I 

118TH CONGRESS 

2D SESSION H. R. 7738 

To establish the Toxic Exposure Fund of the Department of Veterans Affairs, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2024 

Mr. BOST (for himself, Mrs. MILLER-MEEKS, and Mr. SCOTT FRANKLIN of 

Florida) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committees on Rules, 

and the Budget, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To establish the Toxic Exposure Fund of the Department 

of Veterans Affairs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Toxic Exposure Fund 

5 Improvement Act of 2024’’. 

6 SEC. 2. TOXIC EXPOSURE FUND. 

7 (a) IN GENERAL.—Section 324 of title 38, United 

8 States Code, is amended to read as follows: 


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1 ‘‘§ 324. Toxic Exposure Fund 

2 ‘‘(a) IN GENERAL.—The Secretary of Veterans Af3 fairs shall use any funds appropriated pursuant to the au4 thorization of appropriations in subsection (b)(3) to carry 

5 out the purposes of the Toxic Exposure Fund described 

6 in subsection (b)(4). 

7 ‘‘(b) TOXIC EXPOSURE FUND.— 

8 ‘‘(1) ESTABLISHMENT.—There is established in 

9 the Treasury an account, to be known as the ‘Toxic 

10 Exposure Fund’ (referred to in this subsection as 

11 the ‘Fund’), to carry out the purposes described in 

12 paragraph (4). 

13 ‘‘(2) TRANSFER OF DIRECT SPENDING SAV14 INGS.— 

15 ‘‘(A) IN GENERAL.—The following 

16 amounts shall be transferred, from the savings 

17 described in subsection (e)(1), to the Toxic Ex18 posure Fund: 

19 ‘‘(i) For fiscal year 2026, 

20 $26,411,000,000. 

21 ‘‘(ii) For fiscal year 2027, 

22 $28,524,000,000. 

23 ‘‘(iii) For fiscal year 2028, 

24 $30,806,000,000. 

25 ‘‘(iv) For fiscal year 2029, 

26 $33,271,000,000. 


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1 ‘‘(v) For fiscal year 2030, 

2 $35,932,000,000. 

3 ‘‘(vi) For fiscal year 2031, 

4 $38,807,000,000. 

5 ‘‘(vii) For fiscal year 2032, 

6 $41,912,000,000. 

7 ‘‘(viii) For fiscal year 2033, 

8 $45,264,000,000. 

9 ‘‘(B) AMOUNTS DEPOSITED.—Any 

10 amounts transferred under subparagraph (A) 

11 shall remain unavailable for obligation or ex12 penditure until such amounts are appropriated 

13 pursuant to paragraph (3). 

14 ‘‘(C) ADJUSTMENTS.— 

15 ‘‘(i) IN GENERAL.—Any amounts 

16 under subparagraph (A) that are not ap17 propriated for a fiscal year shall be avail18 able for appropriation, under the terms 

19 and conditions of this section, during the 

20 subsequent fiscal year. 

21 ‘‘(ii) BUDGET.—When the President 

22 submits the budget under section 1105 of 

23 title 31 for any of fiscal years 2026 

24 through 2033, the Office of Management 

25 and Budget shall calculate and the budget 


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1 shall include adjustments reflecting 

2 amounts carried over by operation of 

3 clause (i). 

4 ‘‘(3) APPROPRIATIONS.— 

5 ‘‘(A) AUTHORIZATION OF APPROPRIA6 TIONS.—For each of the fiscal years 2026 

7 through 2033, there is authorized to be appro8 priated from the Fund to the Secretary of Vet9 erans Affairs, for the purpose of carrying out 

10 the Fund, an amount not to exceed the total 

11 amount transferred to the Fund under para12 graph (2)(A), to remain available until ex13 pended. 

14 ‘‘(B) OFFSETTING FUTURE APPROPRIA15 TIONS.—For any of the fiscal years 2026 

16 through 2033 for any discretionary appropria17 tion under the heading ‘Toxic Exposure Fund’ 

18 provided to the Secretary of Veterans Affairs 

19 pursuant to the authorization of appropriations 

20 under subparagraph (A), the total amount of 

21 such appropriations for the applicable fiscal 

22 year (not to exceed the total amount remaining 

23 in the Fund) shall be subtracted from the esti24 mate of discretionary budget authority and the 

25 resulting outlays for any estimate under the 


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1 Congressional Budget and Impoundment Con2 trol Act of 1974 or the Balanced Budget and 

3 Emergency Deficit Control Act of 1985, and 

4 the amount transferred to the Fund shall be re5 duced by the same amount. 

6 ‘‘(4) PURPOSE.—Amounts appropriated from 

7 the Fund— 

8 ‘‘(A) shall be available for— 

9 ‘‘(i) the delivery of veterans’ health 

10 care under Public Law 117–168, subject to 

11 the eligibility criteria described in section 

12 1710(e) of this title as added to such sec13 tion by such Public Law; 

14 ‘‘(ii) any expenses, including adminis15 trative and information technology ex16 penses, incident to— 

17 ‘‘(I) the delivery of veterans’ 

18 health care described in clause (i); or 

19 ‘‘(II) the delivery of benefits 

20 under Public Law 117–168, including 

21 to carry out section 701 of such Pub22 lic Law; and 

23 ‘‘(iii) medical research under Public 

24 Law 117–168; and 


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1 ‘‘(B) shall not be available for leases as au2 thorized or approved under section 8104 of this 

3 title. 

4 ‘‘(c) ACCOUNTABILITY AND OVERSIGHT.— 

5 ‘‘(1) WORK PLAN.— 

6 ‘‘(A) IN GENERAL.—Not later than 180 

7 days after the date of the enactment of the 

8 Toxic Exposure Fund Improvement Act, the 

9 Secretary of Veterans Affairs shall submit, to 

10 the Committee on Veterans Affairs and Com11 mittee on Appropriations of the House of Rep12 resentatives and Committee on Veterans Affairs 

13 and Committee on Appropriations of the Sen14 ate, a work plan including the proposed alloca15 tion of funds authorized to be appropriated pur16 suant to subsection (b)(3) for each fiscal years 

17 2025 through 2033 for the Fund and the con18 tents described in subparagraph (B). 

19 ‘‘(B) CONTENTS.—The work plan sub20 mitted under subparagraph (A) shall include— 

21 ‘‘(i) the amount of money to be obli22 gated or expended in each year from the 

23 Fund; and 


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1 ‘‘(ii) a description of how each such 

2 account supports the strategic goal of serv3 ing veterans exposed to toxic materials. 

4 ‘‘(2) REPORTS.— 

5 ‘‘(A) ANNUAL REPORTS.—Not later than 

6 January 1 of each fiscal years 2027 through 

7 2033, the Secretary shall submit to the Com8 mittee on Veterans Affairs and Committee on 

9 Appropriations of the House of Representatives 

10 and Committee on Veterans Affairs and Com11 mittee on Appropriations of the Senate, a re12 port including— 

13 ‘‘(i) the amount of money obligated or 

14 expended in the prior fiscal year from the 

15 Fund; 

16 ‘‘(ii) a description of any such project 

17 using funds provided pursuant to the au18 thorization of appropriations under sub19 section (b)(3); and 

20 ‘‘(iii) whether such projects are serv21 ing veterans exposed to toxic materials. 

22 ‘‘(B) ADDITIONAL REPORTS.—Upon the 

23 request of the Committee on Veterans Affairs 

24 and Committee on Appropriations of the House 

25 of Representatives and Committee on Veterans 


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1 Affairs and Committee on Appropriations of the 

2 Senate, the Secretary shall provide an update in 

3 the form of testimony and any additional re4 ports to the respective congressional committee 

5 regarding the allocation of funding under this 

6 section or the description of the Fund. 

7 ‘‘(d) TRANSFER AND REPROGRAMMING OF FUNDS.— 

8 No amounts may be transferred into the Fund may be 

9 from amounts that were designated by Congress as an 

10 emergency requirement pursuant to a concurrent resolu11 tion on the budget or the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 

13 ‘‘(e) BUDGET SCOREKEEPING.— 

14 ‘‘(1) SAVINGS.—The amounts made available 

15 under subsection (b)(2) shall be derived from sav16 ings generated through the modification of the Fund 

17 by operation of this enactment of the Toxic Expo18 sure Fund Improvement Act to cover the cost of the 

19 Fund. Any funds in excess of the total amounts so 

20 made available shall be returned to the general fund 

21 of the Treasury. 

22 ‘‘(2) ESTIMATES FOR CONGRESSIONAL CONSID23 ERATION.—The Secretary shall include in the docu24 ments submitted to Congress in support of the 

25 President’s budget submitted pursuant to section 


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1 1105 of title 31 detailed estimates of the sums de2 scribed in subsection (b) for the applicable fiscal 

3 year. 

4 ‘‘(3) PROCEDURES FOR ESTIMATES.—After 

5 consultation with the Committees on Veterans’ Af6 fairs and Appropriations of the House of Represent7 atives and Senate, the Secretary may establish poli8 cies and procedures for developing the annual de9 tailed estimates required by paragraph (2). 

10 ‘‘(f) BUDGETARY TREATMENT.— 

11 ‘‘(1) STATUTORY PAYGO SCORECARDS.—The 

12 budgetary effects of this section shall not be entered 

13 on either PAYGO scorecard maintained pursuant to 

14 section 4(d) of the Statutory Pay-As-You-Go Act of 

15 2010 (2 U.S.C. 933(d)). 

16 ‘‘(2) SENATE PAYGO SCORECARDS.—The budg17 etary effects of this section shall not be entered on 

18 any PAYGO scorecard maintained for purposes of 

19 section 4106 of H. Con. Res. 71 (115th Congress). 

20 ‘‘(3) RESERVATION OF SAVINGS.—None of the 

21 amounts in the Fund may be made available except 

22 to the extent provided in advance in appropriations 

23 Acts, and legislation or an Act that rescinds or re24 duces amounts in such accounts shall not be esti25 mated as a reduction in direct spending under the 


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1 Congressional Budget and Impoundment Control 

2 Act of 1974 or the Balanced Budget and Emergency 

3 Deficit Control Act of 1985.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 for chapter 3 of title 38, United States Code, is amended 

6 by striking the item relating to section 324 and inserting 

7 the following: 

‘‘324. Toxic Exposure Fund.’’. 

8 (c) APPLICATION FOR FISCAL YEARS 2024 AND

9 2025.— 

10 (1) IN GENERAL.—The amounts made available 

11 under section 101(d) of title I of division A of Public 

12 Law 118–5 shall be carried out consistent with the 

13 requirements of section 324 of title 38, United 

14 States Code, as amended by subsection (a) of this 

15 section. 

16 (2) LIMITS.—In carrying out paragraph (1) for 

17 fiscal years 2024 and 2025, the amounts appro18 priated by such section 101(d) for fiscal year 2024 

19 or 2025 shall be deemed to be an amount trans20 ferred to the Toxic Exposure Fund under subsection 

21 (b)(2)(A) of such section 324, and shall be treated 

22 in the same manner as amounts so transferred for 

23 each of fiscal years 2026 through 2033. 

24 (3) RULE OF CONSTRUCTION.—Nothing in this 

25 subsection shall be construed to require such 


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1 amounts for fiscal year 2024 and 2025 to be re2 appropriated by Congress, and such funds shall be 

3 available for obligation and expenditure without fu4 ture appropriations. 

5 SEC. 3. TOXIC EXPOSURE FUND APPROPRIATIONS FOR FIS6 CAL YEARS 2034 THROUGH 2045. 

7 (a) ASSESSMENT.—Not later than November 1, 

8 2024, and annually thereafter, the Secretary shall submit 

9 an assessment, to the Committees on Veterans’ Affairs of 

10 the Senate and the House of Representatives, on the fund11 ing provided to carry out the Toxic Exposure Fund under 

12 section 324 of title 38, United States Code. Such assess13 ment shall include the following: 

14 (1) The amount of monies that were obligated 

15 and expended from the Fund during the most re16 cently ended fiscal year. 

17 (2) An estimate of the amount of funds that 

18 transferred from the most recently ended fiscal year 

19 to the current fiscal year pursuant to subsection 

20 (b)(2)(C)(i) of such section 324. 

21 (b) PROPOSED FUNDING LEVEL.—Not later than 

22 October 1, 2033, the Secretary shall submit to Congress 

23 a report containing proposed funding levels for the Toxic 

24 Exposure Fund for each of fiscal years 2034 through 

25 2045. Such report shall include— 


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1 (1) a single page containing a list of each such 

2 fiscal year and a corresponding proposed appropria3 tion (expressed as a single dollar amount) for such 

4 a year in the same manner as provided in section 

5 324(b)(2)(A) of title 38, United States Code; 

6 (2) an explanation and methodology of how the 

7 Secretary determined such amounts are appropriate 

8 funding levels; and 

9 (3) how such funding levels will address pos10 sible inflation and will fully fund activities author11 ized under such section 324. 

12 (c) PROVISION OF FUNDS.—Unless a joint resolution 

13 of disapproval under subsection (d) is enacted into law, 

14 on October 1, 2034, and on October 1 of each of fiscal 

15 years 2035 through 2045, there are hereby appropriated, 

16 out of any money in the Treasury not otherwise appro17 priated, the dollar amount for the applicable fiscal year 

18 submitted by the Secretary under subsection (b)(1). 

19 Amounts appropriated under this subsection shall be avail20 able under the terms and conditions of section 324 of title 

21 38, United States Code. 

22 (d) JOINT RESOLUTION OF DISAPPROVAL.— 

23 (1) IN GENERAL.—For purposes of this sub24 section, the term ‘‘joint resolution’’ means only a 

25 joint resolution which is introduced within the 5-day 


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1 period beginning on the date on which the Secretary 

2 transmits the report to the Congress under sub3 section (b), and— 

4 (A) which does not have a preamble; 

5 (B) the matter after the resolving clause of 

6 which is as follows: ‘‘That Congress disapproves 

7 the recommendations for the funding of the 

8 Toxic Exposure Fund for Fiscal Years 2034 

9 through 2045’’, the blank space being filled 

10 with the appropriate date; and 

11 (C) the title of which is as follows: ‘‘Joint 

12 resolution disapproving the recommendations 

13 for the funding of the Toxic Exposure Fund for 

14 Fiscal Years 2034 through 2045.’’. 

15 (2) CONSIDERATION IN THE HOUSE OF REP16 RESENTATIVES.— 

17 (A) REPORTING AND DISCHARGE.—Any 

18 committee of the House of Representatives to 

19 which a joint resolution is referred shall report 

20 it to the House without amendment not later 

21 than 15 legislative days after the date of intro22 duction thereof. If a committee fails to report 

23 the joint resolution, the committee shall be dis24 charged from further consideration of the joint 

25 resolution. 


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1 (B) PROCEEDING TO CONSIDERATION.—It 

2 shall be in order at any time after the third leg3 islative day after each committee authorized to 

4 consider a joint resolution has reported or has 

5 been discharged from consideration of a joint 

6 resolution, to move to proceed to consider the 

7 joint resolution in the House. All points of 

8 order against the motion are waived. Such a 

9 motion shall not be in order after the House 

10 has disposed of a motion to proceed on a joint 

11 resolution addressing a particular submission. 

12 The previous question shall be considered as or13 dered on the motion to its adoption without in14 tervening motion. The motion shall not be de15 batable. A motion to reconsider the vote by 

16 which the motion is disposed of shall not be in 

17 order. 

18 (C) CONSIDERATION.—The joint resolution 

19 shall be considered as read. All points of order 

20 against the joint resolution and against its con21 sideration are waived. The previous question 

22 shall be considered as ordered on the joint reso23 lution to its passage without intervening motion 

24 except 2 hours of debate equally divided and 

25 controlled by the proponent and an opponent. A 


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1 motion to reconsider the vote on passage of the 

2 joint resolution shall not be in order. 

3 (3) CONSIDERATION IN THE SENATE.— 

4 (A) REFERRAL.—A joint resolution intro5 duced in the Senate shall be referred to the 

6 Committee on Veterans’ Affairs. 

7 (B) REPORTING AND DISCHARGE.—Any 

8 committee of the Senate to which a joint resolu9 tion is referred shall report it to the Senate 

10 without amendment not later than 15 session 

11 days after the date of introduction of a joint 

12 resolution described in paragraph (1). If a com13 mittee fails to report the joint resolution within 

14 that period, the committee shall be discharged 

15 from further consideration of the joint resolu16 tion and the joint resolution shall be placed on 

17 the calendar. 

18 (C) FLOOR CONSIDERATION.— 

19 (i) IN GENERAL.—Notwithstanding 

20 Rule XXII of the Standing Rules of the 

21 Senate, it is in order at any time after the 

22 third session day on which the Committee 

23 on Veterans’ Affairs has reported or has 

24 been discharged from consideration of a 

25 joint resolution described in paragraph (1) 


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1 (even though a previous motion to the 

2 same effect has been disagreed to) to move 

3 to proceed to the consideration of the joint 

4 resolution, and all points of order against 

5 the joint resolution (and against consider6 ation of the joint resolution) are waived. 

7 The motion to proceed is not debatable. 

8 The motion is not subject to a motion to 

9 postpone. A motion to reconsider the vote 

10 by which the motion is agreed to or dis11 agreed to shall not be in order. If a motion 

12 to proceed to the consideration of the reso13 lution is agreed to, the joint resolution 

14 shall remain the unfinished business until 

15 disposed of. 

16 (ii) CONSIDERATION.—Consideration 

17 of the joint resolution, and on all debatable 

18 motions and appeals in connection there19 with, shall be limited to not more than 2 

20 hours, which shall be divided equally be21 tween the majority and minority leaders or 

22 their designees. A motion further to limit 

23 debate is in order and not debatable. An 

24 amendment to, or a motion to postpone, or 

25 a motion to proceed to the consideration of 


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1 other business, or a motion to recommit 

2 the joint resolution is not in order. 

3 (iii) VOTE ON PASSAGE.—If the Sen4 ate has voted to proceed to a joint resolu5 tion, the vote on passage of the joint reso6 lution shall occur immediately following the 

7 conclusion of consideration of the joint res8 olution, and a single quorum call at the 

9 conclusion of the debate if requested in ac10 cordance with the rules of the Senate. 

11 (iv) RULINGS OF THE CHAIR ON PRO12 CEDURE.—Appeals from the decisions of 

13 the Chair relating to the application of the 

14 rules of the Senate, as the case may be, to 

15 the procedure relating to a joint resolution 

16 shall be decided without debate. 

17 (4) AMENDMENT NOT IN ORDER.—A joint reso18 lution of disapproval considered pursuant to this sec19 tion shall not be subject to amendment in either the 

20 House of Representatives or the Senate. 

21 (5) COORDINATION WITH ACTION BY OTHER

22 HOUSE.— 

23 (A) IN GENERAL.—If, before the passage 

24 by one House of the joint resolution of that 

25 House, that House receives the joint resolution 


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1 from the other House, then the following proce2 dures shall apply: 

3 (i) The joint resolution of the other 

4 House shall not be referred to a com5 mittee. 

6 (ii) With respect to the joint resolu7 tion of the House receiving the joint reso8 lution— 

9 (I) the procedure in that House 

10 shall be the same as if no joint resolu11 tion had been received from the other 

12 House; but 

13 (II) the vote on passage shall be 

14 on the joint resolution of the other 

15 House. 

16 (B) TREATMENT OF JOINT RESOLUTION

17 OF OTHER HOUSE.—If the Senate fails to intro18 duce or consider a joint resolution under this 

19 section, the joint resolution of the House shall 

20 be entitled to expedited floor procedures under 

21 this section. 

22 (C) TREATMENT OF COMPANION MEAS23 URES.—If, following passage of the joint resolu24 tion in the Senate, the Senate then receives the 

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1 resentatives, the companion measure shall not 

2 be debatable. 

3 (6) RULES OF THE HOUSE OF REPRESENTA4 TIVES AND SENATE.—This subsection is enacted by 

5 Congress— 

6 (A) as an exercise of the rulemaking power 

7 of the Senate and House of Representatives, re8 spectively, and as such it is deemed a part of 

9 the rules of each House, respectively, but appli10 cable only with respect to the procedure to be 

11 followed in that House in the case of a joint 

12 resolution, and it supersedes other rules only to 

13 the extent that it is inconsistent with such 

14 rules; and 

15 (B) with full recognition of the constitu16 tional right of either House to change the rules 

17 (so far as relating to the procedure of that 

18 House) at any time, in the same manner, and 

19 to the same extent as in the case of any other 

20 rule of that House. 

Æ 


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