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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7738 Introduced in House (IH)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Toxic Exposure Fund Improvement Act 
of 2024''.

SEC. 2. TOXIC EXPOSURE FUND.

    (a) In General.--Section 324 of title 38, United States Code, is 
amended to read as follows:
``Sec. 324. Toxic Exposure Fund
    ``(a) In General.--The Secretary of Veterans Affairs shall use any 
funds appropriated pursuant to the authorization of appropriations in 
subsection (b)(3) to carry out the purposes of the Toxic Exposure Fund 
described in subsection (b)(4).
    ``(b) Toxic Exposure Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        an account, to be known as the `Toxic Exposure Fund' (referred 
        to in this subsection as the `Fund'), to carry out the purposes 
        described in paragraph (4).
            ``(2) Transfer of direct spending savings.--
                    ``(A) In general.--The following amounts shall be 
                transferred, from the savings described in subsection 
                (e)(1), to the Toxic Exposure Fund:
                            ``(i) For fiscal year 2026, 
                        $26,411,000,000.
                            ``(ii) For fiscal year 2027, 
                        $28,524,000,000.
                            ``(iii) For fiscal year 2028, 
                        $30,806,000,000.
                            ``(iv) For fiscal year 2029, 
                        $33,271,000,000.
                            ``(v) For fiscal year 2030, 
                        $35,932,000,000.
                            ``(vi) For fiscal year 2031, 
                        $38,807,000,000.
                            ``(vii) For fiscal year 2032, 
                        $41,912,000,000.
                            ``(viii) For fiscal year 2033, 
                        $45,264,000,000.
                    ``(B) Amounts deposited.--Any amounts transferred 
                under subparagraph (A) shall remain unavailable for 
                obligation or expenditure until such amounts are 
                appropriated pursuant to paragraph (3).
                    ``(C) Adjustments.--
                            ``(i) In general.--Any amounts under 
                        subparagraph (A) that are not appropriated for 
                        a fiscal year shall be available for 
                        appropriation, under the terms and conditions 
                        of this section, during the subsequent fiscal 
                        year.
                            ``(ii) Budget.--When the President submits 
                        the budget under section 1105 of title 31 for 
                        any of fiscal years 2026 through 2033, the 
                        Office of Management and Budget shall calculate 
                        and the budget shall include adjustments 
                        reflecting amounts carried over by operation of 
                        clause (i).
            ``(3) Appropriations.--
                    ``(A) Authorization of appropriations.--For each of 
                the fiscal years 2026 through 2033, there is authorized 
                to be appropriated from the Fund to the Secretary of 
                Veterans Affairs, for the purpose of carrying out the 
                Fund, an amount not to exceed the total amount 
                transferred to the Fund under paragraph (2)(A), to 
                remain available until expended.
                    ``(B) Offsetting future appropriations.--For any of 
                the fiscal years 2026 through 2033 for any 
                discretionary appropriation under the heading `Toxic 
                Exposure Fund' provided to the Secretary of Veterans 
                Affairs pursuant to the authorization of appropriations 
                under subparagraph (A), the total amount of such 
                appropriations for the applicable fiscal year (not to 
                exceed the total amount remaining in the Fund) shall be 
                subtracted from the estimate of discretionary budget 
                authority and the resulting outlays for any estimate 
                under the Congressional Budget and Impoundment Control 
                Act of 1974 or the Balanced Budget and Emergency 
                Deficit Control Act of 1985, and the amount transferred 
                to the Fund shall be reduced by the same amount.
            ``(4) Purpose.--Amounts appropriated from the Fund--
                    ``(A) shall be available for--
                            ``(i) the delivery of veterans' health care 
                        under Public Law 117-168, subject to the 
                        eligibility criteria described in section 
                        1710(e) of this title as added to such section 
                        by such Public Law;
                            ``(ii) any expenses, including 
                        administrative and information technology 
                        expenses, incident to--
                                    ``(I) the delivery of veterans' 
                                health care described in clause (i); or
                                    ``(II) the delivery of benefits 
                                under Public Law 117-168, including to 
                                carry out section 701 of such Public 
                                Law; and
                            ``(iii) medical research under Public Law 
                        117-168; and
                    ``(B) shall not be available for leases as 
                authorized or approved under section 8104 of this 
                title.
    ``(c) Accountability and Oversight.--
            ``(1) Work plan.--
                    ``(A) In general.--Not later than 180 days after 
                the date of the enactment of the Toxic Exposure Fund 
                Improvement Act, the Secretary of Veterans Affairs 
                shall submit, to the Committee on Veterans Affairs and 
                Committee on Appropriations of the House of 
                Representatives and Committee on Veterans Affairs and 
                Committee on Appropriations of the Senate, a work plan 
                including the proposed allocation of funds authorized 
                to be appropriated pursuant to subsection (b)(3) for 
                each fiscal years 2025 through 2033 for the Fund and 
                the contents described in subparagraph (B).
                    ``(B) Contents.--The work plan submitted under 
                subparagraph (A) shall include--
                            ``(i) the amount of money to be obligated 
                        or expended in each year from the Fund; and
                            ``(ii) a description of how each such 
                        account supports the strategic goal of serving 
                        veterans exposed to toxic materials.
            ``(2) Reports.--
                    ``(A) Annual reports.--Not later than January 1 of 
                each fiscal years 2027 through 2033, the Secretary 
                shall submit to the Committee on Veterans Affairs and 
                Committee on Appropriations of the House of 
                Representatives and Committee on Veterans Affairs and 
                Committee on Appropriations of the Senate, a report 
                including--
                            ``(i) the amount of money obligated or 
                        expended in the prior fiscal year from the 
                        Fund;
                            ``(ii) a description of any such project 
                        using funds provided pursuant to the 
                        authorization of appropriations under 
                        subsection (b)(3); and
                            ``(iii) whether such projects are serving 
                        veterans exposed to toxic materials.
                    ``(B) Additional reports.--Upon the request of the 
                Committee on Veterans Affairs and Committee on 
                Appropriations of the House of Representatives and 
                Committee on Veterans Affairs and Committee on 
                Appropriations of the Senate, the Secretary shall 
                provide an update in the form of testimony and any 
                additional reports to the respective congressional 
                committee regarding the allocation of funding under 
                this section or the description of the Fund.
    ``(d) Transfer and Reprogramming of Funds.--No amounts may be 
transferred into the Fund may be from amounts that were designated by 
Congress as an emergency requirement pursuant to a concurrent 
resolution on the budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985.
    ``(e) Budget Scorekeeping.--
            ``(1) Savings.--The amounts made available under subsection 
        (b)(2) shall be derived from savings generated through the 
        modification of the Fund by operation of this enactment of the 
        Toxic Exposure Fund Improvement Act to cover the cost of the 
        Fund. Any funds in excess of the total amounts so made 
        available shall be returned to the general fund of the 
        Treasury.
            ``(2) Estimates for congressional consideration.--The 
        Secretary shall include in the 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 (b) for the applicable fiscal year.
            ``(3) Procedures for estimates.--After consultation with 
        the Committees on Veterans' Affairs and Appropriations of the 
        House of Representatives and Senate, the Secretary may 
        establish policies and procedures for developing the annual 
        detailed estimates required by paragraph (2).
    ``(f) Budgetary Treatment.--
            ``(1) Statutory paygo scorecards.--The budgetary effects of 
        this section shall not be entered on either PAYGO scorecard 
        maintained pursuant to section 4(d) of the Statutory Pay-As-
        You-Go Act of 2010 (2 U.S.C. 933(d)).
            ``(2) Senate paygo scorecards.--The budgetary effects of 
        this section shall not be entered on any PAYGO scorecard 
        maintained for purposes of section 4106 of H. Con. Res. 71 
        (115th Congress).
            ``(3) Reservation of savings.--None of the amounts in the 
        Fund may be made available except to the extent provided in 
        advance in appropriations Acts, and legislation or an Act that 
        rescinds or reduces amounts in such accounts shall not be 
        estimated as a reduction in direct spending under the 
        Congressional Budget and Impoundment Control Act of 1974 or the 
        Balanced Budget and Emergency Deficit Control Act of 1985.''.
    (b) Clerical Amendment.--The table of sections for chapter 3 of 
title 38, United States Code, is amended by striking the item relating 
to section 324 and inserting the following:

``324. Toxic Exposure Fund.''.
    (c) Application for Fiscal Years 2024 and 2025.--
            (1) In general.--The amounts made available under section 
        101(d) of title I of division A of Public Law 118-5 shall be 
        carried out consistent with the requirements of section 324 of 
        title 38, United States Code, as amended by subsection (a) of 
        this section.
            (2) Limits.--In carrying out paragraph (1) for fiscal years 
        2024 and 2025, the amounts appropriated by such section 101(d) 
        for fiscal year 2024 or 2025 shall be deemed to be an amount 
        transferred to the Toxic Exposure Fund under subsection 
        (b)(2)(A) of such section 324, and shall be treated in the same 
        manner as amounts so transferred for each of fiscal years 2026 
        through 2033.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to require such amounts for fiscal year 2024 and 
        2025 to be reappropriated by Congress, and such funds shall be 
        available for obligation and expenditure without future 
        appropriations.

SEC. 3. TOXIC EXPOSURE FUND APPROPRIATIONS FOR FISCAL YEARS 2034 
              THROUGH 2045.

    (a) Assessment.--Not later than November 1, 2024, and annually 
thereafter, the Secretary shall submit an assessment, to the Committees 
on Veterans' Affairs of the Senate and the House of Representatives, on 
the funding provided to carry out the Toxic Exposure Fund under section 
324 of title 38, United States Code. Such assessment shall include the 
following:
            (1) The amount of monies that were obligated and expended 
        from the Fund during the most recently ended fiscal year.
            (2) An estimate of the amount of funds that transferred 
        from the most recently ended fiscal year to the current fiscal 
        year pursuant to subsection (b)(2)(C)(i) of such section 324.
    (b) Proposed Funding Level.--Not later than October 1, 2033, the 
Secretary shall submit to Congress a report containing proposed funding 
levels for the Toxic Exposure Fund for each of fiscal years 2034 
through 2045. Such report shall include--
            (1) a single page containing a list of each such fiscal 
        year and a corresponding proposed appropriation (expressed as a 
        single dollar amount) for such a year in the same manner as 
        provided in section 324(b)(2)(A) of title 38, United States 
        Code;
            (2) an explanation and methodology of how the Secretary 
        determined such amounts are appropriate funding levels; and
            (3) how such funding levels will address possible inflation 
        and will fully fund activities authorized under such section 
        324.
    (c) Provision of Funds.--Unless a joint resolution of disapproval 
under subsection (d) is enacted into law, on October 1, 2034, and on 
October 1 of each of fiscal years 2035 through 2045, there are hereby 
appropriated, out of any money in the Treasury not otherwise 
appropriated, the dollar amount for the applicable fiscal year 
submitted by the Secretary under subsection (b)(1). Amounts 
appropriated under this subsection shall be available under the terms 
and conditions of section 324 of title 38, United States Code.
    (d) Joint Resolution of Disapproval.--
            (1) In general.--For purposes of this subsection, the term 
        ``joint resolution'' means only a joint resolution which is 
        introduced within the 5-day period beginning on the date on 
        which the Secretary transmits the report to the Congress under 
        subsection (b), and--
                    (A) which does not have a preamble;
                    (B) the matter after the resolving clause of which 
                is as follows: ``That Congress disapproves the 
                recommendations for the funding of the Toxic Exposure 
                Fund for Fiscal Years 2034 through 2045'', the blank 
                space being filled with the appropriate date; and
                    (C) the title of which is as follows: ``Joint 
                resolution disapproving the recommendations for the 
                funding of the Toxic Exposure Fund for Fiscal Years 
                2034 through 2045.''.
            (2) Consideration in the house of representatives.--
                    (A) Reporting and discharge.--Any committee of the 
                House of Representatives to which a joint resolution is 
                referred shall report it to the House without amendment 
                not later than 15 legislative days after the date of 
                introduction thereof. If a committee fails to report 
                the joint resolution, the committee shall be discharged 
                from further consideration of the joint resolution.
                    (B) Proceeding to consideration.--It shall be in 
                order at any time after the third legislative day after 
                each committee authorized to consider a joint 
                resolution has reported or has been discharged from 
                consideration of a joint resolution, to move to proceed 
                to consider the joint resolution in the House. All 
                points of order against the motion are waived. Such a 
                motion shall not be in order after the House has 
                disposed of a motion to proceed on a joint resolution 
                addressing a particular submission. The previous 
                question shall be considered as ordered on the motion 
                to its adoption without intervening motion. The motion 
                shall not be debatable. A motion to reconsider the vote 
                by which the motion is disposed of shall not be in 
                order.
                    (C) Consideration.--The joint resolution shall be 
                considered as read. All points of order against the 
                joint resolution and against its consideration are 
                waived. The previous question shall be considered as 
                ordered on the joint resolution to its passage without 
                intervening motion except 2 hours of debate equally 
                divided and controlled by the proponent and an 
                opponent. A motion to reconsider the vote on passage of 
                the joint resolution shall not be in order.
            (3) Consideration in the senate.--
                    (A) Referral.--A joint resolution introduced in the 
                Senate shall be referred to the Committee on Veterans' 
                Affairs.
                    (B) Reporting and discharge.--Any committee of the 
                Senate to which a joint resolution is referred shall 
                report it to the Senate without amendment not later 
                than 15 session days after the date of introduction of 
                a joint resolution described in paragraph (1). If a 
                committee fails to report the joint resolution within 
                that period, the committee shall be discharged from 
                further consideration of the joint resolution and the 
                joint resolution shall be placed on the calendar.
                    (C) Floor consideration.--
                            (i) In general.--Notwithstanding Rule XXII 
                        of the Standing Rules of the Senate, it is in 
                        order at any time after the third session day 
                        on which the Committee on Veterans' Affairs has 
                        reported or has been discharged from 
                        consideration of a joint resolution described 
                        in paragraph (1) (even though a previous motion 
                        to the same effect has been disagreed to) to 
                        move to proceed to the consideration of the 
                        joint resolution, and all points of order 
                        against the joint resolution (and against 
                        consideration of the joint resolution) are 
                        waived. The motion to proceed is not debatable. 
                        The motion is not subject to a motion to 
                        postpone. A motion to reconsider the vote by 
                        which the motion is agreed to or disagreed to 
                        shall not be in order. If a motion to proceed 
                        to the consideration of the resolution is 
                        agreed to, the joint resolution shall remain 
                        the unfinished business until disposed of.
                            (ii) Consideration.--Consideration of the 
                        joint resolution, and on all debatable motions 
                        and appeals in connection therewith, shall be 
                        limited to not more than 2 hours, which shall 
                        be divided equally between the majority and 
                        minority leaders or their designees. A motion 
                        further to limit debate is in order and not 
                        debatable. An amendment to, or a motion to 
                        postpone, or a motion to proceed to the 
                        consideration of other business, or a motion to 
                        recommit the joint resolution is not in order.
                            (iii) Vote on passage.--If the Senate has 
                        voted to proceed to a joint resolution, the 
                        vote on passage of the joint resolution shall 
                        occur immediately following the conclusion of 
                        consideration of the joint resolution, and a 
                        single quorum call at the conclusion of the 
                        debate if requested in accordance with the 
                        rules of the Senate.
                            (iv) Rulings of the chair on procedure.--
                        Appeals from the decisions of the Chair 
                        relating to the application of the rules of the 
                        Senate, as the case may be, to the procedure 
                        relating to a joint resolution shall be decided 
                        without debate.
            (4) Amendment not in order.--A joint resolution of 
        disapproval considered pursuant to this section shall not be 
        subject to amendment in either the House of Representatives or 
        the Senate.
            (5) Coordination with action by other house.--
                    (A) In general.--If, before the passage by one 
                House of the joint resolution of that House, that House 
                receives the joint resolution from the other House, 
                then the following procedures shall apply:
                            (i) The joint resolution of the other House 
                        shall not be referred to a committee.
                            (ii) With respect to the joint resolution 
                        of the House receiving the joint resolution--
                                    (I) the procedure in that House 
                                shall be the same as if no joint 
                                resolution had been received from the 
                                other House; but
                                    (II) the vote on passage shall be 
                                on the joint resolution of the other 
                                House.
                    (B) Treatment of joint resolution of other house.--
                If the Senate fails to introduce or consider a joint 
                resolution under this section, the joint resolution of 
                the House shall be entitled to expedited floor 
                procedures under this section.
                    (C) Treatment of companion measures.--If, following 
                passage of the joint resolution in the Senate, the 
                Senate then receives the companion measure from the 
                House of Representatives, the companion measure shall 
                not be debatable.
            (6) Rules of the house of representatives and senate.--This 
        subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the 
                Senate and House of Representatives, respectively, and 
                as such it is deemed a part of the rules of each House, 
                respectively, but applicable only with respect to the 
                procedure to be followed in that House in the case of a 
                joint resolution, and it supersedes other rules only to 
                the extent that it is inconsistent with such rules; and
                    (B) with full recognition of the constitutional 
                right of either House to change the rules (so far as 
                relating to the procedure of that House) at any time, 
                in the same manner, and to the same extent as in the 
                case of any other rule of that House.
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