§300mm–61 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Creates a World Trade Center Health Program Fund and requires the Treasury to put money into it from funds not already set aside for other uses for each fiscal year 2016 through 2090. The federal deposits are: 2016 — $330,000,000; 2017 — $345,610,000; 2018 — $380,000,000; 2019 — $440,000,000; 2020 — $485,000,000; 2021 — $501,000,000; 2022 — $518,000,000; 2023 — $535,000,000; 2024 — $552,000,000; 2025 — $570,000,000. For fiscal years 2026–2040 each year’s amount is the previous year’s amount times 1.07 and then adjusted by a ratio that reflects changes in program enrollment on July 1. For fiscal years after 2040 through 2090 each year’s amount is the prior year’s amount increased by the percent change in the Consumer Price Index for the 12 months ending in March of the previous year. The Fund also includes the amount New York City must contribute under the program contract. Money in the Fund may be used, without any extra appropriation, to run the World Trade Center Health Program and the specific program activities listed in the law, including care, monitoring, data work, enrollment, and related administration. No money may be paid out unless New York City has signed the required contract, but if the city fails to pay the agreed amount the Fund can still pay program costs and the federal share will not be increased to cover the unpaid city amount; the unpaid city amount is recoverable under the contract. Funds left over for any fiscal year stay in the Fund and are available until spent through fiscal year 2090. The law also sets yearly spending caps for certain program parts (including specific fixed amounts: $200,000 for one activity in 2016; $750,000 each year for another; $15,000,000 for data-center work in 2017) and says amounts for several activities increase each year by the CPI. It also bars the use of these funds for one listed program subsection during fiscal years 2023–2032.

Title 42, §300mm–61

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)There is established a fund to be known as the World Trade Center Health Program Fund (referred to in this section as the “Fund”).

(2)Out of any money in the Treasury not otherwise appropriated, there shall be deposited into the Fund for fiscal year 2016 and each subsequent fiscal year through fiscal year 2090—

(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;

(xi)for each of fiscal years 2026 through 2040—

(I)the amount determined under this subparagraph for the previous fiscal year multiplied by 1.07; multiplied by

(II)the ratio of—

(aa)the total number of individuals enrolled in the WTC Program on July 1 of such previous fiscal year; to

(bb)the total number of individuals so enrolled on July 1 of the fiscal year prior to such previous fiscal year; and

(xii)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

(B)the New York City share, consisting of the amount contributed under the contract under section 300mm–41(d) of this title.

(3)(A)No funds may be disbursed from the Fund unless New York City has entered into a contract with the WTC Program Administrator under section 300mm–41(d)(1) of this title.

(B)In the case of a failure to pay the amount so required under the contract—

(i)the amount is recoverable under subparagraph (E)(ii) of such section;

(ii)such failure shall not affect the disbursement of amounts from the Fund; and

(iii)the Federal share described in paragraph (2)(A) shall not be increased by the amount so unpaid.

(4)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 December 18, 2015, that were not expended in carrying out this subchapter for any such fiscal year, shall remain deposited, or be deposited, as the case may be, into the Fund.

(5)Amounts deposited into the Fund under this subsection, including amounts deposited under paragraph (2) as in effect on the day before December 18, 2015, for a fiscal year shall remain available, for the purposes described in this subchapter, until expended for such fiscal year and any subsequent fiscal year through fiscal year 2090.

(b)(1)The amounts deposited into the Fund under subsection (a)(2) shall be available, without further appropriation, consistent with paragraph (2) and subsection (c), to carry out part B and section 300mm(e), 300mm(f), 300mm–1(a), 300mm–1(b), 300mm–2, 300mm–3, 300mm–4(a)(1), 300mm–4(a)(2), 300mm–4(c), 300mm–51, and 300mm–52 of this title.

(2)This subchapter does not establish any Federal obligation for payment of amounts in excess of the amounts available from the Fund for such purpose or as available from the World Trade Center Health Program Supplemental Fund under section 300mm–62 of this title, the World Trade Center Health Program Special Fund under section 300mm–63 of this title, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 300mm–64 of this title.

(3)This subchapter does not establish any authorization for appropriation of amounts in excess of the amounts available from the Fund under paragraph (1) or as available from the World Trade Center Health Program Supplemental Fund under section 300mm–62 of this title, the World Trade Center Health Program Special Fund under section 300mm–63 of this title, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 300mm–64 of this title.

(4)Notwithstanding paragraph (1), the amounts made available under such paragraph may not be used for fiscal years 2023 through 2032 to carry out subsection (c) of section 300mm–51 of this title.

(c)Of the amounts made available under subsection (b)(1), not more than each of the following amounts may be available for each of the following purposes:

(1)For the purposes of carrying out part B with respect to WTC responders described in section 300mm–21(a)(2)(A)(ii) of this title—

(A)for fiscal year 2016, the amount determined for such fiscal year under subparagraph (C) 11 See References in Text note below. as in effect on the day before December 18, 2015; and

(B)for each subsequent fiscal year, the amount specified under this paragraph 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.

(2)For the purpose of carrying out section 300mm–1(a) of this title—

(A)for fiscal year 2016, $200,000; 22 So in original. Probably should be followed by “and”.

(3)For the purpose of carrying out section 300mm–2 of this title, for fiscal year 2016 and each subsequent fiscal year, $750,000.

(4)For the purpose of carrying out section 300mm–3 of this title and for reimbursing Data Centers (as defined in section 300mm–4(b)(2) of this title) for the costs incurred by such Centers in carrying out activities under contracts entered into under section 300mm–4(a)(2) of this title—

(A)for fiscal year 2016, the amount determined for such fiscal year under subparagraph (C) as in effect on the day before December 18, 2015;

(B)for fiscal year 2017, $15,000,000; and

(C)for each subsequent fiscal year, the amount specified under this paragraph 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.

(5)For the purpose of carrying out section 300mm–51 of this title—

(A)for fiscal year 2016, the amount determined for such fiscal year under subparagraph (C) 1 as in effect on the day before December 18, 2015; and

(6)For the purpose of carrying out section 300mm–52 of this title—

(A)for fiscal year 2016, the amount determined for such fiscal year under subparagraph (C) 1 as in effect on the day before December 18, 2015; and

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subparagraph (C) as in effect on the day before December 18, 2015, referred to in subsec. (c)(1)(A), (5)(A), (6)(A), refers to subpar. (C) as in effect on the day before the

Amendments

made by Pub. L. 114–113, which redesignated subpar. (C) as (B) in pars. (1), (5), and (6) of subsec. (c). See 2015 Amendment notes below.

Prior Provisions

A prior section 300aaa, act

July 1, 1944, ch. 373, title XXVII, § 2701, formerly title V, § 501, 58 Stat. 709, as amended, which related to gifts for benefit of Service, was renumbered section 231 of title II of act