Remember 9/11 Health Act - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to deem certain emergency service, rescue and recovery, and law enforcement personnel and transit and cleanup workers who responded to the September 11, 2001, terrorist attacks in New York City, residents of and persons employed or attending school, child care, or adult day care in the declared disaster area, and persons employed at the Fresh Kills recovery site on Staten Island between September 11, 2001, and August 31, 2002 (eligible recipients) to be civil employees under provisions relating to: (1) compensation to federal employees for work injuries; and (2) claims relating to damage to, or loss of, personal property incident to federal service, except that such an eligible recipient shall not be responsible for the payment of any health care expenses that result from exposure to the adverse conditions after such attack.
Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants or cooperative agreements to specified programs, including one established by the New York City Fire Department, to carry out screening and clinical examinations and long-term health monitoring and analysis for eligible recipients. Limits such monitoring to 20 years and 40,000 individuals. Allows the Secretary of Health and Human Services to establish a similar program for those affected by the September 11, 2001, Pentagon attack.
Requires the Director of the National Institutes of Health (NIH) to conduct or support diagnostic or treatment research for adverse health conditions considered to be associated with the terrorist attacks.
Requires the Secretary to convene a 9/11 Health Emergency Coordinating Council to examine and formulate recommendations on the adequacy of the: (1) responses by the federal, state, and local governments and the private sector to the attacks; (2) care and compensation for the victims; (3) federal tracking of the monitoring and treatment of individuals suffering health effects from the attacks; and (4) coordination among the Council members to the attacks. Allows the Council, upon request, to issue advisory opinions on the relative obligation of the federal government and any insurance company resulting from the attacks.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6124 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6124
To provide protections and services to certain individuals after the
terrorist attack on September 11, 2001, in New York City, in the State
of New York, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2006
Mrs. Maloney (for herself and Mr. Fossella) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on Transportation and Infrastructure, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide protections and services to certain individuals after the
terrorist attack on September 11, 2001, in New York City, in the State
of New York, and for other purposes.
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 ``Remember 9/11 Health Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Thousands of rescue workers who responded to the areas
devastated by the terrorist attacks of September 11th and local
residents continue to suffer significant medical problems as a
result of compromised air quality and other toxins at the
attack sites.
(2) To date, the Mount Sinai Center for Occupational and
Environmental Medicine in New York City has examined
approximately 9,000 first responders and Ground Zero workers.
Of those examined, more than 50 percent show physical or mental
health problems that are directly related to their work at the
World Trade Center and Fresh Kill sites.
(3) It appears that no Federal program exists to support
fully the medical treatment of those who responded to the
September 11th aftermath and who continue to experience health
problems as a result.
(4) A significant portion of those who responded to the
September 11th aftermath have no health insurance, lost their
health insurance as a result of the attacks, or have inadequate
health insurance for the medical conditions they developed as a
result of recovery work at the World Trade Center site.
(5) Rescue workers and volunteers seeking workers
compensation apparently have had their applications denied,
delayed for months, or redirected, instead of receiving
assistance in a timely and supportive manner.
(6) Confusion still exists within the population of
recovery workers and first responders about where to obtain
compensation for income losses and medical costs related to
their service in the September 11th recovery effort.
(7) Residents of the City of New York need to be included
in any health monitoring program to best protect their long-
term health.
(8) Federal aid allocated for the monitoring of rescue
workers' health may need to be increased to ensure the long-
term study of health impacts of 9/11.
(9) Research on the health impacts of the devastation
caused by the September 11th terrorist attacks has started,
with initial findings of relationships between the air quality
from Ground Zero and a host of health impacts including, lower
pregnancy rates, lower birth weights in babies born nine months
after the disaster, and higher rates of respiratory and lung
disorders in workers and residents near Ground Zero.
(10) Further research is needed to evaluate more
comprehensively the health impacts of September 11 and research
is needed regarding possible treatment for the illnesses and
injuries of September 11.
(11) The Federal response to medical issues arising from
September 11th response efforts need improvement to meet the
needs of rescue workers and local residents still suffering
health problems from the disaster.
(12) A Federal agency or official needs to be designated to
coordinate and monitor the overall Federal response to the
health impacts of September 11.
SEC. 3. HEALTH CARE INSURANCE.
Subtitle B of title VI of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act is amended by adding at the end the
following:
``SEC. 630. PROTECTIONS FOR CERTAIN INDIVIDUALS.
``(a) Work Injuries.--For the purposes of subchapter I of chapter
81 of title 5, United States Code, relating to compensation to Federal
employees for work injuries, eligible recipients as defined in
subsection (d) under this Act shall be deemed civil employees of the
United States within the meaning of the term `employee' as defined in
section 8101 of title 5, United States Code, and the provisions of that
subchapter shall apply.
``(b) Personal Property.--For the purpose of claims relating to
damage to, or loss of, personal property of an eligible recipient
incident to service, an eligible recipient under this Act shall be
considered in the same manner as if such eligible recipient was a civil
employee of the Government of the United States, except that an
eligible recipient shall not be responsible for the payment of any
health care expenses, including mental health coverage, prescription
drugs, or copayments for all health and mental health care expenses
that result from exposure to the adverse conditions after the terrorist
attack on September 11, 2001.
``(c) General Rule.--Except as otherwise provided in this section,
an eligible recipient shall not be deemed a Federal employee and shall
not be subject to the provisions of law relating to Federal employment,
including those relating to hours of work, rates of compensation,
leave, unemployment compensation, and Federal employee benefits.
``(d) Eligible Recipient Defined.--
``(1) Eligible recipient.--Except as provided in paragraph
(2), for purposes of this section, the term `eligible
recipient' means--
``(A) emergency service personnel and rescue and
recovery personnel who responded to the terrorist
attacks that occurred on September 11, 2001, in New
York City, in the State of New York, any time during
the period of September 11, 2001, through August 31,
2002;
``(B) any other worker or volunteer who responded
to such attacks, including--
``(i) a police officer;
``(ii) a firefighter;
``(iii) an emergency medical technician;
``(iv) a transit worker;
``(v) any participating member of an urban
search and rescue team;
``(vi) a Federal or State employee;
``(vii) any other relief or rescue worker
or volunteer whom the Secretary determines to
be appropriate;
``(viii) a person who assisted in the
recovery of human remains; and
``(ix) a person who assisted in the
criminal investigation;
``(C) a worker who responded to such attacks by
assisting in the cleanup or restoration of critical
infrastructure in and around New York City;
``(D) a person whose place of residence is in the
declared disaster area;
``(E) a person who was employed in or attended
school, child care, or adult day care in a building
located in the declared disaster area any time during
the period of September 11, 2001, through August 31,
2002;
``(F) a person who was employed at the Fresh Kills
recovery site on Staten Island at any time during the
period of September 11, 2001, through August 31, 2002;
and
``(G) any other person whom the Secretary
determines to be appropriate.
``(2) Notwithstanding the determination requirements of
paragraph (1), the immediate family members of an individual
who is an eligible recipient under paragraph (1) may receive
benefits under this section if the eligible recipient--
``(A) is or was on the date of the September 11th
attacks the policy holder for such family; and
``(B) received family health insurance as of
September 11, 2001.''.
SEC. 4. HEALTH SCREENINGS, EXAMINATIONS, AND MONITORING SERVICES.
(a) In General.--Part B of title III of the Public Health Service
Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317R
the following section:
``SEC. 317T. CERTAIN HEALTH SERVICES FOR INDIVIDUALS ASSISTING WITH
RESPONSE TO SEPTEMBER 11 TERRORIST ATTACKS IN NEW YORK
CITY.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall make awards of
grants or cooperative agreements for the purpose of carrying out
baseline and follow-up screening and clinical examinations, and long-
term health monitoring and analysis, for covered individuals who meet
the eligibility criteria under subsection (d).
``(b) Covered Individuals.--For purposes of this section, the term
`covered individuals' means--
``(1) emergency service personnel and rescue and recovery
personnel who responded to the terrorist attacks that occurred
on September 11, 2001, in New York City, in the State of New
York, any time during the period of September 11, 2001, through
August 31, 2002;
``(2) any other worker or volunteer who responded to such
attacks, including--
``(A) a police officer;
``(B) a firefighter;
``(C) an emergency medical technician;
``(D) a transit worker;
``(E) any participating member of an urban search
and rescue team;
``(F) Federal and State employees;
``(G) a person who worked to recover human remains;
``(H) a person who worked on the criminal
investigation; and
``(I) any other relief or rescue worker or
volunteer whom the Secretary determines to be
appropriate;
``(3) a worker who responded to such attacks by assisting
in the cleanup or restoration of critical infrastructure in and
around the designated disaster area;
``(4) a person whose place of residence is in the declared
disaster area;
``(5) a person who is employed in or attends school, child
care, or adult day care in a building located in the declared
disaster area;
``(6) a person who was employed at the Fresh Kills recovery
site on Staten Island at any time during the period of
September 11, 2001, through August 31, 2002; and
``(7) any other person whom the Secretary determines to be
appropriate.
``(c) Award Recipient.--
``(1) In general.--Subject to the submission of an
application satisfactory to the Secretary, awards under
subsection (a) shall be made only to--
``(A) the consortium of medical entities that,
pursuant to the program referred to in subsection (g),
provided health services described in subsection (a)
during fiscal year 2003 for the personnel described in
subsection (b)(1), subject to the consortium meeting
the criteria established in paragraph (2); and
``(B) the separate program carried out by the New
York City Fire Department.
``(2) Criteria.--For purposes of paragraph (1)(A), the
criteria described in this paragraph for the consortium
referred to in such paragraph are that the consortium has
appropriate experience in the areas of environmental or
occupational health, toxicology, and safety, including
experience in--
``(A) developing clinical protocols and conducting
clinical health examinations, including mental health
assessments;
``(B) conducting long-term health monitoring and
epidemiological studies;
``(C) conducting long-term mental health studies;
and
``(D) establishing and maintaining medical
surveillance programs and environmental exposure or
disease registries.
``(d) Eligibility of Covered Individuals.--The Secretary shall
determine eligibility criteria for covered individuals to receive
health services under subsection (a). Such criteria shall include the
requirement that a covered individual may not receive services through
the program under such section unless the individual enrolls in the
program.
``(e) Certain Program Requirements.--With respect to the program
under subsection (a), the Secretary shall provide for the following:
``(1) Awards under subsection (a) shall designate an amount
to be available only for covered individuals who--
``(A) are active or retired firefighters of New
York City; and
``(B) in responding to the terrorist attacks of
September 11, 2001, provided services in the immediate
vicinity of the World Trade Center.
``(2) A covered individual enrolled in the program may not
receive services under the program for a period exceeding 20
years after the date on which the individual first receive
services under the program, except that the Secretary may
designate a longer period if the Secretary determines that a
longer period is appropriate with respect to the health of
covered individuals.
``(3) The program may not establish a maximum enrollment
number of fewer than 40,000 covered individuals.
``(f) Authority Regarding Treatment.--The Secretary may, to the
extent determined appropriate by the Secretary, authorize the program
under subsection (a) to provide treatment services to covered
individuals who have no other means of obtaining treatment.
``(g) Relation to Certain Program.--Effective on and after the date
of the enactment of the Remember 9/11 Health Act, the two programs
carried out pursuant to the appropriation of $90,000,000 made in Public
Law 107-206 under the heading `Public Health and Social Services
Emergency Fund', which programs provide health services described in
subsection (a) for the personnel described in subsection (b)(1), shall
be considered to be carried out under authority of this section and
shall be subject to the requirements of this section, except for any
period of transition determined appropriate by the Secretary, not to
exceed one year after such date of enactment.
``(h) Authorization of Appropriations.--For the purpose of awards
under subsection (a), there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 2007 through 2026, in
addition to any other authorizations of appropriations that are
available for such purpose.''.
(b) Programs Regarding Attack at Pentagon.--The Secretary of Health
and Human Services may, to the extent determined appropriate by the
Secretary, establish with respect to the terrorist attack at the
Pentagon on September 11, 2001, programs similar to the programs that
are established in sections 317T and 409J of the Public Health Service
Act with respect to the terrorist attacks on such date in New York
City, in the State of New York.
SEC. 5. RESEARCH REGARDING CERTAIN HEALTH CONDITIONS.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by inserting after section 409I the following
section:
``SEC. 409J. RESEARCH REGARDING CERTAIN HEALTH CONDITIONS OF
INDIVIDUALS ASSISTING WITH RESPONSE TO SEPTEMBER 11
TERRORIST ATTACKS IN NEW YORK CITY.
``(a) In General.--With respect to covered individuals as defined
in section 317T, the Director of NIH shall conduct or support--
``(1) diagnostic research on qualifying health conditions
of such individuals, in the case of conditions for which there
has been diagnostic uncertainty; and
``(2) research on treating qualifying health conditions of
such individuals, in the case of conditions for which there has
been treatment uncertainty.
``(b) Qualifying Health Conditions.--For purposes of this section,
the term `qualifying health conditions' means adverse health conditions
that are considered by the Secretary to be associated with exposure to
one or more of the sites of the terrorist attacks that occurred on
September 11, 2001, in New York City, in the State of New York.
``(c) Consultation With Certain Medical Consortium.--The Secretary
shall carry out this section in consultation with--
``(1) the consortium of medicine entities referred to in
section 317T(c)(1); and
``(2) the firefighters department of New York City, and the
union for the firefighters of such department.
``(d) Annual Report.--The Director of NIH shall annually submit to
the Congress a report describing the findings of research under
subsection (a).
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2007 through 2010, in
addition to any other authorizations of appropriations that are
available for such purpose.''.
SEC. 6. 9/11 HEALTH EMERGENCY COORDINATING COUNCIL.
(a) Establishment.--The Secretary of Health and Human Services
shall convene a council, to be known as ``9/11 Health Emergency
Coordinating Council'' (in this section referred to as the
``Council''), for the following purposes:
(1) Discussing, examining, and formulating recommendations
with respect to the adequacy and coordination of the following:
(A) Response by the Federal Government, State
governments, local governments, and the private sector
to the terrorist attacks of September 11, 2001.
(B) Care and compensation for the victims of such
attacks.
(C) Federal tracking of the monitoring of, and
possible treatment for, individuals who are directly
suffering from, or may have long-term health effects
from, such attacks.
(D) Coordination among the members of the Council
in responding to the terrorist attacks of September 11,
2001.
(2) In accordance with subsection (c), rendering advisory
opinions on the scope of any obligation of the Federal
Government resulting from the terrorist attacks of September
11, 2001, relative to any obligation of an insurance company
resulting from such attacks.
(b) Membership.--
(1) Chairperson.--The Secretary of Health and Human
Services (or the Secretary's designee) shall serve as the
chairperson of the Council.
(2) Required members.--The members of the Council shall
include the following:
(A) The Secretary of Defense (or the Secretary's
designee).
(B) The Secretary of Labor (or the Secretary's
designee).
(C) The Director of the Federal Emergency
Management Agency (or the Director's designee).
(D) The Director of the National Institutes of
Health (or the Director's designee).
(E) The Director of the National Institute for
Occupational Safety and Health (or the Director's
designee).
(F) A representative of the Crime Victims Fund
established under section 1402 of the Victims of Crime
Act of 1984 (42 U.S.C. 10601).
(3) Invitees.--The Secretary of Health and Human Services
shall invite the following individuals to serve as members of
the Council:
(A) The Governor of the State of New York (or the
Governor's designee).
(B) The Mayor of New York City (or the Mayor's
designee).
(C) 1 representative of the New York City Fire
Department.
(D) 2 representatives of the unions of New York
City Fire Department employees.
(E) 1 representative of the New York City Police
Department.
(F) 2 representatives of the unions of New York
City Police Department employees.
(G) 1 representative of the police department of
the Port Authority of New York and New Jersey.
(H) 2 representatives of the union of the police
department of the Port Authority of New York and New
Jersey.
(I) 1 representative of the New York State
Department of Health.
(J) 1 representative of the New York State Workers'
Compensation Board.
(K) 1 representative of the New York City
Department of Health.
(L) 1 representative of the New York City Office of
Emergency Management.
(M) 1 representative of the Association of
Occupational and Environmental Clinics.
(N) 1 representative of the New York Committee for
Occupational Safety and Health (NYCOSH).
(O) 1 representative of charitable organizations
that had volunteers at Ground Zero.
(P) 10 representatives of labor unions in New York
City that--
(i) are not otherwise listed in this
paragraph; and
(ii) reflect a cross section of labor
unions (including construction, municipal, and
other labor unions) whose members responded to,
or assisted with the cleanup resulting from,
the attacks of September 11, 2001.
(Q) 5 representatives of nonprofit volunteer
entities that assisted in recovery efforts following
the terrorist attacks of September 11, 2001.
(R) 5 representatives of a regional occupational
provider that--
(i) works with the World Trade Center
Worker and Volunteer Medical Screening Program;
and
(ii) is under the direction of the Mount
Sinai Center for Occupational and Environmental
Medicine.
(c) Advisory Opinions.--
(1) In general.--Subject to paragraph (2), the Council may
render an advisory opinion on the scope of any obligation of
the Federal Government resulting from the terrorist attacks of
September 11, 2001, relative to any obligation of an insurance
company resulting from such attacks.
(2) Limitation.--The Council may issue an advisory opinion
described in this subsection only at the request of a party to
one of the obligations involved.
(d) Meetings.--The Council shall meet not less than 4 times each
calendar year.
(e) Reports.--Not less than once each calendar year, the Council
shall submit to the Congress a report on the recommendations of the
Council.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2007 through 2016.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $1,900,000,000 for the
period of fiscal years 2007 through 2012 for carrying out section 317T
of the Public Health Service Act (as added by section 4(a) of this
Act), section 4(b) of this Act, section 409J of the Public Health
Service Act (as added by section 5 of this Act), and section 6 of this
Act. Such authorization of appropriations is in addition to any other
authorizations of appropriations available for carrying out any of such
sections.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Referred to the Subcommittee on Health.
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