38 U.S.C. § 324 | Cost of War Toxic Exposures Fund

(a)

Establishment .—

There is hereby established in the Treasury of the United States an account to be known as the “Cost of War Toxic Exposures Fund” (the “Fund”), to be administered by the Secretary.

(b)

Deposits .—

There shall be deposited in the Fund such amounts as may be appropriated to the Fund pursuant to subsection (c).

(c)

Authorization of Appropriations .—

There is authorized to be appropriated to the Fund for fiscal year 2023 and each subsequent fiscal year such sums as are necessary to increase funding, over the fiscal year 2021 level, for investment in—

(1)

the delivery of veterans’ health care associated with exposure to environmental hazards in the active military, naval, air, or space service in programs administered by the Under Secretary for Health;

(2)

section 8104 of this title any expenses incident to the delivery of veterans’ health care and benefits associated with exposure to environmental hazards in the active military, naval, air, or space service, including administrative expenses, such as information technology and claims processing and appeals, and excluding leases as authorized or approved under ; and

(3)

medical and other research relating to exposure to environmental hazards.

(d)

Budget Scorekeeping .—

(1)

Immediately upon enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, expenses authorized to be appropriated to the Fund in subsection (c) shall be estimated for fiscal year 2023 and each subsequent fiscal year and treated as budget authority that is considered to be direct spending—

(A)

2 U.S.C. 907 in the baseline for purposes of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 ();

(B)

by the Chairman of the Committee on the Budget of the Senate and the Chair of the Committee on the Budget of the House of Representatives, as appropriate, for purposes of budget enforcement in the Senate and the House of Representatives;

(C)

2 U.S.C. 621 2 U.S.C. 6391

1 So in original. Probably should be “639(b));”.

under the Congressional Budget Act of 1974 ( et seq.), including in the reports required by section 308(b) of such Act ();  and

(D)

2 U.S.C. 931 for purposes of the Statutory Pay-As-You-Go Act of 2010 ( et seq.).

(2)

2 U.S.C. 621 No amount appropriated to the Fund in fiscal year 2023 or any subsequent fiscal year pursuant to this section shall be counted as discretionary budget authority and outlays or as direct spending for any estimate of an appropriation Act under the Congressional Budget and Impoundment Control Act of 1974 ( et seq.) and any other Act.

(3)

2 U.S.C. 900 2 U.S.C. 621 Notwithstanding the Budget Scorekeeping Guidelines and the accompanying list of programs and accounts set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217, and for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 ( et seq.) and the Congressional Budget Act of 1974 ( et seq.), the Fund shall be treated as if it were an account designated as “Appropriated Entitlements and Mandatories for Fiscal Year 1997” in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217.

(e)

Estimates for Congressional Consideration .—

section 1105 of title 31The Secretary shall include in documents submitted to Congress in support of the President’s budget submitted pursuant to detailed estimates of the sums described in subsection (c) for the applicable fiscal year.

(f)

Procedures for Estimates .—

The Secretary may, after consultation with the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, establish policies and procedures for developing the annual detailed estimates required by subsection (e).

Pub. L. 117–168, title VIII, § 805(a)Aug. 10, 2022136 Stat. 1804 (Added , , .)

Editorial Notes

References in Text

Pub. L. 117–168Aug. 10, 2022136 Stat. 1759 section 101 of this titleThe Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (d)(1), is , , , also known as the Honoring our PACT Act of 2022. For complete classification of this Act to the Code, see Short Title of 2022 Amendment note set out under and Tables.

Pub. L. 93–344July 12, 197488 Stat. 298 section 621 of Title 2The Congressional Budget Act of 1974, referred to in subsec. (d)(1)(C), (3), is titles I through IX of , , . For complete classification of this Act to the Code, see Short Title note set out under , The Congress, and Tables.

Pub. L. 111–139Feb. 12, 2010124 Stat. 8 section 931 of Title 2The Statutory Pay-As-You-Go Act of 2010, referred to in subsec. (d)(1)(D), is title I of , , , which is classified principally to chapter 20A (§ 931 et seq.) of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 93–344July 12, 197488 Stat. 297 section 621 of Title 2The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (d)(2), is , , . For complete classification of this Act to the Code, see Short Title note set out under , The Congress, and Tables.

Pub. L. 99–177Dec. 12, 198599 Stat. 1038 section 911 of Title 42 section 661 of Title 2 section 900 of Title 2 section 911 of Title 42 section 621 of Title 2 section 900 of Title 2The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (d)(3), is title II of , , , which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and , The Public Health and Welfare, repealed , enacted provisions set out as notes under and , and amended provisions set out as a note under . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Statutory Notes and Related Subsidiaries

Authority To Use Appropriations To Enhance Claims Processing Capacity and Automation

Pub. L. 117–168, title VII, § 701(a)Aug. 10, 2022136 Stat. 1794

section 324 of title 38 section 101 of this title“The Secretary of Veterans Affairs may use, from amounts appropriated to the Cost of War Toxic Exposures Fund established by , United States Code, as added by section 805 of this Act, such amounts as may be necessary to continue the modernization, development, and expansion of capabilities and capacity of information technology systems and infrastructure of the Veterans Benefits Administration, including for claims automation, to support expected increased claims processing for newly eligible veterans pursuant to this Act [see Short Title of 2022 Amendment note set out under ].”

, , , provided that: