II 

118TH CONGRESS 

2D SESSION S. 4724 

To amend title XXXIII of the Public Health Service Act with respect to 

flexibility and funding for the World Trade Center Health Program. 

IN THE SENATE OF THE UNITED STATES 

JULY 11 (legislative day, JULY 10), 2024 

Mrs. GILLIBRAND (for herself, Mr. SCHUMER, Mr. CASEY, Mr. WARNER, Mr. 

KAINE, and Mr. BRAUN) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To amend title XXXIII of the Public Health Service Act 

with respect to flexibility and funding for the World 

Trade Center Health Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘9/11 Responder and 

5 Survivor Health Funding Correction Act of 2024’’. 


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1 SEC. 2. FLEXIBILITY FOR MENTAL HEALTH CONDITION 

2 CERTIFICATIONS UNDER THE WORLD TRADE 

3 CENTER HEALTH PROGRAM. 

4 (a) IN GENERAL.—Section 3305(a) of the Public 

5 Health Service Act (42 U.S.C. 300mm–4(a)) is amend6 ed— 

7 (1) in paragraph (1)(A), by inserting ‘‘subject 

8 to paragraph (6),’’ before ‘‘for’’; and 

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

10 ‘‘(6) LICENSED MENTAL HEALTH PROVIDER

11 FLEXIBILITY FOR MENTAL HEALTH CONDITION CER12 TIFICATIONS.— 

13 ‘‘(A) IN GENERAL.—For purposes of an 

14 initial health evaluation described in paragraph 

15 (1)(A) with respect to a mental health condition 

16 (including any such evaluation provided under 

17 section 3321(b) or through the nationwide net18 work under section 3313), such evaluation may 

19 be conducted by a physician or any other li20 censed mental health provider in a category of 

21 mental health care providers determined by the 

22 WTC Program Administrator under subpara23 graph (B). 

24 ‘‘(B) CATEGORIES OF LICENSED MENTAL

25 HEALTH PROVIDERS.—Not later than 180 days 

26 after the date of enactment of the 9/11 ReVerDate Sep 11 2014 19:40 Aug 19, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4724.IS S4724

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1 sponder and Survivor Health Funding Correc2 tion Act of 2024, the WTC Program Adminis3 trator shall issue regulations for the categories 

4 of licensed mental health providers who, in ad5 dition to licensed physicians, may conduct eval6 uations under subparagraph (A) with respect to 

7 a mental health condition and make determina8 tions under section 3312(b) with respect to 

9 such a condition.’’. 

10 (b) FLEXIBILITY FOR WTC RESPONDERS.—Section 

11 3312(b) of such Act (42 U.S.C. 300mm–22(b)) is amend12 ed— 

13 (1) in paragraph (1)(A)— 

14 (A) in the matter preceding clause (i), by 

15 striking ‘‘physician’’ and inserting ‘‘physician 

16 (or, in the case of a mental health condition, a 

17 physician or any other qualified mental health 

18 provider)’’; and 

19 (B) in clause (i), by striking ‘‘physician’’ 

20 and inserting ‘‘physician or other qualified men21 tal health provider’’; 

22 (2) in paragraph (2)— 

23 (A) in subparagraph (A)— 

24 (i) in the matter preceding clause (i), 

25 by striking ‘‘physician’’ and inserting 


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1 ‘‘physician (or, in the case of a mental 

2 health condition, a physician or any other 

3 qualified mental health provider)’’; 

4 (ii) in clause (i), by striking ‘‘physi5 cian’’ and inserting ‘‘physician or other 

6 qualified mental health provider’’; and 

7 (iii) in clause (ii), by striking ‘‘such 

8 physician’s determination’’ and inserting 

9 ‘‘the determination of such physician or 

10 other qualified mental health provider’’; 

11 and 

12 (B) in subparagraph (B)— 

13 (i) in the matter preceding clause (i), 

14 by striking ‘‘physician determinations’’ and 

15 inserting ‘‘determinations by physicians 

16 (or, in the case of a mental health condi17 tion, physicians or other qualified mental 

18 health providers)’’; and 

19 (ii) in clause (i), by striking ‘‘physi20 cian panel’’ and inserting ‘‘panel of physi21 cians (or, in the case of a mental health 

22 condition, physicians or other qualified 

23 mental health providers)’’; 

24 (3) in paragraph (5), by striking ‘‘examining 

25 physician’’ and inserting ‘‘examining physician (or, 


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1 in the case of a mental health condition, examining 

2 physician or other qualified mental health pro3 vider)’’; and 

4 (4) by adding at the end the following: 

5 ‘‘(6) DEFINITION OF ‘QUALIFIED MENTAL

6 HEALTH PROVIDER’.—For purposes of this sub7 section, the term ‘qualified mental health provider’ 

8 means a licensed mental health provider in a cat9 egory determined by the WTC Program Adminis10 trator under section 3305(a)(6)(B).’’. 

11 SEC. 3. CRITERIA FOR CREDENTIALING HEALTH CARE 

12 PROVIDERS PARTICIPATING IN THE NATION13 WIDE NETWORK. 

14 Title XXXIII of the Public Health Service Act (42 

15 U.S.C. 300mm et seq.) is amended— 

16 (1) in section 3305(a)(2) (42 U.S.C. 300mm– 

17 4(a)(2))— 

18 (A) in subparagraph (A)— 

19 (i) by striking clause (iv); and 

20 (ii) by redesignating clauses (v) and 

21 (vi) as clauses (iv) and (v), respectively; 

22 (B) by striking subparagraph (B); and 

23 (C) by redesignating subparagraphs (C) 

24 and (D) as subparagraphs (B) and (C), respec25 tively; and 


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1 (2) in section 3313(b)(1) (42 U.S.C. 300mm– 

2 23(b)(1)), by striking ‘‘Data Centers’’ and inserting 

3 ‘‘WTC Program Administrator’’. 

4 SEC. 4. CLARIFYING CALCULATION OF ENROLLMENT. 

5 (a) RESPONDERS.—Section 3311(a) of such Act (42 

6 U.S.C. 300mm–21(a)) is amended by adding at the end 

7 the following: 

8 ‘‘(6) DECEASED WTC RESPONDERS.—An indi9 vidual known to the WTC Program Administrator to 

10 be deceased shall not be included in any count of en11 rollees under this subsection or section 3351.’’. 

12 (b) SURVIVORS.—Section 3321(a) of such Act (42 

13 U.S.C. 300mm–31(a)) is amended by adding at the end 

14 the following: 

15 ‘‘(5) DECEASED WTC SURVIVORS.—An indi16 vidual known to the WTC Program Administrator to 

17 be deceased shall not be included in any count of 

18 certified-eligible survivors under this section or in 

19 any count of enrollees under section 3351.’’. 

20 SEC. 5. TIME PERIOD FOR ADDING HEALTH CONDITIONS 

21 TO LIST FOR WTC RESPONDERS. 

22 Section 3312(a)(6) of the Public Health Service Act 

23 (42 U.S.C. 300mm–22(a)(6)) is amended— 

24 (1) in subparagraph (B), by striking ‘‘90’’ and 

25 inserting ‘‘180’’; and 


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1 (2) in subparagraph (C), in the second sen2 tence, by striking ‘‘90’’ and inserting ‘‘180’’. 

3 SEC. 6. FUNDING FOR THE WORLD TRADE CENTER HEALTH 

4 PROGRAM. 

5 (a) IN GENERAL.—Section 3351 of the Public Health 

6 Service Act (42 U.S.C. 300mm–61) is amended— 

7 (1) in subsection (a)(2)(A)— 

8 (A) in clause (x), by striking ‘‘and’’; 

9 (B) in clause (xi)— 

10 (i) by striking ‘‘subsequent fiscal year 

11 through fiscal year 2090’’ and inserting 

12 ‘‘of fiscal years 2026 through 2034’’; and 

13 (ii) by striking ‘‘plus’’ and inserting 

14 ‘‘and’’; and 

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

16 ‘‘(xii) for each of fiscal years 2035 

17 through 2090— 

18 ‘‘(I) the amount determined 

19 under this subparagraph for the pre20 vious fiscal year (plus any amount ex21 pended from the Fund in the previous 

22 fiscal year that was carried over from 

23 any fiscal year prior to the previous 

24 fiscal year including as carried over 

25 pursuant to a deposit into such Fund 


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1 under section 3352(d), 3353(d), or 

2 3354(d)) multiplied by 1.05; multi3 plied by 

4 ‘‘(II) the ratio of— 

5 ‘‘(aa) the total number of 

6 individuals enrolled in the WTC 

7 Program on July 1 of such pre8 vious fiscal year; to 

9 ‘‘(bb) the total number of 

10 individuals so enrolled on July 1 

11 of the fiscal year prior to such 

12 previous fiscal year; plus’’; and 

13 (2) in subsection (c)— 

14 (A) in paragraph (4)— 

15 (i) by amending subparagraph (A) to 

16 read as follows: 

17 ‘‘(A) for fiscal year 2024, the amount de18 termined for such fiscal year under this para19 graph as in effect on the day before the date of 

20 enactment of the 9/11 Responder and Survivor 

21 Health Funding Correction Act of 2024;’’; and 

22 (ii) by amending subparagraph (B) to 

23 read as follows: 

24 ‘‘(B) for fiscal year 2025, the greater of— 


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1 ‘‘(i) the amount determined for such 

2 fiscal year under this paragraph as in ef3 fect on the day before the date of enact4 ment of the 9/11 Responder and Survivor 

5 Health Funding Correction Act of 2024; or 

6 ‘‘(ii) $20,000,000; and’’; and 

7 (B) in paragraph (5)— 

8 (i) by amending subparagraph (A) to 

9 read as follows: 

10 ‘‘(A) for fiscal year 2024, the amount de11 termined for such fiscal year under this para12 graph as in effect on the day before the date of 

13 enactment of the 9/11 Responder and Survivor 

14 Health Funding Correction Act of 2024;’’; 

15 (ii) by redesignating subparagraph 

16 (B) as subparagraph (C); and 

17 (iii) by inserting after subparagraph 

18 (A) the following: 

19 ‘‘(B) for fiscal year 2025, the greater of— 

20 ‘‘(i) the amount determined for such 

21 fiscal year under this paragraph as in ef22 fect on the day before the date of enact23 ment of the 9/11 Responder and Survivor 

24 Health Funding Correction Act of 2024; or 

25 ‘‘(ii) $20,000,000; and’’. 


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1 (b) ADDITIONAL AMOUNTS FOR THE WORLD TRADE

2 CENTER HEALTH PROGRAM SPECIAL FUND.—Section 

3 3353(b) of the Public Health Service Act (42 U.S.C. 

4 300mm–63(b)) is amended— 

5 (1) by striking ‘‘Out’’ and inserting the fol6 lowing: 

7 ‘‘(1) INITIAL DEPOSIT.—Out’’; and 

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

9 ‘‘(2) ADDITIONAL DEPOSIT.—Out of any money 

10 in the Treasury not otherwise appropriated, there is 

11 appropriated for fiscal year 2024 $2,970,406,593 

12 for deposit into the Special Fund, which amounts 

13 shall remain available in such Fund through fiscal 

14 year 2033.’’. 

15 (c) REALLOCATION OF ANY REMAINING AMOUNTS IN

16 SEPARATE FUNDS.— 

17 (1) SUPPLEMENTAL FUND.—Section 3352(d) of 

18 the Public Health Service Act (42 U.S.C. 300mm– 

19 62(d)) is amended— 

20 (A) in the subsection heading, by striking 

21 ‘‘RETURN OF FUNDS’’ and inserting ‘‘REMAIN22 ING AMOUNTS’’; and 

23 (B) by striking ‘‘the Treasury as miscella24 neous receipts’’ and inserting ‘‘the World Trade 

25 Center Health Program Fund under section 


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1 3351 for fiscal year 2033 and, notwithstanding 

2 subsections (b) and (c), remain available, for 

3 the purposes described in this title, through fis4 cal year 2090 in accordance with subsection 

5 (a)(5) of section 3351 and subject to the spend6 ing limitations under subsection (c) of such sec7 tion’’. 

8 (2) SPECIAL FUND.—Section 3353(d) of the 

9 Public Health Service Act (42 U.S.C. 300mm– 

10 63(d)) is amended by striking ‘‘the Treasury as mis11 cellaneous receipts’’ and inserting ‘‘the World Trade 

12 Center Health Program Fund under section 3351 

13 for fiscal year 2034 and, notwithstanding sub14 sections (b) and (c), remain available, for the pur15 poses described in this title, through fiscal year 2090 

16 in accordance with subsection (a)(5) of section 3351 

17 and subject to the spending limitations under sub18 section (c) of such section’’. 

19 (3) PENTAGON/SHANKSVILLE FUND.—Section 

20 3354(d) of the Public Health Service Act (42 U.S.C. 

21 300mm–64(d)) is amended by striking ‘‘the Treas22 ury as miscellaneous receipts’’ and inserting ‘‘the 

23 World Trade Center Health Program Fund under 

24 section 3351 for fiscal year 2034 and, notwith25 standing subsections (b) and (c), remain available, 


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1 for the purposes described in this title, through fis2 cal year 2090 in accordance with subsection (a)(5) 

3 of section 3351 and subject to the spending limita4 tions under subsection (c) of such section’’. 

5 (4) AVAILABILITY.—Section 3351 of the Public 

6 Health Service Act (42 U.S.C. 300mm–61) is 

7 amended— 

8 (A) in subsection (a)(5), by inserting ‘‘or 

9 deposited into the Fund under any other sec10 tion in this title,’’ before ‘‘for a fiscal year’’; 

11 and 

12 (B) in subsection (b)(1), by inserting ‘‘or 

13 any other section in this title’’ after ‘‘subsection 

14 (a)(2)’’. 

15 SEC. 7. OFFSET. 

16 (a) IN GENERAL.—Section 251A(6)(D) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985 

18 (2 U.S.C. 901a(6)(D)) is amended— 

19 (1) in clause (i), by striking ‘‘8 months’’ and 

20 inserting ‘‘10 months’’; and 

21 (2) in clause (ii), by striking ‘‘4 months’’ and 

22 inserting ‘‘2 months’’. 

23 (b) DEPOSIT OF EXCESS SAVINGS IN THE MEDICARE

24 IMPROVEMENT FUND.— 


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1 (1) DEFINITION.—In this subsection, the term 

2 ‘‘excess savings’’ means the difference obtained by 

3 subtracting— 

4 (A) the amount of the budgetary effects 

5 (as determined in accordance with the Statu6 tory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 

7 et seq.)) of sections 2 through 6 of this Act; 

8 from 

9 (B) the amount of the budgetary effects 

10 (as determined in accordance with the Statu11 tory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 

12 et seq.)) of the amendment made by subsection 

13 (a) of this section. 

14 (2) DEPOSIT.—The amount of any excess sav15 ings shall be transferred to and merged with 

16 amounts in the Medicare Improvement Fund estab17 lished under section 1898 of the Social Security Act 

18 (42 U.S.C. 1395iii). Amounts transferred under this 

19 paragraph shall remain available until expended. 

Æ 


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