[House Report 111-648]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-648

======================================================================


 
PROVIDING FOR CONSIDERATION OF THE 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; PROVIDING FOR 
CONSIDERATION OF THE BILL (H.R. 2378) TO AMEND TITLE VII OF THE TARIFF 
 ACT OF 1930 TO CLARIFY THAT FUNDAMENTAL EXCHANGE-RATE MISALIGNMENT BY 
ANY FOREIGN NATION IS ACTIONABLE UNDER UNITED STATES COUNTERVAILING AND 
   ANTIDUMPING DUTY LAWS, AND FOR OTHER PURPOSES; AND PROVIDING FOR 
   CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 2701) TO 
  AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 2010 FOR INTELLIGENCE AND 
 INTELLIGENCE-RELATED ACTIVITIES OF THE UNITED STATES GOVERNMENT, THE 
   COMMUNITY MANAGEMENT ACCOUNT, AND THE CENTRAL INTELLIGENCE AGENCY 
        RETIREMENT AND DISABILITY SYSTEM, AND FOR OTHER PURPOSES

                                _______
                                

 September 29, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Arcuri, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1674]

    The Committee on Rules, having had under consideration 
House Resolution 1674, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution grants a single rule for consideration of 
(1) H.R. 847, the ``James Zadroga 9/11 Health and Compensation 
Act of 2010, (2) H.R. 2378, the ``Currency Reform for Fair 
Trade Act,'' and (3) the Senate amendment to H.R. 2701, the 
``Intelligence Authorization Act of 2010.''
    With respect to H.R. 847, the resolution grants a closed 
rule providing one hour of debate in the House, with 30 minutes 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Energy and Commerce, 20 
minutes equally divided and controlled by the chair and ranking 
minority member of the Committee on the Judiciary, and 10 
minutes equally divided and controlled by the chair and ranking 
minority member of the Committee on Ways and Means.
    The resolution waives all points of order against 
consideration of H.R. 847 except those arising under clause 9 
or 10 of rule XXI. In lieu of the amendments recommended by the 
Committee on Energy and Commerce and the Committee on the 
Judiciary, the amendment in the nature of a substitute printed 
in this report shall be considered as adopted. The rule 
provides that the bill, as amended, shall be considered as 
read. The rule waives all points of order against the bill, as 
amended. Finally, the rule provides one motion to recommit H.R. 
847 with or without instructions.
    With respect to H.R. 2378, the resolution grants a closed 
rule providing one hour of debate in the House equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Ways and Means. The rule waives all points of 
order against consideration of the bill except for clauses 9 
and 10 of Rule XXI. The amendment in the nature of a substitute 
recommended by the Committee on Ways and Means shall be 
considered as adopted and the bill, as amended, shall be 
considered as read. The rule waives all points of order against 
provisions of the bill, as amended. The rule provides one 
motion to recommit with or without instructions.
    With respect to the Senate amendment to H.R. 2701, the rule 
makes in order a motion offered by the chair of the Permanent 
Select Committee on Intelligence or his designee that the House 
concur in the Senate amendment. All points of order against the 
motion are waived except those arising under clause 10 of rule 
XXI. The motion is debatable for one hour equally divided and 
controlled by the chair and ranking minority member of the 
Intelligence Committee. The rule provides that the Senate 
amendment and the motion shall be considered as read.

                         EXPLANATION OF WAIVERS

    With respect to H.R. 847, the waiver of all points of order 
against consideration of the bill (except those arising under 
clause 9 or 10 of rule XXI) includes a waiver of section 303 of 
the Congressional Budget Act (breach of committee spending 
allocation). The waiver of all points of order against the bill 
includes a waiver of clause 7 of rule XVI (germaneness) and 
clause 5 of rule XXI (inclusion of provisions on tax not 
reported by the Committee on Ways and Means).
    With respect to H.R. 2378, the waiver of all points of 
order against consideration of the bill (except those arising 
under clause 9 or 10 of rule XXI) includes a waiver of clause 
4(a) of rule XIII (regarding availability of committee report). 
Although the resolution waives all points of order against the 
bill, as amended, the Committee is not aware of any points of 
order. The waiver of all points of order is prophylactic.
    With respect to the Senate amendment to H.R. 2701, the 
Committee is not aware of any points of order. The waiver of 
all points of order is prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 497

    Date: September 29, 2010.
    Measure: H.R. 847.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for a substitute amendment offered by the Minority 
Leader or his designee to H.R. 2378, the ``Currency Reform for 
Fair Trade Act.''
    Results: Defeated 2-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Arcuri--Nay; Pingree--Nay; Polis--Nay; Dreier--
Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 498

    Date: September 29, 2010.
    Measure: H.R. 847.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order a motion offered by 
Rep. Hoekstra (MI) to disagree in the Senate amendment to H.R. 
2701, the ``Intelligence Authorization Act of 2010,'' and 
request a conference thereon.
    Results: Defeated 2-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Arcuri--Nay; Pingree--Nay; Polis--Nay; Dreier--
Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 499

    Date: September 29, 2010.
    Measure: H.R. 847.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment in the nature of a substitute by Rep. 
Reichert (WA) and Rep. Poe (TX), #5, which would: (1) strike 
the tax increase used as a pay-for that had been rejected first 
in H.R. 3962 and then in H.R. 4849, and was added to H.R. 847 
prior to consideration of the bill by the House; (2) replace it 
with the $1.6 billion remaining money not used for the census, 
plus the $4.99 billion in rescissions that were contained in 
the House-adopted amendment to H.R. 4899, but were not included 
in the Senate amendment to H.R. 1586; (3) include the language 
from the PQ to H.R. 4785--Requiring the Collection of Unpaid 
Taxes from Federal Employees.
    Results: Defeated 2-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Arcuri--Nay; Pingree--Nay; Polis--Nay; Dreier--
Yea; Foxx--Yea; Slaughter--Nay.

 SUMMARY OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 847 TO 
                        BE CONSIDERED AS ADOPTED

    The amendment in the nature of a substitute provides $7.4 
billion in funding for health claims resulting from the 
September 11 terrorist attacks. It amends the Public Health 
Service Act to establish the World Trade Center Health Program 
(WTC Program) within the National Institute for Occupational 
Safety and Health to provide (1) medical monitoring and 
treatment benefits to eligible emergency responders and 
recovery and cleanup workers (including those who are federal 
employees) who responded to the September 11, 2001, terrorist 
attacks; and (2) initial health evaluation, monitoring, and 
treatment benefits to residents and other building occupants 
and area workers in New York City who were directly impacted 
and adversely affected by such attacks. It amends the Air 
Transportation Safety and System Stabilization Act to: (1) make 
individuals eligible for compensation under the September 11 
Victim Compensation Fund of 2001 for harm as a result of debris 
removal; (2) extend the deadline for making a claim for 
compensation for physical harm not discovered before the 
deadline; (3) cap liability for claims related to debris 
removal based on the level of insurance available; (4) limit 
the total payment for compensation for claims filed on or after 
the regulations are updated pursuant to this Act; and (5) cap 
the amount that an individual may charge in connection with a 
claim under such Act, with exceptions. Finally, it amends tax 
provisions that in some cases allow a U.S. subsidiary of a 
foreign corporation to avoid U.S. withholding tax on payments 
to a related subsidiary in a country that has a tax treaty with 
the United States and changes the timing of estimated corporate 
tax payments.

   TEXT OF THE SUBSTITUTE AMENDMENT TO H.R. 847 TO BE CONSIDERED AS 
                                ADOPTED

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``James 
Zadroga 9/11 Health and Compensation Act of 2010''.
  (b) Table of Contents.--The table of contents of this Act is 
as follows:

Sec. 1. Short title; table of contents.

               TITLE I--WORLD TRADE CENTER HEALTH PROGRAM

Sec. 101. World Trade Center Health Program.

            ``TITLE XXXIII--WORLD TRADE CENTER HEALTH PROGRAM

       ``Subtitle A--Establishment of Program; Advisory Committee

    ``Sec. 3301. Establishment of World Trade Center Health Program.
    ``Sec. 3302. WTC Health Program Scientific/Technical Advisory 
              Committee; WTC Health Program Steering Committees.
    ``Sec. 3303. Education and outreach.
    ``Sec. 3304. Uniform data collection and analysis.
    ``Sec. 3305. Clinical Centers of Excellence and Data Centers.
    ``Sec. 3306. Definitions.

  ``Subtitle B--Program of Monitoring, Initial Health Evaluations, and 
                                Treatment

                        ``Part 1--WTC Responders

    ``Sec. 3311. Identification of WTC responders and provision of WTC-
              related monitoring services.
    ``Sec. 3312. Treatment of enrolled WTC responders for WTC-related 
              health conditions.
    ``Sec. 3313. National arrangement for benefits for eligible 
              individuals outside New York.

                         ``Part 2--WTC Survivors

    ``Sec. 3321. Identification and initial health evaluation of 
              screening-eligible and certified-eligible WTC survivors.
    ``Sec. 3322. Followup monitoring and treatment of certified-eligible 
              WTC survivors for WTC-related health conditions.
    ``Sec. 3323. Followup monitoring and treatment of other individuals 
              with WTC-related health conditions.

                       ``Part 3--Payor Provisions

    ``Sec. 3331. Payment of claims.
    ``Sec. 3332. Administrative arrangement authority.

                 ``Subtitle C--Research Into Conditions

    ``Sec. 3341. Research regarding certain health conditions related to 
              September 11 terrorist attacks.
    ``Sec. 3342. World Trade Center Health Registry.

                          ``Subtitle D--Funding

    ``Sec. 3351. World Trade Center Health Program Fund.

        TITLE II--SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001

Sec. 201. Definitions.
Sec. 202. Extended and expanded eligibility for compensation.
Sec. 203. Requirement to update regulations.
Sec. 204. Limited liability for certain claims.
Sec. 205. Funding; attorney fees.

    TITLE III--LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE 
         PAYMENTS; TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES

Sec. 301. Limitation on treaty benefits for certain deductible payments.
Sec. 302. Time for payment of corporate estimated taxes.

                       TITLE IV--BUDGETARY EFFECTS

Sec. 401. Compliance with Statutory Pay-As-You-Go Act of 2010.

               TITLE I--WORLD TRADE CENTER HEALTH PROGRAM

SEC. 101. WORLD TRADE CENTER HEALTH PROGRAM.

  The Public Health Service Act is amended by adding at the end 
the following new title:

           ``TITLE XXXIII--WORLD TRADE CENTER HEALTH PROGRAM

       ``Subtitle A--Establishment of Program; Advisory Committee

``SEC. 3301. ESTABLISHMENT OF WORLD TRADE CENTER HEALTH PROGRAM.

  ``(a) In General.--There is hereby established within the 
Department of Health and Human Services a program to be known 
as the World Trade Center Health Program, which shall be 
administered by the WTC Program Administrator, to provide 
beginning on July 1, 2011--
          ``(1) medical monitoring and treatment benefits to 
        eligible emergency responders and recovery and cleanup 
        workers (including those who are Federal employees) who 
        responded to the September 11, 2001, terrorist attacks; 
        and
          ``(2) initial health evaluation, monitoring, and 
        treatment benefits to residents and other building 
        occupants and area workers in New York City who were 
        directly impacted and adversely affected by such 
        attacks.
  ``(b) Components of Program.--The WTC Program includes the 
following components:
          ``(1) Medical monitoring for responders.--Medical 
        monitoring under section 3311, including clinical 
        examinations and long-term health monitoring and 
        analysis for enrolled WTC responders who were likely to 
        have been exposed to airborne toxins that were 
        released, or to other hazards, as a result of the 
        September 11, 2001, terrorist attacks.
          ``(2) Initial health evaluation for survivors.--An 
        initial health evaluation under section 3321, including 
        an evaluation to determine eligibility for followup 
        monitoring and treatment.
          ``(3) Followup monitoring and treatment for wtc-
        related health conditions for responders and 
        survivors.--Provision under sections 3312, 3322, and 
        3323 of followup monitoring and treatment and payment, 
        subject to the provisions of subsection (d), for all 
        medically necessary health and mental health care 
        expenses of an individual with respect to a WTC-related 
        health condition (including necessary prescription 
        drugs).
          ``(4) Outreach.--Establishment under section 3303 of 
        an education and outreach program to potentially 
        eligible individuals concerning the benefits under this 
        title.
          ``(5) Clinical data collection and analysis.--
        Collection and analysis under section 3304 of health 
        and mental health data relating to individuals 
        receiving monitoring or treatment benefits in a uniform 
        manner in collaboration with the collection of 
        epidemiological data under section 3342.
          ``(6) Research on health conditions.--Establishment 
        under subtitle C of a research program on health 
        conditions resulting from the September 11, 2001, 
        terrorist attacks.
  ``(c) No Cost Sharing.--Monitoring and treatment benefits and 
initial health evaluation benefits are provided under subtitle 
B without any deductibles, copayments, or other cost sharing to 
an enrolled WTC responder or certified-eligible WTC survivor. 
Initial health evaluation benefits are provided under subtitle 
B without any deductibles, copayments, or other cost sharing to 
a screening-eligible WTC survivor.
  ``(d) Preventing Fraud and Unreasonable Administrative 
Costs.--
          ``(1) Fraud.--The Inspector General of the Department 
        of Health and Human Services shall develop and 
        implement a program to review the WTC Program's health 
        care expenditures to detect fraudulent or duplicate 
        billing and payment for inappropriate services. This 
        title is a Federal health care program (as defined in 
        section 1128B(f) of the Social Security Act) and is a 
        health plan (as defined in section 1128C(c) of such 
        Act) for purposes of applying sections 1128 through 
        1128E of such Act.
          ``(2) Unreasonable administrative costs.--The 
        Inspector General of the Department of Health and Human 
        Services shall develop and implement a program to 
        review the WTC Program for unreasonable administrative 
        costs, including with respect to infrastructure, 
        administration, and claims processing.
  ``(e) Quality Assurance.--The WTC Program Administrator 
working with the Clinical Centers of Excellence shall develop 
and implement a quality assurance program for the monitoring 
and treatment delivered by such Centers of Excellence and any 
other participating health care providers. Such program shall 
include--
          ``(1) adherence to monitoring and treatment 
        protocols;
          ``(2) appropriate diagnostic and treatment referrals 
        for participants;
          ``(3) prompt communication of test results to 
        participants; and
          ``(4) such other elements as the Administrator 
        specifies in consultation with the Clinical Centers of 
        Excellence.
  ``(f) Annual Program Report.--
          ``(1) In general.--Not later than 6 months after the 
        end of each fiscal year in which the WTC Program is in 
        operation, the WTC Program Administrator shall submit 
        an annual report to the Congress on the operations of 
        this title for such fiscal year and for the entire 
        period of operation of the program.
          ``(2) Contents included in report.--Each annual 
        report under paragraph (1) shall include at least the 
        following:
                  ``(A) Eligible individuals.--Information for 
                each clinical program described in paragraph 
                (3)--
                          ``(i) on the number of individuals 
                        who applied for certification under 
                        subtitle B and the number of such 
                        individuals who were so certified;
                          ``(ii) of the individuals who were 
                        certified, on the number who received 
                        monitoring under the program and the 
                        number of such individuals who received 
                        medical treatment under the program;
                          ``(iii) with respect to individuals 
                        so certified who received such 
                        treatment, on the WTC-related health 
                        conditions for which they were treated; 
                        and
                          ``(iv) on the projected number of 
                        individuals who will be certified under 
                        subtitle B in the succeeding fiscal 
                        year and the succeeding 10-year period.
                  ``(B) Monitoring, initial health evaluation, 
                and treatment costs.--For each clinical program 
                so described--
                          ``(i) information on the costs of 
                        monitoring and initial health 
                        evaluation and the costs of treatment 
                        and on the estimated costs of such 
                        monitoring, evaluation, and treatment 
                        in the succeeding fiscal year; and
                          ``(ii) an estimate of the cost of 
                        medical treatment for WTC-related 
                        health conditions that have been paid 
                        for or reimbursed by workers' 
                        compensation, by public or private 
                        health plans, or by New York City under 
                        section 3331.
                  ``(C) Administrative costs.--Information on 
                the cost of administering the program, 
                including costs of program support, data 
                collection and analysis, and research conducted 
                under the program.
                  ``(D) Administrative experience.--Information 
                on the administrative performance of the 
                program, including--
                          ``(i) the performance of the program 
                        in providing timely evaluation of and 
                        treatment to eligible individuals; and
                          ``(ii) a list of the Clinical Centers 
                        of Excellence and other providers that 
                        are participating in the program.
                  ``(E) Scientific reports.--A summary of the 
                findings of any new scientific reports or 
                studies on the health effects associated with 
                exposure described in section 3306(1), 
                including the findings of research conducted 
                under section 3341(a).
                  ``(F) Advisory committee recommendations.--A 
                list of recommendations by the WTC Scientific/
                Technical Advisory Committee on additional WTC 
                Program eligibility criteria and on additional 
                WTC-related health conditions and the action of 
                the WTC Program Administrator concerning each 
                such recommendation.
          ``(3) Separate clinical programs described.--In 
        paragraph (2), each of the following shall be treated 
        as a separate clinical program of the WTC Program:
                  ``(A) Firefighters and related personnel.--
                The benefits provided for enrolled WTC 
                responders described in section 3311(a)(2)(A).
                  ``(B) Other wtc responders.--The benefits 
                provided for enrolled WTC responders not 
                described in subparagraph (A).
                  ``(C) WTC survivors.--The benefits provided 
                for screening-eligible WTC survivors and 
                certified-eligible WTC survivors in section 
                3321(a).
  ``(g) Notification to Congress Upon Reaching 80 Percent of 
Eligibility Numerical Limits.--The Secretary shall promptly 
notify the Congress of each of the following:
          ``(1) When the number of enrollments of WTC 
        responders subject to the limit established under 
        section 3311(a)(4) has reached 80 percent of such 
        limit.
          ``(2) When the number of certifications for 
        certified-eligible WTC survivors subject to the limit 
        established under section 3321(a)(3) has reached 80 
        percent of such limit.
  ``(h) Consultation.--The WTC Program Administrator shall 
engage in ongoing outreach and consultation with relevant 
stakeholders, including the WTC Health Program Steering 
Committees and the Advisory Committee under section 3302, 
regarding the implementation and improvement of programs under 
this title.

``SEC. 3302. WTC HEALTH PROGRAM SCIENTIFIC/TECHNICAL ADVISORY 
                    COMMITTEE; WTC HEALTH PROGRAM STEERING COMMITTEES.

  ``(a) Advisory Committee.--
          ``(1) Establishment.--The WTC Program Administrator 
        shall establish an advisory committee to be known as 
        the WTC Health Program Scientific/Technical Advisory 
        Committee (in this subsection referred to as the 
        `Advisory Committee') to review scientific and medical 
        evidence and to make recommendations to the 
        Administrator on additional WTC Program eligibility 
        criteria and on additional WTC-related health 
        conditions.
          ``(2) Composition.--The WTC Program Administrator 
        shall appoint the members of the Advisory Committee and 
        shall include at least--
                  ``(A) 4 occupational physicians, at least 2 
                of whom have experience treating WTC rescue and 
                recovery workers;
                  ``(B) 1 physician with expertise in pulmonary 
                medicine;
                  ``(C) 2 environmental medicine or 
                environmental health specialists;
                  ``(D) 2 representatives of WTC responders;
                  ``(E) 2 representatives of certified-eligible 
                WTC survivors;
                  ``(F) an industrial hygienist;
                  ``(G) a toxicologist;
                  ``(H) an epidemiologist; and
                  ``(I) a mental health professional.
          ``(3) Meetings.--The Advisory Committee shall meet at 
        such frequency as may be required to carry out its 
        duties.
          ``(4) Reports.--The WTC Program Administrator shall 
        provide for publication of recommendations of the 
        Advisory Committee on the public Web site established 
        for the WTC Program.
          ``(5) Duration.--Notwithstanding any other provision 
        of law, the Advisory Committee shall continue in 
        operation during the period in which the WTC Program is 
        in operation.
          ``(6) Application of faca.--Except as otherwise 
        specifically provided, the Advisory Committee shall be 
        subject to the Federal Advisory Committee Act.
  ``(b) WTC Health Program Steering Committees.--
          ``(1) Consultation.--The WTC Program Administrator 
        shall consult with 2 steering committees (each in this 
        section referred to as a `Steering Committee') that are 
        established as follows:
                  ``(A) WTC responders steering committee.--One 
                Steering Committee, to be known as the WTC 
                Responders Steering Committee, for the purpose 
                of receiving input from affected stakeholders 
                and facilitating the coordination of monitoring 
                and treatment programs for the enrolled WTC 
                responders under part 1 of subtitle B.
                  ``(B) WTC survivors steering committee.--One 
                Steering Committee, to be known as the WTC 
                Survivors Steering Committee, for the purpose 
                of receiving input from affected stakeholders 
                and facilitating the coordination of initial 
                health evaluations, monitoring, and treatment 
                programs for screening-eligible and certified-
                eligible WTC survivors under part 2 of subtitle 
                B.
          ``(2) Membership.--
                  ``(A) WTC responders steering committee.--
                          ``(i) Representation.--The WTC 
                        Responders Steering Committee shall 
                        include--
                                  ``(I) representatives of the 
                                Centers of Excellence providing 
                                services to WTC responders;
                                  ``(II) representatives of 
                                labor organizations 
                                representing firefighters, 
                                police, other New York City 
                                employees, and recovery and 
                                cleanup workers who responded 
                                to the September 11, 2001, 
                                terrorist attacks; and
                                  ``(III) 3 representatives of 
                                New York City, 1 of whom will 
                                be selected by the police 
                                commissioner of New York City, 
                                1 by the health commissioner of 
                                New York City, and 1 by the 
                                mayor of New York City.
                          ``(ii) Initial membership.--The WTC 
                        Responders Steering Committee shall 
                        initially be composed of members of the 
                        WTC Monitoring and Treatment Program 
                        Steering Committee (as in existence on 
                        the day before the date of the 
                        enactment of this title).
                  ``(B) WTC survivors steering committee.--
                          ``(i) Representation.--The WTC 
                        Survivors Steering Committee shall 
                        include representatives of--
                                  ``(I) the Centers of 
                                Excellence providing services 
                                to screening-eligible and 
                                certified-eligible WTC 
                                survivors;
                                  ``(II) the population of 
                                residents, students, and area 
                                and other workers affected by 
                                the September 11, 2001, 
                                terrorist attacks;
                                  ``(III) screening-eligible 
                                and certified-eligible 
                                survivors receiving initial 
                                health evaluations, monitoring, 
                                or treatment under part 2 of 
                                subtitle B and organizations 
                                advocating on their behalf; and
                                  ``(IV) New York City.
                          ``(ii) Initial membership.--The WTC 
                        Survivors Steering Committee shall 
                        initially be composed of members of the 
                        WTC Environmental Health Center 
                        Survivor Advisory Committee (as in 
                        existence on the day before the date of 
                        the enactment of this title).
                  ``(C) Additional appointments.--Each Steering 
                Committee may recommend, if approved by a 
                majority of voting members of the Committee, 
                additional members to the Committee.
                  ``(D) Vacancies.--A vacancy in a Steering 
                Committee shall be filled by an individual 
                recommended by the Steering Committee.

``SEC. 3303. EDUCATION AND OUTREACH.

  ``The WTC Program Administrator shall institute a program 
that provides education and outreach on the existence and 
availability of services under the WTC Program. The outreach 
and education program--
          ``(1) shall include--
                  ``(A) the establishment of a public Web site 
                with information about the WTC Program;
                  ``(B) meetings with potentially eligible 
                populations;
                  ``(C) development and dissemination of 
                outreach materials informing people about the 
                program; and
                  ``(D) the establishment of phone information 
                services; and
          ``(2) shall be conducted in a manner intended--
                  ``(A) to reach all affected populations; and
                  ``(B) to include materials for culturally and 
                linguistically diverse populations.

``SEC. 3304. UNIFORM DATA COLLECTION AND ANALYSIS.

  ``(a) In General.--The WTC Program Administrator shall 
provide for the uniform collection of data (and analysis of 
data and regular reports to the Administrator) on the 
prevalence of WTC-related health conditions and the 
identification of new WTC-related health conditions. Such data 
shall be collected for all individuals provided monitoring or 
treatment benefits under subtitle B and regardless of their 
place of residence or Clinical Center of Excellence through 
which the benefits are provided. The WTC Program Administrator 
shall provide, through the Data Centers or otherwise, for the 
integration of such data into the monitoring and treatment 
program activities under this title.
  ``(b) Coordinating Through Centers of Excellence.--Each 
Clinical Center of Excellence shall collect data described in 
subsection (a) and report such data to the corresponding Data 
Center for analysis by such Data Center.
  ``(c) Collaboration With WTC Health Registry.--The WTC 
Program Administrator shall provide for collaboration between 
the Data Centers and the World Trade Center Health Registry 
described in section 3342.
  ``(d) Privacy.--The data collection and analysis under this 
section shall be conducted and maintained in a manner that 
protects the confidentiality of individually identifiable 
health information consistent with applicable statutes and 
regulations, including, as applicable, HIPAA privacy and 
security law (as defined in section 3009(a)(2)) and section 
552a of title 5, United States Code.

``SEC. 3305. CLINICAL CENTERS OF EXCELLENCE AND DATA CENTERS.

  ``(a) In General.--
          ``(1) Contracts with clinical centers of 
        excellence.--The WTC Program Administrator shall, 
        subject to subsection (b)(1)(B), enter into contracts 
        with Clinical Centers of Excellence (as defined in 
        subsection (b)(1)(A))--
                  ``(A) for the provision of monitoring and 
                treatment benefits and initial health 
                evaluation benefits under subtitle B;
                  ``(B) for the provision of outreach 
                activities to individuals eligible for such 
                monitoring and treatment benefits, for initial 
                health evaluation benefits, and for followup to 
                individuals who are enrolled in the monitoring 
                program;
                  ``(C) for the provision of counseling for 
                benefits under subtitle B, with respect to WTC-
                related health conditions, for individuals 
                eligible for such benefits;
                  ``(D) for the provision of counseling for 
                benefits for WTC-related health conditions that 
                may be available under workers' compensation or 
                other benefit programs for work-related 
                injuries or illnesses, health insurance, 
                disability insurance, or other insurance plans 
                or through public or private social service 
                agencies and assisting eligible individuals in 
                applying for such benefits;
                  ``(E) for the provision of translational and 
                interpretive services for program participants 
                who are not English language proficient; and
                  ``(F) for the collection and reporting of 
                data in accordance with section 3304.
          ``(2) Contracts with data centers.--
                  ``(A) In general.--The WTC Program 
                Administrator shall enter into contracts with 
                Data Centers (as defined in subsection 
                (b)(2))--
                          ``(i) for receiving, analyzing, and 
                        reporting to the WTC Program 
                        Administrator on data, in accordance 
                        with section 3304, that have been 
                        collected and reported to such Data 
                        Centers by the corresponding Clinical 
                        Centers of Excellence under subsection 
                        (b)(1)(B)(iii);
                          ``(ii) for the development of 
                        monitoring, initial health evaluation, 
                        and treatment protocols, with respect 
                        to WTC-related health conditions;
                          ``(iii) for coordinating the outreach 
                        activities conducted under paragraph 
                        (1)(B) by each corresponding Clinical 
                        Center of Excellence;
                          ``(iv) for establishing criteria for 
                        the credentialing of medical providers 
                        participating in the nationwide network 
                        under section 3313;
                          ``(v) for coordinating and 
                        administering the activities of the WTC 
                        Health Program Steering Committees 
                        established under section 3002(b); and
                          ``(vi) for meeting periodically with 
                        the corresponding Clinical Centers of 
                        Excellence to obtain input on the 
                        analysis and reporting of data 
                        collected under clause (i) and on the 
                        development of monitoring, initial 
                        health evaluation, and treatment 
                        protocols under clause (ii).
                  ``(B) Medical provider selection.--The 
                medical providers under subparagraph (A)(iv) 
                shall be selected by the WTC Program 
                Administrator on the basis of their experience 
                treating or diagnosing the health conditions 
                included in the list of WTC-related health 
                conditions.
                  ``(C) Clinical discussions.--In carrying out 
                subparagraph (A)(ii), a Data Center shall 
                engage in clinical discussions across the WTC 
                Program to guide treatment approaches for 
                individuals with a WTC-related health 
                condition.
                  ``(D) Transparency of data.--A contract 
                entered into under this subsection with a Data 
                Center shall require the Data Center to make 
                any data collected and reported to such Center 
                under subsection (b)(1)(B)(iii) available to 
                health researchers and others as provided in 
                the CDC/ATSDR Policy on Releasing and Sharing 
                Data.
          ``(3) Authority for contracts to be class specific.--
        A contract entered into under this subsection with a 
        Clinical Center of Excellence or a Data Center may be 
        with respect to one or more class of enrolled WTC 
        responders, screening-eligible WTC survivors, or 
        certified-eligible WTC survivors.
          ``(4) Use of cooperative agreements.--Any contract 
        under this title between the WTC Program Administrator 
        and a Data Center or a Clinical Center of Excellence 
        may be in the form of a cooperative agreement.
  ``(b) Centers of Excellence.--
          ``(1) Clinical centers of excellence.--
                  ``(A) Definition.--For purposes of this 
                title, the term `Clinical Center of Excellence' 
                means a Center that demonstrates to the 
                satisfaction of the Administrator that the 
                Center--
                          ``(i) uses an integrated, centralized 
                        health care provider approach to create 
                        a comprehensive suite of health 
                        services under this title that are 
                        accessible to enrolled WTC responders, 
                        screening-eligible WTC survivors, or 
                        certified-eligible WTC survivors;
                          ``(ii) has experience in caring for 
                        WTC responders and screening-eligible 
                        WTC survivors or includes health care 
                        providers who have been trained 
                        pursuant to section 3313(c);
                          ``(iii) employs health care provider 
                        staff with expertise that includes, at 
                        a minimum, occupational medicine, 
                        environmental medicine, trauma-related 
                        psychiatry and psychology, and social 
                        services counseling; and
                          ``(iv) meets such other requirements 
                        as specified by the Administrator.
                  ``(B) Contract requirements.--The WTC Program 
                Administrator shall not enter into a contract 
                with a Clinical Center of Excellence under 
                subsection (a)(1) unless the Center agrees to 
                do each of the following:
                          ``(i) Establish a formal mechanism 
                        for consulting with and receiving input 
                        from representatives of eligible 
                        populations receiving monitoring and 
                        treatment benefits under subtitle B 
                        from such Center.
                          ``(ii) Coordinate monitoring and 
                        treatment benefits under subtitle B 
                        with routine medical care provided for 
                        the treatment of conditions other than 
                        WTC-related health conditions.
                          ``(iii) Collect and report to the 
                        corresponding Data Center data in 
                        accordance with section 3304(b).
                          ``(iv) Have in place safeguards 
                        against fraud that are satisfactory to 
                        the Administrator, in consultation with 
                        the Inspector General of the Department 
                        of Health and Human Services.
                          ``(v) Treat or refer for treatment 
                        all individuals who are enrolled WTC 
                        responders or certified-eligible WTC 
                        survivors with respect to such Center 
                        who present themselves for treatment of 
                        a WTC-related health condition.
                          ``(vi) Have in place safeguards, 
                        consistent with section 3304(c), to 
                        ensure the confidentiality of an 
                        individual's individually identifiable 
                        health information, including requiring 
                        that such information not be disclosed 
                        to the individual's employer without 
                        the authorization of the individual.
                          ``(vii) Use amounts paid under 
                        subsection (c)(1) only for costs 
                        incurred in carrying out the activities 
                        described in subsection (a), other than 
                        those described in subsection 
                        (a)(1)(A).
                          ``(viii) Utilize health care 
                        providers with occupational and 
                        environmental medicine expertise to 
                        conduct physical and mental health 
                        assessments, in accordance with 
                        protocols developed under subsection 
                        (a)(2)(A)(ii).
                          ``(ix) Communicate with WTC 
                        responders and screening-eligible and 
                        certified-eligible WTC survivors in 
                        appropriate languages and conduct 
                        outreach activities with relevant 
                        stakeholder worker or community 
                        associations.
                          ``(x) Meet all the other applicable 
                        requirements of this title, including 
                        regulations implementing such 
                        requirements.
                  ``(C) Transition rule to ensure continuity of 
                care.--The WTC Program Administrator shall to 
                the maximum extent feasible ensure continuity 
                of care in any period of transition from 
                monitoring and treatment of an enrolled WTC 
                responder or certified-eligible WTC survivor by 
                a provider to a Clinical Center of Excellence 
                or a health care provider participating in the 
                nationwide network under section 3313.
          ``(2) Data centers.--For purposes of this title, the 
        term `Data Center' means a Center that the WTC Program 
        Administrator determines has the capacity to carry out 
        the responsibilities for a Data Center under subsection 
        (a)(2).
          ``(3) Corresponding centers.--For purposes of this 
        title, a Clinical Center of Excellence and a Data 
        Center shall be treated as `corresponding' to the 
        extent that such Clinical Center and Data Center serve 
        the same population group.
  ``(c) Payment for Infrastructure Costs.--
          ``(1) In general.--The WTC Program Administrator 
        shall reimburse a Clinical Center of Excellence for the 
        fixed infrastructure costs of such Center in carrying 
        out the activities described in subtitle B at a rate 
        negotiated by the Administrator and such Centers. Such 
        negotiated rate shall be fair and appropriate and take 
        into account the number of enrolled WTC responders 
        receiving services from such Center under this title.
          ``(2) Fixed infrastructure costs.--For purposes of 
        paragraph (1), the term `fixed infrastructure costs' 
        means, with respect to a Clinical Center of Excellence, 
        the costs incurred by such Center that are not 
        reimbursable by the WTC Program Administrator under 
        section 3312(c).

``SEC. 3306. DEFINITIONS.

  ``In this title:
          ``(1) The term `aggravating' means, with respect to a 
        health condition, a health condition that existed on 
        September 11, 2001, and that, as a result of exposure 
        to airborne toxins, any other hazard, or any other 
        adverse condition resulting from the September 11, 
        2001, terrorist attacks, requires medical treatment 
        that is (or will be) in addition to, more frequent 
        than, or of longer duration than the medical treatment 
        that would have been required for such condition in the 
        absence of such exposure.
          ``(2) The term `certified-eligible WTC survivor' has 
        the meaning given such term in section 3321(a)(2).
          ``(3) The terms `Clinical Center of Excellence' and 
        `Data Center' have the meanings given such terms in 
        section 3305.
          ``(4) The term `enrolled WTC responder' means a WTC 
        responder enrolled under section 3311(a)(3).
          ``(5) The term `initial health evaluation' includes, 
        with respect to an individual, a medical and exposure 
        history, a physical examination, and additional medical 
        testing as needed to evaluate whether the individual 
        has a WTC-related health condition and is eligible for 
        treatment under the WTC Program.
          ``(6) The term `list of WTC-related health 
        conditions' means--
                  ``(A) for WTC responders, the health 
                conditions listed in section 3312(a)(3); and
                  ``(B) for screening-eligible and certified-
                eligible WTC survivors, the health conditions 
                listed in section 3322(b).
          ``(7) The term `New York City disaster area' means 
        the area within New York City that is--
                  ``(A) the area of Manhattan that is south of 
                Houston Street; and
                  ``(B) any block in Brooklyn that is wholly or 
                partially contained within a 1.5-mile radius of 
                the former World Trade Center site.
          ``(8) The term `New York metropolitan area' means an 
        area, specified by the WTC Program Administrator, 
        within which WTC responders and eligible WTC screening-
        eligible survivors who reside in such area are 
        reasonably able to access monitoring and treatment 
        benefits and initial health evaluation benefits under 
        this title through a Clinical Center of Excellence 
        described in subparagraphs (A), (B), or (C) of section 
        3305(b)(1).
          ``(9) The term `screening-eligible WTC survivor' has 
        the meaning given such term in section 3321(a)(1).
          ``(10) Any reference to `September 11, 2001' shall be 
        deemed a reference to the period on such date 
        subsequent to the terrorist attacks at the World Trade 
        Center, Shanksville, Pennsylvania, or the Pentagon, as 
        applicable, on such date.
          ``(11) The term `September 11, 2001, terrorist 
        attacks' means the terrorist attacks that occurred on 
        September 11, 2001, in New York City, in Shanksville, 
        Pennsylvania, and at the Pentagon, and includes the 
        aftermath of such attacks.
          ``(12) The term `WTC Health Program Steering 
        Committee' means such a Steering Committee established 
        under section 3302(b).
          ``(13) The term `WTC Program' means the Word Trade 
        Center Health Program established under section 
        3301(a).
          ``(14) The term `WTC Program Administrator' means--
                  ``(A) with respect to paragraphs (3) and (4) 
                of section 3311(a) (relating to enrollment of 
                WTC responders), section 3312(c) and the 
                corresponding provisions of section 3322 
                (relating to payment for initial health 
                evaluation, monitoring, and treatment), 
                paragraphs (1)(C), (2)(B), and (3) of section 
                3321(a) (relating to determination or 
                certification of screening-eligible or 
                certified-eligible WTC responders), and part 3 
                of subtitle B (relating to payor provisions), 
                an official in the Department of Health and 
                Human Services, to be designated by the 
                Secretary; and
                  ``(B) with respect to any other provision of 
                this title, the Director of the National 
                Institute for Occupational Safety and Health, 
                or a designee of such Director.
          ``(15) The term `WTC-related health condition' is 
        defined in section 3312(a).
          ``(16) The term `WTC responder' is defined in section 
        3311(a).
          ``(17) The term `WTC Scientific/Technical Advisory 
        Committee' means such Committee established under 
        section 3302(a).

 ``Subtitle B--Program of Monitoring, Initial Health Evaluations, and 
                               Treatment

                        ``PART 1--WTC RESPONDERS

``SEC. 3311. IDENTIFICATION OF WTC RESPONDERS AND PROVISION OF WTC-
                    RELATED MONITORING SERVICES.

  ``(a) WTC Responder Defined.--
          ``(1) In general.--For purposes of this title, the 
        term `WTC responder' means any of the following 
        individuals, subject to paragraph (4):
                  ``(A) Currently identified responder.--An 
                individual who has been identified as eligible 
                for monitoring under the arrangements as in 
                effect on the date of the enactment of this 
                title between the National Institute for 
                Occupational Safety and Health and--
                          ``(i) the consortium coordinated by 
                        Mt. Sinai Hospital in New York City 
                        that coordinates the monitoring and 
                        treatment for enrolled WTC responders 
                        other than with respect to those 
                        covered under the arrangement with the 
                        Fire Department of New York City; or
                          ``(ii) the Fire Department of New 
                        York City.
                  ``(B) Responder who meets current eligibility 
                criteria.--An individual who meets the current 
                eligibility criteria described in paragraph 
                (2).
                  ``(C) Responder who meets modified 
                eligibility criteria.--An individual who--
                          ``(i) performed rescue, recovery, 
                        demolition, debris cleanup, or other 
                        related services in the New York City 
                        disaster area in response to the 
                        September 11, 2001, terrorist attacks, 
                        regardless of whether such services 
                        were performed by a State or Federal 
                        employee or member of the National 
                        Guard or otherwise; and
                          ``(ii) meets such eligibility 
                        criteria relating to exposure to 
                        airborne toxins, other hazards, or 
                        adverse conditions resulting from the 
                        September 11, 2001, terrorist attacks 
                        as the WTC Program Administrator, after 
                        consultation with the WTC Scientific/
                        Technical Advisory Committee, 
                        determines appropriate.
                The WTC Program Administrator shall not modify 
                such eligibility criteria on or after the date 
                that the number of enrollments of WTC 
                responders has reached 80 percent of the limit 
                described in paragraph (4) or on or after the 
                date that the number of certifications for 
                certified-eligible WTC survivors under section 
                3321(a)(2)(B) has reached 80 percent of the 
                limit described in section 3321(a)(3).
          ``(2) Current eligibility criteria.--The eligibility 
        criteria described in this paragraph for an individual 
        is that the individual is described in any of the 
        following categories:
                  ``(A) Firefighters and related personnel.--
                The individual--
                          ``(i) was a member of the Fire 
                        Department of New York City (whether 
                        fire or emergency personnel, active or 
                        retired) who participated at least one 
                        day in the rescue and recovery effort 
                        at any of the former World Trade Center 
                        sites (including Ground Zero, Staten 
                        Island Landfill, and the New York City 
                        Chief Medical Examiner's Office) for 
                        any time during the period beginning on 
                        September 11, 2001, and ending on July 
                        31, 2002; or
                          ``(ii)(I) is a surviving immediate 
                        family member of an individual who was 
                        a member of the Fire Department of New 
                        York City (whether fire or emergency 
                        personnel, active or retired) and was 
                        killed at the World Trade site on 
                        September 11, 2001; and
                          ``(II) received any treatment for a 
                        WTC-related health condition described 
                        in section 3312(a)(1)(A)(ii) (relating 
                        to mental health conditions) on or 
                        before September 1, 2008.
                  ``(B) Law enforcement officers and wtc 
                rescue, recovery, and cleanup workers.--The 
                individual--
                          ``(i) worked or volunteered onsite in 
                        rescue, recovery, debris cleanup, or 
                        related support services in lower 
                        Manhattan (south of Canal St.), the 
                        Staten Island Landfill, or the barge 
                        loading piers, for at least 4 hours 
                        during the period beginning on 
                        September 11, 2001, and ending on 
                        September 14, 2001, for at least 24 
                        hours during the period beginning on 
                        September 11, 2001, and ending on 
                        September 30, 2001, or for at least 80 
                        hours during the period beginning on 
                        September 11, 2001, and ending on July 
                        31, 2002;
                          ``(ii)(I) was a member of the Police 
                        Department of New York City (whether 
                        active or retired) or a member of the 
                        Port Authority Police of the Port 
                        Authority of New York and New Jersey 
                        (whether active or retired) who 
                        participated onsite in rescue, 
                        recovery, debris cleanup, or related 
                        services in lower Manhattan (south of 
                        Canal St.), including Ground Zero, the 
                        Staten Island Landfill, or the barge 
                        loading piers, for at least 4 hours 
                        during the period beginning September 
                        11, 2001, and ending on September 14, 
                        2001;
                          ``(II) participated onsite in rescue, 
                        recovery, debris cleanup, or related 
                        services in at Ground Zero, the Staten 
                        Island Landfill, or the barge loading 
                        piers, for at least one day during the 
                        period beginning on September 11, 2001, 
                        and ending on July 31, 2002;
                          ``(III) participated onsite in 
                        rescue, recovery, debris cleanup, or 
                        related services in lower Manhattan 
                        (south of Canal St.) for at least 24 
                        hours during the period beginning on 
                        September 11, 2001, and ending on 
                        September 30, 2001; or
                          ``(IV) participated onsite in rescue, 
                        recovery, debris cleanup, or related 
                        services in lower Manhattan (south of 
                        Canal St.) for at least 80 hours during 
                        the period beginning on September 11, 
                        2001, and ending on July 31, 2002;
                          ``(iii) was an employee of the Office 
                        of the Chief Medical Examiner of New 
                        York City involved in the examination 
                        and handling of human remains from the 
                        World Trade Center attacks, or other 
                        morgue worker who performed similar 
                        post-September 11 functions for such 
                        Office staff, during the period 
                        beginning on September 11, 2001, and 
                        ending on July 31, 2002;
                          ``(iv) was a worker in the Port 
                        Authority Trans-Hudson Corporation 
                        Tunnel for at least 24 hours during the 
                        period beginning on February 1, 2002, 
                        and ending on July 1, 2002; or
                          ``(v) was a vehicle-maintenance 
                        worker who was exposed to debris from 
                        the former World Trade Center while 
                        retrieving, driving, cleaning, 
                        repairing, and maintaining vehicles 
                        contaminated by airborne toxins from 
                        the September 11, 2001, terrorist 
                        attacks during a duration and period 
                        described in subparagraph (A).
                  ``(C) Responders to the september 11 attacks 
                at the pentagon and shanksville, 
                pennsylvania.--The individual--
                          ``(i)(I) was a member of a fire or 
                        police department (whether fire or 
                        emergency personnel, active or 
                        retired), worked for a recovery or 
                        cleanup contractor, or was a volunteer; 
                        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
                          ``(II) was a member of a fire or 
                        police department (whether fire or 
                        emergency personnel, active or 
                        retired), worked for a recovery or 
                        cleanup contractor, or was a volunteer; 
                        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
                          ``(ii) is determined by the WTC 
                        Program Administrator to be at an 
                        increased risk of developing a WTC-
                        related health condition as a result of 
                        exposure to airborne toxins, other 
                        hazards, or adverse conditions 
                        resulting from the September 11, 2001, 
                        terrorist attacks, and meets such 
                        eligibility criteria related to such 
                        exposures, as the WTC Program 
                        Administrator determines are 
                        appropriate, after consultation with 
                        the WTC Scientific/Technical Advisory 
                        Committee.
          ``(3) Enrollment process.--
                  ``(A) In general.--The WTC Program 
                Administrator shall establish a process for 
                enrolling WTC responders in the WTC Program. 
                Under such process--
                          ``(i) WTC responders described in 
                        paragraph (1)(A) shall be deemed to be 
                        enrolled in such Program;
                          ``(ii) subject to clause (iii), the 
                        Administrator shall enroll in such 
                        program individuals who are determined 
                        to be WTC responders;
                          ``(iii) the Administrator shall deny 
                        such enrollment to an individual if the 
                        Administrator determines that the 
                        numerical limitation in paragraph (4) 
                        on enrollment of WTC responders has 
                        been met;
                          ``(iv) there shall be no fee charged 
                        to the applicant for making an 
                        application for such enrollment;
                          ``(v) the Administrator shall make a 
                        determination on such an application 
                        not later than 60 days after the date 
                        of filing the application; and
                          ``(vi) an individual who is denied 
                        enrollment in such Program shall have 
                        an opportunity to appeal such 
                        determination in a manner established 
                        under such process.
                  ``(B) Timing.--
                          ``(i) Currently identified 
                        responders.--In accordance with 
                        subparagraph (A)(i), the WTC Program 
                        Administrator shall enroll an 
                        individual described in paragraph 
                        (1)(A) in the WTC Program not later 
                        than July 1, 2011.
                          ``(ii) Other responders.--In 
                        accordance with subparagraph (A)(ii) 
                        and consistent with paragraph (4), the 
                        WTC Program Administrator shall enroll 
                        any other individual who is determined 
                        to be a WTC responder in the WTC 
                        Program at the time of such 
                        determination.
          ``(4) Numerical limitation on eligible wtc 
        responders.--
                  ``(A) In general.--The total number of 
                individuals not described in paragraph (1)(A) 
                or (2)(A)(ii) who may be enrolled under 
                paragraph (3)(A)(ii) shall not exceed 25,000 at 
                any time, of which no more than 2,500 may be 
                individuals enrolled based on modified 
                eligibility criteria established under 
                paragraph (1)(C).
                  ``(B) Process.--In implementing subparagraph 
                (A), the WTC Program Administrator shall--
                          ``(i) limit the number of enrollments 
                        made under paragraph (3)--
                                  ``(I) in accordance with such 
                                subparagraph; and
                                  ``(II) to such number, as 
                                determined by the Administrator 
                                based on the best available 
                                information and subject to 
                                amounts available under section 
                                3351, that will ensure 
                                sufficient funds will be 
                                available to provide treatment 
                                and monitoring benefits under 
                                this title, with respect to all 
                                individuals who are enrolled 
                                through the end of fiscal year 
                                2020; and
                          ``(ii) provide priority (subject to 
                        paragraph (3)(A)(i)) in such 
                        enrollments in the order in which 
                        individuals apply for enrollment under 
                        paragraph (3).
          ``(5) Disqualification of individuals on terrorist 
        watch list.--No individual who is on the terrorist 
        watch list maintained by the Department of Homeland 
        Security shall qualify as an eligible WTC responder. 
        Before enrolling any individual as a WTC responder in 
        the WTC Program under paragraph (3), the Administrator, 
        in consultation with the Secretary of Homeland 
        Security, shall determine whether the individual is on 
        such list.
  ``(b) Monitoring Benefits.--
          ``(1) In general.--In the case of an enrolled WTC 
        responder (other than one described in subsection 
        (a)(2)(A)(ii)), the WTC Program shall provide for 
        monitoring benefits that include monitoring consistent 
        with protocols approved by the WTC Program 
        Administrator and including clinical examinations and 
        long-term health monitoring and analysis. In the case 
        of an enrolled WTC responder who is an active member of 
        the Fire Department of New York City, the responder 
        shall receive such benefits as part of the individual's 
        periodic company medical exams.
          ``(2) Provision of monitoring benefits.--The 
        monitoring benefits under paragraph (1) shall be 
        provided through the Clinical Center of Excellence for 
        the type of individual involved or, in the case of an 
        individual residing outside the New York metropolitan 
        area, under an arrangement under section 3313.

``SEC. 3312. TREATMENT OF ENROLLED WTC RESPONDERS FOR WTC-RELATED 
                    HEALTH CONDITIONS.

  ``(a) WTC-Related Health Condition Defined.--
          ``(1) In general.--For purposes of this title, the 
        term `WTC-related health condition' means a condition 
        that--
                  ``(A)(i) is an illness or health condition 
                for which exposure to airborne toxins, any 
                other hazard, or any other adverse condition 
                resulting from the September 11, 2001, 
                terrorist attacks, based on an examination by a 
                medical professional with experience in 
                treating or diagnosing the health conditions 
                included in the applicable list of WTC-related 
                health conditions, is substantially likely to 
                be a significant factor in aggravating, 
                contributing to, or causing the illness or 
                health condition, as determined under paragraph 
                (2); or
                  ``(ii) is a mental health condition for which 
                such attacks, based on an examination by a 
                medical professional with experience in 
                treating or diagnosing the health conditions 
                included in the applicable list of WTC-related 
                health conditions, is substantially likely to 
                be a significant factor in aggravating, 
                contributing to, or causing the condition, as 
                determined under paragraph (2); and
                  ``(B) is included in the applicable list of 
                WTC-related health conditions or--
                          ``(i) with respect to a WTC 
                        responder, is provided certification of 
                        coverage under subsection 
                        (b)(2)(B)(iii); or
                          ``(ii) with respect to a screening-
                        eligible WTC survivor or certified-
                        eligible WTC survivor, is provided 
                        certification of coverage under 
                        subsection (b)(2)(B)(iii), as applied 
                        under section 3322(a).
        In the case of a WTC responder described in section 
        3311(a)(2)(A)(ii) (relating to a surviving immediate 
        family member of a firefighter), such term does not 
        include an illness or health condition described in 
        subparagraph (A)(i).
          ``(2) Determination.--The determination under 
        paragraph (1) or subsection (b) of whether the 
        September 11, 2001, terrorist attacks were 
        substantially likely to be a significant factor in 
        aggravating, contributing to, or causing an 
        individual's illness or health condition shall be made 
        based on an assessment of the following:
                  ``(A) The individual's exposure to airborne 
                toxins, any other hazard, or any other adverse 
                condition resulting from the terrorist attacks. 
                Such exposure shall be--
                          ``(i) evaluated and characterized 
                        through the use of a standardized, 
                        population-appropriate questionnaire 
                        approved by the Director of the 
                        National Institute for Occupational 
                        Safety and Health; and
                          ``(ii) assessed and documented by a 
                        medical professional with experience in 
                        treating or diagnosing health 
                        conditions included on the list of WTC-
                        related health conditions.
                  ``(B) The type of symptoms and temporal 
                sequence of symptoms. Such symptoms shall be--
                          ``(i) assessed through the use of a 
                        standardized, population-appropriate 
                        medical questionnaire approved by the 
                        Director of the National Institute for 
                        Occupational Safety and Health and a 
                        medical examination; and
                          ``(ii) diagnosed and documented by a 
                        medical professional described in 
                        subparagraph (A)(ii).
          ``(3) List of health conditions for wtc responders.--
        The list of health conditions for WTC responders 
        consists of the following:
                  ``(A) Aerodigestive disorders.--
                          ``(i) Interstitial lung diseases.
                          ``(ii) Chronic respiratory disorder--
                        fumes/vapors.
                          ``(iii) Asthma.
                          ``(iv) Reactive airways dysfunction 
                        syndrome (RADS).
                          ``(v) WTC-exacerbated chronic 
                        obstructive pulmonary disease (COPD).
                          ``(vi) Chronic cough syndrome.
                          ``(vii) Upper airway hyperreactivity.
                          ``(viii) Chronic rhinosinusitis.
                          ``(ix) Chronic nasopharyngitis.
                          ``(x) Chronic laryngitis.
                          ``(xi) Gastroesophageal reflux 
                        disorder (GERD).
                          ``(xii) Sleep apnea exacerbated by or 
                        related to a condition described in a 
                        previous clause.
                  ``(B) Mental health conditions.--
                          ``(i) Posttraumatic stress disorder 
                        (PTSD).
                          ``(ii) Major depressive disorder.
                          ``(iii) Panic disorder.
                          ``(iv) Generalized anxiety disorder.
                          ``(v) Anxiety disorder (not otherwise 
                        specified).
                          ``(vi) Depression (not otherwise 
                        specified).
                          ``(vii) Acute stress disorder.
                          ``(viii) Dysthymic disorder.
                          ``(ix) Adjustment disorder.
                          ``(x) Substance abuse.
                  ``(C) Musculoskeletal disorders for certain 
                wtc responders.--In the case of a WTC responder 
                described in paragraph (4), a condition 
                described in such paragraph.
                  ``(D) Additional conditions.--Any cancer (or 
                type of cancer) or other condition added, 
                pursuant to paragraph (5) or (6), to the list 
                under this paragraph.
          ``(4) Musculoskeletal disorders.--
                  ``(A) In general.--For purposes of this 
                title, in the case of a WTC responder who 
                received any treatment for a WTC-related 
                musculoskeletal disorder on or before September 
                11, 2003, the list of health conditions in 
                paragraph (3) shall include:
                          ``(i) Low back pain.
                          ``(ii) Carpal tunnel syndrome (CTS).
                          ``(iii) Other musculoskeletal 
                        disorders.
                  ``(B) Definition.--The term `WTC-related 
                musculoskeletal disorder' means a chronic or 
                recurrent disorder of the musculoskeletal 
                system caused by heavy lifting or repetitive 
                strain on the joints or musculoskeletal system 
                occurring during rescue or recovery efforts in 
                the New York City disaster area in the 
                aftermath of the September 11, 2001, terrorist 
                attacks.
          ``(5) Cancer.--
                  ``(A) In general.--The WTC Program 
                Administrator shall periodically conduct a 
                review of all available scientific and medical 
                evidence, including findings and 
                recommendations of Clinical Centers of 
                Excellence, published in peer-reviewed journals 
                to determine if, based on such evidence, cancer 
                or a certain type of cancer should be added to 
                the applicable list of WTC-related health 
                conditions. The WTC Program Administrator shall 
                conduct the first review under this 
                subparagraph not later than 180 days after the 
                date of the enactment of this title.
                  ``(B) Proposed regulations and rulemaking.--
                Based on the periodic reviews under 
                subparagraph (A), if the WTC Program 
                Administrator determines that cancer or a 
                certain type of cancer should be added to such 
                list of WTC-related health conditions, the WTC 
                Program Administrator shall propose 
                regulations, through rulemaking, to add cancer 
                or the certain type of cancer to such list.
                  ``(C) Final regulations.--Based on all the 
                available evidence in the rulemaking record, 
                the WTC Program Administrator shall make a 
                final determination of whether cancer or a 
                certain type of cancer should be added to such 
                list of WTC-related health conditions. If such 
                a determination is made to make such an 
                addition, the WTC Program Administrator shall 
                by regulation add cancer or the certain type of 
                cancer to such list.
                  ``(D) Determinations not to add cancer or 
                certain types of cancer.--In the case that the 
                WTC Program Administrator determines under 
                subparagraph (B) or (C) that cancer or a 
                certain type of cancer should not be added to 
                such list of WTC-related health conditions, the 
                WTC Program Administrator shall publish an 
                explanation for such determination in the 
                Federal Register. Any such determination to not 
                make such an addition shall not preclude the 
                addition of cancer or the certain type of 
                cancer to such list at a later date.
          ``(6) Addition of health conditions to list for wtc 
        responders.--
                  ``(A) In general.--Whenever the WTC Program 
                Administrator determines that a proposed rule 
                should be promulgated to add a health condition 
                to the list of health conditions in paragraph 
                (3), the Administrator may request a 
                recommendation of the Advisory Committee or may 
                publish such a proposed rule in the Federal 
                Register in accordance with subparagraph (D).
                  ``(B) Administrator's options after receipt 
                of petition.--In the case that the WTC Program 
                Administrator receives a written petition by an 
                interested party to add a health condition to 
                the list of health conditions in paragraph (3), 
                not later than 60 days after the date of 
                receipt of such petition the Administrator 
                shall--
                          ``(i) request a recommendation of the 
                        Advisory Committee;
                          ``(ii) publish a proposed rule in the 
                        Federal Register to add such health 
                        condition, in accordance with 
                        subparagraph (D);
                          ``(iii) publish in the Federal 
                        Register the Administrator's 
                        determination not to publish such a 
                        proposed rule and the basis for such 
                        determination; or
                          ``(iv) publish in the Federal 
                        Register a determination that 
                        insufficient evidence exists to take 
                        action under clauses (i) through (iii).
                  ``(C) Action by advisory committee.--In the 
                case that the Administrator requests a 
                recommendation of the Advisory Committee under 
                this paragraph, with respect to adding a health 
                condition to the list in paragraph (3), the 
                Advisory Committee shall submit to the 
                Administrator such recommendation not later 
                than 60 days after the date of such request or 
                by such date (not to exceed 180 days after such 
                date of request) as specified by the 
                Administrator. Not later than 60 days after the 
                date of receipt of such recommendation, the 
                Administrator shall, in accordance with 
                subparagraph (D), publish in the Federal 
                Register a proposed rule with respect to such 
                recommendation or a determination not to 
                propose such a proposed rule and the basis for 
                such determination.
                  ``(D) Publication.--The WTC Program 
                Administrator shall, with respect to any 
                proposed rule under this paragraph--
                          ``(i) publish such proposed rule in 
                        accordance with section 553 of title 5, 
                        United States Code; and
                          ``(ii) provide interested parties a 
                        period of 30 days after such 
                        publication to submit written comments 
                        on the proposed rule.
                The WTC Program Administrator may extend the 
                period described in clause (ii) upon a finding 
                of good cause. In the case of such an 
                extension, the Administrator shall publish such 
                extension in the Federal Register.
                  ``(E) Interested party defined.--For purposes 
                of this paragraph, the term `interested party' 
                includes a representative of any organization 
                representing WTC responders, a nationally 
                recognized medical association, a Clinical or 
                Data Center, a State or political subdivision, 
                or any other interested person.
  ``(b) Coverage of Treatment for WTC-Related Health 
Conditions.--
          ``(1) Determination for enrolled wtc responders based 
        on a wtc-related health condition.--
                  ``(A) In general.--If a physician at a 
                Clinical Center of Excellence that is providing 
                monitoring benefits under section 3311 for an 
                enrolled WTC responder makes a determination 
                that the responder has a WTC-related health 
                condition that is in the list in subsection 
                (a)(3) and that exposure to airborne toxins, 
                other hazards, or adverse conditions resulting 
                from the September 1, 2001, terrorist attacks 
                is substantially likely to be a significant 
                factor in aggravating, contributing to, or 
                causing the condition--
                          ``(i) the physician shall promptly 
                        transmit such determination to the WTC 
                        Program Administrator and provide the 
                        Administrator with the medical facts 
                        supporting such determination; and
                          ``(ii) on and after the date of such 
                        transmittal and subject to subparagraph 
                        (B), the WTC Program shall provide for 
                        payment under subsection (c) for 
                        medically necessary treatment for such 
                        condition.
                  ``(B) Review; certification; appeals.--
                          ``(i) Review.--A Federal employee 
                        designated by the WTC Program 
                        Administrator shall review 
                        determinations made under subparagraph 
                        (A).
                          ``(ii) Certification.--The 
                        Administrator shall provide a 
                        certification of such condition based 
                        upon reviews conducted under clause 
                        (i). Such a certification shall be 
                        provided unless the Administrator 
                        determines that the responder's 
                        condition is not a WTC-related health 
                        condition in the list in subsection 
                        (a)(3) or that exposure to airborne 
                        toxins, other hazards, or adverse 
                        conditions resulting from the September 
                        1, 2001, terrorist attacks is not 
                        substantially likely to be a 
                        significant factor in aggravating, 
                        contributing to, or causing the 
                        condition.
                          ``(iii) Appeal process.--The 
                        Administrator shall establish, by rule, 
                        a process for the appeal of 
                        determinations under clause (ii).
          ``(2) Determination based on medically associated 
        wtc-related health conditions.--
                  ``(A) In general.--If a physician at a 
                Clinical Center of Excellence determines 
                pursuant to subsection (a) that the enrolled 
                WTC responder has a health condition described 
                in subsection (a)(1)(A) that is not in the list 
                in subsection (a)(3) but which is medically 
                associated with a WTC-related health 
                condition--
                          ``(i) the physician shall promptly 
                        transmit such determination to the WTC 
                        Program Administrator and provide the 
                        Administrator with the facts supporting 
                        such determination; and
                          ``(ii) the Administrator shall make a 
                        determination under subparagraph (B) 
                        with respect to such physician's 
                        determination.
                  ``(B) Procedures for review, certification, 
                and appeal.--The WTC Program Administrator 
                shall, by rule, establish procedures for the 
                review and certification of physician 
                determinations under subparagraph (A). Such 
                rule shall provide for--
                          ``(i) the timely review of such a 
                        determination by a physician panel with 
                        appropriate expertise for the condition 
                        and recommendations to the WTC Program 
                        Administrator;
                          ``(ii) not later than 60 days after 
                        the date of the transmittal under 
                        subparagraph (A)(i), a determination by 
                        the WTC Program Administrator on 
                        whether or not the condition involved 
                        is described in subsection (a)(1)(A) 
                        and is medically associated with a WTC-
                        related health condition;
                          ``(iii) certification in accordance 
                        with paragraph (1)(B)(ii) of coverage 
                        of such condition if determined to be 
                        described in subsection (a)(1)(A) and 
                        medically associated with a WTC-related 
                        health condition; and
                          ``(iv) a process for appeals of 
                        determinations relating to such 
                        conditions.
                  ``(C) Inclusion in list of health 
                conditions.--If the WTC Program Administrator 
                provides certification under subparagraph 
                (B)(iii) for coverage of a condition, the 
                Administrator may, pursuant to subsection 
                (a)(6), add the condition to the list in 
                subsection (a)(3).
                  ``(D) Conditions already declined for 
                inclusion in list.--If the WTC Program 
                Administrator publishes a determination under 
                subsection (a)(6)(B) not to include a condition 
                in the list in subsection (a)(3), the WTC 
                Program Administrator shall not provide 
                certification under subparagraph (B)(iii) for 
                coverage of the condition. In the case of an 
                individual who is certified under subparagraph 
                (B)(iii) with respect to such condition before 
                the date of the publication of such 
                determination the previous sentence shall not 
                apply.
          ``(3) Requirement of medical necessity.--
                  ``(A) In general.--In providing treatment for 
                a WTC-related health condition, a physician or 
                other provider shall provide treatment that is 
                medically necessary and in accordance with 
                medical treatment protocols established under 
                subsection (d).
                  ``(B) Regulations relating to medical 
                necessity.--For the purpose of this title, the 
                WTC Program Administrator shall issue 
                regulations specifying a standard for 
                determining medical necessity with respect to 
                health care services and prescription 
                pharmaceuticals, a process for determining 
                whether treatment furnished and pharmaceuticals 
                prescribed under this title meet such standard 
                (including any prior authorization 
                requirement), and a process for appeal of a 
                determination under subsection (c)(3).
          ``(4) Scope of treatment covered.--
                  ``(A) In general.--The scope of treatment 
                covered under this subsection includes services 
                of physicians and other health care providers, 
                diagnostic and laboratory tests, prescription 
                drugs, inpatient and outpatient hospital 
                services, and other medically necessary 
                treatment.
                  ``(B) Pharmaceutical coverage.--With respect 
                to ensuring coverage of medically necessary 
                outpatient prescription drugs, such drugs shall 
                be provided, under arrangements made by the WTC 
                Program Administrator, directly through 
                participating Clinical Centers of Excellence or 
                through one or more outside vendors.
                  ``(C) Transportation expenses for nationwide 
                network.--The WTC Program Administrator may 
                provide for necessary and reasonable 
                transportation and expenses incident to the 
                securing of medically necessary treatment 
                through the nationwide network under section 
                3313 involving travel of more than 250 miles 
                and for which payment is made under this 
                section in the same manner in which individuals 
                may be furnished necessary and reasonable 
                transportation and expenses incident to 
                services involving travel of more than 250 
                miles under regulations implementing section 
                3629(c) of the Energy Employees Occupational 
                Illness Compensation Program Act of 2000 (title 
                XXXVI of Public Law 106-398; 42 U.S.C. 
                7384t(c)).
          ``(5) Provision of treatment pending certification.--
        With respect to an enrolled WTC responder for whom a 
        determination is made by an examining physician under 
        paragraph (1) or (2), but for whom the WTC Program 
        Administrator has not yet determined whether to certify 
        the determination, the WTC Program Administrator may 
        establish by rule a process through which the 
        Administrator may approve the provision of medical 
        treatment under this subsection (and payment under 
        subsection (c)) with respect to such responder and such 
        responder's WTC-related health condition (under such 
        terms and conditions as the Administrator may provide) 
        until the Administrator makes a decision on whether to 
        certify the determination.
  ``(c) Payment for Initial Health Evaluation, Monitoring, and 
Treatment of WTC-Related Health Conditions.--
          ``(1) Medical treatment.--
                  ``(A) Use of feca payment rates.--Subject to 
                subparagraphs (B) and (C), the WTC Program 
                Administrator shall reimburse costs for 
                medically necessary treatment under this title 
                for WTC-related health conditions according to 
                the payment rates that would apply to the 
                provision of such treatment and services by the 
                facility under the Federal Employees 
                Compensation Act. For treatment not covered 
                under the previous sentence or subparagraph 
                (B), the WTC Program Administrator shall 
                establish by regulation a reimbursement rate 
                for such treatment.
                  ``(B) Pharmaceuticals.--
                          ``(i) In general.--The WTC Program 
                        Administrator shall establish a program 
                        for paying for the medically necessary 
                        outpatient prescription pharmaceuticals 
                        prescribed under this title for WTC-
                        related health conditions through one 
                        or more contracts with outside vendors.
                          ``(ii) Competitive bidding.--Under 
                        such program the Administrator shall--
                                  ``(I) select one or more 
                                appropriate vendors through a 
                                Federal competitive bid 
                                process; and
                                  ``(II) select the lowest 
                                bidder (or bidders) meeting the 
                                requirements for providing 
                                pharmaceutical benefits for 
                                participants in the WTC 
                                Program.
                          ``(iii) Treatment of fdny 
                        participants.--Under such program the 
                        Administrator may enter into an 
                        agreement with a separate vendor to 
                        provide pharmaceutical benefits to 
                        enrolled WTC responders for whom the 
                        Clinical Center of Excellence is 
                        described in section 3305 if such an 
                        arrangement is deemed necessary and 
                        beneficial to the program by the WTC 
                        Program Administrator.
                  ``(C) Improving quality and efficiency 
                through modification of payment amounts and 
                methodologies.--The WTC Program Administrator 
                may modify the amounts and methodologies for 
                making payments for initial health evaluations, 
                monitoring, or treatment, if, taking into 
                account utilization and quality data furnished 
                by the Clinical Centers of Excellence under 
                section 3305(b)(1)(B)(iii), the Administrator 
                determines that a bundling, capitation, pay for 
                performance, or other payment methodology would 
                better ensure high quality and efficient 
                delivery of initial health evaluations, 
                monitoring, or treatment to an enrolled WTC 
                responder, screening-eligible WTC survivor, or 
                certified-eligible WTC survivor.
          ``(2) Monitoring and initial health evaluation.--The 
        WTC Program Administrator shall reimburse the costs of 
        monitoring and the costs of an initial health 
        evaluation provided under this title at a rate set by 
        the Administrator by regulation.
          ``(3) Determination of medical necessity.--
                  ``(A) Review of medical necessity and 
                protocols.--As part of the process for 
                reimbursement or payment under this subsection, 
                the WTC Program Administrator shall provide for 
                the review of claims for reimbursement or 
                payment for the provision of medical treatment 
                to determine if such treatment is medically 
                necessary and in accordance with medical 
                treatment protocols established under 
                subsection (d).
                  ``(B) Withholding of payment for medically 
                unnecessary treatment.--The Administrator shall 
                withhold such reimbursement or payment for 
                treatment that the Administrator determines is 
                not medically necessary or is not in accordance 
                with such medical treatment protocols.
  ``(d) Medical Treatment Protocols.--
          ``(1) Development.--The Data Centers shall develop 
        medical treatment protocols for the treatment of 
        enrolled WTC responders and certified-eligible WTC 
        survivors for health conditions included in the 
        applicable list of WTC-related health conditions.
          ``(2) Approval.--The medical treatment protocols 
        developed under paragraph (1) shall be subject to 
        approval by the WTC Program Administrator.

``SEC. 3313. NATIONAL ARRANGEMENT FOR BENEFITS FOR ELIGIBLE INDIVIDUALS 
                    OUTSIDE NEW YORK.

  ``(a) In General.--In order to ensure reasonable access to 
benefits under this subtitle for individuals who are enrolled 
WTC responders, screening-eligible WTC survivors, or certified-
eligible WTC survivors and who reside in any State, as defined 
in section 2(f), outside the New York metropolitan area, the 
WTC Program Administrator shall establish a nationwide network 
of health care providers to provide monitoring and treatment 
benefits and initial health evaluations near such individuals' 
areas of residence in such States. Nothing in this subsection 
shall be construed as preventing such individuals from being 
provided such monitoring and treatment benefits or initial 
health evaluation through any Clinical Center of Excellence.
  ``(b) Network Requirements.--Any health care provider 
participating in the network under subsection (a) shall--
          ``(1) meet criteria for credentialing established by 
        the Data Centers;
          ``(2) follow the monitoring, initial health 
        evaluation, and treatment protocols developed under 
        section 3305(a)(2)(A)(ii);
          ``(3) collect and report data in accordance with 
        section 3304; and
          ``(4) meet such fraud, quality assurance, and other 
        requirements as the WTC Program Administrator 
        establishes, including sections 1128 through 1128E of 
        the Social Security Act, as applied by section 3301(d).
  ``(c) Training and Technical Assistance.--The WTC Program 
Administer may provide, including through contract, for the 
provision of training and technical assistance to health care 
providers participating in the network under subsection (a).

                        ``PART 2--WTC SURVIVORS

``SEC. 3321. IDENTIFICATION AND INITIAL HEALTH EVALUATION OF SCREENING-
                    ELIGIBLE AND CERTIFIED-ELIGIBLE WTC SURVIVORS.

  ``(a) Identification of Screening-Eligible WTC Survivors and 
Certified-Eligible WTC Survivors.--
          ``(1) Screening-eligible wtc survivors.--
                  ``(A) Definition.--In this title, the term 
                `screening-eligible WTC survivor' means, 
                subject to subparagraph (C) and paragraph (3), 
                an individual who is described in any of the 
                following clauses:
                          ``(i) Currently identified 
                        survivor.--An individual, including a 
                        WTC responder, who has been identified 
                        as eligible for medical treatment and 
                        monitoring by the WTC Environmental 
                        Health Center as of the date of 
                        enactment of this title.
                          ``(ii) Survivor who meets current 
                        eligibility criteria.--An individual 
                        who is not a WTC responder, for 
                        purposes of the initial health 
                        evaluation under subsection (b), claims 
                        symptoms of a WTC-related health 
                        condition and meets any of the current 
                        eligibility criteria described in 
                        subparagraph (B).
                          ``(iii) Survivor who meets modified 
                        eligibility criteria.--An individual 
                        who is not a WTC responder, for 
                        purposes of the initial health 
                        evaluation under subsection (b), claims 
                        symptoms of a WTC-related health 
                        condition and meets such eligibility 
                        criteria relating to exposure to 
                        airborne toxins, other hazards, or 
                        adverse conditions resulting from the 
                        September 11, 2001, terrorist attacks 
                        as the WTC Administrator determines, 
                        after consultation with the Data 
                        Centers described in section 3305 and 
                        the WTC Scientific/Technical Advisory 
                        Committee and WTC Health Program 
                        Steering Committees under section 3302.
                The Administrator shall not modify such 
                criteria under clause (iii) on or after the 
                date that the number of certifications for 
                certified-eligible WTC survivors under 
                paragraph (2)(B) has reached 80 percent of the 
                limit described in paragraph (3) or on or after 
                the date that the number of enrollments of WTC 
                responders has reached 80 percent of the limit 
                described in section 3311(a)(4).
                  ``(B) Current eligibility criteria.--The 
                eligibility criteria described in this 
                subparagraph for an individual are that the 
                individual is described in any of the following 
                clauses:
                          ``(i) A person who was present in the 
                        New York City disaster area in the dust 
                        or dust cloud on September 11, 2001.
                          ``(ii) A person who worked, resided, 
                        or attended school, childcare, or adult 
                        daycare in the New York City disaster 
                        area for--
                                  ``(I) at least 4 days during 
                                the 4-month period beginning on 
                                September 11, 2001, and ending 
                                on January 10, 2002; or
                                  ``(II) at least 30 days 
                                during the period beginning on 
                                September 11, 2001, and ending 
                                on July 31, 2002.
                          ``(iii) Any person who worked as a 
                        cleanup worker or performed maintenance 
                        work in the New York City disaster area 
                        during the 4-month period described in 
                        subparagraph (B)(i) and had extensive 
                        exposure to WTC dust as a result of 
                        such work.
                          ``(iv) A person who was deemed 
                        eligible to receive a grant from the 
                        Lower Manhattan Development Corporation 
                        Residential Grant Program, who 
                        possessed a lease for a residence or 
                        purchased a residence in the New York 
                        City disaster area, and who resided in 
                        such residence during the period 
                        beginning on September 11, 2001, and 
                        ending on May 31, 2003.
                          ``(v) A person whose place of 
                        employment--
                                  ``(I) at any time during the 
                                period beginning on September 
                                11, 2001, and ending on May 31, 
                                2003, was in the New York City 
                                disaster area; and
                                  ``(II) was deemed eligible to 
                                receive a grant from the Lower 
                                Manhattan Development 
                                Corporation WTC Small Firms 
                                Attraction and Retention Act 
                                program or other government 
                                incentive program designed to 
                                revitalize the lower Manhattan 
                                economy after the September 11, 
                                2001, terrorist attacks.
                  ``(C) Application and determination process 
                for screening eligibility.--
                          ``(i) In general.--The WTC Program 
                        Administrator in consultation with the 
                        Data Centers shall establish a process 
                        for individuals, other than individuals 
                        described in subparagraph (A)(i), to be 
                        determined to be screening-eligible WTC 
                        survivors. Under such process--
                                  ``(I) there shall be no fee 
                                charged to the applicant for 
                                making an application for such 
                                determination;
                                  ``(II) the Administrator 
                                shall make a determination on 
                                such an application not later 
                                than 60 days after the date of 
                                filing the application;
                                  ``(III) the Administrator 
                                shall make such a determination 
                                relating to an applicant's 
                                compliance with this title and 
                                shall not determine that an 
                                individual is not so eligible 
                                or deny written documentation 
                                under clause (ii) to such 
                                individual unless the 
                                Administrator determines that--
                                          ``(aa) based on the 
                                        application submitted, 
                                        the individual does not 
                                        meet the eligibility 
                                        criteria; or
                                          ``(bb) the numerical 
                                        limitation on 
                                        certifications of 
                                        certified-eligible WTC 
                                        survivors set forth in 
                                        paragraph (3) has been 
                                        met; and
                                  ``(IV) an individual who is 
                                determined not to be a 
                                screening-eligible WTC survivor 
                                shall have an opportunity to 
                                appeal such determination in a 
                                manner established under such 
                                process.
                          ``(ii) Written documentation of 
                        screening-eligibility.--
                                  ``(I) In general.--In the 
                                case of an individual who is 
                                described in subparagraph 
                                (A)(i) or who is determined 
                                under clause (i) (consistent 
                                with paragraph (3)) to be a 
                                screening-eligible WTC 
                                survivor, the WTC Program 
                                Administrator shall provide an 
                                appropriate written 
                                documentation of such fact.
                                  ``(II) Timing.--
                                          ``(aa) Currently 
                                        identified survivors.--
                                        In the case of an 
                                        individual who is 
                                        described in 
                                        subparagraph (A)(i), 
                                        the WTC Program 
                                        Administrator shall 
                                        provide the written 
                                        documentation under 
                                        subclause (I) not later 
                                        than July 1, 2011.
                                          ``(bb) Other 
                                        members.--In the case 
                                        of another individual 
                                        who is determined under 
                                        clause (i) and 
                                        consistent with 
                                        paragraph (3) to be a 
                                        screening-eligible WTC 
                                        survivor, the WTC 
                                        Program Administrator 
                                        shall provide the 
                                        written documentation 
                                        under subclause (I) at 
                                        the time of such 
                                        determination.
          ``(2) Certified-eligible wtc survivors.--
                  ``(A) Definition.--The term `certified-
                eligible WTC survivor' means, subject to 
                paragraph (3), a screening-eligible WTC 
                survivor who the WTC Program Administrator 
                certifies under subparagraph (B) to be eligible 
                for followup monitoring and treatment under 
                this part.
                  ``(B) Certification of eligibility for 
                monitoring and treatment.--
                          ``(i) In general.--The WTC Program 
                        Administrator shall establish a 
                        certification process under which the 
                        Administrator shall provide appropriate 
                        certification to screening-eligible WTC 
                        survivors who, pursuant to the initial 
                        health evaluation under subsection (b), 
                        are determined to be eligible for 
                        followup monitoring and treatment under 
                        this part.
                          ``(ii) Timing.--
                                  ``(I) Currently identified 
                                survivors.--In the case of an 
                                individual who is described in 
                                paragraph (1)(A)(i), the WTC 
                                Program Administrator shall 
                                provide the certification under 
                                clause (i) not later than July 
                                1, 2011.
                                  ``(II) Other members.--In the 
                                case of another individual who 
                                is determined under clause (i) 
                                to be eligible for followup 
                                monitoring and treatment, the 
                                WTC Program Administrator shall 
                                provide the certification under 
                                such clause at the time of such 
                                determination.
          ``(3) Numerical limitation on certified-eligible wtc 
        survivors.--
                  ``(A) In general.--The total number of 
                individuals not described in paragraph 
                (1)(A)(i) who may be certified as certified-
                eligible WTC survivors under paragraph (2)(B) 
                shall not exceed 25,000 at any time.
                  ``(B) Process.--In implementing subparagraph 
                (A), the WTC Program Administrator shall--
                          ``(i) limit the number of 
                        certifications provided under paragraph 
                        (2)(B)--
                                  ``(I) in accordance with such 
                                subparagraph; and
                                  ``(II) to such number, as 
                                determined by the Administrator 
                                based on the best available 
                                information and subject to 
                                amounts made available under 
                                section 3351, that will ensure 
                                sufficient funds will be 
                                available to provide treatment 
                                and monitoring benefits under 
                                this title, with respect to all 
                                individuals receiving such 
                                certifications through the end 
                                of fiscal year 2020; and
                          ``(ii) provide priority in such 
                        certifications in the order in which 
                        individuals apply for a determination 
                        under paragraph (2)(B).
          ``(4) Disqualification of individuals on terrorist 
        watch list.--No individual who is on the terrorist 
        watch list maintained by the Department of Homeland 
        Security shall qualify as a screening-eligible WTC 
        survivor or a certified-eligible WTC survivor. Before 
        determining any individual to be a screening-eligible 
        WTC survivor under paragraph (1) or certifying any 
        individual as a certified eligible WTC survivor under 
        paragraph (2), the Administrator, in consultation with 
        the Secretary of Homeland Security, shall determine 
        whether the individual is on such list.
  ``(b) Initial Health Evaluation To Determine Eligibility for 
Followup Monitoring or Treatment.--
          ``(1) In general.--In the case of a screening-
        eligible WTC survivor, the WTC Program shall provide 
        for an initial health evaluation to determine if the 
        survivor has a WTC-related health condition and is 
        eligible for followup monitoring and treatment benefits 
        under the WTC Program. Initial health evaluation 
        protocols under section 3305(a)(2)(A)(ii) shall be 
        subject to approval by the WTC Program Administrator.
          ``(2) Initial health evaluation providers.--The 
        initial health evaluation described in paragraph (1) 
        shall be provided through a Clinical Center of 
        Excellence with respect to the individual involved.
          ``(3) Limitation on initial health evaluation 
        benefits.--Benefits for an initial health evaluation 
        under this part for a screening-eligible WTC survivor 
        shall consist only of a single medical initial health 
        evaluation consistent with initial health evaluation 
        protocols described in paragraph (1). Nothing in this 
        paragraph shall be construed as preventing such an 
        individual from seeking additional medical initial 
        health evaluations at the expense of the individual.

``SEC. 3322. FOLLOWUP MONITORING AND TREATMENT OF CERTIFIED-ELIGIBLE 
                    WTC SURVIVORS FOR WTC-RELATED HEALTH CONDITIONS.

  ``(a) In General.--Subject to subsection (b), the provisions 
of sections 3311 and 3312 shall apply to followup monitoring 
and treatment of WTC-related health conditions for certified-
eligible WTC survivors in the same manner as such provisions 
apply to the monitoring and treatment of WTC-related health 
conditions for enrolled WTC responders.
  ``(b) List of WTC-Related Health Conditions for Survivors.--
The list of health conditions for screening-eligible WTC 
survivors and certified-eligible WTC survivors consists of the 
following:
          ``(1) Aerodigestive disorders.--
                  ``(A) Interstitial lung diseases.
                  ``(B) Chronic respiratory disorder--fumes/
                vapors.
                  ``(C) Asthma.
                  ``(D) Reactive airways dysfunction syndrome 
                (RADS).
                  ``(E) WTC-exacerbated chronic obstructive 
                pulmonary disease (COPD).
                  ``(F) Chronic cough syndrome.
                  ``(G) Upper airway hyperreactivity.
                  ``(H) Chronic rhinosinusitis.
                  ``(I) Chronic nasopharyngitis.
                  ``(J) Chronic laryngitis.
                  ``(K) Gastroesophageal reflux disorder 
                (GERD).
                  ``(L) Sleep apnea exacerbated by or related 
                to a condition described in a previous clause.
          ``(2) Mental health conditions.--
                  ``(A) Posttraumatic stress disorder (PTSD).
                  ``(B) Major depressive disorder.
                  ``(C) Panic disorder.
                  ``(D) Generalized anxiety disorder.
                  ``(E) Anxiety disorder (not otherwise 
                specified).
                  ``(F) Depression (not otherwise specified).
                  ``(G) Acute stress disorder.
                  ``(H) Dysthymic disorder.
                  ``(I) Adjustment disorder.
                  ``(J) Substance abuse.
          ``(3) Additional conditions.--Any cancer (or type of 
        cancer) or other condition added to the list in section 
        3312(a)(3) pursuant to paragraph (5) or (6) of section 
        3312(a), as such provisions are applied under 
        subsection (a) with respect to certified-eligible WTC 
        survivors.

``SEC. 3323. FOLLOWUP MONITORING AND TREATMENT OF OTHER INDIVIDUALS 
                    WITH WTC-RELATED HEALTH CONDITIONS.

  ``(a) In General.--Subject to subsection (c), the provisions 
of section 3322 shall apply to the followup monitoring and 
treatment of WTC-related health conditions in the case of 
individuals described in subsection (b) in the same manner as 
such provisions apply to the followup monitoring and treatment 
of WTC-related health conditions for certified-eligible WTC 
survivors.
  ``(b) Individuals Described.--An individual described in this 
subsection is an individual who, regardless of location of 
residence--
          ``(1) is not an enrolled WTC responder or a 
        certified-eligible WTC survivor; and
          ``(2) is diagnosed at a Clinical Center of Excellence 
        with a WTC-related health condition for certified-
        eligible WTC survivors.
  ``(c) Limitation.--
          ``(1) In general.--The WTC Program Administrator 
        shall limit benefits for any fiscal year under 
        subsection (a) in a manner so that payments under this 
        section for such fiscal year do not exceed the amount 
        specified in paragraph (2) for such fiscal year.
          ``(2) Limitation.--The amount specified in this 
        paragraph for--
                  ``(A) the last calendar quarter of fiscal 
                year 2011 is $5,000,000;
                  ``(B) fiscal year 2012 is $20,000,000; or
                  ``(C) a succeeding fiscal year is the amount 
                specified in this paragraph for the previous 
                fiscal year increased by the annual percentage 
                increase in the medical care component of the 
                consumer price index for all urban consumers.

                       ``PART 3--PAYOR PROVISIONS

``SEC. 3331. PAYMENT OF CLAIMS.

  ``(a) In General.--Except as provided in subsections (b) and 
(c), the cost of monitoring and treatment benefits and initial 
health evaluation benefits provided under parts 1 and 2 of this 
subtitle shall be paid for by the WTC Program from the World 
Trade Center Health Program Fund.
  ``(b) Workers' Compensation Payment.--
          ``(1) In general.--Subject to paragraph (2), payment 
        for treatment under parts 1 and 2 of this subtitle of a 
        WTC-related health condition of an individual that is 
        work-related shall be reduced or recouped to the extent 
        that the WTC Program Administrator determines that 
        payment has been made, or can reasonably be expected to 
        be made, under a workers' compensation law or plan of 
        the United States, a State, or a locality, or other 
        work-related injury or illness benefit plan of the 
        employer of such individual, for such treatment. The 
        provisions of clauses (iii), (iv), (v), and (vi) of 
        paragraph (2)(B) of section 1862(b) of the Social 
        Security Act and paragraphs (3) and (4) of such section 
        shall apply to the recoupment under this subsection of 
        a payment to the WTC Program (with respect to a 
        workers' compensation law or plan, or other work-
        related injury or illness plan of the employer 
        involved, and such individual) in the same manner as 
        such provisions apply to the reimbursement of a payment 
        under section 1862(b)(2) of such Act to the Secretary 
        (with respect to such a law or plan and an individual 
        entitled to benefits under title XVIII of such Act) 
        except that any reference in such paragraph (4) to 
        payment rates under title XVIII of the Social Security 
        Act shall be deemed a reference to payment rates under 
        this title.
          ``(2) Exception.--Paragraph (1) shall not apply for 
        any quarter, with respect to any workers' compensation 
        law or plan, including line of duty compensation, to 
        which New York City is obligated to make payments, if, 
        in accordance with terms specified under the contract 
        under subsection (d)(1)(A), New York City has made the 
        full payment required under such contract for such 
        quarter.
          ``(3) Rules of construction.--Nothing in this title 
        shall be construed to affect, modify, or relieve any 
        obligations under a worker's compensation law or plan, 
        other work-related injury or illness benefit plan of an 
        employer, or any health insurance plan.
  ``(c) Health Insurance Coverage.--
          ``(1) In general.--In the case of an individual who 
        has a WTC-related health condition that is not work-
        related and has health coverage for such condition 
        through any public or private health plan (including 
        health benefits under title XVIII, XIX, or XXI of the 
        Social Security Act) the provisions of section 1862(b) 
        of the Social Security Act shall apply to such a health 
        plan and such individual in the same manner as they 
        apply to group health plan and an individual entitled 
        to benefits under title XVIII of such Act pursuant to 
        section 226(a) of such Act. Any costs for items and 
        services covered under such plan that are not 
        reimbursed by such health plan, due to the application 
        of deductibles, copayments, coinsurance, other cost 
        sharing, or otherwise, are reimbursable under this 
        title to the extent that they are covered under the WTC 
        Program. The program under this title shall not be 
        treated as a legally liable party for purposes of 
        applying section 1902(a)(25) of the Social Security 
        Act.
          ``(2) Recovery by individual providers.--Nothing in 
        paragraph (1) shall be construed as requiring an entity 
        providing monitoring and treatment under this title to 
        seek reimbursement under a health plan with which the 
        entity has no contract for reimbursement.
          ``(3) Maintenance of required minimum essential 
        coverage.--No payment may be made for monitoring and 
        treatment under this title for an individual for a 
        month (beginning with July 2014) if with respect to 
        such month the individual--
                  ``(A) is an applicable individual (as defined 
                in subsection (d) of section 5000A of Internal 
                Revenue Code of 1986) for whom the exemption 
                under subsection (e) of such section does not 
                apply; and
                  ``(B) is not covered under minimum essential 
                coverage, as required under subsection (a) of 
                such section.
  ``(d) Required Contribution by New York City in Program 
Costs.--
          ``(1) Contract requirement.--
                  ``(A) In general.--No funds may be disbursed 
                from the World Trade Center Health Program Fund 
                under section 3351 unless New York City has 
                entered into a contract with the WTC Program 
                Administrator under which New York City agrees, 
                in a form and manner specified by the 
                Administrator, to pay the full contribution 
                described in subparagraph (B) in accordance 
                with this subsection on a timely basis, plus 
                any interest owed pursuant to subparagraph 
                (E)(i). Such contract shall specify the terms 
                under which New York City shall be considered 
                to have made the full payment required for a 
                quarter for purposes of subsection (b)(2).
                  ``(B) Full contribution amount.--Under such 
                contract, with respect to the last calendar 
                quarter of fiscal year 2011 and each calendar 
                quarter in fiscal years 2012 through 2018 the 
                full contribution amount under this 
                subparagraph shall be equal to 10 percent of 
                the expenditures in carrying out this title for 
                the respective quarter and with respect to 
                calendar quarters in fiscal years 2019 and 
                2020, such full contribution amount shall be 
                equal to \1/9\ of the Federal expenditures in 
                carrying out this title for the respective 
                quarter.
                  ``(C) Satisfaction of payment obligation.--
                The payment obligation under such contract may 
                not be satisfied through any of the following:
                          ``(i) An amount derived from Federal 
                        sources.
                          ``(ii) An amount paid before the date 
                        of the enactment of this title.
                          ``(iii) An amount paid to satisfy a 
                        judgment or as part of a settlement 
                        related to injuries or illnesses 
                        arising out of the September 11, 2001, 
                        terrorist attacks.
                  ``(D) Timing of contribution.--The payment 
                obligation under such contract for a calendar 
                quarter in a fiscal year shall be paid not 
                later than the last day of the second 
                succeeding calendar quarter.
                  ``(E) Compliance.--
                          ``(i) Interest for late payment.--If 
                        New York City fails to pay to the WTC 
                        Program Administrator pursuant to such 
                        contract the amount required for any 
                        calendar quarter by the day specified 
                        in subparagraph (D), interest shall 
                        accrue on the amount not so paid at the 
                        rate (determined by the Administrator) 
                        based on the average yield to maturity, 
                        plus 1 percentage point, on outstanding 
                        municipal bonds issued by New York City 
                        with a remaining maturity of at least 1 
                        year.
                          ``(ii) Recovery of amounts owed.-- 
                        The amounts owed to the WTC Program 
                        Administrator under such contract shall 
                        be recoverable by the United States in 
                        an action in the same manner as 
                        payments made under title XVIII of the 
                        Social Security Act may be recoverable 
                        in an action brought under section 
                        1862(b)(2)(B)(iii) of such Act.
                  ``(F) Deposit in fund.--The WTC Program 
                Administer shall deposit amounts paid under 
                such contract into the World Trade Center 
                Health Program Fund under section 3351.
          ``(2) Payment of new york city share of monitoring 
        and treatment costs.--With respect to each calendar 
        quarter for which a contribution is required by New 
        York City under the contract under paragraph (1), the 
        WTC Program Administrator shall--
                  ``(A) provide New York City with an estimate 
                of such amount of the required contribution at 
                the beginning of such quarter and with an 
                updated estimate of such amount at the 
                beginning of each of the subsequent 2 quarters;
                  ``(B) bill such amount directly to New York 
                City; and
                  ``(C) certify periodically, for purposes of 
                this subsection, whether or not New York City 
                has paid the amount so billed.
        Such amount shall initially be estimated by the WTC 
        Program Administrator and shall be subject to 
        adjustment and reconciliation based upon actual 
        expenditures in carrying out this title.
          ``(3) Rule of construction.--Nothing in this 
        subsection shall be construed as authorizing the WTC 
        Administrator, with respect to a fiscal year, to reduce 
        the numerical limitation under section 3311(a)(4) or 
        3321(a)(3) for such fiscal year if New York City fails 
        to comply with paragraph (1) for a calendar quarter in 
        such fiscal year.
  ``(e) Work-Related Described.--For the purposes of this 
section, a WTC-related health condition shall be treated as a 
condition that is work-related if--
          ``(1) the condition is diagnosed in an enrolled WTC 
        responder, or in an individual who qualifies as a 
        certified-eligible WTC survivor on the basis of being a 
        rescue, recovery, or cleanup worker; or
          ``(2) with respect to the condition the individual 
        has filed and had established a claim under a workers' 
        compensation law or plan of the United States or a 
        State, or other work-related injury or illness benefit 
        plan of the employer of such individual.

``SEC. 3332. ADMINISTRATIVE ARRANGEMENT AUTHORITY.

  ``The WTC Program Administrator may enter into arrangements 
with other government agencies, insurance companies, or other 
third-party administrators to provide for timely and accurate 
processing of claims under sections 3312, 3313, 3322, and 3323.

                 ``Subtitle C--Research Into Conditions

``SEC. 3341. RESEARCH REGARDING CERTAIN HEALTH CONDITIONS RELATED TO 
                    SEPTEMBER 11 TERRORIST ATTACKS.

  ``(a) In General.--With respect to individuals, including 
enrolled WTC responders and certified-eligible WTC survivors, 
receiving monitoring or treatment under subtitle B, the WTC 
Program Administrator shall conduct or support--
          ``(1) research on physical and mental health 
        conditions that may be related to the September 11, 
        2001, terrorist attacks;
          ``(2) research on diagnosing WTC-related health 
        conditions of such individuals, in the case of 
        conditions for which there has been diagnostic 
        uncertainty; and
          ``(3) research on treating WTC-related health 
        conditions of such individuals, in the case of 
        conditions for which there has been treatment 
        uncertainty.
The Administrator may provide such support through continuation 
and expansion of research that was initiated before the date of 
the enactment of this title and through the World Trade Center 
Health Registry (referred to in section 3342), through a 
Clinical Center of Excellence, or through a Data Center.
  ``(b) Types of Research.--The research under subsection 
(a)(1) shall include epidemiologic and other research studies 
on WTC-related health conditions or emerging conditions--
          ``(1) among enrolled WTC responders and certified-
        eligible WTC survivors under treatment; and
          ``(2) in sampled populations outside the New York 
        City disaster area in Manhattan as far north as 14th 
        Street and in Brooklyn, along with control populations, 
        to identify potential for long-term adverse health 
        effects in less exposed populations.
  ``(c) Consultation.--The WTC Program Administrator shall 
carry out this section in consultation with the WTC Scientific/
Technical Advisory Committee.
  ``(d) Application of Privacy and Human Subject Protections.--
The privacy and human subject protections applicable to 
research conducted under this section shall not be less than 
such protections applicable to research conducted or funded by 
the Department of Health and Human Services.

``SEC. 3342. WORLD TRADE CENTER HEALTH REGISTRY.

  ``For the purpose of ensuring ongoing data collection 
relating to victims of the September 11, 2001, terrorist 
attacks, the WTC Program Administrator shall ensure that a 
registry of such victims is maintained that is at least as 
comprehensive as the World Trade Center Health Registry 
maintained under the arrangements in effect as of April 20, 
2009, with the New York City Department of Health and Mental 
Hygiene.

                         ``Subtitle D--Funding

``SEC. 3351. WORLD TRADE CENTER HEALTH PROGRAM FUND.

  ``(a) Establishment of Fund.--
          ``(1) In general.--There is established a fund to be 
        known as the World Trade Center Health Program Fund 
        (referred to in this section as the `Fund').
          ``(2) Funding.--Out of any money in the Treasury not 
        otherwise appropriated, there shall be deposited into 
        the Fund for each of fiscal years 2012 through 2020 
        (and the last calendar quarter of fiscal year 2011)--
                  ``(A) the Federal share, consisting of an 
                amount equal to the lesser of--
                          ``(i) 90 percent of the expenditures 
                        in carrying out this title for the 
                        respective fiscal year (initially based 
                        on estimates, subject to subsequent 
                        reconciliation based on actual 
                        expenditures); or
                          ``(ii)(I) $71,000,000 for the last 
                        calendar quarter of fiscal year 2011, 
                        $318,000,000 for fiscal year 2012, 
                        $354,000,000 for fiscal year 2013, 
                        $382,000,000 for fiscal year 2014, 
                        $431,000,000 for fiscal year 2015, 
                        $481,000,000 for fiscal year 2016, 
                        $537,000,000 for fiscal year 2017, 
                        $601,000,000 for fiscal year 2018, and 
                        $173,000,000 for fiscal year 2019; and
                          ``(II) subject to paragraph (4), an 
                        additional $499,000,000 for fiscal year 
                        2019 and $743,000,000 for fiscal year 
                        2020; plus
                  ``(B) the New York City share, consisting of 
                the amount contributed under the contract under 
                section 3331(d).
          ``(3) Contract requirement.--
                  ``(A) In general.--No funds may be disbursed 
                from the Fund unless New York City has entered 
                into a contract with the WTC Program 
                Administrator under section 3331(d)(1).
                  ``(B) Breach of contract.-- In the case of a 
                failure to pay the amount so required under the 
                contract--
                          ``(i) the amount is recoverable under 
                        subparagraph (E)(ii) of such section;
                          ``(ii) such failure shall not affect 
                        the disbursement of amounts from the 
                        Fund; and
                          ``(iii) the Federal share described 
                        in paragraph (2)(A) shall not be 
                        increased by the amount so unpaid.
          ``(4) Aggregate limitation on funding beginning with 
        fiscal year 2019.--Beginning with fiscal year 2019, in 
        no case shall the share of Federal funds deposited into 
        the Fund under paragraph (2) for such fiscal year and 
        previous fiscal years and quarters exceed the sum of 
        the amounts specified in paragraph (2)(A)(ii)(I).
  ``(b) Mandatory Funds for Monitoring, Initial Health 
Evaluations, Treatment, and Claims Processing.--
          ``(1) In general.--The amounts deposited into the 
        Fund under subsection (a)(2) shall be available, 
        without further appropriation, consistent with 
        paragraph (2) and subsection (c), to carry out subtitle 
        B and sections 3302(a), 3303, 3304, 3305(a)(2), 
        3305(c), 3341, and 3342.
          ``(2) Limitation on mandatory funding.--This title 
        does not establish any Federal obligation for payment 
        of amounts in excess of the amounts available from the 
        Fund for such purpose.
          ``(3) Limitation on authorization for further 
        appropriations.--This title does not establish any 
        authorization for appropriation of amounts in excess of 
        the amounts available from the Fund under paragraph 
        (1).
  ``(c) Limits on Spending for Certain Purposes.--Of the 
amounts made available under subsection (b)(1), not more than 
each of the following amounts may be available for each of the 
following purposes:
          ``(1) Surviving immediate family members of 
        firefighters.--For the purposes of carrying out 
        subtitle B with respect to WTC responders described in 
        section 3311(a)(2)(A)(ii)--
                  ``(A) for the last calendar quarter of fiscal 
                year 2011, $100,000;
                  ``(B) for fiscal year 2012, $400,000; and
                  ``(C) for each subsequent fiscal year, the 
                amount specified under this paragraph for the 
                previous fiscal year increased by the 
                percentage increase in the consumer price index 
                for all urban consumers (all items; United 
                States city average) as estimated by the 
                Secretary for the 12-month period ending with 
                March of the previous year.
          ``(2) WTC health program scientific/technical 
        advisory committee.--For the purpose of carrying out 
        section 3302(a)--
                  ``(A) for the last calendar quarter of fiscal 
                year 2011, $25,000;
                  ``(B) for fiscal year 2012, $100,000; and
                  ``(C) for each subsequent fiscal year, the 
                amount specified under this paragraph for the 
                previous fiscal year increased by the 
                percentage increase in the consumer price index 
                for all urban consumers (all items; United 
                States city average) as estimated by the 
                Secretary for the 12-month period ending with 
                March of the previous year.
          ``(3) Education and outreach.--For the purpose of 
        carrying out section 3303--
                  ``(A) for the last calendar quarter of fiscal 
                year 2011, $500,000;
                  ``(B) for fiscal year 2012, $2,000,000; and
                  ``(C) for each subsequent fiscal year, the 
                amount specified under this paragraph for the 
                previous fiscal year increased by the 
                percentage increase in the consumer price index 
                for all urban consumers (all items; United 
                States city average) as estimated by the 
                Secretary for the 12-month period ending with 
                March of the previous year.
          ``(4) Uniform data collection.--For the purpose of 
        carrying out section 3304 and for reimbursing Data 
        Centers (as defined in section 3305(b)(2)) for the 
        costs incurred by such Centers in carrying out 
        activities under contracts entered into under section 
        3305(a)(2)--
                  ``(A) for the last calendar quarter of fiscal 
                year 2011, $2,500,000;
                  ``(B) for fiscal year 2012, $10,000,000; and
                  ``(C) for each subsequent fiscal year, the 
                amount specified under this paragraph for the 
                previous fiscal year increased by the 
                percentage increase in the consumer price index 
                for all urban consumers (all items; United 
                States city average) as estimated by the 
                Secretary for the 12-month period ending with 
                March of the previous year.
          ``(5) Research regarding certain health conditions.--
        For the purpose of carrying out section 3341--
                  ``(A) for the last calendar quarter of fiscal 
                year 2011, $3,750,000;
                  ``(B) for fiscal year 2012, $15,000,000; and
                  ``(C) for each subsequent fiscal year, the 
                amount specified under this paragraph for the 
                previous fiscal year increased by the 
                percentage increase in the consumer price index 
                for all urban consumers (all items; United 
                States city average) as estimated by the 
                Secretary for the 12-month period ending with 
                March of the previous year.
          ``(6) World trade center health registry.--For the 
        purpose of carrying out section 3342--
                  ``(A) for the last calendar quarter of fiscal 
                year 2011, $1,750,000;
                  ``(B) for fiscal year 2012, $7,000,000; and
                  ``(C) for each subsequent fiscal year, the 
                amount specified under this paragraph for the 
                previous fiscal year increased by the 
                percentage increase in the consumer price index 
                for all urban consumers (all items; United 
                States city average) as estimated by the 
                Secretary for the 12-month period ending with 
                March of the previous year.''.

       TITLE II--SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001

SEC. 201. DEFINITIONS.

  Section 402 of the Air Transportation Safety and System 
Stabilization Act (49 U.S.C. 40101 note) is amended--
          (1) in paragraph (6) by inserting ``, or debris 
        removal, including under the World Trade Center Health 
        Program established under section 3001 of the Public 
        Health Service Act, and payments made pursuant to the 
        settlement of a civil action described in section 
        405(c)(3)(C)(iii)'' after ``September 11, 2001'';
          (2) by inserting after paragraph (6) the following 
        new paragraphs and redesignating subsequent paragraphs 
        accordingly:
          ``(7) Contractor and subcontractor.--The term 
        `contractor and subcontractor' means any contractor or 
        subcontractor (at any tier of a subcontracting 
        relationship), including any general contractor, 
        construction manager, prime contractor, consultant, or 
        any parent, subsidiary, associated or allied company, 
        affiliated company, corporation, firm, organization, or 
        joint venture thereof that participated in debris 
        removal at any 9/11 crash site. Such term shall not 
        include any entity, including the Port Authority of New 
        York and New Jersey, with a property interest in the 
        World Trade Center, on September 11, 2001, whether fee 
        simple, leasehold or easement, direct or indirect.
          ``(8) Debris removal.--The term `debris removal' 
        means rescue and recovery efforts, removal of debris, 
        cleanup, remediation, and response during the immediate 
        aftermath of the terrorist-related aircraft crashes of 
        September 11, 2001, with respect to a 9/11 crash 
        site.'';
          (3) by inserting after paragraph (10), as so 
        redesignated, the following new paragraph and 
        redesignating the subsequent paragraphs accordingly:
          ``(11) Immediate aftermath.--The term `immediate 
        aftermath' means any period beginning with the 
        terrorist-related aircraft crashes of September 11, 
        2001, and ending on August 30, 2002.''; and
          (4) by adding at the end the following new paragraph:
          ``(14) 9/11 crash site.--The term `9/11 crash site' 
        means--
                  ``(A) the World Trade Center site, Pentagon 
                site, and Shanksville, Pennsylvania site;
                  ``(B) the buildings or portions of buildings 
                that were destroyed as a result of the 
                terrorist-related aircraft crashes of September 
                11, 2001;
                  ``(C) any area contiguous to a site of such 
                crashes that the Special Master determines was 
                sufficiently close to the site that there was a 
                demonstrable risk of physical harm resulting 
                from the impact of the aircraft or any 
                subsequent fire, explosions, or building 
                collapses (including the immediate area in 
                which the impact occurred, fire occurred, 
                portions of buildings fell, or debris fell upon 
                and injured individuals); and
                  ``(D) any area related to, or along, routes 
                of debris removal, such as barges and Fresh 
                Kills.''.

SEC. 202. EXTENDED AND EXPANDED ELIGIBILITY FOR COMPENSATION.

  (a) Information on Losses Resulting From Debris Removal 
Included in Contents of Claim Form.--Section 405(a)(2)(B) of 
the Air Transportation Safety and System Stabilization Act (49 
U.S.C. 40101 note) is amended--
          (1) in clause (i), by inserting ``, or debris removal 
        during the immediate aftermath'' after ``September 11, 
        2001'';
          (2) in clause (ii), by inserting ``or debris removal 
        during the immediate aftermath'' after ``crashes''; and
          (3) in clause (iii), by inserting ``or debris removal 
        during the immediate aftermath'' after ``crashes''.
  (b) Extension of Deadline for Claims Under September 11th 
Victim Compensation Fund of 2001.--Section 405(a)(3) of such 
Act is amended to read as follows:
          ``(3) Limitation.--
                  ``(A) In general.--Except as provided by 
                subparagraph (B), no claim may be filed under 
                paragraph (1) after the date that is 2 years 
                after the date on which regulations are 
                promulgated under section 407(a).
                  ``(B) Exception.--A claim may be filed under 
                paragraph (1), in accordance with subsection 
                (c)(3)(A)(i), by an individual (or by a 
                personal representative on behalf of a deceased 
                individual) during the period beginning on the 
                date on which the regulations are updated under 
                section 407(b) and ending on December 22, 
                2031.''.
  (c) Requirements for Filing Claims During Extended Filing 
Period.--Section 405(c)(3) of such Act is amended--
          (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively; and
          (2) by inserting before subparagraph (B), as so 
        redesignated, the following new subparagraph:
                  ``(A) Requirements for filing claims during 
                extended filing period.--
                          ``(i) Timing requirements for filing 
                        claims.--An individual (or a personal 
                        representative on behalf of a deceased 
                        individual) may file a claim during the 
                        period described in subsection 
                        (a)(3)(B) as follows:
                                  ``(I) In the case that the 
                                Special Master determines the 
                                individual knew (or reasonably 
                                should have known) before the 
                                date specified in clause (iii) 
                                that the individual suffered a 
                                physical harm at a 9/11 crash 
                                site as a result of the 
                                terrorist-related aircraft 
                                crashes of September 11, 2001, 
                                or as a result of debris 
                                removal, and that the 
                                individual knew (or should have 
                                known) before such specified 
                                date that the individual was 
                                eligible to file a claim under 
                                this title, the individual may 
                                file a claim not later than the 
                                date that is 2 years after such 
                                specified date.
                                  ``(II) In the case that the 
                                Special Master determines the 
                                individual first knew (or 
                                reasonably should have known) 
                                on or after the date specified 
                                in clause (iii) that the 
                                individual suffered such a 
                                physical harm or that the 
                                individual first knew (or 
                                should have known) on or after 
                                such specified date that the 
                                individual was eligible to file 
                                a claim under this title, the 
                                individual may file a claim not 
                                later than the last day of the 
                                2-year period beginning on the 
                                date the Special Master 
                                determines the individual first 
                                knew (or should have known) 
                                that the individual both 
                                suffered from such harm and was 
                                eligible to file a claim under 
                                this title.
                          ``(ii) Other eligibility requirements 
                        for filing claims.--An individual may 
                        file a claim during the period 
                        described in subsection (a)(3)(B) only 
                        if--
                                  ``(I) the individual was 
                                treated by a medical 
                                professional for suffering from 
                                a physical harm described in 
                                clause (i)(I) within a 
                                reasonable time from the date 
                                of discovering such harm; and
                                  ``(II) the individual's 
                                physical harm is verified by 
                                contemporaneous medical records 
                                created by or at the direction 
                                of the medical professional who 
                                provided the medical care.
                          ``(iii) Date specified.--The date 
                        specified in this clause is the date on 
                        which the regulations are updated under 
                        section 407(a).''.
  (d) Clarifying Applicability to All 9/11 Crash Sites.--
Section 405(c)(2)(A)(i) of such Act is amended by striking ``or 
the site of the aircraft crash at Shanksville, Pennsylvania'' 
and inserting ``the site of the aircraft crash at Shanksville, 
Pennsylvania, or any other 9/11 crash site''.
  (e) Inclusion of Physical Harm Resulting From Debris 
Removal.--Section 405(c) of such Act is amended in paragraph 
(2)(A)(ii), by inserting ``or debris removal'' after ``air 
crash''.
  (f) Limitations on Civil Actions.--
          (1) Application to damages related to debris 
        removal.--Clause (i) of section 405(c)(3)(C) of such 
        Act, as redesignated by subsection (c), is amended by 
        inserting ``, or for damages arising from or related to 
        debris removal'' after ``September 11, 2001''.
          (2) Pending actions.--Clause (ii) of such section, as 
        so redesignated, is amended to read as follows:
                          ``(ii) Pending actions.--In the case 
                        of an individual who is a party to a 
                        civil action described in clause (i), 
                        such individual may not submit a claim 
                        under this title--
                                  ``(I) during the period 
                                described in subsection 
                                (a)(3)(A) unless such 
                                individual withdraws from such 
                                action by the date that is 90 
                                days after the date on which 
                                regulations are promulgated 
                                under section 407(a); and
                                  ``(II) during the period 
                                described in subsection 
                                (a)(3)(B) unless such 
                                individual withdraws from such 
                                action by the date that is 90 
                                days after the date on which 
                                the regulations are updated 
                                under section 407(b).''.
          (3) Settled actions; authority to reinstitute certain 
        lawsuits.--Such section, as so redesignated, is further 
        amended by adding at the end the following new clauses:
                          ``(iii) Settled actions.--In the case 
                        of an individual who settled a civil 
                        action described in clause (i), such 
                        individual may not submit a claim under 
                        this title unless such action was 
                        commenced after December 22, 2003, and 
                        a release of all claims in such action 
                        was tendered prior to the date on which 
                        the James Zadroga 9/11 Health and 
                        Compensation Act of 2010 was enacted.
                          ``(iv) Authority to reinstitute 
                        certain lawsuits.--In the case of a 
                        claimant who was a party to a civil 
                        action described in clause (i), who 
                        withdrew from such action pursuant to 
                        clause (ii), and who is subsequently 
                        determined to not be an eligible 
                        individual for purposes of this 
                        subsection, such claimant may 
                        reinstitute such action without 
                        prejudice during the 90-day period 
                        beginning after the date of such 
                        ineligibility determination.''.

SEC. 203. REQUIREMENT TO UPDATE REGULATIONS.

  Section 407 of the Air Transportation Safety and System 
Stabilization Act (49 U.S.C. 40101 note) is amended--
          (1) by striking ``Not later than'' and inserting 
        ``(a) In General.--Not later than''; and
          (2) by adding at the end the following new 
        subsection:
  ``(b) Updated Regulations.--Not later than 90 days after the 
date of the enactment of the James Zadroga 9/11 Health and 
Compensation Act of 2010, the Special Master shall update the 
regulations promulgated under subsection (a) to the extent 
necessary to comply with the provisions of title II of such 
Act.''.

SEC. 204. LIMITED LIABILITY FOR CERTAIN CLAIMS.

  Section 408(a) of the Air Transportation Safety and System 
Stabilization Act (49 U.S.C. 40101 note) is amended by adding 
at the end the following new paragraphs:
          ``(4) Liability for certain claims.--Notwithstanding 
        any other provision of law, liability for all claims 
        and actions (including claims or actions that have been 
        previously resolved, that are currently pending, and 
        that may be filed through December 22, 2031) for 
        compensatory damages, contribution or indemnity, or any 
        other form or type of relief, arising from or related 
        to debris removal, against the City of New York, any 
        entity (including the Port Authority of New York and 
        New Jersey) with a property interest in the World Trade 
        Center on September 11, 2001 (whether fee simple, 
        leasehold or easement, or direct or indirect) and any 
        contractors and subcontractors, shall not be in an 
        amount that exceeds the sum of the following, as may be 
        applicable:
                  ``(A) The amount of funds of the WTC Captive 
                Insurance Company, including the cumulative 
                interest.
                  ``(B) The amount of all available insurance 
                identified in schedule 2 of the WTC Captive 
                Insurance Company insurance policy.
                  ``(C) As it relates to the limitation of 
                liability of the City of New York, the amount 
                that is the greater of the City of New York's 
                insurance coverage or $350,000,000. In 
                determining the amount of the City's insurance 
                coverage for purposes of the previous sentence, 
                any amount described in clauses (i) and (ii) 
                shall not be included.
                  ``(D) As it relates to the limitation of 
                liability of any entity, including the Port 
                Authority of New York and New Jersey, with a 
                property interest in the World Trade Center on 
                September 11, 2001 (whether fee simple, 
                leasehold or easement, or direct or indirect), 
                the amount of all available liability insurance 
                coverage maintained by any such entity.
                  ``(E) As it relates to the limitation of 
                liability of any individual contractor or 
                subcontractor, the amount of all available 
                liability insurance coverage maintained by such 
                contractor or subcontractor on September 11, 
                2001.
          ``(5) Priority of claims payments.--Payments to 
        plaintiffs who obtain a settlement or judgment with 
        respect to a claim or action to which paragraph (4)(A) 
        applies, shall be paid solely from the following funds 
        in the following order, as may be applicable:
                  ``(A) The funds described in clause (i) or 
                (ii) of paragraph (4)(A).
                  ``(B) If there are no funds available as 
                described in clause (i) or (ii) of paragraph 
                (4)(A), the funds described in clause (iii) of 
                such paragraph.
                  ``(C) If there are no funds available as 
                described in clause (i), (ii), or (iii) of 
                paragraph (4)(A), the funds described in clause 
                (iv) of such paragraph.
                  ``(D) If there are no funds available as 
                described in clause (i), (ii), (iii), or (iv) 
                of paragraph (4)(A), the funds described in 
                clause (v) of such paragraph.
          ``(6) Declaratory judgment actions and direct 
        action.--Any party to a claim or action to which 
        paragraph (4)(A) applies may, with respect to such 
        claim or action, either file an action for a 
        declaratory judgment for insurance coverage or bring a 
        direct action against the insurance company 
        involved.''.

SEC. 205. FUNDING; ATTORNEY FEES.

  Section 406 of the Air Transportation Safety and System 
Stabilization Act (49 U.S.C. 40101 note) is amended--
          (1) in subsection (a), by striking ``Not later than'' 
        and inserting ``Subject to the limitations under 
        subsection (d), not later than'';
          (2) in subsection (b)--
                  (A) by inserting ``in the amounts provided 
                under subsection (d)(1)'' after 
                ``appropriations Acts''; and
                  (B) by inserting ``subject to the limitations 
                under subsection (d)'' before the period; and
          (3) by adding at the end the following new 
        subsections:
  ``(d) Limitation.--
          ``(1) In general.--The total amount of Federal funds 
        paid for compensation under this title, with respect to 
        claims filed on or after the date on which the 
        regulations are updated under section 407(b), shall not 
        exceed $8,400,000,000. Of such amounts, $4,200,000,000 
        shall be available to pay such claims during the 10-
        year period beginning on such date and $4,200,000,000 
        shall be available to pay such claims after such 
        period.
          ``(2) Pro-ration and payment of remaining claims.--
                  ``(A) In general.--With respect to the one-
                year period beginning on the date on which the 
                first payment is made under this title for 
                claims filed pursuant to the regulations 
                updated under section 407(b), the Special 
                Master shall examine the total number of such 
                claims paid during such period and the amounts 
                of the payments made for such claims to project 
                the total number and amount of claims expected 
                to be paid under this title during the 10-year 
                period described in paragraph (1). If, based on 
                such projection, the Special Master determines 
                that there will be insufficient funds available 
                under paragraph (1) to pay such claims during 
                such 10-year period, beginning on the first day 
                following such one-year period, the Special 
                Master shall ratably reduce the amount of 
                compensation due claimants under this title in 
                a manner to ensure, to the extent possible, 
                that--
                          ``(i) all claimants who, before 
                        application of the limitation under the 
                        second sentence of paragraph (1), would 
                        have been determined to be entitled to 
                        a payment under this title during such 
                        10-year period, receive a payment 
                        during such period; and
                          ``(ii) the total amount of all such 
                        payments made during such 10-year 
                        period do not exceed the amount 
                        available under the second sentence of 
                        paragraph (1) to pay claims during such 
                        period.
                  ``(B) Payment of remainder of claim 
                amounts.--In any case in which the amount of a 
                claim is ratably reduced pursuant to 
                subparagraph (A), on or after the first day 
                after the 10-year period described in paragraph 
                (1), the Special Master shall pay to the 
                claimant the amount that is equal to the 
                difference between--
                          ``(i) the amount that the claimant 
                        would have been paid under this title 
                        during such period without regard to 
                        the limitation under the second 
                        sentence of paragraph (1) applicable to 
                        such period; and
                          ``(ii) the amount the claimant was 
                        paid under this title during such 
                        period.
  ``(e) Attorney Fees.--
          ``(1) In general.--Notwithstanding any contract, and 
        except as provided in paragraphs (2) and (3), the 
        representative of an individual may not charge, for 
        services rendered in connection with the claim of an 
        individual under this title, more than 10 percent of an 
        award made under this title on such claim.
          ``(2) Limitation.--
                  ``(A) In general.--Except as provided in 
                subparagraph (B), in the case of an individual 
                who was charged a legal fee in connection with 
                the settlement of a civil action described in 
                section 405(c)(3)(C)(iii),  the representative 
                of the individual may not charge any amount for 
                compensation for services rendered in 
                connection with a claim filed under this title.
                  ``(B) Exception.--If the legal fee charged in 
                connection with the settlement of a civil 
                action described in section 405(c)(3)(C)(iii) 
                of an individual is less than 10 percent of the 
                aggregate amount of compensation awarded to 
                such individual through such settlement and the 
                claim of the individual under this title, the 
                representative of such individual may charge an 
                amount for compensation for services rendered 
                in connection with such claim under this title 
                to the extent that such amount charged is not 
                more than--
                          ``(i) 10 percent of such aggregate 
                        amount, minus
                          ``(ii) the total amount of all legal 
                        fees charged for services rendered in 
                        connection with such settlement.
          ``(3) Exception.--With respect to a claim made on 
        behalf of an individual for whom a lawsuit was filed in 
        the Southern District of New York prior to January 1, 
        2009, in the event that the representative believes in 
        good faith that the fee limit set by paragraph (1) or 
        (2) will not provide adequate compensation for services 
        rendered in connection with such claim because of the 
        substantial amount of legal work provided on behalf of 
        the claimant (including work performed before the 
        enactment of this legislation), application for greater 
        compensation may be made to the Special Master. Upon 
        such application, the Special Master may, in his or her 
        discretion, award as reasonable compensation for 
        services rendered an amount greater than that allowed 
        for in paragraph (1). Such fee award will be final, 
        binding, and non-appealable.''.

    TITLE III--LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE 
        PAYMENTS; TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES

SEC. 301. LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE 
                    PAYMENTS.

  (a) In General.--Section 894 of the Internal Revenue Code of 
1986 (relating to income affected by treaty) is amended by 
adding at the end the following new subsection:
  ``(d) Limitation on Treaty Benefits for Certain Deductible 
Payments.--
          ``(1) In general.--In the case of any deductible 
        related-party payment, any withholding tax imposed 
        under chapter 3 (and any tax imposed under subpart A or 
        B of this part) with respect to such payment may not be 
        reduced under any treaty of the United States unless 
        any such withholding tax would be reduced under a 
        treaty of the United States if such payment were made 
        directly to the foreign parent corporation.
          ``(2) Deductible related-party payment.--For purposes 
        of this subsection, the term `deductible related-party 
        payment' means any payment made, directly or 
        indirectly, by any person to any other person if the 
        payment is allowable as a deduction under this chapter 
        and both persons are members of the same foreign 
        controlled group of entities.
          ``(3) Foreign controlled group of entities.--For 
        purposes of this subsection--
                  ``(A) In general.--The term `foreign 
                controlled group of entities' means a 
                controlled group of entities the common parent 
                of which is a foreign corporation.
                  ``(B) Controlled group of entities.--The term 
                `controlled group of entities' means a 
                controlled group of corporations as defined in 
                section 1563(a)(1), except that--
                          ``(i) `more than 50 percent' shall be 
                        substituted for `at least 80 percent' 
                        each place it appears therein, and
                          ``(ii) the determination shall be 
                        made without regard to subsections 
                        (a)(4) and (b)(2) of section 1563.
                A partnership or any other entity (other than a 
                corporation) shall be treated as a member of a 
                controlled group of entities if such entity is 
                controlled (within the meaning of section 
                954(d)(3)) by members of such group (including 
                any entity treated as a member of such group by 
                reason of this sentence).
          ``(4) Foreign parent corporation.--For purposes of 
        this subsection, the term `foreign parent corporation' 
        means, with respect to any deductible related-party 
        payment, the common parent of the foreign controlled 
        group of entities referred to in paragraph (3)(A).
          ``(5) Regulations.--The Secretary may prescribe such 
        regulations or other guidance as are necessary or 
        appropriate to carry out the purposes of this 
        subsection, including regulations or other guidance 
        which provide for--
                  ``(A) the treatment of two or more persons as 
                members of a foreign controlled group of 
                entities if such persons would be the common 
                parent of such group if treated as one 
                corporation, and
                  ``(B) the treatment of any member of a 
                foreign controlled group of entities as the 
                common parent of such group if such treatment 
                is appropriate taking into account the economic 
                relationships among such entities.''.
  (b) Effective Date.--The amendment made by this section shall 
apply to payments made after the date of the enactment of this 
Act.

SEC. 302. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

  The percentage under paragraph (2) of section 561 of the 
Hiring Incentives to Restore Employment Act in effect on the 
date of the enactment of this Act is increased by 3 percentage 
points.

                      TITLE IV--BUDGETARY EFFECTS

SEC. 401. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010.

  The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
be determined by reference to the latest statement titled 
``Budgetary Effects of PAYGO Legislation'' for this Act, 
submitted for printing in the Congressional Record by the 
Chairman of the House Budget Committee, provided that such 
statement has been submitted prior to the vote on passage.

                                  
