S.Amdt. 6206

1. Adds DIVISION E--9/11 RESPONDER AND SURVIVOR HEALTH FUNDING CORRECTION ACT at the end of S.Amdt. 5499

   Adds a section

   In S.Amdt. 5499 as proposed

   (b) Derivation of Funds.--Funds to carry out this section shall be derived from amounts authorized to be appropriated to the National Weather Service that are enacted after the date of the enactment of this Act.

   Inserted: DIVISION E--9/11 RESPONDER AND SURVIVOR HEALTH FUNDING CORRECTION ACT

   Inserted: SEC. 5001. SHORT TITLE.

   Inserted: This division may be cited as the "9/11 Responder and Survivor Health Funding Correction Act".

   Inserted: SEC. 5002. FLEXIBILITY FOR CERTIFICATIONS UNDER THE WORLD TRADE CENTER HEALTH PROGRAM.

   Inserted: (a) In General.--Section 3305(a) of the Public Health Service Act (42 U.S.C. 300mm-4(a)) is amended--

   Inserted: (1) in paragraph (1)(A), by inserting "subject to paragraph (6)," before "for"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(6) Licensed health care provider flexibility.--

   Inserted: "(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).

   Inserted: "(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, 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).".

   Inserted: (b) Flexibility for WTC Responders.--Section 3312(b) of such Act (42 U.S.C. 300mm-22(b)) is amended--

   Inserted: (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)";

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   Inserted: (2) in paragraph (2)--

   Inserted: (A) in subparagraph (A)--

   Inserted: (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)";

   Inserted: (ii) in clause (i), by striking "physician" and inserting "physician or other licensed health care provider"; and

   Inserted: (iii) in clause (ii), by striking "such physician's determination" and inserting "the determination of such physician or other licensed health care provider"; and

   Inserted: (B) in subparagraph (B)--

   Inserted: (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

   Inserted: (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

   Inserted: (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)".

   Inserted: SEC. 5003. CRITERIA FOR CREDENTIALING HEALTH CARE PROVIDERS PARTICIPATING IN THE NATIONWIDE NETWORK.

   Inserted: Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended--

   Inserted: (1) in section 3305(a)(2) (42 U.S.C. 300mm-4(a)(2))--

   Inserted: (A) in subparagraph (A)--

   Inserted: (i) by striking clause (iv); and

   Inserted: (ii) by redesignating clauses (v) and (vi) as clauses (iv) and (v), respectively;

   Inserted: (B) by striking subparagraph (B); and

   Inserted: (C) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and

   Inserted: (2) in section 3313(b)(1) (42 U.S.C. 300mm-23(b)(1)), by striking "Data Centers" and inserting "WTC Program Administrator".

   Inserted: SEC. 5004. DEPARTMENT OF DEFENSE, ARMED FORCES, OR OTHER FEDERAL WORKER RESPONDERS TO THE SEPTEMBER 11 ATTACKS AT THE PENTAGON AND SHANKSVILLE, PENNSYLVANIA.

   Inserted: Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended--

   Inserted: (1) in section 3306 (42 U.S.C. 300mm-5)--

   Inserted: (A) by redesignating paragraphs (5) through (11) and paragraphs (12) through (17) as paragraphs (6) through (12) and paragraphs (14) through (19), respectively;

   Inserted: (B) by inserting after paragraph (4) the following:

   Inserted: "(5) Federal agency.--The term 'Federal agency' means an agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government."; and

   Inserted: (C) by inserting after paragraph (12), as so redesignated, the following:

   Inserted: "(13) Uniformed services.--The term 'uniformed services' has the meaning given the term in section 101(a) of title 10, United States Code."; and

   Inserted: (2) in section 3311(a)(2)(C)(i) (42 U.S.C. 300mm-21(a)(2)(C)(i))--

   Inserted: (A) in subclause (I), by inserting "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, was a member of a regular or reserve component of the uniformed services," before "was a member"; and

   Inserted: (B) in subclause (II), by inserting "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, was a member of a regular or reserve component of the uniformed services," before "was a member".

   Inserted: SEC. 5005. CLARIFYING CALCULATION OF ENROLLMENT.

   Inserted: (a) Responders.--Section 3311(a) of such Act (42 U.S.C. 300mm-21(a)) is amended by adding at the end the following:

   Inserted: "(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.".

   Inserted: (b) Survivors.--Section 3321(a) of such Act (42 U.S.C. 300mm-31(a)) is amended by adding at the end the following:

   Inserted: "(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.".

   Inserted: SEC. 5006. RESEARCH COHORT FOR EMERGING HEALTH IMPACTS ON YOUTH.

   Inserted: (a) In General.--Section 3341 of the Public Health Service Act (42 U.S.C. 300mm-51) is amended--

   Inserted: (1) in subsection (a)--

   Inserted: (A) in the matter preceding paragraph (1), by striking "With respect" through "subtitle B, the" and inserting "The"; and

   Inserted: (B) by striking "of such individuals" each place it appears;

   Inserted: (2) in subsection (b)(1), by inserting "and individuals who were exposed to airborne toxins, or any other hazard or adverse condition, resulting from the September 11, 2001, terrorist attacks" after "treatment";

   Inserted: (3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

   Inserted: (4) by inserting after subsection (b) the following:

   Inserted: "(c) Research Cohort for Emerging Health Impacts on Youth.--

   Inserted: "(1) In general.--The WTC Program Administrator, in consultation with the Secretary of Education, shall establish a research cohort of sufficient size to conduct future research studies on the health and educational impacts of exposure to airborne toxins, or any other hazard or adverse condition, resulting from the September 11, 2001, terrorist attacks, including on the population of individuals who were 21 years of age or younger at the time of exposure, including such individuals who are screening-eligible WTC survivors or certified-eligible WTC survivors.

   Inserted: "(2) Populations studied.--The research cohort under paragraph (1) may include--

   Inserted: "(A) individuals who, on September 11, 2001, were 21 years of age or younger and were--

   Inserted: "(i) outside the New York City disaster area; and

   Inserted: "(ii) in--

   Inserted: "(I) the area of Manhattan not further north than 14th Street; or

   Inserted: "(II) Brooklyn; and

   Inserted: "(B) control populations, including populations of individuals who, on September 11, 2001, were 21 years of age or younger.".

   Inserted: (b) Spending Limitation Exemption.--Section 3351(c)(5) of such Act (42 U.S.C. 300mm-61(c)(5)) is amended in the matter preceding subparagraph (A), by inserting "(other than for the purpose of establishing and maintaining the research cohort described in subsection (c) of such section)" after "section 3341".

   Inserted: (c) Conforming Amendment.--Section 3301(f)(2)(E) of such Act (42 U.S.C. 300mm(f)(2)(E)) is amended by striking "section 3341(a)" and inserting "subsection (a) or (c) of section 3341".

   Inserted: SEC. 5007. FUNDING FOR THE WORLD TRADE CENTER HEALTH PROGRAM.

   Inserted: (a) Federal Funding.--Section 3351 of the Public Health Service Act (42 U.S.C. 300mm-61) is amended--

   Inserted: (1) in subsection (a)(2)(A)--

   Inserted: (A) in clause (x), by striking "and";

   Inserted: (B) in clause (xi)--

   Inserted: (i) by striking "subsequent fiscal year through fiscal year 2090" and inserting "of fiscal years 2026 through 2032"; and

   Inserted: (ii) by striking "plus" and inserting "and"; and

   Inserted: (C) by adding at the end the following:

   Inserted: "(xii) for each of fiscal years 2033 through 2090--

   Inserted: "(I) the amount determined under this subparagraph for the previous fiscal year (plus, as applicable, the amount expended from the Supplemental Fund under section 3352 in the previous fiscal year and the amount expended from the Fund in the previous fiscal year that was deposited in any year prior to the previous fiscal year) multiplied by 1.05; multiplied by

   Inserted: "(II) the ratio of--

   Inserted: "(aa) the total number of individuals enrolled in the WTC program on July 1 of such previous fiscal year; to

   Inserted: "(bb) the total number of individuals so enrolled on July 1 of the fiscal year prior to such previous fiscal year; plus"; and

   Inserted: (2) in subsection (c)--

   Inserted: (A) by amending paragraph (3) to read as follows:

   Inserted: "(3) Education and outreach.--For the purpose of carrying out section 3303--

   Inserted: "(A) for each of fiscal years 2016 through 2023, $750,000; and

   Inserted: "(B) for fiscal year 2024 and each subsequent fiscal year, $2,000,000.";

   Inserted: (B) in paragraph (4)--

   Inserted: (i) by amending subparagraph (A) to read as follows:

   Inserted: "(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"; and

   Inserted: (ii) in subparagraph (B), by striking "2017, $15,000,000" and inserting "2024, $20,000,000"; and

   Inserted: (C) in paragraph (5)--

   Inserted: (i) by amending subparagraph (A) to read as follows:

   Inserted: "(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;";

   Inserted: (ii) by redesignating subparagraph (B) as subparagraph (C); and

   Inserted: (iii) by inserting after subparagraph (A) the following:

   Inserted: "(B) for fiscal year 2024, $20,000,000; and".

   Inserted: (b) Supplemental Funding for the World Trade Center Health Program.--

   Inserted: (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:

   Inserted: "SEC. 3352. SUPPLEMENTAL FUND.

   Inserted: "(a) In General.--There is established a fund to be known as the World Trade Center Health Program Supplemental Fund (referred to in this section as the 'Supplemental Fund'), consisting of amounts deposited into the Fund under subsection (b).

   Inserted: "(b) Amount.--Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2022 $3,064,535,940, for deposit into the Supplemental Fund, which amounts shall remain available through fiscal year 2032.

   Inserted: "(c) Uses of Funds.--Amounts deposited into the Supplemental 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).

   Inserted: "(d) Return of Funds.--Any amounts that remain in the Supplemental Fund on September 30, 2032, shall be deposited into the Treasury as miscellaneous receipts.".

   Inserted: (2) Conforming amendments.--Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended--

   Inserted: (A) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm-21(a)(4)(B)(i)(II)), by striking "section 3351" and inserting "sections 3351 and 3352";

   Inserted: (B) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm-31(a)(3)(B)(i)(II)), by striking "section 3351" and inserting "sections 3351 and 3352";

   Inserted: (C) in section 3331 (42 U.S.C. 300mm-41)--

   Inserted: (i) in subsection (a), by inserting "and the World Trade Center Health Program Supplemental Fund" before the period at the end; and

   Inserted: (ii) in subsection (d)--

   Inserted: (I) in paragraph (1)(B)(i), as amended by subsection (c)(1), by inserting "(excluding any expenditures from amounts in the World Trade Center Health Program Supplemental Fund under section 3352)" before the period at the end; and

   Inserted: (II) in paragraph (2), in the flush text following subparagraph (C), by inserting "(excluding any expenditures from amounts in the World Trade Center Health Program Supplemental Fund under section 3352)" before the period at the end; and

   Inserted: (D) in section 3351(b) (42 U.S.C. 300mm-61(b))--

   Inserted: (i) in paragraph (2), by inserting "or as available from the World Trade Center Health Program Supplemental Fund under section 3352" before the period at the end; and

   Inserted: (ii) in paragraph (3), by inserting "or as available from the World Trade Center Health Program Supplemental Fund under section 3352" before the period at the end.

   Inserted: (c) Required Contribution by New York City.--Section 3331(d)(1)(B) of such Act (42 U.S.C. 300mm-41(d)(1)(B)) is amended--

   Inserted: (1) by striking "(B) Full contribution amount.--Under" and inserting the following:

   Inserted: "(B) Full contribution amount.--

   Inserted: "(i) In general.--Under";

   Inserted: (2) by striking "fiscal year 2090" and inserting "fiscal year 2032"; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(ii) After fiscal year 2032.--Under such contract, with respect to each calendar quarter of fiscal year 2033 and of each subsequent fiscal year through fiscal year 2090, the full contribution amount under this subparagraph shall be equal to--

   Inserted: "(I) 10 percent of the expenditures in carrying out this title for the respective quarter; multiplied by

   Inserted: "(II) the ratio of--

   Inserted: "(aa) the number of individuals receiving any monitoring, treatment, evaluation, or other benefits under this title who at any time during the prior calendar year lived in New York City; to

   Inserted: "(bb) the total number of individuals receiving any monitoring, treatment, evaluation, or other benefits under this title for such prior calendar year.".

   Original wording

   At the end, add the following:

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As printed