[Congressional Record Volume 156, Number 173 (Wednesday, December 22, 2010)]
[Senate]
[Pages S10980-S10982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JAMES ZADROGA 9/11 HEALTH AND COMPENSATION ACT OF 2010
Mr. REID. Mr. President, as in legislative session, I ask unanimous
consent that the Senate proceed to the consideration of Calendar No.
641, H.R. 847, the James Zadroga 9/11 Health and Compensation Act of
2010; further, that the Gillibrand-Schumer substitute amendment, which
is at the desk, be agreed to, the Senate proceed to a vote on the bill
immediately, as amended, with no intervening action or debate, further,
that if the bill is passed, the motions to reconsider be laid upon the
table with no intervening action or debate, and any statements relating
to this matter be printed in the Record.
The VICE PRESIDENT. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 847) 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.
There being no objection, the Senate proceeded to consider the bill.
The VICE PRESIDENT. Under the previous order, the substitute
amendment is agreed to.
The amendment (No. 4923) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mr. CONRAD. Mr. President, this is the Statement of Budgetary Effects
of PAYGO Legislation for H.R. 847, as amended.
Total Budgetary Effects of H.R. 847 for the 5-year
Statutory PAYGO Scorecard: net decrease in the deficit of
$101 million.
Total Budgetary Effects of H.R. 847 for the 10-year
Statutory PAYGO Scorecard: net decrease in the deficit of
$443 million.
Also submitted for the Record as part of this statement is a table
prepared by the Congressional Budget Office, which provides additional
information on the budgetary effects of this Act, as follows:
CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR AN AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 847, THE JAMES ZADROGA 9/11 HEALTH AND
COMPENSATION ACT OF 2010 (VERSION BAI10697), AS ADOPTED BY THE SENATE ON DECEMBER 22, 2010
[By fiscal year, in millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2011-2015 2011-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Increase or Decrease (-) in the Decifit
Statutory Pay-As-You-Go Impact.......... -242 106 170 56 -191 1,398 -346 -466 -461 -457 -101 -433
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.
The amendment would establish a program for health care benefits for eligible emergency personnel who responded to the September 11, 2001, terrorist
attacks and eligible residents and others present in the area of New York City near the World Trade Center. The legislation also would provide
compensation payments to certain individuals for death and physical injury claims resulting from the attacks. The amendment would extend for one year
certain fees on L and H-1B nonimmigrants that currently expire after fiscal year, 2014, and would impose a 2 percent excise tax on payments made to
certain foreign persons by federal agencies to obtain certain goods or services.
Source: Congressional Budget Office and the staff of the Joint Committee on Taxation.
Mr. LEAHY. Mr. President, I have heard complaints over the past few
days about why we in the Senate are still working so close to the
Christmas holiday. All of us would rather be home with our families,
but of course we were sent here to serve the American people. We were
sent here to the Senate to do the work of the American people, and we
have been trying to complete our work for the past several weeks. One
remaining issue demands our attention: taking care of the Americans who
responded to the terrorist attacks on September 11th. We cannot turn
our backs on these injured and ailing first responders. This is a
defining issue of our American values--how we serve those who have
sacrificed for our Nation.
[[Page S10981]]
Almost a decade ago, in the aftermath of attack, I visited the Fresh
Kills Landfill on Staten Island, NY. There, I witnessed detectives and
medical professionals conduct the heartbreaking work to sort debris
from the World Trade Center Towers in order to recover the remains and
personal effects of those killed in the 9/11 attacks. It is difficult
to describe how moving and powerful this was. It affirmed my faith in
the goodness of America and its citizens.
These Americans were doing everything they could to bring what little
comfort and closure they could to the survivors of those killed. They
were acting not for themselves but for their fellow citizens. These men
and women were driven by the same sense of patriotism and compassion
that drove so many brave Americans to rush from across the United
States to respond at Ground Zero. Their acts of heroism, selflessness,
and patriotism were emblematic of how Americans came together for one
another.
The legislation we consider today is the least we can do for these
men and women who answered the call of their Nation in our moment of
crisis. It is for the 30 New York City police officers who have died
since September 11, 2001, as the result of illnesses brought on by
exposure to the toxic dust and debris. It is for the 13,000 first
responders who are sick as a result of their brave actions at Ground
Zero. It is for the thousands of men and women who came from across the
United States to help the people of New York and our country. And it is
for the thousands more who will need medical care in the future. They
deserve the continuing support and assistance of their government, on
behalf of all Americans.
It is deeply disappointing that passing this legislation has been so
difficult. It should not be. If there is one thing on which we should
find unanimity, it is fulfilling our obligation to the men and women
who gave so much to help others on 9/11. These men and women asked
nothing before they acted. They did what they thought was right. It is
long past time for the Senate to do what is right by them.
I applaud the Senators from New York. They have worked tirelessly and
in the end agreed to compromise with a few of Senators on the other
side of the aisle who were blocking action on this bill to help these
first responders. The legislation we will pass today does not go as far
as many of us hoped and believe appropriate, but it will go a long way
to help the dedicated police officers, firefighters, construction
workers, and medical personnel who were injured because of their
service at a time of great national need. I cannot think of a better
measure to end our work on in this Chamber than the message that we
honor their service by taking care of the injuries they sustained while
serving.
Mr. BROWN of Massachusetts. Mr. President, I come to the floor today
to congratulate my colleagues on their leadership and their willingness
to come to the table to find a workable solution to ensure that we do
not forget those who risked their lives on September 11, 2001.
Today, the Senate reached an agreement to move forward on legislation
that would create a program dedicated exclusively to provide screening
and treatment to the first responders and other men and women who
participated in rescue efforts at the World Trade Center.
As I have said repeatedly, the work of my colleagues, Ms. Gillibrand
and Mr. Schumer, are honorable and good. As I have said in every
meeting that I have held--whether meeting with firefighters and police
officers in Massachusetts, whether it be with Mayor Bloomberg of New
York City or New York City Police Commissioner Kelly--I support their
efforts and their good work and dedication to make sure that none of
the heroes from September 11, 2001 are left behind or forgotten.
I support this agreement because it represents what the Senate should
be about: coming together, working together, and finding common ground
and workable solutions. Today, in the final hours of the 111th
Congress, we did just that by providing benefits to the first
responders in a realistic and pragmatic way.
But, M. President, I continue to have reservations regarding the
offsets that are used to provide these benefits. As I have said to my
colleagues, I am concerned because I am not 100 percent confident that
the suggested offsets will materialize because of potential legal
challenges or questionable trade implications.
We should not forget the lives that were lost on September 11, 2001.
The lives that were risked that day. And those who continue to live
with scars from that day. And I can assure you, we won't.
I am supporting this legislation because it provides access to the
health care and treatment that our heroes deserve. And I greatly
appreciate the input and patience of so many firefighters and first
responders from my own state of Massachusetts, for whom I have
tremendous respect and gratitude for all that they do.
Thank you, Mr. President. And I yield the floor.
Mr. REID. Mr. President, the horror of September 11 was
unforgettable, and so much about that day was unimaginable.
But imagine you had the courage to run into the disaster everyone
else was running away from. And because of the toxic fumes and smoke
you breathed in while you were working there, you got terribly sick.
And almost a decade later, you are still suffering. You have trouble
breathing, or maybe a tumor, or some other lung or heart disease. You
knew you would be risking your life, but you probably didn't know it
would--like this.
Now imagine the help you need--the health care and compensation you
deserve--is within reach. But your Senator is keeping it from you.
That is exactly what is happening right now. The courageous first
responders and rescue workers who were the first on the scene at Ground
Zero need our help.
It is all so hard to imagine. It is hard to imagine we would have the
courage to do what they did that day--and that is why we revere these
first responders. And it is hard to imagine their leaders would abandon
them like this.
We should all be embarrassed we are still here, at this late date,
talking about this bill. This is not controversial--it is common sense.
We should never, ever waste a minute before rushing to help the heroes
of 9/11. We should never, ever waste a minute before rushing to help
the victims of that day. These first responders are both--and this
delay is simply inexcusable.
This new program will make sure we do our jobs just as they did
theirs. It sets up a program that will monitor the health and treatment
of the thousands of rescue workers and survivors of 9/11 and makes sure
they get the care they need.
The authors of this bill have written protections into it to ensure
the quality of the medical treatment it delivers and to protect it from
fraud.
As far as legislation and leadership go, this one is a no-brainer.
But opponents have tried every excuse to stand in the way. On each
count, they're wrong.
It's not a new entitlement--in fact, it's fiscally responsible and
its funding is capped. Checks and balances are in place to make sure
all claims are legitimate. And when this program is established, it
will be used only as a last resort--only if it's needed after private
health insurance and workers' compensation aren't sufficient or fast
enough.
None of these men and women thought twice before trying to save the
lives of their fellow Americans. Neither should we.
We all know the Capitol might not be standing without the courage of
men and women who became heroes that day. How can we stand in this
building and vote against helping their fellow heroes--people who were
the first to respond when the unimaginable happened?
The VICE PRESIDENT. The question is on the engrossment of the
amendment and third reading of the bill.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill was read the third time.
The VICE PRESIDENT. The bill having been read the third time, the
question is, Shall the bill, as amended, pass?
The bill (H.R. 847), as amended, was passed.
Mr. REID. I move to reconsider the vote.
[[Page S10982]]
Mr. KERRY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
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