Latest Title: James Zadroga 9/11 Health and Compensation Act of 2010
Sponsor: Rep Maloney, Carolyn B. [NY-14] (introduced 2/4/2009) Cosponsors (115)
Related Bills: H.RES.1674, S.1334
Latest Major Action: 12/6/2010 Senate floor actions. Status: Cloture motion on the motion to proceed to the bill presented in Senate.
House Reports: 111-560 Part 1, 111-560 Part 2
Jump to: Summary, Major Actions, All Actions, Titles, Cosponsors, Committees, Related Bill Details, Amendments
SUMMARY AS OF:
7/22/2010–Reported to House amended, Part II. (There are 2 other summaries)
James Zadroga 9/11 Health and Compensation Act of 2010 – Title I: World Trade Center Health Program – (Sec. 101) Amends the Public Health Service Act to establish the World Trade Center Health Program (WTC Program) within the National Institute for Occupational Safety and Health to provide: (1) medical monitoring and treatment benefits to eligible emergency responders and recovery and cleanup workers (including those who are federal employees) who responded to the September 11, 2001, terrorist attacks; and (2) initial health evaluation, monitoring, and treatment benefits to residents and other building occupants and area workers in New York City who were directly impacted and adversely affected by such attacks.
Includes within the WTC Program: (1) medical monitoring, including clinical examinations and long-term health monitoring and analysis for individuals who were likely to have been exposed to airborne toxins that were released, or to other hazards, as a result of the September 11, 2001, terrorist attacks; (2) an initial health evaluation, including an evaluation to determine eligibility for followup monitoring and treatment; (3) followup monitoring and treatment and payment for all medically necessary health and mental health care expenses of individuals with a WTC-related health condition, including necessary prescription drugs; (4) establishment of an outreach program to potentially eligible individuals concerning the benefits under this Act; (5) collection of health and mental health data on individuals receiving monitoring or treatment benefits, using a uniform system of data collection; and (6) establishment of a research program on health conditions resulting from the terrorist attacks.
Declares that monitoring and treatment benefits and initial health evaluation benefits are provided without any cost sharing to an eligible WTC responder or any other eligible WTC community member.
Requires payment for such treatment to be reduced or recouped for work-related conditions to the extent that the Administrator determines the payment has been made or can reasonably be expected to be made under a workers compensation law or plan. Makes the WTC Program a secondary payor for individuals with a public or private health plan.
Requires the WTC Program Administrator to: (1) develop and implement a quality assurance program for the medical monitoring and treatment delivered by Clinical Centers of Excellence and other participating health care providers; (2) develop and implement a program to review the Program’s health care expenditures to detect fraudulent or duplicate billing payment for inappropriate services; and (3) submit an annual report to Congress on the operations of this Act for the fiscal year and for the entire period of operation of the program.
Requires the WTC Program to be administered by the Director of the National Institute for Occupational Safety and Health or a designee of such Director.
Directs the Secretary to notify Congress when enrollments in the WTC Program reach a specified threshold.
Requires the Comptroller General to report to Congress on the cost of the monitoring and treatment programs provided under this Act.
Authorizes the City of New York to make recommendations to the WTC Program Administrator on ways to improve the monitoring and treatment programs under this Act for both eligible WTC responders and eligible WTC community members.
Directs the WTC Program Administrator to establish: (1) the WTC Health Program Scientific/Technical Advisory Committee to review scientific and medical evidence and to make recommendations to the Administrator on additional WTC Program eligibility criteria and on additional WTC-related health conditions; and (2) the WTC Responders Steering Committee and the WTC Community Program Steering Committee.
Requires the WTC Program Administrator to: (1) institute an education and outreach program on the existence and availability of services under the WTC Program; and (2) provide for the uniform collection and analysis of data on the utilization of monitoring and treatment benefits provided to eligible WTC responders and eligible WTC community members, the prevalence of WTC-related health conditions, and the identification of new WTC-related health conditions. Requires such data to be collected for all individuals provided monitoring or treatment benefits under this Act.
Requires the Administrator to enter into contracts with Clinical Centers of Excellence to provide: (1) monitoring and treatment benefits and initial health evaluation benefits; (2) outreach activities to individuals eligible for such benefits and for follow-up to individuals who are enrolled in the monitoring program; (3) benefits counseling with respect to WTC-related health conditions for eligible individuals; (4) benefits counseling with respect to WTC-related health conditions that may be available under workers’ compensation or other benefits programs for work-related injuries or illnesses, health insurance, disability insurance, or other insurance plans or through public or private social service agencies; (5) translational and interpretive services for program participants who are not English language proficient; and (6) data collection and reporting.
Requires the Administrator to enter into contracts with Coordinating Centers of Excellence to: (1) receive, analyze, and report to the Administrator on data collected and reported by Clinical Centers of Excellence; (2) develop medical monitoring, initial health evaluation, and treatment protocols; (3) coordinate outreach activities; (4) establish criteria for the credentialing of medical providers participating in the nationwide network of providers; (5) coordinate and administer the activities of the WTC Health Program Steering Committees; and (6) meet periodically with the corresponding Clinical Centers of Excellence to obtain input on the analysis and reporting of data collected and on the development of protocols.
Requires New York City to contribute its required matching funds for monitoring and treatment to qualify for a contract for the provision of such benefits. Limits the maximum amount of such matching requirement.
Sets forth provisions defining “Clinical Center of Excellence” and “Coordinating Center of Excellence” and establishing reimbursement rules for such Centers.
Declares that the provisions of this Act constitute budget authority in advance of appropriations and represent the obligations of the federal government to provide for the payment for such provisions of this Act.
Defines and sets forth eligibility requirements for WTC Responders. Establishes a limitation on the number of eligible WTC responders who may be enrolled in the WTC Program. Requires the WTC Program to provide monitoring benefits for eligible WTC responders, including long-term health monitoring and analysis.
Sets forth provisions governing the treatment of WTC responders for WTC-related health conditions. Defines “WTC-related health condition” and lists such health conditions for WTC-responders. Establishes standards for determining whether the terrorist attacks are responsible for a particular health condition.
Establishes: (1) a process for determinations as to whether to include additional health conditions on the list of WTC-related health conditions; and (2) a certification process for determinations that an eligible WTC responder has a WTC-related health condition.
Directs the Administrator to: (1) reimburse costs for medically necessary treatment for WTC-related health conditions; (2) establish a program for paying for the medically necessary outpatient prescription pharmaceuticals prescribed for such conditions; and (3) reimburse the costs of monitoring and the costs of an initial health evaluation.
Requires the Coordinating Centers of Excellence to develop medical treatment protocols for the treatment of certified-eligible WTC responders and certified-eligible WTC community members for identified WTC-related health conditions. Requires the WTC Program Administrator to approve such protocols.
Defines “eligible WTC community member” and establishes eligibility criteria for such individuals. Limits the total number of individuals who may be certified as eligible WTC community members.
Requires the WTC Program to provide for an initial health evaluation to determine if a certified eligible WTC community member has a WTC-related health condition and is eligible for followup monitoring and treatment benefits under the WTC Program.
Lists WTC-related health conditions for WTC community members.
Allows followup monitoring and treatment for individuals not otherwise qualified who have been diagnosed with a WTC-related health condition. Limits the amount of benefits that may be provided to all such individuals for any fiscal year.
Requires the WTC Program Administrator to establish a nationwide network of health care providers to provide monitoring and treatment benefits and initial health evaluations to ensure reasonable access to benefits for individuals who are enrolled WTC responders, screening-eligible WTC survivors, or certified-eligible WTC survivors who reside in a state outside the New York metropolitan area.
Requires the WTC Program Administrator to conduct or support: (1) research on physical and mental health conditions that may be related to the terrorist attacks; (2) research on diagnosing WTC-related health conditions in the case of conditions for which there has been diagnostic uncertainty; and (3) research on treating such conditions of such individuals in the case of conditions for which there has been treatment uncertainty.
Requires the Administrator to extend and expand the World Trade Center Health Registry.
Authorizes the WTC Program Administrator to make grants to the New York City Department of Health and Mental Hygiene to provide mental health services to address mental health needs related to the September 11, 2001, terrorist attacks on the World Trade Center.
Title II : September 11th Victim Compensation Fund of 2001 – (Sec. 201) Amends the Air Transportation Safety and System Stabilization Act to: (1) make individuals eligible for compensation under the September 11 Victim Compensation Fund of 2001 for harm as a result of debris removal; (2) extend the deadline for making a claim for compensation for physical harm not discovered before the deadline; (3) cap liability for claims related to debris removal based on the level of insurance available; (4) limit the total payment for compensation for claims filed on or after the regulations are updated pursuant to this Act; and (5) cap the amount that an individual may charge in connection with a claim under such Act, with exceptions.
||Introduced in House
||Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-560, Part I.
||Reported (Amended) by the Committee on Judiciary. H. Rept. 111-560, Part II.
||Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 255 – 159 (Roll no. 491).
||Passed/agreed to in House: On passage Passed by recorded vote: 268 – 160 (Roll no. 550).
||Senate floor actions: Cloture motion on the motion to proceed to the bill presented in Senate.
Sponsor introductory remarks on measure. (CR E201)
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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 House Energy and Commerce
Referred to the Subcommittee on Health.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 25 – 8 .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 33 – 12.
Referred to House Judiciary
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
Subcommittee Hearings Held.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
Subcommittee Hearings Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 22 – 9.
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Discharged.
Subcommittee on Crime, Terrorism, and Homeland Security Discharged.
Subcommittee on the Constitution, Civil Rights, and Civil Liberties Discharged.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-560, Part I.
Reported (Amended) by the Committee on Judiciary. H. Rept. 111-560, Part II.
Placed on the Union Calendar, Calendar No. 321.
Mr. Pallone moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H6382-6400)
DEBATE – The House proceeded with forty minutes of debate on H.R. 847.
On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 255 – 159 (Roll no. 491). (text: CR H6382-6394)
Rules Committee Resolution H. Res. 1674 Reported to House. Rule provides for consideration of H.R. 847 and H.R. 2378. With respect to H.R. 847, the rule grants a closed rule providing one hour of debate in the House, with 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce, 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary, and 10 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means.
Considered under the provisions of rule H. Res. 1674. (consideration: CR H7230-7257)
Rule provides for consideration of H.R. 847 and H.R. 2378. With respect to H.R. 847, the rule grants a closed rule providing one hour of debate in the House, with 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce, 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary, and 10 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means.
DEBATE – Pursuant to the provisions of H.Res. 1674, the House proceeded with one hour of debate on H.R. 847, as amended.
The previous question was ordered pursuant to the rule. (consideration: CR H7252)
Mr. Lee (NY) moved to recommit with instructions to Energy and Commerce. (consideration: CR H7252-7256; text: CR H7252-7255)
DEBATE – Mr. Waxman reserved a point of order against the Lee (NY) motion to recommit with instructions. Subsequently, the reservation was withdrawn. The House proceeded with 10 minutes of debate on the Lee (NY) motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to repeal specified spending provisions in patient protection and affordable care.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7256)
On motion to recommit with instructions Failed by the Yeas and Nays: 185 – 244 (Roll no. 549).
On passage Passed by recorded vote: 268 – 160 (Roll no. 550). (text: CR H7230-7242)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 641.
Motion to proceed to consideration of measure made in Senate. (consideration: CR S8552)
Cloture motion on the motion to proceed to the bill presented in Senate. (consideration: CR S8552; text: CR S8552)
TITLE(S): (italics indicate a title for a portion of a bill)
- SHORT TITLE(S) AS INTRODUCED:
James Zadroga 9/11 Health and Compensation Act of 2009
- SHORT TITLE(S) AS REPORTED TO HOUSE:
James Zadroga 9/11 Health and Compensation Act of 2010
- SHORT TITLE(S) AS PASSED HOUSE:
James Zadroga 9/11 Health and Compensation Act of 2010
- OFFICIAL TITLE AS INTRODUCED:
To amend the Public Health Service Act to extend and improve protections and services to individuals directly impacted by the terrorist attack in New York City on September 11, 2001, and for other purposes.
COSPONSORS(115), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date)
Rep Ackerman, Gary L. [NY-5] – 2/4/2009
Rep Andrews, Robert E. [NJ-1] – 5/4/2009
Rep Arcuri, Michael A. [NY-24] – 2/4/2009
Rep Baca, Joe [CA-43] – 4/22/2010
Rep Baldwin, Tammy [WI-2] – 10/20/2009
Rep Berkley, Shelley [NV-1] – 2/10/2009
Rep Bishop, Sanford D., Jr. [GA-2] – 3/5/2009
Rep Bishop, Timothy H. [NY-1] – 2/4/2009
Rep Brady, Robert A. [PA-1] – 5/7/2009
Rep Braley, Bruce L. [IA-1] – 12/15/2009
Rep Burgess, Michael C. [TX-26] – 2/4/2009
Rep Butterfield, G. K. [NC-1] – 4/15/2010
Rep Cao, Anh “Joseph” [LA-2] – 12/1/2009
Rep Capps, Lois [CA-23] – 9/15/2009
Rep Carney, Christopher P. [PA-10] – 10/22/2009
Rep Castor, Kathy [FL-11] – 9/16/2009
Rep Christensen, Donna M. [VI] – 4/22/2009
Rep Clarke, Yvette D. [NY-11] – 2/4/2009
Rep Cohen, Steve [TN-9] – 4/29/2009
Rep Connolly, Gerald E. “Gerry” [VA-11] – 2/13/2009
Rep Conyers, John, Jr. [MI-14] – 3/31/2009
Rep Courtney, Joe [CT-2] – 7/31/2009
Rep Crowley, Joseph [NY-7] – 2/4/2009
Rep Cummings, Elijah E. [MD-7] – 12/1/2009
Rep Dahlkemper, Kathleen A. [PA-3] – 3/26/2009
Rep Davis, Danny K. [IL-7] – 1/21/2010
Rep DeLauro, Rosa L. [CT-3] – 3/4/2009
Rep Dent, Charles W. [PA-15] – 3/5/2009
Rep Doyle, Michael F. [PA-14] – 3/5/2009
Rep Ellsworth, Brad [IN-8] – 10/20/2009
Rep Engel, Eliot L. [NY-17] – 2/4/2009
Rep Eshoo, Anna G. [CA-14] – 3/16/2010
Rep Etheridge, Bob [NC-2] – 3/26/2009
Rep Fattah, Chaka [PA-2] – 7/28/2009
Rep Filner, Bob [CA-51] – 11/19/2009
Rep Garamendi, John [CA-10] – 4/22/2010
Rep Garrett, Scott [NJ-5] – 5/20/2009
Rep Gonzalez, Charles A. [TX-20] – 7/28/2009
Rep Green, Gene [TX-29] – 2/10/2009
Rep Grijalva, Raul M. [AZ-7] – 3/4/2009
Rep Hall, John J. [NY-19] – 2/4/2009
Rep Harman, Jane [CA-36] – 11/19/2009
Rep Higgins, Brian [NY-27] – 2/4/2009
Rep Himes, James A. [CT-4] – 2/4/2009
Rep Hinchey, Maurice D. [NY-22] – 2/4/2009
Rep Hodes, Paul W. [NH-2] – 7/9/2009
Rep Holden, Tim [PA-17] – 12/1/2009
Rep Holt, Rush D. [NJ-12] – 3/10/2009
Rep Israel, Steve [NY-2] – 2/4/2009
Rep Jackson-Lee, Sheila [TX-18] – 11/16/2009
Rep Johnson, Eddie Bernice [TX-30] – 7/20/2010
Rep Jones, Walter B., Jr. [NC-3] – 9/10/2009
Rep King, Peter T. [NY-3] – 2/4/2009
Rep Klein, Ron [FL-22] – 3/4/2009
Rep Kucinich, Dennis J. [OH-10] – 3/4/2009
Rep Lance, Leonard [NJ-7] – 2/25/2009
Rep Larson, John B. [CT-1] – 3/10/2009
Rep Lee, Barbara [CA-9] – 3/4/2009
Rep Lee, Christopher J. [NY-26] – 2/4/2009
Rep Lewis, John [GA-5] – 3/4/2009
Rep Lipinski, Daniel [IL-3] – 9/22/2009
Rep LoBiondo, Frank A. [NJ-2] – 6/9/2010
Rep Lowey, Nita M. [NY-18] – 2/4/2009
Rep Lynch, Stephen F. [MA-9] – 12/1/2009
Rep Maffei, Daniel B. [NY-25] – 2/4/2009
Rep Markey, Edward J. [MA-7] – 12/2/2009
Rep Massa, Eric J. J. [NY-29] – 2/4/2009
Rep McCarthy, Carolyn [NY-4] – 2/4/2009
Rep McCaul, Michael T. [TX-10] – 6/4/2009
Rep McCollum, Betty [MN-4] – 12/15/2009
Rep McGovern, James P. [MA-3] – 2/4/2009
Rep McHugh, John M. [NY-23] – 2/4/2009
Rep McMahon, Michael E. [NY-13] – 2/4/2009
Rep Meeks, Gregory W. [NY-6] – 2/4/2009
Rep Miller, Brad [NC-13] – 4/26/2010
Rep Murphy, Christopher S. [CT-5] – 3/10/2009
Rep Murphy, Patrick J. [PA-8] – 11/19/2009
Rep Murphy, Scott [NY-20] – 7/15/2009
Rep Murphy, Tim [PA-18] – 9/16/2009
Rep Nadler, Jerrold [NY-8] – 2/4/2009
Rep Napolitano, Grace F. [CA-38] – 12/1/2009
Rep Neal, Richard E. [MA-2] – 11/19/2009
Rep Norton, Eleanor Holmes [DC] – 12/1/2009
Rep Nye, Glenn C. [VA-2] – 12/8/2009
Rep Oberstar, James L. [MN-8] – 5/12/2010
Rep Owens, William L. [NY-23] – 1/12/2010
Rep Pascrell, Bill, Jr. [NJ-8] – 2/4/2009
Rep Payne, Donald M. [NJ-10] – 7/22/2010
Rep Pierluisi, Pedro R. [PR] – 3/16/2009
Rep Rangel, Charles B. [NY-15] – 2/4/2009
Rep Reichert, David G. [WA-8] – 12/16/2009
Rep Rothman, Steven R. [NJ-9] – 12/1/2009
Rep Rush, Bobby L. [IL-1] – 10/13/2009
Rep Sarbanes, John P. [MD-3] – 9/16/2009
Rep Schakowsky, Janice D. [IL-9] – 2/10/2009
Rep Schauer, Mark H. [MI-7] – 5/7/2009
Rep Schwartz, Allyson Y. [PA-13] – 7/9/2009
Rep Serrano, Jose E. [NY-16] – 2/4/2009
Rep Sestak, Joe [PA-7] – 3/12/2009
Rep Shea-Porter, Carol [NH-1] – 12/1/2009
Rep Sires, Albio [NJ-13] – 9/22/2009
Rep Slaughter, Louise McIntosh [NY-28] – 3/16/2009
Rep Smith, Christopher H. [NJ-4] – 2/10/2009
Rep Stupak, Bart [MI-1] – 9/10/2009
Rep Sutton, Betty [OH-13] – 2/4/2009
Rep Thompson, Bennie G. [MS-2] – 10/13/2009
Rep Tonko, Paul D. [NY-21] – 2/4/2009
Rep Towns, Edolphus [NY-10] – 2/4/2009
Rep Upton, Fred [MI-6] – 11/19/2009
Rep Velazquez, Nydia M. [NY-12] – 3/24/2009
Rep Walz, Timothy J. [MN-1] – 12/9/2009
Rep Weiner, Anthony D. [NY-9] – 2/4/2009
Rep Welch, Peter [VT] – 1/20/2010
Rep Wexler, Robert [FL-19] – 4/22/2009
Rep Woolsey, Lynn C. [CA-6] – 2/4/2009
|House Energy and Commerce
||Referral, Markup, Reporting
||Subcommittee on Health
||Referral, Hearings, Markup, Reporting
||Referral, Markup, Reporting
||Subcommittee on Crime, Terrorism, and Homeland Security
||Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
||Referral, Hearings, Discharged
||Subcommittee on Constitution, Civil Rights, and Civil Liberties
||Referral, Hearings, Discharged
RELATED BILL DETAILS: (additional related bills may be indentified in Status)
||Related bill as identified by the House Clerk’s office
||Rule related to H.R.847 in House
||Related bill identified by CRS
1. H.AMDT.780 to H.R.847 Pursuant to H. Res. 1674, in lieu of the amendments recommended by the Committee on Energy and Commerce and the Committee on the Judiciary currently printed in the bill, the amendment in the nature of a substitute printed in House Report 111-648 is considered adopted.
Sponsor: House Rules (introduced 9/29/2010) Cosponsors (None)
Committees: House Rules
Latest Major Action: 9/29/2010 House amendment offered