HR 847 - 9/11 Health and Compensation Act - National Key Vote

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Title: 9/11 Health and Compensation Act

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes the World Trade Center Health Program for responders to and survivors of the September 11, 2001, terrorist attacks, and extends coverage under the September 11th Victim Compensation Fund.

Highlights:

  • Establishes the World Trade Center Health Program, beginning July 1, 2011, to provide the following (Sec. 101):
    • Medical monitoring and treatment benefits to certain emergency responders and cleanup workers who responded to the September 11, 2001, terrorist attacks; and
    • Initial health evaluations, monitoring, and treatment benefits to New York City residents and workers who were directly impacted and adversely affected by the attacks.
  • Defines a health condition related to the September 11, 2001, terrorist attacks as an illness or mental health condition for which exposure to adverse conditions resulting from the attacks is likely to be a significant factor in aggravating, contributing to, or causing the illness or condition (Sec. 101).
  • Defines a World Trade Center responder as an individual who meets one of the following criteria (Sec. 101):
    • Has been deemed eligible for monitoring, as of the bill's date of enactment, under arrangements between the National Institute for Occupational Safety and Health and either the New York City Fire Department or the consortium coordinated by Mt. Sinai Hospital;
    • Performed rescue, recovery, demolition, cleanup, or other related services in the New York City disaster area in response to the attacks of September 11, 2001, and meets eligibility criteria determined by the World Trade Center Health Program Administrator;
    • Was a member of the New York City Fire Department and participated in rescue and recovery efforts at any of the former World Trade Center sites, the Staten Island Landfill, or the New York City Chief Medical Examiner's Office, for at least one day between September 11, 2001, and July 31, 2002; 
    • Is a surviving immediate family member of a member of the New York City Fire Department who was killed at the World Trade Center on September 11, 2001, and has received treatment for a health condition related to the attacks on or before September 8, 2008;
    • Performed rescue, recovery, cleanup, or other related services in lower Manhattan, the Staten Island Landfill, or the barge loading piers for:
      • At least 4 hours between September 11, 2001, and September 14, 2001; -At least 24 hours between September 11, 2001, and September 30, 2001; or
      • At least 80 hours between September 11, 2001, and July 31, 2002;
    • Was a member of the New York City Police Department or the Port Authority Police of the Port Authority of New York and New Jersey and:
      • Participated in rescue and recovery efforts in lower Manhattan, the Staten Island Landfill, or the barge loading piers for at least 4 hours between September 11, 2001, and September 14, 2001;
      • Participated in rescue and recovery efforts in lower Manhattan, the Staten Island Landfill, or the barge loading piers for at least 1 day between September 11, 2001, and July 31, 2002;
      • Participated in rescue and recovery efforts in lower Manhattan for at least 24 hours between September 11, 2001, and September 30, 2001; or
      • Participated in rescue and recovery efforts in lower Manhattan for at least 80 hours between September 11, 2001, and July 31, 2002;
    • Was an employee of the New York City Chief Medical Examiner's Office, or was a morgue worker, who handled human remains from the World Trade Center attacks between September 11, 2001, and July 31, 2002;
    • Was a worker in the Port Authority Trans-Hudson Corporation Tunnel for at least 24 hours between February 1, 2002, and July 1, 2002;
    • Was a vehicle-maintenance worker exposed to debris from the World Trade Center while maintaining vehicles contaminated by toxins resulting from the September 11, 2001, terrorist attacks from September 11, 2001 until July 31, 2002; or
    • Participated in the rescue and recovery efforts at the aircraft crash sites related to the September 11, 2001, terrorist attacks at the Pentagon or at Shanksville, Pennsylvania, from September 11, 2001 until the date cleanup concluded, and meets eligibility criteria determined by the World Trade Center Health Program Administrator.
  • Defines a World Trade Center survivor as an individual that meets one of the following criteria (Sec. 101):
    • Has been deemed eligible for medical treatment and monitoring by the World Trade Center Environmental Health Center as of the bill's date of enactment;
    • Is not a World Trade Center responder, claims symptoms of a health condition related to the September 11, 2001, terrorist attacks, and meets eligibility criteria determined by the World Trade Center Health Program Administrator; or
    • Is not a World Trade Center responder, claims symptoms of a health condition related to the September 11, 2001, terrorist attacks, and meets one of the following criteria:
      • Was present in the New York City disaster area in the dust or dust cloud on September 11, 2001;
      • Worked, resided, or attended school, childcare, or adult daycare in the New York City disaster area for at least 4 days between September 11, 2001, and January 10, 2002, or for at least 30 days between September 11, 2001, and July 31, 2002;
      • Worked as a cleanup or maintenance worker in the New York City disaster area between September 11, 2001, and January 10, 2002, and had extensive exposure to dust related to the World Trade Center as a result of that work;
      • Was deemed eligible for a grant from the Lower Manhattan Development Corporation Residential Grant Program, rented or owned a residence in the New York City disaster area, and resided in that residence between September 11, 2001, and May 31, 2003; or
      • Was deemed eligible for any government incentive program designed to revitalize the lower Manhattan economy after the attacks of September 11, 2001, and whose place of employment was in the New York City disaster area at any time between September 11, 2001, and May 31, 2003.
  • Prohibits individuals listed on the United States Department of Homeland Security's terrorist watch list from qualifying for the World Trade Center Health Program (Sec. 101).
  • Limits the total number of eligible responders and survivors enrolled in the World Trade Center Health Program to no more than 25,000 at any giventime (Sec. 101).
  • Requires the Inspector General of the United States Department of Health and Human Services to review the World Trade Center Health Program for fraudulent and unreasonable expenses (Sec. 101).
  • Requires the World Trade Center Health Program Administrator to appoint and consult with an advisory committee consisting of the following members (Sec. 101):
    • 4 occupational physicians, at least 2 of whom must have experience treating World Trade Center rescue and recovery workers;
    • 1 each of a physician with expertise in pulmonary medicine, an industrial hygienist, a toxicologist, an epidemiologist, and a mental health professional;
    • 2 environmental medicine specialists;
    • 2 representatives of certified-eligible World Trade Center responders; and
    • 2 representatives of World Trade Center survivors.
  • Requires the World Trade Center Health Program Administrator to consult with steering committees representing World Trade Center responders and World Trade Center survivors (Sec. 101).
  • Requires New York City to pay for 10 percent of the costs of the World Trade Center Health Program through fiscal year 2015, and to pay for 1/9 of the costs in fiscal year 2016 (Sec. 101).
  • Establishes the World Trade Center Health Program Fund, and requires the Federal share of the fund to be the lesser of 90 percent of the costs of the World Trade Center Health Program or the following for each of fiscal years 2012 through 2016 (Sec. 101):
    • $71 million for the last calendar quarter of fiscal year 2011;
    • $318 million for fiscal year 2012;
    • $354 million for fiscal year 2013;
    • $382 million for fiscal year 2014;
    • $431 million for fiscal year 2015; and
    • An additional amount for fiscal year 2016 from unspent funds from previous fiscal years.
  • Prohibits the total Federal share of the World Trade Center Health Program Fund from being greater than $1.56 billion (Sec. 101).
  • Extends the deadline for claims under the September 11th Victim Compensation Fund from 2 years after the date regulations went into effect to 5 years after the date regulations went into effect (Sec. 202).
  • Limits the total amount of compensation paid under the September 11th Victim Compensation Fund to $2.78 billion, of which no more than $875 million may be paid out during the 5-year extension (Sec. 205).
  • Requires the September 11th Victim Compensation Fund to permanently close after all payments have been completed (Sec. 205).

See How Your Politicians Voted

Title: 9/11 Health and Compensation Act

Vote Smart's Synopsis:

Vote on a motion to invoke cloture on a bill that establishes the World Trade Center Health Program for responders to and survivors of the September 11, 2001, terrorist attacks, and extends coverage under the September 11th Victim Compensation Fund.

Highlights:

  • Establishes the World Trade Center Health Program, beginning July 1, 2011, to provide the following (Sec. 101):
    • Medical monitoring and treatment benefits to certain emergency responders and cleanup workers who responded to the September 11, 2001, terrorist attacks; and
    • Initial health evaluations, monitoring, and treatment benefits to New York City residents and workers who were directly impacted and adversely affected by the attacks.
  • Defines a health condition related to the September 11, 2001, terrorist attacks as an illness or mental health condition for which exposure to adverse conditions resulting from the attacks is likely to be a significant factor in aggravating, contributing to, or causing the illness or condition (Sec. 101).
  • Defines a World Trade Center responder as an individual who meets one of the following criteria (Sec. 101):
    • Has been deemed eligible for monitoring, as of the bill's date of enactment, under arrangements between the National Institute for Occupational Safety and Health and either the New York City Fire Department or the consortium coordinated by Mt. Sinai Hospital;
    • Performed rescue, recovery, demolition, cleanup, or other related services in the New York City disaster area in response to the attacks of September 11, 2001, and meets eligibility criteria determined by the World Trade Center Health Program Administrator;
    • Was a member of the New York City Fire Department and participated in rescue and recovery efforts at any of the former World Trade Center sites, the Staten Island Landfill, or the New York City Chief Medical Examiner's Office, for at least one day between September 11, 2001, and July 31, 2002;
    • Is a surviving immediate family member of a member of the New York City Fire Department who was killed at the World Trade Center on September 11, 2001, and has received treatment for a health condition related to the attacks on or before September 8, 2008;
    • Performed rescue, recovery, cleanup, or other related services in lower Manhattan, the Staten Island Landfill, or the barge loading piers for:
      • At least 4 hours between September 11, 2001, and September 14, 2001;
      • At least 24 hours between September 11, 2001, and September 30, 2001; or
      • At least 80 hours between September 11, 2001, and July 31, 2002;
    • Was a member of the New York City Police Department or the Port Authority Police of the Port Authority of New York and New Jersey and:
      • Participated in rescue and recovery efforts in lower Manhattan, the Staten Island Landfill, or the barge loading piers for at least 4 hours between September 11, 2001, and September 14, 2001;
      • Participated in rescue and recovery efforts in lower Manhattan, the Staten Island Landfill, or the barge loading piers for at least 1 day between September 11, 2001, and July 31, 2002;
      • Participated in rescue and recovery efforts in lower Manhattan for at least 24 hours between September 11, 2001, and September 30, 2001; or
      • Participated in rescue and recovery efforts in lower Manhattan for at least 80 hours between September 11, 2001, and July 31, 2002;
      • Was an employee of the New York City Chief Medical Examiner's Office, or was a morgue worker, who handled human remains from the World Trade Center attacks between September 11, 2001, and July 31, 2002;
      • Was a worker in the Port Authority Trans-Hudson Corporation Tunnel for at least 24 hours between February 1, 2002, and July 1, 2002;
      • Was a vehicle-maintenance worker exposed to debris from the World Trade Center while maintaining vehicles contaminated by toxins resulting from the September 11, 2001, terrorist attacks from September 11, 2001 until July 31, 2002; or
      • Participated in the rescue and recovery efforts at the aircraft crash sites related to the September 11, 2001, terrorist attacks at the Pentagon or at Shanksville, Pennsylvania, from September 11, 2001 until the date cleanup concluded, and meets eligibility criteria determined by the World Trade Center Health Program Administrator.
  • Defines a World Trade Center survivor as an individual that meets one of the following criteria (Sec. 101):
    • Has been deemed eligible for medical treatment and monitoring by the World Trade Center Environmental Health Center as of the bill's date of enactment;
    • Is not a World Trade Center responder, claims symptoms of a health condition related to the September 11, 2001, terrorist attacks, and meets eligibility criteria determined by the World Trade Center Health Program Administrator; or
    • Is not a World Trade Center responder, claims symptoms of a health condition related to the September 11, 2001, terrorist attacks, and meets one of the following criteria:
      • Was present in the New York City disaster area in the dust or dust cloud on September 11, 2001;
      • Worked, resided, or attended school, childcare, or adult daycare in the New York City disaster area for at least 4 days between September 11, 2001, and January 10, 2002, or for at least 30 days between September 11, 2001, and July 31, 2002;
      • Worked as a cleanup or maintenance worker in the New York City disaster area between September 11, 2001, and January 10, 2002, and had extensive exposure to dust related to the World Trade Center as a result of that work;
      • Was deemed eligible for a grant from the Lower Manhattan Development Corporation Residential Grant Program, rented or owned a residence in the New York City disaster area, and resided in that residence between September 11, 2001, and May 31, 2003; or
      • Was deemed eligible for any government incentive program designed to revitalize the lower Manhattan economy after the attacks of September 11, 2001, and whose place of employment was in the New York City disaster area at any time between September 11, 2001, and May 31, 2003.
  • Prohibits individuals listed on the United States Department of Homeland Security's terrorist watch list from qualifying for the World Trade Center Health Program (Sec. 101).
  • Limits the total number of eligible responders and survivors enrolled in the World Trade Center Health Program to no more than 25,000 at any given time (Sec. 101).
  • Requires the Inspector General of the United States Department of Health and Human Services to review the World Trade Center Health Program for fraudulent and unreasonable expenses (Sec. 101).
  • Requires the World Trade Center Health Program Administrator to appoint and consult with an advisory committee consisting of the following members (Sec. 101):
    • 4 occupational physicians, at least 2 of whom must have experience treating World Trade Center rescue and recovery workers;
    • 1 physician with expertise in pulmonary medicine;
    • 2 environmental medicine specialists;
    • 2 representatives of certified-eligible World Trade Center responders;
    • 2 representatives of World Trade Center survivors;
    • 1 industrial hygienist;
    • 1 toxicologist;
    • 1 epidemiologist; and
    • 1 mental health professional.
  • Requires the World Trade Center Health Program Administrator to consult with steering committees representing World Trade Center responders and World Trade Center survivors (Sec. 101).
  • Requires New York City to pay for 10 percent of the costs of the World Trade Center Health Program through fiscal year 2018, and to pay for 1/9 of the costs in fiscal years 2019 through 2020 (Sec. 101).
  • Establishes the World Trade Center Health Program Fund, and requires the Federal share of the fund to be the lesser of 90 percent of the costs of the World Trade Center Health Program or the following for each of fiscal years 2012 through 2020 (Sec. 101):
    • $71 million for the last calendar quarter of fiscal year 2011;
    • $318 million for fiscal year 2012;
    • $354 million for fiscal year 2013;
    • $382 million for fiscal year 2014;
    • $431 million for fiscal year 2015;
    • $481 million for fiscal year 2016;
    • $537 million for fiscal year 2017;
    • $601 million for fiscal year 2018;
    • $173 million for fiscal year 2019; and
    • An additional $499 million for fiscal year 2019 and $743 million for fiscal year 2020, as long as funds remain in the total authorized Federal share of the World Trade Center Health Program Fund.
  • Prohibits the total Federal share of the World Trade Center Health Program Fund from being greater than $3.35 billion (Sec. 101).
  • Extends the deadline for claims under the September 11th Victim Compensation Fund from 2 years after the date regulations went into effect to December 22, 2031 (Sec. 202).
  • Limits the total amount of compensation paid under the September 11th Victim Compensation Fund to $8.4 billion, of which $4.2 billion may be paid out during the first 10-year period, and the remaining $4.2 billion may be paid out after that period (Sec. 205).

NOTE: THIS IS A VOTE TO INVOKE CLOTURE ON A MOTION TO PROCEED, WHICH SENDS THE LEGISLATION TO THE FLOOR OF THE SENATE FOR DEBATE AND AMENDMENT. A MOTION TO PROCEED ALONE REQUIRES A MAJORITY FOR APPROVAL. HOWEVER, THE MOTION CAN BE FILIBUSTERED, AND WHEN THIS OCCURS, A CLOTURE VOTE IS NECESSARY TO VOTE ON THE MOTION TO PROCEED. A THREE-FIFTHS MAJORITY OF THE SENATE IS NECESSARY TO INVOKE CLOTURE.

Title: 9/11 Health and Compensation Act

NOTE: THIS VOTE WAS TAKEN UNDER A SUSPENSION OF THE RULES TO CUT OFF DEBATE EARLY AND VOTE TO PASS THE BILL, THEREBY REQUIRING A TWO-THIRDS MAJORITY FOR PASSAGE.

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