II 

117TH CONGRESS 

1ST SESSION S. 2683 

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

flexibility and funding for the World Trade Center Health Program, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 9, 2021 

Mrs. GILLIBRAND (for herself, Mr. SCHUMER, Mr. MENENDEZ, Mr. BOOKER, 

Mr. MURPHY, and Mr. BLUMENTHAL) 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, and for other purposes. 

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’’. 


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1 SEC. 2. FLEXIBILITY FOR CERTIFICATIONS UNDER THE 

2 WORLD TRADE CENTER HEALTH PROGRAM. 

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

4 Health Service Act (42 U.S.C. 300mm–4(a)) is amend5 ed— 

6 (1) in paragraph (2)(A)(ii), by inserting ‘‘sub7 ject to paragraph (6),’’ before ‘‘for’’; and 

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

9 ‘‘(6) LICENSED HEALTH CARE PROVIDER

10 FLEXIBILITY.— 

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

12 initial health evaluation described in paragraph 

13 (2)(A)(ii) (including any such evaluation pro14 vided under section 3321(b) or through the na15 tionwide network under section 3313), such 

16 evaluation may be conducted by a physician or 

17 any other licensed health care provider in a cat18 egory of health care providers determined by 

19 the Secretary under subparagraph (B). 

20 ‘‘(B) CATEGORIES OF LICENSED HEALTH

21 CARE PROVIDERS.—Not later than 60 days 

22 after the date of enactment of the 9/11 Re23 sponder and Survivor Health Funding Correc24 tion Act, the WTC Program Administrator 

25 shall issue regulations for the categories of li26 censed health care providers who, in addition to 


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1 licensed physicians, may conduct evaluations 

2 under subparagraph (A) and make determina3 tions under section 3312(b).’’. 

4 (b) FLEXIBILITY FOR WTC RESPONDERS.—Section 

5 3312(b) of such Act (42 U.S.C. 300mm–22(b)) is amend6 ed— 

7 (1) in paragraph (1), by striking ‘‘physician’’ 

8 each place it appears and inserting ‘‘physician or 

9 other licensed health care provider in a category de10 termined by the Secretary under section 

11 3305(a)(6)(B)’’; 

12 (2) in paragraph (2)— 

13 (A) in subparagraph (A)— 

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

15 by striking ‘‘physician’’ and inserting 

16 ‘‘physician or other licensed health care 

17 provider in a category determined by the 

18 Secretary under section 3305(a)(6)(B)’’; 

19 (ii) in clause (i), by striking ‘‘physi20 cian’’ and inserting ‘‘physician or other li21 censed health care provider’’; and 

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

23 physician’s determination’’ and inserting 

24 ‘‘the determination of such physician or 

25 other licensed health care provider’’; and 


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1 (B) in subparagraph (B)— 

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

3 by striking ‘‘physician determinations’’ and 

4 inserting ‘‘determinations by physicians or 

5 other licensed health care providers in cat6 egories determined by the Secretary under 

7 section 3305(a)(6)(B)’’; and 

8 (ii) in clause (i), by striking ‘‘physi9 cian panel’’ and inserting ‘‘panel of physi10 cians or other licensed health care pro11 viders in categories determined by the Sec12 retary under section 3305(a)(6)(B)’’; and 

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

14 physician’’ and inserting ‘‘examining physician or 

15 other licensed health care provider in a category de16 termined by the Secretary under section 

17 3305(a)(6)(B)’’. 

18 SEC. 3. CRITERIA FOR CREDENTIALING HEALTH CARE 

19 PROVIDERS PARTICIPATING IN THE NATION20 WIDE NETWORK. 

21 Title XXXIII of the Public Health Service Act (42 

22 U.S.C. 300mm et seq.) is amended— 

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

24 4(a)(2))— 

25 (A) in subparagraph (A)— 


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

2 (ii) by redesignating clauses (v) and 

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

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

5 (C) by redesignating subparagraphs (C) 

6 and (D) as subparagraphs (B) and (C), respec7 tively; and 

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

9 23(b)(1)), by striking ‘‘Data Centers’’ and inserting 

10 ‘‘WTC Program Administrator’’. 

11 SEC. 4. CLARIFYING CALCULATION OF ENROLLMENT. 

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

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

14 the following: 

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

17 be deceased shall not be included in any count of en18 rollees under this subsection or section 3351.’’. 

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

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

21 the following: 

22 ‘‘(5) DECEASED WTC SURVIVORS.—An indi23 vidual known to the WTC Program Administrator to 

24 be deceased shall not be included in any count of en25 rollees under this subsection or section 3351.’’. 


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1 SEC. 5. FUNDING FOR THE WORLD TRADE CENTER HEALTH 

2 PROGRAM. 

3 Section 3351 of the Public Health Service Act (42 

4 U.S.C. 300mm–61) is amended— 

5 (1) in subsection (a)(2)(A)— 

6 (A) in clause (x), by striking 

7 ‘‘$570,000,000; and’’ and inserting 

8 ‘‘$689,130,000;’’; and 

9 (B) by striking clause (xi) and inserting 

10 the following: 

11 ‘‘(xi) for fiscal year 2026, 

12 $930,325,500; 

13 ‘‘(xii) for fiscal year 2027, 

14 $1,004,751,540; 

15 ‘‘(xiii) for fiscal year 2028, 

16 $1,085,131,663; 

17 ‘‘(xiv) for fiscal year 2029, 

18 $1,139,388,246; 

19 ‘‘(xv) for fiscal year 2030, 

20 $1,196,357,659; 

21 ‘‘(xvi) for fiscal year 2031, 

22 $1,256,175,542; and 

23 ‘‘(xvii) for each subsequent fiscal year 

24 through fiscal year 2090— 

25 ‘‘(I) the amount determined 

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1 vious fiscal year multiplied by 1.05; 

2 multiplied by 

3 ‘‘(II) the ratio of— 

4 ‘‘(aa) the total number of 

5 individuals enrolled in the WTC 

6 program on July 1 of such pre7 vious fiscal year; to 

8 ‘‘(bb) the total number of 

9 individuals so enrolled on July 1 

10 of the fiscal year prior to such 

11 previous fiscal year; plus’’; and 

12 (2) in subsection (c)— 

13 (A) by amending paragraph (3) to read as 

14 follows: 

15 ‘‘(3) EDUCATION AND OUTREACH.—For the 

16 purpose of carrying out section 3303— 

17 ‘‘(A) for each of fiscal years 2016 through 

18 2021, $750,000; and 

19 ‘‘(B) for fiscal year 2022 and each subse20 quent fiscal year, $2,000,000.’’; 

21 (B) in paragraph (4)— 

22 (i) by amending subparagraph (A) to 

23 read as follows: 

24 ‘‘(A) for fiscal year 2021, the amount de25 termined for such fiscal year under this paraVerDate Sep 11 2014 16:21 Aug 10, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2683.IS S2683

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1 graph as in effect on the day before the date of 

2 enactment of the 9/11 Responder and Survivor 

3 Health Funding Correction Act’’; and 

4 (ii) in subparagraph (B), by striking 

5 ‘‘2017, $15,000,000’’ and inserting ‘‘2022, 

6 $20,000,000’’; and 

7 (C) in paragraph (5)— 

8 (i) by amending subparagraph (A) to 

9 read as follows: 

10 ‘‘(A) for fiscal year 2021, 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;’’; 

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 2022, $20,000,000; 

20 and’’. 

21 SEC. 6. RESEARCH COHORT FOR EMERGING HEALTH IM22 PACTS ON YOUTH. 

23 (a) IN GENERAL.—Section 3341 of the Public Health 

24 Service Act (42 U.S.C. 300mm–51) is amended— 


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1 (1) by redesignating subsections (c) and (d) as 

2 subsections (d) and (e), respectively; and 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) RESEARCH COHORT FOR EMERGING HEALTH

6 IMPACTS ON YOUTH.—The WTC Program Administrator 

7 shall establish a research cohort of sufficient size to con8 duct research studies on the health and educational im9 pacts of exposure to airborne toxins, or any other hazard 

10 or adverse condition, resulting from the September 11, 

11 2001, terrorist attacks on the population of individuals 

12 who were 21 years of age or younger at the time of expo13 sure and who are enrolled in the WTC Program or other14 wise eligible for enrollment in the Program under section 

15 3321.’’. 

16 (b) SPENDING LIMITATION EXEMPTION.—Section 

17 3351(c)(5) of such Act (42 U.S.C. 300mm–61(c)(5)) is 

18 amended in the matter preceding subparagraph (A), by 

19 inserting ‘‘(other than subsection (c) of such section)’’ 

20 after ‘‘section 3341’’. 

21 (c) CONFORMING AMENDMENT.—Section 

22 3301(f)(2)(E) of such Act (42 U.S.C. 300mm(f)(2)(E)) 

23 is amended by striking ‘‘section 3341(a)’’ and inserting 

24 ‘‘subsection (a) or (c) of section 3341’’. 

Æ 


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