Pub. L. 114-113, div. O, tit. III, sec. 302 (as amended)
REAUTHORIZING THE WORLD TRADE CENTER HEALTH PROGRAM.
SEC. 302. REAUTHORIZING THE WORLD TRADE CENTER HEALTH PROGRAM.
(a) World Trade Center Health Program Fund.—Section 3351 of the Public Health Service Act (42 U.S.C. 300mm-61) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by striking “each of fiscal years 2012” and all that follows through “2011)” and inserting “fiscal year 2016 and each subsequent fiscal year through fiscal year 2090”; and
(ii) by striking subparagraph (A) and inserting the following:
“(A) the Federal share, consisting of an amount equal to—
“(i) for fiscal year 2016, $330,000,000;
“(ii) for fiscal year 2017, $345,610,000;
“(iii) for fiscal year 2018, $380,000,000;
“(iv) for fiscal year 2019, $440,000,000;
“(v) for fiscal year 2020, $485,000,000;
“(vi) for fiscal year 2021, $501,000,000;
“(vii) for fiscal year 2022, $518,000,000;
“(viii) for fiscal year 2023, $535,000,000;
“(ix) for fiscal year 2024, $552,000,000;
“(x) for fiscal year 2025, $570,000,000; and
“(xi) for each subsequent fiscal year through fiscal year 2090, the amount specified under this subparagraph for the previous fiscal year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) as estimated by the Secretary for the 12-month period ending with March of the previous year; plus”
; and
(B) by striking paragraph (4) and inserting the following:
“(4) Amounts from prior fiscal years.—Amounts that were deposited, or identified for deposit, into the Fund for any fiscal year under paragraph (2), as such paragraph was in effect on the day before the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, that were not expended in carrying out this title for any such fiscal year, shall remain deposited, or be deposited, as the case may be, into the Fund.
“(5) Amounts to remain available until expended.—Amounts deposited into the Fund under this subsection, including amounts deposited under paragraph (2) as in effect on the day before the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, for a fiscal year shall remain available, for the purposes described in this title, until expended for such fiscal year and any subsequent fiscal year through fiscal year 2090.”
;
(2) in subsection (b)(1), by striking “sections 3302(a)” and all that follows through “3342” and inserting “sections 3301(e), 3301(f), 3302(a), 3302(b), 3303, 3304, 3305(a)(1), 3305(a)(2), 3305(c), 3341, and 3342”; and
(3) in subsection (c)—
(A) in paragraph (1)—
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (B); and
(iii) by amending subparagraph (A) to read as follows:
“(A) for fiscal year 2016, the amount determined for such fiscal year under subparagraph (C) as in effect on the day before the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act; and”
;
(B) in paragraph (2)—
(i) by amending subparagraph (A) to read as follows:
“(A) for fiscal year 2016, $200,000;”
;
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as subparagraph (B);
(C) in paragraph (3), by striking “section 3303” and all that follows and inserting “section 3303, for fiscal year 2016 and each subsequent fiscal year, $750,000.”;
(D) in paragraph (4), by striking subparagraphs (A) and (B) and inserting the following:
“(A) for fiscal year 2016, the amount determined for such fiscal year under subparagraph (C) as in effect on the day before the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act;
“(B) for fiscal year 2017, $15,000,000; and”
;
(E) in paragraph (5)—
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (B); and
(iii) by amending subparagraph (A) to read as follows:
“(A) for fiscal year 2016, the amount determined for such fiscal year under subparagraph (C) as in effect on the day before the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act; and”
; and
(F) in paragraph (6)—
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (B); and
(iii) by amending subparagraph (A) to read as follows:
“(A) for fiscal year 2016, the amount determined for such fiscal year under subparagraph (C) as in effect on the day before the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act; and”
.
(b) GAO Studies; Regulations; Termination.—Section 3301 of the Public Health Service Act (42 U.S.C. 300mm) is amended by adding at the end the following:
“(i) GAO Studies.—
“(1) Report.—Not later than 18 months after the date of the enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that assesses, with respect to the WTC Program, the effectiveness of each of the following:
“(A) The quality assurance program developed and implemented under subsection (e).
“(B) The procedures for providing certifications of coverage of conditions as WTC-related health conditions for enrolled WTC responders under section 3312(b)(2)(B)(iii) and for screening-eligible WTC survivors and certified-eligible WTC survivors under such section as applied under section 3322(a).
“(C) Any action under the WTC Program to ensure appropriate payment (including the avoidance of improper payments), including determining the extent to which individuals enrolled in the WTC Program are eligible for workers compensation or sources of health coverage, ascertaining the liability of such compensation or sources of health coverage, and making recommendations for ensuring effective and efficient coordination of benefits for individuals enrolled in the WTC Program that does not place an undue burden on such individuals.
“(2) Subsequent assessments.—Not later than 6 years and 6 months after the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, and every 5 years thereafter through fiscal year 2042, the Comptroller General of the United States shall—
“(A) consult the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the objectives in assessing the WTC Program; and
“(B) prepare and submit to such Committees a report that assesses the WTC Program for the applicable reporting period, including the objectives described in subparagraph (A).
“(j) Regulations.—The WTC Program Administrator is authorized to promulgate such regulations as the Administrator determines necessary to administer this title.
“(k) Termination.—The WTC Program shall terminate on October 1, 2090.”
.
(c) Clinical Centers of Excellence and Data Centers.—Section 3305 of the Public Health Service Act (42 U.S.C. 300mm-4) is amended—
(1) in subsection (a)—
(A) in paragraph (1)(B), by inserting “and retention” after “outreach”; and
(B) in paragraph (2)(A)(iii), by inserting “and retention” after “outreach”; and
(2) in subsection (b)(1)(B)(vi), by striking “section 3304(c)” and inserting “section 3304(d)”.
(d) World Trade Center Responders.—Section 3311(a)(4)(B)(i)(II) of the Public Health Service Act (42 U.S.C. 300mm-21(a)(4)(B)(i)(II)) is amended by striking “through the end of fiscal year 2020”.
(e) Additions to List of Health Conditions for WTC Responders.—
(1) Expanding time for actions by administrator and by advisory committee.—Section 3312(a)(6) of the Public Health Service Act (42 U.S.C. 300mm-22(a)(6)) is amended—
(A) in subparagraph (B), in the matter preceding clause (i), by striking “60 days” and inserting “90 days”; and
(B) in subparagraph (C), by striking “60 days” each place such term appears and inserting “90 days”.
(2) Peer review for decisions; enhanced role of advisory committee.—Section 3312(a)(6) of the Public Health Service Act (42 U.S.C. 300mm-22(a)(6)), as amended by paragraph (1), is further amended by adding at the end the following:
“(F) Independent peer reviews.—Prior to issuing a final rule to add a health condition to the list in paragraph (3), the WTC Program Administrator shall provide for an independent peer review of the scientific and technical evidence that would be the basis for issuing such final rule.
“(G) Additional advisory committee recommendations.—
“(i) Program policies.—
“(I) Existing policies.—Not later than 1 year after the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, the WTC Program Administrator shall request the Advisory Committee to review and evaluate the policies and procedures, in effect at the time of the review and evaluation, that are used to determine whether sufficient evidence exists to support adding a health condition to the list in paragraph (3).
“(II) Subsequent policies.—Prior to establishing any substantive new policy or procedure used to make the determination described in subclause (I) or prior to making any substantive amendment to any policy or procedure described in such subclause, the WTC Program Administrator shall request the Advisory Committee to review and evaluate such substantive policy, procedure, or amendment.
“(ii) Identification of individuals conducting independent peer reviews.—Not later than 1 year after the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act and not less than every 2 years thereafter, the WTC Program Administrator shall seek recommendations from the Advisory Committee regarding the identification of individuals to conduct the independent peer reviews under subparagraph (F).”
.
(f) World Trade Center Survivors.—Section 3321(a)(3)(B)(i)(II) of the Public Health Service Act (42 U.S.C. 300mm-31(a)(3)(B)(i)(II)) is amended by striking “through the end of fiscal year 2020”.
(g) Payment of Claims.—Section 3331(d)(1)(B) of the Public Health Service Act (42 U.S.C. 300mm-41(d)(1)(B)) is amended—
(1) by striking “the last calendar quarter” and all that follows through “2015” and inserting “each calendar quarter of fiscal year 2016 and of each subsequent fiscal year through fiscal year 2090,”; and
(2) by striking “and with respect to calendar quarters in fiscal year 2016” and all that follows and inserting a period.
(h) World Trade Center Health Registry.—Section 3342 of the Public Health Service Act (42 U.S.C. 300mm-52) is amended by striking “April 20, 2009” and inserting “January 1, 2015”.