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42 U.S.C. § 300mm–61World Trade Center Health Program Fund

submitted 82 years ago by Pub. L. 111-347 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,367 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the World Trade Center Health Program Fund. It pays to monitor and treat 9/11 responders and survivors. Congress sets a federal payment for each fiscal year through 2025, then a formula grows that amount through 2090, and New York City must contribute its own share under a separate contract. The law also limits how much of that money can go toward specific activities, like research, outreach, and the WTC Health Registry, and says the government owes no more than what's actually in the Fund.

(a) Establishment of Fund (1) In general: This section sets up the World Trade Center Health Program Fund, called "the Fund" in this section. (2) Funding: Congress must put money into the Fund every year from 2016 through 2090, out of general Treasury money. Two parts make up this money: (A) The federal share. For fiscal years 2016 through 2025, the law lists exact dollar amounts, starting at $330,000,000 in 2016 and rising each year to $570,000,000 in 2025. For fiscal years 2026 through 2040, follow these steps: take last year's federal share amount and multiply it by 1.07. Then multiply that result by a ratio: the number of people enrolled in the WTC Program on July 1 of last year, divided by the number enrolled on July 1 of the year before that. For fiscal years 2041 through 2090, take last year's amount and increase it by the percentage that consumer prices (CPI-U) rose over the 12 months ending in March of the prior year. (B) The New York City share. This equals whatever amount New York City contributes under its contract described in section 300mm–41(d). (3) Contract requirement. (A) No money can leave the Fund unless New York City has signed the required contract. (B) If New York City fails to pay what the contract requires: the government can still recover that unpaid amount through the other section's remedy; the Fund still pays out despite the missed payment; and the federal share does not increase to cover the gap. (4) Amounts from prior fiscal years. Any money that was deposited or set aside for the Fund in earlier years, under the rules as they existed before December 18, 2015, but was never spent, stays in or goes into the Fund. (5) Amounts to remain available until expended. Money placed in the Fund for a given fiscal year stays available to spend for that year and every year after it, through 2090. (b) Mandatory funds for monitoring, initial health evaluations, treatment, and claims processing (1) In general. The money deposited under subsection (a)(2) is automatically available — Congress does not need to appropriate it again — to pay for the WTC Program's monitoring, health evaluations, treatment, and the other related activities listed in the section. (2) Limitation on mandatory funding. The government does not owe more money than what is actually available from this Fund, or from three other related funds (the Supplemental Fund, the Special Fund, and the Pentagon/Shanksville Fund). (3) Limitation on authorization for further appropriations. Congress has not authorized spending beyond what's available from this Fund or those same three related funds. (4) Limitation for research cohort for emerging health impacts on youth. Even though paragraph (1) makes Fund money automatically available, none of it may be used for fiscal years 2023 through 2032 to pay for the youth research described in section 300mm–51(c). (c) Limits on spending for certain purposes Of the money made available under subsection (b)(1), no more than the following amounts may go to each of these purposes: (1) Surviving immediate family members of firefighters. For the specific WTC responders described in section 300mm–21(a)(2)(A)(ii): the fiscal year 2016 amount was whatever it was under the old rule before December 18, 2015; each later year's amount equals the prior year's amount, increased by that year's CPI increase. (2) The WTC Health Program Scientific/Technical Advisory Committee. $200,000 for fiscal year 2016, then increased each later year by that year's CPI increase. (3) Education and outreach. $750,000 every year starting in fiscal year 2016 — this amount does not increase with CPI. (4) Uniform data collection, plus reimbursing Data Centers for costs under their contracts: the fiscal year 2016 amount followed the old rule; fiscal year 2017 was $15,000,000; each later year's amount equals the prior year's amount, increased by that year's CPI increase. (5) Research regarding certain health conditions. Same pattern as family members of firefighters above: the 2016 amount followed the old rule, and later years grow by CPI. (6) The World Trade Center Health Registry. Same pattern again: the 2016 amount followed the old rule, and later years grow by CPI.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment of Fund
(1) In general

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) Funding

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) Contract requirement
(A) In general

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) Breach of contract

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 from prior fiscal years

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 to remain available until expended

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) Mandatory funds for monitoring, initial health evaluations, treatment, and claims processing
(1) In general

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 sections 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) Limitation on mandatory funding

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) Limitation on authorization for further appropriations

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) Limitation for research cohort for emerging health impacts on youth

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) Limits on spending for certain purposes

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) Surviving immediate family members of firefighters

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) 1 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) WTC Health Program Scientific/Technical Advisory Committee

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

(A)

for fiscal year 2016, $200,000; 2

(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.

(3) Education and outreach

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

(4) Uniform data collection

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) Research regarding certain health conditions

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

(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.

(6) World Trade Center Health Registry

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

(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.

Source credit: (July 1, 1944, ch. 373, title XXXIII, § 3351, as added Pub. L. 111–347, title I, § 101, Jan. 2, 2011, 124 Stat. 3657; amended Pub. L. 114–113, div. O, title III, § 302(a), Dec. 18, 2015, 129 Stat. 2996; Pub. L. 117–328, div. FF, title VII, §§ 7701(b)(4), 7702(b), Dec. 29, 2022, 136 Stat. 5966, 5967; Pub. L. 118–31, div. A, title XVIII, § 1851(c)(4), Dec. 22, 2023, 137 Stat. 708; Pub. L. 119–75, div. J, title IV, § 6411(a), Feb. 3, 2026, 140 Stat. 688.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 111-347 · 124 Stat. 3657
  • 2015Amended · Pub. L. 114-113 · 129 Stat. 2996
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5966, 5967
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 708
  • 2026Amended · Pub. L. 119-75 · 140 Stat. 688

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-347 on 1944-07-01.

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