[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1294 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1294
To amend title XXXIII of the Public Health Service Act with respect to
flexibility and funding for the World Trade Center Health Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2023
Mr. Garbarino (for himself, Mr. Nadler, Mr. D'Esposito, Mr. Goldman of
New York, Mr. LaLota, Mr. Meeks, Ms. Meng, Ms. Velazquez, Ms. Clarke of
New York, Ms. Malliotakis, Mr. Espaillat, Mr. Torres of New York, Mr.
Lawler, Mr. Ryan, Mr. Molinaro, Mr. Tonko, Ms. Stefanik, Mr. Williams
of New York, Mr. Langworthy, Ms. Tenney, Mr. Morelle, Mr. Higgins of
New York, Mr. Payne, Mr. Larson of Connecticut, Ms. Norton, Mrs. Watson
Coleman, Mr. Gottheimer, Ms. Schakowsky, Mr. Pascrell, Mr. Casten, and
Ms. Barragan) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend title XXXIII of the Public Health Service Act with respect to
flexibility and funding for the World Trade Center Health Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``9/11 Responder and Survivor Health
Funding Correction Act of 2023''.
SEC. 2. DEPARTMENT OF DEFENSE, ARMED FORCES, OR OTHER FEDERAL WORKER
RESPONDERS TO THE SEPTEMBER 11 ATTACKS AT THE PENTAGON
AND SHANKSVILLE, PENNSYLVANIA.
Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et
seq.) is amended--
(1) in section 3306 (42 U.S.C. 300mm-5)--
(A) by redesignating paragraphs (5) through (11)
and paragraphs (12) through (17) as paragraphs (6)
through (12) and paragraphs (14) through (19),
respectively;
(B) by inserting after paragraph (4) the following:
``(5) The term `Federal agency' means an agency, office, or
other establishment in the executive, legislative, or judicial
branch of the Federal Government.''; and
(C) by inserting after paragraph (12), as so
redesignated, the following:
``(13) The term `uniformed services' has the meaning given
the term in section 101(a) of title 10, United States Code.'';
and
(2) in section 3311(a) (42 U.S.C. 300mm-21(a))--
(A) in paragraph (2)(C)(i)--
(i) in subclause (I), by striking ``; or''
and inserting a semicolon;
(ii) in subclause (II), by striking ``;
and'' and inserting a semicolon; and
(iii) by adding at the end the following:
``(III) was an employee of the Department
of Defense or any other Federal agency, worked
during the period beginning on September 11,
2001, and ending on September 18, 2001, for a
contractor of the Department of Defense or any
other Federal agency, or was a member of a
regular or reserve component of the uniformed
services; and performed rescue, recovery,
demolition, debris cleanup, or other related
services at the Pentagon site of the terrorist-
related aircraft crash of September 11, 2001,
during the period beginning on September 11,
2001, and ending on the date on which the
cleanup of the site was concluded, as
determined by the WTC Program Administrator; or
``(IV) was an employee of the Department of
Defense or any other Federal agency, worked
during the period beginning on September 11,
2001, and ending on September 18, 2001, for a
contractor of the Department of Defense or any
other Federal agency, or was a member of a
regular or reserve component of the uniformed
services; and performed rescue, recovery,
demolition, debris cleanup, or other related
services at the Shanksville, Pennsylvania, site
of the terrorist-related aircraft crash of
September 11, 2001, during the period beginning
on September 11, 2001, and ending on the date
on which the cleanup of the site was concluded,
as determined by the WTC Program Administrator;
and''; and
(B) in paragraph (4)(A)--
(i) by striking ``(A) In general.--The''
and inserting the following:
``(A) Limit.--
``(i) In general.--The'';
(ii) by inserting ``or subclause (III) or
(IV) of paragraph (2)(C)(i)'' after ``or
(2)(A)(ii)''; and
(iii) by adding at the end the following:
``(ii) Certain responders to the september
11 attacks at the pentagon and shanksville,
pennsylvania.--The total number of individuals
who may be enrolled under paragraph (3)(A)(ii)
based on eligibility criteria described in
subclause (III) or (IV) of paragraph (2)(C)(i)
shall not exceed 500 at any time.''.
SEC. 3. FLEXIBILITY FOR CERTIFICATIONS UNDER THE WORLD TRADE CENTER
HEALTH PROGRAM.
(a) In General.--Section 3305(a) of the Public Health Service Act
(42 U.S.C. 300mm-4(a)) is amended--
(1) in paragraph (1)(A), by inserting ``subject to
paragraph (6),'' before ``for''; and
(2) by adding at the end the following:
``(6) Licensed health care provider flexibility.--
``(A) In general.--For purposes of an initial
health evaluation described in paragraph (1)(A)
(including any such evaluation provided under section
3321(b) or through the nationwide network under section
3313), such evaluation may be conducted by a physician
or any other licensed health care provider in a
category of health care providers determined by the WTC
Program Administrator under subparagraph (B).
``(B) Categories of licensed health care
providers.--Not later than 180 days after the date of
enactment of the 9/11 Responder and Survivor Health
Funding Correction Act of 2023, the WTC Program
Administrator shall issue regulations for the
categories of licensed health care providers who, in
addition to licensed physicians, may conduct
evaluations under subparagraph (A) and make
determinations under section 3312(b).''.
(b) Flexibility for WTC Responders.--Section 3312(b) of such Act
(42 U.S.C. 300mm-22(b)) is amended--
(1) in paragraph (1), by striking ``physician'' each place
it appears and inserting ``physician or other licensed health
care provider in a category determined by the WTC Program
Administrator under section 3305(a)(6)(B)'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``physician'' and inserting
``physician or other licensed health care
provider in a category determined by the WTC
Program Administrator under section
3305(a)(6)(B)'';
(ii) in clause (i), by striking
``physician'' and inserting ``physician or
other licensed health care provider''; and
(iii) in clause (ii), by striking ``such
physician's determination'' and inserting ``the
determination of such physician or other
licensed health care provider''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``physician determinations'' and
inserting ``determinations by physicians or
other licensed health care providers in
categories determined by the WTC Program
Administrator under section 3305(a)(6)(B)'';
and
(ii) in clause (i), by striking ``physician
panel'' and inserting ``panel of physicians or
other licensed health care providers in
categories determined by the WTC Program
Administrator under section 3305(a)(6)(B)'';
and
(3) in paragraph (5), by striking ``examining physician''
and inserting ``examining physician or other licensed health
care provider in a category determined by the WTC Program
Administrator under section 3305(a)(6)(B)''.
SEC. 4. CRITERIA FOR CREDENTIALING HEALTH CARE PROVIDERS PARTICIPATING
IN THE NATIONWIDE NETWORK.
Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et
seq.) is amended--
(1) in section 3305(a)(2) (42 U.S.C. 300mm-4(a)(2))--
(A) in subparagraph (A)--
(i) by striking clause (iv); and
(ii) by redesignating clauses (v) and (vi)
as clauses (iv) and (v), respectively;
(B) by striking subparagraph (B); and
(C) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(2) in section 3313(b)(1) (42 U.S.C. 300mm-23(b)(1)), by
striking ``Data Centers'' and inserting ``WTC Program
Administrator''.
SEC. 5. CLARIFYING CALCULATION OF ENROLLMENT.
(a) Responders.--Section 3311(a) of such Act (42 U.S.C. 300mm-
21(a)) is amended by adding at the end the following:
``(6) Deceased wtc responders.--An individual known to the
WTC Program Administrator to be deceased shall not be included
in any count of enrollees under this subsection or section
3351.''.
(b) Survivors.--Section 3321(a) of such Act (42 U.S.C. 300mm-31(a))
is amended by adding at the end the following:
``(5) Deceased wtc survivors.--An individual known to the
WTC Program Administrator to be deceased shall not be included
in any count of certified-eligible survivors under this section
or in any count of enrollees under section 3351.''.
SEC. 6. TIME PERIOD FOR ADDING HEALTH CONDITIONS TO LIST FOR WTC
RESPONDERS.
Section 3312(a)(6) of the Public Health Service Act (42 U.S.C.
300mm-22(a)(6)) is amended--
(1) in subparagraph (B), by striking ``90'' and inserting
``180''; and
(2) in subparagraph (C), in the second sentence, by
striking ``90'' and inserting ``180''.
SEC. 7. FUNDING FOR THE WORLD TRADE CENTER HEALTH PROGRAM.
(a) Federal Funding.--Section 3351 of the Public Health Service Act
(42 U.S.C. 300mm-61) is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A)--
(i) in clause (x), by striking ``and'';
(ii) in clause (xi)--
(I) by striking ``subsequent fiscal
year through fiscal year 2090'' and
inserting ``of fiscal years 2026
through 2033''; and
(II) by striking ``plus'' and
inserting ``and''; and
(iii) by adding at the end the following:
``(xii) for each of fiscal years 2034
through 2090--
``(I) the amount determined under
this subparagraph for the previous
fiscal year (plus the sum of any amount
expended in the previous fiscal year
from the World Trade Center Health
Program Special Fund established under
section 3353 or the World Trade Center
Health Program Fund for Certain WTC
Responders at the Pentagon and
Shanksville, Pennsylvania established
under section 3354 and any amount
expended from the World Trade Center
Health Program Fund established under
this section in the previous fiscal
year that was carried over from any
fiscal year prior to the previous
fiscal year including as carried over
pursuant to a deposit into such Fund
under paragraph (6)) multiplied by
1.05; multiplied by
``(II) the ratio of--
``(aa) the total number of
individuals enrolled in the WTC
Program on July 1 of such
previous fiscal year; to
``(bb) the total number of
individuals so enrolled on July
1 of the fiscal year prior to
such previous fiscal year;
plus''; and
(B) by adding at the end the following:
``(6) Remaining amounts from special fund and pentagon/
shanksville fund.--Any amounts that remain available, on
September 30, 2033, in the World Trade Center Health Program
Special Fund under section 3353 or the World Trade Center
Health Program Fund for Certain WTC Responders at the Pentagon
and Shanksville, Pennsylvania under section 3354 shall be
deposited into the Fund.''; and
(2) in subsection (c)--
(A) in paragraph (4)--
(i) by amending subparagraph (A) to read as
follows:
``(A) for fiscal year 2023, the amount determined
for such fiscal year under this paragraph as in effect
on the day before the date of enactment of the 9/11
Responder and Survivor Health Funding Correction Act of
2023;''; and
(ii) in subparagraph (B), by striking
``2017, $15,000,000'' and inserting ``2024,
$20,000,000''; and
(B) in paragraph (5)--
(i) by amending subparagraph (A) to read as
follows:
``(A) for fiscal year 2023, the amount determined
for such fiscal year under this paragraph as in effect
on the day before the date of enactment of the 9/11
Responder and Survivor Health Funding Correction Act of
2023;'';
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A)
the following:
``(B) for fiscal year 2024, the greater of--
``(i) the amount determined for such fiscal
year under this paragraph as in effect on the
day before the date of enactment of the 9/11
Responder and Survivor Health Funding
Correction Act of 2023; or
``(ii) $20,000,000; and''.
(b) Additional Funding for the World Trade Center Health Program.--
(1) In general.--Title XXXIII of the Public Health Service
Act (42 U.S.C. 300mm et seq.) is amended by adding at the end
the following:
``SEC. 3353. SPECIAL FUND.
``(a) In General.--There is established a fund to be known as the
World Trade Center Health Program Special Fund (referred to in this
section as the `Special Fund'), consisting of amounts deposited into
the Special Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated for fiscal year 2024 $1,784,358,336
for deposit into the Special Fund, which amounts shall remain available
in such Fund through fiscal year 2033.
``(c) Uses of Funds.--Amounts deposited into the Special Fund under
subsection (b) shall be available, without further appropriation and
without regard to any spending limitation under section 3351(c), to the
WTC Program Administrator as needed at the discretion of such
Administrator, for carrying out any provision in this title (including
sections 3303 and 3341(c)).
``(d) Remaining Amounts.--Any amounts that remain in the Special
Fund on September 30, 2033, shall be deposited into the World Trade
Center Health Program Fund in accordance with section 3351(a)(6) and
remain available in accordance with section 3351(a)(5).
``SEC. 3354. PENTAGON/SHANKSVILLE FUND.
``(a) In General.--There is established a fund to be known as the
World Trade Center Health Program Fund for Certain WTC Responders at
the Pentagon and Shanksville, Pennsylvania (referred to in this section
as the `Pentagon/Shanksville Fund'), consisting of amounts deposited
into the Pentagon/Shanksville Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise
appropriated, there is appropriated for fiscal year 2024 $257,000,000
for deposit into the Pentagon/Shanksville Fund, which amounts shall
remain available in such Fund through fiscal year 2033.
``(c) Uses of Funds.--
``(1) In general.--Amounts deposited into the Pentagon/
Shanksville Fund under subsection (b) shall be available,
without further appropriation and without regard to any
spending limitation under section 3351(c), to the WTC Program
Administrator for the purpose of carrying out section 3312 with
regard to WTC responders enrolled in the WTC Program based on
eligibility criteria described in subclause (III) or (IV) of
section 3311(a)(2)(C)(i).
``(2) Limitation on other funding.--Notwithstanding
sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any
other provision in this title, for the period of fiscal years
2024 through 2033, no amounts made available under this title
other than those amounts appropriated under subsection (b) may
be available for the purpose described in paragraph (1).
``(d) Remaining Amounts.--Any amounts that remain in the Pentagon/
Shanksville Fund on September 30, 2033, shall be deposited into the
World Trade Center Health Program Fund in accordance with section
3351(a)(6) and remain available in accordance with section
3351(a)(5).''.
(c) Conforming Amendments.--Title XXXIII of the Public Health
Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-
21(a)(4)(B)(i)(II)), by striking ``sections 3351 and 3352'' and
inserting ``this title'';
(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-
31(a)(3)(B)(i)(II)), by striking ``sections 3351 and 3352'' and
inserting ``this title'';
(3) in section 3331 (42 U.S.C. 300mm-41)--
(A) in subsection (a), by striking ``the World
Trade Center Health Program Fund and the World Trade
Center Health Program Supplemental Fund'' and inserting
``(as applicable) the Funds established under sections
3351, 3352, 3353, and 3354''; and
(B) in subsection (d)--
(i) in paragraph (1)(A), by inserting ``or
the World Trade Center Health Program Special
Fund under section 3353'' after ``section
3351'';
(ii) in paragraph (1)(B), by inserting ``or
the World Trade Center Health Program Fund for
Certain WTC Responders at the Pentagon and
Shanksville, Pennsylvania under section 3354''
after ``section 3352''; and
(iii) in paragraph (2), in the flush text
following subparagraph (C), by inserting ``or
the World Trade Center Health Program Fund for
Certain WTC Responders at the Pentagon and
Shanksville, Pennsylvania under section 3354''
after ``section 3352''; and
(4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
(A) in paragraph (1), by striking ``subsection
(a)(2)'' and inserting ``paragraph (2) or (6) of
subsection (a)'';
(B) in paragraph (2), by inserting ``, the World
Trade Center Health Program Special Fund under section
3353, or the World Trade Center Health Program Fund for
Certain WTC Responders at the Pentagon and Shanksville,
Pennsylvania under section 3354'' before the period at
the end; and
(C) in paragraph (3), by inserting ``, the World
Trade Center Health Program Special Fund under section
3353, or the World Trade Center Health Program Fund for
Certain WTC Responders at the Pentagon and Shanksville,
Pennsylvania under section 3354'' before the period at
the end.
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