Section 1 Short title
This Act may be cited as the “Toxic Exposure Fund Improvement Act of 2024”.
Toxic Exposure Fund Improvement Act of 2024
A BILL
To establish the Toxic Exposure Fund of the Department of Veterans Affairs, and for other purposes.
Sec. 2 Toxic Exposure Fund
In general— Section 324 of title 38, United States Code, is amended to read as follows:
“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.”
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:
Application for fiscal years 2024 and 2025—
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.
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.
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
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:
The amount of monies that were obligated and expended from the Fund during the most recently ended fiscal year.
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.
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—
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;
an explanation and methodology of how the Secretary determined such amounts are appropriate funding levels; and
how such funding levels will address possible inflation and will fully fund activities authorized under such section 324.
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.
Joint resolution of disapproval—
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—
which does not have a preamble;
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
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.”.
Consideration in the House of Representatives—
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.
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.
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.
Consideration in the Senate—
Referral— A joint resolution introduced in the Senate shall be referred to the Committee on Veterans’ Affairs.
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.
Floor consideration—
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.
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.
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.
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.
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.
Coordination with action by other house—
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:
The joint resolution of the other House shall not be referred to a committee.
With respect to the joint resolution of the House receiving the joint resolution—
the procedure in that House shall be the same as if no joint resolution had been received from the other House; but
the vote on passage shall be on the joint resolution of the other House.
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.
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.
Rules of the house of representatives and senate— This subsection is enacted by Congress—
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
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.