[House Report 111-648]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-648
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 847) TO AMEND THE PUBLIC
HEALTH SERVICE ACT TO EXTEND AND IMPROVE PROTECTIONS AND SERVICES TO
INDIVIDUALS DIRECTLY IMPACTED BY THE TERRORIST ATTACK IN NEW YORK CITY
ON SEPTEMBER 11, 2001, AND FOR OTHER PURPOSES; PROVIDING FOR
CONSIDERATION OF THE BILL (H.R. 2378) TO AMEND TITLE VII OF THE TARIFF
ACT OF 1930 TO CLARIFY THAT FUNDAMENTAL EXCHANGE-RATE MISALIGNMENT BY
ANY FOREIGN NATION IS ACTIONABLE UNDER UNITED STATES COUNTERVAILING AND
ANTIDUMPING DUTY LAWS, AND FOR OTHER PURPOSES; AND PROVIDING FOR
CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 2701) TO
AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 2010 FOR INTELLIGENCE AND
INTELLIGENCE-RELATED ACTIVITIES OF THE UNITED STATES GOVERNMENT, THE
COMMUNITY MANAGEMENT ACCOUNT, AND THE CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM, AND FOR OTHER PURPOSES
_______
September 29, 2010.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Arcuri, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1674]
The Committee on Rules, having had under consideration
House Resolution 1674, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution grants a single rule for consideration of
(1) H.R. 847, the ``James Zadroga 9/11 Health and Compensation
Act of 2010, (2) H.R. 2378, the ``Currency Reform for Fair
Trade Act,'' and (3) the Senate amendment to H.R. 2701, the
``Intelligence Authorization Act of 2010.''
With respect to H.R. 847, the resolution grants a closed
rule providing one hour of debate in the House, with 30 minutes
equally divided and controlled by the chair and ranking
minority member of the Committee on Energy and Commerce, 20
minutes equally divided and controlled by the chair and ranking
minority member of the Committee on the Judiciary, and 10
minutes equally divided and controlled by the chair and ranking
minority member of the Committee on Ways and Means.
The resolution waives all points of order against
consideration of H.R. 847 except those arising under clause 9
or 10 of rule XXI. In lieu of the amendments recommended by the
Committee on Energy and Commerce and the Committee on the
Judiciary, the amendment in the nature of a substitute printed
in this report shall be considered as adopted. The rule
provides that the bill, as amended, shall be considered as
read. The rule waives all points of order against the bill, as
amended. Finally, the rule provides one motion to recommit H.R.
847 with or without instructions.
With respect to H.R. 2378, the resolution grants a closed
rule providing one hour of debate in the House equally divided
and controlled by the chair and ranking minority member of the
Committee on Ways and Means. The rule waives all points of
order against consideration of the bill except for clauses 9
and 10 of Rule XXI. The amendment in the nature of a substitute
recommended by the Committee on Ways and Means shall be
considered as adopted and the bill, as amended, shall be
considered as read. The rule waives all points of order against
provisions of the bill, as amended. The rule provides one
motion to recommit with or without instructions.
With respect to the Senate amendment to H.R. 2701, the rule
makes in order a motion offered by the chair of the Permanent
Select Committee on Intelligence or his designee that the House
concur in the Senate amendment. All points of order against the
motion are waived except those arising under clause 10 of rule
XXI. The motion is debatable for one hour equally divided and
controlled by the chair and ranking minority member of the
Intelligence Committee. The rule provides that the Senate
amendment and the motion shall be considered as read.
EXPLANATION OF WAIVERS
With respect to H.R. 847, the waiver of all points of order
against consideration of the bill (except those arising under
clause 9 or 10 of rule XXI) includes a waiver of section 303 of
the Congressional Budget Act (breach of committee spending
allocation). The waiver of all points of order against the bill
includes a waiver of clause 7 of rule XVI (germaneness) and
clause 5 of rule XXI (inclusion of provisions on tax not
reported by the Committee on Ways and Means).
With respect to H.R. 2378, the waiver of all points of
order against consideration of the bill (except those arising
under clause 9 or 10 of rule XXI) includes a waiver of clause
4(a) of rule XIII (regarding availability of committee report).
Although the resolution waives all points of order against the
bill, as amended, the Committee is not aware of any points of
order. The waiver of all points of order is prophylactic.
With respect to the Senate amendment to H.R. 2701, the
Committee is not aware of any points of order. The waiver of
all points of order is prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 497
Date: September 29, 2010.
Measure: H.R. 847.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for a substitute amendment offered by the Minority
Leader or his designee to H.R. 2378, the ``Currency Reform for
Fair Trade Act.''
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Arcuri--Nay; Pingree--Nay; Polis--Nay; Dreier--
Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 498
Date: September 29, 2010.
Measure: H.R. 847.
Motion by: Mr. Dreier.
Summary of motion: To make in order a motion offered by
Rep. Hoekstra (MI) to disagree in the Senate amendment to H.R.
2701, the ``Intelligence Authorization Act of 2010,'' and
request a conference thereon.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Arcuri--Nay; Pingree--Nay; Polis--Nay; Dreier--
Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 499
Date: September 29, 2010.
Measure: H.R. 847.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment in the nature of a substitute by Rep.
Reichert (WA) and Rep. Poe (TX), #5, which would: (1) strike
the tax increase used as a pay-for that had been rejected first
in H.R. 3962 and then in H.R. 4849, and was added to H.R. 847
prior to consideration of the bill by the House; (2) replace it
with the $1.6 billion remaining money not used for the census,
plus the $4.99 billion in rescissions that were contained in
the House-adopted amendment to H.R. 4899, but were not included
in the Senate amendment to H.R. 1586; (3) include the language
from the PQ to H.R. 4785--Requiring the Collection of Unpaid
Taxes from Federal Employees.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Arcuri--Nay; Pingree--Nay; Polis--Nay; Dreier--
Yea; Foxx--Yea; Slaughter--Nay.
SUMMARY OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 847 TO
BE CONSIDERED AS ADOPTED
The amendment in the nature of a substitute provides $7.4
billion in funding for health claims resulting from the
September 11 terrorist attacks. It amends the Public Health
Service Act to establish the World Trade Center Health Program
(WTC Program) within the National Institute for Occupational
Safety and Health to provide (1) medical monitoring and
treatment benefits to eligible emergency responders and
recovery and cleanup workers (including those who are federal
employees) who responded to the September 11, 2001, terrorist
attacks; and (2) initial health evaluation, monitoring, and
treatment benefits to residents and other building occupants
and area workers in New York City who were directly impacted
and adversely affected by such attacks. It amends the Air
Transportation Safety and System Stabilization Act to: (1) make
individuals eligible for compensation under the September 11
Victim Compensation Fund of 2001 for harm as a result of debris
removal; (2) extend the deadline for making a claim for
compensation for physical harm not discovered before the
deadline; (3) cap liability for claims related to debris
removal based on the level of insurance available; (4) limit
the total payment for compensation for claims filed on or after
the regulations are updated pursuant to this Act; and (5) cap
the amount that an individual may charge in connection with a
claim under such Act, with exceptions. Finally, it amends tax
provisions that in some cases allow a U.S. subsidiary of a
foreign corporation to avoid U.S. withholding tax on payments
to a related subsidiary in a country that has a tax treaty with
the United States and changes the timing of estimated corporate
tax payments.
TEXT OF THE SUBSTITUTE AMENDMENT TO H.R. 847 TO BE CONSIDERED AS
ADOPTED
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``James
Zadroga 9/11 Health and Compensation Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is
as follows:
Sec. 1. Short title; table of contents.
TITLE I--WORLD TRADE CENTER HEALTH PROGRAM
Sec. 101. World Trade Center Health Program.
``TITLE XXXIII--WORLD TRADE CENTER HEALTH PROGRAM
``Subtitle A--Establishment of Program; Advisory Committee
``Sec. 3301. Establishment of World Trade Center Health Program.
``Sec. 3302. WTC Health Program Scientific/Technical Advisory
Committee; WTC Health Program Steering Committees.
``Sec. 3303. Education and outreach.
``Sec. 3304. Uniform data collection and analysis.
``Sec. 3305. Clinical Centers of Excellence and Data Centers.
``Sec. 3306. Definitions.
``Subtitle B--Program of Monitoring, Initial Health Evaluations, and
Treatment
``Part 1--WTC Responders
``Sec. 3311. Identification of WTC responders and provision of WTC-
related monitoring services.
``Sec. 3312. Treatment of enrolled WTC responders for WTC-related
health conditions.
``Sec. 3313. National arrangement for benefits for eligible
individuals outside New York.
``Part 2--WTC Survivors
``Sec. 3321. Identification and initial health evaluation of
screening-eligible and certified-eligible WTC survivors.
``Sec. 3322. Followup monitoring and treatment of certified-eligible
WTC survivors for WTC-related health conditions.
``Sec. 3323. Followup monitoring and treatment of other individuals
with WTC-related health conditions.
``Part 3--Payor Provisions
``Sec. 3331. Payment of claims.
``Sec. 3332. Administrative arrangement authority.
``Subtitle C--Research Into Conditions
``Sec. 3341. Research regarding certain health conditions related to
September 11 terrorist attacks.
``Sec. 3342. World Trade Center Health Registry.
``Subtitle D--Funding
``Sec. 3351. World Trade Center Health Program Fund.
TITLE II--SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001
Sec. 201. Definitions.
Sec. 202. Extended and expanded eligibility for compensation.
Sec. 203. Requirement to update regulations.
Sec. 204. Limited liability for certain claims.
Sec. 205. Funding; attorney fees.
TITLE III--LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE
PAYMENTS; TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES
Sec. 301. Limitation on treaty benefits for certain deductible payments.
Sec. 302. Time for payment of corporate estimated taxes.
TITLE IV--BUDGETARY EFFECTS
Sec. 401. Compliance with Statutory Pay-As-You-Go Act of 2010.
TITLE I--WORLD TRADE CENTER HEALTH PROGRAM
SEC. 101. WORLD TRADE CENTER HEALTH PROGRAM.
The Public Health Service Act is amended by adding at the end
the following new title:
``TITLE XXXIII--WORLD TRADE CENTER HEALTH PROGRAM
``Subtitle A--Establishment of Program; Advisory Committee
``SEC. 3301. ESTABLISHMENT OF WORLD TRADE CENTER HEALTH PROGRAM.
``(a) In General.--There is hereby established within the
Department of Health and Human Services a program to be known
as the World Trade Center Health Program, which shall be
administered by the WTC Program Administrator, to provide
beginning on July 1, 2011--
``(1) medical monitoring and treatment benefits to
eligible emergency responders and recovery and cleanup
workers (including those who are Federal employees) who
responded to the September 11, 2001, terrorist attacks;
and
``(2) initial health evaluation, monitoring, and
treatment benefits to residents and other building
occupants and area workers in New York City who were
directly impacted and adversely affected by such
attacks.
``(b) Components of Program.--The WTC Program includes the
following components:
``(1) Medical monitoring for responders.--Medical
monitoring under section 3311, including clinical
examinations and long-term health monitoring and
analysis for enrolled WTC responders who were likely to
have been exposed to airborne toxins that were
released, or to other hazards, as a result of the
September 11, 2001, terrorist attacks.
``(2) Initial health evaluation for survivors.--An
initial health evaluation under section 3321, including
an evaluation to determine eligibility for followup
monitoring and treatment.
``(3) Followup monitoring and treatment for wtc-
related health conditions for responders and
survivors.--Provision under sections 3312, 3322, and
3323 of followup monitoring and treatment and payment,
subject to the provisions of subsection (d), for all
medically necessary health and mental health care
expenses of an individual with respect to a WTC-related
health condition (including necessary prescription
drugs).
``(4) Outreach.--Establishment under section 3303 of
an education and outreach program to potentially
eligible individuals concerning the benefits under this
title.
``(5) Clinical data collection and analysis.--
Collection and analysis under section 3304 of health
and mental health data relating to individuals
receiving monitoring or treatment benefits in a uniform
manner in collaboration with the collection of
epidemiological data under section 3342.
``(6) Research on health conditions.--Establishment
under subtitle C of a research program on health
conditions resulting from the September 11, 2001,
terrorist attacks.
``(c) No Cost Sharing.--Monitoring and treatment benefits and
initial health evaluation benefits are provided under subtitle
B without any deductibles, copayments, or other cost sharing to
an enrolled WTC responder or certified-eligible WTC survivor.
Initial health evaluation benefits are provided under subtitle
B without any deductibles, copayments, or other cost sharing to
a screening-eligible WTC survivor.
``(d) Preventing Fraud and Unreasonable Administrative
Costs.--
``(1) Fraud.--The Inspector General of the Department
of Health and Human Services shall develop and
implement a program to review the WTC Program's health
care expenditures to detect fraudulent or duplicate
billing and payment for inappropriate services. This
title is a Federal health care program (as defined in
section 1128B(f) of the Social Security Act) and is a
health plan (as defined in section 1128C(c) of such
Act) for purposes of applying sections 1128 through
1128E of such Act.
``(2) Unreasonable administrative costs.--The
Inspector General of the Department of Health and Human
Services shall develop and implement a program to
review the WTC Program for unreasonable administrative
costs, including with respect to infrastructure,
administration, and claims processing.
``(e) Quality Assurance.--The WTC Program Administrator
working with the Clinical Centers of Excellence shall develop
and implement a quality assurance program for the monitoring
and treatment delivered by such Centers of Excellence and any
other participating health care providers. Such program shall
include--
``(1) adherence to monitoring and treatment
protocols;
``(2) appropriate diagnostic and treatment referrals
for participants;
``(3) prompt communication of test results to
participants; and
``(4) such other elements as the Administrator
specifies in consultation with the Clinical Centers of
Excellence.
``(f) Annual Program Report.--
``(1) In general.--Not later than 6 months after the
end of each fiscal year in which the WTC Program is in
operation, the WTC Program Administrator shall submit
an annual report to the Congress on the operations of
this title for such fiscal year and for the entire
period of operation of the program.
``(2) Contents included in report.--Each annual
report under paragraph (1) shall include at least the
following:
``(A) Eligible individuals.--Information for
each clinical program described in paragraph
(3)--
``(i) on the number of individuals
who applied for certification under
subtitle B and the number of such
individuals who were so certified;
``(ii) of the individuals who were
certified, on the number who received
monitoring under the program and the
number of such individuals who received
medical treatment under the program;
``(iii) with respect to individuals
so certified who received such
treatment, on the WTC-related health
conditions for which they were treated;
and
``(iv) on the projected number of
individuals who will be certified under
subtitle B in the succeeding fiscal
year and the succeeding 10-year period.
``(B) Monitoring, initial health evaluation,
and treatment costs.--For each clinical program
so described--
``(i) information on the costs of
monitoring and initial health
evaluation and the costs of treatment
and on the estimated costs of such
monitoring, evaluation, and treatment
in the succeeding fiscal year; and
``(ii) an estimate of the cost of
medical treatment for WTC-related
health conditions that have been paid
for or reimbursed by workers'
compensation, by public or private
health plans, or by New York City under
section 3331.
``(C) Administrative costs.--Information on
the cost of administering the program,
including costs of program support, data
collection and analysis, and research conducted
under the program.
``(D) Administrative experience.--Information
on the administrative performance of the
program, including--
``(i) the performance of the program
in providing timely evaluation of and
treatment to eligible individuals; and
``(ii) a list of the Clinical Centers
of Excellence and other providers that
are participating in the program.
``(E) Scientific reports.--A summary of the
findings of any new scientific reports or
studies on the health effects associated with
exposure described in section 3306(1),
including the findings of research conducted
under section 3341(a).
``(F) Advisory committee recommendations.--A
list of recommendations by the WTC Scientific/
Technical Advisory Committee on additional WTC
Program eligibility criteria and on additional
WTC-related health conditions and the action of
the WTC Program Administrator concerning each
such recommendation.
``(3) Separate clinical programs described.--In
paragraph (2), each of the following shall be treated
as a separate clinical program of the WTC Program:
``(A) Firefighters and related personnel.--
The benefits provided for enrolled WTC
responders described in section 3311(a)(2)(A).
``(B) Other wtc responders.--The benefits
provided for enrolled WTC responders not
described in subparagraph (A).
``(C) WTC survivors.--The benefits provided
for screening-eligible WTC survivors and
certified-eligible WTC survivors in section
3321(a).
``(g) Notification to Congress Upon Reaching 80 Percent of
Eligibility Numerical Limits.--The Secretary shall promptly
notify the Congress of each of the following:
``(1) When the number of enrollments of WTC
responders subject to the limit established under
section 3311(a)(4) has reached 80 percent of such
limit.
``(2) When the number of certifications for
certified-eligible WTC survivors subject to the limit
established under section 3321(a)(3) has reached 80
percent of such limit.
``(h) Consultation.--The WTC Program Administrator shall
engage in ongoing outreach and consultation with relevant
stakeholders, including the WTC Health Program Steering
Committees and the Advisory Committee under section 3302,
regarding the implementation and improvement of programs under
this title.
``SEC. 3302. WTC HEALTH PROGRAM SCIENTIFIC/TECHNICAL ADVISORY
COMMITTEE; WTC HEALTH PROGRAM STEERING COMMITTEES.
``(a) Advisory Committee.--
``(1) Establishment.--The WTC Program Administrator
shall establish an advisory committee to be known as
the WTC Health Program Scientific/Technical Advisory
Committee (in this subsection referred to as the
`Advisory Committee') to review scientific and medical
evidence and to make recommendations to the
Administrator on additional WTC Program eligibility
criteria and on additional WTC-related health
conditions.
``(2) Composition.--The WTC Program Administrator
shall appoint the members of the Advisory Committee and
shall include at least--
``(A) 4 occupational physicians, at least 2
of whom have experience treating WTC rescue and
recovery workers;
``(B) 1 physician with expertise in pulmonary
medicine;
``(C) 2 environmental medicine or
environmental health specialists;
``(D) 2 representatives of WTC responders;
``(E) 2 representatives of certified-eligible
WTC survivors;
``(F) an industrial hygienist;
``(G) a toxicologist;
``(H) an epidemiologist; and
``(I) a mental health professional.
``(3) Meetings.--The Advisory Committee shall meet at
such frequency as may be required to carry out its
duties.
``(4) Reports.--The WTC Program Administrator shall
provide for publication of recommendations of the
Advisory Committee on the public Web site established
for the WTC Program.
``(5) Duration.--Notwithstanding any other provision
of law, the Advisory Committee shall continue in
operation during the period in which the WTC Program is
in operation.
``(6) Application of faca.--Except as otherwise
specifically provided, the Advisory Committee shall be
subject to the Federal Advisory Committee Act.
``(b) WTC Health Program Steering Committees.--
``(1) Consultation.--The WTC Program Administrator
shall consult with 2 steering committees (each in this
section referred to as a `Steering Committee') that are
established as follows:
``(A) WTC responders steering committee.--One
Steering Committee, to be known as the WTC
Responders Steering Committee, for the purpose
of receiving input from affected stakeholders
and facilitating the coordination of monitoring
and treatment programs for the enrolled WTC
responders under part 1 of subtitle B.
``(B) WTC survivors steering committee.--One
Steering Committee, to be known as the WTC
Survivors Steering Committee, for the purpose
of receiving input from affected stakeholders
and facilitating the coordination of initial
health evaluations, monitoring, and treatment
programs for screening-eligible and certified-
eligible WTC survivors under part 2 of subtitle
B.
``(2) Membership.--
``(A) WTC responders steering committee.--
``(i) Representation.--The WTC
Responders Steering Committee shall
include--
``(I) representatives of the
Centers of Excellence providing
services to WTC responders;
``(II) representatives of
labor organizations
representing firefighters,
police, other New York City
employees, and recovery and
cleanup workers who responded
to the September 11, 2001,
terrorist attacks; and
``(III) 3 representatives of
New York City, 1 of whom will
be selected by the police
commissioner of New York City,
1 by the health commissioner of
New York City, and 1 by the
mayor of New York City.
``(ii) Initial membership.--The WTC
Responders Steering Committee shall
initially be composed of members of the
WTC Monitoring and Treatment Program
Steering Committee (as in existence on
the day before the date of the
enactment of this title).
``(B) WTC survivors steering committee.--
``(i) Representation.--The WTC
Survivors Steering Committee shall
include representatives of--
``(I) the Centers of
Excellence providing services
to screening-eligible and
certified-eligible WTC
survivors;
``(II) the population of
residents, students, and area
and other workers affected by
the September 11, 2001,
terrorist attacks;
``(III) screening-eligible
and certified-eligible
survivors receiving initial
health evaluations, monitoring,
or treatment under part 2 of
subtitle B and organizations
advocating on their behalf; and
``(IV) New York City.
``(ii) Initial membership.--The WTC
Survivors Steering Committee shall
initially be composed of members of the
WTC Environmental Health Center
Survivor Advisory Committee (as in
existence on the day before the date of
the enactment of this title).
``(C) Additional appointments.--Each Steering
Committee may recommend, if approved by a
majority of voting members of the Committee,
additional members to the Committee.
``(D) Vacancies.--A vacancy in a Steering
Committee shall be filled by an individual
recommended by the Steering Committee.
``SEC. 3303. EDUCATION AND OUTREACH.
``The WTC Program Administrator shall institute a program
that provides education and outreach on the existence and
availability of services under the WTC Program. The outreach
and education program--
``(1) shall include--
``(A) the establishment of a public Web site
with information about the WTC Program;
``(B) meetings with potentially eligible
populations;
``(C) development and dissemination of
outreach materials informing people about the
program; and
``(D) the establishment of phone information
services; and
``(2) shall be conducted in a manner intended--
``(A) to reach all affected populations; and
``(B) to include materials for culturally and
linguistically diverse populations.
``SEC. 3304. UNIFORM DATA COLLECTION AND ANALYSIS.
``(a) In General.--The WTC Program Administrator shall
provide for the uniform collection of data (and analysis of
data and regular reports to the Administrator) on the
prevalence of WTC-related health conditions and the
identification of new WTC-related health conditions. Such data
shall be collected for all individuals provided monitoring or
treatment benefits under subtitle B and regardless of their
place of residence or Clinical Center of Excellence through
which the benefits are provided. The WTC Program Administrator
shall provide, through the Data Centers or otherwise, for the
integration of such data into the monitoring and treatment
program activities under this title.
``(b) Coordinating Through Centers of Excellence.--Each
Clinical Center of Excellence shall collect data described in
subsection (a) and report such data to the corresponding Data
Center for analysis by such Data Center.
``(c) Collaboration With WTC Health Registry.--The WTC
Program Administrator shall provide for collaboration between
the Data Centers and the World Trade Center Health Registry
described in section 3342.
``(d) Privacy.--The data collection and analysis under this
section shall be conducted and maintained in a manner that
protects the confidentiality of individually identifiable
health information consistent with applicable statutes and
regulations, including, as applicable, HIPAA privacy and
security law (as defined in section 3009(a)(2)) and section
552a of title 5, United States Code.
``SEC. 3305. CLINICAL CENTERS OF EXCELLENCE AND DATA CENTERS.
``(a) In General.--
``(1) Contracts with clinical centers of
excellence.--The WTC Program Administrator shall,
subject to subsection (b)(1)(B), enter into contracts
with Clinical Centers of Excellence (as defined in
subsection (b)(1)(A))--
``(A) for the provision of monitoring and
treatment benefits and initial health
evaluation benefits under subtitle B;
``(B) for the provision of outreach
activities to individuals eligible for such
monitoring and treatment benefits, for initial
health evaluation benefits, and for followup to
individuals who are enrolled in the monitoring
program;
``(C) for the provision of counseling for
benefits under subtitle B, with respect to WTC-
related health conditions, for individuals
eligible for such benefits;
``(D) for the provision of counseling for
benefits for WTC-related health conditions that
may be available under workers' compensation or
other benefit programs for work-related
injuries or illnesses, health insurance,
disability insurance, or other insurance plans
or through public or private social service
agencies and assisting eligible individuals in
applying for such benefits;
``(E) for the provision of translational and
interpretive services for program participants
who are not English language proficient; and
``(F) for the collection and reporting of
data in accordance with section 3304.
``(2) Contracts with data centers.--
``(A) In general.--The WTC Program
Administrator shall enter into contracts with
Data Centers (as defined in subsection
(b)(2))--
``(i) for receiving, analyzing, and
reporting to the WTC Program
Administrator on data, in accordance
with section 3304, that have been
collected and reported to such Data
Centers by the corresponding Clinical
Centers of Excellence under subsection
(b)(1)(B)(iii);
``(ii) for the development of
monitoring, initial health evaluation,
and treatment protocols, with respect
to WTC-related health conditions;
``(iii) for coordinating the outreach
activities conducted under paragraph
(1)(B) by each corresponding Clinical
Center of Excellence;
``(iv) for establishing criteria for
the credentialing of medical providers
participating in the nationwide network
under section 3313;
``(v) for coordinating and
administering the activities of the WTC
Health Program Steering Committees
established under section 3002(b); and
``(vi) for meeting periodically with
the corresponding Clinical Centers of
Excellence to obtain input on the
analysis and reporting of data
collected under clause (i) and on the
development of monitoring, initial
health evaluation, and treatment
protocols under clause (ii).
``(B) Medical provider selection.--The
medical providers under subparagraph (A)(iv)
shall be selected by the WTC Program
Administrator on the basis of their experience
treating or diagnosing the health conditions
included in the list of WTC-related health
conditions.
``(C) Clinical discussions.--In carrying out
subparagraph (A)(ii), a Data Center shall
engage in clinical discussions across the WTC
Program to guide treatment approaches for
individuals with a WTC-related health
condition.
``(D) Transparency of data.--A contract
entered into under this subsection with a Data
Center shall require the Data Center to make
any data collected and reported to such Center
under subsection (b)(1)(B)(iii) available to
health researchers and others as provided in
the CDC/ATSDR Policy on Releasing and Sharing
Data.
``(3) Authority for contracts to be class specific.--
A contract entered into under this subsection with a
Clinical Center of Excellence or a Data Center may be
with respect to one or more class of enrolled WTC
responders, screening-eligible WTC survivors, or
certified-eligible WTC survivors.
``(4) Use of cooperative agreements.--Any contract
under this title between the WTC Program Administrator
and a Data Center or a Clinical Center of Excellence
may be in the form of a cooperative agreement.
``(b) Centers of Excellence.--
``(1) Clinical centers of excellence.--
``(A) Definition.--For purposes of this
title, the term `Clinical Center of Excellence'
means a Center that demonstrates to the
satisfaction of the Administrator that the
Center--
``(i) uses an integrated, centralized
health care provider approach to create
a comprehensive suite of health
services under this title that are
accessible to enrolled WTC responders,
screening-eligible WTC survivors, or
certified-eligible WTC survivors;
``(ii) has experience in caring for
WTC responders and screening-eligible
WTC survivors or includes health care
providers who have been trained
pursuant to section 3313(c);
``(iii) employs health care provider
staff with expertise that includes, at
a minimum, occupational medicine,
environmental medicine, trauma-related
psychiatry and psychology, and social
services counseling; and
``(iv) meets such other requirements
as specified by the Administrator.
``(B) Contract requirements.--The WTC Program
Administrator shall not enter into a contract
with a Clinical Center of Excellence under
subsection (a)(1) unless the Center agrees to
do each of the following:
``(i) Establish a formal mechanism
for consulting with and receiving input
from representatives of eligible
populations receiving monitoring and
treatment benefits under subtitle B
from such Center.
``(ii) Coordinate monitoring and
treatment benefits under subtitle B
with routine medical care provided for
the treatment of conditions other than
WTC-related health conditions.
``(iii) Collect and report to the
corresponding Data Center data in
accordance with section 3304(b).
``(iv) Have in place safeguards
against fraud that are satisfactory to
the Administrator, in consultation with
the Inspector General of the Department
of Health and Human Services.
``(v) Treat or refer for treatment
all individuals who are enrolled WTC
responders or certified-eligible WTC
survivors with respect to such Center
who present themselves for treatment of
a WTC-related health condition.
``(vi) Have in place safeguards,
consistent with section 3304(c), to
ensure the confidentiality of an
individual's individually identifiable
health information, including requiring
that such information not be disclosed
to the individual's employer without
the authorization of the individual.
``(vii) Use amounts paid under
subsection (c)(1) only for costs
incurred in carrying out the activities
described in subsection (a), other than
those described in subsection
(a)(1)(A).
``(viii) Utilize health care
providers with occupational and
environmental medicine expertise to
conduct physical and mental health
assessments, in accordance with
protocols developed under subsection
(a)(2)(A)(ii).
``(ix) Communicate with WTC
responders and screening-eligible and
certified-eligible WTC survivors in
appropriate languages and conduct
outreach activities with relevant
stakeholder worker or community
associations.
``(x) Meet all the other applicable
requirements of this title, including
regulations implementing such
requirements.
``(C) Transition rule to ensure continuity of
care.--The WTC Program Administrator shall to
the maximum extent feasible ensure continuity
of care in any period of transition from
monitoring and treatment of an enrolled WTC
responder or certified-eligible WTC survivor by
a provider to a Clinical Center of Excellence
or a health care provider participating in the
nationwide network under section 3313.
``(2) Data centers.--For purposes of this title, the
term `Data Center' means a Center that the WTC Program
Administrator determines has the capacity to carry out
the responsibilities for a Data Center under subsection
(a)(2).
``(3) Corresponding centers.--For purposes of this
title, a Clinical Center of Excellence and a Data
Center shall be treated as `corresponding' to the
extent that such Clinical Center and Data Center serve
the same population group.
``(c) Payment for Infrastructure Costs.--
``(1) In general.--The WTC Program Administrator
shall reimburse a Clinical Center of Excellence for the
fixed infrastructure costs of such Center in carrying
out the activities described in subtitle B at a rate
negotiated by the Administrator and such Centers. Such
negotiated rate shall be fair and appropriate and take
into account the number of enrolled WTC responders
receiving services from such Center under this title.
``(2) Fixed infrastructure costs.--For purposes of
paragraph (1), the term `fixed infrastructure costs'
means, with respect to a Clinical Center of Excellence,
the costs incurred by such Center that are not
reimbursable by the WTC Program Administrator under
section 3312(c).
``SEC. 3306. DEFINITIONS.
``In this title:
``(1) The term `aggravating' means, with respect to a
health condition, a health condition that existed on
September 11, 2001, and that, as a result of exposure
to airborne toxins, any other hazard, or any other
adverse condition resulting from the September 11,
2001, terrorist attacks, requires medical treatment
that is (or will be) in addition to, more frequent
than, or of longer duration than the medical treatment
that would have been required for such condition in the
absence of such exposure.
``(2) The term `certified-eligible WTC survivor' has
the meaning given such term in section 3321(a)(2).
``(3) The terms `Clinical Center of Excellence' and
`Data Center' have the meanings given such terms in
section 3305.
``(4) The term `enrolled WTC responder' means a WTC
responder enrolled under section 3311(a)(3).
``(5) The term `initial health evaluation' includes,
with respect to an individual, a medical and exposure
history, a physical examination, and additional medical
testing as needed to evaluate whether the individual
has a WTC-related health condition and is eligible for
treatment under the WTC Program.
``(6) The term `list of WTC-related health
conditions' means--
``(A) for WTC responders, the health
conditions listed in section 3312(a)(3); and
``(B) for screening-eligible and certified-
eligible WTC survivors, the health conditions
listed in section 3322(b).
``(7) The term `New York City disaster area' means
the area within New York City that is--
``(A) the area of Manhattan that is south of
Houston Street; and
``(B) any block in Brooklyn that is wholly or
partially contained within a 1.5-mile radius of
the former World Trade Center site.
``(8) The term `New York metropolitan area' means an
area, specified by the WTC Program Administrator,
within which WTC responders and eligible WTC screening-
eligible survivors who reside in such area are
reasonably able to access monitoring and treatment
benefits and initial health evaluation benefits under
this title through a Clinical Center of Excellence
described in subparagraphs (A), (B), or (C) of section
3305(b)(1).
``(9) The term `screening-eligible WTC survivor' has
the meaning given such term in section 3321(a)(1).
``(10) Any reference to `September 11, 2001' shall be
deemed a reference to the period on such date
subsequent to the terrorist attacks at the World Trade
Center, Shanksville, Pennsylvania, or the Pentagon, as
applicable, on such date.
``(11) The term `September 11, 2001, terrorist
attacks' means the terrorist attacks that occurred on
September 11, 2001, in New York City, in Shanksville,
Pennsylvania, and at the Pentagon, and includes the
aftermath of such attacks.
``(12) The term `WTC Health Program Steering
Committee' means such a Steering Committee established
under section 3302(b).
``(13) The term `WTC Program' means the Word Trade
Center Health Program established under section
3301(a).
``(14) The term `WTC Program Administrator' means--
``(A) with respect to paragraphs (3) and (4)
of section 3311(a) (relating to enrollment of
WTC responders), section 3312(c) and the
corresponding provisions of section 3322
(relating to payment for initial health
evaluation, monitoring, and treatment),
paragraphs (1)(C), (2)(B), and (3) of section
3321(a) (relating to determination or
certification of screening-eligible or
certified-eligible WTC responders), and part 3
of subtitle B (relating to payor provisions),
an official in the Department of Health and
Human Services, to be designated by the
Secretary; and
``(B) with respect to any other provision of
this title, the Director of the National
Institute for Occupational Safety and Health,
or a designee of such Director.
``(15) The term `WTC-related health condition' is
defined in section 3312(a).
``(16) The term `WTC responder' is defined in section
3311(a).
``(17) The term `WTC Scientific/Technical Advisory
Committee' means such Committee established under
section 3302(a).
``Subtitle B--Program of Monitoring, Initial Health Evaluations, and
Treatment
``PART 1--WTC RESPONDERS
``SEC. 3311. IDENTIFICATION OF WTC RESPONDERS AND PROVISION OF WTC-
RELATED MONITORING SERVICES.
``(a) WTC Responder Defined.--
``(1) In general.--For purposes of this title, the
term `WTC responder' means any of the following
individuals, subject to paragraph (4):
``(A) Currently identified responder.--An
individual who has been identified as eligible
for monitoring under the arrangements as in
effect on the date of the enactment of this
title between the National Institute for
Occupational Safety and Health and--
``(i) the consortium coordinated by
Mt. Sinai Hospital in New York City
that coordinates the monitoring and
treatment for enrolled WTC responders
other than with respect to those
covered under the arrangement with the
Fire Department of New York City; or
``(ii) the Fire Department of New
York City.
``(B) Responder who meets current eligibility
criteria.--An individual who meets the current
eligibility criteria described in paragraph
(2).
``(C) Responder who meets modified
eligibility criteria.--An individual who--
``(i) performed rescue, recovery,
demolition, debris cleanup, or other
related services in the New York City
disaster area in response to the
September 11, 2001, terrorist attacks,
regardless of whether such services
were performed by a State or Federal
employee or member of the National
Guard or otherwise; and
``(ii) meets such eligibility
criteria relating to exposure to
airborne toxins, other hazards, or
adverse conditions resulting from the
September 11, 2001, terrorist attacks
as the WTC Program Administrator, after
consultation with the WTC Scientific/
Technical Advisory Committee,
determines appropriate.
The WTC Program Administrator shall not modify
such eligibility criteria on or after the date
that the number of enrollments of WTC
responders has reached 80 percent of the limit
described in paragraph (4) or on or after the
date that the number of certifications for
certified-eligible WTC survivors under section
3321(a)(2)(B) has reached 80 percent of the
limit described in section 3321(a)(3).
``(2) Current eligibility criteria.--The eligibility
criteria described in this paragraph for an individual
is that the individual is described in any of the
following categories:
``(A) Firefighters and related personnel.--
The individual--
``(i) was a member of the Fire
Department of New York City (whether
fire or emergency personnel, active or
retired) who participated at least one
day in the rescue and recovery effort
at any of the former World Trade Center
sites (including Ground Zero, Staten
Island Landfill, and the New York City
Chief Medical Examiner's Office) for
any time during the period beginning on
September 11, 2001, and ending on July
31, 2002; or
``(ii)(I) is a surviving immediate
family member of an individual who was
a member of the Fire Department of New
York City (whether fire or emergency
personnel, active or retired) and was
killed at the World Trade site on
September 11, 2001; and
``(II) received any treatment for a
WTC-related health condition described
in section 3312(a)(1)(A)(ii) (relating
to mental health conditions) on or
before September 1, 2008.
``(B) Law enforcement officers and wtc
rescue, recovery, and cleanup workers.--The
individual--
``(i) worked or volunteered onsite in
rescue, recovery, debris cleanup, or
related support services in lower
Manhattan (south of Canal St.), the
Staten Island Landfill, or the barge
loading piers, for at least 4 hours
during the period beginning on
September 11, 2001, and ending on
September 14, 2001, for at least 24
hours during the period beginning on
September 11, 2001, and ending on
September 30, 2001, or for at least 80
hours during the period beginning on
September 11, 2001, and ending on July
31, 2002;
``(ii)(I) was a member of the Police
Department of New York City (whether
active or retired) or a member of the
Port Authority Police of the Port
Authority of New York and New Jersey
(whether active or retired) who
participated onsite in rescue,
recovery, debris cleanup, or related
services in lower Manhattan (south of
Canal St.), including Ground Zero, the
Staten Island Landfill, or the barge
loading piers, for at least 4 hours
during the period beginning September
11, 2001, and ending on September 14,
2001;
``(II) participated onsite in rescue,
recovery, debris cleanup, or related
services in at Ground Zero, the Staten
Island Landfill, or the barge loading
piers, for at least one day during the
period beginning on September 11, 2001,
and ending on July 31, 2002;
``(III) participated onsite in
rescue, recovery, debris cleanup, or
related services in lower Manhattan
(south of Canal St.) for at least 24
hours during the period beginning on
September 11, 2001, and ending on
September 30, 2001; or
``(IV) participated onsite in rescue,
recovery, debris cleanup, or related
services in lower Manhattan (south of
Canal St.) for at least 80 hours during
the period beginning on September 11,
2001, and ending on July 31, 2002;
``(iii) was an employee of the Office
of the Chief Medical Examiner of New
York City involved in the examination
and handling of human remains from the
World Trade Center attacks, or other
morgue worker who performed similar
post-September 11 functions for such
Office staff, during the period
beginning on September 11, 2001, and
ending on July 31, 2002;
``(iv) was a worker in the Port
Authority Trans-Hudson Corporation
Tunnel for at least 24 hours during the
period beginning on February 1, 2002,
and ending on July 1, 2002; or
``(v) was a vehicle-maintenance
worker who was exposed to debris from
the former World Trade Center while
retrieving, driving, cleaning,
repairing, and maintaining vehicles
contaminated by airborne toxins from
the September 11, 2001, terrorist
attacks during a duration and period
described in subparagraph (A).
``(C) Responders to the september 11 attacks
at the pentagon and shanksville,
pennsylvania.--The individual--
``(i)(I) was a member of a fire or
police department (whether fire or
emergency personnel, active or
retired), worked for a recovery or
cleanup contractor, or was a volunteer;
and performed rescue, recovery,
demolition, debris cleanup, or other
related services at the Pentagon site
of the terrorist-related aircraft crash
of September 11, 2001, during the
period beginning on September 11, 2001,
and ending on the date on which the
cleanup of the site was concluded, as
determined by the WTC Program
Administrator; or
``(II) was a member of a fire or
police department (whether fire or
emergency personnel, active or
retired), worked for a recovery or
cleanup contractor, or was a volunteer;
and performed rescue, recovery,
demolition, debris cleanup, or other
related services at the Shanksville,
Pennsylvania, site of the terrorist-
related aircraft crash of September 11,
2001, during the period beginning on
September 11, 2001, and ending on the
date on which the cleanup of the site
was concluded, as determined by the WTC
Program Administrator; and
``(ii) is determined by the WTC
Program Administrator to be at an
increased risk of developing a WTC-
related health condition as a result of
exposure to airborne toxins, other
hazards, or adverse conditions
resulting from the September 11, 2001,
terrorist attacks, and meets such
eligibility criteria related to such
exposures, as the WTC Program
Administrator determines are
appropriate, after consultation with
the WTC Scientific/Technical Advisory
Committee.
``(3) Enrollment process.--
``(A) In general.--The WTC Program
Administrator shall establish a process for
enrolling WTC responders in the WTC Program.
Under such process--
``(i) WTC responders described in
paragraph (1)(A) shall be deemed to be
enrolled in such Program;
``(ii) subject to clause (iii), the
Administrator shall enroll in such
program individuals who are determined
to be WTC responders;
``(iii) the Administrator shall deny
such enrollment to an individual if the
Administrator determines that the
numerical limitation in paragraph (4)
on enrollment of WTC responders has
been met;
``(iv) there shall be no fee charged
to the applicant for making an
application for such enrollment;
``(v) the Administrator shall make a
determination on such an application
not later than 60 days after the date
of filing the application; and
``(vi) an individual who is denied
enrollment in such Program shall have
an opportunity to appeal such
determination in a manner established
under such process.
``(B) Timing.--
``(i) Currently identified
responders.--In accordance with
subparagraph (A)(i), the WTC Program
Administrator shall enroll an
individual described in paragraph
(1)(A) in the WTC Program not later
than July 1, 2011.
``(ii) Other responders.--In
accordance with subparagraph (A)(ii)
and consistent with paragraph (4), the
WTC Program Administrator shall enroll
any other individual who is determined
to be a WTC responder in the WTC
Program at the time of such
determination.
``(4) Numerical limitation on eligible wtc
responders.--
``(A) In general.--The total number of
individuals not described in paragraph (1)(A)
or (2)(A)(ii) who may be enrolled under
paragraph (3)(A)(ii) shall not exceed 25,000 at
any time, of which no more than 2,500 may be
individuals enrolled based on modified
eligibility criteria established under
paragraph (1)(C).
``(B) Process.--In implementing subparagraph
(A), the WTC Program Administrator shall--
``(i) limit the number of enrollments
made under paragraph (3)--
``(I) in accordance with such
subparagraph; and
``(II) to such number, as
determined by the Administrator
based on the best available
information and subject to
amounts available under section
3351, that will ensure
sufficient funds will be
available to provide treatment
and monitoring benefits under
this title, with respect to all
individuals who are enrolled
through the end of fiscal year
2020; and
``(ii) provide priority (subject to
paragraph (3)(A)(i)) in such
enrollments in the order in which
individuals apply for enrollment under
paragraph (3).
``(5) Disqualification of individuals on terrorist
watch list.--No individual who is on the terrorist
watch list maintained by the Department of Homeland
Security shall qualify as an eligible WTC responder.
Before enrolling any individual as a WTC responder in
the WTC Program under paragraph (3), the Administrator,
in consultation with the Secretary of Homeland
Security, shall determine whether the individual is on
such list.
``(b) Monitoring Benefits.--
``(1) In general.--In the case of an enrolled WTC
responder (other than one described in subsection
(a)(2)(A)(ii)), the WTC Program shall provide for
monitoring benefits that include monitoring consistent
with protocols approved by the WTC Program
Administrator and including clinical examinations and
long-term health monitoring and analysis. In the case
of an enrolled WTC responder who is an active member of
the Fire Department of New York City, the responder
shall receive such benefits as part of the individual's
periodic company medical exams.
``(2) Provision of monitoring benefits.--The
monitoring benefits under paragraph (1) shall be
provided through the Clinical Center of Excellence for
the type of individual involved or, in the case of an
individual residing outside the New York metropolitan
area, under an arrangement under section 3313.
``SEC. 3312. TREATMENT OF ENROLLED WTC RESPONDERS FOR WTC-RELATED
HEALTH CONDITIONS.
``(a) WTC-Related Health Condition Defined.--
``(1) In general.--For purposes of this title, the
term `WTC-related health condition' means a condition
that--
``(A)(i) is an illness or health condition
for which exposure to airborne toxins, any
other hazard, or any other adverse condition
resulting from the September 11, 2001,
terrorist attacks, based on an examination by a
medical professional with experience in
treating or diagnosing the health conditions
included in the applicable list of WTC-related
health conditions, is substantially likely to
be a significant factor in aggravating,
contributing to, or causing the illness or
health condition, as determined under paragraph
(2); or
``(ii) is a mental health condition for which
such attacks, based on an examination by a
medical professional with experience in
treating or diagnosing the health conditions
included in the applicable list of WTC-related
health conditions, is substantially likely to
be a significant factor in aggravating,
contributing to, or causing the condition, as
determined under paragraph (2); and
``(B) is included in the applicable list of
WTC-related health conditions or--
``(i) with respect to a WTC
responder, is provided certification of
coverage under subsection
(b)(2)(B)(iii); or
``(ii) with respect to a screening-
eligible WTC survivor or certified-
eligible WTC survivor, is provided
certification of coverage under
subsection (b)(2)(B)(iii), as applied
under section 3322(a).
In the case of a WTC responder described in section
3311(a)(2)(A)(ii) (relating to a surviving immediate
family member of a firefighter), such term does not
include an illness or health condition described in
subparagraph (A)(i).
``(2) Determination.--The determination under
paragraph (1) or subsection (b) of whether the
September 11, 2001, terrorist attacks were
substantially likely to be a significant factor in
aggravating, contributing to, or causing an
individual's illness or health condition shall be made
based on an assessment of the following:
``(A) The individual's exposure to airborne
toxins, any other hazard, or any other adverse
condition resulting from the terrorist attacks.
Such exposure shall be--
``(i) evaluated and characterized
through the use of a standardized,
population-appropriate questionnaire
approved by the Director of the
National Institute for Occupational
Safety and Health; and
``(ii) assessed and documented by a
medical professional with experience in
treating or diagnosing health
conditions included on the list of WTC-
related health conditions.
``(B) The type of symptoms and temporal
sequence of symptoms. Such symptoms shall be--
``(i) assessed through the use of a
standardized, population-appropriate
medical questionnaire approved by the
Director of the National Institute for
Occupational Safety and Health and a
medical examination; and
``(ii) diagnosed and documented by a
medical professional described in
subparagraph (A)(ii).
``(3) List of health conditions for wtc responders.--
The list of health conditions for WTC responders
consists of the following:
``(A) Aerodigestive disorders.--
``(i) Interstitial lung diseases.
``(ii) Chronic respiratory disorder--
fumes/vapors.
``(iii) Asthma.
``(iv) Reactive airways dysfunction
syndrome (RADS).
``(v) WTC-exacerbated chronic
obstructive pulmonary disease (COPD).
``(vi) Chronic cough syndrome.
``(vii) Upper airway hyperreactivity.
``(viii) Chronic rhinosinusitis.
``(ix) Chronic nasopharyngitis.
``(x) Chronic laryngitis.
``(xi) Gastroesophageal reflux
disorder (GERD).
``(xii) Sleep apnea exacerbated by or
related to a condition described in a
previous clause.
``(B) Mental health conditions.--
``(i) Posttraumatic stress disorder
(PTSD).
``(ii) Major depressive disorder.
``(iii) Panic disorder.
``(iv) Generalized anxiety disorder.
``(v) Anxiety disorder (not otherwise
specified).
``(vi) Depression (not otherwise
specified).
``(vii) Acute stress disorder.
``(viii) Dysthymic disorder.
``(ix) Adjustment disorder.
``(x) Substance abuse.
``(C) Musculoskeletal disorders for certain
wtc responders.--In the case of a WTC responder
described in paragraph (4), a condition
described in such paragraph.
``(D) Additional conditions.--Any cancer (or
type of cancer) or other condition added,
pursuant to paragraph (5) or (6), to the list
under this paragraph.
``(4) Musculoskeletal disorders.--
``(A) In general.--For purposes of this
title, in the case of a WTC responder who
received any treatment for a WTC-related
musculoskeletal disorder on or before September
11, 2003, the list of health conditions in
paragraph (3) shall include:
``(i) Low back pain.
``(ii) Carpal tunnel syndrome (CTS).
``(iii) Other musculoskeletal
disorders.
``(B) Definition.--The term `WTC-related
musculoskeletal disorder' means a chronic or
recurrent disorder of the musculoskeletal
system caused by heavy lifting or repetitive
strain on the joints or musculoskeletal system
occurring during rescue or recovery efforts in
the New York City disaster area in the
aftermath of the September 11, 2001, terrorist
attacks.
``(5) Cancer.--
``(A) In general.--The WTC Program
Administrator shall periodically conduct a
review of all available scientific and medical
evidence, including findings and
recommendations of Clinical Centers of
Excellence, published in peer-reviewed journals
to determine if, based on such evidence, cancer
or a certain type of cancer should be added to
the applicable list of WTC-related health
conditions. The WTC Program Administrator shall
conduct the first review under this
subparagraph not later than 180 days after the
date of the enactment of this title.
``(B) Proposed regulations and rulemaking.--
Based on the periodic reviews under
subparagraph (A), if the WTC Program
Administrator determines that cancer or a
certain type of cancer should be added to such
list of WTC-related health conditions, the WTC
Program Administrator shall propose
regulations, through rulemaking, to add cancer
or the certain type of cancer to such list.
``(C) Final regulations.--Based on all the
available evidence in the rulemaking record,
the WTC Program Administrator shall make a
final determination of whether cancer or a
certain type of cancer should be added to such
list of WTC-related health conditions. If such
a determination is made to make such an
addition, the WTC Program Administrator shall
by regulation add cancer or the certain type of
cancer to such list.
``(D) Determinations not to add cancer or
certain types of cancer.--In the case that the
WTC Program Administrator determines under
subparagraph (B) or (C) that cancer or a
certain type of cancer should not be added to
such list of WTC-related health conditions, the
WTC Program Administrator shall publish an
explanation for such determination in the
Federal Register. Any such determination to not
make such an addition shall not preclude the
addition of cancer or the certain type of
cancer to such list at a later date.
``(6) Addition of health conditions to list for wtc
responders.--
``(A) In general.--Whenever the WTC Program
Administrator determines that a proposed rule
should be promulgated to add a health condition
to the list of health conditions in paragraph
(3), the Administrator may request a
recommendation of the Advisory Committee or may
publish such a proposed rule in the Federal
Register in accordance with subparagraph (D).
``(B) Administrator's options after receipt
of petition.--In the case that the WTC Program
Administrator receives a written petition by an
interested party to add a health condition to
the list of health conditions in paragraph (3),
not later than 60 days after the date of
receipt of such petition the Administrator
shall--
``(i) request a recommendation of the
Advisory Committee;
``(ii) publish a proposed rule in the
Federal Register to add such health
condition, in accordance with
subparagraph (D);
``(iii) publish in the Federal
Register the Administrator's
determination not to publish such a
proposed rule and the basis for such
determination; or
``(iv) publish in the Federal
Register a determination that
insufficient evidence exists to take
action under clauses (i) through (iii).
``(C) Action by advisory committee.--In the
case that the Administrator requests a
recommendation of the Advisory Committee under
this paragraph, with respect to adding a health
condition to the list in paragraph (3), the
Advisory Committee shall submit to the
Administrator such recommendation not later
than 60 days after the date of such request or
by such date (not to exceed 180 days after such
date of request) as specified by the
Administrator. Not later than 60 days after the
date of receipt of such recommendation, the
Administrator shall, in accordance with
subparagraph (D), publish in the Federal
Register a proposed rule with respect to such
recommendation or a determination not to
propose such a proposed rule and the basis for
such determination.
``(D) Publication.--The WTC Program
Administrator shall, with respect to any
proposed rule under this paragraph--
``(i) publish such proposed rule in
accordance with section 553 of title 5,
United States Code; and
``(ii) provide interested parties a
period of 30 days after such
publication to submit written comments
on the proposed rule.
The WTC Program Administrator may extend the
period described in clause (ii) upon a finding
of good cause. In the case of such an
extension, the Administrator shall publish such
extension in the Federal Register.
``(E) Interested party defined.--For purposes
of this paragraph, the term `interested party'
includes a representative of any organization
representing WTC responders, a nationally
recognized medical association, a Clinical or
Data Center, a State or political subdivision,
or any other interested person.
``(b) Coverage of Treatment for WTC-Related Health
Conditions.--
``(1) Determination for enrolled wtc responders based
on a wtc-related health condition.--
``(A) In general.--If a physician at a
Clinical Center of Excellence that is providing
monitoring benefits under section 3311 for an
enrolled WTC responder makes a determination
that the responder has a WTC-related health
condition that is in the list in subsection
(a)(3) and that exposure to airborne toxins,
other hazards, or adverse conditions resulting
from the September 1, 2001, terrorist attacks
is substantially likely to be a significant
factor in aggravating, contributing to, or
causing the condition--
``(i) the physician shall promptly
transmit such determination to the WTC
Program Administrator and provide the
Administrator with the medical facts
supporting such determination; and
``(ii) on and after the date of such
transmittal and subject to subparagraph
(B), the WTC Program shall provide for
payment under subsection (c) for
medically necessary treatment for such
condition.
``(B) Review; certification; appeals.--
``(i) Review.--A Federal employee
designated by the WTC Program
Administrator shall review
determinations made under subparagraph
(A).
``(ii) Certification.--The
Administrator shall provide a
certification of such condition based
upon reviews conducted under clause
(i). Such a certification shall be
provided unless the Administrator
determines that the responder's
condition is not a WTC-related health
condition in the list in subsection
(a)(3) or that exposure to airborne
toxins, other hazards, or adverse
conditions resulting from the September
1, 2001, terrorist attacks is not
substantially likely to be a
significant factor in aggravating,
contributing to, or causing the
condition.
``(iii) Appeal process.--The
Administrator shall establish, by rule,
a process for the appeal of
determinations under clause (ii).
``(2) Determination based on medically associated
wtc-related health conditions.--
``(A) In general.--If a physician at a
Clinical Center of Excellence determines
pursuant to subsection (a) that the enrolled
WTC responder has a health condition described
in subsection (a)(1)(A) that is not in the list
in subsection (a)(3) but which is medically
associated with a WTC-related health
condition--
``(i) the physician shall promptly
transmit such determination to the WTC
Program Administrator and provide the
Administrator with the facts supporting
such determination; and
``(ii) the Administrator shall make a
determination under subparagraph (B)
with respect to such physician's
determination.
``(B) Procedures for review, certification,
and appeal.--The WTC Program Administrator
shall, by rule, establish procedures for the
review and certification of physician
determinations under subparagraph (A). Such
rule shall provide for--
``(i) the timely review of such a
determination by a physician panel with
appropriate expertise for the condition
and recommendations to the WTC Program
Administrator;
``(ii) not later than 60 days after
the date of the transmittal under
subparagraph (A)(i), a determination by
the WTC Program Administrator on
whether or not the condition involved
is described in subsection (a)(1)(A)
and is medically associated with a WTC-
related health condition;
``(iii) certification in accordance
with paragraph (1)(B)(ii) of coverage
of such condition if determined to be
described in subsection (a)(1)(A) and
medically associated with a WTC-related
health condition; and
``(iv) a process for appeals of
determinations relating to such
conditions.
``(C) Inclusion in list of health
conditions.--If the WTC Program Administrator
provides certification under subparagraph
(B)(iii) for coverage of a condition, the
Administrator may, pursuant to subsection
(a)(6), add the condition to the list in
subsection (a)(3).
``(D) Conditions already declined for
inclusion in list.--If the WTC Program
Administrator publishes a determination under
subsection (a)(6)(B) not to include a condition
in the list in subsection (a)(3), the WTC
Program Administrator shall not provide
certification under subparagraph (B)(iii) for
coverage of the condition. In the case of an
individual who is certified under subparagraph
(B)(iii) with respect to such condition before
the date of the publication of such
determination the previous sentence shall not
apply.
``(3) Requirement of medical necessity.--
``(A) In general.--In providing treatment for
a WTC-related health condition, a physician or
other provider shall provide treatment that is
medically necessary and in accordance with
medical treatment protocols established under
subsection (d).
``(B) Regulations relating to medical
necessity.--For the purpose of this title, the
WTC Program Administrator shall issue
regulations specifying a standard for
determining medical necessity with respect to
health care services and prescription
pharmaceuticals, a process for determining
whether treatment furnished and pharmaceuticals
prescribed under this title meet such standard
(including any prior authorization
requirement), and a process for appeal of a
determination under subsection (c)(3).
``(4) Scope of treatment covered.--
``(A) In general.--The scope of treatment
covered under this subsection includes services
of physicians and other health care providers,
diagnostic and laboratory tests, prescription
drugs, inpatient and outpatient hospital
services, and other medically necessary
treatment.
``(B) Pharmaceutical coverage.--With respect
to ensuring coverage of medically necessary
outpatient prescription drugs, such drugs shall
be provided, under arrangements made by the WTC
Program Administrator, directly through
participating Clinical Centers of Excellence or
through one or more outside vendors.
``(C) Transportation expenses for nationwide
network.--The WTC Program Administrator may
provide for necessary and reasonable
transportation and expenses incident to the
securing of medically necessary treatment
through the nationwide network under section
3313 involving travel of more than 250 miles
and for which payment is made under this
section in the same manner in which individuals
may be furnished necessary and reasonable
transportation and expenses incident to
services involving travel of more than 250
miles under regulations implementing section
3629(c) of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (title
XXXVI of Public Law 106-398; 42 U.S.C.
7384t(c)).
``(5) Provision of treatment pending certification.--
With respect to an enrolled WTC responder for whom a
determination is made by an examining physician under
paragraph (1) or (2), but for whom the WTC Program
Administrator has not yet determined whether to certify
the determination, the WTC Program Administrator may
establish by rule a process through which the
Administrator may approve the provision of medical
treatment under this subsection (and payment under
subsection (c)) with respect to such responder and such
responder's WTC-related health condition (under such
terms and conditions as the Administrator may provide)
until the Administrator makes a decision on whether to
certify the determination.
``(c) Payment for Initial Health Evaluation, Monitoring, and
Treatment of WTC-Related Health Conditions.--
``(1) Medical treatment.--
``(A) Use of feca payment rates.--Subject to
subparagraphs (B) and (C), the WTC Program
Administrator shall reimburse costs for
medically necessary treatment under this title
for WTC-related health conditions according to
the payment rates that would apply to the
provision of such treatment and services by the
facility under the Federal Employees
Compensation Act. For treatment not covered
under the previous sentence or subparagraph
(B), the WTC Program Administrator shall
establish by regulation a reimbursement rate
for such treatment.
``(B) Pharmaceuticals.--
``(i) In general.--The WTC Program
Administrator shall establish a program
for paying for the medically necessary
outpatient prescription pharmaceuticals
prescribed under this title for WTC-
related health conditions through one
or more contracts with outside vendors.
``(ii) Competitive bidding.--Under
such program the Administrator shall--
``(I) select one or more
appropriate vendors through a
Federal competitive bid
process; and
``(II) select the lowest
bidder (or bidders) meeting the
requirements for providing
pharmaceutical benefits for
participants in the WTC
Program.
``(iii) Treatment of fdny
participants.--Under such program the
Administrator may enter into an
agreement with a separate vendor to
provide pharmaceutical benefits to
enrolled WTC responders for whom the
Clinical Center of Excellence is
described in section 3305 if such an
arrangement is deemed necessary and
beneficial to the program by the WTC
Program Administrator.
``(C) Improving quality and efficiency
through modification of payment amounts and
methodologies.--The WTC Program Administrator
may modify the amounts and methodologies for
making payments for initial health evaluations,
monitoring, or treatment, if, taking into
account utilization and quality data furnished
by the Clinical Centers of Excellence under
section 3305(b)(1)(B)(iii), the Administrator
determines that a bundling, capitation, pay for
performance, or other payment methodology would
better ensure high quality and efficient
delivery of initial health evaluations,
monitoring, or treatment to an enrolled WTC
responder, screening-eligible WTC survivor, or
certified-eligible WTC survivor.
``(2) Monitoring and initial health evaluation.--The
WTC Program Administrator shall reimburse the costs of
monitoring and the costs of an initial health
evaluation provided under this title at a rate set by
the Administrator by regulation.
``(3) Determination of medical necessity.--
``(A) Review of medical necessity and
protocols.--As part of the process for
reimbursement or payment under this subsection,
the WTC Program Administrator shall provide for
the review of claims for reimbursement or
payment for the provision of medical treatment
to determine if such treatment is medically
necessary and in accordance with medical
treatment protocols established under
subsection (d).
``(B) Withholding of payment for medically
unnecessary treatment.--The Administrator shall
withhold such reimbursement or payment for
treatment that the Administrator determines is
not medically necessary or is not in accordance
with such medical treatment protocols.
``(d) Medical Treatment Protocols.--
``(1) Development.--The Data Centers shall develop
medical treatment protocols for the treatment of
enrolled WTC responders and certified-eligible WTC
survivors for health conditions included in the
applicable list of WTC-related health conditions.
``(2) Approval.--The medical treatment protocols
developed under paragraph (1) shall be subject to
approval by the WTC Program Administrator.
``SEC. 3313. NATIONAL ARRANGEMENT FOR BENEFITS FOR ELIGIBLE INDIVIDUALS
OUTSIDE NEW YORK.
``(a) In General.--In order to ensure reasonable access to
benefits under this subtitle for individuals who are enrolled
WTC responders, screening-eligible WTC survivors, or certified-
eligible WTC survivors and who reside in any State, as defined
in section 2(f), outside the New York metropolitan area, the
WTC Program Administrator shall establish a nationwide network
of health care providers to provide monitoring and treatment
benefits and initial health evaluations near such individuals'
areas of residence in such States. Nothing in this subsection
shall be construed as preventing such individuals from being
provided such monitoring and treatment benefits or initial
health evaluation through any Clinical Center of Excellence.
``(b) Network Requirements.--Any health care provider
participating in the network under subsection (a) shall--
``(1) meet criteria for credentialing established by
the Data Centers;
``(2) follow the monitoring, initial health
evaluation, and treatment protocols developed under
section 3305(a)(2)(A)(ii);
``(3) collect and report data in accordance with
section 3304; and
``(4) meet such fraud, quality assurance, and other
requirements as the WTC Program Administrator
establishes, including sections 1128 through 1128E of
the Social Security Act, as applied by section 3301(d).
``(c) Training and Technical Assistance.--The WTC Program
Administer may provide, including through contract, for the
provision of training and technical assistance to health care
providers participating in the network under subsection (a).
``PART 2--WTC SURVIVORS
``SEC. 3321. IDENTIFICATION AND INITIAL HEALTH EVALUATION OF SCREENING-
ELIGIBLE AND CERTIFIED-ELIGIBLE WTC SURVIVORS.
``(a) Identification of Screening-Eligible WTC Survivors and
Certified-Eligible WTC Survivors.--
``(1) Screening-eligible wtc survivors.--
``(A) Definition.--In this title, the term
`screening-eligible WTC survivor' means,
subject to subparagraph (C) and paragraph (3),
an individual who is described in any of the
following clauses:
``(i) Currently identified
survivor.--An individual, including a
WTC responder, who has been identified
as eligible for medical treatment and
monitoring by the WTC Environmental
Health Center as of the date of
enactment of this title.
``(ii) Survivor who meets current
eligibility criteria.--An individual
who is not a WTC responder, for
purposes of the initial health
evaluation under subsection (b), claims
symptoms of a WTC-related health
condition and meets any of the current
eligibility criteria described in
subparagraph (B).
``(iii) Survivor who meets modified
eligibility criteria.--An individual
who is not a WTC responder, for
purposes of the initial health
evaluation under subsection (b), claims
symptoms of a WTC-related health
condition and meets such eligibility
criteria relating to exposure to
airborne toxins, other hazards, or
adverse conditions resulting from the
September 11, 2001, terrorist attacks
as the WTC Administrator determines,
after consultation with the Data
Centers described in section 3305 and
the WTC Scientific/Technical Advisory
Committee and WTC Health Program
Steering Committees under section 3302.
The Administrator shall not modify such
criteria under clause (iii) on or after the
date that the number of certifications for
certified-eligible WTC survivors under
paragraph (2)(B) has reached 80 percent of the
limit described in paragraph (3) or on or after
the date that the number of enrollments of WTC
responders has reached 80 percent of the limit
described in section 3311(a)(4).
``(B) Current eligibility criteria.--The
eligibility criteria described in this
subparagraph for an individual are that the
individual is described in any of the following
clauses:
``(i) A person who was present in the
New York City disaster area in the dust
or dust cloud on September 11, 2001.
``(ii) A person who worked, resided,
or attended school, childcare, or adult
daycare in the New York City disaster
area for--
``(I) at least 4 days during
the 4-month period beginning on
September 11, 2001, and ending
on January 10, 2002; or
``(II) at least 30 days
during the period beginning on
September 11, 2001, and ending
on July 31, 2002.
``(iii) Any person who worked as a
cleanup worker or performed maintenance
work in the New York City disaster area
during the 4-month period described in
subparagraph (B)(i) and had extensive
exposure to WTC dust as a result of
such work.
``(iv) A person who was deemed
eligible to receive a grant from the
Lower Manhattan Development Corporation
Residential Grant Program, who
possessed a lease for a residence or
purchased a residence in the New York
City disaster area, and who resided in
such residence during the period
beginning on September 11, 2001, and
ending on May 31, 2003.
``(v) A person whose place of
employment--
``(I) at any time during the
period beginning on September
11, 2001, and ending on May 31,
2003, was in the New York City
disaster area; and
``(II) was deemed eligible to
receive a grant from the Lower
Manhattan Development
Corporation WTC Small Firms
Attraction and Retention Act
program or other government
incentive program designed to
revitalize the lower Manhattan
economy after the September 11,
2001, terrorist attacks.
``(C) Application and determination process
for screening eligibility.--
``(i) In general.--The WTC Program
Administrator in consultation with the
Data Centers shall establish a process
for individuals, other than individuals
described in subparagraph (A)(i), to be
determined to be screening-eligible WTC
survivors. Under such process--
``(I) there shall be no fee
charged to the applicant for
making an application for such
determination;
``(II) the Administrator
shall make a determination on
such an application not later
than 60 days after the date of
filing the application;
``(III) the Administrator
shall make such a determination
relating to an applicant's
compliance with this title and
shall not determine that an
individual is not so eligible
or deny written documentation
under clause (ii) to such
individual unless the
Administrator determines that--
``(aa) based on the
application submitted,
the individual does not
meet the eligibility
criteria; or
``(bb) the numerical
limitation on
certifications of
certified-eligible WTC
survivors set forth in
paragraph (3) has been
met; and
``(IV) an individual who is
determined not to be a
screening-eligible WTC survivor
shall have an opportunity to
appeal such determination in a
manner established under such
process.
``(ii) Written documentation of
screening-eligibility.--
``(I) In general.--In the
case of an individual who is
described in subparagraph
(A)(i) or who is determined
under clause (i) (consistent
with paragraph (3)) to be a
screening-eligible WTC
survivor, the WTC Program
Administrator shall provide an
appropriate written
documentation of such fact.
``(II) Timing.--
``(aa) Currently
identified survivors.--
In the case of an
individual who is
described in
subparagraph (A)(i),
the WTC Program
Administrator shall
provide the written
documentation under
subclause (I) not later
than July 1, 2011.
``(bb) Other
members.--In the case
of another individual
who is determined under
clause (i) and
consistent with
paragraph (3) to be a
screening-eligible WTC
survivor, the WTC
Program Administrator
shall provide the
written documentation
under subclause (I) at
the time of such
determination.
``(2) Certified-eligible wtc survivors.--
``(A) Definition.--The term `certified-
eligible WTC survivor' means, subject to
paragraph (3), a screening-eligible WTC
survivor who the WTC Program Administrator
certifies under subparagraph (B) to be eligible
for followup monitoring and treatment under
this part.
``(B) Certification of eligibility for
monitoring and treatment.--
``(i) In general.--The WTC Program
Administrator shall establish a
certification process under which the
Administrator shall provide appropriate
certification to screening-eligible WTC
survivors who, pursuant to the initial
health evaluation under subsection (b),
are determined to be eligible for
followup monitoring and treatment under
this part.
``(ii) Timing.--
``(I) Currently identified
survivors.--In the case of an
individual who is described in
paragraph (1)(A)(i), the WTC
Program Administrator shall
provide the certification under
clause (i) not later than July
1, 2011.
``(II) Other members.--In the
case of another individual who
is determined under clause (i)
to be eligible for followup
monitoring and treatment, the
WTC Program Administrator shall
provide the certification under
such clause at the time of such
determination.
``(3) Numerical limitation on certified-eligible wtc
survivors.--
``(A) In general.--The total number of
individuals not described in paragraph
(1)(A)(i) who may be certified as certified-
eligible WTC survivors under paragraph (2)(B)
shall not exceed 25,000 at any time.
``(B) Process.--In implementing subparagraph
(A), the WTC Program Administrator shall--
``(i) limit the number of
certifications provided under paragraph
(2)(B)--
``(I) in accordance with such
subparagraph; and
``(II) to such number, as
determined by the Administrator
based on the best available
information and subject to
amounts made available under
section 3351, that will ensure
sufficient funds will be
available to provide treatment
and monitoring benefits under
this title, with respect to all
individuals receiving such
certifications through the end
of fiscal year 2020; and
``(ii) provide priority in such
certifications in the order in which
individuals apply for a determination
under paragraph (2)(B).
``(4) Disqualification of individuals on terrorist
watch list.--No individual who is on the terrorist
watch list maintained by the Department of Homeland
Security shall qualify as a screening-eligible WTC
survivor or a certified-eligible WTC survivor. Before
determining any individual to be a screening-eligible
WTC survivor under paragraph (1) or certifying any
individual as a certified eligible WTC survivor under
paragraph (2), the Administrator, in consultation with
the Secretary of Homeland Security, shall determine
whether the individual is on such list.
``(b) Initial Health Evaluation To Determine Eligibility for
Followup Monitoring or Treatment.--
``(1) In general.--In the case of a screening-
eligible WTC survivor, the WTC Program shall provide
for an initial health evaluation to determine if the
survivor has a WTC-related health condition and is
eligible for followup monitoring and treatment benefits
under the WTC Program. Initial health evaluation
protocols under section 3305(a)(2)(A)(ii) shall be
subject to approval by the WTC Program Administrator.
``(2) Initial health evaluation providers.--The
initial health evaluation described in paragraph (1)
shall be provided through a Clinical Center of
Excellence with respect to the individual involved.
``(3) Limitation on initial health evaluation
benefits.--Benefits for an initial health evaluation
under this part for a screening-eligible WTC survivor
shall consist only of a single medical initial health
evaluation consistent with initial health evaluation
protocols described in paragraph (1). Nothing in this
paragraph shall be construed as preventing such an
individual from seeking additional medical initial
health evaluations at the expense of the individual.
``SEC. 3322. FOLLOWUP MONITORING AND TREATMENT OF CERTIFIED-ELIGIBLE
WTC SURVIVORS FOR WTC-RELATED HEALTH CONDITIONS.
``(a) In General.--Subject to subsection (b), the provisions
of sections 3311 and 3312 shall apply to followup monitoring
and treatment of WTC-related health conditions for certified-
eligible WTC survivors in the same manner as such provisions
apply to the monitoring and treatment of WTC-related health
conditions for enrolled WTC responders.
``(b) List of WTC-Related Health Conditions for Survivors.--
The list of health conditions for screening-eligible WTC
survivors and certified-eligible WTC survivors consists of the
following:
``(1) Aerodigestive disorders.--
``(A) Interstitial lung diseases.
``(B) Chronic respiratory disorder--fumes/
vapors.
``(C) Asthma.
``(D) Reactive airways dysfunction syndrome
(RADS).
``(E) WTC-exacerbated chronic obstructive
pulmonary disease (COPD).
``(F) Chronic cough syndrome.
``(G) Upper airway hyperreactivity.
``(H) Chronic rhinosinusitis.
``(I) Chronic nasopharyngitis.
``(J) Chronic laryngitis.
``(K) Gastroesophageal reflux disorder
(GERD).
``(L) Sleep apnea exacerbated by or related
to a condition described in a previous clause.
``(2) Mental health conditions.--
``(A) Posttraumatic stress disorder (PTSD).
``(B) Major depressive disorder.
``(C) Panic disorder.
``(D) Generalized anxiety disorder.
``(E) Anxiety disorder (not otherwise
specified).
``(F) Depression (not otherwise specified).
``(G) Acute stress disorder.
``(H) Dysthymic disorder.
``(I) Adjustment disorder.
``(J) Substance abuse.
``(3) Additional conditions.--Any cancer (or type of
cancer) or other condition added to the list in section
3312(a)(3) pursuant to paragraph (5) or (6) of section
3312(a), as such provisions are applied under
subsection (a) with respect to certified-eligible WTC
survivors.
``SEC. 3323. FOLLOWUP MONITORING AND TREATMENT OF OTHER INDIVIDUALS
WITH WTC-RELATED HEALTH CONDITIONS.
``(a) In General.--Subject to subsection (c), the provisions
of section 3322 shall apply to the followup monitoring and
treatment of WTC-related health conditions in the case of
individuals described in subsection (b) in the same manner as
such provisions apply to the followup monitoring and treatment
of WTC-related health conditions for certified-eligible WTC
survivors.
``(b) Individuals Described.--An individual described in this
subsection is an individual who, regardless of location of
residence--
``(1) is not an enrolled WTC responder or a
certified-eligible WTC survivor; and
``(2) is diagnosed at a Clinical Center of Excellence
with a WTC-related health condition for certified-
eligible WTC survivors.
``(c) Limitation.--
``(1) In general.--The WTC Program Administrator
shall limit benefits for any fiscal year under
subsection (a) in a manner so that payments under this
section for such fiscal year do not exceed the amount
specified in paragraph (2) for such fiscal year.
``(2) Limitation.--The amount specified in this
paragraph for--
``(A) the last calendar quarter of fiscal
year 2011 is $5,000,000;
``(B) fiscal year 2012 is $20,000,000; or
``(C) a succeeding fiscal year is the amount
specified in this paragraph for the previous
fiscal year increased by the annual percentage
increase in the medical care component of the
consumer price index for all urban consumers.
``PART 3--PAYOR PROVISIONS
``SEC. 3331. PAYMENT OF CLAIMS.
``(a) In General.--Except as provided in subsections (b) and
(c), the cost of monitoring and treatment benefits and initial
health evaluation benefits provided under parts 1 and 2 of this
subtitle shall be paid for by the WTC Program from the World
Trade Center Health Program Fund.
``(b) Workers' Compensation Payment.--
``(1) In general.--Subject to paragraph (2), payment
for treatment under parts 1 and 2 of this subtitle of a
WTC-related health condition of an individual that is
work-related shall be reduced or recouped to the extent
that the WTC Program Administrator determines that
payment has been made, or can reasonably be expected to
be made, under a workers' compensation law or plan of
the United States, a State, or a locality, or other
work-related injury or illness benefit plan of the
employer of such individual, for such treatment. The
provisions of clauses (iii), (iv), (v), and (vi) of
paragraph (2)(B) of section 1862(b) of the Social
Security Act and paragraphs (3) and (4) of such section
shall apply to the recoupment under this subsection of
a payment to the WTC Program (with respect to a
workers' compensation law or plan, or other work-
related injury or illness plan of the employer
involved, and such individual) in the same manner as
such provisions apply to the reimbursement of a payment
under section 1862(b)(2) of such Act to the Secretary
(with respect to such a law or plan and an individual
entitled to benefits under title XVIII of such Act)
except that any reference in such paragraph (4) to
payment rates under title XVIII of the Social Security
Act shall be deemed a reference to payment rates under
this title.
``(2) Exception.--Paragraph (1) shall not apply for
any quarter, with respect to any workers' compensation
law or plan, including line of duty compensation, to
which New York City is obligated to make payments, if,
in accordance with terms specified under the contract
under subsection (d)(1)(A), New York City has made the
full payment required under such contract for such
quarter.
``(3) Rules of construction.--Nothing in this title
shall be construed to affect, modify, or relieve any
obligations under a worker's compensation law or plan,
other work-related injury or illness benefit plan of an
employer, or any health insurance plan.
``(c) Health Insurance Coverage.--
``(1) In general.--In the case of an individual who
has a WTC-related health condition that is not work-
related and has health coverage for such condition
through any public or private health plan (including
health benefits under title XVIII, XIX, or XXI of the
Social Security Act) the provisions of section 1862(b)
of the Social Security Act shall apply to such a health
plan and such individual in the same manner as they
apply to group health plan and an individual entitled
to benefits under title XVIII of such Act pursuant to
section 226(a) of such Act. Any costs for items and
services covered under such plan that are not
reimbursed by such health plan, due to the application
of deductibles, copayments, coinsurance, other cost
sharing, or otherwise, are reimbursable under this
title to the extent that they are covered under the WTC
Program. The program under this title shall not be
treated as a legally liable party for purposes of
applying section 1902(a)(25) of the Social Security
Act.
``(2) Recovery by individual providers.--Nothing in
paragraph (1) shall be construed as requiring an entity
providing monitoring and treatment under this title to
seek reimbursement under a health plan with which the
entity has no contract for reimbursement.
``(3) Maintenance of required minimum essential
coverage.--No payment may be made for monitoring and
treatment under this title for an individual for a
month (beginning with July 2014) if with respect to
such month the individual--
``(A) is an applicable individual (as defined
in subsection (d) of section 5000A of Internal
Revenue Code of 1986) for whom the exemption
under subsection (e) of such section does not
apply; and
``(B) is not covered under minimum essential
coverage, as required under subsection (a) of
such section.
``(d) Required Contribution by New York City in Program
Costs.--
``(1) Contract requirement.--
``(A) In general.--No funds may be disbursed
from the World Trade Center Health Program Fund
under section 3351 unless New York City has
entered into a contract with the WTC Program
Administrator under which New York City agrees,
in a form and manner specified by the
Administrator, to pay the full contribution
described in subparagraph (B) in accordance
with this subsection on a timely basis, plus
any interest owed pursuant to subparagraph
(E)(i). Such contract shall specify the terms
under which New York City shall be considered
to have made the full payment required for a
quarter for purposes of subsection (b)(2).
``(B) Full contribution amount.--Under such
contract, with respect to the last calendar
quarter of fiscal year 2011 and each calendar
quarter in fiscal years 2012 through 2018 the
full contribution amount under this
subparagraph shall be equal to 10 percent of
the expenditures in carrying out this title for
the respective quarter and with respect to
calendar quarters in fiscal years 2019 and
2020, such full contribution amount shall be
equal to \1/9\ of the Federal expenditures in
carrying out this title for the respective
quarter.
``(C) Satisfaction of payment obligation.--
The payment obligation under such contract may
not be satisfied through any of the following:
``(i) An amount derived from Federal
sources.
``(ii) An amount paid before the date
of the enactment of this title.
``(iii) An amount paid to satisfy a
judgment or as part of a settlement
related to injuries or illnesses
arising out of the September 11, 2001,
terrorist attacks.
``(D) Timing of contribution.--The payment
obligation under such contract for a calendar
quarter in a fiscal year shall be paid not
later than the last day of the second
succeeding calendar quarter.
``(E) Compliance.--
``(i) Interest for late payment.--If
New York City fails to pay to the WTC
Program Administrator pursuant to such
contract the amount required for any
calendar quarter by the day specified
in subparagraph (D), interest shall
accrue on the amount not so paid at the
rate (determined by the Administrator)
based on the average yield to maturity,
plus 1 percentage point, on outstanding
municipal bonds issued by New York City
with a remaining maturity of at least 1
year.
``(ii) Recovery of amounts owed.--
The amounts owed to the WTC Program
Administrator under such contract shall
be recoverable by the United States in
an action in the same manner as
payments made under title XVIII of the
Social Security Act may be recoverable
in an action brought under section
1862(b)(2)(B)(iii) of such Act.
``(F) Deposit in fund.--The WTC Program
Administer shall deposit amounts paid under
such contract into the World Trade Center
Health Program Fund under section 3351.
``(2) Payment of new york city share of monitoring
and treatment costs.--With respect to each calendar
quarter for which a contribution is required by New
York City under the contract under paragraph (1), the
WTC Program Administrator shall--
``(A) provide New York City with an estimate
of such amount of the required contribution at
the beginning of such quarter and with an
updated estimate of such amount at the
beginning of each of the subsequent 2 quarters;
``(B) bill such amount directly to New York
City; and
``(C) certify periodically, for purposes of
this subsection, whether or not New York City
has paid the amount so billed.
Such amount shall initially be estimated by the WTC
Program Administrator and shall be subject to
adjustment and reconciliation based upon actual
expenditures in carrying out this title.
``(3) Rule of construction.--Nothing in this
subsection shall be construed as authorizing the WTC
Administrator, with respect to a fiscal year, to reduce
the numerical limitation under section 3311(a)(4) or
3321(a)(3) for such fiscal year if New York City fails
to comply with paragraph (1) for a calendar quarter in
such fiscal year.
``(e) Work-Related Described.--For the purposes of this
section, a WTC-related health condition shall be treated as a
condition that is work-related if--
``(1) the condition is diagnosed in an enrolled WTC
responder, or in an individual who qualifies as a
certified-eligible WTC survivor on the basis of being a
rescue, recovery, or cleanup worker; or
``(2) with respect to the condition the individual
has filed and had established a claim under a workers'
compensation law or plan of the United States or a
State, or other work-related injury or illness benefit
plan of the employer of such individual.
``SEC. 3332. ADMINISTRATIVE ARRANGEMENT AUTHORITY.
``The WTC Program Administrator may enter into arrangements
with other government agencies, insurance companies, or other
third-party administrators to provide for timely and accurate
processing of claims under sections 3312, 3313, 3322, and 3323.
``Subtitle C--Research Into Conditions
``SEC. 3341. RESEARCH REGARDING CERTAIN HEALTH CONDITIONS RELATED TO
SEPTEMBER 11 TERRORIST ATTACKS.
``(a) In General.--With respect to individuals, including
enrolled WTC responders and certified-eligible WTC survivors,
receiving monitoring or treatment under subtitle B, the WTC
Program Administrator shall conduct or support--
``(1) research on physical and mental health
conditions that may be related to the September 11,
2001, terrorist attacks;
``(2) research on diagnosing WTC-related health
conditions of such individuals, in the case of
conditions for which there has been diagnostic
uncertainty; and
``(3) research on treating WTC-related health
conditions of such individuals, in the case of
conditions for which there has been treatment
uncertainty.
The Administrator may provide such support through continuation
and expansion of research that was initiated before the date of
the enactment of this title and through the World Trade Center
Health Registry (referred to in section 3342), through a
Clinical Center of Excellence, or through a Data Center.
``(b) Types of Research.--The research under subsection
(a)(1) shall include epidemiologic and other research studies
on WTC-related health conditions or emerging conditions--
``(1) among enrolled WTC responders and certified-
eligible WTC survivors under treatment; and
``(2) in sampled populations outside the New York
City disaster area in Manhattan as far north as 14th
Street and in Brooklyn, along with control populations,
to identify potential for long-term adverse health
effects in less exposed populations.
``(c) Consultation.--The WTC Program Administrator shall
carry out this section in consultation with the WTC Scientific/
Technical Advisory Committee.
``(d) Application of Privacy and Human Subject Protections.--
The privacy and human subject protections applicable to
research conducted under this section shall not be less than
such protections applicable to research conducted or funded by
the Department of Health and Human Services.
``SEC. 3342. WORLD TRADE CENTER HEALTH REGISTRY.
``For the purpose of ensuring ongoing data collection
relating to victims of the September 11, 2001, terrorist
attacks, the WTC Program Administrator shall ensure that a
registry of such victims is maintained that is at least as
comprehensive as the World Trade Center Health Registry
maintained under the arrangements in effect as of April 20,
2009, with the New York City Department of Health and Mental
Hygiene.
``Subtitle D--Funding
``SEC. 3351. WORLD TRADE CENTER HEALTH PROGRAM FUND.
``(a) Establishment of Fund.--
``(1) In general.--There is established a fund to be
known as the World Trade Center Health Program Fund
(referred to in this section as the `Fund').
``(2) Funding.--Out of any money in the Treasury not
otherwise appropriated, there shall be deposited into
the Fund for each of fiscal years 2012 through 2020
(and the last calendar quarter of fiscal year 2011)--
``(A) the Federal share, consisting of an
amount equal to the lesser of--
``(i) 90 percent of the expenditures
in carrying out this title for the
respective fiscal year (initially based
on estimates, subject to subsequent
reconciliation based on actual
expenditures); or
``(ii)(I) $71,000,000 for the last
calendar quarter of fiscal year 2011,
$318,000,000 for fiscal year 2012,
$354,000,000 for fiscal year 2013,
$382,000,000 for fiscal year 2014,
$431,000,000 for fiscal year 2015,
$481,000,000 for fiscal year 2016,
$537,000,000 for fiscal year 2017,
$601,000,000 for fiscal year 2018, and
$173,000,000 for fiscal year 2019; and
``(II) subject to paragraph (4), an
additional $499,000,000 for fiscal year
2019 and $743,000,000 for fiscal year
2020; plus
``(B) the New York City share, consisting of
the amount contributed under the contract under
section 3331(d).
``(3) Contract requirement.--
``(A) In general.--No funds may be disbursed
from the Fund unless New York City has entered
into a contract with the WTC Program
Administrator under section 3331(d)(1).
``(B) Breach of contract.-- In the case of a
failure to pay the amount so required under the
contract--
``(i) the amount is recoverable under
subparagraph (E)(ii) of such section;
``(ii) such failure shall not affect
the disbursement of amounts from the
Fund; and
``(iii) the Federal share described
in paragraph (2)(A) shall not be
increased by the amount so unpaid.
``(4) Aggregate limitation on funding beginning with
fiscal year 2019.--Beginning with fiscal year 2019, in
no case shall the share of Federal funds deposited into
the Fund under paragraph (2) for such fiscal year and
previous fiscal years and quarters exceed the sum of
the amounts specified in paragraph (2)(A)(ii)(I).
``(b) Mandatory Funds for Monitoring, Initial Health
Evaluations, Treatment, and Claims Processing.--
``(1) In general.--The amounts deposited into the
Fund under subsection (a)(2) shall be available,
without further appropriation, consistent with
paragraph (2) and subsection (c), to carry out subtitle
B and sections 3302(a), 3303, 3304, 3305(a)(2),
3305(c), 3341, and 3342.
``(2) Limitation on mandatory funding.--This title
does not establish any Federal obligation for payment
of amounts in excess of the amounts available from the
Fund for such purpose.
``(3) Limitation on authorization for further
appropriations.--This title does not establish any
authorization for appropriation of amounts in excess of
the amounts available from the Fund under paragraph
(1).
``(c) Limits on Spending for Certain Purposes.--Of the
amounts made available under subsection (b)(1), not more than
each of the following amounts may be available for each of the
following purposes:
``(1) Surviving immediate family members of
firefighters.--For the purposes of carrying out
subtitle B with respect to WTC responders described in
section 3311(a)(2)(A)(ii)--
``(A) for the last calendar quarter of fiscal
year 2011, $100,000;
``(B) for fiscal year 2012, $400,000; and
``(C) for each subsequent fiscal year, the
amount specified under this paragraph for the
previous fiscal year increased by the
percentage increase in the consumer price index
for all urban consumers (all items; United
States city average) as estimated by the
Secretary for the 12-month period ending with
March of the previous year.
``(2) WTC health program scientific/technical
advisory committee.--For the purpose of carrying out
section 3302(a)--
``(A) for the last calendar quarter of fiscal
year 2011, $25,000;
``(B) for fiscal year 2012, $100,000; and
``(C) for each subsequent fiscal year, the
amount specified under this paragraph for the
previous fiscal year increased by the
percentage increase in the consumer price index
for all urban consumers (all items; United
States city average) as estimated by the
Secretary for the 12-month period ending with
March of the previous year.
``(3) Education and outreach.--For the purpose of
carrying out section 3303--
``(A) for the last calendar quarter of fiscal
year 2011, $500,000;
``(B) for fiscal year 2012, $2,000,000; and
``(C) for each subsequent fiscal year, the
amount specified under this paragraph for the
previous fiscal year increased by the
percentage increase in the consumer price index
for all urban consumers (all items; United
States city average) as estimated by the
Secretary for the 12-month period ending with
March of the previous year.
``(4) Uniform data collection.--For the purpose of
carrying out section 3304 and for reimbursing Data
Centers (as defined in section 3305(b)(2)) for the
costs incurred by such Centers in carrying out
activities under contracts entered into under section
3305(a)(2)--
``(A) for the last calendar quarter of fiscal
year 2011, $2,500,000;
``(B) for fiscal year 2012, $10,000,000; and
``(C) for each subsequent fiscal year, the
amount specified under this paragraph for the
previous fiscal year increased by the
percentage increase in the consumer price index
for all urban consumers (all items; United
States city average) as estimated by the
Secretary for the 12-month period ending with
March of the previous year.
``(5) Research regarding certain health conditions.--
For the purpose of carrying out section 3341--
``(A) for the last calendar quarter of fiscal
year 2011, $3,750,000;
``(B) for fiscal year 2012, $15,000,000; and
``(C) for each subsequent fiscal year, the
amount specified under this paragraph for the
previous fiscal year increased by the
percentage increase in the consumer price index
for all urban consumers (all items; United
States city average) as estimated by the
Secretary for the 12-month period ending with
March of the previous year.
``(6) World trade center health registry.--For the
purpose of carrying out section 3342--
``(A) for the last calendar quarter of fiscal
year 2011, $1,750,000;
``(B) for fiscal year 2012, $7,000,000; and
``(C) for each subsequent fiscal year, the
amount specified under this paragraph for the
previous fiscal year increased by the
percentage increase in the consumer price index
for all urban consumers (all items; United
States city average) as estimated by the
Secretary for the 12-month period ending with
March of the previous year.''.
TITLE II--SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001
SEC. 201. DEFINITIONS.
Section 402 of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) in paragraph (6) by inserting ``, or debris
removal, including under the World Trade Center Health
Program established under section 3001 of the Public
Health Service Act, and payments made pursuant to the
settlement of a civil action described in section
405(c)(3)(C)(iii)'' after ``September 11, 2001'';
(2) by inserting after paragraph (6) the following
new paragraphs and redesignating subsequent paragraphs
accordingly:
``(7) Contractor and subcontractor.--The term
`contractor and subcontractor' means any contractor or
subcontractor (at any tier of a subcontracting
relationship), including any general contractor,
construction manager, prime contractor, consultant, or
any parent, subsidiary, associated or allied company,
affiliated company, corporation, firm, organization, or
joint venture thereof that participated in debris
removal at any 9/11 crash site. Such term shall not
include any entity, including the Port Authority of New
York and New Jersey, with a property interest in the
World Trade Center, on September 11, 2001, whether fee
simple, leasehold or easement, direct or indirect.
``(8) Debris removal.--The term `debris removal'
means rescue and recovery efforts, removal of debris,
cleanup, remediation, and response during the immediate
aftermath of the terrorist-related aircraft crashes of
September 11, 2001, with respect to a 9/11 crash
site.'';
(3) by inserting after paragraph (10), as so
redesignated, the following new paragraph and
redesignating the subsequent paragraphs accordingly:
``(11) Immediate aftermath.--The term `immediate
aftermath' means any period beginning with the
terrorist-related aircraft crashes of September 11,
2001, and ending on August 30, 2002.''; and
(4) by adding at the end the following new paragraph:
``(14) 9/11 crash site.--The term `9/11 crash site'
means--
``(A) the World Trade Center site, Pentagon
site, and Shanksville, Pennsylvania site;
``(B) the buildings or portions of buildings
that were destroyed as a result of the
terrorist-related aircraft crashes of September
11, 2001;
``(C) any area contiguous to a site of such
crashes that the Special Master determines was
sufficiently close to the site that there was a
demonstrable risk of physical harm resulting
from the impact of the aircraft or any
subsequent fire, explosions, or building
collapses (including the immediate area in
which the impact occurred, fire occurred,
portions of buildings fell, or debris fell upon
and injured individuals); and
``(D) any area related to, or along, routes
of debris removal, such as barges and Fresh
Kills.''.
SEC. 202. EXTENDED AND EXPANDED ELIGIBILITY FOR COMPENSATION.
(a) Information on Losses Resulting From Debris Removal
Included in Contents of Claim Form.--Section 405(a)(2)(B) of
the Air Transportation Safety and System Stabilization Act (49
U.S.C. 40101 note) is amended--
(1) in clause (i), by inserting ``, or debris removal
during the immediate aftermath'' after ``September 11,
2001'';
(2) in clause (ii), by inserting ``or debris removal
during the immediate aftermath'' after ``crashes''; and
(3) in clause (iii), by inserting ``or debris removal
during the immediate aftermath'' after ``crashes''.
(b) Extension of Deadline for Claims Under September 11th
Victim Compensation Fund of 2001.--Section 405(a)(3) of such
Act is amended to read as follows:
``(3) Limitation.--
``(A) In general.--Except as provided by
subparagraph (B), no claim may be filed under
paragraph (1) after the date that is 2 years
after the date on which regulations are
promulgated under section 407(a).
``(B) Exception.--A claim may be filed under
paragraph (1), in accordance with subsection
(c)(3)(A)(i), by an individual (or by a
personal representative on behalf of a deceased
individual) during the period beginning on the
date on which the regulations are updated under
section 407(b) and ending on December 22,
2031.''.
(c) Requirements for Filing Claims During Extended Filing
Period.--Section 405(c)(3) of such Act is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph:
``(A) Requirements for filing claims during
extended filing period.--
``(i) Timing requirements for filing
claims.--An individual (or a personal
representative on behalf of a deceased
individual) may file a claim during the
period described in subsection
(a)(3)(B) as follows:
``(I) In the case that the
Special Master determines the
individual knew (or reasonably
should have known) before the
date specified in clause (iii)
that the individual suffered a
physical harm at a 9/11 crash
site as a result of the
terrorist-related aircraft
crashes of September 11, 2001,
or as a result of debris
removal, and that the
individual knew (or should have
known) before such specified
date that the individual was
eligible to file a claim under
this title, the individual may
file a claim not later than the
date that is 2 years after such
specified date.
``(II) In the case that the
Special Master determines the
individual first knew (or
reasonably should have known)
on or after the date specified
in clause (iii) that the
individual suffered such a
physical harm or that the
individual first knew (or
should have known) on or after
such specified date that the
individual was eligible to file
a claim under this title, the
individual may file a claim not
later than the last day of the
2-year period beginning on the
date the Special Master
determines the individual first
knew (or should have known)
that the individual both
suffered from such harm and was
eligible to file a claim under
this title.
``(ii) Other eligibility requirements
for filing claims.--An individual may
file a claim during the period
described in subsection (a)(3)(B) only
if--
``(I) the individual was
treated by a medical
professional for suffering from
a physical harm described in
clause (i)(I) within a
reasonable time from the date
of discovering such harm; and
``(II) the individual's
physical harm is verified by
contemporaneous medical records
created by or at the direction
of the medical professional who
provided the medical care.
``(iii) Date specified.--The date
specified in this clause is the date on
which the regulations are updated under
section 407(a).''.
(d) Clarifying Applicability to All 9/11 Crash Sites.--
Section 405(c)(2)(A)(i) of such Act is amended by striking ``or
the site of the aircraft crash at Shanksville, Pennsylvania''
and inserting ``the site of the aircraft crash at Shanksville,
Pennsylvania, or any other 9/11 crash site''.
(e) Inclusion of Physical Harm Resulting From Debris
Removal.--Section 405(c) of such Act is amended in paragraph
(2)(A)(ii), by inserting ``or debris removal'' after ``air
crash''.
(f) Limitations on Civil Actions.--
(1) Application to damages related to debris
removal.--Clause (i) of section 405(c)(3)(C) of such
Act, as redesignated by subsection (c), is amended by
inserting ``, or for damages arising from or related to
debris removal'' after ``September 11, 2001''.
(2) Pending actions.--Clause (ii) of such section, as
so redesignated, is amended to read as follows:
``(ii) Pending actions.--In the case
of an individual who is a party to a
civil action described in clause (i),
such individual may not submit a claim
under this title--
``(I) during the period
described in subsection
(a)(3)(A) unless such
individual withdraws from such
action by the date that is 90
days after the date on which
regulations are promulgated
under section 407(a); and
``(II) during the period
described in subsection
(a)(3)(B) unless such
individual withdraws from such
action by the date that is 90
days after the date on which
the regulations are updated
under section 407(b).''.
(3) Settled actions; authority to reinstitute certain
lawsuits.--Such section, as so redesignated, is further
amended by adding at the end the following new clauses:
``(iii) Settled actions.--In the case
of an individual who settled a civil
action described in clause (i), such
individual may not submit a claim under
this title unless such action was
commenced after December 22, 2003, and
a release of all claims in such action
was tendered prior to the date on which
the James Zadroga 9/11 Health and
Compensation Act of 2010 was enacted.
``(iv) Authority to reinstitute
certain lawsuits.--In the case of a
claimant who was a party to a civil
action described in clause (i), who
withdrew from such action pursuant to
clause (ii), and who is subsequently
determined to not be an eligible
individual for purposes of this
subsection, such claimant may
reinstitute such action without
prejudice during the 90-day period
beginning after the date of such
ineligibility determination.''.
SEC. 203. REQUIREMENT TO UPDATE REGULATIONS.
Section 407 of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) by striking ``Not later than'' and inserting
``(a) In General.--Not later than''; and
(2) by adding at the end the following new
subsection:
``(b) Updated Regulations.--Not later than 90 days after the
date of the enactment of the James Zadroga 9/11 Health and
Compensation Act of 2010, the Special Master shall update the
regulations promulgated under subsection (a) to the extent
necessary to comply with the provisions of title II of such
Act.''.
SEC. 204. LIMITED LIABILITY FOR CERTAIN CLAIMS.
Section 408(a) of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended by adding
at the end the following new paragraphs:
``(4) Liability for certain claims.--Notwithstanding
any other provision of law, liability for all claims
and actions (including claims or actions that have been
previously resolved, that are currently pending, and
that may be filed through December 22, 2031) for
compensatory damages, contribution or indemnity, or any
other form or type of relief, arising from or related
to debris removal, against the City of New York, any
entity (including the Port Authority of New York and
New Jersey) with a property interest in the World Trade
Center on September 11, 2001 (whether fee simple,
leasehold or easement, or direct or indirect) and any
contractors and subcontractors, shall not be in an
amount that exceeds the sum of the following, as may be
applicable:
``(A) The amount of funds of the WTC Captive
Insurance Company, including the cumulative
interest.
``(B) The amount of all available insurance
identified in schedule 2 of the WTC Captive
Insurance Company insurance policy.
``(C) As it relates to the limitation of
liability of the City of New York, the amount
that is the greater of the City of New York's
insurance coverage or $350,000,000. In
determining the amount of the City's insurance
coverage for purposes of the previous sentence,
any amount described in clauses (i) and (ii)
shall not be included.
``(D) As it relates to the limitation of
liability of any entity, including the Port
Authority of New York and New Jersey, with a
property interest in the World Trade Center on
September 11, 2001 (whether fee simple,
leasehold or easement, or direct or indirect),
the amount of all available liability insurance
coverage maintained by any such entity.
``(E) As it relates to the limitation of
liability of any individual contractor or
subcontractor, the amount of all available
liability insurance coverage maintained by such
contractor or subcontractor on September 11,
2001.
``(5) Priority of claims payments.--Payments to
plaintiffs who obtain a settlement or judgment with
respect to a claim or action to which paragraph (4)(A)
applies, shall be paid solely from the following funds
in the following order, as may be applicable:
``(A) The funds described in clause (i) or
(ii) of paragraph (4)(A).
``(B) If there are no funds available as
described in clause (i) or (ii) of paragraph
(4)(A), the funds described in clause (iii) of
such paragraph.
``(C) If there are no funds available as
described in clause (i), (ii), or (iii) of
paragraph (4)(A), the funds described in clause
(iv) of such paragraph.
``(D) If there are no funds available as
described in clause (i), (ii), (iii), or (iv)
of paragraph (4)(A), the funds described in
clause (v) of such paragraph.
``(6) Declaratory judgment actions and direct
action.--Any party to a claim or action to which
paragraph (4)(A) applies may, with respect to such
claim or action, either file an action for a
declaratory judgment for insurance coverage or bring a
direct action against the insurance company
involved.''.
SEC. 205. FUNDING; ATTORNEY FEES.
Section 406 of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) in subsection (a), by striking ``Not later than''
and inserting ``Subject to the limitations under
subsection (d), not later than'';
(2) in subsection (b)--
(A) by inserting ``in the amounts provided
under subsection (d)(1)'' after
``appropriations Acts''; and
(B) by inserting ``subject to the limitations
under subsection (d)'' before the period; and
(3) by adding at the end the following new
subsections:
``(d) Limitation.--
``(1) In general.--The total amount of Federal funds
paid for compensation under this title, with respect to
claims filed on or after the date on which the
regulations are updated under section 407(b), shall not
exceed $8,400,000,000. Of such amounts, $4,200,000,000
shall be available to pay such claims during the 10-
year period beginning on such date and $4,200,000,000
shall be available to pay such claims after such
period.
``(2) Pro-ration and payment of remaining claims.--
``(A) In general.--With respect to the one-
year period beginning on the date on which the
first payment is made under this title for
claims filed pursuant to the regulations
updated under section 407(b), the Special
Master shall examine the total number of such
claims paid during such period and the amounts
of the payments made for such claims to project
the total number and amount of claims expected
to be paid under this title during the 10-year
period described in paragraph (1). If, based on
such projection, the Special Master determines
that there will be insufficient funds available
under paragraph (1) to pay such claims during
such 10-year period, beginning on the first day
following such one-year period, the Special
Master shall ratably reduce the amount of
compensation due claimants under this title in
a manner to ensure, to the extent possible,
that--
``(i) all claimants who, before
application of the limitation under the
second sentence of paragraph (1), would
have been determined to be entitled to
a payment under this title during such
10-year period, receive a payment
during such period; and
``(ii) the total amount of all such
payments made during such 10-year
period do not exceed the amount
available under the second sentence of
paragraph (1) to pay claims during such
period.
``(B) Payment of remainder of claim
amounts.--In any case in which the amount of a
claim is ratably reduced pursuant to
subparagraph (A), on or after the first day
after the 10-year period described in paragraph
(1), the Special Master shall pay to the
claimant the amount that is equal to the
difference between--
``(i) the amount that the claimant
would have been paid under this title
during such period without regard to
the limitation under the second
sentence of paragraph (1) applicable to
such period; and
``(ii) the amount the claimant was
paid under this title during such
period.
``(e) Attorney Fees.--
``(1) In general.--Notwithstanding any contract, and
except as provided in paragraphs (2) and (3), the
representative of an individual may not charge, for
services rendered in connection with the claim of an
individual under this title, more than 10 percent of an
award made under this title on such claim.
``(2) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), in the case of an individual
who was charged a legal fee in connection with
the settlement of a civil action described in
section 405(c)(3)(C)(iii), the representative
of the individual may not charge any amount for
compensation for services rendered in
connection with a claim filed under this title.
``(B) Exception.--If the legal fee charged in
connection with the settlement of a civil
action described in section 405(c)(3)(C)(iii)
of an individual is less than 10 percent of the
aggregate amount of compensation awarded to
such individual through such settlement and the
claim of the individual under this title, the
representative of such individual may charge an
amount for compensation for services rendered
in connection with such claim under this title
to the extent that such amount charged is not
more than--
``(i) 10 percent of such aggregate
amount, minus
``(ii) the total amount of all legal
fees charged for services rendered in
connection with such settlement.
``(3) Exception.--With respect to a claim made on
behalf of an individual for whom a lawsuit was filed in
the Southern District of New York prior to January 1,
2009, in the event that the representative believes in
good faith that the fee limit set by paragraph (1) or
(2) will not provide adequate compensation for services
rendered in connection with such claim because of the
substantial amount of legal work provided on behalf of
the claimant (including work performed before the
enactment of this legislation), application for greater
compensation may be made to the Special Master. Upon
such application, the Special Master may, in his or her
discretion, award as reasonable compensation for
services rendered an amount greater than that allowed
for in paragraph (1). Such fee award will be final,
binding, and non-appealable.''.
TITLE III--LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE
PAYMENTS; TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES
SEC. 301. LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE
PAYMENTS.
(a) In General.--Section 894 of the Internal Revenue Code of
1986 (relating to income affected by treaty) is amended by
adding at the end the following new subsection:
``(d) Limitation on Treaty Benefits for Certain Deductible
Payments.--
``(1) In general.--In the case of any deductible
related-party payment, any withholding tax imposed
under chapter 3 (and any tax imposed under subpart A or
B of this part) with respect to such payment may not be
reduced under any treaty of the United States unless
any such withholding tax would be reduced under a
treaty of the United States if such payment were made
directly to the foreign parent corporation.
``(2) Deductible related-party payment.--For purposes
of this subsection, the term `deductible related-party
payment' means any payment made, directly or
indirectly, by any person to any other person if the
payment is allowable as a deduction under this chapter
and both persons are members of the same foreign
controlled group of entities.
``(3) Foreign controlled group of entities.--For
purposes of this subsection--
``(A) In general.--The term `foreign
controlled group of entities' means a
controlled group of entities the common parent
of which is a foreign corporation.
``(B) Controlled group of entities.--The term
`controlled group of entities' means a
controlled group of corporations as defined in
section 1563(a)(1), except that--
``(i) `more than 50 percent' shall be
substituted for `at least 80 percent'
each place it appears therein, and
``(ii) the determination shall be
made without regard to subsections
(a)(4) and (b)(2) of section 1563.
A partnership or any other entity (other than a
corporation) shall be treated as a member of a
controlled group of entities if such entity is
controlled (within the meaning of section
954(d)(3)) by members of such group (including
any entity treated as a member of such group by
reason of this sentence).
``(4) Foreign parent corporation.--For purposes of
this subsection, the term `foreign parent corporation'
means, with respect to any deductible related-party
payment, the common parent of the foreign controlled
group of entities referred to in paragraph (3)(A).
``(5) Regulations.--The Secretary may prescribe such
regulations or other guidance as are necessary or
appropriate to carry out the purposes of this
subsection, including regulations or other guidance
which provide for--
``(A) the treatment of two or more persons as
members of a foreign controlled group of
entities if such persons would be the common
parent of such group if treated as one
corporation, and
``(B) the treatment of any member of a
foreign controlled group of entities as the
common parent of such group if such treatment
is appropriate taking into account the economic
relationships among such entities.''.
(b) Effective Date.--The amendment made by this section shall
apply to payments made after the date of the enactment of this
Act.
SEC. 302. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
The percentage under paragraph (2) of section 561 of the
Hiring Incentives to Restore Employment Act in effect on the
date of the enactment of this Act is increased by 3 percentage
points.
TITLE IV--BUDGETARY EFFECTS
SEC. 401. COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO ACT OF 2010.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.