119-s739

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 739 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 739

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

 February 26, 2025

Mrs. Gillibrand (for herself and Mr. Schumer) 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.

 Be it enacted by the Senate and House of Representatives 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 2025''.

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 amended--

    (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 certifications.--
 ``
        (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 network under 

section 3313), 
 such evaluation may be conducted by a physician or any 
 other licensed mental health provider in a category of 
 mental health providers determined by the WTC Program 
 Administrator under subparagraph
        (B) .
 ``
        (B) Categories of licensed mental health 
 providers.--Not later than 180 days after the date of 
 enactment of the 9/11 Responder and Survivor Health 
 Funding Correction Act of 2025, the WTC Program 
 Administrator shall issue regulations for the 
 categories of licensed mental health providers who, in 
 addition to licensed physicians, may conduct 
 evaluations under subparagraph
        (A) with respect to a 
 mental health condition and make determinations 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 amended--

    (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 mental health 
 provider'';

    (2) in paragraph

    (2) --
        (A) in subparagraph
        (A) --
            (i) 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)'';
            (ii) in clause
            (i) , by striking 
 ``physician'' 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 condition, 
 physicians or other qualified mental health 
 providers)''; and
            (ii) in clause
            (i) , by striking ``physician 
 panel'' and inserting ``panel of physicians 
 (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, in the case of a 
 mental health condition, examining physician or other qualified 
 mental health provider)''; and

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

    (6) Definition of `qualified mental health provider'.--
 For purposes of this subsection, the term `qualified mental 
 health provider' means a licensed mental health provider in a 
 category determined by the WTC Program Administrator under 
 

section 3305

    (a)

    (6)
        (B) .''.

SEC. 3. 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.) 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) , respectively; and

    (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 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) ) 
is amended by adding at the end the following:
 ``

    (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.''.

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

    (2) in subparagraph
            (C) , in the second sentence, 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) , by amending clause
            (xi) to 
 read as follows:
 ``
            (xi) for each of fiscal years 2026 
 through 2090--
 ``
            (I) the amount determined under 
 this subparagraph for the previous 
 fiscal year multiplied by 1.07; 
 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

    (2) in subsection
            (c) --
        (A) in paragraph

    (4) --
            (i) by amending subparagraph
        (A) to read as 
 follows:
 ``
        (A) for fiscal year 2025, 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 
 2025;'';
            (ii) by amending subparagraph
        (B) to read 
 as follows:
 ``
        (B) for fiscal year 2026, 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 2025; or
 ``
            (ii) the amount expended for the previous 
 fiscal year for the purposes described in this 
 paragraph increased by 25 percent; and''; and
            (iii) in subparagraph
            (C) , by striking 
 ``the amount specified under this paragraph for 
 the previous fiscal year'' and inserting ``the 
 amount expended for the previous fiscal year 
 for such purposes''; and
        (B) in paragraph

    (5) --
            (i) by amending subparagraph
        (A) to read as 
 follows:
 ``
        (A) for fiscal year 2025, 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 
 2025;'';
            (ii) by redesignating subparagraph
        (B) as 
 subparagraph
            (C) ;
            (iii) by inserting after subparagraph
        (A) the following:
 ``
        (B) for fiscal year 2026, 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 2025; or
 ``
            (ii) the amount expended for the previous 
 fiscal year for the purpose described in this 
 paragraph increased by 25 percent; and''; and
            (iv) in subparagraph
            (C) , as so 
 redesignated, by striking ``the amount 
 specified under this paragraph for the previous 
 fiscal year'' and inserting ``the amount 
 expended for the previous fiscal year for such 
 purpose''.

    (b) Technical Amendments.--Title XXXIII of the Public Health 
Service Act (42 U.S.C. 300mm et seq.) is amended--

    (1) in 

section 3352 (42 U.S.C. 300mm-62), by amending 
 subsection
            (d) to read as follows:
 ``
            (d) Remaining Amounts.--Amounts remaining in the Supplemental 
Fund shall revert to the Treasury in accordance with 

section 1552 of 
title 31, United States Code.'';

    (2) in 

section 3353 (42 U.S.C. 300mm-63), by amending 
 subsection
            (d) to read as follows:
 ``
            (d) Remaining Amounts.--Amounts remaining in the Special Fund 
shall revert to the Treasury in accordance with 

section 1552 of title 
31, United States Code.''; and

    (3) in 

section 3354 (42 U.S.C. 300mm-64), by amending 
 subsection
            (d) to read as follows:
 ``
            (d) Remaining Amounts.--Amounts remaining in the Pentagon/
Shanksville Fund shall revert to the Treasury in accordance with 

section 1552 of title 31, United States Code.''.

SEC. 7. REPORT TO CONGRESS.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Secretary of Health and Human Services (referred to in 
this section as the ``Secretary'') shall conduct an assessment of 
anticipated budget authority and outlays of the World Trade Center 
Health Program (referred to in this section as the ``Program'') through 
the duration of the Program and submit a report summarizing such 
assessment to--

    (1) the Speaker and minority leader of the House of 
 Representatives;

    (2) the majority and minority leaders of the Senate;

    (3) the Committee on Health, Education, Labor, and Pensions 
 and Committee on the Budget of the Senate; and

    (4) the Committee on Energy and Commerce and the Committee 
 on the Budget of the House of Representatives.

    (b) Inclusions.--The report required under subsection

    (a) shall 
include--

    (1) a projection of Program budgetary needs on a per-fiscal 
 year basis through fiscal year 2090;

    (2) a review of Program modeling for each of fiscal years 
 2017 through the fiscal year prior to the fiscal year in which 
 the report is issued to assess how anticipated budgetary needs 
 compared to actual expenditures;

    (3) an assessment of the projected budget authority and 
 expenditures of the Program through fiscal year 2090; and

    (4) any recommendations of the Secretary to make changes to 
 the formula under 

section 3351

    (a)

    (2)
        (A) of the Public Health 
 Service Act (42 U.S.C. 300mm-61

    (a)

    (2)
        (A) ), as amended by 
 

section 6

    (a)

    (1) , to fully offset anticipated Program 
 expenditures through fiscal year 2090.
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