9/11 Responder and Survivor Health Funding Correction Act of 2023

To amend title XXXIII of the Public Health Service Act with respect to flexibility and funding for the World Trade Center Health Program. 1. Short title This Act may be cited as the 9/11 Responder and Survivor Health Funding Correction Act of 2023 2. Department of Defense, Armed Forces, or other Federal worker responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania Title XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. (1) in section 3306 ( 42 U.S.C. 300mm–5 (A) by redesignating paragraphs (5) through (11) and paragraphs (12) through (17) as paragraphs (6) through (12) and paragraphs (14) through (19), respectively; (B) by inserting after paragraph (4) the following: (5) The term Federal agency ; and (C) by inserting after paragraph (12), as so redesignated, the following: (13) The term uniformed services ; and (2) in section 3311(a) ( 42 U.S.C. 300mm–21(a) (A) in paragraph (2)(C)(i)— (i) in subclause (I), by striking ; or (ii) in subclause (II), by striking ; and (iii) by adding at the end the following: (III) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; 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 (IV) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; 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 ; and (B) in paragraph (4)(A)— (i) by striking (A) In general (A) Limit (i) In general The ; (ii) by inserting or subclause (III) or (IV) of paragraph (2)(C)(i) or (2)(A)(ii) (iii) by adding at the end the following: (ii) Certain responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania The total number of individuals who may be enrolled under paragraph (3)(A)(ii) based on eligibility criteria described in subclause (III) or (IV) of paragraph (2)(C)(i) shall not exceed 500 at any time. . 3. Flexibility for certifications under the World Trade Center Health Program (a) In general Section 3305(a) of the Public Health Service Act ( 42 U.S.C. 300mm–4(a) (1) in paragraph (1)(A), by inserting subject to paragraph (6), for (2) by adding at the end the following: (6) Licensed health care provider flexibility (A) In general For purposes of an initial health evaluation described in paragraph (1)(A) (including any such evaluation provided under section 3321(b) or through the nationwide network under section 3313), such evaluation may be conducted by a physician or any other licensed health care provider in a category of health care providers determined by the WTC Program Administrator under subparagraph (B). (B) Categories of licensed health care providers Not later than 180 days after the date of enactment of the 9/11 Responder and Survivor Health Funding Correction Act of 2023 . (b) Flexibility for WTC responders Section 3312(b) of such Act ( 42 U.S.C. 300mm–22(b) (1) in paragraph (1), by striking physician physician or other licensed health care provider in a category determined by the WTC Program Administrator under section 3305(a)(6)(B) (2) in paragraph (2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking physician physician or other licensed health care provider in a category determined by the WTC Program Administrator under section 3305(a)(6)(B) (ii) in clause (i), by striking physician physician or other licensed health care provider (iii) in clause (ii), by striking such physician's determination the determination of such physician or other licensed health care provider (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking physician determinations determinations by physicians or other licensed health care providers in categories determined by the WTC Program Administrator under section 3305(a)(6)(B) (ii) in clause (i), by striking physician panel panel of physicians or other licensed health care providers in categories determined by the WTC Program Administrator under section 3305(a)(6)(B) (3) in paragraph (5), by striking examining physician examining physician or other licensed health care provider in a category determined by the WTC Program Administrator under section 3305(a)(6)(B) 4. Criteria for credentialing health care providers participating in the nationwide network Title XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. (1) in section 3305(a)(2) ( 42 U.S.C. 300mm–4(a)(2) (A) in subparagraph (A)— (i) by striking clause (iv); and (ii) by redesignating clauses (v) and (vi) as clauses (iv) and (v), respectively; (B) by striking subparagraph (B); and (C) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (2) in section 3313(b)(1) ( 42 U.S.C. 300mm–23(b)(1) Data Centers WTC Program Administrator 5. Clarifying calculation of enrollment (a) Responders Section 3311(a) of such Act ( 42 U.S.C. 300mm–21(a) (6) Deceased WTC responders An individual known to the WTC Program Administrator to be deceased shall not be included in any count of enrollees under this subsection or section 3351. . (b) Survivors Section 3321(a) of such Act ( 42 U.S.C. 300mm–31(a) (5) Deceased WTC survivors An individual known to the WTC Program Administrator to be deceased shall not be included in any count of certified-eligible survivors under this section or in any count of enrollees under section 3351. . 6. Time period for adding health conditions to list for WTC responders Section 3312(a)(6) of the Public Health Service Act ( 42 U.S.C. 300mm–22(a)(6) (1) in subparagraph (B), by striking 90 180 (2) in subparagraph (C), in the second sentence, by striking 90 180 7. Funding for the World Trade Center Health Program (a) Federal funding Section 3351 of the Public Health Service Act ( 42 U.S.C. 300mm–61 (1) in subsection (a)— (A) in paragraph (2)(A)— (i) in clause (x), by striking and (ii) in clause (xi)— (I) by striking subsequent fiscal year through fiscal year 2090 of fiscal years 2026 through 2033 (II) by striking plus and (iii) by adding at the end the following: (xii) for each of fiscal years 2034 through 2090— (I) the amount determined under this subparagraph for the previous fiscal year (plus the sum of any amount expended in the previous fiscal year from the World Trade Center Health Program Special Fund established under section 3353 or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania established under section 3354 and any amount expended from the World Trade Center Health Program Fund established under this section in the previous fiscal year that was carried over from any fiscal year prior to the previous fiscal year including as carried over pursuant to a deposit into such Fund under paragraph (6)) multiplied by 1.05; multiplied by (II) the ratio of— (aa) the total number of individuals enrolled in the WTC Program on July 1 of such previous fiscal year; to (bb) the total number of individuals so enrolled on July 1 of the fiscal year prior to such previous fiscal year; plus ; and (B) by adding at the end the following: (6) Remaining amounts from Special Fund and Pentagon/Shanksville Fund Any amounts that remain available, on September 30, 2033, in the World Trade Center Health Program Special Fund under section 3353 or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 shall be deposited into the Fund. ; and (2) in subsection (c)— (A) in paragraph (4)— (i) by amending subparagraph (A) to read as follows: (A) for fiscal year 2023, the amount determined for such fiscal year under this paragraph as in effect on the day before the date of enactment of the 9/11 Responder and Survivor Health Funding Correction Act of 2023 ; and (ii) in subparagraph (B), by striking 2017, $15,000,000 2024, $20,000,000 (B) in paragraph (5)— (i) by amending subparagraph (A) to read as follows: (A) for fiscal year 2023, the amount determined for such fiscal year under this paragraph as in effect on the day before the date of enactment of the 9/11 Responder and Survivor Health Funding Correction Act of 2023 ; (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following: (B) for fiscal year 2024, the greater of— (i) the amount determined for such fiscal year under this paragraph as in effect on the day before the date of enactment of the 9/11 Responder and Survivor Health Funding Correction Act of 2023 (ii) $20,000,000; and . (b) Additional funding for the World Trade Center Health Program (1) In general Title XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. 3353. Special Fund (a) In general There is established a fund to be known as the World Trade Center Health Program Special Fund (referred to in this section as the Special Fund (b) Amount Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $1,784,358,336 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033. (c) Uses of funds Amounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this title (including sections 3303 and 3341(c)). (d) Remaining amounts Any amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the World Trade Center Health Program Fund in accordance with section 3351(a)(6) and remain available in accordance with section 3351(a)(5). 3354. Pentagon/Shanksville Fund (a) In general There is established a fund to be known as the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania (referred to in this section as the Pentagon/Shanksville Fund (b) Amount Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $257,000,000 for deposit into the Pentagon/Shanksville Fund, which amounts shall remain available in such Fund through fiscal year 2033. (c) Uses of funds (1) In general Amounts deposited into the Pentagon/Shanksville Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator for the purpose of carrying out section 3312 with regard to WTC responders enrolled in the WTC Program based on eligibility criteria described in subclause (III) or (IV) of section 3311(a)(2)(C)(i). (2) Limitation on other funding Notwithstanding sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision in this title, for the period of fiscal years 2024 through 2033, no amounts made available under this title other than those amounts appropriated under subsection (b) may be available for the purpose described in paragraph (1). (d) Remaining amounts Any amounts that remain in the Pentagon/Shanksville Fund on September 30, 2033, shall be deposited into the World Trade Center Health Program Fund in accordance with section 3351(a)(6) and remain available in accordance with section 3351(a)(5). . (c) Conforming amendments Title XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. (1) in section 3311(a)(4)(B)(i)(II) ( 42 U.S.C. 300mm–21(a)(4)(B)(i)(II) sections 3351 and 3352 this title (2) in section 3321(a)(3)(B)(i)(II) ( 42 U.S.C. 300mm–31(a)(3)(B)(i)(II) sections 3351 and 3352 this title (3) in section 3331 ( 42 U.S.C. 300mm–41 (A) in subsection (a), by striking the World Trade Center Health Program Fund and the World Trade Center Health Program Supplemental Fund (as applicable) the Funds established under sections 3351, 3352, 3353, and 3354 (B) in subsection (d)— (i) in paragraph (1)(A), by inserting or the World Trade Center Health Program Special Fund under section 3353 section 3351 (ii) in paragraph (1)(B), by inserting or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 section 3352 (iii) in paragraph (2), in the flush text following subparagraph (C), by inserting or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 section 3352 (4) in section 3351(b) ( 42 U.S.C. 300mm–61(b) (A) in paragraph (1), by striking subsection (a)(2) paragraph (2) or (6) of subsection (a) (B) in paragraph (2), by inserting , the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 (C) in paragraph (3), by inserting , the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354

Summary: 9/11 Responder and Survivor Health Funding Correction Act of 2023 This bill modifies the funding of, expands eligibility for, and makes other changes to the World Trade Center Health Program. This program provides medical monitoring and treatment to responders and survivors who suffer from health conditions related to the terrorist attacks on September 11, 2001. Specifically, the bill provides additional funding for the program through FY2033 to cover program costs. It also sets out a new formula to determine funding amounts for the program from FY2034 through FY2090. Additionally, the bill expands eligibility for the program to include members of the Armed Forces and federal employees and contractors who provided rescue, recovery, demolition, debris clean-up, or related services in response to the attacks at the Pentagon and in Shanksville, PA on September 11, 2001. The bill limits the enrollment of newly eligible individuals in the program to 500 at any given time. Other changes in the bill include (1) allowing certain health care providers other than physicians to determine whether an individual's health condition is related to an attack, and (2) making the program administrator (rather than the centers that collect and analyze health data generated from the program) responsible for establishing criteria for credentialing health care providers that participate in the program.