[Congressional Record Volume 169, Number 128 (Tuesday, July 25, 2023)]
[Senate]
[Pages S3541-S3542]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1038. 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:
SEC. ___. 9/11 RESPONDER AND SURVIVOR HEALTH FUNDING
CORRECTION ACT OF 2023.
(a) 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.''.
(b) 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
[[Page S3542]]
$443,000,000 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 Treasury as miscellaneous receipts.
``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 Treasury as miscellaneous receipts.''.
(c) Conforming Amendments.--Title XXXIII of the Public
Health Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) 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'';
(2) 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'';
(3) in section 3331 (42 U.S.C. 300mm-41)--
(A) 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
(B) 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
(4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
(A) 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
(B) 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.
(d) Prevention and Public Health Fund.--Section 4002(b) of
the Patient Protection and Affordable Care Act (42 U.S.C.
300u-11(b)) is amended--
(1) in paragraph (9), by striking ``$1,725,000,000; and''
and inserting ``$1,568,000,000;''; and
(2) by striking paragraph (10) and inserting the following:
``(10) for fiscal year 2030, $1,783,000,000;
``(11) for fiscal year 2031, $1,784,000,000; and
``(12) for fiscal year 2032 and each fiscal year
thereafter, $2,000,000,000.''.
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