[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.''.
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