[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4243 Reported in House (RH)]
<DOC>
Union Calendar No. 867
115th CONGRESS
2d Session
H. R. 4243
[Report No. 115-1036, Part I]
To establish a commission for the purpose of making recommendations
regarding the modernization or realignment of facilities of the
Veterans Health Administration, to improve construction and management
leases of the Department of Veterans Affairs, to amend and appropriate
funds for the Veterans Choice Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 3, 2017
Mr. Roe of Tennessee (for himself, Mr. Coffman, Mr. Wenstrup, Mrs.
Radewagen, Mr. Bost, Mr. Poliquin, Mr. Arrington, Mr. Rutherford, Mr.
Higgins of Louisiana, Mr. Bergman, Mr. Banks of Indiana, Miss Gonzalez-
Colon of Puerto Rico, and Mr. Dunn) introduced the following bill;
which was referred to the Committee on Veterans' Affairs, and in
addition to the Committees on Rules and Appropriations, 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
November 16, 2018
Reported from the Committee on Veterans' Affairs with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
November 16, 2018
Referral to the Committees on Rules and Appropriations extended for a
period ending not later than December 28, 2018
[For text of introduced bill, see copy of bill as introduced on
November 3, 2017]
December 28, 2018
Additional sponsors: Mr. Bilirakis, Mr. Sessions, and Mr. Francis
Rooney of Florida
December 28, 2018
Committees on Rules and Appropriations discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed
_______________________________________________________________________
A BILL
To establish a commission for the purpose of making recommendations
regarding the modernization or realignment of facilities of the
Veterans Health Administration, to improve construction and management
leases of the Department of Veterans Affairs, to amend and appropriate
funds for the Veterans Choice Program, 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. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--ASSET AND INFRASTRUCTURE REVIEW
Sec. 101. Short title.
Sec. 102. The Commission.
Sec. 103. Procedure for making recommendations.
Sec. 104. Actions regarding infrastructure and facilities of the
Veterans Health Administration.
Sec. 105. Implementation.
Sec. 106. Department of Veterans Affairs Asset and Infrastructure
Review Account.
Sec. 107. Congressional consideration of Commission report.
Sec. 108. Other matters.
Sec. 109. Definitions.
TITLE II--IMPROVEMENTS TO CONSTRUCTION MANAGEMENT AND LEASES
Sec. 201. Modification of thresholds for major medical facility
projects and major medical facility leases.
Sec. 202. Submission of prospectuses of proposed minor medical facility
projects.
Sec. 203. Improvement to training of construction personnel.
Sec. 204. Authority to plan, design, construct, or lease shared medical
facilities.
Sec. 205. Enhanced use lease authority.
TITLE III--OTHER MATTERS
Sec. 301. Exception on limitation on awards and bonuses for
recruitment, relocation, and retention.
Sec. 302. Appropriation of amounts.
Sec. 303. Assessment of health care furnished by the Department to
veterans who live in the territories.
TITLE I--ASSET AND INFRASTRUCTURE REVIEW
SEC. 101. SHORT TITLE.
This title may be cited as the ``VA Asset and Infrastructure Review
Act of 2017''.
SEC. 102. THE COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the ``Asset and Infrastructure Review Commission'' (in
this title referred to as the ``Commission'').
(b) Duties.--The Commission shall carry out the duties specified
for it in this title.
(c) Appointment.--
(1) In general.--
(A) Appointment.--The Commission shall be composed
of 9 members appointed by the President, by and with
the advice and consent of the Senate.
(B) Transmission of nominations.--The President
shall transmit to the Senate the nominations for
appointment to the Commission not later than May 31,
2021.
(2) Consultation in selection process.--In selecting
individuals for nominations for appointments to the Commission,
the President shall consult with--
(A) the Speaker of the House of Representatives;
(B) the majority leader of the Senate;
(C) the minority leader of the House of
Representatives;
(D) the minority leader of the Senate; and
(E) congressionally chartered, membership based
veterans service organizations concerning the
appointment of three members.
(3) Designation of chair.--At the time the President
nominates individuals for appointment to the Commission under
paragraph (1)(B), the President shall designate one such
individual who shall serve as Chair of the Commission and one
such individual who shall serve as Vice Chair of the
Commission.
(4) Member representation.--In nominating individuals under
this subsection, the President shall ensure that--
(A) veterans, reflecting current demographics of
veterans enrolled in the system of annual patient
enrollment under section 1705 of title 38, United
States Code, are adequately represented in the
membership of the Commission;
(B) at least one member of the Commission has
experience working for a private integrated health care
system that has annual gross revenues of more than
$50,000,000;
(C) at least one member has experience as a senior
manager for an entity specified in clause (ii), (iii),
or (iv) of section 101(a)(1)(B) of the Veterans Access,
Choice, and Accountability Act of 2014 (Public Law 113-
146; 38 U.S.C. 1701 note);
(D) at least one member--
(i) has experience with capital asset
management for the Federal Government; and
(ii) is familiar with trades related to
building and real property, including
construction, engineering, architecture,
leasing, and strategic partnerships; and
(E) at least three members represent
congressionally chartered, membership-based, veterans
service organizations.
(d) Meetings.--
(1) In general.--The Commission shall meet only during
calendar years 2022 and 2023.
(2) Public nature of meetings and proceedings.--
(A) Public meetings.--Each meeting of the
Commission shall be open to the public.
(B) Open participation.--All the proceedings,
information, and deliberations of the Commission shall
be available for review by the public.
(e) Vacancies.--A vacancy in the Commission shall be filled in the
same manner as the original appointment, but the individual appointed
to fill the vacancy shall serve only for the unexpired portion of the
term for which the individual's predecessor was appointed.
(f) Pay.--
(1) In general.--Members of the Commission shall serve
without pay.
(2) Officers or employees of the united states.--Each
member of the Commission who is an officer or employee of the
United States shall serve without compensation in addition to
that received for service as an officer or employee of the
United States.
(3) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(g) Director of Staff.--
(1) Appointment.--The Commission shall appoint a Director
who--
(A) has not served as an employee of the Department
of Veterans Affairs during the one-year period
preceding the date of such appointment; and
(B) is not otherwise barred or prohibited from
serving as Director under Federal ethics laws and
regulations, by reason of post-employment conflict of
interest.
(2) Rate of pay.--The Director shall be paid at the rate of
basic pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(h) Staff.--
(1) Pay of personnel.--Subject to paragraphs (2) and (3),
the Director, with the approval of the Commission, may appoint
and fix the pay of additional personnel.
(2) Exemption from certain requirements.--The Director may
make such appointments without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and any personnel so appointed may be paid
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of that title relating to classification and
General Schedule pay rates, except that an individual so
appointed may not receive pay in excess of the annual rate of
basic pay payable for GS-15 of the General Schedule.
(3) Detailees.--
(A) Limitation on number.--Not more than two-thirds
of the personnel employed by or detailed to the
Commission may be on detail from the Department of
Veterans Affairs.
(B) Professional analysts.--Not more than half of
the professional analysts of the Commission staff may
be persons detailed from the Department of Veterans
Affairs to the Commission.
(C) Prohibition on detail of certain personnel.--A
person may not be detailed from the Department of
Veterans Affairs to the Commission if, within 6 months
before the detail is to begin, that person participated
personally and substantially in any matter within the
Department of Veterans Affairs concerning the
preparation of recommendations regarding facilities of
the Veterans Health Administration.
(4) Authority to request detailed personnel.--Subject to
paragraph (3), the head of any Federal department or agency,
upon the request of the Director, may detail any of the
personnel of that department or agency to the Commission to
assist the Commission in carrying out its duties under this
title.
(5) Information from federal agencies.--The Commission may
secure directly from any Federal agency such information the
Commission considers necessary to carry out this title. Upon
request of the Chair, the head of such agency shall furnish
such information to the Commission.
(i) Other Authority.--
(1) Temporary and intermittent services.--The Commission
may procure by contract, to the extent funds are available, the
temporary or intermittent services of experts or consultants
pursuant to section 3109 of title 5, United States Code.
(2) Leasing and acquisition of property.--To the extent
funds are available, the Commission may lease real property and
acquire personal property either of its own accord or in
consultation with the General Services Administration.
(j) Termination.--The Commission shall terminate on December 31,
2023.
(k) Prohibition Against Restricting Communications.--
(1) In general.--Except as provided in paragraph (2), no
person may restrict an employee of the Department of Veterans
Affairs in communicating with the Commission.
(2) Unlawful communications.--Paragraph (1) does not apply
to a communication that is unlawful.
SEC. 103. PROCEDURE FOR MAKING RECOMMENDATIONS.
(a) Selection Criteria.--
(1) Publication.--The Secretary shall, not later than
February 1, 2021, and after consulting with veterans service
organizations, publish in the Federal Register and transmit to
the Committees on Veterans' Affairs of the Senate and the House
of Representatives the criteria proposed to be used by the
Department of Veterans Affairs in assessing and making
recommendations regarding the modernization or realignment of
facilities of the Veterans Health Administration under this
title. Such criteria shall include the preferences of veterans
regarding health care furnished by the Department.
(2) Public comment.--The Secretary shall provide an
opportunity for public comment on the proposed criteria under
paragraph (1) for a period of at least 90 days and shall
include notice of that opportunity in the publication required
under such paragraph.
(3) Publication of final criteria.--The Secretary shall,
not later than May 31, 2021, publish in the Federal Register
and transmit to the Committees on Veterans' Affairs of the
Senate and the House of Representatives the final criteria to
be used in making recommendations regarding the closure,
modernization, or realignment of facilities of the Veterans
Health Administration under this title.
(b) Recommendations of the Secretary.--
(1) Publication in federal register.--The Secretary shall,
not later than January 31, 2022, and after consulting with
veterans service organizations, publish in the Federal Register
and transmit to the Committees on Veterans' Affairs of the
Senate and the House of Representatives and to the Commission a
report detailing the recommendations regarding the
modernization or realignment of facilities of the Veterans
Health Administration on the basis of the final criteria
referred to in subsection (a)(2) that are applicable.
(2) Factors for consideration.--In making recommendations
under this subsection, the Secretary shall consider each of the
following factors:
(A) The degree to which any health care delivery or
other site for providing services to veterans reflect
the metrics of the Department of Veterans Affairs
regarding market area health system planning.
(B) The provision of effective and efficient access
to high-quality health care and services for veterans.
(C) The extent to which the real property that no
longer meets the needs of the Federal Government could
be reconfigured, repurposed, consolidated, realigned,
exchanged, outleased, repurposed, replaced, sold, or
disposed.
(D) The need of the Veterans Health Administration
to acquire infrastructure or facilities that will be
used for the provision of health care and services to
veterans.
(E) The extent to which the operating and
maintenance costs are reduced through consolidating,
colocating, and reconfiguring space, and through
realizing other operational efficiencies.
(F) The extent and timing of potential costs and
savings, including the number of years such costs or
savings will be incurred, beginning with the date of
completion of the proposed recommendation.
(G) The extent to which the real property aligns
with the mission of the Department of Veterans Affairs.
(H) The extent to which any action would impact
other missions of the Department (including education,
research, or emergency preparedness).
(I) Local stakeholder inputs and any factors
identified through public field hearings.
(J) The assessments under paragraph (3).
(K) Any other such factors the Secretary determines
appropriate.
(3) Capacity and commercial market assessments.--
(A) Assessments.--The Secretary shall assess the
capacity of each Veterans Integrated Service Network
and medical facility of the Department to furnish
hospital care or medical services to veterans under
chapter 17 of title 38, United States Code. Each such
assessment shall--
(i) identify gaps in furnishing such care
or services at such Veterans Integrated Service
Network or medical facility;
(ii) identify how such gaps can be filled
by--
(I) entering into contracts or
agreements with network providers under
this section or with entities under
other provisions of law;
(II) making changes in the way such
care and services are furnished at such
Veterans Integrated Service Network or
medical facility, including--
(aa) extending hours of
operation;
(bb) adding personnel; or
(cc) expanding space
through the construction,
leasing, or sharing of health
care facilities;
(III) the building or realignment
of Department resources or personnel;
(iii) forecast, based on future projections
and historical trends, both the short- and
long-term demand in furnishing care or services
at such Veterans Integrated Service Network or
medical facility and assess how such demand
affects the needs to use such network
providers;
(iv) include a commercial health care
market assessment of designated catchment areas
in the United States conducted by a non-
governmental entity; and
(v) consider the unique ability of the
Federal Government to retain a presence in an
area otherwise devoid of commercial health care
providers or from which such providers are at
risk of leaving.
(B) Consultation.--In carrying out the assessments
under subparagraph (A), the Secretary shall consult
with veterans service organizations and veterans served
by each such Veterans Integrated Service Network and
medical facility.
(C) Submittal.--The Secretary shall submit such
assessments to the Committees on Veterans' Affairs of
the House of Representatives and the Senate with the
recommendations of the Secretary under this subsection
and make the assessments publicly available.
(4) Summary of selection process.--The Secretary shall
include, with the list of recommendations published and
transmitted pursuant to paragraph (1), a summary of the
selection process that resulted in the recommendation for each
facility of the Veterans Health Administration, including a
justification for each recommendation. The Secretary shall
transmit the matters referred to in the preceding sentence not
later than 7 days after the date of the transmittal to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives and the Commission of the report referred to in
paragraph (1).
(5) Treatment of facilities.--In assessing facilities of
the Veterans Health Administration, the Secretary shall
consider all such facilities equally without regard to whether
the facility has been previously considered or proposed for
reuse, closure, modernization, or realignment by the Department
of Veterans Affairs.
(6) Availability of information to congress.--In addition
to making all information used by the Secretary to prepare the
recommendations under this subsection available to Congress
(including any committee or Member of Congress), the Secretary
shall also make such information available to the Commission
and the Comptroller General of the United States.
(7) Certification of accuracy.--
(A) In general.--Each person referred to in
subparagraph (B), when submitting information to the
Secretary or the Commission concerning the
modernization or realignment of a facility of the
Veterans Health Administration, shall certify that such
information is accurate and complete to the best of
that person's knowledge and belief.
(B) Covered persons.--Subparagraph (A) applies to
the following persons:
(i) Each Under Secretary of the Department
of Veterans Affairs.
(ii) Each director of a Veterans Integrated
Service Network.
(iii) Each director of a medical center of
the Department of Veterans Affairs.
(iv) Each director of a program office of
the Department of Veterans Affairs.
(v) Each person who is in a position the
duties of which include personal and
substantial involvement in the preparation and
submission of information and recommendations
concerning the modernization or realignment of
facilities of the Veterans Health
Administration.
(c) Review and Recommendations by the Commission.--
(1) Public hearings.--
(A) In general.--After receiving the
recommendations from the Secretary pursuant to
subsection (b), the Commission shall conduct public
hearings on the recommendations.
(B) Locations.--The Commission shall conduct public
hearings in regions affected by a recommendation of the
Secretary to close a facility of the Veterans Health
Administration. To the greatest extent practicable, the
Commission shall conduct public hearings in regions
affected by a recommendation of the Secretary to
modernize or realign such a facility.
(C) Required witnesses.--Witnesses at each public
hearing shall include at a minimum--
(i) a veteran--
(I) enrolled under section 1705 of
title 38, United States Code; and
(II) identified by a local veterans
service organization; and
(ii) a local elected official.
(2) Transmittal to president.--
(A) In general.--The Commission shall, not later
than January 31, 2023, transmit to the President a
report containing the Commission's findings and
conclusions based on a review and analysis of the
recommendations made by the Secretary, together with
the Commission's recommendations, for modernizations
and realignments of facilities of the Veterans Health
Administration.
(B) Authority to make changes to recommendations.--
Subject to subparagraph (C), in making its
recommendations, the Commission may change any
recommendation made by the Secretary if the
Commission--
(i) determines that the Secretary deviated
substantially from the final criteria referred
to in subsection (a)(2) in making such
recommendation;
(ii) determines that the change is
consistent with the final criteria referred to
in subsection (a)(2);
(iii) publishes a notice of the proposed
change in the Federal Register not less than 45
days before transmitting its recommendations to
the President pursuant to subparagraph (A); and
(iv) conducts public hearings on the
proposed change.
(3) Justification for changes.--The Commission shall
explain and justify in its report submitted to the President
pursuant to paragraph (2) any recommendation made by the
Commission that is different from the recommendations made by
the Secretary pursuant to subsection (b). The Commission shall
transmit a copy of such report to the Committees on Veterans'
Affairs of the Senate and the House of Representatives on the
same date on which it transmits its recommendations to the
President under paragraph (2).
(4) Provision of information to congress.--After January
31, 2023, the Commission shall promptly provide, upon request,
to any Member of Congress information used by the Commission in
making its recommendations.
(d) Review by the President.--
(1) Report.--The President shall, not later than February
15, 2023, transmit to the Commission and to the Congress a
report containing the President's approval or disapproval of
the Commission's recommendations.
(2) Presidential approval.--If the President approves all
the recommendations of the Commission, the President shall
transmit a copy of such recommendations to the Congress,
together with a certification of such approval.
(3) Presidential disapproval.--If the President disapproves
the recommendations of the Commission, in whole or in part, the
President shall transmit to the Commission and the Congress,
not later than March 1, 2023, the reasons for that disapproval.
The Commission shall then transmit to the President, not later
than March 15, 2023, a revised list of recommendations for
closures, modernizations, and realignments of facilities of the
Veterans Health Administration.
(4) Transmittal of recommendations to congress.--If the
President approves all of the revised recommendations of the
Commission transmitted to the President under paragraph (3),
the President shall transmit a copy of such revised
recommendations to the Congress, together with a certification
of such approval.
(5) Failure to transmit.--If the President does not
transmit to the Congress an approval and certification
described in paragraph (2) or (4) by March 30, 2023, the
process by which facilities of the Veterans Health
Administration may be selected for modernization or realignment
under this title shall be terminated.
SEC. 104. ACTIONS REGARDING INFRASTRUCTURE AND FACILITIES OF THE
VETERANS HEALTH ADMINISTRATION.
(a) In General.--Subject to subsection (b), the Secretary shall
begin to implement the recommended modernizations and realignments in
the report under section 103(d) not later than three years after the
date on which the President transmits such report to Congress. Such
implementation includes the planning of modernizations and realignments
of facilities of the Veterans Health Administration as recommended in
such report.
(b) Congressional Disapproval.--
(1) In general.--The Secretary may not carry out any
modernization or realignment recommended by the Commission in a
report transmitted from the President pursuant to section
103(d) if a joint resolution is enacted, in accordance with the
provisions of section 107, disapproving such recommendations of
the Commission before the earlier of--
(A) the end of the 45-day period beginning on the
date on which the President transmits such report; or
(B) the adjournment of Congress sine die for the
session during which such report is transmitted.
(2) Computation of period.--For purposes of paragraph (1)
and subsections (a) and (c) of section 107, the days on which
either House of Congress is not in session because of an
adjournment of more than three days to a day certain shall be
excluded in the computation of a period.
(c) Specific Authorization.--Any obligation or expenditure of funds
for any major medical facility project or any major medical facility
lease under subsection (a) shall be treated as if specifically
authorized by law for purposes of section 8104 of title 38, United
States Code, as amended by sections 201 and 202 of this Act.
SEC. 105. IMPLEMENTATION.
(a) In General.--
(1) Modernizing and realigning facilities.--In modernizing
or realigning any facility of the Veterans Health
Administration under this title, the Secretary may--
(A) take such actions as may be necessary to
modernize or realign any such facility, including the
alteration of such facilities, the acquisition of such
land, the leasing or construction of such replacement
facilities, the disposition of such land or facilities,
the performance of such activities, and the conduct of
such advance planning and design as may be required to
transfer functions from a facility of the Veterans
Health Administration to another such facility, and may
use for such purpose funds in the Account or funds
appropriated to the Department of Veterans Affairs for
such purposes;
(B) carry out activities for the purposes of
environmental mitigation, abatement, or restoration at
any such facility, and shall use for such purposes
funds in the Account;
(C) provide outplacement assistance to employees
employed by the Department of Veterans Affairs at
facilities of the Veterans Health Administration being
closed or realigned, and may use for such purpose funds
in the Account or funds appropriated to the Department
of Veterans Affairs for outplacement assistance to
employees;
(D) reimburse other Federal agencies for actions
performed at the request of the Secretary with respect
to any such closure or realignment, and may use for
such purpose funds in the Account or funds appropriated
to the Department of Veterans Affairs and available for
such purpose; and
(E) exercise the authority of the Secretary under
subchapter V of chapter 81 of title 38, United States
Code.
(2) Environmental restoration; historic preservation.--In
carrying out any closure or realignment under this title, the
Secretary, with regards to any property made excess to the
needs of the Department of Veterans Affairs as a result of such
closure or realignment, shall carry out, as soon as possible
with funds available for such purpose, any of the following for
which the Secretary is responsible:
(A) Environmental mitigation.
(B) Environmental abatement.
(C) Environmental restoration.
(D) Compliance with historic preservation
requirements.
(b) Management and Disposal of Property.--
(1) Existing disposal authorities.--To transfer or dispose
of surplus real property or infrastructure located at any
facility of the Veterans Health Administration that is
modernized or realigned under this Act, the Secretary may
exercise the authorities of the Secretary under subchapters I
and II of chapter 81 of title 38, United States Code, or the
authorities delegated to the Secretary by the Administrator of
General Services under subchapter III of chapter 5 of title 40,
United States Code.
(2) Effects on local communities.--
(A) Consultation with state and local government.--
Before any action may be taken with respect to the
disposal of any surplus real property or infrastructure
located at any facility of the Veterans Health
Administration to be closed or realigned under this
title, the Secretary of Veterans Affairs shall consult
with the Governor of the State and the heads of the
local governments concerned for the purpose of
considering any plan for the use of such property by
the local community concerned.
(B) Treatment of roads.--If infrastructure or a
facility of the Veterans Health Administration to be
closed or realigned under this title includes a road
used for public access through, into, or around the
facility, the Secretary--
(i) shall consult with the Government of
the State and the heads of the local
governments concerned for the purpose of
considering the continued availability of the
road for public use after the recommended
action is complete; and
(ii) may exercise the authority of the
Secretary under section 8108 of title 38,
United States Code.
(3) Leases; cercla.--
(A) Lease authority.--
(i) Transfer to redevelopment authority for
lease.--The Secretary may transfer title to a
facility of the Veterans Health Administration
approved for closure or realignment under this
title (including property at a facility of the
Veterans Health Administration approved for
realignment which will be retained by the
Department of Veterans Affairs or another
Federal agency after realignment) to the
redevelopment authority for the facility if the
redevelopment authority agrees to lease,
directly upon transfer, one or more portions of
the property transferred under this
subparagraph to the Secretary or to the head of
another department or agency of the Federal
Government.
(ii) Term of lease.--A lease under clause
(i) shall be for a term of not to exceed 50
years, but may provide for options for renewal
or extension of the term by the department or
agency concerned.
(iii) Limitation.--A lease under clause (i)
may not require rental payments by the United
States.
(iv) Treatment of remaindered lease
terms.--A lease under clause (i) shall include
a provision specifying that if the department
or agency concerned ceases requiring the use of
the leased property before the expiration of
the term of the lease, the remainder of the
lease term may be satisfied by the same or
another department or agency of the Federal
Government using the property for a use similar
to the use under the lease. Exercise of the
authority provided by this clause shall be made
in consultation with the redevelopment
authority concerned.
(v) Facility services.--Notwithstanding
clause (iii), if a lease under clause (i)
involves a substantial portion of the facility,
the department or agency concerned may obtain
facility services for the leased property and
common area maintenance from the redevelopment
authority or the redevelopment authority's
assignee as a provision of the lease. The
facility services and common area maintenance
shall be provided at a rate no higher than the
rate charged to non-Federal tenants of the
transferred property. Facility services and
common area maintenance covered by the lease
shall not include--
(I) municipal services that a State
or local government is required by law
to provide to all landowners in its
jurisdiction without direct charge; or
(II) firefighting or security-guard
functions.
(B) Application of cercla.--The provisions of
section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)) shall apply to any transfer of real
property under this paragraph.
(C) Additional terms and conditions.--The Secretary
may require any additional terms and conditions in
connection with a transfer under this paragraph as such
Secretary considers appropriate to protect the
interests of the United States.
(4) Application of mckinney-vento homeless assistance
act.--Nothing in this title shall limit or otherwise affect the
application of the provisions of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11301 et seq.) to facilities of the
Veterans Health Administration closed under this title.
(c) Applicability of National Environmental Policy Act of 1969.--
(1) In general.--The provisions of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall
not apply to the actions of the President, the Commission, and,
except as provided in paragraph (2), the Department of Veterans
Affairs in carrying out this title.
(2) Department of veterans affairs.--
(A) Covered activities.--The provisions of the
National Environmental Policy Act of 1969 shall apply
to actions of the Department of Veterans Affairs under
this title--
(i) during the process of property
disposal; and
(ii) during the process of relocating
functions from a facility of the Veterans
Health Administration being closed or realigned
to another facility after the receiving
facility has been selected but before the
functions are relocated.
(B) Other activities.--In applying the provisions
of the National Environmental Policy Act of 1969 to the
processes referred to in subparagraph (A), the
Secretary shall not have to consider--
(i) the need for closing or realigning the
facility of the Veterans Health Administration
as recommended by the Commission;
(ii) the need for transferring functions to
any facility of the Veterans Health
Administration which has been selected as the
receiving facility; or
(iii) facilities of the Veterans Health
Administration alternative to those recommended
or selected.
(d) Waiver.--
(1) Restrictions on use of funds.--The Secretary may close
or realign facilities of the Veterans Health Administration
under this title without regard to any provision of law
restricting the use of funds for closing or realigning
facilities of the Veterans Health Administration included in
any appropriation or authorization Act.
(2) Restrictions on authorities.--The Secretary may close
or realign facilities of the Veterans Health Administration
under this title without regard to the restrictions of section
8110 of title 38, United States Code.
(e) Transfer Authority in Connection With Payment of Environmental
Remediation Costs.--
(1) In general.--
(A) Transfer by deed.--Subject to paragraph (2) of
this subsection and section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)), the Secretary may enter
into an agreement to transfer by deed a facility of the
Veterans Health Administration with any person who
agrees to perform all environmental restoration, waste
management, and environmental compliance activities
that are required for the property or facilities under
Federal and State laws, administrative decisions,
agreements (including schedules and milestones), and
concurrences.
(B) Additional terms or conditions.--The Secretary
may require any additional terms and conditions in
connection with an agreement authorized by subparagraph
(A) as the Secretary considers appropriate to protect
the interests of the United States.
(2) Limitation.--A transfer of a facility of the Veterans
Health Administration may be made under paragraph (1) only if
the Secretary certifies to Congress that--
(A) the costs of all environmental restoration,
waste management, and environmental compliance
activities otherwise to be paid by the Secretary with
respect to the facility of the Veterans Health
Administration are equal to or greater than the fair
market value of the property or facilities to be
transferred, as determined by the Secretary; or
(B) if such costs are lower than the fair market
value of the facility of the Veterans Health
Administration, the recipient of such transfer agrees
to pay the difference between the fair market value and
such costs.
(3) Payment by the secretary for certain transfers.--In the
case of a facility of the Veterans Health Administration
covered by a certification under paragraph (2)(A), the
Secretary may pay the recipient of such facility an amount
equal to the lesser of--
(A) the amount by which the costs incurred by the
recipient of the facility of the Veterans Health
Administration for all environmental restoration,
waste, management, and environmental compliance
activities with respect to such facility exceed the
fair market value of such property as specified in such
certification; or
(B) the amount by which the costs (as determined by
the Secretary) that would otherwise have been incurred
by the Secretary for such restoration, management, and
activities with respect to such facility of the
Veterans Health Administration exceed the fair market
value of property as so specified.
(4) Disclosure.--As part of an agreement under paragraph
(1), the Secretary shall disclose to the person to whom the
facility of the Veterans Health Administration will be
transferred any information of the Secretary regarding the
environmental restoration, waste management, and environmental
compliance activities described in paragraph (1) that relate to
the facility of the Veterans Health Administration. The
Secretary shall provide such information before entering into
the agreement.
(5) Applicability of certain environmental laws.--Nothing
in this subsection shall be construed to modify, alter, or
amend the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 106. DEPARTMENT OF VETERANS AFFAIRS ASSET AND INFRASTRUCTURE
REVIEW ACCOUNT.
(a) Establishment.--There is hereby established in the ledgers of
the Treasury an account to be known as the ``Department of Veterans
Affairs Asset and Infrastructure Review Account'' which shall be
administered by the Secretary as a single account.
(b) Credits to Account.--There shall be credited to the Account the
following:
(1) Funds authorized for and appropriated to the Account.
(2) Proceeds received from the lease, transfer, or disposal
of any property at a facility of the Veterans Health
Administration closed or realigned under this title.
(c) Use of Account.--The Secretary may use the funds in the Account
only for the following purposes:
(1) To carry out this title.
(2) To cover property management and disposal costs
incurred at facilities of the Veterans Health Administration
closed, modernized, or realigned under this title.
(3) To cover costs associated with supervision, inspection,
overhead, engineering, and design of construction projects
undertaken under this title, and subsequent claims, if any,
related to such activities.
(4) Other purposes that the Secretary determines support
the mission and operations of the Department of Veterans
Affairs.
(d) Consolidated Budget Justification Display for Account.--
(1) Consolidated budget information required.--The
Secretary shall establish a consolidated budget justification
display in support of the Account that for each fiscal year--
(A) details the amount and nature of credits to,
and expenditures from, the Account during the preceding
fiscal year;
(B) separately details the environmental
remediation costs associated with facility of the
Veterans Health Administration for which a budget
request is made;
(C) specifies the transfers into the Account and
the purposes for which these transferred funds will be
further obligated, to include caretaker and environment
remediation costs associated with each facility of the
Veterans Health Administration; and
(D) details any intra-budget activity transfers
within the Account that exceeded $1,000,000 during the
preceding fiscal year or that are proposed for the next
fiscal year and will exceed $1,000,000.
(2) Submission.--The Secretary shall include the
information required by paragraph (1) in the materials that the
Secretary submits to Congress in support of the budget for a
fiscal year submitted by the President pursuant to section 1105
of title 31, United States Code.
(e) Closure of Account; Treatment of Remaining Funds.--
(1) Closure.--The Account shall be closed at the time and
in the manner provided for appropriation accounts under section
1555 of title 31, United States Code, except that unobligated
funds which remain in the Account upon closure shall be held by
the Secretary of the Treasury until transferred to the
Secretary of Veterans Affairs by law after the Committees on
Veterans' Affairs of the Senate and the House of
Representatives receive the final report transmitted under
paragraph (2).
(2) Final report.--No later than 60 days after the closure
of the Account under paragraph (1), the Secretary shall
transmit to the Committees on Veterans' Affairs of the Senate
and the House of Representatives and the Committees on
Appropriations of the House of Representatives and the Senate a
report containing an accounting of--
(A) all the funds credited to and expended from the
Account or otherwise expended under this title; and
(B) any funds remaining in the Account.
SEC. 107. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT.
(a) Disapproval Resolution.--For purposes of section 104(b), the
term ``joint resolution'' means only a joint resolution which is
introduced within the 5-day period beginning on the date on which the
President transmits the report to the Congress under section 103(d),
and--
(1) which does not have a preamble;
(2) the matter after the resolving clause of which is as
follows: ``that Congress disapproves the recommendations of the
VHA Asset and Infrastructure Review Commission as submitted by
the President on ___'', the blank space being filled with the
appropriate date; and
(3) the title of which is as follows: ``Joint resolution
disapproving the recommendations of the VHA Asset and
Infrastructure Review Commission.''.
(b) Consideration in the House of Representatives.--
(1) 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 within that
period, the committee shall be discharged from further
consideration of the joint resolution.
(2) 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.
(3) 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 two
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.
(c) Consideration in the Senate.--
(1) Referral.--A joint resolution introduced in the Senate
shall be referred to the Committee on Veterans' Affairs.
(2) 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
subsection (a). 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.
(3) Floor consideration.--
(A) 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 subsection (a) (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.
(B) 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.
(C) 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.
(D) 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.
(d) 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.
(e) Coordination With Action by Other House.--
(1) In general.--If, before passing the joint resolution,
one House receives from the other a joint resolution--
(A) the joint resolution of the other House shall
not be referred to a committee; and
(B) the procedure in the receiving House shall be
the same as if no joint resolution had been received
from the other House until the vote on passage, when
the joint resolution received from the other House
shall supplant the joint resolution of the receiving
House.
(2) 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.
(3) 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.
(f) Rules of the House of Representatives and Senate.--This section
is enacted by Congress--
(1) 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
(2) 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.
SEC. 108. OTHER MATTERS.
(a) Online Publication of Communications.--
(1) In general.--Not later than 24 hours after the
transmission or receipt of any communication under this title
that is transmitted or received by a party specified in
paragraph (2), the Secretary of Veterans Affairs shall publish
such communication online.
(2) Parties specified.--The parties specified under this
paragraph are the following:
(A) The Secretary of Veterans Affairs.
(B) The Commission.
(C) The President.
(b) Continuation of Existing Construction Projects and Planning.--
During activities that the Commission, President, or Congress carry out
under this title, the Secretary of Veterans Affairs may not stop,
solely because of such activities--
(1) a construction or leasing project of the Veterans
Health Administration;
(2) long term planning regarding infrastructure and assets
of the Veterans Health Administration; or
(3) budgetary processes for the Veterans Health
Administration.
(c) Recommendations for Future Asset Reviews.--The Secretary of
Veterans Affairs may, after consulting with veterans service
organizations, include in budget submissions the Secretary submits
after the termination of the Commission recommendations for future such
commissions or other capital asset realignment and management
processes.
SEC. 109. DEFINITIONS.
In this title:
(1) The term ``Account'' means the Department of Veterans
Affairs Asset and Infrastructure Review Account established by
section 106(a).
(2) The term ``Commission'' means the Commission
established by section 102.
(3) The term ``date of approval'', with respect to a
modernization or realignment of a facility of the Veterans
Health Administration, means the date on which the authority of
Congress to disapprove a recommendation of modernization or
realignment, as the case may be, of such facility under this
title expires.
(4) The term ``facility of the Veterans Health
Administration''--
(A) means any land, building, structure, or
infrastructure (including any medical center, nursing
home, domiciliary facility, outpatient clinic, center
that provides readjustment counseling, or leased
facility) that is--
(i) under the jurisdiction of the
Department of Veterans Affairs;
(ii) under the control of the Veterans
Health Administration; and
(iii) not under the control of the General
Services Administration; or
(B) with respect to a colocated facility of the
Department of Veterans Affairs, includes any land,
building, or structure--
(i) under the jurisdiction of the
Department of Veterans Affairs;
(ii) under the control of another
administration of the Department of Veterans
Affairs; and
(iii) not under the control of the General
Services Administration.
(5) The term ``infrastructure'' means improvements to land
other than buildings or structures.
(6) The term ``modernization'' includes--
(A) any action, including closure, required to
align the form and function of a facility of the
Veterans Health Administration to the provision of
modern day health care, including utilities and
environmental control systems;
(B) the construction, purchase, lease, or sharing
of a facility of the Veterans Health Administration;
and
(C) realignments, disposals, exchanges,
collaborations between the Department of Veterans
Affairs and other Federal entities, and strategic
collaborations between the Department and non-Federal
entities, including tribal organizations.
(7) The term ``realignment'', with respect to a facility of
the Veterans Health Administration, includes--
(A) any action that changes the numbers of or
relocates services, functions, and personnel positions;
(B) disposals or exchanges between the Department
of Veterans Affairs and other Federal entities,
including the Department of Defense; and
(C) strategic collaborations between the Department
of Veterans Affairs and non-Federal entities, including
tribal organizations.
(8) The term ``redevelopment authority'', in the case of a
facility of the Veterans Health Administration closed or
modernized under this title, means any entity (including an
entity established by a State or local government) recognized
by the Secretary of Veterans Affairs as the entity responsible
for developing the redevelopment plan with respect to the
facility or for directing the implementation of such plan.
(9) The term ``redevelopment plan'' in the case of a
facility of the Veterans Health Administration to be closed or
realigned under this title, means a plan that--
(A) is agreed to by the local redevelopment
authority with respect to the facility; and
(B) provides for the reuse or redevelopment of the
real property and personal property of the facility
that is available for such reuse and redevelopment as a
result of the closure or realignment of the facility.
(10) The term ``Secretary'' means the Secretary of Veterans
Affairs.
(11) The term ``tribal organization'' has the meaning given
such term in section 3765 of title 38, United States Code.
TITLE II--IMPROVEMENTS TO CONSTRUCTION MANAGEMENT AND LEASES
SEC. 201. MODIFICATION OF THRESHOLDS FOR MAJOR MEDICAL FACILITY
PROJECTS AND MAJOR MEDICAL FACILITY LEASES.
(a) Definitions.--Paragraph (3) of section 8104(a) of title 38,
United States Code, is amended to read as follows:
``(3) In this subsection:
``(A)(i) The term `major medical facility project' means--
``(I) a project for the construction, alteration,
or acquisition of a medical facility involving a total
expenditure of more than $20,000,000; or
``(II) the construction, alteration, or acquisition
of a shared medical facility (as defined in section
8111B(d) of this title) for which the estimated share
of the Department of Veterans Affairs for the costs of
such construction, alteration, or acquisition exceeds
$20,000,000.
``(ii) Such term does not include--
``(I) an acquisition by exchange;
``(II) nonrecurring maintenance projects of the
Department; or
``(III) the construction, alteration, or
acquisition of a shared medical facility for which the
estimated share of the Department of Veterans Affairs
for the costs of such construction, alteration, or
acquisition does not exceed $20,000,000.
``(B) The term `major medical facility lease' means--
``(i) a lease for space for use as a new medical
facility at an average annual rent that is equal to or
exceeds the amount specified in subsection (a)(2) of
section 3307 of title 40; or
``(ii) a lease for space for use as a shared
medical facility (as defined in section 8111B(d) of
this title) for which the estimated share of the
Department of Veterans Affairs for the costs of such
lease is equal to or exceeds the amount specified in
subsection (a)(2) of section 3307 of title 40.''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to major medical facility projects and major medical
facility leases authorized by law on or after the date of the enactment
of this Act.
SEC. 202. SUBMISSION OF PROSPECTUSES OF PROPOSED MINOR MEDICAL FACILITY
PROJECTS.
Section 8104(b) of title 38, United States Code, is amended, in the
matter preceding paragraph (1), by striking ``a major medical facility
project (as defined in subsection (a)(3)(A))'' and inserting the
following: ``a major medical facility project (as defined in subsection
(a)(3)(A)), a medical facility project that would be a major medical
facility project but for the total expenditure (or, with respect to a
shared medical facility, the estimated share of the Department of
Veterans Affairs) being an amount that is more than $10,000,000 and
less than $20,000,000,''.
SEC. 203. IMPROVEMENT TO TRAINING OF CONSTRUCTION PERSONNEL.
Subsection (g) of section 8103 of title 38, United States Code, is
amended to read as follows:
``(g)(1)(A) Not later than September 30 of the fiscal year
following the fiscal year during which this subsection is enacted, the
Secretary shall implement the covered training curriculum and the
covered certification program.
``(B) In designing and implementing the covered training curriculum
and the covered certification program under paragraph (1), the
Secretary shall use as models existing training curricula and
certification programs that have been established under chapter 87 of
title 10, United States Code, as determined relevant by the Secretary.
``(2) The Secretary may develop the training curriculum under
paragraph (1)(A) in a manner that provides such training in any
combination of--
``(A) training provided in person;
``(B) training provided over an internet website; or
``(C) training provided by another department or agency of
the Federal Government.
``(3) The Secretary may develop the certification program under
paragraph (1)(A) in a manner that uses--
``(A) one level of certification; or
``(B) more than one level of certification, as determined
appropriate by the Secretary with respect to the level of
certification for different grades of the General Schedule.
``(4) The Secretary may enter into a contract with an appropriate
entity to provide the covered training curriculum and the covered
certification program under paragraph (1)(A).
``(5)(A) Not later than September 30 of the second fiscal year
following the fiscal year during which this Act is enacted, the
Secretary shall ensure that the majority of employees subject to the
covered certification program achieve the certification or the
appropriate level of certification pursuant to paragraph (3), as the
case may be.
``(B) After carrying out subparagraph (A), the Secretary shall
ensure that each employee subject to the covered certification program
achieves the certification or the appropriate level of certification
pursuant to paragraph (3), as the case may be, as quickly as
practicable.
``(6) In this subsection:
``(A) The term `covered certification program' means, with
respect to employees of the Department of Veterans Affairs who
are members of occupational series relating to construction or
facilities management, or employees of the Department who award
or administer contracts for major construction, minor
construction, or nonrecurring maintenance, including as
contract specialists or contracting officers' representatives,
a program to certify knowledge and skills relating to
construction or facilities management and to ensure that such
employees maintain adequate expertise relating to industry
standards and best practices for the acquisition of design and
construction services.
``(B) The term `covered training curriculum' means, with
respect to employees specified in subparagraph (A), a training
curriculum relating to construction or facilities
management.''.
SEC. 204. AUTHORITY TO PLAN, DESIGN, CONSTRUCT, OR LEASE SHARED MEDICAL
FACILITIES.
(a) Authority.--
(1) In general.--Chapter 81 of title 38, United States
Code, is amended by inserting after section 8111A the following
new section:
``Sec. 8111B. Authority to plan, design, construct or lease a medical
facility shared with other departments or agencies
``(a) Authority.--Subject to sections 8103 and 8104 of this title,
the Secretary of Veterans Affairs may enter into agreements with the
heads of other departments or agencies of the Federal Government for
the planning, designing, constructing, or leasing of medical facilities
to be shared by the Department of Veterans Affairs and that department
or agency to improve the access to, and quality and cost effectiveness
of, the health care provided by the Veterans Health Administration and
that department or agency.
``(b) Transfers of Amounts From Department of Veterans Affairs.--
(1) With respect to a shared medical facility construction project for
which the estimated costs to the Department of Veterans Affairs do not
exceed the amount specified in section 8104(a)(3)(A) of this title, the
Secretary of Veterans Affairs may transfer to the partner agency
amounts appropriated in the Construction, Minor Projects account of the
Department for use for the planning, design, or construction of the
shared medical facility.
``(2) With respect to a shared medical facility construction
project for which the estimated costs to the Department of Veterans
Affairs exceed the amount specified in section 8104(a)(3)(A) of this
title, the Secretary of Veterans Affairs may transfer to the partner
agency amounts appropriated in the Construction, Major Projects account
of the Department for use for the planning, design, or construction of
the shared medical facility.
``(3) With respect to a shared medical facility lease project for
which the estimated costs of the lease to the Department of Veterans
Affairs do not exceed the amount specified in section 8104(a)(3)(B) of
this title, the Secretary of Veterans Affairs may transfer to the
partner agency amounts appropriated in the applicable medical
appropriation account of the Department for such lease.
``(c) Transfers of Amounts to Department of Veterans Affairs.--(1)
With respect to a shared medical facility construction project for
which the estimated costs to the Department of Veterans Affairs do not
exceed the amount specified in section 8104(a)(3)(A) of this title, any
amounts transferred by the partner agency to the Secretary of Veterans
Affairs may be deposited in the Construction, Minor Projects account of
the Department for use for the planning, design, or construction of the
shared medical facility. Amounts so deposited shall be merged with and
available for the same purposes, and for the same period, as such
account.
``(2) With respect to a shared medical facility construction
project for which the estimated costs to the Department of Veterans
Affairs exceed the amount specified in section 8104(a)(3)(A) of this
title, any amounts transferred by the partner agency to the Secretary
of Veterans Affairs may be deposited in the Construction, Major
Projects account of the Department for use for the planning, design, or
construction of the shared medical facility. Amounts so deposited shall
be merged with and available for the same purposes, and for the same
period, as such account.
``(3) With respect to a shared medical facility lease project, any
amounts transferred by the partner agency to the Secretary of Veterans
Affairs may be deposited in the applicable medical appropriation
account of the Department for such lease. Amounts so deposited shall be
available without fiscal year limitation.
``(d) Definitions.--In this section:
``(1) The term `partner agency' means a department or
agency of the Federal Government that has entered into an
agreement with the Secretary of Veterans Affairs under
subsection (a).
``(2) The term `shared medical facility' means a medical
facility shared by the Department of Veterans Affairs and a
partner agency pursuant to an agreement entered into under
subsection (a).
``(3) The term `shared medical facility construction
project' means the planning, designing, or constructing of a
shared medical facility pursuant to an agreement entered into
under subsection (a).
``(4) The term `shared medical facility lease project'
means the leasing of a shared medical facility pursuant to an
agreement entered into under subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 8111A the following new item:
``8111B. Authority to plan, design, construct, or lease a medical
facility shared with other departments or
agencies.''.
(b) Definition of Medical Facility.--Paragraph (3) of section 8101
of title 38, United States Code, is amended to read as follows:
``(3) The term `medical facility' means any facility or part
thereof which is, or will be, under the jurisdiction of the Secretary,
including with respect to a shared medical facility (as defined in
section 8111B(d) of this title), for the provision of health-care
services (including hospital, outpatient clinic, extended care
services, nursing home, or domiciliary care or medical services),
including any necessary building and auxiliary structure, garage,
parking facility, mechanical equipment, trackage facilities leading
thereto, abutting sidewalks, accommodations for attending personnel,
and recreation facilities associated therewith.''.
SEC. 205. ENHANCED USE LEASE AUTHORITY.
(a) In General.--Section 8162(a)(2) of title 38, United States
Code, is amended--
(1) by striking ``only''; and
(2) by inserting ``, or if the lease will enhance the use
of the property,'' after ``housing''.
(b) Application.--The amendments made by subsection (a) shall apply
with respect to enhanced-use leases entered into on or after the date
of the enactment of this Act.
TITLE III--OTHER MATTERS
SEC. 301. EXCEPTION ON LIMITATION ON AWARDS AND BONUSES FOR
RECRUITMENT, RELOCATION, AND RETENTION.
Section 705(a) of the Veterans Access, Choice, and Accountability
Act of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended, in the
matter preceding paragraph (1), by inserting ``other than recruitment,
relocation, or retention incentives,'' after ``title 38, United States
Code,''.
SEC. 302. APPROPRIATION OF AMOUNTS.
(a) Veterans Choice Program.--There is authorized to be
appropriated, and is appropriated, to the Secretary of Veterans
Affairs, out of any funds in the Treasury not otherwise appropriated,
$2,100,000,000 to be deposited in the Veterans Choice Fund under
section 802 of the Veterans Access, Choice, and Accountability Act of
2014 (Public Law 113-146; 38 U.S.C. 1701 note).
(b) Minor Construction and Nonrecurring Maintenance.--
(1) In general.--There is authorized to be appropriated,
and is appropriated, to the Secretary of Veterans Affairs, out
of any funds in the Treasury not otherwise appropriated,
$500,000,000 for ``Medical Facilities'' for minor construction
and nonrecurring maintenance projects, to be prioritized
according to their rankings in the strategic capital investment
planning process.
(2) Notification.--Not later than 30 days before obligating
amounts appropriated under paragraph (1), the Secretary shall
notify the Committees on Veterans' Affairs of the House of
Representatives and the Senate and the Committees on
Appropriations of the House of Representatives and the Senate
of the medical facilities and specifics of the projects for
which such amounts shall be obligated.
(c) Availability of Amounts.--The amounts appropriated under
subsections (a) and (b)(1) shall be available for obligation or
expenditure without fiscal year limitation.
SEC. 303. ASSESSMENT OF HEALTH CARE FURNISHED BY THE DEPARTMENT TO
VETERANS WHO LIVE IN THE TERRITORIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the Senate and the House of
Representatives a report regarding health care furnished by the
Department of Veterans Affairs to veterans who live in the territories.
(b) Elements.--The report under subsection (a) shall include
assessments of the following:
(1) The ability of the Department to furnish to veterans
who live in the territories the following:
(A) Hospital care.
(B) Medical services.
(C) Mental health services.
(D) Geriatric services.
(2) The feasibility of establishing a medical facility of
the Department in any territory that does not contain such a
facility.
(c) Definition.--In this section, the term ``territories'' means
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands.
Union Calendar No. 867
115th CONGRESS
2d Session
H. R. 4243
[Report No. 115-1036, Part I]
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A BILL
To establish a commission for the purpose of making recommendations
regarding the modernization or realignment of facilities of the
Veterans Health Administration, to improve construction and management
leases of the Department of Veterans Affairs, to amend and appropriate
funds for the Veterans Choice Program, and for other purposes.
_______________________________________________________________________
December 28, 2018
Committees on Rules and Appropriations discharged; committed to the
Committee of the Whole House on the State of the Union and ordered to
be printed