Title 38Veterans' BenefitsRelease 119-73not60

§324 Cost of War Toxic Exposures Fund

Title 38 › Part I— GENERAL PROVISIONS › Chapter 3— DEPARTMENT OF VETERANS AFFAIRS › § 324

Last updated Apr 5, 2026|Official source

Summary

Creates a new Treasury account called the Cost of War Toxic Exposures Fund. The Secretary will run the Fund. Money will come from amounts Congress appropriates. For fiscal year 2023 and each year after, Congress may appropriate whatever sums are needed, above the fiscal year 2021 level, to pay for three things: delivery of veterans’ health care for harm from environmental exposures in active military, naval, air, or space service (in programs run by the Under Secretary for Health); costs to deliver that care, including administrative items like information technology and claims processing and appeals (but not certain leases); and medical and other research about those exposures. Right after the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 is enacted, those authorized amounts for 2023 and later must be estimated and treated as budget authority considered direct spending for baseline, budget committee enforcement, Congressional Budget Act reports, and PAYGO. At the same time, amounts actually appropriated to the Fund for 2023 or later must not be counted as discretionary budget authority and outlays or as direct spending for estimates of appropriation bills. The Fund is to be treated like the “Appropriated Entitlements and Mandatories for Fiscal Year 1997” account for certain budget rules. The Secretary must include detailed yearly estimates of these sums in the President’s budget documents and may set procedures for making those estimates after consulting the House and Senate Appropriations Committees.

Full Legal Text

Title 38, §324

Veterans' Benefits — Source: USLM XML via OLRC

(a)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)There shall be deposited in the Fund such amounts as may be appropriated to the Fund pursuant to subsection (c).
(c)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)(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); 11 So in original. Probably should be “639(b));”. 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)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)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).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (d)(1), is Pub. L. 117–168, Aug. 10, 2022, 136 Stat. 1759, 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 section 101 of this title and Tables. The Congressional Budget Act of 1974, referred to in subsec. (d)(1)(C), (3), is titles I through IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 298. For complete classification of this Act to the Code, see

Short Title

note set out under section 621 of Title 2, The Congress, and Tables. The Statutory Pay-As-You-Go Act of 2010, referred to in subsec. (d)(1)(D), is title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, 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 section 931 of Title 2 and Tables. The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (d)(2), is Pub. L. 93–344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see

Short Title

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

Short Title

note set out under section 900 of Title 2 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, 2022, 136 Stat. 1794, provided that: “The Secretary of Veterans Affairs may use, from amounts appropriated to the Cost of War Toxic Exposures Fund established by section 324 of title 38, 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 section 101 of this title].”

Reference

Citations & Metadata

Citation

38 U.S.C. § 324

Title 38Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60