[Congressional Record (Bound Edition), Volume 156 (2010), Part 15]
[Senate]
[Pages 23470-23472]
[From the U.S. Government Publishing Office, www.gpo.gov]




         JAMES ZADROGA 9/11 HEALTH AND COMPENSATION ACT OF 2010

  Mr. REID. Mr. President, as in legislative session, I ask unanimous 
consent that the Senate proceed to the consideration of Calendar No. 
641, H.R. 847, the James Zadroga 9/11 Health and Compensation Act of 
2010; further, that the Gillibrand-Schumer substitute amendment, which 
is at the desk, be agreed to, the Senate proceed to a vote on the bill 
immediately, as amended, with no intervening action or debate, further, 
that if the bill is passed, the motions to reconsider be laid upon the 
table with no intervening action or debate, and any statements relating 
to this matter be printed in the Record.
  The VICE PRESIDENT. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 847) to amend the Public Health Service Act to 
     extend and improve protections and services to individuals 
     directly impacted by the terrorist attack in New York City on 
     September 11, 2001, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  The VICE PRESIDENT. Under the previous order, the substitute 
amendment is agreed to.
  The amendment (No. 4923) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. CONRAD. Mr. President, this is the Statement of Budgetary Effects 
of PAYGO Legislation for H.R. 847, as amended.

       Total Budgetary Effects of H.R. 847 for the 5-year 
     Statutory PAYGO Scorecard: net decrease in the deficit of 
     $101 million.
       Total Budgetary Effects of H.R. 847 for the 10-year 
     Statutory PAYGO Scorecard: net decrease in the deficit of 
     $443 million.

  Also submitted for the Record as part of this statement is a table 
prepared by the Congressional Budget Office, which provides additional 
information on the budgetary effects of this Act, as follows:

    CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR AN AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 847, THE JAMES ZADROGA 9/11 HEALTH AND
                               COMPENSATION ACT OF 2010 (VERSION BAI10697), AS ADOPTED BY THE SENATE ON DECEMBER 22, 2010
                                                        [By fiscal year, in millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            2011     2012     2013     2014     2015     2016     2017     2018     2019     2020   2011-2015  2011-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Net Increase or Decrease (-) in the Decifit
 
Statutory Pay-As-You-Go Impact..........     -242      106      170       56     -191    1,398     -346     -466     -461     -457      -101       -433
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
The amendment would establish a program for health care benefits for eligible emergency personnel who responded to the September 11, 2001, terrorist
  attacks and eligible residents and others present in the area of New York City near the World Trade Center. The legislation also would provide
  compensation payments to certain individuals for death and physical injury claims resulting from the attacks. The amendment would extend for one year
  certain fees on L and H-1B nonimmigrants that currently expire after fiscal year, 2014, and would impose a 2 percent excise tax on payments made to
  certain foreign persons by federal agencies to obtain certain goods or services.
Source: Congressional Budget Office and the staff of the Joint Committee on Taxation.


[[Page 23471]]

  Mr. LEAHY. Mr. President, I have heard complaints over the past few 
days about why we in the Senate are still working so close to the 
Christmas holiday. All of us would rather be home with our families, 
but of course we were sent here to serve the American people. We were 
sent here to the Senate to do the work of the American people, and we 
have been trying to complete our work for the past several weeks. One 
remaining issue demands our attention: taking care of the Americans who 
responded to the terrorist attacks on September 11th. We cannot turn 
our backs on these injured and ailing first responders. This is a 
defining issue of our American values--how we serve those who have 
sacrificed for our Nation.
  Almost a decade ago, in the aftermath of attack, I visited the Fresh 
Kills Landfill on Staten Island, NY. There, I witnessed detectives and 
medical professionals conduct the heartbreaking work to sort debris 
from the World Trade Center Towers in order to recover the remains and 
personal effects of those killed in the 9/11 attacks. It is difficult 
to describe how moving and powerful this was. It affirmed my faith in 
the goodness of America and its citizens.
  These Americans were doing everything they could to bring what little 
comfort and closure they could to the survivors of those killed. They 
were acting not for themselves but for their fellow citizens. These men 
and women were driven by the same sense of patriotism and compassion 
that drove so many brave Americans to rush from across the United 
States to respond at Ground Zero. Their acts of heroism, selflessness, 
and patriotism were emblematic of how Americans came together for one 
another.
  The legislation we consider today is the least we can do for these 
men and women who answered the call of their Nation in our moment of 
crisis. It is for the 30 New York City police officers who have died 
since September 11, 2001, as the result of illnesses brought on by 
exposure to the toxic dust and debris. It is for the 13,000 first 
responders who are sick as a result of their brave actions at Ground 
Zero. It is for the thousands of men and women who came from across the 
United States to help the people of New York and our country. And it is 
for the thousands more who will need medical care in the future. They 
deserve the continuing support and assistance of their government, on 
behalf of all Americans.
  It is deeply disappointing that passing this legislation has been so 
difficult. It should not be. If there is one thing on which we should 
find unanimity, it is fulfilling our obligation to the men and women 
who gave so much to help others on 9/11. These men and women asked 
nothing before they acted. They did what they thought was right. It is 
long past time for the Senate to do what is right by them.
  I applaud the Senators from New York. They have worked tirelessly and 
in the end agreed to compromise with a few of Senators on the other 
side of the aisle who were blocking action on this bill to help these 
first responders. The legislation we will pass today does not go as far 
as many of us hoped and believe appropriate, but it will go a long way 
to help the dedicated police officers, firefighters, construction 
workers, and medical personnel who were injured because of their 
service at a time of great national need. I cannot think of a better 
measure to end our work on in this Chamber than the message that we 
honor their service by taking care of the injuries they sustained while 
serving.
  Mr. BROWN of Massachusetts. Mr. President, I come to the floor today 
to congratulate my colleagues on their leadership and their willingness 
to come to the table to find a workable solution to ensure that we do 
not forget those who risked their lives on September 11, 2001.
  Today, the Senate reached an agreement to move forward on legislation 
that would create a program dedicated exclusively to provide screening 
and treatment to the first responders and other men and women who 
participated in rescue efforts at the World Trade Center.
  As I have said repeatedly, the work of my colleagues, Ms. Gillibrand 
and Mr. Schumer, are honorable and good. As I have said in every 
meeting that I have held--whether meeting with firefighters and police 
officers in Massachusetts, whether it be with Mayor Bloomberg of New 
York City or New York City Police Commissioner Kelly--I support their 
efforts and their good work and dedication to make sure that none of 
the heroes from September 11, 2001 are left behind or forgotten.
  I support this agreement because it represents what the Senate should 
be about: coming together, working together, and finding common ground 
and workable solutions. Today, in the final hours of the 111th 
Congress, we did just that by providing benefits to the first 
responders in a realistic and pragmatic way.
  But, M. President, I continue to have reservations regarding the 
offsets that are used to provide these benefits. As I have said to my 
colleagues, I am concerned because I am not 100 percent confident that 
the suggested offsets will materialize because of potential legal 
challenges or questionable trade implications.
  We should not forget the lives that were lost on September 11, 2001. 
The lives that were risked that day. And those who continue to live 
with scars from that day. And I can assure you, we won't.
  I am supporting this legislation because it provides access to the 
health care and treatment that our heroes deserve. And I greatly 
appreciate the input and patience of so many firefighters and first 
responders from my own state of Massachusetts, for whom I have 
tremendous respect and gratitude for all that they do.
  Thank you, Mr. President. And I yield the floor.
  Mr. REID. Mr. President, the horror of September 11 was 
unforgettable, and so much about that day was unimaginable.
  But imagine you had the courage to run into the disaster everyone 
else was running away from. And because of the toxic fumes and smoke 
you breathed in while you were working there, you got terribly sick.
  And almost a decade later, you are still suffering. You have trouble 
breathing, or maybe a tumor, or some other lung or heart disease. You 
knew you would be risking your life, but you probably didn't know it 
would--like this.
  Now imagine the help you need--the health care and compensation you 
deserve--is within reach. But your Senator is keeping it from you.
  That is exactly what is happening right now. The courageous first 
responders and rescue workers who were the first on the scene at Ground 
Zero need our help.
  It is all so hard to imagine. It is hard to imagine we would have the 
courage to do what they did that day--and that is why we revere these 
first responders. And it is hard to imagine their leaders would abandon 
them like this.
  We should all be embarrassed we are still here, at this late date, 
talking about this bill. This is not controversial--it is common sense. 
We should never, ever waste a minute before rushing to help the heroes 
of 9/11. We should never, ever waste a minute before rushing to help 
the victims of that day. These first responders are both--and this 
delay is simply inexcusable.
  This new program will make sure we do our jobs just as they did 
theirs. It sets up a program that will monitor the health and treatment 
of the thousands of rescue workers and survivors of 9/11 and makes sure 
they get the care they need.
  The authors of this bill have written protections into it to ensure 
the quality of the medical treatment it delivers and to protect it from 
fraud.
  As far as legislation and leadership go, this one is a no-brainer. 
But opponents have tried every excuse to stand in the way. On each 
count, they're wrong.
  It's not a new entitlement--in fact, it's fiscally responsible and 
its funding is capped. Checks and balances are in place to make sure 
all claims are legitimate. And when this program is established, it 
will be used only as a last resort--only if it's needed after private 
health insurance and workers' compensation aren't sufficient or fast 
enough.

[[Page 23472]]

  None of these men and women thought twice before trying to save the 
lives of their fellow Americans. Neither should we.
  We all know the Capitol might not be standing without the courage of 
men and women who became heroes that day. How can we stand in this 
building and vote against helping their fellow heroes--people who were 
the first to respond when the unimaginable happened?
  The VICE PRESIDENT. The question is on the engrossment of the 
amendment and third reading of the bill.
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The VICE PRESIDENT. The bill having been read the third time, the 
question is, Shall the bill, as amended, pass?
  The bill (H.R. 847), as amended, was passed.
  Mr. REID. I move to reconsider the vote.
  Mr. KERRY. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________