H.R. 1410 — 9/11 Responder and Survivor Health Funding Correction Act of 2025

This section establishes the short title of the Act as the “9/11 Responder and Survivor Health Funding Correction Act of 2025.”

This section expands the World Trade Center Health Program’s mental health certification process by allowing, for initial health evaluations and related determinations for mental health conditions, licensed mental health providers in categories established by the WTC Program Administrator to act in addition to physicians. It directs the Administrator to issue regulations within 180 days after enactment of the 9/11 Responder and Survivor Health Funding Correction Act of 2025 identifying the categories of licensed mental health providers who may conduct these evaluations and make determinations under 42 U.S.C. 300mm–22(b). It also revises the responder eligibility and review provisions to replace references to a physician with references to a physician or other qualified mental health provider for mental health conditions, and defines “qualified mental health provider” as a licensed mental health provider in a category determined by the Administrator.

This section revises the criteria for credentialing health care providers participating in the nationwide network under Title XXXIII of the Public Health Service Act by (1) striking clause (iv) of section 3305(a)(2)(A), redesignating former clauses (v) and (vi) as clauses (iv) and (v), striking section 3305(a)(2)(B), and redesignating former subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively, and (2) replacing “Data Centers” with “WTC Program Administrator” in section 3313(b)(1). (Thus, the provision updates the statutory structure governing provider credentialing and clarifies that the World Trade Center Program Administrator, rather than the Data Centers, is the referenced entity.)

This section clarifies enrollment calculations under the World Trade Center Health Program by excluding individuals known to the WTC Program Administrator to be deceased from counts of enrolled World Trade Center responders under 42 U.S.C. 300mm–21(a) and certified-eligible survivors under 42 U.S.C. 300mm–31(a), as well as from counts of enrollees under section 3351. (Thus, program enrollment totals would reflect only living participants for purposes of administering the program and any provisions that rely on those enrollment counts.)

This section extends from 90 days to 180 days the period for the World Trade Center Health Program Administrator to add a health condition to the list of WTC-related health conditions for responders after receiving a recommendation from the Scientific/Technical Advisory Committee. (Thus, the Administrator would have 180 days, rather than 90 days, to determine whether to add a condition to the list.)

This section revises funding formulas for the World Trade Center Health Program, a federal program that provides medical monitoring and treatment for responders and survivors of the September 11, 2001, terrorist attacks. It (1) extends the annual enrollment-based growth factor in the program’s base funding formula from fiscal year (FY) 2025 to FY2090, by requiring the prior year’s amount to be multiplied by 1.07 and then adjusted by the ratio of enrolled individuals on July 1 of the prior fiscal year to enrolled individuals on July 1 of the fiscal year before that; (2) sets FY2025 funding for the program’s two specified spending categories at the amount determined under current law as of the day before enactment; and (3) for FY2026, requires funding for each category to be the greater of the amount determined under current law as of the day before enactment or the previous fiscal year’s amount increased by 25 percent. Thus, the section establishes a 25 percent floor for FY2026 spending in those categories and ties future amounts to prior-year expenditures rather than the amount specified under current law. This section also makes technical amendments to require that any amounts remaining in the Supplemental Fund, Special Fund, and Pentagon/Shanksville Fund revert to the Treasury in accordance with 31 U.S.C. § 1552.

This section directs the Secretary of Health and Human Services to, not later than 3 years after enactment, assess the World Trade Center Health Program’s anticipated budget authority and outlays through the program’s duration and submit a report to the House and Senate leadership and the relevant committees. It requires the report to include: (1) projected program budget needs on a per-fiscal-year basis through FY2090; (2) a review of program modeling for each fiscal year from FY2017 through the fiscal year before the report is issued, comparing anticipated budgetary needs with actual expenditures; (3) an assessment of projected budget authority and expenditures through FY2090; and (4) any recommendations to change the funding formula under 42 U.S.C. 300mm–61(a)(2)(A), as amended by section 6(a)(1), to fully offset anticipated program expenditures through FY2090.