim may be filed under paragraph (1),
in accordance with subsection (c)(3)(A)(i), by an individual
(or by a personal representative on behalf of a deceased
individual) during the period beginning on the date on which
the regulations are updated under section 407(b) and ending
on December 22, 2031.''.
(c) Requirements for Filing Claims During Extended Filing
Period.--Section 405(c)(3) of such Act is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
``(A) Requirements for filing claims during extended filing
period.--
``(i) Timing requirements for filing claims.--An individual
(or a personal representative on behalf of a deceased
individual) may file a claim during the period described in
subsection (a)(3)(B) as follows:
``(I) In the case that the Special Master determines the
individual knew (or reasonably should have known) before the
date specified in clause (iii) that the individual suffered a
physical harm at a 9/11 crash site as a result of the
terrorist-related aircraft crashes of September 11, 2001, or
as a result of debris removal, and that the individual knew
(or should have known) before such specified date that the
individual was eligible to file a claim under this title, the
individual may file a claim not later than the date that is 2
years after such specified date.
``(II) In the case that the Special Master determines the
individual first knew (or reasonably should have known) on or
after the date specified in clause (iii) that the individual
suffered such a physical harm or that the individual first
knew (or should have known) on or after such specified date
that the individual was eligible to file a claim under this
title, the individual may file a claim not later than the
last day of the 2-year period beginning on the date the
Special Master determines the individual first knew (or
should have known) that the individual both suffered from
such harm and was eligible to file a claim under this title.
``(ii) Other eligibility requirements for filing claims.--
An individual may file a claim during the period described in
subsection (a)(3)(B) only if--
``(I) the individual was treated by a medical professional
for suffering from a physical harm described in clause (i)(I)
within a reasonable time from the date of discovering such
harm; and
``(II) the individual's physical harm is verified by
contemporaneous medical records created by or at the
direction of the medical professional who provided the
medical care.
``(iii) Date specified.--The date specified in this clause
is the date on which the regulations are updated under
section 407(a).''.
(d) Clarifying Applicability to All 9/11 Crash Sites.--
Section 405(c)(2)(A)(i) of such Act is amended by striking
``or the site of the aircraft crash at Shanksville,
Pennsylvania'' and inserting ``the site of the aircraft crash
at Shanksville, Pennsylvania, or any other 9/11 crash site''.
(e) Inclusion of Physical Harm Resulting From Debris
Removal.--Section 405(c) of such Act is amended in paragraph
(2)(A)(ii), by inserting ``or debris removal'' after ``air
crash''.
(f) Limitations on Civil Actions.--
(1) Application to damages related to debris removal.--
Clause (i) of section 405(c)(3)(C) of such Act, as
redesignated by subsection (c), is amended by inserting ``,
or for damages arising from or related to debris removal''
after ``September 11, 2001''.
(2) Pending actions.--Clause (ii) of such section, as so
redesignated, is amended to read as follows:
``(ii) Pending actions.--In the case of an individual who
is a party to a civil action described in clause (i), such
individual may not submit a claim under this title--
``(I) during the period described in subsection (a)(3)(A)
unless such individual withdraws from such action by the date
that is 90 days after the date on which regulations are
promulgated under section 407(a); and
[[Page H6393]]
``(II) during the period described in subsection (a)(3)(B)
unless such individual withdraws from such action by the date
that is 90 days after the date on which the regulations are
updated under section 407(b).''.
(3) Settled actions; authority to reinstitute certain
lawsuits.--Such section, as so redesignated, is further
amended by adding at the end the following new clauses:
``(iii) Settled actions.--In the case of an individual who
settled a civil action described in clause (i), such
individual may not submit a claim under this title unless
such action was commenced after December 22, 2003, and a
release of all claims in such action was tendered prior to
the date on which the James Zadroga 9/11 Health and
Compensation Act of 2010 was enacted.
``(iv) Authority to reinstitute certain lawsuits.--In the
case of a claimant who was a party to a civil action
described in clause (i), who withdrew from such action
pursuant to clause (ii), and who is subsequently determined
to not be an eligible individual for purposes of this
subsection, such claimant may reinstitute such action without
prejudice during the 90-day period beginning after the date
of such ineligibility determination.''.
SEC. 203. REQUIREMENT TO UPDATE REGULATIONS.
Section 407 of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) by striking ``Not later than'' and inserting ``(a) In
General.--Not later than''; and
(2) by adding at the end the following new subsection:
``(b) Updated Regulations.--Not later than 90 days after
the date of the enactment of the James Zadroga 9/11 Health
and Compensation Act of 2010, the Special Master shall update
the regulations promulgated under subsection (a) to the
extent necessary to comply with the provisions of title II of
such Act.''.
SEC. 204. LIMITED LIABILITY FOR CERTAIN CLAIMS.
Section 408(a) of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended by adding
at the end the following new paragraphs:
``(4) Liability for certain claims.--Notwithstanding any
other provision of law, liability for all claims and actions
(including claims or actions that have been previously
resolved, that are currently pending, and that may be filed
through December 22, 2031) for compensatory damages,
contribution or indemnity, or any other form or type of
relief, arising from or related to debris removal, against
the City of New York, any entity (including the Port
Authority of New York and New Jersey) with a property
interest in the World Trade Center on September 11, 2001
(whether fee simple, leasehold or easement, or direct or
indirect) and any contractors and subcontractors, shall not
be in an amount that exceeds the sum of the following, as may
be applicable:
``(A) The amount of funds of the WTC Captive Insurance
Company, including the cumulative interest.
``(B) The amount of all available insurance identified in
schedule 2 of the WTC Captive Insurance Company insurance
policy.
``(C) As it relates to the limitation of liability of the
City of New York, the amount that is the greater of the City
of New York's insurance coverage or $350,000,000. In
determining the amount of the City's insurance coverage for
purposes of the previous sentence, any amount described in
clauses (i) and (ii) shall not be included.
``(D) As it relates to the limitation of liability of any
entity, including the Port Authority of New York and New
Jersey, with a property interest in the World Trade Center on
September 11, 2001 (whether fee simple, leasehold or
easement, or direct or indirect), the amount of all available
liability insurance coverage maintained by any such entity.
``(E) As it relates to the limitation of liability of any
individual contractor or subcontractor, the amount of all
available liability insurance coverage maintained by such
contractor or subcontractor on September 11, 2001.
``(5) Priority of claims payments.--Payments to plaintiffs
who obtain a settlement or judgment with respect to a claim
or action to which paragraph (4)(A) applies, shall be paid
solely from the following funds in the following order, as
may be applicable:
``(A) The funds described in clause (i) or (ii) of
paragraph (4)(A).
``(B) If there are no funds available as described in
clause (i) or (ii) of paragraph (4)(A), the funds described
in clause (iii) of such paragraph.
``(C) If there are no funds available as described in
clause (i), (ii), or (iii) of paragraph (4)(A), the funds
described in clause (iv) of such paragraph.
``(D) If there are no funds available as described in
clause (i), (ii), (iii), or (iv) of paragraph (4)(A), the
funds described in clause (v) of such paragraph.
``(6) Declaratory judgment actions and direct action.--Any
party to a claim or action to which paragraph (4)(A) applies
may, with respect to such claim or action, either file an
action for a declaratory judgment for insurance coverage or
bring a direct action against the insurance company
involved.''.
SEC. 205. FUNDING; ATTORNEY FEES.
Section 406 of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) in subsection (a), by striking ``Not later than'' and
inserting ``Subject to the limitations under subsection (d),
not later than'';
(2) in subsection (b)--
(A) by inserting ``in the amounts provided under subsection
(d)(1)'' after ``appropriations Acts''; and
(B) by inserting ``subject to the limitations under
subsection (d)'' before the period; and
(3) by adding at the end the following new subsections:
``(d) Limitation.--
``(1) In general.--The total amount of Federal funds paid
for compensation under this title, with respect to claims
filed on or after the date on which the regulations are
updated under section 407(b), shall not exceed
$8,400,000,000. Of such amounts, $4,200,000,000 shall be
available to pay such claims during the 10-year period
beginning on such date and $4,200,000,000 shall be available
to pay such claims after such period.
``(2) Pro-ration and payment of remaining claims.--
``(A) In general.--With respect to the one-year period
beginning on the date on which the first payment is made
under this title for claims filed pursuant to the regulations
updated under section 407(b), the Special Master shall
examine the total number of such claims paid during such
period and the amounts of the payments made for such claims
to project the total number and amount of claims expected to
be paid under this title during the 10-year period described
in paragraph (1). If, based on such projection, the Special
Master determines that there will be insufficient funds
available under paragraph (1) to pay such claims during such
10-year period, beginning on the first day following such
one-year period, the Special Master shall ratably reduce the
amount of compensation due claimants under this title in a
manner to ensure, to the extent possible, that--
``(i) all claimants who, before application of the
limitation under the second sentence of paragraph (1), would
have been determined to be entitled to a payment under this
title during such 10-year period, receive a payment during
such period; and
``(ii) the total amount of all such payments made during
such 10-year period do not exceed the amount available under
the second sentence of paragraph (1) to pay claims during
such period.
``(B) Payment of remainder of claim amounts.--In any case
in which the amount of a claim is ratably reduced pursuant to
subparagraph (A), on or after the first day after the 10-year
period described in paragraph (1), the Special Master shall
pay to the claimant the amount that is equal to the
difference between--
``(i) the amount that the claimant would have been paid
under this title during such period without regard to the
limitation under the second sentence of paragraph (1)
applicable to such period; and
``(ii) the amount the claimant was paid under this title
during such period.
``(e) Attorney Fees.--
``(1) In general.--Notwithstanding any contract, and except
as provided in paragraphs (2) and (3), the representative of
an individual may not charge, for services rendered in
connection with the claim of an individual under this title,
more than 10 percent of an award made under this title on
such claim.
``(2) Limitation.--
``(A) In general.--Except as provided in subparagraph (B),
in the case of an individual who was charged a legal fee in
connection with the settlement of a civil action described in
section 405(c)(3)(C)(iii), the representative of the
individual may not charge any amount for compensation for
services rendered in connection with a claim filed under this
title.
``(B) Exception.--If the legal fee charged in connection
with the settlement of a civil action described in section
405(c)(3)(C)(iii) of an individual is less than 10 percent of
the aggregate amount of compensation awarded to such
individual through such settlement and the claim of the
individual under this title, the representative of such
individual may charge an amount for compensation for services
rendered in connection with such claim under this title to
the extent that such amount charged is not more than--
``(i) 10 percent of such aggregate amount, minus
``(ii) the total amount of all legal fees charged for
services rendered in connection with such settlement.
``(3) Exception.--With respect to a claim made on behalf of
an individual for whom a lawsuit was filed in the Southern
District of New York prior to January 1, 2009, in the event
that the representative believes in good faith that the fee
limit set by paragraph (1) or (2) will not provide adequate
compensation for services rendered in connection with such
claim because of the substantial amount of legal work
provided on behalf of the claimant (including work performed
before the enactment of this legislation), application for
greater compensation may be made to the Special Master. Upon
such application, the Special Master may, in his or her
discretion, award as reasonable compensation for services
rendered an amount greater than that allowed for in paragraph
(1). Such fee award will be final, binding, and non-
appealable.''.
[[Page H6394]]
TITLE III--LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE
PAYMENTS; TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES
SEC. 301. LIMITATION ON TREATY BENEFITS FOR CERTAIN
DEDUCTIBLE PAYMENTS.
(a) In General.--Section 894 of the Internal Revenue Code
of 1986 (relating to income affected by treaty) is amended by
adding at the end the following new subsection:
``(d) Limitation on Treaty Benefits for Certain Deductible
Payments.--
``(1) In general.--In the case of any deductible related-
party payment, any withholding tax imposed under chapter 3
(and any tax imposed under subpart A or B of this part) with
respect to such payment may not be reduced under any treaty
of the United States unless any such withholding tax would be
reduced under a treaty of the United States if such payment
were made directly to the foreign parent corporation.
``(2) Deductible related-party payment.--For purposes of
this subsection, the term `deductible related-party payment'
means any payment made, directly or indirectly, by any person
to any other person if the payment is allowable as a
deduction under this chapter and both persons are members of
the same foreign controlled group of entities.
``(3) Foreign controlled group of entities.--For purposes
of this subsection--
``(A) In general.--The term `foreign controlled group of
entities' means a controlled group of entities the common
parent of which is a foreign corporation.
``(B) Controlled group of entities.--The term `controlled
group of entities' means a controlled group of corporations
as defined in section 1563(a)(1), except that--
``(i) `more than 50 percent' shall be substituted for `at
least 80 percent' each place it appears therein, and
``(ii) the determination shall be made without regard to
subsections (a)(4) and (b)(2) of section 1563.
A partnership or any other entity (other than a corporation)
shall be treated as a member of a controlled group of
entities if such entity is controlled (within the meaning of
section 954(d)(3)) by members of such group (including any
entity treated as a member of such group by reason of this
sentence).
``(4) Foreign parent corporation.--For purposes of this
subsection, the term `foreign parent corporation' means, with
respect to any deductible related-party payment, the common
parent of the foreign controlled group of entities referred
to in paragraph (3)(A).
``(5) Regulations.--The Secretary may prescribe such
regulations or other guidance as are necessary or appropriate
to carry out the purposes of this subsection, including
regulations or other guidance which provide for--
``(A) the treatment of two or more persons as members of a
foreign controlled group of entities if such persons would be
the common parent of such group if treated as one
corporation, and
``(B) the treatment of any member of a foreign controlled
group of entities as the common parent of such group if such
treatment is appropriate taking into account the economic
relationships among such entities.''.
(b) Effective Date.--The amendment made by this section
shall apply to payments made after the date of the enactment
of this Act.
SEC. 302. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
The percentage under paragraph (2) of section 561 of the
Hiring Incentives to Restore Employment Act in effect on the
date of the enactment of this Act is increased by 3
percentage points.
TITLE IV--BUDGETARY EFFECTS
SEC. 401. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF
2010.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Texas (Mr. Barton) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. PALLONE. Mr. Speaker, I ask unanimous consent that Mr. Nadler of
the Judiciary Committee and Mr. Crowley of the Ways and Means Committee
each control 6\1/2\ minutes of my time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
General Leave
Mr. PALLONE. I also ask unanimous consent that all Members may have 5
legislative days in which to revise and extend their remarks and
include extraneous material in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
I rise in strong support of H.R. 847, the James Zadroga 9/11 Health
and Compensation Act of 2010. This important legislation was reported
by the Energy and Commerce Committee with bipartisan support on May 25
by a vote of 33-12. I would like to take a moment to thank the bill's
sponsors, Representatives Carolyn Maloney and Jerry Nadler, as well as
my colleagues from New York on the committee, Eliot Engel and Anthony
Weiner, for their tireless work on behalf of this legislation.
Beyond the immediate loss of life on September 11, today thousands of
people are suffering debilitating illnesses from its aftermath. H.R.
847 would establish the World Trade Center Health Program, a program to
screen, monitor, and treat eligible responders and survivors who are
suffering from World Trade Center-related diseases, most commonly from
the massive, toxic dust cloud that enveloped lower Manhattan. The bill
also funds research to improve our understanding of the health effects
of the exposures over time.
Federal spending for the World Trade Center Health Program is capped
at $3.2 billion and is fully paid for. The version before the House
today is more than $1 billion less expensive than that reported with
bipartisan support from the Energy and Commerce Committee. Today is an
important step towards ensuring that the appropriate resources are
available to take care of those who risked their lives to save others
on September 11.
I urge my colleagues to suspend the rules and pass the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. BARTON of Texas. Before I give my statement, I wish to yield 11
of the 20 minutes to the ranking member of the Judiciary Committee, Mr.
Smith of Texas, at the appropriate time.
The SPEAKER pro tempore. Without objection, the gentleman will
control that time.
There was no objection.
Mr. BARTON of Texas. Mr. Speaker, I yield myself 3 minutes.
Mr. Speaker, Republicans are not opposed to compensating the victims
and the first responders of the World Trade Center attacks. We created
a compensation fund within 11 days after the original attack back on
September 11, 2001. The bill before us today, however, Mr. Speaker,
creates a brand new entitlement program that could last an additional
21 years. It creates a special compensation system for hospitals in the
New York City area at 140 percent of Medicare rates, provides special
protections for trial lawyers, and creates a host of special programs
and special protections. It also does not require any kind of a
citizenship test, Mr. Speaker, to receive a benefit. It is, in fact,
apparently a $7.4 billion new entitlement program.
We know there are innocent victims in New York City that still need
treatment, and we know that there are perhaps some participants who
have fallen through the cracks who have not received exactly the
treatment that they need, but this bill, quite frankly, is not the
answer.
In the markup in the Energy and Commerce Committee, Republicans
offered a number of amendments that would have provided treatment,
would have monitored benefits, and would have authorized funding for
the existing program at the level requested by the President of the
United States, President Obama. That amendment was rejected.
H.R. 847 caps the number of people that can be enrolled in the
program. As I said earlier, it doesn't require those enrolled, however,
to verify their citizenship. We also offered an amendment to verify
citizenship. That amendment was not agreed to.
We also offered an amendment to means-test benefits based on income
and assets. I think the amendment was at $1 million. That amendment was
also rejected. So under this bill, somebody making millions of dollars
is at least technically eligible for this program. I don't think that
is fair when we have a budget deficit of $1.5 trillion.
We also offered an amendment in the Energy and Commerce Committee to
pay for the program by using money that has not been spent out of an
existing program. That amendment was also
[[Page H6395]]
rejected as not being what the majority wanted.
As I said earlier, the bill before us would reimburse hospitals in
New York at 140 percent of Medicare. We think that is not fair to the
rest of the country to give a special rate above Medicare rates for
this particular program.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. BARTON of Texas. I yield myself an additional 30 seconds.
And finally, last but not least, in the amended bill that was sent to
the Rules Committee yesterday, Mr. Speaker, they have changed the
spending profile. Under the bill before us this evening, the program,
while it is a guaranteed entitlement, funding would be cut by two-
thirds in 2019 and eliminated altogether in 2020. That is simply a
budget gimmick and is patently unfair to the people, if it were to pass
and become law, that would be depending on the program.
For those reasons, Mr. Speaker, we would ask for a ``no'' vote on the
bill.
Mr. Speaker, I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield 1 minute to the gentleman from New
York (Mr. Engel), one of the champions of this legislation.
Mr. ENGEL. I thank my friend from New Jersey for yielding to me.
Mr. Speaker, on September 11, 2001, I was never more proud to be a
New Yorker. Many of my constituents rushed in to help, and within days
of the attack over 40,000 responders from across the Nation descended
upon Ground Zero to do anything possible to help with the rescue,
recovery, and cleanup.
Sadly, many of my constituents were killed in the attacks on the
World Trade Center. The people that rushed in to help their fellow
human beings didn't put themselves first, they selflessly helped
others. And the question is, should we now penalize these people who
risked their lives?
Within minutes of the planes hitting the World Trade Center, New
York's first responders mobilized to save those who were trapped or
hurt. They thought the site was safe to work at and the air was safe to
breathe. They never questioned their own safety when they ran in to
help others because they put others in need ahead of themselves. And
you know what? The statements that were given about the air being safe
to breathe were false. Many became sick, and the illnesses from
exposure to the toxins have developed to become severe and
debilitating, and for some, deadly. These heroes deserve more.
New York was attacked because it is a symbol of our country. New York
was attacked because the terrorists wanted to make a statement. The
responsibility to help these sick first responders is not just a New
York problem, it's an American problem, and we all have a
responsibility to help those people no matter where we may live.
And let me say this to our Republican colleagues, please don't vote
down the bill because it is on the suspension calendar or for any other
excuse you may give. Whatever excuse you may give for voting ``no'' on
this bill, the bottom line is that a ``no'' vote is a vote to turn your
back on the first responders.
Please vote ``yes'' on the bill.
{time} 2020
Mr. BARTON of Texas. I yield 1\1/2\ minutes to the distinguished
ranking member of the Health Subcommittee, the gentleman from Illinois
(Mr. Shimkus).
(Mr. SHIMKUS asked and was given permission to revise and extend his
remarks.)
Mr. SHIMKUS. Mr. Speaker, our committee can do great work when we
work together. This is not one of our finest times--a new mandatory
entitlement program at $7.2 billion. There is $130 million in the fund
right now. The President asked for $150 million. This is, on average,
$700 million a year. It is mandatory. We don't do this for our
veterans, and we don't do this for our military. This is a mandatory
program.
What this is is politics. What this is is enfranchising a whole bunch
of New York City hospitals which will get paid 140 percent of Medicare
rates when we are cutting hospital rates in the new health care law
under part A. We can do this, and we can do this in a better manner
than what we are doing here.
It is on the suspension calendar. Your leadership put it on the
suspension calendar. Do you know why? Because they can't pass it under
regular order. It is your leadership that put you in this position, not
House Republicans, and I am embarrassed about this tonight.
announcement by the speaker pro tempore
The SPEAKER pro tempore. Members will be reminded to direct
their remarks to the Chair, and not to others in the second
person.
Mr. PALLONE. Mr. Speaker, I yield 1 minute to the gentleman from New
York (Mr. Ackerman).
Mr. ACKERMAN. So you are for the bill, but you won't vote for it.
Nonsense.
Nine years ago, your country was attacked, and you're here quibbling
about politics. You're here talking about permanent entitlements. Oh,
how easy it is to come down here to this floor. I have seen it done
time after time, Mr. Speaker--people proving how patriotic they are,
determined to fight against the terrorists, to defend America, leave no
soldier behind.
Well, where I come from, we are leaving soldiers behind. We have
thousands of people, besides the ones who died, who are on the
battlefield in our hospitals--who are dying every day, who are reaching
out and gasping for the last breaths that they have.
You call that an entitlement.
I don't question your patriotism. I don't question your nationalism.
I don't question your strategy or your tactics to take petty political
advantage of this terrible situation. Sure, you're patriots. Sure, you
have great oratory, but I have one question: Where is your decency?
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. Members will kindly address their remarks to
the Chair.
Mr. BARTON of Texas. Mr. Speaker, I yield 2 minutes to the
distinguished ranking member of the Ways and Means Committee, the
gentleman from Michigan (Mr. Camp).
Mr. CAMP. Thank you for yielding.
Mr. Speaker, the tragic events of 9/11 will never be forgotten nor
will we ever forget the heroic actions of the brave men and women who,
without regard to their own well-being, rushed in to aid, rescue, and
recover their fellow Americans. Theirs were acts of compassion and
patriotism that would be repeated in the days and months that followed.
Today, many of those who were at and around the World Trade Center,
the Pentagon, and Shanksville, Pennsylvania, in the aftermath of the
terrorist attacks are still struggling physically and mentally.
While I have great sympathy for the intent of this legislation in
providing assistance to those Americans, the legislation has been
paired with a fundamentally flawed and job-destroying tax increase.
Therefore, I will vote against it. To pay for this new health care
entitlement, the majority has opted for a tax increase that has no
chance of becoming law and with good reason. It taxes American jobs. It
is in clear violation of our international obligations.
While the provision in question closely tracks legislation that has
passed the House on a partisan basis, the Senate has repeatedly
rejected it. Even the Obama administration has raised objections to the
way this provision violates our carefully negotiated tax treaties.
There is never a good time to raise taxes on employers and American
workers, but given the continued weakness in the economy, now may be
the worst time. Data from the Department of Labor confirms that:
Forty-seven States have lost jobs since the Democrats' stimulus
passed;
Over 2 million jobs have been eliminated; and
Unemployment remains unacceptably high--over 13 percent in my home
State of Michigan.
Mr. Speaker, the tax hike in this legislation is unacceptable. The
hardships suffered by our first responders do not change that basic
fact. I urge my colleagues to, again, reject these tax hikes and to
vote ``no'' on the legislation.
Mr. PALLONE. Mr. Speaker, may I inquire as to how much time remains
on our side?
The SPEAKER pro tempore. The gentleman from New Jersey has 3\1/2\
minutes remaining. The gentleman from Texas has 3 minutes remaining.
[[Page H6396]]
Mr. PALLONE. Mr. Speaker, I yield 1\1/2\ minutes to the other
champion of this bill, a member of our committee, the gentleman from
New York (Mr. Weiner).
Mr. WEINER. I thank the chairman.
Mr. Speaker, I would say to my colleagues who are talking about the
pay-for and the tax and the fine print that this is a relatively simple
matter. This is a noncontroversial bill. If you believe that we owe a
debt to the people who have served our country, this is your moment to
repay it.
You know, you talk as if you're giving them some kind of a benefit.
What benefit has occurred for the people who went down on September 11,
who helped pull their friends and neighbors out of the rubble and who
now bounce their grandkids on their knees with a stew of toxic dust in
their lungs? What benefit has occurred for them?
You are repaying a debt on this day, a debt to these people who
deserve it--and not just on September 11 when we all came together and
said that we were never going to forget that day. We formed a fund like
this one and said, You know what? If you died that day, you died a
hero. Well, my colleagues, there are people who are dying at this
moment. Are they any less the heroes? Are they less deserving?
Now, there was one word I did hear used which was appropriate--that
we are creating an entitlement. That's right. These people are
entitled. They are entitled to our care. They are entitled to our
indebtedness. They are entitled to what we are doing in this bill. The
difference with this entitlement and others is that there are no more
people. In fact, there are fewer and fewer every single day because
they are dying. They are dying because they were heroes on behalf of
this country.
This is the moment for an up-or-down vote. If you put your card in
and press the ``no'' button, you are against health care for 9/11
workers. If you push the green button, you are finally doing 9 years
later what has been long overdue. That is the plain and simple truth.
Don't be the party of ``no'' today.
Mr. BARTON of Texas. Mr. Speaker, I would like to inquire as to how
much time will be remaining, which I will control, after Mr. Stearns' 1
minute.
The SPEAKER pro tempore. The gentleman from Texas will have
approximately 2 minutes remaining.
Mr. BARTON of Texas. Mr. Speaker, I yield 1 minute to a member of the
Energy and Commerce Committee, the gentleman from Florida (Mr.
Stearns).
(Mr. STEARNS asked and was given permission to revise and extend his
remarks.)
Mr. STEARNS. Let me say to my friends on this side of the aisle and
to the people from New York City and from New York: Can anyone come
down to this House floor and question this spending without being
attacked on their character?
Mr. Speaker, there is no strategy or tactics we've developed here. We
are just saying it's the CBO. The CBO has scored this at $11 billion.
They said it's a template for future types of programs. They used the
word ``entitlement.'' It creates another mandatory program. This is not
the Republicans talking. This is the CBO. For you to come down here and
question anybody who questions spending in this country of taxpayers'
money and then to disparage our character is wrong.
It is ironic that the President has created a fiscal commission to
look at debt spending and entitlements. Yet Congress is pushing ahead
with yet another spending program. We can talk about this intelligently
without your emotionalizing this issue. But Mr. Speaker, we don't need
to create this entitlement. We should do a 5-year program with the
standard reauthorization and appropriation process.
Why do you object to the standard appropriation process? It is a
proper method for fiscal discipline. If we are to pay for this
entitlement, it should also come by reducing the waste and fraud in
this country. We are on your side. Show us how to eliminate waste and
fraud, and we will pay for it through that.
{time} 2030
Mr. PALLONE. Mr. Speaker, I yield the 2 minutes that I have remaining
to the gentlewoman from New York (Mrs. Maloney), the sponsor of the
legislation who has worked so tirelessly like I've never seen on this
legislation and is so proud to be here tonight for its passage.
Mrs. MALONEY. Thank you very much, Chairman Pallone, and for your
leadership.
This week the House approved billions in new funding for the war in
Iraq and Afghanistan, but Congress has yet to fully address the impact
of the event that caused the war in the first place, the 9/11 terrorist
attack.
Today we will vote on a bill that provides guaranteed help for the
survivors of 9/11 and the brave first responders who rushed to Ground
Zero to save the lives of others.
I thank Congressmen Nadler and King, my colleagues in the New York
delegation, Speaker Pelosi, Leader Hoyer for their dedication to the
heroes and heroines and the survivors of 9/11.
On 9/11, roughly 3,000 people lost their lives, but thousands and
thousands lost their health because they rushed in to save others.
To date, the Federal Government has identified more than 20,000
individuals who have health problems as a direct result of the attacks.
Caring for those who are suffering is a national responsibility.
Every single State, 428 of the 435 congressional districts have someone
enrolled in the Federal World Trade Center Health Registry because they
were near Ground Zero or worked at Ground Zero.
The 9/11 Health and Compensation Act meets our moral responsibility
to help those who were there to help us. It seems inconceivable to me
that we would choose to spend hundreds of billions of dollars on wars
in foreign lands and not spend this modest amount right here at home to
help the warriors, the first people who were there, those who were
there for us on 9/11 in the place where it all began. They were there
for us; we need to be there for them.
This is the veterans of the war of 9/11, those who saved the lives of
others. And 9/11 was a great tragedy, but it was also a great rescue
effort, one of the greatest in history.
So I urge my colleagues to support the heroes, the heroines, the
warriors right here at home, the first in the line of fire at Ground
Zero where it all began.
Mr. BARTON of Texas. Mr. Speaker, I yield a very long 45 seconds to
the gentleman from Buffalo, New York (Mr. Lee).
Mr. LEE of New York. No one will ever forget 9/11, where we were that
day. It's ingrained in our memories.
We saw thousands of men and women rush into buildings, not caring
about their own safety, caring about others. We've also seen other
people come in and clean up this debris knowing that they were exposed
to chemicals and toxins.
I was a cosponsor of this bill and believed in this bill. The problem
is, it's where Washington gets it wrong. The pay-for for this bill is
in job-killing taxes.
There were opportunities to solve this problem in a bipartisan way.
That was missed. And it's an unfortunate situation when we have people
who are getting put in the way of politics have got in the way of
trying to help people who were brave and honest and doing the right
thing for New Yorkers. And it's a sad state of affairs. And,
unfortunately, I won't be able to support this bill.
Mr. NADLER of New York. Mr. Speaker, I yield myself 2 minutes.
Mr. Speaker, I rise today in support of the Zadroga 9/11 Compensation
Act.
On September 11, 2001, Osama bin Laden orchestrated the deadliest
terrorist attack in American history, killing almost 3,000 people and
wounding thousands more. The attacks created an environmental nightmare
as hundreds of tons of every contaminant known to man and woman came
out onto the streets and canyons of Manhattan and Brooklyn. Into this
toxic crowd ran firefighters and police and other first responders.
First responders came from all 50 States to aid in the rescue and clean
up in the subsequent days.
The Environmental Protection Administration, the EPA, despite ample
evidence to the contrary, kept falsely proclaiming that the air was
safe to breathe. It wasn't. The terrorists caused environmental
catastrophe, but the Federal Government compounded the damage by
telling people the environment was safe when it wasn't, and
[[Page H6397]]
now thousands of people are sick and in need of special care.
We have a moral obligation to treat those who became ill, and that's
what this bill is all about. For 8 years, Representative Maloney and I,
supported on a bipartisan basis by the New York delegation and others,
have worked to bring this bill to the floor. Now it's finally time to
pass it.
Time and again, as we moved the bill through the legislative process,
we have adjusted it, reduced its size and scope, limited its cost and
made concessions to broaden the coalition and lower the cost. We worked
with our colleagues on the other side of the aisle to reopen the
Victims Compensation Fund in a responsible way in order to protect
contractors from liability so they would not find they sacrificed their
businesses to serve their country. We even agreed to cap attorneys'
fees.
I know some Members are concerned about the cost of providing this
assistance. Let me emphasize, this bill is fiscally responsible and
balances the needs of our 9/11 heroes with fiscal constraints. It is
completely paid for. We have achieved this by closing a tax loophole
which allows foreign companies to evade U.S. taxes.
Second, we have capped the funding level, capped the number of people
who can participate, and capped the number of years the program can
continue. Just within the past month we have brought the cost of the
bill down an additional $3 billion.
Now, let me appeal to my colleagues on the other side of the aisle. I
understand that some of you may have a problem with the offset, even
though it is not aimed at U.S. companies and is simply designed to
improve withholding of taxes that are legally due. I understand that.
But I have to ask you this: just consider for a moment what we are
talking about. Balance that tax break against the needs of our 9/11
heroes, needs that are so great, so raw and so obvious, and let our
moral obligation to the heroes of 9/11, our obligation, as Lincoln
said, ``to care for him who shall have borne the battle'' prevail. Let
us do the honorable thing and vote for this bill.
To me, the choice is simple. I will be voting for the firefighters,
for the police, for the first responders, for the survivors of the
attacks. I urge every Member of the House to do the same.
And I want to thank Congresswoman Maloney, the New York delegation,
the Speaker, the majority leader, the chairmen of the various
committees, Frank Pallone, and all the organizations like the
International Association of Fire Fighters, the National Association of
Police Organizations for supporting this vital bill.
Do the right thing. Do the moral thing. Do the only moral thing. Vote
for this bill.
Mr. BARTON of Texas. I yield 45 seconds to the gentleman from The
Woodlands, Texas (Mr. Brady).
Mr. BRADY of Texas. Mr. Speaker, I appreciate and admire the fierce
tenacity of Chairwoman Maloney as she fights for her constituents in
New York, but I have a real problem with the way the bill is paid for.
Looking at Texas Task Force 1 standing at Ground Zero, going through
that rubble and their heroism, themselves, they went there to save
survivors, not to raise taxes. And that's what this bill does. It kills
American jobs. It raises taxes on companies that invest in America,
that build American plants, that hire American workers, buy American
equipment, pay American taxes. It punishes those companies that create
U.S. jobs $7 billion.
Why would we use 9/11 as an excuse to harm American jobs? It makes no
sense at all.
We can do better than this. We have to do better than this. This tax
increase is absolutely inappropriate, and I urge its defeat.
Mr. NADLER of New York. I yield 1 minute to the gentlewoman from New
York (Mrs. Lowey).
Mrs. LOWEY. Mr. Speaker, more than 70,000 Americans from every State
descended upon Ground Zero to recover and rebuild after 9/11. They ran
into burning buildings, they rescued trapped workers, they sorted
through destruction.
And just as we provide medical care for our troops, we must care for
the 13,000 who are now sick as a result of their heroic actions in a
toxic environment. They disregarded their personal safety for our
country. Surely this Congress will not disregard their dire health
needs to protect foreign tax shelters.
Nearly all of us represent a responder and almost 9 years later have
a responsibility to do what is right. Vote for this bill.
Mr. BARTON of Texas. Mr. Speaker, I yield myself the balance of my
time.
The SPEAKER pro tempore. The gentleman is recognized for 30 seconds.
Mr. BARTON of Texas. Mr. Speaker, Republicans support helping the
first responders and the victims of the World Trade Center attack. We
support it at the President's request. We support it as an authorized
program. We support it at paying existing Medicare rates. And, finally,
we support it without raising taxes on the rest of the American people.
This bill doesn't do that, so we would urge a ``no'' vote on this bill,
and then perhaps we can work together on a bipartisan basis to do
something that everybody in this Chamber can support.
Please vote ``no'' on this bill, and then let's work together to do
it the right way.
{time} 2040
Mr. NADLER of New York. I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I yield myself 3\1/2\ minutes.
Mr. Speaker, this bill presents a sensitive issue with regard to
compensation for those who are suffering ailments as a result of
recovery and cleanup efforts at the World Trade Center site. No doubt
there are many with legitimate claims as a result of their efforts at
Ground Zero.
But this legislation, as written, creates a huge $8.4 billion slush
fund paid by taxpayers that is open to abuse, fraud, and waste. That's
because the legislation creates an unjustifiable 21-year-long fund that
leaves decisions on whether or not to pay claimants to the complete
discretion of the special master. As Ken Feinberg, special master of
the original 9/11 Fund, has stated, quote, ``No latent claims need such
an extended date.''
The legislation also vastly extends the geographic scope of the fund
to cover routes of debris removal. This will result in the potential
for a huge number of additional claimants with tenuous connections
between their medical problems and the cleanup efforts at Ground Zero.
Additionally, the bill permits those who have settled their lawsuits to
reopen their claims and seek additional taxpayer-funded compensation
through the 9/11 Fund. This is contrary to both the terms of the
original 9/11 Fund and to general legal principles regarding the
finality of settlements.
The original 9/11 Fund was unprecedented in its expression of a
Nation's compassion and generosity following the deaths of innocent
people. It was designed to settle the claims of those covered once and
for all. It may be that the fund should be reopened to first responders
whose injuries were not evident until after the expiration of the
initial deadline. However, if we are going to reopen the fund, we
should do so in a manner that is much narrower, with far less
discretion for the special master than is provided for in H.R. 847.
It's hard to explain spending billions of additional taxpayer dollars
when Special Master Ken Feinberg himself has emphatically stated that
the $1.5 billion in taxpayer money, charitable contributions, and
insurance coverage currently available for distribution is, quote,
``more than sufficient to pay all eligible claims, as well as lawyers'
fees and costs.''
Mr. Speaker, why do Democrats continue to overreach and consider the
taxpayer to be their personal slush fund? I urge my colleagues to vote
against this bill.
I reserve the balance of my time.
Mr. NADLER of New York. Mr. Speaker, I now have the distinct
privilege of yielding 1 minute to the distinguished Speaker of the
House.
Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding. And I
thank him for giving us the opportunity to vote this evening on the
James Zadroga 9/11 Health and Compensation Act. I thank you and
Congresswoman Maloney for your leadership on this issue, as well as the
entire New York delegation.
Mr. Speaker, any time we enter a discussion of 9/11 we are entering
sacred
[[Page H6398]]
ground. It is a place where there should be no disagreement as to our
obligation to those who helped dig out and try to help clean up and
recover at the scene of 9/11 at Ground Zero.
When 9/11 occurred, I don't think there would have been any question
in anyone's mind that responding to it in this particular way was an
emergency. It was an emergency. If there were ever an emergency in our
country, responding to 9/11 was one. And so the objection that our
colleagues make about paying for this, maybe we shouldn't pay for it.
But we are. It's an emergency. It should be under emergency spending
and investment.
But in order to say if we don't want to add to the deficit we will
pay for it, there is a pay-for in the legislation that is about
eliminating opportunities for tax evaders to avoid taxation, using the
benefit of that to help make the people who came to the rescue and help
rebuild and recover whole.
On September 11, 2001, again we enter this sacred ground, America
stood in shock at the tragedy that unfolded at Ground Zero. In the days
that followed, we stood inspired by the thousands of firefighters,
rescue workers, first responders, medical personnel, and construction
workers who traveled to the scene of the attack to help New Yorkers
clean up and recover. Many spent days, weeks, or months doing the hard
work our government asked them to do in the recovery effort.
Bound together by tragedy, their acts made them heroes. Their
commitment reflected our unity as a people and a Nation. Their courage
gave us hope that we would emerge from these dark days stronger and
more resilient than ever. The whole country watched, the whole world
watched, frustrated in our own inability to be at the scene and to be
helpful, grateful to those who were so brave, so courageous to make
that sacrifice, in a place that was uncertain in terms of its health
aspects.
Today we must act to offer those who were so courageous the
assistance they earned through their bravery and their sacrifice. Again
I thank Congresswoman Carolyn Maloney, Congressman Jerry Nadler, and
the entire New York delegation for their work to bring this legislation
to the floor. The American people are looking to us to do the right
thing for the men and women who answered the call of duty and continue
to suffer from ill health effects on their service.
It is my understanding that the people affected by this live in 433
of the 435 congressional districts. Because people not only rushed in
from New York and surrounding areas, they came and brought their
expertise and their help from all over the country. And therefore, the
consequences of their bravery are felt all over the country. And the
impact on their health is an important part of the challenge that they
face and that we owe them for.
This legislation fulfills our obligation to those Americans, helping
those who jeopardized their health to rescue others secure necessary
medical treatment, especially for the unique exposures suffered at
Ground Zero, and ensuring survivors and victims' families can obtain
compensation for their tragic losses through a reopened 9/11 Victim
Compensation Fund.
My colleagues, you all remember that following 9/11 there was a
compensation fund established for the families of those who lost their
lives. Well, many of these people are losing their lives. They
certainly have lost their health. And we owe them. This is not a time
for any partisanship. This legislation is the least we can do to offer
our gratitude and support to those heroes, those individuals who never
asked for any recognition or accolades, who simply want the opportunity
to live out their lives with health and happiness.
Americans will have a hard time understanding how any leader in
Congress could oppose this critical assistance. Let's find a way to
help these people, not let's look for ways not to. We must uphold our
pledge to help every one of them. We must not desert them. We must join
together as Democrats and Republicans to provide this critical
assistance.
I urge all of my colleagues to vote ``aye'' on the James Zadroga 9/11
Health and Compensation Act. I thank our colleagues again in a
bipartisan way in the New York delegation for giving us the opportunity
to call attention once again to the bravery and courage of so many at
that time. Words are totally inadequate. But by our deeds we can try to
begin to express our gratitude. We owe them that.
{time} 2050
Mr. SMITH of Texas. Mr. Speaker, I yield 3 minutes to the gentleman
from New York (Mr. King), who is also the ranking member of the
Homeland Security Committee.
Mr. KING of New York. I thank my from friend from Texas for yielding.
Mr. Speaker, I rise as an original co-sponsor and in support of H.R.
847. I have seen too many police officers, firefighters, and
construction workers who responded to 9/11 who have pulverized glass in
their lungs and toxins in their bloodstream and are dying one by one.
But what we are doing tonight is a cruel hoax and a charade. Everyone
knows that this bill will not get the two-thirds majority required on
the suspension calendar. Everyone also knows that this bill would pass
with a clear majority if the Democrat leadership would allow it to come
to the floor under the regular procedures of the House.
The reason H.R. 847 is not being brought up under regular order is
because the majority party is petrified of having its members face a
potential vote on illegal immigration. You can blame it on the
Republicans--and I've been strongly critical on the Republican position
on this issue--but the reality is you could pass this bill if you
wanted to. You are in control. You have the power. You have the
responsibility. This bill should be more important than a campaign
talking point. You could have passed it at any time during the past
3\1/2\ years, but you want political cover. Thank God for our country
that the first responders of 9/11 didn't look for cover before they did
what they had to do and lived up to their oath.
As Mayor Bloomberg, the mayor of New York City, said just today about
the procedure we are following tonight, ``It's an outrage. A majority
of people would vote for this bill but they know full well they will
not get 66 percent. They know that. So this is a way to avoid having to
make a tough decision. Our people who worked down at 9/11, whose health
has fallen apart, did what America wanted them to do. This is an
American problem and Congress should stand up. And I know it's a tough
vote for some people. I don't have a lot of sympathy. They should bring
this up and vote up or down on any amendments and vote up or down on
the bill. And go on the record. And that incidentally is what the
leadership should force.'' That was Mayor Bloomberg this afternoon.
They say they want Republican support, yet they never consulted even
one Republican before they made the corporate tax increase as the pay-
for. They say they want Republican support before they pass this bill,
but they never applied that standard when they rammed through the
stimulus, health care, cap-and-trade, or financial regulatory reform.
No, you only apply it to cops and firefighters and construction
workers.
What a sad and pathetic double standard. These heroes deserve better
than they are receiving here tonight.
No matter what happens on this vote, I will continue to do all I can
to pass this bill as soon as possible in the future.
Let me say, I look forward to continue working with Carolyn Maloney,
who has always been honest, open, and direct.
Mr. Speaker, this is a sad moment for this body.
Mr. NADLER of New York. Mr. Speaker, I yield 1 minute to the
distinguished gentleman from New York (Mr. Weiner).
Mr. WEINER. It takes great courage to wait until all Members have
already spoken and then stand up and wrap your arms around procedure.
We see it in the United States Senate every single day when Members
say, We want amendments. We want debate. We want amendments, but we're
still a ``no.'' And then we stand up and say, Oh, if only we had a
different process, we'd vote ``yes.''
You vote ``yes'' if you believe yes. You vote in favor of something
if you believe it's the right thing. If you believe it's the wrong
thing, you vote ``no.''
[[Page H6399]]
Mr. KING. Will the gentleman yield?
Mr. WEINER. I will not yield.
The gentleman gets up and yells like he does to intimidate people
into believing he's right. The gentleman is wrong. The gentleman is
providing cover for his colleagues rather than doing the right thing.
It's Republicans wrapping their arms around Republicans rather than
doing the right thing on behalf of the heroes. It is a shame; a shame.
If you believe this is a bad idea to provide health care, then vote
``no.'' But don't give me the cowardly view that, Oh, if it was a
different procedure.
I will not stand here and listen to my colleague say, Oh, if only I
had a different procedure that allows us to stall, stall, stall and
then vote ``no.'' Instead of standing up and defending your colleagues
and voting ``no'' on this humane bill, you should urge them to vote
``yes,'' something the gentleman has not done.
Mr. SMITH of Texas. Mr. Speaker, two questions: One, I would like to
know how much time the last speaker used; and I would like to know how
much time remains on each side.
The SPEAKER pro tempore. The gentleman from New York consumed 1
minute.
The gentleman from Texas has 6 minutes. The gentleman from New York
(Mr. Nadler) has 1\1/2\ minutes. The gentleman from New York (Mr.
Crowley) has 6\1/2\ minutes.
Mr. SMITH of Texas. Mr. Speaker, I yield 2 minutes to the gentleman
from Virginia (Mr. Goodlatte), who happens to be the vice ranking
member of the Judiciary Committee. And I hope the Speaker will use the
same timepiece in judging Mr. Goodlatte's time as he did in judging the
gentleman from New York's time.
Mr. GOODLATTE. Mr. Speaker, everyone here is concerned about helping
people who are suffering, including New York firefighters and policemen
and emergency rescue workers and others affected by this, but I want to
point out what Ken Feinberg, the special master of the September 11th
Victim Compensation Fund said in an op-ed piece in The Washington Post
entitled, ``9/11 fund. Once was enough.''
He said, ``Despite its success, the fund has not set a precedent.
Congress has not authorized similar compensation for the thousands of
victims of Hurricane Katrina, for those injured by other natural
disasters, or for the families of those killed in such tragedies. Nor
has Congress exhibited such generosity toward U.S. soldiers wounded or
the families of those killed in Iraq and Afghanistan.
``The same is true of victims of terrorist attacks that took place
before September 11, 2001. The Navy personnel who died in the suicide
attack on the USS Cole and the victims of the Oklahoma City bombing
received no such public compensation. Even the victims of the first
terrorist attack on the World Trade Center in 1993 were denied.''
Feinberg said, ``Bad things happen to good people every day; Congress
does not come to their financial rescue with generous, tax-free checks.
In our free society, based on notions of limited government and equal
protection of the laws, we simply do not expect the government to step
in whenever misfortune strikes.''
When firefighters all across this country enter burning buildings,
when rescue workers clean up toxic spills, people are injured, people
are killed all the time. We do not have compensation funds for them. We
have normal procedures, normal processes through which people receive
assistance. Even the most recent compensation funds for the gulf oil
spill and for the victims of the shooting at Virginia Tech were
privately funded compensation funds. This is not the correct way to
proceed.
And this fund, in particular, is bloated. It includes funding for
more than 20 years, until 2031. It includes far more money than Ken
Feinberg said was necessary.
I urge my colleagues to not support this approach to solving this
problem.
{time} 2100
Mr. NADLER of New York. Mr. Speaker, I yield myself the balance of my
time.
The SPEAKER pro tempore. The gentleman is recognized for 1\1/2\
minutes.
Mr. NADLER of New York. Mr. Speaker, over 13,000 responders are sick
and receiving treatment today. Nearly 53,000 are enrolled in medical
monitoring; 71,000 are enrolled in the World Trade Center Health
Registry.
We have created Centers of Excellence across the country as part of
this program so that people who were at the World Trade Center and have
gotten sick can go to someplace with the expertise and a diagnosis
without coming to New York or New Jersey. All of this is dependent on
its continuation on passing this bill.
Yes, we can do it through continued appropriations. We have had too
many times where the hospitals had to send out notices to the people
being treated that your treatment comes to an end June 30 because the
appropriation hasn't come through. We cannot leave this to the
vicissitudes of annual appropriations.
On the Victim Compensation Fund, this House, indeed this Congress,
passed it almost unanimously a week or two after 9/11. Unfortunately,
people who should have been compensated by that fund could not be
because their sicknesses did not become evident till the fund closed.
That's why Ken Feinberg, testifying before the Judiciary Committee,
urged us to reopen the fund, which is one half of this bill.
This bill is necessary so that people in the future will know that
you go and help people in a time of emergency. This is not a New York
bill.
This was an attack on the United States and is a special moral
urgency because many of the people wouldn't be sick today if the
Federal Government, in the person of the EPA, had not lied, had not
told them the air was safe to breathe when we knew perfectly well that
it wasn't safe to breathe.
I remember telling people don't go back to school, don't go to work
there. Don't go back to work in the Federal office building because the
air was not safe to breathe. But the EPA was saying go to work. People
went to work. They are sick. We owe them this bill. We owe them their
health. We owe them treatment if we are going to get support in the
future when we have another emergency.
I urge the passage of this bill.
I yield back the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I understand that we have 4 minutes
left on this side. I would like to inquire again how much time remains
on the other side, including both of the gentlemen from New York, Mr.
Nadler and Mr. Crowley.
The SPEAKER pro tempore. Mr. Nadler's time has expired. Mr. Crowley
has 6\1/2\ minutes remaining.
Mr. SMITH of Texas. Mr. Speaker, I will reserve the balance of my
time.
Mr. CROWLEY. Mr. Speaker, who has the right to close?
The SPEAKER pro tempore. The gentleman from New York.
Mr. CROWLEY. Thank you, Mr. Speaker.
With that, I will yield 1 minute to the gentleman from New York
representing Staten Island, Mr. McMahon, one of the hardest hit areas
in terms of victims of 9/11 as well as where much of the debris was
brought to the landfill in Staten Island.
Mr. McMAHON. Thank you, Mr. Chairman.
Mr. Speaker, I rise this evening to tell the human side of this
story, to tell the story of Lieutenant Martin Fullam from my district.
Five weeks or so ago I got on a train in New Jersey to come down to
work and Martin was there with his wife. They were coming down because
there was going to be a meeting and a hearing over on the Senate side,
and they wanted to be there.
You see, Martin was a 30-year veteran of the New York City Fire
Department, and right after 9/11 he went and he work on the pile; and
like so many others, he became sick, one of the first to be diagnosed
with World Trade Center disease. He had to have a lung replaced or
otherwise he would have died.
And when I asked him what does he think about, as he kind of fought
for his breath sitting in that train station, he said the only thing I
think about is making sure that my medical bills are paid so my family
doesn't have to worry about it. That's all we are asking.
So I say to you that if this is an entitlement, you should have your
mouth washed out with soap because you lie, Mr. Speaker. And if I say
to you that you think this is some sort of tax gimmick and you want to
protect offshore
[[Page H6400]]
corporations and because we want to close the loophole, then I say you
should have your head examined because there is something wrong with
you.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. CROWLEY. I yield the gentleman 30 additional seconds.
Mr. McMAHON. And if you say that you support this bill but because of
process, because of procedure, you will not vote with us tonight, then
I say to you, speak to your confessor, because your judgment day is
coming. These people fought for us. They fought for America. It's time
for you to stand up on that side and fight for them and their families
and give them peace of mind.
This is not an entitlement. It is paid for, and it is limited. And
yet you hide behind this substitute.
Announcement By the Speaker Pro Tempore
The SPEAKER pro tempore. Members must address their remarks to the
Chair and not to the colleagues in the second person.
Mr. McMAHON. Mr. Chairman, as I said, that's what you should do on
that chair. You should understand what this is about, human lives.
Stand up and be counted.
I urge my colleagues to vote tonight for the heroes of 9/11, all-
Americans.
Mr. SMITH of Texas. Mr. Speaker, I yield 1\1/2\ minutes to the
gentleman from California (Mr. Daniel E. Lungren) who is the ranking
member of the House Administration Committee and a senior member of the
Judiciary Committee.
Mr. DANIEL E. LUNGREN of California. I thank the gentleman.
Mr. Speaker, I am one of those who supported the section of the bill
that we had in the Judiciary Committee and attempted to convince others
on my side to support it, because I believe we ought to expand it to
include those people who assisted and those people who found that they
had health problems after the time originally envisioned.
But I don't have to go to my father confessor, as someone suggested,
to say that I cannot support this bill.
I did not believe that it was going to have attached to it a job-
killing provision which is going to hurt jobs in my district and
throughout California.
I did not know we were going to have the open-ended type of program
that was in title I.
I fully thought that we would come to the floor with a bill that was
bipartisan in nature and that was, in fact, what I envisioned when I
voted for it and spoke for it on the Judiciary Committee.
I am saddened, frankly, by having this bill presented the way it is
today. I am not going to be here and complain about procedure. What I
am going to do is complain about the result that's before us.
We can and we have done better in the past when we have been
confronted with very difficult issues on a bipartisan basis, when the
Republicans were in charge, when the Democrats were in charge in the
past, and we have been able to come up with legislation that got the
support of this House.
The unfortunate thing here is that this bill will not pass today; and
yet we could have a bill that does, in fact, carry out all of the
sentiments expressed on this floor today, but we are not going to have
that chance, and I am saddened by that, not angered by that.
Mr. CROWLEY. Mr. Speaker, I yield 1 minute to the gentleman from New
York (Mr. Tonko).
Mr. TONKO. I thank the gentleman.
I stand here this evening in strong support of H.R. 847. I want to
commend my colleagues, Representatives Maloney, Nadler, Crowley and the
entire delegation from New York in a bipartisan way for working on this
bill.
It is so essential. Just hours, days after the attack on America, 9/
11, I was at the time serving in the New York State Assembly. The
Speaker of the State Assembly and a delegation of representatives from
the House traveled to that site to show support to the workers.
I can still recall the pain and the anguish that surrounded that
site. I can still see the determination in the eyes of the workers. I
can still understand the sense of character, the efforts made, the
strength, the courage, the bravery, the resilience of those workers.
If, in fact, we believe 9/11 is an attack on America, then we as an
American public need to respond to the workers who showed the strength
and the bravery to aid us in that very, very dark moment.
So I stand in support of H.R. 847 and ask that everyone in this House
show support to the workers. They deserve our respect, our resources,
and let's support this measure.
Mr. SMITH of Texas. Mr. Speaker, I have no further requests for time,
and I reserve the balance of my time.
Mr. CROWLEY. Mr. Speaker, how much time do we have left?
The SPEAKER pro tempore. The gentleman from New York has 4 minutes
remaining.
Mr. CROWLEY. I yield 1 minute to the gentlewoman from Pennsylvania
(Mrs. Dahlkemper).
Mrs. DAHLKEMPER. Mr. Speaker, I rise in support of the 9/11 Health
and Compensation Act tonight. I am from Pennsylvania, northwest
Pennsylvania, almost 450 miles away from New York City.
During my first months in office, in 2009, I met with a constituent
named Laura DiPasqua, the director of emergency services for the
American Red Cross in Erie.