There is established a fund to be known as the World Trade Center Health Program Fund (referred to in this section as the "Fund").
Out of any money in the Treasury not otherwise appropriated, there shall be deposited into the Fund for each of fiscal years 2012 through 2016 (and the last calendar quarter of fiscal year 2011)—
(A) the Federal share, consisting of an amount equal to the lesser of—
(i) 90 percent of the expenditures in carrying out this subchapter for the respective fiscal year (initially based on estimates, subject to subsequent reconciliation based on actual expenditures); or
(ii)(I) $71,000,000 for the last calendar quarter of fiscal year 2011, $318,000,000 for fiscal year 2012, $354,000,000 for fiscal year 2013, $382,000,000 for fiscal year 2014, and $431,000,000 for fiscal year 2015; and
(II) subject to paragraph (4), an additional amount for fiscal year 2016 from unexpended amounts for previous fiscal years; plus
(B) the New York City share, consisting of the amount contributed under the contract under section 300mm–41(d) of this title.
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.
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.
Beginning with fiscal year 2016, in no case shall the share of Federal funds deposited into the Fund under paragraph (2) for such fiscal year and previous fiscal years and quarters exceed the sum of the amounts specified in paragraph (2)(A)(ii)(I).
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–1(a), 300mm–2, 300mm–3, 300mm–4(a)(2), 300mm–4(c), 300mm–51, and 300mm–52 of this title.
This subchapter does not establish any Federal obligation for payment of amounts in excess of the amounts available from the Fund for such purpose.
This subchapter does not establish any authorization for appropriation of amounts in excess of the amounts available from the Fund under paragraph (1).
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:
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 the last calendar quarter of fiscal year 2011, $100,000;
(B) for fiscal year 2012, $400,000; 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.
For the purpose of carrying out section 300mm–1(a) of this title—
(A) for the last calendar quarter of fiscal year 2011, $25,000;
(B) for fiscal year 2012, $100,000; 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.
For the purpose of carrying out section 300mm–2 of this title—
(A) for the last calendar quarter of fiscal year 2011, $500,000;
(B) for fiscal year 2012, $2,000,000; 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.
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 the last calendar quarter of fiscal year 2011, $2,500,000;
(B) for fiscal year 2012, $10,000,000; 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.
For the purpose of carrying out section 300mm–51 of this title—
(A) for the last calendar quarter of fiscal year 2011, $3,750,000;
(B) for fiscal year 2012, $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.
For the purpose of carrying out section 300mm–52 of this title—
(A) for the last calendar quarter of fiscal year 2011, $1,750,000;
(B) for fiscal year 2012, $7,000,000; 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.
(July 1, 1944, ch. 373, title XXXIII, §3351, as added Pub. L. 111–347, title I, §101, Jan. 2, 2011, 124 Stat. 3657.)
Pub. L. 92–603, title III, §303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this subchapter is repealed effective January 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands.
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Last modified: October 26, 2015