I 
118TH CONGRESS 
2D SESSION 
H. R. 9101 
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 HOUSE OF REPRESENTATIVES 
JULY 23, 2024 
Mr. GARBARINO (for himself, Mr. WILLIAMS of New York, Mr. MEEKS, Mr. 
KENNEDY, Ms. CLARKE of New York, Ms. MALLIOTAKIS, Ms. MENG, Ms. 
TENNEY, Mr. LAWLER, Mr. LALOTA, Mr. LANGWORTHY, Mr. TONKO, 
Mr. RYAN, Mr. MORELLE, Ms. OCASIO-CORTEZ, Ms. STEFANIK, Mr. 
TORRES of New York, Mr. MOLINARO, Mr. BOWMAN, Ms. VELA´ZQUEZ, 
Mr. SUOZZI, Mr. FITZPATRICK, and Mr. KEAN of New Jersey) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on the Budget, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘9/11 Responder and 
Survivor Health Funding Correction Act of 2024’’. 
VerDate Sep 11 2014 
06:38 Aug 20, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H9101.IH
H9101
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 2. FLEXIBILITY FOR MENTAL HEALTH CONDITION 
CERTIFICATIONS UNDER THE WORLD TRADE 
CENTER HEALTH PROGRAM. 
(a) IN GENERAL.—Section 3305(a) of the Public 
Health Service Act (42 U.S.C. 300mm–4(a)) is amend-
ed— 
(1) in paragraph (1)(A), by inserting ‘‘subject 
to paragraph (6),’’ before ‘‘for’’; and 
(2) by adding at the end the following: 
‘‘(6) LICENSED
MENTAL
HEALTH
PROVIDER 
FLEXIBILITY FOR MENTAL HEALTH CONDITION CER-
TIFICATIONS.— 
‘‘(A) IN GENERAL.—For purposes of an 
initial health evaluation described in paragraph 
(1)(A) with respect to a mental health condition 
(including any such evaluation provided under 
section 3321(b) or through the nationwide net-
work under section 3313), such evaluation may 
be conducted by a physician or any other li-
censed mental health provider in a category of 
mental health care providers determined by the 
WTC Program Administrator under subpara-
graph (B). 
‘‘(B) CATEGORIES OF LICENSED MENTAL 
HEALTH PROVIDERS.—Not later than 180 days 
after the date of enactment of the 9/11 Re-
VerDate Sep 11 2014 
06:38 Aug 20, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H9101.IH
H9101
kjohnson on DSK7ZCZBW3PROD with $$_JOB
sponder and Survivor Health Funding Correc-
tion Act of 2024, the WTC Program Adminis-
trator shall issue regulations for the categories 
of licensed mental health providers who, in ad-
dition to licensed physicians, may conduct eval-
uations under subparagraph (A) with respect to 
a mental health condition and make determina-
tions under section 3312(b) with respect to 
such a condition.’’. 
(b) FLEXIBILITY FOR WTC RESPONDERS.—Section 
3312(b) of such Act (42 U.S.C. 300mm–22(b)) is amend-
ed— 
(1) in paragraph (1)(A)— 
(A) in the matter preceding clause (i), by 
striking ‘‘physician’’ and inserting ‘‘physician 
(or, in the case of a mental health condition, a 
physician or any other qualified mental health 
provider)’’; and 
(B) in clause (i), by striking ‘‘physician’’ 
and inserting ‘‘physician or other qualified men-
tal health provider’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause (i), 
by striking ‘‘physician’’ and inserting 
VerDate Sep 11 2014 
06:38 Aug 20, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H9101.IH
H9101
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘physician (or, in the case of a mental 
health condition, a physician or any other 
qualified mental health provider)’’; 
(ii) in clause (i), by striking ‘‘physi-
cian’’ and inserting ‘‘physician or other 
qualified mental health provider’’; and 
(iii) in clause (ii), by striking ‘‘such 
physician’s determination’’ and inserting 
‘‘the determination of such physician or 
other qualified mental health provider’’; 
and 
(B) in subparagraph (B)— 
(i) in the matter preceding clause (i), 
by striking ‘‘physician determinations’’ and 
inserting ‘‘determinations by physicians 
(or, in the case of a mental health condi-
tion, physicians or other qualified mental 
health providers)’’; and 
(ii) in clause (i), by striking ‘‘physi-
cian panel’’ and inserting ‘‘panel of physi-
cians (or, in the case of a mental health 
condition, physicians or other qualified 
mental health providers)’’; 
(3) in paragraph (5), by striking ‘‘examining 
physician’’ and inserting ‘‘examining physician (or, 
VerDate Sep 11 2014 
06:38 Aug 20, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H9101.IH
H9101
kjohnson on DSK7ZCZBW3PROD with $$_JOB
in the case of a mental health condition, examining 
physician or other qualified mental health pro-
vider)’’; and 
(4) by adding at the end the following: 
‘‘(6) DEFINITION
OF
‘QUALIFIED
MENTAL 
HEALTH
PROVIDER’.—For purposes of this sub-
section, the term ‘qualified mental health provider’ 
means a licensed mental health provider in a cat-
egory determined by the WTC Program Adminis-
trator under section 3305(a)(6)(B).’’. 
SEC. 3. CRITERIA FOR CREDENTIALING HEALTH CARE 
PROVIDERS PARTICIPATING IN THE NATION-
WIDE NETWORK. 
Title XXXIII of the Public Health Service Act (42 
U.S.C. 300mm et seq.) is amended— 
(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), respec-
tively; and 
VerDate Sep 11 2014 
06:38 Aug 20, 2024
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H9101.IH
H9101
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) in section 3313(b)(1) (42 U.S.C. 300mm– 
23(b)(1)), by striking ‘‘Data Centers’’ and inserting 
‘‘WTC Program Administrator’’. 
SEC. 4. CLARIFYING CALCULATION OF ENROLLMENT. 
(a) RESPONDERS.—Section 3311(a) of such Act (42 
U.S.C. 300mm–21(a)) is amended by adding at the end 
the following: 
‘‘(6) DECEASED WTC RESPONDERS.—An indi-
vidual known to the WTC Program Administrator to 
be deceased shall not be included in any count of en-
rollees under this subsection or section 3351.’’. 
(b) SURVIVORS.—Section 3321(a) of such Act (42 
U.S.C. 300mm–31(a)) is amended by adding at the end 
the following: 
‘‘(5) DECEASED
WTC
SURVIVORS.—An indi-
vidual known to the WTC Program Administrator to 
be deceased shall not be included in any count of 
certified-eligible survivors under this section or in 
any count of enrollees under section 3351.’’. 
SEC. 5. TIME PERIOD FOR ADDING HEALTH CONDITIONS 
TO LIST FOR WTC RESPONDERS. 
Section 3312(a)(6) of the Public Health Service Act 
(42 U.S.C. 300mm–22(a)(6)) is amended— 
(1) in subparagraph (B), by striking ‘‘90’’ and 
inserting ‘‘180’’; and 
VerDate Sep 11 2014 
06:38 Aug 20, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H9101.IH
H9101
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(2) in subparagraph (C), in the second sen-
tence, by striking ‘‘90’’ and inserting ‘‘180’’. 
SEC. 6. FUNDING FOR THE WORLD TRADE CENTER HEALTH 
PROGRAM. 
(a) IN GENERAL.—Section 3351 of the Public Health 
Service Act (42 U.S.C. 300mm–61) is amended— 
(1) in subsection (a)(2)(A)— 
(A) in clause (x), by striking ‘‘and’’; 
(B) in clause (xi)— 
(i) by striking ‘‘subsequent fiscal year 
through fiscal year 2090’’ and inserting 
‘‘of fiscal years 2026 through 2034’’; and 
(ii) by striking ‘‘plus’’ and inserting 
‘‘and’’; and 
(C) by adding at the end the following: 
‘‘(xii) for each of fiscal years 2035 
through 2090— 
‘‘(I) 
the 
amount 
determined 
under this subparagraph for the pre-
vious fiscal year (plus any amount ex-
pended from the Fund 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 
VerDate Sep 11 2014 
06:38 Aug 20, 2024
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H9101.IH
H9101
kjohnson on DSK7ZCZBW3PROD with $$_JOB
under section 3352(d), 3353(d), or 
3354(d)) multiplied by 1.05; multi-
plied by 
‘‘(II) the ratio of— 
‘‘(aa) the total number of 
individuals enrolled in the WTC 
Program on July 1 of such pre-
vious fiscal year; to 
‘‘(bb) the total number of 
individuals so enrolled on July 1 
of the fiscal year prior to such 
previous fiscal year; plus’’; and 
(2) in subsection (c)— 
(A) in paragraph (4)— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) for fiscal year 2024, the amount de-
termined for such fiscal year under this para-
graph as in effect on the day before the date of 
enactment of the 9/11 Responder and Survivor 
Health Funding Correction Act of 2024;’’; and 
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) for fiscal year 2025, the greater of— 
VerDate Sep 11 2014 
06:38 Aug 20, 2024
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H9101.IH
H9101
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(i) the amount determined for such 
fiscal year under this paragraph as in ef-
fect on the day before the date of enact-
ment of the 9/11 Responder and Survivor 
Health Funding Correction Act of 2024; or 
‘‘(ii) $20,000,000; and’’; and 
(B) in paragraph (5)— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) for fiscal year 2024, the amount de-
termined for such fiscal year under this para-
graph as in effect on the day before the date of 
enactment of the 9/11 Responder and Survivor 
Health Funding Correction Act of 2024;’’; 
(ii) by redesignating subparagraph 
(B) as subparagraph (C); and 
(iii) by inserting after subparagraph 
(A) the following: 
‘‘(B) for fiscal year 2025, the greater of— 
‘‘(i) the amount determined for such 
fiscal year under this paragraph as in ef-
fect on the day before the date of enact-
ment of the 9/11 Responder and Survivor 
Health Funding Correction Act of 2024; or 
‘‘(ii) $20,000,000; and’’. 
VerDate Sep 11 2014 
06:38 Aug 20, 2024
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H9101.IH
H9101
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(b) ADDITIONAL AMOUNTS FOR THE WORLD TRADE 
CENTER HEALTH PROGRAM SPECIAL FUND.—Section 
3353(b) of the Public Health Service Act (42 U.S.C. 
300mm–63(b)) is amended— 
(1) by striking ‘‘Out’’ and inserting the fol-
lowing: 
‘‘(1) INITIAL DEPOSIT.—Out’’; and 
(2) by adding at the end the following: 
‘‘(2) ADDITIONAL DEPOSIT.—Out of any money 
in the Treasury not otherwise appropriated, there is 
appropriated for fiscal year 2024 $2,970,406,593 
for deposit into the Special Fund, which amounts 
shall remain available in such Fund through fiscal 
year 2033.’’. 
(c) REALLOCATION OF ANY REMAINING AMOUNTS IN 
SEPARATE FUNDS.— 
(1) SUPPLEMENTAL FUND.—Section 3352(d) of 
the Public Health Service Act (42 U.S.C. 300mm– 
62(d)) is amended— 
(A) in the subsection heading, by striking 
‘‘RETURN OF FUNDS’’ and inserting ‘‘REMAIN-
ING AMOUNTS’’; and 
(B) by striking ‘‘the Treasury as miscella-
neous receipts’’ and inserting ‘‘the World Trade 
Center Health Program Fund under section 
VerDate Sep 11 2014 
06:38 Aug 20, 2024
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H9101.IH
H9101
kjohnson on DSK7ZCZBW3PROD with $$_JOB
3351 for fiscal year 2033 and, notwithstanding 
subsections (b) and (c), remain available, for 
the purposes described in this title, through fis-
cal year 2090 in accordance with subsection 
(a)(5) of section 3351 and subject to the spend-
ing limitations under subsection (c) of such sec-
tion’’. 
(2) SPECIAL
FUND.—Section 3353(d) of the 
Public Health Service Act (42 U.S.C. 300mm– 
63(d)) is amended by striking ‘‘the Treasury as mis-
cellaneous receipts’’ and inserting ‘‘the World Trade 
Center Health Program Fund under section 3351 
for fiscal year 2034 and, notwithstanding sub-
sections (b) and (c), remain available, for the pur-
poses described in this title, through fiscal year 2090 
in accordance with subsection (a)(5) of section 3351 
and subject to the spending limitations under sub-
section (c) of such section’’. 
(3) PENTAGON/SHANKSVILLE
FUND.—Section 
3354(d) of the Public Health Service Act (42 U.S.C. 
300mm–64(d)) is amended by striking ‘‘the Treas-
ury as miscellaneous receipts’’ and inserting ‘‘the 
World Trade Center Health Program Fund under 
section 3351 for fiscal year 2034 and, notwith-
standing subsections (b) and (c), remain available, 
VerDate Sep 11 2014 
06:38 Aug 20, 2024
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H9101.IH
H9101
kjohnson on DSK7ZCZBW3PROD with $$_JOB
for the purposes described in this title, through fis-
cal year 2090 in accordance with subsection (a)(5) 
of section 3351 and subject to the spending limita-
tions under subsection (c) of such section’’. 
(4) AVAILABILITY.—Section 3351 of the Public 
Health Service Act (42 U.S.C. 300mm–61) is 
amended— 
(A) in subsection (a)(5), by inserting ‘‘or 
deposited into the Fund under any other sec-
tion in this title,’’ before ‘‘for a fiscal year’’; 
and 
(B) in subsection (b)(1), by inserting ‘‘or 
any other section in this title’’ after ‘‘subsection 
(a)(2)’’. 
SEC. 7. OFFSET. 
(a) IN GENERAL.—Section 251A(6)(D) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 
(2 U.S.C. 901a(6)(D)) is amended— 
(1) in clause (i), by striking ‘‘8 months’’ and 
inserting ‘‘10 months’’; and 
(2) in clause (ii), by striking ‘‘4 months’’ and 
inserting ‘‘2 months’’. 
(b) DEPOSIT OF EXCESS SAVINGS IN THE MEDICARE 
IMPROVEMENT FUND.— 
VerDate Sep 11 2014 
06:38 Aug 20, 2024
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H9101.IH
H9101
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) DEFINITION.—In this subsection, the term 
‘‘excess savings’’ means the difference obtained by 
subtracting— 
(A) the amount of the budgetary effects 
(as determined in accordance with the Statu-
tory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 
et seq.)) of sections 2 through 6 of this Act; 
from 
(B) the amount of the budgetary effects 
(as determined in accordance with the Statu-
tory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 
et seq.)) of the amendment made by subsection 
(a) of this section. 
(2) DEPOSIT.—The amount of any excess sav-
ings shall be transferred to and merged with 
amounts in the Medicare Improvement Fund estab-
lished under section 1898 of the Social Security Act 
(42 U.S.C. 1395iii). Amounts transferred under this 
paragraph shall remain available until expended. 
Æ 
VerDate Sep 11 2014 
06:38 Aug 20, 2024
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H9101.IH
H9101
kjohnson on DSK7ZCZBW3PROD with $$_JOB