[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9101 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9101
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
July 23, 2024
Mr. Garbarino (for himself, Mr. Williams of New York, Mr. Meeks, Mr.
Kennedy, Ms. Clarke of New York, Ms. Malliotakis, Ms. Meng, Ms. Tenney,
Mr. Lawler, Mr. LaLota, Mr. Langworthy, Mr. Tonko, Mr. Ryan, Mr.
Morelle, Ms. Ocasio-Cortez, Ms. Stefanik, Mr. Torres of New York, Mr.
Molinaro, Mr. Bowman, Ms. Velazquez, Mr. Suozzi, Mr. Fitzpatrick, and
Mr. Kean of New Jersey) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on the Budget, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
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 2024''.
SEC. 2. FLEXIBILITY FOR MENTAL HEALTH CONDITION 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 mental health provider flexibility for
mental health condition certifications.--
``(A) In general.--For purposes of an initial
health evaluation described in paragraph (1)(A) with
respect to a mental health condition (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 mental health provider in a category of
mental health care providers determined by the WTC
Program Administrator under subparagraph (B).
``(B) Categories of licensed mental health
providers.--Not later than 180 days after the date of
enactment of the 9/11 Responder and Survivor Health
Funding Correction Act of 2024, the WTC Program
Administrator shall issue regulations for the
categories of licensed mental health providers who, in
addition to licensed physicians, may conduct
evaluations under subparagraph (A) with respect to a
mental health condition and make determinations under
section 3312(b) with respect to such a condition.''.
(b) Flexibility for WTC Responders.--Section 3312(b) of such Act
(42 U.S.C. 300mm-22(b)) is amended--
(1) in paragraph (1)(A)--
(A) in the matter preceding clause (i), by striking
``physician'' and inserting ``physician (or, in the
case of a mental health condition, a physician or any
other qualified mental health provider)''; and
(B) in clause (i), by striking ``physician'' and
inserting ``physician or other qualified mental health
provider'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``physician'' and inserting
``physician (or, in the case of a mental health
condition, a physician or any other qualified
mental health provider)'';
(ii) in clause (i), by striking
``physician'' and inserting ``physician or
other qualified mental health provider''; and
(iii) in clause (ii), by striking ``such
physician's determination'' and inserting ``the
determination of such physician or other
qualified mental health provider''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``physician determinations'' and
inserting ``determinations by physicians (or,
in the case of a mental health condition,
physicians or other qualified mental health
providers)''; and
(ii) in clause (i), by striking ``physician
panel'' and inserting ``panel of physicians
(or, in the case of a mental health condition,
physicians or other qualified mental health
providers)'';
(3) in paragraph (5), by striking ``examining physician''
and inserting ``examining physician (or, in the case of a
mental health condition, examining physician or other qualified
mental health provider)''; and
(4) by adding at the end the following:
``(6) Definition of `qualified mental health provider'.--
For purposes of this subsection, the term `qualified mental
health provider' means a licensed mental health provider in a
category determined by the WTC Program Administrator under
section 3305(a)(6)(B).''.
SEC. 3. 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. 4. 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. 5. 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. 6. FUNDING FOR THE WORLD TRADE CENTER HEALTH PROGRAM.
(a) In General.--Section 3351 of the Public Health Service Act (42
U.S.C. 300mm-61) is amended--
(1) in subsection (a)(2)(A)--
(A) in clause (x), by striking ``and'';
(B) in clause (xi)--
(i) by striking ``subsequent fiscal year
through fiscal year 2090'' and inserting ``of
fiscal years 2026 through 2034''; and
(ii) by striking ``plus'' and inserting
``and''; and
(C) by adding at the end the following:
``(xii) for each of fiscal years 2035
through 2090--
``(I) the amount determined under
this subparagraph for the previous
fiscal year (plus any amount expended
from the Fund 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 section 3352(d), 3353(d), or
3354(d)) 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
(2) in subsection (c)--
(A) in paragraph (4)--
(i) by amending subparagraph (A) to read as
follows:
``(A) for fiscal year 2024, 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
2024;''; and
(ii) by amending subparagraph (B) to read
as follows:
``(B) for fiscal year 2025, 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 2024; or
``(ii) $20,000,000; and''; and
(B) in paragraph (5)--
(i) by amending subparagraph (A) to read as
follows:
``(A) for fiscal year 2024, 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
2024;'';
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A)
the following:
``(B) for fiscal year 2025, 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 2024; or
``(ii) $20,000,000; and''.
(b) Additional Amounts for the World Trade Center Health Program
Special Fund.--Section 3353(b) of the Public Health Service Act (42
U.S.C. 300mm-63(b)) is amended--
(1) by striking ``Out'' and inserting the following:
``(1) Initial deposit.--Out''; and
(2) by adding at the end the following:
``(2) Additional deposit.--Out of any money in the Treasury
not otherwise appropriated, there is appropriated for fiscal
year 2024 $2,970,406,593 for deposit into the Special Fund,
which amounts shall remain available in such Fund through
fiscal year 2033.''.
(c) Reallocation of Any Remaining Amounts in Separate Funds.--
(1) Supplemental fund.--Section 3352(d) of the Public
Health Service Act (42 U.S.C. 300mm-62(d)) is amended--
(A) in the subsection heading, by striking ``Return
of Funds'' and inserting ``Remaining Amounts''; and
(B) by striking ``the Treasury as miscellaneous
receipts'' and inserting ``the World Trade Center
Health Program Fund under section 3351 for fiscal year
2033 and, notwithstanding subsections (b) and (c),
remain available, for the purposes described in this
title, through fiscal year 2090 in accordance with
subsection (a)(5) of section 3351 and subject to the
spending limitations under subsection (c) of such
section''.
(2) Special fund.--Section 3353(d) of the Public Health
Service Act (42 U.S.C. 300mm-63(d)) is amended by striking
``the Treasury as miscellaneous receipts'' and inserting ``the
World Trade Center Health Program Fund under section 3351 for
fiscal year 2034 and, notwithstanding subsections (b) and (c),
remain available, for the purposes described in this title,
through fiscal year 2090 in accordance with subsection (a)(5)
of section 3351 and subject to the spending limitations under
subsection (c) of such section''.
(3) Pentagon/shanksville fund.--Section 3354(d) of the
Public Health Service Act (42 U.S.C. 300mm-64(d)) is amended by
striking ``the Treasury as miscellaneous receipts'' and
inserting ``the World Trade Center Health Program Fund under
section 3351 for fiscal year 2034 and, notwithstanding
subsections (b) and (c), remain available, for the purposes
described in this title, through fiscal year 2090 in accordance
with subsection (a)(5) of section 3351 and subject to the
spending limitations under subsection (c) of such section''.
(4) Availability.--Section 3351 of the Public Health
Service Act (42 U.S.C. 300mm-61) is amended--
(A) in subsection (a)(5), by inserting ``or
deposited into the Fund under any other section in this
title,'' before ``for a fiscal year''; and
(B) in subsection (b)(1), by inserting ``or any
other section in this title'' after ``subsection
(a)(2)''.
SEC. 7. OFFSET.
(a) In General.--Section 251A(6)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)(D)) is
amended--
(1) in clause (i), by striking ``8 months'' and inserting
``10 months''; and
(2) in clause (ii), by striking ``4 months'' and inserting
``2 months''.
(b) Deposit of Excess Savings in the Medicare Improvement Fund.--
(1) Definition.--In this subsection, the term ``excess
savings'' means the difference obtained by subtracting--
(A) the amount of the budgetary effects (as
determined in accordance with the Statutory Pay-As-You-
Go Act of 2010 (2 U.S.C. 931 et seq.)) of sections 2
through 6 of this Act; from
(B) the amount of the budgetary effects (as
determined in accordance with the Statutory Pay-As-You-
Go Act of 2010 (2 U.S.C. 931 et seq.)) of the amendment
made by subsection (a) of this section.
(2) Deposit.--The amount of any excess savings shall be
transferred to and merged with amounts in the Medicare
Improvement Fund established under section 1898 of the Social
Security Act (42 U.S.C. 1395iii). Amounts transferred under
this paragraph shall remain available until expended.
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