S. 739

119 S739 IS: 9/11 Responder and Survivor Health Funding Correction Act of 2025
 U.S. Senate
 2025-02-26
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 739  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.
1.
Short title
This Act may be cited as the   9/11 Responder and Survivor Health Funding Correction Act of 2025  .
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).
 .
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 .
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.
 .
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 .
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.
 .
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.