[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3089 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 3089

 To improve the construction and leasing of medical facilities of the 
        Department of Veterans Affairs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2019

Mr. Tester (for himself and Mr. Hawley) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To improve the construction and leasing of medical facilities 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 ``Build, Utilize, Invest, Lease, and 
Deliver for Veterans Act of 2019'' or the ``BUILD for Veterans Act of 
2019''.

SEC. 2. TREATMENT OF MAJOR MEDICAL FACILITY LEASES OF THE DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) Congressional Approval of Major Medical Facility Leases.--
            (1) In general.--Paragraph (2) of section 8104(a) of title 
        38, United States Code, is amended--
                    (A) by striking ``No funds'' and inserting ``(A) No 
                funds'';
                    (B) by striking ``or any major medical facility 
                lease'';
                    (C) by striking ``or lease''; and
                    (D) by adding at the end the following new 
                subparagraph:
    ``(B) No funds may be appropriated for any fiscal year (other than 
for advance planning and design) for any major medical facility lease 
unless the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives each 
adopt a resolution approving the lease.''.
            (2) Applicability.--The amendments made by paragraph (1) 
        shall apply with respect to a lease that has not been 
        specifically authorized by law on or before the date of the 
        enactment of this Act.
    (b) Modification of Definition of Major Medical Facility Lease.--
Paragraph (3)(B) of such section is amended to read as follows:
            ``(B) The term `major medical facility lease' means a lease 
        for space for use as a new medical facility at an average 
        annual rent equal to or greater than the dollar threshold for 
        leases procured through the General Services Administration 
        under section 3307(a)(2) of title 40, which shall be subject to 
        annual adjustment in accordance with section 3307(h) of such 
        title, but such term does not include a lease for space for use 
        as a shared Federal medical facility for which the Department's 
        estimated share of the lease costs does not exceed that dollar 
        threshold.''.

SEC. 3. MODIFICATIONS TO ENHANCED-USE LEASE AUTHORITY OF THE DEPARTMENT 
              OF VETERANS AFFAIRS.

    Section 8162(a)(2) of title 38, United States Code, is amended to 
read as follows:
    ``(2)(A) The Secretary may enter into an enhanced-use lease on or 
after the date of the enactment of the Build, Utilize, Invest, Lease, 
and Deliver for Veterans Act of 2019 only if the Secretary determines 
that--
            ``(i) the lease will not be inconsistent with and will not 
        adversely affect--
                    ``(I) the mission of the Department; or
                    ``(II) the operation of facilities, programs, and 
                services of the Department in the local area; and
            ``(ii)(I) the lease will enhance the use of the leased 
        property by directly or indirectly benefitting veterans; or
            ``(II) the leased property will provide supportive housing.
    ``(B) The Secretary shall give priority to enhanced used leases 
that, on the leased property--
            ``(i) provide supportive housing for veterans;
            ``(ii) provide direct services or benefits targeted to 
        veterans; or
            ``(iii) provide services or benefits that indirectly 
        support veterans.''.

SEC. 4. FACILITY PLANNING STAFF AT MEDICAL CENTERS OF THE DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) Staffing.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        ensure that each medical center of the Department of Veterans 
        Affairs has not fewer than one staff member whose sole job is--
                    (A) facility planning;
                    (B) long-range capital planning; and
                    (C) management of projects and capital assets 
                relating to the execution of major construction 
                projects, minor construction projects, major leases, 
                minor leases, non-recurring maintenance, and related 
                matters at the medical center and the catchment area 
                surrounding the medical center.
            (2) Treatment of states and territories without a medical 
        center.--In the case of a State or territory of the United 
        States in which the Department does not operate a full-service 
        medical center, the staff member required under paragraph (1) 
        shall be located at the largest medical facility of the 
        Department in that State or territory, and any reference in 
        this section to a medical center shall be deemed to be a 
        reference to that medical facility.
    (b) Long-Term Planning and Management.--An individual in a position 
described in subsection (a) at a medical center of the Department shall 
not be the same individual responsible for day to day maintenance and 
repairs at the medical center or other medical facilities of the 
Department in the catchment area surrounding the medical center.
    (c) Qualifications.--The Secretary shall ensure that an individual 
in a position described in subsection (a) has the appropriate 
professional certifications, educational background, and other 
qualifications to manage the duties of such position under this 
section.
    (d) Duties.--
            (1) In general.--An individual in a position described in 
        subsection (a) at a medical center of the Department shall have 
        the following duties:
                    (A) The development, monitoring, and implementation 
                of capital asset objectives for the catchment area 
                surrounding the medical center, including community-
                based outpatient clinics and other sites of care of the 
                Department in that area.
                    (B) The coordination of capital asset management 
                and planning with counterparts at other medical centers 
                of the Department in the region and facility planners 
                for the Veterans Integrated Service Network or Networks 
                in the region.
                    (C) Constantly monitoring the needs of veterans and 
                staff of the Department as it relates to medical space 
                and services at the medical center and the catchment 
                area surrounding the medical center to forward plan and 
                identify and submit plans to meet those needs.
                    (D) In order to formulate local and regional 
                capital improvement and asset management plans for 
                medical facilities of the Department, the collection, 
                not less frequently than once every two years, of--
                            (i) views and expectations of veterans in 
                        the catchment area surrounding the medical 
                        center who are users of health care provided by 
                        the Department with respect to--
                                    (I) preferences and needs of those 
                                veterans for the care received from 
                                medical facilities of the Department in 
                                that area; and
                                    (II) the need for improvements and 
                                enhancements to infrastructure of the 
                                Department; and
                            (ii) views of relevant medical staff of the 
                        Department at the medical center and in the 
                        catchment area surrounding the medical center 
                        regarding their preferences and needs for how 
                        to deliver health care to veterans and how 
                        those preferences impact the infrastructure 
                        needs of the Department.
                    (E) With respect to space, planning, and 
                infrastructure policies and directives of the 
                Department, including those issued by the central 
                office of the Department, the Veterans Health 
                Administration, the Office of Acquisition, Logistics, 
                and Construction, the Office of Management, the Office 
                of General Counsel, a Veterans Integrated Service 
                Network, and any other office of the Department with 
                significant responsibility over capital asset 
                management and planning--
                            (i) understanding and implementing locally 
                        those policies and directives; and
                            (ii) providing feedback regarding ways in 
                        which those policies and directives can be 
                        improved.
            (2) Collection of views and expectations.--
                    (A) In general.--Views and expectations may be 
                collected under paragraph (1)(D) through multiple 
                channels and the process used for such collection shall 
                ensure that the views and expectations collected 
                provide a representative sample of the population from 
                which such views and expectations are collected.
                    (B) Confidentiality.--Any information collected 
                under paragraph (1)(D) shall be collected in a manner 
                that provides an option for submission of views that 
                are anonymous and confidential.
                    (C) Inclusion of diverse viewpoints.--In collecting 
                views and expectations of veterans under paragraph 
                (1)(D)(i), an individual in a position described in 
                subsection (a) at a medical center of the Department 
                shall ensure that the viewpoints of a diverse 
                population of veterans being served by the medical 
                center are captured.
    (e) Development of Standard Process To Solicit Views on 
Effectiveness.--
            (1) In general.--The Secretary shall develop a standardized 
        process to solicit, not less frequently than once every two 
        years, feedback from medical centers and Veterans Integrated 
        Service Networks of the Department regarding the effectiveness 
        of and ways to improve the infrastructure and asset management 
        investment processes and guidance of the central office of the 
        Department and Veterans Integrated Service Networks.
            (2) Confidentiality.--Any information collected under 
        paragraph (1) shall be collected in a manner that provides an 
        option for submission of views that are anonymous and 
        confidential.

SEC. 5. REVIEW OF CLIMATE RESILIENCE OF FACILITIES OF THE DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) In General.--The Secretary of Veterans Affairs shall conduct a 
comprehensive review of the climate resilience of facilities under the 
authority and jurisdiction of the Secretary.
    (b) Elements.--
            (1) In general.--The review conducted under subsection (a) 
        shall--
                    (A) provide a comprehensive assessment of existing 
                facilities that may be at risk due to changes in the 
                climate, including potential vulnerabilities related 
                to--
                            (i) proximity to a body of water;
                            (ii) proximity to an area prone to 
                        flooding;
                            (iii) proximity to an area prone to wild 
                        fire;
                            (iv) proximity to an area prone to 
                        tornadoes, hurricanes, or other storms; and
                            (v) such other matters as the Secretary 
                        considers appropriate after consulting with the 
                        United States Global Change Research Program on 
                        the best available observations and forward-
                        looking climate projections by region, 
                        including sea level rise data;
                    (B) include a description of strategies to improve 
                the climate resilience of existing facilities at risk 
                due to changes in the climate, including potential 
                modifications to facility operations and maintenance 
                practices, and the cost of such strategies;
                    (C) include an analysis of the design standards and 
                building codes used by the Department to site, plan, 
                build, lease, and renovate facilities and whether those 
                design standards and building codes reflect both 
                observed and forward-looking climate information;
                    (D) use, in consultation with the United States 
                Global Change Research Program, forward-looking climate 
                information and other projections to anticipate 
                changing environmental conditions during the design 
                life of existing or planned facilities and 
                infrastructure; and
                    (E) include recommendations for best practices for 
                future placement, planning, renovation, and 
                construction of facilities of the Department so as to 
                avoid or mitigate the challenges resulting from placing 
                a facility in an area at risk of being vulnerable to 
                harm from the impacts of changing environmental 
                conditions.
            (2) Sources of information and projections.--Sources of 
        information and projections used under paragraph (1)(D) may 
        include the Bureau of the Census (for population projections), 
        the National Academies of Sciences, Engineering, and Medicine 
        (for land use change projections and climate projections), the 
        United States Geological Survey (for land use change 
        projections), the United States Global Change Research Program 
        and the National Climate Assessment (for climate observations 
        and projections), and such other sources as the Secretary 
        considers reliable in consultation with the United States 
        Global Change Research Program.
    (c) Report.--
            (1) In general.--Not later than two years after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress a report detailing the 
        results of the review conducted under subsection (a) and the 
        actions the Secretary will take in response to the findings of 
        such review.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) Recommendations for legislative and 
                administrative action to mitigate and respond to the 
                findings contained in such review.
                    (B) A description of action to be taken by the 
                Secretary to improve the climate resilience of existing 
                facilities of the Department of Veterans Affairs.
                    (C) A description of changes in policy, directives, 
                and procedures of the Department to mitigate, plan for, 
                and improve resilience of future constructed facilities 
                of the Department.
                    (D) The estimated cost to implement the changes 
                described in the report.
                    (E) The estimate timeline to implement the changes 
                described in the report.
                    (F) Such other matters, recommendations, or 
                requests as the Secretary considers appropriate.
    (d) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Appropriations and the 
                Committee on Veterans' Affairs of the Senate; and
                    (B) the Committee on Appropriations and the 
                Committee on Veterans' Affairs of the House of 
                Representatives.
            (2) Climate resilience.--The term ``climate resilience'' 
        means--
                    (A) anticipating, preparing for, and adapting to 
                changing environmental conditions such as variations in 
                average weather conditions that persist over multiple 
                decades or longer that encompass increases and 
                decreases in temperature, shifts in precipitation, and 
                changing risk of certain types of severe weather 
                events; and
                    (B) the ability to withstand, respond to, and 
                recover rapidly from disruptions while ensuring the 
                sustainment of mission-critical operations.

SEC. 6. REVIEW OF INFRASTRUCTURE NEEDS FOR DEPLOYMENT OF THE ELECTRONIC 
              HEALTH RECORD MODERNIZATION INITIATIVE OF THE DEPARTMENT 
              OF VETERANS AFFAIRS.

    (a) In General.--The Secretary of Veterans Affairs shall conduct a 
review of the physical space needs of each facility of the Department 
of Veterans Affairs as it relates to the deployment of the Electronic 
Health Record Modernization initiative of the Department.
    (b) Elements.--The review conducted under subsection (a) shall 
include an assessment of the amount and type of space, by facility, 
that needs to be renovated, modified, or constructed to accommodate any 
new or existing information technology or other infrastructure needed 
for the effective deployment of the new electronic health record of the 
Department.
    (c) Report.--
            (1) In general.--Not later than 275 days after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        appropriate committees of Congress a report--
                    (A) summarizing the findings of the review 
                conducted under subsection (a);
                    (B) detailing any legislative or administrative 
                action needed to carry out any projects recommended in 
                the review;
                    (C) containing a timeline to complete any such 
                projects;
                    (D) containing the cost and location of any such 
                projects; and
                    (E) containing such recommendations, information, 
                or requests as the Secretary considers appropriate.
            (2) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Appropriations and the 
                Committee on Veterans' Affairs of the Senate; and
                    (B) the Committee on Appropriations and the 
                Committee on Veterans' Affairs of the House of 
                Representatives.
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