[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 739 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 739
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 SENATE OF THE UNITED STATES
February 26, 2025
Mrs. Gillibrand (for herself and Mr. Schumer) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
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 2025''.
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 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 2025, 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), by amending clause (xi) to
read as follows:
``(xi) for each of fiscal years 2026
through 2090--
``(I) the amount determined under
this subparagraph for the previous
fiscal year multiplied by 1.07;
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 2025, 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
2025;'';
(ii) by amending subparagraph (B) to read
as follows:
``(B) for fiscal year 2026, 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 2025; or
``(ii) the amount expended for the previous
fiscal year for the purposes described in this
paragraph increased by 25 percent; and''; and
(iii) in subparagraph (C), by striking
``the amount specified under this paragraph for
the previous fiscal year'' and inserting ``the
amount expended for the previous fiscal year
for such purposes''; and
(B) in paragraph (5)--
(i) by amending subparagraph (A) to read as
follows:
``(A) for fiscal year 2025, 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
2025;'';
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by inserting after subparagraph (A)
the following:
``(B) for fiscal year 2026, 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 2025; or
``(ii) the amount expended for the previous
fiscal year for the purpose described in this
paragraph increased by 25 percent; and''; and
(iv) in subparagraph (C), as so
redesignated, by striking ``the amount
specified under this paragraph for the previous
fiscal year'' and inserting ``the amount
expended for the previous fiscal year for such
purpose''.
(b) Technical Amendments.--Title XXXIII of the Public Health
Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3352 (42 U.S.C. 300mm-62), by amending
subsection (d) to read as follows:
``(d) Remaining Amounts.--Amounts remaining in the Supplemental
Fund shall revert to the Treasury in accordance with section 1552 of
title 31, United States Code.'';
(2) in section 3353 (42 U.S.C. 300mm-63), by amending
subsection (d) to read as follows:
``(d) Remaining Amounts.--Amounts remaining in the Special Fund
shall revert to the Treasury in accordance with section 1552 of title
31, United States Code.''; and
(3) in section 3354 (42 U.S.C. 300mm-64), by amending
subsection (d) to read as follows:
``(d) Remaining Amounts.--Amounts remaining in the Pentagon/
Shanksville Fund shall revert to the Treasury in accordance with
section 1552 of title 31, United States Code.''.
SEC. 7. REPORT TO CONGRESS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary'') shall conduct an assessment of
anticipated budget authority and outlays of the World Trade Center
Health Program (referred to in this section as the ``Program'') through
the duration of the Program and submit a report summarizing such
assessment to--
(1) the Speaker and minority leader of the House of
Representatives;
(2) the majority and minority leaders of the Senate;
(3) the Committee on Health, Education, Labor, and Pensions
and Committee on the Budget of the Senate; and
(4) the Committee on Energy and Commerce and the Committee
on the Budget of the House of Representatives.
(b) Inclusions.--The report required under subsection (a) shall
include--
(1) a projection of Program budgetary needs on a per-fiscal
year basis through fiscal year 2090;
(2) a review of Program modeling for each of fiscal years
2017 through the fiscal year prior to the fiscal year in which
the report is issued to assess how anticipated budgetary needs
compared to actual expenditures;
(3) an assessment of the projected budget authority and
expenditures of the Program through fiscal year 2090; and
(4) any recommendations of the Secretary to make changes to
the formula under section 3351(a)(2)(A) of the Public Health
Service Act (42 U.S.C. 300mm-61(a)(2)(A)), as amended by
section 6(a)(1), to fully offset anticipated Program
expenditures through fiscal year 2090.
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