Docstoc

CONGRESSIONAL RECORD—HOUSE H8947

Document Sample
CONGRESSIONAL RECORD—HOUSE H8947 Powered By Docstoc
					                                            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.
                                                                                                    motion.
                                            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-
                                                                                                                                                                            ‘‘Subtitle D—Funding
                                            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-
                                                                                                                                                                             gram Fund.
                                            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
                                                            f
                                                                                                          ‘‘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
tjames on DSKG8SOYB1PROD with HOUSE




                                              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.




                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00005   Fmt 4634   Sfmt 6333   E:\CR\FM\A22DE7.011    H22DEPT1
                                            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
                                            ADMINISTRATIVE COSTS.—
                                              ‘‘(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
tjames on DSKG8SOYB1PROD with HOUSE




                                              ‘‘(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).




                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00006   Fmt 4634   Sfmt 6333   E:\CR\FM\A22DE7.018   H22DEPT1
                                            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
tjames on DSKG8SOYB1PROD with HOUSE




                                                                                                                                                              ‘‘(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.




                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00007   Fmt 4634   Sfmt 6333   E:\CR\FM\A22DE7.018   H22DEPT1
                                            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
                                            and (b)(1)(B)(iii).
                                                                                                    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.—
                                                                                                    ment).
                                            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
                                                                                                    section 3311(a).
                                              ‘‘(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
tjames on DSKG8SOYB1PROD with HOUSE




                                                                                                                                                           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




                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00008   Fmt 4634   Sfmt 6333   E:\CR\FM\A22DE7.018   H22DEPT1
                                            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-
tjames on DSKG8SOYB1PROD with HOUSE




                                                                                                                                                           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).




                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00009   Fmt 4634   Sfmt 6333   E:\CR\FM\A22DE7.018   H22DEPT1
                                            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
tjames on DSKG8SOYB1PROD with HOUSE




                                               ‘‘(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.




                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00010   Fmt 4634   Sfmt 6333   E:\CR\FM\A22DE7.019   H22DEPT1
                                            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
                                                                                                                                                            section 3305(a)(2)(A)(ii);
                                            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-
                                                                                                                                                            VA.—
                                            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-
tjames on DSKG8SOYB1PROD with HOUSE




                                            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,




                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00011   Fmt 4634   Sfmt 6333   E:\CR\FM\A22DE7.019      H22DEPT1
                                            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.
                                            31, 2002.
                                                                                                       ‘‘(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.
                                                                                                       ‘‘(ii) TIMING.—
                                            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
tjames on DSKG8SOYB1PROD with HOUSE




                                            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




                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00012   Fmt 4634   Sfmt 6333   E:\CR\FM\A22DE7.019   H22DEPT1
                                            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-
                                            Fund.
                                                                                                    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,
                                                                                                    lowing:
                                            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
                                                                                                                                                                     3341.
                                            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
tjames on DSKG8SOYB1PROD with HOUSE




                                                                                                    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




                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00013   Fmt 4634   Sfmt 6333   E:\CR\FM\A22DE7.020     H22DEPT1
                                            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
                                                                                                                                                            vious year.’’.
                                            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
tjames on DSKG8SOYB1PROD with HOUSE




                                            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;




                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00014   Fmt 4634   Sfmt 6333   E:\CR\FM\A22DE7.020   H22DEPT1
                                            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
                                                                                                    crash site’’.
                                            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
                                            ‘‘crashes’’.
                                                                                                      (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
tjames on DSKG8SOYB1PROD with HOUSE




                                                                                                    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




                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00015   Fmt 4634   Sfmt 6333    E:\CR\FM\A22DE7.020   H22DEPT1
                                            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
                                                                                                                                                           Fund.
                                            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
                                            settlement.
                                                                                                    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-
tjames on DSKG8SOYB1PROD with HOUSE




                                                                                                    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.



                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00016   Fmt 4634   Sfmt 0634   E:\CR\FM\A22DE7.020   H22DEPT1
                                            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
                                                                                                    this legislation.
                                              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
tjames on DSKG8SOYB1PROD with HOUSE




                                              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



                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00017   Fmt 4634   Sfmt 0634   E:\CR\FM\K22DE7.014   H22DEPT1
                                            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
                                                                                                                                                                 (AEM);
                                              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
                                                                                                    Washington, DC.
                                            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
                                                                                                    Washington, DC.
                                            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-
tjames on DSKG8SOYB1PROD with HOUSE




                                            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



                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00018   Fmt 4634   Sfmt 0634   E:\CR\FM\K22DE7.016   H22DEPT1
                                            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.
tjames on DSKG8SOYB1PROD with HOUSE




                                              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



                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00019   Fmt 4634   Sfmt 9920   E:\CR\FM\K22DE7.017   H22DEPT1
                                            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
tjames on DSKG8SOYB1PROD with HOUSE




                                              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



                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00020   Fmt 4634   Sfmt 9920   E:\CR\FM\A22DE7.016   H22DEPT1
                                            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-
tjames on DSKG8SOYB1PROD with HOUSE




                                            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



                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00021   Fmt 4634   Sfmt 9920   E:\CR\FM\A22DE7.024   H22DEPT1
                                            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-
tjames on DSKG8SOYB1PROD with HOUSE




                                            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



                                      VerDate Mar 15 2010   02:30 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00022   Fmt 4634   Sfmt 9920   E:\CR\FM\A22DE7.030   H22DEPT1
                                            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)
                                                                                                                                                                                 Van Hollen
                                                                                                                                                                                                    Wilson (OH)
                                                                                                                                                                                    ´
                                                                                                                                                                                 Velazquez
                                            leagues to support this measure and finally               Mr. BURGESS. I yield back the bal-                      Thompson (MS)                         Wolf
                                                                                                                                                                                 Visclosky
                                            show these heroes the same honor and re-                ance of my time and urge support of                       Thompson (PA)
                                                                                                                                                                                 Walz
                                                                                                                                                                                                    Woolsey
                                            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)     ´
                                                                                                                                                                                                    Sanchez, Linda
                                                                                                    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)
                                                                                                    Dreier                ´
                                                                                                                      Lujan                 Schwartz
                                               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



                                      VerDate Mar 15 2010   04:42 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00023   Fmt 4634   Sfmt 0634    E:\CR\FM\A22DE7.027    H22DEPT1
                                            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,
                                                                                                                                                           following:
                                            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-
                                                                                                                         S. 372
                                            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-
                                            ‘‘yea.’’
                                                                                                    ‘‘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.’’.




                                      VerDate Mar 15 2010   04:42 Dec 23, 2010   Jkt 099060   PO 00000   Frm 00024   Fmt 4634   Sfmt 0634   E:\CR\FM\K22DE7.028    H22DEPT1

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:13
posted:7/30/2011
language:English
pages:20