[Congressional Record Volume 156, Number 173 (Wednesday, December 22, 2010)]
[House]
[Pages H8947-H8966]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JAMES ZADROGA 9/11 HEALTH AND COMPENSATION ACT OF 2010
Mr. ARCURI. Madam Speaker, I ask unanimous consent that it be in
order at any time to take from the Speaker's table the bill H.R. 847,
with the Senate amendment thereto, and to consider in the House,
without intervention of any point of order except those arising under
clause 10 in rule XXI, a motion offered by the chair of the Committee
on Energy and Commerce or his designee that the House concur in the
Senate amendment; that the Senate amendment be considered as read; that
the motion be debatable for 30 minutes equally divided and controlled
by the Chair and ranking minority member of the Committee on Energy and
Commerce; and that the previous question be considered as ordered on
the motion to final adoption without intervening motion.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. PALLONE. Madam Speaker, pursuant to the order of the House of
today, I call up 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, with the Senate amendment thereto,
and I have a motion at the desk.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
The text of the Senate amendment is as follows:
Senate amendment:
Strike all after the enacting clause and insert the
following:
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--REVENUE RELATED PROVISIONS
Sec. 301. Excise tax on foreign procurement.
Sec. 302. Renewal of fees for visa-dependent employers.
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:
``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.
[[Page H8948]]
``(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.
``(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).
[[Page H8949]]
``(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, including claims
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, including
claims data, in accordance with section 3304.
``(2) Contracts with data centers.--
``(A) In general.--The WTC Program Administrator shall
enter into contracts with one or more 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.
``(5) Review on feasibility of consolidating data
centers.--Not later than July 1, 2011, the Comptroller
General of the United States shall submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on the feasibility of consolidating Data
Centers into a single Data Center.
``(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--
``(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, including claims 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.
[[Page H8950]]
``(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 otherwise reimbursable
by the WTC Program Administrator under section 3312(c) for
patient evaluation, monitoring, or treatment but which are
needed to operate the WTC program such as the costs involved
in outreach to participants or recruiting participants, data
collection and analysis, social services for counseling
patients on other available assistance outside the WTC
program, and the development of treatment protocols. Such
term does not include costs for new construction or other
capital costs.
``(d) GAO Analysis.--Not later than July 1, 2011, the
Comptroller General shall submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate an analysis on whether Clinical Centers of Excellence
with which the WTC Program Administrator enters into a
contract under this section have financial systems that will
allow for the timely submission of claims data for purposes
of section 3304 and subsections (a)(1)(F) and (b)(1)(B)(iii).
``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)(A) The term `WTC Program Administrator' means--
``(i) subject to subparagraph (B), 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
``(ii) 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.
``(B) In no case may the Secretary designate under
subparagraph (A)(i) the Director of the National Institute
for Occupational Safety and Health or a designee of such
Director with respect to section 3322 (relating to payment
for initial health evaluation, monitoring, and treatment).
``(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 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
[[Page H8951]]
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 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 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).
[[Page H8952]]
``(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 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.
[[Page H8953]]
``(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.--
``(i) In general.--Subject to clause (ii):
``(I) 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.
``(II) For treatment not covered under subclause (i) or
subparagraph (B), the WTC Program Administrator shall
establish by regulation a reimbursement rate for such
treatment.
``(ii) Exception.--In no case shall payments for products
or services under clause (i) be made at a rate higher than
the Office of Worker's Compensation Programs in the
Department Labor would pay for such products or services
rendered at the time such products or services were provided.
``(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.
``(iv) Pharmaceuticals.--Not later than July 1, 2011, the
Comptroller General of the United States shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report on whether
existing Federal pharmaceutical purchasing programs can
provide pharmaceutical benefits more efficiently and
effectively than through the WTC program.
``(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 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).
``(d) Provision of Services Through the VA.--
``(1) In general.--The WTC Program Administrator may enter
into an agreement with the Secretary of Veterans Affairs for
the Secretary to provide services under this section through
facilities of the Department of Veterans Affairs.
``(2) National program.--Not later than July 1, 2011, the
Comptroller General of the United States shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report on whether the
Department of Veterans Affairs can provide monitoring and
treatment services to individuals under this section more
efficiently and effectively than through the nationwide
network to be established 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,
[[Page H8954]]
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 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
[[Page H8955]]
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 2015 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 year 2016, 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.
``(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
[[Page H8956]]
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 2016 (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, and $431,000,000 for fiscal year 2015; and
``(II) subject to paragraph (4), an additional amount for
fiscal year 2016 from unexpended amounts for previous fiscal
years; 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 2016.--Beginning with fiscal year 2016, 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 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 May 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;
[[Page H8957]]
``(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 the date that is 5 years after the date on which such
regulations are updated.''.
(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
``(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.--Such section, as so redesignated, is
further amended by adding at the end the following new
clause:
``(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.''.
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 180 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)
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
subparagraphs (A) and (B) 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) applies, shall be paid
solely from the following funds in the following order, as
may be applicable:
``(A) The funds described in subparagraph (A) or (B) of
paragraph (4).
``(B) If there are no funds available as described in
subparagraph (A) or (B) of paragraph (4), the funds described
in subparagraph (C) of such paragraph.
``(C) If there are no funds available as described in
subparagraph (A), (B), or (C) of paragraph (4), the funds
described in subparagraph (D) of such paragraph.
``(D) If there are no funds available as described in
subparagraph (A), (B), (C), or (D) of paragraph (4), the
funds described in subparagraph (E) of such paragraph.
``(6) Declaratory judgment actions and direct action.--Any
claimant to a claim or action to which paragraph (4) 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,
except that no such action for declaratory judgment or direct
action may be commenced until after the funds available in
subparagraph (A), (B), (C), and (D) of paragraph (5) have
been exhausted consistent with the order described in such
paragraph for payment.''.
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
[[Page H8958]]
(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
$2,775,000,000. Of such amounts, not to exceed $875,000,000
shall be available to pay such claims during the 5-year
period beginning on such date.
``(2) Pro-ration and payment of remaining claims.--
``(A) In general.--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 5-year period, receive a payment during
such period; and
``(ii) the total amount of all such payments made during
such 5-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 5-year
period described in paragraph (1), but in no event later than
1 year after such 5-year period, 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.
``(C) Termination.--Upon completion of all payments
pursuant to this subsection, the Victim's Compensation Fund
shall be permanently closed.
``(e) Attorney Fees.--
``(1) In general.--Notwithstanding any contract, 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, the representative of
such individual may charge an amount for compensation for
services rendered to the extent that such amount charged is
not more than--
``(i) 10 percent of such aggregate amount through the
settlement, minus
``(ii) the total amount of all legal fees charged for
services rendered in connection with such settlement.
``(3) Discretion to lower fee.--In the event that the
special master finds that the fee limit set by paragraph (1)
or (2) provides excessive compensation for services rendered
in connection with such claim, the Special Master may, in the
discretion of the Special Master, award as reasonable
compensation for services rendered an amount lesser than that
permitted for in paragraph (1).''.
TITLE III--REVENUE RELATED PROVISIONS
SEC. 301. EXCISE TAX ON CERTAIN FOREIGN PROCUREMENT.
(a) Imposition of Tax.--
(1) In general.--Subtitle D of the Internal Revenue Code of
1986 is amended by adding at the end the following new
chapter:
``CHAPTER 50--FOREIGN PROCUREMENT
``Sec. 5000C. Imposition of tax on certain foreign procurement.
``SEC. 5000C. IMPOSITION OF TAX ON CERTAIN FOREIGN
PROCUREMENT.
``(a) Imposition of Tax.--There is hereby imposed on any
foreign person that receives a specified Federal procurement
payment a tax equal to 2 percent of the amount of such
specified Federal procurement payment.
``(b) Specified Federal Procurement Payment.--For purposes
of this section, the term `specified Federal procurement
payment' means any payment made pursuant to a contract with
the Government of the United States for--
``(1) the provision of goods, if such goods are
manufactured or produced in any country which is not a party
to an international procurement agreement with the United
States, or
``(2) the provision of services, if such services are
provided in any country which is not a party to an
international procurement agreement with the United States.
``(c) Foreign Person.--For purposes of this section, the
term `foreign person' means any person other than a United
States person.
``(d) Administrative Provisions.--
``(1) Withholding.--The amount deducted and withheld under
chapter 3 shall be increased by the amount of tax imposed by
this section on such payment.
``(2) Other administrative provisions.--For purposes of
subtitle F, any tax imposed by this section shall be treated
as a tax imposed by subtitle A.''.
(2) Clerical amendment.--The table of chapters for subtitle
D of the Internal Revenue Code of 1986 is amended by adding
at the end the following new item:
``Chapter 50--Foreign Procurement''.
(3) Effective date.--The amendments made by this subsection
shall apply to payments received pursuant to contracts
entered into on and after the date of the enactment of this
Act.
(b) Prohibition on Reimbursement of Fees.--
(1) In general.--The head of each executive agency shall
take any and all measures necessary to ensure that no funds
are disbursed to any foreign contractor in order to reimburse
the tax imposed under section 5000C of the Internal Revenue
Code of 1986.
(2) Annual review.--The Administrator for Federal
Procurement Policy shall annually review the contracting
activities of each executive agency to monitor compliance
with the requirements of paragraph (1).
(3) Executive agency.--For purposes of this subsection, the
term ``executive agency'' has the meaning given the term in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403).
(c) Application.--This section and the amendments made by
this section shall be applied in a manner consistent with
United States obligations under international agreements.
SEC. 302. RENEWAL OF FEES FOR VISA-DEPENDENT EMPLOYERS.
Subsections (a), (b), and (c) of section 402 of Public Law
111-230 are amended by striking ``2014'' each place that such
appears and inserting ``2015''.
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 Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
Motion to Concur
The SPEAKER pro tempore. The Clerk will report the motion.
The Clerk read as follows:
Mr. Pallone moves that the House concur in the Senate
amendment to H.R. 847.
The SPEAKER pro tempore. Pursuant to the order of the House of today,
the motion shall be debatable for 30 minutes equally divided and
controlled by the Chair and ranking minority Member of the Committee on
Energy and Commerce.
The gentleman from New Jersey (Mr. Pallone) and the gentleman from
Texas (Mr. Burgess) each will control 15 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Madam Speaker, I 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. Madam Speaker, I yield to myself such time as I may
consume.
I rise in strong support of the Senate amendment to H.R. 847, the
James Zadroga 9/11 Health and Compensation Act of 2019. Today, this
body, for the third time, will vote on legislation to finally keep our
promise and take care of the heroes of 9/11.
I would like 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, also, for their tireless
work on behalf of this legislation.
Madam Speaker, this bill 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. It also reopens the 9/11 Victim Compensation Fund.
H.R. 847, as amended, costs $4.2 billion over 10 years. Of that
amount, $1.5 billion will go to the health program, while $2.7 billion
will go the VCF. Both programs are now limited to 5 years.
The amended bill before us today also changes how the two programs
are paid for by a 2 percent fee on government procurement from foreign
companies located in nongovernmental procurement, and a 1-year
extension of H1-B and L-1 visa fees for outsourcing companies.
Madam Speaker, this bill has long been a huge priority for me and
many of my colleagues in the House and the Senate. I urge my colleagues
to pass the bill.
[[Page H8959]]
I reserve the balance of my time.
Mr. BURGESS. I yield myself such time as I may consume.
Madam Speaker, I appreciate the gentleman's efforts in this regard. I
would like to take a few moments and clear up some of the
mischaracterizations that have occurred, unfortunately, around the
debate of this bill as it has worked its way through both Houses.
There have been some who have claimed that my side, the Republicans,
do not support providing treatment for 9/11 first responders, and that
these first responders are currently going without treatment for the
illnesses and injuries they suffered as a result of serving at the
World Trade Center. Both of those claims are simply not true.
According to President Obama's administration's own Centers for
Disease Control, the agency said, ``We will continue to provide
monitoring and treatment services for mental and physical health
conditions related to World Trade Center exposures for both responders
and for eligible non-responders. The World Trade Center program is
critical in meeting the ongoing and long-term specialty needs of
individuals that were exposed to dust, smoke, debris, and psychological
trauma from the World Trade Center attacks.''
As of September 30, 2009, the World Trade Center program had enrolled
over 55,000 responders in its monitoring and treatment programs. This
is in the CDC's budget justification for 2011.
At the Energy and Commerce Committee's markup of this legislation,
Republicans offered an amendment that would authorize the program that
is already providing treatment and monitoring benefits and authorized
funding for the program at exactly the level that was requested by the
President of the United States. That same amendment asked for real
accountability to ensure that we knew how the tax dollars were being
spent. Unfortunately, that amendment was defeated.
I am pleased that work in the Senate has yielded an amendment that
will provide for increased accountability and increased transparency in
how these funds are spent. H.R. 847 caps the number of people that can
be enrolled in the program but it does not require those enrolled to
verify their citizenship.
{time} 1600
We offered an amendment that would require this program so that
people in the country without benefit of Social Security numbers would
not get benefits while Americans were being stuck on the waiting list.
This amendment was defeated.
As with any government spending program, there should be limitations
on who can participate. The government has limited resources, so the
principal beneficiaries of the 9/11 health program should be the first
responders. However, H.R. 847 provides more than just benefits to first
responders; it also provides benefits to anyone who lives and works in
New York City. Under this bill, even Wall Street millionaires could
receive benefits with no cost to them, all done at the taxpayers'
expense.
In fact, in the Committee on Energy and Commerce I offered an
amendment that was rejected by the committee. I attempted to offer the
amendment at Rules when this legislation was brought before the House
before our adjournment in September, but I was thwarted in that. But it
remains that we ought to ensure that Federal taxpayers would not have
to pay for the health care of millionaires.
The bill passed by the Senate is an improvement over what passed in
the House. There could have been further improvements to ensure our
limited resources are being spent in the most efficient manner
possible. But all in all, the improvements that have been accomplished
over the last 24 hours are all to the good. This is an important piece
of legislation. This is something that this Congress or some Congress
should have passed in the last 8 years. And it is unconscionable that
we are here today at the last hour of the 111th Congress with still
this work pending. It's important to get this work done.
I reserve the balance of my time.
Mr. PALLONE. Madam Speaker, I yield 1 minute to the chairman of the
Energy and Commerce Committee, the gentleman from California (Mr.
Waxman).
Mr. WAXMAN. I rise in strong support, Madam Speaker, of H.R. 847, the
James Zadroga 9/11 Health and Compensation Act of 2010. I want to thank
the chairman of the Health Subcommittee, Frank Pallone, as well as my
colleagues from New York on the committee, Eliot Engel and Anthony
Weiner, for their relentless work on behalf of this legislation, as
well as Representatives Maloney and Nadler, and the whole New York City
delegation, who were tireless in their support of this bill.
This is an important piece of legislation that will attempt to
provide the services to first responders and community residents who
developed illness as a result of their exposure to the massive toxic
dust cloud that blanketed Lower Manhattan after the terrorist attack on
September 11, 2001. I strongly urge all Members to support this
legislation.
H.R. 847, was reported by the Energy and Commerce Committee with
bipartisan support on May 25 by a vote of 33-12.
The House passed H.R. 847 on September 29; the bill received
bipartisan support from 268 Members.
The version of before us this afternoon is one that has been amended
by the Senate in order to obtain bipartisan support in that Chamber.
Like the House-passed version, the Senate version is fully paid for
and will not increase the deficit. It fully complies with all pay-go
rules.
The World Trade Center Health Program currently provides services to
first responders and community residents who developed illnesses as a
result of their exposure to the massive toxic dust cloud that blanketed
lower Manhattan after the terrorist attacks on September 11, 2001.
The current program is not authorized. The House-passed bill
authorized the Health Program through FY 2019 at a federal funding
level of $3.2 billion. The federal government will pay 90 percent of
the cost, while New York City will pay 10 percent.
The Senate amendment reduces the authorization period to FY 2015 and
federal funding to $1.5 billion. New York City would still be required
to pay 10 percent of the costs.
The Senate amendment makes a number of other changes in the Health
Program.
It prohibits the Secretary of HHS from using NIOSH to administer
payments to Centers of Excellence and other participating providers.
It clarifies that Centers of Excellence delivering services to
responders and community residents will have to provide claims-level
data to the Health Program Administrator.
It clarifies the Centers of Excellence should be paid for the costs
of carrying out the program that are not otherwise reimbursable, such
as outreach, data collection, social services, and development of
treatment protocols.
It authorizes the Program Administrator to contract with the VA to
provide services to responders enrolled in the national program through
its facilities, but only if the VA chooses to do so.
Finally, the Senate amendment directs the GAO to conduct studies on
various aspects of the Health Program and to report to the Committees
of jurisdiction prior to July 1, 2011. That is the date on which
Secretary of HHS and the WTC Administrator are responsible for
implementing the Health Program. In the likely event that the GAO is
unable to complete all of its work by that date, the Program will
nonetheless begin furnishing services to responders and survivors.
The Administration supports this bill for the same reason that all of
us should: it is the right thing to do.
The first responders were there for us on 9-11. We should be there
for them today.
I urge my colleagues to pass this bill and send it on to the
President for signature.
Mr. BURGESS. Madam Speaker, I am pleased to yield 1 minute to the
gentleman from Oklahoma (Mr. Cole).
Mr. COLE. I thank the gentleman from Texas for yielding.
Madam Speaker, long before New York City's first responders rushed to
save their fellow Americans in the fire and the horror of 9/11, they
came to help the people of Oklahoma City deal with the death and
destruction stemming from the terrorist bombing of the Alfred P. Murrah
Federal Building on April 19, 1995. The people of Oklahoma have never
forgotten the help that they received in their most difficult days from
the first responders of New York City and their fellow first responders
from all across North America.
When 9/11 occurred, Oklahoma's first responders were proud to join
their fellow Americans and rush to the aid of a stricken New York City.
Now it's our turn in this body to help all of those
[[Page H8960]]
who answered the call of duty on 9/11. They risked themselves to save
others and to help one of America's great cities deal with and recover
from the devastation of the greatest terrorist attack in our history.
It's time, as our greatest President said in an earlier era and in
another context, ``to bind up the Nation's wounds, to care for him who
shall have borne the battle, and for his widow, and for his orphan.''
Madam Speaker, I urge the passage of H.R. 847, as amended.
Mr. PALLONE. Madam Speaker, I yield 1 minute to one of the sponsors
of the bill who has worked tirelessly on this, the gentleman from New
York (Mr. Nadler).
Mr. NADLER of New York. Madam Speaker, let me first thank everyone
who has worked on this bill and say the Senate passed this bill a
little while ago unanimously. The most conservative Senators, Senators
Enzi and Coburn, supported it, and I hope we can do the same.
Nine years ago, Madam Speaker, the heroes of 9/11 ran into the
buildings, they rushed into the burning buildings, and they worked in a
toxic environment for weeks and months. They have suffered for that.
They have suffered for their service to this country by getting sick,
by dying, by being sick. It is now up to us to see that the United
States honors its heroes, that the United States does not turn its back
on those who served us.
When we pass this bill, we will answer the question of whether the
United States honors its heroes, and whether the United States honors
itself. Let us pass this bill, let us redeem the honor of the United
States after all these years, let us show the world that the United
States looks after its own. That's what this bill is. I urge everyone
to support it.
Mr. BURGESS. Madam Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Brady), a member of the Ways and Means Committee.
Mr. BRADY of Texas. Madam Speaker, I too support the goal of ensuring
that the brave men and women that acted as first responders at the
World Trade Center attack are fairly treated and compensated. But I
rise today to oppose the troubling provisions the majority has attached
to pay for this bill.
This measure would impose a 2 percent tax on goods and services that
are produced or provided in certain foreign countries from firms that
are based in foreign countries that are not parties to certain treaties
or international agreements. It sounds complicated. But some analysis
suggests that a significant majority of this tax, at least two-thirds,
if not more, would be raised by taxing contracts that support American
troops stationed in the Afghan and Iraqi theaters. Even more
incredible, this tax could apply to American companies that are
providing goods and services to our troops through local subsidiaries.
Levying additional taxes on companies that support American troops is
both illogical and dangerous.
In addition, there is no reason that other countries wouldn't copy
this tax and impose it on our U.S. companies that are competing to sell
goods and services overseas. This would hurt our U.S. economic recovery
efforts and efforts to boost U.S. sales abroad and create American jobs
here at home. Moreover, I have real concerns that this excise tax could
be subject to legal challenge at the World Trade Organization and may
be inconsistent with our G-20 commitments to avoid imposing new
protectionist measures.
Madam Speaker, I urge a ``no'' vote because of these provisions.
Strangely, the proposed procurement tax doesn't include any of the
exceptions included in our standard Buy America legislation, such as
non-availability, unreasonable cost and inconsistency with the public
interest. As a result, the bill would mandate a tax on the procurement
of goods from a foreign producer even when U.S. goods aren't available.
In addition to this new tax, the bill would extend a tax on companies
that have more than half their employees on certain specialized visas
to work here in the United States. This tax raises independent concerns
under our international obligations.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. BURGESS. I yield the gentleman an additional 30 seconds.
Mr. BRADY of Texas. Finally, I would like to have printed in the
Record a letter from 10 key business associations, including the
Emergency Committee for American Trade and the U.S. Chamber of
Commerce, that also oppose the use of these pay-for provisions.
December 21, 2010.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Hon. John Boehner,
Republican Leader, House of Representatives,
Washington, DC.
Hon. Harry Reid,
Majority Leader, U.S. Senate,
Washington, DC.
Hon. Mitch McConnell,
Republican Leader, U.S. Senate,
Washington, DC.
Dear Speaker Pelosi and Leaders Reid, Boehner, and
McConnell: We are writing to urge you to remove from the
proposed amended version of H.R. 847 the Title III revenue
raisers related to international government procurement.
First, its purported revenue raising benefits are highly
questionable. Second, there is a high risk that it will
undermine the international competitiveness of American
companies and American workers.
Title III would impose an excise tax on companies that are
from foreign countries which are not members of the World
Trade Organization (WTO) Government Procurement Agreement
(GPA) or similar procurement arrangements ostensibly for the
purpose of helping finance health benefits for the valiant 9/
11 first responders. In reality, the U.S. federal government
is already prohibited from procuring from such countries,
except under very limited conditions--when the good or
service is not available in the United States or would cost
an unreasonable amount or if the procurement is required for
the national interest. Moreover, the amount of such
procurement is generally regarded as relatively small
compared to U.S. sales into the procurement markets of these
countries.
The procurement portions of this legislation would
undermine U.S. efforts to succeed in the international
economy by both inviting non-GPA countries to take reciprocal
action against U.S. companies seeking to participate in their
procurement markets and by opening the United States to
retaliation for violating its WTO obligations. While U.S.
companies certainly face significant and discriminatory
procurement barriers in China, India, Brazil and other
countries that are not part of the WTO procurement agreement,
U.S. companies are still selling more into those government
procurement markets than the United States is purchasing from
those countries. As a result, there would more than likely be
net loss for U.S. exports, U.S. companies and U.S. jobs if
this provision became a model for foreign governments.
Furthermore, the imposition of this discriminatory tax on
foreign companies may also violate U.S. international
commitments if implemented. If found to be contrary to U.S.
WTO commitments, other countries could end up being
authorized to retaliate directly against U.S. exports,
further undermining U.S. opportunities overseas.
For all of these reasons, we strongly urge you to remove
the Title III procurement provisions from this legislation.
Respectfully,
American Association of Exporters and Importers (AAEI);
Association of Equipment Manufacturers (AEM);
Business Roundtable;
Emergency Committee for American Trade (ECAT);
National Foreign Trade Council (NFTC);
National Retail Federation (NRF);
Organization for International Investment (OFII);
TechAmerica;
United States Council for International Business (USCIB);
U.S. Chamber of Commerce;
U.S.-China Business Council.
Mr. PALLONE. Madam Speaker, I yield 1 minute to the Speaker of the
House, who has done so much to make this bill possible.
Ms. PELOSI. Madam Speaker, I thank the gentleman for yielding. I rise
to briefly congratulate and thank the Members of the New York
delegation and others who helped bring this legislation to the floor in
a strong bipartisan way: Congresswoman Maloney, Congressman Nadler,
Congressman King. Thank you. We thank you for giving us the opportunity
to say ``thank you'' in a real way to our first responders, to our
firefighters, to those who rushed in without question to rescue their
fellow Americans, and people from all over the country as a matter of
fact.
There is an exhilaration, Madam Speaker, that you see in the Chamber,
because right now we know that any discussion we have ever had about 9/
11 has been a discussion where we have entered holy and sacred ground,
where people lost their lives. Fewer did because others were willing to
risk theirs. For over 9 years we have been
[[Page H8961]]
trying to redress the grievance that we have of people not having the
health benefits and the recognition of their service, their sacrifice,
and their courage.
Today Mr. King, Congresswoman Maloney, Congressman Nadler--I should
say Congressman King, Chairman King to be--and the leadership of this
House and of the United States Senate, and I thank Senator Gillibrand
and Senator Schumer as well as Senator Reid and the Republican
leadership in the Senate for affording us this opportunity to extend
our patriotic appreciation to those whose love of our country, whose
care and commitment to their fellow person, who unquestionably made
sacrifices, and now, almost 9\1/2\ years later, more than 9 years later
we finally are doing the right thing for them.
{time} 1610
Every day our firefighters, our police officers, our first responders
leave their homes, willing to risk their lives. Little did they know on
that day many of them would not return home. How can we ever repay
their sacrifice and their courage?
So, today we do so, certainly not enough, but as a token of our
appreciation for what they have done to strengthen our country.
Again, I thank all of those who made this important legislation
possible.
Mr. BURGESS. May I inquire as to how much time remains?
The SPEAKER pro tempore. The gentleman from Texas has 7\1/2\ minutes
remaining, and the gentleman from New Jersey has 10\1/2\ minutes
remaining.
Mr. BURGESS. I yield myself 30 seconds.
Madam Speaker, Congressman Brady articulated very well some of the
concerns he has with the pay-for that is in this bill, raising new
revenues through tariffs, and the possibility of retaliatory efforts by
other countries.
I would just point out, in section 4002 of the recently passed health
care law last March, there is a section that calls for a Public Health
and Wellness Trust Fund. The Secretary of Health and Human Services has
$15 billion in a slush fund in ObamaCare. This money could have been
easily used to pay for this legislation. It could have been done last
April, and we wouldn't be here at the last minute trying to scrounge
for capital to pay these funds.
Mr. PALLONE. Madam Speaker, I yield 1 minute to the gentlewoman from
New York (Mrs. Maloney), who is the prime sponsor of the legislation
and has worked so hard on this bill.
(Mrs. MALONEY asked and was given permission to revise and extend her
remarks.)
Mrs. MALONEY. I thank all of my colleagues, especially the New York
delegation and the Speaker and Leader Hoyer.
Today, Congress repays a long overdue debt and answers the emergency
calls of our ailing 9/11 first responders and survivors. This bill will
save lives. It has taken too long, but help finally is here for the
thousands of Americans who are suffering because of 9/11.
Our bill will give support and hope to more than 36,000 Americans who
are ailing because of the attacks on our Nation. It also says to future
generations that if you are harmed in the service of our country, you
will be taken care of.
I couldn't be more proud of everyone who fought like hell to pass
this bill, our Senators Gillibrand and Schumer, my good friends and
coauthors Nadler and King, the 9/11 responders and survivors who are
here with us, and the thousands of their brothers and sisters who could
not be. John Feal, you have been a warrior for this bill. Thank you.
Just after the attacks, this body came together. With this bill, we
put in law that we will never forget and do whatever it takes.
Madam Speaker, today, I proudly rise to support the James Zadroga 9/
11 Health and Compensation Act. Passing this bill and getting it to the
President's desk will truly be a Christmas miracle.
When Jerry Nadler and I first introduced a 9/11 bill, we never would
have thought it could take 7 years or that it could be the last
legislative item out the door. It should never have taken so long.
A TV commentator recently made a good point when he said that Pearl
Harbor was not just a Hawaii issue and neither should caring for the
victims of 9/11 be a New York issue. The Twin Towers were attacked as a
symbol of our Nation and the sick and injured are not just from New
York. After the attacks, at least 10,000 brave men and women came from
all 50 states and 428 of 435 Congressional districts.
I thank my colleagues from across the country for staying to complete
the last remaining gap in America's response to 9/11. Our bill will
give support and hope to the more than 36,000 Americans who are ailing
because of the attacks on our Nation, and it also says to future
generations that if you are harmed in the service of America, you will
be taken care of.
I especially thank my good friends and co-authors Jerry Nadler and
Peter King, the entire New York Delegation, and Speaker Pelosi and
Majority Leader Hoyer, who all helped pass this bill in September and
are working on it today. I thank Senators Gillibrand and Schumer for
tireless efforts to get this bill done.
This long-overdue legislation will provide health care and financial
compensation to the responders and survivors who are sick from exposure
to toxins at Ground Zero. The cost of the bill has been cut almost in
half to $4.3 billion from $7.4 billion. The Victim Compensation Fund
will be funded for 5 years at $2.8 billion and the health programs will
be fully funded for 5 years at $1.5 billion. I thank Members of the
other body for coming to this bipartisan compromise.
The offset has been entirely replaced with two other offsets and in
addition to fully funding this bill, the procurement payfor will put an
estimated $450 million in extra revenue toward the deficit.
We are reminded this holiday season of the importance of giving. But
today I ask my colleagues to remember all that the heroes of 9/11 have
already given. These individuals rushed to the site of immeasurable
danger and first gave their time, and later are giving up their health,
and in some cases their lives.
Nine long years have passed since the attacks. It was never the
intention of the bill's authors to make this a partisan issue and I
regret that it has become wrapped in party politics.
I hope that my colleagues on both sides of the aisle can come
together, just as we stood together on the steps of the Capitol the
evening of September 11, 2001, to show our gratitude to the responders
and survivors who have given so much to our country.
There could be no better gift to America this holiday season than
helping save the lives of those who came to the aid of our Nation in a
time of war.
Mr. BURGESS. I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield to the gentleman from New York (Mr.
Engel) for the purpose of a unanimous consent request.
(Mr. ENGEL asked and was given permission to revise and extend his
remarks.)
Mr. ENGEL. I rise in strong support of this bill. This is a fitting
way to end the 111th Congress. This is the proudest moment I have had
in Congress in 22 years. I believe that our hard work paid off, all of
us together on the Health Subcommittee of the Energy and Commerce
Committee.
I urge my colleagues to support the bill.
Madam Speaker, I rise in strong support of the James Zadroga 9/11
Health Compensation Act. As a member of the Energy and Commerce
Committee I was proud to help shepherd this bill through the committee
process and am proud to speak in support of this legislation yet again
on the House floor this year.
Two days ago, I joined New York City Mayor, Michael Bloomberg, and
other members of the New York delegation, and first responders to urge
swift passage of this bill in the Senate.
Madam speaker, it is shameful that we are approaching the 10-year
anniversary of 9-11 next year and this bill still has not reached the
President for his signature.
Now I am here again today to urge my colleagues to vote in favor of
the package that we are considering today, which rectifies some of the
concerns that my colleagues on the other side of the aisle have
expressed.
This is not a partisan issue, and the package that we consider today
reflects that.
People from all over the country joined to help after the attack
without concern for their health or wellbeing. Now it is their
country's time to step-up in their time of need. Victims of 9-11
continue to suffer from crippling physical ailments. They are dying and
have been ignored for almost a decade. The House noticed, once already
this year. I am hopeful that we can send a bill to the Senate that will
pass.
I look forward to casting my vote in support of the James Zadroga 9/
11 Health Compensation Act and sending it back to the Senate.
I am proud of the role that we played on the Health Subcommittee and
the Energy and Commerce with our hearings and markups in moving this
bill through. This is not a New
[[Page H8962]]
York issue; this is an American Issue. First responders came from all
parts of the country. The Federal Government falsely told everyone it
was safe to return and it wasn't.
Today we say thank you to our first responders--it is a fitting way
to end the 111th Congress.
Mr. BURGESS. I continue to reserve the balance of my time.
Mr. PALLONE. I yield to the gentleman from New York (Mr. Crowley) for
the purpose of a unanimous consent request.
(Mr. CROWLEY asked and was given permission to revise and extend his
remarks.)
Mr. CROWLEY. Madam Speaker, on September 11, my cousin, John Moran,
was at Tower Two of the World Trade Center. He said, ``Let me off here.
I want to try and make a difference.''
We have made a difference today in the lives of the people we're
saving.
Today, I rise as the cousin of Battalion Chief John Moran.
My cousin, along with almost 3,000 others, died on September 11,
2001.
His last known words were to the driver of the New York City Fire
Department vehicle. As he was dropped off at World Trade Center Tower
2, John said, `Let me off here. I am going to try to make a
difference.'
Nothing can replace the loss of my cousin or the thousands of others
who were killed that day. Nothing can replace the loss of those who
have perished since.
But, today we can make proud his memory and the memory of all those
who served on September 11th and the days following.
Enactment of the James Zadroga 9-11 Health and Compensation Act
fulfills a commitment to those who served our Nation honorably,
tirelessly and without pause.
Today, I am proud to stand before my colleagues as the cousin of
Battalion Chief John Moran, and I am proud, in the words of John, to
`make a difference' for the many heroes who have suffered long enough
because of their service to our great country.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. A Member asking to insert remarks may
include a simple declaration of sentiment toward the question under
debate but should not embellish the request with extended oratory.
Mr. BURGESS. I continue to reserve the balance of my time.
Mr. PALLONE. I yield to the gentlewoman from New York (Ms. Slaughter)
for the purpose of a unanimous consent request.
(Ms. SLAUGHTER asked and was given permission to revise and extend
her remarks.)
Ms. SLAUGHTER. Madam Speaker, I rise in strong support of this bill.
A lot of us are going to sleep a lot better now knowing that this bill
has been passed.
Mr. BURGESS. I continue to reserve the balance of my time.
Mr. PALLONE. Madam Speaker, I yield to the gentleman from New York
(Mr. Rangel) for the purpose of a unanimous consent request.
(Mr. RANGEL asked and was given permission to revise and extend his
remarks.)
Mr. RANGEL. All of us from the City of New York and around the Nation
are so proud to be a Member of this body.
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore. The Chair will repeat that a Member asking
to insert remarks may include a simple declaration of sentiment toward
the question under debate but should not embellish the request with
extended oratory.
Mr. BURGESS. I continue to reserve the balance of my time.
Mr. PALLONE. I yield to the gentleman from New York (Mr. McMahon) for
the purpose of a unanimous consent request.
(Mr. McMAHON asked and was given permission to revise and extend his
remarks.)
Mr. McMAHON. Madam Speaker, I rise in support of this bill on behalf
of the people of Staten Island and Brooklyn, New York, all of them, and
in particular Trish and Marty Fullam.
The SPEAKER pro tempore. The gentleman from New Jersey will be
charged with the time consumed.
Mr. BURGESS. I continue to reserve the balance of my time.
Mr. PALLONE. I yield to the gentleman from New York (Mr. Ackerman)
for the purpose of a unanimous consent request.
(Mr. ACKERMAN asked and was given permission to revise and extend his
remarks.)
Mr. BURGESS. I continue to reserve the balance of my time.
Mr. PALLONE. Madam Speaker, I yield to the gentlewoman from
California (Ms. Eshoo) for the purpose of a unanimous consent request.
(Ms. ESHOO asked and was given permission to revise and extend her
remarks.)
Ms. ESHOO. Madam Speaker, I urge all of my colleagues to vote for
this. How proud I am to have voted as a Californian for the Americans
that went and took care and did their job.
The SPEAKER pro tempore. The gentleman will be charged with the time.
Mr. BURGESS. I continue to reserve the balance of my time.
Mr. PALLONE. I yield to the gentleman from Georgia (Mr. Scott) for
the purpose of a unanimous consent request.
(Mr. SCOTT of Georgia asked and was given permission to revise and
extend his remarks.)
Mr. SCOTT of Georgia. Madam Speaker, I rise in support of this bill
as a big thank you from a very, very grateful Nation.
The SPEAKER pro tempore. The gentleman from New Jersey will be
charged.
Mr. BURGESS. I continue to reserve the balance of my time.
Mr. PALLONE. I yield to the gentlewoman from Texas (Ms. Jackson Lee)
for the purpose of a unanimous consent request.
(Ms. JACKSON LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON LEE of Texas. I thank the distinguished gentleman, and I
rise to support the Senate amendment to H.R. 847, to be able to thank
Carolyn Maloney for the enormous work and to also cite those who I saw
dying that they might live.
Madam Speaker I rise today in strong support of H.R. 847, the ``James
Zadroga 9/11 Health and Compensation Act.'' This bill has been a long
time coming, and I am glad that it is finally here for us to provide
medical monitoring and treatment benefits to eligible emergency
responders and recovery and cleanup workers who responded to the
September 11, 2001, terrorist attacks. This legislation also allows for
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 the 9/11
terrorist attacks.
I have met firsthand many of these first responders and workers, and
I know the patriotic sacrifices they have made for their fellow
Americans. These brave, selfless individuals who put aside their own
needs and fears to come to the aid of their fellow Americans put their
lives at risk. They ventured into the wreckage and dust of the World
Trade Center, not worrying about their own well being, but rather,
hoping that they could save the lives of strangers. As a result of
their fearless acts, many of these emergency workers and first
responders were exposed to airborne toxins and other hazards. Providing
medical services, including clinical examinations, long-term health
monitoring, mental health care and necessary prescription drug
coverage, is the least we can do to repay them for their efforts.
The James Zadroga 9/11 Health and Compensation Act will provide both
initial and follow-up medical services for World Trade Center
responders and workers whose physical and mental health were impacted
by the 9/11 attacks. H.R. 847 will also establish an outreach program
to potentially eligible individuals.
September 11, 2001, is a day that is indelibly etched in the psyche
of every American and most of the world. Much like the unprovoked
attack on Pearl Harbor on December 7, 1941, September 11 is a day that
will live in infamy. And as much as Pearl Harbor changed the course of
world history by precipitating the global struggle between totalitarian
fascism and representative democracy, the transformative impact of
September 11 in the course of American and human history is indelible.
September 11 was not only the beginning of the Global War on Terror,
but moreover, it was the day of innocence lost for a new generation of
Americans.
Just like my fellow Americans, I remember September 11 as vividly as
if it was yesterday. In my mind's eye, I can still remember being
mesmerized by the television as the two airliners crashed into the Twin
Towers of the World Trade Center, and I remember the sense of terror we
experienced when we realized that this was no accident, that we had
been attacked, and that the world as we know it had changed forever.
The moment in which the Twin Towers collapsed and the nearly 3,000
innocent Americans died haunts me until this day.
At this moment, I decided that the protection of our homeland would
be at the forefront of my legislative agenda. I knew that all of our
[[Page H8963]]
collective efforts as Americans would all be in vain if we did not
achieve our most important priority: the security of our nation.
Accordingly, I became then and continue to this day to be an active and
engaged Member of the Committee on Homeland Security who considers our
national security paramount.
Our nation's collective response to the tragedy of September 11
exemplified what has been true of the American people since the
inception of our Republic--in times of crisis, we come together and
always persevere. Despite the depths of our anguish on the preceding
day, on September 12, the American people demonstrated their compassion
and solidarity for one another as we began the process of response,
recovery, and rebuilding. We transcended our differences and came
together to honor the sacrifices and losses sustained by the countless
victims of September 11. Let us honor those who served and sacrificed
by passing H.R. 847.
Madam Speaker, as I stand here today, my heart still grieves for
those who perished on flights United Airlines 93, American Airlines 77,
American Airlines 11, and United Airlines 175. When the sun rose on the
morning of September 11, none of us knew that it would end in an
inferno in the magnificent World Trade Center Towers in New York City,
the Pentagon in Washington, DC, and in the grassy fields of
Shanksville, Pennsylvania. How I wish we could have hugged and kissed
and held each of the victims one last time.
I stand here remembering those who still suffer, whose hearts still
ache over the loss of so many innocent and interrupted lives. My prayer
is that for those who lost a father, a mother, a husband, a wife, a
child, or a friend will in the days and years ahead take comfort in the
certain knowledge that they have gone on to claim the greatest prize, a
place in the Lord's loving arms. And down here on the ground, their
memory will never die so long as any of the many of us who loved them
lives.
Again, I would like to reiterate my strong support for H.R. 847, the
James Zadroga 9/11 Health and Compensation Act, for it is important
that we take care of those who take care of us in our time of need.
The SPEAKER pro tempore. The gentleman from New Jersey will be
charged.
Mr. BURGESS. Madam Speaker, I yield 3 minutes to the gentleman from
New York (Mr. King).
Mr. KING of New York. I thank the gentleman for yielding. I will keep
my remarks very brief.
I thank the Congress of the United States for what it is going to do
today. Especially I want to thank Carolyn Maloney and Jerry Nadler for
the tremendous work they have done on this bill over the years from the
very start. I want to thank Congressman Vito Fossella, who was also an
original cosponsor of this. I want to thank the Speaker of the House,
Ms. Pelosi, for doing so much to bring this bill forward, and also the
Republican leader, who this summer managed to have this bill come up in
a way that was not going to be disruptive at all.
{time} 1620
I want to thank all the members of the New York delegation. Most
importantly, I want to thank the firefighters, the police officers, the
construction workers, and all of those who came forward to answer the
Nation's call on September 11. This is a great victory for the American
people. It's a great victory for the Congress of the United States. And
it sends a signal that we stand by those who come to our Nation's
defense in time of trouble and, indeed, in time of war, because this
was the first battle of the great war of the 21st century.
Mr. PALLONE. I have no further speakers, and I reserve the balance of
my time.
Mr. BURGESS. Madam Speaker, I yield myself the balance of my time.
This is an important bill. It's something that should have been done
a long time ago. I credit a former New York fireman, Richard Lasky, who
is now my fire chief in Lewisville, Texas, for helping me understand
the importance of this bill as it has gone forward. It has been
difficult. In my opinion, there were better ways to do this bill, but
it's before us today.
Mr. GENE GREEN of Texas. Madam Speaker, we need to ensure that the
first responders and individuals who were in the vicinity of the World
Trade Center have access to the specialized medical treatment they need
and that means ensuring these programs are properly funded.
H.R. 847 accomplishes that goal and I am proud to be a cosponser of
this bill.
Mr. JOHNSON of Illinois. I find it appalling that a bill of this
magnitude was amended in the Senate just hours before the House was
asked to vote on it, with no Member having had the chance to review and
deliberate on what we were voting on and enacting into law. When
earlier versions of this bill were brought to the floor I had some
major reservations and with no way to know if all of these were
addressed I would not feel comfortable voting yes or no on this bill.
Mr. HOLT. Madam Speaker, I rise in support of the Senate amendment to
the Zadroga 9/11 Health and Compensation Act of 2010. As a cosponsor of
the House bill, I urge passage of this important bill.
Today, we have the opportunity to honor the rescue and recovery
workers who served our nation after the devastating attacks at the
World Trade Center on September 11, 2001 and, more important than empty
honor, to provide for their care. My district suffered casualities that
day and nine years later, the memory of that terrible day is still
fresh in our minds.
Along with the victims of 9/11, there were thousands of rescue and
recovery workers who came to the aid of our nation that day. These
brave women and men rushed to Ground Zero to help the fallen and to
participate in the clean-up effort without thinking about their health
or safety. These workers were exposed to environmental hazards and have
developed significant respiratory illnesses, chronic infections, and
other medical conditions. Further, many first responders are only now
being diagnosed with illnesses that are related to their exposure at
Ground Zero.
This bill would create the World Trade Center Health Program (WTCHP)
that would provide medical monitoring and treatment benefits to first
responders and workers who were directly affected by the attacks.
Additionally, the program would establish education and outreach
programs and conduct research on physical and mental health conditions
related to the 9/11 attacks. The WTCHP program would serve more than
75,000 survivors, recovery workers, and members of the affected
communities.
Additionally, this bill provides long-term health care and
compensation for thousands of responders and survivors. By passing this
bill, we will be paying tribute to the sacrifice and courage of these
women and men and we will be paying a debt. This bill will be paid for
with a partnership with New York City and by reducing government
procurement payments and the extension of fees for outsourcing
companies.
Unfortunately, this bill is a weaker version of the bill that I
cosponsored and that the House passed in September. The bill caps
federal funding for health programs over five years and allows first
responders only five years to file claims. Unfortunately, some put
politics over these brave first responders. Although this bill is a
reduced version of the original bill, we must honor the rescue and
recovery workers by providing them with the much needed health care. We
cannot let our first responders down.
Mr. RYAN of Wisconsin. Madam Speaker, I was absent for legislative
business and missed rollcall vote 663 on December 21, 2010, and
rollcall vote 664 on December 22, 2010. Had I been present, I would
have voted ``yes'' on H.R. 6547, the Protecting Students from Sexual
and Violent Predators Act, and ``no'' on rollcall vote 664 (H.R. 847).
The vote I wish to discuss is the bill H.R. 847, the James Zadroga 9/
11 Health and Compensation Act. Without a doubt, Republicans and
Democrats can agree that both the victims of the attacks on September
11, 2001, and the first responders who bravely served following the
attacks deserve to be fairly treated and compensated. However, this
bill would create a new health care entitlement, the World Trade Center
Health Program, while also extending eligibility for compensation under
the September 11th Victim Compensation Fund of 2001. As a result, had I
been present, I would have voted against passage of the bill.
Since the terrorist attacks occurred nearly nine years ago, I have
supported legislation to ensure that these individuals are cared for
and receive access to the services they deserve. However, rather than
working with Republicans to craft a bill which truly addressed the
shortcomings in care provided to those directly impacted by the
September 11th terrorist attacks, the Majority instead rushed this bill
to the floor in the waning hours of the 111th Congress, refusing to
allow an open debate or consider amendments.
The result is a deeply flawed bill. H.R. 847 creates yet another
mandatory spending program--increasing spending by $4.2 billion dollars
over 10 years--and paying for it by an excise tax on foreign
manufacturers, an extension of Travel Promotion Act fees, and the
extension of HI-B visa fees.
There is no doubt that we owe a debt of gratitude to those who came
to the rescue of countless individuals following the attacks on
September 11, 2001, but these provisions distort that noble goal. At a
time when our budget
[[Page H8964]]
deficit is $1.3 trillion and our national debt stands at $13.8
trillion, we must accurately account for those programs that take
priority. I remain hopeful that as the 112th Congress convenes, my
colleagues and I can work together to reform some of my concerns with
this proposal and truly provide the services these first responders
deserve.
Mrs. McCARTHY of New York. Madam Speaker, with the ninth anniversary
of September 11th having passed, it is important to remember not only
those who were lost that tragic day, but also the sense of purpose and
togetherness that shined in the aftermath of, no doubt, one of the most
difficult days in our nation's history. Heroic first responders deserve
utmost recognition for selflessly digging through the ruins of Lower
Manhattan in hope of finding survivors. The James Zadroga 9/11 Health
and Compensation Act, a bill that I am proud to be an original
cosponsor of, provides just that by extending and improving protections
and services to individuals directly impacted by the terrorist attacks
on September 11, 2001.
Since our inception, we, as a nation, have grown stronger by
protecting and honoring the sacrifices of our citizenry. This
legislation is the embodiment of that mantra. As a New Yorker, not a
day passes without thought of the horrific attacks of September 11th,
this legislation will no doubt go a long way to provide first-
responders with peace of mind.
During House floor consideration and passage of the James Zadroga 9/
11 Health and Compensation Act on Wednesday, I was unavoidably absent
from Washington due to a family health emergency. I have had the
privilege of working closely with my New York colleagues in both the
House and Senate on this legislation, and I am extraordinarily happy
that the Congress was able to pass this bill before the adjournment of
the 111th Congress.
Mr. VAN HOLLEN. Madam Speaker, I rise in support of legislation that
would help thousands of first responders who were exposed to hazardous
health conditions in the aftermath of the September 11th attacks.
Many first responders bravely answered the call of duty and rushed to
the scene of the attacks. While they were helping out the victims, the
responders unknowingly were exposed to long-term physical and mental
health problems due to the residual dust, toxins, and chemicals from
the attacks. Congress and the federal government have an obligation and
a responsibility to care and help those who responded to the September
11th attacks.
Madam Speaker, let us not forget the sacrifice and service of those
brave individuals who responded to one of the worst attacks in American
history. I am pleased that my colleagues in the Senate were able to
come to a bipartisan agreement on this bill. I urge my House colleagues
to support this legislation so that the thousands of 9/11 responders
can get the help they need.
Mr. RANGEL. Madam Speaker, I rise today, nine years after the tragic
events of September 11, to recognize the passage of a bill that will
allow the first responders who rushed to the scene that day to now be
able to get the health care resources they need.
Today, both the U.S. House of Representatives and the Senate approved
an amended version, the James Zadroga 9/11 Health and Compensation Act
that would provide medical treatment for the ailing first responders
and recovery workers who were exposed to toxic dust following the
collapse of the Twin Towers in New York City on September 11, 2001.
This victory is for what is right; a long overdue thank you to those
who rushed in to help after what was one of our nation's biggest
tragedies. After nine long years, these unsung heroes and their
families no longer have to worry about how they are going to get the
care and resources they so desperately need.
The Zadraga bill originally passed the House in September, but had
been held up in the Senate due to various partisan concerns. It now
goes to President Barack Obama, who is expected to sign the bill into
law before the end of the holiday season.
This should have never been about the money, but about what we should
do to honor those who thought of their country first and not
themselves. They answered the call when their country needed them and
we are all a better nation for it.
Thanks to the hard work of so many people--from legislators, like our
Mayor Michael Bloomberg, the New York Congressional Delegation and
House Leadership, to the NYS AFL-CIO President Dennis Hughes, the 32nd
Fire Commissioner Salvatore Cassano and the countless union officials
and 911 families that traveled to Washington to lobby on the bill's
behalf--these patriotic Americans can spend the holiday seasons with
some peace of mind.
What the law would do: Under an agreement worked out by New York
Senators Charles Schumer and Kristen Gillibrand, the James Zadroga 9/11
Health and Compensation Act would: provide a total of $4.3 billion in
funding for the health and compensation titles of the bill; cap federal
funding for the health program over five years at $1.5 billion (New
York City will contribute 10% of the cost). Any funds not spent in the
first five years may be carried over and expended in the sixth year of
the program; reopen the Victim Compensation Fund (VCF) for five years
to file claims, with payments to be made over six years. Fund the VCF
at $2.8 billion for six years, with $.8 billion available for payments
in the first five years and $2.0 billion available for payment in year
six. Claims will be paid in 2 installments--one payment in the first
five years, and a second payment in the sixth year of the program; the
pay for the House-passed version of the bill has been replaced by a 2
percent fee on government procurement from foreign companies located in
non-GPA countries and a one-year extension of H-B 1 and L-1 Visa fees
for outsourcing companies. These are estimated by CBO to collect $4.59
billion over the 10-year scoring period for the bill.
Others changes made in the bill to address Republican concerns:
requiring that the Centers of Excellence report claims data to HHS so
that costs and utilization of services can be fully monitored;
specifying the non-treatment services furnished by Centers of
Excellence to be funded under the health program (e.g., outreach,
social services, data collection, and development of treatment
protocols); authorizing the World Trade Center Program Administrator to
designate the Veteran's Administration as a provider for WTC health
services; directing the Special Master to develop rules to implement
the VCF within 180 days of passage of the legislation.
Mr. ACKERMAN. Madam Speaker, I rise yet again in the strongest
possible support of the 9/11 Health and Compensation Act, H.R. 847.
Today, we must show the American people that their representatives
can put away their differences and work together to pass this bill.
Over the past few weeks, this clearly was not the case. Some Members of
Congress have played political games with this legislation, delaying
its passage for dubious reasons and causing the measure to be watered
down. The sick and injured don't care about offsets and they don't care
whether this is a $6 billion bill or a $7 billion bill. They just care
about getting the medical care they need, the medical care they rightly
deserve.
So Madam Speaker, we are here for the third and I hope final time on
the floor of the House to consider doing the decent thing: helping the
living victims of 9/11 who continue to suffer the terrible effects of
that day. The Federal Government has not stepped up enough to help the
responders, volunteers, workers and residents that went to Ground Zero
during and after the horrific 9/11 attack. This Congress has not acted
to help these victims on a permanent basis--we have the opportunity to
do that today. Tragically, some of the very people that we want to help
with this legislation have already died. Thousands of Americans who
responded need medical treatment now. Thousands more will need
treatment in the future.
So, Madam Speaker, I urge all my colleagues to support the 9/11
Health and Compensation Act so that all the victims of 9/11 will
receive the medical care and help they need and deserve. Let's pass
this bill.
Mr. DAVIS of Illinois. Madam Speaker, I rise today in full support of
H.R. 847, the James Zadroga 9/11 Health and Compensation Act. This bill
will provide the needed assistance to the brave men and women who have
become ill due to the dangerous toxins they inhaled while risking their
lives to help out the city of New York during that tragic time in
September of 2001. This is a bipartisan bill and should be supported by
all Members of Congress.
These heroes risked their lives to assist their fellow Americans and
their efforts will never go unnoticed. This bill will allow health
benefits to a wide range of first responders such as firefighters,
construction workers, residents, area workers and even school
children--all of whom have been affected by the toxins that filled the
air after the attack on the World Trade Center in 2001.
We all witnessed the terrible attacks on America, September 11, 2001
and we also witnessed the acts of bravery by our first responders. I
support the passage of the 9/11 Health and Compensation Act.
Mr. LANGEVIN. Madam Speaker, I rise in strong support of the James
Zadroga 9/11 Health and Compensation Act. Every American remembers the
day the Twin Towers fell and the unparalleled heroism of the first
responders who saved countless lives without any regard for their own.
They showed courage in the face of terror and strength in a path of
destruction. Too many of these brave men and women didn't make it out
of the wreckage in time. Those who did returned every day for months,
sifting through rubble, recovering victims and restoring order to
Ground Zero with little consideration for their own welfare or safety.
Tragically, many of these selfless workers are now suffering chronic,
disabling health conditions as a direct result of injuries or toxic
exposure sustained at the site. The bill before
[[Page H8965]]
us creates a program to provide medical services and health monitoring
for first responders and others who have medical conditions related to
the September 11 terrorist attacks. Madam Speaker, I strongly urge my
colleagues to support this measure and finally show these heroes the
same honor and respect they showed us, our families, our friends and
our country.
Mr. PASCRELL. Madam Speaker, I am proud to say that we are finally
doing the right thing to support our heroes from 9/11. The agreement we
have here today is much less than we originally hoped for--but more
than four and a half years after the death of NYPD Det. James Zadroga--
I am here to say that we need to pass the James Zadroga 9/11 Health and
Compensation Act right now because we are losing these brave souls as
we speak.
I'm sad to say its now been nine years since 9/11 and it has taken
this long to pass the James Zadroga 9/11 Health and Compensation Act--
nine years is too long to wait and watch as our first responders from
that day continue to suffer physically and emotionally--nine years is
late, BUT its not too late to do the right thing. We need to pass this
bill and we need to pass it now. Nine years ago we gave those brave
souls the `all clear' sign, but we now know that we were exposing those
men and women to a poisonous dust that would stay with them for the
rest of their lives.
I am proud to say that we found a way to pay for this bill so that we
can do the right thing for our 9/11 workers AND for our children who
will bear the debt of the decisions we make today.
Let me be clear, this isn't just a bill for New York and New Jersey--
this is a bill for all Americans. We know that people from all 50
states were in lower Manhattan on or after 9/11 and now are facing
serious health concerns--there are 435 Congressional Districts and 431
of them are represented by the names of constituents on the World Trade
Center Health Registry.
After 9/11 we all said we would be there for these brave first
responders--but today if we vote against this bill we are asking those
same brave individuals to come to Washington, year after year to fight
for their health benefits--do we expect them to come here ten years
from now? By then it may be too late for many of these men and women
who responded to their nation's call of duty.
I urge all my colleagues to support the James Zadroga 9/11 Health and
Compensation Act--once and for all let us stand up for these brave
Americans.
Mrs. LOWEY. Madam Speaker, today the House will consider the James
Zadroga 9/11 Health and Compensation Act.
More than 70,000 Americans from every state descended upon ground
zero to help recover and rebuild after 9/11. Some have died from
illnesses as a result and more than 17,000 who are ill lack the care
they need.
Just as we provide medical care for our troops, we must care for
those who heroically responded.
Passage of the James Zadroga 9/11 Health and Compensation Act is a
milestone for our nation, as we finally fulfill our obligation to those
who sacrificed so much for us. Our nation owes a debt of gratitude that
can never be fully repaid to the September 11 responders who died or
were sickened as a result of their brave and selfless actions.
Nearly all of us represent a responder, and almost nine years later,
have a duty to do what is right--vote for this bill today.
Mr. BURGESS. I yield back the balance of my time and urge support of
the bill.
Mr. PALLONE. Madam Speaker, I would urge passage of this bill and
send it to the President.
I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to the order of the House of today, the previous question is
ordered.
The question is on the motion by the gentleman from New Jersey (Mr.
Pallone).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. BURGESS. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 206,
nays 60, not voting 168, as follows:
[Roll No. 664]
YEAS--206
Ackerman
Aderholt
Adler (NJ)
Altmire
Andrews
Arcuri
Austria
Baldwin
Barrow
Bean
Berkley
Bilbray
Bishop (GA)
Bishop (NY)
Blunt
Boren
Boswell
Boucher
Brown, Corrine
Burgess
Butterfield
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Castle
Castor (FL)
Chaffetz
Chandler
Clarke
Cleaver
Clyburn
Cole
Connolly (VA)
Conyers
Costa
Courtney
Critz
Crowley
Cummings
Dahlkemper
Davis (CA)
DeGette
DeLauro
Dent
Dicks
Dingell
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Edwards (TX)
Ellison
Emerson
Engel
Eshoo
Etheridge
Farr
Fattah
Fortenberry
Foster
Frank (MA)
Frelinghuysen
Garrett (NJ)
Gerlach
Gonzalez
Gordon (TN)
Grayson
Green, Al
Grijalva
Hall (NY)
Halvorson
Hare
Hastings (FL)
Heinrich
Higgins
Himes
Hinchey
Hirono
Holden
Holt
Hoyer
Inslee
Israel
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Kanjorski
Kaptur
Kildee
Kind
King (NY)
Kissell
Klein (FL)
Kosmas
Kratovil
Kucinich
Lance
Langevin
Larsen (WA)
Larson (CT)
Lee (NY)
Levin
Lewis (GA)
LoBiondo
Loebsack
Lowey
Lujan
Lungren, Daniel E.
Lynch
Maffei
Maloney
Markey (MA)
Marshall
Matheson
Matsui
McCollum
McDermott
McGovern
McMahon
McNerney
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Nadler (NY)
Napolitano
Nye
Obey
Olver
Owens
Pallone
Pascrell
Payne
Pelosi
Perriello
Peters
Pingree (ME)
Platts
Polis (CO)
Price (NC)
Quigley
Rahall
Rangel
Reed
Reichert
Richardson
Rogers (AL)
Rooney
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Ryan (OH)
Sarbanes
Schakowsky
Schauer
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Sires
Skelton
Slaughter
Smith (NJ)
Snyder
Sutton
Teague
Thompson (CA)
Thompson (MS)
Thompson (PA)
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Van Hollen
Velazquez
Visclosky
Walz
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Wilson (OH)
Wolf
Woolsey
Yarmuth
NAYS--60
Akin
Alexander
Bachmann
Bachus
Bartlett
Bilirakis
Bishop (UT)
Boozman
Brady (TX)
Cantor
Cassidy
Coffman (CO)
Conaway
Diaz-Balart, M.
Ehlers
Fleming
Foxx
Franks (AZ)
Goodlatte
Graves (GA)
Guthrie
Hall (TX)
Hensarling
Herger
Hoekstra
Inglis
Jenkins
Jordan (OH)
King (IA)
Kingston
LaTourette
Latta
Lewis (CA)
Lummis
Manzullo
McClintock
McCotter
Mica
Miller (FL)
Myrick
Olson
Paulsen
Posey
Rehberg
Rogers (KY)
Royce
Scalise
Schmidt
Sessions
Shuster
Smith (NE)
Stutzman
Taylor
Terry
Tiahrt
Upton
Walden
Whitfield
Wilson (SC)
Wittman
NOT VOTING--168
Baca
Baird
Barrett (SC)
Barton (TX)
Becerra
Berman
Berry
Biggert
Blackburn
Blumenauer
Boccieri
Boehner
Bonner
Bono Mack
Boustany
Boyd
Brady (PA)
Braley (IA)
Bright
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cao
Carter
Childers
Chu
Clay
Coble
Cohen
Cooper
Costello
Crenshaw
Cuellar
Culberson
Davis (AL)
Davis (IL)
Davis (KY)
Davis (TN)
DeFazio
Delahunt
Deutch
Diaz-Balart, L.
Djou
Doggett
Duncan
Ellsworth
Fallin
Filner
Flake
Forbes
Fudge
Gallegly
Garamendi
Giffords
Gingrey (GA)
Gohmert
Granger
Graves (MO)
Green, Gene
Griffith
Gutierrez
Harman
Harper
Hastings (WA)
Heller
Herseth Sandlin
Hill
Hinojosa
Hodes
Honda
Hunter
Issa
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Kagen
Kennedy
Kilpatrick (MI)
Kilroy
Kirkpatrick (AZ)
Kline (MN)
Lamborn
Latham
Lee (CA)
Linder
Lipinski
Lofgren, Zoe
Lucas
Luetkemeyer
Mack
Marchant
Markey (CO)
McCarthy (CA)
McCarthy (NY)
McCaul
McHenry
McIntyre
McKeon
McMorris Rodgers
Melancon
Miller (MI)
Miller, Gary
Minnick
Mitchell
Moore (KS)
Moran (KS)
Neal (MA)
Neugebauer
Nunes
Oberstar
Ortiz
Pastor (AZ)
Paul
Pence
Perlmutter
Peterson
Petri
Pitts
Poe (TX)
Pomeroy
Price (GA)
Putnam
Radanovich
Reyes
Rodriguez
Roe (TN)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Rush
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Schock
Schrader
Sensenbrenner
Shadegg
Shimkus
Shuler
Simpson
Smith (TX)
Smith (WA)
Space
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Tanner
Thornberry
Tiberi
Wamp
Waters
Welch
Westmoreland
Wu
Young (AK)
Young (FL)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). The Chair will remind all
persons in the gallery that they are here as guests of the House and
that
[[Page H8966]]
any manifestation of approval or disapproval of proceedings is in
violation of the rules of the House.
{time} 1736
Mr. TERRY and BACHUS changed their vote from ``yea'' to ``nay.''
So the motion was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. BACA. Madam Speaker, I was absent on Wednesday, December 22,
2010. I had legislative business in the district. Had I been present, I
would have voted in support of the Motion to Concur in the Senate
Amendment to H.R. 847--James Zadroga 9/11 Health and Compensation Act.
Ms. CHU. Madam Speaker, I was absent on December 22, 2010. Had I been
present, I would have voted ``yes'' on H.R. 847--James Zadroga 9/11
Health and Compensation Act.
Mr. BRALEY of Iowa. Madam Speaker, I regret missing floor votes on
today, December 22, 2010 due to travel. If I was present, I would have
voted: ``yea'' on rollcall 664, motion to concur in the Senate
Amendment to H.R. 847--James Zadroga 9/11 Health and Compensation Act.
Ms. LEE of California. Madam Speaker, today I missed rollcall vote
664 on H.R. 847. Had I been present I would have voted ``aye.''
Ms. HERSETH SANDLIN. Madam Speaker, I regret that I was unable to
participate in one vote on the floor of the House of Representatives
today.
The vote was the Motion to Concur in the Senate Amendment to H.R.
847--James Zadroga 9/11 Health and Compensation Act. Had I been
present, I would have voted ``yea'' on that question.
Mr. GUTIERREZ. Madam Speaker, I was unavoidably absent for votes in
the House Chamber today. I would like the record to show that, had I
been present, I would have voted ``yea'' on rollcall vote 664.
Ms. LINDA T. SANCHEZ of California. Madam Speaker, unfortunately, I
was unable to be present in the Capitol for votes on today, December
22, 2010. However, had I been present, I would have voted as follows:
``yea'' on H.R. 847--the James Zadroga 9/11 Health and Compensation
Act.
Mr. FILNER. Madam Speaker, on rollcall 664, I was away from the
Capitol. Had I been present, I would have voted ``yea.''
Mrs. MILLER of Michigan. Madam Speaker, on rollcall No. 664, had I
been present, I would have voted ``yes.''
Mr. BECERRA. Madam Speaker, on Wednesday, December 22, 2010, I missed
rollcall No. 664. If present, I would have voted ``yea.''
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, on Wednesday,
December 22, 2010, I requested and received a leave of absence for the
rest of the week.
Below is how I would have voted on the following vote I missed during
this time period.
On rollcall 664, 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, I would have voted ``yes.''
Mr. GENE GREEN of Texas. Madam Speaker, I would have voted ``aye'' on
the Senate amendment to H.R. 847, the James Zadroga 9/11 Health and
Compensation Act.
Stated against:
Mrs. BIGGERT. Madam Speaker, on rollcall No. 664 I was absent. Had I
been present, I would have voted ``no.''
Mr. DAVIS of Kentucky. Madam Speaker, on Wednesday, December 22,
2010, I was absent for one vote. Had I been present I would have voted
on rollcall No. 664--``no''--Motion to concur in the Senate amendment
to H.R. 847, James Zadroga 9/11 Health and Compensation Act.
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