[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.
______