Mike Bost
Representative for Illinois · Republican · United States
“(B) Elements.--The Secretary, in coordination with participating critical access hospitals, shall ensure that any contract, agreement, or other arrangement entered into under subparagraph (A) establishes criteria, as the Secretary considers appropriate, to ensure-- (i) the provision of timely, safe, and high-quality health care services t…”
“(B) Elements.--The Secretary, in coordination with participating critical access hospitals, shall ensure that any contract, agreement, or other arrangement entered into under subparagraph (A) establishes criteria, as the Secretary considers appropriate, to ensure-- (i) the provision of timely, safe, and high-quality health care services t…”
“(a) In General.--Paragraph (2) of section 2306(h) of title 38, United States Code, is amended to read as follows: ``(2) If the Secretary furnishes an urn or commemorative plaque for an individual under paragraph (1), the Secretary may not provide for such individual a headstone or marker under this section, or any interment benefit under…”
“(a) In General.--Paragraph (2) of section 2306(h) of title 38, United States Code, is amended to read as follows: ``(2) If the Secretary furnishes an urn or commemorative plaque for an individual under paragraph (1), the Secretary may not provide for such individual a headstone or marker under this section, or any interment benefit under…”
“(d) Update of Information on Providers.--Not later than one year after the date of the enactment of this Act, the Secretary, through the Office of Integrated Veteran Care or successor office, shall develop a process to ensure that third party administrators regularly, not less frequently than quarterly-- (1) update their lists of communit…”
“(d) Update of Information on Providers.--Not later than one year after the date of the enactment of this Act, the Secretary, through the Office of Integrated Veteran Care or successor office, shall develop a process to ensure that third party administrators regularly, not less frequently than quarterly-- (1) update their lists of communit…”
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“[[Page H4603]] (d) Indication of Types of Projects.--In the report required under subsection (a), the Secretary shall indicate the projects that can be most efficiently and effectively accomplished through smaller individual infrastructure projects or through a larger medical facility replacement or new site of care, as determined by the Secretary. Subtitle F--Other Health Care Matters SEC. 671. PRESCRIPTION, DELIVERY, DISTRIBUTION, AND DISPENSATION OF CONTROLLED SUBSTANCE MEDICATIONS BY COVERED HEALTH CARE PROFESSIONALS OF DEPARTMENT OF VETERANS AFFAIRS VIA TELEMEDICINE. (a) In General.--Subchapter III of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1730D.”
“(c) Development of Report.--In developing the report required under subsection (a), the Secretary shall consult with relevant regional and national program offices of the Veterans Health Administration with responsibility for managing the various health care services covered by the report, including long-term care and care relating to spinal cord injuries and diseases, to ensure that the report contains a holistic, comprehensive, and integrated plan to address the capital asset and other space needs for the population of veterans who require those services.”
“(b) Inclusion of Information Regarding Prioritization of Certain Projects.--The Secretary shall include in the report required under subsection (a) information regarding how the infrastructure prioritization processes of the Department, such as the Strategic Capital Investment Planning process, or successor process, could be modified to include higher prioritization of projects that support the provision of a health care service that is not widely available, or is not available in compliance with appropriate quality or access standards, from non-Department providers.”
“(a) 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, disaggregated by medical center or other relevant health care facility of the Department of Veterans Affairs, 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-- (1) infrastructure needed to support the delivery of long- term care for women veterans, veterans with spinal cord injuries and diseases, veterans with traumatic brain injury, veterans with unique behavioral health needs, veterans with memory loss, and other population groups with unique needs or projected future needs; (2) information regarding the plans of the Department to provide such care as the Department builds internal capacity but space is not yet available to meet the demand for such care; and (3) with respect to any projects needed to provide the infrastructure specified under paragraph (1)-- (A) the estimated individual project cost and total cost to accomplish those projects; and (B) the estimated individual project timeline to accomplish each such project upon receipt of appropriate funding.”
“(2) Recommendations for such legislative and administrative action as the Secretary determines appropriate to improve the prevention, detection, and reporting of waste, fraud, and abuse. (3) Such other matters as the Secretary considers appropriate. (c) Consultation.--In carrying out subsection (a), the Secretary-- (1) shall consult with the Inspector General of the Department of Veterans Affairs and the Comptroller General of the United States on matters relating to best practices and strategies to improve detection and prevention by the Department of waste, fraud, and abuse in capital asset projects and management; and (2) may consult with such other persons and entities on such matters as the Secretary considers appropriate. SEC. 664. REPORT ON LONG-TERM CARE PHYSICAL INFRASTRUCTURE NEEDS 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 the appropriate committees of Congress a report on actions the Department of Veterans Affairs is taking or plans to take to enhance the ability of the Department to prevent, detect, and report waste, fraud, and abuse occurring in capital asset projects of the Department, whether by employees, contractors, or other relevant persons or entities involved with the Department. (b) Elements.--The report required by subsection (a) shall include the following: (1) An assessment of whether new training or enhancements to existing training should be undertaken to improve the prevention, detection, and reporting of waste, fraud, and abuse.”
“(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, information technology, and other relevant support function needs of the research and development program of the Department. (3) Such other matters as the Secretary considers appropriate. SEC. 663. IMPROVING PREVENTION, DETECTION, AND REPORTING OF WASTE, FRAUD, AND ABUSE IN DEPARTMENT OF VETERANS AFFAIRS CAPITAL ASSET PROJECTS AND ACTIVITIES.”
“(B) Information technology.--In providing information under paragraph (1)(B), the Secretary shall provide estimated summaries for each project or investment with individual and total cost data as well as a realistic multi-year plan to develop relevant requirements and acquire and deploy the relevant information technology services, projects, equipment, and related matters. (C) Scope.--The scope of the report submitted under subsection (a) is on the capital asset, information technology, and other related critical support functions, excluding human capital related needs, needed for the Department to perform research and development in an effective and efficient manner.”
“(2) Requirements.-- (A) Facilities.-- (i) Summaries by project.--In providing information under paragraph (1)(A), the Secretary shall provide estimated summaries for each project with cost data as well as a realistic multi-year plan to design and deliver the capital asset projects, assuming required funding is provided. (ii) Identification of projects.--The Secretary shall identify each project under paragraph (1)(A) by its project type, such as major construction, minor construction, nonrecurring maintenance, major lease, minor lease, or such other category as the Secretary determines may be appropriate.”
“(B) Detailed information on the information technology resources, projects, equipment, and related information technology needs, disaggregated by type of information technology funding categories, such as development or operations and maintenance, the Department requires in order to make the research and development program and activities 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 activities in an effective and efficient manner. (C) Such matters as the Secretary determines relevant to maintain and further improve and advance the research and development functions of the Department through improved capital asset and information technology support.”
“(b) Contents.-- (1) In general.--The report required by subsection (a) shall include the following: (A) A comprehensive summary of new facilities, renovations of existing facilities, leasing of facilities, and any other such facilities or physical infrastructure the Department requires to effectively perform its research and development functions, including projected functions.”
“Congressional notification and plan required for cost estimates exceeding approved prospectus amounts''. SEC. 662. REPORT ON CAPITAL ASSET AND INFORMATION TECHNOLOGY NEEDS OF THE RESEARCH AND DEVELOPMENT PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) Report Required.--Not later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the capital asset and information technology needs of the research and development program of the Department of Veterans Affairs.”
“``(d) Limitation on Further Action.--If the Secretary is required to submit a notification under subsection (b), the Secretary may not issue a request for lease proposals for the applicable major medical facility lease until the date on which the Secretary submits the plan required under subsection (c). ``(e) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to exceed any amount authorized in an approved prospectus or any amount provided in advance in an appropriations Act.''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8104 the following new items: ``8104A. Submission of cost estimates for major medical facility leases with President's budget request ``8104B.”
“``(c) Plan Required.-- ``(1) In general.--Not later than 60 days after notification under subsection (b) with respect to a major medical facility lease, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the cost discrepancy for such lease, which may include scope adjustment, value engineering, requesting additional authority, or other appropriate measures. ``(2) Limitation on award.--The Secretary shall not award a major medical facility lease until the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives have received the plan required under paragraph (1) with respect to such lease.”
“``(b) Notification Required.--If the lowest responsive offer for a major medical facility lease exceeds the unserviced shell rent authorized in the approved prospectus by more than 10 percent, the Secretary shall notify the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives not later than 45 days after the date on which the Secretary determines that such offer exceeds such authorized amount.”
“(b) Congressional Notification and Plan Required for Cost Estimates Exceeding Approved Prospectus Amounts.--Subchapter I of such chapter is further amended [[Page H4602]] by inserting after section 8104A the following new section: ``Sec. 8104B. Congressional notification and plan required for cost estimates exceeding approved prospectus amounts ``(a) Price Estimates Required During Solicitation Phase.-- As part of the request for lease proposals (or equivalent formal solicitation) for a major medical facility lease, the Secretary shall require offerors to provide detailed price proposals, including the cost of land (if applicable), to enable evaluation against the authorized prospectus amount.”
“``(e) Rules of Construction.-- ``(1) Budgetary treatment.--Nothing in this section shall be construed to alter, supersede, waive, or otherwise affect the application of the scorekeeping guidelines, including the budgetary treatment of leases under Office of Management and Budget Circular A-11 or any successor guidance. ``(2) Preservation of existing budget authority requirements.--Nothing in this section shall be construed to authorize the Secretary to enter into a lease, incur an obligation, or make an expenditure except to the extent and in the amount provided in advance in appropriations Acts. ``(f) Definitions.--In this section, the term `major medical facility lease' has the meaning given that term in section 8104(a)(3)(B) of this title.''.”
“``(d) Annual Adjustment.-- ``(1) In general.--To reflect inflation and market escalation, the Secretary shall annually adjust each cost estimate for a lease submitted to Congress for authorization, appropriations, or prospectus approval during the period beginning on the date on which the Secretary first includes such cost estimate in the budget justification materials described in subsection (a) and ending on the projected award date for the lease. ``(2) Indices.--In adjusting a cost estimate under paragraph (1), the Secretary shall use such medical construction or real estate indices as the Secretary determines appropriate.”
“``(2) Required elements.--The methodology required under paragraph (1) shall include, at a minimum-- ``(A) base rent projections over the full lease term; ``(B) tenant improvement and buildout costs based on current medical facility standards; ``(C) estimated operating expenses, including utilities, maintenance, and security; ``(D) annual escalation factors tied to construction cost indices, labor rates, and market trends; ``(E) cost assumptions for option periods or potential renewal terms; and ``(F) geographic adjustments using current regional market data to reflect location-specific construction and leasing conditions.”
“``(b) Market-based Cost Estimate.--Each market-based cost estimate required under subsection (a) shall include an evaluation of-- ``(1) local land values; ``(2) applicable construction costs; and ``(3) other cost factors the Secretary determines relevant to build-to-suit facilities. ``(c) Standardized Methodology.-- ``(1) In general.--The Secretary shall adopt and apply a standardized methodology for estimating under subsection (a) the full life-cycle cost of major medical facility leases and prospectus-level leases.”
“(a) Submission of Cost Estimates for Major Medical Facility Leases With Presidential Budget Request.--Subchapter I of chapter 81 of title 38, United States Code, is amended by inserting after section 8104 the following new section: ``Sec. 8104A. Submission of cost estimates for major medical facility leases with president's budget request ``(a) In General.--For each major medical facility lease or prospectus-level lease for which the Secretary seeks authorization, appropriations, or prospectus approval, the Secretary shall include in the budget justification materials submitted to Congress in connection with the budget of the Department for the applicable fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) a market-based cost estimate and full life-cycle cost estimate for such lease.”
“Not later than 180 days after the date of enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Comptroller General of the United States, the Director of the Office of Management and Budget, and private sector stakeholders, shall develop a revised process for the procurement of major medical facility leases under chapter 81 of title 38, United States Code, and submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report that includes a description of such revised process. SEC. 661. SUBMISSION AND NOTIFICATION OF COST ESTIMATES FOR MEDICAL FACILITY LEASES.”
“``(2) Capital asset project.--The term `capital asset project' means a capital asset investment or activity of the Department. ``(3) Super construction project.--The term `super construction project' has the meaning given such term in section 8103(e)(3) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 81 of title 38, United States Code, is amended by striking the item relating to section 8120 and inserting the following new item: ``8120. Reports on key capital asset investments, activities, and performance.''. SEC. 660. DEVELOPMENT OF STREAMLINED PROCUREMENT MODEL; REPORT.”
“``(2) Elements.--Each report required under paragraph (1) shall include, for each project described in such paragraph-- ``(A) the budgetary and scheduling status of the project, as of the last day of the most recent fiscal quarter ending before the date on which the report is required to be submitted; and ``(B) the actual cost and schedule variances of the project, as of such day, compared to the planned cost and schedules for the project. ``(c) 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.”
“``(3) Matters relating to reporting costs.--In each report under paragraph (1), when reporting on costs for capital asset projects, the Secretary may include information regarding Federal requirements, including those specific to the Department, that may not exist in the non-Federal construction sector that may increase costs for capital asset projects. ``(b) Super Construction Projects.-- ``(1) In general.--Not later than 30 days after the end of each fiscal year, and every 60 days thereafter until the end of that fiscal year, the Secretary shall submit to the appropriate committees of Congress a report on the super construction projects carried out by the appropriate non- Department Federal entity described in section 8103(e)(1) of this title during such year.”
“``(ix) Such observations of best practices, impediments, and accomplishments related to the capital asset management and performance of the Department, including any legislative or administrative action, as the Secretary considers appropriate with respect to such practices, impediments, and accomplishments. ``(x) Meaningful metrics that show the progress of the Department toward meeting relevant goals of the Department relating to capital asset management. ``(xi) Such other matters as the Secretary considers appropriate. ``(B) Subsequent reports.--Each report in a fiscal year after the first report shall include, at a minimum, relevant updates on any capital asset projects that are ongoing during that fiscal year, including any updates to information provided with respect to such projects under subparagraph (A).”
“``(V) The fiscal quarter the project is expected to begin, the fiscal quarter the project is expected to be completed, and the fiscal quarter the facility in connection to such project is expected to be in use by veterans, employees of the Department, or other relevant users, as the case may be. ``(viii) Projected total obligations for capital asset projects for the current fiscal year, broken out by major construction, minor construction, nonrecurring maintenance, and leases, from the medical facilities appropriation account of the Department.”
“``(vii) A projected list of capital asset projects, broken out by type of project under subclause (I), that are expected to be initiated during the current fiscal year and those that are expected to be completed during the current fiscal year, which shall include the following: ``(I) The type of project (major construction, minor construction, nonrecurring maintenance, leases, or other category, including disposals). ``(II) The estimated total cost of the project. ``(III) A description of the project. ``(IV) The location and facility with respect to which the project was carried out or is expected to be carried out.”
“``(v) A list of any capital asset projects cancelled during the previous fiscal year, including any projects in the design phase and including the reason for the cancellation. ``(vi) A summary of total actual obligations for capital asset projects for the previous fiscal year, broken out by major construction, minor construction, nonrecurring maintenance, and leases from the medical facilities appropriation account of the Department.”
“``(V) The fiscal quarter the project was expected to begin, the fiscal quarter the project began, the month and year the project was completed, and the fiscal quarter the facility in connection to such project was in use by veterans, employees of the Department, or other relevant users, as the case may be. ``(iv) In the case of any capital asset project completed during the previous fiscal year with respect to which the final cost of the project (or any increment of the project) was more than 10 percent greater than the estimated cost of the project (or increment) or the completion of such project (or increment) was more than 180 days later than the planned schedule for such project (or increment)-- ``(I) the reason for any such overage or delay; and ``(II) actions being taken to prevent any such overage or delay in future projects.”
“``(ii) A brief summary of the accomplishments, impediments, and challenges experienced by the Department with respect to capital asset projects in the previous fiscal year and a description of efforts made to address any such impediments and challenges. [[Page H4601]] ``(iii) With respect to each capital asset project completed in such year, the following: ``(I) The type of project (major construction, minor construction, nonrecurring maintenance, leases, or other category, including disposals). ``(II) The estimated total cost and the actual total cost of the project. ``(III) A description of the project. ``(IV) The location and facility with respect to which the project was carried out.”
“Reports on key capital asset investments, activities, and performance ``(a) Capital Asset Investment, Activities, and Performance.-- ``(1) In general.--Not later than 30 days after the end of each fiscal year, and every 60 days thereafter until the end of the subsequent fiscal year, the Secretary shall submit to the appropriate committees of Congress a report on key capital asset investments, activities, and performance of the Department. ``(2) Elements.-- ``(A) First report in each fiscal year.--The first report under paragraph (1) in each fiscal year shall include the following: ``(i) A brief summary of work that was completed on each capital asset project that was completed in the previous fiscal year.”
“(b) Definitions.--In this section: (1) 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 occupational series, as defined by the Director of the Office of Personnel Management, responsible for acquisition functions, as determined by the Secretary. (2) 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 Representatives. SEC. 659. REPORTS ON KEY CAPITAL ASSET INVESTMENTS, ACTIVITIES, AND PERFORMANCE OF DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Section 8120 of title 38, United States Code, is amended to read as follows: ``Sec. 8120.”
“(d) Reporting.--The Secretary shall include information on donations accepted under this section in the reports required under section 2(g) of the Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016 (Public Law 114-294; 38 U.S.C. 8103 note), with separate tracking for donations under this section. SEC. 658. REPORT ON USE OF ADDITIONAL AUTHORITIES RELATING TO RECRUITMENT AND RETENTION OF PERSONNEL. (a) Report Required.--Not later than 90 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 detailing how the Secretary will use the authorities of section 706 of title 38, United States Code, to increase the size and performance of the acquisition workforce of the Department of Veterans Affairs.”
“(c) Streamlined Requirements.--For donations under this section that do not involve transfer of real property title-- (1) the donor shall enter into an agreement with the Department that determines who is responsible to ensure environmental or historic preservation due diligence is completed; (2) the donor shall obtain all federally required construction and facility related permits; and (3) agreements may be simplified relative to those under section 2 of the Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016 (Public Law 114-294; 38 U.S.C. 8103 note) to reflect the nature of services or targeted contributions.”
“8103 note); (3) the Secretary determines such donation would-- (A) accelerate project completion; (B) reduce the expense to the Department; (C) improve facility condition; or (D) otherwise benefit veterans; (4) the donor enters into a formal agreement with the Secretary that includes-- (A) provisions for the Department's oversight during performance; (B) compliance with applicable construction codes and standards, and applicable laws and regulations; (C) donor-provided insurance, warranties, and liability protections; (D) the amount of the donation and the amount of the Department's funding contribution, if any; (E) that the donation shall not increase the cost to the Federal Government of completing such project described in subsection (a) (excluding activation and sustainment of such facility); and (F) such other terms as the Secretary determines necessary.”
“(b) Alignment to Needs.--The Secretary may accept a donation under this section only if-- (1) the donation aligns with-- (A) a need identified in a Strategic Capital Investment Planning process priority list, a five-year development plan, a facility master plan, or an annual capital needs inventory of the Department; or (B) any component or phase of a need described in subparagraph (A); (2) the donation is from an entity described in section 2(a)(2) of the Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016 (Public Law 114-294; 38 U.S.C.”
“(a) Authority.--Notwithstanding any other provision of law, the Secretary of Veterans Affairs may accept donations comprising the total cost or a portion of the cost of-- (1) minor construction projects; (2) nonrecurring maintenance projects; or (3) construction services relating-- (A) to minor construction projects; (B) to nonrecurring maintenance projects; (C) to an existing facility of the Department; or (D) to a new facility or portion thereof of the Department.”
“(b) Modification of Acceptance of Property.--Paragraph (1) of subsection (b) of such section is amended to read as follows: ``(1) the donation aligns with-- ``(A) a need identified in a Strategic Capital Investment Planning process priority list, a five-year development plan, a facility master plan, or an annual capital needs inventory of the Department; or ``(B) any component or phase of a need described in paragraph (1); and''. SEC. 657. AUTHORITY TO ACCEPT DONATIONS OF CONSTRUCTION SERVICES, MINOR CONSTRUCTION OR NONRECURRING MAINTENANCE PROJECTS, AND TARGETED CONTRIBUTIONS.”
“(c) 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 funds. SEC. 656. PILOT PROGRAM ON ACCEPTANCE BY THE DEPARTMENT OF VETERANS AFFAIRS OF DONATED FACILITIES AND RELATED IMPROVEMENTS: EXTENSION; MODIFICATION. (a) Extension.--Section 2 of the Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016 (Public Law 114-294; 38 U.S.C. 8103 note) is amended, in subsection (i), by striking ``December 16, 2026'' and inserting ``the day that is five years after the date of the enactment of the Take Care of America's Veterans Act''.”
“(10) A discussion of the negative effect of the lack of stable and predictable capital asset funding on the ability of the Department to plan, staff, and execute effective capital asset management. (11) Overview of the strategy being utilized in the approach of the Secretary to capital investment, across all the capital and leasing programs, including the approach of repair versus recapitalization, use of leasing, and other relevant strategies as deemed appropriate by the Secretary. (12) Such other matters as the Secretary considers appropriate, including with respect to legislative or administrative action, if such actions are subject to the availability of appropriated funds.”
“(2) Operations and maintenance of facilities of the existing capital asset portfolio of the Department. (3) Operations and maintenance of the planned future capital asset portfolio of the Department. (4) New construction, disaggregated by type of new construction, including the following types of construction: (A) Major construction. (B) Minor construction. (C) Nonrecurring maintenance. (5) Leasing. (6) Alternative acquisition methods, such as partnerships and donations. (7) Activation of space. (8) Disposal, reuse, and remediation. (9) Facility lifecycle strategy process supporting the planning, programming delivery, management, and maintenance of the current and future capital asset portfolio of the Department.”
“(a) Report.--Not later than one year after the date of the enactment of this Act, 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 Affairs, which summarizes a facility lifecycle strategy targeting modernization of owned and leased facilities and infrastructure required to mitigate increasing systemic failures, veteran and staff safety, benefits delivery interruptions, and funding associated to address emergency repairs. (b) Elements.--The report required by subsection (a) shall cover known and projected requirements over a period of not less than 10 years for the following: (1) Land acquisition.”
“FEASIBILITY STUDY FOR FULL-SERVICE HOSPITAL OF DEPARTMENT OF VETERANS AFFAIRS IN CERTAIN STATES. (a) In General.--The Secretary of Veterans Affairs shall conduct a study on the feasibility of establishing a full- service hospital of the Department of Veterans Affairs in Alaska and Hawaii. (b) Publication.--Not later than one year after the date of the enactment of this title, the Secretary shall publish on a publicly available website of the Department the findings of the Secretary with respect to the study conducted under subsection (a). SEC. 655. REPORT ON STRATEGIC PLAN FOR INFRASTRUCTURE AND CAPITAL ASSETS OF DEPARTMENT OF VETERANS AFFAIRS.”
“(d) Definitions.--In this section: (1) Commercial codes and standards.--The term ``commercial codes and standards'' means building codes or standards of the following: (A) The National Fire Protection Association. (B) The International Code Council. (C) The American Society for Testing and Materials. (D) The American Society of Civil Engineers. (E) Any other building code or standard, other than those described in paragraph (2), determined by the Secretary. [[Page H4600]] (2) Federal codes and standards.--The term ``Federal codes and standards'' means the following: (A) Building codes or standards specific to one or more Federal agencies. (B) Building codes or standards specific to the Department, including the Technical Information Library. (C) Standards of the Federal Guidelines Institute. SEC. 654.”
“(b) Pilot Projects.--The Secretary shall carry out not fewer than three pilot projects during each of fiscal years 2027, 2028, 2029, 2030, and 2031 utilizing commercial codes and standards instead of Federal codes and standards to lease or construct facilities of the Department for major construction, minor construction, or major lease projects. (c) Reports.--The Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives not later than 90 days after the end of each of fiscal years 2027, 2028, 2029, 2030, and 2031, a report detailing the use by the Secretary of the authority provided by subsection (a) and conduct of each pilot project required by subsection (b) that was initiated, ongoing, or completed during the fiscal year.”
“``(2) The term `common service' means a commercial service necessary to maintain or operate existing physical space, including maintenance, heating, ventilation, air conditioning, electricity, energy, water, wastewater, landscaping, security, laundry, or any other service as determined by the Secretary. ``(3) The term `physical space' means a portion of a building or parking facilities.''. SEC. 653. USE OF COMMERCIAL CONSTRUCTION AND FACILITIES CODE AND STANDARDS. (a) 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 Affairs, where such commercial codes and standards do not conflict with statutory and regulatory requirements.”
“Section 8153 of title 38, United States Code, is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (A), by inserting ``physical'' before ``space''; (B) in subparagraph (B)(i), by inserting ``physical'' before ``space''; (C) by striking subparagraph (E); (D) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (E) by inserting after subparagraph (B) the following new subparagraph (C): ``(C) If the health-care resource required is physical space or common services with respect to existing buildings and is to be acquired from an institution affiliated with the Department in accordance with section 7302 of this title or another entity, the Secretary may enter into contracts or agreements for the acquisition of the space or service-- ``(i) without regard to any law or regulation (including any Executive order, circular, or other administrative policy) that would otherwise require the use of competitive procedures for acquiring the resource; and ``(ii) if all obligations are funded through available appropriations or borne by the institution or entity, without regard to any limitations applicable to leases of the Department, if, in the case of a multi-year space-sharing agreement, the agreement-- ``(I) requires that payments for each fiscal year be made only from appropriated funds and available that year; and ``(II) includes a provision that the Government's obligations for future years is contingent upon availability of appropriations.''; (F) in subparagraph (D), as redesignated by subparagraph (D) of this paragraph, by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), (B), or (C)''; (2) by adding at the end the following: ``(h) In this section: ``(1) The term `commercial service' means a service that is offered and sold competitively in the commercial marketplace, is performed under standard commercial terms and conditions, and is procured using firm-fixed price contracts.”
“SEC. 644. RULE OF CONSTRUCTION. Nothing in this subtitle or an amendment made by this subtitle shall be construed to have any effect on any provision of law in effect before the date of the enactment of this Act. Subtitle E--Veterans Infrastructure and Transformation SEC. 651. SHORT TITLE. This subtitle may be cited as the ``Veterans Infrastructure and Transformation Act of 2026'' or the ``VITAL Act of 2026''. SEC. 652. MODIFICATION OF AUTHORITY FOR SHARING OF HEALTH- CARE RESOURCES OF DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE FLEXIBLE SPACE UTILIZATION AND STREAMLINED SERVICE AGREEMENTS.”
“``(H) A risk mitigation plan identifying significant operational, workforce, financial, information technology, patient care, and service-delivery risks reasonably anticipated by the Secretary and the actions planned to mitigate such risks.''; (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (3) by inserting after subsection (d) the following new subsection (e): ``(e) Not later than 180 days after the date on which the Secretary completes an administrative reorganization for which the Secretary submitted under subsection (b) a report containing a detailed plan and justification for the administrative reorganization, and not less frequently than once every 180 days thereafter until the date that is two years after the date of the completion of such administrative reorganization, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report assessing the administrative reorganization using the performance metrics described in the detailed plan and justification pursuant to subsection (g)(2)(G).''.”