[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3089 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 3089
To improve the construction and leasing of medical facilities of the
Department of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 18, 2019
Mr. Tester (for himself and Mr. Hawley) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To improve the construction and leasing of medical facilities of the
Department of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Build, Utilize, Invest, Lease, and
Deliver for Veterans Act of 2019'' or the ``BUILD for Veterans Act of
2019''.
SEC. 2. TREATMENT OF MAJOR MEDICAL FACILITY LEASES OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Congressional Approval of Major Medical Facility Leases.--
(1) In general.--Paragraph (2) of section 8104(a) of title
38, United States Code, is amended--
(A) by striking ``No funds'' and inserting ``(A) No
funds'';
(B) by striking ``or any major medical facility
lease'';
(C) by striking ``or lease''; and
(D) by adding at the end the following new
subparagraph:
``(B) No funds may be appropriated for any fiscal year (other than
for advance planning and design) for any major medical facility lease
unless the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives each
adopt a resolution approving the lease.''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply with respect to a lease that has not been
specifically authorized by law on or before the date of the
enactment of this Act.
(b) Modification of Definition of Major Medical Facility Lease.--
Paragraph (3)(B) of such section is amended to read as follows:
``(B) The term `major medical facility lease' means a lease
for space for use as a new medical facility at an average
annual rent equal to or greater than the dollar threshold for
leases procured through the General Services Administration
under section 3307(a)(2) of title 40, which shall be subject to
annual adjustment in accordance with section 3307(h) of such
title, but such term does not include a lease for space for use
as a shared Federal medical facility for which the Department's
estimated share of the lease costs does not exceed that dollar
threshold.''.
SEC. 3. MODIFICATIONS TO ENHANCED-USE LEASE AUTHORITY OF THE DEPARTMENT
OF VETERANS AFFAIRS.
Section 8162(a)(2) of title 38, United States Code, is amended to
read as follows:
``(2)(A) The Secretary may enter into an enhanced-use lease on or
after the date of the enactment of the Build, Utilize, Invest, Lease,
and Deliver for Veterans Act of 2019 only if the Secretary determines
that--
``(i) the lease will not be inconsistent with and will not
adversely affect--
``(I) the mission of the Department; or
``(II) the operation of facilities, programs, and
services of the Department in the local area; and
``(ii)(I) the lease will enhance the use of the leased
property by directly or indirectly benefitting veterans; or
``(II) the leased property will provide supportive housing.
``(B) The Secretary shall give priority to enhanced used leases
that, on the leased property--
``(i) provide supportive housing for veterans;
``(ii) provide direct services or benefits targeted to
veterans; or
``(iii) provide services or benefits that indirectly
support veterans.''.
SEC. 4. FACILITY PLANNING STAFF AT MEDICAL CENTERS OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) Staffing.--
(1) In general.--The Secretary of Veterans Affairs shall
ensure that each medical center of the Department of Veterans
Affairs has not fewer than one staff member whose sole job is--
(A) facility planning;
(B) long-range capital planning; and
(C) management of projects and capital assets
relating to the execution of major construction
projects, minor construction projects, major leases,
minor leases, non-recurring maintenance, and related
matters at the medical center and the catchment area
surrounding the medical center.
(2) Treatment of states and territories without a medical
center.--In the case of a State or territory of the United
States in which the Department does not operate a full-service
medical center, the staff member required under paragraph (1)
shall be located at the largest medical facility of the
Department in that State or territory, and any reference in
this section to a medical center shall be deemed to be a
reference to that medical facility.
(b) Long-Term Planning and Management.--An individual in a position
described in subsection (a) at a medical center of the Department shall
not be the same individual responsible for day to day maintenance and
repairs at the medical center or other medical facilities of the
Department in the catchment area surrounding the medical center.
(c) Qualifications.--The Secretary shall ensure that an individual
in a position described in subsection (a) has the appropriate
professional certifications, educational background, and other
qualifications to manage the duties of such position under this
section.
(d) Duties.--
(1) In general.--An individual in a position described in
subsection (a) at a medical center of the Department shall have
the following duties:
(A) The development, monitoring, and implementation
of capital asset objectives for the catchment area
surrounding the medical center, including community-
based outpatient clinics and other sites of care of the
Department in that area.
(B) The coordination of capital asset management
and planning with counterparts at other medical centers
of the Department in the region and facility planners
for the Veterans Integrated Service Network or Networks
in the region.
(C) Constantly monitoring the needs of veterans and
staff of the Department as it relates to medical space
and services at the medical center and the catchment
area surrounding the medical center to forward plan and
identify and submit plans to meet those needs.
(D) In order to formulate local and regional
capital improvement and asset management plans for
medical facilities of the Department, the collection,
not less frequently than once every two years, of--
(i) views and expectations of veterans in
the catchment area surrounding the medical
center who are users of health care provided by
the Department with respect to--
(I) preferences and needs of those
veterans for the care received from
medical facilities of the Department in
that area; and
(II) the need for improvements and
enhancements to infrastructure of the
Department; and
(ii) views of relevant medical staff of the
Department at the medical center and in the
catchment area surrounding the medical center
regarding their preferences and needs for how
to deliver health care to veterans and how
those preferences impact the infrastructure
needs of the Department.
(E) With respect to space, planning, and
infrastructure policies and directives of the
Department, including those issued by the central
office of the Department, the Veterans Health
Administration, the Office of Acquisition, Logistics,
and Construction, the Office of Management, the Office
of General Counsel, a Veterans Integrated Service
Network, and any other office of the Department with
significant responsibility over capital asset
management and planning--
(i) understanding and implementing locally
those policies and directives; and
(ii) providing feedback regarding ways in
which those policies and directives can be
improved.
(2) Collection of views and expectations.--
(A) In general.--Views and expectations may be
collected under paragraph (1)(D) through multiple
channels and the process used for such collection shall
ensure that the views and expectations collected
provide a representative sample of the population from
which such views and expectations are collected.
(B) Confidentiality.--Any information collected
under paragraph (1)(D) shall be collected in a manner
that provides an option for submission of views that
are anonymous and confidential.
(C) Inclusion of diverse viewpoints.--In collecting
views and expectations of veterans under paragraph
(1)(D)(i), an individual in a position described in
subsection (a) at a medical center of the Department
shall ensure that the viewpoints of a diverse
population of veterans being served by the medical
center are captured.
(e) Development of Standard Process To Solicit Views on
Effectiveness.--
(1) In general.--The Secretary shall develop a standardized
process to solicit, not less frequently than once every two
years, feedback from medical centers and Veterans Integrated
Service Networks of the Department regarding the effectiveness
of and ways to improve the infrastructure and asset management
investment processes and guidance of the central office of the
Department and Veterans Integrated Service Networks.
(2) Confidentiality.--Any information collected under
paragraph (1) shall be collected in a manner that provides an
option for submission of views that are anonymous and
confidential.
SEC. 5. REVIEW OF CLIMATE RESILIENCE OF FACILITIES OF THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall conduct a
comprehensive review of the climate resilience of facilities under the
authority and jurisdiction of the Secretary.
(b) Elements.--
(1) In general.--The review conducted under subsection (a)
shall--
(A) provide a comprehensive assessment of existing
facilities that may be at risk due to changes in the
climate, including potential vulnerabilities related
to--
(i) proximity to a body of water;
(ii) proximity to an area prone to
flooding;
(iii) proximity to an area prone to wild
fire;
(iv) proximity to an area prone to
tornadoes, hurricanes, or other storms; and
(v) such other matters as the Secretary
considers appropriate after consulting with the
United States Global Change Research Program on
the best available observations and forward-
looking climate projections by region,
including sea level rise data;
(B) include a description of strategies to improve
the climate resilience of existing facilities at risk
due to changes in the climate, including potential
modifications to facility operations and maintenance
practices, and the cost of such strategies;
(C) include an analysis of the design standards and
building codes used by the Department to site, plan,
build, lease, and renovate facilities and whether those
design standards and building codes reflect both
observed and forward-looking climate information;
(D) use, in consultation with the United States
Global Change Research Program, forward-looking climate
information and other projections to anticipate
changing environmental conditions during the design
life of existing or planned facilities and
infrastructure; and
(E) include recommendations for best practices for
future placement, planning, renovation, and
construction of facilities of the Department so as to
avoid or mitigate the challenges resulting from placing
a facility in an area at risk of being vulnerable to
harm from the impacts of changing environmental
conditions.
(2) Sources of information and projections.--Sources of
information and projections used under paragraph (1)(D) may
include the Bureau of the Census (for population projections),
the National Academies of Sciences, Engineering, and Medicine
(for land use change projections and climate projections), the
United States Geological Survey (for land use change
projections), the United States Global Change Research Program
and the National Climate Assessment (for climate observations
and projections), and such other sources as the Secretary
considers reliable in consultation with the United States
Global Change Research Program.
(c) Report.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report detailing the
results of the review conducted under subsection (a) and the
actions the Secretary will take in response to the findings of
such review.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) Recommendations for legislative and
administrative action to mitigate and respond to the
findings contained in such review.
(B) A description of action to be taken by the
Secretary to improve the climate resilience of existing
facilities of the Department of Veterans Affairs.
(C) A description of changes in policy, directives,
and procedures of the Department to mitigate, plan for,
and improve resilience of future constructed facilities
of the Department.
(D) The estimated cost to implement the changes
described in the report.
(E) The estimate timeline to implement the changes
described in the report.
(F) Such other matters, recommendations, or
requests as the Secretary considers appropriate.
(d) 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.
(2) Climate resilience.--The term ``climate resilience''
means--
(A) anticipating, preparing for, and adapting to
changing environmental conditions such as variations in
average weather conditions that persist over multiple
decades or longer that encompass increases and
decreases in temperature, shifts in precipitation, and
changing risk of certain types of severe weather
events; and
(B) the ability to withstand, respond to, and
recover rapidly from disruptions while ensuring the
sustainment of mission-critical operations.
SEC. 6. REVIEW OF INFRASTRUCTURE NEEDS FOR DEPLOYMENT OF THE ELECTRONIC
HEALTH RECORD MODERNIZATION INITIATIVE OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Veterans Affairs shall conduct a
review of the physical space needs of each facility of the Department
of Veterans Affairs as it relates to the deployment of the Electronic
Health Record Modernization initiative of the Department.
(b) Elements.--The review conducted under subsection (a) shall
include an assessment of the amount and type of space, by facility,
that needs to be renovated, modified, or constructed to accommodate any
new or existing information technology or other infrastructure needed
for the effective deployment of the new electronic health record of the
Department.
(c) Report.--
(1) In general.--Not later than 275 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report--
(A) summarizing the findings of the review
conducted under subsection (a);
(B) detailing any legislative or administrative
action needed to carry out any projects recommended in
the review;
(C) containing a timeline to complete any such
projects;
(D) containing the cost and location of any such
projects; and
(E) containing such recommendations, information,
or requests as the Secretary considers appropriate.
(2) Appropriate committees of congress defined.--In this
subsection, 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.
<all>