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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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Committee Hearings Held
Referred to the Subcommittee on Oversight and Investigations.
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