[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2717-S2719]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 604. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 2226, to authorize appropriations for 
fiscal year 2024 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 appropriate place in subtitle G of title X, insert 
     the following:

[[Page S2718]]

  


     SEC. [___]. 9/11 RESPONDER AND SURVIVOR HEALTH FUNDING 
                   CORRECTION ACT OF 2023.

       (a) Short Title.--This section may be cited as the ``9/11 
     Responder and Survivor Health Funding Correction Act of 
     2023''.
       (b) 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) 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) 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) (42 U.S.C. 300mm-21(a))--
       (A) in paragraph (2)(C)(i)--
       (i) in subclause (I), by striking ``; or'' and inserting a 
     semicolon;
       (ii) in subclause (II), by striking ``; and'' and inserting 
     a semicolon; and
       (iii) by adding at the end the following:
       ``(III) 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, or was a member of a regular or reserve component of 
     the uniformed services; 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
       ``(IV) 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, or was a member of a regular or reserve component of 
     the uniformed services; 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''; and
       (B) in paragraph (4)(A)--
       (i) by striking ``(A) In general.--The'' and inserting the 
     following:
       ``(A) Limit.--
       ``(i) In general.--The'';
       (ii) by inserting ``or subclause (III) or (IV) of paragraph 
     (2)(C)(i)'' after ``or (2)(A)(ii)''; and
       (iii) by adding at the end the following:
       ``(ii) Certain responders to the september 11 attacks at 
     the pentagon and shanksville, pennsylvania.--The total number 
     of individuals who may be enrolled under paragraph (3)(A)(ii) 
     based on eligibility criteria described in subclause (III) or 
     (IV) of paragraph (2)(C)(i) shall not exceed 500 at any 
     time.''.
       (c) Flexibility for Certifications Under the World Trade 
     Center Health Program.--
       (1) In general.--Section 3305(a) of the Public Health 
     Service Act (42 U.S.C. 300mm-4(a)) is amended--
       (A) in paragraph (1)(A), by inserting ``subject to 
     paragraph (6),'' before ``for''; and
       (B) 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).
       ``(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 of 2023, 
     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).''.
       (2) Flexibility for wtc responders.--Section 3312(b) of 
     such Act (42 U.S.C. 300mm-22(b)) is amended--
       (A) 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)'';
       (B) in paragraph (2)--
       (i) 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

       (ii) 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

       (C) 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)''.
       (d) 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''.
       (e) Clarifying Calculation of Enrollment.--
       (1) 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.''.
       (2) 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.''.
       (f) Time Period for Adding Health Conditions to List for 
     WTC Responders.--Section 3312(a)(6) of the Public Health 
     Service Act (42 U.S.C. 300mm-22(a)(6)) is amended--
       (1) in subparagraph (B), by striking ``90'' and inserting 
     ``180''; and
       (2) in subparagraph (C), in the second sentence, by 
     striking ``90'' and inserting ``180''.
       (g) Funding for the World Trade Center Health Program.--
       (1) Federal funding.--Section 3351 of the Public Health 
     Service Act (42 U.S.C. 300mm-61) is amended--
       (A) in subsection (a)--
       (i) in paragraph (2)(A)--

       (I) in clause (x), by striking ``and'';
       (II) in clause (xi)--

       (aa) by striking ``subsequent fiscal year through fiscal 
     year 2090'' and inserting ``of fiscal years 2026 through 
     2033''; and
       (bb) by striking ``plus'' and inserting ``and''; and

       (III) by adding at the end the following:

       ``(xii) for each of fiscal years 2034 through 2090--

       ``(I) the amount determined under this subparagraph for the 
     previous fiscal year (plus the sum of any amount expended in 
     the previous fiscal year from the World Trade Center Health 
     Program Special Fund established under section 3353 or the 
     World Trade Center Health Program Fund for Certain WTC 
     Responders at the Pentagon and Shanksville, Pennsylvania 
     established under section 3354 and any amount expended from 
     the World Trade Center Health Program Fund established under 
     this section in the previous fiscal year that was carried 
     over from any fiscal year prior to the previous fiscal year 
     including as carried over pursuant to a deposit into such 
     Fund under paragraph (6)) 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
       (ii) by adding at the end the following:
       ``(6) Remaining amounts from special fund and pentagon/
     shanksville fund.--Any amounts that remain available, on 
     September 30, 2033, in the World Trade Center Health Program 
     Special Fund under section 3353 or the World Trade Center 
     Health Program Fund for Certain WTC Responders at the 
     Pentagon and Shanksville, Pennsylvania under section 3354 
     shall be deposited into the Fund.''; and
       (B) in subsection (c)--
       (i) in paragraph (4)--

       (I) by amending subparagraph (A) to read as follows:

[[Page S2719]]

       ``(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 of 2023;''; and

       (II) in subparagraph (B), by striking ``2017, $15,000,000'' 
     and inserting ``2024, $20,000,000''; and

       (ii) 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 of 2023;'';

       (II) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (III) by inserting after subparagraph (A) the following:

       ``(B) for fiscal year 2024, the greater of--
       ``(i) the amount determined for such fiscal year under this 
     paragraph as in effect on the day before the date of 
     enactment of the 9/11 Responder and Survivor Health Funding 
     Correction Act of 2023; or
       ``(ii) $20,000,000; and''.
       (2) Additional funding for the world trade center health 
     program.--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. 3353. SPECIAL FUND.

       ``(a) In General.--There is established a fund to be known 
     as the World Trade Center Health Program Special Fund 
     (referred to in this section as the `Special Fund'), 
     consisting of amounts deposited into the Special Fund under 
     subsection (b).
       ``(b) Amount.--Out of any money in the Treasury not 
     otherwise appropriated, there is appropriated for fiscal year 
     2024 $1,784,358,336 for deposit into the Special Fund, which 
     amounts shall remain available in such Fund through fiscal 
     year 2033.
       ``(c) Uses of Funds.--Amounts deposited into the Special 
     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) Remaining Amounts.--Any amounts that remain in the 
     Special Fund on September 30, 2033, shall be deposited into 
     the World Trade Center Health Program Fund in accordance with 
     section 3351(a)(6) and remain available in accordance with 
     section 3351(a)(5).

     ``SEC. 3354. PENTAGON/SHANKSVILLE FUND.

       ``(a) In General.--There is established a fund to be known 
     as the World Trade Center Health Program Fund for Certain WTC 
     Responders at the Pentagon and Shanksville, Pennsylvania 
     (referred to in this section as the `Pentagon/Shanksville 
     Fund'), consisting of amounts deposited into the Pentagon/
     Shanksville Fund under subsection (b).
       ``(b) Amount.--Out of any money in the Treasury not 
     otherwise appropriated, there is appropriated for fiscal year 
     2024 $257,000,000 for deposit into the Pentagon/Shanksville 
     Fund, which amounts shall remain available in such Fund 
     through fiscal year 2033.
       ``(c) Uses of Funds.--
       ``(1) In general.--Amounts deposited into the Pentagon/
     Shanksville 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 for the purpose of carrying out section 3312 
     with regard to WTC responders enrolled in the WTC Program 
     based on eligibility criteria described in subclause (III) or 
     (IV) of section 3311(a)(2)(C)(i).
       ``(2) Limitation on other funding.--Notwithstanding 
     sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any 
     other provision in this title, for the period of fiscal years 
     2024 through 2033, no amounts made available under this title 
     other than those amounts appropriated under subsection (b) 
     may be available for the purpose described in paragraph (1).
       ``(d) Remaining Amounts.--Any amounts that remain in the 
     Pentagon/Shanksville Fund on September 30, 2033, shall be 
     deposited into the World Trade Center Health Program Fund in 
     accordance with section 3351(a)(6) and remain available in 
     accordance with section 3351(a)(5).''.
       (3) 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 ``sections 3351 and 3352'' 
     and inserting ``this title'';
       (B) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
     31(a)(3)(B)(i)(II)), by striking ``sections 3351 and 3352'' 
     and inserting ``this title'';
       (C) in section 3331 (42 U.S.C. 300mm-41)--
       (i) in subsection (a), by striking ``the World Trade Center 
     Health Program Fund and the World Trade Center Health Program 
     Supplemental Fund'' and inserting ``(as applicable) the Funds 
     established under sections 3351, 3352, 3353, and 3354''; and
       (ii) in subsection (d)--

       (I) in paragraph (1)(A), by inserting ``or the World Trade 
     Center Health Program Special Fund under section 3353'' after 
     ``section 3351'';
       (II) in paragraph (1)(B), by inserting ``or the World Trade 
     Center Health Program Fund for Certain WTC Responders at the 
     Pentagon and Shanksville, Pennsylvania under section 3354'' 
     after ``section 3352''; and
       (III) in paragraph (2), in the flush text following 
     subparagraph (C), by inserting ``or the World Trade Center 
     Health Program Fund for Certain WTC Responders at the 
     Pentagon and Shanksville, Pennsylvania under section 3354'' 
     after ``section 3352''; and

       (D) in section 3351(b) (42 U.S.C. 300mm-61(b))--
       (i) in paragraph (1), by striking ``subsection (a)(2)'' and 
     inserting ``paragraph (2) or (6) of subsection (a)'';
       (ii) in paragraph (2), by inserting ``, the World Trade 
     Center Health Program Special Fund under section 3353, or the 
     World Trade Center Health Program Fund for Certain WTC 
     Responders at the Pentagon and Shanksville, Pennsylvania 
     under section 3354'' before the period at the end; and
       (iii) in paragraph (3), by inserting ``, the World Trade 
     Center Health Program Special Fund under section 3353, or the 
     World Trade Center Health Program Fund for Certain WTC 
     Responders at the Pentagon and Shanksville, Pennsylvania 
     under section 3354'' before the period at the end.
                                 ______