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

submitted 4 years ago by Pub. L. 117-168 to r/title-38-VETERANS-BENEFITS · 613 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Cost of War Toxic Exposures Fund to pay for veterans' health care tied to toxic exposure. Congress must budget for it every year without it counting as regular discretionary spending.

(a) Establishment. The law creates an account in the U.S. Treasury called the "Cost of War Toxic Exposures Fund" (the "Fund"), run by the Secretary.
(b) Deposits. Money appropriated to the Fund under (c) is deposited into it.
(c) Authorization of Appropriations. Starting in fiscal year 2023, Congress can appropriate whatever amount is needed, beyond the fiscal year 2021 level, to pay for: (1) health care for veterans exposed to environmental hazards during military, naval, air, or space service, run by the Under Secretary for Health; (2) other costs of delivering that health care and related benefits, including administrative costs like information technology and claims processing, but not leases under section 8104; and (3) medical and other research on exposure to environmental hazards.
(d) Budget Scorekeeping. This subsection controls how Congress's budget rules treat the Fund.
(1) As soon as the 2022 law creating this Fund was enacted, its future costs for fiscal year 2023 onward had to be estimated and counted as "direct spending," a category of mandatory, not year-by-year discretionary, spending. This applies: (A) in the baseline used under the Balanced Budget and Emergency Deficit Control Act of 1985; (B) for budget enforcement by the Senate and House Budget Committee chairs; (C) under the Congressional Budget Act of 1974, including its required reports; and (D) under the Statutory Pay-As-You-Go Act of 2010.
(2) Money appropriated to the Fund does not count as discretionary spending, and does not count as direct spending, when estimating an appropriations law under the Congressional Budget and Impoundment Control Act of 1974 or any other law.
(3) Despite older budget guidelines from a 1997 conference report, the Fund is treated, for certain budget-law purposes, as if it were an account labeled "Appropriated Entitlements and Mandatories for Fiscal Year 1997" under that same 1997 conference report.
(e) Estimates for Congressional Consideration. When the Secretary submits budget documents to Congress supporting the President's budget under 31 U.S.C. § 1105, the Secretary must include detailed estimates of the costs described in (c) for that fiscal year.
(f) Procedures for Estimates. The Secretary may, after talking with the Senate and House Appropriations Committees, set policies and procedures for making the annual detailed estimates required by (e).

the actual law source: uscode.house.gov ↗public domain
(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)

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 section 8104 of this title; 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)

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

(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)

under the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.), including in the reports required by section 308(b) of such Act (2 U.S.C. 639); 1 and

(D)

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

(2)

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 (2 U.S.C. 621 et seq.) and any other Act.

(3)

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 (2 U.S.C. 900 et seq.) and the Congressional Budget Act of 1974 (2 U.S.C. 621 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.—

The Secretary shall include in documents submitted to Congress in support of the President’s budget submitted pursuant to section 1105 of title 31 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).

Source credit: (Added Pub. L. 117–168, title VIII, § 805(a), Aug. 10, 2022, 136 Stat. 1804.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-168 · 136 Stat. 1804

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-168 on 2022-08-10.

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