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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“(b) Plan to Allow Fuel Sharing and Increased Coordination Between the Federal Emergency Management Agency and the Department of Veterans Affairs.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, after consulting with the Administrator of the Federal Emergency Management Agency, submit to the Committee on Veterans' Affairs of the Senate, the Committee on Veterans' Affairs of the House of Representatives, the Committee on Homeland Security and Government Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report regarding-- (1) the current limitations preventing the Federal Emergency Management Agency from providing fuel or other resources to the Department of Veterans Affairs during emergencies; (2) whether the Department requires action by Congress to allow such resource provision to occur; (3) whether the Secretary has been unable to coordinate with the Administrator during prior emergencies or Fourth Mission activations due to a lack of authority for such coordination; (4) whether the Secretary requires action by Congress to address any of the issues mentioned under paragraph (3); and (5) whether the Secretary requires action by Congress to address the issue of Department employees or responders being unable to use Department-purchased fuel.”
“(B) The roles and responsibilities of each office. (C) A detailed description of roles and responsibilities that are shared by both the Office of Emergency Management of the Department and the Office of Operations, Security, and Preparedness of the Department, including an analysis of how each office plays a part in emergency management functions. (D) Recommendations for improving the structure and alignment of relevant offices to better prepare the Department for emergencies, remove redundancies, and improve accountability. (E) An analysis of the feasibility and advisability of consolidating relevant offices into one centralized emergency management office to improve communication and streamline emergency preparedness and response efforts of the Department.”
“(2) Consultation.--In preparing the report required by paragraph (1), the Secretary of Veterans Affairs shall consult with the Comptroller General of the United States, the Inspector General of the Department of Veterans Affairs, the Secretary of Homeland Security, the Secretary of Defense, and such other Federal agencies as the Secretary of Veterans Affairs considers relevant, to obtain insights from their experience and [[Page H4586]] trends that they have found, and such recommendations as they may have with respect to the management by the Department of Veterans Affairs of emergency management functions. (3) Contents.--The report submitted pursuant to paragraph (1) shall include the following: (A) A description of the organizational structure of each office, both during normal operations and during emergency or disaster operations.”
“(a) Report on Emergency Management Roles for Department of Veterans Affairs.-- (1) 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 Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report outlining the roles and responsibilities of all offices of the Department of Veterans Affairs involved with emergency management.”
“(c) Report.--Not later than 180 days after enactment, and annually for three years thereafter, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on implementation, including call-answer rates, abandoned-call rates, average wait times, veteran complaints, spoofing or fraud-prevention measures, and any exceptions granted. SEC. 405. ADVANCING DEPARTMENT OF VETERANS AFFAIRS EMERGENCY RESPONSE TO CRISIS.”
“``(B) Central time. ``(C) Mountain time. ``(D) Pacific time. ``(E) Alaska time. ``(F) Hawaii time. ``(4) Clarification.--The Secretary is not required to ensure that the Veterans Health Administration has a call center in any location generally within a time zone specified in paragraph (3) that does not follow daylight saving time.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 63 of such title is amended by adding at the end the following new item: ``6321. Telephone communication.''.”
“``(b) Call Centers for Health Care Appointments and Referrals.-- ``(1) In general.--Not later than one year after the date of the enactment of the Take Care of America's Veterans Act, the Secretary shall ensure that the Veterans Health Administration has at least one call center in each of the time zones specified in paragraph (3) to address concerns regarding appointments and referrals for health care under the laws administered by the Secretary. ``(2) Existing efforts and call centers.--In carrying out paragraph (1), the Secretary-- ``(A) shall ensure coordination with existing efforts of the Department to improve call center operations; and ``(B) may use existing call centers to meet the requirements of such paragraph. ``(3) Time zones specified.--The time zones specified in this paragraph are the following: ``(A) Eastern time.”
“Telephone communication ``(a) Calls Associated With Department.--Not later than one year after the date of the enactment of the Take Care of America's Veterans Act, the Secretary shall ensure, to the extent practicable and feasible, that any call made to a veteran, beneficiary, claimant, or other relevant individual by an employee or contractor of the Department regarding services or benefits furnished by the Department-- ``(1) is made from a single, well-known telephone number; and ``(2) uses caller identification branding that indicates to the individual that the call is from or on behalf of the Department.”
“(j) Clerical Amendments.--The table of sections at the beginning of chapter 81 of title 38, United States Code, is amended-- (1) by striking the item relating to section 8172; and (2) by adding at the end the following: ``subchapter vii--acquisition review, cost assessment, and program evaluation ``8181. Definition of major acquisition program. ``8182. Acquisition reorganization. ``8183. Major acquisition program managers. ``8184. Cost assessment and program evaluation. ``8185. Requirements development process.''. SEC. 404. IMPROVEMENT OF TELEPHONE COMMUNICATION BY DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 63 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 6321.”
“(2) Report.--Not later than 180 days after the enactment of this Act, 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 detailing the requirements process established pursuant to section 8183 of such title, as added by paragraph (1) and a plan for implementation of such process, including timelines for integration with major acquisition program baselines. (i) Conforming Amendments.--Subchapter VI of chapter 81 of title 38, United States Code, is amended-- (1) in section 8171, by striking paragraphs (5) and (6); and (2) by striking section 8172.”
“``(b) Limitation on Personnel.--The Secretary shall implement the process established pursuant to subsection (a) using staff within the Office of Acquisition and other relevant offices of the Department, as established under section 8182 of this title, without creating new positions, unless a subsequent cost-benefit analysis, validated by the Director of Cost Assessment and Program Evaluation, justifies additional resources.''.”
“Requirements development process ``(a) Establishment of Process.--(1) The Secretary shall establish a standardized requirements development process for major acquisition programs. ``(2) The process established pursuant to paragraph (1) shall-- ``(A) define and validate mission-driven requirements for major acquisition programs exceeding $200,000,000 annually or $1,000,000,000 in lifecycle costs, in coordination with the Assistant Secretary for Acquisition; ``(B) incorporate data-driven needs assessments, stakeholder input from relevant administrations, staff offices, and other elements of the Department, and alignment with statutory mandates, such as section 8121 of this title; and ``(C) ensure iterative validation of requirements through independent verification and validation, as described in section 8183 of this title, to confirm cost, schedule, and performance baselines.”
“(2) Report.--Not later than one year after the date in which the Secretary enters into the memorandum of understanding required by paragraph (1), 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 on the findings of the Executive Director with respect to the analysis conducted under such subsection. (h) Requirements Development Process.-- (1) In general.--Subchapter VII of chapter 81 of title 38, United States Code, as added by subsection (a) and amended by subsections (b) and (e), is further amended by adding at the end the following new section: ``Sec. 8185.”
“(g) Independent Analysis of Acquisition Process of Department of Veterans Affairs.-- (1) Systems engineering analysis.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a memorandum of understanding with the Executive Director of the Acquisition Research Center of the Department of Defense to conduct a systems engineering analysis of the acquisition process of the Department of Veterans Affairs.”
“(B) Termination.--The requirements of subparagraph (A) shall terminate on the date on which the Secretary certifies to the appropriate committees of Congress that the projected number of graduates of acquisition internship programs is sufficient to satisfy the human capital needs of the Department with respect to acquisition, taking into account the rate of attrition and projected retirements of personnel. (C) Appropriate committees of congress defined.--In this subsection, 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.”
“(2) Annual number of participants in acquisition internship programs.-- (A) In general.--Not later than September 30 of the first fiscal year beginning after the date of the enactment of this Act, the Secretary shall take such actions as may be necessary to ensure that the annual number of participants in acquisition internship programs of the Department is-- (i) not fewer than twice the number of participants in such programs during fiscal year 2025; and (ii) not more than 4 times the number of participants in such programs during such fiscal year.”
“(B) Transmittal to congress.--Not later than 30 days after receiving a report pursuant to subparagraph (A), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives the report received by the Secretary. (f) Improvements to Hiring of Entry-level Acquisition Positions in Department of Veterans Affairs.-- (1) Priority use of internship programs for hiring into entry-level positions in acquisitions.--The Secretary of Veterans Affairs shall prioritize the use of acquisition internship programs to hire employees to entry-level positions relating to acquisition in the Department of Veterans Affairs.”
“(2) Report on monitoring of operating and support costs for major acquisition programs.-- (A) Report to secretary of veterans affairs.--Not later than one year after the date of the enactment of this Act, and not less frequently than once each year thereafter until December 31, 2028, the Director of Cost Assessment and Program Evaluation of the Department of Veterans Affairs shall submit to the Secretary of Veterans Affairs a report on systems and methods for tracking and assessing operating and support costs of major acquisition programs (as defined in section 8181 of title 38, United States Code, as added by subsection (a)), including recommendations for establishing cost baselines.”
“``(c) Support and Resources.--The Chief Financial Officer of the Department shall [[Page H4585]] provide to the Secretary such support and resources as may be necessary for the Secretary to ensure the effective establishment and functioning of the Director of Cost Assessment and Program Evaluation.''.”
“``(4) To evaluate the effectiveness of major acquisition programs in meeting Department objectives. ``(5) Not less frequently than once each year, to submit to the Secretary and the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an annual report on cost estimation and program evaluation activities, including recommendations to improve acquisition efficiency. Such report shall include a list of all acquisitions where the independent cost estimate for a major acquisition program exceeded the budget request for the program by more than 5 percent.”
“Cost assessment and program evaluation ``(a) Director of Cost Assessment and Program Evaluation.-- There is in the Department a Director of Cost Assessment and Program Evaluation, who shall report directly to the Secretary. ``(b) Responsibilities.--The responsibilities of the Director are as follows: ``(1) To develop policies and procedures for cost estimation and analysis of major acquisition programs of the Department. ``(2) To conduct independent cost estimates and analyses for major acquisition programs to support acquisition decisions, or any other acquisitions as directed by the Secretary. ``(3) To provide an independent cost estimate to the Assistant Secretary for Acquisition in advance of a decision to proceed with full-scale acquisition for a major acquisition program or any other program as directed by the Director.”
“(B) Independent verification validation.--The term ``independent verification and validation'' means a comprehensive inspection, a review, analysis, and testing, or an assessment of systems, software, or hardware, as applicable, performed by an entity awarded a contract under paragraph (1)-- (i) to verify that the requirements of a program, project or system, or a development phase of such a program or project, are correctly defined; and (ii) to validate cost, schedule, and performance baselines of current programs and measure program effectiveness. (e) Department of Veterans Affairs Cost Assessment and Program Evaluation.-- (1) In general.--Subchapter VII of chapter 81 of title 38, United States Code, as added by subsection (a) and amended by subsection (b), is further amended by adding at the end the following new section: ``Sec. 8184.”
“(4) Funding.--The Chief Financial Officer of the Department shall ensure that each organizational subdivision of the Department that enters into a contract under paragraph (1) proportionally contributes amounts to fund each such contract. (5) Definitions.--In this section: (A) Covered contract.--The term ``covered contract'' means any prime or subcontract with the Department, including-- (i) information technology support or software or system design, development, sustainment, or maintenance services; (ii) professional or management consulting services; or (iii) advisory and assistance services.”
“(3) Functions.--The functions specified in this subsection are the following: (A) The independent verification and validation of each major acquisition program project-- (i) when such major acquisition program is initiated, with respect to its design and the development of its requirements and acquisition; (ii) at the conclusion of such program; and (iii) at any other intervals during such program selected by the Chief Acquisition Officer of the Department. (B) The independent verification and validation of other programs or projects of the Department selected by the Chief Acquisition Officer of the Department, at intervals selected by the Chief Acquisition Officer.”
“(B) Past performance.--For any contract used to demonstrate eligibility under subparagraph (A), an entity must have performed the work at a satisfactory or better level as indicated by the past performance information in the Contractor Performance Assessment Reporting System, or successor system. (C) Demonstration of lack of conflict of interest.--The Secretary shall revoke the eligibility of an entity under this subsection if an entity does not demonstrate clear and unmitigable evidence that the entity does not have a conflict of interest with respect to the effective performance of functions under paragraph (3). (D) No mitigation plans acceptable.--The Secretary may not accept from an entity a plan to mitigate a conflict of interest in order to ameliorate any limitation or prohibition under this subsection.”
“(2) Eligibility.-- (A) In general.--An entity is not eligible to be awarded a contract under this section unless the Chief Acquisition Officer of the Department of Veterans Affairs determines, at the time of evaluation of offers submitted under paragraph (1), that the entity is currently performing or has performed, during the preceding three-year period, not fewer than three prime contracts from either governmental or commercial health care organizations for-- (i) the independent verification and validation services or equivalent services, including systems engineering and technical advisory (SETA) support of major acquisition programs; or (ii) the independent verification and validation or systems engineering and technical advisory (SETA) support of the development or acquisition of major acquisition programs or defense systems, in accordance with guidance of the Department of Defense relating to such acquisition programs or such business systems.”
“(d) Independent Verification and Validation of Major Acquisition Programs of Department of Veterans Affairs.-- (1) Contracting authority.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into one or more contracts using competitive procedures with one or more entities to carry out the functions described in paragraph (3).”
“(3) Plan and briefing.-- (A) In general.--Not later than 90 days after commencing organizational consolidation under paragraph (1), the Secretary shall-- (i) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a written plan to carry out such organizational consolidation; and (ii) provide such committees a briefing on such plan. (B) Contents.--The plan submitted pursuant to subparagraph (A)(i) shall include the following: (i) A timeline. (ii) A plan for communication and training activities for relevant Department personnel. (iii) A plan for modification of relevant Department policy and guidance. (iv) Such other matters as the Secretary considers relevant and appropriate.”
“(c) Department of Veterans Affairs Acquisition and Procurement Reorganization Matters.-- (1) Organizational consolidation.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall organizationally consolidate under the Assistant Secretary of Veterans Affairs for Acquisition every activity of the Department of Veterans Affairs, including the Veterans Benefits Administration, the Veterans Health Administration, and the National Cemetery Administration, that relates to-- (A) acquisition; (B) procurement and contracting; or (C) logistics and supply chain. (2) Relocation.--Paragraph (1) shall not be construed to require the physical relocation of employees of the Department.”
“``(d) Program Decision Authority.--(1) The Assistant Secretary for Acquisition is the program decision authority regarding a major acquisition program. ``(2) Program management offices for major acquisition programs shall-- ``(A) report directly to the Assistant Secretary for Acquisition; and ``(B) operate independently of the Veterans Benefits Administration, the Veterans Health Administration, the National Cemetery Administration, and staff offices of the Department. ``(e) Notification Required.--Not later than 30 days after any date on which a major acquisition program concludes an acquisition phase, the manager of such program appointed pursuant to subsection (a) shall notify the Assistant Secretary for Acquisition.''.”
“``(c) Duties.--Each manager appointed pursuant to subsection (a) for a major acquisition program shall-- ``(1) report to the Assistant Secretary for Acquisition through the Program Executive Officer responsible for the major acquisition program; and ``(2) be responsible for, with respect to the major acquisition program-- ``(A) developing, in coordination with the Program Executive Officer, a plan to administer the major acquisition program, which shall be known as the `program baseline' for the major acquisition program, that includes-- ``(i) a description of each acquisition phase of the major acquisition program; ``(ii) for each such acquisition phase, requirements for advancing the major acquisition program to a subsequent acquisition phase; and ``(iii) estimates of the cost, schedule, and performance of the major acquisition program that account for the entire life cycle of the major acquisition program; ``(B) ensuring the major acquisition program is in compliance with such requirements and providing all program documentation, including program baseline documentation, cost, schedule, performance and risk assessments, and other relevant materials, to designated officials and relevant governance boards; ``(C) developing resource requests and justifications necessary to satisfy such requirements; and ``(D) on a continuous basis, assessing and managing risks to satisfying the requirements of such program baseline relating to cost and schedule.”
“Major acquisition program managers ``(a) Appointments.--Not later than 30 days after any date on which the Secretary approves a major acquisition program to commence, the applicable Program Executive Officer shall appoint a manager to be responsible for administering such program. ``(b) Qualifications.--Each manager appointed pursuant to subsection (a) shall be-- ``(1) certified in project management at level three by-- ``(A) the Department; ``(B) the Federal Acquisition Institute pursuant to section 1201 of title 41; or [[Page H4584]] ``(C) the Department of Defense pursuant to section 1701a of title 10; or ``(2) hold an equivalent certification by a private sector project management certification organization, as determined appropriate by the Secretary.”
“``(3) Each Program Executive Officer shall be-- ``(A) certified in project management at level three by-- ``(i) the Department; ``(ii) the Federal Acquisition Institute pursuant to section 1201 of title 41; or ``(iii) the Department of Defense pursuant to section 1701a of title 10; or ``(B) hold an equivalent certification by a private sector project management certification organization, as determined appropriate by the Secretary.''. (b) Department of Veterans Affairs Major Acquisition Program Managers.--Subchapter VII of chapter 81 of title 38, United States Code, as added by subsection (a), is amended by adding at the end the following new section: ``Sec. 8183.”
“``(f) Program Executive Officers.--(1) The Assistant Secretary for Acquisition shall appoint no fewer than four Program Executive Officers, each responsible for overseeing major acquisition programs in one of the following areas: ``(A) Medical. ``(B) Information technology. ``(C) Professional services. ``(D) Other areas not included in subparagraphs (A) through (C). ``(2) Each Program Executive Officer shall report directly to the Assistant Secretary for Acquisition and shall supervise the managers of major acquisition programs within their respective area, as appointed under section 8183 of this title.”
“``(e) Deputy Assistant Secretary for Acquisition, Program Management, and Performance.--(1) Pursuant to section 308(d) of this title, the Secretary shall appoint a Deputy Assistant Secretary of Veterans Affairs for Acquisition, Program Management, and Performance, who shall report to the Assistant Secretary for Acquisition. ``(2) The Deputy Assistant Secretary for Acquisition, Program Management, and Performance shall be responsible for the following: ``(A) Lifecycle management. ``(B) Requirements planning. ``(C) Programming and budgeting. ``(D) Policy. ``(E) Performance standards. ``(F) Governance. ``(G) Enhancing the capabilities of the acquisition workforce.”
“``(c) Deputy Assistant Secretary for Logistics.--(1) Pursuant to section 308(d) of this title, the Secretary shall appoint a Deputy Assistant Secretary of Veterans Affairs for Logistics, who shall report to the Assistant Secretary for Acquisition. ``(2) The Deputy Assistant Secretary of Veterans Affairs for Logistics shall be responsible for administration of logistics and supply chain operations of the Department. ``(d) Deputy Assistant Secretary for Procurement.--(1) Pursuant to section 308(d) of this title, the Secretary shall appoint a Deputy Assistant Secretary of Veterans Affairs for Procurement, who shall report to the Assistant Secretary for Acquisition. ``(2) The Deputy Assistant Secretary of Veterans Affairs for Procurement shall be responsible for all procurement and contracting organizations of the Department.”
“``(2) The head of the Office of Acquisition shall be the Assistant Secretary of Veterans Affairs for Acquisition designated pursuant to subsection (a). ``(3) The Secretary shall take such actions as may be necessary to ensure that major acquisition program offices of the Department align under the Office of Acquisition and report directly to the Assistant Secretary of Veterans Affairs for Acquisition. ``(4) The budget of the Office of Acquisition, including budgets for major acquisition programs, shall be established in the budget justification materials submitted to Congress in support of the budget of the Department (as submitted with the budget of the President under section 1105(a) of title 31).”
“(3) Acquisition organization.--Subchapter VII of chapter 81 of such title, as added by paragraph (1), is amended by adding at the end the following new section: ``Sec. 8182. Acquisition organization ``(a) Assistant Secretary for Acquisition; Chief Acquisition Officer.--(1) The Secretary shall designate one of the Assistant Secretaries specified in subsection (a)(1) of section 308 of this title as the Assistant Secretary of Veterans Affairs for Acquisition, who shall focus solely on the administration of functions specified in subsection (b)(10) of such section. ``(2) Pursuant to section 1702(a) of title 41, the Secretary shall designate the Assistant Secretary of Veterans Affairs for Acquisition as the Chief Acquisition Officer of the Department. ``(b) Office of Acquisition.--(1) There is in the Department an Office of Acquisition.”
“Definition of major acquisition program ``In this subchapter, the term `major acquisition program' means a program of the Department to acquire services, supplies, technology, systems, or a combination thereof, with an estimated total program cost, estimated by the Secretary, that exceeds-- ``(1) $1,000,000,000 (adjusted pursuant to section 1908 of title 41) for the total life cycle cost of the program; or ``(2) $200,000,000 (adjusted pursuant to section 1908 of title 41) annually.''. (2) Assistant secretary for acquisition.--Section 308 of such title is amended-- (A) in subsection (a)(1), by striking ``seven'' and inserting ``eight''; (B) in subsection (b)(10), by striking ``Procurement functions'' and inserting ``Acquisition functions''; and (C) in subsection (d)(1), strike ``19'' and insert ``22''.”
“``(b) Employee Described.--An employee described in this subsection is an employee of the Department-- ``(1) whose position is that of chief financial officer of an Administration of the Department or a Veterans Integrated Service Network; or ``(2) whose duties are substantially similar to a position described in paragraph (1).''. SEC. 403. DEPARTMENT OF VETERANS AFFAIRS ACQUISITION REFORM AND COST ASSESSMENT. (a) Department of Veterans Affairs Acquisition Organization.-- (1) Definitions.--Chapter 81 of title 38, United States Code, is amended by inserting after subchapter VI the following new subchapter: ``SUBCHAPTER VII--ACQUISITION ORGANIZATION, COST ASSESSMENT, AND PROGRAM EVALUATION ``Sec. 8181.”
“(2) The Secretary shall make such additional technical and conforming amendments to regulations, directives, delegations, organizational charters, manuals, and internal guidance as may be necessary to carry out this Act. (c) Financial Employees.--Subchapter I of chapter 7 of such title is amended by inserting after section 715 the following new section (and the table of sections at the beginning of such chapter is amended accordingly): ``Sec. 716 Employees with certain financial authority: management; limitation on duties ``(a) In General.--An employee described in subsection (b)-- ``(1) shall report exclusively to the Chief Financial Officer of the Department designated under section 309 of this title; and ``(2) may not perform a programmatic or operational function in the Department.”
“``(2) Any delegation, determination, rule, regulation, order, permit, contract, agreement, certification, or other administrative action in effect immediately before the effective date of this Act shall continue in effect according to its terms until modified, superseded, terminated, or revoked. ``(h) References.--Any reference in any law, regulation, rule, directive, delegation, contract, agreement, determination, record, or other official document of the United States to the Chief Financial Officer of the Department shall be deemed to refer to the Under Secretary for Management and Chief Financial Officer.''. (b) Technical and Conforming Amendments.-- (1) The table of sections for chapter 3 of title 38, United States Code, is amended accordingly.”
“``(f) Limitation on Authority to Appoint.--The Secretary may not establish an employee position-- ``(1) that performs a function substantially similar to the function of the Budget and Appropriations Affairs Office established under section 309(e); and ``(2) that is not within the Office of Management. ``(g) Transfer of Functions.--(1) All functions, powers, duties, authorities, responsibilities, personnel, property, records, contracts, delegations, directives, regulations, administrative actions, and unobligated balances of appropriations relating to the Chief Financial Officer of the Department immediately before the effective date of this Act are transferred to the Under Secretary for Management and Chief Financial Officer.”
“``(3) Congress or a congressional committee may submit a request for information described in paragraph (2) directly to the BAA Office. ``(4) Paragraphs (2) and (3) notwithstanding, the Assistant Secretary for Congressional and Legislative Affairs may facilitate and transmit responses to requests described in paragraph (3) that are submitted to the BAA Office. Any response containing information described in paragraph (2) shall be prepared and certified by the BAA Office and may not be altered, delayed, withheld, edited, or modified by any other officer or employee of the Department prior to transmission to Congress or a congressional committee. ``(5) Not more than six full-time equivalent employees, including supervisors, may be assigned to the BAA Office.”
“``(2) Such Deputy Assistant Secretary shall be a career appointee (as that term is defined in section 3132(a) of title 5) within the Senior Executive Service of the Department. ``(d) Office of Infrastructure and Construction.--There is an Office of Infrastructure and Construction in the Department. ``(e) Budget and Appropriations Affairs Office.--(1) There is within the Office of Management a Budget and Appropriations [[Page H4583]] Affairs Office (in this subsection referred to as the `BAA Office'). The Under Secretary shall appoint a head of the BAA Office who shall report exclusively to the Under Secretary. ``(2) The sole function of the BAA Office is to provide to Congress (or a congressional committee), accurate, timely, and certified information regarding the finances and budget of the Department.”
“``(7) To provide to Congress, or a congressional committee upon request, information regarding the budget, finances, and fiscal condition of the Department. ``(8) To serve as the head of the Office of Budget of the Department. ``(9) To establish and oversee Department-wide financial management policies, accounting systems, internal controls, enterprise risk management programs, strategic planning processes, and capital planning activities. ``(10) To oversee infrastructure investment planning, financial systems modernization, and business transformation initiatives of the Department. ``(c) Deputy Assistant Secretary.--(1) There is in the Department a Deputy Assistant Secretary for Infrastructure and Construction.”
“``(4) The Under Secretary shall exercise authority, direction, and control over the Office of Budget and such other offices as may be assigned by law or by the Secretary. ``(b) Duties.--The duties of the Under Secretary include the following: ``(1) To advise the Secretary on financial management of the Department. ``(2) To formulate, justify, execute, oversee, and certify the budget of the Department. ``(3) To control, account for, audit, and report on the finances of the Department. ``(4) To coordinate and assist the Chief Acquisition Officer with the life cycle of major acquisition programs of the Department. ``(5) To exercise the authority and carry out the functions specified in section 902 of title 31. ``(6) To ensure compliance with sections 1341, 1342, 1349, 1350, and 1511 through 1519 of title 31.”
“402. ESTABLISHMENT OF UNDER SECRETARY FOR MANAGEMENT AND CHIEF FINANCIAL OFFICER. (a) Chief Financial Officer; Office of Budget.--Section 309 of title 38, United States Code, is amended to read as follows: ``Sec. 309. Under Secretary for Management and Chief Financial Officer ``(a) Under Secretary for Management and Chief Financial Officer.-- ``(1) The Under Secretary for Management and Chief Financial Officer shall be the principal management and financial officer of the Department. ``(2) The Under Secretary shall report directly to the Secretary. ``(3) The Under Secretary shall serve as the Chief Financial Officer of the Department for purposes of chapter 9 of title 31.”
“(h) Use of Existing Contracting Authorities.--The Secretary shall carry out the activities authorized under this section, to the maximum extent practicable, through contracts, task orders, delivery orders, interagency agreements, cooperative agreements, or other agreements entered into under existing authorities of title 38, United States Code, as applicable. Amounts made available under this section shall not be used to establish a new full-time equivalent position, hire additional employees of the Department, or otherwise increase the number of full-time equivalent employees of the Department, except to the extent the Secretary determines that such personnel are necessary for the oversight, management, cybersecurity supervision, acquisition administration, or operational integration of activities carried out under this section. SEC.”
“(3) Continuation of existing activities.--Nothing in paragraph (2) shall be construed to prohibit the Secretary from-- (A) maintaining, sustaining, securing, operating, completing, or supporting any program, project, activity, contract, system, platform, infrastructure capability, or operational activity lawfully initiated using amounts obligated before September 30, 2031; or (B) carrying out similar information technology modernization, cybersecurity, continuity of operations, logistics modernization, communications modernization, operational resiliency, or mission assurance activities using amounts otherwise authorized and appropriated under any other provision of law.”