,,ii #aaith ,,congress #ast ,session ,s4 #bihh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #h1 #bjbe,mr4 ,moran introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to bolster upgrades and infrastructure for lasting development at the ,department of ,veterans ,affairs1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,veterans' ,infrastructure and ,transformation ,act of #bjbe or the ,,vital ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,modification of authority for sharing of health-care resources of ,department of ,veterans ,affairs to include flexible space utilization and streamlined service agreements4,sec4 #c4 ,use of commercial construction and facilities code and standards4,sec4 #d4 ,exchanges of real property via enhanced-use lease4,sec4 #e4 ,pilot program on authority of ,secretary of ,veterans ,affairs to enter into enhanced-use leases for noncash consideration4,sec4 #f4 ,feasibility studies for outleasing facilities of ,department of ,veterans ,affairs4,sec4 #g4 ,report on strategic plan for infrastructure and capital assets of ,department of ,veterans ,affairs4,sec4 #h4 ,contracting for construction project management services4,sec4 #i4 ,expansion and extension of pilot program on acceptance by the ,department of ,veterans ,affairs of donated facilities and related improvements4,sec4 #aj4 ,reforming requirements and authorities of ,director of ,construction and ,facilities ,management of ,department of ,veterans ,affairs4,sec4 #aa4 ,consolidation of construction and leasing activities of ,department of ,veterans ,affairs4,sec4 #ab4 ,consolidation of ,department of ,veterans ,affairs acquisition1 procurement1 and logistics4,sec4 #ac4 ,reports to ,congress4,sec4 #ad4 ,general limitation on obligations4 #b4 ,modification of authority for sharing of health-care resources of ,department of ,veterans ,affairs to include flexible space utilization and streamlined service agreements ,section #haec of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 in subparagraph 7,a71 by inserting physical before space2 7,b7 in subparagraph 7,b77i71 by inserting physical before space2 7,c7 by striking subparagraph 7,e72 7,d7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 7,e7 by inserting after subparagraph 7,b7 the following new subparagraph 7,c73 7,c7 ,if the health-care resource required is physical space or common services and is to be acquired from an institution affiliated with the ,department in accordance with section #gcjb of this title or another entity1 the ,secretary may make arrangements1 by contract1 resource-sharing agreement1 space-sharing agreement1 or other form of agreement1 for the acquisition of the space or service-- 7i7 without regard to any law or regulation 7including any ,executive order1 circular1 or other administrative policy7 that would otherwise require the use of competitive procedures for acquiring the resource2 and 7ii7 if all obligations are funded through available appropriations or borne by the institution or entity1 without regard to any limitations applicable to leases of the ,department4 2 7,f7 in subparagraph 7,d71 as redesignated by subparagraph 7,d7 of this paragraph1 by striking subparagraph 7,a7 or 7,b7 and inserting subparagraph 7,a71 7,b71 or 7,c72 and 7#b7 by adding at the end the following3 7h7 ,in this section3 7#a7 ,the term commercial service means a service that is offered and sold competitively in the commercial marketplace1 is performed under standard commercial terms and conditions1 and is procured using firm-fixed price contracts4 7#b7 ,the term common service means a commercial service necessary to maintain or operate physical space1 including maintenance1 heating1 ventilation1 air conditioning1 electricity1 energy1 water1 wastewater1 landscaping1 security1 laundry1 or any other service as determined by the ,secretary4 7#c7 ,the term physical space means one or more buildings1 a portion of a building1 or parking facilities4 4 #c4 ,use of commercial construction and facilities code and standards 7a7 ,in general ,the ,secretary of ,veterans ,affairs may use commercial codes and standards instead of or in addition to ,federal codes and standards in the construction or alteration of facilities of the ,department of ,veterans ,affairs4 7b7 ,pilot projects ,the ,secretary shall undertake not fewer than #c pilot projects during each of fiscal years #bjbg1 #bjbh1 #bjbi1 #bjcj1 and #bjca utilizing commercial codes and standards instead of ,federal codes and standards to lease or construct facilities of the ,department4 7c7 ,reports ,the ,secretary shall submit a report to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives not later than #ij days after the end of each of fiscal years #bjbg1 #bjbh1 #bjbi1 #bjcj1 and #bjca detailing the use by the ,secretary of the authority provided by subsection 7a7 and conduct of each pilot project required by subsection 7b7 that was initiated1 ongoing1 or completed during the fiscal year4 7d7 ,definitions ,in this section3 7#a7 ,the term commercial codes and standards means building codes or standards of the following3 7,a7 ,the ,national ,fire ,protection ,association4 7,b7 ,the ,international ,code ,council4 7,c7 ,the ,american ,society for ,testing and ,materials4 7,d7 ,the ,american ,society of ,civil ,engineers4 7,e7 ,the ,state or local jurisdiction in which the facility of the ,department for which the ,secretary is applying the authority in subsection 7a7 is located4 7#b7 ,the term ,federal codes and standards means the following3 7,a7 ,the ,technical ,information ,library of the ,department4 7,b7 ,the ,unified ,facilities ,criteria of the ,department of ,defense4 7,c7 ,building codes or standards of ,federal agencies other than the ,department4 #d4 ,exchanges of real property via enhanced-use lease ,section #hafb7;b7 of title #ch1 ,united ,states ,code1 is amended by striking paragraphs 7#b7 through 7#f7 and inserting the following3 7#c7 7,a7 ,for any enhanced-use lease entered into by the ,secretary1 the lease consideration provided to the ,secretary shall consist solely of cash at fair value as determined by the ,secretary1 except in the case of an exchange of leased properties assessed to be of similar value4 7,b7 ,the ,secretary may enter into an enhanced-use lease without receiving consideration4 7,c7 ,the ,secretary may not waive or postpone the obligation of a lessee to pay any consideration under an enhanced-use lease1 including monthly rent4 7#d7 ,the terms of an enhanced-use lease may provide for the ,secretary to use minor construction funds for capital contribution payments4 7#e7 ,the ,office of ,management and ,budget shall review each enhanced-use lease before the lease goes into effect4 4 #e4 ,pilot program on authority of ,secretary of ,veterans ,affairs to enter into enhanced-use leases for noncash consideration 7a7 ,pilot program required ,the ,secretary of ,veterans ,affairs shall carry out a pilot program to assess the feasibility and advisability of entering into enhanced-use leases for noncash consideration4 7b7 ,enhanced-,use leases ,under the pilot program required by subsection 7a71 the ,secretary shall enter into at least one enhanced-use lease1 but not more than three enhanced-use leases1 under section #hafb of title #ch1 ,united ,states ,code4 7c7 ,locations ,the enhanced-use leases entered into under the pilot program required by subsection 7a7 shall be in such locations as the ,secretary considers appropriate for purposes of the pilot program4 7d7 ,consideration 7#a7 ,in general ,notwithstanding paragraphs 7#c77;,a71 7#c77;,b71 and 7#e7 of section #hafb7;b7 of such title and subject to the availability of appropriations and the provisions of this subsection1 for an enhanced-use lease entered into by the ,secretary under the pilot program required by subsection 7a71 the lease consideration provided to the ,secretary may consist of noncash consideration at fair value as determined by the ,secretary4 7#b7 ,limitations ,noncash consideration received for an enhanced-use lease under the pilot program required by subsection 7a7 may consist of only the following3 7,a7 ,title transfer of real property4 7,b7 ,infrastructure improvements4 7,c7 ,design services4 7,d7 ,construction services4 7#c7 ,requirements ,the authority to accept consideration described in paragraph 7#a7 shall be subject to the following3 7,a7 ,any facility accepted as noncash consideration for an enhanced-use lease is substantially complete within #aj years of entering into the enhanced-use lease1 excluding commissioning and warranty services4 7,b7 ,the partner entity assumes full responsibility for all maintenance1 operations1 and service costs associated with noncash consideration for the duration of the enhanced-use lease and any subsequent use by the ,department1 unless explicitly funded through appropriations4 7e7 ,capital ,asset ,fund ,notwithstanding section #haah7;b77#c7 of title #ch1 ,united ,states ,code1 amounts in the ,department of ,veterans ,affairs ,capital ,asset ,fund may be used for enhanced-use leases under the pilot program required by subsection 7a7 for the purposes of subparagraph 7,c7 of such section1 without reference to the amount limitation in section #hajd7;a77#c77;,a7 of such title1 if such use is subject to the availability of appropriations4 7f7 ,fiscal oversight and reporting 7#a7 ,in general ,for each fiscal year1 not later than #ij days after the last day of the fiscal year1 the ,secretary shall submit to ,congress a report on the enhanced-use leases entered into under the pilot program required by subsection 7a7 that were in effect in that fiscal year4 7#b7 ,contents ,each report submitted pursuant to paragraph 7#a7 shall include1 for the fiscal year covered by the report1 the following3 7,a7 ,details of the fiscal impact of each enhanced-use lease entered into under the pilot program required by subsection 7a7 that was in effect1 including the following3 7i7 ,comprehensive budget justification for all obligations incurred4 7ii7 ,the funding sources for such obligations4 7iii7 ,confirmation that all associated costs are within appropriated budgets4 7,b7 ,an assessment of any potential future costs and mitigation strategies to ensure compliance with discretionary funding4 7g7 ,limitation on obligations ,no enhanced-use lease under the pilot program required by subsection 7a7 shall impose a financial or operational obligation on the ,department beyond the availability of appropriations1 and any agreement regarding an enhanced-use lease shall include a provision ensuring that maintenance1 operations1 or service costs associated with noncash consideration is borne by the partner entity or explicitly funded through appropriations for the entire lifecycle of the enhanced-use lease or facility use4 7h7 ,sunset ,the authorities provided under this section shall terminate on the date that is seven years after the date of the enactment of this ,act4 ,such termination shall not affect the validity or terms of an enhanced-use lease entered into under this section1 consideration accepted under this section1 or the availability of amounts for an enhanced-use lease1 provided that all obligations remain subject to the availability of appropriations4 7i7 ,definition of enhanced-,use lease ,in this section1 the term enhanced-use lease has the meaning given such term in section #hafb7;a77#a7 of title #ch1 ,united ,states ,code4 #f4 ,feasibility studies for outleasing facilities of ,department of ,veterans ,affairs 7a7 ,in general ,the ,secretary of ,veterans ,affairs1 subject to the availability of funds for such purposes1 may conduct feasibility studies to evaluate the potential outleasing of existing medical facilities of the ,department of ,veterans ,affairs to generate resources1 including in-kind consideration such as the construction of new facilities at alternative locations1 to meet current and future health care needs of veterans4 7b7 ,elements ,each feasibility study conducted under subsection 7a7 shall-- 7#a7 assess the financial1 operational1 and strategic impacts of outleasing medical facilities of the ,department1 including the potential for reinvesting proceeds or in-kind contributions into new or modernized facilities of the ,department2 and 7#b7 consider that any resulting obligations in connection with such outleasing shall be funded through appropriations or borne by the partner entity for the entire lifecycle of the outleasing arrangement4 7c7 ,report ,not later than one year after conducting any feasibility study under subsection 7a71 the ,secretary shall submit to ,congress a report detailing-- 7#a7 the findings of the ,secretary with respect to such study2 7#b7 the recommendations of the ,secretary for potential outleasing arrangements pursuant to such study2 and 7#c7 a budget justification confirming that all costs for such arrangements are within appropriated funds or covered by the partner entity4 #g4 ,report on strategic plan for infrastructure and capital assets of ,department of ,veterans ,affairs 7a7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the strategic plan for infrastructure and capital assets of the ,department of ,veterans ,affairs1 which summarizes a facility lifecycle strategy targeting modernization of owned and leased facilities and infrastructure required to mitigate increasing systemic failures1 veteran and staff safety1 benefits delivery interruptions1 and funding associated to address emergency repairs4 7b7 ,elements ,the report required by subsection 7a7 shall cover known and projected requirements over a period of not less than #aj years for the following3 7#a7 ,land acquisition4 7#b7 ,operations and maintenance of facilities of the existing capital asset portfolio of the ,department4 7#c7 ,operations and maintenance of the planned future capital asset portfolio of the ,department4 7#d7 ,new construction1 disaggregated by type of new construction1 including the following types of construction3 7,a7 ,major construction4 7,b7 ,minor construction4 7,c7 ,nonrecurring maintenance4 7#e7 ,leasing4 7#f7 ,alternative acquisition methods1 such as partnerships and donations4 7#g7 ,activation of space4 7#h7 ,disposal1 reuse1 and remediation4 7#i7 ,facility lifecycle strategy process supporting the planning1 programming delivery1 management1 and maintenance of the current and future capital asset portfolio of the ,department4 7#aj7 ,a discussion of the negative effect of the lack of stable and predictable capital asset funding on the ability of the ,department to plan1 staff1 and execute effective capital asset management4 7#aa7 ,such other matters as the ,secretary considers appropriate1 including with respect to legislative or administrative action1 provided such actions are subject to the availability of appropriated funds4 7c7 ,rule of construction ,nothing in this section or a report submitted under this section shall be construed to create or imply any financial or operational obligation beyond the availability of appropriated funds4 #h4 ,contracting for construction project management services ,subject to the availability of appropriations1 the ,secretary of ,veterans ,affairs may contract with private entities for comprehensive construction project management services1 including the provision of entire project teams4 ,such teams shall be led by an official designated by the ,secretary1 and the services shall be treated as a contracted service rather than individual personnel hires4 #i4 ,expansion and extension of pilot program on acceptance by the ,department of ,veterans ,affairs of donated facilities and related improvements 7a7 ,expansion 7#a7 ,in general ,subsection 7a77#a7 of section #b of the ,communities ,helping ,invest through ,property and ,improvements ,needed for ,veterans ,act of #bjaf 7,public ,law #aad-bid2 #ch ,u4,s4,c4 #hajc note7 is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by striking property2 and 7,b7 by adding at the end the following new subparagraph3 7,c7 ,a minor construction or nonrecurring maintenance project of the ,department4 4 7#b7 ,conforming amendments ,such section is further amended-- 7,a7 in subsection 7b7-- 7i7 in the heading1 by striking of property2 7ii7 in the matter preceding paragraph 7#a71 by striking the donation of a property and inserting a donation2 7iii7 in paragraph 7#a7-- 7,i7 by inserting or project after property each place it appears2 and 7,,ii7 in subparagraph 7,b77ii71 by inserting or the five-year development plan of the ,department after priority list2 and 7iv7 in paragraph 7#b71 by inserting project1 after improvements12 7,b7 in subsection 7c7-- 7i7 in paragraph 7#a7-- 7,i7 in the matter preceding subparagraph 7,a71 by striking real property and improvements donated under the pilot program and inserting a donation2 7,,ii7 in subparagraph 7,a71 by striking 2 or and inserting a semicolon2 7,,iii7 in subparagraph 7,b77ii71 by striking the period at the end and inserting 2 or2 and 7,,iv7 by adding at the end the following new subparagraph3 7,c7 the performance of a minor construction or nonrecurring maintenance project of the ,department4 2 and 7ii7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a71 by striking construction of the facility and inserting donation2 7,,ii7 in subparagraph 7,b71 by inserting maintaining1 after altering12 and 7,,iii7 in subparagraph 7,c71 by striking construction of the facility and inserting donation2 7,c7 in subsection 7e77#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by inserting alter1 maintain1 after design12 7,,ii7 by striking real property and improvements donated and inserting a donation2 and 7,,iii7 by striking of the real property and improvements2 and 7ii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by inserting alter1 maintain1 after design12 and 7,,ii7 in clause 7ii77,i71 by striking construction and donation of the real property and improvements and inserting donation2 and 7,d7 in subsection 7g7-- 7i7 in paragraph 7#a7-- 7,i7 by striking real property and improvements donated and inserting donations2 and 7,,ii7 by striking that property and inserting that donation2 and 7ii7 in paragraph 7#b7-- 7,i7 by striking of real property and improvements conducted2 and 7,,ii7 by striking that property and inserting those donations4 7b7 ,extension ,such section is further amended1 in subsection 7i71 by striking ,december #af1 #bjbf and inserting ,december #af1 #bjca4 #aj4 ,reforming requirements and authorities of ,director of ,construction and ,facilities ,management of ,department of ,veterans ,affairs ,section #cab;,a of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#d71 by inserting 1 the ,under ,secretary for ,health1 and the ,chief ,acquisition ,officer after ,deputy ,secretary2 and 7#b7 by adding at the end the following new subsection3 7d7 ,supervision of employees 7#a7 ,all employees of the ,department engaged in the following activities shall report to the ,director of ,construction and ,facilities ,management3 7,a7 ,planning1 design1 and construction of facilities and infrastructure of the ,department1 including major medical facility projects and minor medical facility projects4 7,b7 ,developing and updating short-range and long-range strategic capital investment strategies and plans of the ,department4 7,c7 ,leasing of real property by the ,department1 including short-term1 long-term1 major medical facility leases1 and minor medical facility leases4 7,d7 ,repair1 maintenance1 and operation of facilities of the ,department1 including custodial services1 building management and administration1 and maintenance of roads1 grounds1 and infrastructure4 7,e7 ,procurement and acquisition of major medical facility projects1 minor medical facility projects1 major medical facility leases1 minor medical facility leases1 operation1 design1 furnishing1 and supplies and equipment4 7#b7 ,in this subsection3 7,a7 ,the term major medical facility lease has the meaning given such term in section #hajd7;a77#c7 of this title4 7,b7 ,the term major medical facility project has the meaning given such term in section #hajd7;a77#c7 of this title4 7,c7 ,the term minor medical facility project means a project for the construction1 alteration1 or acquisition of a medical facility that is not a major medical facility project4 7,d7 ,the term minor medical facility lease means a lease for space for uses as a new medical facility that is not a major medical facility lease4 4 #aa4 ,consolidation of construction and leasing activities of ,department of ,veterans ,affairs ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall-- 7#a7 consolidate the functions of the ,veterans ,benefits ,administration1 the ,veterans ,health ,administration1 and the ,national ,cemetery ,administration described in subsection 7c7 of section #cab;,a of title #ch1 ,united ,states ,code1 under the ,director of ,construction and ,facilities ,management2 7#b7 consolidate the employees of the ,veterans ,benefits ,administration1 the ,veterans ,health ,administration1 and the ,national ,cemetery ,administration described in subsection 7d7 of such section1 as added by section #c1 under the ,director of ,construction and ,facilities ,management2 and 7#c7 as a component of the regional organizational structure described in section #e7;b71 establish a regional organizational structure for the employees described in paragraph 7#b7 reporting to the ,director of ,construction and ,facilities ,management4 #ab4 ,consolidation of ,department of ,veterans ,affairs acquisition1 procurement1 and logistics 7a7 ,organizational consolidation ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall organizationally consolidate under the ,chief ,acquisition ,officer of the ,department of ,veterans ,affairs 7designated in accordance with section #agjb of title #da1 ,united ,states ,code7 the functions of the ,veterans ,benefits ,administration1 the ,veterans ,health ,administration1 and the ,national ,cemetery ,administration relating to-- 7#a7 acquisition2 7#b7 procurement and contracting2 7#c7 logistics2 and 7#d7 the administration of chapter #ha of title #ch1 ,united ,states ,code4 7b7 ,regional organizational structure 7#a7 ,establishment required ,the ,secretary shall establish a regional organizational structure for the employees performing the functions described in subsection 7a7 reporting to the ,chief ,acquisition ,officer of the ,department4 7#b7 ,requirements ,the regional organizational structure established pursuant to paragraph 7#a7 shall-- 7,a7 correspond in part or in whole to the boundaries of the ,veterans ,integrated ,service ,networks of the ,veterans ,health ,administration2 7,b7 may include overarching or constituent organizational structures2 and 7,c7 may include dedicated offices for the ,veterans ,benefits ,administration or ,national ,cemetery ,administration4 7#c7 ,regional directors 7,a7 ,regional directors of acquisition1 logistics1 and construction 7i7 ,in general ,the ,secretary shall ensure that each region within the organizational structure established pursuant to paragraph 7#a7 is headed by a regional director of acquisition1 logistics1 and construction reporting to the ,chief ,acquisition ,officer of the ,department responsible for supervising the functions described in 7a74 7ii7 ,career reserved positions ,each regional director described in clause 7i7 shall be a career reserved position1 as such term is defined in section #cacb7;a7 of title #e1 ,united ,states ,code4 7iii7 ,selection ,regional directors described in clause 7i7 may be selected from among current employees of the ,department performing functions described in subsection 7a74 7,b7 ,regional directors of construction and leasing ,the ,secretary shall ensure that each region within the organizational structure established pursuant to paragraph 7#a7 includes a regional director of construction and leasing who-- 7i7 reports to the regional director of acquisition1 logistics1 and construction heading the region pursuant to subparagraph 7,a72 and 7ii7 is responsible for supervising the employees for the region described in section #d7b74 7c7 ,relocation ,subsection 7a7 shall not be construed to require the physical relocation of employees of the ,department4 #ac4 ,reports to ,congress 7a7 ,report on use of additional authorities relating to recruitment and retention of personnel ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the appropriate committees of ,congress a report detailing how the ,secretary will use the authorities of section #gjf of title #ch1 ,united ,states ,code1 to increase the size and performance of the acquisition workforce of the ,department of ,veterans ,affairs4 7b7 ,report on consolidation activities ,not later than #cij days after the date of the enactment of this ,act1 the ,secretary shall submit to the appropriate committees of ,congress a report detailing how sections #aa and #ab were implemented4 7c7 ,definitions ,in this section3 7#a7 ,acquisition workforce of the ,department ,the term acquisition workforce of the ,department of ,veterans ,affairs means personnel of the ,department of ,veterans ,affairs occupying positions within the #aajb occupational series as defined by the ,director of the ,office of ,personnel ,management4 7#b7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives4 #ad4 ,general limitation on obligations ,no provision of this ,act shall authorize or permit the ,secretary of ,veterans ,affairs to incur financial or operational obligations1 including but costs for construction1 leasing1 maintenance1 operations1 or services1 beyond the availability of funds appropriated by ,congress4 ,all agreements1 contracts1 or arrangements entered into under this ,act shall include provisions ensuring compliance with this limitation4