,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #gceb ,,in ,,the ,,house ,,of ,,representatives ,december #ai1 #bjah,mr4 ,shuster introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,veterans' ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to direct the ,administrator of ,general ,services to carry out a pilot program under which the ,administrator shall enter into agreements for the construction1 renovation1 improvement1 and lease of facilities in order to address the deferred capital backlog of the ,department of ,veterans ,affairs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,performance-,based ,building ,act of #bjah4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the deferred maintenance backlog for ,department of ,veterans ,affairs facilities 7including hospitals1 clinics1 housing1 and offices7 is not sustainable4 7#b7 ,there are insufficient discretionary funds available to meet the critical capital requirements of the ,department in support of its mission4 7#c7 ,alternative authorities for the construction and improvement of capital facilities have proven successful1 particularly with respect to military housing4 #c4 ,pilot program 7a7 ,in general ,the ,administrator of ,general ,services1 in coordination with the ,secretary of ,veterans ,affairs1 shall carry out a pilot program using authorities of the ,administrator pursuant to title #dj1 ,united ,states ,code1 under which the ,administrator may enter into agreements with appropriate non-,government entities pursuant to which-- 7#a7 the non-,government entity will acquire through ground-lease1 finance1 and execute improvements or renovations to a ,department of ,veterans ,affairs facility identified under subsection 7b7 or construct a new facility to address a shortage of capacity identified under such subsection2 7#b7 the ,administrator will leaseback the facility from the non-,government entity for use by the ,department2 and 7#c7 the facility shall be operated and maintained by the non-,government entity subject to a performance-based management and operations agreement entered into between the entity and the ,administrator4 7b7 ,identification of facilities 7#a7 ,comprehensive evaluation of ,department of ,veterans ,affairs property 7,a7 ,review of the ,department ,for purposes of carrying out the pilot program1 not later than #ahj days from enactment of this ,act1 the ,secretary shall provide to the ,administrator of ,general ,services a report identifying potential sites based on a comprehensive evaluation of ,department of ,veterans ,affairs real property to determine conditions1 continued connectivity1 and relevance to the broader mission of the ,department4 ,the ,secretary shall take into consideration such sites where the condition of facilities is negatively impacting the ability of the ,department of ,veterans ,affairs to fulfill its mission4 7,b7 ,evaluation by the ,administrator ,the ,administrator of ,general ,services shall review the recommendations provided by the ,department pursuant to subparagraph 7,a7 and identify viable recapitalization opportunities1 consistent with other provisions of law4 7,c7 ,criteria ,in carrying out the evaluation under subparagraph 7,b71 the ,administrator shall implement criteria that-- 7i7 are used to evaluate ,federal assets2 7ii7 ensure the modernization or realignment of the capital facilities of the ,department2 and 7iii7 maximize the use of the capital of the ,department 7consistent with the ,federal ,assets ,sale and ,transfer ,act of #bjaf 7#dj ,u4,s4,c4 #acjc note774 7#b7 ,,gsa determination ,not later than one year after the date of the enactment of this ,act1 based on the results of the evaluation under paragraph 7#a71 the ,administrator of ,general ,services shall identify-- 7,a7 ,department facilities that require improvements or renovations and would be appropriate for an agreement under the pilot program2 and 7,b7 shortages of ,department capacity that could be addressed through the construction of a new facility under such an agreement4 7c7 ,number of projects ,the ,administrator shall enter into agreements with respect to no less than five and no more than ten facilities under the pilot program1 including-- 7#a7 agreements providing for the construction1 improvement1 or renovation of facilities2 and 7#b7 operating leases1 including enhanced use leases1 ground lease or lease back arrangements1 and leases that incorporate an option to purchase at less than fair market value4 7d7 ,reports 7#a7 ,project reports ,the ,administrator shall submit to ,congress a report on each facility that is improved1 renovated1 or constructed under an agreement under the pilot program4 7#b7 ,final report ,not later than #e years following the determination under subsection 7b77#b71 the ,administrator1 in consultation with the ,secretary1 shall submit to ,congress a final report on the effectiveness of the pilot program in providing for the improvement of the assets of the ,department of ,veterans ,affairs4 7e7 ,termination ,the authority to enter into an agreement under this ,act shall terminate on the date that is #e years after the date of the enactment of this ,act4 7f7 ,experts and consultants 7#a7 ,personnel ,in carrying out the pilot program the ,administrator and ,secretary shall identify and use ,general ,services ,administration and ,department personnel with knowledge and experience in complex real estate transactions4 7#b7 ,experts and contracted services ,the ,administrator shall1 to the extent practicable and subject to appropriations ,acts1 use contracts1 including non-appropriated contracts1 for real estate services necessary to carry out this section4 7g7 ,submission of prospectuses ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,environment and ,public ,works of the ,senate prospectuses1 in accordance with section #ccjg for each project identified under this ,act4 7h7 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,performance-based management and operations agreement ,the term performance-based management and operations agreement means an agreement that-- 7,a7 reflects an obligation by the non-,government entity to design1 build1 finance1 deliver1 operate and maintain an infrastructure asset2 7,b7 requires the non-,government entity to provide the ,department a single point of responsibility and obligation2 7,c7 stipulates all requirements of the ,department and contains the terms and conditions for annual performance-based availability payments in accordance with the non-,government entity meeting or exceeding those requirements2 and 7,d7 stipulates the terms and conditions for reductions of any and all availability payments to the non-,government entity for any given period the asset is unavailable to the ,government or otherwise not delivered1 operated1 or maintained in accordance with the requirements included in the agreement4 7#b7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,veterans ,affairs4 7#d7 ,department ,the term ,department means the ,department of ,veterans ,affairs4