§ 113. Treatment of certain programs under sequestration procedures

1,887 words·~9 min read·/usc/title-38/section-113

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(a)The following programs shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending:

(1)Benefits under chapter 21 of this title, relating to specially adapted housing and mortgage-protection life insurance for certain veterans with service-connected disabilities.

(2)Benefits under section 2307 of this title, relating to burial benefits for veterans who die as the result of a service-connected disability.

(3)Benefits under chapter 39 of this title, relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces.

(4)Assistance and services under chapter 31 of this title, relating to training and rehabilitation for certain veterans with service-connected disabilities.

(5)Benefits under chapter 35 of this title, relating to educational assistance for survivors and dependents of certain veterans with service-connected disabilities.

(6)Benefits under subchapters I, II, and III of chapter 37 of this title, relating to housing loans for certain veterans and for the spouses and surviving spouses of certain veterans.

(b)The following accounts of the Department shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending:

(1)The following life insurance accounts:

(A)The National Service Life Insurance Fund authorized by section 1920 of this title.

(B)The Service-Disabled Veterans Insurance Fund authorized by section 1922 of this title.

(C)The Veterans Special Life Insurance Fund authorized by section 1923 of this title.

(D)The Veterans Reopened Insurance Fund authorized by section 1925 of this title.

(E)The United States Government Life Insurance Fund authorized by section 1955 of this title.

(F)The Veterans Insurance and Indemnity appropriation authorized by section 1919 of this title.

(2)The following revolving fund accounts:

(A)The Department of Veterans Affairs Special Therapeutic and Rehabilitation Activities Fund established by section 1718(c) of this title.

(B)The Veterans’ Canteen Service revolving fund authorized by section 7804 of this title.

(1)A benefit under section 2301, 2303, 2306, or 2308 of this title that is subject to reduction under a sequestration order or sequestration law shall be paid in accordance with the rates determined under the sequestration order or law (if any) in effect on the date of the death of the veteran concerned.

(2)A benefit paid to, or on behalf of, an eligible veteran for pursuit of a program of education or training under chapter 30, 31, 34, 35, or 36 of this title that is subject to a sequestration order or a sequestration law shall be paid in accordance with the rates determined under the sequestration order or law (if any) in effect during the period of education or training for which the benefit is paid.

(3)In implementation of a sequestration order or law with respect to each account from which a benefit described in paragraph

(1)or

(2)of this subsection is paid (including the making of determinations of the amounts by which such benefits are to be reduced), the total of the amounts (as estimated by the Secretary after consultation with the Director of the Congressional Budget Office) by which payments of such benefit will be reduced by reason of such paragraph after the last day of the period during which such order or law is in effect shall be deemed to be additional reductions in the payments of such benefit made, and in new budget authority for such payments, during such period.

(d)In computing the amount of new budget authority by which a budget account of the Department is to be reduced for a fiscal year under a report of the Director of the Office of Management and Budget, or under an order of the President under part C of the Balanced Budget and Emergency Deficit Control Act of 1985, the base from which the amount of the reduction for such account is determined shall be established without regard to any amount of new budget authority in such account (determined under section 251(a)(6) 1 of such Act) for any of the programs listed in subsection

(a)of this section.

(e)This section applies without regard to any other provision of law (whether enacted before, on, or after the date of the enactment of this section) unless such Act expressly provides that it is enacted as a limitation to this section.

(f)For the purposes of this section:

(1)The term “sequestration” means a reduction in spending authority and loan guarantee commitments generally throughout the Government under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law.

(2)The term “sequestration law” means a law enacted with respect to a sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law (under the procedures specified in that Act or otherwise).

(3)The term “sequestration order” means an order of the President issued under part C of such Act.

(Added Pub. L. 99–576, title VI, § 601(a)(1), Oct. 28, 1986, 100 Stat. 3287; amended Pub. L. 100–198, § 12(a), Dec. 21, 1987, 101 Stat. 1325; Pub. L. 100–322, title IV, § 411(b), (c), May 20, 1988, 102 Stat. 547; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; Pub. L. 102–83, §§ 4(a)(2)(B)(i), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 116–315, title II, § 2202(b)(1)(D), Jan. 5, 2021, 134 Stat. 4985.)

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