[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4601 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4601
To improve the management and performance of the capital asset programs
of the Department of Veterans Affairs so as to better serve veterans,
their families, caregivers, and survivors, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2022
Mr. Tester introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To improve the management and performance of the capital asset programs
of the Department of Veterans Affairs so as to better serve veterans,
their families, caregivers, and survivors, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Build, Utilize,
Invest, Learn, and Deliver for Veterans Act of 2022'' or the ``BUILD
for Veterans Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CAPITAL ASSET MANAGEMENT
Sec. 101. Establishment of offices of capital asset personnel at
medical centers of Department of Veterans
Affairs.
Sec. 102. Development of performance metrics of capital asset
management by Department of Veterans
Affairs and monitoring for improvement.
Sec. 103. Expansion of membership of the Capital Asset Planning
Committee.
TITLE II--REPORTS
Sec. 201. Review of climate resilience of facilities, land, and other
relevant capital assets of the Department
of Veterans Affairs.
Sec. 202. Reports on capital asset planning, management, budgeting,
staffing, and performance of Department of
Veterans Affairs.
Sec. 203. Annual report on completion of disposal and reuse
requirements of Department of Veterans
Affairs.
Sec. 204. Report on improvements to medical staffing for new medical
facilities of the Department of Veterans
Affairs.
Sec. 205. Report on improvements to alignment of information technology
funding and activation of medical and other
space of the Department of Veterans
Affairs.
Sec. 206. Bimonthly report on key capital asset investments,
activities, and performance of the
Department of Veterans Affairs.
Sec. 207. Reports on projected need for funding for infrastructure and
capital assets of Department of Veterans
Affairs.
Sec. 208. Inspector General of the Department of Veterans Affairs
reports on Department infrastructure
projects.
Sec. 209. Comptroller General report on capital asset program
management and execution by Department of
Veterans Affairs.
Sec. 210. Reports on dental and long-term care physical infrastructure
needs of Department of Veterans Affairs.
Sec. 211. Report on feasibility and advisability of using a dedicated
budget account for maintenance of capital
assets of Department of Veterans Affairs.
Sec. 212. Report on women veterans retrofit initiative.
Sec. 213. Report on physical infrastructure needs of the research and
development facilities of Department of
Veterans Affairs.
Sec. 214. Review and report on provisions of law relating to Department
of Veterans Affairs construction and
facilities management.
SEC. 2. DEFINITIONS.
In this Act:
(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) Capital asset.--The term ``capital asset'' means the
physical infrastructure, land, buildings, and other related
items under the operation and control of the Department of
Veterans Affairs, including the information technology and
other support systems needed to ensure the physical space can
be used to deliver intended services and functions of the
Department.
TITLE I--CAPITAL ASSET MANAGEMENT
SEC. 101. ESTABLISHMENT OF OFFICES OF CAPITAL ASSET PERSONNEL AT
MEDICAL CENTERS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Offices of Capital Asset Personnel.--
(1) In general.--By not later than 18 months after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall ensure that each medical center of the Department of
Veterans Affairs has a dedicated office and sufficient staff to
conduct--
(A) facility planning;
(B) long-range capital planning;
(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 facilities of the
Department in the catchment area surrounding the
medical center;
(D) engineering, including matters relating to
seismic repairs and projects;
(E) maintenance and repair of existing
infrastructure;
(F) the collection of views of veterans and
employees of the Department to understand the capital
assets needs of the Department; and
(G) other relevant functions relating to capital
assets of the Department as determined by the
Secretary.
(2) Tasks.--To the greatest extent possible, the Secretary
shall ensure that each of the requirements under paragraph (1)
are held by a different individual or group of individuals so
as not to overburden a small number of individuals with such
requirements.
(3) Lead official.--The Secretary shall designate one
individual as the lead senior official responsible for
integration and coordination of, and accountability for, the
functions described in subparagraph (A) through (F) of
paragraph (1).
(4) Staffing model.--
(A) In general.--The Secretary shall maintain a
staffing model for the offices under paragraph (1) that
ensures a minimum base level of capital asset staffing.
(B) Update.--The Secretary shall update the
staffing model under subparagraph (A) regularly to
ensure it is effective in achieving the goals of this
section.
(5) 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 office 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) Qualifications.--The Secretary shall establish appropriate
professional certifications, educational background, and other
qualifications to be required of individuals employed at a position in
an office described in subsection (a) to manage the duties of such
position under this section.
(c) Duties.--
(1) In general.--The duties of an office described in
subsection (a) for a medical center of the Department shall
include the following:
(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) Effective delivery of capital asset projects.
(D) Maintenance and repair of existing
infrastructure.
(E) Constantly monitoring the needs of veterans and
employees of the Department as it relates to medical
space and services at the medical center and facilities
in the catchment area surrounding the medical center to
forward plan and identify and submit plans, through
processes of the Department, to meet those needs,
including by formulating local and regional capital
improvement and asset management plans for medical
facilities of the Department through the regular
collection of--
(i) views and expectations of veterans in
that area who are eligible users of health care
and related services 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 facilities
in that catchment area regarding their
preferences and needs for how to deliver health
care to veterans and how those preferences
impact the infrastructure needs of the
Department.
(F) Having an understanding of the capital asset
policies, procedures, and directives of the Department,
including those issued by the central office of the
Department, Veterans Integrated Service Networks, the
Veterans Health Administration, the Office of
Information and Technology, the Office of Management,
the Office of Acquisition, Logistics, and Construction,
the Office of General Counsel, or any successor
offices, and any other office of the Department with
significant responsibility over capital asset
management and planning.
(G) Implementing locally those policies,
procedures, and directives.
(H) Providing feedback regarding ways in which
those policies, procedures and directives can be
improved.
(I) Having an understanding of the importance for
collaboration and coordination among all relevant
offices of the Department, including the Office of
Acquisition, Logistics, and Construction, the Office of
Asset Enterprise Management, the Office of Information
and Technology, and other internal stakeholders as
required to achieve success in all phases of capital
asset management.
(2) Collection of views and expectations.--
(A) In general.--Views and expectations may be
collected under paragraph (1)(E) 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)(E) 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 and medical staff
under paragraph (1)(E), an office described in
subsection (a) for a medical center of the Department
shall ensure that the viewpoints of a diverse
population of veterans being served by the medical
center and medical staff of the medical center or in
the catchment area of the medical center are captured.
(d) Development of Standard Process To Solicit Views on
Effectiveness.--
(1) In general.--The Secretary shall develop a standardized
process to regularly solicit feedback from individuals and
entities described in paragraph (2) regarding the effectiveness
of and ways to improve--
(A) the infrastructure and asset management
investment processes and procedures of the central
office of the Department and Veterans Integrated
Service Networks of the Department; and
(B) the guidance of the central office and Veterans
Integrated Service Networks regarding such processes
and procedures to the medical centers, facilities in
the catchment area of those medical centers, and
Veterans Integrated Service Networks, as appropriate.
(2) Individuals and entities described.--The individuals
and entities described in this paragraph are the following:
(A) Each office described in subsection (a) for a
medical center of the Department.
(B) Medical staff of the Department at facilities
in the catchment area of the medical center.
(C) Veterans Integrated Service Networks.
(D) Staff of offices within the central office of
the Department, including the Office of Acquisition,
Logistics, and Construction, the Office of Asset
Enterprise Management, the Office of Information and
Technology, and the Office of Healthcare Environment
and Facilities Programs.
(3) 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.
(e) Use of Report Findings.--The Secretary shall use the results of
the report required under section 202 in establishing the offices
required under subsection (a) and carrying out any other requirements
of this section.
SEC. 102. DEVELOPMENT OF PERFORMANCE METRICS OF CAPITAL ASSET
MANAGEMENT BY DEPARTMENT OF VETERANS AFFAIRS AND
MONITORING FOR IMPROVEMENT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall--
(1) develop meaningful and measurable goals and metrics--
(A) to assess the performance of the capital asset
management programs of the Department of Veterans
Affairs to allow the Secretary to make sound decisions
regarding construction, leasing, acquisition,
maintenance, and disposal of capital assets; and
(B) that are in alignment with Department strategic
plans, budgets, and mission to serve veterans, their
families, and caregivers;
(2) develop an internal dashboard or other tool to monitor
progress towards meeting those goals;
(3) establish and implement internal governance processes
to direct necessary improvements to strengthen performance and
achievement of those goals; and
(4) submit to appropriate committees of Congress a report
on the development of those goals and metrics in paragraph (1)
and the implementation of the internal dashboard or other tool
under paragraph (2) and the internal governance process under
paragraph (3).
(b) Internal Dashboard.--The Secretary shall ensure that the
internal dashboard developed under subsection (a)(2) includes
meaningful and relevant goals with related metrics that--
(1) would evaluate capital asset management performance of
the Department and provide relevant information to guide
necessary improvements; and
(2) are developed consistent with recommendations set forth
by the Comptroller General of the United States.
(c) Consideration of Part Two of Strategic Plan to Improve VA's
Delivery and Management of Capital Asset.--In developing the internal
dashboard under subsection (a)(2), the Secretary shall consider the
findings in part two of the Strategic Plan to Improve VA's Delivery and
Management of Capital Asset required under section 202(a)(4).
SEC. 103. EXPANSION OF MEMBERSHIP OF THE CAPITAL ASSET PLANNING
COMMITTEE.
Not later than 180 days after the date of the enactment of this
Act, in order to facilitate Federal health infrastructure planning,
coordination, and investment, the Deputy Secretary of Veterans Affairs
and the Under Secretary of Defense for Personnel and Readiness shall
modify the membership of the Capital Asset Planning Committee
established as a subordinate entity of the Department of Veterans
Affairs-Department of Defense Joint Executive Committee established
under section 320 of title 38, United States Code, to include the
following:
(1) Not fewer than one officer or employee of the Indian
Health Service.
(2) Not fewer than one officer or employee of the
Department of Health and Human Services who is not an employee
of the Indian Health Service.
TITLE II--REPORTS
SEC. 201. REVIEW OF CLIMATE RESILIENCE OF FACILITIES, LAND, AND OTHER
RELEVANT CAPITAL ASSETS 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, land, and
other relevant capital assets 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, land, and other relevant capital assets
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, land,
and other relevant capital assets 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 of Veterans
Affairs to site, plan, build, lease, renovate, and
purchase land, facilities, infrastructure, and other
capital assets of the Department and whether those
design standards and building codes reflect both
observed and forward-looking climate information;
(D) include an analysis of the effect of climate
change on energy usage, energy sources, and utility
systems of the Department and the Department's
mitigation strategies;
(E) 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, land, and other
capital assets of the Department and make relevant
decisions and planning strategies based on this
information;
(F) after consulting with the United States Global
Change Research Program and other relevant Federal and
non-Federal entities, include recommendations for best
practices, standards, and solutions for future
placement, planning, renovation, leasing, purchase, and
construction of facilities and land 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; and
(G) assess how the Department can incorporate
climate resilience information into its processes and
procedures for capital asset investment decisions.
(2) Sources of information and projections.--Sources of
information and projections used under paragraph (1)(E) 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 one year 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 the review conducted under
subsection (a).
(B) A description of action to be taken by the
Secretary to improve the climate resilience of existing
facilities, land, infrastructure and other capital
assets under the jurisdiction or control of the
Department.
(C) A description of changes in policy, directives,
and procedures of the Department to mitigate, plan for,
and improve resilience of future constructed, leased,
or other facilities, land, and other relevant capital
assets under the jurisdiction or control of the
Department.
(D) A description of how the Department will
incorporate climate resilience information into its
processes and procedures for capital asset investment
decisions.
(E) A description of changes the Department will
make to ensure the facilities, land, and other relevant
capital assets of the Department are available to
furnish care and services under section 1785 of title
38, United States Code, during or following a disaster
or emergency.
(F) The estimated cost to implement the changes
described in the report.
(G) The estimate timeline to implement the changes
described in the report.
(H) Such other matters, recommendations, or
requests as the Secretary considers appropriate.
(3) Updates.--
(A) In general.--Not later than five years after
the date on which the Secretary submits the report
under paragraph (1) and not less frequently than once
every five years thereafter until the date that is 21
years after the date of the enactment of this Act, the
Secretary shall submit to the appropriate committees of
Congress an update of the report submitted under
paragraph (1).
(B) Contents.--Each update submitted under
subparagraph (A) shall describe the efforts of the
Department since the submittal of the latest report or
update, as the case may be, relating to matters covered
by the report and such other matters as the Secretary
considers appropriate.
(d) Climate Resilience Defined.--In this section, the term
``climate resilience'' means--
(1) 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
(2) the ability to withstand, respond to, and recover
rapidly from disruptions while ensuring the sustainment of
mission-critical operations.
SEC. 202. REPORTS ON CAPITAL ASSET PLANNING, MANAGEMENT, BUDGETING,
STAFFING, AND PERFORMANCE OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) Initial Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the appropriate committees of Congress a report
on the planning, management, budgeting, staffing, and
performance by the Department of Veterans Affairs relating to
capital assets. Such report shall be known as the ``Strategic
Plan to Improve VA's Delivery and Management of Capital
Assets'' (in this subsection referred to as the ``Report'').
(2) Structure.--The Report shall consist of not fewer than
two parts as set forth in this subsection.
(3) Part one.--
(A) In general.--Part one of the Report shall focus
on the human capital needs for the capital asset and
related areas workforce of the Department (in this
subsection referred to as ``Part One'').
(B) Elements.--Part One shall include the
following:
(i) A description of the steps being taken
by the Department, and the steps that the
Department plans to take during the 10-year
period following the date of the Report,
including a specific timeline, to ensure
sufficient capital asset personnel at the
local, regional, and central office levels of
the Department are available and prepared to--
(I) execute the current level of
capital asset work, including
maintenance, delivery of new
facilities, disposal, and reuse;
(II) handle future capital asset
work described in subclause (I) during
such 10-year period; and
(III) perform any other capital
asset activities as identified by the
Secretary.
(ii) A plan that addresses the needed
capital asset workforce of the Department by--
(I) identifying and describing the
staffing needs and status of such
workforce, including--
(aa) the number of
currently authorized positions;
(bb) the number of filled
positions of those positions
authorized;
(cc) the number of unfilled
positions of those positions
authorized, including reasons
why those positions are not
filled and steps the Department
is taking to fill those
positions;
(dd) the number of current
positions needed above the
level currently authorized; and
(ee) future needs,
including expected growth or
reduction, during the 10-year
period following the date of
the Report;
(II) providing the data under
subclause (I) at the Departmental
level, disaggregated by relevant
divisions of the Department and by--
(aa) data for the Veterans
Health Administration, broken
out by field, Veterans
Integrated Service Network, and
central office, including the
Office of Healthcare
Environment and Facilities
Programs;
(bb) data for the Office of
Acquisition, Logistics, and
Construction, broken out by
field, region, and central
office;
(cc) data for the National
Cemetery Administration, broken
out by field, region, and
central office;
(dd) data for the Veterans
Benefits Administration, broken
out by field, region, and
central office;
(ee) data for the Office of
Asset Enterprise Management;
(ff) data for the Office of
Information and Technology,
broken out by field, region,
and central office; and
(gg) data for all other
offices of the Department not
covered under items (aa)
through (ff) that have capital
asset staff or significant
capital asset responsibilities
at the field, regional, or
central office level; and
(III) including an estimate of the
funding required to accomplish filling
the unfilled and future positions
specified under subclause (I) during
the 10-year period following the date
of the Report.
(iii) A description of the efforts taken
and planned to be taken by the Department to
recruit, retain, and develop the existing and
future capital asset workforce of the
Department.
(iv) A description of any changes needed to
the qualifications, standards, position
descriptions and other related matters to
ensure the qualification standards of the
workforce--
(I) match the needs of the
Department; and
(II) align where appropriate with
relevant Federal Government and
industry standards and best practices.
(v) A description of how the Department
will coordinate the human capital efforts of
the Department across the Veterans Health
Administration, the Office of Acquisition,
Logistics, and Construction, the National
Cemetery Administration, the Veterans Benefits
Administration, the Office of Asset Enterprise
Management, and other entities of the
Department so as to leverage collective
efforts, reduce unnecessary duplication, and
identify opportunities for collaboration and
efficiency.
(vi) With respect to a Department-wide
succession plan for leadership and mission-
critical occupations in the capital asset
workforce of the Department--
(I) if such a plan is not already
developed, a timeline for the
development of such a plan; and
(II) if such a plan is already
developed, the current implementation
status of such plan.
(vii) An assessment of different regional
challenges in rural, suburban, and urban areas
to recruit and retain the necessary capital
asset workforce of the Department and steps to
be taken by the Department in response to such
challenges.
(viii) With respect to the report published
by the National Academies of Sciences,
Engineering, and Medicine on December 24, 2019,
entitled ``Facilities Staffing Requirement for
VHA-Resource Planning and Methodology for the
Future''--
(I) a plan and timeline to
implement all recommendations from the
report; and
(II) if the Secretary decides not
to implement a recommendation of the
report, a description of why such
decision was made.
(ix) A description of how the Department
will leverage contract support and partnerships
with other Federal agencies, nonprofits, and
other stakeholders to meet the short-, medium-,
and long-term human capital needs for
infrastructure to ensure that the Department
has the experience and workforce needed to
match the current and future projected
infrastructure workload of the Department.
(x) A description of any improvements to
training or curriculum of the Department that
are needed to enhance the education of the
capital asset employees of the Department to
ensure they are as proficient as possible in
their jobs.
(xi) A description of such legislative or
administrative action as the Secretary
considers necessary.
(xii) Such other matters as the Secretary
considers necessary.
(C) Staff covered by report.--Part One shall cover
all relevant staff required for the entire lifecycle of
facilities, land, and other relevant capital assets of
the Department, including the following:
(i) Individuals who keep facilities clean,
such as janitorial and housekeeping staff and
housekeeping aids.
(ii) Individuals who maintain facilities,
such as through repairs and preventative
maintenance.
(iii) Groundskeepers.
(iv) Planners, engineers, and architects.
(v) Project managers.
(vi) Individuals with expertise in real
estate, acquisition, leasing, and easements.
(vii) Energy or utility experts, including
experts with respect to energy efficiency and
renewable energy.
(viii) Individuals who work in--
(I) capital asset management;
(II) healthcare engineering;
(III) environmental management; or
(IV) occupational safety and
health.
(ix) Individuals who conduct contracting,
including contracting officers, related to
capital assets locally, regionally, or
nationally for all various types of
construction or infrastructure work, such as
minor construction, major construction, non-
recurring maintenance, minor leases, and major
leases.
(x) Individuals knowledgeable in relevant
rules and procedures related to property
disposal or transfer, environmental
remediation, historic preservation, and other
similar topics.
(xi) Any other position that has a critical
role in the planning, contracting, delivery,
maintenance, upkeep, and disposal of capital
assets.
(xii) Any other positions the Secretary
determines relevant.
(4) Part two.--
(A) In general.--Part two of the Report shall cover
the methods undertaken by the Department to accomplish
changes to improve the planning, execution, and
delivery of capital asset projects of the Department,
such as maintenance, renovations, land acquisition, or
new construction or leasing, including through better
planning, project management, cost, and schedule
performance (in this subsection referred to as ``Part
Two'').
(B) Elements.--Part Two shall include the
following:
(i) A timeline for accomplishing the
changes described in subparagraph (A).
(ii) A description of the steps the
Department is taking or will take to shorten
the time it takes from project concept to
completion while controlling costs and budget,
meeting schedule, and achieving established
goals.
(iii) A description of what new or modified
contracting or other services, arrangements,
strategies, contract vehicles or mechanisms,
innovations, pilots, and partnerships the
Department is planning to use during the five-
year period following the date of the Report,
including--
(I) a timeline of how and when the
Department will test and implement
those approaches; and
(II) a description of any
limitations under current law
(including regulations) that would
prevent or are preventing the
Department from using innovative
contracting vehicles, services,
arrangements, administrative action, or
other agreements and strategies and
what legislative changes are needed to
facilitate use of those approaches,
including a description of whether each
limitation is a limitation for all
Federal agencies or only for the
Department.
(iv) A description of the costs incurred or
added to meet Federal or Department standards,
including those for resiliency that are needed
and greater or more stringent than private
industry standards.
(v) A description of the steps the
Department has taken or plans to take to
improve capital project delivery by
standardizing facility design, modularizing
facilities components, and taking other steps
to accelerate project delivery while
maintaining flexibility, agility, and quality,
including a timeline for the completion of such
steps.
(vi) A description of steps the Department
is taking to make all of its relevant capital
assets energy efficient and climate resilient.
(vii) The steps the Secretary will take to
ensure the Office of Information and Technology
and the Office of Acquisition, Logistics, and
Construction of the Department, or similar
successor offices, are integrated into all
relevant aspects of the capital asset planning
and implementation process of the Department,
including at the earliest stage of every
capital asset project in the field so as to
improve communication, coordination, and
project scope, cost, and schedule.
(viii) A description of any other actions
the Department is taking or will take to
improve its delivery and management of capital
assets.
(ix) A description of such legislative or
administrative action as the Secretary
considers necessary to more effectively manage
and deliver needed capital assets of the
Department.
(x) Such other matters as the Secretary
considers necessary.
(b) Subsequent Reports.--Not later than three years after the date
on which the initial report required by subsection (a) is submitted,
and once every three years thereafter for a period of six years, the
Secretary shall submit to the appropriate committees of Congress a
report including--
(1) a description of any changes with respect to the
matters described in paragraphs (3) and (4) of subsection (a)
since the previous report was submitted;
(2) an explanation of plans under the previous report
compared to actions taken since that report was submitted; and
(3) a discussion of the results and performance of the
Department since the previous report including in cost savings,
faster facility delivery, or reduction in the number of
unaddressed priority capital asset improvements.
SEC. 203. ANNUAL REPORT ON COMPLETION OF DISPOSAL AND REUSE
REQUIREMENTS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Initial Report.--
(1) In general.--The Secretary of Veterans Affairs shall
include with the budget justification materials that are
submitted to Congress in support of the Department of Veterans
Affairs budget for the first fiscal year beginning after the
date of the enactment of this Act (as submitted with the budget
of the President for such fiscal year under section 1105(a) of
title 31, United States Code) a report containing a specific
timeline to accomplish the actions required of the Secretary
included in the disposal and reuse reports included in the
annual budget of the Department of Veterans Affairs submitted
by the President under section 1105(a) of title 31, United
States Code, or similar future reports.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A description of a specific timeline and plan
to sell, reuse, dispose of, demolish, or otherwise
manage the property that the Secretary has identified
in the reports described in such subsection.
(B) A list of any impediments or challenges to
carrying out any action described in subparagraph (A),
including environmental remediation and preservation
mitigation and any assistance need for executive or
legislative action to address those impediments or
challenges.
(C) A discussion of whether disposal and reuse
actions do not get completed or initiated because they
most compete with urgent direct health care or other
more time-sensitive infrastructure needs of the
Department.
(D) A detailed cost estimate of the funding,
including funding type, needed to accomplish all of the
actions described in paragraph (1), including the
number of fiscal years for which such funding is
needed.
(E) A discussion of whether the Department would
benefit from having a distinct and separate account
within the budget of the Department dedicated to the
management of the disposal of these assets.
(F) Such other matters as the Secretary considers
appropriate.
(b) Subsequent Reports.--
(1) In general.--For the first fiscal year after the fiscal
year referred to in subsection (a)(1) and each fiscal year
thereafter, the Secretary shall include with the budget
justification materials that are submitted to Congress in
support of the Department budget for that first fiscal (as
submitted with the budget of the President for such fiscal year
under section 1105(a) of title 31, United States Code) a report
on actions described in such subsection.
(2) Contents.--Each report required by paragraph (1) shall
include the following:
(A) An update to the most recent report under
subsection (a) or this subsection, as applicable, with
respect to each of subparagraphs (A) through (F) of
paragraph (2) of such subsection.
(B) Information on how many disposal and reuse
actions from the previous year's report were
accomplished or not accomplished.
(C) Information about what may have inhibited the
accomplishment of those actions described in
subparagraph (B) that were not accomplished.
(D) A description of best practices or lessons
learned with respect to actions described in subsection
(a)(1).
SEC. 204. REPORT ON IMPROVEMENTS TO MEDICAL STAFFING FOR NEW MEDICAL
FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(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 appropriate committees of Congress a report on planned actions
to improve the alignment of staffing of new or expanded medical
facilities of the Department of Veterans Affairs.
(b) Elements.--The report required by subsection (a) shall--
(1) describe the current process for how and when in the
construction, leasing, and other relevant capital improvement
process staff are hired to fill expanded or new medical space
of the Department; and
(2) assess whether such process requires improvement to
ensure, to the greatest extent possible, that new medical space
and staffing levels for that space are in complete alignment
allowing for full medical staffing at the time of opening of
that space, including such legislative or administrative action
as the Secretary considers appropriate.
SEC. 205. REPORT ON IMPROVEMENTS TO ALIGNMENT OF INFORMATION TECHNOLOGY
FUNDING AND ACTIVATION OF MEDICAL AND OTHER SPACE OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(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 appropriate committees of Congress a report on any potential
improvements to the alignment of funding of the Department of Veterans
Affairs for information technology so as to facilitate more effective
and efficient activation of medical and other relevant space of the
Department.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of any current limitations on funding
mechanisms, including the timing and sequencing of information
technology and health care resources that are needed to
purchase, procure, and install information technology equipment
and related information technology assets and services needed
for the activation of medical and other relevant space of the
Department, whether leased, owned, or otherwise under the
jurisdiction of the Department.
(2) Any proposed solutions the Secretary may have to
address the limitations described in paragraph (1).
(3) Any legislative or administrative action required to
achieve the solutions described in paragraph (2).
(4) Such other matters as the Secretary considers
appropriate.
SEC. 206. BIMONTHLY REPORT ON KEY CAPITAL ASSET INVESTMENTS,
ACTIVITIES, AND PERFORMANCE OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Not later than the first March 31 occurring after
the date of the enactment of this Act and not less frequently than once
every other month thereafter until the eleventh March 31 occurring
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the appropriate committees of Congress a report
on completed and planned key capital asset investments of the
Department of Veterans Affairs.
(b) Elements.--
(1) In general.--Each report submitted under subsection (a)
shall include the following:
(A) A list of the major construction, minor
construction, non-recurring maintenance, major and
minor lease projects (including lease renewals,
extensions, standstill agreements, and interim leases)
and construction or infrastructure management support
contracts awarded since the last report submitted under
subsection (a) (or in the case of the first report
submitted under such subsection, in the last 90 days).
(B) For each contract award listed pursuant to
subparagraph (A), the following:
(i) The contract amount.
(ii) A description of the project for which
the contract was awarded.
(iii) The location of the project for which
the project was awarded.
(iv) An indication of whether the amount of
the contract award, including relevant
increment awards, was more than 10 percent
greater than the estimated cost of the project,
or project increment, or 180 days later than
the planned schedule for the project or project
increment, the reason for such overages and
delays, and actions being taken to address the
overages and delays.
(C) A list of major construction, minor
construction, non-recurring maintenance, major and
minor lease projects (including lease renewals,
extensions, standstill agreements, and interim leases)
and construction or infrastructure management support
contracts the Secretary plans to initiate or award.
(D) For each contract award listed pursuant to
subparagraph (C), the following:
(i) The general month or quarter of
expected award.
(ii) Whether the planned action is off- or
on-track as it relates to schedule and cost and
if off-track, an explanation of why and a
description of the corrective actions being
taken.
(E) Such observations of best practices,
impediments, and accomplishments as the Secretary may
find that relate to the capital asset management and
performance of the Department, including such needs for
legislative or administrative action as the Secretary
considers appropriate with respect to such practices,
impediments, and accomplishments.
(F) Meaningful metrics that show the progress of
the Department toward meeting relevant goals of the
Department relating to capital asset management.
(G) Steps the Department is taking in individual
projects that are behind schedule or otherwise
underperforming and steps the Department is taking to
improve overall capital asset management.
(H) Such other matters as the Secretary considers
appropriate.
(2) Metrics.--Beginning not later than two years after the
date of the enactment of this Act, the metrics described in
subsection (b)(1)(F) shall include the metrics developed under
section 102(a).
(c) Matters Relating to Reporting Schedules.--In each report under
subsection (a), when reporting on schedule for completion, the
Secretary shall distinguish between the date an award was to occur, the
date a construction action was to be completed (meaning the space is
ready for use), and the date veteran patients or other users, including
employees of the Department, are scheduled to begin using the new
facility or capital asset.
(d) Matters Relating to Reporting Costs.--In each report under
subsection (a), when reporting on costs for capital asset projects of
the Department, the Secretary may include information regarding Federal
requirements that may drive cost increases to projects that may not
exist in the non-Federal construction sector.
SEC. 207. REPORTS ON PROJECTED NEED FOR FUNDING FOR INFRASTRUCTURE AND
CAPITAL ASSETS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Initial Report.--Not later than May 31, 2023, the Secretary of
Veterans Affairs shall submit to the appropriate committees of Congress
a report summarizing the projected amount of funding for infrastructure
and capital assets that the Department of Veterans Affairs will need
for the 10 fiscal years that begin immediately following such date.
(b) Subsequent Reports.--The Secretary shall include in the annual
budget of the Department submitted by the President under section
1105(a) of title 31, United States Code, for fiscal year 2025 and each
fiscal year thereafter a report described in subsection (a) relating to
the 10 fiscal years that begin immediately following the date on which
such budget is submitted.
(c) Elements.--Each report required by this section shall include,
for each fiscal year covered by the report and for the entire period
covered by the report, the following:
(1) The funding needs of the Department disaggregated by
funding purpose, including the following:
(A) Land acquisition.
(B) Operations and maintenance of facilities of the
existing capital asset portfolio of the Department to
include the minimum level of funding below which
facilities could not be appropriately maintained.
(C) Operations and maintenance of the planned
future capital asset portfolio of the Department.
(D) New construction, by type, including major
construction, minor construction, and nonrecurring
maintenance.
(E) Major and minor leasing.
(F) Activation of space.
(G) Disposal, reuse, and remediation.
(H) Staffing to support the planning, delivery,
management, and maintenance of the Department's current
and future capital asset portfolio.
(I) Such other categories as the Secretary deems
relevant.
(2) The funding needs under paragraph (1) disaggregated by
component of the Department and type of capital asset
investment.
(3) A description of the cost increases which may or have
been incurred because of the delay in adequate funding and
forward movement on capital asset projects. Such description
may include a discussion of the negative effect of the lack of
stable and predictable funding on the ability of the Department
to plan, staff, and execute effective capital asset management.
(4) Such other matters as the Secretary considers
appropriate, include matters relating to necessary legislative
or administrative action.
SEC. 208. INSPECTOR GENERAL OF THE DEPARTMENT OF VETERANS AFFAIRS
REPORTS ON DEPARTMENT INFRASTRUCTURE PROJECTS.
(a) In General.--Not later than three years after the date of the
enactment of this Act, and at least twice during the ten-year period
beginning on the date that is three years after the date of the
enactment of this Act, the Inspector General of the Department of
Veterans Affairs shall submit to the appropriate committees of Congress
a report examining the management and performance of relevant capital
asset projects of the Department that were initiated after the date of
the enactment of this Act.
(b) Sample Projects.--The Inspector General shall select meaningful
and representative samples of categories of projects for review, such
as major construction, minor construction, nonrecurring maintenance,
major and minor leases, land acquisition, and disposals.
(c) Elements.--Each report submitted under subsection (a) may
include, at the discretion of the Inspector General, the following:
(1) A comparison of planned versus actual cost, schedule,
and scope metrics.
(2) Improvements or lack thereof to project management at
the local, regional, or national levels.
(3) Observations on key characteristics inhibiting
successful delivery of projects or allowing for successful
delivery of projects.
(4) An identification of areas of waste, fraud, and abuse,
if any.
(5) Such other matters as the Inspector General considers
appropriate.
SEC. 209. COMPTROLLER GENERAL REPORT ON CAPITAL ASSET PROGRAM
MANAGEMENT AND EXECUTION BY DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Not later than three years after the date of the
enactment of this Act and not less frequently than once every three
years thereafter until the date that is 12 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate committees of Congress a report
reviewing the progress of the Department of Veterans Affairs toward
meeting the goals, metrics, and other plans of the Department under
this Act, including under sections 101, 102, and 202.
(b) Elements.--Each report required by subsection (a) may include
the following:
(1) A review of the performance of the Department related
to planning, oversight, management of human capital,
contracting, and execution of capital asset projects.
(2) A review of how the Department is complying with the
requirements of this Act.
(3) Such other topics as the Comptroller General considers
appropriate.
SEC. 210. REPORTS ON DENTAL AND LONG-TERM CARE PHYSICAL INFRASTRUCTURE
NEEDS OF DEPARTMENT OF VETERANS AFFAIRS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall submit to the appropriate
committees of Congress--
(1) a report, disaggregated by medical center or other
relevant health care facility of the Department of Veterans
Affairs, on--
(A) the physical infrastructure needed (new
facilities, renovations, remodels, leases, etc.) to
provide dental services to veterans eligible for such
services under the laws administered by the Secretary;
and
(B) additional physical infrastructure needed to
respond to the need for additional capacity to provide
dental services if eligibility standards are modified
to make a greater number of veterans eligible for such
services; and
(2) a report identifying the physical infrastructure needs
of the Department to support current and future anticipated
long-term care needs and models of care for veterans,
including--
(A) infrastructure needed to support the delivery
of long-term care for women veterans, veterans with
traumatic brain injury, veterans with memory loss, and
other population groups with unique needs; and
(B) information regarding the plans of the
Department to provide such care as it is building
capacity but space is not yet available to meet the
demand for such care.
SEC. 211. REPORT ON FEASIBILITY AND ADVISABILITY OF USING A DEDICATED
BUDGET ACCOUNT FOR MAINTENANCE OF CAPITAL ASSETS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the appropriate committees of Congress a report on the feasibility
and advisability of having a dedicated budget account from which the
Department of Veterans Affairs would draw funds to pay for maintenance,
preventative maintenance, and repair of the capital assets of the
Department.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) The best practices in the Federal Government and
private industry relating to planning and budgeting for capital
asset maintenance.
(2) Relevant formulas and percentages that organizations
use to set aside resources in advance to pay for needed and
expected maintenance costs based on the size, need, and other
requirements of the organization.
SEC. 212. REPORT ON WOMEN VETERANS RETROFIT INITIATIVE.
Section 5102 of the Deborah Sampson Act of 2020 (title V of Public
Law 116-315; 38 U.S.C. 8110 note) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Report.--Not later than one year after the date of the
enactment of the Build, Utilize, Invest, Learn, and Deliver for
Veterans Act of 2022, and annually thereafter for 10 years, the
Secretary shall submit to Congress, the Committee on Veterans' Affairs
of the Senate, and the Committee on Veterans' Affairs of the House of
Representatives a report containing--
``(1) an identification of the funding provided to the
Department for retrofitting prioritized under subsection (a)
for the fiscal year preceding the fiscal year in which the
report is submitted;
``(2) a list of projects conducted with such funding,
including--
``(A) amounts obligated for each such project;
``(B) the locations of each such project;
``(C) a short description of each such project; and
``(D) the status of each such project; and
``(3) a list of projects for retrofitting prioritized under
subsection (a) that remain unfunded and the estimated funding
required for those projects to be completed, on a project by
project basis.''.
SEC. 213. REPORT ON PHYSICAL INFRASTRUCTURE NEEDS OF THE RESEARCH AND
DEVELOPMENT FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the physical infrastructure needs of the
research and development facilities of the Department of Veterans
Affairs.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) Recommendations for new facilities, renovations of
existing facilities, leasing of facilities and any other such
facilities the Department is in need of or currently uses to
perform its research and development function.
(2) Detailed information on the information technology
resources the Department requires in order to make the research
and development facilities of the Department functional and
high performing in the short, medium, and long term, and those
needed to enable employees of the Department to perform their
research and development in an effective and efficient manner.
(c) Considerations.--In preparing the report required by subsection
(a), the Secretary may consider the following:
(1) The findings of the 2012 final report of the Research
Infrastructure Program of the Department.
(2) Current and updated data providing the most accurate
and holistic presentation of the physical infrastructure needs
of the research and development program of the Department,
including with respect to information technology.
SEC. 214. REVIEW AND REPORT ON PROVISIONS OF LAW RELATING TO DEPARTMENT
OF VETERANS AFFAIRS CONSTRUCTION AND FACILITIES
MANAGEMENT.
(a) Review.--The Secretary of Veterans Affairs shall review section
312A of title 38, United States Code, and determine whether the
provisions of such section, including the qualifications and
responsibilities of the Director of Construction and Facilities
Management set forth in subsections (b) an (c) of such section,
respectively, are meaningful, relevant, and reflect the current
operational needs, organization structure, and all other requirements
for the effective and efficient management of construction and
facilities management.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
regarding whether provisions of section 312A of title 38, United States
Code, or other provisions of such title relating to construction and
facilities management should be revised to align more closely with
current and future operational needs of the Department.
(c) Contents.--The report required by subsection (b) shall include
the following:
(1) An assessment of whether other offices,
administrations, or entities of the Department should be
directed to take over certain functions currently assigned to
Director of Construction and Facilities Management pursuant to
statute so as to match operational realties and needs, improve
efficiencies, streamline management and lines of authority and
responsibility, or other reasons that would be beneficial to
the capital asset management and planning and delivery of the
Department.
(2) An assessment of whether functions of other entities of
the Department should be assumed by the Director of
Construction and Facilities management to match operational
realities and needs, improve efficiencies, streamline
management and lines of authority and responsibility, or other
reasons that would be beneficial to the capital asset
management and planning and delivery of the Department.
(3) Identification of whether any new offices, structures,
or reporting structures should be created or modified in the
Department to improve operational effectiveness for capital
asset management.
(4) Specific reasons for the changes that are recommend in
the report or if no changes are necessary, a justification for
not making any changes.
(5) Identification of such legislative or administrative
action as the Secretary determines necessary to implement the
changes necessary to improve capital asset management at the
Department.
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