[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5730-S5732]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6206. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end, add the following:

 DIVISION E--9/11 RESPONDER AND SURVIVOR HEALTH FUNDING CORRECTION ACT

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``9/11 Responder and 
     Survivor Health Funding Correction Act''.

     SEC. 5002. FLEXIBILITY FOR CERTIFICATIONS UNDER THE WORLD 
                   TRADE CENTER HEALTH PROGRAM.

       (a) In General.--Section 3305(a) of the Public Health 
     Service Act (42 U.S.C. 300mm-4(a)) is amended--
       (1) in paragraph (1)(A), by inserting ``subject to 
     paragraph (6),'' before ``for''; and
       (2) by adding at the end the following:
       ``(6) Licensed health care provider flexibility.--
       ``(A) In general.--For purposes of an initial health 
     evaluation described in paragraph (1)(A) (including any such 
     evaluation provided under section 3321(b) or through the 
     nationwide network under section 3313), such evaluation may 
     be conducted by a physician or any other licensed health care 
     provider in a category of health care providers determined by 
     the WTC Program Administrator under subparagraph (B).

[[Page S5731]]

       ``(B) Categories of licensed health care providers.--Not 
     later than 180 days after the date of enactment of the 9/11 
     Responder and Survivor Health Funding Correction Act, the WTC 
     Program Administrator shall issue regulations for the 
     categories of licensed health care providers who, in addition 
     to licensed physicians, may conduct evaluations under 
     subparagraph (A) and make determinations under section 
     3312(b).''.
       (b) Flexibility for WTC Responders.--Section 3312(b) of 
     such Act (42 U.S.C. 300mm-22(b)) is amended--
       (1) in paragraph (1), by striking ``physician'' each place 
     it appears and inserting ``physician or other licensed health 
     care provider in a category determined by the WTC Program 
     Administrator under section 3305(a)(6)(B)'';
       (2) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking 
     ``physician'' and inserting ``physician or other licensed 
     health care provider in a category determined by the WTC 
     Program Administrator under section 3305(a)(6)(B)'';
       (ii) in clause (i), by striking ``physician'' and inserting 
     ``physician or other licensed health care provider''; and
       (iii) in clause (ii), by striking ``such physician's 
     determination'' and inserting ``the determination of such 
     physician or other licensed health care provider''; and
       (B) in subparagraph (B)--
       (i) in the matter preceding clause (i), by striking 
     ``physician determinations'' and inserting ``determinations 
     by physicians or other licensed health care providers in 
     categories determined by the WTC Program Administrator under 
     section 3305(a)(6)(B)''; and
       (ii) in clause (i), by striking ``physician panel'' and 
     inserting ``panel of physicians or other licensed health care 
     providers in categories determined by the WTC Program 
     Administrator under section 3305(a)(6)(B)''; and
       (3) in paragraph (5), by striking ``examining physician'' 
     and inserting ``examining physician or other licensed health 
     care provider in a category determined by the WTC Program 
     Administrator under section 3305(a)(6)(B)''.

     SEC. 5003. CRITERIA FOR CREDENTIALING HEALTH CARE PROVIDERS 
                   PARTICIPATING IN THE NATIONWIDE NETWORK.

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

     SEC. 5004. DEPARTMENT OF DEFENSE, ARMED FORCES, OR OTHER 
                   FEDERAL WORKER RESPONDERS TO THE SEPTEMBER 11 
                   ATTACKS AT THE PENTAGON AND SHANKSVILLE, 
                   PENNSYLVANIA.

       Title XXXIII of the Public Health Service Act (42 U.S.C. 
     300mm et seq.) is amended--
       (1) in section 3306 (42 U.S.C. 300mm-5)--
       (A) by redesignating paragraphs (5) through (11) and 
     paragraphs (12) through (17) as paragraphs (6) through (12) 
     and paragraphs (14) through (19), respectively;
       (B) by inserting after paragraph (4) the following:
       ``(5) Federal agency.--The term `Federal agency' means an 
     agency, office, or other establishment in the executive, 
     legislative, or judicial branch of the Federal Government.''; 
     and
       (C) by inserting after paragraph (12), as so redesignated, 
     the following:
       ``(13) Uniformed services.--The term `uniformed services' 
     has the meaning given the term in section 101(a) of title 10, 
     United States Code.''; and
       (2) in section 3311(a)(2)(C)(i) (42 U.S.C. 300mm-
     21(a)(2)(C)(i))--
       (A) in subclause (I), by inserting ``was an employee of the 
     Department of Defense or any other Federal agency, worked 
     during the period beginning on September 11, 2001, and ending 
     on September 18, 2001, for a contractor of the Department of 
     Defense or any other Federal agency, was a member of a 
     regular or reserve component of the uniformed services,'' 
     before ``was a member''; and
       (B) in subclause (II), by inserting ``was an employee of 
     the Department of Defense or any other Federal agency, worked 
     during the period beginning on September 11, 2001, and ending 
     on September 18, 2001, for a contractor of the Department of 
     Defense or any other Federal agency, was a member of a 
     regular or reserve component of the uniformed services,'' 
     before ``was a member''.

     SEC. 5005. CLARIFYING CALCULATION OF ENROLLMENT.

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

     SEC. 5006. RESEARCH COHORT FOR EMERGING HEALTH IMPACTS ON 
                   YOUTH.

       (a) In General.--Section 3341 of the Public Health Service 
     Act (42 U.S.C. 300mm-51) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``With respect'' through ``subtitle B, the'' and inserting 
     ``The''; and
       (B) by striking ``of such individuals'' each place it 
     appears;
       (2) in subsection (b)(1), by inserting ``and individuals 
     who were exposed to airborne toxins, or any other hazard or 
     adverse condition, resulting from the September 11, 2001, 
     terrorist attacks'' after ``treatment'';
       (3) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (4) by inserting after subsection (b) the following:
       ``(c) Research Cohort for Emerging Health Impacts on 
     Youth.--
       ``(1) In general.--The WTC Program Administrator, in 
     consultation with the Secretary of Education, shall establish 
     a research cohort of sufficient size to conduct future 
     research studies on the health and educational impacts of 
     exposure to airborne toxins, or any other hazard or adverse 
     condition, resulting from the September 11, 2001, terrorist 
     attacks, including on the population of individuals who were 
     21 years of age or younger at the time of exposure, including 
     such individuals who are screening-eligible WTC survivors or 
     certified-eligible WTC survivors.
       ``(2) Populations studied.--The research cohort under 
     paragraph (1) may include--
       ``(A) individuals who, on September 11, 2001, were 21 years 
     of age or younger and were--
       ``(i) outside the New York City disaster area; and
       ``(ii) in--

       ``(I) the area of Manhattan not further north than 14th 
     Street; or
       ``(II) Brooklyn; and

       ``(B) control populations, including populations of 
     individuals who, on September 11, 2001, were 21 years of age 
     or younger.''.
       (b) Spending Limitation Exemption.--Section 3351(c)(5) of 
     such Act (42 U.S.C. 300mm-61(c)(5)) is amended in the matter 
     preceding subparagraph (A), by inserting ``(other than for 
     the purpose of establishing and maintaining the research 
     cohort described in subsection (c) of such section)'' after 
     ``section 3341''.
       (c) Conforming Amendment.--Section 3301(f)(2)(E) of such 
     Act (42 U.S.C. 300mm(f)(2)(E)) is amended by striking 
     ``section 3341(a)'' and inserting ``subsection (a) or (c) of 
     section 3341''.

     SEC. 5007. FUNDING FOR THE WORLD TRADE CENTER HEALTH PROGRAM.

       (a) Federal Funding.--Section 3351 of the Public Health 
     Service Act (42 U.S.C. 300mm-61) is amended--
       (1) in subsection (a)(2)(A)--
       (A) in clause (x), by striking ``and'';
       (B) in clause (xi)--
       (i) by striking ``subsequent fiscal year through fiscal 
     year 2090'' and inserting ``of fiscal years 2026 through 
     2032''; and
       (ii) by striking ``plus'' and inserting ``and''; and
       (C) by adding at the end the following:
       ``(xii) for each of fiscal years 2033 through 2090--

       ``(I) the amount determined under this subparagraph for the 
     previous fiscal year (plus, as applicable, the amount 
     expended from the Supplemental Fund under section 3352 in the 
     previous fiscal year and the amount expended from the Fund in 
     the previous fiscal year that was deposited in any year prior 
     to the previous fiscal year) multiplied by 1.05; multiplied 
     by
       ``(II) the ratio of--

       ``(aa) the total number of individuals enrolled in the WTC 
     program on July 1 of such previous fiscal year; to
       ``(bb) the total number of individuals so enrolled on July 
     1 of the fiscal year prior to such previous fiscal year; 
     plus''; and
       (2) in subsection (c)--
       (A) by amending paragraph (3) to read as follows:
       ``(3) Education and outreach.--For the purpose of carrying 
     out section 3303--
       ``(A) for each of fiscal years 2016 through 2023, $750,000; 
     and
       ``(B) for fiscal year 2024 and each subsequent fiscal year, 
     $2,000,000.'';
       (B) in paragraph (4)--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) for fiscal year 2023, the amount determined for such 
     fiscal year under this paragraph as in effect on the day 
     before the date of enactment of the 9/11 Responder and 
     Survivor Health Funding Correction Act''; and
       (ii) in subparagraph (B), by striking ``2017, $15,000,000'' 
     and inserting ``2024, $20,000,000''; and
       (C) in paragraph (5)--
       (i) by amending subparagraph (A) to read as follows:
       ``(A) for fiscal year 2023, the amount determined for such 
     fiscal year under this paragraph as in effect on the day 
     before the date of enactment of the 9/11 Responder and 
     Survivor Health Funding Correction Act;'';
       (ii) by redesignating subparagraph (B) as subparagraph (C); 
     and

[[Page S5732]]

       (iii) by inserting after subparagraph (A) the following:
       ``(B) for fiscal year 2024, $20,000,000; and''.
       (b) Supplemental Funding for the World Trade Center Health 
     Program.--
       (1) In general.--Title XXXIII of the Public Health Service 
     Act (42 U.S.C. 300mm et seq.) is amended by adding at the end 
     the following:

     ``SEC. 3352. SUPPLEMENTAL FUND.

       ``(a) In General.--There is established a fund to be known 
     as the World Trade Center Health Program Supplemental Fund 
     (referred to in this section as the `Supplemental Fund'), 
     consisting of amounts deposited into the Fund under 
     subsection (b).
       ``(b) Amount.--Out of any money in the Treasury not 
     otherwise appropriated, there is appropriated for fiscal year 
     2022 $3,064,535,940, for deposit into the Supplemental Fund, 
     which amounts shall remain available through fiscal year 
     2032.
       ``(c) Uses of Funds.--Amounts deposited into the 
     Supplemental Fund under subsection (b) shall be available, 
     without further appropriation and without regard to any 
     spending limitation under section 3351(c), to the WTC Program 
     Administrator as needed at the discretion of such 
     Administrator for carrying out any provision in this title, 
     including sections 3303 and 3341(c).
       ``(d) Return of Funds.--Any amounts that remain in the 
     Supplemental Fund on September 30, 2032, shall be deposited 
     into the Treasury as miscellaneous receipts.''.
       (2) Conforming amendments.--Title XXXIII of the Public 
     Health Service Act (42 U.S.C. 300mm et seq.) is amended--
       (A) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
     21(a)(4)(B)(i)(II)), by striking ``section 3351'' and 
     inserting ``sections 3351 and 3352'';
       (B) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
     31(a)(3)(B)(i)(II)), by striking ``section 3351'' and 
     inserting ``sections 3351 and 3352'';
       (C) in section 3331 (42 U.S.C. 300mm-41)--
       (i) in subsection (a), by inserting ``and the World Trade 
     Center Health Program Supplemental Fund'' before the period 
     at the end; and
       (ii) in subsection (d)--

       (I) in paragraph (1)(B)(i), as amended by subsection 
     (c)(1), by inserting ``(excluding any expenditures from 
     amounts in the World Trade Center Health Program Supplemental 
     Fund under section 3352)'' before the period at the end; and
       (II) in paragraph (2), in the flush text following 
     subparagraph (C), by inserting ``(excluding any expenditures 
     from amounts in the World Trade Center Health Program 
     Supplemental Fund under section 3352)'' before the period at 
     the end; and

       (D) in section 3351(b) (42 U.S.C. 300mm-61(b))--
       (i) in paragraph (2), by inserting ``or as available from 
     the World Trade Center Health Program Supplemental Fund under 
     section 3352'' before the period at the end; and
       (ii) in paragraph (3), by inserting ``or as available from 
     the World Trade Center Health Program Supplemental Fund under 
     section 3352'' before the period at the end.
       (c) Required Contribution by New York City.--Section 
     3331(d)(1)(B) of such Act (42 U.S.C. 300mm-41(d)(1)(B)) is 
     amended--
       (1) by striking ``(B) Full contribution amount.--Under'' 
     and inserting the following:
       ``(B) Full contribution amount.--
       ``(i) In general.--Under'';
       (2) by striking ``fiscal year 2090'' and inserting ``fiscal 
     year 2032''; and
       (3) by adding at the end the following:
       ``(ii) After fiscal year 2032.--Under such contract, with 
     respect to each calendar quarter of fiscal year 2033 and of 
     each subsequent fiscal year through fiscal year 2090, the 
     full contribution amount under this subparagraph shall be 
     equal to--

       ``(I) 10 percent of the expenditures in carrying out this 
     title for the respective quarter; multiplied by
       ``(II) the ratio of--

       ``(aa) the number of individuals receiving any monitoring, 
     treatment, evaluation, or other benefits under this title who 
     at any time during the prior calendar year lived in New York 
     City; to
       ``(bb) the total number of individuals receiving any 
     monitoring, treatment, evaluation, or other benefits under 
     this title for such prior calendar year.''.
                                 ______