December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8947
the Rules of the U.S. House of Representa- at any time to take from the Speaker’s ‘‘PART 2—WTC SURVIVORS
tives, the Clerk received the following mes- table the bill H.R. 847, with the Senate ‘‘Sec. 3321. Identification and initial health
sage from the Secretary of the Senate on De- amendment thereto, and to consider in evaluation of screening-eligible
cember 22, 2010 at 11:30 a.m.: and certified-eligible WTC sur-
That the Senate passed S. 4053.
the House, without intervention of any
point of order except those arising vivors.
With best wishes, I am ‘‘Sec. 3322. Followup monitoring and treat-
Sincerely, under clause 10 in rule XXI, a motion ment of certified-eligible WTC sur-
LORRAINE C. MILLER. offered by the chair of the Committee vivors for WTC-related health
f on Energy and Commerce or his des- conditions.
ignee that the House concur in the ‘‘Sec. 3323. Followup monitoring and treat-
COMMUNICATION FROM THE ment of other individuals with
Senate amendment; that the Senate
CLERK OF THE HOUSE WTC-related health conditions.
amendment be considered as read; that
The SPEAKER pro tempore laid be- the motion be debatable for 30 minutes ‘‘PART 3—PAYOR PROVISIONS
fore the House the following commu- equally divided and controlled by the ‘‘Sec. 3331. Payment of claims.
nication from the Clerk of the House of Chair and ranking minority member of ‘‘Sec. 3332. Administrative arrangement au-
Representatives: the Committee on Energy and Com- thority.
OFFICE OF THE CLERK, merce; and that the previous question ‘‘Subtitle C—Research Into Conditions
HOUSE OF REPRESENTATIVES, be considered as ordered on the motion ‘‘Sec. 3341. Research regarding certain
Washington, DC, December 22, 2010. to final adoption without intervening health conditions related to Sep-
Hon. NANCY PELOSI, tember 11 terrorist attacks.
The Speaker, U.S. Capitol, ‘‘Sec. 3342. World Trade Center Health Reg-
House of Representatives, Washington, DC.
The SPEAKER pro tempore. Is there istry.
DEAR MADAM SPEAKER: Pursuant to the objection to the request of the gen-
permission granted in Clause 2(h) of rule II of tleman from New York?
There was no objection. ‘‘Sec. 3351. World Trade Center Health Pro-
the Rules of the U.S. House of Representa-
tives, the Clerk received the following mes- Mr. PALLONE. Madam Speaker, pur-
sage from the Secretary of the Senate on De- suant to the order of the House of TITLE II—SEPTEMBER 11TH VICTIM
cember 22, 2010 at 2:17 p.m.: COMPENSATION FUND OF 2001
today, I call up the bill (H.R. 847) to
That the Senate passed without amend- amend the Public Health Service Act Sec. 201. Definitions.
ment H.R. 6398. Sec. 202. Extended and expanded eligibility for
With best wishes, I am to extend and improve protections and compensation.
Sincerely, services to individuals directly im- Sec. 203. Requirement to update regulations.
LORRAINE C. MILLER. pacted by the terrorist attack in New Sec. 204. Limited liability for certain claims.
f York City on September 11, 2001, and Sec. 205. Funding; attorney fees.
for other purposes, with the Senate TITLE III—REVENUE RELATED
COMMUNICATION FROM THE amendment thereto, and I have a mo- PROVISIONS
CLERK OF THE HOUSE tion at the desk. Sec. 301. Excise tax on foreign procurement.
The SPEAKER pro tempore laid be- The Clerk read the title of the bill. Sec. 302. Renewal of fees for visa-dependent
fore the House the following commu- The SPEAKER pro tempore. The employers.
nication from the Clerk of the House of Clerk will designate the Senate amend- TITLE IV—BUDGETARY EFFECTS
Representatives: ment. Sec. 401. Compliance with Statutory Pay-As-
OFFICE OF THE CLERK, The text of the Senate amendment is You-Go Act of 2010.
HOUSE OF REPRESENTATIVES, as follows: TITLE I—WORLD TRADE CENTER HEALTH
Washington, DC, December 22, 2010. Senate amendment: PROGRAM
Hon. NANCY PELOSI, Strike all after the enacting clause and in- SEC. 101. WORLD TRADE CENTER HEALTH PRO-
The Speaker, U.S. Capitol, sert the following: GRAM.
House of Representatives, Washington, DC. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. The Public Health Service Act is amended by
DEAR MADAM SPEAKER: Pursuant to the (a) SHORT TITLE.—This Act may be cited as adding at the end the following new title:
permission granted in clause 2(h) of rule II of the ‘‘James Zadroga 9/11 Health and Compensa- ‘‘TITLE XXXIII—WORLD TRADE CENTER
the Rules of the U.S. House of Representa- tion Act of 2010’’. HEALTH PROGRAM
tives, the Clerk received the following mes- (b) TABLE OF CONTENTS.—The table of con- ‘‘Subtitle A—Establishment of Program;
sage from the Secretary of the Senate on De- tents of this Act is as follows: Advisory Committee
cember 22, 2010 at 3:11 p.m.: Sec. 1. Short title; table of contents.
That the Senate passed with an amend- ‘‘SEC. 3301. ESTABLISHMENT OF WORLD TRADE
TITLE I—WORLD TRADE CENTER HEALTH CENTER HEALTH PROGRAM.
ment H.R. 847.
With best wishes, I am PROGRAM ‘‘(a) IN GENERAL.—There is hereby established
Sincerely, Sec. 101. World Trade Center Health Program. within the Department of Health and Human
LORRAINE C. MILLER. ‘‘TITLE XXXIII—WORLD TRADE CENTER Services a program to be known as the World
HEALTH PROGRAM Trade Center Health Program, which shall be
‘‘Subtitle A—Establishment of Program; administered by the WTC Program Adminis-
CONDITIONAL ADJOURNMENT TO Advisory Committee trator, to provide beginning on July 1, 2011—
FRIDAY, DECEMBER 24, 2010 ‘‘(1) medical monitoring and treatment bene-
‘‘Sec. 3301. Establishment of World Trade fits to eligible emergency responders and recov-
Mr. ARCURI. Madam Speaker, I ask Center Health Program. ery and cleanup workers (including those who
unanimous consent that when the ‘‘Sec. 3302. WTC Health Program Scientific/ are Federal employees) who responded to the
House adjourns today on a motion of- Technical Advisory Committee; September 11, 2001, terrorist attacks; and
WTC Health Program Steering
fered pursuant to this order, it adjourn ‘‘(2) initial health evaluation, monitoring, and
Committees. treatment benefits to residents and other build-
to meet at 11 a.m. on Friday, December ‘‘Sec. 3303. Education and outreach.
24, 2010, unless it sooner has received a ing occupants and area workers in New York
‘‘Sec. 3304. Uniform data collection and
City who were directly impacted and adversely
message from the Senate transmitting analysis.
affected by such attacks.
its concurrence in House Concurrent ‘‘Sec. 3305. Clinical Centers of Excellence
‘‘(b) COMPONENTS OF PROGRAM.—The WTC
Resolution 336, in which case the House and Data Centers.
Program includes the following components:
shall stand adjourned sine die pursuant ‘‘Sec. 3306. Definitions.
‘‘(1) MEDICAL MONITORING FOR RESPONDERS.—
to that concurrent resolution. ‘‘Subtitle B—Program of Monitoring, Initial Medical monitoring under section 3311, includ-
The SPEAKER pro tempore. Is there Health Evaluations, and Treatment ing clinical examinations and long-term health
objection to the request of the gen- ‘‘PART 1—WTC RESPONDERS monitoring and analysis for enrolled WTC re-
tleman from New York? ‘‘Sec. 3311. Identification of WTC respond- sponders who were likely to have been exposed
to airborne toxins that were released, or to other
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There was no objection. ers and provision of WTC-related
monitoring services. hazards, as a result of the September 11, 2001,
f ‘‘Sec. 3312. Treatment of enrolled WTC re- terrorist attacks.
JAMES ZADROGA 9/11 HEALTH AND sponders for WTC-related health ‘‘(2) INITIAL HEALTH EVALUATION FOR SUR-
conditions. VIVORS.—An initial health evaluation under sec-
COMPENSATION ACT OF 2010
‘‘Sec. 3313. National arrangement for bene- tion 3321, including an evaluation to determine
Mr. ARCURI. Madam Speaker, I ask fits for eligible individuals outside eligibility for followup monitoring and treat-
unanimous consent that it be in order New York. ment.
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H8948 CONGRESSIONAL RECORD — HOUSE December 22, 2010
‘‘(3) FOLLOWUP MONITORING AND TREATMENT program and the number of such individuals ‘‘(1) ESTABLISHMENT.—The WTC Program Ad-
FOR WTC-RELATED HEALTH CONDITIONS FOR RE- who received medical treatment under the pro- ministrator shall establish an advisory com-
SPONDERS AND SURVIVORS.—Provision under sec- gram; mittee to be known as the WTC Health Program
tions 3312, 3322, and 3323 of followup monitoring ‘‘(iii) with respect to individuals so certified Scientific/Technical Advisory Committee (in this
and treatment and payment, subject to the pro- who received such treatment, on the WTC-re- subsection referred to as the ‘Advisory Com-
visions of subsection (d), for all medically nec- lated health conditions for which they were mittee’) to review scientific and medical evidence
essary health and mental health care expenses treated; and and to make recommendations to the Adminis-
of an individual with respect to a WTC-related ‘‘(iv) on the projected number of individuals trator on additional WTC Program eligibility
health condition (including necessary prescrip- who will be certified under subtitle B in the suc- criteria and on additional WTC-related health
tion drugs). ceeding fiscal year and the succeeding 10-year conditions.
‘‘(4) OUTREACH.—Establishment under section period. ‘‘(2) COMPOSITION.—The WTC Program Ad-
3303 of an education and outreach program to ‘‘(B) MONITORING, INITIAL HEALTH EVALUA- ministrator shall appoint the members of the Ad-
potentially eligible individuals concerning the TION, AND TREATMENT COSTS.—For each clinical visory Committee and shall include at least—
benefits under this title. program so described— ‘‘(A) 4 occupational physicians, at least 2 of
‘‘(5) CLINICAL DATA COLLECTION AND ANAL- ‘‘(i) information on the costs of monitoring whom have experience treating WTC rescue and
YSIS.—Collection and analysis under section and initial health evaluation and the costs of recovery workers;
3304 of health and mental health data relating treatment and on the estimated costs of such ‘‘(B) 1 physician with expertise in pulmonary
to individuals receiving monitoring or treatment monitoring, evaluation, and treatment in the medicine;
benefits in a uniform manner in collaboration succeeding fiscal year; and ‘‘(C) 2 environmental medicine or environ-
with the collection of epidemiological data ‘‘(ii) an estimate of the cost of medical treat- mental health specialists;
under section 3342. ment for WTC-related health conditions that ‘‘(D) 2 representatives of WTC responders;
‘‘(6) RESEARCH ON HEALTH CONDITIONS.—Es- have been paid for or reimbursed by workers’ ‘‘(E) 2 representatives of certified-eligible WTC
tablishment under subtitle C of a research pro- compensation, by public or private health plans, survivors;
gram on health conditions resulting from the or by New York City under section 3331. ‘‘(F) an industrial hygienist;
September 11, 2001, terrorist attacks. ‘‘(C) ADMINISTRATIVE COSTS.—Information on ‘‘(G) a toxicologist;
‘‘(c) NO COST SHARING.—Monitoring and the cost of administering the program, including ‘‘(H) an epidemiologist; and
treatment benefits and initial health evaluation costs of program support, data collection and ‘‘(I) a mental health professional.
benefits are provided under subtitle B without analysis, and research conducted under the pro- ‘‘(3) MEETINGS.—The Advisory Committee
any deductibles, copayments, or other cost shar- gram. shall meet at such frequency as may be required
ing to an enrolled WTC responder or certified-el- ‘‘(D) ADMINISTRATIVE EXPERIENCE.—Informa- to carry out its duties.
tion on the administrative performance of the ‘‘(4) REPORTS.—The WTC Program Adminis-
igible WTC survivor. Initial health evaluation
program, including— trator shall provide for publication of rec-
benefits are provided under subtitle B without
‘‘(i) the performance of the program in pro- ommendations of the Advisory Committee on the
any deductibles, copayments, or other cost shar-
viding timely evaluation of and treatment to eli- public Web site established for the WTC Pro-
ing to a screening-eligible WTC survivor.
‘‘(d) PREVENTING FRAUD AND UNREASONABLE gible individuals; and gram.
‘‘(ii) a list of the Clinical Centers of Excel- ‘‘(5) DURATION.—Notwithstanding any other
‘‘(1) FRAUD.—The Inspector General of the lence and other providers that are participating provision of law, the Advisory Committee shall
Department of Health and Human Services shall in the program. continue in operation during the period in
develop and implement a program to review the ‘‘(E) SCIENTIFIC REPORTS.—A summary of the which the WTC Program is in operation.
findings of any new scientific reports or studies ‘‘(6) APPLICATION OF FACA.—Except as other-
WTC Program’s health care expenditures to de-
on the health effects associated with exposure wise specifically provided, the Advisory Com-
tect fraudulent or duplicate billing and payment
described in section 3306(1), including the find- mittee shall be subject to the Federal Advisory
for inappropriate services. This title is a Federal
ings of research conducted under section Committee Act.
health care program (as defined in section
3341(a). ‘‘(b) WTC HEALTH PROGRAM STEERING COM-
1128B(f) of the Social Security Act) and is a
‘‘(F) ADVISORY COMMITTEE RECOMMENDA- MITTEES.—
health plan (as defined in section 1128C(c) of ‘‘(1) CONSULTATION.—The WTC Program Ad-
such Act) for purposes of applying sections 1128 TIONS.—A list of recommendations by the WTC
Scientific/Technical Advisory Committee on ad- ministrator shall consult with 2 steering commit-
through 1128E of such Act. tees (each in this section referred to as a ‘Steer-
‘‘(2) UNREASONABLE ADMINISTRATIVE COSTS.— ditional WTC Program eligibility criteria and on
additional WTC-related health conditions and ing Committee’) that are established as follows:
The Inspector General of the Department of
the action of the WTC Program Administrator ‘‘(A) WTC RESPONDERS STEERING COM-
Health and Human Services shall develop and
MITTEE.—One Steering Committee, to be known
implement a program to review the WTC Pro- concerning each such recommendation.
‘‘(3) SEPARATE CLINICAL PROGRAMS DE- as the WTC Responders Steering Committee, for
gram for unreasonable administrative costs, in-
SCRIBED.—In paragraph (2), each of the fol- the purpose of receiving input from affected
cluding with respect to infrastructure, adminis-
lowing shall be treated as a separate clinical stakeholders and facilitating the coordination of
tration, and claims processing.
program of the WTC Program: monitoring and treatment programs for the en-
‘‘(e) QUALITY ASSURANCE.—The WTC Program
‘‘(A) FIREFIGHTERS AND RELATED PER- rolled WTC responders under part 1 of subtitle
Administrator working with the Clinical Centers
SONNEL.—The benefits provided for enrolled B.
of Excellence shall develop and implement a
WTC responders described in section ‘‘(B) WTC SURVIVORS STEERING COMMITTEE.—
quality assurance program for the monitoring
3311(a)(2)(A). One Steering Committee, to be known as the
and treatment delivered by such Centers of Ex-
‘‘(B) OTHER WTC RESPONDERS.—The benefits WTC Survivors Steering Committee, for the pur-
cellence and any other participating health care
provided for enrolled WTC responders not de- pose of receiving input from affected stake-
providers. Such program shall include—
‘‘(1) adherence to monitoring and treatment scribed in subparagraph (A). holders and facilitating the coordination of ini-
protocols; ‘‘(C) WTC SURVIVORS.—The benefits provided tial health evaluations, monitoring, and treat-
‘‘(2) appropriate diagnostic and treatment re- for screening-eligible WTC survivors and cer- ment programs for screening-eligible and cer-
ferrals for participants; tified-eligible WTC survivors in section 3321(a). tified-eligible WTC survivors under part 2 of
‘‘(3) prompt communication of test results to ‘‘(g) NOTIFICATION TO CONGRESS UPON REACH- subtitle B.
participants; and ING 80 PERCENT OF ELIGIBILITY NUMERICAL LIM- ‘‘(2) MEMBERSHIP.—
‘‘(4) such other elements as the Administrator ITS.—The Secretary shall promptly notify the ‘‘(A) WTC RESPONDERS STEERING COM-
specifies in consultation with the Clinical Cen- Congress of each of the following: MITTEE.—
ters of Excellence. ‘‘(1) When the number of enrollments of WTC ‘‘(i) REPRESENTATION.—The WTC Responders
‘‘(f) ANNUAL PROGRAM REPORT.— responders subject to the limit established under Steering Committee shall include—
‘‘(1) IN GENERAL.—Not later than 6 months section 3311(a)(4) has reached 80 percent of such ‘‘(I) representatives of the Centers of Excel-
after the end of each fiscal year in which the limit. lence providing services to WTC responders;
WTC Program is in operation, the WTC Program ‘‘(2) When the number of certifications for cer- ‘‘(II) representatives of labor organizations
Administrator shall submit an annual report to tified-eligible WTC survivors subject to the limit representing firefighters, police, other New York
the Congress on the operations of this title for established under section 3321(a)(3) has reached City employees, and recovery and cleanup work-
such fiscal year and for the entire period of op- 80 percent of such limit. ers who responded to the September 11, 2001, ter-
eration of the program. ‘‘(h) CONSULTATION.—The WTC Program Ad- rorist attacks; and
‘‘(2) CONTENTS INCLUDED IN REPORT.—Each ministrator shall engage in ongoing outreach ‘‘(III) 3 representatives of New York City, 1 of
annual report under paragraph (1) shall include and consultation with relevant stakeholders, in- whom will be selected by the police commissioner
at least the following: cluding the WTC Health Program Steering Com- of New York City, 1 by the health commissioner
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‘‘(A) ELIGIBLE INDIVIDUALS.—Information for mittees and the Advisory Committee under sec- of New York City, and 1 by the mayor of New
each clinical program described in paragraph tion 3302, regarding the implementation and im- York City.
(3)— provement of programs under this title. ‘‘(ii) INITIAL MEMBERSHIP.—The WTC Re-
‘‘(i) on the number of individuals who applied ‘‘SEC. 3302. WTC HEALTH PROGRAM SCIENTIFIC/ sponders Steering Committee shall initially be
for certification under subtitle B and the num- TECHNICAL ADVISORY COMMITTEE; composed of members of the WTC Monitoring
ber of such individuals who were so certified; WTC HEALTH PROGRAM STEERING and Treatment Program Steering Committee (as
‘‘(ii) of the individuals who were certified, on COMMITTEES. in existence on the day before the date of the
the number who received monitoring under the ‘‘(a) ADVISORY COMMITTEE.— enactment of this title).
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December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8949
‘‘(B) WTC SURVIVORS STEERING COMMITTEE.— ‘‘SEC. 3305. CLINICAL CENTERS OF EXCELLENCE more class of enrolled WTC responders, screen-
‘‘(i) REPRESENTATION.—The WTC Survivors AND DATA CENTERS. ing-eligible WTC survivors, or certified-eligible
Steering Committee shall include representatives ‘‘(a) IN GENERAL.— WTC survivors.
of— ‘‘(1) CONTRACTS WITH CLINICAL CENTERS OF ‘‘(4) USE OF COOPERATIVE AGREEMENTS.—Any
‘‘(I) the Centers of Excellence providing serv- EXCELLENCE.—The WTC Program Administrator contract under this title between the WTC Pro-
ices to screening-eligible and certified-eligible shall, subject to subsection (b)(1)(B), enter into gram Administrator and a Data Center or a
WTC survivors; contracts with Clinical Centers of Excellence (as Clinical Center of Excellence may be in the form
‘‘(II) the population of residents, students, defined in subsection (b)(1)(A))— of a cooperative agreement.
and area and other workers affected by the Sep- ‘‘(A) for the provision of monitoring and ‘‘(5) REVIEW ON FEASIBILITY OF CONSOLI-
tember 11, 2001, terrorist attacks; treatment benefits and initial health evaluation DATING DATA CENTERS.—Not later than July 1,
‘‘(III) screening-eligible and certified-eligible benefits under subtitle B; 2011, the Comptroller General of the United
survivors receiving initial health evaluations, ‘‘(B) for the provision of outreach activities to States shall submit to the Committee on Energy
monitoring, or treatment under part 2 of subtitle individuals eligible for such monitoring and and Commerce of the House of Representatives
B and organizations advocating on their behalf; treatment benefits, for initial health evaluation and the Committee on Health, Education,
and benefits, and for followup to individuals who Labor, and Pensions of the Senate a report on
‘‘(IV) New York City. are enrolled in the monitoring program; the feasibility of consolidating Data Centers
‘‘(ii) INITIAL MEMBERSHIP.—The WTC Sur- ‘‘(C) for the provision of counseling for bene- into a single Data Center.
vivors Steering Committee shall initially be com- fits under subtitle B, with respect to WTC-re- ‘‘(b) CENTERS OF EXCELLENCE.—
lated health conditions, for individuals eligible ‘‘(1) CLINICAL CENTERS OF EXCELLENCE.—
posed of members of the WTC Environmental ‘‘(A) DEFINITION.—For purposes of this title,
Health Center Survivor Advisory Committee (as for such benefits;
‘‘(D) for the provision of counseling for bene- the term ‘Clinical Center of Excellence’ means a
in existence on the day before the date of the Center that demonstrates to the satisfaction of
enactment of this title). fits for WTC-related health conditions that may
be available under workers’ compensation or the Administrator that the Center—
‘‘(C) ADDITIONAL APPOINTMENTS.—Each Steer- ‘‘(i) uses an integrated, centralized health
ing Committee may recommend, if approved by a other benefit programs for work-related injuries
care provider approach to create a comprehen-
majority of voting members of the Committee, or illnesses, health insurance, disability insur-
sive suite of health services under this title that
additional members to the Committee. ance, or other insurance plans or through public
are accessible to enrolled WTC responders,
‘‘(D) VACANCIES.—A vacancy in a Steering or private social service agencies and assisting
screening-eligible WTC survivors, or certified-el-
Committee shall be filled by an individual rec- eligible individuals in applying for such bene-
igible WTC survivors;
ommended by the Steering Committee. fits; ‘‘(ii) has experience in caring for WTC re-
‘‘SEC. 3303. EDUCATION AND OUTREACH.
‘‘(E) for the provision of translational and in- sponders and screening-eligible WTC survivors
terpretive services for program participants who or includes health care providers who have been
‘‘The WTC Program Administrator shall insti-
are not English language proficient; and trained pursuant to section 3313(c);
tute a program that provides education and out-
‘‘(F) for the collection and reporting of data, ‘‘(iii) employs health care provider staff with
reach on the existence and availability of serv-
including claims data, in accordance with sec- expertise that includes, at a minimum, occupa-
ices under the WTC Program. The outreach and
tion 3304. tional medicine, environmental medicine, trau-
education program— ‘‘(2) CONTRACTS WITH DATA CENTERS.—
‘‘(1) shall include— ma-related psychiatry and psychology, and so-
‘‘(A) IN GENERAL.—The WTC Program Admin- cial services counseling; and
‘‘(A) the establishment of a public Web site istrator shall enter into contracts with one or
with information about the WTC Program; ‘‘(iv) meets such other requirements as speci-
more Data Centers (as defined in subsection fied by the Administrator.
‘‘(B) meetings with potentially eligible popu- (b)(2))— ‘‘(B) CONTRACT REQUIREMENTS.—The WTC
lations; ‘‘(i) for receiving, analyzing, and reporting to Program Administrator shall not enter into a
‘‘(C) development and dissemination of out- the WTC Program Administrator on data, in ac- contract with a Clinical Center of Excellence
reach materials informing people about the pro- cordance with section 3304, that have been col- under subsection (a)(1) unless the Center agrees
gram; and lected and reported to such Data Centers by the to do each of the following:
‘‘(D) the establishment of phone information corresponding Clinical Centers of Excellence ‘‘(i) Establish a formal mechanism for con-
services; and under subsection (b)(1)(B)(iii); sulting with and receiving input from represent-
‘‘(2) shall be conducted in a manner in- ‘‘(ii) for the development of monitoring, initial atives of eligible populations receiving moni-
tended— health evaluation, and treatment protocols, toring and treatment benefits under subtitle B
‘‘(A) to reach all affected populations; and with respect to WTC-related health conditions; from such Center.
‘‘(B) to include materials for culturally and ‘‘(iii) for coordinating the outreach activities ‘‘(ii) Coordinate monitoring and treatment
linguistically diverse populations. conducted under paragraph (1)(B) by each cor- benefits under subtitle B with routine medical
‘‘SEC. 3304. UNIFORM DATA COLLECTION AND responding Clinical Center of Excellence; care provided for the treatment of conditions
ANALYSIS. ‘‘(iv) for establishing criteria for the other than WTC-related health conditions.
‘‘(a) IN GENERAL.—The WTC Program Admin- credentialing of medical providers participating ‘‘(iii) Collect and report to the corresponding
istrator shall provide for the uniform collection in the nationwide network under section 3313; Data Center data, including claims data, in ac-
of data, including claims data (and analysis of ‘‘(v) for coordinating and administering the cordance with section 3304(b).
data and regular reports to the Administrator) activities of the WTC Health Program Steering ‘‘(iv) Have in place safeguards against fraud
on the prevalence of WTC-related health condi- Committees established under section 3002(b); that are satisfactory to the Administrator, in
tions and the identification of new WTC-related and consultation with the Inspector General of the
health conditions. Such data shall be collected ‘‘(vi) for meeting periodically with the cor- Department of Health and Human Services.
for all individuals provided monitoring or treat- responding Clinical Centers of Excellence to ob- ‘‘(v) Treat or refer for treatment all individ-
ment benefits under subtitle B and regardless of uals who are enrolled WTC responders or cer-
tain input on the analysis and reporting of data
their place of residence or Clinical Center of Ex- tified-eligible WTC survivors with respect to
collected under clause (i) and on the develop-
cellence through which the benefits are pro- such Center who present themselves for treat-
ment of monitoring, initial health evaluation,
vided. The WTC Program Administrator shall ment of a WTC-related health condition.
and treatment protocols under clause (ii). ‘‘(vi) Have in place safeguards, consistent
provide, through the Data Centers or otherwise, ‘‘(B) MEDICAL PROVIDER SELECTION.—The with section 3304(c), to ensure the confiden-
for the integration of such data into the moni- medical providers under subparagraph (A)(iv) tiality of an individual’s individually identifi-
toring and treatment program activities under shall be selected by the WTC Program Adminis- able health information, including requiring
this title. trator on the basis of their experience treating that such information not be disclosed to the in-
‘‘(b) COORDINATING THROUGH CENTERS OF EX- or diagnosing the health conditions included in dividual’s employer without the authorization
CELLENCE.—Each Clinical Center of Excellence the list of WTC-related health conditions. of the individual.
shall collect data described in subsection (a) and ‘‘(C) CLINICAL DISCUSSIONS.—In carrying out ‘‘(vii) Use amounts paid under subsection
report such data to the corresponding Data Cen- subparagraph (A)(ii), a Data Center shall en- (c)(1) only for costs incurred in carrying out the
ter for analysis by such Data Center. gage in clinical discussions across the WTC Pro- activities described in subsection (a), other than
‘‘(c) COLLABORATION WITH WTC HEALTH REG- gram to guide treatment approaches for individ- those described in subsection (a)(1)(A).
ISTRY.—The WTC Program Administrator shall uals with a WTC-related health condition. ‘‘(viii) Utilize health care providers with occu-
provide for collaboration between the Data Cen- ‘‘(D) TRANSPARENCY OF DATA.—A contract en- pational and environmental medicine expertise
ters and the World Trade Center Health Reg- tered into under this subsection with a Data to conduct physical and mental health assess-
istry described in section 3342. Center shall require the Data Center to make ments, in accordance with protocols developed
‘‘(d) PRIVACY.—The data collection and anal- any data collected and reported to such Center under subsection (a)(2)(A)(ii).
ysis under this section shall be conducted and under subsection (b)(1)(B)(iii) available to
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‘‘(ix) Communicate with WTC responders and
maintained in a manner that protects the con- health researchers and others as provided in the screening-eligible and certified-eligible WTC sur-
fidentiality of individually identifiable health CDC/ATSDR Policy on Releasing and Sharing vivors in appropriate languages and conduct
information consistent with applicable statutes Data. outreach activities with relevant stakeholder
and regulations, including, as applicable, ‘‘(3) AUTHORITY FOR CONTRACTS TO BE CLASS worker or community associations.
HIPAA privacy and security law (as defined in SPECIFIC.—A contract entered into under this ‘‘(x) Meet all the other applicable require-
section 3009(a)(2)) and section 552a of title 5, subsection with a Clinical Center of Excellence ments of this title, including regulations imple-
United States Code. or a Data Center may be with respect to one or menting such requirements.
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H8950 CONGRESSIONAL RECORD — HOUSE December 22, 2010
‘‘(C) TRANSITION RULE TO ENSURE CONTINUITY lated health condition and is eligible for treat- ‘‘(1) IN GENERAL.—For purposes of this title,
OF CARE.—The WTC Program Administrator ment under the WTC Program. the term ‘WTC responder’ means any of the fol-
shall to the maximum extent feasible ensure con- ‘‘(6) The term ‘list of WTC-related health con- lowing individuals, subject to paragraph (4):
tinuity of care in any period of transition from ditions’ means— ‘‘(A) CURRENTLY IDENTIFIED RESPONDER.—An
monitoring and treatment of an enrolled WTC ‘‘(A) for WTC responders, the health condi- individual who has been identified as eligible
responder or certified-eligible WTC survivor by a tions listed in section 3312(a)(3); and for monitoring under the arrangements as in ef-
provider to a Clinical Center of Excellence or a ‘‘(B) for screening-eligible and certified-eligi- fect on the date of the enactment of this title be-
health care provider participating in the nation- ble WTC survivors, the health conditions listed tween the National Institute for Occupational
wide network under section 3313. in section 3322(b). Safety and Health and—
‘‘(2) DATA CENTERS.—For purposes of this ‘‘(7) The term ‘New York City disaster area’ ‘‘(i) the consortium coordinated by Mt. Sinai
title, the term ‘Data Center’ means a Center means the area within New York City that is— Hospital in New York City that coordinates the
that the WTC Program Administrator deter- ‘‘(A) the area of Manhattan that is south of monitoring and treatment for enrolled WTC re-
mines has the capacity to carry out the respon- Houston Street; and sponders other than with respect to those cov-
sibilities for a Data Center under subsection ‘‘(B) any block in Brooklyn that is wholly or ered under the arrangement with the Fire De-
(a)(2). partially contained within a 1.5-mile radius of partment of New York City; or
‘‘(3) CORRESPONDING CENTERS.—For purposes the former World Trade Center site. ‘‘(ii) the Fire Department of New York City.
of this title, a Clinical Center of Excellence and ‘‘(8) The term ‘New York metropolitan area’ ‘‘(B) RESPONDER WHO MEETS CURRENT ELIGI-
a Data Center shall be treated as ‘cor- means an area, specified by the WTC Program BILITY CRITERIA.—An individual who meets the
responding’ to the extent that such Clinical Administrator, within which WTC responders current eligibility criteria described in para-
Center and Data Center serve the same popu- and eligible WTC screening-eligible survivors graph (2).
lation group. who reside in such area are reasonably able to ‘‘(C) RESPONDER WHO MEETS MODIFIED ELIGI-
‘‘(c) PAYMENT FOR INFRASTRUCTURE COSTS.— access monitoring and treatment benefits and BILITY CRITERIA.—An individual who—
‘‘(1) IN GENERAL.—The WTC Program Admin- initial health evaluation benefits under this title ‘‘(i) performed rescue, recovery, demolition,
istrator shall reimburse a Clinical Center of Ex- through a Clinical Center of Excellence de- debris cleanup, or other related services in the
cellence for the fixed infrastructure costs of scribed in subparagraphs (A), (B), or (C) of sec- New York City disaster area in response to the
such Center in carrying out the activities de- tion 3305(b)(1). September 11, 2001, terrorist attacks, regardless
scribed in subtitle B at a rate negotiated by the ‘‘(9) The term ‘screening-eligible WTC sur- of whether such services were performed by a
Administrator and such Centers. Such nego- vivor’ has the meaning given such term in sec- State or Federal employee or member of the Na-
tiated rate shall be fair and appropriate and tion 3321(a)(1). tional Guard or otherwise; and
‘‘(10) Any reference to ‘September 11, 2001’ ‘‘(ii) meets such eligibility criteria relating to
take into account the number of enrolled WTC
shall be deemed a reference to the period on exposure to airborne toxins, other hazards, or
responders receiving services from such Center
such date subsequent to the terrorist attacks at adverse conditions resulting from the September
under this title.
the World Trade Center, Shanksville, Pennsyl- 11, 2001, terrorist attacks as the WTC Program
‘‘(2) FIXED INFRASTRUCTURE COSTS.—For pur-
poses of paragraph (1), the term ‘fixed infra- vania, or the Pentagon, as applicable, on such Administrator, after consultation with the WTC
structure costs’ means, with respect to a Clinical date. Scientific/Technical Advisory Committee, deter-
Center of Excellence, the costs incurred by such ‘‘(11) The term ‘September 11, 2001, terrorist mines appropriate.
Center that are not otherwise reimbursable by attacks’ means the terrorist attacks that oc- The WTC Program Administrator shall not mod-
the WTC Program Administrator under section curred on September 11, 2001, in New York City, ify such eligibility criteria on or after the date
3312(c) for patient evaluation, monitoring, or in Shanksville, Pennsylvania, and at the Pen- that the number of enrollments of WTC respond-
treatment but which are needed to operate the tagon, and includes the aftermath of such at- ers has reached 80 percent of the limit described
WTC program such as the costs involved in out- tacks. in paragraph (4) or on or after the date that the
reach to participants or recruiting participants, ‘‘(12) The term ‘WTC Health Program Steering number of certifications for certified-eligible
data collection and analysis, social services for Committee’ means such a Steering Committee es- WTC survivors under section 3321(a)(2)(B) has
counseling patients on other available assist- tablished under section 3302(b). reached 80 percent of the limit described in sec-
ance outside the WTC program, and the devel- ‘‘(13) The term ‘WTC Program’ means the tion 3321(a)(3).
opment of treatment protocols. Such term does Word Trade Center Health Program established ‘‘(2) CURRENT ELIGIBILITY CRITERIA.—The eli-
not include costs for new construction or other under section 3301(a). gibility criteria described in this paragraph for
capital costs. ‘‘(14)(A) The term ‘WTC Program Adminis- an individual is that the individual is described
‘‘(d) GAO ANALYSIS.—Not later than July 1, trator’ means— in any of the following categories:
2011, the Comptroller General shall submit to the ‘‘(i) subject to subparagraph (B), with respect ‘‘(A) FIREFIGHTERS AND RELATED PER-
to paragraphs (3) and (4) of section 3311(a) (re- SONNEL.—The individual—
Committee on Energy and Commerce of the
lating to enrollment of WTC responders), section ‘‘(i) was a member of the Fire Department of
House of Representatives and the Committee on
3312(c) and the corresponding provisions of sec- New York City (whether fire or emergency per-
Health, Education, Labor, and Pensions of the
tion 3322 (relating to payment for initial health sonnel, active or retired) who participated at
Senate an analysis on whether Clinical Centers
evaluation, monitoring, and treatment, para- least one day in the rescue and recovery effort
of Excellence with which the WTC Program Ad-
graphs (1)(C), (2)(B), and (3) of section 3321(a) at any of the former World Trade Center sites
ministrator enters into a contract under this sec-
(relating to determination or certification of (including Ground Zero, Staten Island Landfill,
tion have financial systems that will allow for
screening-eligible or certified-eligible WTC re- and the New York City Chief Medical Exam-
the timely submission of claims data for pur-
sponders), and part 3 of subtitle B (relating to iner’s Office) for any time during the period be-
poses of section 3304 and subsections (a)(1)(F)
payor provisions), an official in the Department ginning on September 11, 2001, and ending on
of Health and Human Services, to be designated July 31, 2002; or
‘‘SEC. 3306. DEFINITIONS.
by the Secretary; and ‘‘(ii)(I) is a surviving immediate family mem-
‘‘In this title: ber of an individual who was a member of the
‘‘(ii) with respect to any other provision of
‘‘(1) The term ‘aggravating’ means, with re- Fire Department of New York City (whether fire
this title, the Director of the National Institute
spect to a health condition, a health condition or emergency personnel, active or retired) and
for Occupational Safety and Health, or a des-
that existed on September 11, 2001, and that, as was killed at the World Trade site on September
ignee of such Director.
a result of exposure to airborne toxins, any 11, 2001; and
‘‘(B) In no case may the Secretary designate
other hazard, or any other adverse condition re- ‘‘(II) received any treatment for a WTC-re-
under subparagraph (A)(i) the Director of the
sulting from the September 11, 2001, terrorist at- lated health condition described in section
National Institute for Occupational Safety and
tacks, requires medical treatment that is (or will 3312(a)(1)(A)(ii) (relating to mental health con-
Health or a designee of such Director with re-
be) in addition to, more frequent than, or of ditions) on or before September 1, 2008.
spect to section 3322 (relating to payment for
longer duration than the medical treatment that ‘‘(B) LAW ENFORCEMENT OFFICERS AND WTC
initial health evaluation, monitoring, and treat-
would have been required for such condition in RESCUE, RECOVERY, AND CLEANUP WORKERS.—
the absence of such exposure. The individual—
‘‘(15) The term ‘WTC-related health condition’
‘‘(2) The term ‘certified-eligible WTC survivor’ ‘‘(i) worked or volunteered onsite in rescue,
is defined in section 3312(a).
has the meaning given such term in section recovery, debris cleanup, or related support
‘‘(16) The term ‘WTC responder’ is defined in
3321(a)(2). services in lower Manhattan (south of Canal
‘‘(3) The terms ‘Clinical Center of Excellence’ ‘‘(17) The term ‘WTC Scientific/Technical Ad- St.), the Staten Island Landfill, or the barge
and ‘Data Center’ have the meanings given such visory Committee’ means such Committee estab- loading piers, for at least 4 hours during the pe-
terms in section 3305. lished under section 3302(a). riod beginning on September 11, 2001, and end-
‘‘(4) The term ‘enrolled WTC responder’ means
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ing on September 14, 2001, for at least 24 hours
a WTC responder enrolled under section ‘‘Subtitle B—Program of Monitoring, Initial during the period beginning on September 11,
3311(a)(3). Health Evaluations, and Treatment 2001, and ending on September 30, 2001, or for at
‘‘(5) The term ‘initial health evaluation’ in- ‘‘PART 1—WTC RESPONDERS least 80 hours during the period beginning on
cludes, with respect to an individual, a medical ‘‘SEC. 3311. IDENTIFICATION OF WTC RESPOND- September 11, 2001, and ending on July 31, 2002;
and exposure history, a physical examination, ERS AND PROVISION OF WTC-RE- ‘‘(ii)(I) was a member of the Police Depart-
and additional medical testing as needed to LATED MONITORING SERVICES. ment of New York City (whether active or re-
evaluate whether the individual has a WTC-re- ‘‘(a) WTC RESPONDER DEFINED.— tired) or a member of the Port Authority Police
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December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8951
of the Port Authority of New York and New Jer- ‘‘(i) WTC responders described in paragraph shall be provided through the Clinical Center of
sey (whether active or retired) who participated (1)(A) shall be deemed to be enrolled in such Excellence for the type of individual involved
onsite in rescue, recovery, debris cleanup, or re- Program; or, in the case of an individual residing outside
lated services in lower Manhattan (south of ‘‘(ii) subject to clause (iii), the Administrator the New York metropolitan area, under an ar-
Canal St.), including Ground Zero, the Staten shall enroll in such program individuals who rangement under section 3313.
Island Landfill, or the barge loading piers, for are determined to be WTC responders; ‘‘SEC. 3312. TREATMENT OF ENROLLED WTC RE-
at least 4 hours during the period beginning ‘‘(iii) the Administrator shall deny such en- SPONDERS FOR WTC-RELATED
September 11, 2001, and ending on September 14, rollment to an individual if the Administrator HEALTH CONDITIONS.
2001; determines that the numerical limitation in ‘‘(a) WTC-RELATED HEALTH CONDITION DE-
‘‘(II) participated onsite in rescue, recovery, paragraph (4) on enrollment of WTC responders FINED.—
debris cleanup, or related services at Ground has been met; ‘‘(1) IN GENERAL.—For purposes of this title,
Zero, the Staten Island Landfill, or the barge ‘‘(iv) there shall be no fee charged to the ap- the term ‘WTC-related health condition’ means
loading piers, for at least one day during the pe- plicant for making an application for such en- a condition that—
riod beginning on September 11, 2001, and end- rollment; ‘‘(A)(i) is an illness or health condition for
ing on July 31, 2002; ‘‘(v) the Administrator shall make a deter- which exposure to airborne toxins, any other
‘‘(III) participated onsite in rescue, recovery, mination on such an application not later than hazard, or any other adverse condition resulting
debris cleanup, or related services in lower Man- 60 days after the date of filing the application; from the September 11, 2001, terrorist attacks,
hattan (south of Canal St.) for at least 24 hours and based on an examination by a medical profes-
during the period beginning on September 11, ‘‘(vi) an individual who is denied enrollment sional with experience in treating or diagnosing
2001, and ending on September 30, 2001; or in such Program shall have an opportunity to the health conditions included in the applicable
‘‘(IV) participated onsite in rescue, recovery, appeal such determination in a manner estab- list of WTC-related health conditions, is sub-
debris cleanup, or related services in lower Man- lished under such process. stantially likely to be a significant factor in ag-
hattan (south of Canal St.) for at least 80 hours ‘‘(B) TIMING.— gravating, contributing to, or causing the illness
during the period beginning on September 11, ‘‘(i) CURRENTLY IDENTIFIED RESPONDERS.—In or health condition, as determined under para-
2001, and ending on July 31, 2002; accordance with subparagraph (A)(i), the WTC graph (2); or
‘‘(iii) was an employee of the Office of the Program Administrator shall enroll an indi- ‘‘(ii) is a mental health condition for which
Chief Medical Examiner of New York City in- vidual described in paragraph (1)(A) in the such attacks, based on an examination by a
volved in the examination and handling of WTC Program not later than July 1, 2011. medical professional with experience in treating
‘‘(ii) OTHER RESPONDERS.—In accordance with or diagnosing the health conditions included in
human remains from the World Trade Center at-
subparagraph (A)(ii) and consistent with para- the applicable list of WTC-related health condi-
tacks, or other morgue worker who performed
graph (4), the WTC Program Administrator shall tions, is substantially likely to be a significant
similar post-September 11 functions for such Of-
enroll any other individual who is determined to factor in aggravating, contributing to, or caus-
fice staff, during the period beginning on Sep-
be a WTC responder in the WTC Program at the ing the condition, as determined under para-
tember 11, 2001, and ending on July 31, 2002;
time of such determination. graph (2); and
‘‘(iv) was a worker in the Port Authority
‘‘(4) NUMERICAL LIMITATION ON ELIGIBLE WTC ‘‘(B) is included in the applicable list of WTC-
Trans-Hudson Corporation Tunnel for at least
RESPONDERS.— related health conditions or—
24 hours during the period beginning on Feb-
‘‘(A) IN GENERAL.—The total number of indi- ‘‘(i) with respect to a WTC responder, is pro-
ruary 1, 2002, and ending on July 1, 2002; or
viduals not described in paragraph (1)(A) or vided certification of coverage under subsection
‘‘(v) was a vehicle-maintenance worker who (2)(A)(ii) who may be enrolled under paragraph
was exposed to debris from the former World (b)(2)(B)(iii); or
(3)(A)(ii) shall not exceed 25,000 at any time, of ‘‘(ii) with respect to a screening-eligible WTC
Trade Center while retrieving, driving, cleaning, which no more than 2,500 may be individuals survivor or certified-eligible WTC survivor, is
repairing, and maintaining vehicles contami- enrolled based on modified eligibility criteria es- provided certification of coverage under sub-
nated by airborne toxins from the September 11, tablished under paragraph (1)(C). section (b)(2)(B)(iii), as applied under section
2001, terrorist attacks during a duration and pe- ‘‘(B) PROCESS.—In implementing subpara- 3322(a).
riod described in subparagraph (A). graph (A), the WTC Program Administrator In the case of a WTC responder described in sec-
‘‘(C) RESPONDERS TO THE SEPTEMBER 11 AT- shall— tion 3311(a)(2)(A)(ii) (relating to a surviving im-
TACKS AT THE PENTAGON AND SHANKSVILLE, ‘‘(i) limit the number of enrollments made mediate family member of a firefighter), such
PENNSYLVANIA.—The individual— under paragraph (3)— term does not include an illness or health condi-
‘‘(i)(I) was a member of a fire or police depart- ‘‘(I) in accordance with such subparagraph; tion described in subparagraph (A)(i).
ment (whether fire or emergency personnel, ac- and ‘‘(2) DETERMINATION.—The determination
tive or retired), worked for a recovery or clean- ‘‘(II) to such number, as determined by the under paragraph (1) or subsection (b) of wheth-
up contractor, or was a volunteer; and per- Administrator based on the best available infor- er the September 11, 2001, terrorist attacks were
formed rescue, recovery, demolition, debris mation and subject to amounts available under substantially likely to be a significant factor in
cleanup, or other related services at the Pen- section 3351, that will ensure sufficient funds aggravating, contributing to, or causing an in-
tagon site of the terrorist-related aircraft crash will be available to provide treatment and moni- dividual’s illness or health condition shall be
of September 11, 2001, during the period begin- toring benefits under this title, with respect to made based on an assessment of the following:
ning on September 11, 2001, and ending on the all individuals who are enrolled through the end ‘‘(A) The individual’s exposure to airborne
date on which the cleanup of the site was con- of fiscal year 2020; and toxins, any other hazard, or any other adverse
cluded, as determined by the WTC Program Ad- ‘‘(ii) provide priority (subject to paragraph condition resulting from the terrorist attacks.
ministrator; or (3)(A)(i)) in such enrollments in the order in Such exposure shall be—
‘‘(II) was a member of a fire or police depart- which individuals apply for enrollment under ‘‘(i) evaluated and characterized through the
ment (whether fire or emergency personnel, ac- paragraph (3). use of a standardized, population-appropriate
tive or retired), worked for a recovery or clean- ‘‘(5) DISQUALIFICATION OF INDIVIDUALS ON questionnaire approved by the Director of the
up contractor, or was a volunteer; and per- TERRORIST WATCH LIST.—No individual who is National Institute for Occupational Safety and
formed rescue, recovery, demolition, debris on the terrorist watch list maintained by the De- Health; and
cleanup, or other related services at the partment of Homeland Security shall qualify as ‘‘(ii) assessed and documented by a medical
Shanksville, Pennsylvania, site of the terrorist- an eligible WTC responder. Before enrolling any professional with experience in treating or diag-
related aircraft crash of September 11, 2001, dur- individual as a WTC responder in the WTC Pro- nosing health conditions included on the list of
ing the period beginning on September 11, 2001, gram under paragraph (3), the Administrator, in WTC-related health conditions.
and ending on the date on which the cleanup of consultation with the Secretary of Homeland Se- ‘‘(B) The type of symptoms and temporal se-
the site was concluded, as determined by the curity, shall determine whether the individual is quence of symptoms. Such symptoms shall be—
WTC Program Administrator; and on such list. ‘‘(i) assessed through the use of a standard-
‘‘(ii) is determined by the WTC Program Ad- ‘‘(b) MONITORING BENEFITS.— ized, population-appropriate medical question-
ministrator to be at an increased risk of devel- ‘‘(1) IN GENERAL.—In the case of an enrolled naire approved by the Director of the National
oping a WTC-related health condition as a re- WTC responder (other than one described in Institute for Occupational Safety and Health
sult of exposure to airborne toxins, other haz- subsection (a)(2)(A)(ii)), the WTC Program shall and a medical examination; and
ards, or adverse conditions resulting from the provide for monitoring benefits that include ‘‘(ii) diagnosed and documented by a medical
September 11, 2001, terrorist attacks, and meets monitoring consistent with protocols approved professional described in subparagraph (A)(ii).
such eligibility criteria related to such expo- by the WTC Program Administrator and includ- ‘‘(3) LIST OF HEALTH CONDITIONS FOR WTC RE-
sures, as the WTC Program Administrator deter- ing clinical examinations and long-term health SPONDERS.—The list of health conditions for
mines are appropriate, after consultation with monitoring and analysis. In the case of an en-
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WTC responders consists of the following:
the WTC Scientific/Technical Advisory Com- rolled WTC responder who is an active member ‘‘(A) AERODIGESTIVE DISORDERS.—
mittee. of the Fire Department of New York City, the ‘‘(i) Interstitial lung diseases.
‘‘(3) ENROLLMENT PROCESS.— responder shall receive such benefits as part of ‘‘(ii) Chronic respiratory disorder—fumes/va-
‘‘(A) IN GENERAL.—The WTC Program Admin- the individual’s periodic company medical pors.
istrator shall establish a process for enrolling exams. ‘‘(iii) Asthma.
WTC responders in the WTC Program. Under ‘‘(2) PROVISION OF MONITORING BENEFITS.— ‘‘(iv) Reactive airways dysfunction syndrome
such process— The monitoring benefits under paragraph (1) (RADS).
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H8952 CONGRESSIONAL RECORD — HOUSE December 22, 2010
‘‘(v) WTC-exacerbated chronic obstructive nation for such determination in the Federal vating, contributing to, or causing the condi-
pulmonary disease (COPD). Register. Any such determination to not make tion—
‘‘(vi) Chronic cough syndrome. such an addition shall not preclude the addition ‘‘(i) the physician shall promptly transmit
‘‘(vii) Upper airway hyperreactivity. of cancer or the certain type of cancer to such such determination to the WTC Program Admin-
‘‘(viii) Chronic rhinosinusitis. list at a later date. istrator and provide the Administrator with the
‘‘(ix) Chronic nasopharyngitis. ‘‘(6) ADDITION OF HEALTH CONDITIONS TO LIST medical facts supporting such determination;
‘‘(x) Chronic laryngitis. FOR WTC RESPONDERS.— and
‘‘(xi) Gastroesophageal reflux disorder ‘‘(A) IN GENERAL.—Whenever the WTC Pro- ‘‘(ii) on and after the date of such transmittal
(GERD). gram Administrator determines that a proposed and subject to subparagraph (B), the WTC Pro-
‘‘(xii) Sleep apnea exacerbated by or related to rule should be promulgated to add a health con- gram shall provide for payment under sub-
a condition described in a previous clause. dition to the list of health conditions in para- section (c) for medically necessary treatment for
‘‘(B) MENTAL HEALTH CONDITIONS.— graph (3), the Administrator may request a rec- such condition.
‘‘(i) Posttraumatic stress disorder (PTSD). ommendation of the Advisory Committee or may ‘‘(B) REVIEW; CERTIFICATION; APPEALS.—
‘‘(ii) Major depressive disorder. publish such a proposed rule in the Federal ‘‘(i) REVIEW.—A Federal employee designated
‘‘(iii) Panic disorder. Register in accordance with subparagraph (D). by the WTC Program Administrator shall review
‘‘(iv) Generalized anxiety disorder. ‘‘(B) ADMINISTRATOR’S OPTIONS AFTER RE- determinations made under subparagraph (A).
‘‘(v) Anxiety disorder (not otherwise speci- CEIPT OF PETITION.—In the case that the WTC ‘‘(ii) CERTIFICATION.—The Administrator shall
fied). Program Administrator receives a written peti- provide a certification of such condition based
‘‘(vi) Depression (not otherwise specified). tion by an interested party to add a health con- upon reviews conducted under clause (i). Such a
‘‘(vii) Acute stress disorder. dition to the list of health conditions in para- certification shall be provided unless the Admin-
‘‘(viii) Dysthymic disorder. graph (3), not later than 60 days after the date istrator determines that the responder’s condi-
‘‘(ix) Adjustment disorder. of receipt of such petition the Administrator tion is not a WTC-related health condition in
‘‘(x) Substance abuse. shall— the list in subsection (a)(3) or that exposure to
‘‘(C) MUSCULOSKELETAL DISORDERS FOR CER- ‘‘(i) request a recommendation of the Advisory airborne toxins, other hazards, or adverse condi-
TAIN WTC RESPONDERS.—In the case of a WTC Committee; tions resulting from the September 1, 2001, ter-
responder described in paragraph (4), a condi- ‘‘(ii) publish a proposed rule in the Federal rorist attacks is not substantially likely to be a
tion described in such paragraph. Register to add such health condition, in ac- significant factor in aggravating, contributing
‘‘(D) ADDITIONAL CONDITIONS.—Any cancer cordance with subparagraph (D); to, or causing the condition.
(or type of cancer) or other condition added, ‘‘(iii) publish in the Federal Register the Ad- ‘‘(iii) APPEAL PROCESS.—The Administrator
pursuant to paragraph (5) or (6), to the list ministrator’s determination not to publish such shall establish, by rule, a process for the appeal
under this paragraph. a proposed rule and the basis for such deter- of determinations under clause (ii).
‘‘(4) MUSCULOSKELETAL DISORDERS.— mination; or ‘‘(2) DETERMINATION BASED ON MEDICALLY AS-
‘‘(A) IN GENERAL.—For purposes of this title, ‘‘(iv) publish in the Federal Register a deter- SOCIATED WTC-RELATED HEALTH CONDITIONS.—
in the case of a WTC responder who received mination that insufficient evidence exists to ‘‘(A) IN GENERAL.—If a physician at a Clinical
any treatment for a WTC-related musculo- take action under clauses (i) through (iii). Center of Excellence determines pursuant to
skeletal disorder on or before September 11, 2003, ‘‘(C) ACTION BY ADVISORY COMMITTEE.—In the subsection (a) that the enrolled WTC responder
the list of health conditions in paragraph (3) case that the Administrator requests a rec- has a health condition described in subsection
shall include: ommendation of the Advisory Committee under (a)(1)(A) that is not in the list in subsection
‘‘(i) Low back pain. this paragraph, with respect to adding a health (a)(3) but which is medically associated with a
‘‘(ii) Carpal tunnel syndrome (CTS). condition to the list in paragraph (3), the Advi- WTC-related health condition—
‘‘(iii) Other musculoskeletal disorders. sory Committee shall submit to the Adminis- ‘‘(i) the physician shall promptly transmit
‘‘(B) DEFINITION.—The term ‘WTC-related trator such recommendation not later than 60 such determination to the WTC Program Admin-
musculoskeletal disorder’ means a chronic or re- days after the date of such request or by such istrator and provide the Administrator with the
current disorder of the musculoskeletal system date (not to exceed 180 days after such date of facts supporting such determination; and
caused by heavy lifting or repetitive strain on request) as specified by the Administrator. Not ‘‘(ii) the Administrator shall make a deter-
the joints or musculoskeletal system occurring later than 60 days after the date of receipt of mination under subparagraph (B) with respect
during rescue or recovery efforts in the New such recommendation, the Administrator shall, to such physician’s determination.
York City disaster area in the aftermath of the in accordance with subparagraph (D), publish ‘‘(B) PROCEDURES FOR REVIEW, CERTIFICATION,
September 11, 2001, terrorist attacks. in the Federal Register a proposed rule with re- AND APPEAL.—The WTC Program Administrator
‘‘(5) CANCER.— spect to such recommendation or a determina- shall, by rule, establish procedures for the re-
‘‘(A) IN GENERAL.—The WTC Program Admin- tion not to propose such a proposed rule and the view and certification of physician determina-
istrator shall periodically conduct a review of basis for such determination. tions under subparagraph (A). Such rule shall
all available scientific and medical evidence, in- ‘‘(D) PUBLICATION.—The WTC Program Ad- provide for—
cluding findings and recommendations of Clin- ministrator shall, with respect to any proposed ‘‘(i) the timely review of such a determination
ical Centers of Excellence, published in peer-re- rule under this paragraph— by a physician panel with appropriate expertise
viewed journals to determine if, based on such ‘‘(i) publish such proposed rule in accordance for the condition and recommendations to the
evidence, cancer or a certain type of cancer with section 553 of title 5, United States Code; WTC Program Administrator;
should be added to the applicable list of WTC- and ‘‘(ii) not later than 60 days after the date of
related health conditions. The WTC Program ‘‘(ii) provide interested parties a period of 30 the transmittal under subparagraph (A)(i), a de-
Administrator shall conduct the first review days after such publication to submit written termination by the WTC Program Administrator
under this subparagraph not later than 180 days comments on the proposed rule. on whether or not the condition involved is de-
after the date of the enactment of this title. The WTC Program Administrator may extend scribed in subsection (a)(1)(A) and is medically
‘‘(B) PROPOSED REGULATIONS AND RULE- the period described in clause (ii) upon a finding associated with a WTC-related health condition;
MAKING.—Based on the periodic reviews under of good cause. In the case of such an extension, ‘‘(iii) certification in accordance with para-
subparagraph (A), if the WTC Program Admin- the Administrator shall publish such extension graph (1)(B)(ii) of coverage of such condition if
istrator determines that cancer or a certain type in the Federal Register. determined to be described in subsection
of cancer should be added to such list of WTC- ‘‘(E) INTERESTED PARTY DEFINED.—For pur- (a)(1)(A) and medically associated with a WTC-
related health conditions, the WTC Program Ad- poses of this paragraph, the term ‘interested related health condition; and
ministrator shall propose regulations, through party’ includes a representative of any organi- ‘‘(iv) a process for appeals of determinations
rulemaking, to add cancer or the certain type of zation representing WTC responders, a nation- relating to such conditions.
cancer to such list. ally recognized medical association, a Clinical ‘‘(C) INCLUSION IN LIST OF HEALTH CONDI-
‘‘(C) FINAL REGULATIONS.—Based on all the or Data Center, a State or political subdivision, TIONS.—If the WTC Program Administrator pro-
available evidence in the rulemaking record, the or any other interested person. vides certification under subparagraph (B)(iii)
WTC Program Administrator shall make a final ‘‘(b) COVERAGE OF TREATMENT FOR WTC-RE- for coverage of a condition, the Administrator
determination of whether cancer or a certain LATED HEALTH CONDITIONS.— may, pursuant to subsection (a)(6), add the con-
type of cancer should be added to such list of ‘‘(1) DETERMINATION FOR ENROLLED WTC RE- dition to the list in subsection (a)(3).
WTC-related health conditions. If such a deter- SPONDERS BASED ON A WTC-RELATED HEALTH ‘‘(D) CONDITIONS ALREADY DECLINED FOR IN-
mination is made to make such an addition, the CONDITION.— CLUSION IN LIST.—If the WTC Program Adminis-
WTC Program Administrator shall by regulation ‘‘(A) IN GENERAL.—If a physician at a Clinical trator publishes a determination under sub-
add cancer or the certain type of cancer to such Center of Excellence that is providing moni- section (a)(6)(B) not to include a condition in
list. toring benefits under section 3311 for an en- the list in subsection (a)(3), the WTC Program
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‘‘(D) DETERMINATIONS NOT TO ADD CANCER OR rolled WTC responder makes a determination Administrator shall not provide certification
CERTAIN TYPES OF CANCER.—In the case that the that the responder has a WTC-related health under subparagraph (B)(iii) for coverage of the
WTC Program Administrator determines under condition that is in the list in subsection (a)(3) condition. In the case of an individual who is
subparagraph (B) or (C) that cancer or a certain and that exposure to airborne toxins, other haz- certified under subparagraph (B)(iii) with re-
type of cancer should not be added to such list ards, or adverse conditions resulting from the spect to such condition before the date of the
of WTC-related health conditions, the WTC Pro- September 1, 2001, terrorist attacks is substan- publication of such determination the previous
gram Administrator shall publish an expla- tially likely to be a significant factor in aggra- sentence shall not apply.
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December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8953
‘‘(3) REQUIREMENT OF MEDICAL NECESSITY.— ‘‘(B) PHARMACEUTICALS.— dividuals who are enrolled WTC responders,
‘‘(A) IN GENERAL.—In providing treatment for ‘‘(i) IN GENERAL.—The WTC Program Admin- screening-eligible WTC survivors, or certified-el-
a WTC-related health condition, a physician or istrator shall establish a program for paying for igible WTC survivors and who reside in any
other provider shall provide treatment that is the medically necessary outpatient prescription State, as defined in section 2(f), outside the New
medically necessary and in accordance with pharmaceuticals prescribed under this title for York metropolitan area, the WTC Program Ad-
medical treatment protocols established under WTC-related health conditions through one or ministrator shall establish a nationwide network
subsection (d). more contracts with outside vendors. of health care providers to provide monitoring
‘‘(B) REGULATIONS RELATING TO MEDICAL NE- ‘‘(ii) COMPETITIVE BIDDING.—Under such pro- and treatment benefits and initial health eval-
CESSITY.—For the purpose of this title, the WTC gram the Administrator shall— uations near such individuals’ areas of resi-
Program Administrator shall issue regulations ‘‘(I) select one or more appropriate vendors dence in such States. Nothing in this subsection
specifying a standard for determining medical through a Federal competitive bid process; and shall be construed as preventing such individ-
necessity with respect to health care services ‘‘(II) select the lowest bidder (or bidders) meet-
uals from being provided such monitoring and
and prescription pharmaceuticals, a process for ing the requirements for providing pharma-
treatment benefits or initial health evaluation
determining whether treatment furnished and ceutical benefits for participants in the WTC
through any Clinical Center of Excellence.
pharmaceuticals prescribed under this title meet Program.
‘‘(iii) TREATMENT OF FDNY PARTICIPANTS.— ‘‘(b) NETWORK REQUIREMENTS.—Any health
such standard (including any prior authoriza- care provider participating in the network
tion requirement), and a process for appeal of a Under such program the Administrator may
enter into an agreement with a separate vendor under subsection (a) shall—
determination under subsection (c)(3). ‘‘(1) meet criteria for credentialing established
‘‘(4) SCOPE OF TREATMENT COVERED.— to provide pharmaceutical benefits to enrolled
by the Data Centers;
‘‘(A) IN GENERAL.—The scope of treatment WTC responders for whom the Clinical Center of
‘‘(2) follow the monitoring, initial health eval-
covered under this subsection includes services Excellence is described in section 3305 if such an
uation, and treatment protocols developed under
of physicians and other health care providers, arrangement is deemed necessary and beneficial
diagnostic and laboratory tests, prescription to the program by the WTC Program Adminis- ‘‘(3) collect and report data in accordance
drugs, inpatient and outpatient hospital serv- trator. with section 3304; and
ices, and other medically necessary treatment. ‘‘(iv) PHARMACEUTICALS.—Not later than July ‘‘(4) meet such fraud, quality assurance, and
‘‘(B) PHARMACEUTICAL COVERAGE.—With re- 1, 2011, the Comptroller General of the United
other requirements as the WTC Program Admin-
spect to ensuring coverage of medically nec- States shall submit to the Committee on Energy
istrator establishes, including sections 1128
essary outpatient prescription drugs, such drugs and Commerce of the House of Representatives
through 1128E of the Social Security Act, as ap-
shall be provided, under arrangements made by and the Committee on Health, Education,
plied by section 3301(d).
the WTC Program Administrator, directly Labor, and Pensions of the Senate a report on ‘‘(c) TRAINING AND TECHNICAL ASSISTANCE.—
through participating Clinical Centers of Excel- whether existing Federal pharmaceutical pur- The WTC Program Administer may provide, in-
lence or through one or more outside vendors. chasing programs can provide pharmaceutical cluding through contract, for the provision of
‘‘(C) TRANSPORTATION EXPENSES FOR NATION- benefits more efficiently and effectively than
WIDE NETWORK.—The WTC Program Adminis-
training and technical assistance to health care
through the WTC program. providers participating in the network under
trator may provide for necessary and reasonable ‘‘(C) IMPROVING QUALITY AND EFFICIENCY
transportation and expenses incident to the se- subsection (a).
THROUGH MODIFICATION OF PAYMENT AMOUNTS
‘‘(d) PROVISION OF SERVICES THROUGH THE
curing of medically necessary treatment through AND METHODOLOGIES.—The WTC Program Ad-
the nationwide network under section 3313 in- ministrator may modify the amounts and meth- ‘‘(1) IN GENERAL.—The WTC Program Admin-
volving travel of more than 250 miles and for odologies for making payments for initial health istrator may enter into an agreement with the
which payment is made under this section in the evaluations, monitoring, or treatment, if, taking Secretary of Veterans Affairs for the Secretary
same manner in which individuals may be fur- into account utilization and quality data fur- to provide services under this section through
nished necessary and reasonable transportation nished by the Clinical Centers of Excellence facilities of the Department of Veterans Affairs.
and expenses incident to services involving trav- under section 3305(b)(1)(B)(iii), the Adminis- ‘‘(2) NATIONAL PROGRAM.—Not later than July
el of more than 250 miles under regulations im- trator determines that a bundling, capitation, 1, 2011, the Comptroller General of the United
plementing section 3629(c) of the Energy Em- pay for performance, or other payment method- States shall submit to the Committee on Energy
ployees Occupational Illness Compensation Pro- ology would better ensure high quality and effi- and Commerce of the House of Representatives
gram Act of 2000 (title XXXVI of Public Law cient delivery of initial health evaluations, mon- and the Committee on Health, Education,
106–398; 42 U.S.C. 7384t(c)). itoring, or treatment to an enrolled WTC re- Labor, and Pensions of the Senate a report on
‘‘(5) PROVISION OF TREATMENT PENDING CER- sponder, screening-eligible WTC survivor, or cer- whether the Department of Veterans Affairs can
TIFICATION.—With respect to an enrolled WTC tified-eligible WTC survivor. provide monitoring and treatment services to in-
responder for whom a determination is made by ‘‘(2) MONITORING AND INITIAL HEALTH EVALUA- dividuals under this section more efficiently and
an examining physician under paragraph (1) or TION.—The WTC Program Administrator shall
effectively than through the nationwide net-
(2), but for whom the WTC Program Adminis- reimburse the costs of monitoring and the costs work to be established under subsection (a).
trator has not yet determined whether to certify of an initial health evaluation provided under
the determination, the WTC Program Adminis- this title at a rate set by the Administrator by ‘‘PART 2—WTC SURVIVORS
trator may establish by rule a process through regulation. ‘‘SEC. 3321. IDENTIFICATION AND INITIAL
which the Administrator may approve the provi- ‘‘(3) DETERMINATION OF MEDICAL NECESSITY.— HEALTH EVALUATION OF SCREEN-
‘‘(A) REVIEW OF MEDICAL NECESSITY AND PRO- ING-ELIGIBLE AND CERTIFIED-ELIGI-
sion of medical treatment under this subsection
BLE WTC SURVIVORS.
(and payment under subsection (c)) with respect TOCOLS.—As part of the process for reimburse-
ment or payment under this subsection, the ‘‘(a) IDENTIFICATION OF SCREENING-ELIGIBLE
to such responder and such responder’s WTC-re-
WTC Program Administrator shall provide for WTC SURVIVORS AND CERTIFIED-ELIGIBLE WTC
lated health condition (under such terms and
the review of claims for reimbursement or pay- SURVIVORS.—
conditions as the Administrator may provide)
ment for the provision of medical treatment to ‘‘(1) SCREENING-ELIGIBLE WTC SURVIVORS.—
until the Administrator makes a decision on
‘‘(A) DEFINITION.—In this title, the term
whether to certify the determination. determine if such treatment is medically nec-
‘screening-eligible WTC survivor’ means, subject
‘‘(c) PAYMENT FOR INITIAL HEALTH EVALUA- essary and in accordance with medical treat-
to subparagraph (C) and paragraph (3), an indi-
TION, MONITORING, AND TREATMENT OF WTC- ment protocols established under subsection (d).
‘‘(B) WITHHOLDING OF PAYMENT FOR MEDI- vidual who is described in any of the following
RELATED HEALTH CONDITIONS.—
‘‘(1) MEDICAL TREATMENT.— CALLY UNNECESSARY TREATMENT.—The Adminis- clauses:
‘‘(A) USE OF FECA PAYMENT RATES.— trator shall withhold such reimbursement or ‘‘(i) CURRENTLY IDENTIFIED SURVIVOR.—An in-
‘‘(i) IN GENERAL.—Subject to clause (ii): payment for treatment that the Administrator dividual, including a WTC responder, who has
‘‘(I) Subject to subparagraphs (B) and (C), the determines is not medically necessary or is not been identified as eligible for medical treatment
WTC Program Administrator shall reimburse in accordance with such medical treatment pro- and monitoring by the WTC Environmental
costs for medically necessary treatment under tocols. Health Center as of the date of enactment of
this title for WTC-related health conditions ac- ‘‘(d) MEDICAL TREATMENT PROTOCOLS.— this title.
cording to the payment rates that would apply ‘‘(1) DEVELOPMENT.—The Data Centers shall ‘‘(ii) SURVIVOR WHO MEETS CURRENT ELIGI-
to the provision of such treatment and services develop medical treatment protocols for the BILITY CRITERIA.—An individual who is not a
by the facility under the Federal Employees treatment of enrolled WTC responders and cer- WTC responder, for purposes of the initial
Compensation Act. tified-eligible WTC survivors for health condi- health evaluation under subsection (b), claims
‘‘(II) For treatment not covered under sub- tions included in the applicable list of WTC-re- symptoms of a WTC-related health condition
clause (i) or subparagraph (B), the WTC Pro- lated health conditions. and meets any of the current eligibility criteria
gram Administrator shall establish by regulation ‘‘(2) APPROVAL.—The medical treatment pro- described in subparagraph (B).
‘‘(iii) SURVIVOR WHO MEETS MODIFIED ELIGI-
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a reimbursement rate for such treatment. tocols developed under paragraph (1) shall be
‘‘(ii) EXCEPTION.—In no case shall payments subject to approval by the WTC Program Ad- BILITY CRITERIA.—An individual who is not a
for products or services under clause (i) be made ministrator. WTC responder, for purposes of the initial
at a rate higher than the Office of Worker’s ‘‘SEC. 3313. NATIONAL ARRANGEMENT FOR BENE- health evaluation under subsection (b), claims
Compensation Programs in the Department FITS FOR ELIGIBLE INDIVIDUALS symptoms of a WTC-related health condition
Labor would pay for such products or services OUTSIDE NEW YORK. and meets such eligibility criteria relating to ex-
rendered at the time such products or services ‘‘(a) IN GENERAL.—In order to ensure reason- posure to airborne toxins, other hazards, or ad-
were provided. able access to benefits under this subtitle for in- verse conditions resulting from the September 11,
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H8954 CONGRESSIONAL RECORD — HOUSE December 22, 2010
2001, terrorist attacks as the WTC Administrator ‘‘(ii) WRITTEN DOCUMENTATION OF SCREENING- ‘‘(b) INITIAL HEALTH EVALUATION TO DETER-
determines, after consultation with the Data ELIGIBILITY.— MINE ELIGIBILITY FOR FOLLOWUP MONITORING
Centers described in section 3305 and the WTC ‘‘(I) IN GENERAL.—In the case of an individual OR TREATMENT.—
Scientific/Technical Advisory Committee and who is described in subparagraph (A)(i) or who ‘‘(1) IN GENERAL.—In the case of a screening-
WTC Health Program Steering Committees is determined under clause (i) (consistent with eligible WTC survivor, the WTC Program shall
under section 3302. paragraph (3)) to be a screening-eligible WTC provide for an initial health evaluation to deter-
The Administrator shall not modify such criteria survivor, the WTC Program Administrator shall mine if the survivor has a WTC-related health
under clause (iii) on or after the date that the provide an appropriate written documentation condition and is eligible for followup monitoring
number of certifications for certified-eligible of such fact. and treatment benefits under the WTC Program.
WTC survivors under paragraph (2)(B) has ‘‘(II) TIMING.— Initial health evaluation protocols under section
reached 80 percent of the limit described in ‘‘(aa) CURRENTLY IDENTIFIED SURVIVORS.—In 3305(a)(2)(A)(ii) shall be subject to approval by
paragraph (3) or on or after the date that the the case of an individual who is described in the WTC Program Administrator.
number of enrollments of WTC responders has subparagraph (A)(i), the WTC Program Admin- ‘‘(2) INITIAL HEALTH EVALUATION PRO-
reached 80 percent of the limit described in sec- istrator shall provide the written documentation VIDERS.—The initial health evaluation described
tion 3311(a)(4). under subclause (I) not later than July 1, 2011. in paragraph (1) shall be provided through a
‘‘(B) CURRENT ELIGIBILITY CRITERIA.—The eli- ‘‘(bb) OTHER MEMBERS.—In the case of an- Clinical Center of Excellence with respect to the
gibility criteria described in this subparagraph other individual who is determined under clause individual involved.
for an individual are that the individual is de- (i) and consistent with paragraph (3) to be a ‘‘(3) LIMITATION ON INITIAL HEALTH EVALUA-
scribed in any of the following clauses: screening-eligible WTC survivor, the WTC Pro- TION BENEFITS.—Benefits for an initial health
‘‘(i) A person who was present in the New gram Administrator shall provide the written evaluation under this part for a screening-eligi-
York City disaster area in the dust or dust cloud documentation under subclause (I) at the time ble WTC survivor shall consist only of a single
on September 11, 2001. of such determination. medical initial health evaluation consistent with
‘‘(ii) A person who worked, resided, or at- ‘‘(2) CERTIFIED-ELIGIBLE WTC SURVIVORS.— initial health evaluation protocols described in
tended school, childcare, or adult daycare in the ‘‘(A) DEFINITION.—The term ‘certified-eligible
paragraph (1). Nothing in this paragraph shall
New York City disaster area for— WTC survivor’ means, subject to paragraph (3),
be construed as preventing such an individual
‘‘(I) at least 4 days during the 4-month period a screening-eligible WTC survivor who the WTC
from seeking additional medical initial health
beginning on September 11, 2001, and ending on Program Administrator certifies under subpara-
evaluations at the expense of the individual.
January 10, 2002; or graph (B) to be eligible for followup monitoring
‘‘SEC. 3322. FOLLOWUP MONITORING AND TREAT-
‘‘(II) at least 30 days during the period begin- and treatment under this part.
MENT OF CERTIFIED-ELIGIBLE WTC
‘‘(B) CERTIFICATION OF ELIGIBILITY FOR MONI-
ning on September 11, 2001, and ending on July SURVIVORS FOR WTC-RELATED
TORING AND TREATMENT.— HEALTH CONDITIONS.
‘‘(i) IN GENERAL.—The WTC Program Admin-
‘‘(iii) Any person who worked as a cleanup ‘‘(a) IN GENERAL.—Subject to subsection (b),
istrator shall establish a certification process
worker or performed maintenance work in the the provisions of sections 3311 and 3312 shall
under which the Administrator shall provide ap-
New York City disaster area during the 4-month apply to followup monitoring and treatment of
propriate certification to screening-eligible WTC
period described in subparagraph (B)(i) and had WTC-related health conditions for certified-eli-
survivors who, pursuant to the initial health
extensive exposure to WTC dust as a result of gible WTC survivors in the same manner as such
evaluation under subsection (b), are determined
such work. provisions apply to the monitoring and treat-
to be eligible for followup monitoring and treat-
‘‘(iv) A person who was deemed eligible to re- ment of WTC-related health conditions for en-
ment under this part.
ceive a grant from the Lower Manhattan Devel- rolled WTC responders.
opment Corporation Residential Grant Program, ‘‘(I) CURRENTLY IDENTIFIED SURVIVORS.—In ‘‘(b) LIST OF WTC-RELATED HEALTH CONDI-
who possessed a lease for a residence or pur- the case of an individual who is described in TIONS FOR SURVIVORS.—The list of health condi-
chased a residence in the New York City dis- paragraph (1)(A)(i), the WTC Program Adminis- tions for screening-eligible WTC survivors and
aster area, and who resided in such residence trator shall provide the certification under certified-eligible WTC survivors consists of the
during the period beginning on September 11, clause (i) not later than July 1, 2011. following:
2001, and ending on May 31, 2003. ‘‘(II) OTHER MEMBERS.—In the case of an- ‘‘(1) AERODIGESTIVE DISORDERS.—
‘‘(v) A person whose place of employment— other individual who is determined under clause ‘‘(A) Interstitial lung diseases.
‘‘(I) at any time during the period beginning (i) to be eligible for followup monitoring and ‘‘(B) Chronic respiratory disorder—fumes/va-
on September 11, 2001, and ending on May 31, treatment, the WTC Program Administrator pors.
2003, was in the New York City disaster area; shall provide the certification under such clause ‘‘(C) Asthma.
and at the time of such determination. ‘‘(D) Reactive airways dysfunction syndrome
‘‘(II) was deemed eligible to receive a grant ‘‘(3) NUMERICAL LIMITATION ON CERTIFIED-ELI- (RADS).
from the Lower Manhattan Development Cor- GIBLE WTC SURVIVORS.— ‘‘(E) WTC-exacerbated chronic obstructive
poration WTC Small Firms Attraction and Re- ‘‘(A) IN GENERAL.—The total number of indi- pulmonary disease (COPD).
tention Act program or other government incen- viduals not described in paragraph (1)(A)(i) who ‘‘(F) Chronic cough syndrome.
tive program designed to revitalize the lower may be certified as certified-eligible WTC sur- ‘‘(G) Upper airway hyperreactivity.
Manhattan economy after the September 11, vivors under paragraph (2)(B) shall not exceed ‘‘(H) Chronic rhinosinusitis.
2001, terrorist attacks. 25,000 at any time. ‘‘(I) Chronic nasopharyngitis.
‘‘(C) APPLICATION AND DETERMINATION PROC- ‘‘(B) PROCESS.—In implementing subpara- ‘‘(J) Chronic laryngitis.
ESS FOR SCREENING ELIGIBILITY.— graph (A), the WTC Program Administrator ‘‘(K) Gastroesophageal reflux disorder
‘‘(i) IN GENERAL.—The WTC Program Admin- shall— (GERD).
istrator in consultation with the Data Centers ‘‘(i) limit the number of certifications provided ‘‘(L) Sleep apnea exacerbated by or related to
shall establish a process for individuals, other under paragraph (2)(B)— a condition described in a previous clause.
than individuals described in subparagraph ‘‘(I) in accordance with such subparagraph; ‘‘(2) MENTAL HEALTH CONDITIONS.—
(A)(i), to be determined to be screening-eligible and ‘‘(A) Posttraumatic stress disorder (PTSD).
WTC survivors. Under such process— ‘‘(II) to such number, as determined by the ‘‘(B) Major depressive disorder.
‘‘(I) there shall be no fee charged to the appli- Administrator based on the best available infor- ‘‘(C) Panic disorder.
cant for making an application for such deter- mation and subject to amounts made available ‘‘(D) Generalized anxiety disorder.
mination; under section 3351, that will ensure sufficient ‘‘(E) Anxiety disorder (not otherwise speci-
‘‘(II) the Administrator shall make a deter- funds will be available to provide treatment and fied).
mination on such an application not later than monitoring benefits under this title, with respect ‘‘(F) Depression (not otherwise specified).
60 days after the date of filing the application; to all individuals receiving such certifications ‘‘(G) Acute stress disorder.
‘‘(III) the Administrator shall make such a de- through the end of fiscal year 2020; and ‘‘(H) Dysthymic disorder.
termination relating to an applicant’s compli- ‘‘(ii) provide priority in such certifications in ‘‘(I) Adjustment disorder.
ance with this title and shall not determine that the order in which individuals apply for a deter- ‘‘(J) Substance abuse.
an individual is not so eligible or deny written mination under paragraph (2)(B). ‘‘(3) ADDITIONAL CONDITIONS.—Any cancer (or
documentation under clause (ii) to such indi- ‘‘(4) DISQUALIFICATION OF INDIVIDUALS ON type of cancer) or other condition added to the
vidual unless the Administrator determines TERRORIST WATCH LIST.—No individual who is list in section 3312(a)(3) pursuant to paragraph
that— on the terrorist watch list maintained by the De- (5) or (6) of section 3312(a), as such provisions
‘‘(aa) based on the application submitted, the partment of Homeland Security shall qualify as are applied under subsection (a) with respect to
individual does not meet the eligibility criteria; a screening-eligible WTC survivor or a certified- certified-eligible WTC survivors.
eligible WTC survivor. Before determining any
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or ‘‘SEC. 3323. FOLLOWUP MONITORING AND TREAT-
‘‘(bb) the numerical limitation on certifi- individual to be a screening-eligible WTC sur- MENT OF OTHER INDIVIDUALS WITH
cations of certified-eligible WTC survivors set vivor under paragraph (1) or certifying any in- WTC-RELATED HEALTH CONDITIONS.
forth in paragraph (3) has been met; and dividual as a certified eligible WTC survivor ‘‘(a) IN GENERAL.—Subject to subsection (c),
‘‘(IV) an individual who is determined not to under paragraph (2), the Administrator, in con- the provisions of section 3322 shall apply to the
be a screening-eligible WTC survivor shall have sultation with the Secretary of Homeland Secu- followup monitoring and treatment of WTC-re-
an opportunity to appeal such determination in rity, shall determine whether the individual is lated health conditions in the case of individ-
a manner established under such process. on such list. uals described in subsection (b) in the same
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December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8955
manner as such provisions apply to the followup such condition through any public or private amount required for any calendar quarter by
monitoring and treatment of WTC-related health plan (including health benefits under the day specified in subparagraph (D), interest
health conditions for certified-eligible WTC sur- title XVIII, XIX, or XXI of the Social Security shall accrue on the amount not so paid at the
vivors. Act) the provisions of section 1862(b) of the So- rate (determined by the Administrator) based on
‘‘(b) INDIVIDUALS DESCRIBED.—An individual cial Security Act shall apply to such a health the average yield to maturity, plus 1 percentage
described in this subsection is an individual plan and such individual in the same manner as point, on outstanding municipal bonds issued by
who, regardless of location of residence— they apply to group health plan and an indi- New York City with a remaining maturity of at
‘‘(1) is not an enrolled WTC responder or a vidual entitled to benefits under title XVIII of least 1 year.
certified-eligible WTC survivor; and such Act pursuant to section 226(a) of such Act. ‘‘(ii) RECOVERY OF AMOUNTS OWED.—The
‘‘(2) is diagnosed at a Clinical Center of Excel- Any costs for items and services covered under amounts owed to the WTC Program Adminis-
lence with a WTC-related health condition for such plan that are not reimbursed by such trator under such contract shall be recoverable
certified-eligible WTC survivors. health plan, due to the application of by the United States in an action in the same
‘‘(c) LIMITATION.— deductibles, copayments, coinsurance, other cost manner as payments made under title XVIII of
‘‘(1) IN GENERAL.—The WTC Program Admin- sharing, or otherwise, are reimbursable under the Social Security Act may be recoverable in an
istrator shall limit benefits for any fiscal year this title to the extent that they are covered action brought under section 1862(b)(2)(B)(iii) of
under subsection (a) in a manner so that pay- under the WTC Program. The program under such Act.
ments under this section for such fiscal year do this title shall not be treated as a legally liable ‘‘(F) DEPOSIT IN FUND.—The WTC Program
not exceed the amount specified in paragraph party for purposes of applying section Administer shall deposit amounts paid under
(2) for such fiscal year. 1902(a)(25) of the Social Security Act. such contract into the World Trade Center
‘‘(2) LIMITATION.—The amount specified in ‘‘(2) RECOVERY BY INDIVIDUAL PROVIDERS.— Health Program Fund under section 3351.
this paragraph for— Nothing in paragraph (1) shall be construed as ‘‘(2) PAYMENT OF NEW YORK CITY SHARE OF
‘‘(A) the last calendar quarter of fiscal year requiring an entity providing monitoring and MONITORING AND TREATMENT COSTS.—With re-
2011 is $5,000,000; treatment under this title to seek reimbursement spect to each calendar quarter for which a con-
‘‘(B) fiscal year 2012 is $20,000,000; or under a health plan with which the entity has tribution is required by New York City under
‘‘(C) a succeeding fiscal year is the amount no contract for reimbursement. the contract under paragraph (1), the WTC Pro-
specified in this paragraph for the previous fis- ‘‘(3) MAINTENANCE OF REQUIRED MINIMUM ES- gram Administrator shall—
cal year increased by the annual percentage in- SENTIAL COVERAGE.—No payment may be made ‘‘(A) provide New York City with an estimate
crease in the medical care component of the con- for monitoring and treatment under this title for of such amount of the required contribution at
sumer price index for all urban consumers. an individual for a month (beginning with July the beginning of such quarter and with an up-
‘‘PART 3—PAYOR PROVISIONS 2014) if with respect to such month the indi- dated estimate of such amount at the beginning
‘‘SEC. 3331. PAYMENT OF CLAIMS. vidual— of each of the subsequent 2 quarters;
‘‘(A) is an applicable individual (as defined in ‘‘(B) bill such amount directly to New York
‘‘(a) IN GENERAL.—Except as provided in sub-
subsection (d) of section 5000A of Internal Rev- City; and
sections (b) and (c), the cost of monitoring and
enue Code of 1986) for whom the exemption ‘‘(C) certify periodically, for purposes of this
treatment benefits and initial health evaluation
under subsection (e) of such section does not subsection, whether or not New York City has
benefits provided under parts 1 and 2 of this
apply; and paid the amount so billed.
subtitle shall be paid for by the WTC Program
‘‘(B) is not covered under minimum essential Such amount shall initially be estimated by the
from the World Trade Center Health Program
coverage, as required under subsection (a) of WTC Program Administrator and shall be sub-
such section. ject to adjustment and reconciliation based
‘‘(b) WORKERS’ COMPENSATION PAYMENT.—
‘‘(d) REQUIRED CONTRIBUTION BY NEW YORK upon actual expenditures in carrying out this
‘‘(1) IN GENERAL.—Subject to paragraph (2),
CITY IN PROGRAM COSTS.— title.
payment for treatment under parts 1 and 2 of ‘‘(1) CONTRACT REQUIREMENT.—
this subtitle of a WTC-related health condition ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this
‘‘(A) IN GENERAL.—No funds may be disbursed subsection shall be construed as authorizing the
of an individual that is work-related shall be re- from the World Trade Center Health Program
duced or recouped to the extent that the WTC WTC Administrator, with respect to a fiscal
Fund under section 3351 unless New York City year, to reduce the numerical limitation under
Program Administrator determines that payment has entered into a contract with the WTC Pro-
has been made, or can reasonably be expected to section 3311(a)(4) or 3321(a)(3) for such fiscal
gram Administrator under which New York City year if New York City fails to comply with para-
be made, under a workers’ compensation law or agrees, in a form and manner specified by the
plan of the United States, a State, or a locality, graph (1) for a calendar quarter in such fiscal
Administrator, to pay the full contribution de- year.
or other work-related injury or illness benefit scribed in subparagraph (B) in accordance with
plan of the employer of such individual, for ‘‘(e) WORK-RELATED DESCRIBED.—For the
this subsection on a timely basis, plus any inter- purposes of this section, a WTC-related health
such treatment. The provisions of clauses (iii), est owed pursuant to subparagraph (E)(i). Such
(iv), (v), and (vi) of paragraph (2)(B) of section condition shall be treated as a condition that is
contract shall specify the terms under which work-related if—
1862(b) of the Social Security Act and para- New York City shall be considered to have made
graphs (3) and (4) of such section shall apply to ‘‘(1) the condition is diagnosed in an enrolled
the full payment required for a quarter for pur- WTC responder, or in an individual who quali-
the recoupment under this subsection of a pay- poses of subsection (b)(2).
ment to the WTC Program (with respect to a fies as a certified-eligible WTC survivor on the
‘‘(B) FULL CONTRIBUTION AMOUNT.—Under basis of being a rescue, recovery, or cleanup
workers’ compensation law or plan, or other such contract, with respect to the last calendar
work-related injury or illness plan of the em- worker; or
quarter of fiscal year 2011 and each calendar ‘‘(2) with respect to the condition the indi-
ployer involved, and such individual) in the quarter in fiscal years 2012 through 2015 the full
same manner as such provisions apply to the re- vidual has filed and had established a claim
contribution amount under this subparagraph under a workers’ compensation law or plan of
imbursement of a payment under section shall be equal to 10 percent of the expenditures
1862(b)(2) of such Act to the Secretary (with re- the United States or a State, or other work-re-
in carrying out this title for the respective quar- lated injury or illness benefit plan of the em-
spect to such a law or plan and an individual ter and with respect to calendar quarters in fis-
entitled to benefits under title XVIII of such ployer of such individual.
cal year 2016, such full contribution amount ‘‘SEC. 3332. ADMINISTRATIVE ARRANGEMENT AU-
Act) except that any reference in such para- shall be equal to 1⁄9 of the Federal expenditures THORITY.
graph (4) to payment rates under title XVIII of in carrying out this title for the respective quar-
the Social Security Act shall be deemed a ref- ‘‘The WTC Program Administrator may enter
ter. into arrangements with other government agen-
erence to payment rates under this title. ‘‘(C) SATISFACTION OF PAYMENT OBLIGATION.—
‘‘(2) EXCEPTION.—Paragraph (1) shall not cies, insurance companies, or other third-party
The payment obligation under such contract
apply for any quarter, with respect to any administrators to provide for timely and accu-
may not be satisfied through any of the fol-
workers’ compensation law or plan, including rate processing of claims under sections 3312,
line of duty compensation, to which New York 3313, 3322, and 3323.
‘‘(i) An amount derived from Federal sources.
City is obligated to make payments, if, in ac- ‘‘(ii) An amount paid before the date of the ‘‘Subtitle C—Research Into Conditions
cordance with terms specified under the con- enactment of this title. ‘‘SEC. RESEARCH REGARDING CERTAIN
tract under subsection (d)(1)(A), New York City ‘‘(iii) An amount paid to satisfy a judgment or HEALTH CONDITIONS RELATED TO
has made the full payment required under such as part of a settlement related to injuries or ill- SEPTEMBER 11 TERRORIST ATTACKS.
contract for such quarter. nesses arising out of the September 11, 2001, ter- ‘‘(a) IN GENERAL.—With respect to individ-
‘‘(3) RULES OF CONSTRUCTION.—Nothing in rorist attacks. uals, including enrolled WTC responders and
this title shall be construed to affect, modify, or ‘‘(D) TIMING OF CONTRIBUTION.—The payment certified-eligible WTC survivors, receiving moni-
relieve any obligations under a worker’s com- toring or treatment under subtitle B, the WTC
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obligation under such contract for a calendar
pensation law or plan, other work-related in- quarter in a fiscal year shall be paid not later Program Administrator shall conduct or sup-
jury or illness benefit plan of an employer, or than the last day of the second succeeding cal- port—
any health insurance plan. endar quarter. ‘‘(1) research on physical and mental health
‘‘(c) HEALTH INSURANCE COVERAGE.— ‘‘(E) COMPLIANCE.— conditions that may be related to the September
‘‘(1) IN GENERAL.—In the case of an individual ‘‘(i) INTEREST FOR LATE PAYMENT.—If New 11, 2001, terrorist attacks;
who has a WTC-related health condition that is York City fails to pay to the WTC Program Ad- ‘‘(2) research on diagnosing WTC-related
not work-related and has health coverage for ministrator pursuant to such contract the health conditions of such individuals, in the
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H8956 CONGRESSIONAL RECORD — HOUSE December 22, 2010
case of conditions for which there has been di- ‘‘(ii) such failure shall not affect the disburse- previous fiscal year increased by the percentage
agnostic uncertainty; and ment of amounts from the Fund; and increase in the consumer price index for all
‘‘(3) research on treating WTC-related health ‘‘(iii) the Federal share described in para- urban consumers (all items; United States city
conditions of such individuals, in the case of graph (2)(A) shall not be increased by the average) as estimated by the Secretary for the
conditions for which there has been treatment amount so unpaid. 12-month period ending with March of the pre-
uncertainty. ‘‘(4) AGGREGATE LIMITATION ON FUNDING BE- vious year.
The Administrator may provide such support GINNING WITH FISCAL YEAR 2016.—Beginning with ‘‘(5) RESEARCH REGARDING CERTAIN HEALTH
through continuation and expansion of research fiscal year 2016, in no case shall the share of CONDITIONS.—For the purpose of carrying out
that was initiated before the date of the enact- Federal funds deposited into the Fund under section 3341—
ment of this title and through the World Trade paragraph (2) for such fiscal year and previous ‘‘(A) for the last calendar quarter of fiscal
Center Health Registry (referred to in section fiscal years and quarters exceed the sum of the year 2011, $3,750,000;
amounts specified in paragraph (2)(A)(ii)(I). ‘‘(B) for fiscal year 2012, $15,000,000; and
3342), through a Clinical Center of Excellence, ‘‘(C) for each subsequent fiscal year, the
or through a Data Center. ‘‘(b) MANDATORY FUNDS FOR MONITORING,
INITIAL HEALTH EVALUATIONS, TREATMENT, AND amount specified under this paragraph for the
‘‘(b) TYPES OF RESEARCH.—The research
CLAIMS PROCESSING.— previous fiscal year increased by the percentage
under subsection (a)(1) shall include epidemio-
‘‘(1) IN GENERAL.—The amounts deposited into increase in the consumer price index for all
logic and other research studies on WTC-related urban consumers (all items; United States city
health conditions or emerging conditions— the Fund under subsection (a)(2) shall be avail-
able, without further appropriation, consistent average) as estimated by the Secretary for the
‘‘(1) among enrolled WTC responders and cer-
with paragraph (2) and subsection (c), to carry 12-month period ending with March of the pre-
tified-eligible WTC survivors under treatment;
out subtitle B and sections 3302(a), 3303, 3304, vious year.
and ‘‘(6) WORLD TRADE CENTER HEALTH REG-
‘‘(2) in sampled populations outside the New 3305(a)(2), 3305(c), 3341, and 3342.
‘‘(2) LIMITATION ON MANDATORY FUNDING.— ISTRY.—For the purpose of carrying out section
York City disaster area in Manhattan as far 3342—
north as 14th Street and in Brooklyn, along This title does not establish any Federal obliga-
tion for payment of amounts in excess of the ‘‘(A) for the last calendar quarter of fiscal
with control populations, to identify potential year 2011, $1,750,000;
for long-term adverse health effects in less ex- amounts available from the Fund for such pur-
‘‘(B) for fiscal year 2012, $7,000,000; and
posed populations. pose. ‘‘(C) for each subsequent fiscal year, the
‘‘(c) CONSULTATION.—The WTC Program Ad- ‘‘(3) LIMITATION ON AUTHORIZATION FOR FUR-
amount specified under this paragraph for the
ministrator shall carry out this section in con- THER APPROPRIATIONS.—This title does not es-
previous fiscal year increased by the percentage
sultation with the WTC Scientific/Technical Ad- tablish any authorization for appropriation of increase in the consumer price index for all
visory Committee. amounts in excess of the amounts available from urban consumers (all items; United States city
‘‘(d) APPLICATION OF PRIVACY AND HUMAN the Fund under paragraph (1). average) as estimated by the Secretary for the
SUBJECT PROTECTIONS.—The privacy and ‘‘(c) LIMITS ON SPENDING FOR CERTAIN PUR-
12-month period ending with March of the pre-
human subject protections applicable to re- POSES.—Of the amounts made available under
search conducted under this section shall not be subsection (b)(1), not more than each of the fol-
lowing amounts may be available for each of the TITLE II—SEPTEMBER 11TH VICTIM
less than such protections applicable to research COMPENSATION FUND OF 2001
conducted or funded by the Department of following purposes:
‘‘(1) SURVIVING IMMEDIATE FAMILY MEMBERS SEC. 201. DEFINITIONS.
Health and Human Services.
OF FIREFIGHTERS.—For the purposes of carrying Section 402 of the Air Transportation Safety
‘‘SEC. 3342. WORLD TRADE CENTER HEALTH REG-
ISTRY. out subtitle B with respect to WTC responders and System Stabilization Act (49 U.S.C. 40101
described in section 3311(a)(2)(A)(ii)— note) is amended—
‘‘For the purpose of ensuring ongoing data
‘‘(A) for the last calendar quarter of fiscal (1) in paragraph (6) by inserting ‘‘, or debris
collection relating to victims of the September
year 2011, $100,000; removal, including under the World Trade Cen-
11, 2001, terrorist attacks, the WTC Program Ad-
‘‘(B) for fiscal year 2012, $400,000; and ter Health Program established under section
ministrator shall ensure that a registry of such
‘‘(C) for each subsequent fiscal year, the 3001 of the Public Health Service Act, and pay-
victims is maintained that is at least as com-
amount specified under this paragraph for the ments made pursuant to the settlement of a civil
prehensive as the World Trade Center Health
previous fiscal year increased by the percentage action described in section 405(c)(3)(C)(iii)’’
Registry maintained under the arrangements in
increase in the consumer price index for all after ‘‘September 11, 2001’’;
effect as of April 20, 2009, with the New York (2) by inserting after paragraph (6) the fol-
urban consumers (all items; United States city
City Department of Health and Mental Hygiene. lowing new paragraphs and redesignating sub-
average) as estimated by the Secretary for the
‘‘Subtitle D—Funding 12-month period ending with March of the pre- sequent paragraphs accordingly:
‘‘SEC. 3351. WORLD TRADE CENTER HEALTH PRO- vious year. ‘‘(7) CONTRACTOR AND SUBCONTRACTOR.—The
GRAM FUND. ‘‘(2) WTC HEALTH PROGRAM SCIENTIFIC/TECH- term ‘contractor and subcontractor’ means any
‘‘(a) ESTABLISHMENT OF FUND.— NICAL ADVISORY COMMITTEE.—For the purpose contractor or subcontractor (at any tier of a
‘‘(1) IN GENERAL.—There is established a fund of carrying out section 3302(a)— subcontracting relationship), including any gen-
to be known as the World Trade Center Health ‘‘(A) for the last calendar quarter of fiscal eral contractor, construction manager, prime
Program Fund (referred to in this section as the year 2011, $25,000; contractor, consultant, or any parent, sub-
‘Fund’). ‘‘(B) for fiscal year 2012, $100,000; and sidiary, associated or allied company, affiliated
‘‘(2) FUNDING.—Out of any money in the ‘‘(C) for each subsequent fiscal year, the company, corporation, firm, organization, or
Treasury not otherwise appropriated, there amount specified under this paragraph for the joint venture thereof that participated in debris
shall be deposited into the Fund for each of fis- previous fiscal year increased by the percentage removal at any 9/11 crash site. Such term shall
cal years 2012 through 2016 (and the last cal- increase in the consumer price index for all not include any entity, including the Port Au-
endar quarter of fiscal year 2011)— urban consumers (all items; United States city thority of New York and New Jersey, with a
‘‘(A) the Federal share, consisting of an average) as estimated by the Secretary for the property interest in the World Trade Center, on
amount equal to the lesser of— 12-month period ending with March of the pre- September 11, 2001, whether fee simple, leasehold
‘‘(i) 90 percent of the expenditures in carrying vious year. or easement, direct or indirect.
out this title for the respective fiscal year (ini- ‘‘(3) EDUCATION AND OUTREACH.—For the pur- ‘‘(8) DEBRIS REMOVAL.—The term ‘debris re-
tially based on estimates, subject to subsequent pose of carrying out section 3303— moval’ means rescue and recovery efforts, re-
reconciliation based on actual expenditures); or ‘‘(A) for the last calendar quarter of fiscal moval of debris, cleanup, remediation, and re-
‘‘(ii)(I) $71,000,000 for the last calendar quar- year 2011, $500,000; sponse during the immediate aftermath of the
ter of fiscal year 2011, $318,000,000 for fiscal year ‘‘(B) for fiscal year 2012, $2,000,000; and terrorist-related aircraft crashes of September
2012, $354,000,000 for fiscal year 2013, ‘‘(C) for each subsequent fiscal year, the 11, 2001, with respect to a 9/11 crash site.’’;
$382,000,000 for fiscal year 2014, and $431,000,000 amount specified under this paragraph for the (3) by inserting after paragraph (10), as so re-
for fiscal year 2015; and previous fiscal year increased by the percentage designated, the following new paragraph and
‘‘(II) subject to paragraph (4), an additional increase in the consumer price index for all redesignating the subsequent paragraphs ac-
amount for fiscal year 2016 from unexpended urban consumers (all items; United States city cordingly:
amounts for previous fiscal years; plus average) as estimated by the Secretary for the ‘‘(11) IMMEDIATE AFTERMATH.—The term ‘im-
‘‘(B) the New York City share, consisting of 12-month period ending with March of the pre- mediate aftermath’ means any period beginning
the amount contributed under the contract vious year. with the terrorist-related aircraft crashes of Sep-
under section 3331(d). ‘‘(4) UNIFORM DATA COLLECTION.—For the tember 11, 2001, and ending on May 30, 2002.’’;
‘‘(3) CONTRACT REQUIREMENT.— purpose of carrying out section 3304 and for re- and
‘‘(A) IN GENERAL.—No funds may be disbursed imbursing Data Centers (as defined in section (4) by adding at the end the following new
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from the Fund unless New York City has en- 3305(b)(2)) for the costs incurred by such Centers paragraph:
tered into a contract with the WTC Program Ad- in carrying out activities under contracts en- ‘‘(14) 9/11 CRASH SITE.—The term ‘9/11 crash
ministrator under section 3331(d)(1). tered into under section 3305(a)(2)— site’ means—
‘‘(B) BREACH OF CONTRACT.—In the case of a ‘‘(A) for the last calendar quarter of fiscal ‘‘(A) the World Trade Center site, Pentagon
failure to pay the amount so required under the year 2011, $2,500,000; site, and Shanksville, Pennsylvania site;
contract— ‘‘(B) for fiscal year 2012, $10,000,000; and ‘‘(B) the buildings or portions of buildings
‘‘(i) the amount is recoverable under subpara- ‘‘(C) for each subsequent fiscal year, the that were destroyed as a result of the terrorist-
graph (E)(ii) of such section; amount specified under this paragraph for the related aircraft crashes of September 11, 2001;
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December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8957
‘‘(C) any area contiguous to a site of such ‘‘(ii) OTHER ELIGIBILITY REQUIREMENTS FOR ity for all claims and actions (including claims
crashes that the Special Master determines was FILING CLAIMS.—An individual may file a claim or actions that have been previously resolved,
sufficiently close to the site that there was a de- during the period described in subsection that are currently pending, and that may be
monstrable risk of physical harm resulting from (a)(3)(B) only if— filed) for compensatory damages, contribution
the impact of the aircraft or any subsequent ‘‘(I) the individual was treated by a medical or indemnity, or any other form or type of relief,
fire, explosions, or building collapses (including professional for suffering from a physical harm arising from or related to debris removal,
the immediate area in which the impact oc- described in clause (i)(I) within a reasonable against the City of New York, any entity (in-
curred, fire occurred, portions of buildings fell, time from the date of discovering such harm; cluding the Port Authority of New York and
or debris fell upon and injured individuals); and and New Jersey) with a property interest in the
‘‘(D) any area related to, or along, routes of ‘‘(II) the individual’s physical harm is verified World Trade Center on September 11, 2001
debris removal, such as barges and Fresh by contemporaneous medical records created by (whether fee simple, leasehold or easement, or
Kills.’’. or at the direction of the medical professional direct or indirect) and any contractors and sub-
SEC. 202. EXTENDED AND EXPANDED ELIGIBILITY who provided the medical care. contractors, shall not be in an amount that ex-
FOR COMPENSATION. ‘‘(iii) DATE SPECIFIED.—The date specified in ceeds the sum of the following, as may be appli-
(a) INFORMATION ON LOSSES RESULTING FROM this clause is the date on which the regulations cable:
DEBRIS REMOVAL INCLUDED IN CONTENTS OF are updated under section 407(a).’’. ‘‘(A) The amount of funds of the WTC Captive
CLAIM FORM.—Section 405(a)(2)(B) of the Air (d) CLARIFYING APPLICABILITY TO ALL 9/11 Insurance Company, including the cumulative
Transportation Safety and System Stabilization CRASH SITES.—Section 405(c)(2)(A)(i) of such interest.
Act (49 U.S.C. 40101 note) is amended— Act is amended by striking ‘‘or the site of the ‘‘(B) The amount of all available insurance
(1) in clause (i), by inserting ‘‘, or debris re- identified in schedule 2 of the WTC Captive In-
aircraft crash at Shanksville, Pennsylvania’’
moval during the immediate aftermath’’ after surance Company insurance policy.
and inserting ‘‘the site of the aircraft crash at
‘‘September 11, 2001’’; ‘‘(C) As it relates to the limitation of liability
Shanksville, Pennsylvania, or any other 9/11
(2) in clause (ii), by inserting ‘‘or debris re- of the City of New York, the amount that is the
moval during the immediate aftermath’’ after greater of the City of New York’s insurance cov-
(e) INCLUSION OF PHYSICAL HARM RESULTING
‘‘crashes’’; and erage or $350,000,000. In determining the amount
(3) in clause (iii), by inserting ‘‘or debris re- FROM DEBRIS REMOVAL.—Section 405(c) of such
Act is amended in paragraph (2)(A)(ii), by in- of the City’s insurance coverage for purposes of
moval during the immediate aftermath’’ after
serting ‘‘or debris removal’’ after ‘‘air crash’’. the previous sentence, any amount described in
(f) LIMITATIONS ON CIVIL ACTIONS.— subparagraphs (A) and (B) shall not be in-
(b) EXTENSION OF DEADLINE FOR CLAIMS
UNDER SEPTEMBER 11TH VICTIM COMPENSATION (1) APPLICATION TO DAMAGES RELATED TO DE- cluded.
BRIS REMOVAL.—Clause (i) of section 405(c)(3)(C) ‘‘(D) As it relates to the limitation of liability
FUND OF 2001.—Section 405(a)(3) of such Act is
of such Act, as redesignated by subsection (c), is of any entity, including the Port Authority of
amended to read as follows:
‘‘(3) LIMITATION.— amended by inserting ‘‘, or for damages arising New York and New Jersey, with a property in-
‘‘(A) IN GENERAL.—Except as provided by sub- from or related to debris removal’’ after ‘‘Sep- terest in the World Trade Center on September
paragraph (B), no claim may be filed under tember 11, 2001’’. 11, 2001 (whether fee simple, leasehold or ease-
paragraph (1) after the date that is 2 years after (2) PENDING ACTIONS.—Clause (ii) of such sec- ment, or direct or indirect), the amount of all
the date on which regulations are promulgated tion, as so redesignated, is amended to read as available liability insurance coverage main-
under section 407(a). follows: tained by any such entity.
‘‘(B) EXCEPTION.—A claim may be filed under ‘‘(ii) PENDING ACTIONS.—In the case of an in- ‘‘(E) As it relates to the limitation of liability
paragraph (1), in accordance with subsection dividual who is a party to a civil action de- of any individual contractor or subcontractor,
(c)(3)(A)(i), by an individual (or by a personal scribed in clause (i), such individual may not the amount of all available liability insurance
representative on behalf of a deceased indi- submit a claim under this title— coverage maintained by such contractor or sub-
vidual) during the period beginning on the date ‘‘(I) during the period described in subsection contractor on September 11, 2001.
on which the regulations are updated under sec- (a)(3)(A) unless such individual withdraws from ‘‘(5) PRIORITY OF CLAIMS PAYMENTS.—Pay-
tion 407(b) and ending on the date that is 5 such action by the date that is 90 days after the ments to plaintiffs who obtain a settlement or
years after the date on which such regulations date on which regulations are promulgated judgment with respect to a claim or action to
are updated.’’. under section 407(a); and which paragraph (4) applies, shall be paid sole-
(c) REQUIREMENTS FOR FILING CLAIMS DURING ‘‘(II) during the period described in subsection ly from the following funds in the following
EXTENDED FILING PERIOD.—Section 405(c)(3) of (a)(3)(B) unless such individual withdraws from order, as may be applicable:
such Act is amended— ‘‘(A) The funds described in subparagraph (A)
such action by the date that is 90 days after the
(1) by redesignating subparagraphs (A) and or (B) of paragraph (4).
date on which the regulations are updated
(B) as subparagraphs (B) and (C), respectively; ‘‘(B) If there are no funds available as de-
under section 407(b).’’.
and scribed in subparagraph (A) or (B) of paragraph
(3) SETTLED ACTIONS.—Such section, as so re-
(2) by inserting before subparagraph (B), as so (4), the funds described in subparagraph (C) of
designated, is further amended by adding at the
redesignated, the following new subparagraph: such paragraph.
end the following new clause:
‘‘(A) REQUIREMENTS FOR FILING CLAIMS DUR- ‘‘(C) If there are no funds available as de-
‘‘(iii) SETTLED ACTIONS.—In the case of an in-
ING EXTENDED FILING PERIOD.— scribed in subparagraph (A), (B), or (C) of para-
dividual who settled a civil action described in
‘‘(i) TIMING REQUIREMENTS FOR FILING graph (4), the funds described in subparagraph
clause (i), such individual may not submit a
CLAIMS.—An individual (or a personal rep- (D) of such paragraph.
claim under this title unless such action was ‘‘(D) If there are no funds available as de-
resentative on behalf of a deceased individual)
commenced after December 22, 2003, and a re- scribed in subparagraph (A), (B), (C), or (D) of
may file a claim during the period described in
lease of all claims in such action was tendered paragraph (4), the funds described in subpara-
subsection (a)(3)(B) as follows:
‘‘(I) In the case that the Special Master deter- prior to the date on which the James Zadroga 9/ graph (E) of such paragraph.
mines the individual knew (or reasonably 11 Health and Compensation Act of 2010 was en- ‘‘(6) DECLARATORY JUDGMENT ACTIONS AND DI-
should have known) before the date specified in acted.’’. RECT ACTION.—Any claimant to a claim or ac-
clause (iii) that the individual suffered a phys- SEC. 203. REQUIREMENT TO UPDATE REGULA- tion to which paragraph (4) applies may, with
ical harm at a 9/11 crash site as a result of the TIONS. respect to such claim or action, either file an ac-
terrorist-related aircraft crashes of September Section 407 of the Air Transportation Safety tion for a declaratory judgment for insurance
11, 2001, or as a result of debris removal, and and System Stabilization Act (49 U.S.C. 40101 coverage or bring a direct action against the in-
that the individual knew (or should have note) is amended— surance company involved, except that no such
known) before such specified date that the indi- (1) by striking ‘‘Not later than’’ and inserting action for declaratory judgment or direct action
vidual was eligible to file a claim under this ‘‘(a) IN GENERAL.—Not later than’’; and may be commenced until after the funds avail-
title, the individual may file a claim not later (2) by adding at the end the following new able in subparagraph (A), (B), (C), and (D) of
than the date that is 2 years after such specified subsection: paragraph (5) have been exhausted consistent
date. ‘‘(b) UPDATED REGULATIONS.—Not later than with the order described in such paragraph for
‘‘(II) In the case that the Special Master de- 180 days after the date of the enactment of the payment.’’.
termines the individual first knew (or reason- James Zadroga 9/11 Health and Compensation SEC. 205. FUNDING; ATTORNEY FEES.
ably should have known) on or after the date Act of 2010, the Special Master shall update the Section 406 of the Air Transportation Safety
specified in clause (iii) that the individual suf- regulations promulgated under subsection (a) to and System Stabilization Act (49 U.S.C. 40101
fered such a physical harm or that the indi- the extent necessary to comply with the provi- note) is amended—
vidual first knew (or should have known) on or sions of title II of such Act.’’. (1) in subsection (a), by striking ‘‘Not later
after such specified date that the individual was
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SEC. 204. LIMITED LIABILITY FOR CERTAIN than’’ and inserting ‘‘Subject to the limitations
eligible to file a claim under this title, the indi- CLAIMS. under subsection (d), not later than’’;
vidual may file a claim not later than the last Section 408(a) of the Air Transportation Safe- (2) in subsection (b)—
day of the 2-year period beginning on the date ty and System Stabilization Act (49 U.S.C. 40101 (A) by inserting ‘‘in the amounts provided
the Special Master determines the individual note) is amended by adding at the end the fol- under subsection (d)(1)’’ after ‘‘appropriations
first knew (or should have known) that the in- lowing new paragraphs: Acts’’; and
dividual both suffered from such harm and was ‘‘(4) LIABILITY FOR CERTAIN CLAIMS.—Not- (B) by inserting ‘‘subject to the limitations
eligible to file a claim under this title. withstanding any other provision of law, liabil- under subsection (d)’’ before the period; and
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H8958 CONGRESSIONAL RECORD — HOUSE December 22, 2010
(3) by adding at the end the following new TITLE III—REVENUE RELATED erence to the latest statement titled ‘‘Budgetary
subsections: PROVISIONS Effects of PAYGO Legislation’’ for this Act, sub-
‘‘(d) LIMITATION.— SEC. 301. EXCISE TAX ON CERTAIN FOREIGN PRO- mitted for printing in the Congressional Record
‘‘(1) IN GENERAL.—The total amount of Fed- CUREMENT. by the Chairman of the Senate Budget Com-
eral funds paid for compensation under this (a) IMPOSITION OF TAX.— mittee, provided that such statement has been
title, with respect to claims filed on or after the (1) IN GENERAL.—Subtitle D of the Internal submitted prior to the vote on passage.
date on which the regulations are updated Revenue Code of 1986 is amended by adding at MOTION TO CONCUR
under section 407(b), shall not exceed the end the following new chapter:
$2,775,000,000. Of such amounts, not to exceed The SPEAKER pro tempore. The
‘‘CHAPTER 50—FOREIGN PROCUREMENT Clerk will report the motion.
$875,000,000 shall be available to pay such
claims during the 5-year period beginning on ‘‘Sec. 5000C. Imposition of tax on certain for- The Clerk read as follows:
such date. eign procurement. Mr. Pallone moves that the House concur
‘‘(2) PRO-RATION AND PAYMENT OF REMAINING ‘‘SEC. 5000C. IMPOSITION OF TAX ON CERTAIN in the Senate amendment to H.R. 847.
CLAIMS.— FOREIGN PROCUREMENT.
The SPEAKER pro tempore. Pursu-
‘‘(A) IN GENERAL.—The Special Master shall ‘‘(a) IMPOSITION OF TAX.—There is hereby im-
ratably reduce the amount of compensation due posed on any foreign person that receives a ant to the order of the House of today,
claimants under this title in a manner to ensure, specified Federal procurement payment a tax the motion shall be debatable for 30
to the extent possible, that— equal to 2 percent of the amount of such speci- minutes equally divided and controlled
‘‘(i) all claimants who, before application of fied Federal procurement payment. by the Chair and ranking minority
the limitation under the second sentence of ‘‘(b) SPECIFIED FEDERAL PROCUREMENT PAY- Member of the Committee on Energy
paragraph (1), would have been determined to MENT.—For purposes of this section, the term and Commerce.
be entitled to a payment under this title during ‘specified Federal procurement payment’ means The gentleman from New Jersey (Mr.
such 5-year period, receive a payment during any payment made pursuant to a contract with PALLONE) and the gentleman from
such period; and the Government of the United States for—
‘‘(ii) the total amount of all such payments ‘‘(1) the provision of goods, if such goods are
Texas (Mr. BURGESS) each will control
made during such 5-year period do not exceed manufactured or produced in any country 15 minutes.
the amount available under the second sentence which is not a party to an international pro- The Chair recognizes the gentleman
of paragraph (1) to pay claims during such pe- curement agreement with the United States, or from New Jersey.
riod. ‘‘(2) the provision of services, if such services GENERAL LEAVE
‘‘(B) PAYMENT OF REMAINDER OF CLAIM are provided in any country which is not a Mr. PALLONE. Madam Speaker, I
AMOUNTS.—In any case in which the amount of party to an international procurement agree- ask unanimous consent that all Mem-
a claim is ratably reduced pursuant to subpara- ment with the United States.
graph (A), on or after the first day after the 5- bers may have 5 legislative days in
‘‘(c) FOREIGN PERSON.—For purposes of this
year period described in paragraph (1), but in which to revise and extend their re-
section, the term ‘foreign person’ means any
no event later than 1 year after such 5-year pe- person other than a United States person. marks and include extraneous material
riod, the Special Master shall pay to the claim- ‘‘(d) ADMINISTRATIVE PROVISIONS.— in the RECORD.
ant the amount that is equal to the difference ‘‘(1) WITHHOLDING.—The amount deducted The SPEAKER pro tempore. Is there
between— and withheld under chapter 3 shall be increased objection to the request of the gen-
‘‘(i) the amount that the claimant would have by the amount of tax imposed by this section on tleman from New Jersey?
been paid under this title during such period such payment. There was no objection.
without regard to the limitation under the sec- ‘‘(2) OTHER ADMINISTRATIVE PROVISIONS.—For Mr. PALLONE. Madam Speaker, I
ond sentence of paragraph (1) applicable to purposes of subtitle F, any tax imposed by this
such period; and
yield to myself such time as I may con-
section shall be treated as a tax imposed by sub- sume.
‘‘(ii) the amount the claimant was paid under title A.’’.
this title during such period. I rise in strong support of the Senate
(2) CLERICAL AMENDMENT.—The table of chap-
‘‘(C) TERMINATION.—Upon completion of all ters for subtitle D of the Internal Revenue Code amendment to H.R. 847, the James
payments pursuant to this subsection, the Vic- of 1986 is amended by adding at the end the fol- Zadroga 9/11 Health and Compensation
tim’s Compensation Fund shall be permanently lowing new item: Act of 2019. Today, this body, for the
closed. third time, will vote on legislation to
‘‘(e) ATTORNEY FEES.— ‘‘CHAPTER 50—FOREIGN PROCUREMENT’’.
‘‘(1) IN GENERAL.—Notwithstanding any con- (3) EFFECTIVE DATE.—The amendments made finally keep our promise and take care
tract, the representative of an individual may by this subsection shall apply to payments re- of the heroes of 9/11.
not charge, for services rendered in connection ceived pursuant to contracts entered into on I would like to thank the bill’s spon-
with the claim of an individual under this title, and after the date of the enactment of this Act. sors, Representatives CAROLYN
more than 10 percent of an award made under (b) PROHIBITION ON REIMBURSEMENT OF MALONEY and JERRY NADLER, as well as
this title on such claim. FEES.— my colleagues from New York on the
‘‘(2) LIMITATION.— (1) IN GENERAL.—The head of each executive
‘‘(A) IN GENERAL.—Except as provided in sub-
committee, ELIOT ENGEL and ANTHONY
agency shall take any and all measures nec-
paragraph (B), in the case of an individual who WEINER, also, for their tireless work on
essary to ensure that no funds are disbursed to
was charged a legal fee in connection with the any foreign contractor in order to reimburse the behalf of this legislation.
settlement of a civil action described in section tax imposed under section 5000C of the Internal Madam Speaker, this bill would es-
405(c)(3)(C)(iii), the representative of the indi- Revenue Code of 1986. tablish the World Trade Center Health
vidual may not charge any amount for com- (2) ANNUAL REVIEW.—The Administrator for Program, a program to screen, monitor
pensation for services rendered in connection Federal Procurement Policy shall annually re- and treat eligible responders and sur-
with a claim filed under this title. view the contracting activities of each executive vivors who are suffering from World
‘‘(B) EXCEPTION.—If the legal fee charged in agency to monitor compliance with the require-
connection with the settlement of a civil action
Trade Center related diseases. It also
ments of paragraph (1). reopens the 9/11 Victim Compensation
described in section 405(c)(3)(C)(iii) of an indi- (3) EXECUTIVE AGENCY.—For purposes of this
vidual is less than 10 percent of the aggregate subsection, the term ‘‘executive agency’’ has the
amount of compensation awarded to such indi- meaning given the term in section 4 of the Office
H.R. 847, as amended, costs $4.2 bil-
vidual through such settlement, the representa- of Federal Procurement Policy Act (41 U.S.C. lion over 10 years. Of that amount, $1.5
tive of such individual may charge an amount 403). billion will go to the health program,
for compensation for services rendered to the ex- (c) APPLICATION.—This section and the while $2.7 billion will go the VCF. Both
tent that such amount charged is not more amendments made by this section shall be ap- programs are now limited to 5 years.
than— plied in a manner consistent with United States The amended bill before us today also
‘‘(i) 10 percent of such aggregate amount obligations under international agreements.
through the settlement, minus
changes how the two programs are paid
SEC. 302. RENEWAL OF FEES FOR VISA-DEPEND- for by a 2 percent fee on government
‘‘(ii) the total amount of all legal fees charged ENT EMPLOYERS.
for services rendered in connection with such procurement from foreign companies
Subsections (a), (b), and (c) of section 402 of
Public Law 111–230 are amended by striking
located in nongovernmental procure-
‘‘(3) DISCRETION TO LOWER FEE.—In the event ment, and a 1-year extension of H1–B
that the special master finds that the fee limit ‘‘2014’’ each place that such appears and insert-
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ing ‘‘2015’’. and L–1 visa fees for outsourcing com-
set by paragraph (1) or (2) provides excessive
TITLE IV—BUDGETARY EFFECTS panies.
compensation for services rendered in connec-
Madam Speaker, this bill has long
tion with such claim, the Special Master may, in SEC. 401. COMPLIANCE WITH STATUTORY PAY-AS-
the discretion of the Special Master, award as YOU-GO ACT OF 2010. been a huge priority for me and many
reasonable compensation for services rendered The budgetary effects of this Act, for the pur- of my colleagues in the House and the
an amount lesser than that permitted for in pose of complying with the Statutory Pay-As- Senate. I urge my colleagues to pass
paragraph (1).’’. You-Go-Act of 2010, shall be determined by ref- the bill.
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December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8959
I reserve the balance of my time. more than just benefits to first re- The World Trade Center Health Program
Mr. BURGESS. I yield myself such sponders; it also provides benefits to currently provides services to first responders
time as I may consume. anyone who lives and works in New and community residents who developed ill-
Madam Speaker, I appreciate the York City. Under this bill, even Wall nesses as a result of their exposure to the
gentleman’s efforts in this regard. I Street millionaires could receive bene- massive toxic dust cloud that blanketed lower
would like to take a few moments and fits with no cost to them, all done at Manhattan after the terrorist attacks on Sep-
clear up some of the the taxpayers’ expense. tember 11, 2001.
mischaracterizations that have oc- In fact, in the Committee on Energy The current program is not authorized. The
curred, unfortunately, around the de- and Commerce I offered an amendment House-passed bill authorized the Health Pro-
bate of this bill as it has worked its that was rejected by the committee. I gram through FY 2019 at a federal funding
way through both Houses. attempted to offer the amendment at level of $3.2 billion. The federal government
There have been some who have Rules when this legislation was will pay 90 percent of the cost, while New
claimed that my side, the Republicans, brought before the House before our ad- York City will pay 10 percent.
do not support providing treatment for journment in September, but I was The Senate amendment reduces the author-
9/11 first responders, and that these thwarted in that. But it remains that ization period to FY 2015 and federal funding
first responders are currently going we ought to ensure that Federal tax- to $1.5 billion. New York City would still be re-
without treatment for the illnesses and payers would not have to pay for the quired to pay 10 percent of the costs.
injuries they suffered as a result of health care of millionaires. The Senate amendment makes a number of
serving at the World Trade Center. The bill passed by the Senate is an other changes in the Health Program.
Both of those claims are simply not improvement over what passed in the It prohibits the Secretary of HHS from using
true. House. There could have been further NIOSH to administer payments to Centers of
According to President Obama’s ad- improvements to ensure our limited re- Excellence and other participating providers.
ministration’s own Centers for Disease sources are being spent in the most ef- It clarifies that Centers of Excellence deliv-
Control, the agency said, ‘‘We will con- ficient manner possible. But all in all, ering services to responders and community
tinue to provide monitoring and treat- the improvements that have been ac- residents will have to provide claims-level data
ment services for mental and physical complished over the last 24 hours are to the Health Program Administrator.
health conditions related to World all to the good. This is an important It clarifies the Centers of Excellence should
Trade Center exposures for both re- piece of legislation. This is something be paid for the costs of carrying out the pro-
sponders and for eligible non-respond- that this Congress or some Congress gram that are not otherwise reimbursable,
ers. The World Trade Center program is should have passed in the last 8 years. such as outreach, data collection, social serv-
critical in meeting the ongoing and And it is unconscionable that we are ices, and development of treatment protocols.
long-term specialty needs of individ- here today at the last hour of the 111th It authorizes the Program Administrator to
uals that were exposed to dust, smoke, Congress with still this work pending. contract with the VA to provide services to re-
debris, and psychological trauma from It’s important to get this work done. sponders enrolled in the national program
the World Trade Center attacks.’’ I reserve the balance of my time. through its facilities, but only if the VA choos-
As of September 30, 2009, the World Mr. PALLONE. Madam Speaker, I es to do so.
Trade Center program had enrolled yield 1 minute to the chairman of the Finally, the Senate amendment directs the
over 55,000 responders in its monitoring Energy and Commerce Committee, the GAO to conduct studies on various aspects of
and treatment programs. This is in the gentleman from California (Mr. WAX- the Health Program and to report to the Com-
CDC’s budget justification for 2011. MAN). mittees of jurisdiction prior to July 1, 2011.
At the Energy and Commerce Com- Mr. WAXMAN. I rise in strong sup- That is the date on which Secretary of HHS
mittee’s markup of this legislation, port, Madam Speaker, of H.R. 847, the and the WTC Administrator are responsible for
Republicans offered an amendment James Zadroga 9/11 Health and Com- implementing the Health Program. In the likely
that would authorize the program that pensation Act of 2010. I want to thank event that the GAO is unable to complete all
is already providing treatment and the chairman of the Health Sub- of its work by that date, the Program will
monitoring benefits and authorized committee, FRANK PALLONE, as well as nonetheless begin furnishing services to re-
funding for the program at exactly the my colleagues from New York on the sponders and survivors.
level that was requested by the Presi- committee, ELIOT ENGEL and ANTHONY The Administration supports this bill for the
dent of the United States. That same WEINER, for their relentless work on same reason that all of us should: it is the
amendment asked for real account- behalf of this legislation, as well as right thing to do.
ability to ensure that we knew how the Representatives MALONEY and NADLER, The first responders were there for us on 9–
tax dollars were being spent. Unfortu- and the whole New York City delega- 11. We should be there for them today.
nately, that amendment was defeated. tion, who were tireless in their support I urge my colleagues to pass this bill and
I am pleased that work in the Senate of this bill. send it on to the President for signature.
has yielded an amendment that will This is an important piece of legisla- Mr. BURGESS. Madam Speaker, I am
provide for increased accountability tion that will attempt to provide the pleased to yield 1 minute to the gen-
and increased transparency in how services to first responders and com- tleman from Oklahoma (Mr. COLE).
these funds are spent. H.R. 847 caps the munity residents who developed illness Mr. COLE. I thank the gentleman
number of people that can be enrolled as a result of their exposure to the from Texas for yielding.
in the program but it does not require massive toxic dust cloud that Madam Speaker, long before New
those enrolled to verify their citizen- blanketed Lower Manhattan after the York City’s first responders rushed to
ship. terrorist attack on September 11, 2001. save their fellow Americans in the fire
I strongly urge all Members to support and the horror of 9/11, they came to
b 1600 help the people of Oklahoma City deal
We offered an amendment that would H.R. 847, was reported by the Energy and with the death and destruction stem-
require this program so that people in Commerce Committee with bipartisan support ming from the terrorist bombing of the
the country without benefit of Social on May 25 by a vote of 33–12. Alfred P. Murrah Federal Building on
Security numbers would not get bene- The House passed H.R. 847 on September April 19, 1995. The people of Oklahoma
fits while Americans were being stuck 29; the bill received bipartisan support from have never forgotten the help that they
on the waiting list. This amendment 268 Members. received in their most difficult days
was defeated. The version of before us this afternoon is from the first responders of New York
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As with any government spending one that has been amended by the Senate in City and their fellow first responders
program, there should be limitations order to obtain bipartisan support in that from all across North America.
on who can participate. The govern- Chamber. When 9/11 occurred, Oklahoma’s first
ment has limited resources, so the Like the House-passed version, the Senate responders were proud to join their fel-
principal beneficiaries of the 9/11 version is fully paid for and will not increase low Americans and rush to the aid of a
health program should be the first re- the deficit. It fully complies with all pay-go stricken New York City. Now it’s our
sponders. However, H.R. 847 provides rules. turn in this body to help all of those
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H8960 CONGRESSIONAL RECORD — HOUSE December 22, 2010
who answered the call of duty on 9/11. taxes on companies that support Amer- the good or service is not available in the
They risked themselves to save others ican troops is both illogical and dan- United States or would cost an unreasonable
and to help one of America’s great cit- gerous. amount or if the procurement is required for
In addition, there is no reason that the national interest. Moreover, the amount
ies deal with and recover from the dev- of such procurement is generally regarded as
astation of the greatest terrorist at- other countries wouldn’t copy this tax relatively small compared to U.S. sales into
tack in our history. It’s time, as our and impose it on our U.S. companies the procurement markets of these countries.
greatest President said in an earlier that are competing to sell goods and The procurement portions of this legisla-
era and in another context, ‘‘to bind up services overseas. This would hurt our tion would undermine U.S. efforts to succeed
the Nation’s wounds, to care for him U.S. economic recovery efforts and ef- in the international economy by both invit-
who shall have borne the battle, and forts to boost U.S. sales abroad and ing non-GPA countries to take reciprocal ac-
create American jobs here at home. tion against U.S. companies seeking to par-
for his widow, and for his orphan.’’
ticipate in their procurement markets and
Madam Speaker, I urge the passage Moreover, I have real concerns that
by opening the United States to retaliation
of H.R. 847, as amended. this excise tax could be subject to legal for violating its WTO obligations. While U.S.
Mr. PALLONE. Madam Speaker, I challenge at the World Trade Organiza- companies certainly face significant and dis-
yield 1 minute to one of the sponsors of tion and may be inconsistent with our criminatory procurement barriers in China,
the bill who has worked tirelessly on G–20 commitments to avoid imposing India, Brazil and other countries that are not
this, the gentleman from New York new protectionist measures. part of the WTO procurement agreement,
(Mr. NADLER). Madam Speaker, I urge a ‘‘no’’ vote U.S. companies are still selling more into
Mr. NADLER of New York. Madam because of these provisions. Strangely, those government procurement markets
Speaker, let me first thank everyone the proposed procurement tax doesn’t than the United States is purchasing from
those countries. As a result, there would
who has worked on this bill and say the include any of the exceptions included
more than likely be net loss for U.S. exports,
Senate passed this bill a little while in our standard Buy America legisla- U.S. companies and U.S. jobs if this provi-
ago unanimously. The most conserv- tion, such as non-availability, unrea- sion became a model for foreign govern-
ative Senators, Senators ENZI and sonable cost and inconsistency with ments.
COBURN, supported it, and I hope we the public interest. As a result, the bill Furthermore, the imposition of this dis-
can do the same. would mandate a tax on the procure- criminatory tax on foreign companies may
Nine years ago, Madam Speaker, the ment of goods from a foreign producer also violate U.S. international commitments
if implemented. If found to be contrary to
heroes of 9/11 ran into the buildings, even when U.S. goods aren’t available.
U.S. WTO commitments, other countries
they rushed into the burning buildings, In addition to this new tax, the bill
could end up being authorized to retaliate di-
and they worked in a toxic environ- would extend a tax on companies that rectly against U.S. exports, further under-
ment for weeks and months. They have have more than half their employees mining U.S. opportunities overseas.
suffered for that. They have suffered on certain specialized visas to work For all of these reasons, we strongly urge
for their service to this country by get- here in the United States. This tax you to remove the Title III procurement pro-
ting sick, by dying, by being sick. It is raises independent concerns under our visions from this legislation.
international obligations. Respectfully,
now up to us to see that the United
The SPEAKER pro tempore. The American Association of Exporters and
States honors its heroes, that the Importers (AAEI);
United States does not turn its back on time of the gentleman has expired.
Association of Equipment Manufacturers
those who served us. Mr. BURGESS. I yield the gentleman
When we pass this bill, we will an- an additional 30 seconds. Business Roundtable;
swer the question of whether the Mr. BRADY of Texas. Finally, I Emergency Committee for American
United States honors its heroes, and would like to have printed in the Trade (ECAT);
whether the United States honors RECORD a letter from 10 key business National Foreign Trade Council (NFTC);
itself. Let us pass this bill, let us re- associations, including the Emergency National Retail Federation (NRF);
Committee for American Trade and the Organization for International Invest-
deem the honor of the United States ment (OFII);
after all these years, let us show the U.S. Chamber of Commerce, that also
oppose the use of these pay-for provi- TechAmerica;
world that the United States looks United States Council for International
after its own. That’s what this bill is. I sions. Business (USCIB);
urge everyone to support it. DECEMBER 21, 2010. U.S. Chamber of Commerce;
Mr. BURGESS. Madam Speaker, I Hon. NANCY PELOSI, U.S.-China Business Council.
yield 2 minutes to the gentleman from Speaker, House of Representatives,
Mr. PALLONE. Madam Speaker, I
Texas (Mr. BRADY), a member of the Hon. JOHN BOEHNER, yield 1 minute to the Speaker of the
Ways and Means Committee. Republican Leader, House of Representatives, House, who has done so much to make
Mr. BRADY of Texas. Madam Speak- Washington, DC. this bill possible.
er, I too support the goal of ensuring Hon. HARRY REID, Ms. PELOSI. Madam Speaker, I
that the brave men and women that Majority Leader, U.S. Senate, thank the gentleman for yielding. I
acted as first responders at the World Washington, DC. rise to briefly congratulate and thank
Trade Center attack are fairly treated Hon. MITCH MCCONNELL, the Members of the New York delega-
and compensated. But I rise today to Republican Leader, U.S. Senate, tion and others who helped bring this
oppose the troubling provisions the DEAR SPEAKER PELOSI AND LEADERS REID, legislation to the floor in a strong bi-
majority has attached to pay for this BOEHNER, AND MCCONNELL: We are writing to partisan way: Congresswoman
bill. urge you to remove from the proposed MALONEY, Congressman NADLER, Con-
This measure would impose a 2 per- amended version of H.R. 847 the Title III rev- gressman KING. Thank you. We thank
cent tax on goods and services that are enue raisers related to international govern- you for giving us the opportunity to
produced or provided in certain foreign ment procurement. First, its purported rev- say ‘‘thank you’’ in a real way to our
countries from firms that are based in enue raising benefits are highly question- first responders, to our firefighters, to
foreign countries that are not parties able. Second, there is a high risk that it will
those who rushed in without question
undermine the international competitive-
to certain treaties or international ness of American companies and American to rescue their fellow Americans, and
agreements. It sounds complicated. But workers. people from all over the country as a
some analysis suggests that a signifi- Title III would impose an excise tax on matter of fact.
cant majority of this tax, at least two- companies that are from foreign countries There is an exhilaration, Madam
thirds, if not more, would be raised by which are not members of the World Trade Speaker, that you see in the Chamber,
Organization (WTO) Government Procure-
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taxing contracts that support Amer- because right now we know that any
ican troops stationed in the Afghan ment Agreement (GPA) or similar procure- discussion we have ever had about 9/11
ment arrangements ostensibly for the pur-
and Iraqi theaters. Even more incred- has been a discussion where we have
pose of helping finance health benefits for
ible, this tax could apply to American the valiant 9/11 first responders. In reality, entered holy and sacred ground, where
companies that are providing goods the U.S. federal government is already pro- people lost their lives. Fewer did be-
and services to our troops through hibited from procuring from such countries, cause others were willing to risk
local subsidiaries. Levying additional except under very limited conditions—when theirs. For over 9 years we have been
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December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8961
trying to redress the grievance that we and survivors. This bill will save lives. leagues to remember all that the heroes of 9/
have of people not having the health It has taken too long, but help finally 11 have already given. These individuals
benefits and the recognition of their is here for the thousands of Americans rushed to the site of immeasurable danger
service, their sacrifice, and their cour- who are suffering because of 9/11. and first gave their time, and later are giving
age. Our bill will give support and hope to up their health, and in some cases their lives.
Today Mr. KING, Congresswoman more than 36,000 Americans who are Nine long years have passed since the at-
MALONEY, Congressman NADLER—I ailing because of the attacks on our tacks. It was never the intention of the bill’s
should say Congressman KING, Chair- Nation. It also says to future genera- authors to make this a partisan issue and I re-
man KING to be—and the leadership of tions that if you are harmed in the gret that it has become wrapped in party poli-
this House and of the United States service of our country, you will be tics.
Senate, and I thank Senator taken care of. I hope that my colleagues on both sides of
GILLIBRAND and Senator SCHUMER as I couldn’t be more proud of everyone the aisle can come together, just as we stood
well as Senator REID and the Repub- who fought like hell to pass this bill, together on the steps of the Capitol the
lican leadership in the Senate for af- our Senators GILLIBRAND and SCHUMER, evening of September 11, 2001, to show our
fording us this opportunity to extend my good friends and coauthors NADLER gratitude to the responders and survivors who
our patriotic appreciation to those and KING, the 9/11 responders and sur- have given so much to our country.
whose love of our country, whose care vivors who are here with us, and the There could be no better gift to America this
and commitment to their fellow per- thousands of their brothers and sisters holiday season than helping save the lives of
son, who unquestionably made sac- who could not be. John Feal, you have those who came to the aid of our Nation in a
rifices, and now, almost 91⁄2 years later, been a warrior for this bill. Thank you. time of war.
more than 9 years later we finally are Just after the attacks, this body Mr. BURGESS. I reserve the balance
came together. With this bill, we put in of my time.
doing the right thing for them.
law that we will never forget and do Mr. PALLONE. Mr. Speaker, I yield
b 1610 whatever it takes. to the gentleman from New York (Mr.
Every day our firefighters, our police Madam Speaker, today, I proudly rise to ENGEL) for the purpose of a unanimous
officers, our first responders leave their support the James Zadroga 9/11 Health and consent request.
homes, willing to risk their lives. Lit- Compensation Act. Passing this bill and get- (Mr. ENGEL asked and was given
tle did they know on that day many of ting it to the President’s desk will truly be a permission to revise and extend his re-
them would not return home. How can Christmas miracle. marks.)
we ever repay their sacrifice and their When JERRY NADLER and I first introduced a
Mr. ENGEL. I rise in strong support
courage? 9/11 bill, we never would have thought it could
of this bill. This is a fitting way to end
So, today we do so, certainly not take 7 years or that it could be the last legisla-
the 111th Congress. This is the proudest
enough, but as a token of our apprecia- tive item out the door. It should never have
moment I have had in Congress in 22
tion for what they have done to taken so long.
A TV commentator recently made a good years. I believe that our hard work
strengthen our country. paid off, all of us together on the
point when he said that Pearl Harbor was not
Again, I thank all of those who made Health Subcommittee of the Energy
just a Hawaii issue and neither should caring
this important legislation possible. and Commerce Committee.
for the victims of 9/11 be a New York issue.
Mr. BURGESS. May I inquire as to I urge my colleagues to support the
The Twin Towers were attacked as a symbol
how much time remains? bill.
of our Nation and the sick and injured are not
The SPEAKER pro tempore. The gen- Madam Speaker, I rise in strong support of
just from New York. After the attacks, at least
tleman from Texas has 71⁄2 minutes re- 10,000 brave men and women came from all the James Zadroga 9/11 Health Compensation
maining, and the gentleman from New 50 states and 428 of 435 Congressional dis- Act. As a member of the Energy and Com-
Jersey has 101⁄2 minutes remaining. tricts. merce Committee I was proud to help shep-
Mr. BURGESS. I yield myself 30 sec- I thank my colleagues from across the coun- herd this bill through the committee process
onds. try for staying to complete the last remaining and am proud to speak in support of this legis-
Madam Speaker, Congressman BRADY gap in America’s response to 9/11. Our bill will lation yet again on the House floor this year.
articulated very well some of the con- give support and hope to the more than Two days ago, I joined New York City
cerns he has with the pay-for that is in 36,000 Americans who are ailing because of Mayor, Michael Bloomberg, and other mem-
this bill, raising new revenues through the attacks on our Nation, and it also says to bers of the New York delegation, and first re-
tariffs, and the possibility of retalia- future generations that if you are harmed in sponders to urge swift passage of this bill in
tory efforts by other countries. the service of America, you will be taken care the Senate.
I would just point out, in section 4002 of. Madam speaker, it is shameful that we are
of the recently passed health care law I especially thank my good friends and co- approaching the 10-year anniversary of 9–11
last March, there is a section that calls authors JERRY NADLER and PETER KING, the next year and this bill still has not reached the
for a Public Health and Wellness Trust entire New York Delegation, and Speaker President for his signature.
Fund. The Secretary of Health and PELOSI and Majority Leader HOYER, who all Now I am here again today to urge my col-
Human Services has $15 billion in a helped pass this bill in September and are leagues to vote in favor of the package that
slush fund in ObamaCare. This money working on it today. I thank Senators we are considering today, which rectifies some
could have been easily used to pay for GILLIBRAND and SCHUMER for tireless efforts to of the concerns that my colleagues on the
this legislation. It could have been get this bill done. other side of the aisle have expressed.
done last April, and we wouldn’t be This long-overdue legislation will provide This is not a partisan issue, and the pack-
here at the last minute trying to health care and financial compensation to the age that we consider today reflects that.
scrounge for capital to pay these funds. responders and survivors who are sick from People from all over the country joined to
Mr. PALLONE. Madam Speaker, I exposure to toxins at Ground Zero. The cost help after the attack without concern for their
yield 1 minute to the gentlewoman of the bill has been cut almost in half to $4.3 health or wellbeing. Now it is their country’s
from New York (Mrs. MALONEY), who is billion from $7.4 billion. The Victim Compensa- time to step-up in their time of need. Victims
the prime sponsor of the legislation tion Fund will be funded for 5 years at $2.8 of 9–11 continue to suffer from crippling phys-
and has worked so hard on this bill. billion and the health programs will be fully ical ailments. They are dying and have been
(Mrs. MALONEY asked and was given funded for 5 years at $1.5 billion. I thank ignored for almost a decade. The House no-
permission to revise and extend her re- Members of the other body for coming to this ticed, once already this year. I am hopeful that
marks.) bipartisan compromise. we can send a bill to the Senate that will pass.
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Mrs. MALONEY. I thank all of my The offset has been entirely replaced with I look forward to casting my vote in support
colleagues, especially the New York two other offsets and in addition to fully fund- of the James Zadroga 9/11 Health Compensa-
delegation and the Speaker and Leader ing this bill, the procurement payfor will put an tion Act and sending it back to the Senate.
HOYER. estimated $450 million in extra revenue toward I am proud of the role that we played on the
Today, Congress repays a long over- the deficit. Health Subcommittee and the Energy and
due debt and answers the emergency We are reminded this holiday season of the Commerce with our hearings and markups in
calls of our ailing 9/11 first responders importance of giving. But today I ask my col- moving this bill through. This is not a New
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H8962 CONGRESSIONAL RECORD — HOUSE December 22, 2010
York issue; this is an American Issue. First re- Mr. RANGEL. All of us from the City Ms. JACKSON LEE of Texas. I thank
sponders came from all parts of the country. of New York and around the Nation are the distinguished gentleman, and I rise
The Federal Government falsely told everyone so proud to be a Member of this body. to support the Senate amendment to
it was safe to return and it wasn’t. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE H.R. 847, to be able to thank CAROLYN
Today we say thank you to our first re- The SPEAKER pro tempore. The MALONEY for the enormous work and to
sponders—it is a fitting way to end the 111th Chair will repeat that a Member asking also cite those who I saw dying that
Congress. to insert remarks may include a simple they might live.
Mr. BURGESS. I continue to reserve declaration of sentiment toward the Madam Speaker I rise today in strong sup-
the balance of my time. question under debate but should not port of H.R. 847, the ‘‘James Zadroga 9/11
Mr. PALLONE. I yield to the gen- embellish the request with extended Health and Compensation Act.’’ This bill has
tleman from New York (Mr. CROWLEY) oratory. been a long time coming, and I am glad that
for the purpose of a unanimous consent Mr. BURGESS. I continue to reserve it is finally here for us to provide medical mon-
request. the balance of my time. itoring and treatment benefits to eligible emer-
(Mr. CROWLEY asked and was given Mr. PALLONE. I yield to the gen- gency responders and recovery and cleanup
permission to revise and extend his re- tleman from New York (Mr. MCMAHON) workers who responded to the September 11,
marks.) for the purpose of a unanimous consent 2001, terrorist attacks. This legislation also al-
Mr. CROWLEY. Madam Speaker, on request. lows for initial health evaluation, monitoring,
September 11, my cousin, John Moran, (Mr. MCMAHON asked and was given and treatment benefits to residents and other
was at Tower Two of the World Trade permission to revise and extend his re- building occupants and area workers in New
Center. He said, ‘‘Let me off here. I marks.) York City who were directly impacted and ad-
want to try and make a difference.’’ Mr. MCMAHON. Madam Speaker, I versely affected by the 9/11 terrorist attacks.
We have made a difference today in rise in support of this bill on behalf of I have met firsthand many of these first re-
the lives of the people we’re saving. the people of Staten Island and Brook- sponders and workers, and I know the patri-
Today, I rise as the cousin of Battalion Chief lyn, New York, all of them, and in par- otic sacrifices they have made for their fellow
John Moran. ticular Trish and Marty Fullam. Americans. These brave, selfless individuals
My cousin, along with almost 3,000 others, The SPEAKER pro tempore. The gen- who put aside their own needs and fears to
died on September 11, 2001. tleman from New Jersey will be come to the aid of their fellow Americans put
His last known words were to the driver of charged with the time consumed. their lives at risk. They ventured into the
the New York City Fire Department vehicle. As Mr. BURGESS. I continue to reserve wreckage and dust of the World Trade Center,
he was dropped off at World Trade Center the balance of my time. not worrying about their own well being, but
Tower 2, John said, ‘Let me off here. I am Mr. PALLONE. I yield to the gen- rather, hoping that they could save the lives of
going to try to make a difference.’ tleman from New York (Mr. ACKERMAN) strangers. As a result of their fearless acts,
Nothing can replace the loss of my cousin for the purpose of a unanimous consent many of these emergency workers and first re-
or the thousands of others who were killed request. sponders were exposed to airborne toxins and
that day. Nothing can replace the loss of those (Mr. ACKERMAN asked and was other hazards. Providing medical services, in-
who have perished since. given permission to revise and extend cluding clinical examinations, long-term health
But, today we can make proud his memory his remarks.) monitoring, mental health care and necessary
and the memory of all those who served on Mr. BURGESS. I continue to reserve prescription drug coverage, is the least we can
September 11th and the days following. the balance of my time. do to repay them for their efforts.
Enactment of the James Zadroga 9-11 Mr. PALLONE. Madam Speaker, I The James Zadroga 9/11 Health and Com-
Health and Compensation Act fulfills a com- yield to the gentlewoman from Cali- pensation Act will provide both initial and fol-
mitment to those who served our Nation hon- fornia (Ms. ESHOO) for the purpose of a low-up medical services for World Trade Cen-
orably, tirelessly and without pause. unanimous consent request. ter responders and workers whose physical
Today, I am proud to stand before my col- (Ms. ESHOO asked and was given per- and mental health were impacted by the 9/11
leagues as the cousin of Battalion Chief John mission to revise and extend her re- attacks. H.R. 847 will also establish an out-
Moran, and I am proud, in the words of John, marks.) reach program to potentially eligible individ-
to ‘make a difference’ for the many heroes Ms. ESHOO. Madam Speaker, I urge uals.
who have suffered long enough because of all of my colleagues to vote for this. September 11, 2001, is a day that is indeli-
their service to our great country. How proud I am to have voted as a Cal- bly etched in the psyche of every American
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ifornian for the Americans that went and most of the world. Much like the
The SPEAKER pro tempore. A Mem- and took care and did their job. unprovoked attack on Pearl Harbor on Decem-
ber asking to insert remarks may in- The SPEAKER pro tempore. The gen- ber 7, 1941, September 11 is a day that will
clude a simple declaration of sentiment tleman will be charged with the time. live in infamy. And as much as Pearl Harbor
toward the question under debate but Mr. BURGESS. I continue to reserve changed the course of world history by pre-
should not embellish the request with the balance of my time. cipitating the global struggle between totali-
extended oratory. Mr. PALLONE. I yield to the gen- tarian fascism and representative democracy,
Mr. BURGESS. I continue to reserve tleman from Georgia (Mr. SCOTT) for the transformative impact of September 11 in
the balance of my time. the purpose of a unanimous consent re- the course of American and human history is
Mr. PALLONE. I yield to the gentle- quest. indelible. September 11 was not only the be-
woman from New York (Ms. SLAUGH- (Mr. SCOTT of Georgia asked and ginning of the Global War on Terror, but more-
TER) for the purpose of a unanimous was given permission to revise and ex- over, it was the day of innocence lost for a
consent request. tend his remarks.) new generation of Americans.
(Ms. SLAUGHTER asked and was Mr. SCOTT of Georgia. Madam Just like my fellow Americans, I remember
given permission to revise and extend Speaker, I rise in support of this bill as September 11 as vividly as if it was yesterday.
her remarks.) a big thank you from a very, very In my mind’s eye, I can still remember being
Ms. SLAUGHTER. Madam Speaker, I grateful Nation. mesmerized by the television as the two air-
rise in strong support of this bill. A lot The SPEAKER pro tempore. The gen- liners crashed into the Twin Towers of the
of us are going to sleep a lot better now tleman from New Jersey will be World Trade Center, and I remember the
knowing that this bill has been passed. charged. sense of terror we experienced when we real-
Mr. BURGESS. I continue to reserve Mr. BURGESS. I continue to reserve ized that this was no accident, that we had
the balance of my time. the balance of my time. been attacked, and that the world as we know
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Mr. PALLONE. Madam Speaker, I Mr. PALLONE. I yield to the gentle- it had changed forever. The moment in which
yield to the gentleman from New York woman from Texas (Ms. JACKSON LEE) the Twin Towers collapsed and the nearly
(Mr. RANGEL) for the purpose of a unan- for the purpose of a unanimous consent 3,000 innocent Americans died haunts me
imous consent request. request. until this day.
(Mr. RANGEL asked and was given (Ms. JACKSON LEE of Texas asked At this moment, I decided that the protection
permission to revise and extend his re- and was given permission to revise and of our homeland would be at the forefront of
marks.) extend her remarks.) my legislative agenda. I knew that all of our
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December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8963
collective efforts as Americans would all be in tantly, I want to thank the fire- to first responders and workers who were di-
vain if we did not achieve our most important fighters, the police officers, the con- rectly affected by the attacks. Additionally, the
priority: the security of our nation. Accordingly, struction workers, and all of those who program would establish education and out-
I became then and continue to this day to be came forward to answer the Nation’s reach programs and conduct research on
an active and engaged Member of the Com- call on September 11. This is a great physical and mental health conditions related
mittee on Homeland Security who considers victory for the American people. It’s a to the 9/11 attacks. The WTCHP program
our national security paramount. great victory for the Congress of the would serve more than 75,000 survivors, re-
Our nation’s collective response to the trag- United States. And it sends a signal covery workers, and members of the affected
edy of September 11 exemplified what has that we stand by those who come to communities.
been true of the American people since the in- our Nation’s defense in time of trouble Additionally, this bill provides long-term
ception of our Republic—in times of crisis, we and, indeed, in time of war, because health care and compensation for thousands
come together and always persevere. Despite this was the first battle of the great of responders and survivors. By passing this
the depths of our anguish on the preceding war of the 21st century. bill, we will be paying tribute to the sacrifice
day, on September 12, the American people Mr. PALLONE. I have no further and courage of these women and men and we
demonstrated their compassion and solidarity speakers, and I reserve the balance of will be paying a debt. This bill will be paid for
for one another as we began the process of my time. with a partnership with New York City and by
response, recovery, and rebuilding. We tran- Mr. BURGESS. Madam Speaker, I reducing government procurement payments
scended our differences and came together to yield myself the balance of my time. and the extension of fees for outsourcing com-
honor the sacrifices and losses sustained by This is an important bill. It’s some- panies.
the countless victims of September 11. Let us thing that should have been done a Unfortunately, this bill is a weaker version of
honor those who served and sacrificed by long time ago. I credit a former New the bill that I cosponsored and that the House
passing H.R. 847. York fireman, Richard Lasky, who is passed in September. The bill caps federal
Madam Speaker, as I stand here today, my now my fire chief in Lewisville, Texas, funding for health programs over five years
heart still grieves for those who perished on for helping me understand the impor- and allows first responders only five years to
flights United Airlines 93, American Airlines tance of this bill as it has gone for- file claims. Unfortunately, some put politics
77, American Airlines 11, and United Airlines ward. It has been difficult. In my opin- over these brave first responders. Although
175. When the sun rose on the morning of ion, there were better ways to do this this bill is a reduced version of the original bill,
September 11, none of us knew that it would bill, but it’s before us today. we must honor the rescue and recovery work-
end in an inferno in the magnificent World Mr. GENE GREEN of Texas. Madam ers by providing them with the much needed
Trade Center Towers in New York City, the Speaker, we need to ensure that the first re- health care. We cannot let our first responders
Pentagon in Washington, DC, and in the sponders and individuals who were in the vi- down.
grassy fields of Shanksville, Pennsylvania. cinity of the World Trade Center have access Mr. RYAN of Wisconsin. Madam Speaker, I
How I wish we could have hugged and kissed to the specialized medical treatment they need was absent for legislative business and
and held each of the victims one last time. and that means ensuring these programs are missed rollcall vote 663 on December 21,
I stand here remembering those who still properly funded. 2010, and rollcall vote 664 on December 22,
suffer, whose hearts still ache over the loss of H.R. 847 accomplishes that goal and I am 2010. Had I been present, I would have voted
so many innocent and interrupted lives. My proud to be a cosponser of this bill. ‘‘yes’’ on H.R. 6547, the Protecting Students
prayer is that for those who lost a father, a Mr. JOHNSON of Illinois. I find it appalling from Sexual and Violent Predators Act, and
mother, a husband, a wife, a child, or a friend that a bill of this magnitude was amended in ‘‘no’’ on rollcall vote 664 (H.R. 847).
will in the days and years ahead take comfort the Senate just hours before the House was The vote I wish to discuss is the bill H.R.
in the certain knowledge that they have gone asked to vote on it, with no Member having 847, the James Zadroga 9/11 Health and
on to claim the greatest prize, a place in the had the chance to review and deliberate on Compensation Act. Without a doubt, Repub-
Lord’s loving arms. And down here on the what we were voting on and enacting into law. licans and Democrats can agree that both the
ground, their memory will never die so long as When earlier versions of this bill were brought victims of the attacks on September 11, 2001,
any of the many of us who loved them lives. to the floor I had some major reservations and and the first responders who bravely served
Again, I would like to reiterate my strong with no way to know if all of these were ad- following the attacks deserve to be fairly treat-
support for H.R. 847, the James Zadroga 9/11 dressed I would not feel comfortable voting ed and compensated. However, this bill would
Health and Compensation Act, for it is impor- yes or no on this bill. create a new health care entitlement, the
tant that we take care of those who take care Mr. HOLT. Madam Speaker, I rise in sup- World Trade Center Health Program, while
of us in our time of need. port of the Senate amendment to the Zadroga also extending eligibility for compensation
The SPEAKER pro tempore. The gen- 9/11 Health and Compensation Act of 2010. under the September 11th Victim Compensa-
tleman from New Jersey will be As a cosponsor of the House bill, I urge pas- tion Fund of 2001. As a result, had I been
charged. sage of this important bill. present, I would have voted against passage
Mr. BURGESS. Madam Speaker, I Today, we have the opportunity to honor the of the bill.
yield 3 minutes to the gentleman from rescue and recovery workers who served our Since the terrorist attacks occurred nearly
New York (Mr. KING). nation after the devastating attacks at the nine years ago, I have supported legislation to
Mr. KING of New York. I thank the World Trade Center on September 11, 2001 ensure that these individuals are cared for and
gentleman for yielding. I will keep my and, more important than empty honor, to pro- receive access to the services they deserve.
remarks very brief. vide for their care. My district suffered However, rather than working with Repub-
I thank the Congress of the United casualities that day and nine years later, the licans to craft a bill which truly addressed the
States for what it is going to do today. memory of that terrible day is still fresh in our shortcomings in care provided to those directly
Especially I want to thank CAROLYN minds. impacted by the September 11th terrorist at-
MALONEY and JERRY NADLER for the Along with the victims of 9/11, there were tacks, the Majority instead rushed this bill to
tremendous work they have done on thousands of rescue and recovery workers the floor in the waning hours of the 111th
this bill over the years from the very who came to the aid of our nation that day. Congress, refusing to allow an open debate or
start. I want to thank Congressman These brave women and men rushed to consider amendments.
Vito Fossella, who was also an original Ground Zero to help the fallen and to partici- The result is a deeply flawed bill. H.R. 847
cosponsor of this. I want to thank the pate in the clean-up effort without thinking creates yet another mandatory spending pro-
Speaker of the House, Ms. PELOSI, for about their health or safety. These workers gram—increasing spending by $4.2 billion dol-
doing so much to bring this bill for- were exposed to environmental hazards and lars over 10 years—and paying for it by an ex-
ward, and also the Republican leader, have developed significant respiratory ill- cise tax on foreign manufacturers, an exten-
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who this summer managed to have this nesses, chronic infections, and other medical sion of Travel Promotion Act fees, and the ex-
bill come up in a way that was not conditions. Further, many first responders are tension of HI–B visa fees.
going to be disruptive at all. only now being diagnosed with illnesses that There is no doubt that we owe a debt of
are related to their exposure at Ground Zero. gratitude to those who came to the rescue of
b 1620 This bill would create the World Trade Cen- countless individuals following the attacks on
I want to thank all the members of ter Health Program (WTCHP) that would pro- September 11, 2001, but these provisions dis-
the New York delegation. Most impor- vide medical monitoring and treatment benefits tort that noble goal. At a time when our budget
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H8964 CONGRESSIONAL RECORD — HOUSE December 22, 2010
deficit is $1.3 trillion and our national debt covery workers who were exposed to toxic Today, we must show the American people
stands at $13.8 trillion, we must accurately ac- dust following the collapse of the Twin Towers that their representatives can put away their
count for those programs that take priority. I in New York City on September 11, 2001. differences and work together to pass this bill.
remain hopeful that as the 112th Congress This victory is for what is right; a long over- Over the past few weeks, this clearly was not
convenes, my colleagues and I can work to- due thank you to those who rushed in to help the case. Some Members of Congress have
gether to reform some of my concerns with after what was one of our nation’s biggest played political games with this legislation, de-
this proposal and truly provide the services tragedies. After nine long years, these unsung laying its passage for dubious reasons and
these first responders deserve. heroes and their families no longer have to causing the measure to be watered down. The
Mrs. MCCARTHY of New York. Madam worry about how they are going to get the sick and injured don’t care about offsets and
Speaker, with the ninth anniversary of Sep- care and resources they so desperately need. they don’t care whether this is a $6 billion bill
tember 11th having passed, it is important to The Zadraga bill originally passed the or a $7 billion bill. They just care about getting
remember not only those who were lost that House in September, but had been held up in the medical care they need, the medical care
tragic day, but also the sense of purpose and the Senate due to various partisan concerns. they rightly deserve.
togetherness that shined in the aftermath of, It now goes to President Barack Obama, who So Madam Speaker, we are here for the
no doubt, one of the most difficult days in our is expected to sign the bill into law before the third and I hope final time on the floor of the
nation’s history. Heroic first responders de- end of the holiday season. House to consider doing the decent thing:
serve utmost recognition for selflessly digging This should have never been about the helping the living victims of 9/11 who continue
through the ruins of Lower Manhattan in hope money, but about what we should do to honor to suffer the terrible effects of that day. The
of finding survivors. The James Zadroga 9/11 those who thought of their country first and not Federal Government has not stepped up
Health and Compensation Act, a bill that I am themselves. They answered the call when enough to help the responders, volunteers,
proud to be an original cosponsor of, provides their country needed them and we are all a workers and residents that went to Ground
just that by extending and improving protec- better nation for it. Zero during and after the horrific 9/11 attack.
Thanks to the hard work of so many peo-
tions and services to individuals directly im- This Congress has not acted to help these vic-
ple—from legislators, like our Mayor Michael
pacted by the terrorist attacks on September tims on a permanent basis—we have the op-
Bloomberg, the New York Congressional Dele-
11, 2001. portunity to do that today. Tragically, some of
gation and House Leadership, to the NYS
Since our inception, we, as a nation, have the very people that we want to help with this
AFL–CIO President Dennis Hughes, the 32nd
grown stronger by protecting and honoring the legislation have already died. Thousands of
Fire Commissioner Salvatore Cassano and the
sacrifices of our citizenry. This legislation is Americans who responded need medical treat-
countless union officials and 911 families that
the embodiment of that mantra. As a New ment now. Thousands more will need treat-
traveled to Washington to lobby on the bill’s
Yorker, not a day passes without thought of behalf—these patriotic Americans can spend ment in the future.
the horrific attacks of September 11th, this So, Madam Speaker, I urge all my col-
the holiday seasons with some peace of mind.
legislation will no doubt go a long way to pro- What the law would do: Under an agree- leagues to support the 9/11 Health and Com-
vide first-responders with peace of mind. ment worked out by New York Senators pensation Act so that all the victims of 9/11
During House floor consideration and pas- CHARLES SCHUMER and KRISTEN GILLIBRAND, will receive the medical care and help they
sage of the James Zadroga 9/11 Health and the James Zadroga 9/11 Health and Com- need and deserve. Let’s pass this bill.
Compensation Act on Wednesday, I was un- pensation Act would: provide a total of $4.3 Mr. DAVIS of Illinois. Madam Speaker, I rise
avoidably absent from Washington due to a billion in funding for the health and compensa- today in full support of H.R. 847, the James
family health emergency. I have had the privi- tion titles of the bill; cap federal funding for the Zadroga 9/11 Health and Compensation Act.
lege of working closely with my New York col- health program over five years at $1.5 billion This bill will provide the needed assistance to
leagues in both the House and Senate on this (New York City will contribute 10% of the the brave men and women who have become
legislation, and I am extraordinarily happy that cost). Any funds not spent in the first five ill due to the dangerous toxins they inhaled
the Congress was able to pass this bill before years may be carried over and expended in while risking their lives to help out the city of
the adjournment of the 111th Congress. the sixth year of the program; reopen the Vic- New York during that tragic time in September
Mr. VAN HOLLEN. Madam Speaker, I rise tim Compensation Fund (VCF) for five years of 2001. This is a bipartisan bill and should be
in support of legislation that would help thou- to file claims, with payments to be made over supported by all Members of Congress.
sands of first responders who were exposed six years. Fund the VCF at $2.8 billion for six These heroes risked their lives to assist
to hazardous health conditions in the after- years, with $.8 billion available for payments in their fellow Americans and their efforts will
math of the September 11th attacks. the first five years and $2.0 billion available for never go unnoticed. This bill will allow health
Many first responders bravely answered the payment in year six. Claims will be paid in 2 benefits to a wide range of first responders
call of duty and rushed to the scene of the at- installments—one payment in the first five such as firefighters, construction workers, resi-
tacks. While they were helping out the victims, years, and a second payment in the sixth year dents, area workers and even school chil-
the responders unknowingly were exposed to of the program; the pay for the House-passed dren—all of whom have been affected by the
long-term physical and mental health problems version of the bill has been replaced by a 2 toxins that filled the air after the attack on the
due to the residual dust, toxins, and chemicals percent fee on government procurement from World Trade Center in 2001.
from the attacks. Congress and the federal foreign companies located in non-GPA coun- We all witnessed the terrible attacks on
government have an obligation and a respon- tries and a one-year extension of H–B 1 and America, September 11, 2001 and we also
sibility to care and help those who responded L–1 Visa fees for outsourcing companies. witnessed the acts of bravery by our first re-
to the September 11th attacks. These are estimated by CBO to collect $4.59 sponders. I support the passage of the 9/11
Madam Speaker, let us not forget the sac- billion over the 10-year scoring period for the Health and Compensation Act.
rifice and service of those brave individuals bill. Mr. LANGEVIN. Madam Speaker, I rise in
who responded to one of the worst attacks in Others changes made in the bill to address strong support of the James Zadroga 9/11
American history. I am pleased that my col- Republican concerns: requiring that the Cen- Health and Compensation Act. Every Amer-
leagues in the Senate were able to come to a ters of Excellence report claims data to HHS ican remembers the day the Twin Towers fell
bipartisan agreement on this bill. I urge my so that costs and utilization of services can be and the unparalleled heroism of the first re-
House colleagues to support this legislation so fully monitored; specifying the non-treatment sponders who saved countless lives without
that the thousands of 9/11 responders can get services furnished by Centers of Excellence to any regard for their own. They showed cour-
the help they need. be funded under the health program (e.g., out- age in the face of terror and strength in a path
Mr. RANGEL. Madam Speaker, I rise today, reach, social services, data collection, and de- of destruction. Too many of these brave men
nine years after the tragic events of Sep- velopment of treatment protocols); authorizing and women didn’t make it out of the wreckage
tember 11, to recognize the passage of a bill the World Trade Center Program Administrator in time. Those who did returned every day for
that will allow the first responders who rushed to designate the Veteran’s Administration as a months, sifting through rubble, recovering vic-
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to the scene that day to now be able to get provider for WTC health services; directing the tims and restoring order to Ground Zero with
the health care resources they need. Special Master to develop rules to implement little consideration for their own welfare or
Today, both the U.S. House of Representa- the VCF within 180 days of passage of the safety.
tives and the Senate approved an amended legislation. Tragically, many of these selfless workers
version, the James Zadroga 9/11 Health and Mr. ACKERMAN. Madam Speaker, I rise yet are now suffering chronic, disabling health
Compensation Act that would provide medical again in the strongest possible support of the conditions as a direct result of injuries or toxic
treatment for the ailing first responders and re- 9/11 Health and Compensation Act, H.R. 847. exposure sustained at the site. The bill before
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December 22, 2010 CONGRESSIONAL RECORD — HOUSE H8965
us creates a program to provide medical serv- ers who died or were sickened as a result of Skelton Titus Wasserman
Slaughter Tonko Schultz
ices and health monitoring for first responders their brave and selfless actions. Smith (NJ) Towns Watson
and others who have medical conditions re- Nearly all of us represent a responder, and Snyder Tsongas Watt
lated to the September 11 terrorist attacks. almost nine years later, have a duty to do Sutton Turner Waxman
Madam Speaker, I strongly urge my col- Teague Weiner
what is right—vote for this bill today. Thompson (CA)
leagues to support this measure and finally Mr. BURGESS. I yield back the bal- Thompson (MS) Wolf
show these heroes the same honor and re- ance of my time and urge support of Thompson (PA)
spect they showed us, our families, our friends the bill. Tierney Yarmuth
and our country. Mr. PALLONE. Madam Speaker, I NAYS—60
Mr. PASCRELL. Madam Speaker, I am would urge passage of this bill and send Akin Guthrie Olson
proud to say that we are finally doing the right it to the President. Alexander Hall (TX) Paulsen
thing to support our heroes from 9/11. The I yield back the balance of my time. Bachmann Hensarling Posey
agreement we have here today is much less The SPEAKER pro tempore. All time Bachus Herger Rehberg
Bartlett Hoekstra Rogers (KY)
than we originally hoped for—but more than for debate has expired. Bilirakis Inglis Royce
four and a half years after the death of NYPD Pursuant to the order of the House of Bishop (UT) Jenkins Scalise
Det. James Zadroga—I am here to say that today, the previous question is ordered. Boozman Jordan (OH) Schmidt
we need to pass the James Zadroga 9/11 Brady (TX) King (IA) Sessions
The question is on the motion by the Cantor Kingston Shuster
Health and Compensation Act right now be- gentleman from New Jersey (Mr. Cassidy LaTourette Smith (NE)
cause we are losing these brave souls as we PALLONE). Coffman (CO) Latta Stutzman
speak. The question was taken; and the Conaway Lewis (CA) Taylor
I’m sad to say its now been nine years Diaz-Balart, M. Lummis Terry
Speaker pro tempore announced that Ehlers Manzullo Tiahrt
since 9/11 and it has taken this long to pass the ayes appeared to have it. Fleming McClintock Upton
the James Zadroga 9/11 Health and Com- Mr. BURGESS. Madam Speaker, on Foxx McCotter Walden
pensation Act—nine years is too long to wait Franks (AZ) Mica Whitfield
that I demand the yeas and nays. Goodlatte Miller (FL) Wilson (SC)
and watch as our first responders from that The yeas and nays were ordered. Graves (GA) Myrick Wittman
day continue to suffer physically and emotion- The vote was taken by electronic de-
ally—nine years is late, BUT its not too late to vice, and there were—yeas 206, nays 60, NOT VOTING—168
do the right thing. We need to pass this bill not voting 168, as follows: Baca Fudge Moran (KS)
and we need to pass it now. Nine years ago Baird Gallegly Neal (MA)
[Roll No. 664] Barrett (SC) Garamendi Neugebauer
we gave those brave souls the ‘all clear’ sign, Barton (TX) Giffords Nunes
but we now know that we were exposing YEAS—206
Becerra Gingrey (GA) Oberstar
those men and women to a poisonous dust Ackerman Etheridge Matheson Berman Gohmert Ortiz
Aderholt Farr Matsui Berry Granger Pastor (AZ)
that would stay with them for the rest of their Adler (NJ) Fattah McCollum Biggert Graves (MO) Paul
lives. Altmire Fortenberry McDermott Blackburn Green, Gene Pence
I am proud to say that we found a way to Andrews Foster McGovern Blumenauer Griffith Perlmutter
pay for this bill so that we can do the right Arcuri Frank (MA) McMahon Boccieri Gutierrez Peterson
Austria Frelinghuysen McNerney Boehner Harman Petri
thing for our 9/11 workers AND for our chil- Baldwin Garrett (NJ) Meek (FL) Bonner Harper Pitts
dren who will bear the debt of the decisions Barrow Gerlach Meeks (NY) Bono Mack Hastings (WA) Poe (TX)
we make today. Bean Gonzalez Michaud Boustany Heller Pomeroy
Berkley Gordon (TN) Miller (NC)
Let me be clear, this isn’t just a bill for New Bilbray Grayson Miller, George
Boyd Herseth Sandlin Price (GA)
Brady (PA) Hill Putnam
York and New Jersey—this is a bill for all Bishop (GA) Green, Al Mollohan Braley (IA) Hinojosa Radanovich
Americans. We know that people from all 50 Bishop (NY) Grijalva Moore (WI) Bright Hodes Reyes
states were in lower Manhattan on or after 9/ Blunt Hall (NY) Moran (VA) Broun (GA) Honda Rodriguez
Boren Halvorson Murphy (CT) Brown (SC) Hunter Roe (TN)
11 and now are facing serious health con- Boswell Hare Murphy (NY) Brown-Waite, Issa Rogers (MI)
cerns—there are 435 Congressional Districts Boucher Hastings (FL) Murphy, Patrick Ginny Johnson (IL) Rohrabacher
and 431 of them are represented by the Brown, Corrine Heinrich Murphy, Tim Buchanan Johnson, E. B. Ros-Lehtinen
Burgess Higgins Nadler (NY)
names of constituents on the World Trade Butterfield Himes Napolitano
Burton (IN) Johnson, Sam Roskam
Buyer Jones Rush
Center Health Registry. Capito Hinchey Nye Calvert Kagen Ryan (WI)
After 9/11 we all said we would be there for Capps Hirono Obey Camp Kennedy Salazar
these brave first responders—but today if we Capuano Holden Olver Campbell Kilpatrick (MI) ´
Cardoza Holt Owens Cao Kilroy T.
vote against this bill we are asking those Carnahan Hoyer Pallone Carter Kirkpatrick (AZ) Sanchez, Loretta
same brave individuals to come to Wash- Carney Inslee Pascrell Childers Kline (MN) Schock
ington, year after year to fight for their health Carson (IN) Israel Payne Chu Lamborn Schrader
benefits—do we expect them to come here Castle Jackson (IL) Pelosi Clay Latham Sensenbrenner
Castor (FL) Jackson Lee Perriello Coble Lee (CA) Shadegg
ten years from now? By then it may be too Chaffetz (TX) Peters Cohen Linder Shimkus
late for many of these men and women who Chandler Johnson (GA) Pingree (ME) Cooper Lipinski Shuler
responded to their nation’s call of duty. Clarke Kanjorski Platts Costello Lofgren, Zoe Simpson
Cleaver Kaptur Polis (CO) Crenshaw Lucas Smith (TX)
I urge all my colleagues to support the Clyburn Kildee Price (NC) Cuellar Luetkemeyer Smith (WA)
James Zadroga 9/11 Health and Compensa- Cole Kind Quigley Culberson Mack Space
tion Act—once and for all let us stand up for Connolly (VA) King (NY) Rahall Davis (AL) Marchant Speier
these brave Americans. Conyers Kissell Rangel Davis (IL) Markey (CO) Spratt
Costa Klein (FL) Reed Davis (KY) McCarthy (CA) Stark
Mrs. LOWEY. Madam Speaker, today the Courtney Kosmas Reichert Davis (TN) McCarthy (NY) Stearns
House will consider the James Zadroga 9/11 Critz Kratovil Richardson DeFazio McCaul Stupak
Health and Compensation Act. Crowley Kucinich Rogers (AL) Delahunt McHenry Sullivan
More than 70,000 Americans from every Cummings Lance Rooney Deutch McIntyre Tanner
Dahlkemper Langevin Ross Diaz-Balart, L. McKeon Thornberry
state descended upon ground zero to help re- Davis (CA) Larsen (WA) Rothman (NJ) Djou McMorris Tiberi
cover and rebuild after 9/11. Some have died DeGette Larson (CT) Roybal-Allard Doggett Rodgers Wamp
from illnesses as a result and more than DeLauro Lee (NY) Ruppersberger Duncan Melancon Waters
Dent Levin Ryan (OH) Ellsworth Miller (MI) Welch
17,000 who are ill lack the care they need. Dicks Lewis (GA) Sarbanes Fallin Miller, Gary Westmoreland
Just as we provide medical care for our Dingell LoBiondo Schakowsky Filner Minnick Wu
troops, we must care for those who heroically Donnelly (IN) Loebsack Schauer Flake Mitchell Young (AK)
tjames on DSKG8SOYB1PROD with HOUSE
responded. Doyle Lowey Schiff Forbes Moore (KS) Young (FL)
Passage of the James Zadroga 9/11 Health Driehaus Lungren, Daniel Scott (GA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
and Compensation Act is a milestone for our Edwards (MD) E. Scott (VA)
nation, as we finally fulfill our obligation to Edwards (TX) Lynch Serrano The SPEAKER pro tempore (during
those who sacrificed so much for us. Our na- Ellison Maffei Sestak the vote). The Chair will remind all
Emerson Maloney Shea-Porter
tion owes a debt of gratitude that can never Engel Markey (MA) Sherman persons in the gallery that they are
be fully repaid to the September 11 respond- Eshoo Marshall Sires here as guests of the House and that
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H8966 CONGRESSIONAL RECORD — HOUSE December 22, 2010
any manifestation of approval or dis- Senate amendment to H.R. 847, the James (1) TECHNICAL AND CONFORMING AMEND-
approval of proceedings is in violation Zadroga 9/11 Health and Compensation Act. MENTS.—Title 5, United States Code, is
of the rules of the House. Stated against: amended in subsections (a)(3), (b)(4)(A), and
(b)(4)(B)(i) of section 1214, in subsections (a),
b 1736 Mrs. BIGGERT. Madam Speaker, on rollcall
(e)(1), and (i) of section 1221, and in sub-
No. 664 I was absent. Had I been present, I section (a)(2)(C)(i) of section 2302, by insert-
Mr. TERRY and BACHUS changed would have voted ‘‘no.’’ ing ‘‘or section 2302(b)(9) (A)(i), (B), (C), or
their vote from ‘‘yea’’ to ‘‘nay.’’ Mr. DAVIS of Kentucky. Madam Speaker, (D)’’ after ‘‘section 2302(b)(8)’’ or ‘‘(b)(8)’’
So the motion was agreed to. on Wednesday, December 22, 2010, I was ab- each place it appears.
The result of the vote was announced (2) OTHER REFERENCES.—(A) Title 5, United
sent for one vote. Had I been present I would
as above recorded. States Code, is amended in subsection
A motion to reconsider was laid on have voted on rollcall No. 664—‘‘no’’—Motion
to concur in the Senate amendment to H.R. (b)(4)(B)(i) of section 1214 and in subsection
the table. (e)(1) of section 1221, by inserting ‘‘or pro-
Stated for: 847, James Zadroga 9/11 Health and Com- tected activity’’ after ‘‘disclosure’’ each
Mr. BACA. Madam Speaker, I was absent pensation Act. place it appears.
on Wednesday, December 22, 2010. I had f (B) Section 2302(b)(9) of title 5, United
legislative business in the district. Had I been States Code, is amended—
PERSONAL EXPLANATION (i) by striking subparagraph (A)and insert-
present, I would have voted in support of the
Mr. JOHNSON of Illinois. Madam Speaker, ing the following:
Motion to Concur in the Senate Amendment to ‘‘(A) the exercise of any appeal, complaint,
H.R. 847—James Zadroga 9/11 Health and unfortunately I was not able to be in Wash-
ington, DC today to vote on the motion to con- or grievance right granted by any law, rule,
Compensation Act. or regulation—
Ms. CHU. Madam Speaker, I was absent on cur in the Senate Amendment to H.R. 847. ‘‘(i) with regard to remedying a violation
December 22, 2010. Had I been present, I Had I been in Washington for this vote, I of paragraph (8); or
would have voted ‘‘yes’’ on H.R. 847—James would have voted ‘‘present.’’ ‘‘(ii) with regard to remedying a violation
Zadroga 9/11 Health and Compensation Act. f of any other law, rule, or regulation;’’; and
Mr. BRALEY of Iowa. Madam Speaker, I re- (ii) in subparagraph (B), by inserting ‘‘(i)
WHISTLEBLOWER PROTECTION or (ii)’’ after ‘‘subparagraph (A)’’.
gret missing floor votes on today, December
ENHANCEMENT ACT OF 2010 (C) Section 2302 of title 5, United States
22, 2010 due to travel. If I was present, I
Code, is amended by adding at the end the
would have voted: ‘‘yea’’ on rollcall 664, mo- Mr. VAN HOLLEN. Madam Speaker,
tion to concur in the Senate Amendment to I ask unanimous consent to take from
the Speaker’s table the bill (S. 372) to ‘‘(f)(1) A disclosure shall not be excluded
H.R. 847—James Zadroga 9/11 Health and
amend chapter 23 of title 5, United from subsection (b)(8) because—
Compensation Act. ‘‘(A) the disclosure was made to a person,
Ms. LEE of California. Madam Speaker, States Code, to clarify the disclosures including a supervisor, who participated in
today I missed rollcall vote 664 on H.R. 847. of information protected from prohib- an activity that the employee or applicant
Had I been present I would have voted ‘‘aye.’’ ited personnel practices, require a reasonably believed to be covered by sub-
Ms. HERSETH SANDLIN. Madam Speaker, statement in nondisclosure policies, section (b)(8)(A)(ii);
I regret that I was unable to participate in one forms, and agreements that such poli- ‘‘(B) the disclosure revealed information
vote on the floor of the House of Representa- cies, forms, and agreements conform that had been previously disclosed;
tives today. with certain disclosure protections, ‘‘(C) of the employee’s or applicant’s mo-
The vote was the Motion to Concur in the provide certain authority for the Spe- tive for making the disclosure;
‘‘(D) the disclosure was not made in writ-
Senate Amendment to H.R. 847—James cial Counsel, and for other purposes, ing;
Zadroga 9/11 Health and Compensation Act. and ask for its immediate consider- ‘‘(E) the disclosure was made while the em-
Had I been present, I would have voted ‘‘yea’’ ation in the House. ployee was off duty; or
on that question. The Clerk read the title of the bill. ‘‘(F) of the amount of time which has
Mr. GUTIERREZ. Madam Speaker, I was The SPEAKER pro tempore. Is there passed since the occurrence of the events de-
unavoidably absent for votes in the House objection to the request of the gen- scribed in the disclosure.
Chamber today. I would like the record to tleman from Maryland? ‘‘(2) If a disclosure is made during the nor-
show that, had I been present, I would have There was no objection. mal course of duties of an employee, the dis-
voted ‘‘yea’’ on rollcall vote 664. The text of the bill is as follows: closure shall not be excluded from sub-
Ms. LINDA T. SANCHEZ of California. section (b)(8) if any employee who has au-
Madam Speaker, unfortunately, I was unable Be it enacted by the Senate and House of Rep-
thority to take, direct others to take, rec-
to be present in the Capitol for votes on today, ommend, or approve any personnel action
resentatives of the United States of America in
December 22, 2010. However, had I been Congress assembled, with respect to the employee making the dis-
present, I would have voted as follows: ‘‘yea’’ closure, took, failed to take, or threatened
SECTION 1. SHORT TITLE.
on H.R. 847—the James Zadroga 9/11 Health to take or fail to take a personnel action
This Act may be cited as the ‘‘Whistle- with respect to that employee in reprisal for
and Compensation Act. blower Protection Enhancement Act of the disclosure.’’.
Mr. FILNER. Madam Speaker, on rollcall 2010’’.
664, I was away from the Capitol. Had I been TITLE I—PROTECTION OF CERTAIN DIS- SEC. 102. DEFINITIONAL AMENDMENTS.
present, I would have voted ‘‘yea.’’ CLOSURES OF INFORMATION BY FED- Section 2302(a)(2) of title 5, United States
Mrs. MILLER of Michigan. Madam Speaker, ERAL EMPLOYEES Code, is amended—
on rollcall No. 664, had I been present, I SEC. 101. CLARIFICATION OF DISCLOSURES COV- (1) in subparagraph (B)(ii), by striking
would have voted ‘‘yes.’’ ERED. ‘‘and’’ at the end;
Mr. BECERRA. Madam Speaker, on (a) IN GENERAL.—Section 2302(b)(8) of title (2) in subparagraph (C)(iii), by striking the
Wednesday, December 22, 2010, I missed 5, United States Code, is amended— period at the end and inserting ‘‘; and’’; and
rollcall No. 664. If present, I would have voted (1) in subparagraph (A)(i)— (3) by adding at the end the following:
(A) by striking ‘‘a violation’’ and inserting ‘‘(D) ‘disclosure’ means a formal or infor-
‘‘any violation’’; and mal communication or transmission, but
Ms. EDDIE BERNICE JOHNSON of Texas. (B) by adding ‘‘except for an alleged viola- does not include a communication con-
Madam Speaker, on Wednesday, December tion that is a minor, inadvertent violation, cerning policy decisions that lawfully exer-
22, 2010, I requested and received a leave of and occurs during the conscientious carrying cise discretionary authority unless the em-
absence for the rest of the week. out of official duties,’’ after ‘‘regulation,’’; ployee or applicant providing the disclosure
Below is how I would have voted on the fol- and reasonably believes that the disclosure evi-
lowing vote I missed during this time period. (2) in subparagraph (B)(i)— dences—
On rollcall 664, H.R. 847, to amend the (A) by striking ‘‘a violation’’ and inserting ‘‘(i) any violation of any law, rule, or regu-
‘‘any violation (other than a violation of this lation, except for an alleged violation that is
tjames on DSKG8SOYB1PROD with HOUSE
Public Health Service Act to extend and im-
prove protections and services to individuals section)’’; and a minor, inadvertent violation, and occurs
(B) by adding ‘‘except for an alleged viola- during the conscientious carrying out of offi-
directly impacted by the terrorist attack in New tion that is a minor, inadvertent violation, cial duties; or
York City on September 11, 2001, I would and occurs during the conscientious carrying ‘‘(ii) gross mismanagement, a gross waste
have voted ‘‘yes.’’ out of official duties,’’ after regulation,’’. of funds, an abuse of authority, or a substan-
Mr. GENE GREEN of Texas. Madam (b) PROHIBITED PERSONNEL PRACTICES tial and specific danger to public health or
Speaker, I would have voted ‘‘aye’’ on the UNDER SECTION 2302(b)(9).— safety.’’.
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